HomeMy WebLinkAboutAgenda 2007 11-19
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, 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
November 19,2007 9:00 a.m.
MEETING CALLED TO ORDER (Chairman William A. Caster)
INVOCA TION (Carl Byrd, Sr.)
PLEDGE OF ALLEGIANCE (Vice-Chairman Robert G. Greer)
APPROV AL OF CONSENT AGENDA
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
9:10 a.m. 1. Presentation of New Hanover County Retirement Plaques 49
9:20 a.m. 2. Presentation of New Hanover County Service Awards 51
9:30 a.m. 3. Introduction of Newly Hired County Employees 53
9:35 a.m. 4. Presentation of "The Hardcore Warrior Proclamation" Plaque to Don Blake 55
9:40 a.m. 5. Recognition ofMr. Randy Wilson as "2006 Volunteer of the Year" for Pop 57
Warner Football
9:45 a.m. 6. Recognition of County Staff for Extraordinary Efforts 59
9:50 a.m. 7. Presentation by Highway 17 Association 67
10:00 a.m. 8. Update Presentation on Joint Emergency Services Training Facility and 83
Appointment to the Safety Training Center Advisory Committee
10:10 a.m. 9. Consideration of Fire Insurance District Realignment for Ogden Fire-Rescue 85
and Wrightsboro Volunteer Fire- Rescue
10:20 a.m. 10. Consideration of a Resolution to Purchase 3.85 Acres of Land Adjacent to the 91
New Hanover County Landfill Entrance and Adoption of Ordinance for
Budget Amendment 08-019
10:35 a.m. 11. Consideration of Capital Project Ordinance-Land Acquisition for Future 97
Expansion of the Jail Facility Property Acquisition, Blue Clay Road
Tax Parcel Nos. R02600-002-005-003 and R02600-002-005-000 and
Adoption of Ordinance for Budget Amendment 2008-59
10:50 a.m. Break
11:00 a.m. 12. Consideration ofInterlocal Agreement, Water and Sewer Authority 101
11:15 a.m. 13. Consideration of Mason Inlet Relocation Project Maintenance Event 139
11 :30 a.m. 14. Consideration of Contract Renewal for the Engineering and Surveying 147
Services Associated with the Mason Inlet Project from October 2007 through
September 2012
11:45 a.m. 15. Consideration of a Tax Department Business Analyst Position 171
11 :55 a.m. 16. Committee Appointments 173
12:05 p.m. 17. Meeting of the Water and Sewer District 203
12:20 p.m. 18. Non-Agenda Items (limit three minutes)
12:25 p.m. 19. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
12:35 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less
time, the Board will move forward until the agenda is completed.
2
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
12:05 p.m. 1. Non-Agenda Items (limit three minutes)
12: 10 p.m. 2. Approval of Minutes 205
12: 15 p.m. 3. Consideration ofInterlocal Agreement, Water and Sewer Authority 207
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 7
2. Adoption of State Road Resolutions 9
3. A ward of Request for Proposals (RFP) 08-0098R and Contract 08-0098R to 13
Interim HealthCare of the Eastern Carolinas, Inc. to Provide In-Home Aide
Services
4. Adoption of Resolution Declaring New Hanover County's Intent to Reimburse 17
Itselfwith Financing Proceeds and Ordinance for Associated Budget Amendment
08-090
5. Approval of Tip Fee Changes 21
6. Approval to Transfer a Program Assistant Position to Access III of the Lower 25
Cape Fear, Inc. and Adoption of Ordinance for Budget Amendment 08-092
7. Approval to Submit a North Carolina Asthma Program Grant Application 29
8. Acceptance of 2007 Grant A ward from the Office of Justice Programs for the 31
Purchase of Bulletproof Vests and Adoption or Ordinance for Budget
Amendment 08-088
9. Approval of Release of Tax Value 37
10. Adoption of Ordinances for Budget Amendments: 39
08-072 Health Department
08-085 Criminal Justice Partnership Program
08-086 Department of Social Services
08-087 Health Department
08-089 Sheriff s Office
2008-56 Sheriffs Office
2008-57 Sheriffs Office
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: William A. Caster
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Board of Equalization and Review meeting held on October 30, 2007
Regular Session meeting held on November 5, 2007
Closed Session meeting held on November 5, 2007
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes as presented.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 2 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
BRIEF SUMMARY:
NCDOT is considering the addition of these roads and requesting the Board to adopt resolutions in support of adding the
roads:
Alamosa Dr., Bloomsbury Ct., Bradfield Ct., Hydon Ct., Barnsley Ct., Grayswood Ct., Ivergordon Ct., Brodock Ct., Oban Ct.,
Tenby Ct., Hawes Ct., Sapling Circle, Wrexham Ct., Lemming Ct., Ashby Dr., Larne Ct., and Newry Lane in Alamosa Place
Subdivision sections (2, 2A, 3, 3A, 3B and 3C) (Div. File No: 11 03-N)
Yellow Bell Rd., Weimaraner Ct., Dog Whistle Lane, and Retriever Drive in Quail Woods Subdivision (section 16) (Div. File
No: 1097 -N)
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt standard SR-2 resolutions.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
1ft
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NCDOT LeUers,pdf
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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STATE OF NORlH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DMSION OF HlGHW AYS L YNDO TIPPETT
GoVERNOR SECRETARY
October 22, 2007
Ms. Sheila Schult, Clerk to the Board
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, NC 28403
Subject: Proposed Addition to the State System of Highways
Dear Ms. Schult:
This office is considering the addition of Alamosa Dr., Bloomsbury Ct., Bradfield Ct., Hydon
Ct., Barnsley Ct., Grayswood Ct., Ivergordon Ct., Brodock Ct., Oban Ct., Tenby Ct., Hawes
Ct., Sapling Circle, Wrexham Ct., Lemming Ct., Ashby Dr., Lame Ct. and Newey Lane in
Atamosa Place Subdivision sections (2, 2A, 3, 3A, 3B and 3C) in New Hanover County (Div.
File No. 1103-N) to the state system. After the Board's consideration please furnish this office
with the current county resolution and official road names for our further handling.
Ifwe may be of further assistance, please call John Diaz at 910.251.2655.
A WL:jdd
Attachments:
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300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251-2655 Fax: (910) 251-2759
10
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STATE OF NORlH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DMSION OF HIGHWAYS L YNDO TIPPETT
GoVERNOR SECRETARY
October 30, 2007 __'_'_~__' w _" .-- .,- -- " ....;'
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Ms. Sheila Schult, Clerk to the Board \rul NOV - 5 2001. (\~
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, NC 28403 wrw lI~Ml'\\'ro rf'
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Subject: Proposed Addition to the State System of Highways
Dear Ms. Schult:
This office is considering the addition of Yellow Bell Rd., Weimaranier Ct., Dog Whistle Lane
and Retriever Drive in Quail Woods Subdivision (section 16) in New Hanover County (Div.
File No. 1097-N) to the state system. After the Board's consideration please furnish this office
with the current county resolution and official road names for our further handling.
Ifwe may be of further assistance, please call John Diaz at (910-251-2655).
Sincerely, t
O:aw
District Engineer
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Attachments:
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300 Division Drive, Wilmington, N.C. 28401 Tel: (910)251-2655 Fax; (910)251-2759
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 3 Estimated Time: Page Number:
Department: Aging Presenter: Avril Pinder
Contacts: Annette Crumpton, Lena Butler
SUBJECT:
Award of Request for Proposals (RFP) # 08-0098R and Contract # 08-0098R to Interim HealthCare of the Eastern
Carolinas, Inc. to Provide In-Home Aide Services
BRIEF SUMMARY:
The County re-advertised in the legal section of Star News on Friday, October 19, 2007 requesting proposals to provide In-
Home Aide Services for the Department of Aging. Sealed proposals were accepted until 1 :00 PM, Wednesday, October 31,
2007, at which time bids were publicly opened and read aloud. As with the original bid, the same two bidders responded to
the request, HealthMate and Interim HealthCare. HealthMate's bid proposal contained a calculation error and was
disqualified by the committee. Interim HealthCare, remains the only responsible bidder; their proposal results are listed
below:
BIDDER'S NAME HEAL THMATE INTERIM HEAL THCARE
DISQUALI FI ED
LEVEL I - NUMBER OF CLIENTS 10
LEVEL 1- NUMBER OF UNITS OF SERVICE 1,200
LEVEL 1- SERVICE UNIT COST $16.3983
LEVEL I - EXTENDED PRICE $19,678
LEVEL 11- NUMBER OF CLIENTS 37
LEVEL 11- NUMBER OF UNITS OF SERVICE 4803
LEVEL 11- SERVICE UNIT COST $16.7604
LEVEL II - EXTENDED PRICE $80,500
LEVEL 111- NUMBER OF CLIENTS 36
LEVEL 111- NUMBER OF UNITS OF SERVICE 4,638
LEVEL 111- SERVICE UNIT COST $16.9709
LEVEL 111- EXTENDED PRICE $78,711
TOTAL EXTENDED PRICE FOR ALL LEVELS $178,889
The In-Home Aide program is funded by the Home and Community Care Block Grant (HCCBG). The Federal and State
funds available for the contract through June 30, 2008 were estimated to be $161,000 and the 10% in-kind match required
to be provided by the bidders was $17,889. Bidders were instructed to use the total amount of $178,889 which included
total Federal and State funds plus the 10% match to complete their bid proposals.
Immediately following the bid opening, the Department of Aging (HCCBG) Advisory Committee evaluated the two bids
received. During the evaluation, it was discovered that HealthMate had an error in the extended price of their Levell
services. This error caused their bid to be disqualified.
The HCCBG Committee unanimously agrees and recommends that the bid be awarded to Interim HealthCare of the
Eastern Carolinas, Inc., the only responsible bidder.
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RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution awarding RFP # 08-0098R and Contract # 08-0098R to HealthCare of the Eastern Carolinas, Inc., at the
unit cost of $16.3983 for Levell care, $16.7604 for Level II care, and $16.9709 for Level III care, and authorize the County
Manager to execute the contract. Funds were included in the FY07-08 Aging budget.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Funds are budgeted in the FY07-08 adopted budget. Federal and State funds available for the initial contract
period through June 30, 2008 are estimated to be $161,000. The provider is required to provide a 10% in-kind match. The
bid proposal was based on $178,889; however, the provider will only be reimbursed 90% of the total service unit cost.
ATTACHMENTS:
~
R esolulion-I n-H orne Aide Services. doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after re-advertisement, bids were received and publicly opened by the
Purchasing Agent at 1 :00 PM on Wednesday, October 31, 2007; and
WHEREAS, as with the original bid, the same two bidders responded to the request,
HealthMate and Interim HealthCare; and
WHEREAS, HealthMate's bid proposal contained a calculation error and was disqualified by
the committee. Interim HealthCare, the only responsible bidder; proposal results are listed below:
BIDDER'S NAME HEALTHMATE INTERIM HEALTHCARE
DISQUALIFIED
LEVEL I - NUMBER OF CLIENTS 10
LEVEL I - NUMBER OF UNITS OF 1,200
SERVICE
LEVEL I - SERVICE UNIT COST $16.3983
LEVEL I EXTENDED PRICE $19,678
LEVEL II - NUMBER OF CLIENTS 37
LEVEL II NUMBER OF UNITS OF 4,803
SERVICE
LEVEL II - SERVICE UNIT COST $16.7604
LEVEL II - EXTENDED PRICE $80,500
LEVEL II I NUMBER OF CLIENTS 36
LEVEL II I NUMBER OF UNITS OF 4,638
SERVICE
LEVEL I II SERVICE UNIT COST $16.9709
LEVEL I II EXTENDED PRICE $78,711
TOTAL EXTENDED PRICE FOR ALL LEVELS $178,889
WHEREAS, the Advisory Committee unanimously agrees and recommends that the bid be
awarded to Interim HealthCare of the Eastern Carolinas, Inc., the only responsible bidder; and
WHEREAS, funds are available in account 11068450 700000 G0006 to satisfy the
requirements of this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the contract for In-Home Aide Services for the Department of Aging, RFP #
08-0098R be awarded to Interim HealthCare of the Eastern Carolinas, Inc. and that the County is
hereby authorized and directed to execute the contract, contract form to be approved by the County
Attorney.
Adopted this 19th day of November, 2007.
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 4 Estimated Time: Page Number:
Department: Environmental Management Presenters: John Hubbard, Avril Pinder
Contacts: Sam Hawes, Lena Butler
SUBJECT:
Adoption of Resolution Declaring New Hanover County's Intent to Reimburse Itself with Financing Proceeds and
Ordinance for Associated Budget Amendment 08-090
BRIEF SUMMARY:
The Landfill requested to purchase a front end loader in the budget for this fiscal year. The request was approved to
purchase the equipment through a lease-purchase agreement. The front end loader was estimated to cost $185,000 and
funds were appropriated in the budget for the lease payments. The actual cost of the front end loader is $143,970.
The County intends to reimburse itself for certain capital expenditures related to the aforementioned equipment financing.
A resolution declaring this intent is attached for the Board's approval. A budget amendment has also been prepared and is
for accounting purposes to record and budget the financing proceeds.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution and ordinance for the associated budget amendment 08-090.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
Reimbursement Declaralion. New Hanover County.doc 08.090 1 l.5-D7. doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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RESOLUTION
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
DECLARATION OF OFFICIAL INTENT
TO REIMBURSE EXPENDITURES
In connection with the purchase of a front end loader for the Landfill. the Board of
Commissioners for New Hanover County (the "Board of Commissioners"), and on behalf of the
County, DO HEREBY DECLARE as follows:
1. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from the
proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the
County.
2. The County desires to expend its own funds for the purpose of paying certain costs of
acquiring the front end loader to be used at the landfill by the County, for which expenditures the
County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the
County.
3. $143,970 is the principal amount of debt expected to be incurred for the purpose of
paying the costs for the purchase of the front end loader.
4. This resolution shall take effect immediately upon its passage.
This 19th day of November 2007.
William A. Caster, Chairman
ATTEST:
Sheila 1. Schult, Clerk to the Board
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AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-090
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-090 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Environmental Management
Department: Environmental Manae:ement/Landfill
Exvenditure: Decrease Increase
Landfill:
Capital Outlay - Equipment $143,970
Total $143,970
Revenue: Decrease Increase
Landfill:
Installment Loan Proceeds $143,970
Total $143,970
Section 2: Explanation
In the adopted FY 07-08 budget, the Board approved the purchase of a Landfill Front End Loader by
financing through a lease purchase agreement. The equipment was estimated to cost $185,000 and the
installment lease payments were budgeted in the appropriate account for FY 07-08. The actual cost of the
equipment is $143,970. This budget amendment is only a book entry necessary to record the revenue and
expenditure. The installment financing agreement will be brought back at a later date for approval.
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 08-090 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 5 Estimated Time: Page Number:
Department: Environmental Management Presenter: John Hubbard
Contact: Lynn Bestul
SUBJECT:
Approval of Tip Fee Changes
BRIEF SUMMARY:
Effective January 1,2008, an ABC legislation (HB-1518) takes effect causing restaurants and bars to recycle all glass
bottles. The estimate for the downtown section of Wilmington is an additional 10-12 tons of glass per week. With the
number of facilities affected by the legislation within New Hanover County, this figure could have the potential of reaching
over 100 tons per month.
Currently cardboard has a tip fee of $24 per ton. This commodity is one that the DEM Recycling staff sorts and bales for
market. Cardboard is a commodity that has a cash value to NHC (around $100 per ton is the average). By eliminating the
tip fee, there is potential of increasing the amount of cardboard delivered to the facility by businesses. Glass is an expense
(approximately $21 per ton) to NHC to have recycled if the colors are mixed. In an effort to cover the costs of shipping the
mixed colored glass, we are requesting approval to add a tip fee of $18 per ton for mixed glass. Clear and brown glass
have a small cash value (between $7 - $15 per ton) when recycled, so we would like to keep the sorted glass without a tip
fee.
The request is to add a tip fee for mixed colored glass of $18 per ton, since mixed glass is an expense to New Hanover
County, and to eliminate the $24 per ton tip fee on cardboard, since cardboard brings in revenue.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider recommended tip fee changes.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Preliminary estimates suggest that with the elimination of the $24/ton tipping fee an additional 500 - 1,850
tons of cardboard would be recycled / year resulting in $50,000 - $185,000 in additional revenue.
ATTACHMENTS:
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ABC HB 1518,pdf
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
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COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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SL200S-0348
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LA W 2005-348
HOUSE BILL 1518
AN ACT to require holders of certain Abc permits to recycle all recyclable containers
of all beverages sold at retail on the premises AND TO PROHIBIT THE DISPOSAL
OF THOSE CONTAINERS IN LANDFILLS OR BY INCINERATION.
The General Assembly of North Carolina enacts:
SECTION 1. Article 10 of Chapter 18B of the General Statutes is amended by adding a
new section to read:
"~ 18B.I006.1. Additional requirement for certain permittees to recycle
beverage containers.
Holders of on-premises malt beverage permits, on-premises unfortified wine permits,
on-premises fortified wine permits, and mixed beverages permits shall separate, store, and
provide for the collection for recycling of all recyclable beverage containers of all
beverages sold at retail on the premises. A permittee has satisfied the requirements of this
subsection if it implements a recycling program that meets the minimum standards of the
model recycling program developed by the Commission pursuant to G.S. 130A-309.14
(m)."
SECTION 2. G.S. 130A-309.14 is amended by adding a new subsection to read:
"(m) The Alcoholic Beverage Control Commission, with the assistance of the
Department, shall develop a model recycling program for holders of on-premises malt
beverage permits, on-premises unfortified wine permits, on-premises fortified wine
permits, and mixed beverages permits under G.S. 18B-1001 that are required to recycle
beverage containers under G.S. 18B-1006.1. The model program shall provide for the
separation, storage, and collection for recycling of all beverage containers that are
required to be recycled under G.S. 18B-1006.1 and shall provide alternatives that reflect
variations in local circumstances across the State. The Alcoholic Beverage Control
Commission may adopt rules to comply with this section."
SECTION 3. Subsections (f) and (fl) ofG.S. 130A-309.10 read as rewritten:
"(f) No person shall knowingly dispose of the following solid wastes in landfills:
(1) Repealed by Session Laws 1991, c. 375, s. 1.
(2) Used oil.
(3) Yard trash, except in landfills approved for the disposal of yard trash
under rules adopted by the Commission. Yard trash that is source separated
http://www.ncleg.netlSessionsl2005/BilIslHouselHTML/HISI8v5.html (1 of2)2/1/2006 3:53:34 PM
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SL2005-0348
from solid waste may be accepted at a solid waste disposal area where the
area provides and maintains separate yard trash composting facilities.
(4) White goods.
(5) Antifreeze (ethylene glycol).
(6) Aluminum cans.
(7) Whole scrap tires, as provided in G.S. 130A-309.58(b). The
prohibition against landfilling The prohibition of the disposal of whole
scrap tires in landfills applies to all whole pneumatic rubber coverings, but
does not apply to whole solid rubber coverings.
(8) Lead-acid batteries, as provided in G.S. 130A-309.70.
{2} Beverage containers that are required to be recycled under G.
S. 18B-I006.1.
(fl) No person shall knowingly dispose of the following solid wastes by incineration in
an incinerator for which a permit is required under this Article:
(I) Antifreeze (ethylene glycol) used solely in motor vehicles.
(2) Aluminum cans.
(3) Repealed by Session Laws 1995 (Regular Session, 1996), c. 594, s.
17.
(4) White goods.
(5) Lead-acid batteries, as provided in G.S. 130A-309.70.
(Q} Beverage containers that are required to be recycled under G.
S.18B-I006.1."
SECTION 4. This act becomes effective January 1,2008.
In the General Assembly read three times and ratified this the 23rd day of August, 2005.
sf Beverly E. Perdue
President of the Senate
sf James B. Black
Speaker of the House of Representatives
sf Michael F. Easley
Governor
Approved I :26 p.m. this 7th day of September, 2005
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 6 Estimated Time: Page Number:
Department: Health Presenter: Janet McCumbee, Personal Health Services Manager
Contact: Janet McCumbee
SUBJECT:
Approval to Transfer a Program Assistant Position to Access III of the Lower Cape Fear, Inc.
BRIEF SUMMARY:
Access III of the Lower Cape Fear, Inc. has requested we transfer the Program Assistant Position (working title-Health
Check Coordinator) from the Health Department to their agency. This arrangement would be a good fit for their agency and
mission, and the position would continue with the same job duties. The position would continue to work with our staff and
clients, while being employed by Access III. This arrangement has been approved by the Division of Medical Assistance
(DMA), the current funding source for the position.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
To accept and approve the transfer of the Program Assistant Position (Health Check Coordinator) from the Health
Department to Access III, and to approve the budget amendment related to deleting the position (revenue and
expenditures).
Funding Source: DMA
FUNDING SOURCE:
Will above action result in: Position(s) Modification Or Change Number of Positions:
Explanation: Delete the Program Assistant Position (Budget # 110-61450)
ATTACHMENTS:
Letter from Access III of the Lower Cape Fear, Inc.
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HCC pO$ilion -reque$l to lramfeuU 08.0'32 11-6.07. doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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October 17, 2007
David Rice
Health Director
2029 South 17th Street
Wilmington, NC 28401
Dear Mr. Rice,
Access III ofthe Lower Cape Fear, Inc., would like to request the transfer ofthe Health
Check Coordinator position from the Health Department to our agency. We realize that
this is a sizable request and only make the suggestion out of our hope to maximize the
effectiveness of the position in serving the needs of the community.
As you know, the North Carolina Department of Health and Human Services has
contracted with Access III of the Lower Cape Fear to manage the care of the Carolina
Access Medicaid and Health Choice populations in our six county region. Our duties
focus on linking patients with a Medical Home, reducing emergency room use, and
managing chronic illnesses such as diabetes, asthma, COPD, and heart failure.
Our Case Mangers currently work very closely with all of the Health Check
Coordinators on reducing the number of children who utilize the Emergency Room for
their primary care needs. Each morning we receive a list of Medicaid patients who have
been in the Emergency Room and work closely with the Health Check Coordinators to
contact those patients and redirect them to their Medical Home. In addition, the Health
Check Coordinators and Access III Case Managers work closely together, and with our
medical providers, to ensure that patients receive the appropriate health check
screenings, follow up appointments, and to counsel patients against missing
appointments.
Access III ofthe Lower Cape Fear is now also hosting Cape Fear HealthNet, which is an
effort to create a system of care, including case management, for the poor and
uninsured in Brunswick and New Hanover Counties. Our vision is to link as many
uninsured as possible to Medicaid or Health Choice. Those who do not qualify will be
linked to a Medical Home at one of the safety net agencies and will receive case
management services and pharmaceutical assistance.
Our vision is to utilize the Health Check Coordinator position as it is currently utilized at
the Health Department: to help families get their children to well check-ups, keep
patients from utilizing the Emergency Room as their medical home, and link patients
with Medicaid. We would continue to make the Coordinator available for Medicaid
outreach at the Health Department, the school mental health programs, and the dental
van programs. In addition, we hope to better coordinate the position with our case
managers so that families can be prompted about critical health appointments for
26
children with asthma, diabetes, or other chronic or critical health problems. We would
also like to integrate the position with some of our outreach efforts to get uninsured
children linked to Medicaid or Health Choice.
In short, we are committed to continuing to utilize the Health Check position for all the
appropriate functions outlined by the Division of Medical Assistance and to continue the
outreach efforts as they have been occurring at the Health Department. We would
simply like to expand the role to better serve the needs of chronically ill and to make
best use of the synergy that we believe possible between the work of the Health Check
Coordinator and our Case Managers.
Moving the position will also assist the Health Department by eliminating your financial
liability for the unfunded aspects of the program. Access III of the Lower Cape Fear
intends to accept DMA funding for the position and to make up any unfunded expenses,
while continuing to support the Health Department's outreach efforts.
I hope that you will look favorably upon this request. Please feel free to contact me with
any questions. I am also available to discuss with your Executive Committee on
October 30th and/or with the Board of Health when it meets on November 7th.
Thank you very much for your consideration of this matter.
Best regards,
Lydia F. Newman
Executive Director
27
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-092
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-092 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health
Exnenditure: Decrease Increase
Health Check:
Salaries $17,359
FICA 1,361
Retirement 846
Medical 4,148
Long Term Disability 49
Contracted Services $32
Cellular Expense 104
Supplies 1,102
Employee Reimbursement 500
Training and Travel 575
Child Health:
M&R Buildings and Grounds 6,297
Total $26,044 $6,329
Revenue: Decrease Increase
Child Health:
Title XIX Fees Maximization $6,297
Health Check:
State Division of Medical Assistance $19,715
Title XIX Fees Maximization 6,297
Total $26,012 $6,297
Section 2: Explanation
To reduce revenue and expenditures to eliminate the Health Check program Assistant position when it is
transferred from the Health Department.
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 08-092 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
28
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 7 Estimated Time: Page Number:
Department: Health Presenter: Scott Harrelson, Deputy Health Director
Contact: Scott Harrelson
SUBJECT:
Approval to Submit a North Carolina Asthma Program Grant Application
BRIEF SUMMARY:
The North Carolina Asthma Program seeks to reduce the burden of asthma. Funding will be used to promote the smoke
free initiative, NC Smoke Free Dining Campaign, which will include the NC Restaurant Heart Health Survey, promotion of
smoke-free dining decals, certificates and other activities designed to raise program awareness. The Air Quality Flag
Program will also be utilized to increase the community's awareness of the Air Quality Index and air quality forecasts. These
programs will be implemented to enhance the local asthma efforts in New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
To accept and approve North Carolina Asthma Program grant application for $18,000 to promote smoke free and air quality
initiatives in New Hanover County.
Funding Source: North Carolina Department of Health and Human Services Asthma Program. No County matching funds
are required. Program will be discontinued once funds are expended.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: A portion of the grant funds will go toward the salary of our Project Assist Coordinator. This will enable us to
transfer current salary funds for the Project Assist Coordinator into much needed operating funds for Project Assist.
ATTACHMENTS:
Asthma Program Budget Summary Sheet
~
.......,
- --
Asthma Program Budget Summary Sheet.doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
29
North Carolina Asthma Program Budget
Budl!et Catel!orv Amount Reouested
A. Salary budget to project $5000.00
.10 FTE From January 1,
2008-August 31,2008
(A portion of the grant funds will go
toward the salary of our Project Assist
Coordinator. This will enable us to
transfer current salary funds for the
Project Assist Coordinator into much
needed operating funds for Project Assist.)
B. Training $2000.00
Air Quality Flag program
regional training
One training and/or workshop is
planned for the region
C. Educational Materials and $9,000.00
Resources
Media Campaign for smoke free
restaurants, smoke free billboard
at Sharks stadium, restaurant
certificates and decals- air quality
flags and brochures
D. Travel $1,000.00
Project Coordinator's travel
across the region, kick off
workshop, regional meetings and
planned workshops
E. Supplies $1,000.00
General Office Supplies such as
binders, pen and other supplies for
regional training and workshops
F. Total $18,000.00
30
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 8 Estimated Time: Page Number:
Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff
Contact: Sidney A. Causey, Sheriff
SUBJECT:
Acceptance of 2007 Grant Award from the Office of Justice Programs for the Purchase of Bulletproof Vests
BRIEF SUMMARY:
The Sheriff's Office has been awarded a 2007 grant in the amount of $39,910.18 from the Office of Justice Programs for
purchase of bulletproof vests. This is a 50-50 grant with a local match of $39,910.18. The Sheriff respectfully requests that
General Fund Contingency funds be used for the local match requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend acceptance of the grant and approval of the associated budget amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: $39,910.18 federal
$39,910.18 local match, requested from GF Contingency funds
ATTACHMENTS:
~
Award Documentation 08.088 11-6.07. doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
31
Congressional BVP Funding Number of
Slate Jurisdiction Name City District Amount Vests
NC GASTON COUNTY GASTONIA 9 $ 3,379.06 28
NC GASTONIA CITY GASTONIA 9 $ 15,320.50 50
NC GRAHAM CITY GRAHAM .6 $ 3,13840 10
NC GREENE COUNTY SNOW HILL .1 $ 10,150.00 28
NC GUILFORD COUNTY GREENS80RO 13 $ 4,874,74 30
NC HALIFAX COUNTY HALIFAX ' , 1 $ 3,210.00 10
NC HA Y'MJOD COUNTY WAYNESVILLE 11 $ 495.00 2
NC HENDERSON CITY HENDERSON 1 $ 3,498.00 12
NC HENDERSONVlLLE CITY HENDERSONVILLE 11 $ 2,925,00 10
NC HICKORY CITY HICKORY 10 $ 9,007,00 24
NC HOPE MILLS TOVIN HOPE MILLS 8 $ 2,450.00 7
NC HUNTERSVILLE TOWN HUNTERSVILLE 9 $ 5,249.97 22
NC IREDELL COUNTY STATESVILLE 5 $ 2,765.21 30
NC JACKSONVILLE CITY JACKSONVILLE 3 $ 8,773.00 14
NC KANNAPOLlS CITY KANNAPOLlS 8 $ 4,237,50 15
NC KERNERSVILLE TOWN KERNERSVlLLE 5 $ 2,450,00 7
NC KlNSTON CITY KlNSTON 1 $ 4,900,00 11
NC LANDIS TOWN LANOIS 6 $ 3,900.00 11
NC LELAND TOWN LELAND 7 $ 1,685,00 6
NC LENOIR CITY LENOIR 10 $ 2,321.82 10
NC LEXINGTON CITY LEXINGTON 12 $ 3,830.98 13
NC LINCOLN COUNTY L1NCOLNTON 10 $ 27,000,00 60
NC LONG 8EACH TOWN OAK ISLAND 7 $ 1,968,51 6
NC LUMBERTON CITY LUM8ERTON 7 $ 2,775,00 15
NC MARION CITY MARION 11 $ 996.50 3
NC MARSHALL TOWN MARSHALL 11 $ 1,500,00 5
NC MARTIN COUNTY WILLlAMSTON 1 $ 1,960,00 8
NC MITCHELL COUNTY 8AKERSVILLE 10 $ 756.45 6
NC MONROE CITY MONROE 8 $ 4,199.63 15
NC MONTGOMERY COUNTY TROY 8 $ 16,500.00 48
NC MOORE COUNTY CARTHAGE 6 $ 6,640,00 16
NC MOUNT AIRY CITY MOUNT AIRY 5 $ 1,966,34 6
NC MOUNT HOLLY CITY MOUNT HaLLY 9 $ 2,699.21 11
NC NEW 8ERN CITY NEW 8ERN 1 $ 6 042.OQ 20
"''' N"W HANOVER CO NTY WILMINGTON 71h 39.910,18 300
NC NEWLAND TOWN NEWLAND 10 $ 378.00 2
NC NEWTON CITY NEWTON 10 $ 1,237.73 5
NC NORTH CAROLINA RALEIGH All Dislncls $ 65,055,10 580
NC NORTH TOPSAIL 8EACH TOWN NORTH TOPSAIL 8EACH 3 $ 1,300,00 4
NC ONSLOW COUNTY JACKSONVILLE 3 $ 8,514.17 128
NC ORANGE COUNTY HILLS80ROUGH 4 $ 2,304,34 30
NC OXFORD CITY OXFORD 1 $ 2,375.00 8
NC PERSON COUNTY ROX80RO 13 $ 7,930.00 26
NC PILOT MOUNTAIN TOWN PILOT MOUNTAIN 5 $ 3,42664 11
NC PiNEVILLE TOWN PINEVlLLE 9 $ 3,254,27 12
NC PITT COUNTY GREENVILLE 1 $ 1,192.55 10
"'C POLK COUNTY COLUM8US 11 $ 5,200.00 13
NC RALEIGH CITY RALEIGH 13 $ 24,981.78 210
NC RDU AIRPORT AUTHORITY RDU AIRPORT 13 $ 1,350.00 6
NC REiDSVlLLE CITY REIDSVlLLE 13 $ 6.336.00 18
NC RICHLANDS TOWN RICHLANDS 3 $ 2.009.85 6
NC ROANOKE RAPIDS CITY ROANOKE RAPIDS 1 $ 1,130.00 5
NC ROBESON COUNTY LUMBERTON 7 $ 10,14364 100
NC ROCKINGHAM CITY ROCKINGHAM 8 $ 2,687.50 10
NC ROCKY MOUNT CITY ROCKY MOUNT 1 $ 5,129.00 20
NC ROWAN COUNTY SALlS8URY 12 $ 3,998.62 44
NC SANFORD CITY SANFORD 2 $ 8.433,00 25
NC SHEL8Y SHEL8Y 10 $ 8,124,85 31
NC SILER CITY TOWN SILER CITY 2 $ 2,000,00 7
NC SPENCER TOWN SPENCER 12 $ 1.218.20 4
NC ST A TESVILLE CITY ST A TESVlLLE 5 $ 4.495,00 14
NC STOKES COUNTY DAN8URY 5 $ 1,387.50 5
NC STONEVILLE TOWN STONEVlLLE 13 $ 1,849,98 4
NC SURRY COUNTY D08S0N 5 $ 3,712.50 15
NC THOMASVlLLE CITY THOMASVILLE 12 $ 2,360.00 8
NC TRANSYLVANIA COUNTY 8REVARD 11 $ 7,075.00 21
NC VANCE COUNTY HENDERSON 1 $ 4,761.50 16
NC VASS TOWN VASS 6 $ 1,307.67 4
32
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Bulletproof Vest Partnership
PROGRAM FACT SHEET
History
The Bulletproof Vest Partnership (BVP), created by the Bulletproof Vest Partnership Grant Act of 1998
(Public Law 105-181) and reauthorized by the BVP Act of 2000 (Public Law 106-517), is a unique U.S.
Department of Justice initiative designed to provide a critical resource to state and local law enforcement
Since 1999, over 11,500 jurisdictions have participated in the BVP Program, with $118 million in federal
funds committed to support the purchase of an estimated 450.000 vests. The Office of Justice Programs'
Bureau of Justice Assistance (BJA) administers the BVP Program.
Eligibility
Eligible jurisdictions include general purpose units of local government such as cities, counties, parishes, and
municipalities; federally recognized Indian Tribes; the 50 states; the District of Columbia; American Samoa;
Guam; the Northern Mariana Islands; Puerto Rico; and the U.S. Virgin Islands.
Eligible law enforcement officers for BVP Program purposes include police officers; sheriff deputies;
correctional officers; parole and probation agents; prosecutors; and judicial officials.
Funding
BVP funds up to 50 percent of the cost of each vest purchased or replaced by law enforcement applicants.
Only vest models that comply with the requirements of the Office of Justice Programs' National Institute of
Justice (NIJ) may be purchased with BVP Program funds.
The BVP Act of 1998 requires that at least half of all appropriated funds support applications from
jurisdictions with populations under 100,000 people. When the BVP Program was reauthorized for an
additional three years (FY 2002 - 2004), a new allocation principle required funding the full 50 percent of
requested vest needs for applications from jurisdictions under 100,000, with any remaining funds available
for applications from jurisdictions over 100,000 people.
Vest Selection
In November 2003, Attorney General John Ashcroft announced a Body Armor Safety Initiative in response to
the failure of a bullet-resistant vest worn by a police officer in Pennsylvania. NIJ was directed to initiate an
examination of Zylon@-based bullet-resistant vests (both new and used) and to review the existing program
by which bullet-resistant vests are tested to determine if the program needs modification.
Having completed its latest phase of ballistic and mechanical properties testing, NIJ has determined that
used Zylon@ - containing vests may not provide the intended level of ballistic resistance. In response to this
determination, NIJ has issued a body armor standard advisory notice concerning Zylon@ , and has issued
new interim requirements for its body armor compliance testing program that will become effective on
September 26, 2005. Until the effective date of the interim requirements. jurisdictions that participate in the
Bulletproof Vest Partnership Program Fact Sheet
33
BVP program will be ineligible to receive payment for new orders placed for any body armor vest that
contains Zylon@.
A list of vest models that comply with the NIJ interim requirements will be maintained at:
http://www.iustnet.orQ.
Additional Funds for FY 2005
Pursuant to the FY 2005 Department of Justice Appropriations Act, $23.6 million was made available for the
purchase of vests through the annual BVP Program application process. Further to the Body Armor Safety
Initiative, to better meet the vest replacement needs of America's law enforcement agencies this year,
Attorney General Alberto Gonzales will make an additional $10 million available immediately. This additional
funding will be available through a special BVP solicitation that will open on August 24, 2005 and close on
September 22, 2005.
How to Apply
The entire BVP application and payment process occurs online at https:/Ivests.oip.Qov.
Related Links
FY 2005 BVP Payments
Contact
Linda Hammond-Deckard, Program Manager
Bureau of Justice Assistance
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW
Washington, DC 20531
1-877-758-3787
Linda. Hammond-Deckard@usdoi.Qov
Bulletproof Vest Partnership Program Fact Sheet
34
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-088
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-088 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff/N on-Departmental
Exnenditure: Decrease Increase
Patrol:
Uniforms $79,822
Non- Departmental:
Contingencies $39,911
Total $39 911 $79,822
Revenue: Decrease Increase
Patrol:
Office of Justice Grant $39,911
Total $39,911
Section 2: Explanation
To budget a 2007 grant award of $39,910.18 from the Office ofJustice Programs and the required match of
$39,910.18 for purchase of bulletproof vests for Sheriff's Office Law Enforcement personnel. With
approval of this budget amendment, the amount in Contingency will be $372,678.
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 08-088 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
35
This page intentionally left blank.
36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 9 Estimated Time: Page Number:
Department: TAX Presenter: Bob Glasgow
Contact: Bob Glasgow
Item Does Not Require Review
SUBJECT:
Approval of Release of Tax Value
BRIEF SUMMARY:
Request the following taxpayers be granted the Senior Citizen/Disability Exclusion (applications and letters explaining late
filing available upon request):
Airheart, Lynn C. John Michael $81,760
Capone, Mary C 83,985
Franks, Harrell 97,398
Grathwol, Margaret R. 93,559
Mills, John H. 20,000
Wallace, E M Etux. 59,718
Wiggins, Otis K Jeanean Etal 63,234
Request the following late list penalty be released as this is the taxpayer's first offense:
Christopher F H $3.60
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval as this type of releases have been approved in the past.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
37
This page intentionally left blank.
38
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Consent Item #: 10 Estimated Time: Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2008:
08-072 - Health Department
08-085 - Criminal Justice Partnership Program
08-086 - Department of Social Services
08-087 - Health Department
08-089 - Sheriff's Office
2008-56 - Sheriff's Office
2008-57 - Sheriff's Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of ordinances for the budget amendments listed in the summary above.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008.
ATTACHMENTS:
~ ~ ~ ~ ~ ~
08.072 11-2.07.doc 08.08510.25-D7,doc 08.08611.2-D7.doc 08.087 11-6.07. doc 08.089 11 .6.07. doc 2008.5611.2.07.doc
~
2008.5711.2.07.doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
39
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-072
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-072 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Community Health
Exnenditure: Decrease Increase
Community Health:
Contracted Services $650
Total $650
Revenue: Decrease Increase
Community Health:
Cape Fear Memorial Foundation $650
Total $650
Section 2: Explanation
To budget additional funds awarded by the Cape Fear Memorial Foundation to continue the Living Well
publication through the remainder of 2007. The grant application was approved by the Board on 5/7/2007.
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 08-072 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
40
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-085
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-085 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Criminal Justice Partnership Program
Exnenditure: Decrease Increase
Criminal Justice Partnership Program:
Contracted Services $6,456
Total $6,456
Revenue: Decrease Increase
Criminal Justice Partnership Program:
CJPP Grant $6,456
Total $6,456
Section 2: Explanation
To increase budget for additional allocation awarded to New Hanover County.
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 08-085 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
41
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-086
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-086 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Social Services/Child Day Care
Exnenditure: Decrease Increase
Child Dav Care:
Dav Care Services $905,201
Total $905,201
Revenue: Decrease Increase
Child Day Care:
Office of Day Care - Federal and State $905,201
Total $905,201
Section 2: Explanation
To budget increased funding to State Day Care Subsidy programs. No additional County monies are
required.
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 08-086 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
42
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-087
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-087 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Healthy Carolinians
Exnenditure: Decrease Increase
Healthv Carolinians:
Contracted Services $12,048
Total $12,048
Revenue: Decrease Increase
Healthy Carolinians:
Healthy Carolinians Grant $12,048
Total $12,048
Section 2: Explanation
The New Hanover County Health Department has been awarded $12,048 from the North Carolina
Department of Health and Human Services Healthy Carolinian's Division to support the infrastructure of
the local Healthy Carolinians task force. Cape Fear Healthy Carolinians is a certified task force serving
Brunswick and New Hanover Counties. The task force is dedicated to improving the quality oflife for all
residents by supporting health education and awareness and promoting resource accessibility. The
application for this grant was approved at the 10/15/2007 County Commissioners meeting. This funding
will be used for one contracted Healthy Carolinians Program Assistant. (This will not be a new position.)
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 08-087 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
43
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-089
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-089 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff/Detention
Exnenditure: Decrease Increase
Detention:
Contracted Services $ 946
Supplies 4,615
Total $5,561
Revenue: Decrease Increase
Detention:
State Criminal Assistance Program $5,561
Total $5,561
Section 2: Explanation
To budget supplemental grant funding from the State Criminal Alien Assistance Program (SCAAP). SCAAP
provides federal payment to states and localities that incurred correctional officer salary costs for
incarcerating undocumented criminal aliens with at least one felon or two misdemeanor convictions for
violations of state or local law .
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 08-089 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
44
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-56
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2008-56 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriff's Office
Exnenditure: Decrease Increase
Controlled Substance Tax:
Supplies $3,386
Total $3,386
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $3,386
Total $3,386
Section 2: Explanation
To budget Controlled Substance Tax receipt for 10/18/2007. 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 2008-56 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
45
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-57
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2008-57 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriff's Office
Exnenditure: Decrease Increase
Federal Forfeited Property:
Supplies $7,000
Total $7,000
Revenue: Decrease Increase
Federal Forfeited Property:
Federal Forfeited Property $7,000
Total $7,000
Section 2: Explanation
To budget Federal Forfeited Property receipt for 10/23/2007. Federal Forfeited Property 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 2008-57 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
46
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
9:10 a.m. 1. Presentation of New Hanover County Retirement Plaques 49
9:20 a.m. 2. Presentation of New Hanover County Service Awards 51
9:30 a.m. 3. Introduction of Newly Hired County Employees 53
9:35 a.m. 4. Presentation of "The Hardcore Warrior Proclamation" Plaque to Don Blake 55
9:40 a.m. 5. Recognition ofMr. Randy Wilson as "2006 Volunteer of the Year" for Pop 57
Warner Football
9:45 a.m. 6. Recognition of County Staff for Extraordinary Efforts 59
9:50 a.m. 7. Presentation by Highway 17 Association 67
10:00 a.m. 8. Update Presentation on Joint Emergency Services Training Facility and 83
Appointment to the Safety Training Center Advisory Committee
10:10 a.m. 9. Consideration of Fire Insurance District Realignment for Ogden Fire-Rescue 85
and Wrightsboro Volunteer Fire- Rescue
10:20 a.m. 10. Consideration of a Resolution to Purchase 3.85 Acres of Land Adjacent to the 91
New Hanover County Landfill Entrance and Adoption of Ordinance for
Budget Amendment 08-019
10:35 a.m. 11. Consideration of Capital Project Ordinance-Land Acquisition for Future 97
Expansion of the Jail Facility Property Acquisition, Blue Clay Road
Tax Parcel Nos. R02600-002-005-003 and R02600-002-005-000 and
Adoption of Ordinance for Budget Amendment 2008-59
10:50 a.m. Break
11:00 a.m. 12. Consideration ofInterlocal Agreement, Water and Sewer Authority 101
11:15 a.m. 13. Consideration of Mason Inlet Relocation Project Maintenance Event 139
11 :30 a.m. 14. Consideration of Contract Renewal for the Engineering and Surveying 147
Services Associated with the Mason Inlet Project from October 2007 through
September 2012
11:45 a.m. 15. Consideration of a Tax Department Business Analyst Position 171
11 :55 a.m. 16. Committee Appointments 173
12:05 p.m. 17. Meeting of the Water and Sewer District 203
12:20 p.m. 18. Non-Agenda Items (limit three minutes)
12:25 p.m. 19. Additional Items
47
County Manager
County Commissioners
Clerk to the Board
County Attorney
12:35 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less
time, the Board will move forward until the agenda is completed.
48
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 1 Estimated Time: Page Number:
Department: Human Resources Presenter: Bruce T. Shell
Contact: Libby Moore
SUBJECT:
Presentation of New Hanover County Retirement Plaques
BRIEF SUMMARY:
The following employees are eligible to receive New Hanover County Retirement Recognition:
Thomas Duncan, Sheriff's Office 17 Years of Service
Harold Lowdermilk, Parks Department 14 Years of Service
Annie Stalling, Register of Deeds 31 Years of Service
William Parker, III, Sheriff's Office 13 Years of Service
Janice Dailey, Inspections Department 21 Years of Service
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Present retirement plaques.
COMMISSIONERS' ACTIONS/COMMENTS:
Presented retirement plaques.
49
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50
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 2 Estimated Time: Page Number:
Department: Human Resources Presenter: Bruce T. Shell
Contact: Marlene Carney
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: Linda Thomas - Social Services; Maria Turnley - Health Department; David Haste - Sheriff's Office
TEN (10) YEAR: Brian Evers - Sheriff's Office; David Rice - Health Department
FIFTEEN (15) YEAR: James Brown - Sheriff's Office
TWENTY (20) YEAR: Marlene Carney - Human Resources; Sharon Walters - Library
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Present service awards.
COMMISSIONERS' ACTIONS/COMMENTS:
Presented service awards.
51
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52
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 3 Estimated Time: Page Number:
Department: Human Resources Presenter: Bruce T. Shell
Contact: Marlene Carney
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:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
At this time I'd like to recognize new employees who have been hired to fill budgeted positions that have become vacant.
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized new employees.
53
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54
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 4 Estimated Time: Page Number:
Department: Governing Body Presenter: COL Paul O'Toole, USMC (retired)
Contact: William A. Caster
Item Does Not Require Review
SUBJECT:
Presentation of "The Hardcore Warrior Proclamation" Plaque to Don Blake
BRIEF SUMMARY:
COL, Paul O'Toole, USMC, will present "The Hardcore Warrior Proclamation" plaque to Don Blake. COL O'Toole is
presenting the award on behalf of the Military Retiree Council at Camp LeJeune. The award recognizes Mr. Blake's service
during the last three "big" wars of the nation: WWII, Korea, and Vietnam. The council conducted a survey and determined
there are only 29 persons in the area who qualify for such recognition, and know of no others in New Hanover County. Mr.
Blake would like to accept the recognition on behalf of those who served in any of the wars.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize plaque presentation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize plaque presentation.
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized plaque presentation.
55
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56
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 5 Estimated Time: Page Number:
Department: Parks Presenter: Neal Lewis
Contact: Neal Lewis
Item Does Not Require Review
SUBJECT:
Recognition of Mr. Randy Wilson
BRIEF SUMMARY:
Mr. Randy Wilson has been selected as the national "2006 Volunteer of the Year" for Pop Warner (Youth) Football, based
on his volunteer work as a leader in the Coastal Pop Warner program here in New Hanover County. The Coastal Pop
Warner program is based out of Ogden Park, where most of their games are played. The 2007 Pop Warner season 'kicked
off' on August 25, with 58 teams participating.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize Mr. Wilson for his achievements.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
R.ANDY WILSON biQ i '2,G7.d~s
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize Mr. Wilson.
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized Mr. Wilson.
57
RANDY WILSON
COASTAL POP WARNER FOOTBALL
NATIONAL VOLUNTEER OF THE YEAR AWARD
BIOGRAPHICAL INFORMATION
PERSONAL:
Wife: Shirley Four Children Five Grandchildren (1 on the way!)
OCCUPATION:
President, REW Enterprises (Food Service, Marketing, Racing)
Racing; Late Model Sportsman, Hooters Pro Cup, Super Late Model
President, W B Foods (pizza Manufacturing/Sales)
Vice President, D & H Marketing (largest meat brokerage firm in SE USA - 32
lines)
COMMUNITY/CIVIC ACTIVITIES:
NASCAR Advisory Board
AA Sponsor
Church Building Committee Chairman
Bank Board of Directors
Bugler in the Sudan Drum & Bugle Corps
Campbell University Presidential Advisory Board
President - NC Food Dealers Association
New Hanover County Sports Commission
POP WARNER FOOTBALL ACTIVITIES:
Coach 1982-1984
Association President 1984-1987
Association Commissioner 1990-Present
Regional Playoff Committee 1990- Present
National Playoff Committee 1990-Present
RECIPIENT:
NATIONAL VOLUNTEER OF THE YEAR - 2006
POP WARNER LITTLE SCHOLARS, INC.
58
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 6 Estimated Time: Page Number:
Department: County Manager Presenter: Bruce T. Shell
Contact: Bruce T. Shell
Item Does Not Require Review
SUBJECT:
Recognition of County Staff for Extraordinary Efforts
BRIEF SUMMARY:
Debris generated by Hurricane Fran caused a significant increase in the volume of disposal at the landfill. The projected
debris for the entire years of 1996 and 1997 was to go into cell 3A, but its capacity was used up six months ahead of
schedule due to Hurricane Fran in September 1996. Because cell 4 had not been constructed, we had to reopen cell 1,
which was originally closed in 1986. We claimed this cell closure costs as part of the County's eligible expense to FEMA.
We had an intense, thorough review and close-out performed by FEMA representative Bob Black. He found no issues in
the claim, which was completed in 2002.
With about two weeks remaining in the three-year threshold to close the audit period, FEMA requested an Office of
Inspector General (OIG) audit of New Hanover County's books for Fran. The financial auditor that reviewed this, reported
that we had earned sufficient tipping fees to offset the costs we claimed as eligible. After receiving his multi-page report,
Ray Church, Ed Hilton, Barry Johnson, John Hubbard and Dottie Spruill found numerous errors in the approach the OIG
auditor took in arriving at his decision that we owed over $596,000 back. We subsequently appealed this decision. After
further review, FEMA stood by OIG's decision and denied our appeal. We filed a second appeal and requested that a
technical person familiar with landfill operations review our case. FEMA complied with the request. After reviewing all the
information FEMA agreed with our claim, stating that tipping fees were not sufficient to offset the costs.
New Hanover County has been notified that the landfill deobligation has been overturned. New Hanover County will not
have to repay any funds related to Hurricane Fran.
The staff involved served the County with excellence and attention to detail as they mitigated a long and tedious process to
a successful conclusion.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize staff for a job well done.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
:..!..:.....:...-
Chrono!gy - Landii!i eel: t;tl {2i.pm
ITEM DOES NOT REQUIRE REVIEW
(revised)
59
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize County staff.
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized County staff.
60
Chronology relating to Landfill Cell#1 Reopen, Closure, Inspections and Appeals:
9/5/96 - Hurricane Fran Landfall produced significant C&D (Construction and
Demolition) and greater than normal MSW. The debris had to go somewhere and NH
County is taxed with the responsibility for the disposal for its citizens.
9/96 - 97 - Hurricane Fran C&D debris went into cell # 3A received a total of 335,111
tons of debris... less than 210,000 tons was projected for 96/97. Cell #3A capacity was
anticipated to last at 6 more months than it did, which would have allowed time for Cell
#4 (under construction) to be prepared. Because Cell#4 would not be ready to accept
waste in time, NH County's only option was to reopen closed Cell #1. Hurricane Fran's
total impact in additional waste has been calculated as 128,000 tons.
19971 - Cell #1 reopened, utilized for then current waste disposal needs, then
Engineering for closure.
8/11/97 - FEMA original inspection and DSR 78826 (Damage Survey Report) written for
reopen, engineering design, and closure of Cell #1 based on actual costs incurred to
that date and estimated costs.
4/13/01 - FEMA approves DSR 78826 for $1,157,400
5/16/01 - FEMA approves partial payment request of project, NH gets $1,041,659.00
7/01 - 9/01 - Cell #1 is closed, and all vendors paid. NH request final inspection of the
project and submits closeout request.
10/31/01 - FEMA completes Final Inspection of all Landfill related Projects
11/23/01 - FEMA approves FIR 38277 Final Inspection of all Landfill related Projects,
Complete cost approved for DSR 78826 (Landfill Cell #1, reopen and closure)
$1,331,341.67
06/21/02 - Final payment received for FIR 38277 "Project Now Considered Closed".
This was also the last project opened under Fran... entire disaster considered closed. 3
years record retention begins and audit window.
May-Oct, 2004 - FEMA Inspector General Audit conducted of all Large Projects
approximately $12.8M by Homer Johnson, IG completing audit.
12/22/04 - IG releases his report to FEMA Region IV, recommending disallowance of
$596,581.00 due to his calculations of revenue from tipping fees that should have
applied to closure/capping of cell #1.
61
3/30/05 - NH County receives correspondence from NC DEM, containing the IG's Audit
Report DA-08-05, but does not indicate any direction if Region IV approved and
requested the county to comply or how to proceed with any appeal procedure.
6/14/05 - NH had still not received any notification or correspondence regarding the IG
determination in a formal document. Mary Canty, NC DEM Section Chief was
contacted and it was explained that procedurally a letter from her office and FEMA
Region IV should have accompanied the IG's recommendation. We requested an
extension to prepare our 1 st Appeal during telephore conversation of 6/15/05.
6/14/05 - NCDEM approves an extension to respond to findings (1st Appeal) on or
before July 9, 2005.
6/15 - 7/6/05 _1st Appeal is prepared, meetings, strategy, documentation etc.
7/6/05 - 1st Appeal prepared and sent to NCDEM,
Summary of 1 sl Appeal:
1) Auditor utilized data in his report for FY98 and FY'99. Cell #1 was in operation
FY'97 and FY'98.
2) Data used by the auditor for Cell Closure form FY'98 and FY'99 total expense
was $1,814,059. The final approved expense for the closure was $1,331,341.
Auditor used larger closure cost than was requested by the county.
3) Again, Auditor utilizes a different number including all Landfill Cat F costs that
were not directly associated with the landfill cell closure.
4) Errors found in figures used by auditor:
. Auditor utilized total material placed in the landfill as Cell 1 disposal during the
reopened period, to include daily cover from WASTEC ash. The ash is
considered non-revenue and should not be adopted in any calculations for
revenue.
. Calculated fees per ton were based on FY'98 and FY'99 when cell #1 was not
in operation. Additionally these total numbers for revenues includes
additional revenues unrelated to tipping fees... to include: grants, white goods
and scrap tire funds from NC-DENR, that were never placed in the landfill.
Actual tip fees charged were FY'97 - $32/ton, FY'98 $34/ton, FY'99-$28/ton.
. Final calculation and formula prepared by the auditor to compute tipping fees
that were utilized for cell closure had many errors: wrong fiscal years, total
tons instead of tons placed in cell#1, use of total revenue that include sale of
recyclables, electrical sales, tip fees at WASTEC, Grants, .5 cent sales tax
fund, and most importantly transfer (subsidies) from the general fund.
62
5) This next section is the NH Counties response to how the IG should have
evaluated costs.
Summary:
. When utilizing correct years and correct waste volumes Cell #1 closure cost is
calculated at $12.18/ton; normal closure cost with normal projected waste and
time of use is typically between $4.35 and $6.50/ton, therefore Cell #1 closure
costs are 2x to 3x normal closure cost.
Post closure care cost was not requested with the original DSR. Cell#1
originally closed in 1986, pre subtitle D closure care requirements. By
reopening in 1996 Cell #1 subject to all requirements of Subtitle D to include
geosynthetic liner for cap, grounds keeping, liner repair, storm water
collections system maintenance, erosion control measures for slopes all this
for a period of 30 years or a total of $321,000. In addition under Subtitle D,
NH County is required over the next 30 years is required to groundwater,
landfill gasses, and leachate treatment. Cell #1 's addition to this is
approximately $6,800/yr or $204,000 fo r the 30 yr period. TOTAL Post
Closure Care Cost for next 30 years - $525,000.
1/4/06 - NH received email from NCDEM explaining FEMA region IV has denied
appeal, without attachments.
2/10/06 - Cover letter from NCDEM comes with FEMA Region IV denial of 1st Appeal.
Because NH did not explain how much of the tipping fees collected should be applied to
the capping/closing FEMA concurs with original audit findings. FEMA considers Post
Closure Care costs as newly identified expenses and should have been identified prior
to the 2001 Final Inspection and determines this expense as ineligible. FEMA gives us
till March 6, 2006 to submit a 2nd Appeal.
3/1106 - 2nd Appeal prepared and send via FEDEX to NCDEM.
Summary of 2nd Appeal is basically same points in 1st Appeal in narrative form
and contests that citizens of New Hanover County already paid for the closure via
general fund transfers during the period $ 5.5M well in excess of the closure costs. The
county contends that no money was earmarked from tipping fees for cell #1 reopen or
closure therefore no tipping fee offset. Additionally, the $525,000 in post closure care
costs is a "code and standards" requirement that are specifically allowed under
44CFR206.226(d)(ii).
6/27/06 - Dated letter from NCEM acknowledging receipt of :2'1d Appeal. And bullet
points of the 2nd Appeal letter understanding
1/05/07 - Email received from B. Poole, fwd from J. Stanton, fwd from J. Methjane
originally from P. Floyd (FEMA). Email has several specific questions regarding ~d
Appeal including Post Closure Care financial assurance mechanisms, copy of financial
63
assurance plan, etc. and additional specifics regarding material placed in landfill. (All
these questions and documents requested by 1/08/07, over the weekend)
1/08/07 - 1/09/07 - Phone calls and emails from B. Poole requesting that a meeting be
set up this week, prior to 1/12/07 to meet with the TAC (Technical Advisory Consultant)
to go over this material. Ms. Poole was explained that this was not reasonable due to
short notice and that the newly appointed Director of Environmental Management will
need to be brought up to date. NC-DEM and FEMA agreed to rescheduled to a later
date.
1/15-07- 3/26/07 - Meetings and preparation of data bringing John Hubbard up to
speed on project... additional assignments to all parties involved in preparation for TAC
meeting to have all basis covered regarding re-open and closure costs, volume of waste
determined directly related to Hurricane Fran, additional extensive effort in providing
documentation in shortfalls of total Environmental Management Operating Costs versus
revenue from tipping fees. Finally all documentation concludes that General Fund
transfers were provided and required to operate the Environmental Management
System during the 1996-1997 period that Fran waste was received. Part of proof also
came from the documentation of ability to operate as an Enterprise Business, but at
tipping fees currently charged, not at the artificially low tipping fees charged during the
period to keep some revenues, as was necessary during the period.
3/26/07 Meeting with FEMA TAC (Technical Advisory Consultant), NC-DEM
representatives. Provided documentation and presented (see notes from above bullet)
Involved in preparation ofNH County documentation and presentation:
John Hubbard
Sam Hawes
Dottie Spruill
Barry Johnson
Significant contribution from Ray Church for being a pack rat and never throwing
stuff away, we thank you.
Following presentation and question / answer period, FEMA TAC eluded that his
recommendation would be made to FEMA National to whom he was contracted. The
indication from his demeanor and discussion, suggested NH County's case was heard
and understood.
3/27-07 - 8/15/07 - Many €mails, conversations and casual reminders with NC-DEM
personnel by Dottie and Barry.... Any news regarding the Hurricane Fran Appeal?
8/16/07 - Email from Bettye Poole (NCDEM) responding that unofficial news that
FEMA TAC had supported New Hanover County's position.
64
10/1/07 - Received P.4. from HC-DEM for Hurricane Fran. This is the "Final Proof
of Closure Document for the Complete Disaster". This document in an obscure
fashion is the only written documentation providing FEMA TAC's findings under
the comments section, and reads:
Comments:
TAC visited applicant March 25, 2007 to review documents on Appeal OIG report,
DA-08 01; Landfill Deobligation is Being Overturned"
10/3/2007 - The PA. was signed by Dottie Spruill and forwarded to HC-
DEM/FEMA, finally closing Hurricane Fran; 11 years, 27 days after landfall.
65
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66
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 7 Estimated Time: Page Number:
Department: County Manager Presenter: Marc Finlayson
Contact: Bruce T. Shell
SUBJECT:
Presentation by Highway 17 Association
BRIEF SUMMARY:
Marc Finlayson submitted the attached request to make a presentation to the Board of Commissioners about the Highway
17 Association. He submitted the association's mission statement and progress report for the Board's packets.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
Hignwcr, 17 Goa!$-Progoe% Report 5"-JG-G7.d~s
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
67
Page 1 of 1
Wynn, Susan
From: Marc Finlayson [finlayson@highway17nc.org]
Sent: Tuesday, November 06, 2007 12:40 AM
To: Wynn, Susan
Cc: LioneILMidget@co.onslow.nc.us; Mickie Wilson
Subject: Request to Appear
Importance: High
Attachments: Highway 17 Goals-Progress Report 9-30-07.doc
Good afternoon Bruce: Please consider this my formal request to appear before your Board of Commissioners on Monday,
November 19. The purpose of my appearance is to introduce myself and say a few words about the Highway 17
Association. I have attached our mission statement and year-end (September 30) progress report which you may include
in the Commissioners' packets.
Lionell Midgett, of the Onslow County Board of Commissioners, sits on our board and has said you and he have spoken
about our organization. I am copying him on this e-mail in the event he would like to accompany me.
It has been my pleasure to already meet Commissioner Bill Kopp when I recently addressed the Wilmington Area
Metropolitan Planning Organization (MPO). I am looking forward to meeting you and the rest of your board.
Please reply to this e-mail or call the numbers below if you require additional information or have questions. Either I or my
colleague Mickie Wilson will assist you. You can also go to our web site w.w.w,bjgb~aY17IJC,Q[g for more information about
the organization. Thanks very much, Marc.
Marc Finlayson
Highway 17 Association
PO Box 1673
New Bern, NC 28563
(252) 514-2748 phone
(252) 633-3565 fax
(252) 617-2825 cell
finlayson@highway17nc.org
!SIG:472f54b8320611703224553!
11/8/2007
68
Highway 17 Association
Mission Statement and Goals
September 30, 2007
Mission Statement
It is the mission of the Highway 17 Association to assure, through collective action and
constancy of purpose, that the inclusion and funding of all unfunded portions of the US
Highway 17 corridor shall be part of the NC Department of Transportation's 2009
Transportation Improvement Plan (TIP).
The Highway 17 Association will accomplish its mission by:
. Protecting Highway 17 projects now fully funded in the TIP.
. Being regional in vision and scope and not advancing one local project at the
expense of another.
. Anticipating and resolving local issues and concerns, and facilitating solutions
where local conflicts exist.
. Helping the DOT solve problems in planning, design, right-of-way acquisition
and construction, in order to advance Highway 17 projects.
. Being an active partner with federal, state, regional and local stakeholders who
share an interest in the completion of a fully controlled access, four-lane Highway
17 from Virginia to South Carolina.
69
Highway 17 Association
Mission Statement and Goals
NCFY 2006-07
Goals, Strategies and Tactics
Government Relations 2006-07
. Meet with each of the DOT Board members in the corridor to share
information about the Association's new director and offices, and to
understand each member's vision of Highway 17 and its progress.
0 Who: Marc Finlayson.
0 When: By December 2006.
Progress: I have met each of the five commissioners representing the Highway 17
corridor and have had substantive follow-up meetings with Stan White and eam
McRae in Nags Head and Kinston respectively. I spoke briefly with Louis Sewell in
Jacksonville at a DOT hearing on the Drummer-Kellum Road project and we have
agreed to meet for a more lengthy discussion. Marvin Blount III has agreed to meet
with me after the first of the year. I have not yet scheduled a substantive meeting
with Lanny Wilson, though I was introduced to him at the October luncheon of the
Highway 17 commissioners during their quarterly update.
Progress: I have had substantive follow-up meetings with Louis Sewell and Marvin
Blount III at their respective offices. Jeryl Rawls accompanied me to the meeting with
Marvin Blount. Jeryl and I also attended the January quarterly luncheon at DOT to
review Highway 17 progress. Commissioners White, McRae, Blount and Wilson
attended.
Progress: I represented the Association at the April quarterly luncheon at DOT to review
Highway 17 progress. All five DOT board members were present.
Progress: I had a substantive discussion with Division 3 Board Member Lanny
Wilson at the Topsail public meeting for the proposed Hampstead Bypass.
Progress: Steve Biggs accompanied me to the July quarterly luncheon at DOT to
review Highway 17 projects. Commissioners White, Blount and Wilson were present.
Progress: I met with Lanny Wilson at the Wilmington Metropolitan Planning Organization
(MPO) which he chairs. We discussed the need for a special Legislative session to
address the transportation funding shortfall. I interviewed Stan White for an upcoming
profile in the Highway 17 Association newsletter.
. Appear before each County and City governing body for a brief report on
progress to date; to engage the local governments in a dialogue about
Highway 17; to get buy-in on the strategic planning document; and to invite
the members to the Highway 17 Annual Meeting.
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0 Who: Marc Finlayson
0 When: First meetings by mid January 2007.
Progress: I have addressed the commissioners of Beaufort County, Jones County,
Martin County, Craven County and Bertie County. I have also addressed the
municipal leaders of Washington, New Bern and Windsor. I am on the agenda in
Onslow County for February 5 and hope to also schedule Chowan, Perquimans and
Pasquotank Counties and the cities of Jacksonville, River Bend, Chocowinity,
Williamston and Edenton as soon as possible.
Progress: Since the last report I have also spoken before Onslow County and the town
of Edenton. I also addressed the board of directors of North Carolina's Northeast
partnership, and was able to thank them personally for their financial and
administrative support of our enterprise. Thanks to Bob Spivey for introducing me.
Progress: Since the last report I also addressed the Williamston town board to thank them
personally for their support and to answer questions about out activities. Tom Thompson
also arranged for me to meet Mayor Mobley of Chocowinity so that I could thank him for
his town's support as well. I will be speaking with the River Bend town board on April12
and the Perquimans County Commissioners on May 7. I still hope to go before the
governing boards of Jacksonville and Elizabeth City and Pasquotank, Pender and
Brunswick Counties.
Progress: Since the last report I have addressed the River Bend Town Board and
the Perquimans County Commissioners. I was very well received by both governing
bodies. Additionally I have met with Rich Olson, Manager of Elizabeth City, to
discuss his municipality participating in our organization. He led me to believe
some support was possible, and suggested an amount and a means by which it might
be accomplished.
Progress: We have solicitedfinancial supportfrom the local governing bodies and
economic development organizations that contributed in 2006-07, plus several
additional units. In support of the solicitation I appeared before work sessions of the
Pender, Beaufort and Onslow County Commissions. I also prepared a one-page
summary of accomplishments in support of our requests to Onslow and Jones
Counties. State Representatives Danny McComas of Wilmington and Bonner Stiller of
South port have provided names of local government leaders to speak with in New
Hanover and Brunswick Counties in seeking support. I have met with Wilmington
City Council Member Laura Padgett and Jim Leutze, Chancellor Emeritus of UNC-
Wilmington to begin the process of seeking support.
Progress: I spoke briefly to Bill Kopp of the New Hanover County Commission and Bill Sue
of the Brunswick County Commission and will follow-up with both regarding their counties
supporting us financially in the 2008-09 fiscal year. Lionel! Midgett has also reached out
to the New Hanover County Manager to broker a meeting between the Association and
some key policy makers in new Hanover County.
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. Develop relationships with North Carolina's Congressional delegation and
key staff and gain a basic understanding of federal highway funding and
administration.
0 Who: Marc Finlayson
0 When: By mid 2007.
Progress: I have met with Daniel Mallison, Betty Jo Shepheard and Janet Bradbury,
the local representatives of Congressman G.K Butterfield and Senators Richard
Burr and Elizabeth Dole respectively, and have spoken to Millie Lilley, local
representative of Congressman Walter Jones. In each case I was given contact
information and a referral to the legislative aides in their Washington, DC offices
who work on transportation issues. I have not yet spoken to anyone in
Congressman Mike McIntyre's office, though I did get a referral to his legislative
director from her counterpart in Butterfield's office. I plan a trip to DC in January,
where I also intend to meet with North Carolina's transportation lobbyist to
Congress.
Progress: I have now spoken with key staff of each of the members of our Highway 17
Congressional delegation and have set up appointments to meet personally with each
during a trip to Washington on March 5 and 6. I have also spoken with and will meet
Caitlin Hughes Rayman, North Carolina's congressional lobbyist
Progress: In Washington I was cordially received by key staff in the offices of our entire
Highway 17 federal delegation: Sens. Burr and Dole; and Reps. Butterfield, Jones and
Mcintyre. In fact, Congressman Jones was kind enough to spend about 20 minutes
visiting with me personally.
Caitlin Hughes Rayman, the state's DOT liaison to Congress, said my visit was timely, in
that she had just submitted two appropriations requests over the weekend specific to
Highway 17. The first, on behalf of Rep. Jones and Sen. Dole, would appropriate $2
million toward the R-3403 project (widening 17 from Vanceboro to Bridgeton). The
second, on behalf of Rep. Butterfield and Sen. Burr would appropriate $2 million toward R-
2510 (the Washington By-pass project). It's important to note that these appropriations
are in addition to the regular Trust Fund dollars that automatically flow to NC and are
subject to the equity formula. Because they are extra dollars, there should be no hard
feelings on the part of DOT or the Highway Commissioners locally (though each does
require a state match of $500,000). I have followed up with those whom I met and have
asked to be included in regular distributions of information from their offices -- and more
importantly, to be apprised of transportation issues of importance generally and
specifically about anything that concerns Highway 17. Please see our March newsletter
for more detail about the Washington, DC visit.
Progress: I have followed up with Caitlin Rayman to get a status report on the two
appropriations requests. Nothing new to report.
Progress: I prepared a fact sheet and suggested talking points for Josh Bowlen,
Legislative Director for Congressman Walter Jones, in order to support their news
release announcing a $250,000 appropriation for Highway 17 (Craven County) that
passed the House of Representatives. A $500,000 appropriation for Highway 17
(Beaufort County) has passed the Senate. Both appropriations must still be considered
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and approved by the conference committee before the final budget is authorized
sometime between October and December 2007.
Progress: I spent several days in Washington, DC following up with our delegation on the
pending budget requests specific to highway 17. I met personally with Reps. Walter Jones
and Mike Mcintyre, as well as staff for Rep. G.K. Butterfield and Senators Elizabeth Dole
and Richard Burr. I also met the new Congressional liaison for NC DOT, Susan Howard,
who moved into the role after having served on the Congressional staff of Rep. David
Price (D-Chapel Hill). In addition to the meetings within the Highway 17 delegation, I also
met personally with Rep. Brad Miller (D-Raleigh) and Rep. Howard Coble (R-Greensboro)
to create awareness about our goals and activities and broaden our network. Rep. Coble
serves on the House Transportation and Infrastructure Committee.
. Develop relationships with the Highway 17 corridor's state legislative
delegation and gain a basic understanding of state highway funding and
administration.
0 Who: Marc Finlayson
0 When: By mid 2007.
Progress: I had a very substantive meeting with Senator Clark Jenkins who is
chairman of the Senate Transportation Appropriations Committee and the Joint
Legislative Transportation Oversight Commission. Additionally, Jenkins is a
former Highway Commissioner, so he knows transportation funding from both
sides of the ledger. I have also met with Senator Harry Brown, Senator-elect Jean
Preston and the staff of Senator Marc Basnight. On the House side, Zoph, Tom and
I had a very productive meeting with Rep. Arthur Williams. I have also met or
spoken with Reps. Dewey Hill, Carolyn Justice, Edith Warren, Alice Underhill and
William Wainwright. I have sent each member of the Highway 17 delegation
correspondence of introduction and will see them all in Raleigh in January, if not
sooner.
Progress: I have been to Raleigh about a half-dozen times to either attend legislative
study commission meetings, to network with lobbyists, or to make goodwill calls on
members of our Highway 17 legislative delegation. I am duly registered to lobby on
our behalf with the NC Secretary of state's office. The Highway 17 Association has
also joined NC Citizens for Business and Industry, NC Go! and the NC Professional
Lobbyists Association, and I will be participating in steering committees of those
organizations as appropriate.
Progress: I accepted on behalf of the Association a seat on the Board of Directors of NC
Gol, the coalition of transportation oriented organizations. I am happy to report that
nowhere in Its official legislative agenda does NC Gol advocate for a change in the DOT
equity formula that would put our three Highway Divisions at a disadvantage. I have been
closely following the deliberations of the Infrastructure Responsibilities and Needs sub
committee of the State and Local Fiscal Modernization Study Commission. The
Infrastructure panel made its formal recommendations to the full commission this past
Monday. They will be included in an interim report to the general assembly expected to be
published in May.
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Progress: I continue to monitor the progress of the transportation budget and other
policy matters at the North Carolina General Assembly. The House of
Representatives has passed its version of the budget, which made significant cuts in
the Governor's DOT budget. That budget package now goes to the NC Senate. I
participated in the Statewide Transportation Forum sponsored by NC Spin. Four
present and former DOT Secretaries attended the event, which included remarks by
former Secretary Jim Harrington, the author of the original Highway Trust Fund in
1989.
Progress: I spent much time in Raleigh at the General Assembly monitoring the status
of a transportation appropriations package. Ultimately the Assembly failed to enact a
funding package before they adjourned. Steve Biggs and I participated in the NC Go!
Legislative Day at the end of May, and I represented the Association at a coalition of
infrastructure advocates known as the Partnership for North Carolina's Future. I had
substantive meetings with several key legislators in the corridor during the past two
months, including Sens. Clark Jenkins, R.C. Soles, Jean Preston, Harry Brown and
Reps. Arthur Williams, Tim Spear, Bonner Stiller, Alice Underhill and Danny
McComas. Additionally, I was invited to have lunch with key members of the Senate
leadership to discuss Highway 17 and other transportation matters. Attending were
Clark Jenkins, David Hoyle, John Kerr, Bill Purcell, R.C. Soles and Joe Sam Queen.
Progress: I attended the Special Legislative session to override the Governor's veto of the
Goodyear Incentives. At that time I was able to engage several members of our Highway
17 delegation about the need for transportation funding, including Sens. Jean Preston and
Harry Brown and Reps. William Wainwright, Arthur Williams, Danny McComas and Bill
Owens. Additionally, I wrote to Senate President Pro Tem requesting that he appoint
Sens. Brown and Clark Jenkins to a special task force envisioned by the General
Assembly and the Governor to find solutions to the transportation funding crisis.
. Develop relationships with the NC Department of Transportation staffwith
responsibility for Highway 17 and gain a basic understanding of the processes
by which highway projects are funded, planned, designed and built.
0 Who: Marc Finlayson
0 When: By mid 2007.
Progress: I have had substantive meetings with Rob Hanson, Eastern Project
Development Engineer; Dan DeVane, Chief Deputy Secretary; Johanna Reese,
Legislative Lobbyist; Neil Lassiter, Division 2 Chief Engineer; and various Highway
17 project engineers Brian Yamamoto, Mark Pierce, Vince Rhea and Jay McInnis.
I have met Anthony Roper, Division 1 Chief Engineer and several other folks
variously associated with highway 17 projects. I also had dinner with Secretary
Lyndo Tippett at the NC Go! annual meeting. I attended public meetings on the
TIP held by Divisions 1 and 2 in Edenton and Snow Hill respectively.
Progress: I have had substantive follow-up meetings in Raleigh with Mark Pierce and
Brian Yamamoto to discuss details of the Pollocksville by-pass project, and in
Greenville with Neil Lassiter and Ed Eatmon to discuss strategies for local initiative in
planningfor and acquiring right-of-way. This meeting was set up at the request of
74
Cam McRae. I had a brief introductory meeting in Raleigh with Susan Coward,
DOT's Deputy Secretary for Intergovernmental Affairs and Budget Coordination.
Progress: I have participated in two meetings at which Division 2 Engineer Neil Lassiter
gave reports on highway 17. I have spoken with Division 3 Engineer Allen Pope and have
agreement to meet with him soon in Wilmington to go over his Highway 17 projects.
Joanna Poston is in the process of arranging meetings for me with the project engineers
for the Washington By-pass project so that we can provide a status report for the
newsletter.
Progress: I attended the public meeting in Topsail for the proposed Hampstead
Bypass project at which time I was able to interact with Division 3 Engineer Allen
Pope, as well as other DOT staff members. We have been engaged in conversations
with the design engineers for the Washington Bypass project, working toward
getting on the ground in Beaufort County for an up\-close progress assessment and
photographs. I have also had more detailed budget discussions with Johanna Reese,
DOT's legislative lobbyist, as to the changes between the department's original
budget request and changes made by the House of Representatives.
Progress: I spent the day in Bertie County with Scott Emory, engineer for the Windsor
Bypass, who facilitated our newsletter update of that project. I met in Raleigh with
Teresa Bruton and Ed Eatmon, two of the engineers on the Washington Bypass
project, in preparation for getting on the ground with Paul Newman and the teamfrom
Flatiron United.
Progress: In addition to meeting Susan Howard, DOT's new liaison to Congress, I have
spent time working with Johanna Reese, state government affairs director, on questions of
allocation to primary and secondary road projects. The request was made of me by Sen.
Jean Preston and Rep. Alice Underhill.
. Through work with federal and state policy makers and stakeholder groups,
gain a basic understanding of alternative funding options for highway
construction, including toll roads.
0 Who: Marc Finlayson
0 When: By mid 2007.
Progress: Among the topics of discussions in my meetings with DOT staff, Highway
Commissioners and some policy makers have been alternative funding sources.
That will continue to be a focus going forward.
Progress: I have attended several meetings of the Infrastructure Responsibilities and
Funding Subcommittee of the State and Local Fiscal Modernization Study
Commission. That panel has been tasked with considering innovative ways to fund
infrastructure needs and will make recommendations to this session of the Assembly.
Progress: During the course of my visits with staff in the Congressional offices, we talked
at length about creative ways to find revenues to meet our needs outside of traditional
DOT sources, such as: DOD dollars for moving troops and materials (and especially to
mitigate the impact of closing NC 172 across Camp Lejeune to civilian, traffic therefore
75
increasing the burden on Highway 17); Dept. of Commerce dollars to facilitate the
transportation of goods to mid-Atlantic and northeast markets through the new port at
South port; Homeland Security dollars to facilitate the safe flow of evacuees from the coast
in the event of a major hurricane; and heritage or tourism grants to NGO's working to
promote and facilitate tourism via 17 in northeastern NC.
Progress: Through NC Go! and a coalition of organizations interested in
infrastructure funding, The Highway 17 Association is advocating a broad range of
funding options to help meet the cost of future highway construction. The
organization calls itself The Partnership for North Carolina's Future, and is urging
the General Assembly to consider state and local funding options including: an
adjustment to the highway use tax on automobile purchases; the levy of a real estate
transfer tax; and county options for sales taxes in addition to or in lieu of a waiver
of the county obligation for Medicaid.
Progress: In the waning days of the NC General Assembly I met several times with
Reid Simons, government affairs manager for the NC Turnpike Authority. The
Authority is seeking state appropriations to complete one ofthefour turnpike projects
now on the drawing board. Thus far the Assembly has failed to appropriate the gap
funding necessary to get any of the projects started. I have also discussed with the
Wilmington Metropolitan Planning Organization (MPO) their plan to fund the Cape
Fear Skyway project with tolls on the Highway 17 Wilmington Bypass.
Progress: We are continuing to urge the general Assembly to meet to address the funding
shortfall, including looking at alternative funding sources for construction and
maintenance. I continue to be actively engaged with NC Go!, working with transportation
advocates from across the state to find funding solutions to the transportation budget
shortfall.
Public / Media Outreach and Marketing 2006-07
. Prepare a presentation about Highway 17 to convey the Association's
concerns in a passionate but factual way. Prepare appropriate collateral
materials about Highway 17 to support the presentation.
0 Who: Marc Finlayson.
0 When: ASAP, but no later than mid 2007.
Progress: Using the existing PowerPoint presentation as a starting point, I will
prepare a multi-media presentation suitable for meetings, trade shows and public
access broadcast. In order to make the presentation substantive, factual and
compelling, we will need appropriate research which we are working on. I will
cover research in a later bullet.
Progress: I have identified a vendor who is interested in adapting our existing
PowerPoint into a multi-media presentation, but I do not as yet have a quote from
them.
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Progress: We still do not have a quote from a vendor to produce outreach media, however
Joanna Poston Is spending some of her time researching appropriate facts and data to
include in our materials. We have also engaged East Carolina University to produce an
impact study for highway 17 which will support much of what we share with the public
going forward.
Progress: We have been prudent enough with our budget that we should have some
resources left at the end of our fiscal year to allocate toward a marketing program.
This would include copy writing, photography, production and a media plan.
Progress: The Impact Study being prepared by East Carolina University will provide us
with the messages to prepare and implement a comprehensive outreach program.
Among the several vehicles under considerationfor "marketing" the study to the
public will be news releases; a PowerPoint presentation; posters and maps; and
possibly a mini-documentary film.
Progress: We are continuing to consider ways to market the ECU impact study to the
public and our stakeholders. I have commissioned photography of the corridor which will
help illustrate the impact study and will serve our photography needs for our web site and
any printed materials we might publish.
. Commission the design and production of a Highway 17 Association logo and
get board approval.
0 Who: Marc Finlayson.
0 When: ASAP but no later than December 2006.
Progress: The board approved a logo design in November which we are already
using.
Progress: The logo is in use on business cards, signage, invitations, baronial note
cards and other applications. Letterhead and envelopes are in development.
Progress: We now have letterhead, envelopes and baronial cards that use the Highway 17
Association logo. Furthermore we are using an alternative logo design as the masthead
for our newsletter.
. Commission the design and production of the Highway 17 Association web
site. Initially include the mission and vision of the association; Highway 17
project updates; a calendar of events pertinent to the Highway; news items
about Highway 17 and the association; contact information for the association,
DOT policy makers, federal and state legislators; and links to other pertinent
web sites.
0 Who: Marc Finlayson.
0 When: ASAP but no later than second quarter 2007.
Progress: The web domain name www.hiehwavI7nc.ore has been acquired (as has
the .com version) and a billboard has been put on line. The site is under
construction and we intend to begin adding information after the first of the year.
77
Progress: I have had a substantive follow-up meeting with the designer and we are
working on contentfor the site. The DOT has provided us a useful map which we
intend to adapt for the site as an interactive tool for visitors to the site to receive
information.
Progress: Work continues to develop and improve the web site. We are putting contact
information for policy leaders at all levels of government for each part of the highway:
federal, state, county and municipal. We are also providing quarterly status reports for
Highway 17 projects, as well as making our newsletter available on line.
Progress: The vendor and I have discussed the need for photography to make the
site more visually appealing. I hope to be up and available very soon.
Progress: The web site is on-line. We are continuing to work with the designer to get
the right messages and images on the site. We will certainly have a functional,
rudimentary site up by the end of September with the intention of having a much more
interactive site available to the public during FY 2007-08.
Progress: We have made tremendous strides on our web site. It now contains basic
information about the Association and our goals and progress. I have commissioned
photography of the corridor which will make the web site more visually appealing. It is
still our intent to make the site more interactive and engaging as we go throughout our
second year of operation.
. Schedule editorial board briefings with newspapers in the Highway 17
corridor. Attempt to schedule similar briefings with regional and statewide
newspapers as appropriate. Follow up to ensure that the Highway 17
Association receives editorial support.
0 Who: Marc Finlayson with appropriate local directors.
0 When: First meetings by second quarter 2007.
Progress: No meetings have yet been scheduled, but we have received positive
coverage about our efforts from The Washington Daily News, The Sun Journal of
New Bern, The News & Observer of Raleigh and WCTI- TV among others.
Additionally, I have met with editors or reporters from several other papers
including The Chowan Herald and The Enterprise of WilIiamston.
Progress: We received very positive coverage of our annual meetingfrom several local
and regional newspapers, WCTI- TV and regional talk radio. I will be setting up
meetings with editorial boards beginning shortly and will ask directors to accompany
me to their appropriate paper.
Progress: Joanna Poston is scheduling editorial board meetings to begin in May. We
expect to partner on media relations with DOT when formal announcements are made
about the completion of funding for R-2510 C, the remaining section of the Washington
By-pass project.
78
Progress: I have attended two editorial briefmgs thus far. Russ Overman and Don
Christopher accompanied me to The Enterprise in Williamston, where we spent
about 45 minutes with the editor. Thanks to those gentlemen for making the time. I
spent about an hour in Elizabeth City with the city editor of The Daily Advance and
his reporter who covers transportation-related news. They were appreciative that
the Association was making an effort to reach out to the extreme northeast corner of
the state. In the next several weeks we have meetings scheduled with The
Washington Daily News, The Wilmington Star-News and The Roanoke-Chowan
Herald.
Progress: Since the last report I visited The Washington Daily News with Zoph Potts,
Robert Cayton and Jeryl Rawls and The Roanoke-Chowan Herald with Bob Spivey
and had a very productive interview in Wilmington with the transportation beat
reporter for The Wilmington Star-News that resulted in a very positive news story for
the Association.
. Prepare an editorial calendar to pitch information about Highway 17 to print
and broadcast media throughout the year. Distribute news releases or other
appropriate information to the media at least quarterly and follow up to ensure
coverage.
0 Who: Marc Finlayson.
0 When: Calendar by December 2006, distribution by first quarter 2007.
Progress: This has not yet been done. I hope to have a first cut drafted by the end of
December.
Progress: I am working on a first draft.
Progress: An editorial calendar will be ready when editorial meetings commence in May.
Progress: The Association released our assessment of the state's GARVEE bond
package of highway projects, in conjunction with the state DOT's own release. Our
angle was the funding with these bonds of the remaining right-of-way for the
Washington Bypass project. We received favorable coverage of our story in The
Washington Daily News. We have also added news media to the distribution list for
our periodic newsletters.
Progress: The news media now receives our monthly newsletters and they have
expressed appreciation for being copied. Following a recent Downeast Rural Planning
Organization (RPO) meeting I gave an interview to The Sun Journal of New Bern that
resulted in a very positive piece on the Association in that paper.
Progress: As a result of our September newsletter calling for a special Legislative session
to address the transportation funding shortfall, we received favorable coverage in several
local media. Our newsletter was published as an opted piece in The Washington Daily
News; I was interviewed for stories in The Sun Journal of New Bern and on WCTI-TV; and I
appeared as an on-air guest of Lockwood Phillips on the Viewpoints radio program.
79
. Research the possibility of commissioning an economic impact study
pertinent to Highway 17 and seek appropriate funding or in-kind donation
through partnerships with institutions of higher learning, NGO's or private
enterprises.
0 Who: Marc Finlayson.
0 When: Scope the project by year end 2006.
Progress: Thanks to the impetus of Rep. Arthur Williams, a delegation from the
Association met with Chancellor Steve Ballard and his team at East Carolina
University to discuss the university's partnership in a definitive study of the impacts
of a fully four-laned Highway 17. The reaction of Dr. Ballard was very positive and
his staff will follow up with me in the coming weeks to define the project. In
addition, I had a productive meeting with Dr. Jim Kleckley of the ECU Business
School to talk about the economic impact component of the research. I have also
been in touch with the Kenan-Flagler School of Business at UNC and may have an
opportunity to partner with them at a future time.
Progress: I have initiated follow-up correspondence to Chief of Staff Austin Bunch,
Policy Director Robin Johnson and their designated contact person, Dr. Mulatu
Wubneh, asking them about next steps in the process. These include, the scope of the
study itself, the resources the University will commit to the project, the timing of the
study and the additional resources required. As yet, ECU has not responded to my
request.
Progress: I will meet with East Carolina representatives on April 12 to begin scoping out
the impact study, determining what resources will be required to do it well, and assigning
tasks, timing and responsibilities. Through an internet search, Joanna Poston has
discovered an excellent economic impact study conducted for highway 29 in Wisconsin,
which we have shared with ECU.
Progress: I had a lengthy meeting with Dr. Mulatu Wubneh at ECU. He is the
Interim Associate Vice-chancellor of Regional Development Services for the
university. He expressed the University's willingness to participate in a
comprehensive impact study on highway 17. He will coordinate the participation of
the appropriate departments and disciplines at ECU and has promised to get back
in touch before the end of May with an idea as to scope, subject matter and cost.
Progress: I have had afollow-up meeting in Greenville with Dr. Wubneh and we now
have a scope of work for the Impact Study, as well as a tentative timetable for
completion of the work and the roll-out of the study. ECU is continuing to work on a
proposed budget for the project. We are hopeful that the University will bear the cost
of producing the work and the Association will pay for marketing it to the public.
Progress: I met again with Dr. Wubneh at ECU. We have agreed upon a scope of work and
a final delivery date prior to the end of 2007. We intend to present the study formally at the
2008 annual meeting on January 29, 2008. It appears that ECU will contribute its research
80
and organization and the highway 17 Association will be responsible for publication and
marketing.
Administrative 2006-07
. Open the Highway 17 Executive Offices, including acquiring dedicated
communication tools such as phone, fax and e-mail. Set up appropriate
financial tools such as a bank account and accounting system.
0 Who: Marc Finlayson.
0 When: ASAP, but no later than November 2006.
Progress: The office is open. We have a bank account and accounting software
system in place. North Carolina's Northeast partnership is receiving the money
from local governments and disbursing it to the Highway 17 Association on a
monthly basis. They will also provide auditing and other financial oversight. The
Association has a dedicated telephone land line, cell number and e-mail address
from my business, Impact Communications. Impact is providing discounted office
space, utilities, a post office box and a fax line.
. Publish letterhead, envelopes and business cards for the Highway 17
Association offices and Executive Director, incorporating the Association's
logo.
0 Who: Marc Finlayson.
0 When: ASAP, but no later than November 2006.
Progress: The business cards are in use. A design for letterhead and envelopes has
been completed but I have not yet been to the printer to review and approve it. I
hope to have that done within the week.
Progress: I have been using the business cards and baronial note cards for personal
correspondence. The letterhead and envelopes are in development
Progress: Done.
. Interview and hire qualified administrative support for the Highway 17
Association offices.
0 Who: Marc Finlayson.
0 When: By first quarter 2007.
Progress: I have interviewed a highly qualified administrative assistant who would
be ideal to support the organization, and who would be interested in doing the work.
However, she is not available until after January 1 and we are in the process of
negotiating a package.
8!
Progress: I have secured additional space to accommodate an office administrator. I
have interviewed several people for the administrative position in the Highway 17
office and made an offer to my candidate of choice but she declined. I have contacted
other candidates and it is my hope to have someone in place by March 1.
Progress: Joanna Poston joined the organization in March. She has gotten off to a
tremendous start.
Progress: Joanna has demonstrated great skill as the Association's office manager,
bookkeeper and scheduling secretary. She also is adept at desk top publishing and
has created the template for our Highway 17 Association newsletter.
Progress: Joanna Poston took a full-time job with a local industry. She did a great job
for our organization and she will be missed. Fortunately however, Ms. Mickie Wilson
accepted the position of office manager and administrative assistant and began work
with the Association at the first of July. Ms. Wilson was my original choice for the role
but circumstances kept her from accepting the position last falL She has gotten off to a
great start and has brought expertise on accounting systems that will be very beneficial
to the organization.
. Acquire domain name and hosting services for the Highway 17 web site.
0 Who: Marc Finlayson.
0 When: ASAP, but no later than November 2006.
Progress: The web domain name www.hi2hwavI7nc.ore has been acquired (as has
the .com version) and a billboard has been put on line. The site is under
constrnction and we intend to begin adding information after the first of the year.
82
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 8 Estimated Time: Page Number:
Department: Fire Services Presenter: Max Maxwell
Contacts: Donnie Hall, Frank Meyer, Max Maxwell
SUBJECT:
Update Presentation on Joint Emergency Services Training Facility
BRIEF SUMMARY:
With permits in hand, D. S. Simmons began construction on the Public Safety Training Center around July 1,2007.
Construction progress is clearly visible from Interstate 40 on the north campus of Cape Fear Community College as the
project nears the halfway stage.
The City of Wilmington, Cape Fear Community College and New Hanover County have partnered to help improve training
for emergency services agencies within our region. The purpose of this presentation is to bring the Commissioners up to
date on this project's status and confirm appointments to the Safety Training Center Advisory Committee.
The original appointments by the County were Dave Weaver, Assistant County Manager and Donnie Hall, County Fire
Chief. As the advisory committee's role transitions from the construction phase to the operation phase, it becomes
imperative to realign the committee for operational procedure development. To this end Chief Hall would recommend the
appointment of Deputy Chief Cliff Robinson of the training division for this position.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation regarding project status and appoint Deputy Chief Cliff Robinson to the Safety Training Center Advisory
Committee.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation and make appointment.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation. Appointed Deputy Chief Cliff Robinson (in Dave Weaver's place) to the Advisory Committee 5-0.
83
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84
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 9 Estimated Time: Page Number:
Department: Fire Services Presenter: Donnie Hall
Contact: Donnie Hall
SUBJECT:
Consideration of Fire Insurance District Realignment for Ogden Fire-Rescue and Wrightsboro Volunteer Fire-
Rescue
BRIEF SUMMARY:
The North Carolina Department of Insurance requires the realignment of the Ogden and Wrightsboro fire districts to include
any property remaining from the closing of Winter Park VFD and Seagate VFD. This is a formality for the state and does
not affect any property's insurance rating. It should be noted; however, that another realignment will become necessary at
a later date with the formation of the New Hanover County Fire Department Station 52 at Murrayville.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolutions and the attached realigned fire district maps for Ogden Fire-Rescue and Wrightsboro Volunteer Fire-
Rescue.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ ~
......., ......., :...!.i..:.......
-.- . -.- .
BO'Jndary resolutions Sta 11 ll.G7,dos BO'Jndary resolutions Sta 51 ll.G7,dos 2{N}7 _ 10_31_-aSJI_l S,pdf
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted the resolutions 5-0.
85
gn:~'c~ A RESOLUTION
'/',
9' t" OF THE
(':ft ',I
< 1" NEW HANOVER COUNTY
;\\..., '~ BOARD OF COMMISSIONERS
~~,
FOR APPROVAL OF FIRE INSURANCE DISTRICT BOUNDARIES
NEW HANOVER COUNTY
Upon motion by Commissioner
seconded by Commissioner , RESOLVED
that the Board of Commissioners of the County of New Hanover approve the
boundary lines of the Wriahtsboro Fire Response District. as assianed to the
Wriahtsboro Fire Rescue Department. in accordance with the map filed this
date with the Board of County Commissioners and recorded in the minutes of
the meeting. Said Wriahtsboro Fire Response District being described as
follows:
Exhibit A setting forth a map is attached hereto and incorporated herein.
This 19th day of November 2007.
William A. Caster, Chairman
Board of County Commissioners
(SEAL)
ATTEST
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY
This is to certifY that the foregoing is a true and accurate copy of an excerpt from
the Minutes of the Board of County Commissioners of New Hanover County, adopted
this 19thd day of November 2007.
Sheila L. Schult, Clerk to the Board
86
(r~ A RESOLUTION
OF THE
~AI
~ ;, NEW HANOVER COUNTY
'$\ . ,::1
,;0\ I~ BOARD OF COMMISSIONERS
"1.\..c IV'}:
""'~~
FOR APPROVAL OF FIRE INSURANCE DISTRICT BOUNDARIES
NEW HANOVER COUNTY
Upon motion by Commissioner
seconded by Commissioner , RESOLVED
that the Board of Commissioners of the County of New Hanover approve the
boundary lines of the Ogden Fire Response District. as assigned to the Ogden
Fire Rescue Department. in accordance with the map filed this date with the
Board of County Commissioners and recorded in the minutes of the meeting.
Said Ogden Fire Response District being described as follows:
Exhibit A setting forth a map is attached hereto and incorporated herein.
This 19th day of November 2007.
William A. Caster, Chairman
Board of County Commissioners
(SEAL)
ATTEST
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY
This is to certify that the foregoing is a true and accurate copy of an excerpt from
the Minutes ofthe Board of County Commissioners of New Hanover County, adopted
this 19thd day of November 2007.
Sheila L. Schult, Clerk to the Board
87
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90
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 10 Estimated Time: Page Number:
Department: Environmental Management Presenter: John Hubbard
Contact: John Hubbard
SUBJECT:
Consideration of a Resolution to Purchase 3.85 Acres of land Adjacent to the New Hanover County landfill
Entrance
BRIEF SUMMARY:
The Department of Environmental Management is requesting the purchase of 3.85 acres of land through Atlantic
Brokerage. The land is located adjacent to the southern property boundary of the landfill main entrance. Atlantic Brokerage
has been firm on a price of $100,000 per acre (for a total cost of $385,000).
The purpose of purchasing this land is to provide a location to construct a new landfill office building/maintenance garage,
parking area, portions of a relocated convenience drop-off site and eventual location of a permanent household hazardous
waste collection site. The current office building/garage is located in an area where, if utilized as landfill space, landfill
expansion would significantly extend the life of the landfill facility. This area is located on a portion of the "southern
property," which totals approximately 115 acres. Staff has begun the permitting process for this property this budget year.
Staff anticipates this property will be fully developed into space suitable for waste disposal in approximately seven years,
when the currently permitted space is full.
Relocation of the current office building/garage and conversion to landfill space will add approximately 3,575,000 cubic
yards of airspace to the site. This additional disposal volume represents approximately ten years of additional life
expectancy and at least $90 million in revenue.
In researching the availability of land adjacent to the landfill for this purpose, staff has been offered up to 12 acres of land by
Invista at a price of $50,000 per acre. Invista's property is adjacent to the landfill's southern property; however, it is located
in the far southern area of the site and has no direct access to Highway 421. While the price of Invista's property is
significantly lower, the location places administration offices and customer services areas far from the landfill entrance and
the scale house. Relocation of the office building/garage onto this property would isolate the infrastructure from the scale
house, customers, and other daily operations. In addition, a long road would need to be constructed in order to get to the
building, increasing cost. landfill administration needs to be as close as possible to the landfill entrance and scale house to
provide operations oversight, support for the weighmasters, and customer service.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution authorizing staff to purchase 3.85 acres of land (parcel # R02300-001-018-000) through Atlantic
Brokerage at a price of $385,000.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: This purchase will be funded through the New Hanover County General Fund
91
ATTACHMENTS:
~ ~ ~ ~
-.
--."~~
RES 0 LU T ION .Iandfillland. doc landfillpurchase pdf S o:Jth emj] ro j] erty .d ~ s 08-01 9 11-6-07 doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0 with modified language in the resolution on the budget ordinance.
92
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the Department of Environmental Management staffhas researched
locations to relocate the landfill's current administration building/maintenance garage as
preparations are made to expand the landfill to the southern 115 acres of property; and
WHEREAS, a 3.85 acre parcel ofland (parcel number R02300-001-018-000)
adjacent to the southern property boundary of the landfill entrance is available for
purchase through Atlantic Brokerage at $100,000 per acre; and
WHEREAS, locating the administration building/ maintenance garage at the
entrance to the landfill is the optimum location for customer service and oversite of
landfill scale operations; and
WHEREAS, utilizing the current location of the administration
building/maintenance garage location as landfill space would extend the life of the
landfill approximately 10 years which would equate to greater than $90 million in
revenue.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of New Hanover County that County staff purchase the 3.85 acres ofland
(parcel number R02300-001-018-000) through the General Fund at a price of $385,000.
This, the 19th day of November 2007.
(SEAL)
William A. Caster
Chairman, Board of County Commissioners
ATTEST:
Sheila L. Schult, Clerk to the Board
93
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AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-019
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 08-019 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Environmental Management
Department: Environmental Management/Landfill
Exnenditure: Decrease Increase
Landfill:
Capital Outlay - Land $385,000
Total $385,000
Revenue: Decrease Increase
Landfill:
Transfers in General Fund $385,000
Total $385,000
Fund: General Fund
Department: Finance/Non-Departmental
Exnenditure: Decrease Increase
Non- Departmental:
Transfers to Enterprise Funds $385,000
Total $385.000
Revenue: Decrease Increase
General Fund/Appropriated Fund Balance:
Appropriated Fund Balance $385,000
Total $385,000
Section 2: Explanation
To appropriate fund balance in General Fund for land purchase for the relocation of the
administration building and maintenance garage. The relocation of these buildings will allow for
expansion of the landfill. Prior to actions taken at this Board of County Commissioners meeting,
the revised Appropriated Fund balance is $8,836,176.
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 08-019 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, the County will
reimburse the General Fund from the Environmental Management Fund fund balance.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
(revised)
96
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 11 Estimated Time: Page Number:
Department: County Attorney Presenter: Bruce Shell, County Manager
Contact: Kemp Burpeau, Deputy County Attorney
SUBJECT:
Capital Project Ordinance-land Acquisition for Future Expansion of the Jail Facility
Property Acquisition, Blue Clay Road
Tax Parcel Nos. R02600-002-005-003 and R02600-002-005-000
BRIEF SUMMARY:
Two tracts of approximately 97.82 acres adjacent to the County Jail are available for $5,380,100. The parcels are owned by
Paul G. Burton and Burton Steel Co. Acquisition of these parcels will facilitate future jail expansion and judicial satellite
facilities. To hold the property until the Board considers the possible acquisition, the County Manager has entered into an
agreement with $1,000 earnest money, fully refundable in the event the Board elects not to proceed. At this time the Board
may choose to enter into the attached County format Buy-Sell, with a proposed closing on or before January 31, 2008.
Such agreement is contingent upon the usual conditions of an acceptable environmental and boundary survey and good
title. Ten thousand dollars earnest money is to be paid to the seller's agent, with a $1,000 credit for the deposit already paid
by the Manager. There will be an appraisal fee, environmental and other preparatory costs of $8,000.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider approval of Buy-Sell Agreement; request adoption of Capital Project Ordinance and approval of associated budget
amendment 2008-59 in the amount of $5,388,100.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
,......,
CPORD FUTURE J."',IL EXPM~S lor~ 1 1-l J.--~-7,dos 2008-59 1 1 - 13-07. doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider approval of Buy-Sell Agreement.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Commissioner Greer voting in opposition, with the recommendation that space be reserved for a fire station.
97
CAPITAL PROJECT ORDIANCE
FUTURE JAIL EXPANSION
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is purchasing land for the Future Expansion of the Jail
Facility. This capital project involves the acquisition and/or construction of capital assets.
2. County desires to authorize and budget for said project in a project ordinance adopted
pursuant to North Carolina General Statute S 159-13 .2, such ordinance to authorize all appropriations
necessary for the completion of said project.
3. The County desires to expend its own funds for the purpose of paying certain costs of the
project, for which expenditures the County reasonably expects to reimburse itself from the proceeds
of debt to be incurred by the County.
4. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury
Regulations to expressly declare the official intent of the County to reimburse itself from the
proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County
on or after the date, which is sixty (60) days prior to the date hereof.
NOW,\THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute S 159-13 .2.
2. The project undertaken pursuant to this ordinance is the Acquisition of Land and/or
Construction for Future Expansion of the Jail Facility, which project is herewith authorized.
3. The revenue that will finance said project is:
Installment Financing $5388.100
Total $5.388.100
4. The following appropriations necessary for the project are herewith made from the revenue
listed above:
Capital Project Expense $5.388.100
Total $5.388.100
5. This project ordinance shall be entered in the minutes of the Board of Commissioners of
New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the
Finance and Budget offices in New Hanover County, and with the Clerk to the Board of
Commissioners of New Hanover County.
Adopted the 19th day of November 2007.
William A. Caster, Chairman
ATTEST:
Sheila 1. Schult, Clerk to the Board
98
AGENDA: November 19, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-59
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-59 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Future Jail Expansion
Department: Finance
Revenue: Decrease Increase
Installment Financing $5,388,100
Total $5,388,100
Exnenditure: Decrease Increase
Capital Proiect Expense $5,388,100
Total $5,388,100
Fund: General fund
Department: Commissioners/Debt Service
Revenue: Decrease Increase
Appropriated Fund Balance $12,000
Total $12,000
Exnenditure: Decrease Increase
Debt Service-Interest on Bonded Debt $12,000
Total $12,000
Section 2: Explanation
The budget amendment is to establish the budget for the Future Jail Expansion Capital Project
according to the Capital Project Ordinance. It will also budget debt service payment (interest only)
required in Fiscal Year 2007-2008. Prior to actions taken at this Board of County Commissioners
meeting, the revised Appropriated Fund balance is $8,836,176.
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 2008-59 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, pursuant to Section
1.150-2 of the Treasury Regulations, the County may reimburse itself from the proceeds of any future debt
to be hereinafter incurred by the County for this land purchase.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
99
100
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 12 Estimated Time: Page Number:
Department: County Attorney Presenter: Dave Weaver, Assistant County Manager
Contact: Kemp Burpeau, Deputy County Attorney
SUBJECT:
Consideration of Interlocal Agreement, Water and Sewer Authority
BRIEF SUMMARY:
The proposed Interlocal Agreement, between the County, District, City and Cape Fear Pubic Utility Authority is a closing
document transferring title to the water and sewer system and enterprise funds and setting forth operation arrangements.
July 1, 2008 is the closing date. The agreement addresses various representations and warranties by the localities and the
Authority. The guiding principles previously established by the City and County are set forth in the preamble. The
proposed agreement is the result of many months of effort by the respective boards, employees and consultants working to
reach a mutually beneficial consensus. Various attachments to the agreement are in the process of being completed, and
the Board is asked to consider approval of this agreement at this time with an authorization to the County Manager and
County Attorney to finalize specific attachments.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider approval of the agreement. In that the County as well as the District are parties to this agreement, the identical
agenda item also appears on the District Agenda.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
Water and Sewer Inteerloca! WS Rev' 1 U72W7.doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider approval of the agreement.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the agreement and the resolution 5-0.
101
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the City of Wilmington (the "City"), New Hanover County (the
"County"), the New Hanover County Water and Sewer District (the "District"), and the
Cape Fear Public Utility Authority have negotiated an "Inter-Local Agreement for
Transfer of Assets and Operation of Water and Sewer Systems" pursuant to which the
Authority will acquire by various means certain assets used in the operation of the City
and District's water and sewer systems; and
WHEREAS, N.C.G.S. 160A-461 authorizes units of local government to enter
into agreements to execute any undertaking.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County
Board of Commissioners hereby approves the Inter-Local Agreement in the form
attached hereto as Exhibit A and incorporated herein by reference. Approval is
contingent upon the exhibits to be attached to the Inter-Local Agreement being
acceptable to the County Attorney and County Manager. The officers of the County are
authorized to execute the Inter-Local Agreement and any documents specified in or
contemplated by the Inter-Local Agreement in such form as approved by the County's
Attorney. The County's Attorney with the assistance of the Chairman of the Board of
County Commissioners and County Manager is authorized and directed to complete the
exhibits to the Inter-Local Agreement in accordance with the terms and conditions
thereof.
ADOPTED the 19th day of November 2007.
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
102
REVISED DRAFTas of 11.07.2007
Table of Contents
ARTICLE I DEFINITIONS
Section 1.1
ARTICLE II CONVEYANCE OF SYSTEM
Section 2.1 Purpose of Agreement 10
Section 2.2 Conveyance of System 10
Section 2.3 Operation of System 10
Section 2.4 Real Property and Rights and Privileges as to Real Property 10
(A) Real Property
(B) Rights and Privileges
Section 2.5 Personal Property 11
(A) Motor Vehic1es
(B) Equipment and Furnishings
(C) Software Licenses
Section 2.6 Permits 11
Section 2.7 Assignment of Prior Agreements 12
Section 2.8 Assumption of Claims and Liabilities 12
Section 2.9 Non-profit Corporations 12
Section 2.10 Indebtedness 12
(A) Assumption and Payment by Authority
(B) After Closing
ARTICLE III REPRESENTATIONS AND WARRANTIES OF THE LOCALITIES
Section 3.1 Authorization 13
Section 3.2
Section 3.3
Section 3.4 Known Orders, Decrees and Litigation 13
Section 3.5 No Violations of Law 14
Section 3.6 Permits, Licenses and Certificates 14
ARTICLE IV REPRESENTATIONS AND WARRANTIES OF THE AUTHORITY
Section 4.1 Authorization 14
Section 4.2 Non-contravention 14
Section 4.3 Notice 14
Section 4.4 No Known Litigation 14
Section 4.5 No Violations of Law 15
1
103
REVISED DRAFT as of 11.07.2007
ARTICLE V COVENANTS OF THE LOCALITIES
Section 5.1 Access to Information 15
Section 5.2 Fiscal Agent 15
Section 5.3 Additional Services 15
Section 5.4 Cooperation 15
(A) Transactions
(B) Permits
(C) Authority Review
Section 5.5 Authority to Provide All Utility Service 16
ARTICLE VI COVENANTS OF THE AUTHORITY
Section 6.1 Access to Information 16
Section 6.2
Section 6.3 Billing and Collection of Accounts Receivable 16
(A) Billing for Stormwater and Solid Waste
(B) Collection of Storm water and Solid Waste Accounts Receivable
(C) Collection after Closing of Outstanding Accounts
Receivable
Section 6.4 Rates, Fees and Charges 17
(A) Rate Schedule
(B) Rate Equalization
(C) Fire Hydrants
Section 6.5 Financing, Budgeting and Compliance 17
(A) Fiscal Year
(B) Finance and Budget
(C) Compliance
Section 6.6 Provision of Services 18
(A) Services
(B) Permits
(C) Business
(D) Non-profit Corporations
(E) Standards
(F) Future Expansions
(G) Fire Hydrants
(H) Stormwater Management
Section 6.7 Personnel 20
(A) Transition until Closing
(B) Transition after Closing
(C) Locality Employees Immunities
(D) Authority Employees and Compensation
(E) Benefits
2
104
REVISED DRAFT as of 11.07.2007
(F) Retirement
(G) Post-retirement Health Care
(H) Accrued Vacation
(I) Accrued Sick Leave
(J) Accrued Holidays
(K) Personnel Records
Section 6.8 Insurance 22
(A) Coverages
(B) Self Insured Retention
(C) Certificates
Section 6.9
Section 6.10 Hold Harmless and Indemnity 24
Section 6.11 Cooperation 24
Section 6.12 Regulation. Compliance with Laws and Agreements 25
(A) Ordinances and Regulations
(B) Compliance with Law
(C) Compliance with Agreements
ARTICLE VII CLOSING AND EFFECTIVE DATE
Section 7.1 25
Section 7.2 25
Section 7.3
(A) Local Government Commission Approval
(B) Transfer of Permits
(C) Consents to Assignments of Agreements
(D) Transfer of Consent Order
(E) Trustee and Bond Insurer Consent
(F) Insurance
(G) Pending Legal Proceedings
(H) Budget, Rate Schedules, Utility Extension Policies, CIP,
Ordinances and Regulations
(I) MFSG Opinion
(J) Non-profit Corporation Articles of Incorporation
(K) Representations and Warranties
Section 7.4 Remedies and Effective Date 27
(A) Effective Date and Duration
(B) Termination Prior to Closing
(C) Judicial Action
(D) Rights upon Dissolution or Failure to Operate
3
105
REVISED DRAFT as of 11.07.2007
ARTICLE VIII MISCELLANEOUS
Section 8.1 Expenses 28
Section 8.2
Section 8.3 Notices 28
Section 8,4 Headings 29
Section 8.5 Entire Agreement 29
Section 8.6 Amendment 29
Section 8.7 Counterparts 29
Section 8.8 Assignment 29
Section 8.9 Binding Effect 29
Section 8.10 Governing Law 29
Section 8.11 Continuing Obligation 30
Section 8.12 Survival of Representations. Warranties. Covenants and Agreements 30
Section 8.13
Section 8.14
Section 8.15 Waiver 30
4
106
REVISED DRAFT as of I 1.07.2007
INTERLOCAL AGREEMENT
For Transfer of Assets and Operation of Water and Sewer Systems
THIS INTERLOCAL TRANSITION AND OPERATING AGREEMENT dated as
of the _ day of , 2007 (this "Agreement") is made among NEW
HANOVER COUNTY, a political subdivision of the State of North Carolina (the "County");
the CITY OF WILMINGTON, a municipality of the State of North Carolina (the "City"); the
NEW HANOVER COUNTY WATER AND SEWER DISTRICT, a public body politic and
corporate of the State of North Carolina (the "District"); and the CAPE FEAR PUBLIC
UTILITY AUTHORITY, a public body politic and corporate of the State of North Carolina
(the "Authority").
WITNESSETH:
WHEREAS, after extensive discussion, the City Council and the County Board of
Commissioners have concluded that a "consolidated" water and wastewater authority would be
the best vehicle for ensuring the citizens of their localities the most reliable means of providing
quality water and wastewater treatment.
WHEREAS, N.C.G.S. S160A-461 authorizes units of government to enter into
agreements with each other in order to execute an undertaking.
WHEREAS, the County and the City desire an Authority that shall maintain or enhance
quality of service.
WHEREAS, the County, the City, the District and the Authority desire to enter into an
interlocal agreement for the transfer of the City, County and District water and sewer systems as
identified in Exhibits B through I, inclusive, excluding stormwater, to the Authority for operation
by the Authority.
WHEREAS, the County and the City used certain guiding principles for the creation of
an authority to consolidate their water and sewer services, as follows:
(1) Both the County and City will be equal partners.
(2) One goal is to achieve equal rates for both the County and the City customers.
(3) All of the County and the City water and sewer assets will be transferred to the
Authority to serve the customers for the common good of both localities.
(4) Existing City and County employees, in recognition of their history of valuable
and dedicated service and of the continuing need for their service, will be treated
as fairly as possible. All existing County and City employees will be offered a
position. Retirement benefits will continue with the present State/Local
government system.
S
107
REVISED DRAFT as of 11. 07. 2007
(5) The costs to customers for services will not be more than if the County and the
City systems remained separate.
(6) The geographic jurisdiction of the new Authority initially will consist of the City
of Wilmington and the District. Provisions will be made, however, for continued
relations with other jurisdictions through interlocal agreements.
WHEREAS, the County and the City formed the Water and Sewer Advisory Committee
to guide the consolidation of the County and the City water and sewer systems and to make
recommendations for a consolidated water and sewer utility authority. The Advisory Committee
made recommendations to the County and the City as follows:
(1) The Authority's mission is to provide high quality water and sewer service in an
environmentally responsible manner while maintaining the lowest practicable
cost.
(2) The County and the City elected officials shall appoint the members of the
Authority by March 31, 2007 or as soon thereafter as possible. The elected
officials select a name for the new Authority at that time such as the Cape Fear
Utility Authority.
(3) The County and the City elected officials approve the Articles of Incorporation
recommended by the Advisory Committee. The geographical limits of the new
Authority initially consist of New Hanover County Water and Sewer District and
the City of Wilmington. Active dialogue be continued with other nearby entities
to ensure that future regional opportunities are kept open.
(4) The Authority adopt the following principles in establishing utility rates and fees:
(a) Future growth in the utility systems should generally be paid for by new
development.
(b) Utility customers will pay to operate and maintain the systems, but not for
capacity built for/used by new customers.
(c) Current (January 2007) connection fees should be charged to existing
unsewered customers at the time they connect to the sewer system
provided they do not require a new building permit. Therefore, the
County's sales tax subsidy should be maintained at its current level.
(5) Internal communication be a high priority for the Authority once it is formed in
March 2007 and that answers to employee questions concerning salary, benefits
and job placement be answered as quickly as possible.
(6) The work of the employee working groups in 2006 continue to be given full
consideration in the formation of the new Authority. A new round of employee
workings groups be formed to address new and additional issues during 2007.
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(7) The organizational structure illustrated in Figure 1 on page 16 of the Advisory
Committee Recommendations a copy of which is marked Exhibit A and attached
hereto and made a part hereof, be adopted for the Authority.
(8) Consideration of the possible addition of stormwater management responsibilities
to the Authority be delayed for a reasonable period of time to allow the Authority
to establish a sound operating platform for its water and sewer responsibilities.
(9) Until December 31, 2009 the members of the Authority be compensated per
meeting in addition to being reimbursed for all reasonable expenses incurred
related to Authority activities. The Authority make every effort to televise all of
its meetings.
WHEREAS, the County and the City appointed the members of the Authority and in
June 2007 by Concurrent Resolution the County and the City voted to create the Authority
pursuant to Chapter 162A, Article I of the North Carolina General Statutes, known as the North
Carolina Water and Sewer Authorities Act, as amended (the "Act").
WHEREAS, the Authority was organized to exercise all of the rights, powers and duties
granted to an authority by the Act, except stormwater unless specifically approved by the County
and the City; and the County and the City currently retain the operation and management of their
respective stormwater management systems and programs, if any, for an indefinite period.
WHEREAS, the Authority was created on July 2, 2007 at which time the North Carolina
Secretary of State issued a certificate of incorporation for the Authority.
WHEREAS, N.C.G.S. S162A-14 provides that pursuant to N.C.G.S. S160A-274 and
subject to the approval of the Local Government Commission, a county and municipality,
including a Water and Sewer District, may convey to a water and sewer authority, upon such
terms and conditions as the county or municipality and the authority deem reasonable and fair,
the whole or part of any water and sewer system.
WHEREAS, the County, the City and the District desires to convey their water and
sewer systems, except stormwater, to the Authority.
WHEREAS, the Authority desires to accept the County, City and District water and
sewer systems, except stormwater, and will use and operate these systems in accordance with the
terms of this Agreement to serve its designated service areas and such other political
subdivisions and private entities as the Authority may determine from time to time upon the
terms and conditions established pursuant to contract in accordance with its Articles of
Incorporation and the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing premIses and the
representations, warranties, covenants and agreements contained herein, the County, the City, the
District and the Authority agree as follows:
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ARTICLE I
DEFINITIONS
Section 1.1 Definitions
The following words and terms shall have the following meanings unless the context
otherwise requires:
"Authority" means the Cape Fear Public Utility Authority created by the City of
Wilmington and New Hanover County.
"Closing" or "Closing Date" means the date of closing of all the transactions necessary
and contemplated in this Agreement which will be on July 1, 2008, unless extended by the
parties.
"County" hereinafter means collectively the County of New Hanover, North Carolina and
the New Hanover County Water and Sewer District.
"City" means the City of Wilmington, North Carolina.
"District" means the New Hanover County Water and Sewer District.
"Improvements" means any additions, enlargements, improvements, extensions and
alterations to the System.
"Localities" means collectively the County of New Hanover, the New Hanover County
Water and Sewer District and the City of Wilmington.
"Locality" means the County, the City or the District.
"Parties" means all of the parties to this Agreement; "Party" means any party to this
Agreement.
"Real Property" means the real property as identified on Exhibit B, which is attached
hereto and made a part hereof by reference.
"Revenues" shall have the meaning set forth in N.C.G.S. S 159-81.
"Rights and Privileges as to Real Property" means the rights to use all water and sanitary
sewer easements of record and any easements or any other interest in the Real Property for the
installation, location, operation and maintenance of any portion of a Locality's water and sewer
systems, excluding stormwater; all of the licenses, possessory interests, unwritten easements and
other rights and privileges, including judgments, possessed, owned or enjoyed by any of the
Localities as of the date of this Agreement and used in the current operation of their water and
sewer systems, excluding stormwater, and including, but not limited to, easement rights where
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parts of such water and sewer systems are on property owned in fee by any of the Localities or
where no formal written easements have been conveyed as these relate to any of the Real
Property .
"System" means the water and sewer systems of the Localities, excluding stormwater,
and all of the assets used by the County, the City and the District to operate and maintain the
System as operated immediately before the Closing, as follows:
(1) Real Property and Rights and Privileges as to Real Property; and
(2) Personal property identified in Exhibits C and D, and (all customer deposits, cash,
securities, and accounts receivable and other Revenues of the System, and
amounts on deposit in the County's and the City's respective water and sewer
utilities enterprise funds less any deductions therefrom authorized by this
Agreement identified in Exhibit E), and to the extent transferable the personal
property identified in Exhibit F, all of which Exhibits are attached hereto and
made a part hereof by reference; and
(3) Additional real property, rights and privileges as to real property and personal
property acquired by any of the Localities and used as part of their water and
sewer systems, excluding stormwater, prior to the Closing; and
(4) Federal, State and local governmental permits, licenses, certificates, agreements
and other authorizations and approvals (to the extent that they are transferable)
held by any of the Localities which are necessary for or used in the operation of
their water and sewer systems, including those identified in Exhibit G, which is
attached hereto and made of part hereof by reference (collectively the "Permits");
and
(5) Rights of any of the Localities under all interlocal agreements, contracts and
leases relating to their water and sewer systems to the extent that they are
transferable and as identified in Exhibit H, which is attached hereto and made a
part hereof by reference; and
(6) Indebtedness of the Localities in connection with their water and sewer systems,
including but not limited to those set forth in Exhibit I, which is attached hereto
and made a part hereof by reference; and
(7) Any and all other property, real, personal, tangible or intangible used by the
Localities exclusively in the operation of the System, and any such property used
with the System and also with other divisions or facilities of the Localities and
which are no longer needed for such divisions or facilities and which can be
reasonably subdivided or separated.
"Transition" means the period of time beginning July 2, 2007 through the Closing Date.
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ARTICLE II
CONVEYANCE OF SYSTEM
Section 2.1 Purpose of Aereement
The purpose of this Agreement is to provide for the transition and transfer of the System
from the Localities to the Authority and to set forth certain rights, responsibilities and obligations
of the Parties relating to the transition, transfer, operation, maintenance, management, extension
and improvement of the System.
Section 2.2 Convevance of System
The Localities hereby agree to lease, lend, license, grant, assign or convey and deliver the
System to the Authority, and the Authority hereby agrees to lease, borrow, purchase, accept,
acquire and assume from the Localities the System in accordance with the terms and conditions
in this Agreement. The Localities make no representations or warranties as to the physical
condition of the System or any part thereof. Any conveyance, assignment, lease or license of the
System or any part thereof is in its "AS IS" condition. Any conveyance, assignment, lease or
license ofthe System shall be subject to all outstanding liens, deeds of trust, easements and other
encumbrances. The value of the System is set forth in Exhibit J, which is attached hereto and
made a part hereof by reference.
Section 2.3 Operation of Svstem
Prior to Closing, the Localities shall continue to operate, manage, maintain and construct
their respective System. The Parties understand that the assets and other things identified in the
Exhibits may change after the execution of this Agreement as the Localities continue operation
of the System until the Closing Date, at which time the Exhibits will be updated to reflect the
current assets of the System and other things identified in the Exhibits. Possession of the System
shall be delivered to the Authority at Closing. The Authority shall operate, manage, maintain,
and construct the System on or after the Closing Date, in accordance with the terms of this
Agreement. The Parties hereto shall undertake required actions, as necessary, so that the
Authority will be prepared to operate the System on the Closing Date.
Section 2.4 Real Property and Riehts and Privileees as to Real Property
(A) Real Property. At Closing, the Localities shall convey their respective interests
in the Real Property by non-warranty deed, subject to any and all recorded encumbrances and
easements. The Localities may reserve the right to use for governmental uses, including but not
limited to public recreation, stormwater drainage, and/or governmental telecommunications, any
of the Real Property to be conveyed to the extent said use is not inconsistent with the operation
of the System by the Authority. If any indebtedness precludes a fee conveyance of any of the
Real Property at Closing, the Locality owner of such property shall enter into a lease, operations
agreement or other agreement for the use of the property with the Authority until the debt
obligations are discharged, and a fee conveyance is permissible. The Localities shall not extend
the maturity date of such existing indebtedness through refinancing or otherwise.
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(B) Rights and Privileges. At Closing, the Localities shall transfer, assign or license
to the Authority their respective Rights and Privileges as to Real Property and any North
Carolina Department of Transportation encroachments used in connection with the System,
however, the Localities may reserve any easements or other rights they have for other than for
the provision of water and sewer services. So long as it would not interfere with the operation of
the System, the Authority shall convey to any of the Localities upon request and at no cost such
easements for public purposes as any of the Localities need on the Real Property, any other real
property transferred by any Locality to the Authority and any other real property acquired by the
Authority.
Section 2.5 Personal Property
(A) Motor Vehicles. At Closing, the Localities shall convey by bill of sale or lease at
the Authority's discretion, and shall deliver to the Authority, at the Authority's discretion, those
motor vehicles identified in Exhibit C. These vehicles shall be transferred, conveyed or leased to
the Authority with no warranties from the Localities, but with any available manufacturer
warranties. The Authority shall maintain and keep these vehicles in good repair. If the vehicles
are leased to the Authority, upon the sale of the motor vehicles the Authority shall be entitled to
any sale proceeds and the Authority shall be entitled to any insurance proceeds received for
damage to any of such vehicles. Any costs associated with the transfer of vehicles by bill of sale
shall be paid by the Authority.
(B) Equipment and Furnishings. At Closing, the Localities shall convey by bill of
sale and deliver to the Authority the equipment and office furnishings identified in Exhibit D.
This equipment and office furnishings shall be transferred to the Authority with no warranties
from the Localities, but with any available manufacturer warranties.
(C) Software Licenses. If transferable and if the Localities no longer need the
software for the remaining operation, at Closing the Localities shall transfer to the Authority
their licenses and rights to software customer information, receipting, and billing systems
utilized for the System and identified in Exhibit F. Any costs associated with such transfer shall
be paid by the Authority.
Section 2.6 Permits
The Localities shall give any required notice and request the transfer of the Permits to the
Authority. The Authority and Localities shall cooperate in obtaining the transfer of the Permits
and shall assume all rights, responsibilities and obligations of the Localities under these Permits
and any other permits for the operation of the water and sewer systems. All new, renewed or
amended permits shall be applied for and issued in the name of the Authority. After the Closing
Date, the Authority shall pay any fines, fees, penalties or costs levied on any of the Localities or
the Authority by any cognizant federal or state regulatory agency for violations of any applicable
laws, regulations or permits relating to the System and the Permits.
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Section 2.7 Assienment of Prior Aereements
The Localities are parties to certain outstanding interlocal agreements with each other and
other political subdivisions, water and sewer authorities or other entities relating to the System
and relating to communication/antenna identified in Exhibit H. At Closing, these existing
agreements and any other agreements entered into by any of the Localities prior to Closing shall
be assigned to the Authority. The Authority shall accept the assignment and shall assume all
rights, responsibilities and obligations of the Localities under these agreements. To the extent
required by these agreements, the Localities consent and agree to the assignment of these
agreements to the Authority. The Authority's assumption of the rights, responsibilities and
obligations of the Localities under these agreements shall not be inconsistent with the terms and
obligations of any outstanding bonds or debt documents issued to fund water and sewer services.
Section 2.8 Assumption of Claims and Liabilities
At Closing, the Authority shall assume all claims, liabilities, litigation and obligations of
the Localities relating to the System including but not limited to those set forth in Exhibit K. The
cost of the defense and resolution of any System claims presented or System litigation involving
any Locality as a defendant shall be paid by the Authority.
Section 2.9 Non-profit Corporations
The Wilmington City Council serves as the Board of Directors of Cape Fear Utilities, Inc.
and Quality Water Supplies, Inc., both North Carolina non-profit corporations, (hereinafter the
"Non-profit Corporations"). The Non-profit Corporations shall continue to exist for the purpose
of the ownership and operation of the existing water distribution system located in New Hanover
County and providing water services within the jurisdiction of the City and its surrounding area.
The Wilmington City Council shall amend the Articles of Incorporation for the Non-profit
Corporations to increase the number of directors to eleven and to provide that the directors shall
be the members of the Authority and shall be deemed appointed and serve by virtue of their
offices as members of the Authority.
Section 2.10 Indebtedness
(A) Assumption and Payment by Authority. At and after Closing, the Authority
shall assume and/or pay all of the indebtedness of the Localities in connection with the System
including but not limited to those set forth in Exhibit 1. If an indebtedness of a Locality is not
assignable by a Locality, the Authority shall pay to the respective Locality not less than thirty
(30) days in advance of such Locality due dates on the indebtedness an amount equal to the
scheduled payments of principal and interest for such indebtedness and other charges or fees
related to the indebtedness. The schedule of payments for the indebtedness that is not assignable
is included in Exhibit 1. Any payment due from the Authority to the County for the indebtedness
of the County shall be reduced by $1.9 million each year for the initial five years of this
Agreement after Closing; by $1.577 million for the sixth year, by $1.254 million for the seventh
year, by $950,000.00 for the eighth year, by $627,000.00 for the ninth year and by $304,000.00
for the tenth year (such amounts are referred to herein as the "debt payment reduction amounts").
If during any year of this Agreement the County does not have scheduled payments of principal
and interest on outstanding indebtedness that are equal to or greater than the debt payment
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reduction amounts, the County shall remit to the Authority by the end of such year, the
difference between the scheduled payments and the debt payment reduction amount for such
year. After the tenth year, the Authority shall pay all of the scheduled payments of principal and
interest for such County indebtedness not assigned to the Authority. Nothing herein shall
prevent the Authority from pre-paying or defeasing such debt.
(B) After Closing. After Closing, neither the County nor the City shall incur any
indebtedness for the System.
ARTICLE III
REPRESENTATIONS AND WARRANTIES OF THE LOCALITIES
As of the date of this Agreement the Localities represent and warrant to the Authority the
following:
Section 3.1 Authorization
The Localities each have the power and authority to execute this Agreement; to lease,
lend, license, grant, assign or convey and deliver the System and any part thereof to the
Authority as set forth in this Agreement; and to consummate the transactions as set forth in this
Agreement. The execution of this Agreement by the Localities has been duly authorized by the
governing bodies of the Localities. The Localities shall obtain all necessary consents, approvals
and agreements required by each of them to consummate the transactions set forth in this
Agreement.
Section 3.2 Non-contravention
The execution by the Localities of this Agreement does not, and the consummation of
any of the transactions set forth herein will not (a) violate or result in a breach of any provision
of any applicable Locality charter; (b) violate or constitute a default under the terms, conditions
or provisions of any note, bond, mortgage, lien, lease, agreement, license, indenture, instrument,
or other instrument or obligation to which any of the Localities is a party or by which any of the
Localities or the System is bound; or (c) violate any order, writ, injunction, arbitration award,
judgment, decree, statute, rule or regulation applicable to any of the Localities or the System.
Section 3.3 Notice
No notice or other action of any of the Localities is required for the execution of this
Agreement by the Localities or in connection with the consummation of any of the transactions
set forth herein except those identified herein.
Section 3.4 Known Orders. Decrees and Litieation
There are no known existing fines, penalties, notices, actions, controversies, judgments,
orders or decrees of any court, arbitrator, governmental department, commission, agency or other
instrumentality, or any litigation regarding ownership and operation of the System except those
identified in Exhibit K which is attached hereto and made a part hereof by reference.
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Section 3.5 No Violations of Law
To the best of the Localities' knowledge, their participation in this Agreement does not
violate any Federal, State or local law, statute, rule, regulation or ordinance.
Section 3.6 Permits. Licenses and Certificates
The Localities have applied for or hold all governmental permits, licenses, certificates,
agreements and other authorizations, approvals from appropriate Federal, State or other public
authorities required to own and/or operate their respective system. These permits are identified
in Exhibit G.
ARTICLE IV
REPRESENTATIONS AND WARRANTIES OF THE AUTHORITY
As of the date of this Agreement, the Authority represents and warrants to the Localities
the following:
Section 4.1 Authorization
The Authority has the power and authority to execute this Agreement; to lease, borrow,
purchase or accept, acquire and assume the System and any part thereof as set forth in this
Agreement and to consummate the transactions set forth in this Agreement. The execution of
this Agreement by the Authority has been duly authorized by the Authority. The Authority shall
obtain all necessary consents, franchises, approvals and agreements required on its part to
consummate the transactions set forth in this Agreement.
Section 4.2 Non-contravention
The execution by the Authority of this Agreement does not, and the consummation of any
of the transactions set forth herein will not (a) violate or result in a breach of any provisions of
the Authority's Articles ofIncorporation and Bylaws; (b) violate or constitute a default under the
terms, conditions or provisions of any note, bond, mortgage, lien, lease, agreement, license,
indenture, instrument, or other instrument or obligation to which the Authority is a party or by
which the Authority or the System is bound; or (c) violate any order, writ, injunction, arbitration
award, judgment, decree, statute, rule or regulation applicable to the Authority or the System.
Section 4.3 Notice
No notice or other action of the Authority is required for the execution of this Agreement
by the Authority or in connection with the consummation of any of the transactions set forth
herein except those identified herein.
Section 4.4 No Known Liti2;ation
There are no known existing notices, actions, controversies, judgments, orders or decrees
of any court, arbitrator, governmental department, commission, agency or other instrumentality,
or any litigation against the Authority regarding its potential ownership and operation of the
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System. No litigation, proceeding or controversy is pending against the Authority before any
court or any governmental agency which may have any adverse effect upon the Authority.
Section 4.5 No Violations of Law
To the best of the Authority's knowledge, its participation in this Agreement does not
violate any Federal, State or local law, statute, rule, regulation or ordinance.
ARTICLE V
COVENANTS OF THE LOCALITIES
Section 5.1 Access to Information
From the date hereof until Closing, the Localities shall afford the Authority and its
authorized representatives reasonable access, during normal business hours and upon reasonable
notice, to all of the assets, properties, books, records, drawings, plans, as-builts, specifications,
plats, maps, customer history and agreements of the Localities relating to the System, subject to
North Carolina law.
Section 5.2 Fiscal Aeent
From the date hereof until Closing, at the option of the Authority and with the consent of
the respective Locality, one of the Localities may choose to act, for such time as agreed upon by
such Party, as fiscal agent for the Authority with cost paid from the respective Locality's water
and sewer enterprise fund. As fiscal agent, the Locality shall process accounting and all
disbursements including payroll, purchasing, general ledger and accounts payable. The
Authority shall provide necessary information to the Locality. All cash of the Authority may be
invested by the Locality Finance Officer in a pooled cash arrangement. Investment income will
be allocated to the Authority on a monthly basis. Separate long term investments may be made
in the name ofthe Authority.
Section 5.3 Additional Services
With costs paid from the respective Locality's water and sewer enterprise fund, the
Localities will continue to provide services for the Authority as necessary for operations at the
Authority's request until Closing. After Closing, the Authority may choose to contract with the
Localities for selected services.
Section 5.4 Cooperation
(A) Transactions. The Localities shall cooperate with each other and the Authority
in consummating the transactions set forth in and contemplated by this Agreement. The
Localities will, at the request of each other and the Authority, join in taking any action which,
though not specified herein, may be reasonably required to be taken in order to consummate the
transactions set forth in and contemplated by this Agreement.
(B) Permits. The Localities and the Authority shall cooperate in transferring the
Permits, licenses and certificates necessary for the operation of the System to the Authority.
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(C) Authority Review. Prior to Closing, agreements undertaken or incurred by the
Localities that materially impact the future operation and/or maintenance of the System shall be
submitted to the Authority for a fifteen (15) day review and comment period. In addition,
consents, decrees or judgments undertaken or incurred by any Locality that impacts the future
operation and/or maintenance of the System shall be submitted to the Authority for a fifteen (15)
day review and comment period.
Section 5.5 Authority to Provide All Utility Service
So long as the Authority is meeting the water and sewer needs of the residents and
businesses in the City and the District, the Localities shall not without the prior written consent
of the Authority acquire or produce potable water or sewer collection and treatment capacity
from any source other than the Authority or engage in water or sewer collection/treatment
enterprises.
ARTICLE VI
COVENANTS OF THE AUTHOIDTY
Section 6.1 Access to Information
From the date hereof until Closing, the Authority shall afford the Localities and their
authorized representatives reasonable access, during normal business hours and upon reasonable
notice, to all of the assets, properties, books, records, drawings, plans, as-builts, specifications,
plats, maps, customer history and agreements of the Authority, subject to North Carolina law.
The Authority shall provide the County Clerk and the City Clerk a copy of the Authority's
calendar of regular meetings, its membership list with contact information as updated from time
to time, timely notices of all meetings, agendas, agenda packages with all attached documents
and minutes of all meetings, including committee meetings.
Section 6.2 Expenses of Authority
The Authority shall pay all costs for professional services related to contracts entered into
by the Authority for the consolidation effort. The County and the City will deduct from their
respective water and sewer enterprise funds their costs incurred for the creation and operation of
the Authority and the transfer of the System to the Authority through the Closing Date. The
Authority shall pay to the County and the City any costs incurred by the County and the City
after Closing relating to such creation, operation and transfer.
Section 6.3 Billine and Collection of Accounts Receivable
(A) Billing for Stormwater and Solid Waste. The Authority shall bill the
Localities' residents and customers for stormwater and solid waste services provided by the
Localities at the incremental cost of the Authority. Billing shall include customer services
relating to the bill. If full payment is not received by the Authority from residents and customers
for all of the services billed, the amount received shall be applied first to stormwater, second to
solid waste, third to sewer and last to water. All amounts collected by the Authority for
stormwater and solid waste services shall be paid to the Localities weekly.
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(B) Collection of Stormwater and Solid Waste Accounts Receivable. If authorized
by law, the Authority shall collect on behalf of the Localities and at the incremental cost of the
Authority any delinquent amounts due for stormwater and solid waste services and pay the
amount of delinquency collected to the Locality to which it was due.
(C) Collection after Closing of Outstanding Accounts Receivable. The Authority
shall collect and receive all payments for services furnished by the System not yet collected by
the Localities prior to or on or after the Closing Date. The Authority shall collect and remit to
the Localities weekly until fully collected, along with current collections, any outstanding
accounts receivable for stormwater and solid waste services existing before Closing.
Section 6.4 Rates. Fees and Charees
(A) Rate Schedule. On and after Closing, the Authority shall establish and revise
from time-to-time schedules of rents, rates, fees, charges and penalties for the use of the services
of the Authority. Such schedules may vary according to classes of service in accordance with
applicable law. The Authority's initial rate schedule shall consider the Municipal Financial
Services Group, LLC ("MFSG") rate study. Provided, however, at all times, rents, rates, fees,
charges and penalties shall generate sufficient revenue to meet all costs of operating and
maintaining the water and sewer systems, all debt service costs, all operating capital, a
reasonable reserve for improvements and enlargements, and all other direct or indirect costs or
expenses necessary or desirable for the provision of water and sewer services in the service area.
In addition, rents, rates, fees, charges and penalties shall satisfy any rate covenants in any
revenue indebtedness of the County, the City or the Authority.
(B) Rate Equalization. Wastewater and water rates charged to the residents and
customers of the City and the District by the Authority shall be equalized for equal services
within one (1) year of the Closing Date. Once equalized, such rates shall remain equal for equal
services for System users in the City and the District.
(C) Fire Hydrants. The Authority may not impose fire hydrant rentals or a fire
protection charge on either the County, the City or the New Hanover County Fire District.
Section 6.5 Financine. Budeetine and Compliance
(A) Fiscal Year. The fiscal year of the Authority shall commence on July 1 of each
year and shall terminate on the following June 30.
(B) Finance and Budget. The Authority shall establish guidelines, policies and/or
procedures for the efficient and sound fiscal management of the Authority not inconsistent with
the Local Government Budget and Fiscal Control Act (hereinafter "Budget Control Act"). The
Authority shall prepare an annual budget for the operation of the System in accordance with the
Budget Control Act. Should the Localities propose to fund or otherwise sponsor a project or
projects that impacts the budget of the Authority, a detailed budget for this work must be
submitted to the Authority in accordance with the Authority's budget schedule.
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(C) Compliance. The Authority shall comply with all covenants, conditions and
requirements of the indebtedness in connection with the System including, but not limited to, the
satisfaction of all rate covenants.
Section 6.6 Provision of Services
(A) Services. The Authority shall operate the System for the primary benefit of the
Authority's service area and shall provide water and sewer utility services to the areas of the City
and the District currently being served by the System. The Authority shall meet any additional
sewer collection/treatment and potable water supply, treatment and distribution needs of the
residents and businesses of the City and the District that are not currently provided water or
sewer by any other governmental entity or private or public utility, subject to limitations upon
the Authority's ability to do so caused by (a) the amount of potable water supply, treatment
capacity and distribution lines and sewer treatment capacity and collection lines available to the
Authority, (b) lack of discharge capacity for the Authority's sewer system, (c) completion of any
improvements the Authority elects to make to enable it to provide water and sewer service, and
(d) compliance with any applicable laws and governmental regulations.
The Authority shall use reasonable efforts to develop additional potable water supply,
treatment and distribution facilities and sewer collection/treatment capacity to meet the needs of
all of its customers and will use fmancial planning practices, policies and procedures that are in
the opinion of the Authority reasonably sound to provide funds, through water and sewer user
rates, impact fees and related charges, loans, and other available funds, necessary to provide the
facilities to meet such needs.
Except for existing InterIocal Agreements in Exhibit H, the Authority shall not provide
water and sewer utility services outside the City and the District if providing such service, in the
opinion of the Authority's Staff or consulting engineer licensed in the State of North Carolina,
the City Engineer or the County Engineer will adversely affect the Authority's ability to meet the
water and wastewater needs of the City and the District. To assist in making this determination,
the Authority shall submit to the Localities a report containing a complete description ofthe
proposed utility service and the available water supply/distribution and sewer
collection/treatment capacity. If the City Engineer or the County Engineer is ofthe opinion that
such utility services will decrease the ability of the Authority to meet the water and wastewater
needs of the City or the District or that such services cannot be provided with full cost recovery
payment for the proposed service, without delay in the capital improvement projects or
development in the City and the County, or without an increase in rates to the City and District
customers, then the Authority shall not provide such services.
(B) Permits. The Authority shall maintain in good standing the Permits and any
other operation permits from the State of North Carolina Division of Water Quality and any
other applicable Federal, State and local governmental permits, licenses, certificates, agreements
and other authorizations and approvals necessary for the operation of the water and sewer
systems, excluding stormwater.
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(C) Business. The Authority shall operate, maintain and manage the System in a
prudent, economical and efficient manner and in a good and businesslike manner, making all
necessary and proper repairs, replacements and renewals consistent with good business and
operating practices for comparable facilities in accordance with applicable standards of
regulatory bodies.
(D) Non-profit Corporations. The Authority shall operate the Non-profit
Corporations and their water distribution system so as to be consistent with the terms of certain
United States Internal Revenue Service Private Letter Rulings dated February 13, 1998 and
August 31,1998 and in accordance with the Water System Management Agreement between the
City and the Non-profit Corporations dated July 8, 1999, as amended from time to time.
(E) Standards. The Authority shall operate, maintain, manage, extend and improve
the System and shall provide water and sewer utility service in accordance with the following
standards:
(1) Extensions. The Authority shall develop utility extension policies and
determine the share of costs of extensions to be paid by owners of
property served by any new water and sewer extensions. The Authority
shall not extend service to parts of the City of Wilmington or New
Hanover County that are not designated for service under the adopted land
use plans of the City and County, respectively. The Authority shall
provide the County and the City a quarterly report of extensions approved
by the Authority during the prior calendar quarter.
(2) Capacity Management. The Authority in cooperation with the Localities
shall develop a capacity planning, allocation and management process for
proposed and permitted allocations of the capacities of the Authority's
potable water supply, treatment and distribution lines and sewer treatment
and collection system. The process shall consider existing and anticipated
development patterns in the Authority's service area based on adopted
City and County land use ordinances and adopted land use plans and
policies including the Wilmington-New Hanover County CAMA Land
Use Plan Update, Comprehensive Plan, 1997-2010; the Wilmington
Future Land Use Plan 2004-2025; and the Wilmington Vision 2020 Plan
for downtown Wilmington, as such ordinances and plans may be amended
from time to time. The process, at a minimum, shall include the ability to
(a) readily assess remaining capacity within all system components, (b)
track committed capacity, (c) track conversion of permitted capacity to
actual system connections and activations, and (d) authorize and rescind
service allocations as part of the process. The Parties agree to cooperate
and assist each other in the review of long-range planning and of specific
development proposals and modifications to land use ordinances and land
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use plans to ensure that developments meet applicable technical standards
and that needed utility infrastructure is available.
(3) Capital Improvement Program. The Authority shall develop and adopt a
Capital Improvements Program (hereinafter "CIP") for the maintenance,
improvement and expansion of the water and sewer systems, covering at
least a ten (10) year period. The initial CIP shall include those
improvements related to the Northeast Interceptor set forth in Exhibit L,
which is attached hereto and made a part hereof by reference. The CIP
shall be up-dated at least bi-annually during the preparation of the
Authority budget. The CIP shall consider the extension of trunk water
mains, sewer outfalls, service lines and related appurtenances and services
in accordance with City annexation plans and the land use plans of the
City and the County.
(F) Future Expansions. Any of the Localities may elect to fund future expansion of
the System, including but not limited to extension of water and/or sewer services to County and
City residents and any area annexed by the City as well as incentive for industrial development;
and the Authority shall include such new construction in its CIP so long as adequate funding is
provided by such Locality for the expansion and system capacity exists and the added facilities
do not create an undue operational expense to the Authority.
(G) Fire Hydrants. The Authority shall operate and maintain the System fire
hydrants to make available to the County and the City the necessary water supply and pressure
for fire flow so as to maintain at a minimum the flow and pressure levels provided by the
Localities on the Closing Date.
(H) Stormwater Management. The Authority shall not engage in stormwater
management services in the County or the City without the consent of the County and the City.
Section 6.7 Personnel
(A) Transition until Closing. For the period of transition following the creation of
the Authority until Closing, the Locality shall cooperate with the Authority to make available to
the Authority such employees of the Localities necessary to assist in the performance of tasks as
requested by the Authority, without cost to the Authority unless the Locality hires employees to
handle the duties of such loaned Locality employees, then the Locality shall be reimbursed these
costs from its water and sewer enterprise fund.
(B) Transition after Closing. After Closing, the Authority may enter into an
agreement with any of the Localities for the use of Locality employees necessary to operate the
System, and such Localities may make employees available to the Authority on terms mutually
agreed upon.
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(C) Locality Employees Immunities. The jurisdiction, authority, rights, privileges,
and immunities (including coverage under the worker's compensation laws) that the employees
of the Localities enjoy within the Localities shall also be enjoyed by them outside the Localities,
during the Transition, when they are acting pursuant to the terms of this Agreement and within
the scope of their authority and the course of their employment.
(D) Authority Employees and Compensation. All of the employees of the
Localities currently employed to operate the System who are in good standing with their
respective Locality as of the Closing Date identified in Exhibit M which is attached hereto and
made a part hereof by reference will become employees of the Authority on the Closing Date in
positions commensurate with their skills, knowledge and ability or at such other time as mutually
agreed upon by the respective Locality but in no event more than ninety (90) days after Closing.
The Authority shall employ such employees, without a break in service and without a reduction
in the amount of direct compensation paid to such employees by such Locality; however, the
Authority shall have full discretion to change positions and modify or implement any pay and
classification plan for its employees without a reduction in direct compensation, subject to
performance standards. Neither the County nor the City shall be responsible for any further
compensation of those Locality employees who are employed by the Authority as a result of the
Authority undertaking water and sewer services. The Localities reserve the right to retain any
employees for such Locality employment. Nothing herein contained shall create an employment
contract or third party beneficiaries to this Agreement.
(E) Benefits. For Locality employees identified in Exhibit M who are employed by
the Authority, the Authority shall provide benefits comparable to those benefits currently
enjoyed by Locality employees. Neither the County nor the City shall be responsible for any
further benefits of those Locality employees who are employed by the Authority as a result of the
Authority undertaking water and sewer services.
(F) Retirement. Locality employees identified in Exhibit M who are employed by
the Authority shall be covered under the North Carolina Local Government Retirement System
(NCLGRS) and shall remain so covered for the duration of their employment with the Authority.
(G) Post-retirement Health Care. City employees who have completed five (5)
years of continuous service with the City, who are currently vested in the NCLGRS retirement
plan and who are identified in Exhibit M and employed by the Authority, shall receive post-
retirement health care benefits if they retire from Authority employment into the North Carolina
Retirement System from a trust established to fund these benefits based on the actuarial
calculation of these benefits as defined and shown in the Actuarial Valuation of City of
Wilmington Other Post Employment Benefits Study to be completed by the Closing Date.
County employees wk€l k&V8 @€lHlpl@t@@. at h'last fi.~'@ (5) years €lf €l€lRthu!l€l\i8 8@l'\'i€l@ '.vith
th€l C€lumy, \\-<ft€l 8f@ €llii'l'8RtIy v@st@@. ill th@ }TCLGR8 f@tir€lHl@Rt pllltl 8D@. who are employed by
the Authority shall receive post-retirement health care benefits if they retire from Authority
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employment into the North Carolina Retirement System from a trust established to fund these
benefits based on a County actuarial calculation, as follows:
(1) An Employee with at least five years but less than fifteen years of service will be
allowed to continue insurance coverage and the Employee shall pay 100% of the
total coverage cost.
(2) An Employee with at least fifteen years but less than twenty years of service will
be allowed to continue insurance coverage and the Employee shall pay 75% of the
total coverage cost.
(3) An Employee with at least twenty years but less than twenty-five years of service
will be allowed to continue insurance coverage and the Employee shall pay 50%
of the total coverage cost.
(4) An Employee with at least twenty-five years but less than thirty years of service
will be allowed to continue insurance coverage and shall pay 25% of the total
coverage cost.
(5) An Employee with at least thirty years of service will pay the prevailing payroll
rate for individual insurance coverage.
(H) Accrued Vacation. For Locality employees identified in Exhibit M who are
employed by the Authority, vacation accrued by such employees while a Locality employee shall
be transferred to the Authority.
(I) Accrued Sick Leave. For Locality employees identified in Exhibit M who are
employed by the Authority, sick leave accrued by such employees while a Locality employee
shall be transferred to the Authority, except that the City will pay 25% of unused sick leave to
such regular employees who have at least five (5) years of continuous service with the City.
(J) Accrued Holidays. For Locality employees identified in Exhibit M who are
employed by the Authority, the Localities shall pay such respective employees for accrued
holidays.
(K) Personnel Records. The personnel records of the Locality employees who are
employed by the Authority shall be maintained by the respective Locality and disclosed only as
provided in N.C.G.S. S153A-98 and N.C.G.S. S160A-168, as amended, respectively. The
personnel records of the employees of the Authority shall be maintained and disclosed only as
provided in N.C.G.S. S162A-6.1, as amended.
Section 6.8 Insurance
(A) Coverages. The Authority shall take out and maintain the following minimum
msurance coverages:
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General Liability. Commercial General Liability providing liability limits
at least in the amount of $2,000,000.00 per occurrence applicable to
claims for bodily injury and/or property damage. The Localities shall be
included as additional insureds under this policy as their interests may
appear.
Fidelity Bond. Employee Blanket Fidelity Bond coverage or insurance
protecting the Localities and Authority with limits at least in the amount of
the maximum potential exposure to loss of monies for which the Authority
is responsible.
Worker's Compensation. Worker's Compensation coverage providing
statutory benefits and Employers Liability Insurance, including the Broad
Form All States Endorsement shall be maintained, protecting all
employees of the Authority against occupational injury or disease.
Auto Liability. Automobile Liability Insurance applicable to claims
arising from the use, operation and maintenance of vehicles owned, leased
or operated by, on behalf of or for the benefit of the Authority providing
liability limits at least in the amount of $2,000,000.00 per occurrence
combined single limits bodily injury and/or property damage shall be
maintained for use and operation of private passenger vehicles and service
vehicles owned, leased or operated by, on behalf of or for the benefit of
the Authority. The Localities shall be named as additional insureds as
their interests may appear.
5. Auto Collision and Comprehensive. Automobile Collision and
Comprehensive Insurance covering all vehicles owned, leased or operated
by, on behalf of or for the benefit of the Authority with a value of
$30,000.00 or greater. The Localities shall be named as loss payees as
their interests may appear.
6. Property. All risk Property Insurance covering loss or damage to personal
property and equipment located with premises leased to or occupied by the
Authority. The Localities shall be named as loss payees as their interests
may appear.
7. Inland Marine. Inland Marine Insurance protecting against all risks of
direct physical loss must be maintained for communications equipment
and other movable equipment of high value.
8. Public Official Liability Insurance. The Authority shall maintain Public
Official Liability Insurance in the amount of $2,000,000.00.
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9. Umbrella Liability Policy. The Authority shall maintain an umbrella
liability insurance policy of $3,000,000.00 excess over General Liability,
Automobile Liability and Public Officials Liability insurance. The
Localities shall be named as additional insureds as their interests may
appear.
10. Pollution Liability Insurance. The Authority may maintain Pollution
Liability Insurance if determined to be necessary by the Authority.
(B) Self Insured Retention. The Authority may adopt a self insured retention should
its evaluation of the premium and projection of losses within the retention indicate a cost
effective self insurance retention program. The Authority shall provide the Localities with an
annual report as to claims status and incurred liabilities within any self insurance retention if the
Authority leases motor vehicles from the Localities.
(C) Certificates. The Authority shall provide the County and the City with insurance
certificates certifying that the foregoing insurance is in force and names the Localities as
additional insureds and loss payees as their interests may appear as set forth in Subsection (A)
hereinabove; and such insurance certificates shall include provisions that the insurance should
not be cancelled, allowed to expire or changed without giving the County and the City sixty (60)
days written notice by certified mail. A current insurance certificate(s) for the Authority is
attached as Exhibit N and is made a part hereof by reference.
Section 6.9 Franchise
The Authority shall obtain a franchise from the City to use the City's rights-of-way to
operate and maintain as well as construct additions and expansions to the System subject to the
terms and conditions established by the City pursuant to the ordinance and the franchise.
Section 6.10 Hold Harmless and Indemnitv
To the extent permitted by law and without waiving any statutory or governmental
immunity, the Authority shall indemnify and save harmless the Localities and their officers,
agents, and employees from all suits, actions or claims of any character brought for any injury or
damages received or sustained by any person, persons, or property by reason of any act of the
Authority, its members, officers, agents or employees, in maintaining, operating and expanding
the System and water and sewer services.
Section 6.11 Cooperation
The Authority shall cooperate with the Localities in consummating the transactions set
forth in and contemplated by this Agreement. The Authority will, at the request of any of the
Localities, join in taking any action which, though not specified herein, that may be reasonably
required to be taken in order to consummate the transactions contemplated in this Agreement.
The Authority shall cooperate in the annual audit of each of the Localities.
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Section 6.12 Reeulation. Compliance with Laws and Aereements
(A) Ordinances and Regulations. By the time of closing, the Authority shall adopt
adequate and reasonable rules, regulations and ordinances to protect and regulate the System,
including pretreatment program regulations consistent with Article III of Chapter 12 of the
Wilmington City Code and cross connection control regulations consistent with Section 12-31 of
the City Code. In addition, such regulations shall provide for the mandatory connection of
properties in the Authority's service area to water lines and sewer collection lines of the
Authority consistent with the provisions ofN.C.G.S. ~153A-284 and N.C.G.S. ~160A-317. The
Authority shall submit its proposed ordinances to the County and the City for review, comment
and suggestions at least sixty (60) days prior to adoption by the Authority. All rules, regulations
and ordinances adopted by the Authority shall be enforced by the appropriate officers and
employees of the Authority throughout the Authority's service area.
(B) Compliance with Law. The Authority shall comply with any and all applicable
Federal, State and local standards, regulations, laws, statutes and ordinances regarding toxic,
hazardous and solid waste and any other pollutants; public and private nuisances; health or
safety; and zoning, subdivision and other land use controls. The Authority shall take all
reasonably necessary, proper or required safety, preventive and remedial measures in accordance
with any and all regulations from the North Carolina Department of Environment and Natural
Resources, the United States Environmental Protection Agency, and any other Federal, State or
local agency having jurisdiction, to ensure the prevention or cessation (now or in the future) of
violations of either the applicable provisions of such standards, regulations, laws, statutes, and
ordinances or any permits, orders or conditions issued thereunder. The Authority shall comply
with all applicable laws relating to the operation of the water and sewer systems. The Authority
shall comply with the North Carolina Local Government Budget and Fiscal Control Act.
(C) Compliance with Agreements. The Authority shall comply with the terms and
conditions of all agreements regarding the System, including but not limited to those agreements
assigned to the Authority by any Locality and any Rights and Privileges as to Real Property and
any North Carolina Department of Transportation encroachments used in connection with the
System.
ARTICLE VII
CLOSING AND EFFECTIVE DATE
Section 7.1 Closine
The Closing shall consist of the execution and delivery by the Localities to the Authority
of non-warranty deeds for the transfer of Real Property, leases for the use of Real Property,
easements and other documents necessary for the transfer of the remainder of the System as set
forth in this Agreement. A pre-closing, at which time all documents, instruments and conditions
required to be delivered or satisfied by this Agreement shall be delivered and satisfied but held in
escrow pending the Closing, shall take place at such time, date and place as may be mutually
agreed upon in writing by the Localities and the Authority. The Authority shall be responsible
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for all recording fees, if any, incurred in connection with the conveyances of the System and any
part thereof to the Authority.
Section 7.2 Time and Place of Closine
The Closing shall take place on the Closing Date at the office of the City Attorney or
such other place as the Localities and the Authority may mutually agree. The Closing Date may
be extended by mutual consent of the Localities and the Authority.
Section 7.3 Conditions of Closine
Without limiting any other provisions hereof, the obligations of the Parties to close this
transaction are subject to the following conditions and in the event any of the following
conditions are not met, the Closing shall be continued until the following conditions are satisfied
or waived in writing by amendment to this Agreement.
(A) Local Government Commission Approval. Pursuant to N.C.G.S ~162A-14 the
Local Government Commission shall have approved the transfer of the Localities' System to the
Authority.
(B) Transfer of Permits. The Authority shall have secured the transfer of the
Permits and any additional required environmental permits to operate the System, or such other
authorizations that allows operation of the System. The form of transfer, assignment, or license
regarding the Rights and Privileges as to Real Property referred to in Section 2.4(B) hereof must
be acceptable to the Authority.
(C) Consents to Assignments of Agreements. The Localities shall have secured any
other required consent(s) to the assignment of the agreements identified in Exhibit H.
(D) Transfer of Consent Order. To the extent required, the Authority shall have
secured the transfer of any consent decrees or orders relating to the System identified in Exhibit
K.
(E) Trustee and Bond Insurer Consent. The Trustee(s) and bond insurer(s) on the
Localities' bond and installment financing obligations shall have given written consent to the
transfer of the System. Such consent is specifically subject to each of the following:
(1) Financial Consultant Report. A report prepared by a financial consultant
satisfactory to the trustee(s) that shows there is no material adverse effect
on the ability of the water and sewer system to produce revenues to satisfy
rate covenants.
(2) Evidence of Rating. Written evidence from any rating agency then rating
any bonds that such transfer will not adversely affect its rating then in
effect on the bonds (without regard to graduation within category).
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REVISED DRAFT as of 11.07.2007
(3) Legal Counsel Opinion. An opinion of legal counsel to the affected
Localities that such disposition has been properly authorized.
(4) Bond Counsel Opinion. An opinion of the affected Localities' bond
counsel that such disposition will not adversely affect the federal or state
income tax treatment of interest on the bonds.
(F) Insurance. The Authority shall have obtained all Insurance as set forth in Section
6.8 of this Agreement and certificates ofinsUfances indicating such coverage.
(G) Pending Legal Proceedings. To the extent required, the Authority shall have
been added/substituted as a party in any pending legal proceedings involving the System,
including but not limited to those identified in Exhibit K.
(H) Budget, Rate Schedules, Utility Extension Policies, CIP, Ordinances and
Regulations. The Authority shall have provided evidence to the County and the City of the
adoption of a budget, rate schedules, utility extension policies, a Capacity Management Process,
a Capital Improvements Program and ordinances and regulations in compliance with this
Agreement.
(I) MFSG Opinion. The County and the City shall have received the opinion of
MFSG that the Authority has the capability to operate the System on the Closing Date in full
compliance with this Agreement.
(J) Non-profit Corporation Articles of Incorporation. The Articles of
Incorporation for Cape Fear Utilities, Inc. and Quality Water Supply, Inc. shall have been
amended in accordance with the terms of this Agreement.
(K) Representations and Warranties. The representations and warranties of the
Parties shall be true and correct as of Closing.
Section 7.4 Remedies and Effective Date
(A) Effective Date and Duration. This Agreement shall take effect when executed
by the Localities and the Authority and shall continue until terminated pursuant to law or as
provided in this Section 7.4.
(B) Termination Prior to Closing. The conditions of Closing set forth in Section 7.3
subsections (A), (B), (C), (D) and (E) are not waivable and if it is determined that any of such
conditions can not be satisfied, any Party shall have the right to terminate this Agreement upon
thirty (30) days written notice to the other parties.
(C) Judicial Action. If any Party fails to keep and perform each and all of the
covenants, agreements and conditions contained herein, then and in that event, the other party or
parties, after notifying the non-conforming party or parties in writing not less than sixty (60)
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REVISED DRAFT as of 11.07.2007
days in advance, and upon the failure of the other party or parties to comply within such period,
may at its or their option maintain an action in a court of competent jurisdiction for specific
performance and/or injunctive relief. No breach of this Agreement by a Party shall subject the
Party to any damages, award of attorney fees or costs of court.
(D) Rights upon Dissolution or Failure to Operate. If the Authority is dissolved or
otherwise ceases to operate the System and no successor or governmental agency of which the
County and the City are members has been designated to operate such facilities, then and subject
to any bond indentures and other documents evidencing indebtedness of the Authority, the
Authority's Real Property and personal property transferred by the Localities to the Authority
shall be returned to the respective Locality that owned such property prior to the transfer. Any
additional assets of the Authority shall revert in ownership to the County and the City with each
owning a fifty percent (50%) undivided interest therein.
ARTICLE VIII
MISCELLANEOUS
Section 8.1 Expenses
Except as otherwise provided in this Agreement, all expenses incurred by or on behalf of
the Parties hereto in connection with the authorization, preparation, execution and consummation
of this Agreement, including, without limitation, all fees and expense of agents, representatives,
legal counsel and accountants employed by the Parties hereto, shall be borne solely by the Party
who shall have incurred the same.
Section 8.2 Severability
If any section, subsection, paragraph, sentence, clause, phrase or portion of this
Agreement is for any reason held invalid, unlawful, unenforceable or unconstitutional by
operation of law or by any court of competent jurisdiction, such portion shall be deemed
severable and such holding shall not affect the validity of the remaining portions of this
Agreement.
Section 8.3 Notices
Any and all notices, requests and other communications regarding this Agreement shall
be in writing and shall be deemed to have been sufficiently given if delivered by hand or mailed,
postage prepaid, by first class mail, addressed to each Locality and the Authority as follows:
To the County: County Manager
County of New Hanover
230 Government Center Drive Suite 195
Wilmington, NC 28403
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To the City: City Manager
City of Wilmington
P.O. Box 1810
Wilmington, NC 28402
To the District: County Manager
New Hanover County Water and Sewer District
230 Government Center Drive Suite 195
Wilmington, NC 28403
To the Authority: Chief Executive Officer
Cape Fear Public Utility Authority
c/o William OJ. Lynch, Esquire
Hogue, Hill, Jones, Nash & Lynch
101 S. 3rd Street
Wilmington, NC 28401
Section 8.4 Headine:s
Section and subsection headings in this Agreement are for convenience only and are not
to be construed as a part hereof and do not define, describe, extend or limit the scope or intent of
this Agreement.
Section 8.5 Entire Aereement
This Agreement constitutes and contains the entire agreement and understanding of the
hereto and supersedes any and all prior negotiations, correspondence, understandings, and
agreements between the Parties regarding the subject matter hereof.
Section 8.6 Amendment
This Agreement may not be modified, altered or changed in any manner whatsoever
except by a written agreement signed by all of the Parties. After the issuance of any bond
indebtedness or other indebtedness by the Authority, the amendment of this Agreement shall be
approved by the bond trustee or the holder of any other security interest given in accordance with
any bond indenture of the Authority.
Section 8.7 Counternarts
This Agreement may be executed in several counterparts, each of which will be deemed
an original, but all of which together will constitute one and the same instrument.
Section 8.8 Assie:nment
The rights and duties under this Agreement shall not be assigned by any of the Parties
without the written consent of the other Parties. None of the Parties hereto shall assign,
subcontract or otherwise transfer any interest in this Agreement without the prior written
approval of the other Parties, except by operation oflaw.
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Section 8.9 Bindine Effect
This Agreement shall be binding upon the successors, assigns, agents, officials,
employees, independent contractors, and subcontractors of the Parties.
Section 8.10 Governine Law
This Agreement and the transactions contemplated hereby will be governed by and
construed and enforced in accordance with the laws of the State of North Carolina. In the event
of a conflict between the various terms, provisions and conditions contained in this Agreement or
between these terms and other applicable provisions, then the more particular shall prevail over
the general and the more stringent or higher standards shall prevail over the less stringent or
lower standards.
Section 8.11 Continuine Oblieation
From time to time after the Closing, the Localities and the Authority will execute such
additional instruments of assignment, lease, license, conveyance and other documents and take
such other actions as may be necessary or appropriate to further the purposes and intent of this
Agreement and to vest title or convey rights in and to any part of the System in the Authority.
Section 8.12 Survival of Representations. Warranties. Covenants and Aereements
The representations, warranties, covenants and continuing agreements of the Localities
and the representations, warranties, covenants and continuing agreements of the Authority made
in this Agreement and in the documents executed pursuant hereto will survive the execution of
this Agreement and the consummation of the transactions contemplated hereby.
Section 8.13 Reference
Use of the masculine in this Agreement includes the feminine and neuter, and singular
includes plural.
Section 8.14 Immunitv Not Waived
This Agreement is governmental in nature, for the benefit of the public, and is not
intended to be for private profit or gain. Any fees charged in connection with the terms of this
Agreement are intended to reflect as closely as possible each's actual cost, and the do not intend
to waive their sovereign immunity by reason of this Agreement.
Section 8.15 Waiver
Any Party's failure to insist upon the strict performance of any provision of this
Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any
performance during such breach, shall not constitute a waiver of any rights under this
Agreement.
IN WITNESS WHEREOF, the County, the City, the District and the Authority have
caused this Interlocal Transition and Operating Agreement to be executed in their names by their
duly authorized officers as of the date first above written.
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NEW HANOVER COUNTY
[CORPORATE SEAL] By:
Chairman
New Hanover County Board of
Commissioners
ATTEST:
Clerk to Board
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act. Approved as to form:
County Finance Director County Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public in and for the State and County aforesaid,
certify that Sheila L. Schult personally came before me this day and acknowledged that she is
Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given
and as the act of the Board, the foregoing instrument was signed in its name by its Chairman,
sealed with its corporate seal and attested by herself as its Clerk.
Witness my hand and official seal, this the _ day 2007.
Notary Public
My Commission Expires:
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REVISED DRAFT as of 11.07.2007
CITY OF WILMINGTON
[CORPORATE SEAL]
By:
Mayor
ATTEST:
City Clerk
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act. Approved as to form:
City Finance Director City Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public in and for the State and County aforesaid,
certify that Penelope Spicer-Sidbury personally came before me this day and acknowledged that
she is City Clerk for the City of Wilmington, North Carolina, and that by authority duly given
and as the act of the City Council of the City of Wilmington, the foregoing instrument was
signed in its name by its Mayor, sealed with its corporate seal and attested by herself as its Clerk.
Witness my hand and official seal, this the day 2007.
Notary Public
My Commission Expires:
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REVISED DRAFT as of 11.07.2007
NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
By:
[CORPORATE SEAL] Chairman
ATTEST:
Clerk to the Board
This instrument has been pre-audited
in the manner required by the Local
Government Budget and Fiscal Control Act. Approved as to form:
County Finance Director County Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public in and for the State and County
aforesaid certify that Sheila L. Schult personally came before me this day and acknowledged that
she is the Clerk to the New Hanover County Water and Sewer District and that by authority duly
given and as the act of the District, the foregoing instrument was signed in its name by its
Chairman, sealed with its corporate seal and attested by her as its Clerk.
Witness by hand and official seal, this the day 2007.
Notary Public
My Commission Expires:
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REVISED DRAFT as of 11.07.2007
CAPE FEAR PUBLIC UTILITY
AUTHORITY
[CORPORATE SEAL] By:
Chairperson
ATTEST:
Authority Secretary
This instrument has been pre-audited
in the manner required by the Local
Government Budget
and Fiscal Control Act.
Approved as to form:
Authority Finance Officer Authority Attorney
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, , a Notary Public in and for the State and County aforesaid,
certify that personally came before me this day and acknowledged that
he/she is the Secretary of the Cape Fear Public Utility Authority, and that by authority duly given
and as the act of the Authority the foregoing instrument was signed in its name by its
Chairperson, sealed with its corporate seal and attested by himself/herself as its Secretary.
Witness my hand and official seal, this the day of ,2007.
Notary Public
My Commission Expires:
34
136
REVISED DRAFT as of 11.07.2007
EXHIBITS
A. Advisory Committee recommended organizational structure for Authority
B. Real Property
B-1 Real Property - County
B-2 Real Property - City
C. Personal PropertylMotor Vehicles
C-l Personal PropertylMotor Vehicles - County
C-2 Personal PropertylMotor Vehicles - City
D. Personal PropertylEquipment and Furnishing
D-l Personal Property/Equipment and Furnishing-County
D-2 Personal Property/Equipment and Furnishings-City
E. Personal Property/Customers deposits, cash, securities and accounts receivable
E-I Personal Property/Customers deposits, cash, securities and accounts receivable-County
E-2 Personal Property/Customers deposits, cash, securities and accounts receivable-City
F. Personal Property/Information Technology
F -1 Personal Property/Information Technology-County
F-2 Personal Property/Information Technology-City
G. Permits
G-l Permits-County
G-2 Permits-City
H. Agreements
H-l Agreements-County
H-l Agreements-City
I. Indebtedness
I-I Indebtedness-County
1-2 Indebtedness-City
J. Book Value of the System
J-l Book Value of the System County
J-2 Book Value of the System - City
35
137
REVISED DRAFT as of 11.07.2007
K. Known Orders, Decrees, and Pending Legal Proceedings
K-l Known Orders Decrees, and Pending Legal Proceedings-County
Ralph Hodge Construction v. New Hanover County Water and Sewer District, 06
CVS 3859
Leon Elam and wife Rachel Elam v. New Hanover County Water and Sewer
District, 07 CVS 2467
New Hanover County Water and Sewer District v. Coswald, LLC, 07CVS 2785
Jonathan Costa v. Colorado Coastal Development, LLC and New Hanover
County (construction of District utilities within dedicated easements)
New Hanover County Water and Sewer District v. James Ray Thompson, 06 CVS
2583
K-2. Known Orders, Decrees, and Pending Legal Proceedings-City
NCDENR, DWQ 12/8/06 NOV
NCDENR, DWQ 5/27/06 Moratorium
NCDENR, DWQ 5/8/07 Moratorium
USEPA,CWMA
USEPA Show Cause 5/4/07
L. Northeast Interceptor Improvements
M. Employees/Positions
M-I Employee Positions-County
M-2 Employee Positions-City
N. Insurance Certificates of Authority
ILA.W&S.Revl1.07.2007
36
138
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 13 Estimated Time: Page Number:
Department: County Attorney Presenter: Dave Weaver, Assistant County Manager
Contact: Kemp Burpeau, Deputy County Attorney
SUBJECT:
Consideration of Mason Inlet Relocation Project Maintenance Event
BRIEF SUMMARY:
Figure "8" Beach Homeowner's Association is agreeable to undertaking the current Mason Inlet Relocation Project
maintenance event, at its cost and expense. The maintenance is conducted under the federal and state permits secured by
the County for management of the Relocation Project. The Association will engage a contractor to dredge Mason Creek,
Mason Inlet Channel Corridor and the Intercoastal Waterway at the mouth of Mason Creek. The Association will retain the
dredge sand and not be subject to assessment for such sand. Work is to begin in December and completed on or before
April 1 , 2008. These arrangements are set forth in the proposed agreement, New Hanover County Contract #08-0244. The
contract is currently under review and will be distributed to the Board at Staff Meeting for agenda review on November 15,
2007.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve contract and authorize staff execution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
139
NEW HANOVER COUNTY
OFFICE OF THE COUNTY MANAGER
230 Government Center Drive, Suite 195
Wilmington, NC 28403
www.nhcgov.com
I INTER-OFFICE MEMO I
DATE: November 1, 2007
TO: Board of County Commissioners
FROM: Dave Weaver, Assistant County Manager (}v"
SUBJECT: Progress Update on Mason Inlet
Staff met October 15 with three representatives of the northern end of Wrightsville
Beach, including Prank Pinkston, to discuss, one, the renewal of the County's contract with
Gahagan and Bryant Associates (GBA) and, two, the process for reducing monitoring conditions
required by the Mason Inlet Relocation Project.
This group also met October 31 to give the Wrightsville Beach representatives an
opportunity to question Chris Gibson with GBA about aspects of his proposed contract.
Agreement was reached at the October 15 meeting to recommend approval by the Board
of County Commissioners for a new five-year contract with GBA, with a performance review
and renewal decision at the end of each year of the contract. This contract will be brought to the
Board of County Commissioners on November 19. The agreement is predicated on staff
following the process below to attempt to reduce monitoring requirements associated with the
Mason Inlet Project:
1. Staff has completed a progress report on concerning possible reductions on each
monitoring requirement in the permit with recommendations for further reductions. The report
has been submitted to Frank Pinkston for his distribution to others in his group and for their
review.
2. Prank Pinkston will notify staff once his review is completed.
David F. Weaver 910-798-7134
Assistant County Manager FAX: 910-798-7277
140
3. Staff will arrange a meeting with the U.S. Corps of Engineers to review the
report, to allow Frank Pinkston and his group to discuss further reductions with the Corps, and to
finalize permit condition modifications.
Staff is committed to pushing forward with this process to reduce monitoring
requirements as much as possible.
Discussions are continuing with Figure 8 Island to determine if they would be willing to
enter into an agreement with the County to manage the proposed maintenance dredging this
winter, similar to the last maintenance event. If progress continues in this direction, we will
bring a draft agreement to the Board of County Commissioners on November 19.
Please feel free to contact me if you have any questions or comments.
Cc: Bruce Shell, County Manager
Greg Thompson, Special Projects Manager
Wanda C0pley, County Attorney
Sheila Schult, Clerk to the Board
Frank Pinkston
David Kellam, Figure 8 Island Representative
David F. Weaver 910-798-7134
Assistant County Manager FAX: 910-798-7277
141
New Hanover County Contract #08-0244
NORTH CAROLINA
AGREEMENT
NEW HANOVER COUNTY
THIS AGREEMENT, made and entered into this 2007, by and between
NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereto referred
to as "County"; and the FIGURE "8" BEACH HOMEOWNERS' ASSOCIATION, INC., a North
Carolina non-profit corporation, hereinafter referred to as "Association."
WITNESSETH:
WHEREAS, a Maintenance Project ("Project" or "Maintenance Project") is required
under the Corps of Engineers ("COE") permit that authorized the Mason Inlet Relocation
Project ("Relocation Project"); and
WHEREAS, the Project entails excavation of the north shoulder of Mason Inlet and
hydraulic dredging of Mason Creek and the Intracoastal Waterway with the sand from the excavation
and dredging being deposited on the southern beaches of Figure Eight Island; and
WHEREAS, the design of the Project and the terms and conditions of the Project are set
forth in a permit designated as CAMA Permit Major Modification Renewal issued
and Corps of Engineers approval letter dated 2007, referencing Action ID
199901052 ("Permit") and documents incorporated herein by reference in the Permit; and
WHEREAS, the Association is interested in the Project because the Association and its
members benefit from certain aspects of the Project; and
WHEREAS, the Association agrees to manage and implement all aspects of the
Project, including contracting, construction management, post-construction clean-up and compliance
with the Permit; and
WHEREAS, the Association, in order to obtain the benefits of the project, is willing to
commit to being respopsible for work set forth in this Agreement.
1
142
New Hanover County Contract #08-0244
NOW, THEREFORE, the parties agree as follows:
1. The Association will undertake, at no cost to the County, the Project as authorized by
the maintenance Permit, in a manner that satisfies the terms of the Permit and in
accordance with the plans and specifications prepared by the County. The
Association shall manage and implement all aspects of the County's permitted project
as designed, including contracting, construction management, post-construction
clean-up, and other actions required to comply with the Permit.
2. The County shall bear the following costs:
A. Engineering and permitting costs associated with the original Mason Inlet
Relocation Project; and
B. Monitoring and reporting required by the original Mason Inlet Relocation
Project permits and any amendments thereto; and
C. Engineering and permitting costs for the project up to the time when the
pre-dredging surveys occur just prior to the beginning of dredging; and
D. Engineering and Permit compliance cost incurred after the final surveys of
excavated or filled areas for purposes of determining contractor pay except
costs of clean up required by the Permit or the construction contract( s).
3. The Association shall bear the following costs:
A. Cost of construction of the Project; and
B. Cost of engineering services related to contract management and oversight
from the point when pre-dredging surveys occur just prior to the beginning of
dredging to the point where the construction contractor is deemed to have
completed the Project as determined by the Association.
4. The County reserves the right to assess benefited properties for costs of the
Mason Inlet Relocation Project under the Final Assessment Resolution adopted by
the County for the Relocation Project ("Final Assessment Resolution"). In
consideration of the costs and obligations assumed by the Association under this
Agreement, the County will not assess properties on Figure Eight Island for sand
placed on Figure Eight Island from this Maintenance Project; nor will the County
2
143
New Hanover County Contract #08-0244
change the Final Assessment Resolution regarding assessment for costs from the
Relocation Project or the Maintenance Project for the period from the adoption of the
Final Assessment Resolution through the completion of this Maintenance Project.
5. The County and the Association must jointly approve any permit modifications or
changes to the scope of the work set forth or incorporated by reference in this
Agreement.
6. All components ofthe Project must be completed by the Association on or before the
Permit expiration, upon mutual agreement to a time extension by the parties hereto.
Subject to the application, the permit conditions and the requirements of regulatory
agencies, the Association shall have the right to use all sand obtained as a result of
the Maintenance Project.
7. In the event the Association fails to complete the Maintenance Project in accordance
with this Agreement and any amendments hereto, the County may complete
the Maintenance Projects and the Association will be liable to the County for the
County's cost in performing aspects of the Project for which the Association is
responsible under this Agreement.
8. Notice required or permitted under this Agreement shall be sent by certified mail,
return receipt requested, by personal delivery, or by facsimile transmission addressed,
delivered or transmitted as follows:
A. Figure "8" Beach HOA, Inc.
15 Bridge Road
Wilmington, NC 28411
Facsimile: (910) 686-1558
B. New Hanover County
Attention: County Manager
230 Government Center Drive # 195
Wilmington, NC 28401
Facsimile: (910) 798-7277
Such notice shall be deemed given upon receipt.
3
144
New Hanover County Contract #08-0244
9. This Agreement is binding upon and shall inure to the benefit of the parties and their
successors. This Agreement may not be assigned by either party without the consent
of the other party.
IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by
authority duly given and on the day and year first above written.
NEW HANOVER COUNTY
[SEAL]
Bruce T. Shell, County Manager
ATTEST:
Sheila 1. Schult
Clerk to the Board
FIGURE "8" BEACH
HOMEOWNERS' ASSOCIATION, INC.
(CORPORATE SEAL)
(SEAL)
David Kellum, Administrator
ATTEST:
Corporate Secretary
Approved as to form:
County Attorney
Reviewed:
Frank Pinkston
Chairman, Mason Inlet Preservation Group
4
145
.
~
New Hanover County Contract #08-0244
NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of the State and County aforesaid,
certifY that Sheila L. Schult acknowledged that she is Clerk to the Board of Commissioners of New
Hanover County, and that by authority duly given and as the act of the Board, the foregoing
instrument was signed in its name by its County Manager, sealed with its corporate seal and attested
by herself as its Clerk.
WITNESS my hand and official seal, this _ day of ,2007.
Notary Public
My commission expires:
NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of the State and County aforesaid, certifY that
came before me this day and acknowledged that (s)he is Secretary of
FIGURE "8" BEACH HOMEOWNERS' ASSOCIATION, INC., a North Carolina non-profit
corporation, and that by authority duly given and as the act of the corporation, the foregoing
instrument was signed in its name by its Administrator, sealed with its corporate seal and attested by
him/herself as its Secretary.
WITNESS my hand and official seal, this day 2007.
Notary Public
My commission expires:
5
146
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 14 Estimated Time: Page Number:
Department: County Manager Presenter: Dave Weaver, Assistant County Manager
Contact: Dave Weaver, Assistant County Manager
SUBJECT:
Consideration of Contract Renewal for the Engineering and Surveying Services Associated with the Mason Inlet
Project from October 2007 through September 2012
BRIEF SUMMARY:
In April of 2002, New Hanover County completed the relocation of Mason Inlet to a location approximately 3,000 feet north
of the Shell Island Resort located at Wrightsville Beach. The Project was permitted by the US Army Corps of Engineers for
a period of thirty (30) years and as a condition of the permit, monitoring, management, and maintenance of Mason Inlet,
Mason Creek and the Atlantic Intercoastal Waterway are required.
The Engineering and Surveying responsibilities associated with management of the project are highly specialized. The
County has developed a strong working relationship with an engineer who has been working on the project since the
beginning. Chris Gibson with Gahagan & Bryant Engineers has been responsible for the professional obligations
associated with the permit conditions from April 2002 to present. The contract which covered that period of time has now
expired and renewal is now required.
The proposal for professional services covers the period of time from October 2007 to September 2012. The services
required are broken out by year and each year has been further defined by task for the services required. The engineering
services for potential maintenance events have been included in the breakdown within years that maintenance events are
anticipated. The proposal is structured such that should specific services not be necessary in any given year, the County
would not be charged for that service. Contract performance will be evaluated every year, with the contract having annual
renewal periods. Discussion on the contract and proposal have been held with Frank Pinkston and representatives of Shell
Island Resort.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff requests the Board to approve the contract with Gahagan & Bryant Engineers in the amount of $873,646 for the
professional services associated with the Mason Inlet Project for the period October 2007 to September 2012.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
:..!.i..:........
G B.t\, Scope and Proposa! ,pelf
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
147
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the contract with the omission of $100,000 for Construction Management listed on page 161 by a vote of 5-0.
148
Gahagan & Bryant Associates, Inc. OBA
295-A North Green Meadows Drive
Dutch Square Industrial Park
Wilmington, NC 28405-3933
(910) 313-3338 Fax (910) 313-6822
wilmingtonnc@gba-inc.com ENGINEERS * SURVEYORS
October 1, 2007
Mr. Greg Thompson
New Hanover County
230 Market Place Drive Ste 160
Wilmington, NC 28403
Re: Mason Inlet Physical Monitoring & Engineering Services
Proposal to Continue Services for October 2007 through September 2012
Dear Mr. Thompson:
Enclosed please find the original Scope and Proposal for the Physical Monitoring and
Engineering Services for the Mason Inlet Project. This represents continuation of
services from October 2007 through September 2012.
If you have any questions, please do not hesitate to contact us.
~t6
. s Gibson, PE
Vice President
CG/mhi
Enclosures
TAMPA, FL HOUSTON, TX Los ANGELES, CA NOVATO, CA OAKLAND, CA PHILADELPHIA, PA BALTIMORE, MD WILMINGTON, DE
(813) 831-4408 (832) 518-2112 (310) 521-8127 (415) 883-7683 (510) 547-3008 (215) 425-6283 (410) 682-5595 (302) 652-4948
149
Mason Inlet Project
New Hanover County, North Carolina
Scope & Proposal
Physical Monitoring & Engineering Services
For
Permit Compliance
Maintenance Construction
October 2007 - November 2012
New Hanover County Contract #02-379
Submitted By
Gahagan & Bryant Associates, Inc.
295-A North green Meadows Drive
Wilmington, NC 28405
Phone 910-313-3338 Fax 910-313-6822
150
Scope
Physical Monitoring & Engineering Services
For
Permit Compliance
Maintenance Construction
October 2007 - September 2012
151
Introduction
This proposal describes physical monitoring tasks and Budget estimates for Year 6 thru
Year 10 following initial construction of the project in accordance with the state and
federal permits, and incorporated Inlet Management Plan, governing the project. In
general the work entails topographic and hydrographic surveys, aerial photography, and
associated reporting, as well as engineering and construction management services
associated with the required maintenance work. It should be noted that the schedules and
budgets are based on an estimated maintenance schedule, which involves a full
maintenance event in the winter of 2007/2008, a minor maintenance project (truck haul
only) the winter of 2009/2010, and a full maintenance event the winter of 2011/2012. In
the event that the conditions alter the maintenance schedule, annual budgets will be
shifted accordingly to the corresponding years.
Task 1 - Coordination of Physical and Biological Monitoring
The engineer shall coordinate and perform all physical monitoring of the project site as
required by the US Army Corps of Engineers (USACE) Permit #199901052, North
Carolina Division of Coastal Management (NCDCM) Permit #151-01, and the North
Carolina Division of Water Quality (NCDWQ) 401 Water Quality Certification, Project
#000008. All biological monitoring including the monitoring of bird species utilizing the
area, macro invertebrate sampling of the nourishment areas, biological sampling of the
estuarine transects and biological monitoring of the mitigation site shall be the
responsibility of the Biological Consultant. The Engineer will work with the Biological
Consultant to maintain a schedule and checklist for all types of monitoring events to
ensure that the timing of the physical monitoring and biological sampling coincide to
provide the best correlations between the physical and biological data sets. Every effort
will be made to minimize both the biological and physical monitoring protocols.
Task 2 - Physical Monitoring
The performance of hydrographic and topographic surveys is required to comply with
mitigative monitoring conditions of the Permits and incorporated Inlet Management Plan.
Surveys must include aerial photography for each monitoring event.
Physical Monitoring Survey Schedule
Full Monitoring Survey - Annually in April/May
Mid Year- Inlet Survey Annually October
Pre-Project and Post Project - For Maintenance Event Years
*Every effort will be made to integrate pre-construction and post-construction
surveys into the planned monitoring survey schedule.
** Additional surveys are to be performed after major storm events.
SC - 1
152
Full Monitoring Survey Area:
Beach Profiles: 40 Profiles from Dune to -25 ft Contour (2000'+/-)
(500' Topo - 1500' Hydro)
Inlet Cross-Sections: 20-25 Cross-Sections (includes Topo on inlet shoulders to
minimum +5 ft NGVD elev.) (500' Hydro 500-1000'Topo)
Mason Creek: 40 Cross-sections wi topo 200' into marsh
(Approx: 140' Hydro 450' Topo)
AIWW: 30 Cross-Sections 1500' either side of Mason Creek
(Approx. 200' sections)
Old Inlet Channel: 10 Cross-Sections w/ topo 50' into marsh
(Approx. 900' sections majority Topo)
Survey Area:
Beach Profiles: 11 Profiles from Dune to -25 ft Contour (2000'+/-)
(500' Topo - 1500' Hydro)
Inlet Cross-Sections: 58 Cross-Sections (includes Topo on inlet shoulders to
minimum +5 ft NGVD elev.) (500' Hydro 500-1000'Topo)
AIWW: 30 Cross-Sections 1500' either side of Mason Creek
(Approx. 200' sections)
Aerial Photography:
Rectified Color Aerial Photography for the entire monitoring area at 1 "=200' at
the time of each full monitoring event. 100% overlap results in approximately 42
frames. Sufficient horizontal control (Targets) must be set along the beach and
within the marsh adjacent to Mason Creek prior to each flight.
SC - 2
153
Task 3 - Monitoring Reports
Monitoring reports are to be submitted to the regulatory agencies as required after each
physical monitoring event and annually as a requirement of the USACE and NCDCM
Permits.
Physical Monitoring Reports For Full Monitoring Surveys
Summary reports for each of these surveys will include an executive summary of
the survey findings and the following information in tabular or map form:
Bathymetric/Topographic Maps: Bathymetric and Topographic data shall be
plotted atop Color Aerial photography at a scale of 1 "=200' on ll"xl7" paper.
Elevation data shall be referenced to NGVD 1929 and horizontal coordinates
referenced to the NAD83 NC State Plane Coordinate System.
Beachfront Shoreline Movement: An analysis of shoreline movement shall be
tabulated for each Beach Profile. Shoreline movement will be measured as the
distance the Mean High Water line has moved seaward or landward during the
period between the prior survey and the current survey and shall include an
annualized average for the specific period.
Erosion/Accretion Analysis: An analysis of sediment erosion and accretion shall
be performed and tabulated for the beachfront within the survey area. The
analysis will be broken into 6 "Volumetric Control Cells" as indicated in the Inlet
Management Plan. The beachfront and ebb shoal cells (cells 1,2,4, 5, & 6) will
be subdivided into 3 regions, onshore, nearshore, and offshore. These regions will
be delineated in the following manner; onshore will be within 500 ft of the
reference monuments, nearshore will be 500 ft to 1000 ft from the reference
monuments and offshore 1000 ft to 2000 ft from the reference monuments.
Analysis of the volumetric changes for each region and overall volumetric
changes for each cell will be tabulated to determine longshore and cross-shore
movement of sediments.
Inlet Migration and Sedimentation Capacity Analysis: Cell 3 encompasses the
inlet throat and the inlet sedimentation basin. Analysis of Cell 3 will include the
amount of sediment accumulated within the Inlet Throat, Flood Shoal and Mason
Creek areas between the prior survey and the current survey and will include an
annualized average for the period. Total quantity of material deposited within the
cell after the most recent construction event will be calculated to determine the
remaining capacity of the system. The analysis will also tabulate the movement of
the Mean High Water Line and the Mean Low Water Line perpendicular to the
north and south shoulders of the inlet for each survey cross-section of the Inlet
between the prior survey and the current survey as well as the overall movement
since the last construction event. The migration rate shall also be presented as an
annualized rate for both the current and overall period.
SC - 3
154
AIWW Shoaling Analysis: Quantities of shoal material deposited in the AIWW
adjacent to Mason Creek shall be tabulated for the period between the prior
survey and the current survey and an annualized shoaling rate for the period
calculated. Should dredging occur within the survey area between survey events,
shoaling quantities and rates shall be adjusted to reflect the removal of material.
Habitat Acreages Analysis: For each survey an analysis of the acreages for the
various habitat types will be performed and tabulated based on elevation and
location parameters established within the USACE Permit. The total acreage for
each of the 6 habitat types (Supratidal Dry Sand Beach, Intertidal Bare Sand
Beach, Surf Zone Bare Sand Beach, Intertidal Bare Sand Beach, and Tidal Marsh)
will be calculated from the bathymetric/topographic survey data and/or aerial
photography. Changes in the acreage for each type of habitat will be tabulated for
the period between the prior survey and the current survey. This work shall be
coordinated and reviewed with the Biological Consultant.
Monitoring Reports for Mid-Year Inlet Area Surveys
For years in which a full survey of the project is required on an annual basis, a
report summarizing the results of the bi-annual inlet survey will be produced. The
report will include the amount of sediment accumulated within the boundary of
the Sedimentation Basin and the Inlet Throat, between the prior survey and the
current survey, and will include an annualized average for the period. Total
quantity of material deposited within the area after the most recent construction
event will be calculated to determine the remaining capacity of the system. The
analysis will also tabulate the movement of the Mean High Water Line and the
Mean Low Water Line perpendicular to the north and south shoulders of the inlet
for each survey cross-section of the Inlet between the prior survey and the current
survey, as well as the overall movement since the last construction event. The
migration rate shall also be presented as an annualized rate for both the current
and overall period.
Annual Monitoring Reports
Each year at the anniversary of initial project construction, an annual report will
be produced and submitted to the County and appropriate regulatory agencies.
The report shall contain all elements of the Physical Monitoring Reports For Full
Monitoring Surveys for that one-year period. For years in which multiple full
monitoring surveys are required, incremental changes will be discussed in the
executive summary.
In addition to the elements of the Physical Monitoring Reports for Full
Monitoring Surveys, the annual reports shall contain the following additional
information:
SC -4
155
Project to Date Analysis: The annual reports shall include "Project to Date"
tabulation of all six-analysis items. The tabulation shall contain overall changes in
the project since the last construction event and an annualized average for the
multi-year period.
Biological Analysis: The Annual Biological Reports from the Biological
Consultant shall be reviewed prior to the production of the annual Physical
Monitoring Report to examine if any correlations exist between the changes in the
physical condition of the project area and the diversity of species or utilizing
those areas. Discussion of any correlations between site conditions and biological
usage of the project area will be coordinated with the Biological Consultant and
included in the report.
Project Performance Evaluation: Each annual report shall include a projected
need for maintenance based on current and projected conditions of the Project
Area. There are three "triggers" which will determine the need for project
maintenance:
Trigger 1 Excessive volumetric losses within any of the beachfront cells.
Trigger 2 - Shoaling of the Inlet Throat and Interior Channel System beyond
design capacity.
Trigger 3 - Migration of Mason Inlet outside of the designated inlet corridor.
Each annual report shall include tables and graphs of the status of each of these
three criteria and a projected date in which the maintenance threshold for each of
the criteria might be achieved.
Task 4 - Maintenance Event Determination and Permitting
When analysis of the physical monitoring data projects that anyone of the three
maintenance event triggers will occur, work shall begin on an estimated 18 month time
frame to procure the required NCDCM permit modifications and coordinate the required
federal regulatory review for required maintenance activities. The size and location of the
proposed dredging area and the location of the beach nourishment area will be designed
from the existing conditions and the need-based criteria for beach nourishment
established in the Inlet Management Plan. Permit Drawings will be prepared and the
application for permit modification submitted to NCDCM. A report identifying the need
for maintenance and supporting data will be filed with USACE in accordance with Item 3
of the US ACE Permit.
Task 5 - Preparation of Plans & Specifications, Procurement, and Contract
Negotiations
Upon procurement of the NCDCM Permit Modification to provide for a maintenance
event and completion of Federal Regulatory Coordination, Plans and Specifications for
the maintenance event will be prepared. This document will instruct potential contractors
SC - 5
156
how to submit a bid to the County and will specify contract quantities and types of
material, allowable construction methods, payment method, bonding requirements,
environmental compliance requirements, and safety requirements. The specifications will
be prepared in accordance with the New Hanover County's bidding procedures and will
include all Standard General Conditions utilized by the County for contract procurement.
GBA will assist the County during the procurement process by conducting a pre-bid
conference with interested contractors and preparing any required addendums to the
contract documents as a result of the conference. GBA will provide engineering
information to prospective bidders during the advertisement period and upon submittal of
the contract bids, GBA will support the County's assessment of the bids and review the
contractor's capability to perform the work.
Task 7 Construction Management for Maintenance Event
Construction Management for maintenance events will include an onsite engineer and
sufficient staff to perform the following tasks:
Conduct Pre-Project meetings with the contractor to determine work schedules,
sequencing and construction methodology.
Conduct Pre-Project meetings with the contractor and state and federal regulatory
agencies to aid contractor's understanding and compliance with the environmental
aspects of the project and associated permits.
Perform Pre-Project hydrographic and topographic surveys.
Perform daily interim hydrographic and topographic surveys for acceptance of
completed sections and payment calculations. Daily progress logs for the project
will be maintained with percent complete calculations and projected completion
date updated weekly.
Oversee construction to verify that construction is performed in accordance with
the contract documents and that construction activities are in compliance with the
state and federal permits.
Support interaction between the County, local governments, regulatory agencies,
and other stakeholders regarding project construction.
Perform Post-Project, "As-Built", hydrographic and topographic surveys.
Oversee cleanup and demobilization of construction equipment.
Provide a completion summary of construction activities to the County.
SC - 6
157
Task 8 - Additional Services for Permit Compliance & Maintenance Events
Additional services for permit compliance and maintenance event construction may be
required, but cannot be quantitatively assessed at this time. These services include, but
are not limited to:
Evaluation, Design & Permitting of mitigative actions required by Condition 25
of the USACE permit and Condition 24e of the NCDCM Permit should the need
anse.
Participate in meetings with the regulatory agencies, which may be requested to
review monitoring report data.
Aid the County in determining distribution of costs to affected Homeowners and
Homeowners Associations to support project maintenance and permit compliance.
Additional Physical Monitoring after major storm events (includes elements of
Tasks 2.1, 2.2, & 3.1 and shall be priced in accordance with the physical
monitoring estimates for the year in which the storm occurs).
* GBA, along with the County shall assess the additional services and budget estimates
for specific needs on a 6-month interval as the needs become defined.
Remainder of Page left Blank Intentionally
SC -7
158
Proposal
Physical Monitoring & Engineering Services
For
Permit Compliance
Maintenance Construction
October 2007 - September 2012
159
Proposed Budgets
For 5 Years
YEAR BUDGET CONTINGENCY TOTAL
Year 6 $216,410 $10,820 $227,230
Year 7 $106,330 $ 5,315 $111,645
Year 8 $165,216 $ 8,260 $173,476
Year 9 $111,716 $ 5,585 $117,301
Year 10 $232,374 $11,620 $243,994
TOTAL $832,046 $41,600 $873,646
P - 1
160
Year 6 (October 2007 - September 2008)
Inlet Survey/Pre-construction Survey
Hydrographic Survey 2 days $3,625/day $ 7,250
Topographic Survey 2 days $2,425/day $ 4,850
Aerial Photography Cost + 10% $ 8,500
Report 24hrs $1 lO/hr avg $ 2,640
TOTAL $23,240
Contract Procurement
Preparation of Plans & Specifications $15,000
Pre-Bid Meetings, RAI Response, & Bid Analysis $ 7,500
Construction Management
Construction Management Team 4 months $25,000/month $100,000
Monitoring Survey/As Built Survey April 2008
Hydrographic Survey 4 days $3,625/day $14,500
Topographic Survey 10 days $2,425/day $24,250
Aerial Photography Cost + 10% $ 8,500
Report/Permit Review 100hrs $11 O/hr avg $11,000
TOTAL $58,250
Project Coordination (May-September)
Project Engineer 90hrs $138/hr $12,420
Year 6 Total $216,410
Contingency (50/0) $ 10,820
P-2
161
Year 7 (October 2008 - September 2009)
Inlet Survey (October 2008)
Hydrographic Survey 2 days $3,625/day $ 7,250
Topographic Survey 2 days $2,425/day $ 4,850
Aerial Photography Cost + 10% $ 8,500
Report 24hrs $110/hr avg $ 2,640
TOTAL $23,240
Monitoring Survey (April 2009)
Hydrographic Survey 4 days $3,625/day $14,500
Topographic Survey 10 days $2,425/day $24,250
Aerial Photography Cost + 10% $ 8,500
Report/Permit Review 100hrs $110/hr avg $11,000
TOTAL $58,250
Project Coordination (October-September)
Project Engineer 180hrs $138/hr $24,840
Year 7 Total $106,330
Contingency (5%) $ 5,315
P-3
162
Year 8 (October 2009 September 2010)
Inlet Survey (October 2009)
Hydrographic Survey 2 days $3,800/day $ 7,600
Topographic Survey 2 days $2,550/day $ 5,100
Aerial Photography Cost + 10% $ 8,925
Report 24hrs $ll6/hr avg $ 2,784
TOTAL $24,409
Maintenance Project - December 2009 (Truck Haul Only)
Contract Procurement
Preparation of Plans & Specifications $10,000
Pre-Bid Meetings, RAI Response, & Bid Analysis $ 3,500
Construction Management
Construction Management Team 2 months $20,000/month $40,000
Monitoring Survey (April 2010)
Hydrographic Survey 4 days $3,800/day $15,200
Topographic Survey 10 days $2,550/day $25,500
Aerial Photography Cost + 10% $ 8,925
Report/Permit Review 100hrs $116/hr avg $11,600
TOTAL $61,225
Project Coordination (October-September)
Project Engineer 180hrs $145/hr $26,082
Year 8 Total $165,216
Contingency (5%) $ 8,260
P-4
163
Year 9 (October 2010 - September 2011)
Inlet Survey (October 2010)
Hydrographic Survey 2 days $3,800/day $ 7,600
Topographic Survey 2 days $2,550/day $ 5,100
Aerial Photography Cost + 10% $ 8,925
Report 24hrs $116/hr avg $ 2,784
TOTAL $24,409
Monitoring Survey (April 2011)
Hydrographic Survey 4 days $3,800/day $15,200
Topographic Survey 10 days $2,550/day $25,500
Aerial Photography Cost + 10% $ 8,925
Report/Permit Review 100hrs $116/hr avg $11,600
TOTAL $61,225
Project Coordination (October-September)
Project Engineer 180hrs $ I 45/hr $26,082
Year 9 Total $111,716
Contingency (5%) $ 5,585
P-5
164
Year 10 (October 2011- September 2012)
Inlet Survey/Pre-construction Survey (October 2011)
Hydrographic Survey 2 days $3,990/day $ 7.980
Topographic Survey 2 days $2,665/day $ 5,330
Aerial Photography Cost + 10% $ 9,350
Report 24hrs $ 1211hr avg $ 2,904
TOTAL $25,564
Contract Procurement
Preparation of Plans & Specifications $16,500
Pre-Bid Meetings, RAI Response, & Bid Analysis $ 8,250
Construction Management
Construction Management Team 4 months $30,000/month $120,000
Monitoring Survey/As Built Survey April 2012
Hydrographic Survey 4 days $3,990/day $15,960
Topographic Survey 10 days $2,665/day $26,650
Aerial Photography Cost + 10% $ 9,350
Report/Permit Review 100hrs $121/hr avg $12,100
TOTAL $64,060
Project Coordination (May-September)
Project Engineer 90hrs $152/hr $13,680
Year 10 Total $232,374
Contingency (5%) $ 11,620
P-6
165
Billing Procedure and Rates
Physical Monitoring & Engineering Services
For
Permit Compliance
Maintenance Construction
October 2007 - September 2012
166
Billing Procedure
Billing for services provide shall be conducted in accordance with the following schedule. Tasks
described as lump sum pricing shall be billed in full upon completion of the individual task and
submission of the required deliverables. Tasks with estimated budgets or time durations
exceeding one month shall be billed monthly per the attached fee schedule. All Sub-Contract
work and Other Direct Costs (ODC's) shall be billed to the County at the end of the month in
which the costs were incurred. All ODC's and Sub-Contractor costs shall be billed to the County
at cost plus a 10% administrative handling fee.
Task 1 - Coordination of Physical and Biological Monitoring
Task 1 shall be billed monthly as services are provided.
Task 2 - Physical Monitoring
Upon completion of each individual survey required under Task 2, GBA shall bill the County as
lwnp swn for the services provided per the rates provided in the proposal.
Task 3 - Monitoring Reports
Upon submission of each individual monitoring report required under Task 3 GBA shall bill the
County as lump sum for the services provided per the rates provided in the proposal.
Task 4 Maintenance Event Determination and Permitting
Task 5 shall be billed monthly as services are provided per the attached fee schedule.
Task 5 Preparation of Plans & Specifications, Bid Procurement, and Contract
Negotiations
Task 6 shall be billed monthly as services are provided per the attached fee schedule.
Task 6 - Construction Management - Maintenance Event
The Pre-Dredge and Post Dredge Surveys associated with Task 7 shall be billed as lump sum
upon completion of each survey and submittal of required deliverables. Construction
Management services shall be billed monthly, at the monthly rate provided in the Proposal.
Task 7 - Additional Services
Any additional Survey Services requested shall be billed at the daily rates provided in the
proposal for the year in which the service is requested. All other additional services requested
shall be billed monthly as services are provided per the attached fee schedule. Any Sub-
Contracted work or ODe's incurred under Task 8 shall be billed at cost plus a 10% administrative
fee.
B-1
167
GAHAGAN & BRYANT ASSOCIATES, INC.
PERSONNEL CLASSIFICATIONS - AS OF 01 JAN 2007
Sr. Associate:
Project Manager Sr. Dredging Specialist
Sr. Cost Engineer Sr. Planner
Associate / Sr. Engineer:
Project Engineer Sr. Coastal Engineer
Hydrographic Expert Dredging Specialist
Cost Engineer Sr. Hydrodynamic Modeler
Sr. Civil Engineer Sr. Structural Engineer
Engineer I:
Multi-Beam Operator Hydrographic Party Chief
Side Scan Operator Sub bottom Profiler Operator
Civil Engineer Structural Engineer
Coastal Engineer Hydrodynamic Modeler
Mechanical Engineer Technical Report Writer
Specification Writer
Engineer II:
Instrument Man Construction Inspector
Survey Technician Jr. Staff Engineer (All Disciplines)
Computer Operator Sr. Construction Inspector
Hydrographic Surveyor Registered Land Surveyor
Sr. CADD Specialist GIS Specialist
Technician I:
Boat Operator CADD Draftsman
Tideman / Rodman
Technician II:
Admin / Tech Assistant Word Processor / Typist
B-2
168
GAHAGAN & BRYANT ASSOCIATES, INC.
PERSONNEL RATES - AS OF 01 JAN 2007
Rates
$/Hour
Engineering Rates:
Principal 227.00
Sr. Associate 197.00
Associate / Sr. Engineer 138.00
Engineer I 121.00
Engineer II 106.00
Technician I 82.00
Technician II 64.00
Equipment Daily Rates:
Polarfix Positioning System 750.00
Trimble RTK/OTF (MS750) 400.00
TSS DMS-IO Motion Sensor 185.00
Valeport Recording Tide Gauge, w/ modem 75.00
Single-Beam Survey System 301.00
Multi-Beam Survey System 2,540.00
27' Survey Vessel w/ Trailer & Tow Vehicles 900.00
Single-Beam Office Processing Syst. 177.00
Multi-Beam Office Processing Syst. 266.00
Total Station w/ Logger 150.00
Sea Sled, Tracked Vehicle & Jet Ski 366.00
4x4 Truck for beach 70.00
Sound Velocity Profiler for Beach Surveys 55.00
Side Scan Sonar (384kHz) 864.00
Sub bottom Profiler (0.5 - 5 kHz) 1,100.0
Side Scan & Sub bottom Office Processing Syst . 605.00
B-3
169
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170
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 15 Estimated Time: Page Number:
Department: TAX Presenter: Bob Glasgow
Contact: Bob Glasgow
SUBJECT:
Consideration of a Tax Department Business Analyst Position
BRIEF SUMMARY:
The conversion of the Tax Department to the new Financial Software has been a complex process. The requested position
would work with the Information Technology Department to coordinate the continued development and enhancement of the
software to meet the needs of the Tax Department and the municipalities the Tax Department provides services to. The
position will be needed on a permanent basis to do quality control checks, data base queries and financial analysis.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Tax Department Business Analyst Position.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions: 1
Explanation: The estimated annual cost of the position would be $58,776. There are sufficient funds in the Tax
Department Budget to fund the position for the remainder of this FY.
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
171
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172
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Regular Item #: 16 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila Schult, Clerk to Board
Item Does Not Require Review
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following Boards and Committees:
Criminal Justice Partnership Advisory Board
Industrial Facilities and Pollution Control Financing Authority
Plumbing Board of Examiners
Zoning Board of Adjustment
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:
The following appointments were made:
Criminal Justice Partnership Advisory Board: George E. Tilley reappointed in the Victim of Crime Category;
Frankie Roberts reappointed as an At-Large Representative
Industrial Facilities and Pollution Control Financing Authority: William A. Oden, III appointed
Plumbing Board of Examiners: Ernest C. Skipper reappointed
Zoning Board of Adjustment: Robert F. Cameron, Jr. and Peyton Williams appointed as regular members;
Peter DeVita and Tim Fuller reappointed as alternate members
173
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174
COMMITTEE APPOINTMENTS
CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD
Minimum Required Members: 10
Members are needed from the following categories: At-Large, Criminal Defense
Attorney, Employee Training Representative, and Victim of Crime
Vacancies have been advertised for 3 months with no new applications on file.
Vacancies will continue to be advertised until filled.
ELIGIBLE FOR
APPLICATIONS CATEGORY REAPPOINTMENT
George E. Tilley Victim of Crime X
Frankie Roberts Desires reappointment to a 3rd term
as an At-Large Representative
Attachments: Committee Information Sheets
Applications
175
NEW HANOVER COUNTY
CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD
Members: A county board or a multi-county board shall consist of not less than 10 members; and shall,
to the greatest extent possible, include the following: county commissioner, county manager or
designee, superior court judge or designee, district court judge or designee, district attorney or
designee, criminal defense attorney, public defender, county sheriff or designee, chief of police or
designee, probation officer, community service coordinator, 1 member from each of the following:
mental health, public health, substance abuse, employee training, community-based corrections
program, victim services program, member of business community, member of community who has
been a victim of crime; and 6 at-large members including persons who are recovering from chemical
dependency or are previous consumers of substance abuse treatment services.
Terms: 3-year terms
Regular Meetings: Meets 4 times per year at 11 :00 a.m. in the Conference Room of the Office of
Juvenile Justice, 138 N. Fourth Street.
Statute or Cause Creating Task Force: NC General Assembly established Criminal Justice in 1994
(G.S. 1438-273.10, County Criminal Justice Partnership Advisory Boards)
Purpose: The purpose of the advisory board is to develop community-based solutions to the problems
of rehabilitation and punishment for criminal offenders. The goals will be to reduce recidivism, to reduce
the number of probation revocations, to reduce alcohol and drug dependency among offenders and
reduce the cost of incarceration now being paid by counties and the State.
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Business Community First 1/24/05 9/30/08
David L. Miller
105 S. 5th Street
Wilmington, NC 28401
772-2058 (H) 262-4983 (W)
m 0'" -e. 01 First 1/24/05 9/30/08
~ -tv
'P~V"\de-(' COl.lfl
First 1/24/05 9/30/08
* K-e s ; ~ n e of.
176
CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD (CONTINUED)
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Mental Health Unexpired 9/20/04 9/30/05
Sonja Douglas Robinson First 9/19/05 9/30/08
1009 Midland Drive
Wilmington, NC 28412
791-1021(H) 791-8996(W)
At-Large Members
John A. Ranalli Unexpired 2/21/00 9/30/02
7100 Kinsella Court First 10/21/02 9/30/05
Wilmington, NC 28409-4461 Second 9/19/05 9/30/08
799-3985(H) 799-9652
Frankie Roberts First 9/17/01 9/30/07
* P.O. Box 401 * Second 9/?Otn4
Wilmington, NC 28402 -
793-0736 (H) 762-4636 (W)
Gregory H. Stone First 1/24/05 9/30/08
618 Wild Dunes Circle
Wilmington, NC 28411
681-0996 (H)
Victim of Crime J)es; t e.s First 9/20/04 9/30/07
* George E. Tilley ~e.a...ppt-.
1134 Harbour Drive, #203
Wilmington, NC 28401
793-9352 (H) 251-6185 (X-220) (W)
Aaency Representatives:
County Commissioner: William A. Kopp, Jr. Health Department: Janet McCumbee
County Manager's Office: Substance Abuse Center: Art Costantini
District Attorney's Office: Janet Coleman United Way: Eline R. Rhoades
Judge of District Court: Judge J. H. Corpening Community Corrections Office: Brien
Sheriff Department: Sgt. Susan B. Johnson Campbell
Wilmington City Police: Melissa Budd Trial Court Administrator: Kelly Hanley
File: ICJPAB 7/07
B/C #4
177
New Hauover County
Board of Commissioners COMMITTEE APPliCATION
320 Chestnut Street, Room 305
Wilmington, NC 28401 .4093
Telepbone (910) 341.7149
FAX (910) 341-4130
Board/Committee: Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Bd.
Name: George E. Tilley
Home
Address: 1134 Harbour Drive #203 Wilmington 28401
(Street) (City) (Zip Code)
Mailing Address if different:
Home Phone: 910-793-9352 Bnsiness/Work Phone: 910-251-6185 Ext. 220
Years Living in Ra White
New Hanovel' County: 5 1/2 years Male: " Female: Age: 53
- - ce:
(Information f~lr the purpose of assuring a cross section (lithe community)
Employer: Southeastern Mental Health
(A pers on must position with New HaDov~r County
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Job Title: Child Psychotherapist
Professional Activities: I work as psychotherapist with children I adolescents and their families.
V olunteer Activities: Sexual ethics trainer for the Episcopal Church. Big Buddy in the past. 011CJ, -=;
Wb d . h t thO b d/ 'tte ? As someone who has been mugged by a group of teens, I
y 0 yon WIS 0 serve 011 IS oar comlDl e.
believe it is important to develop positive programs to put children ~n the right track.
a on a the
mem bers Df his J her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private or monetary
interest, either direct or indirect, in the issue under consideration, The member shQufd then excuse himseff! herself from voting on the matter.
. .. Early intervention as well as
What areas of concern would you like to see addressed by thIS committee?
diversion programs that will address the needs of the mentally ill child.
Q rfi . ~ . I have been working with children as a volunteer or professional for
ua I lcatlons or servIng:
35 years. I have worked in the inner city (Brooklyn, NY) and North Carolina. I 0.,..., .. L ~c~Vlsed
CI'v\I(...1 c;oc.:a' \-!O"Key. "'''I "'SSv,~ .\.fOWl Ct>\V,^"l?;&l01-l1VfASj~,,Jc,,, 'lOll\(, N\L .l.. hC."v~ ~v1~ .-1
Other municipal or couuty boards/committees on which you are serving: None
List three local personal references and phone numbers:
1. The Reverend Vic Frederiksen 762-4578 AUG - 2 2004
2. Dr. Daphne Jordan, PhD. 251-2106
3. Dr. Sanjay Batish, Me 383-1500
~ 2 ) ,11
Date: J'" ~ ;.l q , 2-0 (h-f Signature: ,~'I..
Apphc trons an kept on file for 18 months Use rev se side ror additional comment!!
178
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS 2
320 Chestnut Street, Room 305
111 rz' NC 28401 4093 NEW HANOVER CO.
vvl mmgton, - B'! OF COMM!SSIONERS
Telephone (910) 341-7149 .
FAX (910) 341-4130
Application for Appointment to Boards, Committees, and Commissions
Appointed by the New Hanover County Board of Commissioners.
Request for Appointment to: ;:::r C. f c- / (! J .p AJ:;> tlf /:::;(O./~CL:P--
. 0
Name: Frlrt AJ K; e.... 1'209 d +:s-
.
Home .' ~I '!J' How long have you been a
Address: J 20)1 (ftS, e... S + / 1)/ Hlflfjt1Jle..... De., resident of New Hanover County? J S yr:s
Mailing A ddress: l.{lfI1 (J [J SoX LlD/ IP
.
City and State: tel ;111/1 rJ r:. , Zip Code: 2 iq'tJd)
,
Telephone: Home: 0;/0 - 79.1 c {} 73 & Business: 9/{) 762 -r; J;,f 6
*Sex: ;M,io//-e.. *Race: ilL4Ct::... *Age: 35
. This information is raquested for the ole purpose of assurmg that a cross-sectIOn of the community IS appointed.
** Employed by: . 'SeI r - E,~L1lI/) 1/ e IJ
..A person currently employed by t e 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.
Job Title: QwtJee. I t54 J!..Jef!..
I
Professional Activities: see J?e('dll? e.
Volunteer Activities: see I!e:;l..{ Me.-.
Why do you wish to serve on the Board, Committee, or Commission requested? /D j2;g.f-f;c 1'yttf11'Ie.
, ..
/11) fAe- j1fbCc5"5 0 J-F yOu I+-fLe- rJDI- fJrj/Ae+ {)f: lite 514/",,-/./i),(.)
YOC{ /tie {)Aef of five iJ IZOAf'lZfi1
I I
What do you feel are your qualifications for serving on the Board, Committee, or Commission requested?
5 ee /{,eG[itU42-
What areas of concern would you like to see the Board, Committee, or Commission address?
~ 'r . / h '
! (V efLc I 'f-Y , - A I tLtJ'e-S.J;
Are you currently serving on another board or committee appointed by a municipality or a county? If so, please list:
Date: <(-,::Jet ~O{) Slgnatur~ '_,~
(Please use reverse side for additional comments)
179
.
121 Hargrove Drive
Wilmington, N0I1h Carolina 28411
Phone (9]0) 793-0736
Fax (910) 793-2114
E-mail SHABAZ2295
Frankie A. Roberts
Objective To recreate COmmUl11tles to be drug free, and crime free; to
perpetrate Godly principles and ownership of the community.
1988 - Present Self-employed Wilmington, NC
Employment Owner and operator ofTuming Heads Beauty and Barber Salon
· Cuts and styles clients' hair
· Sets appointments
· Counsel clients, provide guidance
· Super-lises the s8.lon area and one Barber
· Entrepreneurial training
· Developed "Hope" Houses to assist in drug rehabilitation
]984 Harris Barber College Raleigh, NC
Education Diploma in Barbering
1983 1984 OakwooJ College I Iuntsville, AL
1983 Juhn T Hcsgard lIigh School Wilmington, NC
High Schoul Diploma
l\n established entrepreneur who is well respected within the
Summary of community; a (two-time) candidate for New Hanover County
qualifications Commissioner and (one-rime) candidate for City Council; constant
interest in helping and leading the community; communicate well with
young people, keeping fresh in their minds that they are our future.
Volunteer Presently a member 011 the board of directors for ECHO, Elevate
experience the Community to Higher OpPol1unities
1996 Organized the Inner-city Softball League
1990 to 1993 Member of the AuF AU (socially carre:::t) Club
]992 Organized and sponsored a political forum for
candidates
1997to ]990 Former member all the board of directors for My
Brothe:r's Keeper
180
COMMITTEE APPOINTMENTS
INDUSTRIAL FACILITIES AND POLLUTION CONTROL
FINANCING AUTHORITY
1 Vacancy - Unexpired term (2/22/13)
ELIGIBLE FOR
APPLICANTS: REAPPOINTMENT
William A. Oden, III
Attachments: Committee Information Sheets
Applications
181
NEW HANOVER COUNTY INDUSTRIAL FACILITIES
AND POLLUTION CONTROL FINANCING AUTHORITY
Number of Members: 7
(Must be a qualified elector and resident of the County. No member can be an elected official
of the County)
Terms: Six years (G.S. 159C requirement) Terms must end on the 22nd of the month.
Regular Meetings: As called by the Chairman of the Authority
Statute or cause creating Authority: N.C. General Statutes 159C-4. New Hanover County
Resolution dated February 7, 1977 creating Authority.
Purpose: To promote the right to gainful employment opportunity, private industry, the prevention and
control of the pollution of the air, land and waters of the State of North Carolina in the safety, morals
and health of the people.
Brief on functions: (1) To aid in the financing of the industrial manufacturing facilities for the
purposes of providing employment and raising below average manufacturing wages by financing
industrial and manufacturing facilities through the issuance and sale of tax free revenue bonds; and (2)
to provide tax free revenue bonds for established industries that are in need of modernization in order
to meet the pollution control requirements of the country, state, county and city.
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
William H. Cameron First 2/15/93 2/22/1999
P.O. Box 3649 Second 2/15/99 2/22/2005
Wilmington, NC 28406 Third 3/14/05 2/22/2011
251-9822 (H) 762-2676 (W)
Thomas L. Dodson +Z~~ First 3/20/95 2/22/2001
?f 155 N. Front Street Second 2/21/01 2/22/2007
Wilmington, NC 28401 /O!O1 Third 3/12/07 2/22/2013
343-1812 (H) 251-5035 (W)
Brian McCormack First 3/12/07 2/22/2013
822 Lambrock Drive
Wilmington, NC 28411
686-7403 (H) 815-2718 (W)
Frank J. Oddo Unexpired 12/15/03 212212009
8312 Sidbury Road
Wilmington, NC 28411
686-4281 (H)
182
INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY
(CONTINUED)
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
R. Hill Rogers First 5/21/01 2/22/2007
1201 Country Club Road Second 3/12/07 2/22/2013
Wilmington, NC 28403
763-0273 (H) 762-2676 (W)
Robert F. Ruffner, Jr. First 2/15/93 2/22/1999
1801 Hawthorne Road Second 2/15/99 2/22/2005
P.O. Box 4189 Third 3/14/05 2/22/2011
Wilmington, NC 28406
343-1017 (H) 392-5220 (W)
Kurt Taube Unexpired 6/20/05 2/22/2009
3802 Providence Court
Wilmington, NC 28412
392-5610 (H)
Ex-Officio: Steve Diab, Attorney 3/07
16 N. Fifth Avenue File: \Industry
Wilmington, NC 28401 B/C# 14
763-2426 (W)
183
New Hanover County 230 Government Center Drive
Board of Commissioners COMMITTEE APPLICA nON wSUitte175 NC "8403
J mmgton, _
Telephone: (910) 798-7149
Fax: (910) 798-7145
Board/Committee: ,.,.4{L:../ ~1/('r d,.?v>J .:z;;;-cbs~~/ ~;{~;-.s v.~ 44.~bA a,r.~/ ;':;:;HtCI~
Name: Ai g;,.m d c::Jaf/1 -' /# A'.wj(or~
Home /1,./ ..+.
Address: -::5/6'~. / ,A/;z;I 5:#1'1'/ ,./JY/J'jf//??/<ff!/J ,;<y.:,/O/
(Street) (City) (Zip Code)
Mailing Address if different:
E-Mail Address: pPl~ e .,ud'-rc/,::vds/11/4. Co/YJ ('}
Home Phone: (c;/o )399-/6i'O Fax: (9/o)If!-JII~ 1/tt7'tell: (;2S~) L.jq.lf~ t(J;:;siness: (J/O) t1-9q.- 'Iff /j
Years Living in ..J./
New Hanover County: kH lAp.;, ol7e Male: Female: Race: (lo..tAce:-r;/&:-,;., Age:.:29
/ ) ~L/ (Inform ation for the purpose of assuring a cross section of the community) 1 ~
Employer: /-Jtf'-.rc/ VV1c1 ->,ht/7/;1 AI. ~ I
(A person currently employed by the agency or department for whicb this application is made, must resign his/her position with New Hanover County ~ {.
upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Polie~'.) ~ ~
\
Occupation: \.. "-
$;..
Professional Activities: ,,;tP/f(.,..st'" .$a ~c:/ ~ ,~
Volunteer Activities: ./5oe;..,c:/ ~h1bt"r LoL-Jf"_ C""PI' ~ ~
./ F ~"
Why do you wish to serve ou this board/committee? 5t"rt/t' c;J"A.h-#; "\ '
/QI/A-/-" -/' J
Conflict 0 nterest If a ard member believes he I she has B conflict or potential conflict of interest on a particular issue, that m ber should sta e this beUefto the other
members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private or monetary
interest, either 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? /?Ioc;4r/l /;Z"" ~O"'" or'
~ s;?t....6h ~cI k;.{;4;.. >
Qualifications for serving: /~St" 5'("(' ~ch ~ ,/~/p.rTfCr> ~&:--'t"3 c::>A /~r
'?'/)d e~~#J'/.....,r ~ ~.nP7/Q/?4-P~ /S..:S?f/'-S.
Other municipal or county boards/committees on which you are serving:
~~[E~WlfE
List three local personal references and phone numbers: OCT 2 5 2007
1. /'.9/0 9/6/- /772l?
2. /2.u ('9/0 '8/6: - .:<tf'ij9 NEW HANOVER CO
3. dd-,n, &~/~ ("';7/0.) 5'/0 - ~1'tfr
Date: Signature: ~
Use reverse side for additional comments
184
William A. Oden, III, a North Carolina Labor and Employment Attorney Page 1 of 2
William A. Oden, III
University Corporate Center Mailing Address:
127 Racine Drive Post Office Box 7068
Wilmington, North Carolina Wilmington, North Carolina
Get Map 28406-7068
Phone: 910-794-4813
Fax: 910-794-4877
Email: wao@wardandsmith.com
Mr. Oden's practice experience encompasses various areas of civil litigation in both the
federal and state courts at the trial and appellate levels. He regularly represents employers and
employees before the North Carolina Industrial Commission, the Equal Employment
Opportunity Commission, the Occupational Safety and Health Administration, the
Employment Security Commission, and federal and state wage and hour divisions. Mr. Oden
is a frequent lecturer and advises clients on a wide range of personnel issues, including, Title
VII, Family and Medical Leave Act, Americans with Disabilities Act, Age Discrimination in
Employment Act, and Fair Labor Standards Act. He also advises clients on environmental
contamination issues in commercial and industrial property transactions.
Practice Groups Practice Specialties
J"llig:;;D9J1 Construction Litigation
Construction Employment Discrimination and Harassment
baj;lQL:;;n~L~IJ1J>lQylDi2rl! Employment Litigation
Environmental
Occupational Safety and Health
Workers' Compensation
Bar Admission
North Carolina, 2004
Court Admissions
All sfate courts in North Carolina
United States Court of Appeals for the Fourth Circuit
United States District Court for the Eastern, Middle, and Western Districts of North Carolina
Education
J.D., Campbell University, 2004. Moot Court, Trial Team, Business Editor, Campbell Law Review.
M.BA, Campbell University, 2004
BA, University of North Carolina at Chapel Hill, 2001
Memberships
American Bar Association
Craven County Bar Association (president 2006.2007, vice president, treasurer, secretary 2005-2006)
Lower Cape Fear Human Resource Association
North Carolina Association of Defense Attorneys
North Carolina Bar Association - Sections: Construction Law (assistant editor, ChanQe Order); Education Law;
Labor and Employment Law (contributing writer, Labor and Emplovment); Workers' Compensation;Young
Lawyers Division (Judicial Representative for District 3B)
North Carolina Society for Human Resource Management
Society for Human Resource Management
Publications
httn. / IUi'(U'(1.] Hl-:ll~rJ >:lnA Cr'n1t'h roAm fD<:l rn:"C' l<:lt+A..-M,cn:10 I,"XTtlAa.'n h+'FV"O 1 1 AI"'!') f')rvY7
185
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186
COMMITTEE APPOINTMENT
PLUMBING BOARD OF EXAMINERS
1 VACANCY: 1 MASTER PLUMBER
ELIGIBLE FOR
APPLICANT: REAPPOINTMENT
Ernest C. Skipper X
Attachments: Committee Information Sheet
Application
187
PLUMBING BOARD OF EXAMINERS
Number of Members: 3
2 Master Plumbers and 1 Journeyman Plumber
Ex-Officio: New Hanover County Plumbing Inspector
Term of Office: Three years
Qualifications: A journeyman plumber is a person skilled or trained in the installation of a
plumbing system in commercial or residential properties; and shall have in his possession a valid
license issued by the Board of Plumbing Examiners of New Hanover County, or a valid license from
another county in North Carolina.
Compensation: None
Regular Meetings: N/A
Statute or cause creating Board: N.C. General Statutes 14-4 and an Ordinance requiring
Plumbing Installations to be made by Journeyman Plumbers and governing the licensing of
Journeyman Plumbers in New Hanover County, dated October 20, 1975, amended May 17, 1976.
Brief on Functions: To administer tests and issue license to qualified plumbers.
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Michael Burdette, Master Plumber First 11/17/03 12/1/06
223 Oakleaf Drive Second 11/13/06 12/1/09
Wilmington, NC 28403
790-5267 (H) 392-6972 (W)
Randall J. Siegel First 11/13/06 12/1/09
448 Marsh Oaks Drive
Wilmington, NC 28411
686-0068 (H) 352-6766 (W)
Ernest C. Skipper, Master Plumber First 12/20/04 12/1/07
P.O. Box 15015 .:D~
1609 Sunrise Lane
Wilmington, NC 28408
395-1410 (H/W)
William Eubanks, Chief Plumbing Inspector 11/07
New Hanover County Inspections Department File: /Plumbing
230 Government Center Drive, Suite 110 B/C #25
Wilmington, NC 28403
798-7206
188
NEW HAND VER COUNTY
BOARD OF COMMISSIONERS
32D Chestnut Street, Room 305 COMMITTEE APPLlCA TIO
Wilmmgton, NC 28401-4093
Telephone (910) 341-7149
FAX {91G; 341-4130 \~,
Board/Committee: k V \ ().
Name: bfneS1- CJeveJ ncL 0K~pp81
Home 0 L. ' I r. 'I V1 f f\ 9
Address: '-.-)UJ\ ( I,Sf:.- J,..Ll f) L c:;:;Z- 0 TU
(StrBst) (City) (Zjp CDds)
MajlillgAddressifdifferent:~OWv.. ISDIS l.,t')\ Im;h~f\ ItC d~~
(City) (Zip CDds)
Home Phone: 3 Ys - [ y-...-\ D Business PhDne: 3 qs- -/If-"I D
:'9n.hislhsr position with
unty Psr.sonnsfPoficy.J
Job Title: DID V\ EX"
Prof='_ Acfivi6es, ~~.' ( S t. i P PeJ( S fLu m h .. '" s \
VJJlunteer Activities:
Why do Y" wish '" __ on #is ""_committee' % J:X' ~ 'I n VI) kjJI (I ciJJ e)!T),I]J I/i un ;~
Conflict Df.Jntsl?8t: If a b081dmemberheliiwss,belshe,has.B conf/ir:;torpotentia/-.conflict,of interest Df'J ,a jJsr:ticuiarJssue., thattmember ,should J;tate this belief to the
o.ther member.s..r hlS/herrespectiv.e,bosrd.dilEing" pUblic.meetirUJ. The member shoulfj 3tote thenawreof the C!Jnfilct, d.etsi/iJ?fl that helshe hes" sepsrste, private or
monetar.y inrerert, either dkect41r indil6ct, in "the issue Und$rcDr:Jsider.atioTl. The, member .shoak} then .excuse ,J;;imseiflherself fr;OlTJvoting rm ,the matter.
What areas D.fcoDCeln WJJuld you like tD see addressed by this cDmmittee? (\10 rG pV-b tG QJ.!rt Cf17GS;.S
QualificatioJJsforseRling: c9/1~Ltr0 In JJUSj'/1G\S
Other municipaf or county boardskommitteesDD which you are serving: n O{\f -'
Three local personal references and phone numbers:
1.
2.
3.
Date: ~e.c.A" 3 /lOD ~ Signature
nJ:JfiutiDns an~ Jr#w) nn filA fnr '1 R rnnnf-h:r:
189
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190
COMMITTEE APPOINTMENTS
ZONING BOARD OF ADJUSTMENT
4 VACANCIES (TERM 12/1/2010)
2 Regular Members
2 Alternate Members
ELIGIBLE FOR
APPLICATIONS REAPPOINTMENT
(These applicants qualify for alternate positions also.)
Robert F. Cameron, Jr.
Peter DeVita
Brian C. Eckel X
Olen Frank Roberts, Jr.
Peyton Williams
Alternate (Only)
Tim Fuller X
Attachments: Committee Information Sheets
Applications
191
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT
Number of Members: 5 plus three alternates
Ex-Officio: Planning Director
Term of Office: three years
Regular Meetings: Fourth Tuesday of each month at 5:30 p.m. in the conference room
at the Government Center, 230 Marketplace Drive, Suite 110, Wilmington, NC.
Compensation: $20.00 per member per meeting plus auto mileage
Statute or cause creating Board: N.C. General Statutes 153-A-345, 266.17. The
Commissioners increased to 3 alternates 11/21/94 (officially 4/1/96). The Zoning
Ordinance requires members to be appointed from different areas within the County's
zoning jurisdiction.
Brief on Functions: The Board of Adjustment is a recognition of human frailty. If it
were possible for the legislative body to write a perfect zoning ordinance which would
meet the needs of the community while at the same time avoiding hardship in individual
cases, there would be no need for this board. Because that has been found near
impossible, the Board of Adjustment has been introduced as an integral part of almost
every smoothly operating zoning enforcement mechanism, serving as a "pop-off valve"
to relieve pressures resulting from hardship cases.
In New Hanover County, the duties of the Board fall into two general categories:
Interpretation and Granting Variances.
Interpretation: The function of the Board of Adjustment which is most closely similar to
that of the courts is interpretation of the Ordinance. This function involves (a)
interpreting the meaning of parts of the Ordinance which are unclear, (b) applying the
Ordinance to particular fact situations, and, if necessary, (c) correcting any mistakes or
abuses of discretion which the Building Inspector may have made in administering the
Ordinance. In exercising this power, the basic principle for the Board to keep in mind is
that it must not vary the Ordinance. Its function here is to interpret and apply what the
governing body has written, not to vary that legislative pronouncement to fit its own
ideas. Its decisions must be in accord with what the Board believes to be the actual
meaning and intent of the Ordinance.
Granting of Variances: General Statute 153A-345(d) provides that, "when practical
difficulties or unnecessary hardships would result from carrying out the strict letter of a
zoning ordinance, the Board of Adjustment may, in passing upon appeals, vary or
modify any regulation or provision of the Ordinance relating to the use of land, so that
the spirit of the Ordinance is observed, public safety and welfare secured, and
substantial justice done."
192
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2
Basically, a variance is a permit, which the Board may grant in certain situations,
enabling a property owner to make use of his property in some way which is in conflict
with the literal provisions of the Ordinance. Sometimes a lot so small or so peculiarly
shaped that the owner would have great difficulty in complying with the yard
requirements and yet erecting a suitable building. Sometimes contours of the terrain
are such as to create hardships in complying with these requirements. Sometimes the
lot is located in a cluster of nonconforming uses which will prevent the owner from
securing any reasonable return from his land if he complies with the Ordinance (as
where a lot in a residential district is surrounded by nonconforming business structures).
When the Board grants exemptions from harsh provisions, it is "granting a variance."
Finally, it should be noted that there is a good bit of "law" connected with the duties and
responsibilities of the Zoning Board of Adjustment. This is understandable, however,
when one considers the importance of its decisions which expand or limit property
values. These are issues which must not be dealt with casually or arbitrarily.
The above has been largely excerpted from the Zoning Board of Adjustment in North
Carolina by Michael B. Brough and Philip P. Green, Jr.
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
Brian C. Eckel 1\1\'1'. e ~ l<el ~~!ol\o First 11/22/04 12/1/07
k 2007 Churchill Drive '<"'(,.:> f oV'\C1 e& ~ ~
./' Wilmington, NC 28403 \'",+<- "'II\.'\\O\l\.~ W :"'e. j I
762-3439 (H) 332-4114 (x-101) (W) .se.",-\-- e. ;o('<i <:I- ",,&.cH..e.d..1 ~.
~1/19/01 12/1/04
* ~11/22/04 12/1/07
Michael S. Jones First 11/17/03 12/1106
4751 College Acres Drive Second 11/13/06 12/1/09
Wilmington, NC 28403
793-9703 (H/W)
Michael V. Lee First 11/25/02 12/1/05
300 N. Third Street Second 11/21/05 12/1/08
Wilmington, NC 28412-7179
763-4669 (H) 251-7001 (W)
193
NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 3
TERM OF OFFICE
CURRENT MEMBERS APPOINTMENT EXPIRATION
Dan Weldon First 11/21/05 12/1/08
6803 Hardscrabble Court
Wilmington, NC 28409
790-1050 (H) 383-9800 (W)
ALTERNATES: 'b~ Unexpired 7/24/06 12/1/07
Peter M. DeVita ,.., _^-^ +-
* 2104 MedeiraCourt '-<<-1rr--' CU,) " 'JA
Wilmington, NC 28405 ~ /" -.,..
509-3055 (H) 262-2113 (C)
Tim Fuller D . First 11/22/04 12/1/07
* 133 Settlers Lane l ~
Kure Beach, NC 28449 ~.
458-6900 (H) 251-5030 (W)
Carmen Vincent Gintoli First 11/25/02 12/1/05
317 Ventura Drive Second 11/21/05 12/1/08
Wilmington, NC 28412
799-5501 (H) 254-4325
Staff Support: Ann Hines, Chief Zoning
Officer 11/06
New Hanover County Inspections Department File: /Zoning
230 Government Center Drive, Suite 110 B/C#33
Wilmington, NC 28403
798-7118
194
~ ~ ~ ~ ~ WJ [c ~
S
New Hanover County
Board of Commissioners COMMITTEE APPLICATION SEP 2 9
320 Chestnut STreet, Room 305 L..;
Wilming.ton, NC 284nj-4093
Telephone (910) 798-7149 N [W HMWVE R
Fax: 79g~7]45 SO. or
Board/Committee: Board of
Name: Robert F_ Cameron, Jr.
Home
Address: 5119 Nicholas Creek Wilmington 28409
(Stl'eet) (City)
Mailing Addl'ess if different: Post Office Box 1598, Wilmington, NC 28402
Home Phone: 910-313-1961 BusinesslWorl, Phone: 910-762-9635
Years Living in Race: Caucasian
New Hanover County: 29 Male: Female: Age: 36
(Information for the purpose of assuring a cross section of the community)
Employel-: Riverside Management
fA pers on cn rrently employed b)' the agency or department for which this Dllplication is made, must resign New Hanover
"Ilon 81>pointm ent, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.)
Job Title: No formal title I manage rental properties and other family business interests.
Professional Activities: Toastmasters
Volunteer Activities: Cub Scouts, children's school activities
Why do you wish to serve on this board/committee? The ZBA has the potential to impact individual
lives and the community as a whole in a positive way by making sound decisions.
Conf1jct of Interest: If a board member believes he J she has a conflict or potentia! conffict of interest on a particular issue, that member should state this belief to the other
mem bers of his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separatf:, private or monetary
interest, either direct or indirect, in the issue under consideration_ The member should then excuse himself I herself from voting on the matter.
What areas of concern would you like to see addressed by this committee? I would like to assist the Board in
continuing to make sound and consistent decisions.
Qualifications for serving: See attached resume.
Other municipal or county boards/committees on which you are serving: none
List three local personal references and phone numbers:
1. Edwin L. West - 910-254-4748 (w)
2. Benjamin P. Wright - 910-509-2200 (w)
3. Dr. Vince Howe - 910-962-3883 (w)
Date: '1/ar/o' Signature: ()JJ ~ ~. J^-.
A.pplkativns ~lre kept on file for 18 months Use re'verse side for additional comments
195
Robert F. Cameron, Jr.
5119 Nicholas Creek Circle
Wilmington, NC 28409
Home (910) 313-1961 WOI'k (910) 762-9635
rcameron@ec.rr.com
Education:
University of North Carolina at Chapel Hill 1991 B.A. - Political Science
J{/ake Forest University School of Law - 1995 J.D.
Jessup International Law Moot Court Team
University of North Carolina at Wilmington - 2006 M.B.A.
Outstanding M.B.A. Graduate Award
Outstanding Academic Achievement A ward
Beta Gamma Sigma Honorary Business Fraternity
Learning Alliance Most Value Added Team Award
Work Experience:
Law Office (~f Matthew T Dill
August 1998 December 2001
] worked as an attorney performing estate and tax planning, estate administration and
trust administration. My activities included drafting wills, trusts and related documents,
advising clients on tax matters and handling the administration of decedents' estates. A
small percentage of the work also involved business, domestic and real estate law.
Dill & Cameron, P.LL. C.
January 2002 - January 2004
] became a member of the law firm of Dill & Cameron, P.L.L.c. upon its formation. ]
continued my previous practice in estate planning; however, my responsibilities now
included firm related decisions and management issues.
Riverside Management, lnc.
February 2004 Present
Riverside is a family S-corporation which operates 11 convenience stores in the
Wilmington area, as well as maintains various rental properties. My responsibilities
include dealing with legal matters related to the C-stores, negotiating with rental tenants,
and assisting in the purchase and sale of real estate.
Other Activities:
Toastmasters
Licensed Real Estate Broker (inactive)
196
JUN-08-2005 WED 01:54 PM NHC INSPECTIONS FAX NO. 91019JI!>3b P. Uc/Uc
New Hal,over County
Board of Commissioners COMMI1TEE APPUCAT10N
=-=-
120 cm:a..u' Slr"'~ ...... J03
wn..l...... Ne: 2~401.409l
T.l.ph.... ('110) lH-1l0
FAX ('IIOl3414110 2&O/)/
BoardlCommlttte:-'1.LbJ ~.K../L a
t1 t
Name: evt::-J1':::-....(( ~ pLE' _J / m 2 g yo S'-
Home .fJ1l;;':!2F :;:'R 1-\ cr l A.J l L Yh. i ,/{ (;, 7 () r1 tlC
Address:2 / 0 i
- .
(s.",.,) (ClIy) (7.1, Cod.)
Mallblg Add.-eu if dllfennt:
lIome phone: 9/0 50 'f -30.s -5 BlIslnesslWork rhone: t!: - r;/ {J :;< t, ;Z '~/Ij
Years LMllg \11 .::2D- ...,. Mall!:4~l!m.le; ~ llllCl:1 Age: t;,,2-
New Uanover Ceunly: -
(I.r......'." h. ... p.r,_ .I._rlo, I ."'.. ,..u.. III ... ..'" .....llyl
'fmployer: C M~ r~* t!:, U e:;'X'! uNXJ) c'>
(t\. p.r... ..noll1l, .."1.,.4"",,,. IC'..' "' ..,It...... f.r ....Id. .", .,,11..'1... It ...... ....1 ...IC. "I"'.... .....lIt.. .lIb N... Ih".n. e..."
.,.. .pp....d...l,.. .ce....... .lI.. ",..t. VI. 8..1".., . \If'" Now H....... COIIlIlY 1'.",....11'.11.,..)
JobTII\e:.YQ.Pl vcY'\T _.C4-PC; I- t::: )(}/(. f( l cJ c:: 'v'<. u..Jl en (j \ '.) -
ProfemOlllJaI Aetivltiesl
Volulltetor Adlvltles: '2.. (l) \"""lTrL T 'T ,
Why do Y'" wi,h to ser"t flII this baardleonamltlee? ~ )t'9 L/ Sc:::::Je Ol /l c. "[b-+t:::/"
.- I
Z~l ~~:r.~t '-; . u.~ (~!2. ~.l!::;;...~ ~.,m~.~m.t .;:,.c::.~n ~~~.,?, M<..:::::'mb:'~.~d'l.~ fhe bo"ofl. ~u .~.r
m.",ilen olhtit' hfJfi'Hlloctllflll ""flint dud"If' p"ltUc; ",..,lInll_ nt. ",.mllltf ,tJoulrl.r.to ,.... ufM I)' Ih. 'OlIlfk:t, nr.I1Jn, thttl ftol$Mlta.. sept1fltcl, prlvlI'o or mott.',ry
I,d.Tn', f/lUnwdl,..;' C' ,,",lroel.'11 ". '"~ uftllfar ton.,p,a,'ott. TIl_ mumCl:or ShDllfd 'ft,,, eJlCli"lthn.." I hon;""'N,)Iff "!JUnQ 0" 1". Iluut.r.
Whlt..-ea' or colleen would you like to see addressed by this commlUft? _t</ ;111
I
-
Qualllkatlons for senlll~: ~~ S" e'"RU1;::~~f".. T l"'t l S. ~$-.A:p(">
t'" "'11+c YAS"J.'"
Of Iter munitlpal or COQnty "bolrdskommittees 011 widell you are .erviag: ;./0 /1 ~ ~
Ust three 10('111 perllODsl referenteS and pllone numbers:
1.~~l":::> I?-I-pp1 ';?Ce:2-- ~I () 7
2.~O hR., Y\~~t€J-r ,Q C:, ;L /6 . 7
3. .-:to /YI i( f: 1.;:. II; $' ?-(e - :3 00
Oal,t: __ /; - !'-- () ~ r
SIl.ll1ature:
Ap"t",_,,,,tI au ...,t a. ale for U ".Ilth,
--
197
02105/03 WED 18:12 FAX 9103324145 CAPE FEAR COMMERCIAL f4J 002
New Hanover County
Board of Commissioners COMMITTEE APPUCA TION
320 Chestnut Street. Room 305
Wilmington, NC 28401-4093
Telephone (910) 341-7149
FAX (910) 341-4130
Board/Committee: ____.-??~dJ..""::!----=__ ~~t:!._.l>-P-..._AI!~~ ______________________
Name: ___~~~~_~___~~~q_____________________________________
Home ~
Address: __ 2 3Q '4:_~~IV\~__~______ _l!.!!ft_LrJ ~--------2.~~~__________
(Streot) (City) (Zip Code)
M ailing Address If different:
Home Phone: __ Ci\lQ_.:::L~,]...:_~':l~_______ Business/Work Phone: ____g10 ._'53 '2_,-4 \ \~______
Years Living In 20 Cloolt o~ A J
New Hanover County: -!oQ-..l.\.E.~R':?..-- Male: _::J Female: ___ Race: ____\:Dn______ Age: __2.s,__
(Inform.llon for the pur po.. of.s.urlng. trOll ..c1ton oftb. community)
Employer: ---~~~_~C~~~c. \~~;----------------------------
(A peroon eurrently employed by tbe .gency or department for wblch th .ppUeatlon" made, mu.t ..olgn hlolher poslllon wlth New Hanover .
County U~PPoJntmont.ln .ccord.n.o willi Article VI, So.tlon 4 of the N... Hanover County I'orsoonol Policy.)
Job Title: _____Pr{2._l)Jti<-________________________________________________
prof~sIOnaIACtlvlt~S:__~~~~~~~--~~_~~~_______________________________
Volunteer ActivIties: ---~-~l::t--f~~--.E~~OrV\.-\..~--Bf)I.I2l?--~~~~+~~~\IT.s ( H-tt 'R
Why do you wish to serve on this board/committee? _3~ C --(.3l__'SS.t:~s.Q!iL___~15o _______
-~~~----m~-~~.E--~---'B~~-~--~~-'lfll~~-J?\- "nL___
---~~~ '=-~---4~<;'F:J-E----Qcl----~-1.~~l~~~~-------------------
What areas of concern would you like to see addressed by this committee? ____~_'Q.._____~~~___~____
~ \; N"\-
----- ----~~---------------------------------------------------------------
Qua"ftCd~nS~ur~ng:___~~_~__~~~~~~~
--D_v.J~~1----~.TI:bL~T-- ~----~--~~___~~____________________
Other municipal or county boards/committees on which you are serving: ______~ 1&:.________________________
-----------------------------------------------------------------------------------------------------------
Llsl three local personal references and phone numbers:
1.--~~JJ_~__~L___~_~~_t--l~---------- ~J_~~~l_:1_~_~~_______________________
2. _~__ ~-~-~~__=_L~_I!<__L(_________gj D_~_5Qi~_'3.~1~------------------__
3.--__~~___~Jt,~___~<2~~____________________:1_L~~_ ~{~_~_~~~_~_________________
Date: __~15_t~ __________
Applt.IUORl Ire kept on m. for IS month.
198
New Hanover County
Board of Commissioners COMMITTEE APPLICATION
320 Cbe'lnut Str""~ Room 305
Wilmil\gloo, NC 2&401~4093
Tekphone (9tO) 34t.7149
FAX (9l 0) 34l.4130
BoanUConmmffee: Zoning Board of Adjustment
Name: Ti.m Fuller
Home
Address: 133 Settlers Lane !Cure Beach, N.C. 28449
(Cl1y)
MaiIlng Address if different:
Home PboDe: 458-6900 BusmellSlWork Phone: 251-5030
Year! Living ill :R.a.:e: Wh.i te Age: 52
New Hanover CeuDty: 5 yrs 10 month MaJe: .. Female:
-- -
(laforntaUofl (or 1he purpose of tlssuriac:a eross sedloll or t~CI co....nity)
Emplo~'er: Biltmark Builders
(A pcno. -=vrr..tly ...pJoy~d by the .cency or .epartraent for wbjch tills appJiC=At.oa is _.de, ..u,t r.siln .i!t/her positio. with New HaDover County
UpOD .ppointm.ht. in a<:eorduc. witb Article VI. SedloR 4. c:f fbe Ne.... n."over Count). P#nottnal Policy.}
Jobl1tle: Procurement and Permitting Manager
ProressioDal Activities:
Voluateer Activltie,: Island of Lights Committee: Rure Beach Community Center: school related
Why do you wish to serve on this boardl.:ommlttee? I MI interested. in how N_ Hanover County develops
and grows and in the way County gover-.nt. works with New Hanover County residents.
COlln;,t or ',U(l,..t: , e boMd msmber Nli6ves he Ishe h8$ . eonflcl or pobnt.' conflfctof Int.rest on a particular inue, met member Should .stele lhe belietfo tile other
members of his I her 'l1spectiwJ board During 8 pUbUc meeting, Tile member .shoulC 51.'e the nature of tit!' conflict, delafJIng that hol$he has I $ epar.te. privete or monetlfY
Intere~t, eilher direeJ or IlIdlrect, In the IS$u~ under COflsideratlCfj. The mambo' Chould then excuse himself I horselftrQffl voting on the matter.
What areas of concern would you like to see addressed b~1 this committee? General issues of qrowth, maintenance
of standards for bu:i.lding and development.
Q arti ti r. . Knowledge o:f New Hanover County Zoning' Ordinance: willingness to work:
U I ta ons er servmg:
30 years experience in the contracting industry.
. _ Kure Beach Town Council' Plumbing
Other munldpal or ceunty boards/committees on whlcb yell are serving: '
Board of Examiners (term expires 12/1/03);Solid Waste Advisory Board (inactive)
List three local personal referen.:cs aDd phone Bumbers:
1. Mr. Bill Uf:ferman 458-9705
2. Mr. Rich Camilletti 452-4663
3. Ms. Dottie Herman 458-3905
Da:tJo--I e~1 " 11~ fF
Applications arc kcp~a. m. rllJr 18 h Uu NYCrsc sidt' fof' addit'oaaJ eo.. ...h
NOV 1 7 2003
NEW HANOVER CO
80 or COMMiSSIONERS
1 - d 8816-1SC-016 -d..lo:J ).f..leW~I~S: e8l : 80 EO lol 1\0'"
199
Oct 11 06 05:22p Frank 910 799 0330 p.1
New Hanover COllnty
Board of Commissioners COMMrTTEE APPLICATION
320 Chc:struat Street, Room 305
WitmmSIo.,l-IC 28401.4093
Telepboft<: (9(0) 798.7149
Fax: 793.7l45
Board/Committee: PlIIC- ZO.4I,JG- &~ o~ Ill) ;Tt/.J7Y'76Vr
11 I(
Name: OW ~ ."'f-,)/( /(CJ(j~;::j.::rn. .
Home .
Address: /63'1 ;::::U;(.uvo&f:.LAJ. tJ;L/t7/.A./t;md 4C- 2?fI"Cy
(s.......) (City) (Zip C.del
Mailing Address if differeDt:
HomePlMlne: (911/) 3'2' 537Y BusioessIWorkPboDe: C.~(tJ/P)279,tJ.P2..5 (',' s92...:J~/Jy
Years living iu
New Huover County: 1.5'" Male: X Female: _ Race: C/tHC/J.-o"O...l Age:~?
(lnfortll atioD for the purpose of ass urine a cross Jettion or1be eommu. ity)
Employer: .r=7f'~~' .J?06<"'i1 /.T' ccUl,.r77?p-c77o.v Cl'1., /;JC.
(A perNII c.rrern dy t:mp)oyecl by tbe a:eJlcy or dqtarlment for whieb this application is madc. ".,f reliea his/he.. poSitl04 with New H.Dover Couaty
.pon appointment, in. accordal'ltee with A..ticl~ VI, Scctien4 of tk New Haoover COIIaty Pers.noel P.&c,~)
Job Title: ;>,.fC~.tA:ftJr
,mtn&X " WCrHiPl.l' c.1-JI!I1~" ,Na/#b-EIIVrf'f OJ~ VI!7'TS<t,~ C~..JCI<-.
Professiooal Activities: MVOIL1.=.t O~ (;~..;r;,t&'r:~ ,At.: MJ7Y~'~' ~4 ~y -4AJl77.<.f" C/JJt":r:n'e'
Ol'\.S,:I~~ ~ t!fl"1.1""'.:.rN"..fi:;-r ..s:;""~,1lt-.f'" I)~ r;'v~ ,~ iI!:~ '
Volunteer Activities: L. ~ vl1')/ /7:7hJ.r{ . ."'~J'1' CIfUfiJf/.
C"''ff: .41ifNJeKJ. Ii', P 'I' ~'~p C
Why do you wish to serve on this board/committee? 77J 6i??..J r1Pz'J}-n'f!.. X"J:/IJiJ#Oif' ~ /;,.;a7~.P-:
tJ#7~'{f ~,,.J6- IhJ ~tf~ .t:()(...( 77) "",,/""';:>17.:'6' /"It' /'<cr"71'3?S:"/*"N
./.bit) bllI~~ ('()/~.frJP.Ai;(JP7;;../ '/#i:5IZ~;: WIn:/' C(?w#"/Y f)~CI ~
Conflic. of lOier.st;' 1!. board member beHfflles be ISbe has a coMbel Of pDrentitll contlict of interest on B panir::lJJar isslla. Mat member shaulrl sr.te Ihl!; tlefifJfro the OIher
members of his I h",- resp ecUye boBrd <furlng a pubJir; meeUnp. The member stlouid s rale lhe nature of the conflict, detamng Ihilt be/She has a s"parate, privste or mon:&tCtry
intemst. eilb"r oirt!cl or indirect, fft the issue unCh!r con$ir:1erafjolt. The member $houkJ then eXCLlse himself I hers-elf from lIol1ng on the matter.
Wllat areas of concern would you like to see addressed by this committee? 1'1/t- .o~I""..I'? ~ r OP
CPJJS7.rT6!C,/ ~/V...~v1Y ffiIo /A'Jl'dl'16.tn:r77thJ ~ Au..... ,.pr1}l/...tJ jAlI/()(....l/cf,a
" ,/
Qualifications for serving: &tt../J.7t. t.k1?/7.J" l../c~ C~ ?~M9ZA:t"1"7
-ZR .Y6'9eJ .fb!!V'b PI/77 (p'(6. ft.1'a'.< /",,$'1""" ,Rt&/5Jn ..i?'Y #- /~.~ CH7~ vr -'
~.4ttP1.-t~ j,JTlf'Z.U(j<-~ '?~/AfrJ ~VAl#1PG- Pkf ~G? /?~/77.."'J<!' .s6t:u~ UJre'
/J:f tJ~ 4:s' j)~/"vr; 7116 ,/U.:M' /lJ'X1'/?'''''''C ...s'Gcuit~d ./'~ t/.JJ1Vt- .~/:r'Zrl'(r6!.."'t:.. ~ ~
Other municipal or rouDly boards/committees 011 which you are serving:
{i?"';Gdffl~ ,,11 (;. ).)i'7A6':S I11/L J':t?'>t!:Y ,~-'Ct t:;?;~
List three local personal references and phODe numbers:
1. :TdP C:C7/~~ bJ'b - i7tt/
2. RICk /?crn/~I/I'6o.r 620- 'f.?t7/
3. '/ k{ ()~g6e6- '/3/- 6/2s"
Date: 10 - / tl - Or: Signature:
Applications are 'up' on file for 13 months .3~ ~verse side (4)T additional <:om ~11t5
200
OCT-12-2007 09:35 AM Bonded Bui Iders Warranty 9107984041 P. 2
New Hanover County .~o Governm.nr CO.lOr Driv.
Board of Commissioners COMMITTEE APPliCATION Suite 17S
Wilmington. NC 28403
'rel.phon.: (910) 798.7149
Fax; (9tO) 798.7t4'
Board/Committee: Zoning Soard of J!\.djustment
Name: Peyton W~lliams
Home
Addr~s: 6~1 walston pro Wilm.ington I NC 28412
(Stroet) (City) (Zip Code)
Mailing Address If different: P.O. Box 15527 Wilmi.nqton I NC 28408
:a-Mail Address: peytonwm@ee. rr. COlli
Home Phone: 798-0774 Fax: 798-4041 Celt: 612-8006 Business: 798-0021
Years Llvlnc In
New Hllnover County: 11 Male: J_ .: Female: -= Race: Aie: 72
Employer: FJ:lT Investments / LLC (Intorm.non for rb. pnrpo.. of euerin. . cre.. n<tl.. of tbe community)
(A penon turren,',' employed by the .,eDer or dfpartmetlt tor w"left tllis .ppUeation i, mlde. MUlt rU111l hla/her poaldob with New HAnover County
upon Appointment. In ...ord.... ...lIh Artlcl. VI, Se.lio. 4 ot Ihe N.... lionever County Por...n.1 Pottey.)
Occupation: nireotor Sales ... M&~ketinq
Professional Activities: Member or Boa.rd of Directors Wilmington lmA
Vohmteer Activities: Neighborhood and local charities
Why do you wish to serve on this board/committee? Provic1Q help ... support tel the c.itizens and.
oOWll1.:lnities of New Hanover County.
CotlflJt.t of Infere.r: If, oQ.r~ mfmOsr t)iillfJves IlS Ishe Ilea 6 confli~t or pctsnUBf COtHfJel o( ilItefe't QIi . P.rt.tcuJsr IBsue, f1'I*f mlmber shouJrr srate tf'll! beUeftg ins orner
me/l"lbel't Qf hil/1l1t ",p,at/va Dosn1 ctunnp 8 PUlJflc m eellng. The m.mb&f Sf)oulti ,ta,e fh~ "'tUf. Qf th, conflict, t1el~iJil'lg that nS/$IH,1f8B S Bepaf'~'e, pr;v,t. or monetary
iitre/ut, tith,' "irfct or incttrect In fMl/uve under r:OltfJdtu,tiOfl, The mFlmlHJr Sf}O/JIr; th'(1 flX{;US' himself I herself from yotlng 011 Ins metier.
What areas of concern would you like to see addressed by this committee? My concern would be to help insure
that our fellow citizens who appear berore the board are treated. with respect and fairness
Qualifications for serving: Rel!lident of New Hanover County tor over 11 years. I have spent Ill&ny
years in the areas of rl!!lal l!!lstate and. home construction.
Other municipal or county boards/commIttees on which you are servin~: none
List three local personal references and phone numbers: OCT 1 2 2007
1. Jeff H:.i.lton 279-0192
Z. JOB LaChapelle 796-2075 SD. OF COMMISSIONERS
3.Pll.VB Thomal!! 395-5865
Date: Ootober 11, 2007 Sili:nllture:
A~plic4t'Dn, an kept on nle for 18 months
201
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202
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
12:05 p.m. 1. Non-Agenda Items (limit three minutes)
12: 10 p.m. 2. Approval of Minutes 205
12: 15 p.m. 3. Consideration ofInterlocal Agreement, Water and Sewer Authority 207
203
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204
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
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 Session meeting held on November 5,2007.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes as presented.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
205
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206
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/19/07
Water & Sewer Item #: 3 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Dave Weaver, Assistant County Manager
Contact: Kemp Burpeau, Deputy County Attorney
SUBJECT:
Consideration of Interlocal Agreement, Water and Sewer Authority
BRIEF SUMMARY:
The proposed Interlocal Agreement, between the County, District, City and Cape Fear Pubic Utility Authority is a closing
document transferring title to the water and sewer system and enterprise funds and setting forth operation arrangements.
July 1, 2008 is the closing date. The agreement addresses various representations and warranties by the localities and the
Authority. The guiding principles previously established by the City and County are set forth in the preamble. The
proposed agreement is the result of many months of effort by the respective boards, employees and consultants working to
reach a mutually beneficial consensus. Various attachments to the agreement are in the process of being completed, and
the Board is asked to consider approval of this agreement at this time with an authorization to the County Manager and
County Attorney to finalize specific attachments.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider approval of the agreement. In that the County as well as the District are parties to this agreement, the identical
agenda item also appears as item 12 on the Regular Agenda along with the agreement.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
Water and Sewer Inteerloca! WS Rev' 1 U72W7.doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider approval of the agreement.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the agreement and adopted the resolution 5-0.
207
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, the City of Wilmington (the "City"), New Hanover County (the
"County"), the New Hanover County Water and Sewer District (the "District"), and the
Cape Fear Public Utility Authority (the Authority) have negotiated an "Inter-Local
Agreement for Transfer of Assets and Operation of Water and Sewer Systems" pursuant
to which the Authority will acquire by various means certain assets used in the operation
of the City and District's water and sewer systems; and
WHEREAS, N.C.G.S. 160A-461 authorizes units of local government to enter
into agreements to execute any undertaking.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County
Water and Sewer District hereby approves the Inter-Local Agreement in the form
attached hereto as Exhibit A and incorporated herein by reference. Approval is
contingent upon the exhibits to be attached to the Inter-Local Agreement being
acceptable to the District's Attorney and County Manager. The officers of the District
are authorized to execute the Inter-Local Agreement and any documents specified in or
contemplated by the Inter-Local Agreement in such form as approved by the District's
Attorney. The District's Attorney with the assistance of the District's Chairman and
County Manager is authorized and directed to complete the exhibits to the Inter-Local
Agreement in accordance with the terms and conditions thereof.
ADOPTED the 19th day of November 2007.
William A. Kopp, Jr. District Chairman
ATTEST:
Sheila L. Schult, Clerk to the District Board
208