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HomeMy WebLinkAboutAgenda 1997 05-19~~ AGENDA NOVEq ~. ?`"~~' :oGy~~ f•• ~ '* ~l »~~~ Ov ~~F NO RTN C*Q ~, May I9, 1997 _ _. NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Courthouse 24 North Third Street, Room 301 ~._ _ ~ Wilmington, NC ROBERT G. GREER CHAIRMAN WILLIAM A. CASTER VICE -CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER TED DAVIS, JR., COMMISSIONER CHARLES R. HOWELL, COMMISSIONER ALLEN O'NEAI., COUNTY MANAGER WANDA M. COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD 9:00 AM r, MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (limit three minutes per item) APPROVAL OF CONSENT AGENDA :ESTIMATED -ITEMS OF BUSINESS ' TIMES 9:15 AM l . Presentation of Class Act Award 9:20 AM 2. Presentation of Employee Service Awards -9:25 AM 3. Presentation of the County Manager's Recommended Budget for Fiscal Year 1997-98 9:45 AM 4. Presentation Requesting County Participation in Funding a Portion of a Proposed Skatepark to be Built at Greenfield Lake 9:50 AM 5. Presentation Concerning Community Service Work Program in tine Fifth Judicial District 9:SS,AM 6. Presentation of Concern Regarding Signs Regulations within the County ' , 10:05 AM- 7. Second Readin of Personal Watercraft Ordinance e ]0:10 AM 8. Second Reading for Interim Drainage Maintenance Regulations; County - Code, Chapter 11 Article V 9. .Public Hearings: 10:40 AM Item A: Subdivision Text Amendment Continued Item - Consideration to Modify the Approval Period and Vesting Requirements of Preliminary Subdivision Plans (A-279, 4/97) T0:45 AM Ttem B: Subdivision and Zoning Text Amendments Continued Item - Reinstitution of Parks, Recreation and Open Space Requirements for Residential Subdivisions (A-280, 4/97) '. , PAGE NO. 1 5 7 2l 23 25 31 35 39 L.~ ~. 10:50 AM i - 10. Consideration of Contract Termination with City of Wilmington - , 47 Concerning MAPS 11:05 AM 11. Consideration of Award of Contract for Landfill~Cell 4$ Construction ° 55 ' 11:15 AM 12. Meeting of the Water and Sewer District g 1 -' Q 11:25 AM 13. Committee Appointments $7 11:30 AM 14. Consideration of Proposal Related to the Operation and Funding of the 69 Film Commission ADDITIONAL ITEMS COUNTY COMMISSIONERS COUNTY ATTORNEY ' COUNTY MANAGER Noon ADJOURN 1:00 PM Meeting of the Board of Equalization and Review 75 L MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 MAY 19, 1997 . ' ~ . ITEMS OF BUSINESS 1. NON AGENDA ITEMS (limit three minutes) ' 2 A roval of Minutes . pp 3. Consideration of agreement for acquisition of Motts Creek Pump Station Site Contract #97-0390 and authorization for the Chairman to execute the contract ,; -Adjourn PAGE NO. 8'1 83 85 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAY 19,1997.. r . ~. ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of the Consolidated Contract between the State of N.C. Department of. Environment, Health & Natural Resources and New Hanover County Health Department 3. Approval of County share of costs for Community Growth Planning Effort 4. Approval of resolution requesting authorization of conveyance,. of County interest in jointly owned lots to the City of Wilmington 5. Approval of request by New Hanover County Veterans Council for a contribution. to the N.C. Division of Veteran Affairs Trust Fund for start up and maintenance of the first state veterans home in Fayetteville, NC 6. Approval of request to designate the Department of Aging as Lead Agency to Monitor HCC BG and Title III- Promotion monies 7. Adoption of Resolution adding the following road to the-State Highway System: Trelawney Court PAGE NO. 95 97 113 117 121 123 135 8. Approval of New Hanover County and New Hanover County Fire District Collection Reports 137 for period ending April 30, 1997 9. Adoption of Resolution amending the Policy and Procedures for Appointments to County 141 Boards, Commissions, Committees, or Authorities 10. Adoption of antidisplacement and relocation assistance plan for New Hanover County. 145 11. Acceptance of Grant from NC Division of Pollution Prevention and Environmental Assistance 147 for a Household Battery Collection Program 12. Approval of contribution of $200 for FY97-98 to the Eastern NC Chamber of Commerce 155 13. Award of bid #97-0334 and approval of contract #97-0334 for in-home aide services 157 14. Award of bid #97-0353 and approval of contract #97-0353 for a voice logging recorder 173 with PC playback station 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • ~ • ~ ~~ REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regulaz Item #: 1 Consent Item #: Additional Item #: Department: Human .Resources Presenter: Allen O'Neal ~ ` Pa e Count In A enda Packa e: Contact: Andre Mallette SUBJECT: Presentation of New Hanover County Employee Class'Act Award BRIEF SUMMARY: John Timmerman, an exhibits fabricator, with the Cape Fear Museum has been selected to receive the County's Class Act Award. John is the 10th recipient to receive this award that was begun in 1994 to recognize exceptional performance by County employees. John was nominated for his work on the current exhibit, "In the Trenches: The 30th Division in World War I." With the exhibits designer out on maternity leave, John was assigned the formidable task of laying out the entire exhibit which fills 1500 square feet in ' .the Museum's North Gallery. He accomplished the task, and now the stunning exhibition portraying one of the most gruesome wars of this century can be viewed by those visiting the museum RECOMMENDED MOTION AND REQUESTED ACTIONS• r~UM[tvG SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current $udget:.. New Appropriation Request: Bud et Amendment Pre aced: ` LLGL: FIN: BUD: HR: CUUN"I'Y MANAGER'S COMMENT AND RECOMMl Present Class Act Award to John R. Timmerman, Exhibiis Fa Refer to Office Vision Bulletin Board for Disposition `~~.r.~l~,~` ~~t~ll~M.(aQ l~Pl?ROV~p :1~~ ~~.-~F~d . ~.EM®VED ~ i'C~STPCi~ED . -~°~ ,~ ~C LAS S ACT -~-~~~~2 AWARD NOMINATION FORM RTN G4~ ,_ . _ The purpose of the Class Act award is to give recognition by the Board of Commissioners to deserving employees for instances of excellent service to the public or for a history of demonstrated high quality and enthusiastic job performance and, thereby, encourage feelings of team and public service among County employees. INSTRUCTIONS Complete this form, attach the requirednacrative, and submit the written nomination to Andre' Mallette, Human Resources Director, for consideration by the county manager's management team. Please do not inform the employee of his/her nomination: , ,. } -NOMINATION. CRITERIA - • Employees must.be nominated by supervisors or department heads and' nominations must be signed by department heads. • In addition to completing this form, you must submit a narrative which adequately describes the reason for the nomination.... - If the nomination is for a specific instance, you must give details concerning when, where, who and any other circumstances. If the nomination is for overall long-term job performance, you must include information about the employee's attitude and typical work output. • The nomination must include a statement of how the employee's actions have benefited the County. • I# available, a brief biographical sketch should accompany the nomination. , NOMINATION ~ / /~ Nominee's Name: (./ ~%~I~~~C~1 P,osition_ Title: ~i~ LV, ~3 r t /L~~~I ~b"~ (Ufl L . Department/Division: ~~C'SiF'G~lyf Length of Emplcymen,: ~ ,~ / .. -- Nominator's Name: G~/~~(~; C7 /'~!~/~~/1I Position Title: ~'IS~S/~f /V~~/1F'~~2 Telephone Number: ~ ~ ~ ~~ ;~ ~ ~ ~ ~, ~~/)JOmmator's'Signature: / ~. ~,i Department Head's"Signature: ,u /` ~ Date: Date: HR-CLSACT,9a NEW HANOVER COUNTY CAPE FEAR MUSEUM 814 MARKET STREET WILMINGTON, NORTH CAROLINA 28401-4731 TELEPHONE (919) 34111350 FAX (919) 341-4037 April 17, 1997 TO: Andre' Mallette, Director, Human Resources FROM: Harry Warren, Assistant Director, Cape Fear Museum ^ RE: Class Act Award I would like to nominate John Timmerman, one of Cape Fear Museum's exhibit fabricators, for a Class Act Award. ' John, who always does exceptional work as a fabricator (it's true, he can build or mount anything) served as the staff Exhibit Designer during production of the museum's most recent in-house built exhibition, "In The Trenches: The 30th Division in World War I." . John took the initiative to lay out the entire exhibition, which fills our 1500 square foot North Gallery, section by section. This added responsibility did not deter John from doing his, as usual,.outstandingjob of building mannequins and exhibit cases and mounting photographs and artifacts. The result: a stunning exhibition portraying one of the most gruesome wars of this century.. .The coup benefited from John' acti v ty s on ~n t. o ways. First, ~n the absence of the exhibit designer (who was on maternity !cave) , no consultant or contract worker had to be hired to fill the position, thus saving the county time and money. Secondly, the museum, as the county manager has said, is one of the jewels of the county system and jewels need to shine. This y' major exhibition was-done in record time, three and a half months. John's gerfnrmance allowed the museum to meet a tight schedule, open on the appointed day, the 80th anniversary of the United States entry into World War I (April 6th) and consequently took good to the public. ~ ~ . Andre', I sure would appreciate a favorable consideration for this nomination. I think all ' our employees deserve it, but I usually don't bother you with most of the miracle workers we have on staff {miracle work being a common occurrence here at the museum). But John really did double duty and should receive a bit of special recognition. Thanks. HW. I have included an in-house memo from Barbara Rowe, the project manager, as a supporting document. ~ 3 T~. ~. i'„ MEMORANDUM TO: Harry Warren _ enean o FROM: Barbara Rowe DATE: April 17, 1997 SUBJECT: John Timmerman and 30th Divi ion exhibit !' ' As project director for the 30th Division exhibit, I worked closely with John Timmerman throughout the project. I want to(officially reco nize the significant contribution that John made to the 30th project. Due to Jenean's absence, and to my lack of design training, I assigned the role of exhibit designer to John. He began by analyzing the artifact/image book Jim Legg compiled to, assess the number and size of objects and photographs. From this,- he drew specified and detailed measured drawings of how each wall would look with the overview panel(s), photographs, labels and cases . installed. I' used the layout drawings as blueprints to accomplish my part of the installation process: putting up the panels, photos, objects under acrylic, and labels. ~. _ With blueprints in hand I was able to spearhead the work of getting'the walls installed: This left John free to'do other tasks that required his skill and expertise. He determined the placement for the display of the large, heavy and/or high security objects. For the special display needs of these ' objects he designed and manufactured their mounts, and then installed them. After completing the installation of the difficult objects; he finished offthe exhibit by doing the lighting: John rose to the occasion of directing the exhibit design. He shared his creative ideas with us and solicited our own ideas and opinions. As a team of four (John, Dan, Laura and myself) we pooled ` ~~-te3et~her our ideas and then pulled together in~executing the job{. The four of us worked very smoothly together~which made the project bearable considering that we were desperately behind schedule. The 30th Division exhibit would not look as good as it does, considering the various obstacles we ran into,. if it were not for the talent and work habits of JohnTimmerrrian~: Please include'this _ memo in his personnel-file, and remember his accomplishments when his next Performance Appraisal comes around 4 _~ 1 1 1 i 1 i 1 Zegular Item #: 2 Consent Item #: Additional Item #: department: Human Resources Presenter: Allen O'Neal 'age Count In Agenda Package: Contact: Rosetta Bryant REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The following employees are entitled to New Hanover County Service Awards due to their length of service with New Hanover County: i~ -~~~.~ s~:~-ter ~u~~~~ FIVE (5) YEAR SERVICE AWARD: Cherie D. West -Health; David J. Smith -Social Services ~drr-~ Rr~hcv-1< TEN (10) YEAR SERVICE AWARD: Rodney D. Russell -Environmental Management; t`x~~~vrt tU.~Ca~:.~' Alfreda P. Gee -Health ; Mir; wu ~u:.~ (~~., ..~ c~..~,, e.s icrel( 5 FIFTEEN (15) YEAR SERVICE AWARD: Ernest A. McIntyre -Property Management; Patricia D. McSwain - Health ;"'ice-~-~~-~'r-y TWENTY (20) YEAR SERVICE AWARD: Ralph Shaw -Inspections; Catherine L. Stukes -Health. RECOMMENDED MOTION AND REOUFSTED ACTiONS• N~UNDIN(U SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: I LGL: FIN: BUD: HR: Present awards. ~~~ ~~ ~~F.~ECYEOD l ~~.EM®VEi~ ~ ±~l ~?63STP®NE i~r ,~,~~~ . .q ~ ~., ~_.~ 5 _.~/ - . Refer to Office Vision Bulletin Board for Disposition O National Association of Counties ADDITIONAL ITEM MAY 19, 1997 MEMORANDUM ELECTION OF FIRST AND SECOND VICE PRESIDENT To: County Executives, Parish Presidents, Borough Mayors and County Board Chairpersons From: Michael Hightower, NACo President Date: May 7, 1997 Subject: Voting Credentials - 1997 Annual Conference It is election time once again! We are preparing for NACo's 62nd Annual Conference being held July 11 - 15, 1997 in Baltimore County (City of Baltimore), Maryland. We need your help to ensure that your county can participate in the association's annual election of officers and policy adoption for this year's American County Platform. In order to vote, a county must have paid its membership dues, and have one paid registrant for the conference, according to NACo bylaws. Please indicate on the enclosed form the name of the voting delegate and alternate(s) authorized to pick up your county's voting materia s. Also, state association executive directors or presidents are entitled to pick up unclaimed credentials on Monday, July 14. If you do not want the state association to receive your voting materials, please check the box on the enclosed form. PLEASE RETURN THE ENCLOSED FORM TO NACO BY MONDAY, JUNE 2. SEND TO: Credentials Committee c/o Membership Coordinator National Association of Counties 440 First Street, N.W. Washington, DC 20001 Membership Coordinator Susan Parrish can be reached at 202/942-4242 should you have questions regarding voting procedures. Thank you in advance for your prompt attention to this matter. We look forward to seeing you in Baltimore. .._.._ __,._~J 440 First Street, NW Washington, DC 20001-7080 202/393-6226 Fax 202/393-2630 L~ M`~' 1 2 1991 ~? '~ ~, SUBJECT: .: Award of Contract #97-0229 for the .construction of Cell 4B -New Hanover County Landfill ~ . BRIEF SUMMARY: A formal bid opening to receive bids for the construction of Cell 4B at the New Hanover County Landfill was held on April 9, 1997. Since only one bid was received, the bid was not opened. The project was ' ~ readvertised and. a second bid opening was held on Apri124, 1997. The Board of commissioners rejected . the bids at their meeting on May 5, ,1997, due to lack of prequalifications from the low bidder as required y by County Ordinance.. The project was readvertised and a bid opening was held on May 16, 1997. Bids " received were as follows: ~~ . ~ ~ Robbinsville Contracting Company ~ $ 958;320 _ Tri-State,Consultants ~ $1,239,824 . ES&J, Enterprises, Inca, $1,140,000. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the' Board of Commissioners hear the presentation and recommendation of award of contract for the construction of Ce114B at the County landfill. „ FUNDING SOURCE:. ~ " . Federal $: State $: County $: User Fees $: Other $: Budget Amendment Prepared: REVIEWED BY: ~. LGL:APPWCOPLEY FIN: APP BSHELL BUD: N/A CGRIFFIN HR:N/A AMALLETTE- _ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: . Recommend award of bid to Robbinsville Contracting Company in the amount of $985,320, the low•and responsible bidder. Ray Church and Amy Aiken will be at the meeting onday to answer questions and comment. The engineers estimate for this project is $1.4 millio . - %r~PRC?VED ~! ,'%aECTED ,[ ' Refer to Office Vision Bulletin Board for Disposition REMOVED ~~:~ ~.v. .. ~., ..g r,.~~,y+v. r 'Wi'~9,y~ , ~n 4.w.-ut 1( +ie~ 1'i v~l~w 4Y~'. ..S w ~Y_.yr. y~. C.J ~ed...i u ... ... ~r . ,yf ~ ~ .3, -.,,:;:.,,:tea.. -~.. c.:~, ~~a a- 4 ' _ RESOLUTION OF THE BOARD OF COMMISSIONERS ~~ ~ NEW HANOVER COUNTY WHEREAS; after due advertisement, bids were received and publicly opened by the . Environmental Management Department at 11:00 a.m. on the 16th day of May, 1997, at the . New Hanover County Environmental Management Administration Building, 3002"Highway 421N, Wilmington, North Carolina, and the following bids were received for the construction of Ce114B: - Robbinsville Contracting Company, Inc... $958,320.00 Tri-State Consultants, Inc. $1,239,824.00 . - ES&J Enterprises, Inc. :: $1,140;000.00 WHEREAS, according to G.S. 143-132, if fewer than three bids are received after the first advertisement for a formal construction bid, a second advertisement of the proposal should be made - : and after this second advertisement, the award may be made even if only one bid has been received;., and . WHEREAS, after the first advertisement, only one, bid was received and the project was advertised as required by General Statutes a second time after which three bids were received; and " ~ =WHEREAS, upon opening bids after the second advertisement it was determined that the low bidder failed to prequalify with the County. as required by County Ordinance; and WHEREAS, the Board of Commissioners upon advice by the County Attorney acted to reject all .bids at their meeting of May 5, 1997 and to direct a rebidding with a May 16, 1997 bid opening; and WHEREAS, Post, Buckley, Schuh, & Jerrnigan, Inc., the consulting engineers for the project have reviewed the proposals and.recommend award to Robbinsville Contracting Company, Inc.,; and WHEREAS, the Environmental Management Director and the County Manager recommend that the contract. be awarded to Robbinsville Contracting Company, Inc., a North Carolina corporation, the lowest responsible bidder, in the amount of Nine Hundred Fifty-Eight Thousand Three Hundred and Twenty Dollars ($958,320.00); and WHEREAS, funds are available in Special Obligation Bonds to cover this contract;. . - ~ ~, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for the construction of Landfill Cell #4B for the Envirorunental Management Department, be awarded to Robbinsville Contracting Company, Inc., in the amount of Nine Hundred Fifty Eight Thousand Three Hundred Twenty Dollars ($958,320.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 19th day of May, 1997 (SEAL) ATTEST: NEW HANOVER COUNTY Robert G. Greer, Chairman Board of-Commissioners Clerk to the Board 1: , ` ,~ N _ rn co c tB f~ N C 0 ~~ c .:W 0 N Q O _ ~ T ,C O . U' a~ O C (~ . _ C,, 3 O N Z' , . _ . ~ ~ . 0 -U ~ ' Q ~ O O a~ U U ~ _ N f' ; ~ ~ _ 0. O N ~ Z f6 m Q U ~ •° ' mao U 0 0 0 0 0 0 O O O O O O O O O ~ 0 0 0 0 0 0 O O O O O O O O O o O N 0 0 0 0 O O O 0 0 0 O O O ~ ~~ ~~ O ~ 0 0 0 0 ~ v O O O O O O O O O O O Q O O O O O O O O O O O O 0 ~O Otf~tt)O OOO Z OtL')tf') OOtf') W Q- ~ O CO O N 0 Cfl ~- ~ O r r N N r r O ~ _ ~ W EA fA Efl Efl to Efl EA EA EA Ef? Efl E!~ H'} d~} EA 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 to 0 0 0 0 0 0 0 0 0 O O O O O O ~ C ~ 0~'OOOOO 000 O 000_, ~ 00 ~ N 0 0 0 0 0 0 0 O 0 0 0 0 0 ~ N vO D U ~ ' C d' Cfl 0000 ' ~ 000 ' ~ 000 ON r 0 O O 0 O ~ *k NNN - ) ~- N IS N M ~ ~ In ~ O U ~r r ~ 0 000000 000 0 ooa 000 ~ U ^ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '~ p> _ p o ~ fem. 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Um W LL~JJCOC7(n2J Q fl. ~J= ~~J, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t h l1') O 0 ~ 'Ct' M O r O O ~ ~-- ~ r - - e ~ e ~ Ef3 ER H4 Efl EA EA 0 0 0 0 0 0 0 0 0 0 0 0 mil' d' ~ ~t ~ -d' N N N N N N 0 0 0 0 0 0 " CO to 0 I~ I~ 0 ~ ~ r- f~ M M A N N ~. N N ~~~~~~ 000000 000000 f~I~ f~O0O 0 0 0 M N M Cfl to ~ V' cO 0 0 0 0 c~ 0 f~ 0 tp r 0 to r 0 0 0 0 0 0 ~3~3~4.0 ~4~ .- r N • ZZ O O U ~ v~ 3 3 = ~~ Q H ~ N Z Z Z O O O > > 7 ~ ~ • • o a 0 o E E E ~ ~ Q Q Q ~ ~ ~ ~ ~ 3 3 3 3 3 ~ ~ ~ 'O ~ 'O ~mmmmmm ca c~ c~ ca ca ca m m m m m m e T u ~OS-1- ~ ~ ENGINEERING Bl1CKLEY, PLANNING s ® SCHt1H 8. JERNIGAN, WC. Apri128, 1997 ,: , "Mr. Ray Church . Director of Environmental Management New Hanover County 3002 Hwy 421, North . Wilmington;-North Carolina 28401 ~ ` RE: • NEW HANOVER SECURE LANDFILL - ~. ' CELL No. 4B CONSTRUCTION PROJECT RECOMMENDATION OF AWARD OF CONTRACT °Dear Ray: Post, Buckley Schuh and Jernigan; Inc. (PBS&J) has reviewed'the Bid Documents for the New . Hanover County Secure Landfill, Cell No.4B Construction submitted on Apri124,-199Z Based on thus review, PBS&J has found Robbinsville Contracting, Co. (RCC) as the lowest, responsive bidder.. PBS&J has also reviewed RCC references and found each reference. had. either positive. or " ° .satisfactory comments regarding past work on their construction projects. PBS&J has determined that RCC does not meet the minimum experience requirements stated in the the Technical Specifications.. However, the other bidders also did not meet the minimum experience requirements and, therefore, cannot oppose the a«%ard of contract to RCC based on this condition. Based on the above, PBS&J recommends the Award of Contract for the Cell No. 4B Construction - to RCC. . :Should you have any questions, please call me an}rtime at (407) 647-7275, Extension 107. . Sincerely, - .. " Robert E. Mackey, P.E. -Project. Manager Solid Waste Program c: ~ Ed Hilton - G:\ENV\COMMOMN'ASTEMAMNER'HANOV\GENERAUAWARD.WPD - ` WASTE MANAGEMENT DIVISION 1560 Orange Avenue, Suite 700,. Winter Park, Florida 32789 • Telephone: 407/647-7275 • Fax: 407/647-8945 e ~, ~. REQUEST FOR BOARD ACTION fZegulaz Item #: 3 Consent Item #: Additional Item #: Department: County Manager's Office Presenter: Allen ONeal Page Count In Agenda Package: - ~ ~ - SUBJECT: Presentation of the County Manager's Fiscal Year 1997-98 Recommended Budget A !Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: LGL: FIN: BUD: APP CGRIFFIN HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• . Hear budget presentation hedule time for department and agency comments, and schedule public hearing for June 2, 1997. ~~~'- ~~ ~,Pii'~~ '~r'e.sec~'ee'~ ~~E,IECTE~ l ~.EMOVED~ POSTP®fVE /~~ .- Refer to Office Vision 8ullctin Board for Disposition ti~ ~ 9 ~.kJ~ ._._._..1 ~ ~~ .~ BRIEF SUMMARY: The County Manager will present the Fiscal Year 1997-98 Recommended Budget and deliver the budget message. RECOMMENDED MOTION AND REQiJESTED ACTIQNS• The County Manager recommends that the Board of Commissioners consider the recommended budget, hear the budget message, schedule a public hearing on the budget for June 2, 1997, at 8:00 p.m., and adopt the FY97-98 budget on June I6, I997. It is recommended that departments and organizations comment on their recommended funding between 6:45-8:00 p.m., on June 2 before the public hearing (schedule attached). Further, recommend the Boazd consider scheduling additional budget work sessions if deemed necessary. r uNllitvu 5uuxc~: .Federal S: State $: County S: User Fees S: Other S: April 16 April 18 May 15 May 19 May 19 thru June 2 June 2 June 16 Schools' budget submitted Budget meeting with school officials Room 501 at 2:15 p.m. Budget to Commissioners (informally) County Manager presents recommended budget at Commissioners' meeting Commissioners to establish budget work session(s) T~ . 2~ ,,1 ~~ . , ,,. ~ . Public Hearing on' budget (night meeting) Adopt budget m:\c\revsch '~ ~~~~~{ X~' 8 "~"' ~ '~tr ~ ~~ ~ - • , matirbudmcct . NEW HANOVER COUNTY BOARD OF COMMISSIONERS FISCAL YEAR 1997-98 BUDGET MEETING MONDAY, JUNE 2, 1997 ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE ROOM 301, 24 NORTH THIRD STREET ~ WILMINGTON, NORTH CAROLINA TIME AGENCY 6:45 P.M. NEW HANOVER COUNTY SCHOOLS 7:00 P.M. DEPARTMENT OF SOCIAL SERVICES 7:10 P.M. HEALTH DEPARTMENT 7:20 P.M. ~ SHERIFF'S DEPARTMENT 7:30 P.M. SOUTHEASTERN CENTER 7:40 P.M. CAPE FEAR COMMUNITY COLLEGE 8:00 P.M. PUBLIC HEARING ON FY97-98 RECOMMENDED BUDGET 9 3 This page intentionally left blank 10. REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: 4 Consent Item #: Additional Item #: Department: County Manager Presenter: Michael Paul Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Proposed Skatepark at Gree~eld Lake. BRIEF SUMMARY: The Wilmington Skatepark Association working jointly with the City of Wilmington is requesting financial participation by the County to help build a Skatepark in Greenfield Park. The plan is for the private sector to raise 50 percent of the projected $150,000 cost. The City is to contribute the other SO percent. The City has programmed this as a two year capital project - $50,000 in FY97-98 and $25,000 in FY98-99. There is a requirement by the City for the private sector to have raised their 50 percent share by the second year. The Wilmington Skatepark Association is requesting the County contribute $25,000 to the project. Mr. Michael Paul will appear to make a presentation and answer any questions r~UNUING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: rcr,vir.wC,u tsx: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENT AND RECOMMENDATIONS- ,, Recommend the County commit to making the $25,000 contribution in the FY98-99 .budget with the following requirements: I) The private funds have been raised, 2) The City commitment to the project is firm, and 3) All County residents (City and County) will pay the same membership fee for using e facility. ~ ~~~~® ~ ~'F~ECTE® ~e ~f': Refer to Office Vision Bulletin Boazd for Disposi[~n~~®~~~~ '~~ ~~STP®NE Witmingto~ SkaieparkAssociatlea - . -. ~ ' - do Hot Wax Surf Shop • 415-3 S. College Rd ' Wilmington, N.C. 28403 .- Phone 910-79.1-9283 . -. . . Fax 910-79I-8823 ;. ,' .. - .~ .. '. .. Apri107,1997 _ U t; Mr. Allen O'Neil County Manager 320 Chestnut Street ~ ~ ~` Wilmington, N.C: 28401 ~ ~ L Dear Mr. O'Neil, Because of my work with the-'City of Wilmington on a feasibility study to build a skatepark in New Hanover County, I'm interested in submitting a proposal to the County Commissioners at their scheduled meeting on Apri121, 1997. The ultimate benefits to the County in providing another recreational facility to the residents are many and I would like to discuss these with the Commissioners. The cost fora 15,000 square foot Skatepark would be approximately $150,000 and I am requesting that the County provide $25,000 of the Skatepark's funding. The Iocation of the Skatepark is proposed to be at Greenfield Lake and would be overseen by the City of Wilmington who is to provide $75,000 to the project and the rest of the funding is to be provided by residents and Sponsors of which to date- $20,000 has been raised. Due to the recent ordinance constrictions on rollarblading and skateboarding, many of L the residents are now aware that they are breaking the law throughout the City and New Hanover County if they enjoy their chosen recreation of skating. This problem has been solved in many communities throughout the United States by providing a public facility for skating and some cities in California have several skateparks throughout , their cities. Our plans are to provide a recreational area that is large enough and challenging enough to never outgrow its positive enhancement on the rollarblading ~ ~ L and skateboarding acivivties in the community. Thank you for your consideration for putting our request.to meet with the County Commissioners on your agenda. - ~ Sincerel -, ~ y- J Michael Paul ~ .~ ~. =~ ~ ~ ~s i •. i"' ,~, ~ 12 '~~ ~ ~~ ~ f ~ r WILMINGTON CITY SKATEPARK The Wilmington Skatepark Association 13 r ' Opportunity The Wilmington Skatepark Association (WSA) is seeking sponsorships to assist in the development of the Wilmington. City Skatepark. The proposed park is being built in order to provide a venue for young people to enjoy and practice the sports of skateboarding and inline skating. Moneys received will go toward the design, development, structure and maintenance of the park. . As a merchant in the Wilmington area, you have the unique opportunity to help make the Wilmington City Skatepark possible for these young skating enthusiasts. There are several ways you and your company can be involved; by donating money, supplies or labor. The following pages explain in brief detail, how your company can assist and benefit from such an opportunity in helping the young people of Wilmington see their dream of a Skatepark, become a reality. 14 I" Description Children, teenagers and young adults, in communities everywhere, have enjoyed the thrill of rolling along the sidewalks and streets on a skateboard for many years. Only recently, the past 10 years, have inline skaters started to share this excitement. These activities, which we'll call "skating", require human power to make them possible. Many skaters also use their "skates" as a mode of transportation, physical workout, and a way to be with friends and family enjoying the great outdoors, In fact, the United States Olympic Committee (USOC) is considering to add inline skating as part of the Summer Olympic Games Another facet of skating is called "Aggressive Skating". Aggressive skaters perform elaborate, technical tricks while "riding" or "grinding" on handrails, stairs, curbs and large outdoor objects. These tricks can be very difficult to execute and can cause damage to objects not intended for such use. Aggressive skating has been recognized by industry leaders (Rollerblade, Roces, Nike, K2, etc.) as a legitimate sport, recruiting and sponsoring athletes in this field. The ESPN cable network has a series of shows dedicated solely to aggressive skating competitions and fhe Aggressive Skaters Association (ASA) . has a vvorldwide pro competition tour. There are young aggressive skaters in the Wilmington area that dream of someday participating in these competitions. As the number of skating participants continues to grow,. so does the area required to accommodate skaters. One such area has been the Downtown and Historic Districts of the City of Wilmington. Merchants and homeowners, in these areas, scarfed to notice an increase in damage (scuff marks, wax build up, _ paint chipping, etc.) to their property due to aggressive skaters . Not wanting to see, or pay for, additional damage to their property, many of these people made formal complaints to the Wilmington Police Department and City Council. Which in turn, the City Council of Wilmington passed a law that prohibits the use of these devices in the above mentioned areas. Fortunately, for area merchants and residents, the skating "problem" has been resolved downtown and the number of incidents involving skaters has declined drastically. Unfortunately, this law has limited the area in which responsible skaters, the majority. of the market, can practice their sports. Skaters, parents of skaters and other concerned citizens, who felt the passing of the law was severely limiting, formed the WSA (Wilmington Skatepark Association). The WSA is a volunteer, organization whose mission is to develop a safe, alternative location for all skaters, that offers similar challenges as the downtown area, but in a controlled and confined area. 15 Proposed Park After several meetings with Gary Shells of~the Public Services and Facilities Department; Wi{mington, NC; the WSA committee members have decided=on ~' the following proposed skatepark informdtion: - ~ • - - Site: _- Greenfield Lake Pdrk (next to tennis courts) Size: ~ 15;000 sq: ft. - -- Cost: $150,000 (estimated) - "~ Timing: May l 4- (Proposal to the City) ~ ~ -• August 1 S (Groundbreaking) ~ ' November l (Official opening) Target Audience: Youngsters, 10 and-olde~`'•' - _ ~ - The WSA ,plans to raise a minimum of $75,000.00 with the additional monies to be petitioried for from fhe City of~Wilmington. The Juriior Achievers; a volunteer group of teenagers, will be holding raffles, cai• washes; selling T ~shirfs, and V - ' conducting benefit concerts to aid in' raising money~for'the park: ~ - ,. _ , .- 16~ 1 i Conclusion .Given this unique opportunity, your company's contribution, large or small,. to the cause of building The Wilmington City Skatepark will have made an important impact~on the youth of today and the youth of tomorrow. 17 President Michael Paul Vice Presidents Michelle Huleft Bonnie Sargent Members Reggie Barnes Libby Bryant Lide Bryant Chris Bryant Elby Cossette Jimmy Ellington Ken Lehman Dr. Maurice Martinez Torin Martinez Randall Purdy Jim Rees Eric Sargent Neil Sload 18 Wilmington Skatepark Association Committee Members Hot Wax Surf Shop 791-9283 Junior Achievement (JA) 343-0637 Parent 792-1405 E. Skateboard Supply, Owner 791-8240 Parent 392-0578 H.S. Student/Skater 452=1814 H.S. Student/Skater 452-1814 Int. Inline Skating Ass./ICP 762-7004 Skate Barn Skate Park, Owner 256-0617 Skater 762-2184 Professor ~ UNCW 313-6807 H.S. Student/Skater 313-6807 Skater 256-8130 Skater, Park Designer 458-4647 H.S. Student/Skater 792-1405 Local Skater 256-5798 e i r ~L ' ~ _. j D Z , .~ ~ ~ ,- rn ~ D ~ a ~ ~ ~z ~ n '~ ~ `~ %~ r~ \ ~i ~ ~ ,~~ ~ ~. ~ ~ rnrn 1 ~ `i.~4 j - 1 r ~, ~\ ~ / •\ ~ ~ I ..-~1 ~ ~ ~ ~~-~~~ ~ -~ ~. ~' ~ - ~ / ' ~ - ~= ~ ~ •r~ ~,~, ~ ~ ~~ ~ i' \ , :, ~ . ~. r ~~ 0 l~ ~ ~ ~ ~ `. ~~' ~~-j { rf ~ .N ~ ~- ~L y ~~ ~ -~ J~ / ._ {. ~. / ~ r ~ , N • ~ ~ - ~ J~ ~ D ~ d ~ r ` A Z 7C ~ v-~r~~ ' ~ ~ \ J . ~ ~~ ~~ i \ ,~, ~ . ~rn /-~ ~~ / ~~r 1 / ~~ ~ ~ / .~ ~ / ''~ ~ a \ ~ ~ ~~~f . ~ ~' <~ ., ,. ~~~~~ ~, - ~. ~ /~ . ~ - ~ ~.. ~, ~, - ~. r ~ 0 __ - ,~ ~, ,~ ~~~~ ~ ~' - i \, ~ ~ - ~ ~ .. . . / -. -C'- C.~ , J ~ t t 1 1 1 1 I 1 1 1 1 1 1 1 1 1 - REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: 5 Consent Item #: Additional Item #: Department: County Manager ~ - Presenter: Vanessa King - Pa e Count In A enda Packa e: Contact: And Atkinson SUBJECT: Presentation concerning Community Service Work Program in the 5th Judicial District BRIEF SUMMARY: Vanessa King, the Coordinator for Community Service Work Program, 5th Judicial District, will be presenting a brief summary of the program's operations. Community Service programs began in the early 1970's. For the period July 1, 1998 through February 28,1997 over 1.5 million hours of community service had been performed, having a dollar value of over $7 million. - RECOMMENDED MOTION AND REQUESTED ACTIONS• r utv1~INU SOURCE: Federal $: .State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request; Budget Amendment Prepared: ~LGL: ~ FIN: BUD: HR: c.~uiv-1-Y MANAGER'S CON Hear presentation by Vanessa Ki ~,~~~~ ~,_ f ~G./cL . ~~.-~C~~® .f :s ~1=1~ov~~ ~~; ,,.., 21 - ~'OSTP01~ - ~ Refer to Office Vision Bulletin Board Cor Disposition % - ''J . - ~ ~p.~ - - ~,,,,;. North Carolina ~De artment of Crime Contr . p of and Publlc Safety , Division of.Victim sad Justice Services .... `~ jamcs B. Hunt Jr., Govcrnor Richard H. Moorc,^Sccrctary HEHORANDUH 1 To: Gary Eichelberger, Director FROH: Johnny,Pridgen,.Program Manager ~ ~. ~ ~' DATE: March-27, 1997 RE: 5th District Community Service Status Report summary 1. The following Community Service statistical report is~through the month of February , 1997 , and is forwarded for your information: MONTH FISCAL YEAR TO DATE CUHULATZVE ,• Number of Community Service Admissions 244 1,716 Successful Cases 191 1 ,256 ~t.wf~~ Unsuccessful Cases ( ~r` 67 439 Hours of CB Performed 7,135 48, 442 Dollar Value of Hra Done ($4.75ph) $33,891.25 __221, 999.50 . CS Fees Ordered by Court 400.00. $22, $160, 850.0'0 Comments: _ bistrict 005 had a ~74~ success. rate for Februaary . 2. The following are statewide Community Service statistics for the current :fiscal year from July 1, 19 96 , through February 28 ,.19 97 :, TOTAL ADMIBSIONS - 48,496 ' TOTAL CS HOURS PERFORMED 1,559,369 •• DOLLAR VALUE OF HOURB DONE 57,407,002.00 CB FEES COLL•ECTE;D'BY"AOC'-;" !~~'~` ~ $3, 527, 141.00 Community Service WLoik Program, 414 Chestnut St., Ste 302, Wilm, NC 28401 i .' p ` CC: C District'-C}ourt`"'Judge John W. Smith R ent Superi-ort-Court Judge Ernest Fullwood Area Manager Car--ter Dozier 512 N. Salisbury Strcct • P. O. Box 29588 • Ralcigh, North Carolina 27626-OS88 • (919) 733-7974 An Equal Opportunity/AfFir~awe Action Emnlnvcr - _ REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 EZegular Item #: 6 Consent Item #: Additional Item #: Department; County Commissioners Presenter: Pete DeVita Page Count In Agenda Package: Contact: Andy Atkinson (requested by a County Commissioner) UBJE T: Presentation of Concern Regarding Sign Regulation Within the County BRIEF SUMMARY: Mr. DeVita, a member of the Zoning Board of Adjustment, is concerned about the regulations involving signs within the County. He wishes to discuss this with the Board and to offer recommendations to tighten signage regulations, as outlined in the attached letter. RECOMMENDED MOTION AND REQUESTED ACTIQNS: Hear the presentation. FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Buffet Amendment Prepared: I LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear Mr. DeVita and take action as you deem necessary. If the Board of Commissioners feels this is a problem and concern you may wish to direct planning staff to prepare zoning text amendments to the sign ordinance. It is not unreasonable to consider changes and amendments to the sign ordinances given the growth and change in the community. -~-~~-~°~ ~`t R~~ ~PIPI~Q ,~~~ ~ 3 ~~~c~~~ : I~~ .; Refer to Office Vision Bulletin Board for Dispositi e ~~°~~~ ~ ..Pete .~Vt. De"Vita - ~ - ZOO ~nlet~ Point. Road ~ ~~ - - ~ViCmington, NC:z84og ~910~ 392-4641 April28,'-1997 Andy Atkinson ~,~,'r 0 1 191 ' hE~V r;,;~~~,~v~ c~.. '~ MAHq,Eq'S G~ FICE 320 Chestnut Street Suite 502 Wilmington, NC 28401 Dear Andy; Pursuant to our telephone call of4/24/97, I am writing.this letter to inform the County Commissioners of some of the problems we are facing on the Zoning Board of Appeals related to signage ordinances. , New Hanover County is growing at a rapid rate and our Board is being asked, on a regular basis, to grant sign variances to developers of shopping centers, office complexes and strip malls (two at our last meeting alone). In almost all cases, the variances are granted. Developers are telling us, and we agree, that the ordinances often years ago no longer meet the needs of the community and have become cumbersome to developers who are trying to attract anchor tenants for large projects. Developers can easily circumvent the 700 square foot ordinance by subdividing the property into seven or eight tracts. By taking this action, they could legally have five or six thousand .feet of signage, thereby defeating the purpose of the original ordinance. If more realistic regulations were in place; it would save developers this costly step and eliminate the need for so many~variance requests. I suggest some type of formula or schedule-based on the square footage of the development to determine the size of the signs both on the storefront and road side. I would be happy to assist in the development of this measurement method. In the meantime, I would appreciate any guidance or suggestions the Commissioners might have to help us make decisions about these matters which will be in the community's best interests. Ma ha s, ~. Pete 'M. DeVita ' NHC Zoning Board of Appeals ,,,.. _ i-- ~ .. 1, ` 24 ~ . ~ ~a~ r~ ~~ u~ _ ^` ' t._,_. ,.,?r~s !, , .- _ _ REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 E~egular Item #:7 Consent Item #: Additional Item #: Department: Legal Department Presenter: Pale Count In Agenda Package: Contact: Wanda M. Copley SUBJECT: Second Reading: Personal Watercraft Ordinance BRIEF SUMMARY: At the May 5th meeting of the New Hanover County Board of Commissioners, the Board heard the recommendations of the Personal Watercraft Task Force. The Task Force studied public safety issues and environmental issues relating to the operation of personal watercraft. The Task Force presented a draft ordinance to the Board for its consideration. This was approved, but not unanimously, at the May 5th meeting. _ A second reading is required. RECOMMENDED MOTION AND REQUESTED ACTIONS• Adopt the Personal Watercraft Ordinance. rutvul[vc; SVUKC:E: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: KI~V1L' WIC,ll t3 Y' LGL: _ FIN: ~ BUD: HR: N/A AMALLETT CUUNTY MANAGER'S CC Adopt the Personal Watercraft e. I~PP~® , . ~ ~_ ~.El~av~~ ,: ~ 2 5 P~}STP~I~~C~ Refer to Office Vision Bulletin Boazd for Dispositionl~~-..~ ~ ~ 7 ~.. ~fL'Zt/~-l~at! , /'~. ~ ~l2ne.,'S 1=; u r . ~ : ~ 1[ ~ ~ ~ ~.. C~ d. r ~%u..,t~ ~9 7 e f 5 ~.~ 2 ~ 2+~.dvnz,~,ti.+- ,~ c~Jee% irr~ ~c~ c.-e.- `n ~~r~n~~.~_~,~ ~;clu.~e ~ l~ ~ ~_ • " REQUEST FOR BOARD ACTION Meeting Date: 05/05/97 Regular Item #: 4 Consent Item #: Additional Item #: Department: Legal Department Presenter: Arland Whitesides • Page Count In Agenda Package: 8 Contact: Wanda M. Copley • SUBJECT: Personal Watercraft Task Force Ordinance and Recommendations. BRIEF SUMMARY: A group of New Hanover County citizens organized and requested that the Commissioners form a task force to study public safety issues and environmental issues relating to the operation of personal watercraft. Two drafts of the ordinance aze included; one is the original drafr ordinance and one is a draft ordinance by Chairman Robert G. Greer. RECOMMENDED MOTION AND REQUESTED ACTIONS: Personal VJaiercrafr Task Force makes the follo~~-ing recommendations: ' 1) New Hanover County agrees to fund and post signs of PWC ordinances. 2) PWC ordinances shall become effective on the da}' of adoption. 3) Establish a permanent watercraft safety committee to review and implement ordinances and recommendations of the PWC task force and other «~ater uses and safety issues. Representation of ~vatercrafr safety committee shall be as the original P~~'C task force. 4) The New Hanover County Sheriffs Department shall establish a mazine/boat .patrol for enforcement of these PWC ordinances. ~ Federal S: State S: Money Is In Current Budget: Budget Amendment Prepared: County S: 0.00 User Fees S: Other S: 1\ew Appropriation Request: ~LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT AUNTY MANAGER'S COMMENTS AND RECOMMEi~'DATION~, Consider ordinance options. If the Board chooses one of the ordinances or a combination thereof at the May 5th meeting, that may be considered the first reading. If the reading is not unanimous a second reading will "~ be required. _ " 1~PPROifE1~ t,~.~~ ... • P.F.1 ~~TE~ s~ s.2 7 P,EMOVEI~ ~~ Refer io OtTice Vision Bulletin Board for Disposition POS~PQI~~'~i ~' (J~~~ t a AN ORDINANCE OFTNE p~ZAFT -NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board,of Commissioners of New Hanover County, North Carolina, does hereby enact Article XV, Personal Watercraft Safety, to be codified in Chapter 12, Offenses, of the New Hanover County Code: Section 12-143. Definition. For purposes of this ordinance, "personal watercraft" means a small vessel which uses an outboard motor, or an inboard motor powering a water jet pump, as its primary source of motive power and which is designed `to be operated by a person sitting, standing, or krieelirig on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vehicle. Section 12-144. Ooerafor. - . A person shall not lease, hire, rent, operate, or knowingly give:permission to operate a personal watercraft on the waters in this County unless the operator is 16 years of age; provided, however, said prohibition is subject to the following exceptions: (a) A person between the ages of 13 and 16 may operate a personal watercraft if he has completed a boater's safety education course approved by the N. C. Department of Wildlife and Natural Resources, U. S. Coast Guard Auxiliary or National Association of State Boating Law Administrators, and is in possession of the certificate at time of operation. (b) A person between the ages of 13,and 16 may. operate a personal watercraft without certification if accompanied by an adult age 18 or older. The lanyard of the personal watercraft must be attached to the adult. Section 12-145. Reouired Eouiprnent. , , A person shall. not operate a personal watercraft on the waters of New Hanover. County _ unless such personal watercraft is equipped with aself-circling device or a lanyard-type engine cutoff switch. If equipped with aself-circling device, such device must be fully operational If equipped with a .lanyard-type engine `cutoff switch,`the lariya~d'must be attached to the operator's clothing; body, or ~ . personal flotation device. Section 12-146. Seed. - In the following specified areas, no person may operate a personal watercraft in excess of headway speed which shall not exceed five mph: (a) Within the posted waters of the University of North Carolina at Wilmington Research leased area. , (b) Within fifty (50') feet of posted waterbird sanctuaries or management areas. (c) Within fifty (50') feet of a person in, the water oran anchored vessel. (d) Within fifty (50') feet of a pier or dock in the waters of, New Hanover`C.ounry excluding ~' the waters of the Intracoastal Waterway. (e) Within the New Hanover County waters of the Atlantic Ocean, a person may not `~ operate a personal watercraft at any time in excess of headway speed which sha{I not exceed five mph wi~t~ fifty (50'.) feet of persons in the water or surf fishermen. ~ Q (f) Within twenty-five (25') feet of marsh or shore within the following areas: (1) Bounded by the Atlantic Intracoastal Waterway to the west, Shinn Creek to the south,' Banks Channel to the east and Motts Channel to the north. (2) Bounded by the Atlantic Intracoastal Waterway to the west, Lee's Cut and the Highway 74 bridge extending across the waters of Banks Channel within the Town of Wrightsville Beach, North Carolina to the south, the mainland of the Town of Wrightsville Beach to the east, and the creek leading from the Atlantic Intracoastal Waterway to Mason's Inlet to the north. (3) Bounded by the Atlantic Intracoastal Waterway to the west, Masonboro Island to the east, Masonboro Channel to the north, and Carolina Beach Inlet to the south (this marsh area is within the boundaries of the Masonboro Island component of the North Carolina National Estuarine Research Reserve System). Section 12-147. Wildlife. In accordance with N. C. General Statute 113-291.1, it shall be unlawful for an operator of a personal watercraft on the waters in New Hanover County to chase, harass, molest, or disturb any wildlife except when lawfully angling for, hunting or trapping such wildlife. Section 12-148. Sale. At the time of purchase, a dealer in personal watercraft shall require the buyer of a personal watercraft to view a safety video addressing safe operation of the watercraft. Section 12-149. Lease. A personal watercraft livery owner or the livery's agent or employee shall: (a) Post personal watercraft regulations; (b) Require all renters to read the regulations; (c) Require all renters to sign a rental contract, containing a clause stating that the renter read and understood all applicable safety regulations; and (d) Require all renters to view a New Hanover County approved video relating to personal watercraft safety operation. Section 12-150. Penalties. 1 Any person who shall violate the provisions of this Article shall be guilty of a Class 3 misdemeanor punishable by a fine of not more than Two Hundred and Fifty Dollars ($250.00) or imprisonment for not more than twenty (20) days, in the discretion of the Court, as provided by Section 14- 4 of the General Statutes. This the day of (SEAL) ATTEST: Clerk to the Board .1997 NEW HANOVER COUNTY Robert G. Greer, Chairman Board of Commissioners 29 y, ,v 1 1 1 1 1 1 1 1 1 1 A 1 1 I 1 1 .REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: 8 Consent Item #: Additional Item #: Department: County Manager Presenter: - Pa e Count In A enda Packa e: Contact: Dave Weaver ~ • SUBJECT: Second Reading: County Code Amendments (Chapter 11, Article V) BRIEF SUMMARY: The attached draft drainage ordinance concerning ditch maintenance (except Section 11-90) were voted on favorably by the Board at a first reading at the May 5th meeting. Because the vote was not unanimous, a second reading is required: RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board should consider the draft regulations. r uN~INV SuuKC:~: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: tcrvvi~vvr,u tsx: LGL: FIN: BUD: HR: Recommend approval. ~C !`ll1~iTM~'NTC A NTl T?T.'(`(1MMTi'NTl A TT(1NC. ~p~ROVED ?. . ESECI"ED ~ ~~~a~Ea ~~I 31 P~STPOiVED = l Refer to Office Vision Bulletin Board for Disposition "~~~'~ , ~~ f ri _. ~'~~ AN ORDINANCE - ~' OF THE <~~~~~ NEW HANOVER COUNTY DRAFT ... . BOARD OF COMMISSIONERS ` - The Board of Commissioners of New Hanover County; North Carolina, does~hereby ordain that a~ new section, to~be captioned Article V, Drainage; shall be added to Chapter T1, Nuisances; New Hanover County Code, as follows: , . • , :. , ; - Article V. Drainage. Section 11-90. Drainage Nuisance. . _, _ It shall be unlawful for any person to cause, Permit„maintain, make, allow or contribute to the. creation or existence of a drainage nuisance. ~ - :,~ ~. Section 11-91. Notice to Abate. Whenever a drainage nuisance is found. to exist within the County, the County Engineer or some" other duly designated officer of the County shall give written notice.to abate directed to the owner and/or: occupant of-the property upon which such nuisance exists or upon the person causing, allowing or continuing the drainage nuisance. Section 11-92. Contents of Notice. The notice to abate a nuisance issued under the provisions of this chapter shall contain: (a) An order to abate the drainage nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances. (b) The location of the drainage nuisance. (c) A description of what constitutes the drainage nuisance. (d) A statement of facts necessary to abate the drainage nuisance. (e) A statement that if the drainage nuisance is not abated as directed and no request, , for hearing is made within the prescribed-time, the County may abate such nuisance and assess the cost thereof against such person. ~ , Section 11-93. Service of Notice. - The notice to abate a nuisance may be served as any other legal process pursuant to law. ; Section 11-94. Abatement by Countx.~ - Upon the failure of the person upon whom notice to -abate a-drainage nuisance was served- - pursuant to the provisions of this chapter to abate the same, the County Engineer or other duly designated officer of the County shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof. r . n, ,~-. .+R ~,~ "1"" ~ - rw ... =u.., k ,.. Section 11~-95.`'County's Costs Declared Lien. ~~ Any and all costs~~'incurred by the County in the abatement of a drainage nuisance under the ~-~ p ons of this chapter'shall constitute a lien against the property upon which such nuisance existed, ~Y h which .fen shall be<filed~witfi~th'e+tax administrator and collected in the same manner as provided for the ,- DRAF7 AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, Ndrth Carolina, does hereby ordain that a new section, to be captioned Article V, Drinage, shall be added to Chapter 11, Nuisances, New Hanover County Ccde, as foilcws: Article V. Drainace. Sec'~on 11-90. All prop owners shall mai -in swales, ditches, d other drainage w s situated on their property, as shown n an approved sub vision plat recorded i the New Hanover unty Registry of eeds, such that dray -ge shall not be imp ded. Failure to so m ~ntain swales, ditche and other dr ~ age ways shall con titute a drainage nui nce hereunder. Section 11-91. Obstruction Prohibited. No person shall fill, pipe, alter, or place materials (including but net limited to rubble and vegetative debris) within or around an existing swale, ditch, or other drainage way, without prior written approval of the County Engineer. The person desiring to secure such County approval shall provide engineering calculations for any drainage modification, if required by the County Engineer. Unapproved obstructions of swales, ditches, or other drainage ways shall constitute a drainage nuisance hereunder. Section 11-92. Drainace Nuisance. It shall be unlawful for any person to cause, permit, maintain, make, allow or contribute to the creation or existence of a drainage nuisance. Secticn 11-53. Notice to Abate. Whenever a drainage nuisance is found to exist within the Ccunty, the County Engineer or some other duty designated officer of the County shall give written notice to abate directed to the owner and/or cccupant of the prcperty upon which such nuisance exists or upon the perscn causing, allowing cr continuing the drainage nuisance. Section 11-94. Contents of Notice. The notice to abate a nuisance issued under the provisions of this chapter shall contain: (a) An order to abate the drainage nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances. (b) The Iccation of the drainage nuisance. (c) A description of what constitutes the drainage nuisance. (d) A statement of facts necessary to abate the drainage nuisance. (e) A statement that if the drainage nuisance is not abated as directed ar,d no request for hearing is made within the prescribed time, the County may abate such nuisance and assess the cost thereof against such person. ".~;I~r` .~'~~~fl ~IGf~1EG~ ~.PPROVED ~! =.~ CTFD ='~~'viOVL"D °~_ ~S T POND ~~ ~ ~~~~ Section 11-95. Service of Notice. The notice to abate a nuisance may be served as any other.legal process pursuant to law.. Section 11-96. Abatement by County. Upon the failure of the person upon whom notice to abate a drainage nuisance was serried pursuant to the provisions of this chapter to abate .the same, the County Engineer or other duly designated officer of the County shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof. Section 11-97. County's Costs Declared Lien. Any and all costs incurred by the County in the abatement of a drainage nuisance uhder the provisions of this chapter shall constitute a lien against the property.. upon which such nuisance existed, , which lien shall be filed with the tax administrator and, collected in the same manner as provided for the collection of ad valorem taxes. Such lien shall be notice to ail persons from the time 'of its filing with the tax administrator and shall bear interest at the legal rate thereafter until satisfied. Section 11-98. Administrative Hearing. At any time before the expiration of the period scecified in the notice to abate'cr specified for payment of the civil citation, the owner or occupant of the property or, in the instance of a citation the party cited, may request a hearing before the County Manager, or the Manager's designee, at the Manaeer's election. The request for a hearing must be in writing and must be filed in the ofce of the Manager. Tne Manager or his designee shall fix a time for the hearing, and the initial abatement order or citation ~' collection may be temporarily suspended pending such hearing. At the hearing, the individual affected by the order or citation shall be given the opportunity to present evidence to refute the findings that supocrt the abatement order or citation. Upon completion of the hearing, the Manager, or his designee, shall consider the evidence before him and shall either revoke the initial order, issue a final order that differs from the initial order, cr reinstate the initial order as a final abatement order, or in the instance of a citaticri, affirm or nullify the civil penalty. Section 11-SG. Civil Citation. The County Engineer or other duly designated or~cer may issue a citation which subjects the offender to a civil penalty of One Hundred Dollars (5100.00) for the first offense, Three Hundred Dollars (5300.00) for second offense, and Five Hundred Dollars (5500.00) for a third or subsequent offense: The penalty may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited. Violation of this 2rticle shall result only in civil penalties and/or civil action set forth herein, and shall not entail criminal sanctions. Each day of a continuing violation shall constitute a separate offense under this article. This the day of , 1997 [SEAL) ATTEST: NEW HANOVER COUNTY Robert G. Greer, Chairman Board of Commissioners Clerk to the Board collection of ad valorem taxes. Such lien shall be notice to all persons from the time of its filing with the tax administrator and shall bear interest at the legal rate thereafter until satisfied. ,,~,,, Section 11-96. Administrative Hearin4. "' At any time before the expiration of the period specified in the notice to abate or specified for payment of the civil citation,.the owner or occupant of the property or, in the instance of a citation the party ' cited, may request a hearing before the County Manager, or the Manager's designee, at the Manager's election. The request for a hearing must be in writing and must be filed in the office of the Manager. The Manager or his designee shall fix a time for the hearing, and the initial abatement order or citation collection may be temporarily suspended pending such hearing. At the hearing, the individual affected by .,the order or citation shall be given the opportunity to present evidence to refute the findings that support the abatement order or citation. Upon completion of the hearing, the Manager, or his designee, shall consider the evidence before him and shall either revoke the initial order, issue a final order that differs from the initial order, or reinstate the initial order as a final abatement order, or in the instance of a citation, affirm or nullify the civil penalty. Section 11-97. Civil Citation. The County Engineer or other duly designated officer may issue a citation which subjects the ,~ offender to a civil penalty of One Hundred Dollars (S100.00) for the first offense, Three Hundred Dollars (S300.00) for second offense, and Five Hundred Dollars (S500.00) for a third or subsequent offense. The penalty may be recovered by the County in a civil action in the nature of debt if the offender does not pay the penalty within twenty (20) days after being cited. Violation of this article shall result only in civil penalties and/or civil action set forth herein, and shall not entail criminal sanctions. Each day of a !! continuing violation shall constitute a separate offense under this article. IA .This the day of , 1997 [SEAL) NEW HANOVER COUNTY ATTEST: Robert G. Greer, Chairman Board of Commissioners Clerk to the Board 33 34 1 1 REQUEST FOR BOARD ACTION , Meeting Date: 05/19/97 Zegular Item #: 9A Consent Item #: Additional Item #: department: Planning ~ Presenter: Dexter Hayes 'age Count In Agenda Package: Contact: Pete Avery SUBJECT: Public Hearing Item A: Subdivision Text Amendment Continued Item Consideration to Modify the Approval Period and Vesting Requirements of Preliminary Subdivision Plans (A-279, 4/97) BRIEF SUMMARY: Consideration to modify the approval period and vesting requirements of preliminary subdivision plans. (A-279, 4/97) This was presented at the May 5th meeting, but not fully considered because the last page was inadvertently omitted. RECOMMENDED MOTION AND REO,".~1ESTED ACTIONS• The Planning Board recommends the amendment be adopted., r ulv~livy SUURCE: Federal S: State S: County S: User Fees S Other S: ~1tiloney Is In Current Budget: Budget Amendment Prepared: New Appropriation Request: ~ LGL: FIN: BUD: HR: COUNTYMANA ER'S OMMENTS AND RE OMMENDATiONS• Ei" ~~ ~ ~ ~; l~~l~o~~ _ ~ 3 5 ~®s~r~~ Refer to OfLce Vision Bulletin Board Cor Disposi~t~io~n~~"" ...~~~~,, .1'~ ITEM A Subdivision Text Amendment, Continued Item- Request by the New Hanover Board of County Commissioners to modify the approval period and vesting requirements of '~- preliminary subdivision plans. (A-279, 4/97) (NOTE: This item was discussed at the Commissioners' May 5, 1997 meeting. However, because the proposed revision language was inadvertently excluded from the agenda package, the Board didn't feel comfortable making a decision. Thus, the item was continued to the May 19, 1997 meeting.) ~ ' Planning Board Summary There were few comments about this change, except for some~questions raised by a lender concerning the on-going viability of a project that may suffer from economic down-turns. Since most projects are developed in phases, most Board members felt the risk would be limited. They recommended the Ordinance be amended as proposed by a vote of 4 to 3. Planning Staff Summary The following amendment was previously discussed and approved by the Planning Board in 1994. Following recent discussion wit_ h the County Commissioners, they have expressed an interest in adopting an expiration period for preliminary plans that parallels State law concerning vesting. Staff is re-submitting the original 'proposal ~ ' "Vesting of Subdivision Plans i n' Sho~ild the Couirty require the re-approval of subdivisions that become inactive or are not completed within a specified period of time? Back_ round Currently, once a final plat for a portion of a subdivision is approved and recorded by the county, that entire preliminary development plan becomes vested for an unlimited period of time. In other words, once any portion of a development goes on record, (even a single lot), that development does not have to seek reapproval of its preliminary site plan, no matter what period of time elapses between the. recording of various`sections of the plan. One obvious problem that is evident in this process is the increasing backlog of preliminarily approved subdivisions that no longer comply with current regulations and standards established by the County. There are currently over 5,000 plus lots that have received preliminary approval and are awaiting recordation. Many of these subdivisions are very old. Further, some of these projects have gone through bankruptcies and several owners, yet the County is unable to apply current development standards for their completion. -Recent egislation by the State suggests that the vesting period should be two years. ~. ~:. .,_ ~ ~ .;,',; nr~w~ 36 ~_~ c~.~ y :,,~ .~. ~...~...,..,r .,w <1~~ .,_ ~_._ .. ~ - --- Wi'''t Existin~Ordinance ;~ - .33(2) The subdivider shall submit a final plat for all or part of the approved preliminary plan within one year of the preliminary approval date. Otherwise, the preliminary plan approval shall become void, unless an extension of time is applied for prior to the. expiration on one year. -The Planning Director may approve one year extensions of preliminary plan approval. ~~. proposal- Revise 32(2) to read: 33(2) The subdivider shall submit a final plat for all or part of the approved preliminary plan within 24 months of the relimina a royal date. If a final lat P rY PP P or section thereof is not submitted within this 24-month time limits, or if there is a lapse of more than 24 months in the submittal of any subsequent section, the plat must be resubmitted as a relimina lan in accordance with this Ordinance. P rS' P Otherwise, the preliminary plan approval shall become void, unless an extension of .time is applied for prior to the expiration of 24 months. ~: ~' ^ 38~ t 1 1 1 1 1 A 1 l 1 REQUEST FOR BOARD ACTION _ Meeting Date: 05/19/97 Regular Item #: 9B - Consent Item #: ~ Additional Item #: Department: Planning . • • ~ ~ •- - ~ Presenter: ~~ - Pa e Count In A enda Packa e: Contact: Pete Ave ~ - SUBJECT: Public Hearing: Subdivision and Zoning Text Amendments-Continued Item BRIEF SUMMARY: Reinstitution of parks, recreation and open space requirements for residential subdivisions (A-280, 4/97). Examples of how these requirements could impact the cost of a residence will be provided to the Board under separate cover at the staff meeting on Thursday, May 15, 1997. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends adoption of the Text Amendment. FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ~LGL: FIN: BUD: HR: _~ COUNTY MANA ER' COMMENT AND RECOMMENDATIONS• I~PPROVE~ .....-- ~?E.IECTED ~El~OVED ~ 3 9 P®STP®N€ ), Refer to Office Vision Bulletin Board for Disposition ~~~~ ~ ~ ,/ ~ ~?~~vv' v ~ /' ITEM B Subdivision and Zoning Text Amendments; Continued Item: Consideration of Reinstituting Parks, Recreation and Opens Space Requirements for Residential Subdivisions. (A-280, 4/97) ~ ~. (NOTE: This item was discussed at length at the Commissioners' May 5, 1997. meeting. . However, after deciding that additional information was needed, the Board voted to continue the item to its May 19, 1997 meeting. In the interim, Staff was directed to provide specific examples as to how the procedure worked and more specifically, how much additional cost it would add to anew subdivision.) ~ ~ ~ . Planning Board Summary After discussing some issues raised by Parks Director Neal Lewis concerning his Board's desire to not to get into the mini-park business with areas smaller than 3 acres and the maintenance responsibilities involved in those facilities, the Planning Board felt the proposal allowed the County to reject those kinds of facilities at its discretion. There was also some concern that the 3 acre per 1,000 population would only address "neighborhood parks", leaving a need for more regional and community wide facilities, such as soccer and softball. fields. Also, the Board discussed implementing a flat rate per dwelling . ~, Despite these shortcomings, the Planning Board voted 5 to 2 to recommend approval of the proposed ordinance. Planning Staff Summary Background In November 1986 New Hanover County adopted a park facilities impact fee linked to the development of residential subdivisions. Its purpose was to ensure that adequate public park facilities be available for use by future residents of new subdivision development. From its adoption to its eventual rescission in October 1989 over $120,000 in payments in lieu of land dedication was received by the County. At the time the average fee was about $33 per dwelling. Based on the- total number of lots that have been recorded since the park impact fee was rescinded, approximately $275,000 would have been collected. And if the flat rate of $75 suggested in 1989 had been adopted, the total collected would have exceeded $600,000. In October 1989, a proposal spearheaded by Staffand the Parks and Recreation Advisory Board to revise the park facilities fee to a flat rate of $75 per dwelling unit was not only rejected but culminated with the complete rescission of the impact fee process. The purpose of the revision at the time was to promote a more equitable system in determining the fees. The old system used a complicated set of variables that in practice.made it difficult to collect adequate fees in areas of the County where land values were relatively low~but;needs for facilities were just as great. The Commissioners decided to repeal the fee at the time because.they felt it was unduly burdensome. Also, looming at the time was a gene>~ ®nd referendum..for the' construction of the Senior Center and park land acquisition. The Wilmington/Cape Fear Ho'mebuilder's Association opposed the fee, saying park improvements and land acquisition should be funded from the general ad valorem tax system. In response to the area's rapid population growth and the growing need to provide adequate public park facilities, the New Hanover Board of County Commissioners suggested at its January retreat that that the park impact fee be reconsidered. The proposal that follows is basically the current requirement for the City of Wilmington. Though it is a departure from the County's original process it is probably the most equitable alternative. PROPOSED REVISIONS 1~ 52-7 Park Faciliti es Every subdivider of land for residential purposes shall dedicate a portion of such land, as set forth herein, for the purpose of providing park, recreation and open space areas to serve the residents of the immediate neighborhood within the subdivision. 1. ~ Amount of Recreation Area Required A. The amount of park, recreation or open space areas to be provided shall equal .0030 acres (130.68 square feet) per person expected to reside in the ~` development. For the purposes of this section, one-bedroom dwelling units shall be deemed to house an average of 1.4 persons, two-bedroom 2.2 persons, three- bedroom units 3.2 persons, and units with four or more bedrooms 4.0 persons. . ~= In residential subdivision that are not approved as architecturally inte rated g subdivisions; each lot that is large enough i`or only a single dwelling unit shall be ~~ deemed to house an average of 3.2 persons. Each lot that is capable of accommodating more than one dwelling unit shall be deemed to house 2.2 persons for each dwelling unit that can be accommodated. The term "dwelling i unit" shall have the meaning set forth in section 23-11 of the Zoning Ordinance. B. Park, recreation or open space areas shall be of such minimum dimensions as to be functionally usable and maintainable. Residential subdivisions that are small enough so that the amount of required park, recreation or open space area does not exceed ten thousand (10,000) square feet shall be exempt from providing on- site park, recreation or open space areas when the board determines that (I) the on-site park, recreation or open space area cannot be combined with such areas ~' serving adjacent property to form a~functionally usable and maintainable area; or v (ii) the recreational needs of the development can be adequately met by existing or planned county-owned park, recreation or open space areas located close ,~ enough to such development to reasonably serve its residents. In determining the size of a subdivision for the purposes of this subsection, the Planning Board shall consider the entire project developed on a single tract or contiguous multiple tracks under common ownership, regardless of whether the subdivision is constructed in phases or stages. The developer of any subdivision that is exempt from providing on-site park, recreation or open space areas shall pay a fee to the County in lieu thereof, to be used by the County to acquire recreation areas serving the development within the immediate area of the subdivision. Such fee shall be determined and paid as provided in subsection (IV) herein. ~~ 41 1F" L II. Standards for Park, Recreation and Open Space Areas Except as otherwise approved by the Planning Board, all park, recreation and open space areas shall meet the following criteria: _ A. Unity .. ... ~ .. : ~ .. .::. -. ~ ... The dedicated land shall form a single parcel of land, whether or not the . subdivision is developed in~phases or sections, except where it is determined by the Planning Board that two (2) or more parcels would be in the best interests of the residents of the, subdivision and the public; and in such case, the Planning Board may require that such parcels be connected by a dedicated strip of land at least sixty (60) feet in width. ` ' B. Usability At least one-half of the total land dedicated must be (1) located outside floodplain areas and outside the County's Resource Protection areas and wetland areas under the jurisdiction of the~U.S. Army Corps of Engineers, and (2) usable for active recreation: ~~ C. Shape The portion of dedicated land. to be used for active recreation shall be of such a shape to be usable for active recreational facilities including but not limited to .tennis courts, swimming pools, exercise"rooms, clubhouses, athletic fields, golf courses, basketball courts, swings, slides and play apparatus. D. Greenways If part of the open space is a greenway, the land shall be a continuous linear parcel through the subdivision of at least thirty (30) feet in width. E. Location The dedicated land shall be located Aso as to reasonably serve the recreation and open space needs of residents of the immediate neighborhood within the subdivision (s) for which the land'dedication is made. The Planning Board may require that land be located on th'e periphery of the subdivision in order to allow the enlargement by combining such areas with park, recreation or open space areas serving adjacent property or_owned or to be"acquired by the County. F. Access All dwelling units in the subdivision shall have free, easy and convenient ingress - and egress to and from the park, recreation and open space areas provided within the development by~means of improved streets or public walkways. Rights-of- way for such access shall be shown. on the preliminary subdivision plan. G. Topography 4 ~ The average slope of the portion of dedicated land deemed usable for active recreation shall not exceed the average slope of the entire subdivision to be ,~ developed, and in no ease shall the slope of the land dedicated be greater than ~~ fifteen (I S) percent. ~~ H. Natural Lakes or Ponds or Required Stormwater Detention/retention Facilities These shall not be accepted by the County to fulfill the requirements set forth by this section. "' I. Landscaping Park, recreation and open space areas shall be landscaped and shall be provided with sufficient natural or manmade screening or buffer areas to minimize any negative impacts upon adjacent residences. J. Encroachments The park, recreation and open space areas required by this section shall exclude roadways, parking areas and other accessory uses except recreational facilities. K. Consistency with Master Parks Plan If any portion of any subdivision proposed for residential development lies within '~ an area designated on an officially adopted master parks plan as a park, such area (not exceeding the amount required to be dedicated as set forth in this section) shall be included as part of the area set aside to satisfy the requirements of this '~` section. This area shall be dedicated to ublic use. P L. Recreational Facilities - ~( The Plannin Board ma re uire the installation of recreational facilities after g Y q considering (I) the character of the park, recreation and open space area; (ii) the estimated age and the recreation needs of persons likely to reside in the development; (iii) the proximity, nature, and excess capacity of existing ~, recreational facilities; and (iv) the cost of the recreational facilities. III. Procedure for Dedication of Land ~ A. Designation of Land to be Dedicated The developer shall designate on the preliminary subdivision plan, the area or areas to be dedicated pursuant to this section. `~~ . B. Review of Land to Be Dedicated ~~ ~ Upon receipt of the preliminary subdivision plan, the Planning Department shall submit a copy thereof to the Parks Director for review. The Parks Director shall submit any and all recommendations concerning the land to be dedicated to the ~~r Planning Board at its next scheduled meeting. C. Ownership The type of ownership of land dedicated for park, recreation or .open space purposes shall be selected by the owner, developer, or subdivider,; subject to the ~~ approval of the Planning Board. Provided, however, any of such areas incl in a master parks plan shall be dedicated to the county. The type bf ownet~~ ~- 1` may include, but is not necessarily limited to, the following: 1) The county, subject to the acceptance by the Board of County Commissioners; ~' ~ 2) Other public jurisdiction or agencies, subject to their acceptance; ~~ 3) ` ~ ~~ Homeowner, condominium, or cooperative associations or organizations; or 4) Shared, undivided interest by all property owners in the subdivision. IV. Payments in Lieu of Dedication A. General Provisions When the Planning Board determines (upon the recommendation of the Parks Director) that the park, recreation and open space needs of a subdivision can also be adequately met by facilities constructed or to be constructed on County- owned property or property to be acquired by the County within a reasonable time that is located close enough to such subdivision to reasonably serve its residents, the Planning Board may authorize the subdivider to make a payment to .. the County in lieu of dedication. The Planning board may also authorize a combination dedication and partial payment in lieu~of dedication when such is determined 'to be in the best interest of the citizens of the area to be served. B. Procedure The subdivider shall include with the application for preliminary plan approval, a letter requesting approval to make a payment in lieu of dedication. The letter shall include the proposed per acre value and the basis for the determination of such value. ° Upon receipt of the preliminary subdivision plan, the Planning Department shall submit a copy thereof with the letter requesting a payment in lieu of dedication to the Parks Director. The Parks Director shall submit any recommendations concerning the request to the Planning Board at its next scheduled meeting. C. If the Planning Board approves a payment in lieu of dedication, the amount of such payment shall be the product of the number of acres to be dedicated as outlined above, and the average fair market value of the land being subdivided at the time of the submission of thepreliminary subdivision plan. The Planning Board shall determine the average fair market value of the land based on the value of the land for property tax purposes, the information submitted by the subdivider and other relevant information such as comparable sales. D. Use of Payments in Lieu of Dedication All monies received by the County pursuant to this section shall be used only for the acquisition or development of recreation, park, or open space areas that will benefit the new subdivision residents. E. Required Payment in Lieu of Dedication In the event the Planning Board finds that a land dedication does not meet the 44 long range plans of the county, it shall require payments in lieu of a dedication. F. Time of Payment . If a payment m heu of dedication is authorized, such payment shall be made before recording the final plat for the subdivision. If a subdivision is developed in phases, a payment relating to each phase must be made prior to the recording of . ~ a final plat for each phase. Zoning Ordinance Amendment ,~~ 51.5-2 Performance Residential I1. Add the following: ~~ (d) Land dedicated for parks, recreation, and green space to satisfy the requirements of the Subdivision Ordinance. °~ 12. Amend as f llow o s Any additional land designated as open space may be used in calculating the density for a proposed development and may be retained by the developer, subject to .the provisions of Section 69.1 hereof. ~- , ;~,° , ~, ,~° .~a ~~~ ~° . This page intentionally left blank 46 1 t i 1 if ~y t r. f + Examples of Parkland Dedication . or Fee Requirements for Residential Subdivisions A. Halcyon Forest: (Nlasonboro Sound) -Approved 1995 Lots: 61 Acreage: 26.5 Household size: 3.2 persons Market I/alrre per acre: $21,453 (1995) . Recreational acreage required: (Acreage x No. of people =park land required) 13068 sq. ft. x (195 people) = 25,508 sq. ft. or .585 acres park land required *Fee in lieu: (Acreage value x No. of acres =park fee)' $21,453 x .585 = X12,562 Total Park Fee or x'205.94 pcr Lot B. .Lords Creek (Federal Point) -Reapproved 1996 _ Lots: 269 Acreage: 108.5 Household size: 3.2 persons . ~'nmparahle~ Value per Acre: $26,000 *Recreational Acreage Required: (Acreage x No. of people =park land required) 130,68 sq. ft. X (861 xpeople) = 112,515 sq. ft. or 2.58 acres park land required *Fee in lieu: (Acreage value x No. 'of acres =park fee) $26,000 x 2.58 acres = 567,00 Total 1'arl.' Fee or 529..36 per 1_ot C. Emerald Forest (Middle Sound) Approved 1996 Lots: ~ 122 Acreage: 72.1 Household size: 3.2 persons Tmc Value per Acre: $4,474 (1991 tax value) *Recreational Acreage Required: (Acreage x No. of people =park land required) 130.68 sq. ft. x (390 people) = 47,580 sq. ft. or 1.09 acres park land required *Fee in lieu: (Acreage value x No. of acres =park fee) $4,474 x 1.09 acres = 54, 876 Total Park Fee or $39.97 pcr Lot ~S A WILMINGTON WILMINGTON FEDERAL POINT RIGHTSvILLE BEACH . ,. MASON BORO ~~ . ~~ ,Q ~~ Q ~._ AROLINA I : ..BEACH ")~ , ~/ ~`i 21 _ ~ --, BEacH . ~~ N NO~;ER ~1 ~` ' ,~ ~~~ ~ ~ ~EP~R~~tENT ~~ j~ «K... ~~. ~.., ~ZN~A ~f r TOWNSHIPS NEW HANOVER COUNTY A. Halcyon Forest B. Lords Creek C. Emerald Forest ~~~ r Regular Item #: 10 Consent Item #: Additional Item #: Department: - ~ ~ ~ Presenter: Dave Weaver Page Count In Agenda Package: Contact: Dave Weaver REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 SUBJECT: Consideration of Contract Termination with City of Wilmington Concerning MAPS BRIEF SUMMARY: The geographic information system Management and Planning System (MAPS), has been jointly and equally controlled by the County and the City of Wilmington since its inception approximately 12 years ago, based on the attached inter local agreement (ILA). Because the ILA requires both County and City approval to take any action, the ILA can and has led to ineffective decision-making, and an uneven commitment of resources. The County should assume control of MAPS, with an avenue for significant input from the City, in order to resolve any problems. MAPS is a County-wide information system and the County maintains the maps data-base, which is the digitized tax land parcel records. The County is the logical jurisdictional management entity for MAPS. Although the present ILA allows for its modification, repeated discussion between City and County staff has failed to resolve this management issue. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Board of Commissioners are requested to terminate the existing ILA with the City, as allowed in section 4 of the ILA, with the effective date being July 1, 1998. At that time, the County's annual cost may increase by $50,000 to $75,000. Considering the County's large investment in MAPS and its importance to the Tax Department and other County functions the additional cost would be well-invested. FUNDIr ~~ Federal S: l State S: County S: User Fees S: Other S: (Money Is In Current Budget: Budget Amendment Prepared: New Appropriation Request: ~LGL: FIN: BUD: HR: ~ COUNTY MANAGER'S COMMENT AND RE OMMENDATIONS• I support staff recommendation to streamline the decision-making process and to assume control of MAPS. In view of the County-wide importance of MAPS, the County's present investment in~M~jS, and its significance to tax and other County functions, I believe this is the proper direction to tal. ~. ,...,n.,~-.~,--,~-- V _/~ .~a t~E.9ECTE® ~.. F~ ~ . 7 ~'~EMOYE~ ~:~1 Refer to Office Vision Bulletin Board for Disposition®S,T~~E,~, -,> . STATE OF NORTH.CAP.OLINA ~ _ CONTRACT N0: S 1-185 COUNTY OF NEW HANOVER INTERLOCAL AGREEMENT FOR JOINT ACQUISITION, • DEVELOPMENT AND OPERATION OF AN AUTOMATID, GEOGRAPHIC-BASED INFORMATION SYSTEM ' /z THIS AGREEMENT, made this the ~~ day of / ~~L-. •, 19~, by and between the CITY OF WILMINGTON, NORTH CAROLINA (hereinafter called "CITY"), a municipal Corporation located in New Hanover County, North Carolina; and NEW HANOVER COUNTY, a political subdivision of the State of North.Caro~Iina (hereinafter called "COUNTY"):' ~' WITNES S ET H: In consideration of the mutual benefits inuring to the parties hereto, it is hereby understood and agreed as follows: 1. Purpose of and Authority for Contract The.CITY and COUNTY are desirous of jointly developing and operating a geographic-based..information system to support .a variety of local government management and planning ,f unctions. This contract is authorized i~ part by N:C.G.S. 160A-461 'and 153A-445. 2.. Scope of Agreement The provisions of this agreement apply to all aspects of the • acquisition, development and operation of said system .(hereinafter called "MAPS"). The provisions apply to existing data processing and other CITY or COUNTY operations to the extent that those operations are affected by the t-~APS project as determined by the advisory group defined in Section~7 below. 3. Term This agreement shall become effective upon the date written abov e and shall remain in effect indefinitely, unless otherwise terminated as provided in Section 4 below. . 4. Termination The agreement may be terminated by either party .upon one year's written notice provided that such termination of this agreement shall be--ef-feative--on--t;heg,last day of the fiscal year of the parties, and the notice•~of._t~ermination must be given at least one (1) year prior to the 4 Q effective ~date~~~o~f~,;t;•e`rmination. In such an event, the party seeking V termination shall*b_e^~~gobligated to fulfill any outstanding financial ~.,J ~>.~s X. a.J • . ^'` .: ,~, responsibilities related to the project, shall provide copies of any and all software, data and documentation jointly purchased or developed ~, as a part of MAPS and shall continue to keep updated and maintain system elements in accordance with agreements, either formal or informal, in effect at the time of such notice. The notice shall state - reasons for the terminating party's intention to terminate the agreement and shall state what remedial actions are necessary to avoid termination. Termination shall result in forfeiture of all rights and ownership . ~ in MAPS by the terminating party, at the discretion of the remaining party. ~~ S. Funding and~Ownership Costs associated with the basic system elements shall be funded on an equal basis. These elements include the system's central processing ' -unit and associated storage, control and.communication devices;' operating software generic to a geographic information system; database '~' conversion costs associated with development of a parcel file; personnel costs directly related to system support and operation; and service costs (e.g. maintenance contracts, software subscription, etc.) - related to these elements. Each party shall have an undivided one-half ~! (1/2) interest in all property comprising the basic system elements and access to the•property shall be on an equal basis. ~. Costs of peripherals such as workstations, terminals and printers shall be borne by the .respective party, who in turn shall have sole ~ ownership of such devices. Service costs associated with these items ~ shall be funded based on ownership. All other system costs, such as additional software packages or database conversion, shall be funded by the party proposing the ~. ~ addition unless otherwise determined by the Advisory Group identified in Section 7 below. Each party shall have an undivided one-half (1/2) c interest in all such items. ' 6. S stem Acquisition ~~ The CITY and COUNTY shall be equally involved in the review and selection of the system'. The CITY'S purchasing procedures .will be used to solicit separate bids from qualified vendors for the basic system, database conversion and peripherals. Both parties shall have the right ,, to reject bid proposals. IIpgrades or other changes to the system must be mutually agreed upon by both parties. ~r 7. S stem Management -~ Overall planning, coordination and direction of the system shall be provided by an Advisory Group consisting of six members. The CITY and COUNTY managers shall appoint three members each from their respective staffs. The term of appointments shall be at the discretion ~' of the managers. The Advisory Group shall elect a chairman to cal ~d ~ conduct meetings. Frequency of meetings shall be determine y t e 2 • + .+ Advisory Group; however, the Advisory Group shall meet no less than once. every three months. '~ The Advisory Group shall adopt a, plan identifying system ~~ applications and their sequence of development.. Proposals for new . applications, plan amendments ,, modifications to the system configuration or other changes affecting the operation of the system must be approved by the Advisory Group prior to implementation. The Advisory Group shall establish policies and fees related to providing. service to outside users. Fees for such services shall be used to offset the cost of operating and developing the system. Implementation of the approved system development plan shall be _ the primary responsibility of a jointly funded staff. Other duties of this staff include daily operation of the system and providing technical support to system users. On-going development and maintenance of'system applications shall be pet'formed by various .operational units in accordance with the approved development plan. The-CITY shall provide administrative support, including physical facilities, -for the .operation of the system with the Advisory Group ~'ng responsible for personnel selection and evaluations. ` _ . 8. Payments The CITY shall provide a statement t'o the COUNTY of the COUNTY'S .share of the costs of the basic system, database conversions and peripherals in accordance with the payment schedule established in the w ,contract for the purchase of such items. COUNTY shall make payment to the CITY within fifteen (15) days of the receipt of such statements. The CITY shall provide a statement to the COUNTY annually on January 1 of each year of this agreeme.nt,of the COUNTY'S share of the cost of the personnel occupying the position assigned to the implementation, daily operation and technical support of the system. The COUNTY shall make payment to the CITY within 'f if teen (15) days of the receipt of such statements. 9. Conflict of Interest No paid employee of the CITY or COUNTY shall have a personal or financial interest, director indirect, as a contracting party or otherwise, in the performance of this agreement. 10. Non-Waiver of Rights It is agreed that the CITY'S or COUNTY'S failure to insist upon the strict performance of zny 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. 50 3 .~. .. ,~~ 11. Assignment of Agreement It is mutually agreed by the parties hereto that this agreement is not transferable by either party without the written consent of the - other party to this agreement. 12. Entire Agreement ~ - The agreement constitutes the entire understanding of the parties. ~, 13. Binain~ Effect . The agreement shall be binding upon the heirs, successors, assigns, aRents,`officials, employees, independent contractors, and ~.. subcontractors of the parties. 14. Continuing Obligation The parties will make and execute all further instruments and ~\ documents required to carry out the purposes and intent of the agreement. 15. Reference ~ ~-----1 .~ _ ' ,~ ~ Use of the masculine includes feminine and neuter, singular includes plural; and .captions and headings are inserted for convenience of reference and do not define, describe, extend or limit the scope of intent of the agreement. 16. Interpretation All of the terms and conditions contained herein shall be • interpreted in accordance with the laW3 of the State of North Carolina. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and •~ the more stringent or higher standard shall prevail over the less stringent or lower standard. 17. Immunity Not Waived .~; This agreement is governmental in nature for the benefit of the ,~~ public and is not intended to be for private profit. or gain.. Any fees charged hereunder are intended to reflect as closely as possible the " CITY'S or COUNTY'S actual cost and neither party intends to waive its sovereign immunity by reason of this agreement. i~~ 18, v Sa ing Clause ~' If any section, subsection, paragraph, sentence, clause, phrase or portion of this agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion ' shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof: ~~ 4 :.. .. -' ~ .. .~- STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I~ ~Clur~ DeShields a Notary Public of the aforesaid state and county, certify that CLAIRE HIIGHES personally appeared me before me~ this day and, being by me duly sworn, says that she knows the common seal of the City of Wilmington and is acquainted with William Schwartz, who is Mayor of the said. municipal 'corporation, and that she; the said CLAIRE HUGHES, is the City Clerk of said municipal corporation and saw the Mayor sign the foregoing instrument, and saw the said common seal of said municipal corporation affixed to said instrument by said Mayor, and that she, the said CLAIRE HUGHES, signed tier name•in attestation~of the execution of said instrument in the presence of said Mayor of said municipal corporation. WITNESS my hand and notarial seal, this the ~' y .day of 19~~• ,aaaa a n r r u r r,,r~~~P ~L~C~L~t-F.J ,,~`~E Des`y~~,, - .. ~P . lQ - Notary Public - - ~ MyM~o~•~13snns?:larch 3G, 1QS7 r ~~ STATE 0`f~"NOR~'fi~ CAROLINA COUNTY OF NEW HANOVER IPA l,- I, ,~ Notate~ Public of the aforesaid ~- state and coun y,'cer f that LUCI s petsoilally came before me this day and ac er~,,,, "'hat sheds Clerk to the Board of County Commissioners of New Nano r~ouh't'~';-q,~id that by authority duly given and as the act of the / Board, fof~e~~o~trg, ~~rument was signed in its'name by its Chairman,, Y~csi-~tia~A~ Clerk 19 52 r~' s i~ is corporate seal and attested by herself as its O'Nc~ ,~ ` '; - L ~ = .. Jnd=official seal this the ~ day of , •-~ - t. tt~ •`~ ~ .,•a,. ~'wa,arr.rr+ Not ~.~~y (SEAL) ( ~ ~- .~... ,. My commission Expires Oct. I3, 198& r 6 i_.. ~~, s ...~•.. 19. Amendments •-- - This agreement shall not be modified or otherwise amended except in writing signed by the parties. IN WITNESS WHEREOF, the CITY has caused this agreement to be duly executed in its name and behalf and the COIINTY has caused this agreement to be duly executed in its name and behalf, all as authorized by duly adopted resolutions of the respective governing boards. . ATTEST: ' ~~ ~° City Clerk APPRO AS TO FORM: City Attorney ATTEST: Coaaty Clerk APPROVID AS TO FORM: ounty Attorney COUtr"rY OF NEW HANOVER ~~ ,(~i Chairman of•A~ u~ty Commissioners 1~~' ~~ ~ ~ ~y ~~ s /y . , '- ti ., ~~~ ~. 53 S This page intentionally left blank 54 g~~ t ,~ r 1 REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: 11 Consent Item #: Additional Item #: Department: Environmental Management Presenter: Ray Church Page Count In Agenda Package: Contact: Ray Church SUBJECT: Award of Contract -Landfill Ce114B Construction BRIEF SUMMARY: Bids for the construction of Cell 4B at the landfill were rejected at the Board of Commissioners meeting of May 5, 1997 due to lack of prequalifications from the low bidder as required by County Ordinance. The project was readvertised and a bid opening will be held May 16, 1997. Due to the need to expedite this project, a presentation and recommendation for award of contract will be made at the Board of Commissioners meeting on May 19. Information will be provided immediately after the bid opening to the Legal Department and County Manager's office for review. A fax will be sent to the Board with a recommendation for award of bid by 5:00 p.m., on Friday, May 16, 1997. RECOMMENDED MOTION AND REO ESTED ACTIONS• Staff recommends the Board of Commissioners hear the presentation and recommendation of award of contract for the construction of Ce114B at the County landfill. ~ Federal S: State S: County S: Uscr Fecs S: Other S: Money Is In Current Budget: Budget Amendment Prepared: New Appropriation Request: ~LGL:APPWCOPLEY FIN: APP BSHELL BUD: N/A CGRIFFIN HR:N/A AMALLETTE COUNTY MANAGER'S COMMENTS AND RECOMMFNDATIONS• ~~ The Board should hear the presentation and consider staff's recommendation for the award of co ract. t~. s- [~-tom;-~/[~p~-~tp~,~.-~.~--"-~ ~~ ~~l~novE~~ ~ :~ 5 5 POSTP®N1 ~~ ~~ ~~ t Refcr to Office Vision Bulletin Board for Disposiiion~ ~,,,~ _ _19!{_~.~.v;,w j (( ~~ This page intentionally~~left~blank ,~. ~.. ~ . {_ ~. w i_, _.~: ; ,~ =, ~~ _ 56 ~~~ ~~~,~~~ •y 9 t r t ~, 1 L l 1 1 i 1 1. A ~ ~ ,' ~F` ~~ _ C . REQUEST FOR BOARD ACTION ,Meeting Date: 05/19/97 Regular Item #: 13 Consent Item #: Additional Item #: Department: Governing Body Presenter: Lucie Hazrell Pa e Count In A enda Packa e: Contact: Lucie Harrell SUBJECT: Committee Appointments BRIEF SUMMARY: -Beam-- ir~ixra~c.~ ~.d vi s~Y ~~_ °- C ~z.r~ L.i~r~t~, Cape Feaz Coast Convention and Visitors Bureau ~- ~erw~~ ~?3-u~f..t~/~". ~' RECOMMENDED MOTION AND REQUESTED ACTIONS: Make Appointments r'UNllIN(U SOURCE: Federal S: State S: County S: User Fees 5: Other S: Money Is In Current Budget: New Appropriation Request: :Bud et Amendment Pre aced: 1L' WL' U tiY: FIN: TATTY TT A TAT A l~TTl10 /~!~ Make appointments. BUD: HR: ~.~ 9''~~~~v~E~~ ~~'~ (~ ~` , l~'~~~ . °t,. Refer to Office Vision Bulletin Boazd for Disposition ~""'•"'~~ "'~": 57 COMMITTEE APPOINTMENTS CAPE FEAR COAST CONVENTION & VISITORS BUREAU 1VACANCY Category: Attractions APPLICANTS: Jean Hopkins Bullock _-, Eligible for Reappointment X Attachments: Committee,_Information,Sheets ~Applicataions w;r ~_ . _ -f_ . ".:. . ~, CAPE FEAR COAST CONVENTION ,AND DISITORS BIIREAII, INC. Number, of Members: 16, appointed as follows: 2 .Lodging - 1 each by City Council and Commissioners 2 At-Large - 1 each by City Council and Commissioners ~' . 2 Attractions (Historical, Natural, Recreational)-- .leach by City Council and Commissioners 2 ~ Restauranteurs.- 1 each by City Council"and Commissioners 1 Marketing, Advertising, Public Relations Professional - Appointed alternately by City Council and County ,Commissioners 1 City Councilman - Appointed by City Council 1 County Commissioner - Appointed by Board of Commissioners 1 Carolina Beach - Appointed by Town Council 1 Kure Beach - Appointed by Town Council 1 Wrightsville Beach - Appointed by Board of Aldermen 1 Chamber of Commerce -.Appointed by~Chamber's Board of Directors 1 County Finance Officer - Appointed by Commissioners (Non-Voting) Terms: three years, may not serve more than two consecutive three- year terms (excluding County Finance Officer, City Councilman and County Commissioner). Regular and Special Meetings: First Wednesday in every other month (Jana, March, May, July, Sept. and Nov. ) at 8:30 a.m. in office located ~in the Courthouse, 24 North Third Street. Special Meetings may be called by the Chairman or by not less than 4 members of the Board. statute or cause creating Bureaus Joint Resolution of County Commissioners and City Council dated April 1, 1985. (By-laws changed. to include 2 Restauranteur Representatives, 11/16/96) Purpose: To provide a cooperative, on-going forum for visitor industry and visitor-related organizations; to develop and grow the ,~ visitor .industry in a planned, quality manner; to preserve, protect, and maintain the visitor economy of New Hanover County; to provide an effective organization that can create and respond to opportunities in a timely fashion; to operate a full-service, `~L professional visitors -and meetings program; to raise funds to operate a full-service visitors program through membership fees, grants,. contributions, projects receipts, room occupancy taxes. and. other appropriate sources;~to recruit, train and develop a :~. ~; CAPE FEAR COAST CONVENTION AND pISITOR3 BIIREAII, INC. (CONTINIIED) skilled, effective staff to deliver programs; to educate members and key publics to an awareness of the visitor industry,- -its issues and opportunities. Generally to 'engage in any other lawful enterprise or acti_~,i.ty and to do and perform all acts and things that may be .deemed necessary or expedient for the proper and successful prosecution of the objects and purposes for which ,the corporation is organized. ~ ~~~ CIIRRENT MEMBERS CATEGORY APPOINTED BY ~COIINTY'COMMISSIONE&3: Robert S. Rippy At-Large 136 Edgewater Lane ~ ~~ Wilmington, NC 28403 256-5761 (.H) 791-0666 (W) Sadie Ann Hood Lodging Howard Johnson Plaza Hotel 5032 Market Street ~~ Wilmington, NC 28405 395-4418(H) 392-1101{W) TERM PRESENTLY'' TERM SERVING E%PIRES first 5/31./99 (Appt. 6./17/96).. Jean Hopkins~Bullock -~ Attract'ions' 7115 E. Creeks Edge Drive Wilmington, NC 28409 313-2747(H) Roy_ J. Clifton Restauranteur Roy's Riverboat Landing Restaurant 2 Market Street Wilmington, NC 28401- 763-7227 Buzz Birzenieks, Commissioner 320 Chestnut Street, Room 305 Wilmington, NC 28401 34h-7:149. first 5%31/99 (Appt. 6/17/96) first 5/31/97 (Appt. 5/16/94) first 5/31/200.0 . (Appt. .2/17/97), 12-97 Bruce She11, Treasurer County Finance T Indefinite 320 Chestnut St. Officer Wilmington, NC 284.01 ~ - 341-7188. - APPOINTED BY~ CITY COIINCIL: Marketing,_Advertising, and Public Relations Professional Appointed alternately by City Council and County Commissioners:- Wade Wilson ~ unexpired 5/31/99 255 N:: Front Street ' W' j~- ngton, NC 28401 ~ . 7~~899 (W) T ... ~~ .~ ' CAPE FEAR .COAST CONVENTION 'AND pIBITOR3 BIIREAII~ INC. (CONTINIIEDj - Capt. David Scheu Attractions 5708 Ruxton Way !!I Wilmington, NC 28409 251-5797 (W) _K ',r Cindi Marr Lodging Wilmington. Hilton 301 N. Water Street - ,. °. ,; `Wilmington,. NC 2840.1 763-5900 Frank Conlon ~ ~ City Council ~. 1831 Hawthorne Road Wilmington, NC 28403 763-8089 (H) ,'~~ ...Carolina Beach Appointee: Camille Perotti P.O. Box 2151 Carolina Beach; NC 28428 458-8434 '' Rure Beach Appointee; Betty Medlin Rolling Surf Motel ;~ P.O. Box 152 Kure Beach, NC 28449 ~ . 458-8216 ~~ .~X Wrightsville Beach Appointee: Mary Webber Martin ~; Blockade Runner Resort Hotel P. O. Box 555 Wrightsville Beach, NC 28480 ' '~ 256-2251 _ _ Chamber of Commerce Appointee: Windell Daniels ~' United National Tours u P•O. Box 372 Wilmington,' NC 28402 ' 686-9437 (H)763-6070 Staff Contact: Jane Peterson, President/CEO 24 N. Third Street, Wilmington, NC 28401. 341-4030 4/97 FILE• \CVB i ~` ~ ~ 61 ' .; I NEW HANOVER COUNTY _ BOARD OF COMMISSIONERS . , 320 Chestnut Street, Room 305 ~ ~ ~ _ . ; Wilmington, NC 2840 I -4093 - Telephone (919) 341-7149 FAX (919) 341-4130 Application for Appointment to Boards, Committees, and Commissions - '~ Appointed by the New Hanover County Board of Commissioners. ~' " Request for Appointment to: Name: ~I ~ ~ ; Home Address: ~~ 1 ?_ L. y n n u~ r Mailing Address._ n ~n~ren7;on ~~ V;s~-tzrs k~~.rcaa.c,~.. inr ~~-{~ ~k . How long have you been a ~ .- resident of New Hanover County?_y~ ~~ J City and State: __ W ~ ~ m; n d~"y n N r L Ztp Code: Z S ~ZS3 Telephone: Home: _~ 9 l e(~ ~ ~ .~ . (o ~~Q Business: ~ 4.3 . `~ S °j (~, -~~ - . ~. ._ l~ 'Sex: ~ 'Race: W 'Age: ' ~ ~ `This information is requested for the sole purpose of assuring that across-section of the community is appointed.. - *`Employed by: ' - r~ X a h ~• - (L h ctn ~~ ~.(!}~ a ~ ~~1 A person currently employed by the agency or departrnen r which this appl~caLon ~s made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Job Title_~?ilt rJe r' - ProfessionalActivities: ~ j ~ r1 ~ Volunteer Activities:~_~ ~ r1se.~-r ncP ~-; no.ncP ~ A ~rn~n:5"trQ'~;rnl iAn~-te~` t 't~,~-i ~ r-c.~ (1NC-~^ A~f": Y~ fi~c: Why do you wish to1serve on the Board, Committee, or Commission requested? ~ ~r o m ~'{ ; n ~t '~i ' ~ u. r ~ ~ m i 5 i ~~, ~~~'n .-t' To o ".t I w I~ o h ~.v e m ~ .~ Q ~i n v~P ~-n, P, n`t'~ What do you feet are your qualifications for serving on the Board, Committee, or Comrr~issioh requestedlr ~ t V What areas of concern woti/d you like to see the Board, Committee, or Commission address? ~a t,c.d ae~fi Cp1'~e ~-n S , ~o P~rzvl i'n n CR.r~r~ 'T7 I n h n i t ~ o{ c ~.1 i~ h D (~, r P,c~t, ~F ~'S Cry r~P ~ , (Please use reverse side for additional comments) 62 ~[~C~~Od~D Date: 'Y~'1 ~ q ~ ~ ~ 3 f~1~Y 2 0 g3 _ NEW HANOVER CQ Rn nF rn~+~+iccinnr~ac U ~- Signature 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~~ COMMITTEE APPOINTMENTS INSURANCE ADVISORY COMMITTEE 1VACANCY ELIGIBLE .FOR APPLICANTS: REAPPOINTMENT Carolyn Lyons X COMMENT: Applicant must be an officer, owner or partner of independent insurance agency. Vacancy was advertised in newspaper, but no other applications were received.' Mr. Moore is currently on the committee and requests reappointment. 63 WILMINGTON/NEW HANOVER COIINTY INSIIRANCE ADVISORY COMMITTEE Number of Members: 6 3 appointed by County Commissioners 3 appointed by City Council Terms: 3 years - staggered Qualifications: individuals who are officers, owners or partners of independent insurance agencies directly qualified as agents representing property and casualty insurance and surety bonding companies who are residents of New Hanover County. Regular Meeting: Fourth Thursday of each month at Riverboat Landing at 12:30 p.m. Statute or cause creating Committee: In June 1964, committee was created by Wilmington City Council with the charge "to supervise and give advice on City's insurance needs". In 1967, the Committee became Wilmington/New Hanover County Insurance Advisory Committee becoming a joint Committee of City and County appointees. Brief on the functions: To protect the governmental units against financial loss due to accident through identifying potential loss exposures and recommending the proper insurance to cover such loss . Acting upon authorization by these entities, the Committee seeks to obtain the necessary coverage at the most economical cost, from insurance companies of adequate financial status, expertise and service potential. TERM PRESENTLY TERM CIIRRENT MEMBERS SERVING EXPIRES George H. Chadwick, III fourth 6/8/98 Chairman 2331 Waverly Drive Wilmington, NC 28403 791-0414 (H) 762-2489(W) Carolyn Lyons first 6/8/97 P.O. Drawer 270 Wilmington, NC 28402 ~(Appt. 8/22/94) 256-5650(H) 763-3431(W) James E. Moore, Jr. fourth 6/8/99 620 S. Lumina Avenue Wrightsville Beach, NC 2848m 256-8860(H) 256-5333(W) 64 ' WILMINGTON/NEA HANOVER COONTY INSURANCE ADVISORY COMMITTEE ' ' ~ TERM PRESENTLY TERM SERVING EXPIRES ' City's Appointees . Henry B. Brown second 6/8/95 4310 Shipyard Boulevard Wilmington, NC 28403 .251-9200 (W) '. Murdock (Crae) Dunn first 6/8/96 UCB Insurance Center 309 N. Front Street Wilmington, NC 28401 762-2034 (W) ' Katherine Taylor ~ second ~ 6/8/97 1430 Commonwealth Drive Wilmington, NC 28403 Executive Director Carlton W. Allegood 320 Chestnut Street ' Wilmington, NC 28403 ' 341-7179 '(W) Governmental Entities served by the Committee are: New Hanover County City of Wilmington New Hanover Regional Medical Center Southeastern Center for Mental Health, Dev. Disabi lities and ' Substance Abuse Services Cape Fear Community Colle e g Board of Education of New Hanover County Cape Fear Council of Governments ABC Board of New Hanover County Housing Authority of the City of Wilmington ' New Hanover County Airport Authority ' Wilmington Housing Finance and Development, Inc. Health Sciences Foundation, Inc. Lower Cape Fear Water and Sewer Authority . File:/insur.wp 4/96 ~ 65 NEW HANO VER COUNTY ~ . BOARD OF COMM/SS/ONERS 320 Chestnut Street, Room 305 . Wilmington, NC 28401-4093 .' Telephone (9101 341-7149 FAX (9101 341-4130 Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. Request torAppointment to: Wilmington-New Hanover County Insurance Advisory Committee Name: Carolyn I. Lyons Home 1606 Pembroke Jones Drive How long have you been a Address: Wilmington, NC 28405 residento/New Hanover County? 34 years Mailinc}lddress: Post Office Drawer 270 City and Stare: Wilmington , NC Telephone: Home: 910/256-5650 Business: 910 / 7 6 3- 3 4 31 'Sex: Female 'Race: White 57 'Age: ~ - 'This inlormation is repuested for the so/e purpose of assuring that across-section o! the community is appointed. ".'Employedby: Woodbury & Co. "A person current/y employed by the agency or department /or which this epplice(ion is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article V/, Sec. 4 0l the New Hanover County Personnel Po/icy. JobTit/e: Secretary-Treasurer and Manager, Commercial Lines Department ProfessionalActi"vibes: 0 V E R Volun to er A ctivities: Why do you wish to serve on the Board, Committee, or Commission requested? To offer m y services t o the Insurance Advisory Committee ~ • What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? H a v i n g 34 years experience and serving on numerous advisory boards gives me broad knowledge of insurance mar ets an o pricing. What areas of concern would you like to see the Board, 'Committee, or Commission address? T o obtain t h e broadest insurance coverage at reasonable rates. -~- Are you currently serving on another board or committee appointed by a municipality or a county? if so, p/ease list: NO Date: ~9 ~ Signature (P/ease use re rse side r additional comments! Zip Code: 2 8 4 0 2 ~ RDFESSIDNAL S ACTIVITIE : Member, 'Board of Directors, North Carolina Surplus Li nes Association;. Member, Excess Insurance Advisory Board, State Board of Education, Public School Insurance; Insurance Industry Representative - Human Resources - 1994 Insurance Executive Program; Vice President, Wilmington Association of Independent Insurance Agents r _ . .. .. This page intentionally left blank 68 t 1 REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regulaz Item #: 14 Consent Item #: Additional Item #: Department: Governing Body Presenter: TOm DOdSOn (representing the Chamber of Commerce) Pa e Count In A enda Packa e: Contact: Allen ONeal Consideration of Proposal related to the Operation and Funding of the Film Commission BRIEF SUMMARY: ' After considerable discussion and debate a proposal has emerged for funding and governance of the Wilmington Film Commission. The major components are as follows: Funding -County $ 60,000 City 60,000 NC Southeast 60,000 t Ad Sales 20,000 Governor: County - 1 rep City - 1 rep NC Southeast - 2 Reps* , Film Industry - 1 rep* ' * Film commission chair and one member from a county other than New Hanover. **The film industry rep will be selected by the other four reps of the governing board. "The Wilmington ' Regional Film Commission" will become an agency of N.C. Southeast with that organization providing administrative support. Employees of the Film Commission will be N.C. Southeast employees. Please refer to the attached letter and recommendations. ~ Federal S: State S: Money Is In Current Budget: Budget Amendment Prepared: County 5: User Fees S: New Appropriation Request: Other S: REVIEWED BY: LGL: N/A WCo le FIN: N/A BShell BUD:N/A CGriffin HR:N/A AMzllctte COUNTY MANA ER' COMMENTS AND RECOMMENDATIONS• Recommend approval. $60,000 included for the Film Commission in the FY97-98 proposed bu et . l~~lulov~~ ~ • ~` I~I?STP~1Vlz.& Rcfcr to Ofticc Vision Bulletin Board for Disposition~~lti, ~ „(~ ~ •~ ~•~: ~~' " ~ _ _ ., _. .. May 6, 1997 Mr. Allen O'Neal Manager New Hanover County 320 Chestnut St. Wilmington, NC 28401 Dear Allen: Enclosed is a ro osal related to the o eration and fundin of the Film Commission that P P P g was approved by the Executive Committee of the Greater •Wilmington Chamber of Commerce and reviewed this morning by the Board of Directors., We believe that, if approved by the three suggested participating organizations, this structure will provide a winning situation for all parties and will enhance the operation of the, Film Commission. We encourage your careful review and acceptance of this proposal. I will be glad to answer any questions you might have. Sincerely, ~~~ Thomas L. Dodson Chairman TLD/acm enclosure -•~ - , ~__~ ~ 'R` 70 -~ •._ ~ One Estell Lee Place • Vl'ilmington, !~C 28401 • Telephone 910.762.2611 • Telc(ax 910.762.9765 f1. -. Y.~ ~ati .:y:: '~ti DRAFT RECOMMENDATIONS FOR FILM COMMISSION AGREEMENT Based on input from Mary Gornto, City of Wilmington; Allen O'Neal, New Hanover County; George Rountree, NC Southeast; Bill Phipps, NC Southeast; Jim Ollis, NC Southeast; Paul Butler, NC Southeast; and Tom Dodson, Wilmington Chamber of Commerce, the .following draft proposal was done. I. PURPOSE (Definition, Mission, Goals and Services) Note suggested changes on revision. Changes are underlined. II. FUNDING The Film Commission can be run on approximately $200,000 per year. This proposal would call for $60,000 per year from three entities: the City, the County and NC Southeast. Additional income would come from net revenues from ad sales for the production guide, bringing the yearly budget to almost $200,000. Although funding from these three entities is on a yearly budget allocation, we propose a three year commitment from them in order to develop the industry on a regional basis and gain financial support from the private sector and other municipalities. ' Any growth in the Film Commission budget would come from both the private sector (companies that profit from the film industry and from crew members donating a small amount to the marketing budget of the Commission) and regional municipalities ' throughout the region that benefit from film production. 1 III. LOCATIONS ' The office of the Wilmington Regional Film Commission will be located in New H er County with a preference to downtown Wilmington or in the proximity of Screer~G~ms Studio. IV. GOVERNANCE , The governing body for Policy Making and Management of the Wilmington Regional. Film Commission will consist of the following S representatives: CITY OF WILMINGTON -1 representative NEW HANOVER COUNTY -1 representative NC SOUTHEAST -2 representatives FILM .INDUSTRY -1 representative '* * film committee chair and one member from a county other than New Hanover. ** Tf-ie FiLlv1 INDUSTRY representative will be selected by the other four representatives of the governing board. The governing body will meet on a monthly basis. . . The Wilmington Regional Film Commission will become an agency of NC Southeast, with that organization providing administrative support (check writing, liability coverage, etc.). Employees of the Film Commission would be NC Southeast employees. 72 I1 ~f -+ ~: N} DEF/N/T/ON ;_~ ~~ ~. .The Wilmington Regional Film Commission is a full-time, non-profit office and an a enc of North Carolina's SOUTHEAST. The purpose of the film office is to act as a liaison between the film industry, the local governments and the communities in order to facilitate on-location production in the Wilmington area by educating, informing, setting standards of professionalism, and serving as a clearinghouse for location production information. M/SS/ON To increase and maintain film and video production taking place in the S_E Re____g__iori and to proportionally increase the economic impact of that industry on the region. To provide .coordination and leadership while serving as liaison between area government agencies, services, businesses and the film production industry. GOALS ' To generate more int Brest m the SE Region as a location for the production of feature films, movies of the week, educational and industrial films, music videos, documentaries, television specials, and commercials by film and video artists. To serve as a community liaison and production clearinghouse for all area film related activity. • To increase usage of area services and businesses b ro outside of the Wilmington area. y p duction companies from • To generate jobs for area film crews, talent, and businesses from film and video projects. To increase spending by film and video production companies while filming in the SESE Region. • To generate more interest from regional production companies (such as Atlanta,. Tennessee, Florida, etc.) regarding on-location production opportunities in the SE Re ion. - • To educate citizens of the region to understand the importance of the film Indust to the region's economy. ry 73 . OBJECTIVES • To secure at least $250 million in actual production dollars left in the Southeast Region during the ear. • To assist film and video production companies with production related matters and act as a liaison between filmmakers and appropriate jurisdictions during on-location filming in the area. • To assist communities in the on-aoinq development of regulations and guidelines related to production activities. • To work in cooperation with and serve as a regional arm of the North Carolina Filrti Office. • To maintain a variety of print, video, and electronic promotional materials to satisfy . area information requests and to use for direct mail advertising purposes.. . • To educate and involve the 800+ mer~~bers of the regional film production community in the on-aoinq enhancement of the film industry and to provide related film production information. • To continue print advertising campaign to promote area services, locations, and technical assistance to the film, television, and video industry. . • To continue a consistent schedule of personal visits to production companies and centers for face-to-face promotion of area production opportunities. • To continue a consistent schedule of representation at film and video trade shows, markets, and educational film related conferences to promote regional locations and services. • To develop and maintain a current data base of studio personnel, .producers, TV executives, production designers, production managers, location managers, and advertising agencies. ' SER V/CES • Site location photographic. survey. • Complete regional scouting services. • Liaison with all federal, state, county, and city agencies. • Assistance with logistics: accommodations, transportation, equipment rental, catering, traffic, harbor patrol, security, public utilities, etc. • Provide assistance with cooperation and information during pre-production, principal photography, and wrap activities. • Provide a complete "Wilmington Regional Production Guide" to all filmmakers with general information, geography, locations, studio information, crew, and support service information. • Provide and maintain Wilmington Regional Film Commission web site • ~fc~vide and maintain updated film production information for local crews talent services. businesses and communities. RECOMMENDED AGENDA ' BOARD OF EQUALIZATION AND REVIEW MAY 19, 1997 Convene as Board of Equalization and Review - 1:00 p.m., as advertised Desi ate hairman - Since the Saul •f County Commissioners acts in lieu of a separate Eoard of ' Equalization and Review, it is suggested that Chairman Greer serve as Chairman. Oath -None -all Commissioners have taken the oath. Recognize that listings are being entered into the records as required by statute. Enter into minutes the identity of known appellants -the Tax Administrator will provide the Clerk with a listing of property owners who have submitted written appeals. The Administrator will receive all duly filed appeals until 5:00 p.m. on this meeting day. ' Recognize and record a ellants who are resent: -Name of Appellant - Identity of property by owner's name and parcel number -Brief statement of grounds on which appeal is made (suggest gone-minute limit) - Require written authorization from the o~tner for an agenda to appeal on his behalf (Administrator has standard form) (IF A SHOWING OF HANDS INDICATES T001`~1ANY APPELLANTS TO RECORD AT THIS TIME, SUGGEST THE BOARD ANNOUNCE THAT "APPELLANTS LINE UP AT THE DESK ' OUTSIDE THE MEETING ROOM, AND THE TAX ADMINISTRATOR WILL RECORD YOUR DESIRE TO APPEAL. YOU WILL BE NOTIFIED OF THE DATE AND TIME FOR YOU TO APPEAR.) ' Decide when ' ~' _ the Board will schedule ~nd~~ dual hearings To conclude business, allow approximately one month for the appraisal staff to accumulate data necessary to support tax value, and to allow sufficient notice to the taxpayer to attend or be represented. Statute 105-322 allows for this longer period of time if necessary to a "proper execution of [its] responsibilities." The appraisal staff will accumulate taxpayer and tax office data, and will provide such to the Board on Wednesday prior to the next E&R meeting. Adjourn -This concludes the determination of appellants to the Board of E&R. The Board will meet further only to conclude business which has been brought up at this meeting. ~ 75 NE'~V HAN O VE R C O UNT~Y _ . TAX ADMINISTRATION 320 CHESTNUT STREET, ROOM 209 WII.MINGTON, NORTH CAROLINA 28401-4090 . TFlEPHONB(910) 341-7131 ROLATD G. REGISTER Tax Administrator APPEALS TO NEW HANOVER COUNTY . BOARD OF COUNTY COMMISSIONERS AND ,BOARD OF EQUALIZATION AND REVIEW _ It is the policy of this County's governing body to require appellants to provide in advance all material they wish the Board to consider in hearings on behalf of the property ocaner.' This material will be reviewed by the Attorney's staff and Tax Department staff to provide appropriate advice and recommendations to the Board. The Board requires the assessor's staff to actually visit "Real Property" to be.able to properly describe or photograph the property and to compare the property . to the "property record card;" therefore, the owner must allow' appraiser access to the property. _ Any appellant who is not the owner, partner, corporate officer of the owner, or attorney must provide the County with the County's Power-of-Attorney form recommended by the State Department of Revenue. This form must be signed by the authority who could appeal on his own behalf, and must accompany the advanced material to the Board. To give the appellant full benefit of the hearing, full -- disclosure must be given for all agreements, contracts, cost, legal citations, comparable properties, attributes or detriments affecting value,"and other supporting documents. As for income- producing'properties, income and expense disclosure must be provided in sufficient detail. " Peal estate values are relative to the base near of the last Qeneral revaluation in the county, January 1, 1991. By specify- ing revaluation on"an 8-year cycle except for specific reasons also defined~by statute, the North Carolina General Assembly did• not intend for the counties to reappraise property every year. All material must be of sufficient legibility, quality, and size for reproduction as 8 1/2" by 11" documents for the Board and staff use. Ten conies of any other documents must be provided. If an appeal involves personal nrooerty, the valuation is "as~of" January 1 of each year in which the property is taxable.. "There may be reasonable variations from market value in appraisals roperty for tax purposes if these variations are uniform." [~~Re Bosley, cited later.]. -over- APPEALS TO NEW.HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS .AND BOARD OF EQUALIZATION AND REVIEW ' Page Two Grounds for Apyeal and case law citations which follow have been provided by the Legal Counsel and Secretary to the N. C.-Property Tax Commission. "Ad valorem tax assessments are presumed to be correct and when such assessments are challenged, the burden of proof is on- the~,taxpayer to show that the assessment was erroneous." [In Re Bosley, 29 N.C. App. 468, 224 S.E. 2nd 686, cert. denied, 290 N.C. 551, 226 S.E. 2nd 509 (1976). "It is not enough for the taxpayer to show that the means adopted by the assessor were wrong; he must also show that the result arrived at is substantially greater than the true value in money of the property assessed, i.e., that the valuation was unreasonably high." [In Re Highlands Dev. Corp., 80 N.C. App. 544, 342 S.E.2nd 588 (1986)) "While there is an affirmative duty upon the taxing authority to reappraise property if statutorily enumerated circumstances exist, the burden of proof is on the taxpayer to establish the presence of such conditions." [In Re MAQ/Pines P.ssocs. v. New Hanover County Bd. of Equalization, 116 N.C. App. 551, 449 S.E.2d 196 (1994).) Appellants must state the reason for the appeal in detail. P.ppeals cannot be based solel on the ercenta e of inc y p g rease in value nor change in value from the previous appraisal, nor the ' amount of taxes incurred as a result of the present assessment; nor the economic ability of the owner to pay the anticipated tax. i ~ 77 Form E&R961.req - NEW HANOVER COUNTY TAX ADNIINISTRATION 320 CHESTNUT' STREET, ROOM 209 WILMINGTON, NORTH CAROLINA 28401-4090 TELEPHONE (910) j41-7131 ROLATD G. REGLSTER Tax Administrator April 22, 1997 To: Appellants to 1997 Board Of Equalization And Review From: Roland G. Register . Re: Notice of Hearing Date and Board Requirements Hearings before the Board of Equalization and Review will be conducted Monday, May 19,1997 in the General Assembly Room n301, New Hanover County Court House, 24 North 3rd. Street in Wilmir_gton. The Board will convene at :1 O'clock P.M.. Enclcsed is the .list of appellants and-the approximate time each appeal will be heard. As the Board concludes each hearing, they will promptly move to the following appeal. Since some appel- lants fail to appear, you are encouraged ~o anticipate being heard earlier on .the agenda. `" Enclosed, also, is a memorandum of policy of the Board to have all relative material available to them in advance for legal. . revie~~~ and staff recommendations prior to the actual hearing. To comply, I must receive your material by :ridgy, May 9, 1997. As legal review will not have occurred in advance, the Board will _ rot consider exhibits nresented.to them at the hearing. You may discuss any details of,the appraised value of real property with the Appraisal Supervisor, Jim Bethune (910) 341- 7122. Copy:. County Commissioners L. Harrell, Clerk, Board ,of County Commissioners K. Burpeau, Assistant County Attorney /A. O'Neal, County Manager J. Bethune, Appraisal Supervisor P. Susie, Personal Prot~erty Auditor enc. E&rf:~. not '~ ' ..~ ~ . ~~ '~ ' ~. .. • ESTIMATED TIME ..1:00 p.m. e 1:15 p.m. r .. 1:30 p.m. 1:45p.m. 2:00 p.m. • . 2:1 S p.m. . 2:30 p.m. 2:45 p.m ' 3:00 p.m. NEW HANOVER COUNTY BOARD OF EQUALIZATION AND REVIEW 1997 • ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE "• 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC • MAY 19, 1997 APPELLANTS: TAX MAP NO. REPRESENTED BY 1. DaSilva, Eugene H. Irene R06718-001-OIS-000 Owner 3610 Bohicket Way Lt 31 Ph 2 Dawning Creek Wilmington, NC 28409 3610 Bohicket 1Vay 2. Moni, Mohammad ROS218-002-002-096 Owner 11 S8 Williams Street Unit 607 Shell Island Resort Hotel. Long Meadow, MA 01106 Wrightsville Beach, NC ' 3. McNeill, Robert E Doris Etal R09316-002-001-000 Owner P. O. Drawer iS09 Unit 106 Bldg 10 Ocean Dunes Wilmington, NC ,28409 Carolina Beach; NC 4. Melvin, Leon M. Rachelle T ROS108-001-OOS-000 ~ Owner ~22t6 Masons Point Place Lot S Blk 14 Pembroke Jones Pk • Wilmington, NC 28405 2216 Masons Point Place • S. Columbia Cape Fear ROS617-007-008-000 Nancy S•. Rendleman ' " "Healthcare (15.71 Acres) Part Piney Acres Maupin Taylor & Ellis Tax Dept. n06626 (Cape Fear Memorial Hospital) Attorneys at Law " Nashville, TN 37202 •P. O. Drawer 1-9764 ' . 6. Kenan, Frank Hawkins Trust ROS70S-008-003-000 C/O Elizabeth P Kenan Etal Lot A Sec 1 B Landfall Center P. O. Box 21847 Greensboro, NC 27420 7. Compass Group USA Inc R03400-008-030-000 2400 Yorkmont Rd (3 Acres) Pt \Vorth Charlotte, NC 28217 ,.. ,. 8. 421 South Associates R07900-001-001-008 C/O Lyles Monroe Wheeler Lt 2 (5.93 Ac) Masonboro 2970 Clairmont Rd #640 Commons, 421 South Atlanta, GA 30329 Associates Div 9. Floyd, Joe D Bonita H ROS211-001-001-000 1 S00 Westchester Dr. Lot 170 Sec 5 Figure Eight [s High Point, NC 27262 Raleigh, NC 27619-9764 Robert L. Wheeler Arthur Andersen LLP I00 North Tryon Street Charlotte, NC 28202-4000 Robert L. Wheeler Arthur Andersen LLP 100 North Tryon Street Charlotte, NC 28202-4000 Russell P. Stockton Greg L Parker 8: Co. 1401 Johnson Ferry Rd Suite 328 K Marietta, Georgia 30062 Owner 79 3:15 p.m 3:30 p.m. 3:45 p.m 4:00 p.m. 4:14 p.m 4:;0 p.m 10. Vann, Larry R. - ROJ719-001-012-000 . .Owner lOS Hermitage Rd. Pt Fm 110 Lt'S/6 Marathon • Castle Hayne, NC 28429 1 OS Hermitage Rd. 11. Macris, Spiro•1. R06113-005-003-008 Owner 1616 Doctors Circle Unit B Bld C Shipyard Office Pk Wilmington, NC 28401 . ~ R06 113-OOS-003-011 Unit C Bld C Shipyard Office Pk ' R06113-OOS-003-012 Unit F 61d C Shipyard Office Pk R06113-005-003-013 . Unit G Bld C Shipyard Office Pk 12. Long Leaf Mall Associates R061 14-004-001-000 Neal C. Sanders C/O Great Britian Mgt. (28.60 Acres- Long Leaf Mall) Strassburg & Company 2 Eaton Street 4310 Shipyard Blv. 1223 North Rock Road Hampton, VA 23669 Wilmington, NC # J100 Wichita, Kansas 67206 13. Kjaer Olsen, Christian Birgit R09010-019-007-000,: Owncc 81.3 Carolina Beach Ave. S Lt 13 Blue Water TWHS II • Carolina Beach, NC 28428. :831 Carolina Beach Ave. S 14. Agnoff Family Revocable.Tr ROS707-002-028-000 ~ Charles Agnoff , 1221 Great Oaks Dr. Lot 1 &BIk iS LandCall . , 1221 Great Oaks Dr. Wilmington, NC 28405 , Wilmington, NC 28405 IS. General Electric Company Personal Property • 1996 GE Corporate Tax Dept. P. O: Box 60340 .Castle Hayne Road Fort Mycrs, FL 33906-6500 80 ETING OF THE WATER AND SEWE DI RI ME R ST CT '. ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 MAY' 19,1997 ' ITEMS OF BUSIlYESS ~ PAGE ' NO. 1. NON AGENDA ITEMS (limit three minutes) 81 l f Mi 2 A nutes pprova . o g3 3. Consideration of agreement for acquisition of Motts Creek Pump Station 8S Site Contract #97-0390 and authorization for the Chairman to execute the contract s ~ Adjourn . . i i ~ . . ~~ 1 81 This page intentionally left blank 82 1 1 1 1 1 1 1 1 1 1 1 1 1 i i t REQUEST FOR BOARD ACTION Meeting Date: 05%19%97 Regular Item #: W&S #2 Consent Item #: Additional Item #: Department: Governing Body Presenter: Lucie Harrell Pa e Count In A ends Packa e: Contact: Lucie Harrell SUBJECT: Approval of Water and Sewer Minutes BRIEFS MMARY: Approve the minutes of May 5,:1997 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes FUNDING SOURCE: Federal S: State S: County S:. User Fees S: Othcr S: Money Is In Current Budget: Ne~v Appropriation Request: Bud et Amendment Pre ared: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMn'IENDATIONS: Refer to Office Vision Bulletin Board for Disposition .._r-~.~~- - 1~9'PR®~ ~, ~1=.-EC°f~~ ~~~®~~~ ~~ 8 3 ~®S~P®R ~___ This page intentionally left blank 1 Regular Item #: w&s #3 Consent Item #: Additional Item #: Department: NHC Water & Sewer District Presenter: Wyatt E. Blanchard Page Count In Agenda Package: Contact: Wyatt E. Blanchard REQUEST FOR BOARD ACTION Meeting Date: 05%19/97 SUBJECT: Acquisition of Molts Creek Pump Station Site Contract #97-0390 BRIEF SUMMARY: Staff has been negotiating with Dr. Sobol for a pump station site for the Molts Creek Pump Station which will be located near the inter-section of Molts Creek and River Road (see attached map). This pump station and forcemain will serve the Monkey Junction area and the southern end of the County and has been designed by Century/Von Oesen and Dawson Engineering. An agreement (copy attached) has been reached for the site containing the following: 1) A twenty foot buffer will be established around perimeter using existing and new vegetation. 2) Wire mesh in fence will be green or brown. 3) Wastewater capacity for 120 residential units. 4) $12,000 for site. 5) Up to $6,000 will be provided for plants, including installation, placed in buffer. Planting in buffer area to be supervised and planned by a qualified landscape architect and to be acceptable to Seller after one year planting. RFCOMMENDFD MOTION AND REQUESTED ACTIONS: Staff recommends that the agreement be approved with authorization for the Chairman to execute. -- FUNDING SOURCE: Federal 5: State S: County S: User Fees S: Other S: Money Is In Current Budget: yes New Appropriation Request: no Budget Amendment Prepared: no ,..~ . LGL: FIN: N/A BSHELL COUNTY MANAGER'S COMMEI Recommend approval as noted above. BUD: N/A CGRIFFIN HR: t~~~®v~® I~EJ+EC~'~~ ~ ''. f~EN10V~~ ®sT~~r~~ ~8~5~ Re(cr to O(lice Vision Bulletin Board for Disposition ~~~~`' ~°"~~-~ ~ 7"""~' `"'' . NORTH CAROLINA NEW HANOVER COUNTY -New Hanover County Contract # 97 - 0390 BUY AND SELL AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997 by and between ARNOLD L. SOBOL and wife, FLORENCE SOBOL, hereinafter referred to as SELLERS; and NEW HANOVER COUNTY WATER AND SEWER DISTRICT, hereinafter referred to as BUYER; WHEREAS, BUYER desires to acquire the subject parcel herein for a public purpose: WHEREAS, SELLERS are willing to sell said parcel at a negotiated price. WITNESSETH: That subject to and in consideration of tl~e terms and conditions hereinafter set forth, SELLERS have contracted to sell to BUYER and BUYER Itas contracted to purchase from SELLERS that certain parcel ~. lying and being in the County ofNew Hanover, North Carolina and being more particularly described as a pump station site constituting a portion of that tract identified as Tax Parcel No. 7600-006-012-000, and more fully shown on a plat prepared by Century Von/Oesen. The terms and conditions of this sale and purchase are as follows: 1. The compensation for said parcel is Twelve Thousand ($12,000.00) Dollars and that buffering, fencing and planting as set forth in an April 24, 1997 letter from Wyatt Blanchard, County Engineer, attached hereto and incorporated herein in Exhibit "A." 2. Tl~e compensation price is to be awarded to SELLERS, or their designated agent, upon delivery - of the deed to the BUYER. Closing shall occur on, around, or before May 30, 1997. 3. SELLERS agree and bind themselves, their heirs, executors and administrators, upon payment of the purchase price, as hereinbefore provided, to execute and deliver to BUYER, or its assigns, a good and sufficient fee simple deed, conveying a good and marketable title to BUYER, ~vitl~ general warranty and free encumbrances.:. ~- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 New Hanover County Contract # 97 - 0390 WITNESS, our Lands and seals the day and year first above written [SEAL] ATTEST: Clerk to the Board This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director 2 NEW HANOVER COUNTY WATER AND SEWER DISTRICT William A. Caster Chairman ARNOLD L. SOBOL (Seal) (Seal) FLORENCE SOBOL Approved as to form: County Attorney 87 . New Hanover County Contract # 97 - 0390 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 Comm issioners of New Hanover County Water and Sewer District, and that by authority duly given and as the act of the Board, the foregoing instrument vas signed in its name by its Chairman, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 1997. Notary Public My commission expires: NORTH CAROLINA COUNTY 1, , a Notary Public in and for the State and County aforesaid, certify that ARNOLD L. SOE30L, personally came before me this day and acknowledged the due execution of the fore~oin; instrument. WITNESS my hand and official seal, this My Commission Expires: day of , 1997. Notary Public 88 1 1 1 1 1 1 1 1 f 1 1 1 1 1 1 1 New Hanover County Contract # 97 - 0390 NORTH CAROLINA ~ COUNTY I, , a Notary Public in and for the State and County aforesaid, certify that FLORENCE SOBOL, personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my Land and official seal, this day of , 1997. Notary Public My Commission Expires: r 4 89 - NAu- 1-37 THU 13:38 WYAI7I. BI.ANCBAXD, P.E. cou~tr~~ . April 24, 1997 ENGINEERING FAX N0, 9103414035 P, O1 ~W xArro~~. co~v g7-~~gc~ 'z'Y ~ ENGINEERINGDEPARTMENT 414 CHESTNUT STREET WiI.MTNG'1'ON, NORTH CAROLINA 28401-4045: r~R~NF ~~n~ 34t-9139 ;'~ ~--- S ~-----... :~,•i .. ; Ch. Arnold Sobol 25l North Front Street _ Wilmington, Norih Carolina 28401 ~ RE: Mons Creek Pump Station Site Mons Crcck ~ River Road i Dear Dr. Sobol: I ?'his i3 the finfl( offer for the referenced site. v . 2 JQO7 • A twenty foot Uuffec will be established around pe:7mctcr using cxisfing and new vcbctation. • Wire mesh in fence wil( be gt'ecn or brawn. • Wastewater capacity fur I20 residcnlia( units. • $12,000 for site • Up to $6,000 will be provided for plants,~includinx insta(latiort, placed in . buf'fCf, Planting in buffer area to ba supervised and planned by John Ryder and/or qualified landscape architect and to be acceptable ~'ina`~appiovarlt: S COt~tlt~g~t~~~ip~~13~e~~unty Commissiotlers. Ifyou cannot agree to this offer by Tuesday, May 6, 197, it will lx necessary to initiate condemnation proceedings. if y agree, please Sign and rctu~'n the additional copy of this letter iminediatel Acceptance ~'~'~-~~` A~7~old Sobol v~~y n-uly yours, Vi'yat . Blai~cl~ard, P.E. County Engineer New Hanover Cou~iry WEB/~j 90 '~ i ~, i ~i~Ctrsl ~ l L ~9 ~ ~X~-!!f~IT '~ i j o c. , ra.V[ i ~ a • o \ ' r ~ ' / T ;1 "I CQ. • O /~/ F i -c. -~ ~ y~ ~ °' i +`_' 3~b.[~.r [ ~ r Jf , - / ~ ~V / ~f .~ _ ~- 1 ..ae MM ~. ~ ~ o F1 f ~ e ~~•%', ~/iii ~ /~i ~/'~, ~..~/%~ /~ ".~ e / ~}~, :~ c n.~•aor a,n = ~ 1 ~ ~ w( ~ ~ i /~/' /'~ j~r./ '~i ~ 'C •~•'S u.~ ~--...- 1 ~•++." } , t fix. • / /' ~ /1c t~ a r < : • -- - / ==SITE ~ ~ ~ -^ ~ ~~- - -~ _ -'-. /~ // Q / F ~4- ,~ , / ~ ~ ~ ~ :,._ /;~ ,a,~ •~ '~~ ~ PROPOSED LOCATI ON OF ~ ~ ~ MOTTS CREEK PU P /, STATION SITE . ,, MAP-NOT-TO~CALE // MAV ~ ~QC~-y This page. intentionally left blank 92 ~ ~ CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAY 19, 1997 ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 95 2. Approval of the Consolidated Contract between the State of N.C. Department of 97 Environment, Health & Natural Resources and New Hanover County Health Department 3. Approval of County share of costs for Community Growth Planning Effort 113 4. Approval of resolution requesting authorization of conveyance of County interest in jointly 117 owned lots to the City of Wilmington 5. Approval of request by New Hanover County Veterans Council for a contribution to the N.C. ~ 121 Division of Veteran Affairs Trust Fund for start up and maintenance of tl~e first state veterans home in Fayetteville, NC 6. Approval of request to designate the Department of Aging as Lead Agency to Monitor HCC 123 BG and Title III- Promotion monies 7. Adoption of Resolution adding the following road to the State Highway System: 135 ' Trelawney Court 8. A royal of New Hanover Coun and Ne~v Hanover Count Fire District Collection Re rt pp ty y po s 137 for period ending April 30, 1997 9. Adoption of Resolution amending the Policy and Procedures for Appointments to County 141 Boards, Commissions, Committees, or Authorities l0. Adoption of antidisplacement and relocation assistance plan for New Hanover County. 145 I. Acceptance of Grant from NC Division of Pollution Prevention and Environmental Assistance 147 ( for a Household Battery Collection Program ~L.N ~v"~2. ~ Approval of contribution of $200 for FY97-98 to tl~e Eastern NC Chamber of Commerce 155 ~" ~~ 3. ~ ~ Award of bid #97-0334 and approval of contract #97-0334 for in-home aide services 157 2 rµu ~''14. Award of bid #97-0353 and approval of contract #97-0353 for a voice logbing recorder 173 witf~ PC playback station ~. 9 3 This page intentionally left blank 94 1 1 1 1 1 1 1 1 1 i 1 Y 1 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 1 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Pa e Count In A ends Packa e: Contact: Lucie Harrell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve the following minutes: Public Forum on Drainage Regulations, April 28, 1997 Breakfast Meeting with Town of Kure Beach, April 30, 1997 Regular Meeting of May 5, 1997 Joint Meeting, Town of Carolina Beach, May 6, 1997 RECOiyIMENDED MOTION AND REOUFSTFD ACTIONS• Approve the minutes r u[v~I~y(; SUUKC:E;: Federal S: State S: County S: User Fecs S: Other S: Money Is in Current Budget: New Appropriation Request: Budget Amendment Prepared: WF.n RY: LGL: FIN: BUD: HR: COUNTY MANAGER' COMMENTS AND RECOn~ti\'IENDATI NS• Approve Minutes. l~.~Pl~®l~~ ~E~ECrE~ c 9 5 BEM®Vl~l~3 ~~ ~^®S7P®N~3 Refer to O(Tice Vision Bulletin Board for Disposition~~~~'" ~( !~~? This page intentionally left blank 96 REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 2 Additional Item #: Department: Health Presenter: Lynda F. Smith Pa e Count In A enda Packa e: Contact: L nda F. Smith SUBJECT: Approval of the Consolidated Contract between State of N.C. Dept. of Environment,Health & Natural Resources & New Hanover County Health Department. BRIEF SUMMARY: The Consolidated Contract sets forth the terms and conditions applicable for public health activities provided through the Health Department for which the department receives state funding. The amount of funding for FY97-98 is $2,014,311 ($1,285,692 through State Grants; $728,619 through Title XIX Medicaid earnings). The effective date for this contract is July 1, 1997. This is an annual recurring contract. RECOMMENDED MOTION AND REOUFSTED ACTIONS• Motion to approve Consolidated Contract and authorize the Chairman to sign. r uivulNU SUURCE: Federal S: State S: 1,285,692 County S: User Fees S: Other S: ?28,619 Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ~LGL: FIN: BUD: HR: N/A AMALLETT (:UUN"I'Y MANA FR' COMM Recommend approval as requested. ~v ,- - -- ~-~..~ - -- "a. b~F~~CT~~ ~. 1?~s~r~~ .w T ~ 9 7 Refer to Office Vision Bulletin Board for Disposition III (~ • Page1of12 NEW HANOVER C017NTY CONTRACT # 97-0391 .. • • ~ CONSOLIDATED CONTRACT . . ~ !~ ' .~ BFTIMEEN THE STATE OF NORTH CAROLINA AS REPRESENTED BY THE STATE HEALTH DIRECTOR ~ ~ (Hereinafter caAeC the 'State' •. AND Nev Hanover County Health Department (Local Health Department -Hereinafter called the 'Department') FOR THE PURPOSE OF MAINTAINING AND STIMULATING THE ADVANCEMENT OF HEALTH IN NORTH CAROLINA This Contrail Shag Cover a Period Frwn ~~ July O1, 1997 TA June 30, 1998 NOW, THEREFORE, the State and the Department agree that the provisions and ciaus~es herein set forth shall be incorporated in and constitute the terms and conditions applicab4e for the fotbwing a~vities involving State funding. (State funding or funds means.state, tedefal, and/or special fundir~ or funds throughout this contract) . Adult Health Aids Control Breast/Cervical Cancer Control Prograa Child Health Childhood Lead Poisoning Child Service Coordination Children Special Health Services Communicable Disease Environmental Health Epilepsy Food and Lodging ~~Qly Planning General Ajds~To Counties Health Promotions Hypertension Immunization Action Plan •liaterna] Heal rh 2iaternity Care Coordination Hosquito Control Project Assist Transfer of Escrow 'Itiberculosis iiomen, Infants, and Children I Page 2 of 12 ,~ A. WORK TO 8E PERFORMED 1. 'The Department shall perform activities in compliance with applipble program rules t contained in the North Carolina Administrative Code as weU as aU applicable Federal and State laws and nom. 2. The D ahail aubrrut for approval the requirod Program Contrail Addenda for State funded budgets. 3. The Department ahaN submit completed reports as n9quirod by tx~dgeted funding criteria and as spedfied in Listing of Requir~ad Fiscal and Statistical Reports (Addenda 1). ~; 4. The Department shall administer and enforce all rules which have been adopted by the Commission for Health Services or approved by the State and adopted by the Local Board of Health. 5.. The Department shall provide to the State copies of rules adopted by the Local Board of i-ieatth pursuant to G.S. 130A-39 and Pubiic Health Ordinances adopted by the County Commissioners. Copies of existing rules and ordinances shall be submitted to the State Health Director within 45 days. Thereafter, copies of rules adopted shall be submitted within 30 days of adoption. 6. The Department shall provide to the State a Community Diagnosis Prioritization of Problems every biennium. The Department shall also provide a Community Diagnosis nan-ative, if completed. B. FUNDING STIPULATIONS ~~- 1. Funding for this contrail is subjeil to the availability of State, Federal, and speaal funds for the purpose set forth in this Contrail. . ~; 2. During the period of this Contrail, the Department shall not use State, Federal or Speaal Proteil funds received under this Contrail to reduce bcalty appropriated funds as refieded ~` in the Local Health Department Budgets. 3. The Department shall not use personal health program funds to support environmental , health personnel nor use environmerrt,aJ health program funds to a~,pport pen3onal health , , programs. 4. Fees generated by the Food and Lodging fees collection program may only be used to ' support Environmental Health activities. ~~ 5. Funds for Childhood Lead Poisoning Prevention may bo used to support both environmental health and child health activities . 6. The Department shall comply with Standards for Mandated Public Health Services, 15A NCAC 25, Section .0200; and Administrative Procedures Manual for Federal Block Grant Funds. 1 NCAC 33, Sections .0100 - .1502. ~, 7. The Department shall maintain employes time records for the contract period docu the portion of time that each employee attributes to each activity when State funds budgeted for the support of employee salaries and fringe benefits. The percentage of time )L Page 3 of 12 each empbyee spends in each activity shall be converted to dollars based upon ~e L empbyees' salary and benefits.. These rocor'da w~11 serve to doannent salary and benefit expenditures reported on Local Expenditure Report Form DEHNR 2949 and Local Expenditure Report -WIC Form DEHNR 2850, and compliance with Chapter 479, Section 99 of the 1985 Session lav+rs. 8. The E~ in Medicaid Reunl~ursemerK st>~ a. Comply with the terms of the Interagency Agn3emerrt between the Division of Medical Assisfiance, Department of Human Reaax~ces ar-d the Department of Environment, Health, and Natural Resources and the Provider Participation Agreement effective October 1, 1992 and arty airbseQuent approved addanda a r-ew Agreement approved and established.during the period of this ~ntrad. b. Make every reasonable effort to tolled its cost in providing services, for which Medicaid reimbursement is sought, through public or private third party Fayors except where prohibited by Federal regulations or State law. No one shall be refused services solely because of an inability to pay. 9. The Department agrees to match the expenditure of Adolescent Pregnancy Prevention Project grant funds with any in-kind source or newly generated funds, public or private . available to the project. Payment from the State shall be in accordance with G.S. 130A - 131.15 (d) (5) through (8). 10. Funds budgeted for Adolescent Pregnancy Prevention Activities shall not be expended for dues or out-of-state travel unless prior approval is received from the program. 11. Subject to the approval of the appropriate. Division, a local health department may seek reimbursement for services covered by a program operating under 15A NCAC 24A rules when those services are not supported by other state or federal funds. A11 payment program rules and procedures as spedfied in the Purchase of Medical Care Services ..manual must be followed. 12. Subject to tho availability ofi funds and approval of the Office of Public Health Nursir~, a local health department may request reimbursement for: . a. N~xainfl service personnel participating in the Intr~odudion to Principles and Practices of Public Health and Public Health Nursing course (2 week course) and the Public Health Nurse Supervisors Training Course (3 week course). Reimbursement is limited to no more than X200.00 per week per partidpant upon successful completion of the course.. b. Community Heat`~h AssistanMs and Pubf~c Health Nurses attendrng certain pre- approved Continuing Education courses offered by the Office of Pu51ic Health Nursing. Reimbursement is limited to 525.00 per participain per event. 13. The Department shall have an annual audit performed in accordance with The Single Audit Ad of 1984 as implemented by OMB Circular A-128. The audit report should be submitted '~ O O to the Office of the Controller within (six) 8 months following the dose of the contract Audit findings and resolution of said findings shall be handled by the Office of the Controller. Page 4 of 12 14. Equipment is a type of faed asset consisting of specific items of property that (1) are tangible in nature; (2) have a &fe longer than one year; and (3) hive a aignifxant value. .~' a. .For Budgeting and Reporting Purposes 1. Equipment ptxdtiaaes meetx~g the above detnition and having an cost of 5500 or more must be budgeted and reported In Line Item 5000. b. ~ For Inventory Purposes 1. Equipment moat be ~cotxtbed for in accotdart~ witfi Local Government Accounting System Procedure No. 15. 2. Women, Infants and Children Program All equipment with an acquisition cost of 8500.00 or more must t}e inventoried with the Division of Matemal and Child Health. c. For Prior Approval Purposes 1. Equipment purchased or equipment leased where there is an option to purchase with StatelFederal funds must receive cxior written approval from the appropriate Division, Section, or Branch when the acquisition cost ~~ exceeds 5500.00. 2. Women, Infants and Children Pn~gram ~~ AJI medical equipment and computer equipment, regardless of cost and all other equipment with an acquisition cost of 5500.00 or moro must receive 1; prior approval from the program office. 3. Equipment purchased with program income generated by the expend"rturo of True X Family Planning Funds with an acqui:sitiort cost of 5500.00 or more must receive prior written approval from the program. 4. The use of Matemal and Ctu7d Heztth program generated Medicaid fees for -~ capital improvements requires prior written approval from the program. ~• C. FISCAL CONTROL 1. The Department shall comply with the Local Govemment Budget and Fiscal Control Ad, ' North Carolina General Stahrte Chapter 159, Article 3. ~- a. The Department shall maintain a purchasing and procurement system in accordance with generalty accepted accounting practices and procedures set forth by the Local Govemment Commission. b. The Department shall execute written agreemerrts with all parties who i~o~e~ ~~ Department for payment for the. provision of services to patients. U c. When subcontracting, the following conditions must be met Pa9e5of12 1. ~ The Department is not relieved of any of the duties and responsibilil9es ~I provided in this contrail. 2. The suboontrador will agree to abide by the standards contained herein or to provide such information as to allow the D tp comply wi#tt these . standards. 3. The subcorttrador will agree to allow state and federal authorized representatives access to any records pertinent to its Hole as a aubcontrailor of the Departrnerrt 4. The. Department wih make avaa~aable to the State upon request a copy of subcontracts supported with State/Federal funds. d. The Department shall receive prior approval from the State when subcontracting for services in the Women, Infants and Children Program. e. The Department shall retain all budgets, budget revisions, contracts, contrail addenda, and financial records in accordance with the a~rrent Records Disposition Schedule for County and District Health Departments issued by the Division of Archives and History, Department of Guttural Resources. 2: The Department shall prepare and maintain a budget for each activity covered by this contract in a manner consistent with instructions provided with Local Health Department Budget - W1C Form DEHNR 3370 (Revised 2/93) and Local Health Department Budget Form DEHNR 2948 (Revised 2/93). a. The Department shall prepare budget revisions for prior approval of the State when those revisions are in the School Health Program (Line Item 6200). b. The Department shall prepare budget revisions for prior approval of the State when State funds wilt be increased or decreased. c. The Department shall prepare an informational copy for the State of all other budget revisions when proposed expendrtures.exceed the 6ne amount budgeted. d. The.Department shall submit.a9 revisions prior to the end of the term apedfied in this Contract Budget revisions received by the State after the end of the corrtrad period will be returned without action. 3. The Department shall observe the following conditions when budgeting and reportinfl 'earned revenues: a. AJI payments from persons, and public or private third party payors, shall be utilized for the activity that generated the revenue and shall not reduce a replace locally appropriated funds during the period of this contract The Department may use revenues from any Division of Maternal and Child Health supported activity in any other activity supported by the Division. 102 b. A,I earned income must be budgeted in the program where earned, except that income earned by a program which has no activity budget cart be budgeted in a program approved by the State. Wrth regard to revenue generated by maternal and Page 6 of 12 child health related servic8s, program is defined as any activity supported by the Division of Maternal and Child Health. c. Ab lase cotbded ahau be used in the aurerit year or succeeding fiscal years. d. Use of program income generated by the expenddtr~e of Federal arbegorical funds w~ be governed by appf-cabire Federal regulations, inciudrng but not irrtited to 45 CFR 74. ~a;• e. When bt~dge4ng: I. L}ne item 9000 on the program budget must be u~aed to b~xiget the total of line items 101, 102 and 103. ii. Line item 102 on the program budget must be used to budget TXJX earned revenues. iii. • Line item 103 on the program budget must be used to budget other earned revenues. f. When reporting: ~' I. Line item 9000 on the Local Expenditure Report must.be used to report the total of line items 101, 102, 103. ~! ii. Line item 102 on the Local Expenditure Report must be used to report TXiX earned revenues that were expended. ~~ iii. Line item 103 on the Local Expenditure Report must be used to report other earned revenues that were expended. ,~~ A local account shall be maintained for unbudgetecUunroported TX1X fees. 9- Accounts Shan be mairrtatned in suffiaerTt deta~i to identify the program source ~' generating the fees. h. True XIX revenues carried forward at the end of fiscal year 1998 may not exceed Tctie XllC rovanues earned durirq f~aral yezr 85-96 a 510,000.00 whichever Is greater. I. Program budgets that do not inducts an amount of TX1X funds suffiaent to meet the requiremerrts of 3. h. will not be approved by the State. 4.. The Department shall submit a quarterly report of actual receipts and expenditures of the Department according to instructions provided with Local Expenditure Reports, Form DEHNR 2949 (Revised 8/95) and Form DEHNR 2950 (Revised 2/93). a. The Department shall submit quarterfy expendrture reports to the State ' within 45 days from the er-d of the reporting quarter. Failure to mee reporting deadline will result in an immed-ate suspension of paymer3 until the overdue report is received. Page 7 of 12 .. b. The Department shan submit tt-e final Expenditure Report to ttie state within 45 days after the end of the contrail period. Report is due by August 14. c.~ The Department shad submit amended a caressed experx~e reports within four (4) months after the end a tths oo~ract perbd~ MY such reports must be prepared for the specific quarter to be amended or corroded. Reports received after October 31 wi be tetsxned wittaut action. d. The Departrnent shall ref~xcd to the State all State funds rat supported by expenditures within 45 days after notification of overpayment When payment is not received by the State within 45 days, future payments to the Department may be reduced by the amount due or payments may be suspended until the refund is received by the State: e. The Department shall follow Women; Infants and Children Program and other Federal program reporting requirements when they differ from those stated above. f. The Department. shall submit monthly W1C expenditure reports to the State no later than the 8th of the following month. Final expenditure report is due by August 14. ~ ~~ g. ~ Reimbursement of W1C approved expendrtures for July, August, and September cannot exceed artie-fourth of the total budget for the contrail period. h. The Department shalt submit monthly Minority Infarct Mortality Reduct}on expenditure reports to the state no later than the 15th of the following .~ month. I. The Department shall submit expendituro reports for Mosquito Control activity in accordance with 15A NCAC 188, Sections .0144 and .0107. j. The Deparbnerrt shad submit request for payment for servicaa provided under 15A NCAC 24 A rules to the Claims Proc83ainfl Unit, Purchase of Medical Care Services, DEHNR. k The Department shall submit request for reimbursement for nurse training to the Office of Public Health Nursing. Form DEHNR 3300 - Pubfrc Health Nurse Training Activity must be used as the irnoice for payment 5. The Department shall submit on an annual basis Staff Tune Activity Report,. DEHNR 3389, Environmental Health Report, DEHNR 3738, and Food and Lodging Report, DEHNR 3888. The reports shall accompany the final expendrture report and moat be received by tfie State within 45 days after the 1 O4 end of the contrail period. ~ . Page 8 of 12 '', D. PERSONNEL POLICIES The Department shall adhero to and fu(fy comply with State personnel polices as found .~~ in North Carolina General Statute, Chapter 126, snd 1 NCAC 8. Such policies includa, but sre not (irrtited to, the fo~ow9ng: ~~' 1. Equal emp8oyrr~ent oppatu~ity: '. 2. Affimlative action; 3. Pobcea for bcal govemmertt empbymertt aub}ed to the State Personnel Ad; 4. "Local Classification and Salary Range'; ~, 5. "Compensation Policy for Local Competitive Services Employees"; and ''` fi.- "Recruitment and Selection Policy and Procedures"; 7. Environmental Health Spedalists employed by the Department shall be , . ~~ delegated authority by the State to administer and enforce State environmental hearth rules and laws as directed by the State pursuant to G.S. 130A-4(b). This ' delegation shall be done according to 15A NCAC 18A 2300. a. Local health departmerrts are responsible for send'i~ their newty- employed environmental health apeaalista (ittema) to 33 days (6.5 weeks) of initial field training/orierttation at the training center within 180 days from date of employment ~ b. Arrangements for initial field training/orierrtation for newly-employed environmental health specialrata wq! be handled by the Education and Training Staff, Division of Envirorunental Health .+ c. A local health department which l: with an environmental health specialist empoyed by another departrnertt sha8 be responsible for aasur»g ttsat ~ oriQinaJ doa.unents, comesponderxe, and other public records be maintained in the hearth departrnerd uair~ the contractor and ' the contrxt shall atipufgbe that the contractor shah be availabb for '~~ consultation to the put~Rc being served. 8. The Department shag comply with Minimum Standard Health Department Staffing 15A NCAC Section ~.0301(c), and shall. assure that aq nursir~ staff who provide public heattfi services funded by this oonUad comply with this n.~le. E. CONFIDENTIALITY ~~ All information as to personal fads and dreumstances obtained by Department personnel in connection with the provision of cervices or other activity under this Contrail shag be prnnleged communication, chap be held confidential, and shall not °~ diw{ged without the responsible persona written consent except as may be othervv 5 required by applicable law or regulation. Suds information may be d'csdosed in Page 9 of 12 summary, statistical, a other form which does not directly or indirectly identify particular individuals. F. ~ CMl RIGHTS . The Department shall ssstae that no person, on the grotnds of race,. color, age, r~ion, sex, marital status, immigration statln, a rwtiona~ origin (u~ess otherwise medically indicated) a otherwise quaFrfied har~Capped.indlvickt~ar solely by reason of hisfier handicap be excluded from pa~tiapation in, be denied the benefrta of, or be sub}ectJed to diacrirninataon eider arty program or activity covered by this Contract. . . 2. The Department shall complete HHS Form 441, Assurance of Compliance with the Department of Health and Welfare regulations, under True Vl of the Civil Rights Act of 1964; for the Women, Infants and Children Program, FNS~i4, Assurance of Compliance with the Department of Agriculture Food and Nutrition Service, under Trtle VI of the civil Rights Ail of 1964; and HHS Form 641, Assurance of Compliance with Section 544 of the Rehabilitation Act of 1973. 3. The American with Disabilities Ad 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals with disabilities in State and local government services and public accommodations. The Department certifies that it and its prindpals and subcontractors will comply witrT regulations in ADA Trtle (Employment), True 11 (Public Services), and Trtle III (Public Accommodations) in fulfilling the obligations under this agreement. G. RESPONSIBILITIES OF THE STATE The State shall provide to the Department upon request technical assistance in the preparation of the Consolidated Contract, Activity &-dgeta and Contrail Addenda. 2. The State shall specify those administrative forms/reports and their respective revision dates that aro required by particular activities pertaining to the Department's budget with the State in Listing of Required Frscal and Statistical Reports (Addendum 1) for the contract period. New formslreporta not Crsted in Required Frscal and Statistical Reports shat be implemerTted during a contract period only with the approval of the State Health Director. 3. The State shall provide to the Department within ttwty (30) days after receiving . an acceptable activity budget from the Department an approved signed copy of the budget. ' 4. The State shall provide funds to the Department upon approval of the Contract Addenda, activity budgets, and signing of this contract 5. The State shall assist the Department to comply with all applicable laws, regulations, and standards relating to the activit}es covered in this contrail. 106 . 6. The State reserves the right to cor-duct reviews to determine compliance with the terms of this contrail. L ' Page 10 of 12 't. 7. The State shall be assurod that the Department maintains e~enditure of locally appropriated funds for maternal health, child health, and family p~minp activities ,~ ~ equal to or greater than that reported on the Staff Time Acti\rity Report for the period beyinnir~ July 1, 1984, and ertdu~ June 30, 1885. This maintenance of effort shah be messur~ed by salary which aro to tie maintained h ;~ accoroanos with sedjon B. 7. o(tt,b oontrsd. f H. DISBURSEMENT OF FUNDS The State attalll d~stx~rse fta~da to the Department as fo~ows: 1. Provided the Cortso~dated Corttrad b property exealted and aN qu~eiiy expenditure reports are filed within the established 6me frames, paymerrts equal - to 1/12 of the total program approved budget chap be made in the folloHnng _ morrths: ~ ~ . July August September October November January February April May "' Based on expenditures reported for the first, second, and third quarters, • payments shall be adjusted either upward or downward, in payments made in the follov~ing months: December IAarzh June ' 2. For departments selecting quarterty reimbursement option, payments shall be made when the quarterly expenditure report is received. ~ 3. For departments receiving Rural Obstetrical Care Incentive funds, payment of such funds shag be made in one lump sum the month foliowir>9 receipt and approval of the activity budget_ ,~, 4. For departrnertta receivir>9 Mir-ority Infant lu4ortafrty Reduction project funds,. payment rnnll be based on actual reported expendrtures. Monthly payments rhnll _ be made provided that expenditure roports are received as required in C. 4. h. 5. Food and lodgir~ fees wiq be daaburaed to the department in one sum the month fot}owing receipt and approval of the activity budget and arty subsequent budget revisions. 6. Funds for Childhood Lead Poisoninfl Prevention wpl be disbursed once per year. The amount will be determined by the number of confirmed cases identified in rj each courrty. A separate corttrad addendum moat be submitted with budget ~j page in order to receive tftiese funds. Funds for training rnnll be distwrsed upon re9~ R~ 7. Quarterfy payment for reported expenditures in Line item 1000 shall be limited to one-fourth of the budgeted amount in that Gne item. ~~' 8. Increased or decreased payments necessitated by changes in the total bud~~,bE amount will be reflected in the monthly payments subsequent to approval of the budget revision. Page 11 of 12 9. Payments shall be suspended when expenditure reports aro not received by the O time specified in C. 4. a and f. Payments w~l resume in the months t~ubsequent to receipt of the expenditure reports. 10. Payment is limited t0 tfie total arrlount Di the budget ,by Erie Item as reported on E~ Report DEHNR 338G. ' 11. Final payments wid be made based on the 4th quarter expenditure report. Final paymertta Mn~l be equal to the ditferonce between apfx~oved reported exper-drtunea and the sum of previaes payments. F'a-al payments should be made not later tfian September provided that an original signed copy oT an exper-drture report for each quarter has been received by the Ofioe of the . Controller. Final payment.will be made only after the Staff Time Activity Report. DEHNR 3389, Environmental Health Report, DEHNR 3788, and Food and Lodging, DEHNR 3888 are received by the State. I. A~AENDMENT OF CONTRACT . Amendments, modifications, or waivers of this contrail may be made at anytime by mutual agreement of all parties. Amendments shall be in writing and signed by appropriate authorities. J. PROVISION OF TERMINATION This contrail may be terminated for reasons other than non-compliance upon sixty (60) days written notice by either party. ff termination should occur, the Department shall receive payment only for allowable expenditures. The State may withhold payment to the Department until the State can determine whether the Department is entitled to further payment or whether the State is entitSed to a refund. K COMPLIANCE 1. Tree State shall assure compliance with all terms of this corttrad. a. Upon determination of non-canpliance, the State shall Hive tt~e Departmment sixty (60) days written notice to corns into comp&ance. K the defiaency is corrected, the Department shall submit a written report to the State which sets forth the corrective action taken. b. tf the above defidencies should not be corrected to the satisfaction of the State after the sixty (60) day period, disbursement of funds for the particular activity may be temporarily suspended pending negotiation of a plan of corrective action. c: If the defiaency is still not corrected within the next thirty (30) days follovring temporary suspension ofi funding, program funds may be 1 0 ~ pc3rmanently suspended until the Department can provide evidence that the defiaenaes have been corrected. • Page 12 of 12 d. In the evert of the Departrr-enYs non-compliance wrtfi dausea of this . contrail, the State may cancel, tertn'atiarte, or suspend thia contrail in whole or in part ahd the Department may be dedared .ineligible for further `~ State contracts or aQreemerrb. Such terminations for ran-compliance . snap not occur unbi: (1) the previsions of Sectbn K-1 (s~-c) have bean ^ 1~soMvw~ed, doa~rnented. and have failed to prnviae a resoiu~or~, (2) si ^( other r~sssonable adrnin~stratiwe romedies haws been ex~i~ed. 2. ff the E~ or the State aha~ld be determined out of comp&ance with the proviaioris a1 the contract, either party may file a formal appeal with the Office of Administrative Hearings. IN WETNESS WHEREOF, the Department and the State have executed this agreement in duplicate originals, one of which is retained by each of the parties. ,~ LOCAL SIGNATURES STATE OF NORTH CAROLINA Health Director Date By State Health Director . ~ or Authorized Agent -- Finance Officer Date ~, . Chairman of Courrty Commissioners Date ~ ~~ .~ • ~. 109 DE?A3tTMENT OF HEALTH AND HUMAN SERVICES ASSURANCE OF COMPLIANCE WITH SECTION S41 OF THE REHABlLTt~ITION ACT OF 1973 AS AMENDED The undcrsijnrd (hereinafter called the "ndpirnt") HEREEY AGREES.TH.1T is v-~11 rnmply with Section SOt of the Rehabilitasion Aa of 1973. as amrnded (29 US.C. 79~. all regttirc- aunts imposed by the appliabk HHS re=uktioa (l3 C.f.R. Part fit), sad ail =uiddina and iatcrpraatlons hswcd ptusuant thciao. Pwstunt to fB~.S(a) of the rc=ulatioa E4S C.F.R. i4.S(a)~, the rec}piatt pva this Assurance in eonsideruion of and for the. purpose of obtaitun~ any and all Ftderal Enna, loans, con. trace (ucrpt procuremrnt contracts and contracts of insurance or jttuantyj, property, dis- cntmu, or other Fodcra! finandal assistance extended by the Deputmwt of Heahh and Hutaan Smica after the date of this Auuiance, including paymrnu or oth,a auistance made after such date on app4cariotu tot Federal financial assistance that were approved befort such due.The recipient rtcoinizes and agrees that such Federal financial assistanct will be extrndcd in reliance on the repturntations and a~rcements made irrthis Assurance and tha: the United States will have the riYht to enforce this Assurance throuYh lawful means. This Assurance is binding on the tecipirnt, its successors, transfcrets, and usiynea, and the person or persons whose siYnatures appear below arc authorized to sign this Assurance on behalf of the rctipicnc. This Assurance obli~atcs the recipient for the period during which Federal financi:) usistancc is extended to it by the Department of Health and Human Services or, where the assistance is in the form of real or personal property, for the period provided for in §84.5(b) of the reYulation (4S C.F.R. 84:5(b)J. Thc recipient: (Check (a) or (b)J a. ( )employs fewer than fifteen persons; b. ( )employs fifteen or more persons and, pursuant to;8~.7(a) of the re~uluion (45 C.F.R. 84.7(a)J, has dcsitr.ated the following person(s) to eoordir.atc its clforu to comply with the HHS rc=ulations: Nzme of csi=ncc(s) (Type or Print) Nev Hanover County Health Dept. 2029 South 17th Street Nzme of Rccipient{Type or Print) Street Address or P.O. Box Sti-6000-324 Hilmington (1RS) Employer Identification Number City North Carolina ~ 28401 State Zip .~ ! certify that the about in(orma(ion is complete and correct to the but of my knowlcdtc. Ihtc ~~ ~ ~~~~ SiYnat rc and Title of Authon7cd Officia L If there has been a change in name or ownership within the last ycu, plcue PRINT the former name below: 110 HHSbtI (R~. /2/i21 _, t'~~ - ' , ea.aas.« D.f. D2?AJt2li~.T Ot I~Ci1CU'LTL7S •w ••«c~aawc .a .a..... ~, reed aa4 lfuttltien to rriu . , ASSURANCE OF COMPLIANCE WRH THE DEPARTMENT OF AGRICULTURE, FOOD AND NUTRRION SERVICE. UNDER TRLE VI OF 7HF CIVIL RIGHTS ACT OF 19b4 1 Nev Hanover County Health Department ~ ' aMasu • Lpplicaac) (Iatalsaftat u11a1 t1N '/1yp11ust.') LL7lDT AL'JlI2S THAI !c ari11 toa:pl7 with ntla YI •f the Civil llthca Act of 1lt~ (?.L. ti-)S2) and all taqultasaata iaposad 17 the letvlatloaa •f the Ik partsaat of Atrlcultura (7 0771 fart ls), Da paYtsant •f .7uatlca (28 C77t lsrta <2 t S0), and FNS flractivea or tatvlatioaa Iaaved puu wet to'that Act and tea latu L tlona, to Lha affect that,- no pennon Sa the L`altad Staten shall, •a tt~e trovad of tact, Color, or national ozitia, D• anccludad Iron partlelpatloa Sn, ba danlal the be:eflta of, oz De otheM •e auD~act to dlactial- natlon under any p:otra= oz activity for trLlclf the Applicant tacai~aC Federal f2sancial afalaLance fTOL the Ihpaz^a~t; anC E.LIII]` GI~ZS ASS~~CI T2SA- It v111 SaeCia:a17 take any sea:L-r.: aacesaar7 to affae:u to thin •rra Dane. 1 J u I7tIS ASSL'UIVCI it tlvan Sn toasidazatlon of and for the parpoaa e: oDtalnlnt an7 and all Fedazal fSnaaclal a slatance, =rants and loans of Fadaral fun[a, zals+buraaDle asparditur u , =rant oz draatlon of Felaral yroparty sad Snter u t Sn property, the detail of Federal peraoaael, the gala and Inane of, anC tLa pazzlaslon to use, FaCrral property o: Interest Sa auca ptopezt7 oz the furnlshlnt o! aerrlees vitDovt eonsldazatlon er.at a noslaal eor.sldazatloa, •i ai • eenalder- ation which !a te_uca[ for the purpose of a~rirt- Iat the racSplenL, oz Sn raeotaltlon of the public incarest to -e carved b. such sale, 1 use, or fur alshlnt •f se:vlcal to the raclplenz, atr 1?atad J 2029 South 17th 'Street Flilmington, NC 28401 (Addr~a• of ~ypliunt) an7 laprovasatta u Ie stn federal 1laaneJal aaslatance estenlad to the Applicant 17 tea Dapaztaant. Taft Includes any Fafetal atraeaent, arrant Dent, er etAat contract aiaich Ana as Doe of Sta pvrposca the provislon of aariatance such as food, fooC ata_~r, cash arafatanca for the -vschase of fool, and each asslatance for -vrehase or rental of food aerlce aquipsent or any ocher flnancial a rlatance as ended In tallance oa the teprat~ntatlona aa[ atza Dente wade So Chia' aaauranca. 17 ACCI)TIMG 71c15 ASSURA.~CI, the appllea~t atraes to coq ila data, aaintain taccrds and auDait raportr ar ra~ulr~d, to parait affectlva eaforce- •aat of 71t1a VI •nd pet-..St authoritaC U~:t pertonne] /utint rto n.al w rkint hours to Trviav ouch recofdr, -ooka and •ceouata as needed io •acartain eos~lfance v1th I3tla VI. If thane ate •ny •Solatlont of thla aafurance, the Lapaztsant of Atrlcultura, Food aed 1+utzltlvn Sarvlce, shall Aave tAa rljht to acak ~udicSal anfotc uaat of Lhit aaauranCa. 7?+Sa aaruzanca !a -SnlSnt an Lea apyli u nL, its avccaasorr, to nrfataas, and arritnear •a lout at It tacelvar assistance or retalnr paaeasslor of any arslstanca fro= the Dapartaar.t. The ptraon or persona whose altnaturaa appear below are autAorfaad t• afro thla aaauranca on the baM 1f of the appliuat. (Applluac) 1F Public Health Director (Iitla •f •utDorlaad of13c1a1) llo.furthar ssonias or •thez lanafits nay be paid •ut tmdar Food •nd Mutrltloa Sarvlca Fadaral •aaSat~ c~ protraia ualaaa thla Laauranca L eoapleted and filed •a zaQufred ly t:irtlnt ratulatloru (] CTIt 1S).' ASSURANCE OF COMPI-LANCE SYITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION UNDER TITLE YI OF THE' CIVILRIGHTS ACT OF 19b4 Nev Hanover County Health Depart~aent .. ,. (~ltftiAlfttr Calltd ~[; ~pLcam ) t~s ~( A~/ircarr ~r ~t ~riw HEREBY AGREES THAT it will comply with T,tle VI o! th- Cvt~ Rithu Art of I~ (P.L. S8.3S2) and alI rcquimntnts impesed by or parnunt to the Rerttlation o: ~ the Dcpantrrat of Heslth and Humus Services (~S C.F.R. Part EO) issued pursuuu to that title, to tRe cad Chas, in aerordanu with Titk VI of thu Act and the R~ulat%oa, Ao pmon in the United States shall. on the =rouAd of race. color, or tutioaaJ ori=ia, be ea`dudcd from participation in, be denied the benefits of, of be otherwise subjcacd to discrimination under ~n~ protram of activity for which 'the Applicant: rccrivu Federzl financial -assistzrtcr from :he Dcpur- tncnt; and HEREBY GIVES ASSURANCE THAT it will immediately take any meuures necessary to effectuate this atrccmerit. If any real property or structure thereon is provided or improved with the a.id of Federal _ ~ fininrial'asistarice cxtended~ to the Applicant by the Dcpartmrnt, this Assurzncr shill obli~atc the Applicant, or in the case of any transfer of such propcny,.any transferee, for the period durint which the rwl progeny or sttvcture is used fora purpose for wfLich the Federal finanrisl zssistznce is extended or for znothcr purpose involving the provision o! similar suviccs or bcncfits.~If any pcrsonaJ progeny is so p~rovidcd, this Assu"ranee shall obli~stc th'c AppGcznt for the pcrio'd durinY which it retains ownership or posscssion;oi the progeny. In all other cases, this Assurance shill. obli~z;e the ;ilpplieant for thcperod durint which the Federal ftnancial~ assistance ~is extended. to it by the Dcpartmatt. THIS ASSURANtr'E is tivrn in tonsidulcion of and for the purpose of obtaining any and all Fcdual Yrants, touts, contracts, property, d'ucounts orothcrFcdcral financial assistance extended after the date hereo-f to the Applicant by the Departmennc, indudinj inst~llmcnt plymcnts after such date on account of appligtions for Federal finanda! usistance which were approved before such date. T2ie Applicant recognizes and a~recs that such Fcdcrs! finan- cial assistanu ;will be extended, in reliuice; on the representa~tious and, agreements made ~in this.~ssurancc, i:nd that the United States shall hive the rij.ht to seek judicial enforcemcnc of this Assurance. This Assurance is bindin= on the Appliant, its suctrssors, tian_sfcrm, and usi~neu, and the person or persons whose sijnatures appear below arc au~horizcd to ti j.u t.hi.s Assurantt on bchzlf of the Applicant. ~, Dire S Nev Hanover County Health Department sy ~-~- - '~II111flf Y~ Ti4.1f ~r ArcAO~u~ o(r;a.~ Public Health Director 2029 South 17th Street Glilnington, NC 28401 ' 1H~~t ttt.~..~ t2rtz) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REQUESTFOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 3 Additional Item #: Department: County Manager Presenter: Pa e Count In A enda Packa e: Contact: Allen O'Neal .SUBJECT: Approval of County share of costs for Community Growth Planning Effort BRIEF SUMMARY: ' The County, City and Chamber of Commerce, along with representatives ofvarious agencies in the County are working on a "Community Growth Planning Effort." The outcome of the planning effort will be a unified and priority statement of direction for the entire County, City, Board of Education, etc. The County's portion of the effort is $3,000. Chairman Greer and County Manager O'I~Teal are the two regular attendees at the meeting. RECOMMENDED MOTION AND RFQUESTED ACTIOi\'S• - r utv~I~vu ~uultc;~: Federal S: State S: Money Is In Current Budget: no Budget Amendment Prepared: no County S: 3,000 Uscr Fees S: Other S: New Appropriation Request: no ~ LGL' _ FIN: BUD: HR: Recommend approval. ~~~® ~yycc~pp~p~ =~~~ ~®ST~~~ , 1.13 .. Refer to Office Vision Bulletin Board for Disposition - . y ,. Mr. Allen O'Neal New Hanover County 320.Chestnut St. Wilmington,.NC 28401 Comjnunity Growth Planning Effort Share of Costs (see attached) Per Agreement @ 4.l 5.97 Meeting Amount: $3,000 Please make checks payable to: Community Planning -Greater Wilmington Chamber of Commerce Due Upon Receipt • - ~ - Questions? Connie Majure 762.2611 Royce Angel .962.4189 . __ ... _ ~ ~h.4 ,~~.4. 11~~4 _~~~.~ ~~~ ~.~ ~^~9i~j One Esrell Lee Place • \Vilmingeon, tiC 28101 ~ Telephone 910.762.2611 • Telclax 910.762.9765 ~. 1 1 1 1 1 A 1 1 1 1 1 1 1 1 1 1 1 1 S"Community Growth"Planning Team Budget [.know Items as of April 15, 1997) 1. Facilitator Costs See Below $13, 675 2. Reduce & Copy Charts, Mail 16 @ $75.00 1, 200 3'. Segment Meeting Costs (as items 2) 20 @ $75.00 1, 500 Estimate of Cost $16, 375 IvlQnlh January AmQUi~t $ .500 Comments ^ 8 hrs. - Gerlach's time February $ 875 ^ 14 hrs. - Gerlach's time [incl 2 team meetings] March $ 875 ^ 14 hrs. - Gerlach's time [inc12 team meetings] April $5,675 ^ 14 hrs. - Gerlach's time _ [incl 2 team meetings & training fees for 6 facilitators) May $1,125 ^ 18 hrs. - Gerlach's time [inc1~2 team meetings & 4 hrs facilitator mtgs.] June $1,125 ^ 18 hrs. - Gerlach's time [incl 2 team meetings & 4 hrs facilitator mtgs] July $ 750 ^ 12 hrs. - Gerlach's time [incl 1 team meeting & 4 hrs facilitator mtgs] August $ 750 ^ 12 hrs. - Gerlach's time [incl 1 team meeting & 4 hrs facilitator mtgs] September $ 500 ^ 8 hrs. - Gerlach's time [incl 1 team meeting) October $ 500 ^ 8 hrs. - Gerlach's time [incl 1 team meeting) November $ 500 ^ 8 hrs. - Gerlach's time [incl 1 team meeting) t December $ 500 ^ 8 hrs. - Gerlach's time [incl 1 team meeting] $13,675 ^ 142 hrs. - Gerlach's time @ $500 day & facilitator training for 6. @ $800 per 115 116 1 1 1 1 1 1 1 1 1 1 1 1 1 Regular Item #: Consent Item #: 4 Additional Item #: Department: County Manager - ~ Presenter: Pa e Count In A enda Packa e: Contact: Allen O'Neal REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 SUBJECT: Consideration of approval of resolution requesting the County Commissioners to authorize the conveyance of interest in property BRIEF SUMMARY: The jointly owned lots listed in the resolution have been identified by the Wilmington/New Hanover Community Development Corporation, Inc. (CDC) for construction of anowner-occupied, single family residence. This will result in residential units being constructed on these sites. RECOMMENDED MOTION AND REQUESTED ACTION FUNDING SOURCE• Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre arcd: t~1CVtC,Wr.U ti Y: LGL: FIN: BUD: HR: Recommend approval. - .w.s,..,c~-,,.„,~-- ----~q ~~~ ~., 6~~,flEO`6' ~~gl~c P~S~~ ~~ ~ ~ : ~ ~~,.r117 Rcfcr to Office Vision Bulletin Board for Disposition `ti: Y CITY of WILMINGTON ~ North Carolina ~ P.O. BOX -181-0 28402 ADMINISTRATIVE SERVICES TDD (910) 341-7873 (910)341-7830 . Ma ~ _-.~ y~ ~U~~~11~~~2~„-~~ Mr. Allen O'Neal, County Manager NEVU H„~`DVi=R CQ. 1 New Hanover County MANAGE.4'S OFFICE 320 Chestnut Street Wilmington, N. C. 28401 Dear Mr. O'Neal: The attached resolution requests the County Commission to authorize the conveyance of its interest in jointly-owned lots to the City of Wilmington. The lots listed in the resolution have been identified by the Wilmington/New Hanover Community Development Corporation, Inc. (CDC) for construction of anowner-occupied, single-family residence. Please place this item on the County Commission Agenda for Ma_v 19, 1997. Passage. of the attached resolution is recommended. SDBaw•s Attachment .... Y d • 118 _.. Respectfully submitted, ~ ~L•~:., Steven D: Bridges Purchasing Agent ~ M Y ~~F~~ ~ .~ y j 1 ,.Y Y~ ~ tiy~ ~ ~ ' ~A~~I P 173 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INTRODUCED BY: Allen O'Neal, County Manager DATE: May 19, 1997 RESOLUTION REQUESTING THE COUNTY COMMISSION TO AUTHORIZE CONVEYANCE OF ITS INTEREST INJOINTLY-OWNED LOTS TO THE WILMINGTON LEGISLATIVE INTENT/PURPOSE: Ir- accordance with the jointly-owned real property policy adopted by City Council and the County Commission, the following jointly-owned lots have been identified by Wilmington/New Hanover Community Development Corporation (CDC), as suitable for construction of owner- occupied, single-family residences. It is the City's desire that the County Commission authorize conveyance of its interest in and to this property to the City, in order that these lots can be conveyed to CDC. In accordance with the policy, CDC must construct or move existing owner-occupied single family residences onto the lots within 18 months. ~ ~ . .NOW, THEREFORE, BE IT RESOLVED: That the County Commission authorizes the Chairman of the New Hanover Board of Commissioners to execute a quit claim deed conveying its interest in and to the below indicated parcels to the City of Wilmington. Parcel Number Address Tax Value 048-13-040-002.000 318 McRae Street $1,679.00 048-14-012-025.000 1010 Campbell Street 1,243.00 048-09-042-020.000 Murphy's Alley 617.00 054-06-013-008.000 1309 Ann Street 2,092.00 054-06-013-010.000 1317 Ann Street 2,092.00 Adopted at a regular meeting on _ , 19 ATTEST: ~ New Hanover County Board of Corrunissioners Clerk to the Board Chairman 119 ~ i i - - i This page intentionally. left blank .. ~ : ~ _ ~~ 120 RECOMMENDED MOTION AND REOUESTFD ACTIONS• Recommend approval of a $500 contribution to the N.C. Division of Veterans Affairs Trust Fund for the state's first Veterans Nursing Facility. Funds are available in the Veteran Service Office budget. REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 5 Additional Item #: Department: County Manager ~ Presenter: Pa e Count In A enda Packa e: Contact: And Atkinson SUBJECT: Request $y New Hanover County Veterans Council for Funds ~. BRIEF SUMMARY: The New Hanover County Veterans Council is requesting New Hanover County make a contribution to the North Carolina Division of Veterans Affairs Trust Fund for start-up and maintenance. of the first state veterans home in :Fayetteville, NC r uNUllvc; SUURCE: Federal S: State S: County S: 500 Uscr Fecs S: Other S: Money Is In Current Budget: yes Bud et Amendment Pre aced: no New Appropriation Request: no REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMFNDATIONS• Recommend approval. The names of $500 contributors will be printed on parchment and hung in the entrance to the facility. ~ ~ ~~.. f ~~~ ~~~~ '~~ ~ l~+ •~3 ~~ ~ ~~~~V~~ ~ ~ ~-~~ 121 ~'®S°fP®~ ReCcr to Office.Vision Bulletin Board for Disposition .-/ . • , .. . .'``~~~NOVrRCOG NP~G(T ~CL?20VPJL Cotcnty VP,tE~,ax~ COCLrLGGC y'~ 2011 Ma~fiet St/ceet -• P.O. Box 3928,. (,tlitrnington, NC 28406 ('~" ~ ' ~ Tclcphonc..(910) 763-3702 L ~ ~ ~rFRgNS CO~~G ,. •, April 15,.1997 ~ • Mr Allen O'Neal New Hanover County Manager . 320 Chestnut Street -Room 502 -' Wilmington, NC 28401 ' Dear Mr O'Neal: - This is a request that New Hanover. County make a contribution to the N.C. Division of Veteran Affairs Trust Fund for start-up and maintenance of our very first state veterans home in Fayetteville. • The N.C. General Assembly and the Federal government is paying. for construction of this 150 bed facility, but operating expenses must be derived from indiviual fees and the trust fund. . .' With 15,800 veterans, New Hanov'ew ranks~3rd or 4th in veteran population among N.C. counties. We will certainly wihd up:with~~20~•or more of the veteran home spaces. The amount the county wishes to contribute is, of course, up to you and the county ~` commissioners. We'are informed that other counties in the Fayetteville are making (_ contributions, as are most veteran groups (including thew Veterans Council). We would be happy to present or defend this matter 'to the Commission if you so adsvise. Yours very truly, E. T. Townsend .Secretary . - .- .. , •_ f r ,~ ,~~ j k.,i ~~ a ti t~ ~T~ , ~ 122. ~ ~ a 1 i REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 6 ~ Additional Item #: Department: Aging Presenter: Annette Crompton Page Count In Agenda Package: 12 Contact: Annette Crompton SUBJECT: Approval of request to designate the Department of Aging as lead Agency to monitor HCCBG and Title III Promotion monies. BRIEF SUMMARY: Each year the Commissioners are asked to designate a Lead Agency to monitor HCCBG monies in New Hanover County & approve recommendations for distribution of HCCBG monies. (1) We ask the Commissioners to reappoint the Dept. of Aging as Lead Agency.(2)NHC is eligible to receive 529,547 HCCBG monies & 8,242 Title III-F Health Promotion for 97/98. The HCCBG Committee recommends the following distribution for tl~e HCCBG monies: Transportation 50,987. Home Del. Meals 91,885, Congregate meals 79,561, I&R Case Assisted 30,208, Care Management 35,168, In Home Aide 163,138,Adult Day Care 44,206, Group Respite 10,199, Sr. Center 24,185. Total HCCBG funds 529,547. In Home Aide will be contracted out to Assisted Care. Adult Day Care and Group Respite will be contracted out to Elderhaus Inc. All other services will be provided by file Dept. of Aging. RECOMMENDFD MOTION AND REQUESTED ACTIONS• Recommend the Commissioners designate the Dept. of Aging as Lead Agency to monitor HCCBG and Title III-F Health Promotion monies and approve the HCCBG Committee recommendations for distribution of HCCBG funds. Signatures needed on form DOA 730, DOA 731, and DOA732 and 734. Federal S: 503,070 Statc S: 34,719 S: USDA 24185 Money Is In Current Budget: yes Budget Amendment Prepared: County S: 58,839 Uscr Fecs S: Othcr~ New Appropriation Request: ' REVIEWED BY: LGL: FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT Recommend Approval. Refer to Office Vision Bulletin Board for Disposition lli°~,-~ ~ ~~~~ . ~1=~~~~ 4'~,~ {n~(p~~~ 2 3 "4 t• cJ' ~q r~ ~' v/JJ .__._.__.~_ ~1- ~ I~~ AT'NETTE CRU~iPTOV Director April 30, 1997 NEW HANOVER COUNTY DEPARTMENT OF AGING 2222 SOUTH COLLEGE ROAD WII.MINGTON, NORTH CAROLINA 28403 TELEPHONE (910) 452-6400 Fax (910) 452-6411 TO: NC Division of Aging Staff FROM: Annette Crompton ~y RE: Reason Unit Rate 1998 Exceeds Average Unit Rate Cost 1997 The unit rate for Transportation, Home Delivered Meals and Congregate Meals exceeds the annual cost of living increase as provided through the Office of State Planning because of instruction given in workshop with Mr. Gary Cyrus of the NC Division of Aging. The workshop provided direction for providers on how to calculate true cost and develop unit rates. Per this instruction and with consultation with Jane Jones, AAA Administrator for Region O, the NHC Department of Aging 1998 budget forms reflect a true unit cost based on the percentage of units to be produced with federal and state monies with the required 10% local match. .. ~, .~- ~.. ~~ i . i~ . 124. ~~ 1 1 1 1 1 1 1 i 1 i 1 1 1 1 1 1 County: New Hanover Date: 3/LS/97 SFY 1997 - 98 HOME & COMMUNITY CARE BLOCK GRANT MEETING WORKSHEET . DECISIONS Is this a budget revision? Yes ~ No FederaVState Home & Community Care Block Grant Funding: Total 2 47 SFY 97.98 What amount of monies should these identified services receive? ' Service Provider Allocation Transportation DOA $50,997 Home Delivered Meals DOA $91,885 Congregate Nutrition ~ DOA $79,561 Case Assistance/I&R DOA $30,208 Senior Center Operations DOA $24,185 Care Management DOA x35,168 In-Home Aide Services ~ DOA $163, 138 Adult Day Care ~ ELDER HAUS $44,206 Group Respite ELDER HAUS $ 10,199 $529,547 HCCBG TOTAL: 125 MAR-25-97 TUE 17 43 HOME AND COMMUNITY CARE BLOCK GRANT COi~L'~IITTEE MINUTES 3-25-97 In Attendance: Bert Kring, Dick Gerrish, Annette Crumpton, Dottie Ray, Ruth Paranteau, Bill Royals, Louise Siler, Jane Jones, Chris Dixon, and Linda Pearce. P. 02 Anette Crumpton, Chairperson, called the meeting to order. She stated that this Committee had $529,547 to allocate to ten identified services. She mentioned that we had to support a minimum standard for the service: Congregate Nutrition ($79,561). This was verified by the Dept. of Aging in Raleigh. ~,~e have seven (7)local in home aide bidders .for the + $100,000 pot of money under the heading of In Home Aide services. We have not had this- number in the past. On 4-24-97, the Evaluation Committee of the Block Grant Committee will convene to review and evaluate any bids received from the In Home Aide Providers. Jane Jones reported that there needs to be $4,.806. set aside from the allocation to support the position of Ombudsman at COG. Annette Crumpton asked for the committee's help in her need to secure $10,000. from the allocation to cover a tremendous need in' transportation where she has an ongoing Waiting List of some 45 clients., Linda Pearce stated that there was not a lot of activity in Case Management. Perhaps some monies could come.from this area. She 'added that Adult Day Care was alive andwell. She has spent 65$ of her allocation for this fiscal year. She's going to try to add hours to either Saturdays or Sundays. Louise Siler was confident t:~at there will be some added grant monies in this year's General .Assembly activity. She felt the monies might come down in June or July~~for expanding the in home aide program. Louise Siler moved.that we take $10,000 from 'the $173,138 allocation of In Home Aide and add it to that of Transportation; and take $4,806 from Care Management':s allocation of $39,974. This was" seconded by Ruth Parenteau and passed unanimously. Bert' Kring moved that the following allocation amounts be designated from the total allocation: 1. Transportation--550,997. 2. Home Delivered Neals--$91,885., 3.,_ Congregate Nutrition-=579,561.'4. Case Assistance/I&R--$30,208. 5. Senior Center Operations--$24-,185. 6. Care Management--$35,168. 7. In Home Aide Services-- $163,138. 8.Adult Day Care--$44,206. 9. Group Respite--$10,199. This was seconded by Louise Siler and passed unanimously. There being no further business we adjourned. 126 G 1 1 1 DOA-733 (Rev,1/96) Home and Community Care Block Grant for Older Adults County Funding Plan Methodology to Address Service Needs ofLow-Income Minority Elderly (Older Americans Act, Section 306(a)(5)(A)(ii)) Community Service Provider New Hanover County Department of A 'ne County New Hanover County July 1, 1997 through June 30, 1998 The Older Americans Act requires that the service provider attempt to provide services to low- income minority individuals in accordance to their need for aging services. The community service provider shall specify how the service needs oflow-income minority elderly will be met through the services identified on the Provider Services Summary (DOA - 732). This narrative shall address outreach and service delivery methodologies that will ensure that this target population is adequately served and conform with specific objectives established by the Area Agency on Aging, for providing services to low income minority individuals. Additional pages may be used as necessary. The Department of Aging will continue to focus service delivery to the low income minority with special consideration to those elderly deemed "at risk". Priority concentration will be on, enhancement of the Home Delivered Meal program, specifically the expansion of a week end meal for those most at risk. To accomplish this task a close partnership has been established with a non-profit organization, the Meals On Wheels Council, Inc. Jointly the two organizations will seek financial support from community resources to provide a seven day meal program to the most frail elderly. Secondly, a focus will be placed on the week-end group respite program initiated in 1997. The numbers of persons needing caregiver respite is evident. Group respite will allow full time caregivers opportunity to place family members in a safe environment Saturday and Sunday. Thirdly, the department will begin a program of nutritional assessments for those persons currently enrolled in the congregate meal program. Recent statistics reveals there are large numbers of elderly who suffer from malnutrition. The project will be accomplished with the assistance of professional staff from Columbia Cape Fear Memorial Hospital and nursing students from UI~TC-W. 127 DOA-730 (Rev, l /97) Home and Community Care Block Grant for Older Adults County Funding Plan Identification of Agency or Office with Lead Responsibility for county Funding Plan County New Hanover July 1, 9198 through June 30,1998 The agency or office with lead responsibility for planning and coordinating the County Funding Plan recommends this funding plan to the Board of Commissioners as a coordinated means to utilize community-based resources in the delivery of comprehensive aging services to older adults and their families. I~Tew Hanover County Department of A ink (Name of agency/office with lead responsibility) Authorized signature (Date) Robert G. Greer, Chairman Board of Commissions (Type name and title of signatory agent) For each service specified on the County Services Summary (DOA-731), or the Provider Service Summary (DOA-732), provide an attachment with reasons for exceeding the average net unit cost of the service in the county for the prior state fiscal year, plus the rate of annual cost of living inc ~a~ provided through the Office of State Planning. .• .~ _. CLIENT/PATIENT RIGHTS 1. You have the right to be fully informed of all your rights and responsibilities as a client/patient of tl~e program. 2. You have the right to appropriate and professional care relating to your needs. 3. You have the right to be fully informed in advance about the care to be provided by the program. 4. You have the right to be fully informed in advance of any changes in the care that you may be receiving and to give informed consent to 'the provision of the mended care. S. You have the right to participate in determining the care that you will receive and in altering t!~:e nature of the care as your needs c'r.ance. 6. You have the richt to voice grievances uitli respect ~o care :hat is provided and to expect that these will be no reprisal for the grievance expressed. -i . You have the riche to e~coect that the i r.for-iation you share with the agency will be *-espected ar.d held ir. strict confidence, to be shared only with you: written consent and as it . elates to t5e obtaining of ot'r.er needed co.„nur.ity services. 8 You have the right to expect the preservation and respect for you: property. You have the right to receive a timely respon recuest for service. You shall be admitted for service only if the ability to provide safe and professional care intensity needed. of your privacy se to your agency has the at the level of 0 i 10. 11 . 12. 13. lc. You have the right to be informed of acency.policies, charges, and costs for services. If you are denied service solely on your inability to pay, you have the right to be referred elsewhere. Yoti have the riche to hones, accurate information regarding the industry, agency and of the programs in particular. ((]] You have the right to be fully informed about other servic~~•J provided by this agency. Standard Assurance to Comply with Older Americans Act Requirements Regarding Client Rights for 1lgencies Providing In-Home Services through the Home and Community Care Block Grant for Older Adults As a provider of one or more of the services listed below, our agency agrees to notify all Home and Community Care Block Grant clients receiving any of the below •listed services provided by this agency of the their rights as a service recipient. Services included in this assurance include: -In-Home Aide -Home Care (home health) -Housing and Home Improvement . -Adult Day Care or Adult Day Health Care Notification will include, at a minimum, an oral review of tl~e - information outlined below as well as providing each service . recipient with a copy of the information in written form. In addition, providers of in-home services will establish. a procedure to document that client rights information has been discussed with in-home services clients (e.g. copy of signed Client Bill of Rights statement). Client Rights information to be communicated to service recipients w~i11 include, at a minimum, the right to: -be fully informed, in advance,~aboutJeach in-home . service to be provided and 'any change in service(s) that may affect the well-being of the participant; -participate in planning and ehanaing any in-home service provided unless the client is adjudicated inco;npetent; -voice a grievance with respect to service that is or fails to be provided, without discrimination or reprisal as a result of voicing a grievance; -confidentiality of records relating to tl~e individual; -have property treated with respect; and -be fully informed both orally and ,in writing, in advance of receiving an in-l~or~e service, of the individual's rights and obligations. Client Rights will be distributed to, and discussed with, each neu client receiving one or more of the above listed services prior to the on-set of service. For all existing clients, the above information will be provided no later than the next regularly scheduled service reassessment. Agency Name: NHC Department of Aging Name of Agency Administrator:_ Signature: ~'`~`~' ~i~.~ Annette Crumpton Date: (P~~~return the this form to your Area Agency on Aging and re copy for your files. ) DOA-734 (revised 1/9~ .providers. ~ . -~ 5: As specified in 45 CFR 92.36(b)(11), community service providers shall have ' procedures for settling all contractual and administrative issues arising out of procurement of services through the Block Grant. Community service providers shall have procedures governing the evaluation of bids for services and procedures through which bidders and contracted providers may appeal or dispute a decision made by the community service provider. 6. Applicant/Client appeals shall be addressed as specified in Section 7 of the Division of Aging Home and Community Care Block Grant Manual for Community Service Providers, dated July 1, 1992. 7. Community service providers are responsible for providing or arranging for the provision of required local match, as specified on the Provider Services SUrrtmarv, (DOA-732). Local match shall be expended simultaneously with Block Grant funding. . _ ;. ~ 8. An annual independent audit which meets the requirements of the Division of Acing ' Program Audit Guide for Aging Services, applicable North Carolina General Statutes and Local Go~~ernment Commission requirements, and OMB Circular A- 128 or 133 shall be performed. For-profit community service providers shall have an annual compliance audit which meets the requirements of A-133: The audit shall be performed within six (6) months of the close of the provider's fiscal year. Upon completion of the audit, a copy of the audit report and any opinion letter shall be simultaneously provided to the County and the Area Agency.- VOTE: Audit requirements are subject to re~•ision. The Di~•ision of Aging «•ill notify pro~•iders «~hen state audit policy is revised. 9. Compliance with Equal Employment Opportunity and Americans With Disabilities • Act requirements, as specified in paragraph fourteen (14) of the Agreement for the Provision of Countv,~gin;-Bayed Servicee (DOA-735) shall be maintained. 10. Providers In-Home Aide, Home Health, Housing and Home Improvement, and Adult Day Care or Adult Day Health Care shall sign and return the attached •. assurance to the area agency on aging indicating that recipients of these services have been informed of their client rights, as required in Section 314 of the 1992 Amendments to the Older Americans Act. • 1 ~ 131 (Authorized Signature) ~ (Date) 32 --- -- ~ ~ R o g ~ ~ o x c~ $ ~ m ~ ~ ~ -- --- --- -- - -- -- --- - - - - - - - - - - - - - - - D T ~ ~ V Q c 7 ~ m f0 G 7 p W N N V . V . ~ ~ ~ . . . V . ~ p~ N ~ ~ N B C Q7 ~ m ~'' ~ m ~ ~ ' o ~ ~ o ., ~ • V ~i ~ r -R ~ ~ -~ ~ 'ad ~'~ >- ti N V (O - + lD ~ . (O Q1 l ~ ~f D G N ~ 0 ^ ~ ~ t u ~ t , ~ V ~ a rn N tt O A . g ~ O ~ ~' - - - - -- n i - -- - - - - - - - - n - r r, ° r_ ° - - - - - - - - - - - - - - 0 3 - - - - < 0 < 0 < 0 ~ o o a ~~ ,. ~ Z Z Z 2 b y Z - v N m tD C o b m b .Oo ~ - b ~-^, OD g ~ ~ V " _tD (p, A N l a m • (a Qf W OD ~ N Q~ 4 T ~ ~i T ({ (J ~ N V Ol p O pp W ~ Q N ~ ~ (QQ L t( pD ~ ~ 0 / OD s i 2 b Z b 2 Z Z ... J~ ~ N ~ Q1 O b b b p NN A V Oo N O A N N ~ ~' S K U1 N N C ~ i_ b b A _ O _ O~ _ O ~ b o o2i O) v O O V 7 -. ^~ 2 a , ~ ~ ~ ~ ~ ~~ ^ m ~ ~ s. 8~ tfol O ~ 'p J :pl N q O O O -+ t0 L O V N f7 0 y c o J 3. T M J a m c ~ 3 J 3 b (... 1 b V p `o ~~ m ~~ .~ 0 n d 7 a n 3 c n n .- .:.~ s o D~sD a ~ 3 ~za N ~ c B ~ ds ~m ~ m ~ n d ' :: Z 3 ~ ~ N a ~ a ~ -- N 0 ~.~~ ~ ~~ T s d m C. 3i g R ~ -- m ~~ s ' d - •3B ~ C n C 7 S a~ ' m =3 g' m 3 x c 0 3 7 Q ~~ 3 3 d ~ c n ~ ~ ~ d 8d c ~ zQ a s s `~ 1 m m~ R ~I I I I I I I I C I I C I I I ~ --- I --~ ~R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - D ~ T C ~ ~ f¢pl b ~ pa (Q~ ~ ~ ~ W N N _ ~_ ~ -~ o °' rp N l0 A _. b W N W b O U1 01 ~ c W 7 y `~ ~ rn ~'' ~ m ~ ~ ~ ? 2fi o ~ ~ ~ Qr Q ~ 7 7C ~ ~ n 'a ~ ~ (A f0 v ~n ~ O ~ b W ~ N ~ W w b Co _ O N N Q7 o z m Q ^ ~__ - ~ ' " _ g ' ' ~ ~ g ~ ~ _ _ - __ r < m __-_ _ r r °< °< m m _ _ _ - _ _ - __ - m 3 ~ g _ yc N Z Z Z Z ... °' Z - ~ v, m ~ _ d d d d N ~ - d g D --- --- -- ---- ------ -- -- -- -- -- ---- ---- V f~ ... fD A N L ~ t0 T W O> ~ W N N a d T N W (JI W .1 (. j N N V QNt O b (1~ D O L O O 1 A (D Ol ~ lD ' O ~ N V A O W A b N L + A U1 W W Z 2 2 2 2 ~ N ~ Q G~ r d d N ... Q~ b d d d O V A W b N ;j ~ ~ D QJ1 l W O A N N N N 4 C ~ N N A _ O _ O _ O y d d ~ W O O V 7 n~ _ W W __- --- __ ~_ ~_ ~_ ~__- -- -- -- ~- ~- ~ ~- - m -_ _ _ _1(_,~l ~~- O O O ~ Q~ N L ~ O Oo V N < N Z ~ Z 3 N~ 3 3 5^'x 3 m ~o> >> ° ~ g .~ N ~S~ m a N ~ ~~ 7 m N m ~ W E P a° 01 m m 0 D m m 2 O m 0. C7 O 3 ~ 3 o C n ~ o o ~ y c ~ ~ ~ n T _~ 4 ~ O n A ~' ~ m ~ y ~ c d (`j 3 ~ m -~ L ~Z Z D S V d W ~ ~ 1 7 N 0 c m -. ~~~ '~ _ '. ~ DOA-734 . ~ (revised 1/97) July 1, 1997 through June 30, 1998 Home and Community Care Block Grant for Older Adults • Community Service Provider Standard Assurances NHC Department of Aging agrees to provide services through the Home and (Name of Provider) Community Care Block Grant, as specified on the Provider Services Summary (DOA-732) in accordance with the following: 1. Services shall be provided in accordance with requirements set forth in: a) The County 'Funding Plan; b) The Divi"sign of Aging Home and Communit}' Care Block Grant Procedures Manual for Community Service Providers; and c) The Division of Aging Services Standards Manual, Volumes I through IV. • Community service providers shall monitor any contracts with providers of Block . Grant services and take appropriate measures; to ensure that services are provided in `accordance with the aforementioned documents. . 2. Priority shall be given to providing services to those older persons with the greatest economic or social needs, with particular attention to low-income minority individuals. T.he service needs of lo~v-income minority elderly will be addressed in the manner specified on the Methodology to Address Service Needs of'Low-Incur Minority ]d rlv format, (DOA-733). 3. The following service authorization activities will be carried out in conjunction with all services provided throu~l~ the Block Grant: a) .Eligibility determination; b) Client intake/registration; c) Client assessment/reassessments and quarterly visits, as appropriate; 134 d) Determining the amount of services to be received by the client; and e) Reviewing cost sharing/voluntary contributions policies with eligible clients. 4. All licenses, permits, bonds, and insurance necessary for carrying out Block Grant Services will he maintained by the c~mmun;rv'~cPrvicP r,rnv;rlPr an~i an.. ~^rlnirar~furi 1 t 1 1 1 1 1 1 1 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 7 Additional Item #: Department: Governing Body _ Presenter: Lucie Harrell Pa e Count In A enda Packa e: Contact: Lucie Harrell SUBJECT: NCDOT Road Addition BRIEF SUMMARY: Adopt resolution adding the following road to the State Highway System: Trelawney Court RECOMMENDED MOTION AND REQUESTED ACTIONS• Adopt resolution Federal S: State S County S: User Fces S: Other S: Money Is In Current Budget: Budget Amendment Prepared: Ne~~~ Appropriation Request: ~ LGL: FIN: BUD: HR• COUNTY MANAGFR'S COMMENT AND RFCOi\1MFNDATIONS• Adopt resolution. ~_ -----w:, ~ ~--~ i,~~~ ~~1~®~~ ~ ~,~j ~' - 5 Rcfcr to Office Vision Bulletin Board for Disposition NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolina County of New Hanover Petition request for (check one): Addition to State System (/J ..~.' Pavin9 O Maintenance Improvement ( ) We the undersigned, being property owners on Tre (awney C' pc,~,r'(" (Describe or give local name or Secondary Road Number) in New Hanover County do hereby request the Division of Highways of the ,- Department ofTransportation to add -40 ~h~ ~+~ S~s-(em the above-described road. Y~e fUril"iEr adV152 that u E rCad re^'~°Sted t0 be uG{G~G'cl; ~~ ~0 ~ 0. -- . -4+,c s+-~~e s~,~m is ~ milea in length and at the present time there are ~ occupied homes located on the road and having entrances into the road. Finally, we agree to dedicate to the Division of Highways aright-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional. right-of-way in the public road intersections for sight distance and design purposes and to execute said right=of-way agreement forms that will be submitted to us by representatives of the Division of Highways. REMARKS Four copies of recorded subdivision plat enclosed if applicable. PROPERTY OWNERS ..NAME MAILING ADDRESS The Division of Highways should contact the first petitioner listed below: TELEPHONE 2u~h C. I--lol(~c{cc~ 3q I T~elawney Coc..~r+ kl'l. NG(a84os~ C~8~-o5~ ~-, _ Ir~:Nc~' ~ ~I .C }~A~-+;-~> 3 ~-sT~e~ IGw, .,c+w~l Ne ~~~~ ~~-yG4~ ,~- ~~T.F i ~~ `l .. 1 ~ ~ - ..., . ~~~:. . ;~~~Y - 2 199) Revised Form SR-1 (5-83). All previous forms obsolete. i'~~~~V NANOVE~ CO. i?~. iF rr`~,~,,.~ccin~ic~c G~6-oc[~~=~ 1 i 1 1 1 1 1 1 1 1 l 1 1 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 8 Additional Item #: Department: Tax Presenter: None Required - Pa e Count In A enda Packa e: 3 Contact: Patricia Ra nor - SUBJECT: ~ - New Hanover County and New Hanover County Fire District Collection Reports BRIEF SUMMARY: Collection reports as of April 30, 1997 RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of these reports. FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: 1•'(oney Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: I LGL: FIN: BUD: HR: I Approve reports. .-,-.:-,,:.,T~ .-,~ ,, i ~, /,'~t~"pprrt~y6D~®~' :, .tee 'ate ~I:NI®~~ 4 ~A - ~®~~r~~~ ~ 3 7 Refer to Office Vision Qulletin E3oard for Disposition CONSENT AGENDA DATE• ITEM N0.______ NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 04/30/97 CURRENT TAX YEAR - 1996 AD VALOREM MOTOR VEHICLE ORIGINAL TAX LEVY PER SCROLL ~ # 51,988,753.97 S 4,984294.79 DISCOVERIES ADDED 2,537,767.24 66,059.83. LESS ABATEMENTS -- 88,793.75- ------------- - 54,727.17- -------------- TOTAL TAXES CHARGED S 54,437,727.46 ~ 4,995,627.45 ADVERTISING FEES CHARGED 13,149.50 .00 LISTING PENALTIES CHARGED 48,612.94 .00 TOTAL LEVY S 54,499489.90 ~ 4,995,627.45 COLLECTIONS TO DATE 53,798,186.72- 3,696,b92.27- OUTSTANOING BALANCE S 701,303.18 ~ 1,298,935.18 PERCENTAGE COLLECTED 98.71~~ 74.00%6* BACK TAXES REAL ESTATE AND PERSONAL PROPERTY S 2,431,423.13 CHARGES ADDED 45,320.32 LESS ABATEMENTS 138,136.40- TOTAL TAXES OUE S 2.,338,607.05 COLLECTIONS TO GATE ~ 756,991..30- OUTSTANDING BALANCE ~ 1,581,615.750 PERCENTAGE COLLECTED 32.37/ APR 1997 FISCAL YTD ROOM OCCUPANCY TAX COLLECTIONS 129201.87 1,723047.84 PRIVILEGE LICENSE COLLECTIONS 742.50 17,596.38 EMS COLLECTIONS .00 .00 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEa HANOVER COUNTY, CITY OF WILMINGTON WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO GATE - b8L,002,74~3.74. THIS REPORT IS FOR FISCAL-YEAR BEGINNING JULY 1, 1996. RE,~PE~TFULLY SUJMITTE~, PATRICIA J. RAYNA'R `'~ COLLECTOR OF REVENUE ~ COM6It•lEU COLLECTION PERCENTAGE - 96.64% L' 1;~: 138 ~ =~ ,' CONSENT AGENDA DATE:_~______ ITEM N0.______ NEN HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 04/30/97 URRENT TAX YEAR - 1996 -- AD VALOREM ------------- - MOTOR VEHICLE ---- --- ----- --------------------- RIGINAL TAX LEVY PER SCROLL # 1,143,852.52 S 119,142.09 DISCOVERIES ADDED 58,245.45 1,652.28 ESS ABATEMENTS 24,160.74- 1,414.88- ~OTAL TAXES CHARGED b 1,177,937.23 S 119,379.49 'ISTING PENALTIES CHARGED 991.59 .00 OTAL LEVY t 1,178,928.82 E 119,379.49 COLLECTIONS TO DATE 1,164,789.05- 89,794.99- UTSTANOING BALANCE S 14,139.77 S .29,584.50 PERCENTAGE COLLECTED a 98.80/ 75.22# BACK TAXES EAL ESTATE ANO PERSONAL PROPERTY ~ S 45,708.15 . HARGES ADDED 1,214.59 LESS ABATEMENTS 3,722.00- OTAL TAXES DUE 5 43,200.74 ~ OLIECTIONS TO DATE - ---- 14,035.64- OUTSTANDING BALANCE ~ 29,165.'10 FRCENTAGE COLLECTED ~` 32.49~C ,.HIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 1996. R ECTFULIY SUBMITTED, ~ '• ~ ~.. ~ ~'.~ --rte: ;-..~ PATRICIA J. RAWJOR ~OILECTOR OF REVENUE # COMBINED COLLECTION PERCENTAGE - 96.63 139 This page intentionally left blank 140 1 1 1 1 1 1 1 1 t 1 1 1 1 1 I REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 9 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Pa e Count In A enda Packa e: Contact: Lucie Harrell SiTB~TECT: Resolution amending the Policy and Procedures for Appointments to County Boards, Commissions, Committees, or Authorities BRIEF SUMMARY: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolutions FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. ~;~ ~ ~ ~, c f i:'®S~'~f~ ~ l ®~~~,. rwl ~~ .D 141 Refer to Office Vision Bulletin Board Cor Disposition . ~ A RESOLUTION OF THE .. .. NEW HANOVER COUNTY __ BOARD OF CgMMISSIONERS The Board of County Commissioners of New Hanover County hereby resolves to amend the Policy and Procedures for Annointments to County Boards. Commissions. Committees or Authorities, as follows: Amend Section 1, Subsection E to read: E) Whenever any appointee shall incur three unexcused absences, said appointee's failure to attend shall be reported by the presiding officer of the respective board, committee, commission or authority to the Chairman of the Board of County Commissioners. Such unexcused absences on the part of any appointee may, at ,the election of the Chairman of the Board of County Commissioners, be deemed to constitute resignation on the part of the appointee, from such board, committee, commission or authority. Excused absences are defined as absences caused by events beyond one's control and are subject to approval by the Board on which the appointee is serving. Except as amended, the above-referenced Policy and Procedure shall remain in full force and effect. This the day of , 1997. NEW HANOVER COUNTY [SEAL] Robert G. Greer, Chairman ATTEST: „~ ,- .i -. Clerk to the Board " " ;r=,; :? ~: 142 c"••a (r~. ~ s. ' . J,,, POLICY AND~PROCEDURES FOR APPOINTMENTS TO COUNTY BOARDS, COMMISSIONS, -- COMMITTEES OR AUTHORITIES i n The policy of New Hanover County governing appointments to the various boards, commissions, committees or authorities is as follows: (A) Any resident of New Hanover County is eligible to serve on the appointed boards, commissions, committees or authorities of the County, where such appointment.is not prohibited by state statute or New Hanover County policy. (B) All appointments will be made according to the Appointments Statute or Ordinance that created that board, commission, committee or authority. (C) No resident ofNew Hanover County may serve in more than two appointed positions of New Hanover County govemment, unless exempted by nature of the position he or she may hold in governmental service. ~. (D) Unless otherwise stated by Statute or Charter, all tcmu of oiLcc shall be three years. No appointees may serve more than tvo consecutive terms. This policy may be waived if the Board of County Commissioners determines that the removal of a number of individuals made ineligible by this statute would be detrimental to the functioning of that board, commission, committee or authority. (E) Throe consecutive unexcused absences on the part of any appointee automatics{ly constitutes resignation on the part of the appointee, from such board, committee, commission or authority and constitutes automatic acceptance of such resignation of the appointee by the Board of County Commissioners. Excused absences arc defined as absences caused by c~~ents beyond one's control and are subject to approval by the Board on which the appointee is serving. Upon such automatic resignation and acceptance, the Board of County commissioners shall select a replacement from the applications of persons ~~fio applied for the last vacancy on such board, committee, commission or authority, without further notice, advertisement or action by the Board of County Commissioners. (F) Appointees must uphold County policies pertaining to the Committee he serves. (G) In the event an issue comes before a board,. commission, committee or authority and a member of that board, commission, committee or authority has a financial, personal, or employment related interest in the outcome of the issue, that member should notify his fellow members that he/she has a potential _ conflict of interest and request that he/she be excused from voting. (H) An appointee will not be considered for any employment vacancy in the agency or department he/she is serving, until said appointee resigns his/her seat on the board, committee, commission or authority, thirty (30) days before being considered for the vacancy. Should the appointee not be selected to fill the vacancy, he/she ~~zll not be eligible for reappointment to the board, committee, commission or authority. (I) Each County Commissioner will have available to him or her a binder containing a list of all County appointments with the following data provided: 1. Name of the board,. commission, committee or authority. ~ A 2. Brief on the functions of each board, commission, committee or authority. 3. Statute or cause creating.board, commission, committee or authority. 4. Number of members and terms of office. 5. Current members,.addresses, telephone numbers, terms of office, numbers of terms served, and expiration dates. 6. Regular meeting day, time and location. . ~ ~ ~ (~ i n 2 Procedures for filling vacancies for appointed positions: (A) Notification of Available Appointments 1. A list of available positions and a deadline•for receiving applications ~~711 be published in the ~" newspapers of New Hanover County quarterly..This procedure will be carved out by the Clerk to the Board of County Commissioners. 2. Thirty (30) days prior to the terms e~:piring, the Clerk to the Board will mail a notice to each ' person who is eligible for reappointment, .requesting information on his or her interest in continuing to serve. If an indi~~duat is not eligible for reappointment, he or she will. be notified and given reason for being ineligible. ~ ~ ' 3. ~ If; because of policy or other~~sc; an~individual is not reappointed, he or she will be presented ' ~ ~a Certificate of Appreciation for' service by the Chairman of the Board at a regular meeting of ' the County Commissioners. ~ ~ ~ .. ' (B) Selection Process - L All applications for a particular position vtitill be returned to the Clcrkto the Board of County ~ ``" Commissioners. The Clerk «~ll check each for eligibility. 2. All a lications „ill be forwarded to.the Coun • Commissioners ~tiith those who arc inch 'blc PP ty ~ noted and the reasons for ineligibility given. 3. The Clerk to the Board shall place on the agenda the "Appointments" for action at the next . ' meeting of the County Comrriissioricrs. C . ifi ~ i• o f in n ~ y O Not cat o o APno tmc t 1. The Clerk to the Board shall prepare a letter of notification to the appointce and a copy to the • affected board, commission,'committee or authority notifying each of the appointment. , .- _ .. .. (D) Applications 1. All applications received shall be retained for at least one (1) year. Applications shall be kept ' ~ on file for all"active appointees. A11 of the`abo~~c data shall be maintained.by the Clerk to the Board for use by the Board of County Commissioners. 144 2 -, - - ,.~ - : ii. REQUEST FOR BOARD ACTION - Meeting Date: 05/19/97 Regular Item #: Consent Item #: 10 Additional Item #: Department: Planning Presenter: Wanda Coston Page Count In Agenda Package: 1 Contact: Wanda Coston - ' - SUBJECT: Adoption of Antidisplacement and Relocation Assistance Plan for New Hanover County BRIEF SUMMARY: As the recipient of Community Development Block Grant (CDBG) Program funds, the County must formally adopt, make public, and certify that we are following a Residential Antidisplacement and Relocation Assistance Plan. The statutory and regulatory requirements of the Plan (draft attached) are designed to minimize displacement and assure that individuals, farms, businesses which are displaced or relocated because of a project activity are fairly and fully compensated, and that low and moderate income (LMI) dwelling units demolished or converted to non-LMI dwelling uses are replaced. RECOMMFNDED MOTION AND REQUESTED ACTIONS: Recommendation: Adopt Plan (attached) which will be used during the implementation of CDBG funded programs and other federally funded programs. FUNDING SOURCE: Federal S: State S: County S: User Fccs S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: LGL: FIN: BUD: HR: I COUNTY MANAGER'S COMMENTS AND RFCO!\'[MFNDATIONS: Recommend approval. ~O~F' ~MMI~IQN€:~; /~.pPROVED ~-~'~ - s~```~ECTED E~IOVED t~OSTPON~D ~~ 14 ~... ~. Refer to OfTice Vision Bulletin Board for Disposition Antidisplacement and Relocation Assistance Plan ..... for New Hanover County New Hanover County, hereinafter referred to as `.`the County" will replace all occupied and vacant occupiable low/moderate dwelling units demolished or converted to a use other than low/moderate income housing as a direct result of activities assisted with funds provided under the Housing and Community Development Act of 1974, as amended described in 24CFR 570.606 (b)(I)• All replacement housing will:be provided within three (3) years of the commencement of the demolition or rehabilitation relating to conversion. '.Before obligating or expending funds that will directly result in such demolition or conversion; the County will make public in writing the following information: 1. Description of the proposed activity; ~ . 2. A map of the general location'and approximate number of dwelling units by size (No. of bedrooms) that will be demolished or converted to a use other than as low/moderate income dwelling units as a direct result of the assisted activity; 3. A time schedule for the start and completion of the demolition or conversion; 4. The general location on a reap, and approximate number of dwelling units by size (No. of bedrooms) that will, be provided as.replacement dwelling units; ,. 5. A time schedule and the source of funding for providing replacement dwelling units; and 6. The basis for concluding that each replacement dwelling will remain a low/moderate income dwelling for a minimum often years from the date of initial occupancy. The County will provide relocation assistance, as described in 24CFR 570.606 (b)(2) to each low/moderate income household displaced~by the demolition or conversion of housing to a use other than as low/moderate income housing as a direct,result of proposed activities. Consistent with the goals and' objectives of activities assisted under this Act, the County will minimize the displacement of persons from their homes by making every effort to rehabilitate deteriorated dwelling units when economically feasible and demolishing only dwellings determined to be substandard and dilapidated and not cost effective to rehabilitate. y, ,., 1,n,n .j~~~Gr... :~-~rp,.r..p., ~,. a, .. ~/ .. ., .j r~ ~r,~:3~' 1 . e, 146 ~.~~~.~~~ . ~ ~ ~:,~.:.~..`: ~:; ins ..,.~~. . ~ i 1 ~1 t 1 1 REQUEST FOR BOARD AC'T'ION Meeting Date: 05/19/97 Regular Item #: _ _ Consent Item #: 11 Additional Item #: Department: Environmental Management Presenter: Page Count In Agenda Package: Contact: Geof Little SUBJECT: ' Acceptance of Grant from the N C Division of Pollution Prevention and Environmental Assistance (DPPEA) for a Household Battery Collection Program BRIEF SUMMARY: The Department of Environmental Management was notified last June of the award of a grant for a household battery collection program. The hurricanes of last year caused a low priority to be placed on this project. We are now in a position to fully implement the contract with DPPEA to place containers for the collection of household batteries. The program consists of developing 2 collection points at retail outlets, collection bins in schools, provide drop-off capabilities for municipalities, and document collection. Acceptance of the grant will help off-set costs associated with the current household battery collection program, allow expansion of the program, and help in removing Mercury (an element in batteries) from the waste stream. The grant is in the amount of $7,811 with a County match requirement of $2,600. Matching funds are available in the Recycling budget. RECOMMENDED MOTION AND REOUESTED ACTIQNS: Staff recommends acceptance of the Grant and associated contract from the North Carolina Department of Environment, Health, and Natural Resources, Division of Pollution Prevention and Environmental Assistance in the amount of $7,811. If Commissioners accept the grant, it will be included in the FY97-98 budget. FUNDING SOURCE: Federal S: State S: 7,811 County S: 2,600 Uscr Fecs S: Other S: Money Is In Current Budget: part New Appropriation Request: yes Budget Amendment Prepared: no I LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: 1 Recommend approval. -~ ~~~~~~ .~ ~ .:x-14 7 Refer to Office Vision Bulletin Board for Disposition ` ~ ~tEW ~,ANOV~~Z • ! INTEROFI . , May .S, 199? To: Ray Church, Director, Environmental Manage From: Geoffrey H. Little, Solid .Waste Planner Re: Request for Agenda Item.to Accept:Househoh Attached are copies of a contract to accept the above the NC Division of Pollution Prevention and Envir~ awarded late June 1996. However, thee. project w activities from last year's storn~s;~ and with the initiat and a recpvered glass bunker project for which a prey The grant, activities are as follow: l,, bevelop collection pointy at 2 retail~outlets ah •2'. Piovide collection bins in 2 schools along wit' 3. Offer drop-off capabilities to local mun.icipali 4. Document collection from the cxpaiided sites. C U~1~'Y ~ . Po t-i1' Fax Note 7671 0'•9 Sl ( pas,~t• ~o , To From ~ ~ `` Co. ept. O eo` e~lt-~L- Pno e a ~Iwne « 4-~.~3 Fac ~~~~ ~ FeK M 3~t me t l B ttery Grant re erenced grant in the amount of $7,811 from •n 1 ntal Assistance (DPPFA). The grant was ~s i~•en low priority in light of the clean-up on, f cardboard baling operations at WAST>/C iou grant was received. Ong vith educational literature. ~ e ucational literattue. ,. ies Over the.past year, Nancy Pritchett at beep America eautrful has developed collection points at several schools along with several County agencies; wltioh addresses item 2 above. Grant funds ~votrld cover the costs for new containers or the new drop-ofE' sites, consisting of 55 gallon barrels with lucking lids; barrel liners, and bane covers, and will cover the costs associated with transporting and recyclvng'the. additional. materials for one year. Cotulty financial obligations will be 52,600, ~rhich are accounted for in the upcoming budget . Also attached is a request to extend the funding period or one year to allow full implementation of the program. According to published literature, houselr ld batteries account for approximately 80% of the mercury in the waste strgam. Removal of mere y from WASTEC and the landfill through rec}•cling will benefit operattons and the environment. otwty Recycling currently offers household battery drop-off containers at each of the seven Count Recycling centers. The grant will greatly assist the Department in offsetting the costs for irnprov~ our battery recycling program. Please let me know should you Piave any questions or co ments regarding the above request. ~ ~~ c; Dennis Burks; ~Ivlaciager E&VJR Programs Dottie Ray, Grants,C,oordinator . _. f :; ~~ 148 -~ _.. " .._~i hf"1 L. GIY V~1 Rll1Yi~ ..~~~~~~ ~ ~ i t t • • a e of ort Carolina S N h Department of Envlronment~:: Health and Natural Resources General Services Division' James B. Hunt, Jr., Governor ~ Jonathan B. Howes, Secretary . , laird Davison, Director ._ ... ~. June 18, i 99 ~ i Mr. Geof~l-ittle i New Hanover County ~ 3002 US: Hwy 421 North . Wilmington, North Carolina 28401 . ~ ~. Dear Mr. little: 1 1 ~~~ ~..~~~~ ~EHNR Enclosed-please find two (2) signed duplicate on finals of Contract Number H 7001 between New Hanover County and the Departm nt of Environment, Health, and - Natural Resources. I would 'appreciate your exe ~ uting these documents and returning one (1) duplicate original to my office, ithin 30 days. Until such time that this contract is signed by all parties and ret rned, the process for payment cannot be completed. ~ ' Invoices or matters regarding work to be perfor ed should be directed to the Contract :Administrator, Scott Mouw, Office of aste Reduction, P.O. Box 27687, Raleigh, NC 2761 1-7687, (9191 715-6500. Should you have any questions regarding the co tract, you may contact Johnsie Robinson at (919) 715-3895. Please mail the signed contract to: DEHNR, Purc ase and Contract Section, P.O. Box 27687, Raleigh, NC 2761 1-7687. Sincer ly', .~ (~R(~ ~ 7~ue~ ~ Doris E. Strickland, Chief Purchase and Contract Section DES/smg Enclosure cc Scott Mouw ' P.O. Box 27687, Rdglgh, North Carolina 27611- 687 Telophon©919-733-9746 M Equal Opportunity Affrmalivc ACHon Employer recycled/ l o`f6 post-coruumer pcper j- 14~9 ~~ :~ .. > CONTRACT NO H ~ Q Q 1 STATE OF NORTH CAROLINA ! ~ CONTRACTOR'S FEDERAL ID NO. COUNTY OF WAKE • ; S6-6000324 COOI~ERATIVE SERVICE .. GREEMENT This AGREEMENT is made between the North arolina Department of Environment, Health, and .Natural Resources (Department) and New anover County (Contractor). IT IS AGREED THAT: i . 1. ~ The Contractor will provide in'a manners tisfactory to the Department the work described in "ATTACHMENT A" which is i corporated as a part of this agreement. i 2. 'The Department shall pay the Contractor sum of money not to exceed SEVEN THOUSAND EIGHT HUNDRED ELEVE DOLLARS ($7,811.00) for services. Payment wilt be made upon receipt of an nvoice documenting costs incurred in ' the performance of Work under this agree ent. 3. 'The parties to this agreement,agree and nderstand that the payment of the sums . specified in this agreement is dependent nd contingent upon and subJect to the appropriation, allocation, and availability f funds for this purpose to the Department. 4. • This agreement shill be effective for the eriod July 1. 1996 to June .30.1997. 5. 'The Contractor will secure at f~is own exp nse, all personnel required in performing the services under.this agree ent. Such personnel shall not be _ employees of the Department. 6. In the event the Contractor subcontracts f r any or all of the services or activities covered by this agreement: (a) The Contr ctor is not relieved of any of the duties and responsibilities'provided in this agree exit; (b) The subcontractor agrees to -abide by the standards contained herein r to provide such information as to allow the•Contractor to comply with these stand rds; and (c) The subcontractor will `agree to allow state and federal authorize representatives access to any records pertinent to its role ~s a subcontractor. 7. .The Americans with Disabilities act 1990 ADA) makes it unlawful to discriminate ' in employment against a qualified individ al with a disability and outlaws discrimination against individuals with dis bilities in State and focal government services and public~accommodations. Th Contractor certifies that it and its principals and subcontractors will comply ith regulations in ADA Title 1 of 3 J~~ 1. 8. 9. ~ k,. ~ CONTRACT NO. H 7 0 Q 1 --- (Employment), Title' II (Public Services), a d Title Ilf (Public Accommodations) In 'fulfilling the obligations under this agreem nt. The Contractor shall act as independent ontractor and not as employee of the : State in performing the services under thi contract. The State shall be liable in ' tort only as provided in the Tort Claims A t, G.S. 143-291 et.seq. Tha Contractor agr2es that the State may have the right to audit the records of the Contractor pertaining to this agreement b th during performance and for 36 ' ': months after cvmplefion or termination. he Contractor must retain all records relating to this agreement and allow empl yees or agents of the Department to inspect such records during the period of ime set out herein. 10. :The Contractor agr~es that he shall be re ponsible for the proper custody and care of any State owned property furnish d him for use in connection with the . performance of this agreement and will re mburse the State for its loss or damage. 11. ;This Agreement may be amended by the utual agreement of both parties. Any ' amendments shall be in writing and signs by both parties. ' 12. ~ If, through any cause, the Contractor shat fail to fulfill in timely and proper manner the obligations under this agreement, the epartment shall there upon have the right to terminate this contract by giving w itten notice to the Contractor of such termination and specifying the reason the eof and the effective date thereof. The :Contractor shall not be relieved of liability to the Department for damages sustained by the Department by virtue of ~ny breach of this agreement, and the Department may withhold payment io the I~Contractor for the purpose of set off until . such time as the exact amount of damages due the Department from such breach can be determined.' 13. ~ This Agreement may be terminated by sit er party upon 30 days written notice to the other party. 14. 15. 16 . The filing of a petition in bankruptcy or insolvency by or against the Contractor shall terminate this agreement. The Contractor shall not assign or transfe any interest in this agreement. I !t is agreed betweeh the parties hereto th t the place of this agreement, its situs ~ and forum, shall be~Wake County, North ~ arolina, and in said County and State shall all matters, whether sounding in con ract or tort relating to the validity, construction, interpretation and enforceir nt of this agreement, be determined. . 2 of 3 .~ i 151 ,. :, . ~ ~ • .- ~ CONTRACT NO. }j ~ ~ Q Q 1 17. ;Attachment of terms and conditions (othe than those authorized by the ' Department) to this;agreement shall caus this•agreement to be invalid. . , 18. Geof Little is designated key personnel fo the Contractor. i 19, ' ,~~ot~ Mouw is designated as the project ~ oordinator for the Department. ; i IN WITNESS WHEREOF, the Contractor and fh Department have executed this agreement in duplicate originals, 'one of which is refain d by each of the parties. ' ; ~. CONTRACTOR ~ NORT DEPARTMENT OF ~ ~ ~ NT HEALTH AND NATURAh RESOURCES i By ~ {~.Jonathan,B. Howes, Secretary Contracfor.'s Signature ~ ~... ;Typed Name ; _~x ~ U . ~ ~ Depa ent Head's Signature ~ . or A thorized Agent . Title (Owner, Partner, or Corp. Pres. or Vice-Pres. Only) WITNESS: . Signature ~. i 152 '. WITNESS: ~~J Signature .. . .~.r. i 3of3 ~,~ ', ~~ 1: 1 1 1 1 ATTAC~f~ENT~_. : ss SCOPE OF WO i , , • NEW HANOVER CO TY . 1996 SOLID WASTE REDUCTION A SISTANCE GRANT i 7uly 1,1996 -June 30, 1997 The Scope of Work for this project is as follows: I.. ~ Prepare and send to the Office of Waste Reduc ion a work plan for the project ' ':within thirty (30) days; after the contract has be n signed. 2. ~ Develop battery recycling collection points at t wo (2) retail outlets. Distribute .educational/informational literature at all retail~outlet battery collection points. . 3. ;Provide collection bind in rivo (2).schools. Di.. ribute educational/informational literature at all school battery collection points 4. :Offer to provide the tl}ree local municipality d p-off stations with dry cell battery ,receptacles. T~istribute educational/informatio a! literature at all combined 'recycling drop-off station battery collection po nts. Inform appropi'iatc recycling . staff on proper battery.recyclingsnd on the as ects of the collection program. .• 5. i Document to the extent feasible the amount of waste reduction or tons diverted ' from landfill and/or incineration as a result of is grant project. 6. ~ 11pon request, make .information about the gra t project available to other parties w'ho may be considering a similar project. . 7. Ensure that all publications or public service a ouncemcnts produced as a result of this grant award explicitly state: "Funding f r this project tivas provided in part through a grant from tyre North Carolina OfEc of Waste Reduction. Department of Environment, Health, and I`'atural Resource ,"and, if printed, are printed on recycled paper. 3. s Prepare a final report,'double-sided and on recycled paper, to be submitted to ~. 'the Office of Waste Reduclion on or before Jui~c 30, 1997. Submit a draft copy of , the report, double-sided and on recycled paper, to the Office of Waste •_ 'Reduction for review on or before May 31, l9 7. I . , 153 } ,, .; :, 'ti ., ., .~ .. :, :.~ 154 1 1 REQUEST FOR BOARD ACTION ~' ~ Meeting Date: 05/19%97 EZegular Item #: ~ Consent Item #: 12Additional Item #: Department: County Manager Presenter: Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT• Approval of contribution of $200 for FY97-98 to Eastern North Carolina Chamber of Commerce t BRIEF SUMMARY: The attached letter from the Eastern North Carolina Chamber of Commerce requests that the County contribute $200 to the Eastern Center for Regional Development, which the Eastern North Carolina Chamber of Commerce will merge into. This organization is open to all 43 eastern North Carolina counties and provides free staffing support to Eastern Delegation and others. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Federal S: State S: County 5:200 Uscr Fccs S: Other S: Money Is In Current Budget: no New Appropriation Rcqucst: yes Budget Amendment Prepared: no I LGL: FIN: BUD: HR: I TY MANAGER'S COMMENTS AND RECOMMENDATION Recommend approval. J.~Pf~~® ~ d... ~~~ RElN®1~~ +~~ ~~5~'~~ ~~~~._ ~ fq_~ ~~ ., y~ 5 5 Refer to Office Vision Qullctin E3oard for Disposition EASTERN CHAMBER THE EASTERN NORTH CAROLINA ~ CHAMBER OF COMI~iERCE A NONPROFIT CORPORATION FOR REGIONAL DEVELOPMIIVT~., April 29, 1997 ~ 1~ti ~ C~ C~ ~ d ~ D .. I ) County of New Hanover I ppR 3 0 199 . ATTN: Allen O'Neal' NEW HANOVER CO. 320 Chestnut St., Room 502 MANAGER'S OFFICE Wilmington, NC 28401 Dear Mr. O'Neal: This is my third year serving as a member of the Eastern North Carolina Chamber of Commerce's Executive Committee, and it was my privilege to serve as chairman of the Eastern North Carolina County Council Executive Committee for two years. I have seen firsthand how the Eastern Chamber acts as a voice for the entire region of Eastern North Carolina. This organization of volunteers works equally with its local government members and business members to help provide for us a future where we can live in a healthy environment with good schools and with access to good health care and good jobs, so we will not have to continue to watch countless numbers of our children leave their home counties to seek their livelihood in the wealthier counties to our west. To be able to pursue its numerous programs, the Eastern Chamber does need your support. We~ would like for your county to appropriate $200 in Fiscal Year 1997/98 as a grant to the Eastern Center for Regio~ial Development. The Eastern Chamber will be merging into this new entity later this year to provide it with true, 501(c)(3) educational, nonprofit status. The Eastern Center will carry on all the program of work heretofore handled by the Eastern Chamber. Tlie change in the name and status of the organization will only Delp us in our efforts to work for economic self-sufficiency in the East. .Among its. most important programs, the Eastern Center will continue to provide free staffing support to the Eastern Delegation of the General Assembly, made up of tl~e 70 legislators representing the 43 eastern counties. It also will continue to provide free staffing to the Eastern North Carolina County Council and the Eastern North Carolina Municipal Council. The County Council is a regional_organization open to all county commissioners and managers in the 43 counties of Eastern North Carolina. It gives couny officials a forum for working together on issues that particularly affect us here in the East. We welcome your participation in its programs.' If you Dave any questions or need additional information, please contact Robert Hackney at the Eastern Center office (919-946-5229). ~ , Very truly/yours, - ~~. '~I •4 H.L. Sorrell, Jr. ~ ~ ~-'~3 , Vice an for County Nl~embership Development 408 NORTH MARKET STREET • P.O. BOX 787 • WASHINGTON, NORTH CAROLINA 27889 TELEPHONE (919) 946-5229 FAX (919) 974-2490 NOT AFFILIATED WITH LOCAL CHAMBERS OF COMMERCE 1 1 REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 Regular Item #: Consent Item #: 13 Additional Item #: Department: Aging Presenter: Page Count In Agenda Package: Contact: Amy Akin SUBJECT: Award of bid # 97-0334 and approval of contract # 97-0334 for in-home aide services. BRIEF SUMMARY: Bids were received for the provision of in-home aide services for the Home and Community Care Block Grant administered by the Department of Aging. Two of the bids received did not provide all the required information. Therefore, the staff is recommending that the award of bid be made to Assisted Care of Wilmington, North Carolina. A copy of the evaluation results is attached as part of this packet. (A separate agenda packet is being prepared by Annette Crompton presenting Block Grant Committee funding plan for neat year.) See Consent Item # 6 . _RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of resolution awarding contract # 97-0334 to Assisted Care, Inc., of Wilmington, North Carolina, the most responsive bidder; at the unit prices of $10.54 for Level 1, $10.86 for Level II, and $10.86 for Level III. Staff.also recommends approval of standard county contract. (Contract is on file with the Purchasing Agent.) FUNDING SOURCE: Federal S: 154,982 State S: 8,156. County 5: 18,126 User Fecs S: Other S: Money Is In Current Budget: Yes New Appropriatron Request: No Budget Amendment Prepared: No ~ LGL: FIN: APP BSHELL BUD: APP CGRIFFIN HR: ~ COUNTY MANAGFR'S COMMENTS AND RECOMMENDATIQNS: Recommend approval. ,~ ~, ~. fi. ~U6~ s ~ ~~ :~ ~~._ ~_~/~~~~? ' 157 Refer to Office Vision Bulletin Board for Disposition .RESOLUTION ., ~ ~ OF THE . BOARD OF COMMISSIONERS ~, OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the. Finance Department at 11:00 a.m, on the 24th day ~of April, 1997, at the County Administration Building,. 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for in-home aide services for the Aging Department, Bid # 97-0334: ~~ Bidder Level I Level II Level III dMS Progressive Services, Inc. $10.38 $11.58 $I1.S8 Assisted Care $10:54: 510.86 $10.86 . Well Care & Nursing Sen•ices, Inc. $11.89 $12.33 $12.33 ' AND WHEREAS, the bids received from dMS Progressive Services, Inc. And Well Care & Nursing Services, Inc. did not pass the first .section of the bid evaluation form and were therefore considered nonresponsive; AND WHEREAS, the Director of Aging; the Finance Director and the County Manager recommend that the contract be awarded to Assisted Care of Wilmington, North Carolina, the.only responsive bidder,;at the unit costs of $10.54 for Level I, $10.86 for Level II, and $10.86 for Level III; ' AND WHEREAS, funds are to be appropriated in nit }'ear's budget to cover this contract; NOW, THEREFORE, BE TI' RESOLVED by the Board of County Commissioners of New Hanover County that the contract for a in-home aide services for the Department of Aging, Bid # 97-0334 be a~~arded _ _ to Assisted.Care at the unit casts of $10.54 for Level I, $10.86 for Level II, and $10..86 Cor Level III; and that . the County is .hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 19th day of May, 1997. (SEAL) ATTEST: jlr ~ " ` . ' .'~,! -....G``~.~ 'r i.°. ~. tip. `. ~ «r ~'. ~~~.. Clerk to the Board ~.,. '~ -~~;,z~s~!~ 1 58 ~ ~~ Chairman, Board of County Commissioners 1 i z 0 . H 1a ,~I' W ~'~ W W E"' r-ti ~ Z ~~ r O t a~ ~ _ ~ ~ o o ~ ^ ~ ~ N o C ~ N U ~ o ~ ~ a _ ~ ¢ [ ~~a~ ~ N~ o o . Ub b ~ cn `~' ~ U Q H ~ ~ ~ ~ ¢ ¢ ¢ ¢ a a a ~ C~ M U ~ C ._ O •' C N ~ .~ t... ~ N ~. ~ O ~ a '~ ~ ~ ~ C ~ C •O ~ ~ ~ ~ . .~ Cn -- 4. O ~ ~ ~ ~ b C 3 Q n. (.z, v . ~ c r~ ,~ f3-~ N ~-1 U Li. LL f-' ~. ~ V ~ C C G ~ ~ ~ .~ _ ..O C N ~ a~ o .~ 3 -b ~.. ~ vi i C 'b c • U ~ y ~ 'in y C ~ O p„ N ~ ~ U ~ ~ .!J L ~ ~~ ~ N C ~ ~ c0 ~ b ._ ~ "L7 ~ M ~ ~ ~ 3 ..~ ~ c c ~ C d y O C .__. cd ~ t... b C ~ ,> O N ~ ~ .3 ~ ~ N ~ ~ ~ ~ ~' C O r. 'L o o 4. C ~ c~ .., y L1. O V 'vI ~ v ~ G7 -' ~ ~ 4. vi ~ ` ~~j C cd N a .> ° b ~ v~ ~ U ~ v N G:. •~ ~ -- O .r :i7 o ~ ' N ~ N C ~ ~ Q\ ~-' r a N o ~ . ~' ~ ~ o t]. T7 vii •• U U ~ ' C% ~ ~n N O ~ ,__ '_' t... ~ ~ ~ ~ a ~ W~ ¢ .. ~ o v -D a~ .~ ~ u -~ ~ v U1 ~,, a~ ~-. 'D --~ N M 159 a-~ L i ~ "~ ++ ~ H t' ~c3`~ ~' Y (,) {-. N O O t~ cC O N Q~ _ .~ ~ {..~ ~ ~ o ~ ~ ~ . M '"+ N .~ .. . ~ _ N ~ ~ U ~ y c 3 ~ ~. ~ ° ~ n .• ~ +~ U ~ O a~ c~ > y • C N O u ~ '~ N ~ ~ ~ p C~v ~ cv~U a~ u c _ O U ~ p CL .~ s -~ _ °- °' -° -n ~ C a O ~ ?~ U p vi U cd ~ 'j ~ W ^, id C • ..+ O O U vi v~ ~ L O O W 3 .U O _ •O ~ ~ ~ v i O ~ ' C C L1. cd cC C., ~ +~ p O U ~. ~ ,~ YC r v~ ~, p C3. u O '. C N ~ _ . v~ -- ~ C •Y • U ~ .. c.., T ~ ~ ~ . c~ c~ in . r > p O ~ - j ~ G, `~ C ~ ,~ Q, c~ . C U C 'b ~ ~ G . ~ C ~ ~ ti O • ~ C ~ ~. ~ v ~ ~- O U ~ N ~ y r ' ~, ~ U > u O C U B .~., p ~ L u t«., ~ ~ ~. O r j ~ ~ a O ~.. O • ~ ° ~ w ~ ~ c3 ~ _ L1 i1. U U i ~ " u ' U ~' " • C N c C u n fl V CO c O a~ C7 • ~ ~ > b > y C J y~ ~„ ~ ~„ , GL > L G _ ~ N v ~ ~ N GD -p • ~ _~ ~ ~ ~ ~ C • ~ > Cr r, o -b r ? ~ ~ p p .- b o ~ a~ -o o a u `- ~ ~ p w u r-. • ,~ y cc 1.~ • ~, .p ~ _ .__. ~_.~ • L N C V ~ o ~ U Q. Q tr 'L7 ~ O U '~ k ~~ E ~ o 0 0~ p .n c ~ .. .~ -v r.., ._ ~, p ~, 3 ~ ^e 8 ~ a~ ° ~ h ~ ~ ~ ~ ~ • ~-' ~ C ~ .D C ~ • O O c,.., p ~ ~ ~ ~ d O • ~, CU7 c . C •h ~ t~ U ~ ~ ~ ~ ~ ~ ~ ~ N . . O . ~ d. c'1 -.C.i M r td: O. ~ ~ c: O N , ., p ~~. C . C ~ Cn c... C~ ~ ~--~ ~--~ ~ U ~ ~ ~, ~ C N ~ ~ 1^, ~ ~ c~ Q ~ C O Cn -D ~ C N ~ u O N 'b `C ~ p • u p u Cn ' O c~ i ~, v y «.. ~n ~ O r O ~ h ~ ~ ~ ~ ~ o~--~ ~ Q > ~ 3~° a > z~ ~ a - ~ - ° • -~ ~ o w -- ~> u V] E"' c~cS t1. Cl. .~ N ~,; ~.j 1UU 1 1 1 L 1 1 1 1 t e 00 M M ~ N N_ _ _ 69 69 69 O ~ ~ ~ b - ~ v1 00 00 ~ ~ ~ O r. N ~ ' ~ ~ ~ N ~ CC ~ 69 64 69 H O ' .~ Y N ~ c y+ ~ ~ •N ~ N G •U O O C y `t .~ ~ . _ U ~ . `~ ~ ~ Qi i R7 a O >+ O .~.~ . 00 00 00 M V'1 Vl O ~--~ ^•~ 69 69 69 Cn C ~ N •> v i N ~ ~ ' y U O U a~ y . ~ U . ~. C -~ u 3 °- ~ ~ ~ > ° ~ w ~~ ~ id C O U U ;,n ~ O ~ ~ fl. ~ ~ ~ ~ ~ ~ ~ . = cC ~ . C ~ `~ ~ ~ bn ~ ~ ~ .~ O .. . U y c~ c G c~ Z ~.~ ti y N ~ p U U U C r~ N D ~ ~ N C C C C O • ` . > ~ L O C O ~ ~ ~ .r ~= ~O U `n y ~ y ~ C ~ ~ ~ 0. ~ ~- ` U ~ .D ~ cd _ C ~ ~ „ ~ p 0 0 .r ^ ~O O O ~ ..~ O . ' _ Cr I~ t U vJ N ~ p ~.~ O O O u ' G. C O 69 69 69 oD ~" O 't7 C ~ N ~ ~ ~' ~ p ~ „ O. L V ~ C 'i7 ,C ~ «7 ~ •C ~ h . ~ v' ~j C ~ ~ c; O X ,.. N M h ~ -o ~ • h o ~ ~ a i ~ > •~ 3 ~ o 0 o W .r ~ ~ ~ •~ .~ c C ~ .~ u u W ~ H ~ ~ cn n ° ~ o, ~ ~ .~ ~. " F.. F ~ ~ ~ N M ~ z ~ ~ ~ ri ri F" ~ ~ ~ --~ 161 DRAFT New Hanover County Contract # 97 - 0334 NORTH CAROLINA NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day of 1997, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and ASSISTED CARE, INC., a North Carolina ,corporation, hereinafter referred to as "Contractor". W I T N E S S E T H: WHEREAS, County advertised for bids. for In-Home Aide Services for the Department of Aging Bid # 97-0334, and bids were received and opened as required by law; and WHEREAS, after careful consideration of the bid proposal submitted by Contractor, the Board of Commissioners of New Hanover County has adopted a resolution authorizing the acceptance of such bid proposal and ;the execution of a contract with Contractor covering the purchase and delivery of In-Home Aide Services, according to Contractor's Bid Proposal. NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, said parties covenant and agree as follows: 1. Performance. Contractor agrees to perform all the duties and obligations set, forth in the Bid Package, which includes County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked Exhibit A; and Contractor's Bid 162 1~4 - - .~. .Proposal, marked Exhibit B; are attached hereto and made a part of this contract as though fully written herein. ~~ 2. Term. This contract shall commence on July 1,- .1997, and shall continue until June 30, 1998. This contract is contingent upon receipt of federal funding; any reduction or '~~ withdrawal of funding shall constitute grounds for Agency to forthwith terminate all or a portion of this contract. The arties ma b written a e rn p y y gr e ent renew this ,~ agreement for two (2) additional one (1) year periods upon the same terms and conditions as set forth herein except that to adjust for inflationary factors, price per unit of service: charged. by Contractor will be negotiated to ,:determine a uaranteed fixed rice er unit of service. g p p Any rate adjustments established will be effective July 1st of each renewal year and ~` the increase shall not exceed the Consumer Price Index inflation. ,~: percentage as furnish by the North Carolina Division of Aging. ,, 3. payment. The price per unit of service will be as ~~: follows: a. In-Home Aide Level I $10.54 unit cost. b. In-Home Aide Level II $10.86 unit cost. ~~. c. In-Home Aide Level III $10.86 unit cost. County shall pay the Contractor the established unit cost er p level of service for each delivered unit of service that satisfies all requirements of this contract. Contractor shall ~~ submit monthly bills to the Department of Aging and monthly bills ~~`; shall be paid by the County within thirty (30) days of receipt of ~: 2 163 invoice and reimbursement. to County from Division of~Aging: • 4. Indemnity. Contractor shall indemnify and:hold~ New Hanover County,. its agents and employees, harmless against any and. all. claims, demands, causes of action, or other liability, including, attorney- fees,. on. account •-~of personal . injuries or death or on account. of property damages arising out of , or relating to the work to be 'performed by Cont-ractor hereunder,. resultng•from the .negligence of or the willful act or omission of .Contractor, his agents, employees and subcontractors.. ,- 5. Insurance. Contractor shall. maintain insurance from companies licensed to ,write business in.North Carolina and acceptable. - -to New Hanover ~ County, of the kinds • and minimum amounts specified below. ~ _ .. ' - - ~ 6~. • -, c'Prr i f i cafes and Notice of Cancel la ion. Before commencing work under this contract, Contractor s-hall furnish County .with- certificates of all insurance required below. Certificates shall indicate the type., amount, class of operations • covered, effective date and expiration date of all policies,' and' shall contain the .following statement:. ~, a _ . ~ i. ..t .. ....., ~, "The insurance covered by this: certificate will not be canceled or materially altered, :except after thirty '(30) days .written notice has been received by County". j 7 W _ r - -n. _ • If ~ n[...~ avers Liab' Insurance. Covering all of the Contractor's employees to be engaged in the work under this contract, providing the required 164 1 .r, statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in ~` the amount of 100 000 S00 000 100 000. a licable to cla' $ / / PP ims due to bodily injury by accident or disease. 8. Commercial General Liability. Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. Exclusions applicable to explosion, collapse .and underground hazards are to be deleted when the work involves these exposures. The policy shall provide liability limits at least in.the amount of $1,000,000 per occurrence, combined .single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. 9. ,Automobile Liability Insurance. Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $300,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. The coverage shall be written in the name. of Provider and County and shall protect the subcontractors as their interests may appear. 10. Pmfess~onal Liability Insurance Provider will be required to take out and maintain Professional Liability Insurance providing liability insurance limits at least in the ,~ amount of $1,000,000 Dollars applicable to claims arising from t v 4 165 the rendering or failure 'to render medical professional service by any-employee or'agent of Provider. New Hanover County shall ~ be endorsed as a n additional insured 'under this policy. 11. D efault and Termination. If Contractor .materially breaches any one of the terms or conditions contained in this contract, County may terminate this contract forthwith. Upon termination, County may,~without prejudice to an action for damages or any other remedy, take the prosecution of the work out. of hands of the contractor. County may deduct all costs of completing the contract from any monies due or which may become due to Contractor. If funds for this program are terminated or otherwise unavailable, this contract is automatically null and void and County relieved from any of the responsibility except for units of service already completed. 12. Non-Waiver of Rights. It is agreed that County's failure to ;insist upon the strict performance of any provision of this contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this contract. 13. .Subcontractors. Contractor shall be fully responsible for all negligent acts and omissions of his or-her subcontractors and of persons and organizations employed by them to the same extent that Contractor would be responsible for these acts and omissions.. Nothing in the contract documents shall create any contractual relationship between County and any subcontractor or other person or organization having a direct 166 5 r contract with Contractor, nor shall 'it create any obligation on the part of County to pay any money due any such subcontractor or other person or organization, except as may otherwise be required by law. 14. Assignment. The parties mutually agree that this contract is not assignable and shall not be assigned by either party without the written consent of the other party and the surety to this contract. 15. Non-Discrimination. Contractor will take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the .project which is the subject of this contract because of a e, race, creed, color sex . g , .• age, disability or national origin. To the extent applicable, Contractor will comply with all provisions of Executive Order No. 11246,. the Civil Rights Acts of 1964 (P.L. 88-352) and 1968 (P.L.~ 90-284), and all applicable Federal, State and local laws,, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to .prohibit discriminations. Violation of this provision, after notice, shall be a material breach of this agreement and may.resul.t, at County's option,. in a termination or suspension of this agreement in whole or in part. 16. Familiarity with Laws. The Contractor specifically acknowledges that he has made himself familiar with all Federal, State and local laws., ordinances, rules and f 6 167 regulations, including all Federal and State Occupational Safety and Health Act (OSHA) requirements, which may-~in any manner - affect those engaged 'or em loved in the work of the ro'ect~ or P P J the materials or equipment in or about such work, or in any way affect the conduct of -such work-' and agrees ~ that he', his employees; subcontractors and suppliers will, at all times, comply with same. If the Contractor shall-discover any , provisions in the Contract Documents which are contrary to or `~ inconsistent with any such law ordinance, rule or regulation, he shall-immediately give notice thereof to the County in writing, identifying any 'items of work-affected, 'and he shall not proceed until he'=has received written direction from the County with respect~to these items. If-the Contractor performs contrary to' .. or inconsistently with any such law ordinance rule or regulation without giving such notice, he shall bear all costs which area consequence of such performance. - 17. Notices. All notices required 'hereunder to be sent to either party shall~be~sent to the following designated addresses, or to such other 'address or addresses as may hereafter be designated by`either party by mailing of written notice of such change' of address, by Registered Mail, Return Receipt Requested :. ~~ To County: New Hanover County Department of Aging Attn: Annette Crumpton 2222 South College Road ' Wilmington, NC 28403 168 1 1 1 1 1 1 Y I 1 1 1 1 I I 1 1 1 1 To Contractor: Assisted Care, Inc. Attn: Russell Herring, President P.O. Box 7665 Wilmington, NC -28406 18. Independent Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, and as such, Contractor, his or her agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension or retirement benefits. - 19. Interx~retation. All of the terms and conditions contained in the contract documents shall be interpreted. in. ,. accordance with the laws of the State of North Carolina. 20. Entire Understanding. This contract 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 contract shall be effective unless evidenced by a signed writing. IN WITNESS .WHEREOF, the parties have caused -the - execution of this instrument, by authority duly given on the-day and year first above written. NEW HANOVER COUNTY [SEAL) Robert G. Greer, Chairman Board of Commissioners g 169 ATTEST: Clerk to the Board [CORPORATE' SEALS ~• ATTEST: Secretary • .ASSISTED CARE,-INC. President This instrument has been pre= - audited in the manner required by the Local Government Budget and Fiscal Control Act. 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 County Commissioners of New Hanover County, and-that by authority duly given and as the act bf the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by' herself as its Clerk. WITNESS my hand and official seal, this day of 1997. My commission `expires: 170 ' Notary Public 9 t t t t a 1 1 1 1 1 1 1 -~ STATE OF COUNTY~OF 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 ASSISTED CARE, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its official seal and attested by herself/himself as its Secretary. WITNESS my hand and official seal, this day of 1997. Notary Public My commission expires: ~o 171 _ This page intentionally left blank 172 n ~' REQUEST FOR BOARD ACTION Meeting Date: 05/19/97 ~, Regular Item #: Consent Item #: 14 Additional Item #: Department: Sheriffs Department Presenter: Page Count In Agenda Package: Contact: Amy Akin SUBJECT: Award of bid # 97-0353 and approval of contract # 97-0353 for a voice logging recorder with pc playback station. BRIEF SUMMARY: Bids were received from five different companies. Two of the bidders, Business Communications and Tekton, bid the same unit manufactured by Racal. The Sheriffs Department determined that these two bids did not meet the specifications and were therefore nonresponsive. The remaining three bids were reviewed. .The price quoted for each base bid did not include the same options and accessories. Therefore staff configured each unit the same and compared the prices. Dictaphone had the lowest cost of the three. We requested fixed maintenance costs for the next five years (the first year is included in cost of the equipment). The attached chart shows that Dictaphone's five year cost for purchase and maintenance to be $1,669.82 more than Seltronics five year price. However, because Dictaphone's authorized service center is based in Wilmington and can guarantee a 2 to 4 hour response time, the Sheriffs Department is requesting the bid be awarded to Dictaphone. RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recommends adoption of resolution awarding bid # 97-0353 for voice logging recorder with•PC playback unit to Dictaphone Corp., the lowest responsible bidder for the equipment and providing a service program best suited to the County's needs, award in the amount of $54,966.70; resolution also approves contract draft # 97-0353 (Copy is on file in the office of the Purchasing Agent). ~ Federal S: State S: County S: 53,967 User Fees S: Other S: Money Is In Current Budget: Yes Budget Amendment Prepared: No New Appropriation Rcqucst: No ~LGL: _ FIN: APP BSHELL BUD: APP CGRIFFIN HR: Recommend appro ~~ eat ~ ~:., l~E~iIOV~~ P~ST~~I~~~t/ Refcr to OfLce Vision Bulletin t3oard for Disposition RESOLUTION .. .. .OF THE • .. BOARD OF COMM[SSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Departrrrent at 3:00 p.m, on the ISth day of April, 1997, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a voice Logging recorder with remote PC playback station for the Emergency 911 Center of the Sheriff's Department, Bid # 97-0353: Tek-ton Incorporated $44;196.00 ~ . Business Communications, Inca $51,722.50 ~ ~ • .Dictaphone Corporation $52,567:00 Lanier $53,995.00 ~~ . Seltronics Eyertle, Inc. $55,122.00 • AND WHEREAS, after review by.the Sheriff s Deparirrier-t, it has been determined that the bids from Tel.~ton Incorporated and Business Communications, Inc. do not meet the technical specifications of the bid and are therefore, nonresponsi ve; . • AND V1/hIEREAS, Bch the base price quoted by the remaining three bidders did not include the same . options and accessories and therefore staff configured each unit the same utilizing the pricing supplied in the proposal and the results were as follo«s: Tel.-ton Incorporated Nonresponsive Business Communications, Inc. Nonresponsive Dictaphone Corporation $54,966.70 _ Lanier $55,986.00.. Seltronics Eyertle, Inc. $57,657.00 • , 174• ~~ ,~. AND WHEREAS, fired maintenance costs for the first five years (the first year being included in the cost of the equipment) were requested as part of the proposal and the five year cost are reflected as follows: ~~' Maintenance Total Five (Years 2-5) Year Cost ~/' Telrton In corporated Nonresponsive Business Communications, Inc. Nonresponsive ~: Dictaphone Corporation $54,966.70 $21,560.12 $76,526.82. Lanier $55,986.00 $36,245.50 $92,231.50 Seltronics Eyertle, Inc. $57,657.00 $17,200.00 $74,857.00 ~. AND WHEREAS, after considering the five year costs Dictaphone Corporation is $1,669.82 more than Seltronics E}•ertle, Inc. but Dictaphone has a Wilmington based authorized service company that can ~5 guarantee response ~tiithin two to four hours for all calls; «fiereas the sen~ice center for Seltronics Eyertle, Inc. is based in Charlotte, North Carolina and can respond «ithin four hours for emergency calls and within twenty- ,n four hours for routine calls; AND Wl-IEREAS, the Director of Aging, the Finance Director and the County Manager recommend , that the contract be awarded to Dictaphone Corporation, the lo~~~est responsive bidder for the equiprt~t and providing a service program best suited to the County's needs, purchase price in the amount of Fifty-four } Thousand Nine Hundred Sixty-sip Dollars and Seventy Cents ($54,966.70); t~r AND WHEREAS, funds are to be appropriated in budget account number 110-431-4312-300-6400. and 110-431-4312-3000-4210 to cover this contract; NOW, THEREFORE, BE TI' RESOLVED by the Board of Count}' Commssioners of New Hanover County that the contract for a voice logging recorder ~~ith PC pla}'back station for the Emergency 911 Office of the Sheriff's Department, Bid # 97-0353 be a~~arded to Dictaphone Corporation; in the amount of Fifty-four Thousand Nine Hundred Sixty-six Dollars and Seventy Cents ($54,966.70); and that the County is Hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 19th day of May, 1997. (SEAL) Chairman, Board of County Commissioners ATTEST: Clerk to the Board 175 .i1EhiORANDUM May 2, 1997 To: Amy. Akin New Hanover County Finance Office From: Capt. J.S. Smith New Hanover Coun eriffs Dept. E-911 Center ~ • ~ " Re: Selection of vendor for digital audio recording After`careful review of the bid`packages submitted, DICTAPHONE is our selection as the vendor for the digital audio recording equipment to be utilized in the New Hanover County E-911 Center. The cost with. required accessorizs and options is X64,966.70. The vendor bids are summarized as follows: - _ " RACAL , Tlus manufacturer cvas represented by bids from hvo vendors, Business Communications, Inc. and TEKTON. The same equipment is offered in both'bids. While these units were lower in price initially, there were requirements which were not met, such as ANI . . capabilities,'tTAG function, and search capabilities: Additionally,. the PC playback station:. , offered did not include a built in DAT dm'e. ~ ` LA1ti~IER The price with required accessories and options was S55,986, and so above that of DICTAPHOi~1E. " ~ SELTRONICS The price with required accessories and options was S57,657, and so above that of DICTAPHONE. . 176