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Agenda 1999 06-21
1.. , AGENDA ~~'~' HANOVER COUNTY. BOARD OF COMMISSIONERS New Hanover County Library 201 Chestnut Street, 2"d Floor Meeting Room ' Wilmington, NC 28401 , • WILLIAM A. CASTER CHAIRMAN • ROBERT G. GREERVKE-CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER • TED DAVIS, JR., COMMISSIONER • CHARLES R. HOWELL, COMMISSIONER ALLEN'O'NEAL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY • LUCIE F. HARRELL, CLERK TO THE BOARD June 21, 1999 9:00 a.m. MEETING CALLED TO ORDER (Chairman William A. Caster) `~ INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes) APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS TIMES 15 a.m. " 1. Presentation of New Hanover County Employee Service Awards ~. ` 9:20 a.m. 2. Presentation by Mike Singpiel, Falcon Divisional Vice President 9:30 a:m. 3. Consideration of Approval of Fiscal Year 1999-2000 Budget Ordinance for 9:40 a.m. ~, 9:50 a.m. i 10:00 a.m. i 10:20 a.m. ~ 10:40 a.m. `` 1.1:00 a.m. ,. -, i j New Hanover County and the Fire. Service District 4. Consideration of Resolution Authorizing and Directing the. County Manager to Enter into Contracts with Outside Agencies for Fiscal Year 1999-2000 Outside Agency .Funding 5. //''Consideration of High Bid from Auction of Two Acres off Military Cutoff IAt~Y•i,dtf a~i~ ' 6. ~~ of exemption request by Pine Valley Baptist Church R06114-002-004-000 7. Consideration of New Version of Preliminary Assessment Resolution for Mason's Inlet Relocation Project 8. Consideration of Appeal .of Personal Property Tax Assessment - ESCO Inc. 9. Consideration of Solid Waste Tip Fees for Fiscal Year 1999-2000 PAGE NO. 1 3 , 5 7 9 11 25 37 41 11:10 a.m. 10. Consideration of Capital Project Ordinance for Clean Water Management Trust Fund-Wetland Cells; NC Clean Water Management Trust Fund Grant Agreement #1998B-5050 11:20 a.m. 11. Consideration of Memorandum of Understanding Between the EPA and New Hanover County a Landfill Methane Outreach Program Partner 11:30 a.m. 12. Consideration of Appointment of the Airlie Garden Foundation, Inc.Board of Directors 11:40 a.m. 13. Committee Appointments 11:50 a.m. 14. Meeting of the Water and Sewer District ADDITIONAL ITEMS County Commissioners County Attorney County Manager Noon ADJOURN 1:OOpm Convene as the Board of Equalization and Review ~, ;;r. 45 69 77 105 107 ') ~i MEETING OF THE WATER AND SEWER DISTRICT NEW HANOVER COUNTY LIBRARY 201 CHESTNUT STREET, 2"~ FLOOR MEETING ROOM WILMINGTON, NC June 21,1999 9:00 A.M. ITEMS OF BUSINESS ~ PAGE NO. l . NON-AGENDA ITEMS (limit three minutes) 107 2. Award survey contract #99-0401 Arnold W. Carson, RLSPC 109 Brierwood/BrierwoodBrookfield/Weaver Acres/Glynwood Mobile • ` Home Park and approve associated budget amendment #99-0193w • 3: Consideration of approval of change order number three (3)- Heath 113 - Construction contract #98-0176 • 4. Approval to apply for an Unsewered Communities Grant and if awarded 117. authorize the Chairman to execute all associated documents f 5. Consideration of Fiscal Year 1999=2000 Budget Ordinance for the 119 j ! New Hanover County Water and Sewer District . ' 6. Approval of Water and Sewer rate changes . 121 f ~ 7. Award of Bid #99-0356 and approval. of contract #99-0356 for the ~ 127 ' ti purchase of generators. i ,. ' ~ c .. i ADJOURN . •. ~- .. _ , .. CONSENT AGENDA ' NEW HANOVER COUNTY BOARD OF COMMISSIONERS June 21, 1999 ITEMS OF BUSINESS 1. Acceptance of Grant for Handgun Safety Awareness 2. Approval of New Hanover County and New Hanover County Fire District Collection Reports 3. Approval of Release of Value 4. Award of bid #99-0375 and approval of contract #99-0375 for nutrition services for the Department. of Aging ~ • 5. Approval of Library Services & Technology Act Grant 6. Abandonment of Pine Tree Cemetery' 7. Approval of reappointment of members to the Region O Aging Advisory Council 8. Approval of Airlie Gardens Coastal Waterfront Access g""rant application 9. Approval of Budget Amendment#99-0190 10. Approval of Public Beach and Waterfront Access Grant Application for Bicycle Facility Enhancements ~, PAGE NO. 137 141 145 147 151 153 157 165 167 169 r; • i ~I it ',• NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 Regular Item #: 1 Estimated Time: Page Number: Department: Human Resources Presenter: Allen O'Neal -, Contact: Rosetta Bryant SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The following employees are entitled to New Hanover County Service Awards due to their length of service with New Hanover County: FIVE (5) YEAR: Barbara D. McClure -Finance; Edwina W. Batson. - Sheriffs Dept.; Gary D. Eldridge -Sheriffs Dept.; Harold L. Kelly -Health; Margaret A. Payton -Social Services; Kara C. Toney -Social Services; Martha E. Watson- Social Services; Lillie J. Robinson -Aging; TEN (10) YEAR: David A. Ciamillo -.Sheriffs Dept.; John F. Malone - Engineering; FIFTEEN (15) YEAR: Wanda M. Copley -Legal; William Simmons -Sheriffs Dept.; Frank - Benegasi - WASTEC;.Otto Fields, Jr. - WASTEC; Lynda F. Smith -Health; TWENTY-FIVE (25) YEAR: Janice Brown -Social Services and Johnny R. Bullard -Social Services. RECOMMENDED MOTION AND REQUESTED ACTIONS: l FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW • { COUNTY MAN OMMENTS AND RECOMMENDATIONS: ,. Present awa r COMMISSIONER 'ACTIONS/COMMENTS: COtlNTY COMMIES APPROVED C' REJECTE© p REMOVED p POSTPONED d HEARD p DATE ._ - ~. f 2!_t= i~ ~e d g [This page intentionally left blank] ,; '~v::dY6y~ 't r•lF,'tY ~r2~ ~ UVGv~dB/1 1t~.i7J L7 ~vY}J}~1f ® ~ .. ',,~ __ ~ . .. .. a ~ ~~e~ ~l 2 .NEW HANOVER COUNTY BOARD OF COMMISSLONERS REQUESTFOR BOARD ACTION Meeting Date:. 06/21/99- , Regular Item.#: 2 Estimated Time: Page Number. . Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Becky Howell, Cable Administrator SUBJECT: - , Falcon Cable BRIEF SUMMARY: Presentation from Mike Singpiel, Falcon's Divisional Vice President; to update County regarding the progress of the cable upgrade. Presentation from Bob Sepe, NHC Cable Consultant, regarding the results of the customer survey that has been performed by the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear Presentations. FUNDING SOURCE: ATTACHMENTS: • REVIEWED BY: . LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A I ,. ~• COUNTY MANAGER' MMENTS AND RECOMMENDATIONS: Hear presentatio 1 •. ~ 'COMMISSIONERS' ACCT NS/COMMENTS: l COUNTY COMMIS'S10NER~ APPROVED 0 , REJECTED p REMOVED O ,~ POSTPONED D HEARf~ C,/ , DATE ._..__~~zf_~. ty,~_.._, . -1-o C'~a~~c.v s(ti(.b • Ix c.o,.r, le-+~e d t.~o~c Salo. q~~ ~ ~;~Ax~eX w; ll v wv~ 5 3gd ~ Cv , ATe T~ (11; ll ow'v~ ~`l ono ; n [This page intentionally left blank] .l d Q~~l~1 ~,~ ~~` ~~ ~ ~ : ` ~, ~ 4~~ ~ L + I ~ r. r ~ ,, x NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 ~ • Regular Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Allen O'Neal • Contact: Allen O'Neal, County Manager • SUBJECT: Fiscal Year 1999-2000 Budget Ordinances for New Hanover County and the Fire . Service District. BRIEF SUMMARY: Consideration of the fiscal year 1999-2000 budget ordinances for New Hanover County and the Fire Service District. ~ • RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board of Commissioners adopt the fiscal year 1999-2000 budget ordinances.for New Hanover County and The Fire Service District. FUNDING SOURCE: • . ATTACHMENTS: REVIEWED BY: .LEGAL: NIA FINANCE: Approve BUDGET: .HUMAN RESOURCES: N/A • li. COUNTY MANAGER'S COM ENTS AND RECOMMENDATIONS: Recommend the Board ado fiscal year 1999-2000 budget ordinances for New Hanover County and The Fire Service District. • . COMMISSIONERS' ACTT NS/ OMMENTS: • COUNTY COMMiSSI®NER~' APPROVED. ir`/ REJECTED ® '~ REMOVED Q ' POSTPONED p HEARR (7 . °1 [This page intentionally left blank] _1 ~*~JS,,.J~u~..~~ ~vi+~vv U~ Q~~'i V ~v~GS (~ ~~~r~~ ~,~~~~ ~. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 Regular Item #: 4 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin, Budget Director • • SUBJECT: Resolution for Fiscal Year 1999-2000 Outside Agency Funding BRIEF SUMMARY: Consideration of the resolution authorizing and directing the County Manager to enter into the appropriate contracts with outside agencies for the amount of funding approved in the FY1999-2000 budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the resolution. FUNDING SOURCE: ATTACHMENTS: . ~,~ 99-00 outside agency resolution. REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENT Recommend adoption. of Resolution. COMMISSIONERS' ACTIONS/CON COMMENDATIONS: COUNTY COMMISSIONERS APPROVED C/ REJECTED O REMOVED D POSTPONED D HEARD ~ ' DATE , ~~~ J;~1:1~=' ~7 F~ New Hanover County Board of Commissioners Resolution WHEREAS, New Hanover County is interested in providing financial support to agencies that serve public purposes including economic and physical development, cultural and recreational programs, human services, industrial promotion, and public safety; and WHEREAS, New Hanover County is interested in providing financial support to agencies that benefit the citizens of the County. NOW, THEREFORE,. BE IT RESOLVED by the New Hanover County Board of Commissioners: ~ , That the County Manager is authorized and directed to enter into the appropriate contracts with outside agencies for the amount of funding approved in the New Hanover County fiscal year 1999-2000 budget. Sign d t~'h s he~21 st day of June 1999. u~r~~t~~~ca ~ ~~~~J D C~~23~ William A. C'a~ster Chairman, New Hanover County Board of Commissioners 8' NEW HANOVER COUNTY BOARD OF COMMISSIONERS i - _ REQUEST FOR BOARD ACTION.. Meeting Date: 06/21/99 Regular Item #: 5 Estimated Time: Page Number: Department: County Manager Presenter: Andrew J. Atkinson Contact: Andrew J. Atkinson SUBJECT: ~ ~ ' Present high bid from auction of two acres off Military Cutoff Road to Board of Commissioners for consideration. ' BRIEF SUMMARY: , An auction was held on June 7, 1999 to sell two acres off Military Cutoff Road owned by the County. Five bidders participated in the auction. The bidders were: Tom Carter of ExpoStar Displays & Graphics, Inc. James A. Walker of The Greenwood Group, Inc. H. David Swain of-Swain & Associates Earl Worsley, Jr. of Worsley Real Estate Company _ John.T. Vincent of Gulf, Worsley & Cooper Properties, LLC The highest bid in the amount of $550,000.00 was received from James Walker. An in-house appraisal was conducted by the County Tax Department resulting in a total valuation of $400,000.00. • Bids were received in accordance with the provisions as advertised. The only concern the bidders expressed was the length of time allowed before closing. The bidders requested a sixty (60) day period for closing instead of the thirty (30) days as stated in the advertisement. . RECOMMENDED MOTION AND REQUESTED ACTIONS: .Request Commissioners accept the highest bid received which was submitted by James A. Walker of The ..Greenwood Group, Inca Award to be made in accordance with provisions as advertised except that the closing to be within sixty (60) days of acceptance of bid, by Board of Commissioners. FUNDING SOURCE: -Funds from the sale of the property to be, recorded in account 322-611-8515-6010 Job#NELIB020. ATTACHMENTS: I REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A ' .COUNTY MANAGER'S C 1VIENTS AND RECOMMENDATIONS: rC~(11~IN C~~~+tQ Recommend approval. APPR©VED C~~ ,,. j COMMISSIONERS' AC ION !COMMENTS: REJECTED O - REMOVED O ~~ '` POSTPONED ~•~ ~ HEARS SATE , -- ~~?(a~.... ~ ' l~ .. ~ ~ ~ . [This page intentionally left blank] ~~~ '"°"'°"`na 1~Lz o0 .,,....^,~ oc ~ ~ ~ ~ ~n \V~ S NEW HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION ~ = Meeting Date: 06/21/99 Regularltem #: 6 Estimated Time: Page Number: ' Department: TAX Presenter: Robert Glasgow/Eric Gray, Pine Valley Baptist Church Contact: Robert Glasgow SUBJECT: ~ , . Exemption request -Pine Valley Baptist Church - R06114-002-004-000 BRIEF SUMMARY: ` t3 y .. .Pine Valley.w RECOMMENDED MOTION AND REQUESTED ACTIONS: Exemption be denied FUNDING SOURCE: • ATTACHMENTS: ~ ' ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMEN S ND RECOMMENDATIONS: Concur with Tax Administrato COMMISSIONERS' ACTIONSIC M ENTS: Coup COMIIIII~I® ~ . • APPROVED ~' .. REJECTED REMOVED ® `',:,~,; POSTPONED O ~~:'~; HEARD ' p ®ATE ~.._~0~ 21~Q~_ ...~ :~~ PUBLIC HEARING JUNE 21, 1999 PINE VALLEY BAPTIST CHURCH Parcel R06114-002-004-000 ~, In 1997 the church had requested contiguous properties be combined into one "church campus parcel." During this process the Tax Department identified one parcel which was not contiguous and did not appear to be used for religious activities. The Tax Department notified Pine Valley Baptist Church that this particular property did not meet the exclusionary criteria and would be " Discovered" for tax years 1992, 93, 94, 95, 96 and 97 requiring back taxes to be.paid. On April: 20, 1998, Pine Valley Baptist Church appeared before the New Hanover County Commissioners to appeal the denial of tax exemption for the property in question. After some discussion from former New Hanover County Commissioner and Pine Valley Baptist Church member Mr. Buck O'Shields, the Commissioners voted 3 to 2 not to collect back taxes from 1992 thru 1996 but taxes would be due for 1997. In 1999 Pine Valley Baptist Church filed an application for tax exemption for the property. The Tax Administrator denied the application, since it did not appear the property was being used " wholly and exclusively" for religious purposes. A review of the property on four different days, including Sundays, revealed the following: the property has had a cross erected, which stands more than six feet high, the bird houses appear to have been removed, there was no evidence of any camp fires. Two large piles of debris consisting of dirt and concrete remain on the lot. There did not appear to have been any cutting of trees or clearing of the parcel to allow for parking on the interior of the lot. It would appear that no more than three vehicles could park within the interior of the lot due to the number of trees, limited access and being blocked in from vehicles parking on the right shoulder right of way on Partridge Road. . Mr. Eric Gray, Church Trustee, claims in his letter of May 5, 1999, "Your decision, contained in your (Tax Department) letter dated April 13, 1999 seems to conflict with the suggestions made by the commissioners during a 1998 hearing." A review of the minutes of that hearing contains no suggestions from the commissioners. In Mr. Gray's letter of June 8, 1999 he has enclosed a proposed plan for the future development of the above referenced tax parcel. Mr. Gray indicates y in his letter that the church followed the suggestions made by the Commissioners at last year's appeal hearing by erecting a cross and clearing the lot. He further states that the property was used several times in 1998 for group meetings as well as overflow parking on special occasions. It was noted in the Tax Administrators visit to the parcel one Sunday evening in April, there was a large group attending a service and two vehicles parked on the interior of the lot, but they were ~p ~~l~lockedyi~f~omvuehicles parking on the right of way on Partridge Road. The use of the lot as overflow~parlc,~,,ng~,does not constitute full use of the lot in the Tax Departments opinion. The placenient~offa,`!cross on the property gives the appearance of religious use, when in fact Mr. Gray { admi'tsltheL~property, "was used several times in 1998 for group meetings and overflow parking." This does riotco s itute sufficient use to provide for an exemption. In Mr. Gray's letter of June ~. 8, 1999 he does~`riadicate that there is a proposed plan for future development of the parcel. The statute does not make provisions to exclude property for intended future use. PINE VALLEY APPEAL -PAGE 2 There is not dispute that the parcel is seldom used by the church and there is future development planned. General Statute "105-278.3 case law "property must be presently used for exempted purposes -the rule in North Carolina is that unless property is presently used for tax exempt purposes, it is not tax exempt: because no public purpose is served by permitting land to lie unused and untaxed, present use, not intended use. controls," In re Worley, 93 N.C. App. 191, 377 S.E. 2n 270 (1989). The parcel does not meet the criteria for exemption and the appeal should be denied. . EXHIBITS: Pine Valley Baptist Church Letter -May 5, T999 Pine Valley Baptist Church Letter -June 8, .1999 . Tax Department Letter -April 13, 1999 .Tax Department Letter -June 1,1999 "Minutes of 1998 Appeal Ortho .identifying Church Campus ` • 1 ~3 PINE VALLEY BAPTIST CHURCH 3940 Shipyazd Blvd., Wilmington, NC 28403 (910)791-1949 ~' May 5, 1999 Mr. Robert C. Glasgow Tax Administrator New Hanover County 320 Chestnut Street, Room 209 Wilmington, NC 28401-4090 Re: Request for Tax Exemption Parcel ID #RD6114-002-004-000 Dear Mr. Glasgow: The Trustees of Pine Valley Baptist request a hearing to appeal the decision made by you on the above referenced property. Your decision, contained in your letter , dated April 13, 1999 seems to conflict with the suggestions made by the commissioners during a 1998 hearing. Please notify me as far in advance as possible of the hearing date scheduled, so that those wishing to attend the bearing will have adequate time to attend. Thanks for your assistance in complying with this request. Sincerely, ~~, R. ~'~ Eric R. Gray Trustee Chairma ERG:Ie Z ,'~ A if .. r-'" `` ~ ~~~''),9~ ~` • . 1'.-. i t;~, :;, '. ~ ~~ l./ 14 ,: . .. , ,. ,_ . .. ~ .... ...,, i, vi .. - . ~ ~. , ~. ~ e v; L~..~Y ~ ' ~ , ., ' BAPT1sT cHURCy --- - ; ,3940 Shipyardglvd,, Wilmlrigton, NC 28403 (91x)791-1949 .. ~ Jtpte 8, 1999 ` ., , .. Mr: Robert G'. Glasgow New I Ianovei' Caurtty .' .. ~ Tax Administration ' .. - - ~ 320 Cltcsinut Stn;et, Room 209 ' - - .. - ., ' Wilmington, NC 28401-4090 , „>, ' ' . Re; Scheduled Exemption llearing ..., ~ ~ ~ ~ .~ ' June 21,-1999 -R06114-002-004-000 ' Dear Mr. Glasgow: ~ . , ° cnchscd is a proposed plan for the development of the above referenced tax parcel, , Tho1plan is / 'not to scale but should give you and the commissioners the intended use of this property in the • . future. . lfwas my widerstanding, a5 well as the other church members attending the hearinb last year, tltaf ' ~'~~ we were to make an effort to show utilization of the properly by clearing the interior of tltc ° ° property and crccting a cross. and possibly locating some picnic tables on the site, We, in good ~ _ - faith, did clear the interior of the property aitd erected a cross as suggested by a couple of the . commissiont;rs last year. We chose trot to place a picnic table on the pr~pcrty for. obvious xeasons, ' "Tlte nropcrty: was tised several times during 1.998 for group meetings, after the lot was cPcarcd, `as ' y well as overflow parking on specill occasions. 1 know.that at the time of your visit rho properly ° ' . - ~ was not recently used due to the winter'season. The broken concrete was not removed al the time - o!' Iof clearing partially due to possibly. using this material.to fill in low areas to be covered with ' oil to level the area.. ~ . Thank you for placing°this issue on the commissioner's calendar for the June 21, 199,9 meeting: if you need to contact rrre during the day, I can be reached at 343-0.1$1, Sincerely, ,. . .. .•rric R. Gray , . .. Tr r • P S. 1 am faxing a copy to meet today's deadlino and will forward original by first class mar 1. ~ 4 ' f ,. , .. E Hn R>iC~.1y ~d ` rn . - <i ~ N.N.C. 7AX OFFICE -v .. . _. ~.. 'QRt6iNAl SSA.MPF-fl,r , C~ ~. `a IN RED '1\L~ ,.. ` ' ' ' ., a "v~~ ~v .!J 1v..- VV~VL ~1~ n ftln IYV. cn 1~A R i ~ ~ D G ~4 - ~o ~i ,t7 , - - ~.:~a..~.~. _ ;~ ~ ~ . I~. _. ~ \~ \ 11 ~, ~ ~ ,,` >` I f ~, •.~ -~-~ -n. '~ ' ~ ~ 1' ~ ~n P N ! - ~ i n ~ ~ ~; t,, ~ ~` ~ 1 T~ ~ ~ ~ ~ r ~ ~ ~ ~ ;, ~ "~ y ~ ^ ~ ~ ° '., 1;~ ~ n~ ,~ f'1 ~ 1^~ `~ t , __.. 'i 6 Y. Ul ' TAX ADMINISTRATION 320 CHESTNUT STREET, ROOM 209 ~ . ~ " WILMINGTON, NORTH CAROLINA 28401-4090 ` TELEPHONE (910) 341,-7131 FAXS(910) 341-4495 . a ., ~ ROBERT C: 6LASGOw Tax Adminisva[or '" April l3; .1999 .. . , ~. Mr. Eric R. Gray . Trustee Chairman Pine Valley Baptist Church ' ~ 3940 Shipyard'Blvd. _ ~ ~ . , Wilmington, NC 28403 RE: ~~. .Request for Tax Exemption -Parcel ID # R06L14-002-004-000 y.. .. Dear Mr. Gray: _ " ' '"Y'our request for exemption for the property'has been reviewed again this year. I personally . ` visited the property on' three different occasions, one in the middle of the week the remainder of ' ~ the times while church was in session on Sunday mornings: At no time did I see' any activity or use of the property for religious activities, nor did I see any vehiclesparked on the property - itself., There were five to six vehicles parked on the edge of Partridge Road. It did not appear that vehicles could park within the property due to the lack of access because of the density of trees. I also. noticed an accumulation of debris (broken concrete) on the north west portion of the ` property. A large cross is located toward the north east section:of the property. The ground near :the cross did not appear to have had much if any use. The, reported use of the property in the application does not.appear to conform to General Statute 105-278.5 (a) (4) Wholly and exclusively used for a. religious worship or b. Purposes of ' instruction in religious education. The construction of the cross does not constitute sufficient 'evidence that the property is wholly and exclusively used for religious worship or religious . . education: ' ~ You have 30 days from the date of this letter to appeal this decision to the Board of County `. Commissioners. Should you decide to appeal this decision; please notify this office and a date will be set for you to personally present your arguments to the Board.. ~ . °. Si cerely, s . Robert C. Glasgow Tax Administrator .." .. • . enclosure - - . 1 ~7~ ROBERT C. GLASGOW Tax Administrator June 1, 1999 Mr. Eric R. Gray, Trustee Fine Valley Baptist Church 3940 Shipyard Blvd. Wilmington, NC 28403 TAX ADMINISTRATION ' 320 CHESTNUT STREET, ROOM 209 ' WILMINGTON, NORTH CAROLINA 28401-4090 TELEPHONE (910) 341.-7131 . ' ~ FAX (910) 341-4495 ' Re: Scheduled Exemption Hearing, June 21, 1999 - R06114-002-004-000 Dear Mr. Gray: ~ ~ ' ' In response to your May 5, 1999-letter, Pine Valley Baptist Church has been scheduled for a hearing before the New Hanover County Commissioners on Monday, June 21, 1999. The meeting will begin at 9:00 A.M. in the 2"d Floor'Conference Room of the New Hanover County Library located at 201 Chestnut Street, Wilmington, North Carolina. Agenda times.will be available in the week preceding the hearing. The delay,in scheduling the hearing was a result of your letter indicating that my decision conflicted with suggestions made by the commissioners during the 1998 hearing. Not having . been the Tax Administrator at the time of the hearing, ~I reviewed the minutes of that hearing to. help me understand what might have been suggested. Unfortunately, the minutes do not include any suggestions as indicated in your letter. In preparation for the meeting any additional documents, -legal citations and arguments, and names of important witnesses must be received by me by 5:00 P.M., Tuesday, June, 8 so I. can include this information in the agenda package. The Board has instructed. me to have all material reviewed and included with the agenda request which is 12 days before the hearing. Any , additional material would not be considered at the meeting. It is suggested that a spokesman and a limited number of witnesses be called rather than having redundant testimony from many that wish to testify on the use of the tot throughout the year. ~ , Si cerely, ,. Robert C. Glasgow Tax Administrator copy: Allen O'Neal, County Manager Kemp Burpeau, Asst. County Attorney ~w ~~ovER co f~ 1.~8 MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE • - NEW HANOVER COUNTY BOARD OF EQUALIZATION AND REVIEW Motion: CommissionerBirzenieksMOVED, SECONDED by CommissionerDavis to convenefrom Regular Session to hold a meeting of the 1998 Board of Equalization and Review. Upon vote, the. ..MOTION CARRIED UNANIMOUSLY. r • Chairman Caster convened from Regular, Session at 11:06 a.m, Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to reconvene • to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster reconvened to Regular Session at 11:16 a.m, TAX APPEAL SUBMITTED BY THE PINE VALLEY BAPTIST CHURCH FOR DENIAL OF EXEMPTION FROM 1992-1998 Tax Administrator, Roland Register, reported Pine Valley Baptist Church purchased the ' Shipyard Boulevard 200 square-foot parcel on January 1, 1970. The land is located across Partridge • ~ Road from the sanctuary and is heavily wooded. The church acquired other parcels in 1966, 1967,. • 1972, and 1996. Two parcels have homes that are being used for religious purposes, and a residential ' lot further down the street from the Church on Partridge Road was recently sold. Church facilities were recently expanded behind the sanctuary and adjacent to the two homes • that are used by the church. After completion of the expansion, Pine Valley Baptist Church requested combining the parcels for 1998'tax purposes.,During,the review, it was determined that the 200 . ~ square-foot parcel on Shipyard Boulevard was not being used for religious purposes. Notification was forwarded to the church about the exemption being disqualified from 1992 until the present; and the church was informed about its right of appeal. Mr. Buck O'Shields, a member of Pine Valley Baptist Church, expressed appreciation to the Board for allowing the church to appeal the discovery. He advised the campus ofPine Valley Baptist Church consists of several parcels ofland acquired over a period of years. When the Church moved • to the area, the membership was not able to purchase the amount ofland needed to build the campus. . The subject tract was purchased 28 years ago. All parcels .owned by the church are part of the campus and are used wholly and exclusively for religious purposes. The decision by the Tax Administrator. is based on the findings that the parcel is "heavily ; ` wooded and does not a ear to be wholly and exclusivelyused.forre1igious purposes." The church contends the subject parcel is part of the campus, which is used for religious purposes: Since the • parcel ofland is not adjacent to the church, it felt~this separation from the church makes this land vulnerable as to the interpretation of whether it is part of the' campus. Mr. O'Shields requested the Board of County Commissioners to look at the pictures and. • ,. • .. 19 MINUTES' OF REGULAR MEETING, APRIL 20, 1998 ~ PAGE 419 maps showing the Iocation of the subject parcel. If this parcel of land had not been separated from the main campus by Partridge Road, there would be no question about -the tax exemption. In Photograph 3, there is another tract of land owned by the church, which is unimproved property, and is tax exempt. The church believes that the greater weight of the evidence clearly shows that the subject parcel is part of the campus separated from the additional parcels only by the 60 foot state road. The past, present, and future use of this land has been and is being used for religious purposes. In closing, Mr. O'Shields requested the Board of County.Commissioners to consider the appeal and return this parcel of land'to a tax exempt status. A lengthy discussion followed on whether th.e. parcel of land was being used for parking or other churcfi activities. Mr. O'Shields.responded the parcel was being used for parking and other church activities: He asked why this parcel'of land should be taxed when the other wooded parcel adjacent to the church was not taxed? Vice-Chairman Greer commented on visiting the lot and stated there were six_.cars and one truck parked along the edge ofthe road, not on the property. He referenced several examples in the agenda packet where churches pay property taxes on undeveloped land near the church and stated he felt the parcel in question should be taxed. Mr. O'Shields advised he was not aware of this information being presented in the agenda packet. Tax Administrator Register reported that Castle Hayne Baptist Church owns 7.99 acres of wooded undeveloped property that is separated from the church by a road and ditch. This property is taxed because it is not used for religious purposes.~Ebenezer Church located on.Princess Place Drive owns 2.22 acres of undeveloped land adjacent to the parking lot which separates the wooded lot from the sanctuary. This property is taxed. Also, a church on Carolina Beach Road recently withdrew its tax exempt application because the lot across the street from the church was not suitable for parking and mayor may not be used for religious purposes. ' Discussion followed whether the lot would be tax exempt if a portion of the land was cleared and used for parking during church services. Mr.'O'Shields stated°the property could be cleared; however, the City has tree regulations that must be followed. The church feels the City would prefer to see the trees remain on the property. He, again, reiterated that Pine Valley Baptist Church has not abandoned the use of the property. This parcel of land is considered a part of the campus like the other wooded lot behind the church. The tax language refers to regularly used, which can be interpreted differently by each group. When referencing "wholly and exclusively used for religious purposes," does this mean that when the church allows a basketball team to use a church facility or a group to hold a yard sale or sponsor a bingo, this purpose would be in violation of religious purposes: Again, this is a matter of interpretation. Discussion was held on the value of the property. Tax Administrator Register noted in hearing an appeal on whether the property is tax exempt, the use of the property, not the value of the property is not being questioned. Mr. O' Shields responded the value of the pioperty does make a difference in,the amount. of the back taxes and penalties, which is approximately $20,000 in this case. ' Commissioner Davis stressed the importance of everyone:understanding that other churches in similar situations are not tax exempt; therefore,, the Commissioners must be careful, in rendering a decision in this case. He asked if the church would be willing to clear the property? 2 0 Mr. O'Shields responded for $20,00,0. the church would consider clearing the land; however, this issue needs to be addressed to assist churches in similar situations. The land was purchased to be part of the church campus. ^ - ~ MINUTES OF REGULAR' MEETING, APRIL 20, 1998 ~ PAGE 420 Mr. Eric R.'Gray, a trustee of the Pine Valley Baptist Church, requested the Board to.review ~ ~ ^ signed petitions in the agenda packet certifying that the land has been used for parking and other church related activities. He stated the definition of "regular use" ,must be determined. r ,... • .` CommissionerBirzenieks commented on visiting the lot, and he questioned how anyone could park a vehicle in the interior of the lot? ~ . Mr, Curtis Schacher, Chairman ofthe Planning and Building Committee, stated on Easter . • ,' Sunday, he parked his pick-up truck in the interior of the property. Also, other members of the , ~ ..,. • . ' church with pick-up trucks used the interior of the lot for parking because it is not heavily wooded. . • ~ The Roy Ambassadors use the lot on a fairly regular basis to build camp fires and hold picnics. The _ ]ot is used for religious training activities. The Planning and Building Committee plans to move. forward with the master plan that includes developing this parcel as a permanent parking area. `. ~. ~ ,During the interim, the parcel is to be used for low intensity uses. ' :: Commissioner Davis asked, if part of the property could be cleared for parking and the remaining portion remain natural to be used by children for various church activities? ~ , '. Tax Administrator Register responded that Calvary Baptist Church cleared land in this ` ' ~ ` manner, and the property is tax exempt. He stated in all due respect to Mr. Schacher, when , - - requesting evidence for the use of the land by the Royal Ambassadors for church activities, no _ information was received from anyone other tharrMr. Schacher, After visiting the site with the Tax ..: • ~ ..Appraisal Supervisor, there was no evidence of camp fires or truck tracks. Also, the bird houses had bright blue paint, new ribbons, and shiny cans, which is indicative that these items had not been on • ' , the property for a long period of time. _ ~ • ` ,` Commissioner Davis asked if it would be improper to allow the church time to'clear the land ' forparking so the use would comply to the tax exempt status? _ . •. ~ ~ Tax Administrator Registerresponded aconditional tax exemption was granted to the Coastal ` ~ Venue Church on South College Road for 1997; however, no evidence has been presented to show ' ~ , ' the land has been cleared. ` Commissioner Davis asked if the exemption could be released back to the year 1992? Tax AdministratorRegisterstated noevidence has been provided to show the parcel was used ' ' ' in 1992 by Pine Valley Baptist Church. The evidence presented shows the property was used at the ~end.of 1997 and beginning of 1998. If the uniform administration of tax exempt status is broken, it _ . is unfair to other institutions. " , ' - _ ` ... Mr: O'Shields advised the petitions were circulated only in Sunday School; not the full church: ' - membership, Also, persons using the tract of land for church activities may no longer be a member ` ' ~ : ~, : of the church. ' .. , 1 ~ Commissioner Davis, spoke in favor of helping the church and stated if a portion of the lot is cleared for parking and the remaining .acreage left in its natural state for other church activities, he , • would be in favor of granting a tax exempt status for the property. ~ • Chairman Caster'reminded the Commissioners that the question to be answered is whether .. _ "Pine ValleyBaptist Church owes property taxes for the previous six to seven years. He noted that . _ ~ resolving the problem from this point forward would be another. issue. ' ~ ~ ~ ~ A lengthy discussion ensued on the release of 'the property taxes for 'past years.. Tax ~ ' Administrator Register responded under NCGS 105.312, theBoard ofC_ ounty Commissioners must .: ' ~ decide if the tax should be released. ~ ~ , .. ' . Commissioner Howell asked if Pine ValleyBaptist Church was aware of owing back taxes. y on the parcel? ~ 2 1 MINUTES OF REGULAR MEETING, APRIL 20, 1998 PAGE '421 Tax Administrator Register responded the church was notified in November 1997. Motion:- Commissioner Howell IviOVED to release the back property taxes because the church was not aware that taxes were owed. Vice-Chairman Greer SECONDED the motion. Vice-Chairman Greer asked if the Tax Department forwarded a tax bill each year? Tax Administrator Register stated a tax bill was not, mailed each year: Mr. O'Shields reported the church requested consolidation ofthe-tracts, and when the land was inspected by the Tax Department,.the parcel on the other side ofl?artridge Road was discovered.. If the church had known in 1989 that the property would be taxed, action would have been taken to clear the. land for parking. "' Substitute Motion: After discussion of the land needing to be modified so parking can be provided for the church, Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to collect the tax for this year. ' County Attorney Copley requested the Board to list some findings of fact in the motion to state why the back taxes were released. . Amended Substitute Motion: ,Vice-Chairman Greer AMENDED THE MOTION, SECONDED by Commissioner Howell to collect the taxes for this year only based upon the testimony presented stating the parcel has been previously used for church parking, activities of the Royal Ambassadors, and a nature trail for church members. ,Upon vote, the MOTION CARRIED BY TIIE FOLLOWING VOTE: Voting Aye: Commissioner Birzenieks Commissioner Davis Commissioner Howell • Vice-Chairman Greer Voting Nay: Chairman Caster WITIIDRAWAL OF RESOLUTION REGARDING A LOCAL OPTION SALES TAX Vice-Chairman Greer requested the Board to withdraw the resolution regarding a local option sales tax because the North Carolina Association of County Commissioners has requested time to modify the bill. Chairman Caster spoke on the article recently published in the newspaper and reported that more time was needed for the public to understand the purpose of the local option sales tax. He stressed the importance of having another mechanism, other than the property.tax, to;fund bond issues and major infrastructure needs. Consensus: It was the consensus of the Board to defer'action on the resolution until May 4, 1998. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND -SEWER DISTRICT Chairman Caster convened from Regular Session to hold a Regular Meeting of the New Hanover County Water and Sewer District from 12:00 noon until 12:21 p.m. , ADDTTIONAL ITEMS -COUNTY COMMISSIONERS Budget Work Session Scheduled for May 6, 1998 County Manager O'Neal spoke on the amount of work performed in reviewing budget 2 2 requests from all departments, and he requested the Board to schedule a Budget Work Session. Consensus: It was the consensus of the Board to schedule a Budget Work Session on Wednesday, May 6, 1998, from 5:00 p.m. unti17:00 p.m. in Room SOlofthe County AdministrationBuilding, 320 r~ `~ O 26m d 7 '^''' _ n m 4 Q O ~ „ cv _ 0 ~ - ~ 100. ZF8 ' cv. O .~ , . " 6, 9 ! .~ ~ d . ~ C ~ - (ij x • • "~ N ~ ~ ' ~ ~, ', p Q N ~'~~ 105 ,~ . O Q - . ~ . 7 m.; ~oR~ . H ~ n ~ `~ ~ ,~ , $ ~~~ M H ~ ~~~ - -.O ~ m g .. ` U ~ ~~' - - ~ H .A ~ ^'{~~. x W a ~ W O./. `~ ~ 1 t oq ,g Z ,~ , O, >"' V ~ ` 0. a ~ 9 a V+ - .~ ~ - . . .~ w 6 a ~ q , w. H ~ , a' ? , 6 \ • W H ~ . M ~ ~ - ~ .. O x ' 6 ~ ~ .. N ~ ~ . . ~ ~ w yZ N ` e ' w . '' ., . ~ 1e 7:1 ,~ .. .-- . W a '' r g a. ~. ~ x '~I P! n ~ UC)~ . Uhl . ~~ _, W ` ~ UY Q © e , n . ~ I' Pa `'~ ~ O: ... .. j N S ~ cy ~. _ _ 000 D O : ~ ~ 7 U - . . r~ r n -r_ - ~, J . ~ ' • ~ NEW HANOVER COUNTY BOARDOF COMMISSIONERS , ;, REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 + ~ ~ - Regular Item #: 7 Estimated. Timer Page Number: - ~ ' ' • Department: County Manager Presenter:' Wanda Copley ` _ Contact: -Wanda Copley; County Attorney; Frank Pinkston, MIPG ,; SUBJECT: ~ ~ , ,. :' Consideration of New Version of Preliminary Assessment Resolution for, Mason , ' - ~. - Inlet Relocation Project ~ "' ' ' .. .. .. ~ ,. , ` -BRIEF SUMMARY: - The Preliminary Assessment Resolution (PAR) for the Mason Inlet relocatiori project has been reworked.. , - - and an expanded version will be available for the Commissioners' consideration at the June 21st meeting. ' This new version provides more details to give the benefited property owners assurance of what their " . assessments will .be. ~ • - ., RECOMMENDED MOTION AND .REQUESTED ACTIONS: ~ ' .Approval of preliminary assessment resolution and set date of July 12, 1999 for public hearing and . consideration of final resolution.:. ~ - FUNDING SOURCE: ~ ~ .. ' ~ _ -. ~ , ,.. ATTACHMENTS: REVIEWED BY: ; ;, ~ . ` LEGAL: Approve ~ FINANCE: NIA BUDGET: N/A HUMAN RESOURCES: NIA ... , • COUNTY MANAGER'S C TS AND RECOMMENDATIONS: ,Recommend approv COMMISSIONERS''ACTI N COMMENTS: - - = - _~, ~ .. - ', - ._ ' - - ;. ~ r COUNTY COMMi~iON ' • '. - APPROVED [~ ` ~ ,,,. . - .. REJECTED ` O ''~ - REMOVED ® ~_, r ~.. , - .. POSTPONED O ` HEARD /_ ^ ... .. ~0 2 (_ ~_ J~Clrw - DATE , -,~~~ : CJ:...,... NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/07/99 . Regular Item #: 5 Estimated Time: Page Number: ., _ „ ~ - Department: Legal Presenter: Wanda M. Copley, County Attorney , Contact: Wanda M. Copley, County Attorney SUBJECT: Public Hearing on IVlason's Inlet Relocation Project BRIEF SUMMARY:. On May 17, 1999, the Board of Commissioners adopted a preliminary assessment resolution providing for a beach erosion control project to relocate Mason's Inlet approximately 3000 ft. north of its present location, and to use the excavated sand to close the existing. inlet and. to renourish the beaches of Figure Eight-Island. G.S. 153A-195 requires that the Board conducts public hearing to hear all interested persons with respect to any matter covered by the preliminary assessment resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: . Conduct public hearing and adopt final assessment resolution. ~ . FUNDING SOURCE: Room Occupancy Tax Fund ATTACHMENTS: Yes REVIEWED BY: LEGAL: FINANCE: BUDGET: NIA HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIO S: Conduct public hearing and consider final assessment resol4tion. COMMISSIONERS' ACTIONSICOMMENTS: G !`.~.. , ~~~4p~~wt~~ ~~~~ ~~~~~~~ ! ~~~~~ ~~~~ 26 CUUN7Y COMMISSIONERS r ,. RPr'RO~lED ~ 1 .E.. ~. ~-'' ;;, Rr~=,n~'err,C?''~ D F~S`i..~GNED 1 -7~~~''~HEF~RD~ ~ \~~ DATE NEW HANOVER COUNTY INTER-OFFICE ... n.. vni~t~v.~ :.v: :w::::. ~ ...:::.:::::.~v :.:.w:.t}\Ji}~: }:: • :.. ...... :.:::.:::: +':ti :i:::.iii} iii:iiv?.+>:~iti:iii:~}i •iii} i?}ii:;:;:Ji::i:::4iii~:•:•i'Stiv" vv\\.\\.•T:~~~~/ ~ / ~•i> ::::\+:i~T\'`~n`:'? \i~: ••<i\ti1\\:vvv:iii:ii:ii:{~};:{i:J:vJi:::vii: ii: vv v:vti•:~:iv:v\•.v::'iii::::?{J::i~t\ii\\\Ji:~::i~ii :::A\ \\ \Z~\ IJJ~~~ iii i~ i j ~ ' MEMORANDUM: TO: New Hanover County Commissioners~~ ttorne `o_ FROM. Wanda M. Copley, County A y RE: Mason's Inlet Relocation Project DATE: June 7, 1999 On May 17, 1999, the Board of County Commissioners adopted the Preliminary Assessment Resolution for the Mason Inlet Relocation Project. On May 18, 1999 the Notice of the. Preliminary. Assessment Resolution and Public Hearing was published in the Star-News (see attached copy of Notice). The Tax Administrator has mailed a copy of the Preliminary Assessment Resolution to each owner whose property will be subject to the assessment (see attached copy of Tax Administrator's affidavit). G. S. 153A-92 requires that at the public hearing, the Board of Commissioners ..shall hear all interested persons who appear with respect to any matter covered by the ' Preliminary Assessment Resolution. After•the public hearing, the Board may adopt a final assessment resolution directing that the project be undertaken. A resolution for your consideration is included in the agenda. This resolution is almost identical to the resolution adopted May 17`h, as the General Statutes state that if the percentage of cost to be assessed is different from the preliminary resolution or if the scope of the project is increased-,anew preliminary resolution would have to be adopted and advertised. WMC/kc attachment cc: County Manager Tax Administrator Clerk to the. Board Bill Raney, Esquire Susan McDaniel, Esquire 27 _,~ ~,;~` -,~ AFFIDAVIT OF PUBLICATION S TATE OF NORTH CAROLIIVA, C OUNTY OF NEW HANOVER '"' • ~ °' Before the undersigned, a Notary Public of said County and State, .. ~%NOTICE'OF`PRELIMINARY=._;,: "ASSESSMENT:RESOLUTION .. :AND HEARING THEREON JULIE TONES ' " ' .Tliepubticv+iUtakenoticethata who, being duly sworn or affirmed, accordin to the law, sa s thai he/she is Preliminary: Assessment Resdution g y ~pror~ng fora beach erosion control protect to rell«~te Mas«,s'!ntet ap- CLASSIFIID ADVERTISING MANAGER ' Pro~xlmately 30()0 . north of its, present ; ' locations andao;use the exgvated i ofTHE WILMINGTONSTAR-NEWS, INC., a co g g sand to close the axisting inlet and to ~ rporation or anized and doin business under the ure Ei be ch f F t ti t ht ~ L h f S f N h g he a es o g nour s aws o t e tate o ort Carolina, and publishing a newspaper known as WILMINGTON b H Island, wasaaopted ytheNew an- MORNING STAR & SUNDAY STAR-NEWS in the City of Wilmington over County Boarcl of Commissioners on the 17th day of May, 1999. The New Hanover ce~r;ty PREI;_1~ffNARY ASSESSMENT RESOLUTION PROVIDING Board of Commissioners will hold a public hearing.at 6:30 p.m. on the 7th FOR A BEACH EROSION day of June, 1999, at COURTROOM 317, NEW HANOVER COUNTY JU- ~. DICIAL BUILDING, 316 PRINCESS STREET, WILMINGTON, NORTH - CAROLtNA2640t,~forthe purpose of hearing all interested persons. - `~~'Robert C. .Glasgow = Tax Administrator was inserted in the aforesaid news a r in s ace, and on dates as follows: ~~~ ::New Hanover County ~ ~ P Pc P 5/I8/99 and at the time of such publication Wilmington Star-News was a newspaper .meeting ali the requiremenu and qualifications prescribed by Scc. No. 1.597 G.S. of N.C. t~2£i~~i7i)ihiR2' U.~ ~ ~"~ .l - Title CT~ASS ADV MGR 20tH Sworn or affirmed to, and subscribed before me, this day My commission czpires 21St day of `~E , ,q99 Upon reading the aforegoing affidavit with the advertisement thereto annezai it is adjudged by the Court that the said publication was duly and properly made, and that the summons has ban duly and legally served on the defendant(s). This day of 19 _ MAIL T0: Clerk of Superior Court 28 of MAY , A.D., 19 99 ~ , In Testimony Whereof, I have hcreunto'set my hand and affizcd my officio] seal, the day and ~.~. ab....~.,;.1 ' CERTIFICATE OF MAILING OF PRELIMINARY ASSESSMENT RESOLUTIONS TO THE CHAIRMAN AND MEMBERS OF THE BOARD OF COMMISSIONERS OF NEW HAI~TOVER COUNTY. I, Robert C. Glasgow, Tax Administrator, I~Tew Hanover County, do hereby certify that copies of the Preliminary Assessment Resolution providing for a proposed beach renourishment project to relocate Mason's Inlet approximately 3000' north of its present location, and to use the excavated sand to close the existing inlet and to renourish the beaches of Figure Eight Island, • adopted on the 17`h day of May, 1999, were mailed byfirst-class mail on the 26`h day of Mav, 1999, to the owners of all real property subject to assessment should the project be undertaken, to wit: attached hereto as Exhibit "A". • IN WITI~TESS WHEREOF, I have hereunto set my hand and affixed the seal of the County of New Hanover, this 26`h day of Mav, 1999. . .. ~, I ~ obert C. Glasgo . Tax Administrator New Hanover County I . , , FINAL ASSESSMENT RESOLUTION MASON INLET RELOCATION PROJECT WHEREAS, the Board of Commissioners of the County of New Hanover has determined that it is in the best interest of the County to sponsor a beach erosion control project and that in order to construct such a project it is necessary to assess all of the costs thereof upon the real property benefitted thereby; NOW; THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, North Carolina, that: 1. It is intended that a beach erosion control project be constructed by relocation of Mason Inlet to a point approximately 3,000 feet north of its present location`. 'The sand excavated from the newly dredged channel will be used to close the existing inlet and to provide beach nourishment to the beaches of Figure Eight Island. Amore detailed project description is attached hereto as Exhibit "A" and incorporated herein by reference. 2. One hundred percent of the net cost of the project shall be assessed against the benefitted properties. 3. The basis for the assessment against the benefitted properties on Figure Eight Island and the benefitted properties on Wrightsville Beach differ due to the differing nature of the benefits of the project on each side of Mason Inlet. The total cost allocated to the benefitted properties north of the inlet will be $5.50 per net cubic yard of sand placed on the Figure Eight Island ocean beach. The balance of the project cost will be allocated to benefitted properties lying south of Mason Inlet. 4rightsville Beach assessment basis. The benefitted properties on Wrightsville Beach are those properties on the tax assessment roll attached hereto as Exhibit "B". The basis for the assessment will be the value of the land without improvements as shown on the tax records of the County and the frontage abutting on the shoreline protected or benefitted by the project at an equal rate per foot of frontage. Benefit zones will be established in accordance 30 with G.S. 153A-186 (c) based on the distance of the benefitted land from Mason Inlet and other relevant factors. • • Figure Eight Island assessment basis. All of the residential lots on Figure Eight Island are considered ' benefitted properties. .The lots will be assessed on a combination of two bases.. The ocean/inlet front lots"from Lot 182 Beach Road South to 552 Beach Road North (222 lots) will be assessed based on the frontage abutting the shoreline at an equal rate per foot of .frontage as shown on the recorded subdivision maps or the recorded deeds if no recorded-map exists. The ocean/inlet front lots will be assessed 56.60 of the total .Figure Eight allocation. The remaining 341 lots on Figure Eight Island will be assessed on the basis of area, of land in the lot as shown on the County tax. records at an equal rate per unit of area. The 341 lots will be assessed 43.4% of the total Figure~Eight allocation. 4. The assessments herein provided for shall be~ payable in cash, or if any property owner shall so elect, he shall have the option of paying the assessment in three equal annual 'installments, said installments to bear interest at the rate of 7%'per annum. Adopted this 7th day of June, 1999. NEW HANOVER COUNTY (SEAL ) By. William A. Caster, Chairman Board of Commissioners • ATTEST: Clerk to the Board z 31 ,~q+ kkTTpp ~iA .~ ~~ti1~Jl!~..._. Mason's Inlet Relocation A project will be initiated to relocate the inlet approximately 3,000 feet north of its present location. To accomplish this, a new channel would be excavated; extending the Mason Creek alignment straight across the sand spit peninsula that has extended southward from the southern end of Figure Eight Island. This new channel would be dimensioned to insure equal or greater hydraulic capacity than the existing inlet cross-section in its present location to the south. To be functional and effective, when the "new" inlet is opened, the existing inlet area would be choked off or "plugged" to direct all tidal flows through the newly created inlet. Mason Creek .(which is shoaled and essentially closed) will be dredged in order to enhance the hydraulic flow characteristics throughout the ICCWW-Middle Sound estuarine area. It should be noted here that within the past few years, not only Mason Creek but almost all of the connecting tidal creeks in the estuary have experienced .significant shoaling, adversely affecting overall water circulation, covering wetland habitat and living biological resources, interfering with navigation and recreational use of the estuary. Shoaled areas behind the ..proposed new inlet channel will be dredged periodically, and function as a sediment or sand trap to prevent/minimize the future siltation of Mason Creek. As material is excavated from locations described above, portions of it will be temporarily stockpiled at the south end of the sand spit, and on high ground near the north end of the Shell Island Resort properties and North Lumina Avenue. If additional storage area is required, additional sand will be stored on a portion of the wide natural beach in front of the resort property. When the above described work is completed and overall weather conditions are considered to be optimum, the temporary stockpiled sand materials will be pushed into the existing (old) inlet during low tide conditions to stop all flows through the inlet so that all tidal functioning will be forced through the new inlet. When normal closure of the inlet has been accomplished, the fill section will be further built up and widened. Closure will be accomplished by utilizing a rapid mechanical sand moving effort. Sufficient equipment will be employed to bridge the inlet span in as little time as possible. Therefore, every effort will be made to close the inlet quickly., At the same time that the "closure" operations begin, the ocean end plug of the new inlet channel across the sand spit will be excavated and tidal flows will be.initiated through this new channel. This old inlet "plug" will be constructed to be substantial enough to withstand tidal flows (until they are redirected) and/or normal sea wave actions that might reach the seaward toe of the fill during the closure operation. This old inlet sand barrier will extend entirely across the old inlet area from its southernmost end (Shell Island bluff area) northward to a point to intersect the Figure 8 Island dune features. It is expected that this newly dredged channel will quickly adjust and "shallow-up" through natural processes until it reaches an equilibrium state approximating the dimension of the old inlet. The existing ebb tide delta at the seaward end of the present inlet will slowly be 32 forced southward by natural littoral drift forces until it "welds" to the existing Shell Island beach area. 99164aMIReloc051899 All channel and shoal excavation proposed in the project will be accomplished by hydraulic pipeline dredge. It is anticipated that all work on high ground will be accomplished by bulldozers and/or front end bucket loaders. The new inlet position will be located within - a 1,000' wide easement through land, which is above mean high water. This easement across the spit on the southern end of the Figure Eight Island will be an area designated for inlet relocation and inlet maintenance to preserve the hydraulic flows and depth desired for coastal marsh flushing and recreational navigation. Materials removed from the inlet and sediment basin during maintenance will be utilized for future beach renourishment as required by either Figure Eight Island or Wrightsville Beach. During inlet maintenance, . materials will be dredged from a cross section approximating the initial channel cut in a position within the easement opposite the direction of inlet migration. No filling or structures are proposed along either side of the relocated inlet. • 33 99164aMIReloc051899 ~~ ,. ~J1~~~1~ N Wrightsville Beach Properties • ount ' Parcel ID Number EIYY Lumina ~ ~ Property Ovmer and Use in Number Northern Property Ltmit Distance From Inlet Properties Located East of Lumina Drive 1 RO-5218-002-001-000 E Tcwn of Wrightsville Bch Govemment 1353 0 2 RO-5218-002-002-000 E Shell Island Resort Hotel/Commercial 2153 0 3 RO-5218-002-003-000 E Town of Wrightsville Beach Govemment 9774 691 4 R0-5218-002-023-000 E Bryant, Frederick Private Individual 9675 761 5 RO-5218-002-005-000 E Andrews, Michael Private Individual 8792` (75) 761 6 RO-5218-002-022-000 E Holman, Larry Private Individual 9567 836 7 RO-5218-002-006-000 E North Shell Island Developme Commercial 8655'(74) 836 8 R0-5218-002-D20-000 E Slagle, Gene Private individual 9520 914 9 RO-5218-002-007-000 E Slagle; Gene Private (ndividual 8527'(70) 910 10 RO-5218-002-019-000 E Miles, David Private Individual 8483 + 7gg8 980 11 RO-5218-002-018-000 E Gerrity, Norman Private Individual 6345 1069 12 RO-5218-002-009-000 E Garrity, Norman Private Individual 7338`(83) 1069 13 RO-5218-002-017-{)00 E Kempf, Donald Private Individual 7288 1152 14 RO-5218-002-016-000 E Neukranz, Don Pmrate Individual 7251 1235 15 RO-5218-002-010-000 E Kane, Robert Private Individual 6370`(98) 1235 16 RO-5218-002-015-000 E WoronoK, Robert Private individual 7114 1321 17 RD-5218-002-011-000 E 5weyer, David Private Individual 6213'(75) 1321 18 RO-5218-002-014-000 E Godwin, Judy Private Individual 6056 1410 19 RO-5218-002-013-000 E Godwin, James Private Individual 5183'(120 1510 20 RO-5218-002-012-000 E Godwin, James Private Individual 5138`(120} 1510 21 Access Strip/Easement Govemment No # 1630 22 RO-5806-001-002-000 E Parme{e Assoaation Condominiums 5927 1640 23 RO-5806-001-001-200 E First Washington Corp Condominiums 4821 183D 24 RO-5806-001-00100 E First Washington Corp Condominiums 2559 2030 25 RO-5806-001-001-100 E First Washington Corp Condominiums 1301 2350 26 RO-5805-003-073-0DO E First Washington corp Condominiums 9011 2860 27 RO-5805-001-002-000 E Town of Wrightsville Beach Government 8847 3070 28 RO-5809-002-044-000 E Duneridge Resort Condominiums 5259 3155 29 RO-5809-002-044-001 E Town of Wrightsville Beach Govemment 1900 4155 Totals: 34 96769A-tv1IPG051999 ,~ • Wrightsville Beach Properties ' Count arcel ID Number • E/W Lumina ro e Owner ~ Land Use in Number -Norfhem . Property Limit Distance From Inlet 'Properties Located West of Lumina Drive 3D RD-5218-009-032-000 W Town of Wrightsville, Beach Government 8381 0 split parcel W Ha,iley, Jeny Private Individual 8903 415 31 RO'S218-001-030-000 W Halley, Jeny Private Individual 8903 540 32 RO-5218-001-001-000 W Nor(h Shell Island Developme Private Individual 3460 665 33 RO-5218-001-029-000 W Thompson; Jennifer Privafe Individual 7840 790 ` 34 RO-5218-001-028-000 W Barrett, Charles Private Individual 7702 885 35 RO-5218-001-027-0DO . W MarUarden Corp Private Individual 6664 975 36 R0-5218-D01-026-000 W Rupak, Ned Private Individual 6526 1065 37 RO-5218-001-025-000 W Seadman, Gil Private Individual 5478 11.55 38 RO-5218-001-024-000 W Clifton, Lawrence Private Individual 5329 1245 39 RO-5218-001-003-000 W Garrity, Norman Private Individual' 4362 1336 40 RO-5218-001-002-000 W Town of Wrightsville Beach Government 4246 1441 41 3460 1481 42 RO-5805-002-010-000 W Rallis, Michael Private Individual 853 1981 43 RO-5805-002-009-000 W 8akalio, George Private Individual 9773 2121 44 R0-5805-002-408-000 W Busby, Julian Prvata Individual 9614 2221 45 RO-5805'002.007-000 W Woody, John K Private Individual 8565 2311 46 R0-5805-002-006-000 W - Jupp, Cynthia Private Individual 8427 2411 4T RO-5805-002-005-000 W Farris, John Private Individual '7398 2506 . 48 RD-5805-002-004-000 W Berke, Robert Private Individual 7350 2601 49 R0-5805-002-003-000 W Hill, Joel Private Individual ~ 7212 2691 50 RO-5805-002-002-000 W Rodwell, Roy Private Individual 6184 2779 51 RO-5805-002-001-000 W Dickson, Susan. Private Individual 6027 2869 52 RO-5805-001-001-003 W Amos, Barry Private Individual 5021 2964 53 RO-5805-001-001-004 W DG Enterprises Private Individual 4975 3044 54 RO-5805-001-001-000 W DG Enterprises Private Individual 1689 3158 55 RO-5805-001-001-006 W Strickland, Chrisiopiier Private Individual 363 3758 56 RO-5805-001-001-005 W Gibson, Ronald Private Individual 214- 3879 57 R0-5805-001-001-002 W DG Enterprises Private Individual .9135 3994 58 RO-5805-001-001-001 W • Town of Wrightsville Beach Govemment 9077 4056 59 R0-5809-004-001-100 ~ W. Cordgrass Bay HOA Condominiums 6897 , 4156 Totals: ' Wrightsville Beach Properttes ount arcel ID Number E/yy Lumtna ro e Owner and Use in Number Northern Property Limit Distance From 'Inlet Properties Located West of Lumina Drive - 30 R0-5218-001=432-000 W Town of Wrghtsv(Ife, Beach Government 8381 0 split parcel W Halley, Jeny Private Individual 8903 415 31 RO-5218-001-030-000 W Halley, Jerry Private Individual 8903 540 32 RO-5218-0Ot-001-000 W ~ North Shell Island Developme Private Individual 3460 665 33 R0-5218-001-029-000 W Thompson, Jennifer Private Individual 7840 - ~ 790 34 RO-5218-001-028-000 W ,. Barrett, Charles Private Individual 7702 - 885 35 R0-5218-001-027-000 W Marbarden Corp Private Individual ~ 6664 975 36 R0-5218-001-026-000 ~ W Rupek, Ned Private Individual .6526 1065 37 RO-5218-001-025-000 : W Sead~'nan, Gil Private Individual'-: 5478 1155 38 RO-5218-001-024-000 : .W Cli°on, Lawrence Private Individual 5329 1245 ' 39 RO-5218-001-003-000 ' W Garrity, Norman Private-individual .4362 ~-1336 40 RO-5218-001-002-000 W Town of Wrightsville Beach Government 4246 1441 41 3460 1481 4Z RO-5805-002-010-000 W ~ Rallis;,Michael Private Individual 853 1981 43 R0=5605-002-009-000 W Bakalio, George Private Individual 9773 2121 44 RO-5805-002-008-000 W Busby, Julian Private Individual 9614 2221 45 RO-5805-002-007-000 W Woody, John K Private Individual 8565 - 2311 '46 RO-5805-002-006-000 W Jupp, Cynthia Private Individual 8427. - 2411 47 RO-5805-002-005-000 W Ferris, John Private individual 7398. 2506 48 RO-5805-002-004-000 W Berke, Robert ~ Private Individual ^ 7350 2601 49 RO-5805-002-003-000 W Hill; Joel Private Individual :: ,7212 ~ 2691 50 R0-5805-002-002-000 , W Rodwell, Roy Private Individual `, 6184, 2779 51 ~RO-5805-002-00.1-000 ~W Dicfcson, Susan Private Individual -,6027 2869 ~~ 52 RO-5805-001-401-003 'W Amos, Barry - Private Individual .5021 2964 53 RO-5805-001-001-004 W OG Enterprises Private Individual 4975, 3044 54 R0-5805-001-001--000 _. W DG Enterprises Private fndivldual 1689 - 3158 SS RO-5805-001-001-006 W ' Strickland, Christopher , Private9ndiv'tdual r .363 3758 56 R0-5805-001-001-005 W " Gibson, Ronald Private'Individual 214 3879 57 RO-5805-001-001-002 W DG Enterprises Private'lndividual ~~9135, 3994 58 ; RO-5805-001-001-001 W Town of 1rightsville Beach Government 9077 4056 59 RO-5809-004-001-'100 W Cordgrass Bay HOA Condominiums 6897 4156 Totals: 96769A-MIPG051999 r *^ . ,. 36~ - NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~ ± REQUEST FOR BOARD ACTION Meeting. Date: 06121/99. Regular Item #: 8 Estimated Time: Page Number: ^ Department: TAX Presenter: Robert Glasgow/ESCO Marine, Inc. :Contact: Robert Glasgow SUBJECT: . Appeal. of personal property tax assessment - ESCO Marine, Inc. BRIEF SUMMARY: ESCO Marine clairtis to be a dealer of marine equipment held for resale which is exempt from taxation. Appellants Exhibit #1 The Tax Department contends that ESCO"Marine is in the marine salvage business which is taxable. • RECOMMENDED MOTION AND REQUESTED ACTIONS: . - ESCO Marine, Inc. is in the business of marine salvage and is responsible for taxes, interest, and late listing penalty amounting to $10,095.85 as of June 1, 1999. .FUNDING SOURCE• ATTACHMENTS: . ` _ . ESC01.wp e ° .ITEM DOES NOT REQUIRE.REV/EW ,y :, COUNTY MANAGER'S COMMENTS A COMMENDATIONS: Concur with Tax• Department fin - . COMMISSIONERS' ACTIONS/COMM - N .~ . 'COUNTY COMMI~ION ~ . • APPROVED ® ~~ REJECTED ~. r REMOVED O~ ~ ~ ~~ _' -~ ~ ~ POSTPONED f-°~.' • ~ HEARD 0 . DATE ,.~..CP.~~~q~-~ °~. • NEW HANOVER COUNTY BOARD OF COMMISSIONERS ,REQUEST FOR BOARD ACTION Meeting Date: 04/19/99 Regular Item #: 6 Estimated Time: Page Number: Department: TAX Presenter; Robert Glasgow/ESCO Marine; Inc. Contact: Robert Glasgow , SUBJECT: Appeal of personal property tax assessment - ESCO Marine, Inc. BRIEF SUMMARY: ESCO Marine claims to be a dealer of marine equipment held for resale which is exempt from taxation. Appellants Exhibit #1. The Tax Department contends that ESCO Marine is in the marine salvage business which is taxable. RECOMMENDED MOTION AND REQUESTED ACTIONS: ESCO Marine, Inc, is in the business of marine salvage and is responsible for taxes, interest, and late listing penalty amounting to $9,952.65~as of April 1, 1999. FUNDING SOURCE: ATTACHMENTS: ESC01.wp ITEM DOES NOT REQUIRE REVIEW .. ~.vulV 1 T IYIANAGER'S COMMENTS AND REC MENDATIONS: Concur with findings of the Tax Departure , . COMMISSIONERS' ACTIONS/COMMENTS f~~~~j( +~j~~j5~r1~1~~.Y I~IU . j i/g/~V`.~~!T\r Lp'=f~,r"1~1^^111.7J1Vi~9~d1w~ /1t •.....,..~, ~. J6~iJ, u ~I -~~~ l~ ~.~ ~D ~~aTi°ON~D,^p ~/~ 4~EriRD ~! ( ~l/ QPeTE - i. I I i ~~ • • ESCO Marine, Inc. Esco Marine Inc. purchased jointly with Mr. Richard Jaross, the ship demolition equipment owned-by Sigma Enterprises, L.P. in January 1997. The certificate of resale, signed by Mr. Emilio Sanchez, President of ESCO Marine, Inc., stated the business operated by the purchaser was marine ship dismantling. Tax Exhibit #1 . The Tax Department previously discovered the property for 1997 taxes when owned by Sigma Enterprise, L.P. Pieces of the previously discovered equipment were identified in New Hanover County the beginning of 1998. There was no listing for Mr. Jaross, his company Wilmington Resources, Baltimore Resources or ESCO Marine. In March 1998, letters were sent to Mr. Jaross requesting a listing of the equipment. Tax Exhibit #2 & 2A No response was received. The Tax Department obtained an advertisement for the equipment by ESCO Marine, Inc. at 1519 N. 23`d Street, Wilmington, NC 28405 Tax Exhibit #3 After researching the property, on Febniary 7, 1998, we found the owner to be Fort Caswell Properties, LLC, Mr. Richard Jaross as agent for ESCO Marine, Inc. Tax Exhibit #4 & 4A The advertised listed prices were used to determine fair market value. Tax Exhibit #~ & SA (refer back to Tax Exhibit #4) The Tax Department moved to have the equipment listed by the owner of the location, Fort Caswell Properties, LLC as property in their possession that was owned by others with a copy to ESCO Marine, Inc. in Brownsville Texas. Tax Exhibit #5 Due to the dispersal and mobility of the equipment an immediate tax bill was issued. Tax Exhibit #SA Mr. Richard Morgan, Attorney at Law, responded for ESCO Marine, Inc. Mr. Morgan's three submissions claim ESCO Marine, Inc. is a merchant dealing in used machinery and the property was inventory of ESCO Marine, Inc. as defined by Chapter 105 of the North Carolina Statutes and therefore, not subject to New Hanover County taxes. Appellants Exhibit #2 Mr. Morgans letter substantiates the Tax Department's opinion that used equipment is not inventory. Tax Exhibit #6 GS 105-275 CASE NOTES I. General Consideration. -Used .equipment is not inventory.- Where a taxpayer acquired used equipment primarily for its own use and only held the goods. for sale when it was found to be excess and not useful in their primary business and not held for sale in the regular course of business by a wholesale merchant. Consequently, the property should not be excluded from ad valorem taxation. In re [Cone Mills Corp.,112 NC App. 539, N.C. 555, 441 S.E.2d 835 (1993), cert Denied, 335 NC 555, 441. S.E.2d 112 (1994).]. Tax Exhibit #7 In Mr. Morgan's December 21, 1998, letter he reports sales of $1,484,300 are referenced in Mr. Sanchez's December affidavit consist of 88% marine. salvage ($1,308,500) and 12% urchased equipment sales ($175,800). This clearly identifies the primary business of the company is marine salvage. Tax Exhibit #8 Invoices provided by Mr. Morgan further substantiate that ESCO Marine's primary work is marine salvage. Tax Exhibit #8 8A & 8B When ships are dismantled the salvaged items are removed in a timely fashion, which is in keeping with the 3 9 statement on invoices at Tax Exhibit #8 & 8A. 3 Foster Wheeler Type AG-5110 and 1 deaireatorankxwhclh of marine salvage is the invoice for support equipment being stored for up to five months. Tax Exh bito#BAee ship's boilers and To validate our opinion, Mr. R. T. Horton; Sr., of Horton Iron & Metal was a invoices and equipment descriptions to ascertain if the business was salvage or usded . 'review equipment/yard equipment. salvage. It was Mr. Norton's opinion that the equipment came from salvaged ships. He further indicated the descriptive nature of the terms and conditions on the invoices from ESCO Marine, Inc., indicate the business is involved in marine salvage. Tax Exh_ ibis #9 Mr. Morgan provided additional exhibits on March 9, 1999, Appellants Exhibit #3, and March 10, 1999, Appellants Exhibit #4, which contain the same basic information provided reviousl The position of Mr. Morgan is that ESCO Marine was the owner of the equipment on Janua y 1998, and that the equipment was inventory and not subject to taxation in accordance with G.Sl~ 105-275. Appellants Exhibit #2 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 • • Regular Item #: 9 Estimated Time: Page Number: Department: Environmental Management Presenter: Ray Church Contact: Ray Church SUBJECT: Solid Waste Tip Fees for Fiscal-Year 1999.-2000 BRIEF SUMMARY: In 1994, the Supreme Court struck down Flow Control ordinances which allowed local governments to designate where solid waste generated in their communities was to be disposed. To maintain the flow of waste to County owned facilities and the revenues generated from those wastes, the County must become a market participant by offering competitive disposal fees. A tipping fee of $28.00 per ton for. municipal solid waste and mixed construction waste has been proposed in the Environmental Management budget for Fiscal Year 2000. A schedule of the proposed fees for other types of waste is attached. The changes include an increase in the concrete, brick, and dirt category from $6.80 to $15 / ton, homeowners delivering in cars and trucks, and asbestos from $34 to $45 /cubic yard. Other categories including lumber, shingles, sludges, and tires remain unchanged. The increase for concrete,' brick and dirt is to encourage recycling of these materials. Homeowners' rates at the landfill have not increased since 1986. The new fee reflects the increase in construction and operational costs. The increase in asbestos is to help recover the costs of the associated paperwork to authorize disposal, and the personnel and equipment cost to move equipment from the regular landfill cell to the asbestos disposal site. State regulations require the asbestos be covered with soil immediately upon receipt. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the Board of Commissioners adopt the proposed tip fee schedule. FUNDING SOURCE: N/A ATTACHMENTS: TIPFEES99. REVIEWED BY: LEGAL: N!A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. The attached tip fee schedule is consistent with the COMMISSIONERS' ACTIONS/COMMENTS: MrTRV r a,.. - REJECTED ~~ REMOVED O POSTPONED HEARD Ci DATE ~ YO_~Z~ ~.91 _ ~`,, ~~-~ ~e ~.e-~~. Ak. SrNu ~`" ~ 41 i n t Ala 1' NEW'HANOVER COUNTY SCHEDULE OF TIP FEES EFFECTIVE JULY 1, 1999 CATEGORY TIP FEE MUNICIPAL SOLID WASTE $28.00 /TON CONSTRUCTION /DEMOLITION (MIXED) $28.00 /TON LUMBER /WOOD (CLEAN) $25.50 /TON CONCRETE /BRICK /DIRT ~ $15.00/TON SHINGLES /BUILT-UP ROOFING $13.60 /TON REFUSE DELIVERED IN CARS ' $ 5.00 MINIMUM REFUSE DELIVERED IN PICK-UP ~' ' TRUCKS OR TRAILERS ~ $10.00 MINIMUM CARDBOARD (ss% TO 100%) ~ NO CHARGE CARDBOARD (~a°i° To a4 °i~ ~ $10.00 /TON CARDBOARD <~o°,o $28.00 /TON SPECIAL WASTE ASBESTOS {ACCEPTED WITH SPECIAL APPROVAL ONLY) $45.00/TON SLUDGE {ACCEPTED WITH SPECIAL APPROVAL ONLY) $34.00 /TON TIRES (GENERATED DURING THE "NORMAL COURSE OF BUSINESS" NO CHARGE TIRES (NOT GENERATED DURING THE "NORMAL COURSE OF BUSINESS) $78.00 /TON HOUSEHOLD OR LEAD ACID BATTERIES NO CHARGE WASTE OIL /ANTIFREEZE NO CHARGE- -- WASTE PAINT {HOMEOWNERS ONLY) r ~ ~, v m+n~~-vdv NO CHARGE APPLIANCES ~~~1 tU =: v~~,~y~ NO CHARGE C91 ~~~~ ® ~~ .. .. .,~ .. I New Hanover County Dis osal Facilities S ecial Rules It shall be unlawful to place waste in any place other than the specified area designated for the placement of such waste. Landfill users must unload only in the area designated by the landfill rnariager. The hauler will be responsible for removal and cleanup of waste unloaded in the wrong area. . Items Banned from Dis osal• In accordance with the Solid Waste Management Act of . 1989 as amended (G S #130 A), it shall be unlawful to dispose of the following materials in the landfill or WASTEC: a• whole tires (except solid forklift tires); b. white goods; c. lead acid batteries; d. liquids and waste failing the "paint filter test" for free liquids; e. hazardous waste as described in 40 CFR 258; f. .waste originating outside New Hanover County (unless by contract at WASTEC only); . , g. contaminated soils, volatile chemicals, etc.; h. any container of greater than 5 gallons, unless perforated; i. aluminum beverage containers; j. yard waste, stumps, vegetative debris; f k. florescent fixtures unless ballast have been removed, florescent tubes except by residents with a limit of four bulbs per day per household; l• gas tanks, gas cylinders (unless valve has been removed); m. any other material deemed unlawful as described in the North Carolina Solid Waste Management Rules as amended. Attempts to dispose of banned waste will be reported to the NC Department of Environment and Natural Resources. All cleanu and cleanu cost will be the responsibility of the hauler or waste generator Safe :All users of the disposal facilities must obey all traffic signs, signals, and the direction of disposal facility personnel.. Weigh out times• Landfill users must have all loads unloaded by the closing times of 4:30 p. m. Monday through Friday and 11:45 a.m. on Saturday. • 43 [This page intentionally left blank] 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date: 06/21/99 Regular Item#: 10 Estimated Time: Page Number: Department: Environmental Management Presenter: Ray Church, Contact: Ray Church SUBJECT: ~ Capita! Project Ordinance for Clean Water Management Trust Fund-Wetland Cells; NC Clean Water Management Trust Fund Grant Agreement #19.988-505 BRIEF SUMMARY: . A Capital Project Ordinance must be approved to establish the fund for the construction of Wetland Cells. Environmental Management has been awarded a grant from the NC Clean Water Management Trust Fund in the amount of $785,000 to build two constructed wetland cells of two acres each for treatment of landfill leachate. The wetlands treated leachate will be used for irrigation purposes on closed out landfill cells. The long term goal of this project is to increase our treatment capacity, reduce treatment costs, initially reduce the amount of treated wastewater discharged to the NE Cape Fear River and ultimately eliminate the 50,000 gallon per day discharge. The County's matching portion of $243,500 will pay for engineering design and permitting costs, wetland plants, and for the irrigation equipment. The match was approved. to be taken from the Environmental Management fund balance at the 11-23-98 meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the Clean Water Management Trust Fund Grant; request authorization for the County Manager to sign the grant document; request adoption of the Capital Project Ordinance; request approval of associated budget amendment #99-43. FUNDING SOURCE• CWMTF $785,000 County $243,500 (from Env. Mgmt. fund balance) ATTACHMENTS: ' - ~ ~, Ba99-43.wp Cpvvetcel.wp ~ ~,. REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS RECOMMENDATIONS: ~~~ ~ ~... ~a : :rar~c~ ~~r,,-~~~ Recommend acceptance of gr • COMMISSIONERS' ACTIONS/C ENTS: ~U~ COMAIII~IOi APPROVED C/-, ->,; . ,~,. , REM ED V~ l,x ~"' POS ~,.~,1G~ NLr~ ; , HEARD ~® ®ATE ~~~1z--1g9.~.45 f~ Ba99-43.wpd---..~ ,. _ -..-. ... ~ _ _ ~.. 4 ..-..._ ~- b,~,..~, ,-,. Page 1~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting .Date: 06/21/99 .Budget Amendment DEPARTMENT: Landfill/Clean Water Mgmt. Trust Fund-Wetland Cells BUDGET AMENDMENT #: 99-43 ADJUSTMENT Landfill Appropriate Fund Balance Transfer to Capital Project-fund 730 CWMTF-Wetland Cells Transfer in from Fund 700 _. CWMTF Grant. ~ . Capital Project Expense DEBIT $243,500' $243,500 $785,000 CREDIT $243,500 $1,028,500 EXPLANATION: To budget funds from fund balance in Fund 700 to be used as match on the CWMTF grant and to establish capital project budget according to Capital Project Ordinance. APPROVAL STATUS: To be approved by Board Of Commissioners r(;OUI11T1P ~~I~II~j~® ...;~ i POSTpON~ D ~~'~ ,: , 4.6 r~~ --~.~~~~~ ~~~~ CLEAN WATER MANAGEMENT TRUST FUND GRANT AGREEMENT (PROJECT WITHOUT ACCESSORY LAND ACQUISITION) GRANTEE: New Hanover County GRANT AGREEMENT NO.: 1998B-505 FEDERAL I.D. NO.: 56-6000324 GRANT YEAR: 1999 PROPERTY/PROJECTZOCATION: Cape Fear River THIS GRANT AGREEMENT (the "Grant Agreement"), is made effective as of the 31st day of May, 1999 by and between THE NORTH CAROLINA CLEAN WATER MANAGEMENT TRUST FUND, acting through its Board of Trustees solely in its official capacity pursuant to Article 13A of Chapter 113 of the General Statutes of North Carolina (the "Fund") and New Hanover County, a Local Government (the "Grantee"). RECITALS A. The Grantee will use the funds described in Section I hereof for to design and construct alarge-scale constructed. wetland and spray irrigation field at New Hanover County's municipal solid waste landfills (the "Project") and as further described as the purposes and scope of work, budget. and schedule for completion in Exhibit A attached hereto. B. The Fund tentatively approved the Grantee's application at its meeting on April 26, 1999 and is willing to make the Grant described hereinabove based on the terms and conditions set forth in this Grant Agreement. COVENANTS NOW, THEREFORE, in consideration of the mutual agreements set forth herein, together with other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the Grantee and the Fund enter into this Grant Agreement in accordance with article 13A of Chapter 113 of the General Statutes of North Carolina (N.C.G.S. § 113-145.1, et sea.). SECTION I The. Grant 1.1. Grant. Subject to the terms and conditions of this Grant Agreement, the Fund will grant the Grantee the sum of up to $785,000.00 (the "Grant") to fmance approved Project costs as described in Exhibit A attached hereto. 1.2. Grant Pumose. The purpose of the Grant is to complete the Project. The Grant funds are to be disbursed according to the provisions of Section III after the conditions precedent in Section II have been satisfied or waived in writing by the Fund, and subject to all other provisions of this Grant Agreement. . .. - r ;~ 47 1.3. Other Uses Prohibited. Grant funds may not be used for any purpose other than those described in paragraph 1.2: 1.4 Grant Disbursement Period. The Fund's commitment to disburse Grant funds under this Agreement shall cease on June 30, 2001. SECTION II Conditions Precedent for Disbursement of An Grant Funds Before any Grant funds are disbursed for the Project, the Grantee shall deliver to the Fund the following: 2.1. Documents to Be Provided by the Grantee.. ~ •~` (a) If the Grantee is anon-profit corporation, it shall provide to the Fund: i) Copy of the Articles of Incorporation and Bylaws of the Grantee, together with any amendments thereto, or such other organizational documents as Fund deems necessary to verify that Grantee is a -non-profit corporation whose primary purpose is the conservation, preservation and restoration of North Carolina's environmental and natural resources; ii) ~ Copy of the Certificate of Existence issued by the Office of the Secretary of State of North Carolina; iii) Certified copy of corporate resolutions authorizing the officers of the Grantee to execute and to perform the obligations of the Grantee under this Grant Agreement. iv) Notarized copy of Grantee's conflict of interest policy. (b) If the Grantee is a State of North Carolina ("State") agency, it shall provide the Fund evidence of authorization from necessary State officials to perform the functions and obligations of Grantee set out in this Grant Agreement. (c) If the Grantee is a local government or other political subdivision of the State, or a combination of such entities, it or they shall provide the Fund authorization from the governing board or other appropriate authority to perform the functions and obligations of Grantee set out in this Grant Agreement. 2.2. Matching Funds. Proof of availability of matching funds, if required by the Grant approval. . New Hanover County 986-505 Contract.doc 2 48 05/27/99 2:59 PM 2.3. Initial Certification. Certificate and seal of a North Carolina licensed and appropriately qualified engineer or architect which attests that: (1 the Project as d ' .proposed, is a technically sound method for achieving the intended purposes, and (2) the totaldC and and itemized budget are. reasonable and necessary. 2.4 Final Plans and Specifications. Evidence that the final plans and specifications for the Project have been approved by the North Carolina Division of Water Quality. 2.5 Project Site. Evidence satisfactory to the Fund that Grantee has or will have a fee simple interest in the site of the Project and all other real property of Grantee essential to the Project, including necessary easements and rights of way (the site of the Project and the other real property and easements referred to herein shall be .referred to herein collectively as the ' "Property"), to assure undisturbed use and possession for the purpose of construction and operation for the estimated life of the Project, and that such property is satisfactory to the Fund for the Project and is as warranted in Sections 4.4, 4.5 and 4.7 hereof. 2.6. _ Compliance with Laws. Evidence satisfactory to the Fund that the Project and the Property and its intended uses are, and will continue to be, in compliance with all applicable laws, regulations and ordinances, including without limitation, land use, health and environmental protection laws and zoning laws. SECTION III . Disbursement of Protect Costs. . 3.1.. Reporting. Disbursement of Grant funds for the Project shall be made by quarterly reimbursement of Grantee's expenditures on the Project as set forth in Exhibit A. To obtain reimbursement, Grantee shall submit quarterly reports identifying progress toward accomplishing the Project objectives and containing appropriate itemized documentation to the Executive Director of the Fund (the "Executive Director") showing all expenses incurred and shall comply with the provisions of this Section III and other applicable provisions of this Grant Agreement. Where the Grant funds are to pay only a portion of the entire Project cost, the actual amount of reimbursement shall have the same ratio to all expenses incurred as the Grant has to the entire Project cost. Grantee shall identify any sales tax for which reimbursement has been or will be obtained from the State Department of Revenue, and such monies shall not be reimbursed. ' 3:2. ~ Certification by Engineer. At the option of the Fund, reimbursements may be made only on the certificate and seal of a North Carolina licensed engineer or architect, that the improvements for which the reimbursement is requested have been completed in accordance. with approved plans and specifications,. to which certificate shall be attached an estimate by the contractor setting forth items to be paid out of the proceeds of each such reimbursement. The Fund, at its option, may further require a certificate from such engineer or architect that the portion of the Project completed as of the date of the request for reimbursement has been completed according to schedule and otherwise as approved by the Fund and according to applicable engineering or architectural standards and requirements. However, the Fund may, at its discretion, make reimbursements without requiring such certificates or contractor's estimate, in which event the New Hanover County 986-505 Contract.doc 3 /~ 05/27/99 2:59 PM G,t, Grantee shall furnish the Fund a list of and the amounts of items to be paid out of the reimbursement, or such other evidence as the Fund may require. • 3.3 Reimbursement Based on Progress. The Grantee agrees to proceed with diligence to construct the Project according to the schedule set out in Exhibit A and shall show appropriate progress prior to each reimbursement. Reimbursement may be withheld or delayed if Grantee fails to make progress on the Project satisfactory to the Fund. Amounts withheld shall be'reimbursed with subsequent reimbursements in the event that Grantee is able to demonstrate an ability to resume satisfactory progress toward completion. of the Project. 3.4 Proof of Pa ment. The Grantee agrees to pay, as the work progresses, all bills for labor and materials going into the construction of the Project, and agrees to submit to the Fund all such receipts, affidavits, canceled checks, or other evidences of payment as may be requested from time to time, and when and if requested by the Fund to furnish adequate proof of payment of all indebtedness incurred in the development of the Project. 3.5. Books and Records. The Grantee agrees to maintain and make available at all reasonable times to the Fund all bid documents, and accurate books and 'records of all expenditures for costs applicable to this Grant Agreement, and to submit properly certified billings for such costs on forms prescribed by the Fund and supported by detailed data sheets which will facilitate the audit of the Grantee's records. 3.6. Audits. Grantee agrees that the Fund and the State have the right to audit the books and records of the Grantee pertaining to this Grant Agreement both during performance and for thirty-six (36) months after completion or termination of the Project. The Grantee shall retain complete accounting records, including original invoices, payrolls, contracts, or other documents clearly showing the nature of all costs incurred under this Grant Agreement, for that same period of time. ,. 3.7. No Excess Costs. The Fund agrees to reimburse the Grantee only for costs actually incurred by the Grantee which do not exceed the funds budgeted for the Project in Exhibit A. 3.8. Insurance. The Grantee agrees to keep structures or improvements of any sort constituting the Project fully insured at all times. during construction and to keep fully insured all building materials at any time located on the Project. Grantee will ensure that contractor(s) furnish(es) adequate payment and performance bonds. • 3.9. Refunds. The Grantee agrees to refund to the Fund any funds not expended in the completion of the Project under the terms of this Grant Agreement, including any interest earned on funds granted pursuant to this Grant Agreement. ~: 3.10 No Liens. Grantee shall take such action, including, without limitation, obtaining lien waivers, as shall be reasonably necessary to avoid liens against the Property in any way related to the Project. ~ • New Hanover County 986-505 Contract.doc Q 05/27/99 2:59 PM 50 SECTION IV Representations and Warranties In order to induce the Fund to enter into this Grant Agreement and to make the Grant as herein provided, the Grantee, after reasonable inquiry, makes the following representations, warranties and covenants, which shall remain in effect after the execution and delivery of this Grant Agreement and any other documents required hereunder, any inspection or examinations at any time made by or on behalf of the Fund, and the completion of the Project by the Grantee: 4.1. No Actions. There are no actions, suits, or proceedings pending, or to the knowledge of the Grantee threatened, against or affecting the Grantee before any court, arbitrator, or governmental or administrative body or agency which might affect the Grantee's ability to observe and perform its obligations under this Grant Agreement or complete the Project. 4.2. Validity of Grant Documents. Upon execution and delivery of items required hereunder, this Grant Agreement and the other documents executed or delivered in connection herewith and items required hereunder will be valid and binding agreements and enforceable in accordance with the terms thereof. 4.3. No Untrue Statements. Neither this Grant Agreement nor any information, certificate, statement, or other document, furnished by Grantee in connection with the Grant, contains any untrue statement of a material fact or omits disclosure of a material fact which affects the Project, the Property or the ability of the Grantee to perform this Grant Agreement. 4.4. Condition of Property. After appropriate inquiry and investigation, the Grantee is aware of no reason that the Project may not be completed without violating any federal, state or local environmental or land use laws and regulations. 4.5 ,Environmental Condition of Property. TZZe Grantee warrants, represents and covenants to the Fund that to the best of its knowledge after appropriate inquiry and investigation: (a) the Property 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) Grantee represents that the Property has been and is used as a public landfill for the disposal of asbestos and other regulated waste streams, and that there is no known environmental condition existing on the Property that may prohibit or impede use of the Property for the purposes set forth in this Grant Agreement, and the Grantee will not allow such uses or conditions. 4.6 Access. There is legal public access to the property from a public roadway. SECTION V Affirmative Covenants 5.1. Compliance with Laws. Grantee agrees to perform and maintain the Project in compliance with all federal, state and local laws and regulations, including, without limitation, • environmental,. zoning and other land use laws and regulations. New Hanover County 986-505 Contract.doc 5 05/27/99 2:59 PM 5.2 Material Modifications. Any•proposed material modification of the Project shall be subs ect to approval by the Fund. ~ 5.3. Tax Exempt Status. If the Graritee is a nonprofit corporation, it shall maintain tax- exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (or any successor section) and the regulations promulgated thereunder (the "Internal, Revenue Code") and shall notify the Fund upon any change in its status under the Internal Revenue Code prior to all Grant funds being disbursed to Grantee. 5.4. No Mitigation. Grantee shall not use the Property or any portion thereof to satisfy compensation mitigation requirements under 33 U.S.C. § 1344 or N.C.G.S. 143-214.11. 5.5 Inspections. The Grantee shall permit representatives of the Fund to visit the Property and any other premises of the Grantee to examine any property purchased with the 'Grant funds and to review the activities of the Grantee pursuant to the Grant, including 'books and records in any way related to the Grant or the Project. 5.6. Retention Operation Maintenance and Use. (a) Grantee agrees to complete the Project as approved by the Fund. The Property descriptions, purpose, schedules, .scope of work and budgets set out in Exhibit A, and accompanying or related plans, specifications, ,estimates, procedures and maps submitted to the Fund by the Grantee are the foundation of this Grant Agreement. Only changes deemed non-material in type at the discretion of the Executive Director may be made without the consent of the Clean Water Management Trust Fund Board of Trustees. (b) Property acquired, developed or improved with grant assistance shall be retained and used for the purposes identified in Exhibit A and Grantee hereby agrees to file or record such restrictions ,as may be required to assure such continued use and such restrictions shall be in form and substance satisfactory to the Fund. For a,period of ten (10) years after Project completion,'Grantee agrees to maintain and manage, at maximum functional utility, the end product of the Project unless the`Fund agrees, in writing, to waive this requirement: (c) If at some future date, the Fund and the Grantee agree that the Project should no longer continue on the Property, then Grantee will abandon the Project and allow the Property to return to its natural state. (d) Property acquired, developed or improved for public use with Grant assistance that is open for entry and use by the public shall be open to.entry and use equally by all persons, regardless of race, color, creed, national origin, or residence, subject to reasonable published rules governing use of the Property consistent with this Grant Agreement. (e) As soon as practicable, but within five years the Grantee agrees to rescind its discharge permit and provide documentation of this action from the North Carolina Department New Hanover County 988-505 Contract.doc 6 05/27/99 2:59 PM 52 • of Environment and Natural Resources or other appropriate parties that is satisfactory to the Fund. 5.7. Pollution Credits. If the Project enables the Grantee to reduce the discharge of phosphorus, nitrogen, or any other nutrient or pollutant below, or further below, applicable regulatory limits ("Pollution Credits"), Grantee shall notsell, trade or give to another person or entity that percentage of any resulting. credits achieved by the Project corresponding to the percentage of the Project costs provided by the Fund. 5.8. Final Report. Grantee shall submit a final report within 90 days of the completion of the Project. Such final report shall include: (a) , a narrative statement evaluating and summarizing the completed Project, including a brief description of what objectives the Grantee hoped to accomplish with the Project and what actually was accomplished; (b) "Certificate of Completion", and any other documents, reports or other evidence, including photographs necessary to verify ~ that the Project has -been concluded in compliance with this Grant Agreement; and (c) a full financial report on the Project, including a final invoice for all Project related expenditures. ~ . 5.9. Si na e. Grantee agrees, at its expense, to post visible signs along boundaries of the Property,. satisfactory to the Fund, that acknowledge participation of the Fund in the Project and protection of the Property, satisfactory to the Fund, and that the Property will remain in its protected state. 5.10. R_e~cuired Accounting for Non Profit Comorations. If the Grantee is anon-profit corporation and receives between $15,000 and $300,000 in funds from the State within any fiscal year, the Grantee shall provide a sworn accounting of receipts and expenditures of State funds in a form approved by the State Auditor. This accounting must be attested to by the treasurer of the Grantee and one other authorizing officer. The accounting must be filed within six months after the end of Grantee's fiscal year in which State funds were received. If the Grantee receives more than $300,000 in funds from the State within any fiscal year, the Grantee shall file with the State Auditor and each funding agency its audited financial statements in accordance with the standards and format prescribed by the State. 5.11 Conflicts of Interest. If Grantee is a nonprofit corporation, it shall at all times comply with its conflict of interest policy. If Grantee is described in Sections 2.1(b) or (c) hereof, it shall comply with all conflicts of interest laws, rules and regulations applicable to it in the State. 5.12. Use of Grant Funds. Grantee agrees not to use Grant Agreement funds for projects that reduce Grantee's customers' combined water and sewer rates to below 1.5% of the mean household income in Grantee's service area. • . New Hanover County 986-505 Contract.doc ~ 05/27/99 2:59 PM 5.13. Additional Requirements.. Grantee shall comply with all legal requirements applicable to the use of the grant funds. SECTION VI Events of Default f: ' The happening of any of the following, after the expiration of 'any applicable cure period without the cure thereof, shall constitute an event of default ("Event(s) of Default) by the Grantee of its obligations to the Fund and shall entitle the Fund to exercise all rights~and remedies under this Grant Agreement and as otherwise available at law or equity: 6.1. Property Unsuitable. A determination by the Fund, prior to the disbursement of Grant funds, that the Property is unsuitable for the purposes for which this Grant Agreement is made: 6.2. Unsuitable Use. The Property .is being used in a manner materially inconsistent with the purposes of this Grant Agreement or the Project. 6.3. Default in Performance. The default by the Grantee in the observance or performance of any of the terms, conditions or covenants of this Grant Agreement, including, without limitation, a failure to satisfy any condition precedent to disbursement or reimbursement set forth in sections II or III herein; provided, however, that no such default shall occur until the Grantee has received written notice of said default and thirty (30) days to cure have elapsed; provided; further however, that the Grantee shall be entitled to such notice no more than four times \ in any calendar year. 6.4. Misrepresentation. If any representation or warranty made by the Grantee in connection with the Grant or any information, certificate, statement or report heretofore or hereafter made shall be untrue in any material respect at the time made. 6.5. Eligibility of Grantee. If Grantee ceases to be qualified to receive Grant funds or is dissolved or other wise ceases to exist. 6.6. Abandoriment of the Project. If Grantee abandons or otherwise ceases to continue to make reasonable progress towards completion of the Project. SECTION VII The Fund's Rights and Remedies If an Event of Default shall occur, the Fund shall have the following rights and remedies, all of which are exercisable at the Fund's sole discretion, and are cumulative, concurrent and independent rights: 7.1. Project Termination. If an Event of Default occurs, the Fund may, at 'its discretion suspend and/or terminate all obligations of the Fund hereunder. If, in the judgment of the Fund, New Hanover County 988-505 Contract.doc 8 05/27/99 2:59 PM 54 . such failure was due to no fault of the Grantee, amounts required to resolve at minimum costs any irrevocable obligations properly incurred by Grantee shall, in the discretion of the Fund, be eligible for assistance under this Grant Agreement. '~ 7.2. Additional Remedies. If an Event of Default occurs, the Fund shall have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Project by any acts which may be unlawful or in violation of this Grant Agreement or any other item or document required hereunder, (b) to obtain title to or otherwise preserve or protect its interest in the Project and any Property acquired with Grant funds, (c) to compel specific performance of any of Grantee's obligations under this Grant Agreement, (d) to obtain return of all Grant Funds and/or (e) to seek damages from any appropriate person or entity. The Fund, or its designee; may also, at the Fund's sole discretion, continue to complete the Project, or any portion thereof deemed appropriate by the Fund, and the Grantee shall ~ cooperate in the completion of the Project. The Fund shall be under no obligation to complete the Project. 7.3. _ Nonwaiver. No delay, forbearance, waiver, or omission of the Fund to exercise any right, power or remedy accruing upon any Event of Default shall exhaust or. impair any such right, power or remedy or shall be construed to waive any such Event of Default or to constitute acquiescence therein. Every right, power and remedy given to the Fund may be exercised from time.to time and as often as may be deemed expedient by the Fund. . SECTION VIII Miscellaneous The following conditions shall be applicable to this Grant Agreement: 8.1. Modification. This Grant Agreement may be rescinded, modified or amended only by written agreement executed by all parties hereto '8.2. Benefit. This Grant Agreement is made and entered into for the sole protection and benefit of the Fund, the State and the Grantee, and their respective successors and assigns,. subject always to the provisions of Section 8.7 hereof. Except for the State, there shall be no third party beneficiaries to this Grant Agreement. 8.3. Further Assurance. In connection with and after the disbursement of funds under this Grant Agreement, upon the reasonable request of the Fund, the Grantee shall execute; acknowledge and deliver or cause to be delivered all such further documents and assurances, and comply with any other requests as may be reasonably required by the Fund or otherwise appropriate to carry out and effectuate the grant contemplated by this Grant Agreement and the Project. 8.4. Compliance bV Others. The Grantee shall be responsible for compliance with the terms of this Grant Agreement by any political subdivision or public agency to which funds are transferred pursuant to this Grant Agreement. Failure by such organization to comply shall be deemed failure by the Grantee to comply with the terms of this Grant Agreement. New Hanover County 988-505 Contract.doc 9 05/27/99 2:59 PM 8.5. No Discrimination. The Grantee shall assure that no person will be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity covered by this Grant Agreement solely on the grounds, race, color, age, religion, sex or national origin. 8.6. ADA Compliance. The Americans with Disabilities Act 1990 as it may be amended from time to time, and the rules and regulations promulgated in connection therewith (the "ADA") makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination. against individuals with disabilities in State and local government services and public accommodations. The Grantee agrees to, and agrees to cause its principals and subcontractors to comply with, the ADA. 8.7. Assi nment. The terms hereof shall be binding upon and inure to the benefit of the successors, assigns, and personal representatives of the parties hereto; provided, however, that the Grantee may not assign this Grant Agreement or any of its rights, interests, duties or obligations hereunder or any Grant proceeds or other moneys to be advanced hereunder in whole or in part without the prior written consent of the Fund, which may be withheld for any reason and that any such assignment (whether voluntary or by operation of law) without said consent shall be void. 8.8. No Partnership Joint Venture or A ency. This Grant Agreement shall not in any way be interpreted or construed as making the Fund a partner or joint venturer with the Grantee, nor as making the Grantee agent or representative of the Fund. The Grantee agrees that neither it nor its agents or employees are or shall be agents or employees of the Fund. In no event shall the Fund be liable for debts or claims accruing or arising against the Grantee. 8.9. Indemnity. The Grantee agrees, to the fullest extent permitted by law, to release, defend, protect,, indemnify and hold harmless the State, the Fund, its Trustees, and their respective employees and agents, from and ~ against any and all claims; actions, liabilities, damages, fines, penalties, costs and expenses (including, without limitation, all reasonable attorneys', legal assistants, consultants and experts' fees actually incurred, costs and expenses incurred in the investigation or defense of any matter), and clean up costs and other pollution related items asserted against, imposed upon or incurred by the. Fund, or its .Trustees or any of such other persons, as a direct or indirect result of or arising from or relating to: (i) breach of or default under this Grant Agreement by Grantee; (ii) any representation or warranty made by Grantee in this Grant Agreement; (iii) acts or omissions of. Grantee or its employees or. agents. in connection with this Grant Agreement, the Project or the Property, if any, granted in connection herewith; (iv) use of the Grant funds provided in connection with this Grant Agreement; (v) ownership or use of the Property; (vi) the Fund's exercise of any of its rights or remedies under-this Grant Agreement; (vii) any violation of any federal,~state or local environmental or land use law or regulation related to the Project or the Property; or (viii) the use or presence of any hazardous substance, waste or other regulated material in, on or under the Property, or used in connection with the Project, including, without limitation, any materials containing asbestos. In the event this indemnity is unenforceable as a matter of law as to a particular matter or consequence referred to herein, it shall remain enforceable to the full extent permitted by law. The obligations under this Section are independent ~, / New Hanover County 98B-505 Contract.doc 1 ~ 5 6 ~ 05/27/99 2:59 PM of all other rights or obligations set forth herein. This indemnity shall survive the disbursement of the Grant funds, as well as any termination of this Grant Agreement. 8.10. Governing Law Construction and Jurisdiction. This Grant Agreement and the other Grant Documents and all matters relating thereto shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina, notwithstanding the principles of conflicts of law. The headings and section numbers contained herein are for reference purposes only. The terms of this Grant Agreement shall be construed according to their plain meaning, and not strictly construed for or against a party hereto. The Grantee hereby submits to the jurisdiction of the state and Federal courts located in North Carolina and agrees that the Fund may, at its option, enforce its rights under the Grant Documents in such courts. The parties hereto intend this document to be an instrument executed under seal. The Fund and any party that is an individual, partnership or limited liability company hereby adopts the word "SEAL" following his/her signature and the name of the Fund or partnership or limited liability company ashis/her/its legal seal. 8.11. Savings Clause. Invalidation of any one or more of the provisions of this Grant Agreement, or portion thereof shall in no way affect any of the other provisions hereof and portions thereof which shall remain in full force and effect. 8.12. Notices. All notices, requests or other communications permitted or required to be made under this Grant Agreement or the other documents contemplated by this Grant Agreement shall be in writing, signed by the party giving such notice to the address set forth below, and shall be deemed given three (3) business days next following the_ date when deposited in the mail, postage prepaid, registered or certified mail, return receipt requested, to the other party hereto at the address indicated below or such other addresses as such party may establish in writing to the other party in the manner provided hereunder for notices: If to the Fund: Clean Water Management Trust Fund 2313-B Executive Park Circle Greenville, NC 27834 Attn: Roy Carlton If to the Grantee: New Hanover County Environmental Management 3002 Hwy 421 North Wilmington, NC 28401 Attn: Samuel Hawes 8.13 Additional Remedies. The rights and remedies of the Fund provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to the Fund in connection with this Grant Agreement. .8.14 Survi_______vorship, Where any representations, warranties, covenants, indemnities or other provisions contained in this Grant Agreement by its context or otherwise, evidences the intent of the parties that such provisions should survive the Closing or any termination of this Grant New Hanover County 986-505 Contract.doc 11 5 7 05/27/99 2:59 PM Agreement, the provisions shall survive the Closing or any such termination. Without limiting the generality of the foregoing, the, parties specifically acknowledge and agree -that the provisions of Sections III, IV, V, VI, VII, and VIII shall survive the Closing, as well as any termination of this Grant Agreement. 8.15. Entire Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. All recitals, exhibits, schedules and ,other attachments hereto are incorporated herein by reference. (signatures are on the next page) New Hanover County 98B-505 Contract.doc ' PM 12 05/27/99 2:59 58 • IN WITNESS WHEREOF, the undersigned have executed this Grant Agreement under seal through their duly authorized officers or representatives, to be effective the day and year first above. ATTEST: GRANTEE: Title: BY= Title: [SEAL] FUND: NORTH CAROLINA CLEAN WATER MANAGEMENT TRUST FUND BOARD OF TRUSTEES (SEAL) By: Joseph M. Hester, Jr., Chairman New Hanover County 98B-505 Contract.doc PM 05/27/99 2:59 l~ J 59 EXHIBIT A Water puality Obiectives• Once in place, the wetland/irrigation system will allow New Hanover County's Department of Environmental Management to reduce and eventually eliminate our NPDES discharge. The Cape Fear River Basinwide Water Quality Management Plan (NCDENR ) supports projects like this that promote Non-Discharge alternatives to protect water quality. Our current NPDES permit allows the discharge of 50,000 GPD. This project will allow us to keep Total Nitrogen( TN ), NH3-N, BOD, and TSS from entering swamp waters of the Northeast Cape Fear River from our facility. Small amounts of BOD and Nitrogen wastes, when added to other discharges, can cause drastic fluctuations on D.O. levels in Swamp Waters. The wetland/irrigation system will drastically reduce all of these constituents from entering the Northeast Cape Fear River (averaging 14,000 lbs./yr. of TN, 3,500 lbs./yr. of BOD, 1,800 lbs./yr. of TSS ). ScoAe of Work: The funding will be used to design and construct a large scale constructed wetland and spray irrigation field at New Hanover County's municipal solid waste landf 11. Once in place, New Hanover County will manage the system to treat landfill leachate. The project site is located at New Hanover County's Landfill in Wilmington North Carolina off Highway 42I North. The construction of the wetlands will meet North Carolina standards for landfill construction. The entire system will include two, two acre wetland cells, a collection pond for treated leachate from the wetlands, and a spray irrigation system. The wetland cells and 6 0 collection pond will be lined with two la ers of 60 mm. HDPE hi y ( gh density polyethylene )liner. There will be a leachate detection system between the two liners. The detection layer will consist of a drainage net system to collect any potential leakage. The wetland system will be capable of treating 60,000 GPD. They will be designed to treat more leachate than our WWTP is permitted to discharge. Effluent from the wetlands will flow by gravity into the collection pond prior to land application. The spray irrigation fields will be located on the top of previously closed landfill cells seeded with Bermuda grass. The irrigation system will include a 300 foot pivot point unit and numerous irrigation guns. Irrigation guns will continually be added until discharge elimination has occurred. The Bermuda grass will uptake the remaining nutrients in the effluent. The first cell to be irrigated will be Cell One. North Carolina's Department of . Environment and Natural Resources( NCDENR ) will allow us to irrigate 0.75 inches/acre/week. At this rate, 6.5 acres on the top of Cell One can be irrigated five days each week at a rate up to 27,000 GPD. Irrigation of Cell One alone can- reduce our NPDES discharge by approximately 6,800,000 gallons/year( 37% of permitted discharge ). Other cells already closed and next in line to be irrigated include Ce112 West and 2 East-3 A with a combined area of twelve acres. These cells can be irrigated at a maximum rate of around 15,000 GPD, five days a week, reducing our NPDES discharge. by another 4,000,000 gallons/year( 21% of permitted discharge ). As more landfill cells are closed, we will . extend the irrigation lines to increase irrigation capabilities. This will also allow us to ,reduce the agronomic spray rates/acre/time as more area is closed and added to the spray fields. The irrigation, system will be designed to irrigate at appropriate agronomic rates to ensure there is no runoff and potential groundwater contamination. 61 An independent engineering firm will prepare the final desi n s ecification g p sand be on site for construction oversight. Another independent contractor will be responsible for the construction including earthwork; surveying, liner and drainage net installation, well installments, planting, and piping. A separate contract will cover the irrigation equipment and installation. New Hanover County will have one full time employee to inspect the construction of the system. Basic construction materials will include HDPE liner, 'piping, heavy equipment, drainage net, soil, sand, wetland plants, and other materials as needed. The County will maintain the system upon completion. ` " Once the wetland irrigation system is implemented we will track evapotranspiration rates using the Thornwaite Formula and evaporation pan method. Irrigation and discharge reduction rates will be monitored daily by collecting readings from calibrated flow meters. This information will be incorporated into a monthly report comparing historical data to the present. The report will be available to the general public'upon request. Timeline For Comnletion• The project will be completed as soon as possible, but ~ not before, the North Carolina Department of Environment and Natural Resources has reviewed and accepted the project design and construction. At this time there is no good reason why this project cannot be in operation within three(3) years of the signing of the Contract between New Hanover County and The Clean Water Management Trust Fund. Proiect Bud~et• Please see the following page. 62 . . . • .., q q U O O O O O ~ O O O O ~ ~ p ~ ~ . C . ..O O O O O p O O O O O ~ ~ ~~ ~ O O N O in •. ~' ~ ~ O ~ N O N O C O O .--~ Q r'1 ~ . y .. x ~. ~ ~.. ~ 64 64 M 64 64 ft? 64 ~ N . r U Q • ~ 69 69 r-+ ' z - . .. V U ' Q 0 0 0 0 C _~ p ~~ ' F 0 ~ 0 ~ O O O ~ ~ ~ O p C ..p ~ 0 ~ 3 ~ ~ ~ o o '~ o ~ V ~ 00 O _O N ~ O h ~ ~ N bA 69 ~ ~ ~ ~ 69 _ ~ ~ ~ ~ cam, ~ .. . o > +, ` . ,~ ° o b .~ • y ' • ~ > .~ 0 23 ~ o a ° ~ .~. • ~ 0 0 • ~ '~, ~ i ~, ~ a., ~ ~ , ~ . ~: ~ en o ^ ~, ~ ~ ~ 3 ~ n. ~ .o o ~ Z ~. ~I ~ ° ~ ~ ° .. - q W o U W ~ ~ cn .~ ,~ ° Q o. P: n o G:: ~ ~ C7 > L1, A, ~ a~ W v ~ b ~ > . , . ~ ~ ~ •~ ~ ' a ~ >. •~ • r - R - N b • ~ y q G y '~ ~ O ' i ~,,, ~ 'b O. > ' 3 ~ :~~[ w G O y O ° ~ .`"~• ~ ~~ ~- U ~ 3 ~ ~ ~ . ~- v z ~ a ~ • ~o ~, ~ ~ a ; •~ o R ~ L ~ L w ~, ~ ~ U ~ v1 ~ c F'' c E"' ~ c a W U S ° .. ~, ~~ 63 :~ NEB!( HANOVER COUNTY B0,4RD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/23/98 Regular Item #: 6 Estimated Time: Page Number; Department: Planning Presenter: Dexter Hayes Contact: Dexter Hayes SUBJECT: Committee appointments for the Cape Fear River Corridor Panning effort BRIEF SUMMARY: Project Oversight Committee (POC) presently consist of five members from thee. City of Wilmington ,five from New Hanover County, eight from B_runswick•County ,one front Pender County, and one from N.C. Division of Coastal Management. New Hanover County representatives re-appointed by the Commissioners in February, 1998 were Bill Caster, Bobby Greer, Patrick Lowe, Chris O'Keefe, and Dexter Hayes. At a meeting on October 15th the POC recommended that the representation from Brunswick'County be increased to ten and that an advisory committee also be established to represent various groups and agencies that have a special interest in the Cape Fear River. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve restructured Project Oversight Committee v/ith citizen. representation to replace staff: Consider the creation of an advisory committee to assist in the implementation of the Cape Fear River Corridor Plan. The Cape Fear Corridor Planning group meets to evaluate the program on the goals and objectives of the Cape Fear River Corridor Plan. The purpose of the restructuring is to' allow fo'r more representation from Brunswick, County. FUNDING SOURCE• ATTACHMENTS: Brunswick County Letter Administrative recommendations in Plan (2 pages) ITEM) DOES lVOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with Planning Director and recommend approval of restructuring the project Oversight Com ~ e. COMMISSIONERS` ACTIONS/COMMENTS: '~ . ~ CCI.±~T~( ~(?~~M~~/S/iO(~~RS ~r{~i't' - 6' ~,.j u R ~ . r'_~ i CJ ^ ~ ~t~~:,~~D o 9 64 P~~ ~ P~N~D o HGARD,r DATE ~~' ~QJ~5Y11CN CUUylj PrunsWlck County Planning P.O. Box 249 - 20 Referendum Drive N.E. yUAtH CANp~~~' Bolivia, North Carolina 28422 J bcplan:'u:nccoast.net October 2l . _1,998 MEMO To:.Dexter Haves. Planning Director New Hanover County v Fr: Don Eggert Re: Cape Fear River Corridor Project Oversight Committee (POC) Action At it's meeting on October l 5th the POC asreed to recommend the following actions to the three member governments: l .) The membership be restructured to allows for ten (10) representatives from Bruns~~ick County, and five (~) each from New Hanover County and the City of ~'+`ilmington, In addition a representative of the NC Division of - Coastal Management and from Pender County ~~~il] be invited to member- ship. Each local ooverru»ent would be allowed to determine its member- - ship. Also, v 2.) The POC supported to concept of establishing an advisory cori~mittee whicli would be representatives of groups that have. an interest in the Cape Fear River,; such a Sw~ny Point MOT, the State Port, Brunswick Twon, NC DOT, etc. The advisory committee would provide input to the POC on isslres of general concern and make recommendations for specific actions re lating to the river. The POC ion turn would make r'ecommenations to the elected Boards. - 3.) The committee ask that I contact each-local government to solicit members for the restructured POC. I envision the POC meeting on a quarterly basis during the daytime. May I hear from you soon regarding your governing bodies' actions regarding this matter? y Thank you. 10 c: Poc TELEPHONE (910) 253-2025 (800) 621-0609 FAX (910) 253-2024 ' 65 Page 51 Cortti»uation of Project Oversight Committee As defined in Section 3, above, the Plan recommends that the intergovernmental Project Oversight Committee (POC) which has been active during the planning process be continued.. The membership of the Committee will need to be modified both in agency representation and number of members to reflect its changing role, and also to achieve more of a balance bet~~•een the two counties. It is recommended that the membership for the Committee be t~~~enry people with representation as follo~~-s: • ~'~`ilminQton ~~ ill have five members consisting of two elected officials, one planning representati~•e and t~~~o at-large representatives. • I`ew Hanover County ~~•ill have five members consisting of two elected officials, one planning representative and two at-large representatives. • Bruns~~, ick County ~~~i11 have eight members consisting of two county elected officials, one city elected official, one planning representative and four at-large representatives. • North Carolina Division of Coastal Management will have one member. • Pender Counh~ ~~~ill ha~~e one member. An effort should be made to obtain wide representation for the at-large seats from special interest groups such 'as environmental, economic development, cities, historic, cultural, tourism and shipping. The POC Should meet regularly to achieve sever a] purposes: • to monitor the process of adoption of the Plan by the cooperating jurisdictions. • to establish further cooperative efforts which could further implementation of the Plan. • to "track" project proposals into implementation, encouraging intergovernmental cooperation among state and federal agencies, as well. as regional entities. • to discuss, review, and resolve intergovernmental conflicts and/or disagreements regarding any aspects of implementation, either•public or private. • to continue development of inno~~ative mechanisms to achieve the goals of the Plan. Cooperat7ti•e Relationships The projects and initiatives which have been proposed in the Plan will require significant cooperation among public and private entities to move ahead into implementation. These cooperative relationships have been hiehlighted in Section 4 and are illustrated in Figure 4. ~.2.Costs and.Phasing Capital Improvements Appendix B indicates the public and private actions within each sub-area defined in the Plan. It should be noted that the scope and magnitude of private developments are illustrati~~e only, to portray the magnitude of likely investment and development within t 11 time horizon of the Plan. The costs of public actions proposed in the Plan are summarize~irt 66 Table 1 and include the following types of actions: ~' Page 48 Administrative Process of Adoption acid Review .#. r ~ The Plan recommends that Bruns~t'ick and New Hanover Counties as well as the- . 'municipalities of Wilmington. Bel~•ille. Leland, Na~'assa, Bald Head Island and Southport adopt this-plan as an amendment to their comprehensive plans,. adjusting land uses and ' related zoning requirements accordingly. The proposed River Overlay Zone should bz added to each jurisdiction's zoninb ordinance, Concurrently, these jurisdictions (the .. cooperators] would execute an intergovernmental agreement that would bind each ' ~ cooperator to a corisultati~•e process regarding actions which might affect implementation of this Plan... ' -This interaoyernmental agreement should ideally be presented for approval to each government within the corridor concurrentl}• with the request for adoption of the Plan. ' Major.points to be included in the agreement are:, - ~ Recognize that the Cape Fear River is a regional resource shared by all parties that actions within the corridor have a regional and not just local impact. ® 'Acknowledge the success of the multi-juristictional Project Oversight Committee ~s'hch' ' supervised the preparation of the Ri~•er Corridor Master Plan, and the desire to continue the dialogue and coordination process among the involved governments. ` Establish a revamped Project Qversight Committee with the responsibilit}~ for o~ eral] coordination of the regional plan, ~~ ith the membership outlined below. , ' 'p State that a°ach party of the agreement shall use their "best efforts" to implement the recommendations as outlined in the Cape Fear River Corridor Plan. ® Establish a River Overlay Zone along both sides of the Cape Fear Ri~~er as proposed by the P1ari. - ~ Establish a process for review of public and private actions requiring local permit- approval relating to rezoning, site plans, subdivision approvals, building permits, etc., for projects within the Overlay Zone, for consistency ~~~ith the Plan. If the projector actions is deemed consistent, then the local government would approve the project. If there is any question of consistency, the appropriate Planning Department would voluntarily solicit interpretation and comment from the other participating governments. - - The .review. and comment process ~~~ould not usurp the ability of the affected local government to make the final decision on the action. If a project is deemed.to be . inconsistent with the Plar,, but is a desirable project, then the proposed action ~yould be submitted to the other governmental partners for approval as a modification to the Plan. e Establish a mechanism for amending the Plan. No additional staff or ne~~' agencies ~~~ould be required under this approach, but each ' affected jurisdiction ~~~here the project or activity is located would be assured of receiving r~ P the benefit of the review and comments from all of the other jurisdictions ~~~ithin the `corridor prior to taking an}~ final action on the proposal. The review process will provide information to local governments that ma}~ otherwise not have been normally received, and each local government would be in a better position to make a more informed decision 12 regarding activities that may affect the river resource. Local government autonomy is ~ . preserved in that each local government considering an action maintains the authority to .. make the final decision on whether and how a proposed activity will go forward. ~ • ~-_ ---- 67 [This page intentionally left blank] NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST, FOR BOARD ACTION . ;- ., Meeting Date: 06/21/99 ., Regular Item #: 11 Estimated Time: Page Number: ~ • , ` Department: Environmental Management Presenter: Ray Church ~ - • Contact: Ray Church ~ ` .. ~ , ' • SUBJECT: . . Memorandum of Understanding Between the EPA and New Hanover County. • t. A Landfill Methane Outreach Program Partner ' ' BRIEF SUMMARY: • . , .Thee-,Environmental .Protection Agency (EPA) hasdeveloped anon-regulatory voluntary program that helps communities develop cost effective landfill gas-to-enegy projects:, The program is called the Landfill ` Methane Outreach Program (LMOP). The EPA is seeking partners to encourage the development of environmentally and economically beneficial landfill gas-to-energy projects. The EPA's responsibility in the partnership is to provide project assistance, provide public recognition, provide marketing tools, and to ~ ` • -......provide a liaison. The County's. responsibilities are fo; annually complete a project profile, participate in a - ` peer network; promote the LMOP, and provide a liaison. The partnership allows the use of the L.MOP logo • in any publications about our proposed project. `. •~ ' ~ Either party can terminate this agreement without cause or penalty. ~ Other participants in North Carolina .: thatl am aware of are: the State, Wake'County, Mecklenburg County, City of Greensboro, Forsyth ~ . County, Cumberland County, and numerous industries. RECOMMENDED MOTION AND REQUESTED ACTIONS: ~ • ` ~ ~ Staff .recommends that New Hanover County become a Landfill Methane Outreach Program Partner with • the Environmental Protection Agency by signing the Memorandum of Understanding. To date our , experience with this program has been very positive. The LMOP has facilitated a meeting with I<OSA, Inc. (formerly Hoechst Celanese) to discuss the ,possibility of developing a landfill gas-to-energy project which ' will allow the use of landfill gas in their boilers. The proposal has been well received by KOSA~ and we are' currehtly receiving Request for Proposals to secure a developer to perform a feasibility study. If it is determined to be a feasible project, the project can be developed, providing fuel to KOSA`:and .reducing. ." emissions from the landfill. FUNDING SOURCE: ' ,N/A .- , ATTACHMENTS: _• Correspondence from the EPA . Memorandum of Understanding REVIEWED BY: .LEGAL': FINANCE: N/A BUDGET: NIA :HUMAN RESOURCES: N/A ~~~~ .l . COUNTY MANAGER'S COMMENTS AND RECOMMENDA IONS: I, ~~EO CS - Recommend approval of Memorandum of Understanding. I VEO ~ . x. , >.~. ppNEO 4 - COMMISSIONERS ACTIONS/COMMENTS: ~~ . o~~~eo srq~s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ~~ ~ Z ,~ ~ ~ ~ WASHINGTON, Q.C. 20460 z ~ ` ' o~ ?i~yr"~~ PROStiO~\ . November 17, 1998. ` File No. 0297702.05 , OFFICE OF Mr. Raymond ChU(Ch 'AIR AND RADIATION New Hanover County Dept. Of Environmental Management 3002 Hwy. 421 North Wilmington, NC 28401 Dear Mr. Church: ~ - . Thank you for participating in a meeting with Hoechst Celanese (HC) to discuss the result of the, Energy End .User Analysis conducted by the Landfill Methane Outreach Program (LMOP). The results of the analysis indicated that piping the landfill gas from the landfill to HC for use in their boilers would, make for awin-win project for both of you. Based on Linda Nutting's observations at this meeting, it appears that HC and New Hanover County will be moving forward on this project. Please let us know if there is any assistance the.LMOP• can provide. = In addition;,we would like,to be updated on the status of the project as it moves forward. Linda Nutting is now working in another LMOR territory, therefore if you have any ~~ questions you can contact myself~at (202) 564-9797 or•Laura Thomson of SCS Engineers at (410) 995 4040. ' - Best Regards, ,. • ~: ~ .. ! ... elley Cohen NC Program Ma ager cc: Linda Nutting, SCS Enginners Laura Thonson, SCS Engineers a ~~~~~~~~ ~~~~~ t~~ ~.~ 4 Y(7 ,~.. Y~ry~~. Internet Address (URL) • http:llwww.epa.gov c~ l./ r%EPA Eavimumeatal Ptotecxion ~y Air and Radiation 6202) EPA 430-F-97-027 January 1997 LANDFILL GAS-TO-ENERGY: COST-EFFECTIVE COMPLIANCE WITH THE LANDFILL RULE As municipal solid waste (MSV~ decomposes, landfill gas (LFG}--oo~ainin8 COz, CH., and Noon Methant Organic Coanpounds (NMOCs)-is produced. LFG vests to the atrnosphere and can migrate underground, coatnbuting to the dderioration of air quality and posing an explosion haTard.. To mitigate these environmental hazards, EPA's LaadfiD New Source Performance Standards and Emissions Guidelines (Vol. 61, No. 49 Fed. Reg., March 12, 1996, the "I.aadfill Rule's require many landfills to cxallcct and cxanbust their LFG.. Once LFG is collected, landfill owner/operators have two options for compliance: (1) burn the gas in a flare; or (2) produce energy for sale or oa-site use. BoRh canpliance optio~as address local air quality and safety c~nccrns, but only energy rceovery caprttalius on the energy value of LFG. landfill gas-ta-energy (LFGTE) Projects yield signifir~nt local and global enviro~nrneatal benefits,•aad help landfill owner/operators reduce costs of compliance with the landfill rule. EPA's Landfill Methane Outreach Program (CHOP) is committed to woridng with landfill owner/operators to investigate the use of LFG as an energy source. FUNDAIl~iENTALS OF LANDFILL GAS-TO-ENERGY How Much Energy Can A Landfill Produce? The answer to Phis question degeads o®a number ofsite-specific factors, including the age and composition of the waste, the depth and area of the site, and the local climate, am~g other rs. However, as a ruk of thumb, one ton of landfilled waste can produce approzimately 6,000 cubic feet of edium-quality gas or 250 kW of electricity under ideal conditions. What are the Energy Recovery Options? LFG can be converted into energy in a number of ways; the most popular being local gas use and electricity generation. Local Gas Use: Medium-quality LFG can be delivered via pipeline from the landfill to a nearby facility where it is used as boiler fuel or as fuel for a variety of industrial processes. Electricity Generation: LFG can be used to power generation equipment, which in turn provides electricity for on-site use or for distribution through the local electric power grid. Upgrade to Pipeline-Quality Gas: For this option, LFG can be upgraded and injected into a nearby natural gas pipeline. Project feasibility depends upon the Proximity, capacity, and gas specifications for the pipeline. Vehicle Fuel Conversion: LFG can also be converted irno methanol, liquified natural gas (LNG), or compressed natural gas (CNG), all of which can fuel vehicles. It is important to have a dedicated local fleet for this option. Producing Energy from Landfill Gas: Improves local air quali Lowers the cost of compliance Enhances safety `Reduces the risk of climate change 71 Critical Steps In evaluating Project Poteati~l Landfill owners and operators can bollotiv these steps to determine whether LFGTE is frasible for their particular sift: 1. Perform a site assessment. A sift assessax~t should be par£ormod to estirnexe the LFG generation potential sad to obtain infiarmation that wfil help you ddermine the best energy rxower3' option . 2. Identl, jy potential energy users. In Viral, costs for medium-Btu local gas use wr31 limit the distance betwoea the site and a direct user to approadrnately S codes. Similarly, cloetricity purchase by a Power . company will require access to nearby power lines aY (m the case oaf dirnd power purchase by sa end user) canstzuction of a dedicated Po'~ system. 3: Gather data on fuel requirements and c:crnent ousts from potential energy users The ideal medium-Btu gas user wr~l have a constant Success Story In Beene, I1fi, LFG is bring used to power a MRF/transfcr station located near the municipal land5ll. The LFGTE system provides Peak operating loads at about 180 kW, with average daily loads at SO kW. The total cost to build the system was approacimately 5280,000, with sa astimatod operatiaos cost of . about 528,000 per year. The station operators exgod to save over 5200,000 in energy omits over the lifetime of the project. eaerS3' demand to match LFG production. Infiormatian o~n current fuel costs and utility electricity avoided cost rates also helps to identify potential energy users that will have a strong inttrest in lowering costs. 4. Assess the economic feasibility of the project. EPA's~roject Development Handbook provides steps for evaluating the project et~aanrics and investigating financing options to assess whether a project is feasible under specific conditions. EPA has also developed project econflanic evaluation soHwane (see below). How EPA Can Help The Landfill Methane Outreach Program (LMOP) is a voluntary partnership in which the EPA, state agencies, electric utilities, the landfill gas-to-eaer83- industzy, . financiers, and energy end users work together to overcome barriers which prevent otherwise economic projects from going forward. The LMOP has produced a number of technical tools that help landfill owner/operators assess whether LFGTE is an attractive compliance option at their landfill, including: • The Project Ihvelopneent Handbook, winch walks the reader through the critical steps involved in identifying, designing and irrrplerrretrting asuccessful LFGTE Project; • E-PLUS project evaluation software, which allows the user to enter in basic information about their landfill along with an energy recovery option and generates a preliminary estimate. of the project's eennomic success; and • Helping Landfill Owners Achieve Ej)`ecxive, Loxes Cost Conrplianoe witch Fedrral Landfill Gas ~$egulations, a guidebook to using LFGTE as a 7 lompliaace option for the Landfill Rule. LANDFILL METHANE ®UTREACH PItOCa1tAM For Moee Information, Contact: To order any of these products, contact the LMOP at; Hotline: 888-STAR YFS (1-888-782-7939) Faz: 703-9343895 Home Page: http://www.epa.gov/Imop.html Mailing Address' Landfill Methane Outreach Progrdru U.S. EPA (6202n 401 M Strxt, SW Washington, DC 20460://www.cpa.gov/Imop.ht<nl Recycled/Recyclable .:., ., ,. . . f _.. , - Y:,~- ~~ ~~Memorandum of .Understanding Between • ~ ~ The United States Environmental Protection Agency .~ ~ ~ ~ . • and _ , ~ , EPA ' . . r - ' 1 - ~ : New .Hanover County. 1 ~ ~ ~ ~A Landfill Methane Outreach Program Partner , " ~ `, :; LANDFILL METHANE ~ .. -, OUl'REACH PROGRAM ", .: •, ' ... ' ~ ' • . This-is a vbiuntary partnership ,between New Hanover County and the. United States Environmental Protection' . m~ Agency (EPA). This memorandum sets forth the responsibilities and. agreements between EPA and New Hanover County to make New Hanover County a Partner. in EPA's. Landfill Methane Outreach Program. The Landfill Methane , Outreach Rrogram's mission is to reduce .methane, emissions, from landfills by encouraging the development of . ' • environmentally and economically beneficial landfill gas-to-energy projects: EPA recruits communities, ~cornmimity ..., , . .. org°anizations, and .landfill owners as Partners to help achieve this goal', Partners are encouraged to .work io '• partnership with.the EPA in~de~eloping their landfill gas-to-energy projects and. to promote their experiences with ~. landfill .methane utilization'to other.communities. .. . .• _.y , . _ •~;: 3.. , SHARED.COMMITMENTS .;. ' °Both Parties~acknowledge-a shared commitment to the promotion of landfill gas-to-energy projects atsolid waste. `~ landfills and recognize that widespread use ofilandfill gas as, an energy resource will:. : . . ''e . Reduce .emissions of methane, a potent greenhouse gas, as well as other air pollutants; .. ~ ~ - - ~ ^ . ,Establish acost-effective renewable: energy resource; and. ,~ ^ 'H'elp the Partner meef other community and organizational objectives,:. ' ,., , . ° ', Both Parties also agree-that the dissemination of appropriate information on successful~projecfsites can increase 'interest ,and confidence in the development of 'landfill gas-to-energy projects and thereby spur . ad,ditiona,l evelopment. Additionally, EPA and New Hanover County agree that communicating the Partner's commitments ~(as~ stated in the following) to the public demonstrates the concern of the Partner. for the environment and the "• :capability of.voluntary programs to help achieve national environmental goals with minimal. regulation: . ' - As a general principle of the-Landfill 'Methane Outreach Program, each. Party to'this agreement agrees,to assume the=-good faith of the other Party and to 'notify the other if any' problems arise: Either.Party can terminate this. °. '~ ~ ~ agreement, without.cause or penalty, and both Parties wil(then cease to publicize the Partner's participation in the ~'~~ Landfill Methane OutreacFl, Program.••, ~ -~ ~ . ' ; ' " ~ - ~. EPA'S.RESPONSIBILITIES-. ., ..: ,.. ~ , ` Provide Project Assistance ~. EPAgy rpee1 to rov~dep, where a ~ro rate, the followin es of assistance to the Partner to facilitate landfill gas-to- 9 p ~ ~ PP P ~ 9 tyP ~~~' ever ro ect deyelo merit: ' : ~ ~ ' - ~ Assessment of potential energy users for the landfill gas; ,. . ^" Evaluation of project.technical and economic feasibility; ~ '. _ ~ _ , =~ ^ Evaluation:of specific project information when requested, and; if warranted, assistance in the resolution • ~ • of project issues or problems;'and . ~, ^ <- Technical.supportfordemonstration of innovative landfill gas=to-energy technologies.. , ,. • Provide Public Recognition ~ .: ' x EPA agrees to provide the Partner with recognition for its public service in protecting the environment-and supporting.. ' ' ahe Landfill.. Methane Outreach Program and to take actions to increase the public's knowledge of the: Partner's - involvementwitfi these beneficial projects: , ~ `' , ,: , . a- .. • _ a .. . , ., ~. . . . j., '. ,~11720l98 ~ ~ Tomaintain consistency and fairness among, program participants, this MQU. may not tie changed. Provide Marketing Tools " EPA agrees to provide, and assist the Partner in using, marketing tools to help the Partner communicate..the benefits of landfill gas utilization to its constituents. Materials may include templates for posters, brochures, and press releases. ~ •, Provide a_ Liaison _ '' EPA agrees to designate a Landfill Methane Outreach Program Liaison and to notify the Partner within 2 weeks of any change in the designated liaison;~ - ' • PARTNER'S RESPONSIBILITIES •- f (Please note that these responsibilities only apply after a project~is completed.) ' Project Profile ~ ~ f The Partner agrees to complete, and update annually, a project profile. The profile will focus on th`e process the community went through to develop its project and will include providing updates on the quantity of landfill gas recovered and used at the site. The information may be used by the Landfill Methane Outreach Program to highlight the project and the Partner through case studies, trade publication articles, and/or the Outreach Program's Web site. Peer Network ~ " _ '- The Partner agrees to participate in a peer network that enables communities or organizations interested in landfill gas-to-energy project development to communicate with peers who have already developed projects to facilitate an information exchange on various aspects of landfi-I gas-to-ehergy project development. Promotion The Partner agrees to, where appropriate, promote its project and the Landfill Methane Outreach Program through case studies, project tours, ribbon-cutting ceremonies, or other events. Program Liaison, ~ ~ ~ " ~ ~ ~~ The Partner agrees to appoint a representative as its Landfill Methane Outreach Program Coordinator and to notify EPA of any change in the designated liaison. Voluntary Actions • The Partner agrees that the activities it undertakes connected with this MOU are not intended to provide services to the federal government and that the Partner will not submit a claim for compensation to-any federal agency. Representation - The Partner agrees that it will not claim or imply that its participation in the Landfill Methane Outreach Program constitutes EPA approval or endorsement of anything other than the Partner`s commitment fo the Landfill Methane Outreach Program (see Attachment A, "Landfill Methane Outreach Program Logo Use Guidelines"). ' ~l 74 11/20/98 To maintain consistency and fairness among program participants, this MOU may not be chanced. Please identify;your Landfill' Methane Outreach Program Coordinator; ', - _~ F.,,-_ Attachment A Landfill Methane Outreach=Program Logo Use Guidelines `) We are pleased to provide you wifh these Landfill Methane Outreach Program (LMOP) Logo Use Guidelines. These guidelines are designed for clear and easy reference; please forward a copy to your marketing support manager. Please note that the LMOP logo should only be used in accordance with these guidelines. Permitted Landfill Methane Outreach Program Logo Application • • Partners may use the LMOP logo only on materials that promote LMOP or landfill gas-to-energy. Such materials include advertisements, brochures, product literature, Web sites, and catalogs. Limitations on Landfill Methane Outreach Program Logo s Guidelines for LMOP Logo •' The LMOP logo must not be used in any manner that implies EPA endorsemerit of any'of the Parther's products, services, or systems. Partners must always use the entire LMO~P logo. ® Limitations on LMOP Logo Placement ~ • Materials containing the LMOP logo must conform to the following guidelines: e The LMOP logo must never be applied directly (as a decal, label, or in any other form) to a product, service, or system or on any materials used in the packaging of this product, service, or system; and • When using the LMOP logo in advertisements or any other promotional materials, Partners must conform to the following guidelines: • The logo must not be placed in the body of the text or next to or below a photograph or another depiction of the product, service, or system promoted; and • The logo must follow the Partner's name or appear in the bottom left-hand corner of the advertisement page or advertisement block separated from text and photographs of the product, service, or system promoted. ® Limitations on Text Mentioning LMOP Text mentioning the Landfill Methane Outreach Program must conform to the following guidelines: • All statements in the text must be factual; • References to LMOP must be in accordance with the descriptioris~presented in current program information distributed by the EPA; and • Text describing the relationship between the Partner and LMOP must not claim or imply that the Partner's association with LMOP goes beyond the agreement set forth in the MOU. EPA Landfill Methane Outreach Program Logo Review Policy The LMOP Partner agrees to deliver to EPA before prinfing copies of any materials developed by the Partner that use the LMOP logo or otherwise mention LMOP so that EPA may review such materials for conformance to the standards of LMOP. The EPA ensures a response to`the submission`within three (3) business days of its receipt. All submissions using the LMOP logo will be evaluated and approved on acase-specific basis and must be fitted ,before prinfing via fax or mail to: EPA c/o Landfill Methane Outreach Program-(6202J), 401 M Street, SW~ hington, DC 20460, fax: (202) 565-2077. 11/20/98 ~ To maintain consistency and fairness among program, participants, this mw may nvt oe cnanyGU. COMMITTEE APPOINTMENTS AIRLlE GARDENS FOUNDATION., INC: BOARD OF DIRECTORS 1 County Commissioners/staff designee ~-Q~ -~j~~ 1 County Manager/designee --A~l~,,~„ Q ~~I~„(J 1 Director of Airlie Gardens/designee 1 Member of the Corbett family (appointed by Corbett Package} 1 Member of Friends of Airlie Gardens 1 Member of the Coastal Land. Trust r 1,~: Ala 4k~r4w~~-.ri... 1 President of Cape Fear Community College:; .Eric,McKeithan 1 NCSU Agriculture & Life Sciences Representative: Dr. Theodore E. Bilderback 1 University of North Carolina at.Wilmington: ~kou~~vr t.,ewt~i,~ 4 At-Large Members ~ ~ - ~ ~ _ ~ ~~ AT-LARGE APPLICANTS: Willard D. Andrews Royce N. Angel Agnes Beane Gloria Carroll Ezzell Barbara Bradshaw Kidd Estell C. Lee Robert W. Martenis Malinda Joan Shoaf Catherine Harper Russell Stribling ~] t~ T~t~ 78 :- ~~a ,., ,~ .. .. ., . ~:. . ,~ . .. . , . ,... _ , ~~¢ ~"~ ~ ~ ~ BY-LAWS OF THE,AIRLIE~GARDENS FOUNDATION,"INC. ~ " 3 - , Article I .. . _ ~ ,. ... 4,._. ~ .. .. , ~_ ::~ , . , . .. ,. - .. _ .Purposes ° . :. .. ,. . L ;`.. ~ ~; Section, 1: Mission Statement; . ° . . . ~q '~. ~: ~ . a.. To develop a premier world class garden facility and envirozimental quality ' educational`program fot New Hanover County citizens and all visitors through the restoration of ` '; Airlie Gardens ~to its early 20`h century: splendor with emphasis on the horticultural, architectural; ~ ~ , `' °` ' ~ cultural, and°environmental components. ~"= ., " ~ _ ° .. ~~ '~ . ~ . . " ~ ; ~ 'b,. To provide citizens- and visitors with the. highest quality garden. experience, . f - ~~~ educational programming, and water quality research demonstration efforts. To assist and " ' ~ cooperate with the New'Hanov~er County. Cooperative'Extenson service in helping people , '. ~ , . ,- ~ . improve the .quality of their lives by providing research-based information and educational ' ;a. , , ° opportunities focused upon issuesand needs. ~ ~ ~ ~ ` ' ~ ,Section 2:~' The general ur oses: of the Foundation are as follows: ~ " '~ ~. b P. P -_ ~ .n = ~ a: To establish an.endowment and receive and.dsfribute rimonies forperspective funding „ ~- - of capital improvements at Airlie Gardens. To provide for-the oversight of ~, _ ~ assocations.or organizations"interested.in the objectives of the Airlie Gardens; .-. : ~ ~ - includingbut not limited to groups such~as "Friends of Airlie Gardens",and to ° ~~ , ~ ~ ~~" encourage the accumulation and dissemination of knowledge. of the natural heritage ~ ~ ' ,, . . - ... ~" ~' ` of. Southeastern North. Carolina. ~ ~ ` .: ,; . b:~To. arrange for such'meetings" of the Foundation officers. members, or other interested ", 4 ~~ " ."individuals, as maybe legally necessary, or considered desirable in the furtherance of , ` ' ~ ' the' aims and purposes of the Airlie Gardens".. ` c. To encourage and arrange for gifts, ~grarits, bequests,. anddevises to<the, Foundation for - ~ its work in the furtherance of the objectives for which it is organized, and to provide ' ~ ' ~ ~ for the-proper expenditure; use, and conservation of all gifts; grants .bequests and "~' devises so received... ~ ~ ~ ~ ' .' I ,' ~ Article Ii' ~ .. -. - .. ~. G '~ ~.. . . ~. Membershi ~ ~ °~ . ~ P~ . ~" S°ection..1: The corporation -will not have members.. r . ~ •. ,... .: .. ,, r ° ,. . . ~ f.. _ . . 1. g ~ -. w Y . 1 ~- - .~ ~~ .,~ X79 Section 1: Composition of the Board. The Board of Directors shall consist of thirteen (13) members seven (10) of which shall be appointed by the New Hanover County Commissioners as follows: " Article III , Directors a ; One (1) County Commissioner or staff designee One (1) County Manager or designee e, One (1) Director of Airlie Gardens or designee Four (4) At large members appointed by the County Commissioners ~, One (1) Member of the Corbett family appointed by Corbett Package Company, its successors or assigns . ~ - One (1) Member of Friends of Airlie Gardens One (1) Member of the Coastal Land Trust 80 The following Board members shall serve by virtue of their position, as indicated: One (1) UNC-W Chancellor or designee:. • One (1) President•of Cape Fear Community College or designee One (1) Dean of North Carolina State Agriculture and Life Sciences College or designee Section 2: Honorary Directors. In recognition of significant service to the Foundation or contributions of other nature, the Board of Directors may also appoint honorary or emeritus directors. Such directors shall be considered ex officio members of the • Board but shall not have the power to vote at Board•meetings. ' Section 3: EIections. Terms and Vacancies. By June`30 of each year, there shall be appointed four members of the Board of Directors to hold office for three years (one term) and • such additional members as may be necessary to fill vacancies, if any, to hold office ~~ . for the unexpired terms, as established by the :Executive Committee of the Foundation. Terms of gall directors. will begin on July 1 of the-year following their appointment and expire on June 30 of the Iast •year of their terms. Directors, appointed by the New • Hanover County Board of Commissioners, may serve a maximum of two terms (six years); they will again be eligible for appointment to the Board after one year off the Board. 2 ~~ • i. b. Section~'4: Qu:orum. Seven. (7) m ~ '• _ . embers of.the Board with the power to vote shall constitute a ~~ ~ • ~ ~' quorum at any meeting of the Board. ~ - . ,. . e ~_ '.Section -S: Meetings. The: Board' of Directors shall-have at least two "(2) regular meetings a - _ • ;:. year. The President shall designate the time'of the Board meetings. Speeial,meeti•ngs •_ . of the Board may be held at the call of the President,, or upon the, written request of • three members of the Boardupon'ten days' notice. •.` . Section 6: Function. The Board of Directors shall be the governing~body 'of the Foundation. • ': - ..:.. ,. =' . ~ .Article IV °. , :. - , . aR.~. . ^ • ... ,...Officers ~ -- ., ' `. ~ ~~ 'Section~l':~ Officers. The officers of this Corporation shall be a President, two Vice=Presidents, ' ` '' ~ a Secretary, a Treasurer, acid such other officers or agents as the Board of Directors .... ,. . find to be needed. ` ' . ,. , _ ;. , ~~ . ;~ ~~ ~ . Section 2. Method of Election: Vacancies. The officers shall be elected by a majonty of the ' 'j' ~ ~ Directors. present at the annual Board meeting on the second- Tuesday in ..August of ~ ~ . ~:~ ~ . ` ~ `each year. They shall. hold office for two calendar years, (one term), following their ~ ; ~' fi• ~~ election~or.until-successors are elected.,. Officersmay serve a maximum of four years. - . - ' (2 terms). They will again be eligible for election as officers one year-after the`last~~of _ , ~, their two terms. • A vacancy in any office shall be 'filed by the Executive Committee . .' - ~ - .~ for the unexpired tenn:of the official whose teen is not completed. • ` . `Section-3.' Duties of Officers.' ~ ~ , ,. ;: a. President. The President shall be responsible for carrying out.the policies `..,, ~ adopted by.the Foundation and its Board o£Drectors. He ~or she shall preside at . o.. all meetings of the Foundation membership, all meetings of the Board of -- , • •• . ' Directors, and all meetings of the, Executive Committee. He or she shall execute ~•~ -all deeds, contracts, agreements, transfers, and such other instruments as may be. .. - ~ ~ ~ ordered by the Board ofDirectors. . .. .. - - r... .~. ., . . . ' a '- . `, b:• Vice-Presidents.. ,The .Vice-Presidents. shall per'fonn such duties as may be ,~ - prescribed from .time-to-time ~,by the Board of Directors, the Executive ~ ~. ' ~•. ~ :Committee, or the President. .Either Vice-President may, in case of the absence. C ~ ~ or disability of the President, ;be assigned by the Board. or Executive Committee ' to perform any or all of the duties'of the~President.. . C .. ~ °, , . . ., , . .. i ~. - ... . . 1. - ,.. .. - ..a ~. _ ,: ,L _ •. .. . 3J . f .. ,, . .- • .. ~ ~. - .. .~ ,. ~ . ~ -. s ~ . - „" . .. . , ~. -' .. • . ~ , ,, . c. Secretary. The Secretary shall preserve in the books of the foundation true records and minutes of all meetings of the.Foundation, its Board of Directors, and its Executive Committee. d. Treasurer. Subject to the policies of the Foundation, custody and management of .the assets of the' Foundation shall be undertaken by the Treasurer. All financial transactions shall be overseen and approved by the Treasurer of the Foundation and the Director of the Gardens or his appointee. The Foundation shall operate under,an annual budget as recommended by the Director and the Treasurer and as amended and adopted by the Board or by the Executive Committee acting for the Board. The Treasurer shall review and authorize disbursement of funds according to the budget and transfer of funds among bank and investment accounts, shall periodically review the status of the budget, interim financial . statements, and the transactions and books of the Foundation; shall monitor investment accounts and performance and shall recommend changes to the Executive Committee; shall review,the annual independent audit and recommend and monitor corrective action, and shall render to the Executive Committee and the Board accounts of all fiscal transactions and of the financial condition of the Foundation. Article V Executive Committee Section 1: Composition. The Executive Committee shall consist of the: ' President of the Foundation Vice Presidents of the Foundation Secretary of the Foundation Treasurer of the Foundation Director of Airlie Gardens The President shall` serve as chairman' of the Executive Committee Section 2: Function. The Executive Committee shall act between the meetings of the Board of Directors and shall possess all the powers of the Board in regard to the conduct of the business of the~Foundation, provided, However, that the Executive Committee shall have no power to alter or amend the By-laws of the Foundation. The` Executive Committee shall oversee the solicitation, receipt, and disbursement of Foundation funds within the approved annual budget and in accordance with the budgeting procedures established by the Board. The Executive Committee shall also disburse to the Garden funds or grants raised or donated for specific Garden purposes. 4 ~) 82 'Suction 3:' Procedure. ,Executive Committee action maybe taken~on simple majority vote bye • . 'mail or other'means if a meeting:is not practical. • `° ' Section 4: Quorum. Three(3) members of the~Executive Committee shall constitute a quorum ' . ~ " at any meeting of the Committee.. ' " ~" . ' :;. _ _ ; : • . ° ,Article VI ~ ". . ~ ,. ~ . ~ Committees :.. ." Section 1: Committees. The Board of Directors may, by resolution, provide for any and all ~~ r committees necessary for ,the propaer. conduct of the affairs of the Foundation.: ' Committees may also be established byahe President as he or she with the approval of, •, ~~ : , the Executive Committee deems desirable: The duties and responsibilities of each - ,, ~ . committee, not inconsistent with the By-laws, shall be fixed by~the Board of Directors °,. ' ~ " ~or'the Executive Committee. The President and the Director of Airlie Gardens shall _R ~ be' members ex: officio of each committee and` shall have the: power to vote. in ~ . . committee .meetings. 'All other members .shall be appointed. for certain terms .by the '` ' -~ ~~ ~ 'Board of Directors or by the Executive Committee acting for the Board. Vacancies :" shall be filled by, appointment.of the President for unexpired terms. - .. , ., ~ r Article V - ~ , ,.. . . . , . 3 :. Meetings of~the Foundation .- . :: ., s - ,, .Section 1: Regular Meetings. There shall be an Annual Meeting of the Foundation, to be held in the .fall' in Wilmington, .North Carolina, together with.. such additional meetings" as - °• the Board of Directors may. schedule: ' Section 2:~ Special Meetings. ,Special meetings of the Foundation may be called by a majority vote of the Board of Directors in any of its official•meetings. ' ~ - •, `~: " ' - Section 3: ~ Notice: .At least five• (5) days prior Ito" the date set., for any regular meeting of the"., ; . - - • , Foundation, notice of the time:,and place of such .:meeting shall be mailed to each • r'", , ~ • `.member of the Foundation., Such notice may. be made"through newsletters or other ~ . regular mailings. a . . .. -. ' . . , _ .. .~ 5 .- • ,. ~: ~~~.~~ ~~ m P: ~.~ ~ 483 a t _ .. . ,. . e •. a:~~... .._ . :.. ~ Article VIII Fiscal Year Section 1: Duration. The fiscal year of the Foundation shall be from July 1 through June 30 inclusive. Article IX Amendments Section 1: Method. These By-laws maybe amended, altered, or repealed by a recommendation of the Board of Directors. at any regular meeting or at• any special meeting (provided notice of the proposed change 'or amendment is given in the notice of such special meeting), with final appzoval by the New Hanover County Board of Commissioners. Approved by the Board of Directors of Airlie Gardens Foundation, Inc. on , 1999. .. Approved by the New Hanover .County Board of Commissioners on February 15, 1999. 84 .. . .., .~ .. -~ , . . ,. . ° ° , ,.. North Carolina State University is a land- 'College of Agricultur .,~ '_ ,-y-. , e and Life Sciencr :' ., ;, = ` ; grant university and a constituent institution Office of the Deari '. ' - - `' `' ' • '' of The~Uhi'versity of North Carolina ,. t L . ` s mpu Box 7601. " - - ' ., Raleigh, NC 27695-7601 ,. 919 515 2668 w . ..- .: , 919.575 6960 Ifax) , call dean®ncsu:edu ., , .June 1, :1999' . ~ " . ~ • ,. , . ~ ~._. . :: .. ~ • ~ .. . ,.. - • . Mr: W:i!lliain A.. Casten ~ '~ ; ; °. `. ~ .. ,. • ~ ~ . ~' -Chaini-tan, New Hanover-County $oard of Commissioners^ i ~ • :., `' ' 320 Chestnut,Street, Room 305 ,. ~ . -.. - • , 4 ,, ., ... .. Wil'`inin~ton NC 28401-4093 - - ~ . , ~, " ..: - - . . :. .. r 'Dear 1Vh-. Caster:. u.. ~ ' L~ ~ .. . ., .I' appreciate the tnvitattoil -to serve or appoint a designee to the Board. of Directors of the Airtie . ' - `Gardens'Foundatiot, Inc: The objective to develop a premier world class garden' facility and • , , 'education'cetter; is certainly. a laudable one and cotriplement5 our.own goal for the J. C. Raulstoti - ~.. ' ~. ~: Arbor"etuin: at N C::State University. ~ ~ ' ` ' ~` ~" I would like'to recoil mend Dr: Theodore "Ted" E: Bilderback fo be my designee: "Dr: Bilderback ' '_ ' `~: is a national'ly.known horticulturist with expertise in the ornaulental plants of this state. He is •" • ~ very.well respected by the nursery industry and is an essential resource for our instructional. and . , ` ' ..extension programs.:T believe he cati provide significant contributions to your Board. ,Contact ' "'- ,,.. - _ • ~,. information for Dr: Bilderbac(< follows' ` ~ ^" ` ~ - • Dt•: Ted E. Bi'Iderback _ ~ . ` ~ Department of Horticultural Science; Campus Box 7609 ` ,. "~ `' • ~ College of Agricultural and Life Sciences. ' . "' u ~. North.Carolilia State University ~, ~ , •. RaCei`li, NC 27695-7609. .. • . . .. , , ~,; email::Cecl. 'l3ilclei-back(c~ncsu.edu , ` . ,, .. -. . , _ ~}' ~ .Tetephoie: 919-515-1201 Fax: 919-515-7747 <~ r r. ° : -' .. - - .. , Y. ` : amen L. blinger ." : ., • ,. ;: - _ ' .. , ,. , . ~ .,,Dean , .y . ... ~ - . . - ,. P , `JLO/k . . c`c: ~ ,George T. $artlialmus .. .. ,: ^ . - - Jon F.~Ort . " . .. Johnny-.C- Wynne :. ~ ;, ~: • , .. Katie~B.-Pei•ry . • ,' ' • ~ Thoil~as J. Monaco e :. , •. ~ - - Theodore E. Bilderback: .. . ,° . _ . • . 85t . .. . , , ~, , , . ;. . ~ • . ~~ . -~-^ ~ ~ \~ Cape-F~~r. 4 m ~ ~ `~+ ~ ~ ~ ~ ~ ~ ®~ ~ ~i ~ OFFICE OF THE PRESIDENT ~/ g 411 North Front Street • Wilmington, North Carolina 28401-3993 Phone (910) 251-5101 • Fax (910) 251-5146 • httpa/cfcc.wilmington.net ~ -~. May 25, 1999 Bill Caster, Chairman I~Tew Hanover County Commission ; 320 chestnut Street, Room 305 Wilmington, NC 28401 ` . ~~ Dear Chairman Caster: It will be my pleasure to accept service on the Board of Directors of the Airlie Gardens Foundation, Inc.. I am excited about the restoration of Airlie Gardens and am~ confident that we can turn it into aworld-class garden.and education center that will surpass its former elegance. On a related note, the CFCC Board of Trustee's has approved a new'curriculum entitled Landscape Gardening. The curriculum has been forwarded to the State Board of Community Colleges for approval. In anticipation of that approval, 'we have already~advertised for a lead instructor for the program. Upon State Board approval, we will begin advertising the program to prospective students. I cannot imagine a more meaningful and satisfying real-world laboratory experience for students than they can realize in restoring/developing/enhancing/maintaining'the numerous special garden areas that once existed at Airlie. Several CFCC faculty and staff have already, met with Bruce Williams and toured some of the grounds as we begin assessing how several other programs at the College (Carpentry, Masonry, Architectural Technology, Environmental Science Technology, Electronics, etc.) can assist in restoring facilities for use by the Landscaping C*ardenin~ *~roararr± assist in the ongoiTlg development of t11P gardens, and/or de~.~elep special a r a---- ~ - educational sessions for various groups and the general public. We look forward to building the legacy of Airlie Gardens to new heights for many additional generations of New Hanover County residents and other visitors. Sincerely, Eric McKeithan President 86 Affirmative Action /Equal Opportunity Employer NEW HANOVER COUNTY BOARD OF COMM/SS/ONERS 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 ~~ FAX (9 101 34 1-4 130 '1 ,.,~~ ~ ';, ~ , ~; ' '`,j . Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. ,, ~ . Request for Appointment to: ,fj ! /~ L 1 C ~'"L ;:`~ C~~e / (G' ~,~ Name: `L~i ~~c ./' ~ ~~' d~ 12 L= LU Home // - Z'y~o~ How long have you been a Address: ~~CC! ~/2~.y ccK~-~S ~1 ~/~ , L'Ji ~~~ ~ ~p ~~-:? resident of New Hanover CountyT .~ ~~ Q ,'Llaiiing Address: Sit--vv~ ~„ ~/~. t~ City and State: Zip Code: ~ :~ ~ `f b-`• Telephone: Home: y~ / C Z-S ~> ~ ~~ ~ ~i Business: ~~ fey? e 'Sex: "Race: 'Age: 'This iir/ormetion is requested for the sole purpose of assuring that across-section of the community is appointed. r n ..Employed by~ ~~ 1 i' / ~ ~'~. ~~-~.L;~' L~}'"e'~'~"~``.~-~~.~ yCJ~C2~.l~r~ ~-~ ~L~ "A person currently employed by the agency or department for New Nangver County upon appointment, in accordance with A, Job Title: Piofessiorial Activities: ~ this application is made, mull resign his/her position with Vl, Sec. 4 0/ fhe New Hanover County Personne/Policy. ~, . ~ ,t,t ;; l2 i-', z rs ~ d.~Y~ -f - r'~1 ~k t c ` - U ., C~/cw ~vt-~-}--G'' c-~ L~~~~''-j~-- VolunteerActivities: C"/v i, ,~~,~; ,~j~; ~-~,,~;y~~! `, ~ f-f,~ y~-vrPu• ,~~~ i? Why do you w/}ish to serve o~n) the Board, Committee, or Commission requested? % ,i~.~d` ~z-~,~ (` ~L„-`f lam' ~ ~P.~v'7X~v~ii '7-n ~~ (~ Gt~'7`Yi c~~~~/'}~t.-C G~~.~(1~~-s-~ ~`~ L'Y.~r' % ~~y~'~LUi1~C`'- What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? ~~ ~v~- G' ~, .~ What areas of concern would~,/you like to s1ene~t-h~e Board, Committee, or Commission address? / /~GU~Cl.1i1'C-L1~-1'i. G~/l.~ ~' / ~!'~ ~r~Y ~Y~ '~K/ ~'a-U'~.y`f ~~~ i ~~ ~ :~ Are you currently serving on another board or committee appointed by a municipality or a county? /f so, p/ease list: Date: /Please use reverse side /or additional commenisl C% /~ `~~C~ Signature C ..(OVER) REFERENCES Please provide three local personal references: Name - Phone Number » ~~~~~~~ ~ ~~= ~ ~ spa ~G~ `~17~ ;, ~~ ,3, ~- .~ ~- 7 8V G' /~ y ~'Y~~~~l ~ clan-~^~~~~ CG~ - ' ~'~~ ~~ ~f ~ -~ ~ ~ ~~icL'7i(,~ r1 () L~ ~ I ,~ , G C-~ ~ (~ G ~~~ . ~~J~ L - 1 . ~, 1~.~-n~fYews h . i ~iAR-16-99 TUE 14:28 P O1 -- N~vv r~~nrov~R +cot~nrrr B0.4Rla 4F CpMlirN~SIC?NE~tS 32~ Chestnut Stress, Room 305 Wilmington, NC 28401 ~~t093 7afephone (970134?-7749 fAX (9 7 41 34 7-4 730 ' ~ AppGr;atiQn ~arAppointment to Boards, COntmitte®s, sand Commissions ~4ppoir~i~d by dhe New Hanover County Board of Camfrlissioners. Request {nr Appo>ntment xa: ~, { 72.~ 1. ~ .f%]1L~llh~~! (~~-~-' . Name: I~i~A~ ,/~,~ ~~1G~~~ _ Homo ~ Hnw land have you Been a Address: ~~9-~~ , jam, ~, _! ~ ~~~,~ i~sfdBnt of Naar Hanover Caun~yr - f "7' . Meiling .4 ddress: :~J~?h!~ ~, City and State: ~~ i ~,~~,~.~~`'~,`z~ ~1 ,tj)' , ~.. Zip Code: ~'~d Telephone: floma; ~ ~ ~1 ..~~~ ~I } "?'~ 8usines5: n1 ~v,~-~1 ~~]' __--- '38X: ~, "RacB: ~ ,)'~ •A~B: ~o '-7i~i InfOrIT~ICl9n lT mr7ue~ted far lha.9mla prlrpo.ta of assuring' fha! a tYaaa•adatiOn of !ha agmmunrty is eppalnfad. '-A Aersvn Currandy onyoloyad ky rho epency ar department far which this app/Isatton to made, must rarlg~ hlslhar paslilvrt wi rh Nqw Nanavo/ Ceunty upon appaintrna»t, irr aacordar+oo w/th Aitle~d Vl, .SAG• d o/ fha NsW Nanov-~r County Personnel Policy: Jab titre: ~ fi~;~ 7vt u d.l ; ~~ ~, f~}`~ i p ,mot ~ ~ -- ProfessionalActlvitiss:~1~~ yf'1°~m~:~,2„ J~ort~~ ..~,~lirv~} ~„~,~mx~l~~,.. ~~~'iE~'d~L ~ ~ ~, ._L., 1~olunteerAchwitiesl yt9.1 m IN~~1~~1 -P ~-s1~t~~ •~- Lca; 1 mrw'~~,---- .~~c~'~ ae~ ~~c,~~ -- ~.5 Why da you +~+rish to serve on the Board, Committee, ar Comm%ssion rgquasted~ ~ci L ~ ~ J \ ~'?i~ ~ k f r'~~ w'1 d 1 Ir'~l A ~ .A ,rt ~~ !'1 ..f „/ n j 1 .,1 rti r- 'Y1'1 f1 ~ n ,n r`C~'1-r1 .[1 r`P'r .~ ~ [' a doh ov eel ~J'L~G /~,~.1 ~.. Gj fLs°_~. ~ 5r~f-~.`-~-- i4r1r~. ~'t, T ~zj rte „ ~T y your qudlft7t:arians r servtn an a Bo~srd, Cvmrtt(tteC, nr omml sloe requested? ' What areas of concern would you /Ika to 3e@ the 8pard, Commlttee, or Commission eddr6ssi ~~.j, Are you currently saryir?r~ on 8nother board qr Committee, appointed by d ti7ur?iGi~b1/ty ar a county? (t so, ,q~ease list: Darel ~ 1(~ -49 /Pleas use ravnrse Bldo tar additional commontsl. Signafu _89. PiAR-18-'99 TUE 1428 e~~1lS~ Please provide three local personal references: !Name Phone JVumber ~. ~ ~-~,~~( post-It° Fax Note 7671 pate _ f ~, from T~ ~jj m1 ' s CodDept ' ~O' ----~- Ph°ne ~ of 1 t /YId.L'~' Phone $ ~,i,i.-~ P 02 V~ 90 • NEW HANO VER COUNTY BOARD OF COMM/SS/ONERS 320 Chestnut Street, Room 305 . Wilmington, NC 28401-4093 Telephone (9101 341-7149. _ FAX (9 101 34 1-4 130. ,. ~l - ,1 L U ,, `y I4 1 . ~, .,:~ App/icati'on for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request for Appointment to: ~c ,~ ~%'~ ~~,/`~~~ Fn v,~/~.¢~r` ~,,t/~~ . /~y,q-r~ O~ /J~~ec Name: ~/ o~''i/-~ ~A-N'o/~ L Z.ze /~ ~ - Home ~ /y~ How long have you been a Address: _ l ,3 3 ~' /, ~/e D/~-/~ ~n, `~! ~, resident of New Hanover County? 02 3 y~e.~`s Mailing Address: „~-fh. -~ City and State: ~ 7`1-j /'~ ~-o;,t/ ~{f(~ Zip Code: ~ ~ ~U. ~} Telephone: , Home: _ 9 /O ,~~j~ / ,3 SLg .Business: - g'/d ~ ei ~ 5" 7/Zj "Sex: /"e.~'Ll-a-~~ "Race: ~~.'~ "Age: Ste, 'This information is requested for the sole purpose of assuring that across-section of the community is appointed. „" "Emplo yed b y:. ~ c,Cs ~`,c% S s ~c~..t/E ~, - ,~~~ ~S 7~i ~/C~. ~l/ ~ ~~~~ `~ /'e ~~ _ "'A person. currently employed by the agency or department tar which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy, Job Title:" >~~eS~ ~e ti~ Professiohal Activities: 1/l~~ ~jP~ .~~/-f-~/a / es,c~„t/ ~~ C /~,.~_~~,S,a~itj,~~,~ ~~c~~37' Volunteer Activities: ~ :4~'/~~-4,r/- [~ ~.,Q/~„Q ~57~/` v .~.+~ e .-- ~/`pr~. ~~~. ~ ~.. /' e 5. 'd e.,trf' ~C - ~a.~a3.;S. ~qq i>'~'-1~~~,,0p,a..~y`~. e+tl~ ,~ a ~. ~d . af- .'/~c Why do you wish to serve on the Board, Committee, or Commisslort'request~d? ~~r /e,2~ ~`N7<~eRe 51`c ~ .~`~/ v ~~e D/`e se/'V~a-7~'~~ ,~ d 1~ ..~.,~/C~ ~•e ~u 7Ic/~^ G bn t° ~4 ci ^~/.~ ~',' C' ,9-~, `~.~/ o7C /~,' <)tz~ ~, ~ /~ 75`i'.e ~~G C.~.9-l~e.r~ - 9i1/ ~ :/ ya_. ~c1,Q. ~ ~~ .~-q c e~ What do you feel are your qualifications f r serving on the Board, Committee, or Commission requested? `~ L~ ~- ~~° Sr U N~ ~ ~ ~•4~r/~ /~./ i:vS,'S ~1 ~" ~y ~YI.¢.l: ~r,~, ~ ~S ~J.@. e /~ PA-~ri' i<5 /ham ~~_ '~/¢. ~4-7~ ~-~`,e /c ~ ~-~ ~.~A rn w~ ~//.',2c., 7-a U1b ~!~ ~ /».a/c ~ :S c~,e e. o ems C'A.~t/ e../fo5 What areas of concern would you like to. see the Bard, Committee, or Commission address? ._i'ev^v~' /Yd l o~/(co ri4 ~~...a~e-¢i~ ,~.4kt~ .~ -~ CA-~h c //~ ~s f cJ7` ~L.~...~ ~~~ .q._t/ .4m b~%4-r2. e. ~r Q. /~ ~. ~,¢,~c~e,,t/~ h-4-s /~/~ /mss h~ -1~i~ r',,~~..~~ i ><-.,o-ec ~ ss .¢b /e, ~-oe .?~~ c. fi r-~.v_~ Are you currently serving on another board or committee appoinby~ municipality or a county? if so, please list: ir/P~N . d~~ ~ ~ Date: ~- ~~-r9 ~ Signatur i ~ (P/ease use reverse side for additional comments! REFERENCES Please provide three local personal references: 71 21 31 Name ~ Phone Number .r/ ~o,b .6 ~~ ~ ~/ -02 7 .S-/ ~~ ~'-~~- ~' ~`~~" `~- ~~ ~ ~- C'am' ~ ~, ~ ~~ ~ ~~ ~ ~ ~ ~ ~ ,~- .~. ~- ~- ~.. 92 320 Chestnut Street, Room 305 Wilmington, NC 28401-4.093 Telephone (91 D) 341-71=19 F r ~ ~.. \•, ,~ ~:.:\ ,,: . FAX (910) 3=11-4130 .: Application for Appointment to Boards, Committees, and Commissions ' Appointed by the New Hanover County Board of Commissioner(s~'. , F , Request for,Appointmen(to: ~ l-I ~ t'~~ Q ~~r~QI~S. I-G~-~1""~-' /G ~' -J-~ • ^~'val~ G-1' ~i /2 c~~lr'S ' Name: ~ypn ~~rb~~~ ~V~ShQ~ Ki (~l~ ' How long have you been a resident of New Hanover County? 3~ 2C' e /CI 7 c2-- (,l ~ t1 eQtS~ . Home Address: a I G i~~t~ 5 ~c v~ w~ v e, . Mailing Address: ~ ' City and State; wt ~ wC'i Yt G~TGK~ i ~ C Zip Code: o~-~`f' J J ± ~ Telephone: Home: ~ JG - ~0 0 ~o' 1 J a.`fi' Business: ~ I G - a ~JCo - a a 3 1 *Sex: -'e~~.l e, *Race: ,QJ~~1-~'e *Age: '~~ *This information is requested for the sole purpose of assuring that across-section of the community is appointed. **Employed by:I' /~ ~ ~ ' iettl~rA(,In I tn~ ~t„~ ~11vo.e KP.SC+f~"-~riG~.+Svil~e~e4~~ - i I NEW HANOVER COUNTY BOARD OF COMMISSIONERS **A person currently employed by the agency or department for which this application is made, must resign his/her position witH New Hanover County upon appointment, in accordance with Article ~I, Sec. =F of the New Hanover Countv Personnel Policy. Job Title: . ~iveC';~cr c-~ ~~-~-eYirta °r Vlll.e~rtci ~erv- ce5 Professional Activities: 1'~`eQ,~'InC~ ID-'Crl'eSS~~C~CLCS .~..Yif ~ PCcs~ ~/tls~(,udrl,l UGCt+~GI. ~Q~~e/ UJX~G~Lt5U1~~e lK?~ Volunteer Activities: CPv-4-'~-}iPG~ VUIG.S-t~e/ lrCe,r~Ker i~ ~ CG JavbG~¢-~-~:w~.' ~Cc.s~'er ~.,~c~ner f~"SSG~,:} ~n evldS o~ ~ ~ r 1; c Ga. S Why da you wish to serve on the Board, Committee, or Commission requested? I~ s a C e+r-~~~ ec~ !~Ul~ der C~~rd.e~.eT~ ~tti~P ~ s4Y~~e~, ~~ x,-I-er Q s~- ~ v~. +e s-~.b l~ s~~; -~ G ~- ~1~ e. C~Y~~S ~5 ~. ~c~~c,~. ve,~cr~-~, -~ e; I ,1U c~~~-~-U see c~~e ~ ~~' ~~-~,~~ v~G ~ Cie v~evCv~-~~c~,s -}z ec+~vt e . Wh t do y ai feel are your qualifications for serving on the Board, Committee, or. Commission requested? 93 .1 oft 5/23/99 10:52 Ai X. J~ev ~ e weed. i -ti., s e rv i n a c vl. 4 rem bG4Vd..5 `i'-~-e d.2 G~., C~f-~' c ~ C,,n~ Ccwc.~; ~c~ Ve ~~ v~c~.. ~ evv•ce wled e ~ erc-f ~ o s c.nc~ Gr ~,~ 'c~.a-~ ~C~.r~S,f ~er~e,~Cec~. ~w ,1o~.r~~S,nG~Set~•;n~~4c~evr~~ ~GGL prcw~c-firl~cbje~~S hat areas o con ern would you like to see the Board, Comrh ttee, or Co mission address. t ~ c G~ev21 cp `~'k.e ~4rd.e ~.s ~ vt;-tr ~ c~~ (cC- r¢~ccvuL-~~~ ~ i,~u ~s cve I I G-S ~, u e ~ ~c.~- ~ c ~ ~G ( .~c ~ re s. cQ-e,~~s c.~~ u ~ s ~-~-cr ~ Are you curr//e}}ntly serv-in~g on another board or committee appointed by-a municipality or a county? If so, please list: ~ 5 ' l~4- Q f-e4 ~ ~G~-~-~ ~C~U/ Q ~ i G r<-~~'1-. ~ S i~'C V 5 (.~ r G. cc., ~ ~. P 1~ e~(' , Date: ~1 °2 y c1 ~ Signature .f. G/LC<. ~!G,tc) REFERENCES: Please provide three local personal references: Name Phone Number 1. c. vt,~~e w~l~i~5 ~ ~~~ 35a`~3~3 3. ~bb~r ~ ~~nd~>ti ~ ~~~- asp - ~~G3 94 5/23/99 10:2 An 2 oft Barbara Bradshaw Kidd . Bay}•hore E~•tates ~ 210 Bayshare Driz~e • 6Y/ilmington, 1VC 28411 • Telephone (910) 686-112 - PROFESSIONAL SUMMARY .' Business Experience ,; DIRECTOR OF CATERING & MEETING SERVICES 1998-Present First Carolina Management, Inc., d/b/a Holidav Inn SunSpree Resort,:Wrightsville Beach, NC • Promoted from previous position; responsible for the overall operation of the Catering and ivleeting Services Depart- ment at the new SunSpree Resort (opening Summer 1999) to include setting goals and objectives, staffing and train- irg, budgeting, sales reporting and evaluations. Responsible for developing and directing catering sales & meeting services 'in order to achieve maximum revenue and profitability potential for the hotel, while also promoting com- plete guest satisfaction. Pre-opening hotel responsibilities to include the selling of Euture group rooms/meeting space, assist in developing of the new hotel's marketing plan, and market-hotel at trade ~c business shows. .CONVENTION SERVICES & MARKETING MANAGER 1989-1997 First Carolina Management, Inc., d/b/a Holiday Inn SunSpree Resort, Wrightsville Beach, NC Responsible Eor selling of the hotel's guestrooms and meeting space to include contract negotiation, pricing policies, on-site client tours, trade shows, telemarketing. and in person sales calls to clients in feeder market cities. -farketing, development and computer design of promotional collateral. for service outlets of the resort. Liaison for community and media relations, trade agreements. ,Assist in the development of newspaper and radio advertising. ' • Created and published hotel marketing materials (for food & beverage outlets, children's programs; recreational activities, hotel mascot, in house information boards, etc.) which increased market penetration at all levels. ~ ~ • Assist in the development of the new hotel marketing plan for the SunSpree Report concept, which resulted in ~ ~ thehotel being :awarded the 1996 Quality Excellence and Modernization Awards by Holiday Inn Worldwide. . ~ • Successfully negotiated hotel sponsorships to enhance hotel's image in community to include University of North ! Carolina-Wilmington Athletics, Dallas Cowboys Cheerleaders, Landfall Legends of Tennis Tournament, and ~ American Heart Association. • , y - • Accredited as a "Meeting Specialist"by Holiday Inn Worldwide in 1994. • Sales Award in 199?, 1993, and 1995 for achieving forecasted goals and increased sales. ~ • • Sales Department awarded Comrriitment to Excellence Award in 1994 & 1996. Q ~, i Barbara Bradshaw Kidd Page 2 DIRECTOR OF SALES Holiday Inn Corporation, Southeastern Mid-Atlantic Region, Lumberton, N.C. 1986-1988 Responsible for the total sales effort of the hotel to include the selling ofrooms/meeting-banquet space. Creation of marketing promotions and packages. Effective hotel promotions at major feeder market cities and trade shows to generate group rooms business throughout tke southeastern• mid-atlantic region. • Established and launched successful sales department For the Lumberton hotel which resulted in a 40% increase in hotel rooms bookings and banquet sales from 1987-1988. • Recipient of 1987 award for Best Improved Guest Relations by Holiday Inn Worldwide. BANKING REPRESENTIVE United Carolina Bank 1978-1983 Head teller for line operation. assisted manager with branch security and operations. • Awarded Teller Excellency awards in 1980, 1981, and 198? for, achieving sales goals of 100% plus. • Branch awarded "E'xcellent"rating upon 1983 audit. - COMPANY SPONSORED PROFESSIONAL TRAINING - Interaction Management • Professional Selling • Power Communication Skills Telemarketing • Operations & ;Marketing • Designing Eye Catching Brochures & Ads Principles of Banking • Law and Banking Accredited Meeting Specialist PROFESSIONAL AFFILIATIONS Cape Fear Coast ' Convention & Visitors Bureau Board Member, 1998-Present ~. . MPI (Meeting Professionals International) Member 1996-Present Greater Wilmington Chamber of Commerce Wrightsville Beach Chamber of Commerce Ex-O~icio Board Member 199=1 President ~ Executive Direitor, 199 ' Board [l~lember 1993-1998 National Network of Women in Sales 6['/ilmington Chapter Vice President, 1990 9 ~ EDUCATION Graduate, Vliami Palmetto, 197? Miami, Florida NEW HANOVER COUNTY ,,`~:, BOARD OF COMM/SS/ONERS `` ~^~~ ~ 320 Chestnut Street, Room 305 Wilmington, NC 28401-4093 Telephone (9101 341-7149 FAX (9 101 34 1-4 130 App/ication for Appointment to Boards,, Committees, and Commissions Appointed by the New Hanover County Board.of Commissioners. Request for Appointment to: ~ /R~ IC' ~DGf~Uf} ~"/D/~ Name: ~S-fE.G ~. ~ ~, ~ `c- Home ~ How long have you been a_ Address: _10~ D S GRc'r4T D.4,~s ~R resident of New Hanover County? -~ Mailing Address: S'~ .~-; ~ 'City and State: 1/l/, ~ n~ i ry~y-r~icJ ,U C___. Zip Code: v2 g~L45' Te%ephone: Home: _ ~/o -a S6 -S~s~~' Business: --- "Sex: ~' ~ "Race: ~ _ "Age: (~ 'This information is requested for the sole purpose of assuring that across-section of the community is appointed. "Employed bY: _~ ~- ~i~_.,-~ "A person currently emp/oyedby the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Job Title: N ~,g Professional.Activities: 1JtREC7-o,~ r C~~J,(, .~ (,y,g~,y-'~/',q, ~~. UI-~ ~Qo.4,2~5 o F; Volunteer Activities: ,~.7~ ~, ~~ y~,l~s Fd~. - LI,U~ /~Er9~,G7'~d G'r9~PE~.~it1G F,QEC ,tscc.~J -,~/~ ~~,yp~,~, . (,[/uct..~ FvulV(~1~~2oN - LIJUGW SG.s~tNwK CL4/3 : ~t~Mt3c'r2 C9mtRcN Sc~. o f B4srti.~ss Why do you wish to serve on the Board, Committee, or Commission requested? ^ ~:cEC Gov uGJ'~~~ ~~ -~ _, What do you feel are your q alificatiotr4-~ for serving on the Board, Committee, or Commission requested? =r~ ~~~~ _ ate, What areas of concern would you like to see the ard, Committee, r Commissi ad s? ~ . Aso o ~ w ~ ~.~. ~,u ~~ ~ ~ (~f ~ . . Are you currently~ivtng on another oard or committee appointed by a music alit r a county? if so, please list: Date: _!~ - ll~ - / ~/ Signatur~~f~~ ~, J (Please use reverse side for additional comments) ~~~ REFERENCES Please provide three local personal references: Name Phone Number 2) Gco~e~ c- ~ k ~~ EE 7T 63_ 3 0 3) ~~ N/~N N1 ~RE.s~ll r/ ~ 76 02 7a 6 ~' r G_- ~- ~- ~ 98 J • - ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS . 320 Chestnict Street, Room 305 ' • Wilmington, NC 28401-4093 • Telephone (910) 34I-7149 , • FAX (910) 341-4130 , Application for Appointment to Boards; Committees, and Commissions • Appointed b/y]] the New Hanover County Board of Commissioners. Request for Appointment to: /Eti,C~~E ~OJNDA-T%o~ ~e~ • How long have you been a resident of New Hanover County? ~G~LS ' Home Address: - Mailing Address: 11 City and State: GCJ . ClYri r/7~o.J ~ ~, Zip Code: 02$~ /'Z • Telephone: Home: ~ t 3 - 1.31 Z Business:: ~.T~i.e6D - ~Xxn.J ~. ~'k-- ' *Ser: /~/~ *Race: Gl1 *Age: (~ *This information is requested for the sole purpose of assuring that across-section of the community is appointed. _ **Employed by: ' **A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon•appoinbnent, in accordance withA'rticle VI, Sec. 4 of the New Hanover County Pe'rsonneZ Policy. .Job Title: ~ ' - - Professional Activities:' // Volunteer Activities:~RES~.oW~ ~c~~~MOr /~£,qfL l~frsra,e:c.rL ~oci. ' ~.45T Jxdt~'io~r.JT - C11:~;./~l~a.J~.''.ajo~ ~lri9~.~ t Why do you wish to serve on the Board, Committee, or Commission requested? t QISV~ tSU~~,1 . - ~ 1999 What do you feel are your qualifications for serving on the Board, Committee, or Commission reguested'~ ~ ~ ~ . ~ ~. J ~. ~ . I •. • i. . What areas of concern would you like to see t/he BAoard, Com/m~ittee, or Commission address? T /yl~c .~UG~ }~.a-~- ~Ef-1.ej.~ C~,~,eDc.~.~ vr~~~~- ~E ~-tv,NA,«,ea o~ Es~lC,o,~scr eta- cs ~ 6 M ~6 /~A~cD Are you currently serving on another board or committee appointed by a municipality or a county? If so, please list: Date: ~/z+~9 S' Signature REFERENCES: Please provide three local personal references: Name Phone Number 1. ~~ ~ ~~yc~ l~,~C,,~,~ ~,s~Z - ~ 393 3. .. 100 :~ • NEW HANOVER COUNTY R• ARD OF COMMISSIONERS ~ .~y~y~ _ O .~ ,~ - 320 Chestnut Street, Room 305 - • Wilmington, NC 28401=4093 • Telephone (910) 341-7149 - FAX (91 D) 341-4130 Application for Appointment to Boards, Committees, and Commissions . Appointed by the New Hanover County Board of Commissioners. _ Request for Appointment to: _~ ~ ~ `~~-' ~~ v ~~ ~' "~ ~' " Lx)" " ~~~ • Name: ~ ~ ~ Y ~.~d-~ L.. l I V N How long have you been a resident of New Hanover County? 4 ~ `~ . Home Address: C ~ ~,~, b ~~~d ~ ~, ~ 1 V ~U,`j + "~ M ~ ing Address: 1,~~~ S (I 1 rU l Ci and State: Zip Code: ty Telephone: Home: `~D ~~ ~ ~~ ~ Busines~--tD~ (`~1~ ~Sc~ ~ ~t J,~ `L1^ "1 ~ ~ ~ • ~. `,~r 33 *Sex: ~ ~'P ~_~ _ *Race: VT~I~ *Age: *This information is requested for the sole pur`ponse,~of assurin'jg't~hat a cross-seciion of the community is appointed. **Employed by: - ~ 1 l t ,-p ~f~-~G ~ ~1-~G ~G N **A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the New. Hanover County Personnel .. Policy. , Job Title: ~~~~~~~ ~ ' ~ ~ ~ ~ ~ I ~ 1iL~ • ~~ '~ ~~.~~..t ! y r ~l ~7~~ ' ,n t-.. c C{ Y~Ir-i ~ Professional Activities: ~-~ {Jirv~ S ~ `f Volunteer Activities:. 1 l G 1~ ~ , Why do you wish to serve on the Board, Committee, or Commission requested? ~ ~ ~1 I; -~ e.~. ~~ 1 ~- e~ C-~a-r~dens What~d~yocc fee are your qualifica ions or servcng on the Board, Committee, or Comm~sion requeste ~i •. r,n , t" _ n ~~ rn,en l e' j . ,.fir{~~ as are In,;~-~r~G ~-derl. ~~j , , ~;es~ce ~r~ t~~. ~,~C. ~ . " rner.~' ~ ~" ~~ r~ 6~ ~' 1~~ (b1o b~ i ~ ~ lS~ c{~v ~ o~ S 8m e a, ~ l,s k~ ~ s n ~4- a ~a-4,Ue- ~ l n~~-~5~n ~, ~ Q G,~ ~\ . ~^ ~ W V ` ~~ ~ ~ .+ ~' ~ y..A Jv .i .` ~ ~ ~ v --Y W I (y I p'~ 7. ~ c.~ v, p .. ~ a-~e.d -40 .~'~^.e- G~~ec~ ~ ~ l ~~ e~ -~ arZ~er ~. s ~ a r I d - (' 1z~ ~~ ~~~ ~ ~~ ~'G ~ 1 ~ ~ k~ . ~ o~ ~~. ~ a~ G fed l What areas of concern would you'like to see the Board, Committee, or Commission address? ~~ ~ ~s -- V Date: ~ ~ 1 ~Y 1 i Signature REFERENCES: Please provide three local personal references: Name ' 1~11~-k Coy befit- Phone Number ~~~-a~~t ~ ~~ ~,rv ~- ~ x 102 Y ~ . /`\ l should also like to recommend .Katherine Rhett Fox who has lived ' next-door to Airlie,all of her life,.. and: who knows much about the history of the place. ~~ C ,~ NEW HANOVER COUNTY ' BOARD OF COMMISSIONERS 1 a ~y~~ - - ~ ~ `` \~ {\\ 320 Chestnut Street, Room 305 ' " Wilmington, NC 28401-4093 Telephone (910) 341-7149 ' FAX (910) 341-4130 Application forAppointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request for Appointment to: AIRLIE GARDENS FO TNDATTON ` Name: CATHERINE HARPER RUSSELL STRIBLING How long have you been a resident of New Hanover County? 1 i f e~time 'Home Address: 1304 Indez~PndPn~e Rlvr~ w; lm;nai-ten ~Rnn~ . Mailing Address: same as above ~ - • City and State: Zip Code: ' Telephone: Home: 910 - 7 6 3 - 513 6 Business: ' *Sex: Fema 1 e *Race: wh i t P ~ *Age:71 *This information is requested for the sole purpose of assuring that across-section of the community is appointed. **Employed by: retired from the University of North Carolina **A person currently employed by the agency or department for which this application is made, must resign his/her position with 1Jew Hanover County upon appointment,. in accorda,-ece with Article VI, Sec. T of the New Hanover Co:~nty Personnel Policy. , Job Title: L~ Professional Activities: ~' Volunteer Activities: Lower Cape Fear Historical Society vice president ' Why do you wish to serve on the Board, Committee, or Commission requested? ' ~~ I have been working with the committee to plan the opening of Airlie { and would like to pursue this further. I Whafdo you feel are your qualifications for serving on the Board, Committee, or Commission requested? - . As a native Wilmingtonian I think I can add something to t~eo~ ~ information that the Foundation needs. ' i 1 ~ .. _''` ) What areas of concern would you like to see the Board, Committee, or Commission address? The history of th 7on s family., i-ha Wright and Bradley families who started Airlie,~ to provide this information fnr f„t-t,rP generations. Are you currently serving on another board or committee appointed by a municipality or a county? If so, please list: NO Date: 4 / 14 / 9 9 Signature REFERENCES: Please provide three local personal references: Name 1• Bob Martens 2• The Rev. John J._Ormond Phone Number 313-1312 791-4022 3• Cathy Myerow,~Director Lower Cape Fear Historical Society 762-0492 104 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~~ REQUEST FOR BOARD ACTION Meetin Date: 06/21/99 , 9 ,Regular Item #: 13 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell ' - SUBJECT: Committee Appointments BRIEF SUMMARY: _ ' ~ Vacancies exist on the following boards and Committees: ABC Board - 2 ose~ -G"p''r, Dr, l-~~ouiard AcYntiis-~eo~.al Adult Care Home Community Advisory Committee _ q aP~s Airport Authority - ~art~s C-,. r;.~{;,n ~ -7r• Rl iZosew~~ Cape Fear Coast Convention & Visitors Bureau . {(;~ , i3~eif' CFCC Board of Trustees _~ ~'°bb`t ~~PP`~ ~~ Fire Commission Board ~ i `~ ~~~ Jury Commission. ~ ~`~"~ Museum Board of Trustees = l-ow 5 [~rxcy~ J r. ~ '~~. l~ac,~e.r. ~ Carol 7acttiocn~Ta.K~/ t`'~~tei', ~ °~'nTh'4' Nursing Home Commuriity Advisory Committee ~ ~Vts . c"~aviy ~ 1'3mck~ Soho ~ pbrv}f~.i BryaK,~..~r.'cia "Parks and Recreation Advisory Board ~+ Social Services Board Cor~xw. -Fvr uJr+~n. - Pad T~~ ,- ~ , RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments . FUNDING SOURCE: ' ATTACHMENTS: Committee Information Sheets and Applications are voluminous and are furnished under separate cover ITEM DOES NOT REQUIRE REVIEW I ~ - ~ COUNTY MANAGER' TS AND RECOMMENDATIONS: ~ Make appointments. I COMMISSIONERS' ACTIONSICOMMENTS: r COUMY COMMISSIQNF.~ ~, APPROVED D i ~~~ ~" Rl~1EGTED ,_; ~~,,~~~~qq~~gg~~ 10 5 . '+C7A ire ..~_W:I Z'~~~uy~ ~ . '' ' +7 COMMITTEE APPOINTMENTS ABC BOARD 1. APPOINT 1 MEMBER TO THREE-YEAR TERM 2. APPOINTMENT OF CHAIRMAN . ~ .. .. .. w; - ~ ~ ~ ELIGIBLE FOR. APPLICANTS: ,. ,REAPPOINTMENT . _ ~ , ,, . ,Joyce Bass, Binkley F ;; ,~,: -; ~ ' --~ Christy ~L. Frariklin John .Jester Kenneth J. McGee Barbara Schwartz Attachments: Committee Information Sheets Applications a ~- ~ ~~~~~~~ 106 ~ ~~:.~~~k.~ ~~ ~~ :~ ~, «. ., ~zr,.~1,r. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 Regular Item #: 13 Estimated Time: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and Committees: r ~~ - o ~ U ABC Board - Roseman° Dr. Armistead ` o~ ~ /Adult Care Home Community Advisory Committee - 9 applicants appointed `~ -~ vJ ~ vAirport Authority -Roseman, Griffin ~' !.. ~ ,~Cepe Fear Coast Convention & Visitors Bureau -King, Bender ~~ ~~ CFCC Board of Trustees- Rippy - ~~~t-'i-'S r-c~ ~~ -~'-~,liFire Commission Board -Postponed v Jury Commission -Postponed ~-Museum Board of Trustees -Burney, Hooper, Carol Jackson, Tanky Meyers, John Thurson /Nursing Home Community Advisory Committee -Davis, Brock, Sebo, Br-yan vParks and Recreation Advisory Board -Medlin, Spain Social Services Board -Tom-Arthur'(1•t~ ~ S C Commission for Women -Pat Tate RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments FUNDING SOURCE: ATTACHMENTS: Committee Information Sheets and Applications are voluminous and are furnished under separate cover - L ITEM DOES NO.T REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Make appointments. COMMISSIONERS' ACTIONS/COMMENTS: Approved j ~~ COMMITTEE APPOINTMENTS ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE 9 VACANCIES Terms: One year initially, 3-year terms thereafter APPLICANTS: Jewell Ann Diehn Judith M. Foley Lois Fox ~`"~~~ Dorothy L. Grime . Sharon 0. Lee ~~~_ / , Sandra R. Privette ~~( Michael W. Rogers ~-y Richard I. Salwitz Doris Lancaster Thompson ELIGIBLE FOR REAPPOINTMENT X X X X X Attachments: Committee Information Sheets Applications COMMITTEE APPOINTMENTS AIRPORT AUTHORITY 2 VACANCIES APPLICANTS: C Parks L Griffin William (Bill) F. Jones Harold B. King Dana E. Page m D'Polhemus ~~ Rn___ s___Pman, DDS (4 year term) ELIGIBLE FOR REAPPOINTMENT X - --_~_~ X ~` Attachments: Committee Information Sheets Applications COMMITTEE APPOINTMENTS CAPE FEAR COAST CONVENTION & VISITORS BUREAU 2 VACANCIES Categories: At-Large Marketing Advertising, & Public Relations Professional APPLICANT: At-Large: Gunars "Gus" Apsitis Jeff Aydelette Joyce Bass Binkley Kay Coats Millie S. Elledge S die Ann Hood Chuck ang ey Marketing, Advertising, & Public Relations: -Mi <e Bender Eligible for Reappointment Attachments: Committee Information Sheets Applications COMMITTEE APPOINTMENTS MUSEUM BOARD~OF TRUSTEES 5 VACANCIES PPLICANTS: ELIGIBLE FOR REAPPOINTMENT Christina L. Adams Dianne . Burney, X Ann Co W.- er - y~~ X Carole Benton Jacks ~_ L. "Tank ." ~~~ Sandy Moskowitz X John Sife~ X Russell Stribli Virginia C. Woodruff Attachments: Committee Information Sheets Applications COMMITTEE APPOINTMENTS NURSING HOME COMMUNITY ADVISORY COMMITTEE 6 VACANCIES Terms: One year initially, 3-year terms thereafter APPLICANTS: fat er~ine_R~D Judith M: Foley Lane Grime Brine W. Morgan en R. Roberts n B_Rock~---__. Patricia G. Spear ELIGIBLE FOR REAPPOINTMENT X X ---_.. _-X ADMINISTRATORS' NOMINEES None Attachments: Committee Information Sheets Applications ,\ COMMITTEE APPOINTMENTS PARKS AND RECREATION ADVISORY BOARD 2 VACANCIES -THREE-YEAR TERMS ELIGIBLE FOR APPLICANTS: REAPPOINTMENT William H. Best, Jr. ar -James H. Medlin, Jr. X red Spain X Attachments: Committee Information Sheets . Applications MEETING OF THE WATER AND SEWER DISTRICT NEW HANOVER COUNTY LIBRARY ~~f 201 CHESTNUT STREET, 2°d FLOOR MEETING ROOM .WILMINGTON, NC June 21, 1999 9:00 A.M. ITEMS OF BUSINESS ,,o, . ( ~1 1. NON-AGENDA ITEMS (limit three minutes) 2. Award survey contract #99-0401 Arnold W. Carson, RLSPC Brierwood/Brierwood/Brookfield/Weaver Acres/Glynwood Mobile Home Park and approve associated budget amendment #99-0193w 3. Consideration of approval of change order number three (3)- Heath ,Construction contract #98-0176 4. Approval to apply for an Unsewered Communities Grant and if awarded authorize the Chairman to execute all associated documents 5. Consideration of Fiscal Year 1999-2000 Budget Ordinance for the New Hanover County Water and Sewer District 6. Approval of Water and Sewer rate changes 7. .Award of Bid #99-0356 and approval of contract #99-0356 for the purchase of generators ADJOURN PAGE NO. 107 109 113 117 119 121 127 107 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 Budget Amendment DEPARTMENT: Water & Sewer District: Sewer Operating Fund/Water 8~ Sewer Engineering BUDGET AMENDMENT #: 99-0192 ADJUSTMENT DEBIT CREDIT Sewer Operating Fund: Appropriated Fund Balance .. ~ $75,000 Water & Sewer Engineering: ' Contracted Services $75,000 EXPLANATION: To appropriate Water & Sewer fund balance for change order #3 of contract #98-0176 with Health Construction. APPROVAL STATUS: To be approved by Board Of Commissioners ' r COUNTY COMMISSION~~ REJECTED ~^ ~~`J~~ 114 Poi ~-~o ~~~~} ®A~. ~ _ ~~-~c ~a~ J •CHANGE ORDER ~ ° ,/a~ ,~ ~ Uu NEW HANOVER COUNTY I~BER ___Three=(3) CONTRACT # : 98-0176 ~ . DATE: June 9, .1999 CONTRACTOR __~eath ~o~_t~ction...__....__...__.__...._._.._.._._..._._._ARCH./ENG__New_ Hanover__Coun~___..__._.______..._.._...__._..._...._.._.. _. The Contractor is directed to make the following changes. in this Contract Description : ~ ~ ' • Increase rnimber of taps and emergency repairs $ 75,000.00 TOTAL COST: $ 75,000.00 ~ _ (ORIGINAL CONTRACT SUM: ~ 91 ,~00 NET CHANGE BY PREVIOUS CHANGE ORDERS No..Q"L to NoO~ : $ ~ , 445.00 ~NTRACT SUM PRIOR TO THIS CHANGE ORDER WAS : ~ TI-i1-CONTRACT SUM WILL' BE INCREASED DE6•R~,46L-0 U~P}6H-0 BY THIS CHANGE ORDER: ( >( >( ) ~ 75, 000.00 THE NEW CONTRACT SUM INCLUDING THIS CHANGE ORDER WILL BE: $ 168, 345.00 THE CONTRACT TIME WILL BE (INCREASED)(DECREASED)(UNCHANGED} BY : NA DAYS THE DATE OF SUBSTANTIAL COMPLETION THEREFORE IS : NA RECOMMENDED: ~ ACCEPTED: APPROVED: ARCHITECT/ENGINEER CONTRACTOR ~T~i ~~.OVFiR COUNTY HE~TH CONSTRUCTION . ¢evs ~ 'zvn~omzeas~ ~ ~~,~--- NEW HANOVER COUNTY wvrnoe¢tvsremcrv~ ------ THIS SPACE FOR COUNTY USE APPROVED ASTO FORM ' I~CONTINGENCY ACCOUNT # : 800-470-4197-3700 COUNTY ATTORNEY BALANCE PRIOR TO THIS CHANGE ORDER THIS INSTRUMENT HAS BEEN PRE-AUDITED I MANNER REQUIRED BY THE LOCAL AMOUNT OF THIS CHANGE ORDER %NMENT AND FISCAL CONTROL ACT. • 115 iICONTWGENCY ACCOUNT BALANCE s ` ,. .FINANCE DIRECTOR ?CHANGE ORDER PERCENTAGE FOR THIS CONTRACT : 83 ~~p [This page intentionally left blank] 116 ~, ~, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 Water & Sewer Item #: 4 Estimated Time: Page Number: - Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard .SUBJECT: Request for Permission to Apply for An Unsewered Communities Grant BRIEF SUMMARY: Staff is requesting permission to make application for grants for the Wilmington-Hanby Beach and Castle - Hayne. area sewer systems. The Unsewered Communities Program, administered by the Rural Center,. has money available. The chance of obtaining money for one or both of the areas is slim, but it is worth pursuing. In order to proceed, permission .must be granted by the Commissioners. There is $55,000,000 available statewide with a maximum of $3,000,000 per project. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that permission is granted to apply for the Unsewered Communities grants with authorization granted for the Chairman to execute all necessary documents. FUNDING SOURCE: NA - . ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N1A' COUNTY MANAGER'S CO TS AND RECOMMENDATIONS: Recommend appro -' COMMISSIONERS' ACTIO S/COMMENTS: COUNTY COMMIS'StONt~$ APPROVED REJECTED o ~ ~~} 117 REMOVED p ,~ POSTPONED p - HEARp ~~ ( ~-y - ®ATE ~~-Z_I_~~~-~~OGt.K~ [This page intentionally left blank] rp ~ ^1n~~ ~~~ji ~~.~~. i..,,./~,s.,,,,~~lrtlu~ 1 ~ ~ ~ ~ ~~t'~:r,`'~40 C~ C1~~:~'.':~~~1 ® ~~V,\P "1 i .. ~1~~3~ r . ~~..~ ~~ ~, NEW HANOVER COUNTY BOARD OF COMMISSIONERS t REQUEST FOR BOARDACTION • Meeting Date: 06/21/99 '. Water & Sewer Item #:, 5 Estimated Time: Page Number: Department: County Manager .Presenter: Allen O'Neal Contact: Allen O'Neal, County Manager SUBJECT: _ ~ - Fiscal Year 1999-2000 Budget Ordinance for the New Hanover County Water and Sewer District. BRIEF SUMMARY: ' .Consideration of the fiscal year 1999-2000.budget ordinance for the New Hanover County Water and Sewer District. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommended that the Board of Commissioners adopt the fiscal. year 1999-2000 budget ordinance. 'FUNDING'SOURCE: ' ATTACHMENTS: REVIEWED BY: .. LEGAL: Approve FINANCE: Approve BUDGET: Approve .HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: .. Consider adoption of FY1999-2000 budget ordinance for the Water.and Dewer District. •COMMISSIONERS' ACTIONS/COMMENTS: ' COUiVTY COMMI~IDN~' " APPROVED G~~ REJECTED D REMOVED ^ ~.. - ~~TPONED D D ~u~~~ ~ .. - _. F~ [This page intentionally left blank] ") ,~ >> ~ ~ ~rnrg~ ~~~° ~d ~~V~"YW 12 0 r~ ~~~~ ®~~~~~~ . ~~~~ ~i~~ • ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 Water & Sewer Item #: 6 Estimated Time: -Page Number: - - Department: Water & Sewer District Presenter: Bruce Shell, Finance Director . Contact: Bruce Shell SUBJECT: Water and Sewer Rate Changes • BRIEF SUMMARY: The County has not raised rates for water or sewer since 1991. After comparing rates in various counties and cities, we recommend rates as shown in the attached rate schedules. • ; The new rates should generate an additional $100,000 in water revenues and an additional $1;000,000 in sewer revenues per year. ` The water rate will average $1.87 per 1,000 gallons and sewer rates will average $3.64 per 1,000 gallons. • • ~ RECOMMENDED MOTION AND REQUESTED ACTIONS: .Approve the increase in water and sewer rates as detailed, effective.July 1, 1999. FUNDING SOURCE: ATTACHMENTS: WPWin 6.1 REVIEWED BY: .~. LEGAL: NIA FINAN :Approve BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER' MENTS AND RECOMMENDATIONS: •' ,, • Recommend appr - • I - COMMISSIONERS' ACTIONSICOMMENTS: - . I • _. I . I i rCOUhiTY COMMI~SION~~ `. - ~ APPROVED C'v~ REJECTED ^ ~ ~ ~ . REMOVED p ~ . POSTPONED D iiEARD p ' ~II~E .~.~Q.-~~~--~ta ~Gt~~ Ii V I. AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS. The Board of Commissioners ofNew Hanover County, North Carolina, does hereby ordain that Chapter 15, Water Supply System, Article II, Wastewater Collection and Treatment, of the New Hanover County Code, is hereby amended as follows: Sec. 15-124. Specific Fees. (b) Basic User Charges (User Fees): User fees consist of the sum of fixed fee plus gallonage rate as follows: (1) Residential bi-monthly (single family): a. Metered rate option: The metered rate option is applicable to 5/8" and 3/4" water meter sizes. . ~ Sewer flllowance Minimum Rate per (gallons/ Bi-monthly Fixed Fee ~ I,000 gallons bi-monthly) Sewer Charge $16.50 $2.70 5,000 ~ $30.00 b. Flat rate option: Bi-monthly flat rate of $52.00 with a maximum of four (4) bedrooms, $4.00 for each additional bedroom. . (2) Nonresidential bimonthly: Water Service ~ Rate per Minimum Size (inches) Fixed Fee 1, 000 Gal. Charge 5/8 $ 30.00 $2.70 $ 30.00 3/4 30.00 2.70 30.00 1 56.00 2.70 56.00 1-1/2 108.00 2.70 108.00 2 168.00 2.70 168.00 3 304.00 2.70 304.00 4 498.00 2.70 498.00 6. 980.00 2.70 980.00 Except as expressly amended above, Chapter 15, subsection a,c,d, and e of Section 15-124, of the New Hanover County Code shall remain unaltered, in full force and effect. This the day of (SEAL) ATTEST: L,.i~,~~MM^"tr-~r^ 3 fifVt~~~ sa C;'V~e~~:'~~l,r Q •~ ~~1~>~ n ®~6.~~) 12 Jerk to the Board ~ a~~c~~ ~ ptds~q'~~1 1999. NEW HANOVER COUI~TTY William A. Caster, Chairman Board of Commissioners AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS •The Board of Commissioners ofNew Hanover County, North Carolina, does hereby ordain that Chapter ' 15, Water Supply System, Article I, In General, of the New Hanover County Code, is hereby amended. as follows: ' Sec. 15-7. Schedule of Connection Fees, Basic User Charges and Other Fees. - . ' ~ (b)(3)•Basic User Charges (User Fees): (3) Basic user charges (user fees). User fees shall consist of a fixed fee and the following ' ~ water usage charges for actual water consumed with the applicable minimum water usage charges: " a. ,Water usage charges: 0.- 10,000 gallons, per 1,000 gallons - $1.50 10,001 - 110,000 gallons, per 1,000 gallons - $1.25 Above 110,000 gallons, per 1,000 gallons = $1.00 b. The minimum bi-monthly water charges: - • Water Allowance ~ Minimum - ~ Water Meter (gallons/ Bi-monthly Size (inches) -Fixed Fee bi-monthly) Water Charge ~5/8 $ 4.25 5,400 $12.35 , 3/4 5.00 7,200 15.80 1 6.00 9,000. 19.50 1-1/2 12.00 26,250 47.30 2 20.00 35,000 66.25 . Larger By contract By contract Except as expressly amended above; Chapter 15, subsection (a), (b)(1), (b)(2),and (b)(4) of Section 15- 7, of the New Hanover County Code shall remain unaltered, in full force-and effect. . " This the day of , 1999. • 4~ L. r ~ ~ (SEAL) j NEW HANOVER COUNTY ~ ATTEST: • William A. Caster, Chairman- ! ~ Board of Commissioners ~ Clerk to the Board ' •" 123 • ,. Y~~"ERtl®~I~ICE /, %~ ~` ~ ~~~ ~ .~. ° ,~ -~` ~~: ~ f:: DATE: May 14, 1999 ~ ,%~ ~~ f TO: New Hanover County Board of Commissioners FROM: Allen O'Neal, County Manager RE: Water and Sewer Rate Changes G~^''~ ~ ~~~ ~~~ ~r ~~ S~ZJ Attached please f nd a memo to me from Bnice Shell, Julie Griffin and Wyatt .Blanchard .regarding water and sevver rates. The memo recommends an increase in water and sewer rates. 1 concur that an increase needs to be approved and implemented. The Board is required to approve the increase. The proposed budget does not include the increase. lJowever, if the Board selects to increase the rates that can be accomplished before July 1, 1999. The additional revenue for next fiscal yeaz could help to increase funding for future projects. If you have questions, comments or concerns, please feel free to call. AO/sb cc: Andy Atkinson Dave Weaver Bruce Shell Gam Griffin 124 ~ ~a~.~-®~ 1 .e :imm,.,..'~ixA ' ~ ~ ... .. '. May 11, 1999 .: ~ ~ •.:.':::.~ , r~6.Y 1 1 . - 9qq ' To:• Allen O'Neal, County Manager .. ,', ` \ rar. _.., ; ' Andy Atkinson, Deputy County Manager - - .. . •, ~ .. ~ ~-'~ ~~, ' _ Dave Weaver, Assistant County Manager . ''-~.'.'~'. S ~'FiOE ` Cam Griffin, Budges Director ~~~~ -'-'<•"- .~ -` ;, From: Bruce T. Shell, Finance Director r~ • Julie Griffin, Deputy Finance. Director Wyatt Blanchard, County Enginee ' . Re' .Water grid Sewer Rate Changes • As part of the budget process, the Finance and Engineering departments have reviewed water and . sewer rates for 1\lew Hanover County, As discussed below, the County has notraised rates for water or sewer since 1991. After comparison to various counties and cities, we recommend a rate increase that will generate an additional $4-per month to the average sewer bill and an additional X1.30 per month to the average water bill User Fee Revenues: • ' The County will have approximately 24,000 water and sewer customers. by the end of the fiscal ~ ' year (June 30, 1999). Water rates are. low in comparison to other local governments, however,' caution should be exercised in raising these rates significantly. The quality of the water, while safe and usable, is not the most desirable due to hardness and other factors, Most residents have • purchased or leased water softeners and incur monthly expense that should be accounted for in • arriving at an increase. The increase noted above would generate approximately $100.000 per. ~ • ' year in additional water revenues, The new average rate would be approximately $1.83 per 1,000 .. gallons as compared to $2.35 per 1,000 gallons with the City. ` Sewer rates have remained the same since 1991. Approximately half our customers are on the flat rate and half pay according to their actual metered usage. The average usage of 7,500 gallons per month generates a residential monthly bill of $24,50 metered and $22.00 flat rate. Obviously, the l metered rate increases with higher volume. An increase in rates that generates an average increase of $4.00 per month would generate an additional $1 million. per year in sewer revenues. ' . The new rate would be slightly higher than the average City rate of .25.50 per month.- . We will be prepared to implement this on July 1, 1999 if this is included with the adopted budget. If • ~• you should have any questions, please give;us a call. ' • 1 _ , j . ... . . _. 125 ,. ;- 1 i "~. ,y • r a7. ~i [This page intentionally left blank] 126 ` NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 Water & Sewer Item #: 7 Estimated T' e Number. ime: Pag Department: Water & Sewer District Presenter: Wyatt Blanchard . • • Contact: Wyatt Blanchard or Amy Akin SUBJECT: Award of Bid and approval of Contract # 99-0356 for the purchase of generators. Approval of budget amendment # 99-0191. BRIEF SUMMARY: At the direction of the District Board of Commissioners, staff completed the formal bid process for the purchase of backup generators for pump stations and portable generators.. Bids were received from four companies. The lowest bidder, Owsley & Sons, did not submit a complete package as specified in the bid. The vendor was contacted by phone the day following the bid and requested to provide the necessary information. Vendor did not provide the required information. Vendor was notified by telephone and fax on Monday, June 7, 1999, that if the additional information was not provided by 9:00 a.m. the next day, the bid would be disqualified. Complete information was not received by the deadline. Information that was received after the deadline indicated that the product as bid was not in compliance with the specifications. Attached as part of this package is a letter from W. K. Dickson, the company that prepared the specifications, summarizing their review of the bids. Staff is recommending the award to Geneva Corporation. Alternate # 1 provided for 72 hours of run time and the Base Bid provided for 48 hours. Staff is recommending award of Alternate # 1 for the pump stations; the difference between the base and alternate # 1 is only $734.00. However, staff is recommending award of the base price for the portable generators. The total award amount for both the pump station generators and portable generators to be $425,237.00. . RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends award of Bid # 99-0356 to the lowest responsive bidder, Geneva Corporation, alternate # 1 for the pump stations and the base bid for the portable generators for a total purchase amount of :.~ $425,237:00; approval of Contract # 99-0356; approval of budget amendment # 99-0191. FUNDING SOURCE: See attached Budget Amendment # 99-0191. ATTACHMENTS: Attached is the resolution for award of bid, approval of contract, and approval of budget amendment. Contract is available in the manager's office for review. .~, " - 99-0356r.wp ~~ ~ ~uXS ~-1 ~resr'' ~.~.c,V c~ BA#99-0191.w REVIEWED BY: 5~' . ate` ; . ~counlN colu~ . APPROVED L~ REJECTED p REMOVED p POSTPONED O HEARD p C~t~~S ~f~~' ~o0~w15 yr q~ 127 T' n~.Lir LEGAL: Approve FINANCE: Approve BUDGET: Approve ,~ HUMAN RESOURCES: N/A COUNTY MANAGER'S CO NTS AND RECOMMENDATIONS: Recommend approv I. COMMISSIONERS' ACT n . /C(~MMFNTS• c +,ny,,~..,(bVwv~Wr::. v ~e~^f~+~~ 128 . L; , , " 3. © ~f~cq~~p~~SRf~~/~~'/,,~~iuJ2J~ , o ®~a RESOLUTION . - , . OF THE WATER AND SEWER DISTRICT BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY - WHEREAS, after due advertisement, bids were 'received and publicly opened by the .Finance Department at 3:00 p.m. on the 2nd day of June, 1999, at the county Administration Building, 320 Chestnut Street, Wilmington, North Carolina and the following bids were received for generators for the Water and Sewer District, Bid # 99-0356: Base Bid Alternate # 1 Alternate # • Pump Portable Pump Portable. Pump Stations Generators Stations Generators ~ Stations Owsley & Sons $250,575.00 $67,316.00 $255,725.00 $68,916.00 No Bid Geneva (Co~;n'~or+ $340,123.00 584,380.00 $340,857.00 .$86,852.00 No Bid Corporation ' Gregory Poole $457,110.00 $115,540.00 $461,705.00 $116,520.00 No Bid Power Sturdy Power No Bid No Bid No Bid No Bid $378,000.00 .Corp. 2 ~ S ~'L,c~00 AND WHEREAS, the lowest bid which, was received from• Owsley & Sons was determined to be nonresponsive and therefore was eliminated from consideration; AND WHEREAS, the County Engineer, the Finance Director, and the County Manager recommend that the contract be awarded to the Geneva Corporation, the lowest responsive bidder, Alternate # 1 Price for the Pump Stations in the amount of three hundred forty thousand - eight hundred fifty-seven dollars ($340,857.00), Base Bid for Portables in the amount of . eighty-four thousand three .hundred eighty dollars ($84,380.00) for a total purchase price of four hundred.tweizty-five thousand two hundred thirty seven dollars ($425,237.00); ~ AND WHEREAS, funds for the purchase are to be appropriated by budget . ~ amendment # :99-0191 to cover .this contract; t ' NOW, THEREFORE, BE IT RESOLVED by the District Board of Commissioners of ~ New Hanover County that the contract' for generators for the Water and Sewer District,- Bid # 99=0356 be awarded to Geneva Corporation, at ~a total price of four hundred twenty-five ~, thousand two hundred thirty. seven Dollars ($425,237.00); and that the County is hereby `.~ _ 129 F ~ ~ . authorized and directed to execute the contract, contract form to be approved by the County Attorney; and that budget amendment # 99-0191 is approved. t. This 21st day of June, 1999. ' (SEAL) ATTEST.: Clerk to the Board • Chairman, Board of County Commissioners ,~ 130 ~' ;~ Engineers • Pfgnners • Surveyors . Landscape Architects June 09, 1999 Wyatt E. Blanchard, P.E., County Engineer New Hanover County Ehgineering 414 Chestnut Street, Room 101 Wilmington, NC 28401 Re: Selection of Vendors for Stand-By Power Generators to Serve ` Sewer Lift Stations and Water Supply Well House.in s New Hanover County WKD #90218.80 Dear Mr. Blanchard: This letter is to inform you that we have reviewed the bid proposals for the referenced generators, which were received on June 2, 1999 at B:OOam. Based on our review it is our opinion that the apparent low bid from Owsley Power Protection did not comply with the bid specifications for the following reasons: 1. Paragraph 2 of page 16231-1 of the specifications requires all .bidders proposing to substitute any products other than those specified to submit a copy of the specifications with notations clearly showing all deviations and/or exceptions with their bid. Owsley did not provide this information with their bid; they provided some cut sheets of their equipment and a service brochure. 2. On June 3, 1999 we called Owsley and spoke with Mr. Graham Steel. We discussed with Mr. Steel the substitution procedure described above required to make the bid acceptable; he appeared reluctant to provide the information. We requested him to provide this information to us by the end of the day (June 3, 1999). We have never received this requested information. ~!~ 132 ~' 909 Market~Street, ~ 91~0.2~00 A.tfanta, GA Hicliorg. NC n- ,.,. Wilmingtoin'~North~Ca~roli_na~Fax~9,i0~762.4201 A<f~eviifr, NC Raleigh, NC ~; ~ 28401 ~ ~ www.wkdickson.com Charlotte. NC Cnlum6ia, SC •^ i, r ~ .. :) " ~ Mr..Wyatt E. Blanchard, P.E.. New Hanover County _ June 09, 1999 . Page 2 ~~ ~ ~ . 3_ Ms. Amy Akin, New Hanover Purchasing, called Mr. David Owsley, . Owsley Power Protection, on June 7,1999 and informed him that the specification was required for their bid to be considered. Ms. Akin requested that the information be faxed or mailed overnight to our ~ . Engineers ~ office and informed Mr. Owsley that if it was not received by 9:OOam on Planners ' Surveyors June 8, 1999 -their bid would not be considered. 4. Owsley Power Protection started faxing the information, consisting of . 24 pages, at 9:41am on June 8, 1999, however we only received 10 . 'pages out of the 24. We called Owsley back, informed them of the transmission problems, requested them to re-send the information and ' . _ - after two more attempts we still only received 15 pages of the 24 . , pages. We called again and requested the rest of the package, but - .they never responded. 5. ~ "Our review of the specifications that we did receive found they ' ~ proposed to substitute steel housings for all of the aluminum housings ' (aluminum was specified to the bidders). The steel housing is "less expensive and; in our opinion, will not provide the service .Fife our coastal environment as well. as aluminum housing. In conclusion, I recommend we do not consider Owsley's bid for this project since they did not meet the specifications or the requirements of the bid . package. . If you have any questions, please call me. Sincerely, . W.K. Dickson & Co., .Inc. . Ken. Fortier. KFlams cc: - File 'Mark Ciarrocca, WK Dickson s:/elect projects/90218/w Blanchard 6-9-99.doc I ~~ . . ~ 133 . [This page intentionally left blank] U ~ .. :1 134 MEETING OF THE WATER AND SEWER DISTRICT' ~ •' . . ~• ' ~~ l ._ .,.~~ .. .. ~. ' ~ 'NEW HANOVER• COUNTY LIBRARY : , ~ ~ 201.CHESTNUT STREET, 2"`` FLOOR MEETING ROOM ... ~ ... _ .; WILMINGTON, NC - . ~ . • _ t ~. June.21,1999, • •9:00 ArtM. ~ • . • b • ,. d , , ,.• , . ~ ~-, .,_ • ITEMS OF BUSINESS ~, , ~ _, . _ 'PAGE ° . ,. , ,, ,. . ~~ ~~ fl . NON-AGENDA ITEMS (limit three minutes) ~ ` •~ • n ~ .. 107 ,., , ~' ,2. ': Award survey contract #99-0401 Arnold W. Carson, RLSPC ~ s ., 109 ' ~ : ~ • ~ Brierwood/BrierwoodlBrookfield/Weaver Acres/Glynwood Mobile „, • Home Park and approve associated budget amendment #99-0193w - . ~ •• ... . . ~ • ~ . ~~ ,. 3'. Consideration of approval of change order number three (3)-.Heath; ~` . - ~l T3~ -~ • Construction contract #98-0176 , , 4. Approval to apply for ari Unsewered Communities Grant •and if awarded 117 . . .., ,.. ' ' ~ authorize the Chairman to•execute all associated'documents • '~" 4.' ~ n ' ~ 5. Consideration of Fiscal Year L999-2000 Budget Ordinance for the ~ 119 New Hanover,County Water and Sewer District • ' _.: ~ .,.. 6. Approval of Water and Sewer rate. changes ~ ~ ' ~ ~ . . -121-. ; ' '~ • _ ~ • 7: ' , Award of Bid #99-0356 and approval of contract #99-0356 for the ~ 127. } • . ~, purchase of generators. ~ - ~ .. , .,.. _. ., , _ ~ ADJOURN ., ~ •• . . . ~ ._ . , .. • • F ~. s ,.. , ~ .. • , ,. , . . , . r ~ - . .. .. . „ .; "s" ~. .. . r . { . ` . ~ .. • • ~. a' ~ r. ' .. .. .. .. ,.~ ~~ ~ x _• ~ .~ . ~ Y . . ~. 1-35 • _. ~ .. ~, [This page intentionally left blank] n 136 r%' #.. q ., . ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS, .. ,: . - REQUEST FOR BOARD ACTION ,. ; Meeting Date: 06/21/99. ~ , - , '• _ Consent Item #:. 1 Estimated Time: Page Number: - - ;. . - Department: Health.' Presenter: - - ., ., ~ .. " - ~Contac4 Stan Crowder,.Sheriffs Department ' :• . ,. SUBJECT.: .. - . Grant award to Sheriffs Department~(to be administered by Health Dept.) fo`r° Handgun Safety Awareness-$2;500 - - ., , . BRIEF SUMMARY:. :. . - The Sheriffs .Department was awarded a grant in the amount of $2,500 from New Hanover Regional .. Medical Center-Community Health Improvement Plan. -The funds will support the Handgun Safety . Awareness classes provided by the Sheriffs Department. The Health Department;, however, will incur the :°costs associated with the project'by purchasing trigger locks; brochures, and refreshments for the classes. •The grant will pay for classes for a year. There is no County match required.:. RECOMMENDED MOTION AND REQUESTED ACTIONS: ' ~ Recommend acceptance of the grant and request approval of associated budget amendment #99-0187.. ,, FUNDING SOURCE: _ . • ~ .. ~ ~ .. . New Hanover Regional Medical Center $2,500 . , . " . ATTACHMENTS: . -; ~ . ..~ .. .. . -~Ba99-187.wp- - ` REVIEWEDiBY ~ :. - ,' .. LEGAL;'Approve> FINANCE: Approve • BUDGET: Approve HUMAN RESOURCES: N/A - .- ° - COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend acceptance of the grant and approval of associated budget amendment. -COMMISSIONERS' ACTIONS/COMMENTS: ~ ` :., ,.. ,- . _ ~, ~ ;. ~, ' ~:~~ ,. . ~ COUNTY CONIMISSION~: . /4PPROVED C,~'' ` ,- ~.: - REJECTED p ,,. ~, - REMOVED C7 .~'~1 ~ ~~ - .-^ . _ _, POSTPONED ^ ~;~, ti _, . , ~: , ` . HEARD ~ ~~u, . , SATE ,,~(p~ r~~.~ `t ~qy~. Ba99 187 wpd ~-~ ~ ~" "" ~ Paae 11 , NEW HANOVER COUNTY BOARD .OF .COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06!21!99 Budget Amendment , DEPARTMENT: Health BUDGET AMENDMENT #: 99-0187 ADJUSTMENT Health-Injury Prevention DEBIT `"_ CREDIT Handgun Safety Grant-CHIP $2,500 Supplies ~ ~ $1,950 Printing ~ ~ $550 ,. EXPLANATION: To establish budget for grantawarded for Handgun Safety classes provided by the Sheriff's Department. Expenses are incurred.by the Injury Prevention section a Health . Department. APPROVAL STATUS: To be approved by Board Of Commissioners COl1NTY COMMISSION RE.; r.~ED~'~"~'~~~ 13~ REf~I~:D ~F,o~:~ ~~~, Poser:.. ~ ~r~~ o ~~ ®ATE ~r.(vl_Zl~l 3 ~~~~ l (`l JVIY- G-77 WLll tG~JI ~ i,nn Irv, vYi-tLJV ~ ~ v~ ,~ .. .. ~,~ .. , . - , . .. , ,, ,., ... .. .. „ .' .. - - ~ ~-~ . .n . .. , • - New Hanover.~Regionul Medical Center ` . ~. ` - ~ ~ ~ _ ~Cornmunity Ienltf Improvement•Plan , ' , ~razzt .Acceptazzce DUCUZZZ.ezat ~ '. . ,. , ,A,pplicarit; New Hanover County Sheriff's Aepartxtzezat . ~ ~ . - " Purposes `• `~ :. Firearm=Injury Prevention Project ~ ,_ ° ~ ; ~ ' • ,. ; , - Estlmared Cost;- , '_ $2,500 . ''_ " .. ~ . ~ . , °` Issue Date: March 27, .1999 ' , ' ~ The Partners I'rogratxr Review Corrrn~ittee, under "the CommLUiity Health Improvement _~ .•;•; ~ . Program implemented bythe New Hanover;Regional 1vledical.Center Board. of Trustees, ' ~ ~ ~' ~ ~ kzas=xecoznmended funding the applicant and project named abo~~e if the. following ~ ~` '. '. conditions.are-met: .. • ~ 1'. <-~. ` The applicant orgaruzatiorr must submit a brief work plan:aid timeline ' '; describing how and.when the, program will be implemented..,-The grad recipient . .' .~ will then agree to contact in writing the Mana~er.of Community Relations at New • .~ ' , ' Hanover Regional Medical Center if there are` any clanges to the prograrn,'s :. ~ `' :purpose, wozkplan ox budget. ~.. - , :,+' .. , _ - 2. `. ' , A piogress reporti.on the prograrrt's activities.and accompishmerits will be due at ' _ ` six months and twelve czzontlzs af~"'[he release of fiords. ;, ~~ _ ~ ,, 3 ~ ~ A final re ortrnust be resented within 45 da'•s of the ro'ect's ~en - _ P P y p J d, This will ~~ ~ r ' ` : include a complete accounting of grant dollars expended. The chief officer-arid board chair tan of the organization must provide a,5igne-d statement that funds _ _ ,.. ':` ` . were used foz the purposes stated in the grant application (or resulting a.~reement • _r , . ' • . negatiated.with I~'I-II.ZMC), funds were-used for tax-exempt,purposes only, and, °'''" that:no grant fiinds were~used.for lobbying or political activities. - •; ' , 4, ' ; :. T'unds ttia.t were e;~pended foz purpose"s not ~in accordance with the Partners • ~' '' r Program grant application must be reimbursed to NewNanover K.egional Medical ~ ~ , Center: ~ ~ ,. ~. _ ~ ~ ,'~ ~ ~. • 'The organization rz~ust~continue to maintain its tax-exempt staters under the - .,.-. ,. ` Internal Revenue Code for the .entire funding period, ,, ' ° . 6t ., The-recipient organization weal provide ozre of the following:,' a copy ~f the . ~ . ~, ' ~ °::organizatkon's formal audit, a-copy of its annua.l~tax returns,.a'copy of aprepared ::; ` , ; , -, 'by ;the organiza.tion's.accoui~ting firm, for the year (or years) in which grant funds .~,-. ' '. . ,: ,~ ~ -' were expended. - .~ .. - . ., , :. ~ .. . . . .: .. .a; h ~., ~ .. .. ~. , ~ - r ~.- , • •~- , £» . - ..,~ ' ~ ~ ~ n ' m ;. to A. ,. , , , . .. . . A ~ ,.. ' ~. The recipient organization will include in its report(s) to New Hanover Regiona! Medical Center copies of any materials, brochures and news clippings which document that funds were spent for proper, tax-exempt purposes. 8, The receipt of a list of the. organization's board members and corporate officers. The North Carolina Conflict of Interest Statute (G,S. 14-234) prohibits a public body (in this case New Hanover Regional Medical Center) from enteiyrrg into a contract with another entity if any member (in this case a Trustee of New Hanover Regional Medical Center) of the public body (1) has an interest in the contract, (2) will receive any benefit from the contract or (3} is an officer or a director of the organization or entity. • Terms of Payment: S2, S,OO tiri11 be paid to New Hanover County Sheriff 's Department within 30 days upon receipt of the following documents: . 1, Proof of organization's tax-exemption status. 2. .The receipt of a workplan approved by New Hanover Regiona! Medical Center, 3. The receipt of,a timeline~approved by New Hanover Regional Medical Center. 4. The receipt of a list of the organization's board members and corporate officers. 5. Documezztation of receipt of matching funds•if n~atcling funds ar'e specified in the grant application as required for program implementation. Funds wll! be withheld until receipt of this documentation, - , - . 6, The return of one original of this document, signed under notary~seal. New Hanover County Sheriff's Department agrees to comply with the above conditions $y .~ ~~ • resndent/Di~cy . Sworn and subscribed before me this day of R'Pr;1 a$ ~ ~ 99q ~\~ ,`,,~~wiilliNfffr~~i ,~ ~~A" r,a ~ "~-d NOtary Public ~ -_ , ,we. ~ .~~~,.,~.,,,~, ~s o~¢ . .' '~ ~ ~ ~ i; My-commission expires: ~c~,~b e~ d~ ~ ~ l : ~• a -t ~., e .- ~~ ~®e id~d ~~Q Y E ~•V qt1`~ r~`~~i1114lidl~~` 140 i; CONSENT AGENiIA "DATE---=------ ITLM ~;(~.------ NE~i HANGVfR COUNTY TAX Ct3LLE~TIaNS COLLECTIONS TNRU ~JS/3iJ99 CUf2RENT TAX YEAR - 1993 mo ~.s ra wM ~r acaa.saur®votavrraawm ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADOED LESS ABAT~~IENTS TOTAL TAXIES CHARGED , ADVERTISI~iG FEES CHARGED LISTING €'ENALTiES CHARGED CLEANING LIENS CHA#~GE'D TOTAL LEVY CflLLEL T It1NS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES REAL ESTATE AID PERSI3F~AL PItOP~RTY CHARGES AflDED LESS ABATEMENTS TOTAL TAXES Dt~E COLLECTIONS TCl HATE OUTSTANDING .BALANCE ~ERCEIVTAGE COLLECTED ROfl~! OCCUPA~lCY TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS EMS CflLLECTiO~lS AD 1~ALOREM ~~~..~~~~ds~~s~~ bC913~5yfi7$.I)7 2~537~385.55 i72p278.80~ $ b2~821f784.€32 8~5{35.9G 7~+~2b0.~~ 3~445.flD $ b2~907~996.27 62y~15.9313a~G°-. .. «n i.a.~....~~.m~..:e..s,. ~ b92ib82.77 98.9~3~~ $ 2~$t10~390.39 25'482.19 195~OJ0.8~~ 2.'~30T871.73 1tOb7~724.08~ 1~5b3~147.55 40.x$ MAY 1999 191'6b.i.57 i 85.04 . {~ 4) MOTOR VEHICLE w a.issrasarrs~iwra 7.~582'717s91 3by781.85 9843.1.253 ~ 7y521~Ob8.51 .Cfl .,. ~~30 .fl0 $ 7~ 521.058.51 6~190~059.05m $ 1i331y009.45 82.3fl~* FISCAL YTD 2~~324~1.12.11 i9i539.13 . 4) 0 TOTAL MONEY PRO4rE5SED THRU COLLECTION t~FF.ICE FOR NE1~ HANEiVER CCiUNTYT CITY OF WILMINGTON ~iR.IGHTSVILLE BEACH' CAROLINA BEACH AND K:Uf3F BEACH TO 4JATE -' ~9~y143~b93.95. TNiS r~EPC~?T IS FOR FISCAL YEAR 9EGINNiNG JULY 1~ 199th. RES ECTFULLY SUBMITTED f (A ~Y1 c ~ er Y ~ U R W-~ '~ (.~ PATRICIA J. COLLECTOR OF ENU # COMBINED C~t~LLrE~~;T,~,O ~Nw..+.dv yY~' t %'J Id'P'~~ R`A'E±i~i T A L E *~ 9 7, 13 ~~~f~` 14.2 ~ ®~~ ~,~ ~~"~~i ^/ [This page intentionally left blank] ., 144 J " ~ [This page intentionally left blank] ~ ~ `~4~ ~~ ~ ~~tl~Nl ' Jai%r~~?A 14 6 ~ ~ ~~ ~~ ~- L r. . ~ t .; ..~. " NEW~HANOVER COUNTY BOARD OF COMMISSIONERS , ,: ` REQUEST .FOR BOARD ACTION' . .. .. 'Meeting Date: , 06/21/99 ;. . , .. o , ,. . . Consent Item #: 4' Estimated. Tirne: ~ Page Number: ~,, • ' ~ ~°' Department:.-Aging Presenter: . ,, Contact: Amy Akih ~ ~ _ SUBJECT: • ._ Award of Bid and approval of'Contract # 99-0375 for nutrition services for the Department of Aging. BRIEF SUMMARY: . Staff was directed at the Board of Commissioners Meeting on May 3, 1999 to readvertise the nutrition ` services bid. The formal bid process was .repeated and two bids were received. This is a three'year '. `-.~ contract that provides meals for the congregate end home-delivered meat program;. `. Bidders were required to submit bids on both,options 1 and 2. Diamond Food Enterprises, Inc. did not ;~. sukimit ~a~ proposal for both options as required and was therefore disqualified for consideration.: As a result, staff is recommending award of bid to Newbold's Carolina BBQ & Seafood, Inc., the only :. ' responsive bidder, at the per meal. price of $2.14. :: o .. . 'RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff.recommends award to .the ohl res onsive bidder, Newbold's Carolina BBQ & Seafood, Inc., at a Y p . .., . , cost of $2.14 per meal, and, approvaf of Contract # 99-0375. • ,., FUNDING SOURCE: '~ _ - .Contract begins July .1, 1999. Funds-are to be appropriated in next year's kiudget in account ' . A .` 110-582-5823-37000 and 1M10-582-5824-371.0. • ;,. - . , .,.. . ATTACHMENTS::` ~ ... . ,, - .Attached is the resolution for award of bid grid approval of contract. Due to the size of the contract ~~ E °~document; it is not included in this package but is ava.ilabl'e in the manager's office for review. . {„ ,., ,: . 99-0375r.wp . `, ,,, ~ :. .. `REVIEWED BY: - L.EGAL:.Approve` FINANCE: Approve BUDGET:.Approve HUMAN RESOURCES: N/A • . COUNTY MANAGER°S C ENTS AND RECOMMENDATIONS:- Recommend approv ` ~ C~U~ C01~MI~SI6 • ' ~ . COMMISSIONERS' A S/COMMENTS:. /4PPROVED ,C/~ , _. ~ ~ REJECTED p . ,, .,~ . ' ' REMOVED p . 1 4 7 POSTPONED p , . ,. a .: . D p . HEAR .. ~_ -~---------. J . RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly ,opened by the Finance Department at 3:00 p.m., on the 1st day of June, 1999, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following per meal bids were received for Nutrition Services for the Department of Aging, Bid # 99-0375: ~~ OPTION ;1 OPTION 2 422 Meals 500 600 Meals 422 500 600 Meals per Day Meals per per Day Meals per Meals per per Day Day Day Day Diamond $2.14 $2.14.. $2.14 No Bid No Bid ' No Bid Food Enterprises ,Inc. - ..r Newbold's $2.14 $2.14 $2.14 $2.28 $2.28 $2.28 ` Carolina ~ ~. BBQ & Seafood, Inc. AND WHEREAS, bidders were required to submit bids on both options 1 and 2 and Diamond Food Enterprises, Inc. failed to submit proposal for option 2 as requested; therefore, Diamond Food Enterprises, Inc. is determined to be non-responsive and is disqualified from consideration; ,, :~ AND WHEREAS, the Director of Aging, the Finance- Director and the County Manager recommend that the contract be awarded to Newbold's Carolina BBQ & Seafood; Inc., the only responsible bidder, at the -per meal price of $2.14; . AND WHEREAS, funds will be appropriated in next year's budget in Account No. 110-582-5823- 2000-3700 and 110-582-5824-2000-3710 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Nutrition Services for the Department of Aging, Bid # 99-0375 be awarded to Newbold's Carolina BBQ &` Seafood, •Inc. at the per meal price of $2.14; and that .the County is hereby authorized and directed to execute the contract, contract form to be approved by the County AttorneY• .. ~ ,.. BE IT FURTHER~~RESOLV'ED that the Purchasing Agent is hereby authorized to return the bid C °M~I+vJ~;~.~4tj~tYi~~J U Uvdl`;lcr.u deposit to the unsuccessf~.l b~dder~~ ~l~"Y ~~l~Isl This 2 Est day of J~une,~l~9:9,9!E~~~! ~ C~b~~T~ (SEAL) ~ ., ;~ ~ [This page intentionally left blank] 150 rte,; U ,~ ~~ ~~~~ 152 ~ ~ ~ ~~~~~~ ~~~~~ '"1 ., a. ~ ~ ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS " REQUEST FOR BOARD ACTION ° . ~° 'Meeting Date: 06/21/99 ~ . ~. :.. ~ . - , .• . , • - Consen~t'Item #: ` 6 Estimated Time:. .Page Number: ~; ~ ' • ~ - , `.Department. Engineering " .Presenter: Dave Weaver , ' ~- "' , .. •, ._ n • - Contact: Christine Q Neal ~ - t.. , - - ~ ,' ,- .:.. ., . -.. . ~ .. .. " SUBJECT: ~ " " "'' ' ~' Abandonment of Pine Tree. Cemetery' " ~ '~ ,. ;BRIEF SUMMARY:. ,. ~. -The' County. acquired this site from the City,of 1Nilmington.in 1996. At that time, the site was in poor. ' ,,.. :.~- condition and :had beeri used as a dump site and a vegetable garden-for several.years: After the site was' ~ - , - surveyed: and cheaned, a-state licensed expert was called in to determine if there were.any' human remains ~ ' `~~ still on site because there was no visible evidence of graves. Although no human remains were found, a ' very limited quantity of metal associated with caskets was located 'on the site. Several existing ~ ` encroachments by adjacent property owners were noted during the survey of the property: These ~ ,. . '" Q o. " :<encroachments have been `maintained by the property owners over the years. The remaining ' :.. . , `° ` ~ unencumbered portion ofthe property serves only as an isolated gathering place for unwanted problems :: ~ , -.. ; ,' . •; :for this neighorhood. ` " - ,• . _~. 'RECOMMENDED MOTION AND REQUESTED ACTIONS.: - ~ , " . - Recommend that New Hanover County, Under N.C'G.S..65-13, authorize disinterment, removal; and reburial of all graves from this site to the established Flemington Cemetery.. Itis recommended that upon ~' -, completion. of the abandonment process, the County offer for sale the unencumbered portion of this , ~° „property. The revenue from~the sale should. be used for the ongoing maintenance of established -, .. cemeteries owned by New Hanover County and for fi:ature.maintenance of other abandoned cemeteries vvhicf may, come into County, possession. All encroachments existing on this site as of the December 12,. 1996, survey date and upon the area undergoing the necessary abandonment-process should be , ' quit-claimed by~the County to the. appropriate property owners': Because this property is surrounded by existing homes.and there is a lack of evidence that any grave sites remain.tbere, it would be more ; ' „'.appropriate to allovv this site to.blend into the surrounding neighborhood as a residential site than to ''`.: maintain it in it's current state.: - + 'FUNDING SOURCE: - - :~ .. . NA . --. . -. ._ . ATTACHMENTS: ... . , - - REVIEWED ~BY: -LEGAL: NIA ~ FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:. N/A .. .. , :, ~ '` ~. COUNTY COMMISSION ` COUNTY MANAGER'S COMMENTS AND RECO NDATIONS: APAROVED (~~, ` ~. ~ ` " Concur with recommended action noted a ve. ~ r • R~E~rEO o ~ .1 ~5-3 - ~. '_ ,. `. COMMISSIONERS' ACTIONS/COMMEN REMOVEp ^ ,. . .., - - .POSTPONED ^ "- , . - ' . ,~ ~ ., , , - ~ . ~ ,• HEARp • u , RESOLUTION DRAFT OF THE NEW HANOVER COUNTY , BOARD OF COMMISSIONERS WHEREAS, New Hanover County has taken control of an abandoned cemetery situated between 6th Street, 7th Street, and-Queen Street in~the City of Wilmington, as~ required by N.C.G.S. §65-3; and WHEREAS, said cemetery, sometimes referenced as the "Pine Tree Burying Ground," has not been used for burials since before the Civil War; and f WHEREAS, historical research has not revealed the names of any persons interred at the site, or any record ownership of the property; and WHEREAS, 'a recent site investigation conducted by a-state licensed expert did not reveal the presence of any human remains or grave stones still on'the site, but did locate a very limited quantity of metal associated with caskets; and ., WHEREAS, N.C.G.S. §65-13 authorizes disinterment, removal, and reburial of graves, and WHEREAS, in that said cemetery has limited remaining association as a burial ground, a .relocation and reinterment of ariy remaining graves and associated materials to the County Flemington Burial site would facilitate staff cemetery administration: , ,. , , NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of .New Hanover County that staff be directed to contract with appropriate entities for the final location, removal, and reinterment fo Flemington Cemetery of any graves and associated materials remaining at the above-referenced abandoned cemetery. This the day of , 1999. (SEAL) ATTEST: Clerk to the Board '154.. f~~~^-~~~~ ~~~n .._ f. _~ . _ , # ._ New Hanover County William A. Caster, Chairman l.; [This page intentionally left blank] N_EW HANOVER COUNTY .BOARD OF 'COMMISSIONERS ~. REQUEST FOR BOARD ACTION. 1480 Harbour Dr. Wilmington, NC 28401 '910-395-4553 ::FAX 910-395-2684. '.- Serv~~ngtocd Government In the' ' +" Norfn Cab- ,Counties r -9runswick. ~-Gol~mbus, 41Neu Hans. s - ~~ard'Perid~~r ar..._ _, E: ~' 4 f ~~ June 1, 1999 Ms. Lucie Harrell, Clerk New Hanover County Board of Commissioners 320 Chestnut Street Wilmington, NC 28401 Dear Lucie: ,.>~ ! ; .\ \~\, `~ .. ~ `~_\ O ~i The terms of appointment for the following New• Hanover County members serving on the Region O Aging Advisory Council will expire on June 30,.1999: " • i , Ms. Louise Siler Ms. Leigh Ann Kingsbury According the Advisory Council's by-laws, these members would be eligible for reappointment by the County Commissioners for a three year term. Both members are valuable assets to the committee and I would like to recommend reappointment. Therefore, I would like to request that this matter be added to the next commissioners meeting agenda for consideration. I .have enclosed a copy of the by-laws for your convenience. Please advise me of their decision. If you need further information, please contact me. , Sincerely, ~~ ~ ~s/~~u.~ Jane S. Jones, Director Area Agency on Aging CC: Holly Henderson, AAA Amzette Crumpton, New Hanover Dept. of Aging ` ~ ~r~' ' ~ ~~ ~~ ~a ~ (~ ~~. ~ ~ y ~ ~~ An Equal Opportunity/Atfirmotlve Action/ADA/Employer CJ CQDPN ARTICLE IV -MEMBERSHIP No member of the Aging Advisory Council shall cast ~a vote on the provision of services by that member (or any organization which that member directly represents) or vote on any matter which would provide direct fmancial benefit to that member. ARTICLE V -MEMBERSHIP Section 1. Num r: The advisory council shall be made up of six (5) representatives from each member county and shall have no more than twenty-four (24) members. Section 2. Qualifications: The xN,C. Division of A'ging's Manual of'•Policies and Procedures states that the Advisory Council must be comprised of: . 1) More than 50 percent older persons and include. A. older persons. with greatest economic or social needs;,and B. participants under Title III-B and III-C of the Older Americans Act; C. older minority individuals (~ 2) Representatives of older persons; `~--~ 3) Local elected officials.; ,4) The general public. Section 3. Ex-Officio Members: No Advisory Council Member shall be employed by an agency which is receiving Older Americans Act or other Aging grant funds from Cape Fear Council of Governments. Section 4. Service Providers: Service Providers will be informed of meeting dates of the Advisory Council and may attend meetings as, visitors. As deemed necessary, the Chairperson may request information, opinions, etc. from service providers in attendance. 0 Page 2 of 5 ~," .. ~ . . -. _ ~ _ .. , ., ~ , .. ,~. , :. ARTICLE 1dt - APPOII~ITMEIVT AN®~ ' ,.. '. ~ . . ....¢' 'TERM OF OFFICE .. :,. • ~ ~ ,Section 1. Vacancies: When a vacancy occurs `on the AAA •Council, the following.' - . .procedure'"shall be followed: ~ ~ ~ ~ ~ ~ ` ` ` ~.' The AAA staffshall notify, i.n writing; the appropriate County official and chairman of the ~ µ count ` .. • . . . y commissioners of the vacancy 'and the need to nominate a new member in thirty :. • ~..5 (30) days.. .: ~ . - . ,. . . .: ~' ~ Tn the event °the elected official is defeated in a ~ public, election, his membership on the. . Council will terminate when his term ends. 'The county or city involved will be notified • ,~ ' ~ `" ~ of the••vacancy and asked to nominate a replacement. If the local governing board does not - " make a nomination, there will be;a vacancy left on the. Council •for that slot which theywill - ~ ~ ~ r - • . ~ have the option to fill at a later day., d - r ~ ~ • ,. ,, ~ ., Section' 2. Terms of Appointment:: Initial appointments shall be for a theee-year term ending June 30th. .Subsequent appointments shall be, for three-year terms.' A representative may ~' ~ ~ = ~ serve more than one term.• Terris will be taggered so that. at leant one,third of the membership ~ ' .•... , will`.be continuing.terms at the'beginning of each year.. _ .. . _ .. ~ , . .. Section 3.. Resi ations: Written resignations from committee members will be submitted .. _ „ '~~• "fo. the committee chairman and'the member's County Board of Commissioners.,, ' .r ~ , a. , a s ~ :. ` .- ,F , . • ARTICLE illl -OFFICERS . - ~ '. ~ Section 1. "Officers: The officers of the Councilshall be a Chairman, ,Vice-Chairman, `~` ~ ,,.-and Secretary, each .of whom will be residents of different counties: ~ ~` ~ • D . ~ '_, Section 2: Term:. Officers shall be elected by a najority~ vote of Council at the first ~ ' .. ~; , meeting of the Council following. the advent 'of the AAA's program year. Officers will be elected ` .. . - for aone.-year, term: . _ . ~ - ',. Section 3. Nominating .Committee:. A Nominating Committee of at Ieast three .(3) .` ~ ' persons will be appointed by the Chairman prior to the meeting. in which elections are held. An • . . ' officer, may serve consecutive terms..- Nominations from the floor will be accepted: ~~ ` "' ~ , :{ ~ . ,, .. . ,. .-~ ;~ ._ _: ' ~: • >. . Pag¢ 3 of 5 ,~ v .~ , , :. _ ' .. . - ~ ~ • .: ,,. . , ~ ARTICLE '1111- DUT1E5 OF OFFICERS r Section 1. Chairperson: The Chairman shall preside over all meetings, appoint the necessary committees, and be responsible for the agenda for the`meetings. Section 2. Vice-Chairperson: The Vice-Chairman shall serve : in the absence of the Chairman and perform the same duties as the Chairman. ' Section 3. Secretarv: The Secretary shall"keep all minutes of the meeting and perform the necessary correspondence of the Council with the assistance of the AAA staff. ~ ARTICLE IX -MEETINGS Section 1. Meetings: Regular meetings of the Advisory Council will be held four (4) times annually at a minimum, and more often if necessary. ` Section 2. Notice: Announcement` of each regular meefing will be sent to each Council member at least seven (7) days prior~to,the meeting. , , Section 3. Special Meetings: Special meetings may be called by the Chairman or any two (2) members of the Council. Section 4.~ Attendance: Any member who misses three (3) consecutive meetings without notification to the Chairperson will be replaced on the Council. Section a"". Staff Support: The AAA will provide staff support and assistance to the Council. ` ;- Section 6. ~~en Meetiras: ~ All meetings of tare Advisory ~Co~.zncil shall be open to the public. ARTICLE X - QUORUM Section 1. uorum: A quorum to transact official business at any meeting of the Council shall consist of thirty=three (33 %) percent of the membership. J 162- Pag¢ 4 of ~ 5 [This, page intentionally left blank] :r ~~ 164 ~? ., .. .. , • ' 1 . ' , . 'NEW HANOVER COUNTY BOARD OF COMMISS(ONERS~ -. ,• ~" ~` • . r, ".. ~ . ~• 'REQUEST FOR BOARD ACTION T ~~ :~' ~ ~ Meeting Date: 1211 f. ~: .~ •: Consent item #: 8 Estimated Time: Page Number: ~ ~ ~ ,' :.. , , Deparfin~nt: Planning Pres"enter: `Patrick Lowe/Bruce Williams " . ~ ' ,. ,. ,,~ ,.,. ~ _ ~ . . ,,. ~~ Contact: Patrick Lowe/Bruce Williams . _ ,, ~ , .. ;. 'SUBJECT: . ,. Airlie Gardens Coastal Waterfront.Access Grant Application ~~ ` ," . ~ BRIEF SUMMARY: ,, ~ . This grant would provide for much needed improvements to the trails of Airlie Gardens as well.as:, ' . ° development of additional access for water views of Bradley Creek and the lakes. :. Airlie Gardens ispublicly owned and operated for the first time in its 110-year history. The Gardens ` . .... , ° contain.twelve.acres of fresh water lakes and. nearly 2,000 shoreline feet on Bradley Creek. This request is to #und walkways and ramps to view and appreciate the waterfront views for handicap, disabled, and , ` ~• elderly citizens.. No structures or walkways are presently compliant with ADA standards for disabled- '.citizens at Airlie; Gardens. Plans for garden; restoration will take three to five years, but immediate access ~ •, for these citizens is.needed. New Hanover County acquired Airlie Gardens from the Corbett family on '~ January 11, 1999,. for $10.5 million. This,67--acre site: is one of ttie last major undeveloped sites on the ~ , . < ~~Bradley.Creek watershed. ' ,~ ~ . , 4~. -RECOMMENDED"MOTION AND REQUESTED ACTIONS: ~ ' '~ ~ 'Recommend authorization for the Planning Department to submitthe grant application'for $75,000. 1f ` grant, is awarded, accept grant, approve related budget. amendment; and authorize the County Managerto " ' sign necessary.grant documents.. ~' i ~ ~ ' ,~ FUNDING:S'OURCE:' .., ,, h, - ", , FederaL'~' ~ State: $56,250 County: $9,375 User Fees: Other: $9,375 in-kind . 1a or • . ; . . .. ,. Money:js 9n Current Budget: Yes, ., New Appropriation Request: , . _ .. .. .. ~ : '_ ' 'Budget,Amendment Prepared: ~.. °., .. Al'TACMMENTS: ., ,. .. .. ::" , , ~., . - .. , . .REVIEWED BY: '` • . ,- .. -~'~ °'~ ~:"LEGAL:<NlA.' F(N7ANCE: BUDGET: Approve HUMAN RESOURCES; N/A '~ •-• COUNTY MANAGER'S CO TS AND RECOMMENDATIONS: ~ ~.-. ~ ' _, `` ~ Recommend approva, • ,. ., .r ., '' , COMMISSIONERS AC IONSlCOMMENTS: :, r C0U(VTY COMMI~.StQ . APPROVED' ., ~ , - . REJECTED :_ ~. 5 .. , ~EMOVeo • .• 16 z. • 'POSTPONED p k . HEARp ~ '~ ,~ _J . ~ ~ , , .~ ') 166 ~ ~ ~~ ~~~;~~ t f~ ,~ - `. _ ~ _ ' NEW HANOVER COUNTY BOARD OF COMMISSIONERS: . _ .. ~ ~ ~ REQUEST FOR BOARD ACTION ~ ', . . •. _ 9 ' Meeting Date: 06/21 99 . ... ' , ~. Budget Amendment ~ . ' _. .. r' Consent Item-#: 9. Estimated Time: Page Number: . ~ ~ - - ` ''. .. DEPARTMENT: Various , . ~ . ,.. , ,. BUDGET AMENDMENT #: 99-0190. . • ~~•" .. ., ' . ADJUSTMENT • . - DEBIT CREDIT ~ ' `GENERAL FUND: - .. , -, ~~" , -~ pne-Half Cent Sales Tax Revenue:. :~ ~ ~ One-HaIf..Ceht Sales Tax =Article 40 ~ ~ $175,000 ~ • Unrestricted ~' ~. , • . .~•" ~ . One-Half Cent Sales Tax -Article 40 $83;333 ~~ ~ ~ Y . ~ School's . One-Half Cent Sales Tax -Article 42 $100;000 - .: ~ - ' Unrestricted' . . . ' One-Wa~If Cent Sales -Tax -Article 42 ~ $166,667 ~ . - _ ~ - Schools ~ , . ~ . One-Half Cent Sales. Tax :. _ ~ ~ , Undesignafed: ~ , Transfer to Otherfunds! ~ - .. .. ~ $275,000 ` 'Water & Sewer Uist. (Fund 800) . _ ~ ' ~ . . One-Half Cent Sales Tax--Schools: - Transfer to Public Schools .. ~ . , $250:,000 y .{ PUBLIC SCHOOLS: - .. .: ,, New Hanover County. Schools: ~ - " Transfer InlOne-Half Cent Sales Tax ~ ~ $250,000 ,. Contribution - SchooF Capital - ~~ $250,000 ' r • - T Projects .. .. , • - WATER & SEWER DISTRICT: -Sewer Operating Fund: • • ~ . Transfer In /One-Half Cent Sales Tax ~ ", $275,000 - _ - Water & Sewer Engineering; . i Administrative. Reserve - . ~ ,y $275,000 ~ -- ~I ,. p „ ~ ~ ;,~ I EXPLANATION: ,To'increase budget for estimated sales tax rev I enues. - -I - --- APPROVAL STATUS; To be approved by Board Of Commissioners, - - -- ~ , . + ~ o e-0U11~fY ~~1-ru~7~71® - COMMISSIONERS' ACTIONSICOMMENTS: APPROVED LY .:Y ~ ~ `]• ,.. (` , REJECTED ^ - ~ REMOVED p ,. .. ,. ~ • ~ ~~ PaSTPONED ^ - t~ , , ~ .. - HEAR®. . ~CQ ®a 4~~~~/`- ®~TE ' , ` I [This page intentionally left blank] . ~ ~ ~ . :~ . , 166 t ~,~~ . ~:,~. :~:~, NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/21/99 , ~:. . Money Is In Current .Budget: New Appropriation Request Budget Amendment Prepared: ATTACHMENTS: ' REVIEWED BY: LEGAL: NIA. FINANCE: Approve BUDGET: Approve ~~ HUMAN RESOURCES: N/A , COUNTY MANAGER'S COM TS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTT NSICOMMENTS: r~ul~ CONI • Consent Item #: 10 Estimated Time: Page Number: Department: Planning Presenter: Neal Lewis Contact: -Neal Lewis/Chris O'Keefe SUBJECT: Public Beach and Waterfront Access-Grant Application For Bicycle Facility Enhancements BRIEF SUMMARY: ' This grant would .provide for bicycle parking facilities at each of nine existing access sites. Currently, none of the sites provide bicycle parking facilities. New Hanover County, the beach communities, and the City of Wilmington all promote bicycling as an alternative form of transportation. Providing bicycle parking facilities at these sites will further encourage bicycle usage as a transportation choice in addition to a recreational activity. RECOMMENDED MOTION AND REQUESTED ACTIONS:- Recommend authorization for the Parks Department to submit the grant application for $11,250. If grant is awarded, accept grant, approve related budget amendment, and authorize the County Manager to sign necessary documents. The County match of $2,813 uvill be funded within the Parks Department's FY99-00 budget allocation. FUNDING SOURCE: Federal: State: $8,437 County: $2,813 User Fees: Other: APPROVED C~ ' ~ REJECTED O REMOVED ^ ~ ~ `~' POSTPONED ^ ~ . HEARp ^ , s r Q ~~~~~ ~ ~~~~~ . ~_