Agenda 2003 04-21
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
TED DAVIS, JR., CHAIRMAN · ROBERT G. GREER VICE-CHAIRMAN
WILLIAM A. CASTER, COMMISSIONER · JULIA BOSEMAN, COMMISSIONER · NANCY PRITCHETT, COMMISSIONER
··
ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD
April 21, 2003 9:00 a.m.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVALOF CONSENT AGENDA
ESTIMATEDITEMS OF BUSINESSPage
TIMESNo.
9:15 a.m.1.Presentation of New Hanover County Service Awards5
9:25 a.m.2.Recognition of New Employees7
9:35 a.m.3.Presentation to the Board by Bruce Bowman9
9:40 a.m.4.Consideration of Proclamation to Declare May as Child Support Awareness 11
Month
9:45 a.m.5.Consideration of Proclamation Declaring April 20-26, 2003 as County Social 13
Services Employees Appreciation Week in North Carolina
9:50 a.m.6.Presentation by the New Hanover Soil and Water Conservation District15
10:00 a.m.7.Presentation by Coastline Convention Management, Inc.17
10:05 a.m.8.First Reading19
Ordinance Amendment for Chapter 59, Waterways
10:15 a.m.9.Consideration of Approval of Conceptual Exhibition Plan for Cape Fear Museum23
10:25 a.m.10.Consideration of Award of Health Services for Detention Center25
10:35 a.m.11.Consideration of Petition for Compromise of Discovered Value for Unlisted 31
BusinessPersonal Properties
11:00 a.m.
Break
11:10 a.m.12.Consideration of Appeal of Tax Administrators? Denial of 2002 Application for 51
Exemption
11:20 a.m.13.Consideration of Appeal of 2002 Discovery of a 2000 48? TaYang Power Boat71
th
11:30 a.m.14.Reconsideration of the Board?s Decision to Withdraw Support of the 4 of July 87
Fireworks
11:35 a.m.15.Consideration of Request for a Sponsorship Contribution for the 2003 Port of 93
Wilmington Maritime Day Festival
11:40 a.m.16.Meeting of the Water and Sewer District161
12:25 p.m.
Lunch Break
12:55 p.m.17.1Zoning Text Amendment- Request by Marilyn Constine to amend Section 50.5 of 95
the permitted use table of the New Hanover County Zoning Ordinance to permit
Veterinaries in the I-1 Light Industrial Zoning District (A-325, 03/03)
1:10 p.m.17.2Zoning and Subdivision Ordinance Text Amendment- Request by the New 97
Hanover County Board of Commissioners for the Planning Board to review
comments relating to changes to Section 102-04 of the Zoning Ordinance
regarding density calculations, revisions to Performance Residential criteria
including General Development Plans, and Section 33 of the Subdivision
Ordinance pertaining to expiration of approved preliminary site plans (A-324,
12/02)
1:40 p.m.17.3Housing & Urban Development Amendment- Request by Planning staff to solicit 105
public comment concerning an amendment to the United Stated Department of
Housing and Urban Development (HUD) Disaster Recovery Initiative Program for
New Hanover County
1:50 p.m.17.4CAMA Land Use Plan Update- Request by Planning staff to consider 109
authorization of application to CAMA for the funding for the required update of
the CAMA Land Use Plan
2:00 p.m.18.Consideration of Award of Contract No. 03-0233 to Green Power Energy Holding 115
LLC for a Pilot Project to Process Construction and Demolition Debris at the
New Hanover County Landfill
2:15 p.m.19.Consideration of Bond Order Authorizing the Issuance of $35,000,000 General 127
Obligation Refunding Bonds
2:20 p.m.20.Committee Appointments133
2:50 p.m.Additional Items:
County Commissioners
County Attorney
County Manager
2:55 p.m.Non-Agenda Items
3:00 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.
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATEDITEMS OF BUSINESSPage
TIMESNo.
11:40 a.m.1.Non-Agenda Items (limit 3 minutes)
11:45 a.m.2.Approval of Minutes163
11:50 a.m.3.Consideration of Policy for Payments of Sewer Tap Fees165
12:05 p.m.4.Consideration of Reimbursement Contract #03-0183167
12:20 p.m.5.Consideration of Bond Order Authorizing the Issuance of $10,500,000 of General 171
Obligation Water and Sewer Refunding Bonds
3
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESSPage
No.
1.Approval of Minutes179
2.Approval of Consolidated Agreement Between the North Carolina Department of 181
Health and Human Services and New Hanover County Health Department
3.Approval of Request for New Fiscal Support Technician Position183
4.Approval to Deaccession and Dispose of Selected Museum Artifacts185
5.Approval of Grant Application for North Carolina Humanities Council to Support 189
Academic Advisory Committee
6.Approval of Release of Tax Value193
7.Approval of New Hanover County and New Hanover County Fire District Collections 195
Reports
8.Approval of Resolution to Assign Portion of Contract for Architectural Services199
9.Approval of Budget Amendment #03-0163201
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 1Estimated Time:Page Number:
Department:Human Resources Presenter:Allen O'Neal
Contact:Rosetta Bryant
Item Does Not Require Review
SUBJECT:
Presentation of New Hanover County Service Awards
BRIEF SUMMARY:
The following employees are entitled to New Hanover County Service Awards due to their length of service with New Hanover
County:
FIVE (5) YEAR:Bonnie Pope - Tax Dept.; Marion W. Nease - Elections; Angela M. Thames - Sheriff's Dept.; Martha B. Brown -
Social Services; Charles W. Dearmond - Social Services; Renee P. Hall - Social Services
TEN (10) YEAR: Kathy C. Bundy - Health
FIFTEEN (15) YEAR: Stephanie J. Carver - Library
TWENTY (20) YEAR: Annie R. Francois - Property Management; and Penny G. Raynor - Health
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:
COMMISSIONERS' ACTIONS/COMMENTS:
Presented awards.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 2Estimated Time:Page Number:
Department:Human Resources Presenter:Allen O'Neal
Contact:Marlene Carney
Item Does Not Require Review
SUBJECT:
Recognition of New Employees
BRIEF SUMMARY:
A list of new employees will be made available at 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:
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 3Estimated Time:Page Number:
Department:County Manager Presenter:Bruce Bowman
Contact:Allen O'Neal
SUBJECT:
Presentation to the Board
BRIEF SUMMARY:
Bruce Bowman, Architect, BMS, will present a print of the mosaic design displayed on the front of the William Allen Cobb
Judicial Annex.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Accept the print.
COMMISSIONERS' ACTIONS/COMMENTS:
Accepted the print with thanks.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 4Estimated Time:Page Number:
Department:Governing Body Presenter:Bunny DeBose
Contact:Bunny Debose, Program Manager for Dyntek, 343-5291
SUBJECT:
Consideration of Proclamation to Declare May as Child Support Awareness Month
BRIEF SUMMARY:
Bunny Debose, Program Manager at Dyntek, requested the Board consider adopting a Proclamation declaring May as Child
Support Awareness Month in New Hanover County. The Proclamation urges citizens to support the observance in recognition
of judges, district attorneys, clerks of court, Sheriffs' personnel and child support enforcement professionals who work to
establish and enforce child support for North Carolina's children.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
PROCLAMATIONchildsupport2003.wpd
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend adoption of proclamation.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted 4-0.
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NEW HANOVER COUNTY
BOARD OF COUNTY COMMISSIONERS
PROCLAMATION
, the welfare of our children is the most important responsibility we have as parents, and children
WHEREAS
should be able to depend on support from both parents; and
, children who do not receive adequate financial and emotional support from both parents may
WHEREAS
experience greater difficulty in becoming healthy, happy and productive citizens of this State; and
, in cases where children do not receive financial and emotional support from both parents the
WHEREAS
taxpayers of this State support the children whose parents fail to meet this responsibility; and
, many concerned and dedicated judges, district attorneys, clerks of court, sheriffs= personnel and
WHEREAS
child support enforcement professionals work to establish and enforce child support for North Carolina=s
children, who are our future;
by the New Hanover County Board of Commissioners that May
NOW, THEREFORE BE IT PROCLAIMED
2003 be declared in New Hanover County, and that citizens be urged to
Child Support Awareness Month
support this observance.
Adopted the 21st day of April, 2003.
_________________________________
Ted Davis, Jr., Chairman
[SEAL]
_____________________________________
Lucie F. Harrell, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 5Estimated Time:Page Number:
Department:DSS Presenter:LaVaughn Nesmith
Contact:LaVaughn Nesmith
SUBJECT:
County Social Services Employee Appreciation Week
BRIEF SUMMARY:
Governor Easley has declared the week of April 20-26, 2003, as County Social Services Employees Appreciation Week in
North Carolina. The Board of County Commissioners is requested to make a similar declaration for New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Endorse proposed proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Proclamation0403.wpd
REVIEWED BY:
LEGAL:N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend adoption of proclamation.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
A PROCLAMATION
APPRECIATION WEEK
FOR
COUNTY DEPARTMENT OF SOCIAL SERVICES EMPLOYEES
APRIL 20-26, 2003
WHEREAS, dedicated men and women in the New Hanover County Department of Social Services
provide services and support for thousands of our citizens; and
WHEREAS, these Social Services professionals accomplish many goals in their life=s work; they
provide financial and medical assistance for those unable to meet basic needs; protect children, older adults
and the disabled; guide the needy toward self-sufficiency through education and job placement; offer services
to children, older adults and the disabled that enhance their quality of life and provide administrative support
for program operations; and
WHEREAS, these Social Services professionals are dedicated to improving the quality of life for the
citizens of this County. They also strive to improve the delivery of services and to operate social services
programs as efficiently and effectively as possible;
NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of Commissioners
proclaims the week of April 20-26, 2003, A
APPRECIATION WEEK FOR COUNTY DEPARTMENT OF SOCIAL
@ in New Hanover County, and urge our citizens to recognize these professionals and
SERVICES EMPLOYEES
commend them for their efforts.
st
Adopted this 21 day of April, 2003
_____________________________
Ted Davis, Jr. Chairman
Attest:
_________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 6Estimated Time:Page Number:
Department:County Manager Presenter:Marilyn Stowell
Contact:Allen O'Neal
SUBJECT:
Presentation by the New Hanover Soil and Water Conservation District
BRIEF SUMMARY:
Marilyn Stowell, District Conservationist, would like to briefly update the Board on who the District is, what they have
accomplished recently and plans for the future.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation. No action required.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 7Estimated Time:Page Number:
Department:County Manager Presenter:Neel Patrick
Contact:Allen O'Neal
SUBJECT:
Presentation by Coastline Convention Management, Inc.
BRIEF SUMMARY:
Neel Patrick, President of Coast Line Convention Management, Inc., has requested the opportunity to give a brief update on
current activities at the Coastline Convention Center.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation. No action required.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 8Estimated Time:Page Number:
Department:Legal Presenter:Lt. Rhonda Smith & Deputy Jewell of the New Hanover County Sheriff's Office
Contact:Cindy Kee-MacPherson, Paralegal
SUBJECT:
First Reading
Ordinance Amendment for Chapter 59, Waterways
BRIEF SUMMARY:
Any person who violates the provisions of Chapter 59 Article IV while operating personal watercraft on the waters of the county
is guilty of a class 3 misdemeanor. This is the only penalty currently available. Penalties for violation of this article should be
of the same nature as those for violation of Chapter 53 Article II Operation of Vehicle in Dune Area which subjects offenders to
a civil action in the nature of a debt. In order to ensure personal watercraft safety, additional remedies need to be available to
the county for enforcement.
The current ordinance reads:
Sec. 59-118. Penalties.
Any person who shall violate the provisions of this article shall be guilty of a class 3 misdemeanor, punishable by a find of not
more than $500.00 or imprisonment for not more than 30 days, in the discretion of the court, as provided by G.S. 14-4.
(Code 1978 § 12-150)
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the ordinance amendment. A second reading will be required if the ordinance amendment is not unanimously
approved by the Board.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Chapter 59 Amendment.doc
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
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Recommend adoption.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that the Code of Ordinances,
Chapter 59, Waterways, Article IV, Personal Watercraft Safety, Section 59-118, Penalties, is hereby amended by deleting said
section and substituting the following:
Section 59-118. Penalties.
(a) Any person who shall violate the provisions of this article shall be guilty of a class 3 misdemeanor, punishable by a
fine of not more than $500 or imprisonment for not more than 30 days, in the discretion of the court as provided by G.S.
14-4.
(b) Any person who violates the provisions of this article may receive a citation which subjects the offender to a civil
penalty of $100 for a first offense, $300 for a second offense and $500 for a third or subsequent offense. The penalty
may be recovered by the county in a civil action in the nature of a debt if the offender does not pay the penalty within
20 days after being cited.
(c) This article may be enforced by any one or more sanctions, penalties and punishments specified in this section.
Each day of a continuing violation shall constitute a separate offense under this article.
Except as expressly amended above, Chapter 59 shall remain unaltered, in full force and effect.
This the _______ day of _______________________, 2003.
[SEAL]NEW HANOVER COUNTY
________________________________
Ted Davis, Jr., Chairman
ATTEST:
_______________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 9Estimated Time:Page Number:
Department:Museum Presenter:Ruth Haas / Bernhard Thuersam
Contact:Ruth Haas
SUBJECT:
Approval of Conceptual Exhibition Plan for Cape Fear Museum
BRIEF SUMMARY:
Cape Fear Museum worked with The PRD Group to acquire an Exhibition Plan that identifies the most effective steps to
expand and upgrade the exhibition programs over the next ten years. The plan addresses real, solvable issues; identifies
progressive developments; and recommends practical and achievable improvements. The plan recommends the following
phased implementation:
Phase 1:Install 20th Century exhibits in an expanded East Gallery. The expansion involves
building modifications that reduce office space in favor of public space to be able
to present a more complete interpretation of the 20th Century and exhibit more of
the Museum's collection.
Phase 2:Create an Interpretive Core in under-utilized stair/lobby areas.
Revise the Discovery Gallery to reinforce the influence of the environment on history.
Phase 3:Improve circulation by relocating the gift shop and opening Waves & Currents exhibits
from the Interpretive Core
Revise the traffic flow and selected elements in Waves & Currents
Phase 4:Add new two-story wing in courtyard
The exhibits plan was acquired because of the Museum's strategic planning process that recognizes the value of quality
programs, collections stewardship, sound research, and effective marketing. The plan addresses important goals of the
Museum to improve the visitor experience, encourage return visitation, showcase the Museum's collection, extend the story of
the Lower Cape Fear through the 20th Century, unify the Museum's parts conceptually and physically, and strengthen the
identity of the Museum. The plan offers exciting opportunities for informal learning for the Community as a whole and for
meeting State curricular objectives in history and science for the schools.
The Board of Trustees recommends approval of the conceptual plan to the New Hanover County Board of Commissioners.
Staff is ready to move forward to implement Phase 1 of the plan with 20th-Century exhibits opening in May 2004, pending
approval. Phase 1 recommendations can be implemented consistent with the Museum's budget request for FY2004. The
budget request, following the guidelines provided by the County Manager, maintains the same level of spending as FY2003.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Cape Fear Museum Exhibition Plan as a conceptual guide for Museum change over the next 10 years.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Dollars to implement Phase 1 of the Plan have been included in the Museum's FY2004 budget submission. The
total submission for the Museum does not exceed the FY2003 budget request. County funds will be used to leverage grants
and private funds to add value to the exhibits, Cape Fear Museum, and the County quality of life.
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ATTACHMENTS:
Commissioners were each provided copy of the Exhibition Plan. An additional copy will be forwarded to the Office of the New
Hanover County Commissioners for reference. A PowerPoint presentation of the plan is available on CD, if requested.
REVIEWED BY:
LEGAL:N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval as a conceptual guide for the Museum for the next ten years.
COMMISSIONERS' ACTIONS/COMMENTS:
Plan adopted 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 10Estimated Time:Page Number:
Department:Sheriff's Office Presenter:David Rice, Health Director
Contact:Amy Akin, Purchasing Agent
SUBJECT:
Award of RFP # 03-0024 and approval of contract # 03-0024 to Prison Health Services, Inc. for
health care services in the Jail.
BRIEF SUMMARY:
Currently, the health services provided to the inmates in the jail are handled through the Health Department. The service
provided has been excellent however, it is the Health Director's and the Sheriff's opinion that it would be in the best interest of
the County to transfer this service to an outside contractor. Transferring this service would move liability issues from the
County to a Contractor.
Also, Jail Health Services is a specialized area of health services delivery that requires twenty-four hours a day, seven day a
week coverage. Right now, the jail does not have twenty-four hour coverage. Having a medical services contractor provide
this coverage would mean that at 3:00 a.m. when there is a person that needs triage, there will be medical personnel on site
that can make the medical decision of whether that inmate needs to remain in the detention facility or go to the hospital.
The Sheriff's Office, the Health Department, the Finance Office, and the Legal Department collaborated to develop an
extensive Request for Proposal Package (RFP) to address the performance level that would be required by the Contractor.
The Request for Proposal procedures were followed and the County received three proposals. The Bidders submitting
proposals were:
Prison Health Services, Inc.
Correctional Medical Services, Inc.
PhyAmerica Correctional Healthcare, Inc.
An evaluation committee evaluated the proposals independently and then as a group. The committee was to determine
which company would provide the best overall package to the County; price was only one consideration. Other items
considered were the completeness of the proposal and the bidders responsiveness to the County's RFP requirements,
experience of the company, company references from agencies of similar size, claims history of litigation brought against the
company, proposed staffing patterns, and the exceptions the bidder took to the requirements of the RFP. Additionally, the
proposed contract will be a cost savings of approximately $137,270.00 the first year.
Prison Health Services, Inc. stands out as the company to recommend to receive the contract. Attached is the resolution
for award, the pricing sheet as well as a letter from Sheriff Causey recommending the award of the contract to Prison Health
Services, Inc. The award is based on the contract beginning July 1, 2003 with the funds for the contract being budgeted in
the Sheriff's Office budget for FY04.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution:
1.awarding RFP # 03-0024 to Prison Health Services, Inc.
2.approving Contract # 03-0024 with Prison Health Services, Inc. and authorizing the
County Manager to execute the contract.
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FUNDING SOURCE:
Will above action result in: Position(s) Modification Or Change Number of Positions:
Explanation: When the Health Services Provider begins to provide services in the Jail, the Jail-HealthSection of the Health
Department will no longer be in existence. Some nurses in the Health Department will remain with the County. Prison
Health Services, Inc. is interested in hiring existing staff or working with the County in any way to make the transition as easy
as possible. David Rice will address this in the presentation.
ATTACHMENTS:
The resolution and the price summary from the proposals are attached to this transmittal.
03-0024 resolution for award.wpdHealth Care Proposal Pricing (revised 4-10).123
The contract draft and the letter from Major Stevenson are being hand delivered to the County Manager's Office.
REVIEWED BY:
LEGAL:N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: Approve
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above by Health Department, Sheriff's office and Legal.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, proposals were received and recorded by the Finance Department at 3:00 p.m., on the
6th day of March, 2003, at the County Administration Building, 320Chestnut Street, Wilmington, North Carolina, and the following
companies submitted proposals for Health Services for the Detention Center of the Sheriff=s Office, RFP # 03-0024:
CorrectionalMedical Services, Inc.
Prison Health Services, Inc.
PhyAmerica Correctional Healthcare, Inc.
AND WHEREAS, the bids were evaluated by a committee consisting of representatives from the Health Department, the
Finance Office, the Sheriff=s Office, and an independent consultant hired by the Sheriff=s Office;
AND WHEREAS, the committee=s unanimous recommendation was to recommend award to Prison Health Services, Inc.,
analysis detailed in attached letter from Major Stevenson;
AND WHEREAS, Major Stevenson and Sheriff Causey are both in agreement to award the contract to Prison Health
Services, Inc.;
AND WHEREAS, Major Stevenson, Sheriff Causey, the Finance Director, the Health Department Director, and the County
Manager recommend that the contract be awarded to Prison Health Services, Inc., the proponent offering the best overall value to
the County, award to be made based on the Option 3 method as stated in the proposal;
AND WHEREAS, funds are to be appropriated in the jail=s budget for fiscal year 2003/2004 in account 110-431-4316-3000-
3700 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract
for Health Services for the Sheriff=s Office, RFP#03-0024 be awarded to Prison Health Services, Inc., the proponent offering the
best overall value to the County, award to BE made based on the Option 3 method as stated in the proposal, pricing as stated in the
proposal, contract period to begin July 1, 2003; and that the County Manager is hereby authorized and directed to execute
contract#03-0024, contract form to be approved by the County Attorney.
This 21st day of April, 2003.
(SEAL)
_______________________________________
Chairman, Board of County Commissioners
ATTEST:
_________________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 11Estimated Time:Page Number:
Department:TAX Presenter:Robert Glasgow - Appellants listed below
Contact:Robert Glasgow
Item Does Not Require Review
SUBJECT:
Petition for compromise of discovered value for unlisted business personal property for:
Ms. Kate B. Meyer, Cape Fear Images, Inc. - B0020B0566 & B0020B0566A
Mr. Robert Russo, Club Tropics, Inc. - B0020B0708 & B0020B0708A
Mr. Robert Russo, The Plaza Pub - B0020B0701 & B0020B0701A
Mr. Bill Heinberg, Bill Heinberg Insurance Company - B0020B0205 and B0020B0205A
Mr. John Licara, Licari Accounting & Tax Service - B0920B441 & BX010B030 (2001 Discovery)
BRIEF SUMMARY:
On November 14, 2002, this department sent letters advising Cape Fear Images, Russo Enterprises, Inc. & Bill Heinberg
Insurance Company that we were unable to find a business personal property listing for the current and previous years. Licari
Accounting & Tax Service was discovered in September 2001. A value was identified as the "discovered value" for each of
these establishments based on the assessed values of similar businesses. The owners were provided 30 days to dispute the
value or show they were not in business prior to 2002 (2001 for Licari). If written appeal is not received with 30 days, the
value becomes final. No appeal was received within the 30 days from any of the above listed businesses and tax bills were
mailed in late December on the "discovered values". Mr. Licari's bill was mailed in October 2001. The tax is considered to
be legal.
Once a tax bill has been computed and prepared, the property owner may petition to the Board of Commissioners, for the
board to compromise, settle or adjust the county's claim for taxes as identified in N.C.G.S. 105-312(k)- Power to
Compromise.
Taxpayers who request a compromise identified in 105-312(k) do so under N.C.G.S. 105-381(a)(1)- Taxpayer's Remedies.
Within this statute, any taxpayer asserting a valid defense to the enforcement of the collection of a tax assessed upon his/her
property shall proceed, asserting as the defense, that the tax was:
a. a tax imposed through clerical error;
b. an illegal tax;
c. a tax levied for an illegal purpose.
The board should not compromise any tax bill unless any one of the three has occurred. Should the board compromise
without one of the three having occurred, the board members, who voted for the release of the tax, may be held personally
liable for any amount which was released, refunded or compromised as identified in N.C.G.S. 105-380.
The Tax Department's position concerning these appeals is that discovery letters were mailed on November 14, 2002 to
businesses that had not listed in 2002 or prior years. In that notice, it clearly stated the taxpayer was given 30 days to
respond or the tax would be final. These businesses did not appeal, in writing, within the 30 days allocated. Mr. Licari, on
the other hand, had made payment arrangements with Collections and has not fulfilled them.
For the board to compromise any of these tax values, there must be either a clerical error, an illegal tax or a tax levied for an
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illegal purpose. The discoveries were not clerical errors, they were not an illegal tax, nor are they a tax levied for an illegal
purpose, thus none of the three conditions exist to provide for a compromise. A taxpayer who fails to pursue administrative
remedies available under other sections of the Machinery Act in a timely fashion cannot save themselves by attempting to
bring an action under GS 105-381.
Again, the board is reminded of the provisions of N.C.G.S. 105-380, should a compromise of value be made, anyone can
challenge the approved compromise. If such a challenge is received, those which voted for the compromise would be
personally liable for the amount which was compromised.
During tax year 2001 and 2002 there were more than 1,200 business discoveries charged. Upholding these challenged tax
values would be consistent with the other discoveries.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
It is recommended the board deny the appeals from the owners of these businesses. The owner's failed to utilize the
administrative appeals available to them when they did not appeal within the 30 days allocated, which preclude appeals under
N.C.G.S. 105-381.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Back up will be forwarded.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with Tax Administrator.
COMMISSIONERS' ACTIONS/COMMENTS:
Meyer? tabled until the December 19, 2002 letter is reviewed by the Tax Department.
Russo? Upheld, 4-0.
Heinberg- denied exemption request 3-2.
Licari- Denied appeal 3-1.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 12Estimated Time:Page Number:
Department:TAX Presenter:Robert Glasgow- George Rountree
Contact:Robert Glasgow
Item Does Not Require Review
SUBJECT:
Appeal of Tax Administrators' denial of 2002 application for exemption for The Rock
Interdenominational Church - R01800-003-012-000
BRIEF SUMMARY:
On February 10, 2000, the The Rock Church purchased 76.69 acres of land for $600,000 located at 5301 Sidbury Road. The
tax department's value of this land was $478,140. Clearing of Phase I construction site began on August 28, 2001. The first
building permit was issued on February 5, 2002 for the foundation. On April 15, 2002, the second building permit was issued
for the roof and walls and on September 10, 2002, a permit was issued for full construction. As of December 31, 2002, the
Tax Department considered construction to be 75% complete.
New Hanover County has consistently denied applications for exemption unless the property is "wholly and exclusively used
for the tax exempt purpose" to include buildings being used for their intended purpose.
The taxpayer's argument is that they have visited the property 19 documented times in 2002 to show the area to visitors, pray
over the site, review construction progress or to hold services. It is their contention that by visiting the site, conducting tours
and holding services at the location, that this would justify their being approved for the exemption. Court cases will be
presented by Mr. Rountree which have been decided in favor of the appellant when religious property has been used for such
things as church outings, services, boy scouts, etc. It is the owner's position that the property should qualify for exemption
from taxation because it has been used for religious purposes on or before January 1, 2002.
New Hanover County has consistently denied applications for tax exemption for property which is under construction and
cannot be used for it's intended tax exempt purpose unless that building is attached to an existing structure. It has been our
position that for property to be tax exempt, it must be used for it's intended purposes on January 1 of the tax year of the
application. Construction of buildings did not begin until February 2002. No application for exemption was submitted for
2001.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
It is recommended that the Board uphold denial of the application for tax exemption for property owned by The Rock
Interdenominational Church, located at 5301 Sidbury Road. This decision would be consistent with the denial of other
exempt organizations who have been denied exemption for the same reason.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
A hand delivered letter from Mr. Rountree was received April 8, 2003, indicating he would be unable to provide documentation
to support his defense until April 15. We will forward this attachment when it is received in this department.
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ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with the Tax Administrator.
COMMISSIONERS' ACTIONS/COMMENTS:
Application for exemption is upheld by a vote of 3-1, Commissioner Pritchett voted no.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 13Estimated Time:Page Number:
Department:TAX Presenter:Robert Glasgow - James C. Lewis
Contact:Robert C. Glasgow
Item Does Not Require Review
SUBJECT:
James C. Lewis - Appeal of 2002 Discovery of a 2000 48' TaYang Power Boat
BRIEF SUMMARY:
During a review of federal documented boats, it was discovered that Mr. Lewis' 48' Ta Yang boat was registered with a situs in
New Hanover County and not listed for taxation as required by law. A discovery letter was mailed to Mr. Lewis on November
22, 2002, for a 2000 48' Tayana power boat valued at $509,000 and a 2001 9' West Boat valued at $2,100 for a total
discovered value of $511,100. The first written response from the appellant was dated January 2, 2003. In this letter, Mr.
Lewis explained he had been traveling since mid-October and returned January 2, 2003. Mr. Lewis also forwarded to this
office, documentation which did allow us to change the make of the boat from Tayana to TaYang which reduced the value of
this boat to $477,990. Documentation was also provided which allowed us to change the make of the 2001 West Boat to a 9'
6" inflatable Sportboat which also reduced this value to $1,881 for a total value of $479,834.
The owner has submitted letters and had phone conversations with this department since his return requesting the value of the
48' Ta Yang boat be reduced to his 2000 purchase price of $358,000. A copy of his sales contract and letters are attached.
It is the Tax Department's position that the discovery letter sent November 22, 2002, constitutes official notification. The
owner had 30 days to respond. Since there was no response from the taxpayer within the 30 day appeal period, a bill was
computed and mailed. The description of the boat has been changed and the value was established using BUC Marine
Pricing Guide. The pricing guide did not give a low retail value for 2000 (the Tax Department uses low retail value for pricing
their boats) so the difference in the 1998 and 1999's low retail value percentage (13%) was computed and added to the 1999
value to arrive at a 2000 value for this boat.
Once a tax bill has been computed and prepared, the property owner may petition to the Board of County Commissioners to
compromise, settle or adjust the county's claim for taxes as identified in N.C.G.S. 105-312(k)- Power to compromise.
Taxpayer's who request a compromise do so under N.C.G.S. 105-381(a)(1)- Taxpayers Remedies. Within this statute, any
taxpayer asserting a valid defense to the enforcement of the collection of a tax assessed upon his/her property, shall proceed,
asserting as the defense, that the tax was:
a. a tax imposed through clerical error;
b. an illegal tax;
c. a tax levied for an illegal purpose.
The tax department did correct the clerical errors as stated above.
The board should not compromise any tax bill unless any one of the three has occurred. Should the board compromise
without one of the three having occurred, the board members which voted for the release of the tax, may be held personally
liable for any amount that was released, refunded or compromised as identified in N.C.G.S. 105-380.
Boat discoveries are not an uncommon occurrence. We processed over 1,600 boat discoveries for 2002. Upholding the
assessed value would be consistent with other boat discoveries.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
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It is recommended the board deny this appeal. The owner failed to utilize the administrative appeal available to him when he
did not appeal within the 30 days allocated, which preclude appeals under N.C.G.S. 105-381.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Back-up will be forwarded.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with Tax Administrator.
COMMISSIONERS' ACTIONS/COMMENTS:
Adjusted the value to $358,000, the purchase price. Vote was 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 14Estimated Time:Page Number:
Department:County Manager Presenter:Capt. D. R. Scheu
Contact:Allen O'Neal
SUBJECT:
Request for Reconsideration of the Board's Decision to Withdraw Support of the 4th of July
Fireworks
BRIEF SUMMARY:
Capt. D. R. Scheu, Director of the USS North Carolina Battleship Commission, requests that the Board reinstate their
contribution for the 2003 Fourth of July fireworks.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff does not recommend funding.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend denial.
COMMISSIONERS' ACTIONS/COMMENTS:
Denied request for additional funds, 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 15Estimated Time:Page Number:
Department:County Manager Presenter:Erik Stromberg
Contact:Allen O'Neal
SUBJECT:
Request for a Sponsorship
BRIEF SUMMARY:
Erik Stromberg, Executive Director of North Carolina Ports, has submitted a request for a $1,000 sponsorship contribution for
the 2003 Port of Wilmington Maritime Day Festival.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff does not recommend funding.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend denial.
COMMISSIONERS' ACTIONS/COMMENTS:
Denied request for additional funds, vote 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 17.1Estimated Time:Page Number:
Department:Planning Presenter:Dexter Hayes
Contact:Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE : A-325, 03/03Applicant: Marilyn Constine
REQUEST:Amend the Permitted Use Table of the New Hanover County Zoning Ordinance to
allow Veterinaries, in the I-1 Light Industrial District.
If approved a P would be placed in the appropriate column of Section 50.5 The Permitted Use
Table.
BRIEF SUMMARY:
The applicant is interested in operating a veterinary practice in an existing I-1 zoning district. Veterinaries are
currently permitted in the B-1 neighborhood Business District, the B-2 Highway Business District, the SC Shopping Center
District and the PD Planned Development District.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 3/6/03:
The petitioner explained the request. No one spoke in opposition.The Planning Board voted 7-0 to Recommend
Approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
A-325 veterinaries I-1.doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved as recommended, 5-0.
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CASE : A-325, 03/03Applicant: Marilyn Constine
REQUEST:Amend the Permitted Use Table of the New Hanover County Zoning Ordinance to allow
?Veterinaries,? in the I-1 Light Industrial District.
If approved a ?P? would be placed in the appropriate column of Section 50.5 The Permitted Use
Table.
PLANNING BOARD RECOMMENDATION 3/6/03:
The petitioner explained the request. No one spoke in opposition. The Planning Board voted 7-0 to
Recommend Approval.
STAFF SUMMARY
The applicant is interested in operating a veterinary practice in an existing I-1 zoning district.
Veterinaries are currently permitted in the B-1 neighborhood Business District, the B-2 Highway Business
District, the SC Shopping Center District and the PD Planned Development District. The applicant states
that the primary concern with veterinary hospitals are the noise and odor associated with outdoor kennels
that are often operated in conjunction with veterinary clinics. The zoning ordinance has a separate
designation for kennels which are permitted in the I-1 zoning district. The addition of veterinaries as a
permitted use in the I-1 district is consistent with other offices and professional activities already
permitted in the district. Staff recommends Approval.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 17.2Estimated Time:Page Number:
Department:Planning Presenter:Dexter Hayes
Contact:Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE; A-324, 12/02
Performance Residential Text Amendment
BRIEF SUMMARY:
Following several subdivision appeals a year ago the Board of Commissioners directed Staff to propose revisions to the Zoning
Ordinance and the Subdivision Ordinance to address some of the problems relating to performance residential subdivisions.
These amendments were adopted July 8, 2002. In December 2002 the Planning Board revisited the adopted changes.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Planning Board voted 7-0 to recommend that the Board of County Commissioners adopt the three (3) text amendments
as recommended by the Planning Board in June 2002.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
A-324 sum for April CC.doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
All changes denied, no action taken to amend any of the present ordinances.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 17.3Estimated Time:Page Number:
Department:Planning Presenter:Wanda Coston
Contact:Wanda Coston
SUBJECT:
Public Hearing: Solicit Citizen Comments concerning Amendment to the United States
Department of Housing and Urban Development (HUD) Disaster Recovery Initiative (DRI)
Program for New Hanover County.
BRIEF SUMMARY:
In accordance with HUD regulations, a public hearing must be held to solicit citizen comments concerning an amendment to
the County's DRI Program. The DRI Program was established by HUD to assist areas impacted by Hurricanes Bertha and
Fran with hurricane recovery efforts. The amendment proposes to reallocate the balance of DRI funds. These funds will be
used for a portion of the Rock Hill Road area, for water system construction and sewer system activation. The proposed
amendment is contingent upon HUD's approval of the requested extension to expend all funds by June 30, 2004.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct a public hearing to solicit citizen comments and approve the amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Funding Source: US Department of HUD and New Hanover County
ATTACHMENTS:
(2)HUD DRI allocation of funds.doc
REVIEWED BY:
LEGAL:N/A FINANCE:N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hold public hearing and receive comments. Recommend approval of the amendment.
COMMISSIONERS' ACTIONS/COMMENTS:
Held Public Hearing. Approved amendment as requested.
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New Hanover County
United States Department of Housing and Urban Development (HUD)
Disaster Recovery Initiative (DRI) Program
Revised 12/16/98
In the aftermath of Hurricanes Bertha and Fran in 1996, the United States Department of Housing
and Urban Development allocated New Hanover County, NC, a total grant of $1,853,000 in
hurricane recovery funding under the agency?s Disaster Recovery Initiative (DRI) Program. The
County proposed five projects and/or programs that were needed to implement portions of its overall
disaster recovery strategy, as well as continue ongoing efforts to enhance the quality of life in the
County. The County has requested an extension from HUD to June 30, 2004.
PROPOSED PROJECTS/PROGRAMSPROPOSED ALLOCATION
Sewer Connection Assistance for Wilmington/$288,000
Hanby Beach (revolving loan fund)
Castle Hayne Phases I & II
Sewer connection assistance (revolving loan fund)$207,000
Sewer construction$431,586
South end of Wrightsville Beach (property acquisition)$300,000
Snag and drag$376,414
Carolina Beach Fire/Police Station (new construction)$250,000
Total Allocation$1,853,000
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 17.4Estimated Time:Page Number:
Department:Planning Presenter:Chris O'Keefe
Contact:Chris O'Keefe
SUBJECT:
CAMA Land Use Plan Update
BRIEF SUMMARY:
As required by the Coastal Area Management Act, New Hanover County and the City of Wilmington are
scheduled to update our jointly prepared CAMA Land Use Plan. Scoping for this update has been
completed and it has been recommended that the City and County prepare a Core Plan. CAMA
provides funding for up to 60% of the total cost of preparing this Plan up to $60,000.
The attached application outlining the planning process has been prepared.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize the County Manager to sign the attached application and authorize the application to be submitted.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: FUNDING SOURCE: $60,000 IN GRANT FUNDS ARE ANTICIPATED FROM THE LOCAL PLANNING AND
MANAGEMENT GRANT PROGRAM. ADDITIONAL FUNDS HAVE BEEN REQUESTED IN THE 2003/2004 FISCAL BUDGET
TO MEET THE REQUIRED MATCH OF $8500.
Budget:$8,500 in Cash Match
$8,500 in In Kind Match proposed for fy 2003-04
ATTACHMENTS:
DCM grant application regform.doc
REVIEWED BY:
LEGAL:N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
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COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
COMMENTS BY: LGL:
COMMENTS BY: FIN:
COMMENTS BY: BUD:
COMMENTS BY: HR:
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N. C. DIVISION OF COASTAL MANAGEMENT
Local Planning and Management Grant Program
REGIONAL GRANT APPLICATION (FY 2003-04)
(Please complete a separate application for each project.)
Project Title: Wilmington/New Hanover County CAMA LUP Update PARTICIPATING LOCAL
Sponsoring Local Government: New Hanover County
GOVERNMENTS
Project Coordinator: Chris O?Keefe
City of Wilmington
Address:230 Marketplace Dr., Wilmington NC, 28403
New Hanover County
Phone:(910) 798-7444
Federal ID No.: 56-6000324
Please attach letters of support from participating governments.
Authorized Signature: ___________________________________ Title: _______________________________
(If necessary, please use an additional page.)
Brief description of project: New Hanover County and the City of Wilmington propose to jointly prepare and adopt a CAMA
Land Use Plan Update in accordance with CAMA guidelines, and a work plan as agreed upon by the County and City.
List project objectives:Identify significant and emerging issues. Create technical reports analyzing existing and emerging economic,
environmental, historic and cultural conditions. Through public outreach determine key issues and craft a community vision. Develop
plan for the future that includes goals and policies to achieve the stated vision and address Land Use Plan Management Topics.
Expected product(s) of project:Technical reports including: Citizen Participation Plan; Summary of Plans, Policies & Regulations;
population study; Environmental Resources; Community Services and Facilities; land Suitability Analysis; Future Land Use Map; and
an adopted Plan For the Future with goals, policies and implementation items to address the policies and the Land Use Plan
Management Topics described in 15A NCAC 7B.0702..
Provide a brief timeline to include local government coordination meetings, hiring deadlines for consultants (if
applicable) and development of public participation plan.Process will begin upon acceptance of grant. The plan should be
th
coordinated, consultants hired and a public participation plan should be completed by the end of the 4 quarter (calendar).
Person and address to whom contract should be mailed: Chris O?Keefe
Budget TotalsLocal MatchTotal Project Cost
(from page 2)
Cash amount:$17,500
$17,500$95,000
In-Kind amount:
$35,000
Requested grant: $ 60,000
TOTAL:
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BUDGET SUMMARY
GrantLocalMatch
Cash**In-Kind
A. Salaries (List Personnel)
Department Head/Manager
Senior Planners
Associate Planners/GIS
Administrative/Interns
$46,000$14,750$14,750
Total Salaries
B. Subcontract Costs
N/A
Total Subcontract Costs
C. Supplies
Office/Graphics/GIS$1,500$1,000$1,000
D. Travel
Field Surveys/Public Meetings$0$250$250
E. Printing
Reports/Maps/Policy Documents$10,500$1,000$1,000
F. Other (List)
Mail services$2,000$500$500
$60,000$17,500$17,500
TOTAL BUDGET
Authorized Signature: __________________________________ Title: ______________________________
** Note: Cash match must be at least 50% of total local match.
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DCM LOCAL PLANNING AND MANAGEMENT GRANT PROGRAM
CONTRACT ATTACHMENT ?A?
Local Government Sponsor:New Hanover County
Project:Wilmington/New Hanover County CAMA LUP Update
Grant: $60,000 Local Cash Match: $35,000 Total: $95,000
Describe accurately and in measurable terms the anticipated activities to be performed during each
quarter. This description should be consistent with the description of work on the original grant
application. Indicate the percentage of the total work to be done each quarter (8 quarters for land use
plans) and the amount of grant funds to be spent following 100% expenditure of local cash match.
For Land Use Plans, use two Attachment A sheets (one for each year of funding). Each year should
reflect 100% of local cash match for that year, prior to expenditure of grant funds.
ACTIVITIES TO BE COMPLETED EACH QUARTER
% of total work to be completed Finalize Contractual Agreement; establish Planner in Charge designation
§
Initial meetings between City and County to establish work program and
§
10%
schedule
Begin Data Collection and analysis to supplement DCM data
§
Grant funds to be spent Develop Citizen Participation Plan
§
Public meetings for adoption of CPP by County and City
§
$6,000
Summary Report of Plans, Policies & Regulations
§
Local funds to be spent
$3,500
% of total work to be completed Population/Census analysis
§
Analysis of hurricane evacuation data and storm surge information
§
10%
Prepare summary report on population
§
Update Hazard Mitigation Plan
§
Meetings between City and County staff
Grant funds to be spent
§
Opinion Survey
§
$6000
Local funds to be spent
$3500
% of total work to be completed Analyze data re: local economic conditions and existing land/water uses
§
Compile GIS databases for further land use analysis
§
10%
Ongoing meetings between city and county staff
§
Grant funds to be spent Prepare Summary report on the Economy
§
Prepare Summary Report on Existing Land Use
§
$6000
Local funds to be spent
$3500
% of total work to be completed Data collection and analysis, including use of watershed based GIS data
§
and UNCW?s water quality monitoring data
10%
Prepare report on Environmental Resources and Constraints
§
Prepare Community Services and Facilities Report
§
Grant funds to be spent Prepare Implementation Evaluation Report
§
Complete/Finalize all reports and graphics
$6000§
Present reports to elected officials and public
§
Local funds to be spent
Submit required copies to DENR/DCM
§
$3500
PM/Regional/app? March 2003
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% of total work to be completed Establish initial work program/schedule
§
Data collection and analysis
§
20%
Prepare future Land Use Report
§
Prepare draft Policies for Growth & Development
§
Grant funds to be spent Prepare draft Future Land Use and Land Classification Map
§
Prepare draft Land Suitability Analysis
$12,000§
Local funds to be spent
$7000
% of total work to be completed
Continue Policy development
§
10%
Continue Future Land Use Map work
§
Continue draft Land Classification Map work
§
Conduct Land Use Plan Week/Public forum
Grant funds to be spent
§
Conduct Land Use Plan public hearings
§
$6000
Local funds to be spent
$3500
% of total work to be completed Submittal of Land Use Plan Update to County Planning Board & City
§
Planning Commission
10%
Begin printing of final reports
§
Address comments and/or revise Land Use Plan Update as needed
§
Grant funds to be spent Conduct Land Use Plan Week/Public forum
§
Conduct Land Use Plan public hearings
$6000§
Local funds to be spent
$3500
% of total work to be completed Prepare for final public hearings
§
Complete final Land Use Plan Update by County & City
§
20%
submit completed plan to CRC/State for review
§
Complete printing of all documents and maps
§
Grant funds to be spent Submit required copies of all final documents to State
§
$12,000
Local funds to be spent
$7000
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 18Estimated Time:Page Number:
Department:Environmental Management Presenter:Ray Church
Contact:Ray Church
SUBJECT:
Award of Contract No. 03-0233 to Green Power Energy Holding LLC. for a Pilot Project to Process Construction and
Demolition Debris at the New Hanover County Landfill
BRIEF SUMMARY:
New Hanover County has long realized the importance of preserving its landfill disposal capacity. The most significant step to
preserve the disposal capacity was the construction and later expansion of the Waste-to-Energy Facility, WASTEC. Other
efforts to prolong the life of the landfill have included an engineering redesign to maximize disposal capacity while minimizing
the footprint of the landfill, the use of ash from WASTEC as an alternative daily and interim cover, and the use of Posi-Shell as
a daily cover. Still, the disposal capacity is being used at a significant rate. As much as seventy five percent of the waste
being placed into the landfill comes from construction and demolition (C&D) activities. These wastes consist of wood, drywall,
masonry, cardboard, and metals, all marketable materials that are readily recoverable. The majority of the C&D waste is
wood that can be used for boiler fuel if properly prepared. Recently, Green Power Energy Holding LLC. (GPEH) has
purchased the Cogentrix coal fired plant in Kenansville and has converted it to a co-fired plant to burn a mixture of wood waste
and coal. Up to 700 tons of wood chips is needed per day to fuel the plant. GPEH has approached New Hanover County with
an offer to process C&D waste to recover wood waste for boiler fuel while at the same time removing other marketable
materials that can be processed by the County's Recycling program. In negotiations with GPEH, it was decided the best
approach for this project would be to allow a 90 day pilot project at the landfill to determine its feasibility. The contractor will
be paid to process the C&D debris based on the amount of wood boiler fuel that is removed from the landfill. The price of $20
per ton includes all labor, equipment, maintenance, grinding, processing and transportation of the wood. The County will
benefit by receiving non-wood recyclables and, more importantly, the avoided landfill cost. For each ton of material removed
by this process, a ton of landfill space is preserved for non processable waste that generates a revenue of $46/ton or the
prevailing tip fee of that time. Details of that project can be found in the attached Contract and Scope of Services. Funds for
the project are available in the landfill budget.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends award of Contract No. 03-0233 to Green Power Energy Holding LLC for a ninety (90) day pilot project to
process construction and demolition debris. The cost of the project is not to exceed $150,000. At the end of the pilot project,
it will be determined if the program should be continued by GPEH, turned over to and operated by the County or others, or
terminate the project.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
greenpower.res.docgreenpowercont.f.docGreenpowerSOSPilotf.doc
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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 as recommended, 4-0.
COMMENTS BY: LGL:
COMMENTS BY: FIN:
COMMENTS BY: BUD:
COMMENTS BY: HR:
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RESOLUTION
OFTHE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County operates an Integrated Solid Waste Management System that
includes a recycling program, Waste-to-Energy Conversion Facility (WASTEC), and a Subtitle D
equivalent Landfill;
AND WHEREAS, New Hanover County recognizes the importance of preserving the
disposal capacity at the New Hanover County Landfill for future years;
AND WHEREAS, conservation measures to preserve the disposal capacity have been implemented
in the past to include incineration with energy recovery and the use of alternative daily cover and
intermediate cover materials;
AND WHEREAS, the capacity of the landfill continues to be consumed by waste materials that have
market and or fuel value;
AND WHEREAS, wood waste recovered from the landfill waste stream can be prepared to use as a
boiler fuel to replace coal as fuel;
AND WHEREAS, the burning of wood as a fuel rather than coal has recognizable environmental
advantages;
AND WHEREAS, Green Power Energy Holding LLC. (GPEH) operates a co-fired plant in
Kenansville, North Carolina that burns a combination of wood and coal to
produce steam and electricity;
AND WHEREAS, GPEH has submitted an offer to process construction and demolition waste
materials at the New Hanover County Landfill to recover wood waste that can be burned in the boilers;
AND WHEREAS, a pilot project of ninety (90) days has been negotiated to determine if such a
processing operation is economically feasible;
AND WHEREAS, GPEH has agreed to recover certain other recyclable materials that can be
recycled by New Hanover County and further preserve the disposal capacity of the landfill;
AND WHEREAS, the Director of Environmental Management and the County Manager recommend
that Contract No. 03-0233 be awarded to Green Power Energy Holding LLC. in an amount not to exceed
one hundred fifty thousand dollars ($150,000.00);
AND WHEREAS, funds are currently available in Account No. 700-480-4191-3700 to cover this
contract;
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that the contract for processing of construction and demolition waste at the New Hanover County
Landfill be awarded to Green Power Energy Holding LLC. for an amount not to exceed one hundred fifty
thousand dollars ($150,000.00); and that the County is hereby authorized and directed to execute the
contract, contract form to be approved by the County Attorney.
st
This the 21 day of April, 2003.
NEW HANOVER COUNTY
[SEAL]
_________________________
Ted Davis, Chairman
Board of County
Commissioners
ATTEST;
_________________________
Clerk to the Board
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New Hanover County Contract #03-0233
NORTH CAROLINA
AGREEMENT
NEW HANOVER COUNTY
THIS AGREEMENT, made and entered into this ______ day of __________, 2003, by and between
NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as
"County"; and ____________________________, a _______________ of the State of _______________
(hereinafter referred to as ?Contractor?).
WITNESSETH:
1.Performance. It is mutually understood that the processing of Construction and Demolition
(C&D) wastes at the New Hanover County Landfill is being done as a Pilot Project. As such, there are
numerous aspects of the project that are at present, unknown. The County and Contractor will work in harmony
to resolve issues as they arise to make the pilot project a feasible long-term program that will mutually benefit
the County and the Contractor. The intent of the project is to remove certain recyclable materials from the
waste stream to include wood waste, old corrugated cardboard, ferrous and non-ferrous metals, aggregate to
include concrete, brick, and asphalt. Other materials may be added or deleted upon the mutual agreement of
the County and the Contractor. The responsibilities of the Contractor are further described in Exhibit A. The
Contractor shall be responsible for operating in accordance with all applicable state, federal, and local
environmental and safety laws, regulations, ordinances, and standards regardless of whether or not they are
referred to in the contract documents.
2.Exhibits. The Scope of Services marked Exhibit A and attached hereto and made a part of this
contract as though fully written herein.
3.Term.This contract is for an initial term through June 30,2003, with the option of the County to
renew after the initial referenced term upon funding appropriation.
4.Time of Performance. Contractor shall provide processing services Monday through
Friday. Should the need arise to provide processing services other than during the routine hours of the Landfill
due to a backlog of materials, weather, or equipment failures, the Contractor is to coordinate a twenty-four
(24) hour notification time process with the Director of Environmental Management for processing services.
5.Payment. County shall pay Contractor for the work described in Paragraph 1, including processing,
grinding, and transportation on the basis of ground wood waste transported by the Contractor from the landfill.
Ground wood waste to be used for boiler fuel will be weighed on certified scales preferably at the County
landfill. Payment to the Contractor will be a sum of Twenty ($20.00) Dollars per ton of ground wood
processed, a total not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) for the 2003 fiscal year.
No payment will be made to the Contractor for the processing of other materials. The Contractor will not have
the right to or receive revenues from the sale of other recovered materials.
6.a)Indemnity by Contractor. Contractor shall indemnify and hold New Hanover County, its
agents and employees, harmless against any and all claims, demands, causes of action, or other liability,
including attorney fees, on account of personal injuries or death or on account of property damages arising
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out of or relating to the work to be performed by the Contractor hereunder, resulting from the negligence of
or the willful act or omission of Contractor, his agents, employees and subcontractors.
b)Indemnity by County. County shall indemnify to the extent
permitted by law, and hold Contractor, its agents and employees, harmless against any
and all claims, demands, causes of action, or other liability, including attorney fees, on
account of personal injuries or death or on account of property damages arising out of
or relating to the work performed by Contractor hereunder, resulting from the
negligence of or the will act or omission of County, its agents, or employees.
7.Independent Contractor.It is mutually understood and agreed that
Contractor is and independent Contractor and not an agent of County, and as such,
Contractor, his or her agents and employees shall not be entitled to any County
employment benefits, such as, but not limited to, vacation, sick leave, insurance,
worker?s compensation, or pension or retirement benefits.
8.Default and Termination.If Contractor fails to perform the work with
due diligence, or if Contractor breaches any one of the terms or conditions contained in
this contract and fails to cure said breach within three (3) days of Contractor?s receipt
of Notice of Default, County may terminate this contract forthwith. Upon termination,
County may, without prejudice to an action for damages or any other remedy, take the
prosecution of the work out of the hands of the Contractor. This agreement may be
terminated without cause by either party with thirty (30) days written notice to the other
party.
9.Title to Goods and Insurable Interest. Title to wood waste shall pass to
Contractor and Contractor shall obtain an insurable interest therein, at the moment the
wood waste is placed on Contractor?s trailer at the County?s Landfill.
10.Risk of Loss.For purposes of this contract, risk of loss shall pass to
Contractor upon identification of goods as described in paragraph 9 above, i.e., at the
time the material is placed on the Contractor?s vehicle.
11.Insurance.Contractor shall maintain insurance from companies
licensed to write business in North Carolina, with A.M. Best rating of ?A? or higher, and
acceptable to New Hanover County, of the kinds and minimum amounts specified
below.
12.Certificates and Notice of Cancellation.Before commencing work
under this agreement, Contractor shall furnish New Hanover County with certificates of
all insurance required below. Certificates shall indicate the type, amount, class of
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operations covered, effective date and expiration date of all policies, and shall contain
the following statement:
?The insurance covered by this certificate will not be cancelled
or materially altered, except after thirty (30) days written notice
has been received by New Hanover County?.
The Certificates of Insurance, naming New Hanover County as an additional insured,
shall be further evidenced by an actual endorsement furnished to the County from the
insurer within thirty (30) days of the signing of the contract between the Contractor and
the County.
13.Workers Compensation and Employers Liability Insurance. Covering all
of the Contractor?s employees to be engaged in the work under this contract, providing
the required statutory benefits under North Carolina Workers Compensation Law, and
employers liability insurance providing limits of at least in the amount of
$100,000/$500,000/$100,000, applicable to claims due to bodily injury by accident or
disease.
14.Commercial General Liability. Including coverage for independent
Contractor operations, contractual liability assumed under the provisions of this
contract, products/completed operations liability and broad form property damage
liability insurance coverage. Exclusions applicable to explosion, collapse and
underground hazards are to be deleted when the work involves these exposures. The
policy shall provide liability limits at least in the amount of $1,000,000 per occurrence,
combined single limits, applicable to claims due to bodily injury and/or property
damage. New Hanover County shall be named as an additional insured under this policy.
15.Automobile Liability Insurance. Covering all owned, non-owned and
hired vehicles, providing liability limits at least in the amount of $1,000,000 per
occurrence combined single limits applicable to claims due to bodily injury and/or
property damage.
16.Umbrella Liability Insurance. Providing coverage as excess above
the underlying Commercial General Liability Insurance, Automobile Liability
Insurance, Employer?s Liability Insurance and Owners and Contractors Protective
Liability Insurance policies by this contract. This coverage shall provide excess
liability limits at least in the amount of $3,000,000 per occurrence, combined single
limits, applicable to claims arising from bodily injury, personal injury and/or property
damage. The parties named as additional insureds under the primary underlying policies
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are to be included as additional insureds under the Umbrella Liability Insurance
coverage.
17.Entire Agreement. This agreement constitutes the entire understanding of
the parties.
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NEW HANOVER COUNTY
[SEAL]
_____________________________
Allen O?Neal, County Manager
ATTEST:
______________________________
Clerk to the Board
___________________________________
[CORPORATE SEAL]
By:___________________________________
President
ATTEST:
__________________________
Secretary
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act.Approved as to form:
____________________________________________________________
County Finance DirectorCounty Attorney
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NORTH CAROLINA
NEW HANOVER COUNTY
I, ___________________________, a Notary Public of the State and County aforesaid, certify that
Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of
Commissioners of New Hanover County, and that by authority duly given and as the act of the District, the
foregoing instrument was signed in its name by its Manager, Allen O'Neal, sealed with its corporate seal and
attested by herself as its Clerk.
WITNESS my hand and official seal, this _____ day of ____________, 2003.
______________________________
Notary Public
My commission expires: ________________
NORTH CAROLINA
NEW HANOVER COUNTY
I, _________________________________, a Notary Public of the State and County aforesaid,
certify that ___________________________________, came before me this day and acknowledged that
(s)he is Secretary of _____________________________, a _____________ corporation, and that by
authority duly given and as the act of the corporation, the foregoing instrument was signed in its name as its
President, sealed with its corporate seal and attested by him/herself as its Secretary.
WITNESS my hand and official seal, this _____ day of ____________, 2003.
______________________________
Notary Public
My commission expires: _______________
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Scope of Services
Construction/Demolition Debris Processing
New Hanover County Landfill
April 2003
The New Hanover County (Owner) desires to reduce the amount of waste placed into the New Hanover County
Landfill. It has been determined that a large percentage of waste placed into the landfill consists of waste
produced by construction and demolition (C&D) activities. Of that C&D waste, a large portion has been
determined to be wood that otherwise could be used as a boiler fuel. In order to remove that portion of the
waste stream that can be used for boiler fuel, certain processing will be necessary. The following is a Scope of
Services that is prepared to allow for a short-term (not to exceed 90 days) pilot project to process C&D waste
to determine if a long term processing facility is economically feasible. As this is a Pilot Project, there are
issues that can not be addressed at this time. The Contractor and Owner will attempt to resolve any outstanding
issues in a timely manner. In the event of a conflict, the Owner will make a final determination. There will be
no arbitration without the consent of both Contractor and Owner.
Owner?s Responsibilities
1.For the period of the Pilot Project, the Owner shall provide access to a concrete pad, 250 feet X 110 feet
located on the east side of the main entrance road in the southeast portion of the active landfill area. Owner
will be responsible for the weighing and billing of all C&D deliveries to the processing area.
2.The Owner will weigh and log all separated/processed materials including but not limited to: ground wood
chips, cardboard, mixed metal, sheetrock, aggregate, and other materials that may be recovered for
recycling.
3.All waste that may be considered ?reject material? that must be placed in the landfill will be weighed and
recorded by the Owner.
4.The Owner has obtained a Solid Waste Permit from the NC Department of Environment and Natural
Resources, Division of Waste Management for the duration of the pilot C&D project. (See permit dated
March 7, 2003, duration is not to exceed 90 days from beginning date of operation, agreed to by
notification to State.)
5.The NC Department of Environment and Natural Resources, Air Quality Section has issued a verbal
agreement to allow operation of the grinder at the Owner?s site not to exceed 30 OPERATING days. For
any operation of the grinder beyond 30 operating days, it will be the responsibility of the Contractor to
obtain the proper permit from the DENR, Division of Air Quality.
6.The Owner will maintain the access road for ingress and egress to the processing site for normal wear and
tear. Repairs for damages beyond normal wear and tear will be the responsibility of the Contractor.
7.The Owner will provide landfill capacity for all reject materials that are not of sufficient quality or quantity
to be recovered for recycling.
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8.The Owner will be responsible for the transport of recovered recyclable materials to its processing
facilities. These materials are limited to cardboard, sheetrock, metals, and aggregate. Materials may be
added to or deleted from this list at the discretion of the Owner. The Contractor will be responsible for the
transport of all wood chips.
9.Utilities including non-potable water, electrical, and phone are available on site. Prior to the use of any
utilities a separate agreement will be required for an agreed upon metered rate. Wastewaster disposal will
NOT be allowed on the Owner?s property.
Contractor?s Responsibilities:
10.Contractor will be responsible for operating in accordance with all applicable permits and conditions of
those permits including operational plans.
11.Contractor will provide all labor, equipment, tools, supplies, maintenance and other items necessary to
complete this Scope of Services.
12. Prior to commencing operations, all personnel will be trained in accordance with all rules and regulations
pertaining to waste processing and screening. The Contractor must provide to NHC DEM a Health and
Safety Plan.
13.The contractor must abide by the NHC DEM Safety Program. A copy will be provided to the Contractor by
the DEM Safety Officer.
14.The Contractor shall develop and submit for approval to the NHC DEM a Spill Response Plan and
Emergency Action Plan.
15.A pre-operational meeting will be scheduled and must be attended by the Contractor.
16.The Contractor will be responsible for the installation of fencing or other devices to prevent blowing litter
or waste from being placed outside the processing area.
17.Any and all litter caused by the processing operation will be collected and properly disposed of at the end
of each day?s operation.
18.Any Notice of Warning or Notice of Violation caused by the C&D processing operation may be cause for
termination of the Agreement unless the contractor takes appropriate corrective action and pays any
monetary fines.
19. Processed materials shall be removed on a timely basis. No more than 5,000 cubic yards of wood chips
will be allowed to be stockpiled at any time. The processing pad shall be completely cleaned of all wood
chips at least once every 10 working days.
20.All reject material must be removed on a daily basis either by placing on the working face of the landfill
cell during landfill working hours or properly stored in containers overnight and placed in the cell the
following working day.
21.The Contractor will be responsible for maintaining records of quantities of materials processed, recovered
for recycling or boiler fuel, and reject materials. These records are to be submitted on a weekly basis with
a monthly summary.
22.TheContractor shall record the amount of time the grinder operates while at the site. An accurate,
operating hour meter shall be maintained to function when the grinder engine is running. These records are
to be provided to the NCDENR Air Quality Section and NHC DEM.
23.The Contractor will be responsible for the loading of all materials, including rejects.
24. The Contractor understands that the primary function of this site is to operate as a municipal solid waste
landfill and that the C&D processing operation is not to interfere with the routine operation of the landfill.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 19Estimated Time:Page Number:
Department:Finance Presenter:Bruce Shell
Contact:Bruce Shell & Wanda Copley
SUBJECT:
Bond Order Authorizing the Issuance of $35,000,000 General Obligation Refunding Bonds.
BRIEF SUMMARY:
Due to the drop in interest rates and the maturity of various bonds, it is feasible for the County to "refund" $11.985 million of
solid waste disposal bonds, $5.415 million of public improvement bonds, and $16.750 million School Bonds. A "refunding" is
essentially a refinancing of the debt. The County will save approximately $1.15 million over the remaining nine years by
refinancing these bonds. The bonds will be sold on May 28, 2003.
The Board is required to introduce the bond order and call for a related public hearing on May 5, 2003. The County Finance
Officer will file a statement of debt with the Clerk to the Board prior to the public hearing on May 5, 2003.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Introduce bond order and approve public hearing of May 5, 2003.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Bond Order
Notice of Public Hearing
REVIEWED BY:
LEGAL:Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendation noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved, 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Regular Item #: 20Estimated Time:Page Number:
Department:Governing Body Presenter:Lucie Harrell
Contact:Lucie Harrell
Item Does Not Require Review
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Appointments are needed for the following Boards and Committees
Adult Care Home Community Advisory Committee
Human Services Transportation Advisory Board
Lower Cape Fear Water and Sewer Authority
Nursing Home Community Advisory Committee
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make Appointments
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Committee Information Sheets and Applications
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Make appointments.
COMMISSIONERS' ACTIONS/COMMENTS:
Adult Care Home Community Advisory Committee ? Budzinski and Jones
Human Services Transportation Advisory Board ? Bryden
Lower Cape Fear W/S Authority ? William Caster
Nursing Home Community Advisory Committee ? Broadhurst, Sheffield,Winstead
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATEDITEMS OF BUSINESSPage
TIMESNo.
11:40 a.m.1.Non-Agenda Items (limit 3 minutes)
11:45 a.m.2.Approval of Minutes163
11:50 a.m.3.Consideration of Policy for Payments of Sewer Tap Fees165
12:05 p.m.4.Consideration of Reimbursement Contract #03-0183167
12:20 p.m.5.Consideration of Bond Order Authorizing the Issuance of $10,500,000 of General 171
Obligation Water and Sewer Refunding Bonds
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Water & Sewer Item #: 2Estimated Time:Page Number:
Department:Governing Body Presenter:Lucie F. Harrell
Contact:Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Water and Sewer Agenda- Approval of Minutes
BRIEF SUMMARY:
Approve the following sets of minutes:
Regular Meeting, March 24, 2003
Regular Meeting, December 16, 2002
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 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Water & Sewer Item #: 3Estimated Time:Page Number:
Department:Water & Sewer District Presenter:Bruce Shell
Contact:Wyatt Blanchard Bruce Shell
SUBJECT:
Discussion of Policy for Payments of Sewer Tap Fees
BRIEF SUMMARY:
Construction of the first section (northeast area) of the Kings Grant sewer collection system is proceeding well. Within sixty (60)
days, we will be able to allow some residents in that area to begin connecting, if they desire. If time payments are desired, a
policy must be established.
A presentation will be presented providing scenarios for a policy which will establish payments for sewer tap fees for new sewer
customers wishing to make payments.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Commissioners consider adopting a policy for payments of sewer tap fees.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: Water and Sewer District Fund
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Review scenarios and choose option desired.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved as presented by County Finance Director. Payments annually over 10 years at an interest rate of 6%.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Water & Sewer Item #: 4Estimated Time:Page Number:
Department:Water & Sewer District Presenter:Wyatt E. Blanchard
Contact:Wyatt E. Blanchard
SUBJECT:
Reimbursement Contract # 03-0183
BRIEFSUMMARY:
Contract #97-0239 was approved and executed on May 30, 1997 between the District and two developers (D&F Investment
Corporation and Sidbury Estate Properties, LLC). The contract provided for the construction of a pump station, 8,040 feet of force
main, and 2,989 feet of gravity sewer line. The system will serve most of the area north of Futch Creek Road and east of Market
Street.
The total apportioned cost of the system was $517,012.99. The District paid $261,701 and the developers paid $255,311.99.
The District's contribution was from the Kirkland HUD project. This expanded the Kirkland project to provide interceptor service to
the region. The project was completed in 1998.
The referenced contract #03-0183 provides for reimbursements from new development as provided in the original contract (97-0239).
It allows for a $450 reimbursement from each new connection on new lots. All commercial connections will be based on $1.50 per
gallon of daily usage. All reimbursement money will be from new development and not from the District.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
I recommend that Contract # 03-0183 be approved with authorization for the Chairman to execute.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: Water and Sewer District Revenue Fund
ATTACHMENTS:
futch creek.jpg
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
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COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Water & Sewer Item #: 5Estimated Time:Page Number:
Department:Finance Presenter:Bruce Shell
Contact:Bruce Shell & Wanda Copley
SUBJECT:
Bond Order Authorizing the Issuance of $10,500,000 of General Obligation Water and Sewer
Refunding Bonds.
BRIEF SUMMARY:
Due to a drop in interest rates and the maturity of water and sewer bonds, it is feasible for the County to "refund" $9.43 million
of water and sewer bonds. A "refunding" is essentially a refinancing of the debt at a lower interest rate. The County will save
approximately $590,000 over the remaining eight years to be paid on this debt. The bonds will be sold on May 28, 2003.
The Board is required to introduce the bond order and call for a related public hearing on May 5, 2003. The County Finance
Officer will file a statement of debt with the Clerk to the Board prior to the public hearing on May 5, 2003.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Introduce bond order and approve public hearing date of May 5, 2003.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Bond Order
Notice of Public Hearing
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendation noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved as recommended by a vote of 4-0. Mr. Davis absent.
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESSPage
No.
1.Approval of Minutes179
2.Approval of Consolidated Agreement Between the North Carolina Department of 181
Health and Human Services and New Hanover County Health Department
3.Approval of Request for New Fiscal Support Technician Position183
4.Approval to Deaccession and Dispose of Selected Museum Artifacts185
5.Approval of Grant Application for North Carolina Humanities Council to Support 189
Academic Advisory Committee
6.Approval of Release of Tax Value193
7.Approval of New Hanover County and New Hanover County Fire District Collections 195
Reports
8.Approval of Resolution to Assign Portion of Contract for Architectural Services199
9.Approval of Budget Amendment #03-0163201
178
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Consent Item #: 1Estimated Time:Page Number:
Department:Governing Body Presenter:Lucie F. Harrell
Contact:Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Consent Agenda - Approval of Minutes
BRIEF SUMMARY:
Approve the following sets of minutes:
Regular Meeting, March 24, 2003
Budget Work Session, January 9, 2003
Special Meeting, December 20, 2002
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the 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.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Consent Item #: 2Estimated Time:Page Number:
Department:Health Presenter:Cindy Hewett, Business Manager
Contact:Cindy Hewett, ext 6680
SUBJECT:
Consolidated Agreement Between the North Carolina Department of Health and Human
Services and New Hanover County Health Department.
BRIEF SUMMARY:
Each year we forward to the County Commissioners, the Consolidated Agreement Between the State of North Carolina as
Represented by the State Health Director and the New Hanover County Health Department. This agreement is for the
Purpose of Maintaining and Promoting the Advancement of Public Health in North Carolina and it sets forth the terms and
conditions applicable for the activities carried out by the health department involving State funding. The total funding
$2,674,621: $1,650,075 in State Grants and $1,024,546 in Title XIX (Medicaid Reimbursement) is for services provided by the
Health Department.
Copy of the agreement is on file in the County Manager's Office.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve, accept the funding (already projected in the Health Department's Fiscal Year 2004 Revenue Budget Request), and
sign the State Consolidated Agreement for the period from July 1, 2003 through June 30, 2004.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: State / Medicaid
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Consent Item #: 3Estimated Time:Page Number:
Department:Legal Presenter:Kemp Burpeau, Deputy County Attorney
Contact:Kemp Burpeau, Deputy County Attorney and Cindy Kee-MacPherson, Paralegal
SUBJECT:
Request for New Fiscal Support Technician Position
BRIEF SUMMARY:
The Legal Collections Division of our office generates approximately $750,000 in revenue each year through collection of
delinquent debts for the Water & Sewer District, Sheriff?s Office, Finance, Inspections, Engineering, Fire Services, Landfill,
Wastec, Library and others. There are currently two Fiscal Support Technicians to maintain all these accounts.
The Animal Control Division (ACD) had to rely on Professional Recovery Consultants (an outside collection agency) for
collection of their accounts and pay them 30% of any revenue collected until ACD was dropped from the vendor?s client list.
An outside agency does not have the collection options that our office retains, such as small claim actions, enforcement of
judgments, Equifax Credit Reporting Agency, and Debt Setoff (available only to government entities.) This results in an
increased amount of uncollected accounts. ACD currently has over $725,000 in unpaid citations for violation of our Code of
Ordinances. Legal Collections has the potential to collect at least 35% - 45% of this amount in addition to monthly citations
currently being entered in the system.
Violation of Sec. 5-7Rabies Vaccination and Control is a serious offense resulting in danger to the health, safety and welfare
of the citizens of New Hanover County. The mission of New Hanover County Animal Control Services is to protect the public
from the threat of rabies virus exposure and to ensure proper animal care through prevention, public perception and education.
It is the responsibility of ACD to enforce all state laws and county health regulations pertaining to domestic animals and the
county animal control ordinance. It is the responsibility of the Legal Collections Division to maintain collection of debts for
ALL county departments.
When citations are issued with no consequences for unpaid debts, the public will not comply with our Code, citations become
useless and revenue is lost. Our goal is to have an additional technician that can generate a substantial amount of revenue
for the County while reinforcing the county code provisions through collection of delinquent Animal Control citations.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve new Fiscal Support Technician position.
FUNDING SOURCE:
Will above action result in:New Position(s) Number of Positions:
Explanation:This position will be self-supporting from the collection of delinquent citation fees. The revenue collected from
this position will cover salary, fringe and operating expenditures in FY03-04. Position expenditures will be absorbed in
existing General Government Budget in FY02-03.
ATTACHMENTS:
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REVIEWED BY:
LEGAL:N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: Approve
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
COMMENTS BY: LGL:
COMMENTS BY: FIN:
COMMENTS BY: BUD:
COMMENTS BY: HR:
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Consent Item #: 4Estimated Time:Page Number:
Department:Museum Presenter:Ruth Haas
Contact:Ruth Haas
SUBJECT:
Permission to Deaccession and Dispose of Selected Museum Artifacts
BRIEF SUMMARY:
The Museum has completed the 100% inventory called for in the Strategic Long Range Plan. The next step in the
process is to strengthen the collection by culling artifacts according to the policies adopted by the Museum. The policies call
for: "The removal from the accessioned collection of objects in poor or deteriorated condition, or undocumented items or
reproductions which are readily replaceable, serves to upgrade the quality of the museum's collection, and to reduce storage
problems, record keeping and insurance costs." (CFM Collection Policy IV.B)
Fifteen items have been recommended by the Collections Committee and endorsed by the Board of Trustees for
deaccession. Further, recommendations that staff, as a courtesy, attempt to contact the original donor or immediate
descendent, if known, to offer to return the item. These items are all in poor condition. It should be noted that the nature of
damage to the objects indicates that the objects were most likely used, stained, and damaged before Museum conservation
steps could arrest deterioration -- the bulk of the items are textiles which are particular difficult to preserve.
Some items may have resale value for craft/recycling purposes. Permission is requested to attempt to sell such
items through an auction house. Finally, if items are neither saleable or returnable, permission is requested to destroy the
items.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
To approve fifteen items from the Museum collection for deaccession and disposal of in a manner consistent with the CFM
Collections Policy and best practices in the profession.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
3 0227 Deaccession List.wpd
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with Museum Director's recommendation.
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COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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189
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Consent Item #: 5Estimated Time:Page Number:
Department:Museum Presenter:Ruth Haas
Contact:Ruth Haas
SUBJECT:
Grant Application from the North Carolina Humanities Council to Support Museum Activities
BRIEF SUMMARY:
Cape Fear Museum wishes to apply for a grant with the North Carolina Humanities Council for funds to support nine scholars
to assist the Museum in developing a 20th-Century exhibition about the history and environment of the Lower Cape Fear
Region.Funds will cover costs of transportation, per diem, and honorariums for the scholars. The Museum match will come
from in-kind salaries, printing costs already budgeted, and support from the Cape Fear Museum Associates, Inc. In addition
to helping Museum staff to develop exhibit content, scholars will participate in a public symposium and deliver additional
public lectures leading up to the opening of the exhibition in May 2004.
The grant requests funding for one intern to help organize the work of the scholars and conduct public presentations. The
Museum has been fortunate to benefit from the volunteer work of several UNCW Public History students. Funding will allow
us to provide some financial remuneration for one of these students.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners is requested to approve application for grant and accept funds, if approved. The Board is also
requested to approve associated budget amendment, if funds are awarded.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions:
Explanation: 1 intern funded for 10 hours/week for 16 weeks. No benefits. Matching funds from CFMA, Inc.
ATTACHMENTS:
3 0326 NCHC Grant Budget Narration.doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES:N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
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COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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Cape Fear Museum ? Budget Narrative
A-C. Salaries, Benefits
CFM will cover the costs of (1) the historian to work as a liaison with the scholars, (2) the curator to help prepare object
descriptions, (3) the exhibit designer to draft gallery guides, (4) the education coordinator to plan and present the seminar and
lectures, (5) the public relations staff to assist with explanatory and promotional materials to include a ½ hour production for
viewing on NHC Cable Network, (6) the administrative assistant to monitor the budget, (7) the grants budget analyst to manage
the grant distribution and reporting, (8) the project director?s time to plan and implement the project.
SalaryRetirementFICA
Historian @ $17.24 x 60 hours $1,034@ 4.98%@7.65%
Curator @ $22.83 x 60 $1,370
Exhibit Design @ $22.83 x 60 $1,370
Education Coordinator @ $20.48 x 40$ 819
Public Relations @ $20.89 x 40$ 836
Administrative Assistant @ $13.08 x 20 $ 262
Grants Budget Analyst @ $22.85 x 20 $ 457
Project Director @ $30.63 x 30 $ 919_
$7,067$ 352$541
$7,960(in-kind)
Grant request includes $800 for a fellowship for a UNCW public history student at UNCW to assist in coordination of the
project. (10 hours/week x $10.48 x 16 weeks) Cape Fear Museum Associates, Inc. will match that amount through
private donations.$ 800
$ 800(CFMA, Inc.)
Dr. John Haley, Cape Fear Museum Board of Trustee member, has agreed to work with us as an academic advisor for the
project. (Estimated 24 hours @ $15.00)$ 360 (Volunteer)
D. Speaker Stipends
Scholars are not yet confirmed. Budget is planned for 9 scholars with 4 coming from UNCW, 4 from the Triangle or
Greenville area, 1 from Charlotte, NC
Seminar & Lecture/Workshops x 9 x $400$3,600
E. Travel, meals, and lodging
3 Triangle, Wilmington, Triangle300 x .30$ 270
1 Greenville, Wilmington, Greensboro220 x .30$ 66
1 Princeton, Wilmington, Princeton(flight)$ 350
4 UNCW, CFM, UNCW @ 4 trips160 x .30$ 48
$ 734
Per diem (meals) Friday (3) & Saturday (2)$37.00 x 5$ 185
Per diem (meals) Friday (2) & Saturday (1)$25.00 x 4$ 100
$ 285
Lodging, 4 @ 1 night, 1 @ 2 nights$50.00 x 5$ 250
Lodging supplement$ 250 (CFMA, Inc.)
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H. Printing and publicity
Exhibit Proposal design, printed & bound$ 120$ 120 (in kind)
Scanning photos$ 360$ 360 (in kind)
Digital photos$ 600$ 600 (in kind)
County Cable Production$ 500$1,000
I. Other
Postage$ 100$ 100
Grant Request$ 6,769
In-kind Match$ 9,400
CFMA, Inc. Contribution$ 1,050
Total Project:$17,219
NCHC Portion:39%
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Consent Item #: 6Estimated Time:Page Number:
Department:TAX Presenter:None Required
Contact:Robert Glasgow
Item Does Not Require Review
SUBJECT:
Release of Value
BRIEF SUMMARY:
Request the following taxpayer be granted the Senior Citizen/Disability Exclusion (application and letter explaining late filing
available upon request):
Cottle, Nancy Jones$20,000
Request the following late list penalties be released as this was the taxpayer's first offense:
Magic Fingers Day Spa$ 46.40
Red Dogs1,150.25
T J & Company19.23
Request approval of the following delinquent applications for exemption from property tax for the following organizations:
(applications and letters explaining late filing available upon request)
Cornerstone Baptist Church R02620-004-002-000
NorthsideBaptist Church R03400-001-013-005
Roman Catholic Diocese of Raleigh, NC R05405-021-001-000
Union Missionary Baptist Church R04816-004-007-000
Wardens & Vestry of St. James R04817-035-002-000
Wrightsboro United Methodist Church R03316-002-003-000
R03316-002-004-000
Wrightsville Beach Baptist Church R05720-013-001-000
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
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ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with Tax Administrator.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Consent Item #: 7Estimated Time:Page Number:
Department:TAX Presenter:None Required
Contact:Pat Raynor
Item Does Not Require Review
SUBJECT:
New Hanover County and New Hanover County Fire District Collections Reports
BRIEF SUMMARY:
Collection reports as of March 31, 2003
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request approval of these reports.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
2 to follow
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval of reports.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Consent Item #: 8Estimated Time:Page Number:
Department:Legal Presenter:
Contact:Holt Moore or Andy Atkinson
Item Does Not Require Review
SUBJECT:
Resolution to assign portion of contract for Architectural Services
BRIEF SUMMARY:
FreemanWhite, the County's Architect for the new Jail wishes to assign the portion of their contract pertaining to the Law
Enforcement Center renovations and holding cell expansion to Ware Bonsall Architects. This firm's members were part of
FreemanWhite and how formed their own company. They have been involved in the Jail project and are the key personnel who
would perform this function if they were still part of FreemanWhite. The attached resolution is necessary to facilitate the
assignment.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Adopt resolution as recommended by the Legal Department.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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DRAFT
A RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, New Hanover County entered into a contract with FreemanWhite, Inc., dated April 28, 2000, New
Hanover County Contract # 00-0178, for certain architecture services; and
WHEREAS, Paul Bonsall of Ware Bonsall Architects has been involved in the work done pursuant to this contract,
along with FreemanWhite Architects, and New Hanover County wishes Paul Bonsall and Ware Bonsall Architects to continue
to work on said project; and
WHEREAS, FreemanWhite, Inc. does not wish to perform that portion of New Hanover County Contract #00-0178
pertaining to the 911 Center Remodeling and Court Holding in the Law Enforcement Center, more specifically set forth in
?Exhibit A,? attached to New Hanover County Contract #00-0178A, and Ware Bonsall Architects has expressed its willingness
and ability to perform that portion of the project, and
WHEREAS, New Hanover County Contract # 00-0178A has been created to effect the assignment of that portion of
New Hanover County Contract # 00-0178 pertaining to the 911 Center Remodeling and Court Holding in the Law Enforcement
Center only, from FreemanWhite, Inc. to Ware Bonsall Architects,
NOW, THEREFORE, BE IT RESOLVED, that New Hanover County hereby exempts itself pursuant to G.S. §143-
64.32(b) from the procedures pertaining to
state departments, institutions, and commissions for the procurement of architectural, engineering and surveying services as
to New Hanover County Contracts 00-0178 and 00-0178A for the reasons set forth above, including but not limited to the
facilitation of the assignment of that portion of New Hanover County Contract # 00-0178 pertaining to the 911 Center
Remodeling and Court Holding in the Law Enforcement Center, specifically described in Contract #00-0178A, and ?Exhibit A,?
attached thereto.
This the ____ day of April, 2003.
NEW HANOVER COUNTY
[SEAL]
________________________________
Ted Davis, Jr., Chairman
ATTEST:
_______________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Budget Amendment
Consent Item #: 9Estimated Time:Page Number:
DEPARTMENT: Social Services
BUDGET AMENDMENT #: 03-0163
ADJUSTMENTDEBITCREDIT
DSS Admin Grants$19,102
Assistance Payments$19,102
EXPLANATION: Received an additional state allocation for Energy Assistance Program. No county dollars are
required.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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203
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/21/03
Additional Item #: 1Estimated Time:Page Number:
Department:Sheriff?s Office Presenter:Sheriff Causey, Lt. F. P. Clingenpeel
Contact:Sheriff Sidney A. Causey
SUBJECT:
Approval of Local Governmental Resolution
BRIEF SUMMARY:
Lt. F. P. Clingenpeel of the Sheriff's Office has submitted an equipment request FY2003. He has just been notified that the
proposal was approved for further consideration. The next step in the funding process is the submission of a project contract
application and a Local Governmental Resolution. The resolution authorizes application in the form prescribed by the
Governor's Highway Safety Program for federal funding in the amount of $13,250.00. The application and resolution are due by
April 25, 3003.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of the Local Governmental Resolution to seek federal funds for equipment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Funding is 100% federal, no local match is required.
ATTACHMENTS:
A1-1.doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve as recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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