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Agenda 1998 06-01 . ~ .' A~ E N DA NEW HANOVER COUNTY BOARD OF CONI~IISSIO~T ERS _ Assemhly, Room,. New Hanover. County ;Courthouse • ~ , ;, ~~~pNavEe c~°y i 2~l North Third Street, Room 30.1 ? `` .. Wilmirr torn, NC g 9 ~`~~ J. 0 ? `~ ~••••~•• WILLIAM A. CASTER CHAIRMAN ROBERT G. GREEK VICE-CHAIRMAN BUZ B R K 4 ~' Op NORTH I ZENIE Z S, COMMISSIONER TED DAVIS, JR., COMMISSIONER CHARLES R. HOWELL, COMMI SSIONER ;' ALLEN O'NEAL, COUNTY MANAGER WANDA M. COPLEY, COUNTY ATTORNEY e LUCIE F. HARRELL. CLERK TO THE BOARD .. ~ .. . ' 'June 1,;1:998: ~ ~ 6:30. P.m. ., ~ ~ ~ ,. . ,n~:. MEETING CALLED TO ORDER (Chairman William A. Caster) • .:INVOCATION '° ,, PLEDGE.OF ALLEGIANCE - , NON, AGENDA .ITEMS (Limit three minutes per item) ~ . APPROVAL OF C ONSENT AGENDA - ES I ~,` " : T MATED; 'ITEMS OF BUSINESS PAGE TIMES ._ • ~ .' NO. .~ 6:45 p:'m. 1. Review recommended funding with several County departments 1 t ` and' other organizations and hold Public Hearing on the • ' FY98-99 recommended buds=et ,~.' ,. 8:05 ,p.m. ~ 2. .. Presentation of the Community-Crime Task Force 3 ;, ~ • 8:15 p.m. ~.. 3: .Public Hearings: - . ^ • Item I . Rezonin>; Recommendation by the Planning Board to I9 ~. ~ approve the rezoning of 2 acres in the 5600 block.. of Carolina Beach . each to B-2 Business from R-15 Residential (Z-624,"5/98) 8:30 pm: • Item 2: Rezoning,Appealed Case Recommendation by the 23 ~: ~a • ~ Planning $oard to deny a request to rezone 7 acres in 800 .. block ;of Market Street (east side) to B- I Business from ~ ~ R-IS Residential. (Z-625, 6/98) , 8:40 m.' p. Item 3: Rezoning Recommendation by the Planning Board to rezone 2.8 acres at the northwest corner of Pilots Ridge Road 29 ` 'to O-I Office and Institution from R-15 Residential and B-2 ~. Business. (Z-626, 5/98) ' . ~ . . , ESTIMATED ITEMS OF BUSINESS TIMES 8:50 p.m. 4. Public Hearing to solicit citizen comments for the HUD Disaster Recovery Initiative Program allocation of $1.8 million to assist New Hanover County in its h~irricane recovery efforts. 9:15 p.m. 5. Consideration of Amendment of Franchise Ordinance for EMS and First Reading of the Franchise Award and Agreement for Ambulance Service 9:30 p.m. 6. Consideration of Approval for Southeastern Center to Hold Title to the Cape Fear Respite Care Home 9: 40 p.m. 7. Solicitation of Nominations for the Coastal Resources Commission. 9:50 p.m. 8. Meeting of the Water and Sewer District Additional Items County Commissioners County Attorney County Manager 10:30 p.m. ADJOURN r ' ., ~, • e t ` MEETING OF THE. WATER AND SEWER,. DISTRICT ~ ~ 'NEW HANOVER COUNTY.BOARD OF COMMISSIONERS . , . ~ P 24"..NORTH THIRD STREET, ROOM ~ ' ,, ~~ ,. ITEMS OF BUSINESS ~.. 'PAGE • NO: 1. Nori-agenda items (limit three minutes) ~ ~ 61 ' - - 2. ,~ 'Approval of Minutes.. ~.. ~ , .. 63 . :;. ~ _ . 3. •Presentation of proposed Cape Fear Utilities Conveyance by Ken 65 Shanklin and Doug Duncan, attorneys for Cape Fear Utilities ~. 4 Approval of construction of Brandywine Sewer System Changer Order :• 67 Number one to Contract #97-0362A, T.A. Loving,, Inc. ~ `• ` ~ 5 Approval of Contract #98-0373 for Antenna Space North Chase ~- 69,' '. _ Water Tank Telespectrum;~Inc. ' .. Adjourn ~ ', ' . t ~ _ ~ . ._ ,. .: .a 1 ~ ~- ~. Y ~ . • . 1 _ . • • .~ 1 . ~- ~ :~ :~ ..~ 1 ~ . _ ~~ CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS JUNE 1, 1998 ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of County Patent and Copyright Policy 3. Approval of Resolution requesting NCDOT to add Ramblewood Lane to the State road system 4. Approval of request for $75,000 to refurbish the USS North Carolina and approval of associated budget amendment #98-0189 5. Approval of Budget Amendment #98-47 to budget additional revenue received may 19, 1998. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary 6. Approval of Budget Amendment #98-0191 to budget additional Federal and State funds for Medical Transportation and Child Day Care and to realign accounts for year end adjustments (no County funding required) 7. Approval of Budget Amendment #98-0194 to budget one-time funding from the Statewide Family Planning Program to support expenses associated with male focus group meetings 8. Approval of Budget Amendment #98-0195 to budget aone-time grant to purchase computer equipment supplies to enhance communication with the Occupational and Environmental Epidemiology Section of the NC Department of Health and Human Services - re: Pfiesteria PAGE a NO. s9 91 95 97 99 100 101 103 9. Approval of Budget Amendment #98-0196 to budget loan proceeds 104 from First Union National Bank for purchase of water sewer camera and sewer jet truck (for accounting purposes only). 10. Approval of Budget Amendment #98-0197 to budget loan proceeds from 105 First Union National Bank for purchase of ambulance (for accounting purposes only NEW HANOVER COUNTY BOARD OF COMMISSIONERS ' REQUEST FOR BOARD ACTION ' Meeting Date: 06/01/98 ' Regular Item #: 1 Estimated Time: Department: Governing Body Presenter: Chairman Caster Contact: Allen O'Neal SUBJECT: Review recommended funding with several County departments and other ' organizations and hold public hearing on the FY98-99 recommended budget. BRIEF SUMMARY: ' Beginning at 6:45 p.m. on June 1, 1998, the Board of Commissioners will review FY98-99 recommended funding with several County departments and other organizations (schedule attached): A public hearing will be held at 8:00 p.m. to receive public comments on the FY98-99 recommended budget. ' RECOMMENDED MOTION AND REQUESTED ACTIONS• Beginning at 6:4.5 p. m. on June 1, 1998, review FY98-99 recommended funding with several County departments and other organizations. Hold a public hearing at 8:00 p.m. to receive public comments on the FY98-99 recommended budget. FUNDING SOURCE: ATTACHMENTS: ' rbudmeet.wpd.d ~' ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: The attached schedule if for those agencies that have historically appeared before the Board. I have been made aware that other organizations may appear before you requesting funding. M ecommendation is to hear from the agencies noted on the attached schedule, hear others and condu e hearing. COMMISSIONERS' ACTIONS/COMMENTS• ,~ ~OUN'CY COMMI~It)N /-PPROVED ~tEJECTE '~EMOVED POSTPONED ~ ; HEARD ~ ~ f ~' '~ QA7E ~ ~ ..... _ .. , m:\t~rbudmee[ NEW HAi1'OVER COUNTY BOARD OF COi~11-1ISSIONERS FISCAL YEAR 1998-99 BUDGET nIEETING MONDAY, JUNE 1, 1998 ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE ROOM 301, 24 NORTH THIRD STREET WILn~1INGTON, NORTH CAROLINA TIi~~IE AGENCY 6:45 P.M. NEW HAi'~10VER COUNTY SCHOOLS 7:00 P.M. DEPARTMENT OF SOCIAL SERVICES 7:10 P.i~1. HEALTH DEPARTi~1ENT 7:20 P.M. 7:3 0 P. L~1. 7:40 P.M. 8:00 P.M. SHERIFF'S DEPARTS-LENT SOUTHEASTERl~t CENTER CAPE FEAR COMtiit~~i 1ITY COLLEGE PUBLIC HEARING ON FY98-99 RECOMMENDED BUDGET ~v~~;~ ~~~~~ ~~®~,~~~ 2 ~~~~~~ ~~~~ .. _. ~ .. 4~ 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/01/98 Regular Item #: 2 Estimated Time: Department: Governing Body Presenter: AI Corbett Contact: Andy Atkinson, Mark Boyer SUBJECT: Presentation of the Community Crime Task force ' BRIEF SUMMARY: The Community Crime Task Force was established by the Board of County Commissioners in cooperation with the City and Beach Communities. After meeting, studying, and listening for several months, the Task Force wishes to present its recommendations to the Board concerning the crime issue in New Hanover County. Representatives from all municipalities as well as the Regional Medical Center and the University have been notified of this presentation: RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ATTACHMENTS: A copy of the Task Force report will be hand delivered to the Board of Commissioners. Handouts will also be available. 1TEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Hear the report and allow for comments to be made from the public if you desire. COMMISSIONERS' ACTIONS/COMMENTS: r ,. Coulvnr coMMlssioN APPROVED Q REJECTED p REMOVED ~ . POSTPONEL? D HEARD C~. ~_ 1 .. DATE ~'/,~ ~~ • New Hanover County Community Crime Task Force Preliminary Report to the New Hanover- County Board of County Commissione><-s 2~~~p~aovER co < G~ A u • ,,..,..yr~,r~ rcir r _ • ~ ~/.~ -, rLN ~:. g•t s~ r J if I ~~`IMP.~OR;T.S;~.EXP,,,ORTS'- RY ./, ~®RT~ June 1, 1998 ~;,~{~~~,w~~rar. (S}wY Q~l{~~/ ~Y pp~~ bcg97,,~ `y~y9 ~U~, ~(~ ~~a~e~ ' ~~~.~ The purpose of establishing the New Hanover County Community Crime Task Force is to bring attention to the growing concerns and frustrations expressed over crime in our local community, and to determine ways of effectively reducing the cause of. the problem. In establishing the Community Crime Task Force, the Ne~v Hanover County Board of County Commissioners adopted the following resolution: • ' RESOLUTION ESTAI3LISEIING A COMiVIUNITY CRIME TASK FORCE WHEREAS, New Hanover County is a densely developed coastal County; and WHEREAS, the Citizens of New Hanover County have expressed a frustration with the apparent increase in violent crime; and WHEREAS, the law enforcement agencies throughout the County have the desire to involve the community in see~:ing positive and effective solutions to the issues of illegal drugs and crime; NOW THEREFORE BE I T RESOLVED: That in order to address these concerns the New Hanover County Board of County Commissioners does hereby establish the Community Crime Task Force (CCTF), and charges it with the follo~ti•ing purposes: 1. Review Structured Sentencing, and make recommendations for changes that the CCTF believes could enhance the fight against crime in our community. . ' 2. Review the current issues that are causing violent crime to escalate in our community. After reviewing, make specific recommendations to the respective local governing bodies within New Hanover County relating to short and long term efforts needed to reduce crime. 3. Make recommendations concerning how to impact in a positive manner, preventive measures that can lead to a restoration of hope in the lives of those that are directly impacted by illegal drugs and crime. ' 4. Provide economic impact information concerning the recommendations made in any of the areas above. ~. Review and address any. other pertinent issues related to ille al dni~s and crime. J BE IT FURTI-IER RESOLVED: That the CCTF shall consist of seven (7) members, _ appointed as follows: two (2) appointed by the Board of County Commissioners, two (2) appointed by the City of Wilmington, and one each from the following beach communities of Carolina, Kure, and Wrightsville. Adopted this 16`h day of February, 1998.. 2 Task Force Members: Chairman: NIr. AI Corbett; Wilmington businessman, former New Hanover County Commissioner, appointed by New Hanover County. Vice Chairman: The Reverend Alcx iVlaultsby; Pastor of St. Paul's United ivlethodist Church, Carolina Beach, appointed by the Town of Carolina Beach. Mr. Bertrand Cutribht: Retired IRS examiner, appointed by the Town of Kure Beach. iVlr. Carl Black: Retired police officer, currently Executive Director of The Family Resource Center, appointed by the City of Wilmington. Mr. Carl Urnstead: Director of Internal Audit at New Hanover Regional iVledical Center, appointed by the City of Wilmington. Mr. Harold Kinb: Retired Engineer, General Electric, appointed by the Town of Wrightsville Beach. Mr. Donald Nlatrson: School Teacher/Counselor, College Park Elementary School, appointed by the City of Wilmington. 6 3 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 7 EXECUTIVE SUMMARY `Vhat is the problem? Lack of hope was identified as a major reason for the growth in crime. The widening gap between the haves and have Hots causes great fnistration among the have Hots. Other reasons included the lack of affordable housing and job training. The task force identified: murder assault involving weapons robbery breaking and enterings as the top four crime issues afflicting our community. We wish to acknowledge the work that is already underway to reduce crime; Drug court, cooperation between County/City and Beach Communities, and the City/County Gang Task Force to name a few. Greater involvement is needed from higher education institutions, New Hanover Regional Medical Center, the media and the corporate sector. Local anti-crime efforts ~- must be able to tap into these valuable resources. We were extended the opportunity to participate in the Wilmington Police Department Ride Along Program, which presented a first hand account of inner city troubled areas, prior to the group's work. Several members of the task force took advantage of this opportunity. In assembling our information, w•e invited a number of law enforcement officials and others, to present their ideas for crime reduction: New Hanover County Sheriff Joe McQueen, New Hanover County District Attorney John Carriker, Wilmington Police Chief John Cease, Kenny House, Coastal Horizons Center, District Court Judge Rebecca Blackmore, James, Drug Court participant, Joanne Man, Day Sentencing Center, Tom Pollard, Wilmington City Attorney. They presented us with very valuable insight. We wish to thank them for the time and effort they gave to the task force. Recommendations are presented in two categories: Enforcement, and Prevention and Treatment. The number one enforcement recommendation is for additional law enforcement officers to be "on the beat." We believe visibility is the key to making an ~~°°' immediate impact on crime in our community. Other recommendations in this category L involve technology enhancements, education, a local crime laboratory, a mobile jail, a local juvenile detention facility, a latent fingerprint workstation, and others. _ In the category of prevention/treatment, recommendations are to establish a county-wide curfew for youth under 16 years of age, improve/expand recreational facilities and programs, education and neighborhood enhancement activities. We understand all of our recommendations cannot occur overnight, but we believe amulti-faceted approach in those areas listed above should begin, and begin now. We stand ready to continue to work with all the municipalities and the County to (~' further define these recommendations. It has been our honor and pleasure to have been L 8 part of this task force. We thank you for the opportunity to serve our community. ~ RECOMMENDATIONS Recommendations are grouped into two categories; First, enforcement, and secondly, prevention/treatment. ENFORCEMENT (Listed in order of priority.) 1. Increase law enforcement presence. More officers need to be placed on the street in foot patrols, horse patrols and bicycle patrols in order to more effectively police local neighborhoods. K-9 patrols should also be used for crowd control. 2_ Increase minimum prison sentences for crimes committed with a weapon. 3. Improve technology between Courts, enforcement agencies; and District Attorney. An interfaced computer network needs to be developed that allows a free flow of information between Federal, State and Local agencies. .. ^ 4: Continuing. education/training for police officers, including sensitivity and diversity training. More bilingual officers, better relations between officers and the citizens they protect. 5. Establish a local crime lab. 6. Establish a n iobile~a~l which would free up officers from having to transport suspects ' downtown. The mobile jail could transport larger numbers ofsuspects to the Magistrate's office. ' 7. Encourage the development of a local juvenile detention facility. 8. Develop a latent fingerprint workstation. 9. Continue to improve cooperation between all law enforcement a encies. '~ g 10. Increase Salaries for law enforcement and provide a career ladder for advancement that keeps officers "on the beat". 11._Consider placing surveillance cameras in high crime areas. 9 PREVENTION /TREATMENT Cur etiv • A curfew should be enacted on a County-wide basis. Children under the age of 16 should be at home by midnight, unless accompanied by a responsible adult (parent, guardian). • The parent or guardian of a juvenile violating the curfew would be ticketed by the local law enforcement officer. • A central facility must be established to take curfew violators to wait for their parents to pick them up. • Parents are held accountable for their child through a (misdemeanor) civil penalty and could include community service after repeated violations. Recreation We believe there is a lack of activities for young people. We, therefore, recommend. • more activities be offered to children in their neighborhoods. All neighborhoods need to have planned supervised activities.~Such activities must be accessible in all neighborhoods throughout the County. • All programs should be structured and monitored by adults. • Parenting skills could be offered to parents while their children are taking part in these activities. • Also, tutoring programs could be offered, as well as job skill/vocational training. Erlrrcrrtinn L • Require uniforms for all public school students. ~~°° • A thorough review of Truancy regulations is needed to determine how we can keep L all young people in school when they are to be there. • Drug education should start at earlier age (kindergarten level), and should become part of the regular school curriculum, continuing through all grade levels. • Character education should be offered to encourage the de~~elopment of `traditional' values. Include sex education. r~ • Conflict resolution needs to become part of the peer mediation process already in place in the school system. Nei~lrborlroorl Enlrrrncenrent • Work with Carolina Power and Light to provide better street lighting. • Community Watch efforts need to be encouraged and expanded. • Encourage support for more community advocacy programs and recognize and reward initiatives to better the community. • Establish an "Adopt-a-Street" or "Adopt-a-Neighborhood" program similar to the State's "Adopt-a-Highway" campaign. • City code enforcement ordinances exist, but more coordination and manpower may help prevent deterioration of inner city housing. A Countywide minimum housing code should be enacted and enforced. This needs to become a priority. 10 1 1 1 1 1 1 1 1 1 • Neighborhood beautification can lead to pride in our various neighborhoods. Code enforcement and agencies such as Keep America Beautiful could be included in this effort. 11 DETAILED SUMMARY STRUCTURED SENTENCING We recognize there have been changes made recently in the State's Structured Sentencing guidelines. Judges now have more latitude in sentencing drug traffickers to jail or prison, rather than relying solely on the sentencing grid. Local government, law enforcement and the judiciary need to continue to monitor Structured Sentencing and seek adjustments as necessary. Curfews A curfew `'would be a step in the right lirection." -Sheriff Joe McQueen. Curfews are catching on around the country as leaders search for new tools to combat growing juvenile crime. Proponents say curfews help parents better manage their children and give police a reason to stop youths they suspect of selling drugs or breaking the law. But critics believe curfews violate constitutional rights and are unnecessary because most juvenile crimes happen during the day. Some statistics show most juvenile crime occurs between the hours of 2:00 p.m., and 5:00 p.m., the hours during which teenagers are least likely to be under adult supervision. In their discussions with guest speakers, task force members were urged to consider recommending aCounty-wide curfew for teenagers. f-Iowever, any curfew requirement would need to hold parents accountable for the child's actions. A curfew would also give the recently formed Gang Task Force more leverage. A curfew, if enacted, must provide a centralized drop off site for offenders, rat}~er than having individual officers spend large amounts of time taking care of curfew breakers. RECOrtiLtiIErVDA TIOrVS Ctrr e-v • A curfew should be enacted on a Co~inty-wide basis. Children under the a;e of 16 should be at home by midnight, unless accompanied by a responsible adult (parent, guardian). • The parent or guardian of a juvenile violating the curfew would be ticketed by the local law enforcement officer. • A central facility must be established to take curfew violators to wait for their parents to pick them up. • Parents are held accountable for their child through a (misdemeanor) civil penalty and co~ild include community service after repeated violations. 12 LJ C The Drug Problem "The country has had a `romantic dance' with addiction. In the 1880's half the population was addicted to either cocaine or opiates."-Kenny House, Coastal Horizons Drug Counselor. Local law enforcement officials say up to 80% of all crimes committed are drug related. Sheriff McQueen told the group that while focusing on the big time dr~ig dealers, small time dealers are realizing large profits by traveling to New York and elsewhere, and bringing the drugs back home to resell. Small time dealers then become bigger dealers. The resurgence in the use of heroin was also discussed. Sheriff McQueen stated the trafficking route for heroin is a highway route from Mexico to Texas to Wilmington. Drug convictions are roughly 98% due to video and audio recording of undercover drug buys. Burglary and larceny convictions are in the 70% range. Sheriff McQueen says he's noticed more drug trafficking is happening at the airport and with rental cars. Sheriff McQueen is going to contact the airport director to determine if the airport would like a drug K-9 to randomly patrol the airport terminal as in larder cities. Mr. Kenny House of Coastal Horizons spoke to the group on drug use and addiction as it relates to the crime problem. Mr. House Alcohol use is a greater cause of crime than other drugs. However alcohol use is tolerated by the community, largely because of the industry's sponsorships of large, public activities. Four out of five cocaine relapses are predicated on alcohol use. Alcohol is a very powerful indicator of other drug use and a powerful indicator for crime. Rarely do police respond to violence where alcohol is not involved. Mr. House talked about heroin addicts being very docile. They tend to bother thc; community only when the heroin supply runs low. There are over 80 heroin addicts in treatment at Coastal Horizons, 7~% of whom, you would not easily identify as a heroin addict. Funding for Coastal Horizons and it's iVlethadone therapy clinic comes from a state and local match. 60% of the clients are referred through the justice system. 40% of the addicts come in for treatment on their own. Methadone, which stabilizes and weans the addict, is an extreme therapy that is effective only for heroin addiction. Mr. House explained the country has had a "romantic dance" with drug addiction. In the 1880's half the population was addicted to either cocaine or opiates. Addiction tends to be a family illness rooted in genetics and cultural behavior. Not all children of alcoholics or drug addicts have the same problem. Mr. House talked briefly about the "MAJORS" planning grant received through .. the_Go.vernor's Crime Commission and NC Department of Health and Human Services. This will allow for planning of a program targeting youth at risk of going to state training school. Coastal Horizons has 22~ patients in treatment including adults and teens. The organization co~ild treat 50 to 7~ more youth if the MAJORS grant is approved. There is a ten to one treatment ratio. Some addicts get well without treatment programs. One problem is lack of programs dealing with under insured and uninsured. There needs to be a residential program working with youth and those in early stages of addiction. The area seems to be lacking in affordable residential treatment programs. One program in particular was looked at by the Task Force. TROSHA of 9 Durham, an intensive residential treatment program, has a long waiting list. To impact the 17 to 2~ age group, the community needs to support the creation of residential and social treatment facilities. In addition, the local area is starved for programs that. I specifically target youth and women. RECOrYI~I'IEeVDA TIONS • Drug education needs to start at an earlier age (Kindergarten level) and should become part of the regular school curriculum, continuing through all grade levels. • ~ Treatment should be available regardless of insurance or the ability to pay. (~ DRUG COURT '`Young people need to feel good about themselves. They need involvement and to feel good about their talents". - James, a Drug Court participant Judge Rebecca Blackmore discussed the origins of Drug Court. The program started here May 1, 1997 and is supported by an $80,000 federal grant. Funding ends in September 1998. Drug,Courts in other areas of the State are funded through the North Carolina Legislature. To enter the program, the defendant must plead guilty to a current criminal charge, and be a drug addict with the willingness to recover. Relapses may occur as Drug Court participants work to overcome their addictions. Some may not complete the program, and as a result, enter the prison system. Drug court is limited to 30 participants due to filndin~, space, and time involved. The program is less than one year old, so no success rate can~be shown as of this date. Judge Blackmore requested the task force ask the Legislature to fund the local program. `James" is a participant in his mid-40's who started using alcohol and drugs at 17. He was in and out of trouble with the law until 1930, when he re-entered UNC~~ and graduated with a computer science degree. He became successful in his career, which later helped support a return to cocaine. "James" was re-arrested last July and has been in the program for 8 months and now is updating his computer skills at Cape Fear Community College. "James" said the community needs more options for treatment. "Young people need to feel good about themselves. They need involvement and to feel good about their talents." RECO~Yl~1'IENDA TION • Urge local elected officials to encourage State legislators to include New Hanover County's Drug Court to be funded by the State. 14 10 COMNIUNITYBUSINESS SUPPORT AND COOPERATION "The commitment to fighting crime needs to be local, and not dependent on Raleigh or Washington." -John Cease, Chief of Police, Wilmington What can the community do to assist in anti-crime efforts? The sheriff and police chief's responses were support and cooperation from the community. 1 1 The community needs to become more involved if any difference in the crime rate is to be made. Volunteerism needs to 6e promoted. The commitment to fighting crime needs to be local, and not dependent on Raleigh or Washington. Currently, there are a number of neighborhood based efforts underway to address the crime problem. The group "Fight Crime Now" recently made recommendations to the Wilmington City Council. RECOrtiIr'rtENDA TIDrVS • Work with Carolina Power and Light to provide better street lighting. • Community Watch efforts need to be encouraged. • Neighborhood beautification can lead to pride in our various neighborhoods. Code enforcement and agencies such as Keep America Beautiful could be included in this effort. The lack of street lighting may be a cause of some trouble. Carolina Power and Light will be contacted for infornlation on how CP~~:L and local government might be able to improve lighting. The need for beautification projects vas also mentioned as needed. Residents will feel better if they live in a clean community. TECHNOLOGY District Attorney John Carriker addressed the group on the needs of the judicial system. He has been appointed by the NC Chief Justice to service on the C-JIN (Criminal Justice Information Network) governing board, which is studying ways to improve the court system. The District Attorney's office has grown from 12 assistants in 1932 to 29 assistants currently. There are 4,000 cases/year in Superior Court and 3,000 misdemeanors in District Court, but less than 3% of all charges ever go to trial in North Carolina. Most cases are pleaded or dismissed. Mr. Carriker said the community must make a major investment, in terms of law enforcement, training, and technology ' RECOrYItYIErVDA TIOrVS • Improve technology between Courts, enforcement agencies, District Attorney. An interfaced computer network needs to be developed. Establish a local crime lab to do drug analysis, tool mark identification and firearm 15 ~ tt identification. Sending evidence to State or FBI labs is time consuming. Such lab could handle cases for the Fifth Judicial District (New Hanover and Pender Counties). A Mobile jail would free up officers from having to transport suspects downtown. The mobile jail would transport large numbers of s~ispects to Magistrates Office. Latent fingerprint workstation. EDUCATION '`The cure for crime is not in the electric chair, but in the high chair." -John Carriker, District Attorney, 5`h Judicial District. ine most ettective way to deal with crime is through prevention. PATHWAYS, operated through the Community Boys' and Girls' Club, is funded through the Governor's Crime Commission, and targets long term suspended middle school students, who may otherwise find trouble on the streets after being expelled from school. The District Attorney also urged promotion of programs such as Big Buddy which has 131 children on a waiting list, and CATS (Community Alternatives to Suspension) for short- term suspended students from New Hanover High School. The Task Force recognizes the change in the family unit structure; divorce, more single parents, teenage parents. The community needs to recognize the changes and provide for more after school opportunities for children of working parents and single parent households. Public school curriculum, beginning in the kindergarten year, should include drug prevention education, ethics and values training; conflict resolution, and sex education. All grade levels should continue to target these areas. Even though we would like to think schools are not where these topics are to be taught, the community must face these issues head on. Schools must take on this responsibility if we are to have an impact on the long term crime rates in our community. RECO~tiIr~tEtVDA TIONS Education • Require uniforms for all public school students. ~ • A thorough review of Truancy regulations is needed to determine how we can keep all young people in school when they are to be there. • Drug education should start at earlier age (kindergarten level), and should become part of the regular school curriculum, continuing through all grade levels. • Character education should be offered to encourage the development of `traditional' {~ values. Include sex education. Conflict resolution needs to become part of the peer mediation process already in place in the school system. The group expressed interest in finding out possible sources of grant money or other funding for summer youth programs. 16 l2 Recreation We believe there is a lack of activities for young people. We, therefore, recommend • more activities be offered to children in their neighborhoods. All neighborhoods need to have planned supervised activities. Such activities must be accessible in all neighborhoods throughout the County. • All programs should be structured and monitored by adults. • Parenting skills could be offered to parents while their children are taking part in these activities. • Also, tutoring programs could be offered, as well as job skill/vocational training. FUNDING "If the community wants a certain quality of life, they'll have to pay for it." - Task Force Member. ~: _ Wilmington Police Chief John Cease commented on the need for more funding. One idea he proposes is a county-wide public safety tax, dedicated solely to funding various law enforcement and judicial programs.. Discussion vas also held on an upcoming proposal by County Commissioners and municipalities to support a statewide resolution on a local option sales tax. The group discussed whether to earmark the estimated 517.5. million to be raised by the one cent sales tax for anti-crime efforts. No recommendation is made. RECOi~IMEiyDATIONS • Investigate all available Federal and State grant sources. • Involve corporate sponsorship of.projects including public service announcements, after school activities. r), rr f ~~ 1 I . ~ L, ,. ~ t, r, v ~ - ' ' 1 ~, 17 ,~ Tliis pad e i~tte~itiofially left blajtk 18 ,. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ~+ Meeting Date: 06/01/98 Regular Item #: 3.1 Estimated Time: Department: Planning Presenter: Dexter Hayes Contact: Pete Avery SUBJECT: Rezoning (Z-624, 5/98) BRIEF SUMMARY: Recommendation by the Planning Board to approve the rezoning of 2 acres in the 5600 block of Carolina Beach Road to B-2 Business from R-15 Residential. The applicant is Dottie Kilpatrick. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval. FUNDING SOURCE: ^ ATTACHMENTS: ^ 4 pages 1TEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS• COUNTY COMMISSI NEiiS APPROVED REJECTED ~ REMOVED D POSTPONED O 4,; ~ I HEARD D ,: DATA ITEM 1 Case: Request: Acreage: Location: Land Class: Z-624, 5/98; Applicant: Dottie Kilpatrick R-15 to B-2 2.0 5647 and 5649 Carolina Beach Road Resource Protection-Encourages lorv density residential, typically 2.5 units per acre or less. Non-residential uses are permitted provide important natural resources are not impacted. Planning Board Summary With virtually no discussion, the Board voted 4 to 0 to recommend approval of the petition as submitted. They agreed with Staff's analysis that the existing zoning pattern had made the site less appealing for development under its current R-l~ designation and the change was consistent with recent zoning decisions. There was no opposition. Staff Summary With the rezoning of the adjacent property immediately to the south in January of this year to O-I Office and Institution and the presence of the existing B-2 District bordering the tract's northern border, its not hard to imagine that the subject parcel is no longer suited for development under R-15. In the January case, the land vas rezoned from B-2 and R-I S to O-I to-a depth of 9~0 feet, leaving a small portion of the property's eastern side zoned R-15 Residential. In that case, the applicant sought to rezone the entire tract, but at Staffs suggestion, the depth was limited to 950 feet. That depth also coincides with the depth of the existing B-2 District to the north and a small tributary that flows to the north. Also, Staff had suggested the subject parcel be included in the rezoning approved in January, but because the owners had not petitioned for rezoning, the Planning Board was reluctant to include the property. Based on the current zoning pattern, it is unlikely the property will be developed under current zoning. Staff recommends approval. ~~~~~p~'li~i~'D ~'i~1~ ~ t, :~~~ 2 0 ~ ~ ~~~~ ; ~a~, ~~~ ~~~ • - , .. PETITION SUt1NMARY SHEET ~- _ Z-624 Petition Number: Prid~en/j4i11iams D. Ki.lpatric;c Qwner: Representative: • Request: R-15 to B-2 ~ Acreage: 2. 0 TaxIl?Nuinber: 7600 Location: 5600 block Car. Bch. R'd - LAND USE, ZONING, UTILITIES and SERVICES ~ •' Land Classification: Resource Protection ~ , - _ ! Existing Land Use: vacant Zoning $istory• .Area originally .zoned April 7, 1071. Adjacent O-I aDZ~roved 17 ' - Watcr TJell ~•' County and ~seotic - ypc: Scw•er Type• Fire District: rlyrtle Grove Recreation: _ __. Arro~°ih ad na k Road Acccss: US 421 Volumc: 29, 7°-2 (97 count) School District: Bellamy - ' ACTERISTICS RrIISCELLANEOUS PHYSICAL CHAR ~: - - ~ • ~: - Watershed andWater duality Classification• Nlotts -Creek C (SFr) A uifer Recha Primary q rge Areat Conservation Resources: None - - $utoric Landm-arks and Archeological Sites: none ° ~. ~ ' Soil Type(s) and Class: Primarily Kureb (-Kr) .Class II; some Leon• . (Le)Class III -Septic Tank Suitability: Kr: few limits; Le: Do r Primc:Agrict~ltural Soils: `' None Building Suitability:. _ Le area limited due to wetness - - •. ~ ~~ ~`~ / / 'SHAT YOU 1~IUST ESTABLISH TO GET A CHANGE OF ZONING 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 cacti of the follow- ing requirements. . 1. How would the requested change be consistent with the County's Policies for Growth and Development? Tt-~ ReLoNtNG c~>JC-~ wou.t_D ~3E CoNSts>`~i wtrt~ wl~A~ NAS gt.READ`f Biri-nl ZoNC-9 Q'2 FcQ T!h(; ~l~PWTt~ AND OEVCt_4Prv~r,15 At Tt~v-Post pFG;LE StrE ~ Gut_FSrrZt:,,,,., Srt-~Pf~t~JG C~1TC~L AREA 2. How would the requested zone change be consistent with the property's classification on the Land Classification i11ap? Tlt(% ~Q(tC~ST~ Lt~-a N GE ~out:~ B6 c~ NS t 5'Tz/--nri La t-r~- i tt~ ~X.tSr~~, ~-~ flRGA Tea -i:-tE . t M/~nC-DcA t'~ No(~'t-t=t ~. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? T-I~ P~~~'( l5 (.1d r.1DtA C~fl W c ~ t+ No AC[L-5'S ~ M~ tnl ROAD . (AND ~ tnnmC-fltar~ PJoRz-~l t5 [3-2 ~c.iSCO as FbS- ~F,cL~ [.~ n1 Q 'N I M rvt~o c A~ Sa uroE- i s O >Y Z i l t S PR o r~K~ bS C.u A SS t `>~ AS (~£StO~ITtAt~ /-1N~ CAN n1 o`" OG- t,~SEO AS (-~r~l~~t~lTtAl_ ~{ T~F~ pu1r~GQS In signing .this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of groving why a change is in the public interest. I further understand that the sin- gling our of one parcel of land for special zoning treatment unrelated to Courity policies 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 knowledge, information, and belief. 22 ~~/ -i0•f )1~~L2E~~/ Signature of Petitioner and/or Owner NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06!01/98 Budget Amendment DEPARTMENT: Non-DepartmentaUContingencies Outside Agencies/Cultural 8~ Recreational BUDGET AMENDMENT #: 98-0189 ADJUSTMENT DEBIT CREDIT Non-Departmental: Contingencies $75,000 Outside Agencies/Cultural 8~ Recreational Battleship Commission - $75,000 EXPLANATION: To transfer funds from Contingencies for a contribution to "Operation Ship- shape." With approval of this budget amendment, the remaining balance in Contin ci will be $7,150. APPROVAL STATUS: To be approved by Board Of Commissione _. "~ ,.~;' ~QSr t y __ ~' ' ~~ ~~ ,~. ,~:~ :~ ~„ 3 4.~+ ~i NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/01/98 Regular Item #: 3.2 Estimated Time: Department: Planning Presenter: Dexter Hayes .. Contact: Pete Avery SUBJECT: Rezoning, Appealed Case (Z-625, 6.98) BRIEF SUMMARY: Recommendation by the Planning Board to deny a request to rezone 7 acres in 8400 block of Market Street (east side) to B-1 Business from R-15 Residential. Applicant is Belvery and Myrtle Shepard. RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board recommends denial FUNDING SOURCE: ATTACHMENTS: 5 pages 1TEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS• COl1IVTV COMMISSI® APAROVED RE.lECTED D REMO~~ED D PO~~ri ~3NED ^ ~' HE,°.~~.~ /D 23 DATE ~// ~.~ ,.._~~ ITEM 2 Case: Z-625, 5/98; Applicant: Belvery and 1•Iyrtle Shepard Request: R-15 to B-1 Acreage: 7 Location: 8400 block of i\~Iarket Street Land Class: Resource Protection- Encourages low density residential use, provided density doesn't exceed 2.5 dwelling units per acre. Non-residential development is permitted provided important natural resources are not impacted. Planning Board Summary The Board voted 4 to 0 to recommend denial of the applicant's petition, noting that approval would be inconsistent with the Land Use Plan and contrary to existing policies as outlined by Staff. Before making that decision, the Board asked the applicant if he would be willing to resubmit the petition under conditional use district guidelines. The Board noted that a site specific plan might make it easier to judge impacts in converting the land to commercial uses. Despite the offer, the applicant advised the Board that he wished to proceed and at this point did not have a specific plan to submit. One adjacent property owner spoke in favor of the request. There was no opposition. Staff Summary The applicant seeks to extend the existing commercial district located at the intersection of Futch Creek Road and US 17 730 +/- feet south along the southeastern side of US 17. The existing B-1 District to the north that straddles each side of Futch Creek Road along Market Street was established with the original zoning plan for the area in July 1971. The adjacent B-2 District was established in August 1974. The B-1 District to the north was established in recognition of then existing commercial uses--two small country stores. The B-Z District was established so the owners could expand an auto repair service to permit the repair of heavy trucks as well. Today, this commercial area consists of a small hardware store and used auto sales. Over the past 2~ years the economic vitality of the area has been ma~ri~.Hoiw~u~en, ~t{~e~rear portion of the adjacent B-2 District is occupied by a cellular co ~mun~catio~n, s to~w~e~r ~9 CI~T~~l~ Although the subject propertyi's~l;ocated adjacent to established commercial zoning, the primary c rcial 'service center is located to the south around the intersection of Porters Neck Road a~ prolposed by-pyass. In the last fe~v years, a rash of rezonings and the availability of some ~~~ public services, notably sewer, has led to the construction of amid-sized, regionally oriented shopping center. It has become the major focus of commercial activity for this area of the County and provides a wide range of neighborhood services. Meanwhile, the commercial area to the north has languished, playing a very small role in providing services for residential development in the Futch Creek and Porters Neck Road areas. The Land Use Plan encourages commercial uses to locate along major highways in nodes at or very near intersections with other major roads. Strip commercial development is discouraged. ,~ The existing commercial node at Porters Neck Road and US 17 is a good example of the node approach. On the other hand, the expansion of the commercial area around Futch Creek Road in the manner proposed is not consistent with the intent of the Plan. Although its probably be true that similarly situated properties along a major highway experience some diminished appeal for development under residential zoning, it is also true that residential development remains a viable option. For the tract in question, this is particularly true because of its overall size. The total tract encompasses 60+ acres and under current zoning, up to 150 dwelling units could be built. As a result,. adequate land is available to accommodate needed density while al(o~ving room for screening and buffers to mitigate the impacts created by the highway. The County has many examples where residential developments have been successful even though they front along a major highway. ~. Improvements planned in conjunction with the Wilmington By-pass, including the interchange at Porters Neck Road and the parallel service road running up to Futch Creek Road, will further fuel requests to rezone for non-residential uses for this tract and other nearby properties. However, in the case of larger acreage tracts, consideration should be given to development options under the current zoning. If the rezoning is approved, then there would be no reason not to approve .~ similar zoning for the remaining residential land between Porters Neck Road and Futch Creek Road. That would undermine the County's ability to control strip commercial development and the ill effects commonly associated with it. Staff recommends denial. ~ 25 'WHAT YOU MUST ESTABLISH TO G1ET A CHANGE; OF ZONING OF PROPERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. Tlie Nortlt Carolina General Statutes require that zoning regulations shall be made - in accordance with a comprcllensivc plan. ~incc amcndtncnts to zoning maps should also be based on a Land Use Plan, you must explain in the space below how your request satisfies earl[ of the follow- ing requirements:' 1. How would the requested change be consistent with the County's. Policies for Gro~vtti and Dcvclopatcnt? ' Gv o to l Ci 6 e C o U S i 5 f /~ ~J {- W l-t ~ Z o .Ur ~u q O ><" ~r o~ e t~ ~ Y P~ c1 J A e e tii {-_ ! • . 2. How would the requested zone change be consistent with the property's classification on the Land Classification itilap? /1 3. What significant neighborhood changes have occurred to make the original caning inappropriate, or how is tl[c land involved unsuitable for the uses per"m~/itted under the!e~xisting zoning? Cor~f~(er~~ ~ SG,o•~ P (~~ Ce+,_r}'e~5 /Veu.~ ;2of}d Y~o/~o5ecl 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 sin- gling out of one parcel of land for special zoning treatment unrelated to County policies 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 knowledge, information, and belief. 26 Signature of Petitioner and/or Owner -- PETITION SUMMARY SHEET - Petition Number: G-625 Be-lv & M rtle Sh d ery Owner: y ep ar Representative: Same - Request: r--' t<: ~--1 ~ Acresge: 7.0 Tax ID Number: 2000 Location: 8400 Block Market St. - LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Resource _Protection Existing Land Use: Residential Zoning $istory: -' Area ori ctinally on? .~,~~~~ ~ Q~~ n~;a~An+- n_~ _ District was aooroved in August 197x. ' 6dells ,,~ County/septic Water Type: Sc~'cr Type• • Ogden VFD Ogden Park Fire Distnct: Recreation: Road Access: US .17 Volume: [tnknn~•~n • an . 1 R~ ar Blair Ogden (97 count) School District: MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Futch Creek (SA) Aquifer Recharge Area: Fringe of Primary P:rea Conservation Resources: clone. Historic Landmarks and Archeological Sites: T~r~nA yp ~~ Primarily Leon; Leon; Class III - - Soil T e s and Class: Scptic Tank Suitability: Liriited due to liigh~aater table Primc Agricultural Soils: Prone Building Suitability: _ Some 1 i m; t~ r~uP t-n ~•ecness ~7 Tlris pad e intentionally left blank 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/01/98 Regular Item #: 3.3 Estimated Time: Deipartment: Planning Presenter: Dexter Hayes Contact: Pete Avery SUBJECT: Rezoning (Z-626, 5/98 BRIEF SUMMARY: Recommendation by the Planning Board to rezone 2.8 acres at the northwest corner of Pilots Ridge Road to 0-I Office and Institution from R-15 Residential and B-2 Business. The applicant, Larry Sneeden, had requested B-2 zoning. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends O-I zoning. FUNDING SOURCE: ATTACHMENTS: " 5'pages ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS• i I t COUNTY COMMISSIONERS APPROVED E~ REJECTED C7 REMOVED [] POSTPONEC? t7 ~~ 29 HEnRO ~ ;~. DATE ...~ ~ ITEM 3 Case: Z-626, 5/98; Applicant: Larry Sneeden for Chase ivlortgage Brokers and ~" Fairways Utilities L Request: R-15 to B-2 Acreage: 2.01 Location: Carolina Beach Road north of Pilots Ridge Road Land Class: Limited Transition- Identifies areas where increased development is likely to occur. The use of clustering and planned developments is encouraged, although density shouldn't exceed 2.5 units per acre. Planning Board Summary After a lengthy discussion, the Board voted 3 to 0 to recommend that only parcel J be rezoned to 0-I Office and Institution from R-15 and B-2. They agreed to leave the well site (the westernmost property) zoned R-15. In support of that position, the Board noted that O-I Zoning would be more compatible with adjacent residential uses in Pilots Ridge while offering a more realistic transition to commercial zoning to the north. The Chairman recused himself because he represents the owners of the well site in issues before the State Utilities Commission. Two people spoke in opposition, one an adjoining property owner and the other representing one of the property owners. Both argued that rezoning the property would allow land uses incompatible with established residential uses located along Pilots Ridge Road, cause property values to decline and create a less than appealing living environment. One of them was concerned about storm water management and the private street ser~zng the subdivision. The Board also asked Staff to look at the remaining B-2 Zoning within the Pilots Ridge development. Staff Summary The applicant seeks to extend the existing commercial depth approximately 400 feet to coincide with Imo" the depth of the adjacent B-2 District. Part of one of the parcels petitioned for rezoning is already L zoned B-2 to a depth of 300 feet. The adjacent B-2 District .vas expanded to its current depth in July 1989. Some years later, Masonboro Commons, a small shopping center was constructed. Typical of most strip shopping centers, it is anchored by a grocery store and drug store and small specialty retail, personal services and related uses. The B-2 District was expanded to the east side of Carolina Beach Road in 1987 and 1991, resulting in a hodgepodge of commercial uses and services. Also, the B-2 DiS~tn~E~~ a~-~exparanded~and~i'ealigned for properties to the south of Pilots Ridge Road adjacent to Heritage Woods a_„nd op,pos;te~Laurel Ridge Subdivisions. ~ ~~V~~ An explosion of resdentia'1-Cg owth in the last few years, combined with existing residential de~pment, has prov~idedR~a "rriuch needed boost to sustain the shopping center. At one time, the ~~ f shopping center appeared to be on the edge of failure, based on the long-term vacancy rates it - endured. The most recent subdivision approved in the area is located along the center's northern and western property. Called Arrondale, it was approved for 2S2 single family dwellings. This project combined with other new projects less than one mile away brings the total number of new dwelling units approved or already built in the area to 776. This number doesn't include older projects like Monterey Heights, which is located a short distance to the north. Including it and other projects increases the number to over a 1000 dwelling units. While these developments have solidified the center's position as a major commercial node in the area, questions will certainly arise concerning future expansions and how to ensure those expansions comply with land use policies. The rapidly expanding residential sector in this area will create new demands for services, and to meet those demands rezoning may be necessary. Providing a good balance is tricky but attainable. The primary goal should be to make sure that expansions do not encroach into established residential areas. The primary.concern of the proposed rezoning is encroachment and the impact that it could have on established residential uses located in Pilots Ridge Plantation. Dubbed an "air plantation", the development included a private airstrip with lots along the north side of the runway. This permitted homes as well as places for parking small private aircraft. However, the project has only been marginally successful and a handful of homes have been built to date. It is important to note that the lack of success does not diminish the fact that residential interests are still prevalent and warrant protection from commercial encroachment. Four homes are located opposite these properties, -which front on a private residential street. One alternative would be to rezone the well site to O-I and the balance of the other tract to B-2. The B-2 expansion would eliminate the splitting of the frontage parcel by a zoning line, making it easier to administer land use regulations and establish land values. It would also reduce the impacts created by encroachment. Rezoning the well site to O-1 would recognize the property's proximity to B-2 zoning to the north and the need to provide a compatible land use transition between the shopping center and residential uses in Pilot's Ridge. It would also reduce the concerns for encroachment. Another alternative would be to rezone the entire area petitioned for rezoning to O-I. This would significantly reduce the encroachment and promote a higher level of transitional uses. Recognizing that the commercial district already encroaches into Pilots Ridge Subdivision, other zoning alternatives may be more appropriate. The westernmost parcel petitioned for rezoning is currently used as a well site serving the adjacent residential development. That property should clearly remain within the R-1 S zoning classification. The front parcel which is partially. zoned B-2 Business now would be better suited with an O-I designation which would be more conducive to the residential uses across the street. This change would consolidate the zoning for the property while mitigating some of the concerns for encroachment. Similar actions should be looked for properties to the south, 31 zCr;,~ '~'VHAT YOU- MUST ESTABLISH TO GET A CHANGE OF ZONING OF PROPE RTY Your intended use of property upon rezoning is completely irrelevant, except for conditions! 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 of the following requirements. ~ ® How would the requested change be consistent with the County's Policies for Gro~stlr and Devel- opment? The site is an extension of existing B-2 zoning and is located along a major thoroughfare (Carolina Peach Road) near the intersection with a minor thoroughfare (Golden Road) . With the existing develogr,ent, this area serves as a carmercial node and therefore is consistent with Paragraph 3.3(1) of the Policies for Growth and Development. Public services are available. How would fire requested zone change be consistent with the property's classification on fire Land Classification Alap? The land classification is limited transition. Adequate storr.~rater controls will be constructed to minimize impacts of this site. ® What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The neighborhood is evolving as a cormercial node to serve the nearby residential cormiunities. The location of this site bet<reA._n a shopping center-and airstrip along a major thoroughfare make it inappropriate for residential use. 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 fire surrounding neighborhood would probably be illegal. I certify that all fire information presented in this application is accurate to fire best of my kttowlcdgc, information, and belief. 32 ~~ Signature of Petitioner and/or Owner PETITION SUMMARY SHEET - Petition Number: Z .626 ~ Owner:. Chase tilortgage/Fairway Util. Representative: Larry Snedden _ • Request: R-15 to B-2 ~ ~ Acreage: - ~ 77 Tax TD Number _ 7900 Location: Pilots Ridge F.d./US 42' ~ ~ LA ~ . . ND USE ZONING U ILITIES and SERVICES ' > T •, Land Classification: Limited Transition Existing Land Use:. Vacant , b Zoning $istory: ~' Originall~~ zoned 1974. Adjacent B-2 .Px~anded • ~. in 1989. Water Type: Community Scorer Types Counter ~ ~ F d 'Fi l mo Di i , e era re str ct: t. ~ivr e r2ccreation: - ~nn•.l~ ~ r„+- n-„-v rove _ Road Access: US .421/Pilots rid~7e a.u~olume: Un}:noc•m School District: Be11a*;w ~- ~ °, • MISCELLANEOUS PHYSICAL CHARACTERISTICS ~- Watershed andWater Quality Classification• Cafe Fear liver B (S:~) • ' Aquifer Recharge Area: Outside Primary an~3_ ~A~~.,~a,-,. r ro~~~ ~ Conservation Resources: None ' " Historic Landmarks an r h None d A c eological Sites: Prir*:arily Kr: Y.ureb: Class I Soil Type(s) and Ciass. Septic Tank Suitability: Few limits ~~ ~ z Prime Agric~lturnl Soils: None Fece limits Building Suitstbility: ~~. _ ~I ; . Tliis paa e izzte`ztiozzally left blaizk 34 - ~. NEW HANOVER COUNTY BOARD OF COMMISSIONERS ' ~; F REQUEST FOR BOARD ACTION Meeting Date: 06/01/98 Regular Item #: 4 Estimated Time: ~, ' Department: Planning Presenter: Dave Weaver ~; Contact: Wanda Coston SUBJECT: ~ '' Public Hearing to solicit citizen comments for the HUD Disaster Recovery - Initiative Program allocation of $1.8 million to assist New Hanover County in its hurricane recovery. efforts. - BRIEF SUMMARY:. ' :.The U.S. Department of Housing and Urban Development (HUD) has allocated S1.8 million for hurricane . .recovery under the Disaster Recovery Initiative program. We are required to hold a public hearing to -solicit public input.. The attached memo outlines the present direction the County is taking. ' RECOMMENDED MOTION AND REQUESTED ACTIONS• ` Conduct a public hearing, ~,~ FUNDING SOURCE: ATTACHMENTS: . 1 ITEM.DOES NOT REQUIRE REVIEW , '~~ ~ ` COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~• Conduct hearing. l" COMMISSIONERS' ACTIONS/COMMENTS• C ~. ~- ~ • ` ~ ~ • ~. COUN~'1( COMMISSI01 . REJECTED, p j REMOVED ^ `~ , - Pc - ~ :_ l_D ^ ~~ 3 5 New Hanover County United States Department of Housing, and Urban Development (HUD) Disaster Recovery Initiative Program A public hearing will be held by the Board of Commissioners on Monday, June 1, 1998 at 7:30 p.m. to solicit citizen comments for the HUD Disaster Recovery Initiative Program allocation of $1.8 million to assist New Hanover County in its hurricane recovery efforts. The hearing will be held in the third floor meeting room of the Old County Courthouse at 24 North Third Street in Wilmington, N.C. Citizen comments are being solicited for the following proposals: Proposed Projects Sewer Connection Assistance for Wilmington/Hanby Beach (revolving loan fund) Castle Hayne Phases I & II Sewer connection assistance (revolving loan. fund) Sewer construction South end of Wrightsville Beach (property acquisition) Snag and drag Carolina Beach Fire/Police Station (new construction) Total Proposed Costs ~'~~ ~~ ~~~~ ® Q~~'~~@~1~ . ~ •"`'ISO, i°~R 36 r. ~i j Proposed Allocation ~ ?88,000 ?07,000 431,586 300,000 376,584 ?50,000 S1,853,170 NEW HANOVER COUNTY TO: Board of County Commissioners FROM: Dave Weaver, Assistant County Manager ~~ Update on $1.8 million HUD Grant Based on the March ~ work session that we had with you concerning the use of funds for the $I.8 million Grant we anticipate receiving from the U. S. Department of f-Iousing and Urban Development (HUD), staff is moving forward on developing full applications for the following projects: Proiects to meet urgent needs Cost ~ ' County contribution toward purchase of south end of Wrightsville Beach $300,000. ~~ County contribution toward construction of Carolina Beach Fire/Police Station 520 000 Debris removal from stream (snag and drag) , .376 38=t TOTAL S926,~54 Proiects to assist low/moderate income households Cost ~~ Sewer assistance for Wilmington/I-Ianby Beach low/moderate ~ income residents (assessments, connection, Iumbin~ rehab. p ~ ) . 2 s 88 000 Sewer assistance for Castle Hayne Phases I II , , lo~v/moderate income residents (tap fee, connection , . plumbing rehab) ~ 5207 000 Remainder of funds goes for sewer construction for Castle Havne , .431 X86 TOTAL 5926,86 The Planning Department will be coordinating the preparation of these project applications, although the Towns of Wrightsville Beach and Carolina Beach will prepare ~ their o~vn applications. In order to apply for these projects, eve must also perform the following actions ~`: 37 lei U Board of County Commissioners Page Number Two May 19, 1998 • Disaster Action Recovery Plan (to be completed by the County's Department of Emergency Management in coordination with other disaster planning efforts). • Analysis of Impediments for Fair Housing Choice (to be completed by the Human Relations Department with the Planning Department). • Revision of sewer tap fee schedules (underway by Engineering). We are required to hold a public hearing to gain public input on how this money should be used. This hearing will be scheduled for the June 1 Board of Commissioners meeting. We anticipate bringing the completed project applications to you in August of this year. We will bring to you products of the above planning efforts before August. Please feel free to contact me if you have any questions or comments as we move forward. cc: Allen O'Neal, County Manager Dexter Hayes, Director of Planning Wyatt E. Blanchard, County Engineer Anthony Wade, Director of Human Relations Dan Summers, Director of Emergency Management 38 i t t r I r NEW HANOVER COIJNTI( BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/01/98 Regular Item #: 5 Estimated Time: Department: County Manager Presenter: Andy Atkinson, Deputy County Manager. Contact: Wanda M. Copley, County Attorney 1~ SUBJECT: Consider: A. Amendment of Franchise Ordinance for EMS B. First Reading of the Franchise Award and Agreement for Ambulance Service BRIEF SUMMARY: A. Amendment of Franchise Ordinance. First, this proposed amendment would remove the clause requiring that the County approve ambulance rates. Second, for non-profit franchises, the notice period for termination without cause would be extended from the present 120 days to 360 days. B. First reading of the Franchise Award and Agreement, New Hanover County Contract # 97 - 0368, pursuant to G.S. Section 153A-46. This Agreement would award a franchise for all categories of medical care transport to New Hanover Regional Medical Center. The initial term is ten (10) years, with a renewal arrangement for an additional ten (10) years. The Agreement allows the Medical Center to assist the County through recommendations relating to medical director arrangements, franchise administration, and 911 dispatch arrangements. Provisions also address procedures for re-conveying or transferring monies or properties back to the County in the event the Medical Service ever discontinues EMS Category I Services. RECOMMENDED MOTION AND REQUESTED ACTIONS• Consider Amendment of Franchise Ordinance for EMS and the first reading of the Franchise Award and Agreement for Ambulance Service. FUNDING SOURCE: ATTACHMENTS: ,~~ ambulanceordinamdmt 97-0368agr.w REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET: Approve COUNTY MANAGER'S COMMENTS AND RE MMENDATI Concur with recommendation noted above. COMMISSIONERS' ACTIONS/COMM HUMAN RESOURCES: N/A COUNTY COMMISSIQNQ~$ APPROVED ^ - REJECTED ^ '' REMOVED ^ ~~ r~ L•r1 i i SJ DATE ~p / ~~ ~~~• ~ ham/ ?•.3~, ~, u~` G/r~l~f~'~C~j/~,~f. New Hanover County Contract #97-0368 Revised 05/20/98 NORTH CAROLINA COUNTY OF NEW HANOVER AWARD OF FRANCHISE AND AGREEMENT FOR AMBULANCE SERVICE THIS FRANCHISE AGREEMENT, made and entered into this the day of 1998, by and between NEW HANOVER COUNTY, North Carolina, apolitical subdivision. of the State of North Carolina, hereinafter called "County," and NEW HANOVER REGIONAL MEDICAL CENTER, a North Carolina non-profit corporation with its principal office in New Hanover County, North Carolina, hereinafter called "Operator;" WITNESSETH: WHEREAS, Operator has agreed to provide New Hanover County with Category I (emergency) ambulance service, Category II (non-emergency) ambulance service, and Category III (critically ill patient) ambulance service; and WHEREAS, operator has requested the authority to provide Category IV (air transport) ambulance service and Category V (water transport) ambulance service for the benefit of the citizens of New Hanover County at such time as it is feasible for the operator to do so; and WHEREAS, G.S. §153A-250 authorizes County to contract with a franchised ambulance operator for the above-described services; NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and, with the exception of the existing franchise previously granted by New Hanover County to Medical Transportation Specialists, Inc., New Hanover County hereby conveys an exclusive franchise to Operator, upon the following terms and conditions: o` ~.1.. Term~sof~Agreement. The initial term of this Franchise Ordinance and AgreementCshallGb'e om July 1, 1998 through June 30, 2008. The Franchise may autoOmatically renUew`an.cJ~te~x~tend for a subsequent ten (10) year term, contingent upon ~~ ~ ®a '9 °~ ~ 'i .~ _.~+3 ~~ t ,~ New Hanover County Contract #97-0368 Revised 05/20/98 ~i County Commissioner approval pursuant to N.C.G.S. § 153A-46. 2. Scope of .Services. For the term .of this Franchise Agreement, if Operator agrees to provide persons located within New Hanover County, with non- emergency (Category II), emergency (Category I) and critical care (Category III) ,, ambulance services. The operator is also hereby entitled and authorized, but not required, to provide Category IV (air transport) and Category V (water craft transport) ~~ services. 3. Recipients of Service. Operator agrees to provide said ambulance ,`~ service for all persons having a medical need for such service who are located within New Hanover County. 4. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 6, Article II pertaining to a franchise ~, for ambulance services granted the Operator by the County, are herein incorporated by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 5. Personnel and Equipment. Operator shall equip and maintain all ~~ ambulances with staff and equipment in accordance with the North Carolina General Statutes and regulations established by the North Carolina Office of Emergency Medical ~~ Services. Operator's ambulances shall be subject to inspection at an time b the Y Y County Manager or his designee. ' 6. Ind ependent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of County, and as such, ~' 'Operator, his or her a ents and em to 9 p yees shall not be entitled to any County .employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or ension or retirement ben fi P e ts. 7. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the Count its a ents and em Y. 9 ployees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of ersonal in~uries P ~ or death or on account of property damages arising out of or relating ~~ 41 r J New Hanover County Contract #97-0368 Revised 05/20/98 to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands, causes of `action, or other liability, including attorney's fees, on account of personal injuries or death or on account of property damages arising out of or related to the EMS services operated and administered by the County before July 1, 1998, and resulting from the negligence of or willful act or omission of the County, its agents, employees and subcontractors. 8. Assignment, Contracting. The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not contract with any person, corporation, partnership, municipality or organization to provide ambulance services in New Hanover County without written approval of the New Hanover County- Manager or his designee. 9. Termination. This agreement may be terminated by either party at any time, upon three hundred sixty-five (365) days written notice to the other party. 10. Non-Waiver of Ri hots. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement 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 agreement. 11. Egual Opportunity. In connection with the performance of this agreement, Operator agrees.. not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 12. Administration. ~ ~- a) Any medical director utilized by the County to oversee any EMS ~~ services that may be provided by the New Hanover County Fire Department shall be subject to approval by the Operator, with such approval not to be unreasonably withheld. b) The Operator shall make recommendations to the County regarding the desirability of granting additional franchises for EMS 42 services. c) The Operator shall make recommendations to the County regarding 911 dispatch procedures and protocols. t New Hanover County Contract #97-0368 Revised 05/20/98 13. Property. Should Operator cease to provide EMS services pursuant to this Franchise Ordinance and Agreement, then all personal property, included but not limited to ambulances, utilized in the provision of EMS Category I services, or a cash equivalent therefore, shall be conveyed, transferred, and delivered to New Hanover County. Such property 'shall be made available to New Hanover County, without any cost or reimbursement to be paid by County, regardless of record or title ownership ,~ being in the name of Operator or other entity, and without respect to whatever funding source was used to procure said personalty. Provided, however, the Operator shall not ~~ be required to make available personal property or a cash equivalent thereof in excess of the 1998 stipulated value for County EMS personalty, said sum being ($ ), together with an adjustment of an additional amount calculated on the basis of the annual CPI through the year that the Operator ceases to ~, provide required EMS services hereunder. . 14. Sponsor Hospital Provision. ~' 15. Entire Agreement. This agreement constitutes the entire understanding of the parties and contains all of the terms agreed upon with respect to the subject matter hereof. No modification or rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. IN WITNESS WHEREOF., the parties have hereunto set their hands and S seals, by authority duly given, on the day and year first above written. 43 r New Hanover County Contract #97-0368 Revised 05/20/98 NEW HANOVER COUNTY [SEAL] vvunam H. ,aster, Lnairman Board of Commissioners ATTEST: Clerk to the Board NEW HANOVER REGIONAL MEDICAL CENTER [CORPORATE SEAL) ATTEST: ~.ur~cra~e secretary ~yivia rcountree, Lnairman Board of Trustees 44 ~ L 1 1 1 1 1 t 1 1 1 1 1 I 1 1 1 A f 1 This instrument has been pre- audited in the manner requited by the Local Government Budget and Fiscal Control Act.. New Hanover County Contract #97-0368 Revised 05/20/98 Approved as to form: -_ County Finance Director County Attorney NORTH CAROLINA NEW HANOVER COUNTY ' 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 Commissioners of New Hanover County, and that by authority duly given grid as the act of the Board, the foregoing instrument was signed in its name by its Chairman, William A. Caster, sealed with its corporate seal and attested _ by herself as its Clerk. WITNESS my hand and official seal, this -day of , 1998. Notary Public My commission expires: , NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and. County aforesaid, certify that personally came before me this day and .acknowledged that (s)he is Secretary of NEW HANOVER REGIONAL MEDICAL CENTER, a North Carolina non-profit corporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal, and attested by him/herself as its Secretary. WITNESS my hand and official seal, this day of , ~ ggg, My commission expires: Notary Public i 45 " AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 6, Business Regulations, Article II, Ambulance Service, is hereby amended to read as follows: I. Section 6-29.1. Rates and Charaes. Delete existing. subsection (a). II. Section 6-23, Term. Amend subsection (a) as follows: The county may issue a franchise hereunder to an owner of an ambulance or rescue service, to be valid for a term to be determined by the county; provided that as to any for-profit ambulance franchise, either party at its option may terminate the franchise upon one hundred twenty (120) days' prior written notice to the other party. As to any non-profit ambulance franchise, as recognized under the laws and .regulations of the Internal Revenue Service or the North Carolina .Department of Revenue, either party at its. option may terminate the franchise ,~ ~~ upon three hundred sixty (360) days' pr"ior written notice to the other party. After a notice of service termination is given, the ambulance service shall reapply for a franchise if continued service is desired. III. Except as specifically amended above, Article II shall remain unaltered, in full force and effect. ' This the day of , 1998. [SEALJ ATTEST: Clerk to the Board NEW HANOVER COUNTY William A. Caster, Chairman Board of Commissioners 46 .. . ~' NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~, REQUEST FOR BOARD ACTION .. Meeting Date: 06/01/98 ~~, ~ Regular Item #: 6 Estimated Time: ,~ Department:. County Manager Presenter: Dr. Art Constantini r' ~- - Contact: Dr. Art Constantini, Director Southeastern Mental Health ~~.' . SUBJECT: Consideration of approval for Southeastern Center to hold title to the Cape Fear Respite Care Home BRIEF SUMMARY: ... Southeastern Center is requesting your approval to hold title to the Cape Fear Respite Care Home at 202 ' 4~. Donchestec Place, in Echo Farms. The attached letter describes the requirements. Dr. Constantini will be present for a presentation and to respond to your questions. '~~~ ~ RECOMMENDED MOTION AND REQUESTED ACTiONS• FUNDING SOURCE: ~ ~. ~; . ATTACHMENTS: ' ~; ITEM DOES NOT REQUIRE REVIEW ` COUNTY MANAGER' ENTS AND RECOMMENDATIONS: Consider request. ~~ COMMISSIONERS' AC IONS/COMMENTS• ~ ~I ,. ~: - , . .. '~ ~ COUIUN CpMMt ~SIQ{1tf'f~S APPR©VIdD p ~' ~ ~ REM{3V~p t3 POSTPONED p ' HEhr; D 4, 7 ~~ ~ DATE ..,.~o,~y ' /-~ -- -.._,..._.- tv~t~~GZo~tii PAGE 5`outjiea.~te~-n C'e~iter ~ot- Mental Healtli, .Ueveloprrtental Disabilities & ~Szclistartce Abzcse Service BRUNSWICK cEr'TER NEw KANOVER CENTER PENDER CENTER Go~-anmeM.i C.xvp4z P.O. [3vc :Je 2023 $on:h (7th Street 803 $eah :~-n1J.~ Sv ee BoG~Fa. tiC 23322 P.O. Soz 1230 P.O. Box 462 (S10)2~3~35 Wiin•~ngron-tiC2F3n?-1210 B~l•v-NC 25~c25 F.Y'C (4I0) 253-7671 (4I0) 2cf-o%-0 (410) 259-5+76 FAX !910)151-(+,~$i FtVC (910)ISa3531 Arthur F. Coscantini, Ph.D. 1.300-293-6~ May 2 0 , 1 a 98 Dr. Gregory B. Camp Area Director Medical Director ~:~. Allen O'Neal rlea Hanover County Manager 320 Chestnut Str°et ~tilmir_gton,.NOrth Caroii~a 28401 dear Allen: I / 1 Southeastern Center provides respite care services to developmentally disabled clients within our catchment area of Brunswick, Pender," and New uarover.Counties. These services are provided in the Cape Pear P,espite Carte tome at 202 Dorchester Place, Echo Farms in New Hanover County. This program was previously owned by the Cape Fear P.espite Eoard of Directors. The board is row defunct and operations of this progra<< 'have. been absorbed by Southeastern Center. Southeastern Center would like to purchase this home in order to contim,:e services at this location in Echo Farms in Wilmington, North Carolina. The house is appraised at $225,000, and SSC will bs paying approximately $120,000, the current mortgage balance. GS 122C-2?7 re~:ires SFC to obtair_ th= approval of the Boards of. County Commissioners o` all the counties that comprise our catchment area, when wp trash to _~~rchase and hold title to real proparty. Thus, we a_e seeking approval from the County Commissioners from Brunswick County for SAC to purchase and hold title to the facility described above. Please note that SBC is not requesting any additional funds, and is not requesting that the ~r`rctriC County Commissioners accept any additional responsibilities. SnC is «,erely requesting approval to purchase the buildir_g. Through this letter I am regu~sting that our request for approval be presented to your Comtissioners at their ne_ct meeting, and that approval be givsn ay a resolution of the 3oard .of Cot:yttissioners. I will be happy to att_nd *_he Commissioner's meeting and respond to any questions they might ave - 1'hanrc yo~.z for your assistance with this process, and please do not hesitate to contact me if I can be oz any assistance. Since ely, _~rt Costantini, ~- ,~, ~ r~ar~u~..~ 7F~ Area Director AC : ml r $,~ ,~iu'~ r; te_ Aa'uA3c ~ ~~yS ;~.- ~~,~ ~ ~ a9~"~#do+t'An(Evua/Ovvor;vnhy EmCroY'+r yn75erv+~p ProvlCVr ._.~.._- _ :~ ~ w~ .. ^ ~j ' NEW HANOVER ,COUNTY BOARD OF COMMISSIONERS ~; REQUEST FOR BOARD ACTION , Meeting Date: 06/01/98 ' Regular' Item #: 7 Estimated Time: Department: Governing Body ,Presenter: Chairman Caster '~~ Contact: Chairman Caster :- . ~; SUBJECT: ' Solicitation of Nominations for the Coastal Resources Commission ,~. ~ .. .~ BRIEF SUMMARY:. The County Commissioners have the. opportunity to nominate four positions for the Coastal Resources Commission. The attached memo and letter describe the vacancies and nomination process ;RECOMMENDED MOTION AND REQUESTED ACTIONS' `~J FUNDING SOURCE: ~- ATTACHMENTS: ~I ITEM DOES NOT REQUIRE REVIEW 1 , r~` COUNTY MANAGER'S COMMENT D RECOMMENDATIONS: ` Consider making a nomination. ,~;, COMMISSIONERS' ACTIONS/C M TS• ,~a . ~- ~ , . :~ _.. . APPRay~~ p - REJECT~fl O ~` REf~10VED p y F . ;~CNED O ~ 4 t E"; . ..1 ' (G s' . DHmi E ~, STn. rT~•.. t ... 4 t5 ,ter r,e y~r > . `~. STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR May 1, 1998 The Honorable William A. Caster, Chair New Hanover County Board of Commissioners 320 Chestnutt Street Room 30~ Wilmington, North Carolina 28401 Dear Mr. Caster: This is to advise you of upcoming vacancies on the Coastal Resources Commission and to solicit nominations from your local government for appointments to fill those vacancies. The Coastal Area Management Act of 1974 sets forth specific qualifications that these nominees must meet and a very detailed procedure that must be followed in malting the appointments. The qualifications are designed to provide the Commission «ith ltno«~ledge and experience in a diverse range of coastal interests. A copy of these provisions, G.S. 113A-104, is enclosed for your convenience and I urge you to review it carefully. - The Coastal Resources Commission (CRC) pro~~ides oversight for implementation of the State's coastal program. It creates policies and rules governing land use planning, beach access and development in designated critical environmental areas. It also hears appeals and variances that may arise from permit decisions. The Commission meets for several days every eight weeks, usually in a coastal location. I trust that you will give careful thought to nominating persons with the interest, skill and dedication to make an important contribution to the Commission. Prior to submitting a nomination, please contact your nominee and be sure that he or she is «zlling and able to devote the time necessary to serve, as the law mandates regular attendance as a condition of Commission membership. In making your nominations, I encourage you to give particular attention to suggesting the names of qualified women and minorities. The one vacant position and the five members of the Commission whose terms expire on June 30, 1998, their county of residence,~when,each was appointed, and the category each represents are as follows: ~~~ ~~~i ~~I~~:: 1. `~ Roger ~o~v~e,~C"a~r~t~.'~iCounty, Wildlife or Sports Fishing 2. ~ .Alton Ba~llance Hyde County, Local Government 3. ~ L. Regu ald Ca boon, Pamlico County, Commercial Fishing O rro ~,. ~ 4. ~ .Bob Em~o• ry~•Craven County, Coastal Forestry }~ _ ~LJ ~~~ e ~` The H n ra 1 , 0 o b e William A. Caster Page 2 May 1, 1998 ~~ ~. Courtney Haclaney, New Hanover County, Marine Ecology 6. Vacant, At-Large ~~~ . Each county is allowed by law to specify four nominations among the sic categories. Each municipality may make one nomination in whichever category. they choose. Please be aware that the law ~, ~ specifies that members in all categories available for nominatioq xc the at-large positioq shall be . persons who do not derive any significant portion of their income from land development, constructioq real "~ti `estate sales, or lobbying and do not otherwise serve as agents for development-related business activities. - Your nominees do not have to reside iri your particular county. The Coastal Area Management Act also provides that no more than Rvo members of the CRC may reside in the same county and,no more , ~% than two members of the;entire CRC may reside outside the coastal area. ~~, I have enclosed a nomination form for your use. Please complete the form and return it by June 1~, 1998 to Stephen C. Bryant, Office of the Governor, 116 West Jones Street, Raleigh North Carolina 27603-8001. "~; I hope that you will join mein efforts to insure the continued success of the coastal ro ram b P g Y grvzng of your time and interests to assist in selection of the next member of the Commission. Our coastal resources a.re critically important, and only through the nomination and appointment of highly qualified and ~~~ dedicated Commission members can we be assured that these resources will receive the protection they deserve. Thank you for your help. '~_ My warmest personal regards.. r Sincerely, ~~` ~ - ,. _• ,~! James B. Hunt Jr. . 7BH:rns ~~ Enclosures cc. Manager ,~., ' ~' 51 ~~ . ~~ ~' . ~ - §113A-104 ART. 7. COASTAL AREA ALANAGEhiEIv'T §113A-104 sounds in effect constitute the western boundaries of the coastal zone for pur- poses of this Article. Adams v. North Carolina Dept of Natural & Economic Resoums: 295 N.C. 683, 249 S.E.2d 402 (1978). Jones and Piti Counties Excluded. - Two counties, Jones and Pitt, were excluded fiom this Article as the result of the General Assembly excluding from the coverage oC this Article all counties which adjoined a point of confluence and lay entirely west oC said point, AdartLS v. North Carolina Dept of Natural 8. Eco- nomic' Resourcrs, 295 N.C: 683, 749 S.E2d 402 '(1978). The alight, ezient of seawater en- croachment into Jones 'and Pitt counties was of no significance to an accurate and reasonable definition of the coastal area:- Adams v. North Carolina Dept of Natural g Economic Resources, 295 N.C. 683, 249 S.E2d 402 (1978). The purpose of the exception of subparagraph (5)b7 ,was to exempt projects that were already, ,underway and were so far along in their develop- ment that to require a'perrnit under this Article would be unfair and possibly a denial of constitutionally protected vested private property rights. Pamlico Marine Co. v. North Carolina Dept of Natural Resources & Community Dev., 80 N.C. App. 201, 341 S.E.2d 108 (1986). Applicability of Subparagraph (5)b7. -The exception in subparagraph (5)b7 did not apply to replacement oC decking merely because original marina " and pilingr were built before the ratifi- cation of this Article, the Coastal Area Management Act; as petitionez had to obtain a new building permit fi-om•the ToKa of Bath prior to .building this decking, which permit w'as issued after the ratification of CA.tiiA. Pamlico Ma- rine Co. v. North Carolina Dept of Nat- ural Resources g Community Dev., 80 N.C. App. 201, 341 S.E.2d 108 (19561. Quoted in State ex rel. Cobey v. Simpson, 333 N.C. 81, 423 S.E.2d 759 (1992). Cited is In re Coastal Resources Comm'n, 96 N.C. App. 468: 386 S.E.2d 92 (1989). § 113A-104. Coastal Resources Commission. (a) Establi hed: -The General Assembly hereby establishes within the Department' of Environment, Health, and Natural Re- sources acommission to be designated the Coastal Resources Com- mission. (b) 'Composition. -The Coastal Resources Commission .shall consist of 15 members appointed by the Governor, as follows: . (1) One who shall at the time of appointment be actively con- nected a-ith or have experience In commercial .fishing. (2) One who shall at the time of appointment be actively con- nected RZth or have experience in wildlife or sports fishing. (3) One.who shall at the time of appointment be actively con- nected with or have experience in marine ecology. (4) One who shall at the time of appointment be actively con- . netted with or have experience in coastal agriculture. {5) One who-shall at the time of appointment be actively con- nected with or have experience in coastal forestry. (6) One who shall at the time of appointment be actively con- nected with or have experience In coastal land develop- ment. (7) One who shall at the time of appointment be actively con- nected with or have experience In marine-related business (other than fishing and w-ildlife). (8) One who shall at the time of appointment be actively con- nected with or have .experience in engineering in the coastal area. (9) One who shall at the time of appointment be actively asso- ciated with a State or national conservation organization. (10) One who shall at the time of appointment be actively con- nected with or have experience to financing of coastal land development. 69 52 t t r .. , §113A-104 CH. 113A. POLLL'rION CON'T'ROL, ETC. §113?,-10.1 (11) Two who shall at the time of appointment be ac:ively con- nected.with or have experience in local government within -the coastal area. (12) Three at-large members. -~ (c) Appointment of bSembers. -Appointments to the Commis-' .lion shall be made to provide knowledge and experience in a di- '_ ~ ~ verse range of coastal interests. The members of the Commission . - ~ "~ shall serve and act on the.. Commission solely for the best interesu - '. - .;.- of the public and public trust, and shall bring their particular .. ~.::: knowledge and experience to the Commission for that end alone. :..The Governor shall appoint in his sole discretion those member of the Come,;c~ion whose qualifications are described in subdi~z- sions (6) and (10), and one of the three-members described in subdi- .. vision (12) of subsection (b) of this section. ' "' The remaining members of the Commission shall be appointed by the Governor after completion of the nominating procedures pre- scribed by subsection (d) of this section. The members of .the Com- mission whose qualifications are described in subdivisions (1) through. (~), (9), and (11), shall be persons who do not derive any significant portion of their income from land development, con- . struction, real estate sales, or lobbying and do not othenc-ise sen•e as agents for development-related business activities. The Governor shall require adequate disclosure of potential conflicts of interest by members. The Governor, by executive order, shall promulgate trite- ria regarding conflicu of interest and. disclosure thereof for deter- - mining the eligibility of persons under this section. (d) Nominations for Membership. - On.or before hfay.l in every even-numbered year the Governor shall designate and transmit to the board of commissioners i.n each county in the coastal area foaz ' nominating categories applicable to that county for that year. Said . nominating categories shall be selected by the. Governor from among the categories represented, respectively by subdivisions (1), ' (2), (3), (4 ), (5), (7), (8), (9), (11) - tw•o persons, aad (12) - t~-o persons, of subsection (b) of this section (or so many of the above- listed paragraphs as may correspond to vacancies by expiration of term that are subject to being filled in that year). On or before June 1 in every even-numbered year the board of coramissione:s of each county in .the coastal area shall nominate (and transmit to the Governor the names of) one qualified person in each of the four nominating categories that was designated by the Governor for that county for that year. In designating nominating categories from biennium to biennium, the Governor shall equitably rotate said categories among the several counties of the coastal area as in his judgment he deems best; and he shall assign, as neaz as may be, an even number of nominees to each nominating category and shall _ assign in his best judgment any excess above such. et•en number of nominees. On or before June 1 in every even-numbered year the governing body of each incorporated .city within the coastal area shall nominate and transmit to the Governor the name of one per- - son as a.nominee to the Commieion. In making nominations, the boards of county commissioners and city governing bodies shall give due consideration to the nomination of women and minorities. The Governor shall appoint 12 persons from among said city and county nominees to the Commission. The several boards of county commissioners and city governing bodies shall transmit the names, addresses, and a brief summary of the qualifications of their nomi- i0 §113A-10~ ART: ;. COSTAL .~.~:a hL~ti:~GEh1E\T §113A-10-1 pees to the Governor on or before June 1 in each even-numbered ~ year, beginning in 1974; provided, that the Governor, by registered or certitted mail, shall notify the chairman or the mayors of the said local governing boards by IV1ay 20 in each such even-numbered year of the duties of locale governing boards under this sentence. If any board of commissioners or city governing body fails to transmit its list of nominations to•the Governor by June 1, the Governor may add to the nominations a list of qualified nominees in lieu of those that were not transmitted by the board of commissioners or city governing body; Provided however, the Governor may not add to the list a nominee in lieu of one not transmitted by an incorporated city within the coastal area that neither has a population of 2,000 or more nor is contiguous with the Atlantic Ocean. Within the - - meaning of this sectfon, the "governing body" is the mayor and council of a city as defined in G.S. 160A-66. The population of cities shall be determined according to the most iecent annual estimates -. of population as certified to the Secretary of Revenue by the Secre- " terry of Administration. (e) Residential Qualifications. -All nominees of the several boards ofi county commissioners and city governing .bodies must reside within the coastal area, but need-not .reside fn the county from which they were nominated. No more than one of-those mem- bers appointed by the Governor from among said nominees may reside in a particular "county. No more tha.*f tw•o members of the entire Commission; at any time, may reside in a particular county. No more than.two members of the entire Cocunission, at any time, may reside outside the' coastal area. (fl Ouice 1`4ay Be Held Concurrently with Others. '- klember- - ship on the Coastal Resources Commission. is hereby declared to be an office that may be held concurrently with other elective or ap- • pointive offices in addition to the maximum number of offices per- witted to be held by one person under G.S. 12S-1.1. (g) Te.^.ns.'= The members shall sen•e stzggered terms of of:ice of four years. At the expiration of each meWber's,ter-m, the Gover- nor shall reappoint or replace the member aZth a new member of like qualification (as specified in subsection (b) of this section), in the manner provided by subseaions (c) and (d) of this section. The initial term shall be determined by the Governor in accordance with customary practice but eight 'of the initial members shall be appointed, for t•~•o years and seven for four years. (h) Vacancies. - In the event of a vacancy arising otherwise than by expiration of term, the Gove:..or shall aopoint a successor of like qualification (as specified in subsection (b) of this section) _ _ ~` w•ho shall then serve the remainder of his pre'decessor's terra. When ~ 'V,_J any such vacancy arises, the Governor shall i.-:ifnediately notify the board of commissioners of each county in the coastal area and the governing body of each incorporated city within the coastal area. Within 30-days after receipt of such notification each such cou.*fty board and city governing'b'ody shall nominate and' transmit to the Governor the name and address of one person who'is qualified in • the category represented by the position to be filled, together with a `~ brief summary of the qualifications of the'nominee.`The Governor shall make the appointment from among said city and county norm- nees. If any county board or city governing body 'fails to make a timely transmittal- of its nominee, the Governor may add to the nominations a qualified person in lieu of said nominee; Provided 71 54 ~. - . ~ §113A-108 CH. 113~:YPOLLLTION COti"TROL ETC. §113A-108 h ev h . ow er, t e Governor may not add to the list a nominee in lieu of one.not transmitted by an incorporated city k-ithin the coastal area that neither has a population of 2,000 or more nor is conti uous i h - g w t the Atlantic Ocean. Vii) Officers. -The chairman shall be designated by the Governor m among the members of the Commissi on to serve as chairman at the pleasure of the Governor. The vice-chairman shall be elected b d fr ~. y an om the members of the Commission and shall serve for a term of two years or until the ex i ati f p r on o his regularly a ited • .term. • -, PPo ~ '. ~) Compensation. -The members of the Commission shall re- celve ppeer diem and necessary travel and subsistence expenses in accnrtian i h , ce w t the provisions of G.S. 138-5 • . .. (k) In making appointments to and filling vacancies upon the ~ Commission, the Governor shall give due consid i ~` erat on to securing approppriate representation of women and minorities. ('1) R.egu;ar attendance at Commis i s on meetings is a duty of each member. The Commission shall develop procedures for declari ~ ng any seat on the Commission to be vacant upon failure by a member ~ perform this duty. (1973 c. 1284 s 1 1978 , . , , . ; , c. 482, s. 5; 1977, c. 771, s. 4; c. 486, ss. 1-6; 1981, c. 932, s. 2.1; 1989, c. 508; c. 727 s. 218(64).) ~' Editor's Note. - Sr_:ion 2 oCSession Commission on June 29, 1989, would be I-aws 1999, c. 505, Provided Lhat aem• eligible t l o comp ete their res ti~•e hers ae~-ing on the Coastal Resoc:rces te.^s. '~ ~ CASE NOTES - Stated in Adams v. Ivor-,h Carolina Commutity Dev., 80 N.C. App. 201, 3.1 Dept of Natural & Economic Resources. S.E2d 108 (1936); W k Iv 2 '~'• ee s v, or•_ti Caro- 95 N.C. 633, 249 S.E.2d 402 (19791. lines Dept oCNa:w-n1 Resoe;,•-ces ~ Corn- Cited is Pamlico SS -i a. ne Co. v. No^,5 ta~i:y Dev.: 97 N.C. App. 215, 393' Carolina Dept of Na:t:.-al R.ewu.-rxs ~4 $.E.Zd 229 (19901. ~t § 113A-10~. Coastal Resources Ad~-isory Council . (a) Creation. -.There ' to be known as th C C0u'ncil r s c e oastal Re ources Advisory Coun 1 (b) The Coastal Resources Ad i i ~" ~ v sory Council shall consist of not morelthan 47 members appointed or designated as follows: OTwo ' lndiv~duals desi nat d b - h g e y t e Secretar}• from among the employees of his Depa -~ ne t ,~ . . n ; (la) T he Secretary of the Department of Commerce or his des- . g n (2) The Secre - tary of the Depa.-tmeat of Admtnistrafion or his designee; '"' ~` (3) The Secretary of the Department of Tzansportation and Highk•ay Safety or his d i el ~nnee, and one additional mem- ber selected by him from his Department ; (4) The State Health Director; (5) The Commissioner of Agriculture or his designee; (6) The Secretary of the De art t ~ f p men o Cultural Resources or his designee; - (7) One member from each of the four multi-county planning districts of the coastal area to be ap ointed b h ~rl p y t e lead regional agency of each district; i 72 55 f hO~fLtiATIO\ FOR~tiI NORTH C~ROLL\A COASTAL RESOURCES COtiL~lISSION NO~IL~iATION CATEGORY Name of Nominee Home Address of Nominee Telephone Special Qualifications and Interest In: Current Emplo}-mcnt ' Past Emplo}-mcnt Educational Background Count}• or Luca] Go~-ernmcnt 1lal:inb Nomination A Count~• or Local Go.•ernment OfTicia! Namc Title Signature RETURI FORM BY: June 15, 1993 TO: 1<Ir. Stephen C_ Br}•ant Office of the Go~•ernor 116 West Jones Streel ~. Raleigh, North Carolina 27603-3001 `., NEW HAI~'O VER C - OUNTY INTER-OFFICE ~,,.~ }. ~.., .. ~~~~ ~ . :~ u iV1ay 1 ~, 1998 . ~: TO: Lucie Harrell, Clerk to the Board FROiti1: .Dave Weaver, Assistant County Manager ~,~/ ~=: Response to Your inquiry on CRC nominations .'~~ As the art ' ached letter outlines m more detail, the Board of Commissioners can- make four nominations for membership to the Coastal Resource Commission (CRC). Each of the four-nommations must fit one of the six categories below: Cat-e~~ Present member ,~~ I) Wildlife or S orts F' Q p ishm~ Roger Crowe-Carteret County 2) Local Government Alton Ballance-Hyde County ' ~) Commercial Fishing L.Reginald Caroon-Pamlico County ~) Coastal Forestry Bob Emory -Craven County 3 ~) Marine Ecology Courtney Hackney-New Hanover Coun~;• 6) At-large Vacant The following conditions also apply: ~t . • No County may have more than.nvo residents on the CRC. I believe Courtney i Hackney (Marine Biology) is the only New Hanover County No member except the At-Large position, may derive any signifi ~antti~come f om ~, or be an agent for land development, construction, real estate sales, or lobbying. I would personally recommend that the County continue to support Courtney Hackney's membership. Dr. Hackney is a Professor in iVlarine BioloQ at UNC-W ~ ` ..Y Nominations must be made by June 1 S. Please feel free to contact me if you have +~~ an uestions Y q or comments. cc: Allen O'Neal, County Manager ~ 5 7 !~ . -~ yj i~_~' >'. ~ •_' <! k~' r . =\ . ~,.~_.~' STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RAIElGH 27603-8Q01 JAMES B. HUNT JR. GOVERNOR ~~Iay 1, 199s Tne Honorable William :~. Caster, Chair i`1e:v Hanover Courrv Board of Comnussicners . .i20 Chesmutt Street Room 30~ ~~~n~ on, North Carolina 28-:01 Dear Mr. Caster: ~'-• ~ I -- _ C- .. ; a ~ 153 ~~. ~•--~,~ This is to advise you of upcoming :ncancies on the Coastal Resources Commission and to solicit nominations fi"om your. local government fcr appointmeau to fill those vacancies. , The Coastal Area iVfanagerrteat Act of 197=1 seu forth specific qualifications that these nominees must meet and a very detailed procedure the t must be followed in malting the appoia~nenu. T'ne qualifications are designed to pro:Zde the Commission with ~owIedge and experience in a diverse e-.~.~ge of coastal interests. :~ copy of these pro:~sions, G.S. 1 li A-!0 ;, is enclosed for your conve:uancu and I urge you to review it carefully. " The Coastal Resources Commission (CRC) pro:zdes oversight for implementation of the S ~~°'s coastal program. It creates policies and rules governing land use planning, beach access and deyeiopment .~' m designated critical environmental areas. h also hears appeals and variances that may arise from permit decisions. The Commission meets for several days every eig,+~t week, usually in a coastal location. ~ _ I trust that you will give careful thcu t to nominatin '~ g persons with the Interest, skill and dedication to make an important contributiea to the Commission.. Prior to submitting a nomination, please contact your nominee and be sure that he or she is willing and able to devote the tune necessary to serre, as ~~ 1a:v mandates regular attendance as a condition of Commission membership. In making your nominations, I encourage you to give particular attention [o suggesting the names of qualified women and minorities. The one vacant position and the five members of the Commission whose te,`ms expire on June 30, 1998, their county of residence when each «z5 appo~ted, and the category each represents are as follows: 1 • Roger Crowe, Carteret County, Wildlif or Sports Fishing _ + 2. Alton Ballance, I-Iyde County, Local Government ~. L. Reginald Caroon, Pamlico County, Commercial Fishing . ~ ~ Q~. Bob Emory, Craven Count<-. Coastal Forestry t~..!! The Honorable ~Villiarn a. Caster ' ,: Pa3e ? ivfay 1, 1993 ~. Courtney ~ • Hac,rnev, yew Hanover Count~•, Manne Ecoloey 6. Vacant, ~t-Lame -_ , ~' Each county is allowed by law to sceci . - f~ four nominations among the six caterones. Each m~cipality may. make one nomination in ~chichever cate3orv then choose. Please be aware that the !a«- ' . ,specifies that members in all cate3ories avaiIab!e for nomination, axcent the at-lame position, shall be ~. persons who da not derive any si ~ "cant ertion ~ ' • estate sales, or lobbing and do no~ et-~~Pse ser~efas ~~ ~ for deo•elopm~ at-reloP d. business activ'ic S eat Your nominees do not hwe to reside in ti•ou :pct also p r particular county. Tne Coastal :area :~lara~erneat rovides that no more than nvo me.^ibers of the CRC may reside in the same couni?_r and no more than Rvo members of the eatire CRC may ride outside the coastal area. I have enclosed a'nomination form tar your use. Please complete the form and return it by line 1~, 1993 to Stephen C. Bryant, Office of the Governor, 116 Nest Jones Street, Ralei~ Ner~h Carolir,~ • ,• 2760;-8001. Lhope that you will join me in etiors to insure the.continued success of the coa_stnl pro~rn by , 31~~ of your time and interests to assist in ;election of the nest member of the Commissien_ Our cons~~aI resources are critically important; and only throu dedicated '~ [he nomination and appointmeat of hi~hiy qua~.~,+ and ~~ Commission members can we be assured that these resources will receive the protection thy: ` deserve. ~k you for your help. i~Iv warmest personal resards. ' 1': Sincerely, . ~' ' . lames B. Hunt Jr. JBH:rns ~~ Enclosure • • s cc: ~ iVianager ' ~. . • ~~ ~ 5 9 ~.s_~7v S ~,~J ~~ J l y~ J North Carolina Department of Health and Human Services Division of Social Services 325 Noah Salisbury Street ~ Raleigh, No:[h Carolina 27603 Courier R 56-20-25 James B. Hunt, Jr., Governor H. David Bruton, 1`4.D_, Secretary May 18, 1.998 Mr. Andrew ,I. Atkinson Deputy County Manager 320 Chestnut Strut, Suite 502 Wilmington, N.C. 23401 Dear Mr. Atkinson: Kevin ~1. FitzGeral-!, Director (919) 733-:055 We have completed our review of the 26 Work First plans from counties drat wish to be Electing. I regret to inform you that New Hctrtovcr County is not included in the State 1Vork First plan that was submitted to the General Assembly on May 15. As you kno«•, Electing County plans wcrc rcviewcd, scored, and ranked prior to the draft State Plan being made available for public comment_ All counties ~~'ere offered the opportunity to submit modifications to dtcir plans during the 45 day public comment period, and 3 number of counties did ` SO. ~ , As I stated in my letter to you of Match 12, plan reviewers consisted of r=presentativcs fFom the Department of Health and Human Services (Divisions of Social Sen~ices, Medical Assistance, Child Development, Information Resource 1`kanagement, and Mental Health/Developmental Disabilities/Substance Abuse Services), Department of -Cransportation, Dcpa.-tment of Commerce (L-mpIoyment Security Commission), and the Attorney General's Office. The recommendation vas detennined by scoring counties on IS items. Items •~•ere scored on a scale of 0 to 3. The items ~~'ere: • Description of county conditions • Planning process • State«•ide Work First goats • County-specific Work First goals • Activitics/support services to meet goals • Agency organization for service delivery • Plans to implement First Stop . • Community service program , • Prioritization of child care funds • Coordination with area authority for hiI-i/DD/SAS North Cvotini Host o: u`tc 1999 Spcci~l Oh~niQics Worid 5u:nmcr Gn.-nc~ 6 O An Egvxl Opportuaiy/AfI"tar:~:vc Action Emp(o;"r New Hanover County Community Crime Task Force Interim Report to the New Hanover County Board of County Commissioners - ~a~~R - ~- C~ ~ G ~ ;_ ~ ~~ ~ r~ ~ ~ ~ * ~ l1j ~ ~ ~ ~, Icy Q ~~ °'IMP_ORTS•EXPORT5~' - ~ r -'`iNOUSTi;;Y'~ ~ ~ - C ~ t 1 n~ ~,~ - ~ c~ ~~ RAN . June 1,1998 . The purpose of establishing the New Hanover County Community Crime Task Force is to bring attention to the growing concerns and frustrations expressed. over crime in our local community, and to determine ways of effectively reducing the cause of the problem. In establishing the Community Crime Task Force, the New Hanover County Board of County Commissioners adopted the following. resolution: RESOLUTION ESTABLLSHING A COMMUNITY CRIlVIE TASK FORCE WHEREAS, New Hanover County is a densely developed coastal County; and • WI~REAS, the Citizens of New Hanover County have expressed a fiustration with the apparent increase in violent crime; and .WHEREAS, the law enforcement agencies throughout the County have the desire to involve the community in seeking positive .and effective solutions to the issues of illegal drugs and crime; NOW, THEREFORE, BE IT RESOLVED: That in order to address these concerns the New Hanover County Board of County Commissioners does hereby establish the Community ' Crime Task Force (CCTF), and charges it with the following purposes: 1. Review Structured Sentencing, and make recommendations for changes that the CCTF believes could enhance the fight against crime in our community. 2. Review the current issues that .are causing violent crime to escalate in our community. After reviewing; make specific recommendations to the respective local governing bodies within New Hanover County relating to short and long term efforts needed to reduce crime. 3. Make recommendations concerning how to impact in a positive manner, preventive , measures that can lead to a restoration of hope in the lives of those that are directly impacted by illegal drugs and crime. 4. Provide economic impact information concerning the recommendations made in any of the areas above. 5. Review and address any other pertinent issues related to illegal drugs and crime. BE IT FURTHER RESOLVED: That the CCTF shall consist of seven (7) members, appointed as follows: two {2) appointed by the Board of County Commissioners, two (2) appointed by the City of Wilmington, and one each from the following beach communities of ' Carolina, Kure, and Wrightsville. Adopted this 16~' day of February, 1998. 2 - Task Force Members: . Chairman: Mr. Al Corbett; Wilmington businessman, former New Hanover County - Commissioner, appointed by New Hanover County. -Vice Chairman: The Reverend Alex Maultsby; Pastor of St. Paul's United Methodist • Church, Carolina Beach, appointed by the Town of Carolina Beach Mr. Bertrand Outright: Retired IRS examiner, appointed by the Town of Kure Beach. Mr. Carl Black: Retired police officer, currently Executive Director of The Family Resource • Center, appointed by the City of Wilmington. Mr. Craig Umstead: Director of Internal Audit at New Hanover Regional Medical Center, - appointed by New Hanover County. - - Mr. Harold King: Retired Engineer, General Electric, appointed by the Town of Wrightsville Beach. Mr. Donald Mapson: School Teacher/Counselor, College Park Elementary School, appointed • by the City of Wilmington. ' Acl~owledgments: , The New Hanover County Community Crime Task Force wishes to acknowledge the work that is already underway to reduce crime; Drug court, cooperation between County/City and Beach Communities, and the City/County Gang Task Force to name a few. We also wish to acknowledge Mr. Andy Atkinson, Deputy County Manager, and Mr. ' Mark Boyer, Public Information Officer; for their work in facilitating this group's efforts to make New Hanover County a safer community in which to live. 3 EXECUTIVE SUMMARY The New Hanover County Community Crime Task Force presents this interim report with the intent of it being a living document, one which can be referred to in the future. We expect the recommendations to follow will be improved upon and further defined. • What is the problem? Lack of hope was identified as a major reason for the growth in crime. The widening gap between the haves and have pots causes great frustration among the have pots. Other reasons included the lack of affordable housing and job training. . The task force identified: X murder X assault involving weapons " X robbery X "breaking and enterings . . as the top four crime issues afflicting our community. We were extended the opportunity to participate in the Wilmington Police Department . Ride Along Program, which presented a first hand account of inner city troubled areas, prior to the group's work. Several members of the task force took advantage of this opportunity. Recommendations are presented in two categories: Enforcement, and Prevention/ Treatment. The number one enforcement recommendation is for additional law enforcement officers to be "on the beat," spending more time with citizens. We believe visibility is the key to making an immediate impact on crime in our community. Other recommendations in this category involve technology enhancements, a local crime laboratory, a, mob• e_iail, a~~ v ,' a computerized fingerprint workstation, and others. In the category ofprevention/treatment, recommendations are to establish acounty- wide curfew for youth under 16 years of age; improve or expand recreational programs and facilities; enhance educational programs, such as an alternative education program for long term suspended High School students; require uniforms to end the competitiveness among students in fashion; and neighborhood enhancement activities such as beautification of neighborhoods, increased code enforcement, better street lighting where necessary, and encouraging greater volunteerism. Task force members agree that by establishing a county- - wide curfew, and a centralized facility where offenders can be taken while they await their parents, the opportunity for juveniles to become involved in gang and other criminal activity, will be reduced. We also agree that more recreational opportunities must exist, and be accessible from all neighborhoods. We understand all of our recommendations cannot occur overnight, but we believe a multi-faceted approach in those areas listed above should begin, and begin now. We stand ready to continue to work with all the municipalities and the County to further define these recommendations. It has been our honor and pleasure to have been part of this task force. We thank you for the opportunity to serve our community.- 4 RECONIlVIENDATIONS Recommendations are grouped into two categories; First, enforcement; and secondly;. prevention/treatment. ENFORCEMENT (Listed in order of priority.) . 1. Increase law enforcement presence. More officers need to be placed on the street in foot patrols, horse patrols and bicycle patrols in order to more effectively police local neighborhoods. K-9 patrols should also be used for crowd control Officers are needed so that patrols can spend more time working with citizens. 2. Increase mandatory prison sentences for crimes committed with a weapon. 3. Improve technology between Courts, all Local, State and Federal law enforcement agencies, and District Attorney. An interfaced computer network needs to be developed that allows a free flow of information between Federal, State and Local agencies. 4. Continuing education/training for police officers, including sensitivity and diversity training: More bilingual officers, better relations between officers and the citizens they protect. 5. .Establish a local crime lab to support all law enforcement agencies and Courts system. 6. Establish a mobile jail which would free up officers from having to transport suspects. to the . nearest Magistrate. - 7. Encourage the development of a local juvenile detention facility. 8. Procure a computerized fingerprint workstation. 9. Continue to improve cooperation between all law enforcement agencies. . 10. Increase salaries for law enforcement and provide a career ladder for advancement that. . . ` keeps officers "on the beat". 11. Consider placing surveillance cameras in high crime areas. 12. Drug treatment should be available regardless of insurance or the ability to pay. 5 } -PREVENTION /TREATMENT Cu ew • A curfew should be enacted on a Count, basis. Children under the age of 16 should be at home by midnight, unless accompanied by a responsible adult (parent, guardian). • The parent or guardian of a juvenile violating the curfew would be ticketed by the local ]aw enforcement officer. • A central facility must be established to take curfew violators to wait for their parents to . pick them up. • Parents are to be held accountable for their child through a (misdemeanor) civil penalty and could include community service after repeated violations. Recreation We believe there is a lack of activities for young people. We, therefore, recommend _ ~ more activities be offered to children in their neighborhoods. All neighborhoods need to -have planned supervised activities. Such activities must be accessible in all neighborhoods throughout the County. . • All programs should be structured and monitored by adults. • Parenting skills could be offered to parents while their children are taking part in these activities. • Also, tutoring programs could be offered, as well as job skilUvocational training. Education • Require uniforms for all public school students. • A thorough review of Truancy regulations is needed to determine how we can keep all young people in school when they are to be there. • Drug education should start at earlier age (kindergarten level), and should become part of the .regular school curriculum, continuing through all grade levels. • Character education should be offered to encourage the development of `traditional' values. • Conflict resolution needs to become part of the peer mediation process already in place in the school system. • Establish an alternative education program for long term suspended High School students. Neighborhood Enhancement • Work with Carolina Power and Light to provide better street lighting. • Community Watch efforts need to be encouraged and expanded. `• Encourage support for more community advocacy programs and recognize and reward initiatives to better the community. • Establish an "Adopt-a-Street" or "Adopt-a-Neighborhood" program similar to the State's . "Adopt-a-Highwa}~' campaign. 6 ,i v i .~ 4 • City code enforcement ordinances exist, but a more aggressive effort, with added manpower may help prevent further deterioration of inner city housing. A Countywide minimum housing code should be enacted and enforced. This needs to become a priority. • Neighborhood beautification can lead to pride in our various neighborhoods. Code enforcement and agencies such as Keep America Beautiful could be included in this effort. • Enlist the help and support of institutions of higher education, New Hanover Regional .. Medical Center, the media, volunteer agencies, and the corporate sector in the reduction of crime. The following chart is based on figures compiled from the Semi-Annual Report, Crime in North Carolina - 1997. (NC Dept. of Justice, State Bureau of Investigation) -Murder 1996 1 1997. 6 Robbery 1996 109 1997 136 Agg. Assault 1996 236 1997 175 . -Burglary .1996 716. 1997 653 OUR PROBLEM Burglary 3ted Assault .., 1997 7 a Y t. D f DETAILED SUMMARY . In assembling our information, we invited a number of law enforcement officials and others, to present their ideas for crime reduction: New Hanover County Sheriff Joe McQueen; New Hanover County District Attorney John Carriker; District Court Judge Rebecca Blackmore; Wilmington Police Chief John Cease; Mr. Tom Pollard, Wilmington City Attorney; Mr. Kenny House, Coastal Horizons Center; James, Drug Court participant; Joanne Marr, Day Sentencing Center. They presented us with very valuable insight. We wish to thank them for the time and effort they gave to the task force. STRUCTURED SENTENCING . We recognize changes were made in January, 1998, in the State's Structured Sentencing guidelines. Judges now have more latitude in sentencing drug traffickers to jail or prison, rather than relying solely on the sentencing grid. Local government, law enforcement and the judiciary need to continue to monitor Structured Sentencing and seek adjustments as necessary. CURFEWS ~ A curfew `~vouki be a step in the right direction." -Sheriff Joe McQueen. ~ Curfews are catching on azound the country as leaders search for new tools to combat . growing juvenile crime. Proponents say curfews help parents better manage their children and give police a reason to stop youths they suspect. of selling drugs or breaking the law. But critics believe curfews violate constitutional rights and are unnecessary because most juvenile crimes happen during the day. Some statistics show most juvenile crime occurs between the hours of 2:00 p.m., and 5:00 p.m., the hours during which teenagers are, least likely to be under adult supervision. In their discussions with guest speakers, task force members were urged to consider recommending aCounty-wide curfew. for teenagers. However, any curfew requirement would need to hold parents accountable for the child's actions. A curfew would also give the recently formed Gang Task Force more leverage. A curfew, if enacted, must provide a centralized drop off site for offenders, rather than .having individual officers spend large amounts of time taking care of curfew breakers.. RECOMMENDATIONS _ Cu ew . • A curfew should be enacted on a County-wide basis. Children under the age of 16 should be at home by midnight, unless accompanied by a responsible adult (parent, guardian). • The parent or guazdian of a juvenile violating the curfew would be ticketed by the local law enforcement officer. • A central facility must be established to take curfew violators to wait for their parents to pick them up. • Parents are to be held accountable for their child through a (misdemeanor) civil penalty and could include community service after repeated violations. 8 a 1 ` ~ 3 t ~ ~ .. 0 THE DRUG PROBLEM `The country has had a `romantic dance' with addiction. In the 1880's half the population was addicted to either cocaine or opiates."-Kenny House, Coastal Horizons Drug Counselor. Local law enforcement officials say up to 80% of all crimes committed are drug related.. Sheriff McQueen told the group that while law enforcement focuses on the big time drug dealers,. small time dealers are realizing large profits by traveling to New York and elsewhere, and.. bringing the drugs back home to resell. Small time dealers then become bigger dealers. The resurgence in the use of heroin was also discussed. Sheriff McQueen stated the . trafficking route for heroin is a highway route from Mexico to Texas to Wilmington. Drug. _ ~ convictions are roughly 98% due to video and audio recording of undercover drug buys. Burglary and' larceny convictions are in the 70% range. Sheriff McQueen says he's noticed _ more drug trafficking is happening at the airport .and with rental cars. Sheriff McQueen is going to contact the airport director to determine if the airport would like a drug K-9 to randomly patrol the airport terminal as in larger cities. . Mr. Kenny House of Coastal Horizons spoke to the group on drug use and addiction as it relates to the crime problem. Mr. House said alcohol use is a greater cause of crime than other drugs. However, it is Mr. House's conclusion that alcohol use, is tolerated by the community, largely because of the industry's sponsorships of large, public activities. Four out ` of five cocaine relapses are predicated on alcohol use. Alcohol is a very powerful indicator of . - other drug use and a powerful indicator for crime. Rarely do police respond to violence where alcohol is not involved. Mr. House talked about heroin addicts being very docile. They tend to bother the - community only when the heroin supply runs low. There are over 80 heroin addicts in treatment at Coastal Horizons, 75% of whom, you would not easily identify as a heroin addict. Funding for Coastal Horizons and it's Methadone therapy clinic comes from a state and local match. 60% of the clients are referred. through the justice system. 40% of the addicts come in for treatment on their own. Methadone, which stabilizes-and weans the addict; is an extreme therapy that is effective only for heroin addiction. Mr. House explained the country has had a "romantic dance" with drug addiction. In the 1880's half the population was addicted to either cocaine or opiates. Addiction tends to be a family illness rooted in genetics and cultural behavior. Not all children of alcoholics or drug .addicts have the same problem. Mr. House talked briefly about the "MAJORS" planning grant received through the Governor's Crime Commission and NC Department of Health and Human Services. This will allow for planning of a program targeting youth at risk of going to state training school. Coastal Horizons has 225 patients in treatment including adults and teens. The organization -could treat 50 to 75 more youth if the MAJORS grant is approved. Some addicts, he said, get well without treatment programs. One problem is the lack of programs dealing with under- insured and uninsured drug users. There needs to be a residential program working with youth and those in early stages of addiction. The area seems to be lacking in affordable residential treatment programs. One program in particular was looked at by the Task Force. TROSHA of Durham, an intensive 9 a e f residential treatment program, has a long waiting list. To impact the 17 to 25 age group, the ` community needs to support the creation of residential and social treatment facilities. In addition, the local area is starved for programs that specifically tazget youth and women. RECOMMENDATIONS • Drug education needs to start at an earlier age (Kindergarten level) .and should become part. of the regular school curriculum, continuing through all grade levels. i . ~ Treatment should be available regazdless of insurance or the ability to pay. DRUG COURT "Young people need to feel good about themselves. They need involvement and to feel good about their talents". - James, a Drug Court participant Judge Rebecca Blackmore discussed he origins of Drug Court. The program started here May 1, 1997 and is supported by an $80,000 federal grant. Funding ends in September 1998. Drug Courts in other azeas of the State are funded through the North Cazolina Legislature. To enter the program, the defendant must plead guilty to a current criminal charge, . and be a drug addict with a strong desire to recover. Relapses may occur as Drug Court - participants work to overcome their addictions. Sorne may not complete the program, and as a result, enter the prison system. -Drug court is limited to 30 participants due to funding, space, and time involved. The. program is less than one yeaz old, so no success rate can be shown as of this date. Judge '. Blackmore requested the task force ask the Legislature to fund the local program. "James" is a participant in his mid-40's who started using alcohol and drugs at 17. He was in and out of trouble with the law until 1980, when he re-entered UNCW and graduated ..with a computer science degree. He became successful in his career, which later helped support a return to cocaine. "James" was re-azrested last July and has been in the program for 8 months and now is updating his computer skills at Cape Feaz Community College. "James" - said the community needs more options for treatment. "Young people need to feel good about themselves. They need involvement and to feel good about their talents." RECOMMENDATION • ~ Urge local elected officials to encourage State legislators to include New Hanover County's Drug Court to be funded by the State. COMMUNITYBUSINESS SUPPORT AND COOPERATION `The commitment to fighting crime needs to be local, and not dependent on Raleigh or Washington." -John Cease, Chief of Police, Wilmington What can the community do to assist in anti-crime efforts? The sheriff and police chief's responses were support and cooperation from the community. ' 10 e e e 0 The community needs to become more involved if any difference in the crime rate is to be made. Volunteerism needs to be promoted. The commitment to fighting crime needs to be local, and not dependent on Raleigh or Washington. Currently, there are a number of ' neighborhood based efforts underway to address the crime problem. The group "Fight Crime Now" recently made recommendations to the Wilmington City Council - The Task Force feels greater involvement is needed from higher education institutions, New Hanover Regional Medical Center, the media and the corporate sector. Local anti-crime ,. efforts must be able to tap into these valuable resources. RECOMMENDATIONS • Work with Carolina. Power and Light to provide better street lighting, especially in high crime areas. • Community Watch efforts need to be encouraged and expanded. • Neighborhood beautification can lead to pride in our various neighborhoods. Code enforcement and agencies such as Keep America Beautiful could be included in this effort. • Enlist. the help and support of institutions of higher education, New Hanover Regional Medical Center, the media, volunteer agencies, and the corporate sector in the reduction of crime. The Lack of street lighting may be a cause of some trouble. Carolina Power and Light will be contacted for information on how CPBr,I, and local government might be able to improve lighting. The need for beautification projects was also mentioned as needed. Residents will care more if they live in a clean community. TECHNOLOGY District Attorney John Carriker addressed the group on the needs of the judicial system. He has been appointed by the NC Chief Justice to serve on the C-JIN (Criminal Justice Information Network) governing board, which is studying ways to improve the court system. Due to the growth in the District Attorney's office (from 12 employees in 1982, to 29 employees including 14 assistant DA's currently), and the numbers of cases handled (4,000 cases/year in Superior Court and 35,000 misdemeanors in District Court) the need for increased use of technology is of growing importance. Mr. Carriker said the community must make a major investment, in terms of law enforcement, training, and technology. 0 V f RECOMMENDATIONS • _ Improve technology between Courts, enforcement agencies, District Attorney. An interfaced computer network needs to be procured and installed. r • Establish a local crime ]ab to do drug analysis, tool mark identification and firearm identification. Sending evidence to State or FBI labs is time consuming. Such lab could handle cases for the Fifth Judicial District (New Hanover and Pender Counties). • A Mobile jail would free up officers from having to transport suspects to the nearest Magistrate. • Procure a computerized fingerprint workstation. EDUCATION `The cure for crime is not in the electric chair, but in the high chair." -John Canker, District Attorney, Sm Judicial District. . The most effective way to deal with crime is through prevention. PATHWAYS, operated through the Community Boys' and Girls' Club, is funded through the Governor's Crime Commission, and targets long term suspended middle school students, who may otherwise find trouble on the streets after being expelled from school However, a similar program for long term suspended High School students does not exist. When these students are expelled, or receive long term suspension, the only alternative is for private schooling, which for many parents, is unaffordable. The District Attorney also urged promotion of programs such as Big Buddy which has 131 children on a waiting list, and CATS (Community Alternatives to Suspension) for short-tenor suspended students from New Hanover High School The Task Force recognizes the change in the family unit structure; divorce, more single parents, teenage parents. The community needs to recognize the changes and provide for more after school opportunities for children of working parents and single parent households. The public school curriculum, beginning in the kindergarten yeaz, should include drug prevention education, ethics and values training, and conflict resolution. All grade levels should continue to target these areas. Even though we would like to think schools are not where these topics are to be taught, the community must face these issues head on. Schools must take on this responsibility' if we are to have an impact on the long term crime rates in our community. RECOMMENDATIONS Education • Require uniforms for all public school students. • A thorough review of Truancy regulations is needed to determine how we can keep all young people in school when they are to be there. - • Drug education should start at eazlier age (kindergarten level), and should become part of the regular school curriculum, continuing through all grade levels. 12 • Character education should be offered to encourage the development of `traditional' values. • Conflict resolution needs to become part of the peer mediation process already in place in .~ ~ the school system. • Establish an alternative education program for long term suspended High School students., '- The group expressed interest in finding out possible sources of grant money or'other funding for summer youth programs. Recreation We believe there is a lack of activities for young people. We, therefore, recommend • more activities be offered to children in their neighborhoods. All neighborhoods need to . have planned supervised activities. Such activities must be accessible in all neighborhoods throughout the County. • All programs should be structured and monitored by adults. • Parenting skills could be offered to parents while their children are taking part in these activities. • Also, tutoring programs could be offered, as well as job skilUvocational training. FUNDING "If we don't make a significant turnaround in the drug trade, the effects will be felt in tourism, movies, and housing sales." -Wilmington Police Chief, John Cease. Wilmington Police Chief John Cease commented on the need for more funding. One idea he proposes is a county-wide public safety tax, dedicated solely~to funding various law enforcement and judicial programs. As we met with various local law enforcement officials, we concluded that criminal activity has an economic impact on the community. As Chief Cease noted, crime, in particular the drug trade, will have an impact on the numbers of businesses looking to relocate to our .area, the tourism trade, and our overall quality of life. We realize these recommendations will carry a certain cost. But, we wish to point out that the costs of housing the adult and juvenile jail populations also carry a high cost. Discussion was also held on an upcoming proposal by County Commissioners and municipalities to support a statewide resolution on a local option sales tax. The group discussed whether to recommend a portion of the estimated $17.5 million to be raised by the one cent sales tax could be used for anti-crime efforts. RECONIlVIENDATIONS '' + Investigate all available Federal and State grant sources. • :Involve corporate sponsorship of projects including public service announcements, after school activities. • Enjoin the support from all local governmental bodies. • Encourage the use of volunteers to offset funding needs. 13 c s X 1 .~ . !A y , S ,. .Y _ - n _ ~, i v r~ ; Y ' *, ~', ,~ .. ., _ .. ~- _, :. : ..~. e .. .. <~ -~, _ ,, _. f ,, , . ,. e ~ ,, i . . .., - - .. ~ ~ .. . , ~,: _. .. .. - - i. .., r .' ~ ~ - --. ~ .. t .. • ._ t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 A 1 t~1EET[i\G OF TE{E ~ti':~TER A\D SE«'ER DISTRICT NE~V HA:\'OVER COUNTY BO:~RD OF CO:`I:~IISS[O:\CRS Z-3 NORTEI TEfiRD STREET, ROO:~i ITEt~iS OE BUS[t\ESS I. Non-agenda items (limit three minutes) ?• .Approval of Minutes ~. Presentation of proposed Cape Fear Utilities Cona-e~•ance by Ken Shanlain and Doug Duncan, attorneys for Cape Fear Utilities ~ Approval of construction of Brandv«~ine Se«~er S}'stem Chan~cr Order Number one to Contract X97-036?f~, T.:~. Loving, Inc. 6 Approval of Contract R9S-0~7; for Antenna Space North Chase Water Tanl:' Telespectrum, Inc. Adjourn 61 I'~~GE t1 O. Gl 63 6~ 67 69 Tlris pab e i~itc~rtio~rcrlly lift bla~rk 62 ~IZIS~7C1;L' 1/1tL'iltlOllCllly IC'fl blank ~~~- y C J 1.~, ~~~~~. ~~ ~~°~~ , . ~~ ~~~ ~~-~~ ~u~ Tltis pale ifztentioirally left blatrk -..._.._...4.~ . :~~` e a~ ~p~+ p~'~7 ~d~ ppi p~eppj~~,, .? 6 6 i , . ~ `~.~: ~~~~ ., . ,.. - ~ , t 1 1 1 1 1 1 1 1 1 1 1 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/01/98 Water ~ Sewer Item #: 4 Estimated Time: Department: Water & Sewer District Presenter: Wyatt E. Blanchard Contact: Wyatt E. Blanchard SUBJECT: Construction of Brandywine Sewer System Change Ordsr~Number One to Contract #97-0362A T.A. Loving, Inc. BRIEF SUMMARY: At the October 7, 1996 County Commissioners meeting, staff was instructed to prepare plans and obtain a permit for construction of the Brandywine sewer system. V~Ith the permit in hand, we obtained quotes from two (2) contractors, presently under contract with the District, for construction of the system. We feel this will save time and money. The quotes are: T.A. Loving 5 157,400.00 State Utilities - S 185,980.00 The money allocated for this project was S 200,000. RECOMMENDED MOTION AND REQUESTED ACTIONS: I recommend that Change Order Number One to T. A. Loving be approved in the amount of S157,400.00 for the construction of the Brandywine sewer with authorization for the Chairman to execute the change order. . . FUNDING SOURCE• Funding was set up at the October 7, 1996 meeting, Budget Amendment 97-10. ATTACHMENTS: Change Order Number One REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S C ENTS AND RECOMMENDATIONS: Recommend appro al. COMMISSIONERS' AC 10 S/COMMENTS: ' COUNTY CQMM1i0N~ ' APPROVED [~$° ~ , REJECTED Q - REMOV~D p ~:,~ POSTPONE't~ Q ,,.,:,~~ 6 7 ,. HEARD ~~7 W DATE ~~! ly~.~~ ~ ~ ._ CHANGcORDER NEW HANOVER COUNTY NUNI6ER : One (I ) - CONTRACT m : 9i -0362 CONTRACTOR : T. ~. Loving ARCH./ENG. ~_ ~+ec,r ;ianover Counc~. L "•~°~•~' '~ uuec;ee to make the fcllcwin5 chances in ,his Contract / Descripticn Brandywine Prase II Sewer Construction Base Bid, includin3 de~~aterinB asphalt replacement Drive~~ay pine (material only plus 3;) 110,400.00 ~ 9,000.OG ~ 3,000.GO TOTAL COST_ ? 13 7 , 400: 00 Cr?IG~NAL CONTRACT SU'.1: N..~ CHANGE 3Y ?REVICUS CHANGc ORCE.RS No. 00 co ,vo_ 00 THE CONTRACT SUM PRIOR TO THIS C7-IANGc ORDER WAS T"= CONTP,ACT SU'.t WILL 9c (INCR= ` ~~S`D'~Y~r"'"~~•"i3<~ 3Y THIS C~-!ANGc CRDER; T; ::_ NE'N CONTRACT SUM INCLUDING THIS CI-iANGc ORDER 'rJl!.t_ 9E. ~. E CONTRACT rl,nE wILL 3E~S:.V,:..~•;,;;,~'-. ' ^= DATE OF SU9STANTIAL COtitPLETION THERE=ORE IS ECCLiMENCED ;RCHITEC T/ENGINEER ~LrN H.a.VOVr.~ 000~1TY ACCE?TEJ: CONTRACTOR T. a. LOVI`G 9..T-~-- -_~ _ ~_ ~I_ APP.ROVE~ e. N~~J HANOV _R COUNTY. -f.T__._~___~ ' ^~~ Jr.aC~ FOR COUNT ' 3?PROVED AS TO rORM :OUYi Y ATTORNEY 'HIS INSTRUMENT HAS BcEN ?RE•AUOiED I I THE 1,tANNErZ REQUIRED BY THE LO AL I. OVERNMENT A~~:.AL CONTROL A !may CONTINGENCY ACCOUNT z ~ ~~ .;`°M~.~ BA~ `C~ PRIOR TO THIS CHANGE ORDER ; ~] ~~~{ . .rt~erp~1. ALIOUNTiQr THIS CHANGc ORDER : ~:~'~y a ~~~~ ~CONTWGcNCY ACCOUNT BALANCE -- ~uH~ 870-470-8200-6000 5 241,000.00 ~ 17,400.00 r. $ 83,600.00 NANCE DIRECTOR ~ _ _ CHANGE ORDER PERCENTAG'c POR THIS CONTRACT : I O ~/ Q t 5 1,67S,32~.00 5 -- _ -0- 5 1,5i8,32~.00 S --- 1 ~-~ ,.100.00_ -- - 5_1._~S~ ~ ~. L2 J . 00 _ _ _ ..+: a ., _ ~a • NEW HANOVER COUNTY BOARD. OF COMMISSfONERS REQUEST FOR BOARD ACTION Meeting Date: 06/01/98 Water & Sewer Item #: 5 Estimated Time: Department: Water & Sewer District Presenter: Wyatt E. Blanchard ' Contact: Wyatt E. Blanchard SUBJECT: 1 Contract #98-0373 for Antenna Space North Chase Water Tank Telespectrum, Inc. BRIEF SUMMARY: Attached is the agenda item from the May 18, 1998 meeting. The negotiations with Telespectrum, Inc. are still underway.. Material, contracts, etc. will be forwarded to you as quickly as possible. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommendations will follow. FUNDING SOURCE• No funding. ATTACHMENTS: • Draft contract. REVIEWED BY: • LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMME ND RECOMMENDATIONS: ' Recommendations will foil COMMISSIONERS' ACTIONS/ MENTS: . Postponed • r •. r = ~ •. ~~ APPROVED [~'' ~~' REJECTED O "r ~~ REMOVED ~• O POSTPONED O ~~ ; HEARD , DATE ~~ ~-- • ' NEW HANOVER COUNTY BOARD OF COMMISSIONERS `.:::: J ~ REQUEST FOR BOARD ACTION Meeting Date: 05/18/98 Water ~ Sewer Item #: 11 Estimated Time: Department: Water 8 Sewer District Presenter: V~ratt E. Blanchard Contact: Wyatt E Blanchard I. ..-~ ~: SUBJECT: Contract #98-0373 for Antenna Space North Chase Water Tank Telespectrum, lnc. BRIEF SUMMARY: Attached is a proposed agreement with Telespectrum, Inc. for leasing space on the Norh Chase water tank for antennas. The term of this contract is hventy (20) years with the right to renew for Ttvo additional five (5) year terms. The proposed rent for the first five year term would be 5500.00 per month. Beginning with the sixth year of the term and every fifth year thereafter, the then current monthly rental fee shall be adjusted based on the Consumer Price Index (CPI). The monthly rate adjustment cannot exceed 15% of the monthly rent established for the previous rent term. As indicated, this company is not o`fering as much as Tr'ron for space on the to~rrer. RECOMMENDED P.10TION AND REQUESTED ACTIONS: I recommend that Lye Commissioners consider the Telespectrum proposal in light of the Board's decision on the previous Triton agenda item. FUNDING SOURCE- No funding. ATTACHI'~1ENTS: Draft contract. REVIEV'!ED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUt`f1AN RESOURCES: N/A COUNTY MANAGER'S-COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COP.1t'AENTS: ~~ ~ .. ~a ~T~ V YV (] ~~~~' d ~js ~v'~~1~,~~ 7 0 o c~~k~~~ ~ ~~~~ ~`~A® 161 OPTIC'N A.~ TATF.R T~'~.-C ~,TT~C-~L~IT r ^a SD ~.1~ =• =-,,`-~T t This Option and Water Tank Attachment Lease .4gree.,:ent (the Agreement] is made this day of 19 ,. by and between N~'r7 ~;~~ Cp~-v ~ ~~ & S~.•7.~ DISZ~T_CT, having an address of 414 Chestnut Street, Wilmington, NC 23401(Lessor)a.~d TELc,SPECZ~L7M, INC. having an office at c/o 360° Co ~1, lcations CO~any, 8725 Higgins Road, Chicago, Illinois, 60631.-2702 .(Lessee)... ' 1- Tt-s Lotion. (~) ror the sum of FIVI:r_TND~.p DOLLARS ?ND NO Civ'I'S ($500.00) (the G`otion ~'ee) , to be paid to Lessor by Lessee upon e:tecution of this ~rree_ment znd other good and ' valuable consideration, Lessor hereby grants to Lessee the e.{elusive and irrevocable option for 180 days frer:~ the dats hereoF. through and including Initial Option 19 (~°- pe= i od) , to lease the pre., ~ ses ~' on the te_;zs and conditions set forth below (the Cp ion) .telThe tine, during whic:-1 the Cpticn may ~ e;tercised ,:.ay be extended for zn additional 130 da ys upon w:'Stten, rotiflcation to Lessor by Lessee accor~a..-: i ed by the payment of an adder tonal FIVS F:L'ND~.D DOLI.A.RS r'ND r!O C~ i S Fee) , delivered (5500.00} (the rd~+: tionzl Cption to Lessor prior to the end of the IZitlal Gbtio.^. Pericd . (b) In the event the r~'dltlcnal Option tee is not pa+d and/or wcitten notice not dzlive~ed b sz:;te, y the c'~.:e date for the then 'the Cption sha11 teL•Lirate znci this rte=ems:-;ant sha11 to-.,' ate and Lessor sha.Il be entitled to r..cain all • ` + ' paid sus prev_ously as fu11 pa~,,;•ent for th'e Option granted here~.:.-:der. However, if Lessor accepts an ~ ; and/or w Y ''ditional Gbt_on Fee, Rent ritten notice after the due date for the sa.*;•,e, ' Lessee's default wi11 be dee_;`d then waived and this ~P~ree_;~nt sha11 be reinstated. Upon Lessee's exercise of the Option, the .lease z9r°°.ment (the Lease) which follows sha11 take effect. (~).In the event Lessob fa' ils to perfo_:,i its obligations un~-'er this Agree•.t.~zt for any reason other than Lessee's ore ' Lessee ma f Pursue .all re'nedles available _ aci1, Lessor hereb ack.-1ow+ at law and In ecn~i ty. Y edges that Lessee will incur significant e=tpenses in reliance on this A PaY Lease._. gree.:,ent. and therefore zgr~es„ to ° for all consecsuential da.T.ages :.,;11th Lessee w111 suffer as a result of Lessor's breach. 2• Pry,-Wises. Upon Lessee's e:{ercise of the Cptlon, .Lessor .162 ~ 71 le;al\ce;oc~ltwecSs~.e~1 ~~ite: nuccayzvltl• ... Oac~pceparea: nay 1, 117a ' ~. ._ . , c ~"~.~ ~ '.::./ -t- hereby le=ses to Lessee and Lessee hereby leases from Lessor, by this Agree..-lent, antenna attac.`unent rights on the ISO foot grater tank and property located at 'New Hanover Count ~ Wilmington, Y, North Carolina (the ~re_^lises) , as -more particularly described in exhibit A attached hereto. The Pr'e:nises shall include the followi_nq: (a) The right to attac.`l, operate, r~~intain and replace: 2 whip antennas, and six (6) oar:el antennas on the water tank o.,med by Lessor located 34 ° 17' S2" North Latitude and 77° 52' 06" rNast Longitude, commonly referred to as North Chase Wate_ Towar; a.~:d (b) A 20 foot 'x 35 foot parcel o` land located acj acent to the Flater Ta.Rk on c.-;iic:Z Lessee cav place a 12' x 28' equio;r~nt shelter a.Zd such of er structures as Lessee dete_:,tines are necessary (collec~ively the ,.Structures"). The Structures are hereby declared the personal property of Lessee, c.~ich shat! be -a re_TOVe.. at the termination of this A.gree_^ent . , f.~, The °rermises are leased for o , ~- :~ the e.ror_ss o~.roose of .,~;; constructi;.g and oce_zti nq a teleco.--•_;.ni catic:a facility. 3• Te--'-~- The te_-;,t of th~s ase s:~a__. b_ _ . = La ~ ~ a for a ~ar~od of ~..-_.-1' ,=~; ten f? Ol ~ years, coca: ;encing on t e date set fo~`h .. I i -~ written notice fiom Lessee to Lessor ---,o.,-- o (the Cc.._.._..`z^_nt Date) . Lessor grants to Lessee the right to renew ~~;-;is Lease fog . -„ _~ I '-' `our (41 additional te..-~*2s of five (S) ye~_s each on the sa:;~ to ~, and conditions as are herein stated e cept that rent shall be adjusted as provided below. In order to e:<ercisa this renewal option, Lessee shall deliver to Lessor ~+ritten notice of Lessee's intent to renew this Lease not less than ninety (90} days prior to the expiration of the then-current Lease term. The initial term and all renewal ter-:s are referred to herein as the Terra. `~ • Resit. The rent for the first five years of the Tern shall be FIVE H-UND~,D DOLLA.~S P.~,ID ~~O Cu~1TS (5500.00) per month, paid r'-onthly in advance, which Lessee shall pay to Lessor at such. place as Lessor shalldesignate to Lessee in writing. Zf the Term does not begin on the first day or end on the last day rrultiDlnth, the rent for that partial conth shall be prorated by _ Yinq the monthly rent by a fraction, the rur^.erator of which is the number of days of the partial r.;onth included in the 72 .Stu Mu ccayavill• Dat• pr•pa raft Hay 1, 1991 163 ~ . -. .. ~ .. -3- , Tern and the denominator of which. is the total number of days 1n. ", " ., . , . the fu11 calendar month . . . ,~ _ .. ' Beginning with "the .sixth. year of the Tern~and -every fifth ' ', year. thereafter.,. ,the then current monthly rental fee shall be ` 'ad•usted b Y• q ' e. J y multi~l in it by ..the change in the Cons~:~~ •o Incce:c {CPI) for ..the ~ ri`ce isrnediatzly ~ preceding .Tei-:n for which the .., gent- has re:n3lned constant , ~~ ~ Not:•rithstan ~ (Previous Rent Te~••~:i} _ . cLnq the foregoing, in no event shall ,the " ir:c~ ease in ' .~ " rrnrtthly rent for . ~n ad "ustme_zt oer~ . X• J _ ,od exceed l5~ of the rionthly. re.*it established for. the Previous ~e_n.t Term. ror pur^~oses of ~~ . cal cu i aton t ~ _~ . he C,. I used shall ,be the Consu.~er . P=ice` Index-U: S . ` C1ty'~:verages for Urban Wa ~~ qe Earn~._s and C1~riceL '~'o~ °rs, All Ite~rs. (1932-34=100} published b ;" Labor. Y 'the" United S".rates Depart:rent of Bure= ~ ' . •., ~u o.. Labor Statistics. ' ,, .5, In~'•ess;• Eck-ess and Utiiit,~ ~' - ~ Lessor hereo '' License '~e3 Y qra-its to Lessee - - _`-_ a richt of ~.rav I " `- .for" ingress,. eqr,-ess, regress and utilities over prope~~r of • .. ~ • Lessor •adjace;-it to the Pr°.~.z.ses. for censtn:c-t~.on znd n.~,ntz.,~ce ~. _ • of the S.t ~:ctu'res cn - the Pre:^.ises, for. the installation, • construction a_~d riiantena.~ce of ur:de.. ,~ ~ . ` • .tele~hor;e ''q-oe.._d and above •~our. wJy tel"egrach, and pow~°r lines ;n cornect'icn .wZ~- q_ ~ h its. use -J.~ of the ~ra'nises, and for access to A ar f-.~ ~y th_ e:.._ses fro^: .a pudic _ ~ road . .(th ~ - -- - '_-_.---ricens-=n'"~a) - The tee of .this Lice^se roe ~-~= --- ~o~ To^ e P-- _.- shall co.,-:ezce u_aon the Ce..~, `..ce..~..; --Date of .this ~ ' •~ Lzase" and shill continue unt11 the.. '(i) e~iration F last tb occur of ' ~. of .the Lease Te ~, or . (ii } rz;.oval by Lass'~e ' of " •" all oz its prooert ~ . y ~ro:a the Pre_:uses a.ftec e=~iraticZ of •~ the Lease .Te .,. .The locztlon z..*~d conficuration of "the.. -- ' .I--icense A_ro -___..---- _a shall be agreed upon by. the parties not later .than j ten {10} business da after ' Ys. LessP~ A F .' sha11 be included in aii o ",s e.cercise of the Cot ~ on" and :. y r_corded M.=norand~.~ of this F~re~*nent . ' In addition,' at Lessee's ~ ~ • ' License P regLes~ and- e:cpe.^.se, , .this ~..os~=~=~= Rr_a sha11 be set Forth in. a~ separate P A~Agre~rnent _ __ _...---- , • --,~_~'~ - License ` which Lessor and Lessee a roo ' ` .~:zich Lessee shall have *- g--- to" execute and prooe~t ..ecorded as anJ enct;,:,b~ance on the, Y of Lessor acid binding upon all ~ subseruent~ .owners,.. - successors, and assigns. , ~" - . , ~ •• 6: 'Tit1o and (iii©t .Possession. - - " ' covenants that Lessor- owns the o_P Lessor repres"eats and ,r the .License - . ~.-wises and proPe=tY subject . to P.rea "as`..__.= in fee s ' , le free aims, enc~:rr•5rances 1~. and clew of all ~" and restrictions of eve`y kind and nature,, except for those- whi~,h currently aoaear. in the c.`~ain. of title - ~' . . . .. 64 ~ ` - I~ga1\t•fory,co,,.c1...95 :. ~; • .L., ~~zraY~.ili. 73 .. qac• prapa ioa~ ,naY '1. 2~fi - .. I .. s .. `. -4 - and are reported as exceptions on the corrnit:~,ent for title insurance which Lessee Tray obtain. As a condition to Lessee's obligations hereunder Lessor will, within ten (10) business days of Lessee's notice of its intent to exercise the Cption, e=cec~te and obtain from the holder of any lien an Attorr-Went a.*~d Nondi-sturbance Agreement or a Subordination Agree_:.ent in fora acceptable to Lessee. Lessor represents and warrants to Lessee that Lessor has the full right to make this P.gre~^ent a.~id that Lesse° shall have quiet and peaceful possession of the Premises Ord =-~== Lscense A_rv` throughout the cgree::~nt Tartu. I 7. Subordination, Attorr-:~rt, and Nan d?s~5a.^w,e. Lessee agrees that, if requested by Lzssor, this _~~=eem~-~- shall ba s~j°ect and subordinate to any r.»rtgages or deeds of trust now or hereafter placed upon the Pr°_,'~,i ses and to .all rodiflcatlons thereto, and to all ores=_.^,t and future adva.-:ces r;ade with respect to any such mortgage or deed of trust; provided •that, Lessee's possession of the Pre_m: ses sha~.1 not Vie. disturbed so long as Lessee. shall continue to perfo.--:n ins duties a.^.d obligations under ~ this F,grea:rent and Lessa~'s obligation to perform such duties and obligations shall rot be in z-~y :Jay increased or its rights d{^,ir±s:-:ed . by the. orov.sons of this r pa_agraon- Lessee ..agrees to atto~ to the :ortgagea, trustees, or be_zeficiary u.~der azy such c:.ort a or dee of g ge d trust, znd to the purchaser i n a sale pursual-:t co the foreclosu~~ thereof; provided that, Lessee's possession of the Preraiszs-shall not be disturbed so long as Lesse° shall continue to perfo ^~ its tulles .and obligations under this AgreJ.~:ent. Lessee's obligations hereu:-~der are conditioned upon receipt by Lessee, within ten (10) business days of Lessee's notice of its inte.-~l to exercise the Optlon, or within ten (10) business days of the date of creation of any future r,.ortgages or deeds of trust, of an Attoru, ent acid r7ondistur~ance Agreeir:ent in for;,1 reasonably acceptable to Lessee, e:cecuted and acknowledged by Lessor and the holder of a mortgage or -deed of trust to ~;-iich this Agree.,lent is, or shall become, subordinate . B • Gove=-:unental ADnrovals and Cor;~lia^,ce GUrLng applicable t_~:e 1 aws penalty -. _ to Lessor or forfeiture o ~ lch :.ugh result in of Lesso ' a.-~y Premises. Lessee shall obtain r s tltle to the license any necessary governme ntal s or authorizations required for the ccnstn:ction and use 4 7 16~ 1°4~1,r.:bcm,cr.c1...991 .lt.t N~ccayv..i21. c,:. ra ~c.a: M~ a P 7 y 1, 199 . Ter.-n' of this Lease, Lessee shall cor:~ly with all affecting the Premises the breach f fi' _ . . S- .. of the Structures on the Presn± ses and shall %' comply with government regulations applicable to its operations, .including those of the FAA and FCC. ~ ' 9. Assi~nt and Sublea4irq Lessee may not sublet the Premises in whole or in part without Lessor's consent, which shall not be tlnre~sonzbl dela ed withheld or condo the ricking of any such sublease shall not release. Lessee from any of Lessee's obligations hereunder. Lessee shall not assign or transfer this Agre`es`-~t~ or -any interest herein, without the ' prior written consent of Lessor which shall not be unreasonably withheld, delayed or c~rditioned, and a consent to a_-1 assignrlent shall not be dees~d to be a conse.^. assi , A. t to a_Zy subsequent ~-nt• .Lessee is e:cpressly pzznitted to assign its rights and responsibilities under this ~.greecent si.thout obtaini.^.5 Lessor's consent to 360° Co ,., ications Company, ' i.ts successors in interes°t, assig;LS or any affiliate thereof. ' 10. Notices. All notices, demands approvals remrests, consents, and other instru:,~nts recruirzr± or pe_-:listed to be -given pursuant to this ~~reer:ent shall ba in crr_ting, signed by the notifying party, or officer, a o o, -notifying part o o,a g_zt or zttorr._f of the ---=- - Y. and shall be de T _ to have be _Z e~fect_ve Lpcn ~~• ~~ delivery if served personall ~~ `~~' y, ~c1ud' g but not li:lited to delivery by rnesseng~r, overnight courier service or by ove~ight e:dress mall, or ucon posting if sent by registered or certified mail, postage prepaid, return receipt 'recueste-r+, a.*~d addressed as follows: - . ' ' To Lessor: Nou F'-a.-lovn: Coun~1r ~Tater. Ec Sc-we~ Di~~ :-i,c-~- 414 Chestnut Streit. Wilriingt on, NC 28 4 O 1 ~ Attn: Wyatt Blanchard I To Lessee: ' With a copy to: ~' (Local Counsel) . ass. logal\c. torm~cw.rl...o95 'I'E.LES~ECTRLM, L'r'C _. c/o 360° C~unications Conpaay 8725 Higgins Road Chicago, Illinois 60631-2702 Attn: Senior-Vice President-Engineering and Network G`~eratlorLs Mr. Jerome P,. Eatr-~.ari, Jr. , Esq. Lynch, Eatran and T'~iddy, L.L. P.. , . Carolina Place, Suite 19~ .lr.t N~rraywyll. °a:. 7 5 pc.par.dt n,y 2, 1990 .:::.) -o- 2626 Glenwood Avenue Rai eigh, tvC 27 608 The address to which an notice., Y, demrnd, or other ~-rritirq .may be delivered to any party as above provided may be e`~anged by writte.Z notice given by such party as above provided. v J~+. S I1. Lessee Irrorove.•r,ents. Lessee shall have the tight, at its sole e.{pense, to make such i.T,oroveTents to the Prerlises as it may dee.•n necessary for the construction, r^.airtenarce and operation of a telecocrriunications trans„Litter site. Lem shall review an~,+ approve Lessee's ocoooszd desicn fog all attachments to Wa e ~ s ~• t r Tan.<. esso_ s zooroval or said desicn w; l~ be ev±denced by Lessor's initials on Less~~' s desicn d a.~~ res attached heceto as E:ch~ pit B. T`+~ , o ., ,._ Dart' _s ack,.owLedce that Lessee may from time to time ' need to mothv its e~ui oment on the water Tank to adapt to charclnc tech^olocv and lessor aorees that Lessee shall have the richt to r:~ake such modifications '-pith the Lessor's Dri or ~-~ tten approval :•rh; Cz approval shall rot be unre_sonzbiv ,w; t~,r-,oi d de t awed o*_- conditioned. All Lessee's i:rn_ove_;.ents on Ghe ?r=tises, including, but not li_~nited to all Strt:ctures, shall re_T.ain the Property of Lessee. Upon te_^tiration of this p~--oo.-.o ~~ shall, to the e:aent reasonable, restore thz Pre_~Lises~ toeSits condition at the co,,:..ance.,~nt OL th1S h~~?~^„eP.t, e:{CeOt fOr ordinary. wear and tear azd da:;iages by the ele_^t~r.ts or da.~^.zS~s over which Lessee had no control. Lessee z.^.d Lessor agree thzt Lessen s;zall not be rect:ired to remove any improvements w;-tich are Pe~nent in nature, including, but not limited to, foundations, footings, concrete, paving, gravel, vegetation and utilities. 12. Interference:. Lessee shall bz responsible For coordinating and resolving any interference proble.~;ts with existing transmitters or receivers on the Lvatet Tank prior to the co„mencement of this r7reement or any transmitters or receivers that may be existing attach„~nts at any Future date when Lessee desires to add additional trans: titters or receivers to its leased section of the Water Tarl.'<. Lessee shall not be responsible for coordlnatlnq and resolving any lnterFerence problems that may result from Lessor's subsecuent lease of Water Tank attach:, ant space to any other party. Lessor and Lessee both agree to notify the other party ~.;ienever additional transmitters and/or receivers are planned to be added to the Water Tan};. 76 logal\c•;o ~\cw.cl.•.Y9S .lc.i Nurrayavilla Oa ra c. P Pac'Q~ Hay 3, 191• 167 t -7- 13. ODera.tin ~•x:~ense. Le ssee shall fully and promptly pay for all water, gas, heat, light, poi-.er, telephone service, and other public utilities furnished to the Premises and used by ' ~ Lessee throughout the Terre hereof, and for all other costs .and e:tpenses of every kind whatsoever in connection with its use, operation, and maintenance of the Premises and all activities conducted thereon. Lessee shall sunpl_v Its own back-uD Dower , source. 14 . Water Tank Ins~ec`,~on and Cor;.olialzce _ agrees to provide Lessee t~-~ue and correct conies of all analyses of the Water Tank within the last tw (2) years. In the a5sencej thereof,. or if the most recent a.*ralysls is dee_;:ed insufficient by Lessee, Lessor agrees to par.,,it Lessee to co.;,rission a new meter tank analysis, at Lessee's e.<pense. In the event it is dete_*nin~ titer reviewing the most recent Tflater Tan:c analysis that the Water Tank is not structural •- .use, 1y apD_opi-iate for Lessee's , Lessee r.•,av, at its option, either te_„ ~ pate this ? P pursuant to ~ .qre ~ ~t SZC~iOn I8 or arrange for aporopr~ ate r°izForcr-::eels zt Lessee's sole-cost zed a{oense_ - . _ ' _ _ - - .. - _- ~ 1 1 _ _ _ _ _ - .. ~ .. - . - ~ 7 - _ _ _ 1 _ _ - ! ! 1 1 _ _ _ ~ ~ - 7 - _ ~ 1 In the event ' ' _ -, ~ - ~ ~ -_ _.. .Lessor is in non-compliance ,Kith any government regulations `and ' Lessor has Failed to remedy said non-cempliarce .,rithin a reasonable period of time' of being given notice thereof by Lessee, Lessee shall have the right to either to „'nate this Agree-'tent pursuant to Section I8 or .. reme take'appropria~e anion to dy any non-conplianc~-, -+ ~ ..-,, _ r - -^~ -- .. ~c~S61 -rte-~' i _cz53~c~`~3~~ I - ~ For pux~oses of the foregoing, reasonable FPriod of time shall be defined to be twenty-four (24) hours for violations wti1Ch create~a public safety hazard. , . c her_~y consents to ( ) Lessor A Lessee s ins~allation, at 1 ~ .. 68 . ~~ ~ ~~La9aL\e•:oe'e?tiea..el.'•.G95 - .77. ~ J iic.• `KUCraysvil2. Oa c• pcoprr.d: Nay 1, 1911 ' .. - -8- Lessee's sole cost and expense, of any and ~ a.ll equlpr,~.ent reciuired• to remotely monitor the mater Tank For co,;;aliance wit;; government regulations. (d) Lessor hereby agrees to per;ttt Lessee, at Lessee's sole cost and e:{pense, to annumly assess t_`:e condition of the Water Tank, including but not limited to its stn:cturzl integrity ar_d com_Dliance with all applicabie gover.^~ ental regulations. 15_ I~ai.ntenan`e. Lessee s:~al1 r^.aintain the Pre_rnLses in good condition and state of reoa~ r. Lessor shall r.•air,tain t;`~e Water Tank and its property adjzcent to the Prer.LSes in good condition and state of repair to avoid interference with Lessee's use of the Pre^.i ses and .-o `.icense ~ _a. .: ~~ 16. Hold Ha_„ ess . Lessee shall hold Lessor har_nless fron ~`-~ 1-Lability (includ.irg rei:rbu_s~;,ent of reasonable legal fees znd all costs) for da:Tages to znv person or zny property i,-1 or upon the Pre.~ises at Lessee's i::vitation, . u_-:less such dz.'rages are caused by, or are the result of, A ; „- th_ m scondt.~.t or negligence of Lessor or any of Lessor's agents, servants, e.'rployees or licensees. Not%~ithsta.-:dirg any provisio;:s herein to the contrary it is u,^.de~stocd z^.d agreed ' that all property kept,. installed, stor_-d or rainta?.-:=d iz o= ucon the Pre_^lises by Lessee s:-~all be so irstalle-', kept, stn=ed o= rr~^t`ined at risk of Lzss?" the Lessor shall not b~ responsibl? for any loss or dz:-nage to equip;ant owned by Lessee :.;sic h :tight result fron tornadoes, lightning, wind sto_:.s or other F.cts of C-od; __ ~ ~_ _~.._.... ... ...-......_ ~ 1 ~ ~ __._ ~^.. . - _.__ ~.. - 1 ; ~ J^ _ ^_7__ -_~. ... ~..~ .~^_ _... - -~^ F~ ^-' ~ -^ ~ = --~~'-~_ ~y PtoP= ~y In or upon the Pre.~ises arising out of the misconduct or :,egligence of Lessor or any of Lessor's age-its, serva.Zts, er,~loyees or licesees. wither party shall, if requested by the other party, provide the requesting party with evidence o~ liability insurance against damage to person or property. caused by the non-requesting party's activities on the Prises and Lessee shall, if r°quested, adder - a-T~ Lessor to • Lessee' s policies as a.~L "add'_tlonal I insur=d" . I~Jeither Lessor nor Lessee shall in any event be liable for damages for each other's business loss, business interruption, or other consequential damages of ~tlat?vet kind or nature, regardless of the cause of such damages and eac'.-L party, and anyone cla.irting by and throug:t such party, e::pressly wives 78 IoyaL\co;orm\COV•cIa•.a91 •Lt•~ MuctayzvilLa Dat• pc•parodt Hay L. 2991 169a 1 -9- all claims for such damages. 17. La9see~ s P~~o: rangy and Sur~erc'~= _ Lessee shall pay the rent and all other su.*ns recu_ired to be paid by .Lessee hereunder in .the ar,,ounts, at the times, and in the . r,^.a.-Iner herein provided, and shall keep and perform all ter^s and conditions hereof on its part to be kept and perfor;;:ed, and at tl`~e e-`cpiration or sooner te_*riination of this A.gree_~;ent, surrender to Lessor the °re_,tises subject to the other provisions of this P.gree_^lent . 18 . ~, a_ R:.c..` to Tee-:~.:na~. Izssea r,~ay tec-:Lrate ttis A Pgre°_;,_nt, at its... option, after civirg not less t.~al-1 thirty (30) days' notice to Lessor, if: (a) zny gove~rn~e:ltal ac, e_^.c-y d°.^ies a recuest by Lessee for or revokes a pe_~±t, lice__^.se or apocoval which =s' recuired for Lessee to construct or e_oerata a-~Iy telecorr;~l_*i,cations facility on the Pre:^? ses; (b) Lessor has defaulted in its obl i cations I.:^.der Section. 14 regarding gove^~~^.e:lt cocrolia.^.ce; (c) Lessee d?tP~, InoS C:`:a~ L:':Gt°:' S?CttOn ~ Q (a) G~`.~ Wate_ '_'arlk ~s stn:cturally 1naDDrOps' ate fog ` is 1.^.tende''' L'se; - - c E' "'\ J (d) radio _ Lessee dete~., ~ nes t^.at tec~z_cal. =ob1?a o= nterlere a ^ .^,Ce ptoblea from othe- existing nte_ ,.n2.s dat on the T~tater Tank at the lease to~~nce.~:~:;t e or ~+hich from near5y radio tra:-IS-lifting facilities, proble.;s preclud cz-i.*~ot reasonably be corrected, e Lessee fror,I using the Pre:-nlses for its intended purpose; (e) Lessee dete :,~ es that Lessee does not have accepta5le and legally enforceable r,..zans of ingress and, egress to al-Id from the Premises; (~ Ut111ties necessa~-y. for Lessee's use of the Prec;tises are not available to the Pre:-nises; or t (g) The Prernlses are. da:;~aged oc destroyed to an e:ctent which prohibits or r.~aterially interferes Frith Lessee's use of the Pre raises. 70 Iogal\rofora\Lar.r1..,B95 •lt.t MurrayMllo Oa Ca prapa coot Nay I, 1998 79 '~ J ~i -1~- In the event of termination by Lessee pursua.-~t to this provision, Zessee shall be relieved of all further liability ` hereunder, except its obligation to re.T,ove its i~rove_Tents as provided herein_ Any. rental fees paid prior to said,te_*;,tination date shall be retained by Lessor. 19. Birdinq on Successors. The cove.^.ar,ts and conditions contained. herein shall apply to a.^.d bind the heirs, successors, executors, a~inistrators and assigns of the parties hereto. 20. A.c,=ass to Pre.^Lises. In adGition to thz L~.s=~-= =Lice:•2se ?.r°a ranted in Sec`i I en + a°r ~ ~ on S, Lessee a-ld its q_r.__ s, officers, e.Rroloyees, agents and cor.tracto.s shah have `••___ access to the Prz_~ ; Szs ~ -h ~.. du_inC ~.,e ..yreenlent Te^;, I twenty-four l24) hours ce= day, seven (7) d`vs c?r we°~ consistent with Lessor's standard procerty security oollcy. 21 Governi:lq La:+. The parties intend tha'- thi ? s ~ roo °nt and the relationshi p of the parties shill `•? governed by Tthe La*.,rs of ,the State of North Carolina. y f~, t: •.:: ~ ~ 22 . ~-• ~_~~ Sn~.ire ~q<eernent. A11 of the '°_?i°sent~t_CC`s a^•-? Obl~Cy*atiO:15 Of the Ddrti~s a~°_ ~~ ~ i .~.~+ r.~_e i n r' Z^d n0 CC:,~._~%__ _ trodification, waiver or ame.^.c.~ent of this r~.-- - - »TJ!~` or of 'any o. its conditions or provisions shall be bi:-'irg upon a pa=rt unless in writing signed by that pa~~y or ya d~,:ly zutho:ize-' scent of that party e.~owerad by a written a~,:thority sic, ^.~' by that party.. The w-diver by z.;^:r pa_t of a 5_°` Y _°cz o~ an;r provision. of this ?~ree:r:ent shall not op__at_ or be t ar ° c;nStLZed as a ~31Ve: L any s~sequent breach of that provision by the sa:^e party, or of any other provision or. condition of -the ?.g_eewent . • 23. Su_--vev a;•,d Testirq Lessee shall have the riche during the Initial Option Period azd any extension to survey a.^.d Y n'arce an other investigations recessa~f to det°_:nine if the Premises are suitable for operation ofy- Lessee's telecorrnuzications facility. IF Lessee, wi.t:-:in tha above-stated tamer • dete_:, ~ nes that foc any pr suitable reason the e_^,~ses are not this Pgreement, upon w:-itten notice givz_-~ to Lessor, shall become null and• void; provided that at Lessee's sole e~ense the Premises shall be p=or,~tly restored to its condition^. prior to such testing and investigations. 24 - F-i~.ardou3 Wa.3te. Lessor represents and warrants that -- • 80 ~ 171 1oga1\co; oca\cov•cla~.t91 •ic~t Mu ccayavy llo Du• props roc: hay 1, 1391 -II- to the best of Lessor's ;cnowlecge, the °r'e:nises have r.~ver been us?d for treatment, storage, or disposal of any .solid or lic'uid waste whiff _ is classified as to:cic or hazardous under any federal, state or local law or regulation in effect as of the corrure_ncement date, and the Pre.*nises (includir_g the subsurface i-rater) has not been cont~•ninated by any such toxic or hazardous material. The covenaZts of this section shall su.~rvive " .and be enforceable and shall continue in full force a.-~d effect for tr`:e beneFit of Lessee-and !ts subse^ue. *-a aSS1 S 'i ~~ t-~--ns~~r2_S, SllC: eSSOrSu^.d gn and shall survive the te_;,t of this :-.y:ee:rznt z:~:d anv rene~l periods thereof. "25 . ~aadincs . The hex d_nc,s of sections a,^.d su:osections ire for convenient reference only and..sha11 11.mit, not bs de_^ed, to construe, ' aff?ct, rrrdif or sections or subsectio^s. Y alter the ~.°_an?.^.g of such 26. Tirr~ of Essence. a i Ti^_ s of the essence for Lzssoc's and Lessee's Obli aCiOP.S u..de_ a ' 5 this ire=.tee.^.t . 27. Severabilit•,r. .. sion Zf znY sec~ion, su:osectio.^., to ^1 or prov_ of this rare°:"ent or the zpplicatio.^, t.~e_ _.._ to zn~~ part o ~^ Y r c_rcu::stanca shall, unenforce~l°, t::e `to any e:<tent, be invalid or r°~'-' `rider o~ said secticn, subsection, ter.l or provision of the c~ree.^~.;t or the application of sz::.e to parties or circa.^,stances othe_ inval; ~ha-; thosa to ~;~ich it 'was held d or 'u.-ienfosceable h i t s+ ~_ not be affecter thereby and eac:l r°--~'--'~-1n9 section, subsection, ter, or provision of this Lease shall be valid or enfor-cable to "the .Fullest e:<te_~tt pe~ :.fitted by law. ` 2S R~aI r.s`a`e B=°~'• Lessor represents and t-.arrants that Lessor has r.ot si ~ ed a listin a ree:;~ t other•~rise a A ~ g 4 nt, dea_t %{ith or gr~ed to pay a broker's co,,'ssion, Finder's fee or other like compensation to anyone in connection with the lease of the Pre-'wises or the transaction contemplated by this pyre`-gent zn~+ Lessor zgrees to inde:rs-~if~ harnless from and a ainst anv f a_nd hold Lessee ' attorney s ~ g _ such clahns or costs, including 1 fees, incurreci~ as a result of the transaction conte_;zplated by this ~ re_;,e zcknowto ~ nt• Both Lessor anc-+ Lease° -d e that S?A •- Inc. (Broker a o, Lessee and reor`s_nts the interest of Lessee acr=_es to oav Broker a corr~ission uDOn closinc of this transaction based on . the separate acre~;nPnt 172 pica: hacrarwilZ. Oa:• pr.pacoa: Hay 1, 19)a -12- h`-'two°n Lessee and Broker. 29. ~--tiler r~s9u~a.r~~9 _ EaGZ of the parties agree to c'.o such further acts and things and to exe~te and deliver suc.`~ additional agree_*r~nts and inst"~rznts as the other r.^.ay reasonably require to ~ cons~~;,ate, evidence or ~'~ree.-Went or an other o confirn the s Y agree:^_nt contained he_ein in the r,',a.-lne= cont=-npiated hereby. 30. RiSht to Resist°-- or ~Pco--~ Uccn the r°quest o. Lessee, Lessor agrees to prc;:aptly execi:te zed d>> ± ver to Lzssze a Mme.^orardu.;i of Laasa in recordabla or r?giste_~lz fog sattin5 forth the general tee s o` the .%-~,-°e,To^`, z;.d sus:: othe_ info~.atlon as Lessee shall r~'uest . ~• J~ 31. I:ite~~tat.on. Lacz pity to the s :.5_e=~;e_zt z...^.d its cou_*:se1 hive revie' zd re 1 sed this P tiA r and v_ fa~..,o., rule of co;lstrt:ction to the effect that ~ ~ a_^.'bi` ~ T`"' nor-'~1 be resolve ~:_t_es are to d against the dr~`ting pz_ty shall ^ot 5e e_~loyed ; n the inte~-p,etation of this P.gre".ent or, of a:-:y a:;;°_^.d::~,^ts o= e:chibits to this rare°TZnt. 32. Date of ~~-~ ;,~„ Teo • ;._ part; es acs c.~Le-_'Se t;-;zt certz;n obligations of Lesso_ z^.~ re ~~ _ _ ~~ ^T Cz~ - Lt. Z .~ tea! n sCeC='1 t .~r~ oer~ `~--~.~ ,^.ds o: ~ .. ::n_C:: a..e de t'=--,..:;T~d .^.,`/ reverence ~ o the cafe of e::ec,~tion of hi -- ee..~. ~. Th° Dart! eS t; erefOr~ a -eo ~ ~~ t s =~= ,` _ e:<e~.:t_on o~ h ~ g' t at , e_evec the tee 'date of 1~c~ ,.7 j,' ~ is r~g_ee_^:ent, " or :.~r~~+J~ of _^; i i `~-~e~1 l:erein,~ they s1Za~ ~ j~e~-; a d~.. ~ ar -:~~0_.. a_Z r?aS `''1 e upon '..'^_C:1 thrs t~.y~e°.^,°^. •. been cult' e:<ecuted by Lessor or Lessee ~hichever +_ o later to so e s th~ :C2Ctite t:11S 1"~r°_°_.Tr?:lt. Th°_ pa'~2S fL'rt:le_ agrees to specify the date on tif~ich they e::ecZlte this .=,rare`^ent ~zeat:: their resF,ectlve signatures In the space provided and ~arra.Zt and represent to the other that such a date 's in fact the date on ~Zich each duly e eeZ:te~ this P~ree.~;ent . a r i ~. t s i i ~5~~\ca: cc3l:w.ct,.. G9s a1.a: rtu ccayarvLlla Da Ca pcopacal: fray I, 199a 173 ^ _ --~ -13- IN Gv'IN'SS W;-~ER O the p~*-ties hereto have 'e:cecZ:ted this P~re~~ent on the day al-:d year first above written. LESSOR : ~.. LESSr.:.: hu 7 ' ' v, F~ ~IOV~R CCL'VZy T~L~S P~CTRU~ 1 I NC FIATr.R ~ Sc'ricR DISTRICT , . 5 : y By: Title' Title: _ Dates: ' Date: ~: ~. . A' s.: r1 ~. ~. _ . ~ I 174 ~ ,.. logai\cafacalca..cle.,87i .ic.~ . 83 ~:~. wuccayevilla Oa co pc.pac.d~ May 1, 179a -- EaY'r?IB?T P, (Legal Description of Pre.~ises and Drawer^g of '6~later Ta.^.k, Inc?uding S~he~tic for Attac:_;.ents) 175 8L~aL\:.:oca~ta.•cLs•.995 ai.•: w ~ uccayzvil_+ Oa:.a pcapa: oC: hay L, 1999 s iX?-i:3IT 3 ' ~ri°..s'_-gn of Attaciu~,er,ts to h'ate~ Tz <) ~: 1 ~.] I • toque:\co:;~-a\:r.c2s..e91 • ,--,: Mu ccay rv:22a ~,:a ,:,,,~~: K,, ~. ~„9 85 E-~ ~. This Pad c irrtcrrtionally left blank 86 1 1 f 1 1 1 1 1 1 1 1 1 1 1 !1 I coi\sE~~T :~cE;v~:~ i\'E~V EL-~\OVER COU\TY BO:~RD OF CO`(:~IISS(O~\'ERS JUG\'E (, (99S ITE<<IS OF BUS[;~'ESS 1. Approval of ~(inutes 2. Approval of County Patent and Copyri`ht Policy ~. Approval of Resolution requesting NCDOT to add Ramblewood Lane to the State road system 4. Approval of request for 57,000 to refurbish the USS North Carolina and approval of associated bud~,et amendment n9S-OIS9 ~. Approval of Budget Amendment ~9S-47 to budget additional revenue received. may 19, 1995. Controlled Substance Tai funds a"re bud,cted as received and must be used For law enforcement activities as the Sheriff deems necessary Cwt PAGE NO. S9 9l 9~ 97 99 6. Approval of Budget Amendment ~9S-0191 to bud~_et additional Federal l00 and State funds for;~(edical Transportation and Child Da~~ Cart and to rea(i~n accounts for year end adjustments (no County funding required) 7• Approval of Bud,et Amendment ~9S-019-I to bud~,et one-time funding (01 from the Statewide Family Planning Program to support expenses associated with male focus group meetin~,s ~S• Approval of Budget Amendment X95-019 to budget a one-time 103 grant to purchase computer equipment/supplies to enhance communication with the Occupational and Environmental Epidemiolo,y Section of the NC Department of Health and Eluman SeR•ices - re: Pfiesteria 9. ..Approval of BudSet Amendment n9S-0 f 9G to budget loan proceeds 10.} from First Union National Bank for purchase of water sewer camera and sewer jet truck (for accounting purposes only). (0. Approval of Budget Amendment ~9S-0197 to budget loan proceeds from f 0~ First Union National Bank for purchase of ambulance (for accounting purposes only 87 T/ris pad e intefrtionally left blank 88 • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ~ Meetin Date: 06/01/98 9 Consent Item #: 1 Estimated Time: Department:° Governing Body Presenter: Lucie F. Harrell ~• Contact: Lucie F. Harrell . SUBJECT: Approve Minutes .BRIEF SUMMARY: Approve the following sets of minutes: Fire Commission Work Session 4/30/98 ' ' Budget Work Session 5/06/98 Board of Equalization & Review 5/18/98 Closed Session 5/18/98 Regular Meeting 5/fig/gg RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. ,. FUNDING SOURCE: • ATTACHMENTS: Sets of minutes. ITEM DOES NOT REQUIRE REVIEW. ~' COUNTY MANAGE OMMENTS AND RECOMMEN DATIONS: Approve minute . COMMISSIONERS' ACTIONS/COMMENTS: ~; ~. COUNTY COMMISSIflNp~ APPROVED REJECTED p . REMOVED p ' POSTPONED O 8 g HEARD DATE .~/~~~' r ~• . ~, Tlris pad c intentionally left blank ~~`~~„ad~w M ~1 1$~~~~ ~~®~'!~~ 90 ~ ~~ ~ ~~~ ~. ~.~ . , ~. i , .. . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION _ ~. •. ` ,` :: 'Meeting Date: 06/01/98 ~' ~ Consent~ltem #: 2 .Estimated Time: ., • .. • • ~ _ Department: Legal Presenter. Andy Atkinsori, Deputy County Manager .:; Contact: -Kemp P. BurPeau, Assistant County Attorney ^.. .. ~ . County Patent and Copyright Policy - '" BRIEF SUMMARY: ~, ~ . . . This proposal, based on the UNC olic addresses i s p y. sues of ownership of patents and copyrights developed by County employees, where the invention relates to the employees' work activities or - .otherwise involves County resources. The employee notifies the County Manager about the particular ,~ invention, and a determination is made by the Manager whether the Coun has an int r tY y e ests m the invention: The County may seek to obtain a license or copyright in its name, or instead release all rights to the employee. ~' ' ~ RECOMMENDED MOTION AND RE U Q ESTED ACTIONS: ~ o ;Consider the proposed policy. ;~ .; ` . • . ~, • FUNDING SOURCE: ~ ~ ' e ,~ , ~. ~' ` ATTACHMENTS: ~ • - _ ,. ~ • ., ,, .~ . .~ •. ,i ,~ , Fatent.w ~ ~ . . p , A REVIEWED BY: ' LEGAL:: Approve FINANCE: N/A BUDGET: N/A ~ HUMAN RESOURCES Approve` ,t - ' COUNTY MANAGER'S C MENTS AND RECOMMENDATIONS: Recommend approv COMMISSIONERS' ACT10 S/COMMENTS: .. , .. ,. #'' • . ~• -, .. ~. .CDU(~N C~MMISSI011tE~~ APPROVED [~'~ . ..,. ~` REJECTED 0' REMOVED . D a .. ,~~ ~ ` . e POSTPONED D r~ .. .HEARD `91 ,. DATE ~ ~ ,, ~ , - . DRAFT PATENT AND COPYRIGHT PROCEDURES A. In General. .The County has an interest in all inventions of County personnel that are conceived or first actually produced as a part of or as a result of County research, activities within the scope of the inventor's employment by the County, and activities involving the use of County time, facilities, staff, materials, or County information not available to the public. B. R,esporisibilities of County Personnel. .1. ,County personnel who, either alone or in association. with others, make. an invention in which the County has or may have an interest shall disclose such inventions to the County Manager in writing. ~ - The inventor will be notified in writing of the decision of the County Manager as to whether the County will accept the invention for patenting or licensing. If the County chooses neither to file a patent application or otherwise make available commercially nor to dedicate to the public an invention in which it asserts its rights, the invention at the County Manager's discretion may be released in writing to the inventor. As to any invention in which the County has an interest, the inventor, upon request, shall execute promptly all contracts, assignments, tivaivers or other legal documents necessary to vest in the County or its assignees any or all rights to the invention, including complete assignment of any patents or patent applications relating to the invention. 2. County personnel may not: (a) sign patent agreements with outside persons or organizations which may abrogate the County's rights and interests as stated in the Patent Policy or as provided in any grant or contract funding the invention, nor (b) without prior authorization use the name of the County or any of its units in connection with any invention in which the County has an interest. C. Inventor Requests for Waiver of County Rights. If the inventor~ti'elie~ves°fla't the invention was made outside the general scope of ~,, ~~'~sw°, , his or her County duties~-and if the inventor does not choose to assign the rights in the invention~to thetCou'nty, the inventor shall, in the invention disclosure, 92 request that tn~e Gout n-~ty~~anager determine the respective rights of the County ,. ~'~ ~~ . ' . , ~~ ,~ .. .. , - ,~ .- - ~ . - . ~~ . ~,. DRAFT . ~~ and the iriventorVin the invention; and shall also include in the disclosure ;. , ~ information on the following points: ~ . - ; ' .~ ` . - ., . ,. ..1. ~ The circumstances under which the invention was made-and '- - - developed; ~~ ~~ . ~ Y ~ '2• Whether he or she requests waiver or release of an Count y y claims or his ocher representation tfiat the County has no claim; . . ~, - _ . y ~ .. ., 3 Th . e extent to which he or she. would be willing voluntarily to assi n 9 . ~, domestic and foreign. rights in the invention to .the County if if '~ should be determined that an~assignment of the invention to the ; -, ~ ~ _ ~ County~is not required under the Patent and .Co i pyr ght Policies. . ~, '3 ~ ~ „ .. .. ~ ~ - ;' ~ ,. .. ' ~ t.. ., -. ~ ~. , - .. . .. _ - , ,. - . ^ ~ , . ~. .. ' .' - ~ ~ ~ , ., "~. _ ,, ~~ ~. ~ .. - . . . ~ ~ .. - t ~. - .. .. _ _ ~ ~ - , .. - _. - 93 ~ ~ [ Tliis pad e ifrtent~onrrlly Icft blank 94 ~`~~~'-1y-"o 02:45-P 4^JILSON' S CARPET ONE TfA'f-19-98 TUE 15:33 910 392 X856 p_O1 P. 02 NORTH CAAOUNA STATI` DEPARTM?=NT OF TRANSPORTATION DtViSlON OF HIGHWAYS PETITION North Caro{Ina County of fJ~aw Hanover Pctitia~ request for (check one): We the ctndersi Wed, 6. umber) in _ New Nangver Department of Transportation to _ Addition to State System QO Paving ( ) Msintenance Improvement ( ~ 'ln9 Property/ owners ort ~i~1s~ .~~" Lt/IQ,~ ~~ • (Describe or give tvcnl Warne or Secondzsry Road _ County do hereby request the Division of Highways of the A,bD • the above-described road. Wa further advise that the road requested to ~ p ~ is a o 0 ~"T rt ' , in length and at the present time thAre stre 2 occupied +?omes tecated on the road and having entrances into the road. - Finally, we agroe to dedicate to thR Division of Highways a rieht•ot-way of the necev;,ary width to COnstruc! the road to tho minimum construction standard required by the Division of Highways. This right-O!-way will extend tt~o entiro tongth o} the road thAt i3 requested to be' improved and wtil indude the necessary areas outside the right-of-way fcr alt and fill slopes and ~~'ge• Aso, we agree to dedicate addfticnaJ right-otiway in the public road intarscctions for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to ua by representatives of tho Division of }{lghways. REMAAtCS Four espies of recorded subdivision plat ~nciesed ff aYpflcable. PROPERTY OW,VEAS l~iA.1A E The Di-vi~si~on of ~.~~. MAKING ArJDRESS TELEPHONE hways should contact the first petitioner L'sted btr!p~v; ~68~,~ ti~ c, a,8 ~o ~ . 7~ ~1 ~~.: ;~~ .__ Revised Form SR-1 (5-83 A!I pfev opus `to .J ~ ~~' Q l~M rms obsolete. .. ~ Y .. ~ - ~ . -- - .~ NE~11/ HANOVER COUNTY BOARD OF COMMISSIONERS ~ , ~~ ~ _ REQUEST FOR' BOARD ACTION ' ~ Meeting Date:. 06/01.198 ~ ~. Consent item #: '4 Estimated Time: ~, _, .- '- Department: Budget Presenter: n/a , ,.; ,.: ~. ~ 'Contact: Cam Griffin... ~~ , .: ' . ~ SUBJECT: . ~ ~ . ..., . `° Operation Ship .Shape - ' ~ BRIEF SUMMARY:. On May 18, the Board of Commissioners considere d a request for S75,000 to refurbish the USS North Carolina. The Board directed the County Manager to develop a plan to fund the requested contribution. " . ,~^ - RECOMMENDED MOTION AND REQUESTED ACTIONS: - Approve budget amendment #98-0189 transferring S25,000 from contingency and°consider acontribution of an additional S50,000 as part of the budget review. process for FY98-99. . ., . - . ~ . - - FUNDING SOURCE: Transferring funds from Contingency ' _ ~ - ~ . .. ' "ATTACHMENTS::. ; " ~:H Budget Amendment #98-0189 is attached. ~ ' ., ~. - ~ ~ ~ . shipShape.~wp ~ r REVIEWED BY: ~ ~ , . ~r" . - ' LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A.'. ` COUNTY MANAGER'S C ENTS AND RECOMMENDATIONS: Recommend aPprov ' ,,. • . - - , COMMISSIONERS`ACT ONS/COMMENTS: . , .. , ~,, ~ ' .: ,~ .. ~ :~,'~ ;~ ~ «„ t;, ~?- COUNTY COMM~I~/1t'~~:`~ ~' ~ " ~4~" '~y : ~s~ APPROVE© [~ R EJ ., ~, ;: ,~~ REMOVED ~ ~; - ~~l:~t~, , :.~~' POSTPONED O ,, ~, .. ~ . .. s HEAR© O ..:~ ..,~„. _.~ ._ ATE . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST. F OR BOARD ACTION Meeting Date: 06/01/98 ~'(, Budget Amendment Item #: Estimated Time: DEPARTMENT: Non-Departmental/Contingencies Outside Agencies/Cultural 8~ Recreational BUDGET AMENDMENT #: 98-0189 ADJUSTMENT DEBIT Non-Departmental: CREDIT Contingencies 525,000 Outside Agencies/Cultural ~ Recreational: Battleship Commission 525,000 EXPLANATION: To transfer funds from Contingencies for a contribution to "Operation Ship-Shape." With approval of this budget amendment, the remaining balance in Contingencies will be 557,150. APPROVAL STATUS: To be approved by Board Of Commi COMMISSIONERS' ACTfO S COM NITS ' ers C~UNn f/~MMI IO~ ~~~,~,~ APPROVED r ~ ~~YD''~J,~ REJECTED Q k~~~ g g . ~~~~~~~ REMOVED p ~~ POSTPONED p ~ ~ ~~ HEARD ;s` '' DATE ~'g`~r~ ?~" ~S >'n .~` ;~ qtr NEW HANOVER COUNTY_ BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/01/98 Budget Amendment Consent Item #: 6 Estimated Time: • •' DEPARTMENT: Social ServicesNarious BUDGET AMENDMENT #: 98-0191 ADJUSTMENT DEBIT CREDIT Title XIX -Medical Transport: Medical Transportation 547,500 Medical Transportation 550,000 Day Care Services: . Day Care Services 5192,033 Day Care 5192,033 Medicaid: Assistance Payments 575,500 AFDC: State Checks 510,000 Special Assistance -Adults: Assistance Payments 570,000 State Mandated Actions: Involuntary Sterilization S3,000 Psychological Service: Psychological Counseling 510,000 EXPLANATION: To budget additional Federal and State funds for Medical Transportation and Child Day Care and to realign accounts for year end adjustments (rio County funding required). APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: n ~COunrr,Y COMMI~StO ~~` '~ ~` APPROVED ~ ~. ~.~F2EJECTED D ((~~ "` ftE1vI0VED O 1 lJO ~ ~'`Pd~`i~ONfD D ~. ~, y ~"` f'1AY 17 '~9 12~Zlr=f'1 .~: ~`~°~ ~ ~~ •~ ~ A. ~: Betty Jo McCorkle New Hooves Cotmty E~alth Depa_-trr~ent ~: William Bz~wn waresz's Prcv~*~tive i-ica~lth Branch SiJBJEXT: SlzLr,Qort for Focus ~u~s r~ L~~ S ZYie Statewide Fanny Plaru>_ing P~gza;n is pleased to pzwide the )~~ H3ro`,~ez- Canty F~ealth Depa.rtm~lt with one-time ftmding in the atrz~t:nt of $400 to ez~z-t e~erees associated with foals grap meetirr~s. Please initiate a Family Planning revision L~.~tir~ the adc'.r3 fads in the aporoQriate line item. R~t>.~n this revision to I~fiiS/Di~risicn of i^Worrrr:' s a.-x~ Qzilden's Heal-th at this ad~ss: I~ ~5/Div. of warm' s ar~d Chilc~rers' s Health Wc~-~'s Health Section P. O. Bax 29597 Raleigh, N. C. 27626-0597 A1"'IN: William Brnwn CQJRIFlt 56 - 20 - 11 cell meat (919) 715-3394 with ary questions. l 1 +-~ AttacY><nent . . CC ~ ~~ ~~~-Wa2~ ~ i Post-#t' Fax Nate 7671 ooro ~ ~ c+;~ U To `~ C it o' ~ From ~~ ~~~ U CL w ~Jtkx N- ~wa. ~- co. . PtbnC • Ptgr~ 1 ' ~.':., . ,,~...r,,,..,<,,, F,iiU~'k3+.9aY Fax • ~ VVd'tlro ~ ~ ^r } ~ } Lr°_+J ~ ~~i ;~~~ ~f 10 2 ~~,~~~ <,, ~~ ~~~~~ ~ n lvaitfi~~roli 4i' Nort oftlir 1999 Sptcial Ol)~rrpicr LL'orld S~mmtr Gn++n r.i~r%: ~:: >~ P . 1 F~'j Noah Carolina Department of Health and Human Services Di~zsion ofVGromen's and ChildrtsnJ Health 1330 St. ;Mary's Street • Post Office Box 2')597 • Raleigh, North Carolina 27G2G-0597 • Courier SG-20-1 1 James iS. Huni Jr., ruvcrnot • H. Da~•id Bruron, iVf.D., Stereary • Ann F. Wo!(e, M.D.. M.CH., p~rceror ' ~ ~r~ l~ QC) i ~ ~ U -~ ~ ,~_ y~ ~ ~y 15, 1998 NEW f-iANOVER COUNTY BOARD OF COMMfSSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/01•/98 Budget Amendment ~~ Consent Item #: 9 Estimated Time: DEPARTMENT: Sewer Operating Fund/ Water and Sewer Engineering p~ BUDGET AMENDMENT #: 98-0196 11~( ADJUSTMENT DEBIT CREDIT Sewer Operating .Fund: Installment Loan Proceeds 5122,710 Water 8~ Sewer Engineering: Capital Outlay -Equipment 537,775 Motor Vehicle Purchases 584,935 EXPLANATION: To budget loan proceeds from First Union National Bank for purchase of water sewer camera and sewer jet truck (for accounting purposes only).. APPROVAL STATUS: To be approved by Board Of Commissioners • COMMISSIONERS' ACTIONS/COMMENTS• r ,-~„r,~,-, Y,r-,c ~ COUNTY C~MMtS~01~~ ~~~~% .~,..,~t L~APPROVED ~~ ~~'~~4~EJECTED ^ REMOVED ^ 104 ~ ~~sh~~+~'OSTPONED ~9~A~~r Tlris prr~ e interrtiorrally Icft blank LrJ t1~~fi~,yJ~1 K ~: ^~ 10 6 ~~ .,~,