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Agenda 1998 05-04
i 1 i 1 AGENDA ~~~'KOYER Cp f~ : .i^ ~ t ;* ~:; ~~. ' ~~ o~ . Q. ~OF NORTML' May 4, 1998 NE~V HAI~'OVER COUNTY BOARD OF CO~IitiISSIONERS Assembly Room, New tYa~ioyer County Courthouse 2-f North Third Street, Room 301 Wilmington,. NC , WILLIAM A. CASTER CHAIRMAN ROBERT G. GREERVICF-CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER TED OAVIS, JR., COMMISSIONER CHARLES R. HOWELL, COMh11SSIONER ALLEN O'NEAt. COUNTY MANAGER WANDA'M. COPLEV, COUNTY ATTORNEY • LUCIE F. HARRELL, CLERK TO THE BOARD 6:3D p. m. MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes per item) APPROVAL OF CONSENT AGENDA ESTIivIATED ITEi~iS OF BUSINESS TIMES 6:4~ p.m. 1. 6:~0 p.m. 2 6:» p.m. 3. 7:05' p.m. 4 7:10 p.m. 5 Presentation by Mayor I-lamilton Flicks Concernin~~ a Regional Convention Center Presentation by Mr. Bernard Moses of Gordon Woods Subdivision t Presentation by Judge Gil Burnette .for Project for Happier Lives Presentation by Mr. Harry Dorsey on "Diversity in the New Hanover County Inspections Department PAGE NO. 3 7 2j Consideration of Proposal to Rename College Road to University 27 Boulevard Effective January 2, 2000 7:30 p.m. PUBLIC I-IEARINGS: 6. , Item I:SPecial Use Permit Request by Cornelia Nixon Davis 31 I-Iealth Care Center to construct a 63 unit assisted living care facility. The property is located on Porters Neck Road on the existing nursing home campus and is zoned R-20 Residential (S-428, 4/98) - ESTIMATED .ITEMS OF BUSINESS - . ~ "PAGE TIMES . • NO. 7:45 p.m. ITEM 2: Rezoning -Request by David Sneeden for Hallmark 37 Industries to rezone .84 acre at the southwest corner of Charter Drive and Eastwood Road to B-2 Business and O-I Office and Institution from R- 15 Residential. (Z-622; 4/98) 7:55 p.m. Item 3: Conditional Use District Site Plan Revi1ion - Request by Joei Tomaselli to revise the site plan for Lumina 43 Station, -Phase II. The site is zoned Conditional Use B-2 Business for retail uses, services and oftices and is located on the south side of Eastwood Road east of Lions Gate. (Z-60=I, 6/97; Revised 4/98) .. 8:10 p.m. Item 4: Special Use Permit -Request by Martha Lee to construct 49 a 500 foot radio communications tower on the west side of MarkeC Street (8300 block). The property is zoned R-1~ Residential (S-429, 4/98) 8:2~ p.m. Item ~: Zoning Text Amendment -.Request by Richard Noyes >j to modify the setback requirements for non_residential uses when located adjacent to vacant or non-platted residential zoniny~ districts. (A-290, 4/98) 8:40 p.m. 7. Consideration of Resolution Concerning Local Option 63 Sales Tax ~ • 8:50 p.m. 8. Meeting of the Water and Sewer District 67 Additional Items ~ - County Commissioners County Attorney ~. County Manager 9:00 p.m. Adjourn 1 S . MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH T~IIRD STREET, ROOM 301 ' MAY 4, 1998 ITEMS OF BUSINESS PAGE NO. I. Non-Anenda Items .limit three minutes ~ ) 67 Q CONSENT AGENDA NEW HANOVER COUNTY BOARD OF CO~~IMISSIONERS MAY 4;1998 ITEMS OF BUSINESS PAGE NO. 1. Approval of Resolution to increase facilities and officer fees 7I 2. Approval of the Consolidation Contract between the State of NC, 77 Department of Environment, Health &: Natural Resources (DEFINR) and New Hanover County Health Department (Contract #98-0353) 3. Approval of March of Dimes Grant Application to support 1-Iealth 89 Department parenting classes 4. Approval to dispose of a 1991 GIV1C Cyclone truck, vehicle ID 9~ # 1 GDCT14Z8M8800, as a $10,582 trade-in on the purchase of another vehicle 5. Approval of recommendation for computer system for Animal 97 Control Services and associated budget amendment #98-0169 6. Approval of request that Department of Aging be designated 107 Lead Agency for Home and community Care E31ock Grant funds 1998-99 and approve receipt of Home & Community Care Block Grant funds for 1998/99 and associated budget amendment #98-0170 7. Approval of Cape Fear Memorial Foundation Grant and associated 121 budget amendment #98-0170 8. Approval of award of bid #98-0299 and approval of contract #98-0299 127 for grate parts for the Volund boiler at W~STEC Facility to Ansaldo Volund A/S 9. Approval of resolution relating to the sale of surplus property owned by 149 the City of Wilmington and New 1-lanover County, Parcel Number R0054-10-018-014.000, 714 South 10`h Street for amount of offer $1,500 ITEMS OF BUSINESS .PAGE II NO. !" 10. Approval of resolution relating to the sale of surplus property owned 153 the City of Wilmington and New Hanover County, Parcel Number R0054-13-033-020.000, 206 Marstellar Street, for amount of offer I $3,715 . !_ 11. Approval of budget amendment #93-0171 to budget additional 157 revenue from fees. as jail population has exceeded the fiscal year ~. projection. The additional expenditure for food purchases will be offset by the greater than anticipated revenue 12. Consideration of Proclamation: Selective Service Registration .159 b • Awareness Month 13. Consideration of Proclamation declarin Ma as Osteo orosis Month 161. . g Y P 14. Consideration of Adoption of Proclamation Commemorating 169 the Armenian Genocide 04/•29/I998 14:.19 9103414628 MAYOR'S OFFICE„ PAGE 02 • City Council ~eSO~1~~14I1 _ •:.City of.Wilmington ' .. .. North ~CaroIina . lattiroduced by: Hamilton E. Hacks; Jr., -Mayor May 6, 2998 ~ 1 _ . o .- .. ` . , ,. RESOLUTION A.TJ'>(')E~ORIZING A REQUEST FOR A S~'ATE PI;ANNING ` , . GRANT FOR A, CONVENT)(ON CENTER . L1GISLATIVE TN'Z'ENT/PURPOSE: " ~ Tourism has become the area's major ixzdustry, supported by many facilities and • ' attractions. However, the area does not yet have a convention center, which could - • . accommodate many functions currently forced out-of state. Preliminary work undertaken by the Cape hear Coast Convention and Visitors Bureau and other groups confirms the • ~' : need for and feasibility of such a facility. • ~ The T3oards of Coznznissioners of Pender and Brunswick Counties have expressed • iztterest in a conventiozt center foi this area. However, considerable planniztg•needs to be undertaken to affirm the exact facility needed and its feasibility. - ' if funding is approved for a planning grant, an advisory board comprised of ' representatives of Trunswick, Pender, and New TJanover Counties and the municipalities of Carolzna, Kure, and Wrightsville Beaches as well as the City of Wilmington, would .. :.~ ~ ~ :, ,oversee .the: activities funded by the planning grant. , . . . ,. .. ~. . ~ < •. '. ;" RESOLVED: 'T'hat the Wilmington City Council does hereby authorize a request. to the Nortll Carolina ,Getleral ,Assembly for a planning grant in the amount of $750,000 to develop a •• plan i"or a regional convention, center. - `Hamilton E. T-Ticks, Jr., Mayor Adopted;at a ~ , . • meeting on 19 . , ' j ~ ATTEST: `. ~ _COU NTY COMMitQNY - °" City Clerk ~ APPROVED O° .. ~.. ~, f2EJECTED t3 ~ . • REMOVE® 1 .. HEARp la :_ _ . . ` ~ aA7E ., .... _ _ hljg7y !t ~.`„ ~~~ ~ ~~'~~~~ ~~V~ 7 ~ ~~d~~ ~' ~T~~ :~W HANOVER COUNTY INTEROFFICE ~ MEMO May 4, 1998 TO: Mr. Buzz Birzenieks, Commissioner NHC Board of Commissioners ~ FROM: Allen O'Neal Coun Mana er ~'~~ Q `~ ~' tY g Patricia A. Melvin, Assistant to the County Manage . (~ - 5~~~ RE: Adolescent/Teen Pregnancy Prevention Programs I have contacted the agencies listed- below to inquire as to whether they conduct programs addressing issues pertaining to Adolescent/Teen Pregnancy Prevention. Agency responses are indicated, and copies of program descriptions, if provided, are attached. 1. *Brigac~e Boys C~ Gir~s C~u1i -- No such program 2. *Coasta~ Horizons -- Personnel in charge unavailable 3. Community Boys ~ Gir~s C7u~i -- Summer program only, for ages 6 - 16 4. *Domestic vio~ence s~ie~ter -- No such program 5. *~ami~y services After sc~oo~ ~nric~rment Program -- No such program , 6. Gir~s, Inc. -- Teen Power, Will Power/Won't Power, Girl Talk -- ages 8 - 18 7. *NHC Board of education -- Sex Education Classes 8. *NHC Hea~t~ Department -- Adolescent Health Educator; Community Education Program; Women's Preventive Health; Teen Walk-In Family Planning Clinics -- 3 times per month 9. *NHC Community Hea~t~r Center -- Some Counseling by Maternity Outreach Workers 10. A~H:A.T. -.Wilmington Health Access for Teens -- Family Planning, Birth Control, Pregnancy Prevention, Adolescent Pregnancy Prevention, Peer Health Educators at Girls',. Inc., (females) Community Boys St Girls Club (males), and W.H.A.T. (males 8t females) -- Middle-School through College Aged 1 1. YMCA -- No specific program -- utilizes outside agencies to address health and fitness issues for youth program, i.e. AIDS awareness 12. YR~CA -- U~omen's Resource Center -- Health Dept. Pregnancy Prevention Counseling - 3 days weekly Those; agencies currently receiving funding from New Hanover County are identified by the asterisk (*) in front of the agency's name. cc: NHC Board of Commissioners Attachments - 2 ,~ ~~ .,. - v ~ ro .~ a s, .o > w ~ ~ a ~ c ~ ~ u-i ~ ~ y am. ro y a ro~ Q v •• Rc E ~ 'v ~v V p~ ~ ~. o O ~ o. c v ~ ~ ~ 'E `o ~ ' _~ ~ c ~ N c u a, o o ._ E w -fl o m ~ ,E r ~ ~ Q~' u ~ ~ ¢ -~ ~ E o a ~ ~ _ ~ r-1 ~ Ql n ~ rd C C rl nn ~ _ _Ur CCJ Gl ~' C -- ~ 'C7 ~ in y r ~ ~ 41 .~. a " in ~ O '~ ~ O QI ~ U ~ N V OJ ~~ `Y' ~G ~ C 4' '4 Q ~ ~ y - Cl O cq v, -~ ~ ~ b O s t ~- q`~ G~ .~ .G • , ~ Q U . ~ ~ ~ o~ .. O [~ -yl~, .- N can V Qi •r ~ ~ n7 'b ~ -U ~ _ o ro s '~, v ~ U~ ~' i ~ ~ U ~ ~- y -O •V i , ' - A ,: .. H V ' ~ N ~ . Q. O O C . ~ ~ U ~ ~ U. ro c y ' - ro ta. . ~ R s u ~ ~ ~ ro ~ v My ~ 'y ~ .G ~ ~ ` ~ «, ~ r3 ~ O. O ~ , O v N ~, ~ v, ,~ ~ U s ~ E ~ ~' ~ O _ c v u v o v, v E ~ ,W ~ c ,~ ~ v ~~ ~.,. ~, b ro ~ u ~ o ~ ~ c o ~ ~ -o ~ a ~~ ~ y ~, ~ ~ - ~ ~ ~' ~. N ~ C Q ~ . ro ~ ~ C 'a~. ..C ~ ~, ~o ~j ~ ^.. , a ~ 41 ~ U ' eq U ' y ~yi ~ V ti Majr-04:x•98 09: 49A ~ R _ 02. 1999. 02-'~ 09: a6 f~T21 P. 09,'10 ...~1 i , . ~ . G1RL3 IIVCORppRATED OF WILMINGTON, NC , - "TEEN POWER" _ • • y _ ~ "W~I,L POVYER/WON'T FOWER" -~ _. "GIRT, '~AI,I~" . • PROGRAM DIrSCI~iPT~ON Girls Yncorporated's progra~on "Tees Power/Girl Tall' is designed to build , ' social and life sloils, to promote pnrent-da®ghter cooamunicatioa, to band se~~- esteem, to .promote school attendance, to assist yowu~g vPOra~en in career ~ . e~ ~ ~ developaascnt and to teach good decision-malting slcdl4 to shave that their goals . . ~ . , . are obtainable witfi propet' direction and hard-work. ~ • ~. "Teem Paver/Git•11'all~' serves girls between the ages ai eight and eightee~u, , - ~ with approrimately $0% of the earollme~at coming from the I-oasing dtvelopment areas. The program provides edacational, recre~tioi,~l_and ' cultural ennich~ttent activities to file girls as they move through a series of tfirec . ~, age-appropriate components and the girls are taught abstinence a~d,:pexsonal . resposasibitity throughout each connpone~nt. . !. , ~ : y:2 ;.. ~ ° rThe coeatpr~ensivs protean wbuicli focuses on the positive aspects of . ~ abstfnence from teen se»nl aet#vity is boat ~terestiug and fun for the girls. . ~ ~. Tlhe proEraa~ is designed to attract their sttenHoaa first snd provide edncatio3aal cona~ponents secondly. The overall goal of the program is to e~apower ~E.rLs to be the best they can be. The prngrAtm also provides .. recreational activities to encourage attendance, because if the girls.are•not present, they can not learn. ~ ; Gtcls Lacarporated's "Teen Power/Girl Talk" prog~ram~ lass proven. to be very - successfa~l, with a SO% average attendance ~d a SS°/. rrtura rate frolm- year aa~e to yeatr two and 83%. average attendance in "Girl Talk", 79% in "Will • Power/Wo~t't Pourer aaad'70% iu "Teen Power" iai year, two tw three. The ` decree in atteendance as the group age up is pertly dns to more imvvlvement .; . _ iu schooVcommunityoctivities. ~. ,a :. { ~ ~~ NEVIr' HANOVER COUNTY BOARD OF COMMLSSIONERS • . REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 Regular Item it: 1 Estimated Time: Department: County Manager. .Presenter: Mayor Hamilton Hicks ,~ Contact: Chairman Caster 1 SUBJECT: '~ Presentation by Mayor Hamilton Hicks of the City of Wilmington Concerning A Regional Convention Center BRIEF SUMMARY: RECOMMENDED MOTION AND REQUESTED ACTIONS• FUNDING SOURCE: .ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAG NTS AND RECOMMENDATIONS: Hear Presentation. COMMISSIONERS' ACTIONS/COMMENTS: r coUNn co~MissloN~ts APPROVED C~--` REJECTED p REMOVED p POSTPONED ^ HEARD ' DATE ...,, ~l~ / • Tlris paa e interrtioirally left blank ~~~tS ~~~~~. ~~~~~~ 2 ~ ~~~~ . ~ ~ ~ ~~. ~' a t t NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 Regular Item #: 2 Estimated Time: 6:45pm Department: County Manager Presenter: Contact: Allen O'Neal SUBJECT: Presentation by Mr. Bernard Moses of Gordon Woods Subdivision BRIEF SUMMARY: Mr. Moses represents Gordon Woods subdivision homeowners regarding their concern about a group home. in the neighborhood which burned as a result of a fire set by a resident. RECOMMENDED MOTION AND REQUESTED ACTIONS- FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AN Hear presentation. Mr. Moses and of s pl matter be .placed on the agen COMMISSIONERS' ACTIONS/COM E ECOMMENDATIONS: ~ared at a recent meeting and the Board directed this COUNTY COMMISSIONERS APPROVED O REJECTED C] REMOVED POSTPONED D HEARD / DATE ~I~B~~ 3 MEMO MEMORANDUM: TO: New Hanover County Commissioners \(~.~ ~J\~ FROM: Wanda M. Copley, County Attorney RE: Family Care Homes DATE: April 9, 1998 , The question has arisen as to whether the County can prohibit a group home such as the one located in Gordon Woods. Thy answer is no. Attached please find a copy of G.S. 168-21 and 168-22. G.S. 168-21 defines a family care home as one that provides services to handicapped persons. The statute defines persons who are mentally retarded as being handicapped persons. G.S. 168-22 states that a family care home is a permissible use in all residential districts. Furthermore, the County is prohibited from requiring a family care home to obtain any type of special use .permit or variance in~ order to locate in a~ residential area. Thus, New Hanover'County cannot`usurp the-state .law in this matter.. .. WMC/kc attachment a i;~j~~~~$ ~'il`r. ~1~ cc: County Managers ~~~*`+''~~ Clerk to; the Boards ~ ~~1/~l`,it~ ~ t~~~'ta 4 `~ ~~ i~EW HANOVER COUNT`S ~ ~~ _ INTER-OFFICE ~:. 1 i ~~ ~~ §168-i5 CH. 168. HANDICAPPED PERSONS §168-21. The Department shall attempt to employ deaf persons in its vocational rehabilitation services for deaf persons and shall have at least one deaf person so employed. (1975, c. 412, s. 2.) Editor's Note. -Session Lawa 1975, e. 412, e. 3, provided: 'The intent of this act is to transfer the Bureau oC Labor Cor the Deaf fromlthe Department of Labor to the Department of Human Resources as a Type I transfer as defined in G.S. 143A-6(a)." Section• 1 of the 1975 act repealed §§ 95-?0 to 95-72, which for- merly provided Cor the Bureau of Labor for the Deaf. ' §§ 168-15 through 168-19: Reserved for future codification purposes. ARTICLE 3: Family Care Homes § 168-20. Public policy. The General Assembly has declared in Article 1 of this Chapter that it is the public policy of this State to provide handicapped persons with the opportunity to live in a normal residential envi- ronment. (1981, c. 565, s. 1J Legal Periodicals. -For survey of 1981 property law, Bee 60 N.C.L. Rev 1420 (1982). § 168-21. Definitions. As used in this Article: (1) "Family care home" means an adult care home ~c~ith support and supervisory personnel that provides room and board, personal care and habilitation services in a family environ- ment for not more than si_c resident handicapped persons. (2) "Handicapped person" means a person with a temporary or permanent. physical, emotional, or mental disability includ- in~ but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments but not including mentally ill ppersons who are dangerous to others as defined in G.S. 122C-3(11)b. (19S1, c. 565, s. 1; 1985, c. 589, s. 62; 1995, c. 535, s. 36.) Editor's Note. -Session Laws 1995, c. 535, which amended this section, in e. 37 provides: 'Rules adopted by the De- partment oCHuman Resources, the Med- ical Care Commission, and the Social Services Commission regulating domiciliary care homes prior to the effec- Live date of this act remain in etTect Cor adult care homes until amended or re- pealed.' Effect of Amendments. -The 1995 amendment, effective October 1, 1995, substituted -an adult care home' for 'a home' in subdivision (1). CASE NOTES Persona with AIDS Not Similar to of the legislature in providing fot family Handicapped Pereone. -The intent care homes was to provide handicapped ~.~ .~.: *~.~'~--S~y L~J x~ s~ J § 168-22 ART. 3. FAMILY CARE HOMES §168-23 persona with the opportunity to live in a interprets the family care home statutes normal residential environment; how-.. to include HIV residents; however, it ie ever, persona ~ with' full-blown acquired` not clear thaCthe Department of Human immune deficiency syndrome (AIDS) Resources-would also interpret the atnt- would not be similar to those handi- utes to indude residents with full-blown capped persona described in this section acquired immune deficiency syndrome in being able to be mainstreamed into(AIDS) within the definition of handi- daily living in a single family zoried ~ capped persons in subsection (2). Taylor neighborhood. Taylor Home of Charlotte ~ Home of Charlotte Inc. v. City oC Char- Inc. v. City of Charlotte, 116 N.C. App. lone, 116 N.C. App. 188, 447 S.E.2d 438, 188, 447 S.E.2d 438, cert. denied, 338 cert. denied, 338 N.C. 524, 453 S.E.2d N.C. 524, 453 S.E.2d 170 (1994). 170 (1994). -- The Department oC Human Resources § 168-22. Family care home; zoning find other.p:ur- poses. , (a) A family care home shall be deemed a residential use of property for zoning purposes and shall be a, permissible use in all residential districts of all political subdivisions. No political subdi- vision may require that a family care home, its owner, or operator obtain, because of the use, a conditional use permit, special use permit, special exception or variance fi-orn'any such zoning ordi= Hance or plan; provided, however, that a political subdivision may prohibit a family care .home from being, located within a. one-half mile radius of an~existing family care home. '~ (b) A family care home shall be deemed a residential use of property for the purposes of: determining, charges or .assessments rmposed by political subdivisions or businesses for water, seµ•er, power, telephone service, cable television,;garbage,~nd trash collec- _~ ; tion, repairs or im.provecnents to: roads, streets, and sidewalk, and ;. other services, utilities, -,and improvements; "and foi purposes of classification for insurance. (.1931, c:, 565, s. 1;" 1993 (Reg. Sass., 1994), c. 619, s. 1.) ' Eficct of Amendments. -The 1993 after that date, substituted the present (Reg. Sass., 1994) amendment, elCective section catchline Cor "Zoning; fnrvly care October 1, 1994 and applicable to home'; added the subsection (n) designn- chnrges or assessments imposed on or lion; and added subsection {b). ' ," , ., .. CASE NOTES A-group health enre facility for Quoted; in Taylor. Home oC Charlotte five nonrclated mentally , hnndi- -Inc.. p. City oC Charlotte, 116 N:C. App. capped lndtvldunls was a "residential" 188, 44? S.E:2d 438, cert. denied, 338 use oC the dwelling. Smith v. Association N. C. 524, 453 S.E.2d 170 (1994). Cor Retarded Citizens for Hous. Dev. Scrvs., Inc., 75 N.C. App. 435, 331 S.E.2d 324 (1985).' § 168-23. Certain private rz~reements void. Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use'' of property which would permit residential use of property but prohibit the use of such property as 9 _ ~~~ ~~~~ 4 §163-23 CH. 158. HANDICAPPED PERSONS §268-23 a family care home shall, to the extent of such prohibition, be void as a ainst public policy and,shall be given no legal or equitable force or s 1J 565 (1981 c effect . , , . . ~' • ~,,, . • .~ 7 ~ ~~ ~ ~ ~~, ~ `} ~ . .. ~, .. a 0 ~~ Y'r 10 8113 ZZ-t'Z"Z.TZ~~.~L~~"y--•~«l~^""11711-^-^""'~^ ~ • • _ :: i,' /., ;: ,.; .= ,. •; V - ~ fir';. ooacetrfc+anwnom-Mr.~:~.ncvr~znPPoo~o. ~ ~:v~.e~~-.• saw his nomination founder in 1995 when •he achnowl- ' , - ` ~'~ ` •~ ' - mpiled -by_the Federal -Reserve ,: ties. Those numbers have more than dou- ' - •ed ed that he had erformed abortions. • - '. ; '_`:' ` ~ :.,: --`. ~ hat stock investments made'up 28 ~~ :bled since 1990. ~ • :~ :` t '-~I)espite his.12-to-5. approval'by a Senate committee, . merican household • of A wealth ='- '; . 'The implicaaions' ofthis profound Dr. Satcher unexpectedly ran ;into. Erouble from con,- • _ , . , , -•-a.~measure `that iri-.` .'growth in stock exposyre are many. The ~:•• servatives last fall because he agreed with the press .: ~~ ==eludes. houses; cars =.. size of .their paychecks .aside;^mariy'^ . dent that a ban on a form of abortion in the late stakes -, S ; ' :~;•~~,.' ~j:aiid other tarigible:as="? Americans`are. feeling'richer as the value's ^ of pcegnancy'should. contain".an-:exception for the .; , /~ `' 'sets as well as finan-, of-their stock holdings rises •• ~ ' ~,.:; ' . . _ . health'of the mother ~ ,:r ,',1 '` . o - . . . . V . .. ,...:vial assets: , ' at he ; ,.... ~ : ': But with so:much in';stocks,- a sharp hical qucs~ .~ ' ' ~ Dr Satchcr's'-opponen~s ~also raised ct - , , , ~ _ • -~~'~•e`nd 'of °September;' ~;inar'ket decline' could seriously erode•the lions about expcrimcrits that•thc'Centcrs for Dise~s~ -,: - • t recent period for which•data are ' -.' financial well-being of Americans, even if ' " Control and Prevention had conducted iri which prep-. ~.~ And stocks accounted for -43 . ~.. their money is largely. tied up in long- -~ - nant Afric$nwomen infected with thc~AIDS virus w•c;e ' , of financial assets, which include ~ ~ term retirement plans. In years past, the : , given placebos. And they protested that the doctor bad counts, mutual funds and securi=:~ • :' ~ ::" 'p/e~¢ see STOCKS on page 4A supported a study of needle exchange programs , ` .. ~ .~,- _~. ~ s~_~=~ •: ~Mentall .~~~~ian lea ~e~ r - ._ ~~-s~~" ~ - :man faces ars•on~::cliar• e • _ - r-T fir: - i'~-~~r' -~.__ ~~~ J3'r`~"-- By VICTORIA CHERRIE r~=~=-~~~~ Law ~ enforcement ~ : ~~ ~.~ - StaJj W rates : .. , . - ~A~resident living in a. group home for. mentally handicapped people has been charged -with arson in a Tuesday fire that nearly destroyed the residence. .Investi- gators who said he belonged under the care of a doctor instead put him in jail, saying they had no other op- tions. Detectives first thought Frederick Afurray should be invol- untarily committed at a psychiatric hospital rather than face criminal charges. But he was charged after work- ers at Southeastern Mental Health Center evaluated him and released him, saying there was no reason to hold him, said Ncw Hanover officers had sought commitment. ~ - .` , County Sheriffs Detective Ed AtcAtahon. Atr. Alurray told investigators he started the 1 a.m. fire at 90-t River Birch Drive, which spread from a front bedroom through the roof of the ranch-style home. Damage vas estimated at 5125,000, said Aubrey Rivcnbark, Iv'cw Flanovcr County fire marshal. . Detective A1cAtahon said Air. Murray was taken around 4 a.m. to the Crisis Station behind the mcn- Please see FI Rl; or: page 4.•t icy: 30 acres and a feud polders, sought to have a judge decide who awns the property. But the case became decidedly more complex Monday, when a judge allowed lire 94-year-old Icscendant of a former slave to join the fray. She .ays her family was defrauded of the land in .939, and she wants i[ back. "It's a history is been a little muddled, and vc're trying to c~r it up,',';said Alan Toll, attor- icy for ~Vachovia. ,~ , The families of Karolyn°Thomas 'a;nd Atabet .Necks both.have been paying taxes on Ehc same 30-acre tract for: decades, holding. deeds they Both claim. are valid. ~ ' The.propcrt~~. is a prime ,piece of real estate. The area near 1~Vrightsville Beach has recently seen a boom in development, including expen- sive restaurants, a shopping center next to Landfall across Military Cutoff and another 'shopping aces with specialty stores nearby on _ Eastwood .Road. IVIs. alecks and her son, Hardy Parker, have been living on the property, maintaining it and raising cattle and trees, court papers say. It's part of a tract, of_ several hundred acres. They `have sold some of: it since .Hardy Parker Sr. acquired the deed in 1950 and.passed it onao his wife..-. The Shaw family acquired a deed for the same., . P4Yye see DISPt1TEo~t page4~l Acadelmy~ ~ - "1iCi:tl~~~tj 'Award ~~~ . .. _I-;rti'ul it ...; .•.. .-... nominees ..l:Ut.liilt:t., ~, • 'As Good As It Gets' ,~ ', "The Full Monty' ~I 'Good WiII~Hunting" 'L.A. Confidential' J Titanic" Robert Duvall, 'The Apostle" . hlatt Damon,. `Good V`Jill Hunting' Peter Fonda, - - "Ulee•s Gold" Dustin Hoffman, "Wag The Dog" Jack Nicholson, 'As Good As It Gets" ~~ Kate Winslet, Titanic" ' Helena Bonham Carter, "The Wings of the Dove' . Julie Christie, ; "Afterglow" Judi Dench, "Mrs. Brown" Helen Hunt, , "As Good As It Gets" Peter Cattaneo, ' 'The Full Monty" - Gus Van Sant, "Good Will Hunting" , Curtis Hanson, "L.A. Confidential" Atom Egoyan, "The Sweet Hereafter- `James:Cameron, `"Titanic" n su9 pl:«o; ?ELBA CCITCi~EY ive was estimated at aunty-fire marshal. A home unharmed. I .• .~' , ~~~ ~, }= ` ',i':~ z __, ~;-• .: mar= r~ :~c~~ ~`r~~ IS•~ d,;_ :T~ .' ~) C;l ' 1 ~`- 1 -•ai :~ ) ~l ~8~ Y 0 ; ~ I t ~`~ :`~ J ~~~~ . ,~ ' couraged rlnrericans, to spend more and save Icss. The Commerce Department reported last week that the rate of saving fell last year to 3.8 percent of disposable income, the lowest level in SS years. The saving rate has been dwindling since ,this bull mar]:et began in 19$2 and is now less than half its postwar peak of 9.5 .percent, set in 1974. ' What Americans do set aside for saving, they in- ' = creasingly allocate to stocks, rather than to more con- "' servative investments. That heightened interest ac- • ~ counts for about a third of the increase in stocks' share _ of wealth, with the other two-thirds coming from the - :rise in share prices. ' ' • And the timing has been good of late. Stocks have ' been gaining 30 percent annually the last three years. ~•• "It's been jammed down their throats that they have to put [heir money- in equities if they want anything Icft for retirement," said IVlelissa Brown, a stock analyst. "~ Still, the situation could be fundamentally altered if - stocks return to their historical gains of about 8 per- - cent a year. Concerns about how investors with bulging equity ,portfolios will react to a steep or prolonged downturn in stock prices hate plagued Wall Street for several _. years. "fo alias- fears of a panic, Wall Strce[ analysts ,, ... assets -half as much as today -and rmericans had more money in [heir savings and checking accounts than in stocks. "Individuals certainly are taking more risk today "than they were taking five years ago," said Scott Lum- mer, chief investment officer of 401(k) Forum [nc., which sells investment advice online. But how much stock is enough depends on who is talking. Wall Street professionals usually put the ideal portion of stocks at about 60 percent of one's financial assets. Some individuals go much further. Don 1Vlatsanoff, a 36-year-old commercial real estate agent in Columbus. Ohio,- believes he did not have enough money invested in stocks at the beginning of the 1990s. Less than half of his financial assets were in equities. By the end of last year, Air. Alatsanoff had raised that portion to more than 80 percent.. To him, that is still not enough. "With the returns ['vc seen in the market o~•cr the past few years, I'm putting a considerable percentage of [he income I'm making at work back into the mar- ket," he said. "I'm confident that it will continue to grow." '" ~~ ~~ 2 - 1l - ~~ Southeastern seas on the piwnc He said the mental health with a supervisor discussing dir. a;cncy contracts with other agen- - Continued fi•o~~t pave IA tai health center, a place where - mental patients can be taken after -hours. IIc said he expected com- - mitmcnt papers to br tiled sending ' itir. 1tlurray to a ps_:chiatric hospi- tal. • Instead. b.' 10 a.m.. Southcast- . ern concluded h~ was a dargcr to society-, but knew right from wrong, the det~cticc said. "f[c said he wants. to go to • ,prison where his friends arc." Dc- tcctive Ale\l; han said. Thcrc. he can "start occ: asain." the dctcc- ticc said. "1-Ie said he's been upset." he said. "I-ie liken people. but they make him mad and he doesn't know why. So he has to burn somc- thin~." Ffe said \(r. Murray told him that if he is re!cased, he'll burn something else. Bedding and clothing stacked on abed fueled the blaze that was set while a worker contracted by CITRUS UNLIMITED'S FRUIT TRUCK LVr :' 3'^. e 3t the tt_nnoRT !~Iurrav, Detective hlc~lahon said. Air. i`turray, the svorkcr and an- othcrclient escaped from the burn- ing home unharmed, Alr. Riccn- bark said. I`cw Horizons Concepts Inc., a \en- Bcrn company, runs the home for Southeastern. (htcr- ticc Alc~lahon said the home's other resident scould probably be transferred to another. \cw Hori- zons home. The 36-year-old also confessed to setting a car on fire in ~ovembcr that seas parked outside another group home svhcrc he lived at fill" Governors Road. Detccti~~c plc\[ahon said. The l~~a:3 Oldsmohilc bclun~cd [o a ~ruup home worker. -The group home's occupants moved after the car fire and an- othcrsuspicious blaze in the s.•oods behind the home a day carlicr.Thu Governors Road home had been occupied for about a week by \cw Horizons. ticw Horizons' director, wis Price, said Tuesday "there is no information right now" and hum; u p. Art Costantini, area director of the Southeastern iVlcntal f Icalth Center, said he could not comment about the typo v( group home \lr. Murray lived in because of cun- fidcntiali[y laws protecting clients. .-• _ ~,. row c:crc n:,.~;~t:: and 1,,.,.~ .. . s~:. rl,~ I;11~,1.~,~ ~:: .' 1•~mm~iml\'1•, nl.•.•1_YN 1)I~.,n.4~r ~f1\r r ~ ties to provide sen-ices such as housing, independent (icing and vocational training. He said clients arc analyzed be a psychiatrist who determines if they arc responsible for their actions a.^.d arc a Bangor to othrrs. ~ pcr- sm ran be committed to a me^ta! i;a:itutiori based cm results iror.:::r. c~~aluation. [3ut the doctor cc~u!d also prescribe outpaticat trcat- r,:ent. medication or not;.in~. Dr. Cos:antini said. .~ftcc dctccticcs discussed the casr with the district attornec's of- t:~c. ~[r. Murray was char~cd s~•ith t:: st-dctircc arson and burning of pc: sonal property-. IIc was bcin~ held Tucsdac right in the ticw Hano~'er Counts Jaii in lieu of S 10,000 bond. ~icanwhilc, hir. \Iurrac's ncigh- bors were disturbed to learn who (iced in [hc home. "Cm very upset about it. I have a a-scar-old daughter" who plays in the ,col-dc-sac,. said Debra Bcll. ~~fio lives across from the group home. "[don'[ think it is the proper. place for this." ~Irs. [3cll said she suspected but didn't know it was a group home until she he:crd about the fire. She didn't know the .kind of clients - . {: howed there. ~ ' R~giaral Edilor Scott Ii7 '•uant aurl sfc{(f tcritcr L'tffic Feuu~car- lriurrtrd fu this report. Gifts, .Gifts, Gifts 1/isit trs fvr that ~i-.~inl~rin Utlvntirtf' Gift.' c: ., ~e#zt~on: Ag~i»st ~~~~~~!~ ~~r~l~~ I~ee~~e~~per, I»c. ' , ~ Concerned Rzsidens of Gordon Woods Residential Area February 14, 1998 To Whom It .May Concern, , ~ • WHEREAS, The residents of Gordon Woods Subdivision Proclaim this listed date, that the Declaration of Restrictions contained in the by-laws of Gordon Wood, Section 4 - Article I~- Part I states: No lot shall be put to any use other than for single-family purposes, except that the Developer reserves the right to~convert any of the lots shown on said-maps into a street right of way. • WHEREAS, Part 8•states: No commercial trade or activity, or any noxious tJade.or activity whatsoe~~er, shall be carried on upon any Iot,~nor shall anything be done thereon , wl-~ich may be, or may become, an annoyzr:ce or nuisance to other lot owners. \VHEREr1S, -Part 10 states: All bu;?dings, s~:~.:.:::~:_cs a•~d.Lhcir appurterazces shall be m^intainec! in a suitcitrle stare of repsir, and ir! the evert of des:rcctiorrby fi:•~ ~r o:l:er " casualty, premises re to be clc..rcd ,,.:i~~ ia~bris removed wi_h:r:'rinety,(SO) days f.-om date of stch rss~.ra!ty.. .. WhEItEAS, Part 21 states: Ary F~r~:cn or entity ow•nin~ :iny lot or lot; in sa;d, sub;livision shall have the right and r:~thority to bang appropriate legal.proceedinSs to' present violations of or enforce these restrictions and/or d~unages for such violation or, violations. .. \VE THE UI~rDERS1GNED, hereby Petition the New I~anover County Board of Commissions, and they County Attorney to: 1. Take appropriate steps to compel the Developer to abide by it's own by'-laws. 2. `rake steps to protect oui neighborhoods from indiscriminate uses of private property.~not in accordance with local~zoning ordinances: • 3. To prevent New Horizons Concepts.Inc. and Southeastern Mental Health Center from ` re-establishing She group home "for mentally..impaired individuals at 904 Riverbirch Drive, NC 284OS and throughout the Gordon Woods Residental area. ' Signed: .~ . hP.ME ADD1Lr:SS ~. -~ ~~ -- - t ,~~ Z/~ n ~ ~ ~ oZ~OS W/NT ~ ~'s' ~J 22/ /~'I ama~ ._, ~ ~ ~ ._~~ -:~. ~ ' ~~~ / ~ I (~ 2'~1/l~ ~~ -! •~ \ ~ -/l '11~ •1 `~~1.ti.Z ~ C ~ ~irn ~ J~ o~ l o~ `7 J~.1lrt~~1 -~yc.-,~ a Qm ~~ .~ fYl,~~ ~C1cu,~.i.~t `~ ~~.~~ 1 ~o t.~~~ rir~c~~ Q-,^ Concerned Residents of Cpordon Woods Residential Area ADDRESS -;. ~~j~, ~. v ti / 11 oss ~~~~~~ - ~ - -~ ~... ., ~. NAME.- .' ~~ Concerned Residents of Cordon Woods Residential Area ~`} ADDRESS' ~` v ~ ~~ y G.-~ ~~~~ ~ ~ Q 9~ 9 ~ /~~~ ~1 ~ ~ ~r ~R~ . rv Q - ~ 22c~o -~K~k- C-f- . -~ ~ ~ ~,, ~. - . . ~ ~ 1/a .fin ~ ~~~ .. Q' v ,r c1 C~~Q o ~ " U~c~ fczS ~;~~ ~~ ~ . .. a ~~~~ ~ ~~ IW Rd . _ ~ _ ~ S ~/~~ Q ~~d .. fl 0.4 -~c~s~ ~o . ~~~ G~~ ~ ~ ~~ 12 ~.I p ~'- ~1- r'~-~-C v ~ ~~ SS rc a ~~~ S why ,~d .. .~' , v ~~,_ IJYi+~ I IP~o~~ 1 ~~~ rJ~~ ~~~~m~i ~(~ ~r~, /~ ~ , y~ _. ~ ~ ~ C ~~ -~"-~"-cam f „ ~~ _ ~ o- -- r ~ s~-zn ~o Q ma ~ ~~V !i-i 1 ~1 ,- :~ . . .. ~~ /I ~ ~ a~- . 0 C'/-- I~r,~. ~ ~ ~- ~~~~ c~~ '703 70~ Concerned Residents of cordon Woods Residential Area ~, ~ ~T ~~~~~ ~ 2Z0 ~ c ~~ z A~l~,~,~ [ c-q/ G x ~ c, T'U ,,., ~i . Once: r,ed Residents of Gordan . - ~ Woods Residential Area ICcn ~ ~I b 5 ~~ ; . ~ :~.._ . .. _ ~~fi ,; (a~~ 4. ~ ~C ~ ~ ~ .. ~I ~, ~~ry' .~ h - ~ ~ ~ rl , ~~ ~ ~ ~ ~' 1 ~~ Soi~thea~~ertt Ceytt~~- ... For ~~ Mental Healtyi, Developmental Disabilities & Substance Abuse Service .BRUNSWICK CENTER NEW HANOVER CENTER PENDER CENTER Governmental Complex P.O. Box 246 2023South 17th Street 803 Sown W.ikn Sttat Bolivia. NC 28422 PO Boa 1230 P.O. Boa 962 (9l0) ZS)~•i85 wlmin ton. NC 28602.1230 B Bwgaw, NC 283_S FAX (910)253-7871 (910) 2S 1.66.10 ) 1 . - fAX (910) 251.6557 ~- FAX 9 10) 259 )Ss1 Arthur F. Costantini, Ph.D. 1-800-293-66.30 Dr. Gregory B. Camp Area Director Medical Director April 20, 1998 niJ LC:.Jra J Bel l 903 Riverbirch Drive Wilmington, North Carolina 28405 Dear Ms. Bell: i ~ ~ 2 1 lyi3 Thank you for your letter concerning the New Horizon's Group Home in Gordon woods . Your letter was dated 04/03/98, and I received it 04/14/98. I have spoken with the Administration at New Horizons and they assure me that the individual in question will not be returning to that group home, and that the property in Gordon woods will no longer be used by their agency. If you have questions about. SEC's general procedures for placing clients in group homes, please contact me and I will be happy to meet with you to discuss these. Our objectives are to integrate our clients into the community in ways that are not detrimental to, nor threaten the safety of, any other community residents. we understand your concerns and I will be happy to discuss these with you at anytime. Si._csrely Art Costantini, Area Director AC:mlf cc: Pat Melvin An Epuel Opportunity Employer and Sernce Provider d ArR i 4 1998 j April 3, 1998 Southeastern Mental Health Center . 2023 So. 17th Street ~- ~ ' Wilmington; NC 28401 Attn: Art Constantini Dear Mr. Constantini, We, the residents~of Gordon Wood Subdivision, are writing to voice our concerns and oetrage at the recent fire at 904 Riverbirch Drive at which one of its residents started the fire. ' Mr. Murray, the resident accused of starting this fire, was supposedly evaluated by Southeastern Mental Health Center and released to a New Horizon's Group Home. We have much concern over this matter. How~could Mr. Murray, a kno~tin arsonist, be released to be placed in a family oriented neighborhood? This man is a danger to himself and all those around him. What benefit to a mentally unstable man is there to being in a group home where he is not welcomed., Group Homes are for "Handicapped~person" including mentally.ill; but not mentally ill persons who are dangerous to others. (G.S. 122C-3(11)b. We understand there are confidentiality laws protecting ti1r: Muiray's rights; but what about our. rights to live in a safe neighborhood. Our rights were violated not Mr. Iv1un'ay's. Does some innocent child or adult have to be .injured before our rights are protected? We feel Mr. Murray slipped through the cracks and was released to live in a group home even though he definitely is a danger ~to society. At least we hope fie slipped through the cracks and this does not happen often. Maybe more evaluations or testing should tic done on these people to protect us. We are presenting our petition to New Hanover County Board of Commissioners on April 7th. and hope to to get some answers to our many questions. Sincerely, r~~. ~~ Debra L. Bell, Gordon Wood~Residents 16 ~~ ~~, ~~~ ~, . ~~. NEW HANOVER COUNTY BOARD OF COMMISSIONERS . . REQUEST FOR BOARD ACTION ~- Meeting Date: 05/04/98 - ' ' ' ' Regular Item #: 3 Estimated Time: Department: County Manager Presenter: Judge Gil Burnette ' Contact: Andy Atkinson SUBJECT: .' Presentation by Judge Gil Burnette for the Project for Happier Lives 'BRIEF SUMMARY: Judge Burnette appeared before the Board of Commissioners at their January 5, 1998 meeting to request approval to apply for a CHIP Grant (Community Health Improvement Program). This is grant applicaticn to Cape Fear Memorial Foundation for $79,200. It is intended to address problems of teenage pregnancy in New Hanover County. The Board expressed concerns about how the grant money would be used ar,d requested Judge Burnette to revise the plan and return at a later date to reconsider approval of application for the grant for Project for Happier Lives. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS- Hear presentation. I have not received a revised plan from Judge Burnette. However, I understand the changes to the program are that money will not tributed, but other incentives will be in place such as vouchers for groceries. COMMISSIONERS' ACTIONS/COMMENTS: ^ - COUNTY COMMISSIONERS: APPROVED ^ R EJECTED p REMOVED p POSTPONED G~ ~ T HEARD f~ DATE .,,5~ f~~~~ / ~ ~ /re m,ek.da~li'on Auaa~f dec;~~ w l fad • 1-Fe ~.~- ; REQUEST FOR BOARD ACTION • Meet . E ing Date: 01/05/98 ., ..a.~ulai i«lli rr. ~ Consent Item Fr: Additional Item R: Department: Health Presenter: $etty Jo McCorkle/Judge-Burnett Pa a Count In A ends Packa e: 14 Contact: Bett Jo McCorkle SUB.TECT• ' Re-consideration of Grant Application "Project for Happier Lives" Cape Fear Memorial Foundation BRIEF SUMMARY: The Board of~Health approved the. "Project for Happier Lives" grant application at the Board of Health November 12, 1997 meeting. This is a grant application to Cape Fear Memorial Foundation for 579,200~~ The goal of the "Project .for Ha ter Lives" rant is to reduce the teenage re PP g ~_ p gnancy, rate and reduce th~~ ,. problems teenage pregnancy creates. ' ' ., ' • ,. RECOy1MENDED NtnTiON AND RF(IUFSTFn A TlO~S• Approve grant application for "Project for Happier Lives" to the Cape Fear tilemorial Foundation and if awarded accept grant. .t FUNDIN(; SnURCF• .~ Federal S: Sta~tc S: County 5: User Fccs S: ~ ,.,Other 5::5,000 I ~titoney Is In Current Budget: IYo New Appropriation Request: Bud ct Amendment Pre arcd: t`Io RFViF~V D BY: LGL: APP WCOPLEY FIN: APP BSHELL BUD: HR: N/A AIviALLETT rir~ ~,T! S2UNTY N1ANA .FR'S CO~ti1~iFNTS AND RF nti1~1FNn~1Tit7\S• Recommend the Board of Commissioners hear the presentation. There- are components of the scant application fo+r-thepttproposed pro;~~rarrt that break with the mainstream in terms of rewarding behavior. ~,; Ww 1'~i•`4'~,LwhrrOd'~ii' ~ ! - .r ~r'IYIIVI ~~~)1~~/1`1 CILJ The Board-heard this t~tem~,,atythe-'last Board meeting and asked that th the 1/x/93 meeting. ~~ ~'0~~1~~ APPROVED O r~ ~'~~ REJECTED O v f ~ ~'~~T~°"~ REMOVED O 1 ~ • Q~AJB POSTPONED t~a(,e ~~ ~t ::;;'°`'"'~'`" R~ef~er to OfYiee Vision Bulletin Board for Disposition HEARD . ^ ' ~ ~ . DATE ~ l r...._-. ~ .., ~. --- -- - - - J ~.____~. a component of the Community Health Isnprovcment Progra.rn of New Hanover R.e~ional Medical Center PROJECT FOR HAPPIER LIVES "Snap;hocs" for Proposed Project See Attached GIi3~i.)~L;i~'~'i:V.J I tYiUW ~- t73~OR`+9A G ~; ~'C'"A3R C ^'T20~ ~ Q ] /i'J i ~, Oniv'=i 'r ^ r 3TACf 33 19 .. ~' .The r1ew~Hanover County Department of Health provides quality health care, preventive medical grid dental services, and environmental protection for the citizens of Ncw Hanover County. The Women's Health Care Division, specifically, is comprised of two separate areas of cart: Women's Preventive Health (family planning), and Maternal Health. The mission of this division is io provide primary and prevcntivc health cart, counseling and education to females of reproductive age and beyond; through a holistic approach; to improve and enhance the quality of life for themselves and their families. Specific clinical services for women's prevcntivc health (WHC) and prenatal patients includes complete physical exams, labwork, diagnostic studies, education, treatment and referrals as indicated. Health department staffconsists of rcgistacd nurses, social worker, health educator, nutritionists, and clerical support personnel. Women's Preventive Health Services are housed at the health dcpamncnt. I~iatcrnal health services arc housed at New Hanover Regional Medical Center via their ob/gyn residency training program with collaborative participatio^ from hospital and health department staff. Health depar~ent services are.provided on a sliding fee scale based on income and one fee is inclusive of all services. Hospital services arc charged to patients according to established fees. Medicaid is accepted through both the health department and the hospital. '. Describe your organizatioa's structure and attach a list of your officers and directory t.. 4 The mission of the Ncw Hanover County Health Dcpartincnt is to protect the public 6calts u:d environment, promote healthy living and optimize tht: quality of lift through prevcntivc, restorative, environmental and educational services. The health dcpartzncnt was established in 1879 and has functioned with a Superintcndant (presently called.. a Hcaltb Director) .and a hoard since [hat time. The 'committers' of the 1879 health e'cpartment have currently expanded to eleven (11) divisions. These divisions arc Adminis~ation, ~'~nimal Control, Child Health, Communicable Disease, Community Health, Dental Health, Environmental Health, Health Promotion, Laboratory, Nutrition and Women's Health Care. (Sec the att:.ched list of Boz d of Health Members.) 1. Describe the probleminced'that the program/projcctwdl address. Teenage pregnancy in Ncw Hanover County (sec slats) Lack of eomnnitment by teens to access services available to them which would help w1L~l the problem of teenage pregnancy Teen ideology that pregnancy and parenting is desirable as a means of establishing independence and maturity; guaranteeing unconditional love, cte. 2~D~ tribe the ob'ective of the ro'ect/ ro and indicate how individual lives of the J P J P tom? 1~ 3 . 34. . t_- .. ~ . t -:~':.~: - :~ , ~::: recipients will be changed and what benefits arc expected to result. " ~'~`>' . .6. . The objective is to prevent teenagc pregnancies among volunteer participants (ages 13-`:~~ 19) for a minimum of one year. This program will be offered to any and all participants in this age range. It is hoped that the program will be czpandcd in subscqucnt years upon documentation of its success in reducing teenage pregnancy rates in Ncw Hano~•cr . County. '. .. . Pregnancy prevention, not pregnancy termination, is the objective of this program. Phis program does not endorse abortion as an appropriate means of pregnancy prevention. Therefore, abortion during the project year will disqualify that participant from the monthly drawings and the end-of -year drawings. Human life is of the highest value and will be emphasized with this project. A secondary objective is to cducatc teens about the advantages of delaying pregnancy past the teen years which will provide additional time for the maturity process to be complete and will increase the chance for life succcsscs such as completion of primary and/or secondary education, wage earning capacity and productive citizenry. Decreased health risks arc also associated with dclaytng pregnancy past the teenagc years such as premature delivery, small for gestational age birt:4s, child abuse, juvenile delinquency, sick and disabled babies, etc. It is hoped that the educatioa3l efforts mill stititulatc and motivate the teen participants to delay pregnancy past year one and into subscqucnt years. Ocher benefits include the exposure of positive role models (volunteer carec~ woracn, etc.) through monthly planned health education topics aimed at positive behavior modification; improved health priorities such as cancer awareness, fc,:uninc hygiene and health promotion strategics to include improved skills in the areas of decision-making, refusal skills, and goal setting. Creative strategies will be utilized in order to entice teens to participate in educational offerings, programs, etc. Tltc'swcepstakcs" thcmc may be cmploycd.in order to prescnt concrete information in a'packagc' that is familiar, exciting and motivational for tccn participation. Monetary' incentives will be provided through a drawing for tliosc participants who follow swccpstakcs instructions. { In order to validate the honor system involving maintenance of a pregnancy-free state throughout the year long program, pregnancy Tracing (random) will be available at program director's discretion to be conducted at the monthly mcctings. 1 'r "> • 's~ '.-~ :=:. Describe the strategies you will develop to accomplish the objective. 14 21 35 ~~ _ - IrlcErrrlvES A- Monetary incentives will include monthly drawings for participants (525.00 cash or equivalent gift) . ' B- End of year drawing for five (5) 55,000.00 `succcss,grants" ~~ "• Option: Bonus drawing for the SS,000 could. be awarded ten (10) months . following the end ofthe project year- if no child has been boon to the successful ... individual: If a child has been born within the ten~(10) tnoath period, the SS,000 will be awarded to the runner-up if no child has been born to het during the same period. An additional mone incentive could be identified for the male " e " ' ~}! partn rs through allowing the female participants to "split" the SS,000.OO.with their boy~icnds to share ~in their year long pregnancy-free success.. '; ~1 .i i i 1 EDUCATIONAL. SESSIONS bfeetings will be held in geographical locations througl;out the county in response to the residences of the participants:` Content of the meetings was u Briefly outlined in the objective section of this proposal. The emphasis will be on holding meetings in. a,neighborhood setting in order to create an environment of con- . threatening warmth. Times will 6e chosen to.mcct the nccds/schcdulcs of the teens and. sessions. may be repeated in order to reach all participazt_s. Depending on the response, four (4) or more'sites may be established t.~.ro'ughout the county to be ~:• held each month. It may be necessary to conduct'scparatc sessions to accomod`tc L`~c difference in ages. Transportation will be provided and/or arranged in order to decrease any transpoRacion t barriers for participants to attend all monthly educatioe~l sessions. A committee would.be-established to zssist,thc 'winners' with a wise-spcndin3 plan foe the SS,000.00. This would be,a ongoing process from the beginning of the program through the educational sessions and discussions ofgoal-setting, decision-making, plaruung for the future, etc. hfore specific assistance would be given following the announcement of the 'winners'. .. Utilization of the New Hanover County Health Department Agency and some of its staff would allow for a quicker start foe, this program. Con_sidcrabIc time would • be saved without the need to establish an organization,- immediately hire staff, ; etc. The health department is a well-established and sound organization with well ', qualified staff who have long-standing experience in the area of pregnancy prevention. Volunteers would also be utilized as program participants. 4. State how, when, and who will conduct an evaluation to measure how well your project is meeting its objectives. Several options could ,be utilized for the evaluation of the program: ~5 , 36 , a I _, _ l .. r -Compare teen pregnany statistics from another comparable county which does not have a similar program ~. -Compare the birth rate among participants at the end of the project year + ten (10) months with the birth rate in the general teenage population for that same time period. Conduct surveys throughout the educational sessions in order to assess knowledge -pre and post testing - Coritract with an agency to conduct ongoing and end-of--year evaluations -Suggestion: Coastal Area Health Education Center (AHEC) Research Depan.;~cnt -- Appoint an Advisory Board to meet regularly with progr..m lcadcrs and panicipants in order to conduct ongoing evaluations and to offer guidance, support and direction to the program. This board would consist of the Ncw Hanover Counry Attorney, a psychologist, a marketing rcprescntativc, program lcadcrs and program participant. 37. ~~ 23 ~, e g ~t 0 i e BUDGET CHIP Grant Pro osal P . • ,,. Grand Prize Incentive , ~- ~ ' 525,000 -- 55,000 x 5 ~ ' Public Relations ~ ~ ~ 8,500 Monthly incentives @ $2~ each ~ 2,500 Staff (1 full-time facilitator/ organizer/.planner) 30 000 Space rental -monthly education sites (if needed) ~ ' ~ ~ 5 000 Food (monthly meetings) 2,500 Postage 500 Computer/supplies ~ ~ ~ ~ 3,000 Van rental ~ "' ~ ~ . 2,500 (550/day, 4x/month/12 months) . Evaluation ~ ~ ~ 5,000 Field Trips . ~ ~ 5,,000 GRANND TOTAL .' . S89,500 Application to Capc Fcar Foundation _t~~ n X BALA~~ICE REQUESTED SZS 00 In-Kind Expenses S25,000f - Health Department staff time, building use, telephone use , Wilrnia~on Housing Authoriry staff time, various volunteer time 24 38 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 Regular Item #: 4 Estimated Time: Department: County Manager Presenter. Mr. Harry Dorsey t ,, Contact: Allen O'Neal "~I . SUBJECT: ' '! Presentation by Mr. Harry Dorsey on "Diversity in the New Hanover Coun Inspections Department." ~ BRIEF SUMMARY• .~ ~( RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear Presentation. a FUNDING SOURCE: ATTACHMENTS: ~t 1TEM DDES NOT REQUIRE REVIEW ~~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentatio Dorsey has not provided information beyond the formal request to appear before the Board. COMMISSION RS' ACTIONS/COMMENTS- ~. ~. ~. COt1NTY C4M~I$S{dAtSi APPROVEp CI REJECTED Q REMOVED Q POSTPpNED O 2 5 HEARD ~~ s ~- 9 ~'. GATE .......~,,,~,..o,,.,.~,`~~~ ¢~jVe ed -f-a CJ/N'~YN.Gt. '(~. i a ~ 0'~ tc~. X15 V r 1 To:~ ~ Mr. Bilf Caster ' ~_ ~ ' Chairman, New Nanover County Commissioners From: Harry Dorsey T/~~' Member of the (New Hanover County Electrical Journeyman Board) and, Licensed Electrical Contractor Date: March 30, 1998 Re: Diversity in County Jobs - Please consider this as my formal request to be placed on the County Commissioners' meeting agenda for May 4, 1998. The subject matter is 'Diversity In The New Hanover County Inspections Department And Beyond". My telephone is (910) 343-9600. .-' "~ ~~ ~~~ ~~r~,sa~,i ~~.~ y ~~fif'C~`1~A ~L 2 6 ~~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACTION Meeting Date: 05/04!98 Regular Item #: 5 Estimated Time: . .- Department: County Manager Presenter: Contact: Allen O'Neal SUBJECT: Consideration of Renaming College Road to University Boulevard effective January 2, 2000 BRIEF SUMMARY: Or. James Leutze has proposed renaming College Road to University Boulevard effective January 1, 2000, as part of the UNC- Wilmington's Golden Anniversary celebration. It is important to note that a formal public hearing process must be complied with in changing a road name, including notification of all affected property owners along College Road. In addition, there appears to be some potential road name ~ duplications conflicts, e.g. there presently is a University Orive. RECOMMENDED MOTION AND REQUESTED ACTIONS- ,~ FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS~ The Board should consider the proposal, possible benefits and impacts. COMMISSIONERS' ACTIONSlCOMMENTS: COUNTY COMMISSIONERS APPROVED D REJECTED p , REMOVED ^ . POSTPONED ^ 27 HEARD ,~~ (~~'~- DATE _.! 4 ~~lh,~~ C0YYIVYL ~ ~.Q, ~ ~ r ~ ~ ~~ ~~~. I[ THE UNIVERSITY OF NORTH CAROLINA AT WILMINGTON April 14, 1998 Mr. William A. Caster Chairman 310 Brookshire Lane Wilmington, NC .28409 Dear Bill.:. a.~.u .. ~ ~, ~ ~; •~~ I . ~ G~-~ _ As we near the conclusion of UNC Wilmington's Golden Anniversary celebration, I put before you an idea that I believe has enormous potential to add to the growing prestige,of the ~ /, university and our region -the renaming of College Road to University Boulevard effective ,~~ January I, 2000. ~~ Throughout the Past .fifty years, the prosperity of Wilmington. and New Hanover County and the growth of the University of North Carolina at Wilmington have been intertwined. As you know, UNC Wilmington owes its existence and current campus to the visionary predecessors in county government. The university has advanced far from those early days in 1947 -from 238 students to nearly 9,400; from atwo-year junior college to a Comprehensive I-university offering master's degrees and consistently performing among the top four universities in the 16-campus system; from a germ of an idea to link higher education in Wilmington with the proximity of the Atlantic Ocean to the number five undergraduate marine biology.program~ in the world as rated by the Gourman Report. ' In addition to its academic achievements, the university enhances the overall quality of life in the region and serves as a magnet to top executives and professionals who are retiring here in increasing numbers. I encourage you to act now as we approach the culmination of the Golden Anniversary Celebration. The name College Road served the community well during the era of the college's move to this site in 1961, its evolution into a university in 1969, and now to its present maturity. The name College Road reflects history but not the present reality or the bright future before us. It also leads to'~on~f~now~~tha~l,Capv Fear Technical Institute has become Cape Fear Community College. ~ 4~1l~~f~~;.-~ ~~y Ali "~y~! a!~~ ~~~bd $.R..7i 2 8 k ~> E ~~ 601 sOUiFi`COLLECE ROnD • WI[-tNWGTON, NORTH CnROUNn 28403-3297.910-395-3630 • Fnx 910-350-4050 _. April l4, 1998 Page 2 My request is that you rename College Road to University Boulevard effective January I, 2000,, to signal to this community and the rest of the world the reality of the prestige and respect that UNC Wilmington now enjoys. The January 2000 date will provide l8 months for businesses to change stationery and related items. Linking the change to the new millennium will also send a powerful message of your support for UNCW's achievements and its future. ~ C~-c~-~-t-'~~ ~..,,.....,~~.,,,~ i , ~ovu .---.. fn August 19y7, %ity Council and the Board o: New rianov;,r County Commissioners marked ~,,,, ~ ^ the university's founding with resolutions and your participation in the Golden Anniversary's official opening convocation ceremony. Now, I invite you to make this change and join us to ~~ ~ ' - officially announce it at the Golden Anniversary's grand finale gala on stay I S as your ',~~? contribution to commemorating our 50 years of continuous progress. The theme of the gala is "Lighting the Path to the Future." With the renaming of College Road to University Boulevard, you once again have the power to impact our intertwined futures. By elevating us from "college" to "university" in the street name University Boulevard, you will influence the public's perception of UNCW. Reinforcing the presence of the university will also enhance our regional self-image and eliminate any future confusion with Ca e Fear Communit P y College and its location. Thank you for considering this request. I look forward to hearing from you. With all best wishes, James R. Leutze ~ 29 ~3 0 .- t NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meetin Date: 05/04/98 . 9 Regular Item #: 6.1 Estimated Time: ~: Department: Planning Presenter. Dexter Hayes ' Contact: Pete Avery SUBJECT: Special Use Permit (S-428, 4.98) BRIEF SUMMARY: Request by Cornelia Nixon Davis Health Care Center to construct a 63 unit assisted living care facility. The property is located on Porters Neck Road on the existing nursing home campus and is zoned R-20 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. FUNDING SOURCE:. :~ ATTACHMENTS: 5 pages and a large site plan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: ~. ~ ~ caulvn C~MMIl4NERS~ APPROVED C~~ REJECTED d + REMOVED CI ~;#+ POSTPONEp O HEARD ± ~~, /DATE `~ ~ ~ ~~ l-(Md r~-r~, •. her n-LU,ot ~~c~r~~~fie a..~( ~ d e~t cl Zu.c. ~ es 5u. t~.i-ff~l b~ H ~ ~'nc mr.~.s/~a-Qi ~' ~c• A Il de~u eucies -'~'u,~.at be C'Orrec~al '~'1~ b,Y~ ~-; ~ e a ~erl~~'ca-fe ~ ac~upu.K.~. y is ,'ssueJd av- L~. ~~ih !Z ir,.ori-~, s, cdlvcl eta- C~in~.e s ~;'rs36'. Item 1 ~ .. Special Use Permit: Request by Cornelia Niaon Davis health Care Center to Construct a 63 Unit Assisted Living Care Facility. The property is zoned R-20 Residential. (S-428, ~\ 4/98) .. . ~ .. NOTE: The proposed facility will be located on the main campus of the health care center. The existing health care was constructed in 1967, about 4 years prior to the adoption of zoning for the area. It encompasses about 100,000 square feet and is licensed for 199 beds. In June 1992, the health care center added a geriatric clinic in an existing one-story building located in the southeast corner of the campus. To accommodate the clinic, the owners had the property, including the health care center, rezoned to Conditional Use Office and Institution. This action permitted not only. the clinic but,brought=the health care center into compliance with local zoning: ~~In January 1998, the conditional use plan was revised to permit the conversion of the on-site residence manager's house into'an adult day care service for up to 15 adults. There have been no other changes., The applicant ultimately chose the special use permit process instead of rezoning the property to conditional use 0-I because the initial site plan could not satisfy all the'zonng requirements pursuant to office type districts. Those issues can be addressed under special use permit standards. Planning Board Summary ., The Board voted unanimously to recommend approval of the petition as submitted. In support of that decision, the Board noted the planned use would be consistent and harmonious with the land use pattern already in place on the health care property and should not' cause significant impacts to the general area. There was no opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The property has access to internal streets that connect to public streets. B. Water and sewer will be provided from on-site sources. C. The site is located in the Ogden VFD District. Construction of a satellite station on adjacent property is nearing completion. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance ~~~~.~~ _~..y.~a~ ~~u'd~t~ A. Nursing and personate care~°a~'e~per"mitted by special use permit in the R-20 Residential District. The prope y is`z`o ed R~20. B. All required setbackcari b~eAmenf~ C3 ~ Adequat `area is ava lab(e own itie'site to meet off-street parking needs. ~~ i~ ~lS~R,3H . ± .~ NEW I~ANOVER COUNTY ~. ' ,FIRE SERVICES ADMINISTRATION . 414 CHESTNUT STREET, ROOM 307 WILMINGTON, NORTH CAROLINA 28401-4045 TELEPHONE (910) 341-7420 , May 5', 1998 ~. - TO:. David Weaver , Assist County. Manager , . . .FROM: :Willis Stancil . ~ Sr. Fire Inspector NHC Fire-Marshals Office SUBJECT: Special Use Considerations. Cornelia Nixon Davis Health Care Center . 1011 Porters Neck Rd. ,Wilmington, NC 28401 •, ~ ~ We are ~ aware that 'the U.L. Fire Certificate issued: May 15, 1992 serial number FC284T2525 by the Alarm Service Company ADT SECURITY SYSTEMS MID-SOUTH INC is not an active Fire Certificate as of this date. The U:L. Fire Certificate was canceled by Underwriters Laboratories Inc. citing deviations from referenced National Fire Protection Association Standards as fire alarm system equiptment was insufficient to meet the requirements. Since the existing ADT ~. 5000 fire alarm panel can not meet certification requirements of the N.F.P:A. -72 standard per the N.C. State Building Code, installation of an intelligent-type addressable system is required. The installation of the fire alarm system shall be certificated: ~: The Items needed to be corrected are as follows: %11. Control valve supervisory signal-initiating devices .are not in place. . . ~ These valves are to be electrically supervised such that when any - , valve controlling water to the sprinkler system is taken from it's fully" - open position, an audible alarm shall sound at the fire alarm panel location. 2. Existing smoke detectors in corridors are located only at smoke-doors _ ~ and do not comply with 30 ft. on center spacing per N.F.P.A. 72: - ~ -3? Water level supervisory signal-initiating device indicating that the required water level has been lowered or raised, and the restoration to - the normal level is not in place and interfaced. with the fire .alarm system. / 4`~ Water storage pump on=off. reserve capacity level settings for 30 minute duration of fire flow combinations of building fire sprinkler ` _ ~ systems and out side hydrant hose streams must be calculated and ~ , determined adequate based upon existing water storage container. . ~ 5~ Water temperature supervisory signal-initiating device for the water storage container exposed to freezing conditions indicating that the temperature of the' water has dropped to 40degrees. F and restoration ~Cwwp 12~r2d Q~ '~G,+~~' m~ h~ COn.S{ ~'u L°h7in~ -- -.u i I I -{"~--{'C~ Q ~ ~-'~X . l 2 woos {. - _ .{, - 10/25'.: 1'4:59 199`4 AT PAGE 3 (PR [ 41TED PAGE' S) ~ ~ }.~ C A F2 E 3.IE~ 1 °54 C_ N_ DA V 3 S i-1EA n 0~ • C P _ 03 '26"'94. ~ , I ~ ~ -. - ~ •.. ~ D dL'L•COt7C7QGC71 " OL70C7CCCL70CL`C7dC7QC3CCL1CQCl'OC7CC:CC~OG70CO000SC7K3L7GCCt7aG7GnGdc7C7t~OL7Q~4C__~- .. . ' ~ .. :~ ~- Q _ ..- ~ File No: S99~ ' C: N: UUFX r Service Carnet' Noy 13 ~• D - ~ :~dldlrt'~li'D~S'S ~.aboratOnes ~i4C.s Expirst3: May 15, 1'991 ~ " K a ~torthtxoa4c,1L • Santa qua, Cll ~ ISSUt?d: ~Agy ~ s, 1992 .. r. Q ~>~, ;VY. AasaarCb Triutyle Psrk,liC ~ .; Aa lndepQndartt, not-4o~-profit 0+'garti3zdan tssttr-q fa~pubic Safety 0 _ -~+ ~j F , ~,.. ~u cn R ~ y t • 7NtS. C~RTiFiES-that the ,~tArm Service Company 1s included by Underwriters Laboratories Inc. {t!U 1n Rs Olrectory a3 qu~lUled to tine `the'Ul Llstlnp Mark 7n Cannectlan yvNh the certificated Alarm System. This Cartiflcat0 b the Alarm SerYlc9 C9mpany:s represenlat?on~ thgt _the.~llarm Sjrsiem Including alt connecting wiring and .equipment has bean Installed and wtJi tie; jnalntalr'a In coMptlanc~ whit require'menis ~stabllshed by UL Thl~ Ce.rtlllcate,does not apply 1n any way to the. lnata~letloA ct ~any'add111ti~e1 stgnalirig'9ystems, guch as•, fire, ambke, Waterliow. burglary, holdup, modicd ar"egen.^y, a ot!:er+y~52, Lhat :nay bo con:ssc.ed,lo ar insipii~ aivng with the CarttNcated Alarm 8yatem. „~rs'ti:":'~~~~~. ' <rt__y,~ ~ UMI7ATiQN OF i.iABIL1TY: .Underwriters Labo+atort~s Inc: ~ce1Y1Q re rpsentailons or~rarrentles, sxpraas.ot 3mpUe0. tM! m'i Alarm System wi11 prevent any toe= by llr~, smofd.'viret~('damd~e`b "'filar' ;"6o'~d•up or otherwise, or that. tAv. Al~rra .3yatom ~U Jn 411 cases pprovide, the protecilon tor.whtch iS,~l~atai~e~ Mteiide~ ltL'°n-exbE'~umes conduct Inspectlona d:the flfarrn Service Campt~y;lneiud)np inspections of represeintaltvexkis~al~att~g edo by R.~1Z doe ~no assume or undertake to disCitar~e eny lla'b3tijy of the Alarm Se~vica S~ompany Or any othe'r:~part~ti• Ut:"1: not' an•fn`sutpr .grid assYm~g.1~~o riaEtiltty for any toss .Wh(ch may rasull (dom. failure of the equtpn;ertt, failure to coed~~i~"l~spect~ons, )ncorrec~ cgriillcAt(o~r$orlcora-?ormlty with roqulnements.,,luiltne to dlscnver nvnconformlty urlth requirements, cancelleilgri o~'the Cartl~lCate.or wllhdrswa!'~1~he.~l~a"r Service Company from lnclvalon Ip~UI's Dlrsctory prlo~ to the expJratbn date •tippea~in~ ~o0`thls~a~~tft4a e,;- ^~'~" ,~,,~ OPI~RA71 N ~` .1-ya/ ~C.. ~r,~,., ,,~•y1..~, c ~ , 0 AL AEL?UIREMENTS' ~T?~e.Alarin 3eMca. Company bee the:reapon~ ipty for the correctness of the Mstallstlon; mat~terience of. the Sysiorn doc(iment~fion; poriodlc~sys~e,~ )pspeGtio"ri~~~~[~6s`1ngg4 mel_r~Sa1~4 np sad providln9 anY.raC~ssary rd~N~. All operattons.anii maintenance shall ~e ~cpndu"ctedln th$ m~n~ie;~preseribe~yy the•~~13 andard referenced. Alt required setvica la to be pro~tded Por•1rt an approprlat~;,ca~~ia6t. Syya~i{ern;documenfatlon iii delirieecc~~ tp'lhdu~e any'As t3uftt Oravtinga ;the reco~s o! say' 1lceaptanca :'astlnp'; and the re~cory~ds~ol al(p~ertodi~sy~td~' •festing.rand malrijene~t~ SYSTEAd DE$CRiP710N: Thla syste to installed and~o orete~~in~cc~rdanca wtth s'Eandard NFpA 7t, 1989.edlllpn. Coverage is •COMPIr~'ttr: ~,- ~ ~,~:: ; 4;s 3-~ ~' ,~ . ]" Area Covered; CQMPLETEIPfiEMISE~ ,#~• ~::r~ r N ~$.~ ~: ' 1 Authority Having Jurisdiction: WIIMIN~iYO.[~ INSPECTIQN bEPf~F't7[Ntc ~ ~ w °~• Respondlrifl Fire Dep~rtment:4V1lMINGTQN EIRE DEPARTMt ~l~t '~ ~, ~` "~r. COVERAGE: The deslgnatton'Covera a ly PART1ALr ~ndtc"ales 'at an fnsuffi~ent.,~lantlty of equipment.has been,lnslaJled to aiiow_for tptat coverafle a9 described by_tii ~relerenced~t~t=~?A •St~ndard. The desfgr~~orr~~GoveraQe 17 COMPLETE" ihd-cate9 chat equlpmt;nt; Is installed in auHicient quanttty~a meet the ~equlrem~~s of the stapd:ard~Thp accompanying brat, U11ed Alarm•Svs_, ~lem escri lion, deso~(bes the_systsnt In del and~~ny varla~f ,~`i~Fortfi the referent d N'F~A Slandarda. DEVIATIONS.FRO~u! REFEFiENCEO;iJF.P,~.ST,~it?AAl]S: ~ON,S ~'~'~~ : . Protected Property: ~'' CORNELIgNIXON DAVIS HEALTH CARE CENTER. 1011 PORTERS NECK RD WILMINGTON, NG 2t3d05 y SN:• F~28~~2525 ADT SECURITYSYSTEMS Mlp•SOUI•H tNC 325E 9TH ST P O BOX 31306 CHARLOTTE, NC 2$231 ' E _ _ - ~ t ~~ A arm ce Company's Aopresontattve / / 10/26 tY' S9 199`! AT _ 25-'94 WED _1 PAGE 3 (PRINTED PAGE S) ~4 C_ N_ ZlA V Z S NSA ar---- .. ., :.,. File No: S994 CON: UUF~ f„ I . .- Service Centel' No. 13 ~. o~ ~ .Uader~rriters 9.~boratt~ries t~c.~ 1=xplres: Iway 75, tss7 . ' ~, ~ ~ tlortttbrook, >L ~ Santa tom, G ~ Issued: ~wgy 15, 1992 r• ~ BAatvr~, iVY A~searcb Trite Psric„ SIC . ~. tl An lndepmderd+ not-tot=profit prgartitztlon ttstln~ Sor'putSfiC saiepr . a .. E. Of ~. o . . « ~ a .~ (NfPA 7~~ T H($, CERTIFIES that the Alarm Servlct Company Is Included by Underwrttars tabaratorlea Inc. tUy in ~s Directory as qualhled to tise'ihe'Ul.'t.ist(n® AAarir In Connectloe with the certKicafed Alarm'System. This Carllllcate is the Alarm Serytca CpmpanY9 represegiaf?on~ thgt .tho.Alarm System inciud(nq an connoctlnq wiring end sgvipmeM has teen tnsiatted and wt~l ~~ manta±nadd' In , coMptlanc~ with requirements established by tJt. This Cartitlcais does not apply In any way to_ the inatattatlon of any .additidn~l ~~ sigpagrip'9ystem8, such as; lire. am4ks, watertiow. burglary, holdup, modica: e~^apency, os att:ar+.wss2, that ~,2y bo cann6c:odto or ~ tn3taiie~l alpnp With tfie Certitlcated Alarm $yttem. *~'"`~'"~~„ ~ ~,~ ~9 LIMJ~ATiQN OF i;lA81~1TY: Underwrites l.aboratorltos I~-c aka3'nq roprpsentatlont or warranties, expreas.or tmpl>e0. that the Alarm System aiiN prevent anyy lost by tire, srrtofce.'aTat~F'daniega`b giar,}t`;"• o`hd•up or otherwise, or that tM. At~rm .$ tent vyitt to all cases provide the protecllori lor.which 1~1~ Ilastal~e~.~ hite~d"e~UL'm~Z..~E~t7.mes conduct tr~pectlons of :the Atarrn Sen!ice Compt~Y;(nctudtrip lnspecttons of roprasentaliveKfri'saf~aitonS tsiado $y R.U1 cloe~•no~assun+e of andartake to discharge any Ila'b~4~1 of the Alarm Service ~S~orrtpany or any oth r. pary:.• Ut:'li not a i~fns~,pr .4~c~"assylmQS.l~O 1fa~lilty for $ny loss .~+htch may rgsutl tRom fallvie of the equipnieht, failure to conde~"i~a~ect~ona, Jncoirec~ cgrilllcatfo~r~ottca~-tormlty with requlrements:;latltl'e to discover ..nonconformity urith requirements, car+eel elign o~'ifie Cartl~lCste.tx wt 'drawat' t"the.~A~a~m Service Company frorp tnctuslon ip~Ul.'a Directory prior to the explrnlbn date •tlppee~IriQ °eo'tt,lt~C,e~~lltoate; ~:^%~ ~ ~' • OPERATIONAL AE{?UIREM•E~iTS:' r aAlarm 3, nrlae.'Campan •,bea.the,rsapon~ Ilitytor the earrectness. of Ike Mstall8tlony m8trifenencs ot, the system document "Non~poilodio'sys'te~, )tispectiori~~rr'~~"~~i;Es`1ng4 m.eln~al'q ng and providMfl any;~ne~essary repa)rs, . All operattoris.and m~intenanca aheil ~ ~c9nc~uctedln ttig mari~iq~preseribe~"6yy the•,..t,d,~~P~~~i s arsdard rtiforoncad. Alt required seivlco~ ' `>a to be'Aro~tded for Jn nn appropriat~.•co~-~rect. Syate"r11;ddct%rtkentatlon is; defined tp:indu~e any As Bultt Orav~lnpa ;the recoras of any'Acc9ptaria7estinq•; and the rocords of alt:perlbdi~sjietd"~Eesttnry and main Wane , .kf. t~'Y' 1 X.ir~Lr t •iI'~. [ir.,-y{~7!~jj/•^..w SYSTEM DE$CRlpTtON: Thla syste~T` I3 tns~elled acid o orete~~n'~~coidance wlttl s'Eandard NFPA 1t, 1984.ed111on: . NSF ,C~ :1«~ R ,.,: ~ ~'•. l~Wr~ .1 rj Ccverape is COMPLETE. a- r .~ \\\ . {;,x ~r;~ y 1 .,`~~ : • ~•,~` , Area Covered; COMPLETEJF'f1EMISir ~, ..:,.~, ~ ~:;;i r ~ ~~~ ~: E ' ' ~ • Authority Having JurlsdlC2Wn: WILMIN~iTQK INSPECTiQt~ DEP~t7~?E _ ' Raspont~tri9 Ire Department:\IYtIMINGTQt~ EIRE Dt:PAATRAE ''~~~~' ."~~'r. COVERAGE: The dest natto ~v "~'~~• I P ~~ in. `1 ~a~ n in ulfic~ent. antis of ® ulpment.haa beep lttsialled tc~ 9 n Co e a e s At~T1A ., ¢~a oslh a s, Q~j Y 4 r - ^' . allow for tpial coverage as described tay_th re~ieranced,~f~F~A ~St~ndard. Thv design~~or~.'Caverage la COMPLETE Indlcatas shat ®quipmt;Rnf is inifalled In auHfcient gvantity~a `meet the requlrem~~s of the ttand'ard~Thp accompanyinfl brm, tilled Alarm'Syslem Oeac_ rfothn, desoi(bes the_systent In det ttf~~and`ony vulafC'n`~'toir~~the rererenc d.t~A Starsdarda- DI=YiATIONS FAO <. ~::~~...'.,. ~•'~9 ~.~ .}''~ .L•,~`* • {N AE>~EflENCE~NF•PRST. DAI~DS;r~ONB -~~•~~, Y Protected Property: ~ ` a ' ° CORNELIA NIXON DAVIS HEALTH CARE o CENTER 0 1011 PORTERS:NECK RD • • a WiLMLhtGTON, NG 28405 a. a _ ~o SN:. ~C28~4~ 252v ADT SECURITY SYSTEtv1S MI~•SOUTH INC ~ 325E 8TH ST s P O BOX 31305 ~ ' CHARLOTTE, NC 28231 ` • A arm ce Company's taeprosontative' '~~~ ;, ~, ~ s w 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. .. A. :~ The proposed facility will be located on the primary campus of the Cornelia Nixon Davis Health Care Center. B. Construction of a satellite fire station is nearing completion on adjacent property. C. Other adjacent tracts are undeveloped. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with plan of development for New Hanover County. A. The primary land use in the immediate vicinity is a 100,000 square foot health care center, providing skilled nursing care. In addition, a small geriatric clinic is located nearby and the adult day care service will soon be open. B. A satellite fire station is nearing completion on adjacent property. r 33 • •~ • PETITION SUMNfARY SHEET Petition Number: S-423.. - ~ Owner• Cornelia ~N. Davis Health Ctr.-Representative: Same • ~ Requ"est•~ Assisted Living Care ~ Acrea e: `~ b - Taz TD Number: 3x00 ~ - Location; nursing Home prooert•~' .. L1 LAND USE, ZONING, UTI LITIES and SERVICES •~ Psource • Land Classification: Protection Vacant Existing Land. Use: - ~_ - 1J 7-oning$istory• ~' Adjacent site zoned CD(0-I) in 7/92• elan modified in Jan 1998. • ,.= Watcr Types: Private ~ ~~' - ~ U Scw•cr Type• Drivate Fire District: _ Ogden Recresition: Ogden Park • Road Acccss• ~ Porters Neck Rd. • " - Volume 1800 ADT (' 95 count) ~ Blair School District: MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Qualit}' Classification• Futch Creek SA Outside Primary & Secondary Areas Aquifer Recharge Area: Conservation Resources: None IIistoric Landmarks and Archeological Sites: Pao 3,p (~ Primarily Kureb (Kr) a_n_d R~~,mPac~A fRAt • C'1 acs ~y Soil T c s and Class: Y Il__SI Septic Tank Suitability: ~ititahl P Pricnc Agricµlturnl Soils: "None R~'°f' 34 Building Suitability: _ Few linits ` What You Must Establish For A. ~~ ' .Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposts the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages,if necessary) General Requirement #1 The Board must find "that the ttse will not materially endanger the public health or safety if located where pre posed and developed according to the plan as submitted and approved." Statement'byApplicanC = ..., ,- The assisted living housing units would not endanger public health or sa`ety at the proposed location. General Requirement #2 The Board must find"[hat the ttsc meets all required conditions and specifications" of the Zoning Ordinance" Strrtentent by Applicmtt: We propose to meet all required conditions and specifications. ~, General Requirement #3 • The Board must find "that the use will not substantially injure the value of adjoining or ab~::ing propcry or t~.: the use is a public necessity." Statcinrnt by Applicmrt: The adjoining property includes a skilled nursing facility, a g~:ia~ric clinic, ar.d z^.. adult day care center. The assisted living. facility will c~-:pli:~ent t`:e current Cornelia Nixon Davis ca.•apus. General Requirement #d The Board must find "that the location and character of the use if de~•eloped according to t c plan as sebmi::c_ and approved will be in harmony with the area in which it is to be located and in general co-formity ~~•ith t`:e r' of development for New Hanover County." Statemcr+t Gy Applicnnt: In addition to C`ID, the Porters I•:eck area also includes Plantation Vllla,?, an ir:depe^- dent retirement camunity. An assisted living facility will add har:~mr to t2ie a:ea'it will be located in. The Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested b•~ the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with elch specific requirement found in section 72 , (as a~,plicablc). He/She should also demonstrate that the lar.r will be used in a manner consistent with the plans and politics of nc~v Hanover County. Th- Board of Commis- sioners may impost additional conditions and restrictions that they deem appropriate prior [o the issuing of the Special Usc Permit. r 1 certify that all of the information presented in this application is accurate to the best o,` my I:nowlcd~-, inforc.. lion, and belief. '~ 35 Signature of Applicant and/or Owner ,. r i,~r ~~, ~1 NEW HANOVER COUNTY' BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 ' Regular Item #: 6.2 Estimated Time: ; Department: Planning Presenter: Dexter Hayes ~ ' Contact: Pete Avery SUBJECT: ' Rezoning (Z-622, 4198) BRIEF SUMMARY: Request by David Sneeden for Hallmark Industries to rezone .84 acre at the southwest corner of Charter Drive and Eastwood Road to B-2 Business and O-I Office and Institution from R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval with an additional 28 foot strip to the west. FUNDING SOURCE: ATTACHMENTS: 5 pages ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS COMMISSIONERS' ACTIONS/COMMENTS: COUNTY COMMISSIONERS, APPROVED D RE.lECTED C~ REMOVED p POSTPONED D 37 HEARD ~7rw2d e,G~, e~ e~fire a.rer,~ ~-o D -L I n sl-ead ~ Y3 - 2 e~,-~1 6 Z .. . Item 2 Case: Z-622, 4/98; Applicant: David Sneeden for Hallmark Industries Request: ~ - R-15 to B-2; Modified to B-2 and~0-I at the hearin . ~ ~ . g Acreage: .84 Location: Southwest Corner of Eastwood Road and Charter Drive NOTE: The property is in the Phase I City of Wilmington annexation area. Land Class: Transition- Encourages more intense urban type development where public services are readily available. Planning Board Summary , The applicant amended the petition at the hearing, telling the Board. that he wanted to rezone the parcels to B-2 and O-I. He said the parcels, particularly those fronting Eastwood Road, would be difficult to develop due to their limited depth and the extra setback requirements imposed by the Special Highway Overlay District. He also added that the lot fronting Charter Drive and directly south of the parcels along Eastwood Road should be zoned B-2 with those on Eastwood but conceded the second lot along Charter Drive should be zoned O-I to protect the neighborhood. The Board agreed that the parcels along Eastwood Road wouldn't be developed under current zoning and would be more suited for the commercial zoning pattern along the road. There was some disagreement as to how far commercial zoning should e.~ctend along Charter Drive. Ultimately, they voted 7 to 0 to recommend .approval of the applicant's petition as revised, noting that the southernmost lot should be zoned 0-I to promote better land use transitions'and to curtail commercial encroachment into an established neighborhood. In addition, the Board recommended rezoning the narrow 28 foot R-15 strip to the west to O-I. They ,noted the strip served no useful purpose, particularly in lieu of current setback and buffering standards. It is part of the Liberty Commons nursing center development. There was no opposition. Staff Summary The lots proposed for rezoning are part of the Hillsdale Subdivision. This development was platted around 1966 and predates the original zoning established for the area. Upon adoption of zoning for this area in July 1972, the property was classified R-15 Residential even though many of the lots did not meet the minimum lot area requirement. In 1984 in response to concerns with the placement of mobile homes in the subdivision, property owners filed a petition to have the property rezoned to R-20 Residential. Under R-20, mobile home parks are not permitted and the placement of individual mobile homes on a lot requires a special use permit. That rezoning petition was approved"~k`a °""~~ ~~ 1~ ~1~4~~1~99~ Subsequent rezonings, related no~ n~res~~id~ential development and major highwa im rovements t~ ~ v~1.3rd1~,,~~s Y P If~~ignificant~ly changed~h~e~ge,~er~al~character of the area. What was once a rural residential 9~G~C enclave has now become a bustling commercial node, anchored by the new Home Depot tract located just southwest of the subject property. Also, a variety of office buildings, commercial services, an existing nursing care facility, and a motet currently under construction are practically within eyesight of the petitioner's property. Contributing further to this residential decline has been the completion of the first leg of the Smith Creek Parkway. This road will provide a major east-west link between the beach and downtown Wilmington. Even more important, the road serves as a major connector to Interstate 40 and beach-bound as well as local traffic are directed ~, to use the Parkway exit. Much of that traffic connects to Eastwood Road. To compensate for this expected overload, NCDOT has begun widening Eastwood Road from the eastern terminus of the Parkway to Military Cut-off. It is important to note, however, that while this will increase the overall carrying capacit of the road, it is not likel to reduce the overall traffic con estion on Y Y g the road. In fact, traffic volumes are expected to increase. These events and the commercialization presently underway will surely reduce the residential appeal these properties once enjoyed. Even so, residential interests in the area remain solid, particularly in Hillsdale. Although those lots on average are relatively small, the availability of public services has made development under current zoning feasible. Permitting commercial uses to encroach too closely could deter that and lead to similar requests that encroach even further into the neighborhood. The Land Use Plan is specific on this point. It says that commercial encroachment into established residential areas should be discouraged. In this instance, the applicant is not only requesting lots fronting Eastwood Road be rezoned to B-2, he is also including two lots fronting along Charter Drive for B-2 as well. While the depth of the expansion seems minor, establishing commercial zoning 250 feet down Charter Drive might have severe consequences. Recent amendments aimed at mitigating impacts between commercial and residential uses offer some relief, but they do not address encroachment concerns. The applicant could consolidate these tracts into one parcel, making encroachment less of a concern. Nonetheless, rezoning would establish commercial activity some distance into the adjacent residential district, creating unwanted impacts. An alternative might be to rezone the parcels to O-I. Similar buffer and setback standards would apply and the intensit}~ of uses permitted would be reduced. The Land Use Plan strongly supports the use of 0-I zoning to create smoother land use transitions between established residential uses and major highways or other non-residential uses. Another possibility would be conditional use zoning. This would enable to County to specifically control land use and design and ultimately ensure a greater level of compatibility and protection to the Hillsdale development. At this time, Staff does not believe the owners have a specific plan in mind, so :that option may not be realistic. For the above reasons, Staff recommends the property be rezoned O-I Office and Institution. Staff also notes an R-15 remnant of property to the west that the Board should consider eliminating. 39 f •~ • PETITION SUMMARY SHEET - Petition Number: ~ z-622 ~ , • Owner:. Hall nark Industries •.~ Representative: David Sneeden • • Request: R-15 to B-2' - Acreage: .84 Tax ID Number: 5000. ~ Location: Eatstwood :Rd. LAND USE, ZONING, UTILITIES and SERVICES - Urban Transition • Land Classification; Existing Land Use: Vacant ~` Zoning $istory: Area rezoned to R-20 fr.on_f-15 in Dec 193 ~.! Adjacent 0-I established 9/90 and 6/94 `~' • Comriunity,,: • County •~ Water Typt: ~ Sewer Type• Seagate ~ Blair/tdoble Fire District: Recreation: Eastwood Rd. 10,000 ADT ('95,count) Road Access: Volume: School"District: Collette Park MISCELLANEOUS PHYSICAL CHARACTERISTICS '?' Watershed andWater Quality Classification• Bradley Creek (sc) Pririary Recharc{e - Aquifer Recharge Area: Conservation Resources: None Historic Landmarks and Archeological Sites: "^n^ Soil Type(s) and Class: Primarily Seagate (Se) N/A County se:oer .Septic Tank Suitability: Prime Agric~lturxl Soils: alone ' Few limits 4~3uildtng SuitAbil~ty: ~' WI~AT YO~tJ MUST ESTABLISH TO GET A CHANGE OF BONING OF PROPERTY ~~: Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain in the space below how your request satisfies each o` the followin; requirements. How would the requested change be consistent with the County's Policies for Groivtli and Dcr•cl- opmcnt? , Public demand for retail services to the area have generated construction of• the Smith Creek Shopping Center and, Home Depot These developments have generated increased traffic which will be accomodated by Smith Creek Parkway and widening of Eastwood Road. Rezoning this property from R-15 to B-2 w:ll contribute to a more effective traffic :pattern and improve traffic flow. © How would the requested zone change be consistent with the property's classification on the Lattd ~' Classification iV1ap? The property is located in an area that is undergoing signicificent change and '~ developWent. Eastwood Road is in the process of being widened and utilities have been extended to the area. Traffic is concentrated in the area from ` Smith Creek Parkway, Racine Drive and Eastwood Road. r ~; © What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for tltc uses permitted under the existing zoning? High traffic counts make the property unsuitable for residential use. The construction of Smith Creek Parkway, Home Depot and the Smith Creek Shopping ,,, Center have made this property more appropriate for retail salts. In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand that the singling ~, out of one parcel of land for special zoning treatment unrelated to County politics and the surrounding neighborhood would probably be illegal. I certify that all the information presented in this application is ' accurate to the best of my knowlcdge~o atanon, and belief. . •' \ `. ~ 4 ~ ~ - Signature of Petitioner and/or Owner -~' ~~ „ , Tlris paa e i~rtentio~rally left blairh ~ U ~~- 42 i NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ~~ Meeting Date: 05/04/98 Regular Item #: 6.3 Estimated Time: I Department: ~ Planning Presenter: Dexter Hayes Contact: Pete Avery ~. SUBJECT: ~, Conditional Use District, Site Plan Revision (Z-604, 6/97; revised 4/98) BRIEF SUMMARY: Request by Joel Tomaselli to revise the site plan for Lumina Station, Phase II. the site is zoned Conditional Use B-2 Business for retail uses, services and offices and is located on the south side of Eastwood Road east of lions Gate. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval. FUNDING SOURCE: ~~, ATT`ACHMENTS: 6 pages and a large site plan . ~' ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS: r i COUNTY COMMfSSIt1N~RS~ APPROVED REJECTED ^ REMOVED o ~ 4 3 POSTPONED HEARD `~~~ DATE . S.~ , ,~ Sl a .Item 3 . . Cass: Z-604, 6/97; Applicant: Joel Tomaselli for Lumina Station, Phase II Request:. ~ Conditional Use Site Plan Revision ,• Site is zoned Conditional Use B-2 Business for retail, offices and an inn. Acreage: 4.64 Location: Eastwood Road and Southerland Avenue Planning Board Summary Noting that_ the planned revisions-would not create major land use~changes or substantially increase anticipated traffic demands, the Board voted unanimously to recommend- approval of the petition as submitted. Most of the Board's discussion focused on site improvements, the developer's plan's for improving Southerland Avenue and the range of possible land uses. There was no opposition. Planning Staff Summary .- The original site plan for this tract was approved by the County on July 7, 1997. The approval authorized the construction of 56,500 square feet of specialty retail, offices an upscale inn.. . Attached is a listing of the uses for which the developer received approval. The -revised plan contemplates a similar range of uses. The primary changes in the plan include increasing the width of buffer yards and setbacks, increasing the total square footage to 67,825 square feet, and reorienting the buildings. The approved plan called for the construction of one large building.. In addition to the extra square' footage, the applicant proposes moving the building closer to Southerland. Avenue. Except for the increases and/or decreases in the setbacks and buffer yards, the findings contained°in the ,order remain unchanged. ~. ~ ~~ ~Mr~~~~ u ~' ,`~ I` q~W# (,,,x':.;7.1..,,.,. '.~...v..,~ p~ q 1~~,ywY°q~gi ~hi~ ~~ 0 d~~1~ ~ ~~ s ~~ ~ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT . Specialty Retail, Office and Inn ~ ' The County Commissioners for New Hanover County having held a public hea.-ing on July 7, 1997 to consider application No. Z-604 submitted by Joel Tomaselli, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on Southe;land Avenue, and having heard all the evidence and arguments presented at the fiearing, make the following FINDNGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirerr.:nts set forth in Sections 71-1 (3) and 72 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES s: ssfy the first general requirement listed in the Ordinance; namely that the use will not materially enda.~ger the public health or safety if located where -proposed and developed according to the plan as submitted and approved. In support of this. conclusion, the Commissioners make the follo~tiing FINDINGS OF FACT: A. The facilities will be connected to a private community water system and Co~,_nty sewer. B. The site has access to Southerland Avenue, an open but othen~ise unimproved public street. The site will also have access to an existing drive that now serves Phase I of -~I ~ Lumina Station, a mixed used retaiVoffice center located north '~ l~- ofand conti_uo.~ to the site. This drive provides direct access to Eastwood Road. ~, C. The site is located in the Seagate VFD District. D. Part of the site is located in the 100 Year Flood Plain, ho~~•e~~er, no buildings are planned in this area. Development in the flood plain will be limited to off-sleet parking, footbridges for pedestrian use, and road crossings with bridging to support vehicle traffic. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The applicant has submitted a site plan pursuant to the Zoning Ordinance. B. Applicable setback and buffer yards can be met. v C. A traffic impact statement has been provided. 45 a 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general.requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of,this conclusion, the Commissioners make the following FINDINGS OF FACT: A. There is a broad mix of land uses. in the general area. Commercial development - abuts the site to`the north and east. High density residential development is located to the west. Scattered single family dwellings and a large'public well facility are located to the south. 5. It is,the County Commissioners' CONCLUSION that the proposed use DOES satisf}• the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be'located and in general conformity with ttie plan of development for New Hanover County."'In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The proposed development would constitute Phase II~of Lumina Station. Lumina - Station Phase.I,:located on the adjacent property is a shopping center offering a ~~ide mix of specialty retail, office space and personal services. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PEI2i`IIT IL~VE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PEIZ~IIT BE GRANTED, subject to the following conditions: A, That the applicant shall fully comply with all of the specific requirements stated in ~' the Ordinance for the proposed use, as well as'any additional conditions hereinafter stated. , . B. - If any of the conditions imposed by this special use permit shall be held im•alid beyond the authority of this Board of Commissioners.. by a court of competent jurisdiction, then this.permit shall become void and 'of no effect. . C. Other: l . All other applicable federal, state and local laws 2. Site identification sign must be in accordance with Special Highway Overlay District Regulations. ~ °- 3. Southerland Avenue be upgraded along the sites's frontage consisten with a similar improvement made for Phase I of Lumina Station. 4. Only directional lighting be permitted for exterior illumination. a 5. .Trees be preserved to the greatest extent practicail. 6. Impervious surfaces be limited to 'the greatest extent practical in the 100 }'ear flood plain. ~ ~ - a 7. Uses be limited to those listed in the attached listing. 46 ~. r w i Ordered this 7th day of July, 1997. Robert G. Greer, Chairman Attest: Cler to the Board ' Affirmation this~~`day of (~ L , 1997. . Applicant 47 MANUFACTURING ..- ,BAKERY PRODUCTS . . TRANSPORTATION, COMMUNICATION, UTILITIES POST OFFICES RETAII. TRADE f- ,. APPAREL AND ACCESSORY STORE DRUG .STORE EATING AND DRINKING PLACES FOOD STORES . FURMTURE, HOME FURNISHING AND EQUIP~NT GENERAL MERCHANDISE STORES HANDCRAFTING SMALL ARTICLES HARD WARE MISCELLANEOUS RETAIL HISTORIC RESTAURANT FINANCING, INSURANCE, REAL ESTATE BANKS, CREDIT AGENCIES, SAVINGS AND LOANS SERVICES INN (HOTEL/ MOTEL) BUSINESS SERVICES INCLUDING PRINTING DRY CLEANING/LAUNDRY PLANT ' INDOOR THEATER MEMBERSHIP SPORTS -AND RECREATION CLUBS WATCH, CLOCK, JEWELRY REPAIR BARBER/BEAUTY SHOP EDUCATIONAL SERVICES COLLEGES, UNIVERSITIES, PROFESSIONAL SCHOOLS AND TECHNICAL INSTITUTIONS LIBRARIES - MUSEUMS ~IiER OFFICES FOR PRIVATE BUSINESS AND PROFESSIONAL ACTIVITIES NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 Regular Item #: 6.4 Estimated Time: Department: Planning Presenter: Dexter Hayes ' Contact: Pete Avery SUBJECT: ' Special Use Permit (S-429, 4/98) BRIEF SUMMARY: Request by Martha Lee to construct a 500 foot radio communications tower on the west side of tilarket Street (8300 block). The property is zoned R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval. FUNDING SOURCE: ATTACHMENTS: 7 pages 1TEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS• ~` COUNTY COMMISSlONF~S~I APPROVED Cam'' REJECTED REMOVED p POSTPONED p L~ 9 ,~ HEARD DATE ,. 5~~`~C1 ~' ~iGyvJ ~' 4 Item 4 Special Use Permit- Request by Martha Lee to Construct a 500 Foot Radio Communications Tower on the West Side of Market Street, 8300 Block (5-429, 4/98) NOTE: The applicant seeks approval to construct a-500 foot radio communications tower. The tower's primary purpose is io transmit radio signals for a new FIV1 station planned for Wrightsville Beach. The FCC has issued the applicant a license to operate this station. Planning Board Summary After a lengthy presentation by the applicant and her representatives concerning licensing, height issues, compatibility, the effects of electromagnetic wavelengths, why this site was selected, and related design and location issues, the Board voted 6 to 0 to recommend approval of the application as submitted. There was one abstention. The Board noted the .property selected was compatible With the general area,. due primarily to the fact that the site was adjacent to larger undeveloped tracts. There was no opposition. - Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and appro~•ed. A. The tower has no water and sewer needs. B. The tower is located at least 1500 feet from the nearest residential structure. C. Except for periodic maintenance checks, very little vehicular traffic will be generated by this use. D. The site is located in the Ogden VFD. E. Currently, the site has access to Market Street. (NOTE: Future access is uncertain. 'The planned Wilmington By-pass crosses the tract just south of the tower site.) ., 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Communications towers are permitted by special use permit in the R-15 Residential District. The property is zoned R-15. B. The tower height is 500 feet.. It will be at least 1500 feet from any residential structure. C. The tower and all supporting guy wires are at least 50 feet from any property line. D. There are no known environmental. or conservation impacts. The site consists of pocosin vegetation underlaid by Murville and Leon soils. Also, there are no historical, archeological sites or plant and animal areas of special significance associated with the tract. - E. Because the applicant proposes to build a radio broadcasting tower to transmit an FM signal, an affidavit.speci~fying collocation efforts was not required by Staff. ~~ ,~,~,~ -tom It ~ t~:~. ~ F. The pr=oposed`'tower~height .complies with the Airport Height Ordinance. ~~~11~ 3. The Board must fia~d~~that~the use will not substantially injure the value of adjoining or at~>~g,tproperty~r~thatyth~e~use is a public necessity. . Qfl~l 1 A. To date, no information has been provided to indicate that a tower constructed at this location would have a negative impact on nearby property values. 4. The Board must find that the location and character of the use if developed according to ' ' the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity~with plan of development for New Hanover County. ' A. Land in the general area is primarily undeveloped. There are scattered residential uses, primarily in Greeview Ranches which abuts the tract to the west. Extensive commercial development is located along the frontage of Market Street, featured by the recently constructed Porters Neck shopping center. 1 Comments: -Because the tower exceeds 150 in height, it must be engineered to accommodate at least t~t~o additional communications vendors--cellular, PCS, Digital, paging and related technology.. -As noted above, the construction of the Wilmington By-pass will have a profound impact on future access to the site. The applicant should be able to demonstrate just how future access will be provided -Even though the tower will be about 2100 feet from Market Street, it will nonetheless be prominently visible, especially when the Wilmington By-pass interchange is constructed. 51 1 \\ i j ~\ \~ \~ , 52 A ~ ~ \ ~~~ \ N i _~ ~ d ~ t /ice ~~-~~ ~\.~_ ~.~-~~~~t . \ / LC ~ ~ \ ' w ~.. >. c .. r/4 y/ /~ 1 ~ . 9 N \ ~ n 1 ~ _ ~` r!/ 1 11 ~. I ., 11 "~ 11 0 " ~ / 11 ~ '~° ~ ~ I (~ u ~ / 11 I ~ I 111 it zl u I ~ bye 1 I = a . ~ ~ l 0 1 ` ~: 1 ~ 8 i Y ~ _~ ~~. E~ i .s r<< IJ ~ -~r .c~~t Ie I' i I' i i i ~/ II ~.,.~ of i ~ I I I ~ ~, -- ~~~., II ~II a ' ~ ------------ ~`J I ~° - 1 / , I I ~I$ r---------.- 1 ~ I W °I~ \~ --_-__-- a "~ ~ ~ V~~ / I ( ( z ' Z N ~ ~ ~,~- I ~ ~ 1/-,, ^I~o ~' `~ ~ `U I _ _~ 1 I •~ sly _~ _~~ '~===fi ~j I I .~ 1 ~~~ ~ I ~a ~~ ~ ~~ ~ I to ~, - ~-_.05~OOS -_ ~5'~"50'05' M 7 .•C.•Ltr w C~0 ~9' ~ / 's `~ a T `~Vl~at ,.you I~Ilist ~siab~~sh ~ox~ ,~'~ Special lUse Permit ' Authority to grant a Special Use Permit is contained ill Cite Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by tlu applicant. Under each requirement, the applicant should explain, with reference to attached plans, wllcre applicable, how the proposed use satisfies tllcse requirements: (Attach additional pages if necessary) ' General Requirement #1 The Board must find "that the use will not materially endanger the public hcalllr or safety if located where pro- posed and developed according to the plan as sttbinitted and approved." ' Stntcurent Gy Applicant: The Tower Base will be enclosed with a 25 X 25 foot compound fence (Chain Llnk), with 3 strands of barbed wire on top.to prevent unauthorized persons from entering. ' Each anchor point will also be enclosed with same type of fencing. Central Rcquiremenf #2 The Board must find "shat the use meets all required conditions and specifications" ofthe Zoning Ordin:ulcc." Sratcmcrrt Gy Applicant: Per .zoning ordinance 69.17, this Cover is allowed.': There are no residential dwellings, schools, churches, near the. site. All portions of Covers and anchor points are at least 50 feet from property line. No other [over facility is available foe this proposed operation and this toner will be structured to alloy other users. The constzuction of this proposed facility has been reviewed for compliance with Section 1.1311 of the FAA Rules and FAA and FCC approval has been obtained. General Requirement #3 The Board must find "that-the use will not subst:ulttally 111)ufc the value of adjoining or abutting property or that the use is a public necessity." Stutenrcru Gy Applrc'rru[: The property surrounding site location is wooded and undeveloped. There are future plans as reported by the Dept. of Transportation, that the Highway 11- By Pass loop will be .coming through some of the surrounding property Sn the near future. The F.C.C. has licensed this station to serve a public necessity fora F.M. broadcast station for Wrightsville Beach and surrounding area. The approval of the F:C.C. license vas based upon this cover site. General Rcquirenunt 6'J The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in ~cncral conformity with the plan of development for Ncw Hanover County." SrrNCmcnt Jw App(iunrt.• Building this Cover does not change the overall appearance of the surrounding area which is rural. No homes or other structures are vitin 1,500 feet of the site. She tower base has a 300' set back from all adjacent property lines. The Zoning Ordinance in some instances, also imposes additional specific rcquirernents on the use requested by ~thc.applicant. The applicant should be prepared to dcrnonstrate that the proposed use will comply with each specific rcquiremcnl found in section 72 , (as applicable). Itc/She should also demonstrate that the land will be used in a manner consistent with tilt plans and policies of Ncw Elarlovcr County. Tllc Board of Comrtris- stoners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of tilt ~pccial Usc Permit. I certify that all of the information presented in this application is accurate to the best of my knowlcdoe, infonna- ~ion, and belief. ~ ~~: /C/S'i nature of A~pypli~cant and/o Owner 53 PETITION SUMMAR ~ SI-IFFY Petition Number: ' ~ 5-429 Owner: °ine Ridge Properties Representativ.e• ~ ~ i`~'artha~ Lee - , . Request:-- 500 feet .from tower Acreage: 10.16 Taz TD Number: '' 2800 ~ ~Location• ~ 8300 block Mar;cet SU.. LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Rural Ezisting Land Use: Vacant Zoning History• ~' Area originally ,zoned July 7, 1972 _- Pdo .rezoning nearby - ` ' Well Septic .. . ; Water Typc: Scorer Type- Fire District: Ogden VFD Recreation: Ogden Road Easement to US 17 US 17, 1'S700.ADi (®S coun`~' Access: Yolumc: . ,; School District: Flair ~ ~ . ~ ~. . ,. MISCELLANEOUS PHYSICAL CHARACTERISTICS. Watershed andWater Quality Classification• Island Creek C (Sw) Aquifer Recharge Area: Primary - - Conservation Resources: None (~nr1A ~,IPt'larr~el IIistoric Landmarks and Archeological Sites: None Soil Type(s) and Class: Septic Tank Suitability: - Prime Agricultural Soils:._ ~3~ilding Suitability: _ Primarily rturville. (.4u) ; Class LII Poor. - - . None . Limits due to wetness - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NEW HANOVER CQl.1NTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 Regular Item #: 6.5 Estimated Time: Department: Planning Presenter: Dexter Hayes ' Contact: Pete Avery SUBJECT: .' Zoning Text Amendment (A-290, 4198) BRIEF SUMMARY: Request by Richard Noyes to modify the setback requirements for non-residential uses when located adjacent to vacant or non-platted residential zoning districts. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval with modifications. FUNDING SOURCE: ATTACHMENTS: 3 pages ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS COUNTY COMMISSIONERS APPROVEp Lem REJECTED ~ ~ REMOVED Q POSTPONED O HEARD `' p DATE ~_~ ~~~ ..._._~_ 55 t Item 5 ~; Zoning Text Amendment: Request by Richard Noyes to Revise the Setback Requirements for Non-residential Development When Adjacent Residential Districts Are Vacant or"Do-Not " Consist of Platted Lots. (A-290, 4/98) ~~ Planning Board Summary The Board voted unanimously to recommend approval with modifications. Expressing concerns with allowing setback variations adjacent to vacant residential districts or platted residential lots, the Board chose to provide setback relief only in situations where the non-residential district was adjacent to non-residential uses in residential districts. The Board also decided that in these situations the minimum setback could be 20 feet, not the minimums specified in the setback ..table assuggested, by Staff. The applicant agreed with the Board's recommendation. There was no opposition. PLANNING BOARD'S RECOMiyiENDATIOY FOR 69.11-THE kILtiL~1U~1 REQUIRED SETBACKS FOR STRUCTURES LOCATED WITHIN CO~1~"IERCIAL, OFFICE AND INSTITUTIONAL AND INDUSTRIAL DISTRICTS ABUTTING RESIDENTIAL USES AND/OR PLATTED LOTS ON RESIDENTIALLY ZONED PROPERTY SHALL BE CALCULATED FR01~1 TABLE 69.11 UTILIZING THE FOLLOWLtiG FOILtiiULAS. WHERE THE ADJACENT RESIDENTIAL DISTRICT IS OCCUPIED "BY h'Oti'- RESLDENTIAL USES, THE IvIL~1L~1U11 SETBACK SHALL BE Tti~'ENTY (20) FEET. APPLICANT'S PROPOSED REVISION (bold italics indicates revisions) Section 69.11 Setbacks within commercial, office and institutional and industrial districts .abutting residential districts -The required minimum setbacks for structures located within commercial, office and institutional and industrial districts abutting residential distracts, tivherein property is actually dedicated to residential uses or plotted (sic) lots, shall be calculated from Table 69.11 utilizing the following formulas: I. Side Yard Required setback - (Building Height) x (Factor from Column B, Table 69.11) 2. Rear Yard Required setback - (Building Height) x (Factor from Column D, Table 69.11) 3. Reduction in setbacks ~`' The required setbacks within co~r:mercral, office and institutional and industrial dist~?ets~cahuttkng,~re~~~l~n~t1~ 1 districts, fvlierein property is actually dedicated to resulential_ use o~r4plotte~lxlots, may be reduced as specifrerl in Section 67. In no case, however, sha~any~'side;,o~~rear yard setback shall be less than specified in Table 69.11 ~4~~14itA~'l~ 4 ~ ~ Specs! Situdtio,~n's,~~q~i'Ct~} zk~ ~~~~ o ~ "~~: ~ [, fl In all other situations within commercial, office and institutional and industrial districts abutting residential districts, wherein property is not dedicated to residential uses or plotted (sic) lots, setbacks will be established on a case by case basis. However the minimum setback shall not be less than 20 feet Staff Summary Attached is a copy of the current regulations. They were adopted in 1988 and were the result of efforts to provide better transitions between competing land uses, specifically in mitigating the impacts of commercial and industrial uses adjacent to residential districts. Prior to the wholesale changes adopted in 1988, the Ordinance simply required setbacks for commercial and industrial uses locating adjacent to residentially zoned property to meet the requirements of the abutting yard in that district. For example, the side yard for a B-2 use adjacent to an R-15 District would only be 10 feet because that was the minimum side yard required by the R-15 .District. For other non-residential districts, such as O-I, AI and SC, a minimum side or rear yard was assigned. Though this approach was simple to administer, it fell short in mitigating the often intense impacts generated by non-residential uses. Under current regulations, the development of a business, office, industrial or related use adjacent to a residential district requires a setback based on the height of the non-residential use multiplied by a setback factor. This setback is mandatory even if the adjacent residential district does not contain a residential structure or doesn't consist of platted residential lots. In all cases, a minimum is required and varies according to the underlying non-residential zoning classification. The applicant contends that requiring the setback if the adjacent residential district doesn't meet the above criteria or even if the district is used for non-residential purposes is burdensome. In some cases that would be true because the County does permit by special use permit and routinely approves a number ofnon-residential uses (convenience food stores, driving ranges, private membership clubs, day care, nursing homes to name a few) for residentially zoned parcels, resulting in situations where these uses may be adjacent to anon-residential district. Also, some non-residential uses, such as elementary and secondary schools, churches, libraries and public recreation areas are permitted by right in residential areas and the setback is still required. To address these situations, the applicant suggests that the building height/setback factor formula for determining setbacks apply only when the planned non-residential uses abut a residential district that is occupied by residential units or platted lots. In cases where the district is vacant and not platted for residential lots or is occupied by non-residential uses, they suggest incorporating a 20 foot minimum setback. A similar situation occurred in Northchase a few years ago. The project, which is zoned PD Planned Development, requires a 200 fringe use area allowing only residential uses or open space when non- residential uses abut residentially zoned property. At issue was the placement of office type uses within the 200 feet area adjacent to the Laney High School and Trask Middle School properties, which are zoned R-15 Residential. The developer argued that the provision was onerous because the 57 0 residential zoned property wasn't used for platted lots or houses. The County agreed and amended tke ordinance to eliminate the fringe use area if the adjacent residential district didn't consist of platted lots and/or houses. The current situation is not significantly different. As a result, Staff suggests the following revision: Section 69.11 Setbacks within commercial, office and institutional and industrial districts abutting residential uses and/or platted lots on residenti111y zoned property -The minimum required setbacks for structures located. within commercial, office and' institutional and industrial districts abutting residential uses and%r platted lots on residentially zoned property shall be calculated from Table 69.11 utilizing the following formulas. Where the adjacent residential district is .occupied by non-residential uses, is vacant or does not consist of platted lots, only the minimum setback shall apply. 58 0 Item 5 Zoning Text Amendment: Request by Richard Noyes to Revise the Setback Requirements for Non-residential Development When Adjacent Residential Districts Are Vacant or Do Not Consist of Platted Lots. (A-290, 4/98) ~` Planning Board Summary The Board voted unanimously to recommend approval with modifications. Expressing concerns with allowing setback variations adjacent. to vacant residential districts or platted residential lots, the Board chose to provide setback relief only in situations where the non-residential district was adjacent to non-residential uses in residential districts. The Board also decided that in these situations the minimum setback could be 20 feet, not the minimums specified in the setback table as suggested by Staff. The applicant agreed with the Board's recommendation. There was no opposition. PLANNING BOARD'S RECOiVIViENDAT[ON FOR 69.11-TIiE 1~IINIMUi`1 REQUIRED SETBACtiS FOR STRUCTURES LOCATED WITHIN CO~I~IERCIAL, OFFICE AND INSTITUTIONAL AND INDUSTRIAL DISTRICTS ABUTTING RESIDENTIAL USES AND/OR PLATTED LOTS ON RESIDENTIALLY ZONED PROPERTY SHALL BE CALCULATED FRO~tit TABLE 69.11 UTILIZL`G THE FOLLOWING FOR~i1ULAS. WHERE THE ADJACENT RESIDENTIAL DISTRICT IS OCCUPIED BY NON- RESIDENTIAL USES, TIIE 1<IINLti1Ui`I SETBACk SHALL BE 'TWENTY (20) FEET. A , PPLICANT S PROPOSED REVISIOi~ (bold rtal,cs ,nd,cates rev,s,ons) Section 69.11 Setbacks within commercial, office and institutional and industrial districts abutting residential districts -The required minimum setbacks for structures located within commercial, office and institutional and industrial districts abutting residential districts, wherein property is actually dedicated to residential uses or plotted (sic) lots, shall be calculated from Table 69.11 utilizing the following formulas: 1. Side Yard Required setback - (Building Height) x (Factor from Column B, Table 69.11) 2. Rear Yard ~ Required setback - (Building Height) x (Factor from Column D, Table 69.11) ° 3. Reduction in setbacks The required setbacks within commercial, office and institutional and industrial districts abutting residential districts, ,vherein property is actually dedicated to residential use or plotted lots, may be reduced as specified in Section 67. In no case, . however, shall any side or rear yard setback shall be less than specified in Table 69.1 1 4. Special Situations ~ (~ .J In all other situations within commercial, .office and institutional and industrial districts abutting residential districts, wherein property is not dedicated to residential . uses or plotted.{sic) lots, setbacks will be established on a case by case basis However the minimum setback, shall not be less than 20 feet ~ t Staff Summary Attached is a copy of the current regulations. They were adopted in ,1988 and were the result of efforts to provide better transitions, between. cpmpeting land uses, specifically in' mitigating the impacts of commercial and industrial uses adjacent to residential districts. ~ , Prior to the wholesale changes adopted in 1988, the. Ordinance simply required. setbacks for commercial and industrial uses locating .adjacent to residentially ~ zoned property. to meet. the requirements of the abutting yard in that district. For example, the side yard for a B-2 use adjacent to an R-15 District would only be ~10 feet because that was the minimum side yard required by the R-15 District. For other non-residential districts, such as 0-I, AI and SC, a minimum-side or rear yard was assigned. Though this approach was simple to'administer; it fell short.in mitigating the often ,intense impacts generated by non-residential uses. Under current regulations,.the development of a business, office, industrial or related use adjacent to a residential district requires a;setback based on the height of the non-residential use multiplied by~ a setback factor. This setback is mandatory even if the:adjacent residential district does,not contain a residential structure or doesn't consist of platted residential. lots. In all cases, a minimum is required and varies according to the underlying non-residential zoning classification. The applicant contends that requiring the setback if the adjacent residential district doesn't meet the above criteria or even if the district is used for non-residential purposes. is burdensome. In some cases that would b-e true because the County doe's permit 6y special use permit and routinely approves,a number ofnon-residential uses (convenience .food stores, driving. ranges,private, membership, clubs, day care, nursing homes to name a few) for residentially zoned parcels, resulting in situations where these uses may be adjacent to anon-residential district. Also, some non-residential .uses, ,such as elementary and secondary schools, churches, libraries and public recreation areas .are permitted by right in residential areas and the setback is still required. To address these situations,~the applicant suggestjs that the building height setback factor formula for determining setbacks apply only when the planned non-residential uses abut a residential district that is occupied by residential units or platted lots. In cases where the district is vacant and, not. platted for residential lots or is occupied by non=residential uses, they suggest incorporating a 20 foot minimum setback. A similar situation occurred in Northchase a few years ago. ,The project, which is ;zoned PD Planned Development, requires a~200 fringe use area allowing only~resideritial uses or open space.when non- residential'uses abut residentially zoned property. At issue. was the placement of.office type uses within the 200~feet area adjacent to the Laney High School and Trask Middle School properties, wl~l~re zoned R-15 Residential. The developer argued that the provision was onerous because the a residential zoned property wasn't used for platted lots or houses. The County agreed and amended the ordinance to eliminate the fringe use area if the adjacent residential district didn't consist of . platted lots and/or houses. ~ The curt ent situation is not stgmficantly different. As a result, Staff suggests the following revision: Section 69.11 Setbacks within commercial, office and institutional and industrial districts abutting residential uses and/or platted lots on residentially zoned property -The minimum required setbacks for structures located within commercial, office and institutional and industrial districts abutting residential uses and/or platted lots on residentially zoned property shall be calculated from Table 69.11 utilizing the following formulas. Where the adjacent residential district is occupied by non-residential uses, is vacant or does not consist of platted lots,-only the minimum setback shalt apply. .~ - _ _ - ,, ,. ~ ^ i 1~ 1 l _ 61 ~ . 62 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NEW HANOVER COUNTY BOARD Of COMMISSLONERS REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 - - - Regular Item #: 7 Estimated Time: ' Department: Courity Manager Presenter: William A. Caster ' Contact: Andy Atkinson SUBJECT: . ' Resolution concerning Local Option Sales TAx BRIEF SUMMARY: The NC Association of County Commissioners is supporting a state-wide campaign to receive authority from the Legislature for counties to enact an additional one cent local sales tax. A number of counties have enacted similar resolutions with the funding earmarked for a number of varying uses as hsown in the attached article taken from. the February 25, 1998 County Lines. An additional one cent sales tax if returned to the point of origin would yield approximately 517.5 million for New Hanover County. - RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board of Commissioners discuss the resolution and if desired pass th,e resolution. ` FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS N E( Consider Resolution. COMMISSIONERS' ACTIONS/COMMENTS: TIONS: COUMY COMMISSIONERS APPROVED ^ REJECTED D REMOVED p POSTPONED G~~- HEARD DATE .~~a`~~l1- RESOLUTION OF THE . NEW~HANOVER COUNTY. BOARD OF COMMISSIONERS WHEREAS, the New Hanover County Board of County Commissioners is charged with the responsibility of promoting the health, safety-and welfare of the residents of New Hanover County, as well as those who work within or visit the County; and ~ - WHEREAS, this Board of County Commissioners has determined that there exists a great need for capital outlay and that counties have many needed capital outlays; and WHEREAS, this -Board .is seeking alternatives to continued reliance on ad valorem property tax as property taxpayers are carrying a disproportionate share of the tax burden for providing the~funding for necessary services and facilities; a'nd WHERE the Commissioners believe-that having the ability to assess a one cent (5.01) local Sales tax returned to its point-of-origin in all counties is the best ~~alternativ to :raise revenu for needed capital outlay, ,,u/moo-{-~ ~ ~~c~, hu. A~~ I.vUx~E'~ -~o -F 4P~1~ -(o - -I`o f~~ (.~e,d -~iY S~P~~~tu'pc~s~ NOW, THEREFORE, BE IT RESOLVED that the Board of Count Y Commissioners of New Hanover County hereby requests that all members of the Ne~v Hanover County Legislative Delegation introduce and see enacted into Jaw a one cent (5.01) point-of-origin option sales tax for all North Carolina counties. This the day of , 1 ggg, (SEAL) ATTEST: Clerk to the Boa,~d~~„~~,~ ~~~,~ I~ ~'~ u 64 ~ ~ ~~>~ ~~~~~~~~ ___ r~~L`1~"1 .NEW HANOVER COUNTY William A. Caster, Cfiairman Board of County Commissioners 1 Counties ask for option of additional sales tax Br 1{lafi Shay Ilalifaa County commissionen wcre to discuss a solo ux resolution l CJ~lor according to County Manager Charles B. Archer. •ra• enatc Dill 594, which will be considered by the N.C. General Assembly this sum- ~mer, would, u currently wriUcn, give Gbarrua, Cumberland, Franklin and Johnston counties the authority to levy aone-pcrccnt solo lax with procccrls used for xhaol capital outlay. Dul, those four arc by no means the only eountics that would like fo have that ability. The following is a summary of county board actions, u reported to the N.C. As- s«iation of County Commissioners: , Thc Allegheny County Board of commissionen voted June Z, 1997, to aupport Icgislation for aone-cent local option solo tax that could be used to finance local in- frastructure projects, including water and sewer systems, schools, parks, libnrirs, landfills, and public buildings. On Nov. 17, 1997, the board pusscd o second resolution, This one asking that all eountics be given the option to levy one cent sale ux, with pr«ccds dedicated to building schools. On Fcb. 16, the board approved a ruolution of support fur Icgislation to give Catawba County aone-pcrccnt point-of--origin sale tax. •~• The Beaufort County eommissioncrs voted Scpt. 12, 1994, to uk the Ass«ia- lion to pursue additional loca(bption sales lax, which would hdp mcct'bressing needs in Bwu(ort County." •~~ Bladen County commissionen approved a ruolution on Scpt. IS, 1997, in favor of an additional one-cent sales tax, with pr«eeds being used to pay far school con- struction. Thc county is planning to hold a xhool bond rc(ercndum in August, and County Manager Creg Mart(n and his sell'believe a local salts ux option would greatly in- crease support for the rcfcrcndum. The commissionen and the Doard o(Education arc working to promote and suppoR the tax option. ~~• In Buncombe County, one cent on the property tax rate equals about S I million in rcvcnuc, which is paid by Icss than half the county's residents. In cunuast, arse cent of solcx tax in the county would cyunl about S I G million in annual rcvcnuc, county finance officers have Jctcrmincd. Al recent community meetings, Duncumbe residrnts indicated they would prc(cr an incrcuc in salts tax versus any incrcuc in property ux. So, on Fcb. 17, Duncombe commizsioners cndorscd a statcwidc 1«al option sale ux bill i~the tax wcre contingent on a vote of the people in each county and pr«ccds -would tx distrbutcd on the basis ofpoinfrof--sale. - ~~• Facing :event capital requests from both the Cabarrus County and Kannapolis boards of education, Cabarrus County commissionen voted $cpl. 19, 1994, to uk the Ass«iation to seek authority from the N.C. General Assembly (er eountics to rn- acl an additional one-pcrcrnt sale ux, provided the Ica passed a public «ferendum; the pr«ecds went towed a major eapiul nccd; and the lu included a "sunxt douse," meaning it would expire al a specific time. In April 1995, the bond (aced a choice of a S45 million bond issue, which would cast lupayen S80 million to repay over 20 ycan, or seeking the saln lax, wh;ch could raise. S45 million in five years. The bond chose to ask the Legislature for the sales tax and voluntcc«d to hold a « fcrcndum, to have the tax sunut in five ycan, and to dedicate all rcvcnuc: to school capital nccd:. On Nov. 17, 1997, the bond again sought a 1«al option cola tu, withprouais going to school conswction. Dut, in the meanwhile, Cabarrus may have found a way wound the Gcncnl As- sembly. !n the closing days of the 1997 session, Cabarrus' Icgislaton intraluccd a 1o- cal bill that gave the county and the city of Concord the authority to put "any question of public interest" on the ballot. After that became law, in September 1997, the county eommissioncrs xl up pr«ulures for the public orlhe board Io call a referendum. !n December, the board called a Feb. 24 referendum on two issues -aone-pcrcrnt local salt; lax, with proceeds going toward school construction, and alive-ycu time limit on the kvy, and aone-pcrccnt real-estate Innsfcr tu. •~• Caldwell County commissioners wcre scheduled to meal with their Icgislaton on Monday, Fcb. 2]. County Manager W.R. "Debby" White said that they plannul to ask the Icgislaton to support a sutcwidc local option salts tax, ' ... Catawba County approached the county's ddcgation in both 1996 and 1997 about the I«al option sales tax. Thc county is facing unprcccdcntcd growth and demands for service, yet the board doesn't (eel property owners, who alrrady bear 64 percent of the ux burden, could afford much more. The tax option, which could raise asmuch u S9 million in additional Cunds nth year. Thc eommissioncrs passed a resolution on Jan. 20 that endorse the sutcwidc Ilyde County hu caked its legislators on savant «casioru (or a "tax r which would allow the county to choose from an carte one-pcrccntsalu tar tnnsfcr tax, or possible other options. Thc commissionen do support the st: option, u long as the proceeds arc distributed on a per-capiu buts, accords County Manager Jeff Cradle; •~• Jones County will support the solo tax if its pr«eeds ue distributed o iu buts, said County Manager Larry Mudows- During 19997, the county received S 182,000 from the one-pcrccnt u' that's paid on "point o(origin° anJ SJ70,000 from the one-pcrccnt s+lu tax paid on a per eapiu buts, Meadows said. Thc dificrence betwern thou two is equal to six cents on the property ux rate. ~~• N^+h County commissioners endorsed the stucwide option in July 194 •~~ On Fcb. 17, Onnee County commissionen cited the growth in their cc pepulalion and the cortesponding incrcuc in the dertund for'new service a: agrccd to support the statcwidc option. Thc board, though, noted t."it the Ge scmbly hu been diminating the start sale tax on food over the put (cw yu rcconuncndation is that the I«al option sslu tax not apply to food. •~• Ppt County commiisioncn voted Fcb. 16 to ask Icgislaton to include t SB 594. They also endarse~ a sutcwidc action. ~~• Polk County commissionen cndorscd the statcwidc option at their lea ing. ' •~• Rowan County officials have found that aone-pcrccnt salts ux wou:C much money over 10 ycan as • IO-cent i«reue on the property-tax n:e wo 2] years. At its Feb. 16 mccting, the board cndorscd SD 394 if it a~ pLcs to t' sort or if it would indudc Rowan ss one of the counties with the au:honty. •~• Stanly County hu ^ S38 million school borxl re(uendum xhedulcd M Commissioncn would like to have rho Saks tax option, which they crxlurscG tuber. •~• Tnnsylveni• County voters approved a S24 million school bond rclm Iut November. Al Ihcir Fcb. 8 mccting, commissionen agrccd tha::hcy nn lobby local legislators for the local option sales tu, which they firs: c:ularsc April •~~ Yadkin County Ass a growing segment o(thc community that ?ays lie propertylaxu, and the need for in(ruweture is too g>eat (or property to ir. alone, said County ,tilarugcr Cecil Wood. Ttut hdpcd convince the commis s«k the I«al option. Sound Advice About Risk 65 Sedgwick MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE . 24 NORTH THIRD STREET, ROOiV1301 I<IAY 4, 1998 ITEMS OF BUSINESS ~ _ PAGE NO. 1. 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ACTON - ~E ,• r ~' - ~('i ~ ~/ = 47+64.89 -. ~S,JE,NATTOOKS T~ - faEDDIE FO _ , _~ ~ ~ TY OEVF10PNa d $ i i i{'}~ ~ L/ .I _ ~~ T ASSWATON u HOGiMO w CDPEEAN I 49+94.89 GONMIINI _ C 4` n - .... ~. j • :> PI 345+21.50. ~ ~ 345 ~ ~ .~~s`r~~ ,, g I Jy(!i 7 ' ANES- _ , O ~URICE W HURRAY - r.: r ' - LREENE'~ _ ~ ~ ~ Y ({' ~[ g a~ o ~ 2 ~'~) e. ~ _•.. _ a a~ S 2 R 8. , S ~. i~IF" ~ 1 '• 1 '~~ ~ ~ ~ ~ - ~ 350 0 4 ~_.~ £ $ ,^ ~ }) .~ C '~.. C h: s Q I ~ 5 ~ ~p £ ~ ~ I sir d 1.1b r~ ,~ s ~O ~~ In ~. nO Iq 'EUGENEHWALY~ 2 ~. ~ Llr FS ~ 1,1 i cn ~ ~ (~ © ~ ,: I ..- I IZ•• _:3~ a 1/1`/1 A • ~ ~ G~ I N ~~; a 'x335. .: I Y~ .. ~ ~ ' `~ .~ , P O` `tiF ~ F `~ r ~ ~ ~ ~ .. ~ 2q' ~ I 8 S~ f ~ 4 ~ - .14:6 ~~1 Ll I 1 o,t J; r ~I'I . .. ` oa°mo>o~ ~cu'ioc~~o'~ °' ,A' ~9.~~r1p~Z~ZD~37m~ n:p ~V mZZ~ ~r7c o mm zZC~~» ~~n ~ m3 e N ,~,~T~{--{y~~mDp Sy 1 "rn-~O D~~~Z. D O " "' ' ' I p . Z ~ m...i ~ - ~ ~ .. ~ ,mi r z~-Di Z ~ ~ ,d . D r C7 p C7 r n Zm . ~, V ~ ,. .' r .. . .. > ~ ~~ ~ - ~. .. ... ~, 1:.. • ~ 8~ '- S, - .. ' a c 2 0 ~ ~ ~ ~ O o o cp . ~ a ~ ~ ti _ t ~ o r "` h ~ a ~ . . _ N h E D . i= . - ~ ~ ~ ,. - .~ '•> - ro m ~... ' ~ ' •, r . m ~ •. ! , ~ . .~~ ~ 0 •~ _ ' ~ - .,~ ' f~ ~~ m .. ' ~ ppd.. Q ~ ~ ~ m ' ,. °o °~ ~ , - • - .. . "- X40 `0~, ~~ ~~ - <. .' . . - .. ,~° . . ' , ~.• - ,, ~ d ~ ' ~ •~ ~ . ~ ' ~~. ~~. q ~~ - _ .~~ fi ~~ _ ~ . ~ ~• •. ~ . 'p ~ ~ . - '• .. .~ ;~ ~ . .~ .~. . . ~i~ ~ ~p ' ~ ' ~ ~ • ~~ ~ ~ ' ~ ~ ~b .. ~i ' - - ~ ~ ~ ~~. ~~ . 1~ ~ . . ~~ ' . .. ~~_ 1~ ~1 , ' ~.. ~~ x ss ~~ S ~ + f ~ i .,_ _ . 1 p i ` I ~• t f• .~ 4 , 1. r CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COiv1MISSiONERS MAY 4, 1998 , " ITEMS OF BUSINESS PAGE NO. 1. Approval of Resolution to increase facilities and officer fees 71 2. Approval of the Consolidation Contract between;the State of NC; 77 Department of Environment, Health & Natural Resources (DEHNR) and New Hanover County Health Department (Contract #9S-033) 3. Approval of March of Dimes Grant Application to support flealth 89 Department parenting classes .•~ 4. Approval to .dispose of a 1991 GIv1C Cyclone truck, vehicle ID 9~ #IGDGT14Z8M8800, as a $10,582 trade-in on the purchase of another vehicle ~p 5. Approval of recommendation for computer system for Animal 97 Control Services and associated bud~~et amendment #9S-0169 6. Approval of request that Department of Aging be desi~~nated 107 Lead Agency for 1-lome and community Care Eilock Grant funds 1998-99 and approve receipt of Elome & Community Care Qlock Grant funds for 1998/99 and associated budget amendment #98-0170 7. Approval of Cape Fear Memorial Foundation Grant and associated 121 budget.amendment #98-0170 _ 8. Approval of award of bid #98-0299 and approval of contract #98-0299 127 for grate parts for the Volund boiler at WASTEC Facility to Ansaldo Volund A/S 9. Approval of resolution relating to the sale of surplus property owned by 149 the City of Wilmington and New Elanover County, Parcel Number R0054-10-018-014.000, 714 South 10'h Street for amount of offer $1,500 69 ITEMS OF BUSINESS PAGE . NO. 10. Approval of resolution relating to the sale of surplus property owned 153 the City of Wilmington and New Hanover County, Parcel Number R0054-13-033-020.000, 206 Marstellar Street, for amount of offer $3,715 .. 11. Approval of budget amendment #93-0171 to budget additional i ~7 revenue from fees as jail population has exceeded the fiscal year projection. The additional expenditure for food purchases will be offset by the greater than anticipated revenue .~Q 12. Consideration of Proclamation: Selective Service Registration 159 Awareness Month 13. Consideration of Proclamation declaring IVtay as Osteoporosis titonth 161 14. Consideration of Adoption of Proclamation Commemorating : ~ 169 the~Armenian Genocide 70 t 1 1 NEW HANOVER COUNTY BOARD OF COMMLSSIONERS ` . REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 . Consent Item # 1 .Estimated Time: Department; Budget Presenter: Cam Griffin, Budget Director Contact: Cam Griffin SUBJECT: ' Resolution to Increase Facilities and Officer Fees BRIEF SUMMARY: Counties throughout the State are experiencing an increasing number of demands by judicial officials from the State Administrative Office of the Courts and the Department of Corrections for more space within the judicial facilities. .The General Statutes provide counties the responsibility of creating new offices upon request and without consideration of whether adequate space even exists at the time of the request. i During 'the last 12 months, the State has added 10 new positions to New Hanover County's judicial ` system, and the County is required to provide the additional office space. As you realize, the New Hanover County Judicial Building is filled to capacity, and the County is leasing space for some court-related functions. RECOMMENDED MOTION AND REQUESTED ACTIONS: It is recommended that the Board review and approve the attached resolution. FUNDING SOURCE: ,The funding source would be payments made by defendants paying cost as part of their fine. ATTACHMENTS: COURTCOS. Currently, counties receive a portion of the "costs of court" which is assessed in every criminal and civil case. The defendant pays the cost as part of his/her fine, so no additional state funds are being requested. Counties receive the sum of S6 per district court case for facilities fees and SS per district court case for officer fees. Rowan County has requested that the New Hanover County Board. of Commissioners enact a resolution requesting an increase in court fees and assistance of our legislative delegation to actively support the proposed legislation to increase the facilities fees and officer fees under North Carolina General Statutes Chapter 7A. . if each fee is increased by 51, an additional 550,000 would be generated by New Hanover County on an annual basis. REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNi°Y COMMISSIONERS APPROVED L~ REJECTED p REMOVED [Q POSTPONED p HEARD DATE -5~`~'~y~..~ _,x~ . 71 F COUNTY MANA MENTSAND RECOMMENDATIONS: - Adopt resolution. ` ' ., . COMMISSIONERS' C IONS/COMMENTS: - ~~ `' 72 ~ ~~~ ~~~~:.~~ ~.~ . - _ ~~ .. .. i .. " RESOLUTION OF. THE -NEW HANOVER COUNTY BOARD OF COMMISSIONERS TO INCREASE FACILITIES AND OFFICER FEES UNDER G.S. 7A-305 AND G.S. 15-209 WHEREAS, Boards of County Commissioners are required under North Carolina General Statutes Chapter 7A-302 to provide adequate courtrooms and judicial facilities within their boundaries; and WHEREAS, Boards of County Commissioners are required under North Carolina General ...Statutes Chapter 15-209 to provide suitable accommodations for probation officers in or near the courthouse; and WHEREAS, the North Carolina Legislature since 1965 has recognized the financial burden upon Counties, and as a result enacted N.C.G.S. 7A-304-305 which establishes fees which in 1994 were set at 56.00 per case for facilities and $5.00 ,per case for officers; and WHEREAS, the costs incurred by Counties have risen dramatically through the renovation of courtrooms, judicial offices and through the employment of additional bailiffs for court proceedings and safety; and WHEREAS, the space required to house the positions recently added. by the Legislatures have caused the court related expenses to further exceed the court generated revenue; and. WHEREAS, the "costs of court" represents those costs associated with providing a judicial system whereby only those charged and convicted under the laws of the State of North Carolina bear the primary financial burden. NOW, THEREFORE,. BE IT RESOLVED THAT: (SEAL) 1. The New. Hanover County Board of Commissioners requests that its legislative delegation in the North Carolina General Assembly introduce and support statewide legislation to increase the facilities' fee from its present 56.00 per case to S12.00 per case and the officers' fee from its present 55.00 per case to 510.00 per case which will partially defray the costs of maintaining judicial. facilities; and 2. This Resolution be forwarded to the North Carolina Association of County Commissioners and all Counties to request their assistance in the 1998 Short Session. This the day of ATTEST: Clerk to the Board 1998. NEW HANOVER COUNTY William A. Caster, Chairman Board of County Commissioners COUNTY COMMISSIONERS APPROVED per" REJECTED ^ REMOVED ^ POSTPONED O HEARD DATE ~5 I_yAL~ f~ ''~- 73 r _~------._._._._ ~ ' ~ ROWA.Y ~ - -- . ---i - ~ o ~, j N ~ L . }.. ~ J'' ~iw~ 2 ~ ~J~1~ _ , •Rowan County Board of Commissioners .• 130~weslInner Street •,Salisbury, NC 2313-3 Jim Neely, Chairman J. Newton Cohen, Vice-Chairman Trlephone (70-t) 636-0361 Steve Blount FAX (703) 633-309? Dave Rowland ` Frank T. Tadlock l~Ial'Ch 18, 1998 Tim Russell, hfanager John Holshouser, Jr.• Attgrney ' . AIr. Allen O'Neal , T•_ .. i~Cw Han~'~er Cbart:• 320 Chestnut St. Room ~0'? ~~'ilmi~ngtoli, NC ~ 25401 Dear Itlr. O'Neal: The Rowan County Board of Commissioners unanimously passed a Resolution to request its leb slative deleDation<to introduce and supF~ort the passa,e of a revision to North Carolina General Statutes Chapter iA durinb the upcomin; short session to increase the fees currentl~• charhed under the "Cots of Court' for "facilities fees".and "officer fees". A copy of the Resolution is attached. Counties throubhout.,the State are experiencing an ilnqualified number of clemancls being made by judicial officials from the State. Admi,ni~trative Office of the Courts' and the Depart'mc,nt of C.orrectiona for. more -space ~~-itlin the Count}'s judicial facilities. It is becoming a routine occurrence to receive a request for additional ofE-ices as the State creates more positions to handle the State judicial and correctional systems. Several mouths ago, Rowan County was notified by the State P~obaticr~ and Pa:ole /IJ.,I.1Ct t}:At It lt'~S°.'Ot:°1V1P.a elcht {3) lle~v probation officers to serve Rowan County, and they-would need offices..wi hin the judicial facilities. Also, the District Attorney informed us that he was expecting a new. position soon and would need.a nc~v office. In each case, the Genel•al Statutes provide counties the responsibility of creating new offices upon request and without consideration of whether adequate space even exists at the time of the request. In our case, we ~vere required to lease private space. Currently, counties receive a portion of the "Costs of Court" which is assessed in every criminal and civil case. The defendant pays that cost as part of his/her fine, 5oii'~o~ad~diti'onal stat~e~~j!f~unds are being re uested. Counties receive the sum of 74 ~~ ~t~, ~.r ' ~ ~r • ~^~f~~ '~ ~ ~~~~' ~~ Equal (Opportunity Employer i',~.-.,~-..,,9,•,,,,.~.,._,~-~s~ U~Fb-~~ ~ (~ recycled paper ,~ ~~~PPP J 1 1 A 1 1 r ,.. . $6.00 per district court case for facilities' fees and $5.00 per district court case for officer" fee. In 1996-97, Rowan County received $13,144 from facilities' fees and interest while expending over $1,161,314 in costs, resulting in a cost to revenue ratio of 8.6 . to 1. Obviously, counties can't expect an event 1 to 1 ratio; however, counties can't continue to increase spending at this rate without consideration of increasing the . fees that are paid by the defendants in the judicial system. The Board of Commissioners hopes that your County Board will concur c~•ith our effort by enacting a similar Resolution, and by seeking the assistance of your legislative delegation to actively support his proposed legislation to increase the `'facilities fees" and "officer fees" under G.S. 7:~ to provide counties with additional funds to operate the. judicial system. If we can provide additional information, please let us knocv. Sin erely, James B. \eel~•, Chairman ' Attachment 75 This pad e inteittiofrally left blink 76 1 1 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05!04/98 Consent Item #: 2 Estimated Time: Department: Health Presenter. Lynda Smith Contact: Lynda Smith SUBJECT: Approval of the Consolidation Contract between the State of North Carolina, Department of Health and Human Services (DHHS) and New Hanover County Health Department (Contract # 98-0353) .BRIEF SUMMARY: The Consolidated Contract sets forth the terms and conditions applicable for Public Health activities provided through the Health Department for which the department receives state funding. The amount of funding for FY98-99 is $2,063,709 (51,303,173 through State Grants; 5760,536 through. Title XIX Medicaid. Earnings). - . RECOMMENDED MOTION AND REQUESTED ACTIONS: Motion to approve Consolidated Contract. This is a routine matter. FUNDING SOURCE: States: 1,303,173 Others: 760,536 . Money in FY98-99 Budget Request ATTACHMENTS: 11 pages -Consolidated Contract REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND ECOMtVIENDA Approve contract. This is a routine matter. COMMISSIONERS' ACTIONS/COMMENTS: . COUNTY COMMISSIONERS APPROVED ~i REJECTED ^ REMOVED D POSTPONED ^ HEARD . 5~1~~ DATE ....., ~ ~- - -.-~ ~,. .. Pcyi: 1 of 11 NEW HANOVER COUNTY CONTRACT # 98-0353 • ~ CONSOLIDATED CONTRACT ._ BETWEEN .- THE STATE OF NORTH CAROLINA AS REPRESENTED BY THE STATE HEALTH DIRECTOR (Hereinafter piled the 'Stated . ANO New Hanover County~Health Department (Local Health Department -Hereinafter called the'DepartmenY') .. FOR THE PURPOSE OF - ~ MAINTAINING ANO PROMOTING THE ADVANCEMENT OF HEALTH IN NORTH CAROLINA This Contrail Shall Covera Period From ; Jufy 01, 1998 to June 30, 1999 , NOW, THEREFORE, the State and the Department agree that the provisions and clauses herein set forth shall be incorporated in and consirttrte the terms and conditions applicable for the following activities involving State funding. (State funding or funds.means state, federal, and/or special (ending or funds throughout this conUact) ' . Adult Health Aids. Control Child Health Childhood Lead Poisoning Child Service Coordination Children Special Health Services Communicable Disease Environmental Health Epilepsy Family Planning Food and Lodging General Aids To Counties Health Promotion, Hypertension Immunization Action Plan Maternal Block~Grant Nutrition Maternal Health` - Maternity Care Coordination Mosquito.Control Project Assist Tuberculosis Women, Infants, and Children ~~~~~ ~. ~~~~ O' ~~~'a~1~3~ 7 8 ~ ~~tl~a~~l~ ~. ~ ~~~ 4 ~~~~ ...•is~xnx-a.~-. -~ - ~} Page 2 of t1 A. WORK TO BE PERFORMED 1. The Department shall perform activities in compliance with applicable program rules contained in the North Carolina Administrative Code as well as all applicable Federal and State laws and regulations. ' 2. The Department shall perform the activities specified in the Program Contract Addenda for State funded budgets. 3. The Department shall administer and enforce alf rules which .have been adopted by the Commission for Health Services or approved by the State and adopted by the Local Board of Health. 4. The Department shall provide to the State copies of rules adopted by the Local Board of ' - Health pursuant to G.S. 130A-39 and Public Health Ordinances adopted by the County Commissioners, within 30 days of adoption. 5. The Department shall provide to the State a Community Diagnosis Prioritization of Problems every biennium. The Department shall also provide a Community Diagnosis narrative, if - completed. B. FUNDING STIPULATIONS 1. Funding for-this contract is subject to the availability of State, Federal, and special funds for .the purpose set forth in this Contract. 2. During the period of this Contract, the Department shall not use State, Federal. or Special Project funds received under this Contract to reduce locally appropriated funds as reelected in the Local Health Department Budgets. 3. The Department shall not use personal health program funds to support environmental health personnel nor use environmental health program funds to support personal health .programs. , 4. Fees generated by .the Food and Lodging fees collection program may only be used to support Environmental Health activities. '- 5. Funds for Childhood Lead Poisoning Preverition maybe used to support both environmental health and child health activities. 6. The Department shall comply with Standards for Mandated Public Health Services, 15A NCAC 25, Section .0200; and Administrative Procedures Manual for Federal Block Grant Funds, 1 NCAC 33, Sections .0100 - .1502. 7. The Department shall maintain employee time records to document employee salaries and fringe benefits charged to state funds. The percentage of time each employee spends in each activity shall be converted to dollars based upon the employees' salary and benefits. 8. The Departmentparticipating in Medicaid Reimbursement shall 1 a. Comply with the terms of the Medicaid Interagency Agreement and the Provider Participation Agreement effective October 1, 1992 and any subsequent a Q+~d addenda or new Agreement approved and established during the period of th~9 contract. " 1 . Page 3 of 11 b. Make every reasonable effort to collect its cost in providing services, for which Medicaid reimbursement is sought, through public or private third party payors except where prohibited. by Federal .regulations or State law.. No one shall be refused . - services solely because of an inability to pay. 9. Subject to the approval of the appropriate Division,.aJocal health de artment ma seek P Y • reimbursement for services covered by a program operating under 15A NCAC. 24A rules when those services are not supported by other state or-federal funds. All payment program rules and procedures as specified in the Purchase of Medical Care Services manual must be followed.- ; ~ . 10. The Department shall provide interpreter services at no cost to clients or their families for those services provided free to the general public. . 11. Subject to the availability. of funds.. and approval of the:Office of Public Health Nursing, a local health department may request reimbursement for. a. Nursing service personnel participating in the Int~odudion to Principles and Practices of Public Health-and PublicFHealth Nursing course:Reimbursement is limited to no more than $400.00 per participant upon successful completion of the course. b. Nursing service personnel participating in the the Public.Health Nurse Supervisors Training Course. Reimbursement is limited to no more than $600:00 per participant .upon successful completion of the course: • - c. Community Health Assistants and Public Health Nurses attending certain pre- - approved Continuing Education courses offered by the Office of Public Health . , , Nursing. Reimbursement is limited to•$25.00 per. participant per event. 12. The Department shall have an annual audit performed in accordance with The Single Audit Act of 1984 as implemented by,QMB~Circular A-133.The audit report should be'submitted to the Contcoller's Office within~(nine) 9 months following the Uose of the, contrail. Audit findings and resolution of said findings shall be handled by the Controller's Office. 13. Equipment is a type of fxed asset consisting of specific items of property that: (1) are tangible in nature; (2) have.a life longer than one year, and (3) have a significant value a. For Inventory Purposes 1. Equipment must be'accounted fog in accordance with Local Government Accounting System'Pro'cedure No. 15. 2. ... Women; Infants and Children Program ~ ~~. All equipment with an acquisition cost of $500.00 or more must be inventoried with the Division of Women's and Children's Health. b. For Prior Approval Purposes f 1. ~ Ile ui men ur s A q p t p cha ed or leased where there ~s an option to purchase with 8 0 State/Federal funds .must receive prior written. approval from the appropriate ~} Division when the acquisition cost exceeds $500.00. { - 0 1 1 1 1 1 1 1 f 1 Page 4 of 11 2. Women, Infants and Children Program All medical equipment and computer equipment, .regardless of cost and all other equipment with an acquisition cost of 5500.00 or more must receive . prior approval from the program office. _ 3 C. FISCAL CONTROL The use of Maternal and Child Health Medicaid fees for capital improvements requires prior written approval from the Division of Women's and Children's Health. 1. The Department shall comply with the Local Govemment Budget and Fiscal Control Act, North. Carolina General Statute Chapter 159, Article 3. a. The Department shall maintain a purchasing and procurement system in accordance with generally accepted accounting practices and procedures set forth by the Local Govemment Commission. b. The Department shall execute written agreements with all parties who invoice the Department for payment for the provision of services to patients. c. When subcontracting, the following conditions must be met: ~1. The Department is not relieved of any of the duties and responsibilities provided in this contrail. 2. The subcontractor will agree to abide by the standards contained herein or to provide such information as to allow the Department to comply with these standards. 3.. The subcontractor will agree to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor of the Department. 4. The Department will make available to the State upon request a copy of subcontracts supported with State/Federal funds. d. The Department must receive prior approval from the state to subcontract when any of the following conditions exist: 1. The Department propses to subcontract to a single enity fifty percent (50%) or more of the total state and federal funds made available through this contrail. 2. The Department proposes to subcontract fifty percent (50%) or more, or 550,000 which ever is greater, of the total state and federal funds made available through this contract for a single public health service activity. 3. The Department proposes to subcontract for services in tFBV~'omen, Infants and Children Program. ' .. Page 5 of 11 e. The Department shall retain all budgets, budget revisions, contracts, contract addenda, and•financial records in accordance with the current Records Disposition Schedule for County acid District Nealth Departments issued by the Division of Archives and History,,-Department of'Cultural Resources. , 2. The Department -shall prepare and maintain a budget for each activity covered by this ° - contract in a manner consistent with instructions provided with Local Health Department Budget -WIC Form 3370 and Local Health Department Budget Form 2948. a. The Department shall prepare budget revisions for prior approval of the State when State funds will be increased or decreased. ~ ' b.~ The Department'shall submit alt revisions prior to the end of the term specified in this Contract. Budget revisions received by the State after the end of the contract period will be returned without action. 3. The Department shall observe the following conditions when budgeting and reporting earned revenues: U a. All payments from persons, and public or private third party payors, shall be utilized for the activity that generated the revenue and shall not reduce or replace locally appropriated funds during the period of this contract. The Department may use revenues from any Division of Women's and Children's Health supported activity in any other activity supported by the Division. b. All earned income must be~budgeted in the program where earned, except that income earned by a program which has no activity budget can be budgeted in a program approved by the State. Wth regard to revenue generated by maternal and child health related'services, program is defned as any activity supported by the Division of Women's and Children's Health. c. All fees collected shall be used in the current yearor succeeding fiscal years. d. Use of program income generated by the expenditure of Federal categorical funds will be governed by applicable Federal regulations, including but not limited to 45 CFR 74. ' e. When budgeting: i ' Line item 9000 on the program budget must be used to budget the total of line items 101, 102 and 103. - ~ ii. " Line item 102 on the program budget must be used to budget TXIX earned i • revenues`- {_,,( iii. Line item 103 on the program budget must be used to budget other earned revenues. ~ - f. When reporting expenditures: ~ `` 8~ i. Line item 9000 on the.Local Expenditure Report must be used to report the total of line items 101, 102 and 103. 1. 1 1 .. ~ Page 6 of tt ii. Line item 102 on ,the Local Expenditure Report must be used to report TXIX earned revenues that were expended. iii. Line item 103 on-the Local Expenditure Report must be used to 'report other earned revenues that were expended. g.. A local account shall be maintained for unexpended TXIX fees. Accounts shalt be maintained in sufficient detail to identify the program source generating the fees. h. The amount of Title XIX fees budgeted in FY 1998-99 must equal or exceed the amount of Title XIX revenues earned during FY 1996-97. The state will not ` approve program activity budgets that do not inUude an amount of Title XIX fees sufficient to meet the requirements of this section. The state may waive this requirement if the Department provides sufficient justification. 4. The Department shall submit a quarterly report of actual receipts and expenditures of the Department according to instructions provided with Local Expenditure Reports, Form 2949 and Form 2950. a. The. Department shall submit quarterly expenditure reports to the State within 45 days from the end of the reporting quarter. Failure to meet the reporting deadline will result in an immediate suspension of payments until the overdue report is received. b. The Department shall submit the final Expenditure Report to the State within 45 days after the end of the contract period. Report is due by August 14. c. The Department shall submit amended or corrected expenditure reports within four (4) months after the end of the contract period. Any such reports must be prepared for the specific quarter to be amended or corrected. Reports received after October 31 will be returned without action. d. The Department shall refund to the State all unexpended State funds within 45 days after notification of overpayment. When payment is not received by the State within 45 days, future payments to the Department may be reduced by the - amount due.or payments may be suspended until the refund is received by the State. - ~ e., .. The Department shall submit monthly WIC expenditure reports. to the State no later than the 8th of the following month. Final expenditure report is due by . August 14. f. Reimbursement of WIC approved expenditures for July, August, and September cannot exceed one-fourth of the total budget for the contract period. g. The Department shall submit monthly Minority Infant Mortality Reduction and Healthy Start expenditure reports to the state no later than the 15th of the following month. , h. The Department shall submit expenditure reports for Mosquito Control activity in accordance with 15A NCAC 18B, Sections .0104 and .0107. I. The Department shall submit request for payment for services. provided und(e) ~A NCAG 24 A rules to the Claims Processing Unit, Purchase of Medical Care Services, DHHS. t Page 7 of 11 j. The Department shall submit request for reimbursement for nurse training to the Office of Public Health Nursing. Form 3300 -Public Health Nurse Training Activity must be used as the invoice for payment. 5. The Department shall submit on an annual basis, Staff Time Activix}r Report, 3389, Environmental Health Report, 3738,. and Food and Lodging Report, 3888. The reports shall accompany thefinahexpenditure report and must be received by the State within 45 days after the end of the' contract period: D. PERSONNEL POLICIES ~ ~~ The Department shall adhere to and Yully comply with' State personnel policies as found in North Carolina General`Statute, Chapter'126, and' 1 NCAC 8. Such policies include, but are not limited to, the following: 1. Equal employment opportunity;' ~ ~ ' " 2. Affirmative action; 3. Policies for local govemrnent employment subject to the State. Personnel Act; 4. "Local Classification and Salary Range"; 5. "Compensation.Policy for Local Competitive Services Employees"; and 6. "Recruitment and Selection Policy and Procedures"; - 7.~ Environmental:Health Specialists employed by the Department shall be delegated authority by tfie State to administer and enforce State"environmental health rules and laws as directed'by the State pursuant to G.S. 130A-4(b). This delegation shall be done according to 15A NCAC 18A .2300. a. 'L'ocal health departments are responsible' for sending their newiy- employed environmental Health specialists {interns) to ~33 days (6.5 weeks) of initial field training/o'nentation at the training center within 180 days from date of employment. b: Arrangements for initial field training/orientation for newly-employed - environmental health specialists will be handled by the Education and Training Staff, Division of Environmental Health. ' .. ~ c. A local health department which is contracting with an environmental health specialisYemployed by another department shalt be responsible for assuring that all original documents, correspondence, and other public records be`maintained in the Health-department using the contractor and the contract shall •stipulate that'the contractor shall be'available for consultation to the public being served. 8: The' Department shall comply with Minimum Standard Health Department Staffing 15A NCAC Section .0301(c), and shall assure that all nursing staff who provide 8 ^' public health services funded by this contrail comply with this rule. ,; ~, Page 8 of 11 ~i E. CONFIDENTIALITY AN information as to personal facts and circumstances obtained by Department personnel in conneilion with the provision of services or other activity under this Contrail shall be ~! ~ privileged communication; shall be held confidential, and shall not be divulged without the responsible person's written consent except as may be otherwise 'required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other. form which does not directly or indirectly identify particular individuals. F. CIVIL RIGHTS ~- 1. The Department shall assure that no erson, on the rounds of race color a e P 9 9. religion, sex, marital status, immigration status, or national origin (unless otherwise medically indicated) or otherwise qualified handicapped individual solely by reason of his/her handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this Contrail. ~, 2. The Department shall complete HHS Form 441, Assurance of Compliance with the Department of Health and Welfare regulations, under Title VI of the Civil ~\ Rights Act of 1964; for the Women, Infants and Children Program, FNS-64, • Assurance of Compliance with"the Department of Agriculture Food and Nutrition Service, under Title VI of the civil Rights Ad of 1964; and NHS Form 641, ~- Assurance of Compliance with Section 504 of the Rehabilitation Act.of 1973. 3. The American with Disabilities Act 1990 (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 Department certifies that it and its principals and subcontractors will comply with regulations in A.D.A. Title 1 (Employment), Title II (Public Services), and Title III (Public Accommodations) in fulfilling the obligations under this agreement. ' G. RESPONSIBILITIES OF THE STATE 1. The State shall provide to the Department upon request technical assistance in the preparation of the Consolidated Contrail, Activity Budgets and Contract Addenda 2. The State shall specify those administrative forms/reports and their respective revision dates that are required by particular activities pertaining to the Department's budget with the State in Listing of Required Fiscal and Statistical Reports (Addendum 1) for the contrail period..New forms/reports not listed in Required Fiscal and Statistical Reports shall be implemented during a contract period only with the approval of the State Health Director. 3. The State shalF provide to the Department within thirty (30) days after receiving an acceptable activity budget from the Department an approved signed copy of the budget. ~: 4. The State shall provide funds to the Department upon approval of the Contrail Addenda, activity budgets, and signing of this contract. Q ~; 5. The State shall assist the Department to comply with all applicable laws, (~ _ regulations, and standards relating to the activities covered in this contract. ~r .. Page 9 of 11 6. The State reserves the right to conduct reviews to determine compliance with the terms of this contract. ', 7: The State sh'all'be assured thaf the Department mairitains expenditure of locally appropriated funds .for maternal health, child health,; and family planning activities equal to or greater than that reported,on the Staff Time Activity Report for the period beginning July 1, 1984, and ending June 30 1985. This. maintenance of effort shall be measured by salary equivalencies which are,to be maintained in accordance with Section 8. 7. of this contract. H. DISBURSEMENT OF FUNDS .~ ~k The State shall disburse funds to the Department as follovvs: J~ 1: Provided the Consolidated Contract is properly executed and all quarterly expenditure reports are filed within the, established time frames, payments equal to 1112 of the total program approved budget shall be made in the following months: July. August September October November January February April ~ May . Based,on expenditures reported for the first, second, and. third quarters, payments shall be adjusted either upward or. downward, in payments made in the following months: December March .June _ ~~ 2. For departments selecting quarterly reimbursement.option,' payments shall be made when the quarterly expenditure report is received. Quarterly payment. for reported expenditures shall be limited.to one-fourth of the budgeted amount 3. For departments receiving Rural Obstetrical Care Incentive funds, payment of such funds shall be made in one lump sum the month following receipt and approval of the activity budget. ~-,l 4. ,For departmentsreceiving Healthy Start or Minority infant Mortality Reduction project funds, payment will be based on actual reported expenditures. Monthly payments will be made provided that expenditure reports are received as required . . in :C. 4. g.. 5. Food and lodging fees will be disbursed to .the department in one sum the month . ~ following receipt and approval of the activity budget and any~subsequent budget ,revisions. 6. Funds for Childhood Lead Poisoning Prevention will be disbursed once per year. , The amount will be determined by the number of confirmed cases identified in each. county. A separate contract addendum.must, be submitted with budget page in order to receive .these funds. Funds for training will. be disbursed upon request. 8 ~ 7. Increased or decreased.,payments necessitated by changes"in the total budgeted amount will be reflected in the monthly payments subsequent to approval of the - .budget. revision: 5~) Page 1`0 of 11 8 Payments shall be suspended when expenditure reports are not received by the time specified in C. 4. a, b, e, g and h. Payments will resume in the months subsequent to receipt of the expenditure reports. 9. Payment is limited to the total amount of the budget by line.item as reported on Expenditure Report 3389. 10. Final payments will be made based on the 4th quarter expenditure report. Final payments will be equal to the difference between approved reported expenditures and the sum of previous payments. Final payments should be made not later than September provided that an original signed copy of an expenditure report for each quarter has been received by the Office of the Controller. Final payment will be made only after the Staff Time Activity Report, 3389, Environmental Health Report, 3788, and food and Lodging, 3888 are received by the State. I. ~ AMENDMENT OF CONTRACT - Amendments, modifications, or waivers of this contract may be made at any time by mutual agreement of all parties. Amendments shall 'be in writing and signed by appropriate authorities. w J. PROVISION OF TERMINATION This contract may be terminated for reasons other than non-compliance upon sixty (60) days written notice by eitherparty. If termination should occur, the Department shall receive payment only for allowable expenditures. The State may withhold payment to the Department until the State can determine whether the Department is entitled to further payment or whether the State is entitled to` a refund. K. COMPLIANCE 1'. The State shall assure compliance with all terms of this contrail. a. Upon determination of non-compliance, the State shall give the Department sixty (60) days written notice to come into compliance. Jf the deficiency is conrected, the Department shall submit a written report to the State which sets forth the corrective action taken. b. If the above deficiencies should not be corrected to the satisfaction of the State after the sixty (60) day period, disbursement of funds for the particular activity may be temporarily suspended pending negotiation of a plan of corrective action. c. If the deficiency is still not corrected within the next thirty (30) days. following temporary suspension of funding, program funds may be permanently suspended until the Department can provide evidence that the deficiencies have been corrected. 87 Pa e11of11 9 d. In the event of the. Department's non-compliance with clauses of this .. contract, the State may cancel, terminate, or suspend this contract in whole or in part and the Department.may be declared ineligible for further State contracts or ag~eemerrts. Such terminations for hon-compliance shall not occur until: (1). the.:provisions of Section K-1 (a-c}have been followed, documented, and have failed to ,provide a resolution, (2) all other reasonable administrative remedies have been exhausted. 2. If the Department or the State should be determined out of compliance with the ,provisions of the contract, either party may file a,formaf appeal with the Office of Administrative Hearings. ~ ~`~; . ~j IN WITNESS WHEREOF, the Department and the State fiave executed this agreement in duplicate originals, one of which is.retained by each of the parties. LOCAL SIGNATURES STATE OF NORTH CAROLINA Health Director Date ey State Health Director ' ~ or Authorized'Agent Finance Officer Date Chairman of County Commissioners Date (when required) ~...I ....: 88 ~` NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~:. REQUEST FOR BOARD ACTION Meeting Date: 05/04/98 Consent Item #: 3 Estimated Time: • ' 1 1 1 ~. Department: Health Presenter: Janet McCumbee Contact: Janet McCumbee SUBJECT: March of Dimes Grant Application to Support Health Department Parenting Classes BRIEF SUMMARY: At the April 1 Board of Health (BOH) Meeting the Board of Health approved a March of Oimes Grant Application to support and enhance Parenting Classes conducted by New Hanover County Health Department. The objective is to remove barriers to attendance (transportation, need for child care) and to enhance classroom presentations. The grant amount is $2,500. (See attached application for specifics and proposed budget.) RECOMMENDED MOTION AND REQUESTED ACTIONS• Approve March of Dimes Grant Application and authorize County Manager to accept grant and approve budget amendment if grant is approved. (5.pages) FUNDING SOURCE ATTACHMENTS: 5 pages -Grant Application REVIEWED BY: LEGAL: NIA FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve submission of March of Dimes Grant application an thorize County Manager to accept grant and approve budget amendment if grant is approved. ~, COMMISSIONERS' ACTIONS/COMMENTS• COUCVTY CQMMiSStONQ~S~ APPROVED L~ REJECTED REMOVED p POS~i BONED O 89 HEARD p DATE sI4 ~~ _ Wilmington. NC 28401 .. , Telephone and. Fax ;19101. 343-6559• . Fax• 4910? 341-4146 ,:. Type of Organization Health Department County (ies) to be served New Hanover County .. Total Amount.Requested 52;500:00 Signature of Executive Director/Acting Executive Director or Chair er p son of the Board PROJECT OVERVIEW (1) Which of the program's themes/areas does your project .address?~ (check all that aPPIY) O Preconceptual health ~ O:•Prenatal health ^ Adolescent pregnancy prevention ~ Outreach/Ed'ucation -~ ^ Male involvement/responsibility ^.Minority groups (2) Please provide a 'ef overview of the project you are proposing. This should ~I I include: a) a short problem statement, and b) a clear statement of your project l~ goals and objectives. _ r, j~ ~°..Fv,Z ! iJ ,wuty+r.~ The New Hano der Co,u~nty~Health Department proposes to obtain March of Dimes grant money to~supp~grt~ and enhance our parenting classes. Through many `~ ~,; ~,,;~1#1 Page l of S 18 .. _. •. .. , - -~- contacfs .with the. general population in New Hanover County, our staff has realized - : ~~, the need.for health. education for re Want wome P 9 nand new parents. Two years , __ ago we ;began aquarterly-.series or parent education classes. These seven classes. _ _ cover health issues, safety, nutrition, child development/discipline/self esteem, and ~'_ _, _" arent needs Burin re nanc ~ - _ , P g p , g y.and.postpartum. During classes many questions , „ - ~ come up about pregnancy and they are answered by professionals. Our overall goal. . ""' ` is to'have good pregnancy outcomes and increase parenting skills in our 4' ' -~ community, Our subgoals include: .. ~~' _ a)~ ..increased general attendance .• - - ~ _ b) increased participation in class activities : .,,_ " - . - c) ,~ more dads attending classes ~ - ~ ~ ' ' - - ~~ ~. d) ~ beginning classes during pregnancy instead of ost artum : . P P .e) ~ better retention of material learned. Objectives to achieve our goals: ~ .~ - ~..aj remove barriers to attendance (transportation, need for child care for"other I ~. ~-~ . ~childreri in family) '' ~ ~ b). provide incentives to attend .' ~ - w - ' c) -, enhance classroom presentations by °supplyirig attractive materials and . - audio-visuals:to instructors ~ - . s ,. . d) improve outreach/publicity,. - ~` . SERVICES/PROGRA MS/ACTIVITfES ~~=~ ~ - ~ - ' ` `- ~ (3) What current projects does your organization have in place to reduce infant mortality or improve birth. outcomes for women and. their babies? - '~, ~ . ~ . One major health de~partmerit program.is.the Maternity Care Coordination (MCC) program, .This service includes a nurse or social worker assigned to prenatal clients - - to' assist with :community resources, monitor medical care, ..and educate one-on-one ' to reduce barriers,-to prenatal care. This program presently serves 670 clients. Our .. Women'sHealth Care Division also provides high risk prenatal. home visits to' ' ~ moriilor~clents who are at risk for pregnancy complications.' Our family planning ~ - . clinics provide preconceptions)-:health teaching" and encourage spacing pregnancies ; . . . ~~ for best outcomes., - .. . ; f ~. ~~ - , ~ .. ~y . ~ . . - 1 pQ~Z 6f s - ,., . . ~_ ~ . 19 ~a - .. -- -: - -- -_ -- ;- --- - (4) Please::describe your organization's history of collaborating with community - - __ . _ agencies involved in services to women of reproductive age. -- _- _. _ _ _ -- - -- _ :. _. - -- - Our~ agency is involved in the community in many ways in women's health. Our .. _ _~ ~ _ maternity care coordinators spend most of their day at New Hanover Regional ., ,.Medical Center (NHRMC) OB clinics and at several private OB offices. Our family >. . - planning staff has coordinated severah Breast and Cervical Cancer Screening clinics in the past year with NHRMC and Community Charge on Cancer. One is also planned in the near future in cooperation with Planned Parenthood. Our Women's (~ Health Care Division Director is on the WHAT (teen center) Board. J-..-y (5) Please list the names of other local groups .you will collaborate with on this project. Many different divisions in the health department collaborate on our parenting education. These include Nutrition, Health Promotion; -Child Health, and Women's Health Care. We have contacted all other agencies in New Hanover County who provide parenting education and compiled a flyer to give clients a choice of classes. We also collaborate with all agencies serving women and children to advertise our classes (social services, etc.) We do receive client referrals -from these other agencies., We have worked with the Association for Retarded Citizens (ARC) to provide sitters with appropriate supervision. Another agency which sent volunteers to one series of classes was the Department of Aging. PRIORITY POPULATION (6) Who will be served by this project? .How will program participants be identified and recruited? Approximately how many participan"ts do you expect to serve? These parenting classes serve. pregnant and postpartum women with young children, as welt as dads, grandparents, and other support persons. Program participants ar.e .identified by maternity care coordinators at maternity clinics and OB offices. We put community announcements iri the local newspape~~ before each series begins and on local television. Flyers are sent` to all referral agencies periodically. Our Child .Health staff also identify clients in need of parenting education. We presently have an :average of seven participants each quarter (28 per year); however, we would like to use this grant to increase participation to 10 - 12per class (40 - 48 per year). 92 . Page j of 3 20 - . ... , _. . ~'- . - -. - ~= - - PROJECT. IMPLEMENTATION/IMPACT - ~ - - (7) .Please. outline the mairi,_ activities for the start-up and subsequent phases of .the _ - _ -- Project__~ NOTE.: Please make sure that your budget,.items relate to these activities... ,; ~_ ~.~ ~. There wilt be no "start-up° activities since this project is already functioning. March {- ~ ~ of=pimes money would greatly enhance our activities: - - - ~:~a) To provide transportation assistance to parenting classes via bus tickets or .~,- ~ _ ~ taxi fares. - b) To provide sitter services for children through contracting with a qualified F ~ 'child-care provider:'' 4. - - - - c)' -To provide incentives for class attendance--refreshen ents, pnzes for Learning games,gifts for series completion. ~ - ' ~ d) ` To purchase materials i.e. audiovisuals, cra#t items, etc. to enhance ~Y ~ ~ presentations and make classes in ~ ~ , ' teractive. , e} To send out PSAs, community announcements, along with flyers to all . ,.. service agencies, day cares, churches, OB doctors' offices. a - .(8) Who wilt provide the services/do the work (indicate profession if applicable)? L ,Our parenting class series is coordinated by a Social Worker II in .our Child Health Division. Classes are .taught by social workers, nurses, health educators, and - nutritionists. - - -•~ - fig} How do.you plan to keep track of your services (i.e.-the number-of classes held, - - .the nuenber. of women who attend etc.)? We already`have a-data collection system. All class attendee information is entered., •~ ?~'- ~ into the com uter ' p and a monthly report is generated. . .. ~. (10) What. do you think the impact of your project will be?. ft is hard to measure the impact of health education in the short term on pregnancy ~y outcomes. We can measure knowledge obtained by pre-testing and post=testing - during: classes. Our education includes topics to improve pregnancy' and infant ` ~- outcomes, good nutritional habits, the importance of prenatal care, breastfeeding, _ and. Back to Sleep (Sudden Infant Death S ndrome revention informa " Y P ) tion. We • expect good class evaluations by participants, satisfied participants referring friends, and healthy babies being born to participants. ` ,., ,_ . '~.r ~` . ` PagY~b~ S i; , ~ ... - . - , , ~. -: - __ 21 _ - ~_ _ _ ... _ '~J PROPO .. -- SED BUDGET - _ .._:; <:: ,. BUDGET ~ '97 - '98 FY -1.) Contract Sitter $ 500.00 . (4 series of 7 classes each = 28; 28 x 2.5-hour classes = JO hours; ' ~ 70 hours x $7.00/hr = $490.00) 2.) Supplies U Videos $200.00 Craft Materials 200.00 Refreshments :~ 300.00 _ Handouts/Educational 300.00 Materials Incentives 500.00 , 3.) Travel ~ Bus Tickets 5100.00 Taxi Fares 200.00 4.) Communication/Printing - $200.00 TOTAL AMOUNT REQUESTED 5 2, •~.~• lJ 94 ~. Page S of S 22 -. --- - .. ._ _ .. - ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS. ,;` -~ - ~ ~~~ - '- - ~ REQUEST FOR BOARD ACTION -._ ~ ~: -;,_..:. '- -Meeting Date: 05/04/98 - ' : - . -. _ - Consent Item #: 4 Estimated Time:. -. `- ~ ` ~ ' ~ " Department:, Sheriff Presenter: ~ ~ ~ ~ . ~,~ : . ~ Contact: Amy Akin .. . .. . , , . SUBJECT: ~ .. .'Disposal of a 1991 GMC Cyclone Truck, vehicle identification number - ,1GDCT14Z8M8800, as a $10,582.00 trade-in on the purchase of another'vehicle. . ` ' BRIEF SUMMARY: _ ` _. The Sheriff desires to purchase a 1997 vehicle for use in his department. Bids were. solicited from Bob ~ ^` ~' King. Pontiac GMC, Jnc., D8E Car Exchan a Inc. and Ri Au 9 ppy topark for the purchase of a vehicle with _ ,- ~ .: the 1991 GMC Cyclone truck being used as a trade-in. Bob King. Pontiac GMC, Inc. offered a vehicle ,price and trade-in amount that resulted in the lowest net price. RECOMMENDED MOTION AND REQUESTEDACTIONS:_' ,.Staff recommends adoption of attached resolution giving approval to the Finance~Office to dispose of the j~; ~ ~ 1991 GMC Cyclone truck, vehicle identification number 1GDCT14Z8M8800 as a trade-in on the purchase ~ , of the 1997 vehicle. ~ Y ' (Note: budget amendment is not required.) ~ - FUNDING SOUR .. , ,, CE: Trade-in allowance will tie recognized as revenue and posted to the following account: 347-431-8000-6030 ._ . .. '~, ` . ,. ATTACHMENTS: _ . ,~ ,, . . . , - Se` . , Iltrgk.wp , ... ., .. ~^ REVIEWED BY: •, ' ' LEGAL:;• .~ FINANCE: APpcove; BUDGET;.Approve HUMAN RESOURCES: NIA ~': .•COUNTY MAN AGER' ENTS AND RECOMMENDATIONS. Recommend approval. • ,. ~ , ~: COMMISSIONERS'~ACTIONS/COMMENTS: ~• - .. .. s - , ,. ~ COUNTY COMMI~IONERS~ ~:. APPROVED ~i . ~: . _ ~ REJECTED p !, . ~ REMOVED p ' ~ ~ - ~.: ~ x POSTPONED p a _ ~ HEARD ~- DATA 5 -T ~ ` - _ - ~l _.. -- -- -- -.- = - - - RESOLUTION -__ --- - _ - __ _ - OF THE - _ - -- - BOARD OF COMMISSIONERS - -~ - .. -. OF --_-- - ~- ~ --;--NEW HANOVER COUNTY - -WHEREAS, the New Hanover County Sheriff s Department has a 1991 GMC Cyclone Truck, vehicle identification number 1GDCT14ZSM8800, that is insufficient for the Sheriff's operation; . AND WHEREAS, the New Hanover County Sheriff's Department secured bids to purchase a 1997 vehicle and offered the 1991 GMC Cyclone truck as a trade-in and the following bids were received: - Purchase Less Trade-in Net Purchase Price Amount ~ Price I3ob Kinb Pontiac GMC, Inc. $16,157.00 S10,582.00 55,575.00 D&E Car Exchange, Inc. $14,988.00 $9,408.00 $5,580.00 • Rippy Autopark $18,1.59.00 $8,890.00 $9,269.00. .AND WHEREAS, Bob King Pontiac GMC, Inc. offered the hi~,hest trade-in allowance: resulting in the lowest net price for the purchase of the vehicle; AND WHEREAS, the Sheriff, the Finance Director, and the Count ~ h9ana~~er recomm y ~ end disposing of the 1991 GMC Cyclone truck as a trade-in on the purchase of a new vehicle, trade-in amount for the 1991 GMC Cyclone truck is Ten Thousand Five F-lundred Eighty-Two Dollars (S 10,582.00);. NOW, TI-IEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the 1991 GMC Cyclone truck will be sold by the Finance Office as a trade-in on the purchase of a new motor vehicle from Bob King Pontiac GMC, Inc. This 4th day of May, 1998. . (SEAL) j I .. Chairman, Board of County Commissioners !~ ATTEST: ~tr ~+:^~~1,r7rRop ;..tl~~.«.. ~fQ~A~~A C1~T~~6.~1'~ n n+RA to the Board ~ ~s~"tip"u,''•' ~iR1~X I~ ,r a .. - . Ck .. . . -. _ , _~ • . . ... . ~~ . { ... u ~. .. .. ~~ _ --- - . - - - _ - - ~ STONERS - - _ NEW HANOVER 000NTY BOARD OF COMMIS ~: _ =~ REQUEST FOR "BOARD ACTION . .. - _-- _°- :: - - . -_ =Meeting Dater 05/04/98. -- -~ - _ . _ - ,.: _ _ , Consent Item #: 5 Estimated Time:. -. - ~ : •. . '~ ~ " Department: Health. Presenter: David E. Rice `~~ Contact: Lynda Smith:. ~ .. '. . e.. , SUBJECT: ~ , Recommendation For Computer System For "Animal Control Services "' _ ,..BRIEF SUMMARY: .. _ With the goal of "Improving the service level of the Animal Control Services (ACS) Division of the Health Department", a-group bf County Management staff and Health Department Board members and staff met ~~I,'_ ~ -over-several months to identify problems and solutions. - ~ ... One identified problem was the current computer system is not adequate to meet the needs of the~Animal~ ,~' Control Division. A search. for a new sysfem~was initiated: ~ The attached letter of the recommendation - states the best alternative is for the County to acquire the Chamelon System. Total.cost of the system is . ,, 564,260.00: , ; . '- .. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the purchase of the Chamelon. System and Budget Amendment for #98-0169. - . ;. ~' FUNDING SOURCE: .Federal S: `States: CountyS: User FeesS: .Others: 64,260 r w,j ~ ~~Mone in Current Bud et :" No ~" ~:~ y 9 - ~ New Appropriation Request:yes, - Budget Amendment-Prepared: Yes - .. _ . ~: ~~ f . ' .,. ATTACHMENTS: - ~ , - .: *~„ ; .7 pages : ' . , ,,:, ~~' . _ th.wp heal . °REVIEWED BY: , . , ~f. LEGAL: NIA PENANCE: Approve BUDGET:4N/A H M . U AN-RESOURCES: N/A . . -. COUNTY MANAGER'. OM ENTS AND RECOMMENDATIONS: (' e ~` j-~ ~ Recommend approval. ,• ... . ,:. - ~a, ~ COtUIMISSIONERS' AC ION /COMMENTS:. .. ~' - . . COUNTY COMMISSIONERS . . APPROVED ^ .REJECTED p (~ "7 - .. REMOVED' : ^ ~J 1 . ,., ~ ~ .. , , ~ . POSTPONED G~ 5f~8f.G$ ~~~: ., . . ;., , HEARD . ~ ~ ,,; , . . 5_ . .. DATE .~,.~..,~~ l R ~,~ , , s ~ ~ ~ .~ MEMO NEW I-IANOVER COUN~'Y INTER-OF~r ICE - . -_ .... To: - -- - Commissioner. Greer From: Subject: Date: Chairman Jackson Bill Clontz . Animal Control Recommendation March 23, 1998 There is a strong desire on the part of the management of New Hanover County to improve the service level of the Animal Control division of the Health Department. Much work has been completed toward that end and this memo contains a recommendation for a new data system that will help resolve some of the difficulties that have come to light. The Animal Control division is charged with managing six major functions for the county. They are: ' County License -Rabies Control Officer Service Calls Animal Bites and Dangerous Dogs Andy Atkinson Ron Currie v Kennel Inventory Adoption and Redemption Services Citation Management While all of these areas are important and must be performed by the Animal Control division, the direction established by county management is to~focus on the first of these activities, County License -Rabies Control. In line with that directive; some actions have been taken. A series of meetings were held that were designed to identify existing problems that are currently being encountered by the Animal Control division. One identified problem was that the current computer system is not adequate to meet the needs of the division. A search for a new system was initiated and five (5) vendors were identified as offering potential systems to the. county. Demonstrations-were scheduled and three (3) of the vendors displayed their systems to county staff. A site visit was scheduled to Durham County to view one of the systems in operation in a similar county. A comprehensive questionnaire was then developed that represented all the needs of the Animal Control division. That document was forwarded to alt 5 vendors and responses were received from three (3) of them (the same three (3) that had previously demonstrat'edith'e'i~~syste~m~ o county staff). Those responses were evaluated and their results are shown~in~Attachment 1. 98 ~ ~~-i~ p~~ CI t~~'a'~!U1~A ~~l><it397'2~1 Y. 5' .. .,.. _ _ .' J . _ . '~~ -The next step after the functional evaluations were complete was to review tte costs #or :. --~-.- - -. ': ---the systems: ~ The result of that review is shown in Attachment 2. -- - --- - .- _.. _= - :-After_considering the information in the attachments, it seems to me that the best ;;~ ._._-_~ ,._ _,, alternative~is-for the county to acquire the Chamelon system. This recommendation is • .- . ,_ . _. based` on the following facts:..,.. _ ::_ ,. _. ~; ~ ~ ~ ~ The product has been observed operating in a county similar to New Nanover. . ' - It is a comprehensive system that--can be expanded to cover. the other functions. ..The cost differential is minimal. One additional observation seems in order at this point. There are two additional major ' -factors that play,an important role in determining the ultimate service level that is :. - - delivered to,the public. ~ ;-. ~ - - - . internal Procedures Must be Improved. The computer system. improvements ~' ' ~ . .that h _ ~ ave been discussed will be of some assistance m resolving the current ' ~ ~-~ :difficulties: But internal procedures must also,.be improved at the same. time~the ' - -new system is being installed, else the intended Tesults.will not be fully realized. ~ . 4~~. . - Data Collection Issues.. If the new system is #o function well, a reliable scheme.. . ~~' to collect data from the various Veterinarian .practices arourid town must be developed: Without timely and accurate~data', many of the current:problems will , . - .Persist. ~ . ~~ -. . _ 1-hope these comments are helpful as you determine the course.. of action you wish the r ...county to take in .this regard. Please iet me know if I can be of further assistance on, ~, ~ this matter.-,Thanks.. . . . ~ ~. .:. ' . ~' ,' ~ ~ Attachments- :; , :: . „~ . 1`-.Question Review - ., 2.- Cost~Estimates ~ ~ . .. - : Copy to: ; ~ ~ . . . Barbara McClure . ~ _. ' : . ...` ~` Terry .Baird - .Wendy Bowie ` .. - . - -. ., .. ,. . _ -. ~ . _ - 99 . . .. . ~~y n . _ . . _ Attachement 1 QI~ESTION REVIEW - ~ - - - ._ ..... ~3 high 1 - Question ~ ~ - _ ;low Weight DVM Chamelon IDEXX - °= - _ 1 a. Handle differential licensing renewal fees` - = 1 b. Convert Current Records - . ~ 1c. Required to initiate renewal process; any frequency 3 - 3 _ 3 10 10 10 10 10 10 .-___~10 10 10 2. Kennel licensing of multiple animals -updating 3 10 9 5 3a. Import data from vets offices 3b. Store previous rabies 8 searchable ~ 3 3 10. 10 10 10 5 10 4a. System Handle incoming/outgoing bar codes? 4b. What hardware/software requirements. 4c. Print renewal notices any frequency with bar code __ _ 4d. Follow up on past due fees, citations,letters etc. _ 4e. Process to add citation if not renewed? ~ 3 _ 1 3 ~_ 3 _ _ 3 10 10 ~ 6 10 ~ 8 10 10 ~ 10 10 10 8 10 5 10 8 5. Ad hoc reporting capabilities 3 10` - 10 0 6a. Handle different field searching - 2 8 10 7 i _ _ 6b. Store history of owners,animals,citations, bites, & . ~ mpounds _ ~ . 2- 10 10 10 7a. Field data with laptop capability (55) 3 10 10 10 7b. Radio wave update capability or other? _ 1 5 8 S 7c. Program restrictions - _~ - 3 "- 5 7 6 _ 8. Accomodate Service records 3 6 ~ 10 6 __ 9. Print Citations in the field __ 3 -- - ~ 9 7 10. Court info and paper generation __ __ _ _ _ 3 __6 10 4 11. Dangerous dog investigation information, bites 3 g g g 12. Kenneled animals /disposition /adoption flags.Y _ __ 3_ _ _ __ 7 _ _ _ 10 _ 7 13. Available kennel spaces /checkups _V _ _ _2 __ __ __ 3_ _ _10 _ 10 14. Physical exam prior to adoption requirement ~ 2 7 9 6 15. Adoption /redemption process and history 3 5 10 5 16. financial data to finance daily ~ 3 8 9 5 17. Partial Payment citation processes r 2 10 10 10 18. G a hi capabilities --- _ .. , _.. __ ____ 2 -- 10 10 4 ~ vv Page 1 - k .. ~ . , . = Attachement 'I ~~ QUES71ON REVIEW - .. - 3 high 1 .... ~ ~ low - ~ ;- . Question ~• ~ ... _. - ~ : - .- ~ ~ Weight. DVM ' . Chamelon _ - IDEXX .. 19 On line documentatioin /help - 1 - - 6 10 -10 - - - . .. . ,. __.-... ..: 20. -Audit trails. _ .-. - ... • _ - 2 ~ _: ._, 0 .. 10 ~ , }0 - . 21. Year• 2000 compliant 3 10 10 10 , X~. 22.. Hardware re quireme"nts are-all the same ~ - 3 -~~ -. ---- - '10 10 10 .. , 23. Edit and validation rules -,. 3 _. _ ~ ~ . 10 ~~ 10 , , -- - 24 e u i b :- . . . S c r ty y area 3 10 10 10 " . 25. Not relative to decision- information only „ - --- - ~ . ° - . , . 26. Not relative to decision- information only - - "~~ - 27 S ort d -- ---- - . upp un er Maintenance Agreement - ~ 2 10 10 10 Dialin Support included in agreement _ - 2 0 10 ~ 10 ---- ~ - ~r 28. Not relative to'decision -information only ~- - , ~` , 29. Store hoto p s of dangerous dogs --- - -- -~- ~ -- - 3 . _ - 10 ~ ----- 10 --- _ 0 , .; ' 0. Cost for new Versions/releases - . _ 2 - - ---- - 10 ~ - 10 10 ~~ , e ~' ~ . 31. Archival process available - - -- 1 10 . - --- -- ~ -- - - 0 10 } ~ - Total Score . -- - - - F ~ ---------- ---- - ---. 96 =-: ~ 32~ 370 .. 301' f - ' .. - .. a. .. r n ~ - ~ - .j d t ~ v l . . .. - ~ a .. - . . -. r p ~- .. .. - - 101 .., ~ ~ . - ~ . ~ .,. Page 2 . . ,; . - Attachemsnt 2 Cost Estimates DVM Chamelon IDEXX Hardware Costs 23400 23400 23400 Software Costs 15173 19900 no quote. Training Costs _- -- - $350/day $800/day plus Expenses including -_ expenses Total costs (not including training 8~ Conversion Costs) .38573 43300 no quote 102 Page 1 Hrr:-c 1-y13 I ~JE: U~ ~ ~y NHG (-1 NANCE OFFICE .FAX NO. 1 S 1034 i 4025 1'. 03 . f1dr. 2ti 1948 !'l2: ?5PT1 PI -- --- _ -. - HLP, INC. PROPOSAL --_= - - __ - .:. -- - "- - - ~ =°-Software and Services for New Hanover Co., NC - ` - - _ .__. _- - -- -- - - _ - .. .. „.: _ Item .,.___. Price Qty Amount Totals ~ - )FTWARE : Novel Nemare or MS NT Network (prs-instatled focally) Certtura SoLSase or MS SQL Server (pre-installed locally) Seagate: Crystal R_ orts Pro 5350 t Stac: ReachOut (communications access) S1 SO ~ t Chameteon/CMS Software licenss .$9,800 1 SYSTEMS SOFTWARE TOTaL Sales Tax In AZ, CA, CO and 1L onl SERVICES Chameleon/CMS annual Sup rt &~Maintenance $960 wt, HLP, INC. 1991 PonOerosa Lane Prescott, A7. 85301: (800) d59-8376 104 ~9itwred To W9ndy Bowie (910) ?A 1-7421 FAX 341-402° ~ _, ./_ S35o S150 a $9,600 S 10,300 Sfl sto,sso ~r ~~ ~' Presontcd By Diane L Hoover, VP/CFO ' Date 03i?Oi9s3 Prce set for 90 days Q Tltis paa e intentionally left blank ~~' e~~ ~i ~~Q~ ~~~~~~ t5 Q~' ~"",;~~ . 06 ~~ 1 ~_ _ _ ..; - - -.. NEW HANOVER COUNTY BOARD OF COMMISSIONERS ;, _ REQUEST FOR .BOARD ACTION _: ;. _ . ~. -_:,_.,Meeting Date:. 05/04198 - : _ _ .: • • Consent Item #; 6 Estimated Time: - ~ - - ° Department:. Aging Y. Presenter: Annette Crumpton- ~ ' •:~ I -• • • . .. ...~ - . . Contact: Annette Crumpton .. - .. _ - ~` SUBJECT: • 'Request Department of Aging be designated Lead.•Agency for Home 8 } ,, ~ • Community-Care Block Grant funds 1998/99 and approve, receipt of Home &~ .. ~~ Community Care Block Grant funds for 1998/99.. ~ ~~ • `. ~ ~ • ~_ . - V BRIEF SUMMARY: Commissioners are requested to designate Department of Aging as Lead Agency to monitor Home 8 ` Community Care Block (HCCBG) grant funds for New Hanover County 1998/99. The Home 8 Community - - `, Care Block Grant Committee recommends the following allocations for each.service area funded with HCCBG funds: (1) Transportation 570,941 (2) Home Delivered. Meals 5121,863 (3) Congregate Meals 579,561 (4) I/R Case Assisted 530,208 (5) Care Management~S-:4;~168~~(6) In Home~Aide Services. • ' - ,5188,298 (7}Adult Day~Care 544,206 (8) Group Respite 510;199 (9;jJAdult Day Health S17,640.` .Total HCCBGfunds 5631,269: This is an increase of 16,099. ~ ~ y i In, Home Aide will be•contracted out to Home Health and Hospice; Adult Day,Care,,Group Respite, and .Adult Day Health will be contracted out to Elderhaus, Inc: All other services will;be provided. by the =.. Departcrientof Aging.. :` ~«,..:_ -~ .{;~~e~l .., . Department of Aging will also-receive 58583 Health Promotion, state,.monies to support wellness. - programs. . .. Above •funds and the required 10% match are included in the 1998/99 requested budget: RECOMMENDED MOTION AND REQUESTED ACTIONS` 1 1 Recommend the Commissioners approve the request to designate Department of Aging as Lead~Agency. for Mome and Community Care Block Grant (HCCBG) funds and approve and accept funding. distribution as recommended by the HCCBG Committee. - ,. • • Signatures required on forms DOA-730, DOA - 731, DOA-732 (There are three DOA.732~forms to be signed (1) Dept. of Aging (2) Elderhaus 3) Home Health & Hospice) DOA=734. -. - .., , ,.. ., .. .FUNDING SOURCEa • . , HCCBG Federal/ State 631,269. Local 570,141 ~ • ' Health Promotion. - ` State .. 8,583 Local 954 - . Total. State 639,852 Local 71,095 • . Grant money is reflected in Department of Aging requested budget for 1998/99. - ~`. ATTACHMENTS: Attachments include DOA -730; .DOA -731., DOA -732, DOA-734 and minutes from HCCBG Comm~t~e®7 ~y , .~ • _ " L ,. .~ . - - -meeting. :,. -._. _ _. .... - REVIEWED BY: ... _ ~- .._. ... - -. - - -_ - --- - ---= LEGAL: Approve FINANCE: Approve ~ BUDGET: Approve HUMAN RESOURCES: N/A ~`- - - ~ - _...... .. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: _. Approve the request to designate the Department of Aging as the Legal Agency for ACCBG funds and approve funding distribution as recommended by the HCCBG Committee. This is a routine matter. COMMISSIONERS' ACTIONS/COMMENTS: U CC'`'`"~" ~CMMISSlONERS E: _:J D P~~, ~-uNED C] Vii. HEAD (~ ~ , DATE - 108 1 1- J 1 1. f 1 1 1 1 1 1 F 1 1 1 DOA 730 :., .- (Rev.1798) - . .. -~----Home and Community Care Block, Grant for. Older Adults ._ . _-. ,. . County Funding Plan ~ , Identification of Agency or Office with Lead Responsibility for county Funding, Plan County New Hanover ~ 'July 1, 1998 through June 30,1999 .The agency or office with lead responsibility for planning and coordinating the County,Funding Plan recommend's this funding plan to the Board of Commissioners as a coordinated means to utiliie community-based resources in the delivery of comprehensive aging services to older adults ,~ and their farrulies. ~ , ~ . - ~ New.Hanover County Department of Agin . (Name of agency/office with lead.. responsibility) ' ~ ~ . ' ~ ~ Authorized signature ~ (Date) William` A. Caster,- Chairman Board of Commissions - ~ ~ (Type name and title of signatory agent) For each service specified on ,the County Services Summa,r_y (DOA-73 I ),~ or the Provider Service ' Summary (DOA-732), provide an attachment with reasons for exceeding the average net unit cost. of the service in the county for the prior state_fiscal year, plus the rate of annual cost of living increase as provided through the Office of State Planning. ~ - .109 . 1 - Home and Community Care Block Grant Advisory Committee __.-- -- - March 26, 1998 - - _ Members Present: Anne Barkley, E.V..Kring, Ruth Parenteau, Rev. Parker, Nellie Parker, Bill _. .-- ... -Royals, Louise Siler, Annette Crompton, Jane Jones, Dottie Ray. __ . The Home and Community Care Block Grant Advisory Committee met on March 26, 1998 to discuss allocation recommendations for the 1998/99 fiscal year. New members Rev and Mrs. Parker and Anne Barkley were introduced. Linda Pearce, Director of Elderhaus, Inc. gave and up date,on the services being offered at Elderhaus. Her new facility will be opening in a few weeks. Group Respite is meeting a definite need in the community and Adult Day Health will be adding persons to the service once` the move to the new facility is complete. The committee was presented with the information on the 1998/1999 allocations.. New Hanover County will receive 8631.,269. This is an increase of 16,099 from 1997/93. The Committee was informed we had received a call from Liberty Commons regarding the monies for Adult Day Health services. The committee. has the option of going out for bids for this service, The money can be granted to a non-profit without going through the bid process. Ruth Parenteau made a motion that Elderhaus continue to provide the Adult Day Health services. Anne Barkley seconded. The motion was carried unanimously.. After much discussion, Ruth Parenteau made a motion to accept the following distributions. Bert Kring seconded: Transportation 70,941 Home Delivered Meals 121,863 Congregate Meals 79,561 UR Case Assisted 30,208 Senior Center 24,185 Care Management 44,168 In Home Aide 188,298 Adult Day Care 44,206 . Group Respite 10,199 Adult Day Health 17,640 631,269 The .above allocation distributions will be forwarded to the County Commissioners for their review and approval.The meeting was adjourned.. . Respectfully Submitted, AnnettOe Crompton :- o :: ' ~ • a ~ o a ~ d. ~ o a . ' m c s v c = 0 m ~ ~ -' - - - o m W T ~0- . -:U' ~ ~.m m o_ n - - ~ ... _ ~ ~ m u0i s m ~ d fA ~ y 0m m m y Fn' = m S 3 a _ ~ - _ ~ ~ w -.. I x x x -~ *~- I' ~ x ~" x .-~. ~ ~ - ' .. - , ~. - - . v ~ o m . ~~ -- -~ ~. - I T 1 -.,.I - I I I I I I ~ L x -~ o ~ O y H .. y ~ SS - .. _- -- - & ~ d ... 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ON a o 0 0 0 0 0. 0 0 0 0 0 o O - C C T Cn w C v G ' O ~ ~ N N ? ~ O O C ._.i ~ ~ ~ p .~ o 0 0 0 0 0 0 0 0 0 ~. w ~ 1 . ~ V ~ C\C ~i~ N -" x ~ ~ O ~ N • O ? .n ~~ '0 o -I c . - O ~ O • O O o~ .w C c ~ ~ { ~ ~ :;,- ~- A-~~ C7 O O \ ~ c n % W N N \ ~ ~ F ~ O ~ x - n ~. _ - F -' F-' n ~ ~ ~ ~ ? n « . C \ Q \ f C o c O O j. ~ _ O O O H L ~ O O Ala.- ~ 3 N O ~ ~ ~~ 9. ~: cD ~ ~ f,. (J -G ~ C'r p y o r- ~ x ~ m ~* <_~ ~s ~ ~ A. P n ~] b ~ ~ N < ~ O was- <~ r O p ~' ~ n ~w ~ ~_ F•- (D ff (D C] N ''S N ~ N H a A O .~ ~ C': O ~ < ~ n A C C N A ~ ~ T ~ c w ° C ~' m R 3 ~ 'r 3 ~ Z Y C C c 1 6 C E ~ ` n J ,,, > > ~ J V ~p N °° _ -a ~~ t... O 5 < ~, w .y 0 I 114 ~. 1 1 1 1 1 1 1 1 1 r ~ ~ _ .., : ;. - - ... _ :~ - _ e . , DOA-733 _ -_ . a ,,_ . ~ , .. - Home and Com.muni Care Block Grant for Older Adults, ' " ~' _ _ -- ty _ - _ _ __ _ _ ~ v_ -;-County Funding Plan . ~ , , ~ ...~ , . Methodology to Address Service Needs ofLow-Income Minority Elderly (Older Americans Act, Section 306(a)(5)(A)(ii))~ Community Service Provider New Hanover County Department of A_inQ _ '. - ' ~ . ~` County New Hanover County. July 1, 1998 through June 30, 1999 .. The Older Americans Act requires that the service'provider:attempt to provide services to ow- income minority, individuals in accordance to their need fore aging 'services. The• community service provider shall specify how the service need's oflow-income minority elderly will ~. be - met through the services identified on the Provider Services Summary (DOA - 732). ~ This narrative' shall ~ address outreach and service .delivery methodologies that will-ensure that this target population is adequately served and conform with specific , - objectives established by the Area Agency on Aging, for providing services to low income rniriority individuals. Additional pages maybe used as necessary. -The Department of Aging will continue to focus service delivery to the low income minority with special consideration to chose elderly deemed "at risk": Priority concentration -will be placed on restructure of the Home Delivered Meat program by recruitment of volunteers from businesses and establishment of neighborhood locations for volunteer meal pick up. Increasing the volunteer driver base is primary,to the grow of the program. Secondly, the In Home Aide pcogram.will be reviewed with the focus of~reducing the waiting Gist; Thirdly, the Adult Day Care program will open as a new opportunity for caregivers who have older family members in their homes. Additional efforts will be made in the area of education for caregivers. Caregiving will be a .focus of a partnership with I~Tew Hanover Regional Medical Center and the Department of Aging. The Department of Aging.will continue its.sfrong programs on health and wellness through Senior Center and Nutrition Site activities. t . ~. a P -. _~ . _. ,,.115 _.:_ _ . _ -. - .. _. -._ _ _.-- - -_ CiIENT/PATIENT RIGHTS ~ _-.. - 1. You have ,the right to be fully .informed of all .your rights ' ~ - `-` ---.- and responsibilities "a`s a client/patient of th'e program. - ~- ~ 2, You have the right to appropriate and professional care relating to your needs.. 3. You have the right to be fully informed. in advance about the - cage to be provided by the program. 4. You have the right"to be fully informed in advance of any changes i n the care that you may be zeceivire and to give informed consent to the provision of the a.-,enced care. S. You have the .right to participate in determining the case that you ~.~ill receive and in altering t~:e r.at~.:re of the case ~ as you. ~ needs c'r.ange . , 6. You have the right to voice.-gr•ievances ~.~ith respect to care :hat is p rovided and to expect that there Will be no reprisal for the grievance expressed., i. You have the richt to expect that the in_`or-a :ion you share ~:ith the agency will be respected anC held i,•,. strict cor._`idenc .. e, to be shared only With you= ~:rit'~en consent gad as it :el ates ~o the obtaining of other r.eedec e•or.~ u'r.ity services. . 8. You have the richt to expect the preser~~at_on of your privacy U ar.d respect for your property. 9. You have the richt to receive a timely respo::se to your recuest for service. 10. You shall be admitted for service .only if the agency has the ability to provide safe and professional care at the level of intensity needed. . , .. 11. You have the right to be informed of acency policies, charges, and costs for services. 12. If you are denied service solely on your inability to pay, U you have the right to- be referred else:here. 13. ~'oti have the right to honest, accurate information regarding the incustry, agency and of the progran in particular. 1~. You have the right to be fully informed abcut other services 1 1pvovided by this acency. ' ~ ~ ~: ~. Si:andard. Assurance to Comply with Older America"ns AGt -. ~- ~ - Requirements Regarding Client Rights - _.._.. for -. --.-, -- _ ;1lgencies Providing In-Home Services through the " _; ...'-: ,. Home and Community Care Block Grantfor Older :Adults -." ; ,. _ .. _. .. __ _ .__As a"provider of-one or-more-of the services listed below, -our ___ _ _ _ _ _.- agency agrees to notify all Home and Community Care Block Crant ~, 'clients receiving any.::of::the below-listed services provided by ~ , .:: -~ahis agency of the'. their rights as a service recipient: Services ;,~ included .in this assurance, include: ~ , - -ln-Home. Aide- - .. -- -Home Care (home health) - -Housing and Home Improvement ~~ , '. -~ -Adult Day Care or Adult .Day Health .Care ... ,' Notfi~cation.wll include, at a minimum, an oral review'of tl~e. _ information outlined below as well as providing each service . `recipient with a copy`of the information in Nrtten form. In addition, providers of in-.home services will establish a procedure to document that client rights information.has been discussed-with in-hone.services clients (e.g..copy of signed;Client Bill of ~' Rights statement) . .. .. ±~ Client Rights infornation to be communicated to s'ervice,reci'pients w-ill include, at a minimum, the right to: -be~fully informed, in advance, .about each in-hone - .~ "service to be provided and~any change'in service(s) that may affect the well-being of the, participant; -participate in planning and changing any'in-hor^e service. 1 ~ ~ provided unless the client is adjudicated nco,;:petent; ' -voice a grievance with respect to service that is or fails ':.. to be provided, without discrimination or,repr,sal as a result of voicing a grievance; -confidentiality~of.records°rel'ating to the individual; ' ' P -have property treated with respect; and -be fully informed both orally and in writing; in advance .' ~ °. of receiving an in-home service, of the individ'ual's rights - ~ and. obligations. , ' °Client Rights will'be distributed to; and disc~us'sed with, each neL+ client'receiving one or more of the above listed .service= prioz.to the o'n-set of service. For all existing clients, the above' , information..`wi;ll be provided no later than-the next regularly ' scheduled service ,reassessment. ~' `Agency Name: f~1HC Department of Aging 1 ~. Name of, Agency Administrator: Annette Crompton - . ,' ' L Si. atore ~ .. gn ~~~~._ ~ Date : ~ f $ ~~! '. (.Please return the this forme to your Area Agency ~on.,Aging and retain a copy for your files.,) „ . .. . :. .- ~ ~ 117 ~ ~~ ~. _ :~ . _ _' DOA-734 (revised 1/98) _ __ _ -_ _ ___ : _ _ ,' S: _ ~_ ~ ~ As specified in 45 CFR 92.36(b)(11); community service providers shall have-- .__ . _ .. -_ ._. procedures for settling alI contractual and administrative issues arising out of __ --- _. .. procurement of services through the Block Grant. Community service providers " -: ~ shall have procedures governing the evaluation of bids for services and procedures through which bidders and contracted providers may appeal or dispute a decision made by the community service provider. 6. ApplicantlClient appeals shall be addressed as specified in Section 7 of the Division of Aging Home and Community .Care Block Grant Manual for'Community Service Providers, dated February 17, 1997. 7. Community service providers are responsible for providing or arranging for the provision of required local match, as specified on the Provider Services Summan•, (DOA-732). Local match shall be expended simultaneously with Block Grant funding.- 8. Providers expending $300,000 or more in federal financial assistance through the Home and Community Care Block Grant, or in combination with other federal funding shall receive an annual independent audit which meets the requirements of .the Division of Aging Program Audit Guide for Aging Services, applicable North Carolina General Statutes and Local Government Commission requirements, and OIvi6 Circular A-133. For-profit community service providers shall have an annual compliance audit which. meets the requirements of A-133. The audit shall be performed within nine (9) months of the close of the .provider's fiscal year. Upon completion of the audit, non-profit and for-profit providers shall provide a copy of the audit report and any opinion letter simultaneously to the County and the Area Agency. Federal funds will not reimburse the cost of a single audit if the total of all federal funds expended by the provider- is less than 5300,000. \OTE: Audit requirements are subject to revision. The Di~•ision will notify area agencies and pro~•ider if and «hen state audit policy is revised. 9. Compliance with Equal Employment Opportunity and Americans With Disabilities Act requirements, as specified in paragraph fourteen (14) of the Agreement for the Provision of County Aging-Based Services (DOA-73~) shall be maintained. 10. Providers In-Home Aide, Home Health, Housing and Flome Improvement, and Adult Day. Care or Adult Day Health Care shall sign and return the attached " assurance to the area agency on aging indicating th"at recipients of these services have been informed of their client rights, as required. in Section°314 of the 1992 Amendments to the Older Americans Act: 118 (Authorized Signature) 0 (Date) ,_ . _ ~: ~ . ; ~~ - -<. ~ : ~ . DOA_734; : ---- - -_- - - - .,, ~ _ _ - : (remised-1/98 .: . - - _ ._ . - _ .. _.. _ _ _~ ~ ~ ' ~~ -# ~ July-1,..1993 through June 30,1999 ~~ Home and Community Care Block Grant for Older Adults... ' .. ~~ Community Service. Provider . ~ : ~ ~ . _ Standard Assurances. .. . ,. _.. . ~,. IJHC Departhent of Aging . ' agrees to provide services through the .Home. and ' ~ ~ .(Name of Provider) . Community Care Block Grant, as specified on the Provider Services Summary {DOA-73?) ' ' ~ . in accordance with the ;following: - ~ . p '~ ° 1~. _ Services shall be provided in accordance with requirements set forth in . ~ ~ a} ~.~ The County Funding Plan; ~ - ~ - b)' The,Division of Aging Home and Community Care, Block Grant Procedures i ~ ~ Manual for Community Service Providers; and ~^ - .. °" .c) The Division of Aging Services Standards Manual, Volumes I through 1~':, . ~~ Community service providers'shall monitor any contracts «~ith providers of Block Grant services and take appro riate measures to ensure that services are v' ' P pro ~ded in ' accordance with the aforementioned documents.' . ~ - _ 2. Priority shall be'given to providing services to those older persons. Frith the greatest economic or social needs, with particular attention to low-income minority - individuals. The service needs of low-income minority elderly will be addressed in the-:manner~specified on the Methodoloey to Address Service Needs of Low-Income K Iviinority Elderly format, (DOA-733). ~ ~ . . 3.~ ..The following service authorization activities will .be carried out in conjunction ~i~ith ` ~ all services provided through the Block Grant: a) ~ Eligibility determination; ` ~' : ~b) Client intake/registration; c) Client assessment/reassessments and quarterly visits, as appropriate; d). ''. Determining the amount of services to be received by the client; and e)~ Reviewing cost sharing/voluntary contributions policies-with eligible clients. . - 4, All 1'icenses,.permits, bonds, and insurance necessary for carrying out Block~r~nY . ' 'Services will ~be matntatned by. the community service provider and ariy contracted providers: •'. ~ ~ - ' . Tlris paa e intentionally left blank 120 : - _ .. - __ _ _ -° ~~ _ ~ ~' -NEW HANOVER COUNTY BOARD OF COMM15$IONERS - -~- _ ~~ .~ . -.~_ ; REQUEST FOR BOARD ACTION `' =- -~ -- _ ~ -_ Meeting Date: 05/04/98 _ _ :. _ .. , -: ~ __ _ - .,•. Consent Item # 7 Estimated Time.: _ . - ~ - ~ . • . , :. Department:., Aging Presenter: Annette Crumpton ~ ~ ~ ' ~. - 'Contact: Annette Crumpton ~ ~ '~ ~' - . . ' ' ', ~ ~ ~ o '. • e SUBJECT: =. , Approval of Cape Fear Memorial Foundation Grant ~ ~ `~_ ' `BRIEF SUMMARY: ~ '.. .. . ... Cape Fear Memorial Foundation has approved the grant submitted May 9, 1997 to fund a wellness " - (nutrition/exercise) education program at each of the five nutrition sites. The original application, approved ' -` ~ during the Commissioner's June 2, 1997 meeting, was for 591,620 over a three ear eriod. Y P Cape Fear Memorial Foundation has approved the grant in the amount of 530,000 fora one year period t. ~ 4/15/98 - 4/15/99:- Alf services will be acquired through contract services with appropriate professionals. " There are no_ County funds needed for the grant. " ~ RECOMMENDED MOTION AND REQUESTED ACTIONS- ~ - . Recommend the Commissioners approve and accept the grant for 530,000. Budget amendment ' #98-0170. Signature needed o.n Cape Fear Memorial Fouridation.contract. ' .~ - FUNDING SOURCE: ` . n ,, ' _ . . Cape Fear Memorial Foundation 530,000. _. - ATTACHMENTS: - Ageridapacket includes 6/2/97 Board Action, Cape Fear Memorial Foundation .Contract . - n '~ : , . aging.wP. ~. .. ~" REVIEWED BY: .. • .. LEGAL: N/A FINANCE: Approve :BUDGET: Approve HUMAN RESOURCES: N/A ~~ h , COUNTY MANAGER'S COMMENTS AND ECOM TIONS:. - Recommend approval of acceptance of gra r . ,. COMMISSIONERS' ACTIONS/COMMENTS~ .. .. . - .. , , .. . :COUNTY COMMI~$t©NERS ~. ~ APPROVED ~!- ~ ~: - - ~ REJECTED ~ - .. ' _ REMOVED Q • .. . ~ • , TPONED Cl HEARD :: . . ~: DATE~F J~ - . . -. Cape Fear Memorial Foundation 5303 Wrightsville Avenue Wilmington, North Carolina 28403 - - - _wuuc~m n. ~.ameron ~~ W. Carter Mebane. III MS. Annette Crumpton Director .. R.T. Sinclair, Jr.. M. D. New Hanover County Department of Aging Robert F. Warwick. CPA 2222 South College Road ~o~ie E. Woodbury. Jr. Wilmington, NC _28403 Garry A. Gorris Presrdenr 122 Re: Wellness Program for Elderly Adults Dear Ms. Crumpton •: _.-- -- -_ (910) 452-0611 FAX: (910) 45.2-580 ~: _ _ At its meeting on 03/25/1998 the Board of Trustees of Cape Fear Memorial Foundation approved a grant of 530,000.00 for your organization. This grant is to help fund the above-referenced project. To accept this grant, please have your Board Chairman sign and date both copies of the enclosed Grant Contract. Retain one copy for your records and return a copy to me for my file. With your acceptance of this grant you agree to use these funds only for charitable purposes and to provide progress reports as requested by us. We will attempt. to make this request as accommodating as possible. Your grant number.is 97-38. Please reference this number in all correspondence relating to this award. Please feel free to publicize your receiving these funds. However, ~r•e would appreciate a copy of any release you make. The Trustees of Cape Fear Memorial Foundation are pleased to support you as you serve our community and wish you continued success. Sincerely, G~~ Garry arris , President ;,;,1 ~w 1 d.~~~146 Y ~„ir GG:so ~'~~~~~ Enclos cs E ~ r4~1v24~ r. =• Deli aced tA~d~vancing God's Desire for our Healing and Health ~, r - t. .. ~ . - _, .~ ~ - . . ,, ', ~ ~ CAPE FEAR AfEAfORIAL FOUNDATION ` - ~ ~ GRANT CO\T'R.ACT . ". . Organization ~- - .. ' ' New Hanover County Department of Aging ' _ _.. _ - 2222 South College Road _ ' ,. ,; , :, Wilmington; NC 28403 ~ ~ - - ~ - - - ` -, _ . .. _.: ~. E- , ~~_ ~ Amount,of Gi=ant: $30;000.00. _• k .' v ,- . 'Date of Payment::' ... - 4/15/98 ~ - - `. - . ~. : - Term° of Grant: From: 4/15/93 To: 4/15/99 - '~ • •• . Program Title/D.escriptior: Wellness Program for Elderly Adulu ~ • ,: _.. .` Grant•Numbe;: _. 97-38 ~ "- . r - - • • *, - • The following terms are agreed upon as conditions for_this grant: .; - W• Y ; ' 1. The tax-exempt status verified in the proposal is still valid; any changes in the. ., organization that could;lead to a change in the status will be reported to Capc Fear . Mzmorial Foundation immediately.: "" °' ... x 2: The funds will be used by the above-named organization" solely for the purposes • .. - described. 3. '~ The organization will keep and maintain records of expenditures adequate to • •, : _ check the use of the" grant readily available. Progress reporu concerning budget; personnel and program developmenu will be timely completed and returned to' - .• - Cape Fear Memorial Foundation. The Foundation will send report forms well 'in - • advance of their due date: - .. • . , -4• " ~, The organization will repay, upon demand, to Cape.Fear ~lcmorial Foundation., ' •• ' ~ the amount of the grant if any condition of the contract is not upheld. Additionally, '" the organization will repay to Cape Fear Memorial Foundation an,amounrcqual to W the book value of any assets acquired through a capital grant from Cape Fear ' ~ 1~fcmorial Foundation if and. when your organization is~sold or loses itz tax-exempt status. r ~•' ~ ' • S• _- •" The organization will send to the Foundation copies of any printed public~ry - regarding the awarding of the grant or the program supported by the grant; the ` organization may, if it chooses, refer to Cape Fear Memorial Foundation's • ~ support in any such publicity. - - , . 6• ~ Future Payments under'multi-year grants wilt be subject to availability of funds and` • ,~, to satisfactory review of progress reports: • •. • ' 7• - The .following special Berms will be observed: None • ` • r _ ' The Termg of this contract are accepted'by: ~ - .. , ," CAPE FEAR IYIEMORIAL FOUNDATION - r'E~V HANOVER COUNTY • ~ DEPARTMENT OF AGING BY ~, . . • arry is, .resident ~ BY: ., Board p airman , . .. -Date ~ ~ i_' ~CI ~ ~ ~ . . - • . Date: u • •. . _ 1 _ REQUEST FOR BOARD ACTION - - - Meeting Dater 06/02/97 ~ -- - - - - - _. Regular Item_#. ~ ~ - Consent Item #: 5 Additional Item #: __ _. _ . _. _ .~ - - - . - Department: Aging _ - - - , ~ ~ Presenter: Annette Crompton - ' - -~ _ _ _. - _ - - Pa a Cotint In A enda Packas;e::5 Contact: Annette Crum ton ... SUB.IF.CT; _ . - Permission to apply for a Cape Fear Mernpri~d Foundation grant. BRIEF SUMMARY• The Department of Aging nutrition program would like to apply for a grant from Cape Fear Memonal Foundation to fund a wellness program at the five nutrition sites. The program will include a comprehensive nutrition screening and exercise program for all participants at the sites. The grant will fund a part time nutritionist and exercise physiologist who will oversee the nutrition screening and exercise program, train UNCW and CFCC students to lead the sessions, and conduct evaluations each 12 weeks. Department of Aging staff will be trained as back up staff for the project. Relationships with the Geriatric Foundation for a Independence will provide leadership for the program is in place if the program is funded. Grant requests $30,540 each year for a three year period. Total request for the three year grant is $91,620. .. D IE3ECOiViNtENDF.D MOTION AND RFQLJESTFn AC'TT(liVq- Request Commissioners approval of grant application, acceptance of grant if approved and related budget amendment. ' r_U~yul~~t: NUUIZCF,• Federal 5: State S: County S: .User Fees S: Other S: 91620 Money Is In Current Budget: no New Appropriation. Request: yes ~ ' Bud et Amendment Pre ared: no ~ LGL: FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMiViFNTS AND RECOMMENDATION Recommend approval as stated above. 124 RcCcr to OfCicc Vision Bulletin Board for Disposition DROVED Lam "'~~OVED ^ a '`;TPOfV ^ _., ~~2.~ fl Tltis pab a intentionally left blank 126 ~~~~~~n~~0~ ~i't~it~ 1d~ V~~'i~ 'fdS. ~> ~ c~~~ } ~ ~~~ G ~ ~~~ ~. r .. .. _ _ - - . -~~ ~~ NEW HANOVER~COUNTY BOARD OF COMMISSIONERS ` -` ~ - ~ -' ~~ - .; . - - ,. REQUEST FOR BOARD ACTION -.._ ,:. _; ._ -_= Meeting Date:.' 05/04/98. ;: ~. . . -. - - _ . ...., . r - .. . __ - ~~~ Consent Item #: 8 Estimated Time:. • ._ - ~ .. ~ ' - ,- . ~ Department..Environmental Management Presenter., ' - . . ,.. . - Contact: Amy Akin , .. ,t.,. ~, . .. ~ . -'SUBJECT:. ~ ~ . ~ ,_ Award;of bid # 98-0299 and approval of contract # 98-0299 for grate parts for the ~. ,. :Volund boiler at WASTEC-Facilityto; Ansaldo Volund A/S: ., ~P. BRIEF SUMMARY: ~ . ' Formal bid procedures weredollowed for the purchase of grate,parts for,the Volund. boile~~at WASTEC. ~- , Facility. These items were.bud eted for thi g s fiscal year as maintenance items.. Because these items are . purchased from Denmark, the duty and shipping must be paid by the County. Therefore, the staff Fias qualified these charges and :placed snot-to-exceed amount of $5,000.00 for These charges for the Board - .~. ~.. of Commissioners approval::The.following items. are attached: - 1. resolution for award of bid # 98-0299 and a royal of contract # 98=0299 f. 2.- contract-draft # 98-0299 fora royal PP , - ~ . PP '- R ' RECOMMENDED MOTION AND REQUESTED ACTIONS: ~. ~ Staff recommends adoption of resolution awarding bid # 98-0299 to Ansoldo Volund A/S, the only ° ': responsible bidder in .the amount of 541,426.00.plus delivery: FCA works, inclusive,of packing not to exceed 55,000.00; and approving contract # 98.-0299. - .. ~. ~ . rc h . . -FUNDING SOURCE: ,. - .~ Funds for-this purchase have been budgeted in account # 700-485-4 ~ 95-3920-25 to cover this contract.: .ATTACHMENTS: , .; As ,part of this transmittal the resolution is being sent as an attachment. The contract draft is being ~ • ' submitted separately. - ,. a: ~ _ _ ,.. ~ , i 98-0299r.wP ' REVIEWED~BY: . y . LEGAL: Approve FINANCE: Approve ~ BUDGET: Approve HUMAN RESOURCES:.,N/A , ~~ COUNTY-MANAGER'S COM AND RECOMMENDATIONS: ~ - , Recommend approv ' 000NTY COMMISSIONERS . ..,. .:. ~ MMENTS: APPROVED Q~ ... -. _ COMMISSIONERS' ACTI N O REJECTED ^ .. ~ ` . .. -]' ,: REMOVED , . p -~. ~ ~ 12 / ., ~ ~ 4 POSTPONED ^~ D -. . ... HEAR ~,~. =~ _ DATE _.:, Sly/9 ~ ~~~r-'`~ . _ ' - ~ ~ .; , " RESOLUTION . - - - -- OFTHE 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 16th day of April, 1998, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for grate parts for a Volund Boiler for the WASTEC Facility of the Environmental Management Department, Bid # 98-0299: - Ansaldo Volund A/S $41,426.00 (plus delivery: FCA works, inclusive of packing not to exceed $x,000.00) AND WHEREAS, this is an overseas shipment being sent FCA works, inclusive of packing; County is. responsible for these charges; charges estimated to be less than five thousand ($5,000.00) dollars; AND WHEREAS, the Environmental Management Director, the Finance Director and the County Manager recommend that the contract be awarded to Ansaldo Volund A/S of the country of Denmark, the only responsible bidder, in the amount'of forty-one thousand four hundred twenty-six ($42,426.00) dollars plus delivery: FCA works, inclusive of packing not to exceed five thousand ($x,000.00) dollars; AND WHEREAS, funds have been previously appropriated and arc now in Account No. 700-485-419-3920-25 to cover this contract; " NOW, T{-IEREFORE, BE [T RESOLVED by the Board of County Commissioners of New F{anover County that the contract for grate parts for the Volund Boiler for the WASTEC Facility of the Environmental [Management Department, Bid # 98-0299 be awarded to Ansaldo Volund A/S in the amount offorty-one thousand four hundred twenty-six ($42,426.00) dollars plus delivery: FCA works, inclusive of packing not.to exceed five thousand ($5,000.00) dollars; and-that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 4th day of May, 1998. (SEAL) Chairman, Board of County Commissioners ATTEST: 1~~~~~ ~u C~:~t~he Board ~-t '~~~' `'~~='~' I3 K3~1tdfi~T*rd3~ ~~1 ~- . _ A - ~ . ~ ~~ T ' ` ' ~ - --New Hanover County Contract # 98 - 0299 - _ -., NORTH-CAROLINA.. , . ~ ~ ~ - .- . _ _._. °' - AGREEMENT - - - - - - - ;NEW NANOVER COUNTY __ :. _ _ . ~..: .. THIS. ..CONTRACT ma ~ - , de and .entered . into this - - day .of' ~ ~ ~ 4998,. by •and between. NEW HANOVER COUNTY, a political subdivision of the State of North Carolina,- hereinafter. referred to as "County"; ::~ . _ ~ ~.9 P 9 • aril ~ANS%ALDO VOLUND .A/S a forei n cor oration, or anized under the laws . of the country of Denmark, hereinafter referred to as "Vendor": - .. .. ,. ~~ :.. , . °~ WITNESSETH: - :. WHEREAS, County advertised for, bids for grate parts for the WASTEC ~, °. ~ Facility of the Environmental Management Department, Bid#98-0299, and bids were received and opened as required by law; and , . ~ = .WHEREAS, after careful consideration of the bid proposal submitted by ,, Vendor the Board of Commissione ~ ` .. rs of New Hanover County has adopted a resolution ' authorizing the acceptance of such bid proposal and the execution' of a contract with .: Vendor covering the purchase and delivery of grate parts, ..according to Vendor's Bid Proposal No. 980402,1.. ~ - ,. . .. NOW, .THEREFORE, in consideration of the mutual benefi#s inuring to the a . .parties hereto,. said, parties covenant and agree as follows: • i.~ _ . - ~. - 1. Exhibits to Contract. The Bid Package, which includes County's ,- .~ ~ Tecliriical Specifications; Invitation to Bid and Instructions to Bidder . s, marked Exhibrt A; and .Vendor's .Bid. Proposal, marked Exhibit B; are attached fiereto and made :a part of this contract as `though fully written herein. ~ - ~ . ` . 2. Term: The term of this contract shalt be fora .period of one 1 ear ~ )Y ;_ ~ from the date of execution. , .. o .. ~ , ~ •. 129 . _. _ _ ~ ~ ~ ~ ~ ~ - - -- - __ _: - -- :. .. __ _~_ - - _ _ . _ ,:__=3. -Risk of Loss. _ Risk of loss to County for the goods purchased shall _ _ __ - -u - remain with Vendor until the oods are delivered g to County F.O.B. WASTEC Facility, - - - ._-_ _ - --- _ _. _ _ -_ U _ ; . _ Envirorimerital Management, 3002.Highway 421 North, Wilmington, North Carolina ~ _ _-,_ _ _.-__ .. - - --' 4. Delivery. Vendor shall deliver all goods purchased by County within - one hundred (100) consecutive calendar days after receipt of order. a 5. Purchase Price. The total- purchase. price for said goods in the sum of Forty-One Thousand Four Hundred Twenty-Six ($41,426.00) Dollars shall be paid within thirty- (30) days after receipt of the goods and their acceptance by County and receipt of invoice. 6. Indemnity. Vendor shall indemnify and hold New Hanover County, its agents and employees, harmless. against. any and all claims, demands, causes of action,. or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out, of or relating to the work to be performed by Vendor hereunder, resulting from the negligence of or the willful act or c.~ omission, of Vendor, his agents, employees and subcontractors. 8. Default and Termination.. If Vendor materially breaches any one of the terms or conditions contained in this contract, County may terminate this contract forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, enter into- another' contract for the completion of this contract. County may deduct all costs of completing. the contract from any monies due or which may .become due to Vendor. 9. Non-Waiver of Rights: It is agreed that County's failure to insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this contract. 10. Subcontractors. Vendor shall be fully responsible for all 130 2 - - --- .. -negligent acts and omissions _of ~ tiffs or :her subcontractors and of .persons and _ _ ,.- =organizations employed by them to the same extent that.Vendor would be responsible - ,r _ _' , for these acts and. omissions.. .Nothing in ,.,the contract, documents shall create: any _~: ~ ` , .,,: .. - contractual :relationship ;between County 'and any subcontractor or other .person or.. _ - -. ~ organization having a direct contract with Vendor,-nor shall it create, any obligation on the part of .County to pay any money due any sucH~. subconfractor or' other person or , organization, except as may otherwise be required by law. ^. - ~ - - - ,~ _ .11.. Assignment. The parties mutually agree that this .contract 'is not . -assignable and shall not be assigned by either party without-the written consent of the . ,' . .. .' - , ., - f other party and"the surety to this contract. . ' :' ' ` ± ~ ~~ ~ -12. Non=Discrimination: Vendor will take affirmative action not fo discriminate against an em to ee or a " licant for em to ment o . Y P Y PP P Y r otherwise, illegally , - - deny, any "person participation in or the benefits of theproject which is the subject of this _ . contract because of age, race, creed, color,. sex; age, disability or~ national origin. To the- extent applicable, V nd ~ , e or will comply :with all provisions of .Executive .Order No'. .. .. . 11246, the Civil Rights.Acts of 1964 (P. L. 88 352) and 1968•{P.L. 90-284);`and.~all~ ~ ~° . . ~-app(icable':Federal, State and local laws; ordinances rules re `ulations order - ~ . g s, instructions, designations and other directives promulgated to prohibif discriminations. ~. - ' .: Violation'of.~fhis provision, after notice,,shall be a material breach of this agreement and ., may ~ result, aY County's option,, in a termination or suspension of thin agreement in .. ; - thole or in part. - , 13 FamiFiarity with. Laws, The Vendor specifically acknowledges thaf : , he has made Himself familiar with 'all Federal, State and local laws;: ordinances, rules. ~~ - ~ , and regulations, includin all Federal and.State Occupational Safety and Health Act . g - ,.: (OSHA)~cequirementsk; which may in :any manner affect those engaged. or employed in ' .. _ _ - ' the.,work of the °project, or the materials or equipment in or about such work, or in, any ~. ~ ~ ~ .. - i~ . _ --- - - -- - - -- . - _way affect. the-conduct of such work and agrees that he, his employees, subcontractors _ _ - _.-_ - - - - and suppliers will, at all times, comply .with same. If the Vendor shall discover: any - - - .. - ___ _ _ -- . __ _. - __ _ provisions iri the Contract Documents which are contrary to or inconsistent with any. - - _ _.... - - ~ -= - - - such -law ordinance rule or ~e ulation he shall immediate) ' 9 y give notice thereof to the - - - County in writing, identifying any items of-..work.affected, and he shall not proceed until he has received written direction .from the County. with respect to these items: If the Vendor performs contrary to or inconsistently with any such law ordinance rule or regulation without giving such notice, he.shall bear all-costs which area consequence of such performance. 14. Notices. -All notices required hereunder to be sent to either party shall be sent to the. following designated addresses, or to .such other address or addresses as may hereafter- be designated by either party by rnailing of written notice of such change of address, by Registered Mail, Return Receipt Requested: To County: New Hanover County Environmental Management Attention: Ray Church, Director 3002 Highway 421 North Wilmington, NC 28401 To Vendor: Ansaldo Volund A/S Attention:. Theis Palm Abildager 11 DK-2605 Brondby 15. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, and as such, Contractor, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement benefits. 132 4 - __ _ - _._ .._ __-_ -_-__ ; -_ -_ This instrument .has been pre- _. audited in the manner required - - by the Local Government Budget - ~.~.--_:==_ _=__ ._and Fiscal.Control Act. - - -- _- _ County-Finance Director NORTH CAROLINA NEW HANOVER COUNTY _ Approved as to form: County Attorney I. a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of 1998. My commission expires: Notary Public KINGDOM OF DENMARK CITY OF BRONDBY I. , a Notary Public of the Kingdom and City aforesaid, certify that personally came before me this day and acknowledged that (s)he is Secretary of a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its official seal and attested by himself/herself as its Secretary. WITNESS my hand and official seal, this .day of 1998. Notary Public My commission expires: 134 6