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Agenda 2001 03-12
A~ E A ~~' I~ANOVER COIJN~Y BOARD OF COMMISSIONERS Courtroom 317; New Hanover-Coccnty Judicial Building Princess-Street, Wilmington, NC ' -.~, . ' TED DAVIS, JR., CHAIRMAN • ROBERT G. GREER VICE-CHAIRMAN .WILLIAM A. CASTER, COMMISSIONER • JULIA BOSENIAN, COMMISSIONER • NANCY PRITCHETT, CO MMISSIONER ALLEN O'NEAL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • LUCIE F. HARRELL, CLERK TO THE.BOARD - .March l"""2,.2001 5:30 p.m . MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION PLEDGE OF AL LEGIANC E APPROVAL OF CONSENT AGENDA . ESTIMATED ~ ITEMS OF BUSINESS PAGE TIlVIES NO: :45 p.tn.. 1. Closed Session -Pursuant to G.S: 143-318.11(4) ~ _ ~l . 6:00 p.m. ~7-' 2. Consideration of Resolution of Support for the Convention Center 3 ~Lb Development Team Funding Proposal 6:10 p.m. 3. Adoption of Proclamation Declaring March, .2001 as Red Cross Month in New. 7 Hanover County `" ,~' 6:15 p.m. 4: Consideration of Approval forNew Position of Public Safety Commiu~ications 1 I Director 6:20 p.m. 5. Consideration of Approval of Contract X01-0206 Jail Foundation Piling - 17 . Package Public Hearings: 6:3Op:m: ~ 6.1. ~ Item 1: SpecialU~se Permit (continued from November 13)~Request by UNC- ? 1 W to modify a Special Use Perin it for a Marine Research and Educational , Facility located in the 5000 block of Masonboro Loop Road. (S-329, 03/91, .04/00) 7:00 p.m. 6.2 Item 2: Rezoning -Request by Wayne Carswell to rezone 4.0 acres of 31 property located in the 5800 block of Carolina Beach Road from R-15 ~ Residential to B-2 Highway Business. (Z-720, 12100) ~. 7:10 p.m, 6.3 Item 3: Text Amendment -Request by Terry Turner et al to amend Section 41-. 3 ti 1(7)(11) of the Subdivision Ordinance pertaining, to road construction , improvements to street stirbs.(A-306, 02/01) - 7:20 p.m. 6.4 Item 4: Text Amendment -Request by Planning staff to amend the Zoning ' 39 .Ordinance Table of Permitted Uses by designating Circuses, Carnivals, Fairs, 3 Concerts & Side Shows (to no more than 30 days duration per year) as permitted ,~.~ ~ use in the~AI, Airport Industrial Zoning District. (A-30.7, 03/01) - ~ 7:30 p.m. x },, I 7. Public Hearing - 2001 North Carolina. (NC) Small: Cities Community 41 }\~" ~ Development Block Grant (CDBG) Program-Scattered Site Housing Category _ Program (SSHP) 7:40 p.m. 8. i Consideration of Approval of New Hanover CoLmty.Code Changes 45 - ... ESTIMATED ' ITEMS OF BUSINESS PAGE TIMES ~~~~~7:50 p.m. 9. ~ ~ ~Consideration.of Conveyance of'Beach Access Formerly in the Unincorporated NO. 63 County to the Town of Carolina Beach. 8:10 p.m. 10; .Consideration of Approval of Construction of Wetland, in Airlie Gardens by 67 Developer of Airlie Forest ~ ~ ' .8:25 p.m. 11. Consideration of Review of Status of and Review of Permitting Conditions for, 71 Mason Inlet Project 8:45 p.m. 12. Consideration of Award of Contract #01-0280 Dredge Work for Mason Inlet 89 Relocation Project 9:05 p.m. 13 Meeting of the Water and Sewer District 95 9:10 p.m. 14. Non-Agenda Items (limit three minutes) Additional Items- County Commissioners, County Attorney, County Manager 9:30 p.m. Adjourn ~: .~`:, ~~,~ . *Note: The time listed f or each agenda item is estimated, and in the event that a preceding item takes less time, the Board will move to the next item.' ' ~' 4. ' ~~~~ - ~ i MEETING OF THE WATER AND SEWER ..DISTRICT CONSENT_AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS MARCH 12, 2001 ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 101 2. Adoption of Resolution Requesting Governor Easley to Remit Obligated Funds to 103 Cities and Counties 3. Approval of Unified Domestic Violence Unit Grant Application to Governor's 107 Crime Commission 4. Approval of Request to Apply for amini-grant from NC Division of Emergency 12 I Management for EOC improvements. 5. Approval of Request to Apply for FEMA and State Emergency Management Grant 123 . Funds to Support Domestic Terrorism Planning, Training, Exercising and Equipment 6. Approval of Request to Apply for a Mini Grant from NC Division of Emergency 125 Management for Hazardous Materials Planning 7. Approval of Veterans Park Change Order to Contract #00-0297 Maintenance 127 Facility/irrigation System 8. Approval to Accept Possession and Control of Abandon Delgado Cemetery 129 9. Adoption of Resolution from Bank of America and Approval of Signature Card i 33 Adding Names of Individuals Authorized to Complete Financial "transactions for the Sheriff's Department Civil Bank Account 10. Adoption of SR-2 Resolution Requesting NCDOT to Add Roads in Huntington 137 Forest Subdivision to the State Highway System 11. Approval of Request for Funding for Development of Criminal Justice Software and 139 approval of Budget amendment #2001-28 12. Appointment to the Region O Area Agency on Aging Advisory Council and the 141 New Hanover County Home and Community Care Blocl< Grant Advisory ' Committee 13. Approval of Criminal Justice Partnership Program Continuation Grant 145 14. Approval of Budget Amendment 301-0148 147 15. Approval of FY00-O1 Approval of personnel policy Amendment - Article I Sec 2(3) 149 EEOC Grant and Approval of Associated Budget Amendment #01-0146 16. Approval for Disposal through exchange of a 1992 Chevrolet Caprice Law 151 Enforcement Package Car with a 1994 Ford F350 Type 1 Ambulance. Etchange of Vehicles Between County and the New Hanover Regional Medical Center and Approval of Associated Budget Amendment #0l -0147 17. Approval of Personnel Policy Amendment -Article I, Sec 2(e) I S i 18. Approval of Removal of Old Jury Cards from 1995-1996 157 . .. _ 1 .. NEW HANOVER COUNTY BOARD OF COMMISSI®NERS . REQUE$T:FOR BOARD ACTIOiV Meeting Date: 03/12/01 Regular Item #: 1 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Con#act: Wanda M: Copley, County Attorney SUBJECT: , Closed Session Pursuant to G.S. 143-318.11(4) . BRIEF SUMMARY: The Board is permitted to hold a closed session to discuss matters relating to :the location or.' expansion of industries or businesses in the area served by the public body. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold Closed Session. FUNDING SOURCE:. n/a. ATTACHMENTS: . none REVLEWED BY: LEGAL: Approve FLNANC~E: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S C MMENTS AND RECOMMENDATIONS: Hold closed session. `~-~ - COMMISSIONERS' ACTIONS/COMMENTS: ' _ .: f'~1f.INTIF COMMISSI~NEf~~ . . APPROVED CJ . REJECTED D -. - REMOVED ~ POSTPONED !~ ~f~~EARD c ~3 i Z I 0 I ~-rrJ i,r >I j 1 .. +~3 ~C tll~f~ ~ nn +.q , t'9 ~~nt r~ rw .. _, . ' ~ ~:~ i~} ~-~,,.,.,,_~ 1 ,. ,~: .- i 2 . ~ < NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~ ~ ' • - REQUEST FOR BOARD. ACTION - - Meeting Date.: 03/12/01 Regular Item-#: 2 Estimated Time: Page Number:. ' Department: County Manager Presenter: Vinton Fountain, ill Chaiman Convention Center Dev. • Team . .. • ~ Contact: Ail'en O'Neal _ . ' ~' SUBJECT: . Approval of Resolution Urging Priority Support for the Convention Center " Development Team Funding Proposa9 • . BRIEF SUMMARY: The Convenfaion~Center Development Team will make a presentation regarding the status of the project. You will most Likely be asi<ed to approve a resolution of support. A suggested resolution is attached. _ " RECOMMENDED MOTION AND REQUESTED ACTIONS: . FUNDING SOURCE: - • • ,,.. •, ATTACHMENTS: . ~. _ a' ~ , r convresolutio ITEM DOES,NOT REQUIRE REVIEW ~ - COUNTY MANAGER'S COMMENTS. AND RECOMMENDATIONS: • Hear presentation and consider.resolution~. ~,..! .COMMISSIONERS' ACTIONS/COMMENTS:. • .. ~ ~ r ~?UNTI' COMMISSION~g~' , APPROVED E2EJECTED p ~ } REMOVED ~ ~ r • POSTPONED ~-~-I-c~3~ FIEARI~ ~• ~ ;' Convention Center Development 'I"eam To: Ted Davis, Chairman New Hanover County Commissioners From: Winton E. Fountain, III, Chairman ' Convention Center Development Team Copy: Allen. O'Neal, County Manager Steve Bridges, City of Wilmington, Purchasirig~Agent ~ . . Date: February 22, 2001 Re: Resolution for Convention Center The purpose of this memo is to request your assistance in scheduling an opportunity to meet before the New Hanover County Commissioners at the meeting scheduled for March 12, 2001, to present the attached Resolution. As you know, the City of Wilmington has passed this Resolution supporting the project and the Convention Center Development Team's proposed funding method and has requested support from the County Commissioners. A copy of the survey that was completed by UNCW, as well as the survey results from the Chamber of Commerce have been previously delivered to all County Commissioners. As you have probably heard, the support from the citizens of New Hanover County is very significant as detailed in the survey. I would welcome the opportunity to sit down in advance with you, other commissioners and the County Manager, or anyone else that you would like to attend, to review this project. As you know, we are working very hard to secure broad based support from the leadership in New Hanover County. The Convention Center Development Team stands ready to meet with you-and other members of the County Commission individually, in small groups or as a body. Please contact my office at 256-8882 to schedule a meeting. Thank you, in advance, for your support of this very important project. VEF:Iob Attach ment: Resol ution `` ~~~~ r'i*~~ ~~~~~J SUGGESTED .. OF THE ' ~.. •'NEW HANOVER COUNTY BOARD OF COMMISSIONERS Urging Priority` Support For The Convention Center Development Team Funding Proposal WHEREAS, numerous attempts have beenmade to build a Convention Center in the Wilmingtonarea'over the past 30 years; and . WHEREAS, conclusive research andanalysis has shown thatthe construction of a Convention Center in our community -will draw regional arid national convention groups; and ' WHEREAS, a Convention Center will help fill the slower tourism Shoulder Season for the entire county; and ' ` WHEREAS; regional competitors in the convention and tourism industry are expanding and enhancing their convention . . .capabilities and New Hanover County convention and. meeting business is being eroded to these expanded facilities; and WHEREAS, there will be significant and diverse economic benefits resulting from the Convention Centerincluding he creation of approximately 1200 new jobs and an economic benefit to the region in the amount of almost $60 million; and NOW, THEREFORE BE IT' RESOLVED That The New Hanover County Commissioners do hereby support increasing the Hotel Occupancy Tax by 3% and establishing a 1 % prepared food tax to enable construction and operation of a Convention Center in Downtown Wilmington. , BE IT FURTHER RESOLVED That The New Hanover County Commissioners do herebysupport the recommendation ofthe Convention Center Development Team to return to the beach communities $.02 ofthe $.03,based onpoint-of-sale,. _ generated'by the Hotel Occupancy Tax for their use in tourism related projects and' activities. BE IT FURTFIER RESOLVED That The New Hanover County Commissioners do hereby encourage the Wilmington City Council, the'Town of Wrightsville Beach, the Town of Carolina Beach and the Town of Kure Beach to support,the proposed funding method to enable the construction and operation of a Convention Center in downtown Wilmington. BE IT FURTHER RESOLVED That The New Hanover County Commissioners will work with the Convention Center Development Team, the Legislative delegation, and the elected boards of the four other municipalities to develop ' alternative funding methods if necessary. ' Adopted this the 12"' Day of March, 2001 ' ,Ted Davis, Jr., Chairman Clerk of the Board` of Commissioners ~ . ~~ {This page intentionally left blank} . ~. 6 ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTBON Meeting Date: 03/12/01: .~ Regular Item #:.3 Estimated Time: Page Number: Department: County Manager Presenter: .-Contact: Alien O'Neal . SUBJECT:.. •Adoption of Proclamation- Declaring March, 2001 as Red Cross~Month in fVew Hanover County . BRIEF SUMMARY:. The American .Red Cross Cape Fear Chapter has served the community for 92 years through times , of need and provides education to prevent and prepare for and respond to emergencies to heap safe lives. -The Red Cross serves to provide safe and adequate blood supplies for this and other' North Carolina communities.. In 1943, President Franklin D.' Roosevelt first-.proclaimed March, as ., Red Cross Month.. RECOMMENDED MOTION AND REQUESTED ACTIONS: - e Adopt Proclamation. ~ • FUNDING SOURCE: - ATTACHMENTS: ~y:y.`. redcrossresolut • ITEM DOES NOT REQUIRE REVIEW .. COUNTY MANAGER'S COMMENTS.AND RECOMMENDATIONS: - -. Adopt .proclamation. ~- , . COMM15SlONERS' ACTIONS/COMMENTS: PROCLAMATION of the NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the American Red ,Cross Cape, Fear .Chapter builds on a tradition of 92 years of faithful service to the Cape Fear area by vividly demonstrating its relevance during times of need, whether for an entire community or one family in a community, and by providing education to prevent, prepare for and respond to emergencies to help save lives; and WHEREAS;. President Franklin D_ Roosevelt first proclaimed March as Red Cross month in 1943, and chapters across the country have traditionally used this time to remind people of the great good that is being done by the 1.3 million volunteers and 4.5 million blood donors associated with the American Red Cross, who aid in responding to 70,000 disaster incidents a year, helping 106,000 families, and who help provide a safe and adequate blood supply; and WHEREAS, the Red Cross is the nation's premier humanitarian organization that assists millions of people on a daily basis in more than 3,000 hospitals and 145 military installations around the globe and also provides 12 million people instructions in lifesaving techniques, ranging from first aid and CPR to water safety and safe boat handling; NOW, THEREFORE BE IT RESOLVED That the New Hanover county Board of commissioners proclaims the month of March 200®1 as AMERICAN RED CROSS MONTH in New Hanover county and urges our citizens to demonstrate support for the Cape~Fear Chapter. and to become actively involved in furthering the humanitarian mission of our American Red Cross. Adopted this the 12`" day of March 2001 {SEAL} Ted Davis, Jr., Chairman Lucie~•F. Harrel~l;l~Clerk to the Board ~~~~~ '" y ( ~~" ~~ ,y+ ~„ r..~-_ . _ r ... ~ ~' ' ~ ..,~~ Feb- 27 O1 02: 09pCape Fear Chap"ter 910-343-5850 p, 1 Ar~e~6can 98~d C~o~s 1102 SOUTH 16TH STREET, WILMINGTON, NC 28401 (910) 762-2683 / (910) 343-5850FAX - - - WINDLEYJ@USA.REOC_ROSS.ORG FACSIMILE TRANSMITTAL SHEET :. TO. - FROM: ,.Allen O'Neal Jennifer Windiey COMPANY: DATE: New Hanover Co. Ofifices 02/27/01 . FAX' NUMBER: TOTAL NO. OF PAGES INCLUDING COVER: 910-341-4027 ~. ~ Z . ^ URGENT ^ FOR REVIEW X PLEASE COMMENT ^ PLEASE REPLY ^ PLEASE. RECYCLE - NOTES/COMMENTS: Mr. O'Neal, - The Cape Fear Chapter of-the American Red Cross requests to be added to the New . Hanover County Commissioners' meeting agenda in oMer for the commissioners to proclaim March as .American.. Red Cross Month in New Hanover County. I will fax a news release 'concerning the tradition of Red Cross Month to., you later on during the week if your - commissioners an interested in further information. Also, if possible we would like to have our Executive Director Dean Dimke or a member of our board of directors from New Hanover County to come accept this proclamation on behalf of the Red Cross, Will the meeting on March 12 be open for this or should I schedule a more convenient time? Please fee! free to call me at (910) 762-2683 ext. 359 should you need any - more information. '~ Thanks again fior your help. .~-~ y ~~ . nnifer indley {This page intenti®nally left blank} NEW HANOVER COUNTY BOAR® OF COMMISSIONERS ,. REQUEST FOR BOARD ACTION Meeting Date: 03!12101 Regular Item #: 4 Estimated Time:..- Page Number: . Department: County Manager Presenter: Andy Atkinson Contact: Andy Atkinson .~, SUBJECT: ~~ New Position -Public Safety Communications Director BRIEF SUMMARY: The 91.1 User Committee has reviewed and approved the attached classification specification for -,the proposed new County department head position, Public Safety Communications Director, to manage the -proposed ~ stand-alone department, Public Safety .Communications . Center .. (approximately. 60 personnel). The existing 91,1 operation will be organizationally removed from .the Sheriff's department. An advisory board of~user groups will be established. The recommended - pay grade is MG08, $64,480 - $98,925, based on internal comparisons with comparable department head pay grade assignments. We are ready to recrui to fill this position. RECOMMENDED MOT.ION AND REQUESTED ACTIONS: .. Approve the addition of a new classification, Public Safety Communications Director, at pay grade MG08. • FUNDING SOURCE: ATTACHMENTS: ,. REVIEWED. BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: Approve COUNTY MANAGER°S COMMENTS AND RECOMMENDATIONS: Recommend approval. The user group members are the Sheriff's, Department, the City of Wilmington Police; City of Wilmington Fire, Emergency medical Services, New Hanover County fire, and the County Manager's designee (Deputy County Manager). There may be others added . as-the need arises: /~ 1 ~ y f COMMISSIONERS' ACTIONS/COMMENTS: - ~UI~lTY CoMM~`~~~~~ APPROVED ~°~'~ ( REJECTED C~ REMOVED L7 ~ ~. POSTPONED ~ P F#EAR~J ~;.5 xr` .3 I Z ~ bi ~~w xANOV~~ C®~~~r~, ~c CLASS SPECIFICA'I'I0~1 CLASS TITLE: Public Safety Communications Director BAND GRADE SUBGRADE CLASS CODE: DEPARTMENT: ACCOUNTABLE TO: FLSA STATUS: Public Safety Assistant County Manager Exempt Communications CLASS SUMMARY: Serving as civilian manager of the County's Public Safety Communications Center, the incumbent is responsible for managing the staff, services and equipment of the Center, which operates on a 24-hour, 7-days-a-week continuous operation basis: Performs ' managerial and administrative duties associated with personnel administration; policy and procedure development, budget management, technology assessment and procurement, use and maintenance of equipment, and assessment of operation effectiveness and need for . change. Reports to an Assistant County Manager but collaborates with acid is resporiSive to a policy board which establishes broad operational policies and procedures. DISTINGUISHING CHARACTERISTICS: The Public Safety Communications Director is a stand-alone classification which is distinguished from other department directors by its responsibility for managing the County's public safety communications system and service. DUTY NO. TYPICAL CLASS ESSENTIAL DUTIES: (These duties are a representative sample; position assignments may vary.) FRE- QUENCY BAND/ GRADE ' 1. Plans and directs all of the programs, services and use of resources for the Center. Develops the Center's goals and objectives, and formulates/implements communications rules, standards, policies and procedures consistent with the County's mission statement and the policy board's specifications; identifies Center needs for equipment, funding and/or staff. >~ ~ d,'-i' i~'OC~ 4~~~i~~a'} ~~~'~~ ~~ ~7:~~41~/i~~ • ': t 6'.~ t .. a i . . :i ~~ 2. ; Supervises staff through an established chain of command :which includes setting staff goals and objectives, assigning ~ . ' -work to ensure Center is always adequately staffed, conducting performance evaluations, ensuring staff are ~~trained~ and making hiring and disciplinary decisions. 3. Develops and maintains effective working and administrative , relationships with the policy -board and the various fire services departments, emergency medical service groups, ,law enforcement agencies and professional organizations dedicated to public safety communications the Center serves. Attends meetings of relevant agencies and organizations, confers with acid counsels various emergency response ~. agencies and other County and City d'epartinents regarding co~nmuriications matters and the coordination of services, _ promotes community awareness for effective.use of emergency communications services. Participates iu various ~ _ ~. emergency plannin efforts. 4. Prepares: and administers-the Center's budget. iVlanabes the . ' Center's communications equipment inventory and procurement. NEW IRAN®VER C®IJNTY,I~1C CLASS SP-ECIFICATION CLASS TITLE: Public Safety Communications Director 14. -DUTY NO. TYPICAL CLASS ESSENTIAL DUTIES: (These duties are a representative sample; position assignments inay vary.) FRE-. QUENCY BAND/ 'GRADE 5. Consults with communications specialists to maximizeuse ~~ alid effectiveness of systems. Coordinates and participates iri the design, installation, maintenance and repair of equipment, software applications and databases. 6. Monitors operatio~~s through auditing Dive transmissions, master communications audio recordings `and activity reports, determining appropriate quality assurance action.~~Coritrols access to such. files and supervises the transcription of tapes. ' 7. Prepares regular and special reports of operations. 8. [nvestigates and. resolves complaints. 9.. Performs other dirties of a similar nature or level May be As required to testify in court hearing. Required l0. Performs work during emergency/disaster situations. As Required -, ~J ^, • NEB HAl~OVER COIJIOTTY, l~TC~ . CLASS. SPECIFICA~I®ht CLASS TITLE: Public Safety Comrnunicatiord Director POSITION SPECIFIC RESPONSIBILITIES MIGIIT INCLUDE:' Not applicable • Knowledge (position requirements at entry): .Extensive and/or working knowledge of: • ~ Public safety fiuietionsand~concerns and of the public 'safety radio environment and its demands and requirements; • Practices, procedures, standards and regulations regarding public safety communications, coordination at the local. government level; ~~ • Rulea and regulations of-the Federal Communications Commission applicable to public safety; • -~"~ Operation of a wide variety of communications egaipinent, software applications and databases, including CAD, GIS and ; . •Ethical g~uideli~nes applicable to the position as. outlined by professional organizations and/or .federal, state or local laws, rules and regulations; • Operation, licensing and maintenance of a two-way radio communications system; • Principles of supervision, organization and administration, including budget management; • ~Current~literature,~trends and developments in the field of plrblic safety connnunications planning and management. - Skills.-(position requirements at entry): . Skill in: ~ ~ - ~ ~~ • Visionary and strategic planning; .. ~ Public speaking and oral presentation;. ~ - • Leadership and ~teain-building, • Establishing and' maintaining effective working relationships with agency heads, other City and County. agencies- and employees, representatives of public safety agencies and .. ~ , 'professional organizations; ~` ~ ~~• , Analyzing conditions, developing plans and using resources to meet organizational needs; Analyzing data and. trends and preparing accurate, clear anal precise reports; . ~ Exercising sound judgment and remaining calm under the stress of emergency situations:. 15 4_ l~~ d`Y lY~lr®~~i~ C®~Jlr~ 1 y l~IC CA~ASS Si ~1~1~iC~T1~1\ CLASS TITLE: Public Safety Communications Director '~ 6 Training and Experience (positions in this class typically require): Bachelor's degree in business, public administration or a related emergency services field and three (3) years of managerial work experience in, a public safety communications environment at east at the Level of the County's center in terms of scope and sophistication (or complexity, if you do~~~'t like the word, "sophistication") ,including two (2) years of~supervisory experience;or an equivalent combination of education and experience sufficient to successfully perform the essential duties of the job such as those listed above. Licensing/Certification Requirements (positions in this class typically require): a Valid NC driver's license within 30 days of employment o NC State Bureau of Investigation DCI Terminal Operator, NC Telecommunicator Certification and Emergency Medical Dispatch. Certification within one (1) year of. employment _ . Physical Requirements/Working Conditions: Positions in this class typically occasionally require: climbing, balancing, stooping, kneeling;, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling; talking, hearing; seeing (including-distinguishing colors) and repetitive motions Medium Work: Exerting tip to 50 pounds of force occasionally, and/or up to 20 pounds of force frequently, and/or up to 10 pounds of force constantly to move objects. Incumbent must be physically able to perform essential duties of a telecommunicator. Occasionally, incumbent may be subjected to long periods of restricted work space. NOTE: The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department.. Classification ~-Iistory: ' ` Revised draft prepared by Catherine C. Morgan, Senior Human Resources Analyst Date: 02/01. `) °1 5 IVEUY HAtV01/ER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ` Meeting Date: 03/12/01 Regular`ltem #: 5 Estimated Time: Page Number: Department: Engineering Presenter: Greg Thompson Contact: Greg Thompson . SUBJECT: Consideration of Approval of Contract #01-0206 Jail Foundation Piling Package BRfEF SUMMARY: On -February 20, 2001, New Hanover County received bids for the foundation piling package for the New Hanover County Jail and Sheriff's Administration Facility. The responsive low bid contractor for this phase of construction was'~Waterfront Marine Construction, Inc. with a bid amount of $451,883. This amount is over the estimated budget for this work. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Project Expediter, Miller Building, and the Architect, Freeman White both recommend award of this package at $451,883. An associated budget amendment of $497,000 (.$451,883 plus approximately 10 percent contingency) will be required. FUNDING SOURCE:. , COPS Proceeds . ATTACHMENTS: ~ . Certified Bid Tabulation Letters from Miller Building/Freeman. White. .~ - °~,~ . ba01-30. REVIEWED BY: .LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: . ` ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ;Recommend approval; COMMISSIONERS' ACTIONS/COMMENTS: COURRY COMMI~ION~~ .APPROVED E"~--- REJECTED C.~ REMOVED t~ ;~ ~', POSTPONED ~ `` ~EARi3 ,K ~~ ~~w !d9• ? ~'d ' ~ r' '`.V ~ ,. 1 _ ucJrt:.t~~rNC coat>ot.r~rtc~ NEW IIANOVER COUNTY JAIL AND ADMINISTRATION FACILITY MEMORANDUM DATE: February 22, 2001 - TO: Greg Thompson New Hanover County Engineering 414 Chestnut Street Wilmington, NC 28401 ; . ~ ~ ' FROM: 'Pat McCracken SUBJECT: Piling Foundation Package We recommend that the county accept the low bid from Waterfront Marine Construction for the piling foundation package pending the evaluation of M/WBE participation of all the bidders. ~~s~~:~ r ~~ ~~~~;~~~ . i~ ~"~~ ~t:. ~..: .. y. ~ .,e.~ ~ ., ~,t~ ' ... t+ t r r~, ~, N O a a ~ ~ *k ~ N ~ ~ ~ ~ p ~ ¢" w O ~ ~ ON O ~ ~C ~' s~ . '-ri ro ro ~ G~ o ~' a R 5~ ~, p ao r, ~ . y ,.~ o a ~ :~ o :; . t,y. ~ ~ a ~ ~ ~ ~ ~ 9 r* n . . . o .~ 3 ~ ~ O ~ Y ~ a l'~ T ~ ~ ~. .,F i ~ O ~ ~. ~t . . ,. r . O fH b9 64 ffl ~ ~Sy ~ - ~ . ~ b ui .A .P .P _ ~ O ~p vi , ~ n 01 ~ lJ ~ f-+ ' '-' f0 . C.Ji \p 00 C O v, w O C1. ' ~ ~ y r~ ~ ~ ~; z z . d ~, c ~., ~ n ~ ~ a a N Z ~ ~ Z Z y °' ~ N ~ u, O O C. ~, r~+ o ~ '~ w ~ ~ ~ ~ p O o trJ ~ tx7 ~ C17 ~ ~ O O ~ ~ ~ ,C h ~ ~ r* ^~ !!yy r'~ ~ ~• ~ ~ r`1• ~ . N U~. ~. ~ O '~ N p r OZ O Z Q- ~ •-~ O y G ~ ~ r-r. ~ N n ~ r"' O O O .~.~ ' ~ ~ ~ n fo ~ C "CS ~ ~ ~ ~ ~A ~ O ~ ~ . ry ,.~ Feb-28-01 11c07A fwi P_02 i . ~ ~ ` d4 u ' ~ [," ~ ~ Li J R. FieemanWhite a ~ ~ ~~ ~ ~ v c ~; a ~, ~ ~, ~,, liQQl rlrruwriti~r. i3h-~l. (~harL>Yte. Nt] 2R27s-56fi~i 7114.5'w 3 . `L'L :i 0' l~cbruary 3$, 2{){)l - F'a.x '/(I{.SL'i.423i~ . www.freicuium~~ltitc,cnur , Mr. Gt'egory K. Thompson, !'~ . Chiel- Prnject Lnginccr .. New Hanover C'ounly 411 Chestnut Street Wilmington, NC 2R4Q1 v Ire: New t~antrver (;nutaty Jai! and Shcrifl''s AdrninistgAtiun Nacilit3~ Architect Recummendsttion for Piling Foundation Pac]tfigc I7ertr Careg, FreemattWltitc., Inc. has called the Surety Cantpmy and Attpt'ncy ul~ Fact fol' nll four bidders and has confirmed lhcir bid bundx. We rcwrnrncnd the C.oun(y accept the low bidder for this package, Waterliunl Marine C'anslructinn, henJing the County's cvaluxlion of MIiIs/WBE participation 1-ur all fair bidders. While the low hie! price fur this packagz excccdn the butlgel.rangc cstahlis}tal in ]a.nuary by rtpproximately $34,UUQ we , I'ccl the gznzrul vunditions far this package were trot ttdcyuatcly included in the. estimates 1'ttrnished the County by Millen' Building Cotpnt:~tion or PrccmariWhite."I'hcse cosh were included in the overall estimate for the. prn}ect, however- These y;cneral conditions include mohili~.atiotildemohilizarioit, survey work and support i~>r equipment can cite. ' C:anscqucntly, we reromrttcnd revising the. County's budget for this bid, pack,ige to mccl the low bid plus contingt;ncy, but racottttnend lowering the Cguhty's budget for thr. plain hid pack;~gd by are egttivalcnt amount Please Ict me know il' you have any yucstions. Sincerc:Iy, ~ , ~_~T-•.'-d ~~ Charles V. Teed, Jr., AIA Project Manager Cc. Ed Slmoncr, Brian Shirley, Kay Rosales., S26U1OO (.iaj, I~cccrnanWhite, TtlC, F'at McCractcen, T',etc Buskirk Mil[er:l3uilding C'rit'poralion ~ - NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION, Meeting Date: 03!12/01 Regular Item #: 6.1 Estimated Time: Page Number: Department: Planning Presenter: Baird Stewart . .Contact: Sam Burgess -SUBJECT.: ` S-329, Special Use Permit (Revised); Applicant University of North Carolina at Wilmington BRFEF SUMMARY: - Thus item was tabled by the Board on May 8, 2000 so adjoining. residents and petitioner could meet to discuss ways to mitigate the noise levels emitted by the heating and cooling units atop the research facility. The County Commissioners approved the special use modifications provided that additional screening be installed,to reduce noise created by the HVAC unit and appropriate screening along the university property boundaries be installed to protect adjacent landowners. Other terms and conditions of the original special use permit in 1991 will' remain. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board wanted to meet again on this issue on March 12, 2001 to ensure that the imposed noise controls had been adequately installed to the satisfaction of adjoining property owners. ~~ FUNDING SOURCE: ~ . n/a ATTACHMENTS: 16 -TEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDAT{ONS: ,4p~--wc mac~~i'ca,~~ ~sPec%a.Q ~c;,Lt. perr,~,~ COMMfSSIONERS' ACTIONS/COMMENTS: `` ~ ~~QUI~Y C.OMMi~ ~' „ .. ~ ,-' APPROVED ~.,"~~ . ,~ . ~ REJECTED ~STPONED ® . 2u.K, i {{,,..--rrte s~~ - 8a.,,-,. ~~~ ~~ ~ ~ ~ (n~on;+~) Q ~,a.rty Lc~ deN'ba! .rta.~ml,ri~3 fo bc. , ~ , GcJ~~~d/S i oY+ ~lca-~"u~f/G~J 5wbm~ff~d ~o ~'vww-t~~. C~fir~c~.e, ~~s ~/»~m~~'%-r~P.~``~o r~sot~e 1'1G ~''St~.~ppro b 1Pw~ ~' no evf(.t./'G~flie~h~o~.._ r .. ~ /~f~Lr da~-e quo l~ :~ ~N~~~re~ui.~txe~ SPECIAL USE PERMIT 5-329, 03/91, 04/00 (Revised); Applicant: Univ. North Carolina at Wilmington " Type Use: Marine Research & Educational Facility Location: 5000 Block Masonboro Loop Road, East Side . County Commissioner Recommendation-(November 13,"2001 Mtg) 'The Board approved the special'use modifications provided~:that additional screening be installed. to reduce noise created by the HVAC unit and appropriate screening along the university property boundaries be installed to protect adjacent landowners. ®.ther terms. and conditions of the original special use permit in 1991 tivill remain: The Board wanted to meet again on this issue March 12, 2001 fo ensure that the imposed noise c®ntrols had been adequatel}~ installed Ito ~the~satisfaction of adjoining property owners: County Commissioner Recommendation (May 8, 2000 Meeting) 'T'his item v~•as "tabled" by tl~e Board so adjoining residents and petitioner could" meet to discuss dvays to mitigate the noise levels emitted by the heating and cooling units atop the research facility. Planning Board Recommendation (April 6, 2000 Meeting) ." Ina 4-0 vote, the Planning Board recommended approval of the petitioner's revised "special use application and site plan design. The Planning Board also recommended.that every '. effort be made to mitigate the noise pollution to adjoining residential property and adhere to the.County's Noise Regulations. Several residents who live nearby voiced concern about the noise coming from the heating/cooling system and suggested that the revised application not be approved until the issue has been resolved. Marine ~R.ryye~~s((``,,/e;;ar~~ch Facility I-Iistory . The Univers"~ty o~f.Nortl~jCarolina at Wilmington received a special use permit for a Marine Research arid~ Edicafi~rial: Facility by the Board of County Commissioners in April, 1991. At that time, the site"tplari consisted of 18,125 cumlative square feet of constriction. Specifically, a three winged~buildin~g (7,5'0"0•sduare feet), an ocean support building (5,625 square feet), a shellfish 2-2 sanitation building (2;500' square feet), and meteorolo~.;y building (2,500 square feet). A copy of 4~ w w . 1r ' t r 5 n ~ • i ~ ~, '._ ~ i M .. . ~ ~ "b h tk, ' 5-329,,04/00 (cont'd) ~ 2. . the original' special use permit is attached. ,Construction on the project is almost complete. During constriction of the facility, significant modifications were. made prompting a revision to the original special use permit issued. Modifications from the original plan include the following. Original Permit Revised Permit Total Sq. Ft. Structures 18,125 82,880 Parking General Area Specified 121 Spaces Displayed Site Plan Buffering/Setbacks O&I .Setbacks Applied 50' Natural Buffer Along Prop. Lines Preliminary StafffFindings {Updated IVlarch, 2000) - ~ 1. Thy Board must. find that the use will not materially endanger the publics health or safety . if located `vhere proposed and developed according to the plan as submitted and approd~ed. _. A. Sewer service_is provided by New Hanover County. Water service isprovided by the City of Wilmington. ' B. The project has direct access from Masonboro Loop Road. 1Vlasonboro Loop Road is a ' ' NCDOT State Maintained Road. ' C. The project will be served by the Myrtle Grove VFD. ' D: Minimal site clearing has been completed. Of the 52 acres~that exist on site, more than 40 acres will remain undisturbed. . E. A 50 foot buffer of natural vegetation will exist along the property limes. . ' F. The eastern portion of the site lies within the 100 year flood zone. The buildings are not ' located within this area. . ,, . 2. The Board must find that the. use meets all required conditions and specificati~ins of the - Zoning Ordinance. • A. The Marine Research and Educational Facility will be operated by the University of North. Carolina at Wilmington's Center for Marine Science. Colleges, Universities, and related uses , are perrrmitted~ by special. use in the R-1 ~ Residential Zoning District: B. Approximately 82;880 cumulative square feet of building floor area has been constructed. The project consists of a three winged main building of one and two stories in height containing a research area. (74,200 square feet of habitable space & 7,000 square feet for 2 5-329 (cont'd) 3. mechanical penthouse ), a proposed University Police Gatehouse (480 square feet), and an Estuarine Research Station (1,200 square feet). , C. Parking will be provided in accordance with Section 81 of the County's Zoning Regulations. D: All setbacks and bltffer yard requirements will be iri accordance with Section 69..11, of the County's Zoning Regulations for O&I uses... E. A pier and dock facility are already located~on the site in accordance,with.County regulations. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Land adjacent and north of the facility is vacant. The property is now or formally owned by the North Carolina Luthern Retirement Center. Land adjacent and south of the site contains a few residential homes at low density. B. Significant development is located west of the project area. 4. The Board must. find that the location and character of the use if developed according to the. plan as submitted and approved will be in' harmony with the area in which it is to be located and in general conformity tivith the plan of development of Netiv Hanover County. A. As stated, the project will consist of 82,880 square feet. B. Areas adjacent to the Intracoastal Waterway will be left undisturbed. C. The; 1999 New Hariover.Land Classification Plan identifies this area as Resource Protection. This classification provides for the preservation and protection of important natural,. historic, scenic, wildlife, and recreational resources.. Compatible commercial and industrial development may be located within this class as long as important resources are not adversely impacted. Staff Comments -Ali other previous conditions from the 1991 special use approval will remain. - ®n-site signage will be limited to one ground sign not to exceed sit feet i~a height and 32 square feet in aa•ea. 24 02/27/2001 89:18 910-962-4014 UNCW CONSTRUCTION PAGE 01/01 • ~Y c . ~ UNtvERSITY OF NORTH CAROLINA AT WILMINGTON CONSTRUCTION SERVICES ' -a ~ ~ FAX TRANSMITTAL SHEET Drl~~: FROM: 2/27/0 l Todd Manning • ~O: , P~iONE NUMBER: Sam Burgess, Staff Planner 962.7560, 512.0736 (M) COMP,~uYy: I~ax;vUMBER:. New T:-Ianover County' 962.4014 FAX NUMBER: R~: 341.4556 ~ CMS - Louvex Installation,. Pk~ONE NUMBEIt_ NUh1BEFt OF PAGES (~NCLUDTtvG COVER SHEE"~: 341.7165 ~ 1 No~'~s~coMME:rrs: ... • .~ - lV1r: Burgess, - I'er our conversation on Z; 26101, the installation of the screenizz?lacoustic louvers at the Center for ' ykaziue Science will be completed appzox. 3/3/01. Two panels have been installed to date and a . third panel will be installed this week, A new z~.oise survey vvi.11 be conducted upozt the completion of the irAStallation aztd a final report submitted to the owxaer the week of 3/5/Ol. ' I ~~ill forward art overview. of the final rcpozt to your office upon receipt.. If you have anyquastions, please call. - cc: Vince l~lann.ella -Director Construction Services 601 South College Road. wlmington, N.C. 28403-3297 • . ~ _ - httpa/www.uncwiLedu . 25.. DEXTER L HAVES Planning Director November 15, 2000 1 ~I 1 '9 ~J 1 '1 PLA NNING DEPARTMENT 414 CHES"TN"UT STREET, SUITE 304 WILMINGTON, NORTH CAROLINA 28401-4027 TELEPHONE (910) 341-7165 FAX (910) 341-4556 University North Carolina @ Wilmington Attention: Roman Kolodin _ 6.01 South College Road Wilmington, NC 28403 Re: 5-329 (Marine Research Facility Advisory) Dear Mr. Kolodin: On Monday, November 13, 2000, the Board. of New Hanover County Commissioners approved the above referenced special use modifications providing that additional screening is installed to reduce noise created by the HVAC unit and appropriate screening along the university property boundaries to protect adjacent landowners.All other terms and conditions of the original special use permit issued in early 1991 will also need to be complied with: The Board will meet~again on Monday, March 12, 2001 to ensure that these coiitroTs~have been adequately installed and satisfy Zdjoining property owner concerns. Your office will be contacted approximately 10-14 working days prior to~the March 12th County Commissioner Meeting. Please share this information concerning the date with your university colleagues. Contact me if I can be of further assistance. I can be reached at 341-7165. Most sincerely, ~, ~ :~ ..:> . t.y . ~~ ~.,.:, .::~ S.A. Burgess Staff Planner cc: Clerk to the Board Zoning Enforcement Deputy County Attorney ~,~ °) l ;~ Petition Summa ,Data S-329, 03/9X, 04/00 (Revised) .Marine Research & Education Facility ®tivner/Petitioner: University of North Carolina at Wilmington E:~isting Land Use: Marine Research Facility Zoning Histon~: -Area originally zoned in December, 1969 .Water Type: City of Wilmington Se~~'er T~'pe: Neva Hanover County Recreation Area: Arrowhead Park . Access anal Traffic Volume: 3,500 ADT ('97 count) So. End of Masonboro Loop Rd. Fire District: h~Iyrtle Grove VFD • 'Watershed and `Vater Qualih': ivlasonboro Sound. (SA) ; Aquifer Recharge Area: Lays on perir~.eter of primar5'~recharge aria Consen~ation/Historic/Archaeologic Resources: None Soils: Torhunta (Class III) predominate soil huildir.~ Suitabilit~,~: Margina'. Schools: Myrtle.Gi-ove Middle 27 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1 1 ORDER GRANTING A SPECIAL USE PEP.i~iIT - • Marine Research and Education Facilities • The County•Commissioners .far New Hanover County having held a public hearing 'on April l; 1991 to consider application number 5-329, 3/91 submitted by the University of North Carolina at 4ailmington, a request for a. 'Special Use Pernit ,to use the property located on the east side of P~Iasonboro Loop. Road, and having heard all •the evidence and arguments presented at the hearing, makes the follo~aing FINDINGS OF FACT and draws the following CONCLUSIONS: • 1. The County Commissioners FIND as a FACT that all of the specific requirements set f orth in Section 72 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans, submitted to „the County Commissioners. 2. It is the County Commissioners' CONCLUSION that t'he proposed use does satisfy the•first general requirement listed in the Ordinance; namely :hat the use i•,':i 11 not materially endanger the public health or safety if located t•rhere proposed and developed according to the plain as submitted and approve~~~ Ir support of this conclusion, the Commissioners mike the follo~aina FIrrDYNCS or Ff`.CT: A. Minimal site cle~.ring is proposed and the proportion of paving for dr-ivES„ end of ne~a buildings. to .the overall tract acreage is very low. B. Glater and se~;~er services are likely to be~ provided from off-site sources. Sewer may be supplemented by an. on-site treatment plant if. necessary, C. This site has direct access to Masonboro Loop Road. D. - This site is located ~•7i thi n the Myrtle Grove VFD District. 3. It is the County Commissioners' CO_vCLUSION that the proposed use does .satisfy the second general requirement listed In the Ordinance; namely that the use meets all required COndltiOnS and SpeClflCatlCns. In SL1ppOr,t Of t}71S COTICILIS10n, the Co;rrnissi oners make the follo~•ling FI~vDINGS OF r ~.CT: A. The proposed Marine Research and Education Facili t~;- 5.'ill be operated by -the University of 1`iorth. Caroli na at ~•iilington' s Center for Marine Science Research 2 ~ Colleges, Universities and related uses are permittea~. by Special Use Permit in the R-15 Residential District.' ,. B. Approximately 18, 1.25 cumulative square _ .feet of ~~ construction (buildings) isproposed. This, would ~.• consist of a three-winged main building (7,500 square feet} , an ocean ~ support building (5, 625 square feet) a • - shellfish sanitation building (2,500 square feet} and a meteorology building (2,500 square feet). C. An area of street parking is indicated on the site plan • around the main buildng• (Bldg.- A). The number of spaces is not specified. Noparking areas' are shown • ~ around buildings .C,,D, and E. Vlore detailed parking . and landscaping plans will be, needed. 4. It is the County Commissioners' CONCLUSION- t-hat the • proposed use does satisfy the third general requirement listed in the Ordinance; namely that the. use will`not substantially injure the value of adjoining or abutting property, or that the use is a • public necessity.- In support of this conclusion, .the Commissioners make the following FINDINGS OF FACT:' - 'A. Land bordering on the north is vacant. -This 1_and is otianed by the N.C. Lutheran Retirement Center. Land to . the south is either• vacant or ~ develcpec at a very Iota residential density. Further south ?s a large tract that is used for residential purposes and the ;growth •~~ ~ and sale of~ Christmas trees . ~i. S1Cn1f 1Callt residential development .._s .lOCatect to the taest across T~Iasonboro Loop Road. ~ ` 5. Tt is the `County- Commissioners' CONCLUSION that the: proposed use does satisfv the fourth general reaui~rement listed in the Ordinance; namely that the location ar.a character of the use if developed according to the plan as submitted and approved • . " will' be in harmony faith the area in tahich it is to. be 1,ocated and i n general conformity with the plan of . deveaopment for Neva Hanover County. In support of this conclusion, the Commissioners make the fo1lo~:ring FINDINGS OF FACT: .' A. The proposed development ~~zould consist.,. of 18,000+ y square feet on fifty acres. . B. Tne site plan indicates that significant natural area caould remai r. undi sturbed. - _ ~ G. Therefore,' because the- County Co:~_~~_s~ioners conclude. that all of the general anti specific conditions p7~ecedent to the - . issuance of a SPECIAL USE PEP,i~riTT have been sati stied, .iT IS ORDERED that the application for the _ issuance,•of a SPECIAL USE ® ~ PE:RM.ZT be GP.ANTED; subject 'to the fo.llo~aing conditions "'" A. That. the, applicant shall fully comply ti~ri th all of~e specific requirements stated in the ordinance for the proposed~~ use, ~ as well as ''any additional conditions hereinafter stated. ' B. If, any of the conditions imposed by this special use . - permit shall be held invalid beyond the authority of this~.Board of Commissioners by a court of competent ~. jurisdiction then this permit shall become void and of no effect. C. Other. 1. A11.other Federal.;_State and local laws' applicable. ~ . 2. On-site signage be limited to one ground sign not ' ~ to exceed six feet in height and 32 square feet in ' area. 3. Setbacks mandated for .0-z uses as specified in Section 69-11 be applied. Ordered this 1st day of April, 19.91.. L ' - Fr d ?etchin, C airman Attest: ~~ ~~ - r1 .~ ~.. ~l'~~k to the Hoard 30 C~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS e REQUEST FOR BOARD ACTION- Meeting Date: 03/12/01 ~ ' Regular Item #: 6.2 Estimated Time: Page Number: ' Department: Planning Presenter: Baird Stewart Contact: Sam Burgess . . SUBJECT: Z-720, 12/OO;R-15 Residential to B-2 Highway Business BRIEF SUMMARY: ' The petitioner is requesting a B-2 Highway Business Rezoning. The subject property is located on ,the West Side of Carolina Beach. Road between Sanders Road ahd'Grand Champion Road. This area of-the. county.was originally zoned in Aprit 1971. There is an existing B-Z Highway business ' district on the east side of Carolina Beach Road across from the subject property and south of the subject property. ` RECOMMENDED MOTION AND REQUESTED ACTIONS: The owners of the two parcels in question gave a brief history of their property: Several members of the Bowens Chapel Church. requested that their property be rezoned ;o R-15 Residential and „ stated their oppositon to the petitoners request. The Planning Board recommends approval of the petition and also recommends that the portion of Bowens Chapel Church. property located in the northwest corner of Sanders and Carolina Beach Roads currently zoned B-2 Highway Business be rezoned to R-15 Residential: . . FUNDING. SOURCE: n/a ATTACHMENTS: 3 ITEM DOES NOT REQUIRE REVIEW ' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: • _ _ _.-..~----- -r r ~OVI~TY EoMMt APPROVED REJECTED REMOVED fl ,, pCSTP0I~ED ~ ,~` ~~ CASE: Z-720, 12/00; APPLICANT: Wayne Carswell for Elizabeth Dees & Willard Stone Heirs REQUEST: R-1~ Residential To B-2 Highway Business ACREAGE: 4.0 Acres LOCATION: 5800 and 5806 West Side of Carolina Beach Rd. between Sanders Road and Grand Champion Road. LAND CLASS: Limited Transition -The purpose ofthe Limited Transition class is'to provide for development in areas that will have some services, but at lower densities than those associated with Urban, Transition. ' Residential density should be no more than 2.5 units/acre, with lower"density being more desirable. The use of clustering and planned unit Developments (PUD) is encouraged. These areas were previously designated as Transition and were intended to.provide. for more intensive future urban development. However, the provision of public services has been scaled back and less intensive urban development is planned PLANNING BOARD RECOMMENDATION 2/@1: NIr. Carswell presented.the rezoning,regciest. The owners of the two parcels in question gave a brief history of their property. Several members of the Bowens Chapel Church. requested .-that their property be.rezo'ned to R-1~ Residential and stated their opposition-the petitioners request. The Planning Board recommends approval of the petition and also recommends that the portion of Bowens Chapel Church property located in the northwest corner of Saunders and Carolina Beach Roads currently zoned B-2 Highway Business be rezoned to R-,1 ~ Residential. STAFF SUMMARY: The petitioner is requesting a B-2 Highway Business Rezoning. The subject property is located on the West Side of Carolina Beach Road between Sanders Road. and Grand Champion Road. This area of the county was originally zoned in April 1971. There is an existing B-2 Highway business district on the east side of Carolina Beach Road across from the subject property and south of the subject property. Most Hof the rezoning requests that have recently been ' approved in the area have been small expansions to existing commercial zoning or the result of an existing use like the Tot-Em-In Zoo. However with the recent extension of sewer service to this part of the county several requests have been made to rezone property along.this corridor north to Monkey. Junction. Exception fora 4.6 acre B-2 Highway Business rezoning across Carolina Beach Road which was approved in August 1999, similar efforts to rezone property in this area to commercial have been denied on thee different occasions. These petitions were denied in an effort to protect established residential neighborhoods nearby. Staff continues to support those policies that protectce,"st b~l~sl~e~~~~ghbo ~1~~o.~ods such as Equestrian Estates and other residential enclaves such as Rosa Parks Lane to, the north. The etiisting~commercial area around Sanders Road provides adequate commercial opportunities in close pro~in~ ry to area residents. Further expansion of the B-2 district is not y'P",tir~nr~sa;~ consistent with the Comprehensive Plan Policies for commercial development and would negatively impact traffic flow's along Carolina Beach Road. Furthermore, the recent expansion to ~the~Commercial~ distnct~at~iV1'onkey Junction will provide for a regional commercial node to ~~ service this area of the county'.. For all of these reasons Staff recommends Denial of the applicants petition. Case: Z-720; 12/00 ~ . Petition Sua~ma~-y Data Owner/Petitioner: Wayne Carswell Existing Land Use: Residential Zoning History: April, 19.71 (Area 4) .Water Tvpe: Private Wells and Community Water Systems Sewer Type: County Sewer Recreation Area: Arrowhead Park Near Silva-Terra .~ ~ ~ - . Access & Traffic Volume: 2,000 (1999 ADT) Fire District: Myrtle Grove . Watershed & Water Quality Classification: Motts Creek C(SW) Aquifer Recharge Area: Primary Recharge-Area • Conservation,~Iistoric/Archaeologic Resources: . Soils: Kureb Sand _ ~ Septic Suitabilitti~: Suitable Schools: Bellamy elementary _ 33 {This page intentionally left blank} ~~ NEW FIANOVER COUNTY BOARD OF C®MMISSIONERS . REQUEST,FOR BOARD ACTION Meeting Date: 03/12/01 Regular Item #: 6.3 Estimated Time: Page Number: , Department: Rfanning Presenter: Baird Stewart • Contact: Sam Burgess SUBJECT: A-306,02/01; `Remove Paving Requirement on Road Stubs ° BRIEF SUMMARY: ~. ,Approved preliminary residential developments with road right- of- ways designated, for public use ` are. required to install,road infrastructure improvements or post a surety during the final plat ' review process. To promote road connectivity between new subdivisions and undeveloped tracts of land,. the county typically requires a road stub to facilitate future access: According to the applicant, stub streets that are improved and adjacent to undeveloped property are typically not, .utilized for many years leading to road deterioration, potential road closure, and the eventual appearahce of encroachments by landowners adjoining the stub. NCDOT will not accept a stub street for maintenance until the adjoining property is developed and a certaih.number of residents - exist on the. street . - RECOMMENDED MOTION AND REQUESTED ACTIONS: - The Planning Board voted 5-0 to approve Language drafted by staff. No one spoke at the meeting . in opposition or in favor of the proposal other than the applicant. The amended language is as follows: • Amend Section 41-(7) 1. Public streets- I f the streets in the subdivision are public, stub streets 'shall be constructed in accordance with the minimum requirements of NCDOT. Add.the following language: - As an alternative to constructing the stub street, the developer may transfer the ownership of the dedicated right -of- way to the., adjacent .property owner to allow the street to be constructed with the development of the property.. , .FUNDING SOURCE.. . n/a . ATTACHMENTS: ' 2 .ITEM DOES NOT REQUIRE REVIEW ~_ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ',~Qt1N11f E®~~f~q ~~ ~~ ~. .. APPROVED , COMMISSIONERS' ACTIONS/COMMENTS: 6iEJECTED - - REMOVED f~ ~ ` ,~ POSTPONED ~~, F61AR1~ ~ ~ 35 .CASE: A-306, 02/01 ~ .Applicant; Terry Turner et al REQUEST: Remove Paving Requirement on Road Stubs ' Planning Board Recommendation (February 1, 2001 Mtg) The Planning Board voted 5-0 to approve language drafted by staff. No .one spoke at the meeting in opposition or iq favor of the proposal other than the applicant. Staff Summary Approved preliminary residential developments with road right-of--ways designated for ``public use" are required to install road infrastructure improvements or post a surety during the final plat review process. This language is located in Section 41 of the County's Subdivision Regulations. ; In order to promote road connectivity between new subdivisions and undeveloped tracts of land; the County typically requires a road stub to facilitate future access.'If a road stub is required' during the preliminary process, developers are required to improve the stub or post. a surety. Historically, stub streets adjoining undeveloped tracts of land have been constructed.,According to the applicant; stub streets that are improved and adjacent to undeveloped property are , typically not utilized for many years` leading to road deterioration, potential road closure, and the eventual appearance of encroachments (shed, fence, landscaping) by landowners adjoining the , stub. To complicate matters, NCDOT .will not accept a stub street for maintenance until the adjoining property is developed and a certain number of residents exist on the street. To mitigate the problem of improving a stub street adjacent to undeveloped property, the applicant is proposing that publically dedicated road stubs in new developments not be,paved until the adjoining property is developed. The applicant is proposing that a deed be created prior to final plat approval relieving developer of the responsibility for the road stub being improved while retaining the right-of--way as a "future street." The landowner who develops the adjoining. property would be required to make the road connection and improving the street stub at some future date. Staff Recommendation The applicant's amendment proposal has sound reasoning. Many street stubs have been required and coins'trticted>~by~d'eveloper`s~in recent years to`adjoiningundeveloped~property. Severahroads have deteriorateel-"due'to age~and even petitoned to be closed due to not being utilized. Some street~stubs currently~lave enc oachrnents due to lack of use..Deeding the property to the adjoining property ow~ne would allow the construction of the road stub to be delayed until needed. Staff stil'1 ha's~ co~n~cns however about the latitude of authority the Cotmty currently has '~~ in req~LU~ring adjoining landowners to connect and improve street stubs, especially if multiple A-306 (cont'd) .. 2. access points already exist on the' unimproved property. Recognizing the need to provide connectivity between existing and newly planned subdivisions, staff recommends that publically designated street stubs adjoiriing undeveloped property' be paved in accordance with I~TCDOT Standards . As an alternative to constructing the road .connection, the developer could deed the right-of--way to the owner of the adjoining property. This would allow the road to be constructed at some firture time when it is needed for that development. Amend Section 41(7)(h) 1. Public streets- If the streets in the subdivision are public, stub , streets shall be constructed in accordance with the minimum requirements of NCD~T. Add the fallowing language: As ari alternative to constructing the stub street, the developer may transfer the ownership of the dedicated right-of--way to the adjacent property owner t~ allow the street to be constructed with the development of that property. 3g ~ NE1N HANOVER COUNTY BOAR® OF COMMISSIONERS REQUEST F®R BOARD ACl'90N , . . ~ Meeting Date: 03/12/01 Regular item #: 6.4 .Estimated Time: Page Number: , Department: Planning Presenter: Baird Stewart Contact:. Sam Burgess , .; SUBJECT: A=307, 3/1; Zoning Text Amendment for the Table of Permitted .Uses BRIEF SUMMARY: - The applicant would like to amend the Table of Permitted Uses to permit Circuses, Carnivals, -'Fairs, .and Side Shows( of no more than 30 days duration per year) as a permitted use in th`e A-I, Airport Industrial Zoning District. This amendment could be accomplished by adding a "P" in the ' appropriate column of the permitted use table. ° The proposed text is the result of a proposed circus event associated with the Azalea Festival . that will be held at the New Hanover County Airport. Section 104.3 of the New Hanover County _ ~ Zoning Ordinance allows the building inspector. to issue temporary building permits fior a period not exceeding 1. month for bazaars,carnivals or religious revivals, the proposed text amendment is required since Circuses, Fairs, Carnivals, and Side Shows are a specified. use in the permitted use table. This use is only permitted in the PD, R-15, B-1, and B-2 and I.2 districts. Since the fair grounds on Carolina Beach Road are slated for development in.the near future, it appears that other similar events will require the use of.the Airport facility, which is zoned A•I Airport Industrial. .RECOMMENDED MOTION.AND REQUESTED ACTIONS: -This item will be presented to the New Hanover County Planning. Board at their regular scheduled meeting Thursday, March 1, 2001., Staff recommends. approval of the request to amend the permitted use table. Staff also recommends that section 104.3 amended to include Side Shows, Concerts and Sporting Events. - . ' .FUNDING SOURCE: - n/a ATTACHMENTS: , 1 , ITEM DOES NOT REQUIRE RE1/lEW COUNTY MANAGER'S .COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: • aNQIiNTY ~OMMi~a9QN APPROVED E:~ , REJECTED Q ~iEMOVED G~! ~' "' POSTPONED ~EARF~ ~3.1~ a~J~ _~g 1~e.e,b ~~l -~ ~~-~ hrorw l~otkl~ecN~l da~e~i 3~~(0l CASE: A-307, 3/01 Applicant: New Hano~~er County REQUEST: Zoning Text Amendment for the Table of Permitted Uses The applicant would like to amend the Table of Permitted Uses to permit Circuses, Carnivals, Fairs, and Side Shows (of no more than 30 days Duration per year) as a~permitted use in the AI, Airport Industrial, Zoning District. This amendment could be accomplished by adding a "P" in the appropriate column of the permitted use table. PLANNING BOARD RECOMMENDATION: This item will be presented to the New Hanover County Planning Board at their regularly scheduled meeting Thursday, March 1, 2001. STAFF SUIVIMAR~' The proposed text amendment is the result of a proposed circus event associated with the Azalea Festival that will be held at the New Hanover County Airport. Although section 104-3 of~ the New Hanover County Zoning Ordinance allows the building inspector to issue temporary building permits for a period not exceeding 1 month for bazaars, carnivals, or religious revivals, the proposed text amendment is required since Circuses, Fairs, Carnivals and Side Shows are a specified use i"n the permitted use table. Currently'this use is only permitted in the PD, R-1~,"B-1, B-2 and I-2 districts. Since the Fair grounds on Carolina Beach Road are slated for development in the near future, it appears that other similar events will require the use of the Airport facility, which is zoned A-I Airport Industrial. Any events being held at the airport will require approval by the airport authority. New Hanover County adopted the Airport Zonin, Districts in October 1976. The objective of • the Airpoc-t districts is to limit the potential concentration of people around the airport. However, there are permitted uses within the airport districts that.tend to attract large concentrations of people on a temporary and intermittent basis. These events on airport property are under the control of the Airport Authority. There are also several uses within the A-I district that are only permitted by Special Use Permit. _ Because the Airport Authority will have to approve any events that occur on their property and because New Hanover County controls a large amount of vacant property that appears to be conducive to events of this nature, staff recommends approval of the request to amend the permitted u'se table. Staff also recommends that section 104-3 be amended to include "side shows," "Concerts" and "Sporting Events." "~f ~.~ qua;-, '~~ _ ~, ;~ "i °l ~ 1, '~ NEW HANOVER COUNTY BOARD Of COMMISSIONERS REQUEST' FOR. BOARD. ACTION Meeting Date: 03/12/01 ~ - Regular Item #: 7 ,Estimated Time: Page Number: Department: Planning Presenter: Baird Stewart " Contact: Wanda Coston SUBJECT: Public Hearing - 2001 North Carolina (NC) Smalf Cities Community ®evelopment Block Grant (CDBG) Program-Scattered Site Housing Category Prograrri {SSh1P) BRIEF SUMMARY: The Scattered Site Housing category of the NC Small CDBG Program. Projects in this category must include activities in which a majority of funds is directed toward improving, preserving, or developing residential areas; address the national objective of benefiting low and moderate income persons; and yor aid in the prevention or elimination of slums and blight. The County is one of 33 counties in, the State that is exigible to receive $400,000 of non-competitive funds which will be used to implement a housing program that will benefit very low-income owner occupied households: The beach communities as non-entitlement municipalities within the. County are eligible to receive a portion of these funds if they have very low-income households that meet the SSHP. eligibility requirements. 0 " RECOMMENDED MOTION AND REQUESTED ACTIONS• .. Request that the Commissioners conduct a public hearing for citizen comments in order to comply with the requirements for implementation of the proposed County SSHP. This hearing is intended to solicit public input. FUNDING SOURCE: - ATTACHMENTS: 3 -ITEM DOES NOT REQUIRE REVIEW . COUNTY MANAGER'S. COMMENTS AND RECOMMENDATIONS: Hold public hearing to solicit public input. .COMMISSIONERS' ACTIONS/COMMENTS: ~Or~ ~®M~lila®N - APPROVED I:/"N'W d REJECTED .!~ 1~EMOVED [ AOSTP®NE~ 0 ~~ ~~ ,.~3~.-sz 1 o I ~~_a. ,~ /~~ ~-` 1 ~ ~ :STATE ,k _~~~~~ Q ~~;.~, ~~ ~`Neowr wao`` North Carolina Department of Commerce Division of Community Assistance James B. Hunt Jr., Governor Rick Carlisle, Secretary August 7, 2000 The Honorable William Caster. Chairman, Ne~y Hanover County Board. of Commissioners 320. Chestnut Street , Wilmington; North Carolina. 28401-4061 Dear Chairman Caster: RE: 2001 Scattered Site Program ~ ~ The General Assembly authorized a change in funding for scattered site housing rehabilitation projects. Beginning in 2001, Scattered Site funds will be granted on anon=competitive basis. Your county is scheduled to receive a 2001 Scattered Site allocation of 5400,000. To receive funds, you will:need to prepare a Housing Implementation Plan, involving municipalities in your county. If your county"'is interested in participating, please submit a letter stating your interest in the 2001 Scattered Site Program signed by the Chief Elected Official. Please submit this information to our office by'September~l, 2000: If the county is not interested in administering the grant, a municipality within the county may administer ' in lieu of the county. We encourage you to help identify a municipality so that they may be able to participate. A workshop is scheduled for October 31, 2000 to talk over the details. The workshop will be held at the Wake County Commons Complex located at 4001 Carya Drive in Raleigh from 10:00 a.m. to 12:00 p.m. We encourage you and representatives of municipalities in the county to attend, In .addition, DCA staff will be at the North Carolina Association of County Commissioners'Conference. Please visit our booth in the exhibit area if you would like to discuss the new Scattered Site Grant Program. We are very eYCited about this program and look forward to working with you and your municipalities as you develop your plans. If you have any questions, please feel free to contact Vickie Miller at 919-733-2850. ~°~` ~~,.(~,"~s~difr~.~ ~Y ~~'t~~rf~'~ Sincerely, tai .o ~ ~~~ ~ ~' s"'~~~ ~~ t ~ f j ' ~~ i ~ ~' r f~~ ~i ~, ~~~ _~ ~k ,,f<~',,°~r~~~~{ William A. McNeil, AICP 42 - .~," ~~ ,_: S C H O ' ~•S " ' . ~ ~ ~ North Carolina. A Better- Place To Be t-"_ . 130 r Glenwood Avenue ° 4313 M~ai1 Service Center ° F.aleigh, North Carolina ? 7699-=}3li '_= ~~°= Tel: (919) 733-2850 • hax: (919)733-5,262 A~i Fri i.~l (~nnn-r . ~-~ /APFr ~~ 4~r yin Fmnlrn rr ~~G~~~~L~~~ . (:~~' William A. McNeil,. Director ~i ~~r ~ p~~ \~ ~. Y ' ~~ SEP-21-00 THU 7 ~ 08 NHCC ~ ~ FAX N0. 3414130 P, O1 - ~ ' ~ ~ STA1~ OF NORTF-1 CARO~.INA ~ZCE OF 7~ CiOVER'VOR ..20301 Mnn. SE1zv1C~ C~,tt • RAT.EfC3~i, NC 27699-0301 ~ s c -, o o .` s James B: Hcmz~ Ja. Gw~r~ . . .September 14, 2000 . ~, ~~, The Honorable Wxlliazn Caster ' Chairman, New Hanover County Board. of Cornmissioners ' . 320 Chestnut Street Wilmington, North Carolina 28401-4061; ` Dear Chairman Caster: ' at is my pleasure to officially notify you that the County of New ~laiiover has been awaxded a $400,000 preliminary Community Development Block Grant (CDl3G) for Scattered Site Housing. I azn ha}~py to be able to support. community development activities . that improve the lives of our citizens. Please note that this award is contingent upon the receipt of the 2001 CDBG funds from the US Department of Housing and Urban Development and. the approval o1'tl~e county's Scattered Site Housing Distribution Plana I hope you will be able to atteS~d the Scattered Site workshop on October 31, 2000 at 10:00 a.m. at the Wake Conunons Building located at 4001 Carya Drive in Raleigh where specific details will be discussed, The pivision of Community Assistance, which administers the C;DBCx I'rograzn, will work with you to implement your grant. Should you have any questions regarding this grant; please contact Vickie Miller at (919) 733-2850. . pry warmest persoztal regards. Sincerely, ` o ' James B.1-Iunt Jr. JBH:eI t ~~~U V ~D - ~ ~ ~ - SEP 2 1 20C0 NErr4V rrN.? ~lC~~~{{~C4. ~ `3 °" - -.----. > > t ttr_.,. T...,.,.. cT~~ ~:eM . u er e~ncf NC" • TFr ~:i~;iclu7t: (9191 ~~33-581 t ~, 44 C~ - ~ a IVEW HAiV®VER COUIVT'Y BOARD OF COMMISSIONERS ' . REQUEST FOR BOARD ACTION ' Meeting Date: 03/12/01. ~~ Regular Item #: 8 Estimated Time: Page Number: Department: Legal Presenter: Kemp P. Burpeau, Deputy County Attorney Contact: Kemp P. $urpeau, Deputy County Attorney and Holt Moore, Assistant County Attorney SUBJECT: . . Consideration of Approval of New Hanover County-Code Changes BRIEF SUMMARY: The Municipal-Code Service has suggested, certain fechnical changes to modernize our Code prior to placement on the Internet. The modifications for the most part streamline language and _rernove obsolete sections. . Only a few substantive changes are involved: 1. A hearing officer option.is instituted should the County Manager or Department-.Head wish to utilize such an arrangement. ~ - , ' :2. 'Appeal procedures are stated or clarified. 3. Penalties for violations of .the water and sewer provisions are increased from $500.00 to $1,000.00. f RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the revisions. FUNDING SOURCE: ATTACHM'ENTSs Yes. .REVIEWED BY: ' LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:. Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: ~Ufi9'f1f CO~MfiI~ _ APPROVED ~ . ~iEJECTED © ~. ~?EMOVED CI . ~' , ~ ~'OSTPONED !~ 4 5 F~EARiJ ~j,~ :;~/ ' .C,r~Tlr ..~3I~1 Z I~l~~' - l3'y3 ~ ew eo Ilec,~'blt, ao+~~ ~ ad ~~'c~- NEW HANOVER COU N-fY INTER-OFFICE MEMORANDUM .~ „.~ _ -. MEMORANDUM: TO: New Hanover County, Board of Commissioners FROM: Kemp Bur-peau, Deputy County Attorney ~~ Holt Moore, Assistant County Attorney ~~ RE: Suggested Changes to County Code Prior to Reprinting DATE: February.l3, 2001 ~ ' The Municipal Code Corporation, which prints our County Code, has been in contact with. this office, as well as the Clerk to the Board regarding potential substantive changes to our County Code. The bulk of these changes are contained in the attached memorandum from Dr. `Ayn Gregory with the Corporation to Clerk Lucie Harrell. The County legal department has also drafted some proposed changes, which are contained in the subsequent memorandum. Some of these are the result of problems we have encountered through this office, and others stem from other departmental requests. We offer them for your consideration, and the following are those proposed changes accompanied with our comments as to the perceived need for revision. Chapter 1 -General Provisions 1. We propose the addition of a Section 1-6 (I), which would state: Any provision in this Code for an appeals hearing from an initial departmental decision or citation, shall be conducted in accordance with the following rules of conduct, except as specifically stated otherwise herein: (a) Hearings shall be conducted in a fair and impartial. manner. At .the hearing, the County department and the parties shall be given an: opportunity to present evidence on issues of fact, examine and cross-examine witnesses, submit rebuttal evidence, and present arguments on the issues of law or policy. If a party fails to appear in a contested case after he has been given proper notice, the hearing officer may continue the hearing or proceed with the hearing and make its decision in the absence of the party. (tj;)~ ; ~ The,;person:authorized by ordinance to conduct a hearing may designate one or -more,-pers~ons~to preside at the hearing. If a party files in good faith a timely and sufficient4affidavit of the personal bias or other reason for disqualification of any ~.~ r,aa~r.~:M " such hearing<officer, the County shall determine the matter as part of the record in ..~ ~LO,~v4~rr.,,.. .~ ,/~ ~ the case,rand its determination shall be subject to judicial review at the conclusion .; of the proceeding. If a hearing officer is disqualified or it is impracticable for him to continue the hearing, another hearing officer shall be assigned to continue with the. ' ~: ' , case. ~ - (c) The .presiding hearing officer-may: (1) Administer oaths and affirmations; (2) Regulate the course of the hearings, set the time and place for continued . hearings, and fix the time for filing of briefs and other documents; and (3) Direct the parties to appear and. confer to consider simplification of the issues by consent of the parties. .- (4) Issue.a final order or decision binding upon the parties. - • Comment: We believe that some general rules of conduct for appeals of departmental decisions would assist both the appealing party and the representative hearing the case in preparing for the hearing,: and knowing what to expect. These rules were taken from G.S, 150B- - 40, which governs state administrative hearings. Those portions which were inapplicable to the more informal .hearings held by the County departments were extracted. Currently. Chapter 3. Proposed by the Corporation to become Chapter 5; regarding Animal Control (For purposes of this-discussion we will refer, to the proposed Chapter 5). 2. VVe propose that the third paragraph of Sectiori 5-3(7) be amended to state as follows: . Any alleged violator may make written appeal of the citation to the Health Director, or his desigriee, within twenty days of receipt of such citation. If dissatisfied with the decision of the I .Health., Director or designee, such person .may appeal .the decision of the Health Director or designee to Nevv Hanover County Superior Court. Comment: -The County currently has in place a process through which civil citations from~Animal Control are heard by a Hearing Officer. The Code as it stands makes no provision for this process, and there have been some questions from members of the public who have participated in this appeal process as to what authority the Hearing Officer has to render the appeals decisions. Under this proposed change., the Hearing. Officer would serve as the Health Director's designee, and thus would have "black letter" authority for hearing and deciding those appeals. 3. We propose that Section 5-16(a) and (b), regarding. the impoundment of animals, be amended as follows (changes underlined): (a) Authorized. Any animal which is lost, strayed or unwanted or any dog or cat which is found not wearing a currently valid county .license/rabies vaccination tag, as required by state law. or this chapter, or -any dog or cat found being treated inhumanely, shall be confined at animal control in an humane manner for a,period of five business days for redemption by the owner or other disposed of as provided in this section.. - (b) Re/ease, sale, destruction.. If an impounded animal is .not redeemed by the owner within the time allowed for redemption, it may be offered for adoption to-any r responsible individual who is wiling to comply with this chapter; and when such animal is offered for adoption, it shall be to the first person paying for it as provided. in this article. The Director of Animal Control may taKe a person's association with the` prior owner 'in'to consideration- when determining if he/she is sufficiently responsible to adopt the animals. Animals not redeemed within the required holding period after being taken into custody may be destroyed by animal control in an humane manner as recommended by`the American Veterinary Medical Association, or may be made available to officially approved and recognized medical schools~or research institutions, or for use by a local veterinarian as a blood `~ donor or for a study of local animal diseases. , If the animal is made available for study of local animal diseases, blood samples shall be taken at animal control; then the animal will be euthanized'at-animal control. tf the ariimal is made available for research, the animal must bey euthariized'at animal control Comment: ~' The first proposed change in Section 5-16(a) provides. that dogs or cats may be. impounded if they are found being treated `in an-inhumane manner, in addition to the current provisions for abandonmenf, etc.:~This provision would~slightly broaden the circumstances under which'Animal Control could impound. There appeared to be no reason why impoundment would be allowed for abandoned animals, but not those who were being abused or neglected. - ~ The second proposed-change in Section 5-16(b) addresses' a situation which arose with a case last year, in which those associated with the alleged perpetrator of animal cruelty attempted to collect the animals from Animal Control. Had this been allowed, the animals would either have been returned to the original owner, or asimilar=plight, as those who attempted to take .the dogs were either aware of, or involved with, the initial poor care.of the animals. This change would make it clear that the Director of Animal Control would be able to take aperson's-association with the prior owner into corisideration when determining if they are ``responsible'` underthe Code, such that they may' adopt. - 4. We propose that Section 5-16(i) and be amended to state as follows (changes underlined): (i) Animals impounded pursuant to judicial process or administrative seizure: Should ariimal control take.possession of any animals pursuant.to ajudicialorder,.warrant, administrative seizure, or other authorized action, by any law enforcement officer . '~ ~ - ~ or animal coritrol officer, the animal shall be-confined at animal control or another appropriate facility. designated by the director of animal' control for a period of five business days. Prior to the end of the fifth business day of the holding period, the owner must remove the animal to site acceptable to the director of animal control with' a~mairitenance agreement acceptable~to said director; pending resolution of any pertinent judicial proceeding.. Any animals not removed in accord with the manner and time specified in this subsection shall be deemed abandoned. Any such abandoned animal shall become the' sole .property of the 'county and may be - ~ offered for adoption, destroyed or otherwise disposed~at the county's:election. Any and all incurred costs, expenses and fees for maintenance,~transportation and.care, whether within or outside the county, shall be the duty 'and liability; of the owner whose ahimal'was impounded underthis section. Should court order any injunctive relief permitting the subject animal to remain within the county at the'animal control facility or at some other facility within the county acceptable to the director of anima! control; the ownermust pay all costs, expenses and feesfor maintenance and care ' on a weekly basis, in advance of the weekly term.. Should- such .costs, expenses and fees not 6e paid within two working days of their being due, the~animal shall be /~ Q deemed abandoned and shall become the~sole property of the county. `~' V Comments: The proposed amendments to the preceding section are designed to assist and protect animal control' in cases in which animals are impounded. The provisions only apply to situations in which animals are impounded pursuant to other Code sections which are already in place. The first, proposed change in section 5-16(i) simply expands the section to include any legal impoundment so that all animals which are impounded fall within the rules of the Code. The second change, also in that section, regarding a maintenance agreement for the animal(s), should it/they need to be transferred to another facility, is interided to ensure that the animal(s) are cared for in an appropriate manner pending the outcome of any proceeding. Chapter 6.5 4. We propose that 8.5-4, regarding the makeup of the Human Relations Commission, be changed to state as follows: . a) The Commission shall be composed of twenty (20) members, fourteen ,(14) at-large appointed by County Commissioners, three (3) appointed by Wilmington City Council, one (1) appointed by Carolina Beach Town Council,. one (1) appointed by Kure Beach Town Council, and one (1) appointed by,Wrightsville Beach. Board, of Aldermen. Comment: The preceding has in fact been the makeup of the Board for some time, but it has ' never been officially adopted by the Board. It i.s therefore an appropriate time to make this change in the Code. Chapter 56 ' 6. We propose that Section 56-39(a) regarding penalties forviolations associated with water service be amended to state as follows: Violation of this article subjects the offender to a civil penalty of $1,000:00, which may be recovered by the district in a civil action in the nature of a debt if the offender does not pay the penalty with ten days after having been cited for violation of this article. Comment: This change was requested by the County Engineer based upon his experience that the fee of $500.00 simply was not sufficient to curtaiP violations. 5. We~also propose that Section 56-286(a) regarding penalties associated with sewer service be amended to state as follows: _ Violation of this article subjects the offender fo a civil penalty of $1,000.00, which may 6e recovered by the district in a civil action in the nature of a debt if the offender does not pay the penalty with ten days after having been cited for violation of this article. Comment: This change was requested by the County Engineer based upon his experience that . the fee of $500.00 simply was not sufficient to curtail violations.. EDITORIAL MEMORANDUM NEW HANOVER COUNTY, NORTH CAROLINA TO: Lucie Harrell, Clerk to the Board FROM: Dr. P,yn Gregory, JD, DD, Supervising Editor Municipal Code Corporation SUBJECT: New Hanover County Post-Conference Editorial Memorandum DATE: May 15, 2000 The following memorandum specifies the proposed substantive changes for the New Hanover County Code agreed upon at the editorial conference of January 12, 2000. All chariges~ are, of course, tentative, subject to final approval of the Governing Body. The 1978 Code and the ordinances of the town adopted through. Ord. of July 12, 1999 adopted on July 12, 2000, were used as the. basis for this codification. ,Where it was deemed necessary, various portions of the ordinances were split out into other sections or chapters of the Code: Corrections of spelling; grammatical and dictiori errors, as well as other nohsubstantive changes, were made without-.notation. Additionally, the repealer, severability and effective date clauses of all ordinances utilized ~in the recodification project were deleted. The omission of ordinances due to their having been specifically repealed is, similarly, not noted in this memorandum. Please review carefully all sections that were added, since these are suggested sections only, added per instruction at conference. An indication of "No substantive changes" means either that there were no substantive changes in the portion indicated; or that there were no substantive changes that are not described elsewhere in this memorandum. -For example, as a general matter, any changes iri the~fitle of an officer or entity will~be noted only at the location in the . manuscript where such change was initially directed at conference. 50 ~ .. .. f • SPECIAL ACTS . In'general. ~ . The text of the Special Acts of the General Assembly - will not printed since numerous sections of the . Session Laws are superseded by the General Statutes and/or violative of Art. II, Sec. 24 of the - North Carolina Constitution. CODE OF ORDINANCES ' CHAPTER 1o GENERAL PROVI SIONS COMMENT . . 1978 Code r In general. The entire chapter was replaced with the newest version of MCC's general provisions. CHAPTER 2. ADMINISTRATION COMMENT - 1978 Code.§§2-59 ~ Size requirements. Revised to conform to G.S.47-30(a). §§2=60 Land records. Revised to conform to - - G-S.47-30(c). - ~ §§6-181 through 6-184 Bids. Moved from Business chapter. - No substantive changes. ' - §§12-101 through 12-106 Conflicts of interest. _Moved from . ~ Offenses chapter. No substantive changes. GHAPTE'R 5. ANJMALS COMMENT . 1978 Code §§3-3(g) Duties.' Due process appeal to the _ ~ Board added for citations. - §3-5(n) Rabies vaccination.. Added reference • • . to G. S.130A-193. §3-7 ~ Rabies vaccination. Omitted firsf.two- • sentences as redundant of ~§3-5. §§3-15 ~ Keeping animals. Added `as defined in G.S.19A-23' after `injured animals'. (~ .. ~ '~. / §§3-17(d) ~ ~ Redemption procedure. Omitted as redundant of §§3-5(p). §§3-23(b) Violations. Added a last sentence `In addition to and in Lieu of civil penalties, the county may refer the debt to a third- -party for collections'. §§3-25 Definitions. Omitted subsections (3) and (7) as redundant of §§3-4(a). §§3-27(b) Procedure. Added `appointed-by the Public Health Board' after `appellate board'. CHAPTER 8. AVIATION 1978 Code In general. Moved from Ch.2.5, Airport Usage. §§2.5-1 Short title. Chan ed air ort name 9 P throughout to `Wilmington International'. §§2:5-2 ~ . Definitions. Changed `.airport manager' to `executive director' throughout. Changed `county' to `New Hanover County Airport Authority's in same - ~ definition. §§2.5-4 Amendments. Changed `airport manager' to `New Hanover County Airport Authority'. §§2,5-11 Nonliability. Added `New Hanover County Airport Authority'. CHAPTER 11. BUILDINGS AND BUILDING REGULATIONS 1978 Code In general. Changed specific edition .. dates to `current edition' throughout. 52 §§5-4 Heating code. Changed `heating' to • ` ~ `mechanical' throughout. §§5-6 Swimming pools. Changed first " ~ sentence to `The rules and regulations of G.S.130A-280 et seq....'. §§5-22 ~ ~ General duties. Revised to conform to G. S.153A-352. §§5-23 Conflict of interest. Revised. to conform to G.S.153A-355. ~, §§5-24 ~ Reports. Revised to conform to _ ~ G. S.153A-373_ §§5-27 Stop orders. Revised to conform to G.S.153A-361 ~ . §§5-31 and 5-31.5 Certificates of compliance. Revised to conform to G.S.153A-363. . §§5-44 Permits. Revised to conform to G S 153A-357 . . .. . §§5-54 Revocation. Revised to conform to . G.S.153A-362. • Article 'IV Electrical. No substantive changes.. Article V Plumbers.- No substantive changes. Article VI Water wells. Omitted as redundant of Board of Health ordinances. Article Vll Mechanical work..No substantive changes: . Article VIII Chimney sweeps. No substantive . . changes. Article Vlll LP tanks. No substantive changes. CHAPTER 14. BUSINESSES • ~ 5~ 197$ Code Comment. §§6-30 - Definitions. Revised to conform to _. G.S.14-202.10. §§6-38 ~ Inducing violation. Corrected state law reference. §§6-50 Fees. Omitted specific fees and added `as set from time to time and on file at .the county clerk's office'. §§6-55 Revocation. Added denied• license to the due process hearing and added `in a hearing before the county manager or • his designee' to the procedure. . Article 1V Boxing. Omitted as superseded by G. S.143-652 et seq: §§6-80 Definitions. Omitted those already in §§1-2. §§6-82 Licenses. Omitted subsection 13 as ()( ) superseded by G.S.113.70(c). §§6-90 ~ License fees. Changed to `License fees are on file at the county cler.k's office and are set from time to time by ,; the Board of Commissioners:' The. remaining provisions were put into an appendix.. §6-157(d) ~ Licensure. Added denied license to due process procedures already in place. §§6-159(c) Fees. State law reference corrected. §§6-163 Penalties. Changed maximum jail • sentence to conform to G. S.14-4. CHAPTER 17. CIVIL EMERGENCIES 1978 Code ~ In general. This is the former Emergency Services, Proclamations and Restrictions chapter. §§6.7-16(c) - ~ State of emergency. Changed ,~ - `firemen' to `firefighter' throughout. §§6.7-28. Penalty. Increased,. penalty to $500 as allowed in G.S.14-4. §§6.7-29 Repeal. Omitted.as covered in §§1-9. CHAPTER 20. EMERGENCY SERVICES. 1978 Code ~ In general. This is composed of Art: II, V11,and IX of the. former Businesses chapter: §§6-19 Definitions. Revised to conform to G,S.131 E-,155. Omitted those already . in ~§1-2. ~ §§6-20 _ Required. Added `as required by ., , ~ ~ G.S.13 - ~ . 1 E 155.1 et seq. m subsection (a) and added `as required by G,5:131 E-1.59'..in subsection (b). Also added an editor's note that the county maintains an exclusive franchise with the county 'hospital for ambulance services subject to the county hospital's approve,. - " §§6-22(d)(3) Granting. Changed language to `duly licensed personnel'. - §§6=23(c) Term. Changed 'medical attendant' to `medical responder' throughout. §§6-25' Standards. Revised to conform to G.S.131 E-158 and 131 E-159. §§6-26 Standards. Revised to conform to G. S.131 E-157. ~' - ~ ~~ §§6-27~ §§6-29.3 §§6-146 §§6-152 §§6-164 §§6-1.66 §§6-171 CHAPTER 23. ENVIRONMENT 1978 Code ~ , §§11-21 and 11-22 §§11-28 §§ 11-42 §§11-64 ~~ Communications. Omitted as superseded by G.S.131 E-155.1 et seq. Enforcement. Changed enforcement to the county manager or his designee. Definitions. Omitted those definitions already in X11-2. Penalties. Added a new section stating `Any person denied a permit or who has a permit revoked make may a written request within 10 days of receipt of the revocation/denial notice for a hearing. The county manager or his designee shall promptly hear such appeal.'. Purpose. Changed to `pursuant to this article'. Imposition. Effective date omitted as obsolete. Penalties. Increased penalty to $100.00. \ In general. This is a combination of the former Erosion and Sedimentation Control and Nuisances chapters. Abandoned vehicles. Revised to conform to G.S.153A=132(b). Notice of storage. Revised to cori'form to G. S.20-219.9 et seq. Rotation'. Effective date omitted. Penalty. Changed misdemeanor penalty to increasing staggered civil penalty. ~, §§11-71 - Definitions. Omitted those already in §§1=2. . 11-83 §§ •2 Administrative hearing. Added `reasonable'. before `time' for hearing, §§7°3 Definitions. Changed to `Department ' ~ of Environment and Natural Resources' throughout and omitted those definitions already in §§1-2. §§11-97 Administrative hearing. Added. . `reasonable' before `time' for hearing. . CHAPTER 26. FIRE PREVENTION AND PROTECTION 1978 Code §§8-1(c) ~ .Burning. Increased penalty to $500.00 as allowed i~n G.S.14-4. ' 'Art. I'll Gas stations. Omitted as obsolete. (~ Art.. IV Hazardous material. Omitted as k ~^"' V ~ su erseded b G.S.95-217 et se . p Y q .CHAPTER 29. FLOODS 1978 Code §§4-57 to 4-92 In general. This was moved from the former Beaches and Waterways ch. . §§4-65 Penalties.. Increased to $500 fine pursuant to G.S.14-4. §§4-67 Separability. Omitted as covered in § 1-9. §§4-73 ~ Definitions. Omitted those already in §11-2. Changed `mobile home' to `manufactured home' throughout ~ , pursuant to G. S.143-143.9. ~- 57 CHAPTER 32. HEALTH AND SANITATION 1978 Code ` §§8.5=33 §§8.5-35 CHAPTER 35. HUMAN RELATIONS Conflict of laws. Omitted 'as covered in X11-9. Eff. ective date. Omitted as obsolete. 1978 Code In general. This is the former Discrimination chapter. No substantive changes. CHAPTER 38. OFFENSES AND MISCELLANEOUS PROVISIONS. 1978 Code §§12-1 Bingo. Omitted as superseded by G. S.14-309.5. Art.. III State of emergency, Omitted as. ' redundant of Civil Emergencies Ch.17. Art. IV Septage disposal. Omitted as redundant of Utilities Ch. Art. V 911. Omitted as redundant of Ch. 20, Emergency Services. §§12-50 Penalty. Changed to civil penalty of ' $1000.00. Art. X County property. Omitted as redundant of ~~12-64. Art.. XI Disorderly conduct. Added civil penalty of $500.00. Art. ~XII ~ ~ Drug-related activities. No ,substantive changes. Art. XIII Begging. No substantive changes. F~ Art., XIV Venus fly traps. Omitted as ~ ~ • ~.. • superseded by G.S.14-129. • • CHAPTER 41. PARKS AND RECREATION 1978 Code §§13-5(b) Penalty. Increased civil penalty to: $100.00. • CHAPTER 44. SOLID WASTE 1978 Code In general: This was formed from Art. ' V and Vf from the Health and Sanitation • ch. . §§8.5-44` Jurisdiction. Omitted as covered in - §~ 1-9. §§8.5-45 ~ • Definitions. Omitted as redundant of ~§8.5-51. §§8.5-71 . Definitions:. Omitted as redundant of • ~. - ~~8.5-51. . .CHAPTER 47. STREETS, SIDEWALKS, AN D OTHER PUBLIC PLACES 1978 Code In general. This is the former Roads . ' - and Other Public-Ways ch_ No substantive changes. CHAPTER 50. TELECOMMUNICATLONS • 1978 Code In general. This is from Art. VI of the • •Businesses chapter. §§6-111 Definitions. Omitted those already in . ~~ 1-2: - §§6-117 : Grant. Omitted effective date as .. obsolete. 59 §§6-119 Application. Omitted specific fee and added `as set from time to time and on file at the county clerk's office'. §§6-134 Separability. Omitted as covered in §§ 1-9. §§6-140 Employment. Added `marital status, disability, and age'. §§6-141(f) Rights. Added `disability'. ' CHAPTER 53. TRAFFIC AND VEHICLES 1978 Code In general. This is the former Motor Vehicles and Traffic chapter as well as Art. VII from the Offenses chapter. §§10-3 _ ~ Airport parking. Omitted as redundant of §~2.5-84. §§10-29 Enforcement. Added $500 fine. §§12-52 to 12-66 Parkin .This was the former Art. VII g I of the Offenses ch. §§12-53 Definitions. Omitted those already in §~1-2. §§12-63 .Penalties. Omitted specific fees and added time to time language. CHAPTER 56. UTILITIES 1978 Code - In general. This is the former Water .Supply System ch. §§15-1 ~ Connections. Specific fees removed . and time to time language added. §§15-7 Fees and charges. Specific-fees omitted and time to time language 6 ® added. §§15-9 Penalties. Increased civil penalty to ' $500.00. . §15-18 Definitions. Omitted those definitions already in ~§1-2. §§12-67 to 12-80 Groundwater contamination. This is formerly Art. VIII of the Offenses ch. §12-68 Definitions. Omitted those definitions ' already in ~~1-2. §§12-78 Enforcement. Added $500 fine as ' allowed in G.S.14-4. §§12-80 ~ Effective date.. Omitted as obsolete. §§15-90 Procedure. Specific fees omitted and time to time language added. - . §§15-95 Obtaining permit. Specific fees ' ~ omitted and time to time language ` - ' added. . §§15-98 . Enforcement. S ecific fees p omitted and time to time language added. ' §§15-1.22 User charges. Specific fees omitted and time to time language added. - §§15-1.24 Specific fees: Specific fees omitted and time to time language added. CHAPTER 59. WATERWAYS ` 1978 Code In general. This is from Art. I, II and III of the former Beaches and Waterways ch. and Arta XV of the Offenses ch. - ~ §§4-18 and 4-20 Authority. Omitted .since cited authority was repealed by Session Laws 1979, c.141, s.1. §§4-21 Definitions. Omitted those definitions already in §~1-2. §§4 24 - Designation of officials. Omitted state law reference since repealed by ' - Session Laws 1979, c.141, s.1. . §§4-27 Inspection fees. Specific fees omitted and time to time language added. §§4-43 Permit. Specific fees omitted and time to time language added. §§4-45 Penalties, Omitted class 2 misdemeanor penalties and changed to civil penalty of $2500.00, §§12-150 Penalties. Added $500 fine/30 days as allowed in G.S.14-4. l./ ' NEW HANOVER COUNTY B®ARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting ®ate; 03/12/01 - Regular Item.#: 9Estimated.-Time: Page Number: Department: Legal Presenter: Wanda Copley - . Contact: Kemp P. Burpeau, Deputy County Attorney SUBJECT: " Conveyance of Beach Access Formerly in the Unincorporated County to the Town of Carolina Beach BRIEF SUMMARY: Carolina Beach has now annexed the locations of these various Beach Accesses built by the. - County with CAMA funding. The proposed conveyance would grant the County`s interest in such accesses to the Town: The Town would maintain the right of the general public to use the . facilities. Please see the attached memo from County Attorney Wanda Copley. RECOMMENDED MOTION AND REQUESTED ACTIONS: ~ , . Authorize execution-of conveyance.. ' FUNDING SOURCE: ATTACHMENTS: `~ (01)0214Assi n&Conve 9 REVIEWED BY: LEGAL:' FINANCE: N/A ,BUDGET: N/A HUMAN RESOURCES: N/A . ~. _ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Considergranting access per the options as described in the attached memo from County . ~ Attorney Wanda Copley. .~ COMMISSIONERS' ACTIONS/COMMENTS: ;. _, ~ ~- APPROVED .. ~4EJECTED ~ . ~° lR~~1~?VED ~ ~ "~- a ~7 ~~_ NEW HANO~/ER COUNTY INTER-OFFICE MEMORANDUM Wt x'n;#H~NxMa~iTa1 [ettytr ktb aamro'a#cL.eMw M .~twri~t+iYnu~ ,. ~ -. , ya, ~ ~_ MEMORANDUM: TO: New Hanover County Commissioners 4' ~~ FROM: Wanda M. Copley,. County Attorney RE: Conveyance of Public Beach Accesses DATE: March 12, 200.1 , . An item on the regular agenda proposes conveying six (6) public beach accesses controlled by New Hanover County and constructed with CAMA funding. The Parks Department, which currently maintains the properties, favors conveying the accesses to the appropriate Beach town(s) that have or will annex the locations. The proposal as presented would convey all six (6) accesses to the Town of Carolina Beach. After placing the item on the agenda, the Town of .Kure Beach attorney contacted the Legal Department to request the removal of one street access Alabama, .from the Carolina Beach conveyance. We then contacted the Carolina Beach Manager and at that time became aware of a controversy between the towns regarding the Alabama access. Apparently each jurisdiction intends annexing to the center line of the street. Each town wants the Alabama access conveyed to it. Both are in agreement that all the remaining five (5) accesses be conveyed to the Town of Carolina' Beach. The Board has the following options available: 1. Convey Alabama Street to Carolina Beach; _ . 2. Convey Alabama Street to Kure Beach; 3. Retain the Alabama Street access, an option not advocated by County .Parks; or 4. Convey each Beach town ownership to either side of the Alabama Street center line consistent with their annexation plans, and the towns could determine maintenance through a Carolina Beach/Kure Beach Interlocal Agreement. Please contact me with any questions or concerns. ' ~ G~u~`+tr1~'•..~~~~ ~z~'~~~~`s~c V~ W M C/kc ~1~,~ l ~~~ cc. Countyw,Manager t Clerk td the~Board F, - New Hanover County Contract #01-0214 :~ Prepared by: Kemp P. BUrpeau, Deputy County Attorney, -New Hanover County, . 320 Chestnut Street,. Room 309, Wilmington, North Carolina. 28401 . ~ Tax Parcel No.: Adj. R09206-004-002-000 ~- 1 STATE..OF NORTH CAROLINA ASSIGNMENT and CONVEYANCE COUNTY OF NEW HANOVER { . THIS ASSIGNMENT and CONVEYANCE,. made and entered this day of , 2001, by NEW HANOVER COUNTY, hereinafter called "Grantor"; and TOWN OF CAROLINA BEACH,-1121 N. Lake Park Boulevard, Carolina Beach, N.C. 28428, hereinafter called "Town"; WITNESSETH: . - ~ That Grantor, for and in consideration of Grantor's agreement to maintain and .incorporate certain .Beach public access improved by Grantor situated on publically ', ~ ~ dedicated streets now situated within the Town of Carolina Beach, into the public works ' program of said municipality, and other valuable consideration,. has granted, conveyed, bargained, assigned, quit-claimed, and sold and by these presents does grant, bargain, sell, assign, quit-claim and convey unto the Town,.its successors and assigns, certain property, more particularly described as follows: All. those improved public beach accesses situated on, over and across the streets known as Ocean Drive, Alabama, . ' Tennessee, South Carolina, Texas and- North Carolina, as more fully shown on a plat of Wilmington Beach recorded in Map. Book 2, Page 30, New Hanover County Registry, commencing at the intersection of each respective referenced street, .thence running to the terminus 'at the Atlantic Ocean beach front. SUBJECT TO State of NorthCaroiina CAMA BeachAccess Grant requirements that 65 New Hanover County Contract #01-0214 the said accesses. be available for use by the general public. IN WITNESS WHEREOF, Grantor has hereunto set.this hand and seal the day and year first above written. NEW HANOVER COUNTY [SEAL] Allen O'Neal, County Manager ATTEST: _ Clerk to the Board NORTH CAROLINA NEW HANOVER COUNTY ~ (~} I; ~ , a Notary Public ofthe State and County `-_/ aforesaid; certify .that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name,by its Manager, Allen O'Neal, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of ~ , 2001. Notary Public My commission expires: .. ~. 66 • • NEVV FIANOVER C®UNTY BOAR® OF COMMISSI®NERS REQUEST FOR BOAR® ACTION Meeting Date: 03/12/01 Regular Item#: 10 Estimated Time: Page Number: Department: County Manager Presenter: Greg Thompson Contact: Dave Weaver SUBJECT: - Consideration of Approval of Construction of Wetland in Airlie Gardens by Developer of Airlie Forest BRIEF SUMMARY: The attached letter and map from the engineer from the developer of Airlie Forest proposes that the developer be allowed to construct a wetland in Airlie Gardens as a: mitigation project for impacting wetlands in Airlie Forest. This- project would .provide the following benefits to the County; Construction of an educational wetland. in Airlie Gardens at no expense to the County. Provision of a $10,000 stewardship fee to the County. - Solution of a drainage problem on the interior side of Airlie .Road. - Water quality treatment of storm water runoff. - Ability for the developer to move forward with his project. The Board of Directors for the Airlie Foundation has already approved of this project. The project is also -.being incorporated into the Airlie Master Plan. This project is under a very tight time frame due to the" developer wanting .to move forward and the. County wanting work to be essentially .complete before the Gardens is open for six days a week. The developer will , be required to comply with an appropriate County agreement, and the design will have to be reviewed and approved. by the County Engineer and by the Superintendent of Airlie Gardens. This ' design work is in progress. Actual construction is anticipated to begin immediately after approval by the Board. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval subject to complete of legal agreement and acceptable design. FUNDING SOURCE: No-money involved. ATTACHMENTS.: Letter from Engineer REVIEWED BY: LEGAL: FINANCE: ,4pprove BUDGET: Approve HUMAN RESOURCES: N/A Recomment approval.. COMMISSIONERS' ACTIONS/COMMENTS: ~?f1NTY PO!1H11f114°JI~N APPROVED .REJECTED [~ REMOVED. ~ ,~ P051't'ONt~:G ~ '~ ~REARD ~ '~ r~ 1 °:~ ( I - _ ~~ STFiOUD EiVGiNEIERING, P.A. ~ CONSULTING ENGINEERS 3961-A MARKET STREET WILMINGTON, NC 28403 (910) 815-0775 February 5, 2001 New Hanover County Attn. Dave Weaver 414 Chestnut Street Wilmington,NC 28401=4045 R pectfully~b i ed 1 e H. Fentres , Jr_ PE Re: Letter of Intent to Provide- Wetland Restoration' Work at Airlie Gardens Dear Mr. Weaver, ~ ~_ ~1 ij~. ~~ i I FEB - 5 ~~CGi y~' - ----- . -. EL.4 ,' We .certainly. appreciated your prompt attention to our requests last week to meet and discuss the possibility of doing. the aforementioned work. As mentioned. the Cops of Engineers is requiring the developer of the property behind .and east of Saint Andrews on the Sound to provide mitigation to offset the proposal of impacting 0i8 acres of wetlands in the course of developing fourteen residential lots' on the property- ,Several proposals have .been .investigated however the Corps is most agreeable to work done in the same. drainage basin as the project. The Corps field representative, whom. we have been working with, .was inquisitive. as to, the possibility of the :developer speaking ,with the County and Airlie Gardens about doing some restoration work- within the boundaries of the Gardens. The desire is to provide improvements to an existing condition which would have a positive impact on water quality in the region. The present proposal, as indicated on the attached illustration, would be to remove the existing series of outfall pipes and structure at the drainage crossing adjacent Airlie Road and nearest the main entrance. The water that, by design, is conveyed through this, structure and these pipes to the western most pond in.the gardens will be routed via a vegetated channel into a constructed wetland in a natural low area then back into a vegetated channel traversing under a new wooden foot bridge and out falling to the pond in approximately the same location as presently existing. The proposal should not require the removal of any significant hrees and would be an ideal weEland orientation exhibit. The inserted photos show the concrete structure proposed for removal neaz Airlie Road and also the site condition,of the area in which the work.is proposed. Please consult with the people responsible for making a decision as to the adequacy of this request and reply to me at your earliest possibie convenience. Attachments ce Scott McClendon ~, , ! ,~',•' Greg Thompson '~ ~ ~, ;~dtr `~~ 1~+ Gary Rzepecki ~ -~ ~~~'~~ Mark Yow JHF/jf ~ (~lb}t D6f/>< y° 107~COMMERCE ST ~ Qi~~~°- SUITE 8 ~ ~ , a GREENVILLEi-NG27858`"~~ (` (252) 756-9352 ` ~` i file:F:~ivtasterlP W- 1991 WPDUnitigate.wpd 3961-A MARKET ST. WILMINGTON, NC 28403 (910) 815-0775 HESTRON PLAZA TWO 151-A HWY. 24 MOREHEAD CITY, NC 28557 (252) 247-7479 -, n s 9 NEVV HAfVOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTIOiV Meeting Date: 03/12/01' Regular Item #: 11 Estimated, Time: Page Number: Department: Engineering Presenter: Greg Thompson Contact: Dave Weaver SUBJECT: -. Review of the Status of and Review of Permitting Conditions for Masons Inlet .Project ' BRIEF SUMMARY: Attachment one provides the presently anticipated schedule for permitting and construction events for the Masons Inlet Relocation Project. Attachment two discusses draft terms and conditions of the permit. This Project, if all conditions are agreed with and if permitting and construction progresses in a timely. manner, vvill be complete around the end of July. Our consultants with Applied Technology Management (ATM) will be present to .answer questions. It is important to note that the dynamics of the scheduling and permitting process are still in flux.- - ~ RECOMMENDED MOTION AND REQUESTED ACTIONS:- The Board is requested to accept these preliminary conditions as part of the anticipated permit, ' and to direct staff to continue moving forward with the project. ~~ FUNDING SOURCE: ' No funding involved. ATTACHMENTS: Attachment A Attachment B ' REVLEWED BY: LEGAL: FINANCE: N/A BUDGET: MUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSION'ERS' ACTIONS/COMMENTS: ~UIV`tY P~MiiIJiQ'~N~~~ - - APPROVED ~/ I~t.ovL ~aru~a,rd` . REJECTED ~- 5{- fY-2G!Jw~/Y~GNd0...~~ f'O REMOVED ® ~~proVZ B•q, d.,Y. sludgy POSTPONED 6iEAR[J `~ . .MONO ~Yd 4II ~~~ ~~~~n~,+~ ~ P~ NEW. I~ANOVER CO~JN'~'Y INTEL ®~FI~E .. : \~ \ \\: V\ ~\ \\\\ l i\\ ` ~\~\ti\ ~ •~\\\\~i~.\l'~'Q~<ti'~\\\\i\~\i~J}:C\^ii:~i~iT ~ii~ntti{::L+~:i'~CV~:::iti:v•••1~Lt:~J''~v4 ~~~~~\\'~'\\~i~\L'i,~\~1'~\\ \\\V.\\\ \\ C\~' \ \ Attachment ®ne March 2, ?001 TO:' Board of Commissioners FROM: Dave Weaver w;~ , 1, ~, RE: Status of Masons Inlet Relocation Project , The attached schedule is a simplication of the events~that ma_y occur as we aim toward initiating mobilization of dredges around April 1 ~ and complete dredging around fhe end of July. There are still several issues to be resolved in this schedule. For instance; the~U.S. Fish and Wildlife Service or the National Marine Fisheries Service may appeal this issuance of the Corp's permit. This appeal process would begin around March l0. Althou¢h this appeal could last up to .120 days; it is anticipated that the appeal will be resolved in 30 days at the regional level. In addition, it may be necessary to issue a Notice to Proceed with mobilization to the dredging contractor after a provisional permit is issued but before the final permit is obtained, in order to complete work within the time frame established by the Corps. This option is allowed by the contract to be considered in the following agenda item. Please feel free to contact me ~r Greg Thompson if you have any questions or comments. cc: Grea Thompson, Chief Project Engineer Allen O'Neal, County Manager Kempi;Burpea'ufxDeputy>Coumy Attorney r~ tc~'~'~ ~ ~t :, ~.: r ~~ ~ +. .~'.'~ ~~ 1. ~a; .. ;y i4 ~~ x~~vov~ coUN~ IN'I'~IZ-t~~~ICE , <';'ti t<~ `,~~ `~\~'if ~\,..~.;a\~e;:;a~:a>::a0::+;aix:.~: • ti ~:::>2;~ti2'' :C~~.Ct ~~~\a%:2<?~ ~ ~;:..:;'<'o-~;:'`?°`v~ ~~ti iti: `:.:~Ci ~~ ~ ~~ ti \\\: ` ~ ~~~~~~ ' . \~~ti Attachment Two ry .March 2, 200.1 '.. TO ~ Board of Commissioners . .FROM: Dave Weaver , ' RE: Permitting. conditions for Mason Inlet Relocation Project The following outlines presently anticipated permit conditions forthe Mason Inlet Relocation ,. • Project. These conditions. can be divided into.two groups: . 1), The majority of the draft conditions have been developed primarily in coordination with all . ° Federal- agencies and the County, as part of the review process for the Biolo~~ical Opinion (BO) .prepared by the U-.S. Fish and Wildlife Services (liSFWS). These conditions are •detail'ed in the attached excerpt from the BO (attachment A) .and the Corps response t~ the BO (attachment B). Please note that the~conservatiori recommendations (p. ~18) of the BO • would not.be mandatory, only the Terrns,and Conditions beginning on the first page. 2) Other draft conditions will be .prepared specifically by the V: S. Corps of Engineers and will be included as part of a provisional permit to be issued by the Corps around March 9; We • - anticipatethat one condition will `.require the County to simply. reserve approximately ' ~ $;50,000 in the beach nourishment portion of ;the: Room Occupancy Tax Fund on a . permanent basis to provide for maintenance dredging of the Waterway as necessary. This " draft proposals more reasonable than what was originally anticipated. . Essentialiy> all these conditions can be accomplished: Development and .adoption of an . effective dog control .ordinance, however, will- take cooperation with the Town of Wrightsville Beach. The Town Manager has indicated a willingness to move forward with.consideration ofthis effort. . • Please feel free to contact me or Greg Thompson if you have any. questions or comments. ~ • cc: `Allen O'Neal; County Manager Kemp Burpeau, Deputy County Attorney Greg Thompson, Chief Project Engineer . 73 A ~tac~ rye w~" ~ ~ ~ Q ro ~n(, IcA ( C~ PrsvroN ~. ~-° ~ - Terms and Conditions: All Species A report describing the act ions taken to i mplement the terms and conditio ns of this incidental take statement shall be submitted to the Service's Raleigh Field Office, Post Office Box 33726, Raleigh. North Carolina 27636-3726 within 60 days of completion of the proposed ~,vork for each year when dredging or disposal activities have occurred. This report will include the status of the four species - . seabeach amaranth. nesting loggerhead and green sea turtles, and nesting, migrating, and wintering piping plovers -addressed in this opinion and any known impacts, either beneficial or adverse, of the project upon completion of the construction phase and following each maintenance phase, inclusive of the years between each operational event. The dates of actual construction activities and the names and qualifications of personnel involved in species surveys should also be,included. The biological and geographical scope of these reports shall not be limited to areas of actual disposal, but each report shall encompass all areas within the project action area. Terms and Conditions: seabeach Amaranth seabeach amaranth surveys shall be required if any portion of the sediment disposal project ur tilling operation occurs during the period April I through September 3U. ~ Plant surveys shall be initiated prior to sediment disposal and/or tilling activities:'`Ifplanfs are c~tscovered in' areas where they may be affected by sediment disposal, and/or tilling and construction activities. the plants shall be protected by an adequate buffer zone. The protected area shall not identify the plants to protect them from collectors, but shall be of adequate size to obscure the. specific plant site. Terms and Conditions: Sea Turtles 1. All fill material placed on beaches shall be sand that is similar to that already existing at the beach site in both coloration and grain size distribution. All such till material shall be tree of construction debris, rocks, organic materials, or other foreign matter and shall generally not contain, on average. greater than 10 percent fines (i.e:, silt and clay; passing the # 200 sieve) and shall not_contain.,on average, greaterthan ~ percent coarse ;ravel or cobble, exclusive of shell material (retained by the # 4 sieve}. ?. Daily early morning sea turtle nesting surveys shall be required if any portion of the sedirttent disposal project occurs during the period from Ivtay l through November 1 ~. Ne stin~~ surveys shall be initiated 6~ days prior to.sediment,disposal activities or by i~1ay 1, whichever is later. Nesting surveys shall continue through the end of the projector through: November 1 ~. whichever is earlier. If nests are constructed in areas where they may be affected by construction disposal 'activities, egos shall be relocated per the following requirements. 2a. Nesting surveys and egg locations shall only be conducted by personnel with prior experience and training in nest survey and `egg relocation procedures. Surveyors shall have a valid North Carolina Wildlife Resources Commission permit. Nest surveys shall be conducted daily between sunrise and 9 a.m. Surveys shall be performed in such a manner so as to ensure that construction and maintenance activities do not occur.in any location prior to completion of the necessary sea turtle pt•otection measures. • ~J ~~ 41 ~' 2b. Only those nests that may be affected by construction activities shall be relocated. Nests. y ' . requiring relocation shall be moved'no later than 9 a.m. the morning following • deposition to a nearby self-release beach site in a secure setting where artificial IiQhtinQ will. not interfere with hatchling orientation.. Nest relocations in association withV construction activities shall cease when construction activities~no longer threaten nests; - Nests deposited within the areas where construction' activities have ceased or will not occur for 6~ days shall be marked and left in place unless other factors threaten the .. success of the nest. Any nests.left in the active construction zones shall be clearly marked', and all mechanical equipment shall avoid nests by at least l0~tt. The nest site .' shall also be cleared of materials or equipment that.could potentially block passage of hatchlings from leavine the nest and approaching the ocean. ~. `. Irnmediafely after completion of sediment placement on beaches and prior to April 1 for three subsequent years, sand compaction shall be monitored in the placement area in accordance with a ' protocol agreed to by the Service, the State regulatory agency, New Hanover County, and the ' Corps. At a minimum; th e protocot provided under 3a and 3b below sha I1 be foClowed. If ' required, zhe area shah be tilled to a depth of 36 inches. All tilling activity must be completed prior to April 1. If the project is completed during the nesting season. tilling shall not be • ~ perrormed in areas where nests ha"ve been Lett in place or relocated. .A report on.the results.of compaction monitoring shall be submitted to the Service prior to any tilling actions being takep. An annual summary of compaction surveys and the actions taken shall be submitted to the Service.. This condition shall be evaluated annually anti may be modit7ed if necessary to address sand compaction problems identified during the previous year. (NOTE: The requirement for compaction monitoring can be eliminated if the decision.. is made to till regardless ~f post- . construction corrtpaction levels. Also. out-year compaction monitoring and temediation are nut required if placed material no longer remains on the beach.) .. ~ - ' 3a. 'Compaction sampling stations shall be located at X00-ft intervals along the placement ' area. One station shall be at the seaward edge of the dune line (when material is placed ' in this area); and one station shall 6e midway between the dune line and the high water Tine (normal wrack line). ~ ~ . ,` At each station, the cone penetrometer shall be pushed to a depth of 6, 12, and 18 inches -;three titries (three replicates). iVlaterial may be removed from the hole if necessary to ensure accurate readings of successive levels of sediment. The penetrometer may need - • ~ to be reset between pushes, especially if sediment layering exists. Layers'oFhighly ' ' compact material may lay over less compact layers. Replicates shall be located as clvs to each other as possible, without interacting with the previous hole andior disturbed sediments. The three replicate compaction values for each depth shall be averaged to . produce' final values-for each depth at each station. Reports shall include all l8 values for each transect line, and the final siz averaged compaction values. ' . ,~ • 3b: ~ If the average value for any-depth exceeds 500 psi for any two or more adjacent stations; , then that area shall be tilled immediately prior to April I. If values exceeding 500 psi are _ distributed throughourthe placement area but in no case do those values ecist at two "- ~ adjacent stations at the same depth, then consultation with the Service shall be required ` to determine if titling is required. If a few values exceeding 500 psi are present - randomly within the placement area, tilling shall not be required. ~. ~ _ _ ~ 4~ 75. Sand compaction data shall be collected oh beaches scheduled for sediment disposal prior to the disposal operation following the protocols described above. Such pre-disposal beach compaction data would establish a range of values for areas in which sea turtles actually nest. These data would form a valuable baseline for comparison with post-disposal compaction values and could influence the necessity for post-disposal tilling. Visual surveys for escarpments along the project area shall be made immediately after completion of~the sediment placement and prior to April 1 for three subse,guent years. Results of ihe•surveys shall be submitted to the, Service prior to any action being taken. Escarpments that interfere with sea turtle nesting or exceeds 18 inches inheight for a distance of l00 ft shall be leveled.to the natural beach contour by April 1: The Service shall be contacted immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or exceeds 18 inches in height for a distance of 100 ft occurs during the nesting and hatching season to determine the appropriate action to be taken. If it is determined that escarpment leveling.is required during, the ~nes'ting or hatching season, the Service will provide a brief written authorization thardescribes methods to`be used to reduce the likelihood of impacting existing nests. An annual ~ummar~ of escarpment surveys and actions taken shall be submitted to the Service. (NOTE: Out-vcar escarpment monitoring and remediaton are not required if placed material no.longer remains ur. the beach.) ' 6. The applicant shall arrange a meeting between representatives of the contractor, the Sergi ice. the Commission. and the permitted person responsible for eg, relocation at least ~0 days prior to the commencement of work on this project. At least l0 days advance notice shall be provided prior to conducting this meetin;. This will provide an opportunity for explanation andior clarificatiun \`_J of the sea turtle protection measures. 7. From ivlay 1 through November I~, staging areas for construction equipment shall be located uff the beach to the maxim~~m tent nract~c~f~le. Nighttime storage of construction equipment not in 'use shall be off the beach to minimize disturbance to sea turtle nestin~~ and hatching activities. In addition, all construction pipes that are placed on the beach shall be located as far landward as possible without compromising the integrity of the existing or reconstructed dune system. Temporary storage of pipes shall be off the beach to the maximum extent possible. Temporary storage of pipes on the beach shall be in such a manner so as to impact the least amount of nesting habitat and'shall likewise not compromise the integrity of the dune systems (placement of pipes perpendicular to the shoreline is recommended as the method of storage). 4. From iVtay 1 through November l ~, all Iightin;_> associated with the project shall be limited ro the immediate area of active construction only and shall beahe minimal lighting necessary to comply with safety requirements. Shielded lqw pressure sodium vapor lights are recommended to minimize illumination of the hestih'g beach and nearshore waters. Lighting on offshore equipment shall b'e minimized through reduction, shielding, lowering, and appropriate placement of lights to avoid excessive illumination of the water, while meeting :all U.S. Coast Guard and Occupational Safety and Health Administration requirements. Shielded low pressure sodium ' vapor lights are highly recommended for lights ogoffshore equipment that cannot be eliminated. . ~ %. The applicant, in coordination with the Corps and the Service; will implement and enforce a lighting ordinance to minimize the impacts to nesting and hatchling sea turtles. The lighting 7~ 1 43 • • • ordinance shall incorporate, at a minimum, all areas within the action area (i:e:, Figure Eight Island and Wrightsville Beach).. The Service would be willing to assist the applicant in the development of the lighting ordinance (e.g., see Witherington and Martin. 2000). 10 A report desct7bing thejactions taken to implement the terms and conditions of this incidental take statement shall be submitted to Mr: David Rabon of the.Service's Raleieh Field Office within 60 days of completion of the proposed work for each year when activity has `occurred. This-report will include. the dates of actual constructionactivities, names and qualifications of personnel involved in nest surveys and relocation activities, descriptions and locations. ofself- release beach sites. nest survey and relocation results, and hatching success of nests. In the event a sea turtle nest is excavated during construction activities, the permitted person responsible for eQs relocation for the project should be notified so the e,~s can be moved to a suitable relocation site. ~~ ' 1 Z. Upon locating a dead, injured, or a sick sea turtle specimen, initial notification must be made to Mr. David Allen, Non-game Coastal Project Leader for t he Commission, located in Trenton, NC at 2~2-~3-1~~i6 prior to transporting five debilitated turtles to a rehabilitation facilirv or disposing. of carcasses. Cnre shall betaken in handling sick or injured specimens ro ensure effective treatment and care and in handling dead specimens to preserve biological materials in the best possible state for later analysis of cause o f death. In conjunction with the care o f a sick or injured sea turtle or preservation of biological materials from a dead animal; the tinder has the responsibility to ensurz that evidence intrinsic io ahe specimem is not disturbed. The Service believes that incidental take of sea turtles will be limited to the ~.~ linear miles ofnestin~z beach habitat that has been identified for sand placement. The reasonable and prudent measures. with . their irripiemehtin, terms and conditions, are desi~~ned to minimize the impact of incidental take that might otherwise result from the proposed action. The Service believes ,that no more than the followin, types of incidental take will resin' from the proposed action: (1) destruction of all sea turtle nests that may be constructed and egos that may be deposited and missed by a nest survey and egg relocation program .within the boundaries of the proposed project; (?) destruction of all sea.turtle'nests deposited during the period when a nest survey and egg relocation program is not required to be in place within -the . boundaries of the proposed project; (3) reduced hatching success due to egg mortality ,during relocation . and adverse conditions at the relocation site; (4) harassment in the form of disturbing or interfering with female turtles attempting to nest within the construction area.or on adjacent benches as a resu It of construction activities.; (5) disorientation of hatching turtles on beaches adjacent to the construction area as they emerge from the nest and crawl to the water as a result of project lighting; (6) behavior modification of nesting females due to escarpment formation within the project area durin~~ a nesting season, resulting in false crawls or situations where they choose marginal or unsuitable nesting areas to deposit eggs; and, (7) .destruction of all nests destroyed as a result of escarpment leveling within a nesting season when such leveling has been approved by the Service. The amount or extent of incidental. take for sea turtles will be considered exceeded if the project results in.sediment disposal occurring-more than once on the 4S linear miles of beach shoreline identified for sand placement and inlet construction without reinifiatiori of consultation and/or the prior written consent of the Service. [f, during the course of the action, this level of incidental take is exceeded, such incidental take represents new information requiring reinitiation of consultation and review of the reasonable and prudentmeasures provided. The Federal action agency must immediately provide an explanation of the causes ofthe taking and review with the Service the need for possible modification of the reasonable and prudent rrteasures. as Terms and. Conditions: Piping PI'over 1. A monitoring program for bleeding and non-breeding piping plovers ~rnust be implemented; daily during the construction phase and weekly (no less than every six days) when no activity is scheduled.. Monitoring of piping plovers must be initiated immediately, or by March i, 2001, whichever is earlier. A quarterly report must be prepared by the applicant on the previous breeding, migrating, and wintering season data and submitted to the Service and the Commission; an annual report must be submitted by April 30 of every year summarizing the previous year's data. The reports will be reviewed and the scheduled timing and/or tiequencv of surveys shall be adjusted accordingly. The Service and the Commission shall hpprove the timim_ of surveystany protocol for selecting areas to be surveyed, any protective marking or symbolic . fencing-around nests, the establishment of protective buffer zones,'and work restrictions within protective buffer zones. The applicant shall ensure that the monitoring program is adequately funded. .. Monitoring for piping plover nesting may be limited to those areas that match established criteria necessary for the.survival of piping plovers (e.g., accreting areas ar inlets: bayside, sand. and mud flats;:or,.recently disturbed areas such as washover areas), but should include all of Lea and Hutaff Islands, the northern and southem ends of Figure Eight Island, the northern and southern ends of Wrightsville Beach, and all of Masonboro Island. including their corresponding inlets - New Topsail: Rich's. '~~fason, iVlasonboro, and Carolina Beach'Inlets - and"bavside flats. ' Monitoring should be conducted ,daily during the time of territory establishment, courtship. and copulation (iv(arch 1 through Juiy 1 ~) of the construction'vear or durin~~ the construction operations, whichever is longer. In addition to nesting pair counts and productivity.data, monitorine of breeding sites should include other information important to determine of site .protection needs. Whenever possible, data collection should include (liSFWS. 1996x): .• , a. dates when monitoring began and ended: ' b:' nesting chronology (dates when plovers were first seen on the site, nest establishment dates, dates when unfledged chicks are present on the site); c.~ locations of nests and brood foraging territories: d. known and suspected causes of nest and' chick foss; e. ,indices of predator abundance; ' f. locations~ofcommonly used foraging areas during each stage ofthe breeding evcle; ,and, g.. use of the site by post-breeding of migrating plovers. The applicant, in coordination with the Service and the Commission. should develop a plan to protect piping plover nests in the project area. The protective plan should implement appropriate protective measui:es (e;g:, post and fence nest areas) to restrict access of people: a nimals. vehicles, and other machinery and/or equipment to nests anti chicks, but not restrict movemehts of the .adult and juvenile birds. Typically, a buffer zone of approximately 500'.. ft (1 SQ` m) is required~to protect nest s and juvenil es prior to fl edging. ~ ' Monitoring .for non-breeding plovers shotild.be conducted weekly (no less than every six days.) during the migrating and th'e overwintering periods (July l5 through March 15) and year-round :during years when no activity is scheduled. Piping. plovers exhibit diurnal shifts in habitat use; therefore, observations should be conducted for the minimum amount of daylight hours, including 30 minutes after sunrise to 30 minutes before sunset; and should be evenly distributed 4 5 `', 7~ • throughout this period, including a wide range of tidal conditions and habitat types. The amount of time necessary to survey each site will depend on the amount and type of habitat to be covered; .areas should be surveyed slowly and thoroughly. . Monitoring piping plovers can be difficult because they appear to depend on a'variety of habitats. ' and habitat use varies depending, on tidal regime, weather conditions, season, and disturbance. Plovers are ofren found in tight clusters'onprime feedingsites,.and maybe overlooked, especially in large shorebird concentrations. While some ornithologists find.censussing of plovers on roosting habitat to be the most efficient (Fussell, 1990), an inexperienced eye may ` easily miss a cluster of roosting plovers because they are often huddled down in the sand or ' along the wrack line (Eubanks, 1992j. Monitoring should not be conducted during poor weather (winds > 25 mph, heavy rain, severe cold) since birds-may seek protected areas during these ' times. The Corps. the Service, and the. Commission should coordinate on the exact data to be collected . by the monitoring program. At the very least, these data should include: (I) the date._time: and . . ' location_of each observation: (2} the number ofbirds seen: (3) the microhabitat of the occurrence (e.g, sand and mud flats, beac h, etc.); (4) the. activity of the birds (e. e., foraging, roo stin" courtship, brooding rearing, etc:); and, (5) any visible markings or identifying features (i.e:, le~_ bands). Observers should be able to recognize bands on piping'ploveis from an.v of the three. • breeding populations, but specifically the endan~~ered Great.Lakes population. -['he presence ut birds fromthe Great Lakes population should be reported immediately to theSeivice and the . Commission. '• The applicant. in coordination with the Co sand the ervice w'' ~v - rp S ul d~ tse-and implement a plan to minimize the impacts to nesting piping plovers during the initial construction phase. to include: (1) minimizing the amount of heavy equipment in the project area at any given time: (~) ' not storing heavy equipment within the projecrarea: (3) minimizing the spatial extent of the work area; and, (4j cordoning-off an area to remain undisturbed during construction activities. 3. The applicant will devise and implement a program, including enforcement, to restrict access to ' 'the sand spit, sand and mud flats, and bayside flats within the project area (southern Figure Eight ', Island and northern Wrightsville Beach).throughout the year upon completion' of the construction ' operations. The restrictive access program shall consist of a barriersystem. including a rope or . fence partition and/or signs, clearly marking the area prohibiting,human or pet admittance:' [n addition, 'the applicant, through the implementation of an ordinance or other regulation, shall ` . .enforce the program restricting access to the area. The Service would be willing to assist in the developmentof restricted access suns.°. 4. Both`the Service and the Commission shall be notified before any additional dredging, sediment placement, or other construction activities not covered•in this opinion occurs in Mason Inlet or on Figure EighrIsland or Wrightsville Beach. The notification shall include, but not limited to, species monitoring data previously collected, all available information on the material to be ` removed, the deposition site, and the procedures to be used to~move the material.. Additional' construction, maintenance, or disposal activities are not covered under this opinion without-prior written approval from'the Service. ~. 46 ~ g. The. person(s) responsible for monitoring piping plover nesting shall develop specific procedures for notifying the Service's Raleigh Field Office {Mr. David Rabon. 919.856.=1520 extension 1 b~, the Commission (Mr. David Allen, 252:448.1546), and the Corps (Messrs. Jeffrey Richter, 910.251.4636, or Keith Harris, 910.251.4631) in the event that construction activities result in the direct take (killing, harming. or maiming) of a piping plover. The Service, the Commission, and the Corps-shall develop a standard protocol for handl'ingdead piping plovers found during the monitoring program. This protocol shall be directed at determining the cause of death and ensuring that all banding data are recorded. The Service believes that incidental take (harassment and harm) will be limited annually to no more than one (1) nesting pair of piping plovers on the approximately 27,562.500 fr.(6» acres) of sand spits. sand and mud flats, and tidal salt marsh.and creek between Figure Eight Island and Wrightsville Beach that have been identified for co nstruction operations . The Service al so believes th at incidental take (harassment and harm) of piping plovers will be limited to approximately 27,562,500 fr (633 acres) of habitat loss directly impacted within the project area boundaries and an additional undeterminable amount of sand spits, sand and mud flats, and tidal salt marshes and creeks indirectly impa'iaed on Lea and Hutaff Islands. Figure Eight Island, Wrightsville Beach', and titasonboro Island that;have been identified within the action area. The reasonable and prudent measures, with their implementing terms and coriditions, are designed to minimize the impact of incidental take that might otherwise result from the proposed action.. The Service believes that no more than the following ~tvpes of incidental take will result. from the proposed action: (1) the loss of nesting opportunities within the project area [hat are designated to receive sand placement or be dredged due to disturbances associated with construction. activities: (2) disturbing or interfering with piping plovers attempting to nest. fora_Te. or roost within the project area or on adjacent beaches as a result of construction activities: (.) disturbing or interfering with piping plovers attempting to nest. feed. or roost within the project area or on adjacent beaches as a result of increased recreational, pedestrian or.animal traffic; (4) behavior modification of piping plovers due to disturbances associated with construction activities withiri~theproject area during the nesting season. resulting in failed nest attempts or situations ,where they choose marginal or unsuitable nesting areas: i ~ i decreased survivorship of nesting piping plovers due to diminished quantity and quality of foragin~~ habitats at the newly created inlet, compared with flood tidal deltas at naturally functioning and migrating inlets; (6) disturbing or interfering with piping plovers attempting to forage or roost within the . project area or on: adjacent beaches as a result of increased recreation al, pedestrian or animal traffic: (7) behavior modification of piping plovers during the migrating and wintering seasons due to disturbances .associated with construction activities within the project area, resultin'~ in excessive energy expenditures. displacement of individual birds, increased foraging behavior, or situations where they choose marginal or unsuitable resting. or foraging.. areas; and, (8) decreased survivorship of migrating and wintering piping plovers due to diminished quantity and quality of foraging habitats at the newly created inl'et,~compared with Hood tidal deltas at naturally functioning and migrating inlets. The amount or ezteni of incidental take for piping plovers will be considered exceeded if the project results in the take (harass or harml of more than one (l) nesting. pair of piping plovers and/or construction operations (including sediment disposal, dredging, etc.) occurring more .than 'once on the approximately 27,562,500 ft='(63'3 acres) of sand spits, sand and' mud flats, tidal salt marsh and creek, and oceanfront shoreline of Figure Eight Island and Wrightsville Beach. that have been identified for the proposed dredge and sediment disposal operation. If, during the course of the action, this level'of incidental take is exceeded, such incidental .take represents new information requiring reinitiation of consultation and review of the reasonable and prudent measures provided. The Federal action agency must immediately provide an explanation of the causes of the taking and review with the Service the need for possible modification of the reasonable and prudent measures. ® 47 ~. . ' ~ ~ CONFERENCE OPINION After reviewing the current status of the piping plover, the environmental baselinz for the action area, the , effects of the proposed Mason Inlet Relocation Project and the cumulative effects. it is the Service's conference opinion that the i~tason Inlet Relocation Project is not likely to destroy, or adversely modify proposed critical habitat for ovenvintering piping plovers when one of the reasonable and prudent alternatives is implemented. .. CONSERV~,TION RECOivI~'I-ENDATIONS Section 7(a)(1) of the Act directs Federal action agencies to utilize their authorities to further the purposes of.the Act by carrying out conservation programs for the benefit of endangered and threatened species.. Conservation recommendations are discretionary a~encv activities to minimize or avoid adverse ' effects of a proposed action on listed species or critical, habitat, to help implement recove:-y. plans. or ' develop 1iinformation. For the benefit of seabeach amaranth, the' Service recommends the fo llowin< conservation . recommendations: 1. . • The applicant should monitor seabeach amaranth for a minimum of three years followine ,sediment disposal activities on all actual or potential beach disposal sites in_ order to determine the status of the seabeach amaranth population in the action area and the effects that this project has on this species. Surveys should be conducted annually in late July or -~u~;ust so that the number of plants reaching reproductive age can be determined. -This ,info r-maaon should be used . to direct future sediment disposal activities so that seabeach amaranth will .not be impacted by future projects. A detailed"report documenting the number and location"of plants found should be submitted to the Service annually following each survey. ' ~ ~', When sediments are scheduled for disposal of on project area beaches, the material should be placed in a manner which would not harm existing seabeach amaranth plants. These precautions would include efforts to prevent the deep burial of plants. 3. Educational signs should be placed where appropriate at beach access points exp'taining the ' ~ i.mportance of seabeach amaranth for the stabilization of the duru: system and/or the life histor of-seabeach amaranth in the area. ' • ' For the benefit• of sea turtles (loggerhead and green), the Service recommends the followim~ conser~ r. • recommendations: • 1. Surveys for nesting success ofsea turtles should be implemented for a minimum of tr°e years following sediment disposal to determine: whether sea turtle nesting success has beer...d~. °rsely ' impacted. A coordination meeting prior to-the commencement ofsea turtle nest moat.: ~ .:;g should provide an opportunity for the applicant; the Service; and the Commission to discuss ' additional data collection during the program.. This meeting should allow the discussion : F' .; ,ta needs and funding possibilities for such measures as Global Positioning System coordin ~ : ; .:ar each crawl and frequency of tidal inundation for each nest. ' ~~ 48 ~.~ ?. Educational signs should be placed where appropriate at beach access points explaining the importance of the area to sea, turtles and/or the life history o f sea turtle species that nest in the area. The Corps, in cooperation with coastal counties, the Service, and the Commission, should implement and enforce a lighting ordinance,, management plan:. and/or condition with each' coastal county to eliminate or reduce the amount of artificial lighting effecting. nesting sea turtles and/or hatchlines. v ~. Sand compaction data should be collected on all beaches scheduled for sediment disposal prior to the disposal operation.. Such pre-di posaI beach compaction data would establish a ranee of values for areas in which sea turtles actually nest. These data would:form a valuable baseline for comparison with post=disposal compaction values and could influence the necessity .tor post= .disposal tilling. In addition to monitoring sand compaction and escarpment formation. the Corps. in cooperation with the Commission aiid local sponsors of•all sediment disposal projects in'Nonh Carolina. should design and fund a research program to determine the long-term effects ofb'each disposal on sea turtle nesting success. This program would collect and analyze data on. the physical biological, and chemical characteristics of disposal andnatural beaches and the data examined with regard to sea turtle reproductive success. The Qoal of the effon would be to develop methods for minimizing the adverse impacts of sediment disposal activities on sea ttinl~ j reproduction. ~ ~f 6. Construction activities for similar future projects should be planned to take"place outside of the main part'of the sea turtle Westin; and hatching season. For the benefit of the piping plover, the Service recommends the followin~a consecration recommendations: The Corps should endeavor to create and maintain suitable piping plover hestine,'migrating, and ovenvintering habitat.. Natural accretion at inlets should be allowed to remain. Accretin<_ sand spits on barrier islands provide excellent foraging habitat for nestine, migrating. and overwintering plovers. The Corps should fund monitorin~~ surveys for nesting, miyratin~z, and wintering pipin~~ plovers on and around all beaches and inlets outside the action area of"this project that currently receive. or are scheduled to receive, aFederally-maintained sediment disposal or inlet dreds~ing project. This data would assist the Corps and the Service in determining the tong-term impacts these routine activities have on thisspecies and their seasonal use of these sites, and would be important in developing protective. and operational measures to assist in recovery of the species. The goal of the effort would be to develop methods for minimizing the adverse impacts of sediment disposal and inlet dredging on piping plovers. A detailed report documeriting the number and location of birds found and the behavior they were engaged in should be submitted to the. Service annually following the wintering!migrating• season. ~ • ~~ 49 -~ . .. , ~ .. .' J " 3. A conservation/education fact sheet or display sign would be helpful in educating local beach . users about the coastal beach ecosysterrr and associated rare species. The tact sheet/sien could , highlight the .piping plovers life history and basic biology and ways recreationists can assist in " species protection efforts (e:Q., avoiding nesting sites, keeping pets on a leash, removing trash to ' ` , sealed refuge containers, etc.). The Service would be willing to assist in the development of such a fact sheet/sign,in cooperation with the Commission, interested non-~zovemmental stakeholders (i,e., National Audubon Society, North Carolina Coastal Land Trust), the Corps. and the other - interested`stakeholders (i.e., New Hanover. County, property owners, etc. ). In order-for the. Service to be kept informed of actions minimizing or avoiding adverse effects or ` ' benetlttirig listed species or their habitats.: the Szrv ice requests notification of the implementation of any , conservation recommendations. REINITIATION ~iOTICE - :This concludes formal consultation and conference on the action outlined in your request for formal ' consultation/conference for the Mason Inlet Relocation Project. As provided in ~0 CFR ~. -'f1)=. l6. . reinitiation of formal consultation is required where discretionary Federal a«encv invol~~ement ur codtrol over the action.has been retained (or is authurized:bv law) and if: -(1) the amount or cxterit of incidental ` take is exceeded; (2) new information reveals effects of the agency action that may affect listed species . or critical habitat in a manner or to an extent not considered in this opinion: (3) the agency action is subsequently tnoditied in a manner that causes an effect to the listed species or critical habitat not - considered in this opinion; or, (~l) a ne~.v species is listed or critical habitat desi~~nated` that may be affected by ttie action. In instances where the amounror extent of incidental take is exceeded am . . operations causing such, take. must cease pending reinitiatioh. , You may ask the Service ro confirm the conference opinion as a bioloeical opinion issued through formal - - consultation if the overwinter piping plover critical habitat is desinated. The request must be in writin~~. . If the Service reviews the proposed action and finds that there have been no si~zniticant changes in the ., action as planned or in the information used during the conference, the Service wig-confirm the ° conference opinion as the biological opinion on the project and no further section 7 consultation will. be ' necessary. ` After designation of critical habitat for overwintering piping plovers and any subsequent adoption of this conference opinion, the Federal action agency shall request reinitiation of consultation if: (l ~ the amount ~ - . ~ orextent of incidental take is exceeded: (2) new information reveals effects o.fthe agency action thatmav affect listed species or critical habitat in a manner or ro an extent nor considered in this conference . gpinion; (3) the agency action is subsequently modified in a manner that causes ari effect to thelisted species.or critical habitat that was not considered in this conference opinions or,~(4) a new species is listed or critical habitat designated that may be.affected by the action. ~" ' The incidental take statement provided in this conference opinion does not become effective until the ,species is listed and the conference opinion is adopted as the biological opinion issued through formal ° . •, consultation. At that time, the project will be reviewed to determine whether any take of the habitat has occurred. Modifications of the opinion and incidental take statement may be appropriate to reflect that take. No take.of the habitat may occur between the designation of critical habitat and the adoption ofthe conference.opinion through formal consultation, or the completion of a subsequent formal consultation. ~ ~ - { . . S Q ~ q t-~ A c, ~ rw ~ ~~ $ ~' .. ~~~ ; DEPARTMENT OF TNE~ARMY • WILMINGTON_DISTR{CT, CORPS OF ENGIN~EAS P.C, BOX 1890 WILMINGTON, NOA7W CAfioUNA 26402.1890 , ' ~ W AEPLY nEFEA70 February 27, 2001 Regulatory Division Action Tp No. 19990102 Dr, Garland Pardue, Field Supervisor Fish and Wildlife Service US Fish and Wildlfa Service • Post Office Box 3372b Raleigh, North Carolina 27666-3726 Dear Ur, Pardue; , Thanlc•you for providing us with a copy of the February 9, 2001, draft Biological/Conference opinion (B•0.) on the effects of relocating Mason Inlet on seabeach amaranth, loggerhead and green sea Turtles, and piping plovers, adjacent the Atlantic Ocean and Banks Channel, between Figure Eight Island and Wrightsville Beach, in New'E-Ianover County, North Carolina. ~ , Based on our review, we would request that the foClowing comments and suggestions be considered iii preparation of the final 8.0.• Please provide the final B.O. ~o ~,s by i\,~larch 9, 2UU I , Page 4, B. !'roject Design; The 17.5-acre sediment basin described in lines 4 and 6 serves as the sediment traps described in line 3: The description as written suggests the basin and traps are separate features, Page I9, 1.. Location, I'~ paragraph; Please explain the rationale used for determining that the project area extends to approximately.-30 fl NGVD. In addition, please,~xplain the rationale used to calculate the prajeet area a5 containing approximately 1,9I 0 acres of beachfront and inlet shoreline and approximately 738 acres of sand spit, sand and mud flats; and. tidal salt marsh and creek. • 2°`' paragraph, 16`h line: We disagree that the action area for indirect impacts includes the entire area as staled in this section,. specifically Masonboro, Loa, and H^tatf Islands. It is our''- opinion that the area to :be considered for indirect impacts should be limited to suitable habitat on Wrightsville `k3each and Figure Eight Island, and directly adjacent to Nlasonboro, Mason, and 12ich Inlets. ~~, - Page 20, 2. Land Ownership/Access, lines 7 and 8: The Hutaff Trust owns the property i,n,nediately north and south of the new inlet corridor. .. ~. 9 Pa~e'21, 1'~ .paragraph, line„T:~ The word "may" should be inserted between the words "area" and ~ . . "have". The B.O. does not support the premise that beach shoreline and inlet stabilization eilorts `have had profound effects on endangered species. Possibly the natural events discussed in prece`din~ and following sections have caused the profound effects, ` ~ ~ .:2nd paragraph; line 7' On or about February 2,.2001, Figure fright Island was issued DA .,permit authorization to dredge Nixon Creek~Rich Tnlet (ATD 200000710 and 'State .permit 6-01), At this time, .they ai•e not pursuing authorization for dredging the three spoil islands near Nixon Creek(A1ll200100063). . . ~ ; Page 25; 1st paragraph, 2"d and~3rd sentences: These two sentences are not supported in the B.O. ' tend, as stated in the last line of the paragraph, are not supported by data, The subject- statements -should b~ rewritten to reflect this iacic of data, Unsupported opinions should be identified as such or.not included in the document at all: ,: Page 26; initial. paragraph fragment, la5t'sentence: This conclusion is not supported in the: 8.O, « ~, ,; << » Therefore, may ,should be: inserted between actions and -have at the beginning of the sentence. - 1st complete paragraph,-last sentence: "This statement, should be supported,areferred to as - ~ ~ opinion, or :deleted: - Distribution, 151 sentence: This statement is not supported in theB,O. Therefore, the word "will" should be replaced with the word."may". Timing, l"` sentence:., This statement is not supported in the B,O.. Therefore, the word "will" should be replaced with the word `'may". Page 27, Nature of the Effect, 16t and 2nd sentences;-"These statements are not supported in the B.O..Therefore, the terms "are likely to" .and "are. also likely to" should be replaced with the ' word "may", Disturbance intensiy and.severi~, line 8: This statement is not supported in Che B.O., therefore the word"are", between "Carolina" a.nd "much" should be replaced with the word ~:may~, Page 43, TGnits and. Conditions, Sea Turtles' - ` F ~ l.tem 9. 'fhe Corps cannot require the implementation of a lighting ordinance. ~ The applicant has elected to voluntarily investigate the. development of such an`ordinance on both Wrightsville Death and Figure Light Tsla.nd, However, the succeswfi~l implementation and enforcement of such an ordinance are not enforceable conditions of any issued DA permit. ` Therefore, please remove this requirement from the terms and conditions. , ~5 2 FJ Page 44, final paragraph, line I7~20: If additional, sediment disposal in the action area occurs between November 16 and April 30 of any year, shouldn't that only require an extension of surveys and remedial•actions for both cscarprnent-and sand compaction investigaiions? Neither nests nor egg laying females are present during this time, therefore, an incidental take could not occur. Pale 45; l y` .paragraph, line 3: An enforceable permit condition for the implementation of piping plover monitoring; can only begin upon thz actual permit's issuance. The applicant must agree with the Service to implement monitoring prior to the date of any issued permit. Therefore, please remove this requirement from the terms Ind conditions, - Page 46, Condition 3: The Corps will not include this requirement as a condition of any issued permit. The applicant has voluntarily agreed to investigate implementing such a program'. However, these restrictions cannot be placed on private property (Hutaff Trust property on either side. of the proposed inlet location) therefore, public education will likely be a major componenC of any pragratn. In addition, efk~ctive enforcement of such a policy is questionable. "fhc applicant has indicated that they wit}pursue altcrna.ti~'~s io the B.n. ce~nclitic~n that Luc h~,lli et~ective and practicable on~Wrightsville Beach and Figure Eight island. -. Page 47, final paragraph, 1" sentence: 1'he Service believes that incidental take of piping plovers will be limited annually to otae nesting: pair. The remainder of the page, in addition to discussion occurring on T~eb, 14; 20Q1, implies that the completed project automatically meets :this "take"•.. threshold. 1'he applicant's proposal includes the performance of maintenance over 30 years oT the project life, it is understood that the Service believes that rcinitiation of formal consultation will be required far any work following the initial project construction, Because of the B:O. wat'dlni~, Ill addition to discussion Burin`, the February, ]4 meetin~~, should the C'clrps decide rr issue a permit, permitted work would be limited to the tmel'rame covered in the B,O:~ The 13..0. includes evaluations of the project aver the entire 30 years. "Therefore, reeluring consultation after the initial construction is not consistent with the evaluation in the B.O. Any maintenance wauld require a request liotn the applicant in accordance with tHc moriitorin~'and ot}ier requirements in the permit:canditions. Similarly; conditions for.monitorinl; and reportinb , contained within the B.Q. also, provides protections for the Service to request consultation' reinitiation, if the Service deems it appropriate. The Corps disagrees that one nesting pair of piping plovers will automatically occur as a result of the initial construction of the project, especially considering the lack of data for both winterinb and nesting piping plover populatians. The applicant has agreed to conduct plover monitoring priar to, during, and following initial project construction; The reaults ofthis monitoring will assist in determining whether the project actually does impact the species, Based on permit conditions requiring monitoring,. combined with the: applicant's willingness to conduct it, the B,U. should address the entire 30-year life of the project including maintenance events: Upon proof of an actual take; .consultation~should. and would be reiniriated, and tht l~n permit,would have to be modified, prior to any future work. An additional eancern discussed on this pale is the Service's estimated affected plover { ~6 habitat of approximately 633 acres. As addressed in this document's discussion ol'pagc 1~J ut' ~, ~' . the B.O., we believe.thc estimate is too high.- Therefore,-rationale supporting this figure is requested to be incl'ud'ed. Page 49, item 3. A~ previously addressed, any issued Corps permit cannot require the applicant Co implement a lighting ordinance, This concludes our review ofthe draft B.O. and recommendations for changes in-the fnal B.O. Thank you fa- providing us the opportunity to review this document, Should'you have any ycicstions, ple<~.se contact Mr. Jeff Richter at telephone (910) 251-4636, - ` - Sincercl , - ' ..Wayne rig Chief, Regulatory Division Copy furnished: - - - ivtr. Dave Weaver Assistant County Manager New Hanover County 320 Chestnut .Street, Room X02 - Wilmington,. North. Carolina .28401-4045 ~~ 4 This page intentionally left blank} ~, 88 ~ fVEW HANOVER COUNTY BOARD Of COMMISSIONERS REQUEST FOR BOARD ACTION Meeting.Date: 03/12/01. Regular Item #: 12 Estimated Time: Page Number: ' Department:. Engineering Presenter: Greg Thompson . Contact:. Greg Thompson SUBJECT: , - v Dredge Work for Mason Inlet Relocation Project Contract # 01--0280 ' BRIEF SUMMARY:. On February 14, 2001, New Hanover County received three (3) bids for the relocation of Mason Inlet. The responsive low bidder for this project was Koester Equipment, Inc. with a bid amount of $4,985,076.51: Due to the limited time frame established by the regulatory agencies for . completion of this work, it is imperative that completed contracts be in place'as soon as possible. The current `window for construction is April 9;-2001 to July 31, 2001, In order to issue a Notice to Proceed on April 9, an executed contract;with bonds and appropriate insurance will need to be ' in hand. This process typically, takes three to four weeks. Please note that under no circumstance.. will actual construction start without the appropriate permits and in fact'the contract will be terminated in the event that all permits are not obtaihed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the contract #O1-0280 be awarded to Koester Equipment for the dredging of Mason.lntet. `Additionally, approval of the associated budget amendment #200131 for $6,415,646 is required. The source for this budget amendment; the room occupancy.tax fund, will be fully reimbursed by special assessment upon completion of the project. 71~ FUNDING SOURCE: /'~ Room Occupancy Tax ATTACHMENTS: . Letter of Recommendation from ATM Certified Bid Tabulation ..; ba01-31. ' . 'REVIEWED BY: , . .LEGAL:. FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: - COMMISSIONERS'ACTIONS/COMMENTS: ' ~~UtVT'~ CONIMi~S~Q.. . ~~ APPROVED ~~xecc~,e~cr~n-Frad ~wrkv, ew~u;~.. ' REJECTED. p "PP,B A s~ I~urv-~i}~j.~a~ravs~, REMOVED ~ ._ • ~STPO~EI, ~ . ~ ~9 - ~t~RO ~ . ~s, ~ ~~ U....d~; I n o-f-- ce ~ted ~ S ~ ~S u.t-d , y NEVV HANOVER COUNTY BOAR® OF COMMISSIONERS REQUEST FOR BOARD ACTION ~~ Meeting Date: 03/12/01 Budget Ara~endment DEPARTMENT: Room Occupancy Tax Fund/Mason Inlet Relocation Capital Project BUDGET AMENDMENT #: 2001-31 ADJUSTMENT ~ DEBIT. CREDIT Roorti Occupancy Tax Fund: Appropriated Fund Balance ~ ~ $6,415,646 - . Transfer to Capital Projects ~ ~ $6,415,646 Mason Inlet Relocation Capital Project: Transfer in from ROTS Fund $6,415,646 Capital Project Expense $6,415,646 EXPLANATION: To budget additional transfer from Room Occupancy Tax Fund to the Mason Inlet Relocation Capital Project to pay for the relocation of the inlet. Koester Equipment, Inc. was the low bidder. ADDITIONAL INFORMATION: APPROVAL STATUS:.., To be approved by Board Of Commissioners V ® '~.~ • t t ' ..5.. ~ • .t .i • ie -1 , a ~. • ` '. ~ ~~~~ ..- ~ February 16, 2001 APPLIED TECHNOLOGY & MANAGEMENT • ~ OP NORTH CAROLINA; tNC. Mr. Greg Thompson ~ . New Hanover County , 414 Chestnut St. Room 101 Wilmington, NC 28401 ~ , .. ' Mr. Thompson, . ~ We have tabulated. the bids received on February 14, 2001 for the Mason Inlet Relocation Project. The apparent lowest qualified bid of $4,985;076.51 u~as received from Koester • . ;Equipment Inc.. We have verified that the Bid Bond Company, St Paul Surety, has an.A+ rating with AM . Best Ratings Service. We-have checked references for Koester Equipment, Inc. and have ' :had received positive recommendations regarding performance, equipment maintenance,, 'and safety. , f ~ . ~ We recommend that the County'proceed with awarding the contract to Koester ..Equipment,=Inc., - Should.you have any questions, feel free to contact our offices at 762-0800 or 1-800-275- 6488. ' ,~ ~SincerelY, ~ - ,- , ~ ~;%• ..- - __. . , _-.~ ;" ~ ~ ~ ~ _ _ _. / ~\ Chris-Gibson, PE Applied Technology and Management Cc: Karyn Erickson, ATM - . ' 201 North Front Street, Suite2Ql - ~'~: Wilmington; North Carolina 28401 ' ~ ~ ~ TEL (910) T62-0800" FAX (9~I0).762-6250 ~C:\Mason Inlet\Bid~Certification.doc. 92 c ° ° °o ~ A ~ ~ 7 m ~ O O O F- W ~ U m N o m o n. °o _ o C O ~ c0 b9 C ~ O ~ m v U a m ~ (~ `~ y O A O 67 io N U ~, E ~ ~ O M C. F W ~ '~ d O 0 N _~ Y V ~' (`] U O d ° W 'C N ,O . O ~.C C L Z ~ ~ r .+i ~ C m O r Y N G. 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O a ~ y ~n m o cp m . m m m m m G o m v ~ m a m w .- w N ~,v Q v. to ~i m w tq ~ to - '^ a ° : 0 o O N ~n m d 0 o N a : ° E o N m m v m ro vi y N ro N o o v m v ~ a m a a m d a M a. a m `'' ~ vmi o rn ~ ~ m c K m c x iv m Q o u~ Q °~ ~ Q ~ ~ N U Z rn m ~ ~ o T A a E c E 0 U ' ~ ~ C ' Z Ol C ~ N C ~ 5 ~°°' n E p O o U ~ ''~ U U m `a ~ O O ' Z Y F `~, \~ v v c m n~ S E e+J T O ~ u c ~ L d U ~ d m~ E _ a a °~ ` v o ~.Q c E U ~ ~ ~T'his gage intentionally le, ft blank} 96 1~EVV HAIVOVER COUNTY BOARS OF COMM1SSlO1VERS ,_ REQUEST FOR BOAR® ACTION Meeting Date: 03/12!01 .~' ~ . Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F': Harrell Contact: Lucie F. Harrell .' S'U BJ ECT: Water and Sewer Agenda -Approval of Minutes SRIEF SUMMARY; Approve minutes of the Regular Meeting, February 19, 200T . . RECOMMENDED. MOTION AND REQUESTED ACTIONS: Approve minutes. . FUNDING SOURCE: ATTACHMENTS:. ' ITEM DOES NOT'REQUfRE REVIEUV ~ ' ~~ COUNTY. MANAGER'S. ENTS AND RECOMMENDATIONS: ' ,Approve minutes_ COMMlSSlONERS' ACTIONS/COMMENTS: _ - ~QUIi9T'~ ~QE~~a~® ''~ APPROVED LLB ~. A 'REJECTED Q ' REMOVED ~ '~ ~. ~ BEARD ~ ' ~J / ~~~ a ~~ {7'lais page intentionally left, blank} ~;,~ ,~ w. ~' Gul..u~ ~ .~ ~ -,a . ~ ~~t9~t~~'~? ~ ~~.,, 9~ ;,, ~~~~~~~ CONSENT AGENDA NEW HANOVER,COUNTY BOARD OF COMMISSIONERS MARCH 12, 2001. ' ITEMS OF BUSINESS PAGE N.O. 1.. Approval of Minutes • 101 2. Adoption of Resolution Requesting Governor Easley to Remit Obligated Funds to 103 ' Cities and Counties • 3. Approval of Unified Domestic Violence Unit Grant Application to Governor's 107 Crime Commission • . '4. Approval of Request to Apply for amini-grant from NC Division of Emergency 121 Management for EOC improvements. . 5. Approval of Request to Apply for FEMA and State Emergency Management Grant 123 Funds to Support Domestic Terrorism Planning, Training, Exercising and Equipment 6. Approval of Request to Apply for a Mini Grant from NC Division of Emergency 125 Management for Hazardous Materials Planning 7: Approval of Veterans Park Change Order to Contract #00-0297 Maintenance 127 Facility/Irrigation System 8. ~ Approval to Accept Possession. and Control of Abandon Delgado Cemetery 129 ° : 9. Adoption of Resolution from Bank of America and Approval of Signature Card 13~ ' ~ ~ Adding Names of Individuals Authorized to Complete Financial Transactions. for the Sheriff s Department Civil Bank Account ' 10: Adoption of SR-2 Resolution Requesting NCDOT to Add Roads in I-luntington 137 Forest Subdivision to the State Highway System ,o-l~ I1. Approval of Request for Fundi~ig for Development of Criminal_Justice Software and 139 approval of Budget amendment #2001-28 12. Appointment to the Region O Area Agency on Aging Advisory Council acid the 141 u. New Hanover County Home and Community Care Blocl< Grant Advisory . Committee l3. Approval of Criminal Justice Partnership Program Continuation Grant, I4~ . 14. Approval of Budget Amendment 301-0148 ~ 147 • IS. Approval of FY00-01 Approval of personnel ..policy Amendment- Article I .Sec 2(3) 149 EEOC Grant and Approval. of Associated Budget Amendment #O1-0T46 . 16. Approval for Disposal through exchange of a 1992 Chevrolet Caprice Law 151 Enforcement Package Car with a 1994 Ford F350 Type 1 Ambulance. Exchange of `~ Vehicles Between County and the New Hanover Regional 1Vledical. Center and • - • ~ Approval of Associated Budget Amendment#01-0147 l P i A A i l I S ' A o d 17 . pproval f Personne ol men ment - rt c e , ec 2(e) _ cy 155 18. Approval of Removal of Old Jury Cards from 1995-1996 1.57 {This page intentionally left blank} o® --; NEW~NANOVER COtlfVTY BOAR® OF GONiMlSS101VERS REQUEST FOR- BOARD ACTIOfV ~Me.eting Date:. 03/12/01 Consent Item#: 1 Estimated Time: Page:Number: ,Department: Governing Body . Presenter: Lucie F. Harrell Contact: Lucie F. Harrell ,SUBJECT: ApprQVal of Minutes :BRIEF°SUMMARY: - Approve, the following sets of minutes: Mason Inlet Relocation Project Work Session, February.~15, 2001 _ ' Regular Meeting, February 19, 2001 . -RECOMMENDED MOT10N AND REQUESTED ACTIONS: ' Approve minutes. FUNDING SOURCE: ' 'ATTACHMENTSz ' ITEM DOES NOT REQUIRE REVIEW ' COUNTY MANAGER'S MMENTS AND RECOMMENDATIONS: - ' Approval minutes. . COMMISSIONERS' ACTIONS/COMMENTS: ,. '. APPROVED REJECTED p EMO ,VED POSTPONED ~~~101 , ~EARi~ t . ' ~~ 1'~~?r {This page intenti®nally left blank} „~K- ~~,-,~-, ;~< ;~-, ~3:x a `~~~';~~ ~:° ~; ~~~ ~~ .~~ ". ~1EW HAtVOVER COIJNT•Y~BOARD OF COiV1~VlISSId3NERS REQUEST .FOR BOARD ACT101V ,_ Meeting, ®ate:.03/12/01 ` '~ . Consent Item #: 2 Estimated, Time: Page Number: Department: County Manager ~ .Presenter:. Contact: Allen O'Neal • SUBJECT:. Adoption ofi Resolution Requesting Governor Easley t_o~Release Fund ~to Cities .~ and Counties and to Enact Revenue Options for Loca! G®vernments. BRIEF SUMMARY:' Attached is a resolution and letter from Catawba .County regarding the release of reimbursements from the State. Catawba County suggests afl counties adopt simPlar resolutions and submit•tKem to the.. governor. RECOMMENDED MOTION AND REQUESTED ACTIONS Attached is a resolution specific to New Hanover County .FUNDING SOURCE• A'TAC~IMENTS: , . t~1~~ ~~'~ -u " ~ resolutionstatefu JTEIVi DOES NOT REQUl~RE REVIEW ~ • . .., COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Adopt attached resolution and submit to Governor Easley:,„ COMMISSIONERS' ACTIONS/COMMENTS: ` " . • ~iPPROVE® ~ • REJECTED [7 ;. ~. • ~ REMOVED ~8 1 ®~ ; - - POSTPONED ~ t~E,4RD /~ -- RESOI.,IT~'I®N NEW IIANOVER OOT.TNTX BOARD Off' COle'IIVIISSIONERS WHEREAS, North Carolina cities and counties have a tradition of promoting. the highest ideals of good government and accountability to the citizens of this state; and WHEREAS., fiscal responsibility is consistently demonstrated by each unit of local government developing and adhering to a budget balanced between revenues and expenditures for the services demanded by the public; and WHEREAS, a major revenue source used to maintain these balanced budgets has .been the reimbursement of revenues lost~due to actions of the North Carolina General assembly that have consistently eroded the tax bases~of these local governments; and ' WHEREAS, the Governor of the State ofNorth has acted to deprive the cities and counties of North Carolina of rightfully obligated revenue from the. inventory tax reimbursement as well as other revenue sources, thus penalizing local governments for the State's fiscal problems; and WHEREAS, the North Carolina General Assembly has refused to allow cities and counties the ability to raise revenues from abroad-based menu of sources mandating that local governments rely on the property tax as their main source of revenue and thus continually burdening homeowners with ever increasing property tax bills, while others pay little of the cost of protecting, preserving and promoting public health, safety, and education THEREFORE, Z'he New Hanover County Board of Commissioners Hereby Resolves to respectfiilly request that the Governor of North Carolina, Michael F. Easley, immediately release any and all funds previously obligated to North Carolina's cities and counties, pledge never again to act fo deprive the citizens of this state of the local governments' services or to promote higher property taxes, and fiirther, that members of the' North Carolina .General Assembly act immediately to authorize each and every local government in North Carolina the authority to enact abroad-based approach to financing necessary public services by enacting a menu of revenue sources including, but not limited to, a local sales tax of up to one (1 %) percent. This action will restore balance to the state and local partnership that has served the citizens ofNorth Carolina for the past 225 years and restore the faith of city and county officials, as well as our citizens in the Governor and the North Carolina General Assembly. Adopted this the 12~" day of March, 2001 Ted Davis, Jr., Chairman {SEAL } ~, ..+,GW~~~,~s ~~~~~t~ilo,~ti,~~,~ ~t~~9~~ ~:a ~~rr~e ~~~, !~T/~/~~~}~~cie F. Harrell, Clerk to~thevBoard 1 ® ^ sit'-.r,Y~~~~li~ny (~ f~~~~~ ~~ s fl ........ ..., , ,,,,,uL,~ rnn iY~, o~n4eou~~~ t', OZ/03 __~ . ..~ ~.~ . _.. t'.Q' is'ox 3~~y ~ lUt3-a Suutn west Boulev.atd' ~~',~[on, porch (.:arc~it~ '~-;,~.c):;yy ~'!cphunct32S1-tti.~-~?U(> ' ittto; ! iwww. c.o. t;a£aa'ba. ^4.us i~.a~(823) •~6~-ti_ r t ' - k . %re Honorable Austin iVi.:~]Iran :`c- Sonata, Ztith Dista let . . . S'!~ L_t_rislative Office Ruiicjinn - T~. ~~ ail. LC ?7601-2~?0~ - _ : . ' Tear Austin: . . rn4 C'ataWba County Bt~.}rci (~t: f:omniis~ioners met in regular session on Febraary i~~-and unanimously adapted the _~,:2~i:cd Resolution which`cails upon Crs~Ycra?r.>/asIey ro release funds bolongin~ to Catawba Go>~nty and for the C:rt-t,rai ~~ssembly to enact a Iocal ~;oven,ment rncnu o`i reaenue options ineludir.~, but rot limited :to, a ore. percent .sales tat, I would ask that you cal;L action on these issues imm~adiatcly. hlease ?eel free tci contacf me or any .n:crr,ber of-the Catawba Countti• Board ~ Commissioners tv discuss ihcse coztccrns. C)ur phone numbtrYS and addresse-s are artacht~d f~rynur converiicnce. ;lt s painfully obvious that the time iias col?te rc}r ;he State to gi~~e local ;overrimcnts the aniltty io fashion a rcvcnurr - st. ~~m that is .fair ord. eitective for the t;~xpavtr_~~ citizens of cities anr~ counties .across N4rYh Carolina. It is inherent!} unfair To target one: sc~~:ncrrt ul'tiic r~ul~u}atit,n. in aar-£icular tnosc who have invested their life savings in tnc.;r Home, or tnose stzu~T~;iin~ to ma~rta,n .•.ir; dre;anis of home oumershrp, to ha~'e this home essentially act as co t,iteral year to year finr ~o~~ernrntnt tdxa[ion. , ~~ ~ rave. ~vorlCC.ri very hard. to ;;~akc you .;~~~are of the fact ~l-e- cities and count!es have no place to turn for s~.;ustui~t!al rcvtnu~ to ntcct _,~-c?win~, demands for public health: s;a?ety and education needs other than the property tub, .`~t our meetma.on the 19` several citizens--your enn.stiruents-in attendance z'oice.d a isusirativra w•itli the notert;af of t~utiare property taxes, not only tq mind necescarv pt.hlic services. but also to address the def~Cit in State. ,(1o~'ert~ment. °l~ase'act now' to sec thttl th~~e ciir~cr.5 arc ticalt ~~ith fairly and to ~nsurc that the publie`s~hcnhh, .'_?ic.`:: '<inCl ('cl)rca.t.it)nal needs ai'C ri,CC !n t11e Talr.°st txtanr)er. , 11vok t.onvard to hearizag from yotrat your earliest Uppomsnrty: Sinc~re;~,, { ~~ ~ j aria C~l'. I-Tu)`'1'man. Cl.~'i.i~ 'C'u;a~;~ba Cciunty ~3uard t~f Conunissioncrs i . a rrin .. • ~.ttacramt;nrs ,~c: ~ V!ayor5 or C,ar3~~ba +'`.ounty I Ti,P 99 (7thar County C'omrnission Cnuirs of North Carolina r :ur C_ Ron AycocL, North Cnroirna lssociation of County Commissioners ,~'Js• 1)eljlah:k31an1.~ President, \`or-tr C.aroljna f~S~oCiatlon Ol" County Co~ttma~soners { '~Ir. David Plyler, 1''` V'i.c.e-President. \orth Caralina.~?ssoc~ation of County .Commissioners "Keeping the S~irlt Alive ,Since 1842!" ~ ~~ Pnn'eo ,~q _ ~ ~acycieo ?dDer - _ I ..... ,L , .,,, ,,,,~„~.,L~, - rnn tvv, d~04ti5~~y~ P, 01/03 P.O. Box 3&9.100-A South West Boulevard • Newton. North Carolina 28658-0389 •_ Telephone(828) 46S-8~UU http: / /www. ca. cataw~a, nc.us FA.X(828) 465-$397. N~EMO °, ~" / ..~,s~~ ~s ' ~ ,~~~~ To: The Qther 99 County Comtnissian Chairs ofNortl~ Carolina . Mayors o ~ Cacavvba Couazty ! 'A '~ _> ~ ~ R:onAycock,NCA.C.:C ExecutiveDirectoz' ~~'+~ ~~~=,~t- ~~~ Delilah $latll,;s,l~.residcuE; NCACC t .~ ~ ~, `~ ~ ~ ~~ .David plyler, 1" Mice-President, NCACC; ,,---; _ 3~~,) ~ ,~ E From: Steven D. Wyatt, Assistant County Manager 'l "° `M, ~ ~'°'~~ '~~, ~"~ ~µ~ ~ ~ ~"'~' Date: February 20, 200.1 - ... ~~~ _ In Re: Attached Letter and Resolution , !~~ _ ~, 'At its meeting lase night, the Catawba County Board of Conunissioners adopted a Resolution calling upon governor Easley to release fi~ids belar~ging to I~'orth Carolina cities and cortnties acid the Lreneral Assembly to enact revenue options for local ;vvczxzments. Attached is a copy of _ the Resolution as well as a sample of the letter sent to members of our legislative delegation. We encourage every unit of-local government in North Carol.iz~a to follow suit and adopt similar -t:esalutions. amn t~ttachnients I:~ WPDOCSIW YA'1`TU 111ebnther. aoc ~~ r "~eeprrzg the Spirit Alive Since 1842!',' d'~ `\ / Dn~~ Recycled Faeer NEON HAfN00lER CCllNTY B®ARD CF COIVIMISSI®NERS REQUEST FOR .BOARD ACTION t Meeting Date: 03/12101. Consent Item #:.3 Estimated Time: Page Number: Department: County Manager' Presenter: Andy Atkinson Contact: Andy Atkinson`or John Carriker ;. SUBJECT: . lJnified ®omestic Violence Unit -Grant Appiication to Governor's Crime, Commission BRIEF SUMMARY: ' ' .The City/County unified Domestic Violence Unit wished to file a governor's Crime Commission grant. They did not realize the grant needed to be submitted by the County on their behalf.' The State sent the grant application back to them after the Board of Commissioners February 5th ~ . meeting, but to late to.get on the February 19th meeting. In order to be considered for this year the. application needed to be in Raleigh February 8th. Since no County funds are required, the District Attorney asked if we could get the grant submitted and then put on the Commissioner's agenda for ratification. The grant application was faxed to the State on February 8th. RECOMMENDED MOTION-AND REQUESTED ACTIONS: Request approval for submission of grant, and. if awarded it be accepted by the County. . FUNDING 50URCE:. . '' . ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEYV a . . COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend ratification of submission. ,/~~,,, COMMLSSiONERS' ACl'fONS/COMMENTS: " , _, - C~~.INTY CeMMMION POSTPONED ^ ' ~ ®®~ . HERRD „~ - ®ATE ~ I~ „n 1 l'yd~ ,, Governor's Crime Commission, 1201 Front Stree#, Suite 200 Raleigh, N. C. 27609 Phone: (919) 733-4564 Fax: (919) 733-4625 2001 ~ra~~ ~~-~pp~~c~~~~~ . Grant 1°~uar~ber: (Official GCC Use Only} ~~ 1. Name ofProject: °. ,~nr~autt~ `SSi<~s~rn~nt. rch '~ or!e) Unified Domestic Violence Unit ~ tmle ~~Itncuenc~ i'rwtntiun [ ~ tilchnL~ Sci~,~ °, (X ) c ~ h~~~~,i~~~~ t, h,~~r<~~~t~~,~ ~ I h otm,rton~ ~ttn~.;~ ~ C? l & StL ar:ce tiL ( I Re~ •al r ; & ' C ~, ~sr~ . i ) rr~ ro iisa 1 ~ q: - 2. Applicant Agency: (name, address, telephone and fax) -- New Hanover County Domestic Violence Unit U. ['roam Pt~oi7i.~ rcu c;~l ons; 320 Chestnut Street, Room 502 ~ 13. C. -: ~, t. [ t; Wilmington NC 28401 10. Project Starting and Ending Dates: ~ ' (910) 341-7184 (910) 341-4027 Federal Tax ID#: 56-600324 07/011101 06/30/02 3. Authorizing Official: (name and tile) 11. Type of?.ction: Michael Allen O'Neal (x ]First Application , ' County Manager ( ]Continuation of Grant ' • 1<. U.S. Congressional District: 7th 4. Financial Officer; (name, title and telephone). \r. C. Legislative District(s): Bruce Shell House: 13th, 14th, 96th, 98th Finance Director Senate: 4th, 7th, 18th (910) 341-7187 Population of Project Area: 200,000 5. Lnplementing Agency: (name, address, telephone and fax) 13. Requested BudgetTotals Office of the District Attorney P.O. Box 352 131 Year 2,~a Yeas Wilmington NC 28402 Personnel: $54..548.43 $0.00 (910}341-4510 .(910}815-3500 6. Project Director: (name, title, telephone & e-mail address) Contractual: $0.00 $0.00 John E. Carriker District Attorney Travel: $0.00 $0.00 (910) 34'I-4510 Supplies: $26,875.00 $0:00 jcarriker@co.new-hanover.nc.us 096.18 $0.00 t: $6 ui E me _ , p q n 7. Implementing Agency Profile: a. lion-profit, nongovernmental agencies. please attach a Total Budget: $87,519.61 $0.00 copy of your current years line item operating budget and describe the sources of those funds. b. Attach a copyofwhat other finding sources and Subtract lvlatch: 21'879'90 $0'00 ' amounts, if any, have been committed for this project or have been applied for or are anticipated for the project. Number of SwornOfficers:2 c 639.71 $0.00 $65 . . , Federal Request: 14. Project Summary: (one to three sentences in len~nh) This project will: , Continue the objectives and goals set forth in the original grant provided in 1997. To correct problems identified in the customer service aspect of domestic violence prosecution. To increase training of the members of the domestic violence unit to improve. of laws in domestic violence and disseminate this information to interested the appllcationw , agencies ~~r~r3iatl'Cc'.~~i<~Gi<i69 era.-= °~ ' ~ ~-,: "Phis project will operate in the~tollowtng coanties: r fa ~~ a Page 1 r ~,7 ®.~~;.r . t 10~ ~ ~ ~~ , ` ~ Problem° anclProject operation ~~ L~ • ~. i i The Problem: Over the past two and one half years, more than two hundred new law enforcement officers have ~. been hired in New Hanover and Pender County. The current training of these. offiicers has been dependent upon each individual agency and their interpretation of handling domestic violence. The ~.: establishment-of the~Domestic Violence Unit in the Fifth Judicial.District iri 1997 was.an effort to provide a unified procedure for handling domestic violence and training of all officers within this and neighboring jurisdictions. This would be accomplished by the members of the Domestic Violence Unit ,receiving training in the most current procedures and philosophies of responding to domestic violence incidences and disserninati~ng this information to interested agencies. However, due the limitation of financial support from participating agencies in the Domestic Violence Unit, limitations .due to other budgetary demands, training for the members ofthe-Domestic Violence. Unit has been restricted. to local or free classes and seminars. This limited training has resulted in agencies either ' conducting no training.or improper training in the response. and investigation of domestic violence within their jurisdiction. The results of these poor training procedures have included improper arrests of victims, du.ai arrests or no.investigation:of domestic violence incidences. This then ..impacts on improperly prepared eases for prosecution, inadequate evidence gathering or investigation and there-victimization of victims of domestic violence in our legal system. Project operation: a '`To continue the original goals of the Domestic Violence Unit established through. the grant 'provided by the North Carolina Crime Commission in 19.97 ~ Grant No. 65-196-VA-W~18. This will.=be accomplished by the continued education of the members.of the domestic violence unit in the most current aspects of domestic violence dynamics, investigations, philosophies, responses and technological advances. This information in turn wil! be disseminated to other agencies and applied to the policies and procedures ~of the Domestic Violence Unit to ensure the best procedures and techniques are being used in investigating. domestic violence incidences. To accomplish the training of other agencies, it will be necessary #o acquire equipment to make presentations and provide information to the . requesting agencies. There is also a need to upgrade the equipment in the Domastic Violence Unit to allow for the use of technologicaiiyadvanccd procedures in the distribution of information between agencies, recording of information, collection of evidence=and preparation of reports and investigative findings.; .. Page 2 ; A ~ P1. _- - _ ~rv,~t Go`zls,'®b~cti~~cs anti ~~~~i~-ities_ - ~J (1Vi tJ ti i be completed by au applicants) Project .Goal(s): -- Along with the continued unified.response to domestic violence incidences and their investigation, it will be the responsibility of the Domestic Violence Unit to .provide continuous training to their respective law enforcement agencies and otheragencies requesting such training. This wilt result in officers and agencies that are property trained in procedures to address domestic violence issues in their . communities with the expectation of lower incidences and reduction of recidivism. The continued, experience of a unified Domestic Violence Unit would be offered to those agencies that desire to create a similar unit. This will be done through the continued educatibh of the members of the domestic violence unit in the investigation of these crimes and provide the support needed to the victims of domestic violence. ~ , ~'ri~,jeta ~~)hjective(s): - - Increased training of members of the domestic violence unit will be applied directly in the improved operation of the domestic violence unit. Training will also be disseminated to the participants respective agencies and agencies requestingassistance in domestic violence response, investigation and/or the establishment of a domestic violence unit. The results should be similar to those experienced by this unit which includes reduced occurrences of improper or dual arrests by participating agencies, better uriderstariding of fhe dynamics of domestic violence and the,positiwe impact in proper police responses. -This will result in cases that are better prepared and reduce dropped cases by the district attorneyT""s office due to lack of evidence, .initial investigation or uncooperative victims. °rajest Activities: 1. Continue to accomplish the objectives outlined by the first grant establishing the Domestic Violence Unit. This includes receiving reports and/or warrahts on a daily basis, reviewing the cases, interviewing victims and suspects. and preparing these cases for trial, when applicable. Daily activities also include assisting walk-in clients with domestic.violence issues, providing victim assistance through state programs and coordination with'the Domestic Violence Sheltering Services for those victims requiring further counseling or assistance with restraining orders or shelte~ing.2. Address problems that have beeh identified in the years after the initial grant, specifically the inefficient processing and tracking of domestic violence cases through the judicial system. Amore efficient system will have atwo-fold . benefit. First, it will insure that all victims of domestic violence are provided assistance with their legal, financial or medical requirements. Secondly, it will allow time for the continued education and training of the members of the domestic violence unit without adversely impacting the victims with the unit member ~"'s temporary absence from their office. This efficiency will also be attained through the upgrading of equipment in the domestic violence office and the implementation of a more efficient storage system, i.e., scanning of all documents for easier storage and accessibility.3. Provide a standard operating procedure for the domestic violence unit. This will further advance efficiency of the unit, reducing wasted man-hours and allow time to attend or conduct training by the members of the domestic violence team. Other benefits would be less confusion in job responsibilities, ablue print that could be provided to other units wishing to establish a domestic violence unit and allow for the smooth transition of new members when personnel changes are made in the unit.4. A more efficient office and optimized man-hours optimized will allow for the continued training of the members of the domestic violence uhit. No specific timeline can be provided since all training has not been scheduled for the time encompassed in this grant. Training that has been identified include the following: The Annual National College of District AttorneyT""s on Domestic Violence, held usually in September or October of each year in Reno, Nevada or other designated cities. Domestic Violence seminars and related areas of police investigation conducted by the Public Agency Training Council. Additional seminars conducted by neighboring agencies in the investigation of domestic violence.5. Prepare to train other agencies with the purchase of material needed to conduct professional and clear domestic violence training. These items are outlined further in this grant.6. Disseminate training to agencies within the jurisdiction of the Fifth Judicial District. This includes law enforcement agencies, housing authorities, child protective services, rape intervention programs and other agencies interested in understanding and/or investigating domestic violence. There are several agencies that have expressed interest in training prior to the application of this grant.7. Expand training to agencies outside the Fifth Judicial District upon request.8. Instructor certification will be obtained by one or more members of the domestic violence unit to. provide incentive of state training certification for those agencies that would benefit from this type of accreditation. Page 3 110 I'I Performance I~~Teasures and Evaluation:,IVlethods ~, ~I` - - - __----_._- --__ __ __ __ - - -_ --_ _-J Performance ~e~saares: 1: Increase ih training requests 1. number of requests for training before. and after the grant is initiated.2..Decrease in dual/improper arrests 2. number of dual/improper arrests made before and after the grant3. Increased job.know~edge 3. number of people trained4. Decrease in case dismissals due to 4. numfjer dismissed before and afterimproper police preparation the grants. Decrease . in recidivism 5. number of repeat customers6.lncrease in training classes 6. number of classes attended- before attended by DVU members and after grant: ' 1°v:~tuat~t.~n ?viet~oIs: A database will be established to track all cases through the judicial system. This will be compared to the database that is currently being used to track cases investigated by the -domestic violence unit. A list of agencies requesting training will also be initiated .along with the dates training was conducted, the number.attending and instructors present. A list of training.. attended by members of the domestic violence unit will be initiafed outlining the material ..covered, instructors present,. course outlines and material, if applicable, and unit member evaluations of the course material with ideas to be implemented or followed-up on by the unit members. ,These databases/forms willl be designed by a member of the domestic violence unit `-and' maintained. for review in the Domestic Violence Office. I- - - ~~,T'i+~ILPii BUDGET -- -- =-c - - -_ __ -- __-- __ - - Budget Category' (one year only) Category atals . A. PERSONNEI,~ 1. S~ilaries: List each position with yearly salary rate. Position Title S211ry R1te % n{Time Devoted Investigator ~ $35,$59.00 100 $0.00 0 $e.oo o $o.oo o , $o.oo 0 $o.o0 0 2. Overtime: Group as "N" new Positions, and/or "C" current $0.00 0 $25.84 500 Salary Subtotal: 3. Fringe Benefits: Itemize percen vt12es applicable for each benefit fox all positons. FICA - $3,731.59 Retirement - North Carolina LEO 4.77435% $616.84 I Iospitalization - $0.00 Other - 401!( $775.00 Bene~ta Subtotal: 457 $646.00 $0.00 Total ~'eraonnel: $0.00 ("Transfer to Pale 7, line L, A) B. CONTP~i1C•T•UAL SERVICES 1. Individual Consultants: List by position, rate of pay and time required ; Position Title Pav Rate .Time Required $0.00- 0 , $0.00_ ;. 9 , $0.00', 0 , 50.00 0 .. Individual Consultant Subtotal: ~, •~ .. 2. -~ Agency: List by name of agency, rate of pay and time required _ , r\gencv Pav Rate Time Requured $0.00 0 $0.00 0 $0.00 0 Consultant Agency Subtotal: $o.oo o $o.oo 0 Total Contractual Services: (Transfer to Pale 7, line L, Bl C. Tltt\VTSL: List cost for transporting clients and costs for travel and subsistence of project personnel. Total 1n-State Travel expenses for all positions $0.00 Total Out of-State Travel expenses for all positions $0.00 Total subsistence for all travel $0.00 Total. Client transport expenses - • - $0.00 Total Travel:. Total for all other Travel expenditures $0.00 (Transfer to Page 7, line L, C) ~ Page 5 $48,779.00 $5,769.43 564,518 40 ~I $0.00 $0.00 ~- I 50.00 i $O.QO . DETAILED BUDGET: CONTINUED r jL dget Category (one year only) - -- - - -_- ----~ Category Totals ... • D. SUPPLIES i9ND OTHER OPERATING EHI'ENSES (office supplies, field. supplies, printing, computer so ftware, office rent, registrations and individual training costs) . Microsoft office $275'.00. ' polaroid film $600.00 Registration in state training ., $2,000.00 ` Registration out of state trai $4,000.00 - Lodging, travel & food for Tra ~ $20,000.00 ' _ $0.00. ~ . ` : -$0:00 ' $0.00 - ~ $0.00 . $0.00 - ' ' $0.00 .' .. , . - - SO.OD Total Opesatirag Ex~.+enses: ~ 526.875:OC1 ~ (Transfer to. Page 7, line L, D) E'. EQUIPNIL-'NT - _ 1:" Purchase Item Description Unit Price Ouantitv Dell Inspiron 4000 Laptop $1,697.00 2 Casio QV. Pro 3000 digital came $951.09, 2 H/P office jet Fax ,Scanner , . $800.00 ~ 1 • ' $0.00 0 . ~ $0.00 ~ 0 ' $0.00 0 . $0.00 0 L ' $0.00 ~ 0 $0:00 .~.,. . ' '•• 0 - $0.00 0': $0.00 Q .. j $0.00 0 • ' Purchased Equipmen# Sulstotala $6,096.18 2. Lease or Rental ~ - Ite-n Description Unit Price Quantity ' $0.00 0 ' ; $0.00 0 . $0.00 0 T . , Total Equipment i I !"Transfer to Page 7, line L, E) I S6;096.18 - T ~1~. 18I$~,~E~ C~~ 87, 519.61 $ _ Budget Summary: j - . ~ l~BrrdgetCategorics: _ ___ _ ~ i'usfYear _j ~ih~ipaitedSecdndYear -;~ _ A. Personnel ~~ $ 54,548.43 ~ ~ oo B. Contractual Service ~ .oo $ _ .oo C. Travel ~ .oo ~ S oo . D. Supplies /Operating Expenses S zs,a75.aa S .oo - E. Equi ment S s,ass.te S .oo F. Total Budget (the sum of lines A- E) , a7sissi ~ $ .oo G. Subtract Matching Funds _S z~,a7s.so _S .oo H. ~®TAL I+'F1DEIZAL, )~Q~ST ~65,fi39.71 ~ .00 II. Description of Match: Matching Funds may include,local, state or private funds, but not other federal fiords. A. Juvenile Delinquency Prevention' ,Juvenile Justice Intervention, Information Systems, Drug Control and Substance Abuse 25% cash match only required Describe amount and source of cash match: ' B. Victim Services' 25% cash or in-kind match required Describe amount and source of cash or in-kind match: ~~5R5~3 ~(1 in ~aial'~i fnr IrnrPSti~~3tor frnm Ng~N h~nnvPr C.,~us~t~.f~r~~tnP~tir ~IiolPnc~ Unit III. Projected Assumption of Project Costs: ( ) Tlie project director MUST state plans for the assumption of project cost after federal funds are no longer available to the project and describe how the project will continue to address the problem after the grant ends. Will seek funds from sources in the coli~munity. ' A limited number of match waivers will be granted to applicants applying to the Juvenile Delinquency Prevention Committee. (See Requests. for Match Waver on page 12) The awarding of waivers will be based on the availability of funds aril the Commission's overall rating of the grant proposal. Because"match free" funds are limited and very - competitive, applying for a waiver may reduce the likelihood of funding. z Match maybe waived only for non-profit, non-governmental victim services agencies that are applying for grants to ippprove responses to victims of domestic violence and sexual assault. (See Requests for Match Waver on page 12) r" ~, Page 7 ``~ ~. . • ~ CERTIFICATIONS: A. C_ ertification ofNon-Supplanting: The applicant hereby. certifies that federal funds will not be used to supplant or replace fends or other resources that would otherwise have been made available for Juvenile Justice and Delinquency Prevention, Drug Control and System Improveriient, Victims of Crime Act, Violence Against Women Act or Children's • - Justice projects. , B. Certification of Filing an Equal Employment Opportunity Program: Check the appropriate box. . The project director certifies that the applicant/granteehri formulated an Equal Opportunity Program, which is dated 2/G/78 -in accordance with the Amended Equal Employment Opportunity Guidelines 28 C.F.R.42.301, et seq., Subpart E, and that it is on file in the: office of: . (OffiCe)~ Department of Humane Resources of New Hanover Co: (Name) 'Andre' R. Mallette (Title) Humane Resource Director - (Address) 320 chestnut St. Room 405 Wilmington N.C. ' . , - (Telephone) sto-sat-~t~s ~ ~ ... for review and audit by officials of the Department of Crime Control and Public Safety or the Office of . Justice Programs as required by relevant law and regulations. - ^ The project director certifies that the Amended Equal Employment Guidelines ha~~e been read ' (28 C.R,R.42.301, et seq., Subpart E.) and that no Equal Employment Opportunity Program is required to be filed'by the implementing agency. . C. Certification of Submission of Annual Audat: • , ~ The project-director certifies that a copy of the annual audit (required) will be submitted to the Office of State Auditor and the Department of Crime Control and Public Safety. D. Certification bf Submission of Project Reports: - - ~ The project director certifies that a completed progress report (provided in.the GCC Grant Award Package) will be submitted at the end of 12 and 24 months, or more often if requested. If required, the project director • certifies-that quarterly reports will be submitted. -Page 8 i~ _ ~~,RTTF+IC':1TI~tiS: COrYT1;YCTF,D --- - E. Certification that. Applicant is Eligible to Receive Federal Funds: ' © The project director certifies that neither grant applicant nor any of its officers, directors or consultants are presently debarred, proposed for debarment, suspended, declared ineligible or voluntarily excluded from receiving federal funds. [If the director cannot make this certification, an explanation must be attached: If this certification cannot be provided, the applicant will not necessarily be denied participation iri this program. The certification or explanation will be considered in connection with the determination by the Governor's Crime Commission as to whether or not to approve the application. However, if neither the certification nor an , - explanation. is provided, the application will be rejected.] F. Certification Regarding Lobbying: (for agencies receiving $100,000 or more)' ' The project director certifies that (1) no Federally appropriated funds have been paid or will be paid to any person for influencing or attempting, to influence an officer or employee of any Federal agency,` a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract; the making of any Federal grant, the making of any Federal loan, the entering into'of any agreement; (2) If any non-Federal .funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of~a member of Congress in connection with'this Federal grant, the project director shall initial here ^ and complete and submit Standard Form #LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. G. Drug Free Workplace Compliance: (for state agencies only) ~ I (project. director) certify that (1) a drug-free workplace awareness program was.held on and/or will be held annually on which all grant project employees are required to attend; (2) a copy of the . agenda of that program, including an attendance sheet signed by all employees, will be provided to the Governor's Crime Commission; (3) a statement will be published notifying employees that any unlawful involvement with a controlled substance is prohibited in the grantees workplace and that specific actions will. be taken against employees who violate this rule; {4) all employees will receive a copy of this notice; (5) all employees must agree to abide by the statement and to notify the applicant of any criminal drug statute conviction for a violation occurring in the workplace within 5 days of the conviction; (6) within 10 days of receiving such notice, the applicant will inform the Governor's Crime Commission of an employee's conviction; (7) any employee so convicted•will be disciplined or required to complete. a drug abuse treatment program; and (8) the applicant_will make a;good faith effort to maintain adrug-free workplace, in accordance with the requirements of Title V, Secs. 5153 and 5154 of the Anti-Drug Abuse Act of 1988. Ir ~.-~iu need a..ist~2ace in coirple~u~ir <~f the ~~r;tnt nre-ap~~li~ation Pir_~se cr~ct,icr the a~~vrnoLatc' ~ o!~t«m .u e:= t 1~~nner ~ at tlie`Go~ernor_ Grime Coi~iniiss_on by calling (919 ~~3 h6~1 ~ Program Area Planners: Juvenile Delinquency Prevention Committee: Donna Robinson Roshanna Parker Juvenile Justice Intervention Committee: Joel Rosch Kim Joris Victims Services Committee: Barry Bryant Sandy Dixon Stephanie Nantz Drug Control & Substance Abuse Committee: Craig Turner Wesley Clark Information Systems & Technology Committee: Doug Yearwood Navin Puri Page 9 - -- -- - C~.uTIEIC_~Tlo'vS' 1r'ROJLCi' Dut>rCTOR ~ ~ ~ ~ ~~ ~ . ~ ,,~,._ , , Pre Application. Number 471 ~~~r :Project Directory ' ' I certify that I agree to comply with the general and fiscal terms and conditions ofthis application including 'special conditions; to comply with the provisions of the Act governing these funds and all other federal laws; that all information presented is correct; that there has been appropriate coordination with affected • agencies; that I am duly authorized by the Applicant to perform the tasks of Project Director as they relate to the terms and conditions of this grant application, that costs incurred prior to grant approval may result in the expenses being absorbed by the implementing agency; that the receipt of grantor funds through the Governor's Crime Commission will not supplant state or local fiznds; and, that.I understand that federal • funds are limited to a maximum of twenty-four months. Name: John E. Carriker Title: District Attorney .. . ~-Sgency: dfflCc Of ~rlE-' DIStfICt A~tO)"nOy Adda•ess: P.O: BOX 352- .. 'Plyoyye: (910). 341-4510 Wilmington NC • _ ., ~ ~ ,, - ; 28402 ,~~ ~N Y ^ e ~ ~l ~ o es . Bond d: Signature: ~~°'rit---,, 'L~. "~NOTF: The Project I3irectar, Financial Officer, and Authorizing off ciai CA~lT NoT !be-the Bayne person. Staff funded under this grant may not be any of the authorizing offficials without direct Crime Comyyyissfon approval. ~EIIti ~1'PL1C~'I'lO~ IS \O'T C(~~O1YlJI;r1'11 W17C1~OL'l' "d'fiL~~l3©ti'L ~1(-r~.~I'LIZ1 -.~ • ~ Page 10 . - ~ 11 ~;>Jx~rIIIC, ~rlc~~s l~T~ t~cl.~c ~~t~rICI t~ ~ Y LL=:- -- _ - _- --- __- ~-__~ 5yc-%7 ' Pre Application Number 471 ~""""' ' ~ ~ • ' Financial Officer* I certify that I agree to comply with the general and fiscal terms and conditions of this application including , special conditions; to comply with the provisions of the Act governing these funds and all other.federal laws; that all information presented is correct; that there has been appropriate coordination with affected , agencies; that I am duly authorized by the Applicant to. perform the tasks of Financial Officer as they relate to the terms and conditions of this grant application; that costs incurred prior to grant approval may resin t in the expenses being absorbed by the, implementing agency; that the receipt of grantor funds through the Governor's Crime Commission will-not supplant state or kcal funds; and, that I understand that federal . funds are limited to a'maximum of twenty-four months. iVame: Bruce Shell Title: Finar+ce Director A~encv: New Hanover County Domestic Violence address: 320 Chestnut Street, Room 502 b Phone: (910) 341-7187 ~..- Wilmington NC y__-_~_, ~ 28401 Signature: ~ Bonded: r Yes ^ Ada *i1'OT~: The Project Director, Financial Officer, and Authorizing Official CAloi NOT be the same person. Staff funded under this grant may not be any of the authorizing officials without direct Crime Commission approval. li1S ~~pps_,IC~~T'1C)\ 3~ \(~ri' ~Ol1YLE'1'E,'~'~''1T13C)t'T "itlF ~~£3()~%1: SIC:\.-~`T1_~Ii~. ~~ - _ ~ . ~ Page 11 118 - -- --- L~t,t~.~z°rITZC~ ~Ttows. ~rJ t~~raRSlm~.Or~ic~.~T/ - 1 ~~ -- ~.~~ ' `~ ,, Pre Application Number 471 '~,~. Authorizing Official* ~ r~ ~ I certify that I agree to comply with the general and fiscal terms and conditions of this application including special conditions; to comply with the provisions of the Act governing these funds and all other federal laws; that all information presented is correct; that there has been appropriate coordination with' affected agencies; that I am duly authorized to commit the applicant to these requirements; that costs incurred prior to grant approval may result in the expenses being absorbed by the implementing agency; and, that all ' agencies involved with this project understand that all federal funds are limited to a maximum of twenty- four months. The Anti-Drug Abuse Act of 1988 requires that subgranteeS provide assurance that subgrant funds will not - be used to supplant or replace local ar state funds or other resources that would otherwise have been available for law enforcement and/or criminal justice activities.. In compliance with that mandate, Icertify - . that the receipt of federal funds through the Crime Commission shall. in no way supplant or replace state of - local funds or other resources that would have been made available for law enforcement and/or criminal justice activities. _ Name;- Michael Allen O'Neal !Title: County' Manager - agency: New Hanover County Domestic Violence Address:, 320 Chestnut Street,-Room 502 Phone: (910) .341-7184 ~ r • Wilmington: NC ~~~ ~ l,y_ ~"'~ ,~ ° ~ ~ . ,28401. Signature: ~ , ; '~~~~~ Bonded: ~ ~~ Yes ^ No ~ A fir' *NOTE: The Project Director, Financial Officer, and Authorizing Official CAN NOT be the same person. Staff funded under this grant may not be any of the authorising officials without direct Crime Commission approval. ' . " • ~ '~'IIIS APPLICr1TiON IS NOT CONtYLF"tE WITI~ObJT TIIF _-°iBOVE SIC:N~TUi 1~E~UEST FOR MATCI~ WA;<V~I2 (Refer to limitations footnoted on page 5) "^ As the Authorizing Official for this grant pre-application, I am requesting that the Governor's ' Crime Commission grant this implementing agency a waiver of its match requirement. 'Signs#ure: . Auth®nzmg ficcal 1 /31 i01 ~~~ ' .~ r r! IMPORTANT r r ~ . . i Governor's Crime Commission Pre-..Grant Application Number: 471, Save this receipt as-proof of submission of your online grant application. This is the only documentation that you will receive. After printing the signature pages, have them signed and mail them,, along with any required support documentation, postmarked-rio Eater than January 31,2001. (Support documentation includes your current year's operating budget and sources of those funds if you are a nonprofit agency: Attach a copy of what other funding sources and amounts, if any, have been committed for thisproject or have been applied for or are anticipated for the project.), MAIL"fiVG 1iVF®RMATIOtd Mail the signature pages and support documentation to: ATTN.' W ES WALTERS GRANTS MANAGEMENT DIRECTOR GOVERNOR'S CRIME COMIViISSION 1201 FRONT ST STE 200 RALEIGH NC 27609 Mail letters of collaboration directly to the appropriate Lead Planner for the Committee to which you are applying at the same address as above: Drug. Control and Substance Abuse' Craig I urner; ~eaa runner Juvenile Justice Intervention Joel Roscii, Lead Planner - Juvenile Delinquency Prevention Donna Robinson, Lead Planner Victims' Services ~ Barry Bryant, Lead Planner Information and Technology Doug Yearwood, Lead Planner REVISIONS . To make any revisions to your submitted application, you must have your pre-grant application number and your Federal Tax ID Number to access the application online. Simply choose 'REVISE APPLICATION"rather than "NEW APPLICATION" and enter these two numbers. Proceed with making changes; saving each page, and submit revisions. ~,~,zr `~ ~, r ~ ~~~T~ ~ ~, .. ~~~ ;:.--• ` 120 - ~IVEVV HANOVER COUNTY. BOARD OF COMM9SSIONERS . REQUEST FOR BOARD ACT10[V ~ ; Meeting Date: 03/;12/01., Consent Item #: 4 Estimated Time: Page Number: Department: Emergency Management. Presenter:- Dan Summers. ~ ~ - Contact:-Dan Summers ~: ~. _ .. SUBJECT: Request approva! to apply for amini-grant from NC Division of Emergency Management for EOC improvements. • , . BRIEF. SUMMARY: North Carolina Division of Emergency Management .is offering a mini-grant not to exceed $5000.00 per' county for communication and equipment, enhancement to County Emergency - Operations Center. No matching funds are required. State will reimburse County .upon • presentation ofijob invoices, New Hanover County Emergency Management will be making a ,request to provide remote. connections to 911, EM Office; and. EOC for. existing two-way, satellite communications network. Approximate cost of-work, is $4800. . RECOMMENDED MOTION AND REQUESTED ACTIONS: ~ . Request approval to apply to State for funds and accept grant and. approve related budget amendment if grant is awarded. ;, FUNDING SOURCE: Fully funded by-NCEM if approved. ' ATTACHMENTSi . None ~.. ~' REVIEVNED BY: LEGAL: FINANCE: Approve BUDGET: Approve.- HUMAN RESOURCES: N7A . ~ - _ ; COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval ~-- COMMISSIONERS' ACTIONS/COMMENTS; . ~. ~ ~ ~~ '~i9Ui~Y COE~~ii'a9~~~, APPROVED ,~ REJECTED C] .; REMOVED ~ ,, ~, . ~ POSTPONE®~ ~ •. ~#EAR® ~ t1 ~ g~z~a~ ~2~ ~~~ 3~ . ~l {This page~intentionally lesft blank} .~~ ,,{{ ~ : r ~~yj} ~ ~~~~~~~ 122 . i? - . IVEI~/ HAIVOUER C®UNTY `BOARD OF COMMISSIONERS ° REQUEST FOR BOAR® ACT10N - Meeting ®ate: 03/12/01 • ,~ Consent item #: 5 Estimated Tirne:, Page Number: .. Department: Emergency Management Presenter: Dah Summers ,Contact: DanSummers : :.SUBJECT: _ .. ,Request approual to apply for i;'EMA and State Emergency.Management grant . funds to support domestic terrorism planning, training, exercising, and equipmerita • , _ _BRIEF SUMMARY: -~ Th`e Federal Emergency Management Agency and NC Division_ofiEmergency Management now have grant funds available for domestic terrorism .planning; training, exercising, and equipment. - Presently; grant applications are being accepted for 100% funding of approved county grant applications," ~ New~Hanover County is proposing a grant request to the State not to exceed ` $100,000;00. Funds will be used to acquire the services of a contractor to assist in the comprehensive effort to develop new plans,. update existing plans, develop training programs and make equipment recommendations`with involvement of Law Enforcement, Health, Hospital, Fire, grid EMS organizations: Work. is expected to take 1824 months. RECOMMENDED MOTION AND REQUESTED ACTLONS: ' Request approval ao'make app ication. Request approval of budget amendment if grant is awarded. ~~ ` , . ° FUNDING SOURCE: . Fuily.funded by NCEM and FEMA if approved. ~ ~ . - ATTACHMENTS:. °None . .REVIEWED BY: LEGAL': FINANCE: Approve 'BUDGET: N/A HUMAN. RESOURCES: N%A ~. - COUNTY MAN,4GER'S COM-MENTS AND RECOMMENDATIONS: Recommend approval. ~-- . _ ,. ~. - .. _ COMMISSIONERS' ACTIONS/COMMENTS: . ~ . .. ~. . _ ~~ COi~MIr'~~4t~1~ . _ APPROVED f ~~ .° ~ 62EJECTED C~ ` ~: . ~ - f~EMOVED ~ F~.' POSTP®IVED ~ ~` 1 Z ~ . , ~3EARt~ ~ ~~° " ~" ~ _ ~~~~~~ 124 -f- ~ ~ ~~~ - ', , ._ `) . NEIN HAIV®VER C®llIVTY B®ARD ®~ COIVIM9SS1®IVERS _ - REQUEST FOR.BOARD ACTION . . ~ Meeting Date.: 03/12/01 ~~'~ ~ Consent Item #: 6 Estimated Time: ~ Page Number: , Department: Emergency Management Presenter:. Dan Summers Contact: Dan Summers SUBJECT.: , Request approval to apply for amini-grant- from NC Division of Emergency Management for Hazardous 1Vlaterials planning. . BRIEF SUMMARY: North Carolina Division of.Emergency Management is offering amini-grant not to exceed $5,000 .per county to supplement existing planning, printing, and educationa'I support for emergency planning Hazardous Materials events. No matching funds are required. Expenditures may be required,by County once grant award is made. State will reimburse County upon presentation of job invoices or receipts. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval to apply to State for funds as noted above. Request approval of,budget amendment if grant is awarded. '_ FUNDLNG SOURCE: ~ ' , Fully funded by.NCEM if approved. ' ATTACIiMEN~'S: . None REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A .~` COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: . Recommend approvaf.~~„~ COMMISSIONERS' ACTIONS/COMMENTS: .. • ,. ..~. ~Qt1NT1f ~N1NI1~9~ APPROVED REJECTED ; , f~ ~2EMOVED ~ ~, ,, 'POSTPONED: ~ ~ `~ ,~:~ .~.~t,a~o ~~""125 This pace intentionally left blank} k 'ill ~L~l~ii!((~aN~~~4Yp~•~iF b' ~~~ ~~ ~~~~~ ~~' ~~ ~'~ ~, ,~f~~~ . f~EV11 HA~JOVER COUNTY BOAR® OF COlVIMISSIOfVERS . , ~ ~ ~ REQUEST FOR BOARD ACTiO~iV - ~ Meeting.Date: 03/12/01 Consent.ltem #: 7 Estimated Time: Page Number: _ Department: Engineering Presenter: Greg Thompson ~ } Contact: Greg Thompson SUBJECT: Veterans Park Change Order to Contract #00-0297 . ..Maintenance Facility/irrigation System SR1EF SUMMARY: ~ ~ ~ - The New Hanover County School. System is scheduled to open two (2) new schools at the Veterans Park Site in May of this year. The May opening will be in preparation for the full schoolterm (i.e., equipment, furniture, start-up, etc.) At that time, the New Hanover County Parks Department will be responsible for the maintenance of the grounds for the entire complex: In order to accomplish this; a maintenance facility will be required. Additionally, if the County's athletic fields are to be utilized permanently an irrigation system will be required to .support the vegetation on the fields. The total estimated cost for. fhis work is approximately $740,000. ,Maintenance Facility - `$200,000 ,Irrigation $540,000. The funds are within the existing budget. Please recall the Board's action at the October 16,_2000 meeting at which time approval was granted for .the first ' phase of the Park facilities. .RECOMMENDED MOTION-AND REQUESTED ACTIONS; Staff request authorization to negotiate and execute a change order with the contractor currently working~on site for the construction of the maintenance and irrigation system. The authorization would limit the change order amount to the estimated $740,000. FUNDING SOURCE: - 319-_612.3190.6000 .ATTACHMENTS:- ` REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve COUNTY MANAGER'S CO MENTS AND RE Recommend approval. ~,., COMMISSIONERS' ACTIONS/COMMENTS: HUMAN RESOURCES: N/A APPROVED REJECTE® t ~tEMOVED ~ - ~ POSTPONED ~ ~ ' 66EARD ~' ~~~ g..~~ a ~ a limo- X27 `'.Sa- " ~~ fr.~,~ rf w~~~~'~a=1 ~~f~M~ f u k"M ap~pp R"s"4w is i, .. - - ;d ~ -_. fVEVV HAtVOVER COUNTY BOARD OF C01VlIV~ISSIONERS ` REQUEST FOR BOARD ACTION '` . , Meeting Date: 03/T2/01 Consent Item #: 8 Estimated Time: Page Number: . Department: Ehgineering Presenter:. Dave Weaver .Contact: Christine Q. Neai .SUBJECT: Possession and Control of Abandon Delgado Cemetery BRIEF SUMMARY; There are several known abandoned cemeteries on individual parcels of land throughout. New Hanover County. Pursuant to State regulations, New: Hanover County is .required to take possession) and control of these sites, if there is no clear title that -can readily determined. This cemetery falls under that category. Attached is a resolution to take possession and control of this .. cemetery. • RECOMMENDED MOTION AND REQUESTED ACTIONS: ' - Recommend the County take control of this cemetery and establish the boundaries-for maintenance purposes only and close this site down for any more burials. Also, recommend the ; • Board adopt the attached resolution. . FUNDING SOURCE: 110-410.4197.1000-3942 - ,. , .. ATTACHMENTS: ' Location Map ~~ ~ ~ '. .;, CemeteryResolution-Confe REVIEWED BY: ~ ~ . LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A , COUNTY MANAGER'S CO MENTS AND RECOMMENDATIONS: Recomrriend approval. ~` COMMISSIONERS' ACTIONS/COMMENTS: - . 4 ~ , . ~ ~. ' - ~~u ~~+ APPRO ~: .. , .. 82EJEC1'E® - - REMOVE® ~ 7 . .Pose®~~ ® 1.29 RESOLUTION OF THE NEW HANOVER COUNTY ' BOARD OF COMMISSIONERS WHEREAS, pursuant to G.S. §65-3, the County Commissioners are required to .take possession and control of all abandoned public cemeteries to establish property boundaries; and to preserve such sites, as appropriate; and WHEREAS, an examination of tax records and historical sourced indicate that the cemetery situated at 626 Confederate Drive/Delgado Cemetery, Tax Parcel No. 805480-010- 002-000 is abandoned within the definition of the statutes, without any ascertained record owner, and without any person or entity maintaining said site. ' , . .NOW, THEREFORE, BE IT RESOLVE® that the New Hanover County Board. of Commissioners does hereby accept possession and control of,the above-referenced cemetery as required by law. This Resolution is directed to be recorded in the Registry of Deeds. This the day,of , 2001. (SEAL) ATTEST: Clerk to the Board NORTH CAROLINA NEW HANOVER COUNTY New Hanover County Ted Davis, Jr., Chairman !, , a Notary Public of the State and County aforesaid; certify that Lucie F. Harrell acknowledged •that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, Ted Davis, Jr., sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this _ day of , 2001. ... J J ~.a lie,l.l~ i~ U{~'i~~k+~'a~i~e~ -' ~~ ~ ~r My commission expires'.-~~ ~~Il.~i 1 ~o + ~r~~i~~ra``~i!r~~~: .~.~t .~~, . R ... , i t { Notary Public -~ 1 ~~ ~ . i, ~ ~~ ~ ~ / ,', ~-~ ,,' 1,1 '' ~ I \ ~ ,, , ~~ 1 ~ :111 ``, ; , . 1 ~, ~~ ; I 1 ~~-~__---'-~ A -' jl ~ N/ ~~ i ~. `~:~' -~: ,%, . _ , ~ <~ 00 000 . ~, ~ , ~ ~ ,-~ 5408-C~1`0- 2- ;' . j- , ,~/V ~~~~, ~ ~ ~. ~ , i i ~~ i ~ ~ ;~/ a _ ~~~ ~~\ /~ ~-~ --_ ~~~ A ~ i ~. ,_- .. ~ ~ .. ~ . __ . - ,. I _ _ --------_ `----- -' i. j -~ -- II ~ ~ ~ /~ ~ :~_ I ~~ ~~ ~ r ~ ~! I ~ A~ ~~ ~ ~ ~ _~ ST , , N ~ Cie! ado Gamete rr-----= ~ _ . ~~ E February 12, 2001 ~ ! ~~ j --' - ~ ___ _--_~- -'' ~ ~ ~ Map-Not-To-Scale ~ i ~~ ~; ~ ~ -~ r ; < ----_i i ~ ~ y- ~ `i --~ %~ ~ ,~ ~ ~~ {This page intentionally left blank} . NE1N Hr4NOVER COI~NTY B!~ARD ~F C(JNIMISSIOIVERS .. REQUEST FOR, BARD ACTION ~ _ - Meeting Date: 03/1.2/01 - ~ _ -;: .. "Consent Item.#: 9 Estimated Time: Page Number: ~ ` - - Department: -Finance Presenter; ~ - Contact:- Bruce Shell ., ~.. ~ _ SUSJECT: , . Adoption of resolution frorri Bank of America and approval of signature card adding names of individuals authorized to complete financial transactions for ~ . the Sher.iff's Department Civil bank account.. - BRIEF SUMMARY: °' Ch.afiges have been made at.the Sheriff's Department and additional individuals authorized to - complete financial transactions forthe Sheriff's Department Civil bank account need to be added. Attached is.a~resolution aril signature card provided by Bank of America for this purpose. - RECOMMENDED MOTION AND REQUESTED ACTIONS:. . '-Adopt resolution from Bank of,America and the signature card. . - `FUNDING SOURCE: ~ . . ~ None required ATTACHMENTS: f: `~ The resolution from Bank of America and the signature card.. ' REVIEWED.~BY: `. LEGAL: Approve FtNANCEt Approve ~ BUDGET: Approve HUMAN RESOURCES: N/A~ ` COUNTY MANAGER'S COMMENTS. AND RECOMMENDATIONS: ~ [ .Adopt resolution as requested above. ~/ .~, . COMMISSIONERS' ACTIONS/COMMENTS: idles ~/ ' . ~EJEC`CE® ~ . P®~~~~ ~ ~. ~~ ~ 133 -~~~® .-~ ~n~~m~~~~ ~~~ ~iiitiC318'~l0rated ~SS0CiS1~i®ii BANK OF AMERICA, N.A. (TIiE 'BANK") $igiiature Card . Assovrot idairtat~er 000650763904 ~ Temporary Signature Card Account Type Full Analysis Business Checking' • Account Title NEW HANOVER COUNTY SHERIFF'S DEPARTMENT CIVIL COLLECTIONS ACCOUNT Name of Unincorporated Association NEW HANOVER COUNTY Tax Identification Numbez. 5 6 -6 0 00 3 24 By signing below, the above named Association agrees that this account is and shall be governed by the terms and conditions set forth in the following documents, as amended from lime to time: (1) the Deposit Agreement and Disclosures (2) the Business Schedule of Fees, and (3) the LVfiscellaneous Fees for Business Accounts, and the Association further acknowledges the receipt of these documents. Substitute Form tlV-9. Certification -Under penalties of perjury, 1 eerti$y that: (7 j The number shown on this form is the correct t®cpayer identification number (or 1 am waiting foe a number to be essved to mej, and (2j 1 am not subject to backup withholding beeavset (Aj 1 am exempt $rom backup wathholdin~, or (Bj 1 have not boen nofifaed by the InternaC Revenue Service {1RSj heat 1 am sulaject to laaekpp withholding. as a result of a $aolure to report gall interest or dividends, or {Cj The 1R5 has' rota~iad me that 1 aa» no longer subject to backup withholding. • Certafieation Instructions You must cross out item (2) above if you have been notified by the IRS that you are currently subjeci to backup withholding because of underreporting interest or dividends on your tax return. (See also IRS instructions for Substitute Form W-9 in the Deposit, Agreement and Disclosures). ~ Exempt (check i_f applicable) The, Internal Revenue Service does not require your cohsent to any. provision of this document other than the certifications required to avoid backup withholding. PleaiaaTTe typed or printed) S®~seature,~ ~l ......._- 2 Julianne M. Griffin ~~~~.'L'~-~~- s. Barbara D. McClure d Marl. in7 ~j„rirPnt ,. Michael Wallace N than RR ~TTohngonn I, the undersigned,y5ere5y certify (1) that I am the Secretary or Assistant Secret e ssociation named h v~ , that the above name person(sl are those person(s) currently empowered to act under the Association's resolutions authorizin t is account and the other b i g ser~lces procrided,for therein, (3) that the specimen signature set forth opposite the name of each person is true and genuine, and (4) the Substitute Form W-9 ertification. This day of ' nairman; f ew kio~ver~ County Board of County ommissioners A9'AA/deposit/~hee{t C®rd 6teelaiest Provided that the account referenced above is eligible to receive automated teller machine cards and/or Check Cards, I (as authorized by the resolutions which authorize this account) hereby request the issuance of such cards to any of the authorized signers on this account. Signature Title .,,~ ~..• yu-- OPftiel$IOii - ~.~~ :s~~1':':i:-"'yi~`1 Date - '" Banking Center Name Associate's Phone Number Associate's Name ss-is-so1sM s-isss NNC ~~~~~~@'$"'~~ ~° - Certi#ied C®py of Uninsoa'p®atiw4ed Assoeicafiion Resolutions • BANK OF AMERICA, N ;A.,(THE "BANK")_ ®pevaing Band tlRlaain~aaining ®e~aosit ~esoaae~ts seed ~e~vis®s ' me of Unincorporated'Association NEW' HANOVER COUNTY SHERIFF'S DEPARTNIEN2 } Chairman a, ie~undet signed, her:ehy certify to Bank of America , that I sin the~~t~r~'~~~t~i~~~~~ and the designated - New Hanover Count - - keeper of the records and minutes of y , an unincorporated association-whose principal address is in the State of NOrth' -CarOllna (the "Association"); that I have full authority to manage, represent, sign for raid hind the Association, that the following is a true copy of resolutions duty adopted by the governing body of said Association at a meeting duly held. mi the day of. , at which a quorum was present and acted tlu•oughout or adopted by the unanimous written consent of the governing body; and that such resolutions az•e in full force and effect and have not been-amended or rescinded. 1. 98eso6ves8,;that Bank Of AmeT1Ca, N. A. (the "Bank'.'? is hereby designated as a depository of the Association and that. :deposit accounts and/or time deposits (CDs) he opened and maintained in the name of this Association with the Bank in accordance with the terms of the Bank's Deposit Agreement and Disclosures and the applicable rules and regulations for such accounts; that any on.e of the following Authorized • Representatives of this Assgciationi Bruce T. Shell Name 'Pitle - Julianne M. Griffin Deputy Finance Director Nu r Title Barbara D. McClure- Assistant Finance Director • N"mark W. Vincent TitleSgt-NHC Sheriff's Dept . .• `Nathan R. Johnson P•ajo -NH(' Sh r' ff' G Pent- `• -N~~'i~chael Wallace TicleSgt-NHC Sheriff',s Dept. ~• r q }, is heeehy au~Iioriz ~do~n behalf of this Association'and in its name, to execute and'~~Ig~~d~iy ~~edCict~t,~~~it~g>~~~irt, aignatut•e ccu•d and any ether documentation required by the Bank to open said accounts; to sign checks; drafts, notes, bills of exchange; acceptances; time deposits (CDs) a• other orders for payment of money; to endorse checks, drafts, notes; hills, time deposits (CDs) or other instruments owned or held by this Association foe ' deposit with Bank or for collection or discount by the Bank; to accept. drafts, acceptances, and other instruments payable at the Bank; to place orders •' h the Bank for the purchase and sale of foreign currencies on hehalf• of this Association; to execute and deliver an electronic fund transfers agi•eemeiit ~to make transfers or withdrawals by electronic transfer on hehalf of the Association; to obtain an access device (including but not limited to a card, nr other means of access to the Association's accounts) that may be used for the purpose of initiating electronic fund transfers [Association agrees and acknowledges that neither the Electronic Funds'I4•ansfer Act (15 U.S,C. 1693 et sey.) norRegulation E (12 C.F.R. Part 205) are applicable to any tiuch:accese device);.to establish and maintain a night deposit relationship; to execute and deliver awire transfer agt•eement and to request, or to appoint oi- 'delegate fromtime to time such persons who may request, wire's of funds; to enter into any agreements with the Bank for the provision by Bank of va~•ious Treasw•y Management services to this Association as such Authorized Representative may determine,. in his or her sole discretion, and to sign any and all documents and take all actions required by Bank relative to such Treasury Management services or the performance of the Associatiai's obligations thereunder, and'that any such Treasury Management agreement(s) shall remain in full force and effect until written notice to terminate given in accordance with the terms of any such agreement shall have been received hythe Bank and that such termination shall not affect. any action - taken by the Bank prior to such termination; to rent or lease a safe deposit box fi•om Bank, to execute the rental agreement or lease, to enter the safe deposit box and to terminate the rental agreement or lease; to take whatever other actions or enter into whatever other agreements relating to the -accounts or investment of funds in such accounts with the Bank and to execute, amend, supplement and deliver to Bank such agreements on hehalf of the Association upon such terms and conditions as such Authorized Representative may deem appropriate -and to appoint and.delegate, fi•om time to Mime, such person(s) who may he authorized to enter into such agreements and take any other actions pursuant to such agreements in connection with said accounts that the Authorized Representative deems necessary; and to waive presentment, demand, protest, and notice of protest or dishonor of any ,.check, rate, hill, dry:ft, nr other irstrument made, drawn or endorsed by this Association; and' • , 2. iPeoP#Item' i<feso{vea$; that the Bank he and is hereby authorized to -honor, receive, certify, pay or exchange for money orders or other instruments .zll;instruments signed in' accordance with the• foregoing resolutions even though such payment may create an overdraft or even though such instruments may he drawn or endorsed to the order of any Authorized Representative signing the same or tendered by such Authorized Representative nr a third patty for exchange or cashing, or in payment of the individual obligation of such Authm•ized Representative, or for deposit to_.such Authorized Representative's persona} account and $ank shall not he required ni• he under any obligation to inquire as to the circumstances of the issuance or-use of any instrument signed in accm•dance with the foregoing resolutions or the application or disposition of such instrument m•.tlie proceeds tllerenf; and, fw-tlier, that the Bank is authorized to honor any instructions regarding withdrawals, orders for payment or transfer of funds whether oral, by telephone - nr electronic means if such withdrawal,. orders or transfer az•e initiated by an Authorized Representative; and 3. ~aiP$EaeP'ii;esoLved, that the Bank he and is hereby requested, authorized and directed to honor and to treat as authorized, checks, drafts Brother orders for the`payinent of money drawn or purportedly drawn in this Association's name, including those payable to the-individual ordet• of any person whose name appeaz•s thereon as signer thereof, when bearing or purporting t~ hear the facsimile signature of an Authorized Representative authorized in the•foregoing resolutions and Bank shall he entitled to honor, to ta•eat as authorized, and to charge this Association for such checks, drafts, or other ers regardless of by whom or by what means the actual or purported facsimile signature thereon may have been affixed thereto, if such signature _ ~mhles the facsimile specimen duly certified to or filed with the.Bank by the Secretary or Assistant Secretary or other otficei• n~n rued presentative of this Association oi• if such facsimile signature resembles any facsimile signature previously affixed to any check, ~rther order drawn in the Association's name, which check, draft, or other order was accepted and paid without timely objection by the Association, thereby ratifying the use of such facsimile signatiu~e; slid the Association Hereby indemnifies and holds the Bank harmless against any and all loss, cast, damage or !- expense suffered or incurred by the Bank arising.out of or in any way related to the misuse or unlawful or unauthorized use by a person of such facsimile signature; and 00-iM1~90] iM ' R-1AAA NNC - ~ ~ .. ' 4. Euathea Resolved, that endorsements for deposit may he evidenced by the name of the Association being written or stamped on the check or other instrument deposited, without designation of the party making the endorsement, and Bank is authorized to supply any endorsement:on any instrument tendered for deposit or collection; and •` 5. Furthea Resolved, that the Secretary or Assistant Secretary or-other duly. authorized officer of this Association shall certify to the Bank names and siguatui•es of persons authorized to act on behalf of this Association under the foregoing resolutions and shall from time to time hereafter, as changes in the identity of said Authorized Representatives eu•e made, immediately report, furnish and certify such changes to Bank and shall suhmitl 1 Bank a new account signature card reelecting such change in order to make such changes effective and Bank shall he fully protected in relying on such certifications and shall be indemiufied and saved'har•mless from any claims, demands, expenses, losses, or damages resulting from, or growing out of, honoring the signature of any Authorized Representative so'certified, or refusing to honor any signature not so certified; and 6. Fua~9tea Reso9vea$, that the foregoing resolutions shall remain in full force and effect and the authority herein given to all of said persons shall remain irrevocableYae far as Bank is concerned until three (3) business days after Bank is notified in writing of the revocation of such-authority-and • that receipt of such notice shall not affect any action taken by the Bank prior thereto: and 7. Furlhea Reno@ved, theft all transactions by any Authorized Representative, offcer or employee of this.Association on its behalf and in its, name with Bank prior'to the delivery to Bank of a certified copy of the foregoing aesolutions are, in all respects, hereby ratified, confirmed, approved and adopted; and ~ ~ • 8. Fuafhea Resolved, that the Secretary or Assistant Secretary be and hereby is, authorized and du•ected to certify these resolutions to Bank and that the provisions hereof az•e in conformity with the. Articles of Association, Charter, Rules and Bylaws of this Association.. Chairman in 9R3'afrtess loem'eo~ and intending to hind the Association, T Nava hereunto subscribed my name as the ~,~~~~ . of this Association, this .day of ~~~~~ • Chairman, New Hanover County Board of County Commissioners ~; Date Banking Center Name Associate's Name Associate's Phone Number - NEW FIANOVER COlJN1"V ~30AR® OF COMMiSS60NERS REQUEST FOR BOARD ACTION Meting Dater 03/12/Ol ` Consent Item #: 10 Estimated Time: Page Number: ' Department: Governing Body Presenter: Lucie Harrell Cantact: Lucie Harrell ~" ~ ` SUBJECT: - ` Adopt. SR-2 Resolution requesting IVCDOI' to add roads in Huntington Forest Subdivision to the State Highway System ' BRIEF SUMMARY:, NCDOT is requesting the County to provide the required Resolution before they add the roads to the State's system. RECOMMENDED~MOTION AND REQUESTED ACTIONS: Adopt resolution . FUN®ING SOURCE: " .: NCDOT . ATTACHMENTS: Letter from NCDOT' ~ _ ITEM DOES NOT REQUIRE REVIEW ~. COUNTY MANAGER'S COMMENTS AND RECOMMfN,DATIONS: Recommend approval. ~.~, COMMISSIONERS' ACTIONS/COMMENTS: . ,,~'1 . APRROVEf;9 , ~E.lEG't'E® ~ ~ X' kREMOVE~ ~ ~ ~~S~~N~~ ~ 13 7 ~~ ~ , . CaA STA7Fo / "a ~ • '~ ~~ • STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY LY1~1D0 TIPPETT GOVERNOR SECRETARY February 5, 2001 NIs. Lucie F. Harrell, Clerk New Hanover County Board of Commissioners ~ - 320 Chestnut Street ' Wilmington, North Carolina 28401-4093 Dear NIs. Harrell: This office is considering the addition of roads in Huntington Forest Subdivision (Div. File No. 969-N) to the state system. After the Board's consideration, if they concur with our recommendation, please furnish this office-with the' current~county resolution and official road name for our further handling. If I may be of fiirther assistance, please advise. Very truly yours, Robert A. Vause, P. E. District Engineer - RAV:psj cc: Mr. S. E. Cooke, P. E. D ~~~~~~ ..,~ ~.~~ ,fine C-,+ . . , ~ : , :~€+~~. r E B - 8 2001 ~~ *~f~; ~~ _ ,~; ~,~~-~ NE4~' HANOvER CO BC Of COMMISSIONERS .. ~~ - ~ r, i 124 Division Drive, Wilmington, N.C. 23401 (910) 2~ 1-26» Fax: (901) 2~ 1-2'~9 ~, . , NEB HANOVER COUNTY BOAR® ®F COMMISSIONERS REQUEST. FOR BOAR® ACTIOf~ .~ Mee#ing ®ate: 0~/32%O1 ; Y, Consent Item #: 11 Estimated Time:` Page Number: - Department: `iT Presenter: John Carriker Contact: John Carriker ' -SUBJECT: Approval of Requesf for Funding for Immediate Development of Criminal Justice Software - BRIEF SUMMARY: ' In order to efficiently manage the jail population, the Criminal Justice System. needs additional software that will connect local jail data with State Case Management Data. We have located a firm that. will develop the needed software,- install it, and train. all personnel in its usage. This firm. has a successful history of providing software for Superior Court Judges in Nerth Carolina. They are prepared to initiate this project immediately if funding is approved. Because this is a software system that is being designed unique to our needs, Finance has determined that fhis is a contracted services transaction and is not subject to State bidding requirements. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend $225.,000 be approved for the development of the Criminal Justice System software ~dis,cussed above. Direct staff to prepare a contract with CX Corporation ~n'd authorize the County ' Manager to execute all documents related to this transaction and approve associated Budget ' Amendment No.,2001-28. - FUNDING SOURCE: Funding will be.from the Judicial Expansion Capital Project. Projected interest earnings from . available proceeds will be:used to fund this project. . ATTACHMENTS: Memorandum from District Attorney BA ~2001.28.wpd .REVIEWED BY: - LEGAL: ..FINANCE: Approve' BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: The Counfiy is,applying for a Governors' Crime Commission (GCC) Grant that if awarded would pay for 7.5 percent of this system.Therefore, this request is being made contingent upon receiving or not receiving this GCC grant.. COMMISSIONERS' ACTIONS/COMMENTS: Postponed ~~ui:~~~~~~ APPROVE® .1~ ~E~o~E® ~.% k 13 9 ~~~~~»~ . 1~~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/12/01 Budge# Amendment , DEPARTMENT: Judicial Building Capital Project BUDGET AMENDMENT #: 2001-28 ADJUSTMENT DEBIT -CREDIT -- Interest On Investments $225,000 ,, Installment Loan Proceeds ~ $225,000 . ._ EXPLANATION: To budget interest income from COPS proceeds for software improvements. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners ~ ~ , ' ~ ~ _. ~Jtif~~t`~ ~,~~`.Si`i~.'-'. . +~it~~~~'r~~ ,... t j NEYV HA[V01/ER COUI\ITY BOARD OF COMMISS10.1VERS REQUEST FOR BOARD ACTION . Meeting Date: 03/12/01 Consent Item #: 12 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell SUBJECT: Appointment to the Region 0 Area Agency on Aging Advisory Council and the New Hanover County Home and Community Care Block Grant Advisory Committee BRIEF SUMMARY: Appointment of Max Eenson and Jane Barefoot to the Region 0 Area Agency on Aging Advisory Council and the New Hanover County Home and Community Care Block Grant Advisory Committee as recommended by the Director of the Department of Aging. RECOMMENDED MOT10N AND REQUESTED ACTIONS: Make appointments as recommended FUNDING SOURCE: ATTACHMENTS: Letter from Annette Crumpton Department of Aging t7EM DOES NO7 REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RE Make appointments. /1-y-' COMMISSIONERS' ACTIONS/COMMENTS; l ~ IdEJECTE® ®~ i~ ~~~ ~ .a ~~~ .3.(,Z~or~ 141 Ati\ETTE CRlii`~IPTGN Director Februan 12, 2t)t) I DEPARTMENT OF AGING 2222 SOUTH COLLEGE ROAD WILiti'ITIGTON, NORTH CAROLINA 28403 TELEPHONE (910) =15Z-6d C0 Fax (910) ~1~2-6<l11 Ted Davis. Jr.. Chairman New Hanover Cotu~ty Board of Couunissions 320 Chestnut Street Wilmington. NC 28101 . Deer Chairu~an Davis:• The Region O Area Agency on Aging Ads ison,' Council and the New Hanover County Home and Cotnnuu~ity Care Block Grant Advisory Committee are two committees that work closely with the New Hanover County Department of Aging throughout. the year to improve scn ices For older adults. The Board of Commissions appoints members to both conunirtecs. f1t present, there ~u'c iwo openings on both committees and we would appreciate the consideration of the Board of Commissions in appointment of the following persons to the two committees. ' ' The Region O Area Agency on Aging Advisor< Council is under the direction of the Area Agency on Agine Administrator, Jane Jones. The Council is composed of representatives from four counties: Bnmswick. Columbus. New Hanover. and Ponder. The Ceunci] meets quarterly at the Senior Center on College Road. The Home and Couununln~ Care Block Grant is specific to New Hanover County and is ch~uged with making rccominendations to the New Hanover Board of Commissions on the distributions of funds and the services provided.in our county. The Committee meets in' March and October, or as needed when new funding becomes available. f sen~c as the contact person for tlae committee. The following two individuals have demonstrated leadership and interest in working with the Area Agency on Aging and the Department of Aging and would be an asset to the two committees. Max Fcnson 251("> Crab Catcher Couri w'iimington. NC 28~1O~) 91O-i')2-U7~i7 Max Fcnson is currently the New Hanover Count} delegate to the North Carolina Senior Tar Hcel Legislature and serves on the Resolutions Committee. In this capacity. he meets with state legislators in Raleigh and New Hanover County to advocate for older adults. He rccentl_y completed t}le I ~-month Leadership in Aging program sponsored by Duke University. Mr. Fenson's credentials and his commitment to improve services to older adults makes him an excellent candidate for both committees. Jane Barefoot 22C~ White Oak Drive " ` .a. Wilmington, North C<>rolina,28~,O9~~,; -., ') I O-79~J-191 142 ~ ..,, . . ~~c~o~~ ~ FEB 1 4 2001 NEW NANOVER CO t30 Of COMh11SStONERS -~ Jane Barefoot has been an advocate for the elderly populations most of her adult life. Bettiveen 1982 and 1987 she worked for the Presbyterian Church Hunger Program as a Hunger Action Enabler in southeastern North Carolina. Between 1987 and (998 she served with Lower Cape Fear Hospice in the spiritual and bereavement care dcpariments as director of the Grief Counseling Center. Many of the patients were elderly and recipients of Medicare or Medicaid. Mrs. Barefoot has ~ilso served as Director of the Child Advocacy Commission in Wilmington and worked with the Guardian ad Litem program in New Hanover, Pender, Bnulswick, Bladen and Columbus counties. After Hurricane Floyd she worked with flood victims during the recovery period. 11~e majority of her clients were elderly. Elderly issues of specific interest to Mrs. Barefoot include. cost of prescription drugs, musing home care and quality medical care for all. I would appreciate consideration of the New Hanover County Board of Commission in the appointment of Mr. Fenson'and Mrs. Barefoot to the Region O Area Agency on Aging Advisory Council and the New Hanover County Home and Conununity Care Block Grant conunittee. Please contact me at X152-6=100 if you have questions. Sincerely, G ~ 1-v~-Z.-~-- i !r-~-`vi.~ o?- Annette Crumpton N`l1C Departlncnt of Aging • ~ 143 {This page intenti®nally left blank} 144 ~ NEVI HANOVER COIJNT~Y B®ARD OF COMMISSIONERS REQUEST FOR BOARD ACTION i Meeting Date: 03/~2/0~. "'"'' Consent Item #: 13 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Andy Atkinson SUBJECT: Criminal Justice Partnership Program Continuation Grant BRIEF SUMMARY: The State provides the County with $155,836 in grant funds to fund the Pretrial Release Program and the Day Sentencing Center. These two programs are necessary to provide Judges alternative sentencing measures as they work with structured sentencing. The grant does not require any county match. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the submittal of the continuation grant to the state, and when approved authorize the Chairman to sign, and the budget to be authorized as part of the fiscal 2001.02 budget. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with the recommendation above. ~- ~ COMMISSIONERS' ACTIONS/COMMENTS: ~~ ' (~ ~~JECI'E® C8 ' ~~SpT~I(~, ~J~ CoJ ~; `yCr.~t'66 ~C.X ~ '~ ~zF~ ~ ~ '' 1 ~. ~~ {This page intentionally left blank} t~ : t, L ,+ .}~' 14.6 C7 a NEVH HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTIOi~ Meeting Date: 03/12/03 ADJUSTMENT Non-Departmental: Contingencies . Outside Agencies: Economic & Physical Development: Greater Wilmington Chamber of Commerce DEBIT CREDIT $10,000 $10,000 EXPLANATION: To transfer funds from Contingencies to the Greater Wilmington Chamber of Commerce for the General Assembly Legislative Weekend in New Hanover County on April 27-29. This amount ($10,000) was approved on the 1/22/01 agenda. ADDITIONAL INFORMATION: With approval of this budget amendment, the remaining balance in Contingencies will be. $252,300. APPROVAL STATUS: To be entered into minutes COMMISSIONERS' ACTIONS/COMMENTS: e'i.~~~~ i Y~ ~ J ~1~~1 iR~MOlfC~D: ~QSTt~~9~ ~ ~~x® Q '~ Y`" ~.3_- ? Lin i~~~~ 14 7 - { ~'hi~ page intentionally left blank} ,a -~ _ _~ ...{ r ~ } ~ ~h , w 1~ ~ .~ .. . NEW HANOVER COl9NTY BOAR® OF COMM1SS90NERS REQUEST FOR BOARD ACTION Meeting Date: 03/12/01 . Consent Item #: 15 Estimated Time: Page Number: Department: Human Relations Presenter: Contact: Carl Byrd SUBJECT: FY 00-01 EEOC Grant BRIEF SUMMARY: The Human Relations Department has been awarded the standard EEOC grant for FY 00-O1 in the amount of $27,500. The budget amendment is prepared for the difference between $26,000 (amount budgeted) and the actual grant award of $27,500. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the EEOC Grant. Recommend authorization for the County Manager to sign the grant document. ,Request approval of associated Budget Amendment #010146. FUNDING SOURCE: EEOC $27,500 ATTACHMENTS: ,,-y ba0t1-146. REVIEWED 8Y: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. ~'~-~ COMMISSIONERS' ACTIONS/COMMENTS: _ (~~yOV U 19 `l9vlt76iV~~l~~~ i ~ ^~' a no ~+•- ~j ~1PPR61D~ ~~ :: ,`~ ~EJEC~'E® ~ ~ y~ ` ~tEMO!!E9 ~ t A .1 f~bEA'~®~ ~ ~ ~~ ~~ f -~ r 150 NE1lV HANOVER COUNTY BOARD OF COIVIIVIISSIONERS REQUEST FOR BOARD ACT10N Meeting Date: 03/12/01 Budget Amendment DEPARTMENT: Human Relations-EEOC BUDGET AMENDMENT #: 01-0146 ADJUSTMENT - DEBIT EEOC Grant $1,500 Contract Services f~ CREDIT $1,500 EXPLANATION: To increase budget to actual ount of FY 2001 EEOC grant award (grant budgeted at $26,000; actual award is $27,500). ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners ~~LIN1Y COMMI. _ a ~~~ ~ , ;;, REJECTED ~ ~~ ~`'~ ~~ ; ..~ ~t,~> 51 REMOVED © l~ `!`K~~<:~~.u~.~~'1 POSTPONED Cd ~' :=r~V<';l E~6EAR~ ~~ ~, ~ .~. ;~~; ~. . NE~d HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION . Meeting Date: 03/12/01 Consent Item #: 16 Estimated Time: Page Number: Department: Sheriff Presenter: Contact: Amy Akin SUBJECT: Disposal through exchange of a 1992 Chevrolet Caprice law enforcement package car with a 1994 Ford F350 Type 1 ambulance. Exchange of vehicles between County and the New Hanover Regional. Medical Center. BRIEF SUMMARY: The Sheriff desires to transfer to the New Hanover Regional IVledical Center a 1992 Chevrolet Caprice law enforcement package car (VIN 1G1BL5371NR139880) in exchange fora 1994 Ford F350 Type 1 ambulance (VIN 1FDKF37M2RNA43705). This Chevrolet Caprice is currently insufficient for the Sheriff's operation but would be useful,to the Medical Center in their routine operations. The Ford F350 Type 1 ambulance is insufficient for the Medical Center's operation but would be useful to the Sheriff's Department in the Uniform Patrdl Division. General Statute 160A-274 authorizes the County Board of Commissioners to approve this type of transfer of property. . In order to record the transaction, Budget Amendment No. O1-0.147 for accounting .purposes is attached for approval., RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the attached resolution which approves the transfer and directs the County staff to process any required documents to consummate the transaction: Approval of .Budget Amendment No. 01-0147 for accounting purposes only is recommended. FUNDING SOURCE: No funds to be expended. Budget-Amendment No. 01.0147 is for accounting purposes only ATTACHMENTS: The resolution and Budget Amendment No. 01-0147 are attached ">,~. resolution for exchange-chev from Sheriff with ambulance BA #O1.0147.wpd REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve COUNTY MANAGER'S, COMMENTS AND RECOMMENDATIONS: Recommend approval: ~.~-- COMMISSIONERS' AC IONS/COMMENTS: ~~ (~~IMB~~I~~~ APPR®!!E® •~~~ RE~EC`~E® REMOVED ~ POSTPONE®~ ~F~4R0 rr l~ l ~~'~ , , ~ 112 I HUMAN RESOURCES: N/A 151 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the New Hanover County Sheriff s Department has a 1992 Chevrolet Caprice law enforcement package car, Vehicle Identification Number 1G1BL5371NR139880, that is currently insufficient for the Sheriff's operation; AND WHEREAS, the New Hanover Regional Medical Center has a 1994 Ford F350 Type 1 ambulance, Vehicle Identifications Number 1 FDKF37N12RNA43705, that is currently insufficient for the Medical Center's operation; AND WHEREAS, the County and the Medical Center desire to exchange vehicles without monetary consideration as provided in General Statute 160A-274; AND `VHEREAS, pursuant. to General Statute 160A-274, -the County Board :of Commissioners is authorized to approve such transfer upon such terms and conditions as it deems wise, with or without consideration; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the 1992 Chevrolet Caprice law enforcement package car of the Sheriff s Department, Vehicle Identification Number 1G1BL5371NR139880, be exchanged with the 1994 Ford F3~0 Type 1 ambulance of the Medical Center, .Vehicle Identifications Number 1FDKF37M2RNA43705, without monetary consideration and that the County staff is directed to process any required documents to consummate the transaction. This 12th day of March, 2001. (SEAL) ifs' ,;, ATTEST: ¢.~ ~. .` R .Clerk to the Board I. f 7 1 h ,.d t Chairman, Board of County Commissioners r; 152 NE11V HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION Meeting Date: 03112/01 Budget Amendment DEPARTMENT: Sheriff/Sheriff-Administration BUDGET AMENDMENT #: 01-0147 ADJUSTMENT DEBIT CREDIT Sheriff: Sheriff-Administration: Sale of Fixed Assets Motor Vehicle Purchases $7,680 $7,680 EXPLANATION:. To budget (for accounting purposes only) the transfer of a 1992 Chevrolet Caprice law enforcement pacfcage car to New Hanover Regional Medical Center in exchange for a 1994 Ford F350 Type 1 ambulance. The Chevrolet car is insufficient for the Sheriff's Department but would. be useful for the Medica! Center. The- ambulance is needed by the Sheriff's Uniform Patrol Division and does not serve the needs of the Medical Center. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners - - -- r~ ~ ~ r'~ ~~~ tl ~,~ ~~?% 3 ~ 1` ti~- 11 Z~a~:. ~~ .153 {This page intentionally left blank} r;. ._ ,~; ' ..1 i 154 ~ ..: • ~~ NEVI HANOVER COUNTY BOAR® OF COMMISSIONERS REQUEST FOR BOARD ACTT®N Meeting Date; 03/12/01 Consent, Item #: 17 Estimated Time: Page Number: Department: Human Resources Presenter: Andre R. Mallette Contact: Andre R. Mallette SUBJECT: Personnel Policy Amendment - Article I Sec 2 (e) BRIEF SUMMARY: According to Article I Sec 2 (e) of the Personnel Policy, employees of the Cooperative Extension Service, not paid solely by the county, are only subject to Article I Sec 2 (Coverage) and Article VIII (Grievance Procedure) of the policy. In practice; however, all employees in that department have been allowed to participate in Market Adjustments, Merit Increases, and in the past, Salary Adjustments resulting from pay and classification studies. In order to continue this inclusion, the Personnel Policy needs to be amended to extend the coverage.to all employees in the department. This can be accomplished by.amending Article I Sec 2 (e) to read: This policy will cover all employees in the County's service except: (e) Employees of the North Carolina Cooperative Extension Service, (Ex-eept for tt~o~se--fended °sQhely-by-the-C-oernty) except that they will be subject to Article I, Section 2, Article VII and Article VIII. RECOMMENDED MOTION AND REQUESTED ACTIONS It is recommended that the Board of Commissioners approve the personnel policy amendment adding Article VII (The Pay Plan) to Article I Sec 2 (e), and deleting language noted above. FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve Recommend approval. ~~' COMMISSIONERS' ACTIONS/COMMENTS: C HUMAN RESOURCES: Approve ~~9i ~Mf~611~1~?~~ APPR01l~® • ~tEJECT~® ~2EM0!!E® ~ ®ST~~~ l~ ,. ~~~® a ~~~~ 3~~~.L 16_ j~~r BUDGET:~Approve 155 {This page intentionally left blank} ,~ 15 6 ~- ~ . ~ ~ ~~~ ~~.., ~;r, t _. ~ rin~fi. . j. • NE1N HANOVER COUNTY BOAR® OF COMMiSSLONERS REQUEST FOR BOARD ACTION Meeting Date: 03/12/01 Consent Item #: 18 Estimated Time: Page Number: Department: Register Of Deeds Presenter: Becky Christiari Contact: Becky Christian SUBJECT: Removal of OId Jury Cards BRIEF SUMMARY: - ' Request permission to dispose of 2 boxes of jury cards from 1995 to 1996. This is in accordance with G:S. 9-7. RECOMMENDED MOTION AND REQUESTED ACTIONS: Permission to destroy. FUNDING SOURCE: N/A ATTACHMENTS: N/A ITEM DOES NOT REQUIRE REVIEW Recommend approval. ~' ~'" COMMISSIONERS' ACTIONS/COMMENTS:. ~~ ~~ ~.. ~~~® ~ ~~ BiE,-EC'~E® ~ ~EMOVE® ~ ~' P®STP®NE®C ~ . ~,~~~.~~ ~ - 2lal 157 °t'' ~:' f-'~ ~ti°~l~k(, ~,~ ~,. , .i . r<, ;, . ..R ' , ~, r"' . ~~ s. ~: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/12/01 -~ Additional Item #: 1 Estimated Time: Page Number: Department: Engineering Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: New Hanover County Jail and Sheriff's Administration Facility Approval of Contract # 01-0247 Declaration of Covenants, Conditions and Restrictions BRIEF SUMMARY: On December 28, 2000, a stop work order was issued for the site contractor for the County's Jail project due to various environmental violations. Most of these environmental issues have been resolved with the exception of the 401/404 wetland issues. Applications have been submitted to the State and U.S. Army Corps of Engineers for approval. As part of the application, New Hanover County has included a 20 acre "conservation property." This tract located in the north west corner of the jail site will provide environmental protection for surface waters, including wetlands, and to protect the wild life and natural heritage values. The Corps of Engineers has required that the declaration be approved in order for the application for permit to be considered complete. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of Contract #01.0247 which outlines the conditions and restrictions of the 20 acre site in the form of a declaration. • FUNDING SOURCE: No funding involved. ATTACHMENTS: Contract #O1-0247 REVIEWED BY: ;~ LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. ``~~``~'~~~ \~ COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMI551QN APPROVED ~"'~~ REJECTED C] RE~VV~aVED C7 / ~; ~~ ,_a_3. at ~Bt~~ New Hanover-County Contract #01-0247 Tax Parcel i D # STATE OF NORTH CAROLINA NEW HANOVER COUNTY DRAFT ~~-~~ }~ :a~~~~ ~ ''~=-DECLARATION =' ' ~} { ~ ~ M ;E, ~ ~ °p . ~t~¢ ~~~~~ . . , ~.> This DECLARATION of CONSERVATION COVENANTS, .CONDITIONS, and RESTRICTIONS (" . ~") is made on this day of . , 2001, by NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, with an address at 320 Chestnut Street, Wilmington, N.C. 24801 ("Declarant"). RECITALS & CONSERVATION PURPOSES A. Declarant is the sole owner in fee simple of the certain Conservation Property ("Conservation Property")being approximately twenty (20) acres and constituting a portion of a larger tract upon which the New Hanover County Jail shall be constructed in New Hanover County, State of North Carolina and being that certain ~ ..;-,~ ~~ ~~< xY ~'~{~'_ .~,. r .~ ~.,= . r .. = ~ - -:---~=-tract as more particularly described in Exhibit A attached hereto and by this reference incorporated herein; and NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that all of that approximate twenty (20) acres of conservation property more fully described Exhibit A shall be held and subject to the following restrictions. covenants and conditions as set out herein, to run with the subject real property and be binding on all parties that have or shall have any right, title~orwinterest n~said'property. The purposes of this ConservationdDeclarafion are to provide environmental protection for surface waters. ~~ ~ r ~~ and;to~protect the wildlife and natural heritage values. New Hanover County Contract #01-0247 ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Property inconsistent with the purposes of this Conservation Declaration is prohibited. The Conservation Property shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with .the conservation purposes of this Conservation Declaration set forth above. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A. Industrial, Residential and Commercial Use. Industrial, residential -and commercial activities and any right of passage for such purposes are prohibited. B. Agricultural, Timber Harvesting Grazing and Horticultural Use. Agricultural, timber harvesting, grazing, and animal husbandry operations are prohibited. C. Disturbance of Natural Features Plants and Animals. There shall be no .... ,,. ... ,, - _ :x~. cutting. --=-=-removal.: ~ ~ - o rees ~ ~ • - or the disturbance of other natural features except for the following ~: (1) as incidental to boundary marking, fencing, signage, construction and maintenance of nature trails as approved by the Corps; and (2) selective cutting and prescribed burning or clearing of vegetation and the application of mutually approved pesticides for fire containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants. D. Construction of Buildings and Recreational Use. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier_ landing, dock or any, other temporary or permanent structure or facility on or above the Conservation Property except for the following: placing and display of no trespassing signs, local, state or federal traffic or similar informational signs, for sale or lease signs, signs identifying the conservation values of the Conservation Property, and/or signs identifying the Declarant as owner of the Conservation Property, educational and interpretative signs, identification labels or any other similar temporary or permanent signs. E. Mineral Use, Excavation Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or incidental to any conservation management activities otherwise permitted in this Conservation Declaration. New Hanover County Contract #01-0247 F. Wetlands and Water Quality. There shall be no pollution or alteration of water bodies and no activities that would be detrimental to water purity or that would alter natural water levels, drainage, sedimentation and/or flow in or over the Conservation Property or into any surface waters; or cause soil degradation or erosion nor diking, dredging, alteration, draining, filling or removal of wetlands, except activities to restore natural hydrology or wetlands enhancement as permitted by The Corps, the sState~ and any other appropriate. authorities. G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, or machinery, or other materials on the Conservation Property is prohibited. H. Conveyance and Subdivision.. The Conservation Property may not be subdivided, partitioned subdivided, nor conveyed except in its current configuration as an entity. ARTICLE II. ENFORCEMENT & REMEDIES A t....r _ ,,s i..; s .. s ~ ~ s t ~ r ; . x. - /~Ct ~t .2_ ,, .,., n: .,, ..... ,t. ,.~, r,,,.. , ., ,.. .. , , -. ,~, ; f.... ..i u..... ,...... ..... ........: .... . . .... : . ..: . B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable notice, to enter the Conservation Property at reasonable times for the purpose of inspecting the Conservation Property to determine whether the Declarant, Declarant's representatives, or assigns are complying with the terms, conditions and restrictions of this ~..- ~ -.. -==---Declaration. . . New Hanover County Contract #01-0247 a C. Nothing contained in this Conservation Declaration -shall be construed to entitle Corps to bring any action against Declarant for any injury or .change in the Conservation Property === ~~f °°~- ~-~ . -: ;;;~:=-'--==---resulting from causes beyond the Declarant's control, including, without limitation; fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Declarant under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Conservation Property or harm to the Conservation Property .resulting from such causes. ARTICLE III. PUBLIC ACCESS A. This Conservation Declaration does not convey to the public the unencumbered right to enter the Conservation Property for any purpose whatsoever. ARTICLE IV. DOCUMENTATION AND TITLE A: Conservation Property Condition. The Declarant represents and acknowledges that the Conservation Property is currently undeveloped land, with no improvements. other than any existing utility lines, Declarations and rights of way. B. .Title. The Declarant covenants and represents that the Declarant is the sole owner and is seized of the Conservation Property in fee simple and has good right to make the herein Declaration; that there is legal access to the Conservation Property, that the Conservation Property is free and clear of any and all encumbrances, except Declarations of record. ARTICLE V. MISCELLANEOUS A. Conservation Purpose. (1) Declarant, for itself, its successors and assigns, agrees that this Conservation Property shall be held exclusively for conservation purposes. B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the --.--=:--,---.=-1;----Declaration and supersedes all prior discussions, negotiations, understandings or agreements relating to the ------,--;•------:---,------Declaration. If any provision is found to be invalid, the remainder of the provisions of this --=--------:---==:-;_== Declaration, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. ~ _ ~_-~>~- ~ ~~, ~ 'f- C. Recording. Declarant shall record this instrument and any amendment • hereto in timely fashion in the official records of New Hanover County, North Carolina, and New Hanover County Contract #01-0247 may re-record it at any time as may be required to preserve its rights r"~. h ~ , _ .... t -. ~ a Y ~ t' ?w~. Environmental Condition~of Conservation Property. The Declarant warrants and represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the Conservation Property described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations, and (b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Conservation Property or used in connection therewith, and that there is no environmental condition existing on the Conservation Property that may prohibit or impede use of the Conservation Property for the purposes set forth n the Recitals. IN WITNESS WHEREOF, Declarant by authority duly given, have hereunto caused these presents to be executed by its County Manager, attested by its Clerk to the Board and its corporate seal affixed, as of the dates shown below, to be effectiveupon the date of recordation in the public records.of New Hanover County, North Carolina. Declarant: NEW HANOVER COUNTY By: Allen O'Neal, County Manager ATTEST: By: Lucie F. Harrell, Clerk to the Board (AGENCY SEAL) STATE OF COUNTY OF .New Hanover County Contract #01-0247 ~J I, , a Notary Public in and for said County and State so hereby .certify that personally appeared before me this day and duly acknowledged that she is Clerk to the Board of Commissioners for NEW HANOVER COUNTY, and that by authority duly given and as the act of the Board, the foregoing .instrument was signed in its name by its Co__nty Manager, sealed with its County seal and attested by her as its Clerk. WITNESS my hand and nofiarial seal, this day of , 2001. Notary Public My commission expires: STATE OF NORTH CAROtINA COUNTY The foregoing certificate(s) of ,Notaries, Public, are certified to be correct. This day of , 2001. Register of Deeds New Hanover County Contract #01-0247 This instrument .prepared by and should be returned to: