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Agenda 2012 01-23New Hanover County, North Carolina ak 0 - - m arw-- 6iM 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 This page intentionally left blank. 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 This page intentionally left blank. 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) A mm A r+11X XT9P Q. 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 '� �, � �i s„ 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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