Agenda 1995 08-21
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'NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
AUGUST 21, 1995 9:00 A.M.
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 PAGE
TIMES ~ ~ NO.
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9:15a.m. ,~ • Presentation of Retirement Plaques 1
9:30a.m:
' ~ .Presentation of New Hanover County Employee
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9:40a.m. u
3, Consideration of ~-' ~.
5 '
a~,Pw,re~ ~ Approval of Collection Settlement ~ '
and Charges of,1995 "Levy
'' ~PPY~c~ rb. Reappointment of Mrs. Patricia J. Rayrior
as Collector of Revenue for 1.995-96.
cd ~ "~
~' 9:SOa.m. ~~~ Consideration of Approval of Consent Decree for 11
the Flemington Landfill
1 1 O:1 Oa.m. 5.~ ~~onsideration of FlemingtonOrdinance `Amendment
P ._ 55
.1 1D:20a.m. 6. Consideration of Appeal of Discovery from Tax
Management Associates of Falcon Cable Media 61
- 10:40a.m. 7. Consideration of New Hanover County Jail Medical 63
1 Services "Inmate Co-Payment Program"
'' 10:45a.m. 8. Consideration of Approval~of Contract with Coastal 71
Horizons for Operation of Day Sentencing Center
' 10:55a.m. 9. Consideration of Approval of Acceptance of Criminal 79
Justice Partnership Grant "Evaluation and Review of
Overall Program Results"
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11:OOa.m. 10: Committee Appointments ~ .. - •95
11:20a.m. 11 Meeting of the`Water and Sewer District _ ~ 121
ADDITIONAL ITEMS.: .. .
COUNTY COMMISSIONERS
COUNTY ATTORNEY. ~ . ~.
COUNTY MANAGER
Noon
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NEW HANOVER COUNTY WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
JULY 5, 1995 6:30 P.M.
ITEM NO. ITEMS OF BUSINESS
1. NON AGENDA ITEMS
2. Approval of Minutes
3. Approval of Request for Sewer Allocation/Northside
Wastewater Treatment Plant Greenville Properties
PAGE
NO.
123
125
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NEW HANOVER COUNTY_BOARD OF COMMISSIONERS.
CONSENT. AGENDA '
. AUGUST'21,~199~ . 9:00 A.M: ' , m
ITEM NO. ITEMS OF BUSINESS ~, PAGE NO.
1. Approval of minutes 129
2. Approval of disposal of a Ricoh copier from the Finance Office 125
as a $700 trade-in on the purchase of a new copier and associated : ~ r.
Budget Amendment #96-0022
3. .Approval of DWI mini-grant awarded to Sheriffs Department 135
in the amount of$2,820. ~ . ~ - ,
4. Approval of contract for professional services with UNCW for 141
Tidal Creek Water Quality Studies
5. Approval of Resolutions for road additions to the State 163
Highway System
Roads in River Oaks Subdivision
Wedgefield Drive in Crosswinds South Subdivision .
Roads in Wendover North, Willow Brook and
Jacobs Run Subdivisions
~CBuck Drive and Carolyn Hill Road
6. Approval of application to file for $137,462 in state funds for 171
the New Hanover County Library
7. Approval of request for refund on vehicle taxes from Zachary 177
Kent Northrup
8. Approval of Release of Value 181
9. Approval of New Hanover County and New Hanover County 183
Fire District Collection Reports thru July 31, 1995
10. Approval of acceptance of the Alternatives to 187
Detention Grant for FY95-96
11. Approval of Budget Amendments: 201
A. #96-0017 to adjust budget to actual FY96 allocation
($39,584 Elderly/Disabled; $0 Med Tap)
B. #96-0018 to rollover unexpended grant funds from FY94-95
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: 1 Consent Item #: Additional Item #:
Department: Human Resources Presenter: County Commissioners
Page Count In Agenda Package: Contact: Gladys Bryant
SUBJECT:
Presentation of New Hanover County Retirement Plaques
BRIEF SUMMARY:
The employees listed below are eligible to receive retirement plaques at the County Commissioners meeting
on August 21, 1995. '
Betty L. Swart - 12/07/82 thru 06/01/95
Jacqueline L. Watkins - 06/23/80 thru 07/01/95
Marcelle Austin - 07/01/83 tlult 07/01/95
James R. Parker - 03/27/85 thru 07/01/95
RECOMMENDED MOTION AND REOUESTED ACTIONS:
FUNDING SOURCE:
Federal S: State S: County S: User Fees S: Other S:
Money Is In Current Budget: Ne~v Appropriation Request:
Budget Amendment Prepared:
KN~VI'LWL' 1) t3X:
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: APP AMALLETT
COUNTY MANAGER'S COMMENTS AND RECUMMENUA"1'IUNS
Make Presentations '~,rZ~~z-~„ D
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Refer to Office Vision Bulletin Board for Disposition
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'"~ " RETIREMENT PLAQUES
NAME: Betty L. Swart
DEPARTMENT: Health Dept
JOB TITLE: Clerical Specialist I ~°1~
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YEARS OF SERVICE: 12 years 5 months
RETIREMENT EFFECTIVE: p:.
June 1, 1995' '
NAME: Jacqueline L. Watkins.,
DEPARTMENT: Sheriff
JOB TITLE: Deputy
YLARS OF SERVICE: 15 years
RETIREMENT EFFECTIVE: 1 1..995
July ,
NAME:
r Marcelle Austin
} DEPARTMENT: Aging
JOB TITLE: RSVP Project Director
YEARS OF SERVICE: 11 years 11 months
RETIREMENT EFFECTIVE: July 1, 1995 ~~ .,
NAME: James R. Parker
DEPARTMENT: _Sheriff _
JOB TITLE... Deputy
YEARS OF SERVICE:. _
_l0.years 4 months
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~ RETIREMENT EFFECTIVE: _
August .l, fi9.95
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. 'REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
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Regular Item #: 2 Consent Item #: Additional Item #:
Department: Human Resources Presenter: County Commissioners
Page Count In Agenda Package: Contact: Rosetta Bryant
SUBJECT: '
Presentation of New Hanover County Employee Service Awards
BRIEF SUMMARY:
Listed below are employees who qualify for recognition due to their length of service with New Hanover
County. Service awards will be provided by the Human Resources Department.
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FIVE (5) YEAR SERVICE AWARDS: Mark W. Vincent-Sheriff, Sidney L. Sullivan -Engineering,
Sarah G. Harrell -Health, Monique Simon-Health, Marilyn J. Catlett-Social Services, Doran C. Gause -
Social Services, Karen L. $atton-Parks and Stephen J. Toth-Parks.
TEN (10) YEAR SERVICE AWARDS: Sherry Peay-Finance, Brenda Coffey-Emergency Management, .
Deborah Biddle-Sheriff and Alberta Robinson-Social Services.
FIFTEEN (15) YEAR SERVICE AWARDS: Larry D. Mays=Social Services and Sharon F. Moore -
Social Services.. .
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Federal S: State S: County S: User Fees S: Other S:
Money Is In Current Budget: New Appropriation Request:
Budget Amendment Prepared:
a REVIEWED BY:
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN H :APP AMALLETT
a COUNTY MANA E S MMENT AND REC MMENDATIONS: `
Present awards..
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' Refer to OCfice Vision Bulletin Board for Disposition
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: 3a, 3b Consent Item #: ~ Additional Item #:
Department: Tax Presenter: None Required "
Page Count In Agenda Package: 2 Contact: Roland Register
SUBJECT:
Collection Settlement and Charges of 1995 Levy
BRIEF SUMMARY:
As required by N.C.G.S. 105-347 and 105-349, settlement of 19941evy and charges for 1995 are submitted
to the Board for the Collector of Revenue. Attached is the charge sheet.
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RECOMMENDED MOTION AND REQUESTED ACTIONS:
It is my recommendation the Board recognize the efforts of the Collector and her staff, accept the 1994
settlement, reappoint Mrs. Patricia J. Raynor as Collector of Revenue for 1995-96, and charge her with
collection of the 1995 levy. If this recommendation is approved by the Board, the Chairman, Clerk and
Collector must sign the charge sheet. The collection rate for the current year is 98.57 percent, compared
to 98.56 percent for the previous year.
FUNDING SOURCE:
Federal S: State S: County S: Uscr Fces S: Other S:
Money Is In Current Budget: Ne~v Appropriation Request:
Budget Amendment Prepared: ~~
REVIEWED BY:
LGL: N/A WCOPLEY FIN: N/A.BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend acceptance of 1994 settlement reports. Also recommend reappointment of Pat Raynor as
Collector of Revenue, and rging her with collection of the 1995 levy.. The Tax Collector is appointed
on a yearly basis. _ ~
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Refer to Of[ice Vision Bulletin Board for Disposition - " ---"-~
August 1995
'State of North Carolina - . , . .. .- . .
County of New Hanover • ~ , . , ..
•
"To the Collector of Revenue of New Hanover County: - ~ ~ - --
You are hereby authorized, empowerediarid commanded to collect the taxes set `'
forth in the tax records filed in the office of the Tax Administrator and in the tax
receipts herewith delivered to you, in the amounts and from the. taxpayers likewise
-therein set forth. -Such. taxes are hereby declared to be a first,~lien upon all real _
property of the respective. taxpayers in the County of New Hanover and this, order
shall be a full and sufficient authority to direct, require, and enable you to levy on
and sell any real or personal property of such taxpayers, for and on account
thereof, in accordance with the law.
Witness my hand and official seal, this _, day of 1995.
VIL411111Q11, LVUIU Vl VV111111~J.71V1ll,tJ Vl'L ~v ~~ 1iµ~ly• vVlaa a~~ -
_ Attest:
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Clerk~of the Board of Commissioriers of New Hanover County.;
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I, Patricia J. Raynor, Collector of Revenue of New Hanover County, hereby acknowledge receipt
of tax books for real estate and personal property for -Cape Fear, Federal Point, Carolina Beach,
Kure Beach, Harnett, Wrightsville Beach, Masonboro, and Wilmington Townships, for New , ~.
Hanover County. ~ ~-- ' ` ~" "'
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This day of 1995.
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- -• ~ - ~ - Collector of Revenue ofNew-Hanover County _ ~ -
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ROLAND G. REGISTER
Tax Administrator
NEW HANOVER COUNTY
TAX ADMINISTRATION
320 CHESTNUT STREET, ROOM 209
WILMINGTON, NORTH CAROLINA 28401-4090
TELEPHONE (910) 341-7131
NEW HANOVER COUNTY
SETTLEMENT OF TAX COLLECTIONS FOR 1994.
Original Tax Levy Per Scroll.
Discoveries Added
Less Abatements
Total Taxes Charged
Listing Penalties Charged
Advertising Fees Charged
Interest Collected
Cpst Collected
$ 48,210,776.61
2,401,314.93
141 568.27
50,470,523.27
34,744.03
12,711..00
98,846.60
27.049.39
$ 50,643,874.29
Real Estate Liens* 332,057.21
Delinquent Personal Property* 390,362.46.
Deposited-Wachovia Bank 49,921.454.62
- 50.643 874.29
$ .00
*Uncollected amounts include $9,581.22 owed by known bankrupt accounts.
Respectfully submitted,
Patricia J. Rayno~ iJ
Collector of Revenue
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ROL.4ND G. REGISTER.
Tar Administrator
NEW HANOVER COUNTY
TAX ADMINISTRATION
320 CHESTNUT STREET, ROOM 209
WILMINGTON, NORTH CAROLINA 28401-4090
TELEPHONE (910) 341-7131
NEW HANOVER COUNTY FIRE DISTRICT
SETTLEMENT OF TAX COLLECTIONS FOR 1994
Original Tax Levy Per Scroll
Discoveries Added
Less Abatements
Total Taxes Charged
Listing Penalties. Charged
Interest Collected
Real Estate Liens* 5,779.92
Delinquent Personal Property* 7,727.25
Deposited-Wachovia Bank 1.087.682.1.8
$ 1,067,779.04
60,541.55
29.689.18
1,098,631.41
685.43
1.872.51
$ 1,101,189.35
1.101 189.35
$ .00
*Uncollected amounts include $41.05 owed by known bankrupt accounts.
Respectfully submitted,
Patricia J. Raynor
Collector of Revenue
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. ~ REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: 4 Consent Item #: ~ Additional Item #:
Department: LegaVEnvir. Management Presenter: W. Copley, R. Church
Page Count In Agenda Package: Contact: W. Copley
SUBJECT:
Consent Decree -Flemington Landfill
BRIEF SUMMARY:
The United States originally asserted claims against~h~County as one of eight defendants for pollution of
groundwater in the use of a former landfill site. The asserted. claim was originally $1,000,000. The case can
now be settled for $175,000. .
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RECOMMENDED MOTION AND REQUESTED ACTIONS:
County pay its share .(allocated at 17.5 percent), not to exceed $30,625.00
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FUNDING SOURCE:
Federal S; Sfatc ~: County $: 30,625 User Fees S: Other S:
Money Is In Current Budget: ~Cp~CS New Appropriation Request: ~ (~O
Budget Amendment Prepared: 'iiQs No
REVIEWED BY:
LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval to pay $30,625 for County's share i ettling the Flemington Landfill suit. Funds
are currently budgeted in the non-department accou
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Refer to Office Vision Bulletin Board for Disposition
NEW HANOVER COUNTY
INTER-OFFICE;
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MEMORANDUM:
TO: New Hanover County Commissioners ~ ~ -
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FROM: Wanda M. Copley, County Attorney ~~
~.RE: Flemin on Landfill Consent Decree. E ~ -
DATE: August 9, 1995 ~,
Attached please find a resolution authorizing me, on behalf of the County, to execute the
final consent decree in the Flemington Landfill case. The County is one of eight defendants in this
lawsuit initiated in 1980 which alleged contamination from the operation of the Flemington Landfill.
In 1989, the County participated in a partial consent decree under which the Defendants completed
a groundwater study at the landfill at'the cost of approximately`$600,000.00. The results of the study
did not show any significant contamination of the groundwater in the Flemington area:. In,1990 the
EPA concluded that no groundwater remedial action needed to be undertaken at the site. The
remaining issue in the lawsuit was with regard to a coritinuing monitoring program at the site and
EPA's demand for the payment of past response costs in excess of $1,000,000.00.. After extensive
negotiations, the EPA has agreed to accept $175,000.00 in settlement of all claims for past costs.
Additionally, the -EPA has agreed to a monitoring program at the site extending from 3 to 5 years
from the date of the entry of a final,consent decree. The decree also requires the Defendants to close
out certain monitoring wells used during the groundwater assessment.
•, . . .
There is approximately .$90,000.00 remaining. in:a fund established .in 1989'or 1.9,90 tihatX
placed a $1.00/ton surcharge on the tipping fee for one year at the landfill. The fund can be applied
to the payment of past costs. and the anticipated monitoring and close-out costs. ~ The Environmental
_ , Management Department previously estimated that the monitoring program and •well close=out
would cost up to $40,000.00. That department is now in the process of updating these estimates.
Based upon previously agreed upon cost sharing arrangements, the County's cost would be` 17.5%.
Using. this percentage based' on the $175;000.00 settlement f gore, the County's cost would, be. as
follows:.. _ ._. . ~. ..... _ _ ._ . _
No contribution-from the Defendant's fund ~ .• -
,. $.175;000:00 ~~
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$3'0;625.00`.;, g~ i~ ~}.kYW'.
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If Defendant's fund contributes $50,000.00
$125,000.00
~ .175
$ 21,875.00
Until an updated estimate for monitoring and close-out costs is obtained, the amount of surcharge
funds that can be applied to the past costs claim is unknown. The resolution authorizes the payment
by the County of $30,625.00, but our final share should be less after we know how much of the
surcharge funds can be applied. '
Considering that this lawsuit was originally filed asking that the Defendants pay over one
million dollars in past costs, I recommend that the we settle this matter for the costs quoted here.
Please contact me with any questions. I have asked the Environmental Management Director to
attend the Commissioner's Meeting to answer any technical questions you may have.
WMC/kc
cc: Ray Church, Environmental Management Director
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RESOLUTION - -
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
- AUTHORIZING EXECUTION OF ~-
FINAL CONSI~NT DECREE IN '
- UNITED STATES V WASTE INDUSTRIES, ET. AL ~'
WHEREAS,~New Hanover County is one of eight defendants in an action initiated in 1980
titled iJnited States v. Waste Industries. Inc.; and -
WHEREAS, -the ~ defendants have previously enteied into a partial consent decree under
which they conducted certain. groundwater studies at the, now closed Flemington Landfill in New
Hanover County; and ~ ~. '
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WHEREAS, based upon the studies completed by the defendants, the EPA determined that
the landfill does not present an eminent and substantial endangerment to the health and environment
'~ of New Hanover County citizens; and ~-
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WHEREAS, the United States originally asserted certain claims against the defendants for
past response costs at the site in an amount over $1,000,000.00 and such claims.; have now been
reduced through negotiations to $175,000.00; and ~ ~ ~ ~ - '
WHEREAS, the final consent decree will also require the parties to abandon certain
monitoring wells and continue a monitoring program for a period of three to five years after entry
of the decree; and
WHEREAS, during the groundwater investigation at the Flemington landfill, New Hanover
County imposed a $1.00/ton surcharge on the tipping fee for garbage disposal and certain funds
remaining from, the surcharge will be applied to the past response cost claims and any additional
monitoring costs; and
WHEREAS, based upon previously agreed cost sharing arrangements, New Hanover .
County's shaze of the costs to be paid by the defendants is 17.5%; and
WHER-EAS, the Board of Commissioners has determined that due to the length of this
litigation and the cost of additional litigation to resolve the issue concerning past cost that it would
be in the best interest of New Hanover County to pay a portion of the EPA's past costs and authorize
the execution of a final consent decree.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover Board of Commissioners
that:
1. The Board of Commissioners does hereby authorize the payment of 17.5% of the EPA's
1./~ demand less any surcharge funds available for the payment of such amount after
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reserving funds for future testing and well closure. In no event shall the
County payment exceed $30,625.00 without prior Board approval.
2. The County Attorney is authorized to execute a final consent decree in the above-
referenced action consistent with the terms of this resolution.
Adopted this the 21st day of August, 1995.
New Hanover County
[SEAL] Robert G. Greer, Chairman
Board of County Commissioners
A~I'EST:
Clerk to the Board
~15
- • KING 8c SPA.LDING
• 19L~PE~,CHTREE'SSREET
ATL.~:IT~. GEORGLd 30303-1783 "
- TELEPHONE: 404/372.4800 __
' _ "- "FACSI?IILE:404/372.3100 k,
DIRECT DIbL: .'" ? •. _ t DIRECT FA`C:
404/572-4820 ~~ -- ,. 404/572-5141
MEMORANDUM
sl
•{. :. ,
T0: FLEMINGTON LANDFILL DEFENDANTS GROUFJ~•
FROM: CHET TISDALE y/
DATE: AUGUST 4 , 1595 ~ ~ ` ~ , -
~ Enclosed is a letter from the Department of Justice along
with the Final Consent Decree. The changes in this Consent Decree
are consistent with our previous discussions with the United
States. I have asked EPA to forward a copy of the Final
Decisional Document and I will submit this to you upon receipt.
If the Final Decisional Document is consistent with the provisions
of the Consent Decree, then I would appreciate each party
returning an executed signature page to Joan Redleaf at EPA whose
address is set forth in the DOJ letter. If you have any questions
about the Consent Decree language or if there is a concern with
the Final Decisional Document, please contact me.
CHT:kb
• Enclosures
16
1700 PENNSYLVANLA AVENUE-:LW
WASHINGTON. DC 20000.4700
TCLEPHONE: 202/707.0300
PAC57NILE: 202/920.0707
120 WEST 43TR STREET
YEW YORR. NY 10000-x000
TELEPIIONE: 212/330.2100
PACSIHILE: 212/339.2__^22
1100 LO V ISIANA STREET. S V ITE 0000
HOUSTON. TY 77002.3219
TELEPIION E: 710 /731-0200
PACSMI LE: 7I0 /731.0290
0
e
U S. Department of Justice
NEuicingron. D.C 20530
August 1, 1995
BG:DMS
90-7-1-2
Via Overnight Mail
Charles H. Tisdale, Jr.
King & Spalding
191 Peachtree Street
Atlanta, GA 30303-1763
-X
®' RE: United States v. Waste Industries, et al.
Civil Action No. 80-4-CIV-7
Dear Chet:
~ I am enclosing the FZNAL version of the Final Consent Decree
for the above-styled case. EPA executed its Final Decisional
Document on June 29, 1994. The Agency will not be putting the
decisional document out for public comment, so we may now go
forward with execution this decree. I have provided you with
separate signature pages for all parties so that we can expedite
this part of the process. Please return the signed pages
directly to Joan Redleaf, Office of Regional Counsel, EPA Region
IV, 345 Courtland St, N.E., Atlanta, GA 30365. She will then
circulate the document for signatures at EPA and forward it to
the Department of Justice for the Assistant Attorney General's
concurrence. I will arrange for lodging of the decree with the
Court.
~' I am very pleased that we have been able to reach a
resolution of this case. Thank you for your continued
cooperation in this matter. If you have any questions or require
any additional inforination,~p'lease contact me at (202) 514-1544-.
c1 ~ 96
Sincerely,
~ Assistant Attorney General
Environment and Natural Resources
n
Divisi~o
~
y~
BY : ~ //"
Dianne M. Shawley ~/
Senior Attorney ~•.
Environmental enforcement Section
'~~~~ Environment and Natural Resources
Division
17
0
cc: Joan Redleaf, EPA Region IV
Mike Arnett, EPA Region IV
L
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WILMINGTON DIVISION
UNITED STATES OF AMERICA, ) - ~ .
... .. ) -
Plaintiff, )
v. _) .CIVIL ACTION FILE
No. 80-4-CIV-7
WASTE INDUSTRIES, INC., ) .
et al., )
)
D~ef endants . )
1
FINAL CONSENT DECREE
On January 11, 1980, the .United States of America,. on behalf
of the Administrator of the United States Environmental
Protection Agency ("EPA"), filed a complaint in this matter,
Civil Action No.. 80-4=CIV-7, in the United States District Court
'~ for the Eastern District of North Carolina, Wilmington Division,
pursuant to Section 7003 of the Resource Conservation and.
Recovery Act, 42 U.S.C. 6973, against Waste Industries, Inc.; New
Hanover County; the New Hanover Board of Commissioners, .named
members and its present members; and the individual owners and
lessors of the land used as the Flemington Landfill to abate an
imminent and substantial endangerment to health and the
envirozxnent resulting from the disposal of solid or hazardous
waste at the Flemington Landfill in New Hanover County, North
19
Carolina. The United States also sought restitution of costs
.. incurred by the federal government with respect to conditions at
the.site.
Subsequent to the filing of the•complaint, several
Defendants filed third-party complaints against other persons and
organizations including: the North Carolina•Department of Human
Resources; the~North Caro.lina•~Department of Natural=:Resources and
Community~Development; several companies involved in waste
transporting and disposal; certain residents living adjacent to
the Flemington Landfill; and the Flemington Residents'
Association.
~ ~ By order of this Court dated June 11, 1985, the Flemington
Residents' Association was dismissed from this action and the
remaining third-party defendants were realigned as defendants.
The parties negotiated a.~Preliminary Agreement which was
approved by the Court on~~October 29, 1985, and`whch served as
the framework for the Partial Consent Decree. The Partial
Consent Decree, entered by the-Court•on August 5, 1987, required
. ! 'the signatories to the decree ( "Settlj;xlc~ Defendants!' ) to do~ the
. _ ,.
following:
1. Provide an alternative drinking water supply•system
on an as-needed basis for present and future users in the
projected path of the contaminant plume.
construct and maintain reasona~ble•site security
2. Design,
~•:'and access control measures.
3. Construct•and maintain aPvegetative soil'cover over the
site's surface.
. 4•:••~Implement and maintain institutional controls that
regulate., (l) the withdrawal of groundwater from the
contaminant plume, and from its `projected path;-by
2 O residential, commercial, or industrial users; and (2) the
1
U 3
excavation of the site and areas of contamination associated
with the site.
5. Implement an investigation to assess fully the nature
and extent of subsurface contamination associated with the
site.
6. Zf needed, implement a bioassay program to assess fully
the harm or potential harm that releases from the site pose
to local wetlands.
7. Conduct a study.•to identify remedial action alternatives
that address the conditions at the site and in the study
area.
In accordance with Paragraph IV J. of the Partial Consent
Decree., upon completion of each of the Work items described .
/above, the Settling Defendants responsible for that Work were to
~' submit written certification to EPA and all other Parties that
the Work had been completed as required.. On May 2, 1989, the
Settling Defendants submitted the results of their subsurface
investigation to EPA in a report entitled, "Assessment of the ,
Hydrogeology and Extent of Subsurface Contamination at the
. ..
Flemington Landfill". On June 29, 1995, EPA issued its "Final
Decision Document," setting forth its-recommendation for remedial
action at the Flemington Landfill.
NOW, THEREFORE, before the taking of any testimony, without
admission of any fact, law or liability herein, and upon the
consent of the parties hereto, it is ORDERED, ADJUDGED, AND
DECREED as follows: •;
21
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-' ~ - i. U
DEFINITIONS
. - -. ~ -,
Whenever the""`following terms are.used in this Final Consent
D.ecree,. the following definitions shall apply:
. _ . .. ,.
'A. ~ ' "Flem~.ngtori Landfill Site or the.. Site means the waste
disposal facility located in New Hanover'County, North Carolina
,. ~ - ..
which is d`escribed•in~the~United:States' Complaint and is
described in Exhibit 1 to the Partial Consent Decree.
e ~ ~~B . "Settling Defendants" -means those Defendants who have
agreed"among themselves to enter into the Partial Consent Decree
sand this Final Consent-Decree wth~.the United States. The
Settling Defendants are identified as. signatories to this Decree.
` `~C. "Parties" means the~United States of America and the
~Settl ing Defendants . " ~ ~-~ ` -
D. "EPA" means the~United.States Environmental Protection
Agency...
E: ~"Plaintiff" means. the United States of America and its
. ,. _
agencies ~~and~ departments.-: --~ _ .. -,
F. The "Work" means all tasks required to be performed by
r~ the Settling Defendants pursuant to: the terms. ofp.this Final
Consent Decree, ricluding•closure~,of designated ,wells,
monitoring, analysis of samples, reporting, and site maintenance
requirements . ~ . '. - •. .
G. "Final Decision Document" means EPA~s Final Decision of
Remediz[1 Action Alternative for the Flemington Landfill site, L
ssued by the Agency on June 29, 1995.
2~`
~- 5'
II.
JURISDICTION __._
The Court has jurisdiction over the subject matter and.'
personal jurisdiction over the Parties to this action. The
Settling Defendants' consent to the Final Consent Decree shall
not be deemed to be an admission of any fact .or conclusion of
law, including but not limited to any. allegation that conditions
at the Site constitute an imminent and substantial endangerment
to health or the environment. Settling Defendant North Carolina•
Department of Environment, Health., and Natural Resources reserves
pits right to contest the jurisdiction of the Court as to the
crossclaims of the other Settling Defendants on the grounds that
said crossclaims are prohibited by the Eleventh Amendment to. the
United States Constitution. Settling Defendants New Hanover
County and the City of Wilmington expressly reserve tYieir right
to contest the jurisdiction of the Court based on the doctrine of
sovereign immunity under the common law~and the statutes of North
Carolina.
III.
BINDING EFFECT
This Final Consent Decree shall apply to and be binding upon
the Settling Defendants, their successors and assigns, and upon
'the United States. However, it is agreed that this Decree shall
not apply to or be binding on .the assets of the heirs at law or
devisees of the Royal Defendants, who are not presently parties
23
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• to this action, other than assets from the Royal Defendants
including the Flemington Landfill Site. No'change in ownership,
tr~an'sfer of~•- assets or' .corporate status will in any way _affect the
status of the Settling Defendants as responsible parties or in
'any way~limit'ther obligations under this Decree, unless
otherwise authorized in•writing by the United States. No
indemnification, hold harmless or similar agreement or .conveyance
shall b'e effective to transfer from .any,.of•..the Settling
Defendants to any other person the obligations-imposed by this
Final .Consent Decree. ., ..
~ Any conveyance or transfer of-title o.f the Flemington
Landfill Site sha°11 assure EPA's and Settling Defendants' access
to said property for purposes of performing the Work required
under this Decree. ~, _ -.
' e ~
.~ IV .
" t:
- STIPULATED FACTS
. _ ~~
A. Pursuant to Paragraph IV.G. of the Partial Consent
Decree, the Settling Defendants retained the engineering firm of
P.E. Lamoreaux & Associates ("PELA") to prepare aground water
assessment, and conduct a review~,of the remedial action
'alternatives~'at the Site. .The Settling Defendants evaluated two
- alternatives: the construction and ;operation of ground water
extraction wells and a "no action" alternative;, as specified in
xhibit 8 'to the Partial Consent .Decree.
2~ .
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B
1 '
B. On May 16, 1989, the Settling Defendants submitted to
EPA the results•of their ground water study performed at the
Flemington Landfill, and their recommendation of the "no remedial
action" alternatives with respect to ground water contamination
at the Site. The PELA groundwater assessment report concluded
that the data developed by PELA and all of the other information
available which PELA reviewed did not indicate either a threat or
potential threat to human health or the environment from the
contamination associated with disposal activities at the
Flemington Landfill. Along with the submission of their report,
entitled "Assessment of the Hydrogeology and Extent of Subsurface
Contamination at the Flemington Landfill,." the Settling
Defendants included their written certification to EPA that the
work described in Paragraphs IV. E and G and Exhibits 6 and 8 to
the Partial Consent Decree had been completed.
C. In accordance with Paragraph IV H. of the Partial
Consent Decree, EPA has reviewed the results of the Settling
~I Defendants' study and PELA's evaluations-of remedial action
~! alternatives.. Additionally EPA made an independent evaluation of
the study data.
D. On June 19, 1990, EPA incorporated the results of its
analysis and its independent recommendations into a comprehensive
document entitled, "Preliminary Decision on Remedial,•Action."
This document was made available to the public for comment, and
was•th~•`topic of a Public Meeting conducted by`EPA on September
• 26, 1990.
25
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~E. EPA's preliminary-~~finding was consistent with the
Settling Defendants^ recommendation that.-ground water remediation
is not needed at the Flemington Landfill Site. However, EPA did
recommend th'e need for additional monitoring.of ground water at
the site. -- - '
F. On October 25, 1990; EPA presented the•.results of its
preliminary finding to the Settling Defendants.. At that time the
parties agreed to' an additional round of ground water sampling to
add to the base of information already contained in the reports
prepared by Settling Defendants and •EPA. ~ -,:
~ G. Settling Defendants performed~~additional ground water
sampling at the Site~December'i7-19, 1990, and presented the
results to EPA onFebruary 1`2, ,1991:
H. Based on the results~of the study performed~.by the.
Settling Defendants, the additional sampling data collected: at
the site, and. EPA's independent analysis .of.,the.data, EPA
designated the ""n.o action alternative" _as. its choice of remedy
for the Site, in accordance with Parar~ra~h IV .H. of the .,Partial
Consent Decree, and~set forth its "finding-in the."Final Decision
of Remedial Action Alternative" for the Flemington Landfill Site,
issued June 29, 1995.
- - ` WORK ~TO BE PERFORMED . •• L
A. The Royal Defendants; owners of the Site, on behalf of
'n.,. Defendants, shall•contnue to. be_responsible for
all Settle g
intaining reasonable site security and access control measures P
2 ~ ~--
9 .
~:
at the Site as specified in Exhibit 3 to the ,Partial Consent
Decree, until such time as all.Work to be performed under the
terms of this Final Consent•Decree has been completed to the
satisfaction of all signatories hereto. The Site owners shall
take whatever measures are necessary .to preven~'~unauthorized
~- ..
excavation of the Site and to•protect the vegetative ground.
cover. -
g._ On behalf of the Settling Defendants, New Hanover County
and the North Carolina Department of Environment, Health and
Natura•1 Resources shall continue to maintain institutional
controls that regulate the withdrawal of groundwater in
with New Hanover~County Ordinance, Article VIII,
accordance
.Section 12-61.through 12-80 (April 6, 1987).
C. Settling Defendants shall perform annual groundwater
monitoring activities at the Site for a period of three years
following the entry to the Final Consent Decree. Groundwater
sampling undertaken by the State of North Carolina in a separate
study shows the presence of benzene and other organic compounds
-in well 106 in .,the Parrish Used Parts Scrap Yard. Well 106 is
northeast of the landfill. Groundwater data. at. the landfill site
indicates that the levels of contamination have declined over
time. In the event the three years of groundwater monitoring
indicate that a significant increase in contamination has
occurred at the landfill site which is not attributable to the
offsit~'contamination, the parties agree to extend the monitoring
activities for an additional period of two years.
27
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`- D~: ~ ~ The aronitoring activities required pursuant to
paragraph C above shall.consist"~of the following:, .
•tir
1. Annual monitoring 'of wells MW-1I, MW-2S, MW-2I,
• '2 Groundwater:,samples from the wells identified in
. item 1 above shall be•analyzed for the following:
a. all volatile"organic compounds lsfed in
Appendix VI of Exhibit VI to the Partial
Consent Decree; ~ ~ •
b. -major cations•and anions (carbonate,
' ~- "bicarbonate, sulfate, calcium, sodium,
chloride);
c. nutrients (nitrate and nitrite);
d- pH, specific conductance, Chemical`Oxygen
,...
~° - "Y Demand . ("COD," )- a and Total Organic Car on
"TOC")
r, - ,
~
3. utilize.the same well
The above sampling shall~
..
' - -- -~' `°purging and .sample,.collection protocol used during
the 1987/198.8 quarterly sampling, as set forth in
• ~ ~- " • ~ -- ' EXlibit VI" to the Partial:.Consent Decree.
~~ • ~ 4. •The"'Settling Defendants,;shall also measure and
record the water levels in all monitoring wells
x° ~ '~' •' aril pezometers remaining open. and accessible
- -
,p --
during each sampling event.
5. The first sampling even-shall occur~n`o`lat`er than
- ~90-'days followng~the entry ;to the Final Consent
Decree. Subsequent sampling events shall occur
within 3O days .of the anniversary; date of the
. first event . ~ -~
" 'E. Settling Defendants shall-provide. EPA with a minimum of
15-d-ays-notice'-in advance of all sampling/monitoring•events
required pursuant to 'the terms _of this.-Final Consent Decree.
• F•:••° Waste Industries, on behalf, of, all Settling Defendants,
hall continue t'o comply with there-vegetation requirements in
2~:.
• ~ 11
~,
Exhibit IV of the Partial Consent Decree for a period of three
~ `-
~ years. .
G. Within 120 days of completion of the Monitoring
~~ chedule the Settling Defendants shall .close the .following
S ,
monitoring well clusters in accordance with North Carolina
regulations. at 15A NCAC 2C: ~ MW-4 (I & D) ; MW.-5• (I .& D) ; MW-6 (S,
I & D) ; MW-7 (I & D') ; MW-8 (S, I & D) ; MW-9 (S, I & D) ; MW-11 (S,
I &.D). In addition to the above clusters, Settling Defendants
shall also close all "P" series piezometers in accordance with
state regulations governing closure of ground water monitoring
~aelis .
H. EPA and the Settling Defendants shall each designate a
.Project Coordinator to .observe and to monitor the progress of the
Work required by this Final Consent Decree and to coordinate
~~ communication between 'EPA `and the Settling Defendants. The EPA
Project Coordinator shall have the authority to order suspension
of the Work if necessary to protect. human health or the
•~ environment or to prevent a release o~„h~.zardous substances into
~_ ~ -
the environment at~or from the Flemington Landf ill Site or Study
Area: The EPA Project Coordinator shall consult with the
Settling Defendants' Project Coordinator, or designee, if
vailab a before orderin such suspension of Work.
a 1 g
In the event the EPA does require suspension of the
Work, then each parties' Project Coordinators or their designees
shall immediately 'confer and determine hocq to perform the Work in
a manner which is consistent with this Decree and which protects
29
12
human 'health and the erivr~onment._ ~- If~ 'there is any disagreement
under this provision, the provisions of Paragraph VII(C). (Dispute
Resolution) •shall apply: Schedules, .deadlines and milestone
dates "'that • Settling Defendants are- subj,ect~ ~to .shall be adjusted
by agreement ~of- the-Parties. to~ r.efleet any. suspension of, Work
' ordered ~ by EPA~pursuant' to this paragraph; ,t ,..
... .. ._ - ~ -, REPORTS.. .
_ _. - _ ;
` ~ A. ' Within 60-days ~ "bf the complet-ion of_ each s=ampling, event
set 'forth 'in Paragraph -V C. and after: completion of any :sampling
event performed by or at the request of any Settling Defendant,
Settling~Deferidants shall provide-to ,EPA written reports
describing the actons'taken during=that sampling event and.-.
detailing the~montoring-sand analyt=ical results obtained, in
accordance with:Paragraph''V of this Decree.: i
' B. t~.. Emer enc Event Re orts_.-~ Upon the discovery of any
emergency event', - the ~ Settling' Defendants: shall within 24 hours
• notify` EPA's Project Coordinator. by te,~.ephone; or if..:the Project
Coordinator is not available, the Emergency. and Remedial Response
Branch, EPA, Region IV'; aiid `sha-11 within t'en, x(10) : days, submit to
EPA a written report describing the emergency.~event that;
occurred, the cause `of the event, and'.. the meas.ur.es taken and, to
be"taken in response. - - ~- ~ -
30
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,f
VII.
MISCELLANEOUS PROVISIONS
A. Nothing contained herein shall preclude the IInited
~.
States from taking any reasonable action authorized by law to
abate or respond to the release or threatened release of
hazardous substances, pollutants or contaminants into the..
environment from the Site.
B. The Settling Defendants .agree that the United States and
any agency thereof will not be held out as a party to any
contract entered into by the Settling Defendants in performing
the Work or in 'carrying out activities pursuant to this Decree.
Except for actions required by the EPA Project Coordinator
without the concurrence of the Settling Defendants' Project
Coordinator, it is understood and agreed to by the Parties that
the acts or omissions of the Settling Defendants, their officers,
successors or assignees, contractors or consultants in performing
the Work or in carrying out activities pursuant to ..this Decree
•' shall not in any manner or for any purpose be considered the acts
or omissions of the United States Government, its agencies,
f; departments or employees.
C. Any dispute which arises under this Decree will in the
first instance be subject to informal negotiations between the
Parties at the written request of any party. If the .Parties
cannot resolve a dispute through informal negotiations within
thirty.{30) days from the date of _the request, the dispute may be
referred by any party to the Court for judicial resolution. If
~~ 31
• ~ ~ 14
the exigencies require, any".Party may refer the matter to the
Court prior to the expiration of the_30-.day period. The 30-day
period•may be extended or stiortened,by mutual agreement of the
Parties or by Court order'. The filing of a petition asking the
Court~to'resolve~•=a dispute will not~•extend or.postpone Settling
Defendants' obligations under this Final Consent Decree. In the
event any dispute under this Decree:is,submitted to the Court for
reso'lutior;`Ythe party who submits•the.dispute shall have the
burden of 'proof . ~ ~- - - . ~ ..
• ~ VIII
` ~ ~ REIMBURSEMENT FOR. PAST COSTS ..,.
The Settling Defendants agree to pay. $175, 000 for
reimbursement of the United':States' past, costs associated with
-°the~Site-sand costs of bve:rseeng compliance with the,'Partial and
Final Consent Decree, as~ provided in Paragraph VI. C.._ of the
Partial Consent Decree. Payment shall be made within. 30-days of
entry of ~ this Final Consent 'Decr:ee,..~.by cashier's check made.
•~ payable to "Treasury,"United States of.,Amer.ica" an`d tendered to
the~U.S:. Attorney~•for tHe'Eastern District of North Carolina, 874
Federal Building, 310 New Bern Avenue, Raleigh, NC 27611.
Payment shall~referenee Civol Action No. 80-4.-CIV-7. and.DJ# 90-7-
1'-2. Notice 'of payment-shall be .made pursuant to Paragraph XI of
this Final Consent'Decree. ~ .
32 .
15
IX.
RETENTION OF RECORDS
Until completion of the Work required by this Final Consent
Decree, and the termination of the litigation, the Parties shall
preserve, and require their contractors and subcontractors to
preserve, all reports, records; documents, and 'information of
~' whatever kind, nature or description relating to the performance
of the Work at the Flemington.Landfill Site and Study Area,
but not limited to all raw data, sampling analyses,
including.
chain-of-custody records, all field notes, field data records,
~roject field log books, laboratory log books, drilling logs,
surveys, laboratory test results, field test results and any
other field data. The Settling Defendants shall provide the
United States,. upon request, with copies of all raw data,
sampling analyses, chain-of-custody records, all field notes,
field data records, project field log books, laboratory log
books, drilling logs, surveys, laboratory test results, field
test results and any other field data,_„ EPA shall retain, for a
period of 6 years after the completion of the Work, and Se=tling
Defendants shall be provided with copies of EPA's assessment
and/or chemical analysis of split samples taken from the Site or
Study Area. Nothing herein shall be construed as a limitation on
the scope of discovery under the Federal Rules of Civil
Procedure.
...
33
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. X.
-- - - ~. SPLIT SAMPLES -
' The EPA"Project Manager'an'd authori'zsd representatives
--`designat'ed by ~ the `Agency shall Have access `to the Site and, the
right to take splits of any-~rsamp-les bbtained.~by`~Settling tt ;, d
9 r r
befendants or~~their-'contractors as necessary o audit quality
control during the performance of• -the Work. .;
.:. ~-` SITE'~ACCESS - w .
The -EPA Project Coordinator and' EPA's authorized -:
~epresenta'tves shall have access to the Site for-any .purpose
consistent with this Final Consent Decree during the performance
of the Work; including without limitation, observation and
monitoring of the progress of~the Work, verifying•data br
information, and inspecting and copying recor.ds,~o:perating;-logs,
contracts.,~or other documents necessary to assess Settling --
Defendants' compliance with `this Final'Consent Decree.•
:: •. .
- ~ - ~ - - ' XII .
' PARTIES~'TO BE NOTIFIED .
Whenever, under the terms~~of this 'Final~Consent.Decree, a
- ..~ .
report, notice, approval, or~other document ~is-required to be
,,
forwarded by one Party~to another,~it shall be sent to the..
persons at the addresses specified below, unless those persons or
their s-uccessors give notice in writing to the other Parties of
other person designated to receive such communications or
3~'
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another address, or unless it is otherwise specifically stated in
this Final Consent Decree.
As to EPA:
Denisse Davila •
Waste Management Division
U.S. Environmental Protection Agency - Region IV
345 Courtland Street, N.E.
Atlanta, GA 30365
Joan Redleaf - '
Assistant Regional Counsel
U.S. Environmental Protection Agency - Region IV
345 Courtland Street, N.E.
Atlanta, GA 30365
1
As to the United States.:
Dianne M. Shawley, Sr. Attorney
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611
Washington, D.C. 20044-7611
As to Settling Defendants:
Counsel for each Settling Defendant
XIII. -
ADMISSIBILITY OF DATA
The Parties waive any evidentiary objection to the
admissibility of data gathered, generated, or evaluated pursuant
to this Final Consent Decree that.has been verified by the
~" quality assurance and quality control procedures contained herein
and in the Partial Consent Decree or Exhibits• VI and VII to the
.<
Partial•Consent Decree. However, any Party may object to a'
a~
~, specific item of evidence .if the objecting Party demonstr
' 18
that such item of evidence was not gathered or. generated: in: j~
accordance with the sampling and analytical procedures
established pursuant to Exhibits VI and VII.
X=IV .
STIPULATED PENALTIES.
Unless excused by the provisions of Paragraph XV (Force
Majeure).of this Final Consent Decree, the .,Settling Defendants
shall pay the United States the following stipulated penalties
for failure to meet the deadlines specifically identified in
1Paragraph V, subparagraph D to this Final Consent Decree: ~,
i
Period of Failure to`Comp1Y Penalty~~
11th through 20th day $1,000 per day per missed deadline
21st through 30th day $2,000 per day per missed deadline
31st day and beyond $2,500~per day per missed deadline
..,. _
' Stipulated penalties under this Paragraph shall be paid by
certified check. made. payable to the "Treasurer of the United
States." Payments shall be sent to the United States Attorney for
. the Eastern. District of North Carolina. Notice of payment shall
-, ..
be made pursuant to Paragraph XI of this Final Consent Decree.
:' ; ; .. ,
The stipulated penalties set forth above shall be paid to
the United States within fourteen (14) days following demand by
the Un~,ted States. These stipulated penalties shall not preclude
., .
t e use of any,other_„remedies or sanctions which may be available
36 ,._ . - ._ - ~ _
~' 19
to the United States for the Settling Defendants' failure to
comply with any .requirement of any paragraph or Exhibit to this
Final Consent Decree.
XV.
MODIFICATION
The Plaintiff and the Settling Defendants with. Court
~~ a royal ma 'ointly agree in writing to modify the provisions of
PP Y 7 _ .
this Final Consent Decree.
XVI.
~ FORCE MAJEURE
In the event that the Settling Defendants fail to comply in
a timely manner with any deadline set forth in Paragraph V•of
this Final Consent Decree, and such a delay is caused by events
or circumstances beyond Settling Defendants' control, such delay
shall-not be considered a violation of this Decree. When
circumstances occur which may delay the completion of any of the
~~ Work required by this Final Consent Decree, Settling Defendants
shall, within fourteen (14) days of the discovery of the
~r f th
iti
i
circumstances e
ng o
n wr
causing the delay, notify EPA
reason(s) for the delay, the anticipated duration of the delay,
the measures t aken or to be taken to prevent or minimize the
~, delay, and the timetable by which those measures will:be
• implemented. If the Parties agree that a delay is beyond the
i
control•.•of the on of
Settling Defendants and agree upon the durat
such delay, th e Parties may, without Court approval, modify the
37
20
this Final` Consent Decree to~ the extent necessary .to,- expand. the
scYiedule for completion ~ of ,the affected Work required by this
Decree. If the Parties cannot agree that-the. reason for the
,.
delay is beyond the control of Settling Defendants or cannot
agree upon the duration of such, delay, then the' Settling
Defendants shall submit the matter to; the Court pursuant to
-Paragraph IV. I ; (Dispute Resolution).. The burden of proving that
any delay is caused by circumstances beyond the;contr-ol of the
Settling Defendants shall rest with the Settling Defendants.
This force majeure provision shall not apply to any delays
due to increased costs of. performance of any of the Work required
by this Decree, '- hors-` the financial inability of .any ,of the
Setting°Defendants to perform such Work,•nor the ,failure of the
Settling Defendants to make 'timely application for any .permit
required for the performance of. such Work and to provide all
information required to process such permit.,,.....
_ XV I I . ~ ~...
RECORDING OF . D~CR-EE L
Within thirty (3 0) days of "the entry,: of :this Final Consent
Decree, 'Settling Defendants sha~ll_ cause a .copy of ,this Decree to J~
be `docketed on the judgment docket of the Superior Court of New
Hanover County,"North Carolina;•pursuant to the provisions..of
N. C. G. S. 1=234 and- 1-237 and" 2~8 U:S.C. .§ .3962.. If the ~j
Flemington Landfill property is sold'or".conveyed by, deed to any ~LJJ
person.•.or entity, the Royal Defendants shall, within-. ten (•10)
• ,
38 . - ..
21
days of the recording of the deed, notify EPA in writing of said
sale or conveyance.
XVIII.
RETENTION OF JURISDICTION
The Court shall retain jurisdiction of this matter for
purposes of interpreting, implementing, and enforcing the terms
and conditions of this Final Consent Decree, and for adjudicating
all matters of dispute among the Parties to this Decree. The
Settling Defendants'~consent to the Final Consent Decree shall
not be deemed to be an admission of any fact or conclusion of law
including but not limited.to any allegation that conditions at
the Site constitute an imminent and substantial endangerment to
health or the environment.
XIX.
~~. PUBLIC ACCESS TO DOCUMENTS -
All data,. factual information and documents submitted by the
~, Settlin Defendants shall be subject to public inspection at
g .
EPA's offices unless identified by Settling Defendants as
confidential in accordance with 40 C.F.R. Part 2 or otherwise
~, exempted by the terms of this Final Consent Decree. The data,
r~ factual information and documents so identified as confidential
will be disclosed only in accordance with EPA regulations.
Settling Defendants shall not assert confidentiality.regarding
any hydrogeological or chemical data submitted in support of
remedial=action alternatives or,any, other_scientif is or
r
39
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. ~ 22
~~ engineering tests or data. •rThis provision. does, not; apply to
settlement documents exchanged by the Parties. .. a
XX - ~,
~~ FEDERAL REGISTER NOTICE
The Parties agree~~andsacknowledge that,final approval and
entry of`tlis Final~Consent Decree is subject, to the .public
' notice and comment requirements of 42 U. SA; C•. §...6973 (d) and 28
'CFR. -§ 50:7.. .. ,.
XXI. ~~.
~ ,. .. ~. FUNDING ". ...., . ,
Performance of 'the terms of .this Final Consent Decree,•by the
North Carolina Department of Environment; Hea th and Natural, ~,
Resources, the City of Wilmington and New Hanover County is not
conditioned upon ahe rece-pt"o~.any Federal or State grant funds.
Tn addition, performance.is'•not excused by the lack. of any
Fedez-al or State ant funds, or=the processing~of any ,-
~~ applications `for the same. ~.-TYe~.Nor.th:~arolina Department of `
- L
Environment; Heal:h and ~Natu-ra Resources; the :City. _of .Wilmington
and~New Hanover County agree."with the exception of incidental
equipment costs such as laboratory and sampling equipment, that
no grant funds or' other sums 'received' by the. North• Carolina
Department of Environment', -Hea`ith . 'and Natural Res.ources_ fr~om~ the
United States Environmental Protection Agency sha~ll.-be used yin
any man~er'to'~defray~ the costs •of ~ the work -to •be performed after
4 try of this Final Consent Decree. Sums expended by the North
1
23
Carolina Department of Environment, Health and Natural Resources,
the City of Wilmington and. New Hanover County on the Work to be
performed after entry of this Final Consent Decree shall not be
considered as "matching funds" for purposes of any present or
future grant funds which may be sought by said governmental
bodies `from -the United States. _~
However, nothing contained in this section shall be~ .
construed to prohibit the State of North Carolina Department of
Environment, Health and Natural Resources, New Hanover County or
the City of Wilmington from receiving federal grant funds for
!other purposes or projects. ,
_ XXII. ~ .
COMPLIANCE WITH APPLICABLE LAWS
The Work undertaken by the Settling Defendants shall be in
compliance with all applicable laws and regulations..
X~CIII .
AUTHORITY OF SIGNATORIES
t
r
Each of the signatories for the Settling Defendants and the
Assistant Attorney General; Environment and Natural, Resources
Division, certifies that he or she is fully authorized to enter
into the terms and conditions of this Decree, and to legally bind
the Party he or-she represents, with the exception of A.D. Royal,
Mildred Fleming Powell, Carmen Butler,- and Mildred Simpson, who
are deceased.
41
' 24
. , - _ SEVERABILITY, a ..• ..
•-The~provisori's""-°of this-.Final `Consent. Decree shall.be.:
severable and should any 'provisions bey declared by •a. -court of
competent jurisdiction inconsistent ~with..,Federalor State. law and
therefore unenforceable, the remaining'prov.sions.of this Decree
shall remain in fuhl~ force and effect.. - .. •
._ _ , .. , • ~- XXV ..
' ~ ~ `RESERVATION.'OF RIGHTS
. .~
Nothing=in~this Final Consent Decree,-shall prevent the
lUnited States from initiating an appropriate-enforcement action
against the Settling Defender-nts in the event that the United
States determines-,' based upon ~cred~ible information, that the
~' Flemington Landf~i-11 may pose"~ an-imminent and substantial
endangerment to~heerlth or the enviro'ninen:t, in accordance with 42
U.S.C. § 6973. ~ -~~
' : - .. ~ XXVI'.~.'. .. 1--~'
..~: .
' ~- '~ ~ `' ' ~ .EFFECTIVE' .AND' TERMINATION DATES .:
Ttii's Fina_t Consent Decreeshall be effective on, the date of
its entry by" the Court: ~ -When the Settling Defendants ~certfy
th'at'' all of the Wozk has been 'comp eted, tYiey, shall petition this
'Court for termination of the ~ Final-- Consent- Decree which ~shal-1
`then terminate sixty `(60)•' days thereafter, unless,.-Plain;t•ff ;
objects within that period of time. - .
42" •
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IT IS A.pPROVED AND SO ORDERED THIS day of ,
1995.
UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED that the foregoing Final Consent
Decree may be entered.
43
• - 26
-__ United.States o.f:America ,
Lois Schiffer
Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice Washington, D.C. 20530
Dianne M. Shawley
Senior Attorney
Environmental Enforcement Section
U.S. Department of Justice
s-
P.O. Box 7611 _ __
~ Benjamin Franklin Station
Washington, D.C. 20044-7415
202-514-0096
Phyllis P. Harris
Acting Regional Counsel
U.S. Environmental Protection Agency - Region IV
345 Courtland Street, N.E.
Atlanta,.. GA 30365
Joan L. Redleaf
Assistant Regional Counsel
U.S. Environmental Protection Agency - Region IV
345 Courtland Street, N.E.
Atlanta, GA 30365
44~
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Janice McKenzie Cole
United States Attorney
Eastern District of North Carolina
Suite~800 Federal Building
310 New Bern Avenue
Raleigh, NC 27611
By
Stephen A. West
Assistant U. S. Attorney
45
28
DEFENDANTS '. -'
WASTE INDUSTRIES; °INC. - . - ;
WASTE INDUSTRIES OF NEW HANOVER;
Marshall, Williams & Gorham, L.L.P.
P. 0. Drawer 2088 '' ~.. .
Wilmington, NC~'28402 .~
I
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NEW HANOVER COUNTY
'~~
Wanda M. Copley, County Attorney
New Hanover County Administration
Building
320 Chestnut Street, Room 309
~~ Wilmington, NC 28401
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47
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STATE OF NORTH CAROLINA ~..
Jonathan B . ~ 'Howes ; Secretary ~ "
Department of-Environment, Health and,
Natural Resources
Michael F. Easley
Attorney General
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A.D. ROYAL,
Carmen M. Butler
Charles A. Royal, Jr.
Eloise R. Piexotto
Mildred R. Simpson
Stephen D. Royal
Mildred Fleming Powell
William L. Hill, II
Hogue, Hill, Jones, Nash & Lynch
P. O. Drawer 2178
Wilmington, NC 28402
49
32
CITY OF WILMINGTON
Thomas C. Pollard
City Attorney
P. 0. Box 1810 _
Wilmington, NC 28402
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TRASH REMOVAL SERVICES, INC.
Auley M.Crouch, III
Carr, Swails, Huffine & Crouch
p. 0. Box 4
Wilmington, NC 28402
Charles H. Tisdale,.Jr.
King & Spalding
2500 Trust Company Tower
Atlanta, GA 30303
51
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Jerry Saunders~t/a A&M SANITATION-,
Alton Y. Lennon '., Q
Stevens,, McGhee, Morgan;~Lennon
& O~Quinn ~ ,
P.0. Drawer 59 ~ _
Wi)tnington, NC 28402 .
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A-1 SANITATION SERVICES, INC.
ALTON LENNON
Stevens, McGhee, Morgan,
Lennon & O'Quinn
P. 0. Drawer 59
Wilmington, NC 28402
53
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This page i~rtentiorially left blank
54
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0
REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: 5 Consent Item #: ~ Additional Item #:
Department: Environmental Management Presenter: Ray Church
Page Count In Agenda Package: 10 Contact: Ray Church
SUBJECT:
Flemington Ordinance Amendment -Chapter 12, Offenses, Article VIII Contamination of Groundwaters,
New Hanover County Code
BRIEF SUMMARY:
The original Flemington Ordinance was enacted in 1987 in response to decrees in the EPA litigation. The
proposed Amendment reflects the final resolution of the case: The Declaration of policy section will now
show that there is no imminent and substantial endangerment as a result of any groundwater contamination.
The term "regulatory" is changed to "restricted" to conform with State DENHR usage. Finally, the
"restricted" area is now reduced to a much smaller site.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider enacting the proposed amendments.
ii
FUNDING SOURCE:-
Federal Sc State S: County S: 0.00 Uscr Fces S: Othcr S:
Money Is In Current Budget: Yes New Appropriation Request: No
Budget Amendment Prepared: No
REVIEWED BY:
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend enactment of proposed amendments as requested by Environme al meat.
Q ~`'
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. ~ou~ ~~~~~~~~~~~~
~~_ _ ~[_1t ~as.~~ , 5 5
~._ ____ Refer to Office Vision Bulletin Board for Disposition
a
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- - ARTICLE VIII. CONTAMINATION OF GROUNDWATER* _
., d findings. - -
Sec. 12-67. Declaration of policy an b. . ,
- ~ The board of county commissioners does hereby find; based upon the advice of the
United States Environmental Protection agency that an imminent and substantial endangerment
' to health or the environment does 'not i exist as a result of contamination of groundwater in
the vicinity of the closed landfill site in the nothwest section of New Hanover Co'unty~commonly
known as.the Flemington Landfill, however. that it is in the best interest of the citizens and
residents of New Hanover,County to minimize direct and indirect. exposure to .contaminated a
' ~ ~ groundwater, and that the health,=safety,~and welfare of all concerned'will.best be served by
' ~ regulating the construction of wells,,the use of existing wells and ,excavation in the vicinity of the
~~ Flemington Landfill: (Ord. of 4-6-87) ~ . ~' ~ ; ; - u
Sec. 12-68. Definitions.
~ For the. purposes of this article, the following terms'and phrases, as used and referred to in
this ordinance [article], shall apply:
(1) Flemington Landfill:.The ..land described below, consisting•of approximately
seventy {70) acres.
Lying and being in Ne~v 1-ianover County and beginning at a point in a lie [line]
which runs from a point in the center of North Carolina State Road 1347 where
North Carolina State Road 1347 intersects .Seaboard Coast Line Railroad; thence
north along Seaboard Coast Line Railroad 1 162 feet; thence northwest parallel to
Carolina Power and Light Company access road 1600 feet; thence south parallel
to Seaboard Coast Line Railroad 2032 feet thence southeasterly along a line
parallel to Carolina Power and Light Company access road 1:500 feet.to .the
Seaboard Coast Line Railroad 870 [feet] to the point of the beginning and
containing 70 acres more or less.
,. _. ,
2 Restricted property: The FlemingtonlLand'fill site.and property in the a
vicinity of the Flemington Landfill situated within the following boundaries:
. - (~
~~~~,
-. a ..
' ~ , .. _
- ~ n
,,~~ i
*Cross reference--erosion and sedimentation cont'ro~l;¢ 7{~l,~et seq~SpNo`~14
~ n ,r- : ~S ,'~,~1r=4r
.., .. -
:,. .
i
ii
Starting_at a oint at the intersection of the west side of Hi~hway 421 and the
edge of the Northeast Cane Fear wetlands (The edee of wetlands is defined_Ln this
case as the 5' (food contour interval at the described location as shown on the
USGS Castle Hayne Ouadran~le running north along the west stile of Ht~hwav
421 to the intersection of Sutton Plant Road and Hii?hway 421, thence west along
the s ut ide utt n Plant R ad rm Hi hwa 421 to a " int" 2 eet
west of the intersection of the Sutton plant Road and Hiehway 421 thence from
the "pgint" on the Sutton Plant Road southwest along compass beann~ 230
cle~rees to the edge of the previouslydescribed wetlands, and thence along the
edge of the wetlands to the starting location at Hi~hwav 421 and the wetlands.
A map depicting the r~=~lste~ restricted area is on fil
errgir~eeri~ at the De_~artment of Environmental Management
X002 Hi~hway 421 North.
0
C
(3) Board of Commissioners: New Hanover County .Board of Commissioners.
~ -
D~artment of Environmental ~1ana~ement: New Hanover County Department
of Environmental Management
(5) EPA: United States Environmental Protection Agency.
(6) Drinking 6~ater: Water used for driril:ing, cooking or food preparation by humans
or domesticated animals.
(7) Domestic purposes: Use of water For those purposes incidental or necessary to
habitation of dwelling place, whether in a residential, commercial or business
establishment, including, but not limited to:
Bathing of humans or domesticated animals, laundering of clothing, bedding,
linens or toweling; washing household articles, automobiles, buses, trucks
and trailers, campers, boats, or bicycles; interior or exterior surfaces of
residences or outbuildings;
Soil preparation or maintenance of houseplants, residential shrubbery, trees, lawns
or gardens. .
(8) Excavation: Breaking the surface of the soil and penetrating to a depth greater
than twenty-four (24) inches below the surface of the surrounding undisturbed soil
and exposing the subsoil. _
57
(9) Permit: ,The express authorization by the Department a
,. r. z .•
~' °- -° Qf Environmental Management necessary to construct a new well, use an existing
•. .- _
• on the Restricted
_ ,~ .
well'or excavate-rg _ _
. - - Proberty. ' . ... - - . t . '' ..
'' ' ; (10) Construction of well:..Placement of awell of any type, for any purpose, by any
' construction method which has a screened depth of greater than twenty-four (24)
' '' ~ ~ -` -~ ~ ~ _ inches below the surface of the surrounding soil or the boring or excavation of a
~- ' ~ ~ cavity for such a-well or the replacement,.modification or below ground repair of
-. ' ° ' ~ ~~ 9 ~ ~ •' g p~ .. an twenty-four (24) inches below the
existm well of screened de th of greater th
_ • - ~ surface of the surrounding soil. ,,,,;; .
± (11) Existing tivater ivell: A wel-1 used or which, could, be used to extract groundwater
` fiavi:rig a screened depth greater than twenty-.four (24) inches and.less than two
hundred (200) feet below the surface of the surrounding soil. which is under
,~ construction or in existence before the effective date of this ordinance (article],
.. ` ~ ,.
whether or riot~such existing well is in operation.
(12) ~ Person: ` Shal'1 mean any .individual or association of individuals, or any firm, '`-J
t corporation or other business entity. (Ord. of 4-6-87) (Amended 19951
..... •.
Sec. 12-69. Permit required for construction of wells. (~
Any person or entity desiring to construct a well on any property within the
` ~ ~ ~ - rued sres restricted"property or which will-be screened below. the surface of the
restricted property must obtain•a permit:from
et b-ineet~ Department of Environmental Management prior to beginning construction
~~~ of~such a well.'~(Ord.-of 4-5=37)S Amended ~ 19951. -, j
Sec. 12-70. Permit required for~excavation.>
.i : r t. i
. (Ord. of 4-6-37)
D ..
,.
qn~person or entity desiring to conduct an~e~ccavation on the Flemin on_
Landfill'`vroperty or any excavation'on the restricted prope~Y for the purDOSe o
removin~roundwater must first obtain a permit from the Department Qf Environmental
Manaeement.
_ .. ..... +.'.4 ~
58 ~'
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Sec. 12-71. Permit required for use of existing wells.
Any person or entity desiring to use groundwater extracted from any existing well
located on the. n~ restricted property or screened below the surface of the re±-gttla€ed
restricted property for drinking water or for any domestic purpose must obtain a permit
from the Department of Environmental Management prior to
using such- groundwater for drinking water or any domestic purpose. (Ord. of 4-6-87)
( Amended 19951
See. 12-72. Application for permits
Applications for permits required for construction of wells and for excavation on
or below the surface of the r~:~la~e~l restricted property and for use of groundwater
extracted from below the surface of the regttlate~ restricted property for drinking water
or for domestic purposes shall be made upon forms and made available by the mart
' , ,IZepartment of Environmental Management and exact copies of such
applications shall be sent, by regular mail to:
Director, Waste Management Division
United States Environmental Protection Agency
Region IV '
345 Courtland Street, N.E.
Atlanta, GA 30365
There shall be no fee for application or issuance of the required permits.
(Ord. of 4-6-87) Amended 19951
Sec. 12-73 Well Construction, excavation and use of existing wells to be regulated by
permit.
C
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The construction of any well for which a permit is required by this.ordinance
[article) and the use ofgroundwater extracted from such a well or from an existing well
for which a permit is required by this ordinance [article], and any excavation for which a
permit is required by this ordinance [article), shall be regulated by and subject to the
terms, conditions and limitations, if any, contained in the permit as issued.
(Ord. of 4-6 87) Amended 1995)
Sec. 12-74 Amendment of permits.
Any person or entity obtaining a permit required by this ordinance [article) may
apply for amendment of that permit by submitting an application as described in section
12-72 of this ordinance [article]. (Ord. of 4-6-87)(Amended _ 19951
59
Sec. 12-75. Appeal _, . ..
. ' Any person or entityuvhich has _been denied aproperly-applied-for permit
~` required by this>ordinance :[arliclir]~, or which has been denied aproperly-applied-for
amendment to an:existing permit, may appeal such denial, within ten'(10) days from such
denial, "in writing, to the New Hanover Counry Board of:Commissioners. ~ The board of
county commissioners,shall hold a hearing within thirty. (30) days of the receipt of notice
of appeal and the board shall give the appellant,not less than fve (5) days` notice of the
date, time and place of the~hearing. (Ord. of 4-6-87) `~"y ~ `~"
Sec. 12-76. Unlawful to proceed ~vithout permit.
Construction of a well,:excavation;or use of an existing~~well without a permit
which is required~by_this ordinance [article] hall be unlawful.;(Ord. of 4-6-87)
Sec. 12-77. Unlawful to proceed ,other than in accordance with permit. ~~
<<
Construction of a well, excavation or use of an existing well beyond or otherwise
f not in accordance with the terms, conditions or limitations contained in a permit required
by this ordinance [article] :shall be .unlawful. (Ord: of 4-6-87)
Sec. 12-78. Enforcement of ordinance [article].
(a) Violations of this ordinance (article] constitute a misdemeanor and may be
punished as'provided in GS: [section] 14-=1, and each day's continuing violation is a
separate and distinct offense. ~ -
,. (b).This ordinance [article].may be enforced as-provided by G:.S. [section] 153A-
-123 (e).
(c) This ordinance .[article] may, be enforced ~by one (1) or more [of] the various
remedies authorized by G.S. [section] 15`3-123. (Ord. of 4-6-87) ,.
Sec. 12-79. }No waiver of requirements.
This ordinance [article] shall not be a waiver or substitute for other permits, and is
separate from and in addition to permits or authorization required by the State of North
Carolina or New Hanover County Department.of Health: (Ord. of 4-6-87)
Sec. 12.80: Effective date of ordinance [article]. ~ . ,: _.
This ordinance [article]•will become effective•upon adoption. (Ord. of 4-6-87,)
(Amended 19951
60:
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: 6 Consent Item #: Additional Item #:
Department: Tax Presenter: Charles Gore
Page Count In Agenda Package: Contact: Roland Register
SUB,TECT:
Appeal of Discovery from TMA audit of Falcon Cable Media
BRIEF SUMMARY:
See attached summary.
i
RECOMMENDED MOTION AND REQUESTED ACTIONS:
See attached sheet for recommendation.
~:
State S:
County S: User Fces S:
Other S:
Money Is In Current Budget:
Budget Amendment Prepared:
Netiv Appropriation Request:
REVIEWED BY:
LGL: APP WCOPLEY F1N: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
('l1TTA1TV TX A1UrlT!`L'l1tC !`/ITiTTiTL'ATTC A T~TTI l~L'!~l11~iT1~iiTi NTl A TT(1NC.
Hear
~~0 ~°
.w _ ~n r
C~~~~ ~ ~~ ~: ~~ ~Ui~~~Q~i~~
~~~~~ g 2. 9.s~~~ ~ 61
Refer to Office Vision F3ulletin Boat of r Dissition -' 7+ ~ 7 ~Z
.. . P
SUBJECT: Appeal of Discovery from` Tax Management Associates audit of Falcon Cable Media.
R. SLTNIMARY: After overcoming bamers and over a year of delay in allowing the County to audit,
the audit was finally completed December 1, 1992. The company's agents were very evasive in ~ .
{ providing accounting records to prove their claims. Notice of discovery was given'to Falcon's
-~ agent December 18, 1992. The.agent did not accept the position of the County, and, the County
did not accept the position of the agent. After meeting with the agent, and finding that the
company would not amend income-tax returns used as evidence of their underlisting,.there was
delay in setting up an appeal hearing before the board.
The issues before the Board will be the values to be discovered and penalties. The decisions -~..
should be made separately. The Board can increase, decrease or uphold the determination-ofche "
discovery letter of December 28, 1992. The matter of interest since January 5, 1993 is.not to be
decided, by the Board as there are no legal provisions for interest to be relieved on a valid tax.
RECOMMENDATION: On value, the Board has to weigh the evidence presented, and
determine whether to uphold the values as discovered December 28, 1992, or change the
determination to agree with the findings extrapolated from the company's asset records filed with
th,e State of North Carolina as compared to listings in all counties (Tax Exhibit #2a)
This is the Board's ultimate decision, but the Tax Administrator recommends the determination
shown on Tax Department Exhibit #2a.
On a separate decision regarding penalties, considering obstacles by the agents and Tax
Department delays equally, a compromise is recommended to reduce penalties to 1/2 the .rate
stated in GS 105-312(h)..
PRESENTATION: Yes -Charles Gore -Agent
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: 7 Consent Item #: Additional Item #:
Department: Health Presenter: Bob Parker
Page Count In Agenda Package: Contact: Bob Parker
SUBJECT:
New Hanover County Jail Medical Services "Inmate Co-Payment Program"
BRIEF' SUMMARY:
The New Hanover County Board of Health voted to implement an "Inmate Co-Payment Program" with the
following goals: (1) Promote appropriate sick call requests,(2) Maintain professional ..healthcare, (3)
Maximize utilization of jail and health department staff time, (4) Teach inmates responsibility,. (5) Recap
partial cost of health services. Ratified House Bill 1018 authorizes these fees (copy attached). The Board
of Health requests, if approved, Sheriff McQueen ask Judges to make payment of outstanding jail health
accounts a part of inmates sentences. The Board of Health requested program evaluation report in January
1996. No revenue projection at this time. There will be a program evaluation in January.
RECOMMENDED MOTION AND. REQUESTED ACTIONS:
Approve "Inmate Co-Payment Program"
FUNDING SOURCE':
Federal $: State S: County S: User Fees S: Other S:
Money Is In Current Budget: No New Appropriation Request:
Budget Amendment Prepared: No
REVIEWED BY:
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
Recommend approval of the "Inmate Co-Payment Program."
~u~~ ~~~~C~rU~~~~~~~~s 6 3
~~~~ ~~z~~gS~,
Refer to Ollice Vision Bulletin Board for°Dispo tion_ -; -~.~.~..~
. ' .\
. - .. F.w ;!. ..t
. •~ ..
.~ ~_ ,~•
GENERAL ASSEMBLY OF NORTH CAROLLt~1A ~, ~~~' ~ ~ ~ ~`-
-` 1995 SESSION ~ -',
- RATIFIED BILL ~~ ..
~~.:~
. ,
., .
CHAPTER 33S _ _....
HOUSE ..BILL 1013 ..T •
AN ACT TO AUTHORIZE LOCAL G
OVERNIviEtiTS OPERATING LOCAL
CONFINEMENT FACILITIES TO CHARGE FEES FOR `NONEMERGENCY -
~. ,- ~ : ~ MEDICAL CA:RE'PROVIDED T'O PRISONERS.:. _ -
t ~ ~ ~.
' The General Assembly',of North Carolina enacts. ~ '
` -Section 1. G.S. 1S3A-22S(a)~reads asprewritten:
_ "- a Each .unit that operates a local ~confinement~`faciTiiy shall develo a lan for
M.. .
~, ~;< $ ~ ~ . providing medical:care. for prisoners ~in tfie ~facilttv:`: The plan P p
. , (1) •Shal1 be designed to;:protect the health and welfare of the prisoners
and to avoid the spread of contagious disease; .
~ (2) Shall provide for medical supervision of prisoners and emergency
medical. care for prisoners to the extent necessary for their health
and welfare;
(3) Shall' provide 'for ahe detection,, examination and tr-eatrnent of
prisoners who are infected,aith auberculosis or•venereal diseases.
The unit shall develop the plan in consultation with appropriate local officials and
organizations, including the sheriff; the county physician, the local or district health
director, and the local medical society. The plan must be approved by the local or
district health director after consultation with the area mental health, developmental
disabilities, and substance abuse authority, if it is adequate to protect the health and
welfare of the prisoners. Upon a determination that the plan is adequate to protect
the health and welfare of the prisoners, the plan must be adopted by the governing
body.
Hs a .part of .its plan each unit may establish fees of not more than ,ten dolla
_ x$10.001 per tnctdent for the provtston of nonemergencv medical care`to prisoner
In~ establtshtnQ fees. pursuant to this section each unit 'shall establish a procedure fc
watvlnQ fees for tndtgent pnsoners "
s . _ .. ~ '
_ ..._ Sec.. 2.. This act .is effecti•~~e upon ratification.-- - •~~ •
In the General Assembly read three times and ratified this the 6th day of
July, 1995.
d ` ~ . ~ _ .
- DENN~S a 1NiCKER ••
Dennis A. Wicker
President of the Senate
HAROID J. SRU
~ ~ ~,~,~~
64
• ,~ Hsarold J. Brubaker
~'• Speaker of the House• of .Representatives
~~ I -
NEW HANOVER COUNTY
' ~ INTER-OFFICE
~•
.~~
~.
t'
~1EMORAtiDUM:
TO: Betty Creech, Health Department
FR01~1: Kemp P. Burpeau, Assistant County .~ttorney~
RE: Fees for Non-Emergenc}• Medical Care
DATE: July 20, 199
•
~ We have reviewed the proposed guidelines and forms to be used in the jail medical services
co-pa}~ment plan. The documents adequately explain the program and sufficiently inform inmates
of their medical options. Our arrangements are fully consistent with the ratified House Bill 1018 that
authorizes such fees.
Thank ou for all our hel and for allowin us to review the ro osal.
Y Y P~ g P P
KPB/kc
.
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_ . NEW HANOVER COYINTY JAIL MEDIGAL,SER'VICES ', ;
r . ;.
. Inmate Co-Payment Program
PURPOSE:
r ... ..
• Promote appropriate sick call request
• Maintain professional health care.- ~ ~ . ~ ~ _ , : ~~~
• Ma.~cimize utilization of jail and health department staff time. ,
• Teach inillates responsibility
• Recap partial cost of health services
..
. • {v1EDICAL CHARGES: ... ; ~: . ~ . ~ . c-~~
_~ Sick call visit ::~...... ~10.00~ ..: . .
• Dentist visit ......... $10.00
• Prescription .......... SS.00 ~ .
MEDICAL BARE WILL NOT BE REFUSED DUE ~ INABILITY TQ PAY!
MEDICAL SERVICES PROVIDED AT NO CHARGE:
• Admission Dental and Physical Screening
• Mental Health Screening
• Medical Emergencies .
• Communicable Disease Screening and Management
• Follow-up visits initiated by medical staff
• All health services to Federal inmates (sick call services are included in per diem rate)
66
t
NEW HANOVER COUNTY ~A)(L MED><CAL PROGRAM
CHARGE SHEET
Inmate Name -Sex Race DOB
SERVICES:
( ] Sick call visit ...... S 10.00 .
[ ] Dentist visit ...... S 10.00 -
[! ] Prescription ....... SS.00
Medical Team Member Signature Date:
Other Signature (when indicated) Date:
z
Inmate Signature Date:
Charge debited from Inmate account - Signat
Date:
white -Billing Clerk
Pink -Patient health record
Ycllo~v - Inmate cop~•
67
-~ ~ ~ - NEW ~HANOVERCOUNTY
HEAi.TH DEPARTMENT
2029 SOUTH 17TH STREET
. WILMINGTON, NORTH CAROLINA 23401-4946
TELEPNO.~-E/910) 3-t3-6~OOF.-(,Y(910j 3-tl--Jl-t6
ROBERT S. P.aRI:ER
Health Director
L1'~DA F. SMITH
Assistant Health Director
TO: - ~ New Hanover`County Jail inmates
FROM: Robert S. Parker, Health Director
DATE:
RE: Co-payment for Medical Services
Effective
medical services will be in effect.
4 ~
a policy requiring inmates to make a co-payment for
The following medical services will continue to be offered free:
- Admission Physical and D"ental Screenings
_._ _._ . . ~ ~.. _. w.. _ -
- Mental Health Screening
- Medical Emergencies (as determined by medical staff)
- Communicable Disease Screening and Management
~~-~ - `- Follow-upVisits Requested by Medical Staff
The following medical services will require co-payment as noted:
Sick call visit .................... $10.00
Dentist visit ..................... $10.00
Prescription ...................... $5.00
MEDICAL CARE WILL NEVER BE REFUSED TO AN INMATE. Payment ~: for
health services will be taken from your account. If you have no money in your account at
6~ time of services the charge will remain on your account until paid.
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~1
REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: 8 Consent Item #: ~ .Additional Item #:
Department: County Manager Presenter: Andy Atkinson
Page Count In Agenda Package: Contact: Andy Atkinson
SUBJECT:
Contract with Coastal Horizons for Operation of Day Sentencing Center
BRIEF SUMMARY:
The Criminal Justice Partnership Board examined three (3) ways for staffing the Day Sentencing Center,
1) Hire County Employees, 2) Form-anew non-profit corporation or 3) contract with an existing agency.
It was determined that #3 made the most sense economically and operationally. RFP's were requested. Only
Coastal Horizons responded. After the CJP Board reviewed the proposal, it was decided unanirriously to
reconunend awarding the contract to Coastal Horizons.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve contract with Coastal Horizons and authorize the County Manager to sign the contract.
FUNDING SOURCE:.
Federal S: State S: 125,000 County S: User Fees S: Other S:
Money Is In Current Budget: Yes Ne~v Appropriation Request: No
Budget Amendment Prepared: No
REVIEWED BY:
LGL: APP WCOPLEY FIN: APP BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval of the contract and authorize me to sign on behalf of.Coun
~~tPPRC~V~~ ~~'
c~~~~ ~~c~~~o~s~~~s
date _ 8 .?~- ~s ,~.~.,, 71
l _~
Refer to Office Vision Bulletin Board for Disposition
.New Hanover County Contract # 95 - 0368
NORTH CAROLINA.
NEW HANOVER COUNTY
OUTSIDE'AGENCY
FUNDING , AGREEMENT,
S A DIT REOUIRED_)_
THIS CONTRACT, made and entered into this day of
1995, by and between NEW HANOVER COUNTY,
. North Car~olina,;~a political; subdivision df the State'of~ North
,Carolina,,. ,hereinafter called ~"County";''and COASTAL HORIZON
. - i'_ .
CENTER, INC., a nonprofit entity•.org:ani:zed under. the laws of the
State of North Carolina, having its principal office in New
Hanover County, North Carolina, hereinafter called "Recipient";
W I T N E S S E T H
- ~ WHEREAS, ->'Recipient has, agreed to ~ operate ,~ a Day
Sentencing Center on behalf of the New Hanover County Criminal
,justice Partnership; and
WHEREAS, County desires to provide Recipient funding
for the above-described services through State of North Carolina
;,__
_°~grant funds;-and
WHEREAS, The County is authorized by statute to provide
Recipient financial ,support for the above-described services;
NOW THEREFORE, in consideration of the mutual benefits
i~nur~iizg ~` to the., part•ies~ 'hereto,. and -based ~ upon- the mutual
covenants contained herein and the considerations, stated therein,
the parties do hereby covenant and agree~as follows:-
~1
1 1
.~..,.,~.... pia
,~.
'~ ORIGINAL
tia~.:~c.,..:::.,. J.n.: ,..- :~o ~~~. ~.r.
1. rirpose of Contract nd R cipient's Use of Funds.
Recipient shall operate a Day Sentencing Center and shall provide
all necessary staff and support personnel as follows:
Operation Hours:
Monday-Friday 8:OOam - 8:OOpm
Saturday 8:OOam - 12:OOpm
Services will include; but not limited to:
- inpatient treatment
- outpatient treatment
- psychiatric programs
- Cape Fear Community College
- GEDIHRD
- Department of Social Services
- Community Service
- Community Penalties
- AA Meetings
~ - NA Meetings
- Anger Management Groups
- Family Counseling
It is the intention of the Recipient to serve a minimum
of sixty (60) clients and up to a maximum of one hundred twenty
(120) clients annually. ,
It is the County's intention to provide suitable
facilities and rant funding for such purposes as has been
g
requested from the State of North Carolina.
1.1. ~'^>>nty Procedures. A copy of-New Hanover County
Outside Agency Procedures: General Instructions is attached
~ hereto as Exhibit B and is incorporated into this contract by
reference.
1.2. Recipient's Rules and Policies. Recipient's rules
and policies pertaining to personnel, travel and related matters
are attached hereto as Exhibit C and incorporated into this
2
73
~ ORIGINAL
contract °by reference. - - -. - _
2. "Description of -R~cipient'~s Service••-Area.- Recipent•
shall use County-funds to provide services wi°thin.New Hanover
County, including all municipalities located therein.
3. Term of Contract.` The term of-this contract shall
be for a one (1) year _duration. -
9. Payment. As full compensation for the above
services, County agrees to pay Recipient Orie Hundr-ed T.wenty Five
_ .
Thousand ($125,000.00) Dollars from monies received through the
Criminal Justice Partnership` grantfrom the ,State- of North
Carolina. ~- -
~ 5. Termination of Contract; Breach `of Contract.. Each
party shall have the right to terminate th-is contract by giving
,.
the other party thirty (3~0) days written notice of termination.
In the event of termi:nat`on;~ Recipient agr-e es to `refund to County
all monies received by Recipient under the terms of this contract
which Recipient retains 'as of-the effective date of termination..
In ~ addition; Recipient` shall' provide -~~County _ with a financial
accounting, as require`d' by County, for all f-unds received by
Recipient and on,harid up to the date-of termination. -
,, _
_ If Recipient fails~to~conform to.~any one::of the..terms
or conditions contained in -this contract,• Recipient,..-shall be in
breach of this contract and the County may take corrective action
as it deems necessary. Such corrective •action may include, but
is~notlimited to: withholding or reduction of funds not_yet
_ -
paid; recovery~of previously paid funds, termination of services,
74
3
ORIGINAL
t~:~
and immediate termination of this contract.
6. Recipient Financial Reporting.
6.1: ~ Financial Records. Recipient shall establish
fiscal control .and accounting procedures in accordance with
Generally Accepted Accounting Principles. The procedures shall
account for all funds paid by County to Recipient.,. and Recipient
shall maintain such records for three (3) years after the date of
termination of this contract.
6.2. bounty ~:cess~ to Financial Records. Recipient
shall allow the County Manager, or his designated representative,
access. to and the right to inspect and copy at reasonable hours
ill financial records.
6.3. Annual Audit. Within ninety (90) days after the
end of Recipient's fiscal year, Recipient shall have an audit
performed in accordance with Generally Accepted Auditing
Standards and shall. file a copy.of the audit report with County.
7. Recipient Cooperation. Recipient shall make every
reasonable effort to cooperate with County Departments and with
other County funding recipients.
8. Notification of Chanaess in Programs/Personnel.
Recipient shall immediately notify the County Manager in writing
if any of the following changes are made in programs or personnel
financed with -Count funds: a addition of r
y ( ) pe sonnel; (b)
elimination of. personnel; (c). expansion of programs; (d)
reduction of programs.
9. Compliance with Applicable Laws. Recipient agrees
i
1
1
4
ORIGINAL
75
that in• carrying out activities.rof any kind funded with ,the
monies made available under .the provisions.of.this contract, it
:shall comply with all local, State and. Federal laws and
regulations.
. 10. .independent Contra ter.. It is mutuall under,
~~ ,y stood.
and agreed that Recipient is an independent contractor and not an
.. ., ~ ..
agent of County, and as such, Recipient,, 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. ry
11. Indemni_v. Recipient shall indemnify .and hold New
~ ~;
Hanover County, its agents and ,employees,, harmless against any t~
and all claims, demands, causes of action, or other :liability,
including attorney fees, on account of .personal in'uries o ~ ~"
. ~ . , J r,,death ~
or on account of property damages arising out of or relating to
the wor}~ to be performed by Recipient hereunder, resulting from
the negligence' of or the willful act or omission. of Recipient,
his agents, employees and subcontractors.
12. Assignment of Thi Con ra t•... The parties agree
that this. contract is not transferable or ass,ignabl.e by either
party without the written consent of ...the other party to this
contract.
13. .Non-Waiver of Rim. ~ It is. ..ag.reed that County's
failure to insist upon the strict performance of any provision.o,f
this contract or to exercise any right based upon a breach
76 '
ORIGINAL i
thereof, or the acceptance of any performance during such breach,
shall not .constitute a waiver of any rights under this contract.
19. Entire Aar Pm nt. This agreement constitutes the
entire understanding of the parties and contains all of .the terms
agreed upon with respect to the subject matter hereof. No
modification .(including amendments to Recipient's budget of
County funds) or rescission of this agreement shall be effective
unless evidenced by a writing signed by both parties to this
agreement.
15. Ea~al Oon~ri"ltnl t-v In connection. with the
performance of this contract, Recipient agrees not to
discriminate against any employee or applicant for employment
because of rase, religion, color, sex, age, disability, or
national origin. Recipient agrees to take affirmative actions to
insure that applicants are employed., and that employees are
treated during their employment, without re ar
g d to their race,
religion, color, sex, age, disability, or national origin.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals, by authority duly given, on the day and year
first above written.
NEW HANOVER COUNTY
L
(SEAL)
ATTEST:
Clerk to the Board
Allen O'Neal, County Manager
6
77
OR161NAL
78
Y.
f
REQUEST FOR BOARD ACTION
Meeting Date: 08/21./95
E2egular Item #: 9 Consent Item #: ~ Additional Item #:
Department: County Manager ~ Presenter: Andy Atkinson.
Page Count In Agenda Package: 1-0 Contact: Andy Atkinson
SUBJECT:
Criminal Justice Partnership Grant "Evaluation and Review of Overall Program Results."
BRIEF SUMMARY:
The Department of Corrections has notified the County of a grant award for $23,060 for the grant period
Aug 1, 1995 -June 30, 1995, and $12,080 for the grant period July 1, 1996 -June 30, 1996..This grant is
to determine the impact the operation of a Day .Sentencing Center is having on the Criminal Justice System.
Dr. Liz Marciniak with UNC-W will conduct the evaluation and establish ongoing procedures for the Day
Center to continue evaluation after the two year grant period. No County funds required.
RECOMMENDED MOTION AND REQUESTED .ACTIONS:
Request acceptance of the grant.
~ Federal S: State S: 23,060 County S:
Money Is In Current Budget: No
.Budget Amendment Prepared: Yes
User Fees S: Other S:
New Appropriation Request: Yes
1tC~Vl1_'.WL' 1J IiY:
LGL: APP WCOPLEY FIN:. N/A BSHELL BUD: N/A CGRIFFIN HR; N/A AMALLETT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATION
Recommend acceptance of grant, and approval of budget amendme
~ I7
Ul~lll~ ~~~ k~~G~~i~N~~~~
~~ ~lz,:/~5 ,
.~
Refer to OfTice Vision Bulletin Board for Disposition
79
~~~_
;,, ., „~:
- ' \Torth Carolina Department of Correction
-?,1.~ lt!cst Jones Strcct • P: O:-Box ?9~-t0 • Raleigh, \'orth Carolina ?76Z6-0~-~0
James B. Hunt, Jr. Governor Franklin Freeman, Secretary
._ , . -~, -
July 24, 199
. ~ .. ~.
Ivlrs.`Sandra Barone; Chair• ~ ~~•`
New Hanover County CJPP Advisory Board
320 Cheshiut Street
' Wilnington, NC 28401
1
Dear Mrs. Barone:
= , ~ ~ ~' ~
, :. ~ .-.
1995
.a:i~~11;;1~T1;~T~V~ UFFICL'
NE~V ~,~OVER CO.
I ain pleased to inforni you t11at I have approved New Hanover. County's second
application for discretionary funds.' The award for fiscal year 95-96 is $23,060, `arid the
award for .fiscal year 96-97 is $12,080. I congratulate the Advisory Board for its
successful application and thank you for your leadership.
The effective date of the first grant award is August 1, 199, and the grant period
is 8/1/95 to 6/30/96. The effective date of the 96-97 award is July 1, 1996 and the grant
period is 7/1/96 to 6/30/97. Funds are available on a reimbursement basis unless this
, poses a hardslip and justification to this effect is subnitted to CJPP staff. Please keep
the CJPP staff updated on the project as it is implemented. -~ :,~ ~ --` -
In spite of the sometimes daunting.nature of this endeavor to.create a statewide
framework for conunutity-based correcrions, the local advisory boards have conrinued to
pint forth a great deal of effort, which is an inspiration to me and to the Partnership staff:.
- - -a~ ~~Nancy -Lowe and I are looking forward to seeing the many and varied plans come to life,
, .._ .. .
. . _ _ 'over the next few nloi~ths: ~`' _ - _ ` -' - ~ .~ .~ -
~;
. , r+ .. -. ~ rt ~ k j e ~
80 ~ ~~~ a3.f~c,d,rr:,n.,N Y~f~t
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Discretionary Crraut Award
Page 2
July 24, 1995
Congratulations again on a job well done. Please call Nancy or me if you have
any questions or comments.
With kind regards,
Sincerely,
~7. n~~-
Franklin Freeman
cfi Andrew Atlanson, Deputy County Manager
Bruce Shell, Finance Officer
Rae Jarema, Facilitator
Rose Ann Mack, Regon O
81
NORTH CAROLINA DEPARTMENT OF CORRECTION _ '
CRIl~ZINA.L JrUSTICE PARTNERSHIP PROGRAII~ ~. ~. .
Mailing address: PO Box 29540, Raleic,,h, North Carolina 27626-0540, (919) 715-2635 _
Overnight mail address: 214 West Jones Street, North Carolina 27603
~- ~ DISCRETIONARY GRANT AWARD . .
Effective Date: A~im~ct 1995
Grantee: New Hanover County
Authorizing. Qffcial:
Name: Andrew J. Atkinson
Title Deputy Manager.
Address: 320 Chestnut Street, Room 502
Wilmington, NC 28401
Grant Period: August 1, 1995 -June 30, 1996
TOTAL BUDGET AUTHORIZED: $23,060
In accordance with the provisions of NC GS 143B-273 and on the basis of the Grantee's Criminal
Justice Partnership and application for discretionary funds, the Department of Correction hereby
awards to the foregoing Grantee an award in the amount above.
t_- - s~o~*-~-t/
S~ig~a of Executive Director Signature of Authorizing County Official
Criminal ustice Partnership Program
Nanc C. Lowe
Typed Name of Executive Director, CJPP
Z/ 9.~
• ate
Typed Name of County Authorizing Official
Date
This A~~va.rd is subjecf to the attached Grant Avc~ard Contract and
~~n.ditions.
STANDARD GRAND CONTRACP AND CONDTTIONS
(Implementation and Discretionary Funds)
North Carolina .Department of Correction
Criminal Justice Partnership Program.
THIS GRANT AWARD CONTRACT is made and entered into this day of
199, behveen the North Carolina Department of Correction Criminal Justice
Partnership Program, Grantor, and New Hanover
county(ies), Grantee.
WHEREAS, the Grantor desires to award the Grantee a Criminal Justice Partnership Program
grant, and the Grantee desires to accept said grant, upon the terms anti conditions hereinafter set
forth: .
N~W, THEREFORE, IT IS MUTUALLY agreed as follows:
I. The Grantor pursuant to the NC G. S. ~ 143 B hereby awards a Criminal Justice Partnership
Program grant in the amount of $ 23.060 for the grant period of
August 1, 1995 -June 30, 1995, to become effective as set forth below.
IT. The Applicant/Grautee covenants and a~ees that a grant received as a result of submission of
a Nortli Carolina Department of Correction. Criminal Justice Partnership Program plan and
application shall be subject to and incorporate the following conditions, rules, regulations, and
policies of the North Carolina Department of Correction Criminal Justice Partnership Program
(CJPP). The Grantee shall include provisions appropriate to carry out the purposes of these
conditions in all contracts of employment, consultant's agreements, and contracts issued under
an approved application. This contract may not be amended or altered without the written
consent of both parties.
III. Applicable 1Zules/Regulations
A. Non-Supplanting Stipulation:. The Grantee agrees that funds paid pursuant to this
contract will not be used to supplant or replace federal, state or local funds
otherwise available for related criminal justice activities.
I3. Fiscal Regulations: The fiscal administration of grants shall be subject to such
firrther rules, regulations, and policies concerning accounting and. records, payment of
funds, cost allowability, submission of financial reports, etc., as may be prescribed by the
North Carolina Department of Correction Criminal Justice ~'artnership Program consistent
with the purposes and authorizations of NC G.S.§143 B. It is the further responsibility of
~~ 83
T ~I'I
all Grantees to be aware of-all rules, regulations, laws and policies of the forth Carolina ~1•~
Department of Correction Criminal Justice Partnership Program, now existing or hereafter r
promulgated or amended, pertaining to the. administration ofprograms and projects
funded by the North Carolina Department of Correction:Criminal Justice Partnership
Program. ~ - ~
C. Audit and Inspection: The Grantee agrees to conduct an annual audit of the North
Carolina Department of Correction CJPP-funded project and submit a copy to the Office
of State Auditor and to the North Carolina:Department o`f Correction Criminal Justice..
:Partnership Program: •This annual audit requirement is satisfied if the CJPP-funded
program is part of the Grantee's annual- single audit. The North Carolna,Department of
Correction Criminal Justice Partnership Program, and the State Auditor's office, or any.of
their duly authorized representatives, shall have access foi• the purpose of audit and
.. examination to any hooks;:documents, papers,. and records that pertain to this project. If
,. as a result of inspection.ofthe audit; any.project expendi ure is disallowed, the North.
Carolina Department of Correction Criminal Justice Partnership Program may in its sole
discretion reduce the amount of the rant award by the amount disallowed. •
~~ D. Reporting Requirements: The Grantee agrees to submit financial reports,
:°monitoring/evaluatiori reports~and/or iciformation*as~re.quired by the North Carolina
. ~ Department of Correction Criminal Justice Partnership.Program. The. Grantee agrees to
provide regular progress reports according to the schedule set by the North. Carolina
Department of Correction Criminal Justice Partnership Program. Within thirty days
after the end of the annual grant period, aprogress-report must be,f-led with the
North Carolina Department of Correction Criminal Justice Partnership .Program.
Upon receipt, final payment will'be issued to.-the•,county or=multi=county,. .;,
~E. Release of.~Information: All•non-client records,-..papers, and~.other documents kept by the
Grantee and any contracts. under the grant relating ao the receipt. ands disposition of the
Nort}i Carolina -Department~~of Correction Criminal Justice' Partnership.,,-Program funda_ are
required to be made available under the terms and conditions of applicable. state
regulations. These records must be kept on file for three years following tl~e close of each
annual grant period. ~ A .
F. Assignment of Interest: The Grantee shall not assign any interest in this grant~agreement
and shalt not transfer any interest, whether by assignment or novation, without the prior
written consent of the.Grantor~thereof~ except as.specified herein.
G. Criminal Penalties: Whoever embezzles, willfully misapplies, steals or obtains .by fraud
any funds assets;•or property from a grant; whether received directly or. indirectly from
.ahe'North. Carolina Department of Correction Criminal Justice Partnership Program, shall
be subject to prosecution under applicable law. Whoever knowingly and willfu ly:falsifies
- ~or.•conceals any~material'fact in any application for. assistance submitted pursuant to the
84~~:'
2
1
.Criminal Justice Partnership Act or in any record required to be maintained pursuant to
this contract, shall also be subject to prosecution.
H. Continuation Funding: The Grantee understands that the`awarding of any North
Carolina Department of Corrections Criminal Justice Partnership Program grant in no way
assures or implies continuation of funding beyond the project duration indicated on the
grant contract.
L Third Party Participation: A contract or agreement may be entered into by the
Grantee for execution of North Carolina Department of Correction Criminal Justice
Partnership Program project/program activities or provision of services to a North
Carolina Department of Correction Criminal Justice Partnership Program grant project
which are incorporated in the approved application. Any such arrangements shall provide
that the Grantee will retain ultimate control and responsibility for the project and that the
contractor shall be bound by these conditions as well as the Grantee. In any case, where
the Grantee enters into a contract with third parties, and when such contracts are not
contrary to law, the North Carolina Department of Correction Criminal Justice Partnership
Program shall not be obligated or liable for any breach of contract or other action in law to
any party other than the original Grantee. The Grantee shall provide to the North
Carolina Department of Correction Criminal Justice Partnership Program one copy
of contract documents prior to the expenditure of grant funds.
J. ~'Vaiver: It is agreed that the Grantor's failure to insist upon the strict performance of any
provision of this.appiication or to exercise any right based upon. a breach thereof, or the
acceptance of any performance during such a breach, shall not constitute a waiver of any
rights assigned to the Grantor under this application.
K. Title to Property: The title to property acquired in whole or in part with grant funds in
accordance with an approved budget shall vest in the Grantee, subject to divestment at the
option of the North Carolina Department of Correction Criminal Justice Partnership
Program where its use for project purposes is discontinued. Grantees should exercise due
caution in the use, maintenance, protection, and preservation of such property during the
period of project use.
SV. Operational Procedures
A. Implementation of Project Within Silty days: The Grantee agrees to implement
North Carolina Department of Correction Criminal Justice Partnership Program
projects within silty days following the grant contract effective date, except as
provided below or be subject to automatic~cancellation of the grant. A thirty day
extension may be authorized if requested and, justified in writing during the initial sixty day
period.
3 85
t
.,.
B. Accounting Requirements:' Grantee agrees to record all project costs following
generally accepted fund accounting procedures. A separate account number or cost
recording- system must separate all project 'costs from the Grantee's' other or general
} expenditures. Adequate documentation for all project costs,~must be maintained.
Such financial records -and supporting documentation must be retained and available for
audit purposes for three years. Adequate documentation is defined as follows for each
major budget category: ,
1. Personnel: Documentation mist include time and attendance records, payroll periods,
payment rate and a Brief description of the- service(s)' provided. Time Reports must be
signed by the employee and supervisor. This requirement applies to alT North Carolina
Department of Correction Criminal Justice~Partnership Program project, personnel paid
from grant funds:
2. 'Contractual Services: For individual contractual service providers, -
"" ~ documentation must include time and attendance reports showing.time period,
payment rate, ftou`rs per day and service(s)~provided. Documentation must b~e
' signed by the contractual service provider and the project director. Iri case of
`~~ organizations. performing professional services, documentation must include a
detailed billing indicating services performed or products 'delivered, payment
rate consistent with contractual agreement, and approval by the project
• - director. - - ' '
3. Travel': Documentation must be detailed, to include date, destination, round trip
mileage, reason for travel, and` itemization of espenses.~ Receipts for parking,
tuition, registration, and lodging are required. Expense vouchers will include the
signature of the employee and supervisor. `.~
. ~ •~
4.' 'Supplies and Other Operating Expen"ses and Equipment: Documentation
must include purchase order authorization, audited vendor invoices approved by
` the project director (and other higher authorizing oi~icial, if appropriate). The
Gra~itee further agrees to maintain a current inventory of all project equipment.
5. Construction and Renovation: Documentation must include contracts for ~ `
services, payment rate consistent with contractual arrangement, construction supply
- costs and invoices, architectural plans (if appropriate), dates for start and completion
of projects, detailed billing to indicate services performed and/or delivered, AND
-,'necessary approvals by project director. Payment of rent shall not beA,made on
facilities constructed; renovated or acquired with CJPP -grant funds without prior
written approval from CJPP. '
C. Payment and Utilization of Funds: Funds awarded are to be expended only for
purposes and activities covered by the Grantee's approved project plan and budget.
8 6 ~1 4
. .Project funds may not be expended prior to the grant contract effective date.
Project funds disbursement is subject to completion of conditions set forth as a checklist in
the award letter. This checklist of conditions is incorporated by reference and made apart
hereof. Project funds will be made available through a reimbursement procedure as
- provided by the North Carolina Department of Correction Criminal Justice
,Partnership Program policy and procedure.. At no time shall the Grantee request or.
~ have on hand funds in excess of the amount necessary for expenditure within the next
_ ninety days. No payment of funds shall be made to Grantee during any period of
time within which the Grantee is in default on filing any informational or financial
~. ~ .reports required by the North Carolina Department of Correction Criminal Justice
_
Partnership Program.. The balance of Grant funds remaining after the completion of a
project as authorized in the approved application will automatically revert to the North
- Carolina Department of Correction Criminal Justice Partnership Program account for
' unrestricted reallocation by the North Carolina Department of Correction Criminal Justice
Partnership Program as provided for in the Criminal Justice Partnership Act.
D. Grant Adjustment: The Grantee must obtain prior written approval from the
North.Carolina Department of Correction Criminal Justice Partnership Program
for major project changes. These include, but are not linuted to the following: (a)
changes of substance in project activities, designs, or research plans set forth in the
approved application; (b) changes or deviations which might alter the project scope or
intent; (c) changes in the project director and/or key.professional personnel identified in
the approved application; (d) changes in the approved budget with the exception of those
chari~es permitted in accordance with provisions: cited later in this: section, and (e) changes
in the length of the grant period. Requests for grant adjustments are. to be submitted
on the Grant Adjustment Request Forma Equipment not, included in the approved
budget may not be purchased without prior approval of the North Carolina
Department of Correction Criminal Justice Partnership Program.
Tlie Grantee may deviate from quantities of equipment items in the approved budget as
long as the total dollar amount of the equipment budget is not exceeded, provided written
notification is submitted to the North Carolina Department of Correction Criminal Justice
Partnership Program prior to purchase. This notification should be maintained in the
project file by both the North Carolina Department of Correction Criminal Justice
Partnership Program and the Grantee. In changing the approved budget, the Grantee may
not transfer a cumulative total of more than $2,500.00 in the course ofa grant year,
between or among the major budget categories,- without prior approval of the North
Carolina Department of Correction Criminal Justice Partnership Program.
Budget changes may not be made in the final 45 days of the annual grant period, and
requests for approval of budget changes shall be made in time to allow five working days
for staffreview and consideration. Transfers not requiring approval must be reported in
regularly required f nancial reports. Grantees may not add to the specified equipment list
`' S g7
_ • ~ ~ ~I
without prior approval of the North Carolina Department of Correction Criminal Justice
' ~ ~ Partnership Program.
. ..
E. Procurement Standards and Procedures: Grantees slall meet the minimum
a~ .... .,, ..
requirements for procurement standards and procedures contained in State law as further
limited in this paragraph..All procurement shall be accornplished~by obtaining
J ~' adequate and efTective competition to'the masimuni practicable extent consistent
with Elie value -and specification of supplies and'services to be produced. Publicly
' advertised procurement with sealed bids~and~public openings'shall be the preferred
method. A system of contract administration shall be maintained to~assure the following:
(l) contractor conformity"with the terms,. conditions, and specificafions~of ttie`contract
. : ,purchase order and (2) adequa"te'follow up of all deliveries.- The Grantee must maintain
'procurement records which provide documentation of procurement action including the
justification for sole~or single"source or'tke negotiated method of pro'curemeiit. The "cost
plus a percentage of cost".method of contracting shall not be used.
F. Letting of Pu?rchase Contracts:`" All purchases of fu•rniture,`fixture's, equipment,
..: ..
" materials'and.supplies~for the project described ~in the approved~application shall be made
~~ < at the Lowest possible reasonable pace.. The Grantee agrees .to~adhere to'the following
requirements in making such' purchases: (a) when the purchase will require more than
' ' $1;000 but less than ~2 50.0 informal bids'shall be awarded. to the'lowest responsible
.bidder; takiii~ in'to~consideration quality; performance and the time specified. for
' ~ performance; (b) all .other pu"rchases shall be `made through the Grante'e's normal
' commercial .purchasing pr"ocedures. The North Carolina Department of Correction
Criminal Justice,Partnership `P~ogram reserves t}ie~right to establi`sh`the price or set the
allowable cost value'.of any ifem's.acquired by'the Grantee without'compliance with these
provisions. All riew5auto`~mobiles purchased ivith`project funds~niu•st "follow formal
bid pro"cedures...This procedure involves soliciting sealed bids from qualified sources
of_supply 'Thc.r,equ-rement is legally advertised and bids are opened in p'u'blic. At
' lelst hvo respo:nsiliCe bids must.be received. and the Lowest bid must be accepted.
V. Allowable~'o~n-allowable Costs '
~ .. ~•
A. Allowable ,Costs:. The allowability of costs incurred under ary grant shall be determined
• in accordance'with the general principles of allowabiiity and standards set~by the~North
Carolina Department, of Coriectiori Crimina{,.Justice Partriersliip_Program. If the
allowability of an expenditure cannot be determined because records or documentation are
inadequate, the~c~uestionable cost shall be disallowed.
,.
' B. Expenses~.Not allowable: • The Grantees may not expend grant funds for the following:
.i ` (a) items not part of the approved budget; (b) purchase of land; (c) purcha"se,of buildings
or payment of real estate mortgages or taxes, unless specifically provided- for irr the grant
agreement; (d) entertainment; (e) purchase of automobiles -or other automotive vehicles
88 .. 6
unless provided for in the grant agreement; (f) construction unless specified in the grant
~- agreement; or (g) indirect costs.
C. Personnel: All of the duties and services rendered or performed in the activity of this
project will be under the Grantee's supervision, and all personnel engaged in the work
shall be fully qualified and shall be authorized or permitted under federal, state, and local
law to perform such services. Salary and other compensation for personnel engaged in the
work shall be based on established county personnel policies covering qualifications, job
descriptions, and salaries for existing or comparable position$'. Personnel costs shall not
be allowable as costs to be financed in tivhole or in part with this grant award, unless
the position or allowable cost thereof is specifically contained within the narrative
portion of the application and the approved budget and then only as to the cost
therein designated as approved.
D_ Contracts for Professional Services: With the exception of personal service contracts,
written approval of the North Carolina Department of Correction Criminal Justice.
Partnership Program is required to confract for services. The~Grantee assures that in any
CJPP program or project requiring the procurement of contractual services of
organizations the competitive bidding process will be used when appropriate and practical
fJ and when required by law or by county policy. In all cases the Grantee should secure the
most cost-effective manner of providing services.
Contracts should contain information about the scope and costs of services to be rendered
and tl~e nunimuin number of persons to be served. The Grantee shall draft service
contracts .according to CJPP guidelines for proposed contracts, and the Grantee shall have
the responsibility for securing from CJPP such guidelines before entering into contracts for
services.
A copy of the proposed contract must be submitted to the North Carolina
Department of Correction Criminal Justice Partnership Program for approval.
Upon signing of said contract adated-copy will be submitted to the North Carolina
Department of Correction Criminal Justice Partnership Program to be placed in the
project file and funds for the contractual line item will be made available for
reimbursement purposes..
E. Insurance and Indemnification: Grant funds may not be committed for insurance or
indemnification expenses unless the grant budget and application certifies that (a) types
and extent and cost of coverage will be in accordance with local government policy and
sound business practice and (b) costs will not be charged for contributions to a reserve for
a self insurance program. Grant funds may not be requested by the Grantee if any
expenditures are to be made for insurance or indemnification costs for which the above
certification cannot be made unless complete details and justification have been submitted
7
89
to the North Carolina Department of Correction Criminal Justice Partnership Program and
prior approval. has been granted. ._
~., ~ ...
Rentll:else of Spaceyof:Eguipment: A(I leases entered into for purposes of a funded
,, ,.F• -.
project shall' be made at tfie lowest reasonab{e prices. The Grantee may use its normal
' ,~,. ti " "~ ;leasing procedures.and space requirements for employees:. The~rentah charge must be
consisFtent,,with prevailing rates.in`the.area. ~
'n`: G~ Tr`avel; Lodging and Subs~s'tence: Expenditures and .allowable cost value for travel,
lodgingarid subsistence,shall not ecceed the normal and usual amount allowable by
the Grantee~for such costs under rules anYd policies applicable to Grantee's official
business. In the event that Grantee has no established rule, regulation, or policy regarding
such expenses, th,e,masimum. pa}'ment and allowable cost will be the current
• ' . preyai,ling;.ra'tesaallowed•"for North Carolina`state employees. Any,deviation from the
afore'descrbed expense allowances must be approved by tfie; Grantor;in writing before
• being i~ricurred. Prior approval,by the North Carolina Department of Correction
Criminal.Justice~Par.tnership,P~rogram is required for all out-of-state travel to be
., ,c: ., ..,. « «.. • : , ~ .~ .. ,
' paid, with grant funds..
•
H. Equipment and Other Capital Expenditures: The Grantee hereby certifies that (a) no
other;equipment owned byrthe Grantee is avail;ablefor the project; (b) grant, funds will not
be used to provide reimbursement for the purchase price. of equipment:owned, by the
Grantee; (c) if equipment is,used for purposes other~than this,'project, the,appropriate
_proration of costs.to each.activity involved will be effected; and (d) the cost of equipment
purchased with Grantee funds will be reduced to the extent of resale%recovery, value where
use of such equipment for carrying out the purposes of the grant project is discontinued
(during the life of the project). Gra~it funds esceeding,S20,000.00 may not be
expended or committed for the;acquisition. of automltic data processing equipment,
. ; , .:whet:her by outriglrt purchase;.cental purchase.age;eement, or by other method
.,purchase:witho,ut prior Grantor approval. ~ ;
VI. Grant Reduction/Termination of Grant -
A. Grant Reduction; . In the event that. any costs to.be financed in whole.or in part by funds
for. this grant .are ;disallowed, the Grantor may, in its sole discretion: (a) reduce,the amount
of the~grant by the.amount of,the cost that is disallowed; or (b) apply the amount of the
,cost that.is disallowed o some.. other cost. of the program. or, project described in Condition
IL C: ~ The amount of any reduction in the grant award shall,. in the discretion~of the
Grantor, be immediately recoverable from the Grantee by the Grantor, if the.grant award is
.~. ..
_ reduced due Ito .disallowanceaoffcosts. _ w _ ,_, .,, ., , ,~ - ,
90~
B. Grant Termination:
(1) This grant maybe terminated or fund payments suspended by the Secretary of the
North Carolina Department of Correction where there is a failure to comply with the
terms and conditions of the following:
(a) the approved plan and application and attachments;
~' (b) the grant award contract and specific conditions;.
(c) any state or federal law to which compliance is required;
(d) any policies of the North Carolina Department of Correction Criminal
,~ ~ Justice Partnership Program; or
(e) an audit report which includes audit exceptions not answered to the
satisfaction of the Executive Director of the Criminal Justice Partnership
Program..
(2) Upon such finding, the Executive •Director of the Criminal Justice Partnership
Program shall follow the procedure outlined in the statue governing the program (NC
G.S.§I43B-272.8}. •
VII. Employee Activities
3
A. Conflict of Interest: No individual, public official, or employee of a state or unit of local
government to which a North Carolina Department of Correction Criminal Justice
Partnership Program funded project is awarded may participate in an administrative
decision with respect to the project if such a decision can be expected to result in any
benefit or remuneration, such as a royalty, commission, contingent fee, brokerage fee,
dividend, or other benefits or income to him/her or any member ofhis/her immediate
family.
B. Partisan Political Activity Prohibited: None of the funds, materials, property, or
~. services provided directly or indirectly under this grant shall be used for an artisan
Yp
political activity, to further the election or defeat of any candidate for public office, or for
• publicity or propaganda purposes designed to support or to defeat legislation pending
before any legislative body.
VLIz. Products/Inconie from Grants
A. Copyrights: Where activities supported by this grant produce original books, films,
computer programs or other copyrightable material, the Grantee may copyright such, but
the North Carolina Department of Correction Criminal Justice Partnership Program
preserves aroyalty-free, non-exclusive and irrevocable license to reproduce, publish, and
use such materials, and to authorize others to do so. Any royalties received from
copyrights and patents during the grant period shall be retained by the Grantee and
incorporated into the grant budget.
9
~~ ~ 91
1
U
B. Publccations: The Grantee may publish,. at its own expense, the results of grant activity
without. prior review.by the North Carolina Department of Correction Criminal Justice
Partnership Program provided that any publication~(written, oral, or visual) contains an
acknowledgment of the North Carolina Department of Correction. Criminal Justice
Partnership Program.support. rlt.least one copy of any such publication must be
furnished to the North Carolina Department of Correction Criminal Justice
Partnership Program, except as otherwise requested and approved. Publication of
documents or reports with grant funds beyond~quantities.required to meet standard report ~,
requirements must be provided for in approved,project plans or budgets or otherwise
approved by the North Carolina Department of Correction Criminal Justice Partnership
..Program: .._ ..
C. Publication Statements: The Grantee agrees that any publication, (written, visual, or
audio; but excluding news. releases, newsletter, and ,issue analyses). issued.-by the Grantee
or'by any subgrantee describing programs or projects funded in whole or in part with State
funds, shall contain the following statement:
"This project was supported by Grant m provided by the North Carolina ,
Department of:Correction Criminal Justice Partnership Program. • Points of view or
opinions contamed.within this document are those of the author and do not necessarily
represent the official position or policies. of the North Carolina Department; of Correction
Criminal Justice Partnership ProYgram."
'The Grantee also agrees that one copy~of any such publication will be~submitted to North
Carolina Department of Correction Criminal Justice Partnership Program to;be~placed on
file and distributed as appropriate to other potential Grantees or interested parties. The
North Carolina Department of Correction Criminal Justice P..artnership Program-may
waive fhe requirement:for submisson,ofany specific publication upon submission of a
"~ r'equest providing justification from~the .Grantee., ,
D. Project'Tncome: All interestYor other income earned by the Grantee with respect to grant
funds or as a result of conduct of the grant project (sale of publications, client fees,
registration fees, service charges on fees etc.) must be accounted for in program. records.
All income must be.applied to project purpose in the approved budget or state funds
must be reduced.by_the amount of project i,ncome.t, . ,
>/. Comput`erized system: If computeer sofhvare is,producedunder. a grant, the Grantee
agrees to make such ayaitableao North Carolina Department of Correction Criminal
Justice.Panne;rsVhip.Prog1•am,for transfer to authorized- users ,without cost-other
than ~d;irectly associated. with ;the transfer. Systems..must be documented in sufficient
detail to enable a competent data processing staff to adapt the; system,. or portions thereof,
to usage on a computer of similar size and configuration, of any manufacturer, Tlie
Grantee further agrees to provide complete copies of documentation to the Nortti
92..•,
10
Carolina Department of Correction Criminal Justice Partnership Program.
Documentation will include but not be limited to system description, operation
instructions, user instructions, program maintenance instruction, input forms, file
description, report formats, program listings and flow chart's for the system and programs.
The Grantee agrees that whenever possible all application_prograrns will be written in
order that, they may be transferred readily to another authorized user. The Grantee agrees
to avail himself/herself, to the ma.~imum e.~ctent practicable, of computer software.aiready
produced and available.
f
~~
~`
~a --~~
'~,~' ~~ ~ F ~ i• '.
.- + p
* s r'
93
. ~B~xdget .A~enc~xx~;ent .
~ .. .. _ .
.,~ ~ ~~
DEPARTMENT: BUDGET-AMENDMENT#~
Criminal Justice Partnership 96-0019
ADJUSTMENT: DEBIT:
,criminal Justice Partnership
Criminal Justice Grant $23,0.60
criminal Justice Partnership
Contract Services
~ Supplies
Capital Outlay
DATE•~
8-21-95
~REDIT•
$14,830
3,230
5,Q00
~~~ ~N ~~
t~~~
~oU~~ Co~~~~~
2/x~ ~~TXPLANATION
To budget grant awarded for "Evaluation and Review of Overall Program
Results". The County has been notified that the grant was approved
for two years; however, this is only to budget the a or FY
95/96.
94 . ~ ~ ::
For Budget O((icer's approval; then report
to Commissioners at next regular meeting
` /and enter In minutes.';
,~
~~ ~ REQUEST FOR BOARD ACTLON
~~~ Meeting Date: 08/21/95
f~egular Item #: 10 Consent Item #: ~ Additional Item #:
Department: Governing Body Presenter: Lucie F. Harrell
Page Count In Agenda Package:
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Committees:
Daro Ei r~ Me ,Edi +~- Awn F.l~// S~~e
Domiciliary Home Community Advisory Committee !may ,
Insurance Advisory Committee Uto•r e+ e~a•~Wi ~ ,~ ~n w w; lk,~;,,,sar+
Library Advisory Board u~ %~ ~ ~ ~""~^"~~ vi`r"0t~"`~'"'' l ~"'n'
Nursing Home Advisory Committee ~loseph~~~ W •L~~e
i
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make Appointments
FUNDIN~OURCE:
Federal S: State S: County S: User Fees S: Other S:
Money Is In Current Budget: New Appropriation Request:
Budget Amendment Prepared:
REVIEWED BY:
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
y~-- - -- -- -----°~----~,~-'-'fir
~~ ~at~ ~~Z 1..~ 95_. 9 5
Refer to Office Vision Bulletin Board for Disposition
r
"COMMITTEE APPOINTMENTS
DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE
2 VACANCIES ~ ~ ..
ELIGIBLE FOR
AfPPLICANTS: REAPPOINTMENT
Dorothy L. Grime .
Edith Ann Bell Steele ~ -~- X - -
~i..?a .^as`uY ~trC. ~.: +so~ 0 ~1i Y,l iop.
9 6 ~ ..mss . ~..~~.:~.~~
1
DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE
Number of Members: 9 members (l member for each permitted
facility). Three members shall be nominated by the Domiciliary
Home Chief Administrator, and if posssible, one member must be a
person involved in the area of mental retardation. A County
Commissioner shall be appointed to serve in an ex-officio capacity.
Compensation: None, but may be reimbursed for actual expenses.
Term: 1 year terms initially; 3 year terms thereafter
Qualifications: Must be a resident of New Hanover County. No
person or immediate family member of person with financial interest
in any home served by a committee member or employee or governing
board member of a domiciliary home served by a committee, or
immediate family member of a resident in a domiciliary home served
by this committee may be a member.
Regular Meeting: First Wednesday of every other month at 9:00 a.m.
at the Wilmington Baptist Association.
Statute"causing Committee: G.S. 130-9-5.
CURRENT MEMBERS
Sheila• S. vis
530 Spen r Farlow Drive
Carol a Beach, NC 28.428
458 427 (H)
Fred Spain
3745 Reston Court
Wilmington, NC 28403
251-9299(H) 392-2626(W)
Jane B. Johnson
1812 Grace Street
Wilmington, NC 28405
762-1525 (H) 341-7700 (W)
TERM PRESENTLY TERM
SERVING EXPIRES
third 8-31-95
first 5-31-96
(Appt. ratified 6/6/95 to 1 year term)
Bob Kingsbury •
1305 Thornin Court
Wilmington, NC 28405
350-1513 (H) 762-4744 (W)
Louise C. Siler
2441 Confederate Drive
Wilmington, NC 28403
762-5374 (H)
second
5=31-98
(Appt. 1/16/90 unexpired term)
Reappt. 5/15/95
first
2-28-96
(Appt. 2/20/95 to 1 year term)
second
5-31-98
(Appt. 5/20/91 - 1-year term)
Reappt. 5J15/95
97
DOMICILIARY HOME COMMUNITY ADVISORY. COMMLTTEE~ (CONTINUED)
,- .. _. .. ..a = TERM .PRESENTLY TERM.;
CURRENT~'MEMBERS ~ ~ - " ~ ~ -SERVING ~ . - EXPIRES ,
. Edith Anri Bell Steele,""~ ..,.first ~ 8-5<95
3236 GreyLeaf Drive ~ .- ~ j= ~ ~ ~ - ~,
Wilmington, NC 28401 ~ (Appt. 8/5/91 to 1 year erm)
Pamela W. Wooddell first ~2-28-96
324.5 Kirby Smith Drive ~ ~ ... . ,- •
Wilmington, NC 28409 (Appt. 2/20/95 to 1 year term)
799-3696 (H)~' 39'5-4100' (W) • •
Chief Administrator =. s.~~ Nominees.: ~~ ' _ i.. ..~
Janet 'L. ~-Coyle ~ first. ,. ~ .9-30-96...
4010 Echo Farms Boulevard •~:.: ~ -
Wilmington, NC 28412 (Appt. 9/8/92 to 1 year term)
395-4505 (H) ' ~ 251-9228 (W~) r (`Appt. 9/7/93: to 3. year term).
D911y Mack first 4/30/98 .
The Cape - 316 Club Court ~ .
Wilmington, NC 28412 (Appt. 4/18/94 to 1 year term)
452-9789 (Reappt. 5/15/95 to 3 year term)
Jane`- S. -Jones, COG Long `Term Care Ombudsman, 1480 Har bour Drive;.:
Wilmington, NC 28403. ._ ~ ~~ -
5/95
file':' %d'omicil = . ~ _
•, ,
t:;
9`8
NEW HANOVER COUNTY•
~.
BOARD OF COMM/SSIONERS
` 320 Chestnut Street, Room 305
• W" n .28401-4093
• llmingto , NC .
Telephone (9101 341-7149
,~ FAX (9 101 34 1-4 130
Application for Appointment to Boards, Committees, and Commissions
;~ Appointed by the New Hanover County Board of Commissioners.
Request for Appointment to: -~.-. 1 ~ ~..' i ~" h-Q ~. C 0 ~ (/r ~
Name: ~ ~! V ~ ,~ / ~ %~ r LYt ~
Hcr»e How long have you been a
-' Address:. ~~ ~ ~ ~ ~ ~' resident of New Hanover County? 2
-7 c --c/
Mailing ddress: _,`~ ~~ ~ ~~/~ ~ ~ ~ ~1~' .~ . / f C f
City and State: ~-t-~~7Q~/ ~, ~_ Zip Code: ~~ Q
1
~;~ Telephone: Home: • / 1 ~~ ~ _ /J ~ ~ ~ Business:
"Sex: ~ "Race:.. 1,{~ "Age: L~9
'This inlorm ion 's equested Jo the sole purpose of assuring that across-section f the community is appointed.
"•Employedby:__ ~ ~ ~ z H-, ~1.~,' /! L f1 S'/~
•A person current y employed by the agency or departmenl /or which this application is ma e, must resign his/her position with
New Hanover County upon appointment, in accordance with Article Vl, Seca 4 of the New Hanover County Personnel Policy.
ProfessionalActivities:- .
~~
Volun leer Activities:
Why do you wish to serve on the Board, Committee, or Commission requested? ~ ~~,~~
~ - ~
~r ,
U ~ < <~~
What do you feel are your qualifications (or serving on t e Board, Committee, or Commission requested? ~(~ ,
~~ ~ ~ i
~ _
,~,. I~Vh fare s, o~conce_rc~ wdu/ yo ik to see e Bo rd, om 't e, or Co mis~n address.
Are you currently serving on another board or committee a ointed b a munici li r
~/y~ Pp y pa ty o a county? /f so, please list:
' ' C ~ / _ .
,~_
Date:
7~ ~J ~~
(Please use,reveise side for additional comments)
„~ 1 ~ Suture
~V1 • ' ~ - -
~~ ~ ' ._ .~
- Board of Commissioners
. - ' Neiv Hanover County ;
320 Chestnut Street
,Wilmington, North Carolina 28401-4093
• _.r ,
Telephone (939) 341-7149
Application for Appointment to Boards, Committees, and Commissions
Appointed by. the New. Hanover County, Board of County Commissioners.
.. _ ~ .~,.
,'
Request for Appointment to: t ~ ~ a ~. ~v
' ~ 1 ~ / ~ r' (Picas l~e o! prin~ n 6Jaek ink)
,.Name: a i ~f~- ~ /'I h B,? b/l ~-1{~ C. ~-P .. _
How long have you been a 1,.,
Address: _.~ ~ ~3. ~o ~ j" t° Y ~•~ a ` ~ ,resident of New Hanover County? ~ 2~
f ..` .. ._ ... _..
•Telephone: Home: ~41~,1 3 ~'S---Q$',3 ~ Business: ~/'~9) 3' 9~S`= 3 boa,
Sex:•_C'"iCf'Yt a''%~e. * Race: C~G~-~S' * Age: ~~ ~ ',
. ._- ,.-
t ** Employed by: ~ l~s, `. ~ O o-^ _T f.. ` ~ ~ ~ ~d/'t! .
.. _ Job Title: ~ Gc..r ~ ~ ~n d ~-<. , ... _ u, i^S
Duties P_ erfornled ~ ~ • S ti^ i`s f!.~ ~~ /1 ~ ~G
•Professional Activities: /V r'~~ • /Vu-t^S~ 1t' +~' ~°-s SQ
~ -. .. .. ,
Volunteer Activities: T7 d5 D~ r
h (' IL
J ~ ~, ~ ,.
- Why do you wish to-serve on the Board; Committee, or Commission requested. ` ~'"`~~1-t--
t <
(.~~o yua na ~.. a l o speaK .mow. efxs ves .
-What do you feel are your qualifications for~serving'on th'e Board, Committee, or Commission
r ested? ~ ~
s ~ ~ .~, ~ h
/V rriK sear- en ~Yk~~in~ host y. ~r`de~~ ,~ ~•ejr'., ,la`f•du.s
What areas of~ncern would you like to see that~oard, Committee, or Cornmrssion a~~ress?~
. .~i `u a=~i ~'jv ~ ~ ~~. ~ ~e ~~'r ' ~o errs a~vs rn. ;~o ~x r c ~ ~~ ~` w_>% ~<
This inJosmation.is rcqucstuf jor the sole purpose of assuring that a cross-srction oJtkc community is appointed.
" A crson eurrrntl em to ed the tr en br-de arfinent or which this application`is made, must resign his/her
P y, _ Y 'J, ~ 8 cY P ~~.J '
posiriom with Ncw'Hanoaer County upon appointment, in accordancc`uiith Article Vl, Sec. 4 of the Ncw Hanorxr '
County Personnel Policy. ~'
Date: ( . , . (/•Lf ~ , .
' Signature
(Please use reverse side for additional comments) ~~~6111~ ~C)f~ r '
_ ._
.. -
- ~,. -~
,~ ~ APR 1981_ ~ ,
N ~~
_ _ ~ ^-NeNi yaR~ya
' ~ r C~~,'lty c
:~~ ~ ~omrr;issioners
nk:__ ~.
~~
~- "
COMMITTEE APPOINTMENTS
~~, •
~ ~ INSURANCE ADVISORY COMMITTEE
~
~~ •
1 VACANCY
~; /
• •
APPLICANTS:
,~
~
11e George H; Chadwick, III
•.
"i" ..
~•
COMMENT: Applicant must be an officer, owner or partner of
independent- insurance .agency. Vacancy- was
advertised in newspaper, but no applications were -
received. Note letter from Carlton Allegood.
~,
'~~
`~ •
Attachments: Committee Information. Sheets
• Letter from Insurance Advisory Committee
" Application
4~ 101
WILMINGTON/NEW HANOVER COUNTY INSURANCE 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 d.irectly~, qualified as
"Participating Agents" (Property & Casualty Insurance & Fidelity &
Surety Bonds) who are residents of Wilmington or New Hanover
County.
Regular Meeting: Third Thursday of each month at Riverboat
Landing, Meeting Room at 12:30 p.m.
Statute or cause creating Committee: In June 196"4, 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
CURRENT MEMBERS SERVING EXPIRES
Carolyn "Lyons ~ ~ f it"st 6/ 8-/ 97
P: O. Drawer' 2 7 0
Wilmington, NC 28402 ~ ._' (Appt:_8/22/94) .
256-5650"(H)-763-3431(W)'`
George H. Chadwick, III third 6/8/95
Chairman
2331 Waverly Drive
Wilmington, NC 28403
791-0414 (H) 762-2489(W)
James E. Moore, Jr. third 6/8/93
6800 Wrightsville Avenue, Suite 2
Wilmington, NC 28403
251-0716(H) 763-7313(W)
1102
~~
!> .
WILMINGTON/NEW H.ANOVER COUNTY .INSURANCE ADVISORY COMMITTEE
~ TERM
~ PRESENTLY TERM
SERVING EXPIRES
?~
~ City's Appointees
Henry B. Brown first 6/8/92
,~: -4137 Princess Place Drive
Wilmington, NC 28405.
251-9200 (W)
Calvin F. Wells second 6/8/93
. P.O. Drawer 1889
~ Wilmington, NC 28402
~
'. 762-8551 (W)
~, Katherine Taylor Hinson second 6/5/95
E~tecutive 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. Disabilities and
Substance Abuse Services
Cape Fear Community College
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.
Housing Opportunities of Wilmington
Health Sciences Foundation, Inc.
Lower Cape Fear Water and Sewer Authority
File:/insur.wp
. ,.
+. ~~ ' •
TITtiTTT~fItYL - CVEFt]',:r3c'TTTCt£iL`1' LLITLIYTfU
~, -~IT5LI1'c'TITtE ~L~~T5LT1'~ l'1•ITniritittt'.E
Telephone{91o) 3a1-7~7~ June 19, .1995
Facsimile (910) 815-3558
Ms ..:Lucie F. Harrell
Clerk to the Board
Board of Commissioners
New Hanover County Commissioners
320 Chestnut Street, Room 305
Wilmington, N. C.~~- 28401
Re: Wilmington-New Hanover County .
Insurance Advisory Committee
County Administration Building
320 Chestnut Street • P.O. Box 607
Wilmington, N.C. 28402.0607
Dear Lucie:
We have been advised by your office of the expiration of the
current term of Mr. George H. Chadwick, III, New~Hanover.~~~ .
County appointee to the Insurance Advisory Committee. :~
Mr. Chadwick, as Chairman of the Wilmington-New Hanover.
County. Insurance Advisory Committee, has provided this
Committee with countless hours of his professional time and
expertise. This. has `been to the. benefit o'f~: this: Committee
and to the public entities which it serves.
As the Committee is currently involved in the development+of
a number of options for renewal `of major insuranee~programs,
Mr. Chadwick's service~-on the Commttee.~is most-~valuabie.
The Wilmington-New Hanover County Insurance Advisory' ~ ~:
Committee respectfully requests=the.:New Hanover County '
Board of Commissioners' consideration to Mr.. Chadwick's
reappointment to the Committee.
With kind regards, I am
Very truly yours, ~ `~ ~ ~ ' .
$~
Carlton W. Allegood
Executive Director
CWA/asb
CC: Members -
Wilmington-New Hanover County
1 O ^ .Insurance Advisory Committee
~.
Return toi
~. ~ LUCI E F . I IARRELL - CLII21C
t~ffice (~f
~, •
~LIFiI~ 11~ (~illltllji~is3iL11ZCI,~
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~I1ilmtnUtun. ~urtll t;l±urolina 2N~lU 1-~tU93
'~' ~eleNliuttc (J1J) 3~1t-~ 1~1J
APPLICATION FOR APPOINTMENT TO 130ARDS, COMHITTEES, AND COHHZSSIONS
APFOIN'I~D DY TIIE NEW fII1iJC7t/II2 CS7(1t•7I'Y DCY1FiD OF CO(JNI'Y G~MISSIONERS.
RHQUFST FOR APPOIN'II~Nr TO : ~./: ~~. _. ~ ~ .. /~~ ~-Nle ~, .Y ~• _ T r /~_/ ~ ^---- • '~il~ c
~r ~ (Please type or print i_ri b c}c ink)
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IIOW LONG IIi1VE YOU 13EQ~J A RESIDENT OP
~' AD[J[iF~S: ~/4/.s- /•'/a . /, ;, ~ ... ~ " ~/. /,o. • .-r / ., NEW IIII2JQVF.R CDUNi'Y? ~•~,~ s, ~s .
T~ = 17 g ~ - v i •y E3(1S ]Cta?ss ~ ~ .z - ~ ~ ~
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F wI 1KTIVITIFS : C,l~ _ - ~ ~a y r /~.. ~, ~ ../~ ~i~ ~. i?~ o _ ~O
WIIY DO YOU WISH TO SERVE ON Ti iL' DCYII2D, OCNMI'ITEE, OR CX~iISSION FLIED?
Y~
~, Wfi11T DO YOU FEP.L 11RE YOUR QUALIFICATIONS FOR SERVING ON TILE DOARD,
OC[~'l~TIL'E, ~ MISS ION IZEQ(JLSTID? /~ y ~ ~ ..~ ~~ ~ ~ . , ~ ., ~ ~.. . ;. ~/~jr_
WIU1T ARF.1~S O
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O WOULD YOU LIRE TO
SEE Ti111T B011RD, COMMITT
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~~, (PL~n.SE USE F;LVII2.SE SLUE F012 ADDITIO[~ULL CCl'I~tINIS) SIGNATURE 1 0 5
w
i
LIBRARY ADVISORY BOARD
Number of Members: 12
Term: three years
Qualifications; see page 3, Item B, 1-8 of Library Board by-laws.
Regular Meetings: .Third Tuesday each month at 3:00 P.M. at .the
Library.-
1
statute or cause creating Board: Policy for the Governing and
Operation of the Library.
Brief on the functions: to develop necessary policies for the
efficient and responsive operation of the County's public library
system. Also responsible for making recommendations to the County
Manager. and County Commissioners concerning the operating and
capital needs of the library. Board members are expected to
actively promote the library's service program; keep abreast with
trends in public library development and to work for the continued
i~provement of library services offered by the County.
~~_; ~ TERM
PRESENTLY TERM
+ CURRENT MEMBERS SERVING EXPIRES
1/ Catherine M. Faver second 8-31-96
318 Ann Street _
~% Wilmington, NC 28401 (Appt. 9/4/90)
343-1913 (H) (Reappt 8/16/93
Janet Durham second 8-31-96
5587 Wood Duck Circle
Wilmington, NC 28409 (Appt. 8/20/90)
~~ 395-5587 (H) (Reappt. 8/16/93)
~~ Edward V. Grace second 8-31-96
301 Honeycutt Drive
Wilmington, NC 28412 (Appt. 9/4/90)
392-5692 (H) (Reappt. 8/16/93)
' Jane C. Gregory unexpired 8-31-96
~ 425 R. L. Honeycutt Drive
Wilmington, NC 28412
452-4303 (H) ~ (Appt. 1/17/95)
Frank S. Conlon first 8-31-97
1831 Hawthorne Road
`~ 'Wilmington, NC 28403 (Appt. 8/22/94)
343-8089 (H)
,~!
107
~~
' LIBRARY ADVISORY BOARD
TERM' -
PRESENTLY TERM
CURRENT MEMBERS SERVING-.. EXPIRES
Dorothy_ Manning •" ~ ~ ~ ,~ f first ~ ~ ~ - 8-31-97
105 Ann Street
Wilmington, N C~ 28401 ~ ~ - (Appt: 8/22/94)
343-8209 (H) "
David:' Carnell ' - ~` -•second 8--31-9.7 ~ '
322 Pages Creek Drive • • ~ • r ~- r~
Wilmington, NC 28405 (Appt. 8/19/91)
686-4~1-84 (H ) ' •~ -- -~ (Reappt. 8/22/94)
.a. ~ '~.
Joan A. Harrison ~ first 8-31-97~
1715 Signature Place• ~ - ~ -
Wilmi°ngton, NC~28405~ ' (Appt. 10/21/91)
256-3328 (H) •~• - '(Reappt. 8/22/94)
Ain W. Wilkinson- ~'` ~ ~ first 8-31-95-.
' 2220 S. Live Oak Parkway
Wilmington, NC 28403• (Appt. 8/19/91)
763-6883 w (H) •- ~ '
Jane I. Gr t second _ 8-31-95
111 Sea th Estates - •- '~
Wrig sville Beach, NC 28480
' 25 2922 (H} '•~ ',_ .
Joseph F. Du second 8-31-95
2814 Hydr gea Place
Wilmin on, N C 28403 - -
7 62 - 16- (•H) • ,
~~ Dr. Vivian-Sue Penn first 8-31-95
MacCumber Terrace
6719 Cable Car Lane '
gs
~~~ Wilmin°gton, 'NC 28403 (Appt. • 4/21/92) ~'
2.56=4848 (H)
..
8/94
file: '/library.~wp ~ •
.. .
108
1
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ate:
P/ease use eve side toy addi " nal comma
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
320 Chestnut Street, Room 305
Wilmington,- NC .28401-4093
Telephone (9701 341-7149
FAX (9 101 34 1-4 130
r.
,_
J `'' '.' .
~~! ~ ~ f signatur ~
sl -
N~,v ~~
e~. c.~ _
. App/ication for Appointment to Boards, Committees, and Commissions
Appointed by the New Hanover County Board of Commissioners.
1
1
~~~
v
Board of Commissioners ~~
New Hanover County `~~~,
-320 Chestnut Street
Wilmington, North Carolina 28401-4093
Telephone (919) 341-7149
Application for Appointment to Boards, Committees, and Commissions
Appointed by the New Hanover County Board of County Commissioners.
Request for Appointment to: ~ ~ i / /C 1~fJ
Icasc type or print in black ink)
/~ ,~
Name: ~1C . %'/ f/f}-/Y~-~~~7~./C ~ its' ^~
How long have you been a
Address: resident of New Hanover County?
Telephone: Home: Business:
J * Sex: ~ * Race: * Age:
** Employed by:
job Title:
Duties Performed:
1
Professional Activities:
Volunteer Activities:
Why do you wish to serve on the Board, Committee, or Commission requested?
What do you feel are your qualifications for serving on the Board, Committee, or Commission
requested?
What areas of concern would you like to see that Board, Committee, or Commission address?
' This information is requested for the sole purpose of assuring that across-section of the community is appointed.
" A Anson currently employui 6y the agrncy ordcpariment for which this application is made, must resign his/her
position with New Nanoacr County upon appointment, in accordance with Article VI, Sec. 4 of the Ne Nanoaer
County Personnel Policy. ~ - /~
Date: ~ ,C%,~ ^ ~ c~ ~1.
° ~~~~~(~0 Signature111
(Please use reverse side for additional comments) u LL55 ,
.~,-•, v r
t NEW HANOVER CO.
~. OF CO~~AMISC~nrvcne
h ~ ~
~
L. _
• •:,
Addendum pages to Application for".Appointment to the: ~~
LIBRARY ADVISORY BOARD
•- Dr. Vivian'=Sue- Penn `•
MacCumber Terrace
6719 "Cable, Car Lane :~
_. ,_ Wi-1•~mington", N- C 28403 ... - ~- . _. ..
.. - -...LOCAL RES-I DENT: -.since ~my .-reti'remen't of•'-mor-e~ than 2 years,"'`but I
have ownedymy~tiome here since 1985 and paid taxes from that date.
,.
~
~
,~
,
~ •:
~ ..
_
E
•
r
phone: 256-4848
' Sex: Female Race: White Age: a young, vibrant 62' ~,
E w. EMPLOYED BY: Retired
~
k
•,
PROFESSIONAL ACTIVITIES: when I worked I was active in_; I
_ :. profess iona l o.rg.an-i za-t ions ,and rece_i.ved -.awards and' honor's for
t participation in same; e.g. National Board of PTA.,
• . ~
VOLUNTEER ACTIVITIES: presently on Committees in my
_,Condo; _.
.
" started ..a-",condo_.pro j.ec.t ..o.f .knitting new-born baby caps for the
Hospital; was on the Consumer Panel of local newspaper.
WHY I WISH TO SERVE ON THE LIBRARY ADVISORY HOARD:
1. It has been my dream to serve my community on a library board
. _ since L,.•enter.ed• the magic~world•,•of my'~f'irstw public ~li•brai-y as a
child. I truly believe it is the people's university. ~'
2. I believe my qualifications and experience could be useful to
both- the:•L~ib.~a:ry st-off and. the -Library .patrons- i•n New :Hanover
County. ..
3. There is nothing sweeter than to be associated with success,
' 4 , and•~ the.,New Hanover; Cour_i,ty Library i ,an, unqua.l if:ied success. I t ~'
is one of the most people-oriented libraries I have ever used. ~..,
QUALIFICATIONS: Education and Experience, which are:
.. r - .. `{
L
Education .~
_ _ M.LS Rutgers Universityj, New Jersey (print. med~ia•)- ,; ~'
• EdD Te.mple,,.Unive~rsity, Pennsylvania (non-print media) ••
~• ,.
_ Division He'ad',arid .Head. Librarian o.f 2 Public Lib-rar-ies ~ - -
Advised, created, and ,maintained two church libraries. ~
1
p. 2 Penn application for Library Advisory Board
,~ School Librarian, large Public Junior High School
System Coordinator, Print and Nonprint Media of an entire school
system ( 12 schools) in my state.
Secretary of.a State Library Association.
Head Librarian, Community College Library.
Founded the Community College Library Association in my state and
~, was elected it's first President.
Professor, Rutgers University, School of Library and Information
~~Science,
~ Professor, St. John's University, School of Library Science -
~~~ ..helped both these institutions gain national accreditation.
Vice President of a Taxpayer's organization in my town.
t Radio broadcaster, educational media producer, including
',=' maintenance and distribution of all media in m last rofessional
Y P
position.
f
In Brief: I appreciate and understand the collection and
maintenance of both print and nonprint media, and the patrons who
need or wish to use them, while sympathizing with the taxpayers
~F who pay for the service. I understand the place of the Public
Library among other libraries and local and state institutions.
MY AREAS OF CONCERN:
1. Tfi e .proper care and feeding of not only the Main branch's
collections, but the extension of branches now in the design and
making.
2. The continuation of the wonderful outreach programs offered.
3. The needs of, and appreciation to, the Library staff members
for the service they graciously .provide their patrons.
PERSONAL COMMENT: Thank you in advance for the possible
°~~ opportunity to be of service. I appreciate being able to live in
__ this community and wish to be helpful in-return.
Sincerely yours,
`~~ ~ ~ 113
Date: June 16, 1991
March 7, 1995
Commissioners
New Hanover County
320-Chestnut Street.,
Wilmington, N.C. 28401
Dear Commissioners:
I just LOVE being a member of the New Hanover~,Courity Publ_ic~r'
Library Advisory Board, and missed only one meeting so far during
my first term. That was because I was.at death's door in a
hospital bed! I even enjoy lobbying for state money in Raleigh
every year when Mr. Paynter, requests: our presence to help ther_
library. So, you see, when you're willing to put your mouth
r where the money is, you are•REALLY dedicated.
. :.
Shortly (August) my first term will .be over. As a former
_professor of ...Library and Information .,Science,, (Rutgers Univ), and
a former Head Librarian of several types of libraries that will
be a sad day for me, unless...Yes, unless you might be 'willing to
sa/y-I might.have a second term on .the Board.,.
I talked about my wish for another term with David Paynter, and
he said he~thought he could stand me and my ideas for.,another
three years - although you may wish to 'confirm 'th'at -yours'el`ves .
•. Anyway; if.there is a way to become.a~second termer., I'd.. ~'
certainly enjoy that, as I do take my civic responsibilities ;
seriously. Thank you for listening.
Sincerely yours ~- ~ .
Dr..Vivian-Sue Penn _ ,- t .- .•
MacCumber Terrace
6719 Cable Car Lane ~a,~
Wilmington, N.C. 28403-3668
phone: 1-910-256-4848
.. ;. ~ -
.. -. ..
gY ~~
RE
L COMMlSS10 ER ~ ~ Er•ti3 ~ ~ . ~.~" ~<
114 , ~ ~ ,. ,.. s5
v__.
0
Board of Commissioners
Nezv Hanover County
320 Chestnut Street
Wilmington, North Carolina 28401-4093
Telephone (919) 341-7149
Application for Appointment to Boards, Committees, and Commissions
Appointed by the New Hanover County Board of County Commissioners.
Request for Appointment to:
Name:
Address:
~J ~
Telephone: Home: ~_/ ~ ~' h ~1'S . 3
* hex: ~ * Race:
** E .Toyed by:
Job Title: _ ~1L4'Zh
Duties Performed:
Professional Activities
Volunteer Activities:
~~
~ A ~ (Pl~e type or print in black ink)
How long have you been a
resident of lti'e:v Hanover County? ~`'~~~-
Why do you wish to serve on the Board, Committee, or Commission. requested? ,tit;~~dx~
~~ ~ Q~ ~ ~~
.Grc,~ ~~- ~~- 4~~, ~--, ~~_ ~ ~ • i -~- - , _ .r.,,-,.._,0 /11.,.v-111
What do you eel are your qualifications for serving on the Board, Committee, or Commission
. `"~
What areas concern would y~ like to see at hoard, Committee, or Commission address?
' This informati~is rp~uestecf for lh~ole purpose of assuring that across-section of t)u community is appointed.
" A person currently employed by the agency or department for which this application is made, must resign his/her
position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover
County Personnel Policy.
• t tore
This application will be kept on file for one year only. M
(Please use reverse side for additional comments) ~O-U~
NEW' HANOVER (~
BD. OF C~Mlutccin,-r~.
Business: _
* Age: ~O
COMMITTEE APPOINTMENTS
-, -
~~ NURSING HOME ADVISORY COMMITTEE
Number of Members: 8
2 of the 8~ members may be nominated by Nursing Home
Administrators.
~, Number of members are determined by the number of Nursing
Homes in County. The immediate family of a patient in a home
-may not. be a committee member or persons with a financial.
~; interest in a home served by the committee.
Term: 1-year terms initially; 3-year terms thereafter
~I Compensation: none
Regular Meeting: called as needed
~~
Statute or cause creating Board:. N.C. General Statutes 130
Brief on the functions: Each member shall be aware of the general
conditions under which the persons are residing in the homes, and
sY~all work for the best interests of the persons in the homes.
This may include assisting persons who have grievances with the
home and facilitating the resolution of grievances at the local
level. -
Each member shall make quarterly visits to the nursing home it
serves and more often if it is necessary to carry out the duties.
CURRENT MEMBERS
TERM
PRESENTLY TERM
.SERVING EXPIRES
Edward V. Grace
301 Honeycutt Drive
Wilmington, NC 28412
392-5692 (H)
Eileen B. Rock
8742 Bald Eagle Lane
Wilmington, NC 28405
6'86-7337 (H)
Anne Hardaway
~~ 1951 Knollwood Road
Wilmington, NC 28403
r 762-6295 (H)
William C. M ne
~! 101 Windl s Drive
Wilmin on, NC 28409-2030
452 770 (H) 799-7800 (W)
t
first 7/31/97
(Appt. 7/26/93 to 1-year term)
(Appt. 7/18/94 to 3-year term)
first 5/31/98
(Appt.. 5/16/94 to 1-year term)-
Appt. 3-year term - 5/15/95
first 7/31/97
(Appt. 7/2.6/93 to 1-year term)
(Appt. 7/18/94 to 3-year term)
f first 7/31/97
(Appt. 7/26/93 to 1-year term)
(Appt. 7/18/94 to 3-year term)
117
NURSING HOME ADVISORY COMMITTEE.(CONTINUED)
TERM'
. `. ~ -PRESENTLY TERM
CURRENT MEMBERS SERVING- - EXPIRES
Nora Bednarczyk - first - . _ ,4 / 3.1~/ 9 6
145..Navaho Trail ~ .. ~ .. ~ .
Wilmington, NC 28409. _ (Appt. 4/18/95 to 1 year term)
799-1259 (H) - ,:
Elizabeth A. Weis ~ .:, fi^rst - - ~2-28-96
3224 Amber Drive
Wilmington, NC 28403 (Appt. 2/20/95: to l year term)
392-0916 (H) 343-4357 (W)
~1
~ ~
• ~ ~ .
Nominated. by Nursing.Home~"Administrators:
Teresa D .~ Go ldston . first .. - 6 / 1~/:9 6
2:2 Scotts. Glen Drive •
Wilmington, NC 28405 . (Appt. .6/1/92 'to 1~-year term):
6,8-6-0.597' (H) ~ (Reappt.: 6/21/93 to 3-year term)
., •
Ernst M. Swart first 1/31/96
203 Eggert Avenue
Castle~I-Iayne, NC 28429 (Appt. 1/21/92 to 1-year term)
6T5'=0.770 (~H) '~ Reappt. 1/93 to 3 -:year term).
Staff. Support: Jane Jones, Region O Long Term Care Ombudsman,' .
Cape Fear Council of Governments
'' 1480: Harbour Drive, Wilmington, NC 28401 ~ .
4/95 _
File: /Nursing
118
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919395268=1 CRPE FEHk COG
• W'i~iaT~n tCt. Marine
l0I Wincll~ss I?rive
Wilmington, Nozth Caro~ina 2309-2030
651 P02 JUN 29 '95 09:00
"June 14, 1995
NSr. Edtvarcl '~. Gxace, Chaianzan
New Hanovex County Nursing Home Advisoryy Conunittee
c1o Cape Fear Council of Crovernmenis
1430 Harbour Dzive
Wilmington, NC 28401
Dear Ed;
Zt is with zegret that ]: xrzust resign from. the Nursing Home Advisory Cornmittes.
As you know, a family member recently had to erner a nuxsi~ag home facility ion New
Hanover County. ~ keeping with both the statues and spirit ofthe Iaw to prevent a
cordiici of interest, I need to leave the Committee.
~ biy experience with the Committee over the past t~vo years has bun immeasurably
enjoyable and fxuitful, and I hope X have provided a necessary service to the community •
and to the t-esidents of Tiew Hanover Coum}~s nursing homes. •.
Please relay to the other commit#ee members and to Jane Tones my appreciation
for their support, and I hope I will once again have the pleasure of serving the community.
Xouzs tzuIy,
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- ~ ~ NEW HANOVER COUNTY
:. ~.~ BOARD OF COMM/SSIONERS
S~,`
`' ~ 320 Chestnut Street, Room 305
... ~~ Wilmington, NC 28401-4093
Telephone (9101 341-7149
FAX (9 101 34 1-4 130
App/ication for Appointment to Boards, Committees, and Commissions
Appointed by the New Hanover ,County.Board~of Commissioners..
Request for Appointment to: V r-S '
' n ~• .
Name: ~c2-ll{~in~ W. ~t~~~-I~ .
Home y~_ How long have you been a
Address: I ~`~ I ~t^~ -_~, r _~k r20 ~, d resident of New Hanover CountyT t e r
Mailing Address: .~{m~_ A t a ~ o ~ - -
City and State: _~i~f/Y~ r~ f, rlf n ~C. . _ ~ Zip Code: • `a-8'iC5
Telephone: Home: ~ ~~0) (v8~ -~~..oi 5 Business:
"Sex: ~ '"Race: YY •Age: ~~
'This in/ormation is requested /or the sole purpose of assuring thel:a .cross-section o/ the community is appointed..
~!:
" "Employed by:
"A person currently amployled b he agency or department for whichThis application is made, must resign his/her position with
New Hanover Co'unty:.upon appointment, in accordance with Artic/e Vl,. Sec: 4 0/ th;a New Hanover County Personnel Policy.
Job Title:
Professional Activities:
VoiunteerActivities: (',/~11j l~z,• ~ -'r~-, (' ~YT (' ~ ~-~ ~ ~~,x ~ i; ~~-u ~ E~e C:I ~~1, o F l_r,c~/~~ Lie FEEL
Why do~you wish to serve on the Board, Committee, or Commission requested? Z W~~~rl ~i~ke ~ .~ a~~e_
7-11 l,~(2, >~~~ ~r~0 )~Pr~rP Ilnr~ ~~~+'~Pr~i. ~ (n .nC„r^t (,lP~~- _;nr rJ~
J v
1"P.S;o(r ~~~ I~n r11~t(rnr ~,ornzS
What do you feel are your qualifications for serving on the Board, Committee, or Commission requested? .Z qn-~
~ I/~~A~t~-z/~ d IV~nrte (end r,Jac Prn~P c-1 ~~~ G /lhrf,'pr d~nrn _ -Mr ! Gte~r`S_
,,
What areas of concern would you like to see the Board, Committee, or Commission address? ~,e, ~trc~c ~c.-~~on
-I- ~..r~ ~S ~- ~S a 0 'a n t~ nn
O~.r Ioc-cal nt~rs,'~__``~~ ho~n~5
Are you.currently se?(~ing on another board or committee appointed by a municipality or a county? if so, please list:
O
Date: J~ I u ~ a, ~~ 9 5 Signature
(Please use revere side! r additional comments)
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
~VILMINGTON, NC
~, JULY S, 199 6:30 P.M.
~: ITEM NO. ITEMS OF BUSINESS PAGE
NO.
1. NON AGENDA ITEMS
~ 2
A
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;,~ .
roya
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nutes
PP 123
' 3. Approval of Request for Sewer Allocation/Northside 125
` Wastewater Treatment Plant Greenville Pro ernes
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122~~
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: W&S 2 Consent Item #: ~ Additional Item #:
Department: Governing Body Presenter: Lucie F. Harrell
Page Count In Agenda Package: Contact: Lucie F. Harrell
SUBJECT:
Approval of Water and Sewer Minutes
BRIEF SUMMARY:
Approve minutes of August 7, 1995
1
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Minutes
FUNllINU SOUKCE:
Federal S: State S:
County S: User Fces S:
Other S:
Money Is In Current Budget:
Budget Amendment Prepared:
New Appropriation Request:
REVIEWED T3Y:
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
`,APPRaV
COI~~lTY G~~~~~t~~~
~ ~ - 123
_Dafe ~12t.~~~S~~.
a Refer to Office Vision Bulletin Board for Disposition
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This pa;e i~ite~rtionally left blank
Zegular Item #: W&S#3 Consent Item #: Additional Item #:
)epartment: Engineering Presenter: Wyatt Blanchard
'age Count In Agenda Package: Contact: Wyatt Blanchard
~- ~ REQUEST FOR BOARD ACTION
Meeting Date: 08/21/9
SUBJECT:
Request for Sewer Allocation/Northside Wastewater Treatment Plant Greenville Properties
BRIEF SUMMARY:
We.have received a request from Mr. Tommie Little, representing a company by the name of Greenville
Properties, requesting a sewer allocation of 60,000 gallons per day (gpd) for a proposed subdivision on US
117 near Wrightsboro (see attached map). We have received an additional 150,000 gpd of flow from the City
which will give the County a total of 160,000 gpd. Approximately 110,000 gallons of this is required to
serve North Chase to prevent a required expansion of that treatment plant and to eliminate the Churchill
Estates Treatment Plant. The remaining unallocated flow would be 40,000 gallons, therefore, I do not feel
that more than 20.,000 gpd should be given to this request.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
I recommend that 20,000 gallons. flow be granted at this time and that additional flow be granted if
additional allocation is received from the City.
s
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FUNDING SOURCE:
ederal S: State S: County S: User Fees S: Other S:
Money Is In Current Budget: New Appropriation Request:.
3udget Amendment Prepared:
ltL' V1L' VVL'U LiY'
LGL: N/A WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
C UNTY MANAGER'. COMMENT AN E MMENDATI N
Recommend allocation of 20,000 gallo s.
APP ~__ ..~-_;~
sou co~~~Q~~~~~
~te:~8 ~J~ -~s~,.~ 25
. _ . _~ V1 _ ___
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Refer to Office Vision Bulletin Board for Disposition
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NEW HANOVER COUNTY BOARD OF COivlivlISSIONERS
CONSENT AGENDA
AUGUST 21, 199 9:00 A.ivl.
ITEivI NO. ITEMS OF BUSINESS PAGE NO.
1. Approval of minutes 129
2. Approval of disposal of a Ricoh copier from the Finance Office 125
as a $700 trade-in on the purchase of a new copier and associated
Budget Amendment #96-0022
3. Approval of DWI mini-grant awarded to Sheriffs Department 135
in .the amount of $2,820 .
4. Approval of contract for professional services with UNCW for 141
Tidal Creek Water Quality Studies
5. Approval of Resolutions for road additions to the State 163
Highway System
Roads in River Oaks Subdivision
Wedgefield Drive in Crosswinds South Subdivision .
Roads in Wendover North, Willow Brook and
Jacobs Run Subdivisions
Buck Drive and Carolyn Hill Road
6. Approval of application to file for $137,462 in state funds for 171
the New Hanover County Library
7. Approval of request for refund on vehicle taxes from Zachary 177
Kent Northrup
8. Approval of Release of Value 181
9. Approval of New Hanover County and New Hanover County 183
Fire District Collection Reports thru July 31, 1995
10. Approval of acceptance of the Alternatives to 187
Detention Grant for FY95-96
1 1. Approval of Budget Amendments: 201
A. #96-0017 to adjust budget to actual FY96 allocation
($39,584 Elderly/Disabled; $0 Med Tap)
127
B. #96-0018 to rollover unexpended grant funds from FY94-95
128
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- ~ REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: Consent Item #: 1 Additional Item #:
Department: Governing Body Presenter: Lucie F. Harrell
.Page Count In Agenda Package: Contact: Lucie F. Harrell
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve the following minutes:
Regular Meeting of July 17, 1995
Work Session (with Fire Commissioners) of July 17, 1995
Regular Meeting of August 7, 1995
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes
r u1v~I~vu ~uultc:L:
Federal S: State S: County S: Uscr Fees S: Othcr S:
Money Is In Current Budgct: New Appropriation Request:
Budgct Amendment Prepared:
~LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER'S .COMMENTS AND RECOMMENDATIONS:
129
Refer to Office Vision Bulletin Board for Disposition
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: Consent Item #: 2 Additional Item #:
Department: Finance Presenter:
Page Count In Agenda Package: Contact: Amy Akin
SUBJECT:
Disposal of a Ricoh copier from the Finance Office as a $700 trade-in on the purchase of a new copier.
BRIEF SUMMARY:
Approval was granted in the FY96 budget for the Finance Office to purchase a new copier to replace the
Ricoh copier that is currently being used. The Finance Office is requesting approval to dispose of the Ricoh
copier as a trade-in on the purchase of a new copier. Informal bids have been received and the Finance
Office will be awarding the purchase of the new copier to Copypro, Inc.; Copypro is offering the County
a $700.00 trade-in on the Ricoh copier.
t
C~
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend adoption of resolution giving approval to the Finance Office to dispose of the Ricoh copier,
model # FT5520, serial number 0140049824 as a $700 trade-in on the purchase of a new copier from
Copypro, Inc. Recommend approval of associated budget amendment to recognize the $700 trade-in.
FUNDING SOURCE:
Federal S: State $: County S: User Fecs S: Other S: 700
Money Is In Current Budget: No lYew Appropriation Request: Yes
Budget Amendment Prepared: Yes
REVIEWED BY:
LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT
C UNTY MANA ER' C MME ND RE MMENDATI N
Recommend adoption of resolution..
131._
Refer to Office Vision Bu'letin Board for Disposition
. ~
SOLUTION
OF THE
.._... _-
BOARD OF. COMMISSIONERS
OF _,
NEW HANOVER COUNTY ~ `
~..
WHEREAS, the New Hanover County Finance Office has a Ricoh Copier, model # FT5520,
. - :- serial number-0140049824, which is five years old aril frequently inoperative, which they would like
to declare as surplus;
. AND WHEREAS, the New Hanover County Fiance Office is purchasing a new copier and
x~
would like to dispose of the~Ricoh Copier pursuant to G.S.' 160A-267 as a trade-in"(private sale) on
the purchase of the new copier in an-amount of seven hundred ($700:00)~dollars;
` NOW THE°REFORE, BE IT RESOLVED BY the New Hanover Count Board of
Y
Commissioners that the Ricoh Copier, model # FT5520, serial number 0140049824 will be'sold by
the Finance Office pursuant to G.S. 160A-267 as a trade-in (private sale) on the purchase of a new ~~
copier.
This 21st day of August, 1995.
(SEAL) ~ ~ .. ~J
Chairman, Board of County Commissioners
ATTEST:
g Clerk to the Board - a
' ~::
132
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Budget Amendment
/ ,. ri rUr r/..Z%i/ / ' i/'!' :4%//%///.' i%/~,'~irrrr%%/r///'!%/,%%/~ ~ r%%%~%~%~i~:%;r'i/r/%~ ~///// ~~/~/ %/'/ i ~~ ~ / ~ ~/ ~~~
DEPARTMENT BUDGET AMENDMENT m DATE
Finance Department 96-0022 8/21/95.
ADJUSTMENT
DEBIT
Finance DP_nartmenr
Sale of Fixed Assets $700
Capital Outlay/Equipment
,i
EXPLANATION
CREDIT
$700
To budget recognized trade-in allowance for Ricoh copier.
For Budget Oftice s ~ vat; then report
to Commissioner~it n ~t~ gular meeting
and enter in minutes.
To be approved by Commissioners:
To be entered into minutes.
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- ~ REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: Consent Item #:3 Additional Item #:
Department:. Sheriffs Department Presenter: .
Page Count In Agenda Package: Contact:. Sheriff J. McQueen
SUBJECT:
DWI Mini-grant awarded to Sheriffs Department in the amount of $2,820
.BRIEF SUMMARY:
The Sheriff s Department has been awarded a DWI mini-grant in the amount of $2,820 from the Governor's
Highway Safety Program. The grant is for a three week period and will pay for overtime incurred to conduct
sobriety checkpoints.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend acceptance of the grant and request approval of associated budget amendment #96-0020.
FUNDING SOURCE:
Federal S: 2,820 State S: County S: User Fees S: Other S:
1Vloney Is In Current Budget: No New Appropriation Request: Yes
Budget Amendment Prepared: Ycs
REVIEWED BY:
LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER'S COMMENTS AND RECOMMENDATI(
Recommend acceptance of grant and approval of budget amendment #9
135
Refer to Office Vision Bulletin Board for Disposition
„_.~
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• ~ '' STATE OF NORTH CARO(.INA
DEI'ART[vtENT OF TRANS['Of~TATI~ON''
,_ ~ _ JAMES,Q. HUNT. J.R GOVERNOR'S HIGI iWAY SAFETY ('ILOGRAM ~~
GOVERNnR 215 EAST UNE STREET. RALEIGf-I. N.C. 27G01
._. _ x'
June 12, 1995
t ..
"
. , `Sergeant Duane T . Ward
New Hanover County Sheriff's Office
1901 Hall Drive
Wilmington, North Carolina 28405
Dear Sergeant Ward:
R. SAMUEI. HUNT f I I
SECRETARY •~' ,
.~w
..-
° ~.
s - .. .
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•i
RE: J7-95-04-14-124
Enclosed you will find the contract for the extra duty funding
for your agency. As the contract indicates your agency will.be-
reimbursed up to a maximum'~of $2-,•820 for-extra~dutp~experises
'actually incurred: - ~ - ~ - ~~
The reimbursement forms as well as completed examples are also
included with this letter. As outlined in the contract, eligible
expenses .must be incurred between June 29, 1995 and July 23,
1995. The completed forms must be received at the Governor's
Highway Safety Program by August 31, 1995 to be eligible for
reimbursement.
The additional form enclosed is a duplicate of the form.we~,use toy
capture-the data from this project on a statewide.basis. Please
complete this form for 'your agency for the entire three weeks and
~ send it with your reimbursement request. This form must ,
' accompany the reimbursement•or it will not be processed: ~~ •
~If you have any questions or should you need any assistance in
completing these forms do not hesitate to call me. -
. Sincerely, I am ~ _ - ~ . ..
l _ z~~: ~ •
Mark Scaringelli ~'~
Highway Safety Specialist
enclosure
cc~ eject file J7-95-04-14
/`~
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ZNTERGOVERNMENTALRGREEMENT
Agreement Number J7-95-04-14-124
• . .. _..... ,.. ~_r.._,..
:. ~ ~ ~ ' - 71995
~~
,~ ~ ^`,fl 1ri
This Agreement is made and entered into by and between. the Stale of North Carolina acting by and through the
NorthCarolina Department of Transportation, Governor's E-lighway Safety Program, hereafter called Uepanrncnt,
and New Hanover County Sheriff's Office hereafter caller! Agency.
I. RECITALS
A. PURPOSE
The principal purpose of this aerecment is to supplement the cnforcernent of traffic I~ws
tliroughout North Carolina, especially laws for driving while impaired, by providing extra duty
funds to conduct sobriety checkpoints:
B. BENEFITS
The reduction of the number of unpaired drivers on North Carolina's roadways through a massive
J media, education and enforcement campaign. Tfie Governor's Highway Safety Initiative (GE{SI)
:unpaired driving campaign, "Booze It ~g Lose !t, "will provide high profile checkpoints across the
state.
C. EFFECTIVE DATE AND DURATION
This Agreement shall be effective from June 29, 1995 through July 23, 1995.
fI. PROJECT ~•IANAGEhIEN"I' I'Lr1N
A. DEPARTI`-LENT OBLIGATIONS
Department agrees to pay Agency not to exceed the sum of ~ 2,820 upon completion of work as
described under II. B. AGENCY OBLIGATIONS.
ueparunent shah pay billings received by Agency within 30 days after receipt by Gepanntent
provided billing is complete and correct. ,Billings must be received within 30 days of the project's
ending or funds will be subject to deobligation. .
B. AGENCY OBLIGATIONS
C
T1ic following assignments will be performed during effective contract dates:
I. To provide extra duty traffic enforcement for sobriety checkpoints.
2. Officers will be permitted and encouraged to issue multiple citations to drivers who have
committed several violations. Example: "driving witlr license revoked" and 'failm~e to wear
snjctyGelt".
3. Agency will report sobriety checkpoint enforcement activity to the county law enforcement
coordinator on the Monday following each week of enforcement and as indicated in section II. B.
4. 13 7
l
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J7-95-04-14-124
_. 4, .Reimbursement A'green>ent -Agency shalt submit..a billing to the°Department not later than the 30
°' days after July 23, 1495. This billing must reflect actual costs of work accomplished during the
' billing period. The billing ,shall _be submitted on .the appropriate • Department reporting forth,
indicate agreement number; extra duty hours/rate fof day and he signed by contracting official. '
Activity reports indicated in section II. B. 3 must also be submitted along with the billing before it
will he processed..
5. Allo~~•able charges under this'agreement't'o contract funds inclu'd'e: Extra duty pay for sobriety 'J
checkpoints at actual extra duty rates on a per officer basis including benefits.`~These costs shall be
determined as if the officer was actually working for and being paid by Agency and arc subject to
the Fair Labor and Standards Act.
The Department, the Secretary of State's Office oC the State of North Carolina, the Federal
Government, and their duly authorized representatives shall have access to the hooks; documents,
paliers~'aiid records bf`tfc Agciicy`which are lircctly pertinent `to this specific agreehrcnt for the
purpose of making audit, examination, excerpts; and transc'~ipts fog a ~'crioil' of''tfiree ~(3) years after
final payment. Copies of applicable records sha11 be made available upon reque's't. Payment-for cost of
these copies is reimbursable by Department.
:,.. ~. ..
C. KEY OFFICIALS
~ Agency: ~ ~~ ~ New Hanover County'Sheriff's Office' •• ~•
Contact Name: Sergeant Duane T. Ward
Address: 1901 Hall Drive
` Wilmington. North Carolina'28405
Telephone Number: (91U) 341-4286 r -
Governor's Highway Safely Program
265 E. Lane Slrcet
Ralcigli, Nortlr Carolina 27601
(9 f9) 733-3083
Contact: Mark Scaringclli
.. ~ '~..
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3 J7-9S-04-14-124
III. GENERAL PROVISIONS
FEDERAL REGULATIONS
It is understood and agreed that the activity covered in this Agreement is undertaken under the authority of
Section 402, Title 23, United States Code, and is subject to the administrative regulations established by
Federal guidelines including Office of Management -and Budget. (OI`1B) Circular A-87 and arc ficreby
incorporated by reference with the same force and effect as if they were gi~•en in full text. Applicants shall
adhere. to the standards established by OMB 49 CFR Part 18 and additions or amendments thereto, for
Grants and Agreements with State and Local Governments.
IV. APPROVAL
The Fiscal. Year 1995 Highway Safely Plan was approved by the United Stales Department of Transportation on
October 1, 1994. At that time, the Director was authorized anddirectcd to sign all contracts included. in this Plan for
and on behalf of the North Carolina Department of Transportation.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year
hereinafter written.
V.1 SIGNATURES
AGENCY Iv~~ ~o,wo•VCr
New Hanover County Sheriff's Office
STATE OF NORTH CAROLINA, by and
through its Department of Transportau '
Co~•cy~or's Highway s~r~ty Progra~
B y ~,~; c7n ryt e S N~ S r,~,.,/ r .~
~i~ /T~ n0 v t/~ C d J Vt e r ,~~ ~e~0r
(T~•pe or print name and title)
B
Joe M. Parker, Director,
r _
Date ~o - /Z -~~
~ ~~~ ~ a ~~~~~x
~~.~ -..
139
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~A.... es+-... ~ ew
:
.
CONSENT AGENDA `l'
{
~~~ge~ ~-.1~1eI1.C~xI1~11~ August 2l, 1994
....,~,.,.,.»>..>.» ....,.,v
....., \.J ... .. .: ..-.: ~.~. ~:.:.!i`.:\ \ ...>: ~. •~•..:::.:~,~..; . .: ....... .. ......... ^ ..
...~... .....u.~.... n. n..... ..~.. .. v\ ......Tn.. ... .................~~~.v:.~v^.i~:iv~:.:;. :.:nil .. ................ ....
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\.~ ,u~wr`....~..~~~~.ny~~uN;p.r...}•~...~;n.~~v.;.wv,..w~.r.~......~..C`!. \....•
:.: ~i~ii~C~i:.y.~:,?:.... ~~
........ .........:.........2
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DEPARTMENT:. BUDGET AMENDMENT# DATE:' -- -
Sheriff'-s. Department 96=0020 -
. ,~. ~ - 8-21=95' '
ADJUSTMENT.: DEBIT: CREDIT: ~ -
Sheriff ' s~ Department ~ ~ - - '
DWI-Overtime Grant ' $2, 820 , J.
' Sheriff's Department ~ •
Salaries $2,415
~ FICA 185 p
Retirement -..
1
220 f
. ; r; ,
- { U
~'
EXPLANATION D
To increase budget for DWI mini-grant awarded to the Sheriff's
Department for a three week period to conduct sobriety checkpoints.
. ~ . PR~V®
14 0 ~ ~o~~ co~~~~s~~ s
r~~~y=~},L~~ ~!1~ ,~Q~y~, For Budget O((iccr's approval; then report
to Commissioners at next regular meeting
and enter in minutes.
To be approved by Commissioners.
To he entered into minute.
1
1
tegular-Item #: Consent Item #: 4 Additional Item #:
department: Planning Presenter: Patrick Lowe
'age Count In Agenda Package: 20 Contact: Patrick Lowe
• REQUEST FOR BOARD ACTION
Meeting Date:. 08/21/95
SUBJECT:
Contract for Professional Services with UNCW for Tidal Creek Water Quality Studies
BRIEF SUMMARY:
This item is for informational purposes. It is a budgeted item for the 1995-96 fiscal year.
The attached contract for services with UNCW provides for the continuation of the water quality studies in
the major estuarine creeks. This will be the third phase (year three) of the proposed four-year study. The
study focuses on developing an understanding of the water quality in the tidal creeks, identifying sources
of pollution, and providing recommendations for management strategies.
The study has already provided important data that has been•used to•begin pollution mitigation efforts on
Fitch Creek. Other projects are under development for Howe and Hewlett's Creeks. Additional matching
funding for this project is being provided by the Northeast New Hanover Conservancy and the UNCW
Center for Marine Science Research..
RECOMMENDED MOTION AND REQUESTED ACTIONS: "
Approve contract and authorize manager to sign.
?edcral S: State S: County S: 20,000 User Fees S: Othcr S:
Money Is In Current Budget: ycs New Appropriation Request;
3udget Amendment Prepared:
FUNDING SOURCE:
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
' COUNTY MANAGER'S COMMENTS AND RECOMMET
Recommend .approval of contract and authorization forme to si
t
L
141
Refer to Office Vision Bulletin [3oard for Disposition.
. a
h~RAFT
,.New Hanover County Contract # 96 - 0062
NORTH CAROLINA :.. _. .. : , ..
PROFESSIONAL SERVICES AGREEMENT ~ ` ~'~`
NEW HANOVER COUNTY `
THIS CONTRACT, made and entered into this day of ~ ..Y ~~ ,
.. _ .. _ _~
1995, by and between NEW HANOVER COUNTY, a political subdivision of the State of North
Carolina, hereinafter referred to as. "County"; and UNIVERSITY OF NORTH-CAROLINA AT
WILMINGTON, a;State University, hereinafter.referred to as "Contractor' ;
._' . ~ ~ WI_TN.ESSETH: ~ ., _
That the Contractor, for the consideration hereinafter fully set out; hereby agrees
. _. ... ~ _
.with the..C'o.untyas follows:,. ~ _ .
1.Performance. Contractor shall furnish all labor, materials and equipment and
shall perform all work, further described in the Scope of Work, marked Exhibit A and
incorporated herein by reference, for the project generally described as: The third phase (year
three) of a four (4) year study that focuses on developing an understanding of water quality in the
major estuarine creeks of New Hanover County, identifying pollution sources, and recommending
short and long term management strategies, so as to respond to the .rapid.population growth in~ .
New Hanover County.
"~ ~ - ~ 2'. Payment: County agrees~~to pay Contractor, .for services rendered, .the sum ofM;
- Twenty Thousand ($20,000) Dollars payable in quarterly installments as determined by work
. ., ~ ~.
completed.
~`. ~ :.
3. Term. Contractor shall commence work thirty (30) 'days aftei-~this agreement is
r
signed and shall continue for twelve (12) months. Quarterly progress reports will be circulated to
142 ~
1
1
New Hanover County.Contract # 96 - 0062
all parties and an annual report will be prepared by the project director and submitted to the
funding agencies no later than fourteen (14) months following the start of the study.
4. Ne Ig.i~ence. Contractor will be liable for acts or omissions by Contractor, its
employees, agents, or sub-contractors. County will be liable for acts or, omissions by County
employees.
5. 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.
6. Default and Termination. If Contractor fails to prosecute the work with such
diligence as will insure its completion within the contract time, or if Contractor breaches any one
of the terms or conditions contained in this contract and fails to cure said breach within five (5)
days of County's mailing of Notice of Default, or otherwise fails to perform the work hereunder to
the County's reasonable satisfaction, County may terminate this contract forthwith.
7. Entire Agreement. This agreement constitutes the entire understanding of the
parties.
IN WITNESS WHEREOF, the parties have caused the execution of this
.instrument, by authority duly given and on the day and year first above written.
143
<,
~. ~Nefv~Hanover County Contract # 96 - 0062
ATTEST:
Clerk to the Board
.~
.. '-a ~ ..
NEW HANOVER COUNTY
•;
• Allen ONeal, County Manager
~ 6 r
._ _ ~ ~ .. r
UNIVERSITY OF NORTH CAROLINA
AT WILMINGTON,
a State University
.. - ~ [SEAL]
Dr. John J. Manock, Director
. ~ • Research:Administration .,
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 Officer County Attorney
• -- ,
NORTH CAROLINA
NEW HANOVER COUNTY
;~.,. - •
I, a Notary Public of the State and County
aforesaid, .certify that Lucie F. Harrell personally came before me this day and: acknowledged that
she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly
given and as the act of the Board, the foregoing instrument was signed in its name by its County
Manager, sealed with its official seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this day of 1995.
,,
Notary Public
l~y~o~mission expires:
New Hanover County Contract # 96 - U062
NORTH CAROLINA .
COUNTY
I, a Notary Public of the State and
County aforesaid, certify that DR. JOHN J. MANOCK personally came before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal, .this day of ~ , 1995.
Notary Public
My commission expires:
~.
~.
_~
~ 145
FROM UNC~- RESEARCH iiDMINI5TRR7fON 550-4011 01.01.2000 2200
`.SUMMARY OF"PR'OPOSEDTIDAL CREEK SAMPLING
POR 7996-96
Futch Creek and Bradley Creak - sampling aPLort will conccintrata~
on these-two creeks, consisting of:
f acal coli~orm bacteria
nutrients
ahlorophyll '~ ' _ _ '
...: w~tar tempsratuxa` ~ ._ • .
di$svlved oxygen ,..
salinity
. water transparency
.heavy •metals .dnd toxici.ty.: ~ -~. , ;; ~ ..
investigations oP degree and afPeots of nutrient loading
benthia maaro~aunal abundance and diversity
The•above parameters will ba sampled at several stations
throughout the two creaks.
Additionally, Further investigations concerning the uge, utility,
and interpretation o~ decal coliform Lield sampling methods, will
continue at Futch Creek. _ ~~
Howe, Pagae, Hewletts creeks -- Monitoring will continue on these •
creeks at selected stations at a reduced level, consisting oP:
nutrients
• chlorophyll ~,
water temperature
dissolvod oxygen
' salinity
metals and toxicity
bivalve abundance and diversity
Tha above will be work conducted under the joint NQw Hanovex
County/Northeast New Hanover conservancy grant to UNCW CM9R
($40,000). Tt ig likely that soma additional work will be
accomplished by students doing independent research projocte.
.;
r
EXHIBIT "A"
146 ~
ANALYSIS OF THE PHYSICAL, CHEMICAL AND. BIOI"fC CONDITIONS
OF
NEW HANOVER COUNTY'S TIDAL CREEKS
- ~ 1995-96
(Third Year1.
Imperative for the Study
New Hanover County has experienced substantial growth in
suburban areas during the 1980s. Hundreds of housing°
developments have been build in this decade. Among many
environmental impacts, these suburban developments have had both
direct and indirect effects on the quality and quantity of
surface water reaching the creeks and other estuarine waters that
nearly surround the county. These effects include increased
loadings of coliform bacteria, nutrients, pesticides,
hydrocarbons, heavy metals, sediment and fresh water. Previously
.pristine estuarine waters have been, and continue to be, under
the pressure of population growth in the region. Paradoxically,
mafiy new residents cite environmental quality as a primary reason
-for their selection of southeastern North Carolina~as a-home.
The administrative offices~of New Hanover County have
. carefully considered the impacts of development on estuarine
.resources, however, .the, lack, of data concerning the role of
natural processes in the county's estuarine waters and the
effects of some development practices on estuarine environments
has made the task of maintaining undefiled estuarine environments
difficult.
~' Many ,county citizens including government and business
leaders, conservationists, and scientists are concerned that
unless sound scientific data can be collected to serve as a basis
for informed decisions, the future productivity and aesthetics of
the estuarine .waters will be compromised.
The University of North Carolina at Wilmington, through the
Center for Marine Sciences Research (CMSR) proposes the third
year of a four-year study that focuses on developing an
understanding of water quality in the major estuarine creeks of
New Hanover County. This proposal provides the opportunity for
New Hanover County, North Carolina"state environmental agencies
and the Northeast New Hanover Conservancy to cooperate and share
resources and information to respond"to the rapid population.
growth of the county.
We are pleased to report that-this study has already yielded
results and data leading to management plans. These are
summarized below.
" 2 14.7
"
EXHIBIT "A"
`''•~ PROGRESS TO DATE~AND'``MANAGEMENT IMPLLCATIONS~
.,
UNCW studies have provided.-important data concerning Futch
Creek water quality and areas of,: pol,lu"tion'. Based on these data,
and subsequent investigations of sources by Shellfish Sanitation,
the dredging of the bar at the .mouth .of Futch Creek has become a
reality. UNCW is continuing to monitor the effects of dredging
on Futch Creek water quality and intends to continue this next
year assuming funding continues. This effort has already spawned
discussion of another University/government/private concern
pollution mitigation, effort., County ,and UNCW personnel have
recently met with Landfal representatives to discuss-a-created- _
wetlands pollution:miti,gaton project along'the~,s'outh~~shore of
Howe. Creek: - A ;site on;,.,Hewletts ,Creek is also being proposed ~ for
constructed wetlands. ,Water quality sampling by UNCW personnel- -
wi,ll :"evaluate the effectiveness ;of 'these projects. TYiese are tYie
type of ~scien.ce--based,-~-cooperative management-;oriented effor~ts~~we
hope will continue to :evolve ,iri the future.' - - -
., ~ _ f .
. =- _
p g. far .yielded data describing;
Our.sam tin efforts have thus ~~~
,_.. -
where. ollutant "hot spots" are located in Howe,`-Hewletts, Futch,"- :'-,J
p
anti:Pages ,;Creeks, We ..are ..also aearning how seasonal changes
affect wa~ter~ quality parameters. `Our 'tidal' studies have provided,.
us with valuable information on change's in fecal"~coliforms,
nutrients, and chlorophyll-over tidal cycles-information that is
new to :the;,.s~cientific,literature.` ,.We have already submitted two
articles to,'s•cientific,,jqurnals describing these results. We are
also compiling information-,.on how .rain ,events "affect ~pollutant~'` "
runof~f-.-and tdal~creek water quality; ..and we have :described'the•~"
effectiveness. of wet detention ponds rn .reducing pollution to r
receiving waters. Finally,~~we~are`coritinuing to compile
information on how creek water quality affects shellfish growth '-
and abundance.:. O.ur intent:. is to-,continue these studies until
each creek is, fully .char,acteri~zed, use thesedata as a• basis 'for
speci"a'1investigations, . and rprovde a sound foundation."for -
.. ,
management.-related activities ~ ~ ._ ~.'
Scope of Work
Scientists associated with the..Center.for Marine Sciences.
Research will conduct a:_study -of the- physical, chemical and- '
biotic aspects.:of water quality. of five major: tidal'; creeks next` ' `
to the Atlantic I-ntr•acoastal. "Waterway,. namely, Futch, Howe,"
Bradt-ey, Pages, .and':Hewletts; Creeks. Two major foci.. of .the study
include: _ .. - _ - -
1. Physical, chemical and biotic description ,of `the cre.ek`_s,
2. P.nalysis. of~. similarities and: differences in creek..,:
parameters w . _- a, µ . -
14 8 3~-
. - EXHIBIT "A"
D
~~ ~ and biotic descri lion of the creeks
The physical, chemical P
will be conducted from 1993-1997 with each calendar ,year
providing a framework for collection of baseline physical,
- chemical and biotic data for the creeks under study. ~ The first
year we studied two creeks (Howe and Hewletts) intensively while
conducting basic monitoring in the other three. TYie second year
~. Futch and Pages Creeks were studied intensively. Permanent study
sites will be established in'-each creek for standardized
comparison of data collected between different years.- This
approach will allow the systematic study of the tidal creeks yet
-° remain within the defined limits of people and fiscal resources.
- As this work progresses, the scientists will focus on assessing
the similarities and differences among the creeks studied and
assess the effectiveness of current management guidelines:
Emphasis will be placed on practical, management oriented
research that can help maximize the usability of the creeks for
county residents. `
Beyond these two general approaches to the study, we will
periodically conduct narrow, focused research while collecting
the general creek data. These studies will address specific
scientific questions or management problems related to tidal
creeks with~an objective of providing an answer to a question or
seeking an appropriate solution to a perceived problem. We will
propose these studies annually based on need and the interest of
the county's environmental managers, the scientists involved, and
nonprofit environmental organizations.
During the third year of this research activity, Futch and
~' Bradley Creeks will be studied intensively by all-the scientists.
- The annual objectives described below will be achieved for these
two creeks. In successive years, the researchers will. focus on
the other creeks in an order agree to by all parties.
Objectives for Description of Creeks
1. Describe the physical setting of the tidal creek, including
elevations, size, bathymetry, drainage basin area, tidal
range and variations, and water volume measurements at high
and low tides. Characterize the physical environments of
the tidal creek and adjacent environments (wetlands, uplands
and waters). Describe the historic and current patterns of
development within and next to the creek. Estimate changes
in the size, shape, volume and shoreline position using
various curves for sea level rise. (data as available will
be provided by .the County).
2. Determine the pattern of temperature, salinity, dissolved
oxygen, nutrients and chlorophyll variations over tidal
cycles, .seasons and rainfall events.. (annually for all
creeks)
4 149
EXHIBIT "A"
3. Determne.coliform bacterial levels in creek waters.;
Identify.~the source of ,the, coliforms. (human or .nonhuman.
sources) . ••(fir-s•t year - Howe, and Hewletts ..Creeks,. second
'years - Futch and Pages Creeks, third year - Futch~ and ,
., 'Bradley _Creeks)
4 ~ d _.
Measure the.levea_of selected organophosphorus_ an ~ • ~-
organochlorine~pesticides in aqueous and ,biotic.(oyster)
,
tissue,, as, weal as ,selected. metals..-.in sediment,, samples., ,
' : (annualay for all • creeks) __ • `
... _ - ~,
5. Determine-the distribution, diversity a~nd,_quaritity of the
benthic,fauna, primarily.-,bivalve.species~as. b.io-:indicators'
of po,l.lution.,levels. (one time. per. creek for-all .creeks)
6. •Continue to c,onduct~sampling to ,determine.t•he effect of .sand
bar removal on the chemistry and biota of Futch Creek.'„~
Management Objectives _
1. Determine how the .dredging M1at the mouth ~o:f. Futch ,Creek ~ has ~.
~ affected water quality in Futch Creek (as measured by fecal.
colifo,rms,.nutrients; chlorophyll,, heavy metals, ,.arid ("
physical parameters):. ~ ~ _ ~, LJ
2 . r Analyze the data x collected for the tidal creeks,•- as ess the ~ .
environmental health of each creek. and identify locations of
heavy pollution input.
. ~, •, ~,:
3. Compare and contrast the :creeks in respect to the physical,
chemical and biotic factors measured. Explain.,sim~ilarities
:and .differences observed among the creeks. and re•late:to~
strategies for: creek management. ,
4. Prepare recommendations for short- and long-term management
of New Hanover County's creeks.
Studies and MethodoFogies ,
Fecal~coliform pollution ~ ~ ._ ,~.
Th•e~bacterial strain, E. coli, has traditionally: been, used
as the indicator'strairi .for fecal .pollution.. It is well suited
for this-task as it. is.the-predominant aerobic, bacterium in: human
feces` :(an average person excretes between 'two -and 200. bill,ion• E.
coli per day) and has unique taxonomic traits that.readily-
distinguish it from most other bacteria. Exploitation of these
unique .traits allows rapid -.:identification :af- E. .cola and is ..the
basis of most techn`~ques _that measure bacteriological water
quality.' Unfortunately':some soil bacteria resemble E. coli c,an
suggest fecal contamination where none exists. E. coli and these
150 5 ~
EXHIBIT "A"
v
-taxonomically related soil bacteria are termed coliforms.
Coliform counts were the traditional water quality measures.
With improving technology, better estimates of E. coli counts.
could be made with less interference from soil bacteria. These
improved counts were termed fecal colform counts and although
measured by different techniques, is the standard used by all the
~, agencies in the State of North Carolina (APHA 1980).
Recently the United States EPA has put forward a new
bacteriological water quality test (u.S. EPA 1985, 1986). This
technique claims to give just E. coli counts, eliminating any
other bacteria that may cloud results. This study will use both
techniques to estimate the water quality of Futch and Pages
Creeks; the mTEC, a new EPA procedure, and mFC technique used by
~ the N.C. Department of Environmental Management.
The objective of this study is to carefully sample sites so
as to (1) try to identify areas with high counts which may
indicate pollution sources and (2) detect the effect. of rain
runoff and tide on bacterial counts. The first objective will be
met by first establishing survey data for the entire creek and
then using-this data to pick new sampling stations which surround
po ential pollution sources. Samples will be collected at time
in~ervals before, during and after rain events and tidal cycles
to achieve objective 2. All samples will be collected in sterile
glass bottles, iced, transported. to the laboratory and analyzed
immediately upon arrival (usually within 4 hours of collection).
The utilization of the two enumeration techniques should give
more reliable counts and comparison of the techniques will serve
as an internal control. - -
References Cited
American-Public Health Association. 1980... Standard methods for
the examination of water and wastewater, 15th ed. American
Public Health Association, Inc. Washington, D.C.
United States Environmental Protection Agency. 1985. Test
methods for Escherichia coli and enterococci in water by
membrane filter procedure. EPA 6.00/4-85/076. Cincinnati,
Ohio. '
United States Environmental Protection Agency. 1986. Ambient
water quality criteria for bacteria - 1986. EPA 4=40/5-84-..
002. Washington. D.C.
Distribution of Benthic Fauna
Benthic fauna have become recognized as an important
indicator of long-term environmental conditions. Unlike many
chemical measures of water quality, which may_vary significantly
6 151
~'~ EXHIBIT "A"
over short time"perods•; infauna'l abtndances'size, and species:
composition often reflect average cond=itions over a. period of
months: This reflects the fact that many infauna are relatively ~~
long-rived and~fave--behavioral mechanisms to withstand short-term.:-
dramatic LL-changes` inoverlying water e'ondit-ions '(such as salin-ty. --
changes, chemical~inputs,`or anoxia).'' The type and sizes of "~
infauna present are strongly affected by a variety of physical
factors and fhe U.S.' Environmental Protection. Agency. now uses. the,
presence or absence of many benthc--~ species as""-assays of -- .-~ : .
environmental•conditions. Of particular interest to U.S. EPA~are 4~
bivalves',`~amphipods, and selected polychaete species. The. t~
importance~of berithos'in assessing enw:ironmentah.quality and
trends~is•also recognized in the North Carolina Department of_.
Environment, Health, and~Natural Resources ,'rD`ivision.of -..
Environmental Managements Benthic Monitoring Program.
..
We . ro ose' to continue "our •sampling of clampopulations' i~n 4 _ -
p P
tidal creeks durng~Fall•1995 and then to experimentally~exainine
clam growth in• two of the creeks- during Spring 1996. ~ W;e have. now
conducted"two' years of fall `sampling "in` the• upper~•arid. lower:- .
reaches of 4 New Hanover Cburity. creeks (Bradley, Hewletts, Pages, :•
Hoge, and, in"~1994, Futch) : ~ This sampling suggests-.'some -- '
differences among creeks in bivalve species composition ~.~ ~~ f'~
(especially between Bradley~Creek and other creeks).as''well a5 (~
major`-differences between upper and ]sower creek sites. A third=~
year • of sampling • is 'needed because- we dbserved. interarinual
variations in some patterns between 1994 and 1995.. An additional''
1-2 `years of`sampling~will.help to separate long-term patterns.-
.from those that may change from year to year:;The sampling-~ -•
protocol for this additional fall will be the same as in previous
years, involving excavations of replicate lm X lm quadrats at _
permanent sites within each creek. We will continue to emphasize
Futch Creek sampling as well,. because of the dredging, activities.
During the past'2`.years, our spring sampling:. has involved
intensive clam quadrat samples in only one creek. During Spring
1996, we•propose.to redirect our efforts 'by experimentally ""
examining clam growth in two creeks that represent the extremes
"of -eutrophicati`on: "~•Bradley Creek" and Pages Cr.eek.` Growth of
organisms can be an important sublethal indicator of •'
environmental stress and may have fisheries implications with
respect to 4.time to harvestable size and eeologcal.implicatons _
related to re~pr.oductive '-potential :a-nd.•vulnerability Ito stress and
predators. Differences in clam growth may ,be expected .if
increased eutrophication is associated with greater primary
productivity or if the creeks differ~in water column sediment:;,
load. We plan to place juvenile hard clams, Mercenaria
mercenaria, in~the-upper and lower reaches of each creek., The
clams wial be ,l-2; mm i~n size_,and will be ;obtained .fr.om a-, local- -~ •
hatchery to, ~nsure•• similar stock type,-, -They will be placed in ,.
.the field in March 1996 in 8 cm X 8 cm containers with a mesh top ~•-~
that allows feeding by the clams but prevents predation on them
152
-- •
EXHIBIT "A"
,~
crabs•or fish. The containers will have 2 cm of sediment to
by
allow burrowing by the clams. Twelve containers will be placed
at each site in each creek (48 total containers) with 10 clams
per container. Three containers will be recovered from each site
after 1 month, three additional containers from each site after 2
months, and the remaining containers recovered from each site
~~. after 3 months. Clams will be recovered from the containers by~
sieving and sizes recorded as length and width. Previous studies
of clam growth have indicated that significant.growth can be
observed after only a few weeks.
Toxicity Analysis
f We will continue to analyze ,sediment samples from the tidal
,creeks for the presence of heavy metals (Cu, Pb, Hg, Sn, and Cd).
The heavy metal analysis will be~performed using an atomic
absorption. spectrophotometer.. Accepted EPA procedures will be
followed. .Four replicate sediment samples will be collected at
each sampling location.
We will initiate toxicity analysis as well, using the newly
acquired Macrobiotics Microtax System. This analysis, especially
if it~can be correlated with biological analyses, should give us
additional information on the health of the tidal creeks.
Temperature, Salinity. Dissolved Oxygen, Water Clarity, and Water Quality
Temperature, salinity, dissolved oxygen and turbidity will
be measured on a regular monthly basis and immediately following
events such as hurricanes or northeasterns. Specific sites in
all creeks will be selected so that they correspond with other
studies in this project.
The temperature and salinity data will be collected using a
YSI portable unit; and dissolved oxygen data will be collected
using a YS,L portable meter; and the water clarity data will be
collected using a secchi disc and a turbidity meter. Certain
discrete samples may at times be brought back to the lab for
analysis.
Samples will also be collected for .analysis of chlorophyll
a, a measure of phytoplankton biomass. Inorganic nutrients
(nitrate and orthophosphate) will also be sampled to investigate
anthropogenic loading of pollutants.
These data will compliment and support many~of the other
studies set forth in this project. These data also are necessary
to characterize the estuary which will allow comparison with
other areas both in North Carolina and beyond.
e
8
153
e
EXHIBIT "A"
EFFE-CTS~"OF' NUTRIENT LOADING IN NEW HANOV~ER COUNTY TIDAL
- ~ .CREEKS ".. _
<. ~ '~ Principals Lnvestigator: Dr. Lawrence Cahoon
Introduction i ~ . * R _ 1 - ..
Nutrient loading is 'one-~of several anthropogenic impacts on"
estuarine ecosystems that can alter ttie~ir function and reduce
their value. Excess nitrogen and phosphorus can stimulate
excessive plant growth or favor undesirable plant species. i '~`
J -
' tDetection of`~nutrient'loading s~desirable, in part to ~~'
assess the likely' effec"ts to' estuarine ecosystems, ~ but also to
assess the eff'ectiveness~'of existing management strategies.
However; riutrients~ such' as nitrate and phosphate, are difficult
to detect directly because they are usually taken'•up-from -
solution by plants very rapidly. Consequently, most of the
nutrients=available in~=an• estuarine ecosystem area in some' other,
leis easily -detectable form and ~are~ recycled rapidly: Our `'~ .
studes~have.also shown tfiat~nutrents will enter the `tidal
creeks in pulses` associated with--rain events. ~~ - '~-. ~ -
Our studies~~.of~. €he East y..ear" examined several .measures -,of ..
nutrient loading in Pages and Futch Creeks. We conducted studies
of sediment conterits"of phosphoru's~.a~principal plant~.'nutrient,
and..organi.c.carbon,~expectng"a higher"ratio: of phosphorus:carbon '
in Futch-Creek,. 'which;°'is considered more heavily loaded than .
Pages:Cre'ek.. This ..relationship did not show up iri'our'-data, nor
did we see an expected positive correlation between sediment
phosphorus and organic carbon content. Consequently we do not
view. this , as a .usefual measure ~of `nutr"ient loading. - .i - .
The .;other measures 'we used all showed value as • indicators of
nutrient.:loading,:.however:. A study ~of the biomass and species
composition :of, ma"cro.algae in thee. two. creeks during the cold ' ' "
months, when grazers are not present and cold temperatures limit
phytoplankton growth, showed that Futch Creek supported,a higher
growthrate by benthic macroa-lgae and: an assemblage with more
pollution-tolerant-species-than.rin Pages. Creek .. Bioassay stuidies
of benthi,c_ .-microalgae , and'.phytoplankton both,: showed that ° Futch
Creek was more heavily impacted than. Pages Creek. Furthermore,
we found clear evidence of silicate .limitation of both
phytoplankton:and microalgal growth in some experiments. This~is
a key_result,,indscating that.anthropogenic ~itrogen'and-
phosphorus.-loadings~to Futch Creek have"be'come high enough to
yield significant effects on.the~'species composition of the`
primary producer assemblage, with potentially-great effects on
the estuarine food chain. We also have collected data on
154 9
EXHTRT'P "A"
a
"-"' salinity, temperature, pH, and dissolved oxygen in Futch Creek on
an intensive basis since February 2, 1995. Consequently, we are
now poised to conduct studies that will. look for the effects of
nutrient loading on the primary producer assemblage, quantify the
effects of rain events on nutrient loading and other properties
of the two creek ecosystems, and evaluate the effectiveness of
the dredging project at the mouth .of Futch Creek as a way to
increase the flushing of that creek and reduce the impact of
nutrient loading.
I propose to conduct four studies in Futch and Page's Creeks
in the coming year: 1) repeat the phytoplankton bioassay
experiments to determine overall nutrient loading patterns in the
two creeks; 2) repeat the macroalgal biomass and species
composition study to see if dredging has improved .conditions in
Futch Creek;- 3) sample water quality intensively in both Futch
and Page's Creek to look at the short-term responses of the
creeks to examine the hypothesis that nutrient loading has driven
an alteration of the nitrogen+phosphorus to silicate ratio
sufficient to affect the primary producer communities.
Me hods .
The first measure of nutrient loading will be responses of
phytoplankton to nutrient deletion (all macronutrients but the
one of interest added). These experiments are conducted under
simulated in situ conditions using floating racks holding 1 or 4
liter polyethylene bags with the appropriate treatments (+N+P,
+N+Si, +P+Si, +N+P+Si, and no added nutrients) replicated five
times. Phytoplankton responses will be assessed as changes in
chlorophyll a content over time.
The second measure of nutrient loading will be measures of
the biomass and determination of the taxonomic composition of
macroalgae growing on experimental hard substrates of uniform
size and texture deployed during the winter months (December-
April). Rachel Hartwell's Honors Thesis work in 1994-1995 showed
that Futch Creek supported. higher growth rates and a more
pollution-tolerant assemblage of benthic macroalgae than Page's
Creek. We will repeat this study, in part as a means of
evaluating the effectiveness of the dredging project in Futch
Creek.
We will sample water quality intensively by deploying a YSI
multi-parameter water quality monitor and an ISCO automated
sequential water sampler in each creek. The YSI units will log
data on temperature, salinity, pH, dissolved oxygen, and
turbidity at half hour intervals. The ISCO samplers will collect
water samples every half hour when triggered by rainfall. These
samples will be analyzed for total nitrogen and total phosphorus.
The samplers will be deployed at the Lee's dock at Futch Creek.
10 155..
EXHIBIT "A"
and the,"Taylor's dock at Pages Creek (assuming prior permission;
we have deployed instruments and"experiments from thesedocks
before). We will be able to examine the responses of the creeks-
to rainfall events in terms of .salinity,- turbidity, bO, nutrient
content, and, by calculation using pH and salinity data, whole-
system production and respiration. We expect to find that these
systems .respond rapidly, to rain events, and that because they are
flushed rather well by tidal action,'will display a• strongly
damped rain event 'signal within one or two tidal cycles after a~
rain event, meaning that sampling for rainfall effects must be
prompt or. the signals are likely to be missed. We think this is
one reason why we are,otherwis~e unable to pin down major sources
of pollutants to the creeks:
The final effort will be to -examine the effectsj- of high
nitrogen+phosphorus to silicate ratios on the"primary producer
community. We will focus on two assemblages'in'part'icular, the '
benthic mcroalgae and the marsh grass Spartina. We will` test
the hypothesis that nutrient loading depletes the biogenic si~lca
content of sediments;"favoring non-diatom benthic m~icroalgae.
This hypothesis will be addressed by field sampling for benthic
microalgae, analysis of their taxonomy by microscopy and HPLC,
measurement of biogenic silica vs. benthic microalgal biomas's at
various field sites in the two creeks, and lab experiments in
which we manipulate,nutrien't ratios and examine taxonomic'
responses. We will also test the hypothesis that'`nutrient
loading causes reduced si"licacontent i~n' Spartina~ ~by• measuring
biogenic silica contents'of Spartina"pl•a~nts in loaded
environments i.e:;`~Futch Creek h°eadwaters, and less-heavily
impacted environments; i:~e., mouths'of creeks.
Study Products
1. A series of"maps depicting the drainage basin, bathymetry, ,
and wetland types will be prepared. Overlap maps showing
tidal ranges, temperature, salinity. and turbidity,., These
data could be entered into the New. Hanover County ARC/INFO
GIS system.-
2. Reports describing the distribution of coliform bacteria;
levels of nutrients, chlorophyll, organophosphorus
pesticid"es; and diversity of benthic fauna will be prepared..
3. Based on the results of the four year-long study, specific
management guidelines for maintaining or enhancing
environmental'quality of the tidal creeks will be furnished:
4. A. separate report .describing the results and`interpretatons ~
of -the specialfocused study will be presented.
.;
156 ~1.
EXHIBIT "A" ~j
u
'metable
Ti
The individual creek study will, begin no later than 30 days
after this agreement is signed and continue for 12 months. Data.
will be collected at intervals determined by the principal
investigators. Quarterly progress reports will be circulated to
~_ all parties and an annual report will be prepared by the project
director and submitted to the funding agencies no later than 14
months following the start of the study.
Principaf Jnvestigators
The science team. is an interdisciplinary team of researchers
l from the University of North Carolina at Wilmington associated
with the Center .for Marine Science Research. The study will be
coordinated by Dr. James F. Merritt, Director, Center for Marine
Science Research.
J `
Total Coliform Costs .........................$ 9929.00
Chemical and Physical Data Sampling, Coliform Sampling and,
Coordination (Dr. Mallin)
Temp Research Assistant (12 months) ...............$ 15000.00
. Fringe ................................... ..$ 4050.00
Chemicals and Supplies ............................$ 300.00
Services (publication of Annual Report)...........$ 700.00
Travel ............................................$ 200.00
Total Chemical Sampling Costs ................$ 20250.00
158
BUDGET t,
1995-96 (12 months)
..
Pesticides and'•Heavy-Metal Sampling (Dr. Manock)~' ~~ -
,: -
Personnel ~ ~ `.~
Undergraduate Wages- ~ ~ . .
at $6:00/hr for 300 'hrs......:...~ ....$ 1800•:00
Fringe 1~ on student...~..........~~.......$ 18.00
Supplies ....................................:.....$._..9.82.D0.-.
- ~ ~ Total Pesticide Costs...-.: ~ ..... ............: $ 2~80~0. 00
. ..
4. ~ r " '1
BenthicSampling ' (Dr. Posey) -. _ ..
Personnel
Research Assistant ...........................$ 3000.00
Fringe (9~) .............................$ 270.00
~ Miscellaneous Supplies ............................$ 452.00
Total Benthic Costs............ ............$ 3722.00
Coliform Studies (Dr. Sizemore and others)
Graduate Research Assistant (12 months)...........$ 9336.00
Fringe .......................................$ 93.00
Supplies ..........................................$ 500.00
13~, _
EXHIBIT "A"
~
~
-~
Special Study Focus (Dr. Cahoon)
'
~, Student Salaries. ~ .
•. $ 1900.00
Fringe .................................
.... $ 19.00
~ Travel ................................ .......... $ 80.00
,
_
'~
Supplies .................. ... ........ .......
$
1300.00
Total Special Focus Costs .................... $ .3299.00
Total Budget Summary .
Total Salaries; Wages, and Fringe........ ....... $ 35486.00
Services....... ........ ................. .`. .. $ 700,.00
Supplies ............................:............. $ 3534.00
Travel. ........................................
•• .
$
280.00
Total Costs ................. ........ ...... $ 40000.00
` - .
14 159
-
~' ~ ~ ~~
EXHIBIT "A"
RESEARCH AGREEMENT - '
University of North Carolina at Wilmington
`{ ...
and
- ~ ~ ~ New Hanover County '
and
' '' Northeast Nerv'Hanover Conservancy, Inc. `
,.,
1. Background. The tidal creeks of New Hanover County are being directly and indirectly
impacted by the substantial growth in suburban development occurring in recent years.
The lack of data concerning the role of natural processes in the county's estuarine waters
and, the ,effects of some development., practices on estuarine. environments has made- the
` task of maintaining undefiled estuarine environments difficult. 'Many county citizens
. ,, including government and business leaders, conservationists, and scientists. are concerned
that unless sound scientific data can be collected to serve as a basis for informed decisions,
~; ~ . the future productivity and aesthetics of the estuarine•waters will be compromised'. To
begin to gather sound scientific data to address this issue, the University of North Carolina
at Wilmington, New Hanover County,' the Northeast New Hanover' Conservancy, Inc.
• ~ . (subsequently the Conservancy) and the North Carolina Division of Environmental
Management agree to work together to carry out The New Hanover County Tidal Creek
Analysis Program.-
2. Project Supervision. The Project Director for this activity for UNGW will be Dr. James
Merritt (Center for Marine Science Research, 7205 Wrightsville Avenue, Wilmington, NC
28403). The Coordinator of activities for the Conservancy will be Paul Foster and the
Coordinator for New Hanover County will be Patrick Lowe. Rick Shriver of the NC
Division of Environmental Management will also participate. Changes in these
assignments must be approved by all parties to this agreement.
3. Scope of Work. UNCW shall achieve the objectives outlined in the attached Scope of
Work. The Conservancy will assist UNCW in arranging for access to appropriate creeks
and assume liaison responsibilities with volunteer participation.
4. Period of Program. The work covered by this agreement shall begin August 1, 1995 and
shall terminate July 31, 1996. Future phases will be negotiated for respective creeks on an
annual basis.
5. Duties of UNCW. UNCW shall furnish the necessary personnel and other appropriate
support necessary to accomplish objectives of this agreement. All fiscal records shall be
retained for a period of 24 months aRer the termination or completion of this project and
shall be available to agents of the Conservancy and the County. A report summarizing the
data collected and the conclusions of the project will be submitted to the Conservancy,
New Hanover County, and the Division of Environmental Management by October 31,
1996. Monthly progress updates with brief quarterly reports will be made available to
', ~ ~s ist in identification of pollution types and;sources.
EXHIBIT "A"
U
1
1
9
1
B
0
a
a
a
0
U
n
A
8
6. Fiscal Arrangements. The total costs, including indirect costs, shall not exceed $20,000
or the Conservancy and $20,000 for New Hanover County... The University will provide
additional funds to cover remaining costs. The Conservancy and County will provide the
funds according to a mutually agreed upon schedule following approval of the agreement.
7. Right to Publish. UNCW reserves the right to publish the results of the study in another
format.
8. Termination. Either party may terminate this agreement upon four {4) weeks written .
notice, in which case allowable costs shall be limited from receipt of said notice to those
costs associated with the orderly conclusion of work.
FOR THE UNIVERSITY OF NORTH CAROLLYA AT WILIti~IINGTON
Research Administration
i
Date
Project Director ~ Date
FOR THE NORTHEAST NEW HANOVER CONSERVANCY
Paul Foster, President
Paula Bushardt, Secretary-Treasurer
FOR NEW HANOVER COUNTY
County Manger
_ \
Assistant Planning Dirett.K~
Date
Date
Date
Date
EXHIBIT "A"
,;
This page intentionally left blank
f :. ~{ ~ . .
162 ~~ - ._ _._; .
A
REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Zegular Item #: Consent Item #: 5 ~ Additional Item #:
department: Governing Body Presenter: Lucie F. Harrell
'age Count In Agenda Package:
SUB.TECT:
Road Additions to the State Highway System
B-RIFF SUMMARY: '
Reso,lution(s) requesting NCDOT to add the following road(s) to the State Highway System:
Roads in River Oaks. Subdivision
Wedgefield Drive of Crosswind South Subdivision
Roads in Dawning Creek and Whispering Pines Subdivisions
Roads in Wendover North, Willow Brook, & 3acobs Run Subdivisions
Buck Drive and Carolyn Hill Road lDcte-kd'• S~-t~ ~4s)
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt SR-2 Resolutions; copies of SR-1 Petitions attached.
Federal S: State S: County S: User Fees S: Other S:
Money Is In Current Budget: New Appropriation Request:
[3udget Amendment Prepared:
FUNDING SOURCE:
REVIEWED BY: '
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGER' COMMENTS AND EC MMENDATI N .
--' Recommend adoption of SR-2 Resolutions.
~. ~ \
~. PRA
CQU~TY ~~~4~6~6~~~~~R ._
163
Refer to Office Vision E3ulletin IIoard for Disposition
-----,
. "_ NORTH` CAROLINA STATE OfPARTMENT~'OF TRANSPORTATION
OIVISTON OF HIGHWAYS PETITION ~ '`
__
North Carolina
N~~- -. _ _ _ .._.. _ . _ _ . ,_~ _. - - -._, .__. .. _ . ..
County of; ,-~rnrel. ..
Petition request for '(che'ck one) Addition to State System {X) ~~r~~.' .
Paving ( ) _ ,: ~::
'- ~ ~~~ ~- ~ Maintenance Improvement (--) ~ ~ ~ I f
We the under~si gned, being property owners-. on ~W~,\\,o~ W ~ .
S~G~Irn-~ ]~ pT (Z;ve,~o0.ks Describe or give local name or
Secon ary Roa Number in ~ lew • ~~~.rnte-~-- County do hereby request the
Division of Highways of the Department of Transportation to ,-v~;.~~,~ .
the above-described road.., ;_,° - . ~ • _ ~ ,.
We further advise that the road requested to Y,-,a,:r,~.r i,s Y C mi 1es
in length and at the present time there are ~ occupie'd-homes`Located=on'
the road and having entrances into the road.."
. .. :,
Finally, we agree to dedicate to the .Division of Hi ghways a,. ri ght-of.=way of
the necessary width to construct the ro,ad: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 purposed.and to execute sai:d~ri~:ght-of-way agreement
forms that will be submitted to us byreprese.ntatives of,the Diviaion o;f H%ghways'f.
S
REMARK
Four copies of recorded subdivision plat enclosed if applicable
PROPERTY OWNERS
., . _ .•
NAME MAILING ADDRESS TELEPHONE
,. ,vj
The Division of Hi ghways~should~contact the first petitioner lisied below:' '` '
_ ~ - t ;.
~x
o G~~~
Revised rm SR-1 (5-83) All previous:~forms.;obsolete ,
NORTH CAROLINA STATE DEPARTMENT Of TRANSPORTATION
DIVISION OF HI WAYS PETITION
~: ~ 2 ~~
North Carolina /
County of ~~~,J ~~/~UF1~
~' Petition request for (check one) Addition to State System ((/~
Paving ( )
Maintenance Improvement ( )
~~~
We the undersign being pro erty owners on {l Ql
~ G- t Describe or give local name or
Secon ary a Number ~n ,4 County do h reby request. t
-- Division of Highways of the Department of Transportation to d~-~o
the above-described road.
We further advise that the road requested to dd, is'
ate'?S~~ j(
in length-and at the present time there ar.e ~.~~~, ~ occupied homes located on
the road and. having entrances into the road.
Finally, we agree to dedicate to the Division of Highways a right-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
TELEPHONE
The Division of Highways should contact the first petitioner listed below:
c
~1«1_~~r9m rl (~~~~ ~i2 ~v 777 ('d0 ~~ i,~ rI .Qn.r~, i ~r ~~f'~G
-.~~.:J~
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,~~ ~_ ~
-~ Revised Form SR-1 (5-83) All previous forms obsolete
1
'~ia"j1
=?73~
NORTH CAROLINA STATE'OE~PARTNENT OF TRANSPORTATION AND HIGHWAY SAFETY
DIVISION OF...HIGFiWAYS PETITION
..
North Carolina -
County of New Hanover _.t
Petition .request for (check one) Addition-to State System (x~ Paving ( )
i Maintenance Improvement ( )
"~ ..
We the unders~i°gned being all of the property owners on ~ , . ~~.~`
Dawning Creek Phase' I'I &, Whispering ,Pines secton~.5, ~(DeSCrI e. or_.g~ve ocal
name or Secon ary oa Num er ~n yew County do hereby request-~
the Division of Highways of the Department or ransportation and Highway Safety to
_ , . ..
add'to.state.system the .above described road. ~ ~ "
We further advise that the road requested to ' add ` is - '~ ° miles ~in
length and at the present time there ar.e occup~e omes: ocated on the
road and having entrances into th,e road ~ ', ~ '
.. - .~. ,
Finally, '.we .agree to dedicate to~,: the Division of H'ighways~ a right-,of t,ray~
sixty (¢0) feet in width;extending the entire'length bf the road.~tfiat ~s r.e;uested;
to be improved along~,with~ the .'necessary.~areas for cut and fll,~~ slopes and. d`ranage..
Also we agree to. dedicate additional, r..;i.ght-of-way, in' the public: road i.ntersectons.; ,
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
in order that the Division of Highways fulfill,the requirements of Chapter 1244,
1959 Session of the General Assembly of Nortfi~Carolina.
:. ~ . ,:. - ., ~k REMARKS. - . ,.
Two copies of recorded subdivisi-on_plat enclosed if applicable. __ _ '
" ~ PROPERTY OWNERS - , _
.~ NAME ADDRESS k
The Division of Highways shou-ld contact the first petitioner listed, below: .
Terry Turner P 0 Box 4517 Wilmington N C 28406 "i95-4n(l~,
Revise orm SR - 1 (7 - 73) .All prev.i;ous forms :obsolete „~ r ~.. ;
Al~~ 0 8 95 '
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION AND HIGHWAY SAFETY
• DIVISION OF HIGHWAYS PETITION
North Carolina
COUnty Of New Hanover
Petition request for (check one) Addition to State System ( ~ Paving ( )
~ ~ Maintenance Improvement ( )
We the undersigned, being all of the property owners on wendover North Subd.
Willow Brook, Jacob's Run F (Descry e or give OCaI
name or Secon ary I~oa Number ~n etJ County do hereby request
the Division of Highways of the Department o ransportation and Highway Safety to
the above described road.
We~,further advise that the road requested to add is - miles in
length and at the present time there are ~ occup~e omes' ocated on the
road and having entrances into the road.
Finally, we agree to dedicate to the Division of Highways. a right-of-ti,ray
sixty (~0) feet in width extending the entire length of .the road that is re;uested
to be improved along with the necessary areas 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
in order. that the Division~ofHighways fulfill the requirements of Chapter 1244,
7959 Session of the General Assembay of~Nor.th Carolina. .
REMARKS
Two copies of recorded~.subdivision plat enclosed if applicable '
Wendover North section 1,2,3 / Willow Brook section'1,2,3 / Emerald'Forest section
1 /~ /'i / Tannh' c R,m 1 /7
PROPERTY OWNERS
NAME _ ~~ ' ADDRESS
The Division of Highways should contact. the first petitioner listed below:
Leon Skinner, TWA Developers 301-A North -Green MPado~•rs Tlr;va ta;Tr,;nornn_A? C, 2840
I~il~si;,!J!,~:f~~~;
~..
Al-~ 0 95
Revised Form SR~- 1 (7 - 73) All previous forms obsolete
. C: .,. .,.:.:.
0
VA i
R
~qY OF
E'__.
~~
' i
169
• NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
DZVISTON OF HIGHWAYS PETITION
.North Carolina
County o f ~~~..,~ /-~/~a~y i! ~'R-~
Petition request for (check one)
Addition to State System (~
Paving ( )
Maintenance Improvement ( )
We the undersigned, being property owners on ~u ciL 17P_~vc= ~ C~ O~~ ~ ~~L
,~;~,~ ~ ___ Describe or give local name or
Secondary Road Number i n ~ ~;'ou ~•~~ . County do hereby request the
Division of Highways of the Department of Transportation to"` ~ ~p ~t.,.:.
the above-described road. ~n ~oc~ -
We further advise that~the road requested,to ~ a~ is 3~ mires
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 a right-of-way 'of
the necessary width to construct tfie 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'is1requested 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 dedi cane ~~addi ti onal~ ri git-of-way i n the :}~publ.i'c road i ntersecti ons 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 ~ ~' '
`~, i r
.. y } r 7
Four copies of recorded subdivision plat .enclosed i f appl i cabl e
t
' ~~ - ~P,ROPERTY OWNERS
i r - ''~ i~
NAME MAILING~ADDRESS ~ TELEPHONE u
The Division of~Highways should~con~tact the.. .first petitioner listed below: -
• 9ia-G7;;-S/~3
S~/~%;
. ~,~
:_
,-
~~ 1
~ ~J
Revised Form SR-1 (5-83) All previous forms obsolete
. +`+t t
REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Zegular Item #: Consent Item #: 6 Additional Item #:
Department: Library ~ Presenter:
?age Count In Agenda Package: Contact: David Paynter .
SU I3.TT;CT:
State Aid to Public Libraries
I3RIrF SUMMARY: ,
The New Hanover County Public Library will receive $137,462 in state funds to assi t in providing public
library service to New Hanover County residents. To qualify for these grants New Hanover County must
maintain its current-level of library support and an annual application must be submitted.
RrCOMMrNDrD MOTION AND RFOUT~'STCD ACTIONS•
Approve application for State Aid to Public Libraries for fiscal 1995/96. This money {$137,462) has been
budgeted as anticipated income for 1995/96. ,
rUNDiNG SOURCr:
~cdcral $: State $: 137,462 County S: User Fces $: Other S:
vToncy Is In Current I3udgct: Ycs ~ New Appropriation Request: No '
3udgct Amendment Prepared: No
RrvlrwrD 13v:
LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIPFIN HR: N%A AMALLETT
COUNTY MANAGrR'S C MMrNTS AND RT?COMMENDATIO S:
Recommend approval to file application. This is a routine proce
~~
~~ aye $ ?~ ,~~s-~- . 171
Refi.r to OtTice Vision Bulletin Board for Disposition
~~
Department of Cultural Resources.. .
- ~ •. State Library of North Carolina -
-, - ,
APPLICATION FOR STATE AID TO PUBLIC LIBRARIES
State Fiscal Year 1995=96 - -~ ~ - -
(Submit one form only) ~ ~ ,
-. ~..,
certify that the New Hanover County Public Library
chair of governing body (name of library)
having met the following requirements,.hereby applies for funding from the Aid to Public Libraries Fund.
(1) Be legally established as required by North Carolina statutes. - - '
(2) Proyid,e Library. services easily'availablevithout discrimination'to all' residents of the political. .
subdivision supporting _the~ library. ` - - ~ • -. - - • ~ - -
(3) Employ a director having a valid North Carolina public librarian certificate and successful experience as
a public librarian or administrator.
(4) Secure operational funds from local government sources at least equal to the amount budgeted the
previous year. State funds shall not replace local funds appropriated for public library operations.
(5) Expend funds as authorized in the adopted budget. Any library having an unencumbered operational
balance of more than seventeen (! 7%) of the previous year's operating receipts will have the
difference deducted from its state allocation.
(6) Obtain aggregate operational funds from local sources at least equaling-state aid.
(7) Pay salaries for professional positions funded from state aid that are no less than the scale required by the
division of state library.
a. Each professional position funded with State Aid must be supported by two full-time
equivalent (FTE) paraprofessional positions.
b. Professional librarians who are paid in whole or in part from State Aid must have a valid North
Carolina Public Librarian's Certificate.
(8) Obtain an annual audit of library accounts by a certified public accountant acid submit a copy of this
audit to`the division of state library. ,
(9) Submit a copy of bylaws and personnel policies to the division of state library.
(10) Compile an assessment.of the library, needs of the community,- prepare and annually revise along-range
plan of service, and submit copies of needs assessment and long-range plans of service to the division of
- state library. _.
(11) Submit a copy of the agreement establishing the regional or county library, if composed of more than
one local governmental unit.
(12) Meet the following stipulations when establishing a new library or withdrawing from a larger system:
- (a) ,.meet ali qualifications-for the state aid to .public libraries program ~on July 1 of the year prior to the
F. - fiscal year that the library plans to receive-state aid,
(b) continue to meet all qualifications for the state aid to public libraries program from 7uly 1 to June
30 of that year, which shall be known as the demonstration year,
• (c) file a full application. for, state aid by the June 30 deadline at the close of the demonstration year in
order to receive state aid in the next fiscal year.•':''~' ~• ~ ~ ,
„ ~ W
- ° - a°~ E .~ .-9 9 T8g[11
Submit a hcation to Libra Develo ment Section, State,
172 Library ofNorth Carolina, 109_E Janes Street,WRaleighaNC
SL/PLD 27601:=2807 Deadline for application: for FY'J~uly 1';"'.1995
_, -
June 30, ;1996 is September 30,>:1995.
Rev. 6/95
r'
Department of Cultural Resources
State Library of North Carolina
~_ MAINTENANCE OF EFFORT REPORT r1ND DECLARATION ,
State Fiscal Year 1995-96
.~~ ~ . (Submit one form .for each city/county) ~ ,
The New Hanover County. Public Library will maintain
its local governmental su ort in order to receive State Aid funds in accordance with N.C. Admmrstrative Code
' Chapter 2, Subchapter.2E Section :0300:
TOTAL County and/or Ci~y Appropriations
Budgeted and Available for Expenditure 1994-1995
.(Excluding capital outlay and
State Aid Appropriations)
$ 1,501,755 7/1/94
Wilminc{ton/New Hanover County
4 , Name of City/County
~~
Signed:
.for City/County of New
,~ Signed
Signed:_
~;
SL/PLD
. Rev. 6/95
$ 1,684,735 .7/1/95
(City/County Manager or Finance Officer)
anover County Date:
Date: a - Z - 5 ~
rary Director)
,(Designated Finance Officer of Regional or
Independent library governing board)
Date:
Submrt appLcatiou to ':Library Development Section; .State
Lrbrary ofN~orth'Carolina, 109'E. Jones Street, Ralergh;::NC'
2760:1-2807.. Deadline for application for- FY July 1;.1995=
June: 30, 1996 is'~Sepfember• 30, 1995.
TOTAL County and/or City rppropriations
Budgeted and Available for Expenditure 1995-1996
(Excluding capital outlay and
State Aid Appropriations) '
173
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Zegular Item #: Consent Item #: 7 Additional Item #:
department: Tax Presenter: None Required
'age Count In flgenda Package: 4 Contact: Roland Register
SUT3.ITCT: ~ ~.
Zachary Kent Northup -Request for refund on vehicle taxes.
T3RTT~',r SUMMARY:
See attached sheet for.summary
RrCOM1VirNDED MOTION AND RT'OUrSTED AGTIONS•
See attached sheet for recommendation.
T4 UNDTNG SOURCE:
?cdcral $: -State $: County $: User Fccs S: ~Othcr $:
1~toncy Is In Current I3udgct: New Appropriation Rcqucst:
3udgct Amendment Prepared:
REVrrwED I;v:
LGL: APP WCOPLEY FIN: N/~1 BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
COUNTY MAMA TER'S COMMENT AND RECOMMEN TIONS:
Recommend acceptance of.recommendations by Tax Admini r etailed on attached sheet.
~U~Y 6~~~~~~~~~~~~9~
~~~~ -~.~?l~. ys'
177
Refer to Orrice Vision [3ulletin Qoard for Disposition
:u ~ - ~' a .. II~aI~~ tl
Regular agenda August 21, 1995.... ~ '
`k .
Re: Zachary Kent Northup -request for refund on-vehicle:~taxes - - - ,
Taxpayer oUtained regular lice`ase`plate 'with expiratiori~ date October 31, 1995 acid was taxed `
full year based upon NC statutes. He~;obta_ined ~a personalized National Guard plate for the
same 1991 Ronda, the expiration date was December 31; 1995, and he was taxed on the-same
vehicle for another full year of taxes... • • - .: ~. { ~ ~,_ , -
Botli processes of taxation comply with the "letter of the law" based upon the registration
applications with DMV. The existing law does not make a provision to prorate:-the taxes in'
such a situation; however, 1 concur with Mr. Northup that taxing the~same•vehicfe and-same
owner twice within the "vehicle tax year" of 12 months is unjust.
Mr. Nort}~up requests a refund for ten months of the first billing, and a change in the County
Policy. The county can act on the legality of the tax, but cannot set a policy which is not in
compliance with State law.
The first recommendation concurs with the taxpayer's request, and the second
recommendation would set up a speedier process to avoid delays in responding to fuh~re
taxpayer requests that can be resolved without agenda deadlines.
_ ~ ... , .
Recommendation 1: That, as provided by NCGS 105-331(a)(1)b, the Commissioners
determine this to be, in part, an illegal tax, that ten months of taxes paid on account
P94080G426 in the name of Zachary Kerit Northup be refunded to him. .
Recommendation 2: That, as provided by NCGS 105-381(b), the Board of County
Commissioners RESOLVE to delegate future authority for the Finance Officer, County {
Manager, or County Attorney to determine requests for release or .refund of tax less than one ~,j
hundred dollars ($100.00.) ~ '
•;
.. I-.l
No presentation required, but the Tax Administrator will be available to answer, any questions.
copy: K. Burpeau, Asst. County attorney
~Zachary-•Northup ~-
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l•I Zachary K. Northup
5388 - F New Centre Drive
Wilmington, NC 28403
July24, 1995
Board of County Commissioners
New Hanover County
ATTN: Roland Rcgistcr
320 Chestnut Street
Wilmington, NC 28401,. . '
Dear Commissioners:
~~~ ~~
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In response to the conversation with Mr. Roland Rcgistcr, I am tivriting to the New Hanover County Board
of County Corimmissioners to request that a correction be made to the county's-tax policies.
In Junc, 1994, I left the military service, and, along tivith my wife, moved from Fart Hood, Texas to
Wilmington, North Carolina. Later that year, in October, I changed my vehicle registration from Texas to
North Carolina in accordance with state law. Two months later I received a property tax notice from New
Hanover County for the amount of $99.05 (note one on attached page). On February 21, 1995, we paid
that tax assessment in full (note rivo).
After leaving active duty in June 1994, I transferred my commission to the North Carolina National Guard
and agreed to serve the state for six years. Shortly after we paid the property tax assessment on our car, I
received notice that a North Carolina National Guard license plate ryas being made available to me by the
Department of Motor Vehicles. I paid an additional $13.00 for the personalized plate, and placed it on my
car in early March, 1995.
Five months after I took possession of the new plate (July 1, 1995), I received another full year's
property taz assessment from Ncw Hanover County, for the same car. After speaking ~a~th Mr.
Rcgistcr and the Department of Motor Vehicles, I discovered that the reason for this double ta.~cation was
That the expiration daft on my new plate was scheduled to end earlier than my new National Guard platc.l
Apparently, the decision to issue another tax assessment on the car was based on the simple fact that I had
changed license plates (the vehicle identification numbers on the t<1x assessment notices are exactly the
same).
After speaking once again with.Mr. Rcgistcr, and a Mrs. Janet Shires from theAd Yaloren, o[rce at the
North Carolina Department of Revenue, there was a general agreement that this tax policy was unjust.
Apparently, the entire problem is centered on the rigidity of the current t<~x code which prevents the Ncw
Hanover County Tax Ofrce from prorating the uncovered tax period (in my case the end of October
through,Dcccmber 1995).
In accordance with Mr. Register's advice, I am requesting That the county commission change the current
tax code so that individual vehicle owners who have already paid property taxes on a vehicle, cannot be
assessed another full year's tax on the same car simply because they change license plates. Rattier, the
New Hanover County Tax Office should be allowed to prorate any uncovered tax period that iesults from
the said change of plates. Additionally, I also request that the commission direct the tax office to refund
ten months of my first taxbili.
My original plate that was issued to me in October, 1994, was a rivclve month plate that would have
erplred in October, 1995. The National Guard plate is an "annual plate," which means that its period of
validation runs from January 1,-1995 through January 1, 1996. 17 9
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
2egular Item #: ~ Consent Item #: 8 Additional Item #:
department: Tax Presenter: Roland Register
?age Count In Agenda Package: 2
SUT3.TT;CT:
Release of Value
RRIT;E SUMMARY:
RrCOMMrNDrD MOTION AND REQUESTED ACTIONS•
Request approval of the attached releases.
FUNDING SOURCE,:
Federal S: State S: County S: User Fccs S: Other S:
Money [s In Current I3udgct: NewAppropriation Rcqucst:
[3udgct Arncndmcnt Prepared:
RrvrrwrD BY:
LGL: APP WCOPLEY PIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLE.I..j,
_~OUNTY MANAGT;R'S OMMrNTS AND RF OMMENDATIONS•/
Recommend approval of releases as requested by the Tax Administrator./
:~
~OU~~Y G~~'~'~~~~~~0
~~~~ ~'. 2r q~ -- , 181
Rekr to OBice Vision Bulletin Board for Disposition
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Consent Agenda . _ ___ __ .
.August 21,:1995: ~ _ __, _ _ _ _..
Page 2 ~ , _ , .
The following"taxpayer regiiests a value~adjiistment onhis property because of conditions that
have not been brought. to our attention. (backup available. upon request)
Bordeaux, Dewey L. Jr. ~ $S,9S0
Request approval of delinquent applications for exemption from property tax for the following
organization: (application and letter explaining late application available upon request)
Wilmington/New I-Ianover Community Ro480S-021-OOS-000
Development Ro480S-021-006-000
Ro480S-021-007-000
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Copy: P. Raynor - ~ ~ ~ .
Collector of Revenue , ~~
W. Ward
Listing Supervisor
P. Susie
Business Auditor
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: Consent Item #: 9 Additional Item #:
Department: Tas Presenter:
Page Count In Agenda Package: 3 Contact: Patricia Raynor
SUi3.TTCT:
New Hanover County and New Hanover County Fire District Collection Reports
BRIEF SUMMARY:
Collection reports as of July 31, 1995
RECOMMENDED MOTION AND REQUESTED ACTIONS•
Request approval of collection reports.
FUNDING SOURCE:
~cdcral ~: State $: County S: ~ User Fecs $: Other S:
VIoncy Is In Current Budget: New Approliriation Rcqucst:
3udgct Amendment Prepared:
REVIEWED 13v:
LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT
OUNTY MANACTER'S C MMF,NTS AND RRC M ENDATI
Recommend acceptance of collection reports as of July 31, 1995.
-~
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Refer to Office Vision bulletin E3oard Cor C
,t•,~;~;. 183
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Disposition
CONSENT AGENDA
,..GATE=---------
'. ITEM N0.
•- NEW, HANOVER COUNTY TAX COLLECTIONS ~ '
COLLECTIONS THRU 07/31/95
CURRENT. TAX YEAR .-~ 1995
W ~l.\1 r Ml.J~f LVO Y\\•Mr.\\IIlM wn..\wu W CFr1.e
ORIGINAL TAX LEVY PER SCROLL-.
DISCOVERIES ADDED •
LESS ABATEMENTS
TOTAL TAXES CHARGED
AOV=RTISING FEES CHARGED
LISTING PENALTIES CHARGED
TOTAL LEVY
COLLECTIONS TO DATE
OUTSTANDING BALANCE
PERCENTAGE COLLECTED
BACK TAXES
w u\~. \y w r r r.w.u
AO VALOREM
RI W TW wrywOwl]Mr rwM AC b\
~ .00
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W ~\ W.3wr wY\•• Nry.W M W M.M tIw\M
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REAL ESTATE
CHARGES ADD AND PERSONAL PROPERTY
ED S 2~463~963.85
LESS ABATEM
ENTS 11460.59
7~021.81~
TOTAL TAXES
DUE Y\ w~.lwlw.w M W RIN \FM wAr YI W
# 2~468~402.63
COLLECTIONS TO DATE 139~7U7.49-'
OUTSTANDING
BALANCE wwa ww wsr...ow o+w...nrww.. ra.
$ 2~328~b95.14
PERCENTAGE COLLECTED 5.661
JUL 1995
•Pwa rM.wr \\ W wv Yl'WM
ROOM OCCUPANCY TAX COLLECTIONS ~r 250264.96
PRIVILEGE LICENSE COLLECTIONS 4208.00
EMS COLLECTIO~IS ~0C
-MOTOR VEHICLE
w.rrrwvr'o.u wow~\~sww\. ,
~ 873609.60
3992.32
6~535.02-
rar\n\o\wW ~...~ w.r.a rrr
~ 871.~066.9U
.00
• .00 ~,
rrrrrwrrrsr\e\rw.r
~ 871066.90
450 ~ 043 .16-'
\ r w.., wr wu w..... w wrw\ r w.aw
~ 421023.74
51.67°l,#
FISCAL YTO
.....r_r...,.\~.r,~~w...
250264.96
4208.00
.00
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER GOUNTY~
CITY OF-WILMINGTON WP,-IGHTSVILLE BEACH CAROLINA BEACH AND KURE
BEACH TO DATE -~ :~~~133~747.3'7.
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1~ 1995.
1 E PECTFULLY SUBMIT~cD~ ^ Y
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PATRICIA J. .f YNOR ~ ~
COLLEC~TOP. OF REVENUE
'~ COMBINED COLLECTION •PER•C~ENTAGE~~ 51:67 i '
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CONSENT AGENDA
DATE:___ ___
ITEM NO.____--
NE4J HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 07/31/95
RRENT TAX YEAR -• 1995
V.fwN WM..~F M~.. r.r wr0
~
~ AD VALOREM
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Y MOTOR VcHICLE
IGINAL TAX LEVY
PER
SCROLL rYw
~ rrnlrl
.al.M
i~W.Y y1. ra~.q r.IW
.0~? ~ WW~r~.~.r
$ -YWwr ~rlrlwr
21 ~ 704.09
DISCOVERIES ADDED .00 127.69
SS ABATEMENTS
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N
f 193.63-
;TAL TAXES CHARGED A
$ ~
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~ .OG MYIq MW.~
..~ .AWWwYWrIW.y
21638.15
STING PENALTIES CHARGED .OG .00
l
TAL LcVY rM h.IM 1!I.M ~..J..1N airr.~W r~o1
~ .OU r.lr~f MrlY W
~ rO./rW AYyYWA
21638.15
-LIECTIONS TO DATE .C'0
Y.Y.~W M.V .Aa•y Yrrr Or.OM
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prrrrW b.ti a. 11~777.75w
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1TSTANDING BALANCE.
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9860.40
,~RCENTAGE COLItCTEO .CG°G~ 54.43°;#
BACK TAXES
4O..Yw..rT.Y.7W _
.SAL ESTATE AND PERSONAL PROPERTY $ 44873.72
ARGES ADDED 451.25
L SS ABATEMENTS 224.95^
urs..~. wwmW w~wrra.w ww~~..w
TAL TAXES OUE
LLECTIONS TD DATE ~ 43~0~8.77~
OUTSTANDING BALANCc
P RCENTAGE COLLECTED ~ 42046.781
1 IS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1~ 1995.
c ECTFULLY
`~ _ L~{}'j ~ ~ ~..
PATRICIA J.
' ELECTOR OF
SUBMIT~D~
!~A~Y N O R ~ V
P.EVENUE
~ COMBINED COLLECTION PERCENTAGE M 54.43!
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185
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REQUEST FOR BOARD ACTION
Meeting Date: 08/21/95
Regular Item #: Consent Item #: 10 Additional Item #:
Department: Budget Presenter: n/a
Page Count In Agenda Package: 13 Contact: Cam Griffin
SUi;.TT;CT:
FY95-96 Alternatives to Detention State Grant
I3RIrF SUMMARY:
Phyllis V. Roebuck, Chief Court Counselor for the Juvenile Services Division of the NC Administrative
Office of the Courts, is requesting that the County Commissioners accept the Alternatives to Detention Grant
for FY95-96. No County match is required. The Alternatives to Detention Program provides an alternative
to secure detention for selected juvenile offenders.
RFCOMMIJNDrI) MOTTON ANT) RFQUESTi~'I) ACTIONS•
Accept the. giant and approve the related budget amendment in the amount of$69,471
Federal S: State $:.69,471 County S: 0 User Fccs S: Other S:
Money Is In Current Budget: No New Appropriation Rcqucst: Ycs
Budget Amendment Prepared: Ycs
FUNnING SOURCT;:
RrvlrWrn I3Y:
LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT
COUNTY MANAGT;R'S COMMrNTS ANT) RrCOMMI;NDATTONS:
~, Recommend acceptance of the Alternatives to Detention Program Grant as requested by Phyllis Ro buck.
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Refer to OCficc Vision [3ulletin [3onrd for Disposition
~-
Budget. Amendment,
'DEPARTMEN'T 'BUDGET AMENDMENT # DATE ,,
Community Based Alternatives 96-_002.1- _ - - . ' ~~8/21/95` ~`
Agencies
ADJUSTMENT DEBIT R D
Community Bas d A rnatives - - ~ •_
,. ., _..
,~~. ~ .: .. Agencies _ -
.. .CBA `Grants `-~ _ ~''$69, 471 . ,
Alternatives to Detention ~' $69,471
Pro ram
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EXPLANATION ,
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To budget the FY95-96 Alternatives to Detention Grant ,(no
County match required)-: The Alternatives Co Detent-ion
_ . Prog:ram.-prov.ides..- an -al-terna ive to secure detention~~ for -
selected juvenile offenders. .
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ry=~ror Dudoct OCticcr's approval; then report
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~`~ Q ~ ~J K.1""~'"'; :'; ~~. , .r m:~ ~ ~ta~~3to`Commissioners at next regular meeting
V#
18 8 ~'"''-•- "'~~~"° `,;', and enter in minutes.
<.~~.._».~.~..w~ _M..y~.....~» ~~d7iU,hCapprovedbyCommis~ioners.
To be entered into minulcs.
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DIVISION OF YOUTH SERVICES - CBA
PROGRAi~i AGREE~NT
Name of Program Alternatives To Detention
Sponsorin; Agency Juvenile Services Division
Contact Person (name & address)
Phyllis V. Roebuck
P. 0. Box 1404
Wilmington, N. C. Zip 28402
Phone# (910j 341-4418 Fax R~1~ 341-4419
Referral Sources Juvenile Court
New Hanovr Regional Detention Center
`Client Capaciry 16 .Anticipated average length of stay 30 (days).
Estimated number of youth to be served during funding period • ll0
'Actual number of youth admitted last fiscal year:
Reported using Client Trackin; Forms
Reponed using Annual Program Review
` ~ Juvenile Court or law enforcement referred
Date received in Regional Office
Please submit d copies with original sign~ttu~P~
'If the funds being requested will be used for more than one program component please provide this
information for each component on a separate sheet.• • •
DYS (Rev. I-95)
189
Counry
New Hanover
Program Type
Fundin; Period
7/1/95 thru 6/30/96
CBA Assigned LD. R
565008
New Program
Continuation X
• ~ ATD STATISTICS
The following statistics are based on records of juveniles who have participated in the
ATD Program: - - _ .. ~ ~ ' - ...
Julv I , 1994 - V[arch 30. 1995: - ~ rv -
Number of Juveniles Served - 89
Number of Successful Juveniles - S4
Number of Unsuccessful Juveniles - 30 ~ ' "~~ ~~ ~ '
Number of Males - 6S
Number of Females - 24 - ~" ' "
Number Still on=- 5 ; _ __ -
Days Saved From Detention - 2,342
.- . ~,
* Total dollars saved based on number of davs - 571,673.00
(at the rate of $116.00 per day, pe'r juvenile based on 1994 -costs)
...-, .
Ju1v 1, 1993 -June 30, 1994: ~ ,, , . • ~~ •
Number of Juveniles Served - 174
Number of Successful Juveniles - 147 ~ " - --- - -
Number of Unsuccessful Juveniles - 27
Number of Males Served - 135 _. _ .' .~ .:.
Number of Females Served - 39
Days Saved from Detention - 4361 -'~' •
* Total dollars saved based on.number of days .- SSOS,376.00
(at the rate of 5116.00 per day, per juvenile based on 1994 costs)
July 1, 1992 -June 30. 1993: -
Number of Juveniles Served,- 140 ~ _
Number of Successful Juveniles - 121
Number of Males Served - l OS
Number of Females Served - 3S
Days Saved from Detention - X298.: -- - - ~ ~ '
July, 1991 -June. 1992:
Number of Successful Juveniles - 118
Number of Unsuccessful- Juveniles -"24 ~" ' '
Number of Males - 99 ~ '
Number of Females - 43
Days saved from Detention - 3401
190:
,~, ATD ST~I.TISTICS (Continued)
July, 1990 -June, 1991:
~~ Number of Successful -Juveniles - 30
Number of Unsuccessful Juveniles - 26
~ Number of Males - 91
~
-• ~ ~ Number of Females - 1 S
Days saved from Detention - ?582.
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July, 1989 -June, 1990'
~
~ Number of Successful Juveniles - 79
Number of Unsuccessful Juveniles - 13
Number ofMales - 51
,~; Number`of Females - 16
Davs saved from Detention - 2335
• •
July, 1933 -June, 1939:
Number of Successful Juveniles - 55
'i~, Number of Unsuccessful Juveniles - ?0
Number of Ivfales - 57~
. Number of Females - 15
Days saved from Detention - 2125
•
~~ ~ July, 1987 -.June 1988:
Number of Successful Juveniles- 50
~ Number of Unsuccessful Juveniles - 9
~ Number ofMales - 5~
Number of Females - 5
' ~ Davs saved from Detention - 1927
~~~ ~ •
,~, •
~,
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•
• r3TDJS1 ruisliss
'1•he Alternatives to Detention Program has proven to bea succe sful deterrent~to secure
cletentic~rr. ft leas been widely accepted in the community..and related agencies..The
~, juvenile his the opportunity to stay in the community rather than secure detention.' There
have been ~ great number of juveniles who have benefited From the, program and have not
reoffendcd. nRen times there are requests for placement-which have e:cceeded the number
of slots available. ~ ~• ~ ~ '
• The Alternatives to Detention Counselor's close involvement with the family and juvenile
provides vital information to the counselor due to the daily contacts made to the juvenile
in school and at home. The structure of the program provides support to the child, family
and sclroc~l. l~lany potential problems have been avoided due to the constant contact made
ley the counselor. The parents (lave been very receptive and appreciate the alternative
intervention. The parents are also cooperative in advising the counselor of'ariyviolations.
• ~Vitli an aclciitional ATD Counselor eve were able to increase the number of visual and
• phone contacts made to the juvenile seven (7) days a week. The caseload increased
•. signiticanll~• and served more juveniles which decreased the numberof juveriiles~`at ~the~°-''-
. ~,.
juvenile center. - ~ - '
The Alternatives to Detention Program in New Hanover County has~be~ri very successful
• and is an effective way of monitoring any juvenile who is eligible foe secure'deferition.
.• The stnrcture of the program is designed to assure the°juveniles adhererce-fo the:~program.
Each year the amount of children served increases and proves to be a useful tool in
relrabilitatir~g these offenders.
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T'o provide an alternative to secure detention for selected juveniles. This alternative
would allow the juvenile to remain in the community (home with relatives, or• temporary
shelter care) instead of secure detention. This non-secure community detention program
would pro~~ide structure, limits, and would require the juvenile to abide by certain specific
conditirns, thereby decreasing the cost of secure detention.
Cl! R r U.S t~.:
,~~ From the federal to the local level, there is a growing focus on de-institutionalization.
i~lso, the i`lcrrth Carolina General Statutes clearly emphasize utilizing the lest restrictive
~ environment when considering secure custody:
"the ~1ltentatives to Detention program can only serve to decrease cost of secure detention
and provide juveniles an opportunity to remain in the community, thereby, avoiding
institutionalization, but it provides early intervention during crisis periods while awaiting
court Irearirrg. E:cperience has taublrt us that the best time for intervention usually is
during a fancily crisis when the family is vulnerable and seeking professional help. The
Alternative to Detention Counselor is able to provide immediately daily intervention and ,
structure during this short period of time using available community resources.
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t<a.I'~t! R~~ I3L.E OB I~: TI V I! : (Attachment)
Ongoing evaluation and monitoring by the Chief Court Counselor and Intake of the 5th.
f)istrict, ;~li~nb with statistical informatiori will be~used to determine the effectiveness of
tti'e Alterri~tive to Detention program ~~
,. , . .:
lie folfc~iving criteria will be considered for evaluation;
I . "1'i~e number of detention days decreased as a result of the program.
2. The number of children who have benefited from the program who otherwise
would have remained in secure custody.
?. Of those children in tl~e program, leas the early intensive intervention helped
them remain out of trouble pending court? , -, _ ~ ,
~t. I fas the early intervention made it possible to provide appropriate, resources_ at
a faster rate?
~,
5. 1 Ias the information gathered by,the Alternative to Detention Counselor aided
the Intake Counselors and Court Counselors in making assessments and
recommendation to the court? .
.. .. ~
194
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PROGRARI SUMMARY
Stn.tement vt=t.h~9.blent: To reduce the number of juveniles Held insecure custody.
I'ro~~m» (:~~nl: (Purpose of the Program) objectives and purpose (See attachment)
:1_ns'~c.t_~n~~ti_Intion: Juvenile charged with delinquent offenses who could/would be held
in secure custody..
L11~,;tst1rnhic~~iYe(s~: (See Attachment)
Infor.mnli~rn•~~~tni~~esi1'~-~,Q'e~tiv_enESS.~ns»Lrui_+~nt: (See Attochmcnt)
ALTERNATIVES TO UGTENTION STATISTICS
_.
195
I'ROGRAIYt NARRATIVE
.CR~LCzR,\(~t DYNAMI .S:
C:vcry clrilrl placed in secure c>.rstocly under G. S. 7A Statutory Guidelines ~viil be
considered for the Alternatives to Detention Program.
The child will be interviewed ~y the ATD Counselor as soon as possible, subsequent to
being placed it secure custody and prio"r to the secure~custody (detention) hearing.
'rhe A~"D counselor will make an assessment of the child's home, community and school
situation. 'I'bis assessment will include interviews with the child's parents, guardians, or
relatives, school officials (if necessary); intake counselors who received the complaint,
detention staff and/or court counselors familiar with the child and family.
This assessrneni will be recorded on Alternatives to Detention Assessment Sheet (see
attached): and a determination will be made as to whether or not fhe child is appropriate
for corlmnrnity detention. '.
When the child appears in court as outlined by G. S. 7A-577 for a secure custody herring,
the ATD Counselor will make a recommendation to the court regarding the
appropriateness of community detention. If community detention is recommended, then '
tl~e ATU Counselor will also request that a secure custody order be authorized, but
suspended, pending the child's cooperation and obeyance to the conditions set out by the t.l~r
court. (See attached Conditions of Community Detention).
If the coral concurs in placing the child on community detention, the child and the parents
will then sit,n a consent form acknowledging full understanding and agreement with the
conditions of community detention and that the child may be placed back in secure
custody il'cleemed appropriate. (See Community Detention Consent Form)
A stnrcttrred daily schedule will be outlined by the ATD Counselor, including the curfew
and other conditions ordered by the court, and the child will be advised as to how-and
when to contact the ATD Cornselor. - ~ '
'rhe law enforcement officers` of both the Wilmington Police Department and the New
[ lanover County SlrerifPs Department Dave agreed to help in monitoring juveniles on
community detention and will be provided with information that will assist them in
monitoring.
Any violations will be grounds for consideration of removal from the program.
196..
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~t(~1;L~~•t DYNAMICS: (Continued)
ill violaiic~ns will be reported to the ATD Counselor,. Anyone having information that
violations have occurred, can report this information to ATD Counselor.
'The AT1~ Counselor will be responsible for procuring the necessary orders and the
returning the child to detention. The ATD Counselor will be encouraged to obtain
assistance whenever necessary.
The ATD Counselor will be encouraged to involve the community when monitoring a
child in the community, such as volunteers who can help provide for this child's needs.
197
ADT COUNS~ELOIt SALr1i2Y B12EAK-DOWN 199-96
-. > .
<:.
Section I: List the justification for each.. entry,
B D JET r.. . , _
~. :~.. . r .Y .. ;, .
Salary and Wages 50,000 ~ -, , , ,:, .
*Fringe Benefits 11,792
*.*.Professional,Services ,2,672, h~,, ,, . ;
. -~ * * *Travel (,1409 miles/mo).:, -. ~ 5,007 • .. .
*FICA & Unemployment
**Contract for handling monies and audit 4%
***1409 miles per month X .30 per mile X 12 months
Section II: Employee Information
For each employee list the following-information:
Job Title Annual or Hourly Wage l~(onths of Emplo,~ent
Alternative to Detention
Counselors
ATD Counselor I:
Salary $25,000
FICA (25,000 X 7,65°'°) 1,913
Unemployme nt (25,000 X 2.25%) S63
Medical (160 per month) 1,920
Retirement (25,000 X 6.0%) 1,500
Total $30,896
ATD Counselor II:
Salary $25,000
FICA (25,000 X 7.65%) 1,913
Unemployment (25,000 X 2.25%) 563
Medical (160 per month) 1,920
Retirement (25,000 X $.0%) I,S00
Total $30,896
12 months per year
12 months per year
Revised 6/23/95
198
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BUDGET INFORMATION
FY 1995-96 Number of Months 12
Cash in-i:ind Total
Personnel Services
$64,464.00 - 0 - $64,464.00
120 Salaries & wages $SO , 000.00
($0 Fringe Benefits 1l , 792.00
190 Professional Services ~~, 67~ . 00
Supplies 3c Materials
10 Household 3 Cleaning
?20 Food 3c Provisions
230 Education & Medical
240 Construcrion .~: Repair
250 Vehicle Supplies & Materials
260 Office Supplies 3c Materials
280 Heating 3c Utility Supplies
290 Other Supplies S: Materials
Current Obligations & Services
~ 10 Travel 3c Transportation
3Z0 Cortununications
330 Uti]ities
340 Printing 3c Binding
350 Repairs 3c Maintenance
370 Advertising
380 Data Processing
390 Other Services
Fixed Charges 3c O[her Expenses
410 Rental of Real Property
430 Equipment Rental
440 Services & Maim. Contracs
450 Insurance 3c Bonding
490 Other Fixed Charges
Capital Outlay
510 Office Furniture. & Equip.
530 Educational Equipment
540 Motor Vehicle•
550 Other Equipment
580 Buildings, Structures, &
Improvements
- 0 - - 0 - - 0.-.
5.007.00 - 0 - 5,007.00
Total: $69,471.00 - 0 - $69,471.00
199
6
SOURCES OF PROGRAiv1 REVEWE (ALL SOURCES)
' `CBA~~-. ;,:~. S 69,471.00
This is to certify that the CBA funds in this Progam .-,
Ageement will not be used to duplicate or to supplant .
other programs whose primary intent is to provide
community based--alternativesfor delinquenu, status
offenders or youth at risk of juvenile delinquency.
- - r, ~,
-Local Match:_ S
(0% 20% 30% ' ~ Cash
S
S
• ,,(other) ~+ .. :.
~c (other) - .: .._ , .:
(~ Total ~ S 69 , 471.00
YSAC Chairperson Date
This document has been reviewed and recommended for funding. ... ,
Indemnification and Hold Harmless
' -- . ~,
The progam manager agees to at all times during the term of this ageement to indemnify and;hold •.
harmless the Department of Human Resources against liability, loss, damages, costs, or. e:cpense which the ~ ,
Department may be requested to pay by reason of any client's sur~'ering persona! injury„,death, or,prooerry
loss, or damage either while participating in or receiving from the progam services to oe~furnished by the• . '<,.
program under this ageement, operated, leased, chartered or otherwise contracted for by the progam or
any employee who is furnishing services called for under this ageement; provided, however, that the ,;;~ ' .; , .:~ --~ '-.
provisions of the paragraph shall not apply to liabilities caused by or resulting from the acts of the
Department or any of its officers, employees, agen~s, or representatives.. _„t.,
~, _ ,
Civil Rim is Com like ~-_.. _ y '
,~~. ; , .
For the duration of the Program Agreement, the progam agees to comply with Title VIl of the. Civil ,
Rights Act of 1964 and all requirements imposed by federal regulations issued pursuant to that Title. ,,
__ _. ,~
termination _ _
This ageementmav be canceled~at•any timeby.either DHR, county commissioners, or the progn..m:~_.
manager, with cause, upon at least 30 days notice, in writing, and delivered by registered mail with return
receipt requested or in person, or by mutual consent of all parties, ,
Sonclusion -_ ._... _ • _ .
We, the undersigned agee to comply with all provisions of this ageement and with the policy guidelines ~ .
for the Community Based Alternatives Program as codified in the North Carolina Administrative
Procedures 10 NCAC 44C and 10 NCAC 44D..
This agreement may be terminated in whole or in'
Director Division of Youth Services to part by the Division/Department in the event shat ~ . "
Q ~ state or federal funds which have been .allocated
L ~g 1~ r~ to the Division or to the Department of Human { F
Chair-man-Coon Date Resources are eliminated or reduced.tosuch an
~ ` `'~~ t ' 'h' /extent that, in the sole determination of the Division/
• ~ ~3 ~-~' Deparnnent,.continuation of the obligations at the
o Manager ` Date levels stated herein may not be maintained
200 1
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CONSENT AGENDA
-~ ~, ~ B ~xc~g~t .A.•xxtendxx1e11t August 21,1994
~.ao... ,...o..}:;v..... T.. v~ \.< \.~.a.....:..~'$M,,......,.: .: ... :.r..•• ...i,....,i...... ..., .y:c.v...,....~..vnvi..... ...vN:•Nr':r» .n.l l ~r•~
r:.................. ... ............,.:. ............
........ ..... .. .. .....2.. ...... ....:............................ ..:::::....:::::: .w
•Y::
.. \ .. .i t... 3 .vv\.. .. .... ....... ... .. ... .. ............ ... ....2.2...... ..
a. a. v.a ..,..... ... v.v ..: ............: ... .................. ........::.:..... :......:: ........ .....L......;..;::•:.: •;.;.,..::;2:22
. ..aia.... .......vs.. ...lac<.o. ~.\a .:~.\ ~. .v. :.~ •?.. .2.. :.1:~
...~..~uca: v::.., •xa..,•~:;:;.;: :.:v::::;:a:c:icia~i:::::::.. v..:v:..:c v~...',av ;,.v~..;...:a...~.~.:...
a..<.....:t:'•'.22v ':2~:'"~~a222 ~::~~::;2:'•'~< .....:.:.....2:c:':~::~::2:22\a~::is:2 va.::..:.....~......~..a..\ l::a.::.a. ~.a..<,.a..aie.;:..::«::,aulvav.: K 1~1~e: 1:~: e:::.
DEPARTMENTS BUDGET AMENDMENT# DATE.:
~~ Human Services Transportation 96-0017 8-21-95 ,
ADJUSTMENTS DEBIT: CREDIT:
Human Services Transportation
TAP-Medicaid $ 3,113
Transportation Assistance 2,133
Human Services Transportation
TAP-Medicaid $3,113
/ Elderly 2,706
Disabled 573
EXPLANATION
To adjust•budget to actual FY 96 allocation ($39,5.84 Elderly/Disabled;.
~~ $0 Med TAP}. To budget unexpended funds from FY 94-95.
lj .
~~ ~~'x ~,~< ,r t r-
h ~• n'r~
Por [ludgcl Officer's approval; then report
~ J ., ~„~_' to Commissioners al!ncxl regular meeting
~~~~°--4~V---°`-b~-~ and enlcr In minutes.
~. ~• ~ To be approved by Commissioners.
To be cnlcrcd into minwcs.
CONSENT AGENDA
August 21, 1994
. ~ B-u[C~g~ef ~.~;x~exzc~xnex-it ITEM NO. IIB ~ i~I
....
.'M t`~.~!Ct!.~\!~Mr\\:>K.\•vw.w.~~. ~~v\;~ ~y\: R.C)~,.~~~.~.\•:.;r ~~4.C
......................\...... ,..:.................., ..~...~.............. ................:....::.:::: ~ :..... .... .... .~::::::::...::, :.:::::.a.~:i~~ 2~~~
...ti...u.; ~::.~:::•::........
:..~:a:4y :.:
;~t>
:::........ ~.~~.:...:...~.~.. .....~;::~..."; :...~r.
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:....:........:.:.:......... a....,,.,....3..:,::w
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DEPARTMENT: BUDGET AMENDMENT# J'DATE:
~. ~.
Cooperative Extension 96-0018 8-21-95
~;.
ADJUSTMENT: DEBIT: ~ CREDIT: `_
Cooperative Extension ~`` ~ ~ `
COOP-Child Care Block Grant $ 21,132: ~ .,:.,,~ ~,,
t,~operative Extension ~~ ~ ~ t
~ Salaries :~ $15,076
FICA 1,073
Medical Insurance 1,396
Telephone ., 361
Printing 394
Supplies 2,124
Travel 708
.~
~.
EXPLANATION.. ,. ;i
To rollover.,unexpended grant.-funds from FY 94-95.,
. •.._
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COUNTY ~~~~~9 , :~ r ~ ~ ~ ~.
202 ~~~t~.~~_~~,y~..~~ t~ ~ Y ~~ ~
s a ., . .
• - - For budget Officer's approval; Ihen report
• ~~ ~ to Commissioners at next regular meeting FFF~~~
.. ` ~ '~ / and enter in minutes.
- -. L` To be approved by Commiaioncrs.
• `'~ '' ` - To be entered info minutes.
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