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Agenda 2007 04-16 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembb Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wdmington, NC WilLIAM A. CASTER, CHAIRMAN. ROBERT G. GREER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD April 16, 2007 9:00 a.m. MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCATION PLEDGE OF ALLEGIANCE (Vice-Chairman Robert G. Greer) APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9: 10 a.m. 1. Presentation ofNe\v Hanover County Retirement Plaques 45 9:20 a.m. 2. Presentation of New Hanover County Service Awards 47 9:30 a.m. 3. Introduction of Newly Hired County Emplovees 49 9:35 a.m. 4. Introduction of New Extension Agents 51 9:40 a.m. 5. Recognition of A ward Recipients 53 9:45 a.m. 6. Consideration of "Week of the Young Child" Proclamation 55 9:50 a.m. 7. Consideration of "National County Government Week" Proclamation 57 10:00 a.m. 8. Consideration of "Child Abuse Prevention Month" Proclamation 61 10:05 a.m. 9. Consideration of Resolution Opposing the Solid Waste Management Act of 63 2007 and the Proposed $2.00/Ton Surcharge on Tipping Fees 10:15 a.m. 10. Presentation bv Cape Fear Resource Conservation & Development (RC&D) 85 10:25 a.m. 11. State of the Museum Presentation 87 10:35 a.m. 12. Consideration of Southeastern Center's Facility Needs 89 10:45 a.m. 13. Consideration of the Exchange Club of Lower Cape Fear Wilmington Request 91 for Funds for Veteran's Healing Field of Honor at the Battleship North Carolina 10:50 a.m. Break II :00 a.m. 14. Consideration of Support for the City of Wilmington to Negotiate a Special 95 Order of Consent with the State Regarding Improvements and Reduction in Flow to the Northeast Interceptor 11:15 a.m. 15. Committee Appointments 101 11:20 a.m. 16. Meeting of the Water and Sewer District 121 II :30 a.m. 17. Non-Agenda Items (limit three minutes) II :35 a.m. 18. Additional Items County Manager Commissioners Clerk to the Board County Attorney 11:40 a.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 11:20 a.m. 1. Non-Agenda Items (limit three minutes) 11:25 a.m. 2. Approval of Minutes 123 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 7 2. Appointment of Matt Hunter to the Proposed Cape Fear Public Utility Authoritv 9 for a Two-Year Term 3. Adoption of State Road Resolutions Requesting the State to Add Roads 11 4. Approval of Grant Request for Pretrial Release Program 15 5. Ratification of Grant Application for "Closing the Gap", an NC Office of 17 Minoritv Health Communitv-Focused Initiative to Eliminate Health Disparities 6. Approval of Request to Provide Colposcopy Services in Women's Preventive 25 Health (WPH) 7. Approval to Accept Grant Award from the Good Shepherd Fund, Inc. for Safe 29 Summer Program and Adoption of Ordinance for Associated Budget Amendment 07-155 8. Approval of Release of Tax Value 31 9. Adoption of Ordinances for Budget Amendments: 33 07 -173 Emergency Management 07-175 Health 07-176 Juvenile Day Treatment Center 07-178 Health 07-179 Health 07-180 Health 07 -181 Health 2007-82 Sheriffs Office 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the Agenda Review Meeting held on March 29, 2007, the Joint Meeting held on March 30, 2007 and the Regular Meeting held on April 2, 2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila Schult Item Does Not Require Review SUBJECT: Appointment of Matt Hunter to the Proposed Cape Fear Public Utility Authority for a Two-Year Term BRIEF SUMMARY: Matt Hunter is currently serving as a member of the joint advisory committee for the authority. The Wilmington City Council's Appointments Committee is recommending that Mr. Hunter be appointed as the ninth initial member who is to be appointed jointly by the City of Wilmington and the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Matt Hunter. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Matt Hunter's application ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 9 ~~ ~ lE ~ ~ [f ~ New Hanover County G, Board of Commissioners CO~TTEEAPPUCATION 320 Che,mut Stree~ Room 305 JUL 3 \ ".....,r 7, ._<- IJ Wilmiugton, NC 28401-4093 Telephone: (910) 798-7149 - Fax: 798-7]45 NEVI HANOVER CO Board/Committee: Water/Sewer Advisory Committee RD Of COMMISSION FRS Name: Matt Hunter Home Wilmington 28412 Address: 4501 W. Cascade Rd.. NC (Street) (City) (Zip Code) Mailing Address if different: N/A Home Phone: 910-392-1803 Business/W ork Phone: 910-232-0304 Years Living in 23 Caucasion 51 New Hanover County: Male: .f Female: Race: Age: - - (Information for the purpose or allvriDJ: . crolS section of the community) Employer: Advanced Investment Resources, LLC (A person currently employed by the. agency or department for which this application i. made~ must resign his/her position with New Hanover County .pOD .ppointmeat, in aecordance with Article VI, Section 4 of the New Hanover County PenonDel PolieYa) Job Title: Manager-Member Professional Activities: Manage family residential rental business. Volunteer Activities: President - Tidewater Camellia Club Why do you wish to serve on this board/committee? Primarily civic duty. My background fits this board and the county's need is very great concerning current sewer problems. Conflict of lntereat' If s board member believes he / she has a conflict or potential con met of interest on a particular issue, that member ahould state this belief to the other mem bers of his / her respective board during a public meeting. The member should state the nature of the conniet, detailing that he/she has a separate, private or monetary interest, e/the! direct or indirect, in the issue under consideration. The member should then excuse himself / herself from voting on the matter. What areas of concern would you like to see addressed by this committee? The new authority must be effective at both technical and customer service functions in our rapid-growth county. Q 1m . ~ . BS Engin_ring (1983) , UNCW MBA (1989) , several years engineering ua lcations or servmg: cognizance over many systems at BNP including Potable Water & onsite Sewage Treatment. Other municipal or county boards/committees on which you are serving: NONE List three local personal referenees and phone numbers: 1. Dan Dawson (Engineering/Consulting) 762-0766 2. Hugh Stewart (Engin_r/Business Entrepreneur) 367-0816 3. Joan Boyer (Teacher/Gardener) 798-2122 Date: ht?/o6 Signature: ~L~ Applications are kept on file for 18 months Use reverse side for additional comments 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult, Clerk to the Board Contact: Sheila L. Schult, Clerk to the Board Item Does Not Require Review SUBJECT: Adoption of State Road Resolutions Requesting the State to Add the following Roads: Wild Rice Way, Valeria Lane and Bellflower Lane in River Oaks Subdivision (Div. File No: 1095-N) Aquarius Drive between Marymount Subdivision and Bayshore Estates (Div. File No: 1096-N) BRIEF SUMMARY: NCDOT is considering the addition of these roads and requesting the Board to adopt the resolution in support of adding the roads. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt standard SR-2 resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: NCDOT letters ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 11 - ~ f" (f,' [" n ~II I"~ D .. t: L';I r;; Ii 'J L',! ri ' ~ [~~-~--I~i STATE OF NORTH CAROLINA NEW HM:(Af I! C0 I ED Of C()tY\;r!i!_;:-~!()Nf H:) I DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GOVERNOR SECRETARY March 20, 2007 Ms. Sheila Schult, Clerk to the Board New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401 Subject: Proposed Addition to the State System of Highways Dear Ms. Schult: This office is considering the addition of Wild Rice Way, Valeria Lane, Bellflower Lane, in River Oaks Subdivision (Div. File No: 1095- N) to the state system. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road name for our further handling. If I may be of further assistance, please advise. Very truly Yours~ (::ztd< Anthony . Law District Engineer A WL:cdr Attachments Cc: Jerry Taylor, New Hanover County Maintenance Engineer 300 Division Drive, Wilmington, N,C. 28401 Tel: (910) 251-2655 Fax: (910) 251-2759 -.. 12 ~ ~ fUa: nn: ~ MAR 2 3 2007 NEW HANOVER CO STATE OF NORTH CAROLINA SD. or COMMISSIONERS DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GOVERNOR SECRETARY March 21, 2007 Ms. Sheila Schult, Clerk to the Board New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401 Subject: Proposed Addition to the State System of Highways (This is a connector street between Marymount and Bayshores Sub.) Dear Ms. Schult: This office is considering the addition of Aquarius Drive between Marymount Subdivision aq\1/Bayshore Estates (Div. File No: lQ96- N) to the state system. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road name for our further handling. If we may be of further assistance, please call Cary Robbins. Very truly yours, :!::7:~ District Engineer A WL:cdr Attachments Cc: Jerry Taylor, New Hanover County Maintenance Engineer 300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251-2655 Fax: (910) 251-2759 " 13 This page intentionally left blank. 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 4 Estimated Time: Page Number: Department: DSS Presenter: LaVaughn Nesmith Contact: LaVaughn Nesmith SUBJECT: Approval to Apply for Grant from U. S. Department of Health and Human Services (USDHHS) BRIEF SUMMARY: The Department of Social Services in collaboration with community partners is requesting permission to submit a grant request through the USDHHS Special Improvement Project. This grant would explore opportunities for non-custodial parents who are on electronic monitoring and under-employed to participate in job training/job search programs. This will enable them to become gainfully employed and pay child support. No County match will be requested. Grant monies up to $100,000 are available the first year and will decrease during the two proceeding years. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve grant request. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . Pretrial Release G:ant .doc REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 15 Program Summary Incarceration can sometimes motivate non-custodial parents to pay their delinquent child support, but incarceration has its drawbacks. When behind bars, non-custodial parents are unable to work, and those without financial resources often fall further behind in their child support. The goal of enforcing a court ordered obligation is not to obtain a single payment, but to obtain ongoing support. Several of North Carolina's counties have found electronic monitoring (EM) to be an effective enforcement tool that helps secure consistent child support payments from non-custodial parents. Each of the counties uses the same basic principles, but operates its program in slightly different ways. In New Hanover County, our local child support office is collaborating with the District Court Judges and Pretrial Release Program to utilize its electronic monitoring resources to encourage compliance with child support orders. We are currently looking at implementing ajob training and job search program which would give us an opportunity to assist individuals with barriers to employment or to those individuals who are currently under-employed. Weare requesting approval to submit a grant to the US Department of Health and Human Services Office of Child Support Enforcement for funding through the Special Improvement Project. We plan to identify and contract with community organizations providing job training and job search activities to work with participants in the Pretrial Release Program to improve work skills and secure and maintain employment. The goals of this program will be to increase employment among the non-custodial parents involved in the Pretrial Release Program and, in turn, increase child support collections to improve the lives of their children. The maximum grant amount is $100,000 for the first year with decreasing amounts in years two and three. The monies would be used to contract with community non-profit organizations such as Phoenix Employment Ministries, Cape Fear Community College, Employment Security Commission and others to assist non-custodial parents in securing employment and provide supportive services to help with maintaining that employment. Deadline for submitting the grant is May 7, 2007. Organizations collaborating on this grant submission are: New Hanover County Pretrial Release Program, New Hanover County Child Support Office, New Hanover County Department of Social Services, Phoenix Employment Ministries, Cape Fear Community College and Employment Security Commission. The current monitoring and case-management responsibilities of the Pretrial Release Program for the EM participants makes the Pretrial Release Program the most logical organization to be the applicant for this grant. 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 5 Estimated Time: Page Number: Department: Health Presenter: Elisabeth Constandy, Health Education Supervisor Contact: Elisabeth Constandy SUBJECT: Ratification of Grant Application for "Closing the Gap", an NC Office of Minority Health Community-Focused Initiative to Eliminate Health Disparities BRIEF SUMMARY: The NC Office of Minority Health and Health Disparities is funding a three-year initiative to reduce health disparities at the local level. The New Hanover County Health Department (NHCHD) is seeking funding for a Health Educator to focus on prevention of HIV and other sexually transmitted infections, and to promote screening toward improved healthy outcomes. Education and service promotion will be provided throughout the County, with a primary focus on reaching the African American and Latino communities at the community level. The position will be eliminated upon expiration of grant funding. RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify grant application for a total of $225,000 ($75,000 per year for three years). If funds are awarded, a budget amendment will be presented to the County Commissioners for their approval. Funding Source: NC Division of Public Health, Office of Minority Health and Health Disparities. No matching County funds are required. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: Funding for one new Health Educator position to focus on prevention of HIV and sexually transmitted infections. Funding will also cover the cost of contracted interpreter services for provision of services to the Latino population. The new Health Educator position would share existing office space in the Health Promotion office. Position will be eliminated upon expiration of grant funding. ATTACHMENTS: Cover sheet from RFA; project description and needs; proposed budget The entire application is available for review in the County Manager's office. ~ ~ Iiil.:-:::.: Iiil.:-:::.: GA Closing the Gap HPA attachment l.doc GA Closing the Gap HPA attachment 2.doc REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: Approve 17 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 18 . ~ HealthyCmmm.mith:s. Everyone n. do,..lln..t .f hoalth and hqlnan ",,/... "CLOSING THE GAP" Request for Applications - #A-136 For The North Carolina Office of Minority Health and Health Disparities' Community-Focused Eliminating Health Disparities Initiative (CFEHDI) Funding Period July 1, 2007 - June 30, 2010 Issue Date - February 15,2007 Due Date - March 30, 2007 Direct Inquires to: Lisa C. Hodges, Interim Project Director NC Office of Minority Health and Health Disparities 1110 Navaho Drive Suite 510 Raleigh, North Carolina 27609 E-mail: lisa.hodges@ncmail.net 19 "Closing the Gap" Request for Applications from the NC Office of Minority Health and Health Disparities: Eliminating Health Disparities Initiative Grant background: The NC Office of Minority Health and Health Disparities has received funding to develop 3-year prevention based initiatives to reduce health disparities and improve health outcomes. A maximum of$75,000 per year is available ($225,000 total) to local health departments, community based organizations, and faith based organizations to address one the following areas: injury prevention, infant mortality, HIV 1 AIDS/STDs, chronic diseases, homicides, and motor vehicle deaths. Based on trend data related to sexually transmitted disease rates in New Hanover County, NHCHD will be submitting an application that focuses on reducing new infections, increasing testing, and raising overall awareness of prevention and testing resources. The primary target population for this project will be African American women in New Hanover County, ages 30-50. The grant funding will allow the addition of a full-time Health Educator dedicated to HIV and STD prevention and testing. The health department currently does not have a dedicated Health Educator to address sexually transmitted diseases. Demonstration of Need: North Carolina ranks 11 th in the nation as the most populous state and the fastest growing. According to the latest US census figures, North Carolina has the ih largest non-white population in the nation, with an overall ethic make up of about 22% black or African American (non-Hispanic) and ranking 15th in the nation for having the largest Hispanicl Latino population. New Hanover County has seen an increase in overall population of about 15,000-20,000 new residents since 2000, and also has a diverse population, with Black or African American residents representing 16% of the total population, and 3% overall Hispanic 1 Latino. (North Carolina Epidemiologic Profile for HIV/STD Prevention and Care Planning, August 2006. American Community Survey, 2005). New Hanover County has seen a substantial increase in sexually transmitted disease rates over the past three years (calendar years 2004-2006), and is ranked 11 th in the state for overall HIV infection cases and 14th in the state for overall AIDS cases. The North Carolina HIV disease infection rate for the period ofCY 2003-2005 was 21.1 cases per 100,000 persons, and average number of AIDS cases was 12.7 per 100,000 persons. New Hanover County's data for that same time period is well above state average, at 32.8/1 00,000 and 17.5/100,000 respectively. As of 12/31/05, there have been 760 total cases of HIV reported and 402 total cases of AIDS ever diagnosed in New Hanover County. (North Carolina 2005 HIV/STD Surveillance Report. Epidemiology and Special Studies Unit). Also on the rise are chlamydia, gonorrhea, and overall syphilis rates. (see graphs below) 20 New Hanover County: Chlamydia / Gonorrhea Trend Data 900 800 700 600 500 -Chlamydia 400 o -Gonorrhea 300 200 100 0 2004 2005 2006 New Hanover County: HIV / AIDS / Syphilis Trend Data 70 60 50 ......... Syphilis Total 40 -HIV 30 AIDS 20 10 0 2004 2005 2006 While the overall population of New Hanover County and the state is approximately 16- 20% African American, new cases of sexually transmitted diseases are highly over- represented in this demographic. There has been an increase in the numbers of African American females between the ages of30-50 years of age contracting HIV. Many of these women have male partners who are bisexual, and are unaware that these men are also having sex with other men. With the increase in divorce many women are out on the dating scene and are unaware of potential risks. In North Carolina in 2006 there were 542 new cases of HI V in women, and of those new cases 422 were African American. There are similar findings with men, with a total of 1480 HIV cases, of which 919 are black males. The state statistics are indicating that the population at highest risk is African American females, specifically African American females with MSM (men having sex with men) partners. Men having sex with men (MSM) and MSM/IDU 21 (intravenous drug use) account for 50% of reported HIV cases. (CDC HIV/AIDS HIV/AIDS and African Americans). (see graph below) 2006 Reports by Ethnicity: New Hanover County UI ~ 80% _........."............:.0.........:. ...........1.... .........................ww................... ~ 60% '. .. . ... ... .... ... 11II White ~ 40% '.. . Slack i 20% I] Other e 0% .1. . I . CI) a.. ..<I> 13'1> .&."" ~0 ~v ~'<:' ~ 0'1> ~'I>~ ~o ":J~<:/ <:>'c; v~ 00 i' Proposed Goals: The goal of this proposal is to fund a dedicated 1.0 FTE Health Educator to function as part of our Health Promotion and Clinic Teams. This position would be responsible for coordinating outreach in the community and target the aforementioned high-risk populations. Specific Goals: · To educate or reeducate the individuals who are in the high risk categories as identified by state and local data (African American women, particularly those who may be in relationships with MSM population and unaware) · To provide information on HIV disease and the disease process, on risk factors for HIV / AIDS and the different transmission for males and females · To provide information on the risk of other sexually transmitted diseases, such as chlamydia, gonorrhea, and syphilis. · To promote the availability ofHIV testing with HIV pre-test counseling and post-test counseling (the Health Educator will complete training for pre/post test counseling) · To reduce the barriers that keep people from being treated. The most common barriers include poverty, STD's and stigma (negative attitudes, beliefs, and actions directed at people who do things that might put them at risk for HIV). Long Term Goals: · Increase knowledge of at-risk populations about the risks of sexually transmitted diseases (STD's), including HIV. · Increase knowledge about specific risks associated with different behaviors related to STD's, including HIV. · Increase community knowledge of testing availability at NHCHD. · Increase numbers of community members seeking testing. · Increase early detection of STD's, and increase early treatment or referral for treatment, as to improve long-term health outcomes. 22 APPENDIX A-4 LINE ITEM BUDGET (NOTE: Complete a budget for each of the three years plus a cumulative budget. Provide specific details for each category in the Budget Narrative) Include only the line items relevant to your proposed project. CUMULATIVE PROJECT PERIOD: 07/1107 - 06/30/10 Three Year Applicant Proposed Projected Projected Cumulative 07 -08 08-09 09-10 Total Description PERSONNEL SERVICES SalarylWages 35,880 37,674 39,558 113,112 Social Security 2,745 2,882 3,026 8,653 Medical /Health Insurance 10,699 11,379 12,208 34,286 Retirement 1,776 1,865 1,958 5,599 I iB Total Personnel Services 51,100 53,800 56,750 1161,650 I'~ OPERATING EXPENSES Food Service Agreement Speakers Fee Interpreter Services 17,900 20,625 17,900 56,425 Rental/Leased Space I I Ground Transportation (Travel) 600 400 1200 11,200 Lodging I I Meals I I Internet Services Provider Charges B Telephone Service Cellular Phone Service Postage, Freight, Delivery Printing, Binding, and Duplication General Office Supplies 5,400 175 150 5,725 Educational Supplies Total Operatina EXDenses 23,900 21,200 18,250 63,350 N.C. Division of Public Health Page 36 of 533175252 RFA #A-136 February 15,2007 23 CONTRACTED SERVICES Describe: I nterpreter Services (listed above) I I Total Contracted Services Total Budgeted Expenditures 75,000 75,000 75,000 225,000 New Hanover County Health Department Name of Organization N.C. Division of Public Health Page 37 of 533175252 RFA #A-136 February 15,2007 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 6 Estimated Time: Page Number: Department: Health Presenter: Janet McCumbee, Personal Health Services Manager Contact: Janet McCumbee SUBJECT: Request to Provide Colposcopy Services in Women's Preventive Health (WPH) BRIEF SUMMARY: Pap smears are performed on women who receive Family Planning services, Sexually Transmitted Disease (STD) screening, and Breast and Cervical Cancer screening from our department. Fifteen percent of the pap results are abnormal and require colposcopy. Over the past year, the patients with abnormal pap smears, in need of colposcopy, have had to wait 4 to 5 months for the colposcopy to be scheduled at New Hanover Regional Medical Center (NHRMC). Recently, we were notified that NHRMC will only take referrals for the highest grade paps, leaving no referral source in New Hanover County. We are seeking $12,000 to purchase equipment to begin doing colposcopy in the Women's Health Clinic, and will seek grant funding for 07/08 for additional start-up costs and training. It is critical that these services are available as soon as possible so services can be received in a timely fashion to meet state requirements, rule out cancer, and determine follow-up care. At its April 4th meeting the Board of Health approved the request to begin providing this service as soon as possible and seek grant funds to purchase equipment and cover operating costs. Dr. Henry Temple, local GYN, has agreed to perform the colposcopy at the Health Department. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of request to establish program to provide colposcopy services using $12,000 from departmental budget to purchase necessary equipment to provide the service; apply for grants to fund associated costs; and receipt of grant funds if awarded. Funding Source: Seeking funds from several potential grant sources for start-up costs; operating expenditures supported by fees for services, state Cancer grant funds and Medicaid revenues. Space is available in the clinic for the colposcopy equipment and procedures. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Colposcopy Services Proposal ~ lilt:::.: capo Services Proposal.doc REVIEWED BY: 25 LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 26 New Hanover County Health Department 2029 South 17th Street Wilmington, NC 28401-4946 Phone 910/798-6500 FAX 910/341-4146 Colposcopy Service Proposal We are actively seeking funds ($12,000) for Colposcopy equipment. History The majority of Colposcopy exams performed in New Hanover County for women with Medicaid and for those without insurance have been done in the outpatient clinics at New Hanover Regional Medical Center. The OB/GYN residents and Coastal AHEC faculty perform an average of70 Colposcopy procedures per month and they have stated they are at capacity for this procedure. Need New Hanover County Health Department served 1589 female patients who received pap smears from January 1,2006 to September 27,2006. Female patients seek services for Family Planning, Sexually Transmitted Disease (STD) screening, and Breast and Cervical Cancer screening from our department. Of the pap smears obtained from January 1,2006 to September 27, 2006, two hundred forty nine (249) were abnormal, for a 15.54% rate. Over the past year, the patients with abnormal pap smears in need of Colposcopy have been waiting for 4 to 5 months from the time of notification, until Colposcopy could be scheduled at New Hanover Regional Medical Center. The current recommendation for pap follow-up is: referral within two weeks of receiving the abnormal results, with the final diagnosis and treatment plan sixty days from receipt of the abnormal pap results. Patients are receiving notification as recommended, but are not receiving a final diagnosis or treatment within the recommended time frame. This funding would allow the New Hanover County Health Department to provide Colposcopy services to our patients, so that they receive a treatment plan and final diagnosis within the recommended time frame. It would provide more efficient follow-up, service low-income patients, enhance continuity of care, and provide easier patient monitoring to assure compliance for abnormal pap smear follow-up. Approximately 75% of our patients have no insurance or Medicaid. There has also been an increase in Spanish speaking low-income clients who are in need of free services/reduced fees. Both Pender and Brunswick Health Departments do their own Colposcopy and the procedure is doable for our department, if we can obtain funds for the equipment. We have known since September of2006 that the NHRMC OB/GYN Clinic was back-logged and they had warned us that we may need to make other arrangements. Since we did not anticipate this before the current budget year, we had not budgeted to start Colposcopy in 06-07. We had hoped to seek grant funding from CFMF in July 07. Now the need is critical. NHRMC has stated they can take no more referrals for regular Colposcopy, indefinitely. They will continue to accept referrals from the Health Department for the very high risk paps (a small percentage of our totals). We request approval from the Board of Health and County Commissioners to start this new service if we can cover start-up equipment costs of$12,000 (Colposcopy machine, Autoclave, and instruments). Dr. Henry Temple, local GYN, has agreed to do the Colposcopy at our facility. Thank you for consideration of this request. Janet McCumbee, Personal Health Services Manager 3/21/07 27 This page intentionally left blank. 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 7 Estimated Time: Page Number: Department: Sheriffs Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Accept Grant Award from the Good Shepherd Fund, Inc. for Safe Summer Program BRIEF SUMMARY: The Sheriffs Office has received a $2,000 grant award from Good Shepherd Fund, Inc., to be used for the Safe Summer Program. This is the second year that the Sheriffs Office has received a grant award from the Good Shepherd Fund. The previous award was $1,000. The Safe Summer Program is an annual event held during the summer and serves as a continuum of the training that the DAR.E (Drug Awareness Resistance Education) Program provides during the school year. Students that graduate from the DAR.E. Program participate in the Safe Summer Program. The summer program allows children to participate in activities which reinforce the positive elements of life and enables them to see that there are alternatives to drug usage. The Good Shepherd Fund grant awards are to be used for drug abuse prevention, intervention and education. There is no local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the grant and approve the associated budget amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: $2,000 Good Shepherd Fund, Inc. ATTACHMENTS: ~ ........ . .. 07 -155 3-30-07. doc REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 29 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-155 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-155 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: SherifflPatrol Exnenditure: Decrease Increase Safe Summer Program $2,000 Total $2,000 Revenue: Decrease Increase Good Shepherd Grant $2,000 Total $2,000 Section 2: Explanation To budget funds received from Good Shepherd Fund, Inc., for the Safe Summer Program. These funds are used for drug abuse prevention, intervention, and education. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-155 amending the arumal budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) -------- William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 8 Estimated Time: Page Number: Department: TAX Presenter: Contact: Bob Glasgow Item Does Not Require Review SUBJECT: Release of Value BRIEF SUMMARY: Request the following taxpayers be granted the Senior Citizen/Disability Exclusion (applications and letters explaining late filing available upon request): Hunter, Preston Leroy Etux. 35,167 Request the following late list penalty be released as this is the taxpayer's first offense: Atel Business Credit Inc. 3,014.67 Request approval of the following delinquent applications for exemption from property tax for the following organizations (applications and letters explaining late filing are available upon request) Mt. Nebo Missionary Baptist Church R0541 0-023-002-000 Wilmington Housing Authority R05414-001-023-000 R05414-001-024-000 R05414-001-025-000 R05414-001-026-000 R05414-001-034-000 R05414-001-031-000 R05414-001-033-000 R05414-001-035-000 R05414-001-037-000 R05414-001-040-000 R05414-001-041-000 R05414-001-042-000 R05414-001-043-000 RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: 31 ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Consent Item #: 9 Estimated Time: Page Number: Department: Budget Presenter: Contact: Cam Griffin SUBJECT: Adopt Ordinances for Budget Amendments Listed Below BRIEF SUMMARY: The following Budget Amendments amend the annual budget ordinance for the fiscal year ending June 30, 2007: 07-173 - Emergency Management - budget funds from escrow account to purchase supplies for Co-Location Shelter 07-175 - Health - adjust budget to actual funds awarded by Safe Schools grant 07-176 - Juvenile Day Treatment Center - adjust budget to actual funds from New Hanover County Schools 07-178 - Health - adjust budget to reduce operating expenses and revenue for Travel Shot Clinic 07-179 - Health - adjust budget to reduce revenue and expenses for Mobile Dental Unit Program 07-180 - Health - adjust budget for receipt of funds for Women's Preventive Health grant 07-181 - Health - transfer funds for landscaping costs for Spay/Neuter Facility 2007-82 - Sheriff - budget for Controlled Substance Tax funds received RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of Ordinances for the Budget Amendments listed in the above Summary. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2007. ATTACHMENTS: ~ ~ ~ ~ ~ ~ ........ ........ ........ ........ ........ ........ ... . ... . ... . ... . ... . ... . 07-173 3-a-~7.doc 07-17~ 3-a-~7.doc 07-175 3-22-~7.doc 07-178. 3-a-~7.doc o 7-179" 3-22-~ 7.doc 07-1 go 3-22-~7.doc ~ ~ ........ ........ ... . ... . 07-1 B1l;-4-~7.doc 2W7-B2 3-3-rr-~7.doc REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: 33 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 34 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-173 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -173 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Emergency Management Exnenditure: Decrease Increase Supplies $6,240 Total $6,240 Revenue: Decrease Increase Contributions from Escrow $6,240 Total $6,240 Section 2: Explanation To transfer funds from the Co-Location Shelter Escrow account to the General Fund to purchase supplies, such as cages, plastic rolls, fans, etc., for needs of animals during emergency situations. Approval was given for the Co-Location Shelter on the December 12, 2006, Agenda. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-173 amending the ammal budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 35 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-175 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -17 5 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Safe Schools Exnenditure: Decrease Increase Salaries and Wages $27,830 Social Security Taxes $2,122 Retirement - Local Government $1,349 Medical Insurance Expense $7,913 Long Term Disability $59 Printing $150 Supplies $3,296 Employee Reimbursement $600 Training and Travel $456 Total $43,775 Revenue: Decrease Increase Safe Schools - United for Youth $43,775 Total $43,775 Section 2: Explanation Budget is being adjusted because Safe Schools awarded Health Department $13,225 for the period 2/1/07 through 6/30/07, which is $43,775 less than what was originally budgeted. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-175 amending the ammal budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) -------- William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 36 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-176 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -176 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Juvenile Day Treatment/Schools Exnenditure: Decrease Increase Salaries and Wages $6,000 Total $6,000 Revenue: Decrease Increase NHC Schools Contribution $6,000 Total $6,000 Section 2: Explanation To budget for additional funds received from New Hanover County Schools. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-176 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) -------- William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 37 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-178 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -178 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: HeaIthlEpidemiology Exnenditure: Decrease Increase Salaries and Wages $20,000 Supplies $13,000 Total $33,000 Revenue: Decrease Increase Health Fees $33,000 Total $33,000 Section 2: Explanation The Travel Shot Clinic opening was delayed due to operational issues with regard to Physician's Standing Orders and other administrative details that took additional time to ensure operating procedures satisfied all necessary requirements for compliance. As a result, the hiring of the nurse was delayed and operating expenses were reduced for the current fiscal year. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-178 amending the ammal budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) -------- William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 38 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-179 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -179 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Mobile Dental Unit Exnenditure: Decrease Increase Salaries and Wages $30,000 Contracted Services $40,000 Supplies $55,000 Total $125,000 Revenue: Decrease Increase Title XIX Fees $125,000 Total $125,000 Section 2: Explanation The New Hanover County Health Department's Mobile Dental Unit Program has contracted with a new Dentist to provide professional services on the unit. The recruiting effort spanned a several month period during which temporary Dentists were used to staff the Unit. As a result, revenue generation and the associated operating expenditures have been reduced for the current fiscal year. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-179 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) -------- William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 39 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-180 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -180 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: HeaIthlWomen's Preventive Health Exnenditure: Decrease Increase Supplies $33,370 Total $33,370 Revenue: Decrease Increase Women's Preventive Health Grant $33,370 Total $33,370 Section 2: Explanation To budget additional funds received from Women's Preventive Health grant. Funds will be used for any family planning (Title X) approved expense. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-180 amending the arumal budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) -------- William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 40 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-181 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07 -181 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: Health Department: Animal Control Exnenditure: Decrease Increase M & R Buildings & Grounds $2,500 Total $2,500 Revenue: Decrease Increase Contribution from Escrow Account $2,500 Total $2,500 Section 2: Explanation Escrow funds are being transferred from the Animal Control Fundraising Account for landscaping costs for Animal Control's Spay/Neuter Facility. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-181 amending the ammal budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) -------- William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 41 AGENDA: April 16, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 2007-82 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2007 -82 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriff/Controlled Substance Tax Exnenditure: Decrease Increase Supplies $7,748 Total $7,748 Revenue: Decrease Increase Controlled Substance Tax $7,748 Total $7,748 Section 2: Explanation To budget Controlled Substance Tax funds received on 3/23/07. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2007-82 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this day of ,2007. (SEAL ) -------- William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 42 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9: 10 a.m. 1. Presentation of New Hanover County Retirement Plaques 45 9:20 a.m. 2. Presentation of New Hanover County Service Awards 47 9:30 a.m. 3. Introduction of Newly Hired County Employees 49 9:35 a.m. 4. Introduction of New Extension Agents 51 9:40 a.m. 5. Recognition of A ward Recipients 53 9:45 a.m. 6. Consideration of "Week of the Young Child" Proclamation 55 9:50 a.m. 7. Consideration of "National County Government Week" Proclamation 57 10:00 a.m. 8. Consideration of "Child Abuse Prevention Month" Proclamation 61 10:05 a.m. 9. Consideration of Resolution Opposing the Solid Waste Management Act of 63 2007 and the Proposed $2.00/Ton Surcharge on Tipping Fees 10:15 a.m. 10. Presentation by Cape Fear Resource Conservation & Development (RC&D) 85 10:25 a.m. 11. State of the Museum Presentation 87 10:35 a.m. 12. Consideration of Southeastern Center's Facility Needs 89 10:45 a.m. 13. Consideration of the Exchange Club of Lower Cape Fear Wilmington Request 91 for Funds for Veteran's Healing Field of Honor at the Battleship North Carolina 10:50 a.m. Break 11 :00 a.m. 14. Consideration of Support for the City of Wilmington to Negotiate a Special 95 Order of Consent with the State Regarding Improvements and Reduction in Flow to the Northeast Interceptor 11:15 a.m. 15. Committee Appointments 101 11:20 a.m. 16. Meeting of the Water and Sewer District 121 11 :30 a.m. 17. Non-Agenda Items (limit three minutes) 11 :35 a.m. 18. Additional Items County Manager Commissioners Clerk to the Board County Attorney 11:40 a.m. ADJOURN 43 This page intentionally left blank. 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 1 Estimated Time: Page Number: Department: Human Resources Presenter: Bruce Shell Contact: Libby Moore Item Does Not Require Review SUBJECT: Presentation of New Hanover County Retirement Plaques BRIEF SUMMARY: The following employees are eligible to receive New Hanover County Retirement Recognition: James A. Oxendine, Social Services - Human Services Agency Business Officer 24 Years of Service Rosetta S. Bryant, Human Resources - Human Resources Specialist 23 Years of Service Mary B. Southerland, Social Services - Social Worker 13 Years of Service Patricia J. Raynor, Tax Department - Collector of Revenue 33 Years of Service Peggy R. Heatherley, Register of Deeds - Assistant Register of Deeds 30 Years of Service RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present retirement plaques. COMMISSIONERS' ACTIONS/COMMENTS: 45 This page intentionally left blank. 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 2 Estimated Time: Page Number: Department: Human Resources Presenter: Bruce Shell Contact: Marlene Carney Item Does Not Require Review SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The following employees are eligible to receive New Hanover County Service Recognition: FIVE (5) YEAR: Shannon Eakins - Information Technology; Thomas Prokop - Sheriffs Office; Thomas Cotton - Environmental Management; Jennifer Warren - Social Services TEN (10) YEAR: Patricia Bryant - Property Management; Curley Johnson - Property Management; Regina James - Health Department FIFTEEN (15) YEAR: Cindy Smith - Social Services; Kevin Reeves - Parks Department TWENTY (20) YEAR: Barbara McCray - Tax Department TWENTY FIVE (25) YEAR: Robert Bowen, Information Technology; Paulette Long - Social Services RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present service awards. COMMISSIONERS' ACTIONS/COMMENTS: 47 This page intentionally left blank. 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 3 Estimated Time: Page Number: Department: Human Resources Presenter: Bruce Shell Contact: Marlene Carney Item Does Not Require Review SUBJECT: Introduction of Newly Hired County Employees BRIEF SUMMARY: A list of employees will be provided prior to the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize new employees. COMMISSIONERS' ACTIONS/COMMENTS: 49 This page intentionally left blank. 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 4 Estimated Time: Page Number: Department: Cooperative Extension Service Presenter: Melissa Hight Contact: Melissa Hight SUBJECT: Introduction of New Extension Agents BRIEF SUMMARY: Cooperative Extension has three new Agents: Beth Ann Scisco, Horticultural Therapy Agent Marcia Doering, Urban Horticultural Agent/Arboretum Coordinator Aimee Allen, 4-H Youth Development Agent We look forward to growing our educational programs with the addition of these very talented new staff members. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize and welcome new County employees. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize new Cooperative Extension Agents. COMMISSIONERS' ACTIONS/COMMENTS: 51 This page intentionally left blank. 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 5 Estimated Time: Page Number: Department: Cooperative Extension Service Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: Recognition of Award Recipients BRIEF SUMMARY: The 2007 State Extension Conference was held in Raleigh, with an awards banquet on March 12,2007. Two awards were presented to New Hanover County staff. Melissa Hight, New Hanover County Extension Director, received the Carol M. Birckhead Award for Outstanding County Extension Director. This award is presented to a County Extension Director recognized by staff, peers, volunteers and local government for outstanding leadership and citizenship. David Nash, Extension Coastal Management Agent, received the Charles M. Brickhouse Development Award. The $2,500 scholarship will be used to study Beach Vitex eradication methods used in Hawaii, which is the only place this invasive species is native. The education gleaned from this study trip will be used to help our coastal counties deal with removal of this plant more effectively. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize Melissa Hight and David Nash. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize Melissa Hight and David Nash. COMMISSIONERS' ACTIONS/COMMENTS: 53 This page intentionally left blank. 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 6 Estimated Time: Page Number: Department: County Manager Presenter: Bruce Shell or Commissioner Pritchett Contact: Mark Boyer SUBJECT: "Week of the Young Child" Proclamation BRIEF SUMMARY: Smart Start of New Hanover County and the National Association for the Education of Young Children will observe the "Week of the Young Child," April 22-28. A group of children will be brought to the April 16 meeting by Smart Start of New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize the children and adopt attached proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. THE WEEK OF THE YOUNG CHILD PROCLJl.MATION.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 55 NEW HANOVER COUNTY BOARD OF COMMISSIONERS THE WEEK OF THE YOUNG CHILD PROCLAMA nON WHEREAS, Smart Start of New Hanover County, in conjunction with the National Association for the Education of Young Children, is celebrating The Week of the Young Child April 22-28, 2007; and WHEREAS, since 1997, Smart Start of New Hanover County has provided health care, family support, and access to quality and affordable child care to the 11,500+ children under age six that live in the county; and WHEREAS, 25% of children ages birth to five in New Hanover County live in single parent homes, 19% of children ages birth to five in New Hanover County live in poverty and 6% of children in New Hanover County who receive child care subsidy are enrolled in non-licensed care situations; and WHEREAS, the future of our community depends on the quality of early childhood experiences provided to young children today; and WHEREAS, high quality early childhood services represent a worthy commitment to our children's future. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the week of April 22-28, 2007 be recognized as "THE WEEK OF THE YOUNG CHILD" in New Hanover County. All citizens are urged to recognize and support the needs of our young children. ADOPTED the 16th day of April 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 56 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 7 Estimated Time: Page Number: Department: County Manager Presenter: Mark Boyer Contact: Mark Boyer SUBJECT: Proclamation: "National County Government Week," April 22-28 2007 BRIEF SUMMARY: The National Association of Counties recognizes the week of April 22-28, 2007 as "National County Government Week." The theme, as established by NACO is "Protecting the Environment". A planning committee made up of representatives of each County department has planned a week-long series of events to mark this occasion. The activities will include the Chairman's State of the County Address and an open house and dedication of the New Hanover County Government Center. An updated calendar of events will be distributed at the meeting and shown on NHCTV. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation, adopt proclamation and encourage citizens to participate in a week-long series of events at various locations. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ ........ . .. ... . Proclamation Government VI eek. doc gO\" week: ~ched:je.:tf REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 57 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL COUNTY GOVERNMENT WEEK PROTECTING THE ENVIRONMENT PROCLAMATION WHEREAS, the nation's 3,066 counties provide a variety of essential public services to communities serving 300 million Americans; and WHEREAS, counties take seriously their responsibility to protect and enhance the health, welfare and safety of its citizens in sensible and cost-effective ways; and WHEREAS, many county government initiatives involve the protection of valuable and vulnerable environmental resources in communities; and WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States, provides essential services to the nation's counties, advances issues with a unified voice before the federal government, improves the public's understanding of county government, assists counties in finding and sharing innovative solutions through education and research, and provides value-added services to save counties and taxpayers money; and WHEREAS, the National Association of Counties first celebrated National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation's counties to meet the needs of the community; and WHEREAS, in recognition of the leadership, innovation and valuable service provided by the nation's counties. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the week of April 22-28, 2007 be recognized as "NATIONAL COUNTY GOVERNMENT WEEK" in New Hanover County, and that all citizens are encouraged to participate in planned activities scheduled throughout the week including Open House at the New Hanover County Government Center on Friday, April 27, 2007. ADOPTED the 16th day of April 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 58 ""\~~ i" 5,-' . 'I{I "I ~ 'i ~\ .. J ~"c ~(~:;..--- April 2007 "Protecting the Environment" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Board of Environmental Earth Day Commissioners Panel, Main Celebration Hugh Proclamation Library 7:30 pm MacRae Park Noon-6pm FREE Rabies vaccinations Animal Control 22 23 24 25 26 27 28 Earth Day Educational Arboretum Tours JDTC Students Arboretum Tours Open House 2pm- FREE DAY, Airlie Bradley Creek classes for @10and2 tour Government @10&2 6pm Gardens, Tours 1 Kayak Eco Tour homeowners 10- State of the Center 10am Low Impact Dedication 3pm & 3pm 12-2pm 11 :30 and 2-3:30 County Address, room 601 Development FREE Day at Training Room B Courthouse,6pm Tours at Landfill Class 10-11 :30, Cape Fear Bike to work and WASTEC Room 601, Museum event? 10 and 2 m 29 30 . Board of Commissioners Proclamation, April 16 . A Pre-County Government Week Environmental Panel will be hosted by the Main Library April 18 and will include representatives from local environmental organizations who will discuss what they do and how members of the community can get involved. . Lower Cape Fear Earth Day Celebration at Hugh MacRae Park, Saturday, April 21 Noon-6pm . FREE Rabies vaccination clinic, NHC ACS 1-3 pm . Airlie Gardens Eco Tour of Bradley Creek, Sunday April 22, from Noon-2. Cost is $50/person. Limited to 12 participants. . Display tables will be set up at the New Hanover County Government Center throughout the week (Atrium) . Landfill and W ASTEC tours will be held at lOam and 2 pm Wednesday, April 25 . Guided tours of the NHC Arboretum Tuesday and Thursday, lOam and 2 pm . State of the County Address by Chairman Caster is Tuesday, April 24 at 6:00 pm and will be televised on NHCTV . Students from the NHC Juvenile Day Treatment Center visit the NHC Government Center for a meet and greet with the county manager and a brief 'government 101' class. Commissioner's Conference Room 601. 59 . Planning Department is sponsoring a "Low Impact Development" class for engineers and contractors on Thursday. Environmental Management, NHWSCD, Airlie & Cooperative Extension will sponsor workshops for homeowners on Monday, 10-11 :30 and 2-3 :30. . City of Wilmington's "Water Use it Wisely" display will be set up throughout the week . Tours of the EOC and 911 Center will be offered during Open House, April 27 . Dedication will be held at 3:00 pm, Friday April 27. Ceremony will include painting presentation by contractor. . Environmental vehicles (Vector Control, Fire, Sheriff, sewer cam, etc) will be on display during Open House, Friday April 27 2-6 . Ability Garden Plant Sale during Open House, Friday, April 27 . FREE day at Cape Fear Museum . FREE day at Airlie Gardens, guided tours at I :00 and 3 :00 60 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 8 Estimated Time: Page Number: Department: DSS Presenter: LaVaughn Nesmith Contact: LaVaughn Nesmith SUBJECT: "Child Abuse Prevention Month" Proclamation BRIEF SUMMARY: April has been designated as Child Abuse Prevention Month in North Carolina. We would like for the Board of Commissioners to join Governor Michael F. Easley and other North Carolina counties in proclaiming the month of April as "Child Abuse Prevention Month." RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. Child Abuse Prevention Proclamation. doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 61 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CHILD ABUSE PREVENTION MONTH PROCLAMATION WHEREAS, child abuse continues at near record levels across our Nation and our State; and WHEREAS, in Fiscal Year 2005-2006, there were 3,003 child abuse and neglect reports resulting in 2,172 investigations involving 3,333 children in New Hanover County; and WHEREAS, 459 children in New Hanover County were found to be abused or neglected; and WHEREAS, April 2007 has been proclaimed Child Abuse Prevention Month in North Carolina by Governor Michael F. Easley; and WHEREAS, beyond the family unit, the effects of child abuse are most immediately felt in neighborhoods and communities; and WHEREAS, child abuse, like other crimes and social problems, destroys the tranquility of families, neighborhoods and communities and robs children of their childhoods and neighborhoods of their vitality; and WHEREAS, the family unit is the building block of the community, and healthy families make healthy communities; and WHEREAS, the most effective solutions are local solutions and there are within our community, professionals of all disciplines and volunteers from all walks of life dedicated to the amelioration of the effects of child abuse. NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2007 be recognized as "CHILD ABUSE PREVENTION MONTH" in New Hanover County. The Board of County Commissioners pledges themselves and asks our citizens, public and private, professional and volunteer, to redouble their efforts to obliterate the social problem of child abuse from our families, our neighborhoods and our community. ADOPTED the 16th day of April 2007. William A. Caster, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 9 Estimated Time: Page Number: Department: Governing Body Presenter: Commissioner Nancy H. Pritchett Contact: Dave Weaver SUBJECT: Consideration of Resolution Opposing the Solid Waste Management Act of 2007 and the Proposed $2.00/Ton Surcharge on Tipping Fees BRIEF SUMMARY: The attached resolution, at the request of Commissioner Pritchett, requests the County's legislative delegation to oppose the attached proposed Solid Waste Management Act of 2007, which has recently been filed in the House. This proposed Act, among other things, would establish the creation of a $2.00/ton surcharge tax on all municipal solid waste disposed in the State, to be used in a new Inactive Hazardous Sites Cleanup Fund for the cleanup of orphan landfills. There are concerns that orphan landfills are not such an extensive problem that they would require the increase in tip fees. The N. C. Chapter of the Solid Waste Association of North America is also against this proposal. It is important to note that this Bill contains other items that would drive up the cost of landfill construction, such as increased permit fees and construction standards. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider the attached resolution. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ ........ . .. RESOLUTION.doc HB1233.doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation and consider the resolution. COMMISSIONERS' ACTIONS/COMMENTS: 63 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the proposed House Bill 1492, "The Solid Waste Management Act of2007," contains measures that would cost New Hanover County residents in excess of $575,000 annually; and WHEREAS, House Bill 1492 contains measures such as the proposed $2.00 per ton surcharge tax as well as permitted solid waste management fees which would greatly increase solid waste disposal fees; and WHEREAS, House Bill 1492 requires that all construction and demolition debris be placed in a sanitary landfill without credit for recycling which is excessive and costly; and WHEREAS, the New Hanover County Board of Commissioners believes state taxes and fees should not be imposed on "enterprise" funds. THEREFORE, the New Hanover County Board of Commissioners recommends to the New Hanover County Legislative Delegates that they oppose the proposed measures of the Bill as detrimental to the financial stability of counties. Adopted the 16th day of April 2007. William A. Caster, Chairman Attest: Sheila L. Schult, Clerk to the Board 64 H1233 [Filed] Page 1 of 19 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 H D HOUSE DRH80225-RIxf-9A * (02/09) Short Title: Solid Waste Management Act of2007. (Public ) Sponsors: Representatives Gibson, Allen, and Harrison (Primary Sponsors). Referred to: A BILL TO BE ENTITLED AN ACT TO: (1) CLARIFY THE CIRCUMSTANCES UNDER WHICH AN APPLICATION FOR A SOLID WASTE MANAGEMENT PERMIT MAYBE DENIED; (2) SPECIFY TECHNICAL REQUIREMENTS FOR SOLID WASTE CONTAINERS; (3) PROVIDE THAT SOLID WASTE MANAGEMENT PERMITS ARE NOT TRANSFERABLE; (4) INCREASE THE PENALTIES THAT MAY BE IMPOSED FOR SOLID WASTE VIOLATIONS; (5) REQUIRE THAT AN APPLICANT FOR A PERMIT AND A PERMIT HOLDER ESTABLISH FINANCIAL RESPONSIBILITY TO ENSURE THE AVAILABILITY OF SUFFICIENT FUNDS FOR PROPER DESIGN, CONSTRUCTION, OPERATION, MAINTENANCE, CLOSURE, AND POST -CLOSURE MONITORING AND MAINTENANCE OF A SOLID WASTE MANAGEMENT FACILITY; (6) REQUIRE THAT AN OWNER OR OPERATOR OF A SANITARY LANDFILL ESTABLISH FINANCIAL RESPONSIBILITY SUFFICIENT TO COVER A MINIMUM OF THREE MILLION DOLLARS IN COSTS FOR POTENTIAL ASSESSMENT AND CORRECTIVE ACTION AT THE FACILITY, IN ADDITION TO OTHER FINANCIAL RESPONSIBILITY REQUIREMENTS; (7) CLARIFY AND EXPAND THE SCOPE OF ENVIRONMENTAL COMPLIANCE REVIEW REQUIREMENTS; (8) CLARIFY THAT A PARENT, SUBSIDIARY, OR OTHER AFFILIATE OF THE APPLICANT OR PARENT, INCLUDING ANY BUSINESS ENTITY OR JOINT VENTURER WITH A DIRECT OR INDIRECT FINANCIAL OR EQUITY INTEREST IN THE APPLICANT IS SUBJECT TO FINANCIAL RESPONSIBILITY AND ENVIRONMENTAL COMPLIANCE REVIEW; (9) SPECIFY ADDITIONAL TECHNICAL REQUIREMENTS FOR SOLID WASTE MANAGEMENT FACILITIES; (10) REQUIRE THAT ALL APPLICANTS FOR SOLID WASTE MANAGEMENT FACILITY PERMITS CONDUCT AN ENVIRONMENTAL IMPACT STUDY AND TRAFFIC STUDY; (11) CLARIFY THE CIRCUMSTANCES UNDER WHICH A UNIT OF LOCAL GOVERNMENT MAY COLLECT A SOLID WASTE AVAILABILITY FEE; (12) AUTHORIZE CERTAIN UNITS OF LOCAL GOVERNMENT TO HIRE LANDFILL LIAISONS; (13) PROVIDE FOR STATE-LEVEL REVIEW OF PROPOSED MULTI-JURISDICTIONAL SOLID WASTE MANAGEMENT FACILITIES; (14) ESTABLISH FEES APPLICABLE TO PERMITS FOR SOLID WASTE MANAGEMENT FACILITIES TO SUPPORT THE SOLID WASTE MANAGEMENT PROGRAM; (15) ESTABLISH A SOLID WASTE DISPOSAL FEE TO BE IMPOSED ON THE DISPOSAL OF MUNICIPAL SOLID WASTE IN http://www.ncga.state.nc. us/Sessions/2007/Bills/House/HTML/H 123 3vO.html 3/29/2007 65 H1233 [Filed] Page 2 of 19 LANDFILLS IN THE STATE AND ON THE TRANSFER OF MUNICIPAL SOLID WASTE FOR DISPOSAL OUTSIDE THE STATE IN ORDER TO PROVIDE FUNDS FOR THE ASSESSMENT AND REMEDIATION OF ORPHAN LANDFILLS AND OTHER CONTAMINATED SITES; AND (16) MAKE RELATED CLARIFYING, CONFORMING, AND TECHNICAL CHANGES. The General Assembly of North Carolina enacts: SECTION 1. G.S. 130A-294 reads as rewritten: "~130A-294. Solid waste management program. (a) The Department is authorized and directed to engage in research, conduct investigations and surveys, make inspections and establish a statewide solid waste management program. In establishing a program, the Department shall have authority to: (1) Develop a comprehensive program for implementation of safe and sanitary practices for management of solid waste; (2) Advise, consult, cooperate and contract with other State agencies, units of local government, the federal government, industries and individuals in the formulation and carrying out of a solid waste management program; (3) Develop and adopt rules to establish standards for qualification as a "recycling, reduction or resource recovering facility" or as "recycling, reduction or resource recovering equipment" for the purpose of special tax classifications or treatment, and to certifY as qualifYing those applicants which meet the established standards. The standards shall be developed to qualifY only those facilities and equipment exclusively used in the actual waste recycling, reduction or resource recovering process and shall exclude any incidental or supportive facilities and equipment; (4) a. Develop a permit system governing the establishment and operation of solid waste management facilities. A landfill with a disposal area of 1/2 acre or less for the on-site disposal of land clearing and inert debris is exempt from the permit requirement of this section and shall be governed by G.S. 130A-301.1. The Department shall not approve an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill, excluding demolition landfills as defined in the rules of the Commission, except as provided in subdivisions (3) and (4) of subsection (bl) of this section. No permit shall be granted for a solid waste management facility having discharges that are point sources until the Department has referred the complete plans and specifications to the Environmental Management Commission and has received advice in writing that the plans and specifications are approved in accordance with the provisions ofG.S. 143-215.1. If the applicant is a unit of local government, and has not submitted a solid waste management plan that has been approved by the Department pursuant to G.S. 130A-309.09A(b), the Department may deny a permit for a sanitary landfill or a facility that disposes of solid waste by incineration, unless the Commission has not adopted rules pursuant to G.S. 130A-309.29 for local solid waste management plans. In any case where the Department denies a permit for a solid waste management facility, it shall state in writing the reason for denial and shall also state its estimate of the changes in the applicant's proposed activities or plans that will be required for the applicant to obtain a permit. ~ The i:J::ltlMiee 6f pem"iit::! fer fJaflitlH) lMisHlh 61gertttes B) 16eal g6, ermneflt3 ifJ cmeffipt :B6m the efl"/ir6mnefttal iffll'aet ::!tffiementfJ reCJ.tlires by ,\rtiele 1 6fChltf'ter 112,\ 6fthe Cefleral StltttltefJ, efltitles the }l6I'th Cfll:elifla Efl,ir5flIHefttal Pelie) Aet ef 1971. /Jl fJaflitaI) laflsHll permit::! hfJ\:les t6 16eal g6, emmeflt::! prier t6 hil-) 1, 1981, are hereB) validffies 1'l.6tviith::!tfrluliflg MiY fail\:lre (6 pr6, iae efl"/ir6nffiefltal illl}9aet :JtLNeIHefltfJ http://www.ncga.state.nc. us/Sessions/2007/Bills/House/HTMLIH 123 3vO.html 3/29/2007 66 H1233 [Filed] Page 3 of 19 l'H:lI:3tlMrl: ta the n 5l'ffl Cltfalifla LW. iraflmental P61iey Aet af 1971, c. The Department shall deny an applicatiQJl for a permit for a solid waste management facility if the Department finds that: .L Con~tI1Jction or operation of the proposed facility would b~jnconsistent with or violate rules adopted by the Commission. 2. Construction or operation of the proposed facility would result in a violation of water quality standards adopted by the Environmental Ma.nagement Commission pursuant to G.S. 143-214.1 for waters. as defined in G.S. 143-213. 1, Construction or operation of the proposed facility would result in majorQI irreversible damage to important envirQIlmentaL historic. cultural. scientific, or i')cenic values, or natural systems or processes whJch are of more than local significance.Qr could unreasonably endanger life or propert)'. as a result of natural hazards. or could result in loss of continued long-range productivity ill renewable resource areas. 4. ConstructioIl_QL operation of the proposed facility would limit or threaten access to or use of public trust waters. ~ The proposed facility would be located in a natural hazard area, including a floodplain or an area subject to excessive seismic activity. such that the facility will present a risk to public health or safety. 6. There is a practicablea.lternative that would accomplish thepl!Il2oses of the Jlroposed facility with less adverse impact. on public resources, consid~riIlg engineering requirements and economic costs. 7. The cumulative impactsQf the proposed facility and oth~r facilities in the ar~ of the proposed facility would violate the criteria s~ forth ___m sub-sub-subdivisions (2) through (5) of this sub-subdivision. t4tt1 N6 }3en:nit :3hall be grBfttea f61 1tfi'Y }3tlblie 6r }3rivate 3aflitary lanafill t6 reeei';e :361itJ fl6fl raaiMetive .. a:3te geflerltt6tJ 6tlt:3iae tl1e b6tlnellwie:3 6f ~J61'l:h Cltf6liH.B. t6 ee ae}38:3itetJ, \::lflle:33 s\::leh '.. a3te ha3 }31 eVi8\::lsly eeeft ift3}3eetea by tl16 38lia .?ast6 regtllltt6l') ~ene) 8f thltt ftMi8fl, 3tltte 6r territ8l), ehltfaeterizea iR aetail It:) t8 it:) e8fltents ltfl6 eertifiea by tl1M agefley t6 ee R8ft injtlri8tl:3 t6 health ltfla :3afdy. The C8mmi33i8fl shall aa81't I I:lle:3 t6 iffll"lemeflt this stlefjeeti8fl. (5) Repealed by Session Laws 1983, c. 795, s. 3. (5a) Designate a geographic area within which the collection, transportation, storage and disposal of all solid waste generated within said area shall be accomplished in accordance with a solid waste management plan. Such designation may be made only after the Department has received a request from the unit or units of local government having jurisdiction within said geographic area that such designation be made and after receipt by the Department of a solid waste management plan which shall include: a. The existing and projected population for such area; b. The quantities of solid waste generated and estimated to be generated in such area; c. The availability of sanitary landfill sites and the environmental impact of continued landfill of solid waste on surface and subsurface waters; d. The method of solid waste disposal to be utilized and the energy or material which shall be recovered from the waste; and e. Such other data that the Department may reasonably require. (5b) Authorize units of local government to require by ordinance, that all solid waste generated within the designated geographic area that is placed in the waste stream for disposal be http://www.ncga.state.nc. us/Sessions/2007 /Bills/House/HTML/H1233vO.html 3/29/2007 67 H1233 [Filed] Page 4 of 19 collected, transported, stored and disposed of at a permitted solid waste management facility or facilities serving such area. The provisions of such ordinance shall not be construed to prohibit the source separation of materials from solid waste prior to collection of such solid waste for disposal, or prohibit collectors of solid waste from recycling materials or limit access to such materials as an incident to collection of such solid waste; provided such prohibitions do not authorize the construction and operation of a resource recovery facility unless specifically permitted pursuant to an approved solid waste management plan. If a private solid waste landfill shall be substantially affected by such ordinance then the unit of local government adopting the ordinance shall be required to give the operator of the affected landfill at least two years written notice prior to the effective date ofthe proposed ordinance. (5c) Except for the authority to designate a geographic area to be serviced by a solid waste management facility, delegate authority and responsibility to units of local government to perform all or a portion of a solid waste management program within the jurisdictional area of the unit of local government; provided that no authority over or control of the operations or properties of one local government shall be delegated to any other local government. (5d) Require that an annual report of the implementation of the solid waste management plan within the designated geographic area be filed with the Department. (6) Th~ Dertl1111'1~nt i3 atlguni:c:ea t5 eharge Charge and collect fees from operators of hazardous waste disposal facilities. The fees shall be used to establish a fund sufficient for each individual facility to defray the anticipated costs to the State for monitoring and care of the facility after the termination of the period during which the facility operator is required by applicable State and federal statutes, regulations or rules to remain responsible for post-closure monitoring and care. In establishing the fees, consideration shall be given to the size of the facility, the nature of the hazardous waste and the projected life of the facility. (7) Establish and collect annual fees from generators and transporters of hazardous waste, and from storage, treatment, and disposal facilities regulated under this Article as provided in G.S. 130A-294.1. ill Require that a container used to transport solid waste by railway or barge meet the following requirements: a. The waste container shaUbe completely enclosed or covered and desjgned. construcJed. loaded. operated. secured, and maintained so as to prevent the ~sCflpe of wastes. liquids, and odors. accidents during loading. transportation. unloading. and the loss or spillage of wastes and liquids in the event of an accident. b. The waste container shall be certified as watertight wben it is placed into service and at least once every six months thereafter while it remains. in service. In. order to be certified as watertight. a waste container shall: L Have a minimum internal head of 24 inches of water applied to the container in an upright position for at least 15 minutes during which the container shall remain free from the escape of water. b Be visually inspected for damage on all sides. plus the top andbottoll) and_lTIust have 110 visible holes. gap~ structural damage affecting the container's integrity or performance. (2} Require that the owner of a container used to transport solid waste by railway or barge shall maintain a record of the tests of the container required by sub-subdivision b. ofsubdivision-i8J of this subsection for three years,. provide a copy of the record to any person who leases or handles the container. and make the record available to the Department for inspection. QQ} Require that a barge or railcar that is not containerized meet the requirements of subdivisions http ://www.ncga.state.nc. us/Sessions/2007/Bills/House/HTMLlH 123 3vO.html 3/29/2007 68 H1233 [Filed] Page 5 of 19 (8) and (9) ofthis subsection. W1 ill The entry of liquids into a container used to transport solid waste by truck. railway. or bar~ while the waste is lLeil1Ktransported, held. or stored. or in the event. of an accident. is a violation of this Article. ill The escape. loss. QJ:'spillage of wastes or liquids from a container used to transport solid waste by truck. railway. or barge while_tbewaste is being transported. held-,-or stored. or in the event of an accident is a violation of this Article. ill The~sc:.i.l.J)e of odors from a container used to transport solid. waste by truck. railway. or barge while the wilste is being transported. held. or stored. or in tbe event of an accident is a violation of this Article. (a2) No permit shall be issued for any public or priva.t~ sanitary landfill to receive solid nonrad.ioactiy~ waste generated outsidy tbe boundaries of the State for disposal in the State unless the waste has previously been inspected by the solid waste regulatory agency of that nation. state. or territory. characterized in detail as to its contents. and certified by that agency to be non-injurious to public health and saJejy. The Commission shall adopt rules to implement this subsection. (ill A permit for a solid waste management facility is not transferable. (b) The Commission shall adopt and the Department shall enforce rules to implement a comprehensive statewide solid waste management program. The rules shall be consistent with applicable State and federal law; and shall be designed to protect the public health, safety, and welfare; preserve the environment; and provide for the greatest possible conservation of cultural and natural resources. Rules for the establishment, location, operation, maintenance, use, discontinuance, recordation, post-closure care of solid waste management facilities also shall be based upon recognized public health practices and procedures, including applicable epidemiological research and studies; hydrogeological research and studies; sanitary engineering research and studies; and current technological development in equipment and methods. The rules shall not apply to the management of solid waste that is generated by an individual or individual family or household unit on the individual's property and is disposed of on the individual's property. The C6fill1'l.issi6fl SHall aS61't niles fell Hfllifteial I eSl'clflsiBility t6 eflStlI e tfie a, ailftbilhy 6f sliffieieflt fI.mss ful el631:tl:e ans p6tJt el6Stlre ffiaiflteflanee ItflS m6nit6ring at s61is .taste mltflagement faeilities, afl8 f6r aft)' el'll'feeti','e aeti6n t-ke Deplll'tmeflt may reCJ.tlire elttriflg the aetive life 6f a faeilifj 61 stlriflg tfte e16StH'e aflti p6St e1e3tlre peri6s3. THe Itlles ma) permit sem6flstrati6n ef fiflltfleial respeflsiBility tHr6tlgH t-ke tlse ef a letter 6f ere sit, instlrtlflee, stlrety, tftlst agleemeflt, Hflltfleial test, er gtlaHtfltee BY eerpemtte pareflts 6I thirs parties .;, He eltfl pass the hflafleial test The rnles SHall IeCJ.tlire that Itfl e" flef er epw:tt6I 6f a pri.,'ately eV;fles s6lia ',vai3te filltflagemeflt faeilit) Sem6l'1:3trate hflltfleial resl'eflsiBility B) a metHes ef e6mBiflati6n3 6f metftess t.fiat "ill ell3tlIe that stlffieient RIflSS f6I el6Stll e, p6St el6stlre Il'laiflteflaflee ItflS1ll6nit6riflg, aflsaH; e6n: eetiye aetiefl tftat the Del'lH'tmeflt ma'J' reCJ.tlire v,ill Be a;aila-l31e Sttfiflg t-ke aetive life 6f the ffieility, at elestlle, ItflS f51 a pedes sf fl6t less tftltfl 2 Q ) ears after e16sttfe e, en if 1:he 6Vffler er 61'eratef Beeemes iflsalveflt er eeases te IetJise, Be ine6rp6rates, S6 btl3inei3s, 6f maintaifl a3set3 ifl the State. (bl) (1) For purposes of this subsection and subdivision (4) of subsection (a) of this section, a "substantial amendment" means either: a. An increase often percent (10%) or more in: 1. The population of the geographic area to be served by the sanitary landfill; 2. The quantity of solid waste to be disposed of in the sanitary landfill; or 3. The geographic area to be served by the sanitary landfill. b. A change in the categories of solid waste to be disposed of in the sanitary landfill or any other change to the application for a permit or to the permit for a sanitary landfill that the Commission or the Department determines to be substantial. (2) A person who intends to apply for a new permit, the renewal of a permit, or a substantial http://www.ncga.state.nc.us/Sessions/2007 /Bills/House/HTML/H 123 3vO .html 3/29/2007 69 H1233 [Filed] Page 6 of 19 amendment to a permit for a sanitary landfill shall obtain, prior to applying for a permit, a franchise for the operation of the sanitary landfill from each local government having jurisdiction over any part of the land on which the sanitary landfill and its appurtenances are located or to be located. A local government may adopt a franchise ordinance under G.S. l53A-136 or G.S. l60A-3l9. A franchise granted for a sanitary landfill shall include all ofthe following: a. A statement of the population to be served, including a description of the geographic area. b. A description of the volume and characteristics of the waste stream. c. A projection of the useful life of the sanitary landfill. d. An explanation of how the franchise will be consistent with the jurisdiction's solid waste management plan required under G.S. 130A-309.09A, including provisions for waste reduction, reuse, and recycling. e. The procedures to be followed for governmental oversight and regulation of the fees and rates to be charged by facilities subject to the franchise for waste generated in the jurisdiction ofthe franchising entity. f. A facility plan for the sanitary landfill that shall include the exact boundaries of the proposed facility, proposed development of the facility site in five-year operational phases, the boundaries of all waste disposal units, final elevations and capacity of all waste disposal units, the amount of waste to be received per day in tons, the total waste disposal capacity of the sanitary landfill in tons, a description of environmental controls, and a description of any other waste management activities to be conducted at the facility. In addition, the facility plan shall show the location of soil borrow areas, leachate facilities, and all other facilities and infrastructure, including ingress and egress to the facility. (2a) A local government may elect to award a preliminary franchise. If a local government elects to award a preliminary franchise, the preliminary franchise shall contain, at a minimum, all of the information described in sub-subdivisions a. through e. of subdivision (2) of this subsection plus a general description of the proposed sanitary landfill, including the approximate number of acres required for the proposed sanitary landfill and its appurtenances and a description of any other solid waste management activities that are to be conducted at the site. (3) Prior to the award of a franchise for the construction or operation of a sanitary landfill, the board of commissioners of the county or counties in which the sanitary landfill is proposed to be located or is located or, if the sanitary landfill is proposed to be located or is located in a city, the governing board of the city shall conduct a public hearing. The board of commissioners of the county or counties in which the sanitary landfill is proposed to be located or is located or, if the sanitary landfill is proposed to be located or is located in a city, the governing board of the city shall provide at least 30 days' notice to the public of the public hearing. The notice shall include a summary of all the information required to be included in the franchise, and shall specifY the procedure to be followed at the public hearing. The applicant for the franchise shall provide a copy of the application for the franchise that includes all of the information required to be included in the franchise, to the public library closest to the proposed sanitary landfill site to be made available for inspection and copying by the public. (4) An applicant for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill shall request each local government having jurisdiction over any part of the land on which the sanitary landfill and its appurtenances are located or to be located http://www.ncga.state.nc. us/Sessions/2007/Bills/House/HTMLlH 123 3vO.html 3/29/2007 70 H1233 [Filed] Page 7 of 19 to issue a determination as to whether the local government has in effect a franchise, zoning, subdivision, or land-use planning ordinance applicable to the sanitary landfill and whether the proposed sanitary landfill, or the existing sanitary landfill as it would be operated under the renewed or substantially amended permit, would be consistent with the applicable ordinances. The request to the local government shall be accompanied by a copy of the permit application and shall be delivered to the clerk of the local government personally or by certified mail. In order to serve as a basis for a determination that an application for a new permit, the renewal of a permit, or a substantial amendment to a permit for a sanitary landfill is consistent with a zoning, subdivision, or land-use planning ordinance, an ordinance or zoning classification applicable to the real property designated in the permit application shall have been in effect not less than 90 days prior to the date the request for a determination of consistency is delivered to the clerk of the local government. The determination shall be verified or supported by affidavit signed by the chief administrative officer, the chief administrative officer's designee, clerk, or other official designated by the local government to make the determination and, if the local government states that the sanitary landfill as it would be operated under the new, renewed, or substantially amended permit is inconsistent with a franchise, zoning, subdivision, or land-use planning ordinance, shall include a copy of the ordinance and the specific reasons for the determination of inconsistency. A copy of the determination shall be provided to the applicant when the determination is submitted to the Department. The Department shall not act upon an application for a permit under this section until it has received a determination from each local government requested to make a determination by the applicant; provided that if a local government fails to submit a determination to the Department as provided by this subsection within 15 days after receipt of the request, the Department shall proceed to consider the permit application without regard to a franchise, local zoning, subdivision, and land-use planning ordinances. Unless the local government makes a subsequent determination of consistency with all ordinances cited in the determination or the sanitary landfill as it would be operated under the new, renewed, or substantially amended permit is determined by a court of competent jurisdiction to be consistent with the cited ordinances, the Department shall attach as a condition of the permit a requirement that the applicant, prior to construction or operation of the sanitary landfill under the permit, comply with all lawfully adopted local ordinances cited in the determination that apply to the sanitary landfill. This subsection shall not be construed to affect the validity of any lawfully adopted franchise, local zoning, subdivision, or land-use planning ordinance or to affect the responsibility of any person to comply with any lawfully adopted franchise, local zoning, subdivision, or land-use planning ordinance. This subsection shall not be construed to limit any opportunity a local government may have to comment on a permit application under any other law or rule. This subsection shall not apply to any facility with respect to which local ordinances are subject to review under either G.S. 104E-6.2 or G.S. 130A-293. (5) As used in this subdivision, "coal-fired generating unit" and "investor-owned public utility" have the same meaning as in G.S. 143-215.l07D(a). Notwithstanding subdivisions (a)(4), (bl) (3), or (b 1)(4) of this section, no franchise shall be required for a sanitary landfill used only to dispose of waste generated by a coal-fired generating unit that is owned or operated by an investor-owned utility subject to the requirements ofG.S. l43-2l5.l07D. (b2) The Department may require an applicant for a permit under this Article to satisfY the Department that the applicant, and any parent, subsidiary, or other affiliate of the applicant or J'lMeftt. parent, including any joint venturer with a direct or indirect financial or equity interest in the applicant: (1) 13 :hnaneiall) qtl!llifiea t6 8!tl"ry 6tlt the a8ti-tifj fflr .tkiek the J'lennit i:J Ieql1ileaBas http://www.ncga.state.nc.us/Sessions/2007 /Bills/House/HTML/H 1 233vO.html 3/29/2007 71 H1233 [Filed] Page 8 of 19 established financial responsibility as required by G.S. 130A-295.2. (2) Has substantially complied with the requirements applicable to any 36lia nl:l3te ml:l1'l.I:lgeme1'l.t activity in which the ftl3plieant applicant. or a parent, subsic:Uary, or other affiliate of the illJ.nlicaIlt QL12arent. or a joint venturer with a direct or indirect financial or e9cui1:yinterest in the applicant, has previously engaged and has been in substantial compliance with federal and state laws, regulations, and rules for the protection of the e1'l.,ir6nment.environment as provided in G.S. 130A-295.3. (b3) An applicant for a permit under this Article shall satisfY the Department that the applicant has met the requirements of subsection (b2) of this section before the Department is required to otherwise review the application. 11'1. 6raer 18 e6ffii1'l.1:le t6 h8M a pel'ffiit 1:l1'l.aer thb At'tiele, I:l permittee m1:l3t reml:lin B1'I.I:lfieil:llly l:J.l:laliBea ana ill1:l3t l'f5'fiae ltfl:)' ifif6rmffii6n req1:le3tea b) the Del'l:lrtmefit t8 aeffi8fi3ft'ffie thffi the l'ef'lliittee e6ntinl:leCl t8 be Bmmeiall) qtll:lliBea. " . .. SECTION 2. G.S. 130A-I8 reads as rewritten: "~130A-iS. Injunction. (a) If a person shall violate any provision of this Cftl:ll'ter 81 Chapter, the rules adopted by the Commission or rules adopted by a local board of health, or a condition or terIl1 of a permit or order issued under this Chapter, the Secretary or a local health director may institute an action for injunctive relief, irrespective of all other remedies at law, in the superior court of the county where the violation occurred or where a defendant resides. (b) The Secretary of Environment and Natural Resources and a local health director shall have the same rights enumerated in subsection (a) of this section to enforce the provisions of Part 4 of Article 5 and Articles 8, 9, 10, 11, and 12 of this Chapter." SECTION 3. G.S. l30A-22(a) reads as rewritten: "(a) The Secretary of Environment and Natural Resources may impose an administrative penalty on a person who violates Article 9 of this Chapter, rules adopted by the Commission pursuant to Article 9, or any term or condition of a permit or order issued under Article 9. Each day of a continuing violation shall constitute a separate violation. The penalty shall not exceed fi.. e th5l:mma a611l:lr3 ($5,8813) ten thousand dollars ($10,000) per day in the case of a violation involving nonhazardous waste. The penalty shall not exceed Y({cm.~ fhe tft81:l31:lfia 86111:l1f1 E$25,88Q)thirty-two thousand five hundred dollars ($32,500) per day in the case of a first violation involving hazardous waste as defined in G.S. 130A-290 or involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in a manner that results in medical waste entering waters or lands of the State; and shall not exceed fifty thousand dollars ($50,000) per day for a second or further violation involving the disposal of medical waste as defined in G.S. 130A-290 in or upon water in a manner that results in medical waste entering waters or lands of the State. The penalty shall not exceed h,efi~ fI','e tft61:l31:l}H~ a1311l:lr3 ($25,888) thirty-two thousand five hundred dollars ($32,500) per day for a violation involving a voluntary remedial action implemented pursuant to G.S.130A-31O.9(c) or a violation of the rules adopted pursuant to G.S. 130A-31O.12(b). If a person fails to pay a civil penalty within 60 days after the final agency decision or court order has been served on the violator, the Secretary of Environment and Natural Resources shall request the Attorney General to institute a civil action in the superior court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment. Such civil actions must be filed within three years of the date the final agency decision or court order was served on the violator. " SECTION 4. G.S. 130A-22 is amended by adding a new subsection to read: "ill The Secretary qf Environment and Natural Resources may_also assess the reasonable <.;osts of <!!1)' investigation, inspection, or monitoring associated with the assessment of the civil penalty against any person who is assessed a civil penalty under this section." http://www.ncga.state.nc.us/Sessions/2007 /Bills/House/HTML/H 123 3 vO.html 3/29/2007 72 H1233 [Filed] Page 9 of 19 SECTION 5.(a) Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read: "~ 130A-295.2. Financial responsibility requirements for applicants and permit holders. ill} The Commis~iQIl.sb~lljl.ilimt rules governing financial responsibility requirements for applicants for permits and for permit holders to ensure the availability of sufficient funds for the proper design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of solid w.asteulJtanagement facilities and for anY_~orrectjye action the Department may reguire during the active life of a facility or during the closure and post-closure periods. ilil An applicant for a permit or a permit holder may establish financial responsibility through a cash deposit_insurance, binding letter of credit, binding loan commitment, surety, trust agreemt;:nt, financial test, or guarantee by a corporate parent or tbjrdp-ClI1yJ:hat can pass the financial test. A business entity that established financial responsibility for an applicant for a permit or a permit hQlder must be rated AAA by Standard & Poor's, Moody's Investor S~l'Vice. or Fitch, Inc. If assets of a parent, subsidiary, or other affiliate of the applicant for a permit, permit holder, or a joint yt;:nturerwith a direct or indirect financial or equit)' int~r~stiI} the applicant or permit holder are proposed to b.e used to establis.hthe financial responsibility of the applicant for a permit or permit holder, the party whose assets are to be used must be listed on the permit ofthe facility. Assets used to meet the financial responsibility reguirements of this section shall be in a fOrm that will allow the Department to readily access funds for tht;:Pll:t'J'oses set out in this section. Assets used to meet financial responsibilityreguirements of this section shall not be accessible to the permit holder except as apI1roved by the Department. W The owner or operator of a privately Qwnedu solid waste management facility shall. provide an l!,udited, certified financial statement and shall establish financial responsibility by a method or combination of methods that will ensure that sufficient funds for closure, post-closure maintenance and monitoring, and any corrective action that the Departme]J.t 111a)' require will be available during the active life of the facility, at closure, and for a period of not less than 30 years after dosure even if the owner or operator becomes insQlvent or ceases to reside, be incorporated, do business, or maintain assets in the State. @ The Department may,jn its discretion, require an applicant for a permit to construct a facility to establish financial responsibility for the proper design, construction, operation, maintenance, closure. and post-closure monitoring and maintenance of a facility to the first five-year phase of the facility. If the Department requires an applicant for a pefIIlitor a permit holder to establish financialresponsibililyfor only tb~ first five-year phase of the facility, the Department shall require th~JlI1plicant for a permit or a pennit holder to establish financial responsibility for each successive five-year phase of the facility when applyin,g for a permit to construct each successive phas~ of the facility. The applicant shall provide cost estimates for site investigation: land acquisition, including financin,g t~rms and land ownership; proper design"construction~f each five-year phase, operation, maintenance, closure, and post-closure monitoring and maintenance of the facility . W In order to continue to hold . a permit under this Article, a permit holder must maintain financial ~onsibility andrnust provide any information requested by the Department to establish that the permit holder ~ontinues to maintain financial responsibility. A permit holder shall notifY the Department. of any_significant change in the: (i) identity of any person or structure of the business entity that holds the permit for theJacility: (iO identity of any person or stru~ture of the business entity that owns or operates the facility: or (iii) assets of the permit holder, owner, Qr operator of the facility. The pennit holder shall notifY the Department withinJO days of a significant change. A change shallbe Qonsidered significant if it has the potential to affect the financial responsibility of the permit holder, owner. or operator, or if it would result in a change in the identity of the. permit holder, owner, or operator for purposes .ofeither financial responsibility or environmental compliance review. Based on its review of the changes, the Department may require the permit holder to reestablish financial responsibility and may modifY or revoke a permit, or require issuance of a new permit. http://www.ncga.state.nc. us/Sessions/2007 /Bills/House/HTML/H1233vO .html 3/29/2007 73 H1233 [Filed] Page 10 of 19 ill To meet the financial responsibility requirem~nts of this section, the owner or operator of a sarJitary landfill shall establisb financial responsibility sufficient to cover a minimum of three million dollars ($3,000,000) in costs for potential assessment and corrective aGtion at the faciliry. The Department may require financial responsibility in a highera,mount and may increase the amQlmt of financial responsibility requiredof a peTIIlit holder at any time based upon the types ofwaste disposed in the landfill, the projected amount of waste to be di~osed in the landfill, the location of the landfill, potential receptors of releases from the landfill, and inflation. The financial responsibility requirements of this subsection are in addition to the financial responsibility requirements set out in subsections (a) through (e) of this section." SECTION 5.(b) G.S. 130A-309.27 reads as rewritten: "~130A-309.27. Landfill t~Cl 01"\ fluotlnt.Joint and several liability. (a) As used in this section: (1) "Owner or operator" means, in addition to the usual meanings of the term, any owner of record of any interest in land on which a landfill is or has been sited, and any person or e8Ipemtti8n \,hidi business entity that owns a majority interest in any other corporation wfttefl that is the owner or operator of a Ittfidfill.landfilL exceRt that a minority shareholder of a Rublicly traded corporation who has no involvement in management or coptrol of Jhe corporation or any of its subsidiaries or affiliates shall not be considered an owner or operator solely on the basis of his stock holdings. (2) "Proceeds" means all funds collected and received by the Department, including interest and penalties on delinquent fees. (b) Every owner or operator of a landfill is jointly and severally liable for the improper operation and closure of the landfill, as provided by law. ~ Tke 8';ffler 8r Cl)'erat8I 8f a lfmafIll skall estttl3lish a :&e, 6r a stlrek8:tge 8H eJ~isting :&es ar 8ther aflflf8)'Iiate Ie, entle pr8atleiHg meeh/tftism, te eHStlre tke fflaila5ili1:y 8f fIl'laneial reS€}tlrees far the pr6per elestlre ef t-ke lanafill. lIe n e','er, t11e aispesal 8f selia v:aste 5Y per366s 8H their 8 dH flr8)'efi)' is eJtempt fr8ni the 1"1 el, isi8flJ 8f this seeti8n. ffl The re, emIe flI elatleing meehani3ffi illtlst flr8atlee re, e6tle ftt a rftte stlffieiefit t8 geHerftte RinaS t8 meet Stffie Mia fuaeIallanelfill el8StlIe reCJ.tliIemefit3. ~ The Ie, entle 3hall 5e aefla3itea in afi ill't(;IeJt 5eM'iHg eJer8,{ aee6tlHt t6 5e hela afia aaffii6i3terea 5Y tke 8wner 8r 8perffiar. The a ,(fieI elr elperffier skall file \\ itfi tke DeplH'ffi1ent aH aHHtlal atlait 8f the aee8tlHt. The atlait shall 5e eelHatletea 6)' a eertifiea ptlblie aee6tlHtant aHa shall 5e fileel H8 later 1:kan 21 Deeember 6f eaek year. Faih:H'e t8 ealleet er r6f'6rt tkis re\ eHtle, ,))lee)'t as allewea ifi stlbseeti8H (a), is a naHeriffiiHal ,i81fttielH, ptlHiska5le b) a fIfie 8fnat m8re thMi fi,e tk8tlS/tfta aaUM's ($5,989) faI eaeh 6ffeHse. Tke 8V,fler 8r 8perffi8I mtty make eJ~enaiRires H8m the aee8tlnt /tfta itJ aeetlmtllfttea interest 81'11)' far t-ke ptll'l"83e 8f Iftfiafill eI8S1:1r(; ana, if stleh enpel'laihtfes ael Helt el6f'lete the fflHa tel tke aetrimefit af e , eflttlal el8stlre, fsy plannifig /tfta eaHstreeti8H 8f reS8tlfee IeeaVe1''' ar lanMill flieilities. .^.Hj' filelneys remainiHg in 1:ke aeeStlfl.t atter pft) iHg fer flfe)'eI Mia 68mplete el8Sl:lfe, ftJ eleterminea 6)' tke DepfH"ffi1eflt:, Jhall, if tke 8',Vl'ler 8r aperateI 66es n6t elpeIft'te a l/tftafill, be aepelsitea by the 8nneI 8r 8pwN8r int8 the general ft:tHa 8ftke 1:1nit 8flel.c:al g8,efHmefit. t31 The IeVentle gel'lerffiea 1:1HaeI t-kis stlbseeti6H aHa Mi) aeetlmtllffiea ifiterest t11.c:ye8fi l1'la)' Be ftfJ)'liea t8 tke pttyffieHt elf, 8r pleagea as seel:ll:i1:y feI, tke pa)'mtl1tt 6fre,eHtle BemelJ isstlea iH wkele 8r in flftrt f6r the ptll136Se 8f 88I11l'lying \, itk State alia n:aeral hmafill el6sl::lre reCJ.tlirements. The fll'plieati8H 81 ple6ge ffitlj' be l1'laae aireetly in t-ke pr8eeeaing3 a1:1tk6rizifig the B61'1as 6I ifi an agreeffie1tt ;,i1:k ftfl instlrer elf B8fi6S t8 fts:mre the ifl3tlIer 6f t-kis aaaiti8fial StletlI it; . fftt }~H 87;ner 5Y 8perffi8r mft)' establish pra6f 8f finftfleial res)'66sibili1:y with the D6f'artmeHt iH lietl 6f http://www.ncga.state.nc.us/Sessions/2007 /BillslHouse/HTMLIH 123 3vO .html 3/29/2007 74 H1233 [Filed] Page 11 of 19 the reqtliremel'it3 6f 3l:lb3eeti51'i (e). Thii'l I'f65f ffiSY il'ieltl6e 3tll'ety 661'1.63, eertiHeffie3 6f 6eI'6:iit, :ieetlritie3, letter 6f efe6it, e6FfJ6rffi:e gl::lsrsIi1ee, 6r 6ther 66etlHlel'l.t3 3h6'1lil'l.l!'; thffi: the e';;l'ier 61' 6l'elffi:6r hS3 3tlf:fieieffi :fi1'l&f1.eisl re36lff'6ei'l 16 66ver, ffi: S fflil'iiIlil::lffi, tfie e63t3 6f 66Ilil'lyil'il!'; .. it1i ISI'I.Mill ele3l::ll'e reqtliremel'l.t3. The 6..her 61 61'erffi6r 3fl.sll e3timffie the e63t3 t6 the 3Mi3fseti61'1. 6fthe Depttl~:nent. te1 Thi3 3eeti61'i 66e3 1'I.6t r61'esl, limit, 6r Itbr6gffi:e sl'l'J 6ther lsw ffifth6rizil'il!'; tll'lit3 6fl6esll!';6v6l'1'lmeffi 16 :f1x, le-,), 6f eharge fate:i, fee3, 6f ehm:gei'l fur the I'tl1156:ie 8f 66Hll'lying ,'lith Stffi:e al'i6 fe6efsllm:H:l:f111 el63ure r eqtlir el'l.1ent3. ffl The C5mmi3:ii8n 3hsll a661't rele3 t8 iITIfllement tfii:i 3eeti8n. II SECTION 6.(a) Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read: "~ 130A-295.3. Environmental compliance review requirements for applicants and permit holders. W The Department shall conduct an environmental compliance review_ of each apnlicant for a new permit. permit renewaL and permitalllendment under this Article. The environmental compli'lIlce review shall ~yaluate the environmental compliance history of the applicant for a period of at least three years prior to the date of the applicatioIl and may cover a longer period at the discretiQnof the Department. The environmentaJ compliance review of an applicant may include consideration of the environmental compliance history of the parents, .subsidiaries. or other affiliates of the applkant or parent. including any business entity QrjQint venturer with a direct or indirect financial or equity interest in the applicant, .and other facilities owned or Qp~rate(Lb)' any of them. ThepI)~I>artment shall determine the scope of the review of the environmental complianc::e history of the applicant. parents. subsidiarie~~ or other affiliates ofthe apI11icant or parent. inclugjng any business entity QIjoint venturer with a direct or indirect financ;ial or equity interest in the applicant. and of other facilities Qwned or operated by any of them. An applicant for a permit shalL12rovide environmental compliance history information for each facjU1:)'. business entity. ioint venture. or other undertaking in which any of the persons listed in this subsection is or has b~en fUl owner. operator. officer. director. manager. m~lllber. or partner. or in which any .ofthe persons listed in this subsection has had a direct or indirect financial or equity interest as requested by the Department.. In its conduct of an environmental compliance review. the Department may consider the environmental compliance history of: ill Officers. directors. managers. members. and partners ofthe applicant for the permit. ill All persons with a direct or indirect financial or equity interest in the applicant for the permit. ill Officers. directors, managers. members. and partners in any business entity which has a direct or indirect financial or equity interest in the applicant for the permit. ill Officers. directors. managers-" members.and.nartners in any business entity whic::b is a parent. subsidiary. or other affiliate ofthe applicant for the permit. (Q} The Department shall detennine the extent to which the applicant. ora parent. subsidiary. or othel affiliate of the applicant or parent. or a joint.venturer with a direct or indirect financial or equity interest in the mmlicant. has substantially complied with the reguirements applicable to any activity in which any of these entitiesJ)reviously engaged, and has substantially complied with federal and state laws, regulations. and rules for the protection ofJhe environment. The Department may denyan application for a pertIlit if the a~nt has Lepeatedly violated related statutes, rules. orders. or nermit terms or conditions for the protection of the environment or for the conservation of natural resources. W For purposes of this section. an anplicant for a permitincludes the owner or operator of th_e facility..., or. if the owner or operator is a business entity. the parent, subsidiary. or other affiliate of the am:llicant. a lliLrtner, officer. director. member. manager, and any person with a direct or indirect financial or equity interest inJb~.l!1"ll21icant. other than a minority shareholder of a publicly traded corporation who has no involvement in management or control of the corporation or any of its parents. subsidiaries. or affiliates. II SECTION 6.(b) G.S. 130A-309.06(b) is repealed. SECTION 7. Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a http://www.ncga.state.nc. us/Sessions/2007/BillslHouseIHTMLIH1233vO.html 3/29/2007 75 H1233 [Filed] Page 12 of 19 new section to read: "~ 130A-295.4. Additional requirements for sanitary landfills. W An applicant for a permit to construct a sanitary landfillsb<.111 conduct a study of environmental impacts from the proposed facility as described in G.S. 113A-4 and rules adopted pursuant to G.S. l13A-4. In addition to information required under G.S. 113A-4. the studY shall address the applicant's ability to ensure cQlIlpliance with State laws and rules. and any applicable local ordinances. that prohibit the disposal of certain items in landfills. and an JlHernative sites analysis. The Department shall publish notice oCthe draft environmental impact statement and shall hold a public hearing in the county where the landfill will be located 110 sooner than 30 days following the public notice. The Department shall consider the study of el1vironmental impacts and any mitigation measures proposed by the applicant in deciding whether to issue or deny a permit. ill An applicant fQr a permit to construct a sanitary landfill shall conduct a traffic study of the impacts of tbe proposed facility. The DepartlIlel1tshall include as a, condition of a permit.for a sanitary laIldfill a reguirement that the permit holder mitigate advers~jmp(lGts identified ,by the traffic study. The study shall include all ofthe following at a minimum: ill Identification of routes from the Dearest limited access highway used to accessJhe proposed facility . ill [)(iily and hourly traffic volumes that will result along each approach route between the nearest limited access highway and the proposed facility. ill A map identifYing land uses located along the identified approach routes. including. but not limited to. residential. commercial. industrial development and agricultural operations. The map shall. identifY residences. schools. hospital~Dursing homes. and other signific<.1.ill buildings that front the approach routes. ill Identification of locations on approach routes where road conditions arejnad~guate to handle the increased traffic associated with the proposed facility and a description of the Juitigfltion measures proposed by the applicant to address the conditions. ill A description of the potential. adverse impacts of increased traffic__l!ssociated with the proposed facility and the mitigation measures proposed by the applicant to address these impacts. (0 The owner of.a sanitary landfill shall employ a prQject engineer toinspect the construction of disposal. units within the sanitary landfill. landfill leachate handling facilities. and landfill ap-purtenances. The proiect engineer shall be licensed as a professional engineer UDder Chapter 89C of the General Statutes. The project engineer shall be responsible. for monitoring. documenting.. and. certifYing that construction of the disposal. units at the sanitary landfill. leachate handling facilities. and landfill appurtenances conforms to the plan approved by the.Department as set out in the permit to construct and all applicable federal and State laws. regulations. and rules. The project engineer or the engineer's representative shall be at the site at all times during construction of the disposal units and leachate handling s.)':stems. Each certification shall bear the sea] and signature of the project engineer and the date of certification. @ The Departm~nt shall require a buffer between any stream or wetland and the nearestwa.ste disposal !lnit ofa sanitary landfiltofat least 200 feet. The Department may approveabuffer ofless than 200 feet. bu1in no case less than 100 feet. ifit finds all of the following: ill The proposed sanitary landfill or expansion of the sl:l.Ditary landfill will serve a critical need in the community. ill There is no feasible alternative location that would allow siting or expansioQ of the sani.1ill'y landfill with 200 foot buffers. W Notwithstanding G.S. l43-2l5.54A(b). a sanitary landfill shall not be sited within a 100-year floodplain or on land previously designated as a laO-year floodplain. ill A sanitary landfill shall be constructed with a composite liner system consisting Qftwo components. http://www.ncga.state.nc. us/Sessions/2007 /Bills/House/HTML/H1233vO.html 3/29/2007 76 Hl233 [Filed] Page 13 of 19 Th~1!Pper component shall consist of a flexible m~lTIbrane liner and the lower component shall consist of a minimum of two feet of soil with a maximum permeability of I x 102 centimeters per second. The flexible membrane liner shall have a minimum thickness of 30 millimeters. except that liners consisting of high density polyethylene shall beat l~~tst 60 millimeters thick. The flexible membrane liner shall be iru;Jalled in dir~ct and uniform contact with the compacted soil layerJhe Department may approve an alternative composite liner systeP1 if the Department finds. based on modeling. that the (llternative system offers an equivalent or greater degree of impermeability. W A sanitary landfill for the disposal of construction and demolition debris shall be constructed with a composite liner system consisting of twocQmponents. The upper component shall consist of a_flexible membrane liner and the lQWeLcomponent shall consist of a minimum of two feet of compacted soil with a maximum permeability of 1 x 10-Lcentimeters per second. The liner shall be a minimum of 30 millim~t~rs in thickness. except that a liner composed of high density JloJyethyl~ne shall be a minimum of 60 millimeters in thid<n~~s. The liner shall b~jnstalled in direct and unifoIl)1 contact with the compacted soil layer. The Department may approve an alternate liner system if the Department finds. based on modeling, that the alternate liner system will provide equivalent or greater impermeability. au A sanitary landfill shall be constructed so that the post-settlement bottom elevation of the line! system. or the post-settlement bottom elevation of the waste if no liner system is required. is a minimum of five feet above the seasonal high groundwater table and the bedrock datum plane contours. ill A permit holder for a sanitary landfill shall develop and implement a waste_~~_enjllgplan. Theplan shall identify measures adequate to ensure. cOlllpliilllce with State laws and rules. and any applicable locaJ ordinallces, thatprohibit the disposal of certain items in landfills. The plan shall address all sources of w'lste generation. The plan is subiect to approval by the Department. ill The following requirements apply to any sanitary landfill for which a liner is required: ill Any geomembrane base liner system shall be tested for leaks and damag~J>J'__methods approved by the Department that ensure that the entire liner is evaluated. ill Any leachate collection system shall be designed to_return the head of the . liner . to 30 centimeters or less within 72 hours after a 25-year-24-hour storm event. The leachate c_Qllection system shall maintain a head of less than 30 centimeters at all times during leachate recirculation. The Department maY--.IemliLe_Jh~_Qnerator to monitor the head of the liner to demonstrate that the hea.disbeingmaintained in accordance with this subdivision and any applicable rules. ill Any leachate collection lines shall be designed and constructed to permanently allow remote camera inspection and cleaning. Any leachate lines shall be cleaned and remotely inspected by Camera at least OIlCe a yeaJ:"nDQ~\lm~lllatiollQLtheiIlsPec1ion and cleaning shall be incl!Hle..dill the operating records ofthe facility and provided to the Department upon request. ill Any pipes used to transmit leachate shall provide dual containment outside of the ndispoS~l unit. The bottom liner of a sanitary landfill shall be constructed without pipe penetrations." SECTION 8.(a) G.S. 1 53A-292(b) reads as rewritten: "(b) The board of county commissioners may impose a fee for the collection of solid waste. The fee may not exceed the costs of collection. The board of county commissioners may impose a fee for the use of a disposal facility provided by the county. The fee for use may not exceed the cost of operating the facility and may be imposed only on those who use the facility. The fee for use may vary based on the amount, characteristics, and form of recyclable materials present in solid waste brought to the facility for disposal. A county may not impose a fee for the use of a disposal facility on a city located in the county or a contractor or resident of the city unless the fee is based on a schedule that applies uniformly throughout the county. The board of county commissioners may impose a fee for the availability of a disposal facility provided by http://www.ncga.state.nc. us/Sessions/2007 /BillslHouseIHTMLIH1233vO.html 3/29/2007 77 H1233 [Filed] Page 14 of 19 the county. A fee for availability may not exceed the cost of providing the facility and may be imposed on all improved property in the county that benefits from the availability of the facility. A county may not impose an availability fee on property whose solid waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a county, a city, or a private contractor for the collection of solid waste includes a charge for the availability and use of a disposal facility provided by the county. Property served by a private contractor who disposes of solid waste collected from the property in a disposal facility provided by a private contractor that provides the same services as those provided by the county disposal facility is not considered to benefit from a disposal facility provided by the county and is not subject to a fee imposed by the county for the availability of a disposal facility provided by the county. To the extent that th~ services provided by the ,county disposal facility differ from the services provided by the disposal facility provided by a private contractor. the cmmty may charge an availability fee to cover tbe costs of the additional seIYicesprovided by the coullX disposal facility. In determining the costs of providing and operating a disposal facility, a county may consider solid waste management costs incidental to a county's handling and disposal of solid waste at its disposal facility, including the costs of the methods of solid waste management specified in G.S. 130A-309.04(a) of the Solid Waste Management Act of 1989. A fee for the availability or use of a disposal facility may be based on the combined costs of the different disposal facilities provided by the county. II SECTION 8.(b) G.S. 160A-314.1(a) reads as rewritten: "(a) In addition to a fee that a city may impose for collecting solid waste or for using a disposal facility, a city may impose a fee for the availability of a disposal facility provided by the city. A fee for availability may not exceed the cost of providing the facility and may be imposed on all improved property in the city that benefits from the availability of the facility. A city may not impose an availability fee on property whose solid waste is collected by a county, a city, or a private contractor for a fee if the fee imposed by a county, a city, or a private contractor for the collection of solid waste includes a charge for the availability and use of a disposal facility provided by the city. Property served by a private contractor who disposes of solid waste collected from the property in a disposal facility provided by a private contractor that provides the same services as those provided by the city disposal facility is not considered to benefit from a disposal facility provided by the city and is not subject to a fee imposed by the city for the availability of a disposal facility provided by the city. To the extent that the services provid~d bY' the city disposal facilit)'.. differ from the n~eJ:'YicesprQyided by the disposal facility provided h.)' a private contractor. the city may charge. an availability fee to cover the costs_oj the additional services provided by the city disposal facility. In determining the costs of providing and operating a disposal facility, a city may consider solid waste management costs incidental to a city's handling and disposal of solid waste at its disposal facility. A fee for the availability or use of a disposal facility may be based on the combined costs of the different disposal facilities provided by the city." SECTION 9.(a) G.S. 153A-136 is amended by adding a new subsection to read: "W A J:_OUUty that has planning jurisdiction over any portion of the site of a sanitary landfill with a service area that extends 100 miles or more in any directio_n from the permitted disposal area of the landfill,may employ a local government landfiUliaison. No person who is responsible for any aspect of the mana,gement Of operation of the landfill may serve as a local government landfill liaison. A local government landfill liais_QU may enter the landfill facility at reasonable times and inspect the landfill operation to: ill Ensure that the facility meets all local requirements. ill Identify and notify the De[1artment of suspected violations of applicable federal or State laF~ regulations. or rules. ill Identify and notify the Department of potentially hazardous conditions at the facility." SECTION 9.(b) Chapter l60A of the General Statutes is amended by adding a new section to read: "~ 160A-325. Local government landfill liaison. http://www.ncga.state.nc. us/Sessions/2007/Bills/House/HTML/H 1233 vO .html 3/29/2007 78 H1233 [Filed] Page 15 of 19 A city that has planning iurisdiction over any portion of the site o[~sanitary landfill with a service area that extends 100 miles or more in any direction from the permitted dispQ.sal area of the landfill may employ a local government landfillliais()n~ No person who is responsible forany aspect of the management or operation of the landfill ID.ilyserve as a local government landfillJiaison. A local government landfill liaison may enter the landfill facility at reasonable times and inspect the landfill operation to: ill Ensure that the facility meets all local requirements. ill IdentifY and notify the Department of suspected violations of applicable federal or State laws, regulations. or rules. ill Identify and notify the Department of potentially hazardous conditions at the facility." SECTION 10. Part 2 of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read: "~ 130A-295.5. State-level review of proposed multi-jurisdictional solid waste facilities. W There is hereby established the Commission on Multi-Jurisdictional Solid Waste Management Facilities. The Commission shall be composed()f tbe Secretary of Environment and Natural Resources. the Secretary of Health and Human Servi~~s. and the Secretary of Commerce. The Secretary of Envir()nment and Natural Resources shall be the chair of the Commission. ili2 If the service area for a solid waste management fagility extends beyond the jurisdictional boundary of the county in which it is located. the Department shall not act upon an aRplication for a permit,jhtuenewal of a permit. or a substantialJl.mendment to a permit for the facility under this Article until the Commission on Multi-Jurisdictional Solid Waste Management Facilities bas !!J:lproved the application as provided in this section. The Commission shall approve an application only if the Commission determines that: ill The proJ:lQsed. solid waste management facility is consistent with the State _solid waste management policy and goals as set out in G.S. 130A-309.04 and witbthe State solid waste management plan developed as provided in G.S. 130A-309.07. ill The local comprehensive solid waste management plan required by G.S. 130A-309.09A.Q:>lQ1 the unit or lJ.nits of local government where the proposed solid waste management facm~ located and the local comprehensive solid waste nmnagement plans of each North Carolina unit of local government Jhatjs located within the service area of the J:lroposed facility is consis.tentwith the State solid waste management policy andg()als_JlS__set out in G.S. 130A-309.04 and with the State solid waste management plan develoJ:led as provided in G.S. 130A-309.07. ill AdeqlJ.ate procedures are legally established for governmental oversight and regillilliQuofthe fees and rates to be charged by the facility. ill The proposed solid waste manag,ement facility does not have a disproportionate adverse impact on a minority or low-income community." SECTION ll.(a) G.S. 130A-290(a) is amended by renumbering subdivision (Ia) as (lb), renumbering subdivision (lb) as (Ic), renumbering subdivision (lc) as (ld), and by adding a new subdivision to read: "Gill 'Business entity' has the same meaning as in G.S. 55-1-40(2a)." SECTION ll.(b) G.S. 130A-290(a) is amended by renumbering subdivision (2Ia) as (21b) and by adding a new subdivision to read: "(2la) 'Omhan landfill' meansa_ny landfill. whether publicly or privately owned. that received municipal solid waste from a unit of local goy~rnment for disposal prior to 1 January 1983. tbatisno longer in operation. and for whi~h assessment and remediation are needed in orderto protect public health and the environment." SECTION 12. Chapter 130A ofthe General Statutes is amended by adding a new section to read: "~ 130A-295.6. Fees applicable to permits for solid waste management facilities. http://www.ncga.state.nc. us/Sessions/2007 /Bills/House/HTML/H123 3vO.html 3/29/2007 79 H1233 [Filed] Page 16 of 19 UU ThenSolid Waste Management Accollnt is established as a nonreverting account within the Department. All fees collected under this section shall be credited to the Account and shall be used to support the solid waste management program established pursuant to G.S. 13OA-294. (b} As used in this section: ill 'New permit' means any of the following: a. An application for ap~rmit for a solid waste management facility that has notbeen previously permitted by the Department. The t~rmiIld:l.!des one site suitability review, the initial permit to construct, and on~p~rmit to operate the constructed portion of a phase included in the permit to construct. b. An application that proposes to expand the boundary of apermitt~d waste management facility for the purpose of expanding the permitted activity. c. An applicatiOJlJhat includes a pror>osed expansion to the boundary of a waste disposal unit within a permitted solid waste management facility. d. An ar>plication for a substantial amendment to a solid waste permit, as defined in G.S. 13OA-294. ill 'Permit amendment' means any of the following: a. An application for a permit to construct and one permit to or>erateJQr thes~cond and subsequent phases of landfill development described in the approved facility plan for a permitted solid waste management facility. b. An application for the five-year renewal of a permit for a permitted solid waste management facility or for a permit review of a_p~l'IIljttedsolid.wa~te management facility . ~ Any application that proposes a change in ownership or corporate structure of a permitted solid waste management facility. ill 'Permit modification' means any of the following: a. An application for any change to the plans ap..12roved in a permit for a solid waste management facility that does not constitute a 'permit amendment' or a 'new permit'. b. A secQndor sub~_equent permit to operate for a constructed portion of a phase included in the permit to construct. (ill. An applicantfor a permit shall pay an applicatiQn fee upon submission of an application according to the following schedule: ill Municipal Solid Waste Landfill accepting less than 100,000 tons/year of solid waste, New Permit - $25,000. ill Municipal Solid Waste Landfill accepting less than 100,000 tons/year of solicL.w.i:l~1.~ Amendment - $15.000. ill Muni~ipalSolid Waste Landfill accepting less than 100,000 tons/year of solid waste, Modification - $1,500. ill Munici12al.s.Qlid Wast~Landfill accepting 100,000 tons/year or more of solid waste, New Permit - $50,000. ill Municipal Solid Waste Landfill acct<ptiIlg.. 100,000 tons/year or more of solid waste, Amendment - $30,000. @ Municipal Solid Waste Landfill accepting 100,000 tons/year or more of solid waste, Modification - $3,000. CD Construction and DemolitionLandtiJlacceptingJ~~~ than.JOQ..oi.tQ tQns/year of solid waste, New Permit - $15,000. 00 CQllstructionand Demolition Landfill accepting less than 100,000 tons/year of solid waste, Amendment - $9,000. http ://www.ncga.state.nc. us/Sessions/2007/BillslHouseIHTMLIH123 3vO .html 3/29/2007 80 H1233 [Filed] Page 17 of 19 (2} Construction (lnd Demolition Landfill acc~pting less than 100,000 tons/year of solid waste, Modification - $1.500. am Construction and Demolition Landfill accepting 100,000 tons/year or more of solid wast~~ New Permit - $30,000. ill) Construction and Demolition Landfill accepting 100,QOO tons/year or more of solid waste, Amendment - $18,500. (ill Construction and Demolition Landfill accenting 100,000 tons/year or more of solid waste~ Modification - $2,500. {ill Industrial Landfill accepting less than 100,000 tons/year of solid waste, New Permit ___ $15,000. (ill Industrial Landfill accepting less than 100,000 tons/year of solid waste, Amendment - $9,000. (ill Industrial Landfill accepting less than 100,000 tons/year of solid waste, Modification - $1.500. QQ} Industrial Landfill accepting 100,000 tons/year or more of solid waste, New Permit - $30,000. (ill Industrial Landfill accepting 100,000 tons/year or more of solid waste, Amendment - $18,500. ill} Industrial Landfill accepting 100,000 tons/year or more of solid waste, Modification - $2,500. U2l Tire Monofilt New Permit - $1.750. (20) Tire Monofill, Amendment - $ 1.250. ill} Tire Monofilt Modification - $500. (22) Treatment and Processing, New Permit - $1.750. em Treatment and Processing, Amendment - $1.250. (24) Treatment and Processing, Modification - $500. @ Transfer Station, New Permit - $5,000. @} Transfer Station, Amendment - $3,000. (27) Transfer Station, Modification - $500. @ Incinerator, New Permit - $1.750. (29) Incinerator, Amendment - $1,250. QQ} Incinerator, Modification - $500. (ill Large Compost Facility, New Permit - $1.750. Q2} Large Compost Facility, Amendment - $1.250. Ql} Large Compost Facility, Modification - $500. ill} Land Clearing and Inert, New Permit - $1.000. ill} Land Clearing and Inert, Amendment - $500. 00 Land Clearing and Inert, Modification - $250. @ A permitted solid waste management facility shall pay an annu(iLpeJ.ll1itfee on orb~fQn::J...hugust of each year according to the following schedule: ill Municipal Solid Waste Landfill- $3,500. ill Post-Closure Municipal Solid Waste Landfill- $1.000. ill Construction and Demolition Landfill- $2,750. ill Post-Closure Construction and Demolition Landfill- $500. ill Industrial Landfill - $2,750. @ Post Closure Industrial Landfill- $500. ill Transfer Station - $750. ill Treatment and Processing Facility - $500. (2} Tire Monofill- $500. http://www.ncga.state.nc. us/Sessions/2007 /Bills/House/HTML/H 123 3vO.html 3/29/2007 81 H1233 [Filed] Page 18 of 19 run Incinerator - $500. (ill Large Compost Facility - $500. ill} Land Clearing and Inert Debris Landfill- $500." SECTION 13.(a) Part 2A of Article 9 of Chapter 130A of the General Statutes is amended by adding a new section to read: "~ 130A-295.7. Solid waste disposal fee; use of proceeds. Uti Tax Imposed. - A tax of two dollars ($2.00) P~I ton of waste is imposed on the disposal ofmunicillill solid waste in any landfill permitted pursuantJQ this Part. A tax of two dollars ($2.00) per ton of waste is impose<l on the transfer of municipal solid waste to a transfer station permittt:d pursuant to this Part for disposal outside the State. (b) Determination and Payment of Tax. - The owner or operator of each landfill and tr'lnsfer station permitted pursuant to this Part sl1'lll maintain scales designed to determine waste tonna~at are approved b)' the DepartIll~nt of Agriculture and Consumer Services. Each owner o1'operator shall record waste tonnage at the time the waste is received on a form approved by theOt:partment and shall calculate and record the tax due YmI~I.this section for each calendar month on a form apnroved by the Department. Each owner or op~nltoLshall report the numb<;:r oUons of waste received and pay the tax due for eac;b_c'llendarmonth to the Department no later than the fifteenth day of the following calendar month. The Department shallc;redit all taxes received pursuant to this section to the Inactive Hazardous Sites Cleanup Fund established by G.S. 130A-31O.11. (0 Use of Proceeds. - The Department shall use the proceeds of this tax imposed by this sc:ytion fo1' the following purposes: ill Assessment and remediationofol'phan landfills and of inactive hazardous substance or waste disposal sites for which the State or a unit of local government is or may be responsible. ill Assessment and remediation of orphan landfills and of inactive hazarQolls sllbs1ance or waste disposal sites for which a private partyisQI may be responsible if the private Ratly cannot be identifiector loGaled or if the private party is unable or refuses to assume responsibility for th~ assessment or remediation. ill Up to fifteen Rercc:nt{15%) of the proceeds may be used to fund staff to administer conIT'lcts for the assessment and remediation of orphan landfills and of inactive hazardous substanc_~or waste disposal sites pursuant to subdivisions (1) and (2) of this subsection. ill Up to ten percent (10%) of tl1t: proc~eds may be used for grants to units of local governm~nt to support redevelopment of brown fields. ill 1lI2 to ten percent (10%) of the proceeds may be used by the Department to provide tb~_s.t51te's share of the cost of assessment and remediation of sites inth_eSt'lte that are listed on the federal National Priorities List sites." SECTION 13.(b) G.S. 130A-31O.6 is amended by adding a new subsection to read: "(0 The Secretary shall develop and implement aremeciial action pl'lnfor .. orphan landfills.. Environmental and human health risks posed by an orphan landfill may be mitigated using a risk-based approach for assessment and remediation." SECTION 13.(c) G.S. 130A-310.1l reads as rewritten: "~130A-310.11. Inactive Hazardous Sites Cleanup Fund created. Uti There is established under the control and direction of the Department the Inactive Hazardous Sites Cleanup Fund. This fund shall be a revolving fund consisting of any monies appropriated for such purpose by the General Assembly or available to it from grants, taxes, and other monies paid to it or recovered by or on behalf of the Department. The Inactive Hazardous Sites Cleanup Fund shall be treated as a nonreverting special trust fund and shall be credited with interest by the State Treasurer pursuant to G.S. 147-69.2 and G.S. 147-69.3. (b) Funds credited to the Inactive Hazardous Sites Cleanup Fund pursuant to G.S. 130A-295.6 shall be http://www.ncga.state.nc. us/Sessions/2007 /Bills/House/HTML/H 123 3vO .html 3/29/2007 82 H1233 [Filed] Page 19 of 19 used only as provided in G.S. 130A-309.295.6(c)." SECTION 14. The Commission for Health Services shall review rules governing the design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance of solid waste management facilities to determine whether changes are required to protect public health, safety, welfare, and the environment; to improve the performance of solid waste management facilities; to take advantage of technological advances in landfill design, construction, operation, maintenance, and closure; and to provide additional protection to environmentally sensitive areas of the State. The Commission shall adopt rules necessary to minimize impacts from solid waste management facilities on public health, safety, welfare, and the environment. These rules shall: (1) Establish standards for the collection, control, and utilization or destruction of landfill gasses at municipal solid waste landfills. (2) Establish standards for the design, construction, operation, maintenance, closure, and post-closure monitoring and maintenance ofbioreactor landfills. (3) Establish criteria for development of bird and wildlife management plans. (4) Incorporate measures necessary to minimize impacts to natural, historic, and cultural resources, including, but not limited to, wetlands, critical fisheries habitat, parks, recreation areas, cultural and historic sites, and potential water supplies. SECTION 15. Sections 1,6, 8, 9, 10, 11, 12, 13, 14, and 15 of this act become effective 1 August 2007. Sections 2,3, and 4 of this act become effective 1 December 2007 and apply to violations that occur on or after that date. The repeal ofG.S. 130A-294(a)(4)b. by Section 1 ofthis act applies to facilities for which an application for a permit is pending on 1 August 2007. Section 5 ofthis act becomes effective on 1 August 2007 except that the requirements of subsections (b) and (f) of G.S. 130A-295.2, as enacted by Section 5, become effective on 1 February 2008 with respect to permit holders of permits that are in effect on 1 August 2007. Section 7 of this act becomes effective on 1 August 2007 and applies to facilities for which a permit is issued on or after that date, including facilities for which an application for a permit is pending on that date. The requirements ofG.S. 130A-295.4(i), as enacted by Section 7 of this act, become effective on 1 February 2008 with respect to permit holders of permits that are in effect on 1 August 2007. http://www.ncga.state.nc. us/Sessions/2007/BillslHouse/HTMLIH 123 3vO .html 3/29/2007 83 This page intentionally left blank. 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 10 Estimated Time: Page Number: Department: County Manager Presenter: Marilyn Meares Contact: Bruce Shell Item Does Not Require Review SUBJECT: Presentation by Cape Fear Resource Conservation & Development (RC&D) BRIEF SUMMARY: Marilyn Meares will give an update presentation for Cape Fear Resource Conservation & Development. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: 85 This page intentionally left blank. 86 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 11 Estimated Time: Page Number: Department: Museum Presenter: Bill Terrell, Museum Advisory Board Chairman Contact: Ruth Haas SUBJECT: State of the Museum BRIEF SUMMARY: Bill Terrell, Museum Advisory Board Chairman, and Ruth Haas will present a five-minute PowerPoint highlighting Museum direction and accomplishments over the past year. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: PowerPoint REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: 87 This page intentionally left blank. 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 12 Estimated Time: Page Number: Department: County Manager Presenter: Dr. Art Costantini, Southeastern Center Director Contact: Patricia A. Melvin, Assistant County Manager SUBJECT: Southeastern Center's Facility Needs BRIEF SUMMARY: Currently Southeastern Center is housed in two locations, totaling 38,000 square feet. The Southeastern Center Board approved the construction of a single facility to house all Southeastern Center (SEC) staff. The facility will be constructed on property currently owned by Southeastern Center. The Southeastern Center Board has designated $5 million in its Unreserved fund balance for this project. However, the cost of constructing and furnishing a new facility is estimated at $9.335 million. Southeastern Center Board requests that New Hanover County participate with them in the construction of the new facility by financing the additional amount of some $4 million to complete the project. If approved by New Hanover, Brunswick, and Pender County Boards of Commissioners, the 12.72 acres of land and $5 million fund balance amount will be transferred to New Hanover County in order to construct and furnish the facility, via written legal document. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of project, terms of financing, transfer of SEC assets of 12.72 acres and $5 million to New Hanover County to construct a new facility to house SEC staff; and authorize the Chairman to execute agreements on transfer of assets. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: 89 This page intentionally left blank. 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 13 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: The Exchange Club of Lower Cape Fear Wilmington Request for Funds for Veteran's Healing Field of Honor at the Battleship North Carolina BRIEF SUMMARY: The Exchange Club of Wilmington is requesting a County contribution, as outlined in the attached letter, to help pay for the Veteran's Healing Field of Honor at the Battleship North Carolina Memorial Day Weekend. A member from the Exchange Club may be present at the meeting to request funding. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider the request for funding. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider request. COMMISSIONERS' ACTIONS/COMMENTS: 91 ~ The Exchange Club of Lower Cape Fear Wilmington P. O. Box 4595 Wilmington, NC 28406 910-791-1557 March 29,2007 New Hanover County Commissioners, This is a formal request for funding for the Veteran's Healing Field of Honor at the Battleship North Carolina hosted by the Exchange Club of Lower Cape Fear Wilmington on Memorial Day weekend 2007. The request for funding is to help pay for the field which is costing our club $23,000. Any funds that are raised over the cost of the field will go to help support the Parenting Place of the Exchange Clubs and other community service programs that the club sponsors. The Parenting Place is a child abuse prevention center here in Wilmington. We will be putting up 1,500 8' tall 3'x5' American Flags at Battleship Park in Honor and Memory of all that have served in the 6 US wars. As we did in 2005, this event is free to the public. We got National coverage over the weekend and really put New Hanover County in the News on Memorial Day. The field will be put up on Friday May 25, 2007 and taken down on Tuesday May 29, 2007. Bills are now coming in for the field, so funding would be greatly appreciated. The City of Wilmington as donated $10,000.00 to this event and I would like to see the County do the same since this will benefit everyone in the city and county. Best regards, Betsy Cromartie, President & Chairman 2007 Veteran's Healing Field of Honor --, 92 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, APRIL 4, 2005 PAGE 274 CONSIDERATION OF REQUEST FROM THE EXCHANGE CLUB OF LOWER CAPE FEAR/WILMINGTON FOR THE PURCHASE OF ONE HUNDRED FLAGS FOR THE SOLDIER'S HEALING FIELD PROJECT Vice-Chairman Caster reported that President of the Exchange Club of Lower Cape Fear/Wilmington Betsy Cromartie, on behalf of the Exchange Club, has requested that the County purchase one hundred flags at $25 each for the Soldier's Healing Field project in memory of the soldiers who have died since September 11,2001. The flags will be displayed at the Battleship, May 28-30, 2005. The project will display over 1,000 American flags in remembrance of soldiers who have lost their lives in Iraq and Afghanistan during the war since September 11, 200 I. Vice-Chairman Caster asked for direction from the Board. Motion: Commissioner Pritchett MOVED, to purchase ten flags from the Exchange Club of Lower Cape Fear/Wilmington in honor of the ten county employees who are currently serving or have served in the military since September 11,2001, in the amount of$250. No second was received. Substitute Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request from the Exchange Club of Lower Cape Fear/Wilmington to purchase one hundred flags for the Soldier's Healing Field Project in the amount of$2500. After brief discussion on the many worthy causes that come before the Board, the substitute motion was withdrawn and Commissioner Kopp SECONDED the original motion. Vote: The MOTION CARRIED 3 TO 1. Commissioner Davis, Commissioner Kopp, and Commissioner Pritchett voted in favor. 93 This page intentionally left blank. 94 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 14 Estimated Time: Page Number: Department: County Manager Presenter: David F. Weaver Contact: David F. Weaver SUBJECT: Consideration of Support for the City of Wilmington to Negotiate a Special Order of Consent with the State Regarding Improvements and Reduction in Flow to the Northeast Interceptor BRIEF SUMMARY: The City of Wilmington, at its April 3 meeting, adopted the attached resolution and ten steps regarding plans to improve the Northeast Interceptor (NEI) and to reduce flows going to the NEI until the improvements are made. The City intends to enter into negotiations for a Special Order of Consent (SOC) with the State, using the attached list of ten action item parameters. The City is requesting that the County support it in its efforts by endorsing the attached list. The County will be a partner with the City in the negotiations, although the City may be the official lead agency as the permit holder for the NEI. Please note that action item number seven was originally written to allow commercial projects only if less than 500 gallons per day (gpd). This level of project would allow, generally, only a small office or retail use. Based on historical flows, new uses of 500 gpd or less have contributed around 15,000 to 20,000 gallons of new flow per year to the NEI. The City voted to remove the maximum cap of 500 gpd for each new commercial use, but placed a maximum total cap of 80% of the average increase in commercial flow over the past two years (160,000 gpd), or approximately 128,000 gpd for mLnew commercial uses. Once this cap is reached, no new commercial uses would be permitted for that year. Capacity would be available on a first-come, first-serve basis. It is important to realize that this list of ten action items are only starting points as we enter into SOC negotiations. The State ultimately will make the final decision on any requirements concerning the NEI. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the County Commissioners consider endorsing the attached list of action items and consider supporting the City in its SOC negotiations. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 95 REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with staff recommendations above. COMMISSIONERS' ACTIONS/COMMENTS: 96 Resolution . City Council ! .,;<~~<~ City of Wilmington '3 North Carolina Introduced By: Sterling B. Cheatham, City Manager Date: 04/03/2007 Resolution Authorizing Application and Negotiation for Special Order of Consent Relating to the Northeast Interceptor LEGIS LA TIVE INTENTIPURPOSE: The City of Wilmington in cooperation with New Hanover County and the Town ofWrightsville Beach has developed a program for the improvement of the Northeast Interceptor ("NEI"). Until the improvements are constructed, it is important for the City, County, and the Town of Wrightsville Beach to manage flows in the Northeast Interceptor. Strategies for the management of flows include the diversion of some flow to the Northside Wastewater Treatment Plant, the reduction of in-flow and infiltration to sewer lines in the NEI area, and the limitation of connections to the sewer system in the NEI area as well as the Northside basin. The parameters to reduce flow through the NEI are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. In order to demonstrate the commitment to reducing flow through the NEI and improving the NEI, the City Council has determined that it may be appropriate to enter a Special Order of Consent with the Department of Environment and Natural Resources. THEREFORE, BE IT RESOL YED: 1. That the City Manager is hereby authorized to make application to the Department of Environment and Natural Resources for a Special Order of Consent relating to the reduction in flow in the NEI and improvements to the NEI. Any application and negotiations with DENR shall be consistent with those strategies outlined in Exhibit "A." It is recognized that these strategies may be modified as improvements are made and conditions change pertaining to our wastewater treatment capacity. 2. The final terms of the Special Order of Consent shall be subject to approval by the Wilmington City Council. 3. The City Manager is hereby authorized to initiate the Special Order of Consent process after evidence of approval of the strategies noted in Exhibit "A" by New Hanover County. 97 Exhibit A Parameters to Reduce Flow These parameters would apply to all projects except "public good" projects such as schools, health clinics, and publicly-owned gathering places. 1. Immediately divert a reasonable amount of flow (up to 250,000 gallons) per day of Porters Neck area sewer flows from the NEI to Northside. Divert additional flow after the sac and/or plant capacity increases are in place. 2. Enter into contractual negotiations with the State of North Carolina immediately, committing to the NEllmprovements and request compliance flexibility until they are completed. 3. Give engineering consultants notice to proceed with initiative to increase Northside WWTP capacity earlier than scheduled. 4. City and County to immediately initiate a sewer insert program for all manholes in the NEI Area and the basin served by the Northside WWTP to reduce rainwater inflow. Then, strategically and appropriately expand this program system-wide. 5. City and County to fund system investigation and repair program as identified by COM Study in the NEI Area and expand program system-wide to reduce storm water and groundwater flows into the sewer system. 6. Building Permits for residential construction in the NEI Area would continue to be issued. 7. Commercial Building Permits in the NEI Area that add new flows will be limited to 80% of the average increase in commercial flows over the past two years, until plant capacity is increased or the NEI improvements are completed. 8. City and County to stop authorizing developer prepared applications for state permitted sewer system extensions in the Northside WWTP Area until plant capacity is increased. This would cover adding main lines (new sewer extensions) to the system. 9. Water use conservation program continues and expanded for City customers and begins for County customers to reduce sewer flows. 10. Continue with the capacity planning, allocation, and management process for the system. 98 4. The parameters to reduce flow noted on Exhibit "A" will be used as tools to implement the Special Order of Consent. Flexibility in their application is anticipated. Bill Saffo, Mayor Adopted at a meeting on ,2007. ATTEST: City Clerk 99 This page intentionally left blank. 100 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Regular Item #: 15 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Sheila Schult, Clerk to the Board Item Does Not Require Review SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards/committees: Adult Care Home Community Advisory Committee Juvenile Day Treatment Center Advisory Board 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: 101 This page intentionally left blank. 102 COMMITTEE APPOINTMENTS ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Membership: 18 maximum, 13 mandated based on the number of facilities operating in the County Current Members: 14 Term: 1 year initially, 3 years thereafter ELIGIBLE FOR APPLICANT: REAPPOINTMENT Katherine Carroll Attachments: Committee Information Sheets Application 103 ADUL T CARE HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 13 State mandated; May appoint up to 18 (1 member for each permitted facility) The Adult Care Home Administrators may nominate one-third of the members. If possible, one member must be a person involved in the area of mental retardation. A County Commissioner shall be appointed to serve in an ex-officio capacity. Compensation: None, but may be reimbursed for actual expenses. Term: 1 year term initially; 3 year term thereafter Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Adult Care Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in-laws. See Volunteer Job Description for more information. Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights, visits adult care homes quarterly, promotes the well being of residents and encourages community involvement. Statute establishing Committee: N.C.G.S. 131D-31 Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July, and October at 9:30 a.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Mary K. Busbee First 4/30/2009 8402 Emerald Dunes Road Wilmington, NC 28411 4/18/05,4/18/06 686-2763 (H) Carolyn B. Hooker Second 3/31/2009 3102 Rachel Place Wilmington, NC 28409 2/18/02,2/17/03,3/13/06 799-5108 (H) L. Thomas Jennings First 11/30/2009 415 Charlotte Avenue Carolina Beach, NC 28428 11/21/05,12/18/06 458-2584 (H) 619-0762 (C) Janet H. Locklear First 11/30/2008 6130 Inland Greens Drive Wilmington, NC 28405 11/22/04, 11/21/05 798-8117 (H) Lorraine McEvoy Initial 8/31/2007 121 Spartan Road Wilmington, NC 28405 8/14/06 784-9325 (H) 104 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Deborah D. Maxwell Second 1 0/31/2009 121 Jamaica Drive Wilmington, NC 28401 10/21/02, 10/20/03 341-7563 (H) 253-2292 (W) Sandra Oglesby Initial 12/31/2007 1508 Rock Hill Road Castle Hayne, NC 28429 12/18/06 675-8040 (H) 452-8200 (W) Ginger Hill Page First 1/31/2009 3927 Appleton Way Wilmington, NC 28412 12/20/04, 1/23/06 397-9367 (H) 538-8008 (C) ~ Csecond ) 3/31/2007 4937 S y Drive r Wil . gton, NC 28405 2/21/00, 2/19/01, 3/22/04 -0892 (H) Oliver F. Schreiber Initial 8/31/2007 121 Spartan Road Wilmington, NC 28405 8/14/06 784-9325 (H) Elizabeth Schulz Initial 7/31/2007 902 Dolphin Court P.O. Box 3476 7/24/06 Wilmington, NC 28406 231-4946 (H) Martha H. Stein Initial 7/31/2007 2203 Marlwood Drive Wilmington, NC 28403 7/24/06 762-1125 (H) Cecil W. (Woody) Sutton Initial 7/31/2007 50 McEachern Court Wlmington, NC 28412 7/24/06 512-1612 (H) 962-7074 (W) Brenda Lee Williams Thomas First 1/31/2010 1514 Flushing Drive Wilmington, NC 28411 1/23/06, 1/22/07 790-3290 (H) 762-1177 (W) Karen McDowell Vincent Initial 7/31/2007 713 Fayetteville Avenue Carolina Beach, NC 28428 7/24/06 458-5620 (H) 105 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 3 TERM OF OFFICE CURRENT MEMBERS I EXPIRATION APPOINTMENT COG Long Term Care Ombudsman: Harvin Quidas 1/07 1480 Harbour Drive, Wilmington, NC 28403 File: /Adult 395-4553 B/C#7 106 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Marketplace Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICA TlON Telephone (910) 798,7149 FAX (910) 798,7145 Board/Committee: ~ 1:>U.A-1 C A-t:..L / NU"R.St,..,Jtb 140M t COW\.W\UN(rv . ~ '(i. . Name: ,ar-k~ '/4" L- ~ E-Mail: ;:;':ss: 7933 ~~1 ~d7tL t'f~ IdJ~'1b7L Ale.. .R.fr:-II (Street) (City)'; (Zip Code) Mailing Address if different: (City) (Zip Code) Home Phone: (, f? t, - 6 / ~ cr Fax: Cell: Business: Years living in . (? . New Hanover County: C; ~2.. Male: _ Female: /' Race: ~~ Age: 6 7 (Information for the purpose of assuring a cross-section of the community) Employer: (A pe n currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New Hanover County Personnel Policy.) Occupation: Professional Activities: ~~~. . t~ ~ 66- - ?: l!- / ~H:. ~ 4 "r:; V P' c:---~r- ...- , ':""'.l-- ~- ;>' / Volunteer Activities: 0 J~:'" / /&n/~ P~J . ~/..o /J2, /I..J)J, ~..J~...... , ! ~ <' 4 A--Z<. Tf "Z- UP /4 "~....J'A / ~d. . d~~ ~ rfi(~ /.. ,</ yI , / 0',/ " Why do you wish to serve on this board/committee? ~~ ~ ~..tU /> .I .b~ 7 Con iet of Intarsst: If a board member be eves he/s e h& e conflict or potential co o/!t of interest on a particuiar issue, that member sho state is beiief to the other members of his/her respective board during a public meeting. The member sh uld state the nature of the conflict, detailing that he/she has a separate, private or monetary intefest, either direct Of indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? t:Lr4!...-rl" ~~ 0 _ _ "", ('..~<::.C'~ 7 ~J/( hrVA.~.AA.-I. a~~/'.;:L> J C'~ ~-P J ')' p " . Qualifications for serving: 6 /1 ~ c:. tf-(! '?J:I' ~/'-L;!1-", ~ j f5'-;r~./,<:",-,/ ~ ..1- - AM....... 1. ~ ' a ); ~ zu..,~---, ,g /- t:J 7 SI 2. J ~. '~1""'. '1.::r..eL..&-<. / .::?..a......e"k-A.../.#'>O .J, ~ ~ -:!:J':1J'-CV? A./ 3. .~..e:T.;t; -" c.~~~ 7~J ?L-5-~ -u6.57 Date: 07 Signature ~Ju>:-> /~ L-/ GA/j~/ file for 18 months - Please use reverse side for additional comments 107 This page intentionally left blank. 108 COMMITTEE APPOINTMENTS JUVENILE DAY TREATMENT CENTER ADVISORY BOARD VACANCIES: 3 At-large members (Includes 1 unexpired term - 4/30108) ELIGIBLE FOR APPLICATIONS REAPPOINTMENT Brian Brosnan X Robyn G. Carr Angela Lee Diana Woolley Attachments: Committee Information Sheets Applications 109 JUVENILE DAY TREATMENT CENTER ADVISORY BOARD Members: 9 (5 at-large members and 4 representatives from each of the following agencies: Southeastern Center, New Hanover County Schools, NC Department of Juvenile Justice and Delinquency Prevention, and Department of Social Services) Terms: Appointments are made for three years. Members may not serve more than two consecutive full terms and cannot be reappointed until at least one year after the last term. Initially, terms will be staggered with lone-year term, 2 two-year terms, and 3 three-year terms for at-large members. Purpose: To develop necessary policies for the efficient and responsive operation of the Juvenile Day Treatment Center (JDTC), to advise the JDTC Director on programs and services to meet client needs;.to help establish goals and objectives to achieve successful outcomes;' to advise the County Manager and County Commissioners concerning the operating and capital needs of the JDTC; and to serve on relevant committees/sub-committees; and to actively promote public awareness of and advocate for the JDTC and its services. Established by the Board of Commissioners 12/6/2004. Qualifications: Any County resident 18 years of age or older who has a sincere interest and commitment to promote positive youth development and to help youth succeed in their home community. Members shall be required to sign a Conflict of Interest agreement, which will be provided in advance of their appointment. Meetings: Regular monthly meetings are held on the second Tuesday at 2:00 p.m. at the Juvenile Day Treatment Center. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Brian Brosnan ~ First 4/30/2007 * 713 Bayshore Drive A--L~ 9/18/06 Wilmington, NC 28411 . 686-5998 (H) Rick Cowles First 4/30/2008 304B Columbia Avenue Carolina Beach, NC 28428 4/18/05 233-1334 (H) 458-1334 (W) Carolyn B. Dop . ~ 'to First 4/30/2008 r 7002 Tops ane, Apt. E Wilm' on, NC 28411 Avv0-t- 4/18/05 7 -90633 (H) R .3tJ7 110 JUVENILE DAY TREATMENT CENTER ADVISORY BOARD (CONT.) TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Leslie King First 4/30/2009 1440 Villa Place East Wilmington, NC 28409 4/18/06 793-2967 (H)9l0-200-l809(W) Tommy Puckett ~ Unexpired 4/30/2007 * 1008 Balfo nve Wil . on, NC 28411 9/18/06 -6831 (H) 815-3112 (W) Aeencv Representatives: Southeastern Center: Art Costantini County Schools: William R. Trant NC Department of JJDP: Robert Michael Speight Department of Social Services: Wanda Marino Director: John Ranalli 9/06 718 S. Third Street File: /JDTCAB Wilmington, NC 28401 B/C# 798-6462 (0) 342-2405 (Fax) 111 . 081 03!20ElEl 07:55 9149474253 E B PAGE Ell New Hanover County Board or Commissioners COMMITI'EE APPliCATION 320 C~IDUt3trcct....R00ft} 30~ wilnoinl"".NC 2140\.0093 Tolepiloom (91 0) 3<1-1149 PAX (9101 34J..4130 BoanllCo.D1Iltee: .rovzaa:LIl DLT !rII.a-.,. CZlf'.rJIll AJ>V1:aoJa BOAJlZl N..e: ar~ aro.~ Home 2&U1 Add!'cu: 713 :aay.ho~ Dr:!.".. W;l.:baiD9tOI1 (''''00') (City) (ZIp c...) Ma1lluC Admws If .mr.1'CII~ Holm: Phom,,: 810-'8'-!5"P. BuslllelllWortl. Phlllle: Yeart IJvIIIg II 1 Male: ~ F_a1e: JUte: C.'IlCl...1._ Age:~ New lblltmlr CoWJty: - - 0.'.....'.. ,... tt.. p.r......' ....rhaa _ trOI' ..et". et.. c-......hy} Employer: .al.r (A "It"'.. 1tIIn'''Hy ua...,.... "".... ....cy er ...,........ .....kiclr: tllb ."hu'''. t. ..... ..It n.... .I~_ p....... wit.. N.... a.......r C...'y .p. ."...*--t," .u.....<<.... Artic~ V'" 51C..... .r tIM .N..... B......u C ...., P..:-.....2 h1k7.) Job Title: Cl.;i.II1.0aJ. Social WoUal: ProfetsloIla! Actlvltla: h:1.vate h.cti.... - ..;rcbotbe%"lIpi.t Vol. tar Aetivitin: bc:kJ.aDd. C~ty CoUa9a - ao~ ot" '.tlNa1:ee. - 7 y._a WIly do YIM wisll te sern OIl tills boardfc:o.D1Ittec'? X h..". beaD .. ],0119 U- aclvocate :for youth at d.ak ....s. 81lba t;aaaa abWl. .:La.,.. ot a401.aa__. tOllI"'c.r .r..,......: t. ooard ~'"be,.".IJe~1I III. I."ell.... co"fIkt Di P"""'.' R)",icfot .",..1 Dft. ,.~,.; ..... ".. "'lHI'Iltar 6bcllItI $1." 1Itk' bttl"'''to II' ot,.., mMlbIv.J af hla /".r ,.",.aJ" boeni dwnltJ' pub>>c ",..tine. Tit. ..",b.,....INI&lIl1.Uit. fhlll ....t",. or""" ean"ic;,. ..fai.", thll he4h.. It.. . ..,...fo. priV.I' t)r alonelery lit""." elb., IfIIWel Dr ItfdltaCf.. I,. It. "'," II""" COIf~""'OA'. nt. m.me" ,"oJlltIlMn ..ten. "'N." I "lIeW 'IDm YDfJ"D ",. fIN mel",. Wb.t are.. of COKen wOllldYOlllllle to .ee addrueed by tbl. c:oIIImltiee? X :faaJ. tha b1.opaycboaoc:1.aJ. z.babi.Utation of tha_ youth i.acl.~ d.ruIi b:8a~t and vooaU.oD&l ....._t.. QllIllflatlODs for lem.g: LeS'lf :i.D tb1::ea .tatea aDd 15 yaara of prof..d.oDal. work :i.D the f.i.J.d.. Otbef 1Il...lelp.1 or COllllty boanblclllllmltteeJ 011 which you. Al'C .erving: ~- U.t three Ioml penon" referemen aad phOllle lIumben: 1. John Jlz:&1UI 1l10-2!H.-12!1f. 2. nar~ ~Q g10-6f.1-POCO 3. rr&r:llr. lI:Lc:li:IIlaJ:l. 910-686-0171 Dale: _roll 16. 2005 e-J A'plk.t.... .r. u,~.. Ilk '....18 ........ Un ,.......r.. .i4. t.r .cI.~t:l...1 CD. ...... 112 9103925621 p. 1 Apr 10 06 01: 47p New Hanover County Board of Commissioners COMMITTEE APPLICA TION 320 Ch"'bm' 0 Ir<et, Room 301 WilminglOn, NC 28401.4093 Tel."hone: (910) 7Y8-7149 Fox: 798.7145 Board/Committee: New ~(LWVF..02. (Du/\~ )1'-'-/ -r;:eo.~ef\J MtJI ,t16f- y -goa~ NameMy.rJ G, CCLl'"r Home Hu.d~Unve VJ ~ fVhr n@/c"'l Address: L q(~ q Z$lfo3 (s..o.t) (City) (Zip Code) Mailing Address if different: 'Lf.3/_-: ()592- (e.I/ q,/ ().- 7 q f ~ 0; 'LQ "3 Home PhIJDC: q ID - ~ 3 1 ,_ 32-. BusinesslWork Phone: Yean Li"ing ill '-f. .' NcwHllDovcrCounty:~__ Male:~ Female: ,,/ Race:A++ll -Ihn.en'CC;f1Age: '-I:L (hi form ation for the pur pose ofas8uring. t=r'on 8ectiob of the l:uw.U'lIrniry) Employer: a~JlC r()f\f~6 J XtC. (A I....oa <uTrtntly ...plo .d by tb..geney or depa.t..ent ro. whi.~ t~i..pplie.tiOD i. ...Ile, ...... ro.irn his/be. I..sition with New HAbOver Couu.y upon Rlllaoin tment, in accordaDce with Ar'ticl~. Vi, Seetinn J$ of the New H.Rlloyer Cuunly "Personnel P()li~)'.) Sh;rr;r-J& tl , Job Title: ~perVlsMl Professiolla[ Activities: VolllDteer Activities: .6se6a-1Ly -ho+ba I J CDaM Wily do you wish to serve on this boord/committee? ::r:. SQ %f' ne.eJ JiQZ. Q \/01 Ce ()+ t:i- ,.:f:;~;+ ...;-:~!,s... " p::e..ld!~_ ..b.e.f-d~. ~,~,_. .. _. .~,,~. ,~._".. .... members of his I tier respsC:live board during a Public meeling. Th6 membor ~houJd stare the nalul'f affhe conrlict, detafJing lhat he/she "as a sepBrate. prlval~ or mone-tarp inJerest., either dired or indirect, In lhe iSSU9 under co'' ~irl9ratlon. Th6 member should tl,e,J tU-cu~e nimself I herselr from voting on the maltsr, What areas of concern would you like 1:0 see addressed by thill committee? '-the. c.IT J'h L ro....+i' b 5' O-ff- bQ-~c:.?-n 1Ct-C.~J (~P hefweefl eclw~De..J? ollcl JUfl./],,-I.e s.ys.~.: Qualifications for serving7INr ery~ D + Dn "t5 ) A ca.L 'r.1 lA-'; 4.-11 ij tJ.e. 5:ho D 1 "'5 )"~ fern /' ~tlld :S-/Avel\-;).e ']""'u: s~ ice" 'S'f6terr). Other municipal.orcoullty boards/committees OD which you are serving: --. --.. 2. Date: _ D!f:JllQ W Applications are kcp[ 0[1 file f(lT J8 monlbs ~~7 113 New Hanover County 230 Government Center Drive Board of Commissioners COMMITTEE APPIJCATION Suite 175 Wilmington, NC 28403 Telephone: (910) 798,7149 Fax: (910) 798-7145 Board/Committee: Juvenile Day Treatment Center Name: Anqela Lee Home Address: 233 Racine Drive #32, Wilmington, NC, 28403 (Street) (City) (Zip Code) Mailing Address if different: Same Address As Above E-Mail Address: awilliamslee@aol. com Home Phone: 9106326113 Fax: Cell: 9104719921 Business: 9104719921 Years Living in Race: African American Age: 42 New Hanover County: 10 yrs Male: Female: - (Information for the purpose of assuring a cross section of the com munlty) Employer: Brigade Boys & Girls Club (A person currently employed by the agency or department for which this application is made) must resign his/her position with New Hanover County UJtOIl appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.) o f Project Director ccupa IOn: Professional Activities: Child Community Protection Team (2006-Pres) Volunteer Activities: Cape Fear Area United Way Allocation Committee Why do you wish to serve on this board/committee? To assist in the planning of program acti vi ties for adjudicated youth and to become more familiar with services available in the community. Conflict of Int. rest: If a board member believes he I she has a conflict or potential conflict of interest on B particular Issue, that member should state thi$ belief to the other members of his I her respective board during a public mesting. The member should state the nature of the conflict, detsUing that he/she has a separate, private or monetary interest, efther djrect or IncUrect. in ttJe issue under consideration. The member should then excuse himself J herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Completion of education as it re- lates to elementary, secondary and post secondary education for at risk youth. Qualifications for serving: Management and Budgeting Skills and most important interest in success of the communities at risk youth. Other municipal or county boards/committees on which you are serving: List three local personal references and phone numbers: APR - 2 2007 l. Caroly Jacobs - 233 7861 Dewey Harris - 80. or COM MISSIONERS 2. 3. Pamela Federline - 254 4186 :~.;~."""". Date: April 2, 2007 Signature: Applications are kept on file for 111 months 114 Mar- 30 07 12:11p D. Diana laJoolle~ 910 686-6008 p.2 New Hanover County 230 GOVUQment Conter Drive. Board of Commissioners COMMITTEE APPUCA TION Suile 175 W ilmin.,gton. NC 284U) r.lepl1onc: (910) 798-7149 Fax: (9] 0) 798.7145 BoardlCommittee: Jtweni.l.e Day ~reat:ment Canter Advisory 8oard. Name: D. Di.an. woo~ley Home Address: 3411 Pri.d.ay Dri.ve Wilminqton 28411 (Sl..el) (City) (Zip Code) Mailing Address if different: R/A E-Mail Address: dd.wi.lm840eaol. com Home Phone: 910 686-6008 Fax: 910 686-6008 Cell: 910 686-6008 Business: 910 686-6008 Years Living in New Hanover County: 10 Male: Female: Race: CauC&S.ilU1 Age: 66 - - (laformMi.. fOl" a.. p.rpo'~ .f .....ri..:I CT... udiOD .rt~e coamullity') Employer: ltet.1:z:ed/se],-r-Cl!P~oyad. part t:l.llle (A p.rUIID curnatly ..playltd by the ageacy or ..partt...t r.r......it. 'Ids .ppliC'.tio. .. made, ...st naigD "'~.r poIIitioa .....ita Nnr H..oyer COD." .pe. .rpm-......t. 1.. aUftI'd..u wit.. Artiele VI.. ~.rtiAIlI . or 6.. N... Ra.D'Wer ClIlIIIllt:y P.n......I ..Iicy.) o f Project Planner/Grant Writer ccupa Ion: ProfessiDllal Activities: Principal. of Soutbe~ GrantWoua, a project p.laDninq/qrant writi.nq fi.rm Volunteer Activities: WD!f BOD (tenure aodinq 6/30/07) , Coamnity Chi.l.d. Protection ~_ Why ck you wish to serve on this boardJcommittee? Have a continui.nq interest in adolescents, thei.r cl.z:eans, aspiration, prob~__, and. their need. for acluJ.ts interesteel j.n their _ll.fare. Con"~t or mte,..t: I a DoanJ memw believes "e/.stJe lias I conflct or polen'la/contlictof iltftfllSton. perll:utar .sue, th.t memb.r shaould ..... '''is b.lieflo lie o,lIer memb.". of hJs/flttr nlspective board during. publiC: m..tJng. rite member .should .stll'e lit a ".lure of lhe connJCl, delalling Ihel helslt~ "a" It .eperale, prl.,ate or monetary ;nI8",st, either direct or in,,'recr. 'n lfae- i$sJJe under consideration. Tne member should tbell fucuse himse" / beTS6/f from votmg on lhe matter. What areas of coocem would you like to see addressed by this committee? servi.ce expansi.on :for Rew BlUlover County youth as ill whole, and long-teJ:lll sUBpended. and. iIldjucli.cated. youth in parti.cular. Qualifications for serving: Master's degree in plamU.ng, 30 years experience in project davelop- ~t and a.dm:i.n1.strat1.ol1, anc:l 1.0 years experi.eDce working in New BlU10vez County. Other municipal or C:OUDty boards/committees 011 which you are serving: DDS Ccmmun:i.ty C1ti.],d Protecti.ol1 !ream, fO:cDlllr :Dmlber of the Lower Cape Fear ~ri.-County Gang ~ask I'orce List three IDeal personal references alld phODC: lIumbers: I. Wanda Maril10 - 910 798-3476 2. Constance Pa:z:ker - 91.0 790-9949 ~ Connie Jo:z:d.an - 341.-1400 Date: March 30, 2007 Signature: Applicatiolll.rt ltapl 011. lile for 18 .oath" 115 This page intentionally left blank. 116 COMMITTEE APPOINTMENTS NURSING HOME COMMUNITY ADVISORY COMMITTEE State Mandated Minimum Membership: 9 Maximum Membership allowed by State Statute: 14 Current Membership: 10 Term: One year initially, 3-year terms thereafter ELIGIBLE FOR APPLICANTS: REAPPOINTMENT MarK C. Sheffield X ADMINISTRATORS' NOMINEES None Attachments: Committee Information Sheets Applications 117 NURSING HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 9 State mandated; may appoint up to 14 based on the number of nursing homes. The Nursing Home Administrators may nominate one-third of the members. Term: i-year terms initially; 3-year terms thereafter Brief on the functions: Each member shall be aware of the general conditions under which the persons are residing in the homes, and shall work for the best interests of the persons in the homes. This may include assisting persons who have grievances with the home and facilitating the resolution of grievances at the local level. Each member shall make quarterly visits to the nursing home it serves and more often if it is necessary to carry out the duties. Statute or cause creating Board: N. C. General Statutes 131 E-128 Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Nursing Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in-laws. See Volunteer Job Description for more information. Regular Meeting: Quarterly Meetings are held on the second Tuesday of January, April, July, and October at 4:00 p.m. at the Cape Fear Council of Governments, 1480 Harbour Drive, Wilmington, NC. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Joan Barbara Apke Third 11/30/08 109 Cromwell Circle Wilmington, NC 28409 9/21/98, 11/15/99, 799-4574(H) 12/16/02,11/21/05 John E. Brett First 6/30/09 325 S. Third Street Wilmington, NC 28401 6/20/05, 6/19/06 762-7295 (H) 815-3497 (W) Catherine R. Davis Third 8/31/08 5613 Greenville Loop Road Wilmington, NC 28409 Appt. 2/2/98, 6/21/99, 395-5512 (H) 6/17/02,8/15/05 William Y. Doran First 7/31/07 1115 Tennwood Drive Wilmington, NC 28411 7/7/03, 7/12/04 686-2643 (H) 686-2514 (W) Dorothy L. Grime First 1/31/08 5583 Wood Duck Circle Wilmington, NC 28409 12/15/03, 1/24/05 350-0672 (H) 118 NURSING HOME COMMUNITY ADVISORY COMMITTEE (CONTINUED) TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Faye Griffin Hoffman Second 3/31/09 162 Partridge Road / P.O. Box 3687 3/25/02, 3/24/03, Wilmington, NC 28406 3/13/06 392-6873 (H) Patricia E. King Second 3/31/09 517-1 Hewlett Way 3/25/02, 3/24/03, Wilmington, NC 28409 3/13/06 675-3565 (H) Mary Ann Lewis Second 3/31/10 8 Merrimac Drive Wilmington, NC 28412 3/24/03, 3/22/04, 791-0523 (H) 3/12/07 D. Alton Parker, Jr. Second 8/31/07 318 Golden Road Wilmington, NC 28409 8/21/00, 8/20/01, 392-3514 (H) 8/16/04 Mark C. Sheffield ~ First 4/30/07 * 1319 C Military Cutoff Road ~ Wilmington, NC 28405 4/21/03,4/19/04 232-4964 (H/W) Judith Pennington Tagert First 1/31/09 504 Carolina Beach Avenue South, Unit 1-K Carolina Beach, NC 28428 1/4/05, 1/23/06 458-6770 & 313-1164 (H) D~tead ~-k> First 4/30/07 326 C ooga Place Drive ~ Wi mgton, NC 28412 ~' ..' "," 4/21/03,4/19/04 " Members Nominated by Nursing Home Administrators: Contact: Harvin Quidas, Region 0 Long Term 1/07 Care Ombudsman, Cape Fear Council of File: /Nursing Governments B/C #22 1480 Harbour Drive, Wilmington, NC 28401 395-4553 119 Apr OS 03 03:56p Mark C Sheffield 1-775-522-7777 p. 1 New Hanover County Board of Commissioners COMMITTEE APPLICATION 120 Ch~D1lH SUet't. Room 305 WilmingtoTl, NC 21\4111-4093 Teh:phoBC flHOl H 1-7].119 fAX (910) 341-4130 Board/Comm itl",,: ~~~~~~~~~_e C~~~nitJ.: A~~~~:I~~~ine~_________.____________.._____________ Name: ~~r~.~__~~e!!!.':~___.___..____.._._____.__..__... _____. .._____________.. ..__________ Home 1] 7 Driftwood CT . Wrightsville Beach 28480 Address: _____._". .____ _ .._____. ....._____. ___.. ._____...____.______.. ...__________.. ...____. ___________ fSlrr:tt) (City) (Zip Codc-) . 1319-CC Military CutoffRD #188 Wilmington NC 28405 Mailing Address If dlrrerenl: _________._______.._____________________________.____________ 910-232-4964 . 910-232-4964 Home Phone: .:....___...__._..___________.__ Bllllness/Work Phone: ___.____. __.____.__ .______._. _______ Years Living in 20+ " Wh.t 4? New Hahover County: ...._____________._ J\f ale: ___ Female: __ Race: ___~:_. ._____...._.___ Age: .:-_____ (Iar.rm.non for the pur,,.1t' orallllrIA::'. era!lll ar:clil)" or fbe c ommunit~.) 10' . Self-Employed ~-----_. Emp ~er. ____. .._____._." ._.__________. .------ ~-----_...... ...----......... -----_... ......_------ fA ptNlil'l'n urreaCly employed by tbc I.tc-at'y Dr 1k1'''Em~Dt far ""tlltb this application j" madtt JI] ..t retlr:n hhdhtr po~iUaD whb Nc,," lh.."~r CDun.w .pUD .ppoidCMtn1, In u~C'ord"ulJ:t" wU11 ArUdt' VI.. SI't'tton ~ of Iht New llant)\'C'rCnu nC~' f'rnlcmuJ ,loH.c::,-.) .Job Tille: Ow~:~__..________ _______.. _________...._______..... __________. ________ . .._________.. ...______ . .. Insurance consultant for health, life, long tenn care, etc. Profe.sw....l ActiVitieS: ___...______._____ ..._________________...______..._______...._ _ .. None at this time Volunteer AclJvltIes: ______. .._____.......________.. ...___________. ""__________. ...______..___________ Wh,' do '<lV wish 10.'''''' 011 this board/committee~ I hear and see so much about nursing homes and . Y _.....__.________ ...____________. ...____________.. ..._.__________ seniors that it is an area of great concern and interest to me. To observe the levels of -----------_.__._--------_..._------------_._-,.~._._--------------------- ._----- treatment and services available in our county and assist in assuring quality care. ----------.-...--------.----------- .--~----------..__..._---------_.....,._._---------_._... ...--- . . That the COUllty'S growing population Whalllr... of concem would yon llk~ to se~ addressed by IhlS committee? ____........_____________...".".__________ requiring these serviccs arc being anticipated and that proper carc is being given. --------------..- ...-----------.... .. --------.-..... ....----------........ ..------ -----..-..------ Qualificatioll' for .ervin : A caring heart and open mind. Knowledge of seniors needs from an 82 g -----.---...-----------........------------........ -..--------- ----"" ...----- year-old mother (lives at homc in Duplin Co.) as well as thru work-related experiences. ----------------....-...----------.-.......-...-.-------------_..._.._..__._------------_..._-~_.._-- ----------- . ". None. Continuation from above the Oth~r municipal or count)' buards/commlttee. on whIch )'OD are serving: _________.."...._____________.__" -.------ ~~tics-~~~~.~~~~~~~rk be ackno~~~~~~~~_tho~r:.~_~g ~:.~~~~-~e..~~~~!!e.~:~~_~~.r..::_!.~'-i.___..____ cor \ ~ I e. v List three loul persooal ref.rrne". and pilOD" numhers: 1. !<::t~!_?~1!.~~~~':'~!~.s._, .~~~~~:~]!:..~~~~~_~apt!~.t._~~~!~~_~~~~~?_~!2~.__ __ _ .... . - -----------...- ..---- - 1. J:ffRaynor Friend for 25 years 910-798-9107 - --------------________w._________________._.._ .____________________._. ___________ ------- NEW HANOVER CO. BD. Of COMMISSIONERS 120 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 11:20 a.m. 1. Non-Agenda Items (limit three minutes) 11:25 a.m. 2. Approval of Minutes 123 121 This page intentionally left blank. 122 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/16/07 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: District Chairman Kopp Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Water and Sewer District Regular Meeting held on April 2, 2007. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: 123