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HomeMy WebLinkAboutAgenda 2019 12-16NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson - Boseman, Chair I Patricia Kusek, Vice -Chair junathan Barfield, Jr. , Commissioner I Woody White, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board DECEMBER 16, 2019 9:00 AM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Pastor Jonathan P. Conrad, St. Paul's Evangelical Lutheran Church) PLEDGE OF ALLEGIANCE (Commissioner Barfield) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Appointments of Commissioners to Various Board and Committees for 2020 3. Approval of Final Recommendation of Proposed Certified Voting Systems for Adoption and Acquisition 4. Approval of Five Donations for Accession into the Museum's Permanent Collection 5. Board of Education Budget Amendment #2 for I nformation 6. Adoption of Budget Amendments ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 10 7. Presentation of Service Awards and Introduction of New Employees 5 8. Consideration of Juvenile Crime Prevention Council (JCPC) Full -Time Grant - Funded Position Via Raise the Age Expansion Funding 5 9. Consideration of a Budget Amendment to Accept a NC Division of Emergency Management Hazard Mitigation 404 Buyout /407 Demolition Grant Award 10 10. Consideration of Sediment and Erosion Control Ordinance Revisions 10 11. Consideration of a Resolution Creating a Stormwater Services Program 10 12. Consideration of a Resolution of the Board of County Commissioners of the County of New Hanover, North Carolina Providing for the I ssuance of Not to Exceed $3,700,000 General Obligation School Bonds, Series 2020 40 13. Quasi - Judicial Hearing Special Use Permit Request (S19 -03) — Request by New Beginning Christian Church for a Special Use Permit to Operate a Child Care Center at 3120 Alex Trask Drive, within the R -20, Residential District. At their November 7, 2019 Board of Commissioners - December 16, 2019 meeting, the Planning Board recommended approval (7 -0). 5 14. Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 16. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting held on December 2, 2019 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 - December 16, 2019 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Chair Olson - Boseman CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Approval of Appointments of Commissioners to Various Board and Committees for 2020 BRIEF SUMMARY: Attached is a list of the boards and committees the County Commissioners currently serve on in 2019 and what is proposed for 2020. The request of the County Commissioners is to approve the list for the 2020 appointments. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve appointments for 2020 as shown on the list. ATTACHMENTS: Commissioners Boards and Committees List COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 2 NEW HANOVER COUNTY COMMISSIONER APPOINTMENTS TO BOARDS AND COMMITTEES DRAFT Board /Committee (Designated for Commissioner Representative) 2019 2020 Airlie Gardens Foundation Board of Directors Vice - Chairwoman Olson - Boseman Commissioner Zapple Cape Fear Community College Board of Trustees Commissioner Kusek Vice -Chair Kusek Cape Fear Community College Long -Range Commissioner Kusek Vice -Chair Kusek Planning Committee (designated for commissioner) Cape Fear Council of Governments Executive Chairman Barfield Chair Olson - Boseman Committee Cape Fear Museum Advisory Board Commissioner White Commissioner White Cape Fear Public Transportation Authority /WAVE Transit (WAVE representative on the MPO /TAC) Chairman Barfield Commissioner Barfield Cape Fear Public Utility Authority Commissioner Zapple Commissioner Zapple Cape Fear Public Utility Authority Commissioner Kusek Commissioner Barfield Legion Stadium Commission Vice - Chairwoman Olson - Boseman Commissioner Zapple Legion Stadium Commission Chairman Barfield Commissioner Barfield Local Emergency Planning Committee Vice- Chairwoman Olson - Boseman Commissioner Barfield Lower Cape Fear River Program Advisory Board Commissioner Zapple Vice -Chair Kusek Lower Cape Fear Water & Sewer Authority Commissioner Zapple Vice -Chair Kusek New Hanover County ABC Board Commissioner Kusek Vice -Chair Kusek New Hanover County Airport Authority Vice - Chairwoman Olson - Boseman Chair Olson - Boseman New Hanover County Consolidated Human Services Chairman Barfield Commissioner White Board New Hanover County Financing Corporation, Inc. Chairman Barfield Chair Olson - Boseman New Hanover County Tourism Development Commissioner Kusek Vice -Chair Kusek Authority New Hanover Regional Medical Center Board of Vice - Chairwoman Olson - Boseman Chair Olson - Boseman Trustees NC -506 Continuum of Care Advisory Board Commissioner /County Manager Commissioner /County (formerly Ten Year Plan to End Homelessness) Designee Manager Designee Parks Conservancy Board of Directors Chairman Barfield Commissioner Barfield Smart Start of New Hanover County Commissioner Zapple Commissioner Zapple Southeastern Economic Development Commission Commissioner White Commissioner White Southeastern Partnership Inc. /Economic Development Commissioner White Commissioner White Trillium Health Resources — Southern Regional Advisory Board Commissioner Zapple Commissioner Zapple Wilmington Business Development Vice - Chairwoman Olson - Boseman Vice -Chair Kusek Wilmington Chamber of Commerce Chairman Barfield Chair Olson - Boseman Wilmington Downtown Inc. Commissioner Zapple Commissioner Zapple Wilmington /New Hanover Port, Waterway & Beach Commissioner White Commissioner White Commission Wilmington Regional Film Commission Chairman Barfield Chair Olson - Boseman Wilmington Urban Area Metropolitan Planning Commissioner Kusek Commissioner Zapple Organization — Transportation Advisory Committee Board of Commissioners - December 16, 2019 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 CONSENT DEPARTMENT: Elections PRESENTER(S): Rae Hunter - Havens, Board of Elections Director CONTACT(S): Rae Hunter - Havens SUBJECT: Approval of Final Recommendation of Proposed Certified Voting Systems for Adoption and Acquisition BRIEF SUMMARY: New Hanover County has the following voting equipment inventory: iVotronic Voting Terminals (DRE) - 110; iVotronic Supervisor Terminals (DRE) -2; Model 100's (Optical Scan) - 70; Model 650 (High Speed Optical Scan) - 1. In accordance with Session Law 2018 -13 (Senate Bill 486), Direct Record Electronic (DRE) iVotronic voting equipment was decertified in the State of North Carolina on December 1, 2019, unless otherwise authorized by the NC State Board of Elections. The State Board may authorize a county board of elections to use a direct record electronic (DRE) voting system in any election prior to July 1, 2020, provided the State Board determines the following conditions are satisfied: (1) The county board of elections submits a hardship request to the State Board to use a DRE voting system in an election or elections prior to July 1, 2020, as specified in the request, and provides documentation that replacement of the machines prior to July 1, 2020, would create an undue hardship for the county. (2) The county board of elections provides sufficient information for the State Board to conclude that the use of the DRE voting system will not jeopardize the security of the election or elections. (3) The county board of elections has begun the process and time line for replacing the DRE voting system and provides documentation to the State Board regarding the time line for that process and specifically the time of testing as required by G.S. 163 - 165.9. Although County Boards of Elections in North Carolina are required to replace DRE voting systems only, the New Hanover County Board of Elections requested a full voting system replacement for FY 19/20. The current voting equipment inventory maintained by the New Hanover County Board of Elections was purchased in 2006, with mostly HAVA funds, from Elections Systems and Software (ES &S) and has exceeded the projected end of life (approximately 10 years). We are experiencing greater frequency of equipment failure during voting equipment testing, One -Stop voting, and Election Day voting. The New Hanover County Board of Elections currently has $947,669 in the approved FY19/20 budget for this expenditure. The New Hanover County Board of Commissioners (with the recommendation and approval of the New Hanover County Board of Elections) must adopt and acquire a voting system that is certified by the NC Board of Commissioners - December 16, 2019 ITEM: 3 State Board of Elections. The New Hanover County Board of Commissioners can decline to adopt or acquire any voting system recommended by the New Hanover County Board of Elections, but it cannot adopt and acquire a voting system that has not been approved by the New Hanover County Board of Elections (NC Gen. Stat. § 163 - 165.8). The public contracting and procurements statutes do not apply to the purchase of certified voting systems. Before approving the purchase of a new certified voting system, the New Hanover County Board of Elections was required to complete the following: 1. Witness a demonstration of the recommended type of voting system plus at least one other certified type of voting system, if there is more than one certified vendor, 2. Make a preliminary recommendation to the board of county commissioners as to which type of voting system should be acquired, 3. Test the proposed voting system in at least one precinct on Election Day where the voting system would be used if adopted, 4. Seek State Board approval to replace the current voting system, and 5. Make a final recommendation to the board of county commissioners. The New Hanover County Board of Elections witnessed a demonstration of two voting systems certified by NC State Board of Elections, ES &S and Hart InterCivic, at the September 10, 2019 board meeting. The third vendor, Clear Ballot, did not respond to our request for a demonstration or additional information regarding their voting systems. The New Hanover County Board of Elections was required to take official action to preliminarily recommend a voting system before testing the proposed voting system in a precinct on Election Day during the 2019 Municipal Elections and chose to document their recommendation via the attached resolution. The proposed voting systems were successfully tested during the 2019 Municipal Elections and the New Hanover County Board of Elections has received approval from the NC State Board of Elections to purchase the proposed new voting system pending approval of the New Hanover County Board of Commissioners. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the final recommendation of the Board of Elections regarding selection of certified voting systems for adoption and acquisition. ATTACHMENTS: Resolution for Preliminary Recommendation Proposed New Voting Systems COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 3 NEW HANOVER COUNTY BOARD OF ELECTIONS 230 Government Center Drive, Suite 38, Wilmington, NC 28403 P: (910) 798 -7330 f F: (910) 798 -7295 1 NHCvote.com Rae Hunter - Havens, Director Members of the Board "Thomas C. Pollard, Chair j Evelyn A. Bryant, Secretary Carter,ewell Hamerski, Member I Jonathan W. Washburn, Member f Skip Watkins, Member A RESOLUTION TO PRELIMINARILY RECOMMEND TO THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS THE ADOPTION AND ACQUISITION OF VOTING EQUIPMENT At a meeting duly called and held on the 1 st day of October 2019, the New Hanover County Board of Elections unanimously adopted the following resolution: WHEREAS, the New Hanover County Board of Commissioners, with the approval of the New Hanover County Board of Elections, may adopt and acquire only a voting system of a type, make, and model certified by the State Board for use in some or all voting places in the county at some or all elections in accordance with NC Gen. Stat. § 163A -1116; WHEREAS, the New Hanover County Board of Elections must recommend the adoption and acquisition of any voting system by the New Hanover County Board of Commissioners after completing the requirements in NC Gen. Stat. § 163A- 1117(x); WHEREAS, the New Hanover County Board of Elections must recommend to the New Hanover County Board of Commissioners which type of voting system should be acquired by the county, pursuant to NC Gen. Stat. § 163A- 1117(a)(1); WHEREAS, the New Hanover County Board of Elections has witnessed a demonstration, in the county or at a site designated by the State Board of Elections, of the type of voting system being recommended, and has also witnessed a demonstration of at least one other type of voting system certified by the State Board of Elections as required by NC Gen. Stat. § 163A- 1117(a)(2); WHEREAS, the New Hanover County Board of Elections has directed staff to test, during the 2019 Municipal Elections, the proposed voting system in at least one precinct in New Hanover County, as required by NC Gen. Stat. § 163A- 1117(a)(3); WHEREAS, the New Hanover County Board of Elections will seek approval from the State Board of Elections prior to replacing any voting system, pursuant to NC Gen. Stat. § 163A -1117 (b)(3); WHEREAS, the New Hanover County Board of Elections has requested funds in the past to fund the purchase of new voting equipment; and WHEREAS, the New Hanover County Board of Elections plans to make a final recommendation to the New Hanover County Board of Commissioners on the adoption and acquisition of a voting system at its December 2019 meeting. Board of Commissioners - December 16, 2019 ITEM: 3 - 1 - 1 THEREFORE BE IT RESOLVED that the New Hanover County Board of Elections hereby preliminarily recommends that the New Hanover County Board of Commissioners adopt and acquire the following certified voting equipment pursuant to NC Gen. Stat. § 163A- 1117(a)(1): Voting Type: DS200 Precinct Tabulator Vendor: ES &S Number of Units: 60 Cost Per Unit: $5,975 Total Cost to County: $358,500 Voting Type: ExpressVote Ballot Marking Device Vendor: ES &S Number of Units: 60 Cost Per Unit: $3,510 Total Cost to County: $210,600 Voting Type: Ballot on Demand Printing System Vendor: ES &S Number of Units: 20 Cost Per Unit: $7,930 Total Cost to County: $158,595 Voting Type: DS850 High Speed Digital Image Scanner Vendor: ES &S Number of Units: 1 Cost Per Unit: $115,125 Total Cost to County: $115,125 *Customer Loyalty Discount and Trade -In Allowance of $117,897 will deducted from total costs. c 9z Thomas C. Pollard, Chair Board of Commissioners - December 16, 2019 ITEM: 3 - 1 - 2 DS200 @ Precinct Scanner &Tabulator Protective Cover Cover has heavy -duty rubber seal to shelter DS200 from elements during transport. Easy to Set Up Lid -up, power -on approach allows poll workers to easily open polls. Touch Screen and Display Provides voters with instructions and immediate feedback. Tension bearings hold screen in place for custom positioning. Ballot /Card Slot Voters cast both ballots and vote summary cards .here; accommodates up to 19 -inch ballots. Auxiliary Ballot Compartment Main Ballot Compartment Easy, hassle -free storage of up to 2,500 ballots. The number of 14 -inch flat ballots processed per minute Version 3 ,,{ r mh 1 Copyright 2016 Election Systems & Software, LLC. All riohtsS g�J2�fAYIQr ��f�t� s CY ='Z0 ElecYion��y�sterns & Software, LLC. Draft L-1 6iF�l y �r ACCURATE The DS200 combires the ES &S- patented Intelligent Mark Recognition (IMR —) and patented Positive Target Recognition & Alignment Compensation (PTRA09 systems to accurately track and pinpoint target locations. This technology accommodates ballots inserted at angles or w71th erroneous marks to uphold voter intent. This precision improves the reliability of elections SECURE Like all ES &S tabu,ation equipment, the DS200 includes physical security features such as locking pane!s and security seals to secure sensitive components and election files, and a key - locked case for transport and shipping. The DS200 operating system controls, limits and detects unauthorized access to all critical data. The system also includes safeguards, sucn as data encrypt or and digital signatures, that help protect sensitive data and verify authenticity, lr.cluc' ^g certification of all firmware. RELIABLE Havi; g bath battery ioackup and thermal paper means you never have to worry about power outages or printer'nk. COMPATIBLE Works it con ur.ctioi.. -% ith: ExpressVote= Universal Voting System Electionware Election Management Software DS450- High - Throw.. put Scanner & Tabulator AutoMARK" Ballot Marking Device DS850` High -Speed Scanner & Tabulator Election Reporting Manager® COMPREHENSIVE Optional wireless modem results transfer Backup data storage with encrypt;on Data sent via Secure File Transfer Protocol Primary data storage device (SFTP) server FcBoarda)f-6mm, rntsmipv 9Mw0ece9*W6fi;d3619 ITEM: 3 - 2 - 2 ExpressVote' A Universal Voting System as a Marker Visual Ards figh contrast and :oom functionality. Front Access Panel Headphone jack, a port for a Sip- and -Puff device or two - position rocker switch, and Audio - Tactile Keypad make the unit ADA friendly Audio - Tactile Keypad Enables ADA voters to control audio and navigate the ballot. ACTIVATING THE VOTE SESSION: Election officials can configure the ExpressVote to best $t their needs. The voter receives an activation card to begin the process. s iArip eprr+ If only one ballot style is programmed for the election, a blank card activates the vote session. Multiple ballot styles with a blank card prompt poll workers to select the correct ballot style for the voter. A card with an activation barcode displays the correct options for the voter if the election has multiple ballot styles. Version 2 Copyright C 2016 Election Systems & Software, LLC. All rights A.f �li �$ @i % §tVQ @Wn * 0!§kti9PIq terns & Software, LLC. ITEM: - 2 - 3 Draft Touch Screen and Display Allows voters to easily make vote selections and review their selection. I •o ) I `A ExpressVotell I Instruction Panel o I� A visual guide that shows voters I how to use the ExpressVote. a 10,03 _•' w.Nn.c.rm... I I I Card Slot Where the voter inserts their card to activate selections. Front Access Panel Headphone jack, a port for a Sip- and -Puff device or two - position rocker switch, and Audio - Tactile Keypad make the unit ADA friendly Audio - Tactile Keypad Enables ADA voters to control audio and navigate the ballot. ACTIVATING THE VOTE SESSION: Election officials can configure the ExpressVote to best $t their needs. The voter receives an activation card to begin the process. s iArip eprr+ If only one ballot style is programmed for the election, a blank card activates the vote session. Multiple ballot styles with a blank card prompt poll workers to select the correct ballot style for the voter. A card with an activation barcode displays the correct options for the voter if the election has multiple ballot styles. Version 2 Copyright C 2016 Election Systems & Software, LLC. All rights A.f �li �$ @i % §tVQ @Wn * 0!§kti9PIq terns & Software, LLC. ITEM: - 2 - 3 Draft EASY TO SET UP AND USE ' , The one -step startup and poll - closing procedure make the ExpressVote an ideal device for poll workers. The intuitive design offers streamlined simplicity for poll workers and election staff. The ExpressVote is also small, lightweight and easy to move. CONTROLLED AND REDUCED COSTS Traditional ballot printing costs can be significantly reduced by eliminating the need for pre - printed paper ballots. Voters activate their vote session, make their selections aid receive a paper record to cast. This process consumes 70 percent less paper than traditions! ballots. INNOVATIVE DESIGN Voters review a summary page and can make changes before receiving their verifiable paper vote record. The ExpressVote prevents overvotes and undervoting with prompts '* and on- screen feedback. ExpressVote in marking mode neither stores nor tabulates vote courts The system produces a verifiable paper record for each voter. VERIFIABLE PAPER RECORD After all selections are made, a human- and machine - readable paper record is produced 'f e that includes text and an optical scan barcode. Votes are digitally scanned for tabulation: on an ES &S DS200 ", D5450' or D5$50 � device SECURE The ExpressVote Universal Voting System utilizes a variety of functions to ensure election seta and cast vote records are secure. in its current certification as a marking device, no •4■ vote data is stored in the device. Its system functions are only executable during election events, in the manner and order intended by election officials performing their duties. oi'&eofi'i�iiiol�i sti!'l�cgr'(�jf°,M19 ITEM: 3 - 2 - 4 Draft Ballot on Demand"Solution (11 iii u, ES &S' secure Ballot on Demand® (BOD) solution consolidates commercially available printing components with ES &S proprietary software. This proven system automates and streamlines ballot production, and distribution, offering flexible options for on- demand ballot printing needs. The system includes a printer, laptop and BOD software. Purpose -built software Automated ballot management Standard print commands low- i t mom Multi- purpose paper trays - - Light weight and r t small footprint FEATURES AND BENEFITS • Removes the risk of ballot shortages • Ensures the correct ballot style for every voter • Eliminates ballot picking and pulling • Reduces staffing needs for ballot processing and inventory • Eliminates the need to organize and store mass quantities of printed ballots • No Election Day delays for ballot deliveries Multi- purpose paper trays • Enables efficient printing of two -sided ballots • Support ballot lengths up to 19- inches Proprietary software • Overprint/overlay capabilities. BOD software can overprint special text or images onto a completed PDF to meet each jurisdiction's unique needs. System integration • Integrates with voter registration systems, providing an easy -to -use interface Specifications H x W x D: 15.3" x 17.2" x 23.8" Weight: 68 Ibs Tray capacity: 530 sheets per tray Pages per minute: 34 ppm (color) / 36 ppm (B &W) Page length supported: 11 ",14 ",17 ",19" Prints: single and double -sided Power consumption: 600 watts (typical) / 1300 watts (max) Normal outlet Life expectancy (8.5" x 11" single -side pages): Toner cartridge: 11,000 pages Drum: 20,000 pages Copyright ® 2016 Election Systems & Software, LLC. All rights reserved All images Copyright ® 2014 - 2019 Election Systems & Software, LI C. Board of Commissioners - December 16, 2019 ITEM: 3 - 2 - 5 BALLOT PRINTING Draft Our Ballot on Demand solution enables election staff to print the exact number of ballots needed for each precinct of any allowable ballot style based on voter turnout. This increases efficiency and reduces cost and waste. When integrated with VR workstations or electronic pollbooks, the system will automatically accept individual ballot requests and print the proper ballot for each request. This eliminates the need to pre - print, store and inventory ballots at polling locations, and ensures the correct ballot is printed for each voter. BALLOT SECURITY ww■a■■u■r■■u■ � r C>. O- •— O- � w O— O— O- •- ■ ww■a ■ru■■■rrrr Encryption. Hash Validation and Digital Signatures All ballot PDFs stored on the system for printing are encrypted and can only be printed via the BOD software on the BOD printer. Should unauthorized data somehow be introduced into the system, a user would not be able to associate this data or edit the pre - defined job without logging in as an administrator. Audit Logs The BOD Print Service software generates an audit log of all system activities, including system access by administrators. Once an operator is logged into the system, the BOD will report on all printing activity by that operator. The audit log is timestamped, and each individual activity is identified by the administrator login name. System Application Controls The BOD system is hardened, including onlythe services, applications, utilities and settings required to successfully operate the print service program and print ballots. System functions are executable during election events, in the manner and order intended by election officials performing their duties. Physical and System Access Controls �^ The Ballot on Demand laptop and printer can be secured in a lockable case and the laptop is secured with a pressure- sensitive, tamper - evident seal. These physical locks and seals are a first line of defense and minimize the effect of any unauthorized access. The operating software provides security access controls to limit and detect access to critical system components, guarding against system integrity loss and availability. Access codes are required for system access during equipment preparation, testing and operation. These safeguards cannot be bypassed or deactivated during system installation or operation, maintaining the integrity of the election data and audit record. Two levels of password protection for the BOD laptop exist: Microsoft Windows login and BOD print service login. Should unauthorized data somehow be introduced into the system, a user would not be able to associate this data or edit the pre - defined job without logging in as an administrator. For more information visit www.essvote.com Board of Commissioners - December 16, 2019 ITEM: 3 - 2 - 6 Y HIGH -SPEED SCANNER & TABULATOR DS8500 THE INDUSTRY LEADING HIGH -SPEED CENTRAL SCANNER AND TABULATOR. The DS850 central scanner and tabulator is a high -speed digital ballot scanner and tabulator equipped with the latest ES &S technology to make your fob easier. The DS850 system is the fastest central scanner in the industry. Fully certified and compliant with the latest federal Voluntary Voting Systems Guidelines, the DS850 enhances the voting experience for voters and election officials. M I a � I I i d � raft SOL- r. .f' 4 . Board of Commissioners - December 16, 2019 ITEM: 3 - 2 - 7 t R KEY FEATURES & SPEED The DS850 can scan ballots of multiple sizes and handle folded and roughed -up ballots with ease. For example, the system can scan 14 -inch double -sided ballots at the rate of 300 per minute with next to ro ballot jams. The DS850 is three times faster than any other digital scanner or. the market. EASE OF USE The durable 15 -inch color torch screen and user- friendly interface walk you through every step of the process. FLEXIBILITY With three separate sorter bins, you can oetermine whether you want to set apart specific types of ballots for further review. Let the DS850 handle separating w-ite- n votes, over - votes, and blank ballots - all without missing a beat. SECURITY Safeguard your election data with the DS850's system integrity, electronic audits, data encryption, and digital signatures. Nearly 35 years of election �rdustry experience makes FS &S the vendor you can trust. F44F1JYJWC CERTIFIED CERT11FrED (I L 19 CERTIFIED rD-5850 ACCURACY ES &S' patented Intelligent Mark Recogn'stion7V (IMR) and PTRACT"^ technology ensure that ballots are read accurately ano consistently, protecting voter intent and eliminating manual adjudication time. PTRAC (Positive Target Recognition & Alignment Compensation) corrects for variations in ballot alignment and printing; allowing the digitai scanners to zero in on the marking area. IMR then digitally subtracts the out'ine of the voting target to read only tr7e voter's mark. Our competitors' opticat scanners require you to set an arbitrary pixel threshold to determire what courts as a mark. Instead, the DS850 does the work for you. To determine whicn marks were intentiona , sophisticated algorithms analyze the mark's darkness (pixel density) and directiona €ity. Unlike other scanners, the DS850 is not fooled by erasures or other stray marks. Does the election require a recount? With the DS850, you get the same consistent and accurate results every time. f .4 A NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 CONSENT DEPARTMENT: Museum PRESENTER(S): Heather Yenco, Museum Curator CONTACT(S): Heather Yenco SUBJECT: Approval of Five 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 five 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 at the Museum Advisory Board meeting of November 13, 2019. Quilt, 1970s Tea towel, 1940s World War I soldier's personal items, 1919 Baby crib and shoes, 1940; flight helmet and burial flag, 1968 Movie props, 1980s -1990s Each item offered has a special story to preserve and they help to document 300 years of the region's history. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept five donations of regional artifacts into the Cape Fear Museum's Permanent Collection. ATTACHMENTS: Acquisitions Chart COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - December 16, 2019 ITEM: 4 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 4 NHC Commissioners Acquisition Proposals December 16, 2019 Board Meeting OBJ. DATE OBJECTS PROVENANCE / MISSION 1970s -quilt This hand - stitched quilt was made by a local artist. 1940s -tea towel This tea towel was found in a house on Princess Street. o-, i4l About 1919 - Army - issued knife, These items belonged to a local solider who served durin World War I. mirror, buttons, hat tassels, handkerchief 1 Board of Commissioners - December 16, 2019 ITEM: 4 - 1 - 1 NHC Commissioners Acquisition Proposals December 16, 2019 Board Meeting and died while serving in Vietnam. 2 Board of Commissioners - December 16, 2019 ITEM: 4 - 1 - 2 NHC Commissioners Acquisition Proposals December 16, 2019 Board Meeting 1980s -1990s -movie props — clock gears, submarine hatch and pipes, space gun, signs, wooden shields, architectural models, telephone pole These items were made by local carpenter for locally - filmed movies — Hudsucker Proxy, Virus, Muppets from Space, Road to Wellville, Black Knight, The Crow. 3 Board of Commissioners - December 16, 2019 ITEM: 4 - 1 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 CONSENT DEPARTMENT: Budget PRESENTER(S): Mary Hazel Small, CFO NHCS CONTACT(S): Sheryl Kelly, Budget Officer SUBJECT: Board of Education Budget Amendment #2 for Information BRIEF SUMMARY: On November 5, 2019, the Board of Education approved Budget Amendment #2, which includes the following for fund balance appropriations and county capital appropriations: • Fund Balance Appropriation: Transfer $27,360 from desktop replacements to Voice over Internet Protocol (Vol P) to cover project costs. • County Capital Appropriation: Transfer funds totaling $35,000 from cancelled JC Roe project to seclusion rooms needed at various sites. JC Roe project cancelled based on recommendations from NHCS Maintenance that, upon further investigation, planned asbestos abatement at JC Roe not required. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Budget amendment presented for information. NCGS 115C -433 requires approval by the Board of County Commissioners for transfers between capital projects only if the funds are appropriated by project. The current budget ordinance does not appropriate funds by project for New Hanover County Schools. ATTACHMENTS: NCHS Budget Amendment #2 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Presented for information, no action is required. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 5 Capital Outlay November 5, 2019 Cumulative Budget Summary: IBudget Resolution I Amendment #2 I Revised Budget Autpase Fwnc't an. Instructional services: Regular Instruction $ $ $ _ 1,123,500 46,362,194 _ $ Special Populations Other Revenues - - State Sources Transfer from Other Funds Total Revenue Alternative Programs 4,705,108 - $ _ School Leadership _ Co- Curricular School -Based Support - subtotal System -wide support services: Support and Development $ $ $ $ Special Population Support and Development - - Alternative Program Support and Development - Technology Support 3,539,798 1,108,122 3,539,798 1,108,122 _ Operational Support Financial and Human Resources - - Accountability System -Wide Pupil Support _ Policy, Leadership and Public Relations subtotal - - $ 4,647,920 $ $ 4,647,920 Ancillary: Community Services $ - $ $ _ Nutrition Services subtotal $ - $ $ _ Capital Outlay: Capital Outlay $ 47,542,882 $ - $ 47,542,882 Non - programmed charges: Payments to Other Governments $ - $ $ - Unbudgeted & Indirect Cost Transfer to Other Funds _ Scholarships subtotal _ $ - $ - $ - Total Appropriation $ 52,190,802 1 $ - $ 52,190,802 Revenue Source: Federal Sources Food Sales $ _ $ $ _ 1,123,500 46,362,194 _ - 1,123,500 46,362,194 Fund Balance Appropriation New Hanover County Other Revenues - - State Sources Transfer from Other Funds Total Revenue 4,705,10$ 4,705,108 - $ - $ 52,190,802 $ 52,190,802 Explanation: To transfer project funds as follows: 1) Cancelled JC Roe project totaling $35,000 based on recommendation from Maintenance that upon further investigation, asbestos abatement not required Repurposed project funds for Seclusion rooms needed at various sites, 2) Transfer $27,360 from Desktop Replacements to VOIP to cover project costs Board of Commissioners - December 16, 2019 ITEM: 5 - 1 - 1 Capital Outlay Project Summary Budget by Funding Source and Project #: Funding Source) Project Budget Revised Project # Program Project Description (Mufti -Year) Current Budget Amendment #2 Budget " Projects with Multiple Funding Sources (See chart below) PSBCF - Lottery Revenue: 917016 076 Bellamy & Murray Traffic Improvements 80,034 42,030 42,030 918818 076 Bellamy - DatalVoice Cabling 114,000 27,072 27,072 918918 076 SeaTech School Design 400,000 76,752 76,752 9189 19 076 SeaTech - Phase II* 1,415,200 634,174 634,174 9189.20 076 SeaTech - Phase III' 1,213,900 1,213,900 1,213,900 9190 18 076 Eaton & Codington - Ethernet Cabling 239,000 145,216 145,216 9205 19 075 Painting - Various Locations 216,000 216,000 216,000 9207 19 076 Sunset Par} - Ceiling Tile Repl - Design 25,500 25,500 25,500 9208.19 076 NHHS - Geo West Underground Cabling 35,640 35,640 35,640 9209.19 076 Electrical Upgrades - Various - Design 18,000 18,000 18,000 9210 19 075 Lighting Upgrades - Various 58,000 106,379 106,379 9211,19 076 Wrigtsboro- Heat Pump Repl 52,500 290,602 290,602 921219 076 Veterans Park - Boiler Repl - Design 110,000 40,215 40,215 9213.19 076 Alderman HVAC Replacement - Phase 1 265,000 118,229 118,229 9216.20 076 Laney Cooling Tower 585,000 585,000 585,000 9220.20 076 MEAC Upgrades` 86,100 86,100 86,100 4,913,874 3,660,808 3,660,808 DPI School Bus Revenue: 6550,00 120 School Bus Leases (DPI) 2,635,379 1,044,300 1,044,300 County Capital Appropriation: 5110,19 816 Classroom Furnture 227,200 221,383 221,383 5400.19 816 School Office Furniture 11,300 11,300 11,300 6401.23 816 Laptop Replacements* 1,280,190 1,280,190 1,280,190 6401.26 816 VoIP 190,000 6,228 6,228 6401.27 816 Desktop Replacements' 491,100 231,681 231,681 6401.28 816 Server Replacements 290,000 83,100 83,100 6401.32 816 Classroom Projection Devices 660,000 660,000 660,000 658019 816 Maintenance Equipment 15,000 10,722 10,722 9158,17 816 Sidbury Road Complex 598,341 11,345 11,345 9184.18 816 Howe Window Replacement 350,000 60,833 60,833 9189,19 816 Phase II SeaTech Renovations* 103,318 103,318 103,316 919618 816 Prek Updgrades for Mosley 100,000 3,622 3,622 920119 816 Parking Lot Impr @ Johnson 3,452 68,274 68,274 9206,19 816 Hurricane Florence Repairs* 901,200 901,200 901,200 918920 816 SeaTech - Phase III * 300,000 300,000 300,000 919920 815 NHHS Field House Sealing 84,000 84,000 84,000 920020 816 Johnson Window /Door Replacement 455,000 455,000 455,000 920120 816 CN Electrical Upgrades 68,000 68,000 68,000 9202.20 816 JC Roe Building Repairs (project cancelled) - 35,000 (35,000) - 9202.20 816 Seclusion Rooms at various sites 35,000 - 35,000 35,000 9204.20 816 Winter Park Playground Equipment 50,000 50,000 50,000 9205,20 816 Painting of Pine Valley and Williston 75,000 75,000 75,000 9214.20 816 Mobile Replacement at Bellamy 160,000 160,000 160,000 9215.20 816 Mobile Unit Lease 115,100 115,100 115,100 9218.20 816 Playground Equipment Replacement 234,000 234,000 234,000 9220.20 816 MEAC Upgrades* 113,900 113,900 113,900 6,911,101 5,343,196 5,343,196 Board of Commissioners - December 16, 2019 ITEM: 5 - 1 - 2 Capital Outlay Project Summary Budget by Funding Source and Project #: Funding Source! Project Budget Revised Project # Program Project Description (Multi -Year) Current Budget Amendment #2 Budget County Interiocal Sales Tax Refund (Bond Related): 640127 817 Desktop Replacements* 208,200 208,200 208,200 9181 19 817 Access Control System Upgrades 365,000 365,000 365,000 9189,19 817 Phase II SeaTech Renovations* 33,442 33,442 33,442 9206 19 817 Hurricane Florence Repairs* 204,000 107,077 107,077 9215.20 817 Mobile Unit Lease 44,900 44,900 44,900 9219.20 817 Innovative Classroom at Bradley Creek 100,000 100,000 100,000 955,542 858,619 858,619 Fund Balance Appropriation? 6401.23 818 Laptop Replacements' 90,000 90,000 90,000 6401.24 818 ]pad Replacements 158,000 158,000 158,000 6401.26 818 VoIP - Phase 11 217,360 190,000 27,360 217,360 6401.27 818 Desktop Replacements' 223,440 250,800 (27,360) 223,440 6401.29 818 Laptop Carts 83,100 83,100 83,100 6401 30 818 LCD Monitor Replacements 30,000 30,000 30,000 6401.31 818 Firewall and Management System 268,500 268,500 268,500 655030 818 Vehicle Replacement 53,100 53,100 53,100 1,123, 500 1,123, 500 1,123,500 2014 Bond Program: 9001.01 900 Northeast ES 15,844,699 1,274,090 1,274,090 900203 900 College Park ES Rplmt 15,841,381 697,344 697,344 900305 900 Blair ES Rplmt 17,463,583 632,396 632,396 900406 900 Laney HS Addns & Renovns 13,056,886 - - 9005 08 900 Hoggard HS Addns & Renovns 16,736,979 79,830 79,830 9006.09 900 New Hanover HS Renovns 5,578,996 50,000 50,000 9007,10 900 Roland Guise MS Renovns 11,929,885 2,931,011 2,931,011 900811 900 Noble MS Renovns 7,906,664 6,163,493 6,163,493 9009.12 900 Trask MS Renovns 9,953,100 9,065,856 9,065,856 9010,13 900 Myrtle Grove MS Renovns 9,807,903 1,507,797 1,507,797 9011,14 900 Wrightsville Beach ES Addns & Renovns 9,637,682 8,305,137 8,305,137 9012,07 900 Technology - Network Infrastructure 5,690,014 2,182,751 2,182,751 9013.07 900 Technology - Security Cameras 3,402,276 1,666,307 1,666,307 9014.07 900 Technology - VoIP Core Infrastr /Equip 469,279 - - 9015:04 900 Sunset Park Roof Rplmt 205,251 - 9017,04 900 Trask Roof Rplmt 1,808,970 1,808,970 1,808,970 9018,04 900 Laney Roof Rplmt 363,873 - 9019 04 900 Johnson Roof Rplmt 6,272 9020.04 900 Hoggard HS Roof Rplmt 499,722 902204 900 Pine Valley Roof Rplmt 305,470 - - 9027 04 900 Veterans Park Roof Coating 876,276 116,458 116,458 902804 900 Noble AbmtlCarpet Rplmt 274,907 - - 9029.04 900 Hoggard AbmtlCarpet Rplmt 681,750 189,810 189,810 9030.04 900 Laney AbmtlCarpt Rplmt 516,208 22,370 22,370 903404 900 Codington HVAC Imprmts 215,722 - - 9035.04 900 Eaton HVAC Imprmts 171,462 9036.04 900 Veterans Park HVAC Imprmts 366,320 - 9037.04 900 New Hanover HVAC Imprmts 267,051 9038 -04 900 Bradley Creek HVAC Imprmts 1,317,916 9039.04 900 Johnson HVAC Imprmts 1,309,440 - - 9040 04 900 HVAC & Controls Imprmts at Var Schools 1,509,314 424,851 424,851 9041.15 900 Program Management 3,106,796 1,918,732 1,918,732 9042.16 900 Contingency 1,000,000 700,001 700,001 Board of Commissioners - December 16, 2019 ITEM: 5 - 1 - 3 Capital Outlay Project Summary 1,280,190 6401 23 816 Budget by Funding Source and Project #: 6401 23 818 Fund Balance Appropriation Funding Source/ Project Budget 231,681 Revised Project # Program Project Description (Multi -Year) Current Budget Amendment #2 Budget 9043.04 900 Carolina Beach Roof Rpimt 162,156 - Fund Balance Appropriation 904404 900 Roland Grise Roof Rplmt 91,774 91,774 91,774 9045.04 900 Gregory Roof Rpimt 358,744 - - 9046.04 900 NHHS Roof Rpimt 961,137 29,059 29,059 9047 -17 900 Moving Modular Unit to Murray 303,142 302,342 302,342 076 160,000,000 40,160,379 40,160,379 County Appropriation 176,539,396 901,200 920619 52,190,802 52,190,802 Summary of Projects with Multiple Funding Sources: Project Name Project# Program Project Budget Funding Source (Multi -Year) Current Budget Amendment #2 Revised Budget Laptop Replacements 1,280,190 6401 23 816 County Appropriation 6401 23 818 Fund Balance Appropriation Desktop Replacements 491,100 231,681 640127 816 County Appropriation 6401 27 817 County Interlocal Sales Tax 6401.27 818 Fund Balance Appropriation SeaTech - Phase 11 1,415,200 634,174 9189.19 076 Lottery 9189 19 816 County Appropriation 9189 19 817 County Interlocal Sales Tax SeaTech - Phase III 1,213,900 1,213,900 918920 076 Lottery 9189.20 816 County Appropriation Hurricane Florence Repairs 901,200 920619 816 County Appropriation 9206 19 817 County Interlocal Sales Tax Mobile Unit Lease 1,008,277 115,100 921520 816 County Appropriation 9215.20 817 County Interlocal Sales Tax MEAC Upgrades 160,000 86,100 9220.20 076 Lottery 922020 816 County Appropriation 1,280,190 1,280,190 1,280,190 90,000 90,000 90,000 1,370,190 1,370,190 1,370,190 491,100 231,681 231,681 208,200 208,200 208,200 223,440 250,800 (27,360) 223,440 922,740 690,681 (27,360) 663,321 1,415,200 634,174 634,174 103,318 103,318 103,318 33,442 33,442 33,442 1,551,960 770,934 770,934 1,213,900 1,213,900 1,213,900 300,000 300,000 300,000 1,513,900 1,513,900 1,513,900 901,200 901,200 901,200 204,000 107,077 107,077 1,105,200 1,00,277 1,008,277 115,100 115,100 115,100 44,900 44,900 44,900 160,000 160,000 160,000 86,100 86,100 86,100 113,900 113,900 113,900 200,000 200,000 200,000 Board of Commissior3ers - December 16, 2019 ITEM: 5 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 CONSENT DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2020: Health 20 -035, 20 -036 Juvenile Crime Prevention Council 20 -040 Library 20 -017 NCSU Extension Service 20 -019 Senior Resource Center 20 -022 Sheriff's Office 20 -023, 20 -024, 20 -025, 20 -026, 20 -027, 20 -028, 20 -029, 20 -030, 20 -032, 20 -033 Various 20 -038 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: BA 20 -035, 20 -036 BA 20 -040 BA 20 -017 BA 20 -019 BA 20 -022 BA 20 -023, 024, 025, 026, 027, 028, 029, 030, 032, 033 BA 20 -038 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - December 16, 2019 ITEM: 6 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 6 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. 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: Public Health Expenditure: Decrease Increase Total BA 20 -035 WIC Program $ 8,774 $ 8,774 BA 20 -036 Prepare for Success (PREP) Program $ (96,367) $ (96,367) Total $ (96,367) $ 8,774 $ (87,593) Revenue: Decrease Increase Total BA 20 -035 WIC Program $ 8,774 $ 8,774 BA 20 -036 Pre are for Success (PREP) Program $ (96,367) $ (96,367) Total $ (96,367) $ 8,774 1 $ (87,593) Prior to Actions Today Departmental Budget $ 15,267,46L Total if Actions Taken Fs-15,179,875 Section 2: Explanation BA 20 -035 budgets additional federal funds received from the North Carolina Department of Health & Human Services ( NCDHHS) Women's Health Branch to assist in efforts to provide nutrition education, promote increased program participation and encourage participant retention in the Women, Infants and Children (WIC) program. Specifically, these funds will be utilized to support client services and breastfeeding initiatives. Examples in these areas include nutrition outreach in two New Hanover County schools as well as additional breastfeeding chairs for nursing mothers at the Public Health clinic. Funds will also be used for other operational expenses related to daily WIC functions. Due to requirements of federal and state funding, the additional allocation must be used to supplement current county programs and cannot be used to supplant General Fund Appropriations. No county match is required and no new positions are being requested. BA 20 -036 reduces budgeted federal funds from the NCDHHS Women's Health Branch for the Prepare for Success (PREP) program. This program has been terminated as of October 2019. This amendment removes budgeted revenue and expenditures associated with this program and will more accurately reflect the department's activities and funding for the remainder of FY2020. No county match is associated with this reduction and no positions are affected. Board of Commissioners - December 16, 2019 ITEM: 6 - 1 - 1 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) 20 -035 & 20 -036 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 6 - 1 - 2 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Maintain strong financial reserves Fund: General Department: Juvenile Crime Prevention Council Expenditure: Decrease Increase Total BA 20 -040 JCPC Administration $ 1,363 $ 1,363 BA 20 -040 Teen Court $ 23,224 $ 23,224 BA 20 -040 Systematic Train for Effect Parenting $ 5,145 $ 5,145 Total I $ - $ 29,732 1 $ 29,732 Revenue: Decrease Increase Total BA 20 -040 Add'1 Expansion Funds $ 29,732 $ 29,732 Total $ - $ 29,732 1 $ 29,732 Prior to Actions Total if Actions Today Taken Grant Program Budget Is 433,344 $ 463,076 Section 2: Explanation BA 20 -040 accepts expansion funds received that will be used to expand currently funded programs as a result of Raise the Age legislation that became law on December 11 2019. Expansion funds do not require an in -kind or cash match. Currently funded programs meet the Juvenile Crime Prevention Council priorities. NOTE: $41,128 was also received for Community Justice Services Youth Empowerment Services. This is a separate item on the Regular Agenda that will be presented. 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) 20 -040 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 6 - 2 - 1 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. 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: Library Expenditure: Decrease Increase Total BA 20 -017 Library $ 25,000 $ 25,000 Total $ - $ 25,000 1 $ 25,000 Revenue: Decrease Increase Total BA 20 -017 Contribution $ 25,000 $ 25,000 Total $ - $ 25,000 $ 25,000 Prior to Actions Total if Actions Today Taken Departmental Budget $ 4,971,431 $ 4,996,431 Section 2: Explanation BA 20 -017 budgets $25,000 in contributions from the Marion Evelyn McCartney Revocable Trust to the New Hanover County Library. These funds will be used to purchase items during the current fiscal year to provide services to older patrons with low vision and other impairments. 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) 20 -017 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 6 - 3 - 1 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. 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: NCSU Extension Service Expenditure: Decrease Increase Total BA 20 -019 NCSU Extension Service $ 6,206 $ 6,206 Total $ - $ 6,206 $ 6,206 Revenue: Decrease Increase Total BA 20 -019 Ability Garden $ 6,206 $ 6,206 Total $ - Is 6,206 $ 6,206 Prior to Actions Total if Actions Today Taken Departmental Budget Is 496,601 $ 502,807 Section 2: Explanation BA 20 -019 budgets $6,206 in contributions from the Ability Garden to assist in providing a Cooperative Extension Agent Therapeutic Horticulture position to lead the efforts of the 20- year -old Ability Garden program at the New Hanover County Arboretum. This program is a successful model of therapeutic horticulture for an urban area serving over 1,800 people with disabilities annually. Currently, the Ability Graden is served by a casual part-time position at 19 hours per week funded by the county. These funds will now be applied to support the cost of the Cooperative Extension Agent position, and North Carolina State University (NCSU) will also provide funding for the position. In total, NCSU will contribute 50 percent of the position cost, the county's contribution will be 34 percent, and the Ability Garden will contribute 16 percent. The Cooperative Extension Agent will be a position of NCSU. In the case of reduced funding by either NCSU or the Ability Garden, this position would revert back to a casual part-time position of the county. There would be no additional financial commitment for the county in this move. 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) 20 -019 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 6 - 4 - 1 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. 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: Senior Resource Center Expenditure: Decrease Increase 11 Total BA 20 -022 Senior Resource Center 1 $ 5,000 $ 5,000 Total $ - 1 $ 5,000 I $ 5,000 Revenue: Decrease I Increase 11 Total BA 20 -022 Grant Revenue I $ 5,00011$ 5,000 Total $ - 1 $ 5,000 $ 5,000 Prior to Actions Total if Actions Today Taken Departmental Budget $ 4,477,63LJ F$ 4,482,637 Section 2: Explanation BA 20 -022 accepts a grant award in the amount of $5,000 from a donor that wishes to remain anonymous. The Senior Resource Center was chosen to receive this grant based on its history of ongoing efforts to improve the well -being of the citizens of New Hanover County. The grant will be used to support the non - emergency medical transportation program and will provide approximately 340 additional transportation trips for New Hanover County older adults accessing medical appointments. 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) 20 -022 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 6 - 5 - 1 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2019 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, 2020. 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: Sheriffs Office Expenditure: Decrease Increase Total BA 20 -026 Salaries & Fringe $ 27,500 $ 27,500 BA 20 -026 Supplies $ 10,000 $ 10,000 BA 20 -026 Training & Travel $ 3,200 $ 3,200 BA 20 -027 Salaries & Fringe $ 56,000 $ 56,000 BA 20 -027 Contracted Services $ 5,500 $ 5,500 BA 20 -027 Supplies $ 8,500 $ 8,500 BA 20 -027 Training & Travel $ 13,000 $ 13,000 BA 20 -028 Contracted Services $ 10,211 $ 10,211 BA 20 -028 Supplies 1 $ - $ 36,680 $ 36,680 BA 20 -028 Grant Match $ (11,723) $ - $ (11,723) BA 20 -029 Supplies $ 1,985 $ 1,985 BA 20 -030 Capital Outlay - Building $ 30,000 $ 30,000 BA 20 -030 Capital Outlay -Other Improvements $ 9,140 $ 9,140 BA 20 -032 Overtime $ 17,202 $ 17,202 BA 20 -033 Supplies $ 10,000 $ 10,000 BA 20 -033 Training & Travel $ 10,000 $ 10,000 Total $ (11,723) $ 248,918 $ 237,195 Revenue: Decrease Increase Total BA 20 -026 2019 Governor's Highway Safe $ 40,700 $ 40,700 BA 20 -027 2020 Governor's Highway Safety $ 83,000 $ 83,000 BA 20 -028 2019 Port Security Grant $ 35,168 $ 35,168 BA 20 -029 2018 SCAAP Grant $ 1,985 $ 1,985 BA 20 -030 Animal Services Escrow $ 39,140 $ 39,140 BA 20 -032 Miscellaneous Revenue $ 17,202 $ 17,202 BA 20 -033 2020 Governor's Highway Safety $ 20,000 $ 20,000 Total 1 $ - 1 $ 237,195 $ 237,195 Prior to Actions Todav Departmental Budget $ 54,850,066 Board of Commissioners - December 16, 2019 ITEM: 6 - 6 - 1 Total if Actions Taken $ 55,087,261 Section 2: Explanation BA 20 -026 will transfer remaining funds from the 2019 Governor's Highway Safety Program grant from the city to the Sheriffs Office. These funds will support a portion of a Lab Technician and a Forensic Chemist position in the Forensic Unit from July 1, 2019 to September 30, 2019. Both positions were included in the FYI 9-20 adopted budget, and, therefore, no new positions are being requested at this time. BA 20 -027 budgets salary and fringe of a Lab Technician position for the period of October 1, 2019 to September 30, 2020, to be funded through the 2020 Governor's Highway Safety Program. This position was included in the FYI 9-20 adopted budget, and, therefore, no new position is being requested at this time. Also funded are miscellaneous supplies, equipment, and training & travel. BA 20 -028 budgets K9 equipment, and training and dive equipment specific to maritime response and tactical operations, all funded through the Port Security Grant Program. A grant match of $11,723 is required and is included in the current budget. BA 20 -029 budgets the State Criminal Alien Assistance program ( SCAAP) grant in the amount of $1,985 from the Bureau of Justice Assistance. The Bureau of Justice Assistance administers the SCAAP grant in conjunction with the Bureau of Immigration & Customs Enforcement, Citizenship and Immigration Services, and the Department of Homeland Security. The SCAAP grant provides federal payments to state and localities for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions, for violations of state and local law, and are incarcerated for at least four consecutive days during the report period. BA 20 -030 budgets funds from the Animal Services Unit escrow account for the construction of a cat adoption area and replacement of two garage doors. BA 20 -032 budgets overtime reimbursement from the FBI and US Marshall's Service from July to September 2019. BA 20 -033 budgets the 2020 Governor's Highway Safety Law Enforcement Liaison grant to purchase four radar units and training for the "Booze It & Lose It" and "Click it or Ticket" programs. These programs assist in gathering statistics and coordinating initiatives. 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) 20 -026, 20 -027, 20 -028, 20 -029, 20- 030, 20 -032, & 20 -033 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 6 - 6 - 2 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage to the budget Fund: Capital Improvement Projects Department: Senior Resource Center and Parks & Gardens Expenditure: Decrease Increase Total BA 20 -038 Bond Service Charges BA 20 -038 Senior Resource Center $ 45,462 $ 45,462 Total $ - $ 45,462 $ 45,462 Revenue: Decrease Increase Total BA 20 -038 Senior Resource Center I $ 49,10411 $ 49,104 $ 19,112 $ 19,112 BA 20 -038 Echo Farms Purchase $ - $ 26,350 $ 26,350 Total $ - $ 45,462 1 $ 45,462 Capital Project Fund Budget Fund: Juvenile Justice Facility Department: Finance Prior to Actions Toda $ 16,006,1441 Total if Actions Taken $ 16,051,606 Expenditure: Decrease Increase Total BA 20 -038 Bond Service Charges I $ 49,10411 $ 49,104 I S 161,944 11 $ 161,944 Total $ - I $ 161,944 1 S 161,944 Revenue: Decrease Increase 11 Total BA 20 -038 Juvenile Justice Building I $ 49,10411 $ 49,104 $ 161,944 $ 161,944 Total $ - $ 161,944 S 161,944 Capital Project Fund Budget Fund: General Department: Finance Prior to Actions Toda $ 16,894,912 Total if Actions Taken $ 17,056,856 Expenditure: Decrease Increase Total BA 20 -038 Bond Service Charges I $ 49,10411 $ 49,104 Total $ - I $ 49,104 1 $ 49,104 Revenue: Decrease I Increase 11 Total BA 20 -038 General Fund 1 $ 49,10411 49,104 Total $ - 1 $ 49,104 1 $ 49,104 Prior to Actions Toda General Fund Budget $ 308,996,3 Board of Commissioners - December 16, 2019 ITEM: 6 - 7 - 1 Total if Actions Taken $ 309,045,450 Fund: Fire Services ilanartmant• Fir. Carvirae Expenditure: Decrease Increase Total BA 20 -038 Bond Service Charges BA 20 -038 Fire Services S 6,560 $ 6,560 Total $ $ 6,560 $ 6,560 Revenue: Decrease Increase 11 Total BA 20 -038 Fire Services $ 17,732 $ 17,732 $ 6,560 $ 6,560 Total $ $ 6,560 $ 6,560 Prior to Actions Today Fire Services Fund Budget $ 16,600,673 Fund: Environmental Management n.nartm.nt• F-irnnm.ntal M...Q.m.nt Total if Actions Taken $ 16,607 233 Ex enditure: Decrease Increase 11 Total BA 20 -038 Bond Service Charges BA 20 -038 Environmental Management $ 17,732 $ 17,732 Total $ $ 17,732 $ 17,732 Revenue: Decrease Increase 11 Total BA 20 -038 Environmental Management $ 144,698 $ 144,698 $ 17,732 $ 17,732 Total $ $ 17,732 $ 17,732 Env Mgmt Fund Budget Fund: Airport Expansion nennrtment- Finance Prior to Actions Todav $ 24,380,790 Total if Actions Taken $ 24,398,522 Expenditure: Decrease Increase 11 Total BA 20 -038 Bond Service Charges $ 144,698 $ 144,698 S 144,698 $ 144,698 Total $ $ 144,698 $ 144,698 Revenue: Decrease Increase 11 Total BA 20 -038 Airport $ 144,698 $ 144,698 Total $ - $ 144,698 $ 144,698 Project Budget Fund: 160M School Bond Denartment! Finance Prior to Actions Todav $ 20,000,000 Total if Actions Taken $ 20,144,698 Expenditure: Decrease I Increase 11 Total BA 20 -038 Bond Service Charges I S 461,572 $ 461,572 Total $ $ 461,572 $ 461,572 Revenue: Decrease Increase Total BA 20 -038 Premium on Long Term Debt $ 461,572 $ 461,572 Total $ - $ 461,572 $ 461,572 Prior to Actions Toda Capital Project Fund Budget $ 165,313,300 Board of Commissioners - December 16, 2019 ITEM: 6 - 7 - 2 Total if Actions Taken $ 165,774,872 Section 2: Explanation BA 20 -038 is required to appropriate funds to pay for necessary issuance costs related to the 2020 Limited Obligation Bonds and General Obligation Bonds. This budget amendment also appropriates funds that were paid to issue 2015, 2017 and 2018 General Obligation Bonds. Bond proceeds are used to pay these costs and as such no fund balance appropriation is required. Issuance cost includes, but is not limited to, outside counsel, financial advisor, underwriters discount, rating agency fees, local government commissioner fees, etc. 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) 20 -038 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 6 - 7 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 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. 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. 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 - December 16, 2019 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 REGULAR DEPARTMENT: Community Justice Services PRESENTER(S): Chris Preston, Community Justice Services Director CONTACT(S): Chris Preston and Kathy Stoute, Assistant County Manager SUBJECT: Consideration of Juvenile Crime Prevention Council (JCPC) Full -Time Grant - Funded Position Via Raise the Age Expansion Funding BRIEF SUMMARY: On December 1, 2019 North Carolina implemented "Raise the Age" increasing juvenile jurisdiction to include 16- and 17- year -olds for criminal offenses, excluding class A -E felonies. According to the County Data Book published by the N.C. Department of Public Safety there were 4,917 youth, ages 16 -17, in New Hanover County (NHC) in 2018. To meet this increased service need in a safe, effective and efficient manner, N.C. released additional community program funds throughout all 100 counties with NHC receiving $70,860 for FY 19/20 and $114,426 for FY 20/21. One of the JCPC- approved funding requests was for a full -time Community Service and Restitution (CSR) program assistant positionthat we expect will be funded by JCPC State dollars year over year on an ongoing basis. The position isspecifically aimed at serving the increased number of older youth entering the juvenile justice system as a result of Raise the Age legislation. The additional grant funding would be used to expand the Community Service and Restitution's targeted interventions aimed at holding individuals accountable for their actions while also addressing underlying risk and needs factors to prevent additional court involvement and minimize collateral economic impacts associated with recidivism. The interventions include a NACo recognized and ICMA- awarded 8 -week Job Skills Development Program, linkage to vocational training, individualized service and aftercare planning, along with a multitude of service opportunities throughout the community at local churches, county partners and nonprofit organizations. Two other funding requests were recommended by JCPC to receive expansion funding: • Clinical services contract with a Licensed Clinical Addiction Specialist (10 hours per week) • 30 hours of continuing education credits for 3 clinical staff STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Allow for the addition of a full -time CSR Program Assistant Position to be fully grant- funded via JCPC Board of Commissioners - December 16, 2019 ITEM: 8 expansion dollars and adopt the ordinance for budget amendment 20 -034. ATTACHMENTS: Budget Amendment 20 -034 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 8 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. 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: Community Justice Services (CJS) Expenditure: Decrease Increase Total BA 20 -034 Clinical Services Contract $ 15,600 $ 15,600 BA 20 -034 Salary & Benefits $ 21,793 $ 21,793 BA 20 -034 Clinical Services Training $ 3,735 $ 3,735 Total $ - $ 41,128 $ 41,128 Revenue: Decrease Increase Total BA 20 -034 Add'1 Expansion Funds for CJS $ 41,128 $ 41,128 Total $ - $ 41,12811$ 41,128 Prior to Actions Today Departmental Budget $ 2,161,426 Total if Actions Taken $ 2,202,554 Section 2: Explanation BA 20 -034 budgets additional funds for Community Justice Services Youth Empowerment Services. These funds were received from the state Juvenile Crime Prevention Council expansion grant, which relates to Raise the Age legislation taking effect on December 1, 2019. The funding will be used for: a contract for clinical services with a Licensed Clinical Addictions Specialist to serve older, higher risk youth in need of substance abuse treatment; salary and benefits for one FTE Community Service & Restitution program assistant to serve older youth with a focus on job skills development and vocational training; and clinical services training for an additional 30 continuing education hours for three clinical staff. Funding is for the last six months of the current fiscal year. 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) 20 -034 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Board of Commissioners - December 16, 2019 ITEM: 8 - 1 - 1 Adopted, this 16th day of December, 2019. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 8 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 REGULAR DEPARTMENT: Strategy PRESENTER(S): Anna McRay, Emergency Management Assistant Director CONTACT(S): Anna Mc Ray and Eliza Baldwin, Strategy Analyst SUBJECT: Consideration of a Budget Amendment to Accept a INC Division of Emergency Management Hazard Mitigation 404 Buyout /407 Demolition Grant Award BRIEF SUMMARY: The Office of Strategy, FEMA (Federal Emergency Management Agency) and the NC Division of Emergency Management have developed a project scope utilizing 404 Buyout /407 Demolition HMGP (Hazard Mitigation Grant Program) and PA (Public Assistance) grant funding in the amount of $2,494,590. The project scope includes the acquisition and demolition of eleven (11) residential structures located in the Special Flood Hazard Area and deemed substantially damaged during Hurricane Florence. The deeds to the properties will be transferred to New Hanover County with the restrictions imposed for the sites to remain as open space in perpetuity. The county will perform all maintenance on the parcels as required. No county match is required. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinance for BA20 -037 to accept funds. ATTACHMENTS: BA 20 -037 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 9 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Understand / act on citizen needs Fund: General Department: Office of Strategy Expenditure: Decrease Increase 11 Total BA 20 -037 Grant Expenditures $ 2,494,590 11 $ 2,494,590 Total $ - $ 2,494,590 $ 2,494,590 Revenue: Decrease Increase Total BA 20 -037 404/407 PA Grant $ 283,990 $ 283,990 BA 20 -037 404/407 HMGP Grant $ 2,210,600 $ 2,210,600 Total $ - $ 2,494,590 $ 2,494,590 Prior to Actions Total if Actions Todav Taken Department Budget $ 2,505,371 $ 4,999,961 Section 2: Explanation BA 20- 037 -the Office of Strategy, FEMA (Federal Emergency Management Agency) and the NC Division of Emergency Management have developed a project scope utilizing 404 Buyout/407 Demolition HMGP (Hazard Mitigation Grant Program) and PA (Public Assistance) grant funding in the amount of $2,494,590. The project scope includes the acquisition and demolition of 11 residential structures located in the Special Flood Hazard Area and deemed substantially damaged during Hurricane Florence. The deeds to the properties will be transferred to New Hanover County with the restrictions imposed for the sites to remain as open space in perpetuity. The county will perform all maintenance on the parcels as required. 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) 20 -037 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 REGULAR DEPARTMENT: Engineering PRESENTER(S): Jim lannucci, County Engineer CONTACT(S): Jim lannucci SUBJECT: Consideration of Sediment and Erosion Control Ordinance Revisions BRIEF SUMMARY: The New Hanover County Engineering Department manages the Sediment and Erosion Control Program for the unincorporated county and the City of Wilmington. This is a locally delegated program that periodically receives ordinance updates from the Sediment and Erosion Control Commission. Please refer to the attached email for the background regarding the proposed updates. Note that the ordinance contains calendar days and working days per the sections provided by the State. We will continue with process improvement to include standardizing days in the ordinance and make our recommendations to the State. Preliminary work has already been done with Planning and Land Use to include the Sediment and Erosion Control Ordinance in the Unified Development Ordinance (UDO). The proposed changes were reviewed by Legal and the Strategy Department. The attached document utilizes tracked changes to show the proposed revisions to the current ordinance with color coding to demonstrate where the proposed changes originated. Muni -code corrections are in blue. State additions /corrections are in red. Staff used purple for updates and green where recommended revisions were placed in multiple sections of the ordinance to increase the ease of use for our users. The majority of the changes were to update language or to make grammatical corrections. Technical or Administrative changes and Operation changes are listed below for further clarification. Technical or Administrative Changes to the Ordinance: • Excludes Saturday, Sunday and Federal and State holidays from working days unless work is taking place in Section 23 -233 on page 7. • The Ordinance no longer applies to certain horticultural activities and activities to restore wetland functions of converted wetlands in Section 23- 234(b)1 and Section 23- 234(6) on page 7 & 8. • Requires plan approval to be kept on -site in Section 23- 236(d) and Section 23- 248(b) on pages 9 & 17. Already a practice in the county. • Removes buffer requirements from Section 23- 237(1)a, Section 23- 237(c), Section 23- 237(d) and Section 23- 237(e) on page 10. This is a positive change. • Alters the angle of slopes and fill, and the timeframes for stabilization in Section 23- 237(2) and Section 23- 237(4) on page 10 & 11. • Includes intent to protect stream banks and channels downstream from land- disturbing activity in Board of Commissioners - December 16, 2019 ITEM: 10 Section 23 -239 on page 12. This is already the intent of our efforts. • Includes upgrading or replacing receiving structures or watercourses if increased flow is the result of a land- disturbing activity in Section 239(c)5 on page 13. This will be limited to on -site efforts and not require off -site improvements. • Includes the fee schedule in Section 23- 247(c) on pages 16 & 17. • Requires written owner's consent if the applicant is not the landowner unless the work is within an easement in Section 23- 248(c) & Section 23- 248(d) on page 18. Work within an approved easement may include utility work by Duke Energy, CFPUA, etc. • Adds Effective Date in Section 23 -254 Page 26. Operational Changes to the Ordinance: • Includes a common plan of development in determining acreage in Section 23 -233, Section 23- 235(d) and Section 23- 247(x)3 on pages 4, 8 & 16. This has been the interpretation of the State for several years, however the definition was never added to the ordinance. Determines when an acre is exceeded and a permit must be obtained. • Defines acceptable fill material in Section 23- 237(3) on page 11. The Ordinance has not previously contained a definition of what constitutes acceptable fill material. • Defines how a notice of civil penalty assessment is served in Sections 23 -245 and Section 23- 251(2) on pages 15 & 25. A notice shall be served upon a person by any means authorized under G.S. 1A -1 Rule 4 that covers notice of service of process. The Ordinance previously just stated that the notification shall be submitted in writing by county engineering and receipted by the owner or agent responsible. • Requires Plans to include a schedule for inspections and documentation after each phase of construction in Section 23 -248 (i) and (o) on pages 21— 23. The inspections are to be performed by the permit holder after each major phase of construction. This is common practice for those individuals doing the land disturbing activities, this section documents that this practice be written into the plans. • Provides for transfer of a plan without consent of the plan owner, in certain circumstances such as death or dissolution of partnerships in Section 23- 248(k) on page 20. This adjustment allows for projects to be continued by a new owner in the event the previous owner is no longer available. • Caps Civil Penalties for first time offenders if damages have been abated within 180 days of the notice in Section 23- 251(a)1 on page 25. Addition was made to limit fines for first time offenders if the issue has been promptly corrected. • Allows an assessment to be contested by filing a remission request in Section 23- 251(a)2 on page 25. This change allows a permit holder to contest the assessment of a civil penalty to the Sedimentation Control Commission. • Direct civil penalty collections to the Civil Penalty & Forfeiture Fund in Section 23- 251(a)4 on page 26. Funds collected still go to the schools but on a statewide basis. These changes will not affect the way in which we manage the program. Staff will continue to work with permit holders and the general public to assist with compliance and protect our natural resources. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - December 16, 2019 ITEM: 10 RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the updates and direct staff to incorporate the changes into the ordinance. ATTACHMENTS: Draft ordinance with track changes Email from NC DEQ with recommended changes COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 10 New Hanover County SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE Board of Commissioners - December 16, 2019 ITEM: 10-1 -1 Article VI. — Erosion and Sedimentation Control Table of Contents Page Number Sec. 23 -231 Title 3 Sec.23 -232 Purpose 3 Sec 23 -233 Definitions 3 -7 Sec. 23 -234 Scope and Exclusions 7 -8 Sec. 23 -235 General Requirement 8 -9 Sec. 23 -236 Basic Control Objectives 9 Sec. 23 -237 Mandatory Standards for Land Disturbing Activity 10 -11 Sec. 23 -238 Design and Performance Standards 11 -12 Sec. 23 -239 Storm Water Outlet Protection 12 -14 Sec. 23 -240 Borrow and Waste Areas 14 Sec. 23 -241 Access and Haul Roads 14 Sec. 23 -242 Operation in Lakes, Natural Watercourses 14 Sec. 23 -243 Responsibility for Maintenance 14 Sec. 23 -243.5 Restoration of Areas Affected by Failure to Comply 15 Sec. 23 -244 Additional Measures 15 Sec. 23 -245 Areas Not Otherwise Covered 15 Sec. 23 -246 Existing Uncovered Area 15 -16 Sec. 23 -247 Permits 16 -17 Sec. 23 -248 Erosion and Sedimentation Control Plans 17 -23 Sec. 23 -249 Plan Review Appeals 23 Sec. 23 -250 Inspections and Investigations 23 -24 Sec. 23 -251 Penalties 24 -26 Sec. 23 -252 Injunctive Relief 26 Sec. 23 -253 Severability 26 Sec. 23 -254 Effective Date 26 Sec. 23 -255 — 23 -280 Reserved 27 Board of CommisskR -,ers - December 16, 2019 ITEM: 10- 1 - 2 ARTICLE VI. EROSION AND SEDIMENTATION CONTROL AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND SEDIMENTATION. Left out of Muni -code *State law reference: Sedimentation Pollution Control Act of 1973, G.S. 113A -50 et seq.; authority to adopt ordinances to establish and enforce erosion and sediment control program, G.S. 113A -60 - G.S. 113A - 66 et seq.: Left out of Muni -code Section 23 -231 Title This mil€ Ordinance may be cited as the "New Hanover County Soil Erosion and Sedimentation Control Ordinance." STATE (Code 1978, § 7 -1) Section 23 -232 Purposes This awe Ordinance is adopted for the purpose of: STATE (1) Regulating certain land- disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and STATE (2) Establishing procedures through which these purposes can be fulfilled. (Code 1978, § 7 -2) Section 23 -233 Definitions The following words, terms, and phrases, as used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: STATE Accelerated erosion means any increase over the rate of natural erosion as a result of land- disturbing activity. Act means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. Adequate erosion control measures, structure, or device means one which controls the soil material within the land area under responsible control of the person conducting the land- disturbing activity. STATE Affiliate has the sa...- as in 17 Code of Feder-a! Regulations 2 4 0.12 (b) 2 (1 dune - 1993 Edition), whieh defines "affiliate" as means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. STATE Board of CommQbners - December 16, 2019 ITEM: 10- 1 - 3 Being conducted means a land- disturbing activity has been initiated and permanent stabilization of the site has not been completed. STATE Borrow means fill material which is required for on -site construction and is obtained from other locations. Buffer zone means the strip of land adjacent to a lake or natural watercourse. Coastal Counties means the following Counties: Beaufort, Bertie, Brunswick, Camden; Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell and Washington. STATE Commission means the North Carolina Sedimentation Control Commission. Common Plan of Development means a contiguous area where multiple separate and distinct land- disturbing activities may be taking place at different times and on different schedules under one common plan. The "Common Plan" of development or sale indicates construction activities are planned to occur on a specific plot regardless of ownership of the parcels. Added to Section 23 -235 (d) /STATE Suggestion Completion of construction or development means that no further land- disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. STATE Department means the North Carolina Department of Environmental, Quality 14ealth, and Natural Resources. STATE Director means the Director of the Division of Energy, Mineral, and Land Resources of the N.C. Department of Environmental 14ealth, Quality and Natural Resources. STATE Discharge point means that point at which storm water runoff leaves a tract of land. District means the New Hanover County Soil and Water Conservation District created pursuant to Chapter 139, North Carolina General Statutes. Energy dissipater means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. Erosion means the wearing away of land surfaces by the action of wind, water, gravity, or any combination thereof. STATE Ground cover means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. High quality water means those classified as such in 15A NCAC 2B.0101(e)(5) - General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. 150B- 14(c). STATE Board of Commissioners - December 16, 2019 ITEN4.,T -0- 1 - 4 High quality water (HQW) zones means, areas in the Coastal Counties, that are within 575 feet of High Quality Waters; and for the remainder of the State, areas that are within one mile and draining to HQW's. STATE Lake or natural watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. Land - disturbing activity means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. STATE Local government means any County, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act. STATE Natural erosion means the wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man. STATE Parent has the saFae as in 17 Code of Federal Regulations s24 0.12 (b) 2 (1 june 1993 Edition), d-fines " means an affiliate that directly, or indirectly through one or more intermediaries, controls another person. STATE Person means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. STATE Person conducting land - disturbing activity means any person who may be held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act or any order adopted pursuant to this Ordinance or the Act. STATE Person responsible for the violation as used in this ar-tie e and G.S. 1 3 ° 65 means: STATE (1) The developer or other person who has or holds himself out as having financial or operational control over the land- disturbing activity; or (2) The landowner or person in possession or control of the land when that has directly or indirectly allowed the land- disturbing activity, or has benefited from it or h€ ha-s failed to comply with a duty imposed by any provision of this Biel€ Ordinance, the Act, or any order adopted pursuant to this ar-tiele Ordinance or the Act aces a duty upon him. STATE Phase of grading means one of two types of grading: rough or fine. STATE Plan means an erosion and sedimentation control plan. Sediment means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Board of Commissi ers - December 16, 2019 ITE9: 10- 1 - 5 Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land- disturbing activity or into a lake or natural watercourse. STATE Siltation means sediment resulting from accelerated erosion which is able to settle settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land- disturbing activity; and which has been deposited, or is in suspension in water. STATE Storm drainage facilities means the system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stet- -xFaw`=atef storm water through and from a given drainage area. STATE Storm water runoff means the three* ,-uneff surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. STATE Subsidiary has the sa. --ing as in 17 Code of Feder-a! Regulations 240.12(b) 2(1 june 19 93 Edition), whieh defines subsickafy" as means an affiliate that is, directly or indirectly through one or more intermediaries, controlled by another person. STATE Ten -year storm means the sur€aee storm water runoff resulting from a rainfall precipitation of an intensity expected to be equaled or exceeded; on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff, from for the watershed of interest under average antecedent wetness conditions. STATE Tract means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. Twenty-five-year storm means the sui=faee storm water runoff resulting from a rainfall precipitation of an intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff, from for the watershed of interest under average antecedent wetness conditions. STATE Uncovered means the removal of ground cover from, on, or above the soil surface. Undertaken means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land. Velocity means the average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. Waste means surplus materials resulting from on -site eenst uetier land- disturbing activities and being disposed of at other locations. STATE Board of Commissi ers - December 16, 2019 ITEM�0- 1 - 6 Working days means days exclusive of Saturday and Sunday and Federal and State holidays unless work is being conducted on these holidays, during which weather conditions or soil conditions permit land- disturbing activity to be undertaken. (Code 1978, § 7 -3; Ord. of 12/6/1999) STATE Suggested for Inclusion Section 23 -234 Scope and exclusions (a) This e Ordinance shall apply to land- disturbing activities undertaken by an }person, within the following °° s; territorial jurisdiction of New Hanover County and to the extraterritorial jurisdiction of New Hanover County as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law. STATE (b) Notwithstanding the general applicability of this Ordinance to all land- disturbing activity, this Ordinance shall not apply to the following types of land- disturbing activity: STATE (1) Activities, including the production and activities relating or incidental to the production of crops, grains, fruits vegetables, ornamental and flowering plants, diary, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: STATE (i) forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; b- (ii) dairy animals and dairy products; E (iii) poultry and poultry products; (iv) livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules or and goats, including the breeding and grazing of any or all such animals; (v) bees and apiary products; (vi) fur producing animals; (vii) mulch, ornamental plants, and other horticultural projects. For purposes of this section, "mulch," means substances composed primarily of plant remains or mixtures of such substances. STATE (2) These An activity undertaken on forestland for the production and harvesting of timber and timber products and whieh conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality (Best Management Practices) as adopted by the North Carolina Department of Agriculture and Consumer Services. If land- disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this ar-tiele Ordinance shall apply to such activity and any related land- disturbing activity on the tract. STATE Board of Commissi ers - December 16, 2019 ITEM: 1 - 7 {_} (3) An activity under-taken by per-sons as defined in G.S. 113 52(8) who are other-wise r-egulated by the provisions of for which a permit is required under the Mining Act of 1971 ; Article 7 of Chapter 74 of the General Statutes; STATE R (4) A land- disturbing activity over which the State has exclusive regulatory jurisdiction as and provided in G.S. 113A- 56(a); STATE {4} (5) For- the duration of an ^+Mtie , An activity which is essential to protect human life during an emergency; a+14 STATE {-S} (6) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigations to offset impacts permitted under Section 404 of the Clean Water Act and; STATE (7) Activities undertaken pursuant to National Resources Conservation Service Standards to restore the wetland functions of a converted wetland defined in Title 7 Code of Federal Regulation Sec. 12.2. STATE (Code 1978, § 74; Ord. of 12 -6 -1999) Section 23 -235 General requirements (a) Plan approval required. No person shall initiate undertake any land- disturbing activity subject to this Ordinance which uncovers more than one acre, without first having an erosion control Plan approved by the County. No land- disturbing activity may be initiated until the County is notified of the date that the land- disturbing activity will begin. STATE (b) Protection of property. Persons conducting land- disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. STATE (c) More restrictive rules shall apply. Whenever conflicts exist between Federal, State, or local laws, Ordinances, or rules, the more restrictive provision shall apply. (d) Plan Approval Exceptions. Notwithstanding the general requirement to obtain a Plan approval prior to undertaking land- disturbing activity, a Plan approval shall not be required for land- disturbing activity, that does not exceed 43,560 square feet in surface area and is not considered a part of a common plan of development. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. Included from Sec. 23- 247(a)3) /STATE - ey (e)Building permits. No building permit, unless excluded by section 23 -247 shall be issued without an erosion control sign -off pursuant to G.S. 153A -357 and 160A -417 as amended. H (fl Inspections. Any and all applicable intermediate inspections may be held in any trade (building, mechanical, electric, and /or plumbing) if any land- disturbing activity, on a tract, including single family residences, is found not to be in compliance with any part of this awe Ordinance. STATE Board of Commissioners - December 16, 2019 ITEM: 10- 1 - 8 (4 (g) Building finals. Building finals and /or certificates of occupancy may not be issued if any land- disturbing activity, including single - family residences, is found not to be in compliance with any part of this ^,� Ordinance. STATE (Code 1978, § 7 -5; Ord of 12 -6 -1999) State law references - Local erosion control program, GS 113A -60 et seq. Section 23 -236 Basic control objectives (a) An erosion and sedimentation control Plan may be disapproved pursuant to Section 23 -248 if the Plan fails to address the following control objectives: STATE (1) Identify critical areas. On -site areas which are subject to severe erosion and off -site areas, which are especially vulnerable to damage from erosion and /or sedimentation are to be identified and receive special attention. STATE (2) Limit time of exposure. All land- disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time. STATE (3) Limit exposed area. All land- disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. STATE (4) Control surface water. Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. (5) Control sedimentation. All land- disturbing activity is to be planned and conducted so as to prevent off -site sedimentation damage. STATE (6) Manage storm water runoff. When the increase in the velocity of storm water runoff resulting from a land- disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, Plans are to include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. Plans are to include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. STATE (b) (0 Preconstruction conferences are optional. You should notify the county when the initial erosion control measures are installed. (c) No person may initiate a land- disturbing activity before notifying the County of the date that land- disturbing activity will begin. Added from Sec. 23 -235 (a) /STATE (d) A Plan approval issued under this Ordinance shall be prominently displayed until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. A copy of the approved Plan shall be kept on file at the job site. STATE (Code 1978, § 7 -6: Ord 12 -6 -1999) -9- Section 23 -237 Mandatory`i11d.1�1dW' f' ." dDpfiffblih jWtivity No land- disturbing activity subject to the control of this ar-tieleOrdinance shall be undertaken except in accordance with the following mandatory standards: STATE (1) Buffer Zone (a) No land- disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25% per-eerrt of the buffer zone r nearest the land- disturbing activity. Waters that have been elassifie as t-eut dirt- r-banee would be minimal. This subdivision shall not apply to a land - disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. STATE (b) Unless otherwise provided, the width of a buffer zone is measured horizontally from the edge of the water to the nearest edge of the disturbed area, with the 25% per-eent of the strip nearer nearest the land- disturbing activity containing natural or artificial means of confining visible siltation. STATE rs jaeent to designated trout waters shall be me sured her-izenta4y fFem the top of the bank. STATI by subseetien (!)(a) of this seetion, land disturbing aetivities in the buffer- ze adjaeent to designated tr-eut waters shall be hFaited to a mwdmum of 10 per-eent of the total length of the buffer- zone within the tr-aet to be disti4buted sueh that there is not mor-e than .. distur-banee ... linear- feet of buffer zone. Larger- areas may be disturbed with the written approval of the Pir-eetef (e) No leaad distui=bing aetivity shall be under-taken within a buffer- zone adjaeent to designated tr-eut water-s that will ea-use adverse- temperature Glassifieatio and c +,,,.,,a,,rds" in trout waters. STATE (2) Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle from zero to nineteen degrees, Leh that can be retained by vegetative cover or other adequate erosion control devices or structures. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical restraints. In any event, slopes left exposed wi14 shall, within -10- Board of Commissioners - December 16, 2019 ITEM: 10- 1 - 10 ee'en��ays, whir is sher-ter-, 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. STATE (3) Fill material. Unless a permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. STATE R(4) Ground cover. Whenever land- disturbing activity is under -taker on ^ tr-a cee i in -that -will disturb more than one acre, if more th ^ ° is d , ths undertaken on a tract, the person conducting the land- disturbing activity shall install such sedimentation and erosion control devices and practices as that are sufficient to retain the sediment generated by the land- disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 23- 238(b)(5) of this Ordinance, provisions for a ground cover sufficient to restrain erosion must be accomplished within 39-15 working days or 440 90 calendar days following completion of construction or development whichever period is shorter. STATE {4}(5) Prior plan approval. No person shall initiate any land- disturbing activity on traet if that will disturb more than one acre is to be „^ever° „' on a tract unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control Plan for the activity must be has been both filed with and approved by the County. The land- disturbing activity shall be conducted in accordance with the approved Plan once the Plan has been approved. (Code 1978, § 7 -7 Ord. of 12 -6 -1999) STATE Section 23 -238 Design and performance standards (a) Except as provided in subsection (b) (2) of this section, erosion and sedimentation control measures, structures and devices shall be se planned, designed and constructed as to provide protection from the calculated maximum peak rate of runoff from the ten -year storm. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices," or other acceptable calculation procedures. STATE (b) In High Quality Water (HQW) zones, the follow design standards shall apply: (1) Uncovered areas in HQW zones shall be limited at any time to a maximum total area of twenty (20) acres within the boundaries of the tract of 20 awes. Only the portion of the land- disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director. STATE (2) Erosion and sedimentation control measures, structures and devices within HQW zones shall be so planned, designed and constructed to provide protection from the runoff of the 25 -year storm which produces the maximum peak rate of runoff as calculated accordingg to procedures in the United States Department of Board of Commas�ipners - December 16, 2019 ffE .10 -1 -11 Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association. STATE (3) Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least 70% pereen for the 40 micron (0.04 non millimeter) size soil particle transported into the basin by the runoff of that two -year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association. STATE (4) Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than twee two horizontal to one vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. STATE (5) Ground cover sufficient to restrain erosion must be provided for any portion of a land- disturbing activity in a HQW zone within 15 working days or 60 calendar days following completion of construction or development, whichever period is shorter. (Code 1978, § 7 -8) Section 23 -239 Storm water outlet protection (a) Intent. Stream banks and channels downstream from any land- disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land- disturbing activity. STATE {a)-(b) rim• ien . Performance standards. Persons shall conduct land- disturbing activity so that the post - construction velocity of the ten -year storm runoff in the receiving watercourse to the discharge point does not exceed the greater of: STATE (1) The velocity established by the Maximum Permissible Velocities table in subsection (de) of this section; or STATE (2) The velocity of the ten -year storm runoff in the receiving watercourse prior to development. If conditions (1) or (2) of this °ubseetion Paragraph cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior -to- development" velocity by 10% per-een . STATE Board of Commis' ners - December 16, 2019 ITEV 10- 1 - 12 {-}(c) Acceptable management measures. Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The Commission-County recognizes that the management of storm water runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives, while not exhaustive, are to: STATE (1) Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious...; STATE (2) Avoid increases in storm water discharge velocities by using vegetated or roughened swales and waterways in heu place of closed drains and high - velocity paved sections.. STATE (3) Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge; These may range from simple rip - rapped sections to complex structures...; (4) Protect watercourses subject to accelerated erosion by improving cross sections and /or providing erosion - resistant lining...; and STATE (5) Upgrade or replace the receiving device structure, or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity; STATE M(d) Exceptions. This rule shall not apply where it can be demonstrated to the County that storm water discharge velocities will not create an erosion problem in the receiving watercourse. STATE fd}(e) Maximum permissible velocities. The following is a table for maximum permissible velocity for storm water discharges in feet per second (F.P.S.) and meters per second (M.P.S.): STATE Maximum Permissible Velocities Table Material F. P. S. M. P. S Fine sand (non - colloidal) 2.5 0.8 Sandy loam (non - colloidal) 2.5 0.8 Silt loam (non - colloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (non - colloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (non - colloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Course gravel (non - colloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Board of Comm iss�' ers - December 16, 2019 ITEM 10- 1 -13 Source. Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. (Code 1978, § 7 -10) Cross reference - Utilities, Ch. 56. Section 23 -240 Borrow and waste areas When the person conducting the land- disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Department's Division of solid Waste Management shall be considered as part of the land- disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land- disturbing activity is not the person obtaining the borrow and /or disposing of the waste, these areas shall be considered a separate land - disturbing activity. (Code, 1978 § 7 -10) STATE Section 23 -241 Access and haul roads Temporary access and haul roads, other than public roads, constructed or used in connection with any land- disturbing activity shall be considered a part of such activity. (Code 1978, § 7 -11) Section 23 -242 Operations in lakes, natural watercourses Land - disturbing activity in connection with construction in, on, over or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of dirt urranee disruption of the stream channel. The r-eleeation of ^ stream, Where relocation i-s of a stream forms an essential part of the proposed activity, shall be planned and emoeuted so as to r-ninimize ehanges in the stream flow ehar-aeter-isties, emeept when justifieation for- signifieant alteration to flow e1gai: ^*ei:ist e is provided the relocation shall minimize unnecessary changes in the stream flow characteristic. STATE (Code 1978, § 7 -12) Cross Reference - Waterways, Ch. 59 Section 23 -243 Responsibility for maintenance During the development of a site, the person conducting the land- disturbing activity shall install ands maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan, or any provision of this Ordinance, the Act, or any order adopted pursuant to the Ordinance or the Act. After site development, the land owner or person in possession or control of the land shall install and /or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right -of -way or easement accepted for maintenance by a governmental agency. STATE (Code 1978, § 7 -13; Ord. of 12 -6 -1999) Board of CommissiQ2[ers - December 16, 2019 ITEM: 10- 1 - 14 Section 23 -243.5 Restoration of areas affected by failure to comply The County may require a person who engaged in a land- disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A- 57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this ar-tiele Ordinance. (Code 1978, § 7 -13; Ord. of 12 -6 -1999) STATE Section 23 -244 Additional measures Whenever the County determines that significant erosion and sedimentation is occurring as a result of land- disturbing activity, despite application and maintenance of protective practices, the person conducting the land- disturbing activity will be required to and shall take additional protective action. STATE (Code 1978, § 7 -14) Section 23 -245 Areas not otherwise covered Notwithstanding previous provisions, when it is determined that severe off -site erosion and /or sedimentation has occurred as a result of any land- disturbing activity, regardless of the size of the site, and despite application and maintenance of protective practices, remedial action shall be taken within a reasonable time period after notification. Netifieation of violation shall be submitted in writing by the eounty depar-tment and r-eeeipted by the owner- or agent responsible for- the age A notice shall be served upon that person by any means authorized under G. S. 1 A -1 Rule 4. The notice shall specify a date by which the person must comply with the Ordinance or rules adopted by this Ordinance. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided by this Ordinance. STATE (Code 1978, § 7 -15) Section 23 -246 Existing uncovered area (a) All uncovered areas existing on the effective date of this Ordinance, which resulted from land- disturbing activity which exceeding one acre, are subject to continued accelerated erosion, and are causing off -site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures or devices sufficient to restrain accelerated erosion and control off -site sedimentation. STATE (b) The County wi-1 shall serve upon the landowner or other person in possession or control of the land a written notice of violation to comply with the Act, this Ordinance, a rule or order adopted or issued pursuant to the Act by the Commission or by the County. The t.;lation notice to comply shall be served by registered or- eer-tified mail-, return r-eeeipt este othe -- any means r-eaeonably ealeulat€d to give -aet" tiee provided by GS 1A- 1, Rule 4. The notice will set forth the measures needed to comply, with the Act, the Ordinance, or any rule or order issued pursuant to the Act by the Commission or by the County—.11 and will state the time within which such measures must be completed. In determining the measures required and the time Board of Commis i ners - December 16, 2019 ITE10- 1 - 15 allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. STATE (c) The County reserves the right to require preparation and approval of an erosion control Plan in any instance where erosion control measures are required. STATE (d) This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. (Code 1978, § 7 -16) Section 23 -247 Permits (a) No person shall undertake any land disturbing activity subject to this ar-tiele Ordinance without first obtaining a permit from the County, except that no permit shall be required for any land- disturbing activity: STATE (1) For the purpose of fighting fires; (2) For the stock piling of raw or processed sand, stone or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off -site damage; or (3) That does not exceed 43,560 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (Note: This exclusion from permits should allow land- disturbing activities for construction of a single - family residence on a single lot, but may not exceed one acre or be part of a common plan of development). STATE "(b) The County may establish a fee schedule for the review and approval of erosion control plans. In establishing the fee schedule, the County shall consider the administrative and personnel cost incurred by the department for reviewing the plans and for related compliance activities. STATE fb)(c) The permit fees shall be set from time to time -as eent-ained in appendix-B-. include: Over f °r aeres, additional $50.00 PeF aere. New /Muni -code Mistake Residential Muni -Code fee schedule is incorrect Review Fee: $200 (Paid at time of application, includes mini. an 214-Fev4ew)_ $200 Review fee for new projects. $200 Review fees for active projects adding new acreage. $200 Review fees for previously permitted inactive projects with modifications. Name Change: $2-GO Transfer- of Owner-ship $240 Land Disturbance Fee: $300 per acre disturbed or any increment of an acre. Due prior to Plat Recordation. Builders in a subdivision with active permits where the developer previously paid review and land disturbing fees will not owe fees. $ 15 0 per- let (Paid at +;-me of PI-At F e -datio ) nll lets 4HA si me"":'r_90h rd of Commissioners - December 16, 2019 ITE1010 -1 -16 Commercial Review fee: $200 (Paid at time of application. , ineludes initial and 2nd r° ° ) Subsequent Reviews: $200 ° e (For- eaeh review .,f+ 2+14-Feview� Modifications: $" Transfer of Ownership $299 Land Disturbance Fee: $400 per- acres disturbed (Paid at t;,.,.,° of Geri f;eate of n,.,.,,.,.,,- ey) $300 per acre disturbed or any increment of an acre. Due prior to issuance of Certificate of Occupancy. Other Review Fee: $200 (Paid at the time of application, inel des mitt^ ' and 2nd ). Subsequent Reviews $200 ° ,.i., (For- eaeh review after- 21+4-review] _ Modifications: $2-00 Narne Change: $2-00 Transfer- of Owner-ship $200 Land Disturbance Fee: $300 per acre or increment of an acre. Due prior to issuance of the land disturbing permit. (d) Permits will expire one year from the date of issue if no construction activity begins on site. If activity ceases on a permitted site for a period of 12 months, the permit will expire. (Code 1978, § 7 -17) Ord. of 12 -6 -1999 Section 23 -248 Erosion and sedimentation control plans (a) An erosion control Plan shall be prepared for all land- disturbing activities subject to this ai=tiele Ordinance whenever the proposed activity is to be- under-taken on „ +,-aet will disturb more than one acre on a tract , if mai=e than one a�s -to be uneaveFed. The Plan shall be filed with the County Engineering Department, the New Hanover Soil and Water Conservation District, and for areas outside municipal corporate limits, the County Planning Department, at least 30 days prior to the commencement of the proposed activity. STATE (b) Persons conducting land- disturbing activity on a tract which covers more than one or- more acree shall file three copies of the erosion control Plan with the County at least 30 days prior to beginning such activity and shall keep another copy of the approved Plan and a posted copy of the permit a t the job rtranee, on the job site before eanstFuetien begins. prominently displayed onsite until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. After approving the Plan, if the County either upon review of such Plan or on inspection of the job site, determines that a significant risk of accelerated erosion or offsite sedimentation exists, the County will require a revised Plan. Pending the preparation of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. STATE (c) Erosion control Plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land- disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principle place of business of the person financially responsible, and of the owner of the land, Board of Commissipr�ers - December 16, 2019 ITEM: 10- 1 - 17 or- rand any registered agents. If the person financially responsible is not a resident of the state North Carolina, a state North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the Plan, the Act, this ate€ Ordinance, or rules or orders adopted or issued pursuant to this awe Ordinance. Except as provided in subsection (d) and (k) of this section, if the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control Plan must include the owner's written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land- disturbing activity. STATE (d) If the applicant is not the owner of the land to be disturbed and the anticipated land- disturbing activity involves the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, the draft erosion and sedimentation control Plan may be submitted without the written consent of the owner of the land, so long as the owner of the land had been provided prior notice of the project. STATE {E4(e) The New Hanover Soil and Water Conservation District and the County Planning Department within 20 days of receipt of any Plan, o within sueh sue ^dditione time as may be pr- eser -ibe d by 4h-t— shall review such Plan and submit its comments and recommendations to the County Engineering Department. Failure of the Soil and Water Conservation District and the County Planning Department to submit its comments and recommendations within 20 days or within the prescribed additional time will not delay final action on the Plan. STATE {e)(fl The County will review each complete Plan submitted to them and within 30 days of receipt. The person submitting the Plan will be notified that it has been approved, approved with modifications, approved with performance reservations, or disapproved. The County shall condition approval of an erosion control plan upon the applicant's compliance with Federal and State Water Quality laws, regulations, and rules. The County shall also disapprove an erosion control plan if implementation of the Plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation control Plan within 30 days of receipt shall be deemed approval. Disapproval of an erosion control Plan or a revised erosion control Plan must specifically state in writing the reasons for disapproval. The County must approve, approve with modifications, or disapprove a revised Plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land - disturbing activity pursuant to an approved Plan, the County determines that the Plan is inadequate to meet the requirements of this awe Ordinance, either upon review of such Plan or inspection of the job site determines that a significant risk of accelerated erosion or offsite sedimentation exist, the County rxay shall require any a revision revised Plan ' to comply with this ar-tiele Ordinance. Pending the preparation of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. Included from Sec 23 -248 (b)/STATE fq(g) Any plan submitted for a land- disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G. S. 113A -1 et seq.) shall be deemed incomplete until a complete environmental document is R13 Board of Commissioners - December 16, 2019 ITEM: 10- 1 - 18 available for review. The County shall promptly notify the person submitting the Plan that the 30 -day time limit for review of the Plan pursuant to subsection H(fl of this section shall not begin until a complete environmental document is available for review. STATE (h) The County shall approve a Plan upon determining that it complies with all applicable State and local regulations for erosion and sedimentation control. The County shall condition approval of Plans upon the applicant's compliance with the Federal and State water quality laws, regulations and rules. Approval assumes the applicant's compliance with the Federal and State water quality laws regulations, and rules. Included from Sec. 23 -248 (e) /STATE W(i) The Plan required by this section shall contain architectural and or engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this ar-tiele Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for Plan preparation may be obtained from the County, on request. The Plan shall contain a schedule for inspections after each phase has been completed. (GS. 1 13-A-54 1) STATE NO) The county may disapprove an erosion and sedimentation control Plan may be thin°»,- °t, °a or disapprove a transfer of a Plan under subsection (k) of this section upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: STATE (1) is conducting or has conducted land- disturbing activity without an approved Plan, or has received notice of violation of a Plan previously approved by the Commission or a local government pursuant to the Aet this Article and has not complied with the notice within the time specified in the notice; STATE (2) has failed to pay a civil penalty assessed pursuant to the aet Article or a local Ordinance adopted pursuant to the Ae this Article by the time the payment is due; STATE (3) has been convicted of a misdemeanor pursuant to G.S. 113A -64(b) or any criminal provision of a local Ordinance adopted pursuant to the Ae t this Article (7 2 1 {B)) or; (4) has failed to substantially comply with State rules or local Ordinances and regulations adopted pursuant to the Aet this Article. STATE For purposes of this subsection 0) an applicant's record or the proposed transferee's record may be considered for only two (2) years prior to the application date. STATE In the event that an erosion and sedimentation control Plan or transfer of a Plan is disapproved by the county pursuant to th}s subsection, 0) of this section, the County shall notify the Director of the Division of Energy, Mineral, and Land Resources of such disapproval within 10 days of the disapproval. The County shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the Plan was disapproved. Notwithstanding the provisions of Section 23- 249(a), the applicant may appeal the local government's disapproval of the Plan directly to the Commission. Left out of Muni - code /Required STATE Board of Commis I ITEM" 10- 1 - 19 (k) The County administering an erosion and sedimentation control program may transfer an erosion and sedimentation control Plan approved pursuant to this section without the consent of the Plan holder to a successor -owner of the property on which the permitted activity is occurring or will occur as provided in this subsection. (1) The County may transfer a Plan if all of the following conditions are met: (a) The successor -owner of the property submits to the local government a written request for the transfer of the Plan and an authorized statement of financial responsibility and ownership. (b) The County finds all of the following: (1) The plan holder is one of the following: (i) A natural person who is deceased. (ii) A partnership, limited liability corporation, corporation, or any other business association that has been dissolved. (iii) A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. (iv) A person who has sold the property on which the permitted activity is occurring or will occur. (2) The Plan holder shall comply with all terms and conditions of the Plan until such time as the Plan is transferred. (3) The successor -owner shall comply with all terms and conditions of the plan once the plan has been transferred. (4) Notwithstanding changes to law made after the original issuance of the Plan, the County may not impose new or different terms and conditions in the Plan without the prior express consent of the successor - owner. Nothing in this subsection shall prevent the County from requiring a revised plan pursuant to G.S. 113A -54.1 (b). STATE (1) No person may initiate a land- disturbing activity before notifying the agency that issued the Plan approval of the date that the land- disturbing activity will begin. Preconstruction meetings are optional. Included from Sec. 23 -236 (b) /STATE (4(m) Applications for amendment of an erosion control Plan in written and /or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the County, the land - disturbing activity shall not proceed except in accordance with the erosion control Plan as originally approved. STATE &n) Any person engaged in land- disturbing activity who fails to file a Plan in accordance with the Ordinance or who conducts a land disturbing activity except in accordance with provisions of an approved Plan shall be deemed in violation of this ar-tiele Ordinance. STATE Board of Commissioners - cember 16, 2019 ITEM: 10 - 1 (o) The landowner, the financially responsible party, or the landowner's or the financially responsible party's agent shall perform an inspection of the area covered by the Plan after each phase of the Plan has been completed and after establishment of temporary ground cover in accordance with G. S. 113A- 57(2). The person who performs the inspections shall maintain and make available a record of the inspection at the site of the land- disturbing activity. The record shall set out any significant deviation from the approved erosion control Plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control Plan. The inspections required by this subsection shall be in addition to inspections required by G. S. 113A -61.1 STATE Where inspections are required by Section 23 -248 (n) of this Ordinance and G.S. 113A- 54.1(e), the following apply: STATE (i) The person who performs the inspections shall make a record of the site inspection by documenting the following items: (a) all of the erosion and sedimentation control measures, practices and devices, as called for in a construction sequence consistent with the approved erosion and sedimentation control Plan, including but not limited to sedimentation control basins, sedimentation traps, sedimentation ponds, rock dams, temporary diversions, temporary slope drains, rock check dams. sediment fence or barriers, all forms of inlet protection, storm drainage facilities, energy dissipaters, and stabilization methods of open channels, that have initially been installed and do not significantly deviate (as defined in Sub -item (1) (c) of this Rule) from the locations, dimensions and relative elevations shown on the approved erosion and sedimentation Plan. Such documentation shall be accomplished by initialing and dating each measure or practice shown on a copy of the approved erosion and sedimentation control Plan or by completing, dating and signing an inspection report that lists each measure, practice or device shown on the approved erosion and sedimentation control Plan. This documentation is required only upon the initial installation of the erosion and sedimentation control measures, practices and devices as set forth by the approved erosion and sedimentation control Plan or if the measure, practices and devices are modified after initial installation; STATE (b) the completion of any phase of grading for all graded slopes and fills shown on the approved erosion and sedimentation control Plan, specifically noting the location and condition of the graded slopes and fills. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control Plan or by completing, dating and signing an inspection report; STATE (c) the location of temporary or permanent ground cover, and that the installation of the ground cover does not significantly deviate (as defined in Sub -item (i)(e) of this Rule) from the approved erosion and sedimentation control Plan. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control Plan or by completing, dating and signing an inspection report; STATE Board of Commissioners - cember 16, 2019 ITEM: 10- 1 = t (d) that maintenance and repair requirement for all temporary and permanent erosion and sedimentation control measures, practices and devices have been performed. Such documentation shall be accomplished by completing, dating and signing an inspection report (the general storm water permit monitoring form may be used to verify the maintenance and repair requirements); and STATE (e) any significant deviations from the approved erosion and sedimentation control Plan, corrective actions required to correct the deviation and completion of the corrective actions. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control Plan or by completing, dating and signing an inspection report. A significant deviation means an omission, alteration or relocation of an erosion or sedimentation control measure that prevents the measure from performing as intended STATE (ii) The documentation, whether on a copy of the approved erosion and sedimentation control Plan or an inspection report, shall include the name, address, affiliation, telephone number, and signature of the person conducting the inspection and the date of the inspection. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control Plan shall occur on a single copy of the Plan and that Plan shall be made available on the site. Any inspection reports shall also be made available on the site. STATE (iii) The inspection shall be performed during or after each of the following phases of a Plan: (a) installation of perimeter erosion and sediment control measures; (b) clearing and grubbing of existing ground cover; (c) completion of any phase of grading on slopes or fills that requires provision of temporary or permanent ground cover pursuant to G.S. 113A- 57(2); (d) completion of storm drainage facilities; (e) completion of construction or development; and (f) quarterly until the establishment of permanent ground cover sufficient to restrain erosion or until the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control Plan has been approved and the agency that approved the Plan has been notified. If the financially responsible party has conveyed ownership of control of the tract of land for which the erosion and sedimentation control Plan has been approved, the new owner or person in control shall conduct Board of Commiss'�rr�ers - December 16, 2019 ITE � 0- 1 - 22 and document inspections quarterly until the establishment of permanent ground cover sufficient to restrain erosion. STATE (Code 1978, § 7 -18; Ord. of 12 -6 -1999) Section 23 -249 Plan review appeals STATE (a) Except as provided in subsection (b) of this section, the appeal of a disapproval or approval with modifications of a Plan shall be governed by the following provisions: (1) The disapproval or modification of any proposed erosion control Plan by the County, shall entitle the person submitting the Plan or applying for the permit, to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications. STATE (2) Hearings held pursuant to this section shall be conducted by the County Engineer within ten (10) days after the date of the appeal or request for a hearing. For consistency (3) The County Engineering shall make recommendations to the New Hanover County Board of Commissioners, within ten days (10) after the date of the hearing on any erosion control Plan. For consistency/ STATE (4) The Board of Commissioners will render its final decision on any erosion eontrel Plan upon which a hearing is requested within 30 days of conducting the hearings. STATE (5) If the eoun y Board of Commissioners upholds the disapproval or modification of a proposed soil ° and sedimentation eentr-al Plan following the hearing, the person submitting the Plan shall then be entitled to appeal the eeunty Board of Commissioners decision to the State Sedimentation Control Commission as provided in G.S. 113A -61(c) and Title 15 NCAC 4B.0118 {b) (d) . STATE (b) If an erosion control Plan is disapproved pursuant to Section 23- 248(h), t4e eounty shall notify the Dir-eeter- of the Division of Land Reseur-ees of sueh disapproval within 10 days. The eounty shall advise the appheant and the Dir-eeter in writing as te the speeifie- reasons that the plan was disapproved of this Ordinance.. the applicant may appeal the County disapproval of the Plan pursuant to seetior 23 248(h) directly to the State Sedimentation Control Commission. STATE (Code 1978, § 7 -19) Section 23 -250 Inspections and investigations (a) Agents, aad officials, or other qualified persons authorized by the County, will periodically inspect the sites of land- disturbing activity to ensure compliance with the Act, this ^tee Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the=aetivity is being eendueted in aeeoi:danee A4tl, the plan and .:,hothe,- the measures required in the Plan are effective in controlling erosion and sedimentation resulting from land- disturbing activity. Notice of the right to inspect shall be included in the notification of each Plan approval. -23- STATE Board of Commissioners - December 16, 2019 ITEM: 10- 1 - 23 (b) If through i speetio it is the County determineds that a person engaged in land - disturbing activity has failed to comply with the Act, this artiele Ordinance, or rules, or orders adopted or issued pursuant to this artiele Ordinance, or has failed to comply with an approved Plan, a notice of violation shall be served upon that person by registered „ er -t f; °,a mail „ other- any means reasonably ^^'^"late'' authorized under in G. S. 1 A -1 Rule 4 to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the plan, Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period specified in the notice of violation will result in additional civil and criminal penalties for a continuing violation as provided in G.S. 113A -64 and this Ordinance. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for willfully obstructing, hampering or interfering with an authorized representative, while in the process of carrying out his official duties. If the person engaged in land- disturbing activity fails to comply within the time specified, enforcement action sheAl may be initiated. STATE (c) The County shall have power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this ar-tiele Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land- disturbing activity. No person shall refuse entry or access to any authorized representative or agent of the eoun who requests entry for purposes of inspection and who presents appropriate credentials; nor- rsl e per-son obstFuet, h e e . ter-f r° with any sueh ° °nt„tiye while in the p ° of ea- ,-ying out his „ff;eie duties. STATE (d) The County shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land- disturbing activity. (Code 1978, § 17 -20; Ord. of 12 -6 -1999) Section 23 -251 Penalties (a) Civil penalties. (1) Any person who violates any of the provisions of this ^tee Ordinance, or rules or orders adopted or issued pursuant to this e Ordinance, or order adopted or issued pursuant to this ar-tiele Ordinance, by the eemmission, or who initiates or continues a land- disturbing activity for which a^^ ° eel Plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, shall be subject to a civil penalty. The maximum civil penalty amount that the county may assess per fora violation is five thousand dollars ($5,000.00) per calendar day. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation will be notified of the violation by ^ist e or- eer-tified mail return reeeipt requested o her-any means I authorized under G. S. 1 A -1 Rule 4 to give actual notice. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time STATE -24- Board of Commissioners - December 16, 2019 ITEM: 10- 1 - 24 period will result in the assessment of a civil penalty or other enforcement action. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of the notice of violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation, and the person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land- disturbing activity for which the erosion and sedimentation control Plan is required is twenty -five thousand dollars ($25,000). STATE Suggestion (2) The County Manager or his designee shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the degree and extent of harm caused by the violation, and the cost of rectifying the damage, the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this ar-tiele Ordinance ate. The County shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. 1A- 1, Rule 4. The notice of assessment shall direct the violator to either pay the civil penalty assessment, or contest the assessment within 30 days after receipt of the notice of assessment, by filing a written demand petition for a hearing before the Board of County Commissioners, or file a request with the Sedimentation Control Commission for remission of the assessment within 60 days of receipt of the notice. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based. Notice of the assessment shall be by registered oF eer-tified mail oF othe means ably ealeulated to give served by any means authorized under G.S.1A -1, Rule 4 to give actual notice. STATE (3) Any appeals from the determination of the Board of County Commissioners must be filed with the Superior Court of the County within 30 days following the Board's issuance of its final determination. If payment is not received or equitable settlement reached within W 60 days after demand for payment is made, the matter shall be referred to the County Attorney for institution of a civil action in the name of the County in the appropriate division of the goner-a! eeur-ts of ;,,stiee for- r-eeever-y of the peneA Superior Court where the violation occurred, or the violators residence or principle place of business. A civil action must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. STATE -25- Board of Commissioners - December 16, 2019 ITEM: 10- 1 - 25 (4) The clear proceeds of civil penalties collected pursuant to this awe Ordinance shall be ^r-edited to the ge o .,4 fund of the ^ my as . twE ,-o 0 remitted to the Civil Penalty and Forfeiture Fund in accordance with G. S. 115C- 457.2. Penalties collected by the County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection cost by each County for the prior fiscal year. (In any event, the cost percentage shall not exceed twenty percent (20 %) of penalties collected). STATE (b) Criminal Penalties. Any person who knowingly or willfully violates any provision of this awe Ordinance, or rule or order adopted or issued pursuant to this awe Ordinance, or who knowingly or willfully initiates or continues a land- disturbing activity for which an erosion control Plan is required except in accordance with terms, conditions, and provisions of an approved Plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000.00) per calendar day as provided in G.S. 113A -64. STATE (Code 1978, § 7 -21; Ord. of 12 -6 -1999) Section 23 -252 Injunctive relief (a) Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this ar-tiele Ordinance or any rule or order adopted or issued pursuant to this e Ordinance, or any term, condition, or provision of an approved erosion eentr-el Plan, it may, either before or after the institution of any other action or proceeding authorized by this awe Ordinance, institute a civil action in the name of the County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of the County in which the violation is occurring or is threatened. STATE (b) Upon determination by a court that an alleged violation is occurring or is threatened, it the court shall enter sueh any order or judgment as are that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this awe Ordinance. STATE (Code 1978 § 7 -22; Ord. of 12/6/1999) Section 23 -253 Severability If any section or sections of this Ordinance is /are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect. Left out of Muni -code Section 23 -254 Effective Date STATE Section 23 -255 - 23 -280 Reserved. Board of Commis2j8ners - December 16, 2019 ITEM: 10- 1 - 26 -27- Board of Commissioners - December 16, 2019 ITEM: 10- 1 - 27 Wetherill, Beth From: Coco, Julie <julie.coco @ncdenr.gov> Sent: Tuesday, April 30, 2019 12:07 PM To: Wetherill, Beth Subject: RE: [External] RE: New Hanover County Soil and Sedimentation Control Ordinance Attachments: New Hanover County Ordinance JCedits.pdf Hi Beth, I am finished with my review of your ordinance. It looks good. A few suggestions and comments are listed below or within the attached document itself. • Several places throughout the ordinance use the word "County" or "county" to refer to the county of Hanover. There should be a consistent use of the capitalization of this word when it refers to the same county. Also, it was noted that the word "Ordinance" may be cited as the New Hanover Soil Erosion and Sedimentation Control Ordinance. You may wish to provide a similar note or sentence that "County" refers to New Hanover County (though yes, it should be obvious). • Comments have been posted within the document on pages 17,. 22, and 23. • Did you want to include an Effective Date or a placeholder for a date for Article VI? • You may wish to include a definition for a common plan of development within your definitions (Section 23- 233). You can find the state's official definition within the NCG01 Final Permit.. I like the addition of requiring credentials in Section 23 -250 (c). I will work to get that incorporated in the model ordinance! If you would like to present the revised ordinance before the state Sedimentation Control Commission, please let me know. Julie Coco, PE, CPESC State Sediment Program Engineer Department of Environmental Quality Division of Energy, Mineral & hand Resources 919 - 707 -9215 Office 512 N. Salisbury Street, 504H Raleigh, NC 27604 1612 Mail Service Center Raleigh, NC 27699 -1612 - E -7 �u.,a�,• r�rW:a.t�a �` Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Board of Commissioners - December 16, 2019 ITEM: 10- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 REGULAR DEPARTMENT: Engineering PRESENTER(S): Jim lannucci, County Engineer CONTACT(S): Jim lannucci SUBJECT: Consideration of a Resolution Creating a Stormwater Services Program BRIEF SUMMARY: For almost three years, the county had been working to elevate the level of service of stormwater conveyances that carry runoff across the county. Raftelis Financial Consultants, Inc. was retained to assist the county with investigating providing these services to properties in the unincorporated county. The Feasibility Study for providing stormwater services was completed in 2017. The Implementation Study was begun at the end of 2018 and is almost complete. A key component of the study was the input from stakeholders and the general public. Four public meetings were conducted at the Government Center on Tuesday, July 16, 2019. All meetings were open to the public, however to facilitate the interactions within similar groups the meetings were conducted separately for developers /major land owners, non - profits to include area churches, commercial property owners and then finally for the general public. Prior to the meetings, a media round table was conducted on Monday, July 15, 2019 to answer questions and get the message out regarding the upcoming meetings. We plan to conduct another media roundtable prior to the end of the year. A second round of meetings will be held in the first quarter of 2020 to provide the public with detailed information on what services will be provided. Specific examples will be provided at that time to demonstrate the level of service to be provided and the cost of the program for residential and non- residential properties. As directed, we intend to proceed with including Stormwater Services for the unincorporated county in the proposed budget for fiscal year 20/21. Providing services could then begin on July of 2020 to be accompanied by additional public announcements to inform the public. We plan to utilize contractors to complete required maintenance in the first year while we assess the status of the system and collect data on conveyances and existing drainage easements. Staff will also be managing the contracted work funded through Emergency Watershed Protection (EWP) funds to remove downed trees and sediment in our watersheds as a result of Hurricane Florence. Hazard Mitigation Grant Program funds were also requested to address the priority drainage issues in the county. Stormwater Services will become part of the existing Engineering Department and will require the addition of thirteen new positions effective July 1, 2020. The Stormwater Ordinance will need to be revised to reflect the shift in responsibility for stormwater maintenance. Staff is proposing a budget amendment to utilize up to $50,000 in funds from the drainage Capital Improvement Project (CIP) to hire an engineering firm to revise the Stormwater Ordinance. The Stormwater Ordinance will ultimately become part of the Unified Development Ordinance (UDO). Board of Commissioners - December 16, 2019 ITEM: 11 All residential properties within the unincorporated county will be assessed a flat rate fee equal to one Equivalent Residential Unit (ERU) of $5.65 per month or $67.80 per year on the tax bill. Raftelis has assisted the county with determining the amount of impervious cover of all non - residential properties within the unincorporated county. This calculation will be utilized to determine the fees for these properties based on the number of ERU's. A discount of 31% will automatically be applied to the fee of any property that operates and maintains Stormwater Control Measures installed under a New Hanover County Stormwater Permit since September 2000. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of resolution: 1. Establishing a Stormwater Services Program, as an enterprise fund, for the unincorporated area of New Hanover County effective July 1, 2020. 2. Approving the addition of 13 positions effective July 1, 2020. 3. Accepting the proposed fee structure and inclusion of the fee structure in the FY 2020 -2021 budget fee schedule. 4. Authorizing the revision of the New Hanover County Stormwater Ordinance in order to incorporate the Stormwater Services Program with adoption by the New Hanover County Board of Commissioner prior to July 1, 2020 with an effective date of July 1, 2020. Approve budget amendment to utilize drainage CIP funds to update the Stormwater Ordinance for approval in June 2020. ATTACHMENTS: Stormwater Services Resolution Stormwater Services Program and Funding Plan Budget Amendment 20 -039 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ESTABLISHMENT OF STORMWATER SERVICES PROGRAM WHEREAS, New Hanover County, through its Engineering Department, is responsible for ensuring compliance with the New Hanover County Stormwater Ordinance; and WHEREAS, the current New Hanover County Stormwater Ordinance requires property owners and /or permit holders to maintain and repair drainage pathways on their property and /or within their permitted system; and WHEREAS, the establishment of a Stormwater Services Program will provide for a comprehensive and enhanced management of the stormwater system within the unincorporated area of New Hanover County; and WHEREAS, the establishment of a Stormwater Services Program will shift certain responsibilities for the maintenance and repair of non - permitted systems that accommodate stormwater flow across the unincorporated county from individual property owners to New Hanover County. NOW, THEREFORE, BE IT RESOLVED, in support of the Stormwater Services Program, the New Hanover County Board of Commissioners authorizes the following: 1. Establishment of a Stormwater Services Program, as an enterprise fund, for the unincorporated area of New Hanover County effective July 1, 2020. 2. Addition of the following 13 positions effective July 1, 2020: Program Manager (one position) Permit Assistant (one position) Technician (eight positions) Inspector (two positions) CAD /GIS Specialist (one position) Note: Position titles are subject to change. 3. Acceptance of the proposed fee structure and inclusion of the fee structure in the FY 2020 -2021 budget fee schedule. 4. Revision of the New Hanover County Stormwater Ordinance in order to incorporate the Stormwater Services Program with adoption by the New Hanover County Board of Commissioners prior to July 1, 2020 with an effective date of July 1, 2020. ADOPTED, this the 16th day of December, 2019. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 11-1 -1 New Hanover County Stormwater Services Program and Funding Plan December 5, 2019 RAFTELIS Board of Commissioners - December 16, 2019 ITEM: 11-2 -1 Table of Contents TABLE OF CONTENTS ........................................... ..............................1 1.1. LIST OF TABLES ............................................................... ............................... 3 1.2. LIST OF FIGURES ............................................................. ............................... 3 1.3. LIST OF APPENDICES ...................................................... ............................... 3 1. EXECUTIVE SUMMARY .............................. ..............................5 2. PURPOSE .................................................... ..............................7 3. BACKGROUND ........................................... ..............................7 3.1. FEASIBILITY STUDY ......................................................... ............................... 7 3.2. IMPLEMENTATION ............................................................ ............................... 7 3.3. PUBLIC INPUT ................................................................... ............................... 7 3.4. REPORT STRUCTURE ...................................................... ............................... 8 4. PROGRAM PLAN ........................................ ..............................8 4.1. OPERATIONS AND MAINTENANCE ................................ ............................... 9 4.2. CAPITAL ............................................................................. .............................10 4.3. PROGRAM AND FEE ADMINISTRATION ...................... ............................... 11 4.4. SUMMARY .......................................................................... .............................11 5. RATE STRUCTURE .................................... .............................12 5.1. IMPERVIOUS AREA ........................................................ ............................... 12 5.2. RATE STRUCTURE ......................................................... ............................... 13 5.3. CREDITS .......................................................................... ............................... 14 6. UNITS OF SERVICE AND COSTS ............. .............................16 6.1. COSTS AND PROJECTIONS .......................................... ............................... 16 6.1.1. Inflation Rates .............................................................................. .............................16 6.1.2. Credits .......................................................................................... .............................16 6.1.3. Reserves ...................................................................................... .............................16 STORMWATER PROGRAM PLAN i Board of Commissioners - December 16, 2019 ITEM: 11-2 -2 6.1.4. Collection Rates and Growth Rates ........................................... .............................16 6.1.5. Cost Summary and Rate Calculation ......................................... .............................17 7. TECHNICAL CONSIDERATIONS .............. .............................17 7.1. BILLING ............................................................................ ............................... 17 7.2. CUSTOMER SERVICE ..................................................... ............................... 18 7.3. DATA MAINTENANCE ..................................................... ............................... 18 8. POLICY CONSIDERATIONS ...................... .............................18 8.1. DRAINAGE MAINTENANCE POLICY ............................. ............................... 18 8.2. RATE ORDINANCE .......................................................... ............................... 19 8.3. BILLING POLICIES .......................................................... ............................... 19 8.3.1. SFR Adjacent ............................................................................... .............................19 8.3.2. Multiple Residences on One Parcel ........................................... .............................19 8.3.3. Mimimum Mapping Unit .............................................................. .............................19 8.4. RESERVE POLICIES ....................................................... ............................... 19 9. SUMMARY .................................................. .............................20 2 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 3 1. i. List of Tables Table 1. Inflation Rates by Expense Category .......................................... .............................16 Table 2. Stormwater Program 5 -Year Cost Projections ............................ .............................17 Table 3. Net Billable ERUs .......................................................................... .............................17 Table 4. Calculated Stormwater Rates ....................................................... .............................17 Table 5. Drainage Maintenance Matrix ....................................................... .............................18 1.2. List of Figures Figure 1. NC College of Theology — 1111 The Cape Blvd. Wilmington, NC 28412 — 32,523 square feet of impervious area (9 ERUs) ................................................... .............................13 Figure 2. Myrtle Grove Middle School — 901 Piner Rd., Wilmington, NC 28409 — 275,096 square feet of impervious area (69 ERUs) ................................................. .............................14 Figure 3. Residential POA Stormwater SCM ............................................. .............................15 Figure 4. Non - Residential Stormwater SCM .............................................. .............................15 1.3. List of Appendices APPENDIX A: FINANCIAL PLANNING MODEL APPENDIX B: IMPLEMENTATION AND PROGRAM TIMELINE APPENDIX C: DRAINAGE MAINTENANCE POLICY APPENDIX D: CREDIT ELIGIBILITY STORMWATER PROGRAM PLAN 3 Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 4 This page intentionally left blank to facilitate two -sided printing. NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 5 1. Executive Summary In 2017 New Hanover County (County) contracted with Raftelis to complete a Stormwater Services Feasibility Study to evaluate the County's stormwater program and explore the option of funding the evolving stormwater services program through a fee. The current program is limited by funding and does not meet the County's growing stormwater management needs. Most of the stormwater management infrastructure is not mapped or cataloged and little of the system has been analyzed to identify problem spots or integrated solutions to stormwater impacts. This is especially true in areas where new development abuts older development and the infrastructure is a patchwork of private and state pipes and ditches. There is a backlog of drainage infrastructure maintenance that causes poor performance of the conveyances during heavy rains, and flooding and additional channel degradation occurs in many areas because of the current condition of the infrastructure. The County intends to elevate the level of service for stormwater maintenance to improve drainage across the County with a focus on maintaining the major drainage conveyances to ensure proper flow of stormwater across the County. Based on the results of the feasibility study, in 2018, the County decided to move forward toward establishing a stormwater services fee to fund the growing stormwater services program. The County's current approach to stormwater management is focused on coordination, regulation and compliance, and includes these activities: • Reviewing and permitting stormwater management plans associated with new development; • Monitoring stormwater conveyances outside public rights -of -way and in the unincorporated County; • Reporting and compliance activities associated with the Coastal Area Management Act (LAMA); • Coordinating stormwater management activities with private and government entities such as NCDOT; • Mapping and inventorying public and shared stormwater features and easements; and • Ensuring (through compliance actions rather than actual "on the ground" service provision) stormwater drainage /conveyance problems are corrected on private property when they impact multiple parcels. While continuing to provide these services, the expanded program will add services to begin to maintain open or closed drainage infrastructure that carries public water (runoff from more than one property or downstream from at least one public or private roadway) within easements extant or granted, and that is not in public or private street rights of way. Over time, as the County provides this "cross county drainage maintenance" service more fully, actions to require private owners to provide this type of maintenance will cease as long as the infrastructure in question fits the definition. Appendix C provides greater detail on which parts of the drainage infrastructure will qualify. In addition to taking on greater responsibility to maintain cross county infrastructure, the County will also begin to make capital investments to repair and upgrade drainage infrastructure. Initially, much of the money allocated to capital investment will be used for system mapping and condition assessment. However, even while the mapping and condition assessment is being completed, the County plans to spend some capital funds to fix problems with the drainage system. In the long run the mapping and condition data will help steer capital dollars to the highest priority investments and ensure that the drainage infrastructure functions well. The existing services related to stormwater and drainage consume a portion of the County Engineer's and an Administrative Specialist's time, as well as all of the time of the Chief Project Engineer, a CAD /GIS Specialist, and a Drainage Inspector. The annual cost of this labor is about $ 480,000, and coupled with a small amount of STORMWATER PROGRAM PLAN Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 6 ongoing funding for small capital projects (approximately $ 140,000 per year), the annualized cost of the current efforts is about $ 620,000 per year. In order to provide the planned services, the County will hire additional staff, including a program manager, a permit assistance technician, two new drainage inspectors, an additional CAD /GIS mapping technician, and eight drainage maintenance technicians who will provide on- the - ground drainage maintenance services focusing on cleaning ditches. To fund the existing services plus the expanded efforts toward drainage maintenance and capital projects, plus modest allowances for operating reserves, the annual revenue required will be about $3.9 million. Appendix A is the financial planning model and it provides great detail on this cost. By funding this revenue requirement through a stormwater fee the County can spread the program's cost most fairly, charging each developed property within the unincorporated County. Undeveloped properties would not be charged because the rate structure for the fee is to charge based on the impervious surface area (hard surfaces where rainwater cannot percolate through) found on each property. This is how Wilmington's stormwater fee works, and more than 50 other jurisdictions across North Carolina, including some counties, charge similar fees. The recommended rate structure is to charge each single family property for one "equivalent residential unit" (ERU) of impervious surface area (4,000 square feet of impervious surface area), and charge all other properties in the unincorporated county based on how many ERUs of impervious area exist on their land. The recommended rate to generate the needed revenues for the first few years of the program is $67.80 per year per ERU. So, under this approach each home would be charged $67.80 per year. A non - residential property with 20,000 square feet of impervious surface would be charged for five ERUs ($339.00 per year) since (20,000/4,000) is five. Although a rate structure based on impervious surface area is considered fair and is the state of the art for stormwater fees, there are cases where development in New Hanover County has undertaken steps to reduce runoff or drainage impacts. The recommended rate structure includes a plan to give ratepayers a 31% discount on the stormwater fee for residential and non - residential properties that have installed and maintain Stormwater Control Measures (SCMs) to fulfill development requirements or as retrofits installed to secure the fee credit. Most of these SCMs have been installed since 2000, driven by development requirements. As part of the stormwater program and fee, customers with active, compliant stormwater operations and maintenance permits for SCMs would automatically receive a 31 % reduction on their stormwater bill. If a property owner's association (POA) is the owner and permit holder for the SCM, properties that are members of the POA and that were permitted for construction as a result of the SCM would receive the fee credit. The stormwater services fee would be established by codifying a rate ordinance and the effective date for the fee to go into effect is July 1, 2020. The fee itself will be conveyed annually as a new line item on tax bills that are mailed in the late summer /early fall of 2020. In order to ensure accurate billing, impervious area and parcels will need to be regularly maintained, and annual bills would be updated as development changes occurred in the unincorporated county. 6 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 7 2. Purpose The purpose of this document is to provide documentation of the agreed upon elements of the stormwater program plan, rate structure, billing, and related details. A project close -out report with additional program documentation and details will be provided at a later date. 3. Background 3.1. Feasibility Study In 2017 New Hanover County (County) contracted with Raftelis to complete a Stormwater Services Feasibility Study to evaluate the County's stormwater program and explore the option of funding the evolving stormwater services program through a fee. As part of this study, Raftelis evaluated the County's existing stormwater services program, developed four proposed options for the County's future stormwater services program, and calculated potential fee ranges for each of the proposed options. Based on the results of the feasibility study, in 2018, the County decided to move forward with a stormwater services fee and the implementation of one of the proposed stormwater program options. The proposed stormwater services program option selected from the feasibility study would allow the County to elevate the level of stormwater service provided by the County. This elevated level of service would include additional staff as well as an expanded budget for capital projects and contract operations and maintenance and would be funded through a stormwater fee. 3.2. Implementation The County is currently in the implementation phase of the project. As part of the implementation phase of the project the stormwater services program including identification of recommended additional personnel has been finalized and documented in this report. Billing data including digitizing of impervious area for all non - vacant, non - residential properties has been completed. The cost estimates from the stormwater services program finalization and the billing data has been incorporated into a financial model in order to calculate the stormwater services fee. Documentation of the stormwater services program costs and rate calculations are provided in this document. A credit program has been developed and the impact on revenues has been incorporated into the financial model. The credit program structure and eligibility information are also provided in this document. Development of data maintenance and customer support tools is ongoing and will be completed prior to implementation. The ordinance establishing the stormwater services fee will be finalized and adopted prior to final implementation. Public outreach started in June 2019 and will continue through implementation. 3.3 • Public Input On July 16, 2019, the County held a series of four public outreach meetings. Three of the meetings targeted specific customer groups including, developers, commercial property owners, and non - profit organizations. The fourth meeting targeted residential property owners and the general public. The County made a brief presentation on the stormwater services program, the proposed expanded level of service, and the proposed stormwater services fee. In consensus among the groups was that the County's current level of service was insufficient and that an expanded level of service was needed. Many also felt that the proposed expanded level of service might be too low and that additional staff should be considered. The groups were comfortable with funding the stormwater program through a fee, especially since the City of Wilmington already has a stormwater fee, but wanted to make sure that the fee rORMWATER PROGRAM PLAN Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 8 was fair and equitable and that the level of service and associated fee were high enough to make substantial improvements to drainage in the County. 3.4• Report Structure Based on the results of the feasibility study and input from the public, a stormwater program plan was developed to document the proposed level and extent of stormwater service and capital expenditures to be provided by the County moving forward. The proposed stormwater fee would fund the stormwater program as documented in this report. The stormwater fee rate structure, billing policies, credits, and other technical considerations are also documented in this report. This report is structured as follows: • Program Plan • Rate Structure • Units of Service and Costs • Technical Considerations • Policy Considerations 4. Program Plan New Hanover County is responsible for stormwater management activities within its county boundaries, excluding the State of North Carolina Department of Transportation (NCDOT) roadways and rights -of -way, and land areas within the City of Wilmington. The existing program is limited by the funding and cannot meet the County's stormwater management needs. Many of the stormwater management systems are not mapped or cataloged and there has been very little modeling to understand stormwater impacts in most areas. This is especially true in areas where new development abuts older development. There is also a backlog of drainage and stormwater conveyance maintenance. Flooding and environmental degradation occur in many areas because of the current condition of these systems. The County intends to elevate the level of service for stormwater maintenance to improve drainage across the County with a focus on maintaining the drainage conveyance to ensure proper flow of stormwater across the County. Stormwater activities are currently funded through the General Fund at approximately $620,000 (FY2017). This allocation from the General Fund is considered part of general operations and is not separated out into different stormwater program categories like operations and maintenance, capital, and repair and replacement. Of the $620,000, approximately $140,000 per year has been used for capital projects while approximately $480,000 funds review of stormwater management plans, monitoring stormwater conveyances, regulatory reporting and compliance activities, coordinating stormwater management activities with private and governmental entities, mapping and inventorying public and shared stormwater features and easements, and ensuring that stormwater drainage /conveyance problems are corrected on both private and public property when impacting multiple parcels. Plan review fees supplement the $480,000 and cover a portion of the costs associated with the review of stormwater management plans. Because the County will be expanding the stormwater services program level of service, none of the County's existing expenses and activities will be eliminated. The small amount of funds currently spent on capital projects ($140,000) is currently funded through the General Fund and will be replaced with a larger funding amount under the County Stormwater Services Program. In order to elevate the level of service and more fully develop the County's stormwater program, additional revenue is required to fund expanded operations and maintenance, program, capital, and administration expenses. 8 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 9 4.1. Operations and Maintenance As part of the current stormwater operations and maintenance the County is responsible for the following activities: • Reviewing stormwater management plans and activities associated with new development /construction; • Monitoring stormwater conveyance in County and shared areas that are not the responsibility of the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, or other incorporated areas or NCDOT; • Regulatory reporting and compliance activities associated with the Coastal Area Management Act (CAMA); • Coordinating stormwater management activities with private and government entities such as NCDOT; • Mapping and inventorying public and shared stormwater features and easements; and • Ensuring stormwater drainage /conveyance problems are corrected on both private and public property when they impact multiple parcels. Several Full Time Equivalent (FTE) positions in New Hanover County government are engaged in stormwater activities including a portion of the County Engineer's rime, the Chief Project Engineer, a CAD /GIS Specialist, a Drainage Inspector, and a portion of an Administrative Specialist's time. The County intends to expand the level of service to maintain open or closed drainage infrastructure that carries public water (runoff from more than one property or downstream from at least one public or private roadway) within easements extant or granted, and that is not in public or private street rights of way. In order to support this expanded level of service, the County will hire the following additional staff to support the operations and maintenance portion of the program: • Program Manager • Permit assistance position • Drainage maintenance technicians (8 FTEs, to be ramped up over the first year) • Two Additional Drainage Inspectors • Additional CAD /GIS Specialist This additional staff will allow the County to have additional mapping and inventory capabilities to fully document drainage assets, better manage County permitting requirements, and maintain drainage assets and provide on -call and emergency drainage services. Additional staff will supplement the current staff and current stormwater activities including plan review will continue under the new, expanded County stormwater program. With this expanded level of service, there will be more stormwater maintenance work and small projects that will be completed to maintain the flow of stormwater across the County. The Program Manager position is an engineering position and the role of this manager is to oversee contractor maintenance and small capital project work. In addition, this person will be responsible for prioritizing projects and maintenance efforts, coordinating with contractors and inspectors, and deployment of drainage maintenance teams. The County is subject to many environmental and stormwater related regulations. The Permit Assistance position would assist contractors navigating the permitting process for capital projects as well as coordinating and working with contractors to ensure successful completion of these projects. Initially, this person will coordinate the asset rORMWATER PROGRAM PLAN Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 10 mapping and condition assessment. The results of this assessment will help to identify future capital projects. The person may also aid in customer service by replying to customer inquiries as needed. The drainage maintenance technicians would be divided into two teams of four FTEs. Having two drainage maintenance teams would allow for the County to provide more efficient service by being able to locate one team in the southern portion of the County and one team in the northern portion of the County. The hiring of these drainage maintenance teams will ramp up over the course of the first year. Additional contracted drainage maintenance services will be used during this first year to provide supplementary drainage maintenance while the drainage maintenance teams are being ramped up. The use of grant funding will allow stormwater fee revenue to be reallocated to capital projects and expanded contract maintenance and will allow the County time to ramp up staffing while still making an immediate and significant improvement in the County's drainage system. As opportunities arise, the County is committed to seeking out grant funding and other funding sources to improve drainage in the County and maximize the funds collected through the stormwater services fee. Like the drainage maintenance teams, two additional drainage inspectors would allow for more efficient delivery of service by having one inspector operate in the southern portions of the County, while the other operates in the northern portion of the County. The current inspector would continue to respond to drainage complaints and address nuisance violations. In addition, the current inspector will assist the two additional drainage inspectors with coordination and prioritization of effort as well as pass along institutional knowledge that the current inspector has gained through his years of experience with the County. This team of inspectors would allow the County to transition from the current complaint driven system to a more proactive system and address deficiencies in the Sediment and Erosion Control Program. The additional CAD /GIS Specialist would allow the County to have mapping and inventory capabilities but would also help with the administration of the stormwater fee by performing required impervious area digitizing updates and tracking of credit eligibility. Even with additional drainage maintenance teams, the County expects that some drainage maintenance will need to be completed by contractors. The contractor maintenance would supplement the drainage maintenance teams and would allow the County to complete specialty projects and projects that require additional and unique equipment. Training, equipment, building and storage space and other non -labor expenses to support operations and maintenance staff and activities are additional costs that are within the operations and maintenance category. Total Operations and Maintenance = Approximately $ 2,517,000 annually 4.2. Capital The County possesses little data about the quality, location, and condition of its drainage assets. As the County gathers more information on stormwater assets through mapping efforts, the County will be able to develop a capital improvement plan /approach for the installation and replacement /rehabilitation of major drainage assets. Once the County understands the location and condition of its drainage assets, the County will be able to take a more proactive approach to managing drainage across the County. In addition, while the mapping and condition assessment is being completed, the County expects to spend some of these funds to fix emergent problems with the drainage system. It is estimated that $600,000 per year would provide adequate funding for emergency repairs until the capital plan can be fully developed. 10 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 11 Total Capital = Approximately $600,000 annually 4.3 • Program and Fee Administration The creation of a new stormwater fee will necessitate new administration costs associated with the fee. In addition, the expanded level of service will also require some administrative costs to ensure efficient delivery of these expanded services. Some administrative tasks associated with the fee will be completed by existing and additional recommended stormwater services staff while other tasks may be delegated out to contractors. The County would like to minimize administrative overhead while still maintaining a high level of customer service. It is expected that customers service inquiries will come through the tax office and some will come through Stormwater Services or through the online portal. Depending on the nature of the inquiry, basic questions may be resolved by tax office or call center staff. For more complex questions, inquiries will be resolved by the County Engineer, Chief Project Engineer, Program Manager, and /or CAD /GIS Specialist depending on the nature of the question. Other administrative services expected to be delegated to contractors include • Data maintenance services • Easement and project planning services • Design services • Asset management planning • Uniform Development Ordinance (UDO) assistance The majority of these activities will be completed annually, but the level of effort may vary from year to year. Data maintenance services will be completed annually to ensure the accuracy of the fee. Easement and project planning services will be completed primarily to support the work of the drainage maintenance teams and contract maintenance efforts. Design services and asset management planning will support the larger scale capital projects. The County is currently updating its UDO and engineering services will be required to develop the UDO and ensure that the UDO comports with County stormwater goals and regulations. Total Program and Fee Administration = Approximately $ 585,000 annually 4.4• Summary The program plan described above including operations and maintenance, capital, and program administration would elevate the level of service provided by New Hanover County. This program would allow the County to fully meet the County's stormwater management needs and improve drainage and stormwater conveyance mamtenance. Current Personnel • County Engineer (portion of time) • Chief Project Engineer • CAD /GIS Specialist • Drainage Inspector • Administrative Specialist (portion of time) Additional Personnel • Program Manager • Permit assistance position • Drainage maintenance technicians (8 FTEs, to be ramped up over the first year) rTORMWATER PROGRAM PLAN 11 Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 12 • Two Additional Drainage Inspectors • Additional CAD /GIS Specialist Total Stormwater Services Personnel • County Engineer (portion of time) • Chief Project Engineer • Program Manager • Permit assistance position • Drainage maintenance technicians (8 FTEs, to be ramped up over the first year) • Three Drainage Inspectors • Two CAD /GIS Specialists • Administrative Specialist (portion of time) Total stormwater program costs are estimated at approximately $ 3,702,000 annually. In order to build up a reserve fund, contributions to a reserve fund are estimated at $ 275,000 annually. Total stormwater program revenue requirements are estimated at approximately $ 3,977,000 annually. See Appendix A for the Financial Planning Model. 5 Rate Structure 5.1. Impervious Area To provide a dedicated and reliable source of funding for stormwater, a stormwater fee would be charged to every developed property based on the demand it places on the stormwater system. Under a fee system, the County would charge a stormwater fee to each developed property based on the characteristics of the property that drive demand for stormwater management services. The most commonly used metric to determine stormwater fees in the industry is impervious area.' Across the Country, stormwater utilities overwhelmingly use impervious area as the basis for stormwater fees. Impervious surfaces are those covered by a hard material through which rainwater cannot pass, such as buildings and parking lots. The amount of impervious surface on a parcel is directly related to the quantity of stormwater to be handled by the drainage system. For bare soil and vegetated ground cover, some water will infiltrate into the ground —even during heavy rain — rather than run across the surface. For impervious surfaces, on the other hand, water cannot infiltrate into the ground, which causes the peak and total volume of runoff from a parcel of land to be higher than it would otherwise. Regardless of how the land is managed, runoff tends to gather nutrients and other potential pollutants. Because virtually none of this runoff (and the pollutants it carries) soaks into the ground, runoff from impervious surfaces direct a greater volume of harmful materials toward receiving waterbodies than do pervious surfaces. Because impervious surface is the driver for many program costs, the County intends to use the measured impervious area on a parcel as the foundation of the rate structure. 'Black & Veatch Management Consulting, 2018 Stormwater Utility Study. https: / /www.bv.com /sites /default /files/ 18% 20Stormwater% 2OUtility %2OSurvey %2OReport %20WEB.pdf 12 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 13 5.2. Rate Structure Many utilities implement a simplified charge or set of charges for all single family residential (SFR) customers. Single family residential land parcels are often homogenous in their development patterns, lending themselves to a simplified rate structure. They are also numerous and so it is also efficient, from an administrative viewpoint, to treat them all the same. Since it is both equitable and efficient, many utilities adopt a single flat rate for this property class. Under a flat residential rate, customers are charged the same amount regardless of size and amount of impervious area on an individual property. Typically, under this structure each SFR property is charged for 1 equivalent residential unit (ERU), the amount of impervious area on a typical SFR parcel. During the feasibility study, the typical amount of impervious area on an SFR property in the County was determined to be 4,000 square feet. Therefore, 1 ERU equals 4,000 square feet. The County will employ a flat rate for SFR properties and each would be charged for 1 ERU. Non - single family residential (NSFR) parcels are typically billed a stormwater fee based on the number of ERUs or part thereof. For example, if an NSFR property had 10,000 square feet of impervious area, instead of charging the property for 2.5 ERUs, the property would be billed for 3 ERUs. The use of an ERU of impervious surface rather than a smaller unit limits the effort and expense of data maintenance. Properties with no impervious surface are considered undeveloped and would not be billed for stormwater. In order to support this rate structure, all NSFR properties in the County were measured. Figure 1 and Figure 2 below show the measured impervious area for two NSFR properties. Figure 1. NC College of Theology — 1111 The Cape Blvd. Wilmington, NC 28412 — 32,523 square feet of impervious area (9 ERUs) rTORMWATER PROGRAM PLAN 13 Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 14 Figure 2. Myrtle Grove Middle School — 901 Piner Rd., Wilmington, NC 28409 — 275,096 square feet of impervious area (69 ERUs) 5.3• Credits Throughout the County, Stormwater Control Measures (SCMs) have been installed to fulfill development requirements, mostly since 2000. Property owners are required to operate and maintain these stormwater systems that are under a stormwater operations and maintenance permit. These SCMs play an important role in the mitigation of stormwater quantity and quality issues in the County. As part of the stormwater program and fee, a proposed credit program was developed to provide a mechanism by which customers with active, compliant stormwater operations and maintenance permits for SCMs can receive a reduction on their stormwater bill. This credit program is based on the premise that customers who implement practices, or activities that reduce their demand for stormwater should receive a reduction on their fee. Credits provide a mechanism for recognizing reduced demand in the same way that a meter automatically recognizes reduced demand. Stormwater SCMs that are properly installed and maintained results in individual parcels producing less runoff and relying less heavily on existing stormwater infrastructure. Such parcels have reduced their demand for stormwater service. In order to acknowledge this, the stormwater services will give ongoing stormwater fee credits to eligible properties. Customers with an active stormwater operations and maintenance permit for SCMs constructed after 2000 are eligible for a stormwater credit. If a property owner's association (POA) is the owner and permit holder for the SCM, properties that are members of the POA and that were permitted for construction as a result of the SCM are eligible for a stormwater credit. Customers that have an active stormwater operations and maintenance permit will be automatically enrolled in the credit program and will receive a credit on their bill. No additional application is required. Continuing receipt of credit is contingent upon the proper maintenance and function of SCMs in compliance with a permit. Figure 3 below shows a SCM owned by a POA. All members of the POA would receive 14 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 15 a credit on their bills. Figure 4 below shows a SCM owned by a non - residential customer. This individual customer would receive a credit. Figure 3. Residential POA Stormwater SCM Figure 4. Non - Residential Stormwater SCM The credit amount is calculated based on the reduction in demand for stormwater service property has as a result of the stormwater SCM. The credit amount was calculated as 31 %, meaning that each parcel that is eligible for a rTORMWATER PROGRAM PLAN 15 Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 16 credit will receive a discount of 31% off their stormwater fee. This credit amount was incorporated into the financial planning model in order to calculate the revenue impact of the credit program. 6. Units of Service and Costs 6.1. Costs and Projections In order to understand the revenue requirements and calculate rates for a stormwater fee, a financial planning model was developed. This financial planning model projects program costs for a 5 -year period taking into account inflation rates and projected growth. In addition, the financial planning model incorporates credits, reserves, and other financial and billing policies. 6.1.1.INFLATION RATES Each line item was assigned an inflation rate based on the type of expense. Table 1 below is a table of the expense types and the associated inflation rates. Table 1. Inflation Rates by Expense Category General (CPI) 3.0% Salaries 5.0% Benefits 5.0% Utilities 5.0% Capital ,� 4.0% Non - Inflated 0.0% 6.1.2.CREDITS Customers with an active stormwater operations and maintenance permit will receive a credit of 31 %. Currently there are a total of 17,072 ERUs that are expected to be eligible to receive a credit. 6.1.3. RESERVES Operating and capital reserves are set aside funds that are important for covering unexpected or unscheduled costs. The details of these funds are described below in the `Reserve Policies' section. Both of these funds will be built up over a 5 -year period. The build -up of these funds is incorporated into the revenue requirement and rate calculation. If either of the funds are drawn down, it is expected that they would be replenished. 6.1.4. COLLECTION RATES AND GROWTH RATES Collection rates and growth rates assumptions that were incorporated into the model include the following: • Collection Rate = 95% • Growth in Residential ERUs = 0% • Growth in Non - Residential ERUs = 1% • Growth in ERUs receiving credits = 1% 16 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 17 6.1.5.COST SUMMARY AND RATE CALCULATION The stormwater costs were categorized as: operations and maintenance, administration, capital, or reserves. Table 2 below is a table of the 5 -year projected costs by category. A more detailed table of costs is provided in Appendix A. Table 2. Stormwater Program 5 -Year Cost Projections q4W 11111111ff 30111IIIIIIIIIIIIff 1 1 1 1 Operations and Maintenance $ 2,323,073 $ 2,415,951 $ 2,512,776 $ 2,613,723 $ 2,718,976 Capital $ 600,000 $ 600,000 $ 600,000 $ 600,000 $ 600,000 Administration $ 550,000 $ 566,500 '� $ 583,495 $ 601,000 $ 619,030 Reserves $ 263,654 $ 269,123 $ 274,814 $ 280,736 $ 286,900 Total $3,736,726 $ 3, 851, 574 $3,971,085 $ 4, 095, 459 $4,224,906 Within the unincorporated County there are 35,277 residential ERUs and 31,064 non - residential ERUs for a total of 66,341 billable ERUs, gross, before the impact of credits is incorporated into the projection. Table 3 below is a table showing the net projected ERUs once the credit impact and growth rates are incorporated into the model. These ERU projections are used to calculate rates. Table 3. Net Billable ERUs 1 I 1 I Billable ERUs after 61,335 61,596 61,859 62,125 62,393 credits Incorporating the rate base information as well as the collection rate and credit impact. Table 4 below shows the annual calculated rate per ERU over a 5 -year period: Table 4. Calculated Stormwater Rates Rate per ERU per Year $ 64.13 $ 65.82 $ 67.57 $ 69.39 $ 71.28 The County would most likely not increase rates each year and would instead establish a rate that held steady for several years before considering any rate increases. The 5 -year average rate is $67.68 per year or $5.64 per month. For simplicity and ease of communication with the public, the County may consider a rate of $67.80 per year or $5.65 per month. 7. Technical Considerations 7.1. Billing The stormwater fee will be conveyed as an annual fee on the County tax bill. County engineering staff will coordinate with the tax office to deliver fee amounts that should be applied to parcels in the unincorporated County based on the stormwater fee rate structure, billing policies, and credit eligibility. rTORMWATER PROGRAM PLAN 17 Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 18 7.2. Customer Service Given that the stormwater fee will be conveyed on the County tax bill, it is expected that customers will contact the tax office with questions regarding the stormwater fee. The County engineering staff will work with tax office to ensure that staff will be equipped to answer basic questions related to the stormwater fee. More detailed questions related to the stormwater fee will be referred to and answered by the County engineering department. More detailed questions may include questions on the impervious area calculation for a property, credit eligibility, and appeal requests. Customer service support materials will be developed and training on them will be provided prior to stormwater fee implementation. 7.3. Data Maintenance Bills will need to be updated annually to ensure that customers are being billed correctly. Changes to data that must be kept up -to -date include changes to parcel boundaries, impervious area, parcel address and ownership information, aggregation of parcels, credits, and customer account related changes. Having in place a process for maintaining this data and tracking any changes to the data is essential to ensure accuracy and customer confidence in the billing. The County has access to new imagery annually, either from the state of North Carolina or through a flyover completed by the County. This new imagery will be used to update the impervious area data. If available, the County may use internal engineering, tax, and GIS staff to complete this annual data update or may consider using a contractor to support data maintenance. The costs associated with data maintenance are estimated at $50,000 and these costs have been incorporated as administrative costs into the financial planning model. 8. Policy Considerations 8.1. Drainage Maintenance Policy A drainage maintenance policy has been developed to provide guidance on when and where the County will perform drainage maintenance (Appendix Q. The County will maintain cross - County drainage if the County has an easement and /or permission. Cross - County drainage conveyances are those that meet the following tests: The drainage conveyance is not in the NCDOT roadway right of way 2. The drainage conveyance does not originate within a permitted area upstream of or inclusive of a permitted SCM Table 5 captures the above definition of cross - County drainage and describes the conditions under which the County will perform maintenance. Table 5. Drainage Maintenance Matrix NC DOT Right of Way (ROW) No No ( NCDOT responsible for maintenance)* Conveyance originates in a permitted area that No No drains into a permitted BW Conveyance downstream of SCM Yes Yes, with easement Conveyance does not originate in a permitted area Yes Yes, with easement upstream of SCM 18 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 19 * Under certain conditions the County may maintain NC DOT rights of way if funded by NCDOT Additional details are provided in the County's standalone drainage maintenance policy document. 8.2. Rate Ordinance The stormwater fee rate structure, rates, jurisdiction, billings, collections, exemptions, appeals, and enforcement will be documented in an ordinance adopted by the County Board of Commissioners. 8.3. Billing Policies 8.3.1.SFR ADJACENT Adjacent residential parcels that have common ownership and where only one dwelling exists on one of the parcels or splits the parcel will only be charged 1 ERU. The parcel that does not contain the dwelling will be identified as an SFR adjacent parcel and will not be billed, while the parcel with the dwelling will be billed 1 ERU like other residential properties. The SFR adjacent parcel may contain other non - dwelling structures or impervious area such as driveways, garages, or sheds. The intent of this policy is to avoid penalizing a property owner by double charging the property owner for not recombining parcels. 8.3.2.MULTIPLE RESIDENCES ON ONE PARCEL Some parcels in the County have more than one residential dwelling on a single parcel. In these cases, the parcel will be billed based on the number of dwellings on the parcel. For example, if a parcel has two residential dwellings on the property, then that customer will be billed for 2 ERUs, or 1 ERU for each dwelling. This policy aligns with the intent of flat rate residential billing where each SFR property is for 1 ERU. 8.3.3.MIMIMUM MAPPING UNIT Parcels with a measured impervious area of less than 300 square feet of impervious area will not be billed for stormwater. There are slight imperfections in the geographic representation of parcels as well as in the orthorectification of imagery and as a result small amounts of impervious area on a parcel may be inadvertently captured and identified as being located on the parcel when in fact the small amount of impervious area is located in the right -of -way or on the adjacent parcel. In order to ensure that undeveloped properties with no impervious area are not inadvertently billed for stormwater, a minimum mapping unit of 300 square feet has been established. 8.4. Reserve Policies As referenced above, operating and capital reserves are set aside funds that are important for covering unexpected or unscheduled costs. The operating reserves target is set at months of operating and maintenance expenses. The capital reserves target is set at the 5 -year average of annual capital costs with the annual capital reserve contribution not to exceed 10% of the previous year's revenue requirement. Both of these funds will be built up over a 5 -year period. If either of the funds are drawn down, it is expected that they would be replenished. These funds will allow the County to have easy access to additional funds to be used to help with unexpected costs such as hurricane preparations, capital project overruns, and debris clean up. rTORMWATER PROGRAM PLAN 19 Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 20 g. Summary New Hanover County plans to implement the stormwater fee in summer 2020. The level of service and program described in this report would start July 1, 2020 and the fee would be conveyed on the tax bill sent out in August 2020. The program and implementation timeline are provided in Appendix B. It is recommended that the County implement a rate of $67.80 per year in order to support the County's desired level of service. The program described in this report would allow the County to greatly improve drainage conveyances, mitigate flooding, and better manage stormwater assets across the County improving the quality of life of the residents of New Hanover County. 20 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 21 APPENDIX A: FINANCIAL PLANNING MODEL Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 22 New Hanover County Stormwater Program Revenue Requirements O &M Expenses Direct Labor and Benefits $1,159,332 2 $1,217,299 $1,278,164 $1,342,072 $1,409,176 Program Expenses $29,186 $30,062 $30,964 $31,892 $32,849 Other Operations and Maintenance $1,134,554 $1,168,591 $1,203,649 $1,239,758 $1,276,951 Total- O &M Expenses $213231073 $214151951 $ 21512,776 $216131723 $21718,976 Capital Capital Project Funding $600,000 $600,000 $600,000 $600,000 $600,000 Total- Capital $600,000 $600,000 $600,000 $6001000 $600,000 Administration Administration $550,000 $566,500 $583,495 $601,000 $619,030 Total - Administration $550,000 $566,500 $583,495 $601,000 $619,030 Capital and Reserves Operating Reserve $143,654 $149,123 $154,814 $160,736 $166,900 Capital Reserve $120,000 $120,000 $120,000 $120,000 $120,000 Total- Reserves $263,654 $269,123 $274,814 $280,736 $286,900 Total - Revenue Requirement $3,736,726 $3,8511574 $3,971,085 $4,095,459 $41224,906 2 These expenses will be a combination of direct labor and contracted services in order to allow for a ramping up of staffing over the course of the first year. Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 23 New Hanover County Stormwater Program 5 -Year Cash Flow (Based on a rate of $67.80 per year per ERU) Rate Revenues Stormwater Fee Revenues $4,158,521 $4,176,188 $4,194,032 $4,212,055 $4,230,258 Total Revenues $41158,521 $4,176,188 $4,194,032 $41212,055 $41230,258 O &M Expenses Direct Labor and Benefits $1,159,332 $1,217,299 $1,278,164 $1,342,072 $1,409,176 Program Expenses $29,186 $30,062 $30,964 $31,892 $32,849 Other Operations and Maintenance $1,134,554 $1,168,591 $1,203,649 $1,239,758 $1,276,951 Administration $550,000 $566,500 $583,495 $601,000 $619,030 Total- O &M Expenses $2,873,073 $2,982,451 $3,096,271 $3,214,722 $3,338,006 Capital and Reserves Capital Project Funding $600,000 $600,000 $600,000 $600,000 $600,000 Operating Reserve $143,654 $149,123 $154,814 $160,736 $166,900 Capital Reserve $120,000 $120,000 $120,000 $120,000 $120,000 Total - Capital and Reserves $863,654 $869,123 $874,814 $880,736 $886,900 Total Expenses $3,736,726 $3,851,574 $3,971,085 $4,095,459 $4,224,906 Net Cash Flow $421,795 $3241614 $222,948 $116,596 $5,352 Fund Balance $421,795 $746,409 $969,357 $1,085,953 $1,091,305 2 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 24 New Hanover County Stormwater Program Proforma Statement (Based on a rate of $67.80 per year per ERU) Beginning Balance $ - $421,795 $746,409 $969,357 $1,085,953 Source of Funds Rate Revenues $4,158,521 $4,176,188 $4,194,032 $4,212,055 $4,230,258 Total - Sources of Funds 4,158,521 $4,176,188 $4,194,032 $4,212,055 $4,230,258 Uses of Funds Direct Labor and Benefits $1,159,332 $1,217,299 $1,278,164 $1,342,072 $1,409,176 Program Expenses $29,186 $30,062 $30,964 $31,892 $32,849 Other Operations and Maintenance $1,134,554 $1,168,591 $1,203,649 $1,239,758 $1,276,951 Administration $550,000 $566,500 $583,495 $601,000 $619,030 Capital Project Funding $600,000 $600,000 $600,000 $600,000 $600,000 Operating Reserve $143,654 $149,123 $154,814 $160,736 $166,900 Capital Reserve $120,000 $120,000 $120,000 $120,000 $120,000 Total- Use of Funds $3,736,726 $3,851,574 $3,971,085 $4,095,459 $4,224,906 Ending Balance $421,795 $746,409 $969,357 $1,085,953 $1,091,305 Reserve Funds Operating Reserve $143,654 $292,776 $447,590 $608,326 $775,226 Capital Reserve $120,000 $240,000 $360,000 $480,000 $600,000 Total- Reserve Target $263,654 $5321776 $807,590 $11088,326 $1,3752226 Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 25 Fall W,21019]►:yno] IMPLEMENTATION AND PROGRAM TIMELINE Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 26 New Hanover County Implementation and Program Timeline 2020 2021 J F M A M J J A S O N D J F M A M J J A S O N D Establish Stormwater Rates Tax Bills go out Tax Bills go out with with Stormwater Stormwater fee for Service fee for Service Period 1 and Period 2 and Tax Roll taxes for Tax Tax Roll taxes for Tax Certified Period 1 Certified Period 2 Stormwater Service Period - 2 (July Stormwater Service Period - 1 (July 1, 2020 - June 30, 2021) 1, 2021 - June 30, 2022) Tax Period 1 (January 1, 2020 - December 31, 2020) Tax Period 2 (January 1, 2021 - December 31, 2021) Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 27 APPENDIX C: DRAINAGE MAINTENANCE POLICY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 28 New Hanover County Drainage Maintenance Policy - DRAFT New Hanover County (County) is responsible for stormwater management activities within its county boundaries, excluding the State of North Carolina Department of Transportation ( NCDOT) roadways and easements, and land areas within the City of Wilmington limits, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, or other incorporated areas. The existing program is limited by the funding and cannot meet the County's stormwater management needs. Many of the stormwater management systems are not mapped or cataloged and there has been very little modeling to understand stormwater impacts in most areas. This is especially true in areas where new development abuts older development. There is also a backlog of drainage and stormwater conveyance maintenance. Flooding and environmental degradation occur in many areas because of the current condition of these poorly maintained systems. The County plans to elevate the level of service for stormwater maintenance to improve drainage across the County. The County will maintain cross - County drainage if the County has an easement and /or permission. Cross - County drainage conveyances are those that meet all two of the following tests: 1) The drainage conveyance is not in the NCDOT roadway right of way 2) The drainage conveyance does not originate within a permitted area upstream of or inclusive of a permitted SCM The below table captures the above definition of cross - County drainage and describes the conditions under which the County will perform maintenance. * Under certain conditions the County may maintain NC DOT rights of way if funded by NCDOT Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 29 Cross - County County will maintain Drainage NC DOT Right of Way (ROW) No No ( NCDOT responsible for maintenance)* Conveyance originates in a permitted area that drains No No into a permitted BMP Conveyance downstream of SCM Yes Yes, with easement Conveyance does not originate in a permitted area Yes Yes, with easement upstream of SCM * Under certain conditions the County may maintain NC DOT rights of way if funded by NCDOT Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 29 APPENDIX D: CREDIT ELIGIBILITY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 30 New Hanover County Credits Policy - DRAFT Overview In June 2020, elected officials in New Hanover County passed an ordinance establishing a Stormwater Services Fee. Per Section X(x) of the Ordinance Establishing a Stormwater Service Fee, utility customers can receive a credit toward their annual stormwater fee based on measures that mitigate runoff to the County's larger stormwater system (called stormwater management practices, stormwater control measures, or SCMs). This document serves as the Credits Policy, referenced in Section X(x), below. Purpose The purpose of establishing a credit program is to provide a mechanism by which customers with active stormwater operations and maintenance permits for a Stormwater Control Measure (SCM) can receive a reduction on their stormwater bill. Policy This credit program is based on the premise that customers who implement practices, or activities that reduce the amount of stormwater runoff going into stormwater conveyance systems should receive a reduction on their fee. Credits provide a mechanism for recognizing reduced demand in the same way that a meter automatically recognizes reduced demand. Stormwater SCMs that are properly installed and maintained results in individual parcels producing less runoff and relying less heavily on existing stormwater infrastructure. Such parcels have reduced their demand for stormwater service. In order to acknowledge this, the stormwater services will give ongoing stormwater fee credits to eligible properties. Customers with an active stormwater operations and maintenance permit for SCMs constructed after 2000 are eligible for a stormwater credit. If a property owner's association (POA) is the owner and permit holder for the SCM, properties that are members of the POA and that were permitted for construction as a result of the SCM are eligible for a stormwater credit. Customers that have an active stormwater operations and maintenance permit will be automatically enrolled in the credit program and will receive a credit on their bill. No additional application is required. Continuing receipt of credit is contingent upon the proper maintenance and function of SCMs in compliance with a permit. Maintenance Proper maintenance of SCMs is required under the stormwater operations and maintenance permit and is required for continued receipt of credits. Maintenance must follow the specifications in the issued stormwater operations and maintenance permit. Enrollment Process Customers that have an active stormwater operations and maintenance permit will be automatically enrolled in the credit program and will receive a credit on their bill. No additional application is required. Appeals Other Conditions 2 NEW HANOVER COUNTY Board of Commissioners - December 16, 2019 ITEM: 11- 2 - 31 AGENDA: December 16, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 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, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Understand / act on citizen needs Fund: General Fund Department: Engineering Expenditure: Decrease I Increase 11 Total BA 20 -039 Engineering $ (50,000) I $ 50,00011$ 50,000 Total $ - 1 $ 5 0, 1 $ 50,000 Revenue: Decrease Increase Total BA 20 -039 Transfer in from Capital Project Fund $ 5 1 $ 50,000 Total $ - $ 50,000 1 $ 50,000 Prior to Actions Toda Departmental Budget $ 916,920 Fund: Capital Improvement Projects Department: Engineering Total if Actions Taken $ 966,920 Expenditure: Decrease Increase Total BA 20 -039 Transfer to General Fund $ (50,000) $ 50,000 $ 50,000 $ (50,000) BA 20 -039 Capital Project Expense Total $ (50,00O)l $ 50,000 I $ - Prior to Actions Total if Actions Todav Taken Project Balance $ 815,335 $ 815,335 Section 2: Explanation BA 20 -039 will move $50,000 from the drainage Capital Improvement Project Fund to the General Fund. The funds will be used to hire an engineering firm to revise the Stormwater Ordinance. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. Board of Commissioners - December 16, 2019 ITEM: 11- 3 - 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -039 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 16th day of December, 2019. (SEAL) Julia Olson- Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - December 16, 2019 ITEM: 11- 3 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 REGULAR DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Consideration of a Resolution of the Board of County Commissioners of the County of New Hanover, North Carolina Providing for the Issuance of Not to Exceed $3,700,000 General Obligation School Bonds, Series 2020 BRIEF SUMMARY: Pursuant to and in accordance with the bond order authorizing $160,000,000 General Obligation School bonds adopted by the Board of County Commissioners on August 11, 2014, effective when it was approved by the voters of the County at the referendum held on November 4, 2014, the County proposes to issue general obligation school bonds in the aggregate principal amount not to exceed $3,700,000. The County desires that the bonds be sold by the Local Government Commission through a competitive sale with a sale date on or about January 22, 2020. The County has previously funded $160,000,000 of project costs related to school construction projects through an August 2015, July 2017, and September 2018 sale. Due to premiums the County received on the bonds, we currently have $12,760,000 left in authorized but unissued general obligation bonds. The proposed bond sale will provide the necessary cash flow for the purchase of various school capital needs for fiscal year 2020. As a part of the fiscal year 2020 budget, these capital items were to be funded through debt proceeds. Staff proposes that the forms of the following documents relating to the transaction described above be approved, entered into and delivered as applicable, to effectuate the proposed financing: 1. the Notice of Sale 2. the Preliminary Official Statement together with the final Official Statement The County expects to remain in compliance with all debt policy limits with the issuance of this proposed transaction. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Resolution. Board of Commissioners - December 16, 2019 ITEM: 12 ATTACHMENTS: Resolution Notice of Sale Preliminary Official Statement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - December 16, 2019 ITEM: 12 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $3,700,000 COUNTY OF NEW HANOVER, NORTH CAROLINA GENERAL OBLIGATION SCHOOL BONDS, SERIES 2020 WHEREAS, the Bond Order hereinafter - described has been adopted, and it is desirable to make provision for the issuance of the bonds authorized by said Bond Order; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners (the "Board") of the County of New Hanover, North Carolina (the "County") as follows: Section 1. For purposes of this Resolution, the following words have the meanings ascribed to them below: "Arbitrage and Tax Regulatory Agreement" means the Arbitrage and Tax Regulatory Agreement executed by the County related to the 2020 Bonds. "Bond Order" means the Bond Order authorizing $160,000,000 General Obligation School Bonds, adopted by the Board on August 11, 2014, effective when approved by the voters of the County at a referendum duly called and held on November 4, 2014. "Code" means the Internal Revenue Code of 1986, as amended, and the rulings and regulations (including temporary and proposed regulations) promulgated thereunder, or any successor statute thereto. "Federal Securities " means (a) direct obligations of the United States of America for the timely payment of which the full faith and credit of the United States of America is pledged; (b) obligations issued by any agency controlled or supervised by and acting as an instrumentality of the United States of America, the timely payment of the principal of and interest on which is fully guaranteed as full faith and credit obligations of the United States of America (including any securities described in (a) or (b) issued or held in the name of the Trustee in book -entry form on the books of the Department of Treasury of the United States of America), which obligations, in either case, are held in the name of a trustee and are not subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c) any bonds or other obligations of the State of North Carolina or of any agency, instrumentality or local governmental unit of the State of North Carolina which are (i) not callable prior to maturity or (ii) as to which irrevocable instructions have been given to the trustee or escrow agent with respect to such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified, and which are rated by Moody's, if the 2020 Bonds are rated by Moody's, S &P, if the 2020 Bonds are rated by S &P and Fitch Ratings, if the 2020 Bonds are rated by Fitch Ratings, within the highest rating category and which are secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) or (b) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; (d) direct evidences of ownership of proportionate interests in future interest and principal payments on specified obligations described in (a) held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the underlying obligations described in (a), and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obligated; or (e) any other obligations permitted under the laws of the State of North Carolina for the defeasance of local government bonds. Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 1 "Financial Obligation" means a (1) debt obligation, (2) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (3) guarantee of either (1) or (2) above. However, the term "Financial Obligation" does not include municipal securities as to which a final official statement has been provided to the Municipal Securities Rulemaking Board consistent with the Rule. "Fiscal Year" means a twelve -month period commencing on the first day of July of any year and ending on the 30th day of June of the succeeding year, or such other twelve -month period which may subsequently be adopted as the Fiscal Year of the County. "Fitch Ratings " means Fitch Ratings Inc., a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns, and, if such corporation for any reason no longer performs the functions of a securities rating agency, "Fitch Ratings" will refer to any other nationally recognized securities rating agency other than Moody's and S &P designated by the County. ` Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, ` Moody's" will be deemed to refer to any other nationally recognized rating agency other than S &P and Fitch Ratings designated by the County. "Pricing Certificate " means the certificate of the County Chief Financial Officer delivered in connection with the issuance of the 2020 Bonds which establishes the final maturity amounts, the interest payment dates and the provisions for redemption. "Projects " means constructing, improving, and renovating school facilities, specifically including, among other things, the construction and renovation of classroom facilities and district -wide improvements for safety, security, technology and building infrastructure, the acquisition and installation of furnishings and equipment, and the acquisition of land or rights —in —land required therefor, pursuant to and in accordance with the Bond Order. "S&P" means S &P Global Ratings, a business unit of Standard & Poor's Financial Services LLC, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "S&P" will be deemed to refer to any other nationally recognized rating agency other than Moody's and Fitch Ratings designated by the County. "2020 Bonds " means the County's General Obligation School Bonds, Series 2020 authorized under the Bond Order. Section 2. The County will issue not to exceed $3,700,000 in total aggregate principal amount of its 2020 Bonds. Section 3. The 2020 Bonds will be dated their date of issuance and pay interest semiannually on February 1 and August 1, beginning August 1, 2020, unless the County Chief Financial Officer establishes different dates in her Pricing Certificate. The 2020 Bonds are being issued to provide funds (1) to finance the capital costs of the Projects pursuant to and in accordance with the Bond Order and (2) to pay the costs of issuing the 2020 Bonds. Section 4. The Board has ascertained and hereby determines that the last installment of the 2020 Bonds shall mature not later than the date of expiration of the period of usefulness of the Projects as required by Section 159 -122 of the North Carolina General Statutes, as amended. 2 Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 2 Section S. Unless changed by the County Chief Financial Officer in her Pricing Certificate, the 2020 Bonds are payable in annual installments on February 1 in each year as provided in the Pricing Certificate. Section 6. The 2020 Bonds will be numbered from "R -1" consecutively and upward. All 2020 Bonds will bear interest from their date at a rate or rates which will be hereafter determined on the sale thereof computed on the basis of a 360 -day year, constituting twelve 30 -day months. Section 7. The 2020 Bonds will be registered as to principal and interest, and the County Chief Financial Officer is directed to maintain the registration records with respect thereto. The 2020 Bonds will bear the original or facsimile signatures of the County Manager or the Chair of the Board and the Clerk to the Board of the County. An original or facsimile of the seal of the County will be imprinted on each of the 2020 Bonds. Section 8. The 2020 Bonds will initially be issued by means of a book -entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. A book -entry system will be employed, evidencing ownership of the 2020 Bonds in principal amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the 2020 Bonds will be payable to DTC or its nominee as registered owner of the 2020 Bonds in immediately available funds. The principal of and interest on the 2020 Bonds will be payable to owners of 2020 Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. If (a) DTC determines not to continue to act as securities depository for the 2020 Bonds or (b) the County Chief Financial Officer determines that the continuation of the book -entry system of evidence and transfer of ownership of the 2020 Bonds would adversely affect the interests of the beneficial owners of the 2020 Bonds, the County will discontinue the book -entry system with DTC in accordance with the rules and procedures of DTC. If the County fails to identify another qualified securities depository to replace DTC, the County will authenticate and deliver replacement bonds in accordance with the rules and procedures of DTC. Section 9. Unless changed by the County Chief Financial Officer in her Pricing Certificate, the 2020 Bonds maturing on or before February 1, 2030 will not be subject to redemption prior to maturity. The 2020 Bonds maturing on and after February 1, 2031 will be subject to redemption prior to maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part, on any date on or after February 1, 2030, at the redemption price of the principal amount of 2020 Bonds to be so redeemed, plus accrued interest to the redemption date. If less than all of the 2020 Bonds are called for redemption, the County will select the maturity or maturities of the 2020 Bonds to be redeemed in such manner as the County in its discretion may determine and DTC and its participants will determine which of the 2020 Bonds within a maturity will be redeemed in accordance with its rules and procedures; provided, however, that the portion of any 2020 Bond to be redeemed will be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2020 Bonds for redemption, each 2020 Bond will be considered as representing that number of 2020 Bonds which is obtained by dividing the principal amount of such 2020 Bond by $5,000. Whenever the County elects to redeem 2020 Bonds, notice of such redemption of 2020 Bonds, stating the Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 3 redemption date, redemption price and any conditions to the redemption and identifying the 2020 Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there will become due and payable on each 2020 Bond or portion thereof so to be redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such date interest thereon will cease to accrue, will be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of the 2020 Bonds, by prepaid certified or registered United States mail (or by such other means as permitted by DTC's rules and procedures), at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC, or its nominee, is not the registered owner of the 2020 Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then - registered owners of the 2020 Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. The County will also mail or transmit by facsimile or in electronic format a copy of the notice of redemption within the time set forth above (1) to the Local Government Commission of North Carolina (the "Local Government Commission ") and (2) to the Municipal Rulemaking Securities Board (the ` MSRB ") through the Electronic Municipal Market Access ( "EMMA ") system. If at the time of mailing of the notice of redemption there is not on deposit money sufficient to redeem the 2020 Bonds called for redemption, such notice may state that it is conditional on the deposit of money for the redemption on the date of redemption as set forth in the notice. Any notice, once given, may be withdrawn by notice delivered in the same manner as the notice of redemption was given. Section 10. The 2020 Bonds and the provisions for the registration of the 2020 Bonds and for the approval of the 2020 Bonds by the Secretary of the Local Government Commission will be in substantially the form set forth in Exhibit A hereto, the terms of which may be changed by the County Chief Financial Officer's Pricing Certificate. Section 11. The County Chief Financial Officer, or her designated representative, is hereby authorized to execute the Arbitrage and Tax Regulatory Agreement in order to comply with Section 148 of the Code and the applicable Income Tax Regulations thereunder. The County covenants that it will not take or permit, or omit to take or cause to be taken, any action that would adversely affect the exclusion from gross income of the recipient therefor for federal income tax purposes of the interest on the 2020 Bonds and, if it should take or permit, or omit to take or cause to be taken, any such action, the County will take or cause to be taken all lawful actions within its power necessary to rescind or correct such actions or omissions promptly on having knowledge thereof. The County covenants that it will comply with all the requirements of Section 148 of the Code, including the rebate requirements, and that it will not permit at any time any of the proceeds of the 2020 Bonds or other funds under their control be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the 2020 Bonds to be "arbitrage bonds" for purposes of Section 148 of the Code. The County covenants that it will comply with the provisions of the Arbitrage and Tax Regulatory Certificate. Section 12. The County Chief Financial Officer is hereby directed to create and establish a special fund to be designated "County of New Hanover, North Carolina General Obligation School Bonds, Series 2020 Project Fund" (the "Project Fund") and may establish separate accounts within the Project Fund to track the expenditures related to each of the Projects. The County Chief Financial Officer will deposit the proceeds from the sale of the 2020 Bonds in the Project Fund. The County Chief Financial Officer will invest and reinvest any money held in the Project Fund as permitted by the laws of the State of North Carolina and the income, to the extent permitted by the Code, will be retained in the Project Fund and applied with the proceeds of the 2020 Bonds to pay the costs of the Projects, as directed by the County Chief Financial Officer. The County Chief Financial Officer will keep and maintain adequate records pertaining to the Project Fund and all disbursements therefrom so as to satisfy the C! Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 4 requirements of the laws of the State of North Carolina and to assure that the County maintains its covenants with respect to the exclusion of the interest on the 2020 Bonds from gross income for purposes of federal income taxation. Section 13. Actions taken by officials of the County to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E -8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, as amended, are hereby authorized and approved. Section 14. The Local Government Commission is hereby requested to sell the 2020 Bonds through a competitive sale to the bidder whose bid results in the lowest interest cost to the County, determined on the basis of the net interest cost method. Section 15. The Chair of the Board, the County Manager, the Clerk to the Board and the County Chief Financial Officer, individually and collectively (the `Authorized Officers"), are hereby authorized, empowered and directed to cause the 2020 Bonds to be prepared and, when they have been duly sold by the Local Government Commission, to execute the 2020 Bonds and to turn the 2020 Bonds over to the registrar and transfer agent of the County, if any, for delivery through the facilities of DTC to the purchaser or purchasers to whom they may be sold by the Local Government Commission. Section 16. The form and content of the Notice of Sale related to the 2020 Bonds, the Preliminary Official Statement related to 2020 Bonds (the `Preliminary Official Statement ") and the Final Official Statement related to the 2020 Bonds (the "Final Official Statement" and together with the Preliminary Official Statement, the "Official Statement") are in all respects authorized, approved and confirmed. The Authorized Officers are authorized, empowered and directed to execute and deliver the Official Statement in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the approval of the Board of any and all changes, modifications, additions or deletions therein from the form and content of the Official Statement presented to the Board. Section 17. The Authorized Officers, are authorized, empowered and directed to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the documents contemplated hereinabove or as may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 18. The County agrees, in accordance with Rule 15c2 -12 (the `Rule ") promulgated by the Securities and Exchange Commission (the "SEC") and for the benefit of the registered owners and beneficial owners of the 2020 Bonds, to provide to the MSRB: (1) by not later than seven months from the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2020, audited financial statements of the County for the preceding Fiscal Year, if available, prepared in accordance with Section 159 -34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 5 (2) by not later than seven months from the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2020, the financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the captions "THE COUNTY - -DEBT INFORMATION" and "- -TAX INFORMATION" (excluding information on overlapping units and the subsection entitled Debt Outlook) in the Official Statement; (3) in a timely manner not in excess of 10 business days after the occurrence of the event, to the MSRB, notice of any of the following events with respect to the 2020 Bonds: (a) principal and interest payment delinquencies; (b) non - payment related defaults, if material; (c) unscheduled draws on the debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancements reflecting financial difficulties; (e) substitution of any credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices or determinations with respect to the tax status of the 2020 Bonds or other material events affecting the tax status of the 2020 Bonds; (g) modification of the rights of the beneficial owners of the 2020 Bonds, if material; (h) call of any of the 2020 Bonds, other than mandatory sinking fund redemptions, if material, and tender offers; (i) defeasance of any of the 2020 Bonds; 0) release, substitution or sale of any property securing repayment of the 2020 Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the County; (m) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; and (n) appointment of a successor or additional trustee, or the change in the name of a trustee, if material; 6 Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 6 (o) incurrence of a Financial Obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the County, any of which affect security holders, if material; (p) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the obligated person, any of which reflect financial difficulties; and (4) in a timely manner to the MSRB, notice of the failure by the County to provide the required annual financial information described in (1) and (2) above on or before the date specified. The County agrees that its undertaking under this Section is intended to be for the benefit of the registered owners and the beneficial owners of the 2020 Bonds and is enforceable by any of the registered owners and the beneficial owners of the 2020 Bonds, including an action for specific performance of the County's obligations under this Section, but a failure to comply will not be an event of default and will not result in acceleration of the payment of the 2020 Bonds. An action must be instituted, had and maintained in the manner provided in this Section for the benefit of all of the registered owners and beneficial owners of the 2020 Bonds. All documents provided to the MSRB as described in this Section will be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by providing such information in a manner the SEC subsequently authorizes in lieu of the manner described above. The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (1) any such modification can only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (2) the information to be provided, as modified, must have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; (3) any such modification must not materially impair the interest of the registered owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the registered owners of a majority in principal amount of the 2020 Bonds. Any annual financial information containing modified operating data or financial information must explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest on the 2020 Bonds. 7 Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 7 Section 19. Those portions of this Resolution other than Section 18 may be amended or supplemented, from time to time, without the consent of the owners of the 2020 Bonds if in the opinion of nationally recognized bond counsel, such amendment or supplement would not adversely affect the interests of the owners of the 2020 Bonds and would not cause the interest on the 2020 Bonds to be included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may be amended or supplemented with the consent of the owners of a majority in aggregate principal amount of the outstanding 2020 Bonds, exclusive of 2020 Bonds, if any, owned by the County, but a modification or amendment (1) may not, without the express consent of any owner of 2020 Bonds, reduce the principal amount of any 2020 Bond, reduce the interest rate payable on it, extend its maturity or the times for paying interest, change the monetary medium in which principal and interest is payable, or reduce the percentage of consent required for amendment or modification and (2) as to an amendment to Section 18, must be limited as described therein. Any act done pursuant to a modification or amendment consented to by the owners of the 2020 Bonds is binding on all owners of the 2020 Bonds and will not be deemed an infringement of any of the provisions of this Resolution, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution. After consent has been given, no owner of a 2020 Bond has any right or interest to object to the action, to question its propriety or to enjoin or restrain the County from taking any action pursuant to a modification or amendment. If the County proposes an amendment or supplemental resolution to this Resolution requiring the consent of the owners of the 2020 Bonds, the registrar for the 2020 Bonds will, on being satisfactorily indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner of the 2020 Bonds then outstanding by first -class mail, postage prepaid, to the address of such owner as it appears on the registration books; but the failure to receive such notice by mailing by any owner, or any defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice will briefly set forth the nature of the proposed amendment and will state that copies thereof are on file at the designated office of the registrar for the 2020 Bonds for inspection by all owners of the 2020 Bonds. If, within 60 days or such longer period as may be prescribed by the County following the giving of such notice, the owners of a majority in aggregate principal amount of 2020 Bonds then outstanding have consented to the proposed amendment, the amendment will be effective as of the date stated in the notice. Section 20. Nothing in this Resolution precludes (a) the payment of the 2020 Bonds from the proceeds of refunding bonds or (b) the payment of the 2020 Bonds from any legally available funds. If the County causes to be paid, or has made provisions to pay, on maturity or on redemption before maturity, to the owners of the 2020 Bonds the principal of the 2020 Bonds (including accrued interest thereon), through setting aside trust funds or setting apart in a reserve fund or special trust account created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that purpose in some sinking fund or other fund or trust account with an escrow agent or otherwise, money sufficient therefor, including, but not limited to, interest earned or to be earned on Federal Securities, the County will so notify Moody's, S &P and Fitch Ratings, as applicable, and then such 2020 Bonds will be considered to have been discharged and satisfied, and the principal of the 2020 Bonds (including accrued interest thereon) will no longer be deemed to be outstanding and unpaid; provided, however, that nothing in this Resolution requires the deposit of more than such Federal Securities as may be sufficient, taking into account both the principal amount of such Federal Securities and the interest to earned thereon, to implement any such defeasance. If such a defeasance occurs and after the County receives an opinion of a nationally recognized accounting or verification firm that the segregated money or Federal Securities together with interest Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 8 earnings thereon is sufficient to effect a defeasance, the County will execute and deliver all such instruments as may be necessary to effect such a defeasance and desirable to evidence such release, discharge and satisfaction. The County will make provisions for the mailing of a notice to the owners of the 2020 Bonds that such money is available for such payment. Section 21. If any one or more of the agreements or provisions herein contained is held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or for any reason whatsoever is held invalid, then such covenants, agreements or provisions are null and void and separable from the remaining agreements and provisions and will in no way affect the validity of any of the other agreements and provisions hereof or of the 2020 Bonds authorized hereunder. Section 22. All resolutions or parts thereof of the Board in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 23. This Resolution is effective on its adoption. PASSED, ADOPTED AND APPROVED this 16th day of December, 2019. 9 Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 9 STATE OF NORTH CAROLINA SS: COUNTY OF NEW HANOVER I, Kym Crowell, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina, DO HEREBY CERTIFY the attached to be a true and correct copy of a Resolution entitled, "RESOLUTION OF THE BOARD OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $3,700,000 COUNTY OF NEW HANOVER, NORTH CAROLINA GENERAL OBLIGATION SCHOOL BONDS, SERIES 2020" adopted by the Board of the County of New Hanover, North Carolina at a regular meeting held on the 16th day of December, 2019. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, this the day of December, 2019. (SEAL) Kym Crowell Clerk to the Board of Commissioners County of New Hanover, North Carolina 10 Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 10 No. R- APPENDIX A FORM OF 2020 BOND UNITED STATES OF AMERICA STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER INTEREST RATE MATURITY DATE DATED DATE CUSIP FEBRUARY 1, 20_ FEBRUARY 11, 2020 REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS GENERAL OBLIGATION SCHOOL BOND, SERIES 2020 THE COUNTY OF NEW HANOVER, NORTH CAROLINA (the "County') acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, on the Maturity Date specified above, upon surrender hereof, the Principal Sum shown above and to pay to the Registered Owner hereof interest thereon from the date of this 2020 Bond until it matures at the Interest Rate per annum specified above, payable on August 1, 2020 and semiannually thereafter on August 1 and February 1 of each year. Principal of and interest on this 2020 Bond are payable in immediately available funds to The Depository Trust Company (­DTC') or its nominee as registered owner of the 2020 Bonds and is payable to the owner of the 2020 Bonds shown on the records of DTC at the close of business on the 15' day of the month preceding an interest payment date or a bond payment date. The County is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. This 2020 Bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, as amended, and pursuant to The Local Government Finance Act, as amended and the Bond Order adopted by the Board of Commissioners of the County (the "Board') and approved by the vote of a majority of the voters who voted thereon at a referendum duly called and held. The 2020 Bonds are being issued to provide funds to (1) finance the capital costs of constructing, improving, and renovating school facilities, specifically including, among other things, the construction and renovation of classroom facilities and district -wide improvements for safety, security, technology and building infrastructure, the acquisition and installation of furnishings and equipment, and the acquisition of land or rights —in —land required therefor (the `Projects ") and (2) pay the costs of issuing the 2020 Bonds. The 2020 Bonds maturing on or before February 1, 2030 will not be subject to redemption prior to maturity. The 2020 Bonds maturing on and after February 1, 2031 will be subject to redemption prior to maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part, on any date on or after February 1, 2030, at the redemption price of the principal amount of 2020 Bonds to be so redeemed, plus accrued interest to the redemption date. [Term bond language, if applicable] A -1 PPAB 4357221v4 PPAB 52295260 Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 11 If less than all of the 2020 Bonds are called for redemption, the County will select the maturity or maturities of the 2020 Bonds to be redeemed in such manner as the County in its discretion may determine and DTC and its participants will determine which of the 2020 Bonds within a maturity will be redeemed in accordance with its rules and procedures; provided, however, that the portion of any 2020 Bond to be redeemed will be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2020 Bonds for redemption, each 2020 Bond will be considered as representing that number of 2020 Bonds which is obtained by dividing the principal amount of such 2020 Bond by $5,000. Whenever the County elects to redeem 2020 Bonds, notice of such redemption of 2020 Bonds, stating the redemption date, redemption price and any conditions to the redemption and identifying the 2020 Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there will become due and payable on each 2020 Bond or portion thereof so to be redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such date interest thereon will cease to accrue, will be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of the 2020 Bonds, by prepaid certified or registered United States mail (or by such other means as permitted by DTC's rules and procedures), at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC, or its nominee, is not the registered owner of the 2020 Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then - registered owners of the 2020 Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. It is hereby certified and recited that all conditions, acts and things required by the constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this 2020 Bond, exist, have been performed and have happened, and that the amount of this 2020 Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said constitution or statutes of the State of North Carolina. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this 2020 Bond in accordance with its terms. This 2020 Bond will not be valid or become obligatory for any purpose until the certification hereon is signed by an authorized representative of the Local Government Commission. [SIGNATURES BEGIN ON FOLLOWING PAGE] 2 Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 12 IN WITNESS WHEREOF, the County has caused this 2020 Bond to bear the original or facsimile of the signatures of the following officers of the County and an original or facsimile of the seal of the County to be imprinted hereon and this 2020 Bond to be dated its date of issuance. (SEAL) Clerk to the Board of Commissioners Chair of the Board of Commissioners Date of Execution: February 11, 2020 The issue hereof has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 13 FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within 2020 Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within 2020 Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed by: NOTICE: Signature must be guaranteed by a Participant in the Securities Transfer Agent Medallion Program ( "Stamp ") or similar program. NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Bond in every particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED 4 Board of Commissioners - December 16, 2019 ITEM: 12- 1 - 14 Notice of Sale and Bid Form Notes: • Bonds are to be awarded on a true interest cost (TIC) basis as described herein. • No bid for less than all of the bonds offered or less than 100% of the aggregate prin- cipal amount of the bonds will be entertained. • In the event that fewer than three conforming bids are received for the Bonds, the County will require the winning bidder to "hold the offering price" as described herein with respect to any maturities of such Bonds that have not satisfied the 10% test (as defined herein) for five business days. County of New Hanover, North Carolina $397009000' General Obligation School Bonds, Series 2020 Sealed and Electronic Bids Will Be Received Until 11 A.M., North Carolina Time, January 22, 2020 * Preliminary; subject to change as provided herein. Board of Commissioners - December 16, 2019 ITEM: 12- 2 - 1 NOTICE OF SALE $3,700,000* COUNTY OF NEW HANOVER, NORTH CAROLINA GENERAL OBLIGATION SCHOOL BONDS, SERIES 2020 Sealed and electronic bids (as described below) will be received until 11:00 a.m., North Carolina Time, January 22, 2020, by the undersigned at its office, 3200 Atlantic Avenue, Longleaf Building, Raleigh, North Carolina 27604, at which time and place such bids will be opened for $3,700,000* County of New Hanover, North Carolina (the "County") General Obligation School Bonds, Series 2020 (the "Bonds "). The Bonds will be dated their date of delivery and mature annually on February 1 in each year as follows: Year Amount Year Amount 2021 $185,000 2031 $185,000 2022 185,000 2032 185,000 2023 185,000 2033 185,000 2024 185,000 2034 185,000 2025 185,000 2035 185,000 2026 185,000 2036 185,000 2027 185,000 2037 185,000 2028 185,000 2038 185,000 2029 185,000 2039 185,000 2030 185,000 2040 185,000 Proposals may be delivered by hand or by mail or electronic proposals may be submitted via BiDCOMP /PARITY in the manner described below, but no proposal will be considered which is not actually received by the State Treasurer at the place, date and time appointed. The State Treasurer is not responsible for any failure, misdirection or error in the means of transmission selected by any firm submitting a proposal. The County reserves the right to change, cancel or reschedule, from time to time, the date or time established for the receipt of bids and will undertake to notify registered prospective bidders via noti- fication published on BiDCOMP /PARITY, or by other means as necessary. The County may change the scheduled delivery date for the Bonds by notice given in the same manner as that set forth for a change in the date for the receipt of bids. To the extent any instructions or directions set forth in BiDCOMP /PARITY conflict with this Notice of Sale (this "Notice "), the terms of this Notice shall control. For further information about BiDCOMP /PARITY, potential purchasers may contact BiDCOMP /PARITY at (212) 849 -5021. Each prospective purchaser is solely responsible for making necessary arrangements to access BiD- COMP /PARITY for purposes of submitting its proposal in a timely manner and in compliance with this Notice. The terms of this Notice and the sale of the Bonds are governed by North Carolina law. The Local Government Commission of North Carolina (the "Commission ") does not have a regis- tration process for potential purchasers. Prospective purchasers who intend to submit their proposal by BiDCOMP /PARITY must register and be contracted customers of i -Deal LLC's BiDCOMP Compet- itive Bidding System before the sale. By submitting a proposal for the Bonds, a prospective purchaser represents and warrants to the State Treasurer that such financial institution's proposal is submitted *Preliminary; subject to change. 2 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 2 for and on behalf of such institution by an officer or agent who is duly authorized to bind the prospec- tive purchaser to a legal, valid and enforceable contract for the purchase of the Bonds. Neither the Commission nor the County has reviewed or verified the accuracy or completeness of the information contained in BiDCOMP /PARITY and neither assumes responsibility for the ac- curacy and completeness of such information. The Bonds will be general obligations of the County and all the taxable real property within which will be subject to the levy of ad valorem taxes, without limitation as to rate or amount, to pay the Bonds and the interest thereon. The Bonds will be issued as fully registered bonds in a book -entry only system under which The Depository Trust Company, New York, New York ( "DTC "), will act as securities depository nominee for the Bonds as fully described in the Preliminary Official Statement described below. Purchases and transfers of the Bonds may be made only in authorized denominations of $5,000 and in accordance with the practices and procedures of DTC. Interest on the Bonds will be payable semiannually on each February 1 and August 1, beginning August 1, 2020, and principal of the Bonds will be paid annually on February 1, as set forth in the foregoing schedule to DTC or its nominee as registered owner of the Bonds. The principal and interest on the Bonds will be payable to owners of Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date. The Bonds maturing on or before February 1, 2030 will not be subject to redemption prior to maturity. The Bonds maturing on or after February 1, 2031 will be subject to redemption prior to maturity, at the option of the County, from any moneys that may be made available for such purpose, either in whole or in part on any date on or after February 1, 2030, at the redemption price of the principal amount of Bonds to be so redeemed, plus accrued interest to the redemption date. If less than all of the Bonds of any one maturity are called for redemption, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot in such manner as the County in its dis- cretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in an authorized denomination and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by the minimum authorized denomination. So long as a book -entry system with DTC is used for de- termining beneficial ownership of the Bonds, if less than all of the Bonds within a maturity are re- deemed, DTC shall determine in accordance with its rules and procedures the amount of interest of each Direct Participant in the Bonds within such maturity to be redeemed. Notice of redemption will be given to the registered owners of the Bonds and to the Municipal Securities Rulemaking Board, as provided in the resolution authorizing the issuance of the Bonds (the "Bond Resolution "). Such notice will be given not less than 30 nor more than 60 days prior to the date fixed for redemption. No bid for less than all of the Bonds offered or for less than the face value of the Bonds will be entertained. Bidders are requested to indicate the interest rate or rates, in multiples of 1/8 or 1/20 of 1 %, to be applicable to the maturities of the Bonds. Any number of interest rates may be named, provided the difference between the lowest and highest rates named in the bid shall not exceed 3% with a maximum interest rate of 5 %. All Bonds maturing on the same date must bear interest at the same rate, and the interest rate on any Bond shall be the same throughout its life. The Bonds will be awarded to the bidder offering to purchase the Bonds at the lowest interest cost to the County, such cost to be determined in accordance with the true interest cost (TIC) method by doubling the semian- nual interest rate, compounded semiannually, necessary to discount the debt service payments from the payment dates to the expected delivery date (February 11, 2020) such that the sum of such present values is equal to the price bid. 3 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 3 The aggregate principal amount and the principal amount of each maturity of the Bonds described above and as set forth in the Bid Form attached hereto are subject to ad- justment after the receipt and opening of sealed bids for their purchase as described below. The aggregate principal amount of the Bonds may be increased or decreased after the re- ceipt and opening of sealed bids for their purchase in an amount determined by the County in its sole discretion not to exceed 20% of the aggregate principal amount shown above. The principal amount of each maturity of the Bonds may be increased or decreased by an amount not to exceed 20% of the principal amount shown above for each such maturity. The bid price paid by the successful bidder will be adjusted to reflect any adjustments in the principal amount of the Bonds. Such adjusted bid will reflect changes in the dollar amount of the underwriting discount and original issue premium, but will not change the underwriting discount percentage based on the bid price in the winning bid and the initial reoffering prices. The interest rate specified by the successful bidder for each maturity at the initial reoffering price will not change. The successful bidder may not withdraw its bid as a result of any changes made within these limits. As promptly as reasonably practicable after the bids are opened, the Commission will notify the bidder to whom the Bonds will be awarded, if and when such award is made, and, as described below, such bidder, upon such notice, shall advise the Commission by telephone of the initial offering prices and yields to the public of each maturity of the Bonds and shall, within 30 minutes, confirm that information by electronic mail or facsimile trans- mission. Such offering prices and yields, among other things, will be used by the County to calculate the final aggregate principal amount of the Bonds and the final principal amount of each maturity of the Bonds. It is anticipated that the final aggregate principal amount of the Bonds and the final principal amount of each maturity of the Bonds will be communicated to the successful bidder by 5:00 p.m., North Carolina Time, on the date of the sale. Bidders may Contact First Tryon Advisors at (704) 926 -2458 (Attention: Will Ahlum) not later than 9:30 a.m., North Carolina Time, on the date of sale for more information. Each bid delivered by hand or mail must be submitted on a form to be furnished with additional information by the undersigned and must be enclosed in a sealed envelope marked "Bid for Bonds, Series 2020 (County of New Hanover)." A good faith deposit (the "Deposit ") in the amount of $74,000 will be required for each bid. The Deposit may be submitted in the form of an official bank check, a cashier's check or a certified check upon an incorporated bank or trust company payable uncondition- ally to the order of the State Treasurer of North Carolina accompanying the bid. Alternatively, the successful bidder's Deposit may be a wire transfer upon initial notification of the award of the Bonds. Award or rejection of bids will be made on the date above stated for receipt of bids, and any checks of unsuccessful bidders will be returned immediately. If the Deposit of the successful bidder is provided by check, the check of the successful bidder will be cashed by the State Treasurer. If the Bonds are awarded to a bidder whose Deposit is by wire transfer, the successful bidder must submit its Deposit to the State Treasurer not later than 2:00 P.M. North Carolina Time on the date of the award of the Bonds, to the bank account instructed to the successful bidder by the State Treasurer during the initial notification of the award. If the Deposit is not received by that time, the Commission will reject its award to the initial successful bidder, and will contact the next lowest bidder and offer said bidder the opportunity to become the successful bidder, on the terms as outlined in said bidder's bid, so long as said bidder submits a good faith wire within two hours of the time offered. The Commission will not award the Bonds to the successful bidder absent receipt of a good faith deposit prior to awarding the Bonds. The Deposit of the successful bidder will be invested solely for the benefit of the County, and no interest on the Deposit will accrue to the successful bidder. At closing, the principal amount of the Deposit will be applied, without interest, as partial payment for the Bonds. In the event that the successful bidder fails to comply with the terms of its bid, the Deposit and any interest earnings will be retained as and for full liquidated damages. If the County fails to deliver the Bonds, then the 4 Board of ommissioners - December 16, 2019 ITEM: 12- 2 - 4 Deposit and any interest earnings will be remitted to the successful bidder as and for full liquidated damages. The winning bidder shall assist the County in establishing the issue price of the Bonds and shall execute and deliver to the County at the time of delivery of the Bonds an "issue price" or similar cer- tificate setting forth the reasonably expected initial offering price to the public or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, sub- stantially in the form attached hereto, with such modifications as may be appropriate or necessary, in the reasonable judgment of the winning bidder, the County and Bond Counsel to the County. The County intends that the provisions of Section 1.148- 1(f)(3)(i) of the United States Treasury Regulations (defining "competitive sale" for purposes of establishing the issue price of bonds) will apply to the initial sale of the Bonds (the "competitive sale requirements ") because: (1) the Commission shall disseminate this Notice of Sale for the Bonds to potential underwrit- ers in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall have an equal opportunity to bid; (3) the Commission expects to receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (4) the Commission anticipates awarding the sale of the Bonds to the respective bidders who submit a firm offer to purchase the Bonds at the lowest interest cost as set forth in this Notice. Any bid submitted pursuant to this Notice shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event that the competitive sale requirements for the Bonds as specified above are not satisfied, the County shall so advise the winning bidder and the provisions set forth below shall apply. Upon such event, the County may determine to treat (i) the first price at which 10% of a maturity of the Bonds (the "10% test ") is sold to the public as the issue price of that maturity and/or (ii) the initial offering price to the public as of the sale date of any maturity of the Bonds as the issue price of that maturity (the "hold- the - offering -price rule "), in each case applied on a maturity -by- maturity basis. The winning bidder for the Bonds shall promptly advise the County upon the award of the Bonds of (i) the initial offering price to the public of each maturity of the Bonds and (ii) each maturity of the Bonds that satisfies the 10% test. Any maturities of the Bonds that do not satisfy the 10% test as of the date and time of award of the Bonds shall be subject to the hold- the - offering -price rule as described below. The winning bidder may not cancel its bid in the event that the hold -the- offering -price rule applies to any maturity of the Bonds. Bidders should prepare their bids on the assumption that some or all of the maturities of the Bonds will be subject to the hold- the - offering -price rule in order to establish the issue price of the Bonds in the event the competitive sale requirements for the Bonds are not satisfied. By submitting a bid for the Bonds, the winning bidder shall (i) confirm that the underwriters have offered or will offer the Bonds to the public on or before the sale date at the offering price or prices (the "initial offering price "), or at the corresponding yield or yields, set forth in the bid submitted by the winning bidder and (ii) agree, on behalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer nor sell unsold Bonds of any maturity to which the hold- the - offering -price rule shall apply to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of: (1) the close of the fifth (5th) business day after the sale date; or 5 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 5 (2) the date on which the underwriters have sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public. The winning bidder shall advise the County promptly after the close of the fifth (5th) business day after the sale date whether the underwriters sold at least 10% of each maturity of the Bonds subject to the hold the offering price rule to the public at prices that are no higher than the initial offering price for such maturity prior to offering or selling any Bonds of such maturity at a price higher than the initial offering price to the public. The County acknowledges that, in making the representations set forth above, the winning bidder will rely on (i) the agreement of each underwriter to comply with the requirements for estab- lishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold- the - offering -price rule, if applicable, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold- the - offering -price rule, if applicable, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter or a dealer who is a member of the selling group is a party to a third -party distribution agreement that was em- ployed in connection with the initial sale of the Bonds to the public, the agreement of each broker - dealer that is a party to such agreement to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold- the - offering- price rule, if applicable, as set forth in the third -party distribution agreement and the related pricing wires. The County further acknowledges that each underwriter shall be solely liable for its failure to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold- the - offering -price rule, if applicable, and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker - dealer that is a party to a third -party distribution agreement to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agree- ment to comply with the hold- the - offering -price rule, if applicable. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each third -party dis- tribution agreement (to which the bidder is a party) relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each un- derwriter, each dealer who is a member of the selling group, and each broker - dealer that is a party to such third -party distribution agreement, as applicable: (A) (1) to report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the delivery date of the Bonds has occurred, until it is notified by the winning bidder that either the 10% test has been satisfied as to the Bonds of that maturity, provided that the reporting obligation after the delivery date of the Bonds may be at reasonable periodic intervals or other upon request of the County (provided that with respect to any maturity of the Bonds that is subject to the hold- the - offering price rule, such reporting obligation shall only be for sale of the Bonds of that maturity that occur on or before the fifth (5th) business day after the sale date) and (2) to comply with the hold- the - offering- price rule, if applicable, if and for so long as directed by the winning bidder and as set forth in the related pricing wires; (B) to promptly notify the winning bidder of any sales of the Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below); and 6 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 6 (C) to acknowledge that, unless otherwise advised by the underwriter, dealer or bro- ker- dealer, the winning bidder shall assume that each order submitted by the underwriter, dealer or broker - dealer is a sale to the public; and (ii) any agreement among underwriters or selling group agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter or dealer that is a party to a third -party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker - dealer that is a party to such third -party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the delivery date of the Bonds has occurred, until it is notified by the winning bidder that either the 10% test has been satisfied as to the Bonds of that maturity, provided that the reporting obligation after the delivery date of the Bonds may be at reasonable periodic intervals or other upon request of the County (provided that with respect to any maturity of the Bonds that is subject to the hold- the - offering price rule, such reporting obligation shall only be for sale of the Bonds of that maturity that occur on or before the fifth (5th) business day after the sale date) and (B) comply with the hold- the - offering -price rule, if applicable, if and for so long as directed by the winning bidder or the underwriter and as set forth in the related pricing wires. Sales of any Bonds to any person that is a related party to an underwriter participating in the initial sale of the Bonds to the public shall not constitute sales to the public for purposes of this Notice. Further, for purposes of this Notice: (1) "public" means any person other than an underwriter or a related party; (2) "underwriter" means (A) any person that agrees pursuant to a written contract with the Commission or the County (or with the lead underwriter to form an underwriting syndicate) to partic- ipate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third -party distribution agreement participating in the initial sale of the Bonds to the public); (3) a purchaser of any of the Bonds is a "related party" to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct owner- ship by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corpo- ration or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other); and (4) "sale date" means the date that the Bonds are awarded by the Commission to the winning bidder. The CUSIP Service Bureau will be requested to assign CUSIP identification numbers to the bonds. Assignment of the CUSIP identification numbers is solely within the discretion of the CUSIP Service Bureau, and neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder to accept delivery of or pay for the bonds in accordance with the terms of his bid. All expenses in relation to the printing of CUSIP numbers on the bonds and the CUSIP Service Bureau charge for the assignment of said numbers shall be paid for by the County. 7 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 7 The Bonds will be delivered on or about February 11, 2020, against payment therefor in Federal Reserve funds. The unqualified approving opinion of Parker Poe Adams & Bernstein LLP, Raleigh, North Caro- lina, will be furnished without cost to the purchaser. There will also be furnished the usual closing papers. The right to reject all bids and to waive any irregularities or informalities is reserved. The County has in the Bond Resolution undertaken, for the benefit of the beneficial owners of the Bonds, to provide the information under the caption "CONTINUING DISCLOSURE" in the Of- ficial Statement in the manner provided therein. Copies of the Preliminary Official Statement and this Notice relating to the Bonds may be obtained from the Commission, 3200 Atlantic Avenue, Longleaf Building, Raleigh, North Carolina 27604 (919- 814 - 4300). The Preliminary Official Statement is deemed to be a final official statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission (the "Rule ") except for the omission of certain pricing and other information allowed to be omitted by such Rule to be made available to the successful bidder by the Commission in a Final Official Statement. By the submission of a bid for the Bonds, the successful bidder contracts for the receipt of up to one hundred (100) copies of the Final Official Statement which will be delivered by the Commission to the successful bidder by January 31, 2020. In order to complete the Final Official Statement, the successful bidder must furnish on behalf of the underwriters of the Bonds the following information to the Commission by facsimile transmission (919- 855 -5812) or overnight delivery received by the Com- mission within 24 hours after the receipt of bids for the Bonds: a. Initial offering prices (expressed as a price exclusive of accrued interest, or yield per ma- turity). The successful bidder must provide the initial public offering prices, as the County will not include in the Official Statement an "NRO" ( "not reoffered") designation to any ma- turity of the bonds. b. Selling compensation (aggregate total anticipated compensation to the underwriters ex- pressed in dollars). c. The identity of the underwriters if the successful bidder is a part of a group or syndicate. d. Any other material information necessary for the Final Official Statement but not known to the County or the Commission. Concurrently with the delivery of the Bonds, the County will deliver to the purchaser of the Bonds a certificate stating that the Preliminary Official Statement did not, as of its date, and the Final Offi- cial Statement does not, as of the date of delivery of the Bonds, contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, provided such certifi- cate shall not include consideration of information supplied by, or which should have been supplied by, the successful bidder for the Bonds for inclusion in the Final Official Statement. Further, the County Attorney will certify that there is no litigation pending or, to his knowledge, threatened against the County which would materially adversely affect the County's ability to meet its financial obliga- tions. In addition, concurrently with the delivery of the Bonds the Secretary of the Commission will deliver to the purchaser of the Bonds a certificate stating that nothing has come to his attention which would lead him to believe that the Preliminary Official Statement, as of its date and as of the date of 8 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 8 sale, and the Final Official Statement as of the date of delivery of the Bonds, contains an untrue state- ment of a material fact or omits to state a material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, provided such certificate shall not include consideration of information supplied by, or which should have been supplied by, the successful bidder for the Bonds for inclusion in the Final Official Statement. LOCAL GOVERNMENT COMMISSION Raleigh, North Carolina C Greg C. Gaskins Secretary of the Commission 9 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 9 COUNTY OF NEW HANOVER, NORTH CAROLINA $3,700,000* GENERAL OBLIGATION SCHOOL BONDS, SERIES 2020 CERTIFICATE AS TO ISSUE PRICE [NOTE: A certificate in substantially the following form will be required if the competitive bidding requirements described in the Notice of Sale are satisfied for the Bonds. If the competitive bidding requirements are not satisfied for the Bonds, a certificate evidencing compliance with the 10% test and /or the hold- the - offering -price rule (as each is described in the Notice of Sale), as applicable for each maturity, shall be required.] The undersigned, on behalf of [NAME OF UNDERWRITER REPRESENTATIVE] (the "Rep- resentative"), on behalf of itself and [NAMES OF OTHER UNDERWRITERS] (collectively, the "Un- derwriting Group "), hereby certifies as follows with respect to the sale of $3,700,000* General Obliga- tion School Bonds, Series 2020 (the "Bonds ") of the County of New Hanover. Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by are the prices listed in Schedule A (the "Expected Offer- ing Prices "). The Expected Offering Prices are the prices for the Maturities of the Bonds used by in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by to purchase the Bonds. (b) to submitting its bid. (c) the Bonds. The bid submitted by 2. Defined Terms. was not given the opportunity to review other bids prior constituted a firm offer to purchase (a) "Maturity" means Bonds with the same credit and payment terms. Bonds with different maturity dates are treated as separate Maturities. (b) "Public" means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term "related party" for purposes of this certificate generally means any two or more persons who have greater than 50% common ownership, directly or indirectly. (c) "Sale Date" means January 22, 2020. (d) "Underwriter" means (i) any person that agrees pursuant to a written contract with the County (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a third -party distribution agreement participating in the initial sale of the Bonds to the Public). *Preliminary; subject to change. 10 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 10 The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents 's interpretation of any laws, including spe- cifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the County with respect to certain of the representations set forth in the Tax Certificate and with respect to com- pliance with the federal income tax rules affecting the Bonds, and by Parker Poe Adams & Bernstein LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038 - G, and other federal income tax advice that it may give to the County from time to time relating to the Bonds. Signed this day of February, 2020. [Name of book - running senior manager] IM Title: 11 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 11 EXPECTED INITIAL OFFERING PRICES Due Principal Initial Public February 1 Amount Maturing Offering Price 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 [Attach Copy of Representative's Bid] 12 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 12 SCHEDULE A SCHEDULE B BID FOR BONDS , 2020 Local Government Commission 3200 Atlantic Avenue, Longleaf Building Raleigh, North Carolina 27604 Ladies and Gentlemen: Subject to the provisions and in accordance with the terms of the annexed Notice of Sale, which are hereby made apart of this bid, we make the following bid for the $3,700,000* aggregate principal amount of the County of New Hanover, North Carolina General Obligation School Bonds, Series 2020 (the 'Bonds'), described in said Notice of Sale, this bid being for not less than all of said Bonds: For the Bonds maturing on February 1 of the years and bearing interest as follows: Year of Principal Interest Year of Principal Interest Maturity Amount* Rate Maturity Amount* Rate 2021 $185,000 % 2031 $185,000 % 2022 185,000 % 2032 185,000 % 2023 185,000 % 2033 185,000 % 2024 185,000 % 2034 185,000 % 2025 185,000 % 2035 185,000 % 2026 185,000 % 2036 185,000 % 2027 185,000 % 2037 185,000 % 2028 185,000 % 2038 185,000 % 2029 185,000 % 2039 185,000 % 2030 185,000 % 2040 185,000 % we will pay $3,700,000* for said Bonds plus a premium of $ for all of said Bonds. We will accept delivery of said bonds at The Depository Trust Company in accordance with the Notice of Sale. We understand that if notified that we are the successful bidder, we will be required to advise the County, the financial advisor and the Commission by telephone of the initial offering prices and yields to the public of each maturity of the bonds at the time of such notification and, within 30 minutes, to confirm that information by facsimile transmission (919- 855 - 5812). *Preliminary, amount subject to change as described in this Notice. 13 Board ot Uommissioners - December 16, 2019 ITEM: 12- 2 - 13 One of the following two paragraphs must be checked and completed as appropriate: ( ) We enclose herewith a check for $74,000, as required by said Notice of Sale, payable uncon- ditionally to the order of the State Treasurer of North Carolina, which check is to be returned to us if this bid is not accepted, but otherwise is to be applied in accordance with said Notice of Sale. If this bid is the successful bid, then said check will be cashed in accordance with the terms of the Notice of Sale. Otherwise, said good faith deposit is to be returned to the undersigned. ( ) Agood faith deposit of $74,000 is not enclosed, but will be delivered to the State Treasurer of North Carolina by wire transfer by 2:00 P.M. on the date hereof if the undersigned is the successful bidder for the Bonds in accordance with the terms of the Notice of Sale. Said good faith deposit is to be applied in accordance with the terms of the Notice of Sale. The closing papers referred to in said Notice of Sale are to include a certificate, dated as of the day of the delivery of the Bonds, stating that there is no litigation pending or, to the knowledge of the signers of such certificate, threatened affecting the validity of the Bonds. (Name) (Firm) (No addition or alteration, except as provided above, is to be made to this bid, which may be de- tached from the annexed Notice of Sale. The Bidder may enter his calculation of true interest cost to be %. This information is neither required nor to be construed as apart of the foregoing bid.) 14 Board of ommissioners - December 16, 2019 ITEM: 12- 2 - 14 Ratings: Moody's: S &P: (See "Ratings" herein) PRELIMINARY OFFICIAL STATEMENT DATED JANUARY , 2020 o NEW ISSUE — Book -Entry Only y b 'o This Official Statement has been prepared by the Local Government Commission of North Carolina and the County of New Hanover, North Carolina (the "County') to provide information in connection with the sale and issuance of the Bonds described herein. A w w Selected information is presented on this cover page for the convenience of the user. To make an informed decision regarding the 0 Bonds, a prospective investor should read this Official Statement in its entirety. Unless indicated, capitalized terms used on this cover page have the meanings given in this Official Statement. U d � y N G ° y $3,700,000* F County of New Hanover, North Carolina b General Obligation School Bonds, Series 2020 U � d o Dated: Date of Delivery Due: As shown on inside cover page y Tax Exemption In the opinion of Parker Poe Adams & Bernstein LLP, Bond Counsel, ° E o o under existing law (1) assuming compliance by the County with certain w requirements of the Internal Revenue Code of 1986, as amended (the "Code "), interest on the Bonds (a) is excludable from gross income for .y federal income tax purposes, and (b) is not an item of tax preference for purposes of the federal alternative minimum tax, and (2) interest on the Bonds is exempt from State of North Carolina income taxation. See y "TAX TREATMENT" herein. : Redemption The Bonds are subject to optional redemption at the times and price set forth herein. o y Security The Bonds constitute general obligations of the County, secured by a w pledge of the faith and credit and taxing power of the County. o c o w d o w Interest Payment Dates February 1 and August 1, commencing August 1, 2020. yDenominations $5,000 or any integral multiple thereof. 0 Expected Closing /Settlement February 11, 2020. R Bond Counsel Parker Poe Adams & Bernstein LLP, Raleigh - ,North Carolina. w o Financial Advisor First Tryon Advisors, Charlotte, North Carolina. w ° c° o p ° Sale Date January 22, 2020. o° °3 Sale of Bonds Pursuant to sealed bids in accordance with the Notice of Sale. 0 F ° ° ° The date of this Official Statement is January _, 2020 *Preliminary; subject to change. Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 1 MATURITY SCHEDULE* $3,700,000* General Obligation School Bonds, Series 2020 Due February 1 of the Year Indicated Year of Principal Interest Maturity Amount Rate Yield 1 2021 $185,000 % % 2022 185,000 2023 185,000 2024 185,000 2025 185,000 2026 185,000 2027 185,000 2028 185,000 2029 185,000 2030 185,000 2031 185,000 2032 185,000 2033 185,000 2034 185,000 2035 185,000 2036 185,000 2037 185,000 2038 185,000 2039 185,000 2040 185,000 CUSIP2 *Preliminary; Subject to change. 'Information obtained from the underwriters of the Bonds. 2 CUSIP® is a registered trademark of the American Bankers Association. CUSIP Global Services is managed on behalf of the American Bankers Association by S &P Capital IQ. CopyrightO2019 CUSIP Global Services. All rights reserved. CUSIP data herein is provided by S &P Capital IQ, a division of McGraw -Hill Financial, Inc. CUSIP data herein is provided for convenience of reference only. The Local Government Commission, the County and their respective agents do not take responsibility for the accuracy of such data. Also, investors should be aware that under certain circumstances the CUSIP identification number assigned to a maturity of the Bonds may be changed to a new replacement number. Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 2 COUNTY OF NEW HANOVER, NORTH CAROLINA Board of Commissioners JuliaOlson- Boseman ................................................................... ............................... ..........................Chair PatriciaKusek .............................................................................................. ............................... Vice -Chair Chris Coudriet ................ Lisa Wurtzbacher ........... Wanda M. Copley, Esq... Jonathan Barfield, Jr. Woody White Rob Zapple County Staff ............................... County Manager ..................... Chief Financial Officer ............................... County Attorney Financial Advisor First Tryon Advisors Charlotte, North Carolina Bond Counsel Parker Poe Adams & Bernstein LLP Raleigh, North Carolina i Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 3 TABLE OF CONTENTS Page Introduction.................................................................................................................. ............................... 1 The Local Government Commission Of North Carolina ............................................ ............................... 1 TheBonds ...................................................................................................................... ............................... 1 Description................................................................................................................. ............................... 1 RedemptionProvisions ............................................................................................. ............................... 2 Authorizations and Purposes ................................................................................... ............................... 2 Security...................................................................................................................... ............................... 2 Bankruptcy................................................................................................................ ............................... 2 TheCounty ...................................................................................................................... ............................... GeneralDescription .................................................................................................... ............................... DemographicCharacteristics ..................................................................................... ............................... Business and Economic Profile .................................................................................. ............................... EconomicData ............................................................................................................. ............................... Employment................................................................................................................ ............................... Government and Major Services ................................................................................ ............................... Government Structure ............................................................................................ ............................... Education................................................................................................................. ............................... Transportation......................................................................................................... ............................... HumanServices ....................................................................................................... ............................... PublicService Enterprises ...................................................................................... ............................... SolidWaste .............................................................................................................. ............................... DebtInformation ......................................................................................................... ............................... LegalDebt Limit ..................................................................................................... ............................... Outstanding General Obligation Debt ................................................................... ............................... GeneralObligation Debt Ratios ............................................................................. ............................... General Obligation Debt Service Requirements ................................................... ............................... General Obligation Bonds Authorized And Unissued .......................................... ............................... General Obligation Debt Information For Underlying Units As Of June 30, 2019 ............................ OtherLong -Term Commitments ............................................................................ ............................... DebtOutlook ............................................................................................................ ............................... TaxInformation .......................................................................................................... ............................... GeneralInformation ................................................................................................ ............................... TaxCollections ........................................................................................................ ............................... Ten Largest Taxpayers for Fiscal Year 2018- 19 ....................................................... ............................... BudgetCommentary ................................................................................................... ............................... PensionPlans .............................................................................................................. ............................... Other Post - Employment Benefits .............................................................................. ............................... Litigation..................................................................................................................... ............................... ContinuingDisclosure .................................................................................................... ............................... TaxTreatment ................................................................................................................ ............................... FinancialAdvisor ............................................................................................................ ............................... Ratings............................................................................................................................ ............................... Underwriting.................................................................................................................. ............................... Miscellaneous.............................................................................................................. ............................... Appendices A— The North Carolina Local Government Commission ............................. ............................A -1 B — Certain Constitutional, Statutory, and Administrative Provisions Governing or Relevant to the Incurrence of General Obligation Bonded Indebtedness by Units of Local Government of the State of North Carolina ....................................... ............................... B -1 C — Management Discussion and Analysis .................................................... ............................... C -1 D— Financial Information ............................................................................. ............................... D -1 E — Proposed Form of Legal Opinion ............................................................. ............................... E -1 F— Book -Entry OnlySystem ...................................................................................... ............................F -1 u Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 4 O�oNRTMew 2P , ,�•e NORTH CAROLINA DEPARTMENT OF STATE TREASURER 5 , y STATE TREASURER OF NORTH CAROLINA rbOry �,,a� DALE R FOLWELL, CPA LOCAL GOVERNMENT COMISSION STATE AND LOCAL GOVERNMENT FINANCE DIVISION GREGORY C. GASKINS, DEPUTY TREASURER INTRODUCTION This Official Statement, including the cover page and the appendices, is intended to furnish information in connection with the public invitation for bids for the purchase of $3,700,000* General Obligation School Bonds, Series 2020 (the "Bonds "), of the County of New Hanover, North Carolina (the "County"). The information furnished herein includes a brief description of the County and its economic condition, government, debt management, tax structure, financial operations, budget, pension plans and contingent liabilities. The County has assisted the Local Government Commission of North Carolina (the "Commission ") in gathering and assembling the information contained herein. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy any securities other than the Bonds offered hereby, nor shall there be any offer or solicitation of such offer or sale of the Bonds in any jurisdiction in which it is unlawful for any person to make such offer, solicitation or sale. Neither the delivery of this Official Statement nor the sale of any of the Bonds implies that the information herein is correct as of any date subsequent to the date hereof. The information contained herein is subject to change after the date of this Official Statement, and this Official Statement speaks only as of its date. This Official Statement is deemed to be a final official statement with respect to the Bonds within the meaning of Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended (the "Rule "), except when it is in preliminary form, for the omission of certain pricing and other information to be made available by the successful bidder or bidders for the bonds by the Commission. In accordance with the requirements of the Rule, the County has agreed in a resolution adopted by the Board of Commissioners of the County to certain continuing disclosure obligations. See the caption "CONTINUING DISCLOSURE" herein. THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA The Commission, a division of the Department of State Treasurer, State of North Carolina (the "State "), is a State agency that supervises the issuance of the bonded indebtedness of all units of local government and assists these units in the area of fiscal management. Appendix A to this Official Statement contains additional information concerning the Commission and its functions. THE BONDS Description The Bonds will be dated the date of their delivery and will bear interest from that date. Interest on the Bonds will be payable on each February 1 and August 1, commencing August 1, 2020. Subject to the redemption provisions set forth herein, the Bonds will mature on the dates and in the amounts set forth on the inside cover page of this Official Statement. *Preliminary; subject to change. Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 5 The Bonds will be issuable as fully registered bonds in a book -entry system maintained by The Depository Trust Company, New York, New York ( "DTC "). DTC will act as securities depository for the Bonds. Purchases and transfers of the Bonds may be made only in authorized denominations of $5,000 and in accordance with the practices and procedures of DTC. See Appendix F hereto for a description of the book -entry system and DTC. Redemption Provisions The Bonds maturing on or before February 1, 2030 will not be subject to redemption prior to their maturities. The Bonds maturing on or after February 1, 2031 will be subject to redemption prior to their maturities at the option of the County, from any money that may be made available for such purpose, either in whole or in part on any date on or after February 1, 2030 at a redemption price of the principal amount of Bonds to be so redeemed, plus interest accrued to the redemption date. If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected in such manner as the County may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. So long as a book -entry system with DTC is used for determining beneficial ownership of Bonds, if less than all of the Bonds within a maturity are to be redeemed, DTC and its participants shall determine which of the Bonds within a maturity are to be redeemed. Notice of redemption shall be given by certified or registered mail to DTC or its nominee as the registered owner of the Bonds. Such notice shall be mailed not more than 60 days nor less than 30 days prior to the date fixed for redemption, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC, or its nominee, is not the registered owner of the Bonds, the County will give notice of redemption to the then - registered owners of the Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. The County will also mail or transmit by facsimile or in electronic format a copy of the notice of redemption within the time set forth above (1) to the Local Government Commission of North Carolina (the "Local Government Commission ") and (2) to the Municipal Rulemaking Securities Board (the "MSRB ") through the Electronic Municipal Market Access ( "EMMA ") system. If at the time of mailing of the notice of redemption there is not on deposit money sufficient to redeem the Bonds called for redemption, such notice may state that it is conditional on the deposit of money for the redemption on the date of redemption as set forth in the notice. Any notice, once given, may be withdrawn by notice delivered in the same manner as the notice of redemption was given. Authorizations and Purposes The Bonds are being issued pursuant to The Local Government Finance Act and a bond order adopted by the Board of Commissioners of the County on August 11, 2014, which Bonds were approved by voters at a referendum held on November 4, 2014; and a bond resolution adopted by the Board of Commissioners of the County on December 16, 2019. The Bonds are being issued to provide funds, together with other available funds, for construction of and improvements to school facilities in the County. 2 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 6 Security The Bonds are general obligations of the County. The County is authorized by law to levy on all property taxable by the County such ad valorem taxes as may be necessary to pay the Bonds and the interest thereon without limitation as to rate or amount. Bankruptcy The County is a unit of state government and therefore is not subject to the involuntary procedures of Title 11 of the United States Code (the "Bankruptcy Code "). Pursuant to Chapter 9 of the Bankruptcy Code, a local governmental unit that satisfies the requirements of section 109(c) of the Bankruptcy Code may seek voluntary protection from its creditors for purposes of adjusting its debts. However, under North Carolina law, a local governmental unit such as the County may not file for bankruptcy protection without the consent of the Commission. While the Bonds are outstanding, the provisions of the Bankruptcy Code and applicable North Carolina law may be amended, supplemented or repealed; therefore, it is not possible to predict whether and under what conditions the County may be authorized to become a debtor in a bankruptcy case and how any such bankruptcy case might affect purchasers of the Bonds in the future. If the County were to initiate bankruptcy proceedings under Chapter 9 with the consent of the Commission, the bankruptcy proceedings could have material and adverse effects on holders of the Bonds, including (a) the application of the automatic stay provisions of the Bankruptcy Code, which, until relief is granted, would prevent collection of payments from the County or the commencement of any judicial or other action for the purpose of recovering or collecting a claim against the County; (b) the incurrence of additional debt, including the claims of those supplying goods and services to the County after the initiation of bankruptcy proceedings and the expenses of administering the bankruptcy case, which may have a priority of payment superior to that of the purchasers of the Bonds; and (c) the possibility of the adoption of a plan for the adjustment of the County's debt without the consent of all of the purchasers of the Bonds, which plan may restructure, delay, compromise or reduce the amount of the claim of the purchasers of the Bonds if the bankruptcy court finds that such a plan is fair and equitable. The effect of the provisions of the Bankruptcy Code on the rights and remedies of the purchasers of the Bonds cannot be predicted with certainty and may be affected significantly by judicial interpretation, general principles of equity, and considerations of public policy. Regardless of any specific adverse determinations in a bankruptcy case of the County, the fact of such a bankruptcy case could have an adverse effect on the liquidity and value of the Bonds. U 01, 8 D K1 i1_j02 U Mil General Description The County is located in the tidewater section of southeastern North Carolina, set between the Atlantic Ocean and the Cape Fear River. The surrounding terrain is low lying, with an average elevation of less than 40 feet above sea level, with the highest elevation being approximately 75 feet above sea level. The County's land area totals approximately 220 square miles. Of this total, 21 square miles consist of water and wetlands. The County is the second smallest in land area and the sixth most densely populated county in the State of North Carolina (the "State "). The City of Wilmington (the "City ") is the County seat and the County's largest population center. Other population centers in the County include the towns of Wrightsville Beach, Carolina Beach and Kure Beach. The County's beaches provide miles of unspoiled natural beauty and are the area's most popular tourist attractions. The County is the eastern terminus of Interstate Highway 40, a transcontinental route ending in Barstow, California. 3 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 7 Demographic Characteristics The United States Department of Commerce, Bureau of the Census, has recorded the population of the County to be as follows: 1990 2000 2010 120,284 160,307 202,681 The North Carolina Office of State Budget and Management has estimated the population of the County to be as follows: 2014 2015 2016 2017 2018 216,955 220,108 225,369 229,501 232,248 Per capita income figures for the County and the State are presented in the following table: YEAR COUNTY STATE U.S. 2014 $ 40,459 $ 40,064 $47,658 2015 42,261 41,851 48,978 2016 42,769 42,651 49,870 2017 43,722 44,180 51,885 2018 45,290 46,117 54,446 Source: United States Department of Commerce, Bureau of Economic Analysis — As of November 2018, latest available data. Business and Economic Profile The County is a commercial center in southeastern North Carolina and its economic profile consists of a diverse mixture of education, healthcare, manufacturing and service industries. The area's commercial and industrial base is diversified, with a mix of local, regional, national and international companies. Local industries are involved in a range of operations from simple assembly to advanced manufacturing processes producing products such as synthetic fibers, fiber optics, nuclear fuel and jet engine components. Higher Education. The two institutions of higher education located in the County are the University of North Carolina at Wilmington and Cape Fear Community College. The University of North Carolina at Wilmington ( "UNCW'), was founded as Wilmington College in 1947 and designated a university in 1969. UNCW, located between the Cape Fear River and the Atlantic Ocean, is the only public university in southeastern North Carolina. The University offers 56 undergraduate degree programs, 36 master's degree programs and four doctoral degrees. The fall 2019 enrollment for undergraduate and graduate students was nearly 17,500- In 2018, UNCW ranked #14 on the U.S. News and World Report list of Best Regional Universities (South), up from #16 the previous year. The University has five graduate programs on the new U.S. News & World Report list of 2019 Best Graduate Schools. UNCW is a featured school on The Princeton Review's list "2018 Best Colleges: Region by Region" and in the Fiske Guide to Colleges 4 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 8 2018, which highlights the nation's "best and most interesting" colleges and universities. Just last month, UNCW was rated among the Top 100 Public National Universities in the United States in U.S. News and World Report's extensive annual rankings of universities and colleges. Considered the highest classification, U.S. News & World Report's National University designation is for schools that "offer a full range of undergraduate majors, plus master's and doctoral programs, and emphasize faculty research or award professional practice doctorates." Also located in the County, Cape Fear Community College ( "CFCC "), was founded in 1958 and is the sixth largest school in the North Carolina Community College System. The school is a major economic development partner in southeastern North Carolina. CFCC provides world -class training and quality higher education to more than 23,000 students each year. CFCC has more than 60 technical degree programs in a wide range of areas which offer hand -on training. In November 2008, voters passed a $164 million Community College Bond referendum, all of which have been issued, to provide CFCC with funding to expand its facilities to include Union Station, a parking deck, a Humanities and Fine Arts Building and an Advanced and Emerging Technologies Center. Union Station, which opened in August 2013, is a 259,000 square -foot building that includes classrooms and labs for health sciences programs, general classrooms, biology labs, student services, admissions and a large reception hall for college and community events. The Hanover parking deck was completed in March 2012 and added 1,186 parking spaces to the downtown parking inventory. The Humanities and Fine Arts Building, which opened in 2015, is a state -of- the -art center for humanities and fine arts programs, as well as serving as an additional venue for cultural events in the County. The Center is a powerful investment in the arts for current and future students, and for the community. Construction of the Advanced and Emerging Technologies Center commenced in August 2015 and was opened in June 2017. It is comprised of three buildings: a 74,000 square -foot technology building, a 30,000 square -foot space for the college's diesel and heavy equipment program, and 23,000 square feet for a brand new veterinary tech program, only the fifth such program in the State. In addition to bond proceeds from the $164 million referendum, the County has made the following capital contributions to CFCC: $10,862,177 in fiscal year 2018 and $- 10,852,593 in fiscal year 2019, with $11,027,248 budgeted in fiscal year 2020. Healthcare and Medical Facilities. New Hanover Regional Medical Center is a nonprofit corporation and a County -owned hospital that operates a network of hospital and health care related facilities and services, located in the City (hereinafter collectively referred to as the "Health Care System'). The Health Care System, includes a tertiary referral health care center with 694 beds (the `Main Campus'), and the NHRMC Orthopedic Hospital with 75 licensed beds. The Health Care System is owned by the County and serves as the primary hospital for a three - county area, as well as a tertiary hospital for a seven - county area. The Health Care System provides an emergency department with 24 -hour service, a 60 -bed rehabilitation hospital and a 62 -bed psychiatric hospital. The Health Care System has responsibility for emergency medical services in the County, including Air Ambulatory Service. Carolina Healthcare Associates, Inc. (doing business as NHRMC Physicians Group), incorporated in 1997 as a 501(c)(3) nonprofit corporation, is governed by New Hanover Regional Medical Center. Carolina Healthcare Associates provides an integrated primary and specialty care physician practice network to New Hanover Regional Medical Center in the form of physician and nurse practitioner services in hospital -based clinics and independent offices throughout the New Hanover Regional Medical Center service area. The Board of Commissioners of the County provides oversight, among other things, for the Health Care System by appointing members to the New Hanover County Regional Medical Center's Board of Trustees. In the late 1990's, Lower Cape Fear Hospice became an affiliated organization of New Hanover Regional Medical Center, but is not considered a part of the Health Care System. During fiscal year 1999, Pender Memorial Hospital, Inc. became an affiliated organization of New Hanover Regional Medical Center through a 20 -year operating agreement. A two -year extension to the operating 5 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 9 agreement was signed in 2019. Pender Memorial provides inpatient, outpatient, and emergency care services to the residents of Pender County and vicinity. During fiscal year 2008, the Health Care System completed construction on a new 194,995 square foot Women's and Children's Center and 196,804 square foot surgical pavilion. In 2011, the Health Care System completed a major facility improvement and expansion at its Main Campus, which included renovations to the patient tower. This capital improvement project resulted in the renovation of approximately 289,320 square feet of space. In 2015, the Health Care System opened a 30,000 square foot, stand -alone emergency department in the northern part of the County. In 2017, it completed a construction project to double its emergency department patient care areas at the Main Campus from 54 to 108 treatment areas. Also, in 2017, it started the construction of a 134,000 square foot Orthopedic and Spine Hospital, which should be complete by the summer of 2020. In 2018, the Health Care System completed construction of a 5 -level parking deck with 720 parking spaces and a skybridge over South 17th Street, and renovations to the Zimmer Cancer Center and Intensive Care Unit. Funding for these capital improvement projects was from a combination of proceeds of tax - exempt bonds and accumulated reserves and was approved by the North Carolina Department of Health and Human Services under its certificate of need process. On September 16, 2019, the Board of Commissioners of the County declared its intent to consider, with respect to the Health Care System, the sale of or affiliation with a larger healthcare system. To assist in the evaluation of whether such sale or affiliation is in the best interest of the County, the Health Care System and the community, the Board of Commissioners of the County issued a request for proposals to solicit from interested parties proposals for an affiliation with the Health Care System through the purchase of facilities and assets associated with the Health Care System. The Board of County Commissioners and the Health Care System =will review any such proposals and consider community input at public hearings before making any decision to sell affiliate or maintain its current corporate structure. Whatever decision is made, the County does not expect it to materially adversely affect the financial condition of the County. Although no assurances can be made, the County does not expect any such sale or affiliation to materially adversely affect the financial condition of the County. Manufacturing and Business Services. General Electric ("GE), a longtime corporate resident of the County, has contributed significantly to the County's economic growth and its surrounding vicinities. GE Aviation's Castle Hayne plant manufactures jet engine parts that are used on commercial and military aircraft built by Boeing, Airbus and other airframe manufacturers. In 2013, the County approved an incentive package for GE worth $175,000 per year for five consecutive years in which GE agreed to invest $63 million in new capital investment at the Castle Hayne plant. GE received the fifth incentive payment in 2018 as the company has met the prescribed capital investment and job creation goals each year. The State has also agreed to provide a series of incentive grants to GE Aviation. The plant has experienced a stable workforce of approximately 650 employees and has been awarded manufacturing positions on GE's next generation of commercial aircraft engines. Other GE ventures include General Electric — Hitachi Nuclear Energy which made $41 million in capital expenditures over a three -year period (2005 — 2008). GE Hitachi Global Laser Enrichment ( "GLE") is using the Australian Laser enrichment technology known as Separation of Isotopes by Laser Excitation to enrich natural UF6 gas in the uranium -235 isotope at GLE's nuclear fuel fabrication facility in the County. In 2001, GE Energy, Toshiba and Hitachi formed a joint venture named Global Nuclear Fuel Americas, which is headquartered in the County. The joint venture combines the design, manufacturing and marketing operations of its parent companies to manufacture light -water nuclear reactor fuel. 6 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 10 Pharmaceutical Product Development, Inc. ( "PPD") maintains its worldwide headquarters in the County. PPD is a leading global contract research organization that provides comprehensive, integrated drug development, laboratory and life cycle management services. PPD's clients and partners include pharmaceutical, biotechnology, medical device, academic and government organizations. PPD applies innovative technologies, therapeutic expertise and a firm commitment to quality, to help clients and partners bend the cost and time curve of drug development to deliver life - changing therapies that improve health. The County and the City approved the execution and delivery of a business investment grant agreement in connection with the construction of a new PPD world headquarters facility in downtown Wilmington. The grant was contingent on the construction of a facility with a direct investment of $80 million and an increase in the local workforce of 1,000 additional jobs commencing in the sixth year following the year in which the occupancy date occurs. PPD received the last of the five incentive payments in October 2017. Occupancy of the headquarters building and an adjacent parking structure occurred in 2009. PPD employs approximately 1,500 individuals in the City out of a global workforce of 20,000 people in more than 47 countries. Corning Incorporated operates an optical fiber plant in the County and employs approximately 1,000 people. Corning invented the first commercially viable low -loss optical fiber in 1970 and continues to be the global market leader in the industry. Corning offers a full line of single -mode and multi -mode fibers for all network applications. In 2011, Corning introduced SMF- 28e + ®LL optical fiber, a fiber that extends network distances for long -haul, metro, and access applications. In 2012, Corning introduced ClearCurve ®VSDNO optical fiber, a new ultra - bendable optical fiber for consumer electronics. In 2013, Corning introduced SMF -288 Ultra optical fiber, and enhanced single -mode optical fiber for improved performance in long -haul, metro, access, and FTTH networks. Fortron Industries is a joint venture between Ticona and Kureha Corporation. Fortron Industries uses polyphenylene sulfide (PPS) production technology that incorporates Kureha's advanced environmentally friendly "one unit" process as well as Ticona's sales, marketing, distribution, compounding and polymer manufacturing expertise. The Fortron linear polyphenylene sulfide (PPS) plant is the world's largest PPS operation with a nameplate capacity of 15,000 metric tons per year. In 2012, the state -of- the -art plant set a new production record, positioning it to satisfy the robust global demand in electrical and electronics automotive, and industrial applications for Fortron polyphenylene sulfide. The year 2012 also marked Fortron Industries 20th anniversary in the County. The County has approved $500,000 worth of incentives, contingent on Fortron making a $50 million investment in capital improvements to its County facility and retaining its 60 full -time jobs and 40 contract positions. This is Fortron's second incentive package from the County. The County paid $1.75 million between 2008 and 2010 in exchange for an $80 million expansion. That expansion doubled the company's manufacturing capacity. Castle Branch, one of the top 10 background screening and compliance tracking solutions companies in the nation, completed construction of an $8 million, 54,000 square feet headquarters building in April 2014. The County approved a $250,000 economic incentive grant, which was contingent upon Castle Branch completing construction of the headquarters office building and hiring 400 new full -time employees in addition to the current staffing of 200 employees. In November 2019, Castle Branch will receive the fifth and final incentive payment. The City also approved an appropriation of $250,000 in economic incentives for Castle Branch. National Gypsum Company is a privately -held company and is the nation's second largest producer of gypsum wallboard, and a leading supplier of interior finishing products and cement board to buyers in the construction industry. National Gypsum operated its County facility from 1979 through 2009, when the global financial meltdown dramatically slowed residential and commercial construction, forcing National Gypsum to idle its facility in the County. In May 2018, National 7 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 11 Gypsum announced that it would reopen the production facility in the County, investing $25 million over the next five years in new infrastructure and equipment, and creating at least 51 jobs. The plant supports the company's production of specialty gypsum board including its family of PURPLED mold - and moisture - resistant products. Much of National Gypsum's finished product will be shipped via rail, therefore, the investment in the County location includes construction of a new rail spur to the plant. The plant became fully operational in November 2018. The County has approved a performance -based incentive of $350,000 over a five -year period and the first incentive payment was received in November 2019. The City has also approved an incentive of up to $230,000 over the next five years. The County has partnered with the Cape Fear Public Utility Authority to bring water and sewer infrastructure to a largely industrial section of the County along the 421 corridor. This project will aid in making sites in the area more attractive to businesses which is expected to lead to increased businesses in the area, thus increasing quality jobs and the overall County tax base. The project is currently under construction and is expected to be completed during fiscal year 2020.. - Real Estate Development. The Mayfaire mixed use development ( "Mayfaire ") commenced construction in 2004. Mayfaire includes more than 400 acres and has a wide range of residential, retail, and office development with 140 acres of open space and an estimated cost of $400 million. In May 2004, the Town Center portion of the project opened with more than 386,000 square feet of restaurant and retail space. In September 2007, portions of Phase II and an 80,000 square foot grocery- anchored retail center opened, bringing the total to more than 650,000 square -feet of retail, restaurant and hotel space. Recent additions to Mayfaire include a 100,000 square foot addition to the Community Center portion of Mayfaire anchored by Dicks Sporting Goods. The construction of eight additional retail spaces in the Town Center portion ranging in size from 2,500 square feet to a two - story, 29,000 square -foot building with tenants such as H &M, Palmetto Moon and Sola Salon was completed in late 2016. Recent years have also seen an increase in office development with more than 105,000 square feet of new office buildings constructed. These new buildings are fully occupied. Mayfaire also boasts a wide range of residential units, with 84 condominiums in mixed use buildings, 212 free - standing condominiums, more than 100 single family detached homes in a neo- traditional setting and a for -rent apartment component. Another mixed -use development known as "Autumn Hall" commenced development in 2007. The total development is estimated to have a value of $420 million and is expected to be complete by 2022. The development includes more than 200 acres and has been master - planned to accommodate a wide range of residential, retail and office development, to include 178 single - family residential lots, 403,000 square -feet of retail space, 355,000 square -feet of office space, a 135 -room hotel and 51 acres of common/open space. Approximately 178 single - family home sites and 120 homes have been constructed to date. A 40,000 square -foot medical office facility was completed in 2008 and is occupied by the New Hanover Regional Medical Center. In 2012, "Headwaters" at Autumn Hall, a 286 -unit apartment complex situated on a 14 -acre site, was completed and currently has an occupancy rate of over 98 %. In late 2015, "Carolina Bay" at Autumn Hall, a continuing care retirement community, opened and is owned and operated by Liberty Healthcare. Carolina Bay represents a significant investment in the Autumn Hall project by Liberty Healthcare and offers rental and ownership options for the more than 350 future residents. A 24,488 SF Class A Office building (Dungannon Village) was completed in May 2017 and is currently fully leased. River Bluffs is a gated coastal village and river club community located in the Castle Hayne area of the County. Amenities include 3,000 feet of navigable river frontage, a 188 -slip Marina, a 10,000 square foot River Club, a Riverwalk, multiple parks, a general store and community post office. River Bluffs encompasses 315 acres with approximately 600 approved home sites and is being developed on a philosophy of sustainability and environmental preservation. It will be the area leader in innovative low- impact development techniques. The developers of River Bluffs are ensuring that more than a third of the historic land be permanently preserved as open space, trails and parks. The W Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 12 total cost of River Bluffs is estimated to be $292,000,000 and is expected to be completed in 2025. Site work began in 2013 on the infrastructure and the first phase of 138 homes sites. Amenities such as the pool, fitness center, post office and the Cafe and Market were completed in 2018. The Riverwalk, a 2,700 foot walkway that skirts the Northeast Cape Fear River, allows residents to bask in the natural beauty of the community while enjoying the outdoors, was completed in Fall of 2018. Work has begun on the next set of marina amenities to include a boathouse, community fire pit and marina parking and also the marina expansion. Another coastal community in the southern part of the County is RiverLights, situated along a 3 -mile stretch of the Cape Fear River. This 1,400 -acre river - oriented community will include approximately 2,300 homes, including a mix of townhomes, diverse single - family home options, an age - qualified neighborhood, a 30 -acre lake with lakeside amenity center, a mixed use commercial area, and an activated Marina Village featuring a 112 -slip marina and dockmaster, live -work opportunities, shops, restaurants, a boardwalk, a crab dock, event lawn, and miles of trails to connect from the river into the community's multiple neighborhoods. The community held its grand opening in December 2016 and full build out is estimated to be complete in eight to ten years. There are also 2 more mixed -use development communities, The Avenue and Centerpoint that are being planned for the County. The Avenue is a 44 -acre, $200 million community to be anchored by a Westin Hotel and include apartments, offices and high -end exclusive retailers and restaurants, construction has not started yet but the project is moving along. Centerpoint is a 23 -acre, $250 million development that will include shopping, dining, apartment homes, a medical center and a seven -story hotel. Site work and construction is expected to begin in the first quarter of 2020. Tourism and Film Industry. Tourism is a vital part of the area's economic component in terms of employment and revenues. Nearby beaches, the historic river front area, the USS North Carolina Battleship Memorial and the North Carolina Aquarium at Fort Fisher, are among the attractions for tourism business. A variety of special events held annually, such as the Azalea Festival and Riverfest, add to the area's appeal to tourists. The New Hanover County Tourism Development Authority ( "TDA') was established to expand the tourism industry and to maintain the health of the local economy. Funded in large part by a room occupancy tax, the TDA serves as an umbrella organization representing all of the services available to visitors. According to the TDA, tourism generated revenues within the County were approximately $612 million in 2018 (the latest year for which data is available), which represents an increase of 6% over the previous year. For 2018, the County ranked eighth among North Carolina's 100 counties in tourism expenditures. An indicator of the level of tourism in the County is the room occupancy tax collections. The room occupancy tax is imposed on the rental of hotel rooms at a rate of 6 %. The gross sales revenues on which this tax is imposed are shown in the following table: Fiscal Gross % Increase Year Revenues (Decrease) 2015 $171,884,116 9.29% 2016 184,406,107 7.29 2017 208,329,803 12.97 2018 215,684,328 3.53 2019 266,187,471 23.42 Source: North Carolina Department of Commerce and TDA. The filmmaking industry has been an important economic force in the County since the construction of production facilities in 1983 by DEG Inc. Now owned by EUE Screen Gems Studios, 9 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 13 the studio has nine fully equipped sound stages and one super stage. The super stage is 37,000 square feet of open floor space with a water tank holding 450 tons of water, setting this stage apart from any other on the East Coast. In an effort to attract the big production companies, local companies have invested in new equipment and state -of- the -art technology. The Studio has also invested in additional lighting and grip equipment to expand its capabilities. The County continues to be one of the most productive and cost - effective filmmaking destinations. Since 1983, the County has hosted more than 350 feature films, mini - series, and "movies of the week ", as well as eight television series, along with numerous commercials and music videos. Producers continue to utilize the available resources for filmmaking and it is expected that the studio will remain a popular facility in the State. Film and television productions decreased in 2015, due to reduced funding to the State's Film Grant Fund. During 2019, film and television productions will spend approximately $150 million in the region. This will equal the spending from 2016, 2017, and 2018 combined. The State has stabilized the Film and Entertainment Grant Fund with recurring funding in the amount of $31 million annually and removed the sunset from the program. Shipping. The North Carolina State Port at Wilmington (the "State Port "), located on the east bank of the Cape Fear River, is one of two deep water harbors in the State. The Port of Wilmington is one of the few southern ports with readily available berths and storage areas for containers and cargo. Specifically, it offers terminal facilities serving container, bulk, breakbulk, and roll -on roll -off operations. It offers a deep 42 -foot navigational channel, nine berths with 6,768 feet of wharf frontage and four post - Panamax container cranes. Additionally, the port offers almost one million sq. ft. of prime covered and sprinklered storage, as well as 100+ acres of paved and 25 acres of enhanced open storage area. Modern transit and warehouse facilities and the latest in cargo management technology provide a broad platform for supporting international trade to the fast - growing southeast U.S. market. Imports and exports include chemicals, metal products, general merchandise, forest products, salt, wood pulp, wood chips, and food. All customs services, including a Classification and Value Section, are available. Foreign Trade Zone 66, with warehouses, assembly areas and 100 acres of open storage, is accessible by rail or truck. In addition, the 42 -foot navigational channel offers customers additional vessel capacity. Port of Wilmington Cold Storage ( "PWCS'), is a new, 101,000 square foot refrigerated warehouse used to maintain specific temperatures for the storage of perishable goods, such as fruits, vegetables and proteins. The warehouse, which opened in August 2016, is located within the gates of the State Port and is not only the first in -port cold storage facility in the State, but one of a select few such facilities in the entire nation. PWCS is a joint venture of USA InvestCo and the NC State Ports Authority. The total cost of the project was $17.5 million, which included pre - development, construction and opening operating expenses. As part of its ongoing infrastructure investment plan, North Carolina Ports has installed three new neo- Panamax ship -to -shore cranes. Between the turning basin project, various berth improvements, the expansion of the container yard and the addition of new cranes, North Carolina Ports has committed over $200 million into its infrastructure improvements, which will enable shippers to gain unprecedented access to the east coast. The terminal renovations will double the port's annual throughput capacity to 1.2 million TEU's and triple its refrigerated container capacity to 1,000 plugs. The State Port at Wilmington is operated by the North Carolina State Ports Authority. 10 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 14 Economic Data The following table lists the major manufacturing and non - manufacturing establishments, service companies and institutions in the County: Source: Greater Wilmington Business Journal 2019 Book on Business (released January, 2019); list is based on voluntary response to a Business Journal survey. Corning Inc. employs approximately 1,000 at its Wilmington plant, but does not disclose employment numbers by location citing competitive reasons. Large industries located outside but near the County, which are major employers of the County's residents, include International Paper Company (approximately 750 employees) and Duke Energy Progress- Brunswick Nuclear Plant (approximately 1,770 employees). The following table illustrates building activity in the County for the five indicated fiscal years by reference to issued permits: NON- RESIDENTIAL TOTAL FISCAL YEAR ENDED NUMBER OF RESIDENTIAL VALUE VALUE VALUE JUNE 30 PERMITS (IN 000'S) (IN 000'S) (IN 000'S) 2015 22,986 APPROXIMATE $129,310 $579,700 NUMBER OF COMPANY OR INSTITUTION PRODUCT OR SERVICE EMPLOYEES Manufacturing 2017 24,425 General Electric Company Components and Fuel for Nuclear 856,426 2018 Production of Electricity and Jet 583,126 344,462 Engine Components 2,800 Corning, Inc. Optical Wave Guides 1,000 Non - Manufacturing New Hanover Health Network Health Care 7,138 New Hanover County Board of Public Education Education 4,240 Wal -Mart Stores Retail Sales 2,414 The University of North Carolina at Higher Education Wilmington 2,024 New Hanover County County Government 1,750 Pharmaceutical Product Development Pharmaceuticals Testing 1,500 Verizon Wireless Telecommunications -Call Centers 1,167 City of Wilmington Municipal Government 1,077 Cape Fear Community College Higher Education 595 Source: Greater Wilmington Business Journal 2019 Book on Business (released January, 2019); list is based on voluntary response to a Business Journal survey. Corning Inc. employs approximately 1,000 at its Wilmington plant, but does not disclose employment numbers by location citing competitive reasons. Large industries located outside but near the County, which are major employers of the County's residents, include International Paper Company (approximately 750 employees) and Duke Energy Progress- Brunswick Nuclear Plant (approximately 1,770 employees). The following table illustrates building activity in the County for the five indicated fiscal years by reference to issued permits: NON- RESIDENTIAL TOTAL FISCAL YEAR ENDED NUMBER OF RESIDENTIAL VALUE VALUE VALUE JUNE 30 PERMITS (IN 000'S) (IN 000'S) (IN 000'S) 2015 22,986 $450,390 $129,310 $579,700 2016 27,816 508,001 205,612 713,613 2017 24,425 574,432 281,994 856,426 2018 28,511 583,126 344,462 927,588 2019 30,530 437,539 384,973 822,512 Source: Development Services Department /New Hanover County. 11 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 15 The taxable sales for the fiscal years ended June 30, 2015 through 2019 and for a portion of 2020 are shown in the following table: FISCAL YEAR ENDED 2015 INCREASE JUNE 30 TOTAL TAXABLE SALES OVER PREVIOUS YEAR 2015 $3,757,376,202 11.0% 2016 4,033,313,586 7.3 2017 4,391,502,592 8.9 2018 4,484,999,670 2.1 2019 5,078,560,059 13.2 2020 (3 months)' 1,425,321,295 5.7% ' For the three -month period ended September 30, 2019. The comparable figure for the three - month period ended September 30, 2018 amounted to $1,262,362,905. Source: North Carolina Department of Revenue, Sales and Use Tax Division. Employment The North Carolina Department of Commerce, Labor and Economic Analysis Division has estimated the rate of unemployment in the County as follows: Source: N.C. Department of Commerce, Labor and Economic Analysis Division. Government and Major Services Government Structure. The County is governed by a Board of Commissioners (the 'Board'). The Board consists of five members who are elected by a County -wide vote and serve four -year staggered terms. Partisan elections for the Board are held in November in even - numbered years. The Board takes office the first Monday in December following the November elections. At that time, the Board elects a chairman and vice chairman from among its members. The major duties of the Board include assessing and assigning priorities on the needs of the County and establishing programs and services to meet these needs, adopting an annual balanced budget, establishing the annual property tax rate, appointing various officials, including members of County boards and commissions and some County employees, regulating land use and zoning outside the jurisdiction of municipalities, enacting local ordinances and adopting policies concerning the 12 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 16 2015 2016 2017 2018 2019 2015 2016 2017 2018 2019 January 5.8% 5.3% 4.9% 4.2% 4.3% July 5.8% 4.9% 4.2% 3.7% 3.9% February 5.7% 5.1% 4.6% 4.1% 4.0% August 5.4% 4.9% 4.3% 3.6% 3.8% March 5.3% 4.8% 4.1% 3.7% 3.8% September 5.0% 4.6% 3.7% 3.8% 3.1% April 4.9% 4.4% 3.7% 3.3% 3.3% October 5.1% 4.6% 3.8% 3.8% 3.2% May 5.5% 4.3% 3.8% 3.3% 3.7% November 5.2% 4.5% 4.0% 3.6% N/A June 5.5% 4.8% 4.1% 3.8% 4.0% December 5.1% 4.5% 3.9% 3.7% N/A The average unemployment rates for the County, State and United States were as follows: County State U.S. 2014 6.2% 6.3% 6.2% 2015 5.3% 5.8% 5.3% 2016 4.9% 5.1% 4.9% 2017 4.4% 4.6% 4.4% 2018 3.7% 3.9% 3.9% Source: N.C. Department of Commerce, Labor and Economic Analysis Division. Government and Major Services Government Structure. The County is governed by a Board of Commissioners (the 'Board'). The Board consists of five members who are elected by a County -wide vote and serve four -year staggered terms. Partisan elections for the Board are held in November in even - numbered years. The Board takes office the first Monday in December following the November elections. At that time, the Board elects a chairman and vice chairman from among its members. The major duties of the Board include assessing and assigning priorities on the needs of the County and establishing programs and services to meet these needs, adopting an annual balanced budget, establishing the annual property tax rate, appointing various officials, including members of County boards and commissions and some County employees, regulating land use and zoning outside the jurisdiction of municipalities, enacting local ordinances and adopting policies concerning the 12 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 16 operations of the County. The Board also has the authority to call bond referendums, enter into contracts and establish new programs. The Board appoints several officials to help carry out its responsibilities, including a County Manager, a County Attorney who serves as legal advisor to the Board and a Clerk to the Board who is responsible for keeping official Board records and preparing the official minutes of all Board meetings. The County Manager is the chief administrative officer of the County. The major duties of the County Manager include supervising and coordinating the activities of the County departments, executing all orders and policies set forth by the Board, attending all Board meetings, making recommendations on appropriate matters of business, recommending an annual budget, advising the Board of the financial condition of the County, representing the County in business with other agencies and performing other duties assigned by the Board. To assist him in the performance of his duties, the County Manager has a staff which includes assistant managers, department heads and administrative assistants. Education. The New Hanover County School System (the "School System ") with jurisdiction throughout the County is governed by a seven - member Board of Education (the "Board of Education "). The Board of Education is elected for four -year staggered terms. The State provides funds for a basic education program for each school system in the State. Funds are also provided by the State for capital construction through the Public Schools Building Capital Fund. In addition to the State funds, the County contributes funds to the School System out of the General Fund. Designated portions of two local option one -half cent sales taxes must be used for school capital outlay expenditures or the retirement of bonded indebtedness incurred for these purposes. In the fiscal year ended June 30, 2019, the State provided the school system with approximately 61% of its operating budget and the federal government provided approximately 7 %. The balance of 32% was provided by the County and other local sources. The amounts contributed by the County for operating expenses and capital outlay from both the General Fund and a designated sales tax for the five fiscal years indicated are shown below: FISCAL YEAR ENDED JUNE 30 GENERAL FUND 2015 $77,233,990 2016 81,373,573 2017 62,590,529 2018 75,141,652 2019 78,825,692 DESIGNATED ONE -HALF CENT SALES TAX $11,181,297 11,877,279 12,504,354 13,333,782 14,407,266 13 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 17 TOTAL $88,415,287 93,250,852 75,094,883 88,475,434 93,232,958 The following table illustrates the number of schools in the system and average daily membership for the five indicated years: SECONDARY SCHOOL YEAR ELEMENTARY GRADES K -5 INTERMEDIATE GRADES 6 -8 GRADES 9 -12 No. No. ADMI 2015 -16 25 12,422 2016 -17,3 26 12,400 2017 - 18,2,3 26 12,194 2018 -193 26 11,752 2019 -203 26 11,708 No. ADMI No. ADMI 8 5,539 6 7,940 8 5,542 6 8,154 8 5,658 9 8.142 7 5,865 9 7,895 7 5,806 9 8293 'ADM or average daily membership, determined by actual records at the schools is computed by the North Carolina Department of Public Instruction on a uniform basis for all public school units in the State. The ADM computations are used as a basis for teacher allotments. 22017 -18 Enrollment numbers have been changed to reflect the final enrollment for FY 2016 -18. 32020 ADM based on the Month 1 Membership report for FY 2020. The above table does include alternative schools for the 2016 -17, 2017 -18, 2018 -2019 and 2019 -20 school years. Sources: New Hanover County Board of Education, Finance Office; Comprehensive Annual Financial Report for fiscal years ended 2015 -2019; North Carolina Department of Public Instruction. Transportation The Road System. The maintenance, expansion, and improvement of primary and secondary highways within the County are the responsibility of the State. Each municipality within the County bears responsibility for its local street system. The County has no financial obligations with respect to construction and maintenance of the road system. The County is served by Interstate Highways 40 and 140, U.S. Highways, 17, 117, 74, 76 and 421, and by North Carolina Highways 132 and 133. Interstate 95 intersects with Interstate 40 northwest of the County, connecting north -south and east -west traffic. Interstate Highway 140 extends from I -40 to US 17 to the south of the County in neighboring Brunswick County. A new section from U.S. 421 north of the City connecting with US 74 -76 and US 17 near Leland, in neighboring Brunswick County, was opened to traffic in November 2017, which improved traffic from the City's downtown area into Brunswick County. Wilmington International Airport. The Wilmington International Airport (the `Airport') is a County -owned facility operated by the New Hanover County Airport Authority (the "Airport Authority "). The Airport is the fifth largest in the State and served a record 934,058 passengers during calendar year 2018 with 64,765 total aircraft operations. Three commercial airlines, American Airlines, United Airlines and Delta Air Lines, provide regular jet and commuter service with 24 daily flights, offering direct (non -stop) service to Atlanta, Charlotte, Chicago, New York, Philadelphia, Dallas -Fort Worth and Washington, D.C. and one -stop connections to 310 domestic and international destinations. Within the last fifteen years, the Airport has undergone approximately $135 million in capital improvements, which include a 13,500 square -foot International Terminal Building that provides customs services, and a $6.5 million state -of- the -art rental car service complex. In 2016, Air Wilmington completed construction on a 21,000 square foot hangar. The Airport Authority redeveloped the former car rental service centers for conversion to airside facilities for corporate and general aviation hangars and service providers. The Airport installed an $800,000 hangar taxilane and Live Oak Bank completed construction of a 23,000 square foot corporate hangar facility in this area. The entire north ramp rehabilitation project was completed at an estimated cost of $14 million. The Airport is currently in the middle of a $60 million expansion project, a portion of which will be 14 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 18 financed with proceeds from a limited obligation bond expected to be issued in February 2020, that will add approximately 75,000 square feet of new space to the terminal and increase the capacity of the airport. On the landside of the Airport, the Airport Authority continues to focus on non - aeronautical revenue in order to reduce the dependency on airline rates and charges. The Airport's Business Park consists of land and buildings for lease to non - aeronautical companies. Currently, 1.4 million square feet of land and 39,000 square feet of building space is leased, which includes land leased for the Veterans Affairs Outpatient Clinic. A 10,000 square foot building completed in 2016, is currently fully leased. The State Port. The State Port, one of four State ports, is located on the east bank of the Cape Fear River and is one of two deep water harbors in the State. For more information about the State Port see "Business and Economic Profile — Shipping" herein. Ground Based Freight and Mass Transit. Other transportation resources in the County include the CSX Rail Transport Group, which provides rail freight service in the area with one scheduled train daily. Local bus service is provided by the Cape Fear Public Transportation Authority. A private management firm operates a system of ten routes, UNCW Shuttle service and a historic downtown trolley. There are also approximately 55 trucking companies serving the area. Human Services Human services programs in the State are financed by a combination of federal, State and local funds. On the County level, these services are classified as public assistance, public health, senior resource services, veterans' services and mental health. The County had actual expenditures from the combined sources of $50,947,296 in fiscal year 2018. For fiscal year 2019 the County appropriated $60,847,780, for human services. Public Service Enterprises In May 2007, the City Council of Wilmington and the County Board of Commissioners each adopted resolutions creating a water and sewer authority to consolidate the City's, the New Hanover County Water and Sewer District's (the `District') and the County's water and sewer systems. The articles of incorporation for the Cape Fear Public Utility Authority (the `Authority') were approved by the State of North Carolina on July 2, 2007. Transfer of water and sewer assets and liabilities of the City, the County and District to the Authority was completed on July 1, 2008. In addition, all City and County water and sewer system employees were transferred to the Authority on July 1, 2008. The water and sewer system assets and liabilities of the City, the County and the District were leased, transferred or assigned to the Authority, to the extent permitted under existing financing documentation and law. While the City, the County and the District remain as ultimate obligors on some of their existing bond or installment financings, the Authority reimburses each of the City, the County and the District for debt service payments made pursuant to an interlocal arrangement approved by the City, the County and the District. The Authority's mission is to provide water and sewer service to the County's existing 36,000 customers as well as City residents. Solid Waste Solid Waste Collection. In the unincorporated areas of the County, municipal solid waste (MSW) is collected by private haulers on a subscription basis. Each hauler conducting business in the County is required to obtain a franchise license from the County. 15 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 19 In the incorporated areas of the County, MSW and recyclable material collection as discussed below, is either provided by the municipality or is contracted to private waste haulers. Solid Waste Disposal. The County currently owns and operates a lined landfill that meets or exceeds federal and state requirements. The facility only accepts waste generated within the County and is open six days a week. All wastewater ( "leachate ") that is generated from the landfill is treated onsite. The leachate is treated through its reverse osmosis wastewater treatment plant. Total treatment capacity is in excess of 100,000 gallons per day. County staff utilizes several waste diversion techniques to minimize waste disposal. Several thousand tons of waste per year are diverted from the waste stream and processed for beneficial reuse. Examples include wood waste, sheetrock, scrap metal, asphalt shingles, yard waste and appliances. The landfill facility completed the permitting process for a major expansion on land the County already owns, which added an additional 90 acres of disposal capacity. This additional capacity is estimated to extend the life of the landfill an additional 60 years at current disposal rates. Construction of the first two cells are complete and two additional cells are included in the County's five -year Capital Improvement Plan... Recycling Operations. The County operates and maintains eight recycling drop -off sites for County residents. Six of these sites are available to residents 7 days a week, 24 hours a day. County staff operates a small fleet of roll off trucks to collect the material from the drop -off sites and deliver them to the County's sorting and baling facility. At this facility, operated by Sonoco Recycling LLC, contaminants are removed from the materials, after which they are further sorted and baled. Baled materials are then marketed to mills or brokers, which generate revenues to help offset the cost of collection. The County has partnered with a third party to expand recycling processing. The County also provides residents free disposal of used tires, electronics, and household hazardous waste (HHW). Each of these waste streams is further managed through contracted businesses that recycle the materials or convert them for beneficial reuse. W Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 20 Debt Information Legal Debt Limit In accordance with the provisions of the State Constitution and The Local Government Bond Act, as amended, allowing for the issuance of all presently authorized bonds, including those being offered by this Official Statement, the County has the statutory capacity to incur additional net general obligation debt in an approximate amount of $2,355,000,000 as of June 30, 2019. Outstanding General Obligation Debt Principal Outstanding as of June 30, June 30, June 30, June 30, General Obligation Bonds 2016 2017 2018 2019 School Bonds $ 167,433,4751 $ 151,239,4601 $ 170,152,3651 $ 218,486,2201 Other Bonds 170,261,525 157,630,540 144,037,635 131,958,780 Total 337.695.000 308.870.000 314.190.000 $ 350.445.000 'Bonds Issued: 2015 -16 $83,255,000 General Obligation Bonds, Series 2015, 2.8236% true interest cost. 2017 -18 $34,215,000 General Obligation School Bonds, Series 2017, 2.4794% true interest cost, 10.46 years average maturity. 2018 -19 $65,970,000 General Obligation School Bonds, Series 2018, 3.2354% true interest cost, 10.37 years average maturity. Note: Outstanding debt above at 6 -30 -2019 does not include $11,505,000 Refunded General Obligation Bonds for which the Escrow Agent holds sufficient government securities to pay the bonds at the call date, $350,245,000 hospital revenue bonds, as these bonds are payable from the pledged revenues of the hospital facilities financed or $11,544,940 State Revolving Loans that are secured by sewer facilities and are paid from County General Fund revenues. After Bonds Now Offered Are Issued $ 328,065,000 $34,837,247,800 .94% 232,2483 $1,412.56 'This amount excludes refunded bonds as described above under "Outstanding General Obligation Bonds." 2Estimates of North Carolina Office of State Budget and Management. 3For purposes of this table, the 2018 population estimate is being used. 17 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 21 General Obligation Debt Ratios Total At GO Debt Total June Total Assessed to Assessed GO Debt 30 GO Debt' Valuation Valuation Population2 Per Capita 2015 $283,590,000 $29,745,736,443 .95% 220,108 $1,288.41 2016 337,695,000 30,197,308,823 1.12% 225,369 1,498.41 2017 308,870,000 30,816,597,285 1.01% 229,501 1,345.83 2018 314,190,000 33,736,227,148 .93% 232,248 1,352.82 2019 350,445,000 34,555,096,668 1.01% 232,2483 1,508.93 After Bonds Now Offered Are Issued $ 328,065,000 $34,837,247,800 .94% 232,2483 $1,412.56 'This amount excludes refunded bonds as described above under "Outstanding General Obligation Bonds." 2Estimates of North Carolina Office of State Budget and Management. 3For purposes of this table, the 2018 population estimate is being used. 17 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 21 General Obligation Debt Seruice Requirements at June 30, 2019 and Maturity Schedule Fiscal Year Ending June 30th 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 Existing Debt Principal Principal and Interest $ 33,745,000.00 32, 900, 000.00 27,155,000.00 24, 935, 000.00 24, 810, 000.00 24, 705, 000.00 24, 645, 000.00 20, 780, 000.00 20, 780, 000.00 17, 540, 000.00 16, 035, 000.00 16, 020, 000.00 11, 920, 000.00 11, 920, 000.00 10, 920, 000.00 9,165,000.00 9,165,000.00 5, 005, 000.00 5, 005, 000.00 3, 295, 000.00 $ 48,285,617.26 46, 004, 248.76 38, 915, 283.26 35, 489, 212.51 34, 248,132.26 33, 017, 895.76 31,777,426.76 26, 792, 259.76 25, 811, 747.76 21, 723, 578.76 19, 534, 390.26 18, 860, 901.76 14, 221, 488.76 13, 794, 963.76 12, 356, 063.76 10,191, 863.76 9, 852, 763.76 5, 374, 381.26 5, 207, 756.26 3, 354, 721.88 Bonds Now 2 Offered $ 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 185, 000.00 Totals $350,445,000.00 $ 454, 814, 698.07 $ 3, 700, 000.00 'Excludes Refunded Bonds for which the Escrow Agent is holding certain government securities for payment of the defeased bonds. 2Preliminary; subject to change. General Obligation Bonds Authorized and Unissued Bonds Bonds Date Authorized Now Purpose Approved and Unissued Offered Balance School 11/04/2014 $12,758,000 $3,700,000* $9,058,000* *Preliminary; subject to change. General Obligation Debt Information For U Tax 2018 Assessed Rate Unit Population? Valuation Per $100 Wilmington (County Seat) 121,910 $15,258,469,569 $0.555 'North Carolina Office of State Budget and Management. 18 nderlying Units As Of June 30, 2019 Total Bonds Authorized Total GO GO Debt and Unissued Debt Per Capita $59,165,000 $31,915,000 $261.79 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 22 Other Long -Term Commitments The County has entered into installment financing agreements, secured by certain assets financed and subject to an annual appropriation, pursuant to which it remains obligated. Other Long - Term Commitments outstanding are as follows: FISCAL YEAR ENDING JUNE 30, PRINCIPAL INTEREST TOTAL1,2 2020 $10,596,109.30 $2,488,250.05 $13,084,359.35 2021 10,618,894.75 2,050,938.59 12,669,833.34 2022 9,317,569.99 1,641,003.82 10,958,573.81 2023 8,235,422.81 1,267,562.13 9,502,984.94 2024 3,986,763.24 1,008,254.35 4,995,017.59 2025 3,853,348.53 849,654.29 4,703,002.82 2026 3,679,156.97 697,126.73 4,376,283.70 2027 3,179,965.59 564,385.15 3,744,350.74 2028 3,179,965.59 444,308.06 3,624,273.65 2029 2,229,965.59 347,323.45 2,577,289.04 2030 1,929,965.59 273, 706.36 2,203,671.95 2031 1,929,965.59 218,526.97 2,148,492.56 2032 1,929,965.59 162,553.83 2,092,519.42 2033 1,924,965.49 106,580.67 2,031,546.16 2034 1,320,072.25 56,153.58 1,376,225.83 2035 690,072.25 21,877.14 711,949.39 2036 403,784.30 8,075.68 411,859.98 Tota11,2 $69,005,953.42 $12,206,280.86 $81,212,234.28 'As described under the caption "PUBLIC SERVICE ENTERPRISES" herein, payments related to installment financing obligations of the County for water and sewer improvements are made by the Authority pursuant to an interlocal transition and operating agreement among the City, the County, the District and the Authority dated January 30, 2008. Such payment arrangements began on July 1, 2008. 2Totals may not foot due to rounding. Note: See the Notes to the Financial Statements in Appendix D for additional information concerning long -term commitments. Debt Outlook From time to time, the County evaluates refunding opportunities with respect to its outstanding debt and installment financing obligations. The County plans to issue one installment financing contract in FY 2020 for a new substance disorder treatment center. The amount of the installment financing contract is estimated at $14.6 million. WE Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 23 Tax Information General Information 2017 20184 2019 20205 Assessed Valuation: PRIOR YEARS' CURRENT YEAR'S LEVY CURRENT YEAR'S LEVY Assessment Ratio' 100% 100% 100% 100% Real Property $26,319,887,074 $28,921,465,616 $29,446,336,632 $29,950,367,300 Personal Property 3,858,561,067 4,141,051,570 4,426,560,993 4,204,684,500 Public Service Companies2 638,149,144 673,709,762 682,196,043 682,196,000 Total Assessed Valuation $30,816,597,285 $33,736,227,148 $34,555,0969668 $34,837,247,800 Rate per $1003 $.623 $.570 $.555 $.555 Levy3 $192,309,089 $193,338,644 $192,254,086 $193,346,725 'Percentage of assessed value has been established by statute. 69,755,785 .20 387,145 2Valuation of railroads, telephone companies and other utilities as determined by the North Carolina Department of Revenue. 3In addition to the County -wide tax rate indicated above, the County levied a fire district tax covering the unincorporated areas of the County of 7.0¢, 7.0¢, 7.0¢ and 7.5¢ for fiscal years 2016, 2017, 2018 and 2019. .15 287,092 'Revaluation year. 41,392,252 .12 229,727 5Estimated based on 2019 -20 fiscal year budget. $ 1,495,342,880 4.33% $ 8,299,153 Tax Collections Ten Largest Taxpayers for Fiscal Year 2018 -19 Taxnavers Duke Energy Progress Corning, Inc. General Electric Co. Bedrock Holdings II, LLC Fortron Industries LLC River Ventures Mayfaire Town Center LP GF Management Company Global Nuclear Fuel Amer. BellSouth Percentage PERCENTAGE OF FISCAL YEAR PRIOR YEARS' CURRENT YEAR'S LEVY CURRENT YEAR'S LEVY ENDED JUNE 30 LEVIES COLLECTED COLLECTED COLLECTED 2015 $1,147,072 $163,687,043 99.00% 2016 1,220,013 171,936,776 99.00 2017 856,676 191,650,934 100.00 2018 865,621 191,954,631 99.28 2019 979,685 191,267,322 99.36 Ten Largest Taxpayers for Fiscal Year 2018 -19 Taxnavers Duke Energy Progress Corning, Inc. General Electric Co. Bedrock Holdings II, LLC Fortron Industries LLC River Ventures Mayfaire Town Center LP GF Management Company Global Nuclear Fuel Amer. BellSouth New Hanover County Tax Office 20 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 24 Percentage Assessed of Total Type of Business Valuation Valuation Tax Levy Electric Utility $ 497,511,820 1.544% $2,761,191 OWG Manufacturer 248,052,813 .72 1,376,693 Utility 223,000,207 .67 1,287,601 Real Estate 119,888,800 .35 665,383 Chemical Manufacturer 90,579,882 .26 502,718 Real Estate 74,933,400 .22 415,880 Real Estate 69,755,785 .20 387,145 Aircraft 69,499,633 .20 385,723 Manufacturer 51,728,288 .15 287,092 Communications 41,392,252 .12 229,727 $ 1,495,342,880 4.33% $ 8,299,153 New Hanover County Tax Office 20 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 24 Budget Outlook for 2019 -20 General Fund & Debt Service Fund. On June 17, 2019, the Board of Commissioners adopted a budget ordinance of $301,064,531 for the General Fund for the fiscal year ending June 30, 2020, which included an appropriation of $2,237,481 General Fund balance to balance the budget. The adopted budget ordinance for the Debt Service Fund for fiscal year ending June 30, 2020 was $60,306,076. The tax base for the 2019 -20 budget was $34.845 billion, which is an annual growth rate of 1.6 %. The tax rate per $100 of valuation was approved at $.5550, which included $.4903 for the General Fund and $.0647 for the Debt Service Fund. The 2019 -20 budget maintains existing levels of service, provides long term funding for voter - approved debt and continues to focus on the County's strategic plan with continued investments in superior public education and workforce, superior public health and safety, and intelligent growth and economic development. Enterprise Fund. The Board of Commissioners adopted a 2019 -20 budget of $26,764,645 for the Environmental Management Fund. The tipping fee remained at $48 per ton, while still addressing current and long term obligations of the fund, including a post - closure reserve and a capital reserve. The budget used $2,341,460 of appropriated fund balance and $2,260,000 of capital and closure reserve funds, that will be used to fund capital projects, including the closure of used cells and the construction of new cells. Pension Plans The County participates in the North Carolina Local Governmental Employees Retirement System and the Supplemental Retirement Income Plan of North Carolina. North Carolina Local Governmental Employees' Retirement System. The North Carolina Local Governmental Employees' Retirement System (the "System ") is a service agency administered through a board of trustees by the State for public employees of counties, cities, boards, commissions and other similar governmental entities. While the State Treasurer is the custodian of System funds, administrative costs are borne by the participating employer governmental entities. The State makes no contribution to the System. The System provides, on a uniform System -wide basis, retirement and, at each employer's option, death benefits from contributions made by employers and employees. Employee members contribute 6% of their individual compensation. Each new employer makes a normal contribution plus, where applicable, a contribution to fund any accrued liability over a 24 -year period. The normal contribution rate for the year ended June 30, 2018, uniform for all employers, was 7.50% of eligible payroll for general employees and 8.25% of eligible payroll for law enforcement officers. The normal contribution rate for the year ending June 30, 2019, uniform for all employers, was 7.75% of eligible payroll for general employees and 8.50% of eligible payroll for law enforcement officers. The contribution rates for fiscal year 2019 -20 have been set at 8.95% for general employees and at 9.70% for law enforcement officers. The accrued liability contribution rate is determined separately for each employer and covers the liability of the employer for benefits based on employees' service rendered prior to the date the employer joins the system. Members qualify for a vested deferred benefit at age 60 after at least five years of creditable service to the unit of local government. Unreduced benefits for general employees are available: at age 65, with at least five years of creditable service; at age 60, with at least 25 years of creditable service; or after 30 years of creditable service, regardless of age. Benefit payments are computed by taking an average of the annual compensation for the four consecutive years of membership service yielding the highest average. This average is then adjusted by a percentage formula, by a total years of service factor, and by an age service factor if the individual is not eligible for unreduced benefits. 21 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 25 Contributions to the System are determined on an actuarial basis. For information concerning the County's participation in the System and the Supplemental Retirement Income Plan of North Carolina see the Notes to the County's Audited Financial Statements in Appendix D. Financial statements and required supplementary information for the System are included in the Comprehensive Annual Financial Report ( "CAFR") for the State. Please refer to the State's CAFR for additional information. The County is self- insured for health insurance. Permanent County employees who resign in good standing, or retire with at least 15 years of creditable service in the System may continue to participate, at their cost (premium prepaid by employee), in the County's health and dental programs until they become eligible for Medicare. The County books a reserve (at year end) estimated to cover these costs for the upcoming year. Other Post - Employment Benefits The County provides certain post - employment benefits as part of the total compensation package offered to attract and retain qualified employees. Employees who retire on or after August 1, 2003 may qualify for continued coverage under the County's group health insurance program. A regular employee, who retires under one of the provisions of the North Carolina Retirement System, and who has at least five consecutive years of service with the County immediately prior to retirement is qualified for continued coverage. A fireman or sworn law enforcement officer who becomes totally and permanently disabled for their job, as approved by the North Carolina Retirement System's Medical Review Board, and whose disability is the result of an accident while performing their duty as such needs only one year of creditable service for continued coverage. At age 65, the retiree must obtain primary coverage through the Federal Medicare Plan (Parts A & B) and the County's health plan will assume secondary responsibility for covered medical services. The retiring employee must make an election to continue or terminate coverage at the time of their retirement. If a retiree waives their right to continue coverage at the date of retirement, they may not elect coverage at a future date. The only exception to this rule is when the retiree's spouse is an active employee of the County, the retiree may choose to become a dependent under the spouse's certificate. If the retiree loses eligibility under the spouse's certificate, they may at the time exercise the retiree insurance options that were available at the time of their retirement. The County provides these benefits under a self- insured plan with a portion funded by the County and the remainder funded by the retiree based on years of creditable service in the retirement system. Qualified retirees can purchase coverage for their dependents at the County's group rates. The County has also elected to provide a death benefit for employees who die in active service after one year as a contributing member of the retirement system or who die within 180 days of their retirement date. For additional information concerning the County's obligation to provide such health care benefits and death benefits, see Note 3B of the Notes to the Basic Financial Statements of the County in Appendix D. GASB Statement No. 75 was issued in June 2015 and became effective for fiscal years beginning after June 15, 2017. GASB 75 replaces GASB Statement No. 45 and established new standards for recognizing and measuring liabilities, expense /expenditures, deferred outflows of resources, and deferred inflows of resources regarding OPEB. The new GASB statement requires the presentation of liability for OPEB obligations in the employer's financial statements. The County implemented GASB 75 in fiscal year 2017 -18. 22 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 26 The County's total OPEB liability as of June 30, 2018 and June 30, 2019 was $321,435,633 and $348,000,326, respectively and the liability was determined by actuarial valuations as of June 30, 2016 and June 30, 2018, respectively. The contributions for the OPEB liability by the County during fiscal year June 30, 2018 were $3,887,607 and for June 30, 2019 the contributions were $3,117,721. Litigation No litigation is now pending or, to the best of the County's knowledge, threatened, against or affecting the County which seeks to restrain or enjoin the authorization, on issuance of the Bonds or which contests the County's creation, organization or corporate existence, or the title of any of the present officers thereof to their respective offices or the authority or proceedings for the County's authorization of the Bonds, or the County's authority to carry out its obligations thereunder or which would have a material adverse impact on the County's condition, financial or otherwise. The County is not aware of any contingent liabilities which, in the opinion of the County Attorney, would materially adversely affect the County's ability to meet its financial obligations. CONTINUING DISCLOSURE In accordance with the requirements of Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934 (`Rule 15c2 -12'), the County has undertaken in the Bond Resolution to provide: (1) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2020, to the Municipal Securities Rulemaking Board (the WSRB'), in an electronic format prescribed by the MSRB the audited financial statements of the County for the preceding Fiscal Year, if available, prepared in accordance with Section 159 -34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (2) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2020, to the MSRB, the financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included in the Official Statement under the captions "THE COUNTY —DEBT INFORMATION" and "- TAX INFORMATION" (excluding any information for overlapping units and the subsection entitled Debt Outlook); (3) in a timely manner not in excess of 10 Business Days after the occurrence of the event, to the MSRB notice of any of the following events with respect to the Bonds: (a) principal and interest payment delinquencies; (b) non - payment related defaults, if material; (c) unscheduled draws on the debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancements reflecting financial difficulties; 23 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 27 (e) substitution of any credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 -TEB) or other material notices or determinations with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds; (g) modification of the rights of the Beneficial Owners of the Bonds, if material; (h) call of any of the Bonds other than mandatory sinking fund redemptions, if material, and tender offers; (i) defeasance of any of the Bonds; (j) release, substitution or sale of any property securing repayment of the Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the County; (m) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; and (n) the appointment of a successor or additional trustee, or the change in the name of a trustee, if material; (o) incurrence of a financial obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect the beneficial owners of the Bonds, if material; and (p) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the County, any of which reflect financial difficulties; and (4) in a timely manner, to the MSRB, notice of a failure by the County to provide the required annual financial information described in (1) and (2) above on or before the date specified. At present, Section 159 -34 of the General Statutes of North Carolina requires that the County's financial statements be prepared in accordance with generally accepted accounting principles and that they be audited in accordance with generally accepted auditing standards. For purposes of the preceding paragraphs (o) and (p), the term "financial obligation" means a (i) debt obligation, (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (iii) guarantee of either (i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2 -12. 24 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 28 The Bond Resolution also provides that the County's undertaking pursuant to Rule 15c2 -12 is intended to be for the benefit of the registered owners and the beneficial owners of the Bonds and is enforceable by any of the registered owners and the beneficial owners of the Bonds, including an action for specific performance of the County's obligations described in this Section, but a failure to comply will not be an event of default and will not result in acceleration of the payment of the Bonds. An action must be instituted, had and maintained in the manner provided in the Bond Order for the benefit of all of the registered owners and beneficial owners of the Bonds. The County may modify from time to time, consistent with Rule 15c2 -12, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (1) any such modification can only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (2) the information to be provided, as modified, must have complied with the requirements of Rule 15c2 -12 as of the date of this Official Statement, after taking into account any amendments or interpretations of Rule 15c2 -12 as well as any changes in circumstances; and (3) any such modification must not materially impair the interest of the registered owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the Owners of a majority in principal amount of the Bonds. Any annual financial information containing modified operating data or financial information must explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The County's Rule 15c2 -12 undertakings will terminate on payment, or provision having been made for payment in a manner consistent with the Rule 15c2 -12, in full of the principal of and interest on the Bonds. All documents provided to the MSRB as described above will be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by transmitting those documents or notices in a manner subsequently required by the SEC in lieu of the manner described above. Over the past five years, the County has -, to the best of its knowledge, complied in all material respects with its continuing disclosure obligations pursuant to Rule 15c2 -12. Opinions of Counsel Legal matters related to the execution, sale and delivery of the Bonds are subject to the approval of Parker Poe Adams & Bernstein LLP, Bond Counsel. The opinion of Parker Poe Adams & Bernstein LLP, as Bond Counsel, substantially in the form set forth in Appendix E hereto, will be delivered at the time of the delivery of the Bonds. Certain legal matters will be passed on for the County by Wanda M. Copley, Esq, County Attorney. 25 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 29 TAX TREATMENT GENERAL On the date of issuance of the Bonds, Parker Poe Adams & Bernstein LLP ( "Bond Counser'), will render an opinion that, under existing law (1) assuming compliance by the County with certain provisions of the Internal Revenue Code of 1986, as amended (the "Code "), (a) interest on the Bonds is excludable from gross income for federal income tax purposes, and (b) is not an item of tax preference for purposes of the federal alternative minimum tax, and (2) interest on the Bonds is exempt from State of North Carolina income taxation. The Code imposes various restrictions, conditions and requirements relating to the exclusion of interest on obligations, such as the Bonds, from gross income for federal income tax purposes, including, but not limited to, the requirement that the County rebate certain excess earnings on proceeds and amounts treated as proceeds of the Bonds to the United States Treasury, restrictions on the investment of such proceeds and other amounts, and restrictions on the ownership and use of the facilities financed or refinanced with proceeds of the Bonds. The foregoing is not intended to be an exhaustive listing of the post- issuance tax compliance requirements of the Code, but is illustrative of the requirements that must be satisfied by the County subsequent to issuance of the Bonds to maintain the excludability of the interest on the Bonds from gross income for federal income tax purposes. Bond Counsel's opinion is given in reliance on certifications by representatives of the County as to certain facts material to the opinion and the requirements of the Code. The County has covenanted to comply with all requirements of the Code that must be satisfied subsequent to the issuance of the Bonds in order that the interest on the Bonds be, or continue to be, excludable from gross income for federal income tax purposes. The opinion of Bond Counsel assumes compliance by the County with such covenants, and Bond Counsel has not been retained to monitor compliance by the County with such covenants subsequent to the date of issuance of the Bonds. Failure to comply with certain of such requirements may cause the interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. No other opinion is expressed by Bond Counsel regarding the federal tax consequences of the ownership of or the receipt or accrual of interest with respect to the Bonds. If the interest on the Bonds subsequently becomes included in gross income for federal income tax purposes due to a failure by the County to comply with any requirements described above, the County is not required to redeem the Bonds or to pay any additional interest or penalty. The Internal Revenue Service has established an ongoing program to audit tax - exempt obligations to determine whether interest on such obligations is includible in gross income for federal income tax purposes. Bond Counsel cannot predict whether the Internal Revenue Service will commence an audit of the Bonds. Prospective purchasers of the Bonds are advised that, if the Internal Revenue Service does audit the Bonds, under current Internal Revenue Service procedures, at least during the early stages of an audit, the Internal Revenue Service will treat the County as the taxpayer, and the owners of the Bonds may have limited rights, if any, to participate in such audit. The commencement of an audit could adversely affect the market value and liquidity of the Bonds until the audit is concluded, regardless of the ultimate outcome. Prospective purchasers of the Bonds should be aware that ownership of the Bonds and the accrual or receipt of interest on the Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, financial institutions, property or casualty insurance companies, individual recipients of Social Security or Railroad Retirement benefits, certain Subchapter S Corporations with "excess net passive income," foreign corporations subject to the branch profits tax, life insurance companies and taxpayers who may be deemed to have incurred or continued W Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 30 indebtedness to purchase or carry the Bonds. Bond Counsel does not express any opinion as to any such collateral tax consequences. Prospective purchasers of the Bonds should consult their own tax advisors as to the collateral tax consequences. Proposed legislation is considered from time to time by the United States Congress that, if enacted, would affect the tax consequences of owning the Bonds. No assurance can be given that any future legislation, or clarifications or amendments to the Code, if enacted into law, will not contain provisions which could cause the interest on the Bonds to be subject directly or indirectly to federal or State of North Carolina income taxation, adversely affect the market price or marketability of the Bonds or otherwise prevent the owners of the Bonds from realizing the full current benefit of the status of the interest on the Bonds. Bond Counsel's opinion is based on existing law, which is subject to change. Such opinion is further based on factual representations made to Bond Counsel as of the date thereof. Bond Counsel assumes no duty to update or supplement its opinion to reflect any facts or circumstances that may thereafter come to Bond Counsel's attention, or to reflect any changes in law that may thereafter occur or become effective. Moreover, Bond Counsel's opinion is not a guarantee of a particular result, and is not binding on the Internal Revenue Service or the courts; rather, such opinion represents Bond Counsel's professional judgment based on its review of existing law, and in reliance on the representations and covenants that Bond Counsel deems relevant to such opinion. Bond Counsel's opinion expresses the professional judgment of the attorneys rendering the opinion regarding the legal issues expressly addressed therein. By rendering its opinion, Bond Counsel does not become an insurer or guarantor of the result indicated by that expression of professional judgment, of the transaction on which the opinion is rendered, or of the future performance of the County, nor does the rendering of such opinion guarantee the outcome of any legal dispute that may arise out of the transaction. ORIGINAL ISSUE DISCOUNT As indicated on the inside cover page, the Bonds maturing on February 1, 20_ (the "OID Bonds "), are being sold at initial offering prices which are less than the principal amount payable at maturity. Under the Code, the difference between (a) the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of each maturity of the OID Bonds is sold and (b) the principal amount payable at maturity of such OID Bonds, constitutes original issue discount treated as interest which will be excluded from the gross income of the owners of such OID Bonds for federal income tax purposes. In the case of an owner of an OID Bond, the amount of original issue discount on such OID Bond is treated as having accrued daily over the term of such OID Bond on the basis of a constant yield compounded at the end of each accrual period and is added to the owner's cost basis of such OID Bond in determining, for federal income tax purposes, the gain or loss upon the sale, redemption or other disposition of such OID Bond (including its sale, redemption or payment at maturity). Amounts received upon the sale, redemption or other disposition of an OID Bond which are attributable to accrued original issue discount on such OID Bonds will be treated as interest exempt from gross income, rather than as a taxable gain, for federal income tax purposes, and will not be a specific item of tax preference for purposes of the federal alternative minimum tax. However, it should be noted that the original issue discount that accrues to an owner of an OID Bond may result in other collateral federal income tax consequences for certain taxpayers in the year of accrual. Original issue discount is treated as compounding semiannually at a rate determined by reference to the yield to maturity of each individual OID Bond. The amount treated as original issue discount on an OID Bond for a particular semiannual accrual period is equal to (a) the product of (i) the yield to maturity for such OID Bond (determined by compounding at the close of each accrual period) and (ii) the amount which would have been the tax basis of such OID Bond at the beginning of 27 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 31 the particular accrual period if held by the original purchaser, less (b) the amount of interest payable on such OID Bond during the particular accrual period. The tax basis is determined by adding to the initial public offering price on such OID Bond the sum of the amounts which have been treated as original issue discount for such purposes during all prior accrual periods. If an OID Bond is sold between semiannual compounding dates, original issue discount which would have accrued for that semiannual compounding period for federal income tax purposes is to be appointed in equal amounts among the days in such compounding period. The Code contains additional provisions relating to the accrual of original issue discount in the case of owners of the OID Bonds who subsequently purchase any OID Bonds after the initial offering or at a price different from the initial offering price during the initial offering of the Bonds. Owners of OID Bonds should consult their own tax advisors with respect to the precise determination for federal and state income tax purposes of the amount of original issue discount accrued upon the sale, redemption or other disposition of an OID Bond as of any date and with respect to other federal, state and local tax consequences of owning and disposing of an OID Bond. It is possible that under the applicable provisions governing the determination of state or local taxes, accrued original issue discount on an OID Bond may be deemed to be received in the year of accrual even though there will not be a corresponding cash payment attributable to such original issue discount until a later year. ORIGINAL ISSUE PREMIUM As indicated on the inside cover page, the Bonds maturing on February 1, 20_ (the "Premium Bonds "), are being sold at initial offering prices which are in excess of the principal amount payable at maturity. The difference between (a) the initial offering prices to the public (excluding bond houses and brokers) at which a substantial amount of the Premium Bonds is sold and (b) the principal amount payable at maturity of such Premium Bonds constitutes original issue premium, which original issue premium is not deductible for federal income tax purposes. In the case of an owner of a Premium Bond, however, the amount of the original issue premium which is treated as having accrued over the term of such Premium Bond is reduced from the owner's cost basis of such Premium Bond in determining, for federal income tax purposes, the taxable gain or loss upon the sale, redemption or other disposition of such Premium Bond (whether upon its sale, redemption or payment at maturity). Owners of Premium Bonds should consult their tax advisors with respect to the determination, for federal income tax purposes, of the "adjusted basis" of such Premium Bonds upon any sale or disposition and with respect to any state or local tax consequences of owning a Premium Bond. FINANCIAL ADVISOR First Tryon Advisors has served as financial advisor (the "Financial Advisor') to the County with respect to the sale of the Bonds. The Financial Advisor's fee for services rendered with respect to the sale of the Bonds is contingent on the issuance and delivery of the Bonds. The Financial Advisor is not obligated to undertake, and has not undertaken, either to make an independent verification of or to assume responsibility for the accuracy, completeness, or fairness of the information contained in this Official Statement and the appendixes thereto. RATINGS Moody's Investors Service and S &P Global Ratings have given the Bonds ratings of "_" and respectively. Those ratings reflect only the respective views of such organizations, and an explanation of the significance of such ratings may be obtained only from the respective organization providing such rating. Certain information and materials not included in the Official Statement were furnished to such organizations. There is no assurance that such ratings will remain in effect for any given period of time or that any or all will not be revised downward or withdrawn entirely. Any downward revision or withdrawal of a rating may have an adverse effect on the market prices of the Bonds. 28 Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 32 UNDERWRITING The underwriters for the Bonds are * The underwriters have agreed, subject to certain conditions, to purchase all, but not less than all of the Bonds. If all of the Bonds are sold at the public offering yields hereinabove set forth, the underwriters anticipate total underwriters' discount of $ *. The public offering prices or yields of the Bonds may be changed from time to time by the underwriters. The Underwriters have agreed to purchase all of the Bonds, if any of the Bonds are to be purchased, at a purchase price of not less than 100% of the principal amount of the Bonds. *Information provided by underwriters. MISCELLANEOUS Any statements in this Official Statement involving matters of opinion or estimates, whether or not expressly so stated, are intended as such and not as representations of fact. References herein to the State Constitution and legislative enactments are only brief outlines of certain provisions thereof and do not purport to summarize or describe all provisions thereof. The distribution of this Official Statement has been duly authorized by the Local Government Commission of North Carolina and the Board of Commissioners of the County. COUNTY OF NEW HANOVER, NORTH CAROLINA :A LIM LM Julia Olson - Boseman Chair of the Board of Commissioners Chris Coudriet County Manager Lisa Wurtzbacher Chief Financial Officer X1 LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA : Greg C. Gaskins Secretary of the Commission Board of Commissioners - December 16, 2019 ITEM: 12- 3 - 33 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S):Gideon Smith, Current Planner; Brad Schuler; and Wayne Clark, Planning and Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Request (S19 -03) — Request by New Beginning Christian Church for a Special Use Permit to Operate a Child Care Center at 3120 Alex Trask Drive, within the R -20, Residential DistrictAt their November 7, 2019 meeting, the Planning Board recommended approval (7 -0). BRIEF SUMMARY: This item was initially scheduled for the Board of Commissioners' December 2, 2019 meeting, however, due to a notification error, this item was rescheduled for the December 16, 2019 meeting. The applicant is seeking to obtain a special use permit to operate Brighter Beginnings Early Learning Center, a child care center, at the New Beginning Christian Church, with two components: 1) a child care center serving children from ages 2 -12; and 2) an after school program serving elementary to middle school -aged children. The proposed use is considered a "child care center" in the Zoning Ordinance. Child care centers are places where there are three or more preschool -age children or nine or more school - age children receiving child care. According to the applicant, the Early Learning Center will serve children from ages 2 through 12, Monday through Friday from 7:00 am to 6:00 pm, to better prepare the children for school readiness. The applicant has indicated that this program will have a maximum capacity of 52 children. In addition, the fellowship hall will be designated for the after school program, with a maximum capacity of 50 students. In total, the proposed facility will have a total capacity for 102 children and have 10 full -time staff members. All of the facilities will be within the existing church building. No new buildings are proposed with this special use permit. Around 2:00 pm, the two Early Learning Center transportation vans will depart from the subject site to travel to Castle Hayne Elementary, Wrightsboro Elementary, and Murrayville Elementary schools to pick up children participating in the after school program. These vans will use the existing unimproved roadway that connects to Blue Clay Road rather than exiting the site via Holland Drive or Old Mill Road. All children will be picked up by their guardians between 4:00 pm and 6:00 pm. Pick up time is staggered throughout the afternoon and early evening with the program closing at 6:00 pm. Based upon the church's weekday schedule, there will be no overlap or conflict between the Early Learning Center's operations and the church's. The church hosts an Adult Bible Study that meets on Tuesdays from 7:00 pm to 9:00 pm and choir practice takes place on Thursdays from 7:00 pm to 9:00 pm. All other church related operations take place on the weekends, outside of the proposed hours of Board of Commissioners - December 16, 2019 ITEM: 13 operation for the Early Learning Center. In addition, Gospel Fellowship Holiness is directly across from New Beginning on Alex Trask Drive. The two churches have peak traffic on weekends, helping reduce traffic on weekdays. New Beginning initially obtainedsite plan approval in 2010 to operate as a church, a permitted use by- right in the R -20 district. The church subsequently modified the site plan, and obtained approval in 2013 to construct additional grass /gravel parking spaces and a stormwater facility. The existing parking facility is sufficient to serve both the church and the child care operation, as the Early Learning Center will operate when normal church services are not conducted. The proposed child care center is estimated to generate about 70 trips in both the AM and PM weekday peak hours. The center's peak times are outside of the normal peak hours forchurch activities. Because the proposed child care center does not meet the threshold to require a Traffic Impact Analysis to analyze the traffic impacts, staff has provided the volume to capacity ratio for Blue Clay Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area to support the expected additional traffic. The proposed child care center use is generally CONSISTENT with the 2016 Comprehensive Plan because it provides child care services that can support nearby residential neighborhoods, in line with the recommended mix of uses for both Community Mixed Use and General Residential place types. The Planning Board considered this application at their November 7, 2019 meeting. No members of the public spoke in favor or in opposition of the proposed Special Use Permit. The Planning Board recommended approval of the application (7 -0) and did not place any conditions on the proposal. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to recommend denial, as the Board cannot find that this proposal: Board of Commissioners - December 16, 2019 ITEM: 13 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] ATTACHMENTS: S19 -03 Script BOC S19 -03 Staff Report BOC S19 -03 Zoning Map S19 -03 Future Land Use Map S19 -03 Neighbor Mailout Map Applicant Materials Cover S19 -03 Application Package Proposed Site Plan S19 -03 Proposed Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff, unless greater weight of the competent and material evidence presented during the public hearing suggests that one or more of the required conclusions cannot be met. COMMISSIONERS' ACTIONS: Approved S -0. Board of Commissioners - December 16, 2019 ITEM: 13 SCRIPT for SPECIAL USE PERMIT Application (S19 -03) Request by New Beginning Christian Church for a Special Use Permit to operate a child care center at 3120 Alex Trask Drive, within the R -20, Residential District. 1. Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial 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 minutes for rebuttal. 3. Conduct hearing, as follows: 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) 4. Close the hearing 5. Board discussion 6. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) 13 Motion to deny the permit because the Board cannot find: Ma. That the use will not materially endanger the public health or safety if located where proposed for the following reason: b. That the use meets all required condition and specifications: c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: Board of Commissioners - December 16, 2019 ITEM: 13- 1 - 1 d. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] STAFF REPORT FOR S19 -03 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S19 -03 ZONING Request: Single - Family Residential (Ivy Woods) SUP to allow for the operation of a child care center as part of the New Beginning Christian Church facility, within the R -20, Residential District Undeveloped, Single - Family Residential (Ivy Woods), N. Kerr Industrial Park, Undeveloped Applicant: Property Owner(s): Robert L. Campbell New Beginnings Christian Church Location: Acreage: 3120 Alex Trask Drive 4.7 acres PID(s): Comp Plan Place Type: R03308- 002 - 009 -000; Community Mixed Use Portion of R03300- 003 - 002 -000 Existing Land Use: Proposed Land Use: Church Church with child care center Current Zoning: R -20 Zoning OA �t RAM R -10 I:I -EY � 14 O'{TF � aim � .'I�����♦��` C 4 �P PD 519-03, a s Ali m� R -20 �����Ia�,� ' v �X - �s z RITTE7 M ,` a ����1I� �' :• (CZD) R -10 SURROUNDING AREA LAND USE ZONING North Single - Family Residential (Ivy Woods) R -10 East Undeveloped, Single - Family Residential (Ivy Woods), N. Kerr Industrial Park, Undeveloped R -10, 1 -2, PD South Undeveloped, Single - Family Residential (Rachel's Place) (CUD) R -10, (CZD) R -10 West Church (Gospel Fellowship Holiness), Single - Family Residential (Wrightsboro Acres), Nursery (Tinga) R -20 S19 -03 Staff Report BOC 1 2.16.2019 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 1 Page 1 of 9 Aerie S19-03 4Ut� ` 1 a Y F may, t �•y�� t $c .. a _� .4S i �1 hIev, Hanover.•, ' ZONING HISTORY July 1, 1974 Initially zoned R -20 (Area l0A) COMMUNITY SERVICES Water /Sewer Water and sewer is currently provided by CFPUA. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire Archaeological District, New Hanover County Station Wrightsboro Schools Wrightsboro Elementary, Eaton Elementary, Holly Shelter Middle, and New Hanover High Schools CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources ZONING CONSIDERATIONS • The applicant is seeking to obtain a special use permit to operate Brighter Beginnings Early Learning Center, a child care center, at the New Beginning Christian Church, with two components; 1) a child care center serving children from ages 2-12 and 2) an after school program serving elementary to middle school -aged children. • The proposed use is considered a "child care center" in the Zoning Ordinance. Child care centers are places where there are three or more preschool -age children or nine or more school -age children receiving child care. • According to the applicant, the Early Learning Center will serve children from ages 2 through 12, Monday through Friday from 7:00 am to 6:00 pm, to better prepare the children for school readiness. The applicant has indicated that this program will have a maximum S19 -03 Staff Report BOC 1 2.16.2019 Page 2 of 9 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 2 capacity of 52 children. In addition, the fellowship hall will be designated for the afterschool program, with a maximum capacity of 50 students. In total, the proposed facility will have a total capacity for 102 children and have 10 full -time staff members. All of the facilities will be within the existing church building. No new buildings are proposed with this special use permit. • The Early Learning Center will also offer after school programs for elementary and middle school aged students. Around 2:00 pm, the two Early Learning Center transportation vans will depart from the subject site to travel to Castle Hayne Elementary, Wrightsboro Elementary, and Murrayville Elementary schools to pick up children participating in the afterschool program. These vans will use the existing unimproved roadway that connects to Blue Clay Road rather than exiting the site via Holland Drive or Old Mill Road. • All children will be picked up by their guardians between 4:00 pm and 6:00 pm. Pick up time is staggered throughout the afternoon and early evening with the program closing at 6:00 pm. Below: Existing parking facility with direct access to Blue Clay Road • Based upon the Church's weekday schedule, there will be no overlap or conflict between the Early Learning Center's operations and the Church's. The Church hosts an Adult Bible Study that meets on Tuesdays from 7:00 pm to 9:00 pm and choir practice takes place on Thursdays from 7:00 pm to 9:00 pm. All other Church related operations take place on the weekends, outside of the proposed hours of operation for the Early Learning Center. • In addition, Gospel Fellowship Holiness is directly across from New Beginning on Alex Trask Drive. The two churches have peak traffic on weekends, helping reduce traffic on weekdays. • New Beginning initially obtained site plan approval in 2010 to operate as a church, a permitted use by -right in the R -20 district. The church subsequently modified the site plan, and obtained approval in 2013 to construct additional grass /gravel parking spaces and a stormwater facility. The existing parking facility is sufficient to serve both the church and the S19 -03 Staff Report BOC 1 2.16.2019 Page 3 of 9 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 3 child care operation, as the Early Learning Center will operate when normal church services are not conducted. TRANSPORTATION The subject site is currently accessed by two existing driveways located along the eastern side of Alex Trask Drive. According to the applicant, staff will transport students from the surrounding schools to their after school program, and will utilize an unimproved roadway off of Blue Clay Road to drop the children off at the Early Learning Center. The below trip generation reflects the total square footage within the existing church that will be utilized for the child care center. LAND USE INTENSITY AM PEAK PM PEAK Day Care Center (ITE 565) 6,000 square feet 70 71 The proposed child care center is estimated to generate about 70 trips in both the AM and PM peak weekday hours. The center's peak times are outside of the normal peak hours for church activities. Because the proposed child care center does not meet the threshold to require a TIA to analyze the traffic impacts, staff has provided the volume to capacity ratio for Blue Clay Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area to support the expected additional traffic. Traffic Counts — August 2018 Road Location Volume Capacity V/C LOS Between Kerr Avenue Blue Clay Road 5,548 15,600 0.36 A and Old Mill Road • The WMPO recently completed traffic counts on Old Mill Road and Holland Drive in October 2019. The counts indicate that both roads have current weekday traffic volumes at about 10% of their capacity. S19 -03 Staff Report BOC 1 2.16.2019 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 4 Page 4of9 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact AnalXses 91 Approved �,� �► Under Review Under Draft Nil ME I ONE,:, - 1�iin■ itl'fl ��� 1111 - �� �i�rslSells Rim• ...,..__ r R L ra �.... ■r� , ��I �rI f� fles r 1. Nearby NC STIP Projects: STIP Project U -5863 • Project to widen Castle Hayne Road from 1 -140 to MLK Parkway. • Current production schedule for this project is to begin right -of -way acquisition in 2020 and bidding of the project in 2022. However, the draft STIP, which will be finalized in September, has moved the dates for right -of -way acquisition to 2021 and bidding of the project to 2024. • This project will widen Castle Hayne Road by adding a center turn lane or median to certain sections of the Road. S19 -03 Staff Report BOC 1 2.16.2019 Page 5 of 9 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 5 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status 1. Trasco Distribution • 154 single - family dwellings ' Approved June 18, 2015 Center (FedEx) Distribution Center • 2016 Build Out Year The TIA required improvements must be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a westbound right turn lane and signal modifications at North Kerr Avenue and Castle Hayne Road. Nearby Proposed Developments included within the TIA: • None Development Status: The commercial development is completed and the required roadway improvements have been installed. Proposed Development Land Use /Intensity TIA Status 2. Rachel's Place • 154 single - family dwellings • Approved October 22, 2015 0 2018 Build Out Year The TIA required improvements must be completed at certain intersections in the area. The notable improvements consisted of: • Constructing a north bound left turn lane on Blue Clay Road at the site access on Blue Clay Road Nearby Proposed Developments included within the TIA: • River Bluffs • Trasco Distribution Center • Riverside Development Status: Construction is underway. Currently 92 zoning permits have been issued for new homes within Rachel's Place. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Ness Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and class III (severe limitations) soils, however, the site is already served by CFPUA water and sewer services. S19 -03 Staff Report BOC 1 2.16.2019 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 6 Page 6 of 9 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. 3 � Place Types' iy S 1 9 COMMUNITY MIXED USE $� GENERAL RE `IC :., '- ` c < `" MENT C Future Land Use Community Mixed Use Map Place Type Focuses on small - scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. The proposed child care center use would be located in an existing religious assembly facility adjacent to an existing church (Gospel Fellowship Holiness) and existing residential neighborhoods. The Comprehensive Plan designated the subject property and adjacent undeveloped land along Blue Clay Road as Community Mixed Use in order to provide an orderly transition between existing single family residential homes and the industrial Analysis park at the corner of Blue Clay Rd. and N. Kerr Ave. and other industrial uses near the airport. A daycare use is in line with both the institutional services intended for Community Mixed Use areas and the types of supportive commercial, civic, and recreational development allowed for in the adjacent General Residential areas. Locating services in these areas is intended to provide convenient support services for nearby residents. The proposed child care center use is generally CONSISTENT with the 2016 Consistency Comprehensive Plan because it provides child care services that can support Recommendation nearby residential neighborhoods, in line with the recommended mix of uses for both Community Mixed Use and General Residential place types. S19 -03 Staff Report BOC 1 2.16.2019 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 7 Page 7 of 9 STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Conclusion 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Water and sewer services will be provided by CFPUA and will be provided and designed in accordance with CFPUA's standards. B. The subject property is located in the New Hanover County North Fire Service District. C. The site is accessed from Holland Drive (SR 1358) and Old Mill Road (SR 2148), which provide direct connections to Blue Clay Road (SR 1 31 8) and Castle Hayne Road (NC HWY 133). D. The proposed child care center is estimated to generate about 70 trips in both the AM and PM peak hours. The 2018 volume to capacity data, provided by the WMPO, indicates capacity currently exists in this area to support the expected additional traffic. E. The child care center must be licensed with the North Carolina Department of Health and Human Services and comply with additional regulations imposed by the agency. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned R -20, Residential District. B. Child care centers are allowed by Special Use Permit in the R -20 zoning district. C. The existing site complies with all applicable technical standards of the Zoning Ordinance including buffering and parking requirements to accommodate the proposed child care center. No additional site improvements are required. Conclusion 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The proposed child care center use would be located in an existing religious assembly facility adjacent to an existing church (Gospel Fellowship Holiness). The surrounding area contains a mixture of land uses including single - family residential, multi - family residential, and commercial land uses. B. No new construction is proposed to accommodate the proposed child care center operation. C. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Conclusion 4: The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. A. The 2016 Comprehensive Plan classifies the subject site as Community Mixed Use. This place type's intent is to provide an orderly transition between existing single family residential S19 -03 Staff Report BOC 1 2.16.2019 Page 8 of 9 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 8 homes and the industrial park at the corner of Blue Clay Rd. and N. Kerr Ave. and other industrial uses near the airport. B. The proposed child care center use is generally consistent with the 2016 Comprehensive Plan because it provides child care services that can support nearby residential neighborhoods, in line with the recommended mix of uses for both Community Mixed Use and General Residential place types. PLANNING BOARD ACTION The Planning Board considered this application at their November 7, 2019 meeting. No members of the public spoke in favor or in opposition of the proposed Special Use Permit. The Planning Board recommended approval of the application (7 -0) and did not place any conditions on the proposal. EXAMPLE MOTIONS Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Example Motion for Denial: Motion to recommend denial, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Zoning Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. (State the findings) that the application does not meet and include reasons why it is not being met] S19 -03 Staff Report BOC 1 2.16.2019 Board of Commissioners - December 16, 2019 ITEM: 13- 2 - 9 Page 9 of 9 Case: S19 -03 500 Feet Site Address: 3120 Alex Trask Dr GENERAL RESIDENTIAL Existing Zoning /Use: Proposed Use: R -20 & (CUD) R -10/ Day Care Church N -� AQ m g, LL -RD ��CRASK p� 0 Subject Site of ITE COMMUN ,-MIXED U _nu- ` Place Types COMMERCE ZONE EMPLOYMENT CENTER j GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE Z. RURAL RESIDENTIAL ��� CONSERVATION Case: S19 -03 500 Site Address: 3120 Alex Trask Dr Existing Zoning /Use: R-20 & (CUD) R -10/ Church 522 606 518 -512, 51r • /�• • • 604 • pf0p- • 516 520 602 608 3219 R� /519 600• .603 3209 X211 • 3220 • I • 601 60510 3207 3216 • 602 • 607 • 3217 • 0\ -604\R�60606092 3213• 3218 03200 611 • • 209 +`3214 `3217 ♦ 3220055' 0�\ ® 47 3121 ��} 608 610 •h-Y. •32103 13� • • 3201 • w3206�3209� 3212 49 • 3202 • % 44 • 3120 3200• 3205 20� • 51 ♦ 3201/ 3204 46 ••53 •/ 48 • 50 • 52 • 54 56 • • 58 • • Subject Site 2142 213 2150 ♦ • • • 2132 \ 3116\ 2158'2 54 21 56 2128 ♦2 +2: T 116 3117 *112 2176 2166 210 • ♦ 92127 2124 2112 •2108 • • 2165 2153 2139 2131 *21419 • 1309 3113 2177 • ♦• 2161 2121 *15 ♦ • • 3109 2169 1249 • 2109 ♦ 2181 42173 1241 • ♦ 1253 1265 1313 • 1245 ♦ • ♦ • • 2105 •1312 2188 2185 1257 1261 • 1238 • + -3033 1272 8 1242 1260 12647 2052 3029 • • • 30250 3028 1268 2043 3079 3021 • w 2039. 4 J 28 r 3024 ♦ 2044 x2040 3017 • • 2035 3013.3020 • 2031 2036 • 2032 3009 3012. 3016 • 2028/ 3005 ♦ 3008 ♦ 2023 •2027 ♦2024 04 2015 ♦ 2019: 2020/ \ 2011 ♦ ♦ 2016 Feet Parcels witH Ra-MO)WRmmissi r - D c 2 1 + / z ` ITE . 3 - 2012 Proposed Use: N R -10 1 B -1 Site PD ILI m" 0 OV ur Z, R -15 PENN.INGT APPLICANT MATERIALS Board of Commissioners - December 16, 2019 ITEM: 13- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcgov.com SPECIAL USE PERMIT Application Applicant /Agent Information Property Owner(s) If different than Applicant/Agent ' Name Owner Name Robert L. Campbell Company Owner Name 2 New Beginning Christian Church dba Brighter Beginnings Early Learning Centr Address Address 3120 Alex Trask Drive City, State, Zip City, State, Zip Castle Hayne, NC 28429 Phone Phone (910) 341 -7984 Email Email nbcc @newbcc.com Subject Property Information Address /Location 3120 Alex Trask Drive, Castle Hayne, NC 28429 Parcel Identification Number(s) R03308- 002 - 009 -000 Total Parcel(s) Acreage 4.7 Acres Existing Zoning and Use(s) R20 - Commercial Future Land Use Classification N/A Only) Application Tracking Information (Staff Case Number Date/Tirpe r ceived: Received by: 11 - Page 3 of 8 Board of Commissioners - Dec i3►l'.&p2FAr@nit Application — Updated 7/2017 ITEM: 13- 7 - 1 Proposed Use(s) & Written Description Please list the proposed use or uses of the subject property, and provide the purpose of the Special Use Permit and a description of the project (please provide additional pages if needed). We propose to open Brighter Beginnings Early Learning Center (BBELC) which will operate inside of our existing building, New Beginning Christian Church (NBCC) facility and is in keeping with our church mission to positively impact our community. In 2010, we designed the NBCC facility to the specifications to meet NC state regulations for a daycare center. We will use 4 classrooms, each approximately 460 sgft., which will host a maximum of 13 students, totaling 52 children; our fellowship hall, approximately 2500 sqft., with direct access to 2 restrooms, for an afterschool program that host a maximum of 50 students; total capacity 102 children. BBELC's mission is to prepare children for school readiness, serving ages 2 to 12 years old, Monday through Friday, 7:00am to 6:00pm. As a 501(c)3 religious organization, we have taken the required steps to qualify as licensed childcare facility under a Notice of Compliance (NCGS 1 10 -106). We have been inspected and approved by the Fire Safety Inspector (6/10/2019); the Environmental Health & Sanitation Inspector (8/9/2019); and the NC Department of Health and Human Services, a Division of Child Development and Early Education (9/26/2019). NBCC's full -time staff have completed criminal background investigations and screened for tuberculosis as required. For safety, precautionary measures are in place. We have installed security cameras throughout the building including monitored and approved entry using a video doorbell. Traffic Impact Worksheet Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Transportation Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: The approximate 6,000 square feet does not require a traffic impact study. Trip Generation Variable (gross floor area, dwelling units, etc.): __N /A__ AM Peak Hour Trips: _ _ PM Peak Hour Trips: Page 4 of 8 Board of Commissioners - Dec4PVj&I fbe2bJ*it Application — Updated 7/2017 ITEM: 13- 7 - 2 CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. You should address any additional considerations potentially raised by the proposed use or development. 1. The use will not materially endanger the public health or safety if located where proposed and approved. Considerations: • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection • Soil erosion and sedimentation • Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater • Anticipated air discharges, including possible adverse effects on air quality The proposed approval of BBELC will not have any adverse impact on the surrounding community, traffic and environment. The BBELC will be housed inside NBCC facility except when children will be allowed to play outside in a fenced, naturally landscaped playground that allows for the natural absorption of water. BBELC will operate 7:00am to 6:00pm, Monday through Friday, when normal church services are not conducted. Not only does this proposal not generate enough trips for a traffic study, but the afterschool program will use vans, and an unimproved road leading to pick up students, reducing even further any adverse impact on traffic in this community. 2. The use meets all required conditions and specifications of the Zoning Ordinance. This Early Learning Center is an extension of New Beginning Christian Church. The building was designed and newly built 7 years ago to accommodate the BBELC and this design met all the New Hanover County zoning standards. Ninety percent (90 %) of BBELC's activities will be on the inside of NBCC facility where BBELC is housed. The current facility does not require any modifications in sewage, water run -off, emissions, traffic, etc. to accommodate the approve of this special use permit. Page 5of8 Board of Commissioners - Dec�RW04&e2bqK3nit Application — Updated 7/2017 ITEM: 13- 7 - 3 I CRITERIA REQUIRED FOR APPROVAL OF A SPECIAL USE PERMIT I (continued) The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc) • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property We believe that BBELC will be a welcomed addition to our fast growing community as it offers convenient, safe services to families in this and surrounding neighborhoods. With three elementary schools nearby, there are limited afterschool programs available. We add value to the community by transporting students from school to our safe, structured and educationally enriching environment. Our newly constructed state -of- the -art facility is contiguously located next to Rachel's Place, a new subdivision of 154 custom built homes. We are opening BBELC at a very opportune time to provide additional amenities that add to the growth of our comnunity. 90% of BBELC's activities will be on the inside of NBCC facility where the BBELC is housed. Most of BBELC's positive contributions to the community will be felt but not physically seen. he current facility does not require any modifications in sewage, water run -off, emissions, traffic, etc. to accommodate the approval of this special use permit. 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the New Hanover County Comprehensive Land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc) • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards BBELC is 100% in sink with the New Hanover County's Comprehensive Land Use Plan! NBCC's state -of- the art facility and BBELC's focus on providing a 5 -Star early learning culture for children and families looks more like the future being built adjacent to us in the custom build homes of Rachel's Place and the new subdivisions of Blue Clay Road and Castle Hayne Road that is within one mile of our location. BBELC and NBCC adds to the growth character of this community. BBELC an excellent facility, at the ,right time, offering teh right services to help provide another beneficial component to the community and no addition construction, zoning or traffic patterns are necessary for this endeavor. Page 6 of 8 Board of Commissioners - Dec�R#S 111�bgignit Application — Updated 7/2017 ITEM: 13- 7 - 4 APPLICATION REQUIREMENTS Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial ". If an item is not applicable, mark as "N /A ". Staff will confirm if an application is complete within five business days of submittal. Applications must be complete in order to process for further review. Page 7 of 8 Board of Commissioners - Dec& l�&,e2Ngnit Application — Updated 7/2017 ITEM: 13- 7 - 5 Applicant Staff Required Information Initial or Initial or N/A N/A 1 Complete Special Use Permit application.�j 2 Application fee — ($500; $250 if application pertains to a residential use (i.e. �5 mobile home, duplex, family child care home). 3 Traffic Impact Analysis (for uses that generate more than 100 peak hour trips). N/A pJ 4 Site Plan including the following elements: , IA IV • Tract boundaries and total area, location of adjoining parcels and roads. • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and area to be occupied by each structure and /or subdivided boundaries. For non - residential structures, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. ^11A • The one hundred (100) year floodplain line, if applicable. • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance. • The approximate location of US Army Corps of Engineers Clean Water Act Section 404 and Rivers and Harbors Act Section 10 Wetlands, and wetlands under jurisdiction of the NC Department of Environmental Quality. • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by Federal or State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable). 5 1 hard copy of ALL documents AND 8 hard copies of the site plan. Additional hard A -J copies ma be required by staff depending on the size of the document site plan. 6 1 PDF digital copy of ALL documents AND plans. Page 7 of 8 Board of Commissioners - Dec& l�&,e2Ngnit Application — Updated 7/2017 ITEM: 13- 7 - 5 ACKNOWLEDGEMENT AND SIGNATURES By my signature below, I understand and accept all of the conditions, limitations and obligations of the Special Use Permit 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 that the proposal meets the four required conclusions. 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. Authority for Appointment of Agent Form If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and commitments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with Or arising out of this api3 icibtion. )CO-6EF'R t L , Z/ Rn t t'rgna ur f Prop rty Owns) Print Name(s) I Robert L. Campbell Signat�of Applicant /Agent v I Print Name NOTE: Form must be signed by the owner(s) of record. If there are multiple property owners a signature is required for each owner of record. *The land owner or their attorney must be present for the application at the public hearings. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper (approximately 2 -3 weeks before the hearing), 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. For Staff Only Application Received: Completeness Determination Determination Performed Planning Board Meeting: Required B (date): on (date): Page 8 of 8 Board of Commissioners - DecgRit W14sE2®4gnit Application — Updated 7/2017 ITEM: 13- 7 - 6 iF i`• TT t x7_ f IuI1UM .YF A . f?fil) PAS F, ," t- M1 a i XI iST. • ;s [. 4Uf +K R*.r ... j[r i k `e l l "�`fkM x ` T, P to a• n. K+. a. :� r C wl vx F`M( - I C in ' r° < ! r 1 f mow.' � - 'ry- : •�; €_� v} � ; l4� i r k�'., r.._ '�� , --.tip` _. f `w',rfir.•.- P F. � ^ Y. a i . lzvy I'fkk ..i�'^c� ti E I — . _ n, �� `4 ' •''" ,.°' �. +— �� °i"°�'' . s w AMLI'r YV(MtEN r. L iii : t 2 c AT j AW S � -- l Brighter Beginnings Early Learning Center space usage within New Beginning Christian Church Board of Commissioners - December 16, 2019 ITEM: 13- 7 - 7 a �`' " it •~ti`z ors lZI Xt — - -- — -z3 it _IV �- E. T ,! r NEW BEGINNING s CHRISTIAN CHURCH A2 1 4 <E 3 e \ 0 0 DA I \ C 41 ego _P7.9mmissioners - - /' ITEM: 13— 7 — 8 • , .,___,._ — o CI) a 1 to (D at O QS CD 0 0 n 0 I Ti !ER C2 (3 plj 0 0 < C) M < M M J 0 , 0 0 1 M, .Ns Pli 4 0) O CA Board of Commissioners - December 16, 2019 ITEM: 13- 7 - 9 1=1 ZE 0 V�j * CD M 9 mw 7) > z M CD m G) r I r- C() Cn Cb ;0 .0 M G) > 5 C: G) CO M :z CD 0 0 0 0 0 -&On Ln 0 (D 0 1p Cb 0 zm 0) — w 3 or CD CD Ili F3 2r C) (D C�- C3 Cb n ar. 0 ro co { > l > 0 X X ► CD m "< 0I 0 Qj 1 «' > 0 0 :Q CL Z7 tj = ("0 (D 004 02 4 = Board of Commissioners - December 16, 2019 ITEM: 13- 7 - 9 M ZE 0 V�j * CD M 9 7) > z M m G) C() Cn z M G) > 5 C: G) CO M Board of Commissioners - December 16, 2019 ITEM: 13- 7 - 9 /V NC DEPARTMENT OF 0714(a) through (d) HEALTH AND E� 11 the requirements in .1101 through .1103 would not be applicable. -through .1106 HUMAN SERVICES Staff Division of Child Development and Early �- Education Robert Campbell New Beginning Christian Church 3120 Alex Trask Drive Castle Hayne, NC 28429 RE: Letter of Intent CENTER NAME: PROJECTED CAPACITY: PROJECTED AGE RANGE: OPENING DATE: Dear Pastor Robert Campbell: ROY COOPER • Governor MANDY COHEN, MD, MPH • Secretary ANNA CARTER • Director September 26, 2019 ID# 65001023 Brighter Beginnings Early Learning Center 102 2 years —12 years September 30, 2019 Your revise Letter of Intent has been received in this office as of September 17, 2019. A copy has been forwarded to the local Licensing Supervisor serving your area. Based on the date in your letter and receipt of required information, your child care center may open on September 30, 2019 or anytime thereafter, provided DCDEE has received verification of completion of the pre - licensing workshop. Should you change your opening date, please notify your local Licensing Supervisor immediately. Any religious - sponsored child care facility that is regulated by this agency must meet all health and safety standards as set forth in the child care rules, however, North Carolina General Statute 110 -106 allows your facility to be exempt from meeting the standards in the following areas of the Child Care Requirements. Rules: .0703(c) through (f), .0704, .0710, .0711, Staff Qualifications and Training Requirements 0714(a) through (d) * *'`For programs accepting subsidy, the exemption of not having to meet Rules: .1101, .1102 (a), (b), (e), and (g), and. 1103 the requirements in .1101 through .1103 would not be applicable. -through .1106 Rule: .2510 Staff Qualifications if Working with School Aged Children Only Rule: .1803(a) Corporal Discipline (only if notice and policy submitted to the Division for review prior to implementing as outlined in .2102 Rules ..0508, through .0510 and .2508 Age Appropriate Activities IMPORTANT: Although you have been allowed to open your center as of the above date, North Carolina Child Care Rule 10A NCAC 09 '2101(d) requires that an operator must submit a Facility Profile Application, approved building, fire and sanitation inspections, and a floor plan, to the Licensing Supervisor no later than thirty (30) days after beginning operation. The Licensing Supervisor for your facility is: Lynette Robbins PMB 361 3600 S. College Rd. Ste. E Wilmington, NC 28412 Phone: 910 - 824 -0235 Lynette. Robbins andhhs.nc.gov It is your responsibility to contact the appropriate agencies to complete the building, fire and sanitation inspections. Please be aware that in some areas of the state it may take time to complete the process to receive approved inspections. General Statute 110 -106 requires that approved inspections be submitted to the Division within 30 days after you begin operation, so you may need to adjust your planned opening date based NC DEPARTMENT OF HEALTH AND HUMAN SERVICES • DIVISION OF CHILD DEVELOPMENT AND EARLY EDUCATION LOCATION: 333 Six Forks Rd • Raleigh, NC 27609 MAILING ADDRESS: 2201 Mail Service Center, Raleigh, NC 27699 -2200 www.ncdhhs.gov • TEL 919 -814 -6300 • Fax 919 -715 -1013 Board of Commissioners - December 16, 2019 AN EQUAL OPPORTUNITY 1TFEEMIJT &A7Trto j OMPLOYER upon your timeframe to obtain approved inspections. Failure to submit the forms within 30 days may result in the issuance of a Notice to Cease Operation, as well as prevent or delay the receipt of any payments from the Department of Social Services. Once the above forms and inspections have been completed, you should mail them to your local Licensing Supervisor. After receiving all required items, the Lead Child Care Consultant will contact you to schedule a visit to your center. At that time the Lead Child Care Consultant will monitor your center for compliance with all applicable requirements. INFORMATION NEEDED: • CRIMINAL BACKGROUND CHECK: Each prospective child care operator and provider must complete the criminal background check and have a valid CBC Qualification letter prior to: • Being hired by a child care facility o Receiving a license to own or operate a child care facility • Caring for children in a non - licensed home and receiving subsidy payments • Becoming a household member (which includes any household member, over 15 years of age) in a Family Child Care Home (FCCH), Center located in a residence, or a non - licensed home receiving subsidy payments • Moving into a FCCH, Center located in a residence, or a non - licensed home receiving subsidy payments. Visit the Division's website at: https: / /ncchildcare.ncdhhs.gov/ Home / DCDEE- Sections /Criminal - Background- Check- UniUBasic Information to complete the criminal background check process. Criminal background checks for your employees must be completed prior to employment. Please review the instructions carefully. PRELICENSING WORKSHOP: North Carolina Child Care Rule 10A NCAC 09 .0301 (a) requires the operator of a child care center to complete a two -day pre - licensing workshop. Operator is defined as the person held legally responsible for the business. The Division of Child Development and Early Education also recommends that all administrators for the child care facility attend the two -day pre - licensing workshop. Please hp reminded, the pre - licensing workshop must be completed prior to your opening date. The upcoming workshop schedules is available on the DCDEE website at. https: / /ncchildcare.ncdhhs.gov /Portals /O/ documents /pdf /P /prelicworkshop. If you or someone from your center has not attended a session, please register for one as soon as possible. These workshops are held quarterly throughout the state. If you are unable to complete this workshop prior to your opening date, please notify your local Licensing Supervisor immediately. • FORMS: All forms can be located on the DCDEE website: https: / /ncchildcare.ncdhhs.gov /Provider /Provider- Documents - and -Forms 1. Sample floor plan (Included) 2. Facility Profile Application 3. Building and Fire Inspection forms 4. Blank Floor Plan 5. Pre - licensing workshop schedule If you have any questions pertaining to the appropriate requirements and procedures related to a religious sponsored child care facility, please - contact your local Licensing Supervisor or contact the Division at 919 - 814 -6300 or 1- 800 - 859 -0829 (in State only), by fax at 919 - 715 -1339 or email the DCDEE Webmaster at webmasterdcd(@dhhs.nc gov. Sincerely, Tamara Barnes, Assistant Director Regulatory Services Section TB /LR/sb Enclosures Cc; Lynette Robbins, Licensing Supervisor Jennifer Dempsey, Lead Child Care Consultant Board of Commissioners - December 16, 2019 ITEM: 13- 7 - 11 Qc��O|2Ol6 Date and Initial: Pu0cI of '�� ' ����'��lD���� , ~^'�= ^,~,�.�^.���uva !'------------------------ —�--- -----------'' -----'----------- / FxoiU(yID# Cons ---------------� Jennifer Dempsey Name vf0perudvu: Br�hter Beginnings EadyLearning | {�«c�um �----- -------�--------- -- --- | Centar i .� �-----�--� �— �.� - —' - � — �'-�---- -�--------- --- ----- -�------�—�- ----- Vbif�---�—�--' �'�T----'---- — --- ------- -- — September i Number Present: �- ----�'--�-- ��~����-----_---_ 0 / l0ummMo: Time Out: --' -- - �-- / 10:00 12:45 � �����rom� [---'-----�— --'�------ -'4'-----'--�=~=` i TyproyVisit: lJ�rm[�o ��------- ' . | � � []Adrnin Action Follow-Up A/N 'Initial Assessment [enter � []Admin Action Follow UpLic []ERS i []F[[H . []Annua| Comp DiffMont [] Letter ufIntent i L] Drop in � ��Annua|[onnpFuU E-7. Other � Summer Camp L]Annua| Comp w/ Rated LicAsserss XPreUcen»ingConsu|tation / []Aonua| Compliance Follow-Up []Rated License Assessment i An«»»n'odo,Uounuumoxnt / a—Attempted Visit []RoutineUnannnunced | ��Announced | � LJ[omp|aintFuUow-Up []T/ATraining Unannounced � �Cnmp�int Visit rlTemp7lme Period / . / ! L][Vurtesy LJUnannounoedFollow-Up ! Yiooh000A['onnneommjbmenxd000: -----' - — ' The purpose of today's visit was to monitor compliance for applicable requirements for a potential new Religious sponsored facility. The facility is owned, and will be operated by New Beginning Christian Church, Inc. An initial walk through of the facility was completed June 25,Z018. During the June 23,2O18 all spaces were measured. An Assistant Pastor completed the two-day pre- !icensingvvorkshop in January 2Ol8. An approved fire Inspection was completed June 1O,J0l9; the facility was approved for day time care only. An approved Sanitation Inspection was completed August 8, 2019; the facility received a Superior rating with 6 demerits. Environmental Health approved the facility for a capacity of1UZchildren. 4n approved building inspection has not yet been completed. A Building Inspection form was printed and provided for you during today's visit. You are resubmitting your Letter of Intent to Raleigh this week and are ready to open. The facility is planning to use four classroom spaces and the fellowship hall. At this time the facility is planning to provide care for children ages 30 months and older. You have fenced your outdoor area since my last visit. Today we measured your outdoor space. The fenced in outdoor space has a capacity of 34 children at 100 square feet per child. All spaces have direct exits to the outside. Each space has direct access to a bathroom. Based on 30 square feet per child, the facility may have a total capacity oflZ1. The final capacity will be determined once all approved inspections have been received. As Environmental Health has limited you to a capacity of 102 children, your capacity may not exceed 102 children. Today you were provided with appendix F. I have received your application, legal designee, appendix 1, approved fire inspection, approved sanitation inspection, floor plan, facility personnel and operational policies, pre-service for administrators, and qualifying criminal record letter for your board member overseeing the child care program. If the operator fails to cerrect any documented violations within the established time period., the Division of Child Development and Early Education may deny, suspend, terminate or revoke and permit to operate (I OA NCAC 09.2000.). .48in,fo,/x^xiov/n this report has been rcvie'mdwith mc,odqv./ understand that dis/v?,mpons/6ilit`/o"u/inu- in compliance iv//6 @qn!icoh/uNlCh&/('ure Rr4/irmxm"w ^x oY//o/os. Board of Commissioners 'D000mbor10.2018 , peon io Charge Sig»um,'. \�` ` ITEM: 13'7 12 m '44- . -�_ _~__ C^nm|tnorp8igoomn, —all 1112U 111awl. ♦ ( i� r ` �. Page 2 of 2 { t Once you have received your approved Letter of Intent from our Raleigh office, you may begin operating on the date stated it your letter. You must have an approved building inspection within 30 calendars of operating. A visit will be made during your first 30 days to assess compliance with applicable child care requirements. Please call, or email me if you have any questions. Jennifer Dempsey (910)824 -1447 PO BOX 2234 Jennifer.demspev @dhhs.nc.gov Shallotte NC 28459 If the operator fails to co3-rect an} documented violations iiithin the established time period, the Division of Child Development and E:arli Education mad denj,, suspend, terminate or revoke and permit to operate (10.! NUAC 09 .2000.). .411 iWormation in t "ais rej)orl has been rerieiive(l with uj—, tozifir. l unclersicinti then it is m.l. responslhilin. t0 maintain coinlVitinc'e 11 ath an)hcahle -Vt . Child Care Regzih k mew; at all jillltS. %1 a in Charge :arc: Jlr 'Are: Board Board of Commissioners - December 16, 2019 7 ITEM: 13- 7 - 13 -rmivu w t uuin ucauu Environmental Health Section Sanitation Standards Evaluation Form for Child Care Centers Classification: ❑ Superior ❑ Approved Water Supply: 8 Community Transient Non- Community Wastewater System: ❑ Community Licensing ID No: Name of Facility Street Address: Demerits: Date of Insp /Chg Status Code: neaan ijepanmenr _ Current Facility ID: Old Facility ID: ❑ Provisional ❑ Disapproved Non - Transient Non - Community Non- Public water Supply ❑ On -Site Systems HANDWASHING:.2803, .2836 Demerits 1. Handwashing when required 5 2. Proper handwashing procedure 5 FOOD: .2804, 1806, .2807, .2808, .2836 *3. From approved sources, no spoilage, no adulteration 6 *4. Potentially hazardous foods meet storage and holding 6 temperatures; bottles, lunches refrigerated at 45' F or below 5. Food properly stored, thawed, prepared, cooked, cooled, handled, served, transported, packaged and identified; only 5 supervised children in kitchen 6. Notre- served 3 7. Thermometers provided, accurate 2 FOOD SERVICE EQUIPMENT& UTENSILS: .2809, .2810, .2812, .2814 *8. Meets specifications for refrigeration, sinks. lavatories and 6 dishwashing equipment 9 Meets specifications for other equipment and utensils. 4 approved material and construction 10. Food contact surfaces properly washed, rinsed, sanitized 5 and air dried; single - service articles not re -used 11. Approved sanitizer provided; test kit available 2 12. Equipment. non -food contact surfaces clean; in good repair 4 13. Proper storage and handling of clean equipment, utensils 3 and single - service articles WATER SUPPLY & DRINKING WATER FACILITIES: .2815,.2836 * 14. Water supply meets 15A NCAC 18A.1700 and 15A NCAC 6 18C if applicable; documentation provided *15. Hot water supplied and maintained in the kitchen 6 16. Hot water supplied and tempered water maintained as 4 required in all other areas * 17. Hot water in excess of 120 °F not allowed in areas 6 accessible to children 18. Backflow prevention provided, no cross connections 3 19. Approved drinking fountains, pressure regulated, clean 2 LEAD POISONING HAZARDS:.2816 *20. No identified lead poisoning hazards in accordance with 6 NCGS 130A- 131.7(7) TOILET AND LAVATORY FACILITIES: .2817,.2818,.2836 21. Properly sized, located, accessible, and in good repair; 4 sinks, toilets and potty chairs cleaned and disinfected 22. Soap, approved hand drying devices, toilet tissue available 3 23. Approved storage in toilet rooms, lavatories free of storage; 2 hand wash signs posted DIAPER CHANGING FACILITIES: .2817,.2818,.2819; .2820, .2836 *24. Approved facilities as needed 6 *25. Diapering surfaces cleaned and disinfected after each use 6 26. Approved cleaning and disinfecting solutions provided; test 2 kit available when required 27. Free of storage and in good repair; cleaning and disinfecting 4 solutions labeled; approved diapering methods used; diaper changing and handwash signs posted STORAGE:.2820 *28. Medications properly stored 6 *29. Hazardous products properly stored and locked 6 Water sample taken today? ❑ YES ❑ NO Inspection ❑ Name Change Re- Inspection ❑ Verification of Closure Visit ❑ Status Change Maximum Capacity: ____ - Operator: - - -- - -- -- - - - - -- -- State: -- `'_ip: 30. Non - hazardous products properly stored 31. Facilities provided for proper storage; used and kept clean BEDS, COTS, MATS AND LINENS: .2821, .2836 32. Individual linen provided; adequate beds, cots, or mats provided, in good repair, properly stored, labeled, spaced during use 33. Linen, bedding, wash cloths, bibs, burping cloths laundered, and in good repair TOYS, EQUIPMENT, FURNITURE: .2822,.2836 34. Clean and in good repair; water play centers cleaned, sanitized and maintained 35. Mouth - contact surfaces cleaned and sanitized in rooms where children who are not toilet trained are cared for PERSONNEL: .2808,.2823 36. Approved hygienic practices, clean clothes, hair restraints where required; no evidence of tobacco use where prohibited FLOORS, WALLS & CEILINGS: .2824, 2825, .2832,.2836 37. Easily cleanable, clean, and in good repair; carpets vacuumed as required and extraction cleaned; date cleaned_ LIGHTING AND THERMAL ENVIRONMENT: .2826 38. Room temperature between 65° F and 851 F 39. Equipment clean and in good repair; maintained as required COMMUNICABLE DISEASE CONTROL: .2827,.2836 *40. Persons with a communicable disease or condition excluded in accordance with 10A NCAC 41A.0200 41. Persons caring for sick or mildly ill children excluded from situations in which disease transmission likely to occur 42. Designated area for sick children; maintained as required WASTEWATER: .2829 *43. Approved wastewater disposal in accordance with 15A NCAC 18A.1900 SOLID WASTE: .2830,.2836 44. Solid waste properly handled; containers and cleaning equipment kept clean: can cleaning facilities adequate ANIMAL & VERMIN CONTROL, OUTDOOR LEARNING ENVIRONMENT & PREMISES: .2831,.2832 *45. Pesticides properly used; no new CCA pressure - treated wood 46. CCA pressure- treated wood sealed: date sealed soil covered or inaccessible 47. No animals in food preparation areas and no unrestrained animals except as allowed; no prohibited animals; required veterinary records available and current 48. Effective control of rodents, insects, and other vermin; premises free of vermin harborage and breeding areas 49. Premises clean and drained; equipment in good repair; sandboxes properly constructed and clean; adherence to air quality forecast outdoor activity restrictions when applicable SWIMMING & WADING POOLS:.2833 *50. Designed. constructed, operated and maintained in accordance with 15A NCAC 18A.2500 * Indicates critical item (6- demerits) Comment Sheet Attached ❑ YES ❑ No Signed: Environmental Health Specialist Purpose: This form is used to implement G.S. 110 -93 requiring child care centers to submit evidence of meeting sanitation standards in G.S. 110 -91. Preparation: An original and two copies of this form shall be completed by local Environmental Health Specialists during each inspection. The original is sent to the Division of Child Development, N.C. Department of Health and Human Services, one copy is given to the child care operator; and the other copy is kept by the local health department. Classification: Superior - 0-15 demerits, no 6 -point demerit: Approved -16-30 demerits, no 6 -point demerit; Provisional - 3145 demerits, or any 6 -point demerit; Disapproved - 46 or more demerits, or failure to improve Provisional classification. Disposition: This form may be destroyed in accordance with Standard- 8.B.6., Inspection Records, of the Records Retention and Disposition Schedule for County /District Health Departments which is published by the N.C. Division of Archives and History. Additional forms may be ordered from: Environmental Health Section, 1632 Mail Service Center, Raleigh, NC 27699 -1632 (Courier 52- 01 -00). EHS 1617 (Revised 7'1;) Fin ironnmital Health Section Board of Commissioners - December 16, 2019 ITEM: 13- 7 - 14 C0L'N-1AF ADULT DAY CARE & CHILD CARE FIRE WSPECTION REPORT DATE OF INSPECTION Facility ID;;. Please complete all items beloRr. If not applicable, check N/A in the box with a written explanation attached. Name of Facility b0dohr L0 Adult Child Adch-ess Phone = 'U I 1/ -1 c i ty Zip 19 1�esp�nsible Party GENERAL PRECAUTIONTS: YES NO INIA 1. Attic.fbasement/closetsigarage/furnace room —&heaters —clear of trash & combustible materials. 2. Clearance from ignition sources & combustible materials maintained. ENEERGENCY PL-kNNING: YES NO -NIA 3. Approved evacuation plan posted —__ 4. Evidence of monthly fire drills posted. 5. Record of empl :e training in fire Rreycntion,eyacu!itjojA annual fire safet-v training , on FIRE SERVICE FEATURES: 'YES —NO NVA 6. Street '4umber posted. ((C-�,ontra-,3tingcoForTobuilding t 41' or more-) I Unobstructed fire apparatus road. (NVidth of 20' & vertical clearance of not less than 13'6"). K Hydrants fire Department connections/control alves clear of obstructions by 3'. BUILDLNG SERVICES AND SYSTEMS: YES NO -X; A 9. Approved heating system, listed. (No fuel burninnor -,.tne space caters.) Emergency lighting exit fig is in rating order. good operating 11- Electrical panels clear of storage. (Minimum 30") 2. I'viri na 'fmtures in gooKo—ndition. (Extension cords not suitable for pernianentwirin- ) tepi overall domestic cook hat cooking product g ase laden var; FIRE RESIST.XNI CE: RATED CONSTRUCTION: YES NO N/A —14. Required fire resistant rating maintained. (Walls, partitions, floors) 15. Door-hold open devices/automatic door closures operating properly. INTERIOR DECORATIONS & FURNISHINGS: 'YES NO N/A i 16. No storage of clothing/personal effects in corridors & Max Max:murn 17 0% of decorative materials- covering Nvalls. Doses not apply to Lrva-odtc & 1 w material in - --achin, classroom. Nothing suspended from ceiling 13. 20° -'maxixmurn0 coverage for zjrtwmk & teachinlornate7ial located on corridor widls. 11 19. Exits free of obstructions, FIRE PROTECTION. -ES NO :iA N 20- Sprinkler system maintained %N'ch annual test reports pro-, ided. f. Smoke detector fire alarm systern maintained --Ath annual test re eportis provided. 22- Approved extinguishers mounted - ro erll. 1 23. Cookinij suppressiop system-,; &- hood exhaust criv maintained. 7 - — - - ----- -- Prolective -guards(such as scree-,-S) 013 fi- bur in furs aceso.-r fireplace-3 pro•. _& 3. -7 ,NIEANS OF EGRESS-. N0 25. All exits & their access (i.e. Aisles & Corridors) free ofobstructions. 26- All lockina dexicLs on exit doors are ofan ap roved tipei 2 Yards & fencing to allow unobstructed exit to exterior of site. F.— Approved for day time care only E-J Approved for day time and night care At the time of this hispectiou- the fire safety conditions in this facility sere: Satisfactory ❑ Unsatisfinctor-, Inspector Phone Board of Commissioners - December 16, 2019 ITEM: 13- 7 - 15 PROPOSED SITE PLAN Board of Commissioners - December 16, 2019 ITEM: 13- 8 - 1 �o CARVER CO \)< URT (50' R/w) APPROXXIMATE LOCATION OF EXISTING 8" WATER LINE TIE TO EXISTING WATER LINE (1) 8" G.V. SSMH #1_ RIM 32.6o INV (OUT) 24.30 INV (IN) 24.40 3o" FES INV 28.22 W/ 1o'x15'x18 "E.D. INV 26.80 EX. INV 28.82 SILT FENCE- SSMH #2� RIM 33.30 INV (OUT) 24.70 INV (IN) 24.80 I NCDOT D.I. #1 RIM 32.0 - INV 28.40 EX. INV 29.0 (1) F.H. ASSY. (SEE DETAIL) 8 "x6" CROSS (1) 6' G.V. 2 LF OF 2" SDR -9 CTS -PE TUBING TO 1 1/2" WATER METER 2" WATER SERVICE W/ 11/2" BACKFLOW PREVENTER 2 1/2" SDR -21 PVC SUPPLY LINE NCDOT D.I. #2 RIM 32.0 INV 28.95 EX. INV 30.39- . I I EX. INV 30.93 - EXISTING SIGN & POWER POLE TO BE REMOVED OR RELOCATED AS NECESSARY. ENGINEER TO BE NOTIFIED OF CONFLICTS PRIOR TO CONSTRUCTION. NCDOT D.I. #3 I RIM 32.0 - INV 29.53 1 BENCHMARK: "MAG" NAIL IN EDGE OF PAVEMENT = 33.50 (1) 8x6 TEE (1) F.H. ASSY. (1) 8" PLUG EX. INV 30.82 PROPOSED 3o" FES INV 29.70 SILT FENCE/ PROPOSED SSMH #3 RIM 34.20 INV (OUT) 25.90 rrl INV (BOOT & PLUG) 26.00 I Yyl K-4 co CO �! N � o fFS�11 V1 � I r � EXISTING SSMH TOP 34.20 INV 23.66 / EX. INV 8" STUB 25.55(TO BE REMOVED) I ii SAWCUT CONCRETE AND RESTORE TO EXISTING / CONDITIONS. ll %' °e1 I -_J I ��•,, APPROXIMATE LOCATION OR j I I W EXISTING CONCRETE DRIVE (\43 ) ( 128) W WY WOOD, SECTION 5 1011 PG 24 (142) Czi \ 7 IVY Wool), SECTION MB 31, PG 311 9 I EXISTING WELL SYSTEM 33- _ 45) TO BE ABANDON. I _31- 5= _- I( Ty BASEMENT - _ _ _ = J "J \ - -- - -31 32� I3 4 DxAINA EODLI 1� �� -33'� EXISTING LIGHT POLE TO BE REMOVED OR RELOCATED AS NECESSARY. ENGINEER TO BE 31�- / - NOTIFIED OF CONFLICTS PRIOR - _3,- - 6.6 TO CONSTRUCTION_ EX. INV 28.22 11.251 BEND - - _ - - - - 2� 11 N I I I 332 31 _ _ _ -= - _ .3 �17y I I 3 - - �3 1 I_ / R � DROP INLET I I p �, I \ � � 'o 4 SAWCUT ASPHALT AND _ / Jr / \ � 32.33 I I x I 1 I 1 \\ RESTORE TO EXISTING - / / /` ASPHALT WELL \ I I / PAVEMENT w CONDITIONS. WELL I Oi " $��G✓,; �� UTILITY SHED 11.251 BEND FLOOR ELEV. =33.21 I 6" SANITARY SEWER @ 1% 36" MIN. BURY LL� 1 I col l I I II I I CO II _I� p _ -_-- -' == = j -1 I 1 I1 I I I 1 1 11 1 �I . I I dc II _ i �0 ET 011 w TEMPORARY TOP 32.90 r � , 1 I CONSTRUCTTON =�� / I I /\ z I I I 1 1 I 5 // O I I 1 ENTRANCE I I I 6" C -goo PVC FIRE 3 II Z I SERVICE W/ FEBCO / I I I / II II I I I I 1 as I MODEL #86o MASTER I I SERIES LOCATED I I II/ IL- _ - -_+ _ -_ -- - - - - - -- /- _- _- _ - = - - =J v INSIDE BUILDING. FOC d TO BE LOCATED ON ^E I °o FRONT OF BUILDING ly II o y I 20' PROPOSED k�I 11 I III J I \\ UTILITY EASEMENT DROP INLET RIM 33.12 LJ J 1 I I PROPOSED �TYP) I ASPHALT V }s ��II II I I CHURCH � _> � PAVEMENT �-- � /! - II , {� I I I I I I I it ASPHALT I 1 I _ IS N I II II I I _ � - - - _:i PAVEMENT \ It, LI I i a DROP INLET/ TOP 33.62 \ \ \ � � 3 p 00 I LLLLLL[ - - /J II 11 11 FF II IIL= 1=1=1�1 - =1 =� I w ro � k X q4F d. II I I Ex.11 3 8 `' =„.. �. t _ - ` I I� �� I lL, J I I ti L � I '.I �\ I LIMITS OF DISTURBANCE sm DROP INLET p I (PLASTIC 33 73 GRATE) I ^ t� Q � � j x `. . SAWCUT ASPHALT AND RESTORE TO EXISTING DROP INLET i I CONDITIONS. I ASPHALT TOP 34-08 A I I I 1 PAVEMENT I I II w I _- _- _ -____- -.33 - 35 w RACHEL T. GONSALVES DB 2683, PG 396 / \ (12'7 ) V, ipw� �II�II 40 35 I 30 I 25 missioners - December 16, 2019 ITEM: 13- 9 - 1 20 0 +00 1 +00 2 +00 3+00 PROFILE HORIZONTAL SCALE: 1 " =50' VERTICAL SCALE I " =5' :iu'i 4 90 LUG) 26.00 35 06 & PLUG 25 20 5 +00 NOTES: I. SEWER GUARDS REQUIRED AT ALL MANHOLES. STAINLESS STEEL SEWER GUARDS REQUIRED AT MANHOLES LOCATED IN TRAFFIC AREAS. 2. SERVICES SHALL BE PERPENDICULAR TO MAIN AND TERMINATE: AT R/W LINE. SERVICES IN CUL -DE -SACS ARE REQUIRED TO BE PERPENDICULAR, OR MUST •ORIGINATE IN MANHOLE AND TERMINATE AT RIGHT OF WAY. 3. ALL SERVICES TYING INTO DUCTILE IRON MAINS SHALL BE CONSTRUCTED OF CLASS 35o, DIP, WITH PROTECTO 401 CERAMIC F FOXY LINING. 4. io' UTILITIES EASEMENT PROVIDED ALONG THE FRONTAGE OF ALL LOTS AND AS SHOWN. 5. NO FLEXIBLE COUPLINGS SHALL BE USED. 6. EXISTIlNO ON SITE STORM DRAIN SYSTEM TO BE CLEANED BY VACUUM TRUCKS. ANY FLUSHING OR JETTING OF STORM DRAIN TO PROVIDE NECESSARY EROSION CONTROL & SEDIMENTATION MEASURES AS REQUIRED BY NEW HANOVER COUNTY. 7. CONTRACTOR TO COORDINATE SIDEWALKS WITH ARCHITECTURAL LAYOUT. ENGINEER TO BE NOTIFIED OF ANY CONFLICTS. 8. CONTRACTOR TO ADHERE TO LIMITS OF DISTURBANCE STRICTLY. FT-!'.-I VEER TO BE NOTIFIED OF ANY REQUIRED DISTURBANICE BEYOND THE PROPOSED LIMITS. LEGEND CGtvo�1H 0 CONCRETE MONUMENT o�ca5 °dit`t' 'L"L�� O IRON PIPE OR RBBAR Cow• �� =z/ CENTERLINE M PROPOSED WATER METER O OCO O • G -ss- - -ss- - - ss ---ss - - w - - -- - -- -w - _w w w O -D OHW -SF-$F-SF- 30' 15� PROPOSED BACKFLOW PREVENTER LIGHT POLE PROPOSED CLEAN OUT PROPOSED DROP INLET EXISTING MANHOLE PROPOSED MANHOLE INLET PROTECTION PROPOSED STORM DRAIN PROPOSED EASEMENT LIMITS OF DISTURBANCE EXISTING SANITARY SEWER MAIN PROPOSED SANITARY SEWER MAIN EXISTING WATER LINE PROPOSED WATER LINE UTILITY POLE WITH GUY WIRE OVERHEAD WIRES WOODS LINE EXISTING PAVEMENT BOUNDARY EXISTING CONTOUR EXISTING CONCRETE EXISTING DITCH RIGHT OF WAY SAWCUT & REPAIR TEMPORARY SILT FENCE ENERGY DISSIPATER o 30' 6o' Scale: 1 " =30' VICI ITY MAP (NOT TO SCALE): OLD MILL RD ALEX TRASK DR N � m SITE 9 d N� � °a �� o w" N KERR AVE 6 -15 -2010: REVISED WATER SERVICE 6 -28 -2010: REVISED 2" PUBLIC LINE TO CTS PE TUBING 7 -19 -2010: UDATED BUILDING FOOTPRINT 7 -21 -2010: CALLED OUT 1.5" METER, DETAILED SIDEWALK 11 -19 -2010: REVISED LIMITS OF DISTURBANCE AND BUILDING FOOT PRINT. EXISTING SSMH RIM 34.20 INV (OUT) 23.66 INV (IN) 23.76 24 "x36" o DATE: 5/24/2010 APPROVED: CDC U 1" = 30' SSMH # 400 -003 SSMH #2 _ SSMH #1 RIM 33.30 RIM 32.60 INV (OUT) 24.70 INV (OUT) 24.30 INV (IN) 24.8o INV (IN 24.40 RIM 32.6o INV (OUT) 25. INV (BOOT & � N O Z � bA M - � U (1) 8" G.V. TIE INTO EXISTING - 8" WATER MAIN v U O C" _________ 0� b4 a s, EXISTING GRADE - - -- - ___- - -- -_ - - - - - - -- - -- --�� - _ -- 1 _ \1 I EXISTING 18" RCP Ij it I Y EXISTING "�i - - 1 I I/ r - -- -- -- END 8" D.I.P. EXISTING 18" RCP --- - - - --- BEGIN 8" D.I.P. WATERLINE (SEE PLAN) EXISTING STUB ' TO BE REMOVED �' I u 4j ���� WATER LINE SE PLAN) / 111 WATER DRAIN (SEE MAIN &STORM CROSSING DETAIL) _ j /. / BOOT LJ 18" I EXISTING 36" MIN. CLEARANCE RCP I - - - - - -- I i 57.56' OF 8" D.I.P. 0.4% .SLOPE o.4 %SLOPE OF 8" C -900 @ 0.4 %SLOPE -- - - - - -1 113.05' OF 8' D.I.P. o.4 %SLOPE PROPOSED TIE IN TO BE CORED 0 +00 1 +00 2 +00 3+00 PROFILE HORIZONTAL SCALE: 1 " =50' VERTICAL SCALE I " =5' :iu'i 4 90 LUG) 26.00 35 06 & PLUG 25 20 5 +00 NOTES: I. SEWER GUARDS REQUIRED AT ALL MANHOLES. STAINLESS STEEL SEWER GUARDS REQUIRED AT MANHOLES LOCATED IN TRAFFIC AREAS. 2. SERVICES SHALL BE PERPENDICULAR TO MAIN AND TERMINATE: AT R/W LINE. SERVICES IN CUL -DE -SACS ARE REQUIRED TO BE PERPENDICULAR, OR MUST •ORIGINATE IN MANHOLE AND TERMINATE AT RIGHT OF WAY. 3. ALL SERVICES TYING INTO DUCTILE IRON MAINS SHALL BE CONSTRUCTED OF CLASS 35o, DIP, WITH PROTECTO 401 CERAMIC F FOXY LINING. 4. io' UTILITIES EASEMENT PROVIDED ALONG THE FRONTAGE OF ALL LOTS AND AS SHOWN. 5. NO FLEXIBLE COUPLINGS SHALL BE USED. 6. EXISTIlNO ON SITE STORM DRAIN SYSTEM TO BE CLEANED BY VACUUM TRUCKS. ANY FLUSHING OR JETTING OF STORM DRAIN TO PROVIDE NECESSARY EROSION CONTROL & SEDIMENTATION MEASURES AS REQUIRED BY NEW HANOVER COUNTY. 7. CONTRACTOR TO COORDINATE SIDEWALKS WITH ARCHITECTURAL LAYOUT. ENGINEER TO BE NOTIFIED OF ANY CONFLICTS. 8. CONTRACTOR TO ADHERE TO LIMITS OF DISTURBANCE STRICTLY. FT-!'.-I VEER TO BE NOTIFIED OF ANY REQUIRED DISTURBANICE BEYOND THE PROPOSED LIMITS. LEGEND CGtvo�1H 0 CONCRETE MONUMENT o�ca5 °dit`t' 'L"L�� O IRON PIPE OR RBBAR Cow• �� =z/ CENTERLINE M PROPOSED WATER METER O OCO O • G -ss- - -ss- - - ss ---ss - - w - - -- - -- -w - _w w w O -D OHW -SF-$F-SF- 30' 15� PROPOSED BACKFLOW PREVENTER LIGHT POLE PROPOSED CLEAN OUT PROPOSED DROP INLET EXISTING MANHOLE PROPOSED MANHOLE INLET PROTECTION PROPOSED STORM DRAIN PROPOSED EASEMENT LIMITS OF DISTURBANCE EXISTING SANITARY SEWER MAIN PROPOSED SANITARY SEWER MAIN EXISTING WATER LINE PROPOSED WATER LINE UTILITY POLE WITH GUY WIRE OVERHEAD WIRES WOODS LINE EXISTING PAVEMENT BOUNDARY EXISTING CONTOUR EXISTING CONCRETE EXISTING DITCH RIGHT OF WAY SAWCUT & REPAIR TEMPORARY SILT FENCE ENERGY DISSIPATER o 30' 6o' Scale: 1 " =30' VICI ITY MAP (NOT TO SCALE): OLD MILL RD ALEX TRASK DR N � m SITE 9 d N� � °a �� o w" N KERR AVE 6 -15 -2010: REVISED WATER SERVICE 6 -28 -2010: REVISED 2" PUBLIC LINE TO CTS PE TUBING 7 -19 -2010: UDATED BUILDING FOOTPRINT 7 -21 -2010: CALLED OUT 1.5" METER, DETAILED SIDEWALK 11 -19 -2010: REVISED LIMITS OF DISTURBANCE AND BUILDING FOOT PRINT. Z' . E3 rU P4 z Uz CARD` S E A L 032555 INV I CLIENT INFORMATION: NEW BEGINNING CHRISTIAN CHURCH, INC. 401 SOUTH SEVENTH ST. WILMINGTON, NC 28401 910 - 341 -7984 DRAWN: DNU v 24 "x36" o DATE: 5/24/2010 APPROVED: CDC U 1" = 30' PROJECT NUMBER: 400 -003 � N O Z � bA M O � U 0 v U O C" I --�- -� WN 0� b4 a s, • c3 Z' . E3 rU P4 z Uz CARD` S E A L 032555 INV I CLIENT INFORMATION: NEW BEGINNING CHRISTIAN CHURCH, INC. 401 SOUTH SEVENTH ST. WILMINGTON, NC 28401 910 - 341 -7984 DRAWN: DNU SHEET SIZE: 24 "x36" CHECKED: CDC DATE: 5/24/2010 APPROVED: CDC SCALE: 1" = 30' PROJECT NUMBER: 400 -003 DRAWING NUMBER: C -1 1OF2 N f� 144 / I h, / I EXISTING SSMH ' TOP 34.20 / I INV 23.66 /' I EX. INV 8" STUB 25.55(TO BE REMOVED) / OVER T, C4U RT . / _ I X50' P,/ 'YJ I r I - -- I I r 1 I 143 ' I 145 I I 5 I ----- --- - - - - - I -- ----- - - ----- - - - - -- - - - -------- ----- - - - - -! E X15TING 7 °42`00 W -- - - - - -- - - - - -- 30.28' - - - - - -- -------- RED E 8" CAL. - --------- -- I 1 1 S57'4200 "E w.I EX. INV 28.22 I I-- - -- 11.25 % %D BEND z - -- _ - INV 26.8o 6 R P - - -- _ EX. INV 28.82 SILT FENCE I I A WELL YELL - w w 0 F j f 11.5 % %D BEND UTILITY SHED 2 u; FLOOR ELEV.= 33.21., 1 6" SANITARY SEWER @ i% 136" MIN. BURY �- cq CO EX. INV 29.02 (1) F.H. ASSY. j s -- (SEE DETAIL) (1) 6" G.V. I O 1 1/2" WATER SERVICE - - {' I 2I a W/ BACKFLOW I. I3 PREVENTION 111/ N 3 x cc , o j; was v 00 I a� 1 I UTILITY EASEMENT EX. INV 30.39 ti 1� o z I� \ EX INV 30.93 N I o I i z i ASPHALT - PAVEMENT CONCRETE WALK ji C] DROPINLET (PLASTIC GRATE) TOP 33.73 MARK: "MAG" NAIL IN I I v F PAVEMENT = 33.50 a. . DROPINLET j ASPHALT TOP 3.08 (1) 8x6 TEE ' . A 50. (1) F.H. ASSY. } PAVEMENT (1) 8" PLUG ! { O - f I. \ EX. INV 30.82 4 SILT FENCE - - - - - - - - - - I N50"14'53 "W 2.21 - -I i I / I' 129 / \ \ 141 / r I ' 142 Wy WOOD, SECTION 7 \ / MB 31, PG 311 \ I / SUPPLEMENT EXSTING BUFFER --------------- - -- - - - / ---------- PER NEW HANOVER COUNTY , _____ - -- - ZONING PRIOR TO CIO. ------- --- - -` -- \ ------------ - - - - -- BMEN,T -- INV 30.40 -� ,Ad DRAINAG>AND TY \ \ I /j - ------ DROPINLET RIM 32.33 0 J if a SUPPLEMENT EX515TING BUf I ! PER NEW HANOVER COUNT Y M I I N � I I i lZ j i I 13 I ib I i � I j I j I ■ ■ I I Zevision #: )ate: 5/13/2010 Board of Commissioners - December 16, 2019 ITEM: 13- 9 - 2 ZONING PRIOR TO C /O, N_ y� 1r 511.01r EXISTING - --- - - - - -- - _ ` RED MAPLE 8" CAL, ASPHALT PAVEMENT I DROP INLET EXISTING Tnn n- -- WILLOW DROPINLET RIM 33.12 DROP INLET TOP 33.62 1 N50 °14'53 11W 'HEL T. GONSALVES DB 2683, PG 396 595.83' N a w q i 'I \\ \ I Y C)- \ 1 �7 II , 128 SECTION 5 \ I:� - - -- --- - - - - -- WyWOOD, \ ------------ - - - --- I IAB 31, PG 24 \ \ --------------------- ------- - - - - ------------------------------------------------------ - ---------------------------------------------- 1 LEGEND 11 1 -7 q OLD MILL RD ALEX TRASK DR j O ULEGEND CONCRETE MONUMENT N 0 IRON PIPE OR REBAR CENTERLINE o SITE o PROPOSED WATER METER PROPOSED BACKFLOW PREVENTER Al 67 LIGHT POLE W d w OCO PROPOSED CLEAN OUT PROPOSED DROP INLET N K,RRAVE O EXISTING MANHOLE 0 PROPOSED MANHOLE 11 `� COMMON NAME SIZE QTY 1 ALLEE ELM 5„ CAL. 10 BOXWOOD, WINTERGREEN J' GAL. 45 11 1 BURGUNDY LOROPETALUM ?J GAL. JD !, 1 ;;; CLEYERA JAPONICA -7J GAL. 8 - - - - - - - RAPEMYRTLE, PINK -RED �15TING 4 DECORATIVE GRA55 3 GAL. 28 WINDMILL PALM 7 GAL. -2 ' 1 I 1 t JUNIPER, PAR504 J GAL. 189 MAPLE, RED -- EXISTING - 4 1 , OAK, WLLOW x-- r- X15TING 8 1 1 ' 1 { EAP, A[)F0PD �CISTING 24 '; 1 �l : FITTO5PORUM, JAPANESE GAL. 36 1 dtZ tr 11 ;11 � � ! W 1 11 1, o 10" CAL. RED MAPLE 8" CAL. SUPPLEMENT EX5I5TING BUFFER PER NEW HANOVER COUNTY ZONING PRIOR TO CIO. I; I, I I 1 I `I i 1,1 Ili ,11 illl '�1 I ,1 I I 1 li 1 I ,`I �I it 1 1. 1 Ii �1 `I NEW BEGINNING CHRISTIAN CHURCH, INC Scale: I Landscape Plan: o' 1" = 30' o° i New Beginning Christian Church 0 INLET PROTECTION O -D oxw PROPOSED STORM DRAIN PROPOSED EASEMENT LIMITS OF DISTURBANCE EXISTING SANITARY SEWER MAIN PROPOSED SANITARY SEWER MAIN EXISTING WATER LINE PROPOSED WATER LINE UTILITY POLE WITH GUY WIRE OVERHEAD WIRES WOODS LINE EXISTING PAVEMENT BOUNDARY EXISTING CONTOUR EXISTING CONCRETE EXISTING DITCH RIGHT OF WAY SAWCUT & REPAIR TEMPORARY SILT FENCE ENERGY DISSIPATER NOTES: 1. TOTAL SITE AREA = 4.66 AC % %P (AS SHOWN) 4.69AC % %P (DEEDED) 2. THIS TRACT IS LOCATED IN ZONE XACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAPS. 3. BOUNDARY LINESAS SHOWN ARE DERIVED IN PART FROM RECORDED DESCRIPTIONS AND FROM MONUMENTATION MEASURED IN THE FIELD. NO BOUNDARY CORNERS ARE SET BY THIS SURVEYAND THEREFORE IS NOT CERTIFIED ASA BOUNDARY SURVEY. EXAMINATION OF THE DEED DESCRIPTIONS FOR THE SUBJECT PROPERTYAND GONSALVES PROPERTY INDICATEAN OVERLAP MOST LIKELYALONG THE EAST BOUNDARY. 4. NO UNDERGROUND UTILITIES ARE LOCATED AS A RESULT OF THIS SURVEY. A_ WATER METER SERVICING THE PROPERT" OPPOSITE THIS SIT;_ Inl_D,!CATE-S THE POIS666LE Pc --3t ° "GE OF A `Ji`'TC. ", yr %F : r'+!_I I i T ,HF- VkjEST �.:Lr+� �� ALEX TRASK DRIVE. 5. NO TREES ARE LOCATED AS A RESULT OF THIS SURVEY. 6. STORM DRAINAGE SYSTEM AS SHOWN UNDER THE PARKING LOT IS AN ESTIMATION. ALL DRAINAGE BASINS ARE CLOGGED AND INACCESSIBLE. 7- BENCHMARK IS DERIVED FROM C.F.P.U.A. CONSTRUCTION PLANS AND IS NOT KNOWN TO BE RELATIVE TO ANY PUBLISHED DATUM. Foundation Plantings: South side- 2807sf x.12 = 337sf Landscape Prov'd. Parking Lot side- 3356sf x .12 = 401 sf Landscape Prov'd. North side- 2642sf x.12 = 317sf Landscape Prov'd. 2381f Streetyard x 12'w = 2856sf/ 300 = 10 trees 3' cal. req'd. & 60 Shrubs 24" Ht. req'd. 8 new Elm 3'cal. and 2 in existing areas. i 36,5678 "ro a SO VSo Landscape Design by: James Freeman - NCLCA"T 408 Freeman Landscape, Inc. FES #5 I I INV. 30-00v C X43) 1 / 8'x 10' x 18" E.D. C 1 45 ) ' INV. 30.40 I _I I ! I I I I tom' II � N II ! IIII I ! � III CAJ / !° d III C 7,' I a ! III w n III y C I I I FES #2 ! IIIINV. 32.20 \ I I 6' � 1q )� 18" E.D. \ ri II I 1 35'50 � 1 I ! 35.6o I11.ri.001 10 WLEGEND 20'EMERGENCY PROPERTY LINE SPILLWAY ELEV. 3.50' — �� --� �` �� - PROPOSED BUILDING \ FAIRCLOTH SKIMAV ER EXISTING PAVEMENT SEE DETAIL SHEET C5) = i 1�-1 CEMENT `=_= PROPOSED WATER TLET STRUCTURE — �� � ��11 I 1 — — B.UFFERYARD 9 � OS OD TU DISTURBANCE LLIMITS RBANCE DETAIL SHEET C5 �`�� ' _— 20 TEMPORARY SILT FENCE RUNOFF DIRECTION 1 111 / / �► 3:1 GRASSED SWALE _ PROPOSED STORM PIPE SDMH #1 2 11 Ill 1 \ �sF� 20.0 SPOT ELEVATION TOP: 34.50 1,0 INV.: 30.10 ' ENERGY DISSIPATER SD 30" RCP Iy I W I / -n 5� 4.00 3 { f VEGETATED SHELF —3 � \ 00 .45 I "� I l , \I1 I ` I 41a INTERIOR LANDSCAPING AREA 33 vss 3:1 GRASSED \ CONC. FLUME W/ SWALE #4 \`\ 4'x 6' x 12" E.D. (Typ.) �I 3:1 GRASSED / I J SWALE # 3 — 30" INV. 31.15' / )F DISTURBANCE TO BE PLUGGED & I \\ }--- �— BURIED FOR FUTU USE 30" INV. 31.50' TO BE PLUGGED & / I BURIED FOR FUTURE USE 1\\ 35.10 LIMITS OF DISTURBANCE r a 20' ASPHALT DRIVE o 0 cc CF N F CF SF CF $J� CF III 24 RCP 36.00 N60 °1 7'02 "W I I I FES #1 I I INV. 32.35 i III III I I II I it II Board of Commissioners - December 16, 2019 ITEM: 13- 9 - 3 ` 35.50 1273.60' RACHEL T. GONSALVES PART OF BK 2683, PG 396 y •�ved subjeo NJ -J, "ng PORARY TRAP #1 — — 3:1 GRASSED SWALE #1 ' — PROPOSED SILT FENCE (Typ.) 0 0 N 20' BUFFER YARD LIMITS OF DISTURBANCE SITE DATA PROPERTY AREA: PIN #: CURRENT ADDRESS: EXISTING ZONING: PROPOSED ZONING: USE: DEED: SETBACKS: BUFFER: *Adjacent to any Residential Zoning PARKING CALCULATIONS: PROPOSED IMPERVIOUS: INTERIOR LANDSCAPING: TOTAL PARKING AREA: REQUIRED 8% INT. ISLANDS: PROPOSED INT. ISLANDS: TOTAL IMPERVIOUS: IMPERVIOUS: LIMITS OF DISTURBANCE: CLEAN OUT EXISTING DITCH ` TO ASSURE POSITIVE DRAINAGE I O \ \ \ \ TO BE LINED WITH EXCELSIOR MATTING & SEEDED IMMEDIATELY \ \ V 15" FES \ \\ INV. 30.50' \ 5'X1o'X12" E.D. I \\\ \ MATCH EX. I I\ ASPHALT 36.37' CONSTRUCTION ` II E 1 OUTLET STRUCTURE CE (SEE DETAIL SHEET C5V 1o' EMERGENCY► \`- SPILLWAY INV 33 25 1 17.94 Acres R033o8 -oO2- 009 -000 R03300- 003 - 001 -000 312o Alex Trask Drive R -2o R -2o CHURCH DB:4976 PG: 566 DB:2683 PG: 396 FRONT 30' REAR 25' SIDE 15' SIDE 20' Proposed: loo Space TOTAL: loo Spaces PARKING - 34,832 s.f. DRIVE - 25,099 s.f. TOTAL - 59,931 s.f. 34,832 s.f. 2,786 s.f. 3,443 s.f. 59,931 s.f. (1.376 Ac.) 7.67 ' 1 1 I 1 1 I 1 I I � ` I I 1 1 \ I I / \ \ k1 1 �I \IIII I o. C� BAST N1.2 / #2 1 II I 34.00 �ES #3 INV. 30.25 .r/ I I`� 5.5o Ac. o � 0 CF CF CF .50 / 36" RCP I I 1 1 CIO 3o I \ 1 1 I \ I ,70 35.55 35.85 I ` 22.0 FES #4 II \ \ 60.0 INV. 30-10 10'x12'x18 "E.D. \ I x Cn MATCH EX. ` \ , ,VI 1 O ASPHALT 36.16' 1 1 40 20 ' O' 40 80' I Scale: 1"=40' VICINITY MAP (NOT TO SCALE): OLD MILL RD ALEX TRASK DR rn N ITE Al Q my o U a1 � � U N 4 C5 O � aU't o� '0- w U � � Z � U W w Tr11� V C) H �.J I--1 Q G4 p Q w � z �N E CAR P4 S E A L = C) 032555 CLIENT INFORMATION: NEW BEGINNING CHRISTIAN CHURCH, INC. 3120 ALEX TRASK DRIVE CASTLE HAYNE, NC 28429 (910) 341 -7984 DRAWN: EAS SHEET SIZE: 24X36 CHECKED: CDC DATE: 01 -31 -13 APPROVED: CDC SCALE: 1:40 PROJECT NUMBER: 100 -033 DRAWING NTUMBER: C-3 3 of NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: December 16, 2019 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Chair Olson- Boseman CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: • Cape Fear Museum Advisory Board • Cape Fear Public Transportation Authority /WAVE Transit Authority • New Hanover County Adult Care Home Community Advisory Committee • New Hanover County Non - County Funding Agency Committee • New Hanover County Nursing Home Community Advisory Committee • New Hanover County Risk Management Advisory Committee • New Hanover County Tourism Development Authority STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: Cape Fear Museum Advisory Board Cape Fear Public Transportation Authority /WAVE Transit Authority New Hanover County Adult Care Home Community Advisory Committee New Hanover County Non - County Funding Agency Committee New Hanover County Nursing Home Community Advisory Committee New Hanover County Risk Management Advisory Committee New Hanover County Tourism Development Authority Board of Commissioners - December 16, 2019 ITEM: 14 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made. Cape Fear Museum Advisory Board: Susan Barbee was appointed. Cape Fear Public Transportation Authority /WAVE Transit Authority: Brittany Patterson was appointed. New Hanover County Adult Care Home Community Advisory Committee: Denice Shackelford and Shirley Southard were reappointed. Marla Barthen and Ida R. Smith were appointed to initial terms. New Hanover County Non - County Funding Agency Committee: Gail A. Eddie was appointed in the Seniors /Elders category. New Hanover County Nursing Home Community Advisory Committee: Kayla W. Johnson and Stephanie Smith were appointed. New Hanover County Risk Management Advisory Committee: William K. Hale was appointed. New Hanover County Tourism Development Authority: Christine Divoky was reappointed in the Tourist Attraction category. Natalie H. English was reappointed in the Chamber of Commerce category. Board of Commissioners - December 16, 2019 ITEM: 14 COMMITTEE APPOINTMENT Cape Fear Museum Advisory Board Vacancy Term: Unexpired term, expiring 6/30/22 Applicant Eligible For Reappointment Nominations Susan Barbee Diana L. Hill Eileen O'Malley Attachments: Committee Information Sheet Applications Board of Commissioners - December 16, 2019 ITEM: 14- 1 - 1 CAPE FEAR MUSEUM ADVISORY BOARD Number of Members: 12, which may include one County Commissioner Term of Office: Three years - may not serve more than two consecutive terms and cannot be reappointed until at least one year after the last term. Qualifications: Any County resident 18 years of age or older who has a sincere interest and commitment to the preservation of the history of the Lower Cape Fear region. Members shall be required to sign a conflict of interest agreement that will be provided in advance of their appointment. Compensation: None, but may be reimbursed for approved expenses incurred in performance of their duties. Regular Meetings: Third Wednesday of every other month at 4:00 p.m. at the Museum, 814 Market Street. Functions: To develop necessary policies for the efficient and responsive operation of the Cape Fear Museum; to advise the Museum Director and staff on programs and exhibits; to advise the County Manager and County Commissioners concerning the operating and capital needs of the Museum; and to serve on relevant committees. In addition, Board members are expected to actively promote the Museum's programs, and to assist and participate in its programs, including efforts to solicit outside funding for the Museum. (Changed from board of trustees to an advisory board effective 8/4/2003 (Book 29 page 694). Board of Commissioners - December 16, 2019 ITEM: 14- 1 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION David Ball First 6/16/14 6/30/17 3539 Aster Court Second 7/17/17 6/30/20 Wilmington, NC 28401 910 - 343 -1343 (H) 910 - 509 -5124 (W) T. Gwendolyn Grear Brown First 6/17/19 6/30/22 3224 Amber Dr. Wilmington, NC 28409 910 - 794 -9359 (H) 910 - 620 -4817 (C) Dennis Dixon, Vice - Chairman First 7/17/17 6/30/20 2523 Costmary Lane Unit 9 Wilmington, NC 28412 240 - 743 -8065 (C) Elizabeth A. Ferrell Unexpired 10/15/18 6/30/20 210 Salt Brick Ct. Wilmington, NC 28411 305 - 321 -9059 (C) Michelle Kistner First 6/17/19 6/30/22 100 Turtle Cay Unit 10 Wilmington, NC 28412 206 - 948 -1045 (C) Board of Commissioners - December 16, 2019 ITEM: 14- 1 - 2 CAPE FEAR MUSEUM ADVISORY BOARD (CONT.) Board of Commissioners - December 16, 2019 ITEM: 14- 1 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Kevin Maurer First 8/20/18 6/30/21 3509 Amber Drive Wilmington, NC 28409 910 - 322 -4924 (C) Stewart W. Moon First 6/17/19 6/30/22 11 South 8' St. Wilmington, NC 28401 910 - 833 -5697 (H) 910 - 524 -8448 (C) Darin Penneys First 6/20/16 6/30/19 421 Semmes Drive Second 6/17/19 6/30/22 Wilmington, NC 28412 484 - 832 -0550 (C) 910 - 392 -3046 (W) Donna Pope, Secretary First 7/17/17 6/30/20 1903 Pender Avenue Wilmington, NC 28403 910 - 762 -9907 (H) 910 - 619 -3709 (C) 910 - 332 -6660 (W) Sandra Alice Ray First 7/17/17 6/30/20 5409 Widgeon Drive Wilmington, NC 28403 910 - 512 -7100 (C) 910 - 772 -7101 (W) Florence J. Warren First 8/20/18 6/30/21 204S.16 th St. Wilmington, NC 28401 910 - 343 -8249 (H) 910 - 520 -0432 (C) Museum Associates, Inc. President: Ashley Garner County Commissioner: Woody White Appointed 1/8/18; 910 - 798 -7259 (NHC Office) 1/7/19 Director: Sheryl Mays File: /Museum Cape Fear Museum Revised: 06/2019 814 Market Street Wilmington, NC 28401 910 - 798 -4357 Fax: 910-798-4382 Board of Commissioners - December 16, 2019 ITEM: 14- 1 - 3 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: Cape Fear Museum Advisory Board Name: Susan Barbee E -Mail: Sebarbee64@gmail.com Home Address: 933 Searidge Lane Carolina Beach, NC 28428 (Street) (Zip Code) Mailing Address if different. P.O. Box 1422 Carolina Beach, NC 28428 (City) (Zip Code) Home Phone: 919- 395 -7518 Fax. N/A Cell: 919- 395 -7518 Business: Years living in New Hanover County: 22 Male: Female: ✓ Race: White Age: 55 (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. Town Of Leland (12/19) 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 :Human Resources Director Professional Activities: SHRM national member; EDC Randolph County member; Volunteer Activities: Vol-for local elections;CB bike rodeo;NCSHRM State Council;FP history soc Why do you wish to serve on this board /committee? A key foundation to building a strong future is connecting to our past.I would like to help the museum build those connections. Conflict of Interest. ff 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/herse/f from voting on the matter. What areas of concern would you like to see addressed by this committee? While I need to learn more the committee, I think connecting to the broader community would be a primary goal. Qualifications for serving: Undergraduate degree in history; hobbyist historian; Active Community supporter and fundraiser Other municipal or county boardslrcommittees on which you are serving: N/A R F:(^_ F TjTF j:j' List three local personal references and phone numbers: BOC OFF, 1. Leanne Pierce, Council person and Mayor Elect, Carolina Beach 910 - 520 -5921 2. Wayne Rouse 919 - 616 -0682 3. Thomas Massey,Dept Chair of Social Sciences at CFCC; of Bellamy 910 - 622 -1293 Date: 11/26/2019 Signature � r•/- ( Applications are kept on file for 18 months 1 understand tha ard or committee appointee may be removed without cause by a ma'orfty of County Commissioners. Please use reverse side for additional comAiffig of Commissioners -December 116, 2019 ITEM: 14- 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) (910) 798 -7149 i FAX (910) 798 -7145 r Board/Committee: Cape Fear Museum Advisory Board Name: Diana L Hill -E-Mail: chrstnsgma @AOL.com Home Address: 2210 Klein Road. Wilmington 28405 e ee Mailing Address if different: (City) (zip Code) Home Phone: Fax: Cell: 910-512-4686 Business: Years living in 26 Male: Female:/ _ Race: White Age: 78 New Hanover County, • (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 employ by the agency or department for which it's application is made, m licant sf>Wrhd have no Immediate famNily member by such agency or accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, app department. Occupation: Retired Professional Activities: Volunteer Activities: Sr -Isaac Outreach Center, Founding member SEAAC; former KMI Board Member Why do you wish to serve on this board/committee? I have a citizen' s interest in enhancing the Museum beyond its current status Conflict of Interest: B a board member believes he /she has a conflict or potential conflict n interest the a particular issue, that member should stathis private, or the moonetary r 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, interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herse/f from voting on the matter. What areas of concern would you like to see addressed by this committee? To determine ways to make th museum a more enticing tourist destination Qualifications for serving: I have an interest in New Hanover County with a high level of energy and organization skills Other municipal or county boards/committees on which you are serving: None V2, _P1 None � List three local personal references and phone numbers: 1• Terry Espy and John Sharkey (919) 270 -1711 Z Tannis Nelson (910) 791 -2988. Clyde & Kristina Edgerton (919) 656 -6453 3• Nick & Delores Rhodes (910) 256 -0281 Date: 5/22(2019 kk (ISM Signature Applications are kept on rite for 18 months i understand that any board or committee appointee maybe removed without cause by a majority of County Commissioners. Please use reverse side for additional c &"commissioners - December 16, 2019 ITEM: 14- 1 - 5 NEW HANOVER COUNTY : BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board1 nmmiftQQ- Cape Fear Husewu Advisory Roard Name: Eileen O'Malley E- Mai /'eileenomalley00 @gmail.com Home Address:3540 Shell Quarry Drive Wilmington 28412 (Street) (City) (Zip Go de) Mailing Address if different: Home Phone: Fax: 17i., r.,.roi Co.. 261-919-2451 Business. Years living in New Hanover County: 11 Male: Female: ✓ Race: White Age: 29 (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 u►rprvyar, Ca.?* 'reme Co1LecjUye. 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 Vt, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation :Director of Operations and Process Improvement Professional Activities: Project management, data analytics, and consulting for area nonprofits. 510,RE S Tlorth,3i de & Creetyaood Eommar)i t%j Cleanu?s ) Work on Wi l mi ncjton I trr_ Whydo you wish to serve on this board/committee? The Cape Fear Museum is an informative snapshot of the history of Wilmington that should continue to awe visitors for many years to come. Conflict of Interest: If aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest either director indirect, in the issue under consideration. The member should then excuse himselbherself from voting on the matter. Whac` diisa5 ui i;uiicerli vrou ►d you ►inr iu srr aiivrr ru by iiiia r The $x@fi rs seviktio o#' the tnur-eutn acrd ensuring it gets +I%e re6ouroas and inuesizatit 1aOGcad iG Gotyt-ipua Operations. Qualifications for serving: Resident of Wilmington, NC with a passion for helping others and the experience and skills to solve complex problems and increase process efficiency. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: 1. Kevin Maurer, 910 - 322 -4924 _ �-s Tai C � Z. Patrick Brien, 585- 749 -7255 3. Meaahan Lewis. 919 - 607 -2417 Date: 12/2/2019 Signature ( J Y, , �— v U` Applications are kept on file for 18 months I understand that any-board or committee ppointee may be removed Please use reverse side for additional comments without cause by a majority of County Commissioners. Board of Commissioners - December 16, 2019 ITEM: 14- 1 - 6 COMMITTEE APPOINTMENT Cape Fear Public Transportation Authority /WAVE Transit Authority Vacancy Term: 3 year term, expiring 12/31/22 Applicant Eligible For Reappointment Nominations Rose Mary Abrams Marcus Lacewell Kevin Maurer Timothy McGlinn Brittany Patterson Vic Roberts Philip White Attachments: Committee Information Sheet Applications Board of Commissioners - December 16, 2019 ITEM: 14- 2 - 1 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY WAVE TRANSIT AUTHORITY Number of Members: The Authority consists of 11 members: 1 County Commissioner, 1 City Council member, 4 members appointed by the County Commissioners, 4 members appointed by Wilmington City Council, and 1 member appointed by the Authority from a human service agency served by public transportation services. Term of Office: Three years Regular Meetings: The Authority typically meets on the fourth Thursday of every month at 12:00 noon in the Forden Station Room located at 505 Cando Street. Statute or Action Creating Board: In July of 2004 the WNHTA, the WTA and NHTS were dissolved and a new transportation Authority was created utilizing NC 1160A-25. The merged entity officially became the Cape Fear Public Transportation Authority effective July 1, 2004. The new Authority kept the name Wave Transit. Function: The Authority is to develop and maintain an effective, efficient, and safe system of public transportation services within the county. Transportation services provided shall be designed to maintain and encourage the use of public transit and shall contribute to the economic vitality of the community, the conservation of natural resources and the protection of the environment. Board of Commissioners - December 16, 2019 ITEM: 14- 2 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Steven D. Kelly, Vice - Chairman Unexpired 10/20/2014 12/31/15 5463 Eastwind Road First 12/14/15 12/31/18 Wilmington, NC 28403 Second 12/17/18 12/31/21 910 - 395 -0872 (H) 910 - 619 -5939 (C) Caylan J. McKay First 12/17/18 12/31/21 208 N. 17th St. Wilmington, NC 28401 910 - 264 -7858 (C) Anne K. Ryan First 12/22/14 12/31/17 1001 Nautilus Drive, Apt. 12F Second 12/18/17 12/31/20 Wilmington, NC 28412 910 - 386 -1914 (C) Wylie Beckman Smith III, Chairman First 12/9/13 12/31/16 5227 Marina Club Drive Second 12/19/16 12/31/19 Wilmington, NC 28409 r 910 - 799 -3182 (H) 910 - 352 -4671 (C) County Commissioner Representative: Appt. 12/15/08; 1/8H8; Not designated Jonathan Barfield, Jr. 1/7/19 230 Government Center Drive, Suite 175 Wilmington, NC 28403 910- 233 -8780 Board of Commissioners - December 16, 2019 ITEM: 14- 2 - 2 CAPE FEAR PUBLIC TRANSPORTATION AUTHORITY PAGE 2 WAVE TRANSIT AUTHORITY Board of Commissioners - December 16, 2019 ITEM: 14- 2 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Wilmington City Council Representative: 11/11 Kevin O'Grady 6/21/16 6/30/19 P.O. Box 1810 6/18/19 6/30/22 Wilmington, NC 28402 910 - 341 -7815 City Council Appointees: First 1/20/2015 9/19/2017 Don Betz Second 11/8/17 9/19/2020 (Work): LCF Water & Sewer Authority 1107 New Pointe Blvd., Suite 17 Leland, NC 28451 910- 383 -1919 Andy Koeppel, Secretary First 10/2/18 6/18/2021 PO Box 4443 Wilmington, NC 28406 Fred Gainey First 9/15/2015 9/19/2017 (Work): 4833 Carolina Beach Rd, Ste. 106 Second 11/8/17 9/19/2020 Wilmington, NC 28412 910- 799 -3533 Laura Padgett First 8/19/2014 6/30/2017 Second 7/18/17 6/30/20 Human Services Agency Representative: Unexpired 11/14/16 12/31/17 Michelle Winstead First 11/20/17 6/30/2020 4136 Hearthside Drive #202 Wilmington, NC 28412 252 - 578 -2636 (C) 910 - 798 -3712 (W) Director: Albert Eby File: /WAVE WAVE Transit Revised: 10/2019 505 Cando Street P.O. Box 12630 Wilmington, NC 28405 910 - 202 -2050 Office 910 - 202 -2035 (P) 910- 343 -8317 Fax Board of Commissioners - December 16, 2019 ITEM: 14- 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 3 ` Wilmington, NC 28403 COMMITTEE APPLICATION 3, = Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: Cape Fear Public Transportation Authority Name: Rose Mary Abrams E -Mail: rosemarY09104@gmail.com Home Address: 4439 Jamey Ct. Wlmngton 28405 (Street) (Zip Code) Mailing Address if different. (City) (Zip Code) Home Phone: 781 -572 -9010 Fax: Cell: Business: Years living in New Hanover County: 8.5 Male: Female: ✓ Race: Caucasian Age: 76 (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 Professional Activities: Volunteer Activities: Family History Research; Sunday School Teacher " N n NO— `cam �t � { Why do you wish to serve on this board(committee? I believe that I can be of assistance since I 0 come from an area that used Public Transportation. 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? Lack of public transportatior in the county areas. Better service to downtown and the mall areas. Qualifications forserving: I worked for over 20 years as a corporate paralegal. I also had management exerience as a manager of paralegals in all areas of law. I believe I can be Other municipal or county boards/committees on which you are serving: None at present List three local personal references and phone numbers: 1. Sherry Rhodes 910 - 685 -6988 2. Dianne Williams 910 - 297 -7348 3. Reggie Sullivan 619 - 838 -4599 Date: V / ✓ � l z Z") / y 4� (mil Signature Appli tions are kept on file for 18 months I understand at finy board or ci without cause by a majority of G Please use reverse side for additional comments Board of Commissioners - December 16, 2019 ITEM: 14- 2 - 4 BOC OFF fee appointee may be removed Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION s Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: Cape Fear Public Transportation Authority /WAVE Name: Marcus Lacewell E.Maii.malacewell@yahoo.com Home Address: 2517 Flint Drive Wilmington 28401 e (zip e Mailing Address if different. (City) (Z#) Code) Home Phone: (910) 352 -3643 Fax: Cell: (910) 352 -3643 Business: Years living in New Hanover County: 38 Male: ✓ Female: Race: Black Age: 40 (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 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 Artide Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. OCcupadon:Owner of Smart Smoothies Professional Acdvides: CFCC vending, Riverfront Farmers' Market, Earth Day Festival Volunteer Activities: Riverfront Farmer's Market Board of Directors, community speaker & coord. Why do you wish to serve on this board/committee? I want to provide measures that will ensure a prosperous future. 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? Many people feel that their concerns are not taken in consideration. Qualifications for serving: Organizer of the summer Creekwood Pool Program Organizer of Azalea Stop the Violence Festival a The Stop the Violence Movement Other municipal or county boards/committees on which you are serving: List three local personal references and phone numbers: 1. Mack Appleberry (919)345 -6726 • v 2. Beverly Moore (910)777 -1199 3. Sharon Wilson (910)218 -5492 g Mftua �1�L� �►%Il Date: Signature Ajdplications are kepten file for 18 months I understand that any boarnl or committee appointee may be removed Board of CommN.SWWr9auWWANU MV9� gountyCommissioners. Please use reverse side for additional comments ITEM: 14- 2 - 5 NEW HANOVER COUNTY Print BOARD OF COMMISSIONERS Jr- 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 in FAX (910) 798 -7145 Board /Committee: I Cape Fear Public Transportation Authority /WAVE Kevin Maurer hkmaurer @gmail.com Name: E -Mail: Home Address:1 3509 Amber Drive Wilmington Mailing Address if different: Home Phone: Fax: Cell: 910.322.4924 Business: Years living in 11 yrs White 45 New Hanover County: = Male: ✓ Female: Race: Age: (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name I No Employer. Cape Fear Collective 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: journalist nonprofit Professional Activities: I Director of community engagement for a nonprofit freelance journalist Volunteer Activities: Nourish NC, Football coach, Why do you wish to serve on this boardlcommittee? I Transportation is an enduring issue in the I want to be part of the solution and help WAVE address the needs of the community. Conflict of Interest: If a board member believes hefshe 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 hefshe 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 Access & timely routes. Implementation of a ride share program focused on area's marginalized communities. Qualifications for serving: I As part of my duties, I spend time in communities that need WAVE. IMY organization is a co- applicant for grants focused on expanding area's transportation. Other municipal or county boards/committees on which you are serving: Cape Fear Museum Advisory Board, secretary List three local personal references and phone numbers: 7. Patrick Brien - 585.749.7255 2. Brian Crounse - 617.515.3733 6 U 1 0 F 3. 1 r , Date: 12 .2 .2 019 Signature Applications are kept on file for 18 months 1 understand that any board corn without cause by a majority f County Please use reverse side for additional comments Board Co 'one s ��� 2019 2 may be removed NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Govemment Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board(Committee: Cape Fear Public Transporation Authority (WAVE Transit) Name: Timothy MCGlinn Home Address: 145 Darby St. Wilmington, NC 28409 (Street) tot IV E-Maii:timmcglinn@gmail.com Malting Address if different: Same as Above (CdY) (Zip Code) Home Phone: N/a Fax: N/a Coll: 262-308-0315 Business: 910-395-3 Years living In New Hanover County. 4 Male: ✓ Female: Race:i� Age_ 31 (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: Wriggleaworth Enterprises, Inc. A person currently employed by agency a h this apphcadon is made, must resign N wi New Hanover ty upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Pe—ftGl Fblicy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Sales Management Professional Activities: Volunteer Activities: Sierra Club Member Why do you wish to serve on this board/committee? I Kant to see a thriving public transport system, and feel I have new ideas that will foster such a system. ConNk't of Intan . M a board member Waves 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 hdmher respective board during a public meeting. The member should stets the nature of the conflict, detaldng that he/she has a separate, private, or monetary interest, either director indirect, in she Issue under consideration. The member should than excuse himasOwself from voting on the matter• What areas of concern would you like to see addressed by this committee? Bus Rapid Transit, Upgrading current bus stops, adding routes to meet new comunity nodes. Qualifications for serving: 7 years military, 4 years management, community activist. Other municipal or county boarda/committees on which you are serving: N/A List three local personal references and phone numbers: 1. Wendy Wrigglenworth 910 - 520 -6109 g 0 C 2. Chuck Hughes 910 -409 -3592 3. Caylan Mckay 910 - 264 -7858 Date: 01DEC17 Applications are kept on file for 18 months Please use reverse side for additional comments 1F 7 Signature I understand that any board or committee appointee may be removed without cause by a mgWtr of County Commissioners. Board of Commissioners - December 16, 2019 ITEM: 14- 2 - 7 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: Cape Fear Public Transportation Authority Name: Brittany Patterson rl E-Mafl:britt03O480@gmail.com Home Address: 2511 Sapling Circle Wilmington, NC 28411 (street) (Zip o e Mailing Address if different. same as above Home Phone: (City) (Zip Code) Fax: Cell: 910 - 617 - 4 87 9 Business: Years living in New Hanover County: 8 Male: Female: ✓ Race: Caucasian Age: 39 (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 Coastal Horizons Center 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 W, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. OCcupation:Clinical Social worker, Child First clinician Professional Activities: Provide mental health treatment to children and families Volunteer Activities: Scholarship coordinator for Dance Cooperative Why do you wish to serve on this board/committee? In my work I often interact with those impacted by the limits of our current system and would like to contribute to improvements. Conflict of Interest K aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, 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? Increased access to public transportation while also balancing budget and environmental concerns Qualifications for serving: My work has given me a unique perspective on the lives of those who use the transportation system. I am prepared to problem solve in innovative ways. Other municipal or county boards1committees on which you are serving: N/A List three local personal references and phone numbers: 1, Erin McKenzie 540 - 314 -4620 2. Franchon Francees 740 -823 -1310 B Q Q OFF. 3. Melinda Carlson 910 - 622 -6668 Date: Signature _94Nio-d Ap#ficaFons are kept on file for 18 months I understand that any b9 rd committee appointee may be Board of Commffft? r9at 0Xrfffl0*6 ountyCommissioners. Please use reverse side for additional comments ITEM: 14- 2 - 8 �" 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: Cape Fear Public Transportation Authority /WAVE Transit Authority Name: Vic Roberts E-Mai/:vic@vic-roberts.com Home Address:9 Heron Street, Unit B, Wrightsville Beach, 28480 (Street) (Zip Go de) Mailing Address if different. Home Phone: Fax. (city) (Zip Code) Cell:910- 616 -9851 Business: Years living in New Hanover County: 4 Male: Female: v( _ Race: Fite Age: 50 (Information for the purpose of assuring a cross- sectzn of the community) Do you have a family member employed by New Hanover County? if yes, name No Employer. 3 al Q— ' LQf1 5 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: Joint Business Owner - Sola Salons Professional Activities: Volunteer Activities: Non - profit board member & business consultant: A SafePlace,Move (NYC) ,CFLC Why do you wish to serve on this board(committee? I wish serve my community. An effective public transist system is vital to the economic health of Wilmington. Conflict of Interest: If aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, 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? Changing the mindset about public transit, driving investment, creating business partnerships that support routes... Qualiffcadons for serving: Former London Bus Driver, Bus Mechanic & Garage Controller. 30 year executive career in for profit and non-profit sectort, UK, USA and Canada. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: IECEI i. Blair Kutrow 703 - 930 -8175 i, _'� , a •) Lu i3 2. Helen Tarokic 910- 833 -0482 BU_OFF, 3 SaraGray Lamm 919 - 819 -8199 Sh�l, ia�R��ee(, <<11211q Date: Nov 5, 2018 Applications are kept on file for 18 months Please use reverse side for additional comments I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Board of Commissioners - December 16, 2019 ITEM: 14- 2 - 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175' Wilmington, NC 28403 COMMITTEE APPLICATION �I '` Telephone (910) 798 -7149 FAX (910) 798 -7145 r Board /Committee: Cape Fear Public Transportation Authority /WAVE Name: Philip White E- Maii:philipcwhite82 @gmail.com Home Address:1904 Washington Street Wilmington 28401 (street) (Zip Go de) Mailing Address if different. (City) (Zip Code) Home Phone: Fax. Cell: 910- 795 -9157 Business. Years living in New Hanover County: 11 Male: ✓ Female: Race: Caucasian Age: 37 (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 Mattress Firm 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. OCcupadon:Management /Business Analyst Professional Activities: Volunteer Activities: Why do you wish to serve on this board/committee? I have a love for public transportation in this area, and firmly believe that my background in business analytics can be of great service. Conflict of Interest: K aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict detailing that he/she has a separate, 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? Increased payment options, reaccessment of certain KPIs measurements to increase success. Qualifications forserving: I have spent years in the private sector using my expertise as a Business Analyst to develop and grow businesses. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: r E C E V E D 1. Cramer Vaughan 336 - 687 -0774 09 PQ 2 Christopher Adams 919 - 649 -5224 3. April Farr 910 - 789 -7454 B O C OFF. Date: I I I j j g Sig ture Applications are kept on file for 18 months I un or committee appointee maybe removed Board of CommI rgauMPVrfl19Wi1#lf3 9eAgountyCommiss loners. Please use reverse side for additional comments ITEM: 14- 2 - 10 COMMITTEE APPOINTMENTS NHC Adult Care Home Community Advisory Committee Vacancies: Up to 11 Terms: Initial term: 1 year term, expiring 12/31/20 Re- appointment: 3 year term, expiring 12/31/22 Applicant Eligible For Reappointment Nominations Marla Barthen (Initial term) Denice Shackelford X Ida R. Smith (Initial term) Shirley Southard X Attachments: Committee Information Sheet Applications Board of Commissioners - December 16, 2019 ITEM: 14- 3 - 1 NEW HANOVER COUNTY ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 13 State mandated; May appoint up to 18 (1 member for each permitted facility). The Adult Care Home Administrators may nominate one -third of the members. If possible, one member must be a person involved in the area of intellectual disability. Compensation: None, but may be reimbursed for actual expenses. Term of Office: 1 year term initially; 3 year term thereafter Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Adult Care Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job Description for more information. Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights, visits adult care homes quarterly, promotes the wellbeing of residents and encourages community involvement. Statute establishing Committee: N.C.G.S. 131 D -31 Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July, and October at 9:30 a.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. Board of Commissioners - December 16, 2019 ITEM: 14- 3 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Deirdre L. Dunn Initial 3/21/16 3/31/17 110 Deerfield Road First 3/20/17 3/31/20 Castle Hayne, NC 28429 �/�( , &W 910 - 212 -0611 (C) Shirley T. Fowler Initial 3/24/14 3/31/15 945 Radnor Road First 3/16/2015 3/31/18 Wilmington, NC 28409 Second 3/12/18 3/31/21 910 - 397 -0987 (H) 910 - 620 -7198 (C) Ursula A. Greene Initial 8/12/19 8/31/20 610 Taylor St. Wilmington, NC 28401 910 - 231 -2727 Elizabeth A. Greenwood Initial 8/12/19 8/31/20 5006 Carleton Dr., Unit 148 Wilmington, NC 28403 UV_\ 580 - 471 -8749 �U 1 Helen Hepbron Initial 3/16/15 3/31/16 1313 Legacy Lane First 3/21/2016 3/31/19 Wilmington, NC 28411 Second 3/18/19 3/31/22 910 - 686 -4770 (H) 910 - 233 -8288 (C) Board of Commissioners - December 16, 2019 ITEM: 14- 3 - 2 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2 Board of Commissioners - December 16, 2019 ITEM: 14- 3 - 3 Mom TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Carolyn Jackson Initial 5/21/18 5/31/19 610 Varsity Drive First 5/30/2019 5/31/2022 Wilmington, NC 28403 910 - 520 -6083 (C) L. Thomas Jennings Initial 11/21/05 11/30/06 415 Charlotte Avenue First 12/18/06 12/31/09 Carolina Beach, NC 28428 Second 12/7/09 12/31/12 910 - 458 -2584 (H) 910 - 619 -0762 (C) Third 9/16/13 9/30/16 Fourth 9/19/16 9/30/19 Fifth 9/16/19 9/30/22 Trish Looney Initial 5/16/16 5/31/17 561 Garden Terrace Dr. #103 First 5/15/17 5/31/20 Wilmington, NC 28405 910- 471 -0169 (C) Sandra Oglesby Initial 12/18/06 12/31/07 1508 Rock Hill Road First 12/17/07 12/31/10 Castle Hayne, NC 28429 Second 12/20/10 12/31/13 910 - 675 -8040 (H) 910 - 452 -8200 (W) Third 3/24/14 3/31/17 Fourth 3/20/17 3/31/20 Denice Shackelford Initial 12/14/15 12/31/16 114142 nd Street First 12/19/16 12/31/19 Wilmington, NC 28403 C nn 910 - 386 -2000 (C) Ida R. Smith Initial 12/14/15 12/31/16 2410 Chestnut Street First 12/19/16 12/31/19 Wilmington, NC 28405 910 - 763 -9136 (H) 910 - 520 -6790 (C) nn ,� COG Long Term Care Ombudsman: File: Adult Kandace Lego Revised: 09/2019 Cape Fear Council of Governments 1480 Harbour Drive, Wilmington, NC 28403 910 - 395 -4553 Board of Commissioners - December 16, 2019 ITEM: 14- 3 - 3 Mom NEW HANOVER COUNTY BOARD OF COMMISSIONERS - 230 Govemment Center Drive, Suite 175 Whnington, NC 28403 COMMITTEE APPLICATION ' Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: INew Hanover County Adult Care Home Community Advisory Committee Name: Imarla Barthen ------JE4WaH:lMadacrisp@vahoo.com Home Address: 1710 Arnold Rd, Wilmington, NC 28412 Mailing Address if different: (CRY) (Zip Code) Home Phone: 937.243 -7886 1 Fax: Cell: 937 - 243 -7886 Business: Years living in New Hanover County: Male: Female: ✓ Race Caucasion Age. 48 (Information for the purpose of assuring a cross - section of the communl7y) Do you have a family member employed by New Hanover County? If yes, name Employer: self- employed A person currently employed by the agency or department for which trs application is made, must resign hisftw position with New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy. Furthemhore, applicant should have no immediate family member employed by such agency or department Occupation: 113oard Certified Patient Advocate, RN Professional Activities: Volunteer Activities: Advisor for the Help Hub at the Harrelson Center, You Can Vote, NC ERA Why do you wish to serve on this board/committee? Being an independent advocate allows me to give a !voice to patients/residents needs and rights without employment conflicts of interest C0nffkt of Mterest: t aboard member believes he/she has a conflfct or potential conflict of interest on a parficular issue, that member should state this belief to the other members of hfsflwr respective boats during a public meeting. The member should state the nature of the conflict derailing that he/she has a separate . pdvalle or monetary interest either direct or indirect m the issue under consideration. The member should then excuse himselfiherself from voting on the mat ter. What areas of concem would you like to see addressed by this committee? I Respect of resident's rights; 1consistent, safe and competent care; elevating quality among our county elder care service Qualifications for serving: See attachment Other municipal or county boards/committees on which you are serving: japplying for New Hanover County Nursing Home Advisory Committee List three local personal references and phone numbers C%UIVFI:) t lRob Zapple, New Hanover County Commissioner 910- 798 -7306 2 ISonia McFarland, Director of Help Hub at the Harrelson Center 910 - 769 - 5357 „ n n n r r 3. lKerri Andrews, RN 910.470 -0960 �)qA&w a ��d�� Date: 0 -30 ' 9 Signature / I ! aA,/v &A,-,) Appgcations are kept on fife for 18 months r understand that any board or committee appointee may be removed Please use reverse side for additional comments without cause by a majority of county comndasionem Board of Commissioners - December 16, 2019 ITEM: 14- 3 - 4 Dear New Hanover County Commissioners, I am applying for both the New Hanover County Adult Care Home Communities and the Nursing Home Advisory Committees. I am a Registered Nurse with 27 years of experience in varied inpatient and community settings. Healthcare education has been a major focus in my career. I wrote a nurse aide training program for the state of Ohio, became a state evaluator and operated my own testing site, and continued to teach for career and technical programs as well as adult education. I have a deep understanding of the training and competency needed to deliver safe and appropriate care. I also have first -hand experience with the obstacles to delivering quality care and can be supportive to staff and administration as they work toward positive changes. My passion is advocating for resident's rights and improving the quality of life for our seniors. I earned my national board certification in patient advocacy this spring. I have decided my next career step is to work with patients and families as they navigate the complexities of healthcare and the challenges of aging. I have the depth and breadth in the healthcare landscape to provide the individualized and focused care that many elders are needing. I see value in serving on the advisory committees to better understand our community and elevate the standard of care for our seniors. I believe that I bring many strengths to the committees and I am ready to make a personal investment to better our county. Thank you for your consideration, Marla Barthen, RN, BCPA Board of Commissioners - December 16, 2019 ITEM: 14- 3 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Tel ington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board/Committee: �i�' l�•J- rare Cmrn . AWv- -- Name: J U, Home Address: 1 J 2 Mailing Address if different: E -Mail- • ; • cic Adel f pKd Gma' 1 db'1 Zg�d 3 (City) (Zip Code) Home Phone: A4 Fax: Cell:"l lo 394 - 2 aoo Business: _ Years living in New Hanover County. Male: Female: ✓ Race: _ Age: (Information for the purpose of assuring a cross- section of the community) Do you have a family member employed by New Hanover County? If yes, name Employer: _ A person currently en4 accordance with Article department. Occupation: W by the agency or depart *nt for which this applicalion is made, must re Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant have no immediate family upon apporntment, in red by such agency of Professional Activities: U VolunteerAcdvifties: Why do you wish to serve on this boardfcar mWee? CwnV Y of NKenw: if a board member beliefs he/�►e has a conflict or pot ral conflict interest on a particular issue, that member should state this belief to the members of h &4w respective board during a public mseting. The member should state the nature of the conflkt, detailing that helshe has a separate, private, or ma interest, either direct or indirect, in the issue under consideration. The member should then excuse himselUherseB born voting on the matter. What areas of concern would you like to see addressed by Mis committee? Qual/ficadons for serving: ) V = Other municipal or county boards✓committees on which you are serving: v AA List three local personal references and phone numbers: 1. gat, cold g(o 7m9 9299 RECEIVED r I 3. �_ Date: / (l7 7o i S UOAO 2(Zi2o1 `� Signature � " j I--- Applications are kept on NO for 18 months / understand that any board or ' om appoi m be removed without cause by a majority of Cou ontm /ss loners. Please use reverse side for additional commgWArd of Commissioners - December 16, 2019 ITEM: 14- 3 - 6 11/13/2015 18:02 NEW HANOVER COUNT BOARD OF COMMISS101 230 Govdrrrrrrerrf Center Drive, Since Wilmington, NC 28403 Telephone (910) 798.7149 FAX (9f 0) 798.7145 Board /Committee: Name: 0— Home e2 I , "7" I� Address: Mailing Address if different: Home Phone: V„r(L Years living in New Hanover County_ Do you have a family men Employer. ! eW / A person currbntly umpluyud by me a6 accordance wilt AAide V1, Sea 4 ofthe department. Occupation: Professional Activities: i Volunteer Activitles:–L Why do you wish to serve uonnfcr of 111teRSC If a board mal rrnxrrbers of hi0er respective board lnlurest, either direct or inciirccl, in (ho What areas of concern w Qualiflcations for serving: COMMITTEE APPLICATION dommnlh N0.808 #001 visoru Commiffer, _ E-Mail: 5m r dit*fi� Q5"I LV DI • C" ion, AIC 029,1/06- •• (CUy) (zip code) 45k Fax: Cell: quo -5D- (0790 Business: JWMale: Female: ✓ Race. Age, 1 n for the purpose of assuring a cross - section of the rommunky) employed by New Hanover County? If yes, name n D JLfv doun4u & It aboo /s r uuparnnent For worm iris alp hcaowr is made, must resign hismor poelion with New Hanover Comfy upon appointment, in nnnvOr County Personnel pblir'y, Furthermore, appikantshowd prim rro immediate femilymamber ampluyw by such agency or Jyisoru C 'I f r &cei+ "' I &Ids this board/committee? -1 de Q.l GVQ OV44 kd 70 be wls(Tyle r I 1 :hAf 4/eveLAWshe hss a conflict or potential conflict of interest on i particular hwuP, that member should state this belief to tho othor t public meeting, The nlembur should state the natwe of the conflict, detailing that heMe has a separate, private, or monetary rndar considoration The rr,Crrdiur should then excuse nlmseirliorscif from voting on the muttor. you like to see addressed by this committee? I own yerg much ln�1 x�d6eryina i%e 6wi m I)DJUJ ter Vn /sere 11� N014 62fuyLr,. 4L L Other municipal or county bc ardecommittees on which you are serving: -C r6C - f e-w n0 i/ 0 uV &I me even u-J► d RECEIVED List three local personal ref 1. Si r z tMM..�� -Vern l 3. rt i2- m/a_rr -m Date: fV U Applications are kept on Please use reverse side for ad and phone numbers: on /v us yl 0 7 q I , A?(0 z: ' - - - - - 1 /Son Ste, c110 -"5 q 7- 94qq Cell d I Signature uida 9 months f understand that any board of committee appointee may be removed without cause by a majority of county Commissioners. Cornml ftd of Commissioners - December 16, 2019 ITEM: 14- 3 - 7 U I r I <0� auHrcu ur toummiaoluncna 230 Govemment Center Drive, Suite 175 ', Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 ; FAX (910) 798 -7145 Board/Committee: ADULT CARE CDOMMITTEE ADVISORY Name: SHIRLEY SOUTHARD E-Mail:shocky84@yahoo.com Home Address:7725 MARKET STREET WILMINGTON NC 28411 (Street) (Zip o Mailing Address if different. SAME (City) (Zip Code) Home Phone: (910) 686 -2449 Fax. Cell: Business: 815 -6175 Years living in New Hanover County 45 Male: Female: ✓ Race:' (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 Age: 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 Artide Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. OCCupatlon:MENTAL HEALTH THERAPIST Professional Activities: COUNSELING, CONSULTATION AND SUPERVISION Volunteer Activities: FRUIT MINSITRIES Why do you wish to serve on this board(committee? NEW HANOVER COUNTY HAS SEEN AN INCREASE FOR ADULT CARE SERVICES 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 himselNherself from voting on the matter. What areas of concern would you like to see addressed by this committee? INCREASING AVAILABILITY OF SEERVICES Qualifications for serving: MY CAREER AND EXPERIENCE HAS ENLIGHTEN ME OF THE NEED FOR MORE SERVICES Other municipal or county boards✓committees on which you are serving: NONE List three local personal references and phone numbers: 1. TIM GUNN (919) 489 -4618 2. ROSE VANN (910) 398 -4440 B 0 C OFF, 3. TAMMY MCDONALD (910) 833 -2559 u llf20(IR Date: 04/05/19 Signature Applications are kept on rile for 18 months I understand that Please use reverse side for additional coin Amd of Commissionerrs""°`IIi ITEM: 14- 3 - 8 t-7 ti board o /committee appointee may be removed of %rty offounty Commissioners. COMMITTEE APPOINTMENT New Hanover County Non - County Agency Funding Committee Vacancy: Category: Seniors /Elders Term: Unexpired term, expiring 6/30/21 Applicant Category Eligible For Reappointment Nominations Gail A. Eddie Seniors /Elders Nancy Pritchett Seniors /Elders Attachments: Committee Information Sheet Applications Board of Commissioners - December 16, 2019 ITEM: 14- 4 - 1 NEW HANOVER COUNTY NON - COUNTY AGENCY FUNDING COMMITTEE Number of Members: 7 members appointed by the County Commissioners as follows: 1 member for each of the following categories: At- Large, Educational (pre -k thru 12), Faith - Based, Seniors /Elders, Business/Workforce Training, Public Safety /Judicial, and Cultural /Recreation. Term of Office: Initial terms will be staggered. Terms will be set by the Board of Commissioners by lottery in order to determine who will serve the initial two (2) year and three (3) year terms. Thereafter, terms will be for three years; no member shall serve more than two (2) full successive terms. Meeting Schedule: As needed between February 1St and March 30th of each fiscal year. Eligibility: Appointees must disclose all board positions and /or paid employment with non - profit agencies in their application. It is the responsibility of the appointee to ensure his /her list of board positions and employment maintained by the Clerk to the Board's Office remains current. If an agency directly affiliated with an appointee applies for funding, the appointee will be recused from that funding deliberation and decision. Established: November 6, 2017. Brief on the functions: The purpose of the Non - County Agency Funding Committee is to review and score outside agency requests; recommend agencies to fund and amount per agency (total not to exceed allocable budget); and provide feedback to agencies. Board of Commissioners - December 16, 2019 ITEM: 14- 4 - 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Damien Buchanan 3814 Halifax Rd. Seniors /Elders First 1/22/18 6/30/21 Wilmington, NC 28403 910 - 789 -0521 (C) uf\ ` U Elizabeth DeBiasi 6105 Blenheim Place Educational (pre -k First 1/22/18 6/30/21 Wilmington, NC 28409 thru 12) 910 - 399 -7446 (H) 910 - 364 -3548 (C) Fred Gainey 1521 Cadfel Ct., #103 At -Large First 1/22/18 6/30/20 Wilmington, NC 28412 910 -620 -8823 (C) 910 - 799 -3435 (W) William N. Lewis 541 McEachern Court Cultural/ Recreation First 1/22/18 6/30/21 Wilmington, NC 28412 910- 515 -6262 Rosetta Royster Public Safety/ Judicial Unexpired 6/30/20 919- 638 -5060 2/18/19 Randy Reeves 3212 Snowberry Ct. Business/ Wilmington, NC 28409 Workforce Training First 1/22/18 6/30/21 910 - 262 -5311 (H) 910 - 251 -5455 (C) Board of Commissioners - December 16, 2019 ITEM: 14- 4 - 2 Shannon Winslow 6805 Hardscrabble Ct. Faith -Based First 1/22/18 6/30/20 Wilmington, NC 28409 910 - 612 -8050 (C) Staff Liaison: File: OAF Sheryl Kelly, Budget Officer Rev.: 09/2019 Finance Department 230 Government Center Drive, Suite 165 Office: 910- 798 -7214 Board of Commissioners - December 16, 2019 ITEM: 14- 4 - 3 NEW HANOVER COUNTYr BOARD OF COMMISSIONERS NON - COUNTY AGENCY FUNDING 230 Government Center Drive, Suite 175 COMMITTEE APPOINTMENT Wilmington, NC 28403 Telephone (910) 798 - 7149 FAX (910) 798 -7145 Board /Committee: Non Agency Funding Seniors /Elders Desired Category: Seniors /Elders Name: Gail Eddie Home Address: 614 Orange Street (Street) Mailing Address if different: Home Phone: Fax: Wilmington. (City) (City) E -Mail: gaileddie6819 @iq14,g0 com 28401 (Zip Code) (Zip Code) Cell: (804)519 -6819 Business: Years living in New Hanover County: 42 Male: ❑ Female: ❑✓ Race: Black (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 Noo Age: 65 Employer. Always Caring (formerly ResCare) 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, Section 7 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Caregiver Please list ALL board positions and /or paid employment with non - profit agencies. Please also list other municipal or county boards /committees on which you are serving (Please use reverse side for additional comments): None Professional Activities: None Volunteer Activities: Deliver food bank groceries to seniors every week Why do you wish to serve on this board /committee? To ensure we are aware of all seniors and adults in need when completing a budget. 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? Advertising of programs of assistance available for those in need. Qualifications for serving: BA Sociology with minor in Psychology and Social Welfare List three local personal references and phone numbers: 1. _Anna_ Dion (910)297 -3915 2. Holly Shields (540)455 -2658 n A n O f f 3. Frankie QgoJq. (910)465 -6098 Date: 1=11)9 Applications are kept on file for 18 months Signature 1 understand that any board ar committee a pointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - December 16, 2019 ITEM: 14- 4 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NON - COUNTY AGENCY FUNDING f "! 230 Govemment Center Drive, suite 175 COMMITTEE APPOINTMENT Wilmington, NC 28403 Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: Non County Agency Funding Committee Desired Category: Senior Name: Nancy Pritchett E -Mail nhpritchett @earthlink.net Home Address: 5330 Megans Place Dr., Wilmington 28409 (Street) (City) (Zip Code) Mailing Address if different: (City) (Zip Code) Home Phone: 910 -791 -2827 Fax: same Cell: 910 - 599-6498 Business: na Years living in 50 ✓ white 85 New Hanover County: Male: ❑ Female: ❑ Race: Age: (Information for the purpose of assuring a cross- section of the community) Do you have a family member employed by New Hanover County? If yes, name na Employer. retired 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, Section 7 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: na Please list ALL board positions and/or paid employment with non profit agencies. Please also list other municipal or county boards /committees on which you are serving (Please use reverse side for additional comments): Wilmington Railroad Museum Professional Activities: na Volunteer Activities: Church Why do you wish to serve on this board /committee? Have made the hard decisions on non - agency funding and feel I can contribute to the committee. 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 oonflicf 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? Funding to non - profits well serving areas of health and human services needs Qualifications for serving: County Commissioner 2000 -2008 List three local personal references and phone numbers: 1. Jonathan Barfield 2, Nell O'Connor - 833 -8014 3. Bruce Shell Date; 11 -26 -2019 Signature Applications are kept on ffle for 18 months I understand that any, and or committee appointee may be removed without cause by a m kjority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - December 16, 2019 ITEM: 14- 4 - 5 COMMITTEE APPOINTMENTS NHC Nursing Home Community Advisory Committee Vacancies: Up to 3 Terms: Initial term, expiring 12/31/20 Applicant Eligible For Reappointment Nominations Kayla W. Johnson Stephanie Smith Attachments: Committee Information Sheet Applications Board of Commissioners - December 16, 2019 ITEM: 14- 5 - 1 NEW HANOVER COUNTY NURSING HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 11 State mandated; may appoint up to 16 based on the number of nursing homes. The Nursing Home Administrators may nominate one -third of the members. Term of Office: 1 -year term initially; 3 -year term thereafter Brief on the functions: Each member shall be aware of the general conditions under which the persons are residing in the homes, and shall work for the best interests of the persons in the homes. This may include assisting persons who have grievances with the home and facilitating the resolution of grievances at the local level. Each member shall make quarterly visits to the nursing home it serves and more often if it is necessary to carry out the duties. Statute or cause creating Board: N.C. General Statute 131 E -128. Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Nursing Home Community Advisory Committee maybe a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in -laws. See Volunteer Job Description for more information. Regular Meeting: Quarterly Meetings are held on the second Tuesday of January, April, July, and October at 3:00 p.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. Board of Commissioners - December 16, 2019 ITEM: 14- 5 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Sandy Andrews Initial 9/14/15 9/30/16 4337 Parmele Road First 9/19/16 9/30/19 Castle Hayne, NC 28429 Second 9/16/19 9/30/22 910- 619 -3753 (C) 910- 667 -3285 (W) Eric M. Batts Initial 4/16/18 4/30/19 15 South 12"' St. First 4/15/19 4/30/22 Wilmington, NC 28401 910 - 218 -5163 (C) Julie Brewer Initial 6/18/07 6/30/08 3107 Durbin Court First 6/16/08 6/30/11 Wilmington, NC 28409 Second 7/11/11 7/31/14 910 - 799 -4325 (H) Third 8/11/14 8/31/17 Fourth 8/21/17 8/31/20 John Coble First 9/19/16 9/30/19 5003 Villa Place W. Second 9/16/19 9/30/22 Wilmington, NC 28409 910 - 796 -6627 (H) 910 - 619 -2829 (C) Shirley L. Crum Initial 4/16/18 4/30/19 5815 Camellia Ln. First 4/15/19 4/30/22 Wilmington, NC 28409 910 - 520 -3365 (C) Board of Commissioners - December 16, 2019 ITEM: 14- 5 - 2 NURSING HOME COMMUNITY ADVISORY COMMITTEE (CONT.) Board of Commissioners - December 16, 2019 ITEM: 14- 5 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Marianne Eisenhauer -Wall Initial 4/16/18 4/30/19 509 Okeechobee Rd. First 4/15/19 4/30/22 Wilmington, NC 28412 703 - 501 -0811 (C) Dorothy L. Grime Initial 12/19/11 12/31/12 5583 Woodduck Circle First 12/17/12 12/31/15 Wilmington, NC 28405 Second 3/21/16 3/31/19 910 - 350 -0672 (H) Third 4/15/19 4/30/22 Calvin Hamerski Initial 6/17/19 6/30/20 537 Rose Ave. Wilmington, NC 28403 910 - 352 -7358 (C) Faye B. Jacobs Initial 6/17/19 6/30/20 129 Hargrove Dr. Wilmington, NC 28411 910 - 395 -6297 (H) 910 - 508 -8672 (C) Phyllis Meole Initial 3/24/14 3/31/15 9 Brookwood Avenue First 3/16/15 3/31/18 Wilmington, NC 28403 Second 3/12/18 3/31/21 910 - 251 -0913 (H) 910 - 231 -8039 (C) Zachery S. Mitcham Initial 6/17/19 6/30/20 6909 Eschol Court Wilmington, NC 28409 910 - 233 -2359 (C) Pamela O'Quinn Initial 12/18/17 12/31/18 5422 Saltwater Run First 12/17/18 12/31/21 Wilmingon, NC 28409 356- 627 -4460 (C) Janet A. Stump Initial 4/22/13 4/30/14 622 Mohican Trail First 8/11/14 8/31/17 Wilmington, NC 28409 Second 8/21/17 8/31/20 910 - 799 -6019 (H) Members Nominated by Nursing Home Administrators: None COG Long Term Care Ombudsman: File: /Nursing, B/C #22 — 8/17 Holli Blackwelder Revised: 09/2019 Cape Fear Council of Governments 1480 Harbour Drive, Wilmington, NC 28401 910- 395 -4553 Board of Commissioners - December 16, 2019 ITEM: 14- 5 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 W11mingtom NC 28403 Tokphone (910) 798 -7149 FAX (910) 798.7145 COMMITTEE APPLICATION BoarWCOmmlttee: New Hanover County Nursing Home Advisory Committee ; �� \YJ Name: Kayla Williford Johnson E- Mal /'yla @pathfinderNC.com Home Addrpss;1406 Marblehead Ct. Wilmington, NC 28412 Mailing Address If different: N/A (city) Rfi code) Home Phone: N/A Fax: N/A Cell' 910- 617 -3653 Business: 793 -0616 Years Jiving in New Hanover County. 23 Male: Female: ✓ Race:�te Age:27 (hdormatlon for the pwpose of assn ft a cmes-section of the communiy) Do you have a family member employed by New Hanover County? If yes, name N/A Employer: Pathfinder Wealth Consulting A person by he agwmcy or depsrbrmsnt for mvMch this oppAwfon Is made, must reap h*lw posWon whim Now Homo w County upon appofr nWA k awmdarmce *10 **M K See 4 ofmrie New Hanover County Anorrmel Pbky Fwthwmo% oppfkarmt shoed have no knmedoe fa mmfy memberempkyedby such agency or Occupation: Paraplanner Protesslonal AcdWYes: Financing planning; investment management Volunteer Acdvitles:Community Group Leader a Next Steps -The Bridge Church, A Safe Place, DNCW Why do you wish to serve on this board/committee? To advocate for meaningful activities to enhance the well -being of residents cerdltd or bmtenet In board mwnber bef view hsthe has a cormflld or poWN41 cwA d ofbmfa eet cn a pw6adw hma, ffidn*mbwA1*Wsftft M DeWto ere adw n nrbws of hWw respecIn board du ft a pubik nw fiv The amber W oud &fate *o rmahra of @me owftt doWkV that h&Ww has a separate, private, or monetary lrmtsreat slYmar d/msd or bmdiect M the laamme under eonalderatlorm. The menmtmer ahoufd dw emmm hknwffib~fmorrm voermg on mire nudes What areas of concern would you like to see addressed by this committee? Equity of service across different nursing home facilities; meaningful activities for residents Qualb7cadons for sewing: WILMA Get on Board trainee; granddaughter of a deceased patient of Silver Stream 6 Trinity Grove Other municipal or county boards/committees on which you are serving: N/A List three local personal references and phone numbers: 1. Jason Wheeler, CZO, Pathfinder Wealth Consulting 4 2 Rob Penn, President, Pathfinder Wealth Consulting B 0 C O F F 3. 8than Welch, Pastor, The Bridge Church Date: 3/29/2019 Signature Appocsoons are kept on file for 18 months / understand that any or corn appointee may be removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - December 16, 2019 ITEM: 14- 5 - 4 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 = w� Board(Committee: New Hanover County Nursing Home Community Advisory Committee Name: Stephanie Smith E -Mall: sjamithemails @gmail.com Home Address: 5717 Wisteria Lane Wilmington NC 28409 tp Go de) Mailing Address If different: (CO) (R#) Code) Home Phone: 9103523806 Fax: Cell:9103523806 Business: Years living in New Hanover County. 24 Male: Female: ✓ Race: Age: 44 (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 n/a Employer: Select Premim Properties, Inc. 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 Ar►ide 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: Real Estate Broker Professional Activities: Volunteer Activities: Trinity Nursing Home Why do you wish to serve on this board(committee? To help improve care for the elderly living at the various facilities in new hanover county. Conflict of Interest: lf a board member believes he/she has a conflict or potential conflict of interest on a pan5cular 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? Improved care for the elderly Qualifications for serving: I was the caretaker for my grandmother, who passed in 2017, and have personal experience with many of the facilities in new hanover county. Other municipal or county boardst'committees on which you are serving: N/A List three local personal references and phone numbers: 1. Yasmin Thompkinson - 910 - 540 -3848 2. Becky O'Daniell - 910 -231 -0250 B O C OFF, 3. June. Nechum. - 910- 392 -1935 Date: 7/5/19 Signature Applications are kept on file for 18 months I understand that any rd or committee appointee may be removed Board of Commi�sFat� MP df fountyCommissionem Please use reverse side for additional comments ITEM: 14- 5 - 5 COMMITTEE APPOINTMENT New Hanover County Risk Management Advisory Committee Vacancy: Term: 3 years, expiring 9/1/22 Applicant Eligible For Reappointment Nominations William K. Hale Attachments: Committee Information Sheet Application Board of Commissioners - December 16, 2019 ITEM: 14- 6 - 1 NEW HANOVER COUNTY RISK MANAGEMENT ADVISORY COMMITTEE Number of Members: 4 Term of Office: 3 years Qualifications: Persons must have experience in public entity or corporate risk management, loss prevention and control, occupational safety and health, claims administration, insurance placement and brokerage, insurance defense law, actuarial work, or other risk management experience. Purpose: The Committee offers advice and consultation for an efficient and economical risk management program for the County and other agencies that contract with the County. The Commissioners established the Committee after dissolving the Insurance Advisory Committee on August 7, 2000. Meetings: Held quarterly or as needed. Board of Commissioners - December 16, 2019 ITEM: 14- 6 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION George H. Chadwick III First 8/15/11 9/1/14 2331 Waverly Drive Second 8/11/14 9/1/17 Wilmington, NC 28403 Third 8/21/17 9/1/20 763 -1724 (H) 762 -2489 Kevin P. Flowers First 11/14/16 9/1/19 1913 Nun St. Second 8/12/19 9/1/22 Wilmington, NC 28403 910 - 850 -1065 (H) 910 - 660 -1507 (C) Deborah D. Watts First 8/18/08 9/1/11 6220 N. Bradley Overlook Second 8/15/11 9/1/14 Wilmington, NC 28403 Third 8/11/14 9/1/17 520 -5317 (H) 256 -6070 (W) Fourth 8/21/17 9/1/20 Ronald H. Woodruff First 9/17/07 9/1/10 406 West Renovah Circle Second 9/20/10 9/1/13 Wilmington, NC 28403 Third 8/19/13 9/1/16 763 -6236 (H) 763 -9891 (W) Fourth 9/19/16 9/1/19 Staff: Jennifer Stancil, Risk Manager /Chairman New Hanover County Risk Management File: /Risk 230 Government Center Drive, Suite 125 -A 08/2019 Wilmington, NC 28403 Board of Commissioners - December 16, 2019 ITEM: 14- 6 - 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 BoarWCommittee: New Hanover County Risk Management Advisory Committee Name: William Kenneth Hale E-Maii:billhale@ec.rr.com Home Address: 1245 Arboretum Drive Wilmington 28405 -5242 (Shoot) Q Mailing Address if different. (CRY) (Zip Code) Home Phone: 910- 509 -2778 Fax: Cell: Business: Yeats living in New Hanover County. six Male: ✓ Female: Race: White Age: 72 (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 deparbrmt 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 deparbrrent Occupation: Attorney at Law (retired) Professional Activities: New Hanover County Bar Association, NC State Bar VolunteerAcdvides: St. James Episcopal Church (Wilmington) Why do you wish to serve on this board/committee? I would like to offer my 40+ years of insurance and risk management expertise to New Hanover County. Conflict of interest H is 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 h&Wm has a separate, privale, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himselfiherself from voting on the matter. What areas of concern would you like to see addressed by this committee? I don't have any concerns about the Committee's work at this time. Qualif/cadons for serving: Counsel for NC House & Senate Insurance Committees. General Counsel for NC Insurance Dept. Taught graduate level risk management course. See attached resume. Other municipal or county boardslcommittees on which you are serving: None List three local personal references and phone numbers: 1. Mr. Paul Lawler (910) 409 -2425 2. Dr. Coleman Burgess (910) 762 -6563 B O C OFF, 3. Mr. John Sullivan (910) 763 -1628 Date. 14 November 2019 Signature " " "�► ` Applications are kept on file for 18 months I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners Please use reverse side for additional comments Board of Commissioners - December 16, 2019 ITEM: 14- 6 - 3 WILLIAM KENNETH HALE 1245 ARBORETUM DRIVE WILMINGTON, NORTH CAROLINA 28405 TELEPHONE: (910) 509 -2778 E -MAIL: BILLHALE @EC.RILCOM EDUCATION: December 1973 (Class of 1974): Juris Doctor, University of North Carolina School of Law June 1969: Bachelor of Arts in History and Economics, North Carolina State University CAREER:LEGAL North Carolina Department of Insurance, Office of the General Counsel Special Counsel and Administrative Law Judge: November 1, 2005 — January 31, 2016. Major areas of responsibility: Researched and resolved legal questions and issues forwarded to the General Counsel's Office by the Commissioner, Deputy Commissioners, and regulated entities. Served as an additional resource on a number of federal and State legislative issues. Advised the Commissioner on legislative and rulemaking matters as well as public policy. Presided over hearings on unauthorized insurance operations and issued cease and desist orders. Presided over hearings on occupational license matters, other contested cases, and statutory appeals from Underwriting Associations, Guaranty Associations, Rate Bureau, and Reinsurance Facility and issued interim orders and final agency decisions and orders. Jordan Price Wall Gray Jones & Carlton, P.L.L.C. Partner: January 1, 2003 — October 31, 2005. Practiced in the areas of insurance law, administrative law, regulatory representation, and legislative representation. Worked with other law partners in litigation and appellate matters. North Carolina Department of Insurance, Office of the Commissioner Deputy Commissioner, General Counsel and Legislative Counsel: January 7, 1985 - December 31, 2002 Major areas of responsibility: Coordinated the Department's efforts to amend existing law and enact new laws administered by the Department; duties included working with Department staff, regulated entities, legislators, legislative staff, and others in order to determine what laws needed to be amended or enacted; researched state and federal case and statutory law to determine what kinds of state legislative changes needed to be made. Drafted legislation of interest to the Department and in the public interest; found sponsors for legislation and briefed them; explained legislation to General Assembly members, Board of Commissioners - December 16, 2019 ITEM: 14- 6 - 4 WILLIAM KENNETH HALE RESUME PAGE 2 staff, and committees; answered questions about the legislation. Monitored legislation, including attending committee meetings and sessions; spoke with legislators, staff, and interested parties about the Department's legislation. Monitored and worked with interim legislative study commissions. Served as Administrative Law Judge on occupational license matters, other contested cases, and statutory appeals from Underwriting Associations, Guaranty Associations, Rate Bureau, and Reinsurance Facility. Drafted and promulgated the Department's administrative rules. Rendered legal opinions to the Commissioner and Deputy Commissioners. North Carolina General Assembly Research Division Committee Counsel: January 7, 1974 - January 6, 1985 Major areas of responsibility: Served as Counsel to numerous judiciary committees, redistricting, and interim legislative study commissions and committees. Major judiciary committee issues were capital punishment, pornography, driving while impaired, dram shop, criminal sentencing, and criminal law legislation. Drafted legislation and amendments for committees. Served as Counsel to the House and Senate Insurance Committees and every interim study on insurance, including professional liability, product liability, and rate and solvency regulation. Drafted most of the insurance bills considered by the General Assembly from 1979 to 1985. PROFESSIONAL: North Carolina State Bar (licensed in September 1974); U.S. District Court, Eastern District North Carolina; U.S. Court of Appeals, Fourth Circuit; Sixth Judicial District Bar; and New Hanover County Bar Association. Visiting professor of insurance at Campbell University's Lundy - Fetterman School of Business (2006 - 2014). Consultant to N.C. League of Municipalities' three self- insurance programs (2003 — 2017). PERSONAL: Church and Choir Member at St. James Episcopal Church, Wilmington. Married to Ann L. Hale, Esq. Board of Commissioners - December 16, 2019 ITEM: 14- 6 - 5 COMMITTEE APPOINTMENTS New Hanover County Tourism Development Authority Vacancies: 4 Categories: Chamber of Commerce, Tourist Attraction Terms: 3 years, expiring 12/31/22 Note: Kure Beach Hotel Owner /Manager and Wrightsville Beach Hotel Owner /Manager categories are being re- advertised as no applications have been received to date. Attachments: Committee Information Sheet Applications Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 1 Eligible For Applicant Category Reapp ointment Nominations Christine Divoky Tourist Attraction X Chamber of Natalie H. English Commerce X Attachments: Committee Information Sheet Applications Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 1 NEW HANOVER COUNTY TOURISM DEVELOPMENT AUTHORITY Number of Members: 15 voting members: 5 ex- officio members and 10 members appointed by the Board of County Commissioners. The five ex- officio members are the Chairman of the Board of County Commissioners, the Mayor of the City of Wilmington, and the Mayors of the Beach towns or whomever they appoint by each elected body. The other ten members are in the following categories and must have experience in promoting travel and tourism: a. Owner /manager of a hotel of 150 rooms or more in the Town of Wrightsville Beach b. Owner /manager of a hotel in the Town of Carolina Beach c. Owner /manager of a hotel in the Town of Kure Beach d. Owner /manager of a hotel of 150 rooms or more in the City of Wilmington e. Owner /manager of a hotel of fewer than 150 rooms in the City of Wilmington f. Owner /manager of a bed and breakfast facility g. Owner /manager of company that manages and rents more than 100 vacation rental properties h. Representative of a tourism attraction i. Representative of the Wilmington Chamber of Commerce j. Owner /manager of a restaurant business Term of Office: 3 -years with no one serving more than two consecutive full terms (excluding Chairman of Commissioners and Mayors). Regular Meetings: Fourth or Fifth Wednesday of every other month at 5:30 p.m. at various locations in the county. Statute or cause creating Bureau: On October 3, 2002, through House Bill 1707, the North Carolina General Assembly directed that the New Hanover County Board of Commissioners designate the Cape Fear Coast Convention and Visitors Bureau as a Tourism Development Authority (TDA) to promote travel, tourism, and conventions in New Hanover County, and to administer related tourism expenditures. The TDA shall take effect and come into creation on January 1, 2003, with all those powers, rights and duties set forth in House Bill 1707, Session 2001. The Authority shall hereinafter be known and operated as the New Hanover County Tourism Development Authority d.b.a. Cape Fear Coast Convention and Visitors Bureau. Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Anne E. Brodsky Kure Beach First 12/20/10 12/31/13 Palm Air Realty Hotel Second 12/9/13 12/31/16 133 N. Ft. Fisher Boulevard Owner /Manager Third 2/20/17 12/31/19 Kure Beach, NC 28449 910 - 458 -5269 (W) 910 - 228 -7810 (C) Jason Spencer Bryant, Vice - Chairman Vacation Rental Unexpired 12/31/17 4104 Conner Ct. Properties 12/19/16 Wilmington, NC 28412 (100 +) First 12/18/17 12/31/20 910 - 297- 6812(C)910- 255 -3764 (W) Owner /Manager Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 2 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 2 Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 3 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Christine Divoky Tourist Attraction Unexpired 12/31/19 5252 Woods Edge Rd. 11/13/18 Wilmington, NC 28409 r` %CJ n„ , G1 910 - 233 -2013 (C) 910 - 762 -1260 (H) Natalie H. English Chamber of First 4/17/17 12/31/19 309 Foxhall Court Commerce Wilmington, NC 28412 -t�5 (�„ r �`'C� �t 704 - 968 -0956 (C) 910 - 762 -2611 (W) Nicole Jones Wilmington Hotel Unexpired 11/13/18 12/31/20 302 Dogwood Lane (5 150) Wilmington, NC 28409 Owner /Manager 910 - 262 -6115 (C) 910 - 313 -0824 (H) 910- 395 -8224 (W) Nicolas Montoya Wrightsville First 12/9/13 12/31/16 219 N. 17th Street Beach Second 12/19/16 12/31/19 Wilmington, NC 28401 Hotel V0A1 `1� 910 - 617 -2946 (C) 910 - 256 -2251 (W) Owner /Manager U� Charles Pennington Bed & Breakfast Unexpired 9/20/04 12/31/06 The Verandas Bed and Breakfast Owner /Manager First 12/18/06 12/31/09 202 Nun Street Second 1/19/10 12/31/12 Wilmington, NC 28401 -5020 Third 12/17/12 12/31/15 910 - 251 -2212 (H/W) Fourth 12/14/15 12/31/18 Fifth 2/18/19 1231/21 Daniel Perkins, Chairman Wilmington Hotel Unexpired 8/22/16 12/31/17 Hotel Ballast ( +150) First 12/18/17 12/31/20 301 No. Water St. Owner /Manager Wilmington, NC 28401 910 - 763 -5900 (W) 910 - 232 -6021 (C) 910- 399 -6269 (H) 910 - 763 -0038 (F) LeAnn Pierce Carolina Beach Unexpired 2/18/13 12/31/15 Drifter's Reef Hotel Hotel First 12/14/15 12/31/18 701 N. Lake Park Boulevard Owner /Manager Second 12/17/18 12/31/21 Carolina Beach, NC 28428 910 - 520 -5921 (C) 910 - 458 -5414 (W) Angela Rhodes, Secretary Restaurant First 12/17/12 12/31/15 Catch Modern Seafood Cuisine & Owner /Manager Second 12/14/15 12/31/18 Phun Seafood Bar Third 1/22/19 12/31/21 803 Calico Crossing Wilmington, NC 28411 910 - 777 -9551 (C) 910 - 799 -3847 (W) Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 3 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 3 Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 4 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Ex- officio Members: Patricia Kusek New Hanover 1/9/2017; 1/8/18; Undesignated County 1/7/19 Commissioner Mayor Joe Benson Carolina Beach 12/17 Undesignated Mayor Craig Bloszinsky Kure Beach 12/17 Undesignated Mayor Bill Saffo City of 12/09 Undesignated Wilmington Mayor Bill Blair Wrightsville 12/09 Undesignated Beach Lisa Wurtzbacher, Treasurer New Hanover 8/12 Undesignated County Finance Officer Contact: Kim Hufham, President/CEO File:/TDA Wilmington and Beaches CVB Revised: 04/2019 505 Nutt Street, Unit A Wilmington, NC 28401 910 - 341 -4030 (W), 910 - 520 -9194 (C), 910 - 341 -4029 (F) Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 4 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: New Hanover County Tourism Development Authority i on Name: Christine Divoky E -Mail' cdivoky @friendsoffortfisher. c 0 M Home Address: 5252 Woods Edge Rd Wilmington 28409 (street) rp Code) Mailing Address if different: (CRY) (Zip Code) Home Phone: 910.7 62.12 60 Fax: Ce1/:910.233.2013 Business. 233.2013 Years living in New Hanover County: 23 Male: Female: ✓ Race: Caucasion Age: 50 (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. Friends of Fort Fisher, Fort Fisher State Historic Site 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:Executive Director, Friends of Fort Fisher Professional Activities: Assoc. of Fundraising Professionals, Cape Fear Civil War Roundtable Volunteer Activities. volunteer for Cape Fear Literacy Council, Waves of Wilmington, Nourish NC Why do you wish to serve on this board/committee? Tourism is a significant source of jobs & tax receipts. I'd like to serve NBC in an area in which I have strong personal interest. Conflict of Interest: ff 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? Heritage Tourism, Beach Preservation, Public Relations, Convention Promotion Qualifications forserving: 10 years nonprofit experience including Director of Azalea Feat Home Tour. Current position involves tourism promotion and working with local & state agencies. Other municipal or county boardsfrcommittees on which you are serving: none 2018 List three local personal references and phone numbers: 1. George Edwards, retired Director of Historic Wilmington Foundation 9M 932G W48 2. Lisa Estep, NBC Board of Education 910.262.7191 3 Mike McCarley, owner Carolina Marine Terminal 910.617.0333 Date: C1f-:A1a(-SC2 ao %� Signature G Applications are kept on Molar 18 months I understand that any board or committee ppointee maos removed without cause by a majority of County Commissioners. Please use reverse side for additional comtr�oatsd of Commissioners - December 16, 2019 ITEM: 14- 7 - 5 NEW HANOVER COUNTY ; BOARD OF COMMISSIONERS 230 Government Center Drive, Sufte 175 Tep rile 28403 Telephone COMMITTEE APPLICATION ho (910) 798 -7149 FAX (910) 798 -7145 Board/COmmittee: Tourism Development Authority Name: Natalie Haskins English E- Mal /: english@wilmingtonchamber. or Home j� Address: ')7 3� W i �- Q l.fLne, . w Mailing Address if different: Home Phone 704- 968 -0956 Fax: 762 -9765 (City) 0 (Zip Code) Cel /:704- 968 -0956 Business: 762 -2611 Years living in New Hanover County. 1 Male: Female: ✓ Race: White Age: 4 9 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? lf yes, name Employer Wilmington Chamber of Commerce A person currently employed by the agency or department for which this applicalon is made, must resign hisrher position with New Hanover County upon appointment, in accordance with Aficle V/, 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 and CEO Professional Activities: none in Wilmington yet Volunteer Activities: former member Charlotte Rotary, church committees and board Why do you wish to serve on this board(committee? The partnership between the chamber and our tourism agency is an important one. The chamber wants to support growth in tourism. Conflict of Interest: if aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of htsRrer 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? not sure at this time Qualifications forserving: As chamber President, I am uniquely positioned to aid in connecting the general business community with the tourism industry. Other municipal or county boards/committees on which you are serving: Beach, waterways and Ports Commission List three local personal references and phone numbers.CEIVED 1 Charlie Mattox - 815 -2715 VLR 15 2017 2. Susan Smith - 252 - 532 -7624 AFF 3 Chris Boney - 790 -9901 Date: March 15, 2017 Signature .Applications are kept on file for 18 months 1 understand th any card or committee appofnt y be removed without cause by a majority of County Commission . Please. use reverse side for additional comments Board of Commissioners - December 16, 2019 ITEM: 14- 7 - 6