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Agenda 2007 01-22 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assemb[y Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wdmington, NC WilLIAM A. CASTER, CHAIRMAN. ROGERT G. GREER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER. WANDA COPLEY, COUNTY ATTORNEY. SHEILA SCHULT, CLERK TO THE BOARD January 22, 2007 9:00 a.m. MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9: 10 a.m. 1. 37 9:25 a.m. 2. Presentation ofNe\" Hanover County Service A\"ards 39 9:35 a.m. 3. Presentation of Newly Hired Countv Emplovees 41 9:40 a.m. 4. Presentation of the Governor's Order ofthe Long Leaf Pine Award 43 to Dr. Jim Hundlev 9:55 a.m. 5. 45 McGladrey & Pullen. LLP 10:10 a.m. 6. Presentation on the Guardian ad Litem Program 47 10:25 a.m. 7. Presentation bv New Hanover Soil & Water Conservation 49 10:35 a.m. 8. Consideration of Creation and Utilization of New Hanover Countv Seal/Logo 51 10:45 a.m. 9. 55 10:55 a.m. Break 11 :05 a.m. 10. Public Hearing - Small Cities Community Development Block Grant (CDGB) 79 Program 2004 Scattered Site Housing Program (SSHP) Close-out 11:15 a.m. 11. 87 Grant Program 2007 Scattered Site Housing Program 11:25 a.m. 12. Presentation: 2007 County Wide Revaluation 89 11:40 a.m. 13. 91 12: 10 p.m. 14. Non-Agenda Items (limit three minutes) 12: 15 p.m. 15. Additional Items County Manager Commissioners Clerk to the Board County Attorney 12:25 p.m. Lunch Break 12:55 p.m. 16. Closed Session Pursuant to G.S. 143-318.11(5) to Instruct the Public Body's Staff Concerning the Position to be Taken by or on Behalf ofthe Public Body in Evaluating Possible Acquisitions of and in Negotiating the Price and Material Terms of Proposed Contracts for Real Property 1:30 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 11:40 a.m. 1. Non-Agenda Items (limit three minutes) 11:45 a.m. 2. Approval of Minutes 93 11 :50 a.m. 3. Consideration of Contract Amendment - Municipal and Financial Services 95 Group (MFS&G) Water and Sewer Consolidation and Approval of Associated Budget Amendment 07-111 12:00 p.m. 4. Consideration of Flow Monitoring NEI Service Area - Request for Project 99 Funding and Approval of Contract 07-0275 with Camp Dresser and McKee (CUM) and Approval of Associated Budget Amendment 07-110 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 7 2. 9 Planning Committee 3. 11 Communitv Advisorv Committee for a Three-Year Telm Expiring JanualY 31 , 2010 4. Approval of Request bv Leading Into New Communities (LINe Inc.) to Applv 13 for Grant Funding from the Govemor's Crime Commission (GCC) with New Hanover County as the Applicant Agency 5. 17 08 by the Health Department 6. 21 7. Approval ofNHC Parks Department Application for $500,000 Parks and 25 Recreation Tmst Fund Matching Grant for Veterans Park 8. Approval of New Hanover County and New Hanover County Fire District 27 Collection Reports 9. Approval of Release of Tax Value 31 10. 33 2007.51 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the Agenda Review meeting held on January 4, 2007 and Special Meeting, Closed Session Meeting and Regular Session Meeting held on January 8, 2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. (revised) 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila Schult Item Does Not Require Review SUBJECT: Appointment of Commissioner Nancy Pritchett to the Juvenile Crime Prevention Council and Commissioner William A. Kopp, Jr. to the local Emergency Planning Committee BRIEF SUMMARY: As reported at the December 18, 2006 meeting, Commissioner Pritchett has a conflict with the monthly meeting time of the Local Emergency Planning Committee meetings. Commissioner Kopp agreed to switch committees with her to allow a commissioner/local elected official to be represented on the committee. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint: Commissioner Pritchett to the Juvenile Crime Prevention Council Commissioner Kopp to the Local Emergency Planning Committee FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 This page intentionally left blank. 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila Schult Item Does Not Require Review SUBJECT: Appointment of Brenda Lee Williams Thomas to the Adult Care Home Community Advisory Committee for a Three-Year Term Expiring January 31, 2010 BRIEF SUMMARY: Ms. Thomas' term is expiring and she is eligible for appointment to a three-year term. RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Committee application ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 11 New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (910) 34]-7149 FAX (910) 341-4130 Board/Committee: Name: Brenda Lee Williams Thomas Home Address: 1514 Flushing Drive Wilmington 28411 (Streel) (City) (Zip Code) Mailing Address if different: Same Home Phone: 790-3290 Business/Work Phoue: 762-1177 Years Living in Race: African American New Hanover County: 6 Male: Female: - Age: 44 (Inform ation for the purpose of assuring a cross section of the com mUDity) E I New Hanover County Community Action, Inc mp oyer: (A person currently employed by the agency or department for which this application is Madel must resign his/her position with New Hanover County upon appoin tment, in accordance with Article VI, Section 4 of the New Hanover C DUUty Personnel Policy.) Job Title: Deputy Director/Family Services Manager Professional Activities: Advocate for low-income citizens;CCPT;Interagency Council Volunteer Activities: Church affiliated Why do you wish to serve on this board/committee? Assist those that are unable to advocate for themselves and to ensure their rights are not violated. Conflict of Interest: If a board member believes he / she has a confljct Dr potential conflict of interest on 8 particular issue, that member should state this be/fetto the other mem bars of his J her respective board during a public meeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetary interest, either djrect or indirect, in the issue under consideration. The m ember should then excuse himself I herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Proper care, support and advocay Q Hi . ~ . Former CNA training; Gerontoly Student (Master's Level UNC-W) ua I lcatlOns or servmg: Other municipal or county boards/committees ou which you are serving: List three local personal references and phone numbers: 1. Eleanor Covan-962-3435 2. DR. Linwood Nesbitt-790-3290 3. Ann Betrand-792-9441 L/icb- Date: Ij{ ~ j(~- tJl) 0/lJrt;Lt?-J Signature: "j~ .. Applications are kept on file for 18 months Use reverse side for additional com men ts 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 4 Estimated Time: Page Number: Department: County Manager Presenter: Frankie Roberts Contact: Patricia Melvin SUBJECT: Request by Leading Into New Communities (UNC, Inc.) to Apply for Grant Funding from the Governor's Crime Commission (GCC) with New Hanover County as the Applicant Agency BRIEF SUMMARY: Frankie Roberts, Executive Director of LING, Inc., requests that the County participate as applicant agency for a grant application to the GCC for the New Workforce Program. The program supports the successful reentry of ex-offenders returning to the community from prison. The grant application is available for review in the County Manager's office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 13 LXN(~, INC. Leading Into New Communities rn\ [E 'to I~ ~ - __n_(:::~ P.O. Box 401 IDI l0.c e, 1 ! __ -< e i Wilmington, NC 28402 ; f,' i ., I (0) 910-762-4635 !: l~ JAN 9 2007 (F) 910-763-3937 website: www.lincnc.org January 9, 2007 Mr. Bruce T. Shell County Manager 230 Market Place Drive Suite 195 Wilmington, NC 28403 Dear Mr. Shell: I am writing to request that LINC, Inc. be placed on the agenda for the next County Commissioner's meeting on Monday, January 22, 2007. Weare asking that the County Commissioner again become the applicant agency for the Governor's Crime Commission Grant. If you would like to discuss this matter in more detail, please call me at 762-4635. Sincerely, 4 ~ Frankie Roberts Executive Director 14 Print Grant Application Information Page 3 of 17 Problem and Project Operation The Problem: I NC Department of Corrections Office of Research and Planning reported in 2006 over 26.000 exits from prison, reminding us that a staggering 98% of the current population (over 37,000) will be released in the future. 60% of prisoners leaving prison are likely to commit crimes returning them to prison. 3.4% of total inmates released in 2006 were residents of New Hanover County. Despite the fact that New Hanover County comprises just 2% of the state's population, it consistently ranks in the top 6 counties in entries into prison and offender exits into the community. The transition period is regarded as the most critical period for ex-offenders, as they face barriers to reintegration, The program addresses this by developing case plans; matching clients to therapeutic housing, job training, gainful employment. counseling and substance abuse referral as needed. Resources critical to success are: 1. Housing, transportation and meals away from criminal and drug activity. 2. Access to skills to obtain/maintain employment. 3. Immediate and long-term intensive contact to re-integrate into the community. L1NC, Inc has served an average of 111 clients per year (04-06.) 65% are currently not incarcerated. If funded. NHC will have the resources to reach additional clients. Project Operation: Leading into New Communities' programming goal is to provide reintegration services for 222 ex-offenders in the next two years. The New Workforce Program (NWP) will continue maintenance and support for current clients as well. L1NC has established a ten (10) bed transitional facilrty that provides structure, supervision. twenty four (24) hour monitoring, and the supportive services necessary for successful transition. The client and the case manager interact in a fact-gathering process identified as the creation of the Interactive Case History Assessment (ICHA). This assessment entails a professional review of clients___ criminal history, experiences in prison. drug/aicohol history, mental health status, housing, transportation, educational level, vocational competency, work history, and the level of family support is identified. A medical examination is also included but serviced by the Medical Services division of L1NC. A goal-focused case plan is created based on the assessed needs from the ICHA. NWP staff use a strengths based solution focused approach (see Appendix B) which helps guide the transitional process. This includes resource identification for each clients:. personal needs. Some of the resources available through contractual relationship with L1NC Inc. include: Coastal Horizons TASC program, Cape Fear Community College, Direct Support for Professionals, Mid-Eastern Occupational group, Empioyment Security Commission, Wilmington Housing Authority, Wilmington Police Department, Department of Social Services, Vocational Rehabilitation, and Southeastern Mental Health. Once a referral is made, the NWP case manager will track attendance and goal attainment, provide additional employment support, and require weekly attendance at NWP support groups Through a community partner(See Appendix C) NWP has a training facility where classes are provided throughout the week specific to ex-offenders. Topics include but are not limited to: How to Become a Successful Employee, Thinking + Feeling = Character/Behavior/Problem. Raising Children of Incarcerated Parents Under American Occupation, and How to Build a Healthy Esteem. Activities include: Chess night, Movie/Family night, and an Ex-Offender support group. Additionally we provide employment counseling and GED prep classes. Participants will enter the program through referrals from any of the following: District/Superior Court Judges, Adult Probation and Parole, County Pre-Trial Release Program, TASC, and the Department of Correction. L1NC INC. is centrally located in Wilmington, bus routes are within walking distance of residences. Transportation (bus tickets) will be available to clients on an as needed basis. Page 2 htto:/ /www.ncgccd,oflz/aoolications/gmsoreaoo2007 /PrintHTMLPreAoo,cfm 1/9/2007 15 Print Grant Application Information Page 10 ofl7 Budget Summary 1. Description of Match: Matching funds may include local, state or private funds, but not other federal funds. A. Juvenile Justice Planning, Criminal Justice Improvement 1. 25% cash match only required Describe amount and source of cash match: YY~wiIlLJ!)e Ol.!t alrea-,jy~prov~d. fUIJg:~Jrom Jb~Clty Of _YYilmiogtgn1 B. Crime Victims' Services 1. 25% cash match or in-kind match required for those applying for program priorities B, E & F Describe amount and source of cash or in-kind match: 2. For those applying for program Priorities A, C & 0 Describe a 20% match (cash or in-kind): C. Request For Match Waiver IDl A limited number of match waivers will be granted to applicants applying to the Juvenile Justice Committee. The awarding of waivers will be based on the availability of funds and the Comission's overall rating of the grant proposal. Because "match free" funds are limited and very competitive, applying for a waiver may reduce the likelihood of funding. A signature is required on page 13 when requesting a match waiver. I". Budget Categories: First Year II Anticipated Second Year I I A. Personnel: $165,333.0611 $168,000.001 I B. Contractual Service: $23,400.0011 $23,400.001 I C. Travel: $4,500.0011 $4,500.00 1 1 D. Supplies/Operating Expenses: I $20,450.0011 $20,450.00 I I E. Equipment: II $0.0011 $0.001 I F. Total Budget: II $213,683.0611 $216,350.001 I G. Subtract Matching Funds: II -$53,420.7711 -$54,087.501 I H. TOTAL FEDERAL REQUEST: II $160,262.3011 $162,262.501 1/1. Projected Assumption of Project Costs: The project director MUST state plans for the assumption of project cost after federal funds are no longer available to the project and describe how the project will continue to address the problem after the grant ends. The goal is to build businesses to support 90% of Q.mg@.m budgej Page 9 http:/ /www.ncgccd.org/applications/ gmspreapp2007lPrintHTMLPreApp.cfm 1/9/2007 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 5 Estimated Time: Page Number: Department: Health Presenter: Janet McCumbee, Personal Health Services Manager Contact: Janet McCumbee and Kim Roane, Business Officer SUBJECT: Ratification of a Grant Application to Smart Start for Continued Funding for FY07 -08 ($178,500) BRIEF SUMMARY: The Child Care Nursing Program provides preventative services to children, their parents, and child care providers in local child care facilities. This includes immunization follow-up, medical action plans, health and safety education, and technical assistance for policies. Smart Start has funded the Child Care Nursing Program for nine years. The grant application for continued funding for FY07-08 would support the current staff (1.8 FTEs -Public Health Nurses, and 1 FTE Program Assistant) and operating expenses. RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify the grant application to continue funding the Child Care Nursing Smart Start Program and approve any budget amendment related to the receipt of grant funds. (Grant application deadline was 1/8/07). FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No County match required. Program and positions will not be continued if grant funding ends. ATTACHMENTS: The grant documents are available for review in the County Manager's office. ~ ~ : : ~.:..:..~ lit:::.: Attch **2 - SS of NHC- DSP Proposal budget spreadsht template 07-0S.xls CCN FY2007-0S Applications.doc ~ ~ iii.:.:::.: iii.:.:::.: Attch **3 - Budget Justification.doc Face Sheet and PFC Cover Letter.doc REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 17 December 4, 2006 Dear Applicant: On behalf of Smart Start of New Hanover County, I would like to extend my thanks for your interest in helping us meet the needs of young children and their families in our community. All programs that wish to be considered for funding in 2007-08 must submit a Request for Funding Application. You will find this attached. The Allocation Committee of Smart Start ofNHC will oversee the review of applications and prepare recommendations to the Board of Directors for approval. Only applications submitted by the deadline on Monday, January 8, 2007 will be evaluated. A review process among Smart Start ofNHC staff, Program Consultants at the North Carolina Partnership for Children, and applicants will take place immediately upon receipt of eligible applications. This process will allow applicants to respond to questions and/or requests for clarification prior to the Allocation Committee's evaluations and is intended to present the most complete and finalized form of an application's activity description. Therefore, applicants should be prepared to respond to any questions and clarification requests by January 25th. The Allocation Committee's evaluation includes, but is not limited to, ratings for completeness, content, experience, contractor qualifications, reasonableness, cost, and, where applicable, current outcome status and results of monitoring. Applicants will be notified of funding decisions by April 1 st. Also, please note that award of a grant to one entity does not mean that another service provider's program lacked merit, but that, all factors considered, the programs selected for funding were most likely to positively impact the agency's goals and provide the best value. All funding is based on the appropriations to Smart Start by the North Carolina General Assembly. Please follow all instructions very carefully so that your application will be eligible for consideration. You are welcome to call our office if you have questions (815-3731). We look forward to reviewing your application. Thank You. Sincerely, Janet Nelson Executive Director 18 Application Cover Sheet Title: Child Care Name: New Hanover Health Address: 2029 S. Street Street Address: same City: Wilmington New Hanover County, NC Phone: 910 798-6522 Fax: 910 341 4146 Email: Website: Contact Person Name: Dunn Title: Services Phone/Fax: 9107986648/9103414146 Email: Person Name: Kim Roane Phone/Fax: 9107986522/9103414146 Person to Name: David E. Rice Title: Health Director Phone/Fax: 9107986591/910341 4146 Email:drice@nhcgov.com Inc. Program Contact Person Date Person Authorized to Contracts Date 19 Attachment # 2 Projected Budget Projected Line Item Planning Budget for Direct Services Provider Activity Partnership: Smart Start of New Hanover County, Inc. Fiscal Year: 2007-08 Direct Services Provider: Smart In-Kind Cash Total -------- Contract #: Activity #: Start Funds Match Funds Activity Name: Child Care Nursing Funds Amount Amount Amount 11) Personne'-__ ~173,72800 $12,500.00 $186,228.00 1]JContracted~e",L~s ------.- $0.00 13)!<>t~1 Pers_o~nel/Contr~Eted Sel"lfi~es .__$173,728.()() . ~g500.00 . ~O.OO $186,2211.00 14) Offic_e_SuppliEls/l. Materials $500.00 $500.00 15) Service-Related Supplies & Materials $700.00 $700.00 16) Total Supplies & Materials $1,200.00 $0.00 $0.00 $1,200.00 - 17) Tra"ElL $2,247 JlCl. $2,247.00 18) Communications & Postage $200.00 $1,500.00 $1,700.00 19) Utilities $800.00 $800.00 20) Printing.~Binding__. 185.00 $1,000.00 $1,085.00 21) Repair..I!..Maintenance, $0.00 22) Meeting/Qonference. Expense $0.00 23) El11fllll}'Jle Training (no travel) $680.00 $680.00 24) Advertisir1g $0.00 ~5)Not Avail<lble forljse $0.00 26) Total Non-Fixed Operating EXflen.ses $3,212.00 $3,~00.OO $0.00 $6,512.00 .- 27) Office Bent (Land,~ilclings,etc.) $",000.00 $4,000.00 28) Furniture Rental $0.00 29) Equipment Rental (Phones, Computer, etc.) $0.00 30) Not Available for Use. $0.00 31)[lues &~ubscriptio~__ $360.00 $360.00 32 )Insurance/l.!l()nd ing_ $0.00 33) Books (Library Reference Materials) $0.00 34) Not Available for Use $0.00 35) Other Expenses $800.00 $800.00 36) Total Fixed Charges & Other.Expenslll;. $360.~Q $4,8Oll.OO $0.00 $5,160.00 37) N()t_Available for Use $0.00 38) Not Available for Use. $0.00 39) Furniture/N()-":C;omputei.Eqpt.,~500+ per item $0.00 40)Computer EquipmenVPrinters,$500~ per item___ $0.00 41) Furniture/Eqpt.,JI_nder$500 per item _ $0.00 42) Total Pr()jlel1)f./l.E:quipl11e_nt Outlay $0.00 $0.00 $0.00 $0.00 43) Purchases of Services $0.00 44) Not Available for Use $0.00 45) J\,^,<lrds t~tipends/l3chola~hips) $0.00 46) Cash Grants $0.00 47) Non-Cash Grants $0.00 48) Total Services/Contracts/Grants $0.00 $0.00 $0.00 $0.00 178,500.00 20,600.00 199,100.00 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 6 Estimated Time: Page Number: Department: Library Presenter: David Paynter Contact: David Paynter SUBJECT: Ratification of a Grant Application to Smart Start for Continued Funding for FY07-08 BRIEF SUMMARY: The New Hanover County Public Library requests ratification of an application for renewal of its Smart Start grant to provide early literacy training for preschool teachers and services to children in New Hanover County preschools and family child- care homes. Grant funds will be used to change four (4) temporary program assistant positions of 20 hours per week to regular positions of 30 hours per week. County provides matching in-kind support. Total cost of program is $241,516. The only direct cost to New Hanover County is $4,000 for books which is raised in the Friends book sale. The Library has received funding from Smart Start for this program since 1997. Positions will be eliminated if grant funding ends. RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify grant application for FY 07-08 and approve associated budget amendment iffunding is received. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 4 Explanation: Grant request amount is an increase of $114,749 from what is currently budgeted for FY06-07 ($126,767). ATTACHMENTS: The grant application is available for review in the County Manager's office. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 21 .-.... .... '..".........~..........H._....... .. .... ......~...~...H.__.H_........._ ...,..........~ ..... ._....................,....._.._...._..................~..........._. Application Cover Sheet .~~!!y!!YIi!I.~:9~~'Y~g.g~~~.~~~ ....... .. .....__... .._....._........ . .... ..._ .__. .m,,.'. .m....................".. . .~..--..,.... .:'\ge.~~:y:!::e.gl!!~~~e.~~e'Y~~!!~ye.I:g~~!!1:y!:~~E~I:Y ........ ._._... ..... .... .... .._.. . __ .... _.. ... ..... ............._... iM~~I.~!!g:'\~~~e.~~:.~Q~gJ.:l:e.~!!l:~!~!~e.e.!.. ....... . ..__. ..... ....._....__ ........ ............... _ ......_. . / ! Street Address: 201 Chestnut Street .~.. ...-.....-.. . ............... ... .. "H'.. .. ......... .....-. . ... .. ......__ .... .. .........~...,... ...... _.. .... ....... . __ ... ...._.. ... ...H.............~. .... ... ..... .. ... . _.... ...._._..................,...... .."........ ......... ...........".... ...... _ .......,'....... . ............. i City: Wilmington New Hanover County, NC Zip: 28401 ......--.... .......-..... .......".......... ... . ... ..._...............m..."................."...."....... .- ... ........... ... . . ..............~....... .,..... ...-....--.............. ...... .................'....... ...... .......-. ..... ...................... . Phone: 910-798-6301 Fax: 910-798-6312 i:Jj;J:!l~iI.:~~~~~@!!J.:l:~g~y~~()J:!l. ....._.......__._... .. ..~e.~.~it~: .~~!!J.:l:~g()Y~~()~I.~I?~l:l.I"Y. ...._._..... i~r.l!gr.o:"!ql!'!.~'!t:.t.ff!!~l!'!m._ .... _.. ..._ .... .... ............... ... _. ..__. . ..... ..... . ........ ___ ......... ..... .._. ........_ ............... . ... . ........ i Name: Amy Read . Title: Program Coordinator :..~!I()11l:l(J:f~!;~19::?~~=6~9~ ... ......._._ ...._.i.~J:!l~!!:~~~~~@!!~~g()y~.~Q~ ,.._.. .. ..... ...._..._....._..._.. .J).f!~~l!.'!!l:f!~Pl!'!.!!f~I.f!Il!r.Ji'fs.t:.o:?1:Et:.l!l!.'!~i.'!g!-1l!i{[(Bepf!7!~'!g()fA:t:.~~l!!tY.__... ..... .....__.._. .._... . ..._. l ~~~e.~..~~!Pe.~PE~~!! __..... ........._ ..... ...... ._. ....._ . l'i!!e.:gra~!~. and Pro j ec.!~:,\nalyst. .........--...,. :..P~()l1e/!fa!:~JQ::?~8=?~61... ...._.._ ... ...... ....:Jj;J:!l~!!:~~p~~I.!@!!J.:l:~g~y~~()J:!l ... ... ....... . !ff!.r.s.l!'!1:1!:~l!l!.~i.!?f!{.!!lJ..~i.g'!C;o.'!t!.'!~ _ '_..._, .,. ...... ... .. ......_. .........._ .._.... .. .'_' ... _. _ ........_... ._...... ... .... . !~?lI.!!e.~.Q~yi~gl:lY!!!e.!:_ ........ ... ... ... __.._. .. .. ._. _,.!~!!~~!:ib.!:.~!YP.!'::e.~!.()!:._ . ........ ... .. ...........-............ .,............ Phone/Fax: 910-798-6321 . Email: dpaynter@nhcgov.com , ......H.....,._....... ... .... ..... .. ........._ .. ...................._...........___...............H..~"..... .._ .. ...'.....H .... ...... ...... ..., .........._..._ "'H"'M_.. ..............H..............._.............. .... ..... '.. ........... ......... ............ ......_ ......... ..........."H..."....... ..... .... ........... , ! Tax Status: ( )For Profit (x)J:>~l?lic ()Tax-Exempt Organization : Federal Tax ID Number: 56-6000324 -- ...-......--~ ....... ...." ... .. .............."...... . .... ............... ....... ....... ....... ................ . ..,-- ........ -..- ..... ......... ,.. ..........-.......... .......--. .......... ..." ...... ,......... ..-. ....... ......... ....".H........ ... .............. ...... __... . .__. ... .........._......., ....._....H....... : Total Project Budget: $316,415.00 i i. ..... ....... .-... ........ .......~ ... ................ ........... ................~...........~............ ............ .... ... ....................... ....~................___ ... .....~.................._ ............ .H....... .. .._ _ ...... ........_ .......... .................._.......~..._ ."........ ....,....... '._.-..... ...... .........' ,... !...Q~~~EJ:i'~~.d.-~g~~l!E.~l:l.~:~~Q~~2~.~QQ.. ......... . ... ._.. ...._m_.. ."_m ... ..........._. ...... __. ... ....__ l!.1l11i{!1!:g!l:~qllf!.S.tf!i{I!f!"!~"!~!L~~'!r.tf!fN.f!J-Y.If.0:.'!l!.~~!..C;().l!'!ty!1'!t:.~ .... ... . .. m .__. .. _.. ... "..._._ Year (2007-2008) . $241,516.00 ............... ._" ..,................ .. ... .-..............- .... ...... .....-.... ..................................-_..~ ......- ......................H ....... .. ........"...............,.............. ........_....."...... ........... ... ...,... ... ... .-.... .. ... ,................." . ....... .~.. Total $241,516.00 i Request ......._..-~..,..........._......_. ...... ...... ..-...........................................-..-. . ......... -... ....................... .........H. ................ .._....H. ...._............... ............- ....."..................,..-......... . ......... ..........--..... ........~......." ........-....... .... .......... . ...-_. .... .............." : Signatures l:dicatecomPI&~nd~CCUra(;y ofp!op?~<lI.pa(;~el:._. .. __.. . '{)me; ~ d___ --- -- ----I.L'W~ ...... ..... Prog a Contact Person Date .- . - ~~~~ Contrac~_ ~- ..-~~--.....~-.-..~;~~--i! ---= 22 Attachment # 2 Projected Budget Projected Line Item Planning Budget for Direct Services Provider Activity Partnership: Smart Start of New Hanover County, Inc. jFiscal Year: 2007-08 Direct Services Provider: NHC Public Library Smart In-Kind Cash Total Contract #: Activity #: Start Funds Match Funds Activity Name: Funds Amount Amount Amount 11) Personnel $208,427.00 $25,042.00 $233,469.00 12) Contracted Services $2,000.00 $2,000.00 13) Total Personnel/Contracted Services $210,427.00 $25,042.00 $0.00 $235,469.00 14) Office Supolies & Materials $300.00 $200.00 $500.00 15) Service-Related Supplies & Materials $650,00 $650.00 161 Total Suoolies & Materials $950.00 $200.00 $0.00 $1,150.00 171 Travel $4,374.00 $3,000.00 $7,374.00 18) Communications & Postaoe $200.00 $200.00 19) Utilities $0.00 201 Printing & Binding $1,600.00 $550.00 'c' $2,150.00 21) Repair & Maintenance $0.00 22) Meetino/Conference Expense $150.00 $300.00 $450.00 23) Emplovee Training (no travel) $1,015.00 $1,015.00 24) Advertising $0.00 25) Not Available for Use $0.00 26) Total. Non-Fixed ODeratina Expenses $7,339.00 $3,850.00 $0.00 $11,189.00 27) Office Rent (Land, Buildinos, etc.) $16,207.00 $16,207.00 28) Fumiture Rental $0.00 29) Eouipment Rental (Phones, Computer, etc.) $0.00 30\ Not Available for Use $0.00 31) Dues & Subscriptions $0.00 32) Insurance & Bondino $0.00 33\ Books (Library Reference Materials) $10,000.00 $30,000.00 $4,000.00 $44,000.00 34) Not Available for Use $0.00 35) Other Expenses $0.00 36) Total Fixed Charges & Other Expenses $10,000.00 $46,207.00 $4,000.00 $60,207.00 37) Not Available for Use $0.00 38\ Not Available for Use $0.00 39) Fumiture/Non-Computer Eqpt., $500+ per item $0.00 401 Computer Eouipment'Printers, $500+ per item $900.00 $900.00 41fFumiture/Eqpt., under $500 per item $0.00 42) Total Property & Equipment Outlay $0.00 $900.00 $0.00 $900.00 43) Purchases of Services $0.00 44) Not Available for Use $0,00 45) Awards (Stipends/Scholarshios \ $0.00 46) Cash Grants $0.00 47\ Non-Cash Grants $12,800.00 $12,800.00 481 Total Services/Contracts/Grants $12,800.00 $0.00 $0.00 $12,800.00 50) Total BudQeted Expenditures $241,516.00 $76,199.00 $4,000.00 $321,715.00 -.--- 23 This page intentionally left blank. 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 7 Estimated Time: Page Number: Department: Parks Presenter: Neal Lewis/Michael Keaton Contact: Neal Lewis SUBJECT: Approval of NHC Parks Department Application for $500,000 PARTF Matching Grant for Veterans Park BRIEF SUMMARY: LS3P/Boney Architects has prepared a grant application on behalf of New Hanover County for $500,000 (the maximum amount available), for completion of Phase IV of Veterans Park. The total budget for this phase is $2,000,000, and was included in the 2006 Parks Bond. The grant will ask for funds to complete tennis courts, picnic shelters, walking trail, playground, rest rooms and park amenities. The grant application deadline is January 31 , 2007. The grant award notification is made in May. If approved, work could begin as early as July 2007. The North Carolina Parks and Recreation Trust Fund (PARTF) offers matching grants (50/50) of up to $500,000 per project for acquisition and/or development of public parks facilities. The grants are competitive and are awarded based on a points system. The grants are awarded by the North Carolina Parks and Recreation Trust Fund Authority. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve filing of the PARTF grant application for Veterans Park in the amount of $500,000, authorize Chairman of County Commissioners to sign application, approve associated budged amendment and accept grant if awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: If grant is awarded the matching funds will be from the Parks Bond. The grant dollars would require a dollar for dollar match. ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 25 This page intentionally left blank. 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 8 Estimated Time: Page Number: Department: TAX Presenter: Contact: Patricia Raynor Item Does Not Require Review SUBJECT: New Hanover County and New Hanover County Fire District Collection Reports BRIEF SUMMARY: Collection reports as of December 31, 2006. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ N H CColrptD E C06. wpd 1 paper copy to follow ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 CONSENT AGENDA DATE: ITEM NO. NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 12/31/06 CURRENT TAX YEAR - 2006 AD VALOREM MOTOR VEHICLE ORIGINAL TAX LEVY PER SCROLL $ 119,404,026.20 $ 6,880,535.98 DISCOVERIES ADDED 3,253,075.30 7,965.78 LESS ABATEMENTS - 204208.62 - 92.741.67 TOTAL TAXES CHARGED $ 122,452,892.88 $ 6,795,760.09 ADVERTISING FEES CHARGED .00 .00 LISTING PENALTIES CHARGED 104,707.91 .00 CLEANING LIENS CHARGED .00 .00 TOTAL LEVY $ 122,557,600.79 $ 6,795,760.09 COLLECTIONS TO DATE - 82.578.075.33 4.812.304.59 OUTSTANDING BALANCE $ 39,979,525.46 $ 1,983,455.50 PERCENT AGE COLLECTED 67.38%* 70.81%* BACK TAXES REAL EST A TE AND PERSONAL PROPERTY $ 4,590,639.95 CHARGES ADDED 80,065.34 LESS ABATEMENTS - 71.176.42 TOTAL TAXES DUE $ 4,599,528.87 COLLECTIONS TO DATE - 1.166.866.35 OUTSTANDING BALANCE $ 3,432,662.52 PERCENTAGE COLLECTED 25.37% DEC 2006 FISCAL YTD ROOM OCCUPANCY TAX COLLECTIONS $ 350,106.51 $ 4,759,862.46 RENTAL VEHICLE TAX COLLECTIONS 26,678.47 177,428.36 PRIVILEGE LICENSE COLLECTIONS 1,467.50 19,378.89 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $130,090,466.46. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2006. RESPECTFULLY SUBMITTED, PATRICIA J. RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 67.56% 28 CONSENT AGENDA DATE: ITEM NO. NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 12/31/06 CURRENT TAX YEAR - 2006 AD VALOREM MOTOR VEHICLE ----------------------- --------------- --------------- ORIGINAL TAX LEVY PER SCROLL $ 3,887,203.33 $ 284,798.41 DISCOVERIES ADDED 166,545.53 363.24 LESS ABATEMENTS 35,198.34- 3,667.58- --------------- --------------- TOTAL TAXES CHARGED $ 4,018,550.52 $ 281,494.07 LISTING PENALTIES CHARGED 4,351.92 .00 --------------- --------------- TOTAL LEVY $ 4,022,902.44 $ 281,494.07 COLLECTIONS TO DATE 2,924,054.01- 201,490.74- --------------- --------------- OUTSTANDING BALANCE $ 1,098,848.43 $ 80,003.33 PERCENTAGE COLLECTED 72.69%* 71.58%* BACK TAXES ---------- REAL ESTATE AND PERSONAL PROPERTY $ 147,266.41 CHARGES ADDED 5,280.62 LESS ABATEMENTS 2,078.78- --------------- TOTAL TAXES DUE $ 150,468.25 COLLECTIONS TO DATE 47,878.52- --------------- OUTSTANDING BALANCE $ 102,589.73 PERCENTAGE COLLECTED 31.82% THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2006. ~PECTFULLY SUBMITTED, \ '. ~ ~J 6..n1lll... B. lc.'JD"1.- PATRICIA J. RAYNOR COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 72.61% 29 This page intentionally left blank. 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Consent Item #: 9 Estimated Time: Page Number: Department: TAX Presenter: Contact: Robert Glasgow Item Does Not Require Review SUBJECT: Release of Value BRIEF SUMMARY: Request the following taxpayers be granted the Senior Citizen/Disability Exclusion (applications and letters explaining late filing available upon request): Brink, Sandra 38,489 Brock, Dennis Earle 44,854 Grainger, Gracie 37,386 Heath, Myrtle W. 17,526 Lawhorn, Myertle G. 43,923 Lowell, Edward S. Freda 49,000 Maketa, Dorothy Elise 53,496 Mapson, Nannie E. 40,783 Preston, Martha McCormick 28,991 Smart, Daquilla Life Estate 27,706 Tomasiello, Glenda 38,393 Request the following late list penalties be released as the taxpayer certifies they mailed the listing on time or this was their first offense: Eastern Pizza Products, Inc. 106.33 Request approval of the following delinquent applications for exemption from property tax for the following organization (application and letter explaining late filing are available upon request): Agape Kure Beach Ministries R09405-007-001-000 R09405-007 -002-000 R09405-003-013-000 R09405-003-014-000 General Statute 1 05-312(k) allows the Board of County Commissioners, upon petition of the taxpayer, to compromise, settle, or adjust the county's claim for taxes arising therefrom. The following business has requested an adjustment to their tax value based on this statute: (letter explaining why is available upon request): Minnesota Regis Corp 23,439 4,832 5,532 RECOMMENDED MOTION AND REQUESTED ACTIONS: 31 FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Budget Amendment Consent Item #: 10 Estimated Time: Page Number: BUDGET AMENDMENT Number: 2007-51 DEPARTMENT: Sheriffs Office BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the Controlled Substance Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Controlled Substance Tax: Supplies $2,Hi8 Revenue Decrease Increase Controlled Substance Tax: Controlled Substance Tax $2,168 EXPLANATION: To budget Controlled Substance Tax funds received on 12/20/06. ADDITIONAL INFORMATION: Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 33 This page intentionally left blank. 34 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED Page TIMES ITEMS OF BUSINESS No. 9: 10 a.m. 1. Presentation of New Hanover County Retirement Plaques 37 9:25 a.m. 2. Presentation of New Hanover County Service Awards 39 9:35 a.m. 3. Presentation of Newly Hired County Employees 41 9:40 a.m. 4. Presentation of the Governor's Order of the Long Leaf Pine Award 43 to Dr. Jim Hundley 9:55 a.m. 5. Presentation of the New Hanover County Comprehensive Annual Financial 45 Report for FYE 06/30/2006 will be made by Gary Ridgeway, Director with McGladrey & Pullen, LLP 10:10 a.m. 6. Presentation on the Guardian ad Litem Program 47 10:25 a.m. 7. Presentation by New Hanover Soil & Water Conservation 49 10:35 a.m. 8. Consideration of Creation and Utilization of New Hanover County Seal/Logo 51 10:45 a.m. 9. Consideration of Purchase of 109 Acres of Property on Lords Creek from the 55 North Carolina Coastal Land Trust 10:55 a.m. Break 11 :05 a.m. 10. Public Hearing - Small Cities Community Development Block Grant (CDGB) 79 Program 2004 Scattered Site Housing Program (SSHP) Close-out 11:15 a.m. 11. Public Hearing - North Carolina Small Cities Community Development Block 87 Grant Program 2007 Scattered Site Housing Program 11:25 a.m. 12. Presentation: 2007 County Wide Revaluation 89 11:40 a.m. 13. Meeting of the Water and Sewer District 91 12: 10 p.m. 14. Non-Agenda Items (limit three minutes) 12: 15 p.m. 15. Additional Items County Manager Commissioners Clerk to the Board County Attorney 12:25 p.m. Lunch Break 12:55 p.m. 16. Closed Session Pursuant to G.S. 143-318.11(5) to Instruct the Public Body's Staff Concerning the Position to be Taken by or on Behalf ofthe Public Body in Evaluating Possible Acquisitions of and in Negotiating the Price and Material Terms of Proposed Contracts for Real Property 35 1:30 p.m. ADJOURN This page intentionally left blank. 36 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 1 Estimated Time: Page Number: Department: Human Resources Presenter: Bruce Shell Contact: Libby Moore Item Does Not Require Review SUBJECT: Presentation of New Hanover County Retirement Plaques BRIEF SUMMARY: List of Retirees: Elizabeth P. Summey - Health Department (Physician Extender) - 38 years of service Ronnie L. Ansbach - Engineering (Engineer Construction Inspector) - 20 years of service Stephen T. Edens - Environmental Management (Landfill Manager) - 20 years of service Arlene J. Burns - Library (Library Assistant) - 17 years of service Beverly B. Shareef - Library (Library Associate) - 28 years of service Daryl W. DeVega - Property Management (Trades Specialist) - 21 years of service Annie R. Francois - Property Management (Custodial Supervisor) - 23 years of service Mary J. Daunais - Social Services (Social Worker) - 29 years of service Aldyth J. Baker - Tax Department (Fiscal Support Assistant) - 22 years of service RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present retirement plaques. COMMISSIONERS' ACTIONS/COMMENTS: Presented retirement plaques. 37 This page intentionally left blank. 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 2 Estimated Time: Page Number: Department: Human Resources Presenter: Bruce Shell Contact: Rosetta Bryant Item Does Not Require Review SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: FIVE (5) YEAR: Jean Roesink - Sheriffs Office; Kellly M. Sellers - Sheriffs Office; Jay B. Davis - Sheriff's Office; Evan K. Luther - Sheriffs Office; Angie L. Tyndall - Sheriff's Office; Carol Thiel - Emergency Management; Marnita S. Davis - Juvenile Day Treatment Center; Tammy L. Clarida - Juvenile Day Treatment Center; Curtis S. Jones - Juvenile Day Treatment Center; Gregg W. Minerva - Juvenile Day Treatment Center; Tandy N. Robinson-Davis - Juvenile Day Treatment Center; Michelle Masson - Health Department; Linda T. Smith - Social Services; Patricia Hanes - Health Department TEN (10) YEAR: Gregory R. Thompson - Engineering; Pamela W. Heath - Health Department; Paula M. Marn - Social Services FIFTEEN (15) YEAR: Kenneth W. Sarvis - Sheriff's Office; Jimmie L. Simmons - Sheriffs Office TWENTY (20) YEAR: Mary J. Brantley - Social Services THIRTY (30) YEAR: Peggy R. Heatherley - Register of Deeds RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present awards. COMMISSIONERS' ACTIONS/COMMENTS: Presented service awards. 39 This page intentionally left blank. 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 3 Estimated Time: Page Number: Department: Human Resources Presenter: Bruce Shell Contact: Marlene Carney Item Does Not Require Review SUBJECT: Presentation of Newly Hired County Employees BRIEF SUMMARY: A list of employees will be provided prior to the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize new employees. COMMISSIONERS' ACTIONS/COMMENTS: Recognized new employees. 41 This page intentionally left blank. 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 4 Estimated Time: Page Number: Department: County Manager Presenter: Robert G. Greer Contact: Bruce Shell Item Does Not Require Review SUBJECT: Presentation of the Governor's Order of the long leaf Pine Award to Dr. Jim Hundley BRIEF SUMMARY: Dr. Jim Hundley will be presented the Governor's Order of the Long Leaf Pine Award and honored for 31 years of volunteer service, leadership, and support to institutions, agencies, organizations and individuals. RECOMMENDED MOTION AND REQUESTED ACTIONS: Present award and recognize Dr. Hundley. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present award. COMMISSIONERS' ACTIONS/COMMENTS: Presented award. 43 This page intentionally left blank. 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 5 Estimated Time: Page Number: Department: Finance Presenter: Gary Ridgeway Contact: Avril M. Pinder SUBJECT: Presentation of the New Hanover County Comprehensive Annual Financial Report for FYE 06/30/2006 by Gary Ridgeway, Director with McGladrey & Pullen, llP BRIEF SUMMARY: Presentation to the County Commissioners of the audit for fiscal year ended 06/30/2006. This presentation of the New Hanover County Comprehensive Annual Financial Report for Fiscal Year Ended 06/30/2006 will be made by Gary Ridgeway, Director with McGladrey & Pullen, LLP. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Commissioners approve the New Hanover County Comprehensive Annual Financial Report for FYE 06/30/2006. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation and approve report. COMMISSIONERS' ACTIONS/COMMENTS: Heard report. 45 This page intentionally left blank. 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 6 Estimated Time: Page Number: Department: County Manager Presenter: Liz Kachris-Jones Contact: Bruce Shell Item Does Not Require Review SUBJECT: Presentation on the Guardian ad litem Program BRIEF SUMMARY: Liz Kachris-Jones will give a presentation to share information about the local Guardian ad Litem program. They are advocates for abused and neglected children in the court system. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 47 This page intentionally left blank. 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 7 Estimated Time: Page Number: Department: County Manager Presenter: Shelly Miller Contact: Bruce Shell SUBJECT: Presentation by New Hanover Soil & Water Conservation BRIEF SUMMARY: Shelly Miller with New Hanover Soil & Water Conservation will give a presentation on the District's current projects. Bill Hart, a District Supervisor may make comments as well. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 49 This page intentionally left blank. 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 8 Estimated Time: Page Number: Department: County Manager Presenter: Mark Boyer, Public Information Officer Contact: Mark Boyer, Public Information Officer SUBJECT: Consideration of Creation and Utilization of New Hanover County Seal/logo BRIEF SUMMARY: At the Board's January 8, 2007 meeting, a public hearing was conducted to receive public comment on utilization of a new combination seal/logo. A motion to table the item until the next meeting passed 4-1, Caster opposing. The Board requested a more formal estimate of costs involved in replacing vehicle decals, flags and other items featuring the current logo or seal. Vehicle decals: According to Property Management, each vehicle decal costs $12.85. The County has approximately 300 vehicles in its fleet. Flags: Prices are based on quantity and quality. Embroidered flags with fringe cost approximately $600 each. These are posted in the historic courthouse assembly room, and conference room 601 at the NHC Government Center. All weather- silk screened flags are considerably less expensive, at $35-$45 each. Highway signage: According to NC DOT, large welcome signs such as those on 1-40 cost $1,000. Stationary: Most departments no longer have large amounts of letterhead printed and keep stationary on their desktops. Business cards: $32/1,000. Many departments are currently in need of having new cards printed with new addresses and telephone numbers and have been awaiting a decision on the new seal. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider new seal/logo. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Attached is the proposed seal/logo. [II ........ ~~ EV';' LOGO .t~ REVIEWED BY: 51 LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider new seal/logo. COMMISSIONERS' ACTIONS/COMMENTS: A motion to approve the new seal/logo was approved 3-2, Kopp and Greer opposing. The new seal/logo will be phased in over time. 52 . · ~S \11-'" J'ABLISHf,\) 53 This page intentionally left blank. 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 9 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe, Neal Lewis SUBJECT: Consideration of Purchase of 109 Acres of Property on lords Creek from the North Carolina Coastal land Trust BRIEF SUMMARY: The Coastal Land Trust has been awarded a grant to purchase approximately 109 acres of land along Lords Creek in Southern New Hanover County. Once the Land Trust purchases this land, they wish to bargain sell the property to the County to be held in fee simple ownership permanently. The terms of the grant require that a conservation easement restricting uses of the site be given to the State of North Carolina. The easement allows the site to be used for passive recreation purposes. The property is mostly marshland but does offer several acres of uplands suitable for picnic shelters, trailways, rest rooms and canoe/kayak launching. The ability to provide vehicular access to the property ultimately may define the extent to which it can be used by the public at large. The property is currently owned by the Burnett family. As a condition for the bargain sale, the Burnett family would like the park to be known as the "John and Ruth Burnett Natural Area". The family hopes to complete this sale by the end ofthis month. Camilla Herlevich, Executive Director for the Coastal Land Trust, has requested that the County provide $30,000 to the Trust as a fee to defray their costs in this effort. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider authorizing staff to sign the conservation agreement, purchase the property for the sum of ten dollars ($10) and pay the Coastal Land Trust a fee of thirty thousand dollars ($30,000) for their work towards acquiring this land. The $30,000 will be funded by proceeds from the Parks Bonds. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ lords creek. jpg N CCLT -Lord's Creek Conservation Easement (U SET HIS 0 N E)( v1). DOC ~ N CCLT Deed to New Hanover County (Lord's Creek)( v1 )1. DOC REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A 55 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 56 ... I iii I" .. -.' '.~,,"~- I. 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II. --..-.-..... . _.11I This page intentionally left blank. 58 Prepared by: Smith Moore LLP 300 N. 3rd Street, Suite 301 Wilmington, NC 28401 Return after recording to: Wanda Copley, Attorney at Law New Hanover County Attorney 320 Chestnut Street, Room 309 Wilmington, NC 28401 CONSERV A nON EASEMENT CAPE FEAR RIVER BASINILORD'S CREEK PROPERTY STATE OF NORlH CAROLINA PIN: R081()()..()()6...(86-000; COUNTY OF NEW HANOVER R08100-006-48-000; R08100-006-002-00 Grant No.: 2004B-028 THIS CONSERV A nON EASEMENT ("Conservation Easement") is made on this _ day of , 2006, by and between NEW HANOVER COUNTY, NORTH CAROLINA, a body politic, with an address at , Wilmington, NC 28401 ("Grantor") and the STATE OF NORTH CAROLINA, with its address c/o State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321 ("State" or "Grantee"), acting solely through the North Carolina Clean Water Management Trust Fund, with its address at 1651 Mail Service Center, Raleigh, NC 27699-1651 ("Fund"). 1 59 RECITALS & CONSERVATION PURPOSES A. Grantor is the sole owner in fee simple of the property containing 109.525 +/- acres, more or less, in New Hanover County, State of North Carolina and being all of that certain tract as more particularly described in Exhibit A attached hereto and by this reference incorporated herein ("Property"). B. The State of North Carolina will be the Grantee and Holder of this Conservation Easement. C. The Clean Water Management Trust Fund ("Fund") is an agency of the State of North Carolina and is authorized by Article 13A, Chapter 113 of the North Carolina General Statues to finance projects and to acquire land and interests in land, including conservation easements for riparian buffers for the purpose of providing environmental protection for surface waters and urban drinking water supplies. D, Grantor's predecessor in title, North Carolina Coastal Land Trust, a North Carolina non-profit corporation with an address of 131 Racine Drive, Suite 101, Wilmington NC 28403 ("Trust") has received a grant from the Fund identified as Grant Agreement No. 2004B- 028 ("Grant Agreement") for funding of acquisition of the Property. In consideration for conveyance of said Property by Trust and in further consideration of said grant from the Fund, Grantor has agreed that the Property will be conserved and managed in a manner that will protect the quality of waters of Lord's Creek and its tributaries, and otherwise promote the public purposes authorized by Article 13A, Chapter 113 of the N.C.G.S. E. Grantor and Grantee recognize that the Property is comprised of Lord's Creek and its tributaries which are located in the Cape Fear River Basin, which is deemed by the State of North Carolina to qualify as a riparian buffer, addressing the cleanup and prevention of pollution of the State's surface waters, and the establishment of a network of riparian buffers. Moreover, Grantor and Grantee recognize that the Property is within the Lord's Creek Marshes and Swamps Natural Heritage site, designated by the N. C. Natural Heritage Program as nationally significant heritage site and has other significant fish and wildlife, open space and natural heritage values, F. Grantor, Trust, State and Fund (collectively referred to herein as the "Parties") intend that the conservation and water quality values of the Property in its present state will be preserved and maintained according to those purposes set forth by said Grant Agreement entered into between the Trust and the Clean Water Management Trust Fund dated April 28, 2005, incorporated herein by reference, and available for inspection in the offices of the North Carolina Department of Environment and Natural Resources, Grantor and the Clean Water Management Trust Fund; and G. Grantor has agreed to convey a Conservation Easement on the Property to the State to preserve, enhance, restore, and maintain the natural features and resources of the Property, to provide habitat for native plants and animals, to improve and maintain water quality, and to control runoff of sediment (hereinafter the "Conservation Values"). 2 60 H. The Parties acknowledge that the characteristics of the Property, its current use and state of improvement are described in Exhibit B, which is the appropriate basis for monitoring compliance with the objectives of preserving the conservation and water quality values. The Exhibit B is not intended to preclude the use of other evidence (e.g. surveys, appraisals) to establish the present condition of the Property if there is a controversy over its use. NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the Grantor hereby unconditionally and irrevocably gives, grants and conveys forever and in perpetuity to the Grantee, its successors and assigns, and the Grantee hereby accepts, a Deed of Conservation Easement of the nature and character and to the extent hereinafter set forth in, over, through and across the Property, together with the right to preserve and protect the conservation values thereof as described in the Recitals herein. The purposes of this Conservation Easement are to provide environmental protection for surface waters and to protect the wildlife and natural heritage values and it shall be so held, maintained, and used therefore. It is the further purpose of this Conservation Easement to prevent any use of the Property that will significantly impair or interfere with the preservation of said conservation values. Grantor intends that this Conservation Easement will restrict use of the Property to such activities as are consistent with the purposes of conservation. ARTICLE I. DURATION OF TillS CONSERVATION EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, its representatives, successors, assigns, lessees, agents and licensees. ARTICLE II. RIGHTS RESERVED TO GRANTOR Grantor reserves certain rights accruing from ownership of the Property and Property, including the right to engage in or permit others to engage in uses of the Property that are not inconsistent with the purpose(s) of this Conservation Easement. All rights reserved by Grantors are reserved for Grantors, their representatives, successors, and assigns, and are considered to be consistent with the conservation purposes of this Conservation Easement. The following rights are expressly reserved: A. Passive Recreational Use, Grantor reserves the right to engage and to permit others to engage in passive recreational uses of the Property requiring minimal or no surface alteration of the land, so long as related alterations, construction, improvements, maintenance, activities and uses pose no threat to the conservation values ofthe Property. B. Public Use and Access. Grantor reserves the right to allow public access and use of the Property for the purpose of creating a public park with associated recreational activities, including, without limitation, conducting educational tours, scientific study, animal/plant observation, walking, biking, fishing, picnicking, and any other purposes consistent with these accepted uses and maintaining conservation values. To accomplish the above uses, the Grantor 3 61 may construct restroom facilities, a gazebo, observation/viewing platforms, boardwalks, ramps, steps, one (1) kayak landing, pedestrian foot bridges, picnic tables, a maintenance and utility shed, natural wooded fencing and or landscaping screening, a gated entrance, allowable utility crossings, and an access road and associated parking area, as approved by the Fund. All improvements shall be subject to the prior approval of the Fund and to the terms and conditions set forth in that certain Memorandum of Understanding, approved amendments made thereto by the Fund, and entered into between the Grantor and Fund on , incorporated herein by reference, and available for inspection in the offices of the Grantor and Fund. C. Greenwav Trails. Grantor reserves the right to construct and maintain paved or unpaved greenway trails on the Property. All trails must be located at a minimum distance of fifteen feet (15') from the top of the bank of Lord's Creek and its tributaries, unless such locations are physically impracticable or applicable local and state regulations otherwise govern. In the construction of such trails and when required by the terrain, boardwalks, ramps, handrails, and steps are permitted herein. The Grantor may also construct and maintain park benches, litter receptacles, and trail/feature signs along the greenway trails. D. Encroachment for Existing and New Utilities. The Parties acknowledge that the Grantor may in the future be required to construct, maintain and repair new and existing utility improvements within the Property subject to this Conservation Easement. The Grantor agrees that such construction area may be conducted and minimized to include only that portion of the Property as necessary. All such improvements and uses shall minimize adverse impacts upon the Conservation Values of the Property and shall otherwise be subject to all regulatory requirements and approvals. All improvements for said utility improvements shall be subject to and adhere to the terms and conditions set forth in the aforementioned Grant Agreement, Memorandum of Understanding and approved amendments made thereto by the Fund. The Grantor shall provide to the Fund evidence that all utility maintenance, repair and construction within the Property is performed according to the requirements set out herein. Notwithstanding the foregoing, all amenities and improvements shall be subject to the prior approval of the Fund and to the terms set forth in the aforementioned Grant Agreement. The Grantor shall have the right and duty to maintain the Property in a clean, natural and undisturbed state, and shall remain the fee owner of the Property for purposes of applicable land use regulations, and other applicable laws and ordinances. The total cleared, and not re- vegetated, pervious and impervious surface areas associated with all aforesaid improvements, including, but not limited to, the greenway trail, restroom facilities, gazebo, observation/viewing platforms, boardwalks, ramps, steps, one (1) kayak landing, pedestrian footbridges, maintenance and utility shed, natural wooded fencing, and or landscaping screening, gated entrance, utility crossings, access road and parking area etc., shall not exceed ten percent (10%) of the total area of the Property. All amenities and improvements shall be subject to the prior approval of the Fund and to the terms set forth in the aforementioned Grant Agreement. Furthermore, the Parties have no right to agree to any activity that would result in the termination of this Conservation Easement. ARTICLE III. PROHIBITED AND RESTRICTED ACTMTIES 4 62 Any activity on, or use of, the Property inconsistent with the purposes of this Conservation Easement is prohibited. The Property shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Conservation Easement set forth above. Except for those rights specifically reserved to Grantor in Article II and the aforesaid Memorandum of Understanding dated the _ day of ,200_ and Fund-approved amendments thereto, and without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A Industrial and Commercial Use. Industrial and commercial activities and any right of passage for such purposes are prohibited on the Property. B. Agricultural. Timber Harvesting, Grazing and Horticultural Use. Agricultural, timber harvesting, grazing, horticultural and animal husbandry operations are prohibited on the Property. C. Disturbance of Natural Features. Plants and Animals. There shall be no cutting or removal of trees, or the disturbance of other natural features except for the following: (1) as incidental to boundary marking, fencing, signage, construction and maintenance of nature trails and public access allowed hereunder; (2) selective cutting and prescribed burning or clearing of vegetation and the application of mutually approved pesticides for fire containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants; subject however, to the prior approval of Fund; and (3) hunting and trapping to the extent necessary to keep the animal population within numbers consistent with the ecological balance of the area and as pursuant to federal, state and local rules and regulations; and (4) fishing pursuant to applicable federal, state and local rules and regulations, D. Construction of Buildings and Recreational Use. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier landing, dock or any other temporary or permanent structure or facility on or above the Property except for the following: placing and display of no trespassing signs, local, state or federal traffic or similar informational signs, for sale or lease signs, fencing, signs identifying the conservation values of the Property, and/or signs identifying the Grantor as fee simple owner of the Property, and State as holders of this Conservation Easement the Fund as a source of funding for the acquisition of the Property, and Trust as partner in the acquisition of the Property, educational and interpretative signs, identification labels or any other similar temporary or permanent signs, reasonably satisfactory to the Fund. E. Mineral Use, Excavation. Dredging, There shall be no filling, excavation, dredging, mining or drilling, no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or incidental to any conservation management or public use activities otherwise permitted in this Conservation Easement. 5 63 F. Wetlands and Water Ouality. There shall be no pollution or alteration of water bodies and no activities that would be detrimental to water purity or that would alter natural water levels, drainage, sedimentation and/or flow in or over the Property or into any surface waters, or cause soil degradation or erosion nor diking, dredging, alteration, draining, filling or removal of wetlands, except activities to restore natural hydrology or wetlands enhancement as permitted by state and any other appropriate authorities. G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, or machinery, or other materials on the Property is prohibited. H. Conveyance and Subdivision. The Property may not be subdivided, partitioned nor conveyed from the Property, except in its current configuration as an entity or block of the Property. I. Mitigation. There shall be no use of the Property or any portion thereof to satisfy compensatory mitigation requirement under 33 U.S.C. Section 1344 or N.C.G.S. 143-214.11. ARTICLE IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Property that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Property by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement, including, without limitation, those set forth in the Grant Agreement under which this Conservation Easement was obtained. B. Right of Entry and Inspection. Grantee, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Property at reasonable times for the purpose of inspecting the Property to determine whether the Grantor, Grantor's 6 64 representatives, or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Changed Conditions. The grant or donation of this Conservation Easement gives rise to a property right immediately vested in Grantee, with a fair market value equal to the proportionate value that the Conservation Easement bears to the value ofthe Property as a whole, That proportionate value of Grantee's property rights shall remain constant. If a change in conditions occurs, which makes impossible or impractical any continued protection of the Property for conservation purposes, the restrictions contained herein may only be extinguished by judicial proceeding. Upon such proceedings, such portion shall be equal to the proportionate value that Grantees', its successors' and assigns', interest in the Property bears to the value of the Property as a whole as of the date of the recording of this Conservation Easement. "Proceeds of Sale" shall mean the cash value of all money and property paid, transferred or contributed in consideration for, or as otherwise required as a condition to the sale, exchange or involuntary conversion of the Property, or any damages otherwise awarded as a result of judicial proceeding, minus the Grantor's expenses from such transaction or proceeding. Grantee, its successors and assigns, shall use its share of the proceeds of sale in a manner consistent with the conservation purposes set forth herein. D. Condemnation. Whenever all or part of the Property is taken by exercise of eminent domain by public, corporate or other authority, or by negotiated sale in lieu of condemnation, so as to abrogate the restrictions imposed by this Conservation Easement, the Grantor shall immediately give notice to Grantee, State and the Fund, and shall take all appropriate actions at the time of such taking or sale to recover the full value of the taking and all incidental or direct damages resulting from the taking, which any proceeds recovered in such actions shall be divided in accordance with the proportionate value of Grantor's and Grantee's interests as specified herein; all expenses including attorneys' fees incurred by Grantor and Grantee in such action shall be paid out of the recovered proceeds to the extent not paid by the condemning authority. The Grantee, its successors and assigns, shall be entitled to a portion of the proceeds of such sale, exchange, involuntary conversion of the Property, or any damage award with respect to any judicial proceeding. Such portion shall be equal to the proportionate value that Grantees', its successors' and assigns' interest in the Property bears to the value of the Property as a whole as of the date of the recording of this Conservation Easement. "Proceeds of Sale" shall mean the cash value of all money and property paid, transferred or contributed in consideration for, or as otherwise required as a condition to the sale, exchange or involuntary conversion of the Conservation Area, or any damages otherwise awarded as a result of judicial proceeding, minus the Grantor's expenses from such transaction or proceeding, Grantee, its successors and assigns, shall use its share of the proceeds of sale in a manner consistent with the conservation purposes set forth herein. E. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, 7 65 or mitigate significant injury to life, damage to Property or harm to the Property resulting from such causes. F. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. G. No Waiver. Enforcement of this Conservation Easement shall be at the discretion ofthe Grantee and any forbearance by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or of any other term of this Conservation Easement or of Grantee's rights. No delay or omission by Grantee in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. ARTICLE V. DOCUMENTATION AND TITLE A. Propertv Condition. The parties acknowledge that the Property is currently undeveloped land, with no improvements other than as described in Exhibit B and easements and rights of way of record. B. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property and Property in fee simple and has good right to grant and convey the aforesaid Conservation Easement; that there is legal access to the Property, that the Property is free and clear of any and all encumbrances, except easements, reservations, restrictions and other matters of record, none of which would nullify, impair or limit in any way the terms or effect of this Conservation Easement; Grantor shall defend its title against the claims of all persons whomsoever, and Grantor covenants that the Grantee shall have the use of and enjoy all of the benefits derived from and arising out of the aforesaid Conservation Easement. ARTICLE VI. MISCELLANEOUS A. Subsequent Transfers of the Fee Simple Estate. Grantor hereby covenants and agrees, that in the event it transfers or assigns the Property or any portion thereof, that the transferee of the Property will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, or any successor section, and the regulations promulgated thereunder (the "Internal Revenue Code"), which is organized or operated primarily for one of the conservation purposes specified in Section 170 (h)(4)(A) of the Internal Revenue Code. Grantor agrees for itself, its successors and assigns, to notify Grantee in writing of the names and addresses of any party to whom the Property, or any part thereof, is to be transferred at or prior to the time said transfer is consummated. Grantor, for itself, its successors and assigns, further agrees to make specific reference to this Conservation Easement in a separate paragraph of any subsequent lease, deed or other legal instrument by which any interest in the Property is conveyed. Furthermore, Grantor agrees for itself, its successors and assigns, that in the event it transfers the Property, or any portion thereof, to continue to provide the right of entry over and across the Property for the purposes of monitoring and observation. 8 66 B. Conservation Purpose and Subsequent Transfer of the Conservation Easement. (1) Grantee, for itself, its successors and assigns, agrees that this Conservation Easement shall be held exclusively for conservation purposes. (2) The parties hereto recognIze and agree that the benefits of this Conservation Easement are in gross and assignable, provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code, which is organized or operated primarily for one of the conservation purposes specified in Section 170 (h) ( 4)(A) of the Internal Revenue Code, and Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the contribution was originally intended to advance, set forth in the Recitals herein. Grantor, its successors or assigns, hereby covenants and agrees that North Carolina Coastal Land Trust shall have the perpetual and assignable right to monitor and observe the Property in perpetuity for such purposes set forth by this Conservation Easement and Grant Agreement, and to report to the Fund and the State any observed violations on the Property. The North Carolina Coastal Land Trust shall be released from the obligation to monitor the Conservation Easement with the written approval of the Fund, to a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, or any successor section, and the regulations promulgated there under (the "Internal Revenue Code") which is organized or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Internal Revenue Code. (3) The Parties recognize and agree that the Property is open for public entry and use, and shall be open to entry and use equally by all persons, regardless of race, color, creed, national origin, sex, or residence, subject to reasonable published and posted rules governing use of the Property by the Grantor, as approved by the Fund, and consistent with the conservation purposes provided by this Conservation Easement. C. Construction of Terms. This Conservation Easement shall be construed to promote the purposes of the North Carolina enabling statute set forth in N.C.G.S. 121-34~.~. which authorizes the creation of Conservation Easements for purposes including those set forth in the Recitals herein, and the conservation purposes of this Conservation Easement, including such purposes as are defined in Section 170(h)(4)(A) ofthe Internal Revenue Code. D Recording. State shall record this instrument and any amendment hereto in timely fashion in the official records of New Hanover County, North Carolina, and may re-record it at any time as may be required to preserve its rights. E. Notices. All notices, requests or other communications permitted or required by this Agreement shall be sent by registered or certified mail, return receipt requested, addressed to the parties as set forth above, or to such other addresses such party may establish in writing to the other. All such items shall be deemed given or made three (3) days after being placed in the 9 67 United States mail as herein provided. In any case where the terms of this Conservation Easement require the consent of any party, such consent shall be requested by written notice. Such consent shall be deemed denied unless, within ninety (90) days after receipt of notice, a written notice of approval and the reason therefore has been mailed to the party requesting consent. F. Amendments. Grantor and Grantee are free to jointly amend this Conservation Easement to meet changing conditions, provided that no amendment will be allowed that is inconsistent with the purposes of this Conservation Easement or affects the perpetual duration of this Conservation Easement. Such amendment(s) require the written consent of both Grantor and Grantee and shall be effective upon recording in the public records of New Hanover County, North Carolina. G. Environmental Condition of Property. The Grantor warrants, represents and covenants to the Grantee that to the best of its knowledge after appropriate inquiry and investigation that: (a) the Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations, and (b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Property or used in connection therewith, and that there is no environmental condition existing on the Property that may prohibit or impede use of the Property for the purposes set forth in the Recitals and the Grantor will not allow such uses or conditions. H. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. The party (ies) hereto intends this document to be an instrument executed under seal. If any party is an individual, partnership or limited liability company, such party hereby adopts the word "SEAL" following his/her signature and the name of the partnership or limited liability company as hislher/its legal seal. The Recitals set forth above and the Exhibits attached hereto are incorporated herein by reference. I. Indemnity. To the extent allowed by law, Grantor agrees to defend, protect, indemnify, and hold harmless the Grantee, its successors and assigns, from and against all claims, actions, liabilities, damages, fines, penalties, costs and expenses resulting from (1) its intentional or negligent misrepresentation of the environmental condition of the Property; or (2) any action or forbearance by the Grantor in the future which causes or contributes to the existence of any environmentally hazardous or illegal condition on the Property harmful to the environmental, conservation or water quality values ofthe Property. J. Interpretation. This Conservation Easement shall be construed and interpreted under the laws of the State of North Carolina, and any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes sought to be protected herein. 10 68 K. Parties. Every provision of this Conservation Easement that applies to the Grantors or to the Grantee shall likewise apply to their respective representatives, successors, assigns, and grantees, and all other successors in interest herein. L. Merger. The parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Property or any portion thereof. M. Subsequent Liens. No provisions of this Conservation Easement shall be construed as impairing the ability of Grantors to use the Property for collateral for borrowing purposes, provided that any mortgage or lien arising therefrom shall be subordinated to this Conservation Easement. TO HAVE AND TO HOLD unto THE STATE OF NORTH CAROLINA, its successors and assigns, forever. The covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall be binding upon Grantor, Grantor's representatives, successors and assigns, and shall continue as a servitude running in perpetuity with the Property. IN WITNESS WHEREOF, Grantor, by authority duly given, has hereunto caused these presents to be executed by its officers and its seal affixed, to be effective the day and year first above written. NEW HANOVER COUNTY (SEAL) , Chairman New Hanover County Board of Commissioners ATTEST: STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public in and for said County and State aforesaid, do hereby certify that personally came before me this day and acknowledged that she is Clerk to the Board of the New Hanover County Board of Commissioners, a body politic, and that by authority duly given and as the act of the body politic the foregoing instrument was signed in its name by , its Chairman, sealed with its corporate seal, and attested by herself as its Clerk to the Board. Witness my hand and notarial seal, this _ day 2006. 11 69 (seal) Notary Public: My commission expires 12 70 EXHIBIT A PROPERTY DESCRIPTION TRACT A Being all of that certain real property lying and being in or near New Hanover County, North Carolina, described as follows: Being all of that certain tract of land containing 92.795 acres and identified as "Tract A 92.795 acres" as shown on a map entitled "Boundary Survey State of North Carolina, Clean Water Management Trust Fund and North Carolina Coastal Land Trust - CWMTF #2004B-028 Burnett Tract - 109.525 acres" prepared by McKim & Creed dated September 7, 2005 and recorded on , 2006 in Map Book _ at Page _ of the New Hanover County Registry. TRACT B Being all of that certain real property lying and being in or near New Hanover County, North Carolina, described as follows: Being all of that certain tract of land containing 16.730 acres and identified as "Tract B 16.730 acres" as shown on a map entitled "Boundary Survey State of North Carolina, Clean Water Management Trust Fund and North Carolina Coastal Land Trust - CWMTF #2004B-028 Burnett Tract - 109.525 acres" prepared by McKim & Creed dated September 7, 2005 and recorded on , 2006 in Map Book _ at Page _ of the New Hanover County Registry. 13 71 EXHIBIT B Characteristics of the Property to include its current use, state of improvements, water quality sensitive species, including rare and endangered species. Current Use: Silvicultural and hunting use. State oflmprovements: The property is currently undeveloped and unimproved. Water Qualitv Sensitive Species: None known. 14 72 EXHIBIT C "PERMITTED EXCEPTIONS TO TITLE" 1. Liens for taxes, assessments and other governmental charges which are not yet due and payable as of the date hereof. 2. Any rights, easements, interests, claims or other matters revealed on survey entitled "Boundary Survey State of North Carolina, Clean Water Management Trust Fund and North Carolina Coastal Land Trust - CWMTF #2004B-028 Burnett Tract - 109.525 acres" prepared by McKim & Creed, dated September 7, 2005. 3. Riparian rights and title to land within roads, ways, railroads, watercourses, burial grounds, marshes, dredged or filled areas or land below the mean highwater mark or within the bounds of any adjoining body of water. TRACT "A" ONLY: 4. Title to any portion of the land lying within the right of way of River Road (SR 1100); rights of others in and to said right of way. 5. Terms and conditions contained in deed recorded in Book 956, Page 823, New Hanover County Registry. TRACT "B" ONLY: 6. Easements, setback lines and any other matters shown on plats recorded in Map Book 41, Page 55; Map Book 45, Page 398; Map Book 47, Page 393. 15 73 Prepared By and Return To: Smith Moore LLP (DAP) 300 North Third Street, Suite 301 Wilmington, North Carolina 28401 STATE OF NORTH CAROLINA GENERAL WARRANTY DEED COUNTY OF NEW HANOVER Tax Parcel Nos.: R08100-006-086-000; R08100-006-48-000; R081 00-006-002-00 THIS DEED, made this _ day of , 200_, by and between NORTH CAROLINA COASTAL LAND TRUST, a North Carolina non-profit corporation ("Grantor") and NEW HANOVER COUNTY, a body politic, having an address of (the "Grantee"). WIT N E SSE T H: The Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration to it in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto the Grantee, its successors and assigns forever, all that certain real property located in the County of New Hanover, North Carolina, and described in Exhibit A attached hereto and incorporated herein by reference (the "Property"). NC Bar Association Form No.3 @ 1976, Revised @ 1977,2002 74 The Property is subject to the Conservation Easement dated between New Hanover County and State of North Carolina and recorded in the New Hanover County Registry in Deed Book _, Page _' The Property shall be managed by the New Hanover County Parks Department and its use shall be limited to a nature park and canoe/kayak landing. TO HAVE AND TO HOLD the above granted and described Property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the Grantee, its successors and assigns, in fee simple, forever. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the following exceptions: 2007 ad valorem taxes; easements and rights-of-way recorded in the New Hanover County Register of Deeds as of the date hereof. [SIGNATURE PAGE TO FOLLOW] NC Bar Association Form No.3 @ 1976, Revised @ 1977,2002 75 IN TESTIMONY WHEREOF, the Grantor has hereunder executed this Deed as of the day and year first above written. GRANTOR: NORTH CAROLINA COASTAL LAND TRUST, a North Carolina non-profit corporation By: [CORPORATE SEAL] Name: Title: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , aN otary Public for and in the aforesaid county do hereby certify that the following person (s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: WITNESS my hand and official seal, this _ day of ,2007. Name: Notary Public My Commission Expires: [NOTARIAL SEAL] NC Bar Association Form No.3 @ 1976, Revised @ 1977,2002 76 EXHIBIT A PROPERTY DESCRIPTION TRACT A Being all of that certain real property lying and being in or near New Hanover County, North Carolina, described as follows: Being all of that certain tract of land containing 92.795 acres and identified as "Tract A 92.795 acres" as shown on a map entitled "Boundary Survey State of North Carolina, Clean Water Management Trust Fund and North Carolina Coastal Land Trust - CWMTF #2004B-028 Burnett Tract - 109.525 acres" prepared by McKim & Creed dated September 7, 2005 and recorded on ,2006 in Map Book _ at Page _ of the New Hanover County Registry. TRACT B Being all ofthat certain real property lying and being in or near New Hanover County, North Carolina, described as follows: Being all of that certain tract of land containing 16.730 acres and identified as "Tract B 16.730 acres" as shown on a map entitled "Boundary Survey State of North Carolina, Clean Water Management Trust Fund and North Carolina Coastal Land Trust - CWMTF #2004B-028 Burnett Tract - 109.525 acres" prepared by McKim & Creed dated September 7, 2005 and recorded on ,2006 in Map Book _ at Page _ of the New Hanover County Registry. NC Bar Association Form No.3 @ 1976, Revised @ 1977,2002 77 This page intentionally left blank. 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 10 Estimated Time: Page Number: Department: Planning Presenter: Wanda Coston Contact: Wanda Coston Item Does Not Require Review SUBJECT: Public Hearing - North Carolina Small Cities Community Development Block Grant (CDGB) Program 2004- Scattered Site Housing Program (SSHP) Close-out BRIEF SUMMARY: Federal and State CDBG regulations require that a public hearing is conducted to solicit citizen comments concerning the close-out of the County's 2004 SSHP. The $400,000 grant was used to provide housing rehabilitation assistance to 11 very low-income owner-occupied households. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request that the Commissioners conduct public hearing for citizens' comments in order to comply with the CDGB requirements. Request Chairman's signature on the Close-out Performance Report for Submission to the NC Department of Commerce, Division of Community Assistance. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: 1 Explanation: ATTACHMENTS: ~ ~ ~ ...::.; .". ~.I :: . ~......... Scattered Site Close Out-Report.xls Scattered Site Oase Out-.2.dm!nistration xis Scattered Site Oase Out-HGlusinQxls ~ Scattered Site Oase Out-Certific:ate Completion xis ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing and approve close-out report. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing and approved 5-0. 79 NORTH CAROLINA DEPARTMENT OF COMMERCE DIVISION OF COMMUNITY ASSISTANCE SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CLOSEOUT PERFORMANCE REPORT Grantee Name: New Hanover County Grant Number: 04-C-1250 Grantee Address: 230 Marketplace Drive, Suite 175 Wilmington, NC 28403 1. Citizens' Written Comments. (Attach the following three items unless each item was previously submitted to DCA, in which case they may be incorporated by reference.) a. A copy of each written citizen comment, which was received during the reporting period on the grantee's community development performance under this grant; b. The grantee's assessment of the comment; and c. A description of any action taken or to be taken in response to the comment as required by 4 NCAC 19L .1002. 2. The grantee's authorized official representative must certify the following: a. To the best of his/her knowledge and belief, data in this report is true and correct; b. The records described in 4 NCAC 19L .0911 are being maintained and will be made available upon request; and c. In accordance with Section 101 (c)(9) of the Housing and Community Development Act of 1974, the assistance made available under this CDBG grant is not substantially reducing, below the level of support prior to start-up of the CDBG grant reported here, the amount of local financial support for community development activities. William A. Caster Chairman Typed Name of Authorized Representative Title Signature of Authorized Representative Date Preparer Information Name: Wanda B. Coston Address: 230 Marketplace Drive, Suite 150 Wilmington, NC 28403 Telephone Number: (910) 798-7165 80 Applicant New Hanover County Activity Name Administration Grant Number 04-C-1250 Project: Scattered Site Housing Acct Number 1060 C1 X Activity Code 13 L1 - Budgeted $40,000.00 Expended $40,000.00 Proposed Actual Linear Feet _._~. ----- ~roperties Units, Dwelling 16 11 ,- ~ouseholds by percentage of HUD Mfildian Family IncOllle Le~ _~ Above Moderate Income Households> 80% - Moderate Income Households 51-80% Low Income Households 30-50% ~._--- -- Very LOIJIIJ!1s:omeHouseholds <30~_ 16 11 - --- Total Households 16 11 ---- Persons by percentage of HUD Median Family Income Levels ,- _ Above Moderate Income Households> 80% ,-~ Moderate Income Households 51-80% ---~.__. .---- ---.-- Low Income Households 30-50% ---- ---"!ery Low IncomeHeJ.l.lseholds <30%_ 26 21 Total Persons 26 21 --- Jobs ---- I MicroEnterprise -- Female Head of Household 10 9 Hispanic ~, American Indian or Alaska Native Asian -_._-~-_..,...._--~--- ,-- __ Black or African Ameri~ - Native Hawaiian or Other Pacific Islander ,- -~--~ _Whit~ -----..------ American Indian or Alaska Native & White ----'.-- Asian & White --------- Black or African American & White - e-_~mericanlndian or A~aska_Native & Black or African American e- Other Multi-Racial --~- Non-Hispanic I--- " -----'--- American Indian or Alaska native - -- Asian Black or African American 13 9 Native Hawaiian or Other Pacific Islander L--- .. ,,- ~ 81 ---~ ------_.---~-- ---- White 3 1 ------~~ ~-- American Indian or Alaska Native & White -~--- Asian & White -- Black or African American & White ---------~ American Indian or Alaska Native & Black or African American ~- Other Multi-Racial 1 82 Applicant New Hanover County Activity Name Rehabilitation, Private Grant Number 04-C-1250 Project: Scattered Site Housing Acct Number 1042 C1 X Activity Code 9A L1 - Budgeted $360,000.00 Expended $360,000.00 Proposed Actual e- Linear Feet ~.~._- - Properties -~--- ~s, Dwelling 16 11 -- - Households by percentage of HUD Median Family Income Levels - Above Moderate Income Households> 80% ~()derate Income Households 51-80% Low Income Households 30-50% --- __-"!!!..ry Low Income Households <30% -- Total Households 16 11 -- _ Persons by percentage of HUD Median Family Income Levels Above Moderate Income Households> 80% Moderate Income Households 51-80% - _ Low Income Households 30-50% -- Very Low Income Households <30% 26 21 --- Total Persons 26 21 --- - Jobs -,' -- --~- Micro Enterprise Female Head of Household 10 9 e--' ----' -- -- ~il;panic American Indian or Alaska Native ~si~ --- Black or African American --- --- Native Hawaiian or Other Pacific Islander _ White American Indian or Alaska Native & White _ Asian & White c--- Black()[" African American & White American Indian or Alaska Native & Black or African American ---- - __ Other Multi-Racial -- _,",,!on-":Iispanic --"- -- American Indian or Alaska native -~.~.- - Asian Black or African American 13 9 Native Hawaiian or Other Pacific Islander -------- 83 '--'-~.-- ---~.,._- ----~-_._-------_...~ White 3 1 ----_..__._.~-- -----_.-~-_....._~ American Indian or Alaska Native & White -- -- Asian & White -~~"-"-- Black or African American & White --~-_.,-~-- American Indian or Alaska Native & Black or African American Other Multi-Racial 1 1 - 84 CERTIFICATE OF COMPLETION 1. Grantee: New Hanover County 2. Grant Number: 04-C-1250 3. Project Name: 2004 Scattered Site Housin~ for NHC 4. Project Number: C-I -- - Total Costs Approved Program Activity Categories (CoI. b+c) Total Costs (a) (b) (c) (d) (e) a. Acquisition b. Disposition c. Public facilities and improvements (I) Senior and handicapped centers (2) Parks. playgrounds and recreation facilities (3) Neighborhood facilities (4) Solid waste disposal facilities (5) Fire protection facilities and equipment (6) Parking facilities (7) Public utilities, other than water and sewer (8) Water and sewer improvements (9) Street improvements (10) Flood and drainage improvements (II) Pedestrian improvements (12) Other publicfacilities (13) Sewer improvements (14) Water improvements d. Clearance activities e, Public services f. Relocation assistance g. Construction, rehab, and preservation activities (I) Construction or rehab. of com. & indus\. bldgs. (2) Rehabilitation of privately owned buildings 360,000.00 360,000.00 (3) Rehabilitation of publicly owned buildings (4) Code enforcement (5) Historic preservation h, Development financing (I) Working capital (2) Machinery and equipment i. Removal of architectural barriers j. Other activities k. Subtotal $ 360,000.00 I. Planning 400,000.00 m. Administration 40,000 n. Total $ 400,000.00 400,000.00 o. Less: Program Income Applied to Program Costs p. Equal: Grant Amount Applied to PrOl,ram Costs $ 400,000,00 400,000,00 Description - (a) Amount Approved Amount (b) (c) 1) Grant Amount Annlied To Program Costs (From Line p) $ 400,000.00 (2) Estimated Amount For Unsettled Third - Partv Claims $ - (3) Subtotal $ 400,000.00 (4) Grant Amount Per Graot Agreement $ 400,000,00 5) Unutilized Grant To Be Canceled (Line 4 Minus Line 3) (6) Grant Funds Received (7) Balance of Grant Pavable (Line 3 Minus Line 6)' . If Line 6 exceeds Line 3, enter the amount ofthe excess on Line 7 as a negative amount. This amount shall be repaid to DOC bv check, unless DOC has previouslv aDDroved use of these funds. <ii' a) Amount of existing program income: b) Amount of anticipated program income: c) Ifprogram income exists or is anticipated, describe the proposed application(s): N/A 85 w,I'i!"'"'" Are there any nnpaid costs or unsettled third party claims against the recipient's grant. Type "yes" or "no" no If yes, describe the circnmstances and amounts involved. N/A 9. Rcmarl,s (for DOC l'sc O"I~) o Please note that all financial records, supporting documents and other records pertinent to the community development program must be retained for a minimum of five (5) years from the date of this letter. DThis grant is closed pending the Division of Community Assistance receipt and approval of your final audit. Any findings noted in that audit will be the responsibility of the Town 0 City 0 County 0 in:e'~ It is hereby certified that all activities undertaken by the Recipient with funds provided under the grant agreement identificd on page · hereof, have, to the best of my knowledge, bcen carried out in accordance with the grant agreement; that proper provisions have been made by the Recipient for the payment of all unpaid costs and unsettled third party claims identified on page. hereof; that the State of North Carolina is under no obligation to make any further payment to the Recipient under the grant agreement in excess of the amount identified on Line 7 hereof; and that every other statement and amount set forth in this instrument is, to the best of my knowledge, true and correct as ofthis date. Date Typed Name and Title of Recipient's Signature of Recipient's Authorized Representative Authorized Representative William A. Caster (Name) Chairman ..j (Title) This Certification of Completion is hereby approved. Therefore,. authorize cancellation of the un utilized contract commitment and related funds reservation and obligation of $ ,less $ previously authorized for cancellation (from Section 6, line 6, page.). Date Typed Name and Title of DOC Signature of DOC's Authorized Representative Authorized Representative Gloria Nance-Sims Director ..j 86 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 11 Estimated Time: Page Number: Department: Planning Presenter: Wanda Coston Contact: Wanda Coston Item Does Not Require Review SUBJECT: Public Hearing - North Carolina Small Cities Community Development Block Grant Program - 2007 Scattered Site Housing Program BRIEF SUMMARY: The North Carolina Division of Community Assistance has conditionally awarded New Hanover County and its interested municipalities (Wrightsville, Carolina and Kure Beaches) $400,000 in Community Development Block Grant (CDBG) funds as part of the fiscal year 2007 Scattered Site Housing Program (SSHP). In 2007, the County is one of 33 counties in the State that is eligible to receive these funds on a noncompetitive basis every three years. The 2007 SSHP will be the third grant awarded to the County in this category. The SSHP funds must be used to address the most critical housing needs of very low-income owner-occupied households within the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: 1. Request that Commissioners conduct public hearing in accordance with the CDBG requirements to solicit citizens' input concerning the County's proposed 2007 Scattered Site Housing Program. 2. Request that Chairman sign the Certification of Interest which acknowledges that County intends to participate in the 2007 SSHP. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: The funding source will be North Carolina Department of Commerce, Division of Community Assistance. ATTACHMENTS: ~ ... .:.. ~~ 2007 celt. pdf ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing and approve Certification of Interest. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing and approved 5-0. 87 Certification of Interest The County of New Hanover plans to participate in the Scattered Site Housing Program. William A. Caster Name of Chief Elected Official (please type or print) Signature of Chief Elected Official Chairman Title (Chairman) This Certification of Interest certifies the county intends to participate in theSSH Program and will contact its local municipalities prior to submission of the application. 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Regular Item #: 12 Estimated Time: Page Number: Department: TAX Presenter: Robert Glasgow Contact: Robert Glasgow Item Does Not Require Review SUBJECT: 2007 County Wide Revaluation BRIEF SUMMARY: Present facts and figures to show the average 2007 values for New Hanover County, New Hanover County Fire District, City of Wilmington, and the towns of Wrightsville Beach, Carolina Beach and Kure Beach. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 89 This page intentionally left blank. 90 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 11:40 a.m. 1. Non-Agenda Items (limit three minutes) 11:45 a.m. 2. Approval of Minutes 93 11 :50 a.m. 3. Consideration of Contract Amendment - Municipal and Financial Services 95 Group (MFS&G) Water and Sewer Consolidation and Approval of Associated Budget Amendment 07-111 12:00 p.m. 4. Consideration of Flow Monitoring NEl Service Area - Request for Project 99 Funding and Approval of Contract 07-0275 with Camp Dresser and McKee (CD M) and Approval of Associated Budget Amendment 07-110 91 This page intentionally left blank. 92 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Regular Meeting of the Water and Sewer District held on January 8,2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 93 This page intentionally left blank. 94 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Avril Pinder/Greg Thompson Contact: Avril Pinder/Greg Thompson SUBJECT: Contract Amendment - Municipal and Financial Services Group (MFS&G) Water and Sewer Consolidation BRIEF SUMMARY: On April 18, 2006, the Board of County Commissioners approved a resolution identifying the need to hire a Project Manager and perform a rate study to facilitate the consolidation of the water and sewer systems operated by the City of Wilmington and New Hanover County. The City of Wilmington also approved a concurrent resolution. The resolution established an initial budget of $400,000 and identified equal contributions of $200,000 from the County and City. On July 24, 2006 the firm of Municipal and Financial Services Group began work. As progress towards consolidation is made, additional tasks have been identified. A change order for the additional work is necessary to cover the cost through June 30, 2007 for services provided by MFS&G (see attached sheet). Consistent with the original agreement, the cost of the work will be split SO/50 between the City and County. Additional services will likely be needed past June 30,2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests approval of the associated budget amendment in the amount of $365,753 to cover the 50% cost for the professional services through June 2007. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer Operating Budget ATTACHMENTS: ~ iii.:':::': 07-111.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 95 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Budget Amendment BUDGET AMENDMENT Number: 07-111 DEPARTMENT: Engineering BE IT ORDAINED by the New Hanover County Commissioners that the following appropriation be made to the Water and Sewer District ordinance: Section 1. The following appropriation is hereby made to the Water and Sewer District Funds, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Water and Sewer Administration: Contracted Services $365,753 Revenue Decrease Increase Water and Sewer Finance: Appropriated Fund Balance $365,753 EXPlANA TION: Budget funds to pay Contractor for County's part of the Water and Sewer Consolidation through June 2007. ADDITIONAllNFORMA TION: With approval of this budget amendment, $5,251,271 of Water and Sewer Fund Balance will be appropriated in FY 06-07. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 96 New Hanover County and City of Wilmington Water/Sewer Consolidation Project Projected Cost Thru TASKS June 30, 2007 Project Initiation 60,000 IT Master Plan 146,000 Employee Work Groups 127,000 Rate Study 1 Cost of Services 81,000 Preliminary Integrated CIP 75,000 Final Reports 42,000 Executive and Advisory Board Support 166,000 Internal Communications Program 92,000 Technical Support to Authority 150,000 External Communications Program 50,000 Valuation of Assets 1 Liabilities 60,000 General IT Advice 1 Assistance 80,000 Master Plan for W/S starting Phases 25,000 General Engineering Advice 20,000 Total Costs 1,174,000 REVENUES NHC Approved Budgeted Funding 200,000 NHC Approved Budgeted Funding - IT 42,494 COW Approved Budgeted Funding 200,000 Total Approved Budgeted Revenues 442,494 Revenues Shortfall (731,506) NHC Budget Amendment Needed 365,753 COW Budget Amendment Needed 365,753 Total Budget Amendment Needed 731,506 97 This page intentionally left blank. 98 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Water & Sewer Item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Flow Monitoring NEI Service Area - Request for Project Funding and Approval of Contract # 07-0275 with Camp Dresser and McKee BRIEF SUMMARY: As requested by the State of North Carolina, reasonable efforts to limit flows in the NEI system during the moratorium period are to be undertaken. Flows into the NEI through the Bradley Creek Pump Station exceed the rated capacity of the pumps at that station during major storm events. Reduction of storm water in the sewer system is important in preventing spills resulting from the NEI because it is possible for sewage to overflow out of manholes into the creek during major storm events. Upstream gravity sewer lines need to be investigated to determine if they are a source of storm water intrusion into the system. CDM is currently performing a flow monitoring study on sewers that flow into the NEI for the City of Wilmington and was selected by the City through a competitive request for qualifications process. County staff meets regularly with City staff and CDM on this and other issues of mutual concern for public health and safety related to sewers. The City's competitive selection process to determine the best qualified consultant coupled with critical public health and safety concerns warrants an exemption for procurement of engineering services without a formal competitive selection process by the County per NCGS ~ 143-64.32. County staff requested a proposal from CDM to perform flow monitoring for the New Hanover County system serving the NEI at the same time as CDM monitors the City system. A unified approach is intended to provide consistent findings and some cost advantages. This project's findings will identify areas in the NHC system tributary to the Bradley Creek Outfall and NEI where storm water intrudes. In-house camera inspections and smoking of sewer lines will be focused on the areas identified by flow monitoring and damaged pipes or manholes will be repaired. CDM's fee for this service is $62,400. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests the following: . Approve the associated budget amendment in the amount of $62,400. . Exempt the project from additional qualifications selection per NCGS ~ 143-64.32. . Award contract #07-0275 for flow monitoring to CDM subject to County Attorney review and approval. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer Appropriated Fund Budget 80086105 (Monies moved to the Water and Sewer Administration 80085100) 99 ATTACHMENTS: ~ ~ ~ ... .:.. ... .:.. ... .:.. ~~ ~~ ~~ Flow Monitoring ProposaI1_3_07.pdf Weaver Memo to Board.pdf Figure 1 Map of S ewershed Area. pdf ~ iii.:':::': 07-11 O.doc REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 100 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 01/22/07 Budget Amendment BUDGET AMENDMENT Number: 07-110 DEPARTMENT: Engineering BE IT ORDANIED by the New Hanover County Commissioners that the following appropriation be made to the Water and Sewer District ordinance: Section 1. The following appropriation is hereby made to the Water and Sewer District Funds, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Water and Sewer Administration: Contracted Services $62,400 Revenue Decrease Increase Water and Sewer Finance: Appropriated fund Balance $62,400 EXPlANA TION: Budget funds to pay Contractor for flow monitoring of the Bradley Creek Sewershed. ADDITIONAL INFORMATION: With approval of this budget amendment, $4,947,918 of Water and Sewer Fund Balance will be appropriated in FY 06-07. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 101 I ~ CDNI I ; ; ! i i 5400 Glenwood Avenue. Suite 300 Raleigh, North Carolina 27612 J tel: 9197B7-5620 i fax: 919 7B1 -5730 , \ January 3, 2007 Gary D. McSmith, P.E. Chief Project Engineer ; j New Hanover County ; 230 Market Place Drive, Suite 160 i Wilmington, NC 28403 i , j ! Subject: Proposal for Flow Monitoring Bradley Creek Outfall Sewershed ; Dear Mr. McSmith: I j ; Per your request, attached is a proposal for flow monitoring data collection and analysis for , the County's Bradley Creek Outfall Sewershed. The proposal includes installing five (5) flow ; I meters and two (2) rain gauges in the study area as shown on the attached figure. The results . of the flow monitoring data will allow us to analyze the contribution of inilltration and inflow I (III) during rainfall events and make recommendations on both the type and location of j 1 additional potential sewer system evaluation survey (SSES) work. i I I have also included our standard contractual agreement for you to review. If you have any ! concerns or would like us to use a County standard form of agreement, please call me to 1 , discuss. ! CDM appreciates the opportunity to be of service to the County and we are very excited to ! begin this work. I look forward to speaking with you further about this proposal at your I earliest convenience. ! Very truly yours, i ~ ~ I t I Chris Nesbit, P.E. ; r- Project Manager ~ J i Camp Dresser & McKee I ~ I l , , j l I 1 j /,- FM proposal letter 010J07.doc ! i consulting. engineering. construction. operations 1 i i i I ---_._-----------_._-_._--~._.._-_._-_. ---..-------.----.---------.-...- ------- .._-------_._,._._._,..._-~._-----,------_._- 102 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER (STUDY AND REPORT) Based on the average pump station flows seen at Pump Station 35 during some large rain events in 2006, and the known pumping capacity of other stations pumping to this one, New Hanover County suspects infiltration/inflow (JfI) is coming from their Bradley Creek Outfall and/or sewershed. In addition the County has reported SSOs upstream of the Outfall during large rain events. The Outfall is currently under design for rehabilitation, and the County has requested CDM perform flow monitoring in the upstream sewershed. The purpose of the flow monitoring is to determine the extent of JfI coming from the sewershed upstream of the Outfall and to assist in selecting priorities areas for subsequent investigation or rehabilitation to reduce JfI. This is an exhibit attached to and made a part of the Agreement dated January _, 2007, between New Hanover County (OWNER) and Camp Dresser and McKee (ENGINEER) for professional services. 1.0 ENGINEER'S SERVICES 1.1 Studv and Report Phase Upon this Agreement becoming effective, ENGINEER shaH: 1.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 1.1.2 Evaluate various alternate solutions available to OWNER as described herein, and, after consultation with OWNER, recommend to OWNER those solutions which in ENGINEER's judgment best meet OWNER's requirements for the Project. The duties and responsibilities of ENGINEER during the Study and Report Phase as set forth in this paragraph 1.1 are amended and supplemented as foHows: ENGINEER will develop and implement a flow-monitoring plan to collect pertinent flow and rainfall data within New Hanover County's Bradley Creek Outfall Sewershed. Within this plan, ENGINEER will recommend flow monitor locations within the study area, a recommended duration of flow monitorin~ and criteria for completion of the flow monitoring study. Criteria for completion will include suggestions for minimum rainfall events for which wet-weather flow data shall be collected for use in selecting priorities areas for subsequent investigation or rehabilitation to reduce JfI. This scope of work includes an allowance of $30,000 for a flow-monitoring program based on the estimated cost for mobilization and planning of 5 temporary flow monitors and 2 rain gages installed for 60 days. Should the flow monitoring require a time extension due to lack of rainfall, additional weeks may be added to the contract for an additional cost. The actual Exhibit A - 12/2006 Page 1 Owner and Engineer-Study and Report 103 flow monitoring program may differ from that described above based upon the flow monitoring plan developed by ENGINEER and the OWNER. ENGINEER intends to subcontract field flow monitoring services. The flow monitoring equipment will be capable of measuring depth and velocity of wastewater flows at preset, synchronized time intervals of 15 minutes. Pressure sensors will be installed with the capability of measuring depth of surcharging at the monitoring locations. Flow monitoring sites will be selected in conjunction with the County staff members. Concurrent data will be recorded from 2 temporary rain gages installed in the study area. Rain gage locations will be determined with the assistance of the County. The rain gaging equipment shall be capable of measuring rainfall depth in increments of 0.01 inches at preset synchronized time intervals of 15 minutes. Flow and rainfall data will be provided to the County in digital ASCII or spreadsheet-compatible format. Data shall include date, time, depth, and average velocity, and flow at not more than 1S-minute increments. Flow monitor installation logs will also be provided for each monitoring site. ENGINEER will decompose wastewater flow data into base flow, groundwater infiltration, and rainfall dependent infiltration and inflow (RDIjI) components. This decomposition will reveal the relative RDIjI contributions of various portions of the service area. Based on these results, ENGINEER will recommend areas in order of priority for subsequent investigation and/or rehabilitation. A technical memorandum of the flow monitoring results will be prepared and a meeting held to review the results. 2.0 OWNER'S RESPONSIBILITIES 2.1 Furnish to ENGINEER, as requested by ENGINEER for performance of Services as required by the Contract Documents, the following: 2.1.1 Other special data or consultations not covered in Article 1.0. OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all reports, data, and other information furnished pursuant to this paragraph. ENGINEER may use such reports, data, and information in performing or furnishing services under this Agreement. 2.2 Provide access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. 2.3 Bear all costs incident to compliance with the requirements ofthe OWNER's Responsibilities. The OWNER's responsibilities as set forth in this paragraph 2.0 are amended and supplemented as follows: 3.0 TIME PERIOD FOR PERFORMANCE Exhibit A - 12/2006 Page 2 Owner and Engineer-Study and Report 104 The time periods for the performance of ENGINEER's Services as set forth in Article 2 of said Agreement are as follows: For the flow monitoring task described in paragraph 1.0, ENGINEER will install flow meters in January 2007. ENGINEER will deliver the draft technical memorandum within 30 days after receipt of flow monitoring data. 4.0 METHOD OF PAYMENT The method of payment for Services rendered by ENGINEER shall be as set forth below: For the flow monitoring task described in paragraph 1.0, OWNER will pay ENGINEER a lump sum fee of $62,400 for 60 days of metering. Partial payments will be made monthly based on percentage of work completed. 5.0 SPECIAL PROVISIONS The following special provisions and/or other considerations or requirements are applicable to their Agreement: None Exhibit A - 12/2006 Page 3 Owner and Engineer-Study and Report 105 tf3 <3 N N ~ .... LL -= -= ~ -= -= DIDafUl )ISV.l 'IV.lO.l ..". ..". Cl M M \C \C '" '" -= -= -= -= -= SlSOJ P;"Jl!G l;"JI[lO M -= <ill M <ill -= -= ..:<i -= -= -= -= -= -= 0) 0 0 -= 0) sleUO!Ss;"JJOld ;"JP!Slno ~ t'l t'l 0 o!.. 0 <ill <ill t'l B gj <ill 0) r.J -= 2 0 f--~ -= -= 0-, ..". -= <A lSOJ lOqe'l WGJ 0 ..". 4-< c;,~ t'l 0 0 - ~oo <ill t'l '" o.....l <ill 0 0 ::;.....l os o:l~ co 'iij Of-- IFl co ~ ~::; SlnoH lelOl M IFl M '" 000 '" o~ 0) \C "'<t '<I" "'<t 0'<1" \0 0 ll-~ 0) UO!lRIlS!U!UIpY lie;) !l;"JJ::) t'l M ("<) <= ~~ ~ ll-u "0" ~>< -= 0 0 0 0 0 0 0) GGYJ;2U!yelG "0 "0 5::J os 0) 00 ..". 00 '<I" 00 \0 00 '<I" or> l;"J;"JU!gUtI P;"JfOld t'l - on '<I" ("<) 10' u~ .... .- a ~o:l "0 ~25 -= "'<t \C 00 '<I" 00 0 0 'C l;"Jgeuew P;"JfOld r- M M t- O) 00 0- ~~ ~ 0) co .- .- '<I" 00 0) "'<t 00 ~ :I: 0 l;"J;)!UO .... .- ~f-- 00 0) ~..... -;S ZZ "0 0 <= ::s e .i!l 0 ;., ~ ::: 0) ;::l "3 or> 0 0 "0 <Il bIJ G:: 1a 0) .....l .... <= ~ on .... 01) 'C '-' 0 .8 01) --. .~ e <= <= '" f, 0) .;::: 'a C .- ~ ::s .s 0 .9 01)0) oj '0 E oj 0) <= c.. 01)::: ~ <<l 0 ~ 'C .~ Coo () e 0 () '" .~ l- .g '0 ::: .:;::: '" .... .... 0 ..<: 4-< <1) ";j 1a -0"" 'Vi () 0 0 0 C Q.. <= '" 0 <1) G:: Zl ...I< < oj <1) 0.. f-- ::: 0) <Il 01) 01)01) e 01) 0) oj bJl .8 .8 ~ <= <1) ~ f-- = 0 .;::: .;; .... .... C () -a .;: .s o ._ 0) .s ~ <= Q '0 'S ~ -0 '0 .s .~ .... ~ 'a 0 oM 0 01) :a Q e E <Ii" -0 ::s <= "0 ~ ::: ::: 5 ::: ::: '.g os 0) :; 0 o .~ 0 0 0) "0 ~ ..... <= ~ ~ ::s Q ~ 0 z 1i: I I E . , , * , , , * 106 /' NEW HANOVER COUNTY INTER-OFFICE ~ 'Y&~MEMO:i::: .- Q W'^"~%f<;<;?~"'Q~-,,:G;-;tn:: ='m=~~ ~ k.":'h"'))w..-r ........~~:~~ w.~~_....~ ~ April 12, 2006 TO: Board of Commissioners FROM:- David Weaver IJv RE: Sewer Moratorium Attached is the letter; which we just received, from the North Carolina Pivision of Water Quality imposing a moratorium on the issuance of State ,peimits for sewer cbllectio~sXste~s: <rhe)etter holds-rio surprises,- -alth()ugh~it does reque~t Ule City, County, at1d Wtightsville Beach to t~e reasonable efforts to limit flow during the morat()ri!$periorl;:i\:lcmg that line, staff intehds to focus carnerahlspecticms a.p.d ' 'smoking~6f sewer H.rtes'9h'the N6rtheastInter~epior servi'ce area. We already -attempfnr- ,., inspect }O%ofour total~ysten1 ey~ry yearciI1:an effortto c()ntrolgJ:~uridwaterinfiltratiQi1>'::c and siormwater infl()'Y' $t;lf(wilF~.Iso develop a publicity campaign'fO,r NHC- T.V.and, our webs,ite for citizenstovoluntatily llrhitWilfer usearid'lo report-:atiysewerproblems, such asml~~ihg maDhole COVel'S. Weare also expibringo.th~{?PEi~~( , ' Please feel free to contact me if you have any questions or comments. cc: Bruce Shell Greg Thompson Jay Graham Dexter Hayes Mark Boyer ---~--'--'- --~----------- 107 This page intentionally left blank. 108 Pipes Monitor sewersheds - Less than 12-inch W 84,700 LF (+14,700 COW); 1,032Acres --- Force Main W 34,500 LF (+19,900 COW); 747 Acres -12-inch to 21-inch 41,200 LF; 418 Acres - 24-inch and greater 45,500 LF; 404 Acres - City of \Nilmington pipes W 22.500 LF; 246 Acres . Pump Station 47,700 LF; 797 Acres @ Proposed Flow Monitor COW = City of Wilmington Sewer 0 CONI Figure 1 Bradley Creek Outfall Flow Monitor Sewersheds 109