Council Regular Meeting

Agenda
Council Regular Meeting

Thursday, June 20, 2019
6:00 p.m.
Council Chambers
Page
1. 6:00 P.M. - CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF THE AGENDA
5. ANNOUNCEMENTS
6. PRESENTATIONS
6.1 None.
7. PUBLIC COMMENT
7.1 Please note that these proceedings, including the Public Comment portion, are
being live streamed and videotaped. The public and media also may videotape
these proceedings at any time.
8. APPROVAL OF CONSENT AGENDA

(Items on the consent agenda are considered routine in nature or have been
thoroughly discussed at previous meetings. Any member of the Council may request to
have an item removed from the consent agenda for further discussion.)
POTENTIAL ACTION: Approve the Consent Agenda as presented.
8.1. Minutes
8.1.1 Approval of the Council Meeting Minutes: 7 - 41
May 2, 2019 - Special Meeting Lanvale Forest
May 2, 2019 - Special Meeting Bishops Ridge
May 13, 2019 Special Meeting
May 13, 2019 - Closed Session
May 20, 2019 - Agenda Meeting
May 23, 2019 - Regular Meeting
June 3, 2019 - Special Meeting
Council Regular Meeting - 20 Jun 2019 Page 2 of 294

RFA-19-0859 - Approval of the Council Meeting Minutes: May 2, 2019 -
Special Meeting Lanvale Forest, May 2, 2019 - Special Meeting Bishops
Ridge, May - Pdf
8.2. Administration
8.2.1 Resolution R19-054 Amending Town of Leland Rules of Procedure for 43 - 64
Boards and Committees
RFA-19-0866 - Resolution R19-054 Amending Town of Leland Rules of
Procedure for Boards and Committees - Pdf
8.2.2 Resolution R19-062 Authorizing the Town Manager to Execute an Interlocal 65 - 72
Inspections Services Agreement with the Town of Navassa
RFA-19-0879 - Resolution R19-062 Authorizing the Town Manager to
Execute an Interlocal Inspections Services Agreement with the Town of
Navassa - Pdf
8.2.3 Resolution R19-063 Authorizing the Town Manager to Execute an Interlocal 73 - 80
Inspections Services Agreement with the Town of Sandy Creek
RFA-19-0880 - Resolution R19-063 Authorizing the Town Manager to
Execute an Interlocal Inspections Services Agreement with the Town of
Sandy Creek - Pdf
8.3. Public Services
8.3.1 Resolution R19-060 Authorizing the Town Manager to Issue a Notice of 81 - 97
Award for the Mallory Creek Patching Project
RFA-19-0877 - Resolution R19-060 Authorizing the Town Manager to Issue a
Notice of Award for the Mallory Creek Patching Project - Pdf
8.4. Police Services
8.4.1 Ordinance O19-024 Amending Chapter 14 Buildings and Building 99 - 102
Regulations, Section 14-155 Nuisance Alarms of the Code of Ordinances,
Town of Leland, North Carolina
RFA-19-0881 - Ordinance O19-024 Amending Chapter 14 Buildings and
Building Regulations, Section 14-155 Nuisance Alarms of the Code of
Ordinances, Town - Pdf
8.4.2 Ordinance O19-025 Amending Chapter 10 Animals, Article IV. Animal 103 - 112
Control of the Code of Ordinances, Town of Leland, North Carolina
RFA-19-0883 - Ordinance O19-025 Amending Chapter 10 Animals, Article IV.
Animal Control of the Code of Ordinances, Town of Leland, North Carolina -
Pdf
8.4.3 Ordinance O19-026 Amending Chapter 18 Businesses and Business 113 - 116
Regulations, Section 18-46 Peddlers and Solicitors of the Code of
Ordinances, Town of Leland, North Carolina
RFA-19-0884 - Ordinance O19-026 Amending Chapter 18 Businesses and

Business Regulations, Section 18-46 Peddlers and Solicitors of the Code of
Ordinanc - Pdf
8.5. Planning & Building Inspections
8.5.1 Resolution R19-046 of the Town Council of Leland, North Carolina Updating 117 - 127
the Fee Schedules for the Planning and Inspections Department
RFA-19-0864 - Resolution R19-046 of the Town Council of Leland, North
Carolina Updating the Fee Schedules for the Planning and Inspections
Department - Pdf
8.5.2 Resolution R19-047 to Approve a New Improvement Guarantee Agreement 129 - 137
With Grayson Park Development, Inc. for the Guarantee of Installation of
Public Improvements in Certain Sections Within Grayson Park Subdivision,
Phase 2B Section 1
RFA-19-0865 - Resolution R19-047 to Approve a New Improvement
Guarantee Agreement With Grayson Park Development, Inc. for the
Guarantee of Installatio - Pdf
8.5.3 Resolution R19-056 Authorizing the Reductions of Three Improvement 139 - 156
Guarantee Agreements with Funston Land & Timber, LLC for the
Completion of Certain Public Improvements in Certain Sections within
Brunswick Forest PUD
RFA-19-0868 - Resolution R19-056 Authorizing the Reductions of Three
Improvement Guarantee Agreements with Funston Land & Timber, LLC for
the Completi - Pdf
8.5.4 Resolution R19-059 to Approve a New Improvement Guarantee Agreement 157 - 167
With Pinnacle Property Investments, Inc for the Guarantee of Installation of
Public Improvements in Certain Sections Within Phase 1 of The Pinnacle at
Mallory Creek Plantation
RFA-19-0876 - Resolution R19-059 to Approve a New Improvement
Guarantee Agreement With Pinnacle Property Investments, Inc for the
Guarantee of Install - Pdf
8.6. Economic and Community Development
8.6.1 Resolution R19-057 of the Leland Town Council Setting the Date for the 169 - 181
Referendum Vote on the Question of Annexation of the Proposed
Annexation Area in Accordance with N.C.G.S. §160A-58.55 and N.C.G.S.
§160A-58.64
RFA-19-0874 - Resolution R19-057 of the Leland Town Council Setting the
Date for the Referendum Vote on the Question of Annexation of the
Proposed Ann - Pdf
8.6.2 Resolution R19-045 of the Town of Leland, North Carolina Directing the 183 - 186
Town Clerk to Investigate a Petition for Voluntary Annexation Received
from Buster Development, LLC under N.C.G.S. §160A-31 for a Contiguous

Property Identified in the Brunswick County Tax Records as Parcel Nos.
0460040, 04600041, 0460004601, 04600046, 0460003903, and 046LA061.
RFA-19-0863 - Resolution R19-045 of the Town of Leland, North Carolina
Directing the Town Clerk to Investigate a Petition for Voluntary Annexation
Rec - Pdf
8.7. Finance
8.7.1 Budget Ordinance Making Appropriations to the General Fund for the Fiscal 187 - 188
Year Beginning July 1, 2019
BO19-001 - Budget Ordinance Making Appropriations to the General Fund
Fiscal Year Beginning July 1, 2018 - Pdf
8.7.2 Budget Ordinance Making Appropriations to the Powell Bill for the Fiscal 189
Year Beginning July 1, 2019
BO19-002 - Budget Ordinance Making Appropriations to the Powell Bill
Fiscal Year Beginning July 1, 2018 - Pdf
8.7.3 Budget Ordinance Making Appropriations to the Public Utility Enterprise 191
Fund for the Fiscal Year Beginning July 1, 2019
BO19-003 - Budget Ordinance Making Appropriations to the Utility
Enterprise FundFiscal Year Beginning July 1, 2018 - Pdf
8.7.4 Budget Ordinance Making Appropriations to the Cultural Arts Center 193
Enterprise Fund for the Fiscal Year Beginning July 1, 2019
BO19-004 - Budget Ordinance Making Appropriations to the Cultural Arts
Center Enterprise FundFiscal Year Beginning July 1, 2018 - Pdf
8.7.5 Budget Ordinance Making Appropriations to the Leland Tourism 195
Development Authority for the Fiscal Year Beginning July 1, 2019
BO19-005 - Budget Ordinance Making Appropriations to the Leland Tourism
Development Authority Fiscal Year Beginning July 1, 2018 - Pdf
8.7.6 Budget Officer Authorization Resolution for the Fiscal Year Beginning July 1, 197
2019
R19-048 - Budget Officer Authorization Resolution for the Fiscal Year
Beginning July 1, 2019 - Pdf
8.7.7 Resolution Approving Financial Policies for the Fiscal Year Beginning July 1, 199 - 202
2019
R19-049 - Resolution Approving Financial Policies for the Fiscal Year
Beginning July 1, 2019 - Pdf
8.7.8 Resolution Appointing the Tax Collector, Deputy Tax Collector, and Order of 203
Collection for the Fiscal Year Beginning July 1, 2019
R19-050 - Resolution Appointing the Tax Collector, Deputy Tax Collector,
and Order of Collection for the Fiscal Year Beginning July 1, 2019 - Pdf
8.7.9 Resolution Approving the Infrastructure - Public Utility Enterprise Fund 205 - 207
Capital Improvement Plan Fiscal Year Beginning July 1, 2019
R19-051 - Resolution Approving the Infrastructure - Public Utility Enterprise
Fund Capital Improvement Plan Fiscal Year Beginning July 1, 2019 - Pdf
8.7.10 Resolution Approving the Governmental Fund Capital Improvement Plan 209 - 214
Fiscal Year Beginning July 1, 2019
R19-052 - Resolution Approving the Governmental Fund Capital
Improvement Plan Fiscal Year Beginning July 1, 2019 - Pdf
8.7.11 Resolution Approving Appropriations for Economic Development Purposes 215
in the 2019/2020 Budget for the Town of Leland in Accordance With
N.C.G.S. §158-7.1
R19-053 - Resolution Approving Appropriations for Economic Development
Purposes in the 2019/2020 Budget for the Town of Leland in Accordance
With N.C.G.S. §158-7.1 - Pdf
8.7.12 Budget Amendment BA19-014 Appropriate $710,381.50 from the Public 217 - 219
Utility Enterprise Fund to the Public Utility Reserve Fund for Water and
Wastewater System Development Fee Revenue
RFA-19-0882 - Budget Amendment BA19-014 Appropriate $710,381.50
from the Public Utility Enterprise Fund to the Public Utility Reserve Fund for
Water and Wastewater System Development Fee Revenue - Pdf
9. BOARD/COMMITTEE APPOINTMENTS
10. DISCUSSION TOPICS
11. OLD/NEW BUSINESS

11.1 Staff Reports 221 - 263
June Council Meeting Department Staff Reports
11.2 Board/Committee Monthly Reports - May, 2019 265 - 294
RFA-19-0861 - Board/Committee Monthly Reports - May, 2019 - Pdf
11.3 Council Reports
12. CLOSED SESSION
13. ADJOURNMENT
14. NEXT MEETING DATE

The next meeting date for Council's Regular Meeting will be held on July 18, 2019.
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REQUEST FOR ACTION RFA-19-0859
Meeting Date: May 23, 2019

Prepared By: Sabrena Reinhardt
MEETING TYPE: Council Regular Meeting
TITLE: Approval of the Council Meeting Minutes: May 2, 2019 - Special Meeting Lanvale
Forest, May 2, 2019 - Special Meeting Bishops Ridge, May 13, 2019 Special Meeting,
May 13, 2019 - Closed Session, May 20, 2019 - Agenda Meeting, May 23, 2019 -
Regular Meeting
PURPOSE: To approve the following meeting minutes:

May 2, 2019 - Special Meeting Lanvale Forest
May 2, 2019 - Special Meeting Bishops Ridge
May 13, 2019 Special Meeting
May 20, 2019 - Agenda Meeting
May 23, 2019 - Regular Meeting
BACKGROUND: Council held a series of meetings. The Town Clerk provides a record of the meeting
minutes as per N.C. G.S. 143.318.10 (e).
SUMMARY: The Town Clerk is requesting that the Town Council review the minutes for the
Town's records.
SUPPORT OF STUDIES N/A

OR PLANS:
FINANCIAL: N/A
ALTERNATIVES: N/A
RECOMMENDATION: The Town Clerk is requesting that Council approve the set of meeting minutes to be
placed in the Town's historical archive.
Request for Action Page 1 of 35

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TOWN OF LELAND
Council Special Meeting Minutes
Thursday, May 2, 2019 at 6:00 p.m.
ASSEMBLY
The Town of Leland Council Special Meeting was held on Thursday, May 2, 2019 at 6:00 p.m. at Council
Chambers for the purpose of the proposed annexation for Lanvale Forest.
PRESENT: Pat Batleman, Brenda Bozeman, Michael R. Callahan, Bob Campbell, and Bob
Corriston
. .
ABSENT:
. .
ALSO David Hollis, Town Manager; Ben Andrea, Planning and Building Inspections Director;
PRESENT: Niel Brooks, Assistant Town Manager; Sabrena Reinhardt, Town Clerk/Administrative
Manager; Missy Rhodes, Assistant Town Manager; Gary Vidmar, Economic and
Community Development Director; and Brian Edes, Town Attorney.
1. 6:03 P.M. - Call to Order

1.1
Mayor Bozeman called the meeting to order at 6:03 p.m.
2. Invocation
2.1
Councilmember Callahan provided the invocation.
3. Pledge of Allegiance
3.1
The Pledge of Allegiance was recited.
There were 12 people in the audience.
4. Approval of the Agenda

4.1
ACTION: Motion to approve the agenda as presented.
Motion: Pat Batleman
Second: Bob Corriston
Vote: UNANIMOUS
5. Public Hearing - Lanvale Forest Annexation
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5.1 Public Hearing in Connection with the Proposed Annexation of Property into the Town of Leland,
NC in Accordance with N.C.G.S. §160A-58.55
Mayor Bozeman opened the public hearing.

Mr. Vidmar stated the following regarding the Lanvale Forest Annexation public hearing:
Annexation of Lanvale Forest Subdivision Phase 1, Sections 1, 2, and 3; Lanvale Forest Subdivision
Phase 2, Sections 1 – 7; and several parcels lying to the north of Lanvale Forest Phase 2, Section 1 as
shown on that map recorded in Map Cabinet 36 on Page 445 in the Brunswick County Registry
A complete copy of the Report to Provide Services to the Area Proposed to be Annexed is available
at the office of the Town Clerk in Leland Town Hall.
Pursuant to N.C.G.S. § 160A-58.55, a municipality must first pass a Resolution of Consideration
before initiating an annexation of territory to extend the Town’s corporate limits by either a metes
and bounds legal description or a map; the Resolution of Consideration was adopted on November
30, 2017
On December 20, 2018, a Resolution of Intent was adopted by Council for the purpose of
continuing the annexation process pursuant to N.C.G.S. § 160A-58.55 and the referendum date was
set for November 5, 2019
On January 2, 2019, a Combination Notice of Public Informational Hearing, Public Hearing, and
Opportunity for Water and Sewer Service ("Combined Notice") was mailed to the property owners
of real property located within the area to be annexed as shown in the Brunswick County tax
records
On January 4, 2019, Council approved a report setting forth plans to provide services to the area
proposed to be annexed ("Services Report") pursuant to N.C.G.S. § 160A-58.53.
On February 7, 2019, a Public Informational Meeting was held pursuant to N.C.G.S. § 160A-58.55.
Tonight’s Public Hearing notice was published in the Star News and a notice of the Public Hearing
was mailed to all residents and property owners in the proposed annexation area
Services to be provided:
The Leland Police Department, under N.C.G.S. § 15A-402(c), presently provides police protection to
the proposed area to be annexed and will continue to provide police protection upon annexation at
no additional cost to the area proposed to be annexed. Police protection services will therefore be
provided on substantially the same basis and in the same manner as such services are provided
within the rest of the Town of Leland.
The Town of Leland currently provides fire protection to the area proposed for annexation and will
continue to provide fire protection upon annexation at no additional cost. Fire protection services
will therefore be provided on substantially the same basis and in the same manner as such services
are provided within the rest of the Town of Leland.
Solid waste collection for residential properties both in the Town of Leland and the proposed area
to be annexed is presently provided by Brunswick County and will continue to be provided by
Brunswick County upon annexation at no additional cost. Recycling collection will be provided by
the Town at no cost to the residents. Solid waste and recycling collection services will therefore be
provided on substantially the same basis and in the same manner as such services are provided
within the rest of the Town of Leland.
Council Special Meeting Page 3 of 35 May 2, 2019

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Page 3 of 5
Street maintenance services will be provided by the Town of Leland to the proposed area to be
annexed upon annexation with additional street maintenance expenditures funded within the
Town’s operational budget as of the effective date of the annexation. Street maintenance services
will therefore be provided on substantially the same basis and in the same manner as such services
are provided within the rest of the Town of Leland.
On November 30, 2017, Council approved an agreement with M&JM (NC), LLC which stipulates
that, contingent on the success of the proposed annexation and M&JM (NC), LLC conveying fee
simple title to the Town of Leland of the annexed streets in Lanvale Forest Phases 1 and 2, the
Town shall make repairs and improvements to the existing streets to the extent required in order to
bring such streets to existing standards for public streets within the Town. A revised agreement
with a few minor changes will be voted on by Council tonight immediately following this hearing.
Staffing:
At this time, it is determined no additional staffing requirements of police, fire, or street
maintenance would be required, although some portion of additional street maintenance
expenditures would be funded within the Town’s operational budget as of the effective date of the
annexation ordinance.
Information requesting water and sewer service to individual lots:
Brunswick Water and Sewer H2GO (“H2GO”), a sanitary district organized and existing under the
laws of the state of North Carolina (Article 2 of Chapter 130A of the General Statutes), presently
provides water and sewer services to the proposed area to be annexed. It is conservatively
estimated that in excess of eighty percent (80%) of the property owners of real property located in
the area proposed to be annexed are already receiving water and/or sewer services from H2GO.
Accordingly, the Town of Leland believes that this proposed annexation meets the requirements of
N.C.G.S. § 160A-58.56(a) as the residents of the area proposed to be annexed are presently
serviced by a “public water or sewer system” and not by the Town of Leland.
Pursuant to N.C.G.S. § 160A-58.56,(b)(1), within five business days of the passage of the Resolution
of Intent, the Town of Leland notified the property owners located within the area proposed to be
annexed, in writing, of the opportunity to have water and sewer lines and connections installed at
no cost to the property owner. None of the property owners in the area proposed to be annexed
are existing utility customers of the Town of Leland. Accordingly, pursuant to N.C.G.S. § 160A-
58.56(b)(4), the Town may nevertheless proceed with the annexation despite that a majority of the
property owners failed to respond favorably to the offer to obtain water and sewer services.
Mr. Vidmar educated the audience regarding the annexation timeline of events that are required
to take place per State statute. He also explained the voting and appeal process.
Staff will propose to Council that the annexation ordinance include the approval of vested rights
within Lanvale Forest Phases 1 and 2. If approved by Council, vested rights would be based upon a
preliminary subdivision plat and development plans that were approved by Brunswick County.
Upon approval of vested rights, property owners in Lanvale Forest Phases 1 and 2 will not be
required to bring their lots and homes into compliance with the Town of Leland zoning ordinance.
Councilmember Campbell arrived at 6:30 p.m.
Mr. Edes reminded Council and the audience the State Statute requires the Town to provide and
present the residents their statutory rights regarding the annexation.
Mr. Edes stated the agreement for M&JM (NC), LLC is not a development agreement; it is more of a

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Page 4 of 5
maintenance agreement.
Todd Dirkson, 891 Heartwood Loop Road East. He has been asked to be on the annexation
committee for Lanvale Forest. The committee requested comments for or against from the
residents. No comments were received from the residents.
Dominick Falank, Jr., 8553 Primm Forest Drive. He thanked the Town Council for considering the
annexation. He is speaking for himself tonight even though he is the Lanvale Forest HOA President.
He is anxious to get the Town of Leland and M&JM (NC), LLC agreement emailed to him. Most of
the community is for this annexation. The Lanvale Forest HOA members are going to educate the
community.
Mayor Bozeman closed the public hearing.
6. Public Hearing - Agreement Between Town of Leland and M&JM (NC), LLC
6.1 An Agreement Between the Town of Leland, North Carolina and M&JM (NC) LLC in Connection with
the Proposed Annexation of Territory in Brunswick County, North Carolina

Mr. Vidmar reminded Council and the audience the history of the agreement with the Town of
Leland and M&JM (NC), LLC. The Town would be obligated to complete the repairs within 18
months, if reasonably possible upon the annexation after recording the deed.
Councilmember Callahan asked if there were attachments associated with the agreement. Mr.
Vidmar replied yes.
Mayor Bozeman closed the public hearing
ACTION: Motion to accept the agreement between the Town of Leland, North Carolina and
M&JM (NC) LLC in connection with the proposed annexation of territory in Brunswick
County, North Carolina.
Motion: Brenda Bozeman
Second: Michael R. Callahan
Vote: UNANIMOUS
7. Adjournment
7.1
ACTION: Motion to adjourn the meeting at 6:45 p.m.
Motion: Michael R. Callahan
Vote: UNANIMOUS
Adopted at a regular meeting on June 20, 2019.
Attest:
_____________________________ _____________________________
Sabrena Reinhardt, Town Clerk Brenda Bozeman, Mayor

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TOWN OF LELAND
ASSEMBLY
The Town of Leland Council Special Meeting was held on Thursday, May 2, 2019 at 7:30 p.m. at Council
Chambers for the purpose of Bishops Ridge Annexation.
Corriston
. .
ABSENT:
. .
ALSO David Hollis, Town Manager; Ben Andrea, Planning & Building Inspections Director;
PRESENT: Niel Brooks, Assistant Town Manager; Sabrena Reinhardt, Town Clerk/Administrative
Manager; Missy Rhodes, Assistant Town Manager; Gary Vidmar, Economic and
Community Development Director; and Brian Edes, Town Attorney.

1.1
Mayor Bozeman called the meeting to order at 7:30 pm
2. Invocation
2.1
Councilmember Campbell provided the invocation.
3.1

4.1
Vote: UNANIMOUS
5. Closed Session - Consult with the Town Attorney
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Page 2 of 4
5.1
Mr. Hollis announced the closed session was regarding litigation with Belville and H2GO. Mr. Edes
will not attend the closed session meeting regarding the litigation.
Mr. Hollis added that Mr. Edes will be invited into the closed session when the Council is ready to
consult with the Town Attorney on a different matter.
ACTION: Motion to go into closed session.

Vote: UNANIMOUS
ACTION: Motion to come out of closed session.
Vote: UNANIMOUS
5.2
Mayor Bozeman said no action was taken by the Town Council.
6. Public Hearing - Bishops Ridge Annexation

6.1 Ordinance O19-009 to Extend the Corporate Limits of the Town of Leland, North Carolina in
Connection with the Annexation of Tax Parcel No. 05700055 in Brunswick County, North Carolina

Mr. Vidmar reminded Council that a vote was taken by Council at the last Council Regular Meeting.
There was a simple majority voting in favor of the annexation ordinance. Since there was not a
super majority a second reading is required. Mr. Vidmar provided the background on the
annexation application and said the proposed annexation is consistent with the Town's 2020
Master Plan.
Mayor Bozeman said no one signed up to speak for the public hearing.
ACTION: Motion to adopt Ordinance O19-009 to Extend the Corporate Limits of the Town of
Leland, North Carolina in Connection with the Annexation of Tax Parcel No. 05700055
in Brunswick County, North Carolina.
Vote: UNANIMOUS
7. Public Hearing - Bishops Ridge Amend Zoning Map

7.1 Ordinance O19-010 to Approve the Initial Zoning of Tax Parcel No. 05700055 in Brunswick County,
North Carolina

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Mr. Vidmar provided the background for the annexation application for the initial zoning and also
informed Council of the following:
Town Code of Ordinances Section 66-32(3) – Planning Board shall review zoning map amendments
and make recommendation to Council; Council is not bound by the recommendation
The public hearing was properly advertised, owners of adjacent properties were properly notified
and the property was properly posted pursuant to Sections 66-32(2)a and 66-32(2)b in the Town
Ordinance
Present Zoning:
Annexation Parcel No. 05700085 – C-LD Commercial Low Density District (BC)
Other Surrounding Parcels – C-LD Commercial Low Density District (BC); R-6 Residential District
(TOL); RR Rural Low Density (BC)
C-LD Allowable Density – 13.6 units per acre
Proposed Zoning:
R-6 Medium Density with Performance Standards Residential District
Allowable Density – 7 units per acre
Mr. Vidmar stated the proposed zoning of R-6 was consistent with the Town's 2020 Master Plan.
Mayor Bozeman stated no one signed up to speak for the public hearing.
ACTION: Motion to adopt Ordinance O19-010 and the Statement of Consistency, affirming that
the proposed zoning map amendment is consistent with the Town's adopted land use
plans and is reasonable and in the public interest.
Second: Bob Campbell
Vote: UNANIMOUS
8. Public Hearing - Bishops Ridge - Development and Economic Development Agreement

8.1 Ordinance O19-008 Approving a Development and Economic Development Agreement Between
the Town of Leland, North Carolina and Bishops Ridge LLC in Connection with the Proposed
Annexation of Tax Parcel No. 05700055 in Brunswick County

Mr. Vidmar provided a summary regarding the development and economic development
agreement.
Mr. Vidmar stated the reasons for the proposed economic development incentives are as follows:
• Reduce developer’s financial risk
• Expand the Town’s tax base
• Increase tax revenue

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• Share cost of public infrastructure with the developer
• Provide new business prospects
• Expand Town’s utility services
Councilmember Callahan asked how the sewer system development fee is paid. Mr. Vidmar
replied it depends on how they are building. In a single phase it would be one lump sum and if
done in two phases there would be two payments.
Councilmember Batleman stated funding for the proposed incentive payment would not come
from property taxes but from utility system development fees.
ACTION: Motion to adopt Ordinance O19-008 approving a development and economic

development agreement between the Town of Leland, North Carolina and Bishops
Ridge LLC in connection with the proposed annexation of tax parcel no. 05700055 in
Brunswick County.
Vote: UNANIMOUS
9. Adjournment
9.1
Motion: Bob Corriston
Vote: UNANIMOUS
Attest:
_____________________________ _____________________________

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TOWN OF LELAND
Monday, May 13, 2019 at 10:00 a.m.
ASSEMBLY
The Town of Leland Council Special Meeting was held on Monday, May 13, 2019 at 10:00 a.m. at Council
Chambers for the purpose of a Closed Session Meeting with the General Counsel and Attorney.
PRESENT: Pat Batleman, Brenda Bozeman, Michael R. Callahan (via teleconference), Bob
Campbell and Bob Corriston.
. .
ABSENT:
. .
ALSO David Hollis, Town Manager; Niel Brooks, Assistant Town Manager; Sabrena
PRESENT: Reinhardt, Town Clerk/Administrative Manager; Missy Rhodes, Assistant Town
Manager; Hilary Snow, Communications Officers; Joe Dowdy, Legal Counsel; and John
Wessell, Attorney.
1. 10:00 a.m. - Call to Order

1.1
Mayor Bozeman called the meeting to order at 10:00 a.m.
2. Invocation
2.1
Mayor Bozeman provided the invocation.
3.1
There was no one in the audience.

4.1
Motion to approve the agenda as presented.

Vote: UNANIMOUS
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4.2
ACTION: Motion to suspend any rules of procedure for this meeting that restrict the
participation of a Council member from actively participating via teleconference.
Vote: UNANIMOUS
5. Closed Session
5.1
ACTION: Motion to go into closed session regarding the Town of Belville/H2Go lawsuit.
Motion: Bob Campbell
Second: Brenda Bozeman
Vote: UNANIMOUS
5.2
ACTION: Motion to come out of closed session.
Second: Pat Batleman
Vote: UNANIMOUS
5.3
Mayor Bozeman stated no action was taken by Council.
6. Adjournment
6.1
ACTION: Motion to adjourn the meeting at 11:56 a.m.
Vote: UNANIMOUS
Attest:
_____________________________ _____________________________

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TOWN OF LELAND
CLOSED SESSION - COUNCIL MEETING
MONDAY, MAY 13, 2019
ASSEMBLY
The Town of Leland Council held a closed session meeting during their Special Meeting on May
13, 2019 at Leland Town Hall, 102 Town Hall Drive.
143-318.11. (A) (3) CLOSED SESSION MEETING TO CONSULT WITH THE JOE DOWDY, LEGAL COUNSEL
AND JOHN WESSELL, ATTORNEY.
The Town Clerk has provided the Town Council with the closed session minutes for review. The
minutes function as the official record documenting board actions. The Council approves the
minutes reflecting accurate action taken.
______________________________
Sabrena Reinhardt, Town Clerk
(SEAL)
Approval Date: June 20, 2019
Town Council Closed Session Page

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TOWN OF LELAND
Council Agenda Meeting Minutes
Monday, May 20, 2019 at 11:00 a.m.
ASSEMBLY
The Town of Leland Council Agenda Meeting was held on Monday, May 20, 2019 at 11:00 a.m. at the Cape Fear
Training Room.
Corriston
. .
ABSENT:
. .
ALSO David Hollis, Town Manager; Ben Andrea, Planning and Building Inspections
PRESENT: Director; Niel Brooks, Assistant Town Manager; Christa Dees, Human Resources
Director; John Grimes, Fire Chief; Carly Hagg, Finance Director; Mike James, Police
Chief; Sabrena Reinhardt, Town Clerk/Administrative Manager; Missy Rhodes,
Assistant Town Manager; Wyatt Richardson, Operations Services Director; Hilary
Snow, Communications Officer; Lynn Vetter, Public Services Manager; and Gary
Vidmar, Economic and Community Development Director.
1. 11:03 a.m. - Call to Order

1.1
Mayor Bozeman called the meeting to order at 11:03 a.m.
A quorum of the Council was present.
2. Invocation
2.1
Councilmember Callahan provided the invocation.
3.1
Mayor Bozeman requested Council excuse Councilmember Corriston from the meeting due to an
appointment.
ACTION: Motion to excuse Councilmember Corriston from today's meeting.

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Vote: UNANIMOUS

4.1
Agenda amendment requests were for the addition of:
6.1 Letter Regarding Regional Compromise Plan. Renumbers the items listed underneath Header 6
Discussion Topics.
6.13 Memorandum Multi-Use Paths Update
6.14 Belvedere/Fairview Drive Sign
6.15 Village Road Update
ACTION: Motion to approve the agenda as amended.

Vote: UNANIMOUS
4.2
Deputy Police Chief Brad Shirley introduced Breanna Davis as the new Police Intern from UNCW.
5. Agenda Review for Council Regular Meeting

5.1
Council and staff discussed the Council Regular Meeting Agenda as follows:
8.1.1. Council Meeting Minutes:
Councilmember Callahan had a few grammatical amendments to the April 18, 2019 Council Regular
Meeting minutes. Council's CONSENSUS is for the Town Clerk to amend the minutes as proposed.
8.2.2. Emergency Management Services Memorandum of Understanding With Brunswick County:
Mr. Hollis requested this item be added to the consent agenda.
Councilmember Callahan asked if the EMS staff use the sleeping quarters. Mr. Hollis replied
sleeping quarters are only for fire personnel.
Councilmember Campbell and Councilmember Callahan asked if all fire personnel must have EMT
certification. Ms. Rhodes replied new hires would only be required to have basic EMT certification,
and any existing fire personnel would be able to keep their advanced levels of EMT certifications.
Councilmember Batleman asked if the Town can make a request to the County to obtain a
quarterly update on the EMS calls and the response times. Mr. Hollis replied the Town can
certainly ask, but there is no going back after the EMS Service is taken over. The Town would not
be able to provide EMS services in the future.
8.3.1. Resolution R19-042 to Adopt the Updated Historical Marker Policy:
Councilmember Callahan asked if the list of applications would be vetted by staff prior to the Parks
and Recreation Board and Town Council receiving them. Mr. Richardson replied yes, staff will vet
the applications.
Council Agenda Meeting Page 15 of 35 May 20, 2019

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8.3.2. Resolution R19-043 to Approve a Request for Co-sponsorship from the Art League of Leland:
Councilmember Callahan requested staff add the facility expense and revenue lost to the agenda
item. This information assists Council to know and understand the full impact of the request. Mr.
Richardson replied staff will include the information.
Councilmember Batleman asked if the organization charges a membership fee. Mr. Richardson
replied yes, there is a $30.00 membership fee.
Councilmember Callahan requested the agreement include the non-profit tax ID number.
8.4.1. Resolution R19-039 Authorizing the Reductions of Improvement Guarantee Public
Improvements with Funston Land & Timber, LLC for the Completion of Certain Public Improvements
in Certain Phases and Sections within Brunswick Forest PUD:
Councilmember Callahan asked if the maps pertaining to the reductions of improvement guarantee
are accessible. Mr. Andrea replied yes, the maps are available online for Council's review.
8.4.3. Resolution R19-041 Dissolving The Transportation Oversight Committee With Intention That
The Planning Board Create A Standing Subcommittee To Resume The Transportation Oversight
Committee's Functions:
Councilmember Callahan asked how the chair of the committee is decided. Mr. Andrea replied the
bylaws would indicate an election of chair or vice chair be conducted by the committee.
Councilmember Campbell asked if the same people will be part of the new subcommittee. Mr.
Andrea replied he is going to remove the staff member from the subcommittee.
Mayor Bozeman called a recess at 11:51 a.m.
Mayor Bozeman called the meeting back in order at 11:59 a.m.
8.6.3. Budget Amendment BA19-013 Appropriate $17,497.76 of Powell Bill Interest Income to the
Waterford Resurfacing Project for Change Order #2 and Project Closure:
Ms. Hagg requested Council add Change Order #2 for the Waterford Repaving Project to the
consent agenda. This budget amendment will close out the project.
Council's CONSENSUS was for staff to add this item to the consent agenda.
9. Public Hearing - Yard Sales:
Councilmember Callahan mentioned adding language to the ordinance regarding HOA's having
their own regulations. Mr. Hollis replied it is problematic because it would need to be done with all
different items within the code pertaining to regulations for HOA's, the State, and etc.
Mayor Bozeman called a recess at 12:25 p.m.
Mayor Bozeman called the meeting back in order at 1:08 p.m.
Councilmember Corriston arrived to attend the meeting at 1:08 p.m.
6. Discussion Topics
6.1 Letter
Mayor Bozeman presented An Open Letter Regarding the Regional Compromise Plan to Council for
review.

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Council's CONSENSUS was for Mayor Bozeman to send the letter.
6.2 Hurricane Florence Update
Mr. Richardson said as of May 1, 2019 there have been seven temporary housing permits issued.
This has not changed since the last update. Five homes were considered substantially damaged
which means the homes were located in a Special Flood Hazard area and damaged more than fifty-
percent of the home value. To date, three of the homeowners have provided the necessary
documentation and can rebuild.
Ms. Hagg stated as of May 1, 2019 the hurricane expenses total $2,291,148.91. There are still some
expenses pending. On April 24, 2019 FEMA obligated $550,761.26 for our Emergency Response
Category B Project. Staff has submitted the appropriate paperwork to the State to draw down
those funds.
Councilmember Callahan asked about the status of the homes being rebuilt. Mr. Andrea replied
the owners of one have been advised on what documentation to provide but have not yet provided
it and therefore cannot rebuild at this time. The owners of one house have not returned attempted
tries by the Planning and Inspections Department for guidance about rebuilding.
Councilmember Batleman asked if the Town has another storm in the near future how it would
affect the Town. Mr. Hollis replied the Town would take a substantial hit if there was another
storm with the same expense this soon.
6.3 Upcoming Events
Mr. Richardson announced the upcoming events as follows:

• Artist Reception - Town Hall - Sue Cunningham: The Light Shines Thru 5/23/19
• Painted Man Concert - Municipal Park - 5/30/19
• Movie In the Park (The Incredibles 2) - 6/1/19
• L Shaped Lot Concert - Municipal Park 6/6/19
• Family Health and Fitness Day 6/8/19
• Bike Rodeo 6/8/19
• Artist Reception - LCAC Zac Duff and Kris Scheppman - 6/13/19
• Movie In the Park (Mary Poppins Returns) - 6/15/19
6.4 Mallory Creek Paving Project
Mr. Brooks said there was a bid opening for the Mallory Creek Paving project in April that consisted
of two bids. The lowest bid was in the amount of $895,715.75. The Town has 120 days to provide
a notice to proceed. Staff could issue a notice to proceed and then budget it for the upcoming
year. More discussion about this project can be addressed during today's budget discussion.
6.5 Brunswick Forest Parkway/ Low Country Boulevard Intersection Project
Mr. Brooks informed Council that the construction bid was higher than originally estimated.
Councilmember Callahan asked if the intersection is in any of the proposed routes for the Cape
Fear Crossing. Mr. Hollis replied no route is planned to effect this intersection.
6.6 NC DOT Street Assessment Update

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Mr. Brooks said he needs to do a little more research before he can give Council an update on this
matter.
6.7 Tree Ordinance
Mr. Andrea said staff will present a draft of the Tree Ordinance to the Planning Board in June.
After review and amendments staff plans to present the Tree Ordinance to Council at their August
Regular Council Meeting.
6.8 Board/Committee Seat Vacancies
Ms. Reinhardt stated staff wanted to make Council aware of the current application process and
the Town is short on receiving applications for the Planning Board and Infrastructure Committee.
Councilmember Corriston made a request for staff to check and see if previous applicants are still
interested.
Councilmember Batleman asked if all of the economic development applicants are business folks.
Ms. Reinhardt replied Mr. Vidmar would review the applications and will let Council know next
month where the applicants fit into the committee member qualifications.
6.9 Stormwater Update
Mr. Hollis provided a map of the Stoney Creek Development showing the stormwater. The
development has swales that drain into the creek behind it. The stormwater design was created for
a low density area. Hurricane Florence was a 1,000 year flood event.
6.10 Public Comment Communications
Mr. Hollis used the NCDOT emails to Council regarding the Cape Fear Crossing as an example that
all emails are a matter of public record. Staff does not compile the emails in any way. At any time
staff can search the emails to create a list regarding a particular subject.
Ms. Reinhardt suggested for future events where there is a large volume of emails being received
by Council staff can assist by setting up an email auto response to assist in communications.
6.11 Federal Highway Administration Pre-Disaster Infrastructure Program
Mayor Bozeman and Mr. Brooks indicated receipt of a letter that has been placed in the Council
agenda packet and a request to include the Mayor's name on it. Mr. Brooks asked, what was the
pleasure of the board?
Council's CONSENSUS was to add the Mayor's name to the letter.
6.12 Next Month's Discussion Topics
Mr. Hollis requested Council provide the Town Clerk with the upcoming items for the June 17, 2019
Council Agenda Meeting by May 31, 2019. This should provide staff with a sufficient amount of
time to look into Council's requests.

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6.13 Memorandum Multi-Use Paths Update
Mr. Brooks informed Council that staff provided a report from Mr. Vidmar today in paper form to
provide an update. Mr. Brooks also said he will email Council an update on the I, J, and K projects.
Mr. Hollis stated the project is getting ready to go out to bid. Mr. Brooks added the engineer's
drawings needed to be finalized prior to going out to bid. Mr. Hollis said the County wants to use
in kind services to assist with the project.
6.14 Belvedere/Fairview Drive Sign
Councilmember Campbell requested an update on the sign. Mr. Hollis replied the sign has been
installed. Discussion was had about putting landscaping around the sign.
6.15 Village Road Update
Councilmember Campbell asked for an update on the Village Road construction. Mr. Hollis replied
the engineer's plans did not address the field conditions correctly. The plans were fixed. The work
will resume shortly. The project will be completed by the end of October, 2019.
7. Set Council Special Meetings

7.1 ETJ Workshop - June 11, 2019 at 2:00 p.m.
ACTION: Set a Council Special Meeting on June 11, 2019 at 2:00 p.m. at Leland Town Hall for
the purpose of having an Extra Territorial Jurisdiction Workshop.
Vote: UNANIMOUS
7.2 Rules of Procedure for Boards and Committee Training - September 11, 2019 at 6:00 p.m.
ACTION: Set a Council Special Meeting for the purpose of Rules of Procedure for Board and
Committee Training on September 11, 2019 at 6:00 p.m. at Leland Town Hall.
Vote: UNANIMOUS
8. FY2019/2020 Budget
8.1 Budget Discussion

Mayor Bozeman called the meeting back in order at 3:03 p.m.
Mr. Hollis provided an updated on the proposed FY19/20 Budget that did not include EMS services
or a tax increase.
Councilmember Batleman said National Gypsum has concerns with their facility and it may be a

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good idea for Mr. Vidmar to follow up with them.
8.2 Budget Hearing - June 3, 2019 at 6:00 p.m. at Leland Town Hall
Mr. Hollis reminded Council that he will provide a brief presentation for the FY19/20 Budget at the
May 23, 2019 Regular Council Meeting. After this meeting the budget will be available for the
public's view prior to the Budget Hearing on Monday, June 3, 2019 at 6:00 p.m.
9. Old/New Business
9.1
Councilmember Callahan stated he went to the Community Boys and Girls Club event last Friday
night. He submitted a proposed email to the Chief Executive Office to meet with the Town to tour
the Town's facilities.
10. Adjournment

Vote: UNANIMOUS
11. Next Meeting Date

The next Council Agenda meeting will be held on June 17, 2019.
Attest:
_____________________________ _____________________________

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TOWN OF LELAND
Council Regular Meeting Minutes
ASSEMBLY
The Town of Leland Council Regular Meeting was held on Thursday, May 23, 2019 at 6:00 p.m. at the Council
Chambers.
Corriston
. .
ABSENT:
. .
PRESENT: John Grimes, Fire Chief; Carly Hagg; Finance Director; Mike James, Police Chief;
Sabrena Reinhardt, Town Clerk/Administrative Manager; Missy Rhodes, Assistant
Town Manager; Hilary Snow, Communications Officer; Lynn Vetter, Public Services
Manager; Gary Vidmar, Economic and Community Development Director; and Brian
Edes, Town Attorney.

1.1
2. Invocation
2.1
3.1

4.1
Mayor Bozeman stated the agenda is being amended by removing Item 14 Closed Session.
ACTION: Motion to approve the agenda as amended.
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Vote: UNANIMOUS
5. Announcements
5.1 Upcoming Town Events
Mayor Bozeman announced the upcoming events as follows:

• Artist Reception - Town Hall - Sue Cunningham: The Light Shines Thru 5/23/19
• Painted Man Concert - Municipal Park - 5/30/19
• Movie In the Park (The Incredibles 2) - 6/1/19
• L Shaped Lot Concert - Municipal Park 6/6/19
• Family Health and Fitness Day 6/8/19
• Bike Rodeo 6/8/19
• Artist Reception - LCAC Zac Duff and Kris Scheppman - 6/13/19
• Movie In the Park (Mary Poppins Returns) - 6/15/19
5.2 Proclamation - Paul Wesley Phillips, World War II Veteran
Mayor Bozeman and the Town Council presented a proclamation to Paul Wesley Phillips, WWII
Veteran in recognition of Memorial Day.
6. Presentations
6.1 None.
7. Public Comment
7.1
Christopher Watford, 1137 42nd Street, was President of the former Leland Volunteer Fire Rescue
Department. He was sad to hear about the EMS services being transfer to the County, to see the
services go away from the Town is very tough.
Julian Kehaya, 1000 Central Avenue, Charlotte, N.C. Leland Volunteer Fire Rescue was the only
place that you could work and pursue a career. He would like the Council to reconsider this take
over.
Michael Herbert, 176 N. Palm Drive. He works for a medical device company. He is a former
paramedic with Leland Volunteer Fire Rescue. He said not only do we lose the opportunity to serve
here, we are going to lose an opportunity to serve our citizens.
Chris Rogers, 2614 Snowbell Court. He is looking for a status update of the road dedication in The
Willows development. He also stated the developer was working without the proper bonding.
8. Approval of Consent Agenda

(Items on the consent agenda are considered routine in nature or have been thoroughly discussed at
previous meetings. Any member of the Council may request to have an item removed from the consent
agenda for further discussion.)
Council Regular Meeting Page 22 of 35 May 23, 2019

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ACTION: Motion to remove Item 8.2.2. Emergency Medical Services Memorandum of
Understanding with Brunswick County from the consent agenda.

Vote: UNANIMOUS
ACTION: Motion to approve the Consent Agenda as amended.

Vote: UNANIMOUS
8.1 Minutes
8.1.1 Approval of the Council Meeting Minutes:
April 15, 2019 - Agenda Meeting
April 18, 2019 - Regular Meeting
April 18, 2019 - Closed Session
April 18, 2019 - Closed Session with Brian Edes, Town Attorney
May 2, 2019 - Closed Session with Brian Edes, Town Attorney
8.2 Administration
8.2.1 Revising Resolution R18-486 Approving the 2019 Council Agenda and Regular Meeting
Schedule
8.3 Operation Services

8.3.1 Resolution R19-042 to Adopt the Updated Historical Marker Policy
8.3.2 Resolution R19-043 to Approve a Request for Co-sponsorship from the Art League of
Leland
8.4 Planning & Building Inspections

8.4.1 Resolution R19-039 Authorizing the Reductions of Improvement Guarantee Agreements
with Funston Land & Timber, LLC for the Completion of Certain Public Improvements in
Certain Phases and Sections within Brunswick Forest PUD
8.4.2 Resolution R19-040 to Enter into an Improvement Guarantee Agreement with RS Parker
Homes, LLC to Guarantee the Installation of Certain Public Infrastructure Improvements
for Phase 2, The Retreat at Mallory Creek Plantation PUD Subdivision.
8.4.3 Resolution R19-041 Dissolving the Transportation Oversight Committee With Intention
That The Planning Board Create A Standing Subcommittee To Resume The
Transportation Oversight Committee's Functions
8.5 Economic and Community Development

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8.5.1 Certificate of Sufficiency Pertaining to the Proposed Annexation of Brunswick County
Tax Parcel Nos. 02900001, 029AB002 and 029AB00201 Into the Town of Leland, North
Carolina
8.6 Finance
8.6.1 Budget Amendment BA19-011 Transfer Remaining Funds of $50,581.68 From the
Planning and Revitalization Fund to the General Fund for Project Closure
8.6.2 Budget Amendment BA19-012 Appropriate $490,678.80 of System Development Fee
Revenue to the Booster Pump Project Account
8.6.3 Budget Amendment BA19-013 Appropriate $20,397.76 of Powell Bill Interest Income to
the Waterford Resurfacing Project for Project Closure
9. EMS MOU
9.1 Resolution R19-044 To Enter into a Memorandum of Understanding for the Transfer of the
Provision of Emergency Medical Services with Brunswick County
Mr. Hollis informed Council and the community that EMS services are provided at the pleasure of
the County. The Town's budget for EMS services was approximately $1,400,000.00. The Town had
an approximate $800,000.00 short fall for the EMS services for FY2019/2020. The Council asked
the County to consider providing the Town with funding that was needed for EMS expenditures in
FY2019/2020. Mr. Hollis spoke to the County Manager after the resolution was submitted for the
County's consideration. The County Manager told him that she was going to recommend to the
County Commissioners that the County provide EMS services instead of the Town. The County
currently has an ambulance that is located at the Leland Industrial Park area.
Mayor Bozeman called the meeting back to order at 6:34 p.m.
Mr. Hollis said there was concern to wait until September 1, 2019 for the continuation of services
and securing the EMS employees with a place of employment. The County will offer them positions
at the same rate of pay and seniority they had with the Town. This was a tough negotiation and
position for the Town. The County Manager said it was a long time goal for the County to provide
the services themselves.
Councilmember Corriston expressed disappointment with the County's decision.
Councilmember Callahan asked how the County EMS rating is compared to the Town's EMS rating.
Mr. Hollis replied he believed the County and Town EMS services complimented each other. There
are eight paramedic positions that will be offered employment with the County. Mr. Hollis said
the County could provide the Town with a 60 day notice to expire the franchise agreement, but the
Town wanted to negotiate a July 1, 2019 date with the County to ensure employment for the
Town's EMS staff and uninterrupted service to the citizens.
Councilmember Campbell said there is no County representative here tonight regarding this item.
He is not happy about this situation, but he does not have an answer to resolve this issue. Maybe
in the future this needs to be changed at the State level.
ACTION: Motion to approve Resolution R19-044 to enter into a Memorandum of

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Understanding for the Transfer of the Provision of Emergency Medical Services with
Brunswick County.
Second: Michael R. Callahan
Vote: UNANIMOUS
10. Public Hearing - Yard Sales

10.1 Text Amendment for Chapter 66, Article I and Article IX in the Town of Leland Code of Ordinances -
Yard Sales

Mr. Neylon reminded Council that staff is cleaning up the Town ordinances for clarification
purposes. The proposed text amendment will:
• Clarify that a temporary use permit is not required for a yard sale
• Remove the reference to yard sales on properties that do not contain a residential use
• Remove the requirement that merchandise be removed overnight
• Modify the hours of operation to minimize impact on the surrounding community
• Relocate yard sale regulations to Section 66-228 - Temporary Uses
Council had no questions for staff.
ACTION: Motion to approve, affirming the Planning Board’s statements that the amendment is
consistent with the Town's adopted land use plans and is reasonable and in the public
interest.
Vote: UNANIMOUS
11. Public Hearing - Corner Lots Definition

11.1 Text Amendment for Section 50-71 and Section 66-4 in the Town of Leland Code of Ordinances -
Corner Lots Definition

Ms. Pirozzi presented the ordinance per the request of the applicant True Homes, LLC. and stated it
was consistent with the Town's 2020 Master Plan.
Councilmember Campbell asked Ms. Pirozzi to describe an alley. Ms. Pirozzi replied alleys typically
handle a low volume of vehicles that travel at low speeds.
Councilmember Campbell said the width of the alley could be different than the width of the
street. Ms. Pirozzi replied that is correct.
Councilmember Campbell asked, could the alley potentially become a street? Ms. Pirozzi replied it
would always be an alley and it could not be changed into a street.

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Councilmember Campbell asked if the value of the real estate could increase if the ordinance is
amended. Ms. Pirozzi replied, there could be a bigger house on the lot so the value could go up.
Mayor Bozeman asked if the driveways are located on the backside of the house. Ms. Pirozzi
replied yes.
ACTION: Motion to approve, affirming the Planning Board’s statements that the amendment is
consistent with the Town's adopted land use plans and is reasonable and in the public
interest.
Pat Batleman (Moved By) For
Bob Corriston (Seconded By) For
Brenda Bozeman For
Michael R. Callahan For
Bob Campbell Against
Vote: CARRIED.
12. DRAFT BUDGET FY2019/2020

12.1 Presented by David A. Hollis, Town Manager
Mr. Hollis provided a summary of the FY2019/2020 Budget.
12.2 Budget Hearing - June 3, 2019 at 6:00 p.m.
Mr. Hollis said the Budget Hearing will be held on June 3, 2019 at 6:00 p.m. This hearing provides
the residents with an opportunity to comment on the proposed budget.
Mayor Bozeman asked, what is the proposed tax rate? Mr. Hollis replied the tax rate will stay the
same at $0.21 cents.

13.1
Councilmember Callahan asked about Mr. Rogers comments regarding The Willows community.
Mr. Hollis replied the Town is not lacking in anything. The Town is following the policies of the
Town and the State. Mr. Rogers mentioned a surety bond for The Willows. There was a surety
bond, but once the roads were complete and a certain portion of the houses were built the surety
bond was released. Mr. Rogers implied the Town should have held the surety bond, but the Town
does not have the right to hold a surety bond.
Mr. Edes said the surety bond is for initial construction not for continued maintenance.
14. Old/New Business

14.1 Staff Reports

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Mayor Bozeman said the staff reports are in the agenda packet.
14.2 Board/Committee Monthly Reports - April, 2019
Mayor Bozeman said the board/committee reports are in the agenda packet.
14.3 Council Reports
Councilmember Corriston stated at the Infrastructure Committee meeting discussion was had
about the Brunswick Forest intersection estimated construction cost at over $1,000,000.00.
Councilmember Batleman said the WAVE Brunswick Connector recent report shows an increase in
ridership. She also stated Route 17 at Town Creek and NC 133 is listed in the top five
transportation priorities for "resiliency planning" to prevent future flooding in those areas.
Councilmember Callahan said the Leland TDA has the grant policy online and encourages the public
to apply.
15. Adjournment
15.1
Vote: UNANIMOUS

The next meeting date for Council's Regular Meeting will be held on June 20, 2019.
Adopted at a regular meeting on Junes 20, 2019.
Attest:
_____________________________ _____________________________

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Page 1 of 4
TOWN OF LELAND
Monday, June 3, 2019 at 6:00 p.m.
ASSEMBLY
The Town of Leland Council Special Meeting was held on Monday, June 3, 2019 at 6:00 p.m. at Council
Chambers for the purpose of the FY19/20 Budget Hearing and the FY19/20 Economic Development Budget
Hearing.
PRESENT: Pat Batleman, Brenda Bozeman, Bob Campbell, and Bob Corriston
. .
ABSENT: Michael R. Callahan

. .
ALSO David Hollis, Town Manager; Ben Andrea, Planning and Building Inspections; Niel
PRESENT: Brooks, Assistant Town Manger; John Grimes, Fire Chief; Carly Hagg, Finance Director;
Mike James, Police Chief; Sabrena Reinhardt, Town Clerk/Administrative Manager;
Missy Rhodes, Assistant Town Manager; Hilary Snow, Communications Officers; Gary
Vidmar, Economic and Community Development Director and Brian Edes, Town
Attorney.

1.1
2. Invocation
2.1
3.1
ACTION: Motion to excuse Councilmember Callahan from tonight's meeting.

Vote: UNANIMOUS
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Page 2 of 4
4.1
Vote: UNANIMOUS
5. Budget Hearing FY2019/2020

presented by David A. Hollis, Town Manager
5.1
Mayor Bozeman opened the Town's Budget Hearing.
Mr. Hollis presented the Town's Budget for Fiscal Year 2019/2020 by providing the budget process
calendar dates. He then presented the overall revenue and expenses for each department.
Mr. Hollis stated a revenue-neutral tax rate is required to be calculated and published by local
governments during the year of a real property reappraisal. The intent of this calculation is to
provide citizens with comparative information on tax rates before and after the reappraisal. Per
NCGS § 159-11(e), the revenue-neutral property tax rate is the rate estimated to produce revenue
for the next fiscal year equal to the revenue that would have been produced for the next fiscal year
by the current tax rate if no reappraisal had occurred. The Town's revenue-neutral tax rate is
calculated at 19.47 cents per $100.00 property valuation. The Town of Leland's tax rate is $0.21
cents was compared with other municipalities within the region. The Fiscal Year 2019-2020
Proposed Budget highlights for the upcoming year were provided to Council and the public.
Mayor Bozeman appreciates all of the hard work staff put into the upcoming budget, but she has
an issue with the Lindenwood Drive street connection capital improvement project that is being
partially funded within the budget.
Councilmember Batleman mentioned the Mallory Creek Drive resurfacing project estimate came in
at $895,000.00 and the low bid for the Brunswick Forest Parkway and Low Country Boulevard
Intersection traffic signal came in slightly over $1,000,000.00. Her understanding is the Town is not
doing both projects within the proposed FY2019/2020 Budget. Mr. Hollis replied funding is in the
proposed budget for those types of projects. Council will need to decide which project(s) will be
done.
Councilmember Batleman asked if staff can provide a timeline on the booster pump project
completion. Mr. Hollis replied he will get an update on the timeline, but he can say that it will be
completed within the next few months.
Councilmember Batleman stated Navassa pulled out of funding assistance for the Brunswick
Regional Water Treatment Plant and she wanted to know how it will affect the Town. Mr. Hollis
replied the Town's cost will not change. The County has not communicated an update regarding
this matter.
Councilmember Batleman asked if Chief James and Chief Grimes provided input on the
Lindenwood Drive street connection project based upon safety response times. Mr. Hollis replied
all departments provided input on this project based upon service needs.
Mayor Bozeman stated again her displeasure with the Lindenwood Drive street connection project.
Councilmember Campbell received a lot of emails and messages about the Lindenwood Drive
street connection project. There is a lot of misinformation out there. He made a request to Mr.
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Hollis to provide information about the street connection.
Councilmember Campbell asked how many emergency calls come in for Lindenwood Drive. Mr.
Hollis did not have that information at this time.
Mayor Bozeman said people who purchase a home on a cul de sac do it for a reason.
Mr. Hollis said Council is not approving any street connections tonight. When Council approves the
budget they are approving the budget for the potential of a street connection.
Dan Gerrish said he has lived in the Forest Edge community for the past eleven years. He is
concerned for the safety of the Forest Edge community.
Joelle Serot, 1024 Lindenwood Drive. She moved here in October 2018 and she is stunned over this
proposal. What is an emergency vehicle? Please define what an emergency vehicle is. She also
announced that there is no drainage on the cul de sac and it is needed.
Steven Jorgorian, 3104 Woodbend Court. He is a former EMT and fire fighter. He drove through
the area and the island on Glendale Drive would need to be removed and the street widened. He
understands the point to provide services and respond, but you need to do it in a safe manner. He
has been in a line of fire vehicles and there can be 2 or 3 more vehicles behind them which may
cause a traffic issue. If the gate is guaranteed for Town emergency services only, the Town may
have his vote.
Kenneth Ford, 3149 Redfield Drive. He spoke about his son's experience where a street connection
was made and he sold his home because traffic became a huge issue. Redfield Drive and
Lindenwood Drive are narrow streets and are not made for fast moving vehicles. He also knows of
theft that has taken place in the neighborhood and is concerned that a street connection will invite
more opportunities for theft.
Councilmember Campbell said the concept of what is trying to be done is important and the effects
of this connection are also important.
Mayor Bozeman asked if the Town can take the $100,000.00 allocated for the street connection
project and purchase a boat for emergencies instead.
Councilmember Batleman said staff provided this suggestion and wonders if staff can provide more
detail about this at the Council's upcoming agenda meeting. Can more examples be provided to
exemplify the issue? This is quite the balancing act.
Councilmember Corriston said it is for the safety of the citizens. The Mallory Creek street
connection project to Brunswick Forest was not received well from the community, but the street
connections to date has saved lives due to the response times.
Mr. Hollis said if Council does not want to name this road in the street connection capital
improvement project funding for FY19/20, staff can remove the road being identified and just name
the capital improvement project as Street Connection Project(s).
Mayor Bozeman closed the budget hearing.
ACTION: Motion to remove Lindenwood Drive Street Connection project from the FY19/20
Proposed Budget and place the $100,000.00 into the Town's General Fund reserves
and continue to study the overall street connection plan.

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Page 4 of 4
Vote: UNANIMOUS
6. Economic Development Budget Hearing FY2019/2020

6.1
Mayor Bozeman opened the budget hearing.
Mr. Hollis stated N.C.G.S. § 158-7.1 requires North Carolina local governments to issue notice and
hold a public hearing prior to approval of appropriations for economic development purposes. He
presented the economic development appropriations and stated a resolution will be presented for
Council's consideration at the Regular Council Meeting on June 20, 2019.
Council had no questions.
Mayor Bozeman said no one signed up to speak for the hearing.
Mayor Bozeman closed the budget hearing.
Mr. Hollis announced staff will place all of the FY19/20 budgetary items for Council's approval on
the Regular Council Meeting agenda on June 20, 2019.
7. Adjournment
7.1
Vote: UNANIMOUS
Adopted at a regular meeting on June 20, 2019
Attest:
_____________________________ _____________________________

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Page 1 of 4
TOWN OF LELAND
Tuesday, June 11, 2019 at 2:00 p.m.
ASSEMBLY
The Town of Leland Council Special Meeting was held on Tuesday, June 11, 2019 at 2:00 p.m. at the Cape Fear
Training Room for the purpose of conducting a Extra Territorial Jurisdiction Workshop.
PRESENT: Pat Batleman, Brenda Bozeman, Bob Campbell, and Bob Corriston
. .
ABSENT: Michael R. Callahan

. .
PRESENT: Niel Brooks, Assistant Town Manager; Andrew Neylon, Planner I; Ashli Pirozzi, Senior
Planner; Sabrena Reinhardt, Town Clerk/Administrative Manager; Missy Rhodes,
Assistant Town Manager; Nancy Sims, Deputy Clerk; Hilary Snow, Communications
Officer; Gary Vidmar, Economic and Community Development Director; and Council
of Government Representatives Alan Serkin and Wes Macleod.

1.1
2. Invocation
2.1
3.1
There were two people in the audience.

4.1
Vote: UNANIMOUS
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Page 2 of 4
ACTION: Motion to excuse Councilmember Callahan from today's meeting.
Vote: UNANIMOUS
5. ETJ Workshop
5.1
Ben Andrea, Planning and Building Inspections Director introduced Allen Serkin, AICP, CZO, Local
Government Services Director and Wes Macleod, AICP, ASLA, Senior Planner from the Cape Fear
Council of Governments. Today they will provide an overview of an Extra Territorial Jurisdiction
(ETJ).
Mr. Serkin provided legislative history and defined what an Extra Territorial Jurisdiction is. Then he
explained that a County must approve a new ETJ. There are state laws that govern the approval
and the regulatory steps that must be taken. There are also restrictions that must be met.
Municipalities must realize the effects of having an ETJ, for example no overlay between
municipalities and there will be vested rights.
The ETJ Potential Benefits are:
• Manage growth beyond municipal limits, especially where county does not regulate land
use or where regulations conflict with municipal vision/policies
• Better land use coordination for future annexation areas
• Streamlined annexation process within ETJ due to existing zoning
• Additional municipal revenues from development fees in ETJ area
• Improved tax base if municipal regulations result in higher quality development (county
benefit primarily)
The ETJ Potential Challenges are:

• County approval required
• County loses revenues from development fees in ETJ area
• No municipal representation for ETJ residents
• No supplemental municipal tax revenues to cover additional startup costs (planning,
coordination, large scale rezoning) OR additional continuing administrative costs (code
administration/enforcement)
• May eliminate a benefit of annexation if property already regulated by preferential
regulations, planned for ultimate municipal vision
• Municipal development review process may be more cumbersome
• Enforcement confusion
• Nonconforming situations created
• No municipal roads/sidewalks in ETJ
• Potential legal costs borne by citizenry
Councilmember Batleman stated Brunswick County has ETJ's with several municipalities within the
County. Mr. Serkin replied he believes once an ETJ is established it cannot be overturned without
ruling from the State legislation.
Councilmember Batleman said municipalities that have an ETJ are in a good position with

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Page 3 of 4
continued growth. Mr. Serkin replied with annexation law changes the burden is on the
municipalities to regulate them. Mr. Macleod said some municipalities in the state are
relinquishing their ETJ because they do not want to regulate zoning outside the municipality.
Councilmember Campbell asked, what are the pros and cons of the County to allow an ETJ to be
established. Mr. Serkin replied the County gets tax revenue either way and will lose building
inspection revenue. A County Commissioner may be concerned that the citizens may not have a
voice regarding the codes in affect and how responsive the Town Council would be. Citizens within
the ETJ do not have any voice based upon municipal voting power issue, so he can see how the
County may not want to establish an ETJ.
Mr. Serkin said his guess is the County is regulating land use and probably feels like they are doing
a fine job. It would be a final decision, the County could not go back once the Town was granted
permission.
Councilmember Campbell said ETJ citizens only have representation at the County level and no
representation in the municipality. They can only vote for county commissioners not municipal
officials.
Mayor Bozeman said the County said the number one reason they are not in favor of any new ETJ's
is because the citizens would not have representation.
Councilmember Corriston asked Mr. Serkin if he thinks home rule state legislation would ever be
enacted in North Carolina. Mr. Serkin replied he does not think so. Mr. Macleod mentioned the
State was looking at amending ETJ law in the past, but amended legislation has not progressed. He
believes it may be due to the annexation law. Mr. Serkin said that may be because state
legislatures heard concerns from the major land owners.
Mr. Serkin mentioned small residential properties would probably not be changed in the near
future. If the Town identifies areas that do not affect the small residential properties then maybe
the County may be interested. The Town may want to speak to the small residential areas to see
what would be feasible with those small communities first.
Councilmember Campbell asked if the towns of Leland and Belville both want an ETJ, how would
the County proceed. Mr. Serkin replied the County may want to consider Leland, Belville, and
Navassa all having their own ETJ's. Mr. Andrea said if the Town looked at pursuing an ETJ, it would
only be within county areas, not within other municipalities, nor in areas that would conflict with
the annexation agreements between Leland and Belville and Leland and Navassa.
Mr. Andrea presented the Brunswick County ETJ Expansion Policy and discussed the procedure for
securing approval for an ETJ. Mr. Andrea recommends Council update the Land Use Plans and
Policies prior to making any request to the County.
Mr. Serkin said having a long range planning process for each area would be addressed on a case by
case basis.
6. Adjournment
6.1
Vote: UNANIMOUS

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Page 4 of 4
Attest:
_____________________________ _____________________________

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Meeting Date: June 20, 2019

Prepared By: Nancy Sims
TITLE: Resolution R19-054 Amending Town of Leland Rules of Procedure for Boards and
Committees
PURPOSE: To amend the Rules of Procedure for Town of Leland Boards and Committees.
BACKGROUND: Town Council adopted the Town's Rules of Procedure for Boards and Committee and
Task Forces Established by the Town Council of the Town of Leland or Under
Provisions of the Town Code on August 25, 2016. A revision to the Rules was made in
March 2017. Now the Town wishes to amend the Rules to incorporate a procedure
for an individual or group to address a board/committee outside of the public
comment portion of the agenda. Rule 5. Public Address to the Board has been
revised to state an individual or group who wishes to address the board/committee
shall make a request to be placed on the agenda under the public comment portion
and is allotted three minutes. Upon motion and affirmative vote of a majority of
present members, an individual or group may be allowed to speak outside of the
public comment portion of the agenda. In such instances the comments shall be
limited to the item under consideration.
The Town also wishes to revise Rule 7. Presiding Officer to state if any member
of a board/committee determines another member continually seeks the floor
and speaks out of turn, that member may be called to order and reminded of
the proper rules of debate.
SUMMARY: The Town attorney has reviewed these revisions and agrees with the form. Attached
is a redline copy of the Rules indicating the revisions and a clean copy as well.

OR PLANS:
FINANCIAL: N/A
ALTERNATIVES: Town Council can discuss the Rules of Procedure for Boards and Committees and Task
Forces and request that staff make further revisions.
RECOMMENDATION: Staff requests that Council approve Resolution 19-054 Amending the Town of Leland
Rules of Procedure for Boards and Committees and Task Forces Established by the
Town Council of the Town of Leland or Under Provision of the Town Code

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Resolution R19-054
Introduced By: Nancy Sims
Date: June 20, 2019
Amending the Town of Leland Rules of Procedure for Boards and Committees
WHEREAS, the Town wishes to amend the Town of Leland Rules of Procedure for Boards and
Committees to adopt a procedure for an individual or group to address a board/committee
outside of the public comment portion of the agenda. Rule 5. Public Address to the Board has
been revised to state an individual or group who wishes to address the board/committee shall
make a request to be placed on the agenda under the public comment portion and is allotted
three minutes. Upon motion and affirmative vote of a majority of present members, an
individual or group may be allowed to speak outside of the public comment portion of the
agenda. In such instances the comments shall be limited to the item under consideration.
WHEREAS, Rule 7. Presiding Officer has also been revised to state if any member of the
board/committee determines another member continually seeks the floor and speaks out of
turn, that member may be called to order and reminded of the proper rules of debate.
Therefore, Be It Resolved:
The Town Council hereby adopts the amended Town of Leland Rules of Procedure for Boards,
Committees and Task Forces Established by the Town Council of the Town of Leland or under
Provision of the Town Code.
Adopted by Town Council on this 20th day of June, 2019.
Brenda Bozeman, Mayor Sabrena Reinhardt, Town Clerk
Resolutions Page 2 of 22 Page 1 of 21

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Rules of Procedure for Boards and Committees and

Task Forces Established By the Town Council of the
Town of Leland or Under Provisions of the Town Code
The term “board” or “boards” when used in this policy shall include all boards and
committees and task forces of the Town of Leland unless otherwise stated.
Rule 1. Regular Meetings

Boards shall hold regular meetings in accordance with the annual schedule adopted by
each board. A copy of the current meeting schedule for all boards shall be filed with the
town clerk.
Rule 2. Special, Emergency, and Recessed or Adjourned Meetings

(a) Special Meetings. The chair or a majority of the members may at any time call a
special meeting of the board. At least forty-eight hours before a special meeting called in
this manner, written notice of the meeting stating its time and place and the subjects to
be considered shall be (1) given to each board member; (2) posted on the board’s
principal bulletin board or, if none, at the door of the board’s usual meeting room; and (3)
mailed or delivered to each newspaper, wire service, radio station, television station, and
person who has filed a written request for notice with the town clerk.
A special meeting may also be called or scheduled by vote of the board in open session
during another duly called meeting. The motion or resolution calling or scheduling the
special meeting shall specify its time, place, and purpose. At least forty-eight hours before
a special meeting called in this manner, notice of the time, place, and purpose of the
meeting shall be (1) posted on the board’s principal bulletin board or, if none, at the door
of the board’s usual meeting room and (2) mailed or delivered to each newspaper, wire
service, radio station, television station, and person who has filed a written request for
notice with the town clerk. Such notice shall also be mailed or delivered at least forty-
eight hours before the meeting to each board member not present at the meeting at which
the special meeting was called or scheduled.
Only those items of business specified in the notice may be discussed or transacted at
a special meeting, unless (1) all members are present and (2) the board determines in
good faith at the meeting that it is essential to discuss or act on the item immediately.
(b) Emergency Meetings. The chair or a majority of the members may at any time call
an emergency meeting of the board by signing a written notice stating the time and place
of the meeting and the subjects to be considered. Written or oral notice of the meeting
shall be given to each board member and to each local newspaper, local wire service,
local radio station, and local television station that has filed a written emergency meeting
notice request with the town clerk and whose request includes the newspaper’s, wire
services, or station’s telephone number. Notice to the news media shall be given at the
expense of the party notified.
Emergency meetings may be called only because of generally unexpected
circumstances that require immediate consideration by the board. Only business
connected with the emergency may be considered at an emergency meeting.
(c) Recessed or Adjourned Meetings. A properly called regular, special, or
Adopted by the Town Council on Julyne 1920, 20189 1
Page 3 of 22 Page 2 of 21
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emergency meeting may be recessed or adjourned to a time and place certain by a

procedural motion made and adopted as provided in Rule 16(b), Motion 2, in open session
during the regular, special, or emergency meeting. The motion shall state the time and
place when the meeting will reconvene. No further notice need be given of such a
recessed or adjourned session of a properly called regular, special, or emergency
meeting.
Rule 3. Organizational Meeting

At the first regular meeting in July for both Planning and Parks and Recreation Boards,
any newly appointed board members shall take and subscribe the oath of office as the
first order of business. The second order of business for both Planning and Parks and
Recreation Boards shall be to elect a chair and vice chair using one of the nomination
and voting procedures set out in Rule 25.
Only members of the Planning and Parks and Recreation Boards shall take and
subscribe the oath of office.
The other Committees shall elect a chair and vice chair at their first meeting after
June 30 and shall be elected using one of the nomination and voting procedures set out
in Rule 25. The chair for any other committee shall be appointed by the Board which
oversees the committee.
Rule 4. Agenda
(a) Proposed Agenda. The town clerk shall prepare a proposed agenda for each
meeting. A request to have an item of business placed on the agenda must be received
at least two working days before the meeting. Any board member may, by a timely
request, have an item placed on the proposed agenda. A copy of all proposed orders,
policies, regulations, and resolutions shall be attached to the proposed agenda. An
agenda package shall be prepared that includes for each item of business placed on the
proposed agenda, as much background information on the subject as is available and
feasible to reproduce. Each board member shall receive a copy of the proposed agenda
and the agenda package and they shall be available for public inspection and/or
distribution when they are distributed to the board members.
(b) Adoption of the Agenda. As its first order of business at each meeting, the board
shall, as specified in Rule 6, discuss and revise the proposed agenda and adopt an
agenda for the meeting. The board may by majority vote add items to or subtract items
from the proposed agenda, except that the board may not add items to the agenda of a
special meeting unless (a) all members are present and (b) the board determines in good
faith at the meeting that it is essential to discuss or act on the item immediately. If items
are proposed to be added to the agenda, the board may, by majority vote, require that
written copies of particular documents connected with the items be made available at the
meeting to all board members.
The board may designate certain agenda items “for discussion and potential action.”
Such designation means that the board intends to discuss the general subject area of
that agenda item before making any motion concerning that item.
(c) Open Meetings Requirements. The board shall not deliberate, vote, or otherwise
take action on any matter by reference to a letter, number or other designation, or other
secret device or method, with the intention of making it impossible for persons attending
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a meeting of the board to understand what is being deliberated, voted, or acted on.
However, the board may deliberate, vote, or otherwise take action by reference to an
agenda, if copies of the agenda—sufficiently worded to enable the public to understand
what is being deliberated, voted, or acted on—are available for public inspection at the
meeting.
Rule 5. Public Address to the Board
Any individual or group who wishes to address the board shall make a request to the Formatted: Keep with next
town clerk to be placed on the agenda under public comment. However, the board shall
determine at the meeting whether it will hear the individual or group. If granted there will
be a three minute time limit for each speaker unless waived by the board. Formatted: Font: 12 pt
The public comment portion of the agenda provides a time for members of the public to
address the Board. Any individual or group who wishes to address the Board during a
Board meeting shall first make a request to the Town Clerk to be placed on the agenda
under the public comment portion of the agenda. Each speaker or group that makes such
a request will be allotted a maximum of three minutes to address the Board during the
public comments portion of the Board Meeting. Board Members should refrain from
engaging in a debate with speakers during public comments.
The Board may, upon motion and an affirmative vote of the majority the Board Members
present and voting, recognize an individual or group and allow the individual / group to
speak outside of the public comments portion of the Board meeting. In such instances,
the recognized speaker or group shall limit comments to the item then under
consideration by the Board. Any comments made unrelated to the matter under
consideration is out of order and the presiding Board member should note same.
Rule 6. Order of Business

Items shall be placed on the agenda according to the order of business. The order of
business for each regular meeting shall be as follows:
 Call to Order
 Pledge of Allegiance
 Approval of the Agenda
 Approval of Minutes
 Public Comment
 Other Discussion
 Old/New Business
 Staff/Committee Monthly Reports
 Adjournment
By general consent of the board, items may be considered out of order.
Rule 7. Presiding Officer

The chair of the board shall preside at board meetings. The chair may vote in all cases.
In order to address the board, a board member must be recognized by the chair. If the
chair is absent, the vice-chair shall preside. If both the chair and vice-chair are absent,
another member designated by vote of the board shall preside. If any member of the
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board determines another member continually seeks the floor and speaks out of turn, that
member may be called to order and reminded of the proper rules of debate.
The presiding officer shall have the following powers:
a) To rule motions in or out of order, including any motion patently offered for obstructive
or dilatory purposes;
b) To determine whether a speaker has gone beyond reasonable standards of courtesy
in his remarks and to entertain and rule on objections from other members on this ground;
c) To entertain and answer questions of parliamentary law or procedure;
d) To call a brief recess at any time;
e) To adjourn in an emergency.
A decision by the presiding officer under any of the first three powers listed may be
appealed to the board upon motion of any member, pursuant to Rule 16, Motion 1. Such
a motion is in order immediately after a decision under those powers is announced and
at no other time. The member making the motion need not be recognized by the presiding
officer, and the motion, if timely made, may not be ruled out of order.
Rule 8. Action by the Board

The board shall proceed by motion, except as otherwise provided for in Rules 3, 4, and
25. Any member, including the chair, may make a motion.
Rule 9. Second Required

Each motion requires a second.
Rule 10. One Motion at a Time

A member may make only one motion at a time.
Rule 11. Substantive Motions

A substantive motion is out of order while another substantive motion is pending.
Rule 12. Adoption by Majority Vote

A motion shall be adopted by a majority of the votes cast, a quorum as defined in Rule
22 being present, unless otherwise required by these rules or the laws of North Carolina.
A majority is more than half.
Rule 13. Voting by Written Ballot

The board may choose by majority vote to use written ballots in voting on a motion.
Such ballots shall be signed, and the minutes of the board shall show the vote of each
member voting. The ballots shall be available for public inspection in the office of the town
clerk immediately following the meeting at which the vote took place and until the minutes
of that meeting are approved, at which time the ballots may be destroyed.
Rule 14. Debate

The chair shall state the motion and then open the floor to debate. The chair shall
preside over the debate according to the following general principles:
a) The maker of the motion is entitled to speak first;
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b) A member who has not spoken on the issue shall be recognized before someone
who has already spoken;
c) To the extent possible, the debate shall alternate between proponents and opponents
of the measure.
Rule 15. Ratification of Actions

To the extent permitted by law, the board may ratify actions taken on its behalf but
without its prior approval. A motion to ratify is a substantive motion.
Rule 16. Procedural Motions

(a) Certain Motions Allowed. In addition to substantive proposals, only the following
procedural motions, and no others, are in order. Unless otherwise noted, each motion is
debatable, may be amended, and requires a majority of the votes cast, a quorum being
present, for adoption. Procedural motions are in order while a substantive motion is
pending and at other times, except as otherwise noted.
(b) Order of Priority of Motions. In order of priority (if applicable), the procedural
motions are
Motion 1. To Appeal a Procedural Ruling of the Presiding Officer. A decision

of the presiding officer ruling a motion in or out of order, determining whether a speaker
has gone beyond reasonable standards of courtesy in his remarks, or entertaining and
answering a question of parliamentary law or procedure may be appealed to the board,
as specified in Rule 7. This appeal is in order immediately after such a decision is
announced and at no other time. The member making the motion need not be recognized
by the presiding officer and the motion, if timely made, may not be ruled out of order.
Motion 2. To Adjourn. This motion may be made only at the conclusion of action
on a pending substantive matter; it may not interrupt deliberation of a pending matter. A
motion to adjourn to a time and place certain shall also comply with the requirements of
Rule 2(c).
Motion 3. To Take a Brief Recess. Any member of the board may make a motion
to take a brief recess for the purpose of causing the board to pause briefly in its
proceedings.
Motion 4. Call to Follow the Agenda. The motion must be made at the first
reasonable opportunity or it is waived.
Motion 5. To Suspend the Rules. The board may not suspend provisions of the
rules that state requirements imposed by law on the board. For adoption, the motion
requires an affirmative vote equal to a majority of the entire membership of the board. A
majority is more than half.
Motion 6. To Divide a Complex Motion and Consider It by Paragraph. The
motion is in order whenever a member wishes to consider and vote on subparts of a
complex motion separately.
Motion 7. To Defer Consideration. The board may defer a substantive motion for
later consideration at an unspecified time. A substantive motion the consideration of
which has been deferred expires 100 days thereafter unless a motion to revive
consideration is adopted. If consideration of a motion has been deferred, a new motion
with the same effect cannot be introduced while the deferred motion (has not expired). A
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person who wishes to revisit the matter during that time must take action to revive
consideration of the original motion (Rule 16(b), Motion 14), or else move to suspend the
rules (Rule 16(b), Motion 5).
Motion 8. Motion for the Previous Question. The motion is not in order until
there have been at least 20 minutes of debate and every member has had an opportunity
to speak once.
Motion 9. To Postpone to a Certain Time or Day. If consideration of a motion
has been postponed, a new motion with the same effect cannot be introduced while the
postponed motion remains pending. A person who wishes to revisit the matter must either
wait until the specified time or move to suspend the rules (Rule 16(b), Motion 5).
Motion 10. To Refer a Motion to a Committee. The board may vote to refer a
substantive motion to a committee for its study and recommendations. Sixty days or more
after a substantive motion has been referred to a committee, the introducer of the
substantive motion may compel consideration of the measure by the entire board,
whether or not the committee has reported the matter to the board.
Motion 11. To Amend.
(a) An amendment to a motion must be pertinent to the subject matter of the
motion. An amendment is improper if adoption of the motion with that amendment added
would have the same effect as rejection of the original motion. A proposal to substitute
completely different wording for a motion or an amendment shall be treated as a motion
to amend.
(b) A motion may be amended, and that amendment may be amended, but no
further amendments may be made until the last-offered amendment is disposed of by a
vote.
(c) Any amendment to a proposed order, policy, or regulation shall be reduced to
writing before the vote on the amendment.
Motion 12. To Revive Consideration. The board may vote to revive consideration
of any substantive motion earlier deferred by adoption of Motion 9 of Rule 16(b). The
motion is in order at any time within 100 days after the day of a vote to defer consideration.
A substantive motion on which consideration has been deferred expires 100 days after
the deferral unless a motion to revive consideration is adopted.
Motion 13. To Reconsider. The board may vote to reconsider its action on a
matter. The motion to do so must be made by a member who voted with the prevailing
side (the majority, except in the case of a tie; in that case the “no’s” prevail) and only at
the meeting during which the original vote was taken, including any continuation of that
meeting through adjournment to a time and place certain. The motion cannot interrupt
deliberation on a pending matter but is in order at any time before final adjournment of
the meeting.
Motion 14. To Rescind or Repeal. The board may vote to rescind actions it has
previously taken or to repeal items that it has previously adopted. The motion is not in
order if rescission or repeal of an action is forbidden by law.
Motion 15. To Prevent Reintroduction for Six Months. The motion shall be in
order immediately following the defeat of a substantive motion and at no other time. The
motion requires for adoption a vote equal to two-thirds of the entire membership of the
board. If adopted, the restriction imposed by the motion remains in effect for six months
or until the next organizational meeting of the board, whichever occurs first.
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Rule 17. Renewal of Motion

A motion that is defeated may be renewed at any later meeting unless a motion to
prevent reconsideration has been adopted.
Rule 18. Withdrawal of Motion

A motion may be withdrawn by the introducer at any time before it is amended or before
the chair puts the motion to a vote, whichever occurs first.
Rule 19. Duty to Vote

Members who are absent from a meeting are considered absent and no vote of any
kind is recorded for that absent member. If a member is absent at the beginning of a
meeting but comes to the meeting before it adjourns, the clerk shall mark the member
absent until such time as the member arrives at which point the member will be marked
present. Every member physically present in the board chamber must vote unless
excused by the remaining members of the board. A member who is physically present in
the board chamber and wishes to be excused from voting shall so inform the chair, who
shall take a vote of the remaining members. No member who is physically present in the
board chamber shall be excused from voting except in cases involving conflicts of interest,
as defined by the board or by law, or the member’s official conduct, as defined by the
board. In all other cases, a failure to vote by a member who is physically present in the
board chamber, or who has withdrawn without being excused by a majority vote of the
remaining members present, shall be recorded as an affirmative vote.
Rule 20. Special Rules of Procedure

The boards, committees and task forces may not adopt their own special rules of
procedure. Each board or committee shall include a Council Liaison, a member of the
Town Council, who is appointed by the Mayor. The Council Liaison attends the meetings
and reports back to Council all happenings and outcomes of the meeting. The Council
Liaison will not take part in board or committee debates nor any vote taken during the
meeting. If the board or committee has a question for the Town Council, the Chairman
shall make a request to the Council Liaison that they report such matters to the Council.
The Council Liaison may make a request to the chair to speak upon the Council’s behalf.
The Council Liaison cannot state their individual opinion as the Council’s opinion. In cases
where the Councilmembers are considered active members of a board, committee or task
force, the rules set forth herein limiting the participation of a Council Liaison shall not
apply.
Rule 21. Closed Sessions

No board or committee except Council may hold closed sessions.
Rule 22. Quorum

A majority of the actual membership of the board excluding vacant seats shall constitute
a quorum. A majority is more than half. The chair shall be considered a member of the
board in determining the number on which a majority is based and in counting the number
of members actually present. A member who has withdrawn from a meeting without being
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excused by majority vote of the remaining members present shall be counted as present
for purposes of determining whether or not a quorum is present.
Rule 23. Public Hearings

Public hearings required by law or deemed advisable by the board shall be organized
by a special order that sets forth the subject, date, place, and time of the hearing as well
as any rules regarding the length of time allotted for each speaker, and other pertinent
matters. The special order is adopted by a majority vote. Its specifications may include,
but are not limited to, rules fixing the maximum time allotted to each speaker (three
minutes); providing for the designation of spokespersons for groups of persons supporting
or opposing the same positions; providing for the selection of delegates from groups of
persons supporting or opposing the same positions when the number of persons wishing
to attend the hearing exceeds the capacity of the hall (so long as arrangements are made,
in the case of hearings subject to the open meetings law, for those excluded from the hall
to listen to the hearing); and providing for the maintenance of order and decorum in the
conduct of the hearing.
All notice and other requirements of the open meetings law applicable to board
meetings shall also apply to public hearings at which a majority of the board is present;
such a hearing is considered to be part of a regular or special meeting of the board. These
requirements also apply to hearings conducted by appointed or elected committees of
board members, if a majority of the committee is present. A public hearing for which any
required notices have been given may be continued to a time and place certain without
further advertisement. The requirements of Rule 2(c) shall be followed in continuing a
hearing at which a majority of the board, or of a board committee, as applicable, is
present.
At the time appointed for the hearing, the chair or his or her designee shall call the
hearing to order and then preside over it. When the allotted time expires, or earlier, if no
one wishes to speak who has not done so, the presiding officer shall declare the hearing
ended.
Rule 24. Minutes

Full and accurate minutes of the board or committee proceedings shall be kept by the
town clerk. These minutes and general accounts shall be open to inspection of the public,
except as otherwise provided in this rule. The exact wording of each motion and the
results of each vote shall be recorded in the minutes, and on the request of any member
of the board, the entire board shall be polled by name on any vote. Members’ and other
persons’ comments may be included in the minutes if the board approves .Minutes and
general accounts of closed sessions may be sealed by action of the board. Such sealed
minutes and general accounts may be withheld from public inspection so long as public
inspection would frustrate the purpose of the closed session.
Minutes of proceedings of the board or committee which have not been fully approved
by the board or committee, and which are considered in “draft” form will only be furnished
upon request. When formally approved by the board or committee, such minutes shall
be published and available for review by the public.
Rule 25. Appointments
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A board or committee may make appointments to a task force in open session. The
board or committee may recommend an appointee to the Town Council for consideration
of a vacant position on the board or committee.
The board shall use the following procedure to make appointments or
recommendations to various other boards, committees, and task forces. The chair shall
open the floor for nominations, whereupon the names of possible appointees may be put
forward by the board members. The names submitted shall be debated. When the debate
ends, the chair shall call the roll of the members, and each member shall cast his or her
vote. Written ballots may be used as discussed in Rule 13.
The voting shall continue until one nominee receives a majority of the votes cast,
whereupon he or she shall be appointed. If more than one appointee is to be selected,
then each member shall have as many votes in each balloting as there are slots to be
filled, and votes from a majority of the members voting shall be required for appointment.
During each balloting, a member may cast all of his or her votes or fewer than all of them,
but he or she shall not cast more than one vote for a single candidate.
Rule 26. Committees and Boards

(a) Establishment and Appointment. The board may establish and appoint members
for such temporary and standing committees and boards as are required by law or needed
to help carry on the board’s work i.e., appoint a chairman if one is not present. Any
specific provisions of law relating to particular committees and boards shall be followed.
(b) Open Meetings Law. The requirements of the open meetings law shall apply to all
elected or appointed authorities, boards, commissions, councils, or other bodies of a local
governmental unit that are composed of two or more members and that exercise or are
authorized to exercise legislative, policy-making, quasi-judicial, administrative, or
advisory functions. However, the law’s requirements shall not apply to a meeting solely
among a unit’s professional staff.
Rule 27. Amendment of the Rules

These rules may only be amended by the Town Council unless a state statute provides
otherwise.
Rule 28. Reference to Robert’s Rules of Order

Boards shall refer to the current edition of Robert’s Rules of Order Newly Revised, to
answer procedural questions not resolved in these rules, so long as RONR does not
conflict with North Carolina law or with the spirit of these rules.
Rule 29. Miscellaneous Matters

All references contained in these rules to the "town clerk" shall include the town clerk
and her/his designees.
These rules are taken from and based on "Suggested Rules of Procedure for Small
Local Government Boards" by A. Fleming Bell, II and published by the UNC School of
Government.
THESE RULES OF PROCEDURE WERE APPROVED BY THE TOWN COUNCIL OF
Page 54 of 294
THE TOWN OF LELAND, N.C. AT A REGULAR MEETING HELD ON JULYNE 1920,

20189.
_____________________________________
(SEAL)
Page 55 of 294
Rules of Procedure for Boards and Committees and

Task Forces Established By the Town Council of the
Town of Leland or Under Provisions of the Town Code
The term “board” or “boards” when used in this policy shall include all boards
and committees and task forces of the Town of Leland unless otherwise stated.
Rule 1. Regular Meetings

Boards shall hold regular meetings in accordance with the annual schedule adopted
by each board. A copy of the current meeting schedule for all boards shall be filed with
the town clerk.
Rule 2. Special, Emergency, and Recessed or Adjourned Meetings

(a) Special Meetings. The chair or a majority of the members may at any time call a
special meeting of the board. At least forty-eight hours before a special meeting called
in this manner, written notice of the meeting stating its time and place and the subjects
to be considered shall be (1) given to each board member; (2) posted on the board’s
principal bulletin board or, if none, at the door of the board’s usual meeting room; and
(3) mailed or delivered to each newspaper, wire service, radio station, television station,
and person who has filed a written request for notice with the town clerk.
A special meeting may also be called or scheduled by vote of the board in open
session during another duly called meeting. The motion or resolution calling or
scheduling the special meeting shall specify its time, place, and purpose. At least forty-
eight hours before a special meeting called in this manner, notice of the time, place, and
purpose of the meeting shall be (1) posted on the board’s principal bulletin board or, if
none, at the door of the board’s usual meeting room and (2) mailed or delivered to each
newspaper, wire service, radio station, television station, and person who has filed a
written request for notice with the town clerk. Such notice shall also be mailed or
delivered at least forty-eight hours before the meeting to each board member not
present at the meeting at which the special meeting was called or scheduled.
Only those items of business specified in the notice may be discussed or transacted
at a special meeting, unless (1) all members are present and (2) the board determines
in good faith at the meeting that it is essential to discuss or act on the item immediately.
(b) Emergency Meetings. The chair or a majority of the members may at any time
call an emergency meeting of the board by signing a written notice stating the time and
place of the meeting and the subjects to be considered. Written or oral notice of the
meeting shall be given to each board member and to each local newspaper, local wire
service, local radio station, and local television station that has filed a written emergency
meeting notice request with the town clerk and whose request includes the
newspaper’s, wire services, or station’s telephone number. Notice to the news media
shall be given at the expense of the party notified.
Emergency meetings may be called only because of generally unexpected
circumstances that require immediate consideration by the board. Only business
connected with the emergency may be considered at an emergency meeting.
(c) Recessed or Adjourned Meetings. A properly called regular, special, or
Adopted by the Town Council on June 20, 2019 1

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emergency meeting may be recessed or adjourned to a time and place certain by a

procedural motion made and adopted as provided in Rule 16(b), Motion 2, in open
session during the regular, special, or emergency meeting. The motion shall state the
time and place when the meeting will reconvene. No further notice need be given of
such a recessed or adjourned session of a properly called regular, special, or
emergency meeting.
Rule 3. Organizational Meeting

At the first regular meeting in July for both Planning and Parks and Recreation
Boards, any newly appointed board members shall take and subscribe the oath of office
as the first order of business. The second order of business for both Planning and Parks
and Recreation Boards shall be to elect a chair and vice chair using one of the
nomination and voting procedures set out in Rule 25.
Only members of the Planning and Parks and Recreation Boards shall take and
subscribe the oath of office.
The other Committees shall elect a chair and vice chair at their first meeting after
June 30 and shall be elected using one of the nomination and voting procedures set out
in Rule 25. The chair for any other committee shall be appointed by the Board which
oversees the committee.
Rule 4. Agenda
(a) Proposed Agenda. The town clerk shall prepare a proposed agenda for each
meeting. A request to have an item of business placed on the agenda must be received
at least two working days before the meeting. Any board member may, by a timely
request, have an item placed on the proposed agenda. A copy of all proposed orders,
policies, regulations, and resolutions shall be attached to the proposed agenda. An
agenda package shall be prepared that includes for each item of business placed on the
proposed agenda, as much background information on the subject as is available and
feasible to reproduce. Each board member shall receive a copy of the proposed agenda
and the agenda package and they shall be available for public inspection and/or
distribution when they are distributed to the board members.
(b) Adoption of the Agenda. As its first order of business at each meeting, the board
shall, as specified in Rule 6, discuss and revise the proposed agenda and adopt an
agenda for the meeting. The board may by majority vote add items to or subtract items
from the proposed agenda, except that the board may not add items to the agenda of a
special meeting unless (a) all members are present and (b) the board determines in
good faith at the meeting that it is essential to discuss or act on the item immediately. If
items are proposed to be added to the agenda, the board may, by majority vote, require
that written copies of particular documents connected with the items be made available
at the meeting to all board members.
The board may designate certain agenda items “for discussion and potential action.”
Such designation means that the board intends to discuss the general subject area of
that agenda item before making any motion concerning that item.
(c) Open Meetings Requirements. The board shall not deliberate, vote, or otherwise
take action on any matter by reference to a letter, number or other designation, or other
secret device or method, with the intention of making it impossible for persons attending

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a meeting of the board to understand what is being deliberated, voted, or acted on.
However, the board may deliberate, vote, or otherwise take action by reference to an
agenda, if copies of the agenda—sufficiently worded to enable the public to understand
what is being deliberated, voted, or acted on—are available for public inspection at the
meeting.
Rule 5. Public Address to the Board

The public comment portion of the agenda provides a time for members of the public to
address the board. Any individual or group who wishes to address the board during a
meeting shall first make a request to the Town Clerk to be placed on the agenda under
the public comment portion of the agenda. Each speaker or group that makes such a
request will be allotted a maximum of three minutes to address the board during the
public comments portion of the board Meeting. Board members should refrain from
engaging in a debate with speakers during public comment.
The board may, upon motion and an affirmative vote of the majority the Board Members
present and voting, recognize an individual or group and allow the individual / group to
speak outside of the public comment portion of the board meeting. In such instances,
the recognized speaker or group shall limit comments to the item then under
consideration by the board. Any comments made unrelated to the matter under
consideration are out of order and the presiding Board member should note same.
Rule 6. Order of Business

Items shall be placed on the agenda according to the order of business. The order of
business for each regular meeting shall be as follows:
 Call to Order
 Pledge of Allegiance
 Approval of the Agenda
 Approval of Minutes
 Public Comment
 Other Discussion
 Old/New Business
 Staff/Committee Monthly Reports
 Adjournment
By general consent of the board, items may be considered out of order.
Rule 7. Presiding Officer

The chair of the board shall preside at board meetings. The chair may vote in all
cases. In order to address the board, a board member must be recognized by the chair.
If the chair is absent, the vice-chair shall preside. If both the chair and vice-chair are
absent, another member designated by vote of the board shall preside. If any member
of the board determines another member continually seeks the floor and speaks out of
turn, that member may be called to order and reminded of the proper rules of debate.
The presiding officer shall have the following powers:
a) To rule motions in or out of order, including any motion patently offered for
obstructive or dilatory purposes;

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b) To determine whether a speaker has gone beyond reasonable standards of

courtesy in his remarks and to entertain and rule on objections from other members on
this ground;
c) To entertain and answer questions of parliamentary law or procedure;
d) To call a brief recess at any time;
e) To adjourn in an emergency.
A decision by the presiding officer under any of the first three powers listed may be
appealed to the board upon motion of any member, pursuant to Rule 16, Motion 1. Such
a motion is in order immediately after a decision under those powers is announced and
at no other time. The member making the motion need not be recognized by the
presiding officer, and the motion, if timely made, may not be ruled out of order.
Rule 8. Action by the Board

The board shall proceed by motion, except as otherwise provided for in Rules 3, 4,
and 25. Any member, including the chair, may make a motion.
Rule 9. Second Required

Each motion requires a second.
Rule 10. One Motion at a Time

A member may make only one motion at a time.
Rule 11. Substantive Motions

A substantive motion is out of order while another substantive motion is pending.
Rule 12. Adoption by Majority Vote

A motion shall be adopted by a majority of the votes cast, a quorum as defined in Rule
22 being present, unless otherwise required by these rules or the laws of North
Carolina. A majority is more than half.
Rule 13. Voting by Written Ballot

The board may choose by majority vote to use written ballots in voting on a motion.
Such ballots shall be signed, and the minutes of the board shall show the vote of each
member voting. The ballots shall be available for public inspection in the office of the
town clerk immediately following the meeting at which the vote took place and until the
minutes of that meeting are approved, at which time the ballots may be destroyed.
Rule 14. Debate

The chair shall state the motion and then open the floor to debate. The chair shall
preside over the debate according to the following general principles:
a) The maker of the motion is entitled to speak first;
b) A member who has not spoken on the issue shall be recognized before someone
who has already spoken;
c) To the extent possible, the debate shall alternate between proponents and
opponents of the measure.

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Rule 15. Ratification of Actions

To the extent permitted by law, the board may ratify actions taken on its behalf but
without its prior approval. A motion to ratify is a substantive motion.
Rule 16. Procedural Motions

(a) Certain Motions Allowed. In addition to substantive proposals, only the following
procedural motions, and no others, are in order. Unless otherwise noted, each motion is
debatable, may be amended, and requires a majority of the votes cast, a quorum being
present, for adoption. Procedural motions are in order while a substantive motion is
pending and at other times, except as otherwise noted.
(b) Order of Priority of Motions. In order of priority (if applicable), the procedural
motions are
Motion 1. To Appeal a Procedural Ruling of the Presiding Officer. A decision

of the presiding officer ruling a motion in or out of order, determining whether a speaker
has gone beyond reasonable standards of courtesy in his remarks, or entertaining and
answering a question of parliamentary law or procedure may be appealed to the board,
as specified in Rule 7. This appeal is in order immediately after such a decision is
announced and at no other time. The member making the motion need not be
recognized by the presiding officer and the motion, if timely made, may not be ruled out
of order.
Motion 2. To Adjourn. This motion may be made only at the conclusion of
action on a pending substantive matter; it may not interrupt deliberation of a pending
matter. A motion to adjourn to a time and place certain shall also comply with the
requirements of Rule 2(c).
Motion 3. To Take a Brief Recess. Any member of the board may make a
motion to take a brief recess for the purpose of causing the board to pause briefly in its
proceedings.
Motion 4. Call to Follow the Agenda. The motion must be made at the first
reasonable opportunity or it is waived.
Motion 5. To Suspend the Rules. The board may not suspend provisions of the
rules that state requirements imposed by law on the board. For adoption, the motion
requires an affirmative vote equal to a majority of the entire membership of the board. A
majority is more than half.
Motion 6. To Divide a Complex Motion and Consider It by Paragraph. The
motion is in order whenever a member wishes to consider and vote on subparts of a
complex motion separately.
Motion 7. To Defer Consideration. The board may defer a substantive motion
for later consideration at an unspecified time. A substantive motion the consideration of
which has been deferred expires 100 days thereafter unless a motion to revive
consideration is adopted. If consideration of a motion has been deferred, a new motion
with the same effect cannot be introduced while the deferred motion (has not expired).
A person who wishes to revisit the matter during that time must take action to revive
consideration of the original motion (Rule 16(b), Motion 14), or else move to suspend
the rules (Rule 16(b), Motion 5).

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Motion 8. Motion for the Previous Question. The motion is not in order until
there have been at least 20 minutes of debate and every member has had an
opportunity to speak once.
Motion 9. To Postpone to a Certain Time or Day. If consideration of a motion
has been postponed, a new motion with the same effect cannot be introduced while the
postponed motion remains pending. A person who wishes to revisit the matter must
either wait until the specified time or move to suspend the rules (Rule 16(b), Motion 5).
Motion 10. To Refer a Motion to a Committee. The board may vote to refer a
substantive motion to a committee for its study and recommendations. Sixty days or
more after a substantive motion has been referred to a committee, the introducer of the
substantive motion may compel consideration of the measure by the entire board,
whether or not the committee has reported the matter to the board.
Motion 11. To Amend.
(a) An amendment to a motion must be pertinent to the subject matter of the
motion. An amendment is improper if adoption of the motion with that amendment
added would have the same effect as rejection of the original motion. A proposal to
substitute completely different wording for a motion or an amendment shall be treated
as a motion to amend.
(b) A motion may be amended, and that amendment may be amended, but no
further amendments may be made until the last-offered amendment is disposed of by a
vote.
(c) Any amendment to a proposed order, policy, or regulation shall be reduced to
writing before the vote on the amendment.
Motion 12. To Revive Consideration. The board may vote to revive
consideration of any substantive motion earlier deferred by adoption of Motion 9 of Rule
16(b). The motion is in order at any time within 100 days after the day of a vote to defer
consideration. A substantive motion on which consideration has been deferred expires
100 days after the deferral unless a motion to revive consideration is adopted.
Motion 13. To Reconsider. The board may vote to reconsider its action on a
matter. The motion to do so must be made by a member who voted with the prevailing
side (the majority, except in the case of a tie; in that case the “no’s” prevail) and only at
the meeting during which the original vote was taken, including any continuation of that
meeting through adjournment to a time and place certain. The motion cannot interrupt
deliberation on a pending matter but is in order at any time before final adjournment of
the meeting.
Motion 14. To Rescind or Repeal. The board may vote to rescind actions it has
previously taken or to repeal items that it has previously adopted. The motion is not in
order if rescission or repeal of an action is forbidden by law.
Motion 15. To Prevent Reintroduction for Six Months. The motion shall be in
order immediately following the defeat of a substantive motion and at no other time. The
motion requires for adoption a vote equal to two-thirds of the entire membership of the
board. If adopted, the restriction imposed by the motion remains in effect for six months
or until the next organizational meeting of the board, whichever occurs first.
Rule 17. Renewal of Motion

A motion that is defeated may be renewed at any later meeting unless a motion to

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prevent reconsideration has been adopted.
Rule 18. Withdrawal of Motion

A motion may be withdrawn by the introducer at any time before it is amended or
before the chair puts the motion to a vote, whichever occurs first.
Rule 19. Duty to Vote

Members who are absent from a meeting are considered absent and no vote of any
kind is recorded for that absent member. If a member is absent at the beginning of a
meeting but comes to the meeting before it adjourns, the clerk shall mark the member
absent until such time as the member arrives at which point the member will be marked
present. Every member physically present in the board chamber must vote unless
excused by the remaining members of the board. A member who is physically present
in the board chamber and wishes to be excused from voting shall so inform the chair,
who shall take a vote of the remaining members. No member who is physically present
in the board chamber shall be excused from voting except in cases involving conflicts of
interest, as defined by the board or by law, or the member’s official conduct, as defined
by the board. In all other cases, a failure to vote by a member who is physically present
in the board chamber, or who has withdrawn without being excused by a majority vote
of the remaining members present, shall be recorded as an affirmative vote.
Rule 20. Special Rules of Procedure

The boards, committees and task forces may not adopt their own special rules of
procedure. Each board or committee shall include a Council Liaison, a member of the
Town Council, who is appointed by the Mayor. The Council Liaison attends the
meetings and reports back to Council all happenings and outcomes of the meeting. The
Council Liaison will not take part in board or committee debates nor any vote taken
during the meeting. If the board or committee has a question for the Town Council, the
Chairman shall make a request to the Council Liaison that they report such matters to
the Council. The Council Liaison may make a request to the chair to speak upon the
Council’s behalf. The Council Liaison cannot state their individual opinion as the
Council’s opinion. In cases where the Councilmembers are considered active members
of a board, committee or task force, the rules set forth herein limiting the participation of
a Council Liaison shall not apply.
Rule 21. Closed Sessions

No board or committee except Council may hold closed sessions.
Rule 22. Quorum

A majority of the actual membership of the board excluding vacant seats shall
constitute a quorum. A majority is more than half. The chair shall be considered a
member of the board in determining the number on which a majority is based and in
counting the number of members actually present. A member who has withdrawn from
a meeting without being excused by majority vote of the remaining members present
shall be counted as present for purposes of determining whether or not a quorum is
present.

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Rule 23. Public Hearings

Public hearings required by law or deemed advisable by the board shall be organized
by a special order that sets forth the subject, date, place, and time of the hearing as well
as any rules regarding the length of time allotted for each speaker, and other pertinent
matters. The special order is adopted by a majority vote. Its specifications may include,
but are not limited to, rules fixing the maximum time allotted to each speaker (three
minutes); providing for the designation of spokespersons for groups of persons
supporting or opposing the same positions; providing for the selection of delegates from
groups of persons supporting or opposing the same positions when the number of
persons wishing to attend the hearing exceeds the capacity of the hall (so long as
arrangements are made, in the case of hearings subject to the open meetings law, for
those excluded from the hall to listen to the hearing); and providing for the maintenance
of order and decorum in the conduct of the hearing.
All notice and other requirements of the open meetings law applicable to board
meetings shall also apply to public hearings at which a majority of the board is present;
such a hearing is considered to be part of a regular or special meeting of the board.
These requirements also apply to hearings conducted by appointed or elected
committees of board members, if a majority of the committee is present. A public
hearing for which any required notices have been given may be continued to a time and
place certain without further advertisement. The requirements of Rule 2(c) shall be
followed in continuing a hearing at which a majority of the board, or of a board
committee, as applicable, is present.
At the time appointed for the hearing, the chair or his or her designee shall call the
hearing to order and then preside over it. When the allotted time expires, or earlier, if no
one wishes to speak who has not done so, the presiding officer shall declare the
hearing ended.
Rule 24. Minutes

Full and accurate minutes of the board or committee proceedings shall be kept by the
town clerk. These minutes and general accounts shall be open to inspection of the
public, except as otherwise provided in this rule. The exact wording of each motion and
the results of each vote shall be recorded in the minutes, and on the request of any
member of the board, the entire board shall be polled by name on any vote. Members’
and other persons’ comments may be included in the minutes if the board approves
.Minutes and general accounts of closed sessions may be sealed by action of the
board. Such sealed minutes and general accounts may be withheld from public
inspection so long as public inspection would frustrate the purpose of the closed
session.
Minutes of proceedings of the board or committee which have not been fully
approved by the board or committee, and which are considered in “draft” form will only
be furnished upon request. When formally approved by the board or committee, such
minutes shall be published and available for review by the public.
Rule 25. Appointments

A board or committee may make appointments to a task force in open session. The

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board or committee may recommend an appointee to the Town Council for

consideration of a vacant position on the board or committee.
The board shall use the following procedure to make appointments or
recommendations to various other boards, committees, and task forces. The chair shall
open the floor for nominations, whereupon the names of possible appointees may be
put forward by the board members. The names submitted shall be debated. When the
debate ends, the chair shall call the roll of the members, and each member shall cast
his or her vote. Written ballots may be used as discussed in Rule 13.
The voting shall continue until one nominee receives a majority of the votes cast,
whereupon he or she shall be appointed. If more than one appointee is to be selected,
then each member shall have as many votes in each balloting as there are slots to be
filled, and votes from a majority of the members voting shall be required for
appointment. During each balloting, a member may cast all of his or her votes or fewer
than all of them, but he or she shall not cast more than one vote for a single candidate.
Rule 26. Committees and Boards

(a) Establishment and Appointment. The board may establish and appoint
members for such temporary and standing committees and boards as are required by
law or needed to help carry on the board’s work i.e., appoint a chairman if one is not
present. Any specific provisions of law relating to particular committees and boards
shall be followed.
(b) Open Meetings Law. The requirements of the open meetings law shall apply to all
elected or appointed authorities, boards, commissions, councils, or other bodies of a
local governmental unit that are composed of two or more members and that exercise
or are authorized to exercise legislative, policy-making, quasi-judicial, administrative, or
advisory functions. However, the law’s requirements shall not apply to a meeting solely
among a unit’s professional staff.
Rule 27. Amendment of the Rules

These rules may only be amended by the Town Council unless a state statute
provides otherwise.
Rule 28. Reference to Robert’s Rules of Order

Boards shall refer to the current edition of Robert’s Rules of Order Newly Revised, to
answer procedural questions not resolved in these rules, so long as RONR does not
conflict with North Carolina law or with the spirit of these rules.
Rule 29. Miscellaneous Matters

All references contained in these rules to the "town clerk" shall include the town clerk
and her/his designees.
These rules are taken from and based on "Suggested Rules of Procedure for Small
Local Government Boards" by A. Fleming Bell, II and published by the UNC School of
Government.
THESE RULES OF PROCEDURE WERE APPROVED BY THE TOWN COUNCIL OF

THE TOWN OF LELAND, N.C. AT A REGULAR MEETING HELD ON JUNE 20, 2019.

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_____________________________________
(SEAL)

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Prepared By: Niel Brooks
TITLE: Resolution R19-062 Authorizing the Town Manager to Execute an Interlocal

Inspections Services Agreement with the Town of Navassa
PURPOSE: To authorize the Town Manager to execute an Interlocal Inspections Services

Agreement with the Town of Navassa
BACKGROUND: The Town of Leland has provided building inspections services to the Town of Navassa
since 2012. In 2015 the General Assembly amended the statutes concerning
building permitting fees to specifically state: “All fees collected under the
authority set forth in this section shall be used for support of the
administration and activities of the inspection department and for no other
purpose” (G.S. 153A-354 and 160A-414; S.L. 2015-145). The general notion of
this law was straightforward and in line with prior caselaw. It codified the rule
that permitting fees should be reasonably related to the cost of administering
the permit, and those funds should actually pay for those administrative costs.
The precise scope of this law, though, is not perfectly clear.
SUMMARY: In light of the general statutes and subsequent case law, the Town of Leland needs to
update our agreement with Navassa to ensure compliance with all state
requirements.

OR PLANS:
FINANCIAL: Building Inspections staff has determined that there is no significant difference in the
cost of providing inspections within Navassa versus other parts of the Leland town
limits. Thus, the established permit fees should cover all expenses.
ALTERNATIVES: Council could choose to approve or deny the resolution.
RECOMMENDATION: Staff recommends approval.

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Resolution R19-062
Introduced By: Niel Brooks
Date: June 20, 2019
Resolution Approving an Interlocal Inspections Services Agreement with the Town of

Navassa
WHEREAS, the Town of Leland has provided building inspections services within the Town of
Navassa since 2012 per an interlocal agreement; and
WHEREAS, changes in state law have resulted in a need to update this agreement to meet the
requirements of G.S. 153A-354 and 160A-414; S.L 2015-145;
That the Leland Town Council approves and authorizes the Town Manager to execute a new
Interlocal Inspections Services Agreement with the Town of Navassa as attached, subject to
final review and approval by the Town Attorney.

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NORTH CAROLINA
INTERLOCAL INSPECTIONS
SERVICES AGREEMENT
BRUNSWICK COUNTY
WITNESSETH:
THIS AGREEMENT, made and entered into this the ___ day of _______,
2019, by and between the Town of Leland, a municipal corporation located in Brunswick
County, N.C. (hereinafter “Leland”) and the Town of Navassa, , a municipal corporation
located in Brunswick County, N.C. (hereinafter “Navassa”).
WHEREAS, Leland currently provides building inspection services required by

the applicable provisions of the North Carolina State Building Code and fire inspection
services as required by the North Carolina State Building Code: Fire Prevention Code in
the corporate limits of Leland (such inspection services referred to herein collectively as
"comprehensive inspection services"); and
WHEREAS, Navassa has requested and Leland has consented to provide

comprehensive inspection services for Navassa within the corporate limits of Navassa as
by law mandated subject to the limitations herein set forth; and
WHEREAS, such an Agreement is authorized by North Carolina General Statutes

160A-413 and North Carolina General Statute 160A-461.
NOW, THEREFORE, the parties hereto agree as follows:
1. Leland shall provide comprehensive inspection services within the corporate limits of
Navassa pursuant to North Carolina General Statute 160A-41 l through 160A-438 with
the exception of all materials and things relating to North Carolina General Statute 160A-
412(4) and 160A-424. It is expressly understood between the parties that this Agreement
in no way obligates Leland to undertake those responsibilities under North Carolina
General Statute 160A-441 through 160A-450. It is further understood that Leland shall
not provide Level Three fire inspections or inspections of public schools. Such inspections
shall be provided by the Brunswick County Fire Marshal.
2. Fire Inspections shall be provided as frequently as required by the then current version
of the North Carolina State Building Code: Fire Inspection.
3. Leland shall not provide any servicing of permits issued by Navassa prior to the
execution of this document.
Page 1 of 6
Page 68 of 294
4. Leland shall not issue any permits prior to the receipt by Leland from Navassa of
approval of compliance with all applicable Navassa ordinances relating to structures
erected or situated therein nor shall Leland issue any certificates of compliance and/or
occupancy before a review and certification by Navassa of compliance with applicable
Navassa ordinances.
5. Leland shall make available to Navassa copies of all permits relating to structures
situated within the corporate and/or extraterritorial limits of Navassa.
6. Leland shall cooperate with Navassa in the prosecution of criminal and/or civil actions
relating to violations of the North Carolina State Building Code and/or Navassa
ordinances but it is the agreement of the parties hereto that it shall be in the discretion of
and sole expense of Navassa to prosecute any said violations occurring within Navassa's
corporate limits.
7. Leland shall prepare a monthly report of its activities pursuant to this Agreement and
shall forward such report t to Navassa within 15 working days of the end of each month.
Additionally, by February 29 of each year, Leland shall prepare and forward to Navassa a
report of such activities for the prior calendar year.
8. Each party shall pay its own necessary personnel, administrative, legal and other costs
associated with the duties and responsibilities assumed and performed by such party
under this Agreement. All permit and inspections fees and charges collected by Leland in
performance of inspection duties and responsibilities within Navassa and pursuant to this
Agreement shall be collected by Leland. The fees and charges within Navassa shall be the
same as those charged to persons in Leland and shall be based upon Leland's approved
fee schedules currently in effect or as hereafter amended. Pursuant to North Carolina
General Statute 160A-414, all fees collected under this Agreement shall be the property of
the Town of Leland and shall be used for support of the administration and activities of
the Town of Leland inspection division of the planning and inspections department.
9. The jurisdiction, authority, rights, privileges and immunities (including coverage under
the workers' compensation laws) which the officers, agents and employees of Leland enjoy
within the corporate limits of Leland shall also be enjoyed by them outside the corporate
limits of Leland when they are acting pursuant to this Agreement and within the scope of
their authority or the course of their employment.
10. Both Leland and Navassa agree that Leland is acting as an independent contractor
under this Agreement. Control of Leland personnel, standards of performance, discipline
and all other aspects of performance shall be governed entirely by Leland. No joint agency
is established by this Agreement. This Agreement does not create a partnership, joint
venture, other joint endeavor, joint ownership, joint operations or personnel sharing of
Page 2 of 6
Page 69 of 294
any kind. No joint personnel are needed by the parties in order to carry out the obligations
under this Agreement.
11. To the extent E-Verify rules apply to this Agreement, the parties agree to comply with
the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
12. To the extent permitted by law, each party shall indemnify and hold harmless the
other party and its officers, agents and employees from and against any and all claims,
actions, suits, liabilities, losses, costs, expenses and damages of any nature whatsoever,
by reason of or arising out of any negligent action or omission of the indemnifying party,
its officers, agents and employees or any of them, in fulfilling its obligations pursuant to
this Agreement. In the event that any suit based upon such a claim, action, loss or
damage is brought against a party, the other party shall defend the same at its sole cost
and expense; provided that, each indemnified party retains the right to participate in
said suit if any principal of government or public law is involved. If final judgment is to
be rendered against a party and its respective officers, agents, employees or any of them,
or jointly against the parties and its respective officers, agents and employees, or any of
them, the indemnifying party shall satisfy same. Notwithstanding the foregoing, by
executing this Agreement, Leland does not assume liability or responsibility for or in
any way release Town from any liability or responsibility which arises in whole or in part
from the existence or effect of Navassa ordinances, rules or regulations. If any cause,
claim, suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such Navassa ordinance, rule or regulation is at
issue, Navassa shall defend the same at its sole cost and expense and if judgment is
entered or damages are awarded against Navassa, Leland or both, Navassa shall satisfy
the same, including all chargeable costs and attorneys’ fees.
13. If Navassa is in default of any payment obligation hereunder and such default is not
cured by remittance of the amount owed within thirty (30) days following written notice
from Leland of the right to cure, then Leland shall be entitled to specific performance
under this Agreement, injunctive relive and/or direct, incidental or consequential
money damages, which may include attorneys’ fees.
14. Neither party shall discriminate against any employee or applicant for employment
because of race, ethnicity, gender, gender identity, sexual orientation, age, religion,
national origin, disability, color, ancestry, citizenship, genetic information, political
affiliation or military/veteran status, or any other status protected by federal, state or
local law or other unlawful form of discrimination. The parties shall take affirmative
action to ensure that applicants are employed and that employees are treated fairly
during employment
15. This Agreement shall become effective on the date of the execution hereof and shall
remain in effect indefinitely unless and until terminated as provided hereinafter.
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16. This Agreement may be terminated by either party upon thirty (30) days written notice
to the other party. Such termination of this Agreement shall be effective at the end of the
thirty (30) day notice period. For any permits issued by Leland after receipt of written
notice by either party, Leland shall perform the required inspections and collect fees
leading up to and including the issuance of any certificates of compliance and/or
occupancy.
17. All notices hereunder shall be in writing and shall be deemed to have been duly given
if delivered or mailed first class postage pre-paid, addressed as follows:
If to Leland: Town Manager
102 Town Hall Dr.
Leland, NC 28451
If to Navassa: _____________
_____________
_____________
18. This Agreement may be amended or modified upon mutual agreement of the Town
Council of Leland and the Town Council of Navassa provided that any such amendment
shall be reduced to writing and signed by the parties to this Agreement.
19. This Agreement constitutes the entire understanding of the parties.
20. The parties hereto will make and execute all further instruments and documents
required to carry out the purpose and intent of this Agreement, including but not
limited to an administrative letter of understanding setting forth the time schedules
within which services herein must be performed.
21. All the terms and conditions contained herein shall be interpreted in accordance
with the laws of the State of North Carolina. In the event of a conflict between various
terms and conditions contained herein or between these terms and other applicable
provisions, then the more particular shall prevail over the general and the more
stringent or higher standard shall prevail over the less stringent or lower standard. All
actions relating in any way to this Agreement shall be brought in the General Court of
Justice of the State of North Carolina in Brunswick County or in the Federal District
Court for the Eastern District of North Carolina, Wilmington Division. Should a dispute
arise as to the terms of this Agreement, both parties agree that neither may initiate
binding arbitration. The parties may agree to non-binding mediation of any dispute
prior to the bringing of any suit or action.
Page 4 of 6
Page 71 of 294
22. To the extent applicable, neither party waives its governmental immunity by
entering into this Agreement and fully retains all immunities and defenses provided by
law with regard to any action based on this Agreement.
23. If any section, subsection, paragraph, sentence, clause, phrase or portion of this
Agreement is for any reason invalid, unlawful or unconstitutional by any Court of
competent jurisdiction, such portion shall be deemed severable and such holding shall
not affect the validity of the remaining portions hereof.
IN WITNESS WHEREOF, the Town of Leland has caused this instrument to be

executed in its behalf by the Town Manager, attested by its Clerk and its corporate seal to
be hereto affixed and the Town of Navassa has caused this instrument to be executed in
its behalf by its Mayor, attested by its Clerk and its corporate seal being hereto affixed all
on the day and year first above written.
[SIGNATURES ON FOLLOWING PAGE]
Page 5 of 6
Page 72 of 294
TOWN OF LELAND:
ATTEST:
__________________ ____________________
Town Clerk Town Manager
TOWN OF NAVASSA:
ATTEST:
__________________ _____________________
Town Clerk Mayor
This instrument has been pre-audited in the manner required by the Local
Government Budget and Fiscal Control Act.
TOWN OF NAVASSA
______________________________
Name: ________________________
Title: _________________________
APPROVED AS TO FORM APPROVED AS TO FORM
_________________________ _____________________
Navassa Town Attorney Leland Town Attorney
Page 6 of 6
Page 73 of 294

TITLE: Resolution R19-063 Authorizing the Town Manager to Execute an Interlocal

Inspections Services Agreement with the Town of Sandy Creek
PURPOSE: To authorize the Town Manager to execute an Interlocal Inspections Services

Agreement with the Town of Sandy Creek
BACKGROUND: The Town of Leland has provided building inspections services to the Town of Navassa
since 2012. In 2015 the General Assembly amended the statutes concerning
building permitting fees to specifically state: “All fees collected under the
authority set forth in this section shall be used for support of the
administration and activities of the inspection department and for no other
purpose” (G.S. 153A-354 and 160A-414; S.L. 2015-145). The general notion of
this law was straightforward and in line with prior caselaw. It codified the rule
that permitting fees should be reasonably related to the cost of administering
the permit, and those funds should actually pay for those administrative costs.
The precise scope of this law, though, is not perfectly clear.
SUMMARY: In light of the general statutes and subsequent case law, the Town of Leland needs to
update our agreement with Sandy Creek to ensure compliance with all state
requirements.

OR PLANS:
FINANCIAL: Building Inspections staff has determined that there is no significant difference in the
cost of providing inspections within Sandy Creek versus other parts of the Leland
town limits. Thus, the established permit fees should cover all expenses.
ALTERNATIVES: Council could choose to approve or deny the resolution.
RECOMMENDATION: Staff recommends approval.

Page 74 of 294
Resolution R19-063
Date: June 20, 2019
Resolution Approving an Interlocal Inspections Services Agreement with the Town of

Sandy Creek
WHEREAS, the Town of Leland has provided building inspections services within the Town of
Sandy Creek since 2012 per an interlocal agreement; and
WHEREAS, changes in state law have resulted in a need to update this agreement to meet the
requirements of G.S. 153A-354 and 160A-414; S.L 2015-145;
That the Leland Town Council approves and authorizes the Town Manager to execute a new
Interlocal Inspections Services Agreement with the Town of Sandy Creek as attached, subject to
final review and approval by the Town Attorney.

Page 75 of 294
NORTH CAROLINA
INTERLOCAL INSPECTIONS
SERVICES AGREEMENT
BRUNSWICK COUNTY
WITNESSETH:
THIS AGREEMENT, made and entered into this the ___ day of _______,
2019, by and between the Town of Leland, a municipal corporation located in Brunswick
County, N.C. (hereinafter “Leland”) and the Town of Sandy Creek, , a municipal
corporation located in Brunswick County, N.C. (hereinafter “Sandy Creek”).
WHEREAS, Leland currently provides building inspection services required by

the applicable provisions of the North Carolina State Building Code and fire inspection
services as required by the North Carolina State Building Code: Fire Prevention Code in
the corporate limits of Leland (such inspection services referred to herein collectively as
"comprehensive inspection services"); and
WHEREAS, Sandy Creek has requested and Leland has consented to provide
comprehensive inspection services for Sandy Creek within the corporate limits of Sandy
Creek as by law mandated subject to the limitations herein set forth; and
WHEREAS, such an Agreement is authorized by North Carolina General Statutes

160A-413 and North Carolina General Statute 160A-461.
NOW, THEREFORE, the parties hereto agree as follows:
1. Leland shall provide comprehensive inspection services within the corporate limits of
Sandy Creek pursuant to North Carolina General Statute 160A-41 l through 160A-438
with the exception of all materials and things relating to North Carolina General Statute
160A-412(4) and 160A-424. It is expressly understood between the parties that this
Agreement in no way obligates Leland to undertake those responsibilities under North
Carolina General Statute 160A-441 through 160A-450. It is further understood that
Leland shall not provide Level Three fire inspections or inspections of public schools.
Such inspections shall be provided by the Brunswick County Fire Marshal.
2. Fire Inspections shall be provided as frequently as required by the then current version
of the North Carolina State Building Code: Fire Inspection.
3. Leland shall not provide any servicing of permits issued by Sandy Creek prior to the
execution of this document.
Page 1 of 6
Page 76 of 294
4. Leland shall not issue any permits prior to the receipt by Leland from Sandy Creek of
approval of compliance with all applicable Sandy Creek ordinances relating to structures
erected or situated therein nor shall Leland issue any certificates of compliance and/or
occupancy before a review and certification by Sandy Creek of compliance with applicable
Sandy Creek ordinances.
5. Leland shall make available to Sandy Creek copies of all permits relating to structures
situated within the corporate and/or extraterritorial limits of Sandy Creek.
6. Leland shall cooperate with Sandy Creek in the prosecution of criminal and/or civil
actions relating to violations of the North Carolina State Building Code and/or Sandy
Creek ordinances but it is the agreement of the parties hereto that it shall be in the
discretion of and sole expense of Sandy Creek to prosecute any said violations occurring
within Sandy Creek's corporate limits.
7. Leland shall prepare a monthly report of its activities pursuant to this Agreement and
shall forward such report t to Sandy Creek within 15 working days of the end of each
month. Additionally, by February 29 of each year, Leland shall prepare and forward to
Sandy Creek a report of such activities for the prior calendar year.
8. Each party shall pay its own necessary personnel, administrative, legal and other costs
associated with the duties and responsibilities assumed and performed by such party
under this Agreement. All permit and inspections fees and charges collected by Leland in
performance of inspection duties and responsibilities within Sandy Creek and pursuant
to this Agreement shall be collected by Leland. The fees and charges within Sandy Creek
shall be the same as those charged to persons in Leland and shall be based upon Leland's
approved fee schedules currently in effect or as hereafter amended. Pursuant to North
Carolina General Statute 160A-414, all fees collected under this Agreement shall be the
property of the Town of Leland and shall be used for support of the administration and
activities of the Town of Leland inspection division of the planning and inspections
department.
9. The jurisdiction, authority, rights, privileges and immunities (including coverage under
the workers' compensation laws) which the officers, agents and employees of Leland enjoy
within the corporate limits of Leland shall also be enjoyed by them outside the corporate
limits of Leland when they are acting pursuant to this Agreement and within the scope of
their authority or the course of their employment.
10. Both Leland and Sandy Creek agree that Leland is acting as an independent contractor
under this Agreement. Control of Leland personnel, standards of performance, discipline
and all other aspects of performance shall be governed entirely by Leland. No joint agency
is established by this Agreement. This Agreement does not create a partnership, joint
venture, other joint endeavor, joint ownership, joint operations or personnel sharing of
Page 2 of 6
Page 77 of 294
any kind. No joint personnel are needed by the parties in order to carry out the obligations
under this Agreement.
11. To the extent E-Verify rules apply to this Agreement, the parties agree to comply with
the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.
12. To the extent permitted by law, each party shall indemnify and hold harmless the
other party and its officers, agents and employees from and against any and all claims,
actions, suits, liabilities, losses, costs, expenses and damages of any nature whatsoever,
by reason of or arising out of any negligent action or omission of the indemnifying party,
its officers, agents and employees or any of them, in fulfilling its obligations pursuant to
this Agreement. In the event that any suit based upon such a claim, action, loss or
damage is brought against a party, the other party shall defend the same at its sole cost
and expense; provided that, each indemnified party retains the right to participate in
said suit if any principal of government or public law is involved. If final judgment is to
be rendered against a party and its respective officers, agents, employees or any of them,
or jointly against the parties and its respective officers, agents and employees, or any of
them, the indemnifying party shall satisfy same. Notwithstanding the foregoing, by
executing this Agreement, Leland does not assume liability or responsibility for or in
any way release Town from any liability or responsibility which arises in whole or in part
from the existence or effect of Sandy Creek ordinances, rules or regulations. If any
cause, claim, suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such Sandy Creek ordinance, rule or regulation is at
issue, Sandy Creek shall defend the same at its sole cost and expense and if judgment is
entered or damages are awarded against Sandy Creek, Leland or both, Sandy Creek shall
satisfy the same, including all chargeable costs and attorneys’ fees.
13. If Sandy Creek is in default of any payment obligation hereunder and such default is
not cured by remittance of the amount owed within thirty (30) days following written
notice from Leland of the right to cure, then Leland shall be entitled to specific
performance under this Agreement, injunctive relive and/or direct, incidental or
consequential money damages, which may include attorneys’ fees.
14. Neither party shall discriminate against any employee or applicant for employment
because of race, ethnicity, gender, gender identity, sexual orientation, age, religion,
national origin, disability, color, ancestry, citizenship, genetic information, political
affiliation or military/veteran status, or any other status protected by federal, state or
local law or other unlawful form of discrimination. The parties shall take affirmative
action to ensure that applicants are employed and that employees are treated fairly
during employment
15. This Agreement shall become effective on the date of the execution hereof and shall
remain in effect indefinitely unless and until terminated as provided hereinafter.
Page 3 of 6
Page 78 of 294
16. This Agreement may be terminated by either party upon thirty (30) days written notice
to the other party. Such termination of this Agreement shall be effective at the end of the
thirty (30) day notice period. For any permits issued by Leland after receipt of written
notice by either party, Leland shall perform the required inspections and collect fees
leading up to and including the issuance of any certificates of compliance and/or
occupancy.
17. All notices hereunder shall be in writing and shall be deemed to have been duly given
if delivered or mailed first class postage pre-paid, addressed as follows:
If to Leland: Town Manager
102 Town Hall Dr.
Leland, NC 28451
If to Sandy Creek: _____________
_____________
_____________
18. This Agreement may be amended or modified upon mutual agreement of the Town
Council of Leland and the Town Council of Sandy Creek provided that any such
amendment shall be reduced to writing and signed by the parties to this Agreement.
19. This Agreement constitutes the entire understanding of the parties.
20. The parties hereto will make and execute all further instruments and documents
required to carry out the purpose and intent of this Agreement, including but not
limited to an administrative letter of understanding setting forth the time schedules
within which services herein must be performed.
21. All the terms and conditions contained herein shall be interpreted in accordance
with the laws of the State of North Carolina. In the event of a conflict between various
terms and conditions contained herein or between these terms and other applicable
provisions, then the more particular shall prevail over the general and the more
stringent or higher standard shall prevail over the less stringent or lower standard. All
actions relating in any way to this Agreement shall be brought in the General Court of
Justice of the State of North Carolina in Brunswick County or in the Federal District
Court for the Eastern District of North Carolina, Wilmington Division. Should a dispute
arise as to the terms of this Agreement, both parties agree that neither may initiate
binding arbitration. The parties may agree to non-binding mediation of any dispute
prior to the bringing of any suit or action.
Page 4 of 6
Page 79 of 294
22. To the extent applicable, neither party waives its governmental immunity by
entering into this Agreement and fully retains all immunities and defenses provided by
law with regard to any action based on this Agreement.
23. If any section, subsection, paragraph, sentence, clause, phrase or portion of this
Agreement is for any reason invalid, unlawful or unconstitutional by any Court of
competent jurisdiction, such portion shall be deemed severable and such holding shall
not affect the validity of the remaining portions hereof.
IN WITNESS WHEREOF, the Town of Leland has caused this instrument to be

executed in its behalf by the Town Manager, attested by its Clerk and its corporate seal to
be hereto affixed and the Town of Sandy Creek has caused this instrument to be executed
in its behalf by its Mayor, attested by its Clerk and its corporate seal being hereto affixed
all on the day and year first above written.
[SIGNATURES ON FOLLOWING PAGE]
Page 5 of 6
Page 80 of 294
TOWN OF LELAND:
ATTEST:
__________________ ____________________
Town Clerk Town Manager
TOWN OF SANDY CREEK:
ATTEST:
__________________ _____________________
Town Clerk Mayor
This instrument has been pre-audited in the manner required by the Local
Government Budget and Fiscal Control Act.
TOWN OF SANDY CREEK
______________________________
Name: ________________________
Title: _________________________
APPROVED AS TO FORM APPROVED AS TO FORM
_________________________ _____________________
Sandy Creek Town Attorney Leland Town Attorney
Page 6 of 6
Page 81 of 294
MEMO RFA-19-0877

TITLE: Resolution R19-060 Authorizing the Town Manager to Issue a Notice of Award for the
Mallory Creek Patching Project
PURPOSE: To authorize the Town Manager to issue a Notice of Award and execute a contract
with S.T. Wooten for the Mallory Creek Patching Project.
BACKGROUND: The Town has identified the need to repair the street in 12 locations along Mallory
Creek Drive. Work shall consist of full depth asphalt replacement of all failed locations
along the approximate first mile of Mallory Creek Drive from River Road SE (Highway
133), stormwater system modifications, asphalt removal, subbase removal, testing,
compaction, base replacement, asphalt replacement, striping, curb and gutter
replacement, adjusting water and sewer utility appurtenances to match final grade,
erosion control measures and stabilization of all denuded areas as illustrated on the
design, and a submitted and approved traffic control plan including installation. Bids
for the project were opened on April 9, 2019 and two bids were received, with S.T.
Wooten Corporation of Wilson, NC as the low bidder.
SUMMARY: S.T. Wooten Corporation was the low bidder with a price of $895,715.75 and is
capable of doing the work as specified in the bid package. Staff seeks that the Town
Council authorize the Town Manager to issue a Notice of Award and pursue a
contract with S.T. Wooten Corporation. Once the contract is finalized, it will be
brought back to Council for approval at a future meeting. At that point in time it will
be accompanied by a budget amendment, which will allocate funds for the project.
SUPPORT OF STUDIES NA
OR PLANS:
FINANCIAL: A contract in the amount of $895,715.75 plus a 20% contingency for potential change
orders will be brought back to council for approval at a future meeting.
ALTERNATIVES: Town Council may approve or deny the resolution.
RECOMMENDATION: Staff recommends approval of the resolution.

Page 82 of 294
Resolution R19-060
Date: June 20, 2019
Resolution to Issue a Notice of Award for the Mallory Creek Patching Project
WHEREAS, it is the desire of the Town of Leland to provide a well-maintained road system
within the Town; and
WHEREAS, the Town has identified the need to repair the street in 12 locations along Mallory
Creek Drive. Work shall consist of full depth asphalt replacement of all failed locations along the
approximate first mile of Mallory Creek Drive from River Road SE (Highway 133), stormwater
system modifications, asphalt removal, subbase removal, testing, compaction, base
replacement, asphalt replacement, striping, curb and gutter replacement, adjusting water and
sewer utility appurtenances to match final grade, erosion control measures and stabilization of
all denuded areas as illustrated on the design, and a submitted and approved traffic control
plan including installation; and
WHEREAS, the project was put out to bid with a bid opening of April 9, 2019 and S.T. Wooten
Corporation of Wilson, NC was the low bidder with a bid of $895,715.75; and
WHEREAS, SEPI Engineering has recommended the Town enter into a contract with S.T.
Wooten Corporation as the low bid;
That the Leland Town Council authorizes the Town Manager to issue a Notice of Award and to
pursue a contract with S.T. Wooten Corporation for construction of the Mallory Creek Patching
project in the amount of $895,715.75.

Page 83 of 294
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Page 3 of 16
Page 84 of 294
Page 85 of 294
TOWN OF LELAND
MALLORY CREEK PATCHING PROJECT
00510 NOTICE OF AWARD
NOTICE OF AWARD
Date of Issuance:
Owner: Owner's Contract No.:
Engineer: Engineer's Project No.:
Project: Contract Name:
Bidder:
Bidder’s Address:
TO BIDDER:
You are notified that Owner has accepted your Bid dated [_________________________________] for the
above Contract, and that you are the Successful Bidder and are awarded a Contract for:
_______________________________________________________________________________________.
[describe Work, alternates, or sections of Work awarded]
The Contract Price of the awarded Contract is: $ _______
[ ] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the
Contract Documents accompanies this Notice of Award, or has been transmitted or made available to
Bidder electronically.
a set of the Drawings will be delivered separately from the other Contract Documents.
You must comply with the following conditions precedent within fifteen (15) days of the date of receipt of this
Notice of Award:
1. Deliver to Owner [____] counterparts of the Agreement, fully executed by Bidder.

2. Deliver with the executed Agreement(s) the Contract security [e.g., performance and payment bonds]
and insurance documentation as specified in the Instructions to Bidders and General Conditions,
Articles 2 and 6.
3. Other conditions precedent (if any):
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award, and declare your Bid security forfeited.
Within ten (10) days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in
Paragraph 2.02 of the General Conditions.
Owner:
Authorized Signature
By:
Title:
Copy:
SEPI Engineering 5030 New Centre Dr., Ste. B, Wilmington NCPage

284035 of 17 Page 00510.1 Page 4 of 16
Page 86 of 294
NORTH CAROLINA
BRUNSWICK COUNTY
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made this the _____ day of ________________, 2018 (the "Effective Date of
Contract") by and between the Town of Leland, North Carolina, a Municipal Corporation located in
Brunswick County (hereinafter called "Town"); and __________________________________________
_________________________________, a corporation organized under the laws of the State of North
Carolina, with its principal offices in ______________________________, North Carolina (hereinafter
called "Contractor").
W I T N E S S E T H:
1. Purpose
The Town hereby employs the Contractor to furnish all labor, materials and equipment to perform
all work (herein the "Work") in manner and form as specified by the plans, specifications and documents
consisting of, but not limited to: Advertisement, Instructions to Bidders, General Conditions,
Supplementary Conditions, Technical Specifications, Proposal and Affidavit, Contract, Performance and
Payment Bonds, and Drawings and Plans which are incorporated as if fully set out, together with all other
documents identified in the General Conditions and any other documents essential to completion of the
Work (collectively the “Contract Documents”) for the following:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
2. Engineer
The Town has retained ____________________________________________________________

("Engineer") to act as Town's representative, assume all duties and responsibilities, and have the rights and
authority assigned to Engineer in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
3. Term of Contract/Liquidated Damages
The Contractor shall commence the Work to be performed under this Contract within ten (10) days
of receipt of a written order from the Town Manager or his designee, and shall complete all Work hereunder
within ___________ calendar days of the date of beginning. If the Contractor shall neglect, fail or refuse
to complete the Work within the time herein specified, or any proper extension thereof granted by the Town,
then the Contractor does hereby agree, as a part consideration for the awarding of this Contract, to pay to
the Town as liquidated damages, the sum of $_______________ for each consecutive calendar day
thereafter, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth.
1
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The said amount is fixed and agreed upon by and between the Contractor and the Town because of
the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Town would
in such event sustain, and said amount is agreed to be the amount of damages which the Town would sustain
and said amount shall be retained from time to time by the Town from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and of the
specification wherein a definite and certain length of time is fixed for the performance of any act
whatsoever; and where under the Contract an additional time is allowed for the completion of any Work,
the new time limit fixed by such extension shall be to the essence of this Contract. Provided, that the
Contractor shall not be charged with liquidated damages or any excess cost when the Town determines that
the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the
Town.
4. Extra Work
In the event extra work is necessary, not set forth or contemplated in this Contract, the Contractor
agrees to faithfully perform all such work under a written change order from the Town, setting forth and
describing fully the work to be done and in compliance with all provisions of the General Conditions. The
Town hereby agrees to pay to the Contractor, for any such extra work, upon presentation of properly
prepared, itemized statements of cost computed in accordance with the written change order and in
accordance with the General Conditions.
5. Payment
A. Town shall pay Contractor for the Work in accordance with the Contract Documents a lump
sum of $______________________. Payment to the Contractor will be in accordance with
Article 15 of the General Conditions.
B. Retainage.
B.1. The Town shall retain five percent (5%) of any periodic payment due the Contractor.
B.2. When the project is fifty percent (50%) complete, the Town, with the prior written
consent of the surety, shall not retain any further retainage from periodic payments
due the Contractor if the Contractor continues to perform satisfactorily and any
nonconforming Work identified in writing prior to that time by the Town has been
corrected by the Contractor and accepted by the Town.
B.3. If the Town determines the Contractor's performance is unsatisfactory, the Town may
reinstate retainage for each subsequent periodic payment application up to the
maximum amount of five percent (5%).
B.4. The project shall be deemed fifty percent (50%) complete when the Contractor's
gross project invoices, excluding the value of materials stored off-site, equal or
exceed fifty percent (50%) of the value of the Contract, except the value of materials
2
Page 88 of 294
stored on-site shall not exceed twenty percent (20%) of the Contractor's gross project
invoices for the purpose of determining whether the project is fifty percent (50%)
complete.
B.5. Within 60 days of submission of a pay request and upon (i) receipt of a certificate of
substantial completion from the architect or engineer or (ii) the Town receives
beneficial occupancy or use of the project, and with the prior written consent of the
surety, all remaining retainage shall be released to the Contractor. Provided that the
Town in its sole discretion may retain up to two-and-one-half times the value of any
remaining Work to secure completion or correction of that Work.
6. Performance and Payment Bonds
Performance and payment bonds shall be provided as set forth in the General Conditions. It is agreed
that if at any time after the execution of this Contract and the surety bonds attached, the Town shall deem
the surety or sureties upon such bonds to be unsatisfactory, or if for any reason such bonds cease to be
adequate for the purposes intended, the Contractor shall, at his expense, within five days after receipt of
notice from the Town to do so, furnish an additional bond or bonds in such form and amount, and with such
surety, or sureties, as shall be satisfactory to the Town.
7. Insurance; Proof of Coverage
The Contractor shall take out and maintain, during the life of this Contract, all insurance required
under Article 6 of the General Conditions and Supplementary General Conditions, and shall, at execution
of this Contract, attach to each of the counterparts thereof documentary proof of compliance in the form of
a Certificate from his insurer, stating the amount, policy numbers, and kinds of insurance carried.
8. Release and Indemnity
To the fullest extent permitted by law, the Contractor shall release, indemnify, keep and save
harmless the Town, its agents, officials and employees, from any and all responsibility or liability for any
and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons,
whether agents, officials or employees of the Town or third persons, and to all property proximately caused
by, incident to, resulting from, arising out of, or occurring in connection with, directly or indirectly, the
performance or nonperformance by Contractor (or by any person acting for the Contractor or for whom the
Contractor is or is alleged to be in any way responsible), whether such claim may be based in whole or in
part upon contract, tort (including alleged active or passive negligence or participation in the wrong), or
upon any alleged breach of any duty or obligation on the part of the Contractor, its agents, officials and
employees or otherwise. The provisions of this Section shall include any claims for equitable relief or for
damages (compensatory or punitive) against the Town, its agents, officials, and employees including
alleged injury to the business of any claimant and shall include any and all losses, damages, injuries,
settlements, judgments, decrees, awards, fines, penalties, claims, costs and expenses. Expenses as used
herein shall include without limitation the costs incurred by the Town, its agents, officials and employees,
in connection with investigating any claim or defending any action, and shall also include reasonable
attorneys' fees by reason of the assertion of any such claim against the Town, its agents, officials or
employees. The Contractor expressly understands and agrees that any performance bond or insurance
3
Page 89 of 294
protection required by this Contract, or otherwise provided by the Contractor, shall in no way limit the
Contractor's responsibility to release, indemnify, keep and save harmless and defend the Town as herein
provided. The intention of the parties is to apply and construe broadly in favor of the Town the foregoing
provisions subject to the limitations, if any, set forth in N.C.G.S. 22B-1.
9. Personnel
It is mutually agreed that Contractor is an independent Contractor and not an agent of the Town,
and as such the Contractor shall not be entitled to any Town employment benefits, such as, but not limited
to, vacation, sick leave, insurance, workmen's compensation, or pension and retirement benefits.
10. Conflict of Interest
No paid employee of the Town shall have a personal or financial interest, direct or indirect, as a
contracting party or otherwise, in the performance of this Contract.
11. Non-Waiver of Rights
It is agreed that the Town's failure to insist upon the strict performance of any provision of this
Contract, or to exercise any right based upon a breach thereof, or the acceptance of any performance during
such breach, shall not constitute a waiver of any rights under this Contract.
12. Contract Disputes
Disputes subject to final resolution shall be as set forth in Article 17 of the General Conditions. For
any dispute subject to resolution as set forth in the General Conditions, Town or Contractor shall initially
attempt resolution in accordance with the procedures for mediated settlement conferences in Superior Court
civil actions as set forth in N.C.G.S. § 7A-38.1 et. seq. In the event the parties are unable to resolve the
dispute through mediation, then any party may submit its dispute to a court of competent jurisdiction.
13. Assignment of Contract
It is mutually agreed by the parties hereto that this Contract is not transferable by either party to this
Contract without the written consent of the other party to this Contract.
14. Subcontracts
The Contractor shall utilize no subcontracts for carrying out the services to be performed under this
Contract without the written approval of the Town.
15. Entire Agreement
The Contract constitutes the entire understanding of the parties.
16. Binding Effect
4
Page 90 of 294
The Contract shall be binding upon the heirs, successors, assigns, agents, officials, employees,
independent contractors, and subcontractors of the parties.
17. Continuing Obligation
The parties will make and execute all further instruments and documents required to carry out the
purposes and intent of the Contract.
18. Reference
Use of the masculine includes feminine and neuter, singular includes plural; and captions and
headings are inserted for convenience of reference and do not define, describe, extend or limit the scope of
intent of the Contract.
19. Interpretation
All of the terms and conditions contained herein shall be interpreted in accordance with the laws of
the State of North Carolina. In the event of a conflict between the various terms and conditions contained
herein or between these terms and other applicable provisions, then the more particular shall prevail over
the general and the more stringent or higher standard shall prevail over the less stringent or lower standard.
20. Saving Clause
If any section, subsection, paragraph, sentence, clause, phrase or portion of this Contract is for any
reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed severable and such holding shall not affect the validity of the remaining portions hereof.
21. Other Laws and Regulations
Contractor will comply with any and all applicable federal, state and local standards, regulations,
laws, statutes and ordinances including those regarding toxic, hazardous and solid wastes and any
pollutants; public and private nuisances; health or safety; and zoning, subdivision or other land use controls.
Contractor will take all reasonably necessary, proper or required safety, preventative and remedial measures
in accordance with any and all directives from the North Carolina Department of Human Resources, the
United States Environmental Protection Agency, the North Carolina Department of Environmental
Management, Health Departments, and any other federal, state or local agency having jurisdiction, to insure
the prompt prevention or cessation (now or in the future) of violations of either the applicable provisions of
such standards, regulations, laws, statutes, and ordinances or any permits or conditions issued thereunder.
22. Amendments
This Contract shall not be modified or otherwise amended except in writing signed by the parties.
23. Non-Discrimination
5
Page 91 of 294
Contractor will take affirmative action not to discriminate against any employee or applicant for
employment or otherwise illegally deny any person participation in or the benefits of the program which is
the subject of this Contract because of race, creed, color, sex, age, disability or national origin. To the
extent applicable, Contractor will comply with all provisions of Executive Order No. 11246, the Civil
Rights Act of 1964, (P.L. 88-352) and 1968 (P.L. 90-284), and all applicable federal, state and local laws,
ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit
discrimination. Violation of this provision, after notice, shall be a material breach of this Contract and may
result, at Town's option, in a termination or suspension of this Contract in whole or in part.
24. E-Verify Requirements
As a condition of payment for services rendered under this Contract, Contractor shall comply with
the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes (requirement that
employers use E-Verify). Further, if Contractor provides the services to the Town utilizing a subcontractor,
Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the
North Carolina General Statutes as well. Contractor shall verify by affidavit compliance with the terms of
this section upon request of Town.
IN WITNESS WHEREOF, the Town has caused this Contract to be duly executed in its name and
behalf and the Contractor has caused this Contract to be duly executed in its name and behalf and its
corporate seal to be hereunto affixed, and attested to.
TOWN OF LELAND, NORTH CAROLINA
BY: _____________________________________________
Brenda Bozeman, Mayor
ATTEST:
_____________________________________________
(SEAL)
Approved as to Form:
____________________________________________
John C. Wessell III, Town Attorney
6
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This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
____________________________________________
Municipal Finance Officer
_________________________________________________
(Contractor)
By: _________________________________________________
_______________ President
NORTH CAROLINA
BRUNSWICK COUNTY
I, the undersigned Notary Public of the County of ____________________ and State aforesaid, certify
that Sabrena Reinhardt personally came before me this day and acknowledged that she is Town Clerk of the
Town of Leland, North Carolina, and that by authority duly given and as an act of the municipal corporation
the foregoing instrument was signed in its name by Brenda Bozeman, Mayor, sealed with its corporate seal,
and attested by herself as its Town Clerk.
WITNESS my hand and Notarial stamp or seal this _______ day of _____________________, 2018.
_________________________________________________
Notary Public
My commission expires:
_________________________________________________
____________________ Notary's Printed or Typed Name
(AFFIX STAMP OR SEAL)
NORTH CAROLINA
7
Page 93 of 294
_________________ COUNTY
I, the undersigned Notary Public of the County of ________________________ and State aforesaid,
certify that ______________________________________ personally came before me this day and
acknowledged that (s)he is the _________ President of __________________________________________,
a corporation, and that by authority duly given and as the act of such entity, (s)he signed the foregoing
instrument in its name on its behalf as its act and deed.
WITNESS my hand and Notarial stamp or seal this _______ day of _____________________, 2018.
_________________________________________________
Notary Public
My commission expires:
_________________________________________________
____________________ Notary's Printed or Typed Name
(AFFIX STAMP OR SEAL)
8
R 3 WORKING DAYS
BEFORE YOU DIG
FOR THE LOCATION OF
UNDERGROUND FACILITIES
Know what's below.
Callbefore you dig.
THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE
MALLORY CREEK ASPHALT PATCHING

SHOWN IN AN APPROXIMATE WAY ONLY AND HAVE NOT BEEN
INDEPENDENTLY VERIFIED BY THE OWNER OR ITS
REPRESENTATIVE. THE CONTRACTOR SHALL DETERMINE THE
EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING
WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND
ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE
CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY
AND ALL UNDERGROUND UTILITIES.
NOTICE:
CONSTRUCTION SITE SAFETY IS THE SOLE RESPONSIBILITY OF THE
CONTRACTORNEITHER THE OWNER NOR THE ENGINEER SHALL BE
EXPECTED TO ASSUME ANY RESPONSIBILITY FOR SAFETY OF THE
WORK, OF PERSONS ENGAGED IN THE WORK, OF ANY NEARBY
STRUCTURES, OR OF ANY OTHER PERSONS.
AND STORMWATER IMPROVEMENTS E N G I N E E R I N G &

C O N S T R U C T I O N
1025 WADE AVENUE
RALEIGH, NORTH CAROLINA
919.789.9977
11020 DAVID TAYLOR DRIVE, SUITE 115
CHARLOTTE, NORTH CAROLINA
704.714.4880
5030 NEW CENTRE DR., SUITE B
WILMINGTON, NORTH CAROLINA
910.523.5715
www.sepiengineering.com
GENERAL SITE NOTES

1. ANY DISCREPANCY IN THIS PLAN AND THE ACTUAL FIELD CONDITIONS SHALL BE REPORTED TO THE ENGINEER PRIOR TO START OF CONSTRUCTION. THE CONTRACTOR SHALL BE
RESPONSIBLE FOR VERIFICATION OF ALL SETBACKS, EASEMENTS, AND DIMENSIONS SHOWN HEREON BEFORE BEGINNING CONSTRUCTION.
2. THE CONTRACTOR SHALL CONTACT ALL OWNERS OF EASEMENTS, UTILITIES, AND R/W'S (PUBLIC OR PRIVATE) PRIOR TO WORKING IN THESE AREAS.
3. THE CONTRACTOR SHALL MAINTAIN THE SITE IN A MANNER SO THE WORKMEN AND PUBLIC SHALL BE PROTECTED FROM INJURY, AND THE ADJOINING PROPERTY PROTECTED FROM
DAMAGE.
4. ACCESS TO UTILITIES, FIRE HYDRANTS, POWER POLES, TRANSMISSION POLES, STREET LIGHTING, ETC., SHALL REMAIN UNDISTURBED, UNLESS COORDINATED WITH THE RESPECTIVE
UTILITY.
5. THE CONTRACTOR SHALL REMOVE ALL DEBRIS FROM THE SITE UPON COMPLETION OF THE PROJECT AND AT LEAST ONCE A WEEK DURING CONSTRUCTION.
6. THE CONTRACTOR SHALL KEEP THE AREA OUTSIDE THE "LIMITS OF CONSTRUCTION" BROOM CLEAN AT ALL TIMES.
7. IF DEPARTURES FROM THE DRAWINGS ARE DEEMED NECESSARY BY THE CONTRACTOR, DETAILS OF SUCH DEPARTURES AND REASONS THEREOF SHALL BE PROVIDED TO THE OWNER
FOR REVIEW.
8. THE CONTRACTOR SHALL OBTAIN AND PAY FOR ALL INSPECTIONS, CERTIFICATIONS, EQUIPMENT, ETC., THAT MAY BE REQUIRED.
9. PROPOSED STRIPING SHALL MEET ALL STANDARDS & SPECIFICATIONS OF SECTION 1205 OF THE NCDOT STANDARDS & SPECIFICATIONS MANUAL.
Page 14 of 17
10. THE ENGINEER/ARCHITECT/OWNER DISCLAIM ANY ROLE IN THE CONSTRUCTION MEANS AND METHODS ASSOCIATED WITH THE PROJECT AS SET FORTH IN THESE PLANS.
N 11. CONTRACTOR MUST MAINTAIN REASONABLE AND CONTINUOUS ACCESS TO ALL HOTEL FACILITIES AND MAINTENANCE ACCESS POINTS DURING ALL PHASES OF CONSTRUCTION.
COPYRIGHT © 2012
SEPI ENGINEERING & CONSTRUCTION, INC
E
W GENERAL GRADING NOTES
1. REASONABLE CARE HAS BEEN EXERCISED IN SHOWING THE LOCATION OF EXISTING UTILITIES ON THE PLANS. THE EXACT LOCATION OF SUCH UTILITIES IS NOT KNOWN IN ALL CASES.
THE CONTRACTOR SHALL EXPLORE THE AREA AHEAD OF THE DITCHING OPERATION BY OBSERVATIONS, ELECTRONIC DEVICES, HAND DIGGING, AND BY PERSONAL CONTACT WITH THE
S
UTILITY COMPANIES IN ORDER TO LOCATE EXISTING UTILITIES IN ADVANCE OF THE TRENCHING OPERATIONS SO AS TO AVOID AND PREVENT DAMAGE TO THE EXISTING UTILITIES. THE
CONTRACTOR SHALL BE RESPONSIBLE FOR ALL COSTS RESULTING FROM ANY DAMAGE TO THE EXISTING UTILITY LINES INCLUDING, BUT NOT LIMITED TO REPAIRS AND LOSS OF
SERVICE REVENUES. CONTRACTOR SHALL ARRANGE FOR TEMPORARY SUPPORT OF EXISTING UTILITIES, SUCH AS POLES, CONDUITS, FIBER OPTIC CABLES, TELEPHONE CABLES,
WATER LINES, ETC.. CONTRACTOR SHALL CALL 811 BEFORE THE COMMENCEMENT OF ANY EXCAVATION.
2. THE CONTRACTOR SHALL COMPLY WITH THE LATEST REVISIONS AND INTERPRETATIONS OF THE DEPARTMENT OF LABOR SAFETY AND HEALTH REGULATIONS FOR CONSTRUCTION
PROMULGATED UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT.
3. THE CONTRACTOR SHALL PLAN AND CONSTRUCT WORK SO AS TO CAUSE MINIMUM INCONVENIENCE TO THE OWNER AND THE PUBLIC. THE CONTRACTOR SHALL PROVIDE, ERECT AND
SHEET INDEX MAINTAIN AT ALL TIMES DURING THE PROGRESS OR TEMPORARY SUSPENSION OF WORK, SUITABLE BARRIERS, FENCES, SIGNS, OR OTHER ADEQUATE PROTECTION, INCLUDING FLAG
MEN AND WATCHMEN AS NECESSARY TO INSURE THE SAFETY OF THE PUBLIC AS WELL AS THOSE ENGAGED IN THE CONSTRUCTION WORK. CONSTRUCTION SIGNING SHALL BE IN
1. COVER SHEET ACCORDANCE WITH THE LATEST EDITION OF " CONSTRUCTION AND MAINTENANCE OPERATIONS SUPPLEMENT TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" BY THE
NCDOT. CONTRACTOR WILL BE RESPONSIBLE FOR ONSITE DUST CONTROL.
2. SITE PLAN (1 OF 2) 4. ALL MATERIAL CLEARED AND GRUBBED BY THE CONTRACTOR IN ORDER TO CONSTRUCT THE WORK, SUCH AS TREES, VEGETATION, FENCING, ETC... SHALL BECOME THE PROPERTY OF
THE CONTRACTOR AND SHALL BE PROPERLY DISPOSED OF OFF-SITE OR BURNED IF PROPER PERMITS ARE RECEIVED.
3. SITE PLAN (2 OF 2) END PROJECT 5. ALL UTILITY APPURTENANCES IN AREA OF CONSTRUCTION AND POSSIBLE AREAS THAT MAY BE NEEDED FOR ADDITIONAL GRADING PERTAINING TO SCOPE OF WORK THAT ARE SHOWN
AND STORMWATER IMPROVEMENTSPROJECT

4. DETAILS AND NOT SHOWN IN PLAN SET. INCLUDING BUT NOT LIMITED TO WATER VALVE BOXES, WATER METER BOXES, MANHOLES, HYDRANTS AND CURB STOPS SHALL BE RAISED TO FINISHED
GRADE AND ACCESSIBLE.
START PROJECT

EROSION CONTROL NOTES
1. ALL CONSTRUCTION ACTIVITIES SHALL BE PERFORMED IN COMPLIANCE WITH THE SEDIMENTATION POLLUTION CONTROL ACT OF 1973.
2. ALL LAND DISTURBING ACTIVITIES ARE TO BE PLANNED AND CONDUCTED TO LIMIT EXPOSURE TO THE SHORTEST FEASIBLE TIME.
3. ALL DISTURBED AREAS SHALL BE STABILIZED BY A PERMANENT GROUND COVER.
4. AS SOON AS ALL AREAS ARE PERMANENTLY STABILIZED, ALL PERMANENT MEASURES HAVE BEEN INSTALLED, AND FINAL APPROVAL IS RECEIVED FROM THE OWNER, THE TEMPORARY
COVER SHEET
MEASURES MAY BE REMOVED.
5. OVER THE LIFE OF THE PROJECT, THE OWNER SHALL MAKE PERIODIC INSPECTIONS TO EVALUATE THE CONTRACTORS EFFORTS AND SUCCESS IN CONTROLLING EROSION OF SOILS TO
OFF-SITE AREAS. IF AREAS ARE FOUND WHERE EROSION IS TAKING PLACE, THE CONTRACTOR SHALL TAKE THE NECESSARY MEASURES TO REMEDY THE SITUATION.
6. DUE TO SIZE OF PROJECT AREA, FORMAL EROSION CONTROL PERMITTING IS NOT REQUIRED. HOWEVER, CONTRACTOR IS REQUIRED TO ADHERE TO THE SEDIMENT POLLUTION
CONTROL ACT RULES AND REGULATIONS.
© 2018 Microsoft Corporation © 2018 DigitalGlobe ©CNES (2018) Distribution Airbus DS © 2018 HERE
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R 3 WORKING DAYS
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CURB GUTTER VARIES WORK, AND AGREES TO BE FULLY RESPONSIBLE FOR ANY AND
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WIDTH OF CUT AND CONTRACTOR'S FAILURE TO EXACTLY LOCATE AND PRESERVE ANY
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5030 NEW CENTRE DR., SUITE B
WILMINGTON, NORTH CAROLINA
910.523.5715
Page 17 of 17
COPYRIGHT © 2012
ROAD WIDTH VARIES 1' CUT BACK

DETAILS
SHEET TITLE:
PROJECT:
DRAWN BY: JOB #:
SHEET
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4 of 4
Page 97 of 294
Page 98 of 294
Page 99 of 294

Prepared By: Mike James
TITLE: Ordinance O19-024 Amending Chapter 14 Buildings and Building Regulations, Section
14-155 Nuisance Alarms of the Code of Ordinances, Town of Leland, North Carolina
PURPOSE: To amend Chapter 14 Building and Building Regulations, Section 14-155 Nuisance
Alarms, to include the Police Department as a legal responder as well as a party to
enforce any violations, along with the Fire Department.
BACKGROUND: The current Nuisance Alarm Ordinance for the Town of Leland only defines the Fire
Department as a party for the response of, as well as enforcement of, times when
there are malfunctions, improper installations, lack of proper maintenance, and
mechanical failures of an alarm activated by a cause which cannot be determined.
The last time Section 14-155 was revised was August 23, 2018.
SUMMARY: Section 14-155 Nuisance Alarms of the Code of Ordinances has been updated to
include the Police Department as an additional party to respond to and enforce
violations of the Ordinance.

OR PLANS:
FINANCIAL: N/A
ALTERNATIVES: Council can provide additional amendments to the updates presented or approve the
amendments as highlighted in Attachment A.
RECOMMENDATION: Staff recommends that Council approve the revisions made to Chapter 14 Buildings
and Building Regulations, Section 14-155 Nuisance Alarms of the Code of Ordinances.

Page 100 of 294
Attachment A
Sec. 14-155. - Nuisance alarms.
(a) Definitions. The following words, terms, and phrases when used in this section shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alarm system means any mechanism, equipment, or device which is designed to operate
automatically or manually to transmit a signal, message, or warning of an occurrence which the
fire and/or police department is expected to respond to.
Nuisance alarm means an alarm that elicited a response from the fire department, police
department, or both, caused by mechanical failure, malfunction, improper installation, or lack
of proper maintenance, or an alarm activated by a cause that cannot be determined.
(b) Nuisance alarm policy.
(1) If an alarm system generates more than three nuisance alarms in a six-month period,
the fire and/or police chief or their respective designee(s) shall notify the owner or
operator of the premises where the alarm system is installed, in writing, that such
alarm system is in violation of the town nuisance alarm policy.
(2) If at any time during the next six-months following written notification of violation,
the same alarm system generates a nuisance alarm, the owner of the business where
the alarm system is installed shall be liable to the town for a civil penalty in the
following amounts:
First nuisance alarm: $75.00
Second nuisance alarm: $150.00
Third nuisance alarm: $250.00
Fourth and subsequent: $500.00
(3) If the owner or operator of the premises is able to demonstrate that an otherwise
nuisance alarm may have been triggered by the proper operation of the alarm system
equipment, the above penalties may be waived the Town Manager, or his/her
designee.
(Ord. No. O18-025 , § 1, 8-23-2018)
Page 2 of 4
Page 101 of 294
Ordinance O19-024
Introduced By: Chief Mike James
Date: June 20, 2019
Amending Chapter 14 Buildings and Building Regulations, Section 14-155 Nuisance

Alarms of the Code of Ordinances, Town of Leland, North Carolina
Be It Ordained:
1. That Chapter 14 of the Code of Ordinances, Town of Leland, North Carolina, is amended
by modifying Section 14-155 of the Leland Town Code to read as follows:
Sec. 14-155. - Nuisance alarms.
(a) Definitions. The following words, terms, and phrases when used in this section shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alarm system means any mechanism, equipment, or device which is designed to operate
automatically or manually to transmit a signal, message, or warning of an occurrence which the
fire and/or police department is expected to respond to.
Nuisance alarm means an alarm that elicited a response from the fire department, police
department, or both, caused by mechanical failure, malfunction, improper installation, or lack
of proper maintenance, or an alarm activated by a cause that cannot be determined.
(b) Nuisance alarm policy.
(1) If an alarm system generates more than three nuisance alarms in a six-month
period, the fire and/or police chief or their respective designee(s) shall notify the owner or
operator of the premises where the alarm system is installed, in writing, that such alarm system
is in violation of the town nuisance alarm policy.
(2) If at any time during the next six-months following written notification of violation,
the same alarm system generates a nuisance alarm, the owner of the business where the alarm
system is installed shall be liable to the town for a civil penalty in the following amounts:
Ordinance Page 3 of 4 Page 1 of 2

Page 102 of 294
First nuisance alarm: $75.00
Second nuisance alarm: $150.00
Third nuisance alarm: $250.00
Fourth and subsequent: $500.00
(3) If the owner or operator of the premises is able to demonstrate that an otherwise
nuisance alarm may have been triggered by the proper operation of the alarm system
equipment, the above penalties may be waived the Town Manager, or his/her designee.
2. If this Ordinance or the application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications of the Ordinance which can be
given separate effect and to that end the provisions of this Ordinance are declared to be
severable.
3. Any Ordinance or any part of the Ordinance in conflict with this Ordinance, to the extent of
such conflict, is hereby repealed.
4. This Ordinance is adopted in the interest of public health, safety, and general welfare of
the inhabitants of the Town of Leland, North Carolina, and shall be in full force and effect from
and after its adoption.
Brian Edes, Town Attorney

Page 103 of 294

TITLE: Ordinance O19-025 Amending Chapter 10 Animals, Article IV. Animal Control of the
Code of Ordinances, Town of Leland, North Carolina
PURPOSE: To amend Chapter 10 Animals, Article IV. Animal Control, by modifying Section 10-66
Definitions, adding Section 10-69 Regulation of Exotic or Wild Animals, and adding
Section 10-70 Animals at Town Sponsored Events to the Leland Town Code.
BACKGROUND: Section 10-66 of the definitions currently does not define exotic or wild animals and
only provides a limited definition of a domesticated animal. Based upon the
introduction of additional types of animals and pets within the Town, staff
determined it was relevant to expand upon the definitions, and add additional
sections regulating exotic or wild animals and the regulation of animals at Town
sponsored events. The last time Section 10-66 was revised was April 19, 2018.
SUMMARY: The Chief of Police, along with the Town Attorney and staff, reviewed and amended
those definitions, as well as researched the regulation of exotic or wild animals and
animals at Town sponsored events. These additions will provide the Police
Department with improved guidance when responding to any of these types of
complaints to remain consistent with Town policies.
SUPPORT OF STUDIES Staff researched other local agency ordinances to assist in creating the versions
OR PLANS: attached.
FINANCIAL: N/A
ALTERNATIVES: Council can provide additional amendments to the ordinances presented or approve
the amendments and additions as highlighted in Attachments A, B, and C.
RECOMMENDATION: Staff recommends that Council approve the revisions made to Chapter 10 Animals,
Article IV. Animal Control of the Code of Ordinances.

Page 104 of 294
Attachment A
Sec. 10-66. - Definitions.
Adequate shelter means a clean, ventilated, shaded, enclosed area of at least three sides, a
weatherproof roof and floor accessible by an animal, of sufficient size and nature so as to
provide the animal with free movement, a dry place to lie down ably, and reasonable
protection from adverse weather conditions.
Animal means every nonhuman, animate being that is endowed with the power of
voluntary motion, including, but not limited to, dogs, cats, livestock and other mammals, birds,
reptiles, amphibians and fish.
Animal control officers means persons properly appointed by the town to enforce all
sections of this chapter and applicable state laws and who are responsible for discharging such
other duties and functions as may be prescribed by the town council as set forth in this chapter
or any other applicable ordinance or state law.
Cat means a domestic feline of either sex.
Dog means a domestic canine of either sex.
Domesticated means those species of animals that normally and customarily share human
habitat in the Town and are normally dependent on humans for food and shelter in the Town,
such as, but not limited to, dogs, cats, cattle, horses, swine, fowl, sheep, and goats.
Exotic or wild animal means an animal that would ordinarily be confined to a zoo, or one
that would ordinarily be found in the wilderness of this or any other country; or one that is a
species of animal not indigenous to the United States or to North America; or one that
otherwise is likely to cause a reasonable person to be fearful of significant destruction of
property or of bodily harm and the latter includes, but is not limited to, monkeys, raccoons,
squirrels, ocelots, bobcats, wolves, hybrid wolves, venomous reptiles, constrictor snakes of the
Boidae and Pythonidae species, and other such animals. Such animals are further defined as
being those mammals or nonvenomous reptiles weighing over 50 pounds at maturity, which
are known at law as ferae naturae. Exotic or wild animals specifically do not include animals of
a species customarily used in the state as ordinary household pets, animals of a species
customarily used in the state as domestic farm animals, fish confined in an aquarium other than
piranha, birds, or insects.
Impounded means any animal that is received into custody by any employee of the Town
or County.
Owner means any person owning, keeping, having charge of sheltering, feeding, harboring,
or taking care of any animal for 14 or more consecutive days, unless the animal is boarded for a
fee. If a commercial kennel is involved for breeding, ownership shall be indicated by the kennel
operator by showing the registration of the animal in the name of the actual owner of the
animal.
Page 2 of 10
Page 105 of 294
Premises means a definite portion of real estate, including land with its appurtenances, a
building, or part of a building.
Teasing means any act done toward an animal that a reasonable person would expect to
irritate or enrage such an animal to the extent that the animal would be likely to bite or attack,
including, but not limited to, annoying, provoking, harassing, beating, torturing, injuring, or
intentionally causing pain to an animal.
Tether is defined as a metal chain or coated steel cable to restrain a dog. Tethering refers
to the practice of securing a dog to a stationary object by means of a metal chain or coated
steel cable for keeping the animal restrained. This does not refer to periods when animals are
being walked on a leash or for temporary grooming or other professional services.
(Ord. No. O18-008 , § 1, 4-19-2018)
Page 3 of 10
Page 106 of 294
Attachment B
Sec. 10-69. Regulation of exotic or wild animals.

(a) Unlawful act. It shall be unlawful for any person, firm, or corporation to keep,
maintain, possess, or have under their control within the Town, any venomous reptile or
any other wild or exotic animal.
(b) Exceptions. This section of this section shall not apply to lawfully operated and
located pet shops, zoological gardens, scientific research laboratories, circuses,
Veterinarians harboring such animals for purposes of providing professional medical
treatment, wildlife rehabilitators with proper permits, or exhibitors licensed by the
United States Department of Agriculture displaying such animals for educational
purposes, provided that the animals are maintained in a manner to prevent escape.
(c) Permits not authorized. Permits for the keeping or maintenance of wild or exotic
animals are not authorized.
(d) Compliance with state and federal regulations and safe confinement. The
confinement of exotic or wild animals exempted from subsection (a) of this section by
subsection (b) of this section, must meet the regulations promulgated by the state
wildlife commission, the minimum standards under the Animal Welfare Act, and all
applicable rules promulgated by the United States Department of Agriculture. In
addition to meeting the above minimum standards, all such venomous reptiles and all
such wild or exotic animals shall be confined, restrained, or controlled in such a manner
so that the physical safety, or property, of any person lawfully entering the premises
shall not be endangered.
(e) Presence on public rights-of-way. Animals described under subsection (a) of this
section but exempt under subsection (b) of this section shall not be allowed on any
public street, sidewalk, or other public way, except in a fully enclosed cage or adequate
structural restraint. The use of a leash, with or without a muzzle, shall not be considered
adequate restraint. Exempt from this subsection are animals that are part of a featured
performance at a special event with a Town festival or parade permit where the animal
handler is licensed by the United States Department of Agriculture.
Page 4 of 10
Page 107 of 294
Attachment C
Sec. 10-70. - Animals at town sponsored events.

(a) Prohibited. It shall be unlawful for any person owning or having possession, charge,
custody, or control of any animal, as defined in Section 10 of the Town of Leland ordinances, to
take that animal, whether on a leash or not on a leash, into, or allow the animal to enter the
boundaries of any Town sponsored public event unless such event is specifically designated as
exempt from this section due to the event’s nature by the Town Manager, or his/her designee.
The boundaries and the interior of a Town sponsored public event shall consist of any area that
is part of the event and shall include any public street, sidewalk, or other publicly owned area
within that area.
(b) Failure to remove animal. It shall be unlawful for any person with an animal within the
boundaries of Town sponsored public events to fail to obey the command of a law enforcement
officer or of an animal control officer to remove such animal from the event.
(c) Exceptions. This section shall not apply to the following:

1. Those animals that are part of an authorized event exhibit. The Town Manager, or
his/her designee, shall have the authority to specify the conditions for having such
animals for the protection of the public and for the well-being of the animals.
2. Qualified guide, support, and therapy dogs.
3. Domesticated animals used by public safety personnel including but not limited to
those engaged in law enforcement, fire protection, and emergency medical
management.
Page 5 of 10
Page 108 of 294
Ordinance O19-025
Date: June 20, 2019
Amending Chapter 10 Animals, Article IV. Animal Control of the Code of Ordinances,
Be It Ordained:
1. That Chapter 10 Animals, Article IV. Animal Control of the Code of Ordinances, Town
of Leland, North Carolina, is amended by modifying Section 10-66 Definitions, adding
Section 10-69 Regulation of Exotic or Wild Animals, and adding Section 10-70 Animals at
Town Sponsored Events to the Leland Town Code to read as follows:
Sec. 10-66. - Definitions.
Adequate shelter means a clean, ventilated, shaded, enclosed area of at least three
sides, a weatherproof roof and floor accessible by an animal, of sufficient size and
nature so as to provide the animal with free movement, a dry place to lie down ably,
and reasonable protection from adverse weather conditions.
Animal means every nonhuman, animate being that is endowed with the power of
voluntary motion, including, but not limited to, dogs, cats, livestock and other
mammals, birds, reptiles, amphibians and fish.
Animal control officers means persons properly appointed by the town to enforce all
sections of this chapter and applicable state laws and who are responsible for
discharging such other duties and functions as may be prescribed by the town council
as set forth in this chapter or any other applicable ordinance or state law.
Cat means a domestic feline of either sex.
Dog means a domestic canine of either sex.
Domesticated means those species of animals that normally and customarily share
human habitat in the Town and are normally dependent on humans for food and

Page 109 of 294
shelter in the Town, such as, but not limited to, dogs, cats, cattle, horses, swine, fowl,
sheep, and goats.
Exotic or wild animal means an animal that would ordinarily be confined to a zoo, or
one that would ordinarily be found in the wilderness of this or any other country; or
one that is a species of animal not indigenous to the United States or to North
America; or one that otherwise is likely to cause a reasonable person to be fearful of
significant destruction of property or of bodily harm and the latter includes, but is not
limited to, monkeys, raccoons, squirrels, ocelots, bobcats, wolves, hybrid wolves,
venomous reptiles, constrictor snakes of the Boidae and Pythonidae species, and other
such animals. Such animals are further defined as being those mammals or
nonvenomous reptiles weighing over 50 pounds at maturity, which are known at law
as ferae naturae. Exotic or wild animals specifically do not include animals of a species
customarily used in the state as ordinary household pets, animals of a species
customarily used in the state as domestic farm animals, fish confined in an aquarium
other than piranha, birds, or insects.
Impounded means any animal that is received into custody by any employee of the
Town or County.
Owner means any person owning, keeping, having charge of sheltering, feeding,
harboring, or taking care of any animal for 14 or more consecutive days, unless the
animal is boarded for a fee. If a commercial kennel is involved for breeding, ownership
shall be indicated by the kennel operator by showing the registration of the animal in
the name of the actual owner of the animal.
Premises means a definite portion of real estate, including land with its
appurtenances, a building, or part of a building.
Teasing means any act done toward an animal that a reasonable person would expect
to irritate or enrage such an animal to the extent that the animal would be likely to
bite or attack, including, but not limited to, annoying, provoking, harassing, beating,
torturing, injuring, or intentionally causing pain to an animal.
Tether is defined as a metal chain or coated steel cable to restrain a dog. Tethering
refers to the practice of securing a dog to a stationary object by means of a metal
chain or coated steel cable for keeping the animal restrained. This does not refer to
periods when animals are being walked on a leash or for temporary grooming or other
professional services.
Sec. 10-69. - Regulation of exotic or wild animals.

Page 110 of 294
(a) Unlawful act. It shall be unlawful for any person, firm, or corporation to keep,
maintain, possess, or have under their control within the Town, any venomous reptile
or any other wild or exotic animal.
(b) Exceptions. This section of this section shall not apply to lawfully operated and
located pet shops, zoological gardens, scientific research laboratories, circuses,
Veterinarians harboring such animals for purposes of providing professional medical
treatment, wildlife rehabilitators with proper permits, or exhibitors licensed by the
United States Department of Agriculture displaying such animals for educational
purposes, provided that the animals are maintained in a manner to prevent escape.
(c) Permits not authorized. Permits for the keeping or maintenance of wild or exotic
animals are not authorized.
(d) Compliance with state and federal regulations and safe confinement. The
confinement of exotic or wild animals exempted from subsection (a) of this section by
subsection (b) of this section, must meet the regulations promulgated by the state
wildlife commission, the minimum standards under the Animal Welfare Act, and all
applicable rules promulgated by the United States Department of Agriculture. In
addition to meeting the above minimum standards, all such venomous reptiles and all
such wild or exotic animals shall be confined, restrained, or controlled in such a
manner so that the physical safety, or property, of any person lawfully entering the
premises shall not be endangered.
(e) Presence on public rights-of-way. Animals described under subsection (a) of this
section but exempt under subsection (b) of this section shall not be allowed on any
public street, sidewalk, or other public way, except in a fully enclosed cage or
adequate structural restraint. The use of a leash, with or without a muzzle, shall not
be considered adequate restraint. Exempt from this subsection are animals that are
part of a featured performance at a special event with a Town festival or parade
permit where the animal handler is licensed by the United States Department of
Agriculture.
Sec. 10-70. - Animals at town sponsored events.
(a) Prohibited. It shall be unlawful for any person owning or having possession, charge,
custody, or control of any animal, as defined in Section 10 of the Town of Leland
ordinances, to take that animal, whether on a leash or not on a leash, into, or allow
the animal to enter the boundaries of any Town sponsored public event unless such
event is specifically designated as exempt from this section due to the event’s nature
by the Town Manager, or his/her designee. The boundaries and the interior of a Town
sponsored public event shall consist of any area that is part of the event and shall
include any public street, sidewalk, or other publicly owned area within that area.

Page 111 of 294
(b) Failure to remove animal. It shall be unlawful for any person with an animal within
the boundaries of Town sponsored public events to fail to obey the command of a law
enforcement officer or of an animal control officer to remove such animal from the
event.
(c) Exceptions. This section shall not apply to the following:
1. Those animals that are part of an authorized event exhibit. The Town Manager,
or his/her designee, shall have the authority to specify the conditions for having
such animals for the protection of the public and for the well-being of the
animals.
2. Qualified guide, support, and therapy dogs.
3. Domesticated animals used by public safety personnel including but not

limited to those engaged in law enforcement, fire protection, and emergency
medical management.
2. If this Ordinance or the application thereof to any person or circumstance is held

invalid, such invalidity shall not affect other provisions or applications of the Ordinance
which can be given separate effect and to that end the provisions of this Ordinance are
declared to be severable.
3. Any Ordinance or any part of the Ordinance in conflict with this Ordinance, to the
extent of such conflict, is hereby repealed.
4. This Ordinance is adopted in the interest of public health, safety, and general welfare
of the inhabitants of the Town of Leland, North Carolina, and shall be in full force and
effect from and after its adoption.

Page 112 of 294
Brian E. Edes, Town Attorney

Page 113 of 294

TITLE: Ordinance O19-026 Amending Chapter 18 Businesses and Business Regulations,

Section 18-46 Peddlers and Solicitors of the Code of Ordinances, Town of Leland,
North Carolina
PURPOSE: To amend Chapter 18 Businesses and Business Regulations, Section 18-46 Peddlers
and Solicitors, to further define the restricted areas for soliciting, begging, or loitering.
BACKGROUND: The current Peddlers and Solicitors Ordinance needed to further define areas under
Subsection (b), Restrictions. The last time Section 18-46 was revised was May 21,
2015.
SUMMARY: Section 18-46, Peddlers and Solicitors of the Code of Ordinances has been updated to
further define the restricted areas of not just the public right-of-way, but also a public
vehicular area.

OR PLANS:
FINANCIAL: N/A
ALTERNATIVES: Council can provide additional amendments to the updates presented or approve the
amendments as highlighted in Attachment A.
RECOMMENDATION: Staff recommends that Council approve the revisions made to Chapter 18 Businesses
and Business Regulations, Section 18-46 Peddlers and Solicitors of the Code of
Ordinances.

Page 114 of 294
Attachment A
Sec. 18-46. - Peddlers and solicitors.

(a) Intent. The purpose of this section is to regulate the door-to-door activities in residential
areas of the town, and to regulate the activity in public rights-of-way, and to thereby promote
the public safety and welfare. It is not the intent of this article to restrict activities related to the
constitutionally protected right to express views concerning political, social, religious or other
like matters.
(b) Restrictions. No permit shall be issued for solicitation in residential neighborhoods. No
person or group shall solicit, beg, or loiter in the public right-of-way or public vehicular area
such that it impedes or impairs vehicular or pedestrian traffic. No person or group shall solicit,
beg, or loiter in one general location of the public right-of-way or public vehicular area for
longer than 30 minutes. Additionally, it is unlawful to peddle or solicit unless the following
requirements are met:
(1) Such peddling/soliciting shall be permitted only between the hours of 9:00 a.m. and
9:00 p.m. during eastern daylight time and 9:00 a.m. to 8:00 p.m. during eastern
standard time.
(2) The peddler/solicitor permit issued for that person shall be carried and displayed at
all times while conducting such solicitations in such a manner as to be clearly visible to a
reasonable person of adequate vision.
(3) All other permits or licenses required by law shall have been obtained.
Page 2 of 4
Page 115 of 294
Ordinance O19-026
Date: June 20, 2019
Amending Chapter 18 Businesses and Business Regulations, Section 18-46 Peddlers

and Solicitors of the Code of Ordinances, Town of Leland, North Carolina
Be It Ordained:
1. That Chapter 18 of the Code of Ordinances, Town of Leland, North Carolina, is amended by
modifying Section 18-46 of the Leland Town Code to read as follows:
Sec. 18-46. - Peddlers and solicitors.
(a) Intent. The purpose of this section is to regulate the door-to-door activities in
residential areas of the town, and to regulate the activity in public rights-of-way, and to
thereby promote the public safety and welfare. It is not the intent of this article to restrict
activities related to the constitutionally protected right to express views concerning
political, social, religious or other like matters.
(b) Restrictions. No permit shall be issued for solicitation in residential neighborhoods. No

person or group shall solicit, beg, or loiter in the public right-of-way or public vehicular
area such that it impedes or impairs vehicular or pedestrian traffic. No person or group
shall solicit, beg, or loiter in one general location of the public right-of-way or public
vehicular area for longer than 30 minutes. Additionally, it is unlawful to peddle or solicit
unless the following requirements are met:
(1) Such peddling/soliciting shall be permitted only between the hours of 9:00 a.m.
and 9:00 p.m. during eastern daylight time and 9:00 a.m. to 8:00 p.m. during eastern
standard time.
(2) The peddler/solicitor permit issued for that person shall be carried and displayed at
all times while conducting such solicitations in such a manner as to be clearly visible to
a reasonable person of adequate vision.
(3) All other permits or licenses required by law shall have been obtained.

Page 116 of 294
2. If this Ordinance or the application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications of the Ordinance which can be
given separate effect and to that end the provisions of this Ordinance are declared to be
severable.
3. Any Ordinance or any part of the Ordinance in conflict with this Ordinance, to the extent of
such conflict, is hereby repealed.
4. This Ordinance is adopted in the interest of public health, safety, and general welfare of
the inhabitants of the Town of Leland, North Carolina, and shall be in full force and effect from
and after its adoption.
Brian E. Edes, Town Attorney

Page 117 of 294
MEMO RFA-19-0864

Prepared By: Ashli Pirozzi
TITLE: Resolution R19-046 of the Town Council of Leland, North Carolina Updating the Fee
Schedules for the Planning and Inspections Department
PURPOSE: To adopt a resolution approving revised fee schedules for for the Planning and
Inspections Department.
BACKGROUND: The Town's Ordinance states that the Town Council shall adopt a schedule of fees to
be paid by applicants for permits and applications required under the provisions of
the zoning and subdivision ordinances.
The Town's Ordinance also states that Town Council shall adopt a schedule of fees to
be paid by applicants for permits, plan review, and applications required under the
Building Code. Further, the Town's Ordinance also references Attachment A, which
includes fees related to the Fire Prevention Code. The proposed Building Inspections
Schedule of Fees reflects an updated Attachment A as referenced in the ordinance.
Exhibit A, attached hereto, includes the proposed updates to the fee schedules for
the Planning and Inspections Department.
SUMMARY: The fee schedule adopted by Council reflects the estimated cost of providing services
to applicants for a variety of permits, inspections, and plan reviews. The fees collected
by the Town assist in supporting the functions of the Planning and Inspections
Department.
The following is a summary of the revisions to the fee schedules for the Planning and
Inspections Department:
Planning Schedule of Fees:

• The addition of fees for small cell wireless facilities and other
telecommunications facilities
o These types of facilities were addressed as permitted uses in a text
amendment that was approved in December 2018
• The addition of fees for food trucks
o This fee will apply if the proposed food truck text amendment is
approved by Council at their July meeting
• The removal of fees related to preliminary plat approval by Council
o Due to a recent text amendment, Council no longer approves
preliminary plats
• A clarification that re-inspection fees apply to both zoning and subdivision
related inspections
Page 118 of 294
• A modification of the fee charged for return checks

o The proposed fee is consistent with the returned check fee for other
departments
Building Inspections Schedule of Fees:

• The removal of the column for fees for Sandy Creek and Navassa
o This removal is due to the modification of an agreement for
inspection services provided to those municipalities. Fees for any
permits, inspections, or otherwise for projects within Navassa or
Sandy Creek will be charged the same amount as they would be
charged as if the project is in Leland.
• The addition of rooftop commercial change out fees
o These types of change outs generally take additional staff time to
complete due to the requirement to access the roof of a building
• The addition of two categories of fees related to fire inspections
o Both the fire construction fees and fire inspection fees reflect an
updated Attachment A in Chapter 14 of the Town's Code of
Ordinances
• A clarification of re-inspection fees
o This clarification is reflective of the updated Attachment A referenced
in the ordinance
• The removal of fast track permits
o This is not currently a service that the Town offers
• The removal of same day inspection fees.
o This is not currently a service that the Town offers, however same day
inspections may be requested, but are dependent on the daily
schedules of inspectors
• Modifications to after hours permitting
o This modification provides clarification that after hours permitting is
for the purpose of emergency situations and that the fee is proposed
as $75.00 per hour to reflect the cost associated with staff time after
hours

OR PLANS:
FINANCIAL: N/A
ALTERNATIVES: Town Council may adopt the resolution to approve the revised fee schedule as
presented, approve an amended version of the fee schedule, or deny the resolution.
RECOMMENDATION: Staff recommends approval of the proposed updates to the fee schedules for the
Planning and Inspections Department.

Page 119 of 294
Resolution R19-046
Introduced By: Ashli Pirozzi
Date: June 20, 2019
Resolution Approving the Revised Fee Schedules for the Planning and Inspections
Department.
WHEREAS, the a fee schedule shall be adopted by resolution of the Town Council and regularly
updated; and
WHEREAS, staff has evaluated the current application review processes and current fee
schedule and recommends that some application fees be modified or added to ensure that the
Town’s costs for planning and inspections services are accounted for.
That the Leland Town Council hereby approves the revised Fee Schedules for the Town of
Leland's Planning and Inspections Department, attached hereto, effective July 1, 2019.
Adopted by Town Council on this 20th of June, 2019.

Page 120 of 294
PLANNING AND ZONING

FEE SCHEDULE
102 Town Hall Dr., Leland, NC 28451 Planning & Inspections Department
www.townofleland.com Phone 910-371-3390 Fax 910-371-1073
Zoning Fees
Residential Structures (New Home Construction) $50.00
Development Site Plan - Commercial, Industrial, etc. (Note: Graduated Fee)

0-4,999 square feet of Gross Floor Area (GFA) $700.00
5,000-10,000 square feet of Gross Floor Area (GFA) $900.00
Additional $15.00 per 1,000 square feet over 10,000 square feet
Rezonings
General Rezoning $500.00
Planned Unit Development (PUD) Rezoning $1,000 + $5 per acre
Conditional Rezoning $1,200 + $15 per acre
Sign Permits
On-Premise Sign $75.00
Temporary Signs (Banners) $50.00
Temporary Off-Premise Directional Real Estate Sign $300.00
Small Cell Wireless Facilities

$100.00 per facility for the first 5 faciltiies on an
application; $50 per facility for each additional
New facilities, Collocations, Substantial Modificiations
facility on an application (25 total facilities max per
application)
All other Telecommunications Facilities

New facility or Substantial Modification $750.00
Collocations $100.00 per facility
Zoning Text Amendment $400.00

Accessory Structure $35.00
Change of Use $100.00
Customary Home Occupation Permit $25.00
Family Care and Group Home $50.00
Structural Improvement $35.00
Temporary Use Permit $50.00
Food Truck $50.00
Voluntary Annexation (Annexation, Initial Zoning and Recordation) $450.00
Subdivision Permits
Preliminary Plats:
Minor Plat $75.00
Major Plat $700.00 + $5 per lot
Site Specific Plan in a PUD (includes master plan update) $700.00 + $5 per lot
Planned Unit Development Master Plan (New)

Less than 50 acres $700.00
50-100 acres $900.00
More than 100 acres $1,000 + $15 per acre
Preliminary Plat Revisions (prior to final plat recording):

Staff Review $100.00
Board/Council Approval $200 + readvertising fees
Final Plats:
Exempt $50.00
Minor $50.00
Major or PUD (without engineer review) $150.00
Major or PUD (with engineer review) $300 + $10/lot
Final Plat Revisions (staff review) $25.00
Final Plat Extension $200.00
Improvement Guarantees:
New $150.00
One year extension request $50.00
Effective July 1, 2019
Page 121 of 294
Reduction/Release (with engineer review) $500.00

Reductions (staff review) $100.00
Subdivision Text Amendment $400.00
Floodplain Development
Flood Zone Verification Letter $25.00
Floodplain Development Permit - Residential $50.00
Floodplain Development Permit - Commercial $50.00
Board of Adjustment
Variance $500.00
Appeal $500.00
Documents, Maps, Etc.

Application Resubmissions 50% of Original Fee
Continuances After Advertising $50 + Readvertisment costs*
Copies (B & W) $.10/page
Copies (color) $.50/page
Full Scale Prints (24 x 36) $ 10.00 per sheet
Public Information Requests Cost of Materials
Street Naming (prior to lot recording) $100.00
Zoning Certification Letter $25.00
Zoning Re-Inspections (Zoning and Subdivision) $25.00 $100.00
Zoning Verification Letter $50.00
General Notes
Any applicant initiated continuance that requires readvertisment, will be billed the cost of advertisements. The repayment of such
fees will be set as a condition of any decision.
A written request for a refund of fees prior to the start of planning department services may be submitted by the applicant. 25% of
the orginal amount paid is retain for processing.
There is a $35.00 $25.00 fee for returned checks
Page 122 of 294
BUILDING INSPECTIONS
FEE SCHEDULE
Building (Charge/Sq. Ft.) Navassa/Sandy Creek Leland
Residential Heated Area $0.91 $0.45
Manufactured Home $0.27 $0.14
Residential Unheated Area $0.23 $0.14
Porch/ Deck/Pergola and Similar Structures (uncovered) $0.18 $0.08
Commercial $0.25 $0.15
Commercial Unheated $0.15 $0.08
Shell Up-fit $0.15 $0.08
Existing Remodel/Repair $0.15/Sq. Ft. $50 minimum $0.08/Sq. Ft.$25 minimum
Retaining Walls/Fences & Similar Structures $0.15/Linear Ft. $50.00 minimum $0.08/Linear Ft.$25 minimum
Electrical (If any structure has more than one type of system the applicant will be charged for each.)
Temporary Service/Stand Alone Service $50.00 $25.00
Residential Rough-in $50.00 $25.00
Residential Final $50.00 $25.00
Residential Other (Required Inspection) $50.00 $25.00
Power Reconnection $50.00 $25.00
Commercial Rough-in $100.00 $50.00
Commercial Final $100.00 $50.00
Commercial Construction $100.00/200 Amps $50.00/200 Amps
Commercial Other (Required Inspection) $50.00 $25.00
Mechanical (If any structure has more than one type of system the applicant will be charged for each.)
Commercial Construction $100.00/unit $50.00/unit
Standard Commercial Change-out (1st unit/each additional unit) $100.00/$50.00 $50.00/$25.00
Rooftop Commercial Change-out (1st unit/each additional unit) $100.00/$50.00
Plumbing
Residential Slab $50.00 $25.00
Water and Sewer $50.00 $25.00
New Commercial Construction $100/00 + $10/trap $50.00 + $5.00/trap
Fire Construction Permits
Automatic Fire-Extinguishing System $25.00
Battery Systems $50.00
Compressed Gases $50.00
Cryogenic Fluids $50.00
Fire Alarms and Detection Systems, plus related equipment $50.00
Fire Pumps and related equipment $50.00
Food Truck Inspection (on Town Hall premises by appointment) $25.00
Flammable and Combustible Liquids $50.00
Hazardous Materials $50.00
Hood Extinguisher System $50.00 $25.00
Industrial Ovens $50.00
LP-Gas $50.00
Private Fire Hydrants $50.00

Spraying and Dripping $50.00
Sprinkler and Standpipe Systems $100.00 + $4/head $50.00 + $2/head
Temporary Membrane Structures and Tents $50.00
Other (required Inspection) $50.00 $25.00
Page 123 of 294
Fire Inspections
Operational Permits
Amusement Buildings $25.00
Carnivals and Fairs $25.00
Combustible Dust-Producing Operations $50.00
Covered Mall Building $100.00
Dry Cleaning Plants $50.00
Exhibits and Trade Shows $50.00
Explosives $100.00
Fumigation and Thermal Insecticidal Fogging $50.00
High Pilled Storage $50.00
Liquid or Gas Fuel Vehicles or Equipment in an Assembly Building $100.00

Pyrotechnic Special Effects Material $100.00
Storage of Scrap Tires and Tire Byproducts $50.00
Annual Inspection Fees for Level l, II, or III Occupancies

Commercial
Under 1,500 square feet $25.00
1,500 - 5,000 square feet $50.00
5,000 10,000 square feet $75.00
Over 10,000 square feet $100.00 + $5.00 / 1,000 square feet

Special Situations (Outside storage, LP bulk storage) $50.00
Multi-Family Apartments (Common area and fire control
devices) $25.00 per building
Churches and Foster Care No Charge
Re-inspection Fee Schedule - Applies to Building, Electrical, Mechanical, Plumbing, and Fire Construction Permits (Permit fees include one re-
inspection per trade. If work is not complete when scheduled, the "not ready" fee will be charged. Reinspection fees must be paid in the office
prior to next inspection being granted.)
Subsequent Violations Per Trade $50.00 $50.00
Repeat Issue $100.00 $100.00
Cancellation (non-weather related) $50.00 $50.00
Not ready (incomplete/still working) $100.00 $100.00
First reinspection (included with all other permit fees) No Cost
Second re-inspection $50.00
Third re-inspection $100.00
If all violations have not been corrected at the third re-inspection for inspection thereafter, the permit holder will be assessed a
$200.00 penalty and further actions may be initiated.
Other Fees (Trades not included)
Fast Track Permit N/A $500.00
Occupancy/Compliance Certificates $50.00 $25.00
Sign Permit $50.00 $25.00
State License Inspection $100.00 $50.00
Solar Panels $50.00 $25.00
Swimming Pools $50.00 $25.00
Homeowners Recovery Fund $10.00 $10.00
Same Day Inspection $50.00 $50.00
Working Without a Permit $100.00 $100.00
Emergency After Hours Inspections $100.00 $100 $75 per hour
Administrative - Processing Fee Retained If Permit is Cancelled Commercial Projects - 25% of Permit Commercial Projects - 25% of Permit
Before Construction Begins Fee; Residential Projects - $100 Fee; Residential Projects - $100
There will be a $25.00 fee for returned checks
Page 124 of 294
PLANNING AND ZONING

FEE SCHEDULE
Zoning Fees
Residential Structures (New Home Construction) $50.00
Development Site Plan - Commercial, Industrial, etc. (Note: Graduated Fee)

0-4,999 square feet of Gross Floor Area (GFA) $700.00
5,000-10,000 square feet of Gross Floor Area (GFA) $900.00
Additional $15.00 per 1,000 square feet over 10,000 square feet
Rezonings
General Rezoning $500.00
Planned Unit Development (PUD) Rezoning $1,000 + $5 per acre
Conditional Rezoning $1,200 + $15 per acre
Sign Permits
On-Premise Sign $75.00
Temporary Signs (Banners) $50.00
Temporary Off-Premise Directional Real Estate Sign $300.00
Small Cell Wireless Facilities

$100.00 per facility for the first 5 faciltiies on an
application; $50 per facility for each additional
New facilities, Collocations, Substantial Modificiations
facility on an application (25 total facilities max per
application)
All other Telecommunications Facilities

New facility or Substantial Modification $750.00
Collocations $100.00 per facility
Zoning Text Amendment $400.00

Accessory Structure $35.00
Change of Use $100.00
Customary Home Occupation Permit $25.00
Family Care and Group Home $50.00
Structural Improvement $35.00
Temporary Use Permit $50.00
Food Truck $50.00
Voluntary Annexation (Annexation, Initial Zoning and Recordation) $450.00
Subdivision Permits
Preliminary Plats:
Minor Plat $75.00
Major Plat $700.00 + $5 per lot
Site Specific Plan in a PUD (includes master plan update) $700.00 + $5 per lot
Planned Unit Development Master Plan (New)

Less than 50 acres $700.00
50-100 acres $900.00
More than 100 acres $1,000 + $15 per acre
Preliminary Plat Revisions (prior to final plat recording):

Staff Review $100.00
Board/Council Approval $200 + readvertising fees
Final Plats:
Exempt $50.00
Minor $50.00
Major or PUD (without engineer review) $150.00
Major or PUD (with engineer review) $300 + $10/lot
Final Plat Revisions (staff review) $25.00
Final Plat Extension $200.00
Improvement Guarantees:
New $150.00
One year extension request $50.00
Page 8 of 11
Page 125 of 294
Reduction/Release (with engineer review) $500.00

Reductions (staff review) $100.00
Subdivision Text Amendment $400.00
Floodplain Development
Flood Zone Verification Letter $25.00
Floodplain Development Permit - Residential $50.00
Floodplain Development Permit - Commercial $50.00
Board of Adjustment
Variance $500.00
Appeal $500.00
Documents, Maps, Etc.

Application Resubmissions 50% of Original Fee
Continuances After Advertising $50 + Readvertisment costs*
Copies (B & W) $.10/page
Copies (color) $.50/page
Full Scale Prints (24 x 36) $ 10.00 per sheet
Public Information Requests Cost of Materials
Street Naming (prior to lot recording) $100.00
Zoning Certification Letter $25.00
Zoning Re-Inspections (Zoning and Subdivision) $25.00 $100.00
Zoning Verification Letter $50.00
General Notes
Any applicant initiated continuance that requires readvertisment, will be billed the cost of advertisements. The repayment of such
fees will be set as a condition of any decision.
A written request for a refund of fees prior to the start of planning department services may be submitted by the applicant. 25% of
the orginal amount paid is retain for processing.
There is a $35.00 $25.00 fee for returned checks
Page 9 of 11
Page 126 of 294
BUILDING INSPECTIONS
FEE SCHEDULE
Building (Charge/Sq. Ft.) Navassa/Sandy Creek Leland
Residential Heated Area $0.91 $0.45
Manufactured Home $0.27 $0.14
Residential Unheated Area $0.23 $0.14
Porch/ Deck/Pergola and Similar Structures (uncovered) $0.18 $0.08
Commercial $0.25 $0.15
Commercial Unheated $0.15 $0.08
Shell Up-fit $0.15 $0.08
Existing Remodel/Repair $0.15/Sq. Ft. $50 minimum $0.08/Sq. Ft.$25 minimum
Retaining Walls/Fences & Similar Structures $0.15/Linear Ft. $50.00 minimum $0.08/Linear Ft.$25 minimum
Electrical (If any structure has more than one type of system the applicant will be charged for each.)
Temporary Service/Stand Alone Service $50.00 $25.00
Power Reconnection $50.00 $25.00
Commercial Construction $100.00/200 Amps $50.00/200 Amps
Mechanical (If any structure has more than one type of system the applicant will be charged for each.)
Commercial Construction $100.00/unit $50.00/unit
Standard Commercial Change-out (1st unit/each additional unit) $100.00/$50.00 $50.00/$25.00
Rooftop Commercial Change-out (1st unit/each additional unit) $100.00/$50.00
Plumbing
Residential Slab $50.00 $25.00
Water and Sewer $50.00 $25.00
New Commercial Construction $100/00 + $10/trap $50.00 + $5.00/trap
Fire Construction Permits
Automatic Fire-Extinguishing System $25.00
Battery Systems $50.00
Compressed Gases $50.00
Cryogenic Fluids $50.00
Fire Alarms and Detection Systems, plus related equipment $50.00
Fire Pumps and related equipment $50.00
Food Truck Inspection (on Town Hall premises by appointment) $25.00
Hood Extinguisher System $50.00 $25.00
Industrial Ovens $50.00
LP-Gas $50.00

Sprinkler and Standpipe Systems $100.00 + $4/head $50.00 + $2/head
Other (required Inspection) $50.00 $25.00
Page 10 of 11
Page 127 of 294
Fire Inspections
Operational Permits
Amusement Buildings $25.00
Carnivals and Fairs $25.00
Combustible Dust-Producing Operations $50.00
Covered Mall Building $100.00
Dry Cleaning Plants $50.00
Exhibits and Trade Shows $50.00
Explosives $100.00
Fumigation and Thermal Insecticidal Fogging $50.00
High Pilled Storage $50.00
Liquid or Gas Fuel Vehicles or Equipment in an Assembly Building $100.00

Pyrotechnic Special Effects Material $100.00
Storage of Scrap Tires and Tire Byproducts $50.00
Annual Inspection Fees for Level l, II, or III Occupancies

Commercial
Under 1,500 square feet $25.00
1,500 - 5,000 square feet $50.00
5,000 10,000 square feet $75.00
Over 10,000 square feet $100.00 + $5.00 / 1,000 square feet

Special Situations (Outside storage, LP bulk storage) $50.00
Multi-Family Apartments (Common area and fire control
devices) $25.00 per building
Churches and Foster Care No Charge
Re-inspection Fee Schedule - Applies to Building, Electrical, Mechanical, Plumbing, and Fire Construction Permits (Permit fees include one re-
inspection per trade. If work is not complete when scheduled, the "not ready" fee will be charged. Reinspection fees must be paid in the office
prior to next inspection being granted.)
Subsequent Violations Per Trade $50.00 $50.00
Repeat Issue $100.00 $100.00
Cancellation (non-weather related) $50.00 $50.00
Not ready (incomplete/still working) $100.00 $100.00
First reinspection (included with all other permit fees) No Cost
Second re-inspection $50.00
Third re-inspection $100.00
If all violations have not been corrected at the third re-inspection for inspection thereafter, the permit holder will be assessed a
$200.00 penalty and further actions may be initiated.
Other Fees (Trades not included)
Fast Track Permit N/A $500.00
Occupancy/Compliance Certificates $50.00 $25.00
Sign Permit $50.00 $25.00
State License Inspection $100.00 $50.00
Solar Panels $50.00 $25.00
Swimming Pools $50.00 $25.00
Homeowners Recovery Fund $10.00 $10.00
Same Day Inspection $50.00 $50.00
Working Without a Permit $100.00 $100.00
Emergency After Hours Inspections $100.00 $100 $75 per hour
Administrative - Processing Fee Retained If Permit is Cancelled Commercial Projects - 25% of Permit Commercial Projects - 25% of Permit
Before Construction Begins Fee; Residential Projects - $100 Fee; Residential Projects - $100
There will be a $25.00 fee for returned checks
Page 11 of 11
Page 128 of 294
Page 129 of 294

Prepared By: Andrew Neylon
TITLE: Resolution R19-047 to Approve a New Improvement Guarantee Agreement With

Grayson Park Development, Inc. for the Guarantee of Installation of Public
Improvements in Certain Sections Within Grayson Park Subdivision, Phase 2B Section
1
PURPOSE: To approve a request by Grayson Park Development, LLC to enter into a new
Improvement Guarantee Agreement to guarantee the installation of certain public
infrastructure improvements within Grayson Park Subdivision, Phase 2B Section 1.
BACKGROUND: Grayson Park Subdivision is a satellite annexation located off NC Hwy. 87 (Maco
Road), approximately 1.5 miles northeast of US HWY 17. Grayson Park Development,
LLC currently has one active improvement guarantee agreement totaling $12,437.50.
SUMMARY: Pursuant to Sec. 50-109 of the Town Code of Ordinances, in lieu of requiring the
completion, installation, and dedication of all public improvements prior to final plat
approval of a subdivision, Council may enter into an agreement (“Improvement
Guarantee Agreement”) with the subdivision developer whereby the developer shall
agree to complete all required improvements. To secure this Improvement Guarantee
Agreement, the developer shall provide, subject to the approval of the Council, either
one, or a combination of, a surety performance bond, a cash bond or an irrevocable
letter of credit in an amount not exceeding 1.25 times the entire estimated cost of
the improvements.
The Developer is requesting a new Improvement Guarantee Agreement with the

Town. Planning Staff has reviewed the estimated quantities and estimated cost of the
public infrastructure improvements to be included in the Improvement Guarantee
Agreement, as shown in Exhibit A of the Resolution, and found them to be reasonable
and sufficient. The map of the area to be bonded is shown as Exhibit B.
SUPPORT OF STUDIES n/a

OR PLANS:
FINANCIAL: The estimated cost of the public improvements for Grayson Park Phase 2B Section 1 is
$43,100.00. To guarantee completion of the improvements, the Developer will
provide a surety bond to the Town in the amount of $53,875.00 which is 1.25 times
the estimated cost of the improvements.
ALTERNATIVES: Council may adopt or turn down the resolution.
RECOMMENDATION: Staff recommends Council adopt Resolution R19-047.

Page 130 of 294

Page 131 of 294
Resolution R19-047
Introduced By: Andrew Neylkon
Date: June 20, 2019
Resolution to Approve a New Improvement Guarantee Agreement With Grayson Park

Development, LLC for the Guarantee of Public Improvement to be Installed in Certain
Sections Within Grayson Park Subdivision Phase 2B Section 1
WHEREAS, pursuant to Section 50-109 in the Town Code of Ordinances, in lieu of requiring the
completion, installation, and dedication of all public improvements, and prior to final plat
approval, the Town Council may enter into an agreement with the subdivider whereby the
subdivider shall agree to complete all required improvements; and
WHEREAS, to secure this agreement, the subdivider shall provide, subject to the approval of
the Town Council, either one, or a combination of the following guarantees not exceeding 1.25
times the entire cost as provided in Section 50-109:
1. Surety performance bond(s)
2. Cash bond(s)
3. Irrevocable letter of credit
WHEREAS, the Developer will execute a new Improvement Guarantee Agreement, attached
hereto and incorporated herein by reference as Exhibit A, to guarantee the completion of
public improvements for Grayson Park subdivision Phase 2B Section 1; and
WHEREAS, the Town of Leland has reviewed the estimated quantities and estimated costs for
areas Grayson Park subdivision Phase 2B Section 1, and found the estimates to be reasonable
and sufficient to complete the construction of public improvements; and
WHEREAS, to guarantee completion of the improvements, the Developer will provide one new
Surety Bond to the Town in the amount of $53,875.00, which is 1.25 times the estimated cost
of the improvements.
That the Leland Town Council authorizes a new Improvement Guarantee Agreement between
Grayson Park Development, LLC and the Town for Grayson Park subdivision Phase 2B Section 1.

Page 132 of 294

Page 133 of 294
Exhibit A
SUBDIVISION/LAND DEVELOPMENT
Improvement Guarantee Agreement
102 Town Hall Dr., Leland, NC 28451 Planning and Building Inspections
This Agreement made this 20th day of June 2019, by and between Grayson Park Development,
LLC ("Developer") and the TOWN OF LELAND, NORTH CAROLINA, a municipal corporation located in Brunswick
County, North Carolina ("Town").
WHEREAS, the Developer wishes to secure approval of a final plat (the "Final Plat") of a proposed
subdivision located in the Town known as Grayson Park Phase 2B Section 1 (the "Subdivision"); and
WHEREAS, under the provisions of the Code of Ordinances of Town, Developer is required to
complete installation of certain infrastructure and other required improvements prior to recording of the Final
Plat; and
WHEREAS, the ordinances of the Town of Leland provide in Section 50-109 that a developer may
post a surety performance bond, cash, letter of credit or the equivalent as security for the developer's promise to
install the required improvements (the "Security") and upon receipt of the Security in form satisfactory to the
Town, the Final Plat of the affected subdivision may be recorded; and
WHEREAS, Town desires to approve the Final Plat for the subdivision described herein and in lieu
of requiring completion of all improvements prior to said approval, will accept from the Developer a surety bond
from International Fidelity Insurance Company to guarantee completion of the improvements described
hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
1. The recitals set forth hereinabove are incorporated herein and made part of this Agreement.
2. The Developer is desirous of installing
(i) the improvements as shown on the Final Plat,
(ii) the improvements as shown on any other plans and specifications submitted to the Town
by Developer in connection with the work to be carried out as reflected on the Final Plat,
(iii) the improvements as required by the Town Subdivision Ordinances and other applicable
ordinances, and
Page 1 of 3 Revised 04/30/2018

Page 134 of 294
(iv) the improvements as set forth in the engineer's report prepared by Matthew Haley, P.E.
attached hereto labeled Exhibit "A" (said improvements described herein referred to collectively as the
"Improvements").
3. The engineer's report attached as Exhibit "A" contains an estimate prepared by such
engineer showing a cost of $43,100.00 to complete the Improvements. The cost as reflected in Exhibit "A" includes
administration, inspection and all required engineering fees.
4. Developer will provide Town a surety bond from International Fidelity Insurance
Company in the amount of $53,875.00 which amount is 1.25 times the estimated cost of installation of the
Improvements.
5. The Security given by the Developer shall comply with all applicable Town ordinances and
shall remain in place for one year from the date of this agreement.
6. The Developer must complete the Improvements within one year from the date of this
Agreement.
7. The Developer may request partial release of the Security upon presentation to the Town
of a certification reflecting work actually performed and materials actually installed toward completion of the
Improvements. The decision to release any part of the Security prior to completion of all Improvements shall be
made exclusively by the Town and in its sole discretion. Final release of the Security shall be made in accordance
with Paragraph 5 above.
8. Any cash funds deposited as Security with the Town by the Developer may be placed in
an interest bearing account and all interest earned on such account shall be and remain the property of Town.
9. If all Improvements are not completed within one year from the date of this Agreement,
the Developer may request an extension of the time within which to complete such Improvements. An extension
may be granted by the Town in its sole discretion. If an extension is granted, then the Security given by the
Developer for completion of the Improvements shall remain in full force and effect during the extension.
10. In the event Developer fails to complete installation of the Improvements, the Town shall
have the option (but not the obligation), in its sole discretion, of utilizing the Security for completion of the
Improvements.
11. In the event the Developer fails to complete installation of the Improvements, the Town
shall be authorized to (a) withhold any permits for further construction of any improvements of any kind within
the Subdivision, and (b) withhold the issuance of any zoning permits for any existing or new construction within
the Subdivision.
IN WITNESS WHEREOF, the parties have executed this document the day and year first above
written.

Page 135 of 294
DEVELOPER:
Signature: _______________________________________
Tom Smith, Managing Member
Grayson Park Development, LLC
TOWN OF LELAND
Signature: ______________________________________
Town of Leland
(SEAL)
ATTEST:
Signature: ______________________________________
Town of Leland

Page 136 of 294
Exhibit A
Page 137 of 294
Exhibit B
Page 9 of 9
Page 138 of 294
Page 139 of 294

TITLE: Resolution R19-056 Authorizing the Reductions of Three Improvement Guarantee

Agreements with Funston Land & Timber, LLC for the Completion of Certain Public
Improvements in Certain Sections within Brunswick Forest PUD
PURPOSE: To approve requests submitted by Funston Land & Timber, LLC ("Developer") to
reduce three existing Improvement Guarantee Agreements for the completion of
public infrastructure improvements in certain sections in Brunswick Forest PUD.
BACKGROUND: Brunswick Forest is a Planned Unit Development (PUD) located off U.S. Hwy. 17. The
developer is responsible for installing certain public improvements in accordance with
Town standards.
one, or a combination of, a surety performance bond, a cash bond, or an irrevocable
the improvements. Further, a release or reduction in an Improvement Guarantee
Agreement beyond the original one year guarantee period may be approved by the
Town Manager or his designee. As best practice, the reduction or release of an
Improvement Guarantee Agreement should be approved by resolution by the Town
Council.
At the time the original Agreements for all the ensuing sections in Brunswick Forest
PUD were approved, the installation of all public improvements were guaranteed
with associated letters of credit. Brunswick Forest Phase 2 Section 2, Phase 1 Section
5, and Phase 5 Section B-1 II have been reviewed previously by staff and by the
Town's on-call engineering service to verify that certain public improvements were
completed if indicated by the developer, which have reduced the original amounts of
the Agreements and associated letters of credit.
The developer's current request, and provided engineered estimates, attached hereto
within Resolution R19-056, for the remaining incomplete public improvements, is to
further reduce the existing Agreements and letters of credit. The incomplete
improvements for Phase 2 Section 2 and Phase 1 Section 5 have been reviewed by
staff. Phase 5 Section B-1 II has been reviewed by SEPI Engineering, acting as the
Town's on-call engineering service. All of the submitted estimates have been deemed
sufficient to complete the uninstalled public improvements. The amounts provided
Page 140 of 294
for each phase and section are listed below and equal 1.25 times the actual estimated
cost of improvements as required by the ordinance.
Reduction New
Phase & Exhibit/Map Original Current
Request Estimated
Section of Area Amount Amount
Amount Amount
Phase 2
Exhibit A $2,609,533.75 $15,712.50 $5,887.50 $9,825.00
Section 2
Phase 1
Exhibit B $815,563.75 $23,925.00 $13,162.50 $10,762.50
Section 5
Phase 5
Section Exhibit C $1,491,238.75 $157,282.45 $69,702.45 $87,580.00
B-1 II

OR PLANS:
FINANCIAL: The remaining improvements in Brunswick Forest Phase 2 Section 2, Phase 1 Section
5, and Phase 5 Section B-1 II will continue to be guaranteed, upon Town Council's
approval, with three new letters of credit to the Town in the amounts of $9,825.00,
$10,762.50, and $87,580.00 which are 1.25 times the estimated cost of the
improvements.

Exhibit A
BRUNSWICK FOREST
PHASE 2 SECTION 2
LOCATED IN THE TOWN OF LELAND
BRUNSWICK COUNTY, NORTH CAROLINA
DATE: APRIL 2013
Commercial
C-2
HANOVER DESIGN SERVICES, P.A.

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OWNER / DEVELOPER:
Funston Land & Timber, LLC
1007 Evangeline Drive
Leland, NC 28451
910-383-1425
GENERAL NOTES:
TRC NOTES (MAY 7, 2013 MEETING) 5-20-13
PRELIMINARY PLAN 2
Michael 5-J.21La-1wr3ence NOT FOR RECORDATION OR CONVEYANCE 6
Page 141 of 294

Page 142 of 294
Page 4 of 18
Exhibit B
Exhibit C
Page 147 of 294
Resolution R19-056
Introduced By: Andrew Neylon
Date: June 20, 2019
Resolution Authorizing the Reductions of Three Improvement Guarantee Agreements

and Associated Letters of Credit for the Completion of Certain Public Improvements in
Certain Sections Within Brunswick Forest PUD.
2. Cash bond(s)
3. Irrevocable letter of credit; and
WHEREAS, pursuant to Section 50-109 in the Town Code of Ordinances, Funston Land &
Timber, LLC previously executed three Improvement Guarantee Agreements dated July 18,
2013, August 25, 2016, and July 20, 2017 and posted letters of credit in the amounts of
$2,609,533.75, $815,563.75, and $1,491,238.75 (the "Bonds") to guarantee the completion of
certain public improvements within Brunswick Forest Phase 2 Section 2, Phase 1 Section 5, and
Phase 5 Section B-1, II Lots 66-119, respectively (the "Subdivisions"); and
WHEREAS, Town Council previously authorized the reductions and extensions of the
Improvement Guarantee Agreements after completion of certain installed public improvements
for the Subdivisions, thereby reducing the outstanding letter of credit amounts to $15,712.50,
$23,925.00 and $157,282.42; and
WHEREAS, the Town of Leland has reviewed the estimated quantities and estimated costs for
areas Brunswick Forest Phase 2 Section 2 and Phase 1 Section 5, hereby attached as Exhibit A
and Exhibit B, and found the estimates to be reasonable and sufficient to complete the
construction of the remaining public improvements; and
WHEREAS, SEPI Engineering, serving as the Town's on call engineering service, has reviewed the
estimated quantities and estimated costs for Phase 5 Section B-1, II Lots 66-119, hereby

Page 148 of 294
attached as Exhibit C and found the estimates to be reasonable and sufficient to complete the
construction of the remaining public improvements; and
WHEREAS, to guarantee completion of the improvements, the Developer will provide three
new letters of credit to the Town in the amounts of $9,825.00, $10,762.50, and $87,580.00,
which are 1.25 times the estimated cost of the improvements.
That the Leland Town Council approves the reductions of the Improvement Guarantee
Agreements and new associated letters of credit for Brunswick Forest Phase 2 Section 2, Phase
1 Section 5, and Phase 5 Section B-1, II Lots 66-119.

Page 149 of 294
Exhibit A
Page 150 of 294
Page 151 of 294
Page 152 of 294
Exhibit B
Page 153 of 294
Page 154 of 294
Page 155 of 294
Exhibit C
Page 156 of 294
50-109
Page 157 of 294

TITLE: Resolution R19-059 to Approve a New Improvement Guarantee Agreement With

Pinnacle Property Investments, Inc for the Guarantee of Installation of Public
Improvements in Certain Sections Within Phase 1 of The Pinnacle at Mallory Creek
Plantation
PURPOSE: To approve a request by Pinnacle Property Investments, Inc to enter into a new
Improvement Guarantee Agreement to guarantee the installation of certain public
infrastructure improvements within Phase 1 of The Pinnacle at Mallory Creek
Plantation.
BACKGROUND: Mallory Creek Plantation PUD Subdivision is located off of NC 133, River Road. The
Pinnacle a subdivision with Mallory Creek Plantation is located off of the Mallory
Creek-Brunswick Forest Connector road. This is the first request from Pinnacle
Property Investments, Inc for an Improvement Guarantee Agreement with the Town
of Leland.
one, or a combination of, a surety performance bond, a cash bond or an irrevocable
the improvements.
The Developer is requesting a new Improvement Guarantee Agreement with the

Town. Planning Staff has reviewed the estimated quantities and estimated cost of the
public infrastructure improvements to be included in the Improvement Guarantee
Agreement, as shown in Exhibit A of the Resolution, and found them to be reasonable
and sufficient. The map of the area to be bonded is shown as Exhibit B.

OR PLANS:
FINANCIAL: The estimated cost of the public improvements for Phase 1 of The Pinnacle, Mallory
Creek Plantation PUD Subdivision Lots 1 thru 17, 68 thru 83 and Lots 199 thru 203 and
Phase 1 of The Pinnacle, Mallory Creek Plantation PUD Subdivision Lots 84 thru 98
and Lots 184 thru 19 is $97,050.00. To guarantee completion of the improvements,
the Developer will provide a cash bond to the Town in the amount of $121,312.50

Page 158 of 294
which is 1.25 times the estimated cost of the improvements.

Page 159 of 294
Resolution R19-059
Introduced By: Andrew Neylon
Date: June 20, 2019
Resolution to Approve an Improvement Guarantee Agreement with Pinnacle Property

Investments, Inc to Guarantee the Installation of Certain Public Infrastructure
Improvements for Phase 1 of The Pinnacle at Mallory Creek Plantation PUD
Subdivision
WHEREAS, once said agreement is signed by both parties and the security required herein is
provided, the Town Subdivision Administrator may approve the final plat, if all other
requirements of Section 50-109 are met; and
2. Cash bond(s)
3. Irrevocable letter of credit
WHEREAS, Pinnacle Property Investments, Inc ("Developer") will execute an Improvement

Guarantee Agreement ("Agreement"), attached hereto and incorporated herein by reference,
to guarantee the completion of public improvements with the final plats associated with Phase
1 of The Pinnacle, Mallory Creek Plantation PUD Subdivision Lots 1 thru 17, 68 thru 83 and Lots
199 thru 203 and Phase 1 of The Pinnacle, Mallory Creek Plantation PUD Subdivision Lots 84
thru 98 and Lots 184 thru 198; and
WHEREAS, to guarantee completion of the improvements, the Developer will provide a cash
bond to the Town in the amount of $121,312.50 which is 1.25 times the estimated cost of the
improvements; and
WHEREAS, Town staff has reviewed the estimated quantities and estimated costs and found
them to be reasonable and sufficient to complete the construction of the public improvements.

Page 160 of 294
That the Leland Town Council approves the new Improvement Guarantee Agreement with
Pinnacle Property Investments, Inc and the new associated cash bond for Phase 1 of The
Pinnacle, Mallory Creek Plantation PUD Subdivision Lots 1 thru 17, 68 thru 83 and Lots 199 thru
203 and Phase 1 of The Pinnacle, Mallory Creek Plantation PUD Subdivision Lots 84 thru 98 and
Lots 184 thru 198.

Page 161 of 294
SUBDIVISION/LAND DEVELOPMENT
Improvement Guarantee Agreement
102 Town Hall Dr., Leland, NC 28451 Planning and Building Inspections
This Agreement made this 20th day of June 2019, by and between Pinnacle Property Investments,
Inc ("Developer") and the TOWN OF LELAND, NORTH CAROLINA, a municipal corporation located in Brunswick
County, North Carolina ("Town").
WHEREAS, the Developer wishes to secure approval of a final plat (the "Final Plat") of a proposed
subdivision located in the Town known as Phase 1 of The Pinnacle, Mallory Creek Plantation PUD Subdivision Lots
1 thru 17, 68 thru 83 and Lots 199 thru 203 and Phase 1 of The Pinnacle, Mallory Creek Plantation PUD Subdivision
Lots 84 thru 98 and Lots 184 thru 198. (the "Subdivision"); and
WHEREAS, under the provisions of the Code of Ordinances of Town, Developer is required to
complete installation of certain infrastructure and other required improvements prior to recording of the Final
Plat; and
WHEREAS, the ordinances of the Town of Leland provide in Section 50-109 that a developer may
post a surety performance bond, cash, letter of credit or the equivalent as security for the developer's promise to
install the required improvements (the "Security") and upon receipt of the Security in form satisfactory to the
Town, the Final Plat of the affected subdivision may be recorded; and
WHEREAS, Town desires to approve the Final Plat for the subdivision described herein and in lieu
of requiring completion of all improvements prior to said approval, will accept from the Developer a cash bond to
guarantee completion of the improvements described hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
1. The recitals set forth hereinabove are incorporated herein and made part of this Agreement.
2. The Developer is desirous of installing
(i) the improvements as shown on the Final Plat,
(ii) the improvements as shown on any other plans and specifications submitted to the Town
by Developer in connection with the work to be carried out as reflected on the Final Plat,

Page 162 of 294
(iii) the improvements as required by the Town Subdivision Ordinances and other applicable
ordinances, and
(iv) the improvements as set forth in the engineer's report prepared by Phillip Gregory Tripp,
P.E. attached hereto labeled Exhibit "A" (said improvements described herein referred to collectively as the
"Improvements").
3. The engineer's report attached as Exhibit "A" contains an estimate prepared by such
engineer showing a cost of $97,050.00 to complete the Improvements. The cost as reflected in Exhibit "A" includes
administration, inspection and all required engineering fees.
4. Developer will provide Town a cash deposit in the amount of $121,312.50 which amount
is 1.25 times the estimated cost of installation of the Improvements.
5. The Security given by the Developer shall comply with all applicable Town ordinances and
shall remain in place for one year from the date of this agreement.
6. The Developer must complete the Improvements within one year from the date of this
Agreement.
7. The Developer may request partial release of the Security upon presentation to the Town
of a certification reflecting work actually performed and materials actually installed toward completion of the
Improvements. The decision to release any part of the Security prior to completion of all Improvements shall be
made exclusively by the Town and in its sole discretion. Final release of the Security shall be made in accordance
with Paragraph 5 above.
8. Any cash funds deposited as Security with the Town by the Developer may be placed in
an interest bearing account and all interest earned on such account shall be and remain the property of Town.
9. If all Improvements are not completed within one year from the date of this Agreement,
the Developer may request an extension of the time within which to complete such Improvements. An extension
may be granted by the Town in its sole discretion. If an extension is granted, then the Security given by the
Developer for completion of the Improvements shall remain in full force and effect during the extension.
10. In the event Developer fails to complete installation of the Improvements, the Town shall
have the option (but not the obligation), in its sole discretion, of utilizing the Security for completion of the
Improvements.
11. In the event the Developer fails to complete installation of the Improvements, the Town
shall be authorized to (a) withhold any permits for further construction of any improvements of any kind within
the Subdivision, and (b) withhold the issuance of any zoning permits for any existing or new construction within
the Subdivision.

Page 163 of 294
IN WITNESS WHEREOF, the parties have executed this document the day and year first above
written.
DEVELOPER:
Signature: _______________________________________
Brian Kaiser,
Managing Partner
Pinnacle Property Investments, Inc
TOWN OF LELAND
Signature: ______________________________________
Town of Leland
(SEAL)
ATTEST:
Signature: ______________________________________
Town of Leland

Page 164 of 294
Exhibit A
Pinnacle Bond Estimate

Phase 1
May 25, 2019
Sovereign Way
• Sidewalks – (155 Sq Yds at $30.00 per yd) $4,650
• Street Signs - (2 at $150.00 each) $300
• ADA Warning Mats - (2 at $300 each) $600
Paramount Point
• Sidewalks - (500 Sq Yds at $30.00 per yd) $15,000

• Street Signs - (2 at $150 each) $300
• ADA Warning Mats - (4 at $300 each) $1,200
Pinnacle Point

• Street Signs - (1 at $150 each) $150
• ADA Warning Mats - (2 at $300 each) $600
Southern Magnolia Drive

Multi-use Path - (1100 Sq Yds at $31.50 per yd) $34,650
Contingency – (25%) $24,262.50
TOTAL $121,312.50
Exhibit B
Page 166 of 294
Page 10 of 11
Page 167 of 294
Page 11 of 11
Page 168 of 294
Page 169 of 294

Prepared By: Gary Vidmar
TITLE: Resolution R19-057 of the Leland Town Council Setting the Date for the Referendum
Vote on the Question of Annexation of the Proposed Annexation Area in Accordance
with N.C.G.S. §160A-58.55 and N.C.G.S. §160A-58.64
PURPOSE: To adopt Resolution R19-057 setting November 5, 2019 as the date for the
referendum vote and so notifying the Brunswick County Board of Elections in
connection with the proposed Town-initiated annexation of (1) portions of Lanvale
Forest Phase 1, Sections 1, 2, and 3; (2) portions of Lanvale Forest Phase 2, Sections 1,
2, 3, 4, 5, 6, and 7; and (3) several parcels lying to the north of Lanvale Forest Phase 2,
Section 1, such Phase 2, Section 1 being shown on that map recorded in Map Cabinet
36 at Page 445, Brunswick County Registry.
BACKGROUND: On November 30, 2017, Council adopted a Resolution of Consideration, pursuant to

N.C.G.S. § 160A-58.55, identifying the area under consideration for a Town-initiated
annexation.
On December 20, 2018, a Resolution of Intent was adopted by Council for the
purpose of continuing the annexation process pursuant to N.C.G.S. § 160A-58.55.
On January 2, 2019, a combined notice of public informational meeting, public

hearing, and opportunity for water and sewer service ("Combined Notice") was sent
by first class mail to the property owners of real property located within the area to
be annexed as shown by the Brunswick County tax records. The person mailing the
combined notice, the Town Clerk, subsequently certified the mailing to Council and
said certification became part of the public record of the annexation proceedings, and
is, by statute, deemed conclusive in the absence of fraud.
On January 4, 2019, pursuant to N.C.G.S. § 160A-58.53, Council approved a Report

Setting Forth Such Plans to Provide Services to the Area Proposed to be Annexed
("Services Report").
On January 22, 2019 and January 29, 2019, the Combined Notice was published in the
Star News pursuant to N.C.G.S. § 160A-58.55(d)(2).
On February 7, 2019, a Public Informational Meeting was held pursuant to N.C.G.S. §

160A-58.55(g).
On May 2, 2019, a Public Hearing was held pursuant to N.C.G.S. § 160A-58.55(g).
SUMMARY: Pursuant to N.C.G.S. § 160A-58.64, after the adoption of the Resolution of Intent, the
Page 170 of 294
municipality shall place the question of annexation on the ballot. Pursuant to N.C.G.S.
§ 160A-58.55 and N.C.G.S. § 160A-58.64, the municipal governing board shall adopt a
resolution setting the date for the referendum and so notify the appropriate county
board or boards of elections.
N.C.G.S. § 160A-58.55 outlines the additional steps the Town must take following the
adoption of a resolution setting the date of the referendum:
1. If a simple majority (51%) of the votes cast on the referendum are for
annexation, Council may proceed with the adoption of the annexation ordinance
under N.C.G.S. 160A-58.55.
2. Election results are certified by the Board of Elections.
3. At least 10 days after the certification of the election, Council votes on the
annexation ordinance.
4. Pursuant to N.C.G.S. 160A-58.60, within 60 days after the adoption of the

annexation ordinance, any property owner of real property located within the
area described in the annexation ordinance who believes that the property
owner will suffer material injury by reason of the failure of the Town Council to
comply with the procedure or to meet the requirements set forth in the general
statutes as they apply to the annexation, may file a petition in the Superior Court
of Brunswick County seeking review of the action of the Town Council.
5. Pursuant to N.C.G.S. 160A-58.55(h)(5), the proposed annexation, if successful,

would take effect on June 30, 2020.
6. Pursuant to N.C.G.S. 160A-58.55(j), from and after the effective date of the
annexation ordinance, the annexed territory and its citizens and property shall
be subject to all debts, laws, ordinances, and regulations in force in the Town of
Leland, except for vested rights that may be adopted with the annexation
ordinance, and shall be entitled to the same privileges and benefits as other
parts of the Town.
SUPPORT OF STUDIES The 2020 Master Plan recommends that the Town increase the diversity of housing
OR PLANS: choices in the community with particular emphasis on affordable housing that is
within close proximity of retail and commercial businesses. The housing in the
proposed annexation area is aligned with this recommendation.
The area within the CAMA Sector Map shown in the Master Plan includes areas
outside of the Town's present boundary that could be considered for annexation. The
proposed annexation area is shown on the Sector Map as a Controlled Growth Sector.
FINANCIAL: Property annexed into the Town will expand the Town's tax base and provide revenue
from ad valorem property tax and sales tax that will help pay for services provided by
the Town to its citizens throughout the Town. The Town does not anticipate the need
to add staff as a result of the proposed annexation. The Town currently provides
police and fire protection to the proposed annexation area and will continue to

Page 171 of 294
provide these services at no additional cost. Future street maintenance services will
be provided by the Town with additional street maintenance expenditures funded by
the Town's operational budget.
On May 2, 2019, Council approved an amended agreement (“Agreement”) with the

Lanvale Forest developer, who was the owner of the streets in Lanvale Forest Phases
1 and 2 at the time the Agreement was adopted (“Developer”), whereby, contingent
on the success of the proposed annexation and the Developer conveying the annexed
streets to the Town, the Town will repair the annexed streets to the extent required
in order to bring such streets to existing standards for public streets within the Town.
The Agreement states further that, within six months of the recording of the warranty
deed that conveys the streets to the Town, the Town will begin repairs and
improvements to the streets conveyed to the Town by the Developer.
ALTERNATIVES: Council may adopt Resolution R19-057 or turn it down.
RECOMMENDATION: Staff recommends that Council adopt Resolution R19--057.

Page 172 of 294
Resolution R19-057
Introduced By: Gary Vidmar
Date: June 20, 2019
Resolution of the Leland Town Council Setting the Date for the Referendum Vote on
the Question of Annexation of the Proposed Annexation Area in Accordance with
N.C.G.S. §160A-58.55 and N.C.G.S. §160A-58.64
WHEREAS, the Town of Leland, NC (the “Town”) desires to proceed with the annexation of the
proposed annexation area under the provisions of Part 7 of Article 4A of Chapter 160A of the
North Carolina General Statutes; and
WHEREAS, the proposed annexation area is generally described as the aggregate of:
Lanvale Forest Subdivision Phase 1, Sections 1, 2 and 3;

Lanvale Forest Subdivision Phase 2, Sections 1 – 7; and
several parcels lying to the north of Lanvale Forest Phase 2, Section 1
as shown on that map recorded in Map Cabinet 36 on Page 445 in
the Brunswick County Registry.; and
WHEREAS, a legible map depicting the proposed annexation area is attached hereto as Exhibit
A and a metes and bounds description of the proposed annexation area is attached hereto as
Exhibit B; and
WHEREAS, in accordance with N.C.G.S. §160A-58.55, the Town has previously passed a
Resolution of Intent to proceed with the annexation of the property located within the
proposed annexation area; and
WHEREAS, on December 20, 2018 the Town passed a Resolution of Intent (Resolution R-18-
4890 setting the date for the referendum vote on the question of annexation for the property
located within the proposed annexation area; and
WHEREAS, Town Staff has previously notified the Brunswick County Board of Elections of the
Town’s passage of the aforementioned Resolution of Intent; and
WHEREAS, Town Staff has previously notified the Brunswick County Board of Elections of the
Town’s passage of the aforementioned Resolution of Intent; and

Page 173 of 294
WHEREAS, this Resolution is being adopted for the purpose of continuing the annexation
process in accordance with N.C.G.S. §160A-58.55 and §160A-58.64.
Therefore, Be It Resolved That:
Section 1. Town Council hereby reaffirms that a referendum on the question of

annexation of the property is set for and will be held on November 5, 2019 (“the
Referendum”).
Section 2. Town Council hereby acknowledges the Town’s statutory obligation to

reimburse the Brunswick County Board of Elections for the costs of the Referendum and
shall provide said reimbursement as required by law.
Section 3. Town Council hereby directs the Town Manager or his designee to provide the
Brunswick County Board of Elections with a certified copy of the Resolution of Intent
(Resolution R18-489) passed by the Town Council along with a copy of Exhibits A and B
attached hereto.
Section 4. Town Council hereby further directs the Town Manager or his designee to
provide the Brunswick County Board of Elections with any additional legible maps and a
additional written descriptions of the proposed annexation area needed to comply with
the provisions of N.C.G.S. §160A-58.64.
Be It Further Resolved That:
Pursuant to N.C.G.S. §160A-58.64(e), the ballots used in a referendum shall submit the
following proposition:
[ ] FOR [ ] AGAINST
The annexation of (clear description of the proposed annexation area).

Page 174 of 294
Town of Leland, NC
Annexation Proposal
Exhibit A : Existing and
Proposed Municipal Boundaries
Legend
Existing Municipal Boundaries
Proposed Annexation Area
Parcels
0 250 500 1,000

Feet
Map Creation Date: December 28, 2018
Leland Department of Economic and Community Development
±
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri
China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS
Page 6User Community
of 13 Page 3 of 10
Page 175 of 294
EXHIBIT B
Atlantic Coast Survey, PLLC

Professional Land Surveyors PO Box 12588
(910) 292-4889 Wilmington, NC 28405
PROPERTY DESCRIPTION OF AN AREA TO BE ANNEXED BY THE TOWN OF LELAND, MADE FROM EXISTING
TRACTS OF LAND IN BRUNSWICK COUNTY, NORTH CAROLINA.
COMMENCING AT AN EXISTING IRON PIPE IN THE EASTERN LINE OF THE LANVALE FOREST HOMEOWNERS
ASSOCIATION TRACT, MAP CABINET 32, PAGE 144, DEED BOOK 3819, PAGE 1103 AND THE WESTERN LINE
OF LOT 235, LANVALE TRACE, SECTION 4, MAP CABINET 23, PAGE 426.
THENCE WITH SAID LINE, AND THE LINE OF LANVALE TRACE, SECTION 2, NORTH 03°16’18” EAST, 665.13
FEET TO AN EXISTING AXLE IN THE SOUTHERN LINE OF LOT 39, LANVALE FOREST, PHASE 1, SECTION 1, MAP
CABINET 39, PAGE 92, THE TRUE POINT OF BEGINNING. (POB);
THENCE WITH THE SOUTHERN LINES OF LOTS 39, 40 AND 41, NORTH 31°08’48” WEST, 48.38 FEET TO A
POINT,
THENCE NORTH 73°44’56” WEST, 65.27 FEET TO A POINT,
THENCE NORTH 86°01’51” WEST, 68.17 FEET TO POINT, THE SOUTHEASTERN CORNER OF LOT 42, LANVALE
FOREST, PHASE 1, SECTION 1, MAP CABINET 39, PAGE 92,
THENCE WITH THE SOUTHERN LINE OF LOTS 42, 43, 44, 45 AND 46, NORTH 70°01’56” WEST, 65.02 FEET
TO A POINT,
THENCE SOUTH 63°01’40” WEST, 74.32 FEET TO A POINT,
THENCE SOUTH 48°02’49” WEST, 54.93 FEET TO A POINT, THE EASTERNMOST CORNER OF LOT 47,
LANVALE FOREST, PHASE 1, SECTION 3, MAP CABINET 89, PAGE 9,
THENCE WITH THE LINE OF SAID MAP, SOUTH 50°52’46” WEST, 54.26 FEET TO A POINT,
THENCE SOUTH 50°46’04” WEST, 60.96 FEET TO A POINT, THE EASTERNMOST CORNER OF LOT 50,
THENCE WITH THE LINE OF SAID MAP, SOUTH 47°24’42” WEST, 58.65 FEET TO A POINT, THE
EASTERNMOST CORNER OF THE OPEN SPACE DEDICATION TRACT, MAP CABINET 103, PAGE 43,
THENCE WITH THE EASTERN LINE OF SAID TRACT, SOUTH 42°20’37” WEST, 76.19 FEET TO A POINT,
Page 176 of 294
EXHIBIT B

(910) 292-4889 Wilmington, NC 28405
THENCE SOUTH 36°23’21” EAST, 42.59 FEET TO A POINT, THE NORTHEASTERN CORNER OF LOT 51,
THENCE SOUTH 20°25’29” EAST, 59.91 FEET TO A POINT, THE NORTHERNMOST CORNER OF LOT 52,
THENCE WITH THE EASTERN LINES OF LOTS 52, 53 AND 54, SOUTH 11°43’15” EAST, 55.78 FEET TO A POINT,
THENCE SOUTH 32°47’16” EAST, 55.79 FEET TO A POINT,
THENCE SOUTH 41°09’30” WEST, 106.69 FEET TO A POINT IN THE EASTERN RIGHT-OF-WAY OF LANVALE
ROAD,
THENCE WITH SAID RIGHT-OF-WAY, A CURVE TO THE RIGHT, WITH A RADIUS OF 350.12 FEET, A DELTA
ANGLE OF 29°05’46”, AN ARC LENGTH OF 159.79 FEET, A CHORD BEARING OF NORTH 35°47’05” WEST, A
DISTANCE OF 158.41 FEET TO A POINT, THE SOUTHERNMOST CORNER OF LOT 52,
THENCE SOUTH 63°24’16” WEST, 50.04 FEET TO A POINT, THE LANVALE FOREST HOMEOWNERS
ASSOCIATION TRACT, MAP CABINET 44, PAGE 27,
THENCE WITH THE LINES OF SAID TRACT, SOUTH 50°42’14” WEST, 205.37 FEET TO A POINT,
THENCE NORTH 02°03’38” EAST, 18.94 FEET TO A POINT,
THENCE NORTH 37°50’07” EAST, 133.42 FEET TO A POINT, THE SOUTHWESTERNMOST CORNER OF LOT 101,
THENCE NORTH 30°55’38” EAST, 75.71 FEET TO A POINT,
THENCE SOUTH 89°55’29” EAST, 79.23 FEET TO A POINT IN THE WESTERN RIGHT-OF-WAY OF LANVALE
FOREST ROAD,
THENCE A CURVE TO THE RIGHT, WITH A RADIUS OF 400.00 FEET, A DELTA ANGLE OF 36°43’04”, AN ARC
LENGTH OF 256.34 FEET, A CHORD BEARING OF NORTH 18°05’11” EAST, 251.97 FEET TO A POINT IN THE
WESTERN LINE OF THE LANVALE FOREST HOMEOWNERS ASSOCIATION TRACT, MAP CABINET 32, PAGE
144, DEED BOOK 3819, PAGE 1103,
Page 177 of 294
EXHIBIT B

(910) 292-4889 Wilmington, NC 28405
THENCE NORTH 21°13’01” WEST, 52.37 FEET TO A POINT IN THE WESTERN LINE OF LOT 101, LANVALE
FOREST, PHASE 1, SECTION 3, MAP CABINET 89, PAGE 9,
THENCE WITH THE WESTERN LINE OF SAID LOT 101, NORTH 42°53’39” WEST, 22.35 FEET TO A POINT,
THENCE NORTH 03°34’27” EAST, 19.67 FEET TO A POINT IN THE EASTERN LINE OF THE M&M NC, LLC
TRACT, MAP CABINET 31, PAGE 541, DEED BOOK 3669, PAGE 865,
THENCE WITH THE EASTERN LINE OF SAID TRACT, NORTH 21°13’01” WEST, 30.52 FEET TO A POINT,
THENCE NORTH 15°20’14” EAST, 162.18 FEET TO A POINT IN THE SOUTHERN RIGHT-OF-WAY OF FENNEL
CREEK ROAD,
THENCE CROSSING SAID RIGHT-OF-WAY, A TIE LINE, NORTH 15°12’24” EAST, 50.05 FEET TO A POINT IN THE
NORTHERN RIGHT-OF-WAY OF FENNEL CREEK ROAD,
THENCE WITH THE EASTERN LINE OF THE M&M NC LLC TRACT, MAP CABINET 31, PAGE 541, DEED BOOK
3669, PAGE 865, NORTH 15°21’35” EAST, 419.88 FEET TO A POINT,
THENCE NORTH 32°08’52” EAST, 125.56 FEET TO A POINT IN THE SOUTHERN LINE OF THE LANVALE FOREST
HOMEOWNERS ASSOCIATION TRACT, MAP CABINET 36, PAGE 445, DEED BOOK 3819, PAGE 1103,
THENCE WITH SAID LINE, NORTH 48°02’11” WEST, 20.17 FEET TO A POINT, THE EASTERNMOST CORNER OF
LOT 202, LANVALE FOREST, PHASE 2, SECTION 2, MAP CABINET 50, PAGE 21,
THENCE WITH THE EASTERN LINE OF SAID MAP, SOUTH 41°57’49” WEST, 402.08 FEET TO A POINT,
THENCE SOUTH 26°16’19” WEST, 186.47 FEET TO A POINT IN THE NORTHERN RIGHT-OF-WAY OF FENNEL
CREEK ROAD,
THENCE WITH SAID RIGHT-OF-WAY, SOUTH 63°43’41” EAST, 12.72 FEET TO A POINT IN THE WESTERN LINE
OF THE LIFT STATION SITE, MAP CABINET 50, PAGE 21, DEED BOOK 3819, PAGE 1103,
THENCE WITH THE LINES OF THE LIFT STATION SITE, NORTH 26°34’44” EAST, 40.49 FEET TO A POINT,
THENCE SOUTH 26°38’20” WEST, 41.33 FEET TO A POINT IN THE NORTHERN RIGHT-OF-WAY LINE OF
FENNEL CREEK ROAD,
Page 178 of 294
EXHIBIT B

(910) 292-4889 Wilmington, NC 28405
THENCE WITH SAID LINE, A CURVE TO THE LEFT, WITH A RADIUS OF 205.00 FEET, A DELTA ANGLE OF
10°34’48”, AN ARC LENGTH OF 37.85 FEET, A CHORD BEARING OF SOUTH 72°07’26” EAST, 37.80 FEET TO A
POINT,
THENCE A TIE LINE, SOUTH 15°12’24” WEST, 50.05 FEET TO A POINT IN THE SOUTHERN RIGHT-OF-WAY
LINE OF FENNEL CREEK ROAD,
THENCE WITH SAID LINE, NORTH 77°24’50” WEST, 103.81 FEET TO A POINT,
THENCE A CURVE TO THE RIGHT, WITH A RADIUS OF 255.00 FEET, A DELTA ANGLE OF 13°41’09”, AN ARC
LENGTH OF 60.91 FEET, A CHORD BEARING OF NORTH 70°34’16” WEST, 60.77 FEET TO A POINT,
THENCE NORTH 63°43’41” WEST, 43.21 FEET TO A POINT, THE EASTERNMOST CORNER OF LOT 102,
THENCE WITH THE LINE OF SAID MAP, SOUTH 26°16’19” WEST, 508.30 FEET TO A POINT,
Page 179 of 294
EXHIBIT B

(910) 292-4889 Wilmington, NC 28405
THENCE NORTH 14°13’40” EAST, 45.77 FEET TO A POINT IN THE EASTERN LINE OF THE REO FUNDING
SOLUTIONS TRACT, DEED BOOK 3346, PAGE 251,
THENCE WITH THE LINE OF SAID TRACT, NORTH 26°15’22” EAST, 399.01 FEET TO A POINT,
THENCE NORTH 26°22’14” EAST, 401.04 FEET TO AN EXISTING IRON PIPE IN THE SOUTHERN LINE OF LOT
127, LANVALE FOREST, PHASE 2, SECTION 5, MAP CABINET 63, PAGE 89,
THENCE NORTH 59°31’46” WEST, 656.75 FEET TO A NEW REBAR (SET) IN THE EASTERN LINE OF THE
UNITED STATES GOVERNMENT PROPERTY, NO DEED REFERENCE WAS FOUND, THE WESTERNMOST
CORNER OF LOT 133, LANVALE FOREST, PHASE 2, SECTION 6, MAP CABINET 89, PAGE 10,
THENCE WITH SAID LINES, NORTH 62°12’07” EAST, 126.34 FEET TO AN EXISTING IRON PIPE,
THENCE NORTH 47°07’45” EAST, 494.15 FEET TO A NEW REBAR (SET) IN THE WESTERN LINE OF THE
LANVALE FOREST HOMEOWNERS ASSOCIATION TRACT, MAP CABINET 36, PAGE 445, DEED BOOK 3819,
PAGE 1103,
THENCE NORTH 32°03’53” EAST, 409.04 FEET TO AN EXISTING IRON PIPE, THE WESTERNMOST CORNER OF
THE WARREN RAY MOORE JR. PROPERTY, TRACT 2 OF THE COMMISIONERS DIVISION PORTION OF D.W.
HOLLIS LAND, MAP CABINET N, PAGE 171, DEED BOOK 3061, PAGE 47,
THENCE WITH THE WESTERN LINE OF SAID TRACT 2, NORTH 32°03’53” EAST, 81.61 FEET TO A NEW REBAR
(SET),
THENCE NORTH 17°03’54” EAST, 490.60 FEET TO AN EXISTING CONCRETE MONUMENT IN THE WESTERN
LINE OF THE TERRY L. LIESEKE SR, PROPERTY, TRACT A, SURVEY FOR NORMAN GAINEY, MAP CABINET 25,
PAGE 243, DEED BOOK 2595, PAGE 1324,
THENCE WITH THE WESTERN LINE OF SAID TRACT, NORTH 02°12’31” EAST, 230.23 FEET TO AN EXISTING
CONCRETE MONUMENT,
THENCE NORTH 10°42’37” WEST, 499.86 FEET TO AN EXISTING IRON PIPE IN THE WESTERN LINE OF THE
VELMA MAULTSBY PROPERTY, TRACT 1B, SURVEY FOR MARTHA E. LEE AND RICHARD S. LEE, MAP CABINET
20, PAGE 66, DEED BOOK 1177, PAGE 123,
THENCE NORTH 10°40’46” WEST, 208.91 FEET TO AN EXISTING IRON PIPE, THE SOUTHWESTERN CORNER
OF THE ALLEN THOMAS AND DELORES LYNCH (ET AL) TRACT, DEED BOOK 874, PAGE 442,
Page 180 of 294
EXHIBIT B

(910) 292-4889 Wilmington, NC 28405
THENCE WITH THE SOUTHERN LINE OF SAID TRACT, NORTH 88°12’37” EAST, 121.83 FEET TO AN EXISTING
IRON ROD, THE NORTHWESTERN CORNER OF THE MARTHA E. LEE PROPERTY, TRACT 1A, SURVEY FOR
MARTHA E. LEE AND RICHARD S. LEE, MAP BOOK 20, PAGE 66, DEED BOOK 1576, PAGE 1034,
THENCE NORTH 71°03’58” EAST, 190.59 FEET TO AN EXISTING IRON PIPE,
THENCE NORTH 10°58’12” WEST, 14.35 FEET TO AN EXISTING CONCRETE MONUMENT, THE
SOUTHWESTERN CORNER OF LOT 43, OLD FOREST ESTATES, MAP CABINET U, PAGE 125,
THENCE WITH THE LINES OF SAID MAP, NORTH 67°53’41” EAST, 499.78 FEET TO AN EXISTING IRON ROD,
THENCE SOUTH 63°45’43” EAST, 202.71 FEET TO A NEW REBAR (SET),
THENCE SOUTH 00°51’09” WEST, 361.75 FEET TO AN EXISTING STONE MONUMENT,
THENCE SOUTH 37°01’02” EAST, 318.37 FEET TO AN EXISTING IRON ROD,
THENCE SOUTH 09°17’03” EAST, 343.93 FEET TO AN EXISTING CONCRETE MONUMENT IN THE WESTERN
LINE OF LOT 29, OLD FOREST ESTATES, MAP CABINET U, PAGE 126,
THENCE WITH THE WESTERN LINE OF SAID MAP, SOUTH 09°28’01” EAST, 209.93 FEET TO AN EXISTING
IRON ROD,
THENCE SOUTH 09°14’33” EAST, 183.01 FEET TO AN EXISTING STONE MONUMENT,
THENCE SOUTH 53°52’20” WEST, 431.64 FEET TO AN EXISTING STONE MONUMENT,
THENCE SOUTH 02°17’05” WEST, 183.03 FEET TO AN EXISTING IRON PIPE,
THENCE SOUTH 02°07’16” WEST, 56.39 FEET TO AN EXISTING STONE MONUMENT, THE
NORTHWESTERNMOST CORNER OF LOT 75, LANVALE TRACE, SECTION 12, MAP CABINET 29, PAGE 62,
STONE MONUMENT, THE SOUTHWESTERN CORNER OF LOT 70,
Page 181 of 294
EXHIBIT B

(910) 292-4889 Wilmington, NC 28405
THENCE WITH THE SOUTHERN LINE OF SAID MAP, SOUTH 68°27’32” EAST, 587.78 FEET TO AN EXISTING
IRON PIPE, THE NORTHWESTERN CORNER OF LOT 6, LANVALE TRACE, SECTION 8 REVISED, MAP CABINET
26, PAGE 197,
IRON PIPE IN THE NORTHERN LINE OF LOT 250, LANVALE TRACE, SECTION 2 REVISED, MAP CABINET 22,
PAGE 496,
THENCE WITH THE LINE OF SAID MAP AND THE NORTHERN LINE OF LANVALE TRACE, SECTION 2, MAP
CABINET 22, PAGE 139, SOUTH 88°13’08” WEST, 589.57 FEET TO AN EXISTING AXLE, THE TRUE POINT OF
BEGINNING. (POB)
THE ABOVE DESCRIBED TRACT HAS A CALCULATED AREA OF 97.52 ACRES. ALL BEARINGS ARE REFERENCED
TO NORTH CAROLINA GRID NORTH, N.A.D. 1983, (2011). ALL DISTANCES ARE HORIZONTAL GROUND
DISTANCES. AS SHOWN ON A SURVEY BY ATLANTIC COAST SURVEY, PLLC IN OCTOBER, 2017.
Page 182 of 294
Page 183 of 294

Prepared By: Gary Vidmar
TITLE: Resolution R19-045 of the Town of Leland, North Carolina Directing the Town Clerk to
Investigate a Petition for Voluntary Annexation Received from Buster Development,
LLC under N.C.G.S. §160A-31 for a Contiguous Property Identified in the Brunswick
County Tax Records as Parcel Nos. 0460040, 04600041, 0460004601, 04600046,
0460003903, and 046LA061.
PURPOSE: To adopt Resolution R19-045 thereby directing the Town Clerk to investigate a
petition for annexation received from Buster Development, LLC ("Applicant") for an
approximately 28.97 acre property that is contiguous to the Town of Leland primary
boundary and that is identified in the Brunswick County Tax Records as Parcel Nos.
04600040, 04600041, 0460004601, 04600046, 0460003903 and 046LA061
("Annexation Parcel").
BACKGROUND: N.C.G.S. §160A-31 gives Town Council the authority to annex by ordinance any area
contiguous to the primary boundary of the Town of Leland upon presentation of a
petition signed by the owners of all the real property within such area.
SUMMARY: On June 6, 2019, the Applicant submitted an annexation petition and an annexation
and zoning application to voluntarily annex the Annexation Parcel. Upon receipt of
the petition, Council shall cause the Town Clerk to investigate the sufficiency of the
petition and to certify the result of the investigation. Upon receipt of the
certification, Council shall fix a date for a public hearing on the question of
annexation. A vicinity map showing the proposed annexation area is attached hereto
as Exhibit A.
SUPPORT OF STUDIES 2020 Master Plan

OR PLANS:
FINANCIAL: N/A
ALTERNATIVES: Council may choose to adopt or deny the resolution.
RECOMMENDATION: Staff recommends that Council adopt Resolution R19-045.

Page 184 of 294
Exhibit A
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Date: 6/11/2019
Page 185 of 294
Resolution R19-045
Introduced By: Gary Vidmar
Date: June 20, 2019
Resolution of the Town of Leland, North Carolina Directing the Town Clerk to
Investigate a Petition for Voluntary Annexation Received from Buster Development,
LLC under N.C.G.S. §160A-31 for a Contiguous Property Identified in the Brunswick
County Tax Records as Parcel Nos. 0460040, 04600041, 0460004601, 04600046,
0460003903, and 046LA061.
WHEREAS, a Petition dated June 6, 2019, requesting annexation of an approximately 28.97 acre
area contiguous to the Town of Leland primary boundary and described in said Petition, as
shown on the survey map attached hereto as Exhibit A, was submitted to the Town Clerk for
the Town of Leland, North Carolina on June 6, 2019; and
WHEREAS, N.C.G.S. §160A-31(c) provides that the sufficiency of the Petition shall be
investigated by the Town Clerk before further annexation proceedings may take place; and
WHEREAS, the Town Council of the Town of Leland, North Carolina deems it advisable to
proceed in response to this request for annexation.
Therefore, Be It Resolved: By the Town Council of the Town of Leland, North Carolina as
follows:
That the Town Clerk is hereby directed to investigate the sufficiency of the above-
described Petition and to certify as soon as possible, to the Town Council of the Town of
Leland , North Carolina, the result of the investigation.

Page 186 of 294
EXHIBIT A
Page 187 of 294
Budget Ordinance BO19-001

Introduced By: Carly Hagg
Date: June 20, 2019
Budget Ordinance Making Appropriations to the General Fund for the Fiscal Year
Beginning July 1, 2019
Be it Ordained:
SECTION I: That the following appropriations are hereby made to the General Fund and that the
following revenues are anticipated to be available during the fiscal year to meet these
appropriations.
APPROPRIATIONS
Governing Body 448,567.00
Administration 1,097,057.00
Information Technology 1,070,173.00
Human Resources 317,173.00
Finance 437,240.00
Parks & Recreation 413,377.00
Grounds & Maintenance 1,186,422.00
Public Services 2,881,368.00
Police 3,711,866.00
Fire 3,521,314.00
Planning 531,892.00
Economic & Community Development 164,734.00
Transfer to Cultural Arts Center 570,425.00
Transfer to Capital Projects 100,000.00
Debt Service 1,676,755.00
TOTAL APPROPRIATIONS 18,128,363.00
REVENUES
Property Taxes 6,493,102.00
Municipal Vehicle Tax 525,000.00
Sales and Use Tax 5,586,250.00
Franchise Tax 866,791.00
Beer and Wine Tax 80,000.00
Fire/ Remaining EMS Revenue 3,550,709.00
Zoning/Permit Fees 91,000.00
Interest Income 160,000.00
Budget Ordinance Page 1 of 2

Page 188 of 294
Allocation Revenue 456,393.00

Other Revenues 319,118.00
TOTAL REVENUES 18,128,363.00
SECTION II: That there is hereby levied a tax rate of 21.00 cents per $100.00 valuation of taxable
property as listed for taxes as of January 1, 2019, which is the same tax rate as the
current year.
SECTION III: That there is hereby levied a Municipal Vehicle Tax of $30.00 per Vehicle registered
within the Town.
SECTION IV: That the following appropriations are hereby made to the Building Inspections
department and that the following revenues are anticipated to be available during the
fiscal year to meet these appropriations.
APPROPRIATIONS
Building Inspections 980,251.00
REVENUES
Building Inspection Fees 980,251.00
SECTION V: That appropriations herein authorized shall have the amount of outstanding purchase
orders as of June 30, 2019 added to each appropriation as it appears in order to
account for the payment against the fiscal year in which it is paid.

Page 189 of 294

Date: June 20, 2019
Budget Ordinance Making Appropriations to the Powell Bill for the Fiscal Year
Be it Ordained:
SECTION I: That the following appropriations are hereby made to the Powell Bill and that the
following revenues are anticipated to be available during the fiscal year to meet these
appropriations.
APPROPRIATIONS
Powell Bill 612,000.00
TOTAL APPROPRIATIONS 612,000.00
REVENUES
Powell Bill Allocation 572,000.00
Interest Income 40,000.00
TOTAL REVENUES 612,000.00
SECTION II: That appropriations herein authorized shall have the amount of outstanding purchase
Adopted by Town Council on this 2oth day of June, 2019.

Page 190 of 294
Page 191 of 294

Date: June 20, 2019
Budget Ordinance Making Appropriations to the Public Utility Enterprise Fund for the
Fiscal Year Beginning July 1, 2019
Be it Ordained:
SECTION I: That the following appropriations are hereby made to the Public Utility Enterprise Fund
and that the following revenues are anticipated to be available during the fiscal year to
meet these appropriations.
APPROPRIATIONS
Utility Department 3,231,546.00
Transfer to Projects/Reserves 182,636.00
Transfer to SDF Reserves 3,310,000.00
TOTAL APPROPRIATIONS 6,724,182.00
REVENUES
Fees and Charges 6,724,182.00
TOTAL REVENUES 6,724,182.00

Page 192 of 294
Page 193 of 294

Date: June 20, 2019
Budget Ordinance Making Appropriations to the Cultural Arts Center Enterprise Fund
for the Fiscal Year Beginning July 1, 2019
Be it Ordained:
SECTION I: That the following appropriations are hereby made to the Cultural Arts Center
Enterprise Fund and that the following revenues are anticipated to be available during
the fiscal year to meet these appropriations.
APPROPRIATIONS
Arts Center 770,025.00
REVENUES
Fees and Charges 199,600.00
Transfer from General Fund 570,425.00

Page 194 of 294
Page 195 of 294

Date: June 20, 2019
Budget Ordinance Making Appropriations to the Leland Tourism Development

Authority for the Fiscal Year Beginning July 1, 2019
Be it Ordained:
SECTION I: That the following appropriations are hereby made to the Leland Tourism
Development Authority Fund and that the following revenues are anticipated to be
available during the fiscal year to meet these appropriations.
APPROPRIATIONS
Transfer to Tourism Development Authority 160,000.00
REVENUES
Room Occupancy Tax 160,000.00

Page 196 of 294
Page 197 of 294
Resolution R19-048
Date: June 20, 2019
Budget Officer Authorization Resolution for the Fiscal Year Beginning July 1, 2019
By the Town Council of the Town of Leland, North Carolina, that the Town Manager, acting as
Budget Officer, is hereby authorized to transfer appropriations as contained herein under the
following conditions:
1. The Budget Officer may transfer amounts between objects of expenditures within a
department without limitation. This transfer shall be recorded as an Intradepartmental
Budget Adjustment. All Intradepartmental Budget Adjustments over ten thousand
dollars ($10,000.00) shall be reported to the Town Council at the first regular meeting
after the Budget Adjustment has occurred. The Budget Officer may amend line items
within any departmental budget by adding or deleting items.
2. The Budget Officer may transfer amounts between departments within the same fund
without limitation. This transfer shall be recorded as an Interdepartmental Budget
Adjustment. All Interdepartmental Budget Adjustments over ten thousand dollars
($10,000.00) shall be reported to the Town Council at the first regular meeting after the
Budget Adjustment has occurred.
3. The Budget Officer may not transfer any amounts between funds, except as approved
by the Town Council by a Budget Ordinance Amendment.
4. A copy of the Budget Ordinance shall be furnished to the Clerk of the Governing Board,
the Budget Officer and the Finance Director for their direction in the disbursement of
funds.
Resolutions Page 1 of 1
Page 198 of 294
Page 199 of 294
Resolution R19-049
Date: June 20, 2019
Resolution Approving Financial Policies for the Fiscal Year Beginning July 1, 2019
INTENT/PURPOSE
To adopt the Investment and Portfolio Policy and Fund Balance Policy as the Town’s overall
financial policies for the Fiscal Year 2019-2020 operating budget. Approval of the resolution
establishes the financial policies as the official guide for budget development, management,
and investment of idle funds.
That the Town Council adopts the following financial policies for the Town of Leland, North
Carolina.
SECTION I: INVESTMENT AND PORTFOLIO POLICY
SCOPE
This investment policy applies to activities of the Town of Leland with regard to investing the
financial assets of all funds.
OBJECTIVES
Funds of the Town of Leland will be invested in accordance with North Carolina General
Statutes Chapter 159-30. The Town of Leland investment portfolio shall be managed in a
manner to attain a market rate of return throughout budgetary and economic cycles while
preserving and protecting capital in the overall portfolio. Investments shall be made based on
statutory constraints and subject to available staffing.
DELEGATION OF AUTHORITY
The Finance Director is designated as Investment Officer of the Town of Leland and is
responsible for investment decisions and activities. The Finance Director shall develop and
maintain written administrative procedures for the operation of the investment program,
consistent with these policies.
PRUDENCE
The standard prudence to be applied by the Finance Director shall be the "prudent investor"
rule, which states, "Investments shall be made with judgment and care, under circumstances
Page 200 of 294
then prevailing, which persons of prudence, discretion, and intelligence exercise in the
management of their own affairs, not for speculation, but for investment, considering the
probable safety of their capital as well as the probable income to be derived." The prudent
investor rule shall be applied in the context of managing the overall portfolio. The Finance
Director, acting in accordance with written procedures and exercising due diligence, shall not
be held personally responsible for a specific security's credit risk or market price changes,
provided that these deviations are reported immediately and that appropriate action is taken
to control these adverse developments.
MONITORING AND ADJUSTING THE PORTFOLIO

The Finance Director will routinely monitor the contents of the portfolio, the available markets,
and the relative values of competing instruments, and will adjust the portfolio accordingly.
INTERNAL CONTROLS
Controls shall be designated to prevent loss of public funds due to fraud, error, and
misrepresentation, unanticipated market changes, or imprudent actions. These controls shall
be reviewed annually by the independent auditor.
PORTFOLIO DIVERSIFICATION
The Town of Leland will diversify use of investment instruments to avoid incurring
unreasonable risks inherent in over investing in specific instruments, individual financial
institutions, or maturities.
Diversification by Instrument
• U.S. Treasury Obligations (Bills, notes, and bonds)
• U.S. Government Agency Securities (FNMA, FHLMC, FHLB, FCDNs, and bullet issues)
• Bankers' Acceptances (BAs)
• Commercial Paper (Paper)
• Certificates of Deposit non negotiable (CDs)
• Local Government Investment Pool (NCCMT)
Diversification by Financial Institution

• U.S. Treasury Obligations
No maximum of the total portfolio.
• U.S. Government Agency Securities
• Bankers' Acceptances (BAs)
No more than ten percent (10%) of the total portfolio with any one institution.
• Certificates of Deposit (CDs) - Commercial Banks
No more than ten percent (10%) of the total portfolio with any one institution.
• Local Government Investment Pool - State Pool
Page 201 of 294
MATURITY SCHEDULING
Investment maturities for operating funds shall be scheduled to coincide with projected cash
flow needs, taking into account large, routine expenditures (including payroll or debt
payments), as well as considering sizable blocks of anticipated revenue. Maturities in this
category shall be timed to comply with the following guidelines:
Under thirty (30) days - 10% minimum

Under ninety (90) days - 25% minimum
Under two hundred seventy (270) day - 50% minimum
Under one (1) year - 75% minimum
Under three (3) years - 100% minimum
QUALIFIED INSTITUTIONS
The Town of Leland shall maintain a listing of financial institutions, which are approved for
investment purposes. Banks shall provide their most recent Consolidated Report of Condition at
the request of the Town. At a minimum, the Town shall conduct an annual evaluation of each
bank's creditworthiness to determine whether it should be on the "Qualified Institution" listing.
Securities dealers not affiliated with a bank shall be required to be classified as reporting
dealers affiliated with the New York Federal Reserve Bank, as primary dealers.
SAFEKEEPING AND COLLATERALIZATION

All investment securities purchased by the Town of Leland shall be held in third-party
safekeeping by an institution designated as primary agent. The primary agent shall issue a
safekeeping receipt to the Town listing the specific instrument, rate, maturity, and other
pertinent information.
REPORTING REQUIREMENTS
The Finance Director shall generate monthly reports to the Town Manager for management
purposes. The Town Council is also provided monthly reports that include data on revenue,
expenditures, and investments, as well as any narrative for clarification.
SECTION II: FUND BALANCE POLICY
The Town Council formally establishes the goal of obtaining an available fund balance in the
General Fund in an amount of thirty-five percent (35%) of the General Fund budget at the end
of each fiscal year.
The Town Manager shall take this policy into account when developing the recommended
annual budget.
Page 202 of 294
The goal of the Town is to fund the yearly adopted capital improvement plan and may do so by
using any estimated surplus funds for the current year, unless directed by Town Council.
The independent auditor for the Town shall monitor compliance with this established Fund
Balance Policy. The auditor shall report related findings and recommendations annually, as a
part of the audit and financial report.
Page 203 of 294
Resolution R19-050
Date: June 20, 2019
Resolution Appointing the Tax Collector, Deputy Tax Collector, and Order of Collection
for the Fiscal Year Beginning July 1, 2019
INTENT/PURPOSE
1. That the Town Council appoints David A. Hollis as the Town of Leland’s Tax Collector.
This position will be bonded according to N.C.G.S. 105-349(c) and 159-29(c);
2. That the term of the Tax Collector will be for one year, expiring on June 30, 2020;
3. That the Town Council appoints Missy Rhodes as the Town of Leland’s Deputy Tax
Collector;
4. That the Town Council authorizes the Tax Collector an Order of Collection and;
5. That the Town Council designates Brunswick County, the contracted tax biller and
collector for the Town of Leland.
David A. Hollis and Brunswick County are hereby authorized, empowered, and commanded to
collect the taxes set forth in the records filed in the office of the Tax Collector and in the tax
receipts herewith delivered, in the amounts and from the taxpayers likewise therein set forth.
Such taxes are hereby declared to be the first lien upon all property of the respective taxpayers
in the Town of Leland, and this order shall be a full and sufficient authority to direct, require,
and enable you to levy on and sell any real or personal property of such taxpayers, for and on
account thereof, in accordance with the law. This tax appointment shall expire on June 30,
2020.
Page 204 of 294
Page 205 of 294
Resolution R19-051
Date: June 20, 2019
Resolution Approving the Infrastructure - Public Utility Enterprise Fund Capital

Improvement Plan Fiscal Year Beginning July 1, 2019
INTENT/PURPOSE:
To adopt the Infrastructure - Public Utility Enterprise Fund Capital Improvement Plan for the
Fiscal Year 2019-2020 operating budget.
Approval of the resolution establishes the Utility Enterprise Fund Plan as the official guide for
the Town’s Infrastructure - Public Utility Enterprise Fund Capital Improvement program. The
Plan gives the Town a schedule of projects which will be updated with the adoption of the
budget each year.
That the Town Council adopt Exhibit A as the Infrastructure - Public Utility Enterprise Fund
Capital Improvement Plan for FY2019-2020.
Page 206 of 294
Exhibit A
ESTIMATED $ AVAILABLE FY 19-20
PROJECT COST $ FUNDED BALANCE TRANSFERS FUNDING SOURCE
US 17 Corridor Force Main Upgrade <65-400-6000> 3,533,083 3,533,083 1,270,699 - UTILITY FUND/FINANCED
Lift Station #10 Upgrade <64-400-6000> 3,100,000 3,100,000 1,167,015 - UTILITY FUND/FINANCED
Lift Station #1 Upgrade <64-400-6001> 267,467 267,467 267,467 - UTILITY FUND
Booster Pump Project <64-400-6005> 500,000 490,679 3,606 - UTILITY FUND
Hewett Burton Road Lift Station <64-400-6002> 3,315,000 251,670 99,860 - SDF REVENUE
Old Town Creek Road Lift Station <64-400-6003> 4,266,000 236,575 100,000 - SDF REVENUE
Hazels Branch Road Lift Station <64-400-6004> 2,700,000 266,925 100,000 - SDF REVENUE
Highway 17 Force Main Upgrade/Lift Station #10 Upgrade

Purpose: To help serve the developing areas along the Highway 17 Corridor with sewer by
running 10” and 16” force mains, and to increase the available storage capacity for Lift Station
#10 to 3,830 cubic feet, thus providing an additional safety factor to the operational integrity of
the system, as well as the ability to better manage peak flows which are expected to result from
planned growth in the service area.
Status: Project is nearing completion. Lift station 10 has been certified and has been activated,
allowing only gravity sewer at this time.
Next Steps: Force main “tie ins” on Highway 17 will be completed this month. Engineers will
notify the State of sewer flow adjustments to LS #1, #3, and #10. Engineer as-built certification
of the force mains will follow. Close out the project.
Concerns: None.
Lift Station #1 Upgrade (1240 Magnolia Village Way)

Purpose: To reconstruct Lift Station #1 which has deteriorated due to significant sewage flow
within the collection system.
Status: Staff has had discussions with an engineer to initiate design; however, we are waiting on
the completion of sewer system modeling so the engineer can better define the scope of the
project.
Next Steps: Contract with an engineer to design the lift station.
Concerns: None.
Booster Pump
Purpose: To construct a booster pump for the Brunswick Forest water tower to allow the Town
to better control the level of water and pressure within the system.
Status: Contractor, Wells Brothers Construction, awaiting delivery of pumps.
Next Steps: Contractor to begin work before pump delivery.
Concerns: None.
Page 2 of 3
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Hewett Burton Road Lift Station (Highway 17 Sewer Expansion)

Purpose: Construct a lift station to help serve developing areas within Brunswick Forest and along
Highway 17 with sewer. Station will be designed to accept additional flow from other lift stations.
Status: Project is in design.
Next Steps: Complete project design.
Concerns: None.
Old Town Creek Road Lift Station (Highway 17 Sewer Expansion)

Purpose: To serve the developing areas within Brunswick Forest and along the Highway 17
Corridor with sewer. Station will be designed to accept gravity sewer flow from around the area.
Status: Project is in design.
Next Steps: Complete project design.
Concerns: None.
Hazels Branch Road Lift Station (Highway 17 Sewer Expansion)

Purpose: To help serve the developing areas along the Highway 17 Corridor with sewer. Station
will be designed to accept gravity sewer flow from around the area.
Status: Project is the start of the planning phase.
Next Steps: Analyze proposed location sites.
Concerns: None.
Page 3 of 3
Page 208 of 294
Page 209 of 294
Resolution R19-052
Date: June 20, 2019
Resolution Approving the Governmental Fund Capital Improvement Plan Fiscal Year
INTENT/PURPOSE:
To adopt the Capital Improvement Plan for Governmental Funds for the Fiscal Year 2019-2020
operating budget.
Approval of the resolution establishes the Plan as the official guide for the Town's Capital
Improvement programs for Governmental Funds. The Plan gives the Town a project schedule
which will be updated with the adoption of the budget each year.
That the Town Council adopts Exhibit A as the Capital Improvement Plan for Governmental
Funds for FY2019-2020.
Page 210 of 294
Exhibit A
ESTIMATED $ $ AVAILABLE FY 19-20

PROJECT FUNDING SOURCE
COST FUNDED BALANCE TRANSFERS
Sturgeon Creek Community Park Project <39-310-6020> 9,000,000 1,281,219 129,138 - GENERAL FUND
Leland Municipal Park Improvements <36-310-6030> 8,289,440 100,000 52,656 - GENERAL FUND
Leland Greenway Planning <29-310-6020> 100,000 100,000 30,001 - GENERAL FUND
Cypress Cove Park <15-310-6020 & 15-310-6000> 1,225,000 19,900 8,096 - GENERAL FUND
Property Acquisition - General <45-310-6030> 10,000,000 1,130,000 714,916 - GENERAL FUND
Fire Station 3,000,000 - - 100,000 TO BE FINANCED
Sturgeon Creek Park

Purpose: The currently undeveloped Sturgeon Creek Park is intended to serve as Leland’s
second water access park. With potentially more than 78 acres, this park has the potential to
become a destination facility both locally and regionally for sportsman and water lovers wishing
to gain access to Sturgeon Creek and the Brunswick River. Sitting on Sturgeon Creek, the focus
for this facility will be boating access from a NC Fish and Wildlife boat ramp as well as
environmental education, preservation, and nature based activities.
Status: The Town is in the process of securing the final key property on the banks of Sturgeon
Creek. Staff is in discussions with an engineering firm to provide schematic design for this site.
Next Steps: Engage an engineer to provide schematic design and park master planning. The
focus will then be to host community meetings and stakeholder meetings to gather more
feedback to form the park design.
Concerns: The recently adopted Parks Recreation and Open Spaces Master Plan identifies a
number of objectives related to Sturgeon Creek Park. The plan points out the urgency to move
forward with park projects, specifically calling out the need to complete a Park Master Plan for
Sturgeon Creek Park identified as a short term goal. Lack of funding is the largest concern
preventing the Town from moving forward with this project.
Leland Municipal Park

Purpose: Municipal Park serves as the flagship facility for a myriad of events and program
throughout the year. The current design of the park provides a place for walkers and runners to
remain physically active and the disc golf course is one of the most popular amenities in the
park. The playground also provides enjoyment for youth ages 5-12 years old.
Status: The Municipal Campus Master Plan was adopted in October of 2017. This plan includes
a schematic design broken down into five phases. In September of 2018, storm damage from
Hurricane Florence left the Recreation Building and the Magnolia House in disrepair. Town
Council made the decision to move forward with demolition of those two buildings, which will
occur in May 2019.
Next Steps: Engage an engineering firm to provide engineering design and bid costs for the
project.
Page 2 of 6
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Concerns: The recently adopted Parks Recreation and Open Spaces Master Plan identifies a
number of objectives related to Leland Municipal Park. The plan points out the urgency to
move forward with park projects specifically calling out phases one and two of the Municipal
Park Plan, both of which are identified as short term goals. Lack of funding is the largest
concern preventing the Town from moving forward with these projects.
Leland Greenway Planning

Purpose: To construct a multi-use path connecting Westgate Nature Park to Brunswick Nature
Park owned and operated by Brunswick County.
Status: In the planning stage. Staff has engaged Paramounte Engineering Inc. for this project.
Town staff along with staff from Brunswick County have been meeting with property owners to
gauge their interest in the multi-use path crossing their property.
Next Steps: Complete planning stage. Have engineer provide schematic design and greenway
master plan including construction estimates.
Concerns: Sections of greenway will cross private property and power line easements.
Agreements will be crucial to make the necessary connections. A lack of funding to move
forward once the greenway design is completed.
Cypress Cove Park

Purpose: To construct a direct access road into Cypress Cove Park from Village Road and to
make improvements to the park entrance and parking areas.
Status: In engineering design.
Next Steps: Complete engineering design. Explore potential land acquisition for storm water
improvements.
Concerns: Lack of funding once design is complete. Land acquisition may be necessary.
Property Acquisition – General

Purpose: The Town has funds set aside to purchase property for General Fund purposes.
Fire Station
Purpose: The Town plans to review future fire station plans
Status: In the data analysis phase.
Next Steps: Gather data and preform location analysis.
Concerns: The funding source.
Page 3 of 6
Page 212 of 294

PROJECT $ FUNDED FUNDING SOURCE
COST BALANCE TRANSFERS
Northgate/Lee Drive Realignment <47-420-6460> 4,150,841 4,150,841 416,917 - FINANCED
Old Fayetteville Rd MUP (TIP # U5534 D) <52-210-6020> 2,261,575 2,261,575 595,146 - GRANT/GF
Town Hall Pedestrian Loop (TIP # U 5534 J) <54-210-6000> 276,324 276,324 211,136 - GRANT/GF
Village Road MUP Extension (TIP # U 5534 I) <55-210-6000> 168,468 168,468 108,536 - GRANT/GF
Leland Middle School Sidewalk (TIP # 5534 K) <53-210-6000> 278,665 278,665 239,354 - GRANT/GF
Bury Village Road Utilities 4,500,000 - - - GENERAL FUND
Northgate Drive Realignment

Purpose: To realign Northgate Drive and Lee Drive to create a signalized intersection at Village
Road.
Status: Contractor has reviewed the final plans and will begin construction of the turn lane
along Village Road by the end of May.
Next Steps: Completion of the turn lane along Village Road expected by July. Entire project
completion expected by October.
Concerns: Project delays.
Old Fayetteville Road Multi-Use Path (STP-DA U-5534D)

Purpose: To develop an off-road multi-use path along the south side of Old Fayetteville Road
from Town Hall Drive to North Brunswick High School.
Status: An outside engineer has reviewed the current design plans for accuracy and
constructability and has made a number of recommendations for modifications to the plans.
Next Steps: Staff will coordinate the recommendations from engineer.
Concerns: High cost of construction, delays, and complications due to utility conflicts.
2014 STP-DA Projects U5534 (I,J,K)

Purpose: To construct a sidewalk along Old Fayetteville Road from Ricefield Branch to Leland
Middle School; a multi-use path extension along Village Road from the Brunswick County Senior
Center to Sturgeon Creek; and a sidewalk loop from Town Hall Drive down Village and Old
Fayetteville Roads.
Status: An outside engineer has reviewed the current design plans for accuracy and
constructability and has made a number of recommendations for modifications to the plans.
Next Steps: Staff will coordinate the recommendations from engineer.
Concerns: High cost of construction. Easements will need to be obtained from property owners.
Bury Village Road Utilities

Purpose: The Project encompasses the relocation of overhead primary power lines to
underground conduit routing along approximately 4,800 linear feet of roadway along
Village Road, Leland, North Carolina. The scope of work includes excavation and
emplacement of approximately 42,500 linear feet of underground conduit, demolishing
Page 4 of 6
Page 213 of 294
and replacing sidewalk along the distribution route, site cleanup and rehabilitation, and
extensive phasing and traffic control along a busy town thoroughfare. The potential
economic development benefits, along with the aesthetic and safety improvements that
would result from converting overhead electric and telecommunication lines to
underground, is supported by the Town of Leland 2020 Master Plan and the Flex code
zoning ordinance.
Status: On February 18, 2019, a preliminary conceptual cost estimate for the proposed project
that was prepared by MBP Engineers was presented to Council. Council subsequently
instructed staff to solicit an engineering design proposal from an on-call engineer to prepare
construction documents that would be required to bid the construction of the project. Staff is
waiting to receive this proposal from Davenport Engineering.
Next Steps: Staff will present Davenport’s engineering design proposal to Council and request
further direction. Staff will also research grants that may be available to help fund the project.
Concerns: The project will be very costly.

PROJECT COST $ FUNDED BALANCE TRANSFERS FUNDING SOURCE
Lindenwood and Glendale Property Purchase <47-420-6640>100,000 - - - GENERAL FUND
Baldwin Drive Improvements Design <47-420-6650> 100,000 - - - GENERAL FUND
Mallory Creek Drive Resurfacing/Patching <47-420-6393> 896,000 67,500 31,100 - GENERAL FUND
Cypress Cove Park Access <47-420-6360> 750,000 171,989 142,289 - GENERAL FUND
BF Parkway & Low Country Intersection <47-420-6290> 1,055,500 435,000 367,040 - GENERAL FUND
Lindenwood-Glendale Property Purchase

Purpose: Provide an ingress and egress from Lindenwood Drive and Glendale Drive that will
allow for emergency vehicles to access the rear of Magnolia Greens during times of severe
weather events or other circumstances when primary roads or entrances are inaccessible, to
facilitate connection with designated shelters at area schools and connection to emergency
operation facilities.
Status: Conceptual planning.
Next Steps: Acquire primary property for connection.
Concerns: Impact of emergency access on existing development.
Baldwin Drive Improvements

Purpose: The purpose of the project is to improve the section of Baldwin Drive from Lee Drive
to Navassa Road.
Status: Conceptual planning.
Next Steps: Engage engineer on scope of project and initial schematic design.
Concerns: None.
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Mallory Creek Drive Resurfacing/Patching

Purpose: To repair the street in 12 locations along Mallory Creek Drive. Work shall consist of full
depth asphalt replacement of all failed locations along the approximate first mile of Mallory
Creek Drive from River Road SE (Highway 133), storm water system modifications, asphalt
removal, subbase removal, testing, compaction, base replacement, asphalt replacement,
striping, curb and gutter replacement, adjusting water and sewer utility appurtenances to
match final grade, erosion control measures and stabilization of all denuded areas as illustrated
on the design, and a submitted and approved traffic control plan including installation.
Status: Bids were opened April 9, 2019 with a low bid of $895,715.75.
Next Steps: Await direction from Council on how to proceed. Contractor must be notified of
intent by August 7, 2019.
Concerns: High cost of the project.
Cypress Cove Park Improvements

Purpose: To construct a direct access road into Cypress Cove Park from Village Road and to
make improvements to the park entrance and parking areas.
Status: In engineering design.
Next Steps: Complete engineering design. Explore potential land acquisition for storm water
improvements.
Concerns: Lack of funding to move forward once park design is completed. Land acquisition will
potentially be necessary.
Brunswick Forest Parkway & Low Country Intersection

Purpose: To add a turn lane, an acceleration lane, and signalize the intersection of Brunswick
Forest Parkway and Low Country Boulevard. The scope includes, the addition of approximately
1,019 square yards of new asphalt pavement, demolition and removal of approximately 267
square yards of existing asphalt pavement, the installation of signals, mast arms, foundations,
and electronics, the installation of handicap ramps, signage, and a pedestrian sanctuary for
increased pedestrian access, the relocation of underground utilities, light poles, and fire
hydrants, as required, and the addition of approximately 1,700 linear feet of curb and gutter.
Status: Bids were opened May 1, 2019, with a low bid of $1,055,369.00.
Next Steps: Await direction from Council on how to proceed. Contractor must be notified of
intent by August 29, 2019.
Concerns: High cost of the project.
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Resolution R19-053
Date: June 20, 2019
Resolution Approving Appropriations for Economic Development Purposes in the

2019/2020 Budget for the Town of Leland in Accordance With N.C.G.S. §158-7.1
WHEREAS, the Town wishes to approve appropriations for economic development purposes
which are in the 2019-2020 budget for the Town of Leland and more specifically including the
following
$136,434.00 Salaries/Benefits
$ 10,000.00 Legal/Professional
$ 15,800.00 Advertising/Marketing
$ 1,750.00 Travel
$ 750.00 Other Operational Expenditures
$164,734.00 Total
THAT the Town Council of the Town of Leland, following a public hearing held on June 3, 2019
after ten days of a published noticed as required by N.C.G.S. §158-7.1, hereby approves the
appropriations set forth above for economic development purposes. These appropriations are
included in the 2019/2020 budget. The Town Council further determines that these
appropriations will increase the population, taxable property, employment, and business
prospects of the Town.
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MEMO RFA-19-0882

Prepared By: Carly Hagg
TITLE: Budget Amendment BA19-014 Appropriate $710,381.50 from the Public Utility
Enterprise Fund to the Public Utility Reserve Fund for Water and Wastewater System
Development Fee Revenue
PURPOSE: The requested budget amendment acknowledges the need to appropriate the
amount of system development fee revenue that exceeds the budgeted dollar
amount to the Public Utility Reserve Fund from the Public Utility Enterprise Fund.
BACKGROUND: The North Carolina General Assembly passed House Bill 436 in July 2017, amending
Chapter 162A of the General Statutes by adding “Article 8, System Development
Fees.” This amendment was enacted as “An Act to Provide for Uniform Authority to
Implement System Development Fees for Public Water and Sewer Systems in North
Carolina." This law requires that all system development fee proceeds be accounted
for in a Capital Reserve Fund.
SUMMARY: This Budget Amendment will record system development fee revenue in a capital
reserve fund until Staff requests a budget amendment to use the funds.

OR PLANS:
FINANCIAL: This budget amendment increases the balance of the Public Utility Enterprise Fund.
ALTERNATIVES: N/A
RECOMMENDATION: Staff recommends Council approve the appropriation of system development fee
revenues to the Public Utility Reserve Fund.

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Budget Amendment BA19-014

Date: June 20, 2019
Appropriate $710,381.50 from the Public Utility Enterprise Fund to the Public Utility
Reserve Fund for Water and Wastewater System Development Fee Revenue
INTENT/PURPOSE:
The requested Budget Amendment acknowledges the need to appropriate $710,381.50 from
the Public Utility Enterprise Fund to the Public Utility Reserve Fund for water and wastewater
system development fee revenue. In accordance with NCGS 162A, Art 8, municipalities are
required to record all water and wastewater system development fees in a Capital Reserve
Fund. This dollar amount is the difference between the estimated amount of System
Development Fee Revenue ($1,818,789.00) and Actual System Development Fee Revenue
earned ($2,529,170.50) as of June 19th, 2019.
BE IT ORDAINED by the Town Council of the Town of Leland, North Carolina that the following
amendment is made to the annual budget ordinance for the fiscal year ending June 30, 2019:
SECTION I:
To appropriate $710,381.50 from the Public Utility Enterprise Fund to the Utility Capital
Reserve Fund for Water and Wastewater System Development Fee Revenue. The
appropriations are to be changed as follows:
PUBLIC UTILITY ENTERPRISE FUND Increase Decrease

Revenue
61-500-3905 Sewer System Development Fee 698,344.50
61-520-3925 Water System Development Fee 1,061.00
61-530-3950 Irrigation System Development Fee 10,976.00
Expense
61-986-9817 Transfer to Public Utility Reserve Fund 710,381.50
PUBLIC UTILITY RESERVE FUND Increase Decrease

Revenue
62-500-3905 CRF Sewer System Development Fee 698,344.50
62-520-3925 CRF Water System Development Fee 12,037.00
Expense
Budget Amendment Page 2 of 3 Page 1 of 2

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62-399-9910 Transfer from Public Utility Enterprise Fund 710,381.50
SECTION II:
Copies of this budget amendment shall be furnished to the Clerk, to the Town Council, and to
the Budget Officer for their direction.
Budget Amendment Page 3 of 3 Page 2 of 2

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STAFF REPORTS
June 2019 Regular Meeting
Administration …………………………………………………………2
Finance ………………………………………………………………..10
Human Resources …………………………………………………...14
Information Technology……………………………………………....18
Public Safety (Police and Fire/Rescue) …………………………….19
Operation Services ……………………………………………………28
Planning and Inspections …………………………………………….31
Economic and Community Development …………………………..38
Public Services (Streets and Utilities) ……………………………....41
Administration
Department News
Ms. Rhodes and Mr. Brooks attended the NCLM CityVision 2019 Annual Conference along with Mayor Bozeman and
Councilmembers Corriston and Callahan on May 14 – May 17, 2019 in Hickory, NC.
Ms. Sims, Deputy Clerk, attended a continuing education course, “Exit Row Ethics – Continuing Legal Education Course,”
provided by the NC State Bar, as a legal requirement toward her Paralegal Recertification.
Ms. Rhodes, Mr. Brooks, and Mr. Hollis are working on preparing a Town-wide 10 Year Strategic Plan. They are currently
meeting with individual department leadership staff to get feedback and ideas on how each department is operating today,
both the positives and areas for improvement, what they foresee needing within the next five to ten years, and how the
Town can serve them better in order to succeed.
Council Directive Updates

 Tree Ordinance – Planning staff is currently working on updating the existing ordinance and it will be brought back
to Council later this summer.
 Pedestrian Accidents – Police staff identified the following accidents involving motor vehicles and pedestrians:
o 2014 – Three accidents with no fatalities and one personal injury.
o 2015 – Two accidents with no fatalities and two personal injuries.
o 2016 – One accident with no fatalities and one personal injury.
o 2017 – Four accidents with one fatality and two personal injuries.
o 2018 – Two accidents with no fatalities and one personal injury.
o 2019 – One accident with no fatalities and one personal injury.
Communications
Social Media Update
 Facebook Highlights (May 13 – June 1, 2019):
o Page Views – Increased by another 8% over last month
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o Followers – Increased by 41%
o Page Previews (number of times people hover over page name or profile photo to see a preview of
content) – Increased by 69%
o Engagement (likes, shares, comments, etc.) – Increased by another 7% over last month
o Video views (at least 3 seconds of viewing) – Increased by 2,371%
 Video content has been consolidated on the Town YouTube channel to diversify content (i.e. include more than
recordings of meetings) and audience. Content was previously on Vimeo, which is no longer being used.
 Next steps:
o Update Facebook page layout for better interaction and engagement
o Focus on Twitter
o Continue compiling Town-related photos for use in social media posts
Website/Newsletter
 Reviewing website images, content, and links for optimization
 Developing a plan for minor website user-friendly additions and improvements with Mr. York and Mr. Long
 Enhancing and reorganizing the Town newsletter by testing send times and days for optimal engagement
Press Releases
 No Property Tax Increase Among Highlights of 2019-20 Budget
 Ongoing Drought Conditions Prompt Leland Burn Ban
 Leland Issues Voluntary Water Conservation Alert
 FEMA Approves $1.6 Million for Leland Debris Removal
 Belville Offers “Belville-Wins-Even-Though-It-Lost” Deal
 What You Need to Know About the Leland EMS Transfer
 Leland Tourism Development Authority Announces New Grant Program
 Town of Leland, Sanitary District to Work Together on Potential Compromise
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 Leland Fights to Avoid Belville’s Delays
 Leland Proposes to Build RO Plant, Restore H2GO as Part of Cooperative Plan
 Brunswick County Plans to Expand EMS Services into Leland
TDA Marketing
 The grant program application was made available on the TDA website.
Projects
Public Services
Northgate Drive Realignment
 Purpose: To realign Northgate Drive and Lee Drive to create a signalized intersection at Village Road.
 Status: Contractor resumed work on the turn lane along Village Road on June 3.
 Next Steps: Completion of the turn lane along Village Road expected by July. Entire project completion
expected by November.
 Concerns: Project delays.
Mallory Creek Drive Patching

 Purpose: To repair the street in 12 locations along Mallory Creek Drive. Work shall consist of full depth
asphalt replacement of all failed locations along the approximate first mile of Mallory Creek Drive from River
Road SE (Highway 133), stormwater system modifications, asphalt removal, subbase removal, testing,
compaction, base replacement, asphalt replacement, striping, curb and gutter replacement, adjusting water
and sewer utility appurtenances to match final grade, erosion control measures and stabilization of all
denuded areas as illustrated on the design, and a submitted and approved traffic control plan including
installation.
 Status: Bids were opened April 9, 2019 with a low bid of $895,715.75.
 Next Steps: Staff to present Council a recommendation regarding the project at the June agenda meeting.
Contractor must be notified of intent by August 7, 2019.
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 Concerns: High cost of the project.
Brunswick Forest Intersection Improvement

 Purpose: To add a turn lane, an acceleration lane, and signalize the intersection of Brunswick Forest
Parkway and Low Country Boulevard. The scope includes, the addition of approximately 1,019 square yards
of new asphalt pavement, demolition and removal of approximately 267 square yards of existing asphalt
pavement, the installation of signals, mast arms, foundations, and electronics, the installation of handicap
ramps, signage, and a pedestrian sanctuary for increased pedestrian access, the relocation of underground
utilities, light poles, and fire hydrants, as required, and the addition of approximately 1,700 linear feet of curb
and gutter.
 Status: Bids were opened May 1, 2019, with a low bid of $1,055,369.00.
 Next Steps: Staff to present Council a recommendation regarding the project at the June agenda meeting.
Contractor must be notified of intent by August 29, 2019.
 Concerns: High cost of the project.
Booster Pump
 Purpose: To construct a booster pump for the Brunswick Forest water tower, in the vicinity of the existing
meter vault, in order to allow the Town to better control the level of water within the tower and pressure
within the system.
 Status: Contractor, Wells Brothers Construction, is awaiting delivery of pumps which are scheduled to arrive
mid-August. In the meantime, contractor is locating utilities and cleaning the site.
 Next Steps: Continue prepping site for pump installation in August.
 Concerns: None.
Highway 17 Forcemain/Lift Station #10 Upgrade

 Purpose: To help serve the developing areas along the Highway 17 Corridor with sewer by running 10” and
16” force mains, and to increase the available storage capacity for Lift Station #10 to 3,830 cubic feet, thus
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providing an additional safety factor to the operational integrity of the system, as well as the ability to better
manage peak flows which are expected to result from planned growth in the service area.
 Status: Project is nearing completion. Lift station 10 has been certified and has been activated, allowing only
gravity sewer at this time. The engineer has completed a “Partial Certification” on the force main.
 Next Steps: Force main “tie ins” on Highway 17 will be completed this month. Engineers will notify the State
of sewer flow adjustments to LS #1, #3, and #10. Engineer as-built certification of the force mains will follow.
Close out the project.
 Concerns: None.
Lift Station #1 Upgrade (1240 Magnolia Village Way)

 Purpose: To reconstruct Lift Station #1 which has deteriorated due to significant sewage flow within the
collection system.
 Status: Staff has had discussions with an engineer to initiate design, however, we are waiting on the
completion of sewer system modeling so the engineer can better define the scope of the project.
 Next Steps: Contract with an engineer to design the lift station.
 Concerns: None.
Lift Station #14 Relocation (159 South Navassa Road)

 Purpose: To relocate Lift Station #14 further away from Sturgeon Creek to mitigate environmental concerns
and to provide additional space for the future Sturgeon Creek Park.
 Status: SEPI Engineering is reviewing a site along S. Navassa Road for the relocation of the lift station.
 Next Steps: Finalize the lift station site location and acquire property, if necessary.
 Concerns: Project is funded by a low interest loan. Need to finalize the lift station site in order to move the
project forward. Land acquisition may be necessary.
Lift Station #3 Rehab (8991 Timber Lane)

 Purpose: To refurbish Lift Station #3 which has deteriorated due to significant sewage flow within the
collection system.
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 Status: In the planning phase. Brunswick County has completed their force main installation which connects
to Lift Station #3.
 Next Steps: Engineer to provide rehabilitation specifications for the lift station after the new force main has
been certified and activated for Highway 17.
 Concerns: Potential cost of rehab.
Hewett Burton Lift Station (Highway 17 Sewer Expansion)

 Purpose: Construct a sewer lift station to help serve the developing areas within Brunswick Forest and along
the Highway 17 Corridor with sewer. Station will be designed to accept additional flow from other lift stations
by forcemain.
 Status: Project is in design.
 Next Steps: Complete project design.
 Concerns: None.
Old Town Creek Lift Station (Highway 17 Sewer Expansion)

 Purpose: To help serve the developing areas within Brunswick Forest and along the Highway 17 Corridor
with sewer. Station will be designed to accept gravity sewer flow from around the area and also additional
flow from other lift stations by forcemain.
 Status: Project is in design.
 Next Steps: Complete project design.
 Concerns: None.
Old Fayetteville Road Multi-Use Path (STP-DA U-5534D)

 Purpose: To develop an off-road multi-use path along the south side of Old Fayetteville Road from Town
Hall Drive to North Brunswick High School.
 Status: An outside engineer has reviewed the current design plans for accuracy and constructability and has
made a number of recommendations for modifications to the plans. These recommendations have been
provided to the original engineer to be addressed.
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 Next Steps: Engineer to address comments.
 Concerns: High cost of construction, delays, and complications due to utility conflicts.
2014 STP-DA Projects U5534 (I,J,K)

 Purpose: To construct a sidewalk along Old Fayetteville Road from Ricefield Branch to Leland Middle
School; a multi-use path extension along Village Road from the Brunswick County Senior Center to
Sturgeon Creek; and a sidewalk loop from Town Hall Drive down Village and Old Fayetteville Roads.
 Status: An outside engineer has reviewed the current design plans for accuracy and constructability and has
made a number of recommendations for modifications to the plans. These recommendations have been
provided to the original engineer to be addressed.
 Next Steps: Engineer to address comments.
 Concerns: High cost of construction. Easements will need to be obtained from property owners.
Operation Services
Sturgeon Creek Park (Navassa Road)
 Purpose: The currently undeveloped Sturgeon Creek Park is intended to serve as Leland’s second water
access park. With more than 78 acres, this park has the potential to become a destination facility both locally
and regionally for sportsman and water lovers wishing to gain access to Sturgeon Creek and the Brunswick
River. Sitting on Sturgeon Creek, the focus for this facility will be boating access from a NC Fish and Wildlife
boat ramp as well as environmental education, preservation, and nature based activities.
 Status: The Town is in the process of securing the final key property on the banks of Sturgeon Creek. Staff
has engaged an engineering firm to provide schematic design for this site. Staff has also reopened
discussions with NC Wildlife regarding a potential state boat ramp.
 Next Steps: Meet with engineer to kick off schematic design and park master planning. The focus will then
be to host community meetings and stakeholder meetings to gather more feedback to form the park design.
 Concerns: None.
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Leland Municipal Park
 Purpose: Municipal Park serves as the flagship facility for a myriad of events and program throughout the
year. The current design of the park provides a place for walkers and runners to remain physically active
and the disc golf course is one of the most popular amenities in the park. The playground also provides
enjoyment for youth ages 5-12 years old.
 Status: The Recreation Building, Magnolia House, and Perry Avenue properties were demolished and
removed in late May. Staff has engaged an engineering firm to begin an investigation of stormwater
permitting and future stormwater needs for the site based on the Municipal Park Master Plan. The results
will help inform future engineering design work for the project.
 Next Steps: Complete stormwater investigation.
 Concerns: The recently adopted Parks Recreation and Open Spaces Master Plan identifies a number of
objectives related to Leland Municipal Park. The plan points out the urgency to move forward with park
projects specifically calling out phases one and two of the Municipal Park Plan, both of which are identified
as short term goals. Lack of funding is the largest concern preventing the Town from moving forward with
these projects at this time.
Cypress Cove Park Improvements

 Purpose: To construct a direct access road into Cypress Cove Park from Village Road and to make
improvements to the park entrance and parking areas.
 Status: In engineering design.
 Next Steps: Complete engineering design. Explore potential land acquisition for stormwater improvements.
 Concerns: Lack of funding to move forward once park design is completed. Land acquisition will potentially
be necessary.
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Finance
Department News
Finance staff is preparing for year end and finalizing the fiscal year 2019-2020 budget. Mrs. Friedman celebrated her
one-year anniversary with the Town.
Audit Committee Meeting Summary

The Audit Committee did not meet in May.
Dashboard
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Finance
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Finance
Financial Budget to Actual Report – April 30, 2019

REVENUE
Original Budget Current Budget Period Activity Fiscal Activity Encumbrances Variance Percent Remaining
General Fund 15,593,014.00 18,893,477.38 1,927,739.49 15,210,869.64 (3,682,607.74) 19.49%
Building Inspections 978,897.00 979,397.00 45,376.12 669,238.39 (310,158.61) 31.67%
Utility Fund 4,743,129.00 5,202,393.73 471,909.10 4,767,744.06 (434,649.67) 8.35%
Cultural Arts Center 687,862.00 715,023.43 17,639.58 207,330.83 (507,692.60) 71.00%
Report Total 22,002,902.00 25,790,291.54 2,462,664.29 20,855,182.92 - (4,935,108.62) 19.14%
GENERAL FUND EXPENDITURES

Governing Body 524,763.14 824,763.14 227,023.64 736,636.86 5,564.14 82,562.14 10.01%
Administration 978,886.09 3,236,613.17 211,768.38 3,033,125.28 20,793.04 182,694.85 5.64%
Information Technology 873,638.69 1,042,790.69 58,498.32 780,005.83 38,776.99 224,007.87 21.48%
Human Resources 279,286.70 279,286.70 20,313.26 184,021.50 7,420.42 87,844.78 31.45%
Finance 337,626.72 337,626.72 20,285.60 261,815.14 1,976.61 73,834.97 21.87%
Building Inspections 978,897.00 979,397.00 52,572.05 412,694.25 139,327.81 427,374.94 43.64%
Planning 546,832.46 549,832.46 40,590.33 350,028.57 2,192.22 197,611.67 35.94%
Parks & Recreation 347,960.65 347,960.65 28,205.12 245,537.45 19,264.49 83,158.71 23.90%
Grounds & Facilities 962,451.08 1,135,672.01 75,866.44 848,639.50 129,982.54 157,049.97 13.83%
Public Services 1,481,327.83 1,537,345.83 105,296.60 1,105,493.83 167,605.74 264,246.26 17.19%
Police 3,104,396.26 3,145,195.45 247,627.67 2,249,576.70 69,740.09 825,878.66 26.26%
Fire/EMS 3,824,108.94 3,840,778.84 249,087.59 2,782,548.06 56,761.53 1,001,469.25 26.07%
Debt Services 1,621,323.44 1,621,323.44 - 1,456,015.63 - 165,307.81 10.20%
Transfers 710,412.00 994,288.27 - 435,240.97 - 559,047.30 56.23%
General Fund 16,571,911.00 19,872,874.37 1,337,135.00 14,881,379.57 659,405.62 4,332,089.18 21.80%
UTILITY ENTERPRISE EXPENSES

Utility Fund 4,743,129.00 5,202,393.73 366,834.04 3,686,662.16 328,640.03 1,187,091.54 22.82%
CULTURAL ARTS CENTER ENTERPRISE EXPENSES

Cultural Arts Center 687,862.00 715,023.43 51,847.07 452,515.91 27,602.60 234,904.92 32.85%
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Intradepartmental and Interdepartmental Budget Transfers – April, 2019

The following intradepartmental and/or interdepartmental budget adjustments are required within each specified budget
line item. These will not change the budget ordinance as the budget total remains the same, only the specified line items
within the departmental budgets will change. Any transfers over $10,000.00 must be reported to Council at the first
scheduled regular meeting after the adjustments have been made. Staff believes it is best practice to report all transfers
regardless of amount.
From Account To Account

Department/Fund Description Description Amount Notes
Number Number
Public Services 10-410-4610 Street Light Electricity 10-410-4240 Professional Contract/Fees 40,000.00 To Cover Street Assessment
Police 10-500-4000 Salaries/Wages 10-500-4160 Uniforms 3,500.00 To Cover Additional Uniform expense
Police 10-500-4000 Salaries/Wages 10-500-4690 Operational Supplies 3,500.00 To Cover Additional Supplies
Police 10-500-4000 Salaries/Wages 10-500-4650 Office Supplies 750.00 To Cover Additional Office Supplies
Fire/Rescue 10-520-4000 Salaries/Wages 10-520-4510 Vehicle Maintenance 45,000.00 To Cover Unscheduled Maintenance
Grant News
Recently Applied for Grants:
 BVP 2019 Funding – 13 vests ($500 each – 50% TOL match)

 AED Grant – (1) AED. No Match required
 AARP Community Challenge Grant – ADA concrete picnic access for Cypress Cove Park (No Match)
 Golden Leaf Community Foundation Grant – New Roof and Generator (Permanently Installed) for LCAC: No Match
Grants Not Awarded:
 Spirit of the Blue – Speed Trailer - $15,000.00

 Brunswick County Community College Foundation Grant – ADA Pottery Wheel
 VWS Diversity & Inclusion Initiative – Initiative for Education, Retention, and Recruitment
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Human Resources
Department News
Annual and probationary performance appraisals and quarterly coaching sessions are currently being completed. Human
Resources staff attended the Public Employment Law Update in Chapel Hill at the UNC School of Government as well as
the NC State Health Plan Health Benefit Representative (HBR) training at Cape Fear Community College.
Personnel Updates
Type of Date of
Name of Employee Department Position Title From Position To Position
Change Change
Imran Rahman Police Separation 5/2/2019 Police Corporal
Valerie Blanton Police New Hire 5/6/2019 Evidence Custodian (PT)
Autumn Skoog Planning / Inspections New Hire 5/15/2019 Intern
Miles Barefoot Planning / Inspections New Hire 5/15/2019 Intern
Breanna Davis Police New Hire 5/15/2019 Intern
Kirsty Thayer Fire / Rescue Reclassification 5/18/2019 N/A Firefighter / Paramedic (FT) Sr. Fire / Rescue Specialist (PT)
David Watkins Public Services Separation 5/24/2019 Utilities Maintenance Worker
Gary Rohauer Police Separation 5/28/2019 Police Officer
Tyrone Watson Operation Services New Hire 5/28/2019 Camp Counselor (Seasonal)
Ashley Rhinehardt Operation Services New Hire 5/28/2019 Recreation Specialist (PT)
Michelle Mansmann Fire / Rescue Reclassification 5/29/2019 N/A Paramedic (FT) Paramedic (PT)
Workers Comp Data

Number of Incidents Loss Time (Y or N) Brief description of Incident and/or Injury/Illness
1 Y Hand injury
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Dashboard
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Vacancies
Department Position Employment Type Phase/Status
Public Services Public Services Director Full-Time Offer Accepted
Public Services Utilities Maintenance Worker Full-Time Scheduling/Conducting Interview
Police Police Officer Full-Time Scheduling/Conducting Interview
Planning & Inspections Fire Inspector Full-Time Scheduling/Conducting Interview
Planning & Inspections Code Enforcement Officer Full-Time Scheduling/Conducting Interview
Operation Services Camp Counselor Part-Time Offer Accepted
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Information Technology
Department News
Ms. Reinhardt and Mr. York attended the 2019 North Carolina Local Government Information Systems Association
(NCLGISA) Conference in Wilmington on May 22 through May 24, 2019. At the conference, they obtained information on
cyber security that will be researched and implemented in the Town’s information technology services by providing
additional education and best practices to staff. In addition, they will look at new tools that can assist staff and the
community with improved communication.
Staff will begin identifying and assisting each department in utilizing the Office 365 Program to its fullest capacity.
Major Work Priorities

 Staff is continuing to create a request for proposal and research vendors to provide a bid for the Virtual Office Desk
service contract.
 EOC (Administration) Communication Radios: Staff is in the process of organizing a second meeting with the
Motorola vendor to discuss the proposal in more detail. The proposal received will be submitted to potentially
obtain a grant to pay for the equipment.
 VOIP Phone System Policy: Staff continues to look into the phone system capabilities to establish a standardized
policy for recorded messages during emergency events.
 Setting up the Device Enrollment Program (DEP) for easy deployment and configuration of Apple devices.
Projects Completed
 Categorized videos by meeting type on the Town’s YouTube Channel.
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Public Safety
Public Safety Committee Meeting Summary

The Public Safety Committee met on May 21, 2019 and discussed the following items:
 Lt. Bert Reaves of the Brunswick County Sheriff’s Office prepared a presentation of the Project Lifesaver program.
 A discussion was had regarding possible safety concerns for the Cape Fear Crossing Routes.
 A discussion, which also included Brunswick County EMS staff, was had regarding the transfer of the Town’s EMS
service to Brunswick County.
 Staff discussed updates to the Public Safety budgets, mostly due to the transfer of EMS services to Brunswick
County.
 A discussion regarding the use of social media for communicating information by Public Safety staff.
 A discussion regarding members of the Public Safety Committee holding meetings with citizens to gather
information to bring back to the Committee at their regular meetings.
 A discussion regarding the speeding occurring on Brunswick Forest Parkway and Low Country Boulevard, at which
point an additional speed sign was requested to be placed near the water tower area. An update on the
intersection project was also provided by staff.
The next meeting will be held on July 9, 2019 at 3 PM in Town Hall.
Police Updates
Department News
The Leland Police Department hosted a Buried Remains Course where staff from the Detective Division along with
Detectives from other agencies learned about body decomposition, how to identify unmarked burial sites, and the
proper procedure of how to recover the remains located. This course required a year of planning, and livestock
used for the course was donated by Smithfield Foods from one of the farms near our area.
Officer Carter completed the Field Training Officer training course taught at the North Carolina Justice Academy.
Administrative Staff Roman, Humphries, Shirley, and Irvin attended NIBRS training at the Carolina Beach Police
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Public Safety
Department. Administrative Staff Irvin, Roman, Porter, and Humphries attended Records Management training at
Carolina Beach Police Department, both were taught by PRI Management Group. Officers Guy, Williams, and
Roberts completed Crisis Intervention training, which was taught at the Wilmington Police Department.
Dashboard
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Public Safety
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Public Safety
Leland Police: Traffic Crashes

80 70
64 65 66
62
58 55 55 57
60 53 54 51
49 49
40
20
-
Mar-18 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 Apr-19
Traffic Crashes
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Public Safety
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Public Safety
Fire/Rescue Updates
Department News
During the month, the Brunswick County Commissioners voted to not renew the annual Ambulance Franchise
Agreement. As a result, the Town’s EMS services will be transferred to the County. The existing EMS division
employees will be offered employment with the County to continue the high level of service the Town has grown to
receive. The transfer of services will become effective July 1, 2019.
Dashboard
*July – December 2016 EMS turnout and response time data is unavailable. FY 2017 data only includes January – June 2017.
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Public Safety
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Operation Services
Department News
Staff is working with our on call engineers for various projects including Town Hall Stormwater Master Plan Investigation,
updates to Municipal Campus Master Plan, updated construction estimates for phase one of the Municipal Park Master
Plan, schematic design for Sturgeon Creek Park, and schematic design with cost estimates for Cypress Cove Park. Staff
recently submitted for a grant through AARP for site improvements at Cypress Cove Park and Westgate Nature Park to
make the picnic tables ADA compliant. Staff is reviewing options for a work order management software to be
implemented in the new budget year. This software will be used town wide and will allow for better data collection on
routine maintenance, repairs, and projects.
Parks and Recreation Board Summary

The May Parks and Recreation Board meeting included the following topics:
 Board Vacancies – The Parks Board was notified John Carter, Jack Wilson, and Brandon Eaton, have resigned
their positions. They were further updated that Town Council will be reviewing applications at their June Regular
Council meeting.
 NC Christmas Festival and Parade – Staff discussed the 2018 NC Christmas Festival and Parade with the Board,
identifying the successes and challenges associated with the event. The Parks Board approved a recommendation
to Council to not partner with the Unity Group of North Brunswick for 2019 and the Town host its own parade and
tree lighting events to be held on separate dates for 2019.
 PROS Plan Recommended Prioritization – Staff provided a quarterly update to the Board about the PROS plan
recommendations and how they are working to prioritize and track those items.
Grounds/Facilities Updates
Work Priorities
 Replace filters at Town Hall
 Install upgraded Kiln Vent kits at the LCAC
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Operation Services
 Touch up paint at LCAC and Town Hall

 Install sound proofing material in PD interview room
 HVAC upgrades at the Village Road Fire Station
Projects Completed
 Repaired playground and parking lot lights in Municipal Park
 Repaired water fountain at Westgate Nature Park
 Completed Spring audit of Town-owned irrigation systems
 Completed preventative maintenance on HVAC systems at all Town buildings (excluding Town Hall)
 Completed demolition and cleanup of Municipal Park buildings, 114 Perry Avenue, and the 142 Baldwin
property
 Repaired roof on recreation maintenance shed
 Installed a three-tub sink at the LCAC
 HVAC Thermostat upgrade at the LCAC
 Completed power washing in front of Town Hall
 New gutters installed on the front entrance of Town Hall
 Completed hurricane repairs inside LCAC
 Set up new furniture for inspection offices
 Repaired leak in shower at Westport fire station
Major Purchases
The Town purchased and received five new Dodge Durango vehicles. Four will be used for Building Inspections
and one for Administration as a motor pool vehicle.
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Operation Services
Event/Program Attendance Reports
Upcoming Events/Programs
 Artist Reception - Town Hall – Art League of Leland - 6/20/19
 Uncultured Comedy - LCAC - 6/21/19
 Artist Reception - LCAC - Susan Carmack - 7/11/19
 Artist Reception - Town Hall - Zac Duff - 7/18/19
 Concert - LCAC – On the Border Band – 7/19/19
LCAC Updates
The LCAC hosted its first consecutive day rental. This event was a Bridge Tournament with approximately 250 people in
attendance. The Friends of the Leland Cultural Arts Center donated a commercial grade sink that was installed in the
hand building and stained glass studio. The Youth Arts Day event was the largest Youth Arts Day event hosted thus far
with more than 300 people in attendance.
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Planning and Inspections
Department News
On May 30, 2019, staff co-hosted an open house for builders, contractors, and other members of the development
community in concert with the Wilmington-Cape Fear Homebuilders Association. This was the second open house this
year, with the first being held in February at which staff heard a variety of concerns about permitting and inspections
issues. Staff committed to improving the processes and providing enhanced service delivery, and heard positive
feedback at the May open house. Staff intends to hold these events quarterly.
Staff is working to fill two vacancies in the department: Code Enforcement Officer and Fire Inspector. Interviews are being
conducted for both vacancies.
Progress continues on an online GIS map portal that will be able to host a variety of interactive public-facing maps,
including a map showing current development activity in Leland, zoning maps, flood zone maps, and much more.
VC3 and Tyler Technologies are working together on the implementation of the customer self-service (CSS) portal for
EnerGov, the Town’s permitting and inspections software. Currently, they are working on diagnosing the technical back-
end requirements including server settings and requirements. The CSS portal is anticipated to go live in Fall 2019 and will
provide a tremendous benefit for customers and citizens as the portal will provide online services including permit
applications, inspections scheduling, inspections results, and payments.
Planning Board Meeting Summary

The Planning Board met on May 28, 2019 and had four action items:
1. Text Amendment Discussion – The Planning Board provided feedback on staff-proposed language to amend the
ordinance to update language regarding sidewalk requirements, ADA accessibility, and the approval process for
site specific plans.
2. Text Amendment Discussion – The Planning Board provided feedback on staff-proposed language to amend the
ordinance to add regulations for food trucks operating on private property.
3. Brunswick Forest Master Land Use Plan Update and Site Specific Plan for Phase 9 Section 1 “Creek Side” – 128
single family residential lots.
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4. Brunswick Forest Master Land Use Plan Update and Site Specific Plan for an addition to Phase 3 Section 3 “Cape
Fear National” – 90 single family residential lots.
The Planning Board’s next meeting is on June 25, 2019 at 6 PM.
Board of Adjustment Meeting Summary

The Board of Adjustment did not meet in May due to no items of business.
Transportation Oversight Committee Meeting Summary

The Transportation Oversight Committee did not have a meeting scheduled in May. The next meeting is June 6, 2019 at
1:30 PM.
Current Planning Update

TRC Report
The Technical Review Committee (TRC) met on May 21, 2019 and discussed two items:
1. Hawthorne Waterside Phase 1 – 276 multifamily units

2. Brunswick Forest Phase 9 Section 4B – 82 single family residential lots
Due to lack of items, the TRC will not meet in June and their next meeting date is July 16, 2019 at 1:30 PM.
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Plan and Plat Reviews
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Other Information
Improvement Guarantees
Number of Total per
Subdivision
Agreements Agreement Type
Adair Park
Cash Bonds 1 $ 188,258.13
Brunswick Forest
Letters of Credit 25 $ 8,045,787.78
Grayson Park
Letters of Credit 1 $ 30,952.50
Cash Bonds 3 $ 28,975.01
Surety Bonds 1 $ 12,437.50
Lanvale Forest
Mallory Creek
Cash Bonds 6 $ 1,508,057.75
Sessoms Way
Tara Forest
Cash Bonds 1 $ 10,840.00
Waterford
Total Letters of Credit 35 $ 8,556,634.97

Total Cash Bonds 11 $ 1,736,130.89
Total Surety Bonds 4 $ 549,211.45
Total Improvement Guarantee Sureties 50 $ 10,841,977.31
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Long Range Planning Update

Planning Staff continues to strategize on a comprehensive planning process to update and combine all of the Town’s
existing land use and transportation plans. Miles Barefoot, one of the department’s summer interns from UNCW, has
begun drafting a Public Engagement Plan to lay the framework of who, how, and when to engage community
stakeholders in the planning process. Over the next 9 months, staff will be preparing an action plan to identify potential
tasks that can be accomplished by staff as well as services and deliverables that staff would recommend for an outside
consultant.
Transportation Planning Update

WMPO Transportation Coordinating Committee – Staff attended the TCC meeting on May 15, 2019. The items discussed
included a resolution adopting the Top 5 Resilient Transportation Infrastructure Priorities. TCC members also heard a
presentation from Caitlin Marks from NC DOT about their transportation improvement project prioritization process.
Staff developed a draft prioritization process for roadway projects in the Town with intention to present to the
Transportation Oversight Committee in June. This prioritization process is intended to be used by the Town to prioritize
roadway projects such as projects on the street infill maps so the Town will be better positioned to apply for state and
federal funding for such projects. Staff will also be preparing similar prioritization processes for bicycle and pedestrian
projects.
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Building Inspections Update

Total Value of Total New Square
Total Permits Issued Total Inspections
Construction Footage Permitted
369 1,260 $11,128,515 130,462
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Code Enforcement Update

In May, Code Enforcement opened 2 zoning cases and closed 3 environmental and 4 zoning cases. Currently, there are
13 environmental, 1 vehicle, and 11 zoning violation cases open.
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Economic and Community Development
Department News
Mr. Vidmar held meetings with property owners and developers in connection with four potential voluntary annexations.
Mr. Vidmar continued to have discussions with potential investors in the Leland Opportunity Zone.
Mr. Vidmar met with the new owners of Ramco, dba/Synergy Automation, on Old Fayetteville Road and heard about their
plans to significantly grow their business and employment levels over the next 3 – 5 years.
New Business Openings

 Sweet ’n Savory Cafe owners signed a lease for the former Eddie Romanelli’s/Fat Tony’s space in the Waterford
community. The popular Wilmington restaurant plans to open sometime later this year.
New Construction/Development
 At Leland Town Center, C & S Commercial Properties broke ground on the long-awaited Chick-Fil-A and a 9,000
square foot multi-tenant retail building next door that will be anchored by a Starbucks.
Economic Development Committee Meeting Summary

On May 9, 2019, Dr. Jerry Oats gave a presentation to the Economic Development Committee about the Career and
Technical Education (CTE), College Transfer Pathway and Coast Center of Applied Science and Technology programs
offered by Brunswick County high schools. Also at the May meeting, Mr. Jim Rafferty gave a presentation concerning the
growing use of Artificial Intelligence (AI) and Robotic Process Automation (RPA) in the workplace and the potential of
establishing an RPA service center in Leland.
Mr. Vidmar plans to present the Economic Development Strategic Plan to the Committee for its approval on June 13,
2019 and to the Leland Town Council on June 20, 2019.
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Public Services
Infrastructure Committee Meeting Summary

There was no meeting scheduled for May. The next meeting will be on July 9, 2019 at 10AM at Town Hall.
Streets Updates
Department News
The Street Department obtained a grant to purchase a trench box, which will be utilized to repair underground
storm drain systems.
Work Priorities
 Sinkhole Repair – Repaired 11 sinkholes in the past month with 8 remaining.
 Right of Way (ROW) street ditches which require cleaning. This is an ongoing project since Hurricane Florence.
 Repair cracked curbing and sidewalk on multiple streets.
 A number of safety and street signs are missing or damaged. Crews will begin installation this month.
 Mowing ROW ditches.
 Mosquito spraying typically begins in the month of June.
 Mowing ROW ditches will continue through the summer.
Projects Completed
 Waterford striping has been completed.
 Mowing on Old Fayetteville Road and Village Road. Depending on rainfall, these will be mowed again.
 Over 50% of the reported street sinkholes have been repaired.
Major Purchases
 The new trench box was delivered the last week of May.
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Public Services
Utilities Updates
Department News
Staff will look to fill a recently vacated position.
Work Priorities
 Lift Station #1 redesign and maintenance.
 Repair infiltration of sewer manholes and valve vaults.
 Switch to newly installed force main on Highway 17.
 Review and prepare all lift station generators for hurricane readiness.
 Clean 10% of the Town’s sewer mains.
Projects Completed
 Applied degreaser to nine of the Town’s lift stations. This will allow the floats and pumps to operate more
efficiently.
 Staff has been installing electronic water meters with replacement meters.
 All lift station confinement fences have been repaired from hurricane damage.
Major Purchases
 A second trench box was purchased with the grant award and is expected to arrive by June 12, 2019.
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Public Services
Water/Sewer Summary
*New accounts are based on the billing cycle period of the 7 th each month.
**Emergency call counts were not being tracked until the month of February
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Prepared By: Nancy Sims
TITLE: Board/Committee Monthly Reports - May, 2019
PURPOSE: So that Council may review the monthly Committee/Board Report and Meeting
Minutes for the various Boards and Committees for the Town of Leland.
BACKGROUND: The monthly Committee/Board Report for May, 2019 and the approved Meeting
Minutes of the various Boards and Committees are attached to the agenda for
Council's Regular Meeting.
SUMMARY: Attached is the monthly Committee/Board Report for May, 2019 for Council's review
as well as the recently approved Meeting Minutes.

OR PLANS:
FINANCIAL: N/A
ALTERNATIVES: N/A
RECOMMENDATION: Council is requested to review the attached Board/Committee Report and monthly
Meeting minutes.

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Committees/Boards Report
May 2019
TRANSPORTATION OVERSIGHT COMMITTEE No meeting in May
TOPICS DISCUSSED:
ACTIONS TAKEN:
NEXT MEETING: June 6, 2019 at 1:30 p.m.
INFRASTRUCTURE COMMITTEE Meeting Date: May 7, 2019
TOPICS DISCUSSED: 1. Lift Station #10 and Force Main

Project
2. Lift Station #1 Upgrade
3. Lift Station #14 Relocation
4. Water Tower Booster Pump
5. Waterford Street Repaving Project
6. Brunswick Forest Low Country Blvd.
Intersection Improvement
7. Northgate Realignment Project
8. Mallory Creek Drive Project
9. Hewlitt Burton Lift Station
10. Old Town Creek Lift Station.
ACTIONS TAKEN: 1-10. No action taken – presentations and

discussion only.
NEXT MEETING: July 9, 2019 at 10:00 a.m.
ECONOMIC DEVELOPMENT COMMITTEE Meeting Date: May 9, 2019
TOPICS DISCUSSED: 1. Presentation – Jerry Oates,

Superintendent of Brunswick County
Schools
2. Presentation – Jim Rafferty, Artificial
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Intelligence (AI) and Robotic Process

Automation (RPA) in the workplace.
ACTIONS TAKEN: 1-2. No action taken – presentations and

discussion only.
NEXT MEETING: June 13 2019 at 6:00 p.m.
LELAND TOURISM DEVELOPMENT No Meeting in May

AUTHORITY
TOPICS DISCUSSED:
ACTIONS TAKEN:
PLANNING BOARD Meeting Date: May 28, 2019
TOPICS DISCUSSED: 1. Discussion on Proposed Text

Amendment for Sidewalks, ADA
Accessibility, and Site Specific Plans
2. Discussion on Proposed Text
Amendment for Food Trucks
3. Brunswick Forest Master Land Use
Plan and Site Specific for Phase 9,
Section 1, Creek Side
4. Brunswick Forest Master Land Use
Plan Update and Site Specific Plan for
an addition to Phase 3, Section 3,
Cape Fear National
5. Request to Create the Transportation
Oversight Committee as a
subcommittee of the Planning Board.
ACTIONS TAKEN: 1. No action taken – discussion only

2. No action taken – discussion only
3. Motion to approve with Conditions
4. Motion to approve with Conditions
5. Motion to create TOC under Planning
and for Planning Board
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representatives to be Robert Penwell

and Robert Martin approved.
PARKS & RECREATION BOARD Meeting Date: May 29, 2019
TOPICS DISCUSSED: 1. NC Christmas Festival and Parade

2019
2. PROS Plan Recommendation and
Action plans.
ACTIONS TAKEN: 1-2. No action taken – discussion update

only.
NEXT MEETING: No June Meeting

July 31, 2019 at 6:00 p.m.
PUBLIC SAFETY COMMITTEE Meeting Date: May 21, 2019
TOPICS DISCUSSED: 1. Presentation – Project Lifesaver,

Brunswick County Sheriff
2. FY 2019-2020 Budget Updates
3. Safety Impacts of Cape Fear Crossing
4. Leland’s Public Safety Department Use of
Social Media for Communicating
5. PSC Event Scheduling Proposal
6. Request for Speed Limit Reduction on
Brunswick Forest Parkway
7. Brunswick County EMS.
ACTIONS TAKEN: 1-6. No action taken – discussion only

7. Motion to recommend Town Council not
transfer EMS operations to the County
approved.
NEXT MEETING: July 9, 2019 at 3:00 p.m.
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TOWN OF LELAND
Infrastructure Committee Meeting Minutes
Tuesday, March 5, 2019 at 10:00 a.m.
ASSEMBLY
The Town of Leland Infrastructure Committee held their regular meeting on Tuesday, March 5, 2019 at 10:00
a.m. at Town Hall.
PRESENT: John Kazmarski, James Morrow, Richard Paxton, and Kevin Young
. .
ABSENT: Patrick Cummings

. .
ALSO Niel Brooks, Assistant Town Manager; Lynn Vetter, Public Services Manager; Bob
PRESENT: Corriston, Council Liaison and Nancy Sims, Deputy Town Clerk
1. 10:05 a.m. Call to Order

1.1 Chairman Kazmarski called the meeting to order at 10:005 a.m. A quorum was present.
2.1 The Pledge of Allegiance was recited.

3.1 Add or Delete Agenda Items as Necessary
ACTION: Motion to approve the March 5, 2019 meeting agenda as presented.
Motion: James Morrow
Second: Richard Paxton
Vote: UNANIMOUS
4. Approval of Minutes
4.1 February 5, 2019 Meeting.
ACTION: Motion to approve the February 5, 2019 meeting minutes as presented.
Vote: UNANIMOUS
5. Public Comment
5.1 Jean Renninger, 2192 Talmage Drive, Brunswick Forest. She wondered if the planned Brunswick
Forest- Low Country Blvd. intersection would include a safer means for foot traffic. Mr. Vetter
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replied the engineers did consider pedestrian traffic; a walkway was included. They studied the
amount of traffic across the road and their intent is to have a button. Mr. Vetter also said there
still could be changes to the proposed plans; the engineers will be looking at existing infrastructure
in the very near future.
Mr. Morrow asked what the next step was at this point. Mr. Vetter replied once we identify any
and all conflicts, it will go out to bid and then proposed to Council.
6.1 Remainder of 2019 Meeting Dates.
The list of the new bi-monthly dates for the remainder of 2019 was distributed with the agenda
packet.
7. Old/New Business
7.1 Update - Lift Station #10 and Force Main Project.
Mr. Vetter stated the force main tie-ins and testing were taking place and the completion was
expected by the end of March. Then SEPI would notify the State of the sewer flow and certification
of the force main will follow. Mr. Vetter ended by saying Lift Station #10 has been certified and
activated, but only to allow gravity at this time.
7.2 Update - Lift Station #1 Upgrade.
Mr. Vetter advised that Cape Fear Engineering provided a cost estimate to design a new lift station
near the existing one and staff has been reviewing that estimate before awarding any bid.
Mr. Morrow asked about the average cost of a lift station. Mr. Vetter replied that is difficult to
answer; it could range from $200,000 to over a million, depending on the size of the lift station and
the pumps.
7.3 Update - Lift Station #14 Relocation.
Mr. Vetter indicated that SEPI Engineering was approximately 50% complete with the proposed
drawings and was also considering a second site for the relocation.
Mr. Young wanted to know more about the second site. Mr. Vetter replied the first site was on the
right hand side if you are going east; a second site was being considered because of the future park,
just to see which site suits the park better.
7.4 Update - Water Tower Booster Pump.
Mr. Vetter said The Town executed the contract with Wells Brothers Construction and was awaiting
their signature on the contract. There was currently no scheduled start date for construction.
Chairman Kazmarski wondered if there was an estimated duration of the project. Mr. Vetter
replied the contractor has not yet provided any schedule. Mr. Vetter continued the Town was
working with Brunswick Electric to provide three phase power to that site. Mr. Young confirmed
that Brunswick Electric was prepared to provide three phase power. Mr. Vetter replied yes a
preliminary design has already been completed.
7.5 Update - Waterford Street Repaving Project.
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Mr. Vetter stated the Town is seeking estimates to complete the stripping and is also asking for
proposals from an engineer for street assessments of all Town-owned streets.
Mr. Paxton asked if the Town heard anything from the previous contractor. Mr. Vetter replied the
Town told that contractor to close out the contract. There were some additional items that were
included in their scope of work, but the Town chose to address those with another contractor. Mr.
Paxton then said there still are a lot of problems with their overlay. Mr. Vetter replied the street
assessment on all Town streets will include those issues in Waterford.
Chairman Kazmarski inquired if the HOA for Waterford had said anything about their private roads,
as he had sent them some information about the street assessment. Chairman Kazmarski thought
if both the Town and Waterford streets were done at the same time it may cost less. He knows they
contacted the Town's Assistant Town Manager. Mr. Vetter said he wasn't sure if the Town could be
involved in a project with private streets, but maybe they could contact the same engineer.
Chairman Kazmarski said his intent was to have the HOA piggyback the contract not have the town
pay for it.
7.6 Update - Brunswick Forest Low Country Blvd. Intersection Improvement.
Mr. Vetter said SEPI Engineering completed the plans and submitted them for review. Staff is
reviewing the plans as they may need to be modified based on existing utilities.
Mr. Young asked about the operation of the intersection; would it operate 24 hours a day even
when nobody is there. Mr. Vetter said it will be 24 hours. Discussion then took place about the
necessity to operate 24 hours a day; how the programs can be controlled and the timing set on
flash at night. Mr. Vetter stated the engineer would make that determination and the
determination about a possible left hand turn lane and signal at the time of installation.
Mr. Morrow asked how long construction will take. Mr. Vetter replied staff does not know at this
time.
7.7 Update - Northgate Realignment project on Village Road.
Mr. Vetter advised the engineering consultant has been working with the contractor to correct
discrepancies in the right turn lane. Staff is continuing to work with AECOM to produce engineering
plans so the contractor can complete Village Road. The plans will include reviewing all curb
elevations. Northgate realignment work continues as planned.
7.8 Update - Mallory Creek Drive Project.
Mr. Vetter said the plans are complete for this project and SEPI will place it out for bids shortly.
7.9 Update - Magnolia Greens Flood Study.
Mr. Vetter stated staff met with the HOA a couple of weeks ago. They were reviewing the study
and conditions at this time and will get back to us.
Mr. Young asked if this committee will see the HOA comments. Mr. Vetter replied, yes if they
produce any.
7.10 SCADA System.
Mr. Vetter advised the Town's new SCADA system for the Town's sanitary lift stations has now
been activated. He explained how the system works and the differences from the previous system.

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He said staff has already adjusted the floats on some pumps and decreased the starts by almost
half because now we know how many times a day they shut off.
Chairman Kazmarski asked if there was any capabilities of a slow start as typically you get a surge
when they first start. Mr. Vetter explained how certain grinder pumps can be designed to slow
start and based on manufacturer and intended use, some pumps required quick start so they can
begin the grinder process and explained the difference between the two.
Mr. Young asked if the power for the lift stations comes from Brunswick Electric. Mr. Vetter
replied some of them on the southern end are supplied by Brunswick Electric and then Duke Energy
supplies the electricity to the northern end.
Discussion then took place about how the Town pumps are best suited with three phase pumps,
rather than single phase pumps. Mr. Young wondered if both Brunswick Electric and Duke Energy
have three phase pumps. Mr. Vetter replied yes.
Mr. Morrow asked about the new apartment complex on Highway 17. Mr. Vetter replied
annexation of the property has taken place but he does not yet know what is going to be built
there. Mr. Paxton asked how much property was annexed. Mr. Vetter replied he is not sure of the
size of the parcel.
Chairman Kazmarski wondered if the requirement to build a new lift station would fall on the
builder. Mr. Vetter replied there are a bunch of different scenarios and explained them.
8. Adjournment
ACTION: Motion to adjourn the meeting at 10:37 A.M.

Vote: UNANIMOUS

The next regular meeting of the Infrastructure Committee will be held on May 7, 2019 at 10:00 a.m. in
Leland Town Hall.
Adopted at a regular meeting on May 7, 2019.
Attest:
_____________________________ _____________________________
Nancy Sims, Deputy Clerk Jack Kazmarski, Chairman

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TOWN OF LELAND
Public Safety Committee
Meeting Minutes
Tuesday, March 12, 2019 at 3:00 p.m.
ASSEMBLY
The Town of Leland Public Safety Committee held their regular meeting on Tuesday, March 12, 2019 at 3:00
p.m. at Town Hall.
PRESENT: Thom Becker, Jay Eipper, Romie Holmes, and Dennis Michaliga
. .
ABSENT: Suzanne Palmer, Steve Schrimpf, and Cody Watkins

. .
ALSO Brenda Bozeman, Council Liaison; Bob Campbell, Council Liaison; John Grimes, Fire
PRESENT: Chief; Mike James, Police Chief; Missy Rhodes, Assistant Town Manager; Brad Shirley,
Deputy Police Chief; and Nancy Sims, Deputy Town Clerk.
1. 3:00 p.m. - Call to Order

1.1 Chairman Michaliga called the meeting to order at 3:00 p.m. A quorum was present.

3.1 Add or Delete Agenda Items as Necessary.
ACTION: Motion to approve the March 12, 2019 Public Safety Committee Meeting Agenda as
presented.
Motion: Romie Holmes
Second: Thom Becker
Vote: UNANIMOUS
4.1 February 12, 2019 Meeting.
ACTION: Motion to approve the February 12, 2019 Public Safety Committee Meeting Minutes
as presented.
Second: Thom Becker
Vote: UNANIMOUS
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5. Public Comment
None.
6.1 Fire Department ISO Rating - Next Steps.
Chief Grimes started by explaining what the plan depicted that was included in the agenda packet.
The new ISO rating will take effect May 1st and staff has now begun taking steps to improve upon
that ISO rating. The plan represents moving forward and looking at ways we can continue to
improve upon the fire services. Chief Grimes stated the plan is a draft, but it gives the committee
an idea of what a new firehouse would look like. He further explained that Police, Fire and Public
Utilities would each have space at the location and it would be designed around full time staffing.
He reminded the members though, this plan would be subject to normal budget processes and
funding.
Chairman Michaliga asked if the area depicted on the map with all the dots is un-buildable. Chief
Grimes replied he did not think so; the area has a pond, but is not wetlands. Chief Grimes then
discussed the need for additional staff.
Chairman Michaliga stated the Town needs a facility like this to improve response times. But, he
noticed it would be very difficult pulling out and making a sharp turn onto Lanvale Road. He is
familiar with that road and the curve has a bank to it; it will be a really sharp turn for the pumper
trucks. Ms. Rhodes responded this is a very general draft and an early stage drawing. Staff will
need to improve upon that when we get further along in the process. Chairman Michaliga then
stated it was a smart move for the Town to utilize an area they already own, but thought it should
be made to function at its best. Ms. Rhodes replied your comments and feedback are what we are
looking for.
Mr. Becker asked if there was a time-frame for improvement to the ISO rating for that area of
Town. Chief Grimes responded, staff is in discussions with the State Fire Marshal at this time. They
would like us to work on this now, but have not indicated a deadline. The Fire Marshal wants us to
be proactive and they understand the pressure.
Mr. Eipper echoed what the others said, and wondered if staff would consider this a retrofit of
current infrastructure. Chief Grimes replied no, this would be a new facility. It would be
constructed so if we need a larger facility in the future, we can add to the building. Mr. Eipper then
asked if there was anything in the plan that during storms, if we need to call on outside help, there
is housing or support for them. Chief Grimes replied yes, for our staff and EOC. Chief Grimes also
explained how staff is working with the County to be able to use the Senior Center in the event of a
storm. He further stated we have a plan already in place for this building including how we would
sleep, park and set up tents.
6.2 FY 2019/2020 Budget.
Ms. Rhodes stated she wanted to continue the discussion from last month about the budget. Staff
is continuing to meet with Council regarding the budget. The next meeting will be this coming
Monday. She described what each department was looking at adding in the next budget year, i.e., a
replacement fire engine, a replacement ambulance, and other big ticket items that need replacing
for Fire; and for Police, there are some new positions that will be added on the narcotics side as
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well as replacing and adding some fleet vehicles. Ms. Rhodes said this is a big year for equipment
being replaced and updated. Hopefully, by the next meeting we may have some additional updates.
She asked the members if they had any more feedback on budget items.
Mr. Eipper stated he saw in the minutes from last month that staff is working on five years out. He
inquired, on the Police side, as we look forward five years with the growth of Leland that is
expected, what you envision to be patrol staff increases over that time. Ms. Rhodes replied the
original discussion entailed looking at the number of patrol officers based on population, but
Deputy Chief Shirley had some suggestions on different ways we can anticipate patrol officers
needed. She then said with the new software being implemented in the near future, we will have
more ways to access data to see where crime is occurring and when so we can shift patrol
schedules to meet those needs.
Deputy Chief Shirley added if we look at staffing from a workload assessment standpoint, there are
several different models we can use and explained them. He further mentioned they don't want
the staffing level too low or to be overstaffed and then not use tax money efficiently. We are
assessing several different things at this time. Deputy Chief Shirley stated the five year plan is a
living document, so we may make changes at any time.
Chairman Michaliga asked if these models or data take into account sick leave, vacation leave,
injury leave and things like that and explained how you need some fluff for anticipated leave.
Deputy Chief Shirley responded part of the analysis is looking at normal work hours in a year and
also looking at time off for all reasons, which is a component of workload assessment.
6.3 Meeting Schedule Frequency.
Ms. Sims stated that staff has been reviewing the monthly schedule for the various Boards and
Committee of the Town and as a result suggested that the meeting schedule for this committee be
changed from a monthly basis to a bi-monthly basis and listed the other committees who also have
this schedule.
Mr. Eipper felt two months without interaction could force the committee to become dysfunctional
as the members cannot have an unofficial meeting if something were to come up. He then asked
how a special meeting would be held if needed. Ms. Sims explained the process.
Mr. Becker asked if preparation for this meeting is creating a hardship for staff. Ms. Rhodes replied
there is no hardship; just coming up with topics for discussion on the monthly agenda is
challenging. At this time, there is not much feedback from the community. Ms. Sims added that
this is a staff recommendation, and the final decision is ultimately up to the committee.
Mr. Holmes said he had no problem with trying the new schedule and to schedule a special
meeting if needed.
Chairman Michaliga said some of the committee members want to feel like we are providing a
service to the Town but we have to follow the restrictions of the Open Meetings law. He supposed
the best way of getting input from the community is through the Chiefs' coffee events and
neighborhood watches.

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Ms. Sims then wanted to remind the members that the May meeting is taking place on May 21st.
ACTION: Motion to go to a bi-monthly meeting schedule starting in May 2019 unless an issue
warrants a special meeting on an off month.
Second: Jay Eipper
Vote: UNANIMOUS
6.4 Community Feedback.
Mr. Eipper asked the members to make a conscientious effort not to forget what we need to do.
There has not been a lot of interaction one on one because of the guidelines we need to adhere to,
but we need to make a better effort there. The other members agreed.
Chairman Michaliga stated that he is hearing things from citizens that probably should be brought
up to the Infrastructure Committee. He wondered with regard to roadways, traffic patterns, red
lights, and turn signals along Village Road, if those fall under the Town's purview. Ms. Rhodes
replied Village Road is not a Town road; it is an NCDOT road. Chairman Michaliga received some
questions and comments about those roads. Since they are State roads, those people asking should
be directed to NCDOT in this area. Ms. Sims said she would forward to Chairman Michaliga, via
email, contact information of the person to contact at NCDOT.
7. Old/New Business
7.1 Silver Alert Program - Jay Eipper.
Mr. Eipper advised there was an issue in Brunswick Forest back in November with someone who
wandered away from their home. He immediately wondered whether the Town had a Silver Alert
Program, as we are an aging population with a lot of unfenced ponds. Mr. Eipper wanted the Town
to be proactive. Chief James replied once someone wanders away and Police or 911 are contacted,
a Civil Alert automatically goes out. The Brunswick County Sheriff has a program called Project Life
Saver, where people wear a bracelet which can be tracked if they wander off. The Brunswick
County Sheriff's office will offer that to any resident in the County. Chief James said the Town is
also checking into that service. He added the Town's K-9 is trained in tracking as well.
Mr. Eipper asked Chief James if he thought the Town did a good enough job marketing that
program to all the residents in the County. Chief James replied he is not sure about the Project Life
Saver Program; we can probably do a better job of that and that is something we will do.
7.2 Safe Light Program - Jay Eipper.
Chief James asked Mr. Eipper if he had any additional questions about the Safelight program. Mr.
Eipper said he didn't think it was viewed as a priority by staff and wanted to see if it was discussed
further. Chief James explained again that the Town has not reached the number of crashes needed
to start that process. However, it will be an ongoing process; if we start to see more side crashes
we will consider it again in the future.
Mr. Eipper said he runs into numerous people every day running red lights; it is consistent.
Highway 17 is a major issue where people run red lights. That is his own personal thought as a
resident. Chief James stated the Town is trying to get the Police cars out there to be as visible as
possible to deter that type of activity.

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8. Staff/Board/Committee Monthly Reports

8.1 Monthly Police Report.
The Monthly Statistical Report for the Police Department was distributed with the agenda packet.
Chairman Michaliga asked Chief James when the new Police software will come online. Chief
James replied in the fall some time.
Chief James suggested at the May 21st meeting to have Bert Reeves from the Brunswick County
Sheriff's office come make a presentation on the Project Life Saver Program.
8.2 Monthly Fire Report.
The Monthly Statistical Report for the Fire Department was distributed with the agenda packet.
Chairman Michaliga asked about the recent fire in Magnolia Greens. He wanted to dispel some
rumors; people were talking about the dryer duct not being cleaned which started the fire, and
then that the electrical panel for the dryer started the fire. Chief Grimes responded that the Fire
Department had completed their investigation and labeled the cause undetermined, specific to this
fire. Chief Grimes added however, the number one cause of fires in the United States is dryer vent
lint.
Chairman Michaliga then said there were also rumors about the water pressure not being enough
for the fire. Chief Grimes replied that is not true; the water pressure issue came the next morning
and was caused by an excavator who pulled the line down.
9. Upcoming Events/Activities
9.1 Chat with the Chiefs - Still TBD.
Chief Grimes advised the Chat with the Chiefs event will take place on April 4th at 9:30 a.m. in the
Long Leaf Room of Town Hall. Romie Holmes will attend. Ms. Sims will send an email to all
members to see who else wants to attend.
9.2 Coffee with a Cop - TBD.
10. Adjournment
ACTION: Motion to Adjourn the meeting at 4:02 p.m.
Motion: Jay Eipper

Second: Thom Becker
Vote: UNANIMOUS
Adopted at the regular meeting on May 21, 2019.
Attest:
_____________________________ _____________________________
Nancy Sims, Deputy Clerk Dennis Michaliga, Chairman

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TOWN OF LELAND
Parks and Recreation Board Meeting Minutes
Wednesday, March 27, 2019 at 6:00 p.m.
ASSEMBLY
The Town of Leland Parks and Recreation Board held their regular meeting on Wednesday, March 27, 2019 at
6:00 p.m. at Council Chambers.
PRESENT: John Carter, Veronica Carter, Arlene Holmes, Jessica Middleswarth, and Ron Watson
. .
ABSENT:
. .
ALSO Michael Callahan, Council Liaison; Bill Nadeau, Parks and Facilities Manager; Wyatt
PRESENT: Richardson, Operations Services Director; Julianne Scott, Cultural Arts Manager;
Samantha Smith, Student Representative; Nancy Sims, Deputy Town Clerk; and Amy
Wells, Recreation Supervisor.

1.1 Chairman Holmes called the meeting to order at 6:00 p.m. A quorum was present.

Staff added to Discussion Topics, Item 6.1, Board Vacancy.
ACTION: Motion to approve the March 27, 2019 Parks and Recreation Board meeting agenda
as amended.
Motion: Veronica Carter
Second: Ron Watson
Vote: UNANIMOUS
4.1 January 30, 2019 Meeting.
ACTION: Motion to approve the January 30, 2019 Parks and Recreation Board meeting minutes
as presented.
Second: Ron Watson
Page 14 of 30
Page 279 of 294
Vote: UNANIMOUS
5. Public Comment
None.
6.1 Board Vacancy
Mr. Richardson advised the Board members that unfortunately both Brandon Eaton and Jack
Wilson have resigned from the Parks and Recreation Board. Applications are now being accepted
for new members. Mr. Richardson hoped the vacancies would be filled by this June. Mr.
Richardson also noted that the Student Representative term also ends as of June 2019.
Ms. Middleswarth wanted to know what the Board could do to help advertise the open positions.
Mr. Richardson replied direct people to the Town's website or share the vacancies on social media.
Chairman Holmes asked about the student representative; why they are never asked to participate
in the meeting. Mr. Richardson replied the students are tasked to bring information back to staff;
such as polling the kids in school as to what their interests are and what they want to be involved
in. Chairman Holmes asked if they can be more a part of the meeting. Mr. Richardson replied they
are the youth voice and can comment on any topic.
Mr. Carter suggested an agenda item each month for the student representative to give a report.
Chairman Holmes asked Ms. Smith her thoughts. Ms. Smith said she can give a report for the
school. Ms. Carter said she would be interested in Ms. Smith commenting on concerts or events
that kids may be interested in.
6.2 Amended 2019 Meeting Dates
The amended 2019 Meeting Dates list was distributed with the agenda packet.
6.3 North Carolina Christmas Festival and Parade
Mr. Richardson started by saying the members may recall that last year the Town partnered with
the Unity Group of North Carolina for the Christmas Parade. The parade and tree lighting were
combined and took place the same day, called the North Carolina Christmas Festival and Parade.
Staff thought it would be appropriate to talk to this Board about the event last year as a whole and
the challenges and successes before this year's event.
Mr. Richardson advised that staff and the Unity Group met monthly, if not more, starting in
approximately May, 2018. There were specific roles within the agreement between the Town and
the Unity Group. The Town was tasked with providing a location for the festival, parking, Town Hall
and streets for the route. He also listed other items the Town provided. Mr. Richardson then
mentioned the Unity Group's responsibilities for the event.
Mr. Richardson opined everything went well except for the weather, over which there was no
control. As a result of the weather, the turn out was rather low and the vendors were moved
indoors. He discussed the different events that took place during the festival and how successful
they were. He reported the lights of the Christmas tree and the Christmas lights in the park were
both lite at the same time. Mr. Richardson said there was also a photographer to take photos with
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Santa. The event was heavily promoted by news, radio and social media.
Mr. Richardson stated one challenge was communication, we were never able to get a true number
of vendors and parade entries. Despite meeting monthly there were also some hurdles with mis-
communication about the event being canceled because of the weather. We did have a contact
person with the Unity Group that helped with the communication.
Mr. Richardson then described how law enforcement was handled during the event and how the
Town reached out to other agencies for help. That help will be reciprocated to those agencies
when needed. He felt additional officers were needed though. Chairman Holmes asked about the
number of officers needed, and wondered if there was a plan in the future to notify nearby
departments for help. Mr. Richardson said yes, one of the officers sits on the board of the planning
committee for this event so they are aware. Mr. Richardson added that Belville and Shallotte both
also had events that day so there was a lot going on. Chairman Holmes also suggested volunteer
police officers to help with traffic.
Mr. Richardson also mentioned not all entries for the parade abided by the parameters requested
by the Town with regard to décor and lighting. However, Santa's workshop was magical.
Mr. Richardson noted the Unity Group alluded to the possibility of not being involved in this year's
Christmas Festival. Staff plans on meeting with them in the near future. The Town may decide to
start hosting the Christmas Festival on its own; that will be discussed more later. Mr. Carter asked
about the Unity Group's plan to possibly not be involved with the parade. Mr. Richardson
responded the Unity Group has been considering dissolving because there is just not enough time;
everyone has busy lives. It's not that they want to step away from the Festival, it is just an internal
dialogue about their time.
Ms. Carter asked if dates for this year had been worked out yet. Mr. Richardson replied a date for
this year has not been set yet. Staff is considering all avenues at this point. Staff is proposing to
build upon the lights in the park so people can enjoy them for all of January. Ms. Carter suggested
possibly putting them up the Saturday after Thanksgiving.
6.4 PROS Plan Recommendations for Prioritization.
Mr. Richardson reiterated that Council had previously adopted the PROS Plan and described the
action items and recommendations broken down in the plan. Staff created this document to
identify the time frame for completion of certain items.
Mr. Richardson thoroughly explained the breakdown of the list prepared by staff. Ms. Carter felt
the plan looked good on paper and wondered when it will be implemented; will it be six months
from today? Mr. Richardson replied it was really from the date the Plan was adopted. Some of
these items are already in motion and some are in motion to different degrees, and provided
examples. There are key items that can be achieved first and then we proceed with longer term
items.
Ms. Carter said she would like to see the status box have more room for comment so we can get an
update quarterly on most items. Mr. Richardson asked if there was a CONSENSUS that quarterly
was appropriate as some projects won't have three month updates. Chairman Holmes felt that
was fine, we just need to see how it is being implemented so we have some perspective on the

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plan. Ms. Carter felt the status update was a tool of continuity for this Board, where it is kind of a
road map. A year down the road, the action item may not look the same as today.
Mr. Carter inquired if the time frames listed are for completion or are they the start and end times.
For instance some buildings are in the 1 to 2 year time frame, but it will take time to find funding,
prepare plans and start construction. Mr. Richardson replied we don't want to indicate we are
setting a completion date, it is more mapping out what the plan is. Mr. Carter said he was trying to
get a better idea of what the time frames represent. He would think the prerequisites steps, if
required, are already factored in.
Ms. Middleswarth said she was concerned about the time line. The plan indicates in 4 to 6 years
considering a feasibility study for an indoor recreation unit; didn't we already do that? Shouldn't
we be addressing the deficit we already are aware of? She continued we keep putting things on
paper to do without indicating what we have already done. She wanted to see the completion on
items we have been addressing during the last couple of years.
Further discussion then took place about the time line of the recommendation and the short and
long term goals.
Chairman Holmes suggested bringing a six month status report to next month's meeting and then
go quarterly from there. Mr. Richardson agreed to produce a six month status report at the April
meeting.
7. Old/New Business
7.1 Historical Marker Program.
Mr. Richardson said staff originally brought this item to the Board in December and the Board
suggested some amendments to the policy. He reminded the members what this is for and noted
the changes that were made.
Mr. Richardson explained the criteria listed in the policy is what the person completing the
application must meet. Then staff reviews the applications and presents the ones that meet the
criteria to this Board. This Board then recommends only one application to Council and Council
would agree or disagree. For instance, if there are five applications, this Board picks one of the five,
but we still present all five to Council. Council would consider the recommendation by the Parks
and Recreation Board, but still make their own decision.
Mr. Richardson further clarified the reason Council wants this Board to vet these applications is to
have another set of eyes review the applications before choosing one.
Further discussion then took place about this Board recommending only one application, but all
applications received are submitted for consideration. What happens if this Board feels they are all
worthy to recommend to Council.
Ms. Middleswarth suggested removing the word "one" from the policy. That way we are not
limited and Council is not limited. Mr. Richardson agreed to take out the word "one" but asked the
Board to have a front runner from all the applicants.

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ACTION: Motion to recommend Council approve the Historical Market Policy after removing
the words "one" from the policy.
Motion: Jessica Middleswarth
Second: Veronica Carter
Vote: UNANIMOUS
7.2 WMPO Bike/Ped Committee Meeting Update - John Carter.
Mr. Carter advised earlier this month the committee wrapped up its work on the
CapeFearMovingForward project. He outlined that there were thousands of projects; the
committee spent time creating goals and objectives, as well as the scoring criteria. The
municipalities selected the projects they would like to move forward and applied the scoring
criteria. Then those that scored higher were recommend to WMPO for further vetting. Mr. Carter
did not know how long it would take, but hopefully they will know the projects chosen in the next
few months.
Mr. Carter then went on to explain WMPO's new campaign "Be a Looker" It is a bike and pedestrian
campaign to be aware of bikes and pedestrians on the road.
Mr. Carter mentioned the annual River to Sea bike ride is scheduled for May 4th.
The City of Wilmington is considering contracting with an organization called Zagter to start bike
sharing.
Finally, the WMPO is currently looking at a fall bike event in late September similar to River to Sea.

8.1 Monthly Recreation Report
The Monthly Recreation Report was distributed with the agenda packet. Ms. Wells touched upon
some highlights of the report.
8.2 Monthly Cultural Arts Center Report
The Monthly Cultural Arts Center Report was distributed with the agenda packet. Ms. Scott
touched upon some highlights of the report.
8.3 Monthly Director's Report
The Monthly Director's Report was distributed with the agenda packet. Mr. Richardson touched
upon some highlights of the report.
9. Adjournment
9.1
Second: John Carter
Vote: UNANIMOUS

The next regular meeting of the Parks and Recreation Board will be held on May 29, 2019 at 6:00 p.m. in

Page 283 of 294
the Town Hall Council Chambers.
Attest:
_____________________________ _____________________________
Nancy Sims, Deputy Clerk John Carter, Vice Chairman

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TOWN OF LELAND
Economic Development Committee
Meeting Minutes
Thursday, April 11, 2019 at 6:00 p.m.
ASSEMBLY
The Town of Leland Economic Development Committee held their regular meeting on Thursday, April 11, 2019
at 6:00 p.m. at Town Hall.
PRESENT: Michael Braddock, II, Doug Cushing, Bruce Mancinelli, David Sink, Jr., and Chris
Stevenson
. .
ABSENT: Lara Bair and Stephen Zerio

. .
ALSO Michael R. Callahan, LTDA Liaison; Pat Batleman, Council Liaison; Nancy Sims, Deputy
PRESENT: Town Clerk and Gary Vidmar, Economic and Community Development Director.

1.1 Chairman Sink called the meeting to order at 6:00 p.m. A quorum was present.

3.1 Add or Delete Agenda Items as Necessary.
Mr. Vidmar advised that he would not be present for the May meeting. Discussion took place
about rescheduling the May meeting. However, it was decided to leave it as scheduled for May
9th.
ACTION: Motion to approve the April 11, 2019 meeting agenda as presented.
Motion: Bruce Mancinelli
Second: Doug Cushing
Vote: UNANIMOUS
4.1 March 26, 2019 Meeting.
Mr. Mancinelli apologized that he was not here for the last meeting.
ACTION: Motion to approve the March 26, 2019 meeting minutes as presented.
Motion: Chris Stevenson
Second: Doug Cushing
Page 20 of 30
Page 285 of 294
Vote: UNANIMOUS
5. Public Comment
None.
6. Introduce Guests/Speakers
6.1 Bethany Welch, NC Ports Authority Public Information Officer - Presentation on the Port of
Wilmington.
Ms. Welch presented a PowerPoint that explained:
• Operations at the Wilmington Port;
• How the Wilmington Port competes with other ports;
• The container ships' specifications;
• Capital improvements and enhancements;
• Intermodal rail service (Queen City Express);
• Five year strategic plan; and
• The efficiency of off-loading vessels.
Chairman Sink said it was an impressive presentation. With regard to the jobs that are directly
related to the ports, he asked Ms. Welch if she could break that down relating to economic
development in Leland. Ms. Welch responded it is broken down by region in our Economic
Development Regional Study. She is sure there is a way to go back and figure out the direct impact
more locally, but right now we don't have the capability.
Mr. Stevenson stated the presentation provided a good description of the terminals, and asked if
there was a break bulk terminal at the port. Ms. Welch explained how the terminals are cut down
the middle between containers and general cargo. Mr. Stevenson then inquired about the
Morehead City Port. Ms. Welch replied Morehead City is a general cargo port. She proceeded to
say Morehead City would be obtaining a gantry crane later this year as a result of the container
numbers.
Mr. Cushing asked about other competitive advantages the Wilmington Port contains. Ms. Welch
responded we are strategically located. Being in the middle of the United States on the east coast,
we can move more perishable cargo. That is a huge part of our business; exporting and importing
perishable goods. We are also close to points for other North Carolina industries, such as furniture.
Mr. Mancinelli stated he works at the Leland Innovation Park and asked if she could speak to the
local businesses that are active in terms of in and out for products. Ms. Welch replied the Port is
always looking at ways to attract businesses to the Leland Industrial Park. She listed a few
businesses and advised she could provide a more detailed list if needed.
Mr. Braddock wondered what spurred the increase in refrigerated cargo and wondered if there was
any opportunity for Leland to provide services to the Port with that increase. Ms. Welch replied we
have the only giant freezer terminal on the east coast. Many businesses use this freezer building.
We move many sweet potatoes to Europe. We are starting to see more imports because the USDA
has now opened imports to fresh produce. Ms. Welch continued the big push right now is to get a
chilled storage to move more produce through the port. Mr. Braddock asked if the storage had to
be on site. Ms. Welch replied no, it doesn't have to be on site. Mr. Braddock then asked what size
Economic Development Committee Page 21 of 30 April 11, 2019

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chilled storage the Port was looking for. Ms. Welch replied to give you an idea the freezer facility is
100,000 square feet.
Mr. Vidmar stated that a few years ago, there was discussion about an intermodal terminal in
Rocky Mount, but it died; what is the status? Ms. Welch replied CSX's previous CEO passed away
and when that happened they changed their operating model to precision railroading so that
removed many active projects in the United States. The original CSX intermodal terminal facility
will not be built. However, they are now creating a smaller scale of that project which will break
ground this month.
Mr. Vidmar then inquired about the increase in the turning basin, as well as the environmental
concerns of that turning basin. Ms. Welch responded any time there is any environmental concern
we review the concern, consider the feedback and then create a mitigation plan. Every large-scale
project includes an environmental impact study. We have a hearing coming up where we will
present an updated plan.
6.2 Gary Vidmar, Economic and Community Development Director for the Town of Leland -
Presentation on the Leland Opportunity Zone.
Mr. Vidmar presented a PowerPoint providing the following information regarding Leland
Opportunity Zones:
• The background and details of the legislation that created opportunity zones;
• The rules and times frames that must be followed;
• How you use capital gains;
• The rules that need to be followed in connection with real estate;
• The benefits of using an opportunity zone; and
• Where the opportunity zones are in Leland.
Chairman Sink asked if any opportunity zones are in Navassa and Belville. Mr. Vidmar replied
almost all of Navassa is in an opportunity zone.
Mr. Cushing asked if the zones were purely for commercial construction opportunities, or can they
also be an investment in residential construction. Mr. Vidmar replied it has to be an investment
that you hold onto as an investment, it can't be a property that you are building to sell later.
Mr. Vidmar ended by saying this could be an important component in our strategic plan. Mr.
Braddock added that there is a lot of information that is still coming out.
Mr. Vidmar added unfortunately, as this is rolling out to the real estate community, the agents are
calling on owners and as a result, the land price is increasing.
Mr. Stevenson asked if this could be dove-tailed into an agricultural project. Mr. Vidmar replied if it
is an agricultural business. Mr. Braddock provided a short list of businesses that would not fall
under this program and added there are some guidelines and restrictions that apply.
Mr. Cushing asked if there was any reason why the date ends this year. Mr. Vidmar didn't know the
background of that. Hopefully, with the next round these questions will be answered.

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Chairman Sink stated this program has been under the radar so we don't know the initiatives that
were taken to draw the lines that included Leland. He speculated it may have been the County, but
thought more research should be done to find out the origins. Mr. McCloskey advised it was
created by the State based on zip codes and census tracts.
7.1 Terms Ending - Gary Vidmar.
Mr. Vidmar reminded the three people whose terms are ending on June 30. Chairman Sink can't
reapply for a year. Mr. Cushing and Mr. Stevenson are both ending their first terms on June 30 and
can reapply.
8. Old/New Business
None.
9. Strategic Planning Session #10 - John McCloskey

9.1
Mr. McCloskey advised that a draft of the strategic plan was forwarded to Mr. Vidmar on Monday.
Mr. Vidmar will edit and format it and turn it into a PowerPoint that will be presented at the June
13th EDC meeting. We want this committee's approval before it goes to Council at their June
meeting or if more time is needed, a later meeting.

10.1 Economic Development Report - Gary Vidmar.
The Economic Development Update and ED News of Interest were both distributed with the
agenda packet.
10.2 Council Minutes.

The February 18, 2019 Agenda Meeting Minutes and the January 17, February 21 and March 21,
2019 Regular Meeting Minutes were all distributed with the agenda packet.
10.3 Parks and Recreation Board Minutes.
The January 30, 2019 Parks and Recreation Board Meeting Minutes were distributed with the
agenda packet.
10.4 Planning Board Minutes.
The February 26, 2019 Planning Board Meeting Minutes were distributed with the agenda packet.
10.5 Other Committees.
The February 12, 2019 Public Safety Committee Meeting Minutes and the February 20, 2019 LTDA
Meeting Minutes were distributed with the agenda packet.
10.6 Planning and Building Inspection Updates.
The March, 2019 Planning and Inspections Monthly Staff Report was distributed with the agenda
packet.

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11. Adjournment
ACTION: Motion to Adjourn the meeting at 7:14 p.m. .
Motion: Doug Cushing

Second: Bruce Mancinelli
Vote: UNANIMOUS

The next regular meeting of the Economic Development Committee will be held on May 9, 2019 at 6:00
p.m. in Town Hall.
Attest:
_____________________________ _____________________________
Nancy Sims, Deputy Clerk David Sink, Jr., Chairman

Page 289 of 294
TOWN OF LELAND
Planning Board Meeting Minutes
Tuesday, April 23, 2019 at 6:00 p.m.
ASSEMBLY
The Town of Leland Planning Board held their regular meeting on Tuesday, April 23, 2019 at 6:00 p.m. at Council
Chambers.
PRESENT: Joe Bryant, Warren Hodges, Robert Martin, Robert Penwell, Richard Weinstein,
Stephen Whitney, and Debbie Willis
. .
ABSENT:
. .
ALSO Ben Andrea, Inspections and Planning Director; Michael R. Callahan, Council Liaison;
PRESENT: Matt Kirkland, Senior Planner; Andrew Neylon, Planner II, Ashli Pirozzi, Senior
Planner; and Nancy Sims, Deputy Town Clerk.

1.1 Chairman Whitney called the meeting to order at 6:00 p.m. A quorum was present.

ACTION: Motion to approve the April 23, 2019 Planning Board Meeting Agenda as presented.
Motion: Robert Penwell
Second: Warren Hodges
Vote: UNANIMOUS
4.1 March 26, 2019 Planning Board Meeting Minutes
ACTION: Motion to approve the March 26, 2019 Planning Board Meeting Minutes as
presented.
Motion: Warren Hodges
Second: Debbie Willis
Vote: UNANIMOUS
Page 25 of 30
Page 290 of 294
5. Public Comment
None.
6. Action Items
6.1 Text Amendment for Section 50-71 in the Town of Leland Code of Ordinances - Corner Lots
Definition
Presented by Ashli Pirozzi, Senior Planner.
Ms. Pirozzi presented a PowerPoint describing the proposed changes to the definition of a corner
lot in Section 50-71 of the Code of Ordinances. She also provided a picture as an example.
Chairman Whitney asked if this text amendment would result in a lot at the intersection of an alley
and a street to have the same side yard setback as a lot that is not on an intersection. Ms. Pirozzi
replied, yes.
Mr. Bryant felt by doing this it would encourage developers to install more alleys versus streets.
Ms. Pirozzi replied it could be considered an incentive. Mr. Bryant then suggested it may be more
congested and condensed putting in an ally as opposed to a street. Ms. Pirozzi responded alleys
are already permitted; this is just going to allow a little bit more flexibility in how the building is
situated on the lot. She didn't think there would be a significant increase in density.
Mr. Penwell opined there was not a clear definition of what an alley is. A street is defined, but
alley is not. Ms. Pirozzi replied an alley is defined in Section 66-4.
Mr. Penwell then wanted to know if this also applies to mobile homes parks and older subdivisions,
since you tend to find alleys in those types of developments. Ms. Pirozzi advised when a developer
wants to build we rely on the subdivision ordinance for streets and travel ways. They have to build
to certain standards in new developments. In an existing development or mobile home park, if
there is an unpaved trail it would not be recognized as an alley.
Mr. Hodges referred back to the example picture and noted with this change the house next to the
alley could erect a six foot fence. Ms. Pirozzi responded they could do that now; this text
amendment would not change that. We do not apply setbacks for fences anywhere in the Town.
Mr. Whitney asked if alleys are typically dedicated to the Town. Ms. Pirozzi replied typically alleys
are common areas as they are not accepted by the Town.
Mr. Martin stated that he disagreed with the concept; he thought it was to the benefit of the
property owner and the Town to have the same requirements for an alley as a street. A corner lot is
a corner lot.
Mr. Hodges inquired with regard the house outlined in yellow on the example picture, if this house
is on the corner of a street and you have the same house on the corner of an alley, what would the
difference be once the ordinance has passed? Ms. Pirozzi responded you would have an increased
side yard setback. Ms. Willis asked what that setback would be. Ms. Pirozzi replied it would be 20
feet and then listed the exceptions for that. Further discussion took place about the width of
setbacks and the pictures provided as examples.
Planning Board Page 26 of 30 April 23, 2019

Page 291 of 294
Mr. Weinstein recalled that the minimum side yard setback may be five feet in some cases. Ms.
Pirozzi replied, yes in very specific cases.
ACTION: Motion to recommend Council approve, as the Board finds that this request for a Text
Amendment for Chapter 50 in the Town of Leland Code of Ordinances is:
1. Consistent with the objectives and policies of the plans adopted by the Town of
Leland, because the proposed amendment will update the Town's ordinances to allow
increased flexibility in the types of housing that are permitted; and
2. Reasonable and in the public interest because the proposed amendment will
improve the Town's ordinances while ensuring public health, safety, and welfare.
Joe Bryant (Moved By) For
Warren Hodges (Seconded By) For
Robert Penwell For
Stephen Whitney For
Robert Martin Against
Richard Weinstein For
Debbie Willis For
Vote: CARRIED.
6.2 Preliminary Subdivision Plat Application Submitted by Steve Shuttleworth for Parcel No. 029KA009
Presented by Matt Kirkland, Senior Planner.
Mr. Kirkland presented a PowerPoint regarding this preliminary subdivision plat. He explained the
applicant has requested a non-motorized connection be approved in lieu of a vehicular connection.
However, staff recommended the Planning Board require a residential vehicular subdivision road
be constructed and dedicated to the Town. Mr. Kirkland also pointed out the zoning map indicates
the two different zoning areas for the townhomes and the duplex/triplexes. Shane Lippard of Right
Angle Engineering and Tom Smith, the developer, were both present to answer any questions.
Chairman Whitney asked if the zoning in the front of the parcel would be changed. Mr. Kirkland
replied no, that zoning would not change.
Mr. Bryant wondered what the setback from the state right-of-way would be at the duplexes. Mr.
Kirkland replied 25 feet off Village Road.
Mr. Penwell advised he was at the property today and it appeared that the far corner was very
overgrown and looked like wetlands. Mr. Kirkland replied the wetlands were identified on the map.
Mr. Lippard indicated where the wetlands were on the property and how the topography dropped
off in that far corner. He then explained how the applicant arrived at their request for a non-
motorized connection for pedestrian access because of the wetlands.
Chairman Whitney wanted confirmation this is one parcel and being divided into three. Mr.
Kirkland replied no, it would be three parcels at the front for the duplexes and triplexes, and the
rest of the parcel would be 74 townhomes, each on its own individual lot. Chairman Whitney then
asked why the duplexes and triplexes are not each on their own lot. Mr. Kirkland replied zoning
won't allow that and explained why.

Page 292 of 294
Chairman Whitney also said he drove down Oakmont Court and it appeared to connect to a Town
maintained road. Mr. Kirkland responded that road is not currently Town maintained.
Chairman Whitney then stated on the drawing it looked like the sidewalk connected to land owned
by the Town. He asked if anything had been discussed about this land. Mr. Kirkland replied the
Town currently had no plans for that land.
Chairman Whitney continued it looks like on the map, in the middle of the rectangle piece of
property, there is a dirt road that appears to serve three mobile homes and be located within this
parcel. Mr. Kirkland replied It would have to be verified by a survey in the field. Mr. Lippard
added that will be confirmed with a title search.
Mr. Weinstein asked what happens to the walking path at the other end. Mr. Lippard replied
directly behind that is a residential property; we are only required to go to our property line.
Ms. Willis agreed with keeping any impervious surfaces open, but also understood that the Town
had an interest in making it a collector street. Could it be a nature path until the Town wants to
pursue a connection? Mr. Kirkland replied not at this time and listed the options available in the
ordinance.
Mr. Penwell asked if the connection issue had to be decided tonight. Mr. Kirkland replied yes and
explained how paragraph number 4 in the Potential Action could be removed from the motion if
the Planning Board desires a non-motorized connection. He continued, the staff recommendation
is for a full public street stub out to be built per the collector street plan and explained why.
Chairman Whitney then asked if the developer approached any property owners near the parcel.
Mr. Smith replied they made some inquiries of owners to the west, but they had no interest.
Mr. Penwell felt it was hard to comprehend why there should be a public street to nowhere; if
there is no need to get emergency vehicles in there now or in the future; a non-motorized
connection is probably better than a street.
ACTION: Motion to approve this preliminary plat and subdivision of Parcel No. 029KA009 with
the following conditions:
1. Prior to final plat approval, the developer shall provide staff copies of:
a. Approved stormwater plans and permits
b. Approved NCDOT driveway permit;
2. All required infrastructure including, but not limited to, open space, stormwater
treatment, roads & sidewalks, and utilities shall be installed prior to final plat
approval or bonded pursuant to Chapter 50-109 Final Plat Submission & Review;
3. A final plat shall be submitted to the Town for approval and signature within 18
months of Planning Board approval of the preliminary plat or approval shall be
rendered void, unless a written extension of this limit, not to exceed a 54-month
period from the initial approval date granted by the planning board;
4. A non-motorized connection be installed; and
5. Deeded accesses to public streets shall be shown on final plat.
Motion: Warren Hodges

Page 293 of 294
Second: Robert Penwell

Vote: UNANIMOUS
6.3 Mallory Creek Plantation Master Land Use Plan Update and Site Specific Plan for The Forest at
Mallory Creek Plantation
Presented by Andrew Neylon, Planner II.
Mr. Neylon presented a PowerPoint about the Mallory Creek Master Plan Update. He advised that
the Planning Board has final approval of this plan.
Mr. Martin mentioned that it occurred to him that the name of The Forest could be confused with
Brunswick Forest in the future. Mr. Neylon responded the ordinance says the names can be similar
but not the same. Staff does see your point and can make that recommendation to the developer.
Mr. Penwell confirmed nothing has changed significantly, they are just moving it forward 18
months. Mr. Neylon replied correct.
ACTION: Motion to approve the Mallory Creek Plantation Master Land Use Plan Update and
Site Specific Plan for The Forest at Mallory Creek Plantation as proposed by Staff.
Vote: UNANIMOUS
6.4 Text Amendment for Chapter 66, Article I and Article IX in the Town of Leland Code of Ordinances
Presented by Andrew Neylon, Planner II.
Mr. Neylon presented a PowerPoint about this text amendment regarding yard sales. After the
discussion last month, some changes were made.
Chairman Whitney asked if there were people contacting the town about permits. Mr. Neylon
replied he processed applications for 4 1/2 years and had no complaints; staff is just cleaning up the
ordinance.
ACTION: Motion to recommend Council approve, as the Board finds that this request for a Text
Amendment for Chapter 66 in the Town of Leland Code of Ordinances is:
1. Consistent with the Leland 2016 Master Plan, Action A6, which encourages
simplifying application processes and the 2018 Leland Zoning Ordinance; and
2. Reasonable and in the public interest because the proposed amendment will clarify
application processes and regulations for citizens and staff.
Motion: Richard Weinstein
Second: Robert Martin
Vote: UNANIMOUS
7. Old/New Business
None.

8.1 Economic Development Report.
The April, 2019 economic development update was distributed with the agenda packet.

Page 294 of 294
Mr. Penwell asked what the building was that was being built near Goodwill; the Planning Board
had previously approved apartments in that area. Ms. Pirozzi advised it was the club house for the
apartments.
Mr. Bryant stated near McGhee Market on Village Road they are clearing land; did the Planning
Board review that? Ms. Pirozzi replied that is Skylar's Cove.
Chairman Whitney asked about the Northgate drive status. Mr. Andrea advised staff would come
back next month with an update.
8.2 Planning and Inspections Monthly Update.
The Planning and Inspections Monthly Staff Report for April, 2019 was distributed with the agenda
packet.
8.3 Monthly Transportation Update.
The WMPO monthly project update for April, 2019 was distributed with the agenda packet.
9. Adjournment

Vote: UNANIMOUS

The next regular meeting of the Planning Board will be held on May 28, 2019 at 6:00 p.m. in the Town
Hall Council Chambers.
Attest:
_____________________________ _____________________________
Nancy Sims, Deputy Clerk Stephen Whitney, Chairman

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Council Regular Meeting - 20 Jun 2019 - Agenda PDF

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Agenda

1. 6:00 P.M. - CALL TO ORDER

4. APPROVAL OF THE AGENDA

8. APPROVAL OF CONSENT AGENDA

June 11, 2019 - Special Meeting

RFA-19-0884 - Ordinance O19-026 Amending Chapter 18 Businesses and

from Buster Development, LLC under N.C.G.S. §160A-31 for a Contiguous

10. DISCUSSION TOPICS

11. OLD/NEW BUSINESS

12. CLOSED SESSION

14. NEXT MEETING DATE

REQUEST FOR ACTION RFA-19-0859

Meeting Date: May 23, 2019

MEETING TYPE: Council Regular Meeting

PURPOSE: To approve the following meeting minutes:

SUPPORT OF STUDIES N/A

Request for Action Page 1 of 35

1. 6:03 P.M. - Call to Order

4. Approval of the Agenda

5. Public Hearing - Lanvale Forest Annexation

Mayor Bozeman opened the public hearing.

Council Special Meeting Page 3 of 35 May 2, 2019

Council Special Meeting Page 4 of 35 May 2, 2019

Mayor Bozeman opened the public hearing.

Adopted at a regular meeting on June 20, 2019.

Council Special Meeting Page 5 of 35 May 2, 2019

Council Special Meeting Page 6 of 35 May 2, 2019

1. 7:30 P.M. - Call to Order

4. Approval of the Agenda

5. Closed Session - Consult with the Town Attorney

ACTION: Motion to go into closed session.

6. Public Hearing - Bishops Ridge Annexation

Mayor Bozeman opened the public hearing.

7. Public Hearing - Bishops Ridge Amend Zoning Map

Mayor Bozeman opened the public hearing.

Council Special Meeting Page 8 of 35 May 2, 2019

8. Public Hearing - Bishops Ridge - Development and Economic Development Agreement

Mayor Bozeman opened the public hearing.

Council Special Meeting Page 9 of 35 May 2, 2019

ACTION: Motion to adopt Ordinance O19-008 approving a development and economic

Adopted at a regular meeting on June 20, 2019.

Council Special Meeting Page 10 of 35 May 2, 2019

1. 10:00 a.m. - Call to Order

4. Approval of the Agenda

Motion: Pat Batleman

Adopted at a regular meeting on June 20, 2019.

Council Special Meeting Page 12 of 35 May 13, 2019

Town Council Closed Session Page

1. 11:03 a.m. - Call to Order

ACTION: Motion to excuse Councilmember Corriston from today's meeting.

4. Approval of the Agenda

ACTION: Motion to approve the agenda as amended.

5. Agenda Review for Council Regular Meeting

Council Agenda Meeting Page 15 of 35 May 20, 2019

Council Agenda Meeting Page 16 of 35 May 20, 2019

6.2 Hurricane Florence Update

6.3 Upcoming Events

Mr. Richardson announced the upcoming events as follows:

6.5 Brunswick Forest Parkway/ Low Country Boulevard Intersection Project

6.6 NC DOT Street Assessment Update

Council Agenda Meeting Page 17 of 35 May 20, 2019

6.7 Tree Ordinance