COUNTY OF DARE

Transcription

COUNTY OF DARE

COUNTY OF DARE
PO Box 1000, Manteo, NC
DARE COUNTY BOARD OF COMMISSIONERS
DARE COUNTY ADMINISTRATIVE BUILDING
954 Marshall C. Collins Dr., Manteo, NC
Monday, February 07, 2011
“HOW WILL THESE DECISIONS IMPACT OUR CHILDREN AND FAMILIES?”
AGENDA
9:00 AM
CONVENE, PRAYER, PLEDGE OF ALLEGIANCE
ITEM 1
Oath of Office for the Clerk to the Board of Commissioners
ITEM 2
Presentation of County Service Pins - February 2011
ITEM 3
Employee of the Year - 2010
ITEM 4
Employee of the Month - February 2011
ITEM 5
Public Comments
ITEM 6
Present Deputy Sheriffs with Advanced Professional Certificate
ITEM 7
Dare County Department of Public Health - Patient Advocate Foundation (PAF)
Presentation
ITEM 8
Governor's Crime Commission Grant Pre-Applications
ITEM 9
GEM Center's Dementia Survey Results
ITEM 10
Economic Improvement Council, Inc. Presentation
ITEM 11
Proposed Travel Policy Revisions
ITEM 12
Draft Regulations for Wind Energy Systems in Unincorporated Dare County
ITEM 13
Lighthouse Christian Fellowship Church Request for Late Application for Property Tax
Exemption on Vacant Parcels in Kitty Hawk
ITEM 14
Award of FY2010-2011 Vehicle and Equipment Financing
ITEM 15
Amendment to the Capital Project Ordinance for Emergency Communications System
Land of Beginnings
1
ITEM 16
Consent Agenda
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Approval of Minutes (1.18.11)
New Position - Community Programs Coordinator (Sheriff's Office)
Budget Amendment - Sheriff's Office Part-time Salaries
Budget Amendment : Bowsertown Landfill Phase 3
Crisis Intervention Program Budget Amendment
Social Services Department of Transportation Budget Amendment
Budget Amendment - Elections - HAVA Funding
Dare County Dept. of Public Health - H1N1 Budget Amendment
Budget Amendment - Dare County Transportation System
Budget Amendment - Golden Leaf Foundation - Outer Banks Catch
Advertise 2010 Tax Year Liens
Road Request - Summerplace Drive, Hatteras, NC
ITEM 17
Board Appointments
1. Board Appointments - NC Senior Tarheel Legislature Delegates
2. Aging Advisory Council for the Albemarle Commission
3. Planning Board
4. Upcoming Board Appointments for March 2011
ITEM 18
Commissioners’ Business
Manager’s/Attorney’s Business
ITEM 19
Closed Session
1. Approval of Minutes (1.18.11)
ADJOURN UNTIL 5:00 P.M. ON FEBRUARY 21, 2011
2
Oath of Office for the Clerk to the Board of Commissioners
Description
Oath to be administered to the new Clerk to the Board of Commissioners
Item Presenter
Chairman Warren Judge
Board Action Requested
Administer Oath
3
Presentation of County Service Pins - February 2011
Description
Gary Gross, Deborah Alexander, Ralph Owens, Jack Flythe, and Susan Nelson are to receive pins this month.
Item Presenter
Bobby Outten, County Manager
None
4
February 7, 2011
PRESENTATION OF COUNTY SERVICE PINS
1. Gary Gross, Clerk and Special Asst. to the Board of Commissioners, 10 Yr. Pin
- Presented by Bobby Outten, County Manager
2. Deborah Alexander, Detention Center Nurse, 10 Yr. Pin
- Presented by Doug Doughtie, Sheriff
3. Ralph Owens, Detention Trans/Class Officer, 10 yr. Pin
- Presented by Doug Doughtie, Sheriff
4. Jack Flythe, Environmental Health Supv. II, , 25 Yr. Pin
- Presented by Anne Thomas, Health Director
5. Susan Nelson, Social Worker III, 30 Yr. Pin
- Presented by Jay Burrus, Social Services Director
5
Employee of the Year - 2010
Description
The Employee of the Year for 2010 will be presented
Item Presenter
TBD
None
6
Employee of the Month - February 2011
Description
The Employee of the Month certificate will be presented.
Item Presenter
TBD
None
7
Discuss Governor's Crime Commission Grant Pre-Applications with Commissioners
Description
Discuss pending Crime Commission Grant Pre-Applications with Commissioners
Item Presenter
Sheriff Doug Doughtie
Informational Purposes only
9
Print Grant Application Information
Page 1 of 16
Governor's Crime Commission
2011 Grant Pre-Application Number: 353
1201 Front Street, Suite 200
Raleigh, NC 27609
Phone: (919) 733-4564 Fax: (919) 733-4625
1. Name of Project:
Dare Sheriff's New Day Tech
Program
3. Applicant Agency: (name, address, phone,
fax)
County of Dare
P.O. Drawer 1000
Manteo, NC 27954
Phone: (252) 475-5000
Dare County
DUNS Number: 082358631
CCR Registration: [ X ] Yes [ ] No
Federal Tax ID: 566000293
Fiscal Year End Date: June 30
State Agency?: No
2. Committee Assignment:
Crime Victims' Services ( ) Juvenile Justice Planning (
Criminal Justice Improvement ( X )
)
4. Program Priority:
A
B
C
D
E
F
5. Project Starting and Ending Dates:
07/01/2011 - 06/30/2013
6. Authorizing Official: (name and title)
J. Douglas Doughtie
Sheriff
7. Type of Action:(select one)
[ X ] First Application
[ ] Continuation of Grant / 2nd Year Grant
8. Financial Officer: (name, title, telephone,
email)
Dave Clawson
Finance Officer
(252) 475-5731 [email protected]
9. U.S. Congressional District(s): 3
N.C. Legislative District(s):
House: 2
Senate: 1
Population of Project Area: 47,500
10. Implementing Agency: (name, address,
telephone, fax)
11. Project Director: (name, title, telephone, e-mail)
Charlie Nieman
Dare County Sheriff's Office
Lieutenant
962 Marshall C.Collins Drive
(252) 475-5980
P.O. Box 757
[email protected]
Manteo, NC 27954-0757
Phone: (252) 475-5980 Fax: (252) 473-6371
12. Implementing Agency Profile:
a. Non-profit, nongovernmental agencies,
please attach a copy of your current year's line
item operating budget and describe the
sources of those funds.
b. Attach a copy of what other funding sources
and amounts, if any, have been committed for
this project or have been applied for or are
anticipated for the project.
c. Law Enforcement Agencies:
Number of Sworn Officers:
77
14. Requested Budget Totals:
Personnel:
Contractual:
Travel:
Supplies:
Equipment:
Total Budget:
Subtract Match:
Federal Request:
1st Year
$0.00
$0.00
$0.00
$0.00
$50,000.00
¯¯¯¯¯¯¯¯¯¯
$50,000.00
-$0.00
¯¯¯¯¯¯¯¯¯¯
$50,000.00
2nd Year
$0.00
$0.00
$0.00
$0.00
$0.00
¯¯¯¯¯¯¯¯¯¯
$0.00
-$0.00
¯¯¯¯¯¯¯¯¯¯
$0.00
13. Project Summary:
This project will bring the level of technological equipment to efficient minimal operational standards. We will
revamp our technology program from a woefully deficient level that has consistently decreased of the past years
to a workable level to ensure both public and officer safety.
Project Counties:
This project will operate in the following counties:Dare and the additional 99 counties, through the state VIPER
Network.
Page 1
10
http://www.ncgccd.org/applications/gmspreapp2011/PrintHTMLPreApp.cfm
1/31/2011
Page 2 of 16
Project Abstract and Project Narrative
Project Abstract (The Problem): Briefly describe project's purpose, identify target population, and discuss program
components which address the identified problem. Include local statistics to substantiate the need.
Our office has, in the past, been woefully deficient in obtaining a sound technological/officer safety edge. We find ourselves in a
baseline equipment crisis. We seek your help in assisting us to modernize and bring our office up to a safe and workable standard.
The minimal level of technology equipment we have is well worn and not reliable for safe use. We span an enormous geographical
area in north eastern North Carolina.Our unique area experiences a seasonal flux in population upwards of 250k people on any
given day during our tourist season.The uniqueness of this special area, the ever present threat from weather hazards, and socioeconomic disparity in population pose us extreme challenges in providing a safe environment. Our new Sheriffs administration
needs your urgent help to assist us in creating an initial technological baseline approach to our new community oriented policing
model.We have 1562 sq. miles, over 40k in population, per capita income of $23,614 and five times the current state average for at
risk of juvenile delinquency.Dare County leads the state in illegal prescription drug abuse as well as reported addictions to crack
cocaine and methamphetamine.The uniquely tourism driven economy creates a vast dichotomy in the socio-economic standard of
the population.
Project Narrative (Operation): Include a description of how grant funded positions are integral to the project and
how contractual, travel, operating, and equipment expenses will support the project. Discuss how you will collaborate
with other agencies. Focus on the project - do not give agency history, do not repeat abstract.
We seek your help in assisting us to modernize and bring our office up to a more modern and efficient standard in some very basic
ways. We have applied for grants with The GHSP to begin implementing some in-car video systems to ensure officer and public
safety. DCSO has always partnered with allied agencies both on a local and state level. We are nearing the completion of our new
800mhz(VIPER compatible) Public Service Radio System. This project has been a massive cooperative effort between all the LE,
EMS, FIRE, and municipalities within the county. Under our leadership we have achieved this goal primarily with local tax dollars.
This new technology makes most of our existing electronic equipment obsolete. We also have a great need to provide our deputies
with less than lethal force technology. As part of providing law enforcement services to a growing tourist area, we find our use of
force options very limited. We wish to effectively manage physical threats to public safety in a very low key manner so as to maintain
a positive community oriented enforcement image. We have very few, old and well worn taser devices which have to be passed off
from squad to squad. This transfer of equipment has led to the early demise of this equipment and greatly increases the potential for
malfunction when needed for deployment in the field. With the grant purchase of these devices as well as some much needed MDT
computers, and 800MHZ compatible cameras, crime scene recording technology, and license plate recognition systems, we can
raise the level of quality law enforcement services to our citizens and visitors. As we purchase and implement this equipment we will
be far more able to efficiently provide the necessary law enforcement services to our citizens and the thousands of tourists that visit
Dare County yearly. We also employ a cooperative philosophy with the other public safety agencies within our county and will utilize
much of this investment in technology in our efforts with our local narcotics unit,in operations requiring inter-agency cooperation, and
multi-jurisdictional special events unique to our highly populated tourist areas.
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Page 3 of 16
Timeline of Project Activities
Timeline of Project Activities:
We have begun research on vendor eligibility and developing equipment specifications for any necessary bidding procedures. We
propose to be ready to advertise bids on eligible equipment by July 1,2011. We anticipate a staged implementation of the Taser
equipment while at the same time upgrading our training program. We are currently revising our operational directives as to the use
of electronic compliance devices (ECD's). Though we are not a CALEA accredited agency our command staff and advisors are
assisting in developing operational policies which meet national accreditation standards. This ongoing process is not limited to the
use of ECD's but is applicable to all of the technology we are implementing including our new 800MHZ VIPER compatible radio
systems and communications consoles. By August,2011 we anticipate full implementation of the ECD's. Mobile Data Terminal
(MDT) and related computer servers will be procured and implemented in the field by November,2011. All other technology
equipment purchased under this grant request will be fully implemented by December,2011. We will hold off on implementation of
any maintenance agreements for purchased computer software until the Phase 2 of our implementation plan, January 1, 2012 as we
will be also preparing at that time our fiscal 2012-2014 local budgets. Sheriff Doughtie inherited a partially used budget and was
elected to office during the midpoint of our county's budget process.
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Page 4 of 16
Project Goals, Objectives, Performance Measures and Evaluation
Methods
Project Goal(s):
We will reduce both the actual number of ECD deployments from 87 to less than 20 over the period of the grant and
contingent upon continued implementation of devices.
Project Objective #1:
To deter the use of physical resistence by offenders through simple display of the units by deputies.
Performance Measure #1:
Use of actual statistical data to validate the reduction.
Evaluation Method #1:
Maintain and report accurate record of deployments versus previous years without implementation of ECD's
Reduce the number of officer assaults by offenders by a minimum of 75%.
Officer related assaults that are reported will be reduced as a result of deployments or threat of deployment of ECD'S.
We willl compare these data to data collected from years when devices were either not deployed or used to guage
effectiveness and to ensure our goals are being met.
Reduce the number of resist, delay, and obstruct offenses charged by a minimum of 75%.
Offenders charged with resisting arrest will be reduced through implementation of this technology.
We will compare these data with actual charges filed in years past to validate the reduction.
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Page 5 of 16
Project Objectives, Performance Measures, Evaluation Methods and
Sustainability Planning (continued)
Show measurable efficiency in the collection of crime scene data through the use of digital video.
By having this new technology we can transmit digital crime scene images directly over our VIPER link to our
departmental records database.
These data wil be used to prove the efficiency of this technology Utilizing the VIPER Network as well as the NC
AWARE and Magistrates network we can show the validity of the technology and reduce uninformed Magisterial pretrial release of violent offenders instantaneously over the VIPER 800 mhz net
Sustainability Plannning: Describe your formal, working sustainability plan for the project and how it will result in
permanent operational funding (not GCC funding) once this grant ends. (If this grant proposal is for a one-time
equipment purchase or training only, do not complete this section.)
Our current budgetary process is based upon a two year budget cycle. As we are in the mid point of this cycle, this will allow the
new Sheriff time to develop adequate budgets to both maintain and to re-build a sound fiscal capital improvement program.This plan
will be published and submitted as part of the County's overall re-investment and recovery plan during this harsh economic
downturn in our local economy. Our intent is to re-build and maintain current technologies adequate to provide the best possible law
enforcement services while cutting unnecessary expenditures.This assistance is critical to that effort as we have other crtitcal
programming needs to aid our community.We are only seeking seed monies to address these vital services.
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Page 6 of 16
Detailed Budget
Budget Category (one year only)
A. PERSONNEL
1. Salaries: List each position with yearly rate.
Position Title
Volunteers (To include FICA)
(Crime Victims' Services Committee-Only)
Salary Rate
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
% of Time Devoted
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Hourly Rate
$0.00
$0.00
No. of Hours
0
0
Hourly Rate
$0.00
$0.00
No. of Hours
0
0
2. Overtime: (Average)
New Employee
Current Employee
Salary Subtotal:
3. Fringe Benefits: Itemize percentages applicable for each benefit for all positions.
Category
Formula
FICA
7.65%
Retirement
Hospitalization
Other
Benefits Subtotal:
4. Volunteers (To exclude FICA)
Hourly Rate
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
No. of Hours
0
Volunteers Excluding FICA Subtotal:
$0.00
Total Personnel:
$0.00
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Page 7 of 16
Detailed Budget (continued)
B. CONTRACTUAL SERVICES
1. Individual Consultants: List by position, rate of pay and time required.
Time Required
Position Title
Pay Rate
(hours)
$0.00
0
$0.00
0
$0.00
0
$0.00
0
Individual Consultant Subtotal:
$0.00
2. Agency: List by type of agency, rate of pay and time required.
Agency
Pay Rate
$0.00
$0.00
$0.00
$0.00
$0.00
Time Required
(hours)
0
0
0
0
0
Consultant Agency Subtotal:
$0.00
Total Contractual Services:
$0.00
C. TRAVEL: List cost for transporting clients and costs for travel and subsistence of project personnel.
In-State Travel Expenses Description:
Total In-State Travel Expenses for All Positions
$0.00
Out of-State Travel Expenses Description:
Total Out of-State Travel Expenses for All Positions
$0.00
Subsistence for All Travel Description:
Total Subsistence for All Travel
$0.00
Client Transport Expenses Description:
Total Client Transport Expenses
$0.00
All Other Travel Expenditures Description:
Total for All Other Travel Expenditures
$0.00
Total Travel:
$0.00
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1/31/2011
Page 8 of 16
Budget Category
(one year only)
D. SUPPLIES AND OTHER OPERATING EXPENSES
(i.e. office supplies, field supplies, training supplies, printing, computer software, registration fees,
postage, utilities, office rent (not mortgage!) Be specific - do not use "miscellaneous" as a category.
Do not include indirect costs.)
Category
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Operating Expenses:
$0.00
E. EQUIPMENT
1. Equipment Purchase only
Item Description
Unit Price
Taser
$0.00
0
$900.00
51
Taser Holster
Taser Training Kit Package
Quantity
$50.00
51
$775.00
2
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
Purchased Equipment Subtotal:
$50,000.00
2. Equipment Lease or Rental only
Item Description
Unit Price
Quantity
$0.00
0
$0.00
0
$0.00
0
Leased Equipment Subtotal:
$0.00
Total Equipment:
$50,000.00
TOTAL PROJECT COST:
$50,000.00
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Page 9 of 16
Budget Summary
I. Description of Match:
Matching funds may include local, state or private funds, but not other federal funds.
A. Juvenile Justice Planning, Criminal Justice Improvement
1. 25% cash match only required
Describe amount and source of cash match:
2. 50% cash match required for those law enforcement agencies applying for program Priority E
Describe amount and source of match:
B. Crime Victims' Services
1. 25% cash match or in-kind match required for those applying for program priority C
Describe amount and source of cash or in-kind match:
2. 20% cash match or in-kind match is required for those applying for program priorities A,B,D &
E
C. Request For Match Waiver
If you choose to apply for a match waiver, check this box [X] , and state the reasons below.
The Authorizing Official must sign and return the following page (page 10) along with the
signature page.
II. Budget Categories:
First Year
Anticipated Second Year
A. Personnel:
$0.00
$0.00
B. Contractual Service:
$0.00
$0.00
C. Travel:
$0.00
$0.00
D. Supplies/Operating Expenses:
$0.00
$0.00
E. Equipment:
$50,000.00
$0.00
F. Total Budget:
$50,000.00
$0.00
-$0.00
-$0.00
$50,000.00
$0.00
G. Subtract Matching Funds:
H. TOTAL FEDERAL REQUEST:
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Page 10 of 16
Request For Match Waiver
Applicants may seek a match waiver due to extreme hardship or extenuating circumstances.
A limited number of match waivers will be granted. The approval of waivers will be based on the
availability of funds and the Commission's overall rating of the grant proposal. Because "match free" funds are
limited and very competitive, applying for a waiver may reduce the likelihood of funding.
Agencies applying for a match waiver must give a detailed written justification. These projects will
be subjected to a much higher level of scrutiny during the review process.
The Authorizing Official must sign and return this page along with the signature page.
As the Authorizing Official for this grant pre-application, I am requesting that the Governor's Crime Commission
grant this Implementing Agency a waiver of its match requirement for the following reasons:
Our local economy is still suffering from the effects of higher than the state average unemployment
10.5%. Our tax revenues, including traditional sources of taxes such as land transfer taxes are
substantially down. Traditional sources of stable revenue are also suffering such as taxes generated
from our tourism industry. We have only tourism and commercial aquaculture as our only staple
industries. Revenue from commercial fishing is also down due to both the economic state and
extraordinary water related factors. We have had to cut in several departments within the county
vital positions in order to meet our budget. Finally our real-estate market is severly depressed
dropping home values and causing lower valuation for taxable revenue. We request a waiver of
match until such a time as we can stabilize our local economy and gain more sound fiscal footing,
though we are still expected to maintain vital law enforcement services to our citizens. As stated
earlier our unique location creates undue pressure and socio-economic disparity in population and
our ability to provide services. Along with our increased population density from visitors social
departments of county government like sheriff's services are under great strain to maintain quality
services. The higher than average social concerns as compared to the state as a whole also create
a great dichotomy in standard of living for our citizens and tax base. We greatly need your help.
Signature: ____________________________________
Authorizing Official
Page 10
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Page 11 of 16
Certifications
A. Certification of Non-Supplanting:
X
The applicant hereby certifies that federal or state funds will not be used to supplant or replace funds or
other resources that would otherwise have been made available for Juvenile Justice, Justice Assistance
Grants, Victims of Crime Act, Violence Against Women Act, or Children's Justice projects.
B. Certification of Filing an Equal Employment Opportunity Program:
X
The project director certifies that the applicant/grantee has formulated an Equal Opportunity Program,
which is dated
05/06/2002
in accordance with the Amended Equal Employment Opportunity
Guidelines 28 C.F.R.42.301, et seq.,Subpart E, and that it is on file in the office of:
(Office)
Dare County Human Resources
(Name)
Elizabeth Reilly
(Title)
Human Resources Director
(Address)
PO Box 1000 / 954 Marshall Collins Drive Manteo, N
(Telephone) 252-475-5823
for review and audit by officials of the Department of Crime Control and Public Safety or the Office of
Justice Programs as required by relevant law and regulations.
The project director certifies that the Amended Equal Employment Guidelines have been read (28
C.F.R.42.301, et seq., Subpart E.) and that no Equal Employment Opportunity Program is required to be
filed by the implementing agency.
C. Certification of Submission of Annual Financial Reports:
X
The project director certifies that financial reports (or audits if required) will be submitted to the Office of
State Auditor and the Department of Crime Control and Public Safety.
D. Certification of Submission of Project Reports:
X
The project director certifies that completed programmatic reports (provided in the GCC Grant Award
Package) will be submitted as requested.
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Page 12 of 16
Certifications (continued)
E. Certification that Applicant is Eligible to Receive Federal or State Funds:
X
The project director certifies that neither grant applicant nor any of its officers, directors or consultants are
presently debarred, proposed for debarment, suspended, declared ineligible or voluntarily excluded from
receiving federal or state funds. [If the director cannot make this certification, an explanation must be
attached. If this certification cannot be provided, the applicant will not necessarily be denied participation in
this program. The certification or explanation will be considered in connection with the determination by the
Governor's Crime Commission as to whether or not to approve the application. However, if neither the
certification nor an explanation is provided, the application will be rejected.]
F. Certification Regarding Lobbying: (for agencies receiving $100,000 or more)
X
The project director certifies that (1) no Federally or State appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,
a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the awarding of any Federal or State contract, the making of any Federal or State grant,
the making of any Federal or State loan, the entering into of any agreement; (2) If any non-Federal funds
have been paid or will be paid to any person for influencing or attempting to influence an officer or
employee of any Federal or State agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with this Federal or State grant, the project director
shall initial here
and complete and submit Standard Form #LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions.
G. Drug Free Workplace Compliance: (for state agencies only)
I (project director) certify that (1) a drug-free workplace awareness program was held on
and/or will be
held annually on
which all grant project employees are required to attend;(2) a copy of the agenda of
that program, including an attendance sheet signed by all employees, will be provided to the Governor's
Crime Commission;(3) a statement will be published notifying employees that any unlawful involvement
with a controlled substance is prohibited in the grantees workplace and that specific actions will be taken
against employees who violate this rule;(4) all employees will receive a copy of this notice;(5) all
employees must agree to abide by the statement and to notify the applicant of any criminal drug statute
conviction for a violation occurring in the workplace within 5 days of the conviction;(6) within 10 days of
receiving such notice, the applicant will inform the Governor's Crime Commission of an employee's
conviction;(7) any employee so convicted will be disciplined or required to complete a drug abuse
treatment program; and (8) the applicant will make a good faith effort to maintain a drug-free workplace, in
accordance with the requirements of Title V, Secs. 5153 and 5154 of the Anti-Drug Abuse Act of 1988.
H. Certification of Compliance with Senate Bill 464: (for law enforcement agencies only)
X
The project director certifies compliance with Senate Bill 464. Any agency subject to the provisions of this
legislation, that does not submit the information required, is not eligible to receive a Governor's Crime
Commission grant until the information is submitted. In addition, if an agency fails to submit the required
information during the life of an active grant, future payments will be withheld.
Available Technical Assistance
If you need assistance in completion of the grant pre-application,
please contact the appropriate program area planner at the Governor's
Crime Commission by calling (919) 733-4564
Program Area Planners
Juvenile Justice Planning Committee:
Kimberly Wilson, Lead
Paul LaChance
Brandy Dolby
Crime Victims' Services Committee:
Misty Brown, Lead
Frances Battle
Maria Fryer
Criminal Justice Improvement Committee:
Craig Turner, Lead
Wesley Clark
Navin Puri
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Page 13 of 16
CERTIFICATIONS: PROJECT SIGNATURE PAGE
Pre Application Number 353
Each of the undersigned certifies that they agree to comply with the general and fiscal terms and
conditions of this application including special conditions; to comply with the provisions of the Act or
Statute governing these funds and all other Federal and State laws; that all information presented is
correct; that there has been appropriate coordination with affected agencies; that they are duly
authorized by the Applicant to perform the tasks of Project Director, Financial Officer, or Authorizing
Official as applicable, as they relate to the terms and conditions of this grant application; that costs
incurred prior to grant approval will result in the expenses being absorbed by the implementing
agnecy; that the receipt of grantor funds through the Governor's Crime Commission will not supplant
state or local funds; and, that they understand that these funds are limited to a maximum of twentyfour months.
Project Director
Name:
Charlie Nieman
Title:
Lieutenant
Agency:
Address:
Phone:
(252) 475-5980
P.O. Box 757
Manteo, NC 27954-0757
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
Yes
No
Financial Officer
Name:
Dave Clawson
Title:
Finance Officer
Agency:
County of Dare
Address:
P.O. Drawer 1000
Phone:
(252) 475-5731
Manteo, NC 27954
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
Yes
No
Name:
J. Douglas Doughtie
Title:
Sheriff
Agency:
County of Dare
Address:
P.O. Drawer 1000
Phone:
(252) 475-5000
Manteo, NC 27954-
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
*NOTES:
Yes
No
The Project Director, Financial Officer, and Authorizing Official CAN NOT be the same person.
Staff funded under this grant may not be any of the authorizing officials without direct Crime
Commission approval. The application is not complete without all three signatures.
If the applicant agency is a non-profit, the Authorizing Official must be the Board Chair and the Financial
Officer must be the Board Treasurer. Sheriffs, Police Chiefs, and Executive Directors can not be Authorizing
Officials. Please refer to the instructions for proper identification of agency personnel. Improper selection of
these 3 individuals will disqualify your application.
THIS APPLICATION IS NOT COMPLETE WITHOUT THE ABOVE SIGNATURES.
22
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Page 13
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Page 15 of 16
1/31/11
RECEIPT
!!! IMPORTANT !!!
Governor's Crime Commission Grant Pre-Application Number: 353
Save this receipt as proof of submission of your online grant application. This is the only documentation that
you will receive.
After printing the signature page, have it signed and mail it, along with any required supporting documentation, to be
received no later than January 31, 2011. (Supporting documentation includes your current year’s operating budget and
sources of those funds,if you are a nonprofit agency. Attach a copy of what other funding sources and amounts, if any,
have been committed for this project or have been applied for or are anticipated for the project.)
YOUR APPLICATION IS NOT COMPLETE UNTIL WE HAVE RECEIVED THE SIGNED SIGNATURE
PAGE AND SUPPORTING DOCUMENTATION
MAILING INFORMATION
Mail the signature page and supporting documentation to:
ATTN: ARIE DAVIS
GRANTS MANAGEMENT DIRECTOR
GOVERNOR'S CRIME COMMISSION
1201 FRONT STREET; STE 200
RALEIGH NC 27609
Mail letters of collaboration directly to the appropriate Lead Planner for the Committee to which you are applying at
the same address as above:
Criminal Justice Improvement
Juvenile Justice Planning
Crime Victims' Services
Craig Turner, Lead Planner
Kim Wilson, Lead Planner
Misty Brown, Lead Planner
REVISIONS
To make any revisions to your submitted application, you must have your grant pre-application number and your
Federal Tax ID Number to access the application online. Simply choose "REVISE APPLICATION" rather than "NEW
APPLICATION" and enter these two numbers. Proceed with making changes, saving each page, and submit revisions.
Once your signature page is received in the GCC office, your pre-application will be locked and you will not be allowed
to make additional changes.
Page 14
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Return to GCC homepage
25
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Page 1 of 16
Raleigh, NC 27609
Phone: (919) 733-4564 Fax: (919) 733-4625
1. Name of Project:
Dare Sheriff's New Day
Innovative Tech Program II
fax)
County of Dare
P.O. Drawer 1000
Manteo, NC 27954
Phone: (252) 475-5000
Dare County
State Agency?: No
Crime Victims' Services ( ) Juvenile Justice Planning (
Criminal Justice Improvement ( X )
)
A
B
C
D
E
F
07/01/2011 - 06/30/2013
J. Douglas Doughtie
Sheriff
email)
Dave Clawson
Finance Officer
House: 2
Senate: 1
telephone, fax)
Charlie Nieman
Lieutenant
(252) 475-5980
P.O. Box 757
[email protected]
Manteo, NC 27954-0757
Phone: (252) 475-5980 Fax: (252) 473-6371
77
Personnel:
Contractual:
Travel:
Supplies:
Equipment:
Total Budget:
Subtract Match:
Federal Request:
1st Year
$0.00
$0.00
$0.00
$22,900.00
$77,070.00
¯¯¯¯¯¯¯¯¯¯
$99,970.00
-$0.00
¯¯¯¯¯¯¯¯¯¯
$99,970.00
2nd Year
$0.00
$0.00
$0.00
$0.00
$0.00
¯¯¯¯¯¯¯¯¯¯
$0.00
-$0.00
¯¯¯¯¯¯¯¯¯¯
$0.00
This project will bring the level of innovative tech programming to assist us in implementing our new 800 mhz
VIPER initiative. This project will also help us revamp woefully deficient officer safety tech equipment to a
workable and safe standard and thereby improve tech services to the county.
Project Counties:
This project will operate in the following counties:Dare and the additional 99 through the state VIPER Network.
Page 1
26
1/31/2011
Page 2 of 16
Our office has, in the past, been deficient in obtaining a sound technological/officer safety edge.We will address this situation by
employing a new and complete 800 MHZ(VIPER compliant)radio system. This system has been funded entirely through our local
tax base. By modernizing our system and employing innovative technology that is fully integratable with this system we can
drastically improve services and inter-agency working relationships. Dare County experiences a seasonal flux in population upwards
of 250,000 people on any given day during our tourist season.The uniqueness of this area,the ever present threat from weather
hazards,and socio-economic disparity in pop. pose us extreme challenges in providing a safe environment.Dare County needs your
help to assist us in creating an innovative deployment of this new multi-functional system. We have 1562 sq.miles over 40,000
population,per capita income of $23,614 and five times the current state average for at risk of juv. Delinquency. Dare County is
among the leaders in illegal prescription drug abuse as well as reported addictions to crack cocaine and methamphetamine.The
uniquely tourism driven economy creates a vast dichotomy in the economy of the population.
We seek your help in assisting us to complete the interoperable components of our new 800mhz radio program. DCSO has always
partnered with allied agencies both on a local and state level. We are nearing the completion our migration to our new 800mhz
initiative. This project has been a massive cooperative effort between all the LE, EMS, FIRE, and municipalities within the county.
Under our leadership we have achieved this goal with local tax dollars. This cutting edge technology was initially forecast to cost
over $40 million. Through innovative planning and leadership we have brought the cost to roughly $8.5 million. The major
interoperable component to this system is a well worn Citrix data server which provides allied agencies the ability to obtain real-time
data. This server is in great need of replacement. We also intend to employ cutting edge mobile evidentiary cameras in the field
which over this network can transfer real time crime scene images to our other partnered systems such as NC AWARE and our
Magistrates system. Having these data will better allow officials to make proper pre-release decisions as well as crime scene
management and investigation. Agencies in the field can work cooperatively to solve violent crimes by use of this shared
technology. Other components of this system will be employed to share data inter-jurisdictionally via the state VIPER network. Law
enforcement agencies in our growing tourist area will rely on this new system to provide both voice and data inter-operability. We
wish to effectively manage physical threats to public safety in a very innovative manner at a minimal expense to the taxpayer. We
need your assistance to complete this innovative program as we seek to provide a positive community oriented enforcement image.
We are still using outdated radio modems in the trunks of sheriff's vehicles to access the data VIPER network. With the grant
purchase of new server devices we can replace our radio modems with 800 mhz devices as well as some much needed MDT
computers. We also hope to integrate new license plate recognition hardware and software so as to be able to increase our ability to
identify community threats without utilizing profiling techniques. Frankly, we believe that through the use of innovative technology.
We can reduce disproportionate minority contact through our efforts with our local tasks force, inter-agency events, and multijurisdictional special events unique to our highly populated tourist areas.
Page 2
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We have initiated our initial migration to our new VIPER network. All of our allied agencies are in possession of their radios and our
communications center is on line with console equipment.We will being training on the new system in March of 2011. The proposed
innovative component improvements will be purchased and implemented by August 2011 pending the award. Though we are not a
CALEA accredited agency our command staff and advisors are assisting in developing operational directives which meet national
accreditation standards. This ongoing process includes the operational inter-agency guidelines for participating agencies and
departments who will use the technology we are implementing. Sheriff Doughtie inherited a partially used budget and was elected
to office during the midpoint of our county's 2 year budget process. We see this investment as seed money to assist us to reach our
goal of complete interoperability both by voice and data. Having made a local $8.5 million dollar investment into this technology, we
hope to be able to complete our goals towards safe and efficient interoperable data and voice communication.
Page 3
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Methods
Project Goal(s):
Fully implement our new 800 mhz VIPER compatable radio system in a manner consistent with state guidelines for
interoperable voice and data standards.We will be able to bring on line many previously segregated databases to
achieve an efficient voice and data network unparallelled in eastern NC.We have the goal to be a model tech.
program in our state and hope that our inovative efforts can be replicated in other medium sized jurisdictions in NC.
Bring all allied agencies on line achieve 100% interoperability within the early months of the grant period.
Begin to gather data generated from use of this technology and ensure 100% inter-agency data flow.
Assess these data and tune future efforts.
Develop a new and reproducable model for other jurisdictions.
Increase our pro-active efficency standards by minimum of 20% within the Sheriff's office and at least by 10% for
allied on-line departments using the system.
Measuring both service response times, and pro-active programming feedback using a data tool.
Spend funds in a timely and efficient manner.
Follow written operational directives on product and vendor selection to ensure quality hardware and software.
Develop a survey tool gathering user feedback to assess data quality and efficiency.
Page 4
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Page 5 of 16
Develop an inter-agency governance committee.
This committee will be made up of end users to provide input on technology.
Use these data to re-shape if necessary rules, guidelines, and operational data standards.
This inovative program, we believe represents the best result of an interoperable radio plan extending back over ten years in
planning and research. Initial estimates for this program exceeded $40 million dollars. We were able to meet our basic goal for $8.5
million. These funds will be used as seed money to aid us in completing this well planned and executed program. We fully expect to
maintain our own local investment in this program. We need your assistance to help us go to the next level and achieve full voice
and date interoperability on a state wide level, while we are mindful of efficiency and delivering quality law enforcement services to
our public.
Page 5
30
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Page 6 of 16
Detailed Budget
A. PERSONNEL
Position Title
Salary Rate
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
% of Time Devoted
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Hourly Rate
$0.00
$0.00
No. of Hours
0
0
Hourly Rate
$0.00
$0.00
No. of Hours
0
0
New Employee
Current Employee
Salary Subtotal:
Category
Formula
FICA
7.65%
Retirement
Hospitalization
Other
Benefits Subtotal:
Hourly Rate
$0.00
$0.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
No. of Hours
0
$0.00
Total Personnel:
$0.00
Page 6
31
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Page 7 of 16
Time Required
Position Title
Pay Rate
(hours)
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
Agency
Pay Rate
$0.00
$0.00
$0.00
$0.00
$0.00
Time Required
(hours)
0
0
0
0
0
$0.00
$0.00
In-State Travel Expenses Description:
$0.00
Out of-State Travel Expenses Description:
$0.00
Subsistence for All Travel Description:
$0.00
$0.00
$0.00
Total Travel:
$0.00
Page 7
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Page 8 of 16
Budget Category
(one year only)
Category
Total
Interop. remote acc. software
$22,900.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$22,900.00
E. EQUIPMENT
Item Description
Citrix interoperable server
Unit Price
Quantity
$5,700.00
1
mobile message switch server
$12,400.00
1
public safety domain controler
$13,100.00
1
$4,170.00
11
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
0
Mobile Evidence Camera
$77,070.00
Item Description
Unit Price
Quantity
$0.00
0
$0.00
0
$0.00
0
$0.00
Total Equipment:
$77,070.00
TOTAL PROJECT COST:
$99,970.00
Page 8
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Page 9 of 16
Budget Summary
E
signature page.
First Year
A. Personnel:
$0.00
$0.00
$0.00
$0.00
C. Travel:
$0.00
$0.00
$22,900.00
$0.00
E. Equipment:
$77,070.00
$0.00
F. Total Budget:
$99,970.00
$0.00
-$0.00
-$0.00
$99,970.00
$0.00
Page 9
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Page 10 of 16
Our local economy is still suffering from the effects of higher than the state average unemployment
(10.5%). Our tax revenues, including traditional sources of taxes such as land transfer taxes are
substantially down. Traditional sources of stable revenue are also suffering such as taxes
generated from our tourism industry. We have only tourism and commercial aquaculture as our
staple industries. Revenue from commercial fishing is also down due to both the economic state
and extraordinary water factors. We have had to cut in several departments within the county vital
positions in order to meet our budget. Finally our real-estate market is severly depressed dropping
home values and causing lower valuation for taxable revenue. We request a waiver of match until
such time as we can stabilize our services to our citizens. As stated earlier our unique location
creates undue pressure and socio-econmomic disparity in population and our ability to provide
services. Along with our increased population density from visitors social departments of county
government like sheriffs' services are under great strain to maintain quality services. The higher
than average social concerns as compared to the state as a whole also create a great dichotomy in
standard of living for our citizens and tax base. We greatly need your help.
Signature: ____________________________________
Page 10
35
1/31/2011
Page 11 of 16
Certifications
X
X
which is dated
05/06/2002
(Office)
(Name)
Elizabeth Reilly
(Title)
(Address)
(Telephone) 252-475-5823
X
X
Page 11
36
1/31/2011
Page 12 of 16
X
X
shall initial here
and/or will be
held annually on
X
Paul LaChance
Brandy Dolby
Misty Brown, Lead
Frances Battle
Maria Fryer
Craig Turner, Lead
Wesley Clark
Navin Puri
Page 12
37
1/31/2011
Page 13 of 16
Project Director
Name:
Charlie Nieman
Title:
Lieutenant
Agency:
Address:
Phone:
(252) 475-5980
P.O. Box 757
Manteo, NC 27954-0757
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
Yes
No
Financial Officer
Name:
Dave Clawson
Title:
Finance Officer
Agency:
County of Dare
Address:
P.O. Drawer 1000
Phone:
(252) 475-5731
Manteo, NC 27954
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
Yes
No
Name:
J. Douglas Doughtie
Title:
Sheriff
Agency:
County of Dare
Address:
P.O. Drawer 1000
Phone:
(252) 475-5000
Manteo, NC 27954-
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
*NOTES:
Yes
No
38
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39
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Page 15 of 16
1/31/11
RECEIPT
!!! IMPORTANT !!!
you will receive.
MAILING INFORMATION
ATTN: ARIE DAVIS
RALEIGH NC 27609
REVISIONS
Page 14
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1/31/2011
Page 16 of 16
41
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Page 1 of 16
Raleigh, NC 27609
Phone: (919) 733-4564 Fax: (919) 733-4625
1. Name of Project:
Dare SO New Theraputic
Wildernes Program
fax)
County of Dare
P.O. Drawer 1000
Manteo, NC 27954
Phone: (252) 475-5000
Dare County
State Agency?: No
Crime Victims' Services ( ) Juvenile Justice Planning ( X )
Criminal Justice Improvement ( )
A
B
C
D
E
F
07/01/2011 - 06/30/2013
J. Douglas Doughtie
Sheriff
email)
Dave Clawson
Finance Officer
House: 2
Senate: 1
telephone, fax)
Charlie Nieman
Lieutenant
(252) 475-5980
P.O. Box 757
[email protected]
Manteo, NC 27954-0757
Phone: (252) 475-5980 Fax: (252) 473-6371
77
Personnel:
Contractual:
Travel:
Supplies:
Equipment:
Total Budget:
Subtract Match:
Federal Request:
1st Year
$73,975.08
$0.00
$26,000.00
$56,700.00
$263,200.00
¯¯¯¯¯¯¯¯¯¯
$419,875.08
-$0.00
¯¯¯¯¯¯¯¯¯¯
$419,875.08
2nd Year
$0.00
$0.00
$0.00
$0.00
$0.00
¯¯¯¯¯¯¯¯¯¯
$0.00
-$0.00
¯¯¯¯¯¯¯¯¯¯
$0.00
This project will reactivate our Theraputic Wilderness Program and Alpine Skills Tower which was proven in the
past to be an effective character building program thereby reducing the juvenile delinquency rate while building
solid mentoring and character building modalities.
Project Counties:
This project will operate in the following counties:Dare
Page 1
42
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Page 2 of 16
Our office has, in the past, operated a Theraputic Wilderness Program and Alpine Skills Course. Our program was abandoned
several years ago and fell into disrepair. We had a solid record of decreasing juvenile delinquency recidivism by court involved youth
through partnering with our local JCPC and DJJDP staff. Dare County is a large county in Northeastern North Carolina.Our coastal
county increases in population upwards of 250,000 people on any given day during our tourist season.The unique geography of this
area,the constant threat of weather hazards,and the socio-economic disparity in our pop. poses us extreme challenges in providing
a safe environment. Our Office needs your help to assist us in creating a redeployment of the Alpine Tower/Theraputic Wilderness
program. We have 1562 sq.miles over 40,000 population, per capita income of $23,614 and five times the current state average for
at risk juv. Delinquency.Dare County leads the state in illegal prescription drug abuse as well as reported addictions to crack
cocaine and methamphetamine.The tourism driven economy creates a vast dichotomy in the economy of the population. We also
suffer from an inordinate per capita number of JJ comittments.
Our Therapeutic Wilderness program operates under the direct supervision of our Juvenile Justice Programming specialist. It is
designed to provide court counselors, school officials and the JCPC a solid community sanctioned program designed to address
the problem of juvenile delinquency. This character based camping program is only one part of the overall effort to prevent juvenile
delinquency. The Alpine Tower and challenge course is another component of this effective effort. It is a 50' tall tower and climbing
wall designed to instill character, teambuilding skills and guidance to court involved, at risk and developmentally disabled youth. This
tower is the nucleus for virtually unlimited character and teambuilding exercises. The unique combination of activity, climbing,
leadership and teambuilding has been hearalded as one of the most effective local programs to both prevent and intervene in
delinquent behavior in the area. The tower, primarily due to age and our harsh environment,has fallen into disrepair. The previous
administration was unable to develop sustainability plans for the tower and juvenile justice programming and we have seen an
increase in delinquency as a result. We have a new administration and a commitment to see this successful program re-established
and operational. Through new partnerships with the juvenile justice community and our commitment, we believe that we can sustain
this program on our own into the future without further grant funding. Our level of disproportinate minority contact per capita we
believe has reached an all time high. This effective program recognizes that antiquated practicioner attitudes towards juvenile justice
may play a role in this growing problem. This renewed approach capitalizes on building relationships both internally and outwardly
as we deal with juvenile delinquency issues. Our methodology is simple. We will utilize staff to assist directly in the leadership
programming, using deputies as role models and mentors thereby reducing some of the basic risk factors that begin the cycle of
DMC within our community while addressing the outcomes of delinquent behavior.
Page 2
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1/31/2011
Page 3 of 16
We will begin site preparation and repair work immediately upon the receipt of the award.....
Page 3
44
1/31/2011
Page 4 of 16
Methods
Project Goal(s):
We will reduce juvenile delinquency commitments by 20% over the first year of the grant. We will further reduce our
commitments by 30% in year 2. We will develop a replicatable model for DMC initiatives that can be used by other
jurisdictions through innovative efforts.
Many court involved youth succomb to lack of confidence. We will, through supervised camping and team building
activities teach coping and confidence building skills.
In a group setting mentor individual youth about the importance of wise decision making and group peer leadership.
We will on a case by case basis speak with the youth's parents, guardians, etc. Along with JJ court counselors to see
if program had lasting value.
To expose youth to unfamiliar natural environments and teach them skills and to seek guidance from approiate
sources before making wrong decisions.
Through practical exercises demonstrate confidence in adult authority which the youth can then practice when he
returns to normal home settings.
We will devlop a written survey instrument to be given to various authority figures directly involving the particular
youth. We will compare this data over the course of the school year to determine if they have acheived an optimal
result.
We will build confidence and self esteem through series of activities involving climbing and physical fitness through
individual and group participation on the alpine tower and climbing wall.
Youth will be participating in structured courses involving climbing the tower to teach them how to reach higher
objectives through team work and individual adult supervision and instruction.
We will use the same instrument as above with survey questions geared to specific skills taught by the tower course.
Page 4
45
1/31/2011
Page 5 of 16
We will teach youth how to master a difficult zip line which requires positive group interaction in order to master.
In order to achieve mastery youth must be able to effectively and safely cooperate with other youth while receiving
direct authority supervision. Obedience is necessary in order to master this activity.
We will use the same instrument as above with survey questions geared to specific skills taught by the tower course.
Our current budgetary process is based upon a 2 year budget cycle. As we are in the mid point of this cycle, this will allow our new
sheriff time to develop a sound capital improvement plan. This plan will be published and submitted as part of the county's overall
reinvestment and recovery plan during this severe economic downturn in our local economy. Our intent is to use rebuild our JJ
program. This assistance is critical to that effort. We seek these funds as seed money and not long term continual funding as we
reinstate our programming.
Page 5
46
1/31/2011
Page 6 of 16
Detailed Budget
A. PERSONNEL
Position Title
Sheriff Program Coordinator
Salary Rate
$46,601.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
% of Time Devoted
100
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Hourly Rate
$0.00
$0.00
No. of Hours
0
0
Hourly Rate
$0.00
$15.00
No. of Hours
0
500
New Employee
Current Employee
Salary Subtotal:
$54,101.00
Category
Formula
Total
FICA
7.65%
$4,138.73
Retirement
6%
$3,262.07
Hospitalization
Hosp
$12,473.28
Other
$0.00
$0.00
$0.00
$0.00
Benefits Subtotal:
Hourly Rate
$0.00
$19,874.08
No. of Hours
0
$0.00
Total Personnel: $73,975.08
Page 6
47
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Page 7 of 16
Time Required
Position Title
Pay Rate
(hours)
$0.00
0
$0.00
0
$0.00
0
$0.00
0
$0.00
Agency
Pay Rate
$0.00
$0.00
$0.00
$0.00
$0.00
Time Required
(hours)
0
0
0
0
0
$0.00
$0.00
In-State Travel Expenses Description: Transporting participants to
and from activities.
$20,000.00
Out of-State Travel Expenses Description: Transporting participants
to out of state camping activities
$5,000.00
Subsistence for All Travel Description: per diem for participants
$1,000.00
$0.00
$0.00
Total Travel:
$26,000.00
Page 7
48
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Page 8 of 16
Budget Category
(one year only)
Category
Total
Team development course
$21,900.00
Laptop Computers 2
$4,500.00
Office Supplies
$1,000.00
Mobile Printer
$600.00
Tee Shirts for participants
$1,200.00
Uniforms & Jumpsuits
$2,500.00
Site CCTV & Security System
$25,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$56,700.00
E. EQUIPMENT
Item Description
Unit Price
Quantity
Alpine tower 2 & giant swing
$67,100.00
1
Carolina straight wall
$58,600.00
1
Dual zip line system
$37,500.00
1
20' enclosed trailer
$5,000.00
2
climbing ropes, harness kit
30
$15,000.00
1
safety fittings, support kit
$10,000.00
1
$300.00
20
tents
sleeping bags
$50.00
50
Gator ATV
$16,500.00
1
Client transport vehicle
$40,000.00
1
$0.00
0
$0.00
0
$263,200.00
Item Description
Unit Price
Quantity
$0.00
0
$0.00
0
$0.00
0
$0.00
Total Equipment:
$263,200.00
TOTAL PROJECT COST:
$419,875.08
Page 8
49
1/31/2011
Page 9 of 16
Budget Summary
E
signature page.
First Year
A. Personnel:
$73,975.08
$0.00
$0.00
$0.00
C. Travel:
$26,000.00
$0.00
$56,700.00
$0.00
E. Equipment:
$263,200.00
$0.00
F. Total Budget:
$419,875.08
$0.00
-$0.00
-$0.00
$419,875.08
$0.00
Page 9
50
1/31/2011
Page 10 of 16
Our local economy is still suffering from the effects of higher than the state average unemployment,
10.5%. Our tax revenues including traditional sources of revenues such as land transfer taxes are
substantially down. Traditional sources of stable revenue are also suffering such as taxes generated
from our tourism industry. We have tourism and commercial aquaculture as our only staple
industries. Revenues from commercial fishing are also down due to both the current mational
economic state and extraordinary water related factors. We have had to cut several departments
within the county, vital positions in order to meet our budget. Finally, our real estate market is
severely depressed. Dropping home values cause lower valuation for taxable revenue. We request
a match waiver until such a time as we can stabilize our local economic base and gain sound fiscal
footing. Though we are expected to maintain vital law enforcement services our cuts will effect
service delivery. Our unique location creates undue pressure and socio-economic disparity in our
population and our ability to deliver services. Along with a seasonal population density from tourist
visitors, our service departments like sheriff's services and social services are under great strain to
maintain quality delivery. Our higher than average social concerns as compared to the state as a
whole also create a great dichotomy in the standard of living for our citizens and tax base. We need
this waiver.
Signature: ____________________________________
Page 10
51
1/31/2011
Page 11 of 16
Certifications
X
X
which is dated
05/06/2002
(Office)
(Name)
Elizabeth Reilly
(Title)
(Address)
(Telephone) 252-475-5823
X
X
Page 11
52
1/31/2011
Page 12 of 16
X
X
shall initial here
and/or will be
held annually on
X
Paul LaChance
Brandy Dolby
Misty Brown, Lead
Frances Battle
Maria Fryer
Craig Turner, Lead
Wesley Clark
Navin Puri
Page 12
53
1/31/2011
Page 13 of 16
Project Director
Name:
Charlie Nieman
Title:
Lieutenant
Agency:
Address:
Phone:
(252) 475-5980
P.O. Box 757
Manteo, NC 27954-0757
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
Yes
No
Financial Officer
Name:
Dave Clawson
Title:
Finance Officer
Agency:
County of Dare
Address:
P.O. Drawer 1000
Phone:
(252) 475-5731
Manteo, NC 27954
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
Yes
No
Name:
J. Douglas Doughtie
Title:
Sheriff
Agency:
County of Dare
Address:
P.O. Drawer 1000
Phone:
(252) 475-5000
Manteo, NC 27954-
Signature:
Bonded:
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯
*NOTES:
Yes
No
54
1/31/2011
Page 14 of 16
Page 13
55
1/31/2011
Page 15 of 16
1/31/11
RECEIPT
!!! IMPORTANT !!!
you will receive.
MAILING INFORMATION
ATTN: ARIE DAVIS
RALEIGH NC 27609
REVISIONS
Page 14
56
1/31/2011
Page 16 of 16
57
1/31/2011
GEM Center's Dementia Survey Results
Description
Mr. Green and Ms. Sonnesso will present the results of The GEM Center’s Survey to determine the level of
general knowledge among Dare County Citizens of dementia.
Item Presenter
Robert Green, Ph.D & Gail Sonnesso, MS
Dare County Support for GEM to provide training for Care partners and professionals of people with
dementia.
58
The GEM Center
PO Box 3601, Kill Devil Hills, NC 27948
_____ PH: 252.480.3354 * Fax: 480-2798
“Celebrating Life Every Day”_______________
“Caring Effectively”
“It takes more that LOVE and Good Intentions to care for a loved one with dementia!”
Learn powerful interventions that will enable you to provide Effective Care!
Session
One:
Tuesday
Feb. 15th
Sapphire (no Dementia) Implications of Caregiving & Understanding AD
Welcome (Gail Sonnesso, MS)
Mild Cognitive Impairment learn that dementia is a progressive disease with
stages that you need to recognize as family caregiver or professional to
provide effective care
Best Care DVD #1 - The Alzheimer’s Project “the Memory Loss Tapes”
Session
Two:
Tuesday
Feb. 22
Diamond (level Five) Communications Skills
Interacting with a person with dementia and with other family members.
Guest speaker (Ron DeVeau, P.C.) & Lisa Levine ALZNC?
Recognizing the First stages and leaning effective communication skills.
The Alzheimer’s Project “the Memory Loss Tapes”
ALZ Disease …Waves of Stone –GlaxoWellcome (1996)DVD
Session
Three:
Tuesday
MAR. 1
Emerald (Level Four) Offering assistance
Communicating successfully with the person with dementia /understanding
the progression of the disease
( Dr. Haresch OneFamilyDoctor)
Learn to recognize the Middles stages
Best Care DVD #2- The Alzheimer’s Project “the Memory Loss Tapes”
Session
Four:
Tuesday
MAR. 8
Amber (Level three) Avoiding Problem Behavior &Creating Meaningful Days
Guest speaker (Family Caregivers Jane Smallwood& Rita Carson)
Middle stages
Best Care DVD# 3- The Alzheimer’s Project “the Memory Loss Tapes”
No Class
MAR 15th
No Class
MAR 15th
Session
Five:
Tuesday
MAR. 22
Ruby (level two)
Are Medications Helpful /Harmful/the only Answer?
GEM STAFF (Kelsey Griggs & Danielle Blake)
Best Care DVD #4
Behavior –Yours, Mine and Ours
Examples of behavioral interventions that WORK
Session
Six:
Tuesday
MAR. 29
Pearl( Level one)
When to add additional layers of care
Danielle Cross Community Educator-Community Home Care & Hospice)
How to recognize “Effective Care” Steps to “choosing a caregiver”
Resources available in our community
59
2
7-9PM at Holy Redeemer by the Sea February 15– March 29, 2011
Caring Effectively for a person with dementia is presented in two (2) hour sessions
over Six weeks
Welcome to THE GEM Center’s training for families and professionals caring for a person with
Alzheimer’s disease or another dementia.
This program was developed by Gail Sonnesso, Ms. Susan Firman retired nurse educator; and
Lynda Hester family caregiver and retired trainer for the US Coast Guard. The DVD was created
by the Eastern Chapter of the Alzheimer’s Association.
Caregiving for family member may be provided if necessary.
To register please contact Gail Sonnesso, MS @ 252-480-3354 or her cell 207-2083
1. *There is a fee ($15.00) for each participant to cover the cost of notebook and materials
2. A certificate that certifies that you have successfully completed the course of “Providing
the BEST CARE for people with dementia” is available from ALZNC for a fee of $10.00
3. If you would like to observe effective caregiving a practicum is offered at the GEM Center
in conjunction with this course, please let Gail know and a time will be arranged.
4. Guest speakers will offer insights into the role of family and professional caregiving.
________________________________________________________________________
Registration
Name: ______________________________________
Address: ______________________________________________________________
Phone: ______________________/Cell: ___________________
Email: __________________________
I am a Family Care Partner: ___________ / Professional Care Partner: _______
I am a Church member interested in helping families through this difficult disease: ___
I would/would not like to receive the Certificate of “Providing the Best Care” from ALZNC.
I learned about this class:
Newspaper: __/Church Newsletter: __ /Friend: __ / GEM’s Respite Report: _____ / other: __________
Received: $15 for notebook _________/ $10 for Best Care Certificate ________
Visit our website: www.thegemcenter.org or e-mail ([email protected])
Our Mission
“GEM Delivers dementia care, education and support with love and expertise.”
60
Economic Improvement Council, Inc. Presentation
Description
Ms. Janie White, CSBG Director, will appear before the Board in order to present an overview of the
Community Services Block Grant Program.
Item Presenter
Janie White, CSBG Director
None
61
County of Dare, North Carolina
Board Adopted 9/4/07
TRAVEL POLICY
1.0
PURPOSE
The purpose of this policy is to establish procedures for the approval of travel by County
employees and elected and appointed officials for the purpose of conducting County
business, the reimbursement of the cost of approved ordinary and necessary travel
expenses, and meeting “accountable plan” requirements of the Internal Revenue Service.
The County is committed to managing travel costs while providing a reasonable balance
between the needs of the County and the needs of the traveler. The policy of the County
is to reimburse the employee/official traveling on authorized County business for all
legitimate expenses incurred. The Department Head or his/her designee is responsible for
monitoring the need for the travel, the availability of budgeted funds and ensuring that
the cost of travel to the County is reasonable.
2.0
APPLICABILITY OF POLICY, DEFINITIONS AND GUIDELINES
2.1
Applicability of travel policy
2.1.1 All employees and officials of the County are subject to this policy.
2.2
Definitions
2.2.1 Approving party - individual authorized by this policy to approve or disapprove
cash advances and travel reimbursements.
2.2.2 Requesting party - County employee or official who will be reimbursed for travel
cost incurred while conducting County business.
2.2.3 Travel - travel between the normal job location and another location to conduct
County business. For elected officials other than the Sheriff and the Register of
Deeds, travel between their home or place or work and another location to
conduct County business.
2.2.4 Travel Advance Form - form (attachment #1) used to request a cash advance for
travel away from home.
2.2.5 Travel Form - form (attachment #2) used to request reimbursement of monthly
travel expenses.
2.2.6 Transportation cost- cost incurred for travel by automobile, taxi, rental cars, bus,
train or plane. It includes tolls, parking fees and tips for handling of baggage.
63
2.2.7 Subsistence cost - cost incurred during travel for meals and incidental expenses,
including tips and lodging. In order to claim subsistence the requesting party must
travel away from home.
2.2.8 Travel Away From Home - Travel away from home is when the requesting party’s
duties require them to be away from home substantially longer than an ordinary
day’s work and they need to sleep or rest to meet the demands of work while
away from home. (Definition per IRS Publication 463 or its successor.)
2.3
Guidelines
2.3.1 Travel approval.
a. For all travel, other than travel by a Department Head, the County Manager and
elected County officials, the Department Head is approving party.
b. For travel by Department Heads, the County Attorney and the Clerk to the Board
of Commissioners, the County Manager is the approving party.
c. Travel expenses of the County Manager and Board members will be reviewed by
the Finance Officer. Any questionable charges will be submitted to the Chairman
for disposition.
d. Use of County automobiles (pool vehicles) is encouraged. A reservation for use of
a pool car must be made with Public Works. (See section 3.2.2)
e. The only costs authorized to be reimbursable to a Board member elect, Sheriff
elect or Register of Deeds elect are the costs of registration, attendance,
subsistence and travel to and from the School for New County Commissioners or
those costs associated with any activity that is specifically authorized by the
current Chairman.
f. Any travel by an employee outside of the continental United States must be
approved prior to the making of any reservations and the payment of any
registrations, travel advances or travel costs. The County Manager must be
approved by the Chairman of the Board of County Commissioners. All other
employees must be approved by the County Manager. Approval may be made in
writing or by electronic mail.
2.3.2 Arrangements, accommodations, & travel advances.
a. All travel costs will be paid directly by the requesting party, and will not be billed
to the County, except those persons authorized to use corporate credit cards and
except those who received travel advances pursuant to Paragraph 2.3.2e. Those
positions currently authorized for corporate credit card use are the Board of
64
Commissioners, the County Manager, the County Attorney, the Finance Director,
and the Public Relations Officer.
b. The following positions are approved to use County purchasing cards for hotel
costs when traveling, based upon frequency of travel: the Health Director, the
Planning Director, the Social Services Director, the Sheriff, and the Water
Director.
c. Any unusual travel arrangements should be approved by the approving party per
section 2.3.1.
d. The requesting party is encouraged to travel with other employees and officials of
the County and representatives of other government units when possible.
e. Travel advances will be issued only with the approval of a Department Head or
the County Manager. Advances will be requested on a ‘Travel Advance Form’
which will be submitted to the Finance Office no later than 5 working days prior
to the date the check for the travel advance is needed. The travel advance may not
exceed the estimated travel cost. All travel advances must be reconciled with
actual costs by submitting a ‘Travel Form’. If actual costs were less than the
amount of the travel advance, the difference is to be returned to the County with
the Travel Form. Any excess travel advances that are not returned to the County
will be deducted from subsequent pay check and shall subject the employee to
further discipline. (See section 5.1.1)
3.0
TRANSPORTATION
3.1 Reimbursable costs
3.1.1 a. All necessary bus, train, and air transportation will be obtained at the most
economical rate available. Reimbursements will be made for actual costs incurred
and supported by a receipt. The cost of travel to and from the normal job location
or the personal residence of the requesting party and the point of departure/arrival
is a reimbursable cost. This may include the costs of taxi service and parking fees.
b. Where travel includes both business and personal travel, only the county
business portions shall be reimbursable. Where possible the county business
portion of the travel expense should be documented with a separate receipt that
does not include the personal travel expense. Where the receipt for travel that
includes both personal and business travel is a lump sum receipt and the personal
travel cannot be distinguished from the receipt, other documentation satisfactory
to the County Finance Director shall be submitted for the County business portion
of the travel.. Such “other documentation” submitted for airline tickets or other
modes of travel shall be obtained contemporaneous to the booking of the travel,
with the same airline or carrier, for the same date, place and substantially same
65
time of departure, “Other documentation” may include quotes from a
recognized travel website (Travelocity, Expedia, etc.), the airline, or a travel
agent, indicating the cost of a ticket from the departing airport to the destination
for the business portion of the travel and that amount is reimbursable.
3.2 Vehicles
3.2.1 Personal automobile - A requesting party may use his/her personal automobile for
travel and be reimbursed at the current mileage reimbursement rate. The current
mileage reimbursement rate as of each July 1 will be the Internal Revenue Service
‘standard mileage rate’ as of the preceding January 1. Employees using their own
vehicle for County business are responsible for maintaining their own automobile
liability insurance which will provide primary coverage. The County’s automobile
liability insurance is secondary to the owner’s and no automobile physical
damage coverage is provided by the County’s policy. The use of County ‘pool’
vehicles is encouraged. (See section 3.2.2)
3.2.2 Unit vehicles - County ‘pool’ automobiles may be used for any authorized travel
and when used are considered to be a working condition fringe benefit. The
requesting party must obey all laws of the jurisdiction in which the automobile is
being operated. The automobile will be used for the purpose of conducting
County business only and in such case the County’s automobile liability and
physical damage insurance coverage is primary. A de minimis amount of personal
use, such as driving the automobile to and from meals, will be allowed. Noncounty employees may accompany County employees if they have a business
interest in the travel. Spouses and children of County employees may accompany
them in County-owned vehicles if space is available and the trip is strictly for
official County business.
3.2.3 Rental vehicles - A rental automobile will be used when it is determined that no
other mode of transportation is as economical or practical. Receipts must be
submitted with travel reimbursement requests. Automobile collision and liability
coverage the County maintains through the NC Association of County
Commissioners Insurance Pool covers rental vehicles. Insurance coverage offered
by the rental company should be declined. The employee shall contact the
County’s Risk Manager (Finance Department) to obtain automobile insurance
policy information prior to travel.
3.2.4 Gasoline reimbursement- The cost of gasoline in a personal vehicle is not a
reimbursable expense and shall not be charged on a County credit card or
purchasing card. The cost of gasoline when traveling in a County vehicle is
reimbursable and may be charged on a County credit card or purchasing card.
The only reimbursement for vehicle expenses for county travel in a personal
vehicle shall be the mileage reimbursement as provided in Paragraph 3.2.1
66
3.3
Local Transportation
3.3.1 Local transportation costs incurred for county business related purposes while on
out-of-town business will be reimbursed either at the standard mileage rate
(personal vehicle) or for actual costs (taxi, etc.). Receipts are to be obtained when
possible, and submitted with travel reimbursement requests.
4.0
SUBSISTENCE
4.1 Lodging
4.1.1 Lodging cost will be reimbursed at the actual amount incurred. Receipts for
lodging costs must be submitted with travel reimbursement requests. The
reimbursable lodging rate is limited to the available single room rate when an
employee or official is traveling with his/her spouse and children. Lodging costs
should be reasonably priced in relation to the area. The individual should take
advantage of any convention or negotiated rates. If an activity is being held at a
hotel, the individual may select that hotel for lodging.
4.2 Meals
4.2.1 A meal and incidental expense per diem allowance will be used for each day of
travel away from home (section 2.2.8). The meal and incidental expense per diem
allowance, excluding tips, is the amount allowed per day by IRS Publication 1542
(CONUS Meals and Incidental Expense rate), unless travel is in a high cost area
as defined by the current version of IRS Publication 1542. In that case the per
diem rate will be that currently allowed per Publication 1542 or its successor. The
Finance Director shall notify all departments of the per diem rate prior to each
July 1, and shall post an electronic copy of IRS Publication 1542 on the County’s
intranet site.
4.2.2 A Board member, the County Manager or a Department Head may, for a business
purpose, pay the expense of a meal for him or herself and for another employee,
Department Head or Board member or for a business associate. The actual cost of
such a meal will be reimbursed to the requesting party with the attachment of a
receipt and the approval required by section 2.3.1. The receipt shall include a
statement indicating the purpose of the meal and the names of those whose meal
costs are reflected on the receipt.
4.2.3 The meal and incidental expense per diem allowance will be prorated for partial
days of travel. The daily per diem will be reduced for meal periods which the
requesting party is not out of town or
in transit and will be reduced by 20%
for a breakfast, 25% for a lunch or 55% for a dinner.
For travel with an overnight stay, employees and officials may receive allowances
67
for meals for partial days of travel when the partial day is the day of departure or
the day of return:
Day of departure:
Breakfast Depart prior to 7:00 a.m.
Lunch
Depart prior to 11:00 a.m. (day of departure)
Day of return:
Lunch
- Leave so that their return occurs after 2:00 p.m.
Dinner
- Leave so that their return occurs after 6:00 p.m.
For travel with no overnight stay, to be eligible for meal allowances for breakfast
or dinner, individuals must:
Breakfast - Depart prior to 6:30 a.m. and extend the normal workday by
two hours.
Dinner
- Return after 7:00 p.m. and extend the normal workday by two
hours.
4.2.4 Where the cost of a meals is paid by another or is provided at a conference or
event at no cost or as apart of the registration fee, no reimbursement or per diem shall be paid for
such meals and such meals shall not be charged on a County credit card or purchasing card.
Where meals are provided at a convention or event at an additional cost, the employee or official
may elect to either include the cost for the convention or activity meal for reimbursement or to
forgo such meal and eat meals in compliance with the Dare County Travel Policy.
4.3 Other Costs
4.3.1 Long distance personal telephone calls - The reimbursement of receipt supported,
reasonable "safe arrival" or change of plans telephone calls will be allowed. The
use of State ‘Watts’ calling cards by eligible employees and officials is
encouraged.
4.3.2 Long-distance calls made to conduct official business will be reimbursed. The use
of State ‘Watts’ calling cards by eligible employees and officials is encouraged.
4.3.3 A receipt supported registration fee for a convention or conference for County
business will be reimbursed. Employees and officials are encouraged to pay such
fees through Accounts Payable in the Finance Department.
4.3.4 Side trips or excursions offered as a part of a conference, convention, meeting or
activity, at an additional cost to the convention fee, are a reimbursable travel
expense if they are for a county business related purpose. Golf outings, sporting
events, and other such leisure type activities shall not be reimbursable. Side trips
or excursions which are not offered as a part of a convention, meeting or activity,
but are taken while attending such convention, activity or meeting and which are
for County business purposes, are reimbursable expenses. All receipts or requests
for reimbursement for County business related side trips or excursions shall
include a statement setting forth the business purpose of the trip or excursion.
68
4.3.5 The monthly travel stipend received by Board members is to be used for in county
vehicle travel expenses for county business purposes in lieu of submitting monthly mileage
reimbursement requests. The monthly travel stipend is also to be used to pay the cost of in
county meals for county business purposes. The costs of meals at an event sponsored by Dare
County, an event or meeting in the county to which a Board member has been invited to attend,
and meals associated with the visit of dignitaries are reimbursable as provided in the Dare
County Travel policy are not a part of the stipend.. Meals or snacks provided as part of monthly
Board of Commissioners meetings are not a part of the travel stipend and when such meals or
snacks are provided they are County expenses.
5.0
REIMBURSEMENT PROCEDURES
5.1 Submitting expense reports
5.1.1 A requesting party will complete a travel reimbursement request (‘Travel Form’ attachment #2) and attach required receipts for expenses. A Travel Form will be
prepared for each month and will be fully completed including the description
column noting travel from and to and the purpose. Travel Forms must be
submitted monthly to the Finance Office by the fifth working day after the month
of travel unless otherwise permitted by the Manager or Finance Director
5.1.2 The amount of any outstanding travel advance will be deducted from
reimbursable costs. Travel advance amounts greater than actual reimbursable
expenses must be reimbursed to the Finance Department with the submission of
the reconciling Travel Form. If not reimbursed to the Finance Department within
60 days of the date of incurrence of the related expense, the amount of the travel
advance greater than actual reimbursable expenses will be treated as paid under a
'non accountable plan’ and will be included as income on the requesting party’s
annual W-2.
5.1.3 The Personnel Department will include in its procedures for final paychecks,
section D-6 4.3 of the Dare County Personnel Ordinance, verification that any and
all travel advances have been properly reconciled by the terminating employee.
5.2
Approval and processing of reimbursement requests
5.2.1 Travel reimbursement requests will be submitted to the appropriate party (per
section 2.3.1) for approval. After approval, the travel form should be forwarded to
the County Finance Office.
5.2.2 The Finance Officer or his/her designee will determine that the travel
reimbursement request has been properly approved, that it is mathematically
correct, and that requested reimbursements are supported by submitted receipts
and are within the limits set by this policy. If an error in the reimbursement
request is found, the requesting party will be informed and the error will be
corrected before payment is made.
69
5.3
Other
5.3.1 Where an employee or county elected official is appointed to a board,
commission, agency, committee or other similar body (the Body) by virtue of the
appointee being an elected county official or a member of Dare County staff,
travel related to the meetings of the Body shall be governed by this travel policy.
Where the expenses of such travel are reimbursed by the Body, they shall not be
reimbursed by the County. Travel expenses allowed under the Dare County travel
policy which exceed the amounts to be reimbursed by the Body are reimbursable
by the County as provided herein. Upon appointment to the Body, the appointed
person shall determine the travel reimbursement policy of the Body and so advise
the Dare County Finance Director. If the Body reimburses for travel expenses the
appointed person shall submit to the Body, all required documentation to receive
such reimbursement. To the extent that the County has advanced expenses
reimbursable by the Body, any reimbursement received from the Body for such
expenses shall be paid to the County. Failure to seek reimbursement for a
reimbursable expense from the Body shall result in that expense being treated as a
non reimbursable expense by the County and any advances made by the County
for such expense shall be reimbursed to County by the appointed person.
Dareserver/FinShared/share/policy/travel policy
Revised 9/4/2007
Revised 2/ /2011
70
Draft Wind Energy Regulations for Unincorporated Dare County
Description
For several months, the Planning Board and staff have been working on drafting regulations to address the
location and construction of wind energy devices and facilities in unincorporated Dare County. The draft set
of regulations and amendments to the Zoning Ordinance will be presented to the Board of Commissioners for
their initial consideration and feedback to staff.
Item Presenter
Donna Creef, Planning Director
Consideration of draft regulations
71
January 27, 2011
MEMORANDUM
TO:
Dare County Board of Commissioners
FROM:
Donna Creef, Planning Director
RE:
Draft Wind Energy Regulations
For several months now, the Dare County Planning Board and Planning staff have been working
to develop a set of regulations to address the placement and construction of wind energy devices
in unincorporated Dare County. At their January 10 meeting, the Planning Board endorsed two
documents to address wind energy devices. These two drafts are attached with this staff
summary for the Board’s review and consideration. The first document is a comprehensive set
of regulations to address the permanent placement and construction of wind energy devices in
Dare County that, if adopted, would apply to the zoned areas of unincorporated Dare County.
The second document is a proposed amendment to Section 22-29 of the Zoning Ordinance which
establishes procedures for height variances for temporary prototype wind energy devices. An
amendment to Section 22-29 has been drafted in response to the recent discussions on the
placement of temporary prototypes to study wind in unincorporated Dare County.
A public input session was conducted by the Planning Board at their December 2010 meeting
and several people presented comments. All of the speakers were generally in support of wind
energy and the placement of such devices in unincorporated Dare County but acknowledged that
aesthetics and noise may be issues especially in residentially zoned areas. In light of these
comments, the draft ordinance recommended by the Planning Board is more restrictive than
other ordinances that have been adopted in Currituck County, Camden County and other
northeastern counties. These neighboring counties have adopted local ordinances based on a
model ordinance prepared by the North Carolina Wind Working Group. The model ordinance
prepared by this group allows accessory wind energy devices in residential districts and landbased utility scales farms in commercial and industrial districts. I have copies of the model
ordinance and ordinances from several other counties if any of the Board members are interested
in seeing these documents.
A summary of the draft ordinance, as recommended by the Planning Board, is below:
1. Structure-mounted wind energy devices are permitted in all districts not to exceed the
applicable building height of the zoning district. These devices would be subject to
approval by the Planning staff upon submission of engineering data that may be required by
the building inspector and verification of the building height.
72
2. Accessory-wind energy devices are defined as a system with a rated capacity of not more
than 100 kilowatts (kW) designed to supplement other electricity sources as an accessory use
to existing buildings or facilities, wherein the power generated is used primarily for on-site
consumption by a structure or structures located on the same property. The draft
regulations limit these devices to a maximum height of 100 feet and cannot be constructed in
residentially zoned districts.
The wind energy industry advises local governments that
minimum lot sizes and height limits are not necessary if appropriate setbacks are established
for wind energy devices. The draft regulations do not include a minimum lot size but do
include a maximum height limit. The Planning Board felt it was prudent to include a height
limit in addition to the setbacks. Setbacks from property lines are set at 1.1 times the device
height. Accessory wind energy devices may be located in commercial, S-1, or industrial
zoned districts of unincorporated Dare County under this draft version of the regulations.
Approval of an accessory wind energy device would be subject to conditional use review by
the Board of Commissioners.
3. The smaller, vertical-axis devices that are currently being marketed locally (referred to as
“wind-spires”) are designed to be constructed at maximum heights of 30 feet or so which is
below most residential building heights. These devices would be considered as accessorywind energy devices and limited to commercial, industrial, or S-1 zoned areas.
4. Land-based wind energy generating facilities are not permitted. Support facilities such as
transmission lines, generators, etc for off-shore wind energy facilities may be located in
commercial, industrial, or S-1 zoned areas.
5. The draft regulations address the location of temporary prototype devices with a reference to
Section 22-29 for height variances. Height variances are subject to approval by the Zoning
Board of Adjustment according to Section 22-29. The draft language proposed for
amendment to Section 22-29 has been written to correspond with the restrictions of
comprehensive set of regulations-- 100 feet height limit and not to be located in residential
zones.
These draft regulations are being submitted for the Board’s initial consideration and are designed
to serve as a starting point for the Board’s discussion and to provide feedback to the staff.
As
I stated earlier, the draft regulations are restrictive to reflect concerns about their location in
residential settings relative to noise impacts and visual impacts. The draft regulations may
prove to be more restrictive than intended and can be revised as needed based on input from the
Board.
The proposed amendment to Section 22-29 for temporary prototypes can be
processed separately if that is the intent of the Board. All of the regulations will need to be
advertised for public hearing before adoption by the Board of Commissioners. With the recent
interest in the placement of a test prototype, the proposed amendment to Section 22-29 can be
scheduled for public hearing while the Board continues to study the more comprehensive set of
regulations for permanent wind energy systems.
73
Planning Board Recommendation
Dare County Wind Energy Systems
The intent of these regulations is to provide for the construction and operation of wind energy
systems in all zoned areas of unincorporated Dare County, subject to reasonable conditions that
will protect the environment, public health, safety and welfare, and without significantly
increasing the cost or decreasing the efficiency of a wind energy system.
Definitions
Accessory use structure – a structure that is subordinate to the principal use structure in both size
and function.
Environmental Assessment – a comprehensive evaluation of a proposed wind energy facility and
its potential environmental impacts on the local setting with an emphasis on (avoiding) minimizing
or mitigating adverse impacts.
Facility Operator – the person or entity responsible for the day-to-day operation and maintenance
of the Wind Energy Facility.
Facility Owner – the person or entity having controlling or majority equity interest in a wind
energy facility including their respective successors and assigns.
Land –based support facilities -- those improvements necessary for the transmission of wind
energy that is being produced and delivered from an off-shore water based wind energy
generating facility.
Non-participating property owner – any property owner not under agreement with the facility
owner or facility operator.
Participating property owner – a property owner under lease or other property agreements with
the facility owner or facility operator.
Principal use structure – a structure that is serves as or contains the principal use or activities of
the lot on which it is located.
Structure-mounted wind energy devices – a wind energy device that is mounted on and totally
supported by a structure in order to provide wind generated power to the building.
Setback – an area of separation measured in terms of linear feet from the center of the base of
any wind energy device to the property line or right-of-way or the nearest portion of any
structure.
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74
Shadow flicker – the visible flicker effect of rotating wind turbine blades casting a shadow on the
ground and nearby structures causing the repeating pattern of light and shadow.
Tower – a monopole, free standing, or guyed structure that supports a wind energy generator and
other mechanical equipment.
Wind energy device – a device that is designed for use to capture and convert wind into electricity
such as wind turbines or other similar wind conversion devices.
Small Accessory Wind Energy Device– a system with a rated capacity of not more than 100
kilowatts (kW) designed to supplement other electricity sources as an accessory use to existing
buildings or facilities, wherein the power generated is used primarily for on-site consumption by a
structure or structures located on the same property.
Wind turbine – a wind energy conversion device that converts wind energy through the use of a
wind turbine generator and may include a nacelle, rotor, tower, guy wires, and pad transformer.
Vertical axis wind turbine – a wind turbine that rotates on a vertical axis with blades forming a
spiral or helical shape.
Wind turbine height – the distance measured from natural grade at the center of the tower to the
highest point of the turbine rotor or tip of the turbine blade when the blade reaches its highest
elevation or the highest point of the tower on vertical axis wind turbine.
Wind Energy Generating Facility – an energy facility that consists of one or more wind energy
devices and their related or supporting facilities whose purpose is to generate electric power from
wind that is fed into a power grid for sale.
Off-shore wind energy generating facility – a wind energy system consisting of one or more wind
energy devices that are used for the conversion of wind to another form of energy and distributed
off-site to a customer or customers in which the wind energy devices are located in the estuarine
waters of Dare County.
A. Zoning District Use Matrix
The zoning use matrix illustrates the various zoning districts in unincorporated Dare County and
which wind energy devices may be permitted in these districts.
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75
Zoning
Structure-Mounted as
Small accessory wind energy
District
permitted use
device as conditional use
NH
YES
NO
CPR
YES
NO
RS-1
YES
NO
MP-1
YES
NO
RS-6
YES
NO
RS-8
YES
NO
RS-10
YES
NO
R-1
YES
NO
R-1A
YES
NO
R-2
YES
NO
R-2A
YES
NO
R-2B
YES
NO
R-2H
YES
NO
R2-AH
YES
NO
R-3
YES
NO
R-4
YES
NO
SP-2
YES
NO
MH-A
YES
NO
MH-B
YES
YES
C-1
YES
YES
SP-C
YES
YES
SNC
YES
YES
C-2
YES
YES
C-2H
YES
YES
C-3
YES
YES
CS
YES
YES
I-1
YES
YES
S-1
YES
YES
VC
YES
YES
VC-2
YES
YES
SED-1
YES
NO
VR
YES
NO
WR-1
YES
NO
BT
YES
NO
RB
YES
YES*
NC
YES
YES*
HML
YES
YES*
WVC
YES
YES*
MC-2
YES
YES*
MC-1
YES
YES*
H345
YES
YES
WSIP
YES
YES
*only associated with an on-site business use
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76
Land-based support for offshore as conditional use
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
No
NO
NO
NO
NO
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
NO
NO
NO
NO
NO
NO
NO
NO
YES
YES
YES
YES
B. Structure-Mounted Wind Energy Devices
Structure-mounted wind energy devices may be authorized for use by the Dare County Planning
Department provided that such devices do not exceed the applicable building height as
established in the Dare County Zoning Ordinance.
1. For the purposes of determining conformity with this subsection, the overall height shall be
calculated from the area of placement on the structure to the highest point of the structuremounted device measured from the center of its base to the outer edge of its casing or tip of its
rotor, whichever is greatest. A building height certification prepared by a licensed North Carolina
surveyor, engineer or architect may be required to demonstrate compliance with these standards.
2. Structure-mounted wind energy devices may be located in any zoning district of
unincorporated Dare County. These standards do not supersede any restrictive covenant or deed
restriction that may apply to a lot that may prohibit wind energy devices.
3. The installation of such devices shall conform to all applicable local, state and federal codes
including maximum hurricane wind zone requirements as established in the NC State building
code. Engineering data to determine conformance with all applicable codes shall be submitted to
the Dare County building inspector at the time a building permit application is submitted.
4. Only one structure-mounted device may be permitted for each structure on an individual parcel
or lot.
C. Small Accessory Wind Energy Devices
1. Small accessory wind energy devices may be authorized for use by the Dare County Board of
Commissioners as conditional uses provided all of the following conditions are met:
a. The wind energy device shall be setback from all property lines, public right-of-ways, and
public utility lines a distance equal to 1.1 times the total height of the small accessory wind
energy device. Setbacks from any accessory use structure located on the site shall be
equal to ½ (one-half) of the total height of the accessory wind energy facility.
b. Small accessory wind energy devices may be located on adjoining lots owned by the
same individual provided that all applicable setbacks can be maintained.
c. Maximum height shall not exceed 100 feet measured at the natural grade at the center
of the device to the highest point of the device or the highest tip of the rotor blades when
the blade reaches its highest elevation.
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77
d. Only one small accessory wind energy device may be permitted on an individual parcel
or lot. The wind energy device shall not be located on any pier or dock that extends over a
waterbody or in wetland areas. These standards do not supersede any restrictive covenant
or deed restriction that may apply to a property.
e. If proposed for location on a lot with an existing residential use, then the small accessory
wind energy device shall be located in the rear yard area of the lot.
f. Any small accessory wind energy device shall conform to all applicable local, state, and
federal codes including the hurricane wind zone requirements as established in the NC
Building Code. Engineering data to determine conformance with all applicable codes shall
be submitted to the Dare County building inspector at the time a building permit
application is submitted.
g. All moving parts of a small accessory wind energy device authorized in this subsection
shall be at constructed at least 10 feet above ground to prevent injury or be constructed
with factory-installed shielding to prevent injury.
h. No lighting (unless required by FAA regulations), advertising, or signage of any kind shall
be permitted on any small accessory wind energy device.
i. If the proposed small accessory wind energy device is located within the Dare County
Regional Airport Overly Zone, written approval from the Dare County Airport Authority is
required.
j. The small accessory wind energy device and all associated support equipment and
buildings shall be of neutral colors such as white, off-white or gray.
k. The small accessory wind energy device shall be removed within 90 days if the wind
energy device becomes non-functioning or if no electricity is generated by the device for a
continuous period of 180 days.
l. Any climbing foot pegs or rungs below 12 feet of a freestanding tower shall be removed
to prevent unauthorized climbing. For lattice or guyed towers, sheets of metal or wood
may be fastened to the bottom tower section such that it cannot readily be climbed.
m. An audible sound study of the proposed site of the wind energy generating site shall be
conducted to determine ambient noise levels at the site. Audible sounds from a wind
energy device shall not exceed fifty-five (55) decibels for more than 30 consecutive minutes
as measured at the property line of the wind energy device site.
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78
n. All wind energy devices shall an automatic braking or governing system to prevent
uncontrollable rotation, over-speeding and excessive pressure on the tower structure,
rotor blades, and turbine components.
2. Site Plan Review requirements
a. An application for any small wind energy device as detailed in Section C shall be
submitted to Dare County for review by the Dare County Board of Commissioners as a
conditional use according to the procedures established in Section 22-68 of the Dare
County Zoning Ordinance.
b. Documents: The wind energy device application shall be accompanied by a plot plan
which includes the following:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
A narrative describing the proposed wind energy system, including an overview
of the project
Property lines and physical dimensions of the property
Location, dimensions, and types of existing major structures on the property
Location of the proposed wind system tower
The right-of-way of any public road that is contiguous with the property
Any overhead utility lines
Wind system specifications, including manufacturer and model, rotor diameter,
tower height, tower type (freestanding or guyed), and proposed total rated
capacity of the system
Tower foundation blueprints or drawings
Tower blueprints or drawings and/or photographs
Certification of compliance with applicable local, state, and Federal regulations,
such as FAA and FCC regulations
Data from the wind energy device manufacturer that certifies the maximum
decibel level for the device. Wind energy devices that exceed 55 decibels
detectable at adjacent property lines shall not be authorized for use.
Decommissioning plans that describe the anticipated life of the wind power
project, the estimated decommissioning costs in current dollars, the method for
ensuring that funds will be available for decommissioning and restoration, and
the anticipated manner in which the wind power project will be
decommissioned and the site restored
6
79
xiii.
xiv.
Other relevant information as may be reasonably requested by Dare County to
ensure compliance with this ordinance
Signature of the applicant
c.
Notice of the proposed wind energy device shall be mailed by first class mail to all
abutting property owners upon submission of the site plan and scheduling of the
conditional use application for review.
D. Wind Energy Generating Facilities
Off-shore wind energy generating facilities may be located in the ocean or estuarine waters of
unincorporated Dare County and shall be located a minimum of 7 miles off-shore from any land
area in unincorporated Dare County. Wind energy generating facilities that are proposed to be
located entirely on land in unincorporated Dare County or on an island located within the zoning
jurisdiction of unincorporated Dare County are not permitted. However, land-based support
facilities and equipment associated with the delivery of off-shore wind energy generating facilities
may be located in commercial zoning districts according to the table in section A.
Land-based or off-shore prototype wind turbines for the study of offshore wind energy generating
facilities, may be constructed within unincorporated Dare County on a temporary basis provided
the prototypes meet the requirements as stated in the Dare County Zoning Ordinance Section 2229 subject to authorization by the Dare County Board of Adjustment. Any off-shore prototypes
shall be located a minimum of 3 miles from any land.
For off-shore wind energy generating facilities, detailed plans for the facilities shall be submitted
to the Dare County Board of Commissioners for review as a conditional use according to the
provisions of Section 22-68 of the Dare County Zoning Ordinance and may be approved only if the
following conditions are met:
1. The wind energy generating facility will be used to supply Dare County residents with
electricity.
2. An environmental assessment has been completed that includes comments from all applicable
state and federal agencies. The environmental assessment shall address, at a minimum, the
potential impacts on the human population (such as noise, shadow flicker) impacts on view
corridors, impacts on animal and fish populations if applicable; water resources; and air resources.
3. A site plan for any land-based support facilities associated with the delivery and transmission
of wind energy from the off-shore facility depicting property lines, above-ground public utility
lines, roads or access easements, existing and proposed improvements. The site plan shall be
prepared by a licensed North Carolina engineer or land surveyor. Notice of the site plan review
7
80
shall be mailed by first calls mail to all abutting property owners of the proposed site upon
submission of the site plan and scheduling for conditional use permit review.
4. A narrative description of the proposed wind energy generating facility including the proposed
total rated capacity of the wind energy generating facility; the specific number, representative
types and heights or range of heights of wind energy devices to be constructed; dimensions and
heights; manufacturers, and a description of supporting and ancillary facilities.
5. A project visibility report showing the impacts of the proposed wind energy generating facility
from other locations within a radius 7 miles from the center of the project. The base map of the
visibility report shall be a topographic map showing man-made features such as roads and
buildings.
6. Landscaping plan depicting proposed buffers of all support facilities on the property.
7. Certification of compliance, if applicable, with Federal Aviation Administration and Federal
Communication Commission regulations;
8. Other relevant reports, studies, or information as may be reasonably requested by Dare County
to ensure compliance with these regulations;
9. Decommissioning plans that describe the anticipated life of the wind energy facility, the
estimated decommissioning costs, the method for ensuring funds will be available to
decommissioning and restoration of the site, and a narrative description of how the
decommissioning will occur including a timetable for completion and restoration of the site.
10. Signed agreement between participating property owner for land-based support facilities and
the facility owner/operator of the proposed wind energy facility.
11. Dare County should be notified in writing of any changes to the information contained in the
permit application.
12. The installation and design of any wind energy generating facility shall conform to applicable
industry standards, including those of the American National Standards Institute, and take into
consideration local conditions.
13. All structural, electrical and mechanical components of any wind energy generating device and
associated land-based support facilities shall conform to relevant and applicable local, state and
national codes including NC hurricane wind zone requirements. This shall include the elevation of
any support equipment, substations, or accessory building associated with the wind energy
generating facility to the applicable minimum base flood elevation.
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81
14. Transmission lines shall, to the maximum extent possible, be placed underground.
15. Lighting improvements for off-shore wind energy generating facilities shall be as required by
the Federal Aviation Agency (FAA) and any other applicable authority that regulates air safety.
16. No display advertising (including flags, streamers, or other decorative devices) except for
identification of the turbine manufacturer, facility owner and facility operator and contact
information shall be placed on mounted on any wind energy device or land-based support facility.
This does not apply to any information plaques that may be required by a governmental agency or
utility company.
17. All wind energy devices and all associated support equipment and buildings shall be of neutral
colors such as white, off-white or gray and shall be non-reflective.
18. All wind energy devices shall have an automatic braking or governing system to prevent
uncontrollable rotation, over-speeding and excessive pressure on the tower structure, rotor
blades, and turbine components.
19. A maintenance plan shall be submitted that details a regular maintenance schedule for routine
and storm follow-up maintenance actions that will be taken to keep the wind energy generating
facility and land-based support facilities operating efficiently and non-polluting. Such plan should
detail the type of maintenance actions that are will be performed and include a section that
addresses storm maintenance activities. The Applicant shall conduct preventive maintenance
inspections on a January, April, July, October, and after any wind event defined as a tropical storm
or Category 1-5 Hurricane. Each inspection shall look for such things as metal fatigue, loose nuts,
and other potential failures that might impact the public health and safety, as well as the items
detailed in the Maintenance Plan. Such inspection reports shall be provided to the Planning
Director or designee within 30 (thirty) days of the inspection.
9
82
PB Recommendation
SECTION 22-29 - VARIANCES AS TO HEIGHT LIMITS (proposed new text in red)
a. In zoned areas of the County not affected by airport zoning enacted under Chapter 63 of the
General Statutes of North Carolina, the Board of Adjustment may vary the height limits of this chapter for
a church spire, belfry, cupola and dome or ornamental tower not intended for human occupancy,
monument, water tower, meteorological data tower, wind energy device, observation tower, transmission
tower, chimney, smokestack, conveyor, flagpole, radio or television tower, mast or aerial, parapet wall
not extended more than four feet above the roof line of the building and necessary mechanical
appurtenances; provided, that such variances will be in harmony with the general purpose and intent of
this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(11-20-75, art. 3, 3.11)
Any proposed meteorological data tower or wind energy device shall meet all of the following criteria:
1. The tower or wind energy device shall be temporary in nature.
2. The tower or wind energy device shall be permitted for a time period not to exceed 18 months in
duration from the date the variance is granted.
3. The tower or wind energy device shall be utilized solely for the purpose of gathering
meteorological data or wind energy test data.
4. The tower or wind energy device shall not be located closer than 200 feet to any residential
structure.
5. The total height of the tower or wind energy device shall not exceed 100 feet measured from the
foundation base of the structure to the highest portion of the structure.
6. Any tower or wind energy device and all associated components shall be dismantled and removed
from the site within 30 days of the expiration of the approval time period.
b. In residentially zoned areas of the County not affected by airport zoning enacted under Chapter
63 of the General Statutes of North Carolina, the Board of Adjustment may permit exceptions to the
height limits of this chapter for a church spire belfry, monument, water tower, observation tower,
meteorological data tower, transmission towers, chimney, smokestack, conveyor, flagpole, radio or
television tower, mast or aerial, parapet wall not extended more than four feet above the roof line of the
building and necessary mechanical appurtenances; provided that such exceptions will be in harmony with
the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare. (6-22-92)
Any proposed meteorological data tower shall meet all of the following criteria:
1. The tower shall be temporary in nature.
2. The tower shall be permitted for a time period not to exceed 18 months in duration from the date
the variance is granted.
3. The tower shall be utilized solely for the purpose of gathering meteorological data or wind energy
test data.
4. The tower shall not be located closer than 200 feet to any residential structure.
5. Any tower and all associated components shall be dismantled and removed from the site within
30 days of the expiration of the approval time period.
83
Item Summary: Lighthouse Christian Fellowship Church request for Late
Application for Property Tax Exemption on Vacant Parcels in Kitty Hawk
Part 1: Consideration of a letter from Lighthouse Christian Fellowship requesting
acceptance of a late application for property tax exemption on ten parcels for tax
year 2010.
Part 2: If the Board accepts the late application for good cause shown, then a
decision must be made to approve or deny the exemption application on the ten
parcels for 2010.
Included in this agenda item for the Board’s review are the following documents:
1)
2)
3)
4)
5)
6)
7)
Map showing prior and current parcels listed to Lighthouse Christian
Fellowship in Kitty Hawk
Subdivision Plat for Sand Hills Subdivision recorded on December 31,
2009
Restrictive Covenants for Sand Hills Subdivision recorded on January
4, 2010
Letter and Property Tax Exemption application dated December 14,
2010 from Lighthouse Christian Fellowship
Letter dated December 3, 2010 from Greta Skeen to Charles Evans
Letter dated October 22, 2010 from Charles Evans along with attached
letter dated October 20, 2010 from Lighthouse Christian Fellowship
North Carolina General Statute 105-278.3- Real and personal property
used for religious purposes
Lighthouse Christian Fellowship has a church located at 100 Beacon Drive in
Kitty Hawk. Prior to 2010, the church property was listed as a 9.89 acre parcel
(#010241-000) with the church building as an improvement. The property was
exempt from taxes as it was qualified due to ownership and use per NCGS 105278.3. On December 31, 2009, a plat was recorded splitting parcel 010241-000
into an eleven lot subdivision, with the church being located on Lot 11. (see
attachments 1 and 2)
The status of property on January 1 of each year determines its value and
taxable or exempt status for that year. The recordation of the eleven lot
subdivision caused the tax department to create ten vacant lots with a taxable
status for 2010, and change the size, but not the exempt status of the parcel
improved with the church building. Even though the ownership remained
Lighthouse Fellowship Church on all parcels, the use of the vacant properties
84
had changed from being a part of improved church property to residential
subdivision lots. The recorded restrictive covenants for the subdivision further
restrict the use of the lots, except for lot 11, to residential uses. (see attachment
3)
In order for a property to be considered for exemption, an exemption application
must be filed during the annual listing period, January 15 - February 15 for
exemption for that tax year. Lighthouse Christian Fellowship did not file for
exemption during the 2010 listing period, but did request prior to the end of the
calendar year, for the Board of Commissioners to consider accepting their late
application. Per N.C.G.S. 105-282.1 (a1) “Upon showing of good cause by the
applicant for failure to make a timely application…”, an application for exemption
may be considered by the Board of Commissioners for the calendar year in
which the late application is made. (see attachments 4, 5, and 6)
If the Board approves the untimely application for good cause shown, then a
separate decision will need to be made as to whether to approve or deny the
exemption application for 2010 on parcel #’s 010241-001 through -010. The
statutory reference, attachment 7, should be used to determine whether to
approve or deny the exemptions for 2010. If the Board denies the untimely
application, appeal of that decision can be made to the Property Tax
Commission. Likewise, if the Board approves the untimely application but denies
the exemptions, that decision can be appealed to the Property Tax Commission.
Because the properties are located within a municipality, the Town of Kitty Hawk
will make its own determination as to the exemption status.
85
28
A
B
27
1
B
27
1
6
26
2
26
2
6
5
25
3
25
3
5
10
10
4
3
9
RO
2
23
8
23
8
11
7
22
22
11
7
1
21
37
38
38
4
39
39
4
3
WA
Y
WA
Y
2
31
42
42
41
31
41
40
40
3
2
1
SE
OU
SE
OU
37
2010
Lighthouse Christian Fellowship Church
Tax Exempt Parcel # 010241-000
H
HT
LIG
H
HT
LIG
5
2010 Taxable Parcel #'s
010241-001 - 010
created
by recording
6
Sand Hills Subdivision,
December
2009
5
DR
IVE
21
2009 and Prior Years
Lighthouse Christian Fellowship Church
Tax Exempt Parcel #010241-000
6
2
RO
AD
AD
4
24
4
24
3
9
4
43
43
8
8
LAN
E
39
9
39
44
46
44
86
38
N
37
BE
AC
O
45
10
48
ON
AC
BE
45
48
37
1
T
10
EE
STR
1
38
2
EET
STR
46
47
9
47
LAN
E
1
TON
CLIF
TON
CLIF
1
87
88
89
90
91
92
93
94
95
96
97
98
99
100
§ 105-278.3. Real and personal property used for religious purposes.
(a)
Buildings, the land they actually occupy, and additional adjacent land reasonably
necessary for the convenient use of any such building shall be exempted from taxation if
wholly owned by an agency listed in subsection (c), below, and if:
(1)
Wholly and exclusively used by its owner for religious purposes as defined
in subsection (d)(1), below; or
(2)
Occupied gratuitously by one other than the owner and wholly and
exclusively used by the occupant for religious, charitable, or nonprofit
educational, literary, scientific, or cultural purposes.
(b)
Personal property shall be exempted from taxation if wholly owned by an agency
listed in subsection (c), below, and if:
(1)
Wholly and exclusively used by its owner for religious purposes; or
(2)
Gratuitously made available to one other than the owner and wholly and
exclusively used by the possessor for religious, charitable, or nonprofit
educational, literary, scientific, or cultural purposes.
(c)
The following agencies, when the other requirements of this section are met, may
obtain exemption for their properties:
(1)
A congregation, parish, mission, or similar local unit of a church or religious
body; or
(2)
A conference, association, presbytery, diocese, district, synod, or similar unit
comprising local units of a church or religious body.
(d)
Within the meaning of this section:
(1)
A religious purpose is one that pertains to practicing, teaching, and setting
forth a religion. Although worship is the most common religious purpose,
the term encompasses other activities that demonstrate and further the beliefs
and objectives of a given church or religious body. Within the meaning of
this section, the ownership and maintenance of a general or promotional
office or headquarters by an owner listed in subdivision (2) of subsection (c),
above, is a religious purpose and the ownership and maintenance of
residences for clergy, rabbis, priests or nuns assigned to or serving a
congregation, parish, mission or similar local unit, or a conference,
association, presbytery, diocese, district, synod, province or similar unit of a
church or religious body or residences for clergy on furlough or unassigned,
is also a religious purpose. However, the ownership and maintenance of
residences for other employees is not a religious purpose for either a local
unit of a church or a religious body or a conference, association, presbytery,
diocese, district, synod, or similar unit of a church or religious body.
Provided, however, that where part of property which otherwise qualifies for
the exemption provided herein is made available as a residence for an
individual who provides guardian, janitorial and custodial services for such
property, or who oversees and supervises qualifying activities upon and in
connection with said property, the entire property shall be considered as
wholly and exclusively used for a religious purpose.
(2)
A charitable purpose is one that has humane and philanthropic objectives; it
is an activity that benefits humanity or a significant rather than limited
segment of the community without expectation of pecuniary profit or
reward. The humane treatment of animals is also a charitable purpose.
(3)
An educational purpose is one that has as its objective the education or
instruction of human beings; it comprehends the transmission of information
G.S. 105-278.3
Page 1
101
and the training or development of the knowledge or skills of individual
persons.
(4)
A literary purpose is one that pertains to letters or literature, especially
writing, publishing, and the study of literature. It includes the literature of
the stage and screen as well as the performance or exhibition of works based
on literature.
(5)
A cultural purpose is one that is conducive to the enlightenment and
refinement of taste acquired through intellectual and aesthetic training,
education, and discipline.
(6)
A scientific purpose is one that yields knowledge systematically through
research, experimentation or other work done in one or more of the natural
sciences.
(e)
Notwithstanding the exclusive-use requirement of subsection (a), above, if part of a
property that otherwise meets that subsection's requirements is used for a purpose that would
require exemption if the entire property were so used, the valuation of the part so used shall be
exempted from taxation.
(f)
The fact that a building or facility is incidentally available to and patronized by the
general public, so long as there is no material amount of business or patronage with the general
public, shall not defeat the exemption granted by this section.
(g)
Notwithstanding the exclusive-use requirement of subsection (a), above, any
parking lot wholly owned by an agency listed in subsection (c), above, may be used for parking
without removing the tax exemption granted in this section; provided, the total charge for said
uses shall not exceed that portion of the actual maintenance expenditures for the parking lot
reasonably estimated to have been made on account of said uses. This subsection shall apply
beginning with the taxable year that commences on January 1, 1978. (1973, c. 695, s. 4; c.
1421; 1975, c. 848; 1977, c. 867; 2005-435, s. 59(a).)
G.S. 105-278.3
Page 2
102
Award of FY2010-2011 Vehicle and Equipment Financing
Description
On January 14, Finance received proposals for the financing of county vehicles and equipment as approved in
the fiscal year 2010-11 operating budget. As detailed in the attached RFP, the total amount to finance is
$1,425,000. Six responses were received from five banks. A bid tabulation of the responses is attached. The
lowest cost bid was received from Wells Fargo Bank.
Item Presenter
David Clawson
Adopt the attached Resolution to award the financing to Wells Fargo Bank at an interest rate of 1.80% for 36
months, and to authorized the County Manager, Finance Director, and Clerk to execute all necessary documents.
103
RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF AN INSTALLMENT FINANCING CONTRACT IN
THE AMOUNT OF $1,425,000.00 WITH WELLS FARGO BANK
TO FINANCE THE ACQUISITION OF CERTAIN VEHICLES
AND EQUIPMENT FOR USE BY THE COUNTY OF DARE,
NORTH CAROLINA, AUTHORIZING THE EXECUTION AND
DELIVERY OF RELATED INSTRUMENTS, AND DETERMINING
OTHER MATTERS IN CONNECTION THEREWITH
BE IT RESOLVED by the governing body for the County of Dare, North Carolina (the
“Unit”):
Section 1. The governing body of the Unit does hereby find and determine:
a) The County of Dare proposes the acquisition of certain vehicles and
equipment, which may include fixtures as more fully described in the hereinafter
mentioned Contract (collectively, the “Equipment”);
b) After consideration, the governing body of the Unit has determined that the
most advantageous manner of financing thereof is by an installment contract
pursuant to Section 160A-20 of the General Statutes of North Carolina, as
amended;
c) Pursuant to Section 160A-20, the Unit is authorized to finance the acquisition
of personal property, including fixtures, by installment contracts that create a
security interest in the property financed to secure repayment of the financing;
and
d) Wells Fargo Bank (“Wells Fargo”) has proposed that Wells Fargo enter into an
Installment Financing Contract with the Unit to finance the Equipment pursuant
to which Wells Fargo will lend the Unit the amount of $1,425,000.00 (the
“Contract”) and a related Escrow Agreement between the Unit and Wells Fargo
(the “Escrow Agreement”).
Section 2. The governing body of the Unit hereby authorizes and directs the Authorized
Officer, Robert L. Outten, County Manager, to execute, acknowledge and deliver the
Contract and Escrow Agreement on behalf of the Unit in such form and substance as the
person executing and delivering such instruments on behalf of the Unit shall find
acceptable. The Clerk is hereby authorized to affix the official seal of the County of Dare
to the Contract and the Escrow Agreement and attest the same.
Section 3. The proper officers of the Unit are authorized and directed to execute and
deliver any and all papers, instruments, opinions, certificates, affidavits and other
documents and to do or cause to be done any and all other acts and things necessary or
proper for carrying out this Resolution and the Contract and the Escrow Agreement.
104
Section 4. Notwithstanding any provision of the Contract or the Escrow Agreement, no
deficiency judgment may be rendered against the Unit in any action for breach of a
contractual obligation under the Contract or the Escrow Agreement and the taxing power
of the Unit is not and may not be pledged directly or indirectly to secure any moneys due
under the Contract, the security provided under the Contract being the sole security for
Wells Fargo in such instance.
Section 5. The Unit covenants that, to the extent permitted by the Constitution and laws
of the State of North Carolina, it will comply with the requirements of the Internal
Revenue Code of 1986, as amended (the “Code”) as required so that interest on the Unit’s
obligations under the Contract will not be included in the gross income of Wells Fargo.
Section 6. This Resolution shall take effect immediately upon its passage.
Adopted this 7th day of February, 2011.
By:
____________________________________
Warren Judge, Chairman
Attest: ____________________________________
Gary Gross, Clerk to the Board
SEAL
105
County of Dare, NC
RFP Dated January 4, 2011
$1,425,000
BB&T Governmental Finance
Key Government Finance, Inc.
RBC Bank
SunTrust Equipment Finance & Leasing Corp.
SunTrust Equipment Finance & Leasing Corp.
Wells Fargo Bank, N.A.
Rate
2.240%
2.910%
1.830%
2.175%
2.375%
1.800%
$
$
$
$
$
$
1/4ly Pymt
123,116.75
124,451.73
122,310.88
122,988.80
123,382.75
122,252.03
Fees
$
$
$
$
$
$
100.00
750.00
750.00
500.00
Total Cost of Loan
$
1,477,401.00
$
1,493,420.76
$
1,467,830.56
$
1,476,615.60
$
1,481,343.00
$
1,467,524.36
Day Count Rule Prepayment Premium
360
0%
360
0%
360
0.5%
not disclosed
3%
not disclosed
0%
360
0%
\\Darefile3\finshared\SHARE\DEBT\lease purchases\FY2011\2011 RFP results
106
January 4, 2011
The County of Dare, North Carolina wishes to enter into a lease purchase contract to finance the
purchase of vehicles and related equipment as approved in the fiscal year 2010-2011 budget.
The total amount to finance is $1,425,000. A detailed list of the equipment is shown on the
attached schedule of funding.
On August 16, 2010 the Dare County Board of Commissioners adopted “Reimbursement
Resolution – Fiscal Year 2010-2011 Vehicle and Equipment Financing Project” which states that
funds advanced from the General Fund and the Sanitation I Fund for the vehicle and equipment
financing project are intended to be reimbursed from the financing proceeds. A copy of this
resolution is attached.
Conditions:
1. Desired term is (36) months.
2. County Board to adopt resolution on 2/7/2011. Closing to be held no later than
2/14/2011.
3. Escrow funding will be required with draw down of funds according to the attached
schedule.
4. Repayments of monies are to be quarterly, in arrears (one payment prior to June 30,
2011).
5. Interest rate is to be fixed with equal quarterly payments.
6. There must be a non-appropriation clause in the Agreement. Non-substitution clauses are
not permitted.
107
County of Dare
Request for Financing Proposals
Page two
7. There can be no deficiency judgment nor can the taxing power of the County be pledged.
8. List all additional costs expected to be associated with this transaction including all
origination and placement fees.
9. The bid rate(s) shall be guaranteed for at least forty-five (45) days.
10. Day count rule for interest rate must be disclosed. Actual/365 is not desired, if possible.
The County reserves the right to judgmentally select the successful bidder and the financing
arrangement that best meets the needs of the County. The selection will be based heavily on the
lowest interest rate and lowest cash outflow on a present value basis. The successful bidder will
provide the County with a document package and an amortization schedule detailing principal
and interest costs due by fiscal years (6/30/ f/y/e) for review by the County Attorney and the
County Finance Director.
The County is not a small issuer (under $10 million) for calendar year 2011 and therefore does
not qualify as a small issuer under Section 265 of the Internal Revenue Code of 1986.
The current G.O. ratings for the County are: Moody's - “Aa3”; S&P - “AA”; Fitch - “AA-” and
NCMC - “84”. Upgrades were received from Moody's in 1998 and 2005, S&P in 1999, 2001,
2006, and 2009, Fitch in 2002, and from NCMC in 1993, 1995, 2001, and 2006.
Proposals will be received until 2:00 p.m. on Friday, January 14, 2011. Proposals may be
submitted via mail, facsimile, or email to [email protected]. At that time there will be a public
opening of the proposals. This opening will be held at the Dare County Finance Department,
954 Marshall C Collins Drive, Manteo, NC. For any further information, please contact Sally
DeFosse at 252-475-5733.
Sincerely,
Sally DeFosse
Assistant Finance Director
County of Dare
108
Request for Financing Proposals
Page three
Financing Schedule
RFP to bidders
Proposals due to Dare County Finance
Bid results notification to bidders
Documents due to County
Resolution adopted by Board of Commissioners
Closing, no later than
01/04/11
01/14/11
01/19/11
01/26/11
02/07/11
02/14/11
Estimated Schedule of Funding
Description
Units
Patrol vehicles
Ambulances
Residential automated side-loading trash truck
Commercial automated front-loading trash truck
Total
15
3
2
1
Total Cost Estimated Date
365,000
390,000
450,000
220,000
$ 670,000
109
April 2011
April 2011
May 2011
June 2011
110
(NC Option)
This instrument has been pre-audited in the
manner required by The Local Government
Budget and Fiscal Control Act.
David Clawson
Finance Director
INSTALLMENT FINANCING AND SECURITY AGREEMENT
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Dated as of February ______, 2011
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between
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DARE COUNTY, NC
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and
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WELLS FARGO BANK, N.A.
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TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND EXHIBITS
SECTION 1.1.
SECTION 1.2.
Definitions and Rules of Construction............................................................... 2
Exhibits. ............................................................................................................. 4
ARTICLE II
REPRESENTATIONS OF THE PURCHASER AND BANK
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Representations, Covenants and Warranties of the Purchaser........................... 5
Representations, Covenants and Warranties of the Bank. ................................. 5
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SECTION 2.1.
SECTION 2.2.
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ARTICLE III
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EQUIPMENT FUND
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Creation of Equipment Fund.............................................................................. 6
Acquisition of Equipment. ................................................................................. 6
Investment.......................................................................................................... 6
Disbursements.................................................................................................... 6
Termination........................................................................................................ 7
Reliance of Bank on Documents........................................................................ 7
Disclaimer of Bank. ........................................................................................... 7
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SECTION 3.1.
SECTION 3.2.
SECTION 3.3.
SECTION 3.4.
SECTION 3.5.
SECTION 3.6.
SECTION 3.7.
ARTICLE IV
REPAYMENT OF THE ADVANCEMENT;
SECURITY FOR REPAYMENT
SECTION 4.1.
SECTION 4.2.
SECTION 4.3.
SECTION 4.4.
Repayment of the Advancement........................................................................ 8
Budget and Appropriation.................................................................................. 9
Security Agreement. .......................................................................................... 10
No Set-Off; Recoupment, etc............................................................................. 10
ARTICLE V
INSURANCE
SECTION 5.1.
SECTION 5.2.
Insurance. ........................................................................................................... 11
Damage and Destruction.................................................................................... 11
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ARTICLE VI
DAMAGE AND DESTRUCTION;
USE OF NET PROCEEDS
SECTION 6.1.
SECTION 6.2.
SECTION 6.3.
Obligation of the Purchaser to Repair and Replace the Equipment................... 12
Insufficiency of Net Proceeds; Discharge of the Obligation of the
Purchaser to Repair the Equipment.................................................................... 12
Cooperation of the Bank. ................................................................................... 13
ARTICLE VII
COVENANTS OF THE PURCHASER
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Access to the Equipment and Inspection. .......................................................... 13
Maintenance, Utilities, Taxes and Assessments ................................................ 13
Modification of the Equipment.......................................................................... 14
Encumbrances .................................................................................................... 14
Indemnification of the Bank. ............................................................................. 14
Financial Statements. ......................................................................................... 14
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SECTION 7.1.
SECTION 7.2.
SECTION 7.3.
SECTION 7.4.
SECTION 7.5.
SECTION 7.6.
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ARTICLE VIII
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Assignment by the Bank. ................................................................................... 15
Assignment by the Purchaser............................................................................. 15
ARTICLE IX
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SECTION 8.1.
SECTION 8.2.
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ASSIGNMENT, LEASING AND AMENDMENT
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EVENTS OF DEFAULT AND REMEDIES
SECTION 9.1.
SECTION 9.2.
SECTION 9.3.
SECTION 9.4.
SECTION 9.5.
Events of Default Defined. ................................................................................ 15
Remedies on Default.......................................................................................... 16
No Remedy Exclusive........................................................................................ 17
Agreement to Pay Attorneys’ Fees and Expenses. ............................................ 17
No Additional Waiver Implied by One Waiver................................................. 17
ARTICLE X
PREPAYMENT OF INSTALLMENT PAYMENTS
SECTION 10.1.
Prepayment of Installment Payments................................................................. 18
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ARTICLE XI
MISCELLANEOUS
SECTION 11.1. Notices. .............................................................................................................. 19
SECTION 11.2. Binding Effect.................................................................................................... 19
SECTION 11.3. Severability. ....................................................................................................... 19
SECTION 11.4. Execution in Counterparts.................................................................................. 20
SECTION 11.5. Commitment Letter ............................................................................................ 20
SECTION 11.6. Applicable Law.................................................................................................. 20
SECTION 11.7. Waiver of Jury Trail........................................................................................... 20
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Description of the Equipment ............................................................................ A-1
Installment Payment Schedule........................................................................... B-1
Form of Requisition ........................................................................................... C-1
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EXHIBIT A
EXHIBIT B
EXHIBIT C
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INSTALLMENT FINANCING AND SECURITY AGREEMENT
This INSTALLMENT FINANCING AND SECURITY AGREEMENT, dated as of
February _____, 2011 (the “Agreement”), between Dare County, NC, a municipal corporation
organized and existing under the laws of the State of North Carolina (the “Purchaser”), and
Wells Fargo Bank, N.A., a national banking association duly organized and existing under the
laws of the United States of America (the “Bank”);
WITNESSETH:
WHEREAS, the Purchaser is a municipal corporation organized and existing under and
by virtue of the Constitution and laws of the State of North Carolina;
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WHEREAS, in accordance with the laws governing the actions of the Purchaser, the
Purchaser is permitted to finance the acquisition of certain equipment by contracts that create in
the equipment a security interest to secure repayment of the moneys advanced or made available
to purchase such equipment;
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WHEREAS, after due consideration, the governing body for the Purchaser has
determined to acquire the equipment as more particularly described in Exhibit A attached hereto
(the “Equipment”);
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WHEREAS, in order for the Purchaser to obtain the funds to pay the costs of the
Equipment, the Purchaser has determined to enter into this Agreement whereby the Bank will
advance funds to the Purchaser to pay the costs of the Equipment, and the Purchaser will repay
such advancement with interest in installments pursuant to the terms of this Agreement;
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WHEREAS, as security for the performance of its obligation under this Agreement,
including the payment of the installment payments hereunder, Purchaser has further agreed to
grant the Bank a security interest in the Equipment;
WHEREAS, the Bank is willing to advance moneys to the Purchaser for payment of the
cost of acquisition of the Equipment, and the Purchaser is willing to repay the moneys so
advanced by the Bank in installments as more fully provided herein; and
WHEREAS, the Purchaser and the Bank have each duly authorized the execution and
delivery of this Agreement.
NOW, THEREFORE, in consideration of the above premises and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the parties hereto
agree as follows:
115
ARTICLE I
DEFINITIONS AND EXHIBITS
SECTION 1.1. Definitions and Rules of Construction. Unless the context otherwise
indicates, words importing the singular number shall include the plural number and vice versa.
The words “hereby”, “herein”, “hereof”, “hereto”, “hereunder” and other words of similar import
refer to this Agreement as a whole and not to any particular Article, Section or subdivision
hereof. All references herein to “Articles”, “Sections” and other subdivisions are to the
corresponding Articles, Sections or subdivisions of this Agreement unless some other reference
is indicated.
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“Advancement” means the advance being made by the Bank to the Purchaser pursuant to
Section 3.1 of this Agreement.
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“Affected Principal Amount” means, for an Affected Principal Period, the principal
components of the Installment Payments scheduled to be outstanding during such Affected
Principal Period determined as of the relevant Break Date before giving effect to the Break Event
on such Break Date, and for any prepayment, “Affected Principal Amount” means the amount
determined by multiplying each such principal amount by a fraction the numerator of which is
the principal amount being prepaid and the denominator of which is the total principal
components of the Installment Payments outstanding immediately prior to such prepayment on
the Break Date.
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“Affected Principal Period” means each period from and including an Installment
Payment Date to but excluding the next succeeding Installment Payment Date, provided
however, that the first such period shall begin on and include the Break Date.
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“Agreement” means this Installment Financing Agreement, including any amendment or
supplement hereto permitted herein.
“Bank” means Wells Fargo Bank, N.A., a national banking association organized and
existing under the laws of the United States of America, and any successor thereto.
“Break Date” means the date on which a Break Event occurs.
“Break Event” means any voluntary or mandatory prepayment or acceleration, in whole
or in part, of the principal components of the Installment Payments occurring prior to the
Scheduled Due Date.
“Breakage Fee” means that amount determined pursuant to the provisions of Section 10.1
which shall be due and payable by the Purchaser to the Bank upon the occurrence of each Break
Event.
“Closing” means the date on which the Purchaser executes and delivers this Agreement,
and the Bank makes the Advancement to the Purchaser.
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“Closing Costs” means and further includes all items of expense directly or indirectly
payable by or reimbursable to the Purchaser relating to the financing of the Equipment,
including, but not limited to, filing and recording costs, settlement costs, printing costs, word
processing costs, reproduction and binding costs, legal fees and charges and financing and other
professional consultant fees.
“Determination of Taxability” means and shall be deemed to have occurred on the date
when (a) the Purchaser shall receive notice from the Bank that the Internal Revenue Service has
assessed as includable in gross income the interest component of the Installment Payments made
by the Purchaser under this Agreement due to the occurrence of an Event of Taxability or (b) the
Purchaser or the Bank shall receive notice from the Commissioner or any District Director of the
Internal Revenue Service that the interest component of the Installment Payments made by the
Purchaser under this Agreement is includable in the gross income of the Bank for federal income
tax purposes due to the occurrence of an Event of Taxability.
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“Enforcement Limitation” means any laws that provide that no deficiency judgment may
be rendered against the Purchaser in any action for breach of a contractual obligation and that the
taxing power of the Purchaser is not and may not be pledged directly or indirectly to secure any
moneys due under this Agreement.
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“Equipment” means the equipment identified in Exhibit A attached hereto the cost of
which is being paid by the Purchaser from the Advancement.
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“Equipment Fund” means the account created pursuant to Section 3.1 in which the
proceeds of the Advancement are deposited.
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“Event of Nonappropriation” means (a) the failure by the Purchaser or Purchaser’s
governing body to budget and appropriate in its budget for the ensuing Fiscal Year adopted on or
about June 30 of each year moneys sufficient to pay all Installment Payments and any reasonably
estimated additional payments under this Agreement coming due in the next ensuing Fiscal Year
or (b) the deletion from Purchaser’s duly adopted budget of any appropriation for the purposes
specified in clause (a). In the event that during any Fiscal Year, any additional payments shall
become due that were not included in the Purchaser’s current budget, and if there are no moneys
available to pay such additional payments prior to the date upon which such additional payments
are due, an Event of Nonappropriation shall be deemed to have occurred upon notice by the
Bank to the Purchaser to such effect.
“Event of Taxability” means the occurrence or existence of any fact, event or
circumstance caused by the failure of the Purchaser to comply with any covenants in this
Agreement or any document or certificate executed by the Purchaser or to comply with any
requirement of federal law in connection with the transactions contemplated by this Agreement
which has the effect of causing the interest component of the Installment Payments made by the
Purchaser under this Agreement to be includable in the gross income of the Bank for federal
income tax purposes.
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“Fiscal Year” means the period beginning on July 1 of any year and ending on June 30 of
the following year.
“Inclusion Date” means the effective date that the interest component of the Installment
Payments made by the Purchaser under this Agreement is includable in the gross income of the
Bank as a result of a Determination of Taxability.
“Installment Payment Date” means each of the dates set forth on the Installment Payment
Schedule attached hereto as Exhibit B.
“Installment Payments” means the payments required to be paid by the Purchaser
pursuant to Section 4.1 in order to repay the Advancement, as specified in Exhibit B.
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“Investment Obligation” means any security or investment authorized by the law
governing Purchaser, as may be amended from time to time, or any substitute or successor laws.
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“LIBOR Breakage” means any additional loss, cost or expense that the Bank may incur
with respect to any hedge for the fixed rate of this Agreement based on the difference between
the London interbank offered rate (for United States dollar deposits of the relevant maturity)
available in the London interbank market at the beginning of the interest period in which the
Break Date occurs and that which is available in that market on the Break Date.
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“Net Proceeds” means any proceeds of insurance paid with respect to the Equipment
remaining after payment therefrom of any expenses (including attorneys’ fees) incurred in the
collection thereof.
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“Permitted Encumbrances” means, and includes (a) liens for taxes, assessments and other
governmental charges due but not yet payable; (b) landlord’s, warehouseman’s, carrier’s,
worker’s, vendor’s, mechanic’s and materialmen’s liens and similar liens incurred in the ordinary
course of business remaining undischarged for not longer than 60 days from the filing thereof;
(c) attachments remaining undischarged for not longer than 60 days from the making thereof; (d)
the lien created by the security interest of the Bank in the Equipment; (e) this Agreement and (f)
any lease of the Equipment permitted by Section 8.2(b).
“Purchaser” means Dare County, NC, a municipal corporation organized and existing
under and by virtue of the Constitution and laws of the State of North Carolina, and any
successor entity.
“Scheduled Due Date” means the date the principal components of the Installment
Payments would, but for prepayment or acceleration, have become due and payable.
“State” means the State of North Carolina.
SECTION 1.2. Exhibits. The following exhibits are attached to, and by reference made
a part of, this Agreement:
Exhibit A:
Description of the Equipment
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Exhibit B:
Exhibit C:
Installment Payment Schedule
Form of Requisition
ARTICLE II
REPRESENTATIONS OF THE PURCHASER AND BANK
SECTION 2.1. Representations, Covenants and Warranties of the Purchaser. The
Purchaser represents, covenants and warrants to the Bank as follows:
(a) The Purchaser is a municipal corporation organized and existing under and by virtue
of the Constitution and laws of the State of North Carolina.
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(b) The Constitution and laws of the State authorize the Purchaser to execute and deliver
this Agreement and to enter into the transactions contemplated by and to carry out its obligations
under this Agreement.
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(c) The Purchaser has duly authorized and executed this Agreement in accordance with
the Constitution and laws of the State.
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(d) Neither the execution and delivery of this Agreement, nor the fulfillment of or
compliance with the terms and conditions hereof or thereof, nor the consummation of the
transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms,
conditions or provisions of any charter provision, restriction, agreement or instrument to which
the Purchaser is now a party or by which the Purchaser is bound, or constitutes a default under
any of the foregoing.
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(e) No approval or consent is required from any governmental authority with respect to
the entering into or performance by the Purchaser of this Agreement, and all other documents
related thereto and the transactions contemplated hereby and thereby, or if such approval is
required, it has been duly obtained.
(f) There is no action, suit, proceeding or investigation at law or in equity before or by
any court, public board or body pending or threatened against or affecting the Purchaser
challenging the validity or enforceability of this Agreement, or any other documents relating
hereto and the performance of the Purchaser’s obligations hereunder and thereunder.
(g) The Purchaser will obtain or cause to be obtained all licenses, permits and other
approvals of any other governmental entity having jurisdiction over the Purchaser or the
Equipment that are necessary for the acquisition and operation of the Equipment.
SECTION 2.2. Representations, Covenants and Warranties of the Bank. The Bank
represents, covenants and warrants to the Purchaser as follows:
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(a) The Bank is a national banking association organized, existing and in good standing
under and by virtue of the laws of the United States of America and has the power and authority
to enter into this Agreement.
(b) Neither the execution and delivery of this Agreement nor the fulfillment of or
compliance with the terms and conditions hereof or thereof, nor the consummation of the
transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms,
conditions or provisions of the organizational documents of the Bank or any restriction or any
agreement or instrument to which the Bank is now a party or by which the Bank is bound.
ARTICLE III
EQUIPMENT FUND
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SECTION 3.1. Creation of Equipment Fund. In consideration of the covenants,
warranties and representations contained herein, and in consideration of the Purchaser’s
agreement to repay the moneys advanced hereunder and interest thereon, the Bank hereby agrees
to advance to the Purchaser at Closing moneys in the aggregate amount of $1,425,000.00 (the
“Advancement”). The Purchaser shall deposit the Advancement in a separate account
established with the Bank designated the “Dare County, NC Equipment Fund” (the “Equipment
Fund”). The proceeds of the Advancement shall be deposited in the Equipment Fund at Closing
and shall be applied, together with any investment earnings thereon, in accordance with the
provisions of this Article.
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SECTION 3.2. Acquisition of Equipment. The Purchaser shall enter into one or more
contracts or purchase orders providing for the acquisition of the Equipment substantially as
described in Exhibit A attached hereto.
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SECTION 3.3. Investment. The Purchaser shall invest and reinvest the Equipment
Fund solely in Investment Obligations, and investment earnings on the Equipment Fund shall be
retained in the Equipment Fund pending disbursement in accordance with Section 3.4. Unless
otherwise agreed between Bank and Purchaser, the Equipment Fund shall be invested in a Wells
Fargo Bank Public Funds Money Market Investment Account. The Purchaser shall be solely
responsible for ascertaining that all proposed investments and reinvestments comply with
federal, state and local laws, regulations and ordinances governing investment of funds held
pursuant to an arrangement similar in substance to the arrangement contemplated by this
Agreement. Accordingly, the Bank shall not be responsible for any liability, cost, expense, loss
or claim of any kind, directly or indirectly arising out of or related to investment or reinvestment
of all or a portion of the moneys held in the Equipment Fund, and the Purchaser hereby agrees, to
the extent permitted by law, to release and indemnify and hold harmless the Bank from any such
liability, cost, expense, loss or claim.
SECTION 3.4. Disbursements. Unless the Equipment Fund is earlier terminated in
accordance with the provisions of Section 3.5, the moneys held in the Equipment Fund shall be
used to pay the Closing Costs and the costs of the Equipment upon the prior written consent of
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the Bank to a written requisition of the Purchaser signed by an officer of Purchaser, or their
designee, substantially in the form set forth in Exhibit C, together with any documents or other
items of evidence as the Bank may determine to be necessary to determine the appropriateness of
such requisition. A fee of $25.00 per wire transfer will be applied to all disbursements. This fee
will be deducted directly from moneys held in the Equipment Fund unless the Purchaser directs
the Bank to invoice the Purchaser directly for any such fees. If the moneys held in the
Equipment Fund and any other moneys provided by the Purchaser are insufficient to pay all of
the Closing Costs and the costs of the Equipment, the Purchaser shall provide any balance of the
funds needed to pay such Closing Costs and the costs of the Equipment. Any moneys remaining
in the Equipment Fund (a) after the acquisition of the Equipment, as evidenced by a written
certificate of completion executed by an officer of the Purchaser and delivered to the Bank
stating that the Equipment has been acquired and that there are no liens against the Equipment
other than the lien created by this Agreement, or (b) upon termination of this Agreement prior to
such acquisition, shall be used to pay the interest component of the next scheduled Installment
Payment.
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SECTION 3.5. Termination. The Equipment Fund shall be terminated at the earliest of
(a) the final distribution of moneys from the Equipment Fund, (b) written notice given by the
Bank of an event of default by the Purchaser under this Agreement and (c) the termination of this
Agreement.
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SECTION 3.6. Reliance of Bank on Documents. The Bank may act in reliance upon
any writing or instrument or signature which it, in good faith, believes to be genuine and may
assume the validity and accuracy of any statement or assertion contained in such a writing or
instrument. The Bank shall not be liable in any manner for the sufficiency or correctness as to
the form, manner of execution, or validity of any instrument or as to the identity, authority, or
right of any person executing the same; and the Bank’s duties hereunder shall be limited to the
receipt of such moneys, instruments or other documents received by it as the Bank, and for the
disposition of the same in accordance herewith.
SECTION 3.7. Disclaimer of Bank. The Purchaser acknowledges and agrees that the
design of the Equipment has not been made by the Bank, and the Bank has not supplied any
plans or specifications with respect thereto and that the Bank (a) is not a manufacturer of, nor a
dealer in, any of the component parts of the Equipment or similar Equipment, (b) has not made
any recommendation, given any advice nor taken any other action with respect to (i) the choice
of any supplier, vendor or designer of, or any other contractor with respect to, the Equipment or
any component part thereof or any property or rights relating thereto, or (ii) any action taken or
to be taken with respect to the Equipment or any component part thereof or any property or
rights relating thereto at any stage of the acquisition thereof, (c) has not at any time had physical
possession of the Equipment or any component part thereof or made any inspection thereof or
any property or rights relating thereto, and (d) has not made any warranty or other representation,
express or implied, that the Equipment or any component part thereof or any property or rights
relating thereto (i) will not result in or cause injury or damage to persons or property, (ii) has
been or will be properly designed, or will accomplish the results which the Purchaser intends
therefor, or (iii) is safe in any manner or respect.
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THE BANK MAKES NO EXPRESS OR IMPLIED WARRANTY OR
REPRESENTATION OF ANY KIND WHATSOEVER WITH RESPECT TO THE
EQUIPMENT OR ANY COMPONENT PART THEREOF TO THE PURCHASER OR ANY
OTHER CIRCUMSTANCE WHATSOEVER WITH RESPECT THERETO, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE MERCHANTABILITY OR THE FITNESS OR SUITABILITY THEREOF FOR ANY
PURPOSE; THE DESIGN OR CONDITION THEREOF; THE SAFETY, WORKMANSHIP,
QUALITY OR CAPACITY THEREOF; COMPLIANCE THEREOF WITH THE
REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING
THERETO; ANY LATENT DEFECT; THE TITLE TO OR INTEREST OF THE BANK
THEREIN BEYOND THAT TITLE OR INTEREST WHICH THE PURCHASER OBTAINS
FROM THE BANK PURSUANT HERETO; THE ABILITY THEREOF TO PERFORM ANY
FUNCTION; THAT THE PROCEEDS DERIVED FROM THE ADVANCEMENT WILL BE
SUFFICIENT, TOGETHER WITH ANY OTHER AVAILABLE FUNDS OF THE
PURCHASER, TO PAY THE COST OF ACQUIRING THE EQUIPMENT; OR ANY OTHER
CHARACTERISTICS OF THE EQUIPMENT, IT BEING AGREED THAT ALL RISKS
RELATING TO THE EQUIPMENT, THE ACQUISITION THEREOF OR THE
TRANSACTIONS CONTEMPLATED HEREBY ARE TO BE BORNE BY THE
PURCHASER, AND THE BENEFITS OF ANY AND ALL IMPLIED WARRANTIES AND
REPRESENTATIONS OF THE BANK ARE HEREBY WAIVED BY THE PURCHASER.
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REPAYMENT OF THE ADVANCEMENT;
SECURITY FOR REPAYMENT
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SECTION 4.1. Repayment of the Advancement. (a) Subject to the provisions of
subsection (c) of this Section, the Purchaser shall repay the Advancement, with interest,
computed at the rate of 1.80% per annum, calculated on 30/360 basis, in installments due at the
times and in the amounts set forth in Exhibit B.
(b) All payments required to be made to the Bank hereunder shall be made at the Bank’s
principal office at the address set forth in Section 11.1 or as may otherwise be directed by the
Bank.
(c) In the event of a Determination of Taxability, the interest rate payable under this
Agreement, from and after the Inclusion Date, shall be adjusted to preserve the Bank’s after-tax
economic yield with respect to the interest components of the Installment Payments, taking into
account any interest expense deductions lost by the Bank as a direct or indirect result of the
Purchaser’s actions. In the event of a Determination of Taxability, the Bank shall provide the
Purchaser with a new Installment Payment Schedule which reflects the new interest rate which
will replace the Installment Payment Schedule set forth in Exhibit B.
(d) The Purchaser represents that it is hereby designating any obligations hereunder as
being within the $10 million limitation described within Section 265(b)(3) of the Internal
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Revenue Code of 1986, as amended (the “Code”), and that it will not breach the covenants
included herein or take any action which adversely affects the deductibility of any interest
payments made by the Purchaser, such actions including, but not limited to, the issuance of more
than $30 million of obligations during the current calendar year in which this Agreement is
executed. In the event the Purchaser breaches this representation, the interest rate payable under
this Agreement shall be adjusted to preserve the Bank’s after-tax economic yield with respect to
the interest component of the Installment Payments, taking into account any interest expense
deductions lost by the Bank as a direct or indirect result of the Purchaser’s actions. In such
event, the Bank shall provide the Purchaser with a new Installment Payment Schedule which
reflects the new interest rate which will replace the Installment Payment Schedule set forth in
Exhibit B.
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SECTION 4.2. Budget and Appropriation. (a) The officer of the Purchaser at any
time charged with the responsibility for formulating budget proposals shall include in the budget
proposals for review and consideration by the governing body of the Purchaser in any Fiscal
Year in which this Agreement shall be in effect, items for all Installment Payments and any
additional payments required for such Fiscal Year under this Agreement. Any budget item
referred to in this Section shall be deleted from the applicable budget by the Purchaser only by
the adoption of a resolution to such effect containing a statement of its reasons therefor, which
resolution shall be adopted by and spread upon the minutes of the governing body of the
Purchaser. The Purchaser shall furnish the Bank with copies of its annual budget promptly after
its adoption and copies of any amended budget affecting appropriations for Installment Payments
or additional payments required under this Agreement. The Purchaser shall promptly provide
notice of any Event of Nonappropriation to the Bank.
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(b) NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR
INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE
PURCHASER WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT
LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED
OR INTERPRETED AS CREATING A DELEGATION OF GOVERNMENTAL
POWERS NOR AS A DONATION BY OR A LENDING OF THE CREDIT OF THE
PURCHASER WITHIN THE MEANING OF THE CONSTITUTION OF THE STATE.
THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR
CONTINGENTLY OBLIGATE THE PURCHASER TO MAKE ANY PAYMENTS
BEYOND THOSE APPROPRIATED IN THE SOLE DISCRETION OF THE
PURCHASER FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT IS IN
EFFECT; PROVIDED, HOWEVER, THAT ANY FAILURE OR REFUSAL BY THE
PURCHASER TO APPROPRIATE FUNDS WHICH RESULTS IN THE FAILURE BY
THE PURCHASER TO MAKE ANY PAYMENT COMING DUE HEREUNDER WILL
IN NO WAY OBVIATE THE OCCURRENCE OF THE EVENT OF DEFAULT
RESULTING FROM SUCH NONPAYMENT. NO DEFICIENCY JUDGMENT MAY BE
RENDERED AGAINST THE PURCHASER IN ANY ACTION FOR BREACH OF A
CONTRACTUAL OBLIGATION UNDER THIS AGREEMENT IN VIOLATION OF
APPLICABLE LAW AND THE TAXING POWER OF THE PURCHASER IS NOT AND
MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO
SECURE ANY MONEYS DUE UNDER THIS AGREEMENT.
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No provision of this Agreement shall be construed to pledge or to create a lien on any
class or source of the Purchaser’s moneys, nor shall any provision of this Agreement restrict the
future issuance of any of the Purchaser’s bonds or moneys. To the extent of any conflict
between this Section and any other provision of this Agreement, this Section shall take priority.
SECTION 4.3. Security Agreement. Title to the Equipment and any and all additions, repairs,
replacements or modifications thereto shall be in the Purchaser from and after the date of
execution and delivery of this Agreement so long as the Purchaser shall not be in default
hereunder and shall vest permanently in the Purchaser on the payment of all Installment
Payments, free and clear of any lien or security interest of Bank therein.
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To secure all obligations of the Purchaser hereunder, the Purchaser hereby grants to Bank
a security interest in any and all of the Purchaser's right, title and interest in and to the
Equipment, all additions, attachments, accessions, substitutions and replacements thereto, and
any and all proceeds thereof, including without limitation, proceeds of insurance thereon. The
Purchaser agrees to execute and deliver all documents, instruments and financing statements
necessary or appropriate to perfect or maintain the security interest granted hereby and to
maintain Bank's security interest in the items of personal property constituting the Equipment
purchased pursuant to Section 3 hereof. Bank is authorized to file financing statements without
the Purchaser's signature or to execute and file such financing statements without the Purchaser's
signature on the Purchaser's behalf as specified by the Uniform Commercial Code to perfect or
maintain Bank's security interest granted hereby. At the request of Bank, the Purchaser will keep
and maintain a conspicuous marking or tag on the items of personal property constituting the
Equipment that a security interest therein is held by Bank.
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The Equipment is, and shall at all times be and remain, personal property notwithstanding
that the Equipment or any part thereof may now be, or hereafter become, in any manner affixed
or attached to, or imbedded in, or permanently resting upon, real property or any building
thereon or any fixtures, or attached in any manner to what is permanent by any means of cement,
plaster, nails, bolts, screws or otherwise. Upon request of Bank, the Purchaser shall obtain, as to
any place where the Equipment is located, a waiver from the landlord and mortgagee thereof
with respect to any rights they may have in and to the Equipment or the rights of levy or seizure
thereon.
The Purchaser agrees that unless Bank otherwise consents in writing all of the personal
property constituting the Equipment shall at all times remain at the location described in Exhibit
A attached hereto.
SECTION 4.4. No Set-Off; Recoupment, Etc. Subject to Section 4.2 and the
Enforcement Limitation, the obligation of the Purchaser to make the Installment Payments
hereunder and to perform and observe the other covenants of this Agreement shall be absolute
and unconditional, and the Purchaser will pay without abatement, diminution or deduction all
such amounts regardless of any cause or circumstance whatsoever, including, without limitation,
any defense, set-off, recoupment or counterclaim that the Purchaser may have against the Bank.
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ARTICLE V
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SECTION 5.1. Insurance. (a) The Purchaser shall, during the term of this Agreement
and at all times before all Installment Payments have been paid, continuously insure the
Equipment, or cause the Equipment to be insured, against loss or damage to any portion of the
Equipment in an amount equal to 100% of the replacement cost of such Equipment (subject to a
deductible clause not to exceed $100,000 for any one loss), paying as the same become due all
premiums in respect thereof. The policy providing for such insurance shall name the Bank as
loss payee. In addition the Purchaser shall (i) maintain a comprehensive general liability policy
or policies in protection of the Purchaser, its officers, agents and employees, which policy or
policies shall cover such losses and shall have such deductible amounts as shall be satisfactory to
the Bank and (ii) maintain workers’ compensation insurance to insure its employees against
liability for workers’ compensation under the laws of the State.
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(b) The insurance coverage required under this Section may be maintained under a
blanket policy covering other properties of the Purchaser.
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(c) The Purchaser shall cause to be delivered to the Bank annually on or about July 1 of
each year a certificate or other evidence showing that the insurance policies required or permitted
by this Agreement are in full force and effect.
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(d) The Purchaser shall cooperate fully with the Bank in filing any proof of loss with
respect to any insurance policy maintained pursuant to this Section.
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SECTION 5.2. Damage and Destruction. If at any time before all Installment
Payments have been paid, the Equipment is damaged or destroyed by fire, flood, windstorm or
other casualty, the Purchaser shall cause the Net Proceeds from insurance to be used for the
repair, restoration or replacement of the Equipment. In the case of any damage to or destruction
of the Equipment exceeding $500,000 in any Fiscal Year, the Purchaser shall give prompt
written notice thereof to the Bank. All equipment, machinery or other personal property so
acquired from such Net Proceeds pursuant to this Section shall be purchased free of all liens and
encumbrances, other than Permitted Encumbrances, and shall become a part of the Equipment
subject to the security interest created by this Agreement.
The Purchaser agrees that, after exhaustion of the Net Proceeds, subject to the provisions
of Section 4.2, it shall pay or cause to be paid any portion of the repair, restoration or
replacement in excess of the Net Proceeds, and it shall not be entitled to any reimbursement
therefor from the Bank and it shall not be entitled to any abatement or diminution of the
payments required to be made by the Purchaser pursuant to this Agreement.
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ARTICLE VI
DAMAGE AND DESTRUCTION;
USE OF NET PROCEEDS
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SECTION 6.1. Obligation of the Purchaser to Repair and Replace the Equipment.
Unless applied to the payment in full or in part of the remaining Installment Payments pursuant
to Section 6.2, the Purchaser shall cause the Net Proceeds of any insurance policies to be
deposited in a separate fund maintained by the Purchaser with the Bank or its designee. Except
as set forth in Section 6.2, all Net Proceeds so deposited shall be applied to the prompt repair,
restoration or replacement of the Equipment and shall be disbursed upon receipt of requisitions
of the Purchaser approved by the Bank, stating, with respect to each payment to be made, (a) the
requisition number; (b) the name and address of the person, firm or corporation to whom
payment is due; (c) the amount to be paid; and (d) that each obligation mentioned therein has
been properly incurred, is a proper charge against the separate trust fund, and has not been the
basis of any previous withdrawal and specifying in reasonable detail the nature of the obligation,
accompanied by a bill or a statement of account for such obligation. The Bank shall cooperate
with the Purchaser in the administration of such fund and shall not unreasonably withhold its
approval of requisitions under this Section. Any repair, restoration, modification, improvement
or replacement paid for in whole or in part out of such Net Proceeds shall be the property of the
Purchaser, subject to the Bank’s security interest and Permitted Encumbrances, and shall be
included as part of the Equipment under this Agreement.
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SECTION 6.2. Insufficiency of Net Proceeds; Discharge of the Obligation of the
Purchaser to Repair the Equipment. (a) If the Net Proceeds shall be insufficient to pay in full
the cost of repair, restoration or replacement of the Equipment, the Purchaser may elect to
complete the work and pay any cost in excess of the amount of the Net Proceeds, and the
Purchaser agrees that, if by reason of any such insufficiency of the Net Proceeds, the Purchaser
shall make any payments pursuant to the provisions of this subsection (a), the Purchaser shall not
be entitled to any reimbursement therefor from the Bank, nor shall the Purchaser be entitled to
any diminution of the Installment Payments payable under Section 4.1.
(b) If the Purchaser elects not to apply the Net Proceeds to the repair, restoration or
replacement of the Equipment, the Purchaser may apply the Net Proceeds of such insurance
policies to the prepayment of the principal component of the Installment Payments in accordance
with Section 10.1. In the event the amount of such Net Proceeds exceeds the amount necessary
to prepay the principal component of all remaining Installment Payments, plus the interest
component of the Installment Payments accrued to the date of prepayment, such excess shall be
paid to or retained by the Purchaser.
Within 90 days following the receipt of Net Proceeds, unless a further extension is
approved by the Bank, the Purchaser shall commence the repair, restoration or replacement of
the Equipment, or shall elect, by written notice to the Bank, to apply the Net Proceeds to the
prepayment of the Installment Payments under the provisions of Section 10.1. For purposes of
this subsection, “commence” shall include the retention of an engineer in anticipation of the
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repair, restoration, modification, improvement or replacement of the Equipment. In the event
that the Purchaser shall, after commencing the repair, restoration, modification, improvement or
replacement of the Equipment, determine that the Net Proceeds (plus any amount withheld
therefrom by reason of any deductible clause) shall be insufficient for the accomplishment
thereof, the Purchaser may, subject to the proviso set forth above, elect to apply the Net Proceeds
to the prepayment of the Installment Payments under the provisions of Section 10.1.
SECTION 6.3. Cooperation of the Bank. The Bank shall cooperate fully with the
Purchaser in filing any proof of loss with respect to any insurance policy covering the events
specified in Section 5.1. In no event shall the Bank or the Purchaser voluntarily settle, or consent
to the settlement of, any proceeding arising out of any insurance claim with respect to the
Equipment without the written consent of the other.
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COVENANTS OF THE PURCHASER
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SECTION 7.1. Access to the Equipment and Inspection. The Bank and its agents and
employees, shall have the right, at all reasonable times during normal business hours of the
Purchaser upon the furnishing of reasonable notice to the Purchaser under the circumstances, to
examine and inspect the Equipment and to examine and copy the books and records of the
Purchaser insofar as such books and records relate to the Equipment. No right of inspection shall
be deemed to impose on the Bank any duty or obligation whatsoever to undertake any inspection,
and no inspection made by the Bank shall be deemed to impose upon the Bank any duty or
obligation to identify any defects in the Equipment or to notify any person with respect thereto.
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SECTION 7.2. Maintenance, Utilities, Taxes and Assessments.
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(a) Subject to the Enforcement Limitation, the Purchaser shall provide for the repair and
replacement of the Equipment required on account of ordinary wear and tear or want of care.
(b) Subject to the Enforcement Limitation, the Purchaser shall also pay, or provide for the
payment of, all taxes and assessments, including, but not limited to, utility charges of any type or
nature levied, assessed or charged against the Equipment; provided, however, that with respect to
special assessments or other governmental charges that may lawfully be paid in installments over
a period of years, the Purchaser shall be obligated to pay only such installments as are required to
be paid as and when the same become due.
(c) The Purchaser may, at the Purchaser’s expense and in its name, in good faith contest
any such taxes, assessments, utility and other charges and, in the event of any such contest, may
permit the taxes, assessments or other charges so contested to remain unpaid during the period of
such contest and any appeal therefrom; provided, however, that prior to such nonpayment, the
Purchaser shall furnish to the Bank an opinion of counsel acceptable to the Bank to the effect
that, by nonpayment of any such items, the interest of the Bank in the Equipment will not be
materially endangered and that the Equipment will not be subject to loss or forfeiture.
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Otherwise, subject to the Enforcement Limitation, the Purchaser shall promptly pay such taxes,
assessments or charges or make provisions for the payment thereof.
SECTION 7.3. Modification of the Equipment. The Purchaser shall, in its sole
discretion and at its own expense, have the right to make additions, modifications and
improvements to the Equipment if such additions, modifications or improvements are necessary
or beneficial for the use of the Equipment. Such additions, modifications and improvements
shall not in any way damage the Equipment (unless such damage is to be repaired as provided in
Section 6.1) or cause the Equipment to be used for purposes other than those authorized under
the provisions of law, and the Equipment, upon completion of any additions, modifications and
improvements made pursuant to this Section, shall be of a value which is not less than the value
of the Equipment immediately prior to the making of such additions, modifications and
improvements. The Equipment, as so modified, shall be subject to the lien of Bank’s security
interest as set forth herein.
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SECTION 7.4. Encumbrances. Except for Permitted Encumbrances, Purchaser shall
not, directly or indirectly, create, incur, assume, suffer or permit to exist any mortgage, pledge,
lien, charge, security interest, encumbrance or claim, as applicable, on or with respect to the
Equipment, including, without limitation, labor or materials furnished in connection with any
additions, modifications or improvements made to the Equipment by Purchaser pursuant to
Section 7.3. Except as expressly provided in this Article and subject to the Enforcement
Limitation, the Purchaser shall promptly, at its own expense, take such action as may be
necessary to duly discharge or remove any such pledge, lien, charge, encumbrance or claim for
which it is responsible if the same shall arise at any time; provided, however, that the Purchaser
may contest any such lien, charge, encumbrance or claim if it desires to do so and if it provides
the Bank with full security against any loss or forfeiture which might arise from the nonpayment
of any such item in form satisfactory to the Bank. Purchaser shall reimburse Bank for any
expense incurred by it in order to discharge or remove any such mortgage, pledge, lien, charge,
security interest, encumbrance or claim.
SECTION 7.5. Indemnification of the Bank. To the extent permitted by law, the
Purchaser covenants to defend, indemnify and hold harmless the Bank and its officers, directors,
members, employees and agents (collectively, the “Indemnified Party”) against any and all
losses, claims, damages or liabilities, joint or several, including fees and expenses incurred in
connection therewith, to which such Indemnified Party may become subject under any statute or
at law or in equity or otherwise in connection with the transactions contemplated by this
Agreement and shall reimburse any such Indemnified Party for any legal or other expenses
incurred by it in connection with investigating any claims against it and defending any actions,
insofar as such losses, claims, damages, liabilities or actions arise out of the transactions
contemplated by this Agreement. In particular, without limitation, the Purchaser shall and
hereby agrees to indemnify and save the Indemnified Party harmless from and against all claims,
losses and damages, including legal fees and expenses, arising out of any breach or default on the
part of the Purchaser in the performance of any of its obligations under this Agreement.
SECTION 7.6. Financial Statements. The Purchaser agrees that it will furnish the
Bank, when the same become available, but in no event later than 180 days after the end of the
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Fiscal Year, its annual audited financial statements and information regarding its annual budget
as submitted or approved.
ARTICLE VIII
ASSIGNMENT, LEASING AND AMENDMENT
SECTION 8.1. Assignment by the Bank. The Bank may assign all or any part of its
interest in the Equipment or this Agreement, including, without limitation, the Bank’s rights to
receive the Installment Payments and any additional payments due and to become due hereunder,
without the prior written consent of the Purchaser.
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SECTION 8.2. Assignment by the Purchaser. (a) This Agreement may not be
assigned by the Purchaser, without the prior written consent of Bank.
(b) The Purchaser may lease the Equipment, subject to all of the following conditions:
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(i) the obligation of the Purchaser to make Installment Payments hereunder shall
remain obligations of the Purchaser;
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(ii) the Purchaser shall within thirty (30) days prior to the execution and delivery
of any such lease, furnish or cause to be furnished to the Bank, a true and complete copy
of the form of such lease; and
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(iii) the lease by the Purchaser shall not cause the Equipment to be used for a
purpose other than a governmental or proprietary function of the Purchaser authorized
under the provisions of the Constitution and laws of the State and shall not cause the
interest component of the Installment Payments to be includable in gross income of the
Bank for federal income tax purposes.
ARTICLE IX
EVENTS OF DEFAULT AND REMEDIES
SECTION 9.1. Events of Default Defined. The following shall be “events of default”
under this Agreement and the terms “events of default” and “default” shall mean, whenever they
are used in this Agreement, any one or more of the following events:
(a) The failure by the Purchaser to pay any Installment Payment required to be paid
hereunder when due.
(b) The occurrence of an Event of Nonappropriation.
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(c) Failure by the Purchaser to observe and perform any warranty, covenant, condition or
agreement on its part to be observed or performed herein or otherwise with respect hereto other
than as referred to in clause (a) or (b) of this Section, for a period of thirty (30) days after written
notice specifying such failure and requesting that it be remedied has been given to the Purchaser
by the Bank; provided, however, that if the failure stated in the notice cannot be corrected within
the applicable period and if corrective action is instituted by the Purchaser within the applicable
period and diligently pursued, the Purchaser shall have such additional period of time to correct
the failure as shall be necessary to correct such failure so long as such correction is diligently
pursued.
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(d) The Purchaser becomes insolvent or the subject of insolvency proceedings; or is
unable, or admits in writing its inability, to pay its debts as they mature; or makes a general
assignment for the benefit of creditors or to an agent authorized to liquidate any substantial
amount of its property; or files a petition or other pleading seeking reorganization, composition,
readjustment or liquidation of assets, or requesting similar relief; or applies to a court for the
appointment of a receiver for it or for the whole or any part of its property; or has a receiver or
liquidator appointed for it or for the whole or any part of its property (with or without the consent
of the Purchaser) and such receiver is not discharged within ninety (90) consecutive days after
his appointment; or becomes the subject of an “order for relief” within the meaning of the United
States Bankruptcy Code; or files an answer to a creditor’s petition admitting the material
allegations thereof for liquidation, reorganization, readjustment or composition or to effect a plan
or other arrangement with creditors or fails to have such petition dismissed within sixty (60)
consecutive days after the same is filed against the Purchaser.
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(e) Any warranty, representation or statement made by the Purchaser herein or any other
document executed and delivered by the Purchaser in connection herewith is found to be
incorrect or misleading in any material respect as of the date made.
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SECTION 9.2. Remedies on Default. Upon the occurrence of any event of default
under Section 9.1, the Bank may, without any further demand or notice, exercise any one or
more of the following remedies:
(a) declare the entire amount of the principal component of the Installment Payments and
the accrued and unpaid interest component to the date of declaration to be immediately due and
payable;
(b) exercise all remedies available at law or in equity and/or in connection with Bank’s
security interest, including sale of the Equipment, and apply the proceeds of any such sale or
other disposition, after deducting all costs and expenses, including court costs and reasonable
attorneys’ fees incurred with the recovery, repair, storage and other sale or other disposition
costs, toward the principal component and accrued and unpaid interest of the balance of
Installment Payments due; and
(c) subject to the Enforcement Limitation, proceed by appropriate court action to enforce
performance by the Purchaser of the applicable covenants of this Agreement or to recover for the
breach thereof.
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NOTWITHSTANDING ANY OTHER PROVISIONS HEREIN, IT IS THE
INTENT OF THE PARTIES HERETO TO COMPLY WITH THE LAWS OF THE
STATE OF NORTH CAROLINA, AS AMENDED. NO DEFICIENCY JUDGMENT
MAY BE ENTERED AGAINST THE PURCHASER IN FAVOR OF THE BANK OR
ANY OTHER PERSON IN VIOLATION OF SAID LAWS, INCLUDING, WITHOUT
LIMITATION, ANY DEFICIENCY JUDGMENT FOR AMOUNTS THAT MAY BE
OWED HEREUNDER WHEN THE SALE OF ALL OR ANY PORTION OF THE
EQUIPMENT IS INSUFFICIENT TO PRODUCE ENOUGH MONEYS TO PAY IN
FULL ALL REMAINING OBLIGATIONS HEREUNDER.
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SECTION 9.3. No Remedy Exclusive. No remedy conferred herein upon or reserved
to the Bank is intended to be exclusive, and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or now or hereafter existing at law or in
equity. To the extent permitted by law, any delay or omission to exercise any right or power
accruing upon any default shall not impair any such right or power nor shall be construed to be a
waiver thereof, but any such right and power may be exercised from time to time and as often as
may be deemed expedient. In order to entitle the Bank to exercise any remedy reserved to it in
this Article, it shall not be necessary to give any notice other than such notice as may be required
in this Article or by law.
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SECTION 9.4. Agreement to Pay Attorneys’ Fees and Expenses. In the event the
Purchaser should default under any of the provisions hereof and the Bank should employ
attorneys or incur other expenses for the collection of moneys or the enforcement of performance
or observance of any obligation or agreement on the part of the Purchaser contained herein, the
Purchaser agrees that it will pay on demand to the Bank, subject to the limitations and provisions
of the laws of the state of North Carolina, as amended, the reasonable fees of such attorneys and
such other expenses so incurred by the Bank. For purposes of this Section, the reasonable fees of
attorneys shall mean attorneys’ fees actually incurred at such attorneys’ standard hourly rate for
such services and shall not be based on any percentage of the outstanding amount due; provided,
however that such attorneys’ fees shall not exceed the maximum amount permitted by law.
SECTION 9.5. No Additional Waiver Implied by One Waiver. In the event any
provision contained in this Agreement should be breached by either party and thereafter waived
by the other party, such waiver shall be limited to the particular breach so waived and shall not
be deemed to waive any other breach hereunder except as may be provided by law.
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ARTICLE X
PREPAYMENT OF INSTALLMENT PAYMENTS
SECTION 10.1. Prepayment of Installment Payments. The Purchaser may prepay, in
whole or in part, the outstanding principal component of the Installment Payments on any date,
upon 30 days’ prior written notice to the Bank (unless otherwise waived by the Bank), at a
prepayment price equal to 100% of the principal component of the Installment Payments to be
prepaid, plus accrued interest thereon to the date of prepayment.
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The Purchaser shall also pay to the Bank a Breakage Fee for each Break Event. For each
date on which a Break Event occurs, a Breakage Fee shall be due only if the rate under “A”
below exceeds the rate under “B” below. The Breakage Fee shall be equal to the Present Value
of [(A-B) x C] + LIBOR Breakage, where “Present Value” shall be determined as of the Break
Date using “B” below as the discount rate. For purposes of determining the Breakage Fee, “A”,
“B” and “C” shall mean as follows:
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“A” shall be a rate per annum equal to the sum of (i) the bond equivalent yield (bid side)
of the United States Treasury security with a maturity closest to the date on which the final
installment payment is due as set forth in Exhibit B attached hereto as reported by the Wall
Street Journal (or other published source) on the date the interest rate paid by the Purchaser
pursuant to this Agreement was set (the “Lock-In Date”) plus (ii) the corresponding swap spread
of the Bank on the Lock-In Date for a fixed rate payor to pay the Bank the fixed rate side of an
interest rate swap of that maturity, plus (iii) 0.25%.
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“B” shall be a rate per annum equal to the sum of (i) the bond equivalent yield (bid side)
of the United States Treasury security with a maturity closest to the date on which the final
Installment Payment is due as set forth in Exhibit B attached hereto as reported by the Wall
Street Journal (or other published source) on the Break Date, plus (ii) the corresponding swap
spread that the Bank determines another swap dealer would quote to the Bank on the Break Date
for paying to the Bank the fixed rate side of an interest rate swap of that maturity.
“C” shall be the sum of the products of (i) each Affected Principal Amount for each
Affected Principal Period, times (ii) the number of days in that Affected Principal Period divided
by 360.
The Purchaser and the Bank agree that Breakage Fees:
(a) are payable as liquidated damages;
(b) are a reasonable pre-estimate of the losses, costs and expenses that the Bank would
incur in the event of any prepayment or acceleration of this Agreement;
(c) are not a penalty;
(d) will not require claim for, or proof of, actual damages; and
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(e) the Bank’s determination thereof shall be conclusive and binding in the absence of
manifest error.
For any Break Event under the terms hereof, the foregoing Breakage Fee provisions
supersede any other breakage compensation agreement that the Purchaser and the Bank may
have executed with respect to this Agreement.
ARTICLE XI
MISCELLANEOUS
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SECTION 11.1. Notices. All notices, certificates or other communications hereunder
shall be sufficiently given and shall be deemed to have been received upon the earlier of actual
receipt or five days after deposit in the United States certified mail (or other mail method
providing written confirmation of receipt), postage prepaid, at the following addresses:
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If to the Purchaser:
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Dare County, NC
211 Budleigh Street
Manteo, North Carolina 27954
Attention: Robert L. Outten, County Manager
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If to the Bank:
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150 Fayetteville Street Mall, Suite 600
Raleigh, North Carolina 27601
Attention: Government and Institutional Banking
The Purchaser and the Bank, by notice given hereunder, may designate different
addresses to which subsequent notices, certificates or other communications will be sent.
SECTION 11.2. Binding Effect. This Agreement shall be binding upon and inure to
the benefit of the Purchaser and the Bank and their respective successors and assigns. Whenever
in this Agreement either the Purchaser or the Bank is named or referred to, such reference shall
be deemed to include the successors or assigns thereof and all the covenants and agreements in
this Agreement contained by or on behalf of the Purchaser or the Bank shall bind and inure to the
benefit of the respective successors and assigns thereof whether so expressed or not.
SECTION 11.3. Severability. In the event any provision of this Agreement shall be
held invalid or unenforceable by a court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
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SECTION 11.4. Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be an original and all of which shall constitute but
one and the same instrument.
SECTION 11.5. Commitment Letter. The terms of this Agreement shall supersede the
terms of the Commitment Letter. To the extent of any conflict between this Agreement and the
Commitment Letter, this Agreement shall take priority.
SECTION 11.6. Applicable Law. This Agreement shall be construed and governed in
accordance with the laws of the State of North Carolina.
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SECTION 11.7. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, PURCHASER BY EXECUTION HEREOF AND BANK BY
ACCEPTANCE HERE, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE
ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY
LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH
THIS AGREEMENT OR ANY OTHER DOCUMENT CONTEMPLATED TO BE
EXECUTED IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF
CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN)
OR ACTIONS OF ANY PARTY WITH RESPECT HERETO. THIS PROVISION IS A
MATERIAL INDUCEMENT TO BANK TO ACCEPT THIS AGREEMENT.
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PURCHASER AND BANK AGREE THAT THEY SHALL NOT HAVE A REMEDY OF
PUNITIVE OR EXEMPLARY DAMAGES AGAINST THE OTHER IN ANY DISPUTE AND
HEREBY WAIVE ANY RIGHT OR CLAIM TO PUNITIVE OR EXEMPLARY DAMAGES
THEY HAVE NOW OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH
ANY DISPUTE WHETHER THE DISPUTE OR RESOLVED BY ARBITRATION OR
JUDICIALLY.
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IN WITNESS WHEREOF, the Purchaser and the Bank have caused this Agreement to be
executed in their respective names by their respective duly authorized officers as of the date first
above written.
PURCHASER:
Dare County, NC
[SEAL]
By:___________________________________
Robert L. Outten, County Manager
Attest:
_______________________________
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BANK:
[SEAL]
By:_________________________________
Kevin R. Harewood, Vice President
Attest:
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_____________________________
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Tracking # 2222474
Deal #1505028 Facility # 1242362
Obligor # 2177050700
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EXHIBIT A
DESCRIPTION OF THE EQUIPMENT
The Equipment consists of all equipment purchased with the proceeds of the
Advancement pursuant to this Agreement, including the following:
15 Patrol Cars
2 residential automated side-loading trash trucks
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1 commercial automated front-loading trash truck
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3 Ambulances
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ALL EQUIPMENT SHALL AT ALL TIMES REMAIN IN THE JURISDICTION OF
DARE COUNTY, NC.
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EXHIBIT B
Dare County, NC
Rate Period: Monthly
Nominal Annual Rate: 1.800 %
CASH FLOW DATA
1
2
Event
Loan
Payment
Date
02/14/2011
05/14/2011
Amount
1,425,000.00
122,252.03
Number
1
12
Period
End Date
Quarterly
02/14/2014
Interest
122,252.03
122,252.03
122,252.03
366,756.09
6,412.50
5,891.22
5,367.60
17,671.32
115,839.53
116,360.81
116,884.43
349,084.77
122,252.03
122,252.03
122,252.03
122,252.03
489,008.12
4,841.62
4,313.27
3,782.55
3,249.43
16,186.87
117,410.41
117,938.76
118,469.48
119,002.60
472,821.25
958,504.82
840,566.06
722,096.58
603,093.98
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Payment
Principal
Balance
1,425,000.00
1,309,160.47
1,192,799.66
1,075,915.23
02/14/2012
05/14/2012
08/14/2012
11/14/2012
8
9
10
11
2013 Totals
02/14/2013
05/14/2013
08/14/2013
11/14/2013
122,252.03
122,252.03
122,252.03
122,252.03
489,008.12
2,713.92
2,176.00
1,635.66
1,092.89
7,618.47
119,538.11
120,076.03
120,616.37
121,159.14
481,389.65
483,555.87
363,479.84
242,863.47
121,704.33
12
2014 Totals
02/14/2014
122,252.03
122,252.03
547.70
547.70
121,704.33
121,704.33
0.00
1,467,024.36
42,024.36
1,425,000.00
Grand Totals
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4
5
6
7
2012 Totals
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Loan
1
2
3
2011 Totals
Date
02/14/2011
05/14/2011
08/14/2011
11/14/2011
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AMORTIZATION SCHEDULE - U.S. Rule (no compounding), 360 Day Year
Last interest amount increased by 0.03 due to rounding.
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EXHIBIT C
FORM OF REQUISITION
Re: Disbursement from the Equipment Fund pursuant to Section 3.4 of the Installment
Financing Agreement, dated as of _______________(the “Agreement”), between the
__________________________(the “Purchaser”) and Wells Fargo Bank, N.A. (the
“Bank”)
REQUISITION NO. ______
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The Purchaser intends to reimburse itself or to pay to
Amount; Payee.
_____________________ for ____________________________________________________,
$______________ as an [Equipment cost/Closing Cost] from the Equipment Fund as provided in
Section 3.4 of the Agreement [by wire transfer] [by check]. This [Equipment cost/Closing Cost]
has been properly incurred, is a proper charge against the Equipment Fund and has not been the
basis of any previous disbursements.
Very truly yours,
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Sufficiency of Remaining Moneys. The amount remaining in the Equipment Fund,
together with interest earnings thereon and any other available funds of the Purchaser, will, after
payment of the amount set forth in this requisition, be sufficient to pay all remaining Equipment
costs and Closing Costs for the Equipment as presently estimated.
__________________________________
Title:______________________________
Date:______________________________
The Bank hereby agrees to payment of the foregoing amounts from the Equipment Fund.
By:________________________
Title:_______________________
Date:_______________________
RALEIGH/303396 v.2
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TAX CERTIFICATE
I, Robert L. Outten, County Manager for Dare County, NC (the “Purchaser”), being duly
charged with others with responsibility for executing and delivering an Installment Financing
Agreement, dated as of the date hereof (the “Agreement”), between Purchaser and Wells Fargo Bank,
N.A. (the “Bank”), DO HEREBY CERTIFY, pursuant to Sections 103 and 148 of the Internal
Revenue Code of 1986, as amended (the “Code”), and the proposed, temporary and final Treasury
Regulations promulgated thereunder, as follows:
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1. This certificate is being executed and delivered for the purpose of establishing the
reasonable expectations of the Purchaser as to future events regarding the financing of certain
The undersigned has been duly
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equipment by the Purchaser as described in the Agreement.
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authorized to execute and deliver this certificate on behalf of the Purchaser.
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2. To the best of my knowledge, information and belief, the expectations contained in this
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certificate are reasonable.
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3. The Agreement is being entered into for the purpose of providing certain funds for
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financing the cost of acquiring certain vehicles, equipment, and/or personal property which are
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essential to the governmental functions of the Purchaser (the “Equipment”). Such funds will be
deposited in escrow with the Bank as specified in paragraph 4 below pending disbursement for the
purposes specified in paragraph 4 below. No portion of such funds or any amounts received from the
investment thereof will be used as a substitute for other funds of the Purchaser that were otherwise to
be used as a source of purchasing the Equipment and that have been or will be used to acquire
directly or indirectly investment property producing a yield in excess of the yield under the
Agreement.
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4. The funds to be advanced by the Bank to the Purchaser pursuant to the Agreement is
$1,425,000.00 which will be deposited on the date hereof in the Equipment Fund (as defined in the
Agreement). The funds deposited in the Equipment Fund, and the reasonably anticipated investment
earnings thereon, are expected to be needed and fully expended for payment of (a) the costs of
acquiring the Equipment, (b) the interest portion of the installment payments under the Agreement
during the acquisition of the Equipment, and/or (c) the financing costs incurred in connection with
the financing. Such funds, and reasonably anticipated investment earnings thereon, do not exceed the
total amount necessary for the foregoing purposes.
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5. The Purchaser hereby represents that (a) the Purchaser is a governmental unit with
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general taxing powers, (b) the obligations represented by the Agreement do not constitute private
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activity bonds within the meaning of the Code, (c) 95% or more of the net proceeds provided to the
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Purchaser under the Agreement are to be used for local governmental activities of the Purchaser and
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(d) the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued
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expected to exceed $10,000,000.
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by the Purchaser (and all subordinate entities thereof) during calendar year 2011 is not reasonably
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6. Pending expenditure, the funds deposited in the Equipment Fund and the investment
earnings thereon will be invested as provided in paragraph 8 below.
7. The Agreement provides that the $1,425,000.00 deposited in the Equipment Fund will be
used to pay the costs described in paragraph 4 above. Further, it is anticipated that such amount will
be invested until payment of such costs is due. Any amounts earned from the investment of these
funds are expected to be used to pay all or a part of the costs described in paragraph 4 above. The
Purchaser hereby covenants that it will not make any use of such funds or the investment earnings
thereon which will result in the Purchaser’s obligations under the Agreement being treated as an
“arbitrage bond” or a “federally guaranteed bond” within the meaning of Section 148(a) or Section
149(b) of the Code respectively. The Purchaser hereby further covenants that it will fully comply
with the applicable rebate requirements under Section 148(f) of the Code.
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8. The amounts deposited in the Equipment Fund may be invested at an unrestricted yield
until expended for the purpose specified in paragraph 4 above, but in no event for a period in excess
of three years from the date hereof. Investment earnings derived from such amounts may be invested
at an unrestricted yield for a period not to exceed three years from the date hereof or one year from
the date of receipt, whichever period is longer. After the expiration of such periods, such amounts
will not be invested in excess of the yield under the Agreement.
9.
(a) The portion of the Purchaser’s general fund or any other fund or account that is
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reasonably expected to be used to make the installment payments under the Agreement is collectively
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referred to as the “Sinking Fund.” Amounts deposited to the credit of the Sinking Fund will be used
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primarily to achieve a proper matching of the revenues of the Purchaser and the installment payments
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under the Agreement within each fiscal year, and amounts deposited to such fund will be expended to
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pay such installment payments at least once a year except for any balance therein which, in the
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aggregate, will not exceed the greater of (i) the earnings on the fund for the immediately preceding
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preceding year.
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year or (ii) one-twelfth (1/12) of the installment payments under the Agreement for the immediately
(b) There are no funds or accounts which have been or will be established by the Purchaser,
other than the Sinking Fund, which are reasonably expected to be used to make installment payments
under the Agreement, or which are pledged as collateral for such installment payments and for which
there is a reasonable assurance that amounts therein will be available to pay such installment
payments if the Purchaser encounters financial difficulties.
(c) Amounts deposited in the Sinking Fund may be invested at an unrestricted yield for a
period not exceeding thirteen months from the date of deposit of such amounts to the Sinking Fund.
Earnings on such amounts that are retained in such Fund may be invested at an unrestricted yield for
a period not exceeding one year from the date of receipt of the amount earned.
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10. There are no other governmental obligations of the Purchaser that (a) have been or will
be sold within 15 days before or after the date of delivery of the Agreement, (b) are being sold
pursuant to the same plan of finance together with the Agreement and (c) are reasonably expected to
be paid from substantially the same source of funds as the Agreement.
11. The Purchaser has caused to be entered into, or reasonably expects to cause to be entered
into within six months from the date hereof, binding contracts or commitments obligating the
expenditure of not less than $1,425,000.00 toward the purchase of the Equipment. The Purchaser
reasonably expects that not less than 85% of the amounts deposited in the Equipment Fund will be
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expended for the paying the costs of the Equipment within three years from the date hereof. The
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acquisition of the Equipment will proceed with due diligence to the completion thereof.
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12. The Purchaser reasonably expects that 50% or less of the amounts deposited in the
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Equipment Fund will be invested in nonpurpose investments (as defined in Section 148(f)(6)(A) of
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the Code) having a substantially guaranteed yield for four years or more.
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13. The Purchaser does not expect to sell or otherwise dispose of any property compromising
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a part of the Equipment prior to the final installment payment under the Agreement, except such part
course of business.
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thereof as may be disposed of due to normal wear, obsolescence or depreciation in the ordinary
14. No part of the proceeds of the Agreement or the Equipment will be used in any “private
business use” within the meaning of Section 141(b)(6) of the Code.
15. Based on the Purchaser’s prior financing practices and experience, the Purchaser
considers that the scheduled payments under the Agreement are reasonable and that such payments
do not have a term longer than is reasonably necessary to carry out the governmental purpose for
which the Agreement is being executed and delivered. The term of the Agreement does not exceed
120% of the expected weighted average economic life of the Equipment.
16. Amounts withdrawn and allocated by an entry on the books or records of the Purchaser to
reimburse the Purchaser either for specified prior capital expenditures heretofore paid by the
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Purchaser in connection with the Equipment, or to reimburse the fund or account from which such
prior capital expenditures were paid, are treated as an expenditure of such withdrawn amounts on the
date such reimbursement allocation is made, and after the date of such reimbursement allocation,
such amounts may be invested without regard to yield and may be utilized for any lawful purpose,
subject to the restrictions set forth below. Allocations made within 30 days of the date hereof may be
treated as made on the date hereof.
Prior to or within 60 days of expending any of its own funds to pay for a portion of the
Equipment which is to be reimbursed with the proceeds of the Agreement or investment earnings
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thereon, the Purchaser took all action necessary to declare its official intent to reimburse such costs
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pursuant to Treasury Regulation Section 1.150-2, as evidenced by a resolution adopted by the
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Purchaser on ________________________. All costs of the Equipment to be reimbursed with
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proceeds of the Agreement or investment earnings thereon will have been paid by the Purchaser on
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or after a date which is no earlier than 60 days prior to ___________________ (except for certain
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preliminary expenditures described in Treasury Regulation 1.150-2). Any reimbursement allocation
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by the Purchaser will be made not later than three years after the later of (a) the date the original
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expenditure is paid and (b) the date that the portion of the Equipment for which the reimbursement is
made is placed in service or abandoned.
Notwithstanding the use of certain of the proceeds of the Agreement to reimburse the
Purchaser for prior costs, the Purchaser certifies that within one year after the reimbursement
allocation, funds corresponding to the proceeds of the Agreement for which a reimbursement
allocation is made will not be used in a manner that results in the creation of replacement proceeds of
the Agreement or any other issue, other than amounts deposited in a bona fide debt service fund.
17. The Purchaser hereby represents that it reasonably expects that it and all entities issuing
obligations on behalf of the Purchaser and all subordinate entities of the Purchaser will not issue in
the aggregate more than $10,000,000 of tax-exempt obligations (not counting private activity bonds
except for qualified 501(c)(3) bonds as defined in the Code) during calendar year 2011. In addition,
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the Purchaser has designated each of the Installment Payments as a “qualified tax-exempt obligation”
for the purposes of Section 265(b)(3) of the Code.
WITNESS my hand this ________ day of February, 2011.
Dare County, NC
By: ____________________________________
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Robert L. Outten, County Manager
RALEIGH/303498 v.2
Tracking #2222474, deal #1505028, fac #1242362
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ESSENTIAL USE LETTER
February ____, 2011
Government and Institutional Banking
150 Fayetteville Street Mall, Suite 600
Raleigh, North Carolina 27601
Ladies and Gentlemen:
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This letter is being written with respect to the use of the Equipment (herein so called and as defined in the
hereinafter referred to Contract) to be purchased by the undersigned with funds provided by us under the
Installment Financing and Security Agreement Contract, dated as of February ___, 2011 (the "Contract"),
between the undersigned and yourselves. The Equipment will be used by Dare County, NC (the “Purchaser”)
for the following purposes:
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________________________________________________________________________________
________________________________________________________________________________
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(State how and for what purposes the Equipment will be used)
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The undersigned hereby represents that the Equipment is essential to its proper, efficient and
economic operation; that it anticipates an ongoing need for the Equipment; that the Equipment will provide an
essential use and permit the Purchaser to carry out public functions that it is authorized by law to perform; and
that it reasonably believes that funds in an amount sufficient to make all Installment Payments (herein so
called and as defined in the Contract) under the Contract will be available.
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Nothing contained in this letter shall be construed as contractually obligating or otherwise binding the
Purchaser it being expressly stated that any and all obligations by the Purchaser with respect to the Equipment
and the Installment Payments are limited to those expressly set forth in and accepted pursuant to the terms of
the Contract.
Very truly yours,
_______________________________________
By:
Title:
Tracking #2222474
Deal id#1505028, Fac id#1242362
Obligor #2177050700
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INCUMBENCY AND AUTHORIZATION CERTIFICATE
In connection with the execution and delivery by Dare County, NC (the “Purchaser”) of
an Installment Financing and Security Agreement, dated February _____, 2011 (the
“Agreement”), between the Purchaser and Wells Fargo Bank, N.A., I,____________________,
________________ of the Purchaser, DO HEREBY CERTIFY as follows:
1. The Purchaser is a municipal corporation organized and existing under the
Constitution and the laws of the State of North Carolina.
2. As of the date hereof, the persons named in paragraph 4 below hold the positions
listed opposite their names.
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3. The persons named below were authorized by a resolution of the Purchaser passed in a
regular meeting held on_______________________, to execute and deliver on behalf of the
Purchaser the Agreement, together with all other documents and instruments required and
contemplated by the Agreement, and to carry out the terms of the foregoing, all in accordance
with applicable laws governing the Purchaser. Attached hereto is a true, complete and accurate
copy of such resolution. Such resolution has not been amended, rescinded, terminated or
otherwise revoked and is in full force and effect.
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4. The signatures set opposite the names and positions of the persons named below are
such person true and authentic signatures:
Name
Signature
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Position
County Manager
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Robert L. Outten
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________________________
________________________
5. The official seal of the Purchaser, being the only seal used by the Purchaser in the
execution of bonds, notes and contracts, is the seal an impression of which is affixed opposite my
signature on this certificate.
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WITNESS my hand and the official seal of the Purchaser as of the ____ day of February ,
2011.
Dare County, NC
By: __________________________
Name:________________________
Title: ________________________
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RALEIGH/303507 v.1
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Form
8038-G
Information Return for Tax-Exempt Governmental Obligations
©
Under Internal Revenue Code section 149(e)
© See separate instructions.
Caution: If the issue price is under $100,000, use Form 8038-GC.
(Rev. May 2010)
Department of the Treasury
Internal Revenue Service
Part I
Reporting Authority
OMB No. 1545-0720
If Amended Return, check here
1
Issuer’s name
3
Number and street (or P.O. box if mail is not delivered to street address)
5
©
2
Issuer’s employer identification number (EIN)
4
Report number (For IRS Use Only)
City, town, or post office, state, and ZIP code
6
Date of issue
7
Name of issue
8
CUSIP number
9
Name and title of officer of the issuer or other person whom the IRS may call for more information
Room/suite
3
10
Telephone number of officer or other person
(
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13
14
15
16
17
18
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©
©
©
(a) Final maturity date
21
(d) Weighted
average maturity
(e) Yield
years
$
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Uses of Proceeds of Bond Issue (including underwriters’ discount)
22
23
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Proceeds used for accrued interest
Issue price of entire issue (enter amount from line 21, column (b))
24
Proceeds used for bond issuance costs (including underwriters’ discount)
25
Proceeds used for credit enhancement
26
Proceeds allocated to reasonably required reserve or replacement fund
27
Proceeds used to currently refund prior issues
28
Proceeds used to advance refund prior issues
Total (add lines 24 through 28)
Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here)
Part V
31
32
33
34
(c) Stated redemption
price at maturity
(b) Issue price
$
Part IV
22
23
24
25
26
27
28
29
30
G
Description of Obligations. Complete for the entire issue for which this form is being filed.
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Part III
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Education
Health and hospital
Transportation
Public safety
Environment (including sewage bonds)
Housing
Utilities
Other. Describe ©
If obligations are TANs or RANs, check only box 19a
If obligations are BANs, check only box 19b
If obligations are in the form of a lease or installment sale, check box
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11
12
13
14
15
16
17
18
19
)
Type of Issue (enter the issue price) See instructions and attach schedule
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Part II
Enter
Enter
Enter
Enter
29
30
Description of Refunded Bonds (Complete this part only for refunding bonds.)
the
the
the
the
remaining weighted average maturity of the bonds to be currently refunded
remaining weighted average maturity of the bonds to be advance refunded
last date on which the refunded bonds will be called (MM/DD/YYYY)
date(s) the refunded bonds were issued © (MM/DD/YYYY)
For Privacy Act and Paperwork Reduction Act Notice, see separate instructions.
148
years
years
©
©
©
Cat. No. 63773S
Form
8038-G
(Rev. 5-2010)
Form 8038-G (Rev. 5-2010)
Part VI
Page
2
Miscellaneous
35
35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5)
36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
36a
(GIC) (see instructions)
©
b Enter the final maturity date of the GIC
37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other
37a
governmental units
©
b If this issue is a loan made from the proceeds of another tax-exempt issue, check box
and enter the name of the
issuer ©
and the date of the issue ©
©
38 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box
©
39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box
©
40 If the issuer has identified a hedge, check box
Signature of issuer’s authorized representative
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Type or print name and title
Check if
self-employed
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©
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Firm’s name (or
yours if self-employed),
address, and ZIP code
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©
Date
T
Preparer’s
signature
©
Date
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©
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Paid
Preparer’s
Use Only
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary
to process this return, to the person that I have authorized above.
D
Signature
and
Consent
Preparer’s SSN or PTIN
EIN
Phone no.
(
Form
)
8038-G
(Rev. 5-2010)
[Letterhead of Purchaser’s Attorney]
[Date]
[Purchaser]
$___________________Installment Financing Agreement between [Purchaser]
and Wells Fargo Bank, N.A.
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I am the Attorney for [the Purchaser] (the “Purchaser”) and have served in such capacity
in connection with its authorization, execution and delivery of an Installment Financing and
Security Agreement, dated _________ (the “Agreement”), between the Purchaser and Wells
Fargo Bank, N.A. (the “Bank”).
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In connection with rendering this opinion, I have reviewed (a) the Constitution and laws
of the State of _________________, (b) certain proceedings taken by the governing body of
Purchaser (the “_____________”) at a meeting held on ______________, evidencing the
adoption of a resolution authorizing the Agreement (the “Resolution”), (c) an executed copy of
the Agreement and (d) such other information and documents as we have deemed appropriate.
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Based on the foregoing, I am of the opinion, as of the date hereof and under existing law,
that:
1. The Purchaser is a municipal corporation validly existing under the laws of the State
of _________________.
2. The Resolution has been duly adopted by the governing body of Purchaser and has not
been amended or repealed and remains in full force and effect. The Purchaser has complied with
the [insert state] laws in regard to the adoption of the Resolution.
3. The Agreement has been duly authorized, executed and delivered by the Purchaser
and, assuming due authorization, execution and delivery of the Agreement by the Bank,
constitutes a valid and binding obligation of the Purchaser enforceable in accordance with its
terms.
4. To the best of my knowledge after reasonable investigation, all permits, consents,
approvals or authorizations of all governmental entities and regulatory bodies, and all filings and
notices required on the Purchaser’s part to have been obtained or completed as of the date hereof
100368
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[Date]
Page 2
in connection with the authorization, execution and delivery of the Agreement, the
consummation of the transactions contemplated thereby and the acquisition of the equipment
being financed by the Agreement have been obtained and are in full force and effect, and we
know of no reason why any further permits, consents, approvals, authorizations or orders with
respect to the acquisition and use of such equipment as contemplated by the Agreement cannot
be obtained as needed.
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5. Neither the execution and delivery of the Agreement and the consummation of the
transactions contemplated thereby, nor the fulfillment of or compliance with the terms and
conditions of the Agreement, constitutes a violation of any provision of law governing the
Purchaser nor, to the best of my knowledge after reasonable investigation, results in a breach of
the terms, conditions or provisions of any contract, agreement or instrument or order, rule or
regulation to which the Purchaser is a party or by which the Purchaser is bound.
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6. To the best of my knowledge after reasonable investigation, there is no litigation or
any governmental administrative proceeding to which the Purchaser (or any official thereof in an
official capacity) is a party that is pending or threatened with respect to (a) the Purchaser’s
organization or existence, (b) its authority to execute and deliver the Agreement or to adopt the
Resolution or to comply with the terms thereof, (c) the validity or enforceability of the
Agreement or the transactions contemplated thereby, (d) the title of the Purchaser officers who
executed the Agreement, (e) any authority or proceedings relating to the Purchaser’s adoption of
the Resolution or its execution or delivery of the Agreement, or (f) the undertaking of the
transactions contemplated by the Agreement.
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The opinions expressed above are subject to the enforceability of the Agreement and the
obligations of the Purchaser thereunder are subject to bankruptcy, insolvency, reorganization,
moratorium and other laws affecting creditors’ rights generally and by general equitable
principles.
This opinion is for the sole benefit of, and may be relied upon only by, you and any
permitted assignee of the Bank under the Agreement.
Very truly yours,
RALEIGH/303503 v.1
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Keeping Your Information Safe and Secure
Highlights Of Our Commitment To You
We do not sell customer information to third parties.
We do not share customer information with outside
parties who may wish to market their products to you.
We safeguard your customer information carefully.
We are committed to protecting your customer
information in every transaction, at every level of our
organization.
We are committed to helping you protect your privacy every day.
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You have choices about how we share your information within Wells Fargo and
Wachovia and how we contact you for marketing purposes. See inside for
information about how to contact us and record your preferences.
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This brochure includes the Privacy Policy for Wells Fargo and Wachovia
Companies. For consumer accounts, this Policy describes how we use and
protect customer information. This Policy also describes how we use and protect
information provided by individuals in connection with business accounts, loans
and leasing programs and provided by individuals associated with dealers
participating in sales finance programs (called “customers” for purposes of this
brochure). We believe that protecting your privacy is anintegral part of the
customer service we provide to you.
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How We Protect And Use Customer Information
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1. We are committed to protecting the security and integrity of customer
information through procedures and technology designed for this purpose.
We limit employee access to customer information to those who have a business
reason to know. Employees are required to honor our code of conduct, which
includes standards for protecting customer confidentiality.
We maintain policies and procedures covering the proper physical security of
workplaces and records.
Our physical, electronic, and procedural safeguards meet or exceed federal
standards regarding the protection of customer information.
We require contractors and outside companies who work with us to adhere to
strict privacy standards through their contracts with us.
2. We collect and maintain customer information as part of servicing your
account and your customer relationship.
■
572199 (Rev 4.0)
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Privacy Statement.doc
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Privacy Policy for Wells Fargo and Wachovia Companies
In the course of serving you, we collect information about you from a variety of
sources, such as:
Information you provide to us on applications or forms, such as your income
and accounts with others;
Information we receive from an outside company, such as a credit bureau,
regarding your credit history or employment status; or
Information about your transactions or experiences with companies affiliated
with Wells Fargo & Company (these include Wells Fargo and Wachovia
companies).
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3. The customer information we collect is used to service your accounts and
meet your financial needs.
Information may be used among the Wells Fargo and Wachovia companies, as well
as with authorized third parties (described in section 4), for a number of purposes,
such as:
To protect your accounts from unauthorized access or identity theft.
To process your requests such as loan applications, purchases, and ATM
withdrawals.
To service your accounts by issuing checks, ATM cards, and account
statements.
To keep you informed about financial services of interest to you.
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4. We do not share customer information with outside parties who may wish to
market their products to you.
We may disclose the information we collect to non-affiliated third parties that are
acting on our behalf, or as permitted or required by law, including:
Companies that perform support services for us, such as data processors,
technical systems consultants, or check printers.
Companies that help us market products and services to you, conduct
surveys or provide marketing research.
Government entities, courts or other entities (in response to subpoenas and
other legal processes), or those with whom you have requested us to share
information.
Important Notice about Credit Reporting: We may report information
about your account(s) to credit bureaus and/or consumer reporting
agencies. Late payments, missed payments, or other defaults on your
account(s) may be reflected in your credit report and/or consumer
report.
5. Your choices for information sharing and marketing.
We may disclose all of the information we collect, as described above, within
the affiliated Wells Fargo and Wachovia companies, which include
administrative and service units, consumer bankers, mortgage lenders,
consumer lenders, securities broker-dealers, insuranceagencies, and real
estate brokerage companies. These companies include Wells Fargo Bank,
N.A., Wachovia Bank, N.A.,Wells Fargo Insurance, Inc., Wells Fargo
572199 (Rev 4.0)
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Insurance Services, Inc., Wells Fargo Investments, L.L.C. and Wells Fargo
Advisors, L.L.C.
By law, information that is derived from your transactions and experiences
with us may be shared among the Wells Fargo and Wachovia companies (a)
for purposes other than direct marketing, and (b) unless you instruct us
otherwise, for direct marketing purposes.
If you choose to limit information sharing, we will not share personal financial
information about you among affiliates (other than information derived from
your transactions and experiences with Wells Fargo and Wachovia
companies) for any purpose, except as permitted by law. In addition, if you
select that option, we will limit affiliates’ use of transaction, experience and
other personal financial information about you for direct marketing purposes.
However, your choice regarding the use of certain information for marketing
purposes does not apply to any Wells Fargo or Wachovia company that has
an existing business relationship with you or where the use is otherwise
permitted by law. To opt out of information sharing and marketing, use one of
the methods described below. Your election will apply until you tell us to
change your choice.
Telephone and mail preferences. In addition to information sharing
preferences, you may request that we not contact you for marketing purposes
by telephone. For consumer accounts, this election will be effective while you
are an active customer or a minimum of five years. For business accounts,
this election will be effective for five years from the date the election is
received. You may also request that we not contact you for marketing
purposes by mail. For all accounts, this election will be effective for three
years.
Communicate your information sharing, telephone and mail preferences
in any of the following ways:
Wells Fargo customers
Call 1-888-528-8460
Online banking customers log on to a secure session at
wellsfargo.com, and choose “Change Privacy Preferences” under
the “Account Services” tab.
Wachovia customers
Call 1-866-203-5722 (Command Asset Program, IRA, Brokerage
and Insurance customers call 1-877-358-1114).
Complete the Consumer Privacy Preference Form at
wachovia.com/privacy.

572199 (Rev 4.0)
Customers with accounts at both Wells Fargo and Wachovia may call
either Wells Fargo or Wachovia. Your preference will apply to all
consumer accounts linked to your personal record. For joint accounts, any
account holder may express a privacy preference on behalf of the other
joint account holders.
Do Not Call Policy: This Privacy Policy constitutes Wells Fargo and
Wachovia’s Do Not Call Policy under the Telephone Consumer Protection Act
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for all consumers. Wells Fargo and Wachovia maintain an internal Do Not
Call preference list. Do Not Call requests will be honored within 30 days and
will be effective for at least five years from the date of request. No
telemarketing calls will be made to residential or cellular phone numbers that
appear on the Wells Fargo and Wachovia Do Not Call list.
As a customer, please note that if you choose not to receive solicitations by
mail or any other channel, you may continue to receive marketing information
about Wells Fargo and Wachovia products or services in regular account
mailings and statements, when you visit us online or at an ATM. You may
also receive survey calls.
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6. State Laws, Trust Accounts.
Some state laws may impose additional restrictions on disclosure of
information on customers for certain purposes in those states.
Nevada Residents – Nevada Statute Section 228.600(3) allows
marketing calls to our existing customers listed on the National Do Not
Call Registry. If you prefer not to receive marketing calls from us, you may
be placed on our Internal Do Not Call list by following the instructions in
the “Your Choices” section 5 above. or writing to:
Wells Fargo Operations, P.O. Box 5277, Sioux Falls, SD 571175277.
For more information contact us at the address above, or email:
[email protected] and include “Nevada Annual
Notice” in the subject line of your email.
You may also contact the Nevada Attorney General’s office: Bureau
of Consumer Protection Office of the Nevada Attorney General 555
E. Washington Street, Suite 3900 Las Vegas, NV 89101 Phone:
(702) 486-3132 Email: [email protected]
Vermont Residents – In accordance with Vermont law, we will not share
personal financial information about you, other than transaction and
experience information, with other Wells Fargo and Wachovia companies
for any purpose, nor will we share any personal financial information about
you with other Wells Fargo and Wachovia companies for marketing
purposes.
Trust accounts, for which Wells Fargo or Wachovia is the trustee, are
protected under special rules of confidentiality, and trust account
information is not shared for marketing purposes without specific consent.
Tips To Help You Protect Your Personal Information
Carry only necessary information with you. Leave your Social Security
card and unused credits cards at home in a safe location.
Make photocopies of vital information you carry regularly and store them
in a secure place, such as a safe deposit box.
Do not provide your Social Security Number unless absolutely necessary.
572199 (Rev 4.0)
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Shred documents containing personal or financial information before
discarding. Fraud and identity theft often occurs as a result of mail and
garbage theft.
Place outgoing mail in a U.S. Postal Service mailbox to reduce the chance
of mail theft.
Promptly retrieve incoming mail to reduce the opportunity for theft.
Monitor your credit report for accuracy. By law, you are entitled to receive
one free credit file disclosure every 12 months from each of the nationwide
consumer credit reporting companies. To learn more or request a copy of
your credit report, visit annualcreditreport.com or call
1-877-322-8228.
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Assistance To Victims Of Identity Theft
Contact us immediately if you suspect that someone has had unauthorized access to
your Wells Fargo or Wachovia account, or access to your personal identifying
information such as your Social Security Number or credit card information. We will take
action to protect your accounts. Wells Fargo customers call 1-800-TO-WELLS (1-800869-3557), notify us online at wellsfargo.com, or visit us at your nearest Wells Fargo
location. Wachovia customers please call 1-888-647-3648. In addition, you should also
report the crime to your local law enforcement agency and to the Federal Trade
Commission (FTC). To speak with a trained FTC telephone counselor, call toll-free at
1-877-IDTHEFT (1-877-438-4338). To enter information about your complaint into a
secure FTC online database, sign onto www.ftc.gov/idtheft. The site also provides links
to numerous consumer education materials.
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Unsolicited Credit Offers
If you want to reduce the number of credit offers you receive, contact the National
Consumer Credit Reporting Agencies at 1-888-567-8688 (1-888-5-OPTOUT) or visit
www.optoutprescreen.com for details. Financial institutions and other companies
provide information to the Credit Bureaus for credit verification, fraud control purposes,
and prevention of identity theft. You may direct these agencies not to sell or share this
information about you for marketing purposes.
Customer Service
If you have questions about your account or would like more information about Wells
Fargo products and services please call us at 1-800-TO-WELLS (1-800-869-3557), or
write to the address listed on your account statement. More information is available at
wellsfargo.com. You may also write to us at Wells Fargo Operations Center, MAC
#N9777-111, P.O. Box 5277, Sioux Falls, SD 57117-5277
Wachovia customers please visit the web site at wachovia.com/privacy, or call 1-866203-5722 to speak to a representative. Command Asset Program, IRA, Brokerage and
Insurance customers please call 1-877-358-1114.
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This document applies to (1) consumers who have, or have had, a customer
relationship or have made an inquiry or application, and (2) individuals who have
provided personal information in connection with business accounts, loans, and leasing
programs or individuals associated with dealers participating in sales finance programs;
and where the consumer relationship, inquiry, application, or personal information is
provided to one or more of the banks and companies with “Wells Fargo” or “Wachovia”
in their names, as well as: WF National Bank South Central; Norwest Auto Finance,
Inc.; Wells Fargo Investments doing business as Ragen MacKenzie; Flatiron Capital
Corp.; NowLine and Tower Pension Specialists, Inc.; American Mortgage Network, Inc.,
doing business as Vertice, but NOT including (a) any non-bank company with “Wells
Fargo Financial” in its name, (b) Wells Fargo Financial National Bank or (c) any
insurance company, insurance agency, or insurance brokerage or other company,
which has its own privacy disclosures. Effective on or about March 20, 2010, Wachovia
Bank, N.A. and Wachovia Bank of Delaware, N.A. will become Wachovia Bank, a
division of Wells Fargo Bank, N.A.
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Additional privacy provisions apply to the use of Wells Fargo’s and Wachovia’s online
services. See wellsfargo.com/privacy_security and
wachovia.com/privacyandsecurity for more information.
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The policies and practices described in this disclosure are subject to change, but we will
communicate any significant changes to you as required by law. The policies and
practices described in this disclosure replace all previous notices or statements
regarding this subject.
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Si usted desea una traducción completa en español de las Normas de Privacidad de
Wells Fargo, por favor pida una copia en su sucursal local de Wells Fargo o escriba a:
Wells Fargo Operations Center, MAC #N9777-111, P.O. Box 5277, Sioux Falls, SD
57117-5277.
© 2009 Wells Fargo & Company. All rights reserved.
MKT6819 (10-09)
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Amendment to Capital Project Ordinance
for
Emergency Communications System
BE IT ORDAINED by the Board of Commissioners of the County of Dare, North Carolina that, pursuant to
Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the capital project ordinance,
originally adopted on December 7, 2009, and amended on August 16, 2010and December 12, 2010, is
hereby amended as follows:
Section 1
This ordinance is to amend the budget for an emergency communications system, the
contract for which was approved by the Board of Commissioners on October 27, 2009. This amendment is
for the first 7 months of Ethernet service from the 911 Center to the East Lake tower ($5,100). (Costs
beginning 7/1/2011 will have to be covered through the operating budget.) This ordinance also budgets
$15,842 for an AECOM maintenance consulting contract approved in January. Remaining project
contingency after these items is $440,395.
The following budget shall be conducted within the Capital Projects Fund (fund
Section 2
#61)(project #60043).
The following amounts are appropriated for the project:
Section 3
Project contingency
Owner costs
Project contingency
Owner costs
615526-750000-60043
615526-737002-60043
615526-750000-60043
615526-737002-60043
$5,100
$5,100
$15,842
$15,842
decrease
increase
decrease
increase
The Finance Officer is directed to report, on a monthly basis, the financial status of the
Section 4
project as a part of the normal monthly reporting process.
Section 5
Copies of this capital project ordinance shall be furnished to the Budget Officer, the
Finance Officer and to the Clerk to the Board of Commissioners.
Adopted this 7th day of February 2011.
___________________________________________
Chairman, Board of Commissioners
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Katie VanLear, Clerk to the Board of Commissioners
share:/capital project ordinances/2010CIP/CIP 2010 CPO 2 7 11 EC Sys.docx
158
Consent Agenda
Description
1. Approval of Minutes (1.18.11); 2. New Position - Community Programs Coordinator (Sheriff's Office)
3. Budget Amendment - Sheriff's Office Part-time Salaries; 4. Budget Amendment - Bowsertown Landfill
Phase 3; 5. Crisis Intervention Program Budget Amendment; 6. Social Services Department of
Transportation Budget Amendment; 7. Budget Amendment - Elections - HAVA Funding;
8. Dare County Dept. of Public Health - H1N1 Budget Amendment; 9. Budget Amendment - Dare County
Transportation System; 10. Budget Amendment - Golden LEAF Foundation - Outer Banks Catch;
11. Advertise 2010 Tax Year Liens; 12. Road Request - Summerplace Drive, Hatteras, N.C.
Item Presenter
Approval of Consent Agenda
160
COUNTY OF DARE, NORTH CAROLINA
District 1: Roanoke Island & Mainland; Dist 2: Nags Head, Colington, Kill Devil Hills; Dist. 3: Kitty Hawk,
Southern Shores, Duck; Dist. 4: Chicamacomico, Avon, Buxton, Frisco, Hatteras; Dist. 5: At Large
SUMMARY OF ACTIONS MADE ON 1/18/11 - OFFICIAL MINUTES TO BE POSTED ONCE APPROVED
THE DARE COUNTY BOARD OF COMMISSIONERS MEETING January 18, 2011—5:00 P.M. Dare County Administrative Building PO Box 1000, Manteo, North Carolina 27954 Commissioners Present: Chairman Warren Judge, Dist. 3; Vice‐Chairman Burrus, Dist. 4; Virginia Tillett, Dist. 1; Richard Johnson, Dist. 1; Max Dutton, Dist. 2; Mike Johnson, Dist. 2.; Jack Shea, Dist. 5 Commissioners Absent: None Others Present: County Manager Bobby Outten, Dorothy Toolan — Public Information Officer, Dave Clawson — Finance Director, Katie VanLear—Clerk to the Board Action: Easements Assigned to Nags Head for Beach Nourishment Project— Easements Assigned & Authorized County Attorney to Coordinate Details of Agreement Building Construction for Kitty Hawk Park — Approved & Contract Awarded to KJ Construction & Remodeling Stumpy Point Water & Sewer District Wastewater Fee Presentation — Approved Motion to Amend Agenda to Omit: Roanoke Island Zoning Map Rezoning Request — Approved and Item Omitted Nancy Sawyer Subdivision—Preliminary Plat Review — Approved Series 2011 Water Revenue Bonds — Capital Project Ordinance, Bond Order and Final Resolution Adopted Update on Hatteras Medical Center — Use of Old Building Approved & Authorization for County Manager to Aid with Incorporation and Setting Up Bylaws Clerk to the Dare County Board of Commissioners Position Vacancy — New Job Description Approved & Position Filled (Gary Gross) Resolution 11‐01‐2 in Support of Albemarle RC&D Council, Inc. — Adopted Resolution 11‐01‐3 in Support of NC Going Out of Compliance with SAFMC Amendment 17B — Adopted Consent Agenda — Approved 1. Approval of Minutes (1.3.11) 2. Stumpy Point Wastewater Plant Budget Amendment 3. Road Request: Hermolet Road, Avon, NC—Hatteras Colony Subdivision Board Appointment 1. Nursing Home Community Advisory Council — Appointed (Janet Jordan) Closed Session: 1. Approval of Minutes (1.3.11) — Approved 2. Pursuant to NCGS 143‐318.11 to instruct the County staff or negotiating agents concerning the position to be taken by or on behalf of the County in negotiating the price and other material terms of a contract for the acquisition of real property by purchase, option, exchange, or lease with regard to the Roanoke Island Water Project easements; and to consult with an attorney employed or retained by the County in order to preserve the attorney client privilege in the matters of the Roanoke Island Water Project — Discussion Held and Attorney Consulted 800 MHz System Capital Project Ordinance Amendment (Motorola Change Order #6) — Approved 800 MHz System Tower Lease — Amendment to Reflect New Specifications Approved 800 MHz System Tower at Stumpy Point Approval of Fish & Wildlife to Obtain Bird Mortality Counts in the Future — Approved Land of Beginnings
COMMISSIONERS OFFICE— PO Box 1000, Manteo, NC 27954 • 252.475.5700 • darenc.com
Chairman Warren Judge called the meeting to order at 5:00 p.m., invited Rev. Tom Wilson, All Saints Episcopal
Church, to share a prayer, and then led the pledge of allegiance to the flag. Chairman Judge noted Monica
Thibodeau, Mayor Bob Oakes and former Mayor, Bob Muller, in the audience and thanked them for their
attendance.
ITEM 1 – PUBLIC COMMENTS
None
ITEM 2 – PRESENTATION – NAGS HEAD BEACH NOURISHMENT (Att. 1)
Mr. Bob Oakes, Nags Head Mayor, appeared before the Board to provide an update on the Nags Head Beach
Nourishment Project. He explained the various funding sources for the project and shared upcoming dates for the
bidding process. He announced the potential completion date for the project as Spring 2011. He also requested the
assignment of easements that were collected from the Federal Beach Nourishment Project from the County to Nags
Head. Vice-Chairman Burrus asked for clarification on the $2 million (not to exceed $10 million) in occupancy tax
to fund the project. Mr. Oakes explained this portion of revenue would be used to repay the bond. He stated $18
million would come from the Beach Nourishment fund, and the additional $18 million would be borrowed. These
occupancy tax funds would go towards repaying those borrowed funds. They would then have to raise an additional
$8-$10 million to repay the bonds. Commissioner Tillett asked what would happen if these funds were not raised.
Mr. Oakes noted they are hard at work on special assessments and are at fifty (50) percent of the property value
needed with more consensus from the property owners now than ever. He also detailed the special tax district that is
in place which would help pay back these funds. She asked if the easements could ever be assigned back to the
County and Mayor Oakes replied he was sure this would be possible. Commissioner Shea asked if low profile
offshore reefs could be used instead of the current plan. He explained this would give a double benefit as it would
bring in and keep sand, and would bring in fish. Mayor Oakes agreed with pursuing offshore reefs, but he was
apprehensive about the current resistance to hardened offshore structures and how long actions take at the State
level. He also felt sand needs to be in the system to begin with in order for it to work particularly well.
Commissioner Dutton asked what the start date would be for the project and Mayor Oakes responded potentially
April 2011.
MOTION
Commissioner Tillett motioned to assign the easements that the County acquired for the Federal Project on the
parcels in Nags Head.
Commissioner Dutton seconded the motion.
Commissioner Shea asked if there would be a dual easement in place for the property. County Manager Outten
asked for permission to meet with the Nags Head attorney to, if possible, insert language to reserve future rights of
these easements to the County.
Vice-Chairman Burrus asked if there are any ethical issues if these easements are used for a different purpose than
the original intent. County Manager Outten explained an easement is a property right and is transferrable. He noted
in some of the easements that were contested, an issue that was argued about was the concern that one day the
easement would be conveyed to another party. One of the issues argued in the settlement agreement was for the
County to agree they would not assign them in the future. He noted the agreement was settled without this clause.
County Manager Outten felt because it was settled without this language, the easements could be reassigned.
Commissioner Tillett approved the changes for the motion to read: “[authorization to] assign the easements that the
County has on the parcels in the Town of Nags Head to Nags Head for the purpose of their beach nourishment
project with guidance to the County Manager/Attorney to investigate what rights can be retained.”
Commissioner Dutton seconded the amended motion.
VOTE: AYES unanimous
ITEM 3 – THE BEACH CLUB PRESENTATION
Ms. Cindy Ehlers, Clinical Director with ECBH, shared her experience attending meetings in 2009 on concerns by
families regarding what would take place in the lives of the members of The Beach Club. They met with the families
and ECBH’s partner, Monarch, about the need in Dare County and a little over one (1) year later, The Beach Club
has received a statewide Award of Excellence from the North Carolina Council of Community for outstanding
programs for improving services for individuals with intellectual and developmental disabilities. She stated this
award is a result of advocacy of parents and families in the community, as well as stakeholders in The Beach Club.
She invited Renada Macchirole to come forward and accept the award on behalf of Dare County. The Board
congratulated all of the members. Chairman Judge noted the vision Ms. Macchirole had several years ago for this
type of program and shared his pride in her for implementing such a great program. He thanked her on behalf of all
those in the community for her efforts.
ITEM 4 – CHICAMACOMICO BANKS FIRE AND RESCUE SAFETY PROGRAMS PRESENTATION
Mr. Larry Grubbs and Lt. Ken Mason appeared before the Board to present information related to the safety
programs implemented by the department over the last year. Lt. Mason explained the organization is non-profit and
responds to an array of emergency situations over an area of twenty-two (22) miles. He gave an overview of their
history, services and programs. He explained the program received funding which provided the ability to create a
team allowing a quicker response to emergency calls. He shared there were four (4) deaths from drowning in 2009.
Due to the new program and its ability to decrease response time, there were zero (0) drownings in 2010 even
though the team experienced a higher call volume. He then requested the County support the program for the
upcoming year. Commissioner Mike Johnson asked for clarification on the Beach Patrol Team. Capt. Grubbs
detailed the number of members and their duties. Chairman Judge noted the tax district currently in place for fire
and rescue for Rodanthe-Waves-Salvo. He asked if anyone had been in contact with that community regarding this
fund source. He noted he has spoken with both locals and those who own property in that area, and it has been well
received. Chairman Judge then asked County Manager Outten to clarify the procedures for using a special tax
district already in place. Mr. Outten explained the process and noted he would need to pull the statute for the
specifics. Vice-Chairman Burrus explained there are two (2) different fire districts in that area. There was discussion
on whether the current district would encompass the need or if a new district would need to be established.
Chairman Judge asked Mr. Outten to explore the possibilities of creating a solution that would both use what is
already in place and help fund the project. Vice-Chairman Burrus noted he would speak to the DCTB to see if there
is funding available for this type of project. Commissioner Tillett asked when the deadline would be and they
responded preferably by Memorial Day when the season begins.
ITEM 5 – BUILDING CONSTRUCTION FOR KITTY HAWK PARK
Mr. Outten announced KJ Construction & Remodeling submitted the lowest bid for the portion of the Kitty Hawk
Park project to include the building of a pavilion, dog park, fencing/shelter/plumbing, cement block restroom
building, septic system and fencing around the playground. Three (3) bids were received on January 5, 2011 with KJ
Construction & Remodeling being the lowest. The changes allow for an additional $31,969 (approximately six (6)
percent of the project) in contingency thus giving some flexibility to deal with any unknowns as the project
continues. If the project had little to no unknowns, the funds could be used to provide extra amenities for the park.
Mr. DeLucia, Albemarle Engineering, noted KJ Construction is a local company. Commissioner Shea shared he was
glad it was a local contract being worked on by local people.
MOTION
Commissioner Shea motioned to award the contract to KJ Construction & Remodeling.
Vice-Chairman Burrus and Commissioner Dutton seconded the motion.
RECESS BOARD OF COMMISSIONERS
CONVENE STUMPY POINT WATER AND SEWER AUTHORITY
ITEM 6 – STUMPY POINT WATER AND SEWER DISTRICT WASTEWATER FEE PRESENTATION
Mr. Dave Clawson, Finance Director, noted the system is up and running and began pumping on September 13th. He
gave an overview of the system, possible usage rate structures and recommended the Board implement a monthly
maintenance fee of $45.00 for each STEP (Septic Tank Effluent Pumping) tank installation. He explained this
maintenance fee would be applied to expenses related to the maintenance and operation of each STEP tank system,
collection piping and the wastewater plant facility. He noted this would not penalize the higher usage systems. Mr.
Outten stated even those who have no usage still have costs associated with their systems even if nothing is being
pumped. This fee system would spread the cost across to everyone and keep the rate in line with what it was
expected to be. He noted it would be $1.00 per 1,000 gallons if it goes over 10,000 gallons. Commissioner Tillett
requested and received clarification on what the fee includes. Commissioner Richard Johnson asked if this was an
enterprise fund. Mr. Clawson responded that technically it is a separate water and sewer district. He added if it is
possible under the grant requirements, they will likely recommend to get rid of the district and absorb everything
into the enterprise fund. Commissioner Richard Johnson asked for clarification on the fees beyond the first 10,000
gallons of usage, as well as maintenance funding in the future.
MOTION
Commissioner Shea motioned to approve the waste water fee for the STEP systems at Stumpy Point at $45.00 with a
$1.00 per 1,000 gallons over 10,000 gallons.
Vice-Chairman Burrus seconded the motion.
Commissioner Tillett noted the sewer fee is a separate fee. Mr. Outten noted a mailing would go out as a reminder.
ADJOURN STUMPY POINT WATER AND SEWER AUTHORITY
RECONVENE BOARD OF COMMISSIONERS
ITEM 7 – ROANOKE ISLAND ZONING MAP REZONING REQUEST (Att. 2)
Chairman Judge asked for a motion to amend the agenda to omit item 7.
MOTION
Commissioner Shea made the motion.
ITEM 8 – NANCY SAWYER SUBDIVISION – PRELIMINARY PLAT REVIEW
Ms. Donna Creef, Planning Director, explained Ms. Sawyer’s request to subdivide a 5.89 acre tract of land into two
(2) large parcels. She noted the size of the tract exceed the threshold for administrative approval (2 acres). She
shared no road improvements are proposed and the property has frontage along Piney Ridge Road in Frisco, NC.
The lots exceed the minimum square footage requirements of the applicable zoning districts. There are two (2)
existing structures on the tract and the overlay of the lot lines will not create any setback issues. She announced the
Planning Board reviewed the division at their January 10, 2011 meeting and recommended approval of the
preliminary plat.
MOTION
Vice-Chairman Burrus motioned to approve the preliminary plat.
Commissioner Shea seconded the motion.
ITEM 9 – SERIES 2011 WATER REVENUE BONDS – PRESENTATION OF DOCUMENTS AND
ADOPTION OF BOND ORDER, FINAL RESOLUTION AND AMENDMENT TO THE CAPITAL
PROJECT ORDINANCE (Att. 3)
Mr. David Clawson, Finance Director, detailed the various attachments and explained the importance of each
document and the action that would result if approved. Commissioner Shea asked what the term would be for the
bonds and whether there would be any penalties if retired earlier. Mr. Clawson replied, thirty (30) years and there
would be no penalty call.
MOTION
Commissioner Shea motioned to adopt the amendment to Capital Project Ordinance.
MOTION
Commissioner Shea motioned to adopt the Bond Order.
MOTION
Commissioner Shea motioned to adopt the Final Resolution.
ITEM 10 – UPDATE ON HATTERAS MEDICAL CENTER
County Manager Outten noted University Health Systems has vacated the Hatteras Medical Center and he
announced a community group is incorporating as Hatteras Medical Center, Inc. to provide medical care and has
requested the use of the old medical care facility at no cost. He noted they are requesting the County Manager’s help
with incorporation and to help with the creation of the bylaws. The initial Board of Directors would consist of Ted
Midgett, Hal Gray, Geraldine Farrow, Dennis Robinson and Allen Burrus. Vice-Chairman Burrus noted each
member represented the community organizations that are already there. He shared the Civic Association was
briefed on this at their annual meeting and was supportive. He shared his support of moving forward with
authorizing this organization to use the building and to authorize Mr. Outten to help with organizing the group and
their bylaws. Mr. Outten clarified the County’s role as simply allowing them to use the building. Otherwise it would
be a community run organization. Commissioner Shea asked if we would provide maintenance and insurance for the
building. Mr. Outten replied yes as with the last tenants. Commissioner Shea then shared his support. Chairman
Judge also noted the building would revert back to the National Park Service unless there are tenants providing this
type of service.
MOTION
Vice-Chairman Burrus motioned to authorize County Manager Outten to formulate a lease for the use of the old
medical care building, accept the members of the Board of Directors as listed, and approve the use of the building by
the Hatteras Medical Center community group.
Commissioner Shea seconded the motion.
Mr. Outten confirmed with the Board that he was authorized to assist the group with their bylaws and initial
organization.
RECESS 6:31 P.M. – 7:01 P.M.
ITEM 11 – CLERK TO THE DARE COUNTY BOARD OF COMMISSIONERS POSITION VACANCY
(Att. 4)
County Manager Outten distributed a job description regarding the new vacancy. Chairman Judge noted corrections
had been made from an earlier circulation based on input from the Board.
MOTION
Commissioner Shea motioned to adopt the new job description.
Vice-Chairman Burrus and Commissioner Dutton seconded the motion.
MOTION
Commissioner Shea motioned to nominate Gary Gross to fill the vacancy.
County Manager Outten shared he assumed Mr. Gross would carryover at his current salary and that he would be
subject to the job description just approved.
Commissioner Shea and Vice-Chairman Burrus agreed this is what they intended in the motion.
ITEM 12 – RESOLUTION 11-01-2 IN SUPPORT OF ALBEMARLE RC&D COUNCIL, INC.
MOTION
Commissioner Tillett motioned to adopt Resolution 11-01-2.
ITEM 13 – RESOLUTION 11-01-3 IN SUPPORT OF NORTH CAROLINA GOING OUT OF
COMPLIANCE WITH SOUTH ATLANTIC MARINE FISHERIES MANAGEMENT COUNCIL –
AMENDMENT 17B
County Manager Outten noted this resolution was brought before the Board at the last meeting by Mr. Jamie Reibel,
NCWU Chairman. This resolution was passed by NCWU who requested the Board of Commissioners also share
their support through the adoption of a similar resolution. Commissioner Mike Johnson noted this resolution was a
request by fishermen stating the Board does not agree with Amendment 17b because it is based on bad science. The
resolution is asking the State not to comply. If the State goes out of compliance then the National Marine Fisheries
service has to prove that their science is sound and ours is bad. The fishermen believe 17b is based on bad science
and they are hoping that the State would go out of compliance in order to start the process of discussion on the bad
science.
MOTION
Commissioner Mike Johnson motioned to adopt Resolution 11-01-3.
Commissioner Dutton seconded the motion.
Chairman Judge stated the Board is ready to help by assisting in this effort and will support the local fishermen.
Commissioner Mike Johnson noted this affects both recreational and commercial fishing.
ITEM 14 – CONSENT AGENDA (Att. 5)
Commissioner Shea motioned to approve the Consent Agenda:
Approval of Minutes (1.3.11)
Stumpy Point Water Plant Budget Amendment
Road Request: Hermolet Road, Avon, NC – Hatteras Colony Subdivision
ITEM 15 – BOARD APPOINTMENTS
Nursing Home Community Advisory Council
Commissioner Tillett motioned to appoint Janet Jordan.
Chairman Judge and Tillett thanked Ms. Kay White, who was in attendance, for her service on this council.
ITEM 16 – COMMISSIONERS’ BUSINESS
Commissioner Dutton – None
Commissioner Tillett – None
Vice-Chairman Burrus – None
Commissioner Shea shared his appreciation of Clerk, Katie VanLear, and wished her the very best in the future. He
thanked her for the good job she has done and stated the Board would miss her.
Commissioner Richard Johnson agreed with Commissioner Shea’s comments.
Commissioner Mike Johnson announced the several boat groundings in the Walter Slough area over the weekend.
He summarized the Coast Guard report on one of the incidents and shared the resulting injuries incurred by those on
the boat at the time of the accident. He noted many have worked to get the slough dredged as it is not a federally
maintained channel. He feels it is a dangerous place and many are not aware of the perils that lie in that area. He
stated the only solution is to get the channel changed to a federally maintained channel with appropriated funding
for maintenance in the budget. The portion of the slough called “The Gash” also needs to be added as a marked
channel. He announced the Coast Guard is moving their forty-two (42) foot life boat to Wanchese as it cannot
navigate the channel in its current state. He noted the need to work with Senators and Congress members to get this
changed. He then announced an upcoming Atlantic States Marine Fisheries Commission Public Hearing on the
Spiney Dogfish amendment three (3) on January 24th at 6:00p.m. at the local Division of Marine Fisheries office in
Manteo. He noted this amendment is for recreational and sportfishing. Chairman Judge asked for a letter to be
drafted to Congressman Jones, Senators Hagan and Burr recapping the accident report to see if the process can
begin. He asked to solicit the charter fleet to do the same. Vice-Chairman Burrus expressed the importance of
attending the Public Hearing as Spiney Dogfish has put business on Hatteras Island.
Chairman Judge thanked Clerk, Katie VanLear, for her work and wished her success in future endeavors.
MANAGER’S/ATTORNEY’S BUSINESS
(Att. 6) County Manager Outten stated the 800 MHz System project is nearing completion and an amendment to the
Capital Project Ordinance is needed. He shared there is a crack in the foundation at the East Lake Tower which is a
crucial tower for the project. The State has been fighting with the insurance over this issue and as part of the
settlement agreement, the contractor can repair the crack. However, there is not a repair schedule and the schedule is
not in line with the County’s work for when the repair is needed. As a result, the antenna will be put on this tower as
it does not add any load and fiber will be used until the repair is made and the dishes can be added. This has been
approved by the State and engineers. The result of the delays is that the contractors have to be remobilized after the
repair in order to add the dishes to the tower which carries a cost of $3,600. He requested an amendment to the
Capital Project Ordinance to decrease the contingency by $3,600 and increase the Motorola contract by $3,600, and
authorize him to execute the change order approving the additional cost.
MOTION
Commissioner Shea motioned as detailed.
Commissioner Richard Johnson seconded the motion.
Commissioner Richard Johnson felt this cost was low compared to the costs involved in remobilizing the crews back
to the area.
Mr. Outten noted his second item was with regard to an amendment to a ground lease for the 800 MHz System in
Buxton. There is a tower on County property and some specifications on what can be hung must be changed. He
stated this would be Amendment number two (2) changing these specifications. He noted Motorola has been through
the specification and approved the changes. However, the lease needs to be amended to reflect the new
specifications.
MOTION
Commissioner Shea motioned to approve Amendment two (2) to the ground lease at the tower in Buxton which
changes the specifications, and to authorize the County Manager to execute the documents.
Mr. Outten noted there would be a tower built for the 800 MHz System at Stumpy Point. Currently the permitting
process is underway. However, the height of the tower is a concern for Fish and Wildlife. They requested permission
to conduct bird mortality counts in the future. Mr. Outten requested authorization for these counts to be conducted as
long as a member of the Dare County staff is in attendance and proper notice of the visit has been given.
MOTION
Commissioner Shea motioned to authorize U.S. Fish and Wildlife to conduct bird mortality studies in the future at
the Stumpy Point tower site with the terms and conditions outlined by County Manager Outten.
Mr. Outten announced the helicopter has been returned after being repaired; however, it has a new issue. He detailed
the repair needed and explained the expense would be approximately $50,000. He noted they took $50,000 from
contingency and moved it into the maintenance account. This leaves $99,200 in contingency for the rest of the year.
Mr. Outten shared the Oden Trust gave the County $400,000 for a pool on Hatteras Island. Because this pool has not
been built due to economic conditions, the gift has expired and they are requesting the funds be returned to be used
towards other uses in the community. Mr. Outten had instructed the Finance Officer to do so.
Mr. Outten shared there is a request for qualifications in the paper to choose an engineer for the Roanoke Trails
project. He reminded the Board this project is being funded pursuant to a grant from DOT and requires no County
money.
ITEM 17 – CLOSED SESSION
MOTION
Pursuant to the provisions of NCGS 143-318.11, Commissioner Shea moved that the Dare County Board of
Commissioners go into Closed Session to: 1) approve the minutes of the last Closed Session held on January 3,
2011, and 2) instruct the County staff or negotiating agents concerning the position to be taken by or on behalf of the
County in negotiating the price and other material terms of a contract for the acquisition of real property by
purchase, option, exchange, or lease with regard to the Roanoke Island Water Project easements; and to consult with
an attorney employed or retained by the County in order to preserve the attorney client privilege in the matters of the
Roanoke Island Water Project.
AT 7:36 P.M. THE DARE COUNTY BOARD OF COMMISSIONERS ENTERED INTO CLOSED SESSION
AND EXITED AT 8:06 P.M.
Chairman Judge reconvened the meeting and County Manager Outten reported the Board approved the minutes of
the last Closed Session and gave the County Attorney with regards to the acquisition cost of real property with
regard to the Roanoke Island Water Project.
Commissioner Tillett thanked the Oden Family for the $400,000 gift for the swimming pool. She stated the Parks
and Recreation Advisory Committee looked at every piece of property to try and find a good location for the pool.
She was glad to hear the money would be used on Hatteras Island. She then thanked the committee for working so
diligently on the project. She also thanked Vice-Chairman Burrus for his support. She requested a letter be sent to
the Oden family thanking them for their gift. She noted pools are needed throughout county and will have them one
day.
AT 8:03 P.M. THE DARE COUNTY BOARD OF COMMISSIONERS ADJOURNED UNTIL 9:00 A.M. ON
FEBRUARY 7, 2011.
(SEAL)
Respectfully submitted,
By: ____________________
Katie VanLear, Clerk
APPROVED:
By: ________________________
Warren C. Judge, Chairman
SHERIFF’S OFFICE COMMUNITY PROGRAMS COORDINATOR
General Statement of Duties
Performs responsible, managerial, supervisory and professional work in planning,
administrating and implementing community based recreational, mentoring, team-building,
drug resistance and youth assistance programs that are a part of the Dare County Sheriff’s
Office.
Distinguishing Features of the Class
An employee in this class is responsible for the development and management of nonlaw enforcement programs that are offered by the Dare County Sheriff’s Office for the purpose
of increasing community involvement, mentoring, team-building, and other similar activities.
The employee will further supervise the use of, and oversee the maintenance of the Alpine
Tower. Work includes, under direction of the Sheriff, handling communication, and providing
liaison with various local community service agencies, both public and private; evaluating
potential participants in, and volunteers for, the Sheriff’s community based programs and
coordinating maintenance of facilities utilized in these programs; developing and implementing
policies and procedures; supervising direct reporting paid staff and civilian volunteers; keeping
and maintaining confidential records of services rendered; and training civilian volunteers. Work
also requires that the employee maintain a high level of physical fitness and be able to operate
with a high degree of independence. Work is supervised under the Sheriff of Dare County,
through the Command Structure of the Dare County Sheriff’s Office.
Duties and Responsibilities
Essential Duties and Tasks
Under the supervision of the Dare County Sheriff, develops program plans, policies,
procedures and evaluation instruments for the various community programs Implemented by the
Dare County Sheriff’s Office. The employee additionally is responsible for monthly reporting
regarding program performance and participation outcomes; promoting the programs in various
media outlets, and with civic and faith-based groups; supervising out of county activity trips,
including, but not limited to, The Therapeutic Wilderness Program; soliciting, managing and
accounting for complementary or in-kind goods and services charitably donated to the Sheriff’s
Office for community program purposes; screening and training volunteers to determine their
suitability and placement within the various supervised programs; and documenting the total
number of staff and volunteer hours spent on the programs. Employee must also be able to
recognize in volunteers or staff the need for disciplinary action, and is responsible for the
referral of such action to the Sheriff’s Office Chain of Command.
Additional Duties
Performs related duties as required by the Dare County Sheriff or his/her designee.
161
Sheriff’s Office Community Programs Coordinator
Page 2
Recruitment and Selection Guidelines
Knowledge, Skills and Abilities
Considerable knowledge of the practice and administration of community based
programs and their operation, consistent with those types of programs designed and
implemented by law enforcement agencies.
Considerable experience in law enforcement, and practical experience in the processes
of government, including, but not limited to, budget, personnel and fiscal accountability.
Ability to provide leadership and mentoring to program participants, volunteers and staff,
individually and collectively.
Ability to develop short and long-range plans and to organize and design programs to
meet specific community needs as identified by the Dare County Sheriff, and to collaborate with
other organizations with similar missions to accomplish desired program goals and outcomes.
Ability to express ideas orally and in writing, including the ability to develop a budget
outline and administer grants.
Ability to analyze, determine options and arrive at sound and effective resolutions in the
performance of duties.
Ability to read and comprehend written instructions and to operate a computer terminal.
Physical Requirements
Must be able to physically perform the basic operational functions of stooping, kneeling,
crouching, reaching, walking, fingering, talking and hearing. Additional requirements include the
ability to ride a bicycle for extended distances; the ability to actively participate in the Alpine
Tower program, including climbing and physical instruction and the ability to run short distances.
Must be able to perform work exerting up to 50 pounds of force occasionally, and/or up
to 20 pounds of force frequently to perform physical tasks required by the various programs
supervised.
Must possess the visual acuity to prepare reports and/or review the written work of
subordinates and volunteers and/or the written instructions of the Dare County Sheriff or his/her
designee.
Desirable Education and Experience
Graduation from an accredited high school or GED program. Completion of the North
Carolina Basic Law Enforcement Training Program. Significant experience as a sworn law
enforcement officer, and experience in administering and participating in community programs,
particularly in programs involving mentoring, team building and youth intervention.
Special Requirements
Possession of a valid North Carolina Driver’s License.
162
BUDGET AMENDMENT-SHERIFF'S OFFICE PART-TIME SALARIES
Description
TRANSFER FUNDS TO COVER PART-TIME HELP FOR COURTROOM AND CLERICAL FUNCTIONS
TO FREE UP SOME FULL TIME DEPUTIES TO INCREASE PATROL
Item Presenter
SHERIFF DOUG DOUGHTIE
ADOPT BUDGET AMENDMENT
163
DARE COUNTY
BUDGET AMENDMENT
ACCOUNT
Org
CODE
Object
Salaries
104510
500200
Salaries-PT
104510
500201
F/Y 2010/2011
INCREASE
DECREASE
Project
Revenues:
Expenditures:
14,560
14,560
Explanation:
Transfer funds to cover part-time help for courtroom and clerical functions freeing up some full-time deputies to increase
patrol.
Approved by:
Board of Commissioners:________________________________________
Date:____________
County Manager:______________________________________________
(sign in red)
Date:____________
Finance only:
Date entered:______________ Entered by:_____________ Reference number:___________
7/14/2008 1:37 PM
164
166
165
CRISIS INTERVENTION PROGRAM BUDGET AMENDMENT
Description
This is to appropriate additional Crisis Intervention funding. This funding is 100% federal and there is no effect
on county dollars.
Item Presenter
n/a
Approve budget amendment.
167
DARE COUNTY
BUDGET AMENDMENT
ACCOUNT
F/Y 2010/2011
Org
CODE
Object
INCREASE
103026
423001
25,678
104611
580200
25,678
DECREASE
Project
Revenues:
St & Fed Aid - Adm.
Expenditures:
CIP Program
Explanation:
This is to appropriate additional Crisis Intervention Funding. This is 100% federal funding; therefore, there is no effect on
county dollars.
Approved by:
Date:____________
County Manager:______________________________________________
(sign in red)
Date:____________
Finance only:
7/14/2008 1:37 PM
168
169
Social Services Department of Transportation Budget Amendment
Description
Budget amendment to appropriate the additional funding for employment transportation.
Item Presenter
n/a
Approve budget amendment
170
DARE COUNTY
BUDGET AMENDMENT
ACCOUNT
F/Y 2010/2011
Org
CODE
Object
INCREASE
103026
423060
7,212
104615
585801
7,212
DECREASE
Project
Revenues:
DOT Transp. Grant - Work First
Expenditures:
Transportation - Transitional
Explanation:
This is to allocate additional Department of Transportation funding. This is 100% federal money and there is no effect on
county dollars.
Approved by:
Date:____________
County Manager:______________________________________________
(sign in red)
Date:____________
Finance only:
7/14/2008 1:37 PM
171
172
173
Budget Amendment - Elections - HAVA Funding
Description
Budget Help America Vote Act (HAVA) funding awarded and received in January 2011 and the related
expenditures for staffing expenses for two additional one-stop absentee voting locations.
Item Presenter
None
Adopt Budget Amendment
174
DARE COUNTY
BUDGET AMENDMENT
Org
CODE
Object
103430
422242
104430
500201
ACCOUNT
F/Y 2010/2011
INCREASE
DECREASE
Project
Revenues:
HAVA-One Stop Voting Grant
00308
3,000
Expenditures:
Salaries-PT
3,000
Explanation:
Budget Help America Vote Act (HAVA) funding awarded and received in January 2011 and the related expenditures for
staffing expenses for two additional one-stop absentee voting locations.
Approved by:
Date:____________
County Manager:______________________________________________
(sign in red)
Date:____________
Finance only:
7/14/2008 1:37 PM
175
Department of Public Health - H1N1 Budget Amendment
Description
The Dare County Department of Public Health has received additional funding from the State for H1N1
influenza public health planning, capacity enhancement and response. The amount is a one-time allocation for
local health departments. The total amount received is $80,000.
No Effect on County Funding.
Item Presenter
N/A
Approve Budget Amendment
176
DARE COUNTY
BUDGET AMENDMENT
ACCOUNT
F/Y 2010-2011
Org
CODE
Object
Project
103027
424271
45142
80,000.00
104600
104600
104600
104600
104600
510700
513303
513400
525100
537400
45142
45142
45142
45142
45142
10,000.00
10,000.00
23,000.00
2,000.00
35,000.00
INCREASE
DECREASE
Revenues:
State - H1N1
Expenditures:
Contract Services
Medical Supplies
Operating
Travel
Capital Outlay
Explanation:
Received a CDC approved no-cost extension from the Department of Public Health Preparedness & Response division to
continue our efforts of Pan Flu planning, response & admin activities. The funds will be used contract staff to assist w/these
efforts, to purchase medical supplies, to cover operating & travel costs & to purchase a generator.
Approved by:
Board of Commissioners:
Date:
County Manager:
Date:
(sign in red)
Finance only:
Date entered:
Reference number:
Entered by:
1/28/2011 9:44 AM
177
178
179
180
181
182
183
184
185
186
187
Budget Amendement - Dare County Transportation System
Description
To budget anticipated revenues to be generated by the Transportation System Fare Plan as approved by the
board on December 6, 2010.
Item Presenter
None
Adopt Budget Amendment.
188
DARE COUNTY
BUDGET AMENDMENT
ACCOUNT
F/Y 2010/2011
Org
CODE
Object
INCREASE
103661
441100
15,155
104661
500201
15,155
DECREASE
Project
Revenues:
Fare Revenues
Expenditures:
Salaries-PT-Drivers
Explanation:
To budget anticipated revenues to be generated by the Transportation System Fare Plan as approved by the board on
December 6, 2010.
Approved by:
Date:____________
County Manager:______________________________________________
(sign in red)
Date:____________
Finance only:
7/14/2008 1:37 PM
189
Budget Amendment - Golden Leaf Foundation - Outer Banks Catch
Description
The Finance department failed to establish a carryover for $27,868 of unexpended grant funds received as of
6/30/2010 from the Golden Leaf Foundation for the Outer Banks Catch initiative. Since no carryover was
established, the $27,868 of unexpended grant funds rolled into fund balance. This budget amendment removes
those funds from General Fund fund balance for reappropriation and appropriates an additional $30,000 of grant
funds scheduled to be expended and reimbursed in the current fiscal year in order to close out the grant.
Item Presenter
None
Adopt the attached Budget Amendment
190
DARE COUNTY
BUDGET AMENDMENT
ACCOUNT
F/Y 2010/2011
Org
CODE
Object
INCREASE
Golden Leaf-Outer Banks Catch
103025
422251
Appropriated Fund Balance
103090
499900
Professional Services
104427
510900
00057
10,958
Advertising & Promotion
104427
525600
00057
43,910
Miscellaneous
104427
525700
00057
3,000
DECREASE
Project
Revenues:
00057
30,000
27,868
Expenditures:
Explanation:
The Finance department failed to establish a carryover for $27,868 of unexpended grant funds received as of 6/30/2010
from the Golden Leaf Foundation for the Outer Banks Catch initiative. Since no carryover was established, the $27,868 of
unexpended grant funds rolled into fund balance. This budget amendment removes those funds from General Fund fund
balance for reappropriation and appropriates an additional $30,000 of grant funds scheduled to be expended and
reimbursed in the current fiscal year in order to close out the grant.
Approved by:
Date:____________
County Manager:______________________________________________
(sign in red)
Date:____________
Finance only:
7/14/2008 1:37 PM
191
01/26/2011 16:59
631sdefo
|DARE COUNTY FINANCE LIVE DB
|YEAR-TO-DATE BUDGET REPORT
|PG
1
|glytdbud
FOR 2010 12
ORIGINAL
TRANFRS/
REVISED
AVAILABLE
PCT
APPROP
ADJSTMTS
BUDGET
YTD ACTUAL
ENCUMBRANCES
BUDGET
USED
____________________________________________________________________________________________________________________________________
10 General
___________________________________
103025 Restricted Intergovernmental
___________________________________
103025 422251 00057 Golden LEAF-Out
0
-150,000
-150,000
-120,000.00
.00
-30,000.00
80.0%*
0
-150,000
-150,000
-120,000.00
.00
-30,000.00
80.0%
0
0
0
0
25,000
46,900
75,100
3,000
25,000
46,900
75,100
3,000
7,500.00
29,942.40
28,750.92
.00
17,500.00
6,000.00
2,439.00
.00
.00
10,957.60
43,910.08
3,000.00
100.0%
76.6%
41.5%
.0%
TOTAL Public Relations
0
150,000
150,000
66,193.32
25,939.00
57,867.68
61.4%
TOTAL General
0
0
0
-53,806.68
25,939.00
27,867.68
100.0%
TOTAL REVENUES
TOTAL EXPENSES
0
0
-150,000
150,000
-150,000
150,000
-120,000.00
66,193.32
.00
25,939.00
-30,000.00
57,867.68
GRAND TOTAL
0
0
0
-53,806.68
25,939.00
27,867.68
TOTAL Restricted Intergovernmental
104427 Public Relations
___________________________________
104427
104427
104427
104427
510700
510900
525600
525700
00057
00057
00057
00057
Contr Serv-Oute
Prof Serv-Outer
Adv & Promo-Out
Misc-Outer Bank
** END OF REPORT - Generated by Sally Defosse **
192
100.0%
Advertise 2010 Tax Year Liens
Description
The total unpaid taxes as of January 24, 2011 on Real Estate is $4,748,662.63. The Tax Collector will advertise
unpaid taxes on Real Estate March 3, 2011 in the local paper.
Item Presenter
NA
Order the Tax Collector to advertise the 2010 Real Estate tax liens.
193
Road Request - Summerplace Drive, Hatteras, NC
Description
Road petition, Summerplace Drive, Hatteras, NC
Item Presenter
Approval of petition and adoption of resolution
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
Board Appointments - NC Senior Tarheel Legislature Delegates
Description
Isabel Pitcher served as Dare County's Senior Tarheel Delegate. Ms. Pitcher recently passed away.
Ms. Susan Scurria, Director of Area Agency on Aging with the Albemarle Commission, has spoken with and
recommended Kay White serve as the Delegate and Mary Ellen Hawthorne serve as the Alternate. Both are
willing to serve.
The term length is two years.
Item Presenter
Appoint Delegate and Alternate.
228
BOARD APPOINTMENTS
NC SENIOR TARHEEL LEGISLATURE DELEGATE
(Two Year Term)
Isabel Pitcher served as Dare County’s Senior Tarheel Delegate.
Ms. Pitcher recently passed away.
Ms. Susan Scurria, Director of Area Agency on Aging
with the Albemarle Commission, has spoken with:
Kaye White
and
Mary Ellen Hawthorne
Mrs. White is willing to serve as the Delegate and
Mrs. Hawthorne is willing to serve as Alternate.
The term length is two years.
(See attached memo from Ms. Scurria)
229
230
231
232
Board Appointments - Aging Advisory Council for the Albemarle Commission
Description
The following terms expire this month: Brandi Rheubottom, and a Vacant seat (previously held by the late
Isabel Pitcher). Mrs. Rheubottom would like to be reappointed. There are no applications on file for the
vacancy.
Item Presenter
Make appointment/reappointment.
233
February 7, 2011
BOARD APPOINTMENTS
AGING ADVISORY COUNCIL FOR THE ALBEMARLE COMMISSION
(Two Year Term)
The following terms expire this month:
Brandi Rheubottom
(Current Term – 2/09 – 2/11)
(Originally Apptd. 2/01)
Vacant
(Seat held by the late Isabel Pitcher)
(Current Term 2/09 – 2/11)
No applications have been received.
Other members:
None
234
AGING ADVISORY COUNCIL FOR THE ALBEMARLE COMMISSION
(Two Year Term)
MEMBER
TERM EXPIRATION
Brandi Rheubottom
Older Adult Services Director
P.O. Box 1000
Manteo, NC 27954
441-1181
Nags Head Township
2/11
Vacant
Atlantic Township
2/11
ACTION
Apptd. 2/01
Reapptd.2/03,05,07,09
NOTES: Meeting Date – Quarterly on a called basis
Albemarle Commission
Hertford, NC
Emma Jane McDermott replaced Clinton Crawford 2/93.
Brandi Whitehurst replaced Jay Burrus 2/01.
Bel Pitcher filled the unexpired term of Emma Jane McDermott 9/03.
REVISED 1/11
235
Board Appointments - Planning Board
Description
David Overton, Beth Midgett, and Henry Haywood have terms to expire this month. All would like to be
reappointed. Applications have also been received from: Robert Neilson, Jack Overman, Phelpie Edmondson,
and John (Jack) Cooper.
Item Presenter
Make appointments/reappointments.
236
February 7, 2011
BOARD APPOINTMENTS
PLANNING BOARD
(Three Year Term)
The following have terms to expire this month:
David Overton
Beth Midgett
Henry Haywood
All would like to be reappointed.
Applications have also been received from:
Robert Neilson
Jack Overman
Phelpie Edmondson
John (Jack) Cooper
Other Members:
See attached list
237
238
239
240
241
242
243
244
245
246
PLANNING BOARD
(Staggered/Three Year Term)
MEMBER
TERM EXPIRATION
ACTION
Ricky Scarborough Jr.
148 The Lane
Wanchese, NC 27981
473-4966
District One
2-13
Apptd. 4-03
Reapptd.2-04,07,10
David Overton
418 Berry Dr.
Manteo, NC 27954
473-4802
At Large
2-11
Apptd. 2-08
John Finelli
Box 555
Kitty Hawk, NC 27949
261-8786
District Three
2-12
Apptd. 3-03
Reapptd.2-06,09
Beth Midgett
P.O. Box 250
Hatteras, NC 27943
986-2346
District Four
2-11
Apptd. 8-04
Reapptd.2-06,08
Elmer Midgett, Ch.
109 Stratton Lane
Manteo, NC 27954
473-3545
At-large
2-13
Reapptd. 2-97,98,01,
04,07,10
Henry Haywood
2472 Colington Rd.
Kill Devil Hills, NC 27948
441-5034
District Two
2-11
Apptd.
Dan Oden, Jr.
P.O. Box 306
Hatteras, NC 27943
986-2555
At-Large
2-12
Apptd. 10-07
Reapptd. 2-09
2-08
NOTES
MEETING DATE: 2ND Monday of each month
7:30 p.m., DCBC Meeting Room
2/9/96 Attorney Cole referred to the Ordinance Book regarding appointments to the Planning Board. He
noted that all appointments should be for three years after an initial staggered term of one, two and three
years. The appointments have been for two years. He suggested that in order to comply with the
ordinance, that the members whose terms expired in February be given one more year and the rest of the
members be given one more year. Approved by the DCBC, unanimous.
247
All Board members were appointed/reappointed on 2/3/97.
Jim Kinghorn appointed to replace J.W. Kierzkowski 2/02.
John Finelli replaced Jon Britt 3/03.
Ricky Scarborough, Jr. appointed to fill unexpired term of Mary Aldridge 4/03.
Beth Midgett filled unexpired term of Jim Kinghorn 8/04/
Robert Lewis replaced Marcia Parrott 2/05.
Catherine Morris filled unexpired term of Robert Lewis 9/05.
Dan Oden, Jr. filled unexpired term of Joseph Thompson 10/07.
David Overton replaced John G.B. Myers 2/08.
Henry Haywood replaced Catherine Morris 2/08.
REVISED 2/10
248
Upcoming Board Appointments for March 2011
Description
Lib Fearing's term on the Nursing Home Community Advisory Council expires March 2011.
Item Presenter
None
249
February 7, 2011
UPCOMING BOARD APPOINTMENTS FOR MARCH 2011
NURSING HOME COMMUNITY ADVISORY COUNCIL
(Three Year Term)
Lib Fearing
(Current Term 3/08 – 3/11)
(Originally Apptd. 9/03)
Other Members:
See attached page
250
NURSING HOME COMMUNITY ADVISORY COUNCIL
(One Year Term, Three Year if reappointed)
MEMBER
TERM EXPIRATION
ACTION
Cyrithia Kalongi
P.O. Box 1346
Manteo, NC 27954
252-267-0376(cell)
12-12
Apptd. 1-06
Reapptd.12-06,09
Virginia Tillett (Ex-Officio)
P.O. Box 653
Manteo, NC 27954
473-2753(H)
(1-12)
(Apptd. 1-05)
Reapptd. 1-06,08
Janet Jordan (NH Appt.)
P.O. Box 692
Wanchese, NC 27981
473-1943
1-13
Apptd.
Lib Fearing
P.O. Box 1048
Manteo, NC 27954
473-2822
3-11
Apptd.
9-03
Reapptd. 4-05,08
Appollonia (Bella) Reber, CH.
2802 Sea Horse Court
Kitty Hawk, NC 27949
255-0925
9-13
Apptd.
9-09
Reapptd. 9-10
Roger Barnett( At Large)
P.O. Box 778
Wanchese, NC 27981
216-8024
1-13
Apptd. 4-10
Reapptd. 1-10
1-11
NOTES:
WHEN APPOINTMENTS ARE MADE:
NOTIFY: Debra N. Sheard, Regional Ombudsman
The Albemarle Commission
P.O. Box 646, Hertford, NC 27944
919-426-5753
The Nursing Home Community Advisory Committee acts as a liaison between the
Albemarle Commission and Britthaven Nursing Home.
Marjorie Lane, Ombudsman of the Albemarle Commission called to ask for a copy of Mr. Russell
Langley’s letter of resignation from the Nursing Home Advisory Committee.
Ms. Lane said that by law only five members from Dare County should be on the Board. She
recommended not replacing Mr. Langley since there were five members after his resignation.
251
She also advised that law provides that one of the members is to be an individual recommended
by the Nursing Home. She asked that the next time a term is due to expire, this slot be filled by
such a person.
Dorothy Meers replaced Polly Bernd 9/90.
Dawn Gibbs replaced Alice Basnight 4/91.
Roy Riddick appointed to fill unexpired term of Emma Cannady. He can only be appointed for 1
year since this is his first appointment. His term will expire 1/94.
Liz Ann Creef appointed to fill seat left vacant by Dorothy Meers 1/95. Ms. Creef’s term will
expire 9/95.
Liz Ann Creef reappointed in 9/95 but later declined. Mary Hall appointed to fill her unexpired
term 11/95.
Helen Beshens replaced Dawn Gibbs 1/97.
Lib Fearing replaced Dawn Gibbs 1/97.
Comm. Hassell replaced Roy Riddick. Her term will expire 1/97.
Louise Gray replaced Katherine McKimmey on 3/97.
Lovey Moore replaced Helen Beshens 6/97. Mrs. Beshens could not serve due to a family
member being a resident at Britthaven.
Eleanor Meekins replaced Lib Fearing 6/97. Mrs. Fearing could not serve due to a family
member being a resident of Britthaven.
Comm. Anna Sadler replaced Shirley Hassell 1/99.
Mary Conway replaced Lovie Moore 12/00.
Renee Cahoon filled unexpired term of Anna Sadler 1/01.
Joann Williams replaced Louise Gray 3/01.
Peggy Thank filled unexpired term of Mary Hall 5/01.
Lib Fearing apptd. to fill unexpired term of Joann Williams 9/03.
Kaye White apptd. to fill unexpired term of Renee Cahoon 9/03. Renee Cahoon can only serve
as an ex-officio member and not as an active voting member of the board according to NCGS.
Dell Collins replaced Mary Conway 1/05.
Gail Sonesso replaced Patricia Schwartz 1/05.
Virginia Tillett replaced Renee Cahoon 1/05.
Cyrithia Kalongi replaced Dell Collins 1/06.
Frank Hester filled unexpired term of Peggy Thank 5/07.
Jackie Wenberg replaced Gail Sonnesso 2/08.
Steve Jennette filled unexpired term of Jackie Wenberg 11/08.
Appollonia (Bella) Reber filled unexpired term of Frank Hester 9/09.
Phelpie Edmondson filled unexpired term of Steve Jennette 9/09.
Roger Barnett appointed to fill unexpired term of Phelpie Edmondson 4/10.
Janet Jordan replaced Kaye White 1/11.
REVISED 1/11
252
Closed Session: Approval of Minutes (1.18.11)
Description
The Board will enter into Closed Session to approve the minutes of the last Closed Session held on January 18,
2011.
Item Presenter
County Manager Outten
Approval
253