COUNTY OF DARE PO Box 1000, Manteo, NC 27954 DARE COUNTY BOARD OF COMMISSIONERS Dare County Administration Building 954 Marshall C. Collins Dr., Manteo, NC Monday, October 03, 2016 “HOW WILL THESE DECISIONS IMPACT OUR CHILDREN AND FAMILIES?” AGENDA 9:00 AM CONVENE, PRAYER, PLEDGE OF ALLEGIANCE ITEM 1 Presentation of County Service Pins ITEM 2 Employee of the Month - October 2016 ITEM 3 Opening Remarks - Chairman's Update ITEM 4 Public Comments ITEM 5 Hatteras Island Angel Gift Program ITEM 6 Fire Prevention Week Proclamation of October 9th-15th, 2016 ITEM 7 Tourism Board Request Consent for Spending from Long Term Restricted Fund ITEM 8 Request to Close a Portion of the Unimproved Extension of Amadas Street ITEM 9 Water Fund Recommended Capital Improvement Plan - Fiscal Years 2017 through 2023 ITEM 10 Request For Traffic Control Assistance ITEM 11 Consent Agenda 1. Approval of Minutes (09.21.16 & 09.26.16) 2. Budget Actions Report for Approved FY 2017 Capital Improvements Plan 3. FY 2017 Lease for Computer Equipment - Sheriff's Office Laptops 4. Internet Service Contract for New EOC-911 Center ITEM 12 Upcoming Board Appointments for November, December, and January ITEM 13 Commissioners’ Business & Manager’s/Attorney’s Business ADJOURN UNTIL 5:00 P.M. ON OCTOBER 17, 2016 3 4 5 6 Opening Remarks - Chairman's Update Description Dare County Chairman Robert Woodard will make opening remarks. Board Action Requested Informational Presentation Item Presenter Chairman Robert Woodard 7 Public Comments Description The Dare County Board of Commissioners will provide time on the agenda for Public Comments. Board Action Requested Hear Public Comments Item Presenter Robert Outten, County Manager 8 Hatteras Island Angel Gift Program Description The Angel Gift program on Hatteras Island is carrying on the spirit of Christmas by helping Hatteras Island children and their families have a memorable Christmas. Information about the Angel Gift program will be presented to the Dare County Board of Commissioners. Board Action Requested None - Informational Presentation Item Presenter Linda O’Neal, Angel Gift Coordinator 9 Fire Prevention Week Proclamation of October 9th-15th, 2016 Description The Fire Prevention Week campaign occurs every year. This is a Proclamation, calling upon the citizens of Dare County to participate in fire prevention activities at home, work and school, and to heed the National Fire Protection Association's message for this campaign: “Don’t Wait-Check the Date! Replace Smoke Alarms Every 10 Years”, and to support the many public safety activities and efforts of Dare County's Fire and Emergency Services Departments. Board Action Requested Request that the Board adopt this Fire Prevention Week Proclamation Item Presenter Steven R. Kovacs, Dare County Fire Marshal 10 PROCLAMATION WHEREAS, Dare County, North Carolina is committed to ensuring the safety and security of all those living in and visiting our county; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk from fire; and WHEREAS, U.S. fire departments responded to 369,500 home fires in 2014, according to the National Fire Protection Association (NFPA); and WHEREAS, U.S. home fires resulted in 2,745 civilian deaths in 2014, representing the majority (84 percent) of all U.S. fire deaths; WHEREAS, in one-fifth of all homes with smoke alarms, the smoke alarms are not working; and WHEREAS, three out of five home fire deaths result from fires in properties without smoke alarms (38 percent) or with no working smoke alarms (21 percent); and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, many Americans don’t know how old the smoke alarms in their homes are, or how often they need to be replaced; and WHEREAS, all smoke alarms should be replaced at least once every ten years; and WHEREAS, the age of a smoke alarm can be determined by the date of its manufacture, which is marked on the back of the smoke alarm; WHEREAS, Dare County’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Dare County residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2016 Fire Prevention Week theme, “Don’t Wait – Check the Date! Replace Smoke Alarms Every 10 Years” effectively serves to educate the public about the vital importance of replacing the smoke alarms in their homes at least every ten years, and to determine the age of their smoke alarms by checking the date of manufacture on the back of the alarms. THEREFORE, I, Robert Woodard, Chairman of the Dare County Board of Commissioners, do hereby proclaim October 9-15, 2016, as Fire Prevention Week throughout the county. I urge all the people of Dare County to find out how old the smoke alarms in their homes are, to replace them if they’re more than 10 years old, and to participate in the many public safety activities and efforts of Dare County’s Fire and Emergency Services during Fire Prevention Week 2016. ____________________________________________________ Robert Woodard, Chairman Dare County Board of Commissioners 11 Tourism Board Request Consent for Spending from Long Term Restricted Fund Description Natural, Historic, Cultural Grant (from Line Item 4520) in the amount of $40,000.00 to the Elizabethan Gardens for Great Gate Restoration/Rebuild project. Board Action Requested Consent for Spending from Long Term Restricted Fund Item Presenter Lee Nettles, Executive Director, Outer Banks Visitors Bureau Susie Walters, Chair, Dare Co. Tourism Board 13 Request to Close a Portion of the Unimproved Extension of Amadas Street Description A request has been made for the Dare County Board of Commissioners to permanently close a portion of the unimproved extension of the road known as Amadas Street, formerly known as Virginia Avenue, between N. George Howe Street and Francis Drake Street on Roanoke Island. Attached is a Resolution declaring intent to close the road along with a map showing the unimproved extension of Amadas Street. Board Action Requested Adopt Resolution declaring intent to close the road & set a Public Hearing for 5:30 p.m. November 21, 2016 Item Presenter Robert Outten, County Manager 14 RESOLUTION A RESOLUTION BY THE DARE COUNTY BOARD OF COMMISSIONERS DECLARING ITS INTENT TO PERMANENTLY CLOSE A PORTION OFTHE UNIMPROVED EXTENSION OF THE DARE COUNTY PUBLIC ROAD KNOWN AS AMADAS STREET, FORMERLY KNOWN AS VIRGINIA AVENUE. WHEREAS, the unimproved extension of Amadas Street is located in Dare County, and WHEREAS, the unimproved extension of Amadas Street is a public road, and WHEREAS, the unimproved extension of Amadas Street was formerly known as Virginia Avenue, and WHEREAS, the unimproved extension of Amadas Street is depicted as Virginia Avenue on the plat of Roanoke Park in Map Book 1, Page 199 in the Dare County Public Registry, and WHEREAS, the Dare County Board of Commissioners declares its intent to permanently close a portion of the unimproved extension of the Dare County public road known as Amadas Street, formerly known as Virginia Avenue, between N. George Howe St. and Francis Drake St. on Roanoke Island, North Carolina.. NOW, THEREFORE, BE IT RESOLVED the Dare County Board of Commissioners declares its intent to permanently close the unimproved extension of the Dare County public road known as Amadas Street, formerly known as Virginia Avenue, between N. George Howe St. and Francis Drake St. on Roanoke Island, North Carolina and in accordance with North Carolina General Statute § 153A-241 a public hearing on the question shall be held at 5:30 p.m. on the 21st day of November 2016. ADOPTED the 3rd day of October, 2016 by the Dare County Board of Commissioners. _____________________________________ Robert Woodard, Chairman Attest: ____________________________________ Gary Gross, Clerk to the Board 15 16 Water Fund Recommended Capital Improvement Plan for Fiscal Years 2017 through 2023 Description Please see the attached Item Summary. Board Action Requested Approved the Water CIP and authorize the County Manager to execute the necessary budget actions for FY 2017. Item Presenter David Clawson, Finance Director, Ken Flatt Utilities Director 17 Item Summary: Recommended Water Fund Capital Improvements Plan for Fiscal Years 2017 through 2023 The recommended Water System capital improvements plan (CIP) for fiscal years 2017 through 2023 follows this summary. It was developed by the County Manager, the Water Director and the Finance Director. The top portion of the CIP shows the funding sources by year, either from the Water Fund annual budget, from the North RO Membrane Reserve, or from the Water Fund Extension & Replacement (E&R) Fund (a portion of fund balance). The center section shows each proposed project, in what year it is scheduled, and the funding source (by color). The bottom section shows the projected E&R fund balances, the projected total fund balances, and the projected revenue bond coverage ratios, all taken from the 2016 update of the Water Rate Model by Raftelis Financial Consulting. The cash balances and the coverage ratios are the most important debt ratings criteria for revenue bonds. Projects: All projects listed are shown as “paygo” or cash funded projects, meaning there is no proposed new debt in the plan. However, the requested automated meter project (#16) is not included. Staff, after talking with the Town of Cary (completed project) and the Orange County Water & Sewer Authority (project just beginning), recommend that an RFQ for a feasibility study be issued and the feasibility study be completed before including the project in the CIP. Major projects included in the CIP are: Replacement of membranes in RO trains 1 through 3 at the North RO Plant in 2018 at $275,000; Replacement of membranes in RO trains 1 & 2 at the RWS RO Plant in 2019 at $100,000; Replacement of the Buxton elevated tank in 2019 at $800,000; Replacement of arsenic removal media at the North RO Plant in 2020 at $300,000; Replacement and expansion of RO trains 1 through 3 at the North RO Plant in 2020 at $2,250,000; Replacement of the remaining 2.0 MGD ion exchange treatment at the Skyco WT Plant with nanofiltration treatment in 2020 at $1,150,000; A new raw water well at the CH RO Plant in 2023. The Board is requested to approve the Water CIP and to authorize the County Manager to execute the necessary budget actions for FY 2017. 18 County of Dare, NC Water Fund Recommended Capital Improvements Plan for FY's 2017-2023 # Description Funds available: Water Fund Capital Outlay NRO Membrane Reserve Extension & Replacement Fund Totals Projects: 1 Avon Water Tower Painting & Maintenance 2 RWS Water Tower Painting & Maintenance 3 NRO RO Units #1, 2, & 3 Membrane Replacement 4 CHP RO Units #1 & 2 Membrane Replacement 5 RWS RO Units #1 & #2 Membrane Replacement 6 Buxton 110k Elevated Tank Replacement 7 NRO Arsenic Media Replacement 8 Southern Shores Water Tower Painting & Maintenance 9 NRO Plant Expansion Units #1-3 10 Skyco Nanofiltration Units #4 & 5 11 Stumpy Point Elevated Tower Painting & Maintenance 12 NRO RO Units #4 & 5 Membrane Replacement 13 Buxton 400k Tank Painting & Maintenance 14 Hatteras 300k Tank Painting & Maintenance 15 CHP RO Raw Water Well 16 Automated Meter Reading & Meter Replacement Total expenditures Source Gross Project Fiscal Year Recommended Amount 2017 2018 $120,000 $140,000 275,000 110,000 $525,000 $120,000 South Dist South Dist NRO WTP CH WTP RWS WTP South Dist NRO WTP North Dist NRO WTP Skyco WTP North Dist NRO WTP South Dist South Dist CH WTP Distribution 2014 Actual/Projected Ending E&R Balance $ 11,054,110 Actual/Projected Total Fund Balances (Restricted, E&R and Surplus) $ 18,513,240 1.59 Actual/Projected Revenue Bond Coverage per Rate Model Actual/Projected Revenue Bond Coverage w/20% of Surplus per Rate Mo 2.88 $120,000 $140,000 $275,000 $110,000 $100,000 $800,000 $300,000 $150,000 $2,250,000 $1,150,000 $110,000 $130,000 $140,000 $130,000 $1,300,000 $5,000,000 $12,205,000 2017 2018 2018 2018 2019 2019 2020 2020 2020 2020 2021 2021 2022 2023 2023 See Note 2015 $ 10,437,718 $ 19,889,849 1.98 3.70 2019 2020 2021 2022 2023 $0 $150,000 $140,000 $130,000 900,000 $900,000 3,700,000 $3,850,000 $110,000 130,000 0 $240,000 0 $140,000 1,300,000 $1,430,000 120,000 140,000 275,000 110,000 100,000 800,000 300,000 150,000 2,250,000 1,150,000 110,000 130,000 140,000 130,000 1,300,000 $120,000 $525,000 $900,000 $3,850,000 $240,000 $140,000 $1,430,000 2016 $ 10,107,327 $ 20,559,458 2017 $ 11,313,182 $ 21,765,313 2018 $ 12,112,517 $ 22,564,648 2019 $ 12,399,493 $ 22,851,624 2020 $ 9,886,616 $ 20,338,747 2021 $ 11,018,912 $ 21,471,043 2022 $ 12,505,806 $ 22,957,937 2023 $ 13,982,700 $ 24,434,831 1.70 3.57 1.70 3.37 1.70 3.44 1.70 3.49 1.70 3.42 1.74 3.39 1.77 3.42 Note: Staff recommends that study begins on an automated meter reading system project which will replace all water meters, provide for electronic meter reading, and provide a web-based customer interface to the data. After consultation with other systems that have completed a similar project or are implementing a similar project, contracting for a project feasibility study to address feasibility, scope and structure is recommended. 19 Request For Traffic Control Assistance Description The Dare County Board of Commissioners will consider a resolution asking the North Carolina Highway Patrol to provide traffic control assistance at the intersection of Highway 158 and NC 12 in front of the Aycock Brown Welcome Center in Kitty Hawk during summer weekends. Action taken by the Board of Commissioners will be shared with the Towns and Currituck County and forwarded to the Commander of the North Carolina Highway Patrol. Attached is a resolution outlining the request for traffic control assistance. Board Action Requested Discuss and take appropriate action Item Presenter Vice-Chairman Wally Overman 20 RES SOLUTION N QUESTING G SUMMER R TRAFFIC CONTROL L FROM THE NC HIG GHWAY PA ATROL REQ W WHEREAS, an important part of th he tourism dollars d that aare generatedd for the Staate of Northh Carolina deerive from visitation v to the t Outer Baanks that occcurs on weekkends from M Memorial Daay to Labor Day; and W WHEREAS, weekend visitation durring the sum mmer season creates conngestion andd traffic probblems that caause gridlocck conditionss at the intersection of Highway H 1558 and NC 112 in front oof the Aycocck Brown W Welcome Cen nter in Kitty Hawk; and W WHEREAS, the conditio ons that exisst during sum mmer weekeends pose a sserious threaat to public safety not onnly at the Welcome W Cen nter intersecttion, but exttend for milees in each diirection, whiich results inn backups annd gridlock that stretch out through h much of Currituck C Couunty on Higghway 158 aand to Corollla on NC 122; and W WHEREAS, the weeken nd gridlock that occurss at the Higghway 158 aand NC 12 intersectionn not only caauses extrem me backupss and delayss for motorrists in bothh Dare andd Currituck counties, itt impedes em mergency acccess for amb bulances and d other publiic safety vehhicles; and W WHEREAS, during the summer off 2016, law enforcemennt agencies ccollaborated to assist w with traffic coontrol at the intersection n of Highway y 158 and NC N 12 whichh included thhe North Carrolina Highw way Patrol onn two weekeends. This joint effort reesulted in drramatically im mproved conditions andd reduced thee gridlock thhat has endan ngered the visitor v experiience and jeo opardized puublic safety; and W WHEREAS, the Dare County Board d of Commisssioners beliieves that thhe presence oof law enforrcement at thhe intersectio on of Highw way 158 and d NC 12 durring summeer weekends has proven to be succeessful and shhould be con ntinued; and W WHEREAS, Dare Coun nty and its municipalitties are nott able to coontinually pprovide the total law ennforcement resources th hat are requiired to proviide weekendd traffic conntrol during summer weeekends at thhe Welcomee Center in ntersection without serriously jeoppardizing our ability tto respond to other em mergencies that t occur in n our commu unities during g the peak vvisitation seaason. N NOW, THER REFORE, BE B IT RESO OLVED, thaat the Dare C County Boaard of Comm missioners respectfully reequests that the North Carolina Highway H Paatrol providee traffic coontrol assistaance duringg summer w weekends at the intersecction of Hig ghway 158 and a NC 12 and use itss professionaal and highlly trained peersonnel to assist the many m motoriists traveling g to the Ouuter Banks oof North Caarolina as a matter of puublic safety and to help preserve p thee tourism rev venue stream m that is in thhe best econoomic interest of North C Carolina.. ____ _____________________________________ Robert Woodard, C Chairman Atteest: ___ _____________________________________ Gary Grooss, Clerk too the Board 21 Consent Agenda Description 1. 2. 3. 4. Approval of Minutes (09.21.16 & 09.26.16) Budget Actions Report for Approved FY 2017 Capital Improvements Plan FY 2017 Lease for Computer Equipment - Sheriff's Office Laptops Internet Service Contract for New EOC-911 Center Board Action Requested Approval Item Presenter County Manager, Robert Outten 22 Approval of Minutes Description The Board of Commissioners will review and approve their previous Minutes, which follow this page. Board Action Requested Approve Previous Minutes Item Presenter County Manager, Robert Outten 23 Page 1 of 2 COUNTY OF DARE, NORTH CAROLINA District 1: Roanoke Island & Mainland; District 2: Nags Head, Colington, Kill Devil Hills; District 3: Kitty Hawk, Southern Shores, Duck; District 4: Chicamacomico, Avon, Buxton, Frisco, Hatteras; District 5: At Large Meetings of the Dare County Board of Commissioners are videotaped and can be viewed at www.darenc.com MINUTES DARE COUNTY BOARD OF COMMISSIONERS Dare County Administration Building, Manteo, NC SPECIAL MEETING to consider joining a lawsuit to contest the use of the Supplement Process that would implement drastic reductions in the Catch of Southern Flounder 5:00 a.m., September 21, 2016 Commissioners present: Chairman Robert Woodard Vice-Chairman Wally Overman Jack Shea, Allen Burrus, Beverly Boswell, Margarette Umphlett Commissioners absent: Warren Judge Others present: County Manager/Attorney, Robert Outten Public Information Officer, Dorothy Hester Clerk to the Board, Gary Gross A full and complete account of the entire meeting is archived on a video that is available for viewing on the Dare County website www.darenc.com. Chairman Woodard called the meeting to order at 5:02 p.m. He invited Commissioner Boswell to share a prayer, and then he led the Pledge of Allegiance. The Chairman reported that Commissioner Judge was unable to attend due to a prior commitment. ITEM 1 – PUBLIC COMMENTS The Manager outlined the procedure for making public comments in Manteo and via the video link to the Fessenden Center in Buxton. Nobody responded to the invitation to make Public Comments. However, later in the meeting, Chairman Woodard reopened Public Comments to accommodate those who arrived late. See agenda item #2 for a summary of remarks that were made. ITEM 2 – CONSIDER JOINING A LAWSUIT TO CONTEST THE USE OF THE SUPPLEMENT PROCESS THAT WOULD IMPLEMENT DRASTIC REDUCTIONS IN THE CATCH OF SOUTHERN FLOUNDER Mr. Outten reported that a lawsuit opposing the use of the Supplement Process has been filed by a Carteret law firm on behalf of associations and counties and invited Stevenson Weeks, an attorney with Wheatly, Wheatly, Weeks, Lupton, and Massie, to address the Board. 24 Page 2 of 2 Mr. Weeks said the purpose of the lawsuit is to get an injunction against implementation of the Supplement Process as a matter of vital importance to North Carolina’s commercial fishing industry. He presented an Economic Profile Analysis outlining the impact of southern flounder catch reductions and compared North Carolina’s restrictions to those of other states. Mr. Weeks explained that the Supplement Process is being misused and is not based on adequate science. He asked the Board of Commissioners to join in the lawsuit against the Supplement Process. Vice-Chairman Overman said the Board has adopted three resolutions supporting Dare County’s flounder fishermen in opposition of the Supplement Process and made the motion that is listed below. During discussion of the motion, Commissioners voiced support for Dare County’s fishermen and called for regulations that are based on science. And, Chairman Woodard offered anyone who arrived late the opportunity to make public comments. In response, Britt Shackelford, President of North Carolina Watermen United, said his group agrees with the information that was presented by Mr. Weeks. MOTION Vice-Chairman Overman motioned to join in the lawsuit, along with the counties of Hyde and Carteret, in opposing the use of the Supplement Process pertaining to the catch of southern flounder. Commissioner Shea seconded the motion. VOTE: AYES unanimous At the conclusion of the meeting, Chairman Woodard asked for a motion to adjourn. MOTION Commissioner Shea motioned to adjourn the meeting. Commissioner Boswell seconded the motion. VOTE: AYES unanimous AT 5:29 P.M. THE DARE COUNTY BOARD OF COMMISSIONERS ADJOURNED THE SPECIAL MEETING. Respectfully submitted, [SEAL] By: ______________________________ Gary Gross, Clerk to the Board APPROVED: By: _______________________________ Robert Woodard, Chairman Dare County Board of Commissioners 25 Page 1 of 5 COUNTY OF DARE, NORTH CAROLINA District 1: Roanoke Island & Mainland; District 2: Nags Head, Colington, Kill Devil Hills; District 3: Kitty Hawk, Southern Shores, Duck; District 4: Chicamacomico, Avon, Buxton, Frisco, Hatteras; District 5: At Large Regularly scheduled Board meetings are videotaped and can be viewed at www.darenc.com MINUTES DARE COUNTY BOARD OF COMMISSIONERS MEETING Dare County Administration Building, Manteo, NC 5:00 p.m., September 26, 2016 Commissioners present: Chairman Robert Woodard Vice-Chairman Wally Overman Warren Judge, Jack Shea, Beverly Boswell, Margarette Umphlett Commissioners absent: Allen Burrus Others present: County Manager/Attorney, Robert Outten Finance Director, David Clawson Public Information Officer, Dorothy Hester Clerk to the Board, Gary Gross A full and complete account of the entire Board of Commissioners meeting is archived on a video that is available for viewing on the Dare County website www.darenc.com. Chairman Woodard called the meeting to order at 5:02 p.m. He invited Rev. David Feyrer to share a prayer, and then he led the Pledge of Allegiance to the flag. ITEM 1 – OPENING REMARKS – CHAIRMAN’S UPDATE Chairman Woodard mentioned the following items during his opening remarks – The 25th anniversary celebration of First Flight Middle School. Board action taken at the recent Special Meeting to join in a lawsuit opposing use of the supplement process that would hurt local watermen by restricting the catch of southern flounder. He reported that he and Vice-Chairman Overman spoke at the recent public hearing conducted by the State Utilities Commission on the rate increase sought by Dominion North Carolina Power. He voiced his continued opposition to any rate increase being imposed on the people of Dare County. The Chairman outlined a Working Smart Program that is being offered to local residents and businesses in conjunction with the Albemarle Commission and the Workforce Development Board. A video of the Chairman’s update can be seen on the County website www.darenc.com. ITEM 2 – PUBLIC COMMENTS The Manager outlined the procedure for making public comments in Manteo and via the video link to the Fessenden Center in Buxton. Citizen remarks can be seen in their 26 Page 2 of 5 entirety on the county website www.darenc.com. Following is a brief summary – The following Public Comments were made in Manteo – 1. Lynda Midgett asked for assistance for families that are dealing with Alzheimer’s or dementia, which she said is prevalent at her house. She asked the Board to make a serious effort to build a facility on Roanoke Island and suggested acreage that may be suitable for such a place. 2. Amanda Conner spoke in support of Alzheimer’s Awareness Month and cited her nursing experience helping families dealing with dementia, which she said is a growing problem. She called for more tools, resources, and education to be made available to support those who care for loved ones with dementia. 3. Catherine Pfendler on behalf of GEM explained that as a nurse she has seen an increase in dementia patients and voiced the frustration that families face when seeking resources. She requested increased support for caregivers and encouraged the Board to support a day program for dementia. 4. Sharee Meekins-Wilder cited the need for more educational programs concerning Alzheimer’s Disease and dementia. She explained the needs of people she has encountered and called for more adult programs with activities and a nutritional component. There were no Public Comments via the video link to the Fessenden Center in Buxton. ITEM 3 – COMMUNITY FORUM SAVING LIVES Roxana Ballinger from the Public Health Division of the Dare County Department of Health and Human Services presented information about the upcoming Community Forum on Substance Abuse Prevention and Education. The purpose of the event is to provide an opportunity for people to learn about substance abuse issues in Dare County and become familiar with local resources that are available. ITEM 4 – ALZHEIMER’S AWARENESS MONTH Gail Sonnesso on behalf of GEM provided information about September being World Alzheimer’s Awareness Month. She showcased two informative videos and listed the desired outcomes that families have in their struggle with dementia. Ms. Sonnesso also outlined upcoming events to help promote the need for Alzheimer’s research, educational programs, and caregiver services. ITEM 5 – CUP APPLICATION FOR FAMILY CHILD CARE HOME This agenda item was handled as a quasi-judicial proceeding. Before offering any testimony, Planning Director Donna Creef was duly sworn by the Clerk to the Board and 27 Page 3 of 5 the applicant, Natalie Arzu-Rochez, was affirmed in lieu of an oath. Ms. Creef outlined the Conditional Use Permit (CUP) request submitted for a family child care home at 805 Lindbergh Berry Road in Manteo. The County Manager asked the applicant if she agrees to the findings of fact, the documents in the record, and the terms and conditions presented in the CUP and Ms. Arzu-Rochez voiced her approval. MOTION Commissioner Shea motioned to approve the Conditional Use Permit for family child care home for Natalie Arzu-Rochez. Vice-Chairman Overman and Commissioner Judge seconded the motion. VOTE: AYES unanimous ITEM 6 – PROPOSED AVON ZONING MAP AMENDMENT – EARL YOUNCE The Planning Director presented a rezoning application submitted by Earl Younce to rezone several properties his family owns in Avon. She explained that the rezoning is being sought to correct an error on the Avon zoning map that was adopted in 1992. The property is currently zoned R-1 residential and the applicant seeks a reclassification to C-2 commercial. Ms. Creef noted that a public hearing is required before action can be taken by the Board of Commissioners. MOTION Commissioner Judge motioned to schedule a public hearing on the Avon zoning map amendment for 5:30 p.m. on October 17, 2016. Commissioner Shea and Vice-Chairman Overman seconded the motion. VOTE: AYES unanimous ITEM 7 – BOND ORDER AUTHORIZING ISSUANCE OF UTILITIES SYSTEMS REVENUE REFUNDING BONDS (Att. #1) Finance Director David Clawson presented a Bond Order to authorize the issuance of Water Refunding Revenue Bonds. He explained that this is the final step for the Board to authorize the bonds. He outlined the refunding savings and described the provisions of the Bond Order. MOTION Commissioner Judge motioned to adopt the Bond Order. Commissioner Shea and Vice-Chairman Overman seconded the motion. VOTE: AYES unanimous ITEM 8 – CONSENT AGENDA The Manager announced the Consent Agenda items as they were visually displayed. MOTION Commissioner Shea motioned to approve the Consent Agenda: 1) Approval of Minutes (09.06.16) (Att. #2) 2) Road Request – Light House Road, Hatteras Colony South Subdivision (Att. #3) 3) Authorization to Present Service Weapon to Retiring Deputy Sheriffs 4) Government and Education Access Channels – Production Music 28 Page 4 of 5 5) Resolution to Approve Sole Source Purchase (Att. #4) Commissioner Umphlett and Vice-Chairman Overman seconded the motion. VOTE: AYES unanimous ITEM 9 – COMMISSIONERS’ BUSINESS & MANAGER’S/ATTORNEY’S BUSINESS Following is a brief outline of items raised during this segment. Commissioners and the County Manager frequently make extensive remarks, which can be viewed in their entirety on a video archived on the Dare County website www.darenc.com. Commissioner Shea – gave an update on the County’s economic diversification program that is being developed with NC State. He reported that the community has responded in an outstanding way in completing survey questionnaires. He noted that public forums will be scheduled to present information about the program. Vice-Chairman Overman – provided information about the follow-up that he has done concerning standing water along highways in the wake of the recent tropical storm. He outlined correspondence he has had with NCDOT and the Dare County Soil and Water Conservationist. The Vice-Chairman voiced his support for the upcoming Community Forum sponsored by the Dare County Substance Abuse Prevention and Education Task Force. He commented on the recent Day at the Docks and described it as an enjoyable event. Vice-Chairman Overman noted that the world suffered a tremendous loss in the death of golfing legend Arnold Palmer. Commissioner Umphlett – encouraged people to watch the presidential debates and exercise their right to vote. Commissioner Umphlett outlined a variety of services and programs that are available at the Dare County Center. Commissioner Judge – echoed comments made about Day at the Docks calling it a great celebration of the culture and heritage of Hatteras. He mentioned that the Baum Center and Fessenden Center have excellent programs that mirror the services offered at the Dare County Center. Commissioner Judge noted that he appreciates the comments that were made tonight about Alzheimer’s Disease and said Dare County may need to consider approaching this issue like it did when New Horizons was launched to tackle substance abuse. Commissioner Boswell – spoke in support of fishermen who are burdened with ridiculous regulations. She thanked Gail Sonnesso for speaking about Alzheimer’s Disease on behalf of the 47 million people who suffer from dementia and memory loss. Commissioner Boswell showcased a video featuring the SPCA Pet of the Week. Chairman Woodard – thanked Commissioners for their hard work and commitment. He also encouraged everyone to exercise their right to vote. 29 Page 5 of 5 MANAGER’S/ATTORNEY’S BUSINESS 1. Mr. Outten reported on NCDOT needing to close the Alligator River Bridge for 8 days sometime early in 2018. He asked Commissioners to express any concerns as soon as possible so plans can move forward. 2. The County Manager explained that storm debris pickup is going well and will continue for a few more weeks. He noted that in the past, large item pickup has been postponed when there is a storm and suggested the County wait until spring for large item pickup. 3. Mr. Outten said rental income for cellular carrier space on County water towers ranges from $2,900 to $3,300 and described a $2,500 offer from T-Mobile. The County Manager noted that the rental industry is changing rapidly and by consensus, the Board directed him to proceed in drafting a T-Mobile contract for Commissioner approval. 4. The Manager reported on the recent Coastal Resources Commission (CRC) meeting and the impact that new flood maps will have on insurance requirements and building elevations. He said this issue will need to be discussed by the Board sometime in the next 18 months. Mr. Outten said Sea Grant has an informational program that may be helpful in addressing this issue in the future. At the conclusion of the meeting, Chairman Woodard asked for a motion to adjourn. MOTION Commissioner Shea motioned to adjourn the meeting. Commissioner Umphlett seconded the motion. VOTE: AYES unanimous At 6:35 p.m., the Board of Commissioners adjourned until 9:00 a.m., October 3, 2016. Respectfully submitted, [SEAL] By: ______________________________ Gary Lee Gross, Clerk to the Board APPROVED: By: _______________________________ Robert Woodard, Chairman 30 Budget Actions Report for Approved FY 2017 Capital Improvements Plan Description The Board approved the FY 2017 Capital Improvements Plan on 9/6 and authorized the County Manager to execute the required budget actions with a report on those actions to follow. Attached are the budget actions taken: a budget amendment for the General Fund, a budget amendment for the Capital Reserve Fund, a capita project ordinance for the School Capital Projects Fund, and a capital projects ordinance for the Capital Projects Fund. Board Action Requested None, report only. Item Presenter David Clawson, Finance Director 31 32 33 34 35 36 FY 2017 Lease for Computer Equipment - Sheriff's Office Laptops Description Leasing Proposal for DELL Laptops for FY 2017. Lease is for period of 48 months. These are rugged laptops for Sheriff's Office use. Board Action Requested Approval by Board to proceed Item Presenter Robert Outten, County Manager 37 Dare County Prepared For: September 26, 2016 Thank you for giving Dell Financial Services L.L.C. (“DFS”) the opportunity to provide a technology financing solution. Enclosed is a financing proposal for your new technology needs. We look forward to discussing this opportunity in further detail with you. If you have any questions, please contact me at the phone number or email address below. Dell Summary Product Description Quote Number 3000000535684.10 3000000535684.10 Product Price Quantity Dell Lat Rugged Adapter Personal Property Management Fee TOTAL Proposal Expiration Date: October 26, 2016 $1,742.10 $72.99 25 25 Term Option Payments: Annual Consolidation: Monthly Payments Due: Advance Interim Rent: None Extended Price Rate Factor $43,552.50 $1,824.75 0.25675 0.25675 0.009109 $45,377.25 48 FMV 4 Payments $11,182.10 $468.50 $413.34 $12,063.95 Payment is net of sales tax PLEASE NOTE: Personal Property Taxes (PPT) will apply to this lease. Leasing and financing provided by Dell Financial Services L.L.C. or its affiliate or designee (“DFS”) to qualified customers. Offers may not be available or may vary in certain countries. Where available, offers may be changed without notice and are subject to product availability, credit approval, execution of documentation provided by and acceptable to DFS, and may be subject to minimum transaction size. Offers not available for personal, family or household use. Dell and the Dell logo are trademarks of Dell Inc. Proposal is property of DFS, contains confidential information and shall not be duplicated or disclosed in whole or part. Proposal is not a firm offer of financing. Pricing and rates based upon the final amount, configuration and specification of the supplied equipment, software, services or fees. Prorata payment may be due in the first payment cycle. Proposal excludes additional costs to customer such as shipping, maintenance, filing fees, applicable taxes, insurance and similar items. Proposal valid through the expiration date shown above, or if none is specified, for 30 calendar days from date of presentation. End of Term Options: Fair Market Value (FMV) Lease: • Exercise the option to purchase the products at the then fair market value. • Return all products to lessor at the lessee’s expense. • Renew the lease on a month to month or fixed term basis. Cheryl Aldridge Inside Sales Account Management IV Dell | Financial Services office + 1 512 724 3461 cheryl_aldridge@dell.com Page 1 of 2 38 Prepared For: Dare County September 26, 2016 Additional Information: LEASE QUOTE: The Lease Quote is exclusive of shipping costs, maintenance fees, filing fees, licensing fees, property or use taxes, insurance premiums and similar items which shall be for Lessee's account. Lessee will pay payments and all other amounts without set-off, abatement or reduction for any reason whatsoever. Additionally, Lessee shall declare and pay all sales, use and personal property taxes to the appropriate taxing authorities. If you are sales tax exempt, please provide a copy of your Exemption Certificate with the Lease Contract. If Lessee provides the appropriate tax exemption certificates to DFS, sales and use taxes will not be collected by DFS. However, if your taxing authority assesses a personal property tax on leased equipment, and if DFS pays that tax under your lease structure, Lessee must reimburse DFS for that tax expense in connection with the Lessee's lease. PURCHASE ORDER: The Purchase Order must be made out to Dell Financial Services L.L.C., One Dell Way, RR8-23, Round Rock, TX 78682. The Purchase Order will need to include the quote number, quantity and description of the equipment. Please be sure to indicate that the PO is for a lease order and shows the type of lease, the term length, and payment frequency. The date of the lease quote referenced should be included. Please be sure to include any applicable shipping costs as a line item and include your address as the SHIP TO destination. INSURANCE: The risk of loss on the equipment is borne solely by the Lessee. Lessee shall be required to purchase and maintain during the Term (i) comprehensive public liability insurance naming Lessor as additional insured; and (ii) "all-risk" physical damage insurance in a minimum amount of the Purchase Price, naming DFS as first loss payee. APPROPRIATION COVENANT: The Lease will contain an appropriation of funds clause. The Lessee will covenant that it shall do all things legally within its power to obtain and maintain funds from which the payments may be paid. DOCUMENTATION: In addition to a duly executed Agreement, other documents as reasonably requested by DFS may be required, such as but not limited to, opinions of counsel, IRS tax exemption forms (if applicable), and audited financials. PROPOSAL VALIDITY / APPROVALS: This is a proposal based upon market conditions and is valid for 30 days, is subject to final credit approval, review of the economics of the transaction, and execution of mutually acceptable documentation. Page 2 of 2 39 Internet Service Contract for New EOC-911 Center Description Agreement with Centurylink for Internet service at new EOC-911 building. Contract is for 100M Enhanced Ethernet Metro Internet. Contract term is 60 months. Board Action Requested Approval by Board and authorization for Chairman to sign. Item Presenter Robert Outten, County Manager 40 Dare County Proposal For Metro Ethernet - Classic Enhanced Services Proposal Date: 9/20/2016 Expire Quote Date: 11/21/2016 Customer Copy – Quote #: 16-015823 Customer Contact Information: Company Name: Dare County Billing Address: ADMINISTRATIVE BLDG PO BOX 1000 Billing City, State, Zip: MANTEO NC 27954-1000 BAN ID: 123456789 Customer Contact Name: Customer Contact Phone: Customer Contact E-mail: CenturyLink Contact Information: Sales Person: Edward Hanline [] Email: edward.hanline@centurylink.com Sales Contact Number: Dealer Code: Engineer: Alison Rhodes Email: alison.rhodes@centurylink.com Engineer Contact Number: 252-212-3654 Service Description: The following Term options reflect the total budgetary Monthly Recurring Revenue (MRR) and Non-Recurring Revenue (NRR) for all sites included in the quote. See subsequent pages for individual budgetary charges per site. Type of Service: Metro Ethernet - Classic Enhanced Services Term Agreement: 60 month Total # of Sites included in this quote: 1 Site A Listing Name 402 AIRPORT RD TOTAL MRR $776.00 $776.00 CenturyLink Proprietary and Confidential 41 NRR $24.00 $24.00 Dare County Proposal For Metro Ethernet - Classic Enhanced Services Proposal Date: 9/20/2016 Expire Quote Date: 11/21/2016 Customer Copy – Quote #: 16-015823 Customer Service Location: PON #: Primary Location Name: 402 AIRPORT RD Address: 402 AIRPORT RD City, State, Zip: MANTEO, NC, 27954 NPA-NXX: On Site Contact Name: Lee Wise Work TN: 252-473-2374 Telco Central Office Information: Telco A: Carolina Telephone and Telegraph Company LLC Serving Central Office CLLI: MANTNCXA00W Serving Central Office Address: 105 E UPPOWAC ST Serving Central Office City, State, Zip: MANTEO, NC 27954 ______________________________________________________________________________________________ Service Description: Type of Service: Metro Ethernet - Classic Enhanced Services, 60 month term Site Qty Price Plan A 1 A 1 PPE5CEZ1B Feature Code E164 Item Service Order Charge 100Mbps Enhanced Ethernet Classic TOTAL MRR NRR 24.00 $776.00 $776.00 $24.00 Additional Terms and Conditions: • At http://about.centurylink.com/legal/rates_conditions.html, the following information will direct you to the applicable terms and conditions for the Services: Entity: Carolina Telephone and Telegraph Company LLC Service: Metro Ethernet - Classic Enhanced Services • The prices quoted apply only to the sites included in the Quote and will not apply if Customer adds, changes or moves site locations. Rates, charges and discounts for Service elements not identified appear in the applicable terms and conditions identified above. Prices do not include taxes or applicable surcharges that CenturyLink may bill Customer. Unless this Quote is incorporated into a signed agreement, it is non-binding. Except for charges described in this Quote, the applicable CenturyLink terms and conditions identified above will control over any inconsistencies or conflicts between the Quote and the terms and conditions. Classic Ethernet Service - Existing customers may have various models of NID, New Customers and Existing customers requesting Service Multiplexing require RAD 204A. CenturyLink Proprietary and Confidential 42 Dare County Proposal For Metro Ethernet - Classic Enhanced Services Proposal Date: 9/20/2016 Expire Quote Date: 11/21/2016 Customer Copy – Quote #: 16-015823 CenturyLink Proprietary and Confidential 43 Customer Responsibilities – Ethernet Services described in this Price Quote If the following responsibilities are not completed before installation of the Ethernet services described in this Price Quote (“Ethernet Services”), CenturyLink reserves the right, at its sole discretion, to reschedule installation, charge Customer for additional work and any necessary materials or Products on a Time and Material basis, or terminate the Agreement (to which this Price Quote is incorporated) with respect to Ethernet Services and any associated services utilizing Ethernet Services. 1. Customer must provide adequate conduit from the right-of-way into the building and confirm access facilities to the building are available for fiber provisioning. It is also Customer’s responsibility to locate private utilities on the premises if construction is required. Conduit specifications are as follows: One 2-inch Schedule 40 PVC conduit from 2 feet below grade at the building exterior to a pull box on the building exterior. Pull box must have a minimum dimension of 12-inch x 12-inch x 6-inch deep. Place one 2-inch conduit sleeve through wall from pull box to inside of the equipment room. Conduit must be equipped with 200 lb rated pull tension or greater. Equip conduit with no more than 2 quarter bends (a total of 180 degrees) between cable pulling points. Seal the conduit after installation to protect from damage such as water. Conduit is not required when Ethernet Service is provisioned over copper or circuit bonding technology, 50 Mbps or less. Ethernet Services delivered via copper/circuit bonding technology will terminate at the CenturyLink demarcation point on a Customer-provided wall-mounted 66 block and cross-connected to a copper loop bonding unit. 2. Customer must provide one 20 x 44 x ¾ inch plywood backboard in an equipment demarcation room with clearance of 36 inches in front of backboard. If the fiber demarcation point is within 25 feet of the equipment rack, a wall board will not be required. All hardware and terminations will be installed in the Customer-provided rack. If Customer is in a multi-tenant building and the shared building terminal at Customer’s location does not have adequate space for CenturyLink fiber termination, Customer or building owner must provide a 24” x 24” x 9” cabinet with ¾” plywood. This cabinet must be associated next to the original building terminal to support association of shared demarcation facilities. 3. Customer must ensure the demarcation point is in an accessible and environmentally controlled location. All CenturyLink Ethernet Services-enabling Equipment requires a clean, dust-free environment that is environmentally controlled to temperatures of 55-80 degrees Fahrenheit and humidity of 70% or less. If Customer is in a multi-tenant building, Customer must ensure that the CenturyLink demarcation point, is accessible to CenturyLink technicians. Customer may need to coordinate access with the building manager to ensure that access is available on the day of installation. Customer must ensure that this location remains dry and free of dampness, and the room temperature remains within the tolerance of sensitive electronic hardware. 4. Customer must ensure 4 consecutive rack units of space in a 19” data rack are available for Ethernet Services. Customer must provide space in a 19” wide data rack for the required hardware. The rack must be either wall or floor mounted. CenturyLink will not install the hardware on a shelf or the floor. 5. Customer must provide a dedicated power outlet and common ground. CenturyLink termination electronics are powered by Customer-provided 120 VAC (20 Amp) circuit. CenturyLink requires the outlet to be a duplex, dedicated and grounded electrical outlet within 6 feet of the equipment location. Common ground must be 25 ohm or less. If Customer does not have an uninterrupted power supply (UPS) on the AC, Ethernet Services will be lost in the event of an AC power failure. If UPS is required, Customer will provide. CenturyLink will provide for an additional charge upon request. 6. Customer must complete inside wiring before the arrival of the CenturyLink installation technicians. Customer must extend the wiring from the demarcation point to the location where the Ethernet Services will be used. CenturyLink only will extend the demarcation point on a Time and Material basis for an additional charge. Customer must contact its CenturyLink Account Executive to schedule the work. CenturyLink uses the following guidelines when extending the demarcation point: (1) If services are delivered via copper (50 Mbps or less), the 44 demarcation may be extended a maximum of 300 feet 24 gauge copper, or (2) If services are delivered via fiber, CenturyLink technicians will terminate fiber into a Customer-provided rack a maximum of 25 feet from demarcation. 7. Customer must confirm Ethernet Service hand-off requirements. CenturyLink will provide a standard RJ-45 copper Ethernet connection for 10/100 service and a single mode fiber connection on a 1 Gigabit circuit as the demarcation point for the Ethernet Services. If a different customer hand-off is required, such as a multimode fiber connection, Customer must state the requirement on the site survey per site network page. 8. Customer must confirm that its Local Area Network (“LAN”) has an appropriate Ethernet Service port available to provide the desired network functionality and is within the distance required by Ethernet Service specifications. Customer will program the Ethernet Service port for appropriate speed and full duplex setting. (auto-negotiate is not available). Customer will provide CAT5 cable(s) to connect its LAN to the CenturyLink Ethernet Service-enabling equipment. Customer will provide an appropriate Ethernet Service-enabling patch cable for connecting CenturyLink demarcation and Customer-provided Equipment. 9. Ethernet Services are a Layer 2 network service only. All customer premises LAN Layer 3 (e.g. IP) addressing is Customer’s responsibility. CenturyLink will provide pricing for additional equipment and labor to enable Layer 3 functionality, if required. In most cases this will be a router which will provide the Layer 3 routing of subnets and VLAN on Customer’s network. If Customer only requires Layer 2 bridging (a flat network) across the Ethernet Services, then a standard Ethernet Service switch port is all that is required. 10. The CenturyLink installer will not connect Ethernet Services to Customer’s LAN. CenturyLink installers will install the hardware and identify a port for connection. CenturyLink highly recommends the use of a qualified networking vendor to assist with LAN configuration. A CenturyLink Account Executive can provide pricing for CenturyLink network configuration for Ethernet Services. Ethernet Services will be installed at your site only upon completion of all of these steps. If Customer is unable to complete all of these requirements before the installation date, Customer will notify CenturyLink as soon as it becomes aware of its inability. 45 Products and Services Agreement Contract No. 160702562413 This Products and Services Agreement ("Agreement") between CENTURYLINK SALES SOLUTIONS, INC., as contracting agent on behalf of the applicable affiliated entities providing the Products and Services (“CenturyLink”) and Dare County ("Customer") sets forth the terms and conditions for CenturyLink’s provision of those Products and Services to Customer. Electronic signatures on this Agreement will be accepted only in the form and manner prescribed by CenturyLink. 1. SERVICES. CenturyLink will sell to Customer the Services listed on the Services List, attached and incorporated by this reference. This Agreement is effective on the date all parties have signed below (“Effective Date”) and continues for the longest Order Term listed on the Services List. 2. PURCHASE ORDERS. This Agreement controls over any Customer-issued purchase order, and any terms or conditions contained in a Customer-issued purchase order or other Customer ordering document will have no force or effect. 3. UNIFORM RESOURCE LOCATORS (URLS). References to URLs in this Agreement include any successor URLs designated by CenturyLink. 4. ENTITY. For an interim period until all work is completed to update systems and platforms related to the combination of EMBARQ and CenturyTel, and the acquisition of Qwest, the names EMBARQ and CenturyTel may be used in association with the products and services provided by CenturyLink in this Agreement and Qwest products and services will be sold under a separate agreement. AGREED: CENTURYLINK SALES SOLUTIONS, INC. Dare County By: Printed: Title: Date: \s2\__________________________ \n2\__________________________ \t2\__________________________ \d2\__________________________ By: Printed: Title: Date: \s1\_________________________ \n1\ ________________________ \t1\_________________________ \d1\ ________________________ Address for Notices: Sales Administration 665 Lexington Avenue Mailstop: OHMANB0107 Mansfield, OH 44907 Customer Address: ADMINISTRATIVE BLDG PO BOX 1000 MANTEO, NC 27954-1000 And if related to a dispute to: CenturyLink Attn: Legal Department 1801 California Street, #900 Denver, CO 80202 Fax: (888) 778-0054 Address for Notices (if different from above): Sales Rep: Edward Hanline Sales Rep Phone: Page 1 of 2 46 02.15-Qut/Svc Contract No. 160702562413 SERVICES LIST 1. SERVICES. CenturyLink will provide to Customer those Services identified in the CenturyLink Price Quotes, attached and incorporated by this reference (each, a “Price Quote”). The name of the company providing Services to Customer is listed on each Price Quote. Customer can also locate the name of any CenturyLink local operating company by searching for a NPA-NXX in the first column of the list at http://www.centurylink.com/tariffs/NPANXX_Entity.pdf. The NPA-NXX is a number consisting of an Area Code plus the first three digits of the telephone number. Services are purchased on either a month-tomonth basis or for a specific term for the particular Service ordered (each, an “Order Term”), as listed in each Price Quote. Each Order Term begins on the later of the first day of the first billing month after the Effective Date or the date that CenturyLink installs and makes that Service available to Customer. If Customer continues to receive a Service after expiration of the Service’s applicable Order Term, CenturyLink will provide that Service on a month-to-month basis at its then-current list pricing and thencurrent terms and conditions, unless otherwise provided in the service-specific terms and conditions. CenturyLink will make the Services available only after its compliance with any state-specific regulatory filing requirements. CenturyLink Price Quote Number(s): 16-015823 2. PRICING. 2.1 Monthly Recurring Charges (“MRC”) or Monthly Recurring Rates (“MRRs”). CenturyLink will charge Customer the MRCs or MRRs for the Services described in each Price Quote. For purposes of this Agreement, MRCs and MRRs have the same meaning and may be used interchangeably. 2.2 Non-recurring Charges (“NRC”) or Non-recurring Rates (“NRRs”). CenturyLink will charge Customer NRCs or NRRs related to the Services described in each Price Quote. For purposes of this Agreement, NRCs and NRRs have the same meaning and may be used interchangeably 2.3 Additional Charges. Rates do not include applicable local, state, or federal taxes, fees, or surcharges that CenturyLink may bill Customer. 2.4 Additional Payment Requirements. If Customer is not able to establish a satisfactory credit rating with CenturyLink, CenturyLink, in its sole discretion, may require Customer to submit a deposit or make an advance payment in connection with obtaining or maintaining the Services. 3. TERMS AND CONDITIONS. CenturyLink provides Services under the applicable terms and conditions listed and incorporated by reference on each Price Quote. Except for Services provided under Tariffs or Local Terms of Service, in the event of any inconsistencies or conflicts between this Agreement and the applicable terms and conditions, this Agreement will take precedence. CenturyLink may modify its Tariffs or Local Terms of Service from time to time. 4. TERMINATION. If Customer gives notice of cancellation or termination, disconnects any portion of a Service or otherwise breaches this Agreement resulting in the termination of a Service prior to the end of the applicable Order Term, termination liability will apply as calculated and set forth in the applicable terms and conditions listed and incorporated by reference on each Price Quote. If no termination liability is specified for Services in these terms and conditions, Customer will be liable for 50% of the monthly payments that would otherwise remain in the applicable Order Term. 5. RELATED PRODUCT PURCHASES. Customer may purchase Products related to the Services at the CenturyLink then-current list pricing and subject to the then-current Standard Terms and Conditions for Communications Services, the Equipment Sales Product Annex, and other applicable annexes based on Customer’s selection of Products, all as posted to http://about.centurylink.com/legal/rates_conditions.html. Page 2 of 2 47 02.15-Qut/Svc DocuSign Envelope ID: 826A2DDA-02CD-403F-AE28-8A52C0B27344 CERTIFICATION OF ELIGIBILITY Under the Iran Divestment Act Pursuant to G.S. 147-86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147-86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147-86.55 et seq.* requires that each vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does hereby certify, to the following: 1. that the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2. that the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and 3. that the undersigned is authorized by the Vendor to make this Certification. Vendor: CenturyLink _________________ By: _ __________________________ Signature Howard Garner _ _ Printed Name _ 9/26/2016 Date Sales Manager Title The State Treasurer’s Final Divestment List can be found on the State Treasurer’s website at the address: https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx and will be updated every 180 days. For questions about the Department of State Treasurer’s Iran Divestment Policy, please contact Meryl Murtagh at Meryl.Murtagh@nctreasurer.com or (919) 814-3852. * Note: Enacted by Session Law 2015-118 as G.S. 143C-55 et seq., but has been renumbered for codification at the direction of the Revisor of Statutes. 48 Board Appointments Description The Dare County Board of Commissioners will consider the following Board Appointments --Complete information about each appointment appears after this page. Upcoming Board Appointments for the next three months are highlighted at the end. Board Action Requested Make Board Appointments & Announce Upcoming Appointments Item Presenter County Manager, Robert Outten 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69