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					                              BRUNSWICK COUNTY BOARD OF COMMISSIONERS
                                                       REGULAR MEETING
                                                       NOVEMBER 16 2009
                                                             30 P
                                                             6  M



I             Call to Order


II            Pledge
              Invocation                of Allegiance


III           Adjustments of Agenda
              Approval

IV            Public Comments


V             Approval      of Consent      Agenda

A             Minutes
                                                                                                                                       pg 1
 1                          Agenda Meeting Minutes
              October 28 2009
 1            November 2 2009 Regular Meeting Minutes
                                                                                                                                          2
                                                                                                                                       pg 2-25

November      102009 Agenda Meeting Minutes pg                                                                                         26 B



 Tax          1
  Tax         Releases November 2009 pg
                                                                                                                                              Motor
                                                                                                                                        27-40 2

 Vehicle      Valuation Levy July                      2009 pg    41-44                                                                       Tax
                                                                                                                                        3 Monthly
                                                          45-48 C                                                                               49-52
                                                                                                                                        Finance pg
 Collection   Report       October 2009          pg

 General      Fund-
                                                                                                                                               Revenues
                                                                                                                                        Rescue Squads


              Fund Balance Appropriated 100000-399100

              9

              000 Expenditures     Leland                              104370-465071
                                                                       VRS                                  000
                                                                                                            9

              The
              above amendment                                          is
                                                                       to                                   the
                                                                                                            appropriate

              fourth quarter fiscal year 2009                    Volunteer Rescue      Squad             earnings that were held at
                                                       Leland
                                                         year until the financial reporting guidelines were met The financial reporting has
              the  end of the fiscal
                                                                          providing         funding to the Leland VRS
              now been made and staff recommends                                      the


              General Fund- Emer ency Manaeement Revenues Miscellaneous
                                    040 Expenditures
              Revenue 104330-383900 2

              Miscellaneous

              Expense 104330-449900                                       040
                                                                          2                               The
                                                                                                          above

               amendment
                                                                           appropriate
                                                                           miscellaneous                  received
                                                                                                          revenues
               is                   to
                                                                                                    for travel
               from National Association of Counties   as areimbursement
Health Fund- Bioterrorism Preparedness

Revenues

State Revenue Restricted                                                301
                                                                        135186-332000                            Expenditures
                                                                                                                 601

Special
Program Materials                   135186-423100                       301
                                                                        601                                      above
                                                                                                                 The
amendment is toor priate a
               ap                                       funding         authorization
                                                                                        from   the State of North Carolina providing
anadditional                         301        the
                                            601 over                          current    allocation of 80000             The
                                                                                                                         funds                    are provided

for     implementation   expenses   inpreparation for                                   H1N1        vaccine distribution Wastewater Fund-

SewerAdministration Expenditures Professional


Services-Legal
627210-                                                                                  419200                      Outlay-Avalon
                                                                                                                     Capital
                         000
                         100
                                                                                         627210-

                                                                                         459000                    0
                                                                                                                   Total
    Improvements
100 000
                                                                                         above
The
budget                                                                                                                                amendment
is to both transfer an appropriation for easements                                           and   fees              from the Sewer Fund

to the Capital Project                     Fund for   amounts association           with Avalon and toappropriate funds for legal

fees association                    with   the H2G0 issue County                          Capital Reserve Fund



Expenditures Airport Certification Designated

269800-464254
65               116 Undesignated                                       Funds
                                                                        269800-464299                            884
                                                                                                                 54

Transfer                    to                                          County
                                                                        Capital                                  269800-498043
                                                                                                                 Reserve
120 000               Total 0 The                                       above
                                                                        budget                                   amendment
                                                                                                                 is

to                                                                                                                         transfer
120 000               from the County Capital Reserve to Avalon Capital Project as an advance
                                                      the
in anticipation of receiving funds from the bonding company to complete the project 54 884

of ignated funds are recommended
                undes                         and 116 of funds that were held
                                              65
the
for          Airport which do not appear to be needed by the Airport atthis time are recommended as

the source of the transfer County Capital Project Fund- Avalon Revenues Trans
from County Capital Reserve Expenditures

Legal

and Engineering          Professional Fees                              100
                                                                        000                                      000
                                                                                                                 120
Land


Total
438193-398226   120   000 438193-464001
20

000

438193-464011
                                                                below            appropriate
                                                                                to              funds the funds from the
                                   capital project ordinance              are
The above amendment and
                                                                                                                      of
                     Reserve Fund identified above for the Avalon             Capital Project   in   anticipation
County Capital
replenishment       from the   bonding    company
                                          County of Brunswick North Carolina
                                                   Avalon   Project 438193
                                                                         that pursuant to Section
Be it ordainedthe Board of County Commissioners of Brunswick County
                    by                                  ordinance is hereby adopted
2of the General Statutes ofNorth Carolina the following
13


                                                        in the Brunswick County Capital Projects
Section 1 The following amounts are hereby appropriated
                                                   and the County Capital Reserve Fund for the
Fund and County Wastewater Capital Reserve Fund
Avalon     Project

County Capital Proiect Fund

Revenues

                                                                                        130 000
Transfer from County           Capital   Reserve

                                          Fund                                         000
                                                                                       130
Total    County Capital Project
Revenues




 Expenditures
                                                                                        000
                                                                                        30
 Legal     and   Engineering Professional     Fees

                                                                                        100 000
 Land
                                                                                       000
                                                                                       130
 Total     County Capital Project Fund
 Expenditures
                                                                                                2009
 Section 2 This                   Ordinance shall be entered into the minutes ofthe November 16
                      Capital Project
 meeting     of the Brunswick County Board of Commissioners



 County Capital Reserve Fund


 Expenditures
                 Renovations                                269800-464214
                                                            4                             000
                                                                                          Transfer
 Building
 toGeneral Fund 269800-498010                               4
                                                            000                            Total
                                                                                           0

                                                                                                     Fund-Operation
 General

 Services Revenues from
          Transfer

 County

 Capital Reserve         109800-398226 4000                 Expenditures
                                                            CapitalOutlay-Buildings         4
                                                                                            104280-458000

 000
                                                            is
                                                            amendment                       transfer
                                                                                            to
  above
  The
 funds from the County Capital Reserve for improvements to        Building H
                                                                                                                          pg               requests
                                                                                                                                           Staff
D                EMS-MOU Services NC Office of for State Medical Assistance Team
                 Emergency                                  EMS                                        53-62

                 approving Memorandum of Agreement between the Department of Health and Human Services

                 and Brunswick County EMental


                 Court-Grant Application for T O P
                                         S                                             Program Staff
                                                                                       pg
                                                                                       63-67                                                the
                                                                                                                                   requests approving
Health
                 submittal of the          Grant Application F Finance-Governmental Finance Officers



Association      Budget pg68-69 Staff requests the
                 Presentation
                                                                                                                                                 the
                                                                                                                                   authorization for
                                                                                                        Budget Presentation
                                                                                 Association
                 Submittal of the FY 2009-2010 Budget for the Government Finance Officers Distinguished
                 Awards Program VI Presentation 1                             Brunswick Botanical Garden

                 Award

and               Master
   Gardener       Recognition Commissioner Cooke pg 70-72 2Master                                      Gardener
                                                                                                                                                Vice-Chairman
                                                                                                                                    Achievement Award
                  Volunteer Lifetime
                                                    Tax-2011
                                                    Tax                                                              Revaluation               Contract
                                                                                                                                               with
 Norris           pg73-74 VIIAdministrative Report 1                                                                               Appraisal



 Ferriss Appraisal                      Tom
                                                                                                                                             Inc
                                                                                                                                             2
    Davis         pg Staff recommends
                  75-81                             approving 2011 Countywide Revaluation Contract with Ferriss Appraisal
                                                                                                        Customer Service
                  Finance-NC   Local         Government Debt Setoff Clearinghouse Participation-Utility
                  Ann           Hardy


   pg             82-99 recommends
                  Staff                        approval of the                                     Memorandum
                                                                                        Resolution and
                                                                                                                                           Participate
                                                                                                                                    County to
                  ofUnderstanding          Authorizing Brunswick
                  in the                     NC              Local Government Debt Setoff Clearinghouse Program 3
                                                                                                                 Staff
                  Finance-Unaudited Financial Report               Ending   October 31 2009 Ann Hardy pg100-103
                  recommends to

                                                           as Information VIII Board Appointments                                     Agricultural
                                                                                                                                    1 Voluntary
    Receive       October 2009
                  31                                          Financial Report
                   District Board 1 appointment pg104-106 2Board of Health 3


    appointments pg 107
                                             Report 1 Deed                                                                               Ruffin
                                                                                                                                    of Dedication
      IX           County Attorney s
    s              River Landing pg 108-116 2                                                                                       Deed of



    Dedication    Universal Health pg
                            Care
                   3 ofDedication Park
                    Deed Windsor                                            Sections
                                                                                                                                          13
                                                                                                                                     3-10 and
       117-124


      pg           125-133 4Schedule Public Hearing for
                                                                                                                                              2009
                                                                                                                                     December 7



      on           Term Limits for Advisory and Delegated Boards Conduct the
                                                          that                                                                              Business
                                                                                                                                     County s



      pg           134-136 X Other Business Informal Discussion XI                       Adjournment
                     BRUNSWICK COUNTY BOARD OF COMMISSIONERS
                                 OFFICIAL MINUTES
                                             AGENDA MEETING
                                               OCTOBER 28 2009
                                                  00 M
                                                  8A



                                                                                                                       the
         The Brunswick          County    Board of Commissioners held                     an   Agenda Meeting     on


above date at 8 a Commissioners
              00 m                                                 Chambers David R Sandifer Administration
                      Government Center                        Bolivia   North Carolina
Building County

         PRESENT                                                 Commissioner
                                        Commissioner Phil Norris Vice-Chairman
                                        Charles Warren Commissioner
                                        William Sue Chairman STAFF


         Marty                          K             Lawing   County Manager Steve
                                        Stone Assistant County  Manager Huey
                                        Marshall County Attorney Debby
                                        Gore Clerk to the Board Ann
                                        Hardy Fiscal Operations Director I




                                              CALL TO ORDER Chairman


                        Sue called the meeting                      to order       8 aStaff
                                                                                 at 00 m



discussed proposed   items      for the upcoming        November         22009 Regular     Meeting with Board      members

No action was           taken   II


                                               ADJOURNMENT     Chairman


                                                                     20 m vote of approval     was unanimous   William
Sue moved to adjourn         the meeting at 9                        aThe




                                                                         MSue Chairman Deborah




                                                                         Debby   Gore     Clerk to the Board
                                       BRUNSWICK COUNTY BOARD OF COMMISSIONERS                                                                                     c
                                                                      OFFICIAL MINUTES
                                                                      REGULAR MEETING
                                                                       NOVEMBER 2 2009
                                                                               6  M
                                                                               30 P


                  The Brunswick                 County            Board of Commissioners met in                       Regular          Session     on   the above
        30 m Commissioners
date at 6 p                                                            Chambers              David R Sandifer Administration                            Building
County             Government              Center Bolivia North Carolina

                  PRESENT                                                              Commissioner
                                                              Commissioner Phil Norris Vice-Chairman
                                                              Charles Warren Commissioner
                                                              ScottPhillips Commissioner
                                                              William Sue Chairman STAFF


                  Marty                                       K Lawing County Manager Steve
                                                              Stone Assistant County Manager Huey

                                                              Marshall County Attorney Debby
                                                              Gore      Clerk tothe Board Ann
                                                              Hardy   Fiscal    Operations   Director        Lt


                                                              Mark Trull ABSENT


                  Commissioner                                JMarty                    Cooke        I


                                                                      CALL TO ORDER Chairman


                                           Sue called the meeting                   to order                6 p ttached
                                                                                                          at 30 mA
to these Minutes is an item called Board Action containing                                                all items on this agenda                   and          those
items are             incorporated
                                     herein II

                                            INVOCATION PLEDGE ALLEGIANCE Vice-Chairman
                                                       OF


Norris the Invocation and led the Pledge of Allegiance Chairman Sue informed that
gave
Commissioner Cooke would not be present tonight due to the passing of his step- father III
ADJUSTMENTS


                                           APPROVAL   OF Chairman Sue
                                                      AGENDA


asked if there were any                               adjustments   to the agenda The                 following   adjustments   were made                       1

Commissioner
Warren      requested to                                table           Item   VIII-2    Southport   Planning
                                                                                                     Board      ETJ appointment                     Vice-Chairman Norris
moved
approve the agenda as amended The
to                                                                                   vote            of   approval              was unanimous IV   PUBLIC        COMMENTS

Chairman


                                                                    Sue asked if


there was anyone in the                                 who wished to speak regarding any item on the agenda or
                                                       audience

any      matter   that           was   not included in the agenda The fol owing citizens addressed the Board
                                                                                                                                           3


1            Jim Bradshaw Economic               Development        Director announced that Brunswick         s
                                                                                                              County newest
                                      by      to be open        December 1 2009   creating    10   jobs initially with plans of
industry Caraustar plans
                                                                     distribute paper tubes from        their              facility   to
expanding in the future Caraustar will                                                                               new

International Paper and other regional plants                       that need paper products


                                              V APPROVAL OF CONSENT AGENDA



Huey Marshall County Attorney asked to amend October 19 2009 Regular Meeting Minutes
under Item IX-1 adding a 4 to discuss matters relating to the location or expansion of business
             by
                                                   3
                                                   a
in the area served by this body after NCGS 143-318 11 The Clerk noted that this change had

been   made Commissioner Warren
moved toapprove the Consent Agenda as amended                                         The   vote          of approval was    unanimous
The           following items          were          approved   A   Minutes

1              October
14             2009        Agenda    Minutes 2 October
                                    Meeting

19              2009 Landfil Workshop Minutes3October
19              2009 Regular Meeting Minutes B Tax


1               November
Tax             Releases C Finance


Water           Fund-

    Water Distribution Revenues Educational

    Program

    Fees 617140-335032 500                                             Expenditures
                                                                       Miscellaneous                     Expense

    617140-449900
     500The                                                            amendment
                                                                       above                             is

to appropriate Educational Program Fees        intheWater                           Distribution Budget for expenses associated   with     the

educational program scheduled for November 52009 to beheld at the Brunswick County Complex Health

Fund- Bioterrorism Preparedness

     Revenues State Revenue Restricted

     135186-332000

     20 000 Expenditures                                               Special
                                                                       Program                       135186-423100
                                                                                                     Materials

     20
     000 The                         above                             is
                                                                       amendment                     budget
                                                                                                     to

afunding authorization from the   North Carolina providing an additional 20 000 over the
                                               State       of

original  of
          60 allocation      a total of 80 The funds are provided for expenses in preparation
                                        000    for             000               planning
for H1N1 vaccine distribution D Operation Services-Mosquito Control Proposed Water


Management  Projects Staff approval of a proposed water
                     requests
 management project by the Mosquito Control Division for the Edna M Gause Project in
 Ash and the Town ofBelville Project
                                                                                                                                                                                   4

E                Social Services-Carolina IncContract Staff
                        Rehabilitation
                                                with Carolina Rehabilitation Inc for work first services F
requests         approving contract

Town              ofShallot e Interlocal Agreement                     Staff
                                                                    Agreement with the Town ofShallot e G
requests approving            proposed Interlocal

                                                                            Annexing Hazard Mitigation Plan ofthe
                 -Proposed Resolution In of the
Planning                                            Support
                                                                            Mitigation Plan Staff
City            of Southport with the Brunswick County Multi-Jurisdictional Hazard
requests
                                                                            Plan of the City                                                                               of
 approving the    Resolution In Support of Annexing the Hazard Mitigation
                                                                 Plan RESOLUTION IN SUPPORT
 Southport with the Brunswick County Multi-Jurisdictional Hazard Mitigation
                                                              THE CITY OF SOUTHPORT WITH
 OF NG THE HAZARD MITIGATION PLAN OF
           ANNEXI
                                                             WHEREAS the
                      MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN
 THE BRUNSWICK COUNTY
                                             FederalEmergency


                                                  Division of Emergency Management require each county
 Management Agency and the North Carolina
                    to   a Community Based Hazard Mitigation Plan or participate in aMulti-Jurisdictional Hazard
 and municipality    adopt
 Mitigation      develop Hazard Mitigation
            Plan to                                                                           Strategies that   are     appropriate    for the county                       or


 municipality           and WHEREAS Brunswick County   adopted aMulti-Jurisdictional
                                           comply                                                                                                              federal and state
 Hazard Mitigation Plan on October 2004 to
                           4                                                                                                                            with


 requirements
                and   WHEREAS the plan adopted   by the
                                                                    8 2009 and must be updated for the municipality to continue
   City                     of    Southport will expire on November
                                                                          the event of a  disaster and WHEREAS the Federal Emergency
   to               be eligible   for federal and state assistance in
   Management Agency
                                                                                                                         desire
                                                                                    Emergence Management has expressed a to
   and the North Carolina Division of
                                                              Hazard Mitigation Plans and for individual municipalities to participate
   eliminate or reduce the number of individual
                                                                Federal Emergency Management Agency and
   in Multi-Jurisdictional Hazard Mitigation Plans and WHEREAS the
     the                      North Carolina    Division of           Emergency Management have reviewed and approved the Hazard
     Mitigation             Plan ofthe                         City             of Southport      and                      desire to annex
                                                                                                                   that municipality has   stated   a


     with                  the Brunswick County Multi-Jurisdictional Hazard Mitigation Plan NOW THEREFORE       BE IT that the
                                                                                                                   RESOLVED

     Board
                                          are hereby resolved to allow the Hazard Mitigation Plan
     of Commissioners of Brunswick County
                                                       with the Brunswick County Multi-Jurisdictional Hazard Mitigation Plan This the
     of the City of Southport to be annexed
                                                                                                      s
     2d day November
        of                                                                             2009

                 Chair
       William M Sue Brunswick County Commissioners Attest


       Deborah S Debby Gore
       s
       CMC Clerk to
       the

       Board PUBLIC
       VI                                 1Pursuant
                            HEARING
       to notice duly advertised



                                                                         and posted the


                                                                                                   Chambers David
                Brunswick County Board of ssioners conducted Public Hearings in the Commissioners
                                         Commi
                R                  Sandifer Administration Building County Government Center Bolivia North Carolina
                                                                                                   CALL                                             TO ORDER
                1Proposed Map                                                  Amendment Z-09-646 I
                                                                                                                                                                                     S
                                                                                                                                                                                     C


                                                                                                                                                                             of
Chairman Sue called the Public                      Hearing to order at 6 pand announced that the purpose
                                                                        36 m

                                              public input regarding Proposed Map Amendment Z-09-646
                              to receive                                                    Bell
                                                                                            Leslie
the      hearing     was




Planning Director    explained the following                                 Item           1
                                                                                1 is
Map Amendment -TimFarmer Inc Timothy D Farmer Item
    Z-646                        Landscaping
                                                                                      to
                                                                  R-6000 High Density Residential C-LD
amap amendment initiated by the property owner This change from
                              allow
                              would              commercial use ofTax Parcels 243IB017 and 243IB018 located
                                                     for
Commercial Low Density
                                                               Ocean Isle Beach NC
at6913 and 6917 Robinson Street SW SR 1876 near
                                                                                                                                                                    An


amendment to the Official Brunswick County CAMA Land Use Map has been requested from                                                                               MDR
                                                                                                                           243IB017 and 243IB018 located     at
Medium Density     Residential         to Commercial        for Tax Parcels
                                                                                                                                        Beach NC             rezoning
6913 and 6917 Robinson Street SW SR 1876 near Ocean Isle
                                                                                                                                                      This


totals approximately 0
22 acres Planning                                               approval
                                                                recommends
                                      Staff                                  to




C-LD Commercial Low Density                                                   recommends
                                                                     Planning Board         approval to C-LD
                                                                          0
                                                                        6 toPlanning Staff                                   recommends approval        to the   Official
                   Low Density                      unanimous
Commercial

                                                                        Use Map from                   MDR                   Medium     Density Residential to        Commercial
Brunswick          County LAMA                      Land
 for Tax Parcels 243IB017 and      located at 6913 and 6917 Robinson Street      243IB018

 SW SR 1876 near Ocean IsleBeach NC Planning Board recommends approval to the Official
                                                                             Use Map from MDR Medium Density Residential to                                           Commercial
 Brunswick         County CAMA                         Land
 for Tax                 Parcels 243IB017 and   located at 6913 and 6917 Robinson Street
                                                                                 243IB018

 SW SR              1876 near Ocean Isle Beach NC unanimous 6 to 0IIPUBLIC COMMENTS Chairman

 Sue asked    if

                                                                there were any


                                                                                                   proposed amendment There were no
 members of the audience who                         wished     to address the Board regarding the
                    III AD iOURN Commissioner                                         Phillips moved   to
 comments

                                                                              close thehearing


                                                                  m The                                of      was Commissioner
                                                                                                               approval unanimous   Warren moved to   approve               Second
  at6 37                                                    p                                vote
  Reading


                                                                                                                                        by        Planning Board
  and Adoption ofMap Amendment Z- 09-646 as recommended                 the
  The of approval was unanimous 2
  vote                            Proposed Map Amendment Z-09-647 I TO
                                                                   CALL




                                                   ORDER   Chairman Sue                                  Hearing
                                                                                                         Public
                                                                                                  called the


                                                                       to order at 6


                                                                                                                                                                               Map
  37p m and announced                                     that the purpose of the was receive public input regarding Proposed
                                                                              hearing to

                                                  Director explained thefollowing Item 1
                                  Bell Planning                                                    Z-647
                                                                                                   Amendment
                                                                                                   Map
  Amendment   Z-09-647   Leslie




  -Thomas Hutton    Eng Co Jack Reel AMENDED
  Item is a
       1                            map initiated
                                    amendment                by the property owner This change

  from RR Rural Low Density Residential to    I-G Industrial General would allow for industrial use F T
                                                                                                  south of
                                                                 Parcel 0140 H101 1 cated
  A89 1- far that of Tax          portion
   railroad
   the line on                        Andrew                                      n
                                                                     76 n a T co ii m
                                                  Jackson Highway US 74 T
                                                                                                           n
                                                                                arc         ien   i
   n-D                                     D
                                           1
                                                           a
                                                                                                       n
near        Navassa NC                                  An amendment to the Official Brunswick                                                                          County         CAMA Land Use                                         Map          has

been                                        from Conservation to Industrial
                                                                                                                                           r
                                                                                                                                           f T D
                                                                                                                                                                              91-4AAAA-p that portion
                                                                                                                                                                              for
                                                                                                                                                                              -                      of                                           Tax Parcel
            requested
01400001 located south of the railroad line on                                                                                                        Andrew   Jackson Highway                           T
                                                                                                                                                                                                   US 74 76
ti      n                  a              t     iev       i        n                   a                        r
                                                                                                           n n nan n                                                    near
                                                                                                                                                                                   Navassa    NC This
rezoning    totals                      approximately    -
                                                        1 1
                                                         8
                                                         124                                                                        149-g- acres
                                                                                                                                           Planning   Staff




recommends                                           that
                        approval to 01400001 located General                                                                              portion of Tax Parcel line on Andrew
south                          of the railroad Navassa                                                     NC Jackson                     Highway US 74 76 near     I-G General
                                                                                                                                                                    Industrial
Planning Board
recommends                                          portion
                       approval to 01400001 located that                                                                                   of Tax                                       line on Andrew Jackson
                                                                                                                                                                                      Parcel

south                          of the railroad Navassa                                                     NC Highway                     US     74 76                                              recommends
                                                                                                                                                                                      near Planning Staff approval
unanimous 6 to 0                                                                 I-G          Industrial

                       the Official                                                                                County    CAMA Land Use                                      Map             from Conservation to                                    Industrial
to                                                                                      Brunswick
for that                                                portion   of Tax Parcel                                               01400001         located south of the railroad line on Andrew

Jackson Highway                      US     7476 near                                                                         Navassa NC Board recommends
                                                                                                                                      Planning                                     approval

                      the Official                                                                                     County CAMA Land                 Use                      Map             from Conservation to                                   Industrial
to                                                                                            Brunswick
                                                                  ofTax Parcel                                                                 located south of the railroad line on Andrew
for that portion                                                                                                01400001
                                                                                                                                  to0 II                                                                                  PUBLIC COMMENTS    Chairman
Jackson Highway                      US 7476                                                                            unanimous
                                                                                                           near Navassa NC 6

                                                                                                            Sue asked if


there were any members of the audience who wished to address the Board regarding the proposed amendment
     following         addressed the              1      JimBradshaw Economic                Board
The                                     citizens
                                                                                                                                                                                                                                                              III
 Development Director informed that                                                       the developer                                               was present to                          answer                     any                questions
ADJOURN        Vice-Chairman        Norris

                                                                                                                            moved     to


close hearing at 6 38 p                                                                                                                                 The    of was
                                                                                                                                                               vote approval           unanimous Commissioner Phil ips   moved                            to
the                                                                                                                                    m
 approve


 Second Reading and                                                                                Adoption ofMap                               Amendment         Z-   09-647 as recommended by the
 Planning The vote of approval
 Board                                                                                               was unanimous                           3Proposed          Map Amendment Z-09-648 I


                                                                                       CALL     TO ORDER                                          the
                                                                                                                                                  called
                                                                                                                                         Chairman Sue


                                                                                                              Public        Hearing to order


 at639 p m and announced that the                                                                                                                     purpose the was to
                                                                                                                                                      of hearing        receive public input regarding

 Proposed   Map                     Amendment   Z-09-648 Leslie              Bell Planning Director explained the following                                                                            Map
                                                                                                                                                                                                       Item
                                                                                                                                                                                                       1



 Amendment Z-648                     -Jonathan W Washburn                                                                    Item    1
 is a

 map amendment initiated theproperty owner
               by
                                                                                 would allow for commercial of
                                                                                                 use
 This change from         High Density Residential to NC Neighborhood Commercial
                           R-6000


                   Parce1038JA0361ocated on Blackwell Road SE SR 1551 near Belville NC This rezoning
 Tax
 totals                                                                approximately    770 acres                                           Planning Staff       recommends   approval to
 NC         Neighborhood                  Commercial
                                                                                                                                                                    6 to   0
Planning       Board recommends                                 approval          to NC         Neighborhood Commercial unanimous

                                                                               II PUBLIC COMMENTS

                                                                                                                                     Board
Chairman Sue asked if there                                     were           any members of the audience who wished to address the
                                              amendment The                         following citizens addressed the Board
regarding          the        proposed
                                                                                                           of the
1   Attorney                Jonathan Washburn                              requested approval                           proposed rezoning

                                                                                    III ADiOURN



Vice-Chairman moved to close the hearing
Norris                                                                                               at         6       p The
                                                                                                                        41 m              vote of approval     was             unanimous

Commissioner


Warren moved toapprove Second Reading and Adoption                                                                             of Map Amendment Z-09-648
as
recommended   by     the anning Board
                        Pl                                               The         vote of approval was                  unanimous Commissioner Warren

moved torecuse Chairman Sue from the next Public Hearing and to allow                                                                                                   Vice-Chairman to

substitute Chairman The vote ofapproval was unanimous 4 Proposed Map
as


                                                             Amendment                  Vice-Chairman
                                                                                        ORDER
                                                                                   CALL TO
                                                                         Z-09-649 I

                                                                                 Norris called the Public



Hearing order at6 42
to                                                                                     p m and announced that purpose the hearing was to
                                                                                                         the of

receive public input             regarding    Proposed   Map Amendment                                                            Item
                                                                                                                                  following
                                                                                 Z-09-649 Leslie Bell Planning Director explained the

1Map                        Amendment Z-649 -William M Sue
Item 1 is a                              map initiated by the
                                         amendment

property owner This change from NC Neighborhood Commercial to R-6000 High Density Residential would allow for

residential use ofParcel 029GB003 located at1512 1508 and 1506 Lincoln Road NE
                                Tax
SR 1455 and Post Office Road NE SR 1486 near                                                                                  Leland NC This      rezoning totals approximately 0

54 acres                  Planning   Staff recommends
approval                  Residential
           to R-6000 High Density                                                   Planning




Board recommends approval to R-6000 High Residential 5 to
                                    Density
        with Dr Flythe opposing II     PUBLIC COMMENTS Vice-Chairman Norris asked                                                                              if    there were any
1
members of

                                                                               the audience who


wished address the Board regarding
to                                               the proposed amendment There were nocomments IIIAD iOURN Commissioner

Warren        moved                   to close the hearing at 642


                                                                                       The
                                                                                     p m


vote of approval was unanimous                                                        Commissioner   Phillips   moved   approve Reading
                                                                                                                        to Second         and    Adoption of   Map              Amendment

 Z-


 09-649 as recommended by the Planning                                                                                     The                               was 3
                                                                                                          Board                  vote of approval
 ayes
 Warren        Phillips    Norris                        Chairman        Sue   recused
                                                                                                        act   as Chairman    for the remainder                 ofthe meeting
Vice-Chairman to allow Chairman Sue to
moved
The vote of approval was unanimous 5

                                   Proposed   No Wake                   Zone for Part ofthe Lockwood Folly River I


                                                                                 CALL TO ORDER Charrman


                                                                                                                                                                                              the
Sue called the Public Hearing                                         to order at6 43 m announced that the purpose of
                                                                                    p and
                                                                                                                       the Lockwood
 was to receive public
hearing                                                            input regarding a Proposed No Wake Zone for Part of
Folly River Huey


                                                                                                       the       North      Carolina   Wildlife Resources                      Commission
Marshall  Attorney explained that
                   County
                                                                                                      and designate waterways     as No                                 Wake   Zones upon
through its rule-making authority create
                        will
                                                                                                                                        the Board requesting                       that
completion of a public process                                           and approval of a Resolution from
                                                                                                                                                    Waterway Marker            System
theCommission promulgate regulations                                     fully implementing the Uniform
IIPUBLIC

                                                                               COMMENTS Chairman      Sue

                                                           audience who wished to address the Board regarding the
 asked if there were any                   of the                   members

                                                                    the Board 1Gerard
 proposed amendment The following citizens addressed
                                                                                      Zone 2      Fred
  Konecny presented a power point presentation of the proposed No Wake
                                                                               that cause damage to floating docks
 Loepp Winding River resident expressed concerns with boat wakes
                                                                                            Zone 3    Robert
 and             shoreline in thisarea of the river and supports the proposed No Wake
                                                                stated that depth has                         gone          from 31 feet to 11 feet due to erosion of
 Duke           Winding River                 resident
 the river bank caused by boat wakes and supports the No                                                                      Wake Zone 4Joe

 Taylor Sunset    resident opposes the No Wake Zone as presented
                     Harbor
                                                                                                                                         stating   that the area is
 too             long for idle                speed and         would     create additional boat traffic problems especially                        in summer months
 5An

 unidentif ed   citizen who was aCoast                                           Guard   Auxiliary member     agreed that a problem                              does
                                                                                                                                                                        exist in
                                                                        courtesy and some do                                not and     agrees that the area is too long
 this area in                     that        some boaters   exercise


  for           a        No Wake Zone The County

                                                                                                                                                                                    was
  Attorney       indicated that                          the previous success                     of No Wake Zones in the Davis Canal area
                                                                                     petitioners had agreed to pay for the
                                                                                                                                      signs The Board asked if
  at no                    expense to the county as                     the
                                                                                                                  Attorney indicated that hehad no
  the petit oners had   agreed                               to pay for              the No Wake signs and the
    knowledge    of   this III AD

                                                                                            iOURN   Warren
                                                                                                    Commissioner


                                                                                 hearing at                       58     m vote
                                                                                                                         p The                of approval       was     unanimous           Commissioner
    moved to close                                                        the                       6
    Warren

    moved toadopt the Resolution for a Wake Zone There was
                                      No


                                  the      of wetlands and unbuildable areas involved inthe request and
    discussion        regarding                              amount
                                                           take this into consideration There was
    concerns if theWildlife Resources Commission would
                                                                         for the required signage Commissioner Warren
    also discussion regarding thepetitioners agreeing to pay


      moved to approve                                                   the    Resolution provided that                     the             petitioners pay   for                signage
                                                                                              certain                           for No Wake Zones and the
There           was      more        discussion              regarding specifying                                  areas

                     indicated         that the Wildlife Resources Commission                                              would receive               the recommended
Attorney
request from the Board of Commissioners

Vice-Chairman moved
Norris                                            to recommend       by                 the   Resolution   tothe                           Wildlife   Resources     Commission

that they                                     this area                     a          Wake Zone stipulated                 by this                   Board that the petitioners
                                   consider                           for         No


pay                    for signage   There

was             more discussion   regarding               to possibly table             this matter and allow the petitioner                            to come             back

with more               specific
                                     No                   Wake Zone designation   or                       that         the Board        should make              those designations

Chairman

Sue moved                         to          recommend   that the Wildlife Resources Commission establish 4 Wake
                                                                                                            No

Zones on                    the    river according        to Exhibit A a map with areas                                      designated
                                                                                                                                         by the Board provided
                                          be paid                                                                            approval   was unanimous VII
that signage                will                           for by the petitioners The vote of

                                                             ADMINISTRATIVE REPORT 1



   Transportation Plan Resolution Marty Lawing Staff
Comprehensive
                                                                                                                                                                       for Brunswick
               the Resolution Adopting a Comprehensive Transportation Plan
recommends approving
County Marty


Lawing County Manager explained that                                                   North Carolina                   General Statute                  136-66        counties
                                                                                                                                                                       2
                                                                                                                                                                       authorizes

with the cooperation of the Department                                                 of     Transportation                to          develop               a     comprehensive   transportation


plan which may be adopted by both the governing body of the county and
the Department of Transportation The North Carolina Department ofTransportation provided technical
assistance           in the development of                           was initiated inFebruary of 2006 A
                                                                      the                 plan which

CTP Steering Committee consisting of             County officials and representatives from the municipalities within
                      county guided the process Several public drop-in sessions were to                receive public input
the                                                                                   held
into the plan                  and a public hearing was held at the Board of Commissioners meeting on October

20 2008 The plan was on the December 12008 Board agenda for approval but the item
was removed from the agenda Commissioners had expressed concerns regarding provisions fora

dedicated four-lane limited access corridor address theimpact of the proposed NC International Terminal This
                                     to

issue is addressed in a onPage 3 of the plan The NCDOT has reported
                                                    note

that all of                    the municipalities within the county have approved the proposed plan The proposed
Comprehensive Transportation Plan includes recommended freeways expressways boulevards major
and minor thoroughfares that are anticipated to help meet travel demands in
the county over the next 30 years based on the best information currently available regarding population growth

economic conditions and prospects and patterns of land development This Comprehensive Transportation

Plan
         projects for which there has been no funding source identified                                                                                                  project
includes                                                                                                                                                           or


schedule developed with the exception of projects currently included in the Transportation                                                                         Improvement Plan

Chairman Sue moved to


approve the Resolution Adopting aehensive Transportation
                                 Compr                                                   Plan                     for
                                                                                                                         Brunswick as presented
The vote of approval was unanimous RESOLUTION ADOPTING                                    A COMPREHENSIVE




                     TRANSPORTATION PLAN FOR BRUNSWICK COUNTY NORTH
                                              CAROLINA
         WHEREAS Brunswick County the Municipalities of Brunswick County and the Transportation
Planning Branch North Carolina Department of Transportation actively worked to develop a comprehensive
transportation plan for Brunswick County and
         WHEREAS the County the Municipalities and the Department of Transportation are directed by
North Carolina General Statutes 136-66 reach an agreement for a transportation system that will serve present
                                 to
                                 2
                                                   of traffic in and around the county and WHEREAS
and        anticipated    volumes
               it                                   that the proper movement of traffic within and through
                                                   is recognized                                                                                                    Brunswick       County
                                         element of the comprehensive                                                     the orderly    growth and               development   ofthe
is a highly               desirable                                                           plan for
county and WHEREAS

               after                               full study           of        the plan    and             following   a   public
                                                                                                                                       hearing the Brunswick County Board
of Commis ioners feels it to be in its best interest toadopt                                                              a    plan
                                                                                                                                       pursuant toGeneral Statutes 136- 66
NOW
2
               THEREFORE            BE                                       IT    RESOLVED   that the                     Brunswick    County            Comprehensive         Transportation
                       on amap dated November 52007 be approved and adopted as a guide in the development
                                as
Plan                                       shown

ofthe transportation system in Brunswick County and the same is hereby recommended to the North
                                                                                                 subsequent
Carolina Department              ofTransportation for its                                                     adoption Adopted

               this                  the 2                    day
                                                              d of       November 2009 s



William Sue Chair Brunswick
M
County                   Commissioners   Attest

s
Deborah Debby
S                            Gore Clerk                            to the Board 2



 -Proposed Map Amendment Z-09-650 First Bell Staff recommends approval
Planning                                     Reading
                                             Leslie
ofFirst     Reading                                        Hearing
                                                           Public for December
                    of Map Amendment Z-09-650 and schedule a                                                                                                                          7   2009

at                      Planning explained
    630p m Leslie Bell Director


the following              Item 1Map Amendment Z-650
-Kendra Bro kins Item 1            is map amendment
                                   a
                                                                                         Commercial
initiated by the property owner This change from R-7500 Medium Density Residential to NC Neighborhood would

allow for commercial use of Tax Parcels 1390004205 Requested by Applicant 1390004206 and
1390004207 Added by Staff located offOld Ocean Highway Old US
17 N Piney Grove Road SR 1445 and Thomasine Lane NE near Bolivia NC An amendment
to the                   Official   Brunswick County                    LAMA Land Use Map has been          requested                                              from MDR Medium
                                                                 Requested by                  for Tax Parcels 1390004305
Density Residential to CC Community Commercial
Applicant 1390004206 and 1390004207 Added by Staff located off Old
Ocean Highway Old US 17 N Piney Grove Road SR 1445 and Thomasine Lane NE near

Bolivia NC This rezoning totals 210 acres Chairman
Sue        moved                      First
                                    toapprove                      Reading




ofMap Amendment Z-09-650 and schedule                                                                                         2009
                                                                                                                              7
                                                                                                                          for December at 6
                                                                                              a Public Hearing                             30

p                           3-Proposed
 m The vote of approval was unanimous Planning UDO Ordinance Text                                                                      Amendment   UDO-09-09   First


 Reading   Leslie Bell Staff recommends approval of                               First UDO Ordinance
                                                                                  Reading
                                                                                  of

 Text Amendment
 UDO-09-09 and schedule a Public Hearing for December 7                         2009 at   p
                                                                                          30
                                                                                          6

 m Leslie Bell Planning Director explained the fol owing Item 1 Article Limited
                                                                Amend 5


 Use Standards               Section                  523 Use
 Table and
 add Section 5 3S Y Flea Market flea markets as aSpecial Exception Board
                         to
                         allow                           Permissible
                                                         by
                                                         the
 ofAdjustment in the
                                                                                                                                                                           Q
C-LD
Commercial
 Low                                                 Density   C-I      Intensive
                                                                        Commercial            and I-G                        Industrial General
                                                                                                                                        Zoning    Districts Item
2 Amend

Article 5
Permitted Uses Section 5                                               Structure
                                                                       Storage
                         2 Use Table include Residential Personal Non- Commercial
                                           to
with                   Use Standards Article 12 Definitions to add a definition for residential
                                         Limited
personal                      non-commercial   structure
                                               storage                  amend
                                                                        and Article                                  5 Permitted Uses add Section
53 3LResidential Structure proposed text
     Storage the
     Personal Additional
     Non-Commercial to
amendment staff would toadd a  Commentary to Section 54 Accessory Structures and
                                                also like
referencing Section 5
Uses                                       Non- Chairman
                                           Commercial Sue
                     3 3 L Residential Personal Structure
                                           Storage
moved                                  to approve

                                                                     schedule a
First Reading   Development Ordinance Text Amendment UDO-09-09 and
                                                of Unified
       December
Public Hearing 7 2009 The
       for                           vote of approval was unanimous 4 Planning -2009

Community                Development           Block


Grant               CDBG                          Capacity Building         Administrative                Guidelines and     Policies Louise McGarva
Staff recommends approving the 2009                                                                  Community
Development Block                                 Grant         Capacity Building Administrative Guidelines and Policies                           as presented
Louise McGarva Community Development                                          Administrator   explained

that the               Brunswick County Planning and Community Development Department applied
and                awarded aCDBG Capacity Building Grant in the amount of
                          was

75             000 on behalf of Countywide Community Corporation CDC The Capacity Building Funds
                                           Development
will support a project that will primarily benefit low and moderate-income citizens of
Brunswick County A requirement the funding is the adoption ofthe Administrative Guidelines and
                     of

Policies pursuant to the 2009 CDBG Capacity Building Grant #09-C-1951 program Staff recommends that
          Commissioners to
          resolve
the Board of

collectively adopt the following resolutions guidelines plans and policies                                               and resolves                 that   they
be                                                                the    administration            of Brunswick     County   s            2009    CDBG   Capacity   Building
                                         utilized during
Grant Program 1Assurance 2
               Condition  Signature                                                                   Authorization Resolution    3Section

 504 Plan 4
Request         for Release of
Funds           5Fair Housing
Plan            6Fair Housing                              Policy 7
Residential     Anti-displacement and Relocation
Plan            8Local Economic
Benefit         Plan                           3
                                               Section                9EqualEmployment

and             Procurement Policy 10 Code                         of Conduct
Policy      11 Work Plan Condition 12
 Performance Based Contract Condition Vice-Chairman
 Norris moved to approve
 the 2009 Community Development Block
Grant
Capacity                                             Administrative Guidelines and Policies as presented The vote of
                                                Building

approval was                                                                       Planning
                                                  unanimous 5 -Urgent Repair Contract Award to Northwest Construction Company
DTM


 Construction        Louise McGarva
                                                                               Contracts to Northwest Construction
Staff recommends      approving    the award of two     Urgent Repair
                                                                      800
                                                                      00
                                                            amount of 2
Company      in the amount of 3 and DTM Construction in the
                              900
                              00

                                                       Administrator          explained       that Brunswick      County has
Louise McGarva       Community Development
                            from the North Carolina              Housing      Finance     Agency     for the 2009     Urgent
been awarded       000
                   75
                                   000
                                   15 County                      match for the rehabilitation of 20 residential
Repair Program URP09 with             a

                                                                              needs to low and very low income
units   This funding will provide urgent housing repair
                                                                                                             or
                                                                              imminent threats to their life and
households in addressing housing conditions which pose
                                                                              and         and occupy the home in need
safety Eligible applicants reside within Brunswick County
                                                                                    own


of repair
Staff recommends awarding the following contracts to
                                                      in the amount of 3
                                                                       00
                                                                       900
Northwest Construction Co for Helen McGee Leland NC
DTM Construction for Mary Bernard Bolivia NC in the amount of 2800
                                                               00

                                                                    Contracts to Northwest
Commissioner Warren moved    approve the award of two Urgent Repair
                                     to
                                                                                 amount of
Construction Company in the amount of 3900 and DTM Construction in the
                                       00
2 The vote of approval was unanimous
800
00

6       Parks Recreation -Lease Extension for Leland Dixie Youth Baseball Jim Pryor
                                                   Leland Park Property with Leland Dixie
Staff recommends approving the Lease Extension for
Youth Baseball Inc


                                                                         Dixie Youth President
Jim    Pryor Parks and Recreation Director and Bobby Child Leland
                               1995 the County entered into a lease agreement with Leland Dixie
explained that on October 2
                                                                the Leland Library Building that
Youth Baseball regarding the County owned building formerly
                                                             was for the term of 20 years with an
resides on the property of Leland Park The lease agreement
                                                             Baseball uses this building as their
expiration date of October 2 2015 Leland Dixie Youth
                offices and has been             for the          and maintenance of the facility
                                                                           upkeep
 administrative                                responsible
                                       roof of the building has experienced failure                           and the   facility
 through      agreement Recently the
             the
                                                         Youth has received quotes                            for           roof
 is in dire need of a new roofing system Leland Dixie
                                                                                                                    a new


               20
               000
               000-
 ranging from 12

 Leland Dixie Youth Baseball has offered           a   proposal  County that they will incur the costs of
                                                                    to the
                                                                                another 30 years This
 the   new    roof if the County is willing to extend their lease agreement
 proposal     extension would set the expiration date of the lease to October 2 2045


 The Parks         Recreation    Advisory    Board reviewed the request at their October 20 2009                        meeting
                       recommended                     of the lease extension             as
                                                                                               requested      Staff does     not
 and    unanimously                        approval
                                                                                               in which the               exists
 anticipate    immediate   use   of the   building itself   or   the   area   of the   park                   building
 over   the foreseeable future


                                                     Extension for Leland Park Property with
 Commissioner Phillips moved to approve the Lease
 Leland Dixie Youth Baseball Inc The vote of approval was unanimous


                                                  from BARK to Construct                  a   Dog   Park at Shallotte Park
 7       Parks       Recreation    -Proposal
 Jim Pryor
 Staff recommends                     the request of BARK to fund the construction of                         a   Dog   Park at
                         approving
 Shallotte Park


                                                             Parks                              Recreation    Comprehensive
 Jim        Parks and Recreation Director explained that the
        Pryor
                                                    demand in the                                      existed for   Dog    Park
 Master Plan adopted June 1 2009 indicated that a                                             County
facilities The             plan   made recommendations that this type of facilities would be                                                    an   asset to the      park
system in both             existing parks          and future                parks

After the   adoption of the Comprehensive Plan staff was approached by BARK a local
organization that promotes the benefits of canine care regarding a partnership with the County to
construct dog parks Such facilities are in future master plans for Cedar Grove Park Ocean Isle

Beach Park and potentially in the Smithville Park expansion projects However BARK wanted to
see if there was potential to add a dog park facility to some of our existing parks  The existing
                                               Brunswick River Park and Northwest Park were
parks of Shallotte Park Town Creek Park
considered for opportunities for potential dog park areas BARK was informed that at the present
time the County did not have Capital money planned for such a project and anything that could be
done would require a financial contribution



Through fundraisers and donations BARK has raised nearly 6000 for the purpose of building a
dog park Out of all the options reviewed they felt the best location was in the front left corner
area of Shallotte Park Staff met with BARK at Shallotte Park in September to stake out an area

and draft a plan for the dog park The plan and measurements were also to ensure that they had

enough funding to complete the project to the standards of the County

Dog      Parks       are   a   relatively experienced tremendous success
                                                  new    concept but have                                                                                     The rise of
                                                                                                                                                             the drive for
multi-family increase ofdog ownership and more stringent leash laws has led
dwellings
controlled recreation areas                    for dogs        to            run off leash This concept    has become very popular for socialization
ofdogs                                          as                               the Dog   Parks   The              demand definitely          exists            in Brunswick
                               as        well         people
                                                                 at
County           Shallotte           Park is the most used park
                                                            and     there                               presently                           is a      lot   of canine activity

in the park Staff agrees that afacility in this location will be a great recreational benefit to
the park system and if approved this facility will generate great interest and funding support through

BARK for the addition offuture facilities throughout the County The
Parks Recreation  Advisory Board considered theproposal from BARK attheir October 202009
meeting and unanimously supported the proposal With
this proposal staff requests that if approved the official name of the facility be Bark Park at Shallot e
Park Commissioner


Phillips                                                                    a
                      toapprove request from BARK tofund the construction of Dog                                                                                        Park
                           moved
at Shallot e Park The vote of approval was unanimous 8


Parks        Recreation        -Proposed           Amendment                     Update                   to                   Volunteer   Background       Check
Policy        Jim Pryor Staff
recommends   approving the                           amendments to Volunteer Background
                                                                  the                                                Check                     Policy of the Parks

Recreation       Department       Jim

Pryor        Parks        and     Recreation    Director                   explained    that            on         2 2007 the County Commissioners
                                                                                                                      April

                                                                           Background   Check             policy  proposal This policy evolved
formally                     adopted a                         Volunteer

from a much needed national trend of aiming                                                to protect         youth especially in sports programs
                                   criminal backgrounds                                                             original   policy in                    Brunswick County
from those volunteers with                                                                 The
          primarily on recommendations from                                                        the National          Recreation           Parks                   Association
was based

Presently



such apolicy still remains a tool to help ensure safety of participants and offer quality
                                         vital


programs However after recent review staff determined that the original policy adopted in
2007 had some items that have become outdated as well as some of the operational practices that
have changed over the years making it very tough operationally to manage the policy Over
                                                                                                                                        4

                                                          staff   the Parks               Recreation   Advisory   Board and     County
the past 2 months Parks                         Rec
                                               reviewed and amended the                            to current standards   The intent of
Attorney Huey Marshall have                                                               policy
the       policy   has not   changed The primary changes exist in the clarification of which                          volunteers will

be checked the             specifics of the offenses have been better clarified and the appeals                       process   clearly
defined
                                                                                                                    of the   policy   and
Staff recommends              approval of the amended document to help with management
still     provide    the   duty of security needed to attempt to offer quality programs

The Parks             Recreation        Advisory Board reviewed the proposed amendments to the policy at their
October 20 2009                    meeting The Board unanimously recommended approval of the amended
document


                                          moved                                   Volunteer Background Check
Commissioner               Phillips                toapprove Amendments to the
             of the Parks               Recreation Department The vote of approval was unanimous
Policy

9Utility Operations-Proposed Contract Amendment Jerry Pierce Staff
         AECOM
              an amendment tothe AECOM Contract for water storage tank improvements
recommends approving

in the amount of 17 400 the associated budget and capital project ordinance amendments
                          and
Jerry



Pierce Utility Operations Director explained that on the original contract for the design of the
raising of the Rampage Tank and construction of new elevated water storage tank in the Southwest
                                                  a

 section of the County the consultant was to design the foundation for only one style of tank
During the design process itwas determined that the cost of composite-style tanks decreased significantly
                                                                            had
             tanks were determined to be competitive with the multi-legged steel tanks
Composite-style              now
The
composite-style tank required adifferent design than a multi-legged steel tank so the
                                          foundation
consultant
had             to design two different foundation systems When the bids were opened the


composite-style tank was   determined
                                        to    be   the responsive
                                                   lowest                           bid        instead
                                                                                            Due to use of concrete

of          steel for a major portion of the tank the         maintenance cost of the tank will be
                                                                              long-term         reduced
when compared to amulti-legged steel tank Also the original contract did not wetlands delineation and
                                                                            include
wetlands permitting The site chosen for the tank was adjacent to wetlands and limits
of the wetlands had to be determined and shown on the plans submitted for regulatory approval Staff recommends
approval of the contract amendment for the

 design ofthe composite tank foundation system and wetlands delineation and permitting in the
amount of 17 400 Vice-Chairman Norris moved to approve the amendment to              the

Contract
AECOM for                       water storage tank improvements in the amount of17 400 and

the             associated budget and capital project ordinance amendments vote of approval was unanimous 10 Utility
                                                                The
Operations-Proposed    Contract with AECOM Technical Services for the


 Design    of FY 2010 Water Transmission System Improvements for NC 211 Grey
Bridge Road and Service Road Jerry Pierce Staff recommends approving the Contract with AECOM
Technical Services         in the
amount of110 250 and the associated budget amendment and capital project ordinance
Jerry Utility
Pierce                 Operations Director    explained   that funds          have been included

                                                  construction ofwater transmission system improvements
in the FY 2010 Capital Improvement Budget for the
                                  Bridge Road and Service Road Construction
in three areas NC 211 Grey
of the water mains                      in
these locations will                        improve                 fire flow and water                    quality    in those                   areas          It will also             provide
redundancy         to ensure                 reliable and constant water service in                                  case            of a water main break


The                                     include construction of                            a       16 water main in the                        NC
                                                                                                                                               right-of-way
                                                                                                                                               of                            211 from Midway Road
             improvements
                Sunset Harbor Road and a12                                                 water   main in the right-of-way of                 211
                                                                                                                                               from
                                                                                                                                               NC                            Sunset Harbor Road to
to
Camarosa Boulevard construction of a12 water main                                                                                in      Grey Bridge Road from                    Tar Landing
                                                         Road and construction ofan 8water main                                                        Service Road from            No   5
Road toShell               Point                                                                                                                 on

School Road to North Middleton Drive which will provide a second feed                                                                               into         Brunswick   Plantation The County

solicited proposals


                                                                                                                      6firms                               and AECOM was selected
from         8 engineering firms                                       Staff received   proposals          from
as the                     most          qualified              firm   for       the       work             The County staff                   has         negotiated a final scope

of work         and final fee based upon that scope of work The final scope includes the design of
the improvements outlined above and the associated construction administration and construction observation
ofthe construction contract The contract does                                                                                                  include           the survey of

an easement across the                             Realty near the new Oak Island Bridge The easement
                                                   property   of South Shore

wouldfacilitate            NC DOT permitting and construction of the project near Midway Road Staff

   approval of
recommends

the proposed contract                                           with AECOM      Technical           Services    in the amount of110 250

Water Capital     Fund
                  Reserve

Expenditures Grey Bridge to


Tar
                           Shellpoint   Transfer               to                                   Capital
                                                                                                    Water                                         amendment
                                                                                                                                                  above
Landing to 63980 -464328
Project
639800-498041 Water Capital        Proiects Fund-FY                                                 Transmission
                                                                                                    10                                                and
                                                                                                                                                      capital



                               Water
Improvements Revenues Transfer from Capital Reserve 418254-398663

Expenditures

Engineering 418254-464001 110                         250 110                                       250
                                                                                                    110                                            ordinance
                                                                                                                                                   project

250
110                                                                                                 250
                                                                                                    The                                            below
                                                                                                                                                   are

to appropriate funds in                                        the FY 10Transmission                                  Improvements   Project   County of Brunswick                   North Carolina FY

10Transmission                                                  Improvements

                                                                Project           418254   Be               itordained
                                                                                                                                                Commissioners
                                                   by the Board                                    of County
of Brunswick County                     pursuant         toSection         13               of
                                                                                           2the General                                                                       Statutes of North
                             that
 Carolina the ordinance is hereby adopted Section 1
          following                                The following                                                     amounts                    are hereby                   appropriated in

 the Brunswick       County                                     Capital Projects        Fund and                                      County   Water Capital                    Reserve     Fund
                                   Water
 for the                          FY 10                         Transmission Improvements Project
Water Proiect Fund

Revenues

                                                                                                        110 250
Transfer from Water Capital Reserve

                                               Fund                                                     110 250
Total Water           Capital Project
Revenues




Expenditures
                                                                                                         110 250
Engineering
                                                Fund                                                    110 250
Total Water Capital Project
Expenditures
                                                                                                      November 2
Section 2 This               Capital Project       Ordinance shall be entered into the minutes of the

2009                   of the Brunswick           County                Board of Commissioners
            meeting
                                                                       in the amount                                                of
Vice-Chairman moved to Contract with AECOM Technical Services
Norris                     approve
                                            capital project ordinance The vote                                                      of       approval
110 250 the associated budget amendment and
    and
was unanimous          11

                                             Scientists Proposal John Nichols Staff
Utility     Operations- CATLIN Engineers and
recommends approving                             CATLIN Engineers and Scientists for the Geotechnical
                                                  Proposal      from
                                         the
work for the Northwest Water Treatment           Plan Upgrade and the associated budget and
                                                          in the amount of 15 600
                                                                               John
capital project ordinance amendment and purchase order


                                                                   on July 6 2009 the Board of Commis ioners
Nichols UtilityOperations Assistant Director explained that
                                                                                   the design of upgrades
approved acontract with Hazen and Sawyer for work associated with
                                                                                     mi
                                                     upgrades include a 4l ion gallon clearwell
                                                                            new
to the Northwest Water Treatment Plant These                                            system
flash               mix improvements      additional chemical                     storage    and chemical feed                       improvements
                          improvements                         needed   tomake sure the Northwest Water Treatment Plant can
 The                     are
 produce and distribute              permitted capacity on aconsistent basis The geotechnical work
                               its 24 mgd

 needed for this design was not part of Hazen and Sawyer s  contract Proposals were solicited
                                                                                              work A scope
 from three geotechnical firms and Catlin Engineers was selected toperform the
                                                                                                     100
             included that outlines the work consisting of over ten soil borings to a depth of
 ofwork is
                                                    fee                                                      Commissioner
                                                                                         for this work is 15 600
 feet laboratory   analysis and recommendations The

 Warren moved toapprove Proposal                                           with                 and Scientists for the Geotechnical
                                                                                   CATLIN Engineers

 work for the Northwest Water Treatment Plan Upgrade                                           and the associated budget and
                                                                                       The vote of
                                                and Purchase Order in the amount of 15 600
 capital  project ordinance amendment
 approval was unanimous 12


                                                                                                                               John
     Operations-Final Adjusting
  Utility             Change                                   Order w                  Ralph      Hodge Company
                                                                                                   Construction
 Nichols Staff recommends
 approving the                                     Adjusting     Deduct    Change   Order with Ralph Hodge Construction Company
                                         Final
                                           Booster Pump Station            #6    Water Main Interconnection in the amount of
 for the
 12 218             Nichols
                    47
                    John

                                                                                                 change order   reflects   both additions and
  Utility Operations      Assistant Director             explained that             this
                                                                                                                           the Final Pay
  deductions to the total project scope of work The final Monthly Estimate within
                                                                            mainly
  Application indicates which items increased and decreased Deductions are
                                                                                                                              due
                                                                                                          materials testing                            Chairman Sue
                                                                                         and under-run of a
                                                   gate                                                                                    allowance
to       removal of              an     under-run a
                                      8 stub-out of                          allowance


moved

                                                           with Ralph Hodge Construction Company for
to approve the Final Adjusting Deduct Change Order
                                                              Interconnection in the amount of 12
the Booster Pump Station #6 Water Main
218 47 The approval was unanimous 13 Engineering Services-Bordeaux
       vote
       of

                                                                                       Phillips Staff recommends approving
Construction    Company Change #6 Jeff
                                  Order
Change
                                                                       Company Inc for the DSS and
Order Number 6with Bordeaux Construction
Kitchen Expansion Project as presented Jeff Phillips Engineering Services

                                                                                                               -Replace decking credit
Director explained Change Order Number 6GC-42
                                                    2 160 The drawings                                         for
                                                                                                               the
insulation wet insulation -
replace
                                                              light weight insulation concrete on the lower roof
original kitchen building indicated a type of
                                                                                               at some time replaced with tapered
area The light weight       insulation concrete was never installed or was
                                             an         to control costs itwas decided to re-use the existing insulation
                                                                 effort
 foam           plastic insulation In                                                                          also covers the cost
                                                               rather than replace with new This change order
 that in
 is                 sound condition
                                                          insulation                 new and replacing rusted metal roof decking with
  of replacing            wet           or deteriorated       with
  new GC-43 -Miscellaneous                            order   proposals
                                      change
                                                          existing stainless steel             wall
                                                                                               panels
        in kitchen 1 954 The
        existing
                                                                                   fryer were worn and
                 the existing kitchen exhaust hood behind a stove and
        under
  located
                                                                                        area it was decided to
                                               now open tothe public in the serving
             time Since this area is
   dented over
                                                                                                            area
                                                new and maintain the ease with which this wall
   replace the stainles steel wall panels with                       The room finish schedule in the
   is cleaned       Add VCT tostorage room D16 in the existing kitchen
                                                          VCT but did not Fire dampers were added where
   drawings should have shown this room to receive
                                                                                             the new kitchen addition from
   ductwork   passes through afire rated corridor wall separating
                                               code requirement that                  should have been included in       the
   the existing building This is a                                                                                  room changes
                                                               accommodate the fire dampers GC-44 -Elevator machine
   drawings No work had to be torn out to
    1
                                                                          heat                                                                                  detector
                                                                                                                                                                were
               434 exhaust fan
               An                                               and
                                                                                                        requirements GC-46 -Gas disconnects 390
     added tothe elevator machine room                              per   the state elevator inspector s

     Afryer
     new                                                                                                                                                              serving
               and in the
               griddle
                                                                                                           around the equipment The local                         inspector
     area      were          casters to allow easy cleaning under and
                      provided   with
                                                                                                                connection             provided        with aquick discon ect
      required all equipment on casters that has agas                                                                        be
                                       allowance 0 An allowance
      GC-47 -Credit epoxy floor
                                                                                                                                                                       the
             was atthe beginning of
             created
                                                                                                       known
      project for the epoxy flooring in the kitchen
                                                    At                  the time the true cost was not
                                                                that allowance to pay   for the epoxy floor
      nor were any bids received This change order request taps
                                                                                                        fire alarm
            this change order credits    the remainder of the allowance back to the County GC-48 -Add
       and
       strobes to file rooms                    per
                                                                                                   be
           fire 700 The local fire marshal required one fire alarm strobe
           marshal
                                                     in the     DSS building This is required in the event
       added to each of two file rooms located
                                                                                                    for hardware -
       of a   fire      adeaf employee happens to be in that room GC-49 -Credit owner straining
                             and
       300       The
                                                                                                                                                                  same
          hardware used onproject were the
          manufacturers this
                                              and administration                                          building projects   Training had already been provided
        as used in the law enforcement center
                                                                                                       those    projects        and    it                       was    decided
        to                             personnel twice for
                      County maintenance
         they                     did not need a   third training session
                                                                                                                                                                              1

 GC-50 Dumpster allowance from 5through project completion
 -                                     09
                                       11                                                                                                          093
                                                                                                                                                   3
  rubble
  GC-51-Haul 1
  masonry              000                                                                                                                        away
                                                                                                                                                  Hauled
two remaining loads of masonry rubble as part of allowance 2A-1 Credit the
                                                                       remaining

            epoxy floor Dexotex allowance - 21 350                                                                                               the
                                                                                                                                                 Credit
            remainder of all remaining contingency allowances -47                                                                                 TOTAL
                                                                                                                                                  210

            CREDIT BACK TO THE OWNER 62                                                                    Chairman
                                                                                                           449


Sue moved to approve Change                            Order   Number 6 Bordeaux Construction Company
                                                                       with                                                                        Inc
for the DSS and Kitchen Expansion                      Project as                   presented       The                vote of approval         was         unanimous


14




Operation               Solid Waste Landfill Fining Agreement Stephanie Lewis Staff
                  Services-
                                                                                 Penalty Payment
recommends approving Administrative Consent Agreements and Settlement and
             the amount of 12 995
                              and    the associated budget amendment Stephanie
in

                                                               Brunswick County C D received    Landfill
Lewis Operations Services Director explained that
                                                                              2009 Several violations were
an annual Comprehensive Audit by NCDENR onMarch 5
noted during the       audit and are summarized along with the corrective actions below 1


    County is in violation ofSection 0542 c that asbestos containing Wipes tiles
Brunswick                                 in
                                          2
                                                           area
                                                           D without bem covered
and b Qed were being stored adiacent to the slope of the C
      waste
The


                                                                                                                                        a threat to human health
uncovered asbestos was                  considered   tobe non-friable and did not pose
                                                                      therefore
                                                                                                                                      was not         covered   immediately
as it was stored                 away   from any public or                     human            activity   The      asbestos
                                          fact that anew cell had              just been              started   atthe time the asbestos was received
due                  to the
                                                                                    that he felt would                                                          not
and           the landfill supervisor did not have an area to cover the asbestos in
                                                                           in the Construction and Demolition
bedisturbed by future landfil activities The acceptance of asbestos
                                                                                    C
                                                                                    The
                                                                                31 1997 D landfill      is
landfill has been a normal operation since permitted on 12
                                                                                                     a
 in its twelfth year ofoperation and has always complied with state regulations This was
                                                                                                          one

                                                     the audit as noted on the audit report One of
 time violation and was immediately corrected during
                                                                                                                                              ofuncovered
 the conditions for compliance was       awritten                 to prevent
                                                               contingency   plan                                      future   occurrences
 asbestos waste which has been completed                    2Brunswick

                                                15bulk source treated
                                                in
                                                that                                                                                            and creosote
           in violation of Section 0542 e
                                                                                                                                       lumber
 Count is
 osts were accepted and stored    at the facility Creosote poles
      being


   were                  received prior to this rule becoming effective January
                                                                                1    2007 Contrary to the Project
                                                                                 commingled load with the majority of
   Supervisors   statement the poles were accepted as part of a
                                                              docks and ramps for rail cars and creosote poles
   the load being poles A rail yard renovated loading
                                                                                  ramps These poles were separated and
   were a major part of the demolition of the old docks and
                                                                               to avoid damaging the compactor and
   stock piled after the other material was removed as
                                             face of the landfill The landfill staff was trying to find a
   other equipment on the working
                                   controlling wind blown paper by using some of the
                                                                                                               poles as a type
   cost effective creative means of
                                                     during the last several audits and were never noted before One
   of barrier These poles have been on site
                                                                                        and creosote treated lumber at
   of the conditions for compliance was to dispose of all CCA
                                                                              noted on the follow-up audit Apri127 has
                                                                                                              2009
   ality permit ed to accept this kind of waste which as
                     faci

   been completed
                                                                                                                                              9


                                                               that compost is being stored in                                           a
3     Brunswick County is in violation of Section 1406 in
                                                    3
                                                         with the piles
low area which contains areas of ponded water contiguous


                            violation of this rule            was  inadvertent in that the pump which normally keeps this
The           s
              County
              free of                       water froze         Once it thawed and was turned back on the water was
area                        ponded
                                                                      piles  with the          One of the conditions for
immediately               drained and    longer contiguous
                                                 no
                                                                                                         of
compliance was               provide positive
                                    to         drainage to the compost area to eliminate the collection
                                                                                                        been
storm water                                                            audit April 27 2009 has
                      and generation of leachate which as noted on the follow-up
completed     A
                                                                     noted during this audit and
                                          2009
fol ow up audit was conducted onApril 27 h no violations were
                                               Notice ofViolation issued March 13 2009 has
it was documented onthe audit report that The
                                                                                     received on May 27 h        2009
been resolved A Compliance Order with Administrative Penalty was
                                                                                                             was held
regarding the violations from the March audit An informal conference with NC DENR
                                                          At this conference the Remission Request
 concerning this compliance order on June 10 2009
                                          the conclusion ofthis conference I                  was verbally told by Dennis
 was presented and discussed At
                                                                          the penalty would be reduced from
 Shackelford Eastern District Supervisor for NCDENR that
   to
13 500 12                           000 investigative costs
                                    plus                                 of 994       General
                                                                                      56


 Fund- Solid Waste Revenues

 Local

 Options       Sales                       100000-323401 12
                               Tax-Article 44                                 Expenditures
                                                                              995                             104720-449300
                                                                                                              Fines

 12
 995                                                                           The
                                                                               above                          is
                                                                                                              amendment
                                                                                                                                    payment
                                                                         article   44    in excess of amounts budgeted    for the
 to appropriate local option sales                    tax
                                                fine Commissioner Phillips moved to
 of the                     solid   waste
                                                                                                              the
                                               Consent Agreements and Settlement and Penalty Payment in
 approve                       Administrative
                                                                                         approval was unanimous 15
 amount of                               12 995 and the associated amendment The vote of
                                                                   budget

  Finance          -Board    of


  Education    Request Lottery Fund Application Ann Hardy Staff recommends approving the
  submittal ofapplications to the Public School Building Capital
                                                                            Fund for                                          the use
  ofNorth Carolina Education Lottery Funds as presented Ann Hardy Fiscal Operations



  Director    explained   the             following    Backeround    Information Brunswick County
  Schools has
                                                                          lottery held by the NCDPI The funds may be
                                                                          funds
  approximately 2 4 million                                of
                                                                                                                  Education and
  accessed for qualifying projects upon the submittal                    of an application by both the Board of
                                                                                      request toexpend l mil ion of
  the County Commissioners The boards approved the                                                      l
                                                                                                          3 million
        that amount for the middle school window replacement projects leaving         a         balance of 1
    available for school capital projects Current Situation
              other                                                     The Board
    ofEducation
                                                                                  forms on the
                              to place the attached project applications
    Operations Committee directed staff
                                                                                              Executive
                                                                      Educat
                                                                      meet
                                              d Board of inogn for approval Freyja Cahill
    consent agenda of the November 3
                                               Schools requested the applications be approved by
    Finance Officer of Brunswick County
                                                                  to approval by the Board of Education
    the County Commissioners on November 2rd subject
                                                                                                                                                                                           X20
    The
              applications are                  for the
                                                            following projects                       as     described by the school system

   Fire Alarm                 System Update                    and             Brunswick
                                                                               Replacement-West                             and South Brunswick High
   The                                                                                                                                                                               Schools

   systems at the two high
                                              schools have been pieced together over time through various additions
   and
   renovations repairs                        The systems are not fully addressable and have malfunctioning components
   and conductors                         which result in a high number of false alarms The proposed
                                                                                                         project will
   consist of the installation                   of new                                    addressable devices control panels and enunciators
                                                                                  conductors

  ensuring
                          the integrity                    of               the system    s
                                                                                          ability to detect dangerous conditions and report same
  South


  Brunswick Middle School Traffic Improvements
                                                                                               The
 current situation allows for the unsafe stacking
                                                                                       of traffic on Cougar Drive including the stacking
 back of waiting           onto Highway   vehicles                              87 Traffic moving from South Brunswick High School
 to the middle school causes                                 traffic           to back up inhibiting
                                                                                                     safe egress from the high school The
 proposed
      project is                                     to add new
                                     traffic lanes and storm water control measures
                                                                                    The project would
 increase stacking       the middle school property
                on                                  and       add art affic circle to facilitate safe and orderly
 traffic flow reducing the potential for harm tostudents staff and visitors West
 Brunswick High                            School     Traffic Improvements              The
 current situation allows for the unsafe stacking
                                                                                         of traffic on Highway 130                                 and onto exit ramps
                                                                                                                                                                       of
 Highway   17             The             proposed project                         to add new
                                                               is                                     traffic           lanes and storm water control measures                to
 shift vehicle stacking                                the site Student
                                          onto                                      pick-up            student-parking
                                                                                                       and vehicles would the site from
                                                                                                                           access
 a new entrance            located at         the            rear               of the         property reducing the
                                                                                                                      potential for harm to students staff and
 visitors           Recommendation Staff recommends


 that
 the Board of Commissions                                   approval for the                                                          to execute the applications
                                                                                                                         Chairman                                        for           the
use                       of lottery                 for                 projects described above
                                             funds
                                                           the                                      Commissioner          Phillips moved

toapprove the               submit al of applications tothe
                                                            Public                                                                                   School    Building Capital Fund
for the use of North Carolina Education Lottery Funds The vote                                                                                         of approval was 3
ayes Phillips Sue Norris 1nay Warren 16 Finance -Recovery

 Zone         Bonds               Ann Hardy                              Staff           recommends receiving
report on
         Recovery                                            Zone               Bonds    and                    providing direction to
                                                                                                                                             staff              regarding potential eligible
projects Ann Hardy Fiscal

Operations   Director   explained
                                           the following Background                                       Information   Allocations
of        Recovery
Zone Economic Development Bonds and                                                                                        Zone Facility
                                                                                           Recovery                                        Bonds              were    released     by
the           U                   S                 June
                                           Treasury on                                    These
                                                           12                     2009               bonds are                authorized under   the     American Recovery and
Reinvestment                                  of 2009 ARRA adopted by
                     Act                                the U S Congress on 17 2009
                                                                             February
Brunswick County           s allocations
                                            2
                                            are 810 000 of Economic Development Bonds and
                                                             Zone
                                                             Recovery
4               215 000 of Facility
                             Recovery
                             Zone               Bonds As authorized by
ARRA         the RZEDBs Economic Development Bonds
                                                   may be used by governments to finance
capital                    expenditures   for property          located in the recovery zone or expenditures for infrastructure
orpublic                                  buildings             in the recovery zone The bonds are subject to tax
                                                               located

rules           similar to Build America Bonds               BABS but entitle the government toa
                                                                                                 45credit on interest
paid                the
              on
                              bonds rather than the 35 BAB credit                                                       Taxable bonds would      be issued by the
County              the
              and         County would receive a 45 credit of                                                           the interest paid over the            years
                                                                                                                                         2

     The     County would need to determine if there are savings over a traditional tax exempt financing
     which is
                already available to the County before proceeding with issuing R7F The RZEDBS             DBs
     can be used to finance
                                                nearly any capital expenditures that promote economic development or
     economic activity in the
                                                 recovery zone including roads water sewer schools
                                                                                                                    public buildings
     industrial parks The bonds must be issued by December 31 2010
                                                                                                       proceeds must be expended
     within 3 years are not
                                               subject to refunding in the future Davis-Bacon and semi-annual filings
                                                                                    applies                              are
   required   for
                  the           term of the bonds The RZFBs
   Facility Bonds
                     are a private activity bond similar to industrial development bonds that can be
   used to finance recovery zone
                                              property in    a recovery zone for qualifying businesses which are any
   trade     or business other than residential rental property or
                                                                                   certain specific excluded businesses The
   property must be a capital investment County industrial
                                                                                 facilities and pollution control financing
   authorities now have the power to
                                                                   issue such bonds and loan the proceeds to qualifying businesses
   that have eligible projects in a recovery zone Examples of qualified businesses are
  shopping centers manufacturing distribution warehouse facilities hotels
                                                                                                       restaurants and office
  buildings The County itself
                                                does notissue these bonds The recovery
  zone means 1                   any area designated by
                                                                the county as having significant poverty unemployment rate
                            home foreclosures or general distress
  of                                                                2 any area designated by the issuer as economically
  distressed
             by reasons of theclosure or realignment of amilitary instalation and 3any area
  for which a designation as empowerment zone or renewal community is
                                                                                                     in effect as of February 17
  2009 The RZFBs allow the private sector to borrow at a exempt rate Current Situation      tax


  Determine Recovery
  Zone                The         Board
  of Commissioners must designate a
                                                      recovery zone before any actions or steps are taken toward
  investing in                     development or
                           economic                  recovery zone property or issuing these bonds The County
  Commissioners have broad discretion todesignate a
                                                                      zone in any reasonable manner as it   shall
   determine in good faith
                                 in its discretion and may designate an entire county as a recovery zone A
  resolution designating the
                                recovery zone citing the factors that support the designation is required no
  later than          December 15 2009        Designate   Allocation

  by December 15 2009 If the
  County desires to use the allocation then a resolution stating the
                                                                           project s must made no later than
                                                                                     be
  December 15 2009 If the County does
                                                      not desire to use the initial allocation that allocation may
 be reallocated by the
                                         State A county can designate acity or town within the county to use
 the allocation without going back
                                             to the State but cannot transfer the allocation to a governmental unit
 outside                the county Identify Project

                   15
 s December 2009 The County
 must
             file forms with Commerce before 1215 09 s waiving or all
                                                             project
                                                             identifying
                                                                                 some
 of allocation and if applicable identifying
                                             projects for waived allocations Ifbonds are not issued and
 no form              is   received on or         before     12    15 09 be deemed waived for reallocation
                                                                      allocation
                                                                      will                                                        by
theState Obtain approval
of LGC for bond issue no later than Apri12010 The
                                                          process
to issue RZEDBs is the same as any other
                                           governmental debt in NC and must be                                             approved by
the Local Government Commission The process
for RZFBs that finance private entities
                                            thru bonds issued by the county industrial facilities and
pollution controlfinancing authority requires that the county holding public hearings and adopt
approval   in principal resolution The private company arranges for the private placement or for
         of credit to support the
letter
                                  bonds The private                    company   must beable   to qualify for
                                                                                                                the loan   with LGC
approval required   Recommendation Staff

requests
that the Board of Commissioners receives the information and
                                                             provide direction                             to
                                                                                                                                                                                                 X22

staff                                 the recovery                                             designation              allocation
         regarding                                                                 zone
                                                                                                                                      designation           and   project   identification

Ms       Hardy presented                                                       handout with                  list of Potential
                                                                           a                             a
                                                                                                                                       Recovery             Zone Economic        development
Projects

Chairman Sue moved to receive the
                                   report on Recovery Zone Bonds                                                                                                  as   information and direct
staff to schedule a
                    workshop next week to consider potential                                                                                             eligible projects       The vote of

approval              was         unanimous


 17       Connection Fee Deferral                                                            Policy Marty Lawing
Staff recommends                    approving                                              the Interim                                      and Transmission
                                                                                                     Capital Recovery                                                       Capital Recovery
Fee Deferral                  Policy

Marty Lawing County Manager explained                                                                                   that the Homebuilders Association and individual
contractors have indicated that the deferral of          water and sewer capital recovery fees and                          County
transmission fees to the  point                 certificate of occupancy instead of         of
                                   receiving                                         requiring the                      a

payment of the fees prior to receiving a building permit would encourage more new home starts
The      County currently charges                                                          water   Capital Recovery                  Fee of 860             a   Water Transmission
                                                                                          Capital
Recovery              Fee of 290                                               Sewer                                          Fee of 3 and
                                                                                                                                     000
                             Capital Recovery                              aTransmission Capital                                                            a Sewer

Recovery Fee of 1 for each residential equivalent Unit served by the county water and
                000                                                          s
              The builder of a unit to be serviced
sewer systems
                                                    by County water and sewer currently pays
5
150 in additional to any tap fees or grinder pump installation fees prior to receiving a building
permit
The    proposed policy if approved would become effective immediately and expire on December
31 2010 unless   repealed earlier by the Board of Commissioners The policy would be voluntary
and apply to single and multi-family and commercial construction permitted by
                           residential                                                 the County
and applies only to the areas which the county has jurisdiction to issue permits and conduct
inspections which includes all of the unincorporated
                                                     areas and the municipalities of Bolivia
Varnamtown andSt James Individuals

or                                    that have delinquent
                        contractors
                                                                                                         accounts with Brunswick                         County         for utilities building
permits or                                                             fees                or            and personal property                           will not be eligible
                                                    inspection                                   real
                                                                                                                               taxes                                       for the deferral
The                   deferral would be for the construction period                                                                until   the final inspection
                                                                                                                                                                       prior to the County
issuing a                             certif cate     occupancy
                                                    of or                                                    amaximum   ofone            year   one year whichever is shorter After

one                    if a         ofoccupancy has not been requested
          year                                               certif cate
                                                                        or issued the county will notify
the       permittee and           payment shall be due within 30 days If payment
                                                                                 in full is not made the County
will          initiate collection using all remedies available under North Carolina Law to include a         lien

upon the real property                                                          possible                  Vice-Chairman
                                                      and                                  foreclosure

Norris to approve
moved                                 Interim Capital Recovery                                                                   and Transmission                Capital Recovery     Fee
Deferral              Policy The vote of approval was unanimous                                                                  18   Probation


Parole    Office                                                  Space Lease                  Marty         Lawing         Staff recommends
authorizing staff            to negotiate                                                         with   the                 State or Current   Lessor    tocomply with                  Bill
                                                                                                                                                                                Senate
202 G                  S 15-209 Lawing
                         Marty County

Manager explained that historically the North Carolina General Statutes have required counties
to provide office space for Probation Parole Officers and the legislature provided the
                                                                                        Department
of Probation and Parole with funds to lease office space for Intensive Probation Officers and
administrative staff During the 2009         Legislative Session the North Carolina General Assembly
Budget Senate Bill 202 included a special provision that reduces
                                                                        the
                                                                                                                                                                     X23


    Department              of Correction Division of
                                                      Community Corrections                            budget   in lease
                                                                                                                         payments for office
    space forprobation offices and shifts the funding responsibility                                      to the counties for all            Probation
    Officers The special provision is as follows

    G 15-209 for Probation Offices a
    S Accommodations


   The      County   Commissioners   in each county in which aopr bation
                                                                         office exists shall provide in or
   near   the courthouse   suitable office
                                         space for those probation
                                                                   officers assigned to the county                                                    who
   have probationary                          and their administrative support
                           caseloads                                                The requirement                 does                      not include
   management
    staff                                    of the Department
                            of                                           Correction   probationnon                staff or                    other     Department
   of Correction Employees b
    a county is unable toprovide the space
   If                                                          subsection a
                                               required                            under
                                                                             of this section for any reason
   it may elect to request that the Department                           of
                                                       Correction lease space for the probation
                                                                                                office
  and receive reimbursement from the county
                                            for the leased space If a county fails to reimburse
  the Department
                   for such leased space the Secretary of Correction may request that the Administrative
  Office of the Courts transfer the unpaid amount to the Department
                                                                                from the County
  court
  s and jail fee remit ances In
  1999 when space became an issue at the Brunswick County
                                                          Courthouse                                  the Probation                 staff was             moved
  from the courthouse to different locations in the county
                           three
                                                                          The county currently leases 1200
  square feet of office space at 112-I Village Road            Leland for 1 301 15
                                                        in                        month
                                                                                  per and a             lease expiration
  date of July 31                        The County leases 800 square feet at 800 North Howe Street in
                                 2010
  Southport for
                750 per month on a to month basis The County also leases 957 square feet
                                                    month

  at         5300 Main Street in Shallotte for 1 94           month
                                                          024 per on a to    year
                                                                                   year basis The State

 of North Carolina currently leases                                  square feet at5300-1
                                                      2943                                                  in
                                                                                                       Main Street Shallotte for 2697        75
 per      from
          month               South Brunswick Investments Inc The                  lease expiration date               is
                                                                                                                                    September     2013 however
 the lease                           contains anon-appropriation clause Under    the of
                                                                                 provisions       the                 the new           legislation
 county   could      acceptassignment of the lease
                                                   from the State negotiate new terms of the lease
with the owner or request that theDepartment of Correction continue
                                                                    to lease the property and receive
reimbursement from the County for an agreed
                                                           upon pro rated portion of the space to accommodate
the probation officers Current Lease            for
                                        Costs

Probation Office Snace Leland 1200 sq ft
1                                          301                                613
                                                                              15
                                                                              80
                                                Month
                                                15                                             Year         957
                                                                                                            Shallotte ft
                                                                                                            sq
1                                            024                                299
                                                                                28
                                                                                12Year
                                                94
                                                Month                                                       Southport ft
                                                                                                            800
                                                                                                            sq
750                                          00 Month
                                                9                                  000 Year
                                                                                   00                       on
                                                                                                            Based current
                                                                                                            the

leases         the     county is            paying     36 843 08                    office
                                                                                    space
                                                                                for probation The addition of the 2943
square feet at Shallotte currently leased by the State would
                                                                                           add approximately 32 373 annually A
for
goal the
 would be to bring
future                                      all of the           probation   officers 26 and   staff   2to the Complex                     when   suitable space

is                   available Consideration must be given tothe compatibility                           of      the probation   program              with other
county               departments Vice-Chairman Norris moved      to

Staff
authorize to negotiate with the State or                                                             Lessor to comply
                                                                                           Current                           with   Senate Bill 202
G S 15-209 and request that Department Correction lease space for the probation office and
                                     the of
receive reimbursement from the county for the leased space The vote of approval was
                                                                                      unanimous
VIII BOARD APPOINTMENTS
                                                                                                                                                                     z
       1         Parks and Recreation
                                 Advisory Board District 4
      Commissioner Phillips nominated
                                      Morry Watkins Vice-Chairman moved to close the nominations
                                                       Norris
      The vote of approval
                                was unanimous Chairman      Sue moved to approve
      of Mr Watkins The vote of approval                                         the appointment
                                                was      unanimous Morry
                                                                         Watkins was reappointed
   to serve                  another   three-year    term will
                                                     that                   expire on November          1   2012 2 Southport

   Planning
               Board ETJ                             appointment Tabled   Under                      Adjustments   to
   COUNTY                                                                                                                                 the          Agenda   IX



                                                 ATTORNEY   S REPORT Deed
                                                              1
   of          Dedication for Summerwooods Phase 2
                                                   Huey Marshall                                 Huey Marshall
   County Attorney explained that these                                         lines are ready       for
                                                                                                          acceptance into the                        county system
  with a worth                    of    134 470         water
                                                        for lines         and          213          sewer
                                                                                                666 for lines Commissioner Warren

  moved to approve                                     the Deed of Dedication for
                                                                                              Summerwoods Phase    2The                               vote of
  approval was   unanimous    2        Deed

  of           Dedication for Crow Creek Waterline Extension
                                                             Huey Marshall                                    Huey Marshall
  County Attorney explained that these                                        lines are ready            for   acceptance      into the county system
  with a worth                    of   32350           water
                                                       for lines      Commissioner   Warren

  moved                  to approve the
                                        Deed of Dedication for Crow Creek Waterline Extension
                                                                                              The
  vote of approval was unanimous                            3     Deed

  of    Dedication for Sawgrass Village Subdivision
                                                    Huey Marshall Huey Marshall
 County Attorney explained that these lines are ready for
                                                                     acceptance into                                                      the county system
 with a worth                    of    38 000         for lines
                                                      water          Commissioner    Warren

 moved                   to approve                         the   Deed        of Dedication       for   Sawgrass                Village
 vote of approval was unanimous                                                                                                            Subdivision The
                                                              4    Deed

 of           Dedication for Water Lines toBrunswick        Regional Water
                                                                                       Sewer Huey Marshall
  Huey Marshall
 County Attorney explained that there were previous agreements
 water lines to help both
                                                                                        with theDistrict to swap
                                  local governments better serve their respective clients The County will
 retain a24 line constructed by theDistrict and the District will retain an 8 line
                                                                                                     water which will
 facilitate both entities delivery of
                                                   water to their respective customers Chairman Sue

moved to approve                       the
                                             Deed of Dedication for Water Lines toBrunswick                                 Regional   Water
H2Go       contingent upon completion                                                                                                             Sewer
                                                             of the transfer of water customers The vote of
was unanimous 5                                                                                             approval
                     Closed

 Session Commissioner Phillips
moved to enter Closed Session at
                                                  8 25 ppursuant NCGS 143-318 11 a    m to
                                                                                                                           3
4 and a 5 to consult with the Attorney to protect                     Attorney-Client privilege to
                                                  the                                                    and
                                                                                                         consider give instructions
concerning a
                     potential or actual claim administrative procedure or judicial action
and give instructions concerning a judicial action                                                                       to consider
                                                        to discuss matters relating to the location
or expansion of business in the area served by this body and
agent concerning the negotiation of                                                              establish or instruct the staff or
                                    the price and terms of                                                acontract
                                                                                                                                               X25

 concerning the acquisition of real property located                                 off
                                                                                           Graywater     Road in the Lockwood
                                                                                                                                         Folly
 Township The vote of approval was unanimous

The Chairman called           a ten   minute break


Reconvened
Chairman Sue called the
                                 Open Session back to order at 10 pand announced that the
                                                               38 m
Commissioners will take the
                                    following action and no other action was taken in Closed Session

Vice-Chairman moved todirect staff toenter
Norris                                                               the mediated          settlement that was           obtained   in the
settlement conference with the TARA Group                                            222009 The
                                                         on                October                          vote of approval   was        unanimous
Commissioner


Warren moved todirect staff toprepare for the appeal for the Luther Britt Property
                                                                                                                                     Tax
Commission case The vote of approval
                                             was               unanimous   X


                              OTHER BUSINESS INFORMAL 1
                                             DISCUSSION

Code      ofEthics Training   Charles Warren Commissioner
Warren informed that counties will be required
                                                          to adopt a Code of Ethics and                                                   Board
members will be required        to attend classes There was ashort discussion and staff was                                               directed
to all the requirements
  check                         and present to the Board ata later date XI

                                              AD IOURNMENT
                                                 Vice-Chairman


Norris toadjourn the
moved                                                Meeting
                                           Regular             at 10                               m The
                                                                                                47 p vote         ofapproval was
                                                                                                                                     unanimous
William   M




                                                                      Sue Chairman           Deborah   Debby




                                                                      Gore                             to the Board
                                                                                           Clerk
                     BRUNSWICK COUNTY BOARD OF COMMISSIONERS                                                                 26
                                 OFFICIAL MINUTES
                                             AGENDA MEETING
                                            NOVEMBER 10 2009
                                                00 A
                                                8  M



       The Brunswick
                     County Board of Commissioners held                               an   Agenda Meeting         on   the
              00 m
above date at 8 a Commissioners                 David    Chambers                    R Sandifer Administration
Building County       Government Center Bolivia North Carolina


          PRESENT                    Commissioner Phil Norris Vice-Chairman
                                                              Commissioner
                                     Charles Warren Commissioner
                                     William Sue Chairman Commissioner
                                     J Martin Cooke STAFF


          Marty                      K Lawing County Manager Steve
                                     Stone Assistant County
                                                                Manager Huey
                                     Marshall County Attorney Debby
                                     Gore Clerk tothe Board Ann
                                     Hardy Fiscal Operations
                                                             Director I


                                           CALL TO ORDER Chairman


                        Sue called the meeting          to order         a taff
                                                                     at8 00 m
                                                                            S



discussed proposed   items for       the upcoming   November   16 2009 Regular
                                                                                             Meeting with          Board
members No action was        taken   II


                                           ADJOURNMENT Chairman


Sue moved toadjourn       the meeting at 9              a
                                                        15                  of approval
                                                               m
                                                               The   vote                 was     unanimous   William




                                                         M Sue Chairman Deborah




                                                         Debby       Gore Clerk            to the Board
                               Brunswick
                                            County    Board
                                                 Commissioners of

                                     ACTION AGENDA ITEM
                                                       2009




 --
              TO Marty K Lawing County                              Manager ACTION     V-B-1
                                                                                       #
                                                                                       ITEM
                                                                    MEETING DATE       16
                                                                                       11
                                                                                       09
 FROM         Tom    Davis   Tax Administrator
                                                                    DATE SUBMITTED     11
                                                                                       09
                                                                                       06
              Ext       #



 ISSUE
 2797 ACTION
                                                                    REQUESTED PUBLIC
    No Tax releases for
                                                                                         HEARING   YES
                        November



 BACKGROUND
 2009 PURPOSE OF
   REQUEST    Approval of tax releases for November



2009 FISCAL
  IlVIPACT BUDGET AMENDMENT
                                                                     REQUIRED   YES
  NO CAPITAL PROJECT
                     ORDINANCE                                       REQUIRED   YES
 PRE-AUDIT
 NO CERTIFICATION
                  REQUIRED                                           YES        NO
 REVIEWED    BY DIRECTOR OF
                            FISCAL        OPERATIONS                 YES        NO



CONTRACTS
AGREEMENTS
 REVIEWED    BY   COUNTY ATTORNEY
                                                              YES        NO
                                                                                  A
                                                                                  N

ADVISORY BOARD         RECOMMENDATION



COUNTY MANAGER
       S                  RECOMMENDATION
  Approve   November 2009 Tax Releases      as
                                                 presented


ATTACHMENTS
      1           Tax releases for November
                                            2009
      2        Fire Fee releases for November 2009 for
                                                       information onl
      3        Motor Vehicle releases for October 2009
                                                                    8

           ACTION OF THE BOARD OF COMMISSIONERS

APPROVED
                               ATTEST      CLERK   TO THE   BOARD
DENIED
DEFERRED
UNTIL

                               SIGNATURE



OTHER




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                                    Brunswick     County   Board of Commissioners

                                           ACTION AGENDA ITEM                                                               #
                                                            2009




TO            Marty         K   Lawing County Manager                             ACTION ITEM                V-B-2
                                                                                                             2797
                                                                                                             41
                                                                                  #MEETING                   11
                                                                                                             16
                                                                                                             09
DATE          FROM         Tom   Davis Tax                                        Administrator DATE            09
                                                                                                             11 02

              SUBMITTED       Ext




ISSUE REQUESTED
ACTION                                                                            PUBLIC HEARING                 YES    NO
  Approval      ofJuly 2009 Motor Vehicle Valuation                Levy


PURPOSE
BACKGROUND OF                               REQUEST
  To   accept   value and       charge   the tax collector with the   levy   as
                                                                                  specified   for each tax   jurisdiction


FISCAL IlVIPACT
 BUDGET AMENDMENT REQUIRED                                                          YES       NO
 CAPITAL PROJECT ORDINANCE REQUIRED                                                 YES       NO
 PRE-AUDIT REQUIRED YES
 CERTIFICATION                                                                      NO        REVIEWED
 BY DIRECTOR OFFISCAL OPERATIONS YES                                                NO        CONTRACTS



AGREEMENTS
REVIEWED
 BY COUNTY ATTORNEY YES                                                NO              N              ADVISORY
                                                                                                      A


BOARD RECOMMENDATION COUNTY




        RECOMMENDATION Approve
MANAGER S


  July 2009 Motor Vehicle Valuation and Levy as presented ATTACHMENTS


1

       July               Motor Vehicle Valuation Levy       2
       3
                                                                        t     ti




           ACTION OF THE BOARD OF COMMISSIONERS


                               ATTEST      CLERK TO THE BOARD
APPROVED
DENIED
DEFERRED

UNTIL
                               SIGNATURE




OTHER




                                                       Revised -2009-Jan-07
                                                                                                              X43



                                 County           of Brunswick
                                 OFFICE       OF THE TAX       ADMINISTRATOR
                                          PO Box 269 BOLIVIA NC 28422
                                                 brunsco
                                                 www
                                                 net




Thomas MDavis
                                                                                         Telephone   2797
                                                                                                     910
                                                                                                     253
Tax Administrator                                                                            253
                                                                                             2835
                                                                                         Fax 910
Email    net
         todavis@brunsco




                                              MEMORANDUM

          TO              Brunswick      County Board   of Commissioners


          FROM            Tom    Davis   Tax Administrator


          DATE            November    2   2009


          SUBJECT                2009 Motor Vehicle Valuation
                          July                                        Levy

          Attached
                 please find the July 2009 Department of Motor Vehicle renewal report and                     the
subsequent                 levy effective November 1 2009 for motor vehicles in Brunswick
                valuation and

County and related municipalities and Dosher Hospital District

          Also attached is the write-off for July
                               scroll               2009   Please


  accept these valuations and charge the county tax collector with the levy                    as specified
foreach taxing jurisdiction persaid attachment Thank

          you and if you have any questions                     me at your convenience
                                              please contact                             cc

Ann   Hardy   Director of Fiscal Operations Ken
      Perry   Revenue Collector
15586042553
                                                                                                        a
                                                                                                        J
                                                                                                        ee
                                                                                                        z            lc
                                                                                                                     i
                                                                                                                     l


              July      2009 DMV          Billing                                                       10
                                                                                                        28
                                                                                                        2009

                                                                                                        Vat
                       # Unit                       Nsmes Tax       Amt Appr Vain Spc Eq                          #
                                                                     83
                                                                     495
                                                                     1                                  3         384
               Bills   Rate                         BELVILLE
                                                    25
                                                    1                              927
                                                                                   641
                                                                                                        674       639
               176     0911 20 BOILING              LAKES
                                                    SPRING
                                                    4                47
                                                                     409
                                                                     3
                                                       23
                                                       BOLIVIA                                           81       210
               486     1200                                             63
                                                                        40
                                                                                                        996       162
               15      0500                           CALABASH
                                                      19              697
                                                                      37
                                                                                                        615       659
               109     0700 18                      SNORES
                                                    CAROLINA
                                                    2                42
                                                                     2
                                                                     092
                                                      BEACH
                                                      CASWELL          43
                                                                       936                               720       300
               247     0800 16
                                                      BEACN
                                                      HOLDEN                                             926       500
               57      1300 13                                        34
                                                                      639
                                                                                                        363        377
               87      0690                         10
                                                    31
                                                    LELAND           60
                                                                     917
                                                                     9
                                                                                                        392        518
                949    1166 14                       ISLAND
                                                     7
                                                     OAK             549
                                                                     65
                                                                     5
                                                      NAVASSA
                                                      24               00
                                                                       874                               437       000
               712 1400
                                                                                                         319       725
               71 2000                                28
                                                      NORTHWEST        543
                                                                       58
                                                                                                         737       630
               55      1700 12 OCEAN                  BEACH
                                                      ISLE             89
                                                                       663
                                                      CREEK
                                                      SANDY                                              1         135
               82      0900 26                                          41
                                                                        588
                                                                                                        764        170
               27      3000                         22
                                                    SHAkLOTTE
                                                    4                1
                                                                     36
                                                                     763
                                                                                                        974        410
               195     2700                         3
                                                    SOUTHPORT
                                                    21               9t
                                                                     553
                                                                     1
                                                                                                        655        313
               221     1800 11                      3
                                                    SUNSET
                                                    BEACH            3
                                                                     87
                                                                     889
                                                       27
                                                       VARNAMTOWN                                        474       633
               333     0900                                             237
                                                                        46
                                                                                                                   147
               57      0500 17 VILLAGE                BHI
                                                      Of                412
                                                                        44                   152
                                                                                             757         71
                                                                                                        445        i45
               11      2700 29                    2
                                                  JAMES
                                                  T                  4t
                                                                     223
                                                                     42
                                                                                         1 898
                                                                                         32t 066                   9
               318     0500 29                  COUNTY
                                                257
                                                BRUNSWICK           81
                                                                    185
                                                                    84                   557
                                                                                             165
                                                                                             082                   1
               692     3050 30                    2
                                                  HOSP
                                                  DOSNER            718
                                                                    77
                                                                    X2

                       458 0225   Total             all
                                                    Cities
                                                    45              08
                                                                    929
                                                                    39                       510
                                                                                             569        74
                                                                                                        531

                       4 208 Total              Units
                                                305
                                                ell                 135
                                                                    833
                                                                    66                   232 429
                                                                                         1
                                                                                         973 141




              15 358              July    2009                      DMV Billing Less                              10
                                                                                                                  than
                                                                                                                  Totals



                                                                                                                  Eq
                       28 2009                      #Unit           Names Tax          Amt Appr Value   Spc
                       #                                Rete
                                                        Bills            25
                                                                         BELVILLE                       17         63
               Val
                                                                                                        41         98
               19      365 37 0911                      20
                                                        BOILING          LAKES
                                                                         SPRING
               34      993                                 84                1200                         23       BOLIVIA
                                                                                                         3         86
               20      400                               0500
                                                         1                19
                                                                          CALABASH
               5       520 9                             18
                                                         0700            SHORES
                                                                         CAROLINA                        9         56
                                                         0800                                            BEACH     3
               11      950 17                                             CASWELL
                                                                          16
               3  040 8                                  1300
                                                         13               HOLDEN
                                                                          BEACH                          3         77
                                                        0690
                                                        12                                               65        60
               5 410                                                     31
                                                                         LELAND
               56 262 96                                14
                                                        1166             OAK
                                                                         ISLAND                         65         05
                                                        109
                                                        1400                                             13        76
               46 460                                                     NAVASSA
                                                                          24
                                                        2000
                                                        11                                               10        16
               6 880                                                      28
                                                                          NORTHWEST
                                                         OCEAN
                                                         12               ISLE
                                                                          BEACH                          7         42
               5 975 12 1700
                                                         0900
                                                         26                  SANDY                        CREEK    2
               8 240 15
                                                        2
                                                        3000              22
                                                                          SHALLOTTE                      20        18
               01 670
                                                        2700
                                                        19               21
                                                                         SOUTHPORT                       32        60
               7 470
                18     100 40                           11
                                                        1800             BEACH
                                                                         SUNSET                          14        79
               16 440                                    33
                                                         0900             27
                                                                          VARNAMTOWN                      4        01
                                                         0500
                                                         29                                              2         47
               7 980 8                                                    JAMES
                                                                          ST
               4 920 10                             BRUNSWICK
                                                    0500
                                                    29               3
                                                                     546
                                                                     COUNTY                             40
                                                                                                        1          161
                                                        3050
                                                        30            HOSP
                                                                      DOSHER                            30         79
               819 1  771


                                                       0225
                                                       Total            Cities
                                                                        all                             319
                       136   710 259


                       01 260 075                   Total
                                                    523
                                                    all              Units
                                                                     8
                                                                     3                                  20
  w


                                            Brunswick County Board of Commissioners
 r                                                    ACTION AGENDA ITEM                                                    #
                                                                    2009




                                                                                   ACTION ITEM                V-B-3
                                                                                                              2712
                                                                                                              045
TO                  Marty          K   Lawing County Manager
                                                                                   #MEETING                   Nov    16 2009
DATE                FROM        Ken                                                Perry DATE                 Nov    6 2009
                    SUBMITTED        Ext




ACTION
ISSUE                           REQUESTED                                          PUBLIC HEARING                  YES    NO

  Receive the             monthly report          of tax collections for FY 2009   -2010            Consent


BACKGROUND
Agenda                                           PURPOSE   OF
                                                                                                          to the   governing body
     REQUEST       Report satisfies GS 7 -Tax Collector
                                    105-350                           must   regularly provide results


FISCAL IMPACT
 BUDGET AMENDMENT REQUIRED                                                            YES     NO
 CAPITAL PROJECT ORDINANCE REQUIRED
                                                                                      YES     NO
 PRE-AUDIT REQUIRED YES
 CERTIFICATION                                                                        NO      REVIEWED
 BY DIRECTOR OFFISCAL OPERATIONS YES                                                  NO      CONTRACTS




REVIEWED
AGREEMENTS
 BY COUNTY ATTORNEY YES                                                      NO          N            ADVISORY
                                                                                                      A


BOARD RECOMMENDATION COUNTY




MANAGER SReceive
        RECOMMENDATION

                                                                  ATTACHMENTS
     Monthly        Tax Collection Report as information


1

          Cover                 letter delivered eletronically   2
         October                Collection Summary         Report -delivered electronically 3
           ACTION OF THE BOARD OF COMMISSIONERS


APPROVED                       ATTEST      CLERK TO THE BOARD

DENIED
DEFERRED
UNTIL
                               SIGNATURE




OTHER




                                                              1an-07
                                                      Revised -2009
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                                                                                                                                                                8
                                                       County                          of Brunswick
             pry                   J                                DEPARTMENT OF REVENUE
                   p9R
                   M                                                    PO Box         29 BOLIVIA NC         28422




                                                                                                                                    Telephone   910
                                                                                                                                                253
                                                                                                                                                2729
   Kenneth D Perry
   Collector of Revenue                                                                                                                             2712
                                                                                                                                             Direct 253
                                                                                                                                             Fax 910
                                                                                                                                                 2432
                                                                                                                                                 253
   Email           kperry@brunsco
                   net

                                                                             MEMORANDUM


To                                  Brunswick      County Board          of Commissioners


From                                Kenneth D Perry Collector ofRevenue


Date                                November       6    2009




Subject                             PRECEDING MONTH COLLECTION REPORT OF TAXES
                                              S




                                                                        of County tax collections and balances per G 105-350 This
                                                                                                                   S 7                                        report
Attached is the                     monthly     summary       report
                                        2009-2010 collections   July          1         through
                                                                                        2009    October 31 2009 The October
is for Fiscal Year                                from


2009                               tax                 are   running         about   1 or          08         M the same month
                                                                                                              behind                          last    year Many
               property                  collections
       accounts are struggling because economic
business                                                                                                 any significant degree
                                                                                      conditions have not improved to
                                                                                                                job opportunities The
Individual accounts are having difficulty paying due to layoffs and lack of
                                                                                                                         by
                                                                                              increase in-the active plans
response to the bill insert which encouraged payment plans caused an
200 for a           total of more than 1000 The overwhelming majority of customers are in good standing on their

payment plans however the collections are spread out over many months If            economic conditions


in Brunswick County do not                                                         the FY          -2010 property tax collections   may         not   yield
                                                                    improve                 2009
                                              2009                      Oct          08
any improvement     over           FY   2008 -


                                                             Oct 09                  Oct 08         Oct 09                   Diff Property            Tax

Collected 15 46                                              44
                                                             14                      1
                                                                                     15             M
                                                                                                    14        3                 0
                                                                                                                                M8                    M Vehicle
                                                                                                                                                      Motor
Tax Collected 74 02                                          74
                                                             71                      7
                                                                                     0                  0
                                                                                                        M7                          0
                                                                                                                                    M 0                 M8
                                                                                                                                                        15

                                                                                                    M0
                                                                                                    15                          M8
                                                                                                                                0                     M continues
                                                                                                                                                      Progress


                                                                                                            balance                 14 9million              been
                                                                                                                                                             has
on                    reducing            the
                                                10-Year       Delinquent Balance
                                                                         The       January     2009                   of
reduced to 59mil ion a of9
                     reduction                                             0million or xenneth
                                                                                    61                    D   ferry



cc                         Debby   Gore


Attachment    Collection   Summary
Report
      c



                                            Brunswick                        County           Board of Commissioners
                                                                  ACTION AGENDA ITEM
                                                                                                   2009                                                                    #


TO              Marty          K   Lawing County Manager                                                                ACTION ITEM                        49
                                                                                                                                                           2060
                                                                                                                        #MEETING                           V-C Nov
                                                                                                                                                               16
DATE            FROM Ann        B Hardy Director of Fiscal                                                              Operations DATE                    2009   Nov   6
                SUBMITTED        Ext




ISSUE
2009 ACTION                                                                                                            REQUESTED PUBLIC                    HEARING         YES
    No Budget                        Amendments   and Capital                      Project Ordinance         For


BACKGROUND
Approval PURPOSE OF

   REQUEST Budget                        Amendments         and Capital                    Project             Ordinances
                                                                                                                            are           presented   on   the          consent   agenda
   for


approval FISCAL
 IMPACT BUDGET                       AMENDMENT                                                                     REQUIRED                YES

 NO CAPITAL PROJECT                                                  ORDINANCE                                     REQUIRED                YES

 PRE-AUDIT
 NO CERTIFICATION                                        REQUIRED                                                  YES              NO
 REVIEWED BY DIRECTOR OF FISCAL OPERATIONS
                                                                                                                   YES                     NO

 General Fund- Rescue Sauads

 Revenues

 Fund Balance
                        Appropriated                                                      9
                                                                                          100000-399100                               Expenditures
                                                                                                                                      000

 Leland
 VRS 104370-465071                                                                        9
                                                                                          000                                         above
                                                                                                                                      The
     amendment is toap ropriate the                                                      quarter
                                                                                            fiscal year 2009 Leland Volunteer Rescue Squad
                                                                      fourth
     earnings
          that were                               held            at         the   end   of the fiscal year until the financial reporting guidelines were
     met The financial reporting has now                                                      been    made   and staff recommends providing the
                                                                                                                                                funding
     to the Leland VRS General Fund-



 Emer ency Management Miscellaneous
           Revenues

 Revenue

 104330-383900 2                                                                         Expenditures
                                                                                         040                                         Expense
                                                                                                                                     Miscellaneous
 104330-449900

 2040                                                                                    The
                                                                                         above                                       is
                                                                                                                                     amendment
    to appropriate          miscellaneous              revenues   received                         National
                                                                             from                                           Association      of Counties                as
     reimbursement
    afor                                      travel
  Health Fund- Bioterrorism Preaaredness
                                                                                                                                                                        Jr
  Revenues

  State Revenue Restricted                                                                     301
                                                                                               135186-332000                 Expenditures
                                                                                                                             601

  Special

  Program Materials             135186-423100                                                  601
                                                                                               301                           above
                                                                                                                             The
       amendment is to ap ropriate a                funding                    authorization
                                                                                               from     theState of North Carolina providing an

       additional      301   601 over
                                 the                            current   allocation           of       80000 The are provided
                                                                                                              funds                                       for   implementation
       expenses inpreparation                       for   H1N1                                 vaccine distribution Wastewater Fund-




  Sewer Administration Expenditures Professional


  Services-Legal
  627210-419200       000
                      100                                                                      Outlay-Avalon
                                                                                               Capital                       627210-459000
                                                                                                                             Improvements

  100 000 0
      Total                                                                                    The
                                                                                               above                       amendment
                                                                                                                           budget
  is                                                                                                                                   to
both transfer    an            appropriation for   easements and fees from                         theSewer Fund to the Capital Project
Fund for amounts association   with Avalon            and to appropriate funds for legal fees                                            association   with the
H2G0   issue   County Caaital Reserve Fund Expenditures Airport



  Certification Designated 269800-464254 65

 116

 Undesignated Funds 269800-464299                                                              54
                                                                                               884                          to
                                                                                                                            Transfer
 County Capital                                                                                Reserve
                                                                                               269800-498043                000
                                                                                                                            120
 Total 0            The above              budget                                              amendment
                                                                                               is                           to
                                                                                                                            transfer

 120                                                                             000
from the       County                           Capital
                      Capital Reserve to the Avalon Project as an advance in anticipation of receiving
funds       from the bonding company to complete theproject 54 884 of undesignated funds are recommended
and65 116 funds that were held for the Airport do not appear to be needed
        of                                                               which
by the Airport at this time are recommended as the source of the transfer County Cauital Project Fund- Avalon Revenues
Trans from County

 Capital Reserve Expenditures Legal and

 Engineering

 Professional Fees   Land Total                 438193-398226                                  000
                                                                                               120                          above
                                                                                                                            The

 120
 000 438193-464001 20                 000 438193-464011                                        amendment
                                                                                               and                            project
                                                                                                                              capital
 100                                                                                           below
                                                                                               ordinance                    to
                                                                                                                            are

 000                                                                                                                        funds
                                                                                                                            appropriate
       the funds from Revised                    -2009-Jan-07
                                                                                                                                    Jri
                                                                                                           in   anticipation   of
   the  County Capital Reserve Fund identified above for the Avalon Capital Project
    replenishment from the bonding company
                                County of Brunswick North Carolina
                                       Avalon Project 438193

    Be it ordained      by   the Board of   County Commissioners of Brunswick County that pursuant to
    Section 13 of the General Statutes of North
            2                                        Carolina the following ordinance is hereby adopted


    Section 1 The following amounts are hereby appropriated in the Brunswick County Capital
                                                                                    Reserve Fund
    Projects Fund and County Wastewater Capital Reserve Fund and the County Capital
    for the Avalon     Project

County Capital Project Fund

Revenues

                                     Reserve                                   130 000
Transfer from       County Capital
                                       Fund                                      000
                                                                               130
Total      County Capital Project
Revenues




 Expenditures

 Legal     and   Engineering   Professional Fees                               000
                                                                               30

 Land                                                                          100 000


                                       Fund                                    130
                                                                               000
 TotalCounty Capital Project
 Expenditures
Section 2     This Capital Project Ordinance shall be entered into the minutes of the November 16 2009
meeting     ofthe Brunswick County Board of Commissioners




 County Capital Reserve Fund


 Expenditures
              Renovations                           269800-464214
                                                    4                           Transfer
                                                                                000
 Building
 toGeneral Fund 269800-498010                        4
                                                     000                          Total
                                                                                  0

 General                                                                                  Fund-Operation

 Services Revenues from
          Transfer

 County

                                                     Expenditures
                                                     CapitalOutlay-Buildings      4
                                                                                  104280-458000
 Capital Reserve      109800-398226 4000

 000
                                                     is
                                                     amendment                    transfer
                                                                                  to
 The
 above
    funds from the County Capital Reserve for improvements to     Building H    Revised -2009-Jan-07
                                                                                                    J




AGREEMENTS
CONTRACTS
 REVIEWED BY COUNTY ATTORNEY                             YES        NO        A
                                                                              N


ADVISORY BOARD RECOMMENDATION




       S
COUNTY MANAGER RECOMMENDATION


   Approve Budget Amendment   and   Capital Project   Ordinance Amendments   as   presented


ATTACHMENTS

        1

        2

        3




                       ACTION OF THE BOARD OF COMMISSIONERS


APPROVED                                                ATTEST       CLERK TO THE BOARD
DENIED
DEFERRED
UNTIL
                                                        SIGNATURE




OTHER




                                                                                       Revised -2009-Jan-07
                                  Brunswick                  Board of Commissioners
                                                  County
                                            ACTION AGENDA ITEM
                                                             2009
                                                                                                                      DATE
      c




                                                                              ACTION ITEM         53
                                                                                                  SUBMITTED
TO              Marty     K     Lawing County Manager
                                                                              #MEETING             16
                                                                                                   V-D
                                                                                                   11

                 FROM Brian                                                   ACTION REQUESTED     29
                                                                                                   09
                                                                                                   10
DATE
                 Watts     Ext




                                                                              09PUBLIC            HEARING             YES
2569 ISSUE
#
                                                                                                          Emergency Services
     NO Staff                 recommends   approval ofMemorandum   of Understanding between
     North Carolina Office of Emergency Medical Services for State Medical Assistance



BACKGROUND
Team                                   PURPOSE   OF

     REQUEST   Since 2003 Brunswick County                                    been designated as a Type III State
                                                           Emergency Services has

     Medical Assistance     Team This MOU        willrenew   our status   and allow funding for this program to



continue FISCAL
 IMPACT BUDGET AMENDMENT                                                     REQUIRED    YES
 NO CAPITAL PROJECT ORDINANCE                                                REQUIRED    YES
                                                                             YES           NO
 NO CERTIFICATION REQUIRED
 PRE-AUDIT

 REVIEWED BY DIRECTOR OF FISCAL OPERATIONS                                    YES          NO




AGREEMENTS
CONTRACTS
                                                                                    NO           N
                                                                                                 A
 REVIEWED BY COUNTY ATTORNEY                                        YES


ADVISORY BOARD RECOMMENDATION




COUNTY MANAGER RECOMMENDATION
       S

                  Memorandum of Agreement Between the                               of Health and Human Services and
     Approve                                                          Department
     Brunswick      County


ATTACHMENTS

          1              Copy   of MOU

          2

          3
                                                                X54


           ACTION OF THE BOARD OF COMMISSIONERS


                               ATTEST      CLERK TO THE BOARD
APPROVED
DENIED
DEFERRED
UNTiL
                               SIGNATURE




OTHER




                                                              1an-07
                                                      Revised -2009
                                                                                                                         ORIGINAL
                      MEMORANDUM OF AGREEMENT MOA                                                                                                5
                                 BETWEEN THE
                  DEPARTMENT OF HEALTH AND HUMAN SERVICES
                    DIVISION OF HEALTH SERVICE REGULATION
                       OFFICE OF EMERGENCY MEDICAL SERVICES
                                                                             AND
                                                BRUNSWICK COUNTY


                                                                   This
                                                                   MOA-09-1837
                                                                   MOA


is subject to   the provisions   of   all           applicable Federal   and State               laws regulations policies   and standards
I PURPOSE


The    purpose
                                                                                                         Department
       of this MOA is to establish the responsibilities of and the relationships between the
                                                                        Regulation Office of
       of Health and Human Services Division of Health Service
       Emergency Medical Services OEMs hereinafter referred toas the Division and Brunswick
                                                                                             Medical Response
       County hereinafter referred toas the Contractor regarding the State
                                                                     Assistance Team -                   Type
       System SMRS and participation as a State Medical
                                                               will be Jeff Peterson Emergency Response
       III SHAT III The administrator for the Division
                                ofEmergency      MedicalServices 2707 Mail Service Center Raleigh
       Liaison Office
                                 jeff nc administrator Contractor
                                              gov for       the
       North Carolina 27699-2707 919-855-3965 peterson@dhhs Thecom
       will         be Brian Watts PO Box 249 Bolivia North Carolina 28422-0249 910-253-5383 bwatts@brunswickes
       II The assumed
       BACKGROUND Contractor responsibility
                  has


for    forming
                                                                                   SHAT III              Teams across the
       and maintaining a structure to support a network of
                                                                                       triage capability mass patient decon
       State The Mission of the SHAT III Team is toprovide rapid mass
                                                                                 rehabilitation at the
       support and capability and support for responder health safety and
                                and national levels during manmade and natural disasters An SHAT
       local regional state
                                                                            request of the Division as available It             acts under the
       III Team mobilizes atthe
       direction     and   control of the jurisdictional authority which may include the local         regional or
       State Emergency Response Team BERT Leader                          which   derives   its authority from Chapter 166A
                                                                                                        the
       of the North Carolina General Statutes AllSMATs are owned and operated at
                                                                    discretion of the local jurisdiction commanding the
       local and regional level and as such may be used atthe
       team III PARTIES The parties to            this MOA



 are    the
                                                                                                                                   Medical Services
        Department of Health     and Human Services Division of Health Service Regulation Office of Emergency
                                                                                                  State of North
        OEMs and Brunswick County When activated by the
                                                                                                    Emergency Management As such the
        Carolina OEMs will broker this asset on behalf of the Division of
                                                                                                                     the direction of
        teams and their objectives will be deployed as state assets under
        Emergency Management and the supervision of
                                                             OEMs MOA-09-1837 -SHAT III Brunswick County Page 1




 8
 of
                                                                                                                                   O


IV   RESPONSIBILITIES OF THE DIVISION
                                                                                      financial
     The Division will support the Contractor SMAT III activities with administrative
                                    s
     and logistical assistance as available
     The Division will
     A Prepare and execute amendments to this MOA as the need arises

     B Assist as needed with the selection        and delivery of resources including but not
                                                                       purchase
                                                                                                                             III
                  limited to trailers vehicles and               equipment       support the Contractor SMAT
                                                                                      to     s                       program
                                                                 to   the Contractor the Division will provide a Transfer of
                  As          new resources are       provided
                  Ownership letter along with any stipulations
                                                               on
                                                                  usage These letters will be incorporated
                  into this MOA as amendments   to Appendix A     - IIIResources Provided by
                                                                         SMAT

                  the
                                                                                                the SMAT
     Contractor   CBased   on availability of funds support initial and ongoing operations for
     III          DAssist with regional SMRS exercises involving the SMAT
                                                                                                            available
     III          E In       accordance with Chapter 166A ofthe North Carolina General Statutes as
                                                                                                          supporting
                  and when directed by the SERT Leader activate and deploy the SMAT III its
                                                                                outside of its home region as
                  staff trailers equipment supplies and other related resources
                                                             or out of state when requested via the
                  part of the statewide Mutual Aid Agreement
                  Emergency                Management     Assistance
                                                                                     as funds become available   and   and
                                                                                                                       as
                                                                                                                       state-of--the-art
                                                                                                                       research
     Compact      FProvide                          additional equipment   support


               development standards indicate the need G Provide
     technical assistance to            the SMAT III regarding the SMRS activation and deployment of
                                                                     Train
               the SMAT III and reimbursement issues H
                                                                          the State Medical Asset and Resource Tracking
      at least one person designated by the Contractor to use
                                                                                   in SMARTY I
               Tool SMARTY and grant that person administrative rights
                  Train
                                                                                                            that person
      at          least              person designated by the Contractor to use the ServNC system and grant
                                    one

                  administrative rights in ServNC J Assist
      local       jurisdictions with                      when available and in accordance with state policies V
                                          reimbursement
                  RESPONSIBILITIES

OF    THE CONTRACTOR The Contractor
      shall AAs
                                                                                                                                   1
      available   provide the State Medical Response System                          the following support and components
                  Operational
                                                            SMAT III to function    a disaster response for the purpose of
                                                                                           in
                   support     to allow the
                                                                                     2 The
                              documentation and reimbursement when available
                  personnel   who comprise the SMAT III                and who provide the needed medical care or who                      act


                              in direct logistical or         support of the teams3 The
                                                      security
                                                                                              The
                   initial     and ongoing training and exercises of the SMAT III 4
                                                                                                                            operations
                   medical     and logistical equipment that support the efficient and effective delivery ofdecontamination
                               and medical care tofirst                      responders in a disaster response ataminimum
                               as   supplied   by
                                                  the state 5 Minimum
                                                                                                                    by the Division
                   pharmaceuticals tosupport the SMAT III in disaster response as issued
                                                                                                           do so B Continue
                                   Any agency wishing to expand        the
                                                                           pharmaceutical cache may
                                                                                                                  -SMAT
       to          develop              and maintain the capability to perform the following missions MOA-09-1837




III Page 2
County
Brunswick
of 8
                                                                disaster response the                                      SMAT III shall provide      mass
               1           By adopting an all-hazards to
                                              approach
                                                                               decontamination medical
                                                                                               treatment                                            teams
                           casualty medical management services and
                                                                                                                        ofchemical exposures
                           that        can      rapidly
                                                          assist   start operations
                                                                   decontamination                                 on           victims


                                                               would require decontamination                     during man-made and disasters
                                                                                                                                 natural
                           or other incidents that
                           2When
               in          support of first responders during an event provide medical                               care decontamination     and


                           rehabilitation 3 Assist
                                                                                                   support the SMAT Its when determined appropriate
               in           health care facilities
                           hospitals other                                                   and


                           C Prepare
                                   amendments   to          this MOA as the                               need   arises DAs
  and          execute
  new          resources   are provided to     the Division will provide a Transfer of Ownership letter
                                                             the      Contractor

                                                                   will be incorporated into this
               along with any stipulations on usage These letters
               MOA as amendments to Appendix A -        SMAT III Resources Provided by the Contractor

               E
                                                                                               any supporting
  If                                  the SMAT III team and all trailers equipment and
               available agree todeploy
                                                                         30 minutes statewide within 2 hours
               supplies provided by the Division locally within
                                                                                          as part of SERT activation
               and out of state within 12-24 hours a deployment request by the Division
                                             of
               FIf
                                                                                             including exercises
                                                                                             any                    and training          missions notify   the
  deployed     within the region on                           a non-SERT           mission


               Division as soon as practicable              all               Repl
                                                                             G ace

                                                                                                   the region
  disposable   supplies and damaged equipment            by the Division if used within
                                                                         provided
               or on a regionally deployed event without request ofSERT H Develop and
                                                                     work with entities at all jurisdictional
                                                                                                                                                              levels
  use          an operational structure that provides aframework to
               to manage domestic incidents regardless ofcause size or complexity I
                                                                                             Agree



                to
                                                                           theMOA with the Division It is
   provide      a 30-day written notice if Contractor wishes to cancel
                                             the
                                                                                                   the Team
                agreed that all inventoried equipment remains the property of the Contractor when
                 ceases tofunction However                Contractor cannot or will not maintain the SMAT
                                                                   ifthe

                                                                                                          the option to
                 III Team and equipment per this agreement the Contractor will maintain

                 transfer ownership of the equipment to another jurisdiction as permit ed bylocal
                                                                                                                     ordinance


                                    regulation     the option
                                                          If                  transfer said equipment is chosen OEMS will
                                                                                                   to
                 statute or
                                                                                                          equipment would
                 make recommendations as to prospective jurisdictions where the team s
                 be most benefit to both the local and surrounding jurisdictions J Participate in
                 of                                                                                       the
                                      ServNC system and assist with the     deployment of SMAT III personnel as needed
   North         Carolina
                 K Participate                  in   the
                                                                                                        requested
    State        Medical Asset and Resource Tracking Tool SMARTY System and make updates as
                 to the Division L Develop and maintain
                                                                                       and in accordance
    a            plan for maintaining all pharmaceuticals within their expiration date
                                                                                                                        included in
                  with the manufactures recommended storage guidelines This plan may be
                                                    Maintain pharmaceutical inventory records in accordance with
                  the current EMS system plan
                                                                             pharmaceutical records and inventories shall be
                  approved State Agency guidelines                  All
                    made available to the Division upon request M Maintain all State
                                                                                     Maintain purchase and maintenance
    Agency-supplied trailers vehicles equipment and as follows 1
                                                supplies
                    records and make these records available to         the Division for review upon request

                            MOA-09-1837 -SMAT III Brunswick County




Page 8
of
3
                                                                                                                                                                                                                           rJ


                                                                                              in a serviceable
      2             Maintain all SMAT III trailers and equipment provided by the Division
                                                                                           will be out of
                    and ready to deploy status If any State Agency supplied equipment
                                                                                                    the
                    service for greater than 3 calendar days and may affect the ability to perform
                                                             must be notified in writing via SMARTY or by
                    Team
                    s                missions the Division
                                             primary
                           This notification should be directed to the Disaster Medical Services
                    phone
                                                  her
                    Coordinator for the OEMS or his designee
                    Include in report
                    a
                        Description ofout-of-service equipment
                                    or
                                    trailer                                                                                   b    The
                    cause                                         of
                                                                  Type
                                  of the out-of-service condition c repairs
                                                                                                                                                    condition                  d The   estimated time
                    required      to return the trailer or equipment to a serviceable
          trailer or equipment is returned to service N Provide and maintain
                    until
                                                                   An ap ropriate vehicle
in aserviceable and ready to deploy status at a minimum 1

   with a          IVor class V receiver hitch and  tow mirrors to tow the SMAT                                                                                                                                     III trailer
                                  class
                    as issued by the                                                Division    2 SMAT III trailer
      as          issued by the Division O SMAT III Team
Criteria 1 The Contractor shall
         maintain ateam ready for initial deployment within 30 minutes                                                                            with aminimum of
                    7 members 10members are recommended The deployed team                                                                       should consist of a
                    minimum of1 paramedic and 3 additional OEMS credentialed  Additional team members                                                    members
                     responsible for non-medical functions will be atdiscretion of the
                                                                                                                   team
                                                                             the
                     and commiserate with the mission all members must meet the minimum education requirements prior to
                     deployment 2In                                                                                order to be
      eligible           for deployment outside of                     the                     local   area with the required staffing level a minimum of
                     21 personnel                                      30   individuals are recommended  should be trained Each SMAT IIITeam
                     shall have a minimum ofa 18 Emergency Medical Technicians
                     -Basic level b3Emergency Medical Technicians
                     -Paramedic
                        3          Agree tomaintain a
                                  level
                                                                                                                                                                                       available   to   the Division       for
      SMAT           III team roster organized by specialty and to make the roster
                     review                 upon request 4Agree to maintain personnel

      health         and                    records for a115MAT III team members and tomake training records
                                          training

                     available      to    the             for review upon request P Ensure that all SMAT
                                                                   Division
III   Team Members 1 Possess an appropriate credential
                      issued                                                                    of
                                                                                                State North                                   Carolina    based on individual assignment 2At least
       license                                   by
                                                                  the
                      one                                         team
       member         per shift                  must              be credentialed at the Emergency                              Medical Technician-Paramedic      when   deployed   3Every

                      of
                      member the                                                                            decontamination
                                                                                               operations level when
       operations     team shall bequalified asa minimum to the Hazmat
                      team is deployed OSHA CFR 1910 120 shall be the                        other
                                                                                    standard Allteam members

                      shall be trained to the HazMat Awareness level 4 Have access and maintain a
       vehicle        for                 use                      in responding                       to   adeployment       request   5 Prepare to                         be
                                                                                                                                                                                     deployed within
                                                                                                                                                                                                                           team
                               out of state if available for 7 to 14 days maximum to perform
                                                                                                                                                                                                                assigned
       region         in                         state            or

                      duties intime of crisis 6 Maintain a 14-day personal pack
       7              Maintain                       compliance   with 1910 120
                                                                  OSHA
       and            1910 134 as isapplicable       tothe mission focus of the SMAT III program
                                                                   and
                      and have received a Fit for Duty exam and MOA-09-1837 -SMAT III Brunswick County Page4of8
                                                                                                                                                                                           rJ


                                                                                                                                                                                    with
                             clearance           by         a
                                                                physician or other                   licensed health                 care   professional PLHCP
                                                               and standards In addition all teams must implement
                                                                OSHA compliance
                             experience in                                                               the Transmission of
                             and maintain current status with the Guidelines for Preventing
                                                                                          recommendations 8
                             Mycobacterium Tuberculosis in Health-Care per CDC
                                                              Settings
                                                                                                                     in
           Utilize                                                                for
                             NFPA 472 as a guiding document for acompetency-based program operation

                             a hazardous environment 9Maintain                        care worker vaccinations and
           the               recommendations of the CDC as it relates to health
                             immunizations 10 The
            SMAT III teams must maintain proper          documentation of all OSHA requirements and applicable
                                                                           medical surveillance and personal
                                                                                                             health
                             CDC recommendations for health care work
                                                                                                              team
                                       maintenance and should be able to provide documentation of each
                             record
                             member            s      status necessary
                                                      as                                     and   permitted by                    law Q Ensure
            noSMAT                                    Team Member has 1Hypertension
    that                                        III

             BP              Systolic 150 Diastolic                                          90 May                           provide documentation that member is
                             on medication            maintaining   BP within safe                                           range 150 systolic 90 diastolic 2

                             Seizure
             activity        within the last year 3 Hypoglycemic
                                                                             altered mental status in
             low             blood sugar events causing unconsciousness or
                                                                          condition is controlled by medication 4
                             last year May provide documentation that the
                             A
             resting         pulse   rate less                             than     50 bpm or        greater   than    120 bpm              heart   block   arrhythmias irregular   heart
                              rates 5 Morbid
              obesity        6 Shortness
              of             breath climbing 3 flights of                                           steps       7 Claustrophobia

              8               Limited
                                                                                                      9 Any
              range           ofmotion in any of the 4extremities including fingers and toes
                                                                                  place the team member in jeopardy while
              recently        diagnosed serious medical condition that would
                             functioning    as a of the team10 Inability
                                                            member


                                                 and      carry SO lbs a distance                    of   100 feet Qualified Team
               to             lift
                                                                                                                                                                                       an administrative
              Members                          who fail to meet                                     the foregoing     deployment   criteria can be used in
                                                                                                                                                      or may                       in regular duties
                                                                                 at either the Regional or
                                                                                                                                                                         be   used
              or             support                                capacity                                                        State level
              with                        the authorization of the SMAT Medical Director RSMAT
     III       Training requirements            1At
                                                                                             complete an awareness                     level   Hazmat          course EMS               HM
                 a            minimum   each   team member                           shall

                              level This training shall be completed prior to being 2 Complete
                                                                                            deployed
                              I
                                                                           training course 3 ICS
               a              State Agency approved SMAT III core
                                                                                                     and will be made                                                                             available
               training       records for each team member will bemaintained by the team
                              to the Division upon request 4 Ensure
               that           all team members maintain documentation ofsuccessfully participating ina SMAT                                                                                                   III

                                                                                                            5
                              continuing education program based onthe core curriculum per state guidelines

                              If
                                                                                                                                                                                to
                                                                                    the Division and notified in a timely agree         participate            fashion
                 available    and when requested by
                              in        locally                     regionally   scheduled meetings training tabletop exercises functional
                                                                                 applicable
                                                                              emergency MOA-09-1837 -SMAT III
                                                                  by
                              exercises and after-action meetings held county




Brunswick 5 of
Page
County
8
                                                                                                           or
                                                                                           within each RAC and county
                  management            hospital bioterrorism committees
                                                 disaster
                  Local Emergency Planning Committee
                                                                                                        Exercise Section and
              6   Notify the North Carolina Division of Emergency Management
                  the Division of all                              exercise activities
                                                applicable planned training
                                                                                                         at   least 8 weeks   prior
                  to event

              7   Team members shall                augment       ongoing   educationthrough the use of electronic
                                                                                                                   to
                  educational materials             or    other   educational material provided by The Contractor
                  enhance their     capabilities
                                            participate in a minimum of one one-day regional or
                                                                                                     statewide
              8   Team members shall                                                 local
                  exercise annually Tabletop Functional or Full-Scale 9             At
                                                                                                                              funded
              a   minimum create and provide the Division anAfter-Action Report following and exercises
                                                                                drills
                                                                                                                   days of
                  by the Division                   and   State authorized deployments within 30working

                  completion of             the event VI MISCELLANEOUS TERMS



AND   CONDITIONS AThis MOA
                                                                                  from the Division to
      upon execution includes all trailers equipment and supplies transferred
                                                                             B This MOA
            the Contractor prior to theexecution date of this MOA
      shall inure to the benefit of and be binding     upon the parties hereto and their respective successors It
                                                                  any enforcement of the terms and conditions
            isexpressly understo d and agreed that                                               shall be strictly
              of this      MOA and all rights of action relating to such enforcement
                                                                                     give or allow any claim
              reserved to the parties Nothing contained in this document shall
                                                                                                        express intention of the
              or right of action whatsoever by any other third person It is the
              parties that any           person or entity other than the parties receiving services or benefits
                                       such
              under       this  MOA shall be deemed an incidental beneficiary only C The parties
                                                                                       quality of the resources
      agree   that the Division makes no warranties or representations as to the
                                                                                                and shall have
              equipment and supplies delivered to the Contractor pursuant to this MOA
              no responsibility forcondition or operation D parties
                                      its                              The

                                                                                                and neither is
      agree   that they are independent contractors in the performance of this MOA
                                                                                                  of the
              the agent of the other Each party shall be responsible for any claims arising out
                                                                               or with respect to the FMCA VII
              actions ofits agents or employees in performance of this MOA
              ENTIRE MEMORANDUM


OF    AGREEMENT ThisMOA represents
                                                                                                                              statements or
      the entire agreement between the parties and supersedes                           all   prior   oral and written
      agreements VIII EFFECTIVE PERIOD


This MOA shall
                                                                                                               and
      be effective on April 1 2009 or date of execution of last signature whichever is later
                                                                                           either party upon at least
      shall terminate on March 312012 This MOA may be terminated by
                                                                                                                        mutually
                                 notice or immediately upon notice forcause This MOA may be amended if
      30 days written
                                                                                 MOA Such changes shall be incorporated as
      agreed upon to change scope and terms of the
                                                                   This MOA will be reviewed by September 12011
      a written amendment to this MOA
                                                                                                  SMAT
       for              execution of a new MOA effective April 1 2012 MOA-09-1837 -




Brunswick
III
County            Page 6
of 8
                                                                                                            6




IX     COMMUNICATIONS                                               the Division and the Contractor
       To   provideconsistent and effective communications between
                                                                                         of contact
                                            s serve as its central point
       each party shall appoint a Principal Representative
                                                            to
                                                                                                    the
                                                      this MOA The Division contact shall be
                                                                      s
       responsible for coordinating and implementing
                                                   Division Regional Disaster Medical Specialist
                                                   s
       State Disaster Medical Coordinator and the
                                                                                    the ServNC
                                    The Local Team contact shall be held current in
       assigned to the Contractor


X       SIGNATURE WARRANTY
                                                               that he or she is duly authorized by the party
                                                                                                                to   sign
        Each individual       signing below warrants
        this MOA and         to   bind the party   to   the terms and conditions of this MOA




Brunswick County




                                                                      Date
Marty K Lawing
County Manager



                                         Regulation       Office of Emergency Medical Services
The Division of Health Service




                                                                       Jeff Horton Acting Director
Drexdal Pratt Chief
                                                                       Division of Health Service Regulation
Office of Emergency Medical Services



                                                                       Date
Date




 MOA-09-1837 III Brunswick
 SMAT
 -
 County Page

 7of 8
                                                                     6ti


                                      Appendix   A


      SMAT III Resources Provided                    by   the Contractor

Amendments to                     A
                       Appendix




MOA-09-1837 Brunswick County
III
-SMAT
Page 8
of 8
               IC
          J


                                            BrunswickCounty Board of Commissioners
                                                  ACTION AGENDA ITEM                                                   #
                                                                     2009




    TO
                        Marty       K   Lawing County Manager                     ACTION ITEM          J63
                                                                                                       8245
                                                                                  #MEETING                   16
                                                                                                       V-E I 1
    DATE                FROM Dr Carrie S     C Menke        MS                    LPC DATE
                        SUBMITTED   Judge Ola M
                                                                                                       09 11
                                                                                                          6
                        Lewis         Ext




   ISSUE ACTION
   09
                                                                                  REQUESTED PUBLIC        HEARING   YES
              No Mental Health          Court Support   and Treatment for   the Offending Population   STOP


   Grant PURPOSE OF
   BACKGROUND
              REQUEST   Approve the submission of a Grant for monies awarded for
                                                                             FY10

  11 Project
 Description The mission of Mental Health
                                          Court MHC is toincreases public safety and reduce recidivism rates
 by monitoring and supporting offenders with mental health issues inaccessing treatment
 their quality of life We treat each participant with respect and dignity                                and improving
                                                                            thus            empowering them to
 make positive changes in their life MHC otherwise named the Pprogram is
                                                               T
                                                               S
                                                               O
 treatment alternative designed tobreak                                                  asupervised
                                        the cycle ofmental illness and related crime It is a post sentencing
 program operated at the Superior Court level The Mental Health Court supervises and assists offenders with
 a           DSM IV diagnosis
                              inreceiving treatment in a rehabilitative environment monitored by the court
 The monitoring consists of regulated client activities by the Mental Health Court Team which consists
 of probation officers treatment providers Senior Resident Superior
                                                                            Court Judge Assistant
 District Attorney defense attorneys and the sherriffs dept This process allows the Court
 respond to                                                                                      to immediately
     a
     participant s performance by rewarding successes and sanctioning failures The
 county Mental Health Court P
                        T
                        S
                        O                                                                                      Brunswick
                                              program requires on the average a 12 month participant commitment
 and includes participation in mental
                                              health treatment participation in programs including education   and
oremployment monitoring of                treatment and
                                                               activities by probation Mental Health Court Coordinator
and Law enforcement
                              random drug testing appointments with Mental Health Court Coordinator
                                                bi-monthly
court attendance 1st and 3rd
                                 Thursday of the month immediate court reward or sanction for behavior To
be eligible a client needs to be facing or have been convicted of
                                                                            charges in Superior Court have charges
that can be connected to a mental health issue reside in Brunswick
                                                                               County and have a DSM IV Axis I or
Axis II diagnosis as determined by a Mental Health Assessment
                                                                             The Brunswick County Mental Health
       O
       T
       P
Court S program is comprised of a team of
                                                          professionals that seeks the best interests of the
participant and the community The Team is a partnership involving components of the criminal
                                                                                                               justice
system mental health system and treatment providers The team meets the first and third
month to staff the cases in STOP                                                                      thursday of the
                                                                                                      s
                                      Measurable Objectives 1 STOP program
will be less than 20 for
                                                                                          participates recidivism rate
                            probation violations and less than 5for incurring new
STOP program                                                                                  charges 2 95 of
                 participants will partipate in treatment where they had not participated in treatment
                                                                                                                 prior
3 95 of STOP program participants will have 100 attendance in treatment
STOP program                                                                               appointments 4 80 of
                 participants will demonstrate an increase in quality of life scores from pre test to
                                                                                                              post test




FISCAL IMPACT
   BUDGET AMENDMENT
                                      REQUIRED                                    YES    NO
     CAPITAL PROJECT ORDINANCE
                               REQUIRED                                      YES   NO
     PRE-AUDIT REQUIRED YES
     CERTIFICATION
                                                                            NO     REVIEWED
     BYDIRECTOR OF FISCAL OPERATIONS YES
                                                                            NO         CONTRACTS




  AGREEMENTS
  REVIEWED
    BY                 COUNTY   ATTORNEY YES
                                                                     NO        N             A
                                                                                             ADVISORY

 BOARD RECOMMENDATION                    COUNTY



 MANAGER S
         RECOMMENDATION                  Approve
      Submittal       of Grant Application    ATTACHMENTS


 1
             Grant              budget   2
            Project             description 3
            ACTION




                                          OF THE BOARD OF COMMISSIONERS
                                                                          APPROVED

ATTEST
                                                                     CLERK     TO       THE BOARD      DENIED
DEFERRED
UNTIL
SIGNATURE

                                                                     OTHER


Revised




                                                                                                   -2009-Jan-07
hoursSECU75275CoastalHorizons75275TOTALCONTRACTUALSERVICES4125000
                                                                                                                                                             DETAILED BUDGET                                                                            6i
                                                                      A PERSONNEL


                                                                      GRANT EMPLOYEES
                                                                                                                                                                                                                     Insurance     ment
                                                                                                               Full-time
                                                                                                               o                                                            Retirement    Health
                                                                                   Title 0                                      Position
                                                                                                                                       time Salary         FICA                                                                                Salary             Annual
                                                                                                             Salary                                                                                              Unemploy-           Total
                                                                                                                      Amount                              7                8
                                                                                                                                                                           65                  5000
                                                                                                                                                                                               6
                                                                                                                                                                                                                                               Fringes            Total
                                                                                                                                                                                                                 FTE
                                                                                                                                                                                                                 1500              FTE
                                                                                                                                                                                                                                   fringes




                                                                     -




                                                                     ----


                                                                     -- EMPLOYEES CONTRIBUTING IN-KIND                                                                                                              time           Salary
                                                                                                               Those
                                                                                                               MATCH                                       in              Judicial       Full-time                                            FICA
                                                                                                                                           Health   not                                                           7                  65
                                                                                                                                                                                                                                                                  Retirement
                                                                     Unemploy-         Total                 Salary   o                                   Retirement      System
                                                                                                                                                                          Annual              Amount
                                                                                                                                                                                              Salary
                                                                                                                                                                                                                 ment
                                                                                                                                                                                                                 Insurance         Fringes
                                                                                                                                                                                                                                   fringes    g                    g




                                                                     5000




                                                                                                                                                                                                                    -
                                                                     FTE 1500 FTE Total                        -                                          -                -              -                                        Those       in
                                                                                                                                       Retirement   -                                                            Salary             o
                                                                                                                                                                                                                                                                  Judicial
                                                                     Full-time                              time      Salary                              FICA            Retirement
                                                                                                                                                                          Health           Unemploy-
                                                                                                                                                                                           Total
                                                                                                                                                                                                                 Salary
                                                                                                                                                                                                                 Amount            65
                                                                                                                                                                                                                                   7          System               Annual




                                                                    17




                                                                                                                                                          31              Insurance       ment                   fringes Fringes   5000      FTE   1500    FTE
                                                                                                                                                                                                                                                           Total
                                                                    Salary FICA Retirement                  Health        Unemploy
                                                                                                                          Ins                                                                                                                             Total



                                                                    fringes Sal                             Fringes
                                                                    TOTAL PERSONNEL                                                                                    grant employees    in-kind -




                                                                    -                                                                                                  S B                CONTRACTUAL SERVICES
                                                                    Indlvldual                                                                                              Consultants       Pay
                                                                    rate #                                                                                                  of                hours


                                                                                                         Agency Payrate                                                                   of
                                                                                                                                                                                          #
  C TRAVEL
                                                                                                                                                                  i
 INSTATE TRAVEL



                                                    trips Miles           per          Total Total                 Cost   Total     #                 #
 Destination                          # of
                                                                                                                                            of         of
                                                        rooms            Total          Cost                      trip miles      Mileage   hotel      nights
                                                                             per         Lodging
                                                                                         night                        0                     0           5
                                                                                                                                                        00
                                                                             8           3
                                                                                         000                                                             0
                                                                             0           0
                                                                                         00                                                              0
                     00
                     0                                                       p           Sub-total
                                                                                         0                                                              0
                                                                                                                                                        00

       3Total
        000 In-State                000
                                    3
                                    Travel


 TRAVEL
 OUT-OF-STATE
 00
 Airtare


                                     persons       Airfare per         Total Cost                                                  nights   #         of rooms
 Destination #                                                                                       Hotel rate    # of
                                    Total            Cost               traveling                                                 person    Airfare    per
                                                                           night                                                                        Lodging
                                                                           0                                                                            0
                     0                                                     Sub-total                                                                    0



 0Ground                                              transportation    Cost             Number

                                                                                           Total
                                                                                           0
                     Sub-total
                     0                                                                     0



   Total      Out-of-State 00
              0
              Travel                 #
                                     SUBSISTENCE


of

                                         #                  of
                                                                       # of
In-State
dinners Destination                breakfasts       lunches                              Total
                                                                       30
                                                                       17 ea
                                   7
                                   75 ea           10 ea
                                                                                         00
                                                                                         0
                                                                                         00
                                                                                         0
                                                                                        00
                                                                                        0
                     0
                     Sub-total          0                 0                0            00
                                                                                        #



                                        of                 #
                                                                       of #
Out-of-State
dinners
of Destination                     breakfasts      lunches                               Total
                                                                       65
                                                                       19 ea
                                   7
                                   75ea            10 ea
                                                                                        00
                                                                                        0
                                                                                        0
                                                                                        00
                     Sub-total
                     0                 0                 0                 0            Total
                                                                                        00

       Subsistence   0               OTHER
                                     00

TRAVEL EXPENSES taxi fare airp ort parking etc Item


Cost                                                                     Number        Total          0

                                                                                                      0
                                                                                                      00
                                                                                                      00
                                                                                                      Total
forAll Other Travel Expenditures
                                   0                                                                  TOTAL
                                                                                                      00


                                               TRAVEL 3
                                                                                                      00
                                                                                                      000
D EQUIPMENT

                                                                         606         0Each       grant

Computer Equipment
                                                                                      employee           must           be provided            witheither a1060 0desk
desk  top
                                                                                      top
                                                                                      or                 lap            top computer   TOTAL   EQUIPMENT E SUPPLIES
lap top   carrying               case




Non-computer cell
Equipment
                                                                                       are               available      only          to           grant   employees   152 0 who travel
phone      Smartphone
            accessories
                                                                                      from               county         to county 272               0359 0
accessories Letter-Size

Filing four-drawer five-drawer
Cabinets
                                                                                      Quantity           Unit
Items
Other
                                                                                      Price              Total
tools
assessment


                                                                         5           200 1       000
and measurements
statistical software partition          folders                           No          office       furniture desks chairs 1
                                                                                                   permitted               1500 1
                                                                           50        bookcases
                                                                                     etc           50 175 0
                                                                                                   4
Quantity Unit
                                                                          All           other        equipment
Price Total

                                                                                                            must        be pre-approved

                                                                                                                        description   of
                                                                                                                                          by AOC       provide Grants with a

                                                                                                                                                   need 0 2 00
                                                                                                                                                               Coordinator
                                                                                                                                                                 0         675
                                                                                                            Quantity
                                                                                                            Unit


                                                  OPERATLNG   EXPENSES                           0
                                                                                                 Price
                                                                                                 Total




 Computer     Software                  desk              top

                                                                         467         00          526
lap top
                                                                           0           #                      lines
Telecommunications phone
                                                                            Annual     Fee                    Total
line data

                                                                          0          282 36      0
connectivity
                                                                            00       0
                                                                                     205             0
                                                                                                     20
 Cell             Phone
                                                                            00       #
                                                                                     phones          Annual
                                                                                                     Fee
 Service basic


                                                                                     0372        0
 cell phone Smartphone                                                   Total
                                                                            0          744                    0
 Conference Registration Other
                                                                            Fee        #                      persons
 Items

                                                                          Total                  10
 incentives               rewards                                                     200
                                                                          2              000        Unit
                                                                                                    Quantity


                                                                         Price       Totai 200   25
 for participant
                                                                          5             000       35
                                                                                                  50
 progress diplomas and gifts
 graduation
                                                                          1             750         30
 graduation cap gown decoration
                                                                          900           40           50
 graduation celebration food training
                                                                          2             000         7
                                                                                                    175
 registration training materials
                                                                            1          225          20
                                                                                                    10
 TOTAL OPERATING
                                                                           200          0            0
 EXPENSES 51
                                                                                                     13
                                                                                                     075


                                         0Mobile phones                                          00
                                                                                                 TOTAL
                                                                                                 PROJECT




                            COST 60000                                                      00
     1



                                  Brunswick County Board of Commissioners
                                          ACTION AGENDA ITEM
                                                          2009




                                                                              ACTION ITEM                      SUBMITTED
                                                                                                               DATE
TO               Marty      K   Lawing County Manager
                                                                              #MEETING                              16
                                                                                                                V-F 11

                                                                              ACTION REQUESTED                     06
                                                                                                                09 11
DATE             FROM Ann   B
                 Hardy       Ext



                                                                              2009 PUBLIC                       HEARING   U         YES
# ISSUE
2060
                                                         Association   Budget Presentation for the Fiscal Year Ended June
     NO Governmental Finance Officers
     30




2009
BACKGROUND                            PURPOSE   OF
     REQUEST Back round
                                                                                                          Presentation Awards from
     Information             County submitted and received Distinguished Budget
                      Brunswick
                                                      Association for the past three consecutive years   This award is the
     the Government Finance Officers
                                                                        and its attainment represents asignificant achievement
     highest form of recognition in governmental budgeting
                                                                           County staff conducted the budget process and prepared
     by the county staff and deparhnents Brunswick
                                                                                                                          the
                                             prepare the budget in accordance with the established criteria for
     the necessary documentation to
     current fiscal

     year Current
                                                                                    in the board                          and available   on   the
     Status              Budget Presentation for Fiscal Year is
                                                        2009-10          provided                          packet
              The
     weblink
                                                                                                             pdf
                                                                                                       2009 2010
                                     Portals BrunswickCountyBudaetDocument
         htt brunswickcountync aov   bcfiles
                                     fin
                                     0
         www
                                                                          the budget presentation for the Fiscal Year
         Staff recommends that the Board of Commissioners accept
                                                           the Government Finance Officers Association Distinguished
         2009-10 authorize staff to submit the budget to
         and
                                                          publish and make available the report to other interested
         Budget Presentation Awards Program and
         parties   FISCAL


IMPACT BUDGET
 AMENDMENT REQUIRED YES                                                       NO          CAPITAL

 PROJECT ORDINANCE REQUIRED YES                                               NO          PRE-AUDIT

 CERTIFICATION YES
 REQUIRED                                NO                                   REVIEWED    BY
                                                                              CONTRACTS       AGREEMENTS
 DIRECTOR OF FISCAL OPERATIONS YES NO




BY
REVIEWED
                                                                                 A                           ADVISORY
                                                                                                             BOARD
  COUNTY ATTORNEY YES NO                                               N


RECOMMENDATION
                                                                                                                            69
       SRECOMMENDATION
COUNTY MANAGER

     Authorize       Staff to                 Budget
                                Submit the FY 2009-2010      for the         Government    Finance Officers           Association
     Distinguished   Budget Presentation         Awards ProgramATTACHMENTS


1

           GFOA        Budget   Presentation   FY        3
                                                 2009-10 2


           ACTION

           OF




                                      THE BOARD OF COMMISSIONERS APPROVED ATTEST


CLERK                                                        TO                           THE BOARD DENIED DEFERRED

UNTIL
SIGNATURE
OTHER
                                                             Revised




-2009-Jan-07
                               Brunswick County Board of Commissioners
                                                                                                          DATE
                                      ACTION AGENDA ITEM
                                                       2009




                                                                       ACTION ITEM        O
                                                                                          VI-1
TO            Marty     K   Lawing County Manager
                                                                       #MEETING           November           16
                                                                                          2009

                                                                       DATE SUBMITTED     November 5 2009
                                          Extension
FROM          Al   Hight Cooperative
              Ext         #



                                                                       REQUESTED PUBLIC       HEARING   YES
2584 ACTION
ISSUE
                                                           Volunteer s Association and
                     Recognition ofBrunswick County Master Gardener
                                                                                                        Brunswick
     NO
                     Cooperative Extension award for the Brunswick Botanical
     County

Garden PURPOSE OF
BACKGROUND
                                                                  Prize in the Third Annual Madeline
     REQUEST The Brunswick Botanical Garden received First
                                                       Category B Large Programs presented at the 2009
     Collier Landscape Garden Design Competition
                                                               6 2009 This award which included at 250
     North Carolina Master Gardener Conference onOctober                                          Ms
                                       North Carolina Master Gardener Volunteer Association and
     cash prize issponsored by the                  Gardeners Since 2004 Brunswick County Master
     Susan Wyatt of the Wake County Master                                           hours in support of
                                                             and over 000 volunteer
                                                                 10
     Gardeners have invested over 000 in private funds
                             40
     thedevelopment       and maintenance of   the


garden FISCAL
 IlVIPACT BUDGET AMENDMENT
                                                                         REQUIRED   YES

 NOCAPITAL PROJECT ORDINANCE
                                                                         REQUIRED   YES

 NO CERTIFICATION REQUIRED
 PRE-AUDIT
                                                                         YES        NO

 REVIEWED BY DIRECTOR OF FISCAL OPERATIONS
                                                                         YES        NO




CONTRACTS
AGREEMENTS
 REVIEWED BY COUNTY ATTORNEY
                                                                 YES           NO         A
                                                                                          N


ADVISORY BOARD RECOMMENDATION




COUNTY MANAGER RECOMMENDATION
       S

                                              Master Gardeners and     CooperativeExtension for Winning First
      Recognize      the Brunswick   County
                                                               for the Brunswick County Botanical Garden
      Prize in the   Landscape   Garden   Design Competition


ATTACHMENTS

          1            Copy   of Award Certificate
        2

        3




            ACTION OF THE BOARD OF COMMISSIONERS


                                ATTEST      CLERK TO THE BOARD
APPROVED
DENIED
DEFERRED
UNTIL
                                SIGNATURE




OTHER




                                                       Revised -2009-Jan-07
oz
                                                         rJ4




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                                      Brunswick County Board of Commissioners
                                             ACTION AGENDA ITEM                                                                                     73
                                                                2009




                                                                               ACTION ITEM                                       #
                                                                                                                                 VI-2
TO                      Marty   K Lawing     County Manager                                                                      November             16
                                                                               MEETING DATE
                                                                                                                                  2009
                                                                                                                                  November 5 2009
                                                 Extension                     DATE SUBMITTED
FROM                    Al   Hight Cooperative
                        Ext         #



                                                                                REQUESTED PUBLIC                                          HEARING   YES
2584 ACTION
ISSUE
                                                                 receiving    North Carolina Master Gardener Volunteer
     NO                            Wagner-Eisenman
                 Recognition of Ms Shirley
     Association Lifetime Acheevment Award



BACKGROUND OF REQUEST
PURPOSE
                                                                                     ciaraener Volunteer
                                             of the Brunswick County Master
                                                    President
     Ms         Shirley        Wagner-Eisenman
                               current                                                       received
                                                                          Volunteer s Association
     Association and Past-President of
     s                                 the North Carolina Master Gardener
                                                                                    2008 recognizing her
      the        Lifetime Achievement Award for Outstanding Volunteer for
                                                              program FISCAL IMPACT
      sixteen                years of dedicated service tothe




BUDGET AMENDMENT
                                                                                     CAPITAL              PROJECT
 REQUIRED YES NO

 ORDINANCE REQUIRED YES NO
                                                                                     PRE-AUDIT            CERTIFICATION
                                                                                     BY                   DIRECTOR
 REQUIRED NO REVIEWED
 YES

 OFFISCAL OPERATIONS YES NOCONTRACTS
                                                                                     AGREEMENTS           REVIEWED




BY
COUNTY
                                                                            A                 ADVISORY                    RECOMMENDATIO
                                                                                                                          BOARDN
  ATTORNEY YES NO N



COUNTY MANAGER S




 RECOMMENDATION Recognize Shirley
                Ms
                                                                                      Volunteer     Association   Lifetime         Achievement      Award
                              for   receiving the
                                              NC                  Master   Gardner
          Wagner-Eisenman
          ATTACHMENTS 1MsEisenman



 will
                                the plaque she     received   23
                bring
           ACTION OF THE BOARD OF COMMISSIONERS


APPROVED                       ATTEST      CLERK TO THE BOARD

DENIED
DEFERRED
UNTIL
                               SIGNATURE




OTHER




                                                      Revised -2009-Jan-07
                                         Brunswick   County Board of Commissioners
                                                                                                               #
                                                  ACTION AGENDA ITEM
                                                                   2009




                                                                                ACTION ITEM          O
                                                                                                     2797
TO                  Marty        K   Lawing County Manager
                                                                                #MEETING             VII-1
                                                                                                     11
                                                                                                     16
                                                                                Administrator DATE      2
                                                                                                     09 11
DATE                FROM        Tom    Davis Tax

                    SUBMITTED      Ext




ISSUE ACTION
09                                                                              REQUESTED PUBLIC     HEARING   YES

                    Approve contract   to hire Ferriss Appraisal   Inc to assist with 2011   tax
  NO


BACKGROUND
revaluation                                  PURPOSE   OF
     REQUEST   To satisfactorily            complete 2011 Revaluation Mr Ferriss has been utilized here and other



counties FISCAL
 IlVIPACT BUDGET AMENDMENT                                                      REQUIRED     YES
 NO CAPITAL PROJECT ORDINANCE                                                   REQUIRED     YES
                                                                                YES             NO
 NO CERTIFICATION REQUIRED
 PRE-AUDIT

                                                                                YES             NO
 REVIEWED BY DIRECTOR OF FISCAL OPERATIONS




AGREEMENTS
CONTRACTS
                                                                                       NO            N
                                                                                                     A
 REVIEWED BY COUNTY ATTORNEY                                              YES


ADVISORY BOARD RECOMMENDATION




COUNTY MANAGER RECOMMENDATION
       S

                                               Revaluation Contract with Ferriss   Appraisal   Inc
      Approve        2011        Countywide


ATTACHMENTS

                1               Contract copy

                2

                3
           ACTION OF THE BOARD OF COMMISSIONERS


                               ATTEST      CLERK TO THE BOARD
APPROVED
DENIED
DEFERRED

UNTIL
                               SIGNATURE




OTHER




                                                        Revised -2009-Jan-07
                                                                             BRUNSWICK COUNTY NC
                                      2011 COUNTY-WIDE CONTRACT This
                                           REVALUATION


                     made as of the day
                  Agreement                                 of 2009               by and between
the County           of       Brunswick aitical subdivision ofthe State of North Cazolina hereinafter
                                           pol


the County and Ferriss Appraisal Inc a profes ional appraisal firm with a
partner
        orprincipal registered in North Cazolina as a licensed appraiser and with offices in
North Cazolina hereinafter the Contractor WITNESSETH


                                                                                           That


                   the County            and                    Contractor   for the                     consideration herein named        do            hereby    agree
as            follows   1


 SCOPE                         isfor professional appraisal services to be rendered
                    OF WORK This                                             Agreement
by Contractor to County with respect to a project known as the Brunswick County
2011 Revaluation hereinafter the Revaluation By

execution ofthis Agreement Contractor represents and agrees that it is qualified and fully
capable to perform and provide the professional services required or necessary under
this Agreement in a fully competent professional and timely manner Contractor


shall perform        professional appraisal services and consulting services to County
to                      assistthe appraisal of all land in the County as an independent
                                 it in ac omplishing
contractor Among other things Contractor shall establish equitable values for
the Revaluation by developing base land values for County neighborhoods based on current
land sales residuals ofimproved sales and leases 2


CONTRACT            PRICE AND PAYMENT TERMS                                                                     The             price   for    the services       described
in this Agreement                           is                          000
                                                                        00
                                                                        Contractor
                                                                                Seventy   Thousand                  70
                                                                                                     Dollazs and no 100
shall invoice County                     monthly installments   in sevenequal to           equal                        in an                 amount


10 000 invoice for services performed in the preceding month County shall remit payment
   per
                                       of
to Contract no later than the 10 lthe month following receipt of Contractor s
                                                                            invoice
3


                                                                                                                                                                  an
TERM                The                    Term of this Agreement
                                                         shall be for                                                   seven   7
                                                                                                                                         months with                    option


to extend                  this contract until final completion of the Revaluation                                      4


TIME                IS OF THE                      ESSENCE Time                                      is of the essence     with          respect to this Agreement

5

  Contractor may terminate this Agreement upon a breach by the County
TERMINATION

of this Agreement for the failure to make any payment required hereunder which continues
unabated for a                                         period
                                                                of                   thirty 30     days Contractor   agrees to give County at least

ten           10          days notice        of its intent to terminate the contract                                  and if the breach iscured C




                                              Outlook
                                              County
                                              Brunswick
                                              9UM23Q83
Documents Settings rphillipsU Temporary Files Content2011
and                Settings Internet
                   ocal
Revaluation ContractwithFerriss Appraisal Inc doc
within the          10   day period        the notice of termination will be of                 no   effect and this

Agreement          will remain in full force and effect


The  County may terminate this Agreement if it in its sole discretion it determines that
satisfactory progress is not being made by the Contractor to complete the work by the
completion date The County agrees to give Contractor written notification of the
conditions which make termination ofthe Agreement imminent Ten 10 days after this
notice is given if a satisfactory effort has not been made to correct the conditions the

County may declare the Agreement terminated and provide notice accordingly

If the   Agreement         is   terminated           herein               the            shall become the            of
                                                as
                                                              specified         County                      owner

all work                         work in progress material or any other part of the work and the
              completed
County       reserves      the   right to take possession of all work completed work in progress
material      or
                    any other     part  to account for said work and material and to use
                                         ofthe   work
the   same     to
            complete       project in any manner it deems proper The County upon
                                  the

termination shall pay the Contractor pursuant to the system of payment outlined above in
accordance with the amount ofwork performed by the Contractor


6            RESPONSIBILITIES OF CONTRACTOR                                     The Contractor shall                the
                                                                                                        provide
County       with services                   for the                to
                                 required               County           satisfactorily complete     the Revaluation
within the          time    limitations      set     forth herein and in           accordance    with the     highest
professional standards              Contractor will         develop base        land values for Brunswick     County
Neighborhoods based               on current         land   sales   residuals of                  sales and
                                                                                     improved                 current
leases


7            RESPONSIBILITIES OF COUNTY        County personnel will qualify sales and
compile      all sales information
                                requested by the Contractor County personnel will work
                                           as

with Contractor in the analysis of sales information and will set and make appropriate

changes to base land values based upon Contractor analysis
                                       s


County will provide personnel to photograph all residential and commercial property
improvements County will provide all necessary computer hardware and PASCO
software to compute fair market land values County will provide all office space and
equipment County will provide an automobile in good working condition and fuel
necessary to make site visits in the event Contractor is required to perform additional
field   or   site visits to validate information


8            WARRANTY              Contractor warrants to           County that the      services to be delivered   or

rendered hereunder will be ofthe kind and                                              fit for the purpose intended
                                                           quality designated
hereunder       and will be performed            by qualified personnel

9        NOTICES All notices                     other communications to be
                                            or
                                                                                       given hereunder shall be in
writing and shall be by registered               or   certified United States       mail  return receipt requested

properly addressed as follows


                                                                                                                     2

Cand Settings Temporary Internet Files
Documents         LocalSettings
                  rphillips                             Outlook
                                                        Content
                                                        BrunswickCounty
                                                        9UM23Q83
2011 Revaluation Contract with Feniss
                                      Appraisal Inc doc
 To          County                                          Brunswick         County
                                                             Tom   Davis            Tax Administrator
                                                             Post Office Box 269
                                                             Bolivia      With
                                                                       NC 28422-0249


copy to Brunswick                                            County            Office
                                                             ofthe County           Attorney PO
                                                             Box 249 Bolivia

                                                             NC 28422-0249          Contractor
                                                                                    To


Ferris Appraisal                                             Inc William Ferriss
                                                             One Buffalo
                                                             Avenue NW Suite 330 Concord NC

                                                             Change       of




address            party shall be by notice given to the other in the same manner as
                  by either
above specified
                  notice or other communication under this Agreement shall be
                       Any
deemed given at the time of actual delivery upon the third 3rd regular business day following

the day on which such notice or other communication isdeposited with a United States
post office or branch post office or upon actual delivery as shown by the return receipt
whichever first occurs 10 ASSIGNMENT



 party shall assign transfer or delegate or permit the
 Neither                                                                                                                                   assignment   transfer

or delegation of this Agreement or any right or duty hereunder without                                                                     the
prior written           consent      of the other party which                              not be unreasonably withheld
                                                                               shall                                                    11
FORCE


MAJEURE        Inthe                                   event Contractor or the            County   is         rendered         unable wholly    or
in                     by an Force Majeure to carry out any of its obligations under this Agreement
                part
                    event              of

then in addition to the other remedies provided in this Agreement the obligations of

Contractor or the County may be suspended during the continuation of anyinability so
caused by the event of Force Majeure but for no longer period Any time that Contractor
or the County intends to rely upon an event of Force Majeure to suspend obligations as

provided in this Section Contractor or the County shall notify the other party to
this Agreement as soon as reasonably practicable describing in reasonable detail the circumstances
of the event of Force Majeure Notice shall again be given when the effect of
the event of Force Majeure has ceased 12 INDEPENDENT


CONTRACTOR     NO                               AGENCY                 Contractor    will                                   act hereunder               as
anindependent           contractor
                                     and               not      as an agent         of   the County Similarly the                      County is
                 an agent                              nor empowered                                                      obligate Contractor
neither                              of
                                          Contractor                   or
                                                                                    authorized                   to
                                                                                                                                          in
anyway 13 SEVERABILITY


In             the                               event any one or      more of the                 provisions contained      Doc
                                                                                                                          inC uments



and Local Settings Internet Content Outlook Revaluation
Settingslrphillips  Temporary Files        Brunswick
                                           9UM23Q83
                                           2011
                                           County
Contract with      Ferris Appraisal Incdoc
this    Agreement shall          for any reason be held to be            invalid illegal unconstitutional          or

unenforceable             in   any respect   such invalidity
                                                        illegality unconstitutionality or
unenforceability shall not affect any other provision of this Agreement and this
Agreement shall be construed as if such invalid illegal unconstitutional or unenforceable
provision had never been contained herein provided however that it is the intention of
the parties hereto that in lieu of each term clause or
                                                       provision that is held to be invalid
illegal or
           unenforceable     there shall be added by mutual agreement as a part of this

Agreement a term clause or provision as similar in terms to such invalid illegal or
unenforceable term clause or provision as may be
                                                            possible and valid legal or
enforceable Notwithstanding the above if the term of this Agreement is held to be
invalid illegal or unenforceable in any respect then the term of this Agreement shall
automatically be the maximum valid and legal term allowed by applicable common or
statutory      law


14     GOVERNING LAW This Agreement shall be                                                     and construed in
                                                                                governed by
accordance with the laws of the State ofNorth Cazolina


15        BINDING EFFECT                   This   Agreement      shall be    binding upon         and inure to the
benefit   of the parties        hereto and their                                and assigns
                                                    respective   successors



16        CONSTRUCTION Words                      importing   the               number shall include the
                                                                     singulaz                                 plural
in     each    case   and vice      versa and words importing persons shall include firms

corporations         or   other entities The terms herein hereunder hereto hereof and

any similaz terms shall refer to this Agreement the term heretofore shall mean before
the date of adoption of this Agreement and the term hereafter shall mean after the date
ofthis   Agreement This Agreement is the result of joint negotiations and authorship and
no
     part of this Agreement shall be construed as the product of any one of the parties
hereto


17        ENTIRE AGREEMENT                        This                                  the entire
                                                         Agreement constitutes
                                                                           understanding
between the   County           and
                            Contractor                 supersedes all prior negotiations
                                                    and cancels and

representations understandings and agreements either written or oral between such
parties with respect to the subject matter hereof No changes amendments alterations or
modifications to this Agreement will be effective unless in writing and signed by the

parties hereto

18        COUNTERPARTS                 This   Agreement       may be executed in two counterparts each
ofwhich will be considered            an
                                           original

          IN    WITNESS           WHEREOF           the                and   Contractor have           caused their
                                                           County
respective duly       authorized officers to execute this            Agreement     as   of the   day   and yeaz first
above written


          IN WITNESS WHEREOF                         The   parties    hereto have executed this          Agreement
on   the date first set forth above


                                                                                                                   4

Documents and Settings Settings Internet Files
C                 rphillipsU Temporary
                  ocal                                  Outlook
                                                        ContentCounty
                                                        Brunswick
                                                        9UM23Q83
2011 Revaluation Contract with Feniss Appraisal Inc doc
                                                                                                            -
1                                                               Title         FERRISS         APPRAISAL




ATTEST                                                          Inc


By                                                              By




                     Title




SEAL                                                            Board BRUNSWICK




ATTEST                                                          COUNTY
          By Debby                                                          By Marty K
          Gore Clerk to the                                                 Lawing County



          Manager This instrument         has      been
                                                   pre-audited           in the   manner   required by    the Local
Government        Budget and Fiscal Control               Act




Ann B      Hardy
Finance Director




          This instrument is         approved      as   to form




Huey     B Marshall

County Attorney




                                                                                                                  5


Documents and
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                  rphillips                                Intennet   ContentCounty
                                                                      Brunswick
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201 I Revaluation Contract withFerris Appraisal Inc doc
 SWIC
 J                                          Brunswick      County Board of Commissioners
                                                        ACTION AGENDA ITEM
               p                                                             2009
   ATH     o




TO                  Marty        K    Lawing County Manager                                     ACTION ITEM                  REQUESTED
                                                                                                                             ACTION
                                                                                                #MEETING                     VII-2   Nov     16
DATE               FROM Ann       B Hardy Director of Fiscal                                    Operations DATE
                   SUBMITTED   Ken      Perry Revenue                                                                        2009 Nov 6
                   Collector          Ext




2060 ISSUE
#                                                                                               2009 PUBLIC                        HEARING    YES
NO NC Local Government Debt                                   Setoff Clearinghouse               Participation of                            Utility
                                                                                                                     Brunswick County
Customer
Service-For        Approval


PURPOSE
BACKGROUND OF                                       REQUEST

   Background Information

   The NC Local Government Debt Setoff                                 Clearinghouse was        established   as a   result ofthe Setoff Debt
   Collection Act of the NC General Statutes which authorized the NC                                                              of Revenue and
                                                                                                              Department
   claimantagencies    cooperate in identifying debtors who owe money to State and local governments
                                   to

   and who qualify for State income tax refunds The Clearinghouse submits delinquent debts on behalf
   of a county and the                clearinghouse            submits those debts     to the NCDOR to recover             those amounts owed
   from State income tax refunds                        or
                                                              lottery winnings   due to the debtors

   In 2009 to         date 334 NC participating governments submitted claims thru the clearinghouse and
   recovered         over 21 in amounts owed
                          000
                          236                         Since 2002 they have collected over 77 million for
   NC governments   To participate in the program Brunswick
                                                             County would execute the attached
   MOU with the NC Local Government Debt Setoff Clearinghouse and approve the attached resolution
   The link to the                                      for           information is
                                Clearinghouse                 more
                                                                                          www
                                                                                          http
                                                                                          org
                                                                                          ncsetoff
   Current Status

   If the Board of Commission approve the program the
                                                         Utility Billing Office Supervisor and Revenue
   Collector would subscribe to the Locate Plus database service for the purpose of
                                                                                    obtaining the social
   security        number of
                          delinquent taxpayer or account holder prior to submittal to the Clearinghouse
                                      a

   To maintain the   confidentiality and security of the social security numbers and insure adherence to
   the red flag rules the social security number would only be maintained long enough to enter into the
   Clearinghouse database and kept strictly confidential with access limited to the supervisors Any
   written or printed social security number would be shredded
                                                                        immediately after entry into the
   database The fee for Locate Plus is 1 per request with                                 a   15 monthly minimum

   The   proposed procedure                     is to   notify    a   customer of   the   delinquent   balance            their
                                                                                                                     on
                                                                                                                                  utility monthly
   statement or            if   taxes     are   owed      a    letter would be mailed to the
                                                                    property owner If the balance is
   delinquent for a minimum of 60 days a letter would be sent by regular mail informing the
   customer that if they do not satisfy the debt the county will attempt to collect the debt
   taxpayer
   through NCDOR tax refunds or the lottery A sample letter for the utility office is attached If the
   debt is not satisfied within 30 days of the mailing of the notification letter the customer service

   supervisor or revenue collector will submit the debt to the NC Clearinghouse for                                       collection There is
   no charge to the county for the
                                    Clearinghouse service The debtor is charged                                            20 of which 5 is
   provided to the NCDOR and 15 is retained by the Clearinghouse
   The letters for all current             delinquent utility customers would be mailed by the end ofNovember and
   those       continuing        to   be delinquent would be submitted to the Clearinghouse by December 31 2009
  The     approval   at the November Board of Commissioners                   would facilitate the
                                                                   meeting                                        county ability
                                                                                                                  s
  to recover amounts owed from any 2009 tax       refunds that may be due        to                               debtors
                                                                                      county          utility
  The Board of Commissioners would need to                                 officer
                                                  appoint    a   hearing             or   body        to   hear   disputed   claims
  filed by customers and taxpayers

  Recommendation

  Staff recommends that the Board of Commissioners authorize the                     Chairman               Clerk and Finance
  Officer to execute the Memorandum of Understanding and                                  NC Local Government Debt
                                                             Agreement
  Setoff
        Clearinghouse Program Approve the Attached Resolution Authorize the Finance Officer to
  submit application to the Local Plus service and name the
                                                            hearing officer for implementation of the
          in the Utility Customer Service and Revenue Collector
  program                                                       departments


FISCAL IMPACT

 BUDGET AMENDMENT          REQUIRED                                  YES             NO
 CAPITAL PROJECT ORDINANCE          REQUIRED                         YES             NO
 CERTIFICATION
 PRE-AUDIT REQUIRED YES                                              NO                   REVIEWED

 BY DIRECTOR OFFISCAL OPERATIONS YES                                 NO                   CONTRACTS




REVIEWED
AGREEMENTS
 BY COUNTY ATTORNEY YES                                 NO                   N                   A
                                                                                                 ADVISORY

BOARD RECOMMENDATION COUNTY




        RECOMMENDATION Approve
MANAGER S


  Resolution and Memorandum        Under
                                 of standing         Authorizing Brunswick                            County             to     Participate

  inthe NC Local Government      Debt Setoff Clearinghouse
                                                        Program ATTACHIVIENTS


1

     2

     3

     Revised




                                                                                                           -2009Jan-O7
                                                                        4
                                                                        8


           ACTION OF THE BOARD OF COMMISSIONERS


APPROVED                       ATTEST      CLERK TO THE BOARD
DENIED
DEFERRED
UNTIL
                               SIGNATURE




OTHER




                                                     Revised   -2009-Jan-07
                                             November 20 2009

John    Q   Public
 1234 Elm St

Anywhere NC              29123




Dear Mr Public
As authorized                  North Carolina General
                         by                                      Statutes Chapter lOSA The Debt Setoff
Collection Act intends               to submit the debt         s summarized below to the North Carolina
Department        of Revenue for collection  by applying the debt s against any income tax
refund of 50
          00                  that you may be entitled to receive Additionally as authorized
                          or more
                                                                                             by
North Carolina General Statue 18C-134 applicable
                                   if the local agency intends to submit the above
debt against certain lottery
                             prizes to which you may become entitled Your



indebtedness toBrunswick County                              Utilities is
                                                Public                   as          follows   Total



Debts 375                50
                         If




you have any questions                             action   please contact
                         regarding this                                           me at 910        253-2656   Sherri
                                                                                                              Sincerely




Garner



Utility Customer

Service   Supervisor You              have



the right to       contest    this action by filing         a written    for a hearing Your request must
                                                                        request

be        filed at the fol owing address   no later than                30days from the postmarked date of
this letter Failure to request a hearing within 30 days time limit will result in the setoff of
the about debt s and the addition of a 15 00 collection fee Debt Setoff
                                                    assistance



                                                 Officer Brunswick County
                                                  PO
                                                       249
                                                       Box Bolivia North
                                            Carolina   28422
                                                                                                     G


                                                                                        8
                                                                                        04
                                                                                        15


          NC Local Government Debt Setoff Clearinghouse                       Program
                       Attachment I -Local          Agency     Certification


This Local Agency Certification is hereby made a part of the Memorandum of
Understanding and Agreement the Agreement entered into between the parties
regarding the NC Local Government Debt Setoff Clearinghouse Program as referenced
in Section X
           D



I   hereby certify   that the CLAIMANT AGENCY is           a local agency authorized to submit   a

debt owed pursuant      to   the ACT and is   properly   organized and operating as either a

                 Water and Sewer Authority created under Article 1 of Chapter 162A of the
                 General Statutes


                 Regional joint agency created by interlocal agreement under Article 20 of
                 Chapter 160A of the General Statutes between two or more counties
                 cities   or   both




Signed
                 Attorney      for CLAIMANT AGENCY



Date
theBoard
                                             NC Local Government Debt Setoff
                                                                             Program


              Whereas NCGS Chapter l OSA Setoff Debt Collection Act authorizes the North
              Carolina Department of Revenue to cooperate in
                                                              identifying debtors who owe money to
              qualifying local agencies and who are due refunds from the Department of Revenue and

              Whereas            the law authorizes the       setting     offof certain debts owed to                          qualifying            local
              agencies against         tax   refunds   and


             Whereas   the North Carolina Association of
                                                         County Commissioners and the North
             Carolina League of Municipalities have jointly established a            to submit                   clearinghouse
             debts         on   behalf ofthe Local                   of
                                                     Agency

                                                                    Brunswick County


            as                     S
                        defined in G l OSA       -2 6                      effective January   1 2006 and                           thereafter
                                                                                                                                                 as provided
            by

           law            Now          Therefore be it              by the
                                                         Resolved               Local           Agency


                                                                    ofBrunswick


           County        will participate in the debt setoff program and hereby
           designates   as the person to hold hearings and conduct
                                                                        necessary

           proceedings The Brunswick County Commissioners Chairman and
                                                                       the County Manager are
           hereby authorized toexecute such documents and agreements as necessary
                                                                                  to participate in
           the debt setoff




           program Adopted        by the          Brunswick County Governing                   Body   on     the 16th          day of November




           2009 William M Sue Chairman Board of                                                                                Gore Clerk to
                                                                                                         Commissioners Debby
                                                                                                                                 04
                                                                                                                           Rev 8 15



                              Memorandum of       Understanding and Agreement
                      NC Local          Government Debt Setoff Clearinghouse Program

 This agreement is entered into this                        day of                        by and between the
                                                  CLAIMANT AGENCY and the North Carolina League of
 Municipalities          and the North        Carolina Association of County Commissioners
                                                                                           acting as the North
 Carolina Local Government Debt Setoff Clearinghouse
                                                                                   CLEARINGHOUSE

                                                             RECITALS


            WHEREAS the Setoff Debt Collection Act ACT Article 1 of Chapter l OSA of the
            North Carolina General Statutes authorized the North Carolina Department of Revenue

            DEPARTMENT and claimant agencies to cooperate in identifying debtors who owe
            money to the State or to a qualifying local agency and who       for State income tax      qualify
            refunds         and established      procedures   for   setting     off against any refund the        sum      of any debt
            owed       to   the State   or   local government and


            WHEREAS pursuant                     to   NCGS    lOSA-3
                                                              CLEARINGHOUSE    has registered   with DEPARTMENT
            to delinquent
              submit
                                                      debts on behalf of a local agency and has thereby become
            authorized tosubmit               delinquent debts on behalf ofa local agency under the ACT and
            WHEREAS


            CLAIMANT        AGENCY is           a                   local   agency authorized tosubmit a debt owed to
            it   pursuant tothe ACT and WHEREAS


            CLAIMANT        AGENCY desires to enter into this agreement
                                                                            with CLEARINGHOUSE
            in order to participate under the Setoff Debt Collection Act to increase
            the collection rate of delinquent debts owed to CLAIMANT AGENCY    WHEREAS                           and

            CLEARINGHOUSE hasagreed to                                          submit   delinquent   debts      on   behalf   of CLAIMANT
            AGENCY NOW


THEREFORE   inconsideration ofthe mutual covenants and agreements terms and conditions
contained herein
              CLAIMANT AGENCY and CLEARINGHOUSE mutually agree as follows
I




TERM        This
            TERMINATION
                         under
            memorandum of standing and agreement shall remain and continue in full force
            and effect from year to year unless modified or terminated in writing by either party
                                                                                                   upon
            90 days written notice to the other party Upon termination of         this agreement all sums
            due       and owing   from       either party to the other shall remain a lawful obligation
                                                                                                        of the party
            and       be due and payable                   will erase all claimant data files from its
                                             CLEARINGHOUSE
            debt setoff system upon termination
                                                                                                                                 X89
II   REPRESENTATIONS AND OBLIGATIONS OF CLAIMANT AGENCY


     A CLAIMANT                   AGENCY                          designates
                                                         hereby                  appoints     and   authorizes
        CLEARINGHOUSE                    to process                  debts to be submitted to Department For
                                                          delinquent
        purposes of the Debt Setoff                      Clearinghouse Program DELINQUENT DEBT is
        defined    to mean

             i          a   single     account       or
                                                          monetary        obligation   which is     at   least 50 owed          by   a

                        debtor to       a   claimant agency or
             ii         a
                            group of accounts                or   single monetary obligations each of which is less
                        than      that have been combined to total
                                  50                                                at least 50 owed
                                                                                                       by the same
                        debtor to a claimant agency or

             iii        a   combination of              two or more accounts or
                                                                      monetary obligations one of
                        which is         least 50 and the remainder of which when added together
                                        at

                        equal     less than 50 owed by the same debtor to a claimant agency


        Each      account or
                              monetary obligation may have accrued through contract
        subrogation tort operation of law or any other legal theory regardless of whether
        there is an outstanding judgment for the sum To become a delinquent debt a period
        of 60 days must have elapsed between the time CLAIMANT AGENCY declares all
        of the applicable accounts or monetary obligations delinquent and the date the
        delinquent debt is submitted to CLEARINGHOUSE for collection

     B CLAIMANT AGENCY shall                                            with the                of the ACT
                                                          comply                   provisions                         prior to the
        submission          of    a     debt    to      CLEARINGHOUSE
                                                                  and                  for   setoff                 shall provide
        CLEARINGHOUSE the date of compliance with its debt submission file


     C CLAIMANT AGENCY shall upon execution of this agreement file a participation
       form with CLEARINGHOUSE designating a debt setoff coordinator and a debt
       setoff contact Such participation form shall be updated on an annual basis and at any
        time there is  change in the information provided thereon CLEARINGHOUSE
                             a

        shall administratively provide participation forms as needed for use by
        CLAIMAINT AGENCY The debt setoff coordinator shall be the designated local
        government employee authorized to receive notices and communication from
        CLEARINGHOUSE to insure that the requirements of this agreement and the

        requirements of the Act are met       The debt setoff coordinator shall supply
        CLEARINGHOUSE                       with                  and   all   information    that        in   the                of
                                                     any                                                              opinion
        CLEARINGHOUSE is necessary for the proper implementation of this agreement
        The debt setoff contact will receive all referrals from debtors


     D CLAIMANT AGENCY shall                            use a   file specified by CLEARINGHOUSE to prepare
        debt files and            adjustments           to   debt files that CLAIMANT AGENCY certifies to
        CLEARINGHOUSE                    are owed to CLAIMANT AGENCY and that CLAIMANT
        AGENCY desires             to   have CLEARINGHOUSE submit to DEPARTMENT for setoff
             shown                document         to   be
        as              on a
                                                              administratively supplied by               CLEARINGHOUSE
        entitled File        Layouts          for Submission of Debts from                   CLAIMANT AGENCY                     to

        CLEARINGHOUSE            If      opinionin the                   of the file                                   to
                                                    CLEARINGHOUSE changes
        format    are
                     necessary to carry out this program CLEARINGHOUSE shall timely
        notify   the CLAIMANT AGENCY            The CLAIMANT AGENCY covenants and
        agrees     that      it       shall     immediately              implement        any  changes required by
        CLEARINGHOUSE Data file structure will mirror                                  requirements of DEPARTMENT
                                   but may include other fields such as date of debt cancellation
                                                                                                     CLEARINGHOUSE
                                   willorganize capability of date and time stamping debt for priority setting

                         AIMANT AGENCY shall transmit a debt file to CLEARINGHOUSE in a
                       E C
                                                                                                method
                         and format acceptable to CLEARINGHOUSE CLAIMANT AGENCY
                                                                                            may choose
                         one of three methods for   data transmission 1 customized software
                                                                                            application
                         provided by CLEARINGHOUSE 2 file transfer protocol and 3 hardcopy
                         documents hardcopy will require payment of costs of data
                                                                                                                                                                                        entry services

                      F CLAIMANT AGENCY shall
                                                       comply with the notice and hearing procedures set forth
                        in G lOSA-5 to the submission ofa debt file to CLEARINGHOUSE
                           S prior                                                   Debt files
                        must be received on or before Friday          p in
                                                                   5 00 m order to be included in the following
                                                                                                                         at
                                   week s
                                        submissions                        by CLEARINGHOUSE to G
                                                                                              DEPARTMENT



                    CLAIMANT      AGENCY                                shall                                            a
                                                                                                    after                           debt      file                      has             been    submitted       to                    CLEARINGHOUSE

                                  advise                                       CLEARINGHOUSE
                                                             of any debtor repayment or protests
                                  and instructions todelete or reduce a delinquent debt by submit ing a new debt
                                  file by          close              of business onthe day the repayment or                                                                  protest
                                                                                                                                                                                        and instructions todelete
                                  or               a delinquent                 is received III
                                          reduce
                                                                           debt

REPRESENTATIONS    ANDOBLIGATIONS OF                                                                                                       CLEARINGHOUSE   A

                  CLEARINGHOUSE   shall upon                  receipt of CLAIMANT AGENCY S file compile
                                                                                           debt
                                  the   information and submit the data to the DEPARTMENT on  Monday of each

                                  week B


                  CLEARINGHOUSE   shall remit to the CLAIMANT AGENCY funds received from DEPARTMENT
                                  within a reasonable time from           the date of receipt from DEPARTMENT
                                  Thereafter CLEARINGHOUSE shall provide the CLAIMANT AGENCY
                                  an accounting of funds collected which will include the name of the debtor
                                  the               social
                                             debtor s security                                  number and the amount of the debt setoff as shown
                                  on the File Layout                        for               Submission ofDebts from CLAIMANT AGENCY toEARINGHOUSE
                                                                                                                                            CL

                                  C

                  CLEARINGHOUSE will provide                      CLAIMANT AGENCY anentity version of the application
                                  software         system which will allow CLAIMANT AGENCY todo its own in-house
                                  entry
                                  data for transfer to CLEARINGHOUSE CLEARINGHOUSE will provide free
                                  upgrades of the application software periodically as needed The entity version of
                                  the application system will provide both a comprehensive online help system
                                                                                                                                                                                                                                 and
                                  a written            Instal ation   Set-up   guide P
                                                                               user A class
                                                                               s entium                                                                                 computer with Windows
                                                                                                                                                                                                             95 or
                                  above is required by CLAIMANT                     AGENCY using                              the application                                                  software     system   D
                                  CLEARINGHOUSE will


                  provide alicensed                                                                                           PKWARE
                                                                                             copy                        of                                S PKZIP                       CLAIMANT
                                                                                                                                                                                         to AGENCY                                   This
                                  software provides for compression                                                                                        encryption
                                                                                                                               and                                      for the security                                             of
                                  the   data                to be sent         to   CLEARINGHOUSE   CLEARINGHOUSE will   also compress and
                                  encrypt the                           data using PKZIP                         before       returning     the data                                                             CLAIMANT   AGENCY
                                                                                                                                                                                               to
    E               CLEARINGHOUSE                                                           will                  provide               a     toll         telephone number for use by
                                                                                                                                                        free
                    CLAIMANT AGENCY to receive technical                                                                                             support and provide information on the
                    use             of software                                   applications                              and         the       processing of debts for submission to
                    DEPARTMENT  Technical support and information shall be available from 8
                                                                                          00
                    m until 00
                            5p EST Monday through Friday excluding
                    a
                               m                                         holidays Voice mail
                        access
                    and a-mail                             shall                 also be provided                      as a part of the support information
                                                                                                                                                response                                                                                                             system

                    F

    CLEARINGHOUSE   will provide                                                                                                   no             AGENCY technical support
                                                                                                                                                  to CLAIMANT
                                                                                                               at                          cost


                    to                          CLAIMANT         AGENCY                                           including                   site visits when advisable or appropriate
                                                                     support
                    CLEARINGHOUSE will provide afirst-level ofby telephone to attempt to
                                                                         unsuccessful
                    diagnose the problems However if first-level support isan on-site visit will
                    made
                    be within four 4 business days G CLEARINGHOUSE will provide


    at nocost                                                     to CLAIMANT AGENCY a training seminar of one to
                    two days                               CLAIMANT AGENCY S staff on
                                                           each          year for                  the of the debt setoff
                                                                                                   use
                    application system   IV UNDERSTANDING OF PARTIES


A   To recover the



    costs incurred                                          DEPARTMENT                     collecting                          itimposes                                                                                                        as istance
                               by                                        in                                            debts                                                a collection                                                                            fee            on

                    each debt collected                                                       through           setoff DEPARTMENT must collect this fee                                                                                                                  as

                    part of the                                           debt    and retain it To recover the costs                                             incurred   by                              claimant     agencies                       in                   submit ing
                    debts                       for collection                             a                                local collection      assistance          fee   of 15dollars is
                    imposed on each delinquent                              debt                           submitted   to      DEPARTMENT               and collected                             through     setoff
                    DEPARTMENT                    must                           collect   this                 feeas part of the                                                                                      debt
                                                                                                                                                                                                                              and remit it to
                    CLEARINGHOUSE If CLAIMANT                  AGENCY    is a
                                                                           due refund of more                                                                                                                                                                that   SO dollars
                    DEPARTMENT           sets the                        tax                refund off in the amount of the delinquent debt plus its

                    collection                             assistance     fees and            the local collection assistance fee If DEPARTMENT is
                    able                 to collect only part                                                                  of    a                debt through          setoff     its       collection            assistance fee                                        has
                    priority over the local                        collection                                                       assistance    fee and over the remainder of the
                    delinquent debt The local         collection assistance fee                                                                    has priority over the remainder                                                                                    of
                    the            delinquent   debt B DEPARTMENT has priority


    over            all                                                      other         claimant                    agencies     whenever it is a competing agency for                                                                                                         a


                    refund State agencies have priority                                                                        over      local agencies When multiple                                                           claims                              among
                    local agencies are submitted                                                                                 for      setoff to CLEARINGHOUSE                                                                  the                              claims    have

                    priority based on the                                                                                               date and time each local agency                                                        requested CLEARINGHOUSE to
                    submit debts on behalf The
                                          its                                                                                                                                date          and time                                            of submission of
                    the debt file shall constitute the date and time to establish the priority                                                                                                                                 CLEARINGHOUSE    shall use

                    submission                    receipt date                                                                      and      time                  of                        original file for priority
                                                                                                                                                                                                  date
                    and time of                                          specific debt Additions to a delinquent debt                                                                interest and or
                                                                                                                                                                               through accrued

                                   change
                    penalties will not                                                         the                              priority    date     Any            new        delinquent debt for same
                    CLAIMANT                               AGENCY will                have                 anew submission date                                                                   and time                    including new
                    debts for a previously                                                     submitted debtor                                           debt submitted                        CLEARINGHOUSE that     to
                                                                                                                               A
                                                                                                                                    delinquent
                    has been reduced by setoff or otherwise                                                                                                                    to anamount of less than
                    50 may lose its existing priority If such delinquent debt                                                                                                   is thereafter combined with a
                    future delinquent debt                                                        submis ion   for             the same                         debtor and thereby                                            becomes                          eligible for

                    setoff                      it                          shall be treated                                       as a part of the                          new
                                                                                                                                                                                     debt and shall beassigned priority
                    based on                    the future                                                     submission      If   such delinquent debt
                                                                                                                               9

        through     the addition of interest          or
                                                         penalties       is thereafter increased           to an amount     of at
        least 50 and        thereby         becomes   eligible for       set         such debt shall retain its
                                                                               off                                       original
        priority

    C CLEARINGHOUSE shall                       not   accept         debt file that is     not
                                                                 a
                                                                                                 prepared       as
                                                                                                                     specified by
        CLEARINGHOUSE                   or   where    a
                                                          period     of 60   days    has   not             between the time
                                                                                                 elapsed
        the CLAIMANT AGENCY declares the debt delinquent and the date the delinquent
        debt is submitted to CLEARINGHOUSE for collection CLEARINGHOUSE
                                                                               agrees
        to submit
                   delinquent debts to Department provided however the CLAIMANT
        AGENCY is           solely responsible for complying with the ACT specifically including
        the notice and       hearing provisions and other requirements of the act

    D The       CLAIMANT               AGENCY             acknowledges that                CLAIMANT             AGENCY         is
        responsible       for the notice and              hearing requirements             of the ACT            CLAIMANT
        AGENCY           affirms       to    CLEARINGHOUSE that it                     will                 with the ACT
                                                                                                 comply
        specifically including the notice and hearing provisions required by the                               ACT prior to
        the submission of a delinquent debt to CLEARINGHOUSE for setoff


    E   Successful                           funds will be disbursed
                         interception                through Capital Management of the
        Carolinas Capital Management the agency that oversees administration of the
        North Carolina Capital Management Trust CLAIMANT AGENCY shall have an
        account with Capital Management
                                        prior to the submission of a delinquent debt to
        CLEARINGHOUSE and shall retain said account for as long as this
                                                                        agreement shall
        be in full force and effect


V   COMPENSATION


    A CLEARINGHOUSE shall receive                           as
                                                                  compensation         for its services the 15 local
        collection assistance fee that is             imposed by        DEPARTMENT
                                                                               on each
                                                                                       delinquent debt
        that   is   submitted         by     CLEARINGHOUSE        and collected through a successful

        interception             SUCCESSFUL                INTERCEPTION is defined to mean the
        DEPARTMENT matched all                   or a    portion of a debt submitted by CLEARINGHOUSE
        against     a   State   tax   refund for      interception and payment towards a delinquent debt
        owed   to   CLAIMANT AGENCY


    B   CLAIMANT                AGENCY    by the execution of this agreement authorizes
        CLEARINGHOUSE               retain the 15 local collection assistance fee
                                       to
                                                                                  imposed on each
        delinquent       debt for each successful interception CLAIMANT AGENCY further
        authorizes CLEARINGHOUSE                      to   retain the local collection assistance fee collected
        by   it in the    event       CLAIMANT AGENCY is                       required by       statute   or   otherwise     to
        return to a     debtor funds that have been              set   off by DEPARTMENT


    C CLAIMANT AGENCY may not combine individual
                                                    delinquent debts of at least 50
        eachby delinquent debtor   and social security number for submission to
                                                 name

        CLEARINGHOUSE Multiple debts of less than 50 owned by the same debtor to a
        claimant agency and one debt of less than 50 and a debt of at least 50 may be
        combined to meet the SO threshold and
                                               thereby constitute a delinquent debt which
        may be submitted         to   CLEARINGHOUSE
                                                                                                                                                              X93


              D     Existing               submitted       delinquent debts may be adjusted upwards for interest fees etc
                   and will retain                   their original priority order but not a later new delinquent debt even if
                                                                New debts will be date                               CLEARINGHOUSE with
                   from the            same          debtor                                            stamped by
                   the later submission date


              E    In the event of partial                     payment of a delinquent debt the CLAIMANT AGENCY may
                   continue                to   submit the balance of the debt if 50       or more as a part of subsequent


                   data files f the                delinquent debt is reduced to an amount of less than 50 it may be
                   combined                with a future delinquent debt submission for the same debtor and will be
                   treated            as   a part of the new delinquent debt for purposes of priority and imposition

                   of the local collection assistance fee


VI            REIMBURSEMENT
              INDEMNIFICATION


              CLAIMANT AGENCY     fully understands and warrants to CLEARINGHOUSE that by
              submissionof any delinquent debt submitted to CLEARINGHOUSE for setoff
              CLAIMANT AGENCY has complied with all of the provisions of the ACT and this
              agreement  The CLAIMANT AGENCY shall hold CLEARINGHOUSE free and
              harmless and shall                      indemnify against any and all damages claims
                                                                     CLEARINGHOUSE
              of action injuries actions liability or proceedings arising from the failure of
              CLAIMANT AGENCY to so perform CLAIMANT AGENCY shall be responsible for
              the repayment of any sums received by it including interest penalties and court costs to
              a   debtor in the                 event a court       of competent         jurisdiction     rules that said repayment is due                     to

              a   debtor      or      debtors


VII           NOTICE


                       notice          required           to   be   given    under this           Agreement    shall be   sent     by      certified           or
              Any
                                                                                                                                          debt         setoff
              registered               mail          postage        prepaid      to

              coordinator                                                            local agency
                                                                                 3069 Raleigh NC 27602-3069
                                                                                                  and                      NCACC P O Box
              address and to NCLM P O Box
              1488 Raleigh NC 27602-1488 in case
                                         the                                        of CLEARINGHOUSE VIII ASSIGNMENT



This          Agreement


              is not as ignable                      by   either party IX CONFIDENTIAL

INFORMATION   Inthe


              course of         this Agreement the parties may find it necessary to disclose to
                            performance         of
              the     party certain confidential information Confidential Information Confidential Information
                              other

              includes but is not limited to information relating to the parties employees

              trade secrets       customers vendors finances operations products and other business
              information The following terms apply to Confidential Information i             the non-disclosing

              party shall as confidential                    and use the same degree of care as it employs in the
                      treat
              protection of its             similar confidential information but in no event less than a e  reasonabl
                                                own
                                                                ii the non-disclosing   party   will                        information   in                  with
              degree   of   care                 and                                                   only the
                                                                                                       use                                       connection


              its business dealings with the disclosing                                         party    and shall   6
             disclose information                   only                            contractors    having          need to know and who
                                                            to   employees     or                              a


             agree to be bound by the      of this Section unless otherwise authorized in writing by
                                                           terms

             the disclosing party Information shall not be subject to these terms if i it is in the
             public domain at the time of disclosure or enters the public domain without breach of
             this  Agreement ii it is known to the non-disclosing prior to the disclosure or it is independently
                                                            party
             developed by               the non-disclosing party it is obtained by non- disclosing party
                                                           iii
             ingood faith from a third party not under obligation of secrecy to the disclosing party
             or iv it is the subject of a court or government agency order to disclose provided
             the non-disclosing party gives notice to the disclosing party to allow the disclosing
                                      prompt
             party to contest such order The obligations set forth in this Section survive termination rescission
                                              this Agreement
             non-renewal or expiration of All information including but


               limited to printed written oral
             not                                                                                                                     gain
                                                                                  computer-formatted information which CLEARINGHOUSE may
                                                                                 or

             access to during                                                   the course of the performance of this Agreement shall

             be the property of CLAIMANT                                   AGENCY shall be held in the strictest confidence
              and shall be used solely for the business purposes that are the subject ofthis Agreement
             CLEARINGHOUSE shall maintain confidentiality of such information not only during
              the course of the performance of this Agreement but following its termination XMISCELLANEOUS
             AThis             Agreement


represents   the


             full and            final understanding of the parties with respect to the subject matter described
                     herein and supersedes any and all prior agreements or understandings written or oral express

                      or                      implied This Agreement may be modified or amended only by a
                      written statement signed by both parties B         The laws of the

             State   of North Carolina shall govern the terms and conditions ofthis Agreement Should any dispute arise

                     between the parties concerning any matter under this Agreement such disputes
                     shall be submitted to binding arbitration before the American Arbitration Association in
                     accordance with applicable rules C CLAIMANT AGENCY shall enter
             into    no                  other contract for similar services with any other entity so long as
                     this Agreement remains in effect D The CLAIMANT AGENCY shall


             be identified and contacted as follows Type of Agency                                                 Check   appropriate
                             type   A   County to the extent
                                        it is not considered a agency A municipality
                                                              State                        A   Water
                                                                                                       Sewer
                                        Authority   created
                                        under Article            1 ofChapter 162A         Attorney for CLAIMANT AGENCY MUST complete and
                                        include                  Attachment I-Local Agency Certification A regional joint agency
                                         created
                                        by  interlocal agreement created under Article 20of Chapter 160A between two or more
                                         counties cities or both Attorney for CLAIMANT AGENCY MUST complete and include Attachment
                                         I         -Local Agency Certification Name of Agency Director Chief

                         Exec Officer etc

                         CityZip Email Address
                         Address
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed                on   the
                                                                                bodies
day and date f rst above written all by authority of their respective governing


                                                  NORTH CAROLINA LOCAL GOVERNMENT
                                                  DEBT SETOFF CLEARINGHOUSE
       Local Agency




By                                               By
     Authorized Official                                 S Ellis Hankins Executive Director
                                                         NC   League of Municipalities


ATTEST

             Clerk                               By
                                                      David F      Thompson   Executive Director
                                                        NC Association of County Commissioners
SEAL




This instrument has been   preaudited in the   manner
                                                        required by the   Local Government   Budget
and Fiscal Control Act




       Signature   of Finance   Officer
                                                                                 Application Submission Steps                                                                  Contact                                                Pa
                                                                                 1                                                                                             Sales       888 746-3463
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                    D ATEr                                                            Complete Application
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City                                                                                                                                                                     REV                                          C


Office Phone         Land Line Only                                                                           State Zip                                                                   in




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College            Jniversity
Police Govemment Law Enforcement Fortune 1000
only                                                                                                                  Housing Authority               Other Business

Documentation



Attach a

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Govemment   Entity orUniversity                                  required     submit           their individual official identification   photocopied on
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Intended
Number




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intended business use of        data   Issuing Authority




1009 2009 for
     DD
     SVApplication                                                                                                                            Fortune                          1
                                                                                 Govt Law Enforcement                                                    1000
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                                                                                                                                                           Exp MM

     Is this   a    Business   or   Personal Credit Card



 Name          as   it appears      on   Card




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REV C 10
      2009 DD
      09   SV
                                                                                  Application for Govt                     Law     Enforcement           Fortune 1000                           2
                                                                                                                                         09



    This agreement the Agreement is entered into between
                                                               LocatePLUS Corporation
    LocatePLUS services agreeing to these terms                                             LocatePLUS     a   Delaware corporation and the user of
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merchantability or fitness for a particular purpose of the services or the components
                                                                                      thereof REV

C10 09
    2009 SV
    DD Application                              forGovt Law                 Enforcement
                                                                                          Fortune    1000 3
                                                                                                                                                                       9

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I         am                          New
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                                                                                                                                                                              from LocatePLUS
      LPC within the meaning and express terms of theFederal Drivers Privacy Protection Act and pertinent State and
Corporation
                                                                                                                                                                    Local laws Ihereby
appoint LPC as my agent to
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true and correct and agree for                    such entity to the terms and conditions set forth in Service Agreement Signed By
                                                                                                             the                         Print

Name Date                                                                                                 note


Date Please                                                                                              Application




may take                                  3to 7                       Busines days to process       REV C 10




092009 DD for
       SVGovt
       Application                                              Law Enforcement Fortune            1000    4
quarterof
               3
                   G
                   meJ
                   sW                                                      Brunswick       County Board                   of Commissioners
               y                                                                     ACTION AGE NDA ITEM
                      aTN                                                                                         2009                                                                    2060
                                                                                                                                                                                          #


                TO
                                                   Marty          K   Lawing County Manager                                         ACTION ITEM                         0
                                                                                                                                                                        g
                                                                                                                                    #MEETING                            VII-3       Nov   16
                DATE                              FROM          Ann Hardy            Director of Fiscal                             Operations DATE                     2009              6
                                                                                                                                                                                    Nov
                                                  SUBMITTED         Ext




               2009ACTION
               ISSUE
                                                                                                                                    REQUESTED PUBLIC                            HEARING   YES
                          No Financial Report                                  period ended
                                                               for October 31 2009 UNAUDITED for information All reports
                      are                         provided
                                                              httpov
                                                              wwwPortals
                                                              atbrunswickcountync
                                                                        CurrentFYFinancialReport
                                                                        0
                                                                        bcfiles

              BACKGROUND PURPOSE OF
              ndf
              REQUEST General
              Fund                   Presented    on the
                                                                            Brunswick   County Government website  is a schedule of revenues
                                                                                                                                             and
              expenditures- budget and actual for the General Fund for                                 the period ended 09 on the cash basis
                                                                                                                  10
                                                                                                                  31
              comparative actual amounts for        period ended
                                                                                                                                             with
                                                           10
                                                           31       the

             08             Total        revenues for the General Fund at 09 are
                                                                       31
                                                                       10    30 6 million compared to 3 mil ion
                                                                                                      32              10
                                                                                                                      31
                                                                                                                      at
             08           a decrease
                    for
                                                1
                                                of 7 million or 3
                                                               5           Total revenues collected
                                                                                                        21
                                                                                                    are currently 1of the
             amended         budget for the fiscal


             year                                               expenditures for the General Fund at
                            Total                                                                 31
                                                                                                  10                 09   45
                                                                                                                          are 4 million compared to 5 mil ion
                                                                                                                                                 48
             at
             1031 08                                     a decrease
                                                 for
                                                                           of
                                                                           3         1       million
                                                                                                       6
                                                                                                       or                4 Total expenditures
             the                                             budget for the
                                                                                                                                                  29
                                                                                                                                              are currently 9 of
                               amended                                      fiscal


             year Net      other financing sources and transfers to reserve funds of 1 million
                                                                                  0                             reported Revenues
             and                                                                                  are
                    other financing sources are less than expenditures and
            09
                                                                             other financing uses by 8il on at
                                                                                                  14              mi 31
                                                                                                                     10
                 as compared to 4 mil ion at 08 The overall result for the
                              17                     31
                                                     10                                                  quarter of FY 10 is
                                                                                                   first
            an improvement of 6 million or 9 as compared to the first quarter of FY 09
                              2                  14
            due toreductions                                                                          The improvement is
                              inexpenditures greater than reductions in and reductions in transfers to
                                                                                    revenues
            reserve funds for


            projects Water
            Fund                Presented    on the
                                                                      Brunswick County                    Government website   is   a schedule         of            revenues
                            budget and actual                                                                                                                     and
            expenditures-                                          and changes in fund balance           for the Water Fund for
                                                                                                                                                      the period ended 09 on
                                                                                                                                                                 31
                                                                                                                                                                 10
            the cash basis                         with                  comparative actual amounts for
                                                                                                        the period ended
                                                                                                                   31
                                                                                                                   10

            08 Total revenues for the Water Fund at 09 are 3
                                                 10
                                                 31    7       million                                                                     compared   8
                                                                                                                                                      to 5 mil ion at 08
                                                                                                                                                                   10
                                                                                                                                                                   31                          for
            a decrease of 2 million or
                       1               14         1 Total revenues collected                                                             are             40
                                                                                                                                                         currently       9 of the
            amended         budget for the
                                           fiscal


            year          Total    expenditures for the Water Fund at 09
                                                                   10
                                                                   31    4
                                                                         are 3 million compared to 2 mil ion at
                                                                                                    4
            08                                                                                               31
                                                                                                             10
                   for an increase of 1 or 3
                                   0                  million 2
                                                                    Total expenditures are currently 7of the amended
                                                                                           27
            budget for the
                           fiscal


            year Net transfers to the
                                              Water Capital Reserve for Water Capital Projects of 5 million are
                                                                                                 0
            reported Revenues and         other financing sources are greater than expenditures and other financing
            5 as
             million                    of 09
                                        10
                                        31            compared to 4
                                                                                                                         2
                                                                                                                    uses by
                                                               4      as                                mil ion   at 08 The overall result for the
                                                                                                                  10
                                                                                                                  31
                                                                                                                                                   first
FY 10 is    a   decline of 1 million
                           9                    or    2
                                                      43        compared to the first quarter of FY 09
                                                                   as                                                      The
                                                                                                                           decline
                                                                                                                           gis
due todeclining retail              wholesale and industrial   mainly due to the PPI rate decrease taps
                                                                                                      connections
transmission capital recovery fees             and    investment revenues along with an increase in transfers to capital

projects


Wastewater Fund
Presented       on   the Brunswick       County   Government website is                 a   schedule of revenues and        expenditures-
budget and actual             for the   Wastewater Fund for the                period    ended    09
                                                                                                  31
                                                                                                  10         on   the cash       basis with

comparative actual        amounts for the      period            3108
                                                           ended 10


Total    revenues      for the Wastewater Fund               at    10
                                                                   31
                                                                   09           are   3 million
                                                                                      7                 compared to 4 million at
                                                                                                                    0
10 for
08
31                a   decrease of       0
                                        3     million   or    5
                                                              7            Total   revenues are
                                                                                                      currently 6
                                                                                                                29 of the amended

budget for      the fiscal year


Total    expenditures                                31
                                                     09
                          for the Wastewater Fund at 10 were 3 million
                                                             2                                            compared to     3 million
                                                                                                                          1                at

 0
 31 for
 08               an   increase of 0 million
                                   1                  or   3Total
                                                           2                  expenditures      are   currently 23
                                                                                                                7         ofthe amended

budget for      the fiscal year


Net transfers to the Wastewater Fund from the Wastewater                                Capital Reserve and Wastewater Capital
Projects of 1 million are reported The transfers were
            5                                                                         to replenish the operating fund from debt

proceeds received for capital projects The project advances were for the Sunset and Calabash collection

systems Revenues and other financing sources are greater than expenditures and other financing uses by
2 million as of 10as compared to 1 million at 10
0                  09
                   31                        3             08The overall result for the first quarter
                                                           31
of FY 10 is an improvement of 0   7                9
                                       million or 53 as compared to the first quarter of FY 09 The
              is due to the receipt of the debt proceeds to replenish the operating fund project advances
improvement
made in prior years




Key Indicators of Revenues and Expenditures
Presented on the Brunswick County Government website are charts with actual history current month
actual amounts and annual budget information for major revenues and expenditures in both the enterprise
and   general    funds


Cash and Investments
A   Summary  of Cash and Investments is presented on the Brunswick County Government website as of
10reports that the County had 107 million of unrestricted cash and investments in all funds
09
31                                    3
including those accruing for outside agencies that the county performs collections plus 22 million of
                                                                                        4
              restricted cash from debt proceeds All cash and investments are earning an average yield
capital project
                                                   09
                                                   31
   89 The total ofcash balances per fund as of 10was 40 million General Fund 12
of 0                                                             5                           0
million County Capital Reserve Fund 195                               8
                                            million in the Water Fund 2 million in the Wastewater
Fund and 3 million in the Wastewater Capital Reserve Fund
         1


Capital Reserve Funds
A report of the budget and actual amounts for all                  capital     reserve   reports is presented     on   the Brunswick

County Government website

Grants and Capital Project Funds
A report ofall                and   capital project   funds   as   of is   presented    on   the Brunswick County Government
                      grant
website


The various unaudited and interim financial                  reports    are   presented     for information and    no   action is

requested

                                                                                                                       Revised   -2009-Jan-07
                                                                                                      1



FISCAL IlVIPACT
 BUDGET AMENDMENT    REQUIRED                        YES                  NO
 CAPITAL PROJECT ORDINANCE   REQUIRED                YES                  NO
 PRE-AUDIT REQUIRED
 CERTIFICATION            YES                        NO                   REVIEWED
 BY DIRECTOR OFFISCAL OPERATIONS YES
                                                     NO                       CONTRACTS




REVIEWED
AGREEMENTS
 BY COUNTY ATTORNEY YES
                                              NO               N                          A
                                                                                          ADVISORY


BOARD RECOMMENDATION COUNTY




MANAGER SStaff
        RECOMMENDATION

  recommends to ve the October 31
               Recei             2009 Financial Report   as Information   ATTACHIVIENTS


1

     http
               CurrentFYFinancialReport
               bcfiles
               0
               Portals
               gov
               brunswickcountync 2
               www
               pdf
     3

     Revised




                                                                                             -2009 1an-O7
           ACTION OF THE BOARD OF COMMISSIONERS


                                      ATTEST      CLERK        TO   THE
APPROVED
                                                  BOARD

DENIED
DEFERRED
UNTIL
                                      SIGNATURE




OTHER




                                                     Revised   1an-07
                                                               -2009
Long23
          N
            Sw1
            -
            J
                                                                       sme               Brunswick   County Board of                                          DATE
                                                                                                                                                              2584
                                                                                     Commissioners ACTION AGENDA
           ITEM q                    eT                                                              o




          2009
                                            TO Marty K Lawing County                                                 Manager ACTION             SUBMITTED
                                                                                                                                                1
                                                                                                                     ITEM #                     4                    VIII-1
                                                                                                                                                November
          MEETING                           DATE     FROM AI Hight                                                   Ext #                      162009 November
                                            Cooperative    Extension




          2009 ISSUE
          5                                                                                                          ACTION REQUESTED                PUBLIC    HEARING
               YES                          No Approval of
                                                                               appointment ofVoluntary               Agricultural District   Board

          replacement
          member BACKGROUND PURPOSE

              OF                          REQUEST Donald     Ray       Long one
                          of the founding members ofthe Brunswick County
              Voluntary Agricultural District
                   Board has resigned The VAD Board recommends that Mr David Knox be appointed
              as Mr Longs replacement According to the bylaws the Brunswick County Board of
              Commissioners must approve



         thisaction
           FISCAL IMPACT                                        BUDGET                                                 AMENDMENT    REQUIRED
           YES NO CAPITAL PROJECT                                                                                      ORDINANCE    REQUIRED
           NO
           YES PRE-AUDIT
                                                                            CERTIFICATION                              REQUIRED     YES
           NO REVIEWED BY DIRECTOR OF FISCAL
                                                                                                                       OPERATIONS   YES



         CONTRACTS
         NO
           AGREEMENTS                     REVIEWED BY COUNTY                                              ATTORNEY            YES            N
                                                                                                                                             NO

         AADVISORY                                        BOARD




         RECOMMENDATION COUNTY S
                        MANAGER




         RECOMMENDATION

                    AT ACf iVIENTS                1                    Resignation   Letter -Mr       Donald
                    Ray
           ACTION OF THE BOARD OF COMMISSIONERS


APPROVED                       ATTEST      CLERK TO THE BOARD
DENIED
DEFERRED
UNTIL

                               SIGNATURE



OTHER




                                                    Revised -2009
                                                            1an-07
LongDate
                                                                                             6
                                                                                             1




                       2009
           August 28




           I Donald Ray Long do hereby resign from the
                                                       Brunswick County Voluntary   Agricultural
           District Board effective August 28 2009




                                                                               -

           Q Do   ald Ray
Officio12012009
                                                                                                      viii

                                                                                                                        -


                             1BRUNSWICK COUNTY BOARD OF
                                                  COMMISSIONERS BOARD




                  APPOINTMENTS BOARD OF


                  HEALTH Board           Member       Category           Appt    Date                        Term Exp


                                         Joey           Pharmacist
                                                        12                           06                      01
                                                                                                             3
                                                                                                             12
                  Date Galloway

                          ----- -                       Daniel
                                                        Dr                           Physican                3
                                                                                                             01
                                                                                                             08
                  2009           Blizzard

                       01            2010               Flint
                                                        King                           Vet rinari n          02
                                                                                                             09
                                                                                                             3
                  12

                                  2010   Miller          Jr
                                                         Haywood                       Public                12
                                                                                                             06
                                                                                                             3
                  12 01

                        01               2009           Smith
                                                        Robert                         Public                3
                                                                                                             05
                                                                                                             09
                  12
                  12
                        2009             unexpired       Walter
                                                         Futch                         Dentist               11
                                                                                                             07
                                                                                                             3
                  01

                                                        Tripp Phil p Engineer          O                     093
                                                                                                             1
                  12 01                  2010

                                                        Patricia
                                                        Nutter                         Nurse                 01
                                                                                                             09
                                                                                                             3
                  12 01                  2011


                                                         Michael
                                                         Howard                        Optometrist           3
                                                                                                             11
                                                                                                             07
                  12 01                  2011

                                         2010           Carroll
                                                        Charles                        Public                3
                                                                                                             01
                                                                                                             09
                  12 01

                        01 2011 Cooke                    Martin
                                                         J                      Commissioner 12              Ex
                                                                                                             08
                  12
           NICK
           S           O
 meo                          i
                              y
                                                             Brunswick County Board of Commissioners
                                                                  ACTION AGENDA ITEM
3y   I
                                                                                             2
                                                                                             9
         y 9TN   C11   p
                       0

                                                                                                            ACTION ITEM                             #
                                                                                                                                                    2007
     TO                                 Board of Commissioners
                                                                                                            #MEETING                                 IX-1
                                                                                                                                                     11-16-09
                                                                                                                                                     10-29-09

                                                                                                            Attorney DATE                            REQUESTED
                                                                                                                                                     ISSUE
                                                                                                                                                     ACTION
     DATE                               FROM Huey Marshall County
                                        SUBMITTED      Ext




         PUBLIC
         HEARING                                    YES                                                     NoApprove                                         Deed   of
                                        for water lines for                   RUFFIN S RIVER   LANDING PURPOSE OF
                                                                                               BACKGROUND
             Dedication


         REQUEST water sewer
         Dedicate
                                        to                    County   FISCAL IMPACT   673
             lines                                     the




         030 70

         BUDGET
         REQUIRED
         AMENDMENT
           YES NOCAPITAL
                                                                                                              PROJECT            ORDINANCE
           REQUIRED YES NOPRE-AUDIT
                                                                                                              CERTIFICATION      REQUIRED
           NOREVIEWED BY
           YES                                                                                                DIRECTOR           OF
                                                                                                              BA                     CPO
           FISCAL OPERATIONS YES NO Finance -Insert


             CONTRACTS                   AGREEMENTS    REVIEWED
                                                       BY


         ATTORNEY
         COUNTY
                                                                                                                         BOARD               RECOMMENDATION
                                                                                                                                             N
           YES NO N A                                                                            ADVISORY


         ACOUNTY ATTORNEY

             S
             RECOMMENDATION




         TO CONSIDER ATTACHMENTS
            DEDICATION

             123



         MEMORANDUM

                          FROM                      OF DEDICATION AFFIDAVIT

                          ENGINE RING               LIEN WAIVER

                          DEED
           ACTION OF THE BOARD OF COMMISSIONERS


APPROVED                       ATTEST      CLERK TO THE BOARD
DENIED
DEFERRED
UNTIL

                               SIGNATURE



OTHER




                                                  Revised -2007-December
                                                          10
                                 MEMORANDUM



TO             Huey Marshall
               County Attorney

FROM           Jeff
                  Phillips
               County Engineer

DATE           October   28   2009


SUBJECT        s
               Ruffin River    Landing




Attached are the original documents for the Deed of Dedication of the above referenced
project Please review the documents and if they meet your approval schedule them for
the next Board of Commissioners meeting for approval The total asset information is
5176 for water and 486 for sewer
00
611                        70
                           419

Also attached is a check to the County Register of Deeds for                    for all of
                                                               recording fees
these documents in the amount of     00
                                     8




ba


Attachments
J




                                                                                   DEED                 OF DEDICATION
       STATE            OF          NORTH                CAROLINA

       COUNTY               OF       BRUNSWICK

                    THIS DEED OF DEDICATION                                                             made               and              entered                into            this             the

       day       of
                            September                             2009             by            and        between THE                                   W        R      BROmN                 SR           FAMILY
      LLC           a      North                  Carolina                     limited                  liability                                                         with
                                                                                                                                             company                                      an        office               and

      place of business in Brunswick
                                     County                                                                                                 North              Carolina                      party               of      the

       first part                                hereinafter                       referred                          to     as              Developer                              and         BRVNS9
                                                                                                                                                                                               ICR

      COUNTY                    a    governmental                                entity                 created                    and
                                                                                                                                                    existing                   under                the          laws        of

      the       State                of           North Carolina                                                          of
                                                                                                   party                           the              second               part               hereinafter

      referred                      to           as   Grantee

                                                                                    W       I      T    N      E      S        S     E       T           H


                  That              whereas                                                       is
                                                                  Developer                              the           owner                 and               developer                    of       a      tract            or


    parcel                located                     in Lockwood                            Folly Township                                              Brunswick                   County                     North

    Carolina                        known                as          s
                                                                     Ruffin                      River               Landing                             Lots          1-92
                                                                                                                                                                       And
                  whereas       Developer                    has caused                                  to                        be        installed       water distribution

    lines sewer                                                            collection    lines                                 and                       related   equipment                under and
    along       the                 road          rights-of-way      hereinafter
                                                                     and
                                                                     described                                  referenced And whereas                                                                Developer
                 wishes         to                          obtain water                                             and       sewer                         services      from          Grantee           for

    Ruffin        s                              River      Lots
                                                            Landing                         1-92                and                              to                make
                                                                                                                                                                   such                  services   from      Grantee       s

    systems                     available         the
                                                  to individual                                             lot owners                                        of        said                               subdivision   And


    whereas   Grantee       has

                 adopted        through                    appropriate              resolution    stated policy regarding                                                                       subdivision

    water               distribution and                                          sewer                                    collection            systems under                                       the


    terms                            of which among                                                                   things
                                                                                                  other                        in order                                        to                                        water
                                                                                                                                                                                                obtain
    and             sewer       services               for said                         subdivision         Developer                        must             convey      title

    tothe water distribution                                                                     and    sewer         collection             systems to                                             Grantee


    through                          an                           instrument   of                      dedication              acceptable    to                                Grantee    NOW

    THEREFORE                        Developer
                                                  in

                consideration       ofGrantee                                                            accepting   said                                              water   lines                     and
    making water                     and                  sewer
                                                                           services          available               to        said                      Prepared                 by BA7Q Ey



                                MITH9 ICR                                      at
                                                                               Attornaya
                                                                               PLLC
                                                                               Law                                                  NITHOUT                  OPINION                      ON        TITLE
r




       subdivision                          has                  conveyed                     and
                                                                                                         by         these presents                                                   does        hereby            convey                                   to
      Grantee                    its         lawful                             successors               and                assigns                              the                 following described
      property

                                                                                                         ITEM                   ONE

                   All          of       the             water distribution                                                lines                       sewer                         collection lines                                          and
      related                 equipment                                located                under               along                        and           within                    the        road             street
      and         rights-of-way
                  cul-de-sac
                  shown
                                                      on
                                                      plats
                                                      the                                           thereof                being             more      particularly              described             as                    follows

      BEING                                those                                    streets   roads


                   and                 cul-de-sacs             as more particularly described plat
                                                                                    that
                                                                                    in                                                                                                   and
                   plan             entitled As Built Sanitary Plan
                                                                           and Profile for
                  Ruffin s River Landing dated 3
                                                                    2007
                                                                    October prepared
                  Norris Kuske Tunstall Consulting                                    by
                                                   Engineers Inc consisting of       seven
                  7 pages                                                                      which
                                                                                                 plan is attached hereto and
                  incorporated         herein for                        greater                   certainty of
                                                                                                      description as Exhibit
                   A The streets                                                              roads and cul-de-sacs shown on said
                   plat and plan fully described in
                                more
                                are                             those plats recorded in Map
                   Cabinet 36 at Pages 15 through 19 in the Office of
                   the Register of Deeds for Brunswick County North Carolina
                                                                             ITEM TWO Non-exclusive
                  easements over along and upon



                                                                                                         the                entire

                  area
                  of                                                    the streets
                                                                                                                           roads                    and cul-de-sacs                   depicted   on                the                              plats
    and       serving                     the                           areas     in
                                                                                  referenced One
                                                                                  Item                                                                       above       for            purposes of                entry
    into the subdivision for                                                         maintenance   repair           and                             upkeep                                       the
                                                                                                                                                                of                                      water distribution
    and       sewer                                   collection          systems                             and for                                        connecting                the       same     to

    the individual                                        lots                    developed or                                                                           be
                                                                                                                                                     to                               developed                    lying                 adjacent

    to     said        streets                                  roads            and                         cul-de-sacs   Reserving         unto    Developer its successors                                                                         and

    assigns       equal                     rights                        of        easement
                                                                                    access
                                                                                    and
                                                                                                                                       over                                 in
                                                                                                                                                                                             along                                and
    upon                           said        streets                              roads           and                        cul-de-sacs     for purposes                                 of                 installing                     and
    maintaining    water        and            sewer                     systems                   and                 such                  other may
                                                                                                                                             as
                                                                                                                                             utilities                                           be                               required

    for                           the         development                                     of            said              subdivision
                                                                                                                                                       TO                             HAVE       AND TO
HOLD                            said                   distribution
                                        water                            lines sewer                        collection        lines                                             and      related       equipment
              and          easements    above          described         together      with the privileges and
                                                                                                                                                                                                   appurtenances

thereto belonging                                      to                   Grantee                forever                              And            Developer                            does           hereby
covenant that it                                             isseized ofsaid water                                                                                                                                                   distribution

lines                      sewer

              collection     lines                                    and         related            equipment                                and            easements   described    above             in fee
simple            and has                                                                 the            right to                                                            convey        the                     same
in fee simple                                                                     that             the    same              are                         free             and            clear     of               encumbrances

and                 that                        will                  warrant
                                 it                                              and                defend                 the               title           to              the             same       against               all

persons                                  whomsoever
r



                                                                                                                                       t




            IN       WITNESS                    Grantor         has       caused        this       instrument
                                WHEREOF                                                                              to    be   duly

    executed           the   day     and            first       above         written
                                           year



                                                THE    qP       R    BROgPN     3R                          LLC
                                                                                             FAMILY


                                      By
                                                i           m   R     Brown                   Me        r   Manager


                                      By                                            c

                                                Gera            L    Brown                   er   Manager




    STATE       OF   NORTH     CAROLINA

    COUNTY       OF BRUNSWICK

            I    certify that         the    following persons                  personally appeared before
    me   this    day and acknowledged                  to            that     they voluntarily                             the
                                                            me                                                    signed
    foregoing         document       for    the purposes              stated        therein         and      in    the   capacity
    indicated          WILLLAM R           BR01PN      JR       and GERALD L BRO
                                                                             AT                             as


    Managers
    Member                     of    THE    W   R      PN
                                                       BRO            3R      FAMILY              LLC   a   North Carolina

    Limited      Liability Company                as    and         for   the   act          of   the   Company
    DATE                       d 9




           pR R0                                        Notar             s   Sig       at    re


                NOTAR           3                       Notary Printed
                                                        s                                    or    Typed Name


                U
                IC                                      My Commission                                   Q
                             c                                                          Expires
                                                                                                     T-
                                                                                                                         D
                               ACCEPTANCE OF DEED




                                                S
      This Deed of Dedication and Affidavit for RUFFIN RIVER LANDING were

accepted by the Brunswick County Board of Commissioners on the      day of
November    2009



                                     Brunswick County Board of Commissioners




                                     William M   Sue   Chairman




Deborah S   Debby Gore   CMC
Clerk to the Board
                                                                                             AFFIDAVIT


STATE           OF    NORTH                    CAROLINA


COUNTY              OF     BRUNSWICK


             This         Affidavit made                                             and entered                         into this         the                           day of

                              2009                    by       THE           i       R       BR01PN               3R          ffAMILY LLC                     North Carolina
September                                                                                                                                                a



limited               liability                         company                      with            an       office               and   place of business in

Brunswick                  County                      North Carolina                                       hereinafter referred                             to    as         Affiant

who being                      first                  duly                 sworn             hereby deposes                          and   says        under          oath             as



follows


             1        That               it           is       the           owner            of            certain           property located in Lockwood

                                                Brunswick                                                   North                              known
Folly Township                                                                       County                                Carolina                           as         s
                                                                                                                                                                         Ruffin


River Landing                                  Lots            1-92
                                                               as                    more    particularly    described ina                                                    Deed    of          Dedication


infavor                                  of                    Brunswick   County                           of even                 date   herewith    2


             That     it                 has          caused        to                 be       installed   water distribution                 lines sewer


collection      lines                                 and                  related    equipment               under                      and     along       the streets

road                  and                cul-de-sac     rights-of-way and those streets
                                                        described BEING
                                                        hereinafter referenced                                                                                                          roads


and


                  as more particularly described in
         cul-de-sacs                              plat
                                                  that and plan
         entitled As Built Sanitary Plan and Profile for Ruffin
         a River Landing dated 3 October 2007 by Norris  prepared
         Rusks 6 Tunatall Consulting Engineers Inc consisting of seven 7
         pages which plan is attached hereto and incorporated
         herein for greater certainty of description as Exhibit A
         The streets roads and cul-ds-sacs shown on               said plat

                      more
                      fully
         and plan are described in thoa plats recorded in Map Cabinet
         36 at Pages 15 through 19 in the Office of the
         Register of Deeds for Brunswick County North Carolina 3 All the work
         which has been performed in


             the      construction   and          installation             of          said         water distribution lines                   sewer     collection                            lines


and                                  related    equipment          described         inparagraph                                          2            above                           has


been    fully paid                                                         for                       and there are                         now           no           liens            of

any          kind     including      any                   lien            for       labor   or               material   against    the    subdivision             property          which     would


in              any   Prepared                         by                        BA7Q        EY3MITHOPICR                      PLLC Attorneys at Law                                         PITHOUT


                         OPINION ON                                        TITLE
ircouN
                jeopardize          title         of    Affiant        to    the
         way                                                                          property in said                     subdivision

         nor    are       there any legal actions                      pending against Affiant                             or   any

         contractor                                    of
                             arising            out          any work performed in said                            subdivision                  or



         the    water       lines       sewer          lines      or   related                               installed             therein
                                                                                      equipment
         which       would    in any                                        title to
                                                way    jeopardize                          the     subdivision                  or        the

         water       distribution               lines                  collection          lines
                                                             sewer                                          or    related          equipment

         located          therein


                 IN       WITNESS      WHEREOF              Grantor     has caused           this           instrument             to      be   duly
         executed           the day      and          year first        above         written




                                                          THE               BROWN SR              FAMILY

                                                 By
                                                            i           R     i
                                                                              d
                                                                              Bronn
                                                                              mb


                                                 By
                                                                                          rsauinar




         STATE       OF   NORTH     CAROLINA

         COUNTY       OF    BRUNSWICK

                 I    certify that the                 following         persons          personally appeared before
         me    this    day and acknowledged                       to        that
                                                                       me             they voluntarily                      signed         the

         foregoing         document             for   the    purposes         stated       therein            and      in    the          capacity
         indicated          WILLIAM R                             JR    and    GERALD
                                                      BROWN                                 L      BROWN              as


         mbor
         M of
         rs
         Manaq                               THE      W     R     BROWN       SR      FAMILY           LLC        a   North           Carolina
         Limited      Liability Company                      as   and    for     the      act     of        the   Company
         DATE     aa
                  q
                  09




                                                                   #           Nota   s     Si
                 P
                 A            RDy
                               ature
                                                                  Notary
                                                                  NOTAR               s           Printed   or             Typed
                          9              Name                                                19
                                                                  s
                                                                  2UA My Commission                                             Expires
                L         6         pU6LIC
                d                 ry
                 v
Q
    sWY
    Jtv               t

                                                       County Board of Commissioners
                                               Brunswick

h                                                   ACTION AGENDA ITEM                                                          2007
                                                                                                                                #
yOATx      ca     p
                  o
                                                                 2009




TO                        Board ofCommissioners                                ACTION ITEM                              7
                                                                                                                        1
                                                                               #MEETING                                  IX-2
                                                                                                                         10-29-09
                                                                                                                         11-16-09

DATE                      FROM Huey Marshall County                            Attorney DATE                             ISSUE
                                                                                                                         ACTION
                                                                                                                         REQUESTED

                          SUBMITTED      Ext




PUBLIC YES
HEARING                                                                        NO Approve                                     Deed   of
     Dedication           for water lines for UNIVERSAL HEALTH CARE BACKGROUND PURPOSE OF




Dedicate
REQUEST water                                        lines
     tothe County FISCAL IMPACT                     65


510 00

AMENDMENT
BUDGET
REQUIRED


    YES NOCAPITAL                                                               PROJECT          ORDINANCE
    REQUIRED YES NO                                  PRE-AUDIT                  CERTIFICATION    REQUIRED
    YES REVIEWED
    NO                                              BY                          DIRECTOR         OF
    FISCAL OPERATIONS YES NO Finance -Insert                                    BA                   CPO


     CONTRACTS            AGREEMENTS     REVIEWED
                                         BY


ATTORNEY
COUNTY
    YES NO N A                                                      ADVISORY             BOARD               N
                                                                                                             RECOMMENDATION




ACOUNTY ATTORNEY

     S
     RECOMMENDATION




TOCONSIDER ATTACHMENTS
  DEDICATION

     1 MEMORANDUM FROM



ENGINEERING

                 2                    DEED OF DEDICATION

                3                     AFFIDAVIT LIEN WAIVER
                                                                        g

           ACTION OT TILE BOARD OT COMMISSIONERS


APPROVED                        ATTEST      CLERK TO THE BOARD
DENIED
DETERRED

UNTIL
                               SIGNATURE



OTHER




                                                   Revised   10
                                                             -2007-December
                                      MEMORANDUM


TO               Huey    Marshall
                 County Attorney

FROM             Jeff
                    Phillips
                 County Engineer

DATE             October     27    2009


SUBJECT          Universal Health Care




Attached   are   the       documents for the Deed and Dedication of the above
                        original
referenced   project Please review the documents and if they meet your approval
schedule them for the next Board of Commissioners meeting for
                                                              approval The asset
information is 65 510
                   00for the waterlines


Also attached are two checks to the County Register of Deeds for               fees for all
                                                                   recording
of these documents in the total amount of 7
                                          00


ba


Attachments
r




                                                                                                                              oXi




    Prepared by   and return to Charles R
                                                 Young Sr         P Box
                                                                  O           7 Hickory    NC 28603

    STATE OF NORTH CAROLINA

                                                                         DEED OF         DEDICATION
    COUNTY OF BRUNSWICK

              THIS DEED OF
                                DEDICATION             made and entered into this the
                                                                                  6 day of Q
                                                                                  ti
    20 by and         between UNIVERSAL
    limited
                                                  BRUNSWICK
                                                  PROPERTIES LLC                                       a   North Carolina
           liability company with an office and place of business in Brunswick
    Carolina party of the first part hereinafter referred to as                 County North
                                                                Developer and BRUNSWICK
    COUNTY a governmental entity created and existing under the laws of the State of North
    Carolina party    of the second party hereinafter referred to        as   Grantee

                                                  WITNESSESTH

      That WHEREAS Developer is the                             and
                                                        owner       developer of a tract or parcel located in
Lockwood Folly Township Brunswick
                                             County          North  Carolina as shown in Deed Book 2898
Page     618 of the Brunswick      County Registry and       in   Map Cabinet 34 Page 429 Brunswick
County Registry

       And WHEREAS
                                Developer has caused to be installed           a   water line   as   hereinafter
described and referenced        by the attachment hereto

      And WHEREAS Developer wishes to obtain water from
                                                             Grantee for the property and to
make water from Grantee system available to
                s                           individual users

          And WHEREAS Grantee has
                                  adopted                 tlu appropriate resolution
                                                          ough                                       stated policy
regarding     water   distribution systems under the      terms of which
                                                                         among other            things      in order to
obtain water for said nursing home
                                   Developer must convey title to the                   water   distribution system
to Grantee
           through  an instrument of
                                     dedication acceptable to Grantee

         NOW THEREFORE Developer                       in consideration of Grantee
and                                                                                accepting said water lines
      making   water   available   to said   nursing   home has conveyed by these presents and does

                                                                                                                     1
                                                                                                                     165465
f




                                                                                                                                       iM


    hereby       convey to       Grantee its lawful    successors     and    assigns   the   following      described property


                 See Plat attached hereto and            incorporated        herein    by    reference


                 TO HAVE AND TO HOLD said water lines and                         equipment        above described       together
    with the       privileges     and appurtenances thereto         belonging   to Grantee forever


                 Non-exclusive over the unimproved
                 easements                    property of the Developer forpurposes ofentry
    into the property for maintenance repair and upkeep of the water distribution system and assigns
    equal rights of easement and easement over the Developer sfor purposes ofinstal ing
                                                             property
    and maintaining such utilities as may be required for the development of said nursing home
    including but not limited to electric gas telephone cable and sewer And


                 Developer   does hereby covenant that it              is seized ofsaid water line and equipment     described
    above in fee simple          and has the right to convey           the same                fee simple          the same
                                                                                       in
                                                                                                            that              are

    free   and clear ofencumbrances except            construction financing and that it                     will warrant and defend
    the title to the same           against
                                              all   persons whomsoever IN


                 WITNESS WHEREOF     theGrantor                 hascaused this instrument tobe duly                executed the
    day    and   year first above written UNIVERSAL




                                                       PROPERTIESBRUNSWICK   LLC By



                                                       Donald
                                                                   ver             Authorized Manager        Notary
                                                                                                             Member




                                         Acknowledgment on following page 165465




                                                                                                                               1
                                                                                                                         a




     Prepared by   and return to Charles R
                                                     Young Sr        O
                                                                     P Box     7 Hickory     NC 28603

  STATE OF NORTH CAROLINA

                                                                                            AFFIDAVIT
 COUNTY OF BRUNSWICK


             UNIVERSAL       PROPERTIESBRUNSWICK LLC                             a   North Carolina limited
                                                                                                   liability
 company with an office and place of business in Brunswick
                                                                       County North Carolina hereinafter
 referred to as Affiant being first
                                                duly sworn hereby deposes and says under oath as follows

             1      That it is the       of certain property located in Lochwood
                                     owner
                                                                                           Folly Township
 Brunswick               North
                County           Carolina know as Map Cabinet                34 Page 429 containing Lot Number
 1   as   more
               particularly described      in   a   Deed of Dedication in favor of Brunswick
 date herewith                                                                                     County of even

            2       That is has caused to be installed           a   water line under and
                                                                                      along the Developer
                                                                                                s
property to provide water       to   a
                                         nursing     home   on
                                                                 Developer property hereinafter described and
                                                                 s
referenced


                             Man Cabinet 34             Page 429 Brunswick County

            3    All the work which has been
                                                performed in the construction and installation ofsaid
water     distribution line described in
                                     Paragraph 2 above has been fully paid for and there are now
 no
    liens except construction financing ofany kind including any lien for labor or material
 against the Developer property which would in any way jeopardize title of Affiant to the
             s
property in said subdivision nor are there any legal actions
                                                              pending against Affiant or any
contractor
            arising out of any work performed in said project or the water line installed therein
which would in any
                      way jeopardize title to the subdivision or the water distribution lines located
therein




                                                                                                              165466 1
          IN WITNESS WHEREOF the Affiant has caused this instrument                     to   be   duly   executed

by   its authorized   officer thisll day
                      s h                        of October 2009




                                           UNIVERSAL               PROPERTIESBRUNSWICK LLC




                                                           -       ona C        Beav    uthorized         Manager




ember STATE OF NORTH
CAROLINA COUNTY OF


                                                                          by Donald C
CATAWBA   Signed   and   sworn   to oraffirmed   before   me   this day

Beaver      Date      D


                                                            D
                                                          s       Notary
                                                          Public Printed         ti
                                                                                 rr-Q n
                                                                            Name eb K l
                                                          My   Commission    Expires
                                                                                                   EXPIRES 6J1618013


Official Seal
                     sasive

         ebra Marsh Kindley
         C
            Notary Public
          Alexander County
           North Carolina




                                                                                                                165466 1
STATE OF NORTH CAROLINA
COUNTY OF CATAWBA


       I            bra          ev
                           larsh hC                           a   Notary   Public of the   County   and State

                                    that Donald    Beaver                          before me thisday and I
aforesaid     do   hereby certify                             personally    came


have   personal knowledge       of the
                                 identity         of Donald C Beaver and he           acknowledged that he is
the Member
    Manager            of Universal Properties LLC a North Carolina limited
                                     Brunswick
liability company and that he as Manager being authorized to do so executed the
                                  Member
foregoing on behalf of the limited liability company

         Witness my hand and official seal this the                  day   ofber                     20




        Debra Marsh       Kindley                    Notary   Public
            Notary Public                                                                                   e
                                                                                                            ry
         Alexander County
                                                     printed Name                  a    h
                                                                                       br               n

           North Carolina                            My   Commission        Expires




                                         ACCEPTANCE OF DEED


                       accompanying Affidavit for Universal
         This Deed of Dedication and

Properties LLC was accepted by the Brunswick County Board of Commissioners
Brunswick                                                                                                       on


the          day   of October   20

                                                     Bn County Board ofCommissioners
                                                     nswick



                                                     By
                                                              WILLIAM M         SUE




Deborah S      Debby Gore        CMC
Clerk   to   the Board




                                                                                                            1
                                                                                                            165465
 Q
     Jp
     11CK
     g                     r

                                                           Brunswick  County Board of Commissioners
                                                                   ACTION AGENDA ITEM
 I


     9TH
     y                     0                                                   9
                                                                               2                                                               #


 TO                             Board of Commissioners
                                                                                        ACTION ITEM                            12
                                                                                                                               2007
                                                                                        #MEETING                                   11-16-09
                                                                                                                                   IX-3
                                                                                                                                   10-29-09
 DATE                           FROM Huey Marshall County                               Attorney           DATE                    ACTION
                                                                                                                                   ISSUE
                                                                                                                                   REQUESTED
                                SUBMITTED       Ext




 HEARING
 PUBLIC YES                                                                             No Approve                                    Deed     of
         Dedication            for water lines for WINDSOR PARK SECTIONS 3-10
                                                                              AND 13BACKGROUND OF REQUEST
                                                                                    PURPOSE



water
Dedicate lines to

        the                    County       FISCAL   IMPACT 411   000


00BUDGET
REQUIRED
AMENDMENT
YES


     NO CAPITAL
                                                      PROJECT                             ORDINANCE             REQUIRED
     YES NO PRE-AUDIT CERTIFICATION                                                      REQUIRED               YES
     REVIEWED
     NO BY    DIRECTOR                                                                   OF                     FISCAL
 OPERATIONS YES NO Finance -Insert BA                                                    CPO                       CONTRACTS

      AGREEMENTS               REVIEWED      BY
                                             COUNTY


YES
ATTORNEY
 NO                            N      A ADVISORY                                BOARD          RECOMMENDATION                  A
                                                                                                                               N



COUNTY ATTORNEY                                S
     TO
     RECOMMENDATION




CONSIDER DEDICATION 1
         ATTACHMENTS

     MEMORANDUM FROM ENGINEERING




2

                DEED                 OF DEDICATION 3

               AFFIDAVIT             LIEN WAIVER
           ACTION OF TIIF BOARD OF
                                   COMMISSIONERS

APPROVED                        ATTEST      CLERK   TO THE BOARD
DENIED
DEFERRED
UNTIL

                               SIGNATURE



OTHER




                                                   Revised -2007-December
                                                           10
                                         MEMORANDUM


   TO          Huey Marshall
               County Attorney

  FROM         Jeff   Phillips
               County Engineer

  DATE         October     26     2009


  SUBJECT      Windsor Park Sections 3-10 13 Attached
                                     and




 are the original        for the Deed and Dedication of the above referenced
                      documents
 project Please  review the documents and if they meet your
                                                                 approval schedule
 them for the next Board of Commis ioners meeting
                                                  for approval The asset information
 is 000 the waterlines Also
           for
       411 00


attached are two checks to the County Register of Deeds for recording
                                                                        fees for   all of
these documents in the total amount of  50 00
                                            ba

Attachments
                                          DEED OF DEDICATION




Prepared by        Southwood   Developers Inc
                   5022   Wrightsville Avenue Wilmington            NC 28403




STATE OF NORTH CAROLINA




COUNTY OF BRUNSWICK




         THIS DEED OF         DEDICATION          MADE this the
                                                                                  day of

2009 by and between SOUTHWOOD
                                               DEVELOPERS             INC    a   North Carolina    Corporation
with               offices located in Wilmington North
       principle                                       Cazolina hereinafter referred to              as   Grantor
and BRUNSWICK             COUNTY      a   North Cazolina
                                                           Municipal Corporation hereinafter referred            to


as   Grantee


                                               WITNESSETH

         THAT the Grantor is the owner and
                                                   developer of      Windsor Park     subdivision    in the Town

of   Leland   in Brunswick
                             County    North   Cazolina    as   related to the
                                                                                 following   recorded sections in

the Brunswick      County Registry

        Windsor Pines at Windsor Park Section 7
                                                             recorded in Map Book 37 Page 54
        Windsor Pines at Windsor Park Section 8
                                                             recorded in Map Book 37 Page 55
        Windsor Pines at Windsor Park Section 9 recorded in
        Windsor Pines at Windsor Park Section 10
                                                                            Map Book 45 Page 37
                                                              recorded in Map Book 53
        Bristol Ridge at Windsor Park Section 5 recorded in                                Page 15
                                                                          Map Book 37 Pages 52-53   Bristol
        Ridge at Windsor Park Section
                                             6 in Book 46 Page
                                                   recorded         Map
        Ridge at Windsor Park Section 7recorded                                       14 Bristol
                                                                    Map
                                                            in Book 48 Page
        Ridge at Windsor Park Section 7A recorded                                     90 Bristol
                                                                        Map
                                                             in Book 50Page 96 Bristol
        Ridge at Wlndsor Park Section 8recorded in
                                                                    Map Book 51 Page 8 Bristol
        Ridge at Windsor Park Section 9recorded
                                                                    Map
                                                            in Book 51Page
                                                                                      9 Bristol
        Ridge at Windsor Park Section 10recorded in                   Map Book 57 Pages 61-62 BristolRidge
        at      Windsor Park Section 13 recorded in Map Book 60 Pages 44-45
                                                                                        Bridgeport atWindsor
        Park Section 3             recorded in Map Book 36
                                                   Page     Bridgeport at    434            Windsor
        Park Section      4recorded in Map Book 36
                                                   Page 378 Bridgeport at Windsor
        Park Section      5recorded inMap Book 50
                                                   Page 95
              THAT Grantor has caused to be installed waterlines
                                                                                                         Windsor
                                                                                          serving                       Pazk      which

   waterlines              are   located within the
                                                          right-of--ways or streets
                                                          easements
                                                          public                                    in   the subdivision and   the
   Grantor wishes to connect its waterlines to the Grantee s
                                                             water system and thereby make
                                                             distribution

   water service             available    to the individual lots and units in Windsor Park and
                                                                                                                            the             Grantee has

   adopted through          appropriate resolution stated policies regazding the use of                                        the          Grantee s

   distribution
   water system and
                    under the terms of this policy among                                       other         things inorder to

   obtain water service forthe above referenced subdivision the
                                                                owner thereof must pass title to

   the waterlines to the Grantee through an
                                           instrument                     of   dedication acceptable tothe                        Grantee    NOW

   THEREFORE


              inconsideration of theGrantee s
                                              the
                                              accepting waterlines described herein

  below and making water                                                to Windsor Pazk in
                                                    service available                     Brunswick County North


  Carolina     the               Grantor         does hereby convey     to the Grantee   its   successors     and assigns the


  following    described                       Allwaterlines
                           property

              located inright-of--ways and
                                                           public the following
                                                           in
                                                           easements                     sections Windsor Pines          at
              Windsor


           Park Section 7 recorded inMap Book 37Page
                                                                  54 Windsor Pines at Windsor
           Park Section 8 recorded inMap Book 37Page
                                                                  55 Windsor Pines at Windsor
           Park Section 9 recorded inMap Book 45Page
                                                                  37 Windsor Pines at Windsor
           Park Section 10 recorded inMap Book 53
                                                               Page 15 Bristol Ridge at Windsor
           Park Section 5 recorded inMap Book 37Pages
                                                               52-53 Bristol Ridge at WindsorPark
           Section 6 recorded in   Map Book 46 Page 14
                                                               Bristol Ridge at Windsor Park
           Section 7 recorded in   Map Book 48 Page 90
                                                             Bristol Ridge at Windsor Park
           Section 7A recorded in  Map Book 50 Page 96
                                                                  Bristol Ridge at Windsor Park
           Section 8 recorded in   Map Book 51 Page 8
                                                             Bristol Ridge at Windsor Park
           Section 9 recorded in   Map Book 51 Page 9
                                                             Bristol Ridge at Windsor Park
           Section 10 recorded in  Map Book 57 Pages 61-62
                                                                 Bristol Ridge at Windsor ParkSection
           13recorded in Map Book 60 Pages
                                               44-45 Bridgeport at Windsor Park Section 3     recorded
           in Map Book36 Page 434 Bridgeport at Windsor Park Section 4recorded
           in Map Book 36 Page 378 Bridgeport at                    Park Section          Windsor
                                                                                     recorded                            5
           in                          Map Book 50 Page 95 Reserving unto
                                                                                          Grantor   its       successors and assigns


           equal rights ofeasements and access over in along and upon said
           streets roads and cul-de-sacs for
                                             purposes of installing and maintaining a and such
                                                                                    water system
                                                                                    distribution
           other                   utilities   as may be required for the development                             of said                          subdivision
           TO HAVE               AND TO         HOLD
                                                     the items above referenced


           and described together with all of the privileges and
                                                                 appurtenances                           belonging tothe                                         Grantee

forever
NamevZi
                     The Grantor does              hereby   covenant     that it is seized of the items described in fee      simple

           that it has the              to convey the
                                right                       same   in fee   simple        that the items are free of all encumbrances


           and the Grantor will warrant and defend the title to the same                                   all person whomsoever
                                                                                                 against

                     IN TESTIMONY                                    the Grantor has caused this instrument to be
                                                    WHEREOF                                                                  signed          in


           its corporate                     its                   the
                            name        by         President on          day   and yeaz first above written




                                                                SOUTHWOO                    D        O           INC




                                                                By

                                                                            -




           wSTATE OF NORTH


           CAROLINA COUNTY OF NEW




           HANOVER IDevon E Gedney aNotary Public of the County and State
                                                                                       aforesaid certify that
           W            CHRISTOPHER STEPHENS personally came before me this day and first being duly

           sworn says that he is the President of SOUTHWOOD DEVELOPERS INC and as such he has
           the authority to act in and for said corporation I  have personal knowledge of the identity of
           W                     CHRISTOPHER STEPHENS and that signed
                                                              he        foregoing or annexed the                                instrument
           onbehalf of                              SOUTHWOOD DEVELOPERS INC               in his capacity as President of
           said corporation and                         acknowledged the said instrument to be the act and deed of      said
           corporation herein
                     stated WTTNESS myhand and official                        stamp   or seal this 8 day ofOctober




                                                                            2009 Notary

           Public My Commission                                              cv
                                                                            T -

                                                                            Devon         E Gednev   Notary   Printed
                   27
           Expires November




                2010 E
                p
          EDN                                          or


                                    -
                r
                                                                                  Typed
                                                                                                                      s




STATE OF NORTH CAROLINA


COUNTY OF BRUNSWICK                                                                   AFFIDAVIT




           Southwood Developers Inc             a   North Carolina   corporation   with   an   office and    place   of

business in New Hanover               County    North   Carolina   hereinafter referred to      as   Affiant being
ftrst   duly   sworn   hereby deposes     and says under oath      as   follows




           1 That it is the     owner   of certain property located in Northwest          Township      Brunswick

County     North Carolina known            as   Windsor Park   Subdivision containing           240 lots     as   more



particularly     described in     a   Deed of Dedication in favor of Brunswick            County      of   even   date

herewith

          2 That it has caused to be installed water distribution lines under and                    along   the road

right-of property hereinafter
ways                            described and referenced Windsor

                                         recorded
          Pines at Windsor Park Section 7 inMap                             Book 37 Page 54 Windsor
                                          recorded
          Pines at Windsor Park Section 8 inMap                             Book 37 Page 55 Windsor
          Pines at Windsor Park Section 9 recorded inMap                    Book 45 Page 37 Windsor
          Pines at Windsor Park                 Section 10 recorded inMap Book 53 Page 15 Bristol
          Ridge at Windsor Park Section 5 inMap Book 37 Pages 52-53 Bristol
                                                                recorded                           Ridge

          atWindsor Park Section 6 recorded in Map Book 46 Page 14 Bristol Ridge

          at Windsor Park Section 7                   recorded in Map Book 48 Page 90 Bristol Ridge
          at                   Park Section 7A recorded in Map Book 50 Page 96 Bristol Ridge
                  Windsor
          at      Windsor Park Section 8              recorded in Map Book 51 Page 8 Bristol Ridge
          at                        Section 9         recorded in Map Book 51 Page 9 Bristol Ridge
                  Windsor Park
                  Windsor Park Section 10 recorded in Map Book 57 Pages 61-62 Bristol Ridge
          at                                                                                        at

          Windsor Park Section 13recorded in Map Book 60 Pages 4445 Bridgeport at Windsor
          Park Section 3                  recorded in Map Book 36 Page 434 Bridgeport at Windsor

          Park         Sectioa 4recorded in Map Book 36 Page 378 Bridgeport at Windsor
                                          recorded in Map Book 50 Page 95
          Park Section 5
NotaryPublic
                                                                                                                                                     13


                                                                                       in the construction and installation of said
                           3 All the work which has been                performed
                                                                                                  has been       fully paid        for and there   are
               water      distribution lines described in            paragraph 2 above
                                                                                                            material   against      the subdivision
               now    no    liens of any kind       including          any lien for labor              or



                                                                                       title of Affiant to the                                in   said
                              which would in any way                   jeopardize                                                  property
               property
                                  nor are   there any        legal   actions   pending against              Affiant   or   any contractor     arising
               subdivision
                                                         in said subdivision           or   the water lines installed therein which
               out of any work         performed
                                                                                                       the water distribution lines           located
                                                             title to the subdivision       or
               would in any way         jeopardize
               therein




                                                               caused this instrument                                         to   be duly executed
                            IN WITNESS WHEREOF the Affiant has
                                                                                  2009
               by   its   authorized officer this        9   day of October




               STATE OF NORTH CAROLINA


               COUNTY OF BRUNSWICK

                            and   sworn to   or affirmed         before    me   this   day by W Christopher Stephens
               Signed

               Date October          9 2009


                                        o

                                                                                  2010 Signature            of         Nota
                    Z
                                PUBLIC          Expi r
                                                                                   blic Devon E
                           y
                      -f    i
                       iO DER
                                                                                  Gedney     Printed
                                                                                                       or Typed            Name of



               coy MyCommission                   ciNovember 27
                                                                                                   1




                                          ACCEPTANCE OF DEED




             This Deed of Dedication and Affidavit for WINDSOR PARK SECTIONS 3-10 13
                                                                             AND
were              by the       Brunswick County   Board   of Commis ioners onthe day                    November
       accepted
                                                                                                   of
2009               Brunswick




                                                     County      Board       ofCommis ioners William




                                                     MSue        Chairman   Deborah




S Debby            Gore CMC Clerk
to the Board
      c




                                          Brunswick       County    Board of Commissioners
                                                                                                                                 #
                                                                                                                                 2007
                                               ACTION AGENDA ITEM
                                                                     2009




TO               Board of Commissioners                                             ACTION ITEM                   1
                                                                                                                  4
                                                                                    #MEETING                      IX-4 11
                                                                                                                       16
DATE             FROM Huey Marshall County                                          Attorney DATE                      10
                                                                                                                  2009 11
                 SUBMITTED          Ext




I5SUE
2009ACTION                                                                          REQUESTED PUBLIC             HEARING           YES

  No To                  conduct
                                   a public               on   term limits   for     advisory              delegated boards that conduct
                                                hearing
                                                                                                and
  County
  the            s




BACKGROUND
business PURPOSE                                OF
  REQUEST The Commissioners have
                                    discussed processes that will bring more community members into
  the deliberation and advisory functions that assist
                                                      the County in the conduct of its business Term
  limits   on these boards           will require   new faces in the



process FISCAL
 IMPACT BUDGET AMENDMENT                                                           REQUIRED          YES
 NO CAPITAL PROJECT                             ORDINANCE                          REQUIRED          YES
 PRE-AUDIT
 NO CERTIFICATION                           REQUIRED                               YES               NO
 REVIEWED BY DIRECTOR OF FISCAL OPERATIONS                                         YES               NO
  Finance       -Insert BA
                        CPO


AGREEMENTS
CONTRACTS
 REVIEWED BY COUNTY ATTORNEY                                                 YES                NO           A
                                                                                                             N



ADVISORY BOARD RECOMMENDATION

  N
  A



       S
COUNTY ATTORNEY RECOMMENDATION

  To consider the attached resolution for                  publication


ATTACHMENTS

           1              Resolution

           2

           3
                                                                           J



           ACTION OF THE BOARD OF COMMISSIONERS


APPROVED                       ATTEST      CLERK TO THE BOARD

DENIED
DEFERRED
UNTIL
                               SIGNATURE




OTHER




                                                          10
                                                  Revised -2007-December
                                                                                                           13




         Whereas Brunswick   County by the most recent official figures available now
has some 100 citizens living in the County and the County is responsible for a
           000
functional central government to provide for ajudicial system a County jail a responsive
law enforcement unit veterans assistance social services health services planning
deed registration zoning and to provide funding for all ofthe above and a school system
and

         Whereas     the    County Commissioners who are responsible                for the    functionality of
the above must       rely   on   the assistance of the       Community       for advice       and input data

collection     and feedback from the     Community      at   large   and

        Whereas       the    County  has many well qualified citizens that could assist the

County    in   providing    services and community connections to insure that the County
function at its  optimal level     and

         Whereas     one    ofthe methods    whereby    the   County       can   insure that these functions

may be spread about in the Community is to limit the terms of                      advisory    and   delegated
board members affording openings to new community members
         Now     therefore               County Commissioners are hereby resolved to
                              the Brunswick
limit the number of terms for all board appointments made by the County Commissioners
to two full terms unless otherwise superseded by North Carolina state law


         This the   16 day    ofNovember 2009


                                                    William M        Sue Chair
                                                    Brunswick        County Commissioners
Attest




Deborah S      Debby Gore        Clerk to the   Board   CMC

				
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