Agenda 2012 01-23New Hanover County,
North Carolina
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January 23, 2072
Agenda
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity • Accountability • Professionalism • Innovation • Stewardship
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
TED DAVIS, JR., CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN
JASON R. THOMPSON, COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
maim
JANUARY 23, 2012 9:00 A.M.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION (Dr. Joseph L. Peterson, Pastor, 5th Avenue United Methodist Church)
PLEDGE OF ALLEGIANCE (Vice - Chairman Jonathan Barfield, Jr.)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of Solid Waste Franchise Applications -First Reading
3. Approval for Leading Into New Communities (LING) to Apply for Grant
Funding from the NC Governor's Crime Commission (NC GCC) with New
Hanover County as the Applicant Agency
4. Approval of Revised and Updated By -Laws for the New Hanover County Local
Emergency Planning Committee (LEPQ
5. Approval to Apply for Research Grants
6. Approval to Submit an Institute for Museum and Library Services (IMLS)
National Leadership Planning Grant 2012 Application
7. Ratification of a Grant Application for Renewal of the Retired Senior Volunteer
Program (RSVP)
8. Adoption of Budget Amendments
ESTIMATED REGULAR AGENDA ITEM F BUSINESS
TIMES GU S O USI N SS
9:10 a.m. 9.
Presentation of Service Awards to Retirees and Employees and New Employee
Introductions
9:25 a.m. 10.
Consideration of a DWI Treatment Court Grant Application to the Governor's
Crime Commission with New Hanover County as the Applicant Agency
9:35 a.m. 11.
Consideration of Community Transformation Grant Application
for $400,000 /Year for Five Years
9:45 a.m. 12.
Consideration of Recommendations to Assist Low Income Residents with Water
and Sewer Bills
9:55 a.m. 13.
Annual Report and Update by Cape Fear Public Utility Authority (CFPUA)
10:10 a.m. 14.
Community Child Protection Team Annual Report 2011
10:25 a.m. 15.
New Hanover County Board of Examiners of Electricians Annual Update
10:35 a.m. 16.
New Hanover County Board of Mechanical Examiners Annual Update
10:45 a.m. 17.
New Hanover County Plumbing Board of Examiners Annual Update
10:55 a.m. 18.
Consideration of Request for Renewal of Biological Monitoring Contract (Year
10) with Land Management Group, Inc. to Meet Permit Requirements of the
Mason Inlet Relocation Project
11:05 a.m. 19.
Consideration of Contract to Obtain Beach Nourishment Permit for Carolina
Board of Commissioners Meeting
01/23/2012
Beach
11:15 a.m. 20. Public Hearing
Zoning Text Amendment (A -398, 11 /11) - Request by Staff to Amend Article
XIII Legal Sections of the Zoning Ordinance
11:40 a.m. 21. Committee Appointment
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
11:55 a.m. 22. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
12:05 p.m. 23. 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.
Board of Commissioners Meeting
01/23/2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
CONSENT
ITEM: 1
DEPARTMENT: PRESENTER(S): Chairman Davis
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review Meeting held on December 15, 2011
Closed Session Meeting held on December 15, 2011
Regular Meeting held on December 19, 2011
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
CONSENT
ITEM: 2
DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney
CONTACT(S): Kemp Burpeau, Deputy County Attorney
SUBJECT:
Approval of Solid Waste Franchise Applications - First Reading
BRIEF SUMMARY:
Section 44 -55 requires that businesses collecting solid waste in New Hanover County apply for a
franchise. The following have now made application:
I. Coastal Ladies Carting, Inc.
2. Tangerine Carting, Inc.
County staff has determined that the requested application documentation has been submitted, including
confidential financials. As a condition of franchise award, the franchisee agrees to comply with all the
requirements of Chapter 44 of the New Hanover County Code, including that the waste be deposed of at
facilities designated by the County.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider Franchiese Awards (First Reading)
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Franchise Documents
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0, Commissioner Thompson was recused.
Board of Commissioners Meeting
01/23/2012
2 -0
:ft 4" ,,: w n r4 r i� S { �v, c t �, I ,, } 1 ` t l '� �,
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COASTAL LADIES
C A R T I N G
Recycling and Trash Collection Services
November 10, 2011
Mr. Kemp Burpeau,
Coastal Ladies Carting, Inc. a North Carolina Corporation with a corporate address at 311 Judges Road,
1G Wilmington, NC 28405, respectfully requests a New Hanover County Franchise License / Certificate
for Solid Waste Collection in accordance with Section 44 -55.
1) Coastal Ladies Carting, Inc.
311 Judges Road, 1G
Wilmington, NC 28405
Principal & President, Kelly Buffalino
Principal, Joyce Paradiso
2) Equipment possessed, available or to be obtained within 18 months:
Auto:
Container Transport Hauler (1)
Refuse Collection Truck— Front Load, Rear Load, Side Load (8)
Pickup Truck (2)
Container: 96G 2yard, 4 yard, 6 yard, 8 yard
3) 10 full -time employees
4) Experience includes management and operational expertise with 20+ years in the industry.
5) Balance Sheet / &Historical Financial Statement for prior year performance is not applicable as
this is a new company.
I am available at your convenience should you have any questions or require additional documentation.
Thank you for this opportunity and we look forward working with New Hanover County.
Regards,
Shaun
Office 311 Judges rd, 1G P 910.313.2556
Facility 3413 Enterprise d r. F 910.762.4299
Board of Commissioners Meeting
Wilmington, NC 28405 01/23/2012 info@CLCarting.com
2 -1 -1
Franchise A Information Sheet
Wilmin NC 28405
Tan Cartin Incorporated 100% Interest b me
2. 2006 Roll N Go Trailer: 14k lb capacit with seven 12 y ard roll off containers.
Within 18 month expect to have 25 containers total.
■ One ernplo Anthon ■ Costa Jr.
4. Experience: Certified Diesel Mechanic, Class A CDL driver with Hazmat endorsement -7
y ears solid waste experience. (previousl owned a construction compan with dump
trailers)
5. Financial Statement: see a acl�ed
(Co,4J4v;6
11 HE
�e a 4P
Board of Commissioners Meetin
01/23/2012
2-1-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
CONSENT
ITEM: 3
DEPARTMENT: County Manager PRESENTER(S): Frankie Roberts, Executive Director, ZINC, Inc.
CONTACT(S): Chris Coudriet, Assistant County Manager
SUBJECT:
Approval for Leading Into New Communities (ZINC) to Apply for Grant Funding from the NC
Governor's Crime Commission (NC GCC) with New Hanover County as the Applicant Agency
BRIEF SUMMARY:
Frankie Roberts, Executive Director of ZINC, Inc., requests that New Hanover County participate as the
applicant agency for a $90,000 grant application to the NC GCC. There is no match requirement for New
Hanover County. The County has served as the applicant on behalf of ZINC, Inc. for the past five years.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Collaborate on service delivery and implement opportunities to reduce duplication of services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval.
ATTACHMENTS:
ZINC Letter of Request
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
3 -0
77
Frankie Roberts, Executive Director
:
Mr. Chris Coudriet, Assistant Count Mana
New Hanover Count Government
230 Government Center Drive
Wilmin NC 28403
I would like to re that the New Hanover Count Commissioners g ive consideration to New Hanover
Count actin as the applicant for a 2012 North Carolina Governors Crime Commission g rant application
in which Leadin Into New Communities, Inc. (LINC, Inc.) is the implementin or We would like
to thank the Commissioners for bein our applicant over the past five (5) y ears. This y ear we are
re $90,000 for one y ear, and are prepared to provide the re twent percent match.
Thank y ou ver much for y our consideration of our re to the Board of Commissioners in Januar
about our fundin opportunit and re
MZ=
501(c)3 nonprofit or
All donations are tax deductible & g reatl y appreciated
Board of Commissioners Meetin
01/23/2012
3-1-1
Frankie Roberts, Executive Director
T Y
ICU 01011"Llife A 1A [1] 0 1 k 9 1 *9 10
* ::s I a 084 N 0 a on
Z
aw
Amount To Be Re $90,000 for 1 y ear
p i q
P II
Summar LINC, Inc. will provide outpatient substance abuse services to a total of fort
persons, be within twent hours of their release from prison. Persons will be
identified for services who have been attendin Narcotics Anon and/or Alcoholics
Anon g roups in prison and will be referred b prison staff, primaril from New Hanover
and Pender Prison Units. The will have a histor of substance abuse and/or substance abus]
M_ ar-
Treatment will be stren and famil friendl with a focus on stren and/or re- -1
unif parents with children, their parents and siblin if positive relationships. Child suppo'
will also be a g oal of the counselin
rem
501(c)3 nonprofit or
All donations are tax deductible & g reatl y appreciated
Board of Commissioners Meetin
01/23/2012
3-1-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
CONSENT
ITEM: 4
DEPARTMENT: PRESENTER(S): Warren Lee, Emergency Management and 911
Communications Director and Kevin Cowan, New Hanover County
LEPC Chairperson
CONTACT(S): Warren Lee, Emergency Management and 911 Communications Director
SUBJECT:
Approval of Revised and Updated By -Laws for the New Hanover County Local Emergency Planning
Committee (LEPC)
BRIEF SUMMARY:
The Federal Superfund Amendments and Re- authorization Act (SARA), requires all local governments to
establish and operate a Local Emergency Planning Committee (LEPC), to address storage, transportation and
response to hazardous chemical events. As required by law, The New Hanover County Department of
Emergency Management has supported the LEPC since 1986. The LEPC is composed of representatives
from all sectors of the community including industry, business, responders, citizens, environmental groups,
state and local officials, and the media. The goal of the LEPC is to insure the coordination, communication,
and cooperation in preparing and responding to hazardous chemical events. The LEPC's by -laws have been
refined and updated to reflect current planning and coordination activities as well as formalize participating
members' roles and responsibilities. The LEPC has now adopted a quarterly meeting schedule, therefore the
LEPC committee voted to change the election portion of the by -laws to now reflect elections to occur every
two years during the 4th quarter and the elected officers will maintain their elected positions for a term of
two years.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Develop appropriate public /private partnerships
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request Board of Commissioners approve the attached by -laws.
ATTACHMENTS:
NHC LEPC BY-Laws
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
01/23/2012
4 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
4 -0
NEW HANOVER COUNTY LOCAL EMERGENCY PLANNING COMMITTEE
BY-LAWS
ARTICLE I: NAME
The name of this organization shall be the New Hanover County Local Emergency
Planning Committee, hereinafter referred to as the NHC LEPC.
ARTICLE II: MISSION
It shall be the mission of the NHC LEPC in cooperation with the New Hanover County
Department of Emergency Management to review, revise and exercise the Hazardous
Materials Emergency Response Plan, a section of the New Hanover County Emergency
Operations Plan, and to provide related information that enhances the ability of our
citizens to protect the health and safety of the community. The NHC LEPC shall also be
an advisory Council to the New Hanover County Department of Emergency Management
regarding all hazards emergency planning and communication.
ARTICLE III: AUTHORITY
The establishment of the NHC LEPC is authorized by Title III of the Superfund
Amendment and Reauthorization Act (SARA) of 1986, known as the "Emergency
Planning and Community Right -to -Know Act (EPCRA) of 1986 ", the North Carolina
Executive Order No. 125 (December 18, 1997) and by resolution of the New Hanover
County Board of Commissioners (August 17, 1998).
ARTICLE IV: MEMBERSHIP and VOTING RIGHTS
Section 1. The NHC LEPC membership shall consist of, but not be limited to, those
organizations defined and recommended by EPCRA and other such organizations as can
benefit the emergency planning and communication process.
Member organizations shall be appointed by the Executive Committee of the
NHC LEPC under hereby delegated authority from the New Hanover County
Board of Commissioners and the North Carolina State Emergency Response
Commission.
Member organizations shall be permanent members of the NHC LEPC. Member
organizations may resign from membership by submitting a letter of
resignation to the NHC LEPC Executive Committee.
A member organization that has not actively participated on the NHC LEPC or a
standing committee for 12 consecutive months may have its membership
revoked by the Executive Committee. The Executive Committee shall
prepare an active membership list at least annually.
Board of Commissioners Meeting
01/23/2012
4 -1 -1
2
Section 2. Each member organization shall appoint one (1) voting representative to the
NHC LEPC to serve at the pleasure of the member organization and submit a letter of
authorization stating that designation.
A voting representative may authorize a proxy to attend any meeting(s) or vote to
exercise any other rights at the meeting(s). The proxy appointment must be in
writing signed by such voting representative and shall be delivered to the NHC
LEPC Chairperson in advance of, or at the time of, such meeting(s).
Section 3. A quorum, required to conduct NHC LEPC business, shall consist of at least
one third of the active membership for voting. A majority of the voting representatives
present is required to carry a vote.
ARTICLE V: OFFICERS AND ELECTIONS
Section 1. Elections.
The NHC LEPC shall nominate and vote, in the 4 th quarter meeting, candidates
for the offices of Chairperson, Vice - Chairperson and Secretary. Candidates shall
be elected by a majority vote of written ballots cast.
Candidates for Chairperson must have served as an active voting representative
of his /her member organization on the NHC LEPC for at least one year.
All terms shall run for two years. Officers may succeed themselves in office.
The Executive Committee shall appoint an active representative of a member
organization to fill vacancies of officers or committees.
Section 2. Duties of Officers.
The Chairperson shall preside at all meetings of the full NHC LEPC and of the
Executive Committee, shall have the authority to appoint Chairpersons of
Standing Committees and Ad Hoc Committees as needed, shall serve as an ex-
officio member of all Standing Committees and shall serve as the NHC LEPC
spokesperson.
The Vice - Chairperson shall perform the duties of Chairperson in his /her absence.
The Secretary shall be responsible for minutes of the full NHC LEPC meetings,
correspondence and posting meetings in accordance with the North Carolina
Open Meetings Law.
ARTICLE VI: EXECUTIVE COMMITTEE
Section 1. The Executive Committee shall consist of the Chairperson, Vice - Chairperson,
Secretary, the representative of the New Hanover County Department of Emergency
Management and the Chairpersons of all Standing Committees.
Board of Commissioners Meeting
01/23/2012
4 -1 -2
Section 2. The Executive Committee shall provide oversight of the work and affairs of
the NHC LEPC, Standing Committees and Ad Hoc Committees.
Section 3. The Executive Committee shall recruit and appoint members, and revoke
memberships, to the NHC LEPC in accordance with Article IV, Section 1. A. and C.
Section 4. The Executive Committee shall provide oversight for the NHC LEPC
compliance with all applicable community emergency planning regulations involving
hazardous materials, including, but not limited to, EPCRA, the North Carolina
Emergency Response Commission and appropriate sections of NC General Statute 95,
Article 18, (aka the North Carolina Hazardous Chemicals Right to Know Act).
Section 5. The Executive Committee shall identify funding necessary for the NHC LEPC
to accomplish the mission, and shall determine how to obtain, control, disperse and
account for the funding.
ARTICLE VII: COMMUNITY INFORMATION COORDINATION
Section 1. The New Hanover County Department of Emergency Management shall be
responsible for the maintenance of reports required by EPCRA and /or other applicable
regulations, and shall ensure the availability of such information to the public by annually
publishing notice of the availability and accessibility of this information.
Section 2. The New Hanover County Department of Emergency Management shall
publish and distribute the results of the annual review of the Hazardous Materials
Emergency Response Plan, as approved by the NHC LEPC.
Section 3. The New Hanover County Department of Emergency Management shall
maintain the historical and official records of the NHC LEPC.
ARTICLE VIII: MEETINGS
Section 1. The Executive Committee shall meet at least quarterly and shall have the
authority to call a meeting of the full NHC LEPC.
Section 2. The full NHC LEPC shall meet at least quarterly to conduct the business of
the NHC LEPC.
Section 3. Meetings of the NHC LEPC shall be posted in accordance with the North
Carolina Open Meetings Law, General Statute 143 - 318.10.
Section 4. At the last quarterly meeting of the term year the NHC LEPC shall review and
appropriately revise the Hazardous Materials Emergency Response Plan. The general
public shall be invited to discuss the emergency plan at this meeting. All comments
presented by the public shall be considered and a response to each shall be prepared by
the NHC LEPC Executive Committee subsequent to the meeting and shall be made
available to the public upon request.
ARTICLE IX: STANDING COMMITTEES
Board of Commissioners Meeting
01/23/2012
4 -1 -3
11
Section 1. The chairpersons of all Standing Committees shall be appointed by the NHC
LEPC Chairperson.
Section 2. Members of the Standing Committees shall be chosen from the member
organizations and shall be appointed by the Chairperson of that Standing Committee.
Each member organization is expected to have a representative actively serve on at least
one standing committee.
Section 3. Standing Committees of the NHC LEPC shall be:
EXECUTIVE COMMITTEE that shall ensure proper membership of LEPC and
proper participation by members of the LEPC and will provide oversight of the
work and affairs of the New Hanover County LEPC and all subcommittees
thereof.
EMERGENCY PLANNING AND RESPONSE that shall annually revise and
update the New Hanover County ESF #10 and the Hazardous Materials Annex.
This subcommittee will also facilitate and analyze planning and development for
the LEPC.
COMMUNITY EDUCATION AND PUBLIC AWARENESS that shall maintain
the distribution of LEPC information to the community and will work in
coordination with New Hanover County to educate and alert the public about
hazardous materials incidents.
ARTICLE X: AMENDMENTS
These By -laws may be amended by atwo- thirds vote of member organization voting
representatives present at any meeting of the full NHC LEPC provided the presence of a
quorum and all member organizations of the NHC LEPC have been given 30 days notice
in writing of the amendment(s) proposed.
ARTICLE XI: RATIFICATION
These By -laws are duly adopted by a majority vote of the members of the New Hanover
County Local Emergency Planning Committee on this 7 th day of December, 2011 in New
Hanover County, North Carolina and by approval of the New Hanover County Board of
Commissioners on this day of January , 2012.
Kevin Cowan, NHC LEPC Chairperson
Board of Commissioners Meeting
01/23/2012
4 -1 -4
Record of Chanties
Purpose of Change
Date of Change
Pages Changed
Change Made By
Plan Update
12/7/2011
2
LEPC
LEPC voted to
change elections to
every 2 years
instead of every
year since the
committee meets on
a quarterly
schedule.
Plan Update
12/7/2011
4
LEPC
Updated
chairperson's name
to current officer
and changed the
ratification date.
Board of Commissioners Meeting
01/23/2012
4 -1 -5
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
CONSENT
ITEM: 5
DEPARTMENT: Museum PRESENTER(S): Ruth Haas, Director, Cape Fear Museum
CONTACT(S): Barbara Rowe, Museum Curator
SUBJECT:
Approval to Apply for Research Grants
BRIEF SUMMARY:
The Museum has started conducting research for the next phase of upgrading the Cape Fear Stories long-
term exhibition. This phase covers 19th - century Lower Cape Fear history. While research is being done in
local archives, staff will need to travel to other state institutions to examine primary documents pertaining to
the region's history. To help finance the research, staff is considering applying for the following grants.
(Applications will depend upon our ongoing, online investigations to assure that the material we need is
available.) The grants will cover transportation, room, meals, and copy fees.
Duke University
B. Rowe, Curator $1,000 research grant from the Sallie Bingham Center for Women's History and Culture;
No match required; Research women in 19th century Lower Cape Fear; Apply by January 31, 2012.
J. Davidson, Historian up to $1,000 research grant from the John Hope Franklin Research Center for
African and African American History; No match required; Research African American life in 19th - century
North Carolina and the Lower Cape Fear; Apply by January 31, 2012.
University of North Carolina Chapel Hill
B. Rowe will apply for the $1,000 Guion Griffis Johnson Visiting Scholar Grant; No match required;
Research women in 19th - century Lower Cape Fear; Apply by late March 2012.
J. Davidson will apply for one of the following: A $1,200 Joel Williamson Visiting Scholar Grant to examine
African Americans or race relations in the American south or a $1,000 Carlyle Sitterson Visiting Scholar
Grant to examine the antebellum South; No match required; Apply by late March 2012.
East Carolina University
Either the historian or curator will apply for a $1,000 Manuscripts and Rare Books Department Research
Travel Award to review a rich collection of southeastern North Carolina materials; No match required; Apply
by March 31, 2011.
Archie K. Davis Fellowship
Either the historian or curator will apply for "modest stipend" support to research holdings at the North
Carolina Department of Cultural Resources; No match required; Apply by March 1, 2012.
National Endowment for the Humanities (NEH)
J. Davidson, historian will apply for an NEH Summer Institute for College Teachers focusing on "The
Visual Culture of the American Civil Way" hosted by The Graduate Center, City University of New York.
The seminar will help the Museum understand 19th - century visual culture. Seminar participants receive a
stipend for living expenses; No match required, however the cost of travel to and from New York City will
be an additional expense from the Museum's travel budget; Apply by March 1, 2012. The additional travel
expenses will be covered by the Museum's budget.
Board of Commissioners Meeting
01/23/2012
5 -0
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
• Market and promote New Hanover County assets
• Keep the public informed on important information
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval to apply for research grants.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
5 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
CONSENT
ITEM: 6
DEPARTMENT: Museum PRESENTER(S): Ruth Haas, Director, Cape Fear Museum
CONTACT(S): Ruth Haas, Director, Cape Fear Museum
SUBJECT:
Approval to Submit an Institute for Museum and Library Services (IMLS) National Leadership
Planning Grant 2012 Application
BRIEF SUMMARY:
The IMLS National Leadership Planning Grant 2012 encourages development of collaborative models and
projects that can strengthen the position of museums and libraries as community anchors and that can benefit
the wider field. In collaboration with UNCW Watson School of Education's Center for Education in Science,
Technology, Engineering and Math (CESTEM) and the New Hanover County departments currently
providing STEM (science, technology, engineering, and math) learning opportunities (Cape Fear Museum,
Library, Arboretum), we wish to apply for a one -year $50,000 Planning Grant that requires at least a 1/3
match.
The planning project defines three outcomes:
1) Completion of a needs assessment regarding the availability, distribution, and nature of
STEM learning opportunities available in the community that will permit identification of
strengths, gaps, opportunities, and priorities for development;
2) Development and implementation of manageable assessment tools that can be used to
establish standards for quality STEM learning experiences and contribute to continued
improvement; and
3) Establishing a framework and understanding for a community -wide collaborative to
coordinate, develop, and expand high quality informal and formal STEM learning.
STEM literacy is considered essential to the ability of communities to compete in the 21st Century Global
Economy. Southeastern North Carolina currently does not provide community resources available in other
regions of the state. If awarded and successfully implemented, the Planning Grant project will position us to
compete for additional grant dollars to address identified gaps, improve quality of STEM learning
experiences, and strengthen the community collaborative.
CESTEM is on board to provide important resources for the needs assessment and evaluative tools. STEM
learning activities at the County sites will be the subjects for field testing and refining assessment tools. The
planning committee, composed of a representative of each of the participants, with the assistance of an
administrator funded through the grant, will work to communicate the goals and frame a community
collaborative. We expect that support already available from community funders and the Cape Fear Future
initiative will be recognized as players in the collaborative.
The 1/3 match will largely come from in -kind salaries and budgets dedicated to programming at the County
STEM learning attractions.
STRATEGIC PLAN ALIGNMENT:
Board of Commissioners Meeting
01/23/2012
6 -0
• Enhance and add recreational, cultural and enrichment amenities
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval for Cape Fear Museum to submit a proposal for the IMLS National Leadership Planning Grant
2012 on behalf of New Hanover County STEM learning providers and UNCW CESTEM.
ATTACHMENTS:
Budget Estimates
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
6 -0
Institute for Museum and Library Services
National Leadership Planning Grant 2012
BUDGET ESTIMATES
Board of Commissioners Meeting
01/23/2012
6 -1 -1
GRANT
$ MATCH
DETAIL
INCOME
NHC Budget - Salaries
$ 28,464.00
Salaries, benefits, travel, marketing
UNCW Budget
$ 14,366.00
Salaries, benefits, travel
Program Sponsorships / Grants
$ 16,000.00
Program supplies, exhibit
I M LS N LG Grant
$ 50,000.00
$ 50,000.00
$ 58,830.00
EXPENSES
Personnel
Graduate Fellowships, intern
$ 24,000.00
Museum Staff
$ 13,516.00
NHC, Museum budget
Library Staff
$ 5
NHC, Library budget
UNCW- Watson School of Education
$ 4
UNCW budget
UNCW WSE Center for Education in STEM
$ 6
UNCW budget
NHC Funds Administrator
$ 190.00
NHC, Finance budget
Total
$ 24,000.00
$ 29,793.00
Benefits
Graduate Assistants @ 9%
$ 2
NHC Benefits @ 30%
$ 5,622.00
NHC Budget
UNCW Benefits @ 30%
$ 3,315.00
UNCW budget
TOTAL
$ 2,160.00
$ 8,937.00
Consultant Fees
$ -
$ -
Travel
Intern travel
$ 600.00
Team travel
$ 100.00
NHC /UNCW Budget
TOTAL
$ 600.00
$ 100.00
Supplies & Materials
Science resource /calendar
$ 5
Office Equipment
$ 4
Program materials
$ 500.00
$ 2,000.00
Sponsorship/ CFMA, Inc.
TOTAL
$ 9,500.00
$ 2,000.00
Services
Traveling Exhibit Rental
$ 10,000.00
$ 10,000.00
Sponsorship/ CFMA, Inc.
Traveling Exhibit Shipping
$ 4,000.00
Grassroots Science Museums Grant
Marketing / PR Services
$ 3
$ 4 1 000.00
NHC Museum Budget
Miscellaneous Expenses
$ 740.00
$ 13,740.00
$18,000.00
TOTAL
$ 50,000.00
$ 58,830.00
Board of Commissioners Meeting
01/23/2012
6 -1 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
CONSENT
ITEM:
7
DEPARTMENT: Aging PRESENTER(S): Jim McDaniel, Parks, Gardens & Senior Resources
Director
CONTACT(S): Janine Powell, Development Coordinator and Brenda "Ben" Brow, Senior Resources Center
Manager
SUBJECT:
Ratification of a Grant Application for Renewal of the Retired Senior Volunteer Program (RSVP)
BRIEF SUMMARY:
The New Hanover County Senior Resource Center Retired Senior Volunteer Program (RSVP) has been
invited by the Corporation for National & Community Service, North Carolina State Office, to submit an
application for renewal of the RSVP grant. RSVP volunteers provided 201,325 hours of service in 88 non-
profit agencies, government departments, and health facilities, enhancing the capacity of the organizations.
The grant also funds programs provided by the Senior Resource Center. These programs include: Volunteer
Income Tax Assistance (VITA), Senior Health Insurance Information Program (SHIIP), and the Special
Needs Registry.
The grant application amount is $111,097. The grant requires a 30% match ($47,613) which will be
requested in the FYI 2-13 department budget. The application is for year one of a three -year cycle.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify submission of the application for the RSVP grant.
A TT A V141%/i1PNTC•
RSVP Program Description
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
7 -0
Retired Senior Volunteer Program (RSVP)
The New Hanover County Senior Resource Center has been invited by the Corporation for National &
Community Service, North Carolina State Office, to submit a renewal application for RSVP. This program
has been serving New Hanover County for over 36 years. RSVP volunteers provided 201,325 hours of
service in 88 different stations (stations include non - profit agencies, government departments, and
health facilities), allowing the organizations served to increase their capacity and provide high quality
services to their clients. Staff at the Senior Resource Center recruit, screen, and place volunteers in the
RSVP stations. In addition to the 88 stations, RSVP includes services provided by the Senior Resource
Center. The following programs are included:
Volunteer Income Tax Assistance Program (VITA) - The VITA program offers free tax help to people who
cannot afford paid professional assistance. RSVP /VITA Volunteers help prepare basic tax returns for
taxpayers with special needs, including persons with disabilities, those with low to limited income, non -
English speaking persons and elderly taxpayers.
Total clients
4,400
Total volunteers for season
112
Total federal returns
3
TOTAL FEDERAL REFUNDS
$ 3,547,337
Total state returns
3
TOTAL STATE REFUNDS
$710,961
TOTAL VOLUNTEER HOURS
16,502
TOTAL VALUE OF VOLUNTEER HOURS*
$215,681
Senior Health Insurance Information Program ( SHIIP)- serves over 15,000 people annually with
Medicare, Medicare Part D, Supplemental Insurance and Long -Term Care counseling and educational
program. The New Hanover County SHIIP program has been ranked the #1 or #2 program in the State of
North Carolina for the past 15 years. The SHIIP program also educates seniors about Medicare Fraud
and Abuse and the Low Income Subsidy Program.
Special Needs Registry- persons of any age that have a special need or are at risk during a disaster are
identified and entered into the registry. When a disaster occurs these individuals are contacted by RSVP
volunteers to check on them prior to the disaster to make sure they have a plan in place for staying in
their homes or evacuation. RSVP volunteers help them access transportation to area shelters. The New
Hanover County Special Needs Registry is a model program for the State of North Carolina.
Board of Commissioners Meeting
01/23/2012
7 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
CONSENT
ITEM: 8
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2012.
12 -119 - Museum
12 -120 - Parks, Gardens & Senior Resource Center
12 -124 - Emergency Management & 911 Communications
12 -131 - Social Services
12 -121 - Sheriffs Office
12 -123 - Sheriffs Office
2012 -29 - Sheriffs Office
2012 -30 - Sheriffs Office
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendments listed.
ATTACHMENTS:
B/A 12 -119
B/A 12 -120
B/A 12 -124
B/A 12 -131
B/A 12 -121
B/A 12 -123
B/A 2012 -29
B/A 2012 -30
Board of Commissioners Meeting
01/23/2012
8 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
8 -0
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 119
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -119 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Productive Strategic Partnerships
Strategic Objective(s): Develop appropriate public / private partnerships
Fund: General Fund
Department: Museum
Understand / act on citizen needs
Expenditure:
Decrease
Increase
Museum:
Contract Services
$1,000
Total
1 $0 11
$1 9 000
Revenue:
Decrease
Increase
Museum:
Grant - Federal - National Endowment for
Humanities
$1,000
Total
$0
$1
Section 2: Explanation
To budget $1,000 grant award from the National Endowment for Humanities (NEH) to host "Grass Roots:
African Origins of an American Art" January 28 to March 16, 2012. This exhibit will provide an
opportunity to explore the Gullah - Geechee cultural influences found in southeastern North Carolina.
Wilmington is located at the northern end of the Gullah - Geechee Heritage Trail. The $1,000 grant award
will be used to offset the total cost of the exhibit, which is $3,000. The remaining $2,000 is currently in the
Museum's FYI 1 -12 budget. Approval to apply for these funds was approved by the Board of County
Commissioners at their January 18, 2011 meeting.
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 12 -119, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
ATTEST:
Ted Davis, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
8 -1 -1
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 120
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -120 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health / wellness education, programs, and services
Understand / act on citizen needs
Fund: General Fund
Department: Parks, Gardens and Senior Resource Center /Health and Wellness Promotion
Expenditure:
Decrease
Increase
Parks, Gardens & SRC /Health & Wellness:
Temporary Salaries
$3,780
Social Security Taxes
$290
Supplies
$0
$1,943
Total
$0
$6
Revenue:
Decrease
Increase
Parks, Gardens & SRC /Health & Wellness:
Grant - Local - V.O.C.A.L.
$6,013
Total
$0
$6
Section 2: Explanation
The Volunteer Older Citizens Action League (V.O.C.A.L.) organization donated funds to the Senior
Resource Center for a Horticultural Therapy Project. These funds will pay the temporary, part -time (15
hours /week g$ I 0 /hour for 25 weeks and 3 days) salary of the program facilitator; four raised beds; a
compost bin system; tools, seeds and other required supplies for raised beds, which would accommodate
both flowering plants and vegetables. Studies have shown that seniors show tangible health improvements
when gardening /horticulture is included in their daily lives. The grant - funded temporary employee is
subject to termination upon non - renewal of the grant.
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 12 -120, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
ATTEST:
Ted Davis, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
8 -2 -1
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 124
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -124 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: General Fund
Department: Emergency Management & 911 Communications /Emergency Management
Expenditure:
Decrease
Increase
Emergency Management & 911
Communications /Emergency Management
Supplies
$1,500
Total
$0
$1
Revenue:
Decrease
Increase
Emergency Management & 911
Communications /Emergency Management
Grant - Federal - Department of Crime Control
and Public Safety
$1,500
Total
1 $0 11
$1
Section 2: Explanation
Emergency Management received a $1,500 grant from the Department of Crime Control and Public
Safety, Division of Emergency Management for the purpose of exercising New Hanover County's Point of
Distribution (POD) Plan. These funds will be used to cover supplies and preparation expenses required to
conduct a functional exercise. No County match is 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 12 -124, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
8 -3 -1
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 131
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -131 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Understand / act on citizen needs
Fund: General Fund
Department: Social Services / Child Day Care
Expenditure:
Decrease
Increase
Social Services / Child Day Care:
Child Day Care
$30,712
Total
$0
u $30,712
Revenue:
Decrease
Increase
Social Services / Child Day Care:
Office of Day Care - Federal / State
$30,712
Total
$0
u $30,712
Section 2: Explanation
To adjust the FYI 1-12 Adopted Budget for actual allocations received. DS S received an additional
$30,712 allocation in State Subsidy Day Care funds for Foster Care children. DSS will be able to add
approximately 10 children from the waitlist to begin receiving services. As of 1/10/12, there were 326
children on the list. No matching County funds are required and no new positions are requested.
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 12 -131, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
ATTEST:
Ted Davis, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
8 -4 -1
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 121
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the
following Budget Amendment 12 -121 be made to the annual budget ordinance for the fiscal year ending June 30,
2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: General Fund
Department: Sheriffs Office /Administration /Support Services /Uniform Patrol
Expenditure:
Decrease
Increase
Sheriff s Office /Administration:
Supplies - Fuel and Other
$10
Insurance and Bonds
$0
$3
Sheriffs Office /Support Services:
Temporary Salaries
$10
Salaries and Wages
$31
Social Security Taxes
$2
Retirement - Local Government Employee
$2
Retirement - 401K
$1
Medical Insurance Expense
$6
Long Term Disability Insurance
$69
Capital Outlay - Other Improvement
$150
Radios
$15
Supplies - Computer and Other
$2
Sheriffs Office - Uniform Patrol:
Capital Outlay - Motor Vehicle
$43
Supplies - Auto
$7
Uniforms - Purchase
$2
Total
$0
$288,750
Revenue:
Decrease
Increase
Sheriff s Office /Administration:
Service Fees - Civil Papers
$288
Total
$0
$288
Section 2: Explanation
North Carolina state statute authorized an increase in civil process fees effective 8/1/11. The revenue increase of
$288,750 was calculated based on this increase for 11 months of FYI 1-12. $150,000 of the increase will cover the
partial cost of moving the Civil Division. The balance of $138,750 will be used to enhance the processing of civil
papers: $54,696 to increase staff hours and $84,054 for operating and capital, including 2 vehicles. At least 50% of
the increased revenue collected shall be used by the County to ensure timely service of process within the 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 12 -121, amending the annual budget ordinance for the fiscal
year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
ATTEST:
Ted Davis, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
8 -5 -1
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 123
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -123 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: General Fund
Department: Sheriffs Office /Uniform Patrol
Expenditure:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Capital Outlay - Equipment
$6,500
Training and Travel
$2,299
Total
$0
$8
Revenue:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Contributions- Wilmington Central Rotary Club
$6,500
Contributions -Town of Kure Beach
$2,299
Total
$0
$8
Section 2: Explanation
To budget a $6,500 contribution from the Wilmington Central Rotary Club to purchase a K -9 Unit dog.
These funds were presented to Sheriff McMahon during the Board of County Commissioners meeting on
December 19, 2011. The other $2,299 contribution is from the Town of Kure Beach that was generated
during the U.S. Police Canine Association Spring Dog Trials. These funds will be used for K -9 training and
other needs for the dogs.
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 12 -123, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
8 -6 -1
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012 - 29
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2012 -29 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Federal Forfeited Property:
Supplies
$22,039
Total
$0 1 1
$22
Revenue:
Decrease
Increase
Federal Forfeited Property:
Federal Forfeited Property
$22,039
Total
$0 1 1
$22
Section 2: Explanation
To budget Federal Forfeited Property (DOJ) receipts of 12/15/11. Department of Justice (DOJ) receipts
are for drug seizures and Alcohol, Tobacco and Firearms cases. 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 2012 -29, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
8 -7 -1
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012 - 30
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2012 -30 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Controlled Substance Tax
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Controlled Substance Tax:
Supplies
$9,948
Total
1 $0 11
$9
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$9,948
Total
1 $0 11
$9
Section 2: Explanation
To budget Controlled Substance Tax receipt of $9,948 on 12/20/11. Controlled Substance Tax is 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 2012 -30, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
8 -8 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 9
DEPARTMENT: PRESENTER(S): County Commissioners and Bruce T. Shell,
County Manager
CONTACT(S): Libby Moore, Human Resources Analyst
SUBJECT:
Presentation of Service Awards to Retirees and Employees and New Employee Introductions
BRIEF SUMMARY:
Service awards will be presented to retirees and employees. New employees will be introduced and invited to
have their photo taken with the Board of Commissioners to be placed on the County's website.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Hire, develop and retain talented people
• Recognize and reward contribution
• Create and support an engaged workforce
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards, recognize new employees and take photo.
COMMISSIONERS' ACTIONS:
Presented service awards, recognized new employees and took photo.
Board of Commissioners Meeting
01/23/2012
9 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM:
10
DEPARTMENT: County Manager PRESENTER(S): District Court Judge James H. Faison, III
CONTACT(S): Penny Craver, Drug Treatment Court Coordinator and Chris Coudriet, Assistant County
Manager
SUBJECT:
Consideration of a DWI Treatment Court Grant Application to the Governor's Crime Commission
with New Hanover County as the Applicant Agency
BRIEF SUMMARY:
The DWI Treatment Court has been in operation for two years (since July 1, 2009) funded by a Governor's
Crime Commission grant through the Administrative Office of the Courts. The court is based on the Drug
Treatment Court model with participants appearing in court on a bi- weekly basis; enrolling and completing
intensive substance abuse treatment, reporting for three drug and alcohol screens weekly and actively
participating in 12 -step (AA) programs. New Hanover County ranks fourth in the state in the number of DWI
charges and this treatment court deals with those individuals who are repeat DWI offenders. Since its
inception, six individuals have graduated from the program and 25 others are now active participants. The
Administrative Office of the Courts has decided not to continue as the fiscal administrator for DWI
Treatment Court. Therefore, we are asking New Hanover County to serve as the applicant /administrative
agency for a new $90,000 Governor's Crime Commission grant to continue the Court's operation. This will
involve assuming the DWI Court manager's position which will be funded entirely by the grant. A request to
waive the required 25% match will be submitted with the grant application.
The grant request is for one year with the opportunity to apply for a second year, based on the program's
success. If the County does not agree to serve as the applicant /administrative agency, the program will most
likely be lost.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve grant application submission.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
10 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 11
DEPARTMENT: Health PRESENTER(S): Joshua Swift, Deputy Health Director
CONTACT(S): Joshua Swift, Deputy Health Director
SUBJECT:
Consideration of Community Transformation Grant Application for $400,000/Year for Five Years
BRIEF SUMMARY:
The New Hanover County Health Department is requesting approval to submit a five -year grant for
$400,000 /year to the North Carolina Division of Public Health (DPH) for four full -time Health Educators,
one Administrative Support Technician and a half -time Policy Intervention Specialist. The purpose of this
funding is to create healthier communities by 1.) Implementing broad evidence and practice -based policy,
systems and environmental changes supporting tobacco -free living, active living, healthy eating and high
impact evidence -based clinical and other preventive services; and 2.) Achieving demonstrated progress in the
following performance measures outlined in the Affordable Care Act: 1.) changes in tobacco use prevalence,
2.) changes in proper nutrition, 3.) changes in physical activity, and 4.) changes in weight. DPH will fund
approximately ten multi - county collaboratives that align with the regional structure used by the NC
Association of Health Directors. New Hanover County Health Department is a member of Region 8, and this
region has designated the NHC Health Department as the lead agent for this collaborative. If criteria are met
the region will be awarded $400,000 per year for five years based upon performance and availability. If
funded, four full -time Health Educators, one Administrative Support Technician and a half -time Policy
Intervention Specialist would be created and maintained during the grant period. Office space for two staff
members will be provided at the New Hanover County Health Department and space for other staff members
will be provided at Health Departments within Region 8. This program will be discontinued if funding is
eliminated. Submission deadline is January 27, 2012. No matching county funds are required.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval to apply for funds in the amount of $400,000.
ATTACHMENTS:
NC Community Transformation Grant (CTG) Info Sheet
Budget Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
01/23/2012
11 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
11 -0
North Carolina Community Transformation Grant (CTG)
NC Division of Public Health (DPH) was awarded $7.4 million /year over five years to help
communities make healthy living easier in North Carolina. This grant is a part of the U.S. Department
of Health and Human Services' (HHS's) Community Transformation Grants (CTG) to support public
health efforts to reduce chronic diseases, promote healthier lifestyles, reduce health disparities, and
control health care spending.
DPH will work state and local partners to implement policy, systems and environmental changes in
the following strategic directions:
Strategic Direction 1: Tobacco free living
1.
Increase smoke -free regulations of local government buildings and of indoor public places.
2.
Increase tobacco -free regulations for government grounds, including parks and recreational
areas.
3.
Increase smoke -free housing policies in affordable multi -unit housing and other private sector
market -based housing.
4.
Increase the number of 100% tobacco -free policies on community colleges campuses and
state and private university/college campuses.
Strategic Direction 2: Active Living and Healthy Eating
5.
Increase the number of convenience stores that increase the availability of fresh produce and
decrease the availability of sugar-sweetened beverages.
6.
Increase the number of communities that support farmers' markets, mobile markets, and farm
stands.
7.
Increase the number of communities that implement comprehensive plans for land use and
transportation.
8.
Increase the number of community organizations that promote joint use /community use of
facilities.
Strategic Direction 3: High impact evidence -based clinical and other preventive services
9.
Increase the number of health care providers' quality improvement systems for clinical practice
management of high blood pressure and high cholesterol, weight management and tobacco
cessation.
10.
Increase the number of healthcare organizations that support tobacco use screening and
referral to cessation services.
11.
Increase the number of ccommunity supports for individuals identified with high blood
pressure /cholesterol and tobacco use (e.g. Chronic Disease Self- Management Programs,
(CDSMP) weight management programs, tobacco cessation programs).
Local health departments and their community partners, Area Health Education Centers (AHEC) and
Community Care of NC (CCNC) are critical to the local implementation of these strategies. DPH will
fund 10 multi- county collaboratives, which align with the Association of Local Health Directors regions,
approximately $400,000 per year. Funded collaboratives will submit annual action plans for achieving
project outcomes and report progress bimonthly through a web -based progress monitoring system.
State CTG staff will work with funded communities and state partners to identify tools, resources and
policy supports for local implementation of the strategies. NC AHEC will provide regional staff to
assist with healthcare systems changes and link community and clinical interventions. CCNC will
provide data to identify healthcare practices with greatest need and work with local AHEC staff to
engage them in local activities.
For more information please contact:
Ruth Petersen, MD, MPH
(919) 707 -5203
ruth. Petersen
Sharon Nelson
(919) 707 -5207
sharon.
Board of Commissioners Meeting
01/23/2012
11 -1 -1
NC Community Transformation Grant
Proposed Budget
Board of Commissioners Meeting
01/23/2012
11 -2- 1
Year 1
Year 2
Year 3
Year 4
Year 5
Salaries
$
305,766
$
313,977
$ 322,459
$ 331,222
$ 340,279
(4.5 Health Educ FTE, 1.0 AST FTE)
Operating Expenses
Supplies (educ & office)
$
26
$
2600
$ 24,100
$ 21,300
$ 17,400
Supplies - Computer
$
9
-
Cellular Exp - Air Cards
$
2
$
2,400
$ 2,400
$ 2,400
$ 2,400
Postage
$
1,000
$
1,100
$ 1,100
$ 1,000
$ 800
Advertising
$
3500
$
3500
$ 2900
$ 23,400
$ 1900
Mileage Reimbursement
$
17,234
$
17,323
$ 17,341
$ 17,378
$ 17,121
Training /Travel
$
2,200
$
300
$ 300
$ 3,300
$ 300
Total Expenses
$
40000
$
40000
$ 40000
$ 40000
$ 40000
Board of Commissioners Meeting
01/23/2012
11 -2- 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 12
DEPARTMENT: PRESENTER(S): Commissioner Richard Catlin
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Consideration of Recommendations to Assist Low Income Residents with Water and Sewer Bills
BRIEF SUMMARY:
Commissioner Catlin will present recommendations to address the challenge of assisting low income
residents with water and sewer bills.
1) Approve using $27,136 of General Fund Contingency funds and $8,075 collected from
concerned citizens to restore the water and sewer services to occupied residential accounts who
do not have outstanding trash and storm water balances. Penalties and fees will be forgiven by
CFPUA.
2) Approve establishment of a Committee to develop a long -term solution to the challenge of
assisting low income residents with their water and sewer bills.Prior to actions taken at this Board
of County Commissioners meeting, the Contingencies balance is $730,820.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Provide health and wellness education, programs, and services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider recommendations and adopt the ordinance for budget amendment 12 -132.
ATTACHMENTS:
Memorandum to Commissioner Catlin
B/A 12 -132
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider recommendations and adopt the ordinance for budget amendment 12 -132.
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
01/23/2012
12 -0
A motion to (1) direct staff to transfer $10,000 raised to the Cape Fear Public Utility Authority; (2) approve
formation of Advisory Committee; and (3) direct staff to continue fundraising and research grant
opportunities to sustainably minimize the number of citizens in New Hanover County without water services
was approved 4 -1, Commissioner Berger dissenting.
Board of Commissioners Meeting
01/23/2012
12 -0
NEW HANOVER COUNTY
BUDGET DEPARTMENT
INTER - OFFICE
MEMO
To: Commissioner Rick Catlin
From: Cam Griffin, Budget Director
Date: January 23, 2012
RE: Water Bill Assistance
Challenge Access to water and sewer is necessary for good public health. With the increase in the water
and sewer fees, the number of people unable to pay their water and sewer bill has increased. The bills
have increased due to a change in the fee structure, cost of repairing aging infrastructure and regulations.
History: Prior to the formation of the CFPUA, the City and County provided limited assistance with bills.
1) New Hanover County has had grant funds to assist with the installation of sewers. The County
also previously gave a $4 /month discount to those who qualified for the Homestead Exemption.
2) City of Wilmington gave a "credit" on bills for those who qualified under the Homestead
Exemption for low- income, elderly and disabled. Some incremental amount was credited for
water, sewer, storm water and solid waste. The City's General Fund picked up the tab.
Current Assistance: The Cape Fear Public Utility Authority (CFPUA) has a link on their website to a
United Way Program, Neighbor Helping Neighbor. This Program works with the United Way and the
Salvation Army. There is limited funding available and the funding has been exhausted at times.
A citizen in a crisis situation can go to the Department of Social Services. Their case will be evaluated
and they may receive a maximum of $100 to help with their water and sewer bill. If there is a child in the
house, there may be more funding for the child's essential needs.
A number of citizens have expressed interest in contributing to help with water and sewer bills for those
who are unable to pay their bills. The County has set up an account to collect any donations. The
donations would be tax deductible for the citizen on their income tax.
New Hanover County Water and Sewer Tax Assistance: Since 1985 -86, New Hanover County has
used a portion of the proceeds from the Article 40 and 42 sales taxes to fund water and sewer. The
County continues to make a contribution to the Cape Fear Public Utility Authority according to the
following schedule:
NOTE: New Hanover County will continue to make principal and interest payments
for all debt secured before CFPUA was incorporated. CFPUA will reimburse the
County less the annual amount the County agreed to contribute to the CFPUA for the
next 10 years. As per the Agreement #08 -267, the NHC contribution amount is as
follows:
FY08 -09 $1,900,000 (first year)
FY09 -10 $1,900,000 (second year)
FY10 -11 $1,900,000 (third year)
Board of Commissioners Meeting
01/23/2012
12 -1 -1
FY11 -12
$1,900,000 (fourth year)
FY12 -13
$1,900,000 (fifth year)
FY13 -14
$1,577,000 (sixth year)
FY14 -15
$1,254,000 (seventh year)
FY15 -16
$950,000 (eighth year)
FY16 -17
$627,000 (ninth year)
FY17 -18
$304,000 (tenth year)
Legal Considerations Chapter 162A has no express authority for water and sewer authorities to offer
lower rates or supplemental payments based on the income level of the customer. Without such explicit
authorization, an authority would likely be reluctant to assist low- income customers solely based on its
general rate - making power.
On the other hand, the County has broader power to address social service matters outside the limits of
an enterprise activity. A County allotment would be consistent with the limited utility assistance presently
provided to eligible Social Services clients, and would meet the test for appropriate expenditure of public
monies.
CFPUA could use the County contribution, or revenue from late fees and administrative fees, to fund low -
income customers.
Suggestions for Future:
.qhnrt tArm-
On a one -time basis:
1) New Hanover County could fund from the General Fund the outstanding water and sewer bills for all
occupied households where the water has been shut -off due to nonpayment of services.
2) City of Wilmington could not require payment of the fees CFPUA collects for trash and storm water
prior to County funds being used for water and sewer services. Citizens could have their water
reinstated if the County pays their outstanding water and sewer bill.
3) The CFPUA could excuse all fees and fines related to nonpayment or reconnection of water services.
The net cost to the NHC General Fund of paying the outstanding residential water and sewer bills of
those residents who do not have outstanding trash and storm water bills and whose penalties and fees
have been excused by the CFPUA is $27,136. This is based on 12/15/2011 information, does not include
vacant property, and assumes the $8,075 collected by the County from concerned Citizens would also be
used.
Next:
The Salvation Army can continue to assist citizens with water and sewer bills with funds collected by the
Cape Fear United Way.
New Hanover County Department of Social Services could distribute funds collected by future New
Hanover County voluntary citizen contributions to assist citizens who come to them for assistance.
Area churches and other philanthropic organizations can continue to assist needy residents and
coordinate assistance.
CFPUA staff continues to look for grants to help low- income individuals.
Board of Commissioners Meeting
01/23/2012
12-1-2
The County could consider funding for low- income residents' water bills as part of annual budget process.
A committee, including the four elected officials who serve on the CFPUA and staff, could be established
to develop a long -term solution to the challenge of assisting low- income residents with residential water
and sewer bills.
Unresolved issues Under the current economic conditions, citizens are going to probably get behind on
their payments again, or potentially default on their payment arrangements with CFPUA. So far, the
assistance in the private sector has not been sufficient to fund the number of residents who have their
water shut -off.
cc: Bruce Shell
Board of County Commissioners
Andre' Mallette
Chris Coudriet
Avril Pinder
Board of Commissioners Meeting
01/23/2012
12 -1 -3
AGENDA: January 23, 2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 132
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -132 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Understand / act on citizen needs
Fund: General Fund
Department: Finance /Contingencies and Outside Agencies /Human Services
Expenditure:
Decrease
Increase
Outside Agencies /Human Services:
Contribution - CFPUA
$27J36
F inanc e/Nondep artmental :
Contingencies
$27J36
Total
$27
$27
Revenue: Decrease Increase
Total $0 $0
Section 2: Explanation
To transfer $27,13 6 from Contingencies to Contribution to CFPUA to pay the water and sewer bills for
occupied residences with no outstanding trash or storm water bills. An amount of $8,075 has been
collected from concerned Citizens that will be used to pay the balance of the outstanding bills in this
category as of 12/15/2011. Prior to actions taken at this Board of County Commissioners meeting, the
Contingencies balance is $730,820.
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 12 -132, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 23rd day of January, 2012.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
01/23/2012
12-2-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 13
DEPARTMENT: PRESENTER(S): Chairman Jim Quinn and CEO Matt Jordan, Cape
Fear Public Utility Authority
CONTACT(S): Bruce T. Shell, County Manager and Carey Disney Ricks, Chief Communications Officer,
CFPUA
SUBJECT:
Annual Report and Update by Cape Fear Public Utility Authority (CFPUA)
BRIEF SUMMARY:
Cape Fear Public Utility Authority will present their annual report and an update.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
01/23/2012
13 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 14
DEPARTMENT: PRESENTER(S): Elizabeth Mandel, Chair, Community Child
Protection Team; LaVaughn Nesmith, Social Services Director; and
Wanda Marino, Assistant Director, Social Work Services
CONTACT(S): Wanda Marino, Assistant Director, Social Work Services
SUBJECT:
Community Child Protection Team Annual Report 2011
BRIEF SUMMARY:
North Carolina General Statute mandates that the County Commissioners receive an annual report and
presentation from the New Hanover County Community Child Protection Team.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept report and make recommended appointments.
ATTACHMENTS:
CCPT Annual Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Accept report and make recommended appointments.
COMMISSIONERS' ACTIONS:
Accepted report and made recommended appointments 5 -0.
Board of Commissioners Meeting
01/23/2012
14 -0
Or
OMMUNITY CHILD PROTECTION TEAM
New Hanover County
� 4 r,•� 1650 Greenfield Street - -- P.O. Drawer 1559
IRVTNf
# �V0 Wilmington, NC 25402
Telephone (910) 795 -3476 - -- Fax (910) 795 -3491
(A) Mandated Members and
Current Representative:
Director, NHC DSS
LaVaughn Nesmith
Assistant Director, NHC DSS
Wanda Marino, MSW
Law Enforcement
NHC Sheriff's office -- Lisa S avitts
Wrightsville Beach PD - Teresa Fountain
Wilmington PD -- Melissa Moore
Carolina Beach — Vacant
Kure Beach -- Vacant
District Attorney's office
Benjamin R. David,
District Attorney, 5 Judicial District
NHC Community Action, Inc.
Cynthia J. Brown, Executive Director
NHC Schools
Dr. Rick Holliday
NHC DSS Board Designate
Diana Woolley
Mental Health Professional
Southeastern Center - Amy Horgan
5 Judicial District Guardian adLitem
Liz Kachris- Jones, Executive Director
NHC Department of Health
David E. Rice, MPH
NHC Health Care Provider
Carousel Center -- Sonja Shanley, MD
(B) Additional Members
Emergency Medical Services Provider
NHRMC - Barbara Buechler,
Administrator, Women's and Children's
Hospital at New Hanover Regional
Medical Center
5 Judicial District Court Judge
J. H. Corpening, Chief
County Medical Examiner
Vacant
Local Child Care Facility representative
NHC Smart Start -- Janet Ne lson
(C) Current At -Large Appointees of the
Board of Commissioners
Elizabeth K. Mandel, CEO, CAPP Center
Mary Ann Lama ED, Domestic Violence
Shelter and Services, Inc.
April Scott, ED, Carousel Center
Robert J. Speight, Chief Court Counselor
District 5, Dept. of Juvenile Justice
Amy Feath, Rape Crisis Center
January 13, 2012
Mr. Ted Davis, Chairman
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, NC 28403
Dear Chairman Davis and Members of the Board:
This report is being submitted by the New Hanover County Community
Child Protection Team (CCPT) in order to meet state law that was
established in response to Executive order 142 in May 1991. The duties
and responsibilities of CCPT were adopted as North Carolina
Administrative Code 411.0400. The original purpose and composition of
the team were further formalized and expanded by G.S. 7B 1406, effective
July 1, 1993. This annual report is vital to the overall productivity of
CCPT and represents a formal mechanism for our team to inform the
county about child protection needs.
We were before you on August 15, 2011, with our 2010 report and come
before you now to present our 2011 report on a timely basis to complete
the transition to a calendar year cycle. Dozens of members of our
Community Child Protection Teams review cases monthly and quarterly
on behalf of our children and have identified the following major
gaps /needs in service delivery:
• Autism and the challenge it presents for all parties in criminal
investigations, including identifying appropriate therapists
• Inadequate funding for psychological testing /mental health services, as
mental health IPERS funds are depleted early each year
• Limited private insurance coverage for needed mental health services,
resulting in increased strain on county /Medicaid funds
• Immigration status concerns /funding for placement of undocumented
clients
• The effect of un- or under - employment: reliable transportation / stable,
affordable housing
• Resources need to be available for elementary students who exhibit
sexual acting -out behaviors
• Lack of long -term, residential mental health placement options for
high risk, sexual offending teens
• Families moving in and out of the county and state resulting in
multiple out -of -home placements with multiple DSS agencies
• Group home placements that do not adequately address children's
needs, resulting in multiple placements
• Lack of county and state dollars for subsidized childcare and a
potential reduction of slots due to state changes in allocation process
Board of Commissioners Meeting
01/23/2012
14 -1 -1
Finally, we need appropriate, consistent and persistent child abuse protocols in place to educate and improve reporting at
schools, hospitals, businesses, childcare facilities and other areas. A standard protocol exists. The CCPT members offer
the training at no- charge, but have only scratched the surface to address these needs. The goal of education is not only
knowledge, but more importantly, action. The CCPT team has begun conversations with city and county
management, asking that they take the lead by mandating such a protocol and annual training for all
governmental departments and for those agencies receiving city or county funds. With their leadership, we believe
we can accomplish much.
2011 ACCOMPLISHMENTS:
It gives us great pleasure to report that the New Hanover County CCPT is considered an example of Best Practices in the
state and beyond. The state CCPT consultant, Phyllis Fulton, also asked our permission to share our annual report to the
Commissioners as an example for other CCPT teams.
Training was provided for NHC School Social Workers covering child abuse and child -on -child assaults, as well as
written policy, law and correct protocol. The schools are committed to addressing these issues on a continuing basis.
CCPT takes advocacy, education and prevention very seriously in its sponsorship of community activities and again put
forth maximum efforts in April 2011 toward those goals:
• The Flower Launch honored agencies and staff who help keep children safe;
• Child Watch featured Olga Trujillo, a survivor, attorney and nationally renowned child abuse consultant, in a
standing room only, all -day forum at the Northeast Library Paynter Room with the presentation rebroadcast over
the NHC network throughout the year. We are continue to receive inquiries regarding her message;
• Pinwheels for Prevention focused on raising awareness about child abuse and neglect. Multiple Pinwheel
exhibits were displayed throughout New Hanover County supporting prevention of child abuse and neglect of our
children.
• Individual member agencies enhanced the team efforts with similar events throughout April, which is Child
Abuse Prevention Month throughout the state. They continue to educate the community on Safe Surrender and
Back to Sleep campaigns for infants, as well as the Darkness to Light, Stewards of Children program and many
similar programs that reinforce that the safety of children is an adult responsibility.
REQUEST FOR APPOINTMENTS:
The Community Child Protection Team is composed of public and non - profit agency representatives, child advocates, law
enforcement and citizens -at- large. The team takes action to identify and address gaps or deficiencies in services and
resources through several avenues, one of which is this annual report. We are a community team. In addition to those
members mandated or the additional designated by NC G.S. 7B 1406, the statute provides for appointment by the
NHC Commissioners of up to five At -Large members. During this transition period, we would ask the Board to
extend the terms of the following appointments made in August 2011 through calendar year 2012:
Provider of Emergency Medical Services:
Barbara Buechler, Administrator, Women's and Children's Hospital at New Hanover Regional Medical Center
At -Large members
Elizabeth K. Mandel, Child Advocacy and Parenting Place Exchange Club Center, Inc.
Mary Ann Lama, Domestic Violence Shelter and Services, Inc.
Amy Feath, Rape Crisis Center
Robert J. Speight, District 5, Dept. of Juvenile Justice and Delinquency Prevention
April Scott, Carousel Center
Board of Commissioners Meeting
01/23/2012
14-1-2
We recognize the many and varied needs you address each day for the citizens of New Hanover County, but ask
that you hold these unmet needs as priorities in your contacts with state and /or national government
representatives. The CCPT member agencies are committed to continue to advocate for improvement in the
defined major unmet needs in our community, as well as continuing to work to promote child safety and prevent
child maltreatment. We are planning the April Prevent Child Abuse community forum and other events and hope
your calendars will permit you to be with us.
Thank you for your time.
Sincerely,
Elizabeth K. Mandel, Chair
NHC Community Child Protection Team
LaVaughn Nesmith, Director
NHC Department of Social Services
Board of Commissioners Meeting
01/23/2012
14 -1 -3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 15
DEPARTMENT: PRESENTER(S): James R. Shivar, Jr., Chief Electrical Code
Enforcement Official/New Hanover County Board of Examiners of
Electricians Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and James R. Shivar, Jr., Chief Electrical Code
Enforcement Official
SUBJECT:
New Hanover County Board of Examiners of Electricians Annual Update
BRIEF SUMMARY:
The New Hanover County Board of Examiners of Electricians will make its annual presentation to the Board
of Commissioners. Attached is the information regarding this board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Board of Examiners of Electricians Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
The item was removed.
Board of Commissioners Meeting
01/23/2012
15 -0
NEW HANOVER COUNTY BOARD OF EXAMINERS OF ELECTRICIANS
Number of Members: 5 consisting of 1 Chief County Electrical Inspector, 2 Independent Electrical
Contractors, 1 Electrical Contractor Nominee by Power Company, 1 Electrical Contractor nominated
by the County Division of N.C. Association of Electrical Contractors
Regular Meetings: Meetings are held as required usually every two months in the office of the
County's Chief Electrical Code Enforcement Official at the County Government Center.
Compensation: None
Term of Office: 2 years - may be reappointed
Statute or Cause Creating Board: New Hanover County Code, Chapter 11, Article 4, Section
11 -241
Brief on the Functions: The primary purpose of this Board is to issue certificates of competence to
Journeyman Electricians and Apprenticeship cards to new electrician helpers. The Board
establishes minimum journeyman standards and issues certificates to those passing a written
examination. Generally, recognition is given to Journeyman certificates issued by other jurisdictions.
Revised: 10/19/2011
Board of Commissioners Meeting
01/23/2012
15 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
CATEGORY
APPOINTMENT
EXPIRATION
Charles A. Harrell
Electrical
First 8/13/07
9/1/09
6573 Murrayville Road
Contractor
Second 9/21/09
9/1/11
Wilmington, NC 28411
Third 10/17/11
9/1/13
791 -1910 (H) 395 -0717 (W)
Michael Pulley
Electrical
First 8/15/05
9/1/07
P.O. Box 10382
Contractor
Second 8/13/07
9/1/09
Wilmington, NC 28404
Third 9/21/09
9/1/11
790 -9081 (H) 798 -1280 (W)
Fourth 10/17/11
9/1/13
Eddie Richards
NC Assoc.
8734 Lowes Island Drive
Nominee
Wilmington, N.C. 28411
231 -8567
Dale Sutton
Power
Progress Energy
Company
P.O. Box 1110
Nominee
Wilmington, NC 28402
256 -7293 (W)
Staff Support: James R. Shivar, Chairman
Chief Electrical Code Enforcement Official
9/11
New Hanover County Planning and Inspections Dept.
File: /Electricians
Government Center Drive, Suite 110
B/C #9
798 -7205
Revised: 10/19/2011
Board of Commissioners Meeting
01/23/2012
15 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 16
DEPARTMENT: PRESENTER(S): Bruce Polity, New Hanover County Board of
Mechanical Examiners Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and William Eubanks, Chief Plumbing and Mechanical
Inspector
SUBJECT:
New Hanover County Board of Mechanical Examiners Annual Update
BRIEF SUMMARY:
The New Hanover County Board of Mechanical Examiners will make its annual presentation to the Board of
Commissioners. Attached is the information regarding this board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Board of Mechanical Examiners Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
01/23/2012
16 -0
NEW HANOVER COUNTY
BOARD OF MECHANICAL EXAMINERS
Number of Members: 6 appointed by the Board of Commissioners as follows:
2 mechanical contractors
1 person experienced in gas piping installations
1 person experienced in commercial grease extractor systems
1 person experienced in heat, ventilation and air Conditioning installations
1 N. C. Registered Mechanical Engineer
Terms of Office: 2 years
Qualifications: Each member shall have a minimum of five years of experience in his or her
representative field.
Compensation: none
Regular Meetings: The Board shall meet after each examination, but not less than twice a year.
Statute or cause creating Board: General Statutes 153A -352, New Hanover County Code
Chapter 5, "Building" Amended by adding a new Article VII, "Regulation of Mechanical Work ",
dated 7/20/87 and amendment dated 12/19/88.
Brief on Functions: To issue certificates to all persons who (1) provide satisfactory evidence to
the Board regarding their training and education; (2) pass an examination administered by the
Board, and (3) provide evidence of two years of experience in their perspective fields. To
administer written or oral examination quarterly on the first Tuesday in January, April, July and
October. The Board may revoke certificates and reinstate certificates in accordance with the
County Code.
CURRENT MEMBERS
CATEGORY
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Thomas L. Crittenden Jr.
Class III
First 8/16/04
8/31/06
1144 Princeton Drive
Journeyman
Second 8/14/06
8/31/08
Wilmington, NC 28403
Mechanic
Third 9/22/08
8/31/10
763 -4025 (H) 343 -1234 (W)
Fourth 9/20/2010
8/31/12
Larry Lisk
Mechanical
First 8/13/07
8/31/09
137 King Arthur Drive
Contractor
Second 8/17/09
8/31/11
Wilmington, NC 28403
Third 11/21/11
8/31/13
256- 9547(H) 796 -3978 (W)
Ray McClory
Class II
First 8/14/06
8/31/08
113 Yorkshire Lane
Journeyman
Second 9/22/08
8/31/10
Wilmington, NC 28409
Mechanic
Fourth 9/20/2010
8/31/12
675 -1944 (H) 675 -1944 (W)
Board of Commissioners Meeting
01/23/2012
16 -1 -1
NEW HANOVER COUNTY BOARD OF MECHANICAL EXAMINERS (CONY.)
CURRENT MEMBERS
CATEGORY
TERM OF OFFICE
APPOINTMENT
EXPIRATION
Susan D. Nance
Class I
First 8/14/06
8/31/08
4101 Waylon Road
Journeyman
Second 9/22/08
8/31/10
Wilmington, NC 28411
Mechanic
Fourth 9/20/2010
8/31/12
686 -6389 (H) 686 -2811 (W)
Bruce Polity, Chairman
Mechanical
First 8/13/07
8/31/09
802 Rolling Hills Cove
Contractor
Second 8/17/09
8/31/11
Wilmington, NC 28409
Third 11/21/11
8/31/13
452- 7816(H) 772- 1555(W)
David B. Sims, Jr.
NC Registered
First 8/17/09
8/31/11
2512 Shandy Lane
Mechanical Eng.
Second 11/21/11
8/31/13
Wilmington, NC 28409
799 -0599 (H) 791 -8016 (W)
Staff Contact:
File: \Mechanical
William Eubanks, Chief Plumbing & Mechanical
B/C #19- 11.11
Inspector; Planning and Inspections Department
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7206
Revised: 11/23/2011
Board of Commissioners Meeting
01/23/2012
16-1-2
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 17
DEPARTMENT: PRESENTER(S): Ernest Duarte, Plumbing Board of Examiners
Chairman
CONTACT(S): Sheila L. Schult, Clerk to the Board and William Eubanks, Chief Plumbing and Mechanical
Inspector
SUBJECT:
New Hanover County Plumbing Board of Examiners Annual Update
BRIEF SUMMARY:
The New Hanover County Plumbing Board of Examiners will make its annual presentation to the Board of
Commissioners. Attached is the information regarding this board.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
New Hanover County Plumbing Board of Examiners Information
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
01/23/2012
17 -0
NEW HANOVER COUNTY
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: 3 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: Held as necessary in the Inspections and Planning Department
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.
Revised: 2/23/2011
Board of Commissioners Meeting
01/23/2012
17 -1 -1
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Ernest Duarte, Master Plumber - Chairman
First 1/19/10
12/1/12
4917 Grosse Woods Drive
Wilmington, NC 28411
791 -7071 (H) 367 -8426 (W)
Randall J. Siegel
First 11/13/06
12/1/09
448 Marsh Oaks Drive
Second 12/7/09
12/1/12
Wilmington, NC 28411
686 -0068 (H) 352 -6766 (W)
David K. Woodbury, Master Plumber
First 2/21/11
12/1/14
2308 Waverly Drive
Wilmington, NC 28403
763 -6888 (H) 763 -4324
William Eubanks, Chief Plumbing Inspector
File: /Plumbing
New Hanover County Inspections Department
B/C #25 2/11
230 Government Center Drive, Suite 110
Wilmington, NC 28403
798 -7206
Revised: 2/23/2011
Board of Commissioners Meeting
01/23/2012
17 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 18
DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer
CONTACT(S): Jim Iannucci, County Engineer
SUBJECT:
Consideration of Request for Renewal of Biological Monitoring Contract (Year 10) with Land
Management Group, Inc. to Meet Permit Requirements of the Mason Inlet Relocation Project
BRIEF SUMMARY:
The relocation of Mason Inlet was completed in April 2002. As required by the US Army Corps of Engineers
permit, biological monitoring must be performed annually. Land Management Group, Inc., has provided
monitoring services connected with the Mason Inlet Relocation Project since the project began. Continued
biological monitoring for year 10 is a requirement of the project and remains a permit condition. A detailed
description of services is provided in the attached proposal from Land Management Group, Inc. Land
Management Group, Inc. previously conducted biological monitoring for years 0 -9 and has supplied the
necessary Annual Biological Monitoring Reports for the Mason Inlet Project. These services differ from the
monitoring of bird and plant species previously performed by UNCW and no longer required by the permit
conditions, and ongoing monitoring of waterbird nesting areas performed by the Audubon Society under a
separate contract.
Land Management Group, Inc. has submitted a proposal in the amount of $20,200.00 which is the same as
the Year 9 contract. Performance of annual monitoring to date has fulfilled the requirements of the
permit. The cost will eventually be repaid through assessment of the benefiting property owners. This
contract was reviewed by David Kellam and Dr. George Melita of the Mason Inlet Preservation Group
(MIPG).
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Board approve the award of the Year 10 contract for continued biological
monitoring of the inlet project to Land Management Group in the amount of $20,200, and authorize the
Chairman to execute the contract. There are sufficient funds available in the Mason Inlet Project.
ATTACHMENTS:
MASON INLET MONITORING PROPOSAL YR 10
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners Meeting
01/23/2012
18 -0
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
18 -0
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
Mr. Jim lannucci
New Hanover Count En Department
230 Government Center Drive, Spite 160
Wilmin NC 28403
RE: Mason Inlet Relocation Project — Biolo Monitorin Year 10 Proposal
Per m recent email correspondence,. Land Mana Group, Inc. (LMG) is providin the
followin piroposal for th,e Year 10 Biolo Monitorin for the Mason Inlet Relocation
Project. The followin is a list of the task items associated with the Year 10 monitorin
191 11 kc
(1) Re-Establishment of Transects and Field Monitorina o, Marsh Habitat (sediment,
ve and •enthic infau,na) Fee: $8,200
(2) UNC-Wilmin Benthic Identification and Summar
(3) Data Anal and Year-End Summar Report
.F $ 2200
in order to compl with the Corps, of En (COE) re to sample in the late summer,
LMG is plannin to conduct the field work for; Year 10 durin the last week of Au 2011.
Board of Commissioners Meetin
01/23/2012
18-1-1
We look forward to bein able to continue the biolo monitorin and to represent the
Count with associated a coordination. Upon approval of a new purchase order and
receipt of a si letter a (attached), LMG will proceed accordin to the scope of
services identified above.
Should y ou have an q uestions or re additional information, please do not hesitate t#,
contact me via phone (910-452-0001) or email (cpreziosi@1_mgro_up.nefl. Thank y ou fcy-t
allowin LMG the opportunit to assist New Hanover Count with this effort.
Land Mana Group,. Inc.
NvNvwJm info(�'C Phone.- 910.452.0001 910.452.0060
3805 Wri Ave., Suite 15, Wilmin NC 28403 * P.O. Box 2522, NN41min NC 28402
1-13 t!r
Board of Commissioners Meetin
01/23/2012
18-1-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 19
DEPARTMENT: PRESENTER(S): Jim Iannucci, County Engineer
CONTACT(S): Jm Iannucci, County Engineer
SUBJECT:
Consideration of Contract to Obtain Beach Nourishment Permit for Carolina Beach
BRIEF SUMMARY:
The Beach Nourishment Contingency Plan was approved by the Board at the June 6, 2011 meeting and the
revised Executive Summary was approved by the Board at the July 11, 2011 meeting. The plan is the
culmination of efforts involving Coastal Planning and Engineering, Inc. (CPE); Port, Waterway and Beach
Commission; County staff; and the elected officials and staff members from Carolina Beach, Kure Beach and
Wrightsville Beach. An option of the plan was for the County to obtain the necessary permits and
authorizations for the periodic nourishment of our beaches in the event that Federal funding was not
available.
Efforts to carry out the plan have been adjusted to take into account a change in Federal legislation known as
Contributed Funds Authority. Contributed Funds Authority would allow the US Army Corps of Engineers to
accept funds from local sponsors for beach nourishment projects. Even though we can now contribute to our
local projects we still need to address the re- authorization of the Carolina Beach project. This project is due
to expire after the periodic nourishment scheduled for 2013. Therefore, plans for the future will need to
include either federal policy that would reauthorize the project or a permit to provide periodic nourishment of
Carolina Beach. The recommendation of the Port, Waterway and Beach Commission is for the County to
enter into a contract to obtain engineering services in support of the effort to obtain the necessary permits and
authorizations for the Carolina Beach project.
The contract will contain the option to pursue permits and authorizations for the projects in Wrightsville
Beach and Kure Beach. The reasons for not pursuing these permits along with the Carolina Beach permit are
that the projects are not in imminent danger of expiring and the current sediment criteria would require
additional costly geotechnical work that may not be needed. Efforts will continue in regards to revisions to
the sediment criteria guidelines as well as working with Federal policy makers to re- authorize the Carolina
Beach project.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational, cultural and enrichment amenities
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommendation is for the Board to direct staff to enter into a contract with Coastal Planning and
Engineering to support the County in obtaining the necessary permits and authorizations for the periodic
nourishment of Carolina Beach.
TT Board of Commissioners Meeting
01/23/2012
19 -0
Letter from Port, Waterway & Beach Commission
Draft Scope of Work
Exhibit A
Exhibit B
Ehxhibit C
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
19 -0
WILMINGTON -NEW HANOVER
PORT, WATERWAY &BEACH COMMISSION
11 January 2012
Ted Davis Jr., Chairman
New Hanover County Commissioners
Re: New Hanover County Nourishment Contingency Plan
Port, Waterway &Beach Commission (PWBC) Recommendation
E -mail Transmittals
Dear Chairman Davis:
On 11 January 2012, the New Hanover County PWBC received an update on the
County's Beach Nourishment Contingency Plan. Implementation of the plan has been
modified taking into account a change in Federal legislation known as Contributed
Funds Authority. Contributed Funds Authority would authorize the US Army Corps of
Engineers to accept funds from local sponsors for beach nourishment projects. This will
provide a means for contributing to our local projects but does not address the re-
authorization of the Carolina Beach project . As a result of the NC Division of Coastal
Management's potential revisions in borrow source evaluation criteria and the lead time
required for Federal and State regulatory authorizations, County staff recommended
prioritizing the re- authorization of Carolina Beach within the Nourishment Contingency
Plan through federal policy along with the County obtaining a permit to maintain the
project . This approach would reduce initial geotechnical field costs and emphasize the
project element (Carolina Beach) with the shortest lead time for needing County
renourishment authorizations while providing the option to include Wrightsville Beach
and Kure Beach at a later date.
The Port, Waterway and Beach Commission recommends that New Hanover County
prioritizes and pursues obtaining a permit for the Carolina Beach project per the
County's Beach Nourishment Contingency Plan.
The PWBC appreciates the opportunity to serve and thanks you for your consideration.
Sincerely,
H. Layton Bedsole Jr., REM
Chairman
Wilmington -New Hanover County Port, Waterway & Beach Commission
Board of Commissioners Meeting
01/23/2012
19 -1 -1
Cc: Commissioners Jason R. Thompson, Vice - Chairman; Jonathan Barfield Jr.; Brian
Berger, Rick Catlin; Assistant County Manager, Chris Coudriet; Director of Engineering,
Jim lannucci; NHC PW &B Commission
Board of Commissioners Meeting
01/23/2012
19-1-2
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
Coastal Planning &Engineering of North Carolina, Inc. (CPENC) proposes to provide
professional services in support of the effort by New Hanover County (CLIENT) to
obtain the necessary permits and authorizations required for beach nourishment along
portions of the shorelines of Wrightsville Beach, Carolina Beach, and Kure Beach.
Although these beaches have been maintained by the US Army Corps of Engineers
(USAGE) as Federal storm protection projects, in the past these projects were plagued
with Federal funding shortfalls which jeopardized the integrity of the projects. By
securing permits and authorizations, the County will be able to carry -out supplemental
maintenance of the three projects as needed.
Professional services to be provided include (1) Project Management and Coordination,
(2) Environmental Documentation and Permitting, (3) Geotechnical, (4) Engineering
Services, (5) Development Construction Plans and Specifications, and (6) Contract
Bidding, Selection, and Negotiations. A detailed description of each of these six (6)
items is included herein.
TASK 1- PROJECT MANAGEMENT AND COORDINATION
CPENC will provide program management of environmental, geotechnical, engineering
and administrative tasks to support the New Hanover County's effort to obtain the
necessary permits and authorizations to allow nourishment of Wrightsville Beach,
Carolina Beach, and Kure Beach with local funds. Coordination will be maintained with
the County, Federal and State agencies, and various technical sections within CPENC's
office. The CPENC project manager will monitor and control cost, service delivery
schedule and provide quality control of work products.
CPENC will arrange a project kickoff meeting which will include State and Federal
environmental resources agencies, State regulatory agencies, the U.S. Army Corps of
Engineers (USACE), local governmental representatives, and other interested groups.
The purpose of this meeting will be to involve the various agencies in the early stages of
the plan formulation process so that their concerns are addressed and an acceptable
permitting approach can be developed. Subsequent meetings with representatives from
various agencies as they pertain to the permitting process are anticipated and are included
within Task 2.
In addition, under this Task, CPENC will revise the future nourishment costs and funding
scenarios to include two additional scenarios. These scenarios would be similar to
Scenarios 3 and 4 from the Contingency Report listed below; however, they would
assume that if no Federal funding was available, that the three projects (Wrightsville
Beach, Carolina Beach, and Kure Beach would all be constructed on a 4 year re-
nourishment interval.
Scenario 3: No Federal funding, state 17.5 %, County 82.5 %, this scenario also
represents a hypothetical situation where no Federal funding or state
A -1
Board of Commissioners Meeting
01/23/2012
19-2-1
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
funding is available and the Towns (Wrightsville, Carolina, and Kure
Beaches) pay 17.5% while the County pays 82.5 %. (Assumes state
would provide at least 17.5% of the nourishment cost even if the
projects do not have a Federal match).
Scenario 4: No Federal, state, or local (Towns) funding; County 100 %.
The estimated fee for project management and coordination is $26,165
TASK 2- ENVIRONMENTAL DOCUMENTATION AND PERMITTING
Permitting
The County will be required to obtain the following state and Federal approvals for the
beach nourishment projects:
• NEPA Compliance
• Coastal Area Management Act (CAMA) Major Authorization
• NCDWQ 401 Certification
• USACE Section 10/404 Permit
• U.S. Fish and Wildlife Service Biological Opinion (BO)
• National Marine Fisheries Service Concurrence
• NC State Historic Preservation Office (SHPO) Concurrence
Federal approvals including NEPA Compliance, Water Quality Certification, Biological
Opinion from U.S. Fish and Wildlife Service and the National Marine Fisheries Service
occur as part of the overall process coordinated through the USACE.
State approvals include the issuance of a Major CAMA permit. Major permits are
necessary for activities that require other state or Federal permits, for projects that cover
more than 20 acres or for construction covering more than 60,000 square feet.
Applications for major permits are reviewed by ten (10) state and four (4) Federal
agencies before a decision is made.
Because the Federal shore protection projects do not currently have a Department of
Army (DOA) Permit but rather a Congressional Authorization, these projects would
require a DOA permit which would be obtained in conjunction with the other required
permits listed above. The initial interagency meeting as specified under Task 1 will
provide insight into the most appropriate course of action for the DOA permit. It has
been agreed upon verbally between the County, State, and the USACE that the permitting
of these projects will be through a General Permit 291 process.
A -2
Board of Commissioners Meeting
01/23/2012
19 -2 -2
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
CPENC proposes to participate in up to three (3) additional meetings with the various
regulatory agencies to coordinate in the development and review of the NEPA
documents. Additional coordination with resource agencies will be conducted via
telephone and email correspondences as needed.
This Scope of Work includes the development and submittal of a DOA General Permit
291 application and the development and submittal of a Major LAMA permit application
through close coordination with the USACE and relevant resource agencies. Fourteen
(14) hard copies of the CAMA Major Permit application will be produced and
disseminated to the resource agencies. The submittal of an approvable DOA General
Permit 291 application and CAMA Major Permit application will serve as a project
deliverable.
The estimated cost associated with the submittal of both the CAMA and DOA permit
applications is $44,900.
As stated above, we will in good faith, submit an approvable DOA General Permit 291
application and CAMA Major Permit application. It is possible that the State or the
USACE will solicit a Request for Additional Information (RAI) in response to these
permit applications. Should this occur, an additional task order will be submitted to the
County under a separate Scope of Work to address the specific RAI requirements.
Environmental Documentation
The construction of the beach nourishment projects along the ocean shoreline of
Wrightsville Beach, Carolina Beach, and Kure Beach will require project evaluation in
accordance with the National Environmental Policy Act (NEPA). NEPA provides
specific guidance for Federal project product development which involves coordination
with State and Federal regulatory and resource protection agencies. In support of
previous nourishment events, the USACE has prepared an Environmental Assessment
(EA) as well as an Essential Fish Habitat assessment (EFH) and Biological Assessment
(BA) for the Wrightsville Beach, Carolina Beach, and Kure Beach Federal Storm
Damage Reduction Projects.
The EA is a document used by the USACE to predict the environmental effects of
proposed initiatives before they are carried out. The EFH is utilized by the National
Marine Fisheries Service (NMFS) to ensure that the project will identify and protect
important marine and estuarine fish habitat in accordance to the amended Magnuson-
Stevens Fishery Conservation and Management Act (MSFCMA). The purpose for the
development of the BA is to document analyses for actions that may affect federally
listed species which will serve to satisfy the US Fish and Wildlife Service (USFWS).
The existing USACE documents are dated and may not include the level of detail
necessary to fulfill present -day permitting requirements, therefore the County will need to
develop updated versions of the documents. As mentioned above, the permitting process
A -3
Board of Commissioners Meeting
01/23/2012
19 -2 -3
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
and therefore the necessary supporting environmental documentation for this program
have yet to be determined at this time, however, this Scope of Work assumes a USACE
General Permit 291 will suffice to support the program which limits the environmental
documentation to updating the existing EFH and BA documents.
CPENC will acquire, research, and evaluate available data for the study area to determine
the nature and extent of those resources that may be affected by project construction.
This information will pertain to the nearshore marine, estuarine, and terrestrial habitats
within and adjacent to the project areas. CPENC does not anticipate the need for field
studies to collect any additional environmental data; therefore, this cost proposal does not
reflect any additional field studies.
This Scope of Work includes the production costs associated with distributing six (6)
hard copies of the Draft and Final environmental documents to the relevant agencies.
The estimated fee to complete environmental documentation is $71,632.
In summary, the estimated fee for Environmental Documentation and Permitting is:
$116,532
TASK 3 - GEOTECHNICAL INVESTIGATIONS
The procurement of permits to allow the County to nourish the three Federal projects will
require documentation to show that the material to be placed on the beaches complies
with the State sediment criteria for beach fill projects (15A NCAC 071-1.0312). These
rules were adopted by the North Carolina Coastal Resource Commission (CRC), in
February 2007, and later amended in April 2008. The County permit application must
comply with the State sediment criteria regardless of previous projects completed by the
USACE In this regard, the USACE operates under the Federal consistency requirement
of the Federal Coastal Zone Management Act (CZMA). This requires Federal actions
likely to affect any land or water in the coastal zone to be consistent with the state's
coastal management program to the maximum extent practicable but does not require the
USACE to obtain a state permit. As a result, the geotechnical information for the
USACE borrow areas for the three County projects may not meet the State sediment
criteria, specifically with regards to density of data collection. The tasks below include
those efforts necessary to collect and provide data necessary to satisfy the State sediment
criteria for the existing borrow areas. These investigations will be performed within the
Federally authorized borrow areas as well as the native beaches along the Wrightsville
Beach, Carolina Beach, and Kure Beach shorelines.
Native Beach Analysis
A state permit for disposal of material onto Wrightsville Beach, Carolina Beach, and
Kure Beach requires the characterization of native material. During preparation of the
A -4
Board of Commissioners Meeting
01/23/2012
19 -2 -4
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
Design Memorandum Supplement for the Kure Beach Project (Design Memorandum
Supplement: Carolina Beach and Vicinity —Area South (Kure Beach) Portion, North
Carolina), completed in 1993, the USACE collected beach samples along three profiles
within the project area. Samples were collected from the Dune out to a depth of -28 ft.
NGVD29. The State sediment criteria dictate a specific number of samples along at least
five profiles within the project area (15A NCAC 07H.0312)(1)(c and d). However, 15A
NCAC 07H.0312 (1)(i) provides language that would allow special consideration of
projects which were constructed prior to the adoption of the rules. Given this exception,
and based on preliminary conversations with the Division of Coastal Management this
proposal assumes that additional sampling will not be required for Kure Beach.
Given the age of the initial investigations for the Wrightsville Beach and Carolina Beach
projects and based on discussions with USACE staff, sufficient pre - construction data is
not mailable to characterize the native beach. It is not feasible to accurately determine
the pre - project native beach grain size, in the absence of pre -fill data, and based on the
knowledge that sand has historically been placed on Masonboro Island. Based on
conversations with the Division of Coastal Management, in order to satisfy the State
sediment criteria, sampling of the existing conditions at Wrightsville Beach and Carolina
Beach will be used to determine compatibility.
In order to characterize the native beach conditions to determine sediment compatibility
sand samples will be collected along 5 profiles along both Wrightsville Beach and
Carolina Beach for a total of 10 profiles. Thirteen samples will be collected along each
profile including 6 landward and 6 seaward of the mean low water (MLW) line and 1
additional sample at the location of the mean low water (MLW) line. Mechanical sieve
analysis will be conducted on each sample and a composite grain size will be calculated
for each profile and ultimately for each project. A composite sample for each profile will
be prepared by mixing equal parts of samples from each sample location along a profile.
The composite sample generated for each profile will be analyzed for calcium carbonate
content using an acid digestion process.
In addition to grain size and calcium carbonate content analysis, a survey will be required
of a 50,000 ft representative portion of each project (Wrightsville beach, Carolina
Beach, and Kure Beach) to quantify the number of clasts > 3 inches in diameter present
within the survey area. This survey serves as a baseline and will be duplicated upon
completion of a beach fill project. If the post- construction survey shows that there are
more than 2 times (2X) the number of clasts present than the baseline condition, the
project will be determined to be non - compliant with State sediment criteria. This
proposal includes the baseline surveys to quantify clasts > 3 inches in diameter.
Results of all sediment analysis for the native beach will be included in a geotechnical
report in a manner conducive to the State sediment criteria requirements. These results
will be compared to borrow source data to confirm compatibility.
Borrow Area Field Investizations
A -5
Board of Commissioners Meeting
01/23/2012
19 -2 -5
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
Based on the current State sediment criteria, the following geotechnical surveys and
analyses are necessary to obtain permits for the existing borrow areas for the Wrightsville
Beach, Carolina Beach, and Kure Beach projects:
Wrightsville Beach — Masonboro Inlet/Banks Channel Borrow Area:
• Collection and analysis of 16 vibracores (five in Masonboro Inlet and five in
Banks Channel)
• Conduct a bathymetric survey with swath sonar imaging of all sections of the
borrow area
• Conduct cultural resource survey to better define the location of existing wreck
inside the jetties
Carolina Beach — Carolina Beach Inlet:
• Collection and analysis of 10 vibracores within the borrow area
• Conduct a bathymetric survey of the borrow area
Kure Beach — Offshore Borrow Area:
• Conduct a geophysical survey [sub - bottom (Chirp), swath sonar (sidescan), and
bathymetric survey] of borrow area A -South offshore Kure Beach
A description of each borrow area investigation task and its associated methodology are
listed below:
Wrightsville Beach — Masonboro Inlet/Banks Channel Borrow Area:
Collection and Analysis of 16 Vibracores: CPENC proposes to collect and analyze
16 vibracores from within Masonboro Inlet and Banks Channel, which have
previously served as the borrow source for the Wrightsville Beach Project.
Vibracores will be collected to meet the 500 ft. spacing guidelines as currently
required by the North Carolina Division of Coastal Management. Analyses will
include grain size analysis, determination of percent silt, granular, and gravel as
defined by the North Carolina Division of Coastal Management (NCDCM, 2007),
and percent calcium carbonate.
Vibracores will be collected by a sub - contractor, under the direction of a CPENC
geologist, to retrieve maximum recovery necessary to permit a sufficient sand source
for the project. Upon retrieval, the cores will be measured, labeled, split lengthwise,
and transported to the lab for further analysis. The vibracores will then be logged by
describing sedimentary properties by layer in terms of layer thickness, color, texture
A -6
Board of Commissioners Meeting
01/23/2012
19 -2 -6
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
(grain size), composition and presence of clay, silt, gravel, or shell and any other
identifying features. Munsell color will be determined in accordance with American
Society for Testing and Materials Standard Materials Designation D2488 -00 for
description and identification of soils (visual- manual procedure) (ASTM, 2009). The
vibracores will be digitally photographed against an 18% gray background. Sediment
samples will then be obtained from irregular intervals based on distinct layers in the
sediment sequence. The unsampled half of each core will then be archived.
Bathymetric and Sidescan Sonar Survey of the Borrow Area: The USACE has
routinely conducted hydrographic surveys of the borrow area which would satisfy
state requirements. However, based on the schedule required to submit permit
applications, it may be necessary to collect these data in advance of when the USACE
might conduct such a survey. Likely delays in funding for plans and specifications
for the next cycle of nourishment would further necessitate the County to collect
these data. Therefore costs associated with this task are included herein. CPENC
will coordinate with USACE staff and if, in the unlikely scenario, the USACE has
funding and has scheduled such a survey in a timely enough manner to be
incorporated into permit applications, it will not be necessary to complete this item.
Navigation Systems: The navigation and positioning system deployed for this survey
will be a real -time kinematic (RTK) global positioning system (GPS) with dual
frequency receivers. RTK GPS relies on a base station and transmitter placed on a
survey point with a known elevation and horizontal position. The base stations for the
survey will provide the clear horizon needed to minimize phase - measurement effects
caused by multi- pathing. The base station position for the RTK GPS system will be
surveyed and established prior to survey operations. Horizontal and vertical
positioning checks will be conducted before and after the survey at existing
monuments located within the project area to confirm survey accuracy. The vertical
and horizontal accuracy of control data will meet USACE accuracy requirements
(EM 1110 -2 -1003, Chap. 4).
Hypack Inc.'s Hypack 2010 ® Data Collection and Processing Program:
Navigational and depth sounder systems will be interfaced with an onboard computer,
and data will be integrated in real time using Hypack Inc.'s Hypack 2010 or similar,
software. Hypack 2010 is a state -of -the -art navigation and hydrographic surveying
system. Online screen graphic displays include the pre - plotted survey lines, the
updated boat track across the survey area, adjustable left /right indicator, as well as
other positioning information such as boat speed, quality of fix measured by Position
Dilution of Precision (PDOP), and line bearing. The digital data is merged with
positioning data (RTK), video displayed and recorded to the acquisition computers
hard disk for post processing and /or replay.
Fathometer: An Odom Hydrographic Systems, Inc.'s Hydrotrac, or similar system
will be used for this bathymetric survey. This system is a single frequency portable
A -7
Board of Commissioners Meeting
01/23/2012
19 -2 -7
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
hydrographic echo sounder. The Hydrotrac operates at frequencies of 24, 33, 40, 200,
210, or 340 kHz and is a digital, survey -grade sounder. A 210 kHz transducer will be
used for the bathymetric survey.
Prior to the start of the survey, a reconnaissance survey of local survey monuments
will be conducted to confirm that the survey control is in place and undisturbed. RTK
GPS will be used to locate and confirm the survey control for this project. To achieve
the required accuracy, the hydrographic survey will be controlled using second order
monuments.
Horizontal and vertical RTK GPS positioning checks and sounder calibration will be
performed periodically throughout the survey (typically at the beginning and end of
each survey day). The sounder will be calibrated via bar - checks and a sound velocity
probe. The DIGIBAR PRO sound velocity meter will be used to find the average
sound velocity needed to calibrate the Hydrotrac sounder prior to performing the bar-
check.
Real -time navigation software (Hypack), will be used to provide navigation to the
helm in order to minimize deviation from the online azimuth. This software provides
horizontal position to the sounding data allowing real -time review of the data in plan
view or cross section format. A Trimble RTK GPS and a TSS Motion Compensator,
or similar systems, will be used onboard the survey vessel to provide instantaneous
tide corrections as well as heave, pitch and roll corrections. Soundings will be
collected at intervals sufficient to provide an accurate depiction of the seafloor. Cross
lines (tie lines) will be collected to verify survey accuracies.
Upon completion of the field work, data will be edited and reduced with CPENC's
internal software programs and Hypack ® . The observed tide data will be compared to
local predictions and other regional gauges for verification purposes. The offshore
raw digital data will be viewed and edited in Hypack ® . Digitized data will be scanned
for noise and compared to the analog record. False soundings will be removed and a
comma delimited file ACSII file will be created and exported.
Sidescan Sonar Survey: Sidescan data is required to verify the location and extent of
unconsolidated sediment and to map ocean bottom features such as benthic habitats,
exposed pipelines, cables, underwater wrecks, potential cultural resources, etc. The
sidescan survey will be conducted to identify features that may affect borrow area
delineation, introduce hazards to dredging, or adversely impact the environment.
During this investigation an EdgeTech 4200 FS sidescan sonar, or similar system,
will be used. This system uses full - spectrum chirp technology to deliver wide -band,
high- energy pulses coupled with high resolution and good signal to noise ratio echo
data. The sonar package includes a portable configuration with a laptop computer
running EdgeTech's Discover N) acquisition software and a minimum of 300/600 kHz
A -8
Board of Commissioners Meeting
01/23/2012
19 -2 -8
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
dual frequency towfish running in high definition mode. Dual frequency provides a
more complete sidescan return that aids interpolation at the outer portions of the
swath, which in turn provides a more complete data set.
Survey tracklines will be spaced in order to collect sonar imagery that provides 100
percent coverage of the seafloor within the survey area. During the investigations,
the sidescan will be towed from the survey vessel at a position and depth that limits
exposure to sources of interference and provides the best possible record quality. The
digital sidescan data will be merged with positioning data (RTK GPS via Hypack).
Position data will appear in the video display and will be logged to disk for post
processing and /or replay. The acoustic data will be recorded digitally and backed up
daily to an external hard drive.
Post collection processing of the sidescan data will be completed using Chesapeake
Technology, Inc's SonarWiz.MAP software. This software allows the user to apply
specific gains and settings in order to produce enhanced sidescan imagery that can be
interpreted and digitized for specific benthic habitat features and debris throughout
the survey area. Once the data is sufficiently processed a mosaic will be produced in
the form of a geotiff along with an interpretation of bottom features such as potential
benthic habitat and manmade debris in the form of a shapefile. Bottom features will
be digitized on a line -by -line basis to allow for comparison of features along adjacent
lines. The digitized features will be imported into a GIS, along with the final mosaic
for further analysis. Once they are imported into the GIS platform, final composite
digitized features will be created based on the line by line analysis performed in the
sidescan processing platform.
Cultural Resource Survey : In the most recent dredging operation of the Masonboro
Inlet borrow area, debris thought to be associated with a previously discovered wreck
in the vicinity of Masonboro Inlet was dredged up and pumped onto Masonboro
Island. Personnel from the Underwater Archaeology Branch of the North Carolina
Office of State Archaeology confirmed that the debris was consistent with material
that would be associated with the type of wreck in Masonboro Inlet. Through
discussions with Richard Lawrence (Marine Archeologist with the USACE) the
USACE will likely be required to conduct additional studies to determine the
horizontal and vertical position of the wreck to avoid any future impacts of dredging.
Again, the schedule required to submit permit applications will necessitate
conducting this study in advance of when the USACE might conduct such
investigations based on past procedures and likely delays in funding. As such a
cultural resource survey to verify the horizontal and vertical position of the wreck has
been included herein.
After consultation with staff of the North Carolina Office of State Archeology,
Underwater Branch and Tidewater Atlantic Research (TAR) staff, it is proposed that
a geophysical investigation be initially conducted to identify the geographical extent
A -9
Board of Commissioners Meeting
01/23/2012
19 -2 -9
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
of the wreck as well as the elevation of the surviving wreck structure. This survey
will include magnetometer, side scan sonar, subbottom profiler and bathymetric data
acquisition. This survey will be conducted in conjunction with the bathymetric and
sidescan sonar survey described above.
Upon completing the survey and analyzing the data, a report will be submitted to the
NC Office of State Archeology for consideration. If at that point the State decides
that further investigation is necessary to confirm the horizontal and vertical position
of the surviving wreck structure, CPENC will propose to conduct a precision
hydraulic probing survey of the wreck site under a separate scope of work. This
survey involves putting SCUBA equipped divers in the water to use a jet -probe
technique to physically jet down and confirm the presence of the wreck.
Carolina Beach — Carolina Beach Inlet Borrow Area:
Collection and Analysis of 10 Vibracores: CPENC proposes to collect and analyze
10 vibracores from within the previously designated borrow area used for the
Carolina Beach Project within Carolina Beach Inlet. The methodology described
previously for vibracore surveys will be used.
Bathymetric Survey of the Borrow Area: The purpose for conducting this survey
is the same as stated above for the Wrightsville Beach borrow site. CPENC will
coordinate with USACE staff and if, in the unlikely scenario, the USACE has funding
and has scheduled such a survey in a timely enough manner to be incorporated into
permit applications, it will not be necessary to complete this item. The methodology
described above will also be used for this survey.
With Carolina Beach Inlet having been artificially opened by local interests in 1952, the
USACE, through consultation with the North Carolina Office of State Archaeology,
determined cultural resource investigations in the inlet were not necessary. Discussions
with personnel from the Underwater Archaeology Branch of the North Carolina Office of
State Archaeology and DCM staff, associated with the formulation of this contingency
plan, have confirmed additional cultural resource investigations to permit the Carolina
Beach Inlet borrow site are unlikely. In addition, CAMA staff have indicated additional
geophysical surveys (subbottom profiling and /or sidescan sonar) is not anticipated to be
required given the pre- dredging depths of the borrow area. Therefore costs for cultural
resource surveys and geophysical surveys associated with the Carolina Beach Inlet
borrow area are not included herein.
Kure Beach — Offshore Borrow Area:
Geophysical Survey of Borrow Area A- South: The USACE has collected sufficient
vibracores to satisfy the State sediment criteria within Borrow Area A- South, the
A -10
Board of Commissioners Meeting
01/23/2012
19-2-10
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
borrow area currently used for the Kure Beach project. Although some geophysical
data was collected and used to define A -South and other borrow areas identified by
the USACE, the existing data for these sites would not satisfy the State sediment
criteria. The USACE has conducted cultural resource investigations for all four of
the areas (A- South, A- North, B -East, and B -West) authorized in the Design
Memorandum Supplement for the Kure Beach Pro ect (Design Memorandum
Supplement: Carolina Beach and Vicinity — Area South (Kure Beach) Portion, North
Carolina), completed in 1993. Advances in technology since the preliminary
geophysical surveys conducted in support of the 1993 document have been
significant. The geophysical survey included herein, will not only satisfy the State
sediment criteria but will also provide a much better understanding of the spacial
distribution of the sediments within the borrow area which will ultimately result in a
more refined sediment management plan for the borrow site.
Navigation: The methodology used for navigation throughout the geophysical survey
is the same as described above to be used for the surveys of the Wrightsville Beach
and Carolina Beach borrow sources.
Bathymetric Survey: The methodology used for the bathymetric survey is the same as
described above to be used for the surveys of the Wrightsville Beach and Carolina
Beach borrow sources.
Seismic Reflection Profile Survey: "Chirp" sub - bottom seismic - reflection data is used
to show sedimentary stratigraphy and identify potential project-compatible sediment
resources. The use of chirp sub - bottom data allows common stratigraphic layers to be
mapped throughout the study area while determining the thickness and extent of
potential project compatible sediment.
An EdgeTech X -STAR SB -512i, or similar system, will be used to conduct the seismic reflection
profile surveys. This instrumentation generates cross - sectional images of the seabed. Survey
tracklines will be spaced in order to collect data at a density sufficient to exceed
minimum requirements as described in the State sediment criteria. In order to
minimize noise related to the survey vessel and sea conditions, the seismic towfish
(which operates as both the source and receiver for the sub - bottom system) will be
deployed and towed behind the research vessel. The sub - bottom system will be
interfaced with RTK via Hypack 2011 or newer navigational software. The location
of the fish tow point (as referenced to the RTK antenna), together with the length of
cable deployed from the tow point, will be entered into Hypack in order to account
for the fish layback and provide accurate positioning of the seismic fish during the
survey. Data acquisition will be constantly monitored and adjusted to provide the
highest quality data given local conditions. In addition, existing vibracore data will
be used in real time, and later during data reduction, to ground truth stratigraphic
sediment units.
A -11
Board of Commissioners Meeting
01/23/2012
19-2-11
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
All sub - bottom data will be recorded on the acquisition computer's hard disk and
transferred to a USB memory stick and /or portable hard drive at the end of each
survey day to back -up raw survey data. Notes regarding line name, time, event, and
direction of collection will be recorded for the beginning and end of each survey
trackline. Post collection processing of the seismic data will be completed using
Chesapeake Technology, Inc's SonarWiz.MAP +SBP software. This software
allows the user to apply specific gains and settings in order to produce enhanced sub -
bottom imagery that can then be interpreted and digitized for specific stratigraphic
facies relevant to the project goals.
After data processing, sub - surface data interpretation will be performed using
SonarWiz.MAP +SBP software. Using the SonarWiz.MAP +SBP platform,
processed seismic profile lines will be accessed to digitally display the recorded sub-
surface stratigraphy. Using the existing vibracore descriptions as a guide, the seismic
stratigraphy will be interpreted and the depth of the top of marginal to poor quality
material will be determined. The stratigraphic reflector that best correlates with this
layer will be digitized and used to create isopach maps of sediment thickness.
Sidescan Sonar Survey: The methodology used for Sidescan Sonar throughout the
geophysical survey is the same as described above to be used for the surveys of the
Wrightsville Beach borrow source.
Sand Compatibility Report
The State sediment criteria require very specific reporting of both native beach and
proposed beach fill material to be in compliance and ultimately be permitted by the
DCM. CPENC will combine data generated from field activities described herein,
supplemented with historic data collected by the USACE in previous studies to report
sediment information necessary to comply with the State sediment criteria. CPENC will
coordinate with the USACE to acquire historic data including vibracore logs, coordinates,
and results of sediment analysis for past investigations associated with borrow areas for
all three projects. This comprehensive report will be submitted with the CAMA permit
application. In addition, up to 5 hardcopies of the report will be produced and provided
to the County. Digital copies of the report and appendix will also be provided to the
County for further distribution at its discretion.
In addition to providing information required by the State sediment criteria, the report
will include the quantities of available sand within the existing USACE borrow areas for
all three projects. CPENC will also evaluate the remaining material within the Kure
Beach offshore borrow area and determine the best sediment management plan for the
remaining material.
The estimated fee to complete TASK 3 services is $402,728.
A -12
Board of Commissioners Meeting
01/23/2012
19-2-12
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
The current State sediment criteria have special conditions for projects using sand from
Federal or State maintained navigation channels. Recently, CPENC participated with
other consultants, Carteret County staff, and staff from the North Carolina Division of
Coastal Management to discuss revising the State sediment criteria. The discussions
were focused on the special condition exceptions in the rules for Federal or State
maintained navigation channels. The proposed changes would modify the rules to allow
for the inclusion of projects associated with inlet sources of sand that are not confined to
Federal or State maintained navigation channels. The basis for this modification is that
material that is removed from a portion of the inlet repeatedly and has been historically
demonstrated to be of good quality should not be held to the same standards as unproven
sand sources. Subsequent to these discussions the proposed revisions were presented to,
and approved, by the CRC for a public hearing. Based on the current process to amend
the rules and conversations with NC Division of Coastal Management staff, CPENC
believes it is highly likely that the rules will be amended. CPENC will coordinate closely
with the Division of Coastal Management on the status of the rule changes prior to
proceeding with borrow area investigations.
If the Sediment Criteria rules are modified to reflect the changes previously described the
cost to complete task 3 will be reduced to $299,924.
TASK 4- ENGINEERING SERVICES
A complete description of all three projects as currently authorized and maintained by the
USACE will be developed to support the permit application process. The existing
information included in the Permit Contingency Plan such as nourishment histories and
analyses of past performance will be incorporated into the permit application. In addition
coastal engineers will work with staff to address agency concerns with regards to coastal
engineering principles such as erosion rates, past performance, inlet hydrodynamics, etc.
Plan drawings and typical cross - sectional plots of the authorized projects will be updated.
Engineers will coordinate with USACE staff to obtain the most up to date beach profile
monitoring data. These data will be used to update the existing nourishment requirements
for all three projects. This data and historic beach profile monitoring data will be used to
develop projections of possible nourishment requirements for the next scheduled
nourishment events for all three projects.
The project engineer will coordinate closely with the professional geologist tasked with
calculating borrow area volumes based on the bathymetric surveys of the borrow areas in
Masonboro Inlet, Carolina Beach Inlet, and offshore of Kure Beach described above in
TASK 3. In addition the project engineer will coordinate closely with the team of
geologists while developing the sand management plan for the Kure Beach offshore
borrow area.
A -13
Board of Commissioners Meeting
01/23/2012
19-2-13
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
The estimated fee to complete all TASK 4 services is $42,080.
OPTIONAL TASK 5- CONSTRUCTION PLANS AND SPECIFICATIONS
CPENC will prepare construction plans and specifications for the three projects
(Wrightsville Beach, Carolina Beach, and Kure Beach). The construction plans will
include plan view and cross - sections sufficient for the construction of the beach
nourishment projects. The plans will provide survey monumentation information which
will allow the contractor to control and construct the beach nourishment projects. The
limits of Borrow Areas to be used for the projects will be delineated and the allowable
dredge cut depths indicated.
One set of specifications will be developed to cover all three projects. The specifications
will be divided into two general categories. The first section will include bidding
requirements and contract forms supplied by the CLIENT for retention of construction
contractors. Bidding requirements will include the Invitation to Bid, Instructions to
Bidders, Bid Form and other appropriate documents. The second part of the first section
will include the contract forms. The CLIENT form of contract (if applicable) will be
included in this section. The section will include such items as the Certificate of
Corporate Authority, Acknowledgements of the Contractor, Performance and Payment
Bonds, Final Receipt and any special instructions.
The second section of the specifications will include General Conditions, Technical
Provisions and Environmental Protection Measures. The General Conditions portion of
the contract will include information related to the commencement, prosecution and
completion of the work. It will address such issues as liquidated damages, performance
of work by the contractor and subcontractors, and a designation of certain contractor
personnel for tasks such as project superintendent. General Conditions will describe the
layout of the beach fill; address acceptance sections, and mobilization and demobilization
from the project area. It will identify the method of payment to the contractor and the
clauses for liquidated damages, if necessary. Project details of a general nature will be
included in this section. Lastly, this section includes the CLIENT's right to terminate the
contract, liability insurance, liens and legal issues.
The Technical Provisions will identify the work to be accomplished. It will include the
order of work, the project schedule, excavation requirements, beach fill requirements,
clean -up requirements, and other issues related to construction. It will address issues
such as nighttime operations and beach tilling, as required by permits.
A section on environmental protection will be included within the specifications. This
section will identify the important clauses contained in the permits, including a copy of
the permits received for the project. The contractor will be advised that he is required by
law to abide by all the conditions provided by Federal and State permits for the project.
A -14
Board of Commissioners Meeting
01/23/2012
19-2-14
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
Issues to be addressed in this section include protection of environmental resources,
restoration of landscape damage, maintenance of pollution control facilities and a
requirement for an environmental protection plan. CPENC will provide 15 sets of plans
and specifications for distribution.
The estimated fee to complete services associated with TASK 5 is $85,345
OPTIONAL TASK 6 — CONTRACTOR BIDDING, SELECTION, AND
NEGOTIATIONS
CPENC will assist the CLIENT in the selection of a dredge contractor for the beach
nourishment projects. The CLIENT's purchasing department will manage the bidding
process with assistance from CPENC. Plans and specifications will be made available for
distribution to all interested contractors. CPENC will provide a list of eligible contractors
to the CLIENT for bidding purposes. In conjunction with the CLIENT, CPENC will
conduct a pre -bid conference, inviting all contractors to attend. The pre -bid conference
will provide an opportunity to describe the project and to solicit questions from potential
contractors. The conference will be conducted at the project site and a tour will be
conducted with the potential contractors of the project site to answer any additional
questions. CLIENT representatives will be on hand to address issues related to
infrastructure, CLIENT requirements and any other issues affecting the local government.
The potential contractors will be provided thirty (30) days to submit a bid for the project.
CPENC will answer questions during bidding and issue addenda as required. CPENC
will be present for the bid opening, and will assist the CLIENT in reviewing the bids and
evaluation of the low bidder, taking into consideration the capability of the contractor
(low bidder) in constructing the project. CPENC will provide a recommendation
concerning the selection of the contractor. CPENC will assist in negotiating with the low
bidder. CPENC personnel will be available to appear before the County Commission and
answer any questions concerning the contractor recommendation.
The estimated fee to complete services associated with TASK 6 is $20,426.
Break Down of Costs: Due to the variability of tasks associated with this scope of work,
the County has elected to execute the contract on the basis of a time and materials "Not -
to-Exceed" basis. Therefore, the costs included herein reflect a time and materials Not -
To- Exceed contract agreement.
A -15
Board of Commissioners Meeting
01/23/2012
19-2-15
EXHIBIT A
DRAFT: SCOPE OF PROFESSIONAL SERVICES
NEW HANOVER COUNTY, NORTH CAROLINA
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
TABLE 1
If the Sediment Criteria rules are modified to reflect the changes previously described the cost to complete
task 3 will be reduced to $299,924.
This proposal includes services required to assist the County in obtaining the necessary permits, developing
plans and specifications, and assisting with contractor bidding, selection, and negotiations for all three of
the Federally authorized storm damage reduction projects. Subsequent to the development of this proposal,
the County has requested a modified optional proposal that would reflect those efforts required only to
provide the above listed services in association with the Carolina Beach project. The cost shown in Table 2
below reflect the costs associated with executing only those services listed in this proposal that are
necessary for the Carolina Beach project.
TABLE 2
Task
Cost
Task 1: Project Coordination
$26
Task 2: Environmental Permitting and Documentation
$116
Task 3: Geotechnical Investigations
$402
Task 4: Engineering Services
$42
Optional Task 5: Construction Plans & Specifications
$85
Optional Task 6 Contractor Bidding, Selection, & Negotiations
$20
Total
$693
If the Sediment Criteria rules are modified to reflect the changes previously described the cost to complete
task 3 will be reduced to $299,924.
This proposal includes services required to assist the County in obtaining the necessary permits, developing
plans and specifications, and assisting with contractor bidding, selection, and negotiations for all three of
the Federally authorized storm damage reduction projects. Subsequent to the development of this proposal,
the County has requested a modified optional proposal that would reflect those efforts required only to
provide the above listed services in association with the Carolina Beach project. The cost shown in Table 2
below reflect the costs associated with executing only those services listed in this proposal that are
necessary for the Carolina Beach project.
TABLE 2
Task
Cost
Task 1: Project Coordination
$20
Task 2: Environmental Permitting and Documentation
$94
Task 3: Geotechnical Investigations
$133
Task 4: Engineering Services
$14
Optional Task 5: Construction Plans & Specifications
$52
Optional Task 6 Contractor Bidding, Selection, & Negotiations
$16
Total
$331
The total cost for Tasks 1 — 4, associated with obtaining permits for the Carolina Beach project is
$262
If the County elects to pursue the proposal for Carolina Beach Only, CPENC reserves the right to re-
negotiate the associated costs for including the Wrightsville Beach and Kure Beach projects into the
proposal. Increased costs could be realized based on additional coordination, preparation of documents,
and mobilization.
A -16
Board of Commissioners Meeting
01/23/2012
19-2-16
Reduced Cost
Board of Commissioners Meeting
01/23/2012
19 -3 -1
Task
Cost
Task 1:
Project Coordination
$20,490
Task 2:
Environmental Permitting and Documentation
$94,684
Task 3:
Geotechnical Investigations
$133,444
Task 4:
Engineering Services
$14,185
Task 5:
Construction Plans & Specifications
$52,417
Task 6 Contractor Bidding, Selection, & Negotiations
$16,660
Total
$331,880
Board of Commissioners Meeting
01/23/2012
19 -3 -1
Just Permitting (Tasks 1- 4)
$262,803
Original Cost
$26,165
$116,532
$402,728
$42,080
$85,345
$20,426
$693,276
Reduction In Cost
1 21.7% 1
1 18.7 % 1
66.9
66.3
38.6%
18.4%
Board of Commissioners Meeting
01/23/2012
19 -3 -2
Just Permitting (Tasks 1- 4) Total Reduction Permitting
$587 55.3%
Total Reduction
52.1%
Board of Commissioners Meeting
01/23/2012
19 -3 -3
EXHIBIT B
SCHEDULE OF DELIVERABLES
PERMITTING OF NEW HANOVER COUNTY BEACH
NOURISHMENT PROJECTS
The following list of subtasks is established as the performance schedule for the permitting of the New
Hanover County Beach Nourishment Projects under the agreement dated January xx, 2012
1. Day 0 — Date on which New Hanover County provides notice to proceed
2. Day 30 — CPENC will have held a coordination meeting with agencies and reviewed existing
documents and provided the County with a status update
3. Day 150 — CPENC will have:
0 Submitted a Major CAMA Application to the North Carolina Division of Coastal
Management
• Submitted a Draft Biological Assessment (BA) to the US Fish and Wildlife Service
• Submitted a Draft Essential Fish Habitat (EFH) report to National Marine Fisheries
Service
0 Submitted copies of the above documents to the County
Board of Commissioners Meeting
01/23/2012
19-4-1
EXHIBIT C
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
RATE SCHEDULE
I. PERSONNEL CLASSIFICATION
R=
Principal Engineer .............................................................. ...............................
215.00 1hour
ProjectManager ............................................................... ...............................
175.00 /hour
Senior Coastal Engineer .................................................... ...............................
145.00 /hour
CoastalEngineer ................................................................ ...............................
115.00 /hour
Professional Surveyor & Mapper ..................................... ...............................
165.00 /hour
Hydrographer................................................. ............................... 115.00/hour
Surveyor........................................................ ...............................
90.00 /hour
SurveyTechnician .............................................................. ...............................
70.00 /hour
Senior Marine Biologist ................................................... ...............................
135.00 /hour
Marine Biologist ........................................ ...............................
100.00 /hour
Professional Geologist ...................................... ...............................
125.00 /hour
Senior Geologist ........................................... ...............................
145.00 /hour
Project Geologist .............................................................. ...............................
115.00 /hour
Geologist.......................................................................... ...............................
100.00 /hour
JuniorGeologist ................................................................. ...............................
85.00 /hour
Senior CAD /GIS Operator ................................................ ...............................
100.00 /hour
CAD /GIS Operator ............................................................ ...............................
90.00 /hour
Clerical................................................................................ ...............................
68.00/hour
II. EQUIPMENT
R=
Truck(2WD road use) ......................................................... ............................... $0.50 /mile
Enclosed 18" Trailer .............................................................. ...............................
78.00 /day
TrimbleRTK GPS ............................................................... ...............................
495.00 /day
Trimble Differential GPS ..................................................... ...............................
415.00 /day
Heave, Pitch, Roll Compensator ......................................... ...............................
215.00 /day
Fathometerw / digitizer ............... ............................... .........................165.00
/day
Speed of Sound Velocity Meter ............................................ ...............................
63.00 /day
Hypack/DredgePack Navigation System ............................. ...............................
260.00 /day
X -STAR CHIRP 5121 Seismic Profiling System ............... ...............................
1150.00 /day
Seismic Profiler Thermal Printer ......................................... ...............................
130.00 /day
Sonar Wizard Map Data Processing Package ...................... ...............................
155.00 /day
Edgetech 4200 FS Sidescan Sonar System .......................... ...............................
695.00 /day
Geometric G -881 Magnetometer ......................................... ...............................
215.00 /day
Underwater Tide Gauge ....................................................... ...............................
175.00 /day
PortableAC Generator .......................................................... ...............................
60.00 /day
DigitalCamera ....................................................................... ...............................
10.00 /day
SedimentAnalysis .......................................................... ...............................
65.00 /sample
Carbonate Testing ............................................................ ...............................
65.00 /sample
Board of Commissioners Meeting
01/23/2012
19 -5 -1
EXHIBIT C
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
RATE SCHEDULE
III. REPRODUCTIONS Rates
Photocopies — Black & White
8 V2" x 11" and 8 V2 x 14" ........................................ ............................... $0. 1 0/pag e
11" x 17" ................................................................... ............................... $0.15 /page
HeavyBond ............................................................. ............................... $0.30 /page
CoverStock .............................................................. ............................... $0.50 /page
Photocopies — Color
8 V2" x 11 " and 8 V2 x 14" ........................................ ............................... $0.50/page
11" x 17" ................................................................... ............................... $0.75 /page
HeavyBond ............................................................. ............................... $1.00 /page
CoverStock .............................................................. ............................... $1.00 /page
CAD Plotter Copies
8 V2" x 11" and 8 V2 x 14" ........................................ ............................... $1.00 /each
11 " x 17" ................................................................... ............................... $2.00 /each
24" x 36" ................................................................... ............................... $3.00 /each
IV. APPROVED SUB - CONSULTANTS (management fee ) .............................. 10% of cost
V. DIRECT COSTS (handling fee) ...................................... ............................... 10% of cost
Board of Commissioners Meeting
01/23/2012
19 -5 -2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 20
DEPARTMENT: PRESENTER(S): Chris O'Keefe, Planning & Inspections Director
CONTACT(S): Chris O'Keefe, Planning & Inspections Director and Nicole Dreibelbis, Current Planner
SUBJECT:
Public Hearing
Zoning Text Amendment (A -398, 11 /11) - Request by Staff to Amend Article XIII Legal Sections of the
Zoning Ordinance
BRIEF SUMMARY:
The proposed amendments will make administrative changes to reflect the current departmental
organization, clarify processes and codify the systematic procedure for enforcing violations of the ordinance.
Included in the changes is a reduction in the penalty for zoning ordinance violations. The reduction will
allow staff to recover debt through civil proceedings in small claims court if the offender does not pay the
penalty to the county Finance Office within 15 days. The current fee amount accrual exceeds the small
claims court limit before 15 days and therefore requires a more expensive and time consuming process to
enforce. The other significant change designates authority to the County Manager's office to reduce fine
amounts for violations that have been remedied. Both of these changes should lead to greater compliance
with the code.
At its November 3, 2011 meeting the Planning Board voted 6 -0 to recommend approval as presented. No one
from the public spoke on this item.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Increase efficiency and quality of key business processes
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval.
ACTION NEEDED: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether
its action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning ordinance amendment as described above is:
1. Consistent with the purposes and intent of the policies in the 2006 CAMA Land Use Plan as well
as the County's 2011 Strategic Plan.
2. Reasonable and in the public interest to make changes that correct or clarify language in the
zoning ordinance.
Board of Commissioners Meeting
01/23/2012
20 -0
ATTACHMENTS:
A -398 Text Script
Text Amendment Article XIII legal provisions of zoning ordinance
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
01/23/2012
20 -0
ITEM #
SCRIPT FOR TEXT AMENDMENT A -398 (11/11)
REQUEST BY STAFF TO AMEND THE LEGAL PROVISIONS OF ARTICLE XIII,
SECTIONS 131 -133 AND SECTION 136 TO CLARIFY THE ENFORCEMENT
PROCEDURE AND UPDATE TERMINOLOGY.
CHAIRMAN
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponents presentation (up to 15 minutes)
C. Opponents presentation (up to 15 minutes)
d. Proponents rebuttal (up to 5 minutes)
e. Opponents rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
Board of Commissioners Meeting
01/23/2012
20 -1 -1
A -398 AMENDMENT TO THE ZONING ORDINANCE
APPLICANT: STAFF
The staff proposes the following changes to Article XIII in order to clarify and update
administrative authorities; to clarify intent that reflects the merger between Planning &
Inspections, and to codify the systematic procedure for enforcing violations of the
ordinance.
PLANNING BOARD ACTION: At its November 3, 2011 meeting the board voted 6 -0 to
recommend approval of the proposed amendment as presented. No one from the public
spoke on this item.
ARTICLE XIII LEGAL PROVISIONS
Section 130: Provisions of Ordinance Declared to be Minimum Requirements
The provisions of this Ordinance shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, morals, or general welfare.
Wherever the requirements of this Ordinance are at variance with the
requirements of any other lawfully adopted regulations, the most restrictive or that
imposing the higher standards, shall govern.
Section 131: Complaints Regarding Violations
Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any
person may file a written complaint. Such complaint stating fully the causes and
basis thereof shall be filed with the zoning administrator He
shall record properly such complaint, immediately investigate, and take action
thereon as provided by this Ordinance.
Section 132: Enforcement of Ordinance
This ordinance may be enforced by any one or more of the remedies authorized by G. S.
S 153A -123, including but not limited to the following:
132 -1: Violation of this ordinance subjects the offender to a civil penalty of one hundred
dollars ($100.00) for a first offense, wee two hundred dollars $200) for
a second offense, and three hundred dollars ($'59A -99 $300) for a third and
subsequent offense to be recovered by the County in a civil action in the nature of
debt if the offender does not pay the penalty to the county Finance Office within
9} fifteen (15) calendar days after the offender has been cited for a violation.
Violation of this ordinance shall result only in civil penalties and /or civil action
set forth herein and shall not entail criminal sanctions. (1/5/98)
132 -1.1: Enforcement Procedure
A -398 with comments for PB
Page 1
Board of Commissioners Meeting
01/23/2012
20-2-1
(A) Upon observation or reporting of an alleged violation, the zoning official shall
investigate the case and make a determination as to whether a violation has
occurred in accordance with Section 100 -2 of this ordinance. If the zoning
official determines that there is a violation, a notice of violation shall be
issued to the owner and occupant by certified or registered mail as well as first
class mail to his last known address, or by personal service or by posting
notice of the violation conspicuously on the property:
(1) That the land, building, sign, structure or use is in violation of this
ordinance;
(2) The nature of the violation, and citation of the section of this ordinance
violated; and
(3) The measures necessary to remedy the violation.
(B) If a land use is commenced without proper zoning authorization, the zoning
official shall instruct the owner or occupant in writing to immediately cease
the unauthorized use and apply for appropriate permits or authorizations prior
to resumption of the use.
(C) Any owner and /or occupant who has received a Notice of Violation may
appeal in writing the decision of the zoning official to the Board of
Adjustment in accordance with Section 121 -1 of this ordinance. If the Board
of Adjustment shall affirm that the owner and /or occupant is in violation of
the ordinance, it shall make an order in writinz to the owner and occupant
affirminz the violation and ordering compliance. In the absence of an appeal,
the remedies and penalties sought by the zoning official shall be final.
(D) Except in the case of an order to cease a land use, if a violation is corrected
within three (3) days of the date of notice of violation, no penalty will be
levied. However, if the same violation recurs within the same year, it will be
considered the second offense and penalties will be levied each day as
outlined in Sec. 132 -1.
(E) If there is no approved plan in place for corrective action within three (3) days
of the date of notice of violation, penalties will accrue as described above, and
the first day of violation will be the date on the notice of violation. The zoning
official may approve a plan for corrective action with specific benchmarks
and continuous progress when the nature of the violation merits such a plan.
The plan shall be binding on the violator and shall be in writing and included
in the case file.
(F) After the violation has been remedied, if penalties have accrued to a sum over
$5,000, owners and /or occupants may request consideration of an alternative
equitable settlement of penalties through the office of the County Mana e rA
letter of justification and approval shall be included in the case file when
penalties are reduced.
(G) The zoning official may withhold or deny any permit, certificate, occupancy,
or other form of authorization on any land, buildin sign, structure, or use in
which there is an uncorrected violation.
132 -2: This ordinance may be enforced by an appropriate equitable remedy issuing from
a court of competent jurisdiction
A -398 with comments for PB
Page 2
Board of Commissioners Meeting
01/23/2012
20 -2 -2
132 -3: This ordinance may be enforced by injunction, order of abatement, or both, as
provided in G. S. 153A-123(e).
132 -4: Each day's continuing violation of the ordinance is a separate and distinct offense.
Section 133: Approval of the New Hanover County Health Department or Cape Fear
Public Utility Authority
The Building Inspector shall not issue a building permit for any structure which
requires the New Hanover County Health Department's or the Cape Fear Public
Utility Authority's approval for the installation of a sewage disposal system until
such approval has been granted by the New Hanover County Health Department
or the Cape Fear Public Utility Authority. Evidence of approval shall accompany
the application for a building permit.
Section 134: Separability Clause
Should any section or provision of this Ordinance be declared by the courts to be
unconstitutional or invalid, such decisions shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part so declared to be
unconstitutional or invalid.
Section 135: Responsibility
Any failure to comply with a requirement, prohibition, or limitation imposed by
the provisions of this ordinance, or the terms and conditions of any permit or
other authorization granted pursuant to this ordinance, shall constitute a violation
of this ordinance One or more of the following responsible parties may be held
responsible for a violation of this ordinance and be subject to the remedies and
penalties provided in this Section:
A. A contractor, agent, or any other person who participates in, assists, directs,
creates, or maintains a situation that constitutes a violation of this ordinance,
and
B. An owner of the property, on which a violation of this ordinance occurs, and
any tenant or occupant of that property who has control over, or responsibility
for, its use or development. However, violations by tenants shall subject the
owner only to civil penalties and /or civil action set forth in Sections 132 -2
through 132-5 of this Ordinance and G.S. §153A-123(a), (c), (d), (e), (f), and
(g), and said owner shall not incur criminal penalties for violations by his
tenants. This owner's responsibility provision shall in no way relieve any
tenant from liability for any violations of this ordinance. (1 -03 -89)
A -398 with comments for PB
Page 3
Board of Commissioners Meeting
01/23/2012
20 -2 -3
Section 136: Effective Date
This Ordinance shall take effect and be in full force from and after its adoption by
the County Commissioners of the County of New Hanover, North Carolina, this
the 15th day of October, 1969. Subsequent revisions will take effect as adopted.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether its action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning ordinance amendment as described
above is:
1. Consistent with the purposes and intent of the policies in the 2006 LAMA Land Use
Plan.
2. Reasonable and in the public interest to make changes that address administrative
procedural changes that clarify or correct existing language in the ordinance.
A -398 with comments for PB
Page 4
Board of Commissioners Meeting
01/23/2012
20 -2 -4
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: January 23, 2012
REGULAR
ITEM: 21
DEPARTMENT: Commissioners PRESENTER(S): Chairman Davis
CONTACT(S): Sheila Schult, Clerk to the Board
SUBJECT:
Committee Appointment
BRIEF SUMMARY:
A vacancy exists on the Wilmington Regional Film Commission.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointment.
ATTACHMENTS:
Committee Information and applications
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointment.
COMMISSIONERS' ACTIONS:
William Vassar was reappointed to the Wilmington Film Commission.
Board of Commissioners Meeting
01/23/2012
21 -0
COMMITTEE APPOINTMENTS
WILMINGTON REGIONAL FILM COMMISSION
1VACANCY
TERM: 3 -YEARS
APPLICANTS
William Vassar
Shawn O'Rourke
Attachments: Committee Information Sheets
Committee Applications
ELIGIBLE FOR
REAPPOINTMENT
Fj1
Board of Commissioners Meeting
01/23/2012
21 -1 -1
WILMINGTON REGIONAL FILM COMMISSION
Number of Members: 5
2 appointed by County Commissioners (includes County Commissioner)
2 appointed by Wilmington City Council (includes one council member)
1 appointed by the other 4 members
Term of office: 3 years; no more than 2 consecutive terms
Regular Meetings; Meetings are held quarterly as needed at the Film Commission office,
1223 N. 23rd Street, Wilmington, NC 28403.
Purpose: The Film Commission is a non- profit corporation organized to operate for the
improvement of business conditions for the common interest of the film and video industry in the
Southeast Region of North Carolina, particularly the Wilmington area. It acts as a liaison between
the film industry, local governments, and the communities in order to attract and facilitate
on- location film and video production by educating, informing, setting standards of
professionalism, and serving as a clearinghouse for location production information. The Board
of directors manages the business and affairs of the corporation.
Statute or cause creating Board: Film Commission originally established by the Chamber of
Commerce in 1993 (October 18, 1993 minutes). County Commissioner appointed to serve on
Wilmington Regional Film Commission Board of Directors on June 16, 1997.
Board of Commissioners Meeting
01/23/2012
21 -1 -2
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT
EXPIRATION
Cou nty Representatives
Ted Davis, Jr., County Commissioner
Appointed 12/20/10
Undesignated
230 Government Center Drive, Suite 175
Wilmington, NC 28403
763 -6249 (W) 798 -7149 (NHC office)
Bill Vassar, Vice - Chairman
First 4/7/08
1/31/12
Screen Gems Studios, Executive Vice President
1223 N. 23rd Street
Wilmington, NC 28405
g
f
343 -3500
r s, � � / _ _ •• _�
t r r s r ,• - n ._ Spp
•
,
.•
--- --------- . ..... ...
-
= _ -__ r rr
-
Mayor Bill Saffo, City of Wilmington
Undesignated
P.O. Box 1810
Wilmington, NC 28402
341 -7810 COW office
Carey Jones
First 2/1 /11
1/31/14
The Production Source, Inc., President
1519 N. 23` Street, Suite 203
Wilmington, NC 28405
399 -3841 (W) 297 -1606 (C)
Board of Commissioners Meeting
01/23/2012
21 -1 -2
WILMINGTON REGIONAL FILM COMMISSION (CONTINUED)
TERM OF OFFICE
CURRENT MEMBERS APPOINTMENT EXPIRATION
Film Commission Appoi
James L. F. Smith, Chairman 1/31/12
c/o Four County EMC
P.O. Box 667
Burgaw, NC 28425
(910) 259 -1821 (W) (910) 617 -1379 (C)
Johnny Griffin, Director File: /Film
Wilmington Regional Film Commission 2/11
1223 N. 23rd Street
Wilmington, NC 28403
343 -3456 (0)
L 2343-3457 (Fax)
Revised: 2/24111
Board of Commissioners Meeting
01/23/2012
21 -1 -3
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
230 Government Center Drive, Suite 175
Wilmington N 28 COMMITTEE APPLICATION
Telephone (910) 798 -7149
FAX (910) 798 -7145
Board/Committee: f f I ^'N C D owl W1 1 SS1
Name: �j �r1 no n C) Rom ✓ KQ_ E -Mail: Svw) h I 13 S Q✓ Cl ^'% a C o•"
Home .
Address: `k c10 5 lar-c^'tyr4 17
(st reet) �p 'o e 1
Mailing Address if different:
(City) (Zip Code)
Home Phone:
Fax:
Cell: 9 10 -eP6!Y - Y 1 0 Business:
Years living in
New Hanover County: Male: N/ Female: Race: vsIn % t
(Information for the purpose of assuring a cross - section of the community)
Age: 3 s
Emplo Pr • v a.. N*' contrac r tv"'t 1 h d r•
A person currently employed by the agency or department for which this application is made, must resign is/her position with
New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy.
Occupation: >Yo �
w
L
Professional Activities: t; c T-V
Volunteer Activities: s
Why do you wish to serve on this boardlcommittee?
Conflict of Interest: if a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other
members of hislher 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 director 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?
so
1 V\ kcr k4*r *' (--
l.] \V ir►cw c� _5
Qualifications for serving:
Other municipal or county boardslcommittees on which you are serving: � 3,
List three local personal references and phone numbers:
1. Ll`s'alk _.
2. CCj'r u JOv\
3. 51\e :1 a B YO1'NnQ
Date: q — 2 1 — Z010
4i0 — Tk-fG — 2
Sao — 3 93 — 3S
Ito - 247 - 90
Applications are kept on file for 18 months
Please use reverse side for additional comments
I rl r) 1 r
2
NEW HANOVE R CO
BD. Of COWAISSIONtRS
Signature
1 understand that this appointment serves at the pleasure
of the New Hanover County Board of Commissioners.
Board of Commissioners Meeting
01/23/2012
21 -1 -4
9 -21 -2010
Shaun O'Rourke Bio
Shaun O'Rourke wears many hats in his ongoing career. His first, true love is acting; however, he has
successfully explored the avenues of producing, writing, marketing, and directing.
Shaun O'Rourke is managing partner of the North Carolina based film and television production
company Eleven Bravo Productions, LLC.
Eleven Bravo produced the independent feature film titled "Butchered ". Shaun worked with Los
Angeles based Anthem Pictures to secure a straight to DVD national release in February of 2010 for the
Wilmington produced project.
Eleven Bravo also produced the Wilmington based 9 episode police drama "Port City P.D." that has
been on television across the globe and will be on NBC's Non Stop Network this fall airing on local
affiliates in New York City, Los Angeles, Philadelphia, Washington DC, and many more affiliates
across the country.
O'Rourke first entered the realm of producing in 2000 With a spec television pilot entitled, Darktales
produced in Wilmington NC., but continues to work with distribution outlets that encompass all new
media across the globe.
Shaun has been successful in working with production companies in all areas of marketing of projects.
O'Rourke's contacts in New York City and Los Angeles gives him an incite into the current film and
television trends. Shaun has lived in New Hanover County for over 13 years, and has his finger on the
pulse of what makes New Hanover and the surrounding counties attractive to production companies.
O'Rourke has also worked on almost every maj or film and television project to open up shop in
Wilmington NC since 2007 including but not limited to HBO's Little Britain USA, Nights in Rodanthe,
HBO's Eastbound and Down, One Tree Hill, Bolden, Provinces of Night. Shaun continues to
independently produce NC based film and television projects.
Shaun also acted in Sightl ines, an award winning screenplay, which he starred with Nick Searcy (The
Ugly Truth, Cast Away, The Fugitive). O'Rourke is also well known for his various voice over roles in
Japanese Anime cartoons globally such as Crusher Jae, Vampire Princess Miyu and dozens more.
Currently, O'Rourke is getting rave reviews for his performance in the psychological horror film,
Unawakening. Currently Shaun just wrapped the NC based independent film "Peices of Talent ".
Board of Commissioners Meeting
01/23/2012
21 -1 -5
SHAUN O'ROURKE
4905 Brenton Ct. Wilmington, NC 28412
910 -264 -4953 ■ SHAUN 1138 G „M.AIL.COM
http://www.imdb.com/name/nm1301442/
Bolden / Additional Photography 2010
King Bolden, LLC.
UPM: Dale Williams (910)512 -2864
POC: Ingrid Johanson (910 )231 -3478
The Last Song
Piano Pictures, LLC. / Disney
Assistant Location Manager: Rachael Tartell (917 )715 -1533
Bloodworth aka Provinces of Night
Provinces of Night, LLC.
UPM: Dale Williams (910)512 -2864
POC: Julia Margagliotta (910)352 -3785
The Crazies
Jekyll Productions, LLC. /overture Films
UPM: Brian Frankish
Locations Manager: Maida Morgan (404) 808 -0600
East Bound and Down: Season 1
HBO /Enemy Wigs Productions, Inc.
Producer: Stephanie Cone Laing (310) 780 -8471
POC: Heath Howard (310) 266 -4955
One Tree Hill: Season 7
Tolin Robbins / CW
APQC: Elizabeth Dennis (843 )478 -2272
Little Britain USA: Season 1
HBO /Turville Productions, Znc.
Producer: Stephanie Cone Laing (310) 780 -8471
POC: Heath Howard (310) 266 -4955
Nights in Rodanthe
Warner Bros. / Village Roadshow Pictures / Di Novi Pictures
Executive Producer: Doug Claybourne (818) 601 -7700
Production Manager: Nancy King (401)497 -7357
POC: Heath Howard (310) 266 -4955
A Good Old Fashioned Orgy
GOF Productions, LLC. Endgame Entertainment
Locations Manager: Maida Morgan (404) 808 -0600
Privateer
River Pirate Productions, LLC.
Producer: Alfrado Gomez (562) 843 -9026
Director: James L. Bills (310) 341 -9927
Butchered
Eleven Bravo Productions, LLC. / Anthem Pictures
Co- Producer: Sheila Brothers (910) 297 -901
Port City PD: 9 Episodes
Eleven Bravo Productions, LLC.
Co- Producer: Sheila Brothers (910) 297 -901
Office Production Asst.
Locations Production Asst.
Office Production Asst.
Locations Production Asst,,
Office Production Asst.
Utility Office Production Asst.
Office Production Asst.
Office Production Asst.
Locations Production Asst.
Office Production Asst.
Co- Producer,, Writer
Co- Producer, Writer
Board of Commissioners Meeting
01/23/2012
21 -1 -6
Jan. 10. 2012 91- 33AM No,, 3048 P. 2
NEW NANOI/FR COUNTY
BOARD OF COMMISSIONERS
P90 GovNnptenf Csnls► Oft 8Uh 173 '
Whni2 qkh% NO 2840$ COMMITTEE APPLICATION
re*non.(,vio) 7s8ai4s
FAX (810) 798-7145
j)oal"d&-%0Mmllfee; Wilmingto Regional Wn Commi
Name. willi Vas sar EWall� vass ar $Qr nips t dios . cam
Home
Address. 512 Martha L Wilmington, 3TC 20405
Af allfng Address if dlf vn t.
(CRY)
(ZO )
Home Phone; 910 793 5399 Fax. 910 343 3574 Cell: 910 599 0011 Buslnes& 910 343 a
Years livin ► In
New Hanover Count 5� A+tal 0 Fen ale: c ;k ite fie' 57
IIrila M ion for the purposs of amurtng a CM84mlion of th 00maWAY)
Do you have a family member employed by New Hanover Cou If yam, name n°
LcMployer: LVS Screen G ems Studios
A pnm Ww* Y by of dq&PW of 4WftW9 lip. wAhDh ift *Ok dm Is MBO mix r#4m hk4w P0010 W16 New HeVNV OOt W upon gppok&Nd,, in
*60Mft ev *M Ar" V4 Sea 4 M@ N#WHWWV@rCVU1 W PWM0Mo1Pbffqy, FuM vWv sppimnl Shedd have no Imrm dkis len* n ngw sN*ysd breuch for
depertrwt
Occupation. Zxacuti ViAn Fesident (manager of the movie studio)
Professional Acdvitlese, Zoar de r Go vernor's ailm Co Mw&er Cucalorus Filth Festiv
Volunteer Ac OvIfles: BOY Br-outs, or vi story of B aseba ll for the Ha ll of Fume ,
Vey do you W1sh to serve on this boardreom mittee? Vse H7 mart t skills and industry cantaats
to attract new f i2m Indus ty p3coduction bus Ines to No Hanover County.
Con0for o1 ifiU st: 1t t ip�ard n�e�+ r bsl�erva h he !mss a or ienilai eor lct of fnf st on a p�trt�u` ► dad member Should sde dug del hf the other
memhre of hWw rosp*OW Om d dudv a pubb meatu The merrier aWd sAft fie #who or die oMid, de #rg MMI hethe hrs a sV00e. pthrold. of MwWwy
JErNenrsy r 1� �n ! Urfa un�ISr o0�laidaietlon. The mwftof ~Own Ome Nrnse fterWI dram +raft oe the nWW.
Met areas of concern would you tike to see addressed by this Committee? R ecruiting and training
film and television workers to expand the county crew base.
Qualificad ons for serving: 42 yea-to of media businea s experience. 23 years in the film and
television production industry.
Other municipal or County hoarddoommi[Ises on which you a m serving: None ,
List three local personal references and phone numbers.
f4 14 4p) r
q
3,
Date:
Please use rev me side for addluonal comments
sign&
1 andm
wi thout
by a mafnrity of County Cemm"oners.
Board of Commissioners Meeting
01/23/2012
21 -1 -7