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Agenda 2015 10-19AGENDA r NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC JONATHAN BARFIELD, JR., CHAIRMAN - BETH DAWSON, VICE - CHAIRMAN SKIP WATKINS, COMMISSIONER - WOODY WHITE, COMMISSIONER - ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER - WANDA COPLEY, COUNTY ATTORNEY - TERESA ELMORE, CLERK TO THE BOARD OCTOBER 19, 2015 3:30 PM CLOSED SESSION Pursuant to North Carolina General Statute 143- 318.11(a)(3) to Consult with the County Attorney Regarding a Matter of Potential Litigation (30 minutes) MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Rev. Dr. Thomas C. Barnett, St. John's Episcopal Church) PLEDGE OF ALLEGIANCE (Commissioner Skip Watkins) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of 2016 Schedule of Agenda Review and Regular Board of Commissioners Meetings 3. Adoption of a Resolution Authorizing the New Hanover County Register of Deeds to Permanently Add a New Hanover County Bond Ledger Into the Collection of New Hanover County Register of Deeds Records 4. Adoption of Fire Prevention Week Proclamation 5. Adoption of 2015 Food Day Proclamation 6. Adoption of Adoption Awareness Month Proclamation 7. Approval of Six Donations for Accession into the Museum's Permanent Collection 8. Approval of Charge of 2015 Levy 9. Approval of Monthly Collection Reports for July 2015 10. Approval of 2005 Write Off Request 11. Approval of NC Education Lottery Applications in the Amount of $1,573,000 for 2015 -16 Capital Construction Projects 12. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 15 13. Presentation of Service Awards and Introduction of New Employees Board of Commissioners - October 19, 2015 10 14. Consideration of Approval to Apply for Phase II of Trillium Health Resources Play Together Construction Grant to Replace the Hugh MacRae Playground 5 15. Consideration of Domestic Violence Awareness Month Proclamation 5 16. Consideration of Approval to Exchange Six (6) Used 2013 Harley - Davidson Motorcycles for Six (6) New 2016 Harley- Davidson Motorcycles 10 17. Consideration of Resolution in Support of the Stepping Up Initiative — a National Initiative to Reduce the Number of People with Mental Illnesses in Jails 10 18. Consideration of Inter - Agency Governance Agreement on the Handling of School Offences 10 19. Double the Impact - CJS Prevention Services Presentation 10 20. Consideration of Lease Agreement and Interlocal Agreement Regarding Sales Tax with the New Hanover County School Board 10 21. Consideration of Award of Bid to ThyssenKrupp Elevator Corporation for Modernization of Elevators at the NHC Judicial Building 15 22. Consideration of Exercising Option to Purchase Ogden Fire Station 16 Located at 7375 Market Street 10 23. Consideration of Bald Eagle Lane Project Final Cost Determination Resolution 40 24. Public Hearing Rezoning Request (Z -944, 9/15) — Request by Cindee Wolf of Design Solutions on Behalf of the Property Owners, TF Holdings Ltd. Partnership, LLC, Rachel Trask Gonsalves Heirs, and New Beginning Christian Church, Inc., to Rezone 73.08 Acres Located at the 3000 block of Blue Clay Road from R -20, Residential District, to R -10, Residential District 5 25. Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 26. Acknowledgement of New Hanover County State of Emergency and Termination of State of Emergency in the County of New Hanover Proclamations 10 27. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 28. 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. Board of Commissioners - October 19, 2015 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 - October 19, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Regular Meeting held on September 14, 2015 Agenda Review Meeting held on October 1, 2015 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Commissioners PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore SUBJECT: Adoption of 2016 Schedule of Agenda Review and Regular Board of Commissioners Meetings BRIEF SUMMARY: After review and discussion, the attached draft schedule of Agenda Review and Regular Meetings is submitted for adoption. Please note the following: • Wednesday, December 30, 2015 — Agenda Review meeting to be held on Wednesday to accommodate New Year's Eve on Thursday and holiday on Friday. • Tuesday, January 19th Regular meeting to be held on Tuesday to accommodate the Martin Luther King, Jr. Day holiday on Monday. • Tuesday, July 5th — Regular meeting to be held on Tuesday to accommodate July 4th holiday on Monday. • Monday, August 22nd Regular meeting to be held on the fourth Monday instead of the third Monday to accommodate NCACC Annual Conference. • Tuesday, September 6th — Regular meeting to be held on Tuesday to accommodate Labor Day holiday on Monday. • Thursday, November 10th and Monday, November 14th — One Agenda Review meeting and Regular meeting to accommodate Election Day, November 8th. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the 2016 Calendar of Agenda Review and Regular Board of Commissioners Meeting. ATTACHMENTS: 2016 Schedule of Agenda Review and Regular Board of Commissioners Meetings Board of Commissioners - October 19, 2015 ITEM: 2 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 2 ID]CZ,179 . 9 (!. /6V #/5. 49 "/!2$/ & #/- - )33)1. V3 2016 ! 13*40 2.apI'AW 2.13,•05- **4@8 3£9�§p *> 113•,%° 2•aK !13 -A§0 2•a0Z 4@E44-2: 2-/311":5- • • # Dates 2.81j'b <- •• Times # 5•!g• 2M (XXv 67 &A@6rd3.%..U&M 665, WednesdayW • EyEl&a❑ ❑ °° y - 0% ° TTW,�Wj ° :5rr 4 ❑1Ci❑ jg . 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Aft, Winston-Salem, NC Board of Commissioners - October 19, 2015 ITEM: 2 - 1 - 1 s• ¢:5p° :5H ❑a ❑❑V5d❑❑❑ - ° TT ❑ ❑ ❑❑ A rl £¥ §° * 4" $ LP *p"TT 22- 25V5d❑❑❑ ! pf3p�❑a ❑❑W❑❑❑ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer and Tammy Beasley, Register of Deeds CONTACT(S): Lisa Wurtzbacher and Tammy Beasley SUBJECT: Adoption of a Resolution Authorizing the New Hanover County Register of Deeds to Permanently Add a New Hanover County Bond Ledger Into the Collection of New Hanover County Register of Deeds Records BRIEF SUMMARY: Staff requests a resolution for a historic New Hanover County bond ledger to be added to the New Hanover County Register of Deeds records. This bond ledger contains manual records of payments for bonds issued from 1902 and later. The bonds referenced in this ledger have been paid in full and are no longer outstanding. The finance department does not require use of these records and recommend they be stored by the Register of Deeds Tammy T. Beasley. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION Authorization for the New Hanover County Register of Deeds to Permanently Add a New Hanover County Bond Ledger Into the Collection of New Hanover County Register of Deeds Records WHEREAS, the New Hanover County Finance Department is in possession of a bond ledger (the "Document ") detailing payments for certain bonds dating back to 1902; and WHEREAS, the Document is no longer needed by the New Hanover County Finance Department as these bonds are no longer outstanding and have been fully paid; and WHEREAS, New Hanover County believes this document to be an important historical record and New Hanover County believes it is our obligation to maintain and preserve historical information to ensure that all future generations have access to historical information and data; and WHEREAS, New Hanover County has taken the responsibility to add this book in the Register of Deeds office. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby authorize and sanction New Hanover County Register of Deeds Tammy Theusch Beasley to permanently add the New Hanover County Bond Ledger. ADOPTED this the 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief and Frank Meyer. Deputy Fire Chief CONTACT(S): Frank Meyer SUBJECT: Adoption of Fire Prevention Week Proclamation BRIEF SUMMARY: A proclamation was submitted for the October 5th agenda to recognize the week of October 4 -10, 2015 as Fire Prevention Week with the theme "Hear the Beep Where You Sleep; Every Bedroom Needs a Working Smoke Alarm ". Since the October 5th and October 19th meetings were combined, Fire Prevention Week has already occured, but staff wishes to recognize the activities and outreach that took place to bring awareness to our community about fire safety. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention • Provide health and wellness education, programs, and services • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: 2015 Fire Prevention Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FIRE PREVENTION WEEK PROCLAMATION WHEREAS, New Hanover County is committed to ensuring the safety and security of all those living in and visiting our county; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, half of all fire deaths occur at night between the hours of 11:00 p.m. and 7:00 a.m. when people are most likely to be sleeping; and WHEREAS, one quarter of home fire deaths were caused by fires that started in the bedroom; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half, and WHEREAS, New Hanover County residents should install smoke alarms outside each bedroom and sleeping area and on every level of the home including the basement; and WHEREAS, New Hanover County residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2015 Fire Prevention theme, "Hear the Beep Where You Sleep; Every Bedroom Needs a Working Smoke Alarm" effectively serves to remind us that we need working smoke alarms near every sleeping area to give us the time to get out safely. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 4 -10, 2015 was recognized as "Fire Prevention Week" in New Hanover County. All the people of New Hanover County were urged to install smoke alarms outside of all sleeping areas and test monthly, replace any smoke alarm that is more than 10 years old, and to support the many public safety activities and efforts of New Hanover County Fire Rescue during Fire Prevention Week 2015. ADOPTED this the 19th day of October, 2015 NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Planning PRESENTER(S): Wanda Coston, Community Development Planner CONTACT(S): Wanda Coston and Chris O'Keefe, Planning and Inspections Director SUBJECT: Adoption of 2015 Food Day Proclamation BRIEF SUMMARY: Food Day, which takes place every October 24, is a nationwide celebration and movement with the goal to inspire Americans to change their diets and our food policies. The celebration and movement is also to promote affordable, healthy and sustainable food. The focus of Food Day 2015 will be on greener diets as a means to address health and environmental issues. Board of Commissioners Chairman Jonathan Barfield, Jr. and the City of Wilmington Mayor Pro -Tem Margaret Haynes will participate in Food Day on Friday, October 23, 2015 by presenting proclamations recognizing Food Day in New Hanover County and the City of Wilmington. The welcome session and proclamation recognition will begin at 11:30 AM at the Amphitheatre located in front of the Fisher Student Union on the UNCW campus, 601 South College Road, Wilmington. Events are planned from 11:30 AM — 2:00 PM and are free and open to the public. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services • Support programs to improve educational performance • Keep the public informed on important information • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Food Day 2015 Proclamation Food Day 2015 Agenda Food Day 2015 Invitation Food Day 2015 Flyer COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - October 19, 2015 ITEM: 5 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOOD DAY PROCLAMATION WHEREAS, the health and well -being of our citizens is of primary concern for New Hanover County; and WHEREAS, promoting safer, healthier diets is a critical factor in improving citizens' overall health; and WHEREAS, supporting sustainable family farms and local agriculture benefits the local economy; and WHEREAS, obtaining fair pay and safe conditions for food and farm workers is beneficial for both the producer and consumer so that the food we produce and consume is safe and fair for all; and WHEREAS, expanding access to food and reducing hunger is of critical importance to aid those who live in food deserts; and WHEREAS, reforming factory farms to protect the environment and farm animals is necessary to sustain future generations. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 24, 2015 be recognized as "Food Day" in New Hanover County. ADOPTED this 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 5 - 1 - 1 I FEAST dOW N EAST 0 `r INCWT WILMINGTON October 23rd, 2015 UNC WILMINGTON -.J& CENTER FOR campusdining "Science IN THE Public lnt rest * �aF ASIA ■ IC COOPERATIVE EXTENSION frrWOwe .:<I.eq SOhNiM3 FOOD CORPS opA // F!1'1LUT /OA/ YLI� LONGWAVE YOGA U ...R51TY n(NS)RIII CAP(111Nq WII.MINGlilh CMS COI LEGE of HEALTH:: HUMAN SE—CES 4ASP (:TAL Q Cnrt F1'nK CR—OP MOB ® PROGRESSIVE FARMS www. FarmProgreszive.com V. HOUSING GE YO(,p GRUB n4 ............+. `W �roG� Yo�P� I 4w NOURlSHNC o.K Lex Hen ®.y ennd WHOLE l a 1 O�� S U R F H O U S E FOODS = 515TKO= Board of Commissioners - October 19, 2015 ITEM: 5 - 2 - 1 FOOD BAN K OF [E t L G EASTERN NORTH CAROLINA Chrysal is Gaoler for COUneefr.g a I_n11nP lazolasl neelmem Parnrwo�Cr l{rahh Program Food Day is a nationwide celebration and a movement toward more healthy, affordable, and sustainable food culminating in a F003 DAY day of action on October 23rd every year. Food Day aims to help people move TOWARD A GREENER DIET. Use today to start - or celebrate - eating a healthier diet and educating OCTOBER 23, 2015 yourself about our food system. Masonboro Island Room 2011, UNCW Fisher Student Center 9:00 -9:45 am "Sugar High" — Ryanna Battiste & Liz Flint - Somerville, Grub 9:45 -10:15 am "Intuitive Eating" — Courtney Simmons, Chrysalis Center & Chelsea Smart, UNCW Campus Dietitian 10:15 -10:45 am "Eat Clean, Save Green" — Emily Kraft, Food Bank of CENC & Morgan McKnight, Brunswick County Cooperative Extension 10:45 -11:30 am "Closer to Your Food — Healthy Food Access on Campus ", Matt Rogers, UNCW Campus Dining Amphitheater, UNCW Campus 11:30am — 12:00pm Welcome Session & Proclamations Jane Steigerwald, Executive Director, Feast Down East Jose V. Sartarelli, Chancellor, UNCW Dr. Justine Reel, Associate Dean and Professor, College of Health & Human Services Margaret Haynes, Wilmington Mayor Pro -Tem - Food Day Wilmington 2015 Proclamation Jonathan Barfield, Jr., Chairman, New Hanover County Board of Commissioners — NHC Food Day 2015 Proclamation Lunch options featuring locally sourced produce can be found at: • Green Spot in Hawk's Nest, Fisher University Union — price varies by meal choice • Dub's Cafe, Warwick Center - $7 for all -you- can -eat 12:00 —2:00 pm Sustainable Food Fair and Food Drive — Outdoor Iron Chef Competition Feast Down East — Food Corps Kale Eating Competition $2 Meals / NC 10% Campaign "Eat Real!" Photo Booth Container Gardens by Shelton Herb Farm Tidal Creek Food Co -op Cape Fear Resource Conservation & Development Progressive Farms New Hanover County Health Department Brunswick Family Assistance ? ?? NourishNC Child Hunger Program Raffles and more.... DONATE A FRESH OR NON - PERISHABLE FOOD ITEM AND RECEIVE A RAFFLE TICKET! All collections we be donated to the Food Bank of Central & Eastern NC. Location TBD 7:00 — 9:00 pm Free outdoor screening of the documentary "Food Stamped" /"The Garden" Food truck(s) — Vittles, Catch The following local restaurants & cafes will be celebrating FOOD DAY 2015 with specials and promotions: Catch Surf House — Carolina Beach Tidal Creek Food Co -op Cafe Hawk's Nest & Dub's Cafe — UNCW Campus Dining Kornerstone Bistro Whole Foods Market Wilmington ITEM: 5 - 2 - 2 CID 72 . 0 o >-M, Z O C7 Z J a 0 D O O LL r O N 0 Al LL 0 0 N 0 a� o E *a o E a) -0 U � z o c a) C� 4-0 ■ 0 0 4R. D U) 0 4- cz CD L 0 IWO q A tz CL cn a r �m W a �JJ J I a 3 N N O LE I i C L(7 U) 0 O � 0� O 0 0 m 0 Lu O m IME 0 LL -0 ARD A GREENER DIET October 24th Board of Commissioners - October 19, 2015 ITEM: 5 - 4 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: DSS PRESENTER(S): Wanda Marino, Assistant Social Services Director and Michelle Winstead, Social Services Director CONTACT(S): Wanda Marino SUBJECT: Adoption of Adoption Awareness Month Proclamation BRIEF SUMMARY: November is Adoption Awareness Month. A proclamation has been submitted for consideration and approval by the County Commissioners. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Adoption Awareness Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTION AWARENESS MONTH PROCLAMATION WHEREAS, every child deserves the chance to grow up in a loving, stable family; and adoption is a beautiful way to build a family; and an estimated 51,000 children were adopted nationwide from a public agency in 2014; and WHEREAS, adoption is the goal for many special needs children in foster care; and there are an estimated 101,840 children nationwide and an estimated 2,400 foster children in North Carolina waiting to be adopted annually; and WHEREAS, some special needs children are teenagers, and some have physical, emotional and behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused and /or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together. They need our care and they need security; and WHEREAS, many children find permanent homes through adoption by their foster families or relatives, thereby creating an ongoing need for new foster and adoptive families; and 55 children in New Hanover County found permanence through adoption this past year. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November will be recognized as "Adoption Awareness Month" in New Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their commitment to children and encourages our community to honor the special needs of New Hanover County's children in hopes of securing a permanent, loving family for each and every child regardless of race, age, gender, health, emotional or behavioral condition or past distress. ADOPTED this the 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Museum PRESENTER(S): Barbara L. Rowe, Museum Curator CONTACT(s): Barbara L. Rowe SUBJECT: Approval of Six 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 six donations to be added to the Museum's permanent collection. Donations are carefully documented. The Curator reviews each item's provenance, condition, relevance to the collection, potential for exhibition, and room required for storage. A report on each object is reviewed carefully by the Director and Collections Committee. The objects presented have passed this scrutiny and were approved by the Museum Advisory Board at the meeting on August 19, 2015. Each item offered has a special story to preserve. From a collection of 1950s -1990s household items from a local African American family to a 1940s North Carolina Shipbuilding worker's ID badge, 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: Accept six donations of regional artifacts into the Cape Fear Museum Permanent Collection. ATTACHMENTS: NHC Accession Chart COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 7 p Cz O Qa V] O U L Cz 0 0 a O .V V U U � U I p a p�z Q'a a , N � V o �(i(?`� z E•V s CA N a ® a LL C�j V) LL a i 3s O Ilm is . f)q 1p U �d� G`�rlN -. C -- 3 Z w n i o f a ° .9 O z • Imo X° v 4 I F ei 5c O '�Cllj WAS, - e C�j C�j \ V) yak a V] e 8 Bc x O N O C�j C�j U O O 0 cli C�j O N O �. U O O � C�j U C:� O , -c4 O � y� U ','j C�j Q O N M s. bA O �, O N O O s. cd � N R O U N U v) = Z O.. �, O s. O P- W= °'a It u ° N a)E�v) O o C) � o W o v� o ) U [�- �° o U U P T � N U 7 Z N U Ln > CI� a) Q. �) Q. • • • • • M� • • • • • • • • • • • • • O O M • • • • • W O O Board of Commissioners - October 19, 2015 5 Z ITEM: 7- 1- 1 p U CC 0 W' 0 U L Cz 0 0 a 0 s' U 0 U° xU z C�j a� a� � o � U � U � � U CG N bA _C�j O U Cd O Cd r CA C�j N N CA C�j�" CA C�j z Cd V o CG � �a o C o _ C W C�j U V C�j O �.� �. z C�j w CJ CA CA ^O a 0C�j O v O O O Q Q Cd Q Q Q Q N _U N N CA Cd CA CA CA �Q - UO Cd Cd Cd W H A 0 0 Board of Commissioners - October 19, 2015 5 ITEM: 7- 1- 2 N p cz 0 W' 0 U L cz 0 0 P� 0 s' U 0 Dctober 19, 2015 a� 0 � o CA a� CG O + zS N C bA c� N S-y C ,Si z� CA oz o � CA o V U U � O U z cn CA w�CA zS o �. a� ap n� F� a� O e � � o oa z w r� A CA �00 011 Board of Commissioners - o ITEM: 7 - 1 Dctober 19, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, County Manager CONTACT(S): Roger Kelley, Collector of Revenue SUBJECT: Approval of Charge of 2015 Levy BRIEF SUMMARY: As required by NCGS 105- 321(b) the Board of Commissioners shall order the tax collector to collect the taxes charged in the tax records and receipts. A charge sheet is attached. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Provide sufficient investment to add /maintain government resources RECOMMENDED MOTION AND REQUESTED ACTIONS: Charge Collector with the collection of the 2015 levy. If approved, the Chairman, Clerk and Collector must sign the charge sheet. ATTACHMENTS: 2015 Charge of Levy COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 8 October 5, 2015 State of North Carolina County of New Hanover To the Collector of Revenue of New Hanover County: You are hereby authorized, empowered and commanded to collect the taxes set forth in the tax records filed in the office of the Tax Administrator and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of New Hanover and all jurisdictions therein and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers for and on account thereof, in accordance with the law. Witness my hand and official seal this 191h day of October 2015. Jonathan Barfield, Jr., Chairman New Hanover County Board of Commissioners Attest: Teresa P. Elmore, Clerk to the Board New Hanover County I, Roger L. Kelley, Collector of Revenue of New Hanover County, hereby acknowledge receipt of tax books for real estate and personal property of for Cape Fear, Federal Point, Carolina Beach, Kure Beach, Harnett, Wrightsville Beach, Masonboro and Wilmington Townships for New Hanover County. Roger L. Kelley, Collector of Revenue New Hanover County Board of Commissioners - October 19, 2015 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Tax PRESENTER(S): Roger Kelley, Tax Administrator CONTACT(S): Allison Snell, Assistant Tax Administrator SUBJECT: Approval of Monthly Collection Reports for July 2015 BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. The 2014 and 2015 July totals are not comparable as the 2014 property tax bills were not generated until August 2014 where as the 2015 property tax bills were generated in July. August totals for 2014 and 2015 should be comparable. The report for July 2015 in comparison to July 2014 is as follows New Hanover County Current Year July 2014 Real Property 0.12% 0% Personal Property 0% 3.55% Motor Vehicle 100% 49.95% Overall Collection Rate .77% 17.22% Total collected YTD $1,154,419.27 $10,722.59 Fire District Current Year Julv 2014 Real Property 0.12% 0% Personal Property 0% 5.20% Motor Vehicle 100% 68.27% Overall Collection Rate 1.05% 22.77% Total collected YTD $71,493.98 $1,350.55 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hanover County Monthly Collection Report for July 2015 New Hanover County Fire District Monthly Collection Report for July 2015 Board of Commissioners - October 19, 2015 ITEM: 9 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 9 New Hanover County Monthly Collection Report for ,luly 2015 Current Year 2015 Scroll/Billed Abatements Adjustments Foal Estate Personal Property Motor Vehicles Combined $ 149,615,662.97 $ (825,056.12) $ 53.90 $ 25,191.78 $ - $ - $ 970,119.04 $ - $ - $ $ $ 150,610,973.79 (825,056.12) 53.90 Total Taxes Charged Collectionsto Date Write -off $ $ $ 148,790,660.75 176,174.85 - $ $ 25,191.78 - $ $ $ 970,119.04 970,119.04 - $ $ $ 149,785,971.57 1,146,293.89 - Outstanding Balance $ 148,614,485.90 $ 25,191.78 $ - $ 148,639,677.68 Collection Percentage - 0.12 20,023.16 - $ 100.00 $ 0.77 M TD I nterest Collected $ 921.63 $ - $ 7,203.75 $ 8,125.38 $ 10,273.36 $ 180,072.27 Write -off $ - $ - Total 2014 CollectionsYTD $ 1,154,419.27 Prior Years 2005 -2014 Peal Estate Parsonal Property Motor Vehicles Combined Scroll $ 1,826,059.15 $ 3,119,974.31 $ 1,249,783.82 $ 6,195,817.28 Abatements $ (3,701.32) $ (9,213.32) $ (111.38) $ (13,026.02) Adjustments $ 20,023.16 $ - $ - $ 20,023.16 Total Levy $ 1,842,380.99 $ 3,110,760.99 $ 1,249,672.44 $ 6,202,814.42 Collectionsto Date $ 153,915.89 $ 15,883.02 $ 10,273.36 $ 180,072.27 Write -off $ - $ - $ - $ - Outstanding Balance $ 1,688,465.10 $ 3,094,877.97 $ 1,239,399.08 $ 6,022,742.15 MTD Interest Collected 1 $ 12,980.701 $ 1,648.751 $ 5,032.331 $ 19,661.78 Total Prior Year Collections YTD $ 199,734.05 Grand Total All CollectionsYTD $ 1,354,153.32 NEW HANOVER COIJNTY Chairman Clerk to the Board Date Board of Commissioners - October 19, 2015 ITEM: 9 - 1 - 1 New Hanover County Fire District Monthly Collection Report for ,luly 2015 Current Year 2015 Scroll /Billed Abatements Adjustments Foal Estate Personal Property Personal Motor Vehides Combined $ 6,780,389.76 $ (70,820.67) $ 31965.33 $ 408.65 $ - $ - $ 62,866.91 $ - $ - $ $ $ 6,843,665.32 (70,820.67) 3,965.33 Total Taxes Charged Collectionsto Date Write -off $ $ $ 6,713,534.42 8,151.45 - $ 408.65 $ - $ - $ $ $ 62,866.91 62,866.91 - $ $ $ 6,776,809.98 71,018.36 - Outstanding Balance $ 6,705,382.97 $ 408.65 $ - $ 6,705,791.62 Collection Percentage 138.52 0.12 - $ 100.00 $ 1.05 YTD Interest Col I ect ed $ - $ - $ 475.62 $ 475.62 Total 2014 CollectionsYTD $ 71,493.98 Prior Years 2005 -2014 Foal Estate Personal Property Motor Vehides Combined droll $ 98,480.92 $ 156,444.18 $ 59,228.00 $ 314,153.10 Abatements $ (480.09) $ (225.59) $ - $ (705.68) Adjustments $ 138.52 $ - $ - $ 138.52 Total Levy $ 98,139.35 $ 156,218.59 $ 59,228.00 $ 313,585.94 Collectionsto Date $ 8,183.24 $ 516.67 $ 532.97 $ 9,232.88 Write -off $ - $ - $ - $ - Outstanding Balance $ 89,956.11 $ 155,701.92 $ 58,695.03 $ 304,353.06 YTD 1 nt erest Col I ect ed $ 765.65 $ 47.92 $ 230.49 1 $ 1,044.061 Total Prior Year Col lections YTD $ 10,276.94 Grand Total All CollectionsYTD $ 81,770.92 NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - October 19, 2015 ITEM: 9 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Tax PRESENTER(S): Roger Kelley, Tax Administrator CONTACT(S): Allison Snell, Assistant Tax Administrator SUBJECT: Approval of 2005 Write Off Request BRIEF SUMMARY: Request the New Hanover County Board of County Commissioners to release the levy for tax year 2005 from the charge as the 10 -year statute of limitations prohibits the Collector from using forced collection measures to collect these taxes. The total amounts deemed insolvent and uncollectible are as follows: New Hanover County $ 266,105.28 New Hanover County Fire District $ 9,129.92 Carolina Beach $ 8,087.58 Kure Beach $ 1,120.89 City of Wilmington $ 106,958.28 Wrightsville Beach $ 1,275.29 Sum = $392,677.24 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Release the levy for tax year 2005. ATTACHMENTS: 2005 Write off request COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. K ]►1101 Fs`f11 M►1I1.MAT I Y 161►6`A Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 10 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 19th day of October, 2015, Collector of Revenue, Roger Kelley, asks the New Hanover County Board of County Commissioner's to release the levy for tax year 2005 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. 2005 Real Estate Personal Property Motor Vehicles Total New Hanover $ 7,483.77 $ 104,957.49 $ 153,664.02 $ 266,105.28 Fire District $ 290.25 $ 3,683.05 $ 5,156.62 $ 9,129.92 Carolina Beach $ 361.76 $ 4,267.51 $ 3,458.31 $ 8,087.58 Kure Beach $ 558.67 $ 562.22 $ 1,120.89 Wilmington $ 2,544.44 $ 33,868.02 $ 70,545.82 $ 106,958.28 Wrightsville Beach $ 899.10 $ 376.19 $ 1,275.29 As requested the New Hanover County Board of County Commissioner does hereby release the levy for tax year 2005 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. Jonathan Barfield, Jr., Chairman New Hanover County Board of Commissioners - October 19, 2015 ITEM: 10-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Finance PRESENTER(S): Beth Schrader, Chief Strategy and Budget Officer CONTACT(S): Beth Schrader SUBJECT: Approval of NC Education Lottery Applications in the Amount of $1,573,000 for 2015 -16 Capital Construction Projects BRIEF SUMMARY: Capital construction needs were identified and considered in the FY 2015 -16 capital budget process. The capital budget was approved by the Board of Education on August 4, 2015, and includes these projects to be funded through the Public School Building Capital Fund, North Carolina Education Lottery. Although included on the prioritized list, NC Education Lottery funds may not be used on NC Pre -K facilities (Howe). Instead, the school system has included Sidbury Road improvements in the application. The Sidbury Road site, formerly The Rock Church and purchased by the school system in 2014, will be used as a swing site during College Park Elementary School replacement and as a future middle school site. Renovations for the elementary school are funded through the Public School Building Capital Fund, North Carolina Education Lottery. A separate project application is included to fund roadway improvement along Sidbury Road at the school's entrance drive and the intersection of Sidbury Road and Dairy Farm Road. Wrightsboro - Floor Replacement / Repair $54,000 Laney - Painting $180,000 Various — Fire Alarm Panel Replacement $36,000 Eaton and Codington — Carpet Replacement $144,000 Bradley Creek — Water Heaters $56,000 Bellamy - Painting $80,000 Williams — Construction of Service Ramp $45,000 Laney — Restroom Renovations $425,000 Bellamy and Murray — Traffic Improvements $80,000 Sidbury Road — Road improvements $473,000 Total $1,573,000 Currently, the unallocated NC Education Lottery balance for New Hanover County Schools is $2,856,858. These current applications total $1,573,000. Applications previously submitted to the NC Department of Public Instruction that are not allocated total $1,053,569. If all projects in this application are approved the unallocated balance will be $232,289. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget Board of Commissioners - October 19, 2015 ITEM: 11 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of applications for the following projects: Wrightsboro - Floor Replacement/Repair Laney - Painting Various Sites - Fire Alarm Panel Replacement Eaton and Codington - Carpet Replacement Bradley Creek - New Gas Fired Water Heaters Bellamy - Painting Williams - New Service Ramp Laney - Restroom Renovations Bellamy and Murray - Traffic Improvements Sidbury Road Elementary /Middle - Roadway Improvements ATTACHMENTS: Education Lottery Applications COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 11 APPENDIX Q NEW HANOVER COUNTY BOARD OF EDUCATION September 1, 2015 Operations Division Item: NC Education Lottery Applications for FY 2015 -16 Capital Construction Projects Background/Historical Context: Capital construction needs were identified and considered in the FY 2015 -16 capital budget process. The capital budget was approved by the Board of Education on August 4, 2015, and includes these projects to be funded through the Public School Building Capital Fund, North Carolina Education Lottery. The Sidbury Road site will be used as a swing site during College Park Elementary School replacement and as a future middle school site. Renovations for the elementary school are funded through the Public School Building Capital Fund, North Carolina Education Lottery. A separate project application is included to fund roadway improvement along Sidbury Road at the school's entrance drive and the intersection of Sidbury Road and Dairy Farm Road. Recommendation: Approval of applications for the following projects: • Wrightsboro - Floor Replacement/Repair • Laney - Painting • Various Sites - Fire Alarm Panel Replacement • Eaton and Codington - Carpet Replacement • Bradley Creek - New Gas Fired Water Heaters • Bellamy - Painting • Williams - New Service Ramp • Laney - Restroom Renovations • Bellamy and Murray - Traffic Improvements • Sidbury Road Elementary /Middle — Roadway Improvements Rationale for Recommendation: Projects included in these applications are consistent with needs identified in the capital budget process and the FY 2015 -16 Capital Budget. Short and Long Term Impact: Projects are essential to maintaining a safe, healthy, and orderly environment supportive of academic success, and will improve the operating efficiency of our facilities. Supporting Documentation: A two -year funding priority and revenue summary of the FY 2015 -16 Capital Construction Budget is attached for reference, and applications for the Public School Building Capital Fund, North Carolina Education Lottery Fund are attached for approval and signature. Board Action: Recommendation Accepted Recommendation Rejected Tabled for Further Study Other Board of Commissioners - October 19. 2015 New Hanover County Schools Capital Outlay Summary 2015 -16 & 2016 -17 Summary of Capital Requests: ►t f; ,.:: .. .. $016 to fles 2048 -17 Priorities Total Requests Repairs & Renovations $ 3,738,500 $ 3,529,500 $ 7,268,000 Technology 1,835,100 4,104,600 5,939,700 Furniture & Equipment 304,175 361,1001 665,275 Vehicles 1 304,900 87,900 -W19001- 492,800 Tote! 1 $ 6,182,675 $ 8,183,1001 $ 14,365,775 Capital Outlay Funding Recommendation (2015 -16); FgMnue Source ftepaftwA. Renovations Furniture& Equipment Vehicles Technology Total Lottery $ 1,590,000 1,202,642 $ $ 1,590,000 Capital Fund Balance 110,500 189,500 $ $ 300,000 Child Nutrition Fund Balance 300,000 115,400 $ $ 115,400 State Equip Reserve 550,000 550,000 County Appropriation 1,550,000 164,900 1,285,100 3,000,000 General Fund Balance 598,500 28,775 627,275 Total $ 3,7381500L$__ 304,175 $ 304,900 $ 1,835,100 $ 6,182,675 Lottery Summary: Available as of 2.10.15 $ 200,772 Pending Reversion for Bond Project $ 277,000 Pending Allotment for 14115 1,202,642 $ 1,680,414 State Program 015: Current Reserve $ 250,000 E=stimated 15116 Appropriation 300,000 $ 550,000 Capital Outlay Summary 2015 -16 (11) Board of Commissioners - October 19, 2015 Summary ITEM: 11- 1 - 2 NHCS Facility Request (Requests By Source E IL i t.0catiori Ond 669criptlon of Capltai'Ouff iy . 2015 -18 201647 E 8 v Project . Priorities Priorities 1 Sidbury Rd - Transportation Division $ 115501000 - 1,550,000 11550,000 2 Lakeside - Phase I - Facili demolition $ 348,500 - 348,500 1,898,500 Wrightsboro - Replacement of flooring. 1st 3 * floor $ 54,000 54,000 54,000 1,898,500 4 Lane - Painting $ 180,000 180,000 234,000 1,898,600 Various Schools - Upgrade obsolete Notifler 5 * i fire panels. Phase 3 of 3 $ 36,000 36,000 270,000 1,898,600 6 * Howe - Window re lacement entire facility $ 317,000 317,000 587,000 1,898,500 Codington - Replace 16 yr old carpet in 22 7 classrooms with vinyl flies. Trip hazard. $ 72,000 72,000 659,000 1,898,800 Eaton - Replace 16 yr old carpet in 22 8 * classrooms with vinyl tiles. Trip hazard. $ 72,000 72,000 731,000 1,898,500 Bradley Creek - Replace two heat 9 1 exchangers with gas fired water heaters $ 56,000 56,000 787,000 1,898,500 10 Bellamy - Painting $ 80,000 80,000 867,000 1 1,898,500 Williams - Build new ramp and canopy for 11 back door/ kitchen area $ 45,000 45,000 912,000 11898,500 Laney - Renovate 14 restrooms in the 2 main bldgs. Replace tile, ventilation, partitions, 121 IfIxtures. $ 425,000 425,000 1,337,000 1,898,500 Howe -Rooftop Unit Replacement. Replace 13 7 DX units $ 173,000 173,000 1,510.000 1,898,600 Murray Middle - Add additional lane for traffic 14 * exiting school site $ 40,000 40,000 1,550,000 1,898,500 Bellamy - Construct right turn lane exiting 15 * school on Saunders Road $ 40,000 40,000 1 1,590,000 11898,500 16 * Roe Renovation Contingency $ 250,000 1,590,000 250.0001 2,1+48,500 Playground equipment replacements safety 17 hazards. Phase 3 of 3 $ 100,000 1,590,000 100,000 2,248,500 Sidbury Rd - Transportation Division - Phase 18 it $1,550,000 1,5901000 1,550,000 3,798,600 Lakeside -Phase II- Site repair/ restoration 19 after building demolition $ 465Z000 11590,000 465,000 4,263,500 20 *NHHS - Bro den Hall - Install AC $ 500,000 500,000 2,090,000 4,263,500 lNHHS - Replace cafeteria serving line to 211 improve traffic & participation, decrease theft $ 287,500 287,500 2,377,500 4,263,600 NHHS - Brogden Hall - Remediation & rpl of 22 * the in 1st & 2nd fir hallways $ 177,000 177,000 2,554,500 4,263,500 Winter Park - Repair of seats and flooring in 23 * auditodum $ 64,000 64,000 2,618,500 4,263,500 24 * lVairious Schools - CM lock replacements 1 1 $ 219,000 219,000 2,837,600 4,263,500 25 NHHS - field house floor sealing 1st Floo 1 1 $ 59,0001 2,837,500 59,000 4,322,600 Capital Outlay Summary 2015 -16 (11) Board of Commissioners - October 19, 2015 Facilities ITEM: 11-1 -3 NHCS Facility Request Requests By Source 4VY�IWLHNi/@73&(;itio � �.. i 249114 �� . + _. -' E E Priofittes '.' i] U Bellamy - Replacement of Datalloice cabling 26 °` infrastructure/ removal of eAstin . $ 75,000 75,000 2,912,500 4,322,500 Eaton - Upgrade current phone system to 27 Networked C1X system $ 33.000 33.000 2.945.500 4_a22 _son Total All Capita! Outlay Requests (High Priority) $ 3,738,500 $ 3,529,500 2,945,500 4,322,500 [votes: 9 -Year two capital submitted last year was the starting point for the 2015-16 capital 2 - New items are identified above with an asterick 3 - The only item removed from the list was Winter Park Elementary SchoolRoof Sector B1 Replacement. This item will be considered in the 2014 Bond. Capital Outlay Summary 2015 -15 (111 Board of Commis,�goners - October 19, 2015 Facilities ITEM: 11- 1 - 4 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Sept. 1, 2015 County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Address: 6410 Carolina Beach Rd, Wilmingtob Project Title: Wrightsboro Floor Replacement/ Repair Title: Phone: Director, Facilities (910) 254 -4281 Location: Wrightsboro Elementary School, 2716 Castle Hayne Rd., Wilmington, NC 28401 Type of Facility: Elementary (K -5) North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G S 115C-6462 Further, G S 115C -546 2 (d) has been amended to include the following (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school constructian protects in local school administrative units and to retire indebtedness incurred for school construction protects (5) A county may not use monies in this Fund to pay for school technology needs As used in this section, 'Public School Buildings" shall include only facilities for individual schools that are used for instiuctional and related purposes, and does not include central administration, maintenance; or other facilities. Applications must be submitted within one year following the date of final payment to the Contractor or Vendor Short description of Construction Project: Replacement/ Repair of floor and subfloor on first floor of Buildinq A. Estimated Costs: Purchase of Land $ Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date: March, 2016 54,000.00 $ 54,000.00 Est. Project Completion Date: Dec., 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 54,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G. S. 115C -546. (Signature — Chair, County Commissioners) (Signature— Chair, Board of Educati Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11-1 -5 (Date) (Date) APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY County: New Hanover LEA: New Hanover County Schools Address: 6410 Carolina Beach Rd, Wilmington Project Title: Laney Painting Location Type of Facility North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G S 115C-5462 Further. G.S 115C -546 2 (d) has been amended to include the following (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects (5). A county may not use monies in this Fund to pay for school technology needs Approved: Date: Sept. 1, 2015 Contact Person: Eddie Anderson Title: Director, Facilities Phone: (910) 254 -4281 Laney High School, 2700 N. College Rd., Wilmington, NC 28405 High (9-12) As used in this section, "Public School Buildings" shaA include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration. maintenance or other facilities Applications must be submitted within one year following the date of final payment to the Contractor or Vendor Short description of Construction Project: Interior and exterior painting Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions I Renovations Repair Debt Payment/ Bond Payment TOTAL Estimated Project Beginning Date: May 2016 180,000.00 $ 180,000.00 Est. Project Completion Date: Dec., 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 180,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G. S. 115C -546. (Signature –7 Chair (Signature — Chair, y Commissioners) / (Date) of ducation) (Date) Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11- 1 - 6 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Sept. 1, 2015 County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Address: 6410 Carolina Beach Rd, Wilmington Project Title: Location: Fire Alarm Panel Replacement Title: Phone: Director, Facilities (910) 254 -4281 Holly Tree, Williams,and Wrightsville Beach Elem, Schools & Myrtle Grove Middle School Type of Facility: Elementary (K -5) and Middle (6 -8) North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S 115C -546.2 Further. G S 115C -546.2 (d) has been amended to include the following (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects, (5) A county may not use monies in this Fund to pay for school technology needs As used in this section, "Public School Buildings' shall include only facilities for individual schools that are used for instructional and related purposes. and does not include central administration, maintenance, or other facilities Applications must be submitted within one year following the date of final payment to the Contractor or Vendor Short description of Construction Project: Replacement of obsolete Notifier fire alarm panels at each Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions 1 Renovations Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date: Nov., 2015 36,000.00 $ 36,000.00 Est. Project Completion Date: Dec., 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 36,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G. S. 1150 -546. re -hair, County Commissioners) ' ' (Date) `GIs /�s (Signature - Chair, Board. of Edtation) ' (Date) f Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11- 1 - 7 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Sept. 1, 2015 County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Title: Director, Facilities Address: 6410 Carolina Beach Rd, Wilmington Phone: Project Title: Eaton and Codington Carpet Replacement (910) 254 -4281 Location: Eaton Elementary, 6701 Gordon Rd, Codington Elementary, 4321 Carolina Beach Rd. Type of Facility: Elementary (K -5) North Carolina General Statutes. Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Budding Capital Fund in accordance with G S 115C -546.2 Further. G S 115C -546 2 (d) has been amended to include the following (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities Applications must be submitted within one year following the date of final payment to the Contractor or Vendor Short description of Construction Project: Removal of carpet in classrooms, replace with vinyl tile. Estimated Costs: Purchase of Land $ Planning and Design Services New Construction Additions / Renovations Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date: Nov., 2015 144,000.00 $ 144, 000.00 Est. Project Completion Date: Dec., 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 144,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G. S. 115C -546. Signature Commissioners) — Chair, hoard of Vducation) Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11-1 -8 (Date) (Date) APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Sept. 1, 2015 County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Title: Address: 6410 Carolina Beach Rd, Wilmingtob Phone: Project Title: Bradley Creek Water Heaters Director, Facilities (910) 254 -4281 Location: Bradley Creek Elementary School, 6211 Greenville Loop Rd., Wilmington, NC 28409 Type of Facility: Elementary (K -5) North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolma State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G S 115C -546 2. Further. G.S. 1150 -546 2 (d) has been amended to include the following (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects. (5) A county may not use monies in this Fund to pay for school technology needs As used in this section, 'Public School Buildingsa shall include only facilities for individual schools that are used for instructional and related purposes, and does not Include central administration, maintenance, or other facilities Applications must be submi ted within one year followings the date of final payment to the Contractor or Vendor Short description of Construction Project: Replacement of two heat exchangers with gas -fired water heaters Estimated Costs: Purchase of Land $ Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment TOTAL 56,000.00 Estimated Project Beginning Date: March, 2016 Est. Project Completion Date: Dec., 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 56,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G. S. 115C -546. Signature — air, C u y ommissioners) (Date) r (Signature — Chair, Board of E ucation) (Date) Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11- 1 - 9 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Sept. 1, 2015 County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Title: Director, Facilities Address: 6410 Carolina Beach Rd, Wilmingtob Phone: (910) 254 -4281 Project Title: Location: Bellamy Painting Bellamy Elementary School, 70 Sanders Rd., Wilmington, NC 28412 Type of Facility: Elementary (K -5) North Carolina General Statutes; Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G.S. 1150 -546 2 Further, G S 115C -546 2 (d) has been amended to include the following (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects (5) A county may not use monies in this Fund to pay for school technology needs As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration maintenance. or other facilities Applications must be submitted within one year following the date of final payment to the Contractor or Vendor Short description of Construction Project: Interior and exterior painting Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions 1 Renovations Repair Debt Payment 1 Bond Payment TOTAL Estimated Project Beginning Date: May 2016 80,000.00 $ 80,000.00 Est. Project Completion Date: Dec., 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 80,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G. S. 115C -546. (Signature Chair County Commissioners) (Date) (Signature --- Chair, Board(of Education) Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11-1 -10 (Date) APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Sept. 1, 2015 County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Title: Director, Facilities Address: 6410 Carolina Beach Rd, Wilmingtop Phone: (910) 254 -4281 Project Title: Williams Service Ramp Location: Williams Elementary School, 801 Silver Lake Rd., Wilmington, NC 28412 Type of Facility: Elementary (K -5) North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund In accordance with G S. 115C-5462 Further, G.S 115C -546.2 (d) has been amended to include the following (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction protects (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes" and does not include central administration, maintenance, or other facilities Applications must be submitted within one year following the date of final payment to the Contractor or Vendor Short description of Construction Project. Construction of a new service ramp for school and kitchen deliveries. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions 1 Renovations Repair Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date: Nov., 2015 5,000.00 40,000.00 $ 45,000.00 Est. Project Completion Date: Dec., 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 45,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G.S. 115C -546. (Signature Chair, Cou ty Commissioners) (Date) (Signature — Chair, Board o ducation) (Date) Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11-1 -11 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Sept. 1, 2015 County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Address: 6410 Carolina Beach Rd, Wilmingtoll Project Title: Laney Restroom Renovations Title: Director, Facilities Phone: (910)254 -4281 Location: Laney High School, 2700 N. College Rd., Wilmington, NC 28405 Type of Facility: High (9 -12) North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G S. 11SC -546.2 Further, G S. 115C -546 2 (d) has been amended to include the following k3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration maintenance, or other facilities Applications must be submitted within one year following the date of final payment to the Contractor or Vendor Short description of Construction Project: Renovation of (14) restrooms in the main building Estimated Costs Purchase of Land $ Planning and Design Services New Construction Additions 1 Renovations Repair Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date: Nov., 2015 38,250.00 386,750.00 $ 425,000.00 Est. Project Completion Date: Aug., 2017 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 425,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G.S. 1150 -546. re Commissioners) (Signature — Chair, Board of f ducation) Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11- 1 - 12 ( Date) (Date) APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date: Sept. 1, 2015 County: New Hanover Contact Person: Eddie Anderson LEA: New Hanover County Schools Title: Director, Facilities Address: 6410 Carolina Beach Rd, Wilmingtoll Phone Project Title: Bellamy and Murray Traffic Improvements (910) 2544281 Location: Bellamy Elementary, 70 Sanders Rd & Murray Middle, 655 Halyburton Memorial Pkwy Type of Facility: Elementary (K -5) & Middle North Carolina General Statutes, Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance with G S. 115C -546 2. Further, G.S 115C -546.2 (d) has been amended to include the foflowing (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness Incurred for school construction protects. (5) A county may not use monies in this Fund to pay for school technology needs. As used in this section, 'Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes, and does not include central administration, maintenance, or other facilities Applications must be submitted within one year following the date of final payment to the Contractor or Vendor Short description of Construction Project: Driveway improvements and on -site paving and signage to improve traffic flow for parent pick -up and drop -off. Estimated Costs: Purchase of Land $ Planning and Design Services New Construction Additions / Renovations Repair Debt Payment / Bond Payment TOTAL Estimated Project Beginning Date: Nov., 2015 12,000.00 68,000.00 80,000.00 Est. Project Completion Date: Dec., 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 80,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G. S. 115C -546. ignature Commissioners) (Signature = Chair, (Soard of �ducation) Farm Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11- 1 - 13 (Date) (Date) APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY County: LEA: New Hanover New Hanover County Schools Approved: Date: Sept. 1, 2015 Contact Person: Eddie Anderson Title: Director, Facilities Address: 6410 Carolina Beach Rd, Wilmingtoll Phone: Project Title: Sidbury Road Elementary School Site Location: Sidbury Road (formerly the Rock Church) Type of Facility: Elementary (K -5) & future Middle (6 -8) (910) 254 -4281 North Carolina General Statutes. Chapter 18C, provides that a portion of the proceeds of the North Carolina State Lottery Fund be transferred to the Public School Building Capital Fund in accordance wrth G S 115C -546 2 Further. G S. 1150 -546.2 (d) has been amended to include the following (3) No county shall have to provide matching funds (4) A county may use monies in this Fund to pay for school construction projects in local school administrative units and to retire indebtedness incurred for school construction projects (5) A county may not use monies in this Fund to pay for school technology needs As used in this section, "Public School Buildings" shall include only facilities for individual schools that are used for instructional and related purposes. and does not include cential administration, maintenance, or other facilities Application's must be submitted within one year thHowing the date of final payment to the Contractor or Vendor. Short description of Construction Project: Roadway improvements on Sidbury Road as recommended in Traffic Impact Analysis report and required by NCDOT for elementary school and future middle school. Estimated Costs: Purchase of Land $ Planning and Design Services New Construction Additions 1 Renovations Repair Debt Payment 1 Bond Payment TOTAL_ Estimated Project Beginning Date: Nov. 2015 473,000.00 $ 473,000.00 Est. Project Completion Date: Dec. 2016 We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above project, and request release of $ 473,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein described is within the parameters of G. S. 115C -546. (Signature Chair,_Cpu9ty Commissioners) (Date) (Signature — Chair, Board of Form Date: July 01, 2011 Board of Commissioners - October 19, 2015 ITEM: 11- 1 - 14 (Date) NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 CONSENT DEPARTMENT: Budget PRESENTER(S): Elizabeth Schrader, Chief Strategy and Budget Officer CONTACT(S): Elizabeth Schrader SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2015: Department of Social Services 16 -014, 16 -015 Sheriffs Office 16 -016, 16 -017 Soil and Water 16 -018 STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: B/A 16 -014, 16 -015 B/A 16 -016, 16 -017 B/A 16 -018 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 12 AGENDA: October 19, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Understand / act on citizen needs Leverage technology / information to enable performance Fund: General Department: Department of Social Services Ex enditure: Decrease Increase Total BA 16 -014 Casey Family Program S 18,750 S 18,750 BA 16 -015 Crisis Intervention Program S 9,404 S 9,404 S - Total S - S 28,154 S 28,154 Revenue: Decrease Increase Total BA 16 -014 Casey Family Program S 18,750 S 18,750 BA 16 -015 Crisis Intervention Program S 9,404 S 9,404 S - Total S - S 28,154 S 28,154 Prior to Actions Total if Actions Todav Taken Departmental Budget IS 41922 095 1 S 41,950,249 Section 2: Explanation BA 16 -014 budgets funds from the Casey Family Programs Institute used to provide permanency roundtable training of our social workers to increase the number of children transitioning out of foster care. There is no County match required. BA 16 -015 budgets Crisis Intervention Program (CIP) funds to assist approximately 15 households with heating and cooling related crisis /emergency. No County match is required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -014 and 16 -015 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 19th day of October, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 12- 1 - 1 AGENDA: October 19, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Support programs to improve educational performance Fund: General Department: Sheriff's Office Ex enditure: Decrease Increase Total BA 16 -016 SCAAP S 59,415 S 59,415 BA 16 -017 LEL 16 S 20,000 S 20,000 S - Total S - S 79,415 S 79,415 Revenue: Decrease Increase Total BA 16 -016 SCAAP S 59,415 S 59,415 BA 16 -017 LEL 16 S 20,000 S 20,000 S - Total S - S 79,415 S 79,415 Prior to Actions Total if Actions Todav Taken Departmental Budget IS 42,936,200 1 S 43,015,615 Section 2: Explanation BA 16 -016 budgets grant funds from the State Criminal Alien Assistance Program (SCAAP) that will be used for the purchase of cameras and doors for the detention center. No County match is required. BA 16 -017 budgets Law Enforcement Liaison 16 (LEL 16) grant funds to be used for in- and out -of -state travel associated with training and 'Booze It and Lose It" and "Click It or Ticket" campaigns. No County match is required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -016 and 16 -017 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 19th day of October, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 12- 2 - 1 AGENDA: October 19, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Department: Soil and Water Ex enditure: Decrease Increase Total BA 16 -018 Heal Our Waterways S 20,000 S 20,000 S - S - Total S - S 20,000 S 20,000 Revenue: Decrease Increase Total BA 16 -018 Heal Our Waterways S 20,000 S 20,000 S - S - Total S - S 20,000 S 20,000 Prior to Actions Total if Actions Todav Taken Departmental Budget Is 175,646 1 IS 195,646 Section 2: Explanation BA 16 -018 budgets funds from the City of Wilmington as part of the "Heal Our Waterway" Program to install Best Management Practices in Hewletts and Bradley creeks watersheds to reduce storm water runoff. No County matching funds are required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -018 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 19th day of October, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 12- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Human Resources PRESENTER(S): Commissioners and Chris Coudriet, County Manager CONTACT(S): Bo Dean, Human Resources Analyst SUBJECT: Presentation of Service Awards and Introduction of New Employees BRIEF SUMMARY: Service awards will be presented to retirees and employees. New employees will be introduced and have their photo taken with the Board of Commissioners. STRATEGIC PLAN ALIGNMENT: Effective County Management • Hire, develop and retain talented people • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Present service awards and meet new employees. ATTACHMENTS: October Service Awards COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards and meet new employees. COMMISSIONERS' ACTIONS: Presented service awards and met new employees. Board of Commissioners - October 19, 2015 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Parks PRESENTER(S): Tara Duckworth, Parks & Gardens Director CONTACT(S): Tara Duckworth SUBJECT: Consideration of Approval to Apply for Phase II of Trillium Health Resources Play Together Construction Grant to Replace the Hugh MacRae Playground III N 13 ON1 O►0 ILI L10 :41119 Trillium Health Resources is offering Phase II of the Play Together Grant Program which encourages communities to construct inclusive playgrounds so children of all abilities can play together. Modifying existing facilities and adding new accessible play areas as was done with the Miracle Field and playground at Olsen Park help us to better serve all citizens of New Hanover County. Parks and Gardens has chosen Hugh MacRae Park for this grant because of its central location and because it is one of our most popular and diverse parks, serving a variety of citizens. This grant requires no match and will be awarded by October 31, 2015. Applicants are expected to complete the project within twelve months of award. Phase I grants ranged from $150,000 - $750,000. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services • Support programs to improve educational performance • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval to apply for Trillium Play Together Construction Grant. ATTACHMENTS: Olsen Park Playground Photo Trillium Grant Resolution Grant Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. 141110ILI16X9 [I7►101117.9R0:N 0 [I7►6`M Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 14 14ri # {Q4 a 0.5 WO VrWwFaT Wl 14, ;Flu& Board of Commissioners - October 19, 2015 ITEM: 14- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING APPLICATION OF THE TRILLIUM PLAY TOGETHER CONSTRCUTION GRANT WHEREAS, Trillium Health Resources is offering Phase 11 of the Play Together Construction Grant to promote inclusive play for all; and WHEREAS, the Parks and Gardens Department wishes to apply for this non - matching grant to make improvements to Hugh MacRae Park's playground; and WHEREAS, Hugh MacRae Park is one of New Hanover County's most popular and diverse parks, serving all segments of the population; and WHEREAS, the Hugh MacRae playground has been identified near the end of its useful life and in need of replacement; and WHEREAS, the staff requests the areas in the location of the existing 2 -5 and 5 -12 year old playgrounds to serve as the footprint for the proposed playground improvements. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners authorizes the Parks and Gardens Department to apply for the Trillium Health Resources Phase II Play Together Construction Grant for replacement of the existing playground at Hugh MacRae Park for an inclusive playground to better serve all citizens of New Hanover County. ADOPTED this the 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 14- 2 - 1 Trillium "LAS "0G 71'!i CONSil1`iCaN Gi:'NT" k ZAITH RZSOURCES APPLICATION - Deadline Sentr?rnher 30 ?p "' Trillium Health Resources is offering construction grants to be used toward the purchase of inclusive playgrounds and/or playground equipment. Applicant must complete and submit the following information. If additional sheetslInformation are required or needed, please attach to the application when submitted. 1) Please check which project grant you will be applying for. X We propose to build an inclusive playground. We propose to add universally inclusive equipment to existing playground(s). 2) Provide information about the location identified that is suitable for construction. Submit permission from the local governing authority in the form of a signed resolution. We would construct the playground in the exisiting location of the playground at Hu h MacRae Park. 3) Complete the following statement: IM%, tf�(! Parks.& wardens Depalfinentl of New Ha,7ntlerCounty agree to work willr►•agly with th. e vendor seiected try East Carolina Beha vic t l Health in the building process of the playground 4) Provide an explanation or list of the staff resources you will designate to the project to ensure its completion within 12 months of the awarding of the grant. Attach additional sheet as needed. Staff will remove exisiting playground and prepare the site for construction. Tara Duckworth, Director will serve as Project Manager to ensure completion within the designated timeframe (continued) 5) Complete the following statements: 11141e. the pani.s & Gardens Devaitment of New N.anovot Counnl_ agree to prov1de the oagoing upkeep of the inclusive piaygrour ad bevvnd the Initiaistart -up funding to assure the ala t1ground Is a safe er, vra vnment for pact c:roants. IlWe, the PaAw & Garcyens - artment of_ New Hanover Caun� , agree that the playground will be opera to the public the same ppera&i q hours of all ether oki,grounds an the area. 6) Submit letters of support with your application for the accessible playground project from three (3) organizations that serve or support people with disabilities in the community. Il We c a rtify that this chant application and its attachments have heen completed and submitted to East Carolina Pha vior I Nealth with truthful and accurate. information. SUBMITTED BY- DATE q If you have questions about the application process, please email Amy. Corbitt TrilliumNC.or with "Play Together Construction Grants" in the subject line. Please submit completed Application Form and all requested attachments by September 30, 2615 to Amy. Corbitt(&TrilliumN{ with "Play Together Construction Grants" in the subject line. Grantees will IBe noiif iedrr'c on gr��ty �rctober �1, 2015. Trillium Play Together Construction Grant (con't) We believe that Hugh MacRae Park is an excellent location for an inclusive playground as it is centrally located and widely used by such a diverse population. The park is home to many community gatherings - from non - profit walks to birthday parties and family reunions, the park is our most popular shelter rental location. Hugh MacRae is also a popular destination for school groups and daycare providers who may not have their own facilities. The beauty of Hugh MacRae Park is that on any given visit you will find all age and socio - economic groups utilizing the park. The park offers a peek into the melting pot that is New Hanover County. Staff is excited about the opportunity to provide a state of the art facility for our residents and visitors alike. We have identified the two areas where our aged playgrounds are currently located as well as space adjacent to the existing footprints for construction. We feel like we can tuck in additional new space to create shaded opportunities while fitting them seamlessly into the existing landscape of the park. Board of Commissioners - October 19, 2015 ITEM: 14- 3 - 2 .�� Ai- rJ September 21, 2015 To Whom It Mey Concern: Ly 143..0 Cinema Di-:-%c • Wiitift1gton, l(' 28403 Flom: 9 104 15-661 k • Fax. 9104 ; 5 -665e info� dre.viirriin ;.c�n.orb • www drewiJ, -f i:1 ti1n. Utg On behalf of the disAbility Resource Center and the consumers with disabilities we serve in the Cape Fear Region, I am writing this letter in full support of the development of an Inclusive playground at Hugh MacRae Park. An inclusive playground will give young children of all abilities the opportunity to play TOGETHER. Parents can enjoy watching ALL their children play with their siblings and their friends in a fully Inclusive environment. Additionally, the creation of an inclusive playground at this location would provide: 1) opportunities for Roland Grise Middle School and Haggard High school to utilize the park with ALL their students. Additionally, this location would be convenient to a large number of elementary and middle schools who use the park as part of class instruction and fun field days. 2) an inclusive park that is easily accessible via the public transit system. As beautiful as the new Kiwanis playground is at Olsen Park, the park is not accessible to those who rely on public transportation. 3) an inclusive park that is closer and more convenient to access for those individuals living in the Southern part of Wilmington and New Hanover County. A playground is more than a place for children to expend excess energy and develop motorskilis. A playground encourages creativity, social skills and emotional well- being. Playgrounds are where memories are made, friendships are created and self - expression is encouraged. Children also learn valuable rules of life on the playground such as how to take turns and exercise self - control while waiting for a swing to open up; they can observe each other on all the equipment; and they can strike up conversations with peers on the platforms, bridges and ramps of playground structures. These are benefits that should be available to every child. As a nonprofit, Center for Independent Living, that is committed to helping individuals with disabilities to become and /or maintain their highest level of independence within the community of THEIR choice, the need for an accessible playground shouldn't be on a wish list. It should be a right for every child and parent. Therefore, our hope is that a fully accessible and inclusive playground at Hugh MacRae Parkwill address some of the unmet need for children and parents alike. We wholeheartedly support the development of an inclusive and accessible playground at Hugh MacRae Park and look forward to the daywhen we can tell promote a playground that everyone can enjoy[ Sincerely, rutive or Board of Commissioners - October 19, 2015 ITEM: 14- 3 - 3 �~ 500 U11tavy Cutoff 4,r '�`Ucp ' Wilmi ngton, 1`'C 284{}5 � },w,•+ Phone: 910-392-0080 lrfi, •. P ah; 910.392-4G$G September 14, 2015 To Whom It May Concern, I write this letter in support of the New Hanover County Parks and Gardens to receive the Trillium Health Resources Play Together Construction Grant to create an inclusive playground in Wilmington at Hue MacRae Park. Easters Seals UCP Wilmington Children's Center fully supports having an inclusive playground in our community that will allow all children of all abilities to play, grow, and develop. Faster Seals L1CP Wilmington Children's Center is a Developmental Day Child Cate center that serves 70 children from ages Birth to Five and their families in Wilmington, NC. An inclusive playground will allow our children with special needs another enNironment outside of our school in which to play and interact with their peers. An inclusive playground in Wilmington will demonstrate that we value our families, our children, and visitors by providing play areas accessible for everyone. Respectfully, J-P- � Cf Jennifer Bradshaw Director Board of Commissioners - October 19, 2015 ITEM: 14- 3 - 4 New Hanover County Schools Reach, Equip, Achieve. Dr. Tim Markley ,*jerfntendent Dr. Rick Holliday IJeputy .TWxrfntrndenr Student.tiufprw4 and Federal Programv September 18, 2015 Trillium Health Resources Amy Thomas Corbitt 1708 Fast Arlington Boulevard Greenville, NC 27858 -5872 Dear Ms. Corbitt, Julie Askew lafrector ofSpecfal Education And Related Servilrex It is with great pleasure that 1 write this letter of support for New I lanover County Parks and Gardens application to Trillium Health Resources for a Play 'Together Construction grant. We are so pleased to enhance our partnership with the NHC Parks and Gardens Department. We understand that they will be applying for monies to build an inclusive playground at Hugh MacRae Park. We think this park is an excellent location for an inclusive playground as it is centrally located and widely used by such a diverse population. This inclusive playground will give us a great space right across the street from Roland Grise Middle School and Hoggard High School to bring our students. The playground this grant will replace has served our community well, but an inclusive playground will really open tip this park to our students. We fully support this application-it fits well with the partnerships we already have and will help our students immensely. Sincerely, Ann Hughes, M.A. Ed, NBCT, C.A.P.E New Hanover County Schools Adapted Physical Education 401� Julie Askew New Hanover County Schools Director Special Education & Related Services www.NH08.AS1 • 6410 Cor04ns Beach Road • Wilmington, NC 28412 . 810.254-W6- Fax 010.254.4446 . Julie.aSk MCg,tlet Board of Commissioners - October 19, 2015 ITEM: 14- 3 - 5 Tara Duckworth New Hanover County Parks & Gardens 230 Government Center Dr. Wilmington, NC 28403 September 21, 2015 Ta ra, I am writing as the Chair of the Board of ACCESS of Wilmington and the Miracle League to fully support your proposal for the Trillium Play Together Grant to make the playground at Hugh MacRae Park fully accessible. Since we have built the Kiwanis Miracle Playground at Olsen Park we have been able to see first -hand the value to all families in the region. We are constantly told about the value to them and their appreciation for its accessibility and safety. Playgrounds provide nature inclusion at its best. If we can be of any assistance in the process, we stand ready. Best of luck, Dan Johnson, PhD Board of Commissioners - October 19, 2015 ITEM: 14- 3 - 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: County Manager PRESENTER(S): Andrea Stough, Advocate /Outreach Coordinator, Domestic Violence Shelter & Services, Inc. CONTACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Domestic Violence Awareness Month Proclamation BRIEF SUMMARY: Andrea Stough is the Advocate /Outreach Coordinator for Domestic Violence Shelter & Services. She requests that the Board adopt a proclamation to recognize October 2015 as Domestic Violence Awareness Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Domestic Violence Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far - reaching and may cause families to seek safe shelter, the criminal justice system to expend valuable resources, and families and friends to experience grief and concern for their loved ones; and WHEREAS, 1,418 adults and children received direct services such as court accompaniment, advocacy, empowerment groups and counseling and 268 adults and children received emergency shelter through Domestic Violence Shelter and Services, Inc. in the year 2014; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency support and ongoing services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2015 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 15- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Sheriff PRESENTER(S): Lt. David MacAlpine CONTACT(S): Donna Seal, Business Officer; Lena Butler, Purchasing Supervisor SUBJECT: Consideration of Approval to Exchange Six (6) Used 2013 Harley- Davidson Motorcycles for Six (6) New 2016 Harley- Davidson Motorcycles BRIEF SUMMARY: NC General Statute 160A -271 authorizes the exchange of any real or personal property belonging to the County by private negotiation if the County receives a full and fair consideration in exchange for its property. Property shall be exchanged only pursuant to a resolution authorizing the exchange adopted at a regular meeting of the Board upon 10 days' public notice. A public notice announcing the Board's intent was posted to the County's website on October 8, 2015. The Sheriffs Office owns six (6) Harley- Davidson motorcycles which were acquired in 2013. Every two years, Carolina Coast Harley- Davidson permits the Sheriffs Office to exchange their used Harley- Davidson motorcycles for new ones. Continuing with this schedule, the Sheriffs Office would like to exchange their existing six (6) 2013 Harley- Davidson motorcycles for six (6) new 2016 Harley- Davidson Motorcycles. The trade -in allowance for each motorcycle offered by Carolina Coast Harley- Davidson is $13,500 for a total of $81,000 for the six motorcycles. This cost includes the purchase and installation of additional equipment, set up and delivery, and transfer of existing equipment. The cost to the County for the new 2016 bikes is $33,993 after taking into account the $81,000 trade in value received for the 2013 bikes. Total Cost of (6) new 2016 Harley- Davidson Motorcycles $114,993 Trade -in Value of (6) used 2013 Harley- Davidson Motorcycles ($81,000) Net Cost for (6) new 2016 Harley- Davidson Motorcycles $33,993 As noted in the table above, the difference in the trade -in value of the 2013 bikes and the cost to acquire the new 2016 bikes is $33,993. The additional funds needed to acquire the new bikes will be paid using Federal Forfeited Funds. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - October 19, 2015 ITEM: 16 Adopt the resolution approving the exchange, authorize staff to proceed and process all documents required to complete the transaction and adopt the ordinances for related budget amendments 16 -019 and 16 -020. (The budget amendments are for accounting purposes only.) ATTACHMENTS: Resolution Public Notice Harley- Davidson Quote Chief Supply Quote Commissioner Questions /Answers B/A 16 -019 B/A 16 -020 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION EXCHANGE OF SIX (6) HARLEY- DAVIDSON MOTORCYCLES WHEREAS, New Hanover County Sheriff's Office proposes to exchange six (6) used 2013 Harley- Davidson motorcycles with Vehicle Identification Numbers as detailed below; and 1HDIFMM11DB672395 1 HD 1FMM 12DB672308 1 HD 1 FMM 14DB676618 1HDIFMM17DB671459 1 HD 1 FMM 18DB671017 1 HD 1 FMM 18DB678168 WHEREAS, NCGS 160A -271 authorizes the exchange of any real or personal property belonging to the County by private negotiation if the County receives a full and fair consideration in exchange for its property; and WHEREAS, property shall be exchanged only pursuant to a resolution authorizing the exchange adopted at a regular meeting of the Board upon 10 days' public notice and a public notice announcing the Board's intent was posted to the County's website on October 8, 2015; and WHEREAS, Carolina Coast Harley- Davidson has offered a trade -in allowance of $13,500 each for a total of $81,000 for the six (6) used 2013 Harley- Davidson motorcycles; and WHEREAS, the total sales price for the (6) new motorcycles is $114,993 leaving the County a balance of $33,993 to acquire the (6) new 2016 motorcycles which covers the purchase and installation of additional equipment, set up and delivery, and transfer of existing equipment; and WHEREAS, funds for the additional equipment and other expenses in the amount of thirty-three thousand nine hundred ninety -three dollars ($33,993) have been previously budgeted for in Federal Forfeited Funds; and WHEREAS, a budget amendment has been prepared to provide for the proper accounting of the transactions, increasing revenues and expenses by eighty -one thousand dollars ($81,000); and WHEREAS, pursuant to General Statutes 160A -271, the Board of County Commissioners is authorized to approve this exchange. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that approval is granted for the exchange of the County's six (6) used 2013 Harley- Davidson motorcycles for six (6) new 2016 Harley- Davidson motorcycles. Approval of the related budget amendment is approved and County staff is directed to process any required documents to complete the transaction. ADOPTED this 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 16- 1 - 1 PUBLIC NOTICE Notice is hereby given that in accordance with G. S. 160A -271, New Hanover County's Board of Commissioners intends to authorize the exchange of six (6) used 2013 Harley Davidson motorcycles for six (6) new 2016Harley Davidson motorcycles with Carolina Coast Harley Davidson/Buell at its regularly scheduled meeting to be held on Monday, October 19, 2015. The total trade- in allowance offered by Carolina Coast Harley Davidson/ Buell for the six motorcycles is $81,000. The total sales price for the new bikes will be $114,993. The difference in the trade -in value of the 2013 bikes and the cost to acquire the new 2016 bikes is $33,993. This difference includes the purchase and installation of additional equipment, set up and delivery, and transfer of existing equipment. Published: Thursday, October 8, 2015 Board of Commissioners - October 19, 2015 ITEM: 16- 2 - 1 Carolina CGas1 H'arley•DavidsoWBu0ll l=,a,cloi7y Autnattred Dealer 6620 h arkegt Stmt W11minglan, 'UC 23405 Phone: (910) 791 4997 hex` ('910) 791 -035? www.ccftd.cum Wendy Clemmons New Hanover County Sheriff's Office 3950 Juvenile Center Rd. Castle Hayne, NC 28429 $ 16,500.00 2016 FLHTP Balck with Gold Pin stripe, and ABS brakes $ 555.15 price of new equipment $ 435.00 Set up and Delivery $ 38.87 sales tax $ 1,105.00 labor $ 7.50 shop supplies $ 18,641.52 Total $ 18,641.52 complete cost $ 13,500.00 trade in $ 5,141.52 total for each 2016 FLHTP x6MC $ 30,849.12 TOTAL FOR 6 FLHTP MOTORCYCLES Jeff Granato, Board of Commissioners - October 19, 2015 ITEM: 16- 3 - 1 E ELEY-DAVI05DG MacAlpine, David From: Zak Parke <ZakP @chiefsupply.com> Sent: Wednesday, September 23, 2015 3:21 PM To: MacAlpine, David Subject: FW: Chief & Law Enforcement Supply (revised quote) 1-95--t Your Quote# 700166 Quote Date 09/23/15 Your account rep is: ZACHARY PARKS Order taken by: Zachary Parke Account# 535268 NEW HANOVER COUNTY WENDY CLEMENS 3950 JUVENILE CENTER DR CASTLE HAYNE, NC 28429 -6109 Remit To: Chief supply PO Box 602763 Charlotte, NC 28260 -2763 P 800.733 ' 9281 P 704.548.0399 www.chiefsuooly.com Order Quote Time Ship -to 0 NEW HANOVER CSO FLEET MGMT. WENDY CLEMENS 3950 JUVENILE CENTER DR CASTLE HAYNE, NC 284296109 Ship via PREPAID & ADD -UPS GROUND from CHARLOTTE, NC warehouse. PartNo Description XSPSPCL HD9MCBW - 4 LED Multi -Color SuperVisor (BWBWBWBW) (2014+ Electra Glide) WE ARE AN EQUAL OPPORTUNITY EMPLOYER. THANK YOU FOR YOUR CONTINUED BUSINESS. THIS QUO'T'E IS AUTHORIZED BY ZACHARY PARKE UM QtyOrd UnitPrc Extension EA 6 519.000 3.114.00 Sub Total 3,114.00 Freight 30.00 Handling Tax Total 3144.00 Quote good for 30 days from issuance. After 30 days please call your representative to confirm pricing and re -issue the quote. Standard freight charges apply unless otherwise specified. I understand that any returns are subject to the return policies of the manufacturer (up to a 50016 restocking charge) plus shipping and handling fees. I acknowledge that all items that are customized to a customer's specifications (includes but is not limited to badges, gun racks, embroidery, screen printing, heat press, and helmet fronts) cannot be returned unless Board of Commissio6rs - October 19, 2015 ITEM: 16- 4 -1 From: Seal, Donna Sent: Thursday, October 08, 2015 5:04 PM To: Coudriet, Chris; Burgess, Tim Cc: Butler, Lena; MacAlpine, David; Wynn, Susan; McMahon, Ed; Sarvis, Kenneth; Schrader, Beth Subject: RE: Board of Commissioners and Planning Board to hold Joint Work Session Chris and Tim - The motorcycles are not included in the current year sheriff's budget. This purchase will be made from FFP. I am currently working on an analysis to determine if we should change this process for future motorcycle purchases.... keeping in mind the most efficient and cost effective method. Thanks! Vin. # Mileage Damage Maint. Issues 1HDlFMM17DB671459 1657 NO NO 1HDlFMM18DB678168 3610 NO NO 1HDlFMMllDB672395 10032 NO NO 1HDlFMM18DB671017 3356 NO NO 1HDlFMM12DB672308 11850 NO NO 1HDlFMM14DB676618 7793 NO NO Donna Seal I Business Officer Sheriff - Administration I New Hanover County 3950 Juvenile Center Road Castle Hayne, NC 28429 (910) 798 -4279 p 1 (910) 798 -7277 f From: White, Woody Sent: Thursday, October 08, 2015 1:36 PM To: Burgess, Tim; Coudriet, Chris Subject: FW: Board of Commissioners and Planning Board to hold Joint Work Session tim /chris I have a few questions about this public notice: 1. were these motorcycles included in the current year sheriff's budget? 2. what is the mileage on each motorcycle that is being traded in? 3. were any of them damaged? 4. Have there been maintenance issues with any of them? thanks. woody Woody White 1 County Commissioner County Commissioners I New Hanover County 230 Government Center Drive, Suite 175 Wilmington, NC 28403 (910) 798 -7259 p 1 (910) 798 -7145 f Board of Commissioners - October 19, 2015 ITEM: 16- 5 - 1 AGENDA: October 19, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage to the budget Fund: Federal Forfeited Property Department: Sheriffs Office Exuenditure. Decrease Increase Total BA 16 -019 Capital Outlay -Motor Vehicle $67,500 $67,500 Total 1 $0 1 $67,500 1 $67,500 Revenue: Decrease Increase Total BA 16 -019 Sale of Fixed Assets $67,500 $67,500 Total 1 $0 1 S67,500 1 $67,500 Prior to Actions Total if Actions Today Taken Departmental Budget Appropriated Fund Balance Section 2: Explanation Records the exchange of five (5) 2016 Harley Davidson motorcycles for five (5) existing 2013 Harley Davidson motorcycles. The balance of the purchase, $33,993 was previously budgeted in the Federally Forfeited Property Fund. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 16 -019 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 19th day of October, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 16- 6 - 1 AGENDA: October 19, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage to the budget Fund: General Department: Sheriffs Office Exuenditure. Decrease Increase Total BA 16 -020 Capital Outlay -Motor Vehicle $13,500 $13,500 Total 1 $0 1 $13,500 1 $13,500 Revenue: Decrease Increase Total BA 16 -020 Sale of Fixed Assets $13,500 $13,500 Total 1 $0 1 S13,500 1 $13,500 Prior to Actions Total if Actions Today Taken Departmental Budget $42,976,397 $42,989,897 Appropriated Fund Balance Section 2: Explanation To record the exchange of one (1) 2016 Harley Davidson motorcycle for one (1) existing 2013 Harley Davidson motorcycle. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 16 -020 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 16- 7 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: County Manager PRESENTER(S): Beth Schrader, Chief Strategy and Budget Officer CONTACT(S): Beth Schrader SUBJECT: Consideration of Resolution in Support of the Stepping Up Initiative — a National Initiative to Reduce the Number of People with Mental Illnesses in Jails BRIEF SUMMARY: Recognizing the critical role local and state officials play in supporting change, the National Association of Counties (NACo), the Council of State Governments (CSG) Justice Center, and the American Psychiatric Foundation (APF) have come together to lead a national initiative to help advance counties' efforts to reduce the number of adults with mental and co- occurring substance use disorders in jails. With support from the U.S. Justice Department's Bureau of Justice Assistance, the initiative will build on the many innovative and proven practices being implemented across the country. The initiative engages a diverse group of organizations with expertise on these issues, including those representing sheriffs, jail administrators, judges, community corrections professionals, treatment providers, people with mental illnesses and their families, mental health and substance use program directors, and other stakeholders. Stepping Up is a national effort to raise awareness of the factors contributing to the over - representation of people with mental illnesses in county jails, and then using proven practices and strategies that work to drive those numbers down. By adopting the resolution, Stepping Up participants commit to a policy course of action to: 1. Convene or draw on a diverse team of leaders and decision makers from multiple agencies committed to reducing the prevalence of people with mental illnesses in j ails. 2. Identify and assess the mental health needs and recidivism risk factors for adults entering jails to measure prevalence rates and guide decision making at the system, program, and case levels. 3. Examine treatment and service capacity to determine which programs and services are available in the county for people with mental illnesses and co- occurring substance use disorders and identify barriers to change. 4. Develop a plan with measurable outcomes that draws on comprehensive jail data and an inventory of available treatment and service options. 5. Implement research -based approaches that advance the plan. 6. Track progress using data and information systems. The North Carolina Association of County Commissioners ( NCACC) Board of Directors approved a sample resolution supporting the NACo Stepping Up Initiative on June 24th. NCACC sent a sample resolution to all 100 counties, with encouragement to adopt resolutions in support of the initiative. Additionally, the National Sheriffs' Association has adopted a resolution of support, and has encouraged law enforcement agencies of all sizes to work with their county leaders to pass resolutions committing to the initiative's six -step planning process. Board of Commissioners - October 19, 2015 ITEM: 17 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Stepping Up Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION "Stepping Up to Reduce the Number of People with Mental Illnesses and Substance Use Disorders in Jails" WHEREAS, counties routinely provide treatment services to the estimated two million people with serious mental illnesses booked into j ail each year; and WHEREAS, prevalence rates of serious mental illnesses in jails are three to six times higher than for the general public; and WHEREAS, almost three - quarters of adults with serious mental illnesses in jails have co- occurring substance use disorders; and WHEREAS, adults with mental illnesses tend to stay longer in jail and, upon release, are at a higher risk of recidivism than people without these disorders; and WHEREAS, county jails spend two to three times more on adults with mental illnesses that require interventions compared to those without these treatment needs; and WHEREAS, without the appropriate treatment and services, people with mental illnesses continue to cycle through the criminal justice system, often resulting in tragic outcomes for these individuals and their families; and WHEREAS, New Hanover County and all counties take pride in their responsibility to protect and enhance the health, welfare, and safety of its residents in efficient and cost - effective ways; and WHEREAS, through Stepping Up, the National Association of Counties, The Council of State Governments Justice Center, and the American Psychiatric Association Foundation are encouraging public, private, and nonprofit partners to reduce the number of people with mental illnesses in j ails. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby sign on to the Call to Action to reduce the number of people with mental illnesses in our county jail, commit to sharing lessons learned with other counties in the state and across the country to support a national initiative and encourage all county officials, employees, and residents to participate in Stepping Up. We resolve to utilize the comprehensive resources available through Stepping Up to: • Convene or draw on a diverse team of leaders and decision makers from multiple agencies committed to safely reducing the number of people with mental illnesses and substance use disorders in jails; • Collect and review prevalence numbers and assess individuals' needs to better identify adults entering jails with mental illnesses and their recidivism risk, and use that baseline information to guide decision making at the system, program, and case levels; Board of Commissioners - October 19, 2015 ITEM: 17- 1 - 1 • Examine treatment and service capacity to determine which programs and services are available in the county for people with mental illnesses and co- occurring substance use disorders, and identify state and local policy and funding barriers to minimizing contact with the justice system and providing treatment and supports in the community; • Develop a plan with measurable outcomes that draws on the jail assessment and prevalence data and the examination of available treatment and service capacity, while considering identified barriers; • Implement research -based approaches that advance the plan; and • Create a process to track progress using data and information systems, and to report on successes. ADOPTED this the 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 17- 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Community Justice Services PRESENTER(S): Chief District Court Judge Corpening CONTACT(S): Kathy A. Stoute, Community Justice Services Director and Judge Corpening SUBJECT: Consideration of Inter - Agency Governance Agreement on the Handling of School Offences BRIEF SUMMARY: New Hanover County Schools adopted an Inter- Agency Agreement with community partners to address the school to prison pipeline. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Sign Inter- Agency Agreement. ATTACHMENTS: Inter- Agency Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 18 APPENDIX F Item: Inter - Agency Governance Agreement on the Handling of School Offenses Dept.: Superintendent Background /Historical Context: Recommendation: Approve Rationale for Recommendation: The agreement will assist NHCS and community agencies including the NHC Sheriff's Office and Judicial System with handling school /student offenses. This MOU has been negotiated with Chief District Court Judge Jay Corpening and other local agencies. It has been reviewed by principals and our In -House General Counsel. Board Action: Recommendation Accepted Recommendation Rejected Tabled for Further Study Other Board of Commissioners - October 19, 2015 INTER AGENCY GOVERNANCE AGREEm ENT North 1 "aro = ON THE HANDUNG OF SCHOOL OFFENM _ ®Its �C� HPa'k Pq.fP' a'bw_ I. Introduction Schools and law enforcement share responsibility for school safety and must work to with complimentary policies and procedures with the goal of a safe learning environment for everyone. This document expresses the agreement of the parties for responding to non - emergency school disruptions. It strives to ensure a consistent response to incidents of student misbehavior, clarify the role of law enforcement in school disciplinary matters, efficiently utilize alternative support services and reduce involvement of law enforcement and court agencies for minor misconduct at school and school- related events. While this Agreement deals with the response to non - emergency school disruptions, the parties hereto also acknowledge the importance of cooperation between school officials and law enforcement in response to emergency and safety issues. The parties agree to the following principles upon which this agreement isfounded. A The vast majority of student misconduct can be best addressed through classroom, in- school, family and community strategies and maintaining a positive climate within schools rather than by involvement of thejustice community. B. The response to school disruptions should be reasonable, consistent and fair with appropriate consideration of relevant factors such as the age of the student, the nature and severity of the incident and the impact of the conduct on the learning environment. C. Eludents should be held accountable for their actions. When appropriate, a graduated response to minor misconduct that provides a continuum of services and increasingly more severe sanctions for continued misbehavior should be used. D. Disruptive students, who do not commit more serious offenses, should receive appropriate redirection and support from in- school and community resources prior to the consideration of the involvement of the law enforcement, or referral to court. This does not excuse compliance with mandatory reporting laws and policies. E Clarifying the responsibilities of school and law enforcement personnel with regard to non - emergency disruptive behavior at school and school- related events promotes the best interests of the student, the school system, law enforcement and the community at large. F. Implementation of this plan will require regular meetings, multi - disci plinary trainings, annual evaluation of the plan, and an ongoing commitment to fostering the relationships that are the foundation of this agreement. The parties acknowledge that this agreement shall not inhibit, discourage or prevent individual victimsof student misconduct from initiating criminal orjuvenile charges against students, when they believe it is appropriate to do so, nor shall it affect the prosecution of such charges. Board of Commissioners - October 19, 2015 ITEM: 18- 1 - 2 G. This agreement is primarily focused on criminal or juvenile charges against students and shall not prevent or inhibit the disciplinary reassignment, suspension or expulsion of students, when appropriate, by Principals, the Siperintendent of the New Hanover County S�hools or the New Hanover County Board of Education, when they deem it to be appropriate and in accordance with Sate law and the Policies of the New Hanover County Board of Education. It shall not be necessary to implement a graduated response before students may receive a disciplinary reassignment, suspension or expulsion, when appropriate, in the discretion of school officials. H. The parties agree that 9;Cs are employees of either the Oty of Wilmington or New Hanover County and are not agents of the New Hanover County Board of Education. Nothing in this agreement shall be construed to make the New Hanover County Board of Education, its Board Members, employees or agents, liable for the acts or omissions of any 9;0 or other law enforcement officer. I. To the extent that this agreement conflicts with any applicable law or regulation, the applicable law or regulation shall control. J. Volationsof this agreement shall not give rise to or be construed as creat i ng a cause of action by any person against any party to this agreement or their employees or agents, nor shall such violations be considered negligence per se. K Nothing in this agreement shall be construed as increasing the common law standard of care owed by the parties, or any of them, to any person. This agreement shall not be construed as to confer any additional benefit or right on students above what is owed to them by the New Hanover County Board of Education under the Individuals with Disabilities Education Act (as amended), Saction 504 of the R-,habilitation Act or other law or regulation. L No person isathird party beneficiary of this agreement. M. All parties to this agreement shall comply with the requirements of the Jessica Lunsford Act, as enacted i n Nort h Carol i na. II. Terms of the Agreement A. Summary of Key Points The parties agree to: 1. Convene a Progress Monitoring Team for the purpose of monitoring and oversight of the Inter - Agency Governance Agreement on the Handling of S�hool Offenses when it is implemented. 2. Ehare this agreement with acopyto all school and law enforcement personnel; 3. Provide necessary and regular staff training on implementation of the agreement; 4. Thoroughly investigate student misbehavior and, when appropriate, put into practice a graduated response prior to referral to court; 5. Clarify the role of the S�hool Pesource Officer (9�,O) and law enforcement in schools; 6. Monitor implementation of the agreement; 7. Collect dataand assess the effectiveness of theagreement; 8. Modify the agreement as appropriate and review at least annually; 9. Assemble a threat assessment team in the event warning signs of serious behavior appear. Board of Commissio,�ers - October 19, 2015 ITEM:`'18- 1 - 3 B. Key Factors in Making Disciplinary Decisions The parties agree that when determining consequences for students' disruptive behavior all relevant factors, including but not limited to the following factors shall be considered, if information on the factors is available. 1. Age, health, risks, needs and disability or special education statusof the student. 2. Intent, context, prior conduct and record of behavior of the student. 3. Previous interventionswith the student. 4. Student's willingness to repair the harm. 5. Parents' willingness to address any identified issues. 6. Sariousness of the incident and degree of harm caused. 7. 7. The effect on the educational environment by the student's continued presence in school. The parties agree that when determining consequences for students' disruptive behavior that race /ethnicity, gender, gender identity, sexual orientation, religion and national origin of the student and familywill NOTbe considered. Q Graduated Response Model to Minor Infractions Classroom Intervention - The classroom teacher has always played a prominent role in guiding, developingand reinforcing appropriate student conduct and isacknowledged asthe first line in implementing the school discipline code and shaping school dimate in the classroom. As such, this model begins with a range of classroom management techniques that should be implemented for minor classroom infractions prior to any other sanctions or interventions. Classroom intervention is managed by the teacher for behaviors that are passive and non - threatening such as dress code violations and violations of minor classroom rules. School Resource Officers (mss) should not be involved at this level. Classroom intervention optionsmight include redirection, re- teaching, school dimate initiatives, moving seats and the teacher should initiate parental contact. School Administration Intervention - Classroom interventions must be supported by school administratorswho addressmore seriousor repetitive behaviorsand behaviorsin school but outside of the classroom. Examples of behaviors at this level include repetitive patterns, defacing school property, truancy, threats, and minor behaviors in hallways, bathrooms, courtyards and school buses. Administration intervention options might include, but is not necessarily limited to, time in the office, in school suspension, redirection, after school detention, loss of privilege, reparation, and /or parent conference Referral to appropriate school or district social services may bejustified. School Based Team - When the behavior and needs of the student warrant, an assessment processand intervention with the use of school and community services may be appropriate. This intervention is managed by the school administrator with a school based team. Theteam should consist of individuals knowledgeable about the student including one or more teachers, administrators, support personnel, and when appropriate, family, the student and community members. Repetitive truancy or defiance of school rules, and behaviors that interfere with others such as vandalism or harassment belong at this level as well as Board of Commissioners - October 19, 2015 ITEM:`'18- 1 - 4 misbehaving students who would benefit from service provision. Assessment and service intervention options should include any Qassroom or School Administration interventions and might include referral to community service or community based program, in- school suspension, out- of- school suspension, expulsion or referral to court. Truant behavior should not lead to an out -of- school option. School Fesource Officers can be involved in their role on the school based team. Law Enforcement Intervention -Only when classroom, school, family and community options have been found ineffective (or in cases of serious misconduct or an emergency) should the school involve law enforcement, including the 9;0. Involvement of law enforcement does not necessarily mean arrest and referral to court. This intervention is managed by law enforcement. Behaviors at this level must be violations of criminal law. Law enforcement options may include verbal warning; written warning conference with the student, parents, teachersand /or others; teen court, and /or community agencies; community service, criminal charges, juvenile charges and referral to court. School Based Graduated Fesponse Model to Minor Infractions Each school should develop their own school based graduated response model that fits their school's needs and resources. The goal is to make sure all appropriate interventions, induding positive interventions, have been pursued for every student before any involvement of law enforcement will be considered for minor student conduct violations. This chart is to help professionals at each level of intervention understand the type of options available to them. It is understood that when there is serious misconduct, including but not limited to conduct involving weapons, violence, sexual misconduct or drugs involved, there may be immediate law enforcement responsesthat are appropriate. Each school should develop their own chart since each school has different resources. Schools that utilize programs such as Positive Behavioral Interventions and Sipports (PBS) may already have a graduated response model in place. This graduated response model is a refined multi- tiered system of supports (MTSS). At each level of intervention it should be assessed whether the Focused Acts (as defined below) aredueto academic, mental health, or social issues. Notethat manystudent behaviors could be a result of overlapping issues. For example, astudent who isbehind academically for not completing homework may be frustrated and acting out in class. But there also may be issues at home where the student is responsible for caring for younger siblingsthat could be addressed to help allow for homework time. A graduated response model encourages professionals to find student support solutions when possible. Fbpeated punishments may not be effective if there are significant underlying causes to student misbehavior and the student's presence in school is not interfering with the learning environment. When discipline is warranted there should be efforts to make it logical and natural. For example, if a student defaces property they could be required to make repairs and reparations. If a student skips class, suspension is not logical sincethe student will misseven moredasstime. Instead, lunch detention to make up missing work, for example, may make more sense. Board of Commissi0 ers - October 19, 2015 ITEM:`bI8- 1 - 5 Graduated Response Model Example (see Appendix Bfor more examples) + This list is not exhaustive. F;bferral to appropriate support personnel: School counselor, social worker, graduation coach, nurse, school psychologist. At times, other personnel such as speech language pathologists or occupational therapists maybe important resources for children. Some schools additionally house non - profit support personnel. Examples include Communities in Schools site coordinators and Wilmington Health Access for Teens has physical and mental health counselors. * School -wide initiatives and School Climate initiatives. Character Education, Bullying prevention and response, classroom management, experiential learning, Peer Mediation Community service projects, Career Tech Ed, academic guidance and support, sports, clubs (goal setting, time management, self- discipline, team work...) PATH,9 TGF\/, CFEAT ** Targeted supports for groups of students: Why Try, driving to Achieve Excellence (STAE), Connect with Kids, Seven Habits of Highly Effective Teens, Mind -up, Connected Schools * ** Intensive _%pportsfor individual students: Coastal Horizons S_ibstanceAbuse Interventions, CR SSROAD$ Pathways, individual counseling, Special Education referral /IEP's, Section 504 plans, Emergency Medical Plans, Lake Forest Academy, Access Day Treatment, Hospital- Homebound services, Health Department/ Mental Health services, Learning Perspectives, WHAT, Community Crisis Fbsponse Team, ELEMENTS Board of Commissi ers - October 19, 2015 ITEM- 1 - 6 Types of Behavior Intervention Options Teacher/ Classroom or • Dress code violations Tier I and Tier II Interventions (see Appendix B) School Interventions • Isolated and minor acts • Redirection of disobeying classroom • burnaling/Peflection behavioral expectations • Pe- teaching, tutoring, differentiation • Not meeting academic • Moving seats expectations • Contacting parents • Late to Gass • School climate initiatives: Involvement with school wide • Refusing to do work interventions* • Referral to appropriate support personnel: school counselor, social worker, graduation coach, nurse, school psychologist+ Administrator / School • Repeated behavior Tier II Interventions (see Appendix B) or District expectations violations • Referral to appropriate support personnel+ Interventions • Truancy • In School Suspension with academic support and social • Late to school skillstraining, • Rghting • Targeted interventions such as Why Try, STAE, Mind Up, • Sexting/social media Pape Crisis program, ABEAlternative Education Modules (other than • School Service Learning communicating threats) • If no improvement refer to School Based Team Student Based Team/ • Pepeated school rule Tier III Interventions (see Appendix B) District or Community violations • Using the problem solving method (PSM) to determine Interventions • Failure in classes best approach to help student • Difficulty with behavior • Functional Behavioral Assessment (FBA) with Behavior in multiple school Intervention Plan (BIP) settings • Family Involvement Team and plan (RT) • Excessive absenteeism • Response to Instruction (RTl) referral for academic and /or behavioral supports, Personal Education Plans (PEP) • McKinney —Vento considerations (homelessness) • Referral to targeted or intensive interventions * ** • Out of school suspension should be avoided when possible and not used for absenteeism or tardies Law Enforcement •Weapons Ter III Interventions (see Appendix B) Interventions • Drugs • Teen Court • Battery • Community Service • Communicating Threats • Judicial Justice System as last resort + This list is not exhaustive. F;bferral to appropriate support personnel: School counselor, social worker, graduation coach, nurse, school psychologist. At times, other personnel such as speech language pathologists or occupational therapists maybe important resources for children. Some schools additionally house non - profit support personnel. Examples include Communities in Schools site coordinators and Wilmington Health Access for Teens has physical and mental health counselors. * School -wide initiatives and School Climate initiatives. Character Education, Bullying prevention and response, classroom management, experiential learning, Peer Mediation Community service projects, Career Tech Ed, academic guidance and support, sports, clubs (goal setting, time management, self- discipline, team work...) PATH,9 TGF\/, CFEAT ** Targeted supports for groups of students: Why Try, driving to Achieve Excellence (STAE), Connect with Kids, Seven Habits of Highly Effective Teens, Mind -up, Connected Schools * ** Intensive _%pportsfor individual students: Coastal Horizons S_ibstanceAbuse Interventions, CR SSROAD$ Pathways, individual counseling, Special Education referral /IEP's, Section 504 plans, Emergency Medical Plans, Lake Forest Academy, Access Day Treatment, Hospital- Homebound services, Health Department/ Mental Health services, Learning Perspectives, WHAT, Community Crisis Fbsponse Team, ELEMENTS Board of Commissi ers - October 19, 2015 ITEM- 1 - 6 Note: If the student ever expresses suicidal thoughts or there is evidence or reports of child abuse, neglect or self- injurious behavior those should be reported immediately according to these NHCSpolicies: Suicide Prevention: httP: / /www.nhcs.net /support /Counselors- SDdal° /c2OWkrsi Suicide°/c2OPrevention°/c2Oand°/c2Olntervention ° /c2Orev °/`201- 26- 12.pdf Self-Injurious Behavior: http: / /www.nhcs.net /support /Counselors- SDdal° /c2OWkrsi Sal f° /c2Olni urious° /c2OProtocol.pdf Child Abuse or Neglect: http: / /www.nhcs. net /policies/series6000 /6440.pdf Support Personnel: http:// www. ncpublicschools .org/work4ncschools /employment /iobdescrip/ D. Focused Acts There are multitudes of ways students may act that subject them to discipline. Non - criminal conduct may subject a student to discipline and, in appropriate cases, trigger the implementation of the graduated response model. The following is list of minor criminal offensesthat may occur in schoolsthat would trigger implementation of the graduated response model. Each situation must still be evaluated as set out herein to address safety concerns, the learning environment for other students and whether the conduct suggeststhat more serious problemsexist. a. Affray (not involving serious physical injury or weapons and no heightened level of concern) b. 9mpleAssault (not involving school personnel and no heightened level of concern) c. Disorderly Conduct d. Misdemeanor Larceny e. 9mple Possession of Marijuana (personal use) f. Possession of Drug Paraphernalia (personal use, related to use of marijuana, and no evidence of sale) g. Possession or smoking cigarettes or nicotine containing products including e -cigs, underage h. Damageto property (real property or personal property, damage lessthan $1,000, no heightened level of concern) i. Possession/ Use of Alcohol E Law Enforcement (not SRO's) Activity at Schools The parties agree that non -9:;,10 law enforcement officers need to follow certain protocols when on school grounds in non - emergency circumstances as follows. 1. Law enforcement will endeavor to act through school administrators whenever they plan any activity on school grounds, when appropriate. 2. Law enforcement officers entering school grounds will be aware of the potential disruption of the educational process that law enforcement presence may cause. 3. Prior to entering a school to conduct an investigation, arrestor search, law enforcement officers will consider the necessity of such action based on: a. The potential danger to persons; b. The likelihood of destruction of evidence or other property; c. The ability to conduct the investigation, arrestor search elsewhere d. d. Ct her factors relevant to law enforcement and public safety. Board of Commissi ers - October 19, 2015 ITEM48- 1 - 7 4. When taking a student into custody: a. Law enforcement officersshould make reasonable effortsto avoid making arrests or taking students into custody on the school premises, when appropriate. b. Whenever possible and appropriate, students should be taken into custody out of sight and sound of other students. c. c. The safety of persons in the paramount concern and law enforcement officers shall not be limited by this agreement if in their professional judgment, students should betaken into custody on school premisesor in the sight or sound of other students. F. Role of the School Resource Officer (SRO) The mission of the SRO is to improve school safety and the educational climate at the school, not to enforce minor incidents of school discipline or punish students. The SUs presence on school campus is desirable to reduce the likelihood of weapons, drugs, and persons with the intent to commit harm from entering upon the campus or to attempt to disable persons with intent to harm and confiscate weapons and drugs that enter campus premises. This primary safety concern could be compromised when SUs are removed from campus to transport students on Focused Acts or when distracted on campus by students committing Focused Acts. Absent a real and immediate threat to student, teacher, or other school official, and absent the situations described herein where SIRO intervention is deemed appropriate, the school administrators shall be responsible for the handling of situations and shall not direct an 9R0 to take action contrary to the terms, conditions, and spirit of this agreement and the role of the 9R0 that would result in the unnecessary filing of ajuvenile petition, citation, or arrest. G Prerequisites to Filing a,Lvenile Petition/ Citation) Arrests The parties agree that Focused Acts are considered school disci pline issues to be handled by school officials and are not deemed criminal law issues warranting the filing of a juvenile petition or criminal citation unless the student has committed at least two (2) separate prior Focused Acts within the same school calendar year and each incident documented using the Warning Notice. 1. Warning Notice The Warning Notice is a discretionary tool that is not required unless the SRO deems it just and appropriate. The MOs discretion shall take into consideration certain factors that include but not limited to the student's overall discipline record, academic record, nature of the offense, display of remorse, attitude toward others, and the disciplinary action taken by the school administrator. Nothing in this agreement shall be construed to require or mandate the use of a Warning Notice upon the commission of a Focused Act. AWarning Notice shall not be issued without first consulting with an administrator to ascertain the disciplinary response of the administrator. The administrator's disciplinary response shall be given greater weight in mitigation of issuing a Warning Notice unlessthe nature of the act complained of and the needsof the student warrant additional action and /or services. The decision to issue a Warning Notice shall be made on a case by case basis using SRO discretion as described above. School administrators are prohibited from directing the SROto issue a Warni ng Notice, cite or arrest a student, or file aj uvenile petition. The SRO may apply verbal admonishments or counsel in lieu of a Warning Notice. The parties shall consult on the development of the Warning Notice. Board of Commissioners - October 19, 2015 ITEM: 18- 1 - 8 2. Intervention A commission of up to 2 Focused Acts in the same school year may result in a referral to a graduated program made available by the school, juvenile court, or community. Sbs are not required to make a referral and may admonish and counsel or give another warning using the Warning Notice, or defer to the disciplinary action taken by the administrator. A referral is made using the Warning Notice and forwarded to the School Based Team. If it is serious enough to warrant juvenilejustice intervention or warrants criminal charges, the SRO follows appropriate procedures The commission of athird Focused Act in the same school year may result in thefiling of ajuvenile petition, or charge as an adult (16 and older) but is not mandated by this agreement. The SR0 has discretion to take other action that includes deferment to the administrator's disciplinary action, admonishment and counsel, or a referral to a graduated response program. 3. Exigent Circumstances The parties from their experience acknowledge that there may be situations that warrant removal of a st udent from the campus to maintain safety of other students and school staff or to prevent or stop disruptionsto the learning environment. The SRO and administrator shall always utilize least restrictive measures appropriate to the circumstances to remove a student from campus beginning with parental contact to retrieve their child. Arrest and detention of ajuvenile (student under 16 yearsof age) shall only take place in accordancewith existing North Carolina taw. 4. Probation Exception Under existing law ajuvenile petition cannot be filed on a student who isserving probation under the supervision of thejuvenile court without obtaining approval from the Division of J..ivenile Justice and Delinquency R-evention. If a SO has knowledge that a student 16 years of age or older is on adult probation, the SO will make every effort to contact probation before charging on offenses wit hi n this I nter - agency Agreement. 5. SOecial Education Prerequisites Ajuvenile petition or adult citation or warrant shall not be filed alleging a Focused Act against a student with an IEP without first considering the student's IEP and determining what actions are required under the IEP to remedy the behavior or if the IEPshould be modified to assess the behavior giving rise to the conduct. If the SRO believes that ajuvenile petition or adult citation or warrant is appropriate and the student has an IEP, the SRO shall act immediately to bring the matter to the attention of the administrator to take appropriate steps in accordance with the IDEA and for the protection of the student's rights, and the rightsof others, under the law. Board of Commissi ers - October 19, 2015 ITEM- 1 - 9 lon-alm, Written policies already exist in the New Hanover County Schools for response to bullying, consistent with the Safe Srhools Act. 7. FdonyOFFensss The parties acknowledge that some felony offenses may not warrant a juvenile petition due to the nature of the offense (e.g. no physical injury) coupled with the discretionary factors described above and the needs of the student, especially involving studentsdiagnosed with Learning Disabilities (LD)andEmotional Behavioral Disorder (EBD). The parties agree that SUs are not mandated to refer a student to juvenile court on a petition or charge as an adult because the allegations are felonious. The 3:;,10 shall have the discretion to make the determination in consultation with the administrator. The parties have acknowledged that is in the best interestsof the student to divert from criminal justice system when warranted to avoid the stigmatization of criminality. The parties further acknowledge that it is a best practice for 9;cs to refrain from unnecessary filings that would otherwise minimize SRO visibility and presence on school campusand diminish the effectiveness of the Positive Eludent Engagement Model supported by the parties. The parties agree that in cases involving felony allegations that may warrant alternatives to filing ajuvenile petition, the SRO may consult with the juvenile court intake supervisor for recommendations and/or direction. 8. Diversion SRO's are encouraged to utilize Teen Court as a diversion even though a case could be referred to court. SRO's must contact the Teen Court Coordinator for approval. This is true even for offensesthat have not been historically approved for Teen Court referral such asthe misdemeanor weapon on campusoffense. 9. Arrest and Detention No student accused of a Focused Act shall be placed in a secure facility unless approved by ajuvenile court intake officer and District Court Judge. If a student meets the criteria for filing of a juvenile petition, it is presumed that the student will be released to his parent, guardian, custodian, or relativesto be returned to his legal caretaker. In accordance with the law, ajudge or designee shall not detain a child unless the statutory factorsfor secure custody have been evaluated. Thej uvenile court employsa Detention Assessment Tool to determine the risk of re- offending on acts resulting in serious bodily injury, theft and property destruction. In the case of criminal charges (age 16 and above), citations should be used unlesssafety and risk factors necessitate arrest and an initial appearance before the magistrate. Board of Commissic ers - October 19, 2015 ITEM:"18- 1 - 10 10. Treatment of Elementary Age Students Generally, juveniles of elementary age do not possess the requisite knowledge of the nature of court proceedings and the role of the various players in the courtroom to assist his or her defense attorney and /or grasp the seriousness of juvenile proceedings, including what may happen to them at the disposition of the case. The parties agree that ajuvenile petition or juvenile court intake shall not be filed on an elementary age student without first consulting with law enforcement officer. The tender ageof elementary students demands that least restrictive measuresbe utilized to address the chronic disruptions of the student. The parties agree that elementary age students are not subject to these conditions, criteria, and agreements of this agreement and shall be handled in accordance to their age and state of mind. 11. Parents, Guardians and Private Service Providers Parties to this Inter - agency Agreement encourage parents, guardians and private service providers to involve schools in the treatment plan of students. Wrap- around services are more effective when all of the professionals and service providers that work with astudent share relevant information. H. Data Sharing, Collection and Monitoring The parties agree that they will provide baseline data for comparison purposes and regularly collect, share, monitor and report data resulting from the implementation of thisagreement. 5A A /q"/Am – on a quarterly basis, the following information will be collected. No identifying data should be included in the reports to protect student privacy and confidentiality. S�hool— number and types of disciplinary actions, numbers and demographics of students involved, referrals to law enforcement. Law Enforcement— number and types of school incidents for which law enforcement incident reports are written, law enforcement actions on incidents. 9Apport Services- number and types of referrals, interventions/ programs, outcomes. 5AC f UA4i On a regular basis that should not exceed a month, any agency (school, law enforcement, social services, mental health, other services) that refers a student to another agency should request follow -up information to determine what actions have occurred. Information sharing agreements (Mutual Exchange of Information Form) should be requested from the parents so private agencies can also share information with the schools. R.'gular follow -up and data sharing is required for monitoring of individual student progress and determination of service needs. For comparison purposes, the parties agree to retrieve the above data for a year prior to the signing of the agreement and quarterly after the signing of the agreement. t'rt+tee a or162'4+— on a regular basisand at least quarterly, parties acknowledge and agree that the Progress Monitoring Team composed of members from each stakeholder group (schools administration, school support services, school resource officers, law enforcement, mental health, researcher, communityjustice, community members, youth, service providers) Board of Commissi� ers - October 19, 2015 ITEM. 8- 1 - 11 will meet to provide oversight of the agreement and review relevant data and analysis. Each year the Progress Monitoring Team will determine if changes to their memberships would be beneficial. At least annually, the Team will prepare a report of activities and make recommendations for improvements to the agreement and /or its implementation. Sae Appendix Cfor team membership. I. Duration and Modification of Agreement This agreement shall become effective full force and effect for three yearsfrom itseffective date. extended at any time by amendment to the agreement. and shall remain in The agreement may be modified or In witnesswhereof, the parties hereto, intending to cooperate with one another, have set their signatures to this document on this day. Don Hayes, Chairman, New Hanover County Board of Education Date Tim Markley, Siperintendent, New Hanover County Schools Date J.H. Corpening, II; Chief District Court Judge Date Ben David, Prosecutor, 5t" Judicial District Date Ed McMahon, Sheriff, New Hanover County Date Ralph Evangelous, Chief of Police, Qty of Wilmington Date Dan House, Chief of Police Wrightsville Beach Date Harry Humphries, Interim Chief of Police Carolina Beach Date Fbbert Speight, Chief Court Counselor, 5t" District, Department of Public Safety Date Michelle Winstead, Director, New Hanover County DSS Date Leza Wainwright, CEO, Trillium Date Board of Commissi�gers - October 19, 2015 ITEM. 18- 1 - 12 Board of Commissi� rs - October 19, 2015 ITEM. -1 -13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Community Justice Services PRESENTER(S): Kathy A. Stoute, Community Justice Services Director CONTACT(S): Kathy A. Stoute SUBJECT: Double the Impact - CJS Prevention Services Presentation BRIEF SUMMARY: Community Justice Services Department was tasked by County Management to demonstrate what resources are necessary to double the impact of the Youth Empowerment Services Division with a focus on prevention (first) and intervention (second). STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve funding for requested expansion of the Community Justice Services prevention programming and services in the amount of $233,000. ATTACHMENTS: CJS Double The Impact Presentation Budget Amendment 16 -022 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -1, Commissioner White dissenting. Board of Commissioners - October 19, 2015 ITEM: 19 U w w J 0 m 0 FM u a LLI FM LLI J m LA rl O � N _ L N L O U O Board of Commissioners -October 19 2 5 ITEM: 19-1 -1 —µii 0) U N � � � O U N 3 V L O Q L o v V _M Z Board of Commissioners -October 19 2 5 ITEM: 19-1 -1 —µii a O L a a V i O V W i O LL D s L c� a� m L Z N N E ca tw O a LA N r-I � O � N _ L N L O U O U L '++ G N V � L 1 O �M E_ E� O V Z Board of Commissioners - Octobiiei 5 ITEM: 19- 1 - 2 = —µii cti• 3: O N V N .0 M V O O U f� Q J- J O E E O U U O J cn .O ca E L U O 64, N E U > CL 06 DC W V 1 N Ln E Ln U a-+ Ln n .E .7 U ca N ca 2 O O U ca �U O Ln E E O U �� U O +.j Q E O 3 Q, C g if �•� LA .� w 'V) U � as`LT 2 MA El T -2 �v c r a �y01 E al 5RE u e H i L O O CL O (0 U W W L ca U z 06 V) U 2 z LA r-I O N Ln O O U a, L a� U 3 1 a E O V M N O V L O C M z Board of Commissioners -October 19 2 5 ITEM: 19-1 - 3 LA qi* i O U O L A N b.0 E =3 N �� u O : O O > O O � U Ln cn 4A -0 — > � • ' • 2 ca •v 0 0— E w O O a O N N alp to cn NOS •u o Q� •— •— E =3 ._ aA ca -0 ca > � O ca 4-J L cn._ LL O -C • — .0 L p ca CL 0 O cn Q > ++ M c- •— cn N +-+ O c- 0 0 > cn E 0 ._ �— o-0 O O vU•> (1) CEO o 3 0 U0 a� �> �?co co M Ln 4-j O O oM .O— �'N •— Q N bn N >- C: -0 -C >, Q) M Q� U p cn — O N ~ -0-r N� L U U 7.5 i ca _=3 N Q W O � �� aA �� 0� u C: a E W > E W v Q� a � -0,0 O � Ov aN, L O -0 00 Q do cv L =3 O` O O � � � L u4— O c6 �, > U aA .- a � N N U �= O 2� cam E > �.� QO U E z CmO -0 coC I— >,�o_r_0-uz Board of Commissioners - October 19 2 15 ITEM: 19- 1 - 4 N L. V � aA 00 O � O a--� O i E N aA N O 4—J U i u O a--� O U > O O O O O U w O A Q N O a� N O Q O L. Q O L. C� ca O U W O U a� N E Q E A N =3 p(� O W L. O =3 O O _r_ N ci i ca � ca Q � O U U '� O O }' O > E O U U E hA i a� N U U U ca U U Board LA LA >` 1134 O . '� L N E W L N U 0 c ca O 113-0 `n N ca O U_ '> Q L. O Nt.A C: L- 0 (10 a-) ate-+ ate-+ 'U U O To E L. O O C: O L. U tw (0 'Q (A a) 4A a� O N >, U O u o a M cn E _ o E N V Z of Commissioners - October 19 2 15 ITEM: 19- 1 - 5 N a V i a N i M V 4- O E a-+ O V a O 0. O L a \ r w a W V � O L a i = N M _ b�A M O I O O •� 1O V �C LA V G d d tp 0 G o� cb V Ln n a c+n O � N _ L N L O U O •L o N V � L 1 O �M E_ E� O V Z Board of Commissioners - October 1 2015 ITEM: 19- 1 - 6 O = 00 W O I O � s 1O s V a 00 > o� cb V Ln n a c+n O � N _ L N L O U O •L o N V � L 1 O �M E_ E� O V Z Board of Commissioners - October 1 2015 ITEM: 19- 1 - 6 O C� N O O U W* 1T .0— V I. L a-J N L O N LA N � O O N � — t. LA N O N U � O N U N tw N � � U ate-+ • tw +� N tw cn N +� Z' U +-+ O O ca O _ •L O U b n • U cn +r ca _� o • cn •— N (A V N N U N CO Q CO • U m U U U `� =3 p 0 C) DC C) N —— •— — V Z A Aoard of CAOmmissioners - October 19 2 15 ITEM: 19-1 - 7 r.=:. Board of Commissioners - October 19 2 15 ITEM: 19- 1 - 8 O N � L _ N L LM p Ln r-I 4--) cn CL > 4-) L co U to cn O > � N I o li � 111 M N r-I / M Ln r-I (rLL V L V 2 U •i rn I a P4 CL U 3 A V Ln 3 L > r-I O i E- M E _ E 0 0000 0 � oN o 0 0 R* oN N r-I r-I r-I r-I r-I V d1 Z Board of Commissioners - October 19 2 15 ITEM: 19- 1 - 8 O V O L aM Ln L •E IZ V � it N O a-+ i L a 0 Ln N 8 0 ° N r-1 O M 0 9 O Ln 0 M C O M U 3 W O s U Vf a a, tw M M M V c� Q a M MMI LA M O &!�ll i M LA a� V ■ LA 01 O � N _ L N L O U O o N V � L o M E _ E 3 o V Z Board of Commissioners - October 19 2 15 ITEM: 19- 1 - 9 Ln O o � N � M Ln L N O *+ M O U O U W O O s U �+ (. a V Ln L °' a w ci M _ i M Q 1 a 2 �- L •E M LPL O V M > ci i LL. +r V1 O � V ■ .� N W O N }+ N U 3 L v v O M E _ E 3 0 0 0 0 0 X V O Z M N N Board of Commissioners - October 19 2 5 ITEM: 19-1 - 10 —µii LA rl N O O O 0 0 O O O 0 0 L N m N M N Ln o lZ*- O -mac L C� v � O 'O � Q � Q C� 06 Q� tw Q� tw •E a--� ca UL 0 •V =3 UL = O +(0 >, U C: C: oo C ' 0 O LL (n • cn b.0 LL L (a V •> •� L O Co LLJ O N = w G 4-J iti• U ,� '� a� o +-� +� V •- > w 3 i l L• +-j O Ln O V N c� s LA N r-I r-I O � N � Ln N L O U O a, U L U 3 O N V � L 1 O M E E O V Z Board of Commissioners - Octobiiei 5 ITEM: 19- 1 - 12 = —µii AGENDA: October 19, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Deliver value for taxpayer money Fund: General Department: Community Justice Services Exuenditure. Decrease Increase Total BA 16 -022 - Double the Impact Initiative $ 233,000 $ 233,000 BA 16 -022 - Departmental Adjustments $ (233,000) $ (233,000) $ - Total $ (233,000) $ 233,000 1 $ - Revenue: Decrease Increase Total $ - Total $ - $ - $ - Prior to Actions Total if Actions Today Taken Departmental Budget $ 1,730,307 $ 1,960,353 Appropriated Fund Balance Section 2: Explanation BA 16 -022 reallocates existing resources to "Double the Impact" of the Youth Empowerment Services Division of Community Justice Services by expanding two evidence -based prevention programs NHC already operates - Promoting Alternative Thinking Strategies (PATHS) and Too Good for Violence (TGFV). In addition, psycho - educational group therapy and case management for the youth and family will be funded. 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(s) 16 -022 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 19th day of October, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 19- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Jennifer Maready, Deputy Chief Financial Officer SUBJECT: Consideration of Lease Agreement and Interlocal Agreement Regarding Sales Tax with the New Hanover County School Board BRIEF SUMMARY: New Hanover County (County) and the New Hanover County School Board (School Board) are not exempt from paying state (4.75 %) and local (2.25 %) sales tax on items purchased. However, the County may, and does, request a refund of both state and local sales tax paid. Conversely, the School Board can only request a refund of the local sales tax it pays and does not have the authority to request a refund of the state sales tax. The School Board approved at their October 6, 2015 meeting an interlocal agreement and a lease agreement that would assist in obtaining the state sales tax refunds for the School Board. This would allow the sales tax paid on bond projects to be refunded and used for additional capital projects. The arrangement that the School Board approved will include the School Board leasing those school facilities, with associated capital projects, to the County, thus allowing the County to request the local and state sales tax refund. This method has previously been used by Wake County and the Wake County Board of Education. The Department of Revenue agreed that the arrangement between Wake County and the Wake County Board of Education was acceptable. The County proposed alternate language to allow the New Hanover County Board of Commissioners more flexibility with the sales tax refunds to include use to pay debt service on the school capital projects funded through general obligation bonds. This language was not accepted by the School Board. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board approve the lease agreement and sales tax interlocal agreement. ATTACHMENTS: Memo Interlocal and Lease Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - October 19, 2015 ITEM: 20 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 20 NEW HANOVER COUNTY FINANCE DEPARTMENT 230 Government Center Drive Suite 165 Wilmington, NC 28403 Telephone: (910) 798 -7187 Fax: (910) 798 -7806 +)NTY.- GO F 0 �i. _FS�A,�SHr Lisa Wurtzbacher, CPA Chief Financial Officer Barbara D. McClure, CPA Deputy Chief Financial Officer Jennifer R. Maready, CPA Deputy Chief Financial Officer To: Board of County Commissioners From: Lisa Wurtzbacher, Chief Financial Officer Date:9/24/15 Subject: Sales Tax Interlocal Agreement with New Hanover County School Board Purpose: The purpose of this memo is to inform you of draft agreements that are being discussed between New Hanover County ( "County') staff, New Hanover County Schools ( "Schools ") staff and the New Hanover County School Board ( "School Board "). These agreements may come before you as the Board of the County Commissioners as soon as next month. Background: The County and the School Board are not exempt from paying state (4.75 %) and local (2.25 %) sales tax. However, the County may, and does, request a refund of both state and local sales tax paid. Conversely, the School Board can only request a refund of the local sales tax it pays and does not have the authority to request a refund of the state sales tax. Currently, a draft interlocal and a draft lease agreement is being circulated and discussed that would assist in obtaining the state sales tax refunds for the School Board in particular to the sales tax paid on bond projects. The arrangement that is currently being proposed will include the School Board leasing those school facilities, with associated capital projects, to the County, thus allowing the County to request the local and state sales tax refund. This method has previously been used by Wake County and the Wake County Board of Education. The Department of Revenue agreed that the arrangement between Wake County and the Wake County Board of Education was acceptable. Proposed Language: In the documents provided to the County from the School Board, several sections noted that the amount of refunds received by the County for the school capital projects would be appropriated as "supplemental funding" for school capital building and renovation projects approved by the County. As staff we are in agreement that if the funds are to be used by the schools, they should be used for school capital projects that would work to narrow down the capital ask on future bond projects. However, we Website: www.nhcgov.com Professionalism I Integrity I Innovation I Stewardship I Accountability Board of Commissioners - October 19, 20 ITEM: 20- 1 - 1 are also requesting the flexibility to use those funds for debt service on the bonds that are financing these projects should that be the Board of Commissioners' desire in the future. The proposed language which gave the County this flexibility was not agreed to by the School Board at their most recent meeting and they will continue the discussion, with a potential vote on approving the interlocal at their October 6, 2015 meeting. One concern cited by School staff was the fact that the schools already have the ability to claim a refund for the local sales tax of 2.25% and would potentially lose the ability to use those funds for capital through the alternative language the County provided. As a compromise, the County has proposed language that would allow the Schools access to the 2.25% for school capital projects as approved by the County and allow the new money, the refunds claimed on the state sales tax, to be used for school capital projects as approved by the County or debt service for those projects. County staff has currently not heard from School's staff that this language would be acceptable. Conclusion: As County staff, we believe the language that was proposed to the school board is the right decision for the County as it allows for the receipt of new money to be used in the most appropriate way as determined by the Board of County Commissioners, whether that decision is to use the funds to supplement funding for school capital projects, to reduce the amount we ultimately borrow from our authorized general obligation bonds or to assist in paying debt service on the debt that is ultimately borrowed for these projects. Website: www.nhcgov.com Professionalism I Integrity I Innovation I Stewardship I Accountability Board of Commissioners - October 19, 20 5 ITEM: 20- 1 - 2 Prepared by and return to: Wayne A. Bullard, General Counsel New Hanover County Board of Education 6410 Carolina Beach Road, Wilmington, NC 28412 NORTH CAROLINA NEW HANOVER COUNTY INTERLOCAL AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into this day of , 2015 by and between County of New Hanover ( "the County ") and the New Hanover County Board of Education, a county board of education organized and existing pursuant to N.C. Gen. Stat. § 115C et seq. ( "the School Board "). WHEREAS, the School Board has substantial need for new and improved buildings and equipment; and WHEREAS, it is the intent of the County to assist the School Board in obtaining these buildings and equipment within the constraints imposed by limited financial resources; and WHEREAS, the County and the School Board shall be co- developers of identified new school and renovation projects; and WHEREAS, as part of the co- development of certain identified projects, the School Board shall convey by lease acceptable to the parties identified school sites to the County in order to enable the County to reclaim sales and use taxes paid by the various contractors and vendors; and WHEREAS, the County is authorized to reclaim sales and use taxes paid to the State of North Carolina (N.C. Gen. Stat. §105- 164.14 et. seq), to acquire real and personal property for the use by the School Board (N.C. Gen. Stat. §153A- 158.1), and to construct, equip, expand, improve, and renovate property for use by the School Board (N.C. Gen. Stat. §153A- 158.1); and WHEREAS, pursuant to N.C. Gen. Stat. Chapter 160A, Article 20, Interlocal Cooperation, the County desires to designate the School Board as its agent to carry out the construction projects, and the School Board is willing to accept the appointment pursuant to the terms of this Agreement; and WHEREAS, the County intends to claim the and appropriate the same to the School Board as renovation projects approved by the County; and sales and use tax refunds on the construction projects, supplemental funding for school capital building and WHEREAS, the School Board and the County are authorized to enter into an interlocal agreement pursuant to N.C. Gen. Stat.§ 160A -461 et seq.; and WHEREAS, the School Board and the County entered into an interlocal agreement dated , recorded in Book Page of the New Hanover County Registry (hereinafter the "Veterans Park Interlocal Agreement), whereby the County acquired title to the property now known as Veterans Park upon which Ashley High School, Murray Middle School, and Anderson Elementary School campuses were later built, leased such school sites to the School Board, and agreed to convey title to such school sites to School Board once the County's indebtedness secured by such school sites is paid and satisfied (hereinafter the "Veterans Park School Sites "); and WHEREAS, the County remains the owner of the Veterans Park School Sites as of the effective date of this Agreement and the School Board continues to lease the Veterans Park School Sites from the County; and WHEREAS, as part of the co- development of the Veterans Park School Sites, the County desires to designate the School Board as its agent to carry out construction projects on those sites and the School Board is willing to accept the appointment pursuant to this Agreement; and WHEREAS, the School Board and County wish to enter into an agreement to govern the rights and obligations of the parties with regard to sales and use tax refunds on certain construction projects commencing Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 1 subsequent to the effective date of this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows: 1. Agcncv Created. The County irrevocably appoints the School Board as its sole agent to carry out all phases of any construction or renovation project undertaken pursuant to this Agreement. The School Board, as the County's agent, assumes all of the County's rights, duties, and responsibilities regarding any construction or renovation project undertaken pursuant to this Agreement. Notwithstanding previous arrangements, this Agency shall govern all phases of any construction or renovation project undertaken pursuant to this Agreement. a. Negotiate and Execute Contracts. The School Board, as the agent of the County, shall have sole and exclusive authority to negotiate and execute on behalf of the County all contracts for the construction or renovation of school sites undertaken pursuant to this Agreement, as long as the funds to be expended pursuant to those contracts are within the project budget established by the School Board and approved by the Board of County Commissioners. b. Supervise Construction and Renovation Projects. The School Board, as agent for the County, shall be solely responsible for carrying out and maintaining the construction and renovation projects and the School Board shall have all rights to supervise the construction and renovation projects. The County shall have no supervisory authority for the construction and renovation projects. C. Administer Contracts. The School Board, or the Superintendent or his designee, provided the applicable procedures prescribed in paragraph l(a) are followed, as agent for the County Commissioners, shall issue any required purchase orders for the identified projects. The School Board shall have authority to approve and enter into any change orders for any and all identified projects as long as the funds are within the project budget established by the School Board and approved by the County, including change orders establishing the Guaranteed Maximum Price on CM at Risk projects. The School Board shall act as the County's designated representative for administering the contracts and award process. All procurement activities shall comply with this Agreement, the North Carolina public procurement laws and any other State law applicable to the School Board. The School Board shall ensure that all contractors provide applicable sales and use tax certificates, on a form similar to that incorporated as Exhibit A. The School Board shall approve all proper requests for payment and shall pay the contractors from the funds provided by the County. d. Enforce Contracts. The School Board shall have the right to enforce in its own name or in the County's name such purchase orders, contracts, or change orders entered into in the County's name or the School Board's name for the identified construction and renovation projects. e. Pre -Audit Certification. Pursuant to N.C. Gen. Stat. §159-28, the County hereby authorizes the Finance Officer of the School Board to act as the Deputy Finance Officer of the County for the limited purpose of pre - auditing the contracts and change orders executed pursuant to this Agreement as required by the Local Government Budget and Fiscal Control Act, on behalf of the County. f. Leases. Easements. Roadway Dedications. and Rights of WaL. The School Board, for itself as owner of the underlying property and as agent for the County when necessary, shall have the right to negotiate and execute any lease, easement contract or dedication, or right of way contract or dedication upon a portion of the identified projects that it deems in its best interest to provide access for public infrastructure or other purposes over the identified projects. Should the School Board need the County's execution of any document for leases, easements or other partial interests, the School Board, as agent for the County, shall have the authority to execute any such documents it deems necessary. 2. Implementation of Agreement. The County Manager and Superintendent or their designees shall establish policies and procedures to implement this Agreement not inconsistent with the terms of this Agreement. 3. Property Affected. The property or properties to which this Agreement include the Veterans Park School Sites and those identified in the attached Exhibit B. Properties may be added to or removed from this Exhibit at any time by written agreement(s) between the County Manager and Superintendent as further described in the Master Lease Agreement. Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 2 4. Ownership of Property. The School Board shall convey a leasehold estate interest in the property or properties identified on Exhibit B to the County. Conveyance by the School Board to the County shall be by execution and delivery of a Master Lease Agreement. The County shall retain a leasehold interest in the identified site(s) as provided in the Master Lease Agreement and any properties that may be added pursuant thereto. The Master Lease Agreement shall be substantively similar to the form attached hereto as Exhibit C. The Superintendent and County Manager are hereby authorized to execute the Lease Addition or Removal forms subsequently made between the parties pursuant to the terms of this Agreement. a. Board as A _gent. The School Board shall act as the County's sole agent for the construction and renovation projects covered by this Agreement. b. Insurance /Bonds. The School Board shall ensure that all architects, engineers, and other contractors maintain the adequate liability insurance on any identified project during the design and construction of each project. The School Board shall also require all architects, engineers, and other contractors to provide the necessary insurance and bonds as required by law. Notwithstanding any provision of this Agreement, the School Board shall retain the sole power to control and direct the application and distribution of insurance proceeds applicable to the construction projects and affected property. C. Use of Site. During the term of this Agreement, the School Board shall have the exclusive right to possess, use, occupy, and improve any properties identified and made subject to this Agreement for public school purposes, including without limitation the right to conduct surveys, soil borings and other necessary testing upon the property prior to construction, and the right to use, operate, maintain, and repair said property for such public school purposes thereafter until termination as hereinafter provided. In addition to the above, the School Board shall have the right to authorize the use of any properties identified as being subject to this Agreement by third parties for non - school use pursuant to School Board policies. d. Indemnity. To the extent allowed by law, the School Board shall indemnify, defend and hold harmless the County from and against all claims, suits, actions and proceedings whatsoever which may be brought or instituted on account of, growing out of, occurring from, incident to or resulting from, directly or indirectly any and all damages, claims or losses arising from any injuries or damages (including without limitation, death) to persons or property arising out of the construction, use, and /or management of any contracts and /or properties under this Agreement, and the negligent or willful acts and omissions of the School Board and those for whom it is legally liable, and all losses, costs, damages and expenses (including, without limitation, reasonable attorneys' fees), unless and to the extent such injuries or damages (including, without limitation, death) result from, or are claimed to have resulted from the negligent acts or omissions of the County, the County's agents or others for whose acts the County may be legally responsible. The School Board shall assume, on behalf of the County, and conduct with due diligence and in good faith, the defense of all such claims, suits, actions and proceedings against the County whether or not the School Board is joined therein, even if such claims, suits, actions or proceedings be groundless, false or fraudulent, and School Board shall bear the costs of all judgments and settlements in connection therewith; provided, however, the County may defend or participate in the defense of any or all of such claims, suits, actions or proceedings. 6. Obligations and Rights of the County. a. Right to Inspect. The County and their representatives and agents shall have the right to enter upon the site and inspect any identified construction or renovation project from time to time during construction. The County and their representatives and agents shall also have the right to review and inspect any contract, change orders or other contract amendments approved by the School Board or its authorized employees. b. Sales Tax Refunds. The County shall promptly take all steps to obtain the sales and use tax refund from the State of North Carolina, and further, shall, upon request, provide the School Board with timely notice of its efforts and receipts. Any sales and use tax refunds received by the County as a result of the construction projects shall be utilized exclusively to provide supplemental funding for school capital building and renovation projects approved Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 3 by the County. The intent of this Agreement is to provide additional resources for the School Board and the County for use in the construction and maintenance of school buildings. 7. Amendment, This Agreement may not be amended without the mutual written consent of both parties. 8. Consideration. The County and the School Board acknowledge that this Agreement is supported by mutual and adequate consideration. 9. Termination of Agreement. This Agreement may be terminated by mutual agreement of the parties or upon one hundred eighty (180) days written notice to the other party. In the event of a breach of this Agreement by either party, the non - breaching party shall notify the breaching party of the nature of the breach. The breaching party shall have 45 days to cure said breach. The failure to cure any breach shall be grounds for immediately terminating this Agreement and all leasehold interests conveyed herein. The termination of the Agreement shall not affect the County's obligation to appropriate refunds to the School Board as required by Paragraph 6(b). In the event any portion of this Agreement is rendered invalid or unenforceable by a court of competent jurisdiction or by an act of the Legislature the parties may negotiate the termination of all or a portion of this Agreement and any leasehold interest of the County. Termination of this Agreement shall not affect the Veterans Park Interlocal Agreement, which shall remain in effect unless it is terminated by its own terms. 10. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 11. Governing Law. This Agreement shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this Agreement shall be brought in the General Court of Justice in the County of New Hanover and the State of North Carolina. 12. Register of Deeds. This agreement shall be recorded with the Register of Deeds as soon as practicable following its execution. 13. Effects on Previous Agreements. This contract, including its Attachments A -C, shall constitute the entire understanding between the County and the School Board regarding the subject matter hereof. This Agreement shall not affect any pre- existing Interlocal Agreement between the parties except as expressly provided herein IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as of the date first above written. ATTEST: Teresa Elmore Clerk to the Board of Commissioners [CORPORATE SEAL] ATTEST: Dr. Tim Markley, Secretary/Superintendent [CORPORATE SEAL] NEW HANOVER COUNTY, NORTH CAROLINA Chris Coudriet, County Manager NEW HANOVER COUNTY BOARD OF EDUCATION By: Donald S. Hayes, Chairperson Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 4 a d W H w Q O PW� W H w Q z a 0 x x °z 0 • w H 0 (1) an Cd P-� Q O W P1 w q h� o � � z U z � o o � a W H O� U w O Q O Gol W U � O z � O � H O � WW a W U_ OW z� Z Q z w �Q a� o~ o~ a� U N U ti 0 0 U N a� 0 _N Cd O O U a� a� a� 0 0 z O U o'? N N O c N O U W EF-- E O U O m O m EXHIBIT B A lease -hold interest shall be conveyed to the County for the following projects which shall be made subject to this Interlocal Agreement with the understanding that additional schools may be added from time to time in accordance with the terms of the Agreement: Porter's Neck Elementary School (new) College Park Elementary School Blair Elementary School Laney High School Hoggard High School New Hanover High School Roland Grise Middle School Noble Middle School Trask Middle School Myrtle Grove Middle School Wrightsville Beach Elementary School Sunset Park Elementary School Johnson Elementary School Pine Valley Elementary School Codington Elementary School Eaton Elementary School Holly Tree Elementary School Freeman Elementary School Bradley Creek Elementary School Sidbury Road Complex Board of Commissioners - October 19, 2015 ITEM:-�O- 2 - 6 EXHIBIT C LEASE AGREEMENT BY AND BETWEEN NEW HANOVER COUNTY BOARD OF EDUCATION (AS LANDLORD) AND NEW HANOVER COUNTY (AS TENANT) Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 7 TABLE OF CONTENTS Page ARTICLE 1. BASIC LEASE INFORMATION .... ............................... ARTICLE IL PREMISES, TERM, TERMINATION AND USE .......... ARTICLE III. LANDLORD'S COVENANTS ........ ............................... ARTICLE IV. TENANT'S COVENANTS ............. ............................... ARTICLEV. MUTUAL COVENANTS: ADDITIONAL MATTERS.. ARTICLE VI. DEFAULT ........................................ ............................... ARTICLE VII. MISCELLANEOUS ......................... ............................... Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 8 STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF NEW 14ANOVER THIS LEASE AGREEMENT, made and entered into the day of , 2015, by and between the New Hanover County Board of Education, a body corporate being a county board of education organized and existing pursuant to N.C. Gen. Stat. §115C et seq. (hereinafter called "Landlord "), and New Hanover County, a body politic and corporate (hereinafter referred to as "Tenant "). WHEREAS, the Tenant and the Landlord seek to co- develop the construction and renovation of some or all schools owned by Landlord; WHEREAS, the Tenant and the Landlord shall be co- developers of identified new school and renovation prcj ects; WHEREAS, as part of the co- development of the identified projects, the Landlord shall lease identified school sites to the Tenant in order to enable the County to reclaim sales and use taxes paid by the various contractors and vendors; WHEREAS, the Tenant has designated the Landlord as its agent to carry out the construction projects, and the Landlord has accepted the appointment pursuant to the terms of an interlocal agreement executed by the Landlord and the Tenant on 12015, and as may be amended from time to time (the "2015 Interlocal Agreement "); WHEREAS, the Tenant intends to claim the sales and use tax refunds on the construction projects, and appropriate the same to the Landlord pursuant to the terms of the 2015 Interlocal Agreement as supplemental funding for school capital building and renovation projects approved the Tenant; and WHEREAS, N.C. Gen. Stat. §115C-518, §160A-272 and §160A-274 authorize the Landlord to lease its property to the Tenant, and N.C. Gen. Stat. §153A -II and § 153A -158 authorize the Tenant to lease property from the Landlord; NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the parties agree as follows: ARTICLE 1 BASIC LEASE INFORMATION 1.1 Basic Lease Information. In addition to the terms that are defined elsewhere in this Lease, these terms are used in this Lease: 1.1.1 LANDLORD'S ADDRESS: Superintendent's Office New Hanover County Board of Education 6410 Carolina Beach Road Wilmington, North Carolina 28412 1.1.2 TENANT'S ADDRESS: County Manager's Office New Hanover County 230 Government Center Drive Suite 175 Wilmington, North Carolina 28403 Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 9 1.1.3 LAND: The land described in Section 2. 1, which is more specifically shown on Exhibit 1. 1.1.4 IMPROVEMENTS: The improvements now or hereafter located on the Land whether placed thereon by Landlord, Tenant, or their respective agents. 1.1.5 PREMISES or LEASED PREMISES: The Land together with all easements and rights of access over and upon the Land, as defined more particularly in Section 2.1. 1.1.6 2015 INTERLOCAL AGREEMENT: The Interlocal Agreement, dated 20 entered into by the Tenant and the Landlord and fully incorporated by reference herein. 1. 1.7 Exhibits. The following exhibits are attached to this Lease and are made a part of this Lease: EXHIBIT 1: Properties Subject to Lease EXHIBIT 2: Property Additions Form EXHIBIT 3: Property Removal Form 1.1.8 Consideration. The parties' mutual desire to seek reimbursement of sales tax shall serve as consideration of this Lease. ARTICLE II PREMISES, TERM, TERMINATION AND USE 2.1 Leased Premises. Under the limited terms, provisions and conditions hereof, and each in consideration of the duties, covenants and obligations of the other hereunder, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord that certain land(s) owned by Landlord located in and more particularly described in Exhibit 1, attached hereto and made a part hereof (the "Land "), together with all easements, rights -of -way, streets, alleys, passages, sewer /water rights, tenements, hereditaments, appurtenances and rights belonging or relating or appertaining to the Land and all rights, title and interest in, if any, of the Landlord, now or hereafter affecting the Land (collectively, with the Land, hereinafter referred to as the "Leased Premises" or the "Premises "). 2.1.1 Additional Property. Landlord and Tenant may add properties that shall be subject to this Lease by executing the preapproved form attached hereto as Exhibit 2, which shall then be recorded in the New Hanover County Registry. Pursuant to the 2015 Interlocal Agreement, the Superintendent and New Hanover County Manager are authorized to execute any Property Addition forms. The addition of any property shall not affect the Term of this Lease Agreement. The additional properties shall be subject to the same terms and conditions set forth in this Lease Agreement and shall terminate pursuant to the terms of this Lease. 2.1.2 Removal of Properties. Landlord and Tenant may remove a property that is subject to this Lease Agreement by executing the pre- approved form attached hereto as Exhibit 3, Upon receipt and execution of such notice by Tenant, this Lease Agreement shall no longer apply to the property or properties identified in that notice. Notwithstanding the foregoing, this Lease Agreement shall remain in full force and effect with respect to any other properties made subject to the Lease Agreement according to the terms and conditions herein. Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 10 Pursuant to the 2015 Interlocal Agreement, the Superintendent and New Hanover County Manager are authorized to execute any Property Removal forms. And such removal form shall be recorded in the Register of Deeds Office. 2.2 Title To Leased Premises. Landlord represents and warrants that as of the time of the execution of this Lease it has title to the Leased Premises and that it has full power and authority to grant this Lease to Tenant. 2.3 Term. To have and to hold said Premises, together with all privileges and appurtenances thereunto belonging, subject to the terms, provisions and conditions hereof, this Lease shall continue in force for a term (the "Term ") commencing upon execution of this Lease by all parties and recordation (fees to be paid by the Landlord) of a memorandum of such in the Office of the Register of Deeds (the "Commencement Date "), and terminating pursuant to the terms and conditions as stated in Section 2.4. 2.4 Expiration and Termination. This Lease shall automatically expire ten (10) years from the commencement of the Term. Notwithstanding the foregoing, upon the effective date of legislation enacted by the North Carolina General Assembly that provides authority for school districts or school systems to reclaim sales and use taxes paid to the State of North Carolina or that removes the authority for counties to reclaim sales and use taxes paid to the State of North Carolina, either party may terminate this Lease Agreement with provision of sixty (60) days notice of termination to the other party. Further, in the event the lnterlocal Agreement between Landlord and Tenant expires or is terminated for any reason before the expiration of this Lease, then this Lease shall be immediately terminated. ARTICLE III LANDLORD'S COVENANTS 3.1 Landlord's Obligations. Subject to Tenant's performance of its obligations hereunder, Landlord makes the following assurances to Tenant: 3.1.1 Leases, Easements, Roadway Dedications, and Rights of Way. Landlord has the absolute right to negotiate and execute any lease, easement contract or dedication, or right of way contract or dedication upon a portion of the Premises that it deems in its best interest to provide access for public infrastructure or other purposes over the Premises. Any such grant will not terminate this Lease but the Lease will continue subject to the portion of the Premises conveyed or dedicated. Should Landlord require Tenant's execution of any document for leases, easements or other partial interests, the Landlord, as agent for the Tenant, shall have the authority to execute any leases, easements, rights of way, and roadway dedications it deems necessary. 3.1.2 Use of Site. During the term of this Agreement, the Landlord shall retain exclusive rights to possess, use, occupy, improve and insure any properties and all improvements thereon identified pursuant to Section 2.1 as subject to this Agreement for public school purposes, including without limitation the right to conduct surveys, soil borings and other necessary testing upon the property prior to construction, and the right to use, operate, maintain, and repair said property for such public school purposes as Landlord determines in its discretion thereafter until termination as hereinafter provided, subject only to Tenant's limited grant of access to and use of the Leased Premises as described in Section 4.1. In addition to the above, the Landlord shall have full discretion and the sole right to authorize the use by third parties for non - school use, pursuant to Landlord's policies, of any Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 11 properties identified in Section 2.1 as being subject to this Agreement. Tenant's limited rights of access to and use of the Leased Premises shall be subordinate to such third -party use, unless otherwise indicated in writing by the Landlord. 3.1.3 Utilities. Landlord shall be responsible for electrical, gas, telephone, water, sewer, and garbage removal with respect to the Leased Premises. 3.1.1 Insurance. Landlord shall be responsible for carrying adequate property and general liability insurance on all the Leased Premises. Tenant shall not be required to carry any insurance covering the Leased Premises. ARTICLE IV TENANT'S COVENANTS 4.1 Use of Site. During the term of this Agreement, Tenant shall have the limited right to access and use the Leased Premises only to extent necessary to effectuate the performance of the construction or renovation projects authorized by the Landlord under the terms of the 2015 Interlocal Agreement, including the limited right to enter upon the site and inspect any identified construction or renovation project from time to time during construction or renovation. This limited right of access and use shall be subject to any and all applicable written policies of the Landlord regarding access to and conduct on school properties, and shall be subordinate to any other interests in the subject properties granted by the Landlord to third parties pursuant to any other deeds, leases, conveyances, or joint use agreements of any kind, whether those interests are transferred by the Landlord before or after the subject properties are made subject to this Lease Agreement, unless otherwise expressly indicated by the Landlord in writing. 4.2 Alterations. Tenant shall not make any alterations, additions or improvements to the Premises, unless made by Landlord as agent for Tenant, without the prior written consent of Landlord. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. 4.3 Assignment /Subletting. Tenant may not assign or encumber this lease, and may not sublet any part or all of the Leased Premises. ARTICLEV MUTUAL COVENANTS: ADDITIONAL MATTERS 5.1 Alterations, Improvements, and Changes Permitted. Landlord shall have the right to make such alterations, improvements, and changes to any building which may from time to time be on the premises as Landlord may deem necessary, subject to all other applicable municipal regulations. 5.1.1 Disposition of New Improvements. Any and all improvements constructed upon the Leased Premises by Tenant or by Landlord as agent for Tenant pursuant to the lnterlocal Agreement shall automatically become the property of Landlord upon completion of the construction or renovation project, subject to Tenant's leasehold interest therein. Such improvements shall remain upon the Premises upon expiration or termination of the Lease. All other alterations, improvements, changes, or additions made by Landlord in or to the Leased Premises shall be the property of Landlord, subject to Tenant's leasehold interest therein. 5.2 Fire or Other Casualty. In the event the Leased Premises is damaged by fire or other casualty, Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 12 Landlord at its option may, either in its own capacity or as agent for Tenant pursuant to the 2015 Interlocal Agreement, rebuild or restore its improvements on the said Leased Premises to as good or better condition than that existing immediately prior to said fire or other casualty, and this Lease shall not terminate. 5.3 Eminent Domain. In the event a portion of Leased Premises shall be acquired by taking (any acquisition by any government authority in the legal and valid exercise of its power of eminent domain or by private purchase in lieu thereof) and such taking relates to a portion of the fee simple title to Leased Premises, as well as to the right, title and interest of Tenant, the rights and obligations of the parties hereunder shall continue except as to that portion of the Leased Premises that has been taken. All compensation awarded for any taking (or the proceeds of a private sale in lieu thereof) shall be the property of Landlord whether such award is for compensation for damages to the Landlord's or Tenant's interest in the Leased Premises, and Tenant hereby assigns all of its interest in any such award to Landlord. 5.4 Waiver of Subrogation. Landlord and Tenant hereby release each other from any loss or damage to property caused by fire or any other perils insured through or under either by way of subrogation or otherwise for any loss or damage to property caused by fire or any other perils insured in policies of insurance covering such property, even if such loss or damage shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible; provided, however, that this release shall be applicable and in force and effect only with respect to the loss or damage occurring during such times as the releasor's policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policies or prejudice the right of the releasor to recover thereunder and then only to the extent of the insurance proceeds payable under such policies. 5.5 Recording. Landlord and Tenant agree that a memorandum of this Lease will be recorded in the New Hanover County Public Registry but that this Lease itself will not be so recorded. 5.6 Compliance with 2015 Interlocal Agreement. The respective obligation of the parties regarding construction and renovation projects on any part of the Leased Premises and the mechanism for recovering sales tax reimbursement for those construction and renovation projects shall be governed by the 2015 Interlocal Agreement, and any amendments thereto, which are incorporated herein by reference. 5.7 Indemnity. To the extent allowed by law, Landlord shall indemnify, defend and hold harmless Tenant from and against all claims, suits, actions and proceedings whatsoever which may be brought or instituted on account of, growing out of, occurring from, incident to or resulting from, directly or indirectly any and all damages, claims or losses arising from any injuries or damages (including without limitation, death) to persons or property arising out of the construction, use, and /or management of the Leased Premises (including, without limitation, reasonable attorneys' fees). Landlord shall assume, on behalf of Tenant, and conduct with due diligence and in good faith, the defense of all such claims, suits, actions and proceedings against Tenant whether or not the Landlord is joined therein, even if such claims, suits, actions or proceedings are groundless, false or fraudulent, and Landlord shall bear the costs of all judgments and settlements in connection therewith; provided, however, Tenant may defend or participate in the defense of any or all of such claims, suits, actions or proceedings. Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 13 ARTICLE VI DEFAULT 6.1 Default. The failure by either party in the performance or compliance with any of the agreements, terms, covenants or conditions under this Lease, for a period of thirty (30) days after written notice, shall constitute a breach of this Lease. If the breaching party cannot cure the event of noncompliance within thirty (3 0) days, then in such event the non - breaching party may begin such actions as are necessary to cure the default within the thirty (30) day period from receipt of written notice and diligently pursue the cure of such default to completion, and the non - breaching party may pursue any other remedy available at law, or in equity. ARTICLE VII MISCELLANEOUS 7.1 Notices. Any notice which may or shall be made under the terms of this Lease shall be in writing and shall be either delivered by hand or sent by United States Registered or Certified Mail, Return Receipt Requested, or by any overnight mail service (e.g. Federal Express, United Parcel Services), postage prepaid, to the address set out in Article 1.1 hereof or to such address as may be contained in a notice given as provided above. 7.2 Entire Agreement. This Lease and all exhibits hereto and other agreements referred to herein (which are expressly incorporated herein by this reference) shall constitute the entire agreement between Landlord and Tenant and no other prior written or prior or contemporaneous oral promises or representations shall be binding. Subject to sections 2. 1.1 and 2.1.2, this Lease shall not be amended, changed or extended except by written instrument signed by both parties hereto. 7.3 Interpretation: Governing Law. Pronouns, where used herein, of whatever gender, shall include natural persons, corporations, and associations of every kind and character, and the singular shall include the plural and vice versa where and as often as may be appropriate. Article and section headings under this Lease are for convenience of reference and shall not affect the construction or interpretation of this Lease. Whenever the terms "hereof," "hereby," "herein," or words of similar import are used in this Lease, they shall be construed as referring to this Lease in its entirety rather than to a particular section or provision, unless the context specifically indicates to the contrary. Any reference to a particular "Article" or "Paragraph" shall be construed as referring to the indicated Article or Paragraph of this Lease. Statements herein in respect to compliance with applicable law or text of similar import shall be construed to require compliance with applicable law as now or hereafter in effect. The law of the State of North Carolina shall govern the validity, performance and enforcement of this Lease and this Lease shall be construed pursuant to such laws. 7.4 Binding Effect. The provisions of this Lease shall be binding upon and inure to the benefit of the successors and assigns of the parties, but this provision shall in no way alter the restrictions on assignment and subletting applicable to Tenant hereunder. 7.5 Severability. In the event any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term, covenant or condition of this Lease shall be valid and enforceable to full extent permitted by law. Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 14 7.6 No Waiver. The waiver by either party of any agreement, condition, or provision contained in this Lease will not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition, or provision contained in this Lease, nor will any custom or practice that may grow up between the parties in the administration of the terms of this Lease be construed to waive or lessen the right of one party to insist upon the performance by the other party in strict accordance with the terms of this Lease. 7.7 Non - Merger of Fee and Leasehold Estate. If both the Estate of Landlord and the Estate of Tenant in the Premises or improvements located thereon or both become vested in the same owner, this Lease shall not be terminated by application of the doctrine of merger, except by mutual consent of Tenant and Landlord. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their corporate names by their duly authorized officers, all as ofthe date first above written. THE COUNTY OF NEW HANOVER ATTEST: By: Teresa Elmore Clerk to the Board of Commissioners [CORPORATE SEAL] ATTEST: Chri s Coudriet, County Manager NEW HANOVER COUNTY BOARD OF EDUCATION By: Donald S. Hayes, Chairperson Dr. Tim Markley, Secretary /Superintendent [CORPORATE SEAL] Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 15 STATE OF NORTH CAROLINA NEW HANOVER COUNTY I a Notary Public of said State and County, do hereby certify that Chris Coudnet and Teresa Elmore personally came before me this date and acknowledged that they are the County Manager and Clerk to the Board of Commissioners of New Hanover County, North Carolina respectively, and that by authority duly given and as the act of the County of New Hanover, the foregoing instrument was signed in the County's name by the County Manager, sealed with its corporate seal, and attested by such Clerk. Witness my hand and official seal this _____ day of 2015. Notary Public (Printed Name of Notary) My Commission Expires: (SEAL) STATE OF NORTH CAROLINA NEW HANOVER COUNTY I , a Notary Public of said State and County, do hereby certify that Dr. Tim Markley, with whom I am personally acquainted, who, being by me duly sworn, says that he is the Secretary of the New Hanover County Board of Education and that Donald S. Hayes is the Chairperson of such Board of Education, the Board described in and which executed the foregoing instrument; that he knows the common seal of said Board; that the seal affixed to the foregoing instrument is said common seal, and the name of the Board was subscribed thereto by the said Chair; and that said Chair and Secretary subscribed their names thereto, and said common seal was affixed, all by order of the Board and that the said instrument is the act and deed of said Board. Witness my hand and official seal this _____ day of 2015. My Commission Expires: (SEAL) Notary Public (Printed Name of Notary) Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 16 EXHIBIT 1 PROPERTIES SUBJECT TO MASTER LEASE: Porter's Neck Elementary School (new) College Park Elementary School Blair Elementary School Laney High School Hoggard High School New Hanover High School Roland Grise Middle School Noble Middle School Trask Middle School Myrtle Grove Middle School Wrightsville Beach Elementary School Sunset Park Elementary School Johnson Elementary School Pine Valley Elementary School Codington Elementary School Eaton Elementary School Holly Tree Elementary School Freeman Elementary School Bradley Creek Elementary School Sidbury Road Complex Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 17 EXHIBIT 2 PROPERTY ADDITION FORM Pursuant to Section 2.1.1 of the Lease Agreement by and between The New Hanover County Board of Education (as Landlord) and New Hanover County (as Tenant), signed the day o f , 20, a memorandum of which is recorded in Book __ Page New Hanover County Registry, the following property or properties are hereby added to the lease agreement: This the day of ATTEST: Secretary /Superintendent [CORPORATE SEAL] ATTEST: NEW HANOVER COUNTY BOARD OF EDUCATION M Donald S. Hayes, Chairperson THE COUNTY OF NEW HANOVER By: Clerk, Board of Commissioners Chris Coudriet, County Manager [CORPORATE SEAL] Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 18 (EXHIBIT 2, Page 2) STATE OF NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of said State and County, do hereby certify that Dr. Tim Markley, with whom I am personally acquainted, who, being by me duly sworn, says that he is the Secretary of the New Hanover County Board of Education and that Donald S. Hayes is the Chairperson of such Board of Education, the Board described in and which executed the foregoing instrument; that he knows the common seal of said Board; that the seal affixed to the foregoing instrument is said common seal, and the name of the Board was subscribed thereto by the said Chair; and that said Chair and Secretary subscribed their names thereto, and said common seal was affixed, all by order of the Board and that the said instrument is the act and deed of said Board. Witness my hand and official seal this day of 12015. Notary Public (Printed Name of Notary) My Commission expires: (SEAL) STATE OF NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of Said State and County, do hereby certify That Chris Coudriet and Teresa Elmore personally came before me this day and acknowledged that they are the County Manager and Clerk to the Board of Commissioners of New Hanover County, North Carolina respectively, and that by authority duly given and as the act of the County of New Hanover, the foregoing instrument was signed in the County's name by the County Manager, sealed with its corporate seal and attested by such Clerk. Witness my hand and official seal this _day of 12015. My Commission expires: (SEAL) Notary Public (Printed Name of Notary) Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 19 Exhibit 3 PROPERTY REMOVAL FORM Pursuant to Section 2.1.2 of the Lease Agreement by and between New Hanover County Board of Education (as Landlord) and New Hanover County (as Tenant), signed the_ day of , 20_, and recorded in Book Page , New Hanover County Registry, the following property or properties are hereby deleted from the lease agreement: This the day of 12015. ATTEST: Secretary ]CORPORATE SEAL] ATTEST: Clerk, Board of Commissioners [CORPORATE SEAL] NEW HANOVER COUNTY BOARD OF EDUCATION By. — Chair, Board of Education THECOUNTVOF NEW HANOVER By: -- ------ - - - - -- County Manager Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 20 STATE OF NORTH CAROLINA NEW HANOVER COUNTY I a Notary Public of said State and County, do hereby certify that Dr. Tim Markley, with whom I am personally acquainted, who, being by me duly sworn, says that he is the Secretary of the New Hanover County Board of Education and that Donald S. Hayes is the Chair of such Board of Education, the Board described in and which executed the foregoing instrument; that he knows the common seal of said Board; that the seal affixed to the foregoing instrument is said common seal, and the name of the Board was subscribed thereto by the said Chair; and that said Chair and Secretary subscribed their names thereto, and said common seal was affixed, all by order of the Board and that the said instrument is the act and deed of said Board. Witness my hand and official seal this day of 1120 My Commission expires: (SEAL) STATE OF NORTH CAROLINA NEW HANOVER COUNTY 1, Notary Public (Printed Name of Notary) , a Notary Public of Said State and County, do hereby certify that Chris C o u d r i e t and Teresa Elmore personally came before me this day and acknowledged that they are the County Manager and Clerk to the Board of Commissioners of New Hanover County, North Carolina respectively, and that by authority duly given and as the act of the County of New Hanover, the foregoing instrument was signed in the County's name by the County Manager, sealed with its corporate seal and attested by such Clerk. Witness my hand and official seal this day of 120 My Commission expires: (SEAL) Notary Public (Printed Name of Notary) Board of Commissioners - October 19, 2015 ITEM: 20- 2 - 21 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Property Management PRESENTER(S): Jerome Fennell, Property Management Director CONTACT(S): Darryl Hinson, Trades Specialist; Lena Butler, Purchasing Supervisor SUBJECT: Consideration of Award of Bid to ThyssenKrupp Elevator Corporation for Modernization of Elevators at the NHC Judicial Building BRIEF SUMMARY: On Thursday, August 13, 2015, bids were solicited from qualified elevator installers to modernize four (4) elevators located at the NHC Judicial Building. The County asked that bidders also include the cost of an Alternate (Car #4) in their cost proposal which would only be awarded if the total cost of all five elevators was lower than the $640,000 budgeted for the project. A mandatory pre -bid meeting was held on Tuesday, August 18, 2015 to ensure that bidders were familiar with the project and allow interested bidders to tour the site. Only two qualified contractors attended this meeting and according to NC General Statutes, three bids were needed to open and award the contract since it was estimated that cost would be in the formal bidding range. To increase the likelihood of receiving a minimum of three bids, another pre -bid meeting was held on Monday, August 31, 2015. Bidders who attended the first meeting were not obligated to attend the second meeting. Prior to the meeting, the Purchasing Supervisor contacted Otis Elevator, Kone, Inc., and Schindler Elevator Corporation to ensure that they were aware of the project. Holding the second meeting was a success, as three additional contractors attended. Bids were received on Thursday, September 17, 2015 by the Purchasing Supervisor. Unfortunately, only one bid was received, so the project was re- advertised with a new bid deadline of Monday, September 28, 2015. All bidders of record were contacted and informed of the new deadline for receipt of bids. On Monday, September 28, 2015, bids were received and opened publicly for the project. Again, only one bid was received; however, since the bid had been re- advertised, General Statutes allowed the bid to be opened and awarded. The total cost of the bid was $775,000, including a $621,966 base bid and a $153,034 bid alternate for a fifth elevator. Staff recommends that the bid be awarded to ThyssenKrupp in the amount of $621,966 for the four elevators, which is within the budgeted amount for FY 2016. Staff requests the Board to exempt this project from the prequalification requirement due to the fact that this project is primarily an equipment purchase with incidental construction. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - October 19, 2015 ITEM: 21 Approve award of bid to ThyssenKrupp in the amount of $621,966 for the modernization of four (4) elevators at the NHC Judicial Building. ATTACHMENTS: Resolution PROPOSAL COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 21 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF BID TO THYSSENKRUPP FOR MODERNIZATION OF ELEVATORS AT NEW HANOVER COUNTY JUDICIAL BUILDING WHEREAS, bids were solicited from qualified elevator installers to modernize four (4) elevators located at the New Hanover County Judicial Building; and WHEREAS, after receiving only one bid which was from ThyssenKrupp Elevator Corporation despite re- advertisement as required by the NC General Statutes, staff recommends that the bid be awarded to ThyssenKrupp Elevator Corporation in the amount of $621,966 for the four elevators budgeted for FY 2016; and WHEREAS, staff requests the Board to exempt this project from the prequalification requirement due to the fact that this project is primarily purchase of equipment with incidental construction. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the bid for the Modernization of Elevators at the New Hanover County Judicial Building is awarded to ThyssenKrupp Elevator Corporation in the amount of $621,966, the project is exempt from the prequalification requirement, and the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 21- 1 - 1 Section 4 — Bid Proposal Form ELEVATOR MODERNIZATION AT NHC JUDICIAL BUILDING RFB # 16 -0103 Bid Proposal Form Deadline for Receipt of Bids: 2:00 P.M. EST, Tuesday, September 1, 2015 Name of Bidder Bidder's Addres WA W"n Bidders Phone Number: �/9 ` 9-3- r a -55 Bidder's Email: DA ola 545��/ CaM Bidder's License Number. The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The bidder further declares that he and his subcontractors have fully complied with NCGS 64, Article 2 in regards to E- Verification as required by Section 2. (c) of Session Law 2013 -418, codified as N.C. Gen. Stat. § 143 - 1290), The undersigned, as bidder, proposes and agrees if this bid is accepted, to contract with the New Hanover County for the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete accordance with plans, specifications, and contract documents, and to the full and entire satisfaction of the New Hanover County for the sum of: Page 1 of 3 Bid Proposal Form Board of Commissioners - October 19, 2015 ITEM: 21- 2 -1 'Widder's - 1. Base Bid (Cars # 1 -3; Car # 5) 2. Alternate (Car # 4) Total Bid plus Alternate a The Contractor is hereby notified that the Contract will contain a Liquidated Damages Clause. A. Performance and Delivery Time: The Contractor shall begin work on or before the "commence work" date specified in the NOTICE TO PROCEED issued by the Owner and as set forth in the plans, specifications, and proposal. All work shall be completed in all events on or before the date set forth in the NOTICE TO PROCEED. B. Liquidated Damages: Since actual damages for any delay in the completion of the work which the contractor is required to perform under this contract are or will be difficult to determine, the contractor and his /her sureties shall be liable for and shall pay to the Owner the sum of 200 as fixed and agreed as liquidated damages, and not as penalty for each calendar day of delay from the date stipulated for completion, or as modified in accordance with Bid Proposal Form Page 2 of 3 Board of Commissioners - October 19, 2015 ITEM: 21- 2 - 2 Bidder's Name: the terms of this agreement until such work is satisfactorily completed and accepted. Said liquidated damages may be deducted from any payments owed to the contractor by the Owner or collected from the sureties, whichever is deemed expedient by the Owner. Acknowledgment of Add;7,90145 Addendum No. Dated Addendum No. Dated Attachments to Bid Proposal Addendum No. Dated Addendum No. Dated 1. Bid Bond 2. Sample Certificate of Insurance 3. E -Verify Form 4. Identification ofMinority/Women Business Participation and Affidavit A or Affidavit B 110AI A,C11 _ Signature Printed Name/Title Date �P Bid Proposal Form 0-0�- 7&1�5 i3f'a. Page 3 of 3 Board of Commissioners - October 19, 2015 ITEM: 21- 2 - 3 ThyssenKrupp Elevator New Hanover County - 029MOD BID CLARIFICATION AMENDMENT NO. 1 This Bid Clarification Amendment No. 1 ( "Amendment ") shall be made part of ThyssenKrupp Elevator's bid. In the event of conflict with other terms, conditions, or contract documents, this Amendment shall govern. Final Contract terms are subject to review and approval by ThyssenKrupp's legal department. GENERAL CONDITIONS 1(13), 14, 23, 24(d), 25(e)(3), instruction to Bidders(2.20) & Bid Proposal Form(B). Amend so that Subcontractor shall be liable for and shall pay to the Owner the sum of $200 as fixed and agreed as liquidated damages, and not as penalty for each calendar day of delay from the date stipulated for completion, or as modified in accordance with the terms of this agreement until such work is satisfactorily completed and accepted. 34. Amend so the additional insured is defended and indemnified for claims arising from Subcontractor's acts, actions, omissions or neglects; but is not defended or indemnified for its own acts, actions, omissions, neglects or bare allegations. 44. Amend so indemnity, defend and hold harmless is limited to Subcontractor's acts and actions and in no way to include the acts, actions, omissions, neglects or bare allegations of a party indemnified hereunder. AGREEMENT 5. Amend so indemnity, defend and hold harmless is limited to Subcontractor's acts and actions and in no way to include the acts, actions, omissions, neglects or bare allegations of a party indemnified hereunder. 7.1.3 Amend so the additional insured is defended and indemnified for claims arising from Subcontractor's acts, actions, omissions or neglects; but is not defended or indemnified for its own acts, actions, omissions, neglects or bare allegations. 7.10.5 Amend so that copies or certified copies of Subcontractor's insurance policies will be provided only in the event of claim. 14(h) Amend so that "fifteen (10) days" is deleted and replaced with "fifteen (15) days ". 14(i) & 23. Amend so that: (i) a schedule or project construction schedule shall be agreed to in writing by both parties before becoming effective; (ii) if schedule or project construction schedule modifications, not solely caused by Subcontractor, Owner agrees to pay in accordance with Subcontractor's standard charges for premium time; and (iii) Subcontractor shall automatically receive an extension of time commensurate with any delay not solely caused by Subcontractor. THYSSE KRUPP Jon Boney, LEED Modernization 99 TOR CORP. Associate -East Region New Hanover County - 029MOD - Bid Clarification Amendment No v] 1 (2) Board of Commissioners - October 19, 2015 ITEM: 21- 2 - 4 Page 1 of L NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Donnie Hall SUBJECT: Consideration of Exercising Option to Purchase Ogden Fire Station 16 Located at 7375 Market Street BRIEF SUMMARY: New Hanover County Fire Rescue currently operates out of a leased facility located at 7375 Market Street. The facility, previously known as Ogden Fire Rescue Station 16, has been under lease since September of 2009. The pre- engineered metal building was originally constructed in 1968 and has included several modifications during its life. An engineering study of the facility has indicated that the facility would require extensive work to renovate the existing building to meet today's codes with building sustainability and access for the public. The building's layout does not provide for a functional modern fire and emergency services facility. After researching property options in the immediate vicinity of the current building, it was determined that the most appropriate option would be to secure the existing facility from its current owner and rebuild on that site. New Hanover County is currently in an Option to Purchase with the Ogden Volunteer Fire Rescue Association for the property in the amount of $650,000. An updated survey has been completed. A landscape design architect was utilized to determine if the parcel could accommodate the new facility, with consideration for zoning, setbacks, storm water, etc. A Phase One Environmental Study was completed on the property with minor notable concerns. Property research and due diligence has determined that it is feasible to rebuild on the existing site with the probability that a two -story facility may be required. The replacement of this facility is in the NHC Capital Improvement Plan as adopted during the 2015 -2016 Fiscal Year Budget. Funding to purchase the property was included in the 2016 Operating Budget of the Fire Services District. If approved, it is anticipated that design and programming would begin in Fiscal Year 2017. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval to execute Option to Purchase Ogden Fire Station 16 located at 7375 Market Street, Wilmington. ATTACHMENTS: Fire Station Site Map Fire Station Photos Board of Commissioners - October 19, 2015 ITEM: 22 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 22 a� 1 {4 x �p � ZOO Qo Oz • b�s3iob z (� o � - �odJ.`• � W aw •. �NIaoN�.•'• <� � me�o - < �a O J �o =P xz o p == mEO 3 w =zr V I � oa a� 1 {4 x �p � ZOO Qo Oz • b�s3iob z (� o � - �odJ.`• � W aw •. �NIaoN�.•'• <� � me�o - < �a O J �o =P xz o p == mEO 3 w =zr V I Existing Facility Photos Front of Existing Fire Station looking from Market Street. From Market Street looking down the South side of the building. From the North side of the building looking aad osf �ommissionetrs - October 19, 2015 ITEM: 22- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and JD Limberger, Fiscal Support Supervisor SUBJECT: Consideration of Bald Eagle Lane Project Final Cost Determination Resolution BRIEF SUMMARY: The Bald Eagle Lane Water Improvement project was adopted by the New Hanover County Board of Commissioners on November 13, 2012 in partnership with Cape Fear Public Utility Authority (CFPUA) as a way to provide clean water to an area of the County that was experiencing salt water intrusion in their wells and to provide fire flow to the area to assist the New Hanover County Fire Services with access to water in a fire event. The installation of the water lines has been completed and homes are beginning to connect to the water lines. The total project cost was estimated at $883,645 and was to be funded through a contribution from the CFPUA, a contribution from County Fire Services, and an assessment of property owners. Staff has completed a review of all charges associated with the project. The final cost of the project is $796,511. The funding for this project is as follows: Total Project Cost $796,511 Less: New Hanover County Fire Services (256,000) Less: Cape Fear Public Utility Authority (330,000) Total Assessments $210,511 The County Commissioners are asked to approve the Determination of Costs as required by General Statute 153A -193 and to establish a public hearing. Subsequent to the Determination of Costs, staff will mail preliminary assessments to all affected property owners as well as a notice of public hearing. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution for the determination of costs and establish November 2, 2015 as the date for the public hearing. ATTACHMENTS: Resolution Board of Commissioners - October 19, 2015 ITEM: 23 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Adopt the resolution and schedule public hearing November 2, 2015. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 23 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BALD EAGLE LANE PROJECT COST DETERMINATION RESOLUTION WHEREAS, on October 1, 2012, the Board adopted a preliminary assessment resolution for the Bald Eagle Lane Water Improvement project; and WHEREAS, the improvement project is now completed with final costs of $796,511; and WHEREAS, the Cape Fear Public Utility Authority and New Hanover County have contributed to the project leaving a final net cost of $210,511 to be assessed to the benefited property owners; and WHEREAS, NCGS 153A -193 requires that when a project is complete, the Board shall determine the project's total cost; and WHEREAS, the County is thereafter required to prepare a preliminary assessment roll for the costs, listing parcels to be assessed, fee basis, costs for each owner and proposed payment terms, and also to produce a project map showing parcels of record; and WHEREAS, the Board is to set the date for a public hearing to annul, modify or confirm the assessments. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1. The project costs for the project of water improvement at Bald Eagle Lane to now be assessed are $210,511. 2. County staff is directed to prepare a preliminary assessment roll and a project map, to mail to each owner a Notice of Hearing, and to prepare and publish all required notices. 3. A public hearing to consider the preliminary assessment roll for costs is set for November 2, 2015 at 4:00p.m., or thereafter, at the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, in Wilmington, North Carolina,28401. ADOPTED this the 19th day of October, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 23- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Rep: Tamara Muphy) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Request (Z-944, 9/15) — Request by Cindee Wolf of Design Solutions on Behalf of the Property Owners, TF Holdings Ltd. Partnership, LLC, Rachel Trask Gonsalves Heirs, and New Beginning Christian Church, Inc., to Rezone 73.08 Acres Located at the 3000 block of Blue Clay Road from R -20, Residential District, to R -10, Residential District BRIEF SUMMARY: The property is classified as Aquifer Resource Protection according to the 2006 CAMA Land Use Plan At their September 3, 2015 meeting, the Planning Board voted 4 -1 to recommend approval of the rezoning application. Residents from the surrounding neighborhoods attended the meeting to express their opposition to the proposed rezoning. The residents have submitted items detailing their concerns which are included in this packet. The subject property includes four parcels of land totaling 73.08 acres located approximately one quarter mile north of the intersection of Blue Clay Road and Kerr Avenue. The zoning in the vicinity consists of mostly residential and industrial districts. The residential districts, including R -10, R -15, and R -20 can be found to the west and north of the property. Adjoining the property to the north is a large tract of R -10 zoning, approximately 260 acres in area, which contains the Ivy Woods and Runnymeade subdivisions. The industrial districts, including I -2 and Al, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. The Aquifer Resource Protection land use classification occurs in the Northwest part of the County, north of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from are diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. Areas within the Aquifer Resource Protection subclass are encouraged to develop larger lots if septic systems are used to prevent cross contamination of wells, or to extend water and sewer service to curtail septic system use. Uses of land that pose risk of spill of hazardous materials should also be prevented. As this application is not for a conditional zoning district or a conditional use zoning district, a conceptual site plan is not required to be submitted, and conditions above and beyond the requirements of the zoning ordinance cannot be added to the proposed district. Should this rezoning be approved, the property would be allowed to be developed in accordance with the standards of the R -10 zoning district within the zoning ordinance. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - October 19, 2015 ITEM: 24 Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: Motion to approve, as the Board of Commissioners finds that this application for a zoning map amendment of 73.08 acres from R -20, Residential District, to R -10, Residential District as described is: 1. Consistent with the purposes and intent of the "Aquifer Resource Protection" land use classification in the 2006 CAMA Land Use Plan because the application is requesting a residential zoning district that typically utilizes a centralized sewer system, and therefore it should not diminish the recharge of surrounding aquifers. 2. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. ATTACHMENTS: Z -944 Script BOC Z -944 Petition Summary Z -944 Staff Summary BOC Z -944 Neighbor Properties Map Z -944 Zoning - Aerial Map Z -944 CAMA Map Z -944 Water -Sewer Map Applicant Materials Cover Z -944 Application Package Opposition Comments /Petitions Cover Opposition Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: A motion to approve was denied 3 -2, Vice - Chairman Dawson, Commissioner White and Commissioner Watkins voted in opposition. Board of Commissioners - October 19, 2015 ITEM: 24 SCRIPT FOR Zoning Map Amendment Application (Z -944, 9/15) Request by Cindee Wolf of Design Solutions on behalf of the property owners, TF Holdings Ltd. Partnership, U-C, Rachel Trask Gonsalves Heirs, and New Beginning Christian Church, Inc to rezone 73.08 acres located at the 3000 block of Blue Clay Road from R-20, Residential District, to R-1 0, Residential District. The property is classified as Aquifer Resource Protection according to the 2006 CAMA Land Use Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutesfor rebuttal. 2. Conduct Hearing, asfollows a. Staff presentation b. Applicant' s presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination/ rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. (Dose the Public Hearing 4. Commisaonersdisa.ssion 5. If a rezoning request isdenied, a new application may only be submitted within 12 months of the denial if there is a substantial change in the original petition for rezoning. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 6. Vote on the zoning map amendment application. The motion should include a statement saying how the change is, or is not, oonsistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 73.08 acres from R20, Fbsidential District, to R10, Fsidential District as described is 1. Consistent with the purposes and intent of the "Aquifer Resource Protection" land use dassification in the 2006 CAMA Land Use Ran because the application is requesting a residential zoning district that typically utilizes a centralized sewer system, and therefore it should not diminish the recharge of surrounding aquifers 2. Fbasenable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities Board of Commissioners - October 19, 2015 ITEM: 24- 1 - 1 /Aft CO3; --I:js" Rezone from R20, Fesidential District, to R-1 0, Fasidential District t O 6■ (j M§Aff 5Aa Parcel Location & Acreage: 3000 -3100 Block of Blue Clay Fbad, 73.08 acres Petitioner /Owner: TF Holdings Ltd. Partnership, LLC Frachel Trask Gonsalves Heirs New Beginning Christian Church, Inc Existing Land Use: Undeveloped Zoning History: July 1, 1974- Initiallyzoned R20viaArea 10A Land Classification: Aquifer Resource Protection Water Type: Public Sewer Type: Public Facreation Area: Optimist Park Access: The site has access to Blue Qay Fbad, Holland Drive, and Alex Trask Drive. Fire District: New Hanover County North Watershed & Water Quality Classification: Ness Creek (C, At) Conservation/ Historic/ Archaeological Fbsources: None Soils and Septic Sjitability: Lynchburg Fine Sand (Ls) -Class II: Moderate Limitation El alIings Fine Sand (St) - Class II: Moderate Limitation Woodington Fine Sand (Wo) - Class II: Moderate Limitation Wrightsboro Fine Sand (Wr) -Class II: Moderate Limitation Pantego Loam (Pn) -Class III: Savere Limitation Torhunta Loamy Fine Sand- Class III: Severe Limitation Schools: Wrightsboro Bementary, Holly Shelter Middle, New Hanover High -❑❑❑V6 E111 0° S. -109:1 Board of Commissioners - October 19, 2015 ITEM: 24- 2 - 1 ZONING MAPAM Bu DM ENTAPPLICATON CASE: Z-944,9/15 PETITIONIRZ: Ondee Wolf of Design S:)lutions on behalf of the property owners: TP Holdings Ltd. Partnership, LLC, Rachel Trask Gonsalves Heirs, and New Beginning Christian Church, Inc. REQUEST: Fezone from R-20, Residential District, to R-1 0, Residential District ACREAGE 73.08 acres LOCATION: 3000 Bock of BI ue Q ay Fbad RD: M3312- 003 -034 -000 F;D3312- 003 - 035 -000 F;D3300- 003 - 001 -000 F;D3300- 003 - 002 -000 LAND CLASS Aquifer Fbsource Protection PLANNING BOARD ACTION: At their September 3, 2015 meeting, the Panning Board voted 4 -1 to recommend approval of the rezoning, finding that the application is 1. Consistent with the purposes and intent of the "Aquifer Fbsource Protection" land use classification in the 2006 LAMA Land Use Pan because the application is requesting a residential zoning district that typically utilizes a centralized sewer system, and therefore it should not diminish the recharge of surrounding aquifers. 2. Reasonable and in the public interest because it providesfor increased density in areasbest suited for development while not impeding the quality of life of the existing residential communities. ■ ■ ■h. "I S Board of Commissioners - October 19, 2015 ITEM: 24- 3 - 1 BaSnNGCONDRONS ExistinaZoninaand Land Uses The subject property includes four parcels of land totaling 73.08 acres located at the 3000 block of Blue Clay Fbad, approximately one quarter mile north of the intersection with Kerr Avenue. The property was originally zoned R20 when zoning was initially applied to this area in 1974. The zoning in the vicinity consists of mostly residential and industrial districts. The residential districts, including R-10, R 15, and R-20 can be found to the west and north of the property. Adjoining the property to the north isa large tract of R-10 zoning, approximately 260 acres in area, which containsthe Ivy Woods and FUnnymeade subdivisions. The industrial districts, including 1 -2 and AI, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. Existing Ste Conditions The property proposed to be rezoned consists of four parcels of land. Al parcels are currently undeveloped with a portion being actively used for agricultural purposes. Community Sarvices Water and Sawer: The property iswithin the Urban Sarvices boundary, and water and sewer infrastructure is located within the nearby vicinity. Fire Protection: The property is served by New Hanover County Fire Sarvices and located in the New Hanover County North Fire District. Schools. The property is located within the school districts for Wrightsboro Bementary, Holly Shelter Middle, and New Hanover High schools. Conservation, Historic, and Archaeological Fasources The subject property does not host any known conservation, historic, or archaeological resources. ■■■�1T S Board of Commissioners - October 19, 2015 ITEM: 24- 3 - 2 PETITIONER'S REQUEST: The petitioner is seeking to rezone the 73.08 acres currently zoned R20, Fbsidential District, to R-10, Residential District. STAFF POSTION: Zoning and Subdivision Ordinance Considerations As this application is not for a conditional zoning district or a conditional use zoning district, a conceptual site plan is not required to be submitted, and conditionsabove and beyond t he requirementsof t he zoni ng ordinance cannot be added to the proposed district. Should this rezoning be approved, the property would be allowed to be developed in accordance with the standardsof the R 10 zoning district within the zoning ordinance. For residential uses, R-10 allows up to 3.3 units per acre whereas R20 allows 1.9 units per acre. Traffic The Wilmington Metropolitan Ranning Organization (WMPO) conducted a traffic count in 2014 on Blue Clay Fbad, between Kerr Avenue and Old M ill Fbad. The count yielded an Average Daily Traffic (ADT) of 5,576 trips. Blue Clay Fbad has a design capacity of 15,600 daily trips, and therefore it is classified as having an "A" Level of Service (LOS) with a Volume of Capacity Ratio of 0.36. Any proposed development of the property that will generate more than 100 peak hour tripswill require a Traffic Impact Analysis(l1A) be completed. - nAsare reviewed bythe County, WM PO, and North Carolina Department of Transportation, and may necessitate roadway improvements. Environmental The area proposed to be rezone is not within a Special Flood Hazard Area and contains Class II and Class III soils. Class II soils have moderate limitations, which require moderate modification and maintenance, and Class III soils have severe limitations, which requires extensive modification and intensive maintenance. Land Use Ran Considerations According to the 2006 LAMA Ran, the site is classified as Aquifer Fbsource Protection, a subclass of the Fbsource Protection classification. The purpose of the Fbsource Protection classification isto provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Aquifer Fbsource Protection subclass occurs in the Northwest part of the County, north of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impactsthat theresource isbeing protected from isdiminished rechargeof theaquifer and contamination of the aquifer by inappropriate land uses. The Ran suggests that areas within the Aquifer Fbsource Protection subdass are developed with larger lots if septic systems are used to prevent cross contamination of wells, or have water and sewer services extended to curtail septic system use. Usesof land that pose risk of spill of hazardous materials should also be prevented. R-10 zoning has a minimum lot size requirement of 10,000 square feet, which can be further reduced through the performance residential standards provided the development maintains a density of not more than 3.3 units per acre. Due to the area needed to accommodate septic systems and repair areas, it is not common for lots of these sizes to use that form of wastewater disposal. Instead, development ■ ■ ■h. "I S Board of Commissioners - October 19, 2015 ITEM: 24- 3 - 3 00S. — -q- within the R-10 district typically connects to a centralized sewer system. In order to achieve the density allowed in R-10, water and sewer would need to be extended to the area and therefore the goals of the Aquifer Fesource Protection area would be achieved. RLM B/V AN D AC110N : This request has been processed and reviewed per Section 110 — Amending the Ordinance. Staff recommends the approval of the application as requested. Staff concludes that the application is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington -New Hanover County CAMA Land Use Ran. Consistent with Policy 3.28 of the Land Use Ran, this application should preserve the Castle Hayne and Pee Dee aquifers in their present unpolluted state as the primary groundwater resources for the County because the development of the properties will require the extension of water and sewer to serve the area. The policy further states that densities in the Aquifer Fasource Protection classification should be limited to 2.5 units per acre unlesssewer service is provided. The subdivision review processwill require consistency with policy 3.28 of the Land Use Ran. Action Needed • Motion to approve of the petitioner's application • Motion to "table" the application in order to receive more information • Motion to deny of the petitioner's application based on specific reasons Example Motion for Approval: Motion to approve, asthe Board of Commissioners find that thisapplication for azoning map amendment of 73.08 acresfrom R20, Fbsidential District, to R-10, Fesidential District asdescribed is: 1. Consistent with the purposes and intent of the "Aquifer Resource Protection" land use dassifications i n the 2006 CAMA Land Use Ran because (Describe etementsof controlling land use plans and how the amendment is consistent l. ■ ■ ■h. ", 6 Board of Commissioners - October 19, 2015 ITEM: 24- 3 - 4 2. FL-asonable and in the public interest because fBriefly explain why. Factors may indude public health and safety, character of the area and relationship of uses, applicable plans, or balandng benefits and detriments. 1. Example Motion for Denial: Motion to deny, asthe Board of Commissioners fi nd that t his appl icat i on for azoning map amendment of 73.08 acresfrom R20, Residential District, to R-10, Residential District asdescribed is: 1. Not Consistent with the purposes and intent of the "Aquifer Fesource Protection" land use classification in the 2006 LAMA Land Use Ran because [Describe elementsof controlling land use plans and how the amendment is not consistent7. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may indude public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments 1. Staff Suggested Motion: Motion to approve, asthe Board of Commissioners fi nd that t hi s appl icat i on for azoning map amendment of 73.08 acresfrom R20, Fesidential District, to R-10, Residential District asdescribed is: 1. Consistent with the purposes and intent of the "Aquifer Fbsource Protection" land use classification in the 2006 LAMA Land Use Ran because the application is requesting a residential zoning district that typically utilizes a centralized sewer system, and therefore it should not diminish the recharge of surrounding aquifers. 2. Reasonable and in the public interest because it providesfor increased density in areasbest suited for development while not impeding the quality of life of the existing residential communities. ■ ■ ■h. "I S Board of Commissioners - October 19, 2015 ITEM: 24- 3 - 5 v v Q �b NM VN A a Q/N ; M adxv» -3678 o °° � n V N n N Z CL in C • CD � O W M OOD N IN O O 1J ,Y � c W c r 6•b8 ^ N�� I� L N N 4S C MOy]� c O N N N N N OD O O V bS M N M I V M CC M C n W c N +T+ N W f0 Mi N N M O N n O y O fo {„7 10 N O O \ c N N .. 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Box 7221 Reference Attached List 73.08 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Phone Phone 910 - 620 -2374 R -20 - Vacant Email Email Land Classification cwolf @lobodemar.biz Application Tracking Information (Stqf Aquifer Resource Protection Case Number Date/Tim r eived: Received by: a6 m(5- Ps 7 , APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: Section 110: Amending the Ordinance Section 111: Petitions Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Page 1 of 3 Board of Commissioners - October 19, 2015 04,14 ITEM: 24- 9 - 1 Rezoning Property Owners' List: TF Holdings Ltd. Partnership, L.L.C. Attn. Raiford Trask, Jr. 1202 Eastwood Road Wilmington, NC 28403 Tel. 910 - 313 -0795 Email: Situs Address: 3001 Blue Clay Road PIN: 312908.99.2530 - I- c,3Tm- 003 - 03lf-= Area: 8.55 ac. +/- Rachel Trask Gonsalves Heirs Attn. Stephen Gonsalves 831 S. Lumina Avenue Wrightsville Beach, NC 28480 Tel. 910 - 323 -2030 Email: stephen@rlx28.com Situs Address: 3013 & 3079 Blue Clay Road Pin: 312908.99.3851 & 322020.90.4815 - V-o33VZ- 003 -036' -000 �- Ro33oo ao3- ool -oda Area: 46.56 ac. +/- New Beginnings Christian Church, Inc. Attn. Pastor Robert Campbell 3120 Alex Trask Drive Castle Hayne, NC 28429 Tel. 910 - 341 -7984 Email: nbcc @newbcc.com Situs: Blue Clay Road PIN: 322020.91.7300 Area: 17.97 ac. +/- Board of Commissioners - October 19, 2015 ITEM: 24- 9 - 2 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information ! .Applicant Staff Initial I Initial Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. i X 3S Legal description metes and bounds of property requested for rezoning. Copy of the subdivision map or recorded plat which delineates the property. 5 Any special requirements of the Ordinance (for example, Section 54.2 for Planned Development District, Section 54.1 for Exceptional Design Zoning District, or N(� Section 54.3 for Riverfront Mixed Use District) A report of the required public information meeting outlined in Section 111 -2.1 (if applicable) PIA f _ Authority for Appointment of Agent Form if applicable) $5 Fee - For petitions involving 5 acres or less, $500. For petitions involving greater than 5 acres M CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the zoning district which is being requested for the subject property. Rezoning requests must be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance, and the applicant has the burden of proving that the request is not consistent with the county's adopted land use plan, zoning ordinance, reasonable, and in the public's interest. The applicant should explain, with reference to attached plans (where applicable), how the proposed zoning district satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. tiow would trie requested change be consistent with the Uounty's Policies for Growth and Development? The policies for growth and development encourage safe and affordable housing to be available to every citizen. Rezoning this property for a higher- density of residential development would be consistent with the concept of transitioning uses, and in- filling vacant parcels where existing utilities can readily be extended and urban services are available. Page 2 of 3 Board of Commissioners - October 19, 2015 04/14 ITEM: 24- 9 - 3 2. How would the requested zone change be consistent with the property's classification on the Land lulassitication The Aquifer Resource Protection land classification is intended to protect the secondary recharge area for the Castle Hayne and Pee Dee Aquifers. The strategy is only to encourage larger lots when public utilities are not available. Public water & sanitary sewer services are now available in this area, thereby eliminating the issues for aquifer protection. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zonin & ?,� Public utilities have been extended to the area around the subject tract. The subdivision to the North is zoned R -10, and extension of the same zoning district would not be uncommon. 1. How will this change of zoning serve the public interest? Rezoning this property for moderate density residential development allows for flexibility in the subdivision layout. Smaller clustered, 'patio home' lots have become an increasingly popular housing style for their affordability and low maintenance necessity. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the zoning district for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. Signature of Petitioner and /or Property Owner Print Name Page 3 of 3 Board of Commissioners - October 19, 2015 04,'14 ITEM: 24- 9 - 4 NEW HANOVER COUNTY PLANNING & INSPECTIONS A UTHORITY FOR _. APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. T Agent Information ! Property Owner(s) Subject .Property Name Owner Name Address Cindee Wolf TF Holdings Ltd. Partnership, LLC 3001 Blue Clay Road Company Owner -Name 2 City, State, Zip Design Solutions Attn. Raiford Trask,75r. Castle Hayne, NC 28429 Address Address Parcel ID P.O. Box 7221 1202 Eastwood Road 312908.99.2530 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28403 Phone Phone 910- 620 -2374 9 I U — 313 — 0`7 95 Email Email cwolf@lobodemar.biz Case Number Reference: Date/Time received: Received by: This document was willfully executed on the day of '201S A,4j��xll - Owner I 'Signatu"rt± 6,90 iQ 69PL---� Board of Commissioners - October 19, 2015 ITEM: 24- 9 - 5 NEW HA340VER COUNTY k LANP'kl:w N G & ! IV' S EC x� ONS-3 A. PPOIND I_E T 0. F ACsENT 230 Government Center Dpi -•e Suite 110 Wilmington, NC 28403 910-798-7165 phone 910 - 798 -7053 fax www.nhcgov.com Please dote that fog• quasi-judicial proceedings, eithor she June, ov wi- o.° an att rlicy must be present for the case at the public hearing. The undersigned oti.mer does he eby appoin4 an nukho:-iacd the agent describes herein as their exclusive agent for the purpose of petitioning New Hanover Counts for a variance, special use permit, rezoning request, and-of an appear of Staff ducisioas applicable to the prupc -,ty de scribed in th12 attacned petition. The Agent is hereby authorized to, on behalf of the property owner: 1. S-abmit a proper petiiion and the required supplemental infbrmation and materials 2. Appeal at public meetings to give reprzsentarion ci►;d commitments on behcif of the property ownzx 3. Act on tie property owner's behalf without li r LLations witla regard to afRy and all things directly or "t indir ctly connected Ni ith or cxising out of any petition applicable io the New Hannover County Zoaing Ordinance. 4,kgez t fliifo ma1111,'' 1' -- � - -- � "�a.��M'f. "�1 Owrr #F"l (i) � A!5��>`z�. ,1p+'P)Iperzy i Name Owner Name Address C' indee Wolf Rachel Trask Gonnslaves Hei:s 8,1013 .1 3V)5 Blue Clay Road Company Owner Name i City, State, Zip Design Solutions Attn. Stephen Gonsalves Castle Hayne, PVC 28429 Address AJdrass 'arcel YD j P.O. Box 7221 $31 S. 322020.90.4815 j City, State, trip City, stet.:, ,Zip Wilmington, NC 2840.3 � Wrightsville Beach, NC 28480 Phone Phone 910- 620 -2374 910- 232 -2030 E mah Email cwolf @lobodemar.t,iz I siephen @rlx28.corr Case Number Re6i -enee: I Da €et r inie re¢eavail: � i Received by: i his document was willfully executed on &e Owner 1 Signature Y rte` day of i� H c- , 20 !s Board of Commissioners - October 19, 2015 ITEM: 24- 9 - 6 "NVEW HA.NOVER COUNTY PLANNING c' NSP°GCTIONS P .��-r'.l {1-1/ti Afl- VT ��.►; AG'.�I '�' Print Fc rm 230 Government Cent r Drive Suite 110 tV ihnington. NC 25403 910- 745 -7165 phone 910 - 798 -7053 ,''ix www.nhcgov.com Please note that for qur i- juidlicia; proceedings, either the land owner or an attorney must be present for the case a the public hearing. The ut,dersigned own r does l,ureby appoint an authori7i;d thv agcn des::ribed herein as their exclusive agent for the purpose of petitioning Nett • 1-lanover County for e variance, special use permit, rezoning request, and: or an appeal of Staff decisio -ni t j)piic3Ji is to the property clescribcd in the attached petition. The Agent is hereby authorized to, on behalf os'the property owner: 1.. Submi : a proper petition and the required supplemental in"bnnation and materiels 2. Appeal at public meetings to give: r-presentation and cotmnitinent ;i on behalf of the property owner 3. Act on the pruporty ownor's h:.half %,Jthojt limitations with regard to any anc; all things directly or indirectly connected with or arising* out oC any petition applicable to the New Hanovcr County Zoning Ordinance. Agent hlforr.:totn I name ConiCindee Wolf p n _ Design Solutions Address ' P.O. Box 7221 City, state, 'Lip — — Wilmington. NC 28406 ?hone 910- 620 -2374 ' 7:mai1 cwolf@l6)odemar.biz Casa Dumber Reference: 1 Property Oviner(s) Subject: Property Owner Name ' Address New Beginning Christian Church, Inc. Blue Clay Road 0,wncr Name 2 - 1 Attn. Pastor Robart L. Campbell - -- - , address 1 3120 Alex Trask Drive - - - Cite, State, Zip i Castle Hayne, NC 28429 Phone 910 - 341 -7984 Email I nbcc @ne-;.�bcc.com Date/Tim receii,-d: City. State, Zip Castle Hayne, NC 28429 Parcel ID 322020.91.; 300 Received by: This docusnent was xN illfully executed on the *`' ' day of _ f f. Owner Vgnatur Board of Commissioners - October 19, 2015 ITEM: 24- 9 - 7 04! 14 �; ... 110- .. Ilk ! New Ir {ti Beginnings +��►,� fi Christian � Church Rachel �' 4 A A w. A I Trask Gonsalves Heirs Rachel Trask Gonsalves Heirs +TF Holdings Ltd. Partnership $oard of Commissioners - October 1�1 +� ITEM: 24- 9 - 8. F q .- Legal Description for Rezoning of 3001, 3013, 3079 & an unaddressed parcel on Blue Clay Road Beginning at a point located along the western boundary of Blue Clay Road, a 60' public right - of -way; said point also being at the intersection of the southern line of Section One, Ivy Wood at Runnymeade, a subdivision recorded among the land records of the New Hanover County Registry in Map Book 29, at Page 64; and running thence from the point of beginning with the Blue Clay Road right -of -way, South 16 047'38" West, 332.94 feet to a point; thence, South 16050'17" West, 61.58 feet to a point; thence, Along a curve to the right, having a Radius of 1914.17 feet and Length of 322.78', a Chord of South 21039'21 West, 322.40 feet to a point; thence, South 36029'12" West, 890.91 feet to a point; thence, Along a curve to the right, having a Radius of 3970.00 feet and Length of 312.98 feet, a Chord of South 28 006'25" West, 312.90 feet to a point; thence, South 30 057'39" West, 26.96 feet to a point; thence leaving the right -of -way, South 86 025'04" West, 728.41 feet to a point; thence North 04 026'37" West, 271.75 feet to a point at the intersection with the terminus of the southern boundary of Long Leaf Drive, a 60' public right -of -way; thence crossing that right -of- way, North 03 022'41" West, 60.01 feet to a point at the intersection with the terminus of the northern boundary of Long Leaf Drive; thence, North 08039'10" West, 551.81 feet to a point; thence North 69 002'47" West, 226.16 feet to a point in the eastern boundary of Holland Drive, a 60' public right -of -way; thence with that right -of -way, Along a curve to the right, having a Radius of 552.25 feet and Length of 26.37 feet, a Chord of N 00 006'05" West, 26.36 feet to a point; thence, North 01002'46" East, 979.24 feet to a point; thence, Along a curve to the left, having a Radius of 462.90 feet and Length of 273.44 feet, a Chord of North 15042'02 West, 269.48 feet to a point at the intersection with the southeastern boundary of Alex Trask Drive, a 60' public right -of -way; thence with that right -of -way, North 39 029'42" East, 342.05 feet to a point; thence leaving the right -of -way, South 50 020'58" East, 455.00 feet to a point; thence, North 38 057'28" East, 392.63 feet to a point; thence, South 57 041'25" East, 1276.16 feet to the point and place of beginning, containing 73.08 acres, more or less. Board of Commissioners - October 19, 2015 ITEM: 24- 9 - 9 I rm l 148 145 Wool 142 C 141 < 12, 5ccjinnin,35 128 i Church, Inc 51te Kerr Ave. Galway I IG-A Vicinity Map Whitewood Way Ivy Wood at Runnymeade New E3e,3mnmcj5 107 M.B. 29/64 Chn5tian Church, Inc, PIN 322020.91 .7300 sR 104 105 CH= N 15 °42'02" W 2 G9 17.07 ac.1- _S .45' 100 5ky Ct. 97 / \ 98 Rachel Trask 1 15 16 °50'17' W 0 Gonsalves hcu-5 f z PIN 322020.90.4815 41.62 ac.-.t R= 1914.17' L= 322.7& CH= 5 21*39 21' 322.40 O P-552.25' L= 26.37' N °°°06'05" W 26.36' )2 N 69°02'47" W _n K. 80 81 10 z 0 Q, 82 0 Seaboard Coa5tImc Wriejht5boro 83 Rachel Trask RallRoad Acres n Gonsalves Heu-5 M.D. 7/1 m PIN 312908.99.355 1 4.94 85 Lori,3 (G(Y Public N 03 °22'41" W N -Leaf GO.0 I Tf Holdin6j5 Dr. 86 z Ltd. Partner5hip, LLC 0 PIN 3 12908.99.2530 P-3970.00 -4 8,55 ac.-.t CH= 5 28*06'25'W 87 � f W )` 88 86-25'04' W 728.41' '5739" W 26.96' Moore Transportation, Inc. Graphic Scale Kczoninc3 boundary Exhibit 50 00 2°°'I 1 I I 50 0 100 I I I 00 200 4I Cape fear Township / New Hanover County / North Carolina 111111111111-0 ui Total Tract Area - 73.08 ac. t Board of Commissioners - October 19, 2015 ITEM 24 9- 10 C ,® � �• v°' .ti Tax Tax Mep 1-1 r� Im 323 WAY R an �' as 1 „y � >a } m s0 00 T B_'. Tax s aT >A .� 90-1 LOW. , Tot ... xn tlRVXLr WRIWT WAY A SRC[ rm sM, F ew w a» Ntl me a7a i 8_B/rd f Commis er -Oct 19, OPPOSITION COMMENTS Board of Commissioners - October 19, 2015 ITEM: 24- 10 - 1 Schuler, Brad From: Andrea, Benjamin Sent: Thursday, September 03, 2015 1:38 PM To: Schuler, Brad Subject: FW: Planning board meeting From: Nancy Price [mailto:np2201 @bellsouth.net] Sent: Thursday, September 03, 2015 1:24 PM To: Andrea, Benjamin Subject: Planning board meeting Ben Andrea Re: Planning Board Meeting — September 3, 2015 Rezoning request: Z944 Mr. Andrea; Let me thank you first for passing this email along to the planning board in their packet. I realize that it is tonight but I have a conflict and can not attend the meeting as planned to express my opposition to the change. We have lived in this community for over 30 years — my husband's family for over 100 years. So we are not newcomer's wanting things the way "they were where we came from "! My question to you is how will this change effect the present residents? Many who have been here for generations, most of our neighbors have been in their homes — not just houses but homes - a minimum of 10 years — this community is not transient. This part of the county does not have good land for wells or septic systems. We are paying thousands of dollars to install raised septic fields with multiple tanks already. We have personally had 3 wells in 25 years and the water in the area often will not pass your inspections. The land you want to rezone is classified as Aquifer Resource Protection by CAMA — without the Aquifer we have no water — no water — no life. I was told that the water and sewer system was soon "heading our way ". Over 40 years ago residents of this area voted to approve a bond issue to have water and sewer here and helped pay for the bond with their taxes, some of them still live here — we are still waiting. The second item you need to consider is traffic; in your agenda it states that they have looked at the WMPO traffic study from 2014. I do not know at what times they took that count but there are times during the day that you can not get on Blue Clay Road without risking your life. The traffic on Castle Hayne Road is already more than it can handle. How can anyone think that these 2 two -lane roads can handle the extra traffic that this development will generate? Thirdly is property value — the county is in the process of re- evaluating right now — based on real value — what will this do to the value of our homes? I Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 1 In closing I would like to say that in the motion from the planning department the second item states: "...while not impeding the quality of life of the existing residential communities." I believe that to be a false statement — I invite you to try to get anywhere in the northern part of the county at high traffic times and talk to any of us about our water quality. I urge you to reject this rezoning request. Nancy Price 2201 Teresa Dr. Castle Hayne, NC 29429 910 - 763 -6219 Loain To: bandrea(&nhc og v.com Message Score: 10 High (60): Pass From: np2201(a,bellsouth.net My Spam Blocking Level: High Medium (75): Pass Low (90): Pass Block this sender Block bellsouth.net This message was delivered because the content filter score did not exceed your filter level. Benjamin Andrea J Current Planning and Zoning Supervisor Planning & Inspections - Planning & Zoning J New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 198 -7571 p 1 (910) 798 -7053 f 2 Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 2 Schuler, Brad From: Andrea, Benjamin Sent: Friday, September 04, 2015 10:00 AM To: Schuler, Brad Subject: FW: WRIGHTSBORO ZONING Z -944 I'm not sure you got this one as they got your email address wrong From: JNewk68466 @aol.com [mailto:JNewk68466 @aol.com] Sent: Thursday, September 03, 2015 9:24 AM To: BSCHULER @NHRMCGOV.COM Cc: Andrea, Benjamin Subject: WRIGHTSBORO ZONING Z -944 Sir, I am reaching out to you to tell you that I do not want you to support the rezoning of an area in Wrightsboro to Z -944. I have much to say about this but that's later. Please respect our desires concerning this. We have built & lived & made this home, & simply do not desire what is being proposed for this area. Nothing supportive of our community will /can come from this proposed idea! Jimmy & Alison Newkirk 206 laurel Drive Wilmington, N. C. 28401 910- 762 -4324 Total Control Panel To: bandrea(&nhc ov.com Message Score: 40 From:.inewk68466Ca-aol.com My Spam Blocking Level: High Block this sender Block aol.corn This message was delivered because the content filter score did not exceed your falter level. Benjamin Andrea I Current Planning and Zoning Supervisor Planning & Inspections - Planning & Zoning I New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7571 p 1 (910) 798 -7053 f Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 3 High (60): Pass Medium (75): Pass Low (90): Pass Login Schuler, Brad From: Andrea, Benjamin Sent: Thursday, September 03, 2015 9:48 AM To: Schuler, Brad Subject: FW: ZONING MEETING SEPTEMBER 3, 2015 FOR BLUE CLAY ROAD From: crwdl @aol.com [mailto:crwdl @aol.com] Sent: Thursday, September 03, 2015 9:47 AM To: Andrea, Benjamin Subject: RE: ZONING MEETING SEPTEMBER 3, 2015 FOR BLUE CLAY ROAD I am saying NO to your proposed zoning change on Blue Clay Road. This change will have an adverse affect on the quality of our septic system, well water, increased traffic through our neighborhood, in addition to reducing the value of our homes. This neighborhood is a combination of elderly people who have lived in their homes for many years, and young couples who are raising young children in a quiet and safe neighborhood. Gail Rogers 28 Holland Drive Castle Hayne, NC 28429 910 - 763 -4182 To: bandreaAnhcgov. coin From: crwd 1 Aaol.com Message Score: 1 My- Spam Blocking Level: High Block this sender Block aol.com This message was delivered because the content filter score did not exceed your filter level. Benjamin Andrea I Current Planning and Zoning Supervisor Planning & Inspections - Planning & Zoning I New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798 -7571 p 1 (910) 798 -7053 f Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 4 High (60): lass Medium (75): Pass Low (90): pass Login September 20, 2015 Re: re- zoning request (Z -944, 9/15) Attached is a copy of the beginning pages of a community petition against this re- zoning, @155 voting, taxpaying citizens have signed it so far. Thank you for your consideration in not approving this re- zoning issue. Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 5 We the undersigned oppose the Rezoning Request (Z -944, 9/15) of 73.08 acres located at the 3000 block of Blue Clay Road from R -20 Residential District to R -10 Residential District. The planning department stated: "...while not impeding the quality of life of the existing residential communities." The taxpaying, voting residents of these communities disagree for the following reasons: • This property is classified as Aquifer Resource Protection according to the 2006 CAMA Land Use Plan. (please see attached) • The area is already prone to flooding because of poor drainage, as witnessed during the heavy rains the week of Sept. 7 —1, when the ditches overflowed onto the streets. • This acreage is already surrounded by long - established single family homes in a R 20 zone and long- established single family homes in a R -10 zone where tax- paying, voters have been living in their home for years and/or generations. This could lower the value of their homes. • Homeowners in the area are already having to spend thousands of dollars to put in multi- '- tank raised field septic systems. • The traffic in this area is already at a density that causes delays and problems. Adding %� that number of residents to that acreage will only multiply the problems and make the o existing neighborhoods a thruway IV6 0 r 2• v- 3. 39 14DIlQnd t)<-v4e,Cas�_6 ! nyn-e Mcc9b4X 5. 6. v � 7. CW itt- M cDolla OVA VV; I mt,�,, /w/ 0 8. Ntko,, 14- L4..-P _Dr-t W,(V-t-t&-56-L, fir- ( 9. �onn i-Gv' whi., 11 10. JAI s Tft X15 L M l6r1f Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 6 "Resource Protection The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. There are four subclasses within the Resource Protection land classification, based on the character of the resource targeted for protection —Watershed Resource Protection, Aquifer Resource Protection, Wetland Resource Protection, and Natural Heritage Resource Protection. The protection strategies developed for each of the subclasses is intended to be more in tune than previous plans with the specific resource being protected and not a one - size - fits -all approach. The following paragraphs summarize the nature of the resource, the threat to the resource, and the focus of protection strategies. 1. Aquifer Resource Protection —This subclass occurs in the Northwest part of the County North of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot development if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge." Wilmington — New Hanover County Part 111: Land Classification 2006 CAMA Plan Update CERTIFIED 6/23/06 Page 63 version 8/2/06 3:03 PM Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 7 We the undersigned oppose the Rezoning Request (Z -944, 9/15) of 73.08 acres located at the 3000 block of Blue Clay Road from R -20 Residential District to R-10 Residential District. The planning department stated: "...while not impeding the quality of life of the existing residential communities." The taxpaying, voting residents of these communities disagree for the following reasons: • This property is classified as Aquifer Resource Protection according to the 2006 CAMA Land Use Plan. (please see attached) • The area is already prone to flooding because of poor drainage, as witnessed during the heavy rains the week of Sept. 7 —1, when the ditches overflowed onto the streets. • This acreage is already surrounded by long - established single family homes in a R 20 zone and long - established single family homes in a R 10 zone where tax- paying, voters have been living in their home for years and/or generations. This could lower the value of their homes. • Homeowners in the area are already having to spend thousands of dollars to put in multi- tank raised field septic systems. • The traffic in this area is already at a density that causes delays and problems. Adding that number of residents to that acreage will only multiply the problems and make the existing neighborhoods a thruway 2. 1 'U tU(f--1 4. r � 5. S'I f" I a414 D r µc-- L t avLd, V/2- q -5 r -Lt &,0,& 1) Y, 3 r LOA l 7. s. �,yS� S� �ss� /IQ� /J�� ✓� 9. Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 8 "Resource Protection The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. There are four subclasses within the Resource Protection land classification, based on the character of the resource targeted for protection — Watershed Resource Protection, Aquifer Resource Protection, Wetland Resource Protection, and Natural Heritage Resource Protection. The protection strategies developed for each of the subclasses is intended to be more in tune than previous plans with the specific resource being protected and not a one - size - fits -all approach. The following paragraphs summarize the nature of the resource, the threat to the resource, and the focus of protection strategies. I. Aquifer Resource Protection —This subclass occurs in the Northwest part of the County North of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot development if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge." Wilmington — New Hanover County Part III: Land Classification 2006 CAMA Plan Update CERTIFIED 6/23/06 Page 63 version 8/2/06 3:03 PM Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 9 We the undersigned oppose the Rezoning Request (Z -944, 9/15) of 73.08 acres located at the 3000 block of Blue Clay Road from R-20 Residential District to R-10 Residential District. The planning department stated: "...while not impeding the quality of life of the existing residential communities." The taxpaying, voting residents of these communities disagree for the following reasons: • This property is classified as Aquifer Resource Protection according to the 2006 CAMA Land Use Plan. (please see attached) • The area is already prone to flooding because of poor drainage, as witnessed during the heavy rains the week of Sept. 7 —1, when the ditches overflowed onto the streets. • This acreage is already surrounded by long - established single family homes in a R 20 zone and long - established single family homes in a R -10 zone where tax - paying, voters have been living in their home for years and/or generations. This could lower the value of their homes. • Homeowners in the area are already having to spend thousands of dollars to put in multi- tank raised field septic systems. • The traffic in this area is already at a density that causes delays and problems. Adding that number of residents to that acreage will only multiply the problems and make the existing neighborhoods a thruway cam, .Z. -Zo 1 I e Z.191 q z-9 2. e A/ , 9 V 0 /k7k — 3.Z 'A-e�.t i 4. 5. 6. PL I::(, izA 7 133 �/'� ��, t�� ,�. I.�➢ ,W. 2� �� 8. 9. Y� S. Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 10 "Resource Protection The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. There are four subclasses within the Resource Protection land classification, based on the character of the resource targeted for protection — Watershed Resource Protection, Aquifer Resource Protection, Wetland Resource Protection, and Natural Heritage Resource Protection. The protection strategies developed for each of the subclasses is intended to be more in tune than previous plans with the specific resource being protected and not a one - size - fits -all approach. The following paragraphs summarize the nature of the resource, the threat to the resource, and the focus of protection strategies. 1. Aquifer Resource Protection —This subclass occurs in the Northwest part of the County North of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot development if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge." Wilmington — New Hanover County Part III: Land Classification 2006 CAMA Plan Update CERTIFIED 6/23/06 Page 63 version 8/2/06 3:03 PM Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 11 Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 12 � HIM• 1 • % it ` 1 i I i ,, Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 12 1 lromd 3zz2 4[r✓ �► r , as �►�f2� -f-r 2 �AV L A�� o�P c ��a ��►E N 2 �z Y -6 C, C.�src�- IAyA.� <uC .?gel 4--1 � . ti c.- 5 Wo- m n e-) b o hAvft na.�ri ✓ ve> f�ne l./IfC-- 1 6 �essic� `� �a AieK Tvzucw -Pr C IC li*e, m � �54�m �m on 9 rr.1,� 33l L " cr n' (20d' l cL �[ NC 2aY•Z� 11 ,� �.PrD Ci f Yj , C- , a qol 12 e -i Ale v )02Sk 14 15 PKA 16 4 Z Z� 18 s Nc , 2� ,fd 1 H Co 1 h c aaq� Board of Commissioners - dtl'o'ber 19, 2015 ITEM: 24- 11 - 13 Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 14 /j a (5-I wA\j Leo, NC4 2- 2 3 Vorrta_ -r Pte7 X11 7 0;c&� 8(Cx C� r r 10� 3 Zr 11 12 .\ 2-2V� ` Veresct `)r. C IiA 15 s � �; n b ;Stz,5 6 04. Na. e, o- , 01 16. 17i i 'n I i c 18 r �4 [ �,� r{ �,�� U l 7�r� s r��. a 4f f(C 1� 19 (�Xkah dP `3 �0 t ;,� ; cn e 2 2 0 0 ► Q�ses� 1� Cq S le Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 14 /j a *Ia;_ -e— F Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 15 ,I ZI MZ� 3 meme, zennel+ c-sie « N�el t\p— ZvyZg 4 n nne� I0 - L-6doc, q 2 cis C Z� � 5 0�p 1-1� e"i e, — j I 111 'It A. 6 7 aA 8 "Hc 10 ` t1� (A�V )CP G C05 a -12 14&, Ncz�gq-zq 15 � VA (ek 3�A -e 41 Nn<, uzVZO r 16 17 1 S Apt, 10 19 Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 15 ,I =7-4 Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 16 Sol, • • op ► �' 19M r • EM ITOr Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 16 V, 41 Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 17 v' i a 1 i � 1 MOM1 X r - l OR IN PAN opt, I llillll • 41 Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 17 v' 1 Ll qz 00 Havi �6 2 3 4 `o- �� : x . No [ (a, h j :l r 5 6 "c4,A 7 8 Ll 9 1-0 P. 11 / ��` � Adlle r_ 12 ©� 13 v 1.5& 'p ui Ll 3 H a QL* W 7 �. 14 �_ p�Salx1 LAI Ho U Iry 15 ,��% 151 HoRme -Place Dr. 16 17 18 19 20 Board of Commissioners - October 19, 2015 ITEM: 24- 11 - 18 1 ,n�'� / � �� - Gam; /rn? T O� r 2 ' i 'vi I - !-a Leh . N L 3 ;L- 4 z a 5 - %7 7 C .' L 1�v e rs 2s 14 8 ��t + �a i1e) a � 0 9 r LAJ ' vo 10 98 ern 12 a ,, 11 q 1 —aAU6: ,, C-A f ,pit !V «O,t 667Z�t j 13 � -..._ All 14 - - 0-41, 15 16 17 18 19 ,0 board of Commissioners - Uctober 19, 2U1 b ITEM: 24- 11 - 19 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following Boards and Committees: New Hanover County Board of Examiners of Electricians New Hanover County Board of Mechanical Examiners New Hanover County Jury Commission Southeastern Economic Development Commission 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 Board of Examiners of Electricians New Hanover County Board of Mechanical Examiners New Hanover County Jury Commission Southeastern Economic Development Commission COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made. New Hanover County Board of Examiners of Electricians: Matthew K. Powell was appointed in the Independent Electrical Contractor category. Board of Commissioners - October 19, 2015 ITEM: 25 New Hanover County Board of Mechanical Examiners: Larry Lisk and Bruce Polity were appointed in the Mechanical Contractor category. David B. Sims, Jr. was appointed in the NC Registered Mechanical Engineer category. New Hanover County Jury Commission: Charles C. Blanton was appointed. Southeastern Economic Development Commission: The vacancy will be readvertised for a minority applicant. Board of Commissioners - October 19, 2015 ITEM: 25 COMMITTEE APPOINTMENTS BOARD OF EXAMINERS OF ELECTRICIANS 2 Vacancies, 2 -year terms expiring 9/1/17 in the following category: 2 — Independent Electrical Contractors ELIGIBLE FOR APPLICANTS CATEGORY REAPPOINTMENT Clint Lanier Independent Electrical Contractor Matthew K. Powell Independent Electrical Contractor Attachments: Committee Information Sheets Applications Board of Commissioners - October 19, 2015 ITEM: 25- 1 - 1 NEW HANOVER COUNTY BOARD OF EXAMINERS OF ELECTRICIANS Number of Members: 5 consisting of 1 Chief County Electrical Inspector, 2 Independent Electrical Contractors, 1 Electrical Contractor Nominee by Power Company, 1 Electrical Contractor nominated by the County Division of N.C. Association of Electrical Contractors Regular Meetings: Meetings are held as required usually every two months in the office of the County =s Chief Electrical Code Enforcement Official at the County Government Center. Compensation: None Term of Office: 2 years - may be reappointed Statute or Cause Creating Board: New Hanover County Code, Chapter 11, Article 4, Section 11 -241 Brief on the Functions: The primary purpose of this Board is to issue certificates of competence to Journeyman Electricians and Apprenticeship cards to new electrician helpers. The Board establishes minimum journeyman standards and issues certificates to those passing a written examination. Generally, recognition is given to Journeyman certificates issued by other jurisdictions. Revised: 5/6/2014 Board of Commissioners - October 19, 2015 ITEM: 25- 1 - 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Charles A. Harrell Electrical First 8/13/07 9/1/09 6573 Murrayville Road Contractor Second 9/21/09 9/1/11 Wilmington, NC 28411 Third 10/17/11 9/1/13 791 -1910 (H) 395 -0717 (W) Fourth 9/16/13 9/1/15 lectrical First 8/15/05 9/1/07 Michael Pulley Contractor Second 8/13/07 9/1/09 P.O. Box 10382 Third 9/21/09 9/1/11 Wilmington, NC 28404 Fourth 10/17/11 9/1/13 790 -9081 (H) 798 -1280 (W) Fifth 9/16/13 9/1/15 Eddie Richards NC Assoc. 8734 Lowes Island Drive Nominee Wilmington, N.C. 28411 231 -8567 Dale Sutton Power Progress Energy Company P.O. Box 1110 Nominee Wilmington, NC 28402 256 -7293 (W) Staff Support: James R. Shivar, Chairman Electrical Compliance Supervisor File: /Electricians New Hanover County Planning and Inspections Dept. B/C #9 9/13 Government Center Drive, Suite 110 798 -7205 Revised: 5/6/2014 Board of Commissioners - October 19, 2015 ITEM: 25- 1 - 2 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: '6 0 d %f 0- Name: _ Home Address: Mailing Address if different: mss, �a. 1, 14 44, 1(— qA t -Pik E -Mail: G1 `I �%�[ C Cf Yi gl ro/A00.6,57M (City) (Zip Code) Home Phone: yo GAS �pG�� Fax: Cell: q/0 5q Business: Years living in t New Hanover County: Male: � Female: Race: t'Llti f fit_° Age: J� (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. A person curren accordance with department. Occupation: f V e6f rf C, Gii1 Professional Activities: r(J C(Sr O] Volunteer Activities: f � Why do you wish to serve on this board(committee? o 617— h,, 7'/1 J0 �inT� Conflict of Interest: If a board member believes he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself /herself from voting on the matter. What areas of concern would you like to see addressed by this committee? h t°fzq a` g I 004. 0 r_ lo��C1`%'l C I C,�// � Sd - b ev for serving: Other municipal or county boards/committees on which you are serving: Al /, List three local personal references and phone numbers: /dill 2-F) 'Jiy �� ►mMt/ v�� z. ,6",-q ' I ,kDq-t—' tiHC BOCC 3. L eci -r' (f09f, dl Date: -U Signature Appl cations are kept on file for 18 months I understand that any board or committee appointee may be removed without caudse b a ►r��ioi�yl �f County Commissioners. Please use reverse side for additional comsd of Commissioners - cto er ITEM: 25- 1 - 3 S 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: X (f} (M i P) t• J 5 O fi �G f✓ 6 o�/ 5 Name: e J) �L �� f (,� Po c�) tf / E -Mail: fh, k A D u) 2- (F� aQ , C-C 1'71 Home Address: 2 L GJ © ocl ( G J d Dr Lt> / M_ Aj C Z �1 3 `(Street) ity ,p Code) Mailing Address if different. Home Phone: Fax: (City) (Zip Code) �1777 Cell: t,-� 3usiness: Years living in / New Hanover County. O Male: V Female: Race: GJ r e- Age: t y (Information for the purpose of assuring a cross - section of the community) f Do you have a family member employed by New Hanover County? If yes, name Iy Employer. M 01 l-{- P A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: if- G f d' r C- A G' iy Professional Activities: Volunteer Activities: Why do you wish to serve on this board/committee? v u ( cl l� )-/e ) Lo l I Fa r FKfu�r Conflict of Intirest: If a board member believes he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself /herself from voting on the matter. What areas of concern would you like to see addressed by this committee? & I r- G �I- C c f y Ci A-) d Go /J G e a -j S Qualifications for serving:. t e e 1J IrIA o ,` KJ G C e- Gt f c a !- .Z- 7 7f s Other municipal or county boards/committees on which you are serving: 42 d N tZET� Er 'j'.7 List three local personal references and phone numbers: 1. vf_ (,4_)4 ({vnJ 53 6 - 7S2-5 NHC BOCC 2. 12c- y uJ t, f> tJ `7 � D 1-11-( 3 - Z- i-1 5 7 3. ^✓ r Gl (�o►�ii 1�Q ZOO 375 Date: 1-/& - (57 Signature K Applications are kept on file for 18 months I understand that any board or committee appointee may be emoved Bo rd of Commi st��R� spa �tg�i�'r��!o2Jpf County Commissioners. Please use reverse side for additional commenis ITEM: 25- 1 - 4 COMMITTEE APPOINTMENTS BOARD OF MECHANICAL EXAMINERS 3 Vacancies, 2 -year terms expiring 8/31/17 in the following categories: 2 — Mechanical Contractor 1 — NC Registered Mechanical Engineer APPLICANTS Larry Lisk Josh Padgett Bruce Polity David B. Sims, Jr CATEGORY. ELIGIBLE FOR REAPPOINTMENT Mechanical Contractor Mechanical Contractor Mechanical Contractor NC Registered Mechanical Engineer Vacancies have been advertised for an extended period of time with one new application received. Current members with expiring terms have offered to serve another term if the Board so desires. Attachments: Committee Information Sheets Applications Board of Commissioners - October 19, 2015 ITEM: 25- 2 - 1 NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS Number of Members: 6 appointed by the Board of Commissioners as follows: 2 mechanical contractors 1 person experienced in gas piping installations 1 person experienced in commercial grease extractor systems 1 person experienced in heat, ventilation and air Conditioning installations 1 N. C. Registered Mechanical Engineer Terms of Office: 2 years Qualifications: Each member shall have a minimum of five years of experience in his or her representative field. Compensation: none Regular Meetings: The Board shall meet after each examination, but not less than twice a year. Statute or cause creating Board: General Statutes 153A -352, New Hanover County Code Chapter 5, "Building" Amended by adding a new Article VII, "Regulation of Mechanical Work ", dated 7/20/87 and amendment dated 12/19/88. Brief on Functions: To issue certificates to all persons who (1) provide satisfactory evidence to the Board regarding their training and education; (2) pass an examination administered by the Board, and (3) provide evidence of two years of experience in their perspective fields. To administer written or oral examination quarterly on the first Tuesday in January, April, July and October. The Board may revoke certificates and reinstate certificates in accordance with the County Code. CURRENT MEMBERS CATEGORY TERM OF OFFICE APPOINTMENT EXPIRATION Michael A. Callari Class I First 10/15/12 8/31/14 P.O. Box 12083 Journeyman Second 9/15/14 8/31/16 Wilmington, NC 28405 Mechanic 686 -6389 (H) 392 -2030 (W) Thomas L. Crittenden Jr. Class III First 8/16/04 8/31/06 1144 Princeton Drive Journeyman Second 8/14/06 8/31/08 Wilmington, NC 28403 Mechanic Third 9/22/08 8/31/10 763 -4025 (H) 343 -1234 (W) Fourth 9/20/2010 8/31/12 Fifth 10/15/12 8/31/14 Sixth 9/15/14 8/31/16 Larry Lisk Mechanical First 8/13/07 8/31/09 137 King Arthur Drive Contractor Second 8/17/09 8/31/11 Wilmington, NC 28403 256- 9547(H) 796 -3978 (W) 0 Third 11/21/11 fourth 9/16/13 8/31/13 8/31/15 M Board of Commissioners - October 19, 2015 ITEM: 25- 2 - 2 )k NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS (CONT.) CURRENT MEMBERS CATEGORY TERM OF OFFICE APPOINTMENT EXPIRATION Ray McClory Class II First 8/14/06 8/31/08 113 Yorkshire Lane Journeyman Second 9/22/08 8/31/10 Wilmington, NC 28409 Mechanic Third 9/20/2010 8/31/12 675 -1944 (H) 675 -1944 (W) Fourth 10/15/12 8/31/14 Fifth 9/15/14 8/31/16 Bruce Polity, Chairman Mechanical First 8/13/07 8/31/09 802 Rolling Hills Cove Contractor Second 8/17/09 8/31/11 Wilmington, NC 28409 �" l� Third 11/21/11 8/31/13 8/31/15 452- 7816(H) 772- 1555(W) 7� F_Q,ch 9/16/13 David B. Sims, Jr. N egistered First 8/17/09 8/31/11 2512 Shandy Lane Mechanical Eng. Second 11/21/11 8/31/13 Wilmington, NC 28409 Third 9/16/13 8/31/15 799 -0599 (H) 791 -8016 (W) z Staff Contact: File: \Mechanical Chris O'Keefe, Director B/C #19; 10/15 Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, NC 28403 798 -7165 Board of Commissioners - October 19, 2015 ITEM: 25- 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 ` 4 Wilmington, NC 28403 COMMITTEE APPLICATION ' t. Telephone (910) 798 -7149 FAX (910) 798 -7145 C C' Board /Committee: NHCO Board of Mechanical Examiners Name: Larry W. Lisk E- MailUllisk @me. com j Home Address: 137 King Arthur Dr. Wilmngton NC 28403 (Street) (City) (Zip Code) Mailing Address if different: (City) (Zip Code) Home Phone: 910- 256 -9547 Fax: 910- 256 -9547 Cell:_ 910- 508 -8927 Business: Years living in New Hanover County: 46 Male: 7✓ Female: Race: white Age: 70 (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. 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: Retired HVAC business owner Professional Activities: Volunteer Activities: Why do you wish to serve on this board/committee? To help out where needed Conflict of Interest: If a board member believes he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either 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? Assure HVAC tecnicians and installers are qualified to do the work the public has a right to expect. Qualifications for serving: 45 years in HVAC industry Other municipal or county boardsrrcommittees on which you are serving: None List three local personal references and phone numbers: 1. Tony Roberts 2. William Eubanks 3 Lloyd Prince Date: 10 / 06 / 2015 Signature 65&w 4z e 7./1 Applications are kept on file for 18 months I understand that any board or committee appVintee may be removed Board of CommM rsauUc trnoo ��County Commissioners. Please use reverse side for additional comments ITEM: 25- 2 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 iMimington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (9 10) 798 -7145 BoardlCommittee: Mechanical Examiners Name: Josh Padgett .padgett @bradyservices.c Home Address: 220 Derry Ct Wilmington 28411 (street) 1P Code) Mailing Address if different: (city) (zip Code) Home Phone: Fax: Cei/.910- 523 -6130 Business: Years living in New Hanover County. 20 Male: Female: Race: Caucasian Age. 39 (information for the purpose of assuming a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name No Employer. Brady Services A person currently employed by the agency or department for which this application is made, must resign hia4w position with New Hanover County upon appointment, in accordance with Article W, Sec. 4 of the New Hanover County Personnei Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Director of Education and Training Professional Activities: Running, surfing, and kayaking Volunteer Activities : Ogden Elementary, Salvation Army, and Work on Wilmington Why do you wish to serve on this board/committee? I have over 20 years' experience in the mechanical industry and feel my knowledge and experience could benefit this board. Conflict of Interest if aboard member believes he&he has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of hish er 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? No concerns, but I think I think my experiance and perspective to add value to the committee. Qualifications for serving: Master's Degree - ECU, Hl, 2, and 3 Contractors License, Limited Electrical License, and 20 years industry experience. Other municipal or county boards/committees on which you are serving: RECEIVED List three local personal references and phone numbers: 1. Jeff Smith 336- 617 -6698 He Boee 2. Jay Rogers 910- 398 -5008 3. Bob Philpott 910 - 452 -9844 Date: 10 -1 -15 Signature i t 1 r `----� Applications are kept on file for 18 months I understand that a or committee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side foradditional comt of Commissioners - October 19, 2015 ITEM: 25- 2 - 5 NEW HANOVER COUNTY , BOARD OF Ct?UNISMONERS :'90CaO rr t an(wti�tmy. soft tr:5 Nrw4"3'do"` 10 ?ear to COMMITTEE APPLICATION X8103 r9e 71-0 - Fnx f.9raj N1Boar�at�onmtittee: l��+Cr�,.��,,�.. i �,,�,- i ��_�+►t+. -� r/ V I� nicc.� -� \ HOW .,r E- Neil: �Ty�?"�,�►,`t� �'L *ftes3: Si oa- l taia►$ tA t 0i... _ {. W t!✓ Q Ir -�! �1R. `" f a 'i MairkV Address if offlerent: PGdy) (rp Coda) ttofne Phone: %- -- 'Y3't2- 7Z1 (, Fax. Cefl: /Z!�• YV1:_4 _ ,&., ness: Yew 1ivk9 in New Hanover County: � � Male: FenWeF Race: 1•.+� K�'% Age° Jt" �• fftfor"kfio" for tha gamy of asmr,ry a "AM's- action at the rxttrvttw*V Volunteer Activities: Wily do you wish to serve on this boarcYu:arrvnWee? ® kAt t j. we,T A-_ Ai C.4:, A 1,- ice►!A( UWA- C. C-Prsp Ct ntt+ct at lar+retst. x a llrw tr rn�erapgr d�ic+r s tsw+�yw his a t tCa t rar to ewn+3+ eta r d ;reew+..r an a PWWUW 4mm tow awraor �W� .+rA *- M05 bow to tit., w +ttortt(war d ft%OW'r".ira, v0V IVA"" esmv a ftgw ohm" r" nwfflA itvff W -'ak Mo AW.V + :, mr ro"ftt dcf&V y %*%W ne-v* nas a saws*, p+,wrr, or ""V*94 ry et+s+Lx or f, h ow ncruw ty+dcr C*Vj �+.r.Nkr+ the ffown?e v Vhs4*W pjW cwuus.: Rr +rteaY�imwwtY ttixn #ttkyryr +m t +w rrq�tW M81' arO" of concern would you like to see addressed by this comnuttee? j.►a e MX `..r,.� C.o �.� C 1+�s►w t .'�. Qualifications for swerving: 1 SeL- t ft S tx)r, t— 2,00 �- Other mvnxVW or county boa xWcomrrr new on which you are serving ,lone List three local �panat references and phone numbers: 1- 1112!1 +4 1�fbuts 2 I t Date: t3 ! Sr Signakr P40kcWWs arc k� tY naG��tlrs I �Q UNN any 6a.su d or C m*0" app "W" ba rawrowo'd wi kwo cam by a fY W coWr cY Conanotssiws Prue use reverse side for add bnaf corrurrerds Board of Commissioners - October 19, 2015 ITEM: 25- 2 - 6 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: NHC Board of Mechanical Examiners - ; y. 1jl Name: David B. Sims, Jr. E- Mall: david @dsaeng.com Home Address: 2512 Shandy Lane Wilmington, NC 28409 (Street) Y (Zip o e Mailing Address if different: Home Phone: 910- 799 -0599 Fax: (City) (Zip Code) Cell: 910 -612 -0233 Business: 7918016 Years living in New Hanover County: 35 Male: V* Female: Race: W . Age: 68 (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. David Sims & Associates Consulting Engineers, PC 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: President of David Sims & Associates; Professional Engineer Professional Activities: Engineering Volunteer Activities: Rotary, Director (Plantation Village Retirement, Elder - First Presbyteri Why do you wish to serve on this board/committee? I hope to use my years of engineering experience to assist the board in its work. Conflict of Interest. Ifs board member believes he /she has a conflict or potential conflict of interest on a particular Issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary Interest, either direct or Indirect In the Issue under consideration. The member should then excuse himself/herselffrom voting on the matter. What areas of concern would you like to see addressed by this committee? No area of concerns at this time Qualifications forserving: 45 years of engineering experience plus 3 degress in three different fields of engineering Other municipal or county boards/committees on which you are serving: RECEIVES List three local personal references and phone numbers: o i i _ ! o 1. David Polston, AIA 910- 350 -8900 Nile DOG G Z. Don Woods, PE 3. Phil Norris, PE 910 - 395 -7814 910 - 343 -9653 Date: 10 /6/15 Signature /- -" - Applications are kept on file for 18 months l understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - October 19, 2015 ITEM: 25- 2 - 7 COMMITTEE APPOINTMENTS JURY COMMISSION 1 Vacancy: 2 -Year Term Ending 10/31/2017 APPLICANT: Charles C. Blanton Attachments: Committee Information Sheets Application ELIGIBLE FOR REAPPOINTMENT Board of Commissioners - October 19, 2015 ITEM: 25- 3 - 1 NEW HANOVER COUNTY JURY COMMISSION Number of Members: 3, appointed as follows: 1 appointed by County Commissioners 1 appointed by Senior Resident Superior Court Judge 1 appointed by Clerk of Superior Court Term: 2 years - may be reappointed Compensation: paid by New Hanover County Qualifications: qualified voter of New Hanover County Regular Meetings: every two years in October Statute or cause creating Board: NCGS Art. I, Chapter 9 -1 and 9 -2. Each member must take an oath of office. Brief on functions: To prepare a list of prospective jurors utilizing the tax lists of the County and voter registration records, exercising reasonable care to avoid duplication of names. CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION Sheila L. Schult First 11/21/13 10/31/15 New Hanover County Clerk to the Board (Ratified 12/9/13) 230 Government Center Drive, Suite 175 Wilmington, NC 28403 798 -7149 (W) Scott Cromartie, Superior Court Judge appointee Timothy J. Kelly, Clerk of Court appointee Clerk of Court: Jan Kennedy File: /Jury.wpd 316 Princess Street B/C #16 12.13 Wilmington, NC 28401 Revised: 11/26/2013 Board of Commissioners - October 19, 2015 ITEM: 25- 3 - 2 NEW HANOVER COUNTY "' BOARD OF COMMISSIONERS' 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Y %bphone (910) 798 -7149 =z,. FAX (910) 798 -7145 BoarWCommittee: New Hanover County Jury Commission Name: Charles Clay Blanton E-May.blanton.charles @gmail.con Home Address:2023 Pender Avenue Wilmington, NC 28403 Mauling Address if different: (CRY) (Zip Code) Home Phone: 910- 297 -2626 Fax: Cell• 910- 297 -2626 Business: 392 -4988 Years Irving in New Hanover County: 9+ Male: ✓ Female: Race: White Age. 35 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? K yes, name Employer: Brock 6 Scott, PLLC A person currently eyed by the agency or department for which this application is made, must resign hisiber position with New Hanover County upon appointment in aecadance wNh Artlde Vl, Sec. 4 of the New Hanover County Personnel policy Furthermore, aWkent should have no immediate family member employed by such agency or dauvtment Occupation :DC Attorney, and Deed -in -lieu Analyst at Brock and Scott Professional Activities: DC Bar Asoc. , ASPA b SENCASPA, A -B.A. , UNCW MPA Alumni, U.N. Asoc. VolunteerActfvities: Guardian Ad Litem, Sheriff Is Citizen Academy, Lawyers for Literacy why do you wish to serve on this boarWcommittee? I want to ensure that the Jury Pool is selected fairly and without bias to provide a pool that is representative of our County population Conilkt of interact: IF a board member believes he/she has a oonftict or potential cwgkt of interest on a particular issue, that member should state this baflef to the other members of hlsiher respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, of monetary interest, either direct or indirect, in the issue under conskWation. The member should than excuse himsetfAmrself from voting on the matter. What areas of concern would you like to see addressed by this committee? Fair and ramdom sample of citizens should be drawn. Data collection of potential jurors that are excused. Qualifications forserving: Previous experience in jury pool selection in Law and Grad school . I researched NBC jury pool selection at the request of Public Defender Jennifer Harjo. Other municipal or county boards/committees on which you are serving: City- Chair of Downtown Parking Advisory Committee (DPAC), Sister City Commissioner and SCAN Board bwhfi&E I V E D List three local personal references and phone numbers: A PR, - 3 L u 1. J.D. Limberger - New Hanover County 910 - 798 -7169 2. Betty Gurganus - City of Wilmington 910 - 342 -2786 3. Liz Kachris -Jones - Guardian Ad Litem District Administrator 910 - 343 -6404 Date: 04/04/2015 Signature AppNcadons are kept on file for 18 months I understand that any board committee appolMee maybe removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - October 19, 2015 ITEM: 25- 3 - 3 CHARLES CLAY BLANTON, J.D., M.P.A. 2023 Pender Ave. • Wilmington, NC 28403 • (910) 297 -2626 • Blanton CharlesndgmaiLcom D.C. Bar License #1024038 EDUCATION Master of Public Administration Public and Nonprofit Management UNC Wilmington- Graduate School Wilmington, NC 2013 Juris Doctorate Graduate Certificate in Alternative Dispute Resolution Pro Bono Certificate of Recognition North Carolina Central University Durham, NC 2011 B.A. Communication Studies UNC Wilmington Wilmington, NC 2002 VOLUNTEER Chairman — DPAC — City of Wilmington Parking Advisory Committee LEADERSHIP Commissioner — Wilmington Sister City Commission EXPERIENCE Guardian Ad Litem - 5' Judicial District Treasurer and Event Planner -SENC American Society for Public Administration(ASPA ) UNCW MPA Alumni Planning Committee Past Chairman — Public Interest Law Organization, NCCU School of Law CURRENT Brock & Scott, PLLC EMPLOYMENT Deed -in -lieu Department Wilmington, NC 2014- Present • Case Management • Document preparation and review PAST New Hanover County EMPLOYMENT Budget Department Wilmington, NC 2013 -2014 • Office management and public reception • Public budgeting process management • Executive assistant duties City of Wilmington, NC Parking & Economic Development Wilmington, NC 2012 -2013 • Analyzed department and programs and published reports • Coordinated and lead LEO team in Downtown lighting/safety survey and analysis • Worked with City executive management and LEO to improve safety Downtown Public Defender, Legal Aid, and ADR Clinic NCCU School of Law Bakersfield, CA &Wilmington, NC 2009 -2011 • Interned at Public Defender Offices in CA & NC while attending Law School • Interned at Legal Aid and ADR Center of Durham while in law school • Awarded grant to attend Yale Public Interest Law Robert M. Cover Retreat • Awarded public interest stipend to work at Legal Aid MEMBERSHIPS D.C. Bar License #1024038 , American Bar Association Membership # 01609585 American Society for Public Administration (ASPA) ASPA Section on Criminal Justice Administration, & Section on Public Law and Administration United Nations Association ACTIVITIES& I am a husband, and a father of 2 daughters. I enjoy reading journals on public and judicial INTERESTS administration and law to stay current on professional issues. I play in two tennis leagues and enjoy golfing in charity tournaments. I love stand -up comedy, and the film and theatrical arts in my community. I play the guitar and upright bass. I have a passion for Public Service. Board of Commissioners - October 19, 2015 ITEM: 25- 3 - 4 COMMITTEE APPOINTMENT SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION 1 Vacancy — 4 -year term ending 4/30/19 Category: Economic Development Community (minority representative) APPLICATIONS Terry Espy Attachments: Committee Information Sheet Application ELIGIBLE FOR REAPPOINTMENT Board of Commissioners - October 19, 2015 ITEM: 25- 4 - 1 SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION Number of Members: Twelve counties consisting of: Bladen, Brunswick, Columbus, Cumberland, Harnett, Hoke, New Hanover, Pender, Richmond, Robeson, Sampson, and Scotland 4 appointed by New Hanover County (Representatives should be from the economic development community [including 1 minority representative] and 1 County Commissioner) Term of Office: 4 years Regular Meetings: The full board of SEDC meets annually (usually the third or fourth week in April). The executive committee meets monthly at the SEDC office in Elizabethtown on the fourth Tuesday of each month at 10:00 a.m. Purpose: Improving economic development in the county and Southeastern North Carolina Statute or cause creating Board: Approval to rejoin the SEDC on February 21, 2005. Revised: 1/21/15 Board of Commissioners - October 19, 2015 ITEM: 25- 4 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Corey L. Barbour First 5/21/07 4/30/11 4154 Appleton Way Second 4/18/11 4/30/15 Wilmington, NC 28412 L.-'t 297 -6326 (CAN) x/a Beth Dawson, County Commissioner Unexpired 1/5/15 4/30/18 230 Government Center Drive, Suite 175 Wilmington, NC 28403 798 -7260 (NHC Office) Executive Committee Member: First 4/16/12 4/30/16 W. Randall Johnson 3405 Amber Drive Wilmington, NC 28409 616- 5000(H) 763 -5747 (W) Edwin L. West, III First 4/22/13 4/30/17 441 Wayne Drive Wilmington, NC 28403 254 -4804 (H) 338 -6702 (C) Pamela Bostic, Executive Director File: /SEDC John Sloan, Chairman (Sampson County) 1/15 Southeastern Economic Development Commission P.O. Box 921 Elizabethtown, NC 28337 910- 862 -6985 Revised: 1/21/15 Board of Commissioners - October 19, 2015 ITEM: 25- 4 - 2 NEW HANOVER COUNTY BOARD OF C6MM/SS/ONERS 230 Government Center Drive, Suite 175 ' Wilmington, NC 28403 } Telephone (910) 798 -7149 FAX (910) 798 -7145 i Board/Committee: Name: Home Address: (Street) JlNI}•� e` � MfJtii r Y S A COMMITTEE APPLICATION. Code) Mailing Address if different (City) (Zip Code) Home Phone: Fax: Cell: "iP ;qC -(-7 (, Business: Years living in New Hanover County: _ Male: Female: :I-11— Race: Q3D -LCQ C1 Age:�1r (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 _ DQ Employer: A peen currerW employed by the agency or department for whkh this application is made must resign hhow position with New Hanover County upon appoirtnient, in accordance with Article Vl, Sec. 4 ofthe New Hanover County Personnel Policy. Furthernw: e, apprrcent should have no Immediate 1am4y member empbyed by such agency or depar6nent What areas of concern would you like to see addressed by this committee? t '� uy'r �1I _ r _ lI ��ii �. T Quail ications for List three local personal references and phone numbers: RECEIVED 2. NO- 110-ICOO q't© 3. -► Date: I sign _ Applications are k out file for 18 months t nd that a bo r rn�flt with , ,rty Please use reverse side for additional comments Board of Commissioners - October 19, 2015 ITEM: 25- 4 - 3 may be NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 19, 2015 ADDITIONAL ITEMS DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Acknowledgement of New Hanover County State of Emergency and Termination of State of Emergency in the County of New Hanover Proclamations BRIEF SUMMARY: On October 2, 2015 at 6:00 p.m. due to the approaching Hurricane "Joaquin" the Vice - Chairman signed into effect the New Hanover County State of Emergency Proclamation. On October 19, 2015 4:00 p.m., having determined that a state of emergency no longer existed, the Chairman signed into effect the proclamation terminating the New Hanover County State of Emergency. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Acknowledge the State of Emergency Proclamation dated October 2, 2015 and the Termination of State of Emergency Proclamation dated October 19, 2015. ATTACHMENTS: Termination of State of Emergency 10 -19 -2015 State of Emergency 10 -2 -2015 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 19, 2015 ITEM: 26 GO�NTY.`1r NEW l-lANOVFR COUNTY 0 � EORRD OF CO/rMMISSIONER5 x � 3 230 Government Center Drive, Suite 775 �Z aZ Wilmington, NC 2&403 a (970) 795 -7749 �STABtrsHVAD (970) 795 -7745 FAX www•nhcgov•com TERMINATION OF STATE OF EMERGENCY IN THE COUNTY OF NEW HANOVER Jonathan Barfield, Jr. Chairman Beth Dawson Vice - Chairman Woody White Commissioner Skip Watkins Commissioner Rob Zapple Commissioner WHEREAS, on Friday, October 2, 2015, due to the approaching Hurricane Joaquin, the New Hanover County Board of Commissioners determined and proclaimed a local state of emergency for the County of New Hanover; and WHEREAS, the New Hanover County Board of Commissioners has determined that a state of emergency no longer exists in the County of New Hanover; NOW THEREFORE BE IT RESOLVED that the above - referenced proclamation of a local state of emergency and all of the restrictions and orders therein are hereby terminated effective October 19, 2015. ADOPTED this the 19th day of October, 2015. Jonathan Barfield, Jr., Chairman Teresa P. Elmore, Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 26- 1 - 1 NEW HANOVER COUNTY Jonathan Barfield, Jr. BOARD OF COMMISSIONERS Chairman Beth Dawson 230 GOVERNMENT CENTER DRIVE, SUITE 175 Vice - Chairman WILMINGTON, NC 28403 Woody White (910)798-7149 Commissioner (91 O) 798 -7145 FAX Skip Watkins VVWW.NHCGOV.COM Commissioner Rob 7_apple Commissioner NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION OF STATE OF EMERGENCY Section 1: Pursuant to New Hanover County Code Chapter 17, Article III, Section 17.71 and Section 17.72, and North Carolina General Statutes Chapter 166A and Article 36A, Chapter 14, the New Hanover County Board of Commissioners has determined that a State of Emergency as defined in the New Hanover County Code Section 17.71 exists in New Hanover County. Section 2: Therefore, the New Hanover County Board of Commissioners proclaims the existence of a State of Emergency in New Hanover County due to the approaching Hurricane Joaquin. Section 3: The New Hanover County Board of Commissioners hereby orders all county law enforcement officers, employees and all emergency management personnel to cooperate in the enforcement and implementation of the provisions of the county emergency ordinances, which are set forth below. Section 4: Evacuation. To be announced as necessary. Section 5: Curfew. To be announced as necessary. Section 6: No Alcoholic Beverages. To be announced as necessary. Section 7: No Firearms, Ammunition, or Explosives. To be announced as necessary. Section 8: Execution of Emergency Plan. All persons and emergency management personnel within New Hanover County are ordered to comply with the emergency plan. Section 9: Public Shelters. To be announced as necessary. Section 10: This proclamation shall become effective at 6:00 p.m. on October 2, 2015. Adopted this the 2nd day of October 2015. (SEAL) Beth Dawson, Vice- Chairman Board of County Commissioners Terbsa Elmore Clerk to the Board Board of Commissioners - October 19, 2015 ITEM: 26- 2 - 1