Agenda 2014 11-17AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
WOODY WHITE, CHAIRMAN - BETH DAWSON, VICE -CHAIR
JONATHAN BARFIELD, JR., COMMISSIONER - BRIAN M. BERGER, COMMISSIONER - THOMAS WOLFE, COMMISSIONER
CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - TERESA ELMORE, INTERIM CLERK TO THE BOARD
NOVEMBER 17, 2014 9:00 AM
MEETING CALLED TO ORDER (Chairman Woody White)
INVOCATION (Reverend John A. McLaughlin, St. Jude Metropolitan Community Church)
PLEDGE OF ALLEGIANCE (Vice -Chair Beth Dawson)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval to Incorporate the Town of Wrightsville Beach's Hazard
Mitigation Plan into New Hanover County's Multi- Jurisdiction Hazard
Mitigation Plan
3. Approval of Unincorporated District 2nd 3% Room Occupancy Tax
Guidelines
4. Approval of Four Donations for Accession into the Museum's
Permanent Collection
5. Approval of Proposed Changes to Two Chapters of the Museum's
Collections Policy
6. Approval of Release of the Levy for Tax Year 2004
7. Adoption of Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
MINUTES
15 8. Presentation of Service Awards to Retirees and Employees
5 9. Presentation of NC Housing Award
10 10. New Hanover County ABC Board Annual Update
10 11. New Hanover County Library Advisory Board Annual Update
20 12. Consideration of Purchase Price for Property for Northeast Elementary
School Site
5 13. Public Hearing and Consideration of Approval to Submit Application for
5310 Enhanced Mobility of Seniors and Individuals with Disabilities
Program Funds in the Amount of $175,000
30 14. Executive Summary Presentation of Fire Consolidation Feasibility
Study
Board of Commissioners - November 17, 2014
15 15. Consideration of Carolina Beach Inlet Maintenance Dredging, 4th
Quarter 2015
10 16. Consideration of an Interlocal Agreement for the Flemington Force
Main
10 17. Committee Appointments
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes)
ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS
MINUTES
10 18. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
19. ADJOURN
Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will
move forward until the agenda is completed.
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity - Accountability - Professionalism - Innovation - Stewardship
Board of Commissioners - November 17, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
CONSENT
DEPARTMENT: Governing Body PRESENTER(S): Chairman White
CONTACT(S): Teresa P. Elmore, Interim Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review Meeting held on October 30, 2014
Regular Meeting held on November 3, 2014
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
CONSENT
DEPARTMENT: Emergency Management PRESENTER(S): Warren Lee, Emergency Management and 911
Communications Director and Kristen Skinner, Emergency
Management Specialist
CONTACT(S): Warren Lee and Kristen Skinner
SUBJECT:
Approval to Incorporate the Town of Wrightsville Beach's Hazard Mitigation Plan into New Hanover
County's Multi- Jurisdiction Hazard Mitigation Plan
BRIEF SUMMARY:
The Town of Wrightsville Beach is the only municipality in New Hanover County that has not joined the
County's Multi jurisdictional Hazard Mitigation Plan. In response to an effort to create a regional Hazard
Mitigation Plan with Brunswick, New Hanover and Pender Counties, the Wrightsville Beach Board of
Alderman has requested to be included, effectively immediately, in the County's Multi jurisdictional Hazard
Mitigation Plan. The regional planning process has been initiated and the updated plan will be completed
before the current County Plan expires in February 2016.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Develop appropriate public /private partnerships
• Collaborate on regional planning
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the request.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
CONSENT
DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Finance Director
CONTACT(S): Lisa Wurtzbacher
SUBJECT:
Approval of Unincorporated District 2nd 3% Room Occupancy Tax Guidelines
BRIEF SUMMARY:
At the Board of County Commissioners' September 15, 2014 meeting, the Board approved a Memorandum
of Understanding between the County and the Tourism Development Authority (TDA) to address changes,
resulting from Session Law 2014 -87, to the use of the second three percent room occupancy tax collected in
the County's unincorporated area.
The Memorandum of Understanding that was approved clarified that the intent of using the tourism activities
funds from the unincorporated area would be for inlet maintenance. To direct the allocation of these funds to
the various inlet projects within New Hanover County, guidelines for the distribution of the 2nd 3% room
occupancy taxes collected in the unincorporated areas of the County have been prepared. The drafted
guidelines were finalized after meeting with various stakeholders to address questions and concerns and the
finalized guidelines were approved by the TDA at their October 29, 2014 meeting.
This now requires Board of Commissioner approval.
Intelligent Growth and Economic Development
• Build and maintain infrastructure
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve guidelines for use of 2nd 3% room occupancy taxes collected in the unincorporated area of the
County.
ATTACHMENTS:
Guidelines for District U 2nd 3% ROT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
141110ILI16X9 [I7►10111461alt 110 [I7►6`M
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 3
Guidelines for Distribution of District U 2nd 3% Room Occupancy Tax (ROT)
1) District U 2nd 3% room occupancy tax funds are to be used for dredging of the County's inlets and connecting
channels including Carolina Beach Inlet, Mason Inlet, and Masonboro Inlet if that inlet loses federal funding.
2) Funds designated as tourism expenditures through the 2nd 3% room occupancy tax funds are to be split between
Carolina Beach Inlet and Mason Inlet as follows:
a) 75% of the District U 2nd 3% ROT Tourism Expenditure funds collected prior to July 1, 2014 and 50% of the
District U 2nd 3% ROT Tourism Expenditure funds collected on or subsequent to July 1, 2014 will be used for
maintenance dredging efforts at Carolina Beach Inlet and its connecting channels.
b) 25% of the District U 2nd 3% ROT Tourism Expenditure funds collected prior to July 1, 2014 and 50% of the
District U 2nd 3% ROT Tourism Expenditure funds collected on or subsequent to July 1, 2014 will be used for
maintenance dredging efforts at Mason Inlet and its connecting channels.
3) The District U 2nd 3% ROT funds designated for Carolina Beach Inlet will be distributed to New Hanover County in an
amount not to exceed $160,800 annually plus 50% of the District U 2nd 3% ROT Tourism Expenditure funds collected
subsequent to July 1, 2014 for use in paying maintenance dredging expenditures.
a) New Hanover County will contribute the equivalent of 25% of the District U 2nd 3% ROT Tourism Expenditure
funds collected subsequent to July 1, 2014 to the Carolina Beach Inlet maintenance dredging.
b) The remaining local project costs for Carolina Beach Inlet maintenance dredging will be funded through New
Hanover County, the Town of Carolina Beach, and the Town of Kure Beach in the following percentages:
i) New Hanover County — 75% of local project costs remaining after disbursement of annual District U 2nd 3°%
room occupancy tax funds.
ii) Town of Carolina Beach - 20% of local project costs remaining after disbursement of annual District U 2nd 3°%
room occupancy tax funds.
iii) Town of Kure Beach - 5% of local project costs remaining after disbursement of annual District U 2nd 3°%
room occupancy tax funds.
c) After $804,000 of District U 2nd 3% ROT funds collected prior to July 1, 2014 have been distributed, allocation of
local Carolina Beach Inlet dredging costs will be negotiated between the above stakeholders.
4) The District U 2nd 3% ROT funds designated for Mason Inlet will be distributed to New Hanover County in an amount
not to exceed $53,600 annually plus 50% of the District U 2nd 3% ROT Tourism Expenditure funds collected
subsequent to July 1, 2014 for use in paying maintenance dredging expenditures.
a) The remaining project costs for Mason Inlet maintenance dredging will be funded through the assessment
process established by the County in 1999.
b) After $268,000 of District U 2nd 3% ROT funds collected prior to July 1, 2014 have been distributed, allocation of
Mason Inlet dredging costs will be funded through the assessment process established by the County in 1999.
5) As New Hanover County determines the oversight of each inlet maintenance project, the TDA will approve District U
2nd 3% room occupancy tax funds to New Hanover County annually in the sums noted above during the budget
process. The County will send appropriate supporting documentation of funds required during each event and the
funds will be disbursed by the TDA within 30 days of the request. The Town of Carolina Beach and the Town of Kure
Beach will be invoiced for the remaining local participation for each maintenance dredging event.
Board of Commissioners - November 17, 2014
ITEM: 3 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
CONSENT
DEPARTMENT: Museum PRESENTER(S): Barbara L. Rowe, Museum Curator
CONTACT(s): Barbara L. Rowe
SUBJECT:
Approval of Four Donations for Accession into the Museum's Permanent Collection
BRIEF SUMMARY:
The Museum collects objects pertaining to the history, science and cultures of the Lower Cape Fear
region. Submitted for approval are four donations to be added to the Museum's permanent collection. The
objects presented were approved by the Museum Advisory Board during their meeting of October 15, 2014.
Each item offered has a special story to preserve. From an early food chopper, to a worker's 1D tag worn at
the North Carolina Shipbuilding Company during the 1940s to a late 20th century battery - powered drill, the
objects document 300 years of the region's stories.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational, cultural and enrichment amenities
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Move to accept four [4] donations of regional artifacts into the Cape Fear Museum Permanent Collection.
ATTACHMENTS:
Acquisitions List
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
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Board of Commissi
ITEM
)ners - November 17, 2014
4 -1 -2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
CONSENT
DEPARTMENT: Museum PRESENTER(S): Barbara L. Rowe, Museum Curator
CONTACT(s): Barbara L. Rowe
SUBJECT:
Approval of Proposed Changes to Two Chapters of the Museum's Collections Policy
BRIEF SUMMARY:
The Museum reviews and revises its Collections Policy on a regular basis. This is to keep abreast of the
changes and trends in Best Practices as recommended by professional organizations in the museum
field. Making such changes to the policy ensures that Cape Fear Museum will maintain its professional
standing as an institution accredited by the American Alliance of Museums.
Two chapters of the policy have been revised to reflect better control of access to, and the
photography /filming of, the Museum collections. These changes were approved by the Museum Advisory
Board at their meeting of October 15, 2014.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational, cultural and enrichment amenities
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Move to accept proposed changes to chapters "13. Access" and "17. Photography /Filming" in the Museum's
Collections Policy.
ATTACHMENTS:
Chapter 13 ACCESS
Chapter 17 PHOTOGRAPHY / FILMING
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 5
Proposed changes to chapter 13.Access
July 2014
13. ACCESS
Discussion of*access and confidentiality concerning the collections or collection records.
With regard to its collections, CFM's mission dictates that a balance must be struck between
preservation and access. Museum staff and the general public need access to the collections
owing to CFM's mission of interpretation and education. The following are meant to guide how
CFM's collections are accessed by staff and the general public.
L PERMANENT COLLECTION
Best practice for the care and safety of permanent collection objects dictate how these objects
can be used. In general, only collections staff and trained collections volunteers /interns will
handle these objects.
A. CFM's permanent collection is stored in secured areas registration, collections storage, and
the conservation lab —that are controlled by collections staff. Collections staff, namely the
curator, registrar, historian, and collections assistant, are allowed access to the secured areas at
any time without signing in.
B. In the absence of collections staff, collections storage areas may not be entered without prior
permission— except if the elevator control rooms must be accessed, or in case of an emergency.
In these situations, the visitor's log must be filled in before entering collections storage.
C. With collections staff present, collections storage areas may be entered by the Museum
director, housekeeping staff, exhibits staff (for the purpose of accessing exhibit mounts,
furniture, etc.), and education staff (for the purpose of accessing the Demonstration collection or
laundry). When entering into collections storage, they must sign the visitor's log.
D. Collections volunteers and interns are not allowed to work in collections storage unless they
are being supervised by collections staff. When working in collections storage for the day, they
must sign the visitor's log.
E. Maintenance workers and contractors may be allowed to work in collections storage but must
be supervised by a CFM staff person at all times and must sign the visitor's log. If such work
requires the protection or relocation of an artifact, it must be done by a collections staff member.
F. Specialists, such as appraisers, conservators, etc., may access permanent collections objects
with the approval of the curator, and where possible, will be supervised by collections staff. If
they need to enter collections storage they must sign the visitor's log.
G. When permanent collections objects are exhibited, secured vitrines, lockable cases, physical
barriers, and /or security mounts must be used.
H. When permanent collections objects are used in public programs or other educational
activities, secured vitrines, lockable cases, physical barriers, and /or security mounts must be used
and collections staff must be present.
Board of Commissioners - November 17, 2014
ITEM: 5 - 1 - 1
Proposed changes to chapter 13.Access
July 2014
I. Permanent collections objects may not be removed from storage or exhibit areas without the
permission of collections staff, and then only by collections staff, unless in an emergency.
J. Objects from the collection may not be used as office decor. in the v, uses v,, by ba - aw
K. Objects from the collection may not be stored or exhibited where food and /or drinks are
consumed.
L. The general public may only access collection areas with the prior approval of collections
staff or the director. Individual visitors may be allowed to tour collections when escorted by a
collection staff person. Group visitors may be allowed to tour collections stemge, but will be
escorted by two collections staff—or the director and a collections staff person—at all
times. Tour groups are limited to 15 visitors. All visitors and /or groups entering storage must be
entered onto the visitor's log.
M. Outside researchers may access CFM's collections by appointment but must be supervised
by staff at all times. Basic catalogue information on objects may be provided to researchers.
Restricted information not provided to researchers includes the object's insurance value, and the
donor's contact information.
N. To access photographic collections, researchers will use copies in place of direct
examination. Researchers must receive prior approval by the Curator to access original images in
the collection.
O. Collections records are comprised of paper files and computerized catalogue records and are
accessible to collections staff and trained collections volunteers. Collections staff and trained
collections volunteers may enter or change data in the computer database. Selected CFM staff —
the director, exhibits coordinator, public relations specialist, and educators —have access to the
computerized collections records in a read -only format.
P. All use of the permanent collection shall conform to laws and policies governing intellectual
property, including copyright and fair use.
Q. Requests for use of images from the collection, or of images of collections objects, are
covered by CFM's Reproduction Policy and Chapter 17. Photography /Filming.
IL DEMONSTRATION COLLECTION
A. CFM's Demonstration Collection is kept in a separate area within collections storage.
B. Collections staff manages the cataloguing and storage of the Demonstration Collection.
C. Education staff has unlimited access to the Demonstration Collection, with the ability to move
objects in and out of the storage area as they are needed for programs and /or events.
Board of Commissioners - November 17, 2014
ITEM: 5 - 1 - 2
Proposed changes to chapter 13.Access
July 2014
D. Items in the Demonstration Collection may be loaned to other institutions. While a Facility
Report is not required of the loaning institution, some requirements, including the loan
paperwork, will be executed as outlined in Chapter 7. LOANS.
III. RESEARCH LIBRARY
A. The Research Library is non - circulating and intended primarily for the use of staff in
developing exhibits and programs. It contains books, vertical files, unpublished manuscripts
such as theses and dissertations— and video materials relating to the history and objects of the
Lower Cape Fear. It also has copies of CFM's photographic collections organized into binders.
B. Outside researchers may access CFM's library by appointment. Staff must supervise
researchers in the library.
C. Requests for copies of video materials will be considered on a case -by -case basis.
IV. MUSEUM USE
A. CFM's Museum Use Collection is stored separately from the permanent collection.
B. Museum staff has unlimited access to the Museum Use Collection.
V. IMAGE ARCHIVE
A. Images contained in the Image Archive are not owned by CFM and should be used only for
internal CFM projects.
B. CFM cannot give permission for the use of images in the Image Archive by outside
individuals or organizations.
VI. INCOMING LOANS/REPOSITORY COLLECTIONS
A. Only collections staff will handle incoming loans and repository collections.
B. Collections staff will not clean, repair, restore, or otherwise alter these objects without the
written permission of the owner /lender.
C. Written permission must be obtained from the owner /lender for others to access these objects.
D. Written permission must be obtained from the owner /lender for staff and the general public to
use images of these objects.
Board of Commissioners - November 17, 2014
ITEM: 5 - 1 - 3
Proposed changes to chapter 17. Photography /Filming
17. PHOTOGRAPHYXILMING
Statement about whether the museum allows photography or filming in the museum or of
specific objects and, if*so, under what conditions.
CFM manages the photography and filming of its exhibitions and collections according to its
mission of preservation and education.
L PERSONAL PHOTOGRAPHY
A. In general, CFM allows the general public to photograph its exhibits for personal use only,
such as recording a visitor's museum experience, family activities, etc.
B. Obj ects or images not owned by CFM, but on loan from another institution or individual,
may be restricted and photography of these objects is prohibited.
C. Objects susceptible to light damage, such as paper and textiles, may require that no flash
photography be allowed while they are on display. Such exhibits will have a notice to this effect
posted at their entrance.
D. Individuals interested in obtaining photographs of objects or images not currently on display
may contact the collections unit for more information. (See Reproduction Policy for
procedures.)
E. CFM does not allow personal photography in its collections storage areas without permission
from Collections staff.
IL COMMERCIAL PHOTOGRAPHY
A. Permission must be obtained in writing, fees paid and contracts executed to publish any
images, for commercial purposes, of objects or photographs owned by CFM, in any media
format including web use. (See Reproduction Policy for procedures)
B. In order to publish any images of objects or photographs owned by CFM for news - reporting
purposes, permission will be arranged through CFM's Public Relations Specialist and under the
supervision of Collections staff.
C. Objects or images not owned by CFM, but on loan from another institution or individual,
may be restricted and photography of these objects prohibited.
D. CFM does not allow general photography in its collections storage areas. Specific objects may
be photographed with prior approval from Collections staff.
Board of Commissioners - November 17, 2014
ITEM: 5 - 2 - 1
Proposed changes to chapter 17. Photography /Filming
III. COMMERCIAL FILMING
A. Requests for any news, commercial, or large -scale filming at CFM by media or film
production companies must be made in writing to New Hanover County's Media Productions
Coordinator, and will be reviewed on a case -by -case basis. Written requests must be received no
later than two weeks prior to the desired film date, and must include the following:
• description and purpose of the project;
• sponsor and /or producer of the project;
• treatment concept and /or a script for the project;
• desired date(s) for the on -site filming;
• description of the extent of the proposed filming;
• list of names of crew and cast members (anyone not on the list will not be
permitted on CFM premises);
• description and intended use of any props;
• Certificate of Insurance.
B. Production companies must furnish proof of insurance coverage with adequate limits of
coverage for property damage and personal injury incurred on location. They must also provide
a waiver exempting CFM from damages or suit arising from filming while at the museum. CFM
must receive a copy of the Certificate of Insurance no later than one week prior to the date for
on -site filming.
C. Permission for filming at CFM may be granted if the production will not endanger collections,
hinder operations, or prohibit the general public from visiting and enjoying the collections and
exhibitions. Generally, filming will be permitted only on Mondays or other periods when the
facilities are closed to the general public.
D. CFM, in consultation with the NHC's Media Productions Coordinator, may charge expenses
to cover staff overtime hours, lost entrance fees, or any extra services or costs resulting from
filming. CFM may also request that the production company make a financial contribution for
the privilege of filming on its premises.
E. Objects or images not owned by CFM, but on loan from another institution or individual may
be restricted, and photography of these objects prohibited.
F. Under no circumstances will CFM turn off its HVAC system for noise reduction during
filming.
G. There are lighting restrictions in all exhibition areas of CFM While it may be safe for
humans, film lighting does not meet the preservation requirements for many types of museum
objects through either UV exposure or heat generation. The curator's presence maybe required,
and his /her judgment must be heeded. Generally, lights must be no more than 80 foot - candles in
intensity, and all lights must have UV filter gels placed on them. Any light not necessary for
shooting must be turned off. The placement of lighting equipment will also be subject to the
curator's approval.
Board of Commissioners - November 17, 2014
ITEM: 5 - 2 - 2
Proposed changes to chapter 17. Photography /Filming
H. Any changes to CFM lighting will be handled by museum personnel. A member of the
exhibits unit will be on duty during the film company's use of the building.
I. Limited set dressing may be permitted; however, the film company may not move or remove
existing cases and exhibits from their places in galleries. The moving of anything in the galleries
must be agreed upon in advance and will be done by CFM staff All set dressing must be
approved in advance by CFM Nothing is to be attached to existing museum walls or structures.
Tape may not be applied to walls. Anything brought in for set dressing must be removed by the
film crew following filming. Fogging and smoke machines are not permitted.
J. If the film company wants to enter CFM exhibition vignettes for any reason, there shall be a
curatorial person assigned supervisory duty during the shoot.
K. Food and drink are not permitted in gallery spaces, and the use of tobacco products is
prohibited in all spaces inside the museum.
L. Prior permission must be obtained in order to bring in live plants, cut flowers, etc. for the
shoot.
M. CFM must receive credit using the following credit line:
Cape Fear Museum of History and Science, Wilmington, North Carolina
N. CFM reserves the right to terminate immediately any filming project in which the above
guidelines are not followed.
O. CFM does not allow general filming in its collections storage areas. Specific objects may be
filmed with prior approval from Collections staff.
Board of Commissioners - November 17, 2014
ITEM: 5 - 2 - 3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
CONSENT
DEPARTMENT: Tax PRESENTER(S): Roger Kelley, Tax Administrator
CONTACT(S): Allison Snell, Assistant Tax Administrator
SUBJECT:
Approval of Release of the Levy for Tax Year 2004
BRIEF SUMMARY:
The Tax Administrator requests release of the levy for tax year 2004 from the charge as the ten -year statute
of limitations prohibits using forced collection measures to collect these taxes. The amounts are deemed
insolvent and uncollectible. The total amount to be released is $382,638.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the release request.
ATTACHMENTS:
2004 Write off request
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 6
NEW HANOVER COUNTY Roger L. Kelley
TAX DEPARTMENT Tax Administrator
230 GOVERNMENT CENTER DRIVE, SUITE 190 Allison Snell
WILMINGTON, NORTH CAROLINA 28403 -1671 Asst. Tax Administrator
TELEPHONE (910)798 -7300
FAX (910)- 798 -7310
Pursuant to NC GS 105 -378 Limitation on use of remedies.
(a) Use of Remedies Barred. — No county or municipality may maintain an action or procedure
to enforce any remedy provided by law for the collection of taxes or the enforcement of any tax liens
(whether the taxes or tax liens are evidenced by the original tax receipts, tax sales certificates, or
otherwise) unless the action or procedure is instituted within 10 years from the date the taxes became
due.
Therefore, on this the 17th day of November, 2014, Collector of Revenue, Roger Kelley, asks the New
Hanover County Board of Commissioners to release the levy for tax year 2004 from the charge as the
10 -year statute of limitations prohibits the Collector from using forced collection measures to collect
these taxes. These amounts are deemed insolvent and uncollectible.
2004
Real Estate
Personal Property
Motor Vehicles
Total
New Hanover
$ 7,833.68
$
107,612.27
$
149,926.04
$
265,371.99
Fire District
$ 276.69
$
3,466.75
$
4,947.41
$
8,690.85
Carolina Beach
$ 361.76
$
4,075.60
$
2,832.10
$
7,269.46
Kure Beach
$
277.67
$
671.44
$
949.11
Wilmington
$ 2,820.61
$
38,447.52
$
57,791.04
$
99,059.17
Wrightsville Beach
$
751.90
$
545.52
$
1,297.42
As requested the New Hanover County Board of Commissioners does hereby release the levy for tax
year 2004 as stated above from the charge as the 10 -year statute of limitations prohibits the Collector
from using forced collection measures to collect these taxes. These amounts are deemed insolvent and
uncollectible.
Woody White, Chairman
New Hanover County
Board of Commissioners - November 17, 2014
ITEM: 6 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
CONSENT
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin
SUBJECT:
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2015:
15 -023 Sheriff
15 -024 Sheriff
15 -025 Finance
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 15 -023
B/A 15 -024
B/A 15 -025
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 7
AGENDA: November 17, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET
BY BUDGET AMENDMENT 15 - 023
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 15 -023 be made to the annual budget ordinance for the fiscal year ending
June 30, 2015.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Federal Forfeited Property Fund
Department: Sheriff
Expenditure:
Decrease
Increase
Sheriffs Office
$40,545
Total
$0
$40,545
Revenue:
Decrease
Increase
Sheriffs Office
$40,545
Total
$0
$40,545
Section 2: Explanation
To budget Federal Forfeited Property Fund receipts for 10/28 and 10/29. Federal Forfeited Property funds are
budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current
balance in the Federal Forfeited Property Fund is $38,010.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 15 -023, amending the annual budget
ordinance for the fiscal year ending June 30, 2015, is adopted.
Adopted, this 17th day of November, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Teresa P. Elmore, Interim Clerk to the Board
Board of Commissioners - November 17, 2014
ITEM: 7 - 1 - 1
AGENDA: November 17, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET
BY BUDGET AMENDMENT 15 - 024
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 15 -024 be made to the annual budget ordinance for the fiscal year ending
June 30, 2015.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Controlled Substance Tax Fund
Department: Sheriff
Expenditure:
Decrease
Increase
Sheriffs Office
$7,795
Total
$0
$7,795
Revenue:
Decrease
Increase
Sheriffs Office
$7,795
Total
$0
$7,795
Section 2: Explanation
To budget Controlled Substance Tax receipts for 9/23 and 10/22. Controlled Substance Tax funds are
budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current
balance in the Controlled Substance Tax fund is $10,416.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 15 -024, amending the annual budget
ordinance for the fiscal year ending June 30, 2015, is adopted.
Adopted, this 17th day of November, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Teresa P. Elmore, Interim Clerk to the Board
Board of Commissioners - November 17, 2014
ITEM: 7 - 2 - 1
AGENDA: November 17, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET
BY BUDGET AMENDMENT 15 - 025
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 15 -025 be made to the annual budget ordinance for the fiscal year ending
June 30, 2015.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Innovate programs to protect the environment
Understand / act on citizen needs
Fund: Mason Inlet
Department: Finance
Expenditure:
Decrease
Increase
Capital Project Expenditures
$240,000
Total
$0
$240,000
Revenue:
Decrease
Increase
Transfer in from ROT Fund
$240,000
Total
$0
$240,000
Section 2: Explanation
Additional funds are needed in the Mason Inlet Capital Project fund to continue required Year Thirteen
maintenance and monitoring contracts associated with the Mason Inlet Relocation project. These funds were
budgeted in FY2015 in the Room Occupancy Tax (ROT) fund as a transfer to the Mason Inlet Capital Project
fund. Staff now requests the approval to transfer the budgeted $240,000 to the Mason Inlet Capital Project
fund as intended.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 15 -025, amending the annual budget
ordinance for the fiscal year ending June 30, 2015, is adopted.
Adopted, this 17th day of November, 2014.
(SEAL)
Woody White, Chairman
Teresa P. Ehnore, Interim Clerk to the Board
Board of Commissioners - November 17, 2014
ITEM: 7 - 3 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: Human Resources PRESENTER(S): Commissioners and Chris Coudriet, County
Manager
CONTACT(S): Bo Dean, Human Resources Analyst
SUBJECT:
Presentation of Service Awards to Retirees and Employees
BRIEF SUMMARY:
Service awards will be presented to retirees and employees.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Hire, develop and retain talented people
• Recognize and reward contribution
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Present service awards.
ATTACHMENTS:
November 2014 Service Awards
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards.
COMMISSIONERS' ACTIONS:
Presented service awards.
Board of Commissioners - November 17, 2014
ITEM: 8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: County Manager PRESENTER(S): Frankie Roberts, Executive Director of LILAC
CONTACT(S): Avril Pinder, Assistant County Manager
SUBJECT:
Presentation of NC Housing Award
BRIEF SUMMARY:
On October 15, 2014, Frankie Roberts was recognized for the achievements of the Marvin E. Roberts
Transitional Living Facility, housed on County property at the former weekend jail on Division Drive. After
a brief presentation, Frankie will present a plaque to the Board of Commissioners.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation and accept the award.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation and accept the award.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners - November 17, 2014
ITEM: 9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: Governing Body PRESENTER(S): Cedric Dickerson, New Hanover County ABC
Board Chairman
CONTACT(S): Teresa Elmore, Interim Clerk to the Board, and Dan Sykes, ABC Board Chief Executive
Officer
SUBJECT:
New Hanover County ABC Board Annual Update
BRIEF SUMMARY:
The New Hanover County ABC Board will make its annual presentation to the Board of Commissioners.
Attached is the information regarding this board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County ABC Board Information
New Hanover County ABC Board Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners - November 17, 2014
ITEM: 10
NEW HANOVER COUNTY
ABC BOARD
Number of Members: 5 - Chairman designated by County Commissioners
Term of Office: Three years - may be reappointed
Regular meeting: Third Tuesday of every month at 8:30 a.m. at the ABC General Office, 523 S. 17th
Street, Wilmington, NC.
Compensation: $300 per month for Chairman and $250 per month for other members, effective
2/18/2013.
Statute or cause creating Board: N. C. General Statutes 18B -700; increased membership from 3
to 5 members effective 10/1/2010.
Qualifications: Appointed on the basis of appointee's interest in public affairs, good judgment,
knowledge, ability and good moral character.
Brief on the functions: 1) Establish stores and adopt local policies. 2) Set budget including
employees' salaries. 3) Hire general manager to oversee day -to -day operation of the system. 4)
Buy or lease property for the system. 5) Review reports and perform other duties in accordance
with 18B -701. 7) Board is an independent entity of the State.
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Cedric Dickerson, Chairman
First 5/3/10 (eff. 7/1/10)
6/30/12
356 Harlandale Drive
Second 6/18/12
6/30/15
Wilmington, NC 28411
686 -2764 (H) 617 -8389 (C) 395 -4064 (W)
Augustus Codington Everett, Jr.
First 10/18/10
6/30/13
4001 Providence Court
Second 6/17/13
6/30/16
Wilmington, NC 28412
392 -6226 (H) 619 -7900 (C) 762 -6452 (W)
William A. Kopp
First 6/16/14
6/3017
6231 Stonebridge Road
effective 10/1/14
Wilmington, NC 28409
799 -4517 (H) 431 -7121 (C)
Robert W. Martenis, Vice - Chairman
First 10/18/10
6/30/13
9004 St. Stephens Place
Second 6/17/13
6/30/16
Wilmington, NC 28412
313 -1312 (H) 297 -6800 (C)
Thomas Wolfe
First 4/19/10 (eff. 7/1/10)
6/30/13
3739 Reston Court
Second 6/17/13
6/30/16
Wilmington, NC 28403
392 -0654 (H) 228 -8569 (C) 784 -9800 (W)
Board of Commissioners - November 17, 2014
ITEM: 10-1 -1
NEW HANOVER COUNTY ABC BOARD (Continued)
CURRENT MEMBERS
TERM OF OFFICE
APPOINTMENT
EXPIRATION
New Hanover County Ex. Officio Members:
Avril Pinder, Assistant County Manager
Appointed 4/19/10
Wanda Copley, County Attorney
Dan Sykes, Chief Executive Officer (4/2010)
New Hanover County ABC Board
File: /ABC
523 South 17th Street
B/C #1 — 10.14
Wilmington, NC 28401
910- 762 -7611
Fax: 343 -0491
Revised: 10/10/14
Board of Commissioners - November 17, 2014
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Board of Commissioners - November 17, 201
ITEM: 10- 2 - 18
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: Governing Body PRESENTER(S): Virginia Teachey, New Hanover County Library
Advisory Board Chair
CONTACT(S): Teresa Elmore, Interim Clerk to the Board and Harry Tuchmayer, Library Director
SUBJECT:
New Hanover County Library Advisory Board Annual Update
BRIEF SUMMARY:
The New Hanover County Library Advisory Board will make its annual presentation to the Board of
Commissioners. Attached is the information regarding this board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Library Advisory Board Information
New Hanover County Library Advisory Board Presentation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners - November 17, 2014
ITEM: 11
NEW HANOVER COUNTY
LIBRARY ADVISORY BOARD
Number of Members: 12
Term: 3 years
Regular Meetings: Third Thursday every month at 2:00 p.m. at the Main Library, 201 Chestnut
Street, Wilmington, NC 28401
Statute or cause creating Board: Policy for the Governing and Operation of the Library.
Brief on the functions: To develop necessary policies for the efficient and responsive operation of
the County's public library system. Also responsible for making recommendations to the County
Manager and County Commissioners concerning the operating and capital needs of the library.
Board members are expected to actively promote the library's service program; keep abreast with
trends in public library development and to work for the continued improvement of library services
offered by the County.
Board of Commissioners - November 17, 2014
ITEM: 11-1 -1
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
T. Gwendolyn Grear Brown
First 8/20/12
8/31/15
3224 Amber Drive
Wilmington, NC 28409
794 -9359 (H) 620 -4817 (C)
Denise Chadurjian
Unexpired 8/19/13
8/31/15
409 S. Second Street
Wilmington, NC 28403
919 - 218 -7470 (H)
John F. Gardner III
First 4/21/14
8/31/17
1704 N. Lumina Avenue, Unit 60
Wrightsville Beach, NC 28480
840 -3159 (C) 815 -2785 (W)
Ellen B. O'Malley
First 8/17/09
8/31/12
249 Wetland Drive
Second 8/20/12
8/31/15
Wilmington, NC 28412
791 -4333 (H) 465 -1307 (C)
John Osinski
First 8/15/11
8/31/14
174 Treasure Island Way
Second 8/11/14
8/31/17
Wilmington, NC 28411
686 -2461 (H) 962 -4271 (W)
Deloris H. Rhodes
Unexpired 1/18/11
8/31/11
1005 Deepwood Place
First 8/15/11
8/31/14
Wilmington, NC 28405
Second 8/11/14
8/31/17
256- 0281(H) 352- 3229(C) 962- 7256(W)
Board of Commissioners - November 17, 2014
ITEM: 11-1 -1
NEW HANOVER COUNTY LIBRARY ADVISORY BOARD (CONT.)
Revised: 9/18/2014
Board of Commissioners - November 17, 2014
ITEM: 11- 1 - 2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Harriet Smith
First 8/19/13
8/31/16
1732 Signature Place
Wilmington, NC 28405
256 -7980 (H) 704 - 560 -2245
Paul R. Smith
First 9/15/14
8/31/17
6801 Buckhurst Court
Wilmington, NC 28411
794 -7153 (H) 431 -6064 (C)
Elizabeth Stanfield
First 8/16/10
8/31/13
2910 Park Avenue
Second 8/19/13
8/31/16
Wilmington, NC 28403
762 -5151 (H) 617 -5151
Emilie F. Swearingen
Unexpired 11/18/13
8/31/15
830 Cutter Court
Kure Beach, NC 28449
458 -4430 (H) 620 -0026 (C)
Virginia Teachey, Chairman
First 8/16/10
8/31/13
8713 Champion Hills Drive
Second 8/19/13
8/31/16
Wilmington, NC 28411
681 -0320 (H) 520 -0414
Bradford L. Walker
First 8/19/13
8/31/16
306 Apollo Drive
Wilmington, NC 28405
791 -2669 (H) 620 -5508 (C) 962 -3718 (W)
Director: Harry Tuchmayer
File: /Library
New Hanover County Library
B/C #17 8/14
201 Chestnut Street
Wilmington, NC 28401
798 -6301 (Info) 798 -6309 (Adm.) 798 -6321
Revised: 9/18/2014
Board of Commissioners - November 17, 2014
ITEM: 11- 1 - 2
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ITEM: 11- 2 - 6
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Board of Commissioners - November 17, 201
ITEM: 11- 2 - 7
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ITEM: 11- 2 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: County Manager PRESENTER(S): Lisa Wurtzbacher, Finance Director and Wanda
Copley, County Attorney
CONTACT(S): Lisa Wurtzbacher and Wanda Copley
SUBJECT:
Consideration of Purchase Price for Property for Northeast Elementary School Site
BRIEF SUMMARY:
The New Hanover County Board of Education is prepared to purchase property to serve as a new elementary
school in the northeastern area of the County. At the July 21, 2014 meeting, the Board of County
Commissioners approved $782,677 for the design of this school. The construction of this new elementary
school is one of the 14 priority projects to be funded through the recently approved school bonds.
The above mentioned property is located at 202 Edgewater Club Road. The property purchase includes
approximately 17.97 acres of land that is currently not developed. A 16.8 -acre area of the property has been
appraised at $1,260,000 and the proposed purchase price of the 17.97 -acre property is $1,617,300.
A contract has been signed by the School's Superintendent to purchase the property at the above referenced
purchase price. Per North Carolina General Statute 1150- 426(f), the Board of County Commissioners must
approve the purchase price of the site, which is hereby recommended. The purchase of this property will
require the use of County funds. $1,000,000 will be funded through the Public School Special Revenue Fund
held by the County and the remaining $617,300 will be from the General Fund.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider and adopt resolution and budget amendment.
ATTACHMENTS:
Resolution
Budget Amendment 15 -026
Purchase Contract
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Approve the purchase price as negotiated by the school board and property owner.
Board of Commissioners - November 17, 2014
ITEM: 12
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 12
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
APPROVAL OF SCHOOL SITE PURCHASE PRICE
WHEREAS, the New Hanover County Board of Education ( "School Board ") has, as a part of its
school bond projects, begun planning for and designing a new elementary school in the
northeastern section of New Hanover County; and
WHEREAS, the School Board has entered into an Agreement for Purchase and Sale of Real
Property for a 17.97 -acre tract of land located at 202 Edgewater Club Road for the sum of One
Million Six Hundred Seventeen Thousand Three Hundred ($1,617,300) Dollars; and that a copy
of that contract is attached hereto; and
WHEREAS, in accordance with NCGS 115C- 426(f), no contract for the purchase of a site for
the acquisition of real property for school purposes shall be executed nor any funds expended
therefor without the approval of the board of county commissioners as to the amount to be spent
for the site; and
WHEREAS, the County desires to expend its own funds for the purpose of paying certain costs
of acquiring the property at 202 Edgewater Club Road, for which expenditures the County
reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County;
and
WHEREAS, this declaration of official intent is made pursuant to Section 1.150 -2 of the
Treasury Regulations to expressly declare the official intent of the County to reimburse itself
from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid
by the County.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners approves the purchase price for the property located at 202 Edgewater Club
Road in the amount of One Million Six Hundred Seventeen Thousand Three Hundred
($1,617,300) Dollars as required by North Carolina General Statute 115C- 426(f).
ADOPTED this the 17th day of November, 2014.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Teresa P. Elmore, Interim Clerk to the Board
Board of Commissioners - November 17, 2014
ITEM: 12- 1 - 1
AGENDA: November 17, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET
BY BUDGET AMENDMENT 15 - 026
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 15 -026 be made to the annual budget ordinance for the fiscal year ending
June 30, 2015.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Support programs to improve educational performance
Understand / act on citizen needs
Fund: General Fund
Department: Transfer to Other Funds
Expenditure:
Decrease
Increase
Transfer to Capital Project Fund
$617,300
Total
$0
$617,300
Revenue:
Decrease
Increase
Appropriated Fund Balance
$617,300
Total
$0
$617,300
Fund: New Hanover County Schools
Department: Schools
Expenditure:
Decrease
Increase
Transfer to Capital Project Fund
$1,000,000
Total
$0
51,000,000
Revenue:
Decrease
Increase
Appropriated Fund Balance
$1,000,000
Total
$0
$1,000,000
Fund: Schools Capital Project Fund
Department: Schools
Expenditure:
Decrease
Increase
Capital Project Expense
$1,617,300
Total
$0
$1,617,300
Revenue:
Decrease
Increase
Transfer in from General Fund
$617,300
Transfer in from Schools Fund
$1,000,000
Total
$0
$1,617,300
Section 2: Explanation
This budget amendment will appropriate General Fund balance in the amount of $617,300 and New Hanover
County Schools Fund balance in the amount of $1 million, to transfer to the Schools Capital Project Fund for
the purchase of the land for the Porter's Neck Elementary school.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 15 -026, amending the annual budget
Board of Commissioners - November 17, 2014
ITEM: 12- 2 - 1
ordinance for the fiscal year ending June 30, 2015, is adopted.
Adopted, this 17th day of November, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Teresa P. Elmore, Interim Clerk to the Board
Board of Commissioners - November 17, 2014
ITEM: 12- 2 - 2
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT, including any and all addenda attached hereto ("Agreement "), is by and between
NEW HANOVER COUNTY BOARD OF EDUCATION
a(n) body comorate and politic existing under the laws of the State of North Carolina ( "Buyer"), and
(individual or State of formation and type of entity)
HAR -STE INVESTMENTS LLC
a (n) North Carolina limited liability company , ('Seller"),
(individual or State of formation and type of entity)
FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN AND OTHER GOOD AND
VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
Section 1. Terms and Definitions: The terms listed below shall have the respective meaning given them as set forth adjacent to each
term.
(a) "Pro er ": (Address) 17.97 acres, fronting on West line of Edgewater Club Road, and related easement,,
as decribed on Exhibit A
Plat Reference: Lot(s) , Block or Section , as shown on Plat Book or Slide
at Page(s) County, consisting of acres.
® If this box is checked, "Property" shall mean that property described on Exhibit A attached hereto and incorporated
herewith by reference,
(For information purposes: (i) the tax parcel number of the Property is: Portion of R03700- 004 - 190 -000 ; and,
(ii) some or all of the Property, consisting of approximately 103.96 acres, is described in Deed Book 4871
Page No. 1492 New Hanover County.)
together with all buildings and improvements thereon and all fixtures and appurtenances thereto and all personal property, if any,
itemized on Exhibit A.
$ 1,617,300.00 (b) "Purchase Price" shall mean the sum of One Million Six Hundred Seventeen Thousand Three
Hundred and no, 100 Dollars
Dollars,
payable on the following terms.
$ 1,000.00 (i) "Earnest Money" shall mean of One Thousand and no /100 Dollars
or terms as follows: of Earnest money to be held by Seller and not by an Escrow Agent but shall otherwise
be treated in all respects as Earnest Money and not as a non - refundable deposit
Upon this Agreement becoming a contract in accordance with Sections 14, the Earnest Money shall be
promptly deposited in escrow with of N/A
(name of person/entity with whom deposited), to be applied as part payment of the Purchase Price of the
Property at Closing, or disbursed as agreed upon under the provisions of Section 10 herein.
❑ ANY EARNEST MONEY DEPOSITED BY BUYER IN A TRUST ACCOUNT MAY BE
PLACED IN AN INTEREST BEARING TRUST ACCOUNT, AND: (check only ONE box)
❑ ANY INTEREST EARNED THEREON SHALL BE APPLIED AS PART PAYMENT OF THE
PURCHASE PRICE OF THE PROPERTY AT CLOSING, OR DISBURSED AS AGREED UPON
UNDER THE PROVISIONS OF SECTION 10 HEREIN. (Buyer's Taxpayer Identification Number
is:
❑ ANY INTEREST EARNED THEREON SHALL BELONG TO THE ACCOUNT HOLDER IN
CONSIDERATION OF THE EXPENSES INCURRED BY MAINTAINING SUCH ACCOUNT
AND RECORDS ASSOCIATED THEREWITH.
Pagel of 8
Buyer Initi Seller Initials
NC Bar Assoc tion Form No. 580T C 1/ 2012 This standard form has been jointly approved by:
Printed by Agreement with the NC Bar Association Board of Commissioners - November 1I4off iQrohna Bar Association — NC Bar Form No. 580T
ITEM: 12- 3 - 1 North Carolina Association of Realtorse, Inc. -- Standard Form 580T
$ NIA (ii) Proceeds of a new loan in the amount of
Dollars for a term of
years, with an amortization period not to exceed _ years, at an interest rate not to exceed
per annum with mortgage loan discount points not to exceed % of the loan amount, or
such other terms as may be set forth on Exhibit B. Buyer shall pay all costs associated with any such loan.
$ NIA (iii) Delivery of a Promissory note secured by a deed of trust, said promissory note in the amount of
Dollars
being payable over a term of years, with an amortization period of years, payable in monthly
installments of principal, together with accrued interest on the outstanding principal balance at the rate
of percent ($ %) per annum in the amount of $ ,
with the first principal payment beginning on the first day of the month next succeeding the date of
Closing, or such other terms as may be set forth on Exhibit B. At any time, the promissory note may be
prepaid in whole or in part without penalty and without further interest on the amounts prepaid from the
date of such prepayment. (NOTE: In the event of Buyer's subsequent default upon a promissory note
and deed of trust given hereunder, Seller's remedies may be limited to foreclosure of the Property. If
the deed of trust given hereunder is subordinated to senior financing, the material terms of such
financing must be set forth on Exhibit B. If such senior financing is subsequently foreclosed, the
Seller may have no remedy to recover under the note.)
$ NIA (iv) Assumption of that unpaid obligation of Seller secured by a deed of trust on the Property, such
obligation having an outstanding principal balance of $
and evidenced by a note bearing interest at the rate of percent
per annum, and a current payment amount of $ The obligations of Buyer
under this Agreement are conditioned upon Buyer being able to assume the existing loan described above.
If such assumption requires the lender's approval, Buyer agrees to use its best efforts to secure such
approval and to advise Seller immediately upon receipt of the tender's decision. Approval must be granted
on or before . On or before this date, Buyer has the right to terminate this Agreement for
failure to be able to assume the loan described above by delivering to Seller written notice of termination
by the above date, time being of the essence. If Buyer delivers such notice, this Agreement shall be null
and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer
will be deemed to have waived the loan condition. Unless provided otherwise in Section 3 hereof, Buyer
shall pay all fees and costs associated with any such assumption, including any assumption fee charged by
the lender. At or before Closing, Seller shall assign to Buyer all interest of Seller in any current reserves or
escrows held by the lender, any property management company and/or Seller, including but not limited to any
tenant improvement reserves, leasing commission reserves, security deposits and operating or capital reserves
for which Seller shall be credited said amounts at Closing
$ 1,616,300.00 (v) Cash, balance of Purchase Price, at Closing in the amount of One Million Six Hundred Sixteen
Thousand Three Hundred and no /100 Dollars.
(c) "Closing" shall mean the date and time of recording of the deed. Closing shall occur on or before
November 28", 2014 or
(d) "Contract Date" means the date this Agreement has been fully executed by both Buyer and Seller.
(e) "Examination Period" shall mean the period beginning on the Contract Date and extending through
November 14 2014
TIME IS OF THE ESSENCE AS TO THE FXAMINATION PERIOD
.
( "Broker(s)" shall mean:
Page 2 of 8
( "Listing Agency "),
( "Listing Agent"— License # N/A )
Buyer
In i m Seller Initials
NC Bar As F 580T ®1/ 20
12 This standard form has been jointly approved
Printed by Agreement with the NC Bar Association Board of Commissioners - November 11,bo�l�brolina BarAssociation — NCBar Form ooN 80T
ITEM: 12- 3 - 2 North Carolina Association of Realtors$, Inc. — Standard Form 580T
Acting as: ❑ Seller's Agent; ❑ Dual Agent
and NIA
("Selling Agency "),
NIA ("Selling Agent " - License # NIA
Acting as: ❑ Buyer's Agent; ❑ Seller's (Sub)Agent; ❑ Dual Agent
(g) "Seller's Notice Address" shall be as follows.
HAR -STE Investments LLC Attn: Dean Hardison
5710 Oleander Drive Suite 200 Wilmington NC 28403
except as same may be changed pursuant to Section 12.
(h) "Buyer's Notice Address" shall be as follows:
New Hanover CoRM Board of Education Attn: Dr. Tim Markle
6401 Carolina Beach Road
Wilmington, NC 28412
except as same may be changed pursuant to Section 12.
® (i) If this block is marked, additional terms of this Agreement are set forth on Exhibit B attached hereto and
incorporated herein by reference. (Note: Under North Carolina law, real estate agents are not permitted to
draft conditions or contingencies to this Agreement.)
Section 2. Sale of Property and Payment of Purchase Price: Seller agrees to sell and Buyer agrees to buy the Property for the
Purchase Price.
Section 3. Proration of Expenses and Payment of Costs: Seller and Buyer agree that all property taxes (on a calendar year basis),
leases, rents, mortgage payments and utilities or any other assumed Iiabilities as detailed on attached Exhibit B, if any, shall be
prorated as of the date of Closing. Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's
obligations under this Agreement, excise tax (revenue stamps), any deferred or rollback taxes, and other conveyance fees or taxes
required by law, and the following:
Buyer shall pay recording costs, costs of any title search, title insurance, survey, the cost of any inspections or investigations
undertaken by Buyer under this Agreement and the following:
Each party shall pay its own attorney's fees.
Section 4. Deliveries: Seller agrees to use best efforts to deliver to Buyer as soon as reasonably possible after the Contract Date
copies of all information relating to the Property in possession of or available to Seller, including but not limited to: title insurance
policies, surveys and copies of all presently effective warranties or service contracts related to the Property. Seller authorizes (1) any
attorney presently or previously representing Seller to release and disclose any title insurance policy in such attorney's file to Buyer
and both Buyer's and Seller's agents and attorneys; and (2) the Property's title insurer or its agent to release and disclose all materials
in the Property's title insurer's (or title insurer's agent's) file to Buyer and both Buyer's and Seller's agents and attorneys. If Buyer does
not consummate the Closing for any reason other than Seller default, then Buyer shall return to Seller all materials delivered by Seller to
Buyer pursuant to this Section 4 (or Section 7, if applicable), if any, and shall, upon Seller's request, provide to Seller copies of (subject to
the ownership and copyright interests of the preparer thereof) any and all studies, reports, surveys and other information relating directly
to the Property prepared by or at the request of Buyer, its employees and agents, and shall deliver to Seller, upon the release of the Earnest
Money, copies of all of the foregoing without any warranty or representation by Buyer as to the contents, accuracy or correctness thereof,
Section 5. Evidence of Title: Seller agrees to convey fee simple marketable and insurable title to the Property free and clear of all
liens, encumbrances and defects of title other than: (a) zoning ordinances affecting the Property, (b) Leases (if applicable) and (c)
Page 3 of 8
Buyer Initials Seller Initials
NC Bar Association Form No. 580T C 1/ 2012 7 ��nn�d i This standard farm has been jointly approved by:
Printed by Agreement with the NC Bar Association Board of Commissioners - November 1Dlottii linaBarAssociation —NC Bar Form No.580T
ITEM: 12- 3 - 3 North Carolina Association of Realtors ,&, Inc. —Standard Form 580T
matters of record existing at the Contract Date that are not objected to by Buyer prior to the end of the Examination Period ("Permitted
Exceptions "); provided that Seller shall be required to satisfy, at or prior to Closing, any encumbrances that may be satisfied by the
payment of a fixed sum of money, such as deeds of trust, mortgages or statutory liens. Seller shall not enter into or record any
instrument that affects the Property (or any personal property listed on Exhibit A) after the Contract Date without the prior written
consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed.
Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly
conditioned upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions:
(a) New Loan: The Buyer must be able to obtain the loan, if any, referenced in Section 1(b)(ii). Buyer must be able to obtain
a firm commitment for this loan on or before NIA , effective through the date of Closing.
Buyer agrees to use its best efforts to secure such commitment and to advise Seller immediately upon receipt of lender's decision. On
or before the above date, Buyer has the right to terminate this Agreement for failure to obtain the loan referenced in Section I (b)(ii) by
delivering to Seller written notice of termination by the above date, time being of the essence. If Buyer delivers such notice, this
Agreement shall be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer will
be deemed to have waived the loan condition.. Notwithstanding the foregoing, after the above date, Seller may request in writing
from Buyer a copy of the commitment letter. If Buyer fails to provide Seller a copy of the commitment letter within five (5) days of
receipt of Seller's request, then Seller may terminate this Agreement by written notice to Buyer at any time thereafter, provided Seller
has not then received a copy of the commitment letter, and Buyer shall receive a return of Earnest Money.
(b) Qualification for Financing: If Buyer is to assume any indebtedness in connection with payment of the Purchase Price,
Buyer agrees to use its best efforts to qualify for the assumption. Should Buyer fail to qualify, Buyer shall notify Seller in writing
immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest Money.
(c) Title Examination: After the Contract Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the
Property before the end of the Examination Period. In the event that such title examination shall show that Seller's title is not fee
simple marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptly notify Seller in writing of all such
title defects and exceptions, in no case later than the end of the Examination Period, and Seller shall have thirty (30) days to cure said
noticed defects. If Seller does not cure the defects or objections within thirty (30) days of notice thereof, then Buyer may terminate
this Agreement and receive a return of Earnest Money (notwithstanding that the Examination Period may have expired). If Buyer is to
purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the
Property must be insurable at regular rates, subject only to standard exceptions and Permitted Exceptions.
(d) Same Condition: I£ the Property is not in substantially the same condition at Closing as of the date of the offer,
reasonable wear and tear excepted, then the Buyer may (i) terminate this Agreement and receive a return of the Earnest Money or (ii)
proceed to Closing whereupon Buyer shall be entitled to receive, in addition to the Property, any of the Seller's insurance proceeds
payable on account of the damage or destruction applicable to the Property.
(e) Infections: Buyer, its agents or representatives, at Buyer's expense and at reasonable times during normal business
hours, shall have the right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other
testing, conducting timber cruises, and surveying the Property. Buyer shall conduct all such on -site inspections, examinations, soil
boring and other testing, timber cruises and surveying of the Property in a good and workmanlike manner, shall repair any damage to
the Property caused by Buyer's entry and on -site inspections and shall conduct same in a manner that does not unreasonably interfere
with Seller's or any tenant's use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-
site inspections outside of the hours any tenant's business is open to the public and shall give prior notice to any tenants of any entry
onto any tenant's portion of the Property for the purpose of conducting inspections. Upon Seller's request, Buyer shall provide to
Seller evidence of general liability insurance. Buyer shall also have a right to review and inspect all contracts or other agreements
affecting or related directly to the Property and shall be entitled to review such books and records of Seller that relate directly to the
operation and maintenance of the Property, provided, however, that Buyer shall not disclose any information regarding this Property
(or any tenant therein) unless required by law and the same shall be regarded as confidential, to any person, except to its attorneys,
accountants, lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such
confidentiality. Buyer assumes all responsibility for the acts of itself, its agents or representatives in exercising its rights under this
Section 6(e) and agrees to indemnify and Bold Seller harmless from any damages resulting therefrom. This indemnification obligation
of Buyer shall survive the Closing or earlier termination of this Agreement. Buyer shall, at Buyer's expense, promptly repair any
damage to the Property caused by Buys entry and on -site inspections. Except as provided in Section 6(c) above, Buyer shall have
from the Contract Date through the end of the Examination Period to perform the above inspections, examinations and testing. IF
BUYER CHOOSES NOT TO PURCHASE THE PROPERTY, FOR ANY REASON OR NO REASON, AND PROVIDES
WRITTEN NOTICE TO SELLER THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN
Page 4 of 8
Buyer Init Seller Initials
NC Bar Association Form No. 580T ® l/ 2012 This standard Form has been jointly approved by:
Printed by Agreement with the NC Bar Association Board of Commissioners - November 1AnA a,�lina Bar Association— NC Bar F.. No. 580T
I TE M: 12- 3 - 4 North Carolina Association of Realtors ®, Inc. — Standard Form 580T
THIS AGREEMENT SHALL TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY.
Section 7. Leases (Check one of the following, as applicable):
® If this box is checked, Seller affirmatively represents and warrants that there are no Leases (as hereinafter defined)
affecting the Property.
❑ If this box is checked, Seller discloses that there are one or more leases affecting the Property (oral or written, recorded or
not - "Leases ") and the following provisions are hereby made a part of this Agreement.
(a) All Leases shall be itemized on: NIA;
(b) Seller shall deliver copies of any Leases to Buyer pursuant to Section 4 as if the Leases were listed therein;
(c) Seller represents and warrants that as of the Contract Date there are no current defaults (or any existing situation which,
with the passage of time, or the giving of notice, or both, or at the election of either landlord or tenant could constitute a default) either
by Seller, as landlord, or by any tenant under any Lease ( "Lease Default "). In the event there is any Lease Default as of the Contract
Date, Seller agrees to provide Buyer with a detailed description of the situation in accordance with Section 4. Seller agrees not to
commit a Lease Default as Landlord after the Contract Date, and agrees further to notify Buyer immediately in the event a Lease
Default arises or is claimed, asserted or threatened to be asserted by either Seller or a tenant under the Lease.
(d) in addition to the conditions provided in Section 6 of this Agreement, this Agreement and the rights and obligations of
the parties under this Agreement are hereby made expressly conditioned upon the assignment of Seller's interest in any Lease to Buyer
in form and content acceptable to Buyer (with tenant's written consent and acknowledgement, if required under the Lease), and Seller
agrees to use its best efforts to effect such assignment. Any assignment required under this Section 7 shall be required to be delivered
at or before Closing by Seller in addition to those deliveries required under Section 11 of this Agreement.
(e) Seller agrees to deliver an assignment of any Lease at or before Closing, with any security deposits held by Seller under
any Leases to be transferred or credited to Buyer at or before Closing. Seller also agrees to execute and deliver (and work diligently to
obtain any tenant signatures necessary for same) any estoppel certificates and subordination, nondisturbance and attornment
agreements in such form as Buyer may reasonably request.
Section 8. Environmental: Seller represents and warrants that it has no actual knowledge of the presence or disposal, except as in
accordance with applicable law, within the buildings or on the Property of hazardous or toxic waste or substances, which are defined
as those substances, materials, and wastes, including, but not limited to, those substances, materials and wastes listed in the United
States Department of Transportation Hazardous Materials Table (49 CFR Part 172.101) or by the Environmental Protection Agency as
hazardous substances (40 CFR Part 302.4) and amendments thereto, or such substances, materials and wastes, which are or become
regulated under any applicable local, state or federal law, including, without limitation, any material, waste or substance which is
(i) petroleum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous Substance pursuant to Section 311 of the
Clean Water Act of 1977 (33 U.S.C. § 1321) or listed pursuant to Section 307 of the Clean Water Act of 1977 (33 U.S.C. § 1317), (v)
defined as a hazardous waste pursuant to Section 1004 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6903) or
(vi) defined as a hazardous substance pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (42 U.S.C. §9601). Seller has no actual knowledge of any contamination of the Property from such substances as
may have been disposed of or stored on neighboring tracts.
Section 9. Risk of Loss/Damage/Repair: Until Closing, the risk of loss or damage to the Property, except as otherwise provided
herein, shall be borne by Seller. Except as to maintaining the Property in its same condition, Seller shall have no responsibility for the
repair of the Property, including any improvements, unless the parties hereto agree in writing.
Section 10. Earnest Money Disbursement: In the event that any of the conditions hereto are not satisfied, or in the event of a breach
of this Agreement by Seller, then the Earnest Money shall be returned to Buyer, but such return shall not affect any other remedies
available to Buyer for such breach. In the event this offer is accepted and Buyer breaches this Agreement, then the Earnest Money
shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. NOTE: In the event of a
dispute between Seller and Buyer over the return or forfeiture of Earnest Money held in escrow by a licensed real estate broker, the
broker is required by state law to retain said Earnest Money in its trust or escrow account until it has obtained a written release from
the parties consenting to its disposition or until disbursement is ordered by a court of competent jurisdiction, or alternatively, the party
holding the Earnest Money may deposit the disputed monies with the appropriate clerk of court in accordance with the provisions of
N.C.G.S. §93A -12.
Page 5 of 8
Buyer Initia Seller Initials
NC Bar Asso ' ion Form No. 580T C 1/ 2012 This standard form has been jointly approved by:
PrintedbyA ent with the NC Bar Association Board of Commissioners - November 17NALla, nlu, aBarAssociation— NC Bar Form No. 580T
ITEM : 12- 3 - 5 North Carolina Association of Realtors®, Inc. —Standard Form 580T
Section 11. Closing: At or before Closing, Seller shall deliver to Buyer a general warranty deed unless otherwise specified on Exhibit
B and other documents customarily executed or delivered by a seller in similar transactions, including without limitation, a bill of sale
for any personalty listed on Exhibit A, an owner's affidavit, lien waiver forms and a non - foreign status affidavit (pursuant to the
Foreign Investment in Real Property Tax Act), and Buyer shall pay to Seller the Purchase Price. At Closing, the Earnest Money shall be
applied as part of the Purchase Price. The Closing shall be conducted by Buyer's attorney or handled in such other manner as the
parties hereto may mutually agree in writing. Possession shall be delivered at Closing, unless otherwise agreed herein. The Purchase
Price and other funds to be disbursed pursuant to this Agreement shall not be disbursed until Closing has taken place.
Section 12. Notices: Unless otherwise provided herein, all notices and other communications which may be or are required to be
given or made by any party to the other in connection herewith shall be in writing and shall be deemed to have been properly given
and received on the date delivered in person or deposited in the United States mail, registered or certified, return receipt requested, to
the addresses set out in Section 1(g) as to Seller and in Section 1(h) as to Buyer, or at such other addresses as specified by written
notice delivered in accordance herewith.
Section 13. Entire Agreement: This Agreement constitutes the sole and entire agreement among the parties hereto and no
modification of this Agreement shall be binding unless in writing and signed by all parties hereto.
Section 14. Enforceability: This Agreement shall become a contract when signed by both Buyer and Seller and such signing is
communicated to both parties; it being expressly agreed that the notice described in Section 12 is not required for effective
communication for the purposes of this Section 14. This Agreement shall be binding upon and inure to the benefit of the parties, their
heirs, successors and assigns and their personal representatives.
Section 15. Adverse Information and Compliance with Laws:
(a) Seller Knowleft : Seller has no actual knowledge of (i) condemnation(s) affecting or contemplated with respect to the
Property; (ii) actions, suits or proceedings pending or threatened against the Property; (iii) changes contemplated in any applicable
laws, ordinances or restrictions affecting the Property; or (iv) governmental special assessments, either pending or confirmed, for
sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or confirmed owners' association
special assessments, except as follows (Insert "None" or the identification of any matters relating to (i) through (iv) above, if any):
Note: For purposes of this Agreement, a "confirmed" special assessment is defined as an assessment that has been approved by a
governmental agency or an owners' association for the purpose(s) stated, whether or not it is fully payable at time of closing. A
"pending" special assessment is defined as an assessment that is under formal consideration by a governing body. Seller shall pay all
owners' association assessments and all governmental assessments confirmed as of the date of Closing, if any, and Buyer shall take
title subject to all pending assessments disclosed by Seller herein, if any.
Seller represents that the regular owners' association dues, if any, are $ NIA per NIA
(b) Compliance: To Seller's actual knowledge, (i) Seller has complied with all applicable laws, ordinances, regulations,
statutes, rules and restrictions pertaining to or affecting the Property; (ii) performance of the Agreement will not result in the breach
of, constitute any default under or result in the imposition of any lien or encumbrance upon the Property under any agreement or other
instrument to which Seller is a party or by which Seller or the Property is bound; and (iii) there are no legal actions, suits or other legal
or administrative proceedings pending or threatened against the Property, and Seller is not aware of any facts which might result in
any such action, suit or other proceeding.
Section 16. Survival of Representations and Warranties: All representations, warranties, covenants and agreements made by the
parties hereto shall survive the Closing and delivery of the deed. Seller shall, at or within six (6) months after the Closing, and
without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments, and take such other
action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the Property described herein in
accordance with this Agreement.
Section 17. Applicable Law: This Agreement shall be construed under the laws of the state in which the Property is located. This
form has only been approved for use in North Carolina,
Section 18. Assignment: This Agreement is freely assignable unless otherwise expressly provided on Exhibit B.
Section 19. Tax- Deferred Exchange: In the event Buyer or Seiler desires to effect a tax - deferred exchange in connection with the
Page 6 of 8
Buyer Initia Sella Initials
NC Bar Ass ation Form No. 580T ® 1/ 2012 This standard form has been jointly approved by:
Printed by Agreement with the NC Bar Association Board of Commissioners - November 1 To rolina Bar As soeiatim— NC Bar Form No. 580T
ITEM: 12- 3 - 6 North Carolina Association of Realtors ®, Inc. — Standard Form 580T
conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however, that the exchanging
party shall be responsible for all additional costs associated with such exchange, and provided further, that a non - exchanging party
shall not assume any additional liability with respect to such tax- deferred exchange. Seller and Buyer shall execute such additional
documents, at no cost to the non - exchanging party, as shall be required to give effect to this provision.
Section 20. Memorandum of Contract: Upon request by either party, the parties hereto shall execute a memorandum of contract in
recordable form setting forth such provisions hereof (other than the Purchase Price and other sums due) as either party may wish to
incorporate. Such memorandum of contract shall contain a statement that it automatically terminates and the Property is released from
any effect thereby as of a specific date to be stated in the memorandum (which specific date shall be no later than the date of Closing).
The cost of recording such memorandum of contract shall be borne by the party requesting execution of same.
Section 21. Authority: Each signatory to this Agreement represents and warrants that he or she has full authority to sign this
Agreement and such instruments as may be necessary to effectuate any transaction contemplated by this Agreement on behalf of the
party for whom he or she signs and that his or her signature binds such party.
Section 22. Brokers: Except as expressly provided herein, Buyer and Seller agree to indemnify and hold each other harmless from
any and all claims of brokers, consultants or real estate agents by, through or under the indemnifying party for fees or commissions
arising out of the sale of the Property to Buyer. Buyer and Seller represent and warrant to each other that: (i) except as to the Brokers
designated under Section 1(f) of this Agreement, they have not employed nor engaged any brokers, consultants or real estate agents to
be involved in this transaction and (ii) that the compensation of the Brokers is established by and shall be governed by separate
agreements entered into as amongst the Brokers, the Buyer and/or the Seller.
❑ EIFS /SYNTHETIC STUCCO: If the adjacent box is checked, Seller discloses that the Property has been clad previously
(either in whole or in part) with an "exterior insulating and finishing system" commonly known as "EIFS" or "synthetic stucco ".
Seller makes no representations or warranties regarding such system and Buyer is advised to make its own independent determinations
with respect to conditions related to or occasioned by the existence of such materials at the Property.
THE NORTH CAROLINA ASSOCIATION OF REALTORS ®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION
MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN
ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE
FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU
SIGN IT.
Page 7 of 8
Buyer Initia Seller Initials
NC Bar As ' ism Form No. MOT 0 l/ 2012 This standard form has been jointly approved by:
Printed byA eement with the NC Bar Association Board of Commissioners - November 1 YioAt4rolina Bar Association —NC Bar Fo=No. 580T
ITEM: 12- 3 - 7 North Carolina Association of Realtorse, Inc. — Standard Form 580T
BUYER:
Individ 1
Date:
Date:
Business Entity
New Hanover County Board of Education
e of Enti
By:
Nam l� r• Tr.� -, t 1 a r ,kl �-�/
Title:
Date: 9-17--1
SELLER:
Individual
Date:
Date:
Business Entity
HAR -STE INVESTMENTS LLC
{N a of Entity)
By:
Name: �7 ERA F�- #:V7 —:'I> ISO
Title: I'I/t ert-- f3 fr--�
Date: 01 — I `7 •— I
The undersigned hereby acknowledges receipt of the Earnest Money set forth herein and agrees to hold said Earnest Money in
accordance with the terms hereof.
Date:
By:
Page 8 of 8
Buyer Initi s Seller Initials
NC Bar Associ bn Form No. 580T C 1/ 2012
Printed by Agreement with the NC Bar Association
(Name of Firm)
This standard form has been jointly approved by:
North Carolina Bar Association — NC Bar Form No. 580T
North Carolina Association of Realtors ®, Inc. — Standard Form 580T
Board of Commissioners - November 17, 2014
ITEM: 12- 3 - 8
Exhibit A
To
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Property Description
The Property is described as the approximate 17.97 acre tract as shown on the map attached to this
Exhibit A entitled "Waterstone School Site Exhibit Map" prepared by Atlantic Coast Survey, PLLC, and
in the metes and bounds description also attached to this Exhibit A prepared by Atlantic Coast Survey,
PLLC and the related easement as described below, excepting therefrom and being reserved by Seller: (i)
a 60 foot wide perpetual and nonexclusive easement for ingress, egress and regress upon in the area
shaded in yellow and identified as "60' ROAD RIG14T OF WAY" on the Map as defined in Section 5 of
Exhibit B to the Agreement together with all weather and temporary construction and maintenance access
thereto over the said approximate 17.97 acre tract and (ii) a 40 foot wide perpetual and non - exclusive
easement for utilities in the area shaded in grey and identified as "40' UTILTY EASEMENT" on the Map
defined in Section 5 of Exhibit B of the Agreement together with all weather and temporary construction
and maintenance access thereto over the said approximate 17.97 acre tract.
The related easement to be conveyed by Seller to Buyer at Closing is a perpetual, nonexclusive easement
benefiting the aforementioned 17.97 acre tract and burdening the approximate 103.96 acre tract owned by
Seller referred to in Section 1 of the Agreement, for drainage and drainage lines, above and below ground,
including the Buyer's right to operate, use and maintain such drainage lines in the area shaded in light
blue and identified as "NONEXCLUSIVE DRAINAGE EASEMENT" on the Map as defined in Section
5 of Exhibit B to the Agreement, together with all weather construction and maintenance access thereto
over the said 103.96 acre tract. Such drainage easement shall be of sufficient width to accommodate
Buyer's reasonable drainage needs for the said 17.96 acre tract for use as an Elementary School and
related improvements. In the event said area shaded in light blue on said Map is not of sufficient width to
reasonably accommodate Buyer's reasonable drainage needs, the width of the drainage easement shall be
increased accordingly.
Board of Commissioners - November 17, 2014
ITEM: 12- 3 - 9
`}MIS MAP IS NOT ACERTEFE-0 SURVEY ANpWNOTWEN � 10
IEM EY A LOCAL GUVEFA'1R�ET AGENCY FoR C LiI�A[CE y41 (E6t}
WR ANYAPPLICAMLANDOMOPmENTREewTtC w
(ilp LA
L
'4 TRACT SIRE 0.
RAR ACRES '
(7&=2 SO. FT.)
LOW �1
w Pc:YT
MW
0) PE(5w) roc M t!aww '[ �
(M) PART G- WOW (�
(FW) Pair OF MrJORUOr
GaERAL WM y
1. 949S OF KMW FV Ms VAP ARE R4$0 ON NAM (MI)
T. ALL GSrAN= ARE M -KMTAL Get D MrANM MAiMW
OTiIERR SE 11 SLI
.x !HEMS ARE us 4MkriCY IEET Meh$ESS Mumm MDR: �
& M S WWr MWMW AND XW PWA90 AW 0907T Q' A y
MU REPLr7L AiS WVWy Stg_M, to ANY FAM AW &Sft& M
I RM IMAY K MMM BY A AAL tlC3 ACC6011E l?RC SEARM}t � 1�
An a=- is OE w-re m or ww w:c PWM4 Im ARGv -AHY
APPEARS m 9E Ms1 ]W AV VM RDO WAM ZD:X'rr M � GRAPHIC SCALE
MM ROW IMS1AR &TE RATE 'W XW MMi W AW J7,7aT1;M
OWCMWENNfJ .1 SM . 1 2@II 0 100 X00
r• r1Z1 ffi$'a"1 L7l*s eo;ll w vu31K1t xxo rD w., ANY
A PAAW WA" PMM —
A MAP & ABC FONDKES (PER REW NNIM C4 tay REGri7RY,b 8.a ( IN Flwr ?
PA" 14v$ (AND OiY[&�lPSW^DmT' I�Ay gLrr SHG.7f QN . W) 1 inch a 800 ff.. 0=4
y A i E: w7 i O� Y E /�TL.hNT�C i'i17A[T �4AV[Y �l�e
"SCHOOL SITS" EXNtfxfT MAP
h~ Th-Sp i(w Mawr crw:y Net, care.. w Re ;•_ , .�+rs,n. eo ee.oa
Board of Commissioners - November 17, 2014
ITEM: 12- 3 - 10
Atlantic Coast Survey, PLLC
Professional Land Surveyors PO Box 12588
(910) 292 -4889 Wilmington, NC 28405
PROPERTY DFSCRTTION: (FUTURE SCHOO SITE, t'+ILPi tt�670,+I NORTH CAROLINA)
COMMENCING AT AN EXISTING CONCRETE N ONLME "'T (EC:0 (POC) LYING AT THE INTERSECTION OF
SALTCEDAR DRIVE, A 45' ;'UBLIC R'GHT-OF-V AY, AND a UNNA JEO 50' PJ& IC RIGHT -OF -WAY, AS S;-IOV'!4
ON THE RECORD PLAT FOR EDGEWATER TRACE PHASE 1 AND 3. SAID PLAT 3&G RECORDED IN MAP
BOOR 55, PAGE 322 OF Tt-E NEW HANOVER COUN'" -' REGISTRY. THE'4CF LFAVING SAID MONUMENT
NOR-4 44' 58' 59'' WEST A DISTANCE OF 162.31 FEET 70 A EX,STING CONCRETE MON XENT ,ECKI:
LOCATED AT THE COMWON UNE OF SAID PROPERTY AND HAR STE INMTST >- ;.FNTS LLC (DB A871, PG :f92).
THENCE ALONG SAID COMMON LINE NOM H 42'53'10" EAST 178.15 FEET -O A POINT. SAID POINT BE'NG
THE "RUE POIN" OF 9EG!%NING (POB);
THENCE A NEW 90J`*A.BY L'NE LEAVI, %G SAID POIA F NORTH 42'48'42 ' O EST 375.14 FEET TO A POINT
(MP).
THEP'CE NORTH 0t IZ17" EA5" 251.13 1 EET TO A POIN- (WP'.,
THENCE NORTH 11'0-4•'28" WEST 177.20 FFET TO A POINT (P=PJ.
'. HENCE NORTH 22'46'19' WEST 413.51 FEET. TO A POINT (P -; aj LOCATED AT THE COl4`NIG 4 JME OF SM0
HAR S- E',NVFS TMENTS (138 4871, PG .492) AND ESMA GREENE *;:CCLANIN -Y HPS (3B ,218, PG 3711.
THENCE NORTV 67'3('1£' EAST 217.49 FEE" TO AN EkSTING 'RON ?#PE (EIP)
' HE'4CE NORTH 46'31 W 'LAST 318.89 FEET TO AN EX'S TING IRON ROD (E:9) LOCATED AT THE CON'R',ON
CORNER OF SAID ESMA GREENE ::IPCCLAMMY I-,PS (DB 1218 PG 371) AND 7HE SOt1T (WEST CORNER OF
RICHARD .ALLEN VOORE SDB 3379, PG 719;.
T..4ENC_ ALONG, SA,D CO,^ `rv,ON VNE NORTH 70 °ZZ'15' EAST 205.41 FEE1 TO A EXIST'NG 1 8074 ROD CDR)
ALSO XCATF7 IN TXE WESTERN RIGH'' -OF -L' AY OF EDGEWATER CLJB RO,,%D S.R. 111-:02) A 0. FOOT
PUBLIC RIGHT-OF-WAY.
THE :rCE ALONG $4 D RIGHT -OF -WAY SOUTE ;,9'58'3.' EAST 950.05 FEE 7'JC1 A DIS T JRBED t „� (t:P- DIST;,
THENCE LEAVING S.•,ID RIGJ -r-CF \VAY SOJTN 41 °53'00” V.'EST752.33 FEETTO'rHE TRUE POI'4TOF
SECI'MNIG (POD).
THE ABOVE DrSCR'PED PARCEL !AS SL;RVEVZD) COP,: AIMS 17.97 ACRES (f,00RI OR LtSS7.
Board of Commissioners - November 17, 2014
ITEM: 12- 3 - 11
Exhibit B
To
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
Additional Terms
Section 1. Buyer's Contingencies.
(a) The Buyer's obligation to purchase the Property pursuant to this Agreement is contingent
upon the performance by Seller of all of its covenants, agreements and conditions required to be
performed, observed and complied with by the Seller under the Agreement prior to, or as of, the Closing
Date, all or any of which may be waived by the Buyer. Buyer's obligations are also contingent upon each
of the following, all or any of which may be waived by the Buyer, having occurred prior to and being true
as of the Closing:
(i) The Buyer obtaining on or before expiration of the Buyer's Examination Period
all subdivision approvals, which in the sole exercise of Buyer's judgment are
required as a prerequisite to the development of the Property as intended by
Buyer;
(ii) The Buyer obtaining on or before the expiration of the Buyer's Examination
Period such soil tests, wetlands, geological, engineering, architectural, structural,
and environmental studies of the Property as in the sole exercise of Buyer's
judgment are necessary to determine if there are any soil, topographical or other
physical conditions in or about the Property which would render its use or
development for Buyer's intended use uneconomical, and the Buyer, in the
Buyer's sole discretion, being satisfied that no such conditions exist;
(iii) At the time of Closing, there shall be no taking or other condemnation
contemplated, pending or threatened against any portion of the Property;
(iv) At the time of Closing, there shall be no pending, threatened or contemplated
claims, suits, judgments, actions or proceedings affecting any portion of the
Property or its intended development and use by Buyer as contemplated by this
Agreement;
(v) At the time of Closing, the Property shall (A) not be within an extra hazard flood
plain or floodway; (B) be in compliance with or exempt from all requirements of
the Federal Flood Insurance Act of 1968, as amended; (C) be in compliance and
not in violation of any Federal, State or local environmental laws or regulations;
and (D) not have any "hazardous substance" or "hazardous materials" or "toxic
materials" (as such terms are defined in any Federal, State or local law, rule or
regulation) stored on or under or located within the Property;
(vi) Survey of the Property satisfactory to Buyer and in recordable form, approved by
Seller in writing executed by the Seller, and executed by Seller as Owner, and by
the appropriate County or Municipal Planning Department Review Officer, and
having all County or Municipal approvals required for recording;
(vii) Appropriation and availability of funds for purchase and the approval of the
purchase price and this Agreement by the New Hanover County Board of
Commissioners;
(viii) Approval by the New Hanover County Board of Education of the Agreement to
which this is an Exhibit.
Page 1 of 8
Buyer ini is Seller initials
Board of Commissioners - November 17, 2014
Exhibit B to Agreement For Purchase and Sale of Real Property ITEM: 12- 3 - 12
(b) If the Buyer shall determine in the exercise of Buyer's sole judgment that any one or
more of the contingencies provided for in Section 1(a) of this Exhibit B which by its terms is not
contemplated by the parties to occur after Closing will not be fulfilled prior to Closing, the Buyer shall
have the right by written notice to Seller to terminate this Agreement at any time before Closing. If such
notice is given, this Agreement shall become null and void and have no further force or effect at law or in
equity with the exception of matters surviving the expiration or termination of this Agreement. In such
event, the Seller (or if applicable, Escrow Agent) shall promptly refund the Earnest Money to the Buyer,
together with any interest earned thereon.
Section 2. Seller's and Buyer's Representations and Warranties.
Seller and Buyer respectively hereby make the following representations. Such representations
also shall be deemed made as of the Closing and shall survive the Closing, delivery of the Deed, and any
termination of this Agreement.
(a) Buyer represents to Seller the following:
(i) Except for this Agreement, Buyer has entered into no other purchase or
commission agreement with any third party with respect to the Property.
(ii) Neither the execution and delivery of this Agreement, nor the consummation of
the transaction contemplated by this Agreement will result (either immediately or after the
passage of time and/or the giving of notice) in breach or default by Buyer under any agreement to
which Buyer is a party or by which Buyer may be bound or which would have an effect upon
Buyer's ability to fully perform its obligations under this Agreement.
(iii) In the event this transaction does not close for any reason, Buyer shall
immediately return to Seller the Property Information provided to Buyer or any of Buyer's
representatives by Seller.
(b) Seller represents to Buyer the following:
(i) Except for this Agreement, Seller has entered into no other purchase or
commission agreement with any third party with respect to the Property. Seller and all persons
acting for and on behalf of Seller have the full right, power, and authority to execute, deliver, and
perform this Agreement without obtaining any consents or approvals from, or the taking of any
other actions with respect to, any third parties. This Agreement, when executed and delivered by
Seller and Buyer, will constitute the valid and binding Agreement of Seller.
(ii) There are no parties, other than Seller, in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers. There is no right of first refusal, or
option to purchase in any third party and there are no recorded or unrecorded leases, operating
agreements, tenancies or other possessory rights applicable to or affecting the Property that will
exist at Closing. Seller shall not enter into any agreement affecting the Property from and after
the Execution Date through the Closing.
(iii) Seller owns and shall own at the date of the Closing a marketable and insurable
fee simple title to the Property, subject only to the Acceptable Encumbrances.
(iv) There shall be at Closing no unpaid bills for labor performed or materials
supplied incident to the Property. There are no taxes, charges or assessments of any nature or
Page 2 of 8
Buyer Initia Seller Initials
Boaard of Commissioners - November 17, 2014
Exhib_t B to ent For Purchase and Sale ofReai Property ITEM: 12- 3 - 13
description that would constitute a lien against the Property that will be unpaid at the date of
Closing other than ad valorem taxes for the current year now due and payable.
(v) There is no pending or threatened litigation, investigation, claim, assessment or
proceeding which affects or which might affect the Property or Seller's ability to perform
hereunder. Seller has received no summons, complaint, or other written notice of, nor does it have
any knowledge of, any pending or threatened litigation or administrative proceedings that could
adversely affect title to the Property, or any part thereof, or the ability of Seller to perform any of its
obligations hereunder, including any condemnation of all or any portion of the Property by any
Governmental Authority (as defined below). If notice, or knowledge of same, becomes available to
Seller during the term of this Agreement, Seller shall immediately notify Buyer in writing.
(vi) Neither the entering into this Agreement, nor the Closing will constitute a
violation or breach by Seller of (A) any contract, agreement, understanding or instrument to
which it is a party or by which Seller or the Property is subject or bound; (B) any judgment,
order, writ, injunction or decree issued against or imposed upon Seller or the Property; or (C) any
applicable law, order, rule or regulation of any Governmental (or quasi - governmental) Authority
(as defined below).
(vii) Seller has complied with all applicable laws, ordinances, regulations, and
restrictions relating to the Property.
(viii) Seller has received no written notice of, nor does it have any knowledge of, any
assessment affecting the Property or any part thereof, or any such proceeding or assessment
contemplated by any Governmental Authority. As used herein, the term "Governmental Authority"
shall mean the United States, the State of North Carolina, the County of New Hanover, the City of
Wilmington, any local municipality, and any agency, department, commission, board, bureau,
political subdivision, or instrumentality of any of them. If notice, or knowledge of same, becomes
available to Seller during the term of this Agreement, Seller shall immediately notify Buyer in
writing.
(ix) The Property has legal access to a public road that has been accepted for
maintenance by a Governmental Authority. There is no pending or threatened governmental
proceeding or any other fact or condition that would limit or result in termination of such access.
(x) Environmental.
(A) To Seller's actual knowledge, the Property and its existing and prior uses
comply and have at all times complied with, and Seller is not in violation of, and has not
violated, in connection with the ownership, use, maintenance or operation of the Property
and the conduct of the business related thereto, all applicable Federal, State, county or local
statutes, laws, regulations, rules, ordinances, codes, licenses and permits of all Governmental
Authorities regulating, relating to, or imposing liability or standards of conduct concerning
any petroleum, petroleum byproduct, asbestos, polychlorinated biphenyls, natural or
synthetic gas or any waste, substance or material defined as "hazardous" or "toxic" in, or
regulated by, applicable Environmental Laws (as defined below) or listed as "hazardous" or
"toxic" by the United States Environmental Protection Agency, the North Carolina
Department of Environment and Natural Resources or any successor agency (collectively
hereinafter referred to as "Hazardous Material "). "Environmental Laws" means any
applicable current or future Federal, State or local governmental law, regulation, ordinance,
order or requirement pertaining to environmental, health or safety matters.
(B) Without limiting the generality of the foregoing, to the Seller's knowledge,
the Seller and any previous owner of the Property have (i) operated the Property and have at
all times received, handled, used, stored, treated, shipped and disposed of any Hazardous
Page 3 of 8
Buyer lnit =als Veement Seller Initials
Board of Commissioners - November 17, 2014
Exhibit B to For Purchase and Sale of Real Property ITEM: 12- 3 - 14
Material in strict compliance with all applicable Environmental Laws; and (ii) removed (or
will remove prior to the Closing) from and off the Property any Hazardous Material.
(C) To Seller's knowledge, there are no violations of any Environmental Laws
requiring any work, repairs, construction or capital expenditures with respect to the Property,
and Seller has no knowledge, nor has Seller received any notice of any of the same.
(D) To Seller's knowledge, no Hazardous Material has been released into the
environment, or deposited, discharged, placed or disposed of at, on or near the Property, nor
has the Property been used at any time by any person or entity as a landfill or a waste
disposal site.
(E) No warning notice, notice of violation, administrative complaint, judicial
complaint or other formal or informal notice has been received by Seller from any public
agency or other party as to any violation or suspected violation by Seller of
Environmental Laws, nor is Seller aware of any such notices or complaints. Seller knows
of no fact or circumstance that may give rise to any future civil, criminal or administrative
proceedings against it relating to environmental, health or safety matters.
(F) There are no monitoring wells on the Property for monitoring hazardous
leachate or other Hazardous Material, underground storage tanks, grave sites or cemeteries,
wetlands or endangered species that would materially interfere with, or materially increase
the cost of, Buyer's proposed use and/or improvements upon the Land.
(G) The septic tanks, cesspools and leaching fields, if any, located on the
Property are wholly contained within the boundaries of the Properly and are permitted,
certified, approved and/or licensed, as the case may be, to the fullest extent required by any
Governmental Authority.
(IT) To Seller's knowledge, there is no evidence of PCB contamination from
any power transformer, capacitor or any other source on the Property. There is no asbestos
containing material ( "ACM ") or presumed ACM located on the Property. To Seller's
knowledge, there is no other form of environmental contamination of the Property.
(xi) Performance of this Agreement will not result in any breach of, or constitute any
default under, or result in any imposition of any lien or encumbrance upon the Property under any
agreement or other instrument to which Seller is a party or by which Seller or the Property is bound.
(xii) No permission, approval, determination, consent or waiver by and no declaration,
filing or registration with any Governmental Authority is required in connection with the
execution, delivery, and performance of this Agreement by Seller.
(c) Seller shall defend, indemnify and hold Buyer, and the Buyer's board members, directors,
officers, employees, shareholders, contractors and agents harmless from and against any and all liabilities,
losses, claims, penalties, and damages (including, without limitation, lost revenue, consequential
damages, interest, penalties, fines and monetary sanctions, costs, reasonable attorneys' fees and expenses,
court costs and any other out -of- pocket expenses) suffered by Buyer by reason of, resulting from, or in
connection with, or arising in any manner whatsoever out of the breach of Seller's warranties or covenants
in this Agreement or the inaccuracy of any representation of the Seller contained herein. Seller's
indemnity hereunder shall survive the Closing, delivery of the Deed, and any termination of this
Agreement.
Section 3. Survey Obli ations of Parties Prior To Closin .
Seller shall, at Seller's expense, conduct surveys of the Property and all easements described
herein, and Buyer agrees to cooperate with Seller, Seller's surveyor, Seller's engineer, Cape Fear Public
Utility Authority, the New Hanover County Planning Department and the North Carolina Department of
Pago 4 0£ 8
Buyer initi Seller Initials
o�� of ommissioners - November 17, 2014
Exhibit B t ent For Purchase and Sale of ea roP ITEM: 12- 3 - 15
Transportation in the review, comment upon, and approval of such surveys, to facilitate completion prior
to Closing, in recordable form, of: (i) survey of the Property satisfactory to Buyer and approved by the
New Hanover County Planning Department, by which the Property is subdivided from the 103.96 acre
tract of which it is a part; and (ii) survey of the Access Easement Area and Utility Easement Area (both
as defined in Section 5 below), and the drainage easement described in Exhibit A to the Agreement, all
satisfactory to Buyer, and approved by the New Hanover County Planning Department and North
Carolina Department of Transportation, if required. Seller may include the entire 103.96 acre tract in the
survey. Buyer shall reimburse Seller at Closing the portion of the cost of the survey, engineering, and
mapping work described in this Section 3, pertaining to the Property and the Access Easement Area and
Utility Easement Area. If the Closing does not occur, Buyer shall have no obligation to reimburse Seller
under this Section 3.
Section 4. Assignment.
Buyer and Seller have each relied upon the capabilities of the other in the formation of this
Agreement, and this Agreement shall not be assigned by either party without the express written
agreement of the other party, provided only that the Buyer may assign this Agreement to the New
Hanover County, a body corporate and politic, without consent of Seller.
Section 5. Utility Agreement.
Seller agrees to use commercially reasonable efforts to negotiate and fully execute an agreement
( "Utility Agreement") with the Cape Fear Public Utility Authority ( "CFPUA ") and New Hanover County
in accordance with the terms contained in this Section 5 prior to December 31st, 2014. The Utility
Agreement shall provide: (i) that CFPUA shall construct a regional sewer pump station, force main and
gravity sewer extensions in substantial compliance with the plan provided by the CFPUA titled
Edgewater Club Road Sewer Planning, dated June 13t', 2014, a copy of which is attached hereto as
Schedule 1 to Exhibit B (hereafter the "Regional Lift Station "), (ii) that Buyer receive a
reservation/allocation of sewer from the Regional Lift Station, adequate for Buyer's intended use of the
Property for a elementary school and related facilities, (iii) that Buyer or New Hanover County shall pay
the pro-rata cost of the construction of the Regional Lift Station attributable to the Buyer's sewer
reservation/allocation, based on Buyer's use in gallons per day as a percentage of the total sewer capacity
of the Regional Lift Station, as approved by the CFPUA, (iv) that Seller receive a reservation/allocation
of sewer from the Regional Lift Station, adequate for Seller's intended use of its property to be served by
the Regional Lift Station, (v) that Seller shall pay the pro -rata cost of the construction of the Regional Lift
Station attributable to the Seller's sewer reservation/allocation, based on Seller's estimated intended use
in gallons per day as a percentage of the total sewer capacity of the Regional Lift Station, and (vi) that the
Regional Lift Station must be completed and operational no later than January l't, 2017. In the event that
the Utility Agreement is executed, Buyer shall grant utility easements to the CFPUA on the Property
reasonably necessary or related to the construction and operation of the Regional Lift Station, located in
the Utility Easement Area (as defined below). In the event that the Utility Agreement is executed, Seller
shall grant utility easements to the CFPUA on Seller's remaining property necessary or related to the
construction and operation of the Regional Lift Station, located in the areas identified in the Utility
Agreement. In the event that the Utility Agreement is not fully executed by the Seller, the CFPUA and
New Hanover County prior to December 31St, 2014, both the Seller and Buyer acknowledge and agree
that the Buyer is not obligated in any way to participate in any further efforts to construct a regional lift
station and the Buyer will move forward with plans and construction of alternative sewer service to the
Property; provided that prior to constructing its alternative sewer service, Buyer shall use commercially
reasonable efforts to negotiate and enter into an agreement with Seller and the CFPUA whereby Buyer
would be required to construct its alternative sewer infrastructure on the Property (including within the
Access Easement Area and Utility Easement Area) in a manner consistent with the CFPUA's plan for the
Regional Lift Station and providing for a sharing of the cost of such sewer infrastructure constructed on
the Property (including within the Access Easement Area and Utility Easement Area) whereby the Buyer
and Seller shall ultimately be responsible only for their respective pro rata shares of such costs based on
Page 5 of S
Buyer Initials Seller Initials ._
Board of Commissioners - November 17, 2014
Exhibit B to Agreement For Purchase and Sale of Real Property ITEM: 12- 3 - 16
the percentage of their reservations /allocations of sewer capacity as a percentages of the total sewer
capacity of the CFPUA's planned Regional Lift Station, and the CFPUA shall ultimately be responsible
for the remaining costs of such sewer infrastructure constructed on the Property (including within the
Access Easement Area and Utility Easement Area). This Agreement is not contingent on the fulfillment
of any of the provisions of this Section 5; however, in the event that the Utility Agreement is executed
prior to the Closing, the obligations of Buyer and Seller as specified in this Section 5 shall survive the
Closing and in the event a Utility Agreement is not executed prior to the Closing, Buyer's obligation as
stated in this Section 5 to use commercially reasonable efforts to negotiate and enter into an agreement
with Seller and the CFPUA shall survive the Closing.
Notwithstanding anything in the Agreement or this Exhibit B to the contrary:
(a) Buyer shall construct an access drive to NCDOT specifications in the area shaded
in yellow and identified as "60' ROAD RIGHT OF WAY" on the map attached
hereto (" Access Easement Area ") and entitled "PRELIMINARY SEWER PLAN
EDGEWATER CLUB ROAD REGIONAL SEWER PUMP STATION" prepared
by Thomas & Hutton and dated September 2, 2014 (the "Map "). It is the
intention of the parties to this Agreement that Buyer shall dedicate the Access
Easement Area to NCDOT. Until such time as the Buyer has dedicated the
Access Easement Area to NCDOT, Seller and any occupant of Seller's Retained
Property shall be entitled to an easement for ingress, egress and regress upon the
Access Easement Area. Buyer and Seller shall use commercially reasonable and
good faith efforts to agree upon an access easement agreement ( "Access
Easement Agreement ") on or prior to the expiration of the Examination Period.
As used in this subparagraph (a), the Seller's Retained Property is the portion of
the approximate 103.96 acre tract owned by Seller referred to in Section 1 of the
Agreement to which this Exhibit B is attached.
(b) Buyer and Seller shall use commercially reasonable and good faith efforts to enter
into an easement for the installation, operation, use and maintenance of certain
utilities ( "Utility Easement Agreement ") within the area shaded in gray and
identified as "40' UTILITY EASEMENT" on the Map attached hereto at ( "Utility
Easement Area'). Such Utility Easement Agreement shall include, but not be
limited to, the installation of certain utility lines and all weather access thereto in
the event some other all weather access is not available.
(c) Buyer and Seller shall use commercially reasonable and good faith efforts to enter
into an easement for the installation, operation, use and maintenance of certain
drainage lines ( "Drainage Easement ") in the area shaded in light blue and
identified as "NON EXCLUSIVE DRAINAGE EASEMENT" on the Map
attached hereto.
(d) Upon the expiration of the Examination Period, Buyer and Seller shall
memorialize any agreement reached of the form of the Access Easement
Agreement, Utility Easement Agreement and Drainage Easement Agreement
(collectively, the Easement Agreements) in writing and such Easement
Agreements shall be delivered and recorded at Closing.
Page 6 of 8
Buyer Ini ' Seller Initials
Board of Commissioners - November 17, 2014
Fxhih_t B to Agreement For Purchase and Sale of Real Property ITEM: 12- 3 - 17
New Hanover County Board of Education HAR -STE INVESTMENTS, LLC
(N e of Entity) (Name of Entity)
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Page 7 of 8
Buyer Initials Seller Initials
Board of Commissioners - November 17, 2014
Exhibit B to Agreement For Purchase and Sale of Real Property ITEM: 12- 3 - 18
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: Finance PRESENTER(S): Brenda "Ben" Brow, Senior Resource Center
Manager
CONTACT(S): Brenda "Ben" Brow
SUBJECT:
Public Hearing and Consideration of Approval to Submit Application for 5310 Enhanced Mobility of
Seniors and Individuals with Disabilities Program Funds in the Amount of 5175,000
BRIEF SUMMARY:
The Public Transportation Division of the N.C. Department of Transportation is soliciting applications for
U.S. Department of Transportation Federal Transit Administrative funds available through the Section 5310
Enhanced Mobility of Seniors and Individuals with Disabilities Program for FY15 -16. The Senior Resource
Center requests approval to submit an application in the amount of $175,000. The grant would be used to
provide transportation for seniors (age 65 and older) and disabled clients whose special needs make it
difficult/impossible to use standard public transportation. The Board must hold a public hearing to provide
the opportunity for public input regarding the project and submittal of the application for funding. If awarded
the grant requires a 10% County match in the amount of $17,500, which will be submitted with the FY15 -16
recommended budget and does not require a new appropriation.
The Senior Resource Center will be completing a two -year 5310 grant of $250,000 for Fiscal Year 2014
through Fiscal Year 2015 in June of this year. This request is for a one -year grant for continuation of a
service we currently provide.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct public hearing and approve request to submit application for 5310 Enhanced Mobility of Seniors
and Individuals with Disabilities Program Funds in the Amount of $175,000. Grant authorization to execute
appropriate certifications and assurances for the application and acceptance of the grant if awarded.
ATTACHMENTS:
Script
Application
Resolution
Local Share Certification
Public Hearing Record
Board of Commissioners - November 17, 2014
ITEM: 13
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing. Recommend approval.
COMMISSIONERS' ACTIONS:
Conducted public hearing. Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 13
SCRIPT FOR AGENDA ITEM
November 17, 2014
Chairman White:
The New Hanover County Senior Resource Center has prepared an application
to submit to the N.C. Department of Transportation for funds available from U.S.
Department of Transportation through the Section 5310 Enhanced Mobility of Seniors
and Individuals with Disabilities Program for FY15 -16. The application amount is
$175,000. If awarded, the funds will be used to provide transportation for seniors (age
65 and older) and disabled clients whose special needs make it difficult or impossible to
use standard public transportation. Today, we are holding a public hearing to allow
public comment on the proposed application.
Is there a motion to open the public hearing?
MOTION:
SECOND:
VOTE:
Is there anyone from the public that wishes to speak on the validity of the
application for Section 5310 Enhanced Mobility of Seniors and Individuals with
Disabilities Program Funds in the amount of $175,000?
[Receives Public Comments]
Is there a motion to close the public hearing?
MOTION:
SECOND:
VOTE:
Chairman White:
Is there a motion to adopt the resolution to submit the application for Section
5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program Funds in
Page 1 of 2
Board of Commissioners - November 17, 2014
ITEM: 13- 1 - 1
the amount of $175,000, provide the required local match, make the necessary
assurances and certifications and be empowered to enter into an agreement with the
NC Department of Transportation to provide public transportation services?
MOTION:
SECOND:
VOTE:
Page 2 of 2
Board of Commissioners - November 17, 2014
ITEM: 13- 1 - 2
PUBLIC TRANSPORTATION 5310 PROGRAM RESOLUTION
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Status and the Governor of North Carolina have
designated the North Carolina Department of Transportation ( NCDOT) as the agency responsible for administering federal
and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of
Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide
assistance for public transportation projects; and
WHEREAS, the purpose of the Section 5310 program is to enhance mobility for seniors and individuals with disabilities
throughout the country, by removing barriers to transportation services and expanding the transportation mobility options
available. Toward this goal, FTA provides financial assistance for transportation services planned, designed, and carried out
to meet the special transportation needs of seniors and individuals with disabilities in all area.
WHEREAS, NCDOT has been designated as the State agency with principle authority and responsibility for administering
the Section 5310 Program for small urbanized and rural areas; and
WHEREAS, (Legal Name of Applicant) New Hanover County hereby assures and certifies that it will comply with the
federal and state statutes, regulations, executive orders, and all small administrative requirements related to the applications
made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18,
U.S.C.
NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* Chairman of (Name of Applicant's Governing
Body) New Hanover County Board of County Commissioners is hereby authorized to submit a grant for federal and state
funding, provide the required local match, make the necessary assurances and certifications and be empowered to enter into
an agreement with the NCDOT to provide public transportation services.
I ( Certifying Official's Name) (Certifying Official's Title)* Interim Clerk to the Board
do hereby certify that the above is true and correct copy of an excerpt from the minutes of a meeting of the (Name of
Applicant's Governing Board) New Hanover County Board of Commissioners duly held on the 17th day of November,
2014.
Signature of Certifying Official
Note that the authorized official, certifying official, and notary
should be three separate individuals.
Seal Subscribed and sworn to me (date)
Notary Public Signature
Printed Name and Address
My commission expires (date)
Affix Notary Seal Here
Board of Commissioners - November 17, 2014
ITEM: 13- 3 - 1
Date
public
Local Share Certification for Funding
(This form is required for EACH separate funding request)
New Hanover County
(Legal Name of Applicant)
Local matching funds will be required for all application submittals. For projects requiring operating funds, the
required local match is 50 percent of net operating expenses. For projects requiring capital funds, the required local
match is 10 percent of the net cost of the project, subject to the availability of state funds. Applicants should be
prepared to incur a 20 percent local match in case state funds are not available.
The local match must be provided from sources other than federal Department of Transportation funds. Guidance
is provided in the 5310 Overview about eligible sources of matching funds. Applicants are responsible for
verifying the eligibility of non -USDOT federal funds the applicant proposes to use as their local match.
Net
Project
Cost
Capital $ 175,000
(Vehicles & Other)
Operating 1 $
TOTAL 1 $ 175,000
Requested Funding Amounts
Local Share
$17,500 (10 %)
$ (50% of net)
17,500
Local Source(s)
1. $6,000 Transportation Escrow
2. 11,500 ROAP Grant
3
1.
2.
3.
17,500
I, the undersigned representing (Legal Name of Applicant) New Hanover County do hereby certify to the North
Carolina Department of Transportation, that the required local funds will be available as of July 1, 2015.
Signature of Authorized Official
Avril Pinder, Assistant County Manager
Type Name and Title of Authorized Official
Date
Board of Commissioners - November 17, 2014
ITEM: 13- 4 - 1
Important - A public hearing MUST be conducted whether or not requested by the Public.
PUBLIC HEARING RECORD
Public Hearing Notice was published on this date: 11/9/14
APPLICANT: New Hanover County
DATE: 11/17/14
PLACE: Assembly Room, 24 North Third Street, Room 301, Wilmington, NC
TIME: 9:00 a.m.
How many of the Board Members or Commissioners attended the
public hearing?
How many members of the PUBLIC attended the public hearing?
I, the undersigned, representing (Legal Name of Applicant) New Hanover County do hereby
certify to the North Carolina Department of Transportation that a Public Hearing was held as
indicated above and:
During the Public Hearing
Section 5310 Program
❑ (NO public comments)
❑ (Public Comments were made and meeting minutes will
be submitted after board approval)
The estimated date for board approval of meeting minutes is:
Signature of Clerk /Secretary to the Board
Printed Name and Title
Date
Board of Commissioners - November 17, 2014
ITEM: 13- 5 - 1
Affix Seal
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: Fire Services PRESENTER(S): Kent Greene, Emergency Services Consulting
International
CONTACT(S): Donnie Hall, Fire Chief
SUBJECT:
Executive Summary Presentation of Fire Consolidation Feasibility Study
BRIEF SUMMARY:
In February 2013, the Board of County Commissioners directed the County to explore ways we could partner
with the City of Wilmington. Officials met to discuss potential areas of cooperative services and Fire was
one of the more favorable services to proceed with. In May of 2013, a recommendation was made by the
Chiefs of each Fire Department to engage Emergency Services Consulting International to study and report
on the feasibility of consolidating the two agencies.
Once a Scope of Work was agreed upon, the consultant (ESCI) began the process of updating the current
conditions from previous evaluations on each jurisdiction's fire department. In February 2014 the ESCI
Team visited NHC and Wilmington Fire Departments for three days to collect data, hold meetings with
stakeholders and interview city and county officials.
On October 6, 2014 a report draft was supplied that highlighted three areas of collaborative and or
cooperative efforts for the city and county. The three areas were Functional Consolidation (prevention,
training or maintenance), Operational Consolidation (major component of service provided by an agreement)
and Legal Unification (full merger). The executive summary is attached. On October 29, 2014 two separate
Public Input Meetings were held to allow the citizens opportunity to comment on the findings and
recommendations provided in the report.
Employee involvement was also considered as a part of the data imperative to the success of any efforts to be
more efficient. Employee surveys were sent to all city and county employees of the fire department. Out of
391 survey invitations 155 employees and volunteers completed the survey, which is a 40% participation
rate.
The City of Wilmington Council will be hearing this presentation on Tuesday November 18 during their
regular council meeting. To provide direction for moving forward, we request permission to host a joint
meeting of the County Commissioners and City Council to conduct a Vision Session regarding the
recommendations during the first quarter of 2015 calendar year.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• Keep the public informed on important information
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners - November 17, 2014
ITEM: 14
Accept report and make recommendation to host a joint meeting of city council and commissioners
to conduct a vision session for moving forward in first quarter 2015.
ATTACHMENTS:
Consolidation Study Executive Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Accept report and direct staff.
COMMISSIONERS' ACTIONS:
Accepted report and directed to staff to move forward by a vote of 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 14
Executive Summary
Emergency Services Consulting International (ESCI) was engaged by New Hanover County and the City of
Wilmington, NC to conduct an update to previous evaluations done on each jurisdiction's fire
department and to provide them with feasibility options for future collaborative and cooperative
efforts. This report serves as the culmination of those updates and options analyses and begins with a
review of each department's populations, demographics, infrastructure and resources, followed by an
analysis of service delivery components including demand, distribution, concentration, reliability and
response performance.
ESCI has worked with each community several times over the last 15 years providing agency evaluations
and cooperative efforts feasibility analysis as follows:
1998 — Cooperative Efforts Feasibility Study (New Hanover County)
2006 — Fire Department Assessment (Wilmington Fire Department)
2009 — Cooperative Efforts Feasibility Study (New Hanover County)
As a result of these studies, in part, each agency has progressed and addressed many of the issues
addressed within each individual project. Fire service in New Hanover County has been transformed
from a fragmented system where multiple private not - for - profit fire departments worked in concert
with New Hanover County Fire Services (NHCFR) to a single provider, county operated system that is
fully integrated in providing services to the unincorporated areas of the county. Wilmington Fire
Department (WFD) has, through a process of administrative and organizational changes, worked to
replace outdated facilities and equipment and improve the overall level of service being provided to the
citizens of the City of Wilmington.
The departments in recent years have opened the lines of communications and are now working more
cooperatively than ever before. One such example is providing a closest unit response along
jurisdictional boundaries so that overall service levels improve to all citizens regardless of where they
live. Both departments should be commended for this approach to cooperative efforts while
maintaining independence and individual identity. The body of this document serves as a
comprehensive review and update of each organization and begins with an evaluation of governance,
organizational design, and budget, funding, fees, and taxation.
New Hanover County Fire Rescue (NHCFR) serves the unincorporated areas of New Hanover County as a
combination career /volunteer all- hazards emergency services provider. The department serves a
population of approximately 88,832 in an area of approximately 138.7 square miles resulting in an
overall population density of 669 persons per square mile. Wilmington Fire Department (WFD) serves
the City of Wilmington, NC as a fully career all- hazards emergency services provider. The department
serves a population of 109,922 in an area of 52.8 square miles resulting in a population density of 2,082
persons per square mile. As the largest city in New Hanover County, the city serves as the hub of
commerce, which generates an additional 27,811 in population during daytime hours due to commuter
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 1
traffic. In addition, it is assumed that the general population increases dramatically during the summer
months.
The primary governance difference between the two organizations is that WFD is a general fund
department within the governmental structure of the City of Wilmington while NHCFR (operating as a
department within New Hanover County government) is funded by a special fire tax district applied to
the unincorporated areas. Although organized in different manners, each department has a clear unity
of command and are organized with clear operating divisions with assigned program managers. Each fire
chief's span of control is limited through delegation of responsibilities to other chief officers.
The combined budget of the two departments equals $27,196,640, resulting in a per capita cost of
$136.84 compared to the North Carolina and National averages of $90.89 and $135.60 respectively. A
majority of each department's budgets is comprised of personnel costs; 60.8 percent for NHCFR and
87.6 percent for WFD, with the remaining budget dedicated to operating expenses and capital.
NHCFR operates from eight strategically located stations distributed throughout the unincorporated
area of the county plus an administrative office space in the New Hanover County Government Center
that houses, administration, training and fire prevention. WFD operates from 11 stations disturbed
throughout the City of Wilmington with administrative and support functions collocated within the
headquarters station. Although the city owns all of its stations, NHCFR only owns four of its facilities.
While the intent of the current study was not provide an additional in depth review of the facilities it
should be noted that since the last visit in 2009 and with the consolidation of the NHCFR system it is of
merit to review the current distribution of stations in regards to population density, travel times and
potential development. New Hanover County was successful in obtaining use agreements for the
existing facilities for service delivery post consolidation, however a review of the physical structures for
location, long term sustainability and basic amenities for being considered an efficient facility to provide
service from should be included with any recommendations derived from this report.
Each department also operates a fleet of specialized emergency apparatus including engines /pumpers,
aerial /ladders, heavy rescues, tanker /tenders, brush /wildland units, and other ancillary vehicles. In total,
the system contains 23 engines, two aerial /ladders (plus three quint apparatus that can function either
as an engine or an aerial ladder), two rescues, three tanker /tenders, and 37 other vehicles. WFD is in the
process of transitioning their quints to 'truck' companies that will be capable of rescue in support of the
department's heavy rescue unit located at Station 2. Both departments also maintain formal capital
replacement plans that are funded through a variety of methods including general fund budget
requests, bonds, or installment financing.
From a staffing perspective, ESCI reviews personnel from two perspectives: Administrative /Support and
Operational. The two departments have a combined total of 45 administrative and support personnel
(16 within NHCFR and 29 within WFD). Operationally, the departments have a total of 291 uniformed
personnel (102 within NHCFR and 189 within WFD). In addition to these career personnel, NHCFR also
has a small cadre of part -time paid personnel (37) and 22 volunteers that were retained from the
previous volunteer fire departments throughout the area. On a per capita basis, NHCFR's operations
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 2
complement calculates to 1.09, compared to the regional and national medians of 1.58 and 1.28
respectively. WFD's per capita operations complement calculates to 1.69, compared to the regional and
national medians of 1.43 and 1.34 respectively. The median benchmarks are different for each agency
based on the different populations served by each department.
How these personnel are deployed across each department's network of stations varies based on
apparatus staffing patterns. WFD is currently in a transition to bring all apparatus staffing to a minimum
of four personnel while NHCFR varies staffing levels based on apparatus type. Each station houses an
engine as the primary response vehicle but most also house additional apparatus that can be used based
on the specific incident type. For example, if the dispatched incident is wildland in nature, brush vehicles
or tenders may respond rather than the primary engine. Similarly, if the incident is in a rural area, a
tender may respond in addition to the primary apparatus or in place of an aerial ladder. Staffing will vary
for these specific apparatus on how many personnel are available and the type of incident dispatched.
NHCFR should consider additional staffing to certain stations in which tender are assigned. As indicated
earlier in this section, the tenders are cross - staffed with crews that are assigned to rescue or engine
companies. In essence, when fires are dispatched in areas lacking fire hydrants, some primary apparatus
may be removed from service to ensure that tenders are able to respond in a timely manner. While
staffing each tender may not be practical, consideration should be given to staff strategic tender
locations.
ESCI also reviewed personnel management components of policies and handbooks, compensation
systems and rank structure, disciplinary processes, application and recruitment processes, testing,
measurement, and promotional processes, and health and wellness programs. Many of these elements
are similar between the organizations and recommendations are made to improvements to these areas
where appropriate.
The next section of the report focuses on service delivery and performance of each agency with specific
attention given to service demand, distribution, concentration, reliability and response time
measurement. In regards to service demand, over the three year period, NHCFR has increased 6.0
percent while WFD increased approximately 9.6 percent. This trend is expected to continue. A majority
of both agencies' service demand over the past three years is medical responses. This is common for
departments that are active participants within their local emergency medical services system. Service
demand was reviewed temporally; by month, by day of week and by hour of day. Although a slight
increase in service demand was noticed during the summer months, an almost identical increase was
noted during the months of November, December and January. No identifiable trend was present based
on the day of week analysis but hour of day displayed an expected increase in service demand between
6:00 a.m. and 7:00 a.m., peaking during the mid - afternoon hours and then declining into the evening.
Service demand was also evaluated geographically to determine where the highest levels of service
demand were occurring and to ensure that station /resource distribution is sufficient to respond to the
highest level of demand. As expected, the highest density of demand occurs in the core of the City of
Wilmington with moderate levels of demand extending to the south of the city. The same is true when
evaluating service demand by incident type.
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 3
Distribution analysis was completed for each agency to determine the amount of historic service
demand could be reached within established response performance objectives and in comparison to
industry standards. The analysis indicates that, for NHCFR, only a small area immediately surrounding
each station can be reached within four minutes of travel time. A significantly higher percentage of
service demand can be reached within 10 and 14- minutes of travel as represented by travel model maps
within the body of the report. This indicates that NHCFR should establish response time models based
on population zones that include recommended criteria for urban, suburban, and rural density levels.
Given the distribution of WFD facilities, a majority of the city can be reached within four minutes of
travel.
Concentration is an analysis of the department's ability to assemble an adequate amount of resources,
personnel and /or apparatus, within a sufficient amount of time to effectively mitigate specific incidents,
particularly structure fires. While NHCFR's effective response force capabilities appear to be limited to
the areas just to the north of the City of Wilmington, these are some of the areas of highest population
and structure density. For WFD, with the exception of areas in proximity to WFD Stations 8, 9, 10 and
15, the department's deployment is sufficient to meet the modeled apparatus concentration. Given the
fact that WFD uses quint apparatus in some stations, the concentration analysis was conducted again
considering the aerial capability of those apparatus. Since quints can be used as either an engine or an
aerial depending on the location and type of incident combined with whether or not that apparatus is
first in on a structure fire, concentration analysis was completed in a different manner, which showed an
overall improvement in concentration capability.
The workload on emergency response units can be a factor in response time performance. The busier a
given unit, the less available it is for the next emergency. If a response unit is unavailable, then a unit
from a more distant station (or mutual aid department) must respond, increasing overall response time.
A cushion of surplus response capacity above average values must be maintained due to less frequent
but very critical times, when atypical demand patterns appear in the system. Multiple medical calls and
multi - casualty events are examples.
One way to evaluate resource workload is to examine the frequency at which multiple calls occur within
the same time frame on the same day. ESCI examined the calls during the last full year to find the
frequency that each department is handling multiple calls within any time frame. Multiple calls occurring
at one time can stretch available resources and extend response times. As in most communities, the
majority of calls throughout the NHCFR and WFD primary response (not including mutual aid) areas
occur singularly. However, as communities grow and age, the propensity for concurrent calls increases.
When call concurrency reaches a level to which it stretches resources to near capacity, response times
begin to extend. Although medical calls will cause drawdown as concurrency increases, they usually
occupy only one unit at a time. Multi- casualty incidents (such as motor vehicle accidents) may need
additional ambulances and create periods of extensive resource drawdown in an area, as is the case
with involved fire and /or rescue incidents. Based on the reliability analysis, each department responds
to a majority of incidents singularly with a second simultaneous incident occurring 20.6 percent and 28.9
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 4
percent for NHCFR and WFD respectively. Given the resources within each organization, the current
level of reliability should be of little concern.
When discussing emergency services organizations, the primary issue of question is response
performance. Response performance analysis evaluates how quickly an organization responds to an
incident and is more commonly known as response time. The response time continuum, the time
between when the caller dials 9 -1 -1 and when assistance arrives, is comprised of several components:
• Processing Time — The amount of time between when a dispatcher answers the 9 -1 -1 call and
resources are dispatched.
• Turnout Time — The amount of time between when units are notified of the incident and when
they are en route.
• Travel Time — The amount of time the responding unit actually spends on the road to the
incident.
• Response Time — A combination of turnout time and travel time and generally accepted as the
most measurable element.
For this analysis, ESCI was most interested in the ability to respond the appropriate resources to the
highest percentage of incidents. For this reason, ESCI analyzed National Fire Incident Reporting System
( NFIRS) data and generated average, 801h and 90th percentile response performance for emergency
incidents only. In addition, while NFIRS data does not require the recording of call pick -up versus
dispatch time (producing call processing time) or the en route time (producing turnout time), computer
aided dispatch data for the same period was also evaluated to extract this information. Although
presented together, the performance of each agency should be viewed individually since each agency
adheres to their own independent response performance objectives. The analysis begins with an
evaluation of call processing performance as provided below. The average is provided for illustration
purposes only.
NHCFR WFD
Average 0:02:18 0:01:58
90th Percentile 0:03:44 0:03:31
95th Percentile 0:04:53 0:04:52
Turnout is the time it takes personnel to receive the dispatch information, move to the appropriate
apparatus and proceed to the incident. NFPA 1710 provides for two different turnout time performance
objectives in this regard; 60 seconds for medical responses and 80 seconds for fire responses; allowing
personnel additional time to don personal protective equipment; both measured at the 901h percentile.
The following figure summarizes turnout time performance both study agencies.
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 5
NHCFR WFD
Average 0:01:17 0:01:06
80th Percentile 0:01:40 0:01:26
90th Percentile 0:02:03 0:01:48
When measured at the 90th percentile, the departments fall outside the published performance
objective. Although the established objectives are relatively aggressive, both departments are
performing at a level comparable to other agencies ESCI has worked with. The next performance
objective is that of travel time.
NHCFR WFD
Average 0:04:30 0:03:17
80th Percentile 0:05:55 0:04:07
90th Percentile 0:07:09 0:05:17
NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency
Medical Operations, and Special Operations to the Public by Career Fire Departments includes a
performance objective of 240 seconds or less travel time for the arrival of the first arriving engine
company in urban areas serviced by career fire departments. Based on the CAD data provided, WFD is
just over a minute longer in travel time that recommended by NFPA 1710.
NFPA 1720 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency
Medical Operations, and Special Operations to the Public by Volunteer or Combination Fire Departments
recommends a response performance objective of nine minutes or less when measured at the 90th
percentile in urban areas, 10 minutes or less in suburban areas, and 14 minutes or less in rural areas
served by volunteer or combination fire departments. NFPA 1710 does not differentiate between the
various population densities and assumes that all areas served by career or mostly career fire
departments will adhere to a single performance objective. The following figure summarizes each
department's travel time performance during calendar year 2013 as recorded within the CAD system.
NHCFR WFD
Average 0:05:35 0:04:22
80th Percentile 0:07:10 0:05:33
90th Percentile 0:08:28 0:06:31
When considering the large geographical area of coverage, particularly in the unincorporated portions, it
appears that the total response performance for each study area is excellent; however that comparison
is based on different criteria within NFPA 1710 and 1720 and is a bit misleading. It is not feasible to
compare the entire unincorporated county to the measurements identified in NFPA 1710, which is
specific for career departments nor is it a true reflection of performance to simply use NFPA 1720 in its
entirety to measure NHCFR's performance. As ESCI has analyzed the data and method of operation
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 6
within NHCFR, it is more apparent that a closer alignment toward response zones based on density
would reflect a more realistic measurement due to the wide range of density classes served.
The next section of the report focuses on the support services provided within each department
including preventive maintenance and repair, training programs, logistical support services, and fire and
life safety services. These activities provide the basis for community risk reduction, preventive
maintenance, planning and development, employee training and education, career development,
logistical support, public safety education, fire prevention, and code enforcement. Potential efficiencies
of each of these areas are addressed within each subsection where appropriate and additional
information regarding future cooperative efforts in these areas are discussed later in the report.
While the preceding portions of this executive summary provide a brief overview of the evaluation and
update of the current conditions within each organization, the remaining report components, and this
executive summary, focus on future cooperative efforts between the study agencies. This section begins
with a general review of the various types of strategies that are available to the decision makers
including: functional consolidation, operational consolidation, and legal unification.
Functional Consolidation
Public entities usually have broad authority under law to enter intergovernmental agreements (IGAs) for
the purpose of cost and service efficiency. North Carolina is no different in this regard. The laws of the
State of North Carolina address the issue, allowing intergovernmental contracts for any lawfully
authorized governmental function.
Examples of this type of cooperative effort may include any function within the study departments that
allows them to deliver services, such as maintenance, training, fire prevention, equipment purchasing,
logistics, etc. Through functional consolidations, each agency benefits from the resources of the whole
while maintaining independence as separate organizations. Many times, functional consolidations serve
as a prelude to a further future collaborative initiatives including legal unification and merger.
The following strategies are those that may be implemented as separate, stand - alone, agencies, absent
legal merger and they may be viewed as a pre- cursor to future, more formal consolidation and /or
merger initiatives.
• Enhanced Use of Mutual and Automatic Aid
• Pre - Incident Planning
• Administrative and Support Services
• Shared Health and Safety Programs
• Apparatus and Equipment Purchasing
• Regionalized Training Opportunities
• Regionalized Fire Prevention and Public Education
• Regional Apparatus and Equipment Maintenance Program
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 7
Each of these opportunities are explained in detail within the body of the report and are considered
feasible for future cooperative effort.
Operational Consolidation
This strategy joins two or more entities, in their entirety, through the execution of an intergovernmental
agreement (IGA). The resulting organization features a single organizational structure and chain of
command. Depending on the form of the agreement(s) establishing the organization, members may
remain with the original agency, transfer to one of the other agencies, or transfer to an entirely new
organization.
Unlike functional consolidation, an operational consolidation brings the actual operations of the
separate organizations together into a single department that provides services to one or more
communities but does not create a new legal entity. The organizational structure, command, and
operational model will depend upon the structure and format of the agreements established between
the agencies. Like functional consolidations, operational consolidations are sometimes considered an
intermediate step leading to a full merger. The main advantage of the strategy offers governing bodies
the ability to negotiate and monitor desirable outcomes for the management of a particular service. This
gives a higher level of comfort in going forward with the decision to unify fire service across a
geographical region. The following paragraphs review potential operational consolidation efforts that
ESCI believe to be feasible for the study agencies.
Status Quo
Any discussion of potential feasible operational consolidation options would be remiss if it did not
consider continuation of the current model. In this study area, the current model of providing services
independently, while not at optimal efficiency, is a viable option for future service delivery.
The current relationships between the fire departments in New Hanover County and the City of
Wilmington have evolved to where they are today and the result has been positive. The current model is
a feasible option moving forward and should not be discounted. Service delivery and performance falls
within acceptable limits and major problems are not found in the study area overall. However, the
question is whether it can be done even better — the subject of the following analysis.
Operationally Consolidated Fire and Emergency Services Delivery
As discussed previously, the governance of a combined organization can take on several forms and in an
operational consolidation, typically organizations come together to form a single service provider while
maintaining independent control of funding.
The term 'Fire District' in North Carolina can take on more than one meaning. For the purposes of this
discussion, the term Joint Powers Agreement (JPA) is more appropriate in terms of governance. A Fire
District per se, will be discussed in the next section.
Joint Powers Agreements (JPAs) are not uncommon in North Carolina and can serve as a valuable tool.
State statutes authorize two or more governmental entities to collaborate in exercising any power
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 8
common to the jurisdictions and to provide a joint board representing the participating entities and
overseeing administrative and management matters.
The advantage of a JPA in this instance is that each entity maintains autonomy regarding taxation and
each retains the ability to withdraw from the agreement in the future, given proper notice. As is
currently the practice in the study area, each participating entity would levy a tax in its own way (NHCFR
through the special district and WFD through the general fund) and then contribute to the operations of
the JPA as outlined in the enabling documents. No legislative approval is required for this type of
agreement and the intergovernmental agreements created would define how the JPA was governed as
well as how each participant is represented.
While the fact that each entity maintains its autonomy can be considered advantageous, it may also be
viewed as a drawback. Remaining as separate entities under a JPA, so that a participant can withdraw,
lacks a long -term dedicated commitment to the JPA, making future planning and visioning more
challenging.
In most situations where two or more governmental organizations enter into a shared services
agreement through a JPA, the governing board consists of representatives from the participating
agencies. Under the assumption that at least one representative from each participating jurisdiction
serve on the board of a newly created JPA, in this study area, the board would consist of five members,
each with an equal vote. Given the fact that previous efforts at combining resources and /or capabilities
between the city and the county have been contentious, it is ESCI's recommendation that two members
from each entity be appointed to the governing body and fifth member be appointed from one of the
beach communities as an uninvolved neutral party.
Many governing bodies find it difficult to reach consensus on a majority of issues when the membership
of the board surpasses five to seven members. This is not to say that larger boards cannot be productive
but rather to urge that smaller boards are more efficient at dealing with public safety issues. In the case
of the study region, ESCI recommends a board of no more than seven individuals with representation
based on a similar weighting as mentioned above. Prior to discussing alternative assessments, fees, or
other increases to the current revenue stream, the governing boards of the participating agencies
should clearly define the level of community emergency service in measurable terms. For example, the
boards should specify the service (fire protection), the quantity (a fire engine and three firefighters), the
quality (within six minutes of dispatch), and the accuracy (80 percent of the time). Once service is
defined in specific and measurable terms, the tasks of determining cost and the consideration of funding
alternatives become more focused.
Legal Unification
Under certain circumstances in law, fire departments can join into a single entity. This formal approach
unites not only the programs but also the organizations themselves. State laws addressing political
subdivisions usually detail a process for legal unification.
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 9
Typically, state laws draw a distinction between words like annexation, merger, and consolidation when
speaking of legal unification. Organizationally, however, the outcome of any such legal process results in
one unified organization. The primary differences between the legal strategies relate to governance and
taxation issues. In many states, some process of inclusion exists that essentially involves the annexation
of one entity into another, preserving the governing body and taxing authority of the surviving agency. A
legal merger, on the other hand, usually entails the complete dissolution of two or more agencies with
the concurrent formation of a single new entity (and governing body) in place of the former.
Section 153A -233 of the NCGS authorizes a county to establish and maintain a county fire department.
Given the costs of doing so, most counties do not opt for this model but rather contract with one or
more entities. New Hanover County is one of only a few county fire departments in North Carolina. As
such, the county established a special service district to fund the fire services in the unincorporated
areas of New Hanover County. Since the consolidation of all fire protection services in unincorporated
New Hanover County, the county has operational control over all aspects of those services outside the
City of Wilmington and the beach communities.
Under state law, a county service district (like the existing fire service district) cannot include territory
lying within the corporate limits of a city unless the governing body of the city agrees by resolution to
include. In other words, if the city were to move forward with the county as a unified county fire
department, the city would adopt a resolution effectively relinquishing its control of fire protection to
the county. Conversely, the county could govern the special district and fund with a single tax applied to
all property within the district (including the city) and then contract with the city to provide services to
the entire service district.
The ideal or optimum model for governance in a legal unification is an independent taxing district that
serves as a quasi - governmental entity, is governed by elected representatives from the community or
communities served, and have the authority to levy taxes as set by the governing board. Statutory
allowances to accommodate various forms of merger and consolidation are limited in North Carolina law
and to achieve some forms of unification, legislative action may be necessary to provide the authority to
do so. Currently, independent fire districts are not address within the general statutes.
Because ESCI often finds that study agencies are reluctant to relinquish control of their respective fire
departments to a full consolidation, the intent of this project is to evaluate potential opportunities and
to provide information to policymakers with which they can make informed and successful decisions
regarding the future of fire protection and emergency services within their respective communities.
In order to build estimates of what a future consolidated department may cost, ESCI first had to make
certain assumptions.
1. The operational service delivery model would remain constant or improve.
2. The service delivery performance objectives would remain constant or be improved.
3. Administrative and support services would be consolidated into a single facility (some code
enforcement functions are already co- located at the New Hanover County government center).
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 10
4. The organization would only require one fire chief.
5. All administrative and support position titles would be merged (to be determined by the
governing body of the organization prior to implementation).
6. Operational ranks and titles would be merged (to be determined by the governing body of the
organization prior to implementation).
7. Methods of funding will be determined by the governing bodies and the final governance model
chosen.
To build a base from which to estimate future costs, ESCI developed a sample staffing strategy that the
project team feels accomplishes the goals of the consolidated organization and maintains critical
functions while improving efficiency and reducing cost.
The following figure illustrates that example but should NOT be considered as the final structure of the
consolidation organization. This sample is for base estimating purposes only.
Position
NHCFR
WFD
Proposed Description
Fire Chief
1
1
1
Deputy Chief
0
2
2 Operations, Administration and Support
Assistant /Division Chief
3
0
4 Safety, Fire & Life Safety, Training, Logistics
Battalion Chief
1
5
0
Inspector (All Ranks)
3
5
8
Training Officer (All Ranks)
2
4
6
Firefighter
0
4
0
Educator
.5
1.5
2
Garage Supervisor
0
1
1
Mechanic
0
2
3
Hydrant Tech.
1.5
0
2
Logistics Staff
1
1
2
Analyst
1
2
2
Clerical
2
4.5
6
Total
16
33
39
The example administrative and support complement as outline above eliminates several positions that,
through consolidation, could be considered redundant and increases other positions where appropriate.
The consolidated system would have a single fire chief to oversee the department, two deputy chiefs
dedicated to operations and administration, four assistant /division chiefs overseeing safety, fire and life
safety programs, training, and logistics. Eight inspectors including both current captain and firefighter
ranks, six training officers that would work under the assistant /division chief of training, and two
educators would work under the deputy chief of fire and life safety and be responsible for public
education activities. A maintenance supervisor would oversee three mechanics responsible for all
departmental fleet and equipment repairs and periodic maintenance. Two logistics staff would report to
the assistant /division chief of logistics and work to ensure that each station is supplied as necessary.
Two data analysts will continually work to ensure that accurate data is available to the department for
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 11
quality assurance and improvement purposes and six clerical staff will support each of the division heads
and the fire chief.
It should be understood that some, or all, of the potential savings from the creation of a single
organization would come through attrition rather than being realized immediately. From an operational
perspective, the future deployment model reallocates some resources based on a consolidated system
as outlined in the following figure.
Based on the example apparatus deployment above, the second engine at Station 1 is moved to become
a truck at Station 18. Also, given the assumed erasure of district boundaries, the geographic area and
the community risk, only one rescue would be deployed centrally and all ladder companies would be
equipped with rescue equipment. Deployment of personnel across the ranks would follow the example
below.
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 12
Engine
Truck
Rescue Command Safety
Total Staffing
— per Shift
Total
Staffing
Station 1
2
1
1
13
39
Station 2
1
1
8
24
Station 3
1
4
12
Station 4
1
1
5
15
Station 5
1
1
8
24
Station 6
1
4
12
Station 7
1
1
8
24
Station 8
1
1
1
9
27
Station 9
1
4
12
Station 10
1
1
5
15
Station 11
1
4
12
Station 12
1
4
12
Station 13
1
4
12
Station 14
1
4
12
Station 15
1
4
12
Station 16
1
4
12
Station 17
1
1
1
9
27
Station 18
1
1
8
24
Station 19
1
4
12
Total Apparatus
20
6
1 3 1
113
339
Based on the example apparatus deployment above, the second engine at Station 1 is moved to become
a truck at Station 18. Also, given the assumed erasure of district boundaries, the geographic area and
the community risk, only one rescue would be deployed centrally and all ladder companies would be
equipped with rescue equipment. Deployment of personnel across the ranks would follow the example
below.
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 12
Position NHCFR WFD Total Proposed
Division Chief
0
0
0
3 M
Battalion Chief
3
6
9
9
Captain /Lieutenant
27
48
75
81 ,
Apparatus Operator /Engineer
49
0
49
81
Master Firefighter
0
45
45
0 ,
Safety
0
3
3
3
Firefighter
18
90
108
162 ,
Total
97
192
289
339
The example staff distribution by rank also redeploys several positions as was done with apparatus. One
division chief will be assigned to each shift to serve as the overall organization command officer 24-
hours /day and three battalion chiefs will be assigned to each shift (north, central, and south). Each
engine company is assigned one captain, one engineer /apparatus operator and two firefighters. This is a
departure from current staffing practices where, in some cases, only three personnel are assigned to an
engine. This increase in staffing is in line with WFD's recently approved reconfiguration of resources and
will make all units consistent throughout the overall response area. All truck and rescue companies are
staffed with four personnel comprised of a lieutenant, engineer /apparatus operator, and two
firefighters.
The example personnel distribution is based on filled positions and does not consider benefit leave or
other vacancies. In order to generate an FTE estimate, ESCI uses a factor of 1.2 to estimate the total
number of personnel necessary to maintain staffing levels and accommodate benefit leave and
absences. Considering this factor, the total FTE requirement is estimated at 393 operational personnel.
This represents an overall increase in total personnel FTEs of 48. This does not take into account the
proposed reduction in administrative and support personnel by 10 positions. This would translate into
an overall increase in personnel expenditures but the improvement in service delivery should outweigh
that cost. The following figure is a proposed organizational chart for the combined organization.
The remainder of the full report provides guidance to elected and appointed officials regarding
establishing an implementation committee and specific working groups to tackle the specifics of the
cooperative effort. This process should begin by conducting a vision session with policy makers to
determine how, or if, the two organizations should proceed. This does not mean that consolidation is a
foregone conclusion but, rather, provides a forum for the policymakers to direct staff to provide
additional information and have working groups come back to the larger committee with details as to
how implementation will occur. This process should result in the preparation of an implementation
planning document that can be shared with the policy body, stakeholders, and others who will be
involved in or affected by the implementation process. The document should provide the joint vision,
describe the cooperative service strategy or strategies being pursued, the desired outcome, the goals
that must be met in order for implementation to be achieved and the individual objectives, tasks, and
timelines for accomplishment.
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 13
Over the past several years, NHCFR and WFD have enjoyed an increased atmosphere of coordination
and cooperation. This includes consistent standard operating guidelines, enhanced mutual and
automatic aid response, closest unit response regardless of jurisdiction, etc. Moving in the direction of a
more cohesive and consolidated organization is the next logical step. While full consolidation of the
organizations into a single entity may be politically or culturally charged, the operations and service
delivery to the communities will only improve. Policymakers should take advantage of the current level
of cooperation between the two organizations and seriously consider how to better serve the
communities as a whole through further cooperative efforts. Any of the identified strategies are
considered to be feasible and only political will can determine how far to expand and what strategies to
implement. However, it is the opinion of ESCI that bringing these two departments together to form a
single entity is in the best interest of both the City of Wilmington and New Hanover County. Efficiencies
of scale and an overall improvement in service delivery will be the result, which will directly impact the
citizens throughout both communities. Below is a partial list of advantages and disadvantages of a
combined organization.
Advantages
• Economies of scale can be realized through the larger organization.
• Service delivery will be improved across the entire county, including the City of Wilmington.
• Future potential to bring in other partners such as the beach communities.
• More consistent and coordinated emergency response.
• Greater efficiency in the administrative and support elements.
• Increased staffing to the unincorporated areas and increased ability to assemble resources
quickly.
Disadvantages
• Funding of the combined organization may be difficult to determine at the outset but future
strategies could produce a lower cost to the consumer.
• Potential for increased cost up front but the potential for greater efficiencies in the future
through attrition.
• Loss of control and /or oversight by one or both of the current government entities.
This should serve as only a partial list but, in ESCI's opinion, the advantages of a combined fire
protection and emergency services system that covers all of the unincorporated areas of New Hanover
County as well as the City of Wilmington far outweigh the disadvantages. The discussion surrounding
this issue has taken place for many years and now is the time to move forward. It should be understood,
however, that making the decision to move forward does not bind either organization to consolidation.
Moving forward simply means deciding to evaluate the potential further by creating the implementation
committee and working groups to evaluate the details of the shared service opportunities. This process
should not be rushed nor should any foregone conclusions by assumed. Involvement by all levels of both
organizations will be critical in the success of the process.
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 14
ESCI began collecting data and information for this project in February 2014 and the review, evaluation,
and analysis of that data necessary to complete this document has taken nearly three months. It is the
project team's sincere hope that the information contained within this report is found to be useful in
allowing policymakers to make an educated decision about the future provision of fire protection and
emergency services delivery to their respective communities.
Board of Commissioners - November 17, 2014
ITEM: 14- 1 - 15
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: Engineering PRESENTER(S): Layton Bedsole, Shore Protection Coordinator
CONTACT(S): Jim Iannucci, County Engineer and Layton Bedsole
SUBJECT:
Consideration of Carolina Beach Inlet Maintenance Dredging, 4th Quarter 2015
BRIEF SUMMARY:
In FY15, NHC budgeted $170K for maintenance dredging with additional monetary support from Carolina
and Kure Beach approximately $25K and $5K respectively. This budgeted amount does not meet the US
Army Corps of Engineers ( USACE) estimates of a minimal level of maintenance to retain an acceptable inlet
footprint.
In an effort to move towards the USACE recommendation, staff has contacted the USACE and requested a
potential budget estimate to employ the USACE hopper dredge plant "Currituck" in a dual effort with the
sidecast dredge plant "Merritt ". The effort's intent would be to gain full project dimensions at [8' ( +2') in
depth and 150' in width]. This spring 2015 event would potentially allow for full project dimensions moving
into the inlet's seasonal usage.
The USACE has estimated the dual dredge plant effort at $273,000 above the $170K originally budgeted.
Staff would request the navigation budget for CB inlet maintenance be increased and cost shared evenly
between the County and the NC Division of Water Resources with each paying $136,500.
County staff, with the approval of the Board of County Commissioners, will request from the Tourism
Development Authority (TDA) the use of District U 2nd 3% funds for this dredging event in the amount of
$136,500. This project would qualify for use of these funds based on the recently approved Memorandum of
Understanding and the guidelines approved on the consent agenda agreed to by the TDA Board and the
Board of County Commissioners.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends the Board approve the budget amendment to appropriate funds through attached Budget
Amendment 15 -028 to complete the dredging from April 2015 through June 2015.
ATTACHMENTS:
USACE Cost Estimate
Budget Amendment 15 -028
Board of Commissioners - November 17, 2014
ITEM: 15
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 15
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Board of Commissioners - November 17, 2014
ITEM: 15- 1 - 1
AGENDA: November 17, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET
BY BUDGET AMENDMENT 15 - 028
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 15 -028 be made to the annual budget ordinance for the fiscal year ending
June 30, 2015.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Enhance / add recreational, cultural and enrichment amenities
Innovate programs to protect the environment
Fund: General Fund
Department: Engineering
Expenditure:
Decrease
Increase
Inlet Maintenance
$136,500
Total
$0
$136,500
Revenue:
Decrease
Increase
TDA District U 2nd 3%
$136,500
Total
$0
$136,500
Section 2: Explanation
The estimated cost of the dual dredge plant effort at Carolina Beach Inlet is $273,000. This cost will be shared
with the NC Division of Water Resources, with each paying $136,500. If the Board approves, County staff
will request the use of District U 2nd 3% funds from the Tourism Development Authority (TDA) for the
County's portion of the dredging.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 15 -028, amending the annual budget
ordinance for the fiscal year ending June 30, 2015, is adopted.
Adopted, this 17th day of November, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Teresa P. Ehnore, Interim Clerk to the Board
Board of Commissioners - November 17, 2014
ITEM: 15- 2 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Assistant County Manager
CONTACT(S): Tim Burgess, Assistant County Manager
SUBJECT:
Consideration of an Interlocal Agreement for the Flemington Force Main
BRIEF SUMMARY:
Under an October 21, 2013 agreement with Duke Energy for supplying surface water to the Flemington area,
the Authority is designing a 12 -inch water line that will be constructed beneath the Northeast Cape Fear
River near the Sweeney Water Treatment Plant. At its cost, the Authority is also designing a 12 -inch
wastewater force main that would be constructed beneath the Cape Fear River near the Cowan Street pump
station (PS #12).
Recognizing the long -term regional benefit of providing sewer service to the U.S. 421 corridor, staff from the
Authority, New Hanover County and the City of Wilmington have negotiated a three -party interlocal
agreement (ILA) that describes how the proposed force main construction would be funded. Under the
proposed ILA, the estimated $1.2 million construction and inspection cost (project cost) would be shared
equally between the Authority and the County. Should a property within the City contribute flow through
the force main, the City would reimburse the Authority and the County a proportionate share of project cost.
This provision expires after ten years. The City would also convey a significant utility easement across its
proposed park site near PS #12 at no cost. The proposed ILA also provides for the Authority to contribute
$50,000 to the City for esthetic improvements for the PS #12 site.
The proposed 12 -inch force main would be installed under the same contract as the Flemington water line.
This would minimize mobilization and construction costs since specialized drilling and pipe fusing
equipment, and personnel will be on -site for the water line construction.
The proposed water line and force main are the keystones for extending CFPUA services to the U.S. 421
area. They will allow the Authority to use capacity at its Sweeney Water Treatment Plant and Northside
Wastewater Treatment Plant to serve current and future customers along the corridor. Under the agreement
with Duke Energy, water service will be provided to areas already served by the Authority, as well as
additional parts of the corridor. A study of costs, logistics and required funding to extend water and
wastewater services to the full U.S. 421 corridor is underway. The study relies on the proposed force main
as a key connection to the Authority's collection and treatment system.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the ordinance for budget amendment 15 -027, approve the interlocal agreement and authorize the
Board of Commissioners - November 17, 2014
ITEM: 16
Chairman to sign it.
ATTACHMENTS:
Sewer Crossing Map
Water Crossing Map
Water Crossing to Existing Map
Budget Amendment 15 -027
Flemington Interlocal Agreement
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - November 17, 2014
ITEM: 16
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Board of Commissioners - November 1
ITEM: 16- 1 - 1
.2
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2
AGENDA: November 17, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET
BY BUDGET AMENDMENT 15 - 027
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 15 -027 be made to the annual budget ordinance for the fiscal year ending
June 30, 2015.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Build / maintain infrastructure
Fund: General Fund
Department: Finance
Expenditure:
Decrease
Increase
Contribution to Cape Fear Public Utility Authority
$600,000
Total
$0
$600,000
Revenue:
Decrease
Increase
Appropriated Fund Balance
$600,000
Total
$0
$600,000
Section 2: Explanation
To appropriate fund balance in the amount of $600,000 for the County's contribution to the Flemington Force
Main Economic Development project. With the two budget amendments impacting fund balance on this
agenda, the amount of fund balance appropriated is $13,334,320. When the budget was adopted the General
Fund balance appropriated was $8,521,347.
Recognizing the long -term regional benefit of providing sewer service to the U.S. 421 corridor, staff from the
Authority, New Hanover County and the City of Wilmington have negotiated a three -party interlocal
agreement (ILA). Under the proposed ILA, the estimated $12 million construction and inspection cost
(project cost) would be shared equally between the Authority and the County. Should a property within the
City contribute flow through the force main, the City would reimburse the Authority and the County a
proportionate share of project cost.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 15 -027, amending the annual budget
ordinance for the fiscal year ending June 30, 2015, is adopted.
Adopted, this 17th day of November, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Teresa P. Ehnore, Interim Clerk to the Board
Board of Commissioners - November 17, 2014
ITEM: 16- 4 - 1
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
INTERLOCAL AGREEMENT AMONG CAPE FEAR PUBLIC UTILITY AUTHORITY, NEW HANOVER COUNTY
AND CITY OF WILMINGTON REGARDING INFRASTRUCTURE IMPROVEMENTS
THIS INTERLOCAL AGREEMENT (hereinafter, "Agreement ") is made and entered into this the
day of , 2014, by and among CAPE FEAR PUBLIC UTILITY AUTHORITY, a body politic
and corporate of the State of North Carolina (hereinafter, "Authority "), NEW HANOVER COUNTY, a body
politic and corporate of the State of North Carolina (hereinafter, "County ") and CITY OF WILMINGTON, a
North Carolina municipal corporation (hereinafter, "City').
WITNESSETH:
WHEREAS, the Authority, the County and the City each have an interest in having a wastewater
force main constructed beneath the Cape Fear River connecting the U.S. 421 corridor with the
Authority's existing collection and treatment system; and
WHEREAS, the Authority is designing and constructing a 12 -inch water line that will connect its
Sweeney Water Treatment Plant distribution system with its Flemington groundwater system; and
WHEREAS, the Authority is designing a 12 -inch force main that will be constructed beneath the
Cape Fear River near the western terminus of Cowan Street in the City, near the Authority's Pump
Station 12; and
WHEREAS, the parties realize that it would be cost effective to have the force main constructed
under the same contract as the water line; and
WHEREAS, the City is willing to convey utility easements (hereinafter, "Easements ") on its
proposed park property near Pump Station 12 to the Authority for the purpose of constructing and
operating the force main; and
WHEREAS, the parties have established and agreed upon the fair market value of such
Easements at $93,888; and
WHEREAS, pursuant to Section 6.6 (F) of that certain known Interlocal Agreement for Transfer of
Assets and Operation of Water and Sewer Systems by and among the City, the County and the Authority
dated on or about the 301h day of January, 2008, the County and the City desire to reimburse the
Authority for a portion of its direct costs associated with constructing the force main; and
WHEREAS, the parties hereto are authorized to enter into this Agreement pursuant to the
provisions of N.C.G.S. § 160A -461 for the purpose of providing sewer services to the geographic areas
located within the County and City.
Page 1 of 9
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 1
NOW THEREFORE, for and in consideration of the mutual promises and other good and valuable
consideration set forth herein, the Authority, the County and the City hereby agree as follows:
1. Scope of Project. The work includes the Authority constructing a 12 -inch Force Main beneath
the Cape Fear River near the Authority's Pump Station 12 for the purpose of providing Sewer services to
geographic locations within New Hanover County located on the western side of the Cape Fear River
(hereinafter, "Force Main "). Aesthetic upgrades and improvements to the Authority's Pump Station 12
and the City park immediately adjacent to the Easement site shall be deemed part of the Project but
shall be completed by the City (hereinafter, "Improvements "). Other specifics of the Project and
locations are more particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference (hereinafter, "Project ").
2. Payment for Force Main. The County agrees to reimburse the Authority for 50% of its direct
expense associated with constructing the Force Main. Reimbursable expenses will be limited to
construction, material contracts for the Force Main, associated construction phase services provided by
outside consultants during the construction phase (hereinafter, "RE "), and the acquisition of all
necessary easements. The County's share of these expenses are estimated to be $500,000 for
construction and $50,000 for consulting services, not to exceed $600,000 (including $50,000
contingency) without prior written approval by the County. The Authority will submit a pay request with
adequate documentation at the completion of the work after the total shared construction cost is
calculated. The total shared construction cost shall be the sum of the direct construction expenses and
the associated consulting services provided by outside consultants provided during the construction
phase. This shall be calculated by the Authority, and reviewed by and reconciled with the County and
the City at the end of construction.
Contingent upon the provisions of Paragraph 3 below, the City agrees to reimburse the
Authority and the County for properties voluntarily annexed after the date of this Agreement within the
City limits that contribute flow to the Force Main (hereinafter, "Contributing Property "). The City's
contribution shall be calculated by dividing the contributing flow from a Contributing Property
(hereinafter, "CPF ") in million gallons per day by the estimated Force Main capacity of 1 million gallons
per day, multiplied by thirty -three percent (33 %) of the total reimbursable expenses described above, in
any event not to exceed $400,000. (CPF /1,000,000 x RE x 33 %)
The City contributions will be made within thirty (30) days after the flow from each Contributing
Property begins, and will be divided equally between the Authority and the County as reimbursements.
Notwithstanding the above, this reimbursement provision expires 10 years after the date of Project
completion.
In lieu of the City's receipt of the fair market value of the Easement of $93,888, the Authority
will contribute an amount, not to exceed $50,000, to the City. The contribution shall be paid by the
Authority to the City separate and apart from any reimbursable expenses. The City shall apply the
contribution to the Improvements. The City shall prepare, or caused to be prepared, and submit to the
Authority plans, drawings, and specifications which show the City's proposed Improvements. The
Page 2 of 9
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 2
Authority's approval of the proposed Improvements shall not be unreasonably withheld, conditioned, or
delayed. Once approved, the Authority shall help coordinate the improvements located within the
pump station site. The Authority's contribution will be paid to the City within sixty (60) days of the
completion of the Improvements.
3. Condition Precedent. The City's obligations pursuant to this Agreement shall be conditioned
upon annexation into the City of real property serviced by the Force Main.
4. Construction of Project. The Authority will manage and oversee construction of the Project,
including the Force Main and following landscape and repair of the Property. The Authority shall adhere
to all NC Brownfields Program requirements during construction. The County and the City will be able to
inspect the work throughout construction, and review and audit any contracts associated therewith.
5. Term. This Agreement shall become effective upon its execution by the Authority, the County
and the City. Unless properly amended in writing, this Agreement will be void if construction of the
Force Main does not commence within 365 days of the date of this Agreement. Time is of the essence
in this Agreement and each and all of its provisions.
6. Termination. This Agreement may be terminated by any of the parties in writing no less than
thirty (30) days before construction of the Force Main begins.
7. Notice. Notices to the parties to this Agreement shall be sent by first -class or certified mail as
required to:
Authority: Executive Director
Cape Fear Public Utility Authority
235 Government Center Drive
Wilmington, North Carolina 28403
County: County Manager
New Hanover County
230 Government Center Dr., Suite 195
Wilmington, North Carolina 28403
City: City Manager
City of Wilmington
102 N. Third St.
Wilmington, North Carolina 28401
Each party shall immediately notify the others of any change of address. Such notices shall be deemed
to have been given when sent.
8. Amendment. This Agreement may be amended or modified, including any extension, upon
mutual agreement of the parties if any such amendment shall be reduced to writing and signed by the
parties.
Page 3 of 9
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 3
9. Construction. This Agreement shall be deemed to be made and performed in the State of North
Carolina, and the parties hereto agree, notwithstanding the principles of conflicts of law, that the
internal laws of the State of North Carolina shall govern and control the validity, interpretation,
performance, and enforcement of this Agreement. Further, the parties hereto agree that any action
relating to this Agreement shall be instituted and prosecuted only in the courts of the County of New
Hanover, State of North Carolina, and each consents to the jurisdiction of said courts and waive any
right or defense relating to such jurisdiction and venue. In the event of a conflict between the various
terms and conditions contained herein, then the more particular shall prevail over the general and the
more stringent or higher standard shall prevail over the less stringent or lower standard. This
Agreement shall be considered to have been prepared equally by the parties hereto and shall not be
construed more strictly against a party, regardless of which party was responsible for its preparation.
10. Assignment. This Agreement may not be assigned by any party without the prior written
consent of the other parties.
11. Binding on Successors and Assigns. All covenants and agreements contained herein shall be
binding upon and inure to the benefit of the successors and assigns of the Authority, the County and the
City.
12. Non- Waiver of Rights. Any party's failure to insist upon the strict performance of any provision
of this Agreement 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 Agreement.
13. Immunity Not Waived. This Agreement is governmental in nature and for the benefit of the
public and is not intended to be for private profit or gain and the Authority, the County and the City do
not intend to waive their sovereign immunity by reason of this Agreement.
14. Continuing Obligation. The parties will make and execute all further instruments and
documents required to carry out the purposes and intent of this Agreement.
15. Reference. Use of the neuter includes feminine and masculine, singular includes plural; and
captions and headings are inserted for convenience of reference and do not define, describe, extend or
limit the scope or intent of this Agreement.
16. Entire Agreement. This Agreement constitutes the entire understanding and agreement
between the parties relating to the Work as described herein, this Agreement supersedes all prior
discussions and written and oral agreements with respect thereto.
17. Savings Clause. If any section, subsection, paragraph, sentence, clause, phrase or portion of this
is for any reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed severable and such holding shall not affect the validity of the remaining
portions hereof.
Page 4 of 9
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 4
18. Enforcement. It is recognized that the parties' remedies at law may not be adequate in the
event of a breach of this Agreement. Accordingly, the parties agree that specific performance of this
Agreement is a proper remedy in the event of a breach or default.
19. Multiple Counterparts. Multiple counterparts of this Agreement may be signed and delivered,
each of which shall be considered an original and which together shall constitute but one Agreement.
20. Release and Indemnity.
(a) To the fullest extent permitted by Laws and Regulations, the Authority shall indemnify, hold
harmless, and defend the County and the City, its officers, directors, members, partners, employees,
agents, contractors and other consultants of each and any of them from and against all claims, costs,
losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising directly or
indirectly out of the obligations herein undertaken or resulting from the operations conducted, provided
that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to
injury to, damage, or destruction of tangible property, including the loss resulting therefrom, but only to
the extent caused by any negligent act or omission of the Authority, any sub - consultant of the Authority,
or any individual or entity directly or indirectly employed by any of them to perform any of the services
or anyone for whose acts any of them may be liable.
(b) To the fullest extent permitted by Laws and Regulations, the County shall indemnify, hold
harmless, and defend the Authority and the City, its officers, directors, members, partners, employees,
agents, contractors and other consultants of each and any of them from and against all claims, costs,
losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising directly or
indirectly out of the obligations herein undertaken or resulting from the operations conducted, provided
that any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease, or death, or to
injury to, damage, or destruction of tangible property, including the loss resulting therefrom, but only to
the extent caused by any negligent act or omission of the County, any sub - consultant of the County, or
any individual or entity directly or indirectly employed by any of them to perform any of the services or
anyone for whose acts any of them may be liable.
(c) To the fullest extent permitted by Laws and Regulations, the City shall indemnify, hold
harmless, and defend the County and the Authority, its officers, directors, members, partners,
employees, agents, contractors and other consultants of each and any of them from and against all
claims, costs, losses and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute resolution
costs) arising directly or indirectly out of the obligations herein undertaken or resulting from the
operations conducted, provided that any such claim, cost, loss or damage is attributable to bodily injury,
sickness, disease, or death, or to injury to, damage, or destruction of tangible property, including the
loss resulting therefrom, but only to the extent caused by any negligent act or omission of the City, any
Page 5 of 9
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 5
sub - consultant of the City, or any individual or entity directly or indirectly employed by any of them to
perform any of the services or anyone for whose acts any of them may be liable.
21. Relationship of the Parties. Each party acknowledges that the relationship with the others is
that of an independent contractor with no employment relationship, joint venture, or partnership with
the other parties with respect to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto, have caused the execution of this Agreement under
seal and by authority duly given the day and year below written.
(NOTARY AND SIGNATURES TO FOLLOW)
Page 6 of 9
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 6
CAPE FEAR PUBLIC UTILITY AUTHORITY
(SEAL) By:
Patricia O. Kusek, Chair
ATTEST:
James G. Brumit, Secretary
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act this the day of 12014.
Authority Finance Officer
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of the State and County aforesaid, certify that James
G. Brumit personally appeared before me this day and acknowledged that he is the Secretary of the
CAPE FEAR PUBLIC UTILITY AUTHORITY, a North Carolina body politic and corporate, and that by
authority duly given and as the act of the Authority, the foregoing instrument was signed in its name by
its Chairman Patricia O. Kusek, sealed with its corporate seal and attested by him as Secretary.
WITNESS my hand and notarial seal, this
Notary Public
My Commission Expires:
(Seal)
day of 12014.
Page 7 of 9
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 7
NEW HANOVER COUNTY
(SEAL)
Woody White, Chairman
ATTEST:
Teresa P. Elmore, Interim Clerk to the Board
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
This the day of 12014.
Lisa Wurtzbacher, County Finance Officer
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of the State and County aforesaid, certify that Teresa
P. Elmore personally appeared before me this day and acknowledged that she is the Interim Clerk to the
Board of New Hanover County, a North Carolina body politic and corporate, and that by authority duly
given and as the act of the Commission, the foregoing instrument was signed in its name by its
Chairman, sealed with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and notarial seal, this day of 12014.
Notary Public
My Commission Expires:
(Seal)
Page 8 of 9
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 8
CITY OF WILMINGTON
Bill Saffo, Mayor
ATTEST:
Penelope Spicer - Sidbury, City Clerk [SEAL]
Approved as to form:
William E. Wolak, City Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public of County, North
Carolina, certify that Penelope Spicer - Sidbury personally came before me this day and acknowledged
that she is City Clerk of the City of Wilmington, and that by authority duly given and as the act of the
Council, the foregoing instrument was signed in its name by its Mayor, sealed with its corporate seal and
attested by herself as its City Clerk.
WITNESS my hand and official seal, this day of 12014.
Notary Public
My commission expires:
CERTIFICATION
This instrument has been preaudited in the manner required by The Local Government Budget
and Fiscal Control Act.
This _ day of , 20
Debra H. Mack, City Finance Officer
Project Number:
Account Number:
Amount of Contract: $
Federal ID Number:
Page 9 of 9
(if applicable)
Board of Commissioners - November 17, 2014
ITEM: 16- 5 - 9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 17, 2014
REGULAR
DEPARTMENT: Governing Body PRESENTER(S): Chairman White
CONTACT(S): Teresa Elmore, Interim Clerk to the Board
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following Boards and Committees:
New Hanover County Adult Care Community Advisory Committee
New Hanover County Plumbing Board of Examiners
New Hanover County Zoning Board of Adjustment
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
ATTACHMENTS:
New Hanover County Adult Care Community Advisory Committee
New Hanover County Plumbing Board of Examiners
New Hanover County Zoning Board of Adjustment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following appointments were made.
New Hanover County Adult Care Community Advisory Committee:
Elizabeth Williams was appointed.
New Hanover County Plumbing Board of Examiners:
David K. Woodbury was reappointed in the Master Plumber category.
Board of Commissioners - November 17, 2014
ITEM: 17
New Hanover County Zoning Board of Adjustment:
Andrew T. Barnhill was appointed as a Regular Member.
Chad McEwen was reappointed as a Regular Member.
Colin J. Tarrant was reappointed as an Alternate Member.
Board of Commissioners - November 17, 2014
ITEM: 17
COMMITTEE APPOINTMENTS
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
Membership: 18 maximum, 13 mandated based on the number of facilities
operating in the County
Current Members: 10
Vacancies: up to 8
Terms: 1 year term initially, expiring 11/30/15
ELIGIBLE FOR
APPLICANTS: REAPPOINTMENT
Elizabeth Williams
Attachments: Committee Information Sheets
Application
Board of Commissioners - November 17, 2014
ITEM: 17- 1 - 1
NEW HANOVER COUNTY
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
Number of Members: 13 State mandated; May appoint up to 18 (1 member for each
permitted facility) The Adult Care Home Administrators may nominate one -third of the
members. If possible, one member must be a person involved in the area of mental retardation.
A County Commissioner shall be appointed to serve in an ex- officio capacity.
Compensation: None, but may be reimbursed for actual expenses.
Term of Office: 1 year term initially; 3 year term thereafter
Qualifications: Must be a resident of New Hanover County. No person or immediate family
member of a person with a financial interest in a home served by the committee, or employee or
governing board member of a home served by the committee, or immediate family member of a
resident in a home served by the New Hanover County Adult Care Home Community Advisory
Committee may be a member of this committee. Immediate family is defined as mother, father,
sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job
Description for more information.
Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights,
visits adult care homes quarterly, promotes the wellbeing of residents and encourages
community involvement. Statute establishing Committee: N.C.G.S. 131 D -31
Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July,
and October at 9:30 a.m. at the Cape Fear Council of Governments, 1480 Harbour Drive,
Wilmington, NC.
Board of Commissioners - November 17, 2014
ITEM: 17- 1 - 2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Pamela Applewhite
Initial 8/11/14
8/31/15
802 Summer Tree Lane
Wilmington, NC 28412
465 -0839
Mary K. Busbee
First 9/16/13
9/30/16
8402 Emerald Dunes Road
Wilmington, NC 28411
686 -2763
Shirley T. Fowler
Initial 3/24/14
3/31/15
945 Radnor Road
Wilmington, NC 28409
799 -2454 (H)
David Jenkins
Initial 7/23/12
7/31/13
8506 Hammock Dunes Drive
First 9/16/13
9/30/16
Wilmington, NC 28411
686- 9495(H)
Board of Commissioners - November 17, 2014
ITEM: 17- 1 - 2
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2
Revised: 10/21/2014
Board of Commissioners - November 17, 2014
ITEM: 17- 1 - 3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
L. Thomas Jennings
Initial 11/21/05
11/30/06
415 Charlotte Avenue
First 12/18/06
12/31/09
Carolina Beach, NC 28428
Second 12/7/09
12/31/12
458 -2584 (H) 619 -0762 (C)
Third 9/16/13
9/30/16
Lorraine McEvoy
Initial 8/14/06
8/31/07
121 Spartan Road
First 8/13/07
8/31/10
Wilmington, NC 28405
Second 8/16/10
8/31/13
784 -9325 (H)
Third 9/16/13
9/30/16
Sandra Oglesby
Initial 12/18/06
12/31/07
1508 Rock Hill Road
First 12/17/07
12/31/10
Castle Hayne, NC 28429
Second 12/20/10
12/31/13
675 -8040 (H) 452 -8200 (W)
Third 3/24/14
3/31/17
Timothy Potter
Initial 10/20/14
10/30/15
7316 Orchard Trace
Wilmington, NC 28409
297 -1571 (C)
Eddie J. Smith
Initial 10/20/14
10/30/15
335 Ashworth Manor Court
Wilmington, NC 28412
431 -2996 (C)
Cecil W. Sutton
Initial 9/15/14
9/30/15
2000 Trinity Avenue
Wilmington, NC 28411
512 -7292 (H & C) 962 -2059 (W)
COG Long Term Care Ombudsman:
File: Adult /10.14
Patti Sacchetti, 1480 Harbour Drive,
Wilmington, NC 28403
395 -4553
Revised: 10/21/2014
Board of Commissioners - November 17, 2014
ITEM: 17- 1 - 3
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS =
230 Government Center Drive, Suite 175 i6L �'7.
Wilmington, NC 28403 COMMITTEE APPLICATION
Telephone (910) 798 -7149
FAX (910) 798 -7145 / �/
Board /Committee: (,\' -o/ `mr(1l�`�Yllo ftV 1 OLA
Name: V I 22 Uth ' A1 11 14W S E -Mail: C_J ICI WAI uN � it am e y1hymc.ofq
Home ?' ClIc 1 ^'
Address: 5 qe � lU
Mailing Address if different.
Home Phone:
Fax:
L4U
(City) (Zip Code)
Business:
Years living in `n
New Hanover County: _ Male: Female: Race: \N ► t l ie Age:
(Information for the purpose of assuring a cross - section of the community)
Do you have a family member employed by New Hanover County? If yes, name
Employer. N W I'1UY1ONfY 1LeQIOnQ1 (M4L)i lL1l ( fUKY
A person currently employed by the agency or department f which this application is made, must resign his/her position with New Hanover County upon appointment, in
accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department.
Occupation: IV A eYIe d W M S C
Professional Activities:
Volunteer Activities: fbl L��e
Why do you wish to serve on this board/committee? dY)d
CaY f 0 k'W. - rlrae�l 0, M \P' V� OAS A-,A t\q f i WS
Conflict of Interest: If a board member believes de/she has a conflict or potential conflict of interest on O iarticular issue, that member should state this belief to the other
members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
What areas of concern would you like to see addressed by this committee?
Qualifications for serving: u k y-P 1 f � `a" VJ 1Ay �`X�(i Q YI 1n L e 1Yl
Other municipal or county boards/committees on which you are serving:
List three local personal references and phone numbers: OCT 3 0 2014
2. Hdyln m LaI�i�Y q)t - UT -6too NNG DULL
3. )Rnni(�� .�nuvy�a�t q10 2-W SM14
j i
Date: lZ)l q Signature
Applications are kept on file for 18 months 1 understand that any boa or committee appointee may be removed
without cause by a majority of County Commissioners.
Please use reverse side for additional comments
Board of Commissioners - November 17, 2014
ITEM: 17- 1 - 4
COMMITTEE APPOINTMENTS
PLUMBING BOARD OF EXAMINERS
1 Vacancy - Master Plumber
Term of Office: 3 Years (12/1/17)
APPLICANT:
David K. Woodbury
Attachments: Committee Information Sheet
Application
ELIGIBLE FOR
REAPPOINTMENT
El
Board of Commissioners - November 17, 2014
ITEM: 17- 2 - 1
NEW HANOVER COUNTY
PLUMBING BOARD OF EXAMINERS
Number of Members: 3 (2 Master Plumbers and 1 Journeyman Plumber)
Ex- Officio: New Hanover County Plumbing Inspector
Term of Office: 3 years
Qualifications: A journeyman plumber is a person skilled or trained in the installation of a
plumbing system in commercial or residential properties; and shall have in his possession a valid
license issued by the Board of Plumbing Examiners of New Hanover County, or a valid license
from another county in North Carolina.
Compensation: None
Regular Meetings: Held as necessary in the Inspections and Planning Department
Statute or cause creating Board: N.C. General Statutes 14 -4 and an Ordinance requiring
Plumbing Installations to be made by Journeyman Plumbers and governing the licensing of
Journeyman Plumbers in New Hanover County, dated October 20, 1975, amended May 17, 1976.
Brief on Functions: To administer tests and issue license to qualified plumbers.
Revised: 5/6/2014
Board of Commissioners - November 17, 2014
ITEM: 17- 2 - 2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Ernest Duarte, Master Plumber - Chairman
First 1/19/10
12/1/12
4917 Grosse Woods Drive
Second 1/22/13
12/1/15
Wilmington, NC 28411
791 -7071 (H) 367 -8426 (W)
Thomas L. Crittenden, Jr.
First 1/22/13
12/1/15
P.O. Box 3194
Wilmington, INC 28406
763 -4025 (H) 343 -1234 (W)
David K. Woodbury, Master Plumber
First 2/21/11
12/1/14
2308 Waverly Drive
Wilmington, NC 28403
763 -6888 (H) 763 -4324
William Eubanks
File: /Plumbing
Plumbing /Mechanical Compliance Supervisor
B/C #25 1/13
New Hanover County Inspections Department
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7206
Revised: 5/6/2014
Board of Commissioners - November 17, 2014
ITEM: 17- 2 - 2
D2/08/2011 08:24 FAX
®002/002
NEW HANOVER COUNTY
80ARD OF COM USSMNERS
230 OovammeW Cmntw CrWd, Bate f 75
Mnktpto►4 NC 284M
raltpr,crl. (NO) IN-7141, r- (p a) ?W145
COMMITTEE APPLICATION
5o0L2c�
d
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UWw Addmss KeelrirwW
iM
Hofr a proms: x(03 —j % gg Fw: St G— 03gZ) Carr: 6q!2-5f 00 i aslness:
Wars Nov in
New Hancvrr CauntS : 5 5 0 (oZAlafe; ✓FernNr. Rac*: 11) Age,
( ntbrm ; fh• pwposek or amnolp a cores- section of Mo communo)
Employ+w, ^r JOIN -
Pfr=n YO OF DY RW RFOMv Or d*PWMOM the appioaticin ti modem must rasipn hWharpo3 W 1N
Now Nw-ovw Cmiwy uopm appoi+drlant: M &=fdamo w4h A,tco 0, Sac 4 of the Now Nwwwo/ County P&-wnnw Ply.
ProWsionaf Activiities: -60 Q itl ltit 0 tj
Vbruntew AaWis _ 0- k4 P Gk . zbjm ee4 in
Why do you wish to sells on 0311 boarWcvMWfffM7
CSMW of intawk f7 a Owed oraro0orbaaovos ht+titat fYS ooratlet o► poOanflM c9aM of lowelif oa • ppfiad4f'10W, "0aa irwrAw Mould stele fNO OeaN p OM Q~
s1w� berf ermwa w"W o Ooary OwoaV a prate ""bay. T" 0"emaar aalaufd stale the Bohm orwere acamoe deft& y ft of ft4no has • aepaWe, p0w era, ornoo #lay
laMhlla l Mho /altief efNdaa7R �e111w �aW wICN een7lfaafioH, 7aa OwmAi ✓ sh*&W UW peuM eYRnttilm"W "m rodas PR O10 ~of..
What arses of concern woudd you like to see addnwsed by this committee?
Quarll eWons for swvMg:
tie
Otter munkoai or county boorda/Carnmlt> OS on whrch YOU MM servlPg;
Ust Nose local peemnar nfwwrc a *"phone riumWws:
t.
P�
9.
Appftaftm err• hw on rye for !a uiaN ►
PNaw use remme ado for adds and comm ertfe
Signature
I Undenabnd that AMA appeiaaltew nerves memo OMM
of Me, Now #00001-W Cawley no" of Colea*elewrst
Board of Commissioners - November 17, 2014
ITEM: 17- 2 - 3
COMMITTEE APPOINTMENTS
ZONING BOARD OF ADJUSTMENT
VACANCIES: 3 as follows:
2 Regular Members
1 Alternate Member
Term of Office: 3 Years (12/1/17)
APPLICATIONS
Andrew T. Barnhill
ELIGIBLE FOR
REAPPOINTMENT
Chad McEwen X
Paul Stavovy
Colin J. Tarrant X
(currently serving as alternate, wants to be considered
for reappointment as alternate member)
Attachments: Committee Information Sheets
Applications
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 1
NEW HANOVER COUNTY
ZONING BOARD OF ADJUSTMENT
Number of Members: 5 plus 3 alternates
Ex- Officio: Planning Director
Term of Office: 3 years
Regular Meetings: Fourth Tuesday of every month at 5:30 p.m. in the Lucie F. Harrell
Conference Room at the Government Center, 230 Government Center Drive, Wilmington, NC.
Compensation: $20.00 per member per meeting plus auto mileage
Statute or cause creating Board: N.C. General Statutes 153 -A -345, 266.17. The
Commissioners increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning Ordinance
requires members to be appointed from different areas within the County's zoning jurisdiction.
Brief on Functions: In New Hanover County, the duties of the Board fall into two general
categories: Interpretation and Granting Variances.
Interpretation: The function of the Board of Adjustment which is most closely similar to that of the
courts is interpretation of the Ordinance. This function involves (a) interpreting the meaning of
parts of the Ordinance which are unclear, (b) applying the Ordinance to particular fact situations,
and, if necessary, (c) correcting any mistakes or abuses of discretion which the zoning official
may have made in administering the Ordinance. In exercising this power, the basic principle for
the Board to keep in mind is that it must not vary the Ordinance. Its function here is to interpret
and apply what the governing body has written, not to vary that legislative pronouncement to fit its
own ideas. Its decisions must be in accord with what the Board believes to be the actual
meaning and intent of the Ordinance.
Granting of Variances: General Statute 153A- 345(d) provides that, "when practical difficulties or
unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the
Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of
the Ordinance relating to the use of land, so that the spirit of the Ordinance is observed, public
safety and welfare secured, and substantial justice done." Basically, a variance is a permit,
which the Board may grant in certain situations, enabling a property owner to make use of his
property in some way which is in conflict with the literal provisions of the Ordinance. Sometimes
a lot so small or so peculiarly shaped that the owner would have great difficulty in complying with
the yard requirements and yet erecting a suitable building. Sometimes contours of the terrain
are such as to create hardships in complying with these requirements. Sometimes the lot is
located in a cluster of nonconforming uses which will prevent the owner from securing any
reasonable return from his land if he complies with the Ordinance (as where a lot in a residential
district is surrounded by nonconforming business structures). When the Board grants
exemptions from harsh provisions, it is "granting a variance."
The above has been largely excerpted from the Zoning Board of Adjustment in North Carolina by
Michael B. Brough and Philip P. Green, Jr.
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 2
rA
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2
Revised: 10/10/14
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 3
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Peter M. DeVita
First 11/15/10
12/1/13
7108 Key Point Drive
Second 12/9/13
12/1/16
Wilmington, NC 28405
262 -2113 (W)
Justin Michael Lewis, Chairman
First 11/16/09
12/1/12
3702 Providence Court
Second 11/13/12
12/1/15
Wilmington, NC 28412
919 - 414 -8410 (H) 794 -4880 (W)
Michael D. McCulley, Jr., Vice - Chairman
First 11/21/11
12/1/14
6102 Lydden Road
Wilmington, NC 28409
547 -5185 (H) 251 -2500 (W) 616 -6979 (C)
Chad McEwen
First 11/21/11
12/1/14
226 Shore Point Drive
Wilmington, NC 28411
604 -2100 (C)
Joe Miller
First 12/9/13
12/1/16
6715 Creek Ridge Road
Wilmington, NC 28409
833 -8485 (W)
ALTERNATES:
Henry A. Adams
Unexpired 3/24/14
12/1/16
8725 Fazio Drive
Wilmington, NC 28411
686- 5941(H) 350- 1200(W) 520 -1434 (C)
H. Brian Prevatte
First 12/9/13
12/1/16
321 Island Creek Drive
Wilmington, NC 28411
686 -4917 (H) 399 -6839 (W) 520 -4482 (C)
Colin J. Tarrant �
First 11/21/11
12/1/14
7842 Olde Pond Road
Wilmington, NC 28411 6J <�
910 - 815 -7100 (W) �,,QJ►�
Staff Support: Ben Andrea, Exec. Secretary
10/14
Current Planning & Zoning Supervisor
File: /Zoning
NHC Planning and Inspections Department
B/C #33
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7571
Revised: 10/10/14
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 3
'NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington, NC 28403
Telephone (910) 798 -7149
FAX (910) 798 -7145
COMMITTEE APPLICATION
BoardlCommittee: New Hanover County Zoning Board of Adjustment
Name: Andrew T. Barnhill E -Mail:andrewtbarnhill @gmail.com
Home
Address: 337 Stradleigh Road Wilmington 28403
(Street)
Mailing Address if different:
Home Phone: 910- 620 -7622 Fax: Cell: Business:
Years living in
New Hanover County: 24 Male: � Female: Race: Caucasian Age: 27
(Information for the purpose of assuring a cross - section of the community)
Do you have a family member employed by New Hanover County? ff yes, name
Employer. University of North Carolina System
A person currenfly employed by the agency or department for which this appltcation is made, must resign his/her position with New Hanover County upon appointment in
accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate fatuity member employed by such agency or
department.
Occupation: Legal
Professional Activities NC Court of Appeals Endorsement Committee, Young Lawyers
VOlunteel'Activides:New Leaders Council, Board; NC Democratic Party, Exec. Council
Why do you wish to serve on this board/committee? I wish to lend my training and experience with
development and ordinance interpretation to the board.
Confttct of interest N a board member believes he✓she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary
interest, either director indirect in the issue under consideration. The member should then excuse himseltherself from voting on the matter.
What areas of concern would you like to see addressed by this committee? I hope the committee can
continue to be a fair and consisten voice for the county's long term growth and needs.
Qualifications for serving: Legal training in the area of land development and local ordinance
interpretation through specific course sequence in law school.
Other municipal or county boards(committees on which you are serving: Currently, I am serving on all
private nonprofit boards.
List three local personal references and phone numbers.
i Jonathan Barfield 910 - 233 -8780
2{14
2 Richard Poole 910 - 508 -3537 NBC B O C C
3. Carter Jewell
910 - 231 -9647
Date: October 29, 2014 Signature 1 Lo
Applications are kept on file for 18 months I understand that any board w committee appointee may be removed
without cause by a majority of County Commissioners.
Please use reverse side for additional comments
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 4
NOV /01 /2010/MON 07:22 AM FAY No.910 259 6644 P. 001 /001
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Govemment CenlerDrive, Suite 175
Wi mhgtm NC 28403
Telephone (910) 798 -7149
FAX (910) 798-7145
COMMITTEE APPLICATION
Board/Commiftee. Zoning Board of Adjustment
Name. Chad McftAn E -Mail: ohm ewen@gmail .coca
Home
Ate; 226 Shore Point Drive Wilmington 28411
Mailing Address if different n/a
(Cly) Rio CO*)
Home Phone: (910) 604 -2100 Fax: (910) 259 -6644 Cell: (910) 604 -2100 Business:
Years I►Ying in
NOW Hanover County. 14 YEARS Male: ✓ Female• Race: white
(Information W the purpose ofasummg a cross-aection ofthe communily)
Age: 32
Employer Tone of Burgaw
A person cturent/y employed by fine agency or department for which this application is made must resign hlstharpostion weh
New Hanover County upon appointment In accoidanee wish Athchi V4 Sec. 4 of fine New Hanover Count Personnel Policy
OCCUpadon: Planning Director
Professional Activities: Serves on several technical advisory boards related to my smployment
VOluntWACtfvlde . NC Blueberry Festival and church activities
Why do you wish to serve on this boart9committee? I think i ha9e a firm understanding of the role
of the Board of Adjustment having been involved in these meeting for over 6 years.
Gbnnlct or Antareat Ire board member believes ftme has a CWedd or potential cordlict of interest on a pertieder issue, that member should state We beW ro fine ottw
members of hi~ respoobve board dung a pubac meeting. The member ahoutd state Me ran" or the caWkY oWeWng Mar heistte has a Separate, private, or monetary
lnftre4 stater o6ecf or indirect in the issue under ooeattAwabon. The member ahoutd then excuse rdmse"erself f "vodog on the mater.
What areas of concem would you like to see addressed by this committee? I would like to aea the
Board continuo to serve its proper statutory functions as outlined in NCGS 160A -388.
Quaff flcatlons for serving: I have worked as the Planning Director for the Town of Burgaw for
nearly 6 years and I'm .tell versed on the functions of Zoning Boards of Adjustment
Other municipal or county boardelcommittees on which you are serving: none
List three local personal references and phone numbers:
L Dr. Mark Imperial (910) 962 -3000
2 Kenny Willson (910) 443 -4471
3. Louis Besse (910) 604 -0912
two: 11-1-ID
AWcaffaw we kept on fpo for f monMs
Please use reverse side for addlVanal c nnments
Signature
I undorsfakPfij t d�iw appoinbnem serves at fie piewure
of Me Now Hanover Comity Board of Commsaionera.
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 5
c,
NOV — 1 2010
W HANOVER CO
BD. OF COfAMiSSiONERS
Signature
I undorsfakPfij t d�iw appoinbnem serves at fie piewure
of Me Now Hanover Comity Board of Commsaionera.
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 5
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS =
230 Government Center Drive, Suite 175
Wilmington, NC 28403 COMMITTEE APPLICATION '=
Telephone (910) 798 -7149
FAX (910) 798 -7145
Board/Committee: Zoning Board of Adjustment
Name: Paul J Stavovy, IPA E-maii:p—stavovy@hotmail.com
Home
Address: 132 E Lake Emerald Dr Wilmington NC 28411
(Street) to Code)
Mailing Address if different:
(City) (Zip Code)
Home Phone: (910) 619 -1074 Fax: Cell: (910) 619 -1074 Business: same
Years living in
New Hanover County: 8 Years Male: ✓ Female: Race: White Age: 34
(Information for the purpose of assuring a cross - section of the community)
Do you have a family member employed by New Hanover County? If yes, name No
Employer. Classic Craftsmen
A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in
accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or
department.
Occupation: Business Owner/ Historic Restoration and Renovation Contractor
Professional Activities: Historic Wilm. Foundation, Urban Land Institute, CHOICE Neighborhoods
VolunteerAcdvides: Special Olympics, Wilm. Area Rebuilding Ministry, Habitat for Humanity
Why do you wish to serve on this board/committee? I want to use my experience in building, GIS,
housing, land use law, construction methods, urban policy, and public admin to serve NHC.
Conflict of knhrest.• H aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, prorate, or monetary
interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? I would like to see this
committee have a positive impact on NHC by using good decisionmaking and judgement.
Qualifications for serving: Master's Degree in Public Admin, lifetime in the building industry,
development experience, knowledge of building code and methods, Policy exper, GIS
Other municipal or county boards/committees on which you are serving: Historic Wilm. Foundation -
Easements Committee/ Housing Implementation Committee - CHOICE Neighborhoods(Chairman)
List three local personal references and phone numbers:
1. Paul D'Angelo - CHOICE Neighborhoods Planning Manager - (910) 341 -7700, ext. 264
2. Connie Jordan - Assistant DA and Satisfied Customer - (910) 233 -0728
3. Dr. Allison Lynn - Local Surgeon and Satisfied Customer - (910) 620 -7311
Pau I J Stavovy Digitally signed by Paul J Stavovy
Date: March 10, 2014 Signature Date: 2014.03.10 10:39:24 -04'00'
Applications are kept on file for 18 months I understand that any board or committee appointee may be removed
without cause by a majority of County Commissioners.
Please use reverse side for addNional comments
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 6
PAUL J STAVOVY, MPA
132 East Lake Emerald Drive • Wilmington, NC 28411 • (910)619-1074*p__stavovy@hotmail.com
OBJECTIVE
As someone who has a master's degree in Public Administration (focusing on urban policy and planning), a lifetime of
experience in the building profession, and an unwavering desire to improve our community, I have much to offer New
Hanover County. My time with the Urban Land Institute provided unique urban renewal experience, while my role as the
chairman of the Housing Implementation Committee for HUD's CHOICE Neighborhood Initiative and my position on
Historic Wilmington Foundation's Preservation Easements Committee have offered strong committee experience and
forward planning practice. My goal is to use my practical experience, coupled with my education in urban policy, land use
law, community outreach, and public administration, to have a positive impact on our coastal region.
SUMMARY OF QUALIFICATIONS
Master's Degree in Public Administration Over 15 years of Residential Construction Experience
Planning Committee Experience Deeply Inspired and Motivated to Make a Positive Impact
EDUCATION
MASTER OF PUBLIC ADMINISTRATION: URBAN POLICY FOCUS YEARS ATTENDED (2007 -2009)
College of CharlestonlUniversity of South Carolina Joint Degree Charleston, SC
Graduated with a 4.0 GPA and was selected as one of three Honor Graduates. This diverse degree offered extensive
study in: Public Policy, GIS, Urban Planning, Public Administration, Financial Administration, Human Resources
Management, Research Methods, and Land Use Law, with a strong focus on practical experience.
BA IN POLITICAL SCIENCE: COMMUNITY DEVELOPMENT FOCUS YEARS ATTENDED (1997 -2001)
Allegheny College Meadville, PA
Graduated magna cum laude and as a four year Alden Scholar. Received high honors for my thesis: "Community in
America: A Design for a Genuine Community Housing Development and its Benefits to American Democracy."
RELEVANT EXPERIENCE
OWNER/BUILDER/DESIGNER JANUARY 2011 - PRESENT
Classic Craftsmen Wilmington, NC
Owner of an historic restoration and renovation company focusing on artisan work and neighborhood revitalization.
As Owner/Builder/Designer, my duties include all management, permitting, planning, purchasing, and design.
DATABASE MANAGER/WORKSHOP FACILITATOR AUGUST 2007 -APRIL 2010
College of Charleston Charleston, SC
Responsible for database management, statistical analysis, report generation, running committee meetings, and
managing monthly publications. Worked directly for the Dean of Students and Counseling and Substance Abuse
Services as a part of a committee to track, assess, and implement strategies regarding student progress and safety.
RESEARCH ASSISTANT JANUARY 2008- MAY2008
Urban Land Institute (ULI) Charleston, SC
Responsible, as a member of a sustainable leadership collective, for assisting two towns in rural South Carolina with
sustainable development initiatives. The group, comprised of industry professionals in real estate, marketing,
development, planning, design, and government, held a Technical Assistance Panel (TAP) in each of the towns,
highlighting recommendations for growth.
HOUSE LEADER FOR JIMMY AND ROSALYN CARTER WORK PROJECT (JRCWP) MAY 2008
New Orleans Area Habitat for Humanity New Orleans, LA
Responsible for managing four Construction Supervisors and 20 -30 volunteers in building a house from the ground
up in one week. We were successful due to great leadership, wonderful volunteers, and passionate homeowners. This
one home contributed to hundreds built in the Gulf Coast as a part of JRCWP'08, and was featured on national TV.
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 7
CONSTRUCTION MANAGER JUNE 2006- AUGUST 2007
New Orleans Area Habitat for Humanity New Orleans, LA
Responsible for running all construction in the greater New Orleans area (building 200+ houses a year) and
coordinating with all departments (Purchasing/Real Estate/Homeowner Selection/Accounting/The Board/Volunteer
Coordinator/ED/Public Relations/etc.). Direct supervisor of six superintendents, thirty house leaders, 50 AmeriCorps
members, and 600 volunteers a day, all while keeping projects on schedule, training staff, and ensuring favorable
volunteer experiences. The focus of this job was managing a young and inexperienced staff and training them to be
effective leaders, all while keeping a large construction company running (with a multi - million dollar budget).
CARPENTER/CREw LEADER JANUARY 2006 -MAY 2006
Myriam Enterprises Keystone, CO
Lead carpenter for an elite custom homebuilder in Summit County Colorado (building multi- million dollar, log
vacation homes). Responsible for leading a small crew through daily activities from framing to finish carpentry.
PROJECT MANAGER JUNE 2005 - JANUARY 2006
Loft Dweller Design Denver, CO
Designer, builder, and manager of loft apartment renovations in downtown Denver.
SUPERINTENDENT MAY 1993 -MAY 2005
Mesa Wood Ltd. Washington, PA
Began working in the summers through high school and college with my family business as a carpenter /laborer,
progressing up through foreman to superintendent. Most recently, my responsibilities included subcontractor
relations, scheduling, estimating, doing lumber takeoffs, ordering, editing blueprints, design work, leading crews, and
supervising the on -site construction of high end custom homes.
VOLUNTEER EXPERIENCE
• Over The Edge, Raleigh — Rappelled from the top of the Wells Fargo Building to raise money for Special Olympics
• Vice President, MPA Social Organization (organized service events, networking, and professional development)
• Surfer's Healing, Special Olympics, Habitat for Humanity, Walk America, The Nature Conservancy, Surfrider
Foundation, Alternative Spring Break, Lowcountry Alzheimer's Walk, ALS Walk, Historic Wilmington Foundation
• WonbyOne, Harmons Jamaica: Led volunteer crews to build affordable housing in rural Jamaica on several trips
• Guide for Coil leadership backpacking retreats, focusing on outdoor skills, leadership, and environmental education.
• Facilitator for Group Counseling — co-leader of a mindfulness -based stress relief group at the College of Charleston
• Leader for Freshman pre - orientation (2008 and 2009) emphasizing team building and environmental initiatives
• Founder/Director - College of Charleston LateNight!, an organization dedicated to providing non - drinking alternatives
to College Students on Weekend nights. Ran the organization, secured grant funding, and oversaw reporting.
• Finca Bona Fide, Ometepe, Nicaragua (summer 2008) — traded construction knowledge and experience (by building
bamboo and timber structures) for extensive knowledge of Pennaculture and Agroforestry design and implementation
AWARDS/HONORS
• Habitat for Humanity Award for Overall Leadership
• Honor Graduate (MPA and BA)
• Pi Alpha Alpha, the National Public Administration Honor Society
• Pi Sigma Alpha, the National Political Science Honor Society
• Lambda Sigma National Honor Society
• Rotary Award for Academic Achievement
• American Legion Award for Leadership
RELEVANT TRAINING /SKILLS /INTERESTS
• Well Rounded Builder with new construction, renovation, handicap accessibility, and fine woodworking experience
• Certified GIS Analyst/ Programmer with proficiency in modeling, map building, and statistical analysis
• SmartCode Training — Congress for the New Urbanism — transect based zoning and development seminar
• Historic Wilmington Foundation — Preservation Easements Committee Member
• Chairman of the Housing Implementation Committee for HUD's CHOICE Neighborhood Initiative
• Media and Public Relations Training — New Orleans Area Habitat for Humanity
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 8
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175 E<
Telephone n, 10 284°3 COMMITTEE APPLICATION
telephone (910) 798 -7149
FAX (910) 798 -7145
Board/Committee: New Hanover County Zoning Board of Adjustment
Name: Colin J. Tarrant E -Math. colin.tarrant@smithmoore law. tir4
Home
Addra= 7842 tilde Pond Road Wilmington 26411
to
Mailing Address if dwerent:
(Uy) (Z4D Cone)
Home phone: n/a Fax. 910- 815 -7232
Cell. 919 -414 -2684 Business: fr% N&)Ze
Years living in
— Z�a97i�5i�c�.
New Hanover County: 5 Male: ✓ Female; Race: caucasion
(Information for the purpose of assuring a cross - section of the community)
Age: 31
Do you have a family member employed by Now Hanover County? K yes, name n/a
Employer n/a
A person curm"y enWbyed by the agency or deperhnsn< for whith fts appocalon is made, must mogn Ns#w posgon jWth New Hanover upon appoinhnent in
axordanoe with Arficle Vt Sec. 4 of Me New Hanover County Aer"Mel polky. FwMronnors, appficanf should have no Irrrnedste famNy memberernployedby such lgency or
depenbnenl.
Occupation: Attorney
ProfesslonalActivides: state /County Bar Assocs., Young Lawyers Assoc., Leadership Wilmington
Volunteer Activities: Coach - Cape Fear Soccer Assoc.
Why do you wish to serve on this boarftommittee? - To lend my knowledge and expertise to the
community and to do my part in making New Hanover County a great place to live and work.
Conflict at meteor f a board member belie -, h&Ww has o cw*id or p)iwoel cwfid of infe mi on a.
particular lasuo. Moat member alauld state dis bare/ k The aEher
MWWNM d hfmfwr ►esPecllve board during a pubic meeting. The member should state Mw nature of the �fnct de dNM Man harshe has a separate, private, or rnanetary
lrtarest efMwr dract orindrec; in We iswe under cmmidarafon. The membershould dwn excuse Wrds rA4ersellfiom w
6r+g on Mw matter.
What areas of concem would you like to see addressed by this committee? Proper application of the
standards as Set out in the statutes and county ordinances and consistancy.
Qualifications forserving: License Attorney practicing predominantly in land use and real
estate litigation. Zxperience in zoning matters representing clients.
Other municipal or county boards/committees on which you are serving: None n r r fir,
I 10
1 -11 List three local personal references and phone numbers: OCT 2 5 20
1. Michael Lee (910)815 -7121
2 Ken Shanklin (910) 762 -9400 NEV; IIVJOVFR CO
- AD Of
3. Steve Bright (910)763 -5350
D,Oto October 20, 2011 Signature
App/kWWs are kept on Me nor It montbs t understand that any board or committee appointee may be remove,'
cause by a m4ority of County Commissioners.
wNho
Please use reverse side for additional comments ut
Board of Commissioners - November 17, 2014
ITEM: 17- 3 - 9