TOWN OF SWANSBORO BOARD OF COMMISSIONERS REGULAR MEETING AGENDA March 17, :00 p.m. CALL TO ORDER revised 3/10/15 3/13/15

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1 TOWN OF SWANSBORO BOARD OF COMMISSIONERS REGULAR MEETING AGENDA March 17, :00 p.m. CALL TO ORDER revised 3/10/15 3/13/15 INVOCATION/PLEDGE OF ALLEGIANCE Mayor Scott Chadwick MAYOR S REMARKS 1. Please turn cell phones to off or vibrate. 2. The Board offers the public three opportunities to speak during the meeting: a. During the first comment period, comments should be limited to those items on the agenda. Please note that a separate opportunity is provided for those items requiring a public hearing. b. The second opportunity will be at the end of the meeting where citizens can address the Board on items not listed on the agenda. c. Public Hearing(s) There are no public hearings scheduled for this meeting. 3. Individuals making presentations or comments are asked to adjust the microphone as necessary and to speak directly into the microphone. ITEM 1 - PUBLIC COMMENT - Citizens have an opportunity to address the Board for no more than three minutes per speaker regarding items listed on the agenda. There is a second opportunity at the end of the agenda for the public to address the Board on items not listed on the agenda. ITEM 2 - ADOPTION OF AGENDA AND CONSENT ITEMS Mayor: Any Board member with questions or concerns about any item on the Consent Agenda should identify it now. It will be removed from the Consent Agenda and considered separately. Does any Commissioner wish to remove any item(s) from the Consent Agenda? Board: Mayor: Mayor: (Identify any Consent Agenda item(s) to be pulled.) If any items are identified, no vote is necessary. Item(s) is (are) hereby pulled from the Consent Agenda and will be considered separately as ITEM 6 of this meeting s agenda. A motion to approve the Consent Items and Agenda is in order. {Note: All Closed Session minutes are sealed upon adoption unless otherwise stated within the motion or as required by state statues. Minutes listed as pending are not approved until submitted but shown as pending for reference only.}

2 Consent Items: Meeting Minutes January 26, 2015 Closed Session Minutes February 11, 2015 Special Meeting and Workshop Minutes February 11, 2015 Closed Session Minutes February 17, 2015 Regular Meeting Minutes February 17, 2015 Closed Session Minutes March 2, 2015 Closed Session Minutes Action Needed: Approval of the Meeting Minutes (prepared) is requested. Tax Refunds - The Onslow County Tax Collector recommends refunds of the below listed taxes. Ad Valorem Taxes (as approved by the Onslow County Board of Commissioners): Morris Henry Johnson $38.99 Double charged Tax & Tag Motor Vehicle (per the NC Department of Motor Vehicles) Jason Allen Boucher $23.29 Tag Surrender Donald Milton Ray $14.03 Tag Surrender Sook Chai $81.69 Military Michael Dolph $22.02 Over Assessment Jerry McGill $34.04 Military Dominique Artagos $7.56 Military Louis Colter $ Military Paula Roberson $18.31 Situs Error Walter Roberson $90.55 Situs Error Courtney Holland $2.30 Tag Surrender Action Needed: Approval of the Tax Refunds is requested. Resolution Policy for Mutual Assistance with Other Law Enforcement Agencies NCGS 160A-288 allows the governing body to adopt appropriate guidelines for the purpose of mutual assistance with other municipal and county law enforcement agencies. A resolution adopting policy to authorize the Chief of Police to enter into agreement for mutual assistance with other law enforcement agencies is provided for your consideration. Action Needed: Approve Resolution 2015-R4 adopting policy to authorize the Chief of Police to enter into agreement for mutual assistance with other law enforcement agencies. ITEM 3 APPOINTMENTS/PRESENTATION a. Planning Board (In-Town) Appointment Paula Webb/Town Clerk/Admin Serv. Director One (in-town) seat and two ETJ seats are vacant on the Planning Board. Two citizen applications are on file for the in-town seat. No applications are on file for ETJ seats. Action Needed: Consider appointment for the in-town seat on the Planning Board. ITEM 4 PUBLIC HEARING (None)

3 ITEM 5 NEW BUSINESS NON-CONSENT a. Event Application: Riverview 5K Run Anna Stanley/Interim Parks-Recreation Director Swansboro Parks and Recreation will be hosting the Swansboro Riverview 5K Run on April 11, 2015 at 8am. The 5K Run will take participants on a scenic route along the White Oak River and throughout historical downtown Swansboro. The annual fun run will also be held at the Municipal Park at 9 a.m. This event will be held in conjunction with our annual Touch a Truck event which will be from 10 a.m. to 2 p.m. at the Recreation Center. Action Needed: Motion to approve Riverview 5K Run on April 11, b. Event Application: 5K Run Anna Stanley/Interim Parks-Recreation Director Nikki Panos has submitted an event application for a 5K run on May 16, The proposed route will begin and end at the Swansboro Rotary Civic Center. Action Needed: Motion to approve 5K Run on May 16, c. Sole Source Service Authorization Sonia Johnson/Finance Director The Fire Department submitted sole source requests for the following services. 1. Flow Testing for self-contained breathing apparatus. (Estimated contract amount $ ). 2. Aerial ladder & ground ladder testing. (Estimated contract amount $957.25) In accordance with G.S (e) (6), the governing board has to approve all sole source requests whether it is an informal or formal bid. Action Needed: Motion to approve the Sole Source Requests d. Budget Amendment Multiple Departments Sonia Johnson/Finance Director The Budget Ordinance for Fiscal Year needs to be amended for the following items: 1. Public Safety Department: $1768 was received for the Child Safety Partnership Program. These funds will be utilized for expenses related to that program. The program expenses are in the Public Safety Department. Source of Funds: Child Safety Partnership 2. Public Building Department: The heating/air unit for the existing Public Safety Building needs to be replaced. Funding in the amount of $10,000 will be taken from the Fund Balance for this emergency repair. Source of Funds: Fund Balance 3. Public Safety Department: The Fire Department received a $1194 grant from the N.C. Forest Service for wildland firefighting personal protective clothing and equipment. The Town has a match $1194 match which will be taken from the Public Safety Department. Source of Funds: Grant Fire Action Needed: Motion to approve Budget Ordinance Amendment #2015-4

4 e. Event Application July 3 rd Entertainment/Band of the South Anna Stanley/Interim Parks-Recreation Director Angie Cooper of Seaside Arts Council has submitted an event application for the Band of the South concert on stage at Olde Towne Square July3, 2015, 4-9 p.m. The setup and street closures will be the same setup as the SwanFest concert series. She has requested that cones be placed in the parking spaces as indicated on the event map at 4 p.m. and the streets to be closed ½ hour prior to the start of the event on Friday. Angie will be contacting Through the Looking Glass to ask permission to allow his parking spaces along Church Street be coned off as well to accommodate more spectators for concert. The Community Room will serve as the rain location. Action Needed: Motion to approve entertainment at the Olde Towne Square, as well as the street closures at 4 p.m. on July 3, ITEM 6 - ITEMS MOVED FROM CONSENT (if necessary) ITEM 7 - PUBLIC COMMENT - Citizens have an opportunity to address the Board for no more than five minutes regarding items not listed on the Agenda. ITEM 8 - MANAGER S REPORT/COMMENTS ITEM 9- COMMISSIONER S COMMENTS ITEM 10 CLOSED SESSION Action Needed: Motion to enter closed session pursuant to NCGS (a) (3) to consult with the attorney in order to preserve the attorney-client privilege, including the matter of the Town Dock at Church Street. ITEM 11 ADJOURNMENT

5 Agenda Item: Consent Request for Board of Commissioners Action March 17, 2015 To: Honorable Board of Commissioners From: Sonia Johnson, Finance Director Through: James Freeman, Interim Town Manager Subject: Tax Refunds Overview: The Onslow County Tax Collector recommends refunds of the below listed taxes. A more detailed list is available in the Finance Office for review. The total refunds recommended are $ Ad Valorem Taxes (as approved by the Onslow Co. Board of Commissioners): Morris Henry Johnson $38.99 Double charged Tax & Tag Motor Vehicle (per the NC Dept of Motor Vehicles) Jason Allen Boucher $23.29 Tag Surrender Donald Milton Ray $14.03 Tag Surrender Sook Chai $81.69 Military Michael Dolph $22.02 Over Assessment Jerry McGill $34.04 Military Dominique Artagos $7.56 Military Louis Colter $ Military Paula Roberson $18.31 Situs Error Walter Roberson $90.55 Situs Error Courtney Holland $2.30 Tag Surrender Action Needed: Motion to approve or deny the above refunds Attachments: None

6 Agenda Item: Consent Request for Board of Commissioners Action March 17, 2015 To: From: Through: Subject: Overview Honorable Board of Commissioners Dwayne Taylor: Interim Chief, Police Department James Freeman, Interim Town Manager Resolution for Adopting Policy for Mutual Assistance with Other Law Enforcement Agencies Swansboro Police Department enters into mutual aid agreements with nearby municipal and county law enforcement agencies to provide aid. As part of the process for entering into these agreements, adopting a resolution authorizing the Chief of Police to enter such agreements is required. Action Needed Approval of Resolution Adopting a Policy for Mutual Assistance with Other Law Enforcement Agencies Attachments Resolution 2015 R4 NCGS 160A-288

7 Resolution Adopting a Policy for Mutual Assistance With Other Law Enforcement Agencies 2015-R4 In the State of North Carolina Board of Commissioners of the Town of Swansboro, North Carolina Whereas, pursuant to North Carolina General Statues 160A-288, the governing body of a city or county may adopt rules, policies and guidelines for the purpose of temporary mutual cooperation and assistance between the Sheriff and other local law enforcement agencies in enforcing the laws of North Carolina; an Whereas, pursuant to North Carolina General Statutes Section 160A-288.2, the governing body of a county may adopt rules, policies and guidelines for the purpose of temporary mutual cooperation and assistance between the Sheriff and state law enforcement agencies in enforcing the laws of North Carolina; and Whereas, the assistance rendered pursuant to North Carolina General Statues Sections 160A- 288 and 160A-288.2, must be accompanied by a written request from the head of a covered law enforcement agency and may consist of loaning officer to a requesting agency to work on a temporary basis with officer of the requesting agency (including in an undercover capacity) and lending equipment and supplies; and Whereas, the Board of Commissioners of the Town of Swansboro deems it to be in the best interest of the Town and its citizens to adopt a policy whereby reciprocal law enforcement assistance can both be rendered to and obtained from other law enforcement agencies; Now, therefore, the Board of Commissioners of the Town of Swansboro doth resolve as follows: 1. That the Chief of Police is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies pursuant to the provisions of North Carolina General Statutes Section 160A-288 and and the Resolution. 2. That the Chief of Police is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies (hereinafter the Requesting Agency ), provided the head of the Requesting Agency makes such request in writing. 3. That the Chief of Police is hereby authorized to permit officers of the Swansboro Police Department to work temporarily with officers of the Requesting Agency, including in an undercover capacity, and may further lend equipment and supplies as agreed upon. 4. That while working with the Requesting Agency, an officer of the Swansboro Police Department shall have and be vested with the same jurisdiction, power, rights, privileges, and immunities as an officer of the Requesting Agency. 5. That the respective liabilities of the parties to the mutual assistance agreement shall be determined in accordance with the provisions of North Carolina General Statues Sections 160A-288 and 160A

8 6. That while on duty with the Requesting Agency, officers of the Swansboro Police Department shall be subject to the lawful operational commands of their superior officer in the Requesting Agency, but for personnel and administrative purposes, said officers shall remain under the control of the officers own agency, including for purposes of pay, workers compensation and those same benefits as when functioning within the normal scope of their duties. 7. That by the act of requesting assistance, the Requesting Agency agrees to comply with all of the terms and conditions enumerated in the Resolution for the furnishing of assistance by the Town of Swansboro. 8. That the mutual aid policy established herein shall govern all requests for assistance received after the date of adoption of this Resolution. Adopted this day of March, 2015 Paula W. Webb, Town of Swansboro Clerk Scott Chadwick, Town of Swansboro Mayor

9 160A-288. Cooperation between law-enforcement agencies. (a) In accordance with rules, policies, or guidelines officially adopted by the governing body of the city or county by which he is employed, and subject to any conditions or restrictions included therein, the head of any law-enforcement agency may temporarily provide assistance to another agency in enforcing the laws of North Carolina if so requested in writing by the head of the requesting agency. The assistance may comprise allowing officers of the agency to work temporarily with officers of the requesting agency (including in an undercover capacity) and lending equipment and supplies. While working with the requesting agency under the authority of this section, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those he normally possesses. While on duty with the requesting agency, he shall be subject to the lawful operational commands of his superior officers in the requesting agency, but he shall for personnel and administrative purposes, remain under the control of his own agency, including for purposes of pay. He shall furthermore be entitled to workers' compensation and the same benefits when acting pursuant to this section to the same extent as though he were functioning within the normal scope of his duties. (b) As used in this section: (1) "Head" means any director or chief officer of a law-enforcement agency including the chief of police of a local department, chief of police of county police department, and the sheriff of a county, or an officer of one of the above named agencies to whom the head of that agency has delegated authority to make or grant requests under this section, but only one officer in the agency shall have this delegated authority at any time. (2) "Law-enforcement agency" means only a municipal police department, a county police department, or a sheriff's department. All other State and local agencies are exempted from the provisions of this section. (c) This section in no way reduces the jurisdiction or authority of State law-enforcement officers. (d) For purposes of this section, the following shall be considered the equivalent of a municipal police department: (1) Campus law-enforcement agencies established pursuant to G.S. 115D-21.1(a) or G.S (a). (2) Colleges or universities which are licensed, or exempted from licensure, by G.S and which employ company police officers commissioned by the Attorney General pursuant to Chapter 74E or Chapter 74G of the General Statutes. (3) Law enforcement agencies operated or eligible to be operated by a municipality pursuant to G.S (2). (4) Repealed by Session Laws , s. 16B.4(d), effective July 1, (5) A Company Police agency of the Department of Agriculture and Consumer Services commissioned by the Attorney General pursuant to Chapter 74E of the General Statutes. (1967, c. 846; 1971, c. 698, s.1; c. 896, s.4; 1977, c. 534; 1981, c. 93, s. 2; 1987, c. 671, s. 4; 1989, c. 518, s. 2; 1991, c. 636, s. 3; 1991 (Reg. Sess., 1992), c. 1043, s. 6; , s. 1; , s. 4; , s. 8; , s. 4; , s. 1; , s. 4; , s. 16B.4(d).)

10 Agenda Item 3 Request for Board of Commissioners Action March 17, 2015 To: Honorable Board of Commissioners From: Paula W. Webb, Admin Services Director/Town Clerk Through: James Freeman, Interim Manager Subject: Planning Board Appointment Overview: One (in-town) seat and two ETJ seats are vacant on the Planning Board. Two citizen applications are on file for the in-town seat. No applications are on file for ETJ seats. Thumbnail resumes for the two applicants are provided below: June Buchanan (received 12/10/13) Town Limits Interested in Planning Board 402 Grey Lag Lane (Hall s Creek North) Coastal Carolina Community College/Human Services Counselor BAS Criminal Justice Current Executive Board Pretrial Resource Center Prior Government Affairs Committee Member Understands jurisdiction/etj concerns, policy prep and development, experience in law enforcement and NC State government agencies, knowledge and skilled in administrative procedures, 9-years experience in reviewing dynamics and needs related to Board of Commissioners Desires to participate and assist the Town in objectives and plans as an advisory board member providing sound advice required by the BOC for their decision making process. Stacie Friebel (received 10/28/14) Town Limits Interested in Planning Board and/or Special Task Force Groups 202 Brook Crossing SHS Media Coordinator Masters from ECU Interact Advisor Youth Leader SUMC, SUMC Women s Circle, Adopt a Highway and hurricane relief (Down East and Haiti) Feels her education and professional backgrounds reflect willingness to learn and accept new challenges she is a native of Swansboro and cares about its citizens. Action Needed: Consider appointment to the in-town seat. Attachments: Town of Swansboro Board List

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14 Agenda Item: 5a. Request for Board of Commissioners Action March 17, 2015 To: Honorable Board of Commissioners From: Anna Stanley, Interim Parks and Recreation Director Through: James Freeman, Interim Town Manager Subject: Event Application: Swansboro Riverview 5K Run, April 12, 2014 Overview Swansboro Parks and Recreation will be hosting the Swansboro Riverview 5K Run on April 11, 2015 at 8am. The 5K Run will take participants on a scenic route along the White Oak River and throughout historical downtown Swansboro. The run will begin and end at the Swansboro Parks and Recreation Department Recreation Center in Municipal Park. Registration will be $20 per participant; registration will be available online at swansboro.recdesk.com. This year the Riverview 5K will be held in conjunction with our annual Touch a Truck event which will be from 10 a.m. to 2 p.m. Touch a Truck provides a unique opportunity for those young and young at heart to explore, climb, touch, learn what the trucks do, how they work, and how they benefit our community. We will also hold the annual fun run that will begin at 9 a.m. Action Needed Approval of event application Attachments Special Event application

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16 Agenda Item: 5b. Request for Board of Commissioners Action March 17, 2015 To: Honorable Board of Commissioners From: Anna Stanley, Interim Parks and Recreation Director Through: James Freeman, Interim Town Manager Subject: Event Application: Run to Him 5K/1 Mile Fun Run Overview Nikki Panos has submitted an event application for a 5K run on May 16, The proposed route will begin and end at the Swansboro Rotary Civic Center. Other town services requested: Possible traffic control and road closures Action Needed Approval of event application Attachments Map/Route

17 Agenda Item: 5c. Request for Board of Commissioners Action March 17, 2015 To: Honorable Board of Commissioners From: Sonia Johnson, Finance Director Through: James Freeman, Interim Town Manager Subject: Sole Source Requests Overview: The Fire Department submitted sole source requests to the Finance Department for the following services. 3. Flow Testing for self-contained breathing apparatus. (Estimated contract amount $ ). 4. Aerial ladder & ground ladder testing. (Estimated contract amount $957.25) In accordance with G.S (e) (6), the governing board has to approve all sole source requests whether it is an informal or formal bid. Action Needed: Motion to approve or deny the following: Sole Source Requests Attachments: Sole Source Justification Checklists NCGS (e)(6)

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20 Procedure for letting of public contracts. (a) Bidding Required. - No construction or repair work requiring the estimated expenditure of public money in an amount equal to or more than five hundred thousand dollars ($500,000) or purchase of apparatus, supplies, materials, or equipment requiring an estimated expenditure of public money in an amount equal to or more than ninety thousand dollars ($90,000) may be performed, nor may any contract be awarded therefor, by any board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, unless the provisions of this section are complied with; provided that The University of North Carolina and its constituent institutions may award contracts for construction or repair work that requires an estimated expenditure of less than five hundred thousand dollars ($500,000) without complying with the provisions of this section. For purchases of apparatus, supplies, materials, or equipment, the governing body of any political subdivision of the State may, subject to any restriction as to dollar amount, or other conditions that the governing body elects to impose, delegate to the manager, school superintendent, chief purchasing official, or other employee the authority to award contracts, reject bids, or readvertise to receive bids on behalf of the unit. Any person to whom authority is delegated under this subsection shall comply with the requirements of this Article that would otherwise apply to the governing body. (b) Advertisement and Letting of Contracts. - Where the contract is to be let by a board or governing body of the State government or of a State institution, proposals shall be invited by advertisement in a newspaper having general circulation in the State of North Carolina. Where the contract is to be let by a political subdivision of the State, proposals shall be invited by advertisement in a newspaper having general circulation in the political subdivision or by electronic means, or both. A decision to advertise solely by electronic means, whether for particular contracts or generally for all contracts that are subject to this Article, shall be approved by the governing board of the political subdivision of the State at a regular meeting of the board. The advertisements for bidders required by this section shall appear at a time where at least seven full days shall lapse between the date on which the notice appears and the date of the opening of bids. The advertisement shall: (i) state the time and place where plans and specifications of proposed work or a complete description of the apparatus, supplies, materials, or equipment may be had; (ii) state the time and place for opening of the proposals; and (iii) reserve to the board or governing body the right to reject any or all proposals. Proposals may be rejected for any reason determined by the board or governing body to be in the best interest of the unit. However, the proposal shall not be rejected for the purpose of evading the provisions of this Article. No board or governing body of the State or political subdivision thereof may assume responsibility for construction or purchase contracts, or guarantee the payments of labor or materials therefor except under provisions of this Article. All proposals shall be opened in public and the board or governing body shall award the contract to the lowest responsible bidder or bidders, taking into consideration quality, performance and the time specified in the proposals for the performance of the contract. In the event the lowest responsible bids are in excess of the funds available for the project or purchase, the responsible board or governing body is authorized to enter into negotiations with the lowest responsible bidder above mentioned, making reasonable changes in the plans and specifications as may be necessary to bring the contract price within the funds available, and may award a contract to such bidder upon recommendation of the Department of Administration in the case of the State government or of a State institution or agency, or upon recommendation of the

21 responsible commission, council or board in the case of a subdivision of the State, if such bidder will agree to perform the work or provide the apparatus, supplies, materials, or equipment at the negotiated price within the funds available therefor. If a contract cannot be let under the above conditions, the board or governing body is authorized to readvertise, as herein provided, after having made such changes in plans and specifications as may be necessary to bring the cost of the project or purchase within the funds available therefor. The procedure above specified may be repeated if necessary in order to secure an acceptable contract within the funds available therefor. No proposal for construction or repair work may be considered or accepted by said board or governing body unless at the time of its filing the same shall be accompanied by a deposit with said board or governing body of cash, or a cashier's check, or a certified check on some bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal to not less than five percent (5%) of the proposal. In lieu of making the cash deposit as above provided, such bidder may file a bid bond executed by a corporate surety licensed under the laws of North Carolina to execute such bonds, conditioned that the surety will upon demand forthwith make payment to the obligee upon said bond if the bidder fails to execute the contract in accordance with the bid bond. This deposit shall be retained if the successful bidder fails to execute the contract within 10 days after the award or fails to give satisfactory surety as required herein. Bids shall be sealed and the opening of an envelope or package with knowledge that it contains a bid or the disclosure or exhibition of the contents of any bid by anyone without the permission of the bidder prior to the time set for opening in the invitation to bid shall constitute a Class 1 misdemeanor. (c) Contract Execution and Security. - All contracts to which this section applies shall be executed in writing. The board or governing body shall require the person to whom the award of a contract for construction or repair work is made to furnish bond as required by Article 3 of Chapter 44A; or require a deposit of money, certified check or government securities for the full amount of said contract to secure the faithful performance of the terms of said contract and the payment of all sums due for labor and materials in a manner consistent with Article 3 of Chapter 44A; and the contract shall not be altered except by written agreement of the contractor and the board or governing body. The surety bond or deposit required herein shall be deposited with the board or governing body for which the work is to be performed. When a deposit, other than a surety bond, is made with the board or governing body, the board or governing body assumes all the liabilities, obligations and duties of a surety as provided in Article 3 of Chapter 44A to the extent of said deposit. The owning agency or the Department of Administration, in contracts involving a State agency, and the owning agency or the governing board, in contracts involving a political subdivision of the State, may reject the bonds of any surety company against which there is pending any unsettled claim or complaint made by a State agency or the owning agency or governing board of any political subdivision of the State arising out of any contract under which State funds, in contracts with the State, or funds of political subdivisions of the State, in contracts with such political subdivision, were expended, provided such claim or complaint has been pending more than 180 days. (d) Use of Unemployment Relief Labor. - Nothing in this section shall operate so as to require any public agency to enter into a contract which will prevent the use of unemployment relief labor paid for in whole or in part by appropriations or funds furnished by the State or federal government. (e) Exceptions. - The requirements of this Article do not apply to:

22 (1) The purchase, lease, or other acquisition of any apparatus, supplies, materials, or equipment from: (i) the United States of America or any agency thereof; or (ii) any other government unit or agency thereof within the United States. The Secretary of Administration or the governing board of any political subdivision of the State may designate any officer or employee of the State or political subdivision to enter a bid or bids in its behalf at any sale of apparatus, supplies, materials, equipment, or other property owned by: (i) the United States of America or any agency thereof; or (ii) any other governmental unit or agency thereof within the United States. The Secretary of Administration or the governing board of any political subdivision of the State may authorize the officer or employee to make any partial or down payment or payment in full that may be required by regulations of the governmental unit or agency disposing of the property. (2) Cases of special emergency involving the health and safety of the people or their property. (3) Purchases made through a competitive bidding group purchasing program, which is a formally organized program that offers competitively obtained purchasing services at discount prices to two or more public agencies. (4) Construction or repair work undertaken during the progress of a construction or repair project initially begun pursuant to this section. (5) Purchase of gasoline, diesel fuel, alcohol fuel, motor oil, fuel oil, or natural gas. These purchases are subject to G.S (6) Purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product are not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration. Notwithstanding any other provision of this section, the governing board of a political subdivision of the State shall approve the purchases listed in the preceding sentence prior to the award of the contract. In the case of purchases by hospitals, in addition to the other exceptions in this subsection, the provisions of this Article shall not apply when: (i) a particular medical item or prosthetic appliance is needed; (ii) a particular product is ordered by an attending physician for his patients; (iii) additional products are needed to complete an ongoing job or task; (iv) products are purchased for "over-the-counter" resale; (v) a particular product is needed or desired for experimental, developmental, or research work; or (vi) equipment is already installed, connected, and in service under a lease or other agreement and the governing body of the hospital determines that the equipment should be purchased. The governing body of a hospital shall keep a record of all purchases made pursuant to this subdivision. These records are subject to public inspection. (7) Purchases of information technology through contracts established by the State Office of Information Technology Services as provided in G.S (b) and G.S (b). (8) Guaranteed energy savings contracts, which are governed by Article 3B of Chapter 143 of the General Statutes.

23 (9) Purchases from contracts established by the State or any agency of the State, if the contractor is willing to extend to a political subdivision of the State the same or more favorable prices, terms, and conditions as established in the State contract. (9a) Purchases of apparatus, supplies, materials, or equipment from contracts established by the United States of America or any federal agency, if the contractor is willing to extend to a political subdivision of the State the same or more favorable prices, terms, and conditions as established in the federal contract. (10) Purchase of used apparatus, supplies, materials, or equipment. For purposes of this subdivision, remanufactured, refabricated or demo apparatus, supplies, materials, or equipment are not included in the exception. A demo item is one that is used for demonstration and is sold by the manufacturer or retailer at a discount. (11) Contracts by a public entity with a construction manager at risk executed pursuant to G.S (12) (Repealed effective July 1, 2015) Build-to-suit capital leases with a private developer under G.S. 115C-532. (f) Repealed by Session Laws , s. 1, effective August 2, (g) Waiver of Bidding for Previously Bid Contracts. - When the governing board of any political subdivision of the State, or the person to whom authority has been delegated under subsection (a) of this section, determines that it is in the best interest of the unit, the requirements of this section may be waived for the purchase of apparatus, supplies, materials, or equipment from any person or entity that has, within the previous 12 months, after having completed a public, formal bid process substantially similar to that required by this Article, contracted to furnish the apparatus, supplies, materials, or equipment to: (1) The United States of America or any federal agency; (2) The State of North Carolina or any agency or political subdivision of the State; or (3) Any other state or any agency or political subdivision of that state, if the person or entity is willing to furnish the items at the same or more favorable prices, terms, and conditions as those provided under the contract with the other unit or agency. Notwithstanding any other provision of this section, any purchase made under this subsection shall be approved by the governing body of the purchasing political subdivision of the State at a regularly scheduled meeting of the governing body no fewer than 10 days after publication of notice that a waiver of the bid procedure will be considered in order to contract with a qualified supplier pursuant to this section. Notice may be published in a newspaper having general circulation in the political subdivision or by electronic means, or both. A decision to publish notice solely by electronic means for a particular contract or for all contracts under this subsection shall be approved by the governing board of the political subdivision. Rules issued by the Secretary of Administration pursuant to G.S (6) shall apply with respect to participation in State term contracts. (h) Transportation Authority Purchases. - Notwithstanding any other provision of this section, any board or governing body of any regional public transportation authority, hereafter

24 referred to as a "RPTA," created pursuant to Article 26 of Chapter 160A of the General Statutes, or a regional transportation authority, hereafter referred to as a "RTA," created pursuant to Article 27 of Chapter 160A of the General Statutes, may approve the entering into of any contract for the purchase, lease, or other acquisition of any apparatus, supplies, materials, or equipment without competitive bidding and without meeting the requirements of subsection (b) of this section if the following procurement by competitive proposal (Request for Proposal) method is followed. The competitive proposal method of procurement is normally conducted with more than one source submitting an offer or proposal. Either a fixed price or cost reimbursement type contract is awarded. This method of procurement is generally used when conditions are not appropriate for the use of sealed bids. If this procurement method is used, all of the following requirements apply: (1) Requests for proposals shall be publicized. All evaluation factors shall be identified along with their relative importance. (2) Proposals shall be solicited from an adequate number of qualified sources. (3) RPTAs or RTAs shall have a method in place for conducting technical evaluations of proposals received and selecting awardees, with the goal of promoting fairness and competition without requiring strict adherence to specifications or price in determining the most advantageous proposal. (4) The award may be based upon initial proposals without further discussion or negotiation or, in the discretion of the evaluators, discussions or negotiations may be conducted either with all offerors or with those offerors determined to be within the competitive range, and one or more revised proposals or a best and final offer may be requested of all remaining offerors. The details and deficiencies of an offeror's proposal may not be disclosed to other offerors during any period of negotiation or discussion. (5) The award shall be made to the responsible firm whose proposal is most advantageous to the RPTA's or the RTA's program with price and other factors considered. The contents of the proposals shall not be public records until 14 days before the award of the contract. The board or governing body of the RPTA or the RTA shall, at the regularly scheduled meeting, by formal motion make findings of fact that the procurement by competitive proposal (Request for Proposals) method of procuring the particular apparatus, supplies, materials, or equipment is the most appropriate acquisition method prior to the issuance of the requests for proposals and shall by formal motion certify that the requirements of this subsection have been followed before approving the contract. Nothing in this subsection subjects a procurement by competitive proposal under this subsection to G.S , , or RPTAs and RTAs may adopt regulations to implement this subsection. (i) Procedure for Letting of Public Contracts. - The Department of Transportation ("DOT"), The University of North Carolina and its constituent institutions ("UNC"), and the Department of Administration ("DOA") shall monitor all projects in those agencies and institutions that are let without a performance or payment bond to determine the number of defaults on those projects, the cost to complete each defaulted project, and each project's contract price. Beginning March 1, 2011, and annually thereafter, DOT, UNC, and DOA shall report this information to the Joint Legislative Committee on Governmental Operations.

25 (j) [Use of E-Verify Required. -] No contract subject to this section may be awarded by any board or governing body of the State, institution of State government, or any political subdivision of the State unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the General Statutes. (1931, c. 338, s. 1; 1933, c. 50; c. 400, s. 1; 1937, c. 355; 1945, c. 144; 1949, c. 257; 1951, c. 1104, ss. 1, 2; 1953, c. 1268; 1955, c. 1049; 1957, c. 269, s. 3; c. 391; c. 862, ss. 1-4; 1959, c. 392, s. 1; c. 910, s. 1; 1961, c. 1226; 1965, c. 841, s. 2; 1967, c. 860; 1971, c. 847; 1973, c. 1194, s. 2; 1975, c. 879, s. 46; 1977, c. 619, ss. 1, 2; 1979, c. 182, s. 1; 1979, 2nd Sess., c. 1081; 1981, c. 346, s. 1; c. 754, s. 1; 1985, c. 145, ss. 1, 2; 1987, c. 590; 1987 (Reg. Sess., 1988), c. 1108, ss. 7, 8; 1989, c. 350; 1993, c. 539, s. 1007; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 367, s. 6; , ss. 1-4; , s. 1; , s. 16; , s. 1; , s. 88; , ss. 4, 5; , s. 1; , s. 2; , s. 1; , s. 4; , s. 6; , s. 1.2; , s. 1; , s. 2(c).)

26 Agenda Item: 5d. Request for Board of Commissioners Action March 17, 2015 To: Honorable Board of Commissioners From: Sonia Johnson, Finance Director Through: James Freeman, Interim Town Manager Subject: Budget Ordinance Amendment # Overview: The Budget Ordinance for Fiscal Year needs to be amended for the following items: 4. Public Safety Department: $1768 was received for the Child Safety Partnership Program. These funds will be utilized for expenses related to that program. The program expenses are in the Public Safety Department. Source of Funds: Child Safety Partnership 5. Public Building Department: The heating/air unit for the existing Public Safety Building needs to be replaced. Funding in the amount of $10,000 will be taken from the Fund Balance for this emergency repair. Source of Funds: Fund Balance 6. Public Safety Department: The Fire Department received a $1194 grant from the N.C. Forest Service for wildland firefighting personal protective clothing and equipment. The Town has a match $1194 match which will be taken from the Public Safety Department. Source of Funds: Grant Fire Action Needed: Motion to approve or deny the following: Budget Ordinance Amendment # Attachments: Budget Ordinance Amendment #2015-4

27 AN ORDINANCE AMENDING THE ANNUAL BUDGET FOR FY 14/15 BUDGET ORDINANCE AMENDMENT # BE IT ORDAINED by the Board of Commissioners of the Town of Swansboro that the following amendment be made to the annual budget ordinance for fiscal year ending June 30, 2015: Section 1. To amend the General Fund budget, the following changes are to be made: Increase Appropriations Public Safety Department $ 2,962 Public Buildings Department $ 10,000 Revenues Child Safety Partnership $ 1,768 Grant-Fire $ 1,194 Appropriated Fund Balance $ 10,000 Section 2. Copies of this budget amendment shall be furnished to the Town Clerk, the Budget Officer, and the Finance Director, to carry out their duties. Adopted by the Board of Commissioners in regular session, March 17, Attest: Scott Chadwick, Mayor Paula Webb, Town Clerk

28 Agenda Item: 5e. Request for Board of Commissioners Action March 17, 2015 To: Honorable Board of Commissioners From: Anna Stanley, Interim Parks and Recreation Director Through: Jim Freeman, Interim Town Manager Subject: Event Application: Band of the South Overview Angie Cooper of Seaside Arts Council has submitted an event application for the Band of the South concert on stage at Olde Towne Square July3, 2015, 4-9 p.m. The setup and street closures will be the same setup as the SwanFest concert series. She has requested that cones be placed in the parking spaces as indicated on the event map at 4 p.m and the streets to be closed ½ hour prior to the start of the event on Friday. Angie will be contacting Hal Silver of Through the Looking Glass ask permission to allow his parking spaces along Church Street to be coned off as well to accommodate more spectators for concert. (Pending confirmation from Angie) The Community Room will serve as the rain location with the stipulation of contacting Brittany Shipp, Parks and Recreation Director or Anna Stanley, Program Supervisor a minimum of 2 hours prior to the show time. Action Needed Approval of event application Cones to be placed at 4 p.m. and streets closed ½ hour prior to start of the event.