The URL can be used to link to this page

Agenda 1996 01-16~' ~ ~~ \ ,g NEW HANOVER COUNTY BOARD OF COMMISSIONERS ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE ~ . t 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC JANUARY 16, 1996 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 ~ ' .' SPECIAL PRESENTATION: Presentation of Print of New Hanover County Medal of Honor _ ~ Winners by American Legion. Post ~10 ' ESTIMATED ITEM S OF BUSINESS PAGE NO. ' TIMES 9:30A.M. l: Presentation of Class Act Awards 1 '' 9:35A.M. 2. Presentation of Em to ee Service Award P Y s 5 i; 9:40A.M. 3. Recognition of New Employees ~ 9:45A.M. 4. Presentation of Nursing Home Advisory Committee 9 Annual Report by Edward V. Grace ' 9:SOA.M. 5. Consideration of Contract for Landfill Cell 4B Design 15 to Post, Buckley, Schuh & Jerrnigan ~ ,~ 10:00A.M. 6. Presentation on the Status of WASTEC Facility and 37 Environmental Management Fund ' 10:1 SA.M. 7. Consideration of A pproval of Contract to Perform 39 ' Groundwater Monitoring at the New Hanover County Landfill ~ I' L 10:25A.M. 8. Consideration of Draft Ordinance to Prohibit the 55 5k~~~ P ~°,~e r~ Commercial Disposal of Old Corrugated Cardboard ~( ' p -~, ~;~jc~kf'~ OCC ~e~m,~-i I~~.c.¢r -4-~ 2~~ d~Jt , n '~'c.h. 10:35A.M. 9. Consideration of Adoption of New Hanover County Hazardous 61 Materials Information Storage Box Ordinance ~/ofe 3-2 2nd j~cad,Y-9 t~e~.c ~l-cd - ~~S/~i G 10:50A.M. 10. Presentation of 24-Hour Crisis Station ~ ~ ~ 65 ~ L ~j}a~ }e t'7 ~ ~ re- -~~ ~ rc s pry ccsf - 5 ha ri .-ay ~ ~a.+~ - ~/va r~b~r.~o e.ou.K~,' ~s r ~ nnG - o fie ~%x.~.ssecf 2._^~ /li(+~. Leh. - L7r, CognS.v w~ fl ~ncJt~de 10:55A.M. 11. Consideration of Proposal for Development of a 67 ~~ ~"9`~s>,a~c,at Drainage Plan for One Basin in New Hanover County ~ ~ C -t-o rc re 2PP +„ 5-Fudr{ ~ CLra/YZt ona f~a,5:~ arr.~.~ ~o--cc.~-~ ~-~'••ple{eo/ rc. + ~ Co •co~•~n•, 11:OOA.M. 12. Consideration of Wilmington/New Hanover County .~r~! Community Development Corp. (CDC) Exemption of Property Used as a "Small Business Incubator"' ~br ira~2~ ~+-clcti.rc. as cL~a.ri ~Ftcto fe ~ 2.a..'F: ~+-a ~ Taea.S/ t..yte~ft o~'' /99 S~ y r~e[u.Pl~r`ar, ~ <<i»da s ~ ri~7, e.~ / mo /~ oos~ oo ~~ oo Y 11:10A.M. 13. Subdivision Appeal: 125 Request by Brenda Hewlett, E911 Coordinator to overturn decision~by the TRC approving the subdivision name, "Greenville Manor" ~~;e~ C 11:20A.M. 14. Consideration of Order Approving Adjustments in 129 Basic Service Rates Based on External Costs FCC-1210 (Falcon Cable) ' 11:25A.M. 15. Consideration of Order Approving Adjustments in ~ 135 Basic Service Rates Based on External Costs FCC- 393 (Time Warner Cable). 11:35A.M. 16. Appointments of Commissioners to Various Boards 143 ~. .. F 11:45A.M. 17. Meeting of the Water and Sewer.District 145 ADDITIONAL ITEMS ~ ~. COUNTY COMMISSIONERS COUNTY ATTORNEY COUNTY MANAGER NOON ADJOURN r~. ..~ ~ ~~. i NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC JANUARY 16, 1996 9:00 A.M. ITEMS OF BUSINESS PAGE NO. Approval of Minutes 147 Consideration of Sewer Impact Fees for Hampton Inn and 149 Suites located.at 1986 Eastwood Road ADJOURN f NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA JANUARY 16, 1996 .9:00 A.M. ITEMS OF BUSINESS PAGE NO. ~1. Approval of Minutes 161 2. Approval of New Hanover County and New Hanover County 163 Fire District Collection Reports 3. Approval of Release of Value . ~ ~ ~ 167 4. Approval of value adjustment for A. Linwood Brown III, and 169 upholding failure to list penalty 5. Approval of Resolution relating to the sale of surplus property 173 owned by the City of Wilmington and Ne~v Hanover County Parcel Number Ro054-06-032-004.000, 1407 Church Street for the amount of $1,745.00 6. Approval of Resolution relating to the sale of surplus property 179 owned by the City of Wilmington and New Hanover County, Parcel Number Ro065-14-001-001.00, 110 Sunnyvale Drive for the amount of $1,480.00 7. Approval of Section 18 Human Services Transportation 183 Grant Application for FY1996-97 8. Approval of Drug and Alcohol Policy for Transportation-Related 245 Services 9. Reappointment of Ernst M. Swart fora 3 year term as a 267 representative for the Nursing Home Administrators 10. Approval of FAA Amendment to make available 273 balance of AIP entitlement funds t 11. Approval of Budget Amendments: A. 96-0102 to budget the portion of the 911 surcharge already designated for CAD capital project B. 96-0094 to budget book sale contributions and lost book payments C. 96-0093 to budget LSCA Enrichment Grant funds 281 282 283 ~: S REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: I Consent Item #: Additional Item #: Department: Human Resources Presenter: County Commissioners Page Count In Agenda Package: Contact: Allen O'Neal rrrn rr~r.T_ J V IJ.1 (i t. I Presentation of New Hanover County Employee Class Act Awards BRIEF SUMMARY: It is recommended that the Board of Commissioners present "CLASS ACT AWARDS" to- Susan J. Jaindl, Clerical Assistant -Budget and Finance Departments Antoinette Leeuwenburg (Toni)- Administrative Assistant -Budget Department RF,COMMENDED MOTION AND REnUESTFD ACTIONS_ FUNDING OURCE• Federal S: State S: County S: User Fees S: Other S: D7oncy Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED i3Y: LGL: APP WCOPLEY FIN: BUD:APPCGRIFFINHR: APP AMALLETT . COUNTY MANA ER'S COMMENTS AND RECOMMENDATIONS Make presentations to Jaindl and Toni Leeuwenburg as the latest recipients of the County's "Class Act Awards." ~g~t7~D _ ~~~ ~~a~1 ~~ t r ® v ~~ ~~~jd ~~bdcvl,~~~~~5v~~~ , ~ Refer to Oftice Vision Bulletin Board for Disposition Class Act Nomination` _. .Sue .Jaindl is. a_-tremendous asset to New Hanover County. Her • cheerful helpful manner has `brightened the day of many employees, commissioners and the.. general public. During the time that I have worked with 'Ms~. Jaindl, on at times tedious task, she has never shown anything but a positive attitude and. ded_ication`to .gett°ing the job done correctly.- During the past spring Ms:Jaindl's assistance with preparation of the FY94-95 Budget was crucial. The Budget Department had a vacancy during the busiest time of the year. There is a tremendous amount of material~to review and compile accurately, under a short time frame. While efforts have been made to reduce t'he paper work related to the budget to a minimum, there is a tremendous amount of correspondence that :must be accurately.'processed in a' timely manner. County departments and outside agencies are very sensitive about=-their budget information. ~ In some ~cases~ this is the only contact some agencies have with the county so their impressions of the county may be based on these contacts. Ms. Jaindl did an excellent job in helping to make sure that the correspondence was processed in a accurate and timely manner. Ms. Jaindl also made suggestions on how task could be performed in a more efficient and ..timely .manner.. Ms. Jaindl provided the clerical support to the Human Resources Allocation Advisory Committee. This committee has a heavy workload in the spring when they review and make recommendations on the request by Human Service programs for county funding. Ms. Jaindl made sure that all HSAAC members got the material they needed in a timely manner and prepared the correspondence for those agencies that requested funding. She also checked the accuracy of the grant applications. During this hectic time, Sue continued assisting in the print shop • ..with their billing process ~and• the Commissioner's office ~in taking material to the Commissioners residences or places of business. • She also assisted Emergency Management, County Manager's Office and County Commissioners when,thsy had employees absent. She also. assisted with compiling Election returns. _ ~ ~ , Last fall Ms. Jaindl coordinated the first Employee Appreciation picinic and coordinat.e.d .the improvements to the--5th floor break room . • . ', Ms ._ Jaindl is a ..Class Act- in New Hanover County. Submitted by: ~.;' 2 :. ~..+ ~ ..ze .. . , ...._.., r fix: ~;. '- Cameron Griffin, Budget Director t ..A ~ 0 .. .. ~ ,, ~~ r Class Act Nomination ' Toni Leeuwenburg performed in an extraordinary manner during preparation of the FY94-95 Bud et .the . g The Budget Department is small with 3.5 positions. At the beginning of the process one of the positions was vacated. This is the time of year with the heaviest workload for the department. A large amount of material must be reviewed and accurately presented in many cases on a tight time frame. The county was facing a very difficult budget. The Commissioners expressed very clearly that .they did not want a tax increase, the county was facing some complex issues that needed to but be addressed. The meetings and .materials prepared to address and discuss these issues impact the workload of the department. Ms. Leeuwenburg took on a portion of the tasks the Internal Auditor performed in the past related to the preparation of the budget and the actual preparation of the budget document. Many of these task were new to her and were performed with little direction and a ' great deal of initiative. She also continued to perform her regular duties and meet the needs of the departments who called for assistance or questions on their current or future budgets in a calm helpful and professional manner. It is a credit to Ms. Leeuwenburg that the workload of county staff ' outside of the Department was not impacted by the vacancy in the Budget Department, nor were the services provided to county departments. At the same time Ms. Leeuwenburg played an active role in the safety committee. With out the dedication and initiative, Ms. Leeuwenburg exhibited during the process it is doubtful a budget with no tax increase could have been presented on schedule. ' Ms. Leeuwenburg is a fine example of a county employee who attacks the projects that must be completed and performs them in a 1 .competent and professional manner. Submitted by: Cameron Griffin, Budget Director ~ 3 ~~ 4 REQUEST FOR BOARD ACTIOI~T Meeting Date: 01/16/96 Regular Item #: 2 Consent Item #: Additional Item #: Department: Human Resources Presenter: Allen O'Neal Page Count In Agenda Package: Contact: Rosetta Bryant SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The employees listed qualify for recognition due to their length of service with New Hanover Count}~. Service awards will be provided by the Human Resources Department. FIVE (~) YEAR SERVICE AWARDS: Deborah L. Brown -Finance; Diane N. Morgan -Register of Deeds; David M. Bauer -Property Management; Nancy Broughton' - Property Management; Ronald G. McFadden -Property Management; Robert M. Blake -Sheriff's Department; William R. Burton -Sheriffs Department; Laetitia D. Day- Health Department; John A. Blume -DSS; Patricia A. Jessup -DSS; TEN (l0) YEAR SERVICE AWARDS: William S. Register -Sheriffs Dept.; Thomas J. Whitmore - Sheriffs Dept.; Dorothy J. Colson -Health Dept.; Jacqueline Williams-Rowland -Parks Department; and FIFTEEN (I S) YEAR SERVICE AWARD: Mamie N. Carlos -Health Department. RECOMMENDED 1<~TOTION AND REnUFSTED ACTIONS: FUNDING SOURCE: Federal S: State S: County S: User Fccs S: Other S: A4oncy Is [n Current Budget: Ncw Appropriation Request: [3udgct Amendment Prepared: ' REVIEWED BY: LGL: FIN: BUD: HR: ' COUNTY MANAGE Present service awards ~2.1/St~ ~ p~f n ®® 1 1 ® !1 ~ ;,,~ !1"" i;nn~n,ad u, II' ~j ~ R - ~'-' ~'9 eYle6 6 ,~;uiI1:B~6:7.pa.7iJt.~g~ ~___ - ~~ 5 ' Refer to Offiee Vision Bulletin Board for Disposition REQUEST FOR BOARD ACTION Meeting Date: O1/16/9~ Regular Item #: 3 Consent Item #: Additional Item #: Department: Human Resources Presenter: Allen O'Neal Page Count In Agenda Package: Contact: Marlene Carney JUIS.ILC: f: Recognition of New County Employees I3RIF,F SUMMARY: Introduction of newly fired employees to ille New Hanover County Board of Commissioners. A list ofnew County employees will be provided to the Board prior to the meeting. RECOMMENDED >yiOTiON AND RF(ZUESTFD ACTiONS• FUNDING SOURCE• Federal S: State 5: County S: User Fccs S: Other S: ~'Ioncy Is [n Current [3udbct: Nc~v Appropriation Rcqucst: I3udbct Amendment ['rcparcd: REVIEWED T3Y: LGL: APP W1COPLEY FIN: BUD: N/ACGRIFFII~IHR APP AMALLETT COUNTY MANA ER' M ENT AND RE OMMENDATI N Recognize ne~v employees y ~EC.pE~ ~1 [ 2~.D ~ ~ ~ r~ ~ n i~ ~l 0 ~ h~`~1 q, I t`~1 ll tl U~~ 'V N ">~l l,~ ~ P..o ~.., ..,~. ~.;,-~ e ~ ~, ,~~~, r . ~~~t.~~b ~,~~~~--- !-~!e_~ 9l0 ~4 Refer to Office Vision Bulletin Board for Disposition ~,. .:3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: 4 Consent Item #: Additional Item #: Department: County Manager's Office Presenter: Page Count In Agenda Package: 6 Contact: Allen O'Neal L1 T f Tl i n !1T •7 V U.1 L' l., I Presentation of Nursing Home Advisory Committee Annual Report BRIEF SUMI\~1ARY: Edward V. Grace, Chairperson of the Nursing Home Community Advisory Committee will present the annual report to the Board of Commissioners RECOMMENDED MOTION AND RF(2UFSTFD ACTIONS• F~ UNDING SOURCE• Federal S: State S: County S: User Fccs S: Otltcr S: i`loncy Is In Current Budget: New Appropriation Rcqucst: Budget Amendment Prepared: REVIEWED i3Y: LGL: FIN: BUD: HR: Hear presentation i'~~`1~T~D. a _ ~~~Q ~ r~ r d ~ ~ V ~ ~ !~ /p~~r.~~.,-. {~ ~,..-.ter., ,, ~,.°,l~r ,n ~•~,ra WL.rri~~ ~' ,r ~. L.~6s~oaa~.l:%i~J ° ~~~~~'~ . ~~~~~ q ~!6 1 ~b _~ct~.~ Refer to O(Tiee Vision Bulletin Board for Disposition 9 Edward V. ~ Grace 301~Honeycutt Dr. Wilmington, NC 28412 . _ - 910 392 .5692 30 December 1995 Allen O'Neal County Pfanager ~ ~ ' New Hanover Count~~ 302 Chestnut Street Rm 502 - < 1~'ilmington, NC 28101• Dear P1r O'Neal, As the Chairperson of the \'ursing Home Gomrnunit~• Advi- sor~• Committee I am requesting that I be given time on the County Commissioners meeting of 16 January 199Ei to present our annual report. This report I am embar- rassed to say is again ~•er~- late. As }•or.r can see from the written copies the report is short and will require a minimum of time. In the busy agenda I would make a brief statement and then answer any questions my esti- mate is about three to five .minutes,. • I would hope that tt~e agenda will have time for one of the tot.al).y volunteer committees that needs the ~~isible support of the Commission. Thanl: you for your consideration. I maybe reached at 392 5692 any time. Sincerely ~~~~ /`~ i - Edward V. Grace Enclosed ~ ,. - ... .. _ .. _ ._ NHCAC Annual Report (2) -_ ..<. _ - _ _ ~.~ . ~-.~ 8 31996 ~ ~° 10. ~~ x~....... : ~ ., ~~. ~~~ti~isZ'1t~7'tvE ur'r`'rc`'i •~ .~'N.E W ' HAN O V EK CO. [I 1 NEW HANOVER COUNT' NURSING HOME COMMUNITY ADVISORY COMMITTEE Annual Repo"rt 1995 Corninittee Members as of 1 December 1995 Edward V. Grace Eileen B. Rock Ernst t`f. Swart. Anne Hardaway 'Teresa D. Goldston Nora Bednarczyk Elizabeth :~. cveis Chairperson Secretary Lynn td 1'ow appointed br.rt not trained Annette Crompton lei-officio) J E'acilities served in 1995 There c;ere five (61' Nursing Facilities with 6~9 beds visited on the mandated quarterly schedule tl~r•ou;h December. All of these facilities ccere served by the committee. Efforts of the Committee during the year The committee focused on the quarterly visits, with an attempt t:o make two visits each. quarter and the sharing of information to insure that the patient Bill. of flights as ~jefined and established in tt~e idor•tl~ Carolina Gener•aI statutes (G.S. 131E-128) were being followed. The changing of Committee members Burin; the year restricted educational efforts of the public to personal contact with family members or visitoc•s while in the facilities. Some mernb~~rs gained some additional opportunities by m:~l:ing private citizen visits between mandated visits. In addition the committee continues a campaign to get agenda time at the meetings of service organizations such as Rotary-, etc to inform them of the nature of Nursing Facility programs and what volunteers mean to their success. The Committee as a-whole keeps informed on issues that are involved with aging, operation of facili- ties, and the community through speakers at our quarterly meetings as well as discussions of -the findings during our visits and ed~rcational material available through State Division of Aging, Long- Term Care Ombudsman Pi•o;ram. 11 - Summary of,strengths found through committee-operations a)Facilities able to correct long term appearance q-restions , B1Resi.dent programs have become -nore active C)Adrninistrator: ,changes. have ~ resulted in positive responses D)Visitors although seen as not many- always have positive impact E)lYew facilities and personal willing to improve current operations Summary of weaknesses found through -committee opera- tions alGeneral lack of visitors at faci.l.ities B)Need to have more volunteers` for NHCAC C)Tt~e inability of facilities to keep staffing at satisfactory levels D)Even with improved faciliti-e s' the wot•k load presented housekeeping deficiencies • E)Training of`~ both- paid staff and volunteers at facilities .. = The Comm`i flee r.ece Ives. excel lent~~ support ~ f rom the Ombudsman Program of the Cape Fear Council of Govern- ments, Area ,agency on Aging, Region 0. Without this support this committee would'~have a •difficult time accomplishin; _ mandate. :~ ..Prepared , b y . _i ~Ls-rGC~-~~/~~ ~_ Date /L jO Edward. V. Grace £hairperson ~ • Copies Regional Ombudsman State Ombudsman - -. - County Managers Chairrnan of County Commissioners' Department' of Social Services' ;, 12• t 1 1 i 1 1 1 1 1 1 1 1 1 1 1 NEW HANOVER COUNTI' NURSING HOME COMFIUNITI' ADVISORI' COF1PfI'CTEE Annual Report 1995 Committee Ffembers as of 1 December 199x. Edward V. Grace Eileen B. Rock Ernst Fi. Swart Anne Hardaway Teresa D. Goldston Nora Bednarczyk Elizabeth :~. Weis Chairperson Secretar~- Lynn tJ }'ow appointed but not trained Annette Crompton (ez-officio) Facilities served in 1995 There c.•ere f ive ( 6 ) Nursing Facilities with 6.19 beds visited on tl~e mandated quarterly schedule tl~r~ough December. All of these facilities Caere served by the committee. Efforts of tl~e Committee durin3 ttie year The committee focused on the quarterly visits, with an attempt to make two visits each quarter and the sharing of information to insure that the patient Bill oC Rights as defined and established in the North Carolina General statutes 1G.S. 131E-128) Caere being followed. The changing of Committee members during the ~•ear restricted educational efforts of the public to personal contact with family members or visitors while in the facilities. Some members gained some additional opportunities by mal;ing private citizen visits between mandated visits. In addition tt~e committee continues a campaign to get. agenda time at the meetings of service organizations such as Rotary, etc to inform them of the nature of Nursing Facility programs and whit. vol.unt.eers mean to their success. The Committee as a c,•l~ole keeps informed on issues that are involved with aging, operation of facili- ties, and the community through speakers at our quar-ter•ly meetings as c.•ell as discussions of the findings during our visits and educational material available through State Division of Agin;, Long- Term Care Ombudsman Program. 13 Summary- of strengths found through committee operations A)Facilities able to correct long term appearance questions B)Resident programs have become more active C)Administrator changes have resulted in positive responses D)Visitors although seen as trot many •alway-s have positive impact ' E)New facilities and personal willing to improve current operations Summary- of weaknesses found through committ'e:e opera- tions A)General lack of visitors at facilities B)Need to have more volunteers for NHCAC • C)Tl~e inability of facilities to keep staffing at satisfactory levels D)Even with improved facilities the work load presented l~o~~selseeping deficiencies E)Training of both paid staff and volunteers at facilities The Committee receives excellent support from the Ombudsman Program of the Cape Fear Council of Govern- ments, Area Agency on Aging, Region 0. Without this support this committee would have a difficult time accompli.sl~ing .. andate. ~ r Prepared b~• ~ ='?~~/~ ~--- ~ Date ~L ~'''/,f Edc.•ard V. Grace•Chairperson Copies. Regional Ombudsman State Ombudsman County ~(anager ' Chairman of County Commissioners Department of Social Services 14 G' REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: 5 Consent Item #: Additional Item #: Department: Environmental Management Presenter: Ray Church Page Count In Agenda Package: Contact: Ray Church J U 1 S.1 L' (.; l Contract for Landfill Cell 4B Design Post, Buckley, Schuli, & Jerrnigan, Inc. BRIEF SUMMARY: The engineering firm of PBS&J, Inc. has been requested to submit a proposal to upgrade the previous designed constntction drawings for the construction of Cell 4B at the landfill. The plans were drawn in 1993 when the County considered constructing Cell 4A/4B congruently. At the advice of the State only 4A was constructed due to pending. Federal Regulations. Proposed work includes topograpf~ical survey, permitting, plan redesign, revision to the Construction Quality Assurance Plan, and bidding assistance. The cost of the work is $37,831.00. RF;COMMENDED k~tOT[ON ANn_REOUESTED ACTIONS: ,~ Staff recommends award of a contract to PBS&J,Inc. in the amount of 537,831.00 for the permitting and re-design of Cell ~1B. Plans, specifications, and Construction Quality Assurance Plans were previously prepared in 1993 and can be modified to meet the new Fedcral Subtitle D standards. Cell 4B is a continuation of a series of subcells, cells 2 through 6B. When completed cell 2-6B will be one large cell of approximately 50 acres. Tl~e engineering cost have been evaluated against other landfill projects and found to be very competitive. Funds for the engineering design are available in the current Environmental Management Landfill Budget. t 1 F'UND[NG SOURCE: Fedcral S: State S: County S: 37831 Uscr Fccs S: Otlicr S: iVioney Is In Current Budget: ~•cs New Appropriation Request: Budget Amendment Prepared: REV[F,WED BY: LGL: APP. WCOPLEY FIN: BUD:APPCGRIFFINHR: N/A AMALLETT - COUNTY MAMA ER'S COMMENTS AND RECOMMENDATION Recommend ding the contract to PBS&~}J, Inc. based on the reasons noted in Ray Church's memo. (~ (~ ~ p • f~11f ~~~ t! ~~~ ~~ r..... , , -.,~_.. _~~ 15 V...~~~ ~.-• ~.urL~Mtdid~~l~~ . _~ _ Refer to O(Tiee Vis on Bulletin Board for Disposition • ~ RESOLUTION OF~THE ~' [3OARD'OF CO;\[i\1[SS[ONERS .. O F _ NE~V [-IANOVER COUNTY ~VHEREAS, the State of North Carolina Solid Waste Management Rules reduire that Municipal Solid Waste Landfills be designed 6y a Professional Engineer licensed to practice engineering in accordance with G:S. 89C and the Administrati~•e Rules developed thereunder; .AND WHEREAS, the design engineer shall prepare an engineering plan for a phase of development not to exceed approximately five years of operating capacity, consistent with the development phases and desig~i criteria defined in the facility plan; _ AND WHEREAS, the plan must incorporate the design of leachate management and other environmental control facilities; AND WI-iEREAS, the plan shall contain a report and a set of drawings ~~~hich consistently representthe engineering design; • '' ~ .AND WI-IERLAS, the Engineering firm of Post, Buckley, Schuh, and lcrrnigan, Inc. .. prepared a report and engineering plan for the design of subcelis two (2) through six (6) dated No~•embcr 12, 1992; ~ . .. AND WI-fEREAS, the firm of Post, Buckley, Schuh, and Jen•nican, Inc. has demonstrated its' ability to meet the design criteria by previously designing cell construction systems acceptable to the State Solid Waste Section; - ~ _ _ ~, AND WI-IEREAS, the time to design and construct cell 4B has arrived; AND WHEREAS, the firm of Post, Buckley; Schuh, and Jerrnigan, Inc. has submitted a Scope of Services to provide permitting, re-design, and pre-construction assistance for ce114B; AND WHEREAS, tl~e Director of Environmental Management and tl~e County Manager recommend that a contract be awarded to Post, Buckley, Schuh, and Jerrnigan, Inc. iri'an amount of thirty-seven thousand, eight hundred and thirty-one dollars ($37,831,.00); . AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-480-4191-3700 to cover this contract. - ~~ 16 r NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the Contract for Engineering Design Services for the construction design of Cell 4B at the Ne~v Hanover County Landfill be awarded to Post, Buckley, Schuh, and Jerrnigan, Inc. for an amount not to exceed 537,831.00; and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the Cou~lty Attorney. This the 16th day of January, 1996. NEW E-IANOVER COUNTY [SEAL] Robert G. Greer, Chairman Board of County Commissio~iers ATTEST; Clerk to the Board ~~~8~4'U v~,d d ~~ ~. _..., ,,.LZs... wot,fe~ a II~~Q 17 • NHC ENVIRONM. MGMT 91E+3414371 ~ P. 01 .~ • i • ! :; • ~ •. _ ~ , Discussion to allow I'BS&J, Inc, to design Landfill Ccll ~}-B ~ ~ :~- :Contract signed Apci130, 1991 for the dcsigi•of Cells 4-A & 4-B, •s• Cells 4-A & ~}-B designed & dr~fled, speciBeation3, and print9 prepared, al~ work ~ • :required in Phase I of contract for Cells d-A & B eorttpleted at cost of $75,292.:1 - •Quality Assttr:tnce/Quality Control documents have already been prepared, rcv~ously .spent one-half of $75,292 or $37,646 for design tivhich includes Q.AJQC ,~ • ,: - •Coiastruction of Ccll 4-R ~va_S postponed under advice of State perm.ittitxg p rsonnel due ,to upcoming federal Sttbritle D regulations (effective date October 9, 1993); t .; - •Cells 4AS-R i~,•ere designed as an alternative to Subtitle D design which wa I allowed in '199]. (Acl altcrnstivc design allows an engineering design elin~inatiucg the ~ ed to place `• • .two (2) feet of clay under the liner. Importing clay will add hundreds of tlto sands of .dollars to the construction costs.) ~ . '~ .~ - PBS&J successfullynrgued for, and receivad, a permit frocn the State for ari alternative ' 'design to the Subtitle D design. Since PBS&J has already made this argument `•; • i i •18 i successfully in the past, they are familiar with the State's position and can r spoitd •accordingly. ~ ~ •, • ~~ , • ; ,Construction of Cell 4B is beconuog critical. Cell 4A ~~•as expected to last til 1998. D'ue to a trcmendou, incre:L:© in the landfill waste stream (35%), Cell 4I3 wtll need to be '• constructed in ] 996. ~ ' . :; A State permit person stated it may take up to one year to permit an dltcrria ive design. Time spent writing a RFP, advertising, interviewing and selectutg an engin~er acid then `designing the cell will cause a delay of several months. Tinzz ~~ti may not l~ave.'~ • ~ .. Engineering design cost have been competitive, Corzversatioets with my cc Woke County reveal recant engineering landfill design cost of S28,000 per ~eompared to $9,000 per acre from PBS&J. •The State is familiar with PBS&.T and the New Hanover County design. A 'employee stated he was "comfortable" with the design. PBS&J has stood behind New Hanover County during arbitration acid ~wc'1 ;the problem. One particular incident involved the loss of nearly 3 acres of the closure of Ce112. ~~ • , Post-II" Fax,Note 7011 ' uato ~', cf~9 ~yp9- ro d -r. n From CoJDept .. _ . ~ _ ~ ~ Co. ' ~ , ._~e . Phone tl ~ Phono Q Fex N ,~~ Fax 9 ~~~ ~ ~ ~ erpart to e by CDM ~. teipermit .~ i to resolve :r•during ~~ ,: i ' t NHC ENVIRONM. MGMT 9103414371 P. D2 . ' t FBS&J :~ . December 13, 1995 ,' Page 2 • I • ,. - ~ .1'$S&1 did everything in their power to see that•Cell 4A was permitted by the ~i implementation date o£ October 9, even though the cell was incomplete due to t}ie fault of ~tlie construction contractor. PBS&J also assisted the County in recovering IS30,000 in liquidated damages from the contractor. I '; I ' - PBS&J prepared and received approval of operational p(att dated 11/12/92 n 5/¢193 for 'cells 4A-tik3 - Switching Engineers during a lateral e;cpwsion puts County at risk. In the nfoitunate event that a design problem was determined (a leak in a liner),1Llving different Bngineccs i ,in'volved in the expansion would put the County in a position of deterrninin wh~ch firm 'was at fault. '~ - PBS&J has provided volunteer engineerin; in the design of the constructed •etlArtds. . 1 I - WPBS&J i~as always been available to answer questions wsich have come up~in t~fctence ,to nets regulations or other matters even though we may not have ltad an ot~-go~rig contract at the time. ~ i - •Storrn water plans have been prepared by PRS&J for cells 2-ti$, familiar w Jth storm •water plan and calculations to defend plan ~ ' • } ~ ~ ( •I ,; .~ i ; 1 • :: i i' i .' •~ , .~ .j 19 • ,. . ~- ;:.a .;~ C, ENVIhONM. t1GMT 91,0•;414371• P. 03 is;.: f 't "... .. ~ i LGFlfEN1' 10/09/93 T~SA: 1'~B .1600 ; • ~' (2) • 'Itho area! limits of the proposed MSWLF unit(s) Is within lire approvers disposal alra approved by • ~ ~c carnal permit. •: (e) New facility applioations in transition. Site plxa applications for a sew facility tubmitt ~d in'aecordsnee with Rula .0504 (1) of this Section after Janusry IS, 1992 and prior to April 9, 1993 and dpprovt:d by the Division consistent with Subparagraph (a)(1) of this RuIc are tLOt subject to the rcquircmcnt' of this Rule. L ;~ Hurory Note: Starurary Ar~rhoriry G.S. 1304-29•x• £~ Ootober 9, ,f993. .161.9 FA~IY.IT1' PLAN r (a) Purpose. As required trader Ruln .1617 of this Section, a pcrmit•applicant•shall prcparc•a•.f~cility plan which IAeets• lbe requirements of this Rute. i .i (b) Scope: ~: (l) ;The facility' plan defines comprcheasive devclopcucnt of Le property proposed for 'permit or' • described in the permit of an c)cisting facility. The play includes a set of drawings and a rtport• which present the lopQ-tetra, general design concepts rclatrd to construction, opcrat ou, and closuro t of the IvfS~VLF unit(s), including learbate rnanagctuent. The scope of the plan spas th~'actlve life • of rho MSWLF unit(s). Additions! solid wtuu management facilities located ~t rho MS~YLF ;' facility shall be identified in the plasi and shall meet the requirements of this Subchapter. Tbo facility plan defines the waste stream proposed for managcmcnt at the MSWLF facility, l'f different • types'of landfill •unite- or' non-disposal facilities arc inclurlcd iu llte facility deaign~ , tlra'plan must ' deserlUe general waste acceptance procedures. (~) :.The area.! limits of the MSWLF. unit(s), total capacity :of the 2LfSWI~' unit(s), a d the proposed ' waste atrcam shall be consistent with the Division's appcoval set forth: (A) In accotdanee with Rule .161$, (a)(I) of this Section for a new facility; of ~' . (B) In accordance with the current permit for an c:cisting facility applying for permit rcoowal. (c) Use of Terms. The totminoiogy used in desctabing~areas•of the landIIll•unit shall bc1•dcfiued.In.the facility plan:and t6a11 be used consistently throughout z permit application. The Division r ortijl:ends the use of the following terms: '; :' `-~ (1) ' A "ph:uc" is an area constructed with a base lio~r system that provides no morn th• nppSoximately ' five years of opcrati,ag capacity. •:. I ., (2) ,'A 'ce(1" is a subdivision of a phase which describes modular or partial constructipn. ': ~ ' (3) ' A "subeell" is a subdivision of a cell which describes leaclt~te and stormwatee managem~at for` • a4tive or inactive areas of the constructed I`fSWLF. (d) FaciIiry Drawings. The: facility plea shall inclade the following drawings: ~ •~ ~y (l) :Site Development. The two drawings which plot site dnvclopcncnt shall be prepared oa a topographic map representative of existing sits sends[{gas; the map shall locate the physical featutrs • rtiferruced in Rule .1b22 of chip Section and shall incorporate a survey locatiQg ell property :boundaries for the pcoposcd landfill faoiliry certified by art individual licensed practice land ~ surveying in rho SLita of North Carolina. :; (A) Landfill units and leachate facilities. This drawing shall delinerte the anal liras of•all landfill • units and leachate facilities and incorporate the buffet requirements set forth lg Sutiparagrapl} •(b)(3) of Rule .1624. ' (]3)• All facilities. ' This drawing !ball locnin all solid waste manageuleat facili ~es and facility . (nfrzstructure, including landfill units and leacbate facilitie.:. • (2) ~ I.sndfill Construction. All oa-site grading activities sclera! to the consttuetioa d operation of ll7e IV1SW11 unit(s) shall be illustrated !ri facility drawings which: ~ (A) Delineate the limits of grading, including borrow and stockpile arias; ~~ t! ----may (B) Dcfinc pha9cs of dcvclapment which do not exceed a{rproximatcly five yep olt~ ape:rati:gg • capaccil; t ;! • (C) Propose base grades foe the MSvVI.F unit(s); ;~ • ' (1~ •~Delineate the locntioa of segos! roads, sedimentation basins, lcachate pipeline and; storage or treatment facilities aztd other rtructutes relatrd to the operation of the MSWLF ~n[t;•~nd' ():) ,Propose final contours for the MSWLF unit(s) and fs,ciliry features for cloture. ~~ • ©) : Landfill Op=ration. The following information rclaicd to the long-term operationlof tf}o MSWLF • ;i ti I I. 1''agg 13 r u A r NHC ENVIRONM. P1GMT 9163414371 I P. 04 F..~yR -:SOLID WASTE ?ITANAGfi3~NT _ 10/09/93 _ TI SA: ,1'38.1600 • I nears shall be included in facility dzawiugs: ~ !! (Ay ;General grade and flow dlrectioa fQr the drainage layer component of the lcachatc, colleet(on • ~systern; ~ '; (B~ ;Size, location. and gonaral grade for the Ieachate•piping system, including oa•~rte p!pdinu tv •leachate management facilities; !• (C~ ,Proposed transitional cautours for each phase of dcveIopment, including operatl asl~gcades for • 'existing phase(s) and construction grading for the new phase; and ~ !~ (D} `If included in the design, stormwater segregation features and details for inactive landfill subcclls. ,~'' ' (c) Facility Report. 'Ills facility plan shall include the fallowing information: ~ ~~ •, (1) Wsstc stream. A discussion of rho characteristics of the was;cs received at the fat lity and facility spcciflc management puns shall incotporatc: ~; (A) 'Ilac types of waste spepified for disposal; (B) . Averago monthly disposal rates and estimated variance; •' (C) :The axes served by the facility; I :' ' (D) ~ Procedures for segregated managcmoat at different on-site facilities; wd :; (~ • Equipment crquirtmeuts for operation of the MSWLF unit. I :; (2) :Landfill Capacity. An analysis of landfill capacity and soil resoumes shall be pe i otnj~d. (A) The dates and assumptions used in the analysis shall bc: '~ (i) Consistent with the facility dtzwings and disposal rates specified is the facility plan; and ' •(ii) Rcprescntativa of operational requirements and conditions. (B) 'The conclusioas~•slrall provide accucatc volumetric estimats of: : ' (i) Total oper3tiav capacity; ~' •(ii} Operating opacity for each phase of development; I :~ (iii) •Tn-placo ratio of waste to soil; 1 ~• (iv) Available soil resources from on-site or specific off-sits sourcrs; ;: (v) Required quantities of soil for landfill con.-t:vetion, operation, and closure; i d .; (v1) The estimated operating life of nIl MSWI.F units in years. i; (3) ` Contaiuruent and eaviroaluental control syst:ms. A general Cescription of rho systcai's designed' fvr proper landfill operation, system components, and coacspondiag functions shall b~~ provided. • (a) Leac6ate Nt: nsgement. An analysie of the leschxte aarmagemcnt re~uitemeats plans. foC the ; t MSWLF facilit}i shall incorporate the information required under this Subpu~gr:r h. ~: (A) ~ The performance of and desi:a eonccpu for the leachatc collection system withi t active StC3S of • 'the MSWLF unit and any storm water segregation included in the eagiacelzng. design shall bn.. ' ducribed. 1 ~: ' (13) I Normal operating conditions. Normal operating conditionz shall bo dofined an~ mul5t eoasldcr: (i) Average monthly values for lcachate gcaeration rcprescntativc of the Iaadfi~I's cnvtronment and opentien using: • : m Empirically derived estimates; or I ~~ • ; (I1) I•or landfill ezpaneions, actual le.•rchat= geoeratlon data froal the existing laadfiil. (If) Surge volumes gcnecated by storm events. +_ (C) ~ Leachace martagcmcat system. A descriptioA of the lcachate management rystetn I mpoarnts and • their engineered function shall be.providcd, including: ~ ;; • . i Leachate r cline o erdtln ca aci t ' C) P P t? g P tY. I t ~ • (ii) Capacity of the storage and if applicable, the treatment facilities; and . I ' ' (iii) Final disposal plans and applicable discharge limits, including documented grior~~pprovnl of the waste water treatment pleat which may be designatui in the plan. (D) ' A eoaringcncy plan shall be prepared for storzu surges or other considerations ~xcec¢ing design pnramoters for the ctongo ox treatment fhcilities. ~ .) (~ Special engineering features. i !; ! , History' Note: SrartuoryAurhoriry G. S, 130A-294; ! ,i Eff. October 9, 1993, :~ .1G20 ~1rNGIIYEERING PLAN ~ `i ~a) purpose. Tho engineering plan incorporates rho detailed plans and specifications rclal ve iq the dcyFg~,~ ;. LI I '! Pagc 14 :~ i _ N_HC ENV IRO NM. MG~11' . r~ EHcYR -'SOLID WAS ~• ''rY~ ~w..•<:: ~',. ' , . +. •:• TErYiANAC~i~ENT 10/09/93 9103414371 _f ~~ ~ a.." ~, • 77 .,3E .1600 . and perfortn~nee of the Ia¢dfiIl's containment and environmental control cyst; m,. 'This pla~ sct.4~ forth the design psranieters and con..-traction requiroments for the components of the Iaadfill's rystems end tstabIizhes . the rc:pocLSibilitirs of the design engineer. The engineered component a:e describui in Rule .1~Z4 of tllis Secdoa. As required under Rule ,1617 of Wis Section, the owner or opcratot shall subnut an c~ginctriag plan which melts the re~uirem¢nts of this Rt1le. ~ . ~ ~: -~ (b) Responsibilities of the dcsigtt engineer. The engineering plan shsll'be prepued by ~a Professional Engineer licensed to practice engineering in accordance with O.S. 89C and the Adclinistrative f~ules developed theccunder, • The plan sbalI meet the requireaseats of this Rule; the design engineer shn1~ incorporate a statement {:ertifying this fact and bearing his or her seal of registration, ~+ _ (c) Scope.' An engineering Ina shall be prepared for a phascof dcvclcFmcnt not to la roximaicl -'~. -five y~rs of operat,n~ capacity, consistent turf t e evelopment p a,p an cslgp crlteria~de~~,,,,ed jA the facility plan.' Tho original and subsequent plans must incorporate the design of lcuchate manag~crten4 and other environmental control facilitiu. The engineering pine shall conttin a leport.and a set of drawilgs'which ' consistently represent the engineering design. ! '~ ' .t (d) An engineering t'eporl must contain: _ i , . (1) 'An atlalysis of the facility design that conforms to: - • (A). The standards for too foundation and the base liner sysi<m satfoceh in Rule .1624 Qf this•Section; (B), Tho standards for.the cap system act forth in Paragraph (c) of Rule .1627 of ttiis Section; and (C), TI1e standards for the Icachate storrge faci(iti~ sot forth in Rulc .1630 of this Scictton. ' (2) :A:summary of the facility design that includes: , (A)' A discussion of the analytical methods used to evaluate the d:aiYn; (B). Dofiaitioa of rho critical conditions evaluated and assutaptions made; I i' ': (C) ~ A list of technical refere¢ces used in rho evaluation; sud" ' '.~ ' I ' (D) Complccion of any applicable Location rcaLictiorl dcmonstrafions in accordance with Ffuln ._1622. of this Section. ~~ ' (3) 'A`description of the materials geld construction practices that conforms to .The rcqui I cnLi su forill ' ~in Rulo .1624 of this Section, aad'is CozLSistent with'thenaalysic of thnfar:iliry designp(cparcd in 'accordance with this part, ii. ' (4) A copy of rho Design Hydrogcologie Report prepared in accccdaacc with Paragn~h (b) of Ru1o '.1623. I :~ ;, . (e) Engineering drawings reuse clearly illustrate: _ , (1) :Existing conditions: site topography, feanttes, existing disposal areas, toads, buildings; • (2) :Grading pleas: proposed lialics of cxcsvatioa,•subgrnda tlevatioas, boring locatio s, int~rmcdiatc 'grading for partial construction; ~ . ~i , (3) •Baso liner system: grades for rop of composite li.acr, slopes, anchor configuration, 1' er pcactrltiozt ' .locations and dcL~ils; i ,, (4) ;L,ccohata collactio¢ system: bue elevations, piping systecl gt-..da End inveru, el outs, valves, • ;sumps, top of protective cover clcvntioas,_ and details; ' :: (S) ~Stormwatcr segregation sysicm: location uld detail of feature:; ~• ' . (6) :Cap system: base and to elevations landfill' 1 ~• ' p gas collation infiltration barricr1 surfaco water , •temoval, protective and vegetative cover, and details; 1, ('7) `Temporary and permanent sedimentation and erosion control plans; i ~ ~~ , (3) • Vertical separation rcquirttnc¢ts incorporaling boring lacataoas, cross •sections, tholmap'~ prepared ; ~iri accordance with Rule.,1623 t ' (b)(2)(>7 and (~ of this.Scctioa, and rho grading plans; and , (9) 1Additioaal, engineering feaitlres and details. !i ~ :~ History Notc: Statutory Authority G. S, 130A-294; .. ; ~ I ~~ ; ' E.~ October 9, X993. '' i 1 ;: ,' i ., .1621 CONSI'XtUCT70N QUALITY ASSURANCE P)<.AN t ~ e. (n) PuipQsc. The construction quality caatrol and quality nssuranco (CQA) plan muit describe the observations and tau that will be used before, during, and upon completion of construction t~ ens~ire that the , construciion'matcrials,meet rho design speciflcndoas and the construction and crctifiration t~cqutrements sei cn Rule .1624 of this Sectio¢. The .CQA plan must also describe the procedures. to ;casaie'that the 4~~-it}' of lba landfill systews will be maintained prior to waste p[accmcnt. ! :~ ' . , it ....: ._~....: Page IS : ...-_.,~ . • _ NHC ENVIRONM. t•tl.t1T• 1 9103414371 • EgNR -SOLID YPA,STE 31<iNAGF.~NT ;. _ 10!09/93 • P_, t@l6_ r i; (b} -For construction of each cell, rho CQA play shs11 intrude, but not be limited to: ; (1) Responsibilities sad authorities. She plan shall establish ztspansibilities snd autJlorities for rho construction management organizs!ion. A pre-construction meeting shall be coaducteci pIIOr to bisgianing coastruehoQ of the ba9c liner system foe a ucw cell. T)so nxccting ~liall include a discussion of eha construction piaragetnent organi: anon, respective duties during ~astrUcgon, and periodic reporting requiivmont8 for test zesults and construction acfividcs. i :; (2) `. Inspection activities, .4 description of all field• observations, tests, cquipnt~nt, iaslibrsdon • pioccdures'for &cld testing equipment that will be used to ensure that the cdnstrµctioa and installation meta or exceeds all design criteria aublishcd in accordance with Ru1rt :1620 and .1624 oP this Szciion must be presented. In the CQA plan. ' • _' (3) ~ 9ampling strategies. A description of all•sampling protocols, sample sizo, methods ~oc dctcc¢rining 'sample Iecatioas aud•frcquency of sampling mtut bo presented in the CQA plan. ~ ~i • (4) ~ Documentaaon. Reporting'requircmcnts for CQA tutiYitics must bo described in dctatl ~ the CQA plan. Progress and troubleshooting meetings, daily and monthly, must be addressed to tha plan and , `. rho contents of the meetings must be documented. j !! t: N~rtory!rVvte: Statutory duthoriry G.5 130A-?94; ) ;; • • Fff• October 9, 1993. ~ ' `' , ~: .162? LOCATION RESTRICTIONS >;:OR MSYVI,F FACII.,ITY SIT~IG f: • MSNLF units shall~comply with the siting criteria set forth in this Rulo: In order to deatonsti••ate ctompliance ' with specific criteria. documentation or npproval by agencies other than the Division C Scald Waste Managcaicnt may be required. The scope of demonstrations including design and coastructi n peFforwance shall be discussed in a site study and completed ht the permit application. (1) Alrpot: Safety. 1 ;i (a) ;Anew MSWLF unit shall bo locstcd no closer than 5,000 feet front any airport ru way~used only • . by piston-powcrcd'rirornft and no ~closcr than 10,000 •fcct frorn•~any runway u~cd bjr.Wrbinc- powered aircraft. j ' (b) ;Owners or opcrstor9 proposing to site a now MSWr,I= unit or Intern! expansion within a five•mile • radius of any aiiport runway used by turbine-po~+•crul or piston-powered aircraft~shnll~notify rho ' affected airport: sad tho Federal A~~ation Administration pcioc to submitting a pci`niit application . ~: to the Division. '~ • (c) :The pertnittcc`of any C.vsting MS'NLF unit oc a lateral expansion located within ,004 feet from•~ any airport runway used by only piston-powetcd aircraft or within 10,000 foes from any xvnway • used by turbine-powered aircraft shall demonstrate lLat ttte existing MSWLF unit ~oes Dot poso a c ' bird hazard to aircraft. The owner or operator shall place the dcmoostratiorl is tht, operating • record and notify the Division thst it has been places is tha operating izcord• f' (d) ~ For purposes of this Paragraph: i '~ (i) • Airport means a public-use airport opcq to the public without prior pcrmiss~on and without ' ,restrictions within the physical capacities of the available faciliti:s. •' (ii) ~ Bird hazard means as increase in the likelihood of blyd/aireraft collisionx tb,at may ea}tse damage ; . to the aircraft oc injury to its occupants. ~ t' (a) New MSWL.F units, existing MSWLF uniu, and lateral expaa;ions shall -not be rotated in 100-year • floodplairs unless the owners or opctatots dcmonstratc that the unit will not restriui tho~tTow of the : 100-year flood, rcduco rho temporary watet storaEe•capacity of the floodplain, or rzsult in wa,hout; of solid waste so as to polo a ho at•d to hump health nerd the environment. I ' j'~ , '~ (b) For purposes of this Paragraph: i !~ - ~) "Floodplain" means the lowland sad relatively flat rues adjoining inland anti coastal W:ttets, including flood-prone arras of offshoro islands, tLat arc inundated by thn 100-ear Mood. (ii) ' "100-y~s.r flood" mesas a flood that his a 1-percent or gtratcr chance of trxurrfng in any Liven ' 'year or a flood of n magaihido equalled or txcceded once in 100 years on th¢ avcragz oYK a: . '. significantly long period. i~ . (ii) . "Washout' means tha carrying avrry of oolid wa;tn by waters of the base flood ~~ ~ , 'Wetlands. i ;: ~~' ~ ~3) _ ~ ~ 23 '' ' ;i i l: i Page 1 .::'.. utzaFr ~ NORTH CAROLINA NEW HANOVER COUNTY New Hanover County Contract # 96 - 0254 ,. AGRE~vtENT . ~. _ M. THIS CONTRACT, made and entered into this day of ` 1996, by and' between NEW I-iANOVLR COUNTY, a political subdivision. of ~ the State of North Carolina, hereinafter referred to as "County'; and POST, [3UCKLE~C, SCHUH & JERNIGAN,~ .INC., a foreign corporation authorized to transact business in North Carolina, hereinafter~referred,to as "Consultant"; WITNESSETH:~ That the Consultant, for the consideration hereinafter fully set out, hereby agrees with the County as follows: ~ . 1. Scope of Services. Consultant shall perform the following services for County: develop plans and specifications and obtain a permit`from the North- Carolina Department of Envirionmental Health & Natural Resources, Solid Waste Section for the construction of Cell Number 4B"at the New Hanauer County Landfill and perform -the work defined in the attached Scope of Services, marked Exhibit "A" consisting of four` (~) pages all' of which is incorporated herein by reference and made a part of the within contract. ,~ '2. Time of Performance. Corsultant shall commence the work to be performed under this contract upon, execution of this contract, and shall submit all ~ ~ .4' final "construction drawings, specifications and cost estimates wittun ninety (90) calendar days after the Notice to Proceed. ,3. Payment. ,.County hereby agrees to pay to the Consultant' on a monthly basis for. the full and faithful performance of this contract, subject to additions and deductions cis provided for in the project specifications and bid proposal, and in accordance wi h the prices as set forth, and subject '(o any additions which may be due under paragraph. 4 of this contract, in lawful money of the Uriited States, as 24 .. New Hanover County Contract # 96 - 0254 follows: Engineering fees for completion of task as defined in the attached scope of services on a percentage completed for each task not to exceed Thirty-Seven Thousand Ei ht Hundred and -One Dollars ($37, 831.00). 9 ~~Y 4. Extra Work. County and Contractor shall negotiate and agree upon the value of any extra work prior to the issuance of a Change Order covering said extra work. Such Change Order shall set forth the corresponding adjustment, if any, to the Contract Price and Contract Time. 5. Indemnity. Consultant shall indemnify and hold New Hanover County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Consultant hereunder, resulting from the negligence of or the willful act or omission of Consultant, his a ents, em to ees and subcontractors. 9 P Y ,~ 6. Insurance. Consultant shall maintain insurance from companies licensed to write business in North Carolina and acceptable to New Hanover County, ~' of the kinds and minimum amounts specified below. 7. Certificates and Notice of Cancellation. Before commencing work ~~ under this contract Consultant shall furnish County vnth certit~cates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration dale of all policies, and shall contain the ,. follov~ring statement: The insurance covered by this certificate will not be cancelled or materially altered, except after thirty (30) days '~ written notice has been received by County". 8. Workers Compensation and Employers Liability Insurance. Covering all of the Consultant's employees to be engaged in the work under this ~o~tract, providing the required statutory benefits under North Carolina Wor}~~ s - New Hanover County Contract # 96 - 0254 ("~ Compensation Law, and employers liability insurance providing limits at least iri the 1~ amount of $100,000/500,000/100,000. applicable to claims due to bodily injury by accident or disease. _ ~ : . - 9. Commercial General Liability. Including coverage for independent contractor operations, contractual liability assumed under the provisions of this conkract, products/completed operations liability and broad form'property damage liability insurance coverage. Exclusions applicable to explosion, collapse and' underground hazards are to be deleted when the work .involves these exposures. The. policy shall provide liability limits -at least in the amount of 51,000,000 per occurrence,' combined single limits, applicable to claims"due to bodily injury and/or property damage. fVew Hanover County shall be named as an additional insured under this policy. 1'0.: .Automobile :Liability Insurance. Covering all owned, non-owned and hired vehicles, providing liability limits ~at 'least in the. amount of 51,000,000 per occurrence combined single limits applicable fo claims due to bodily injury and/or property damage. ~l 1. Professional Liability insurance.. The Consultant will be required to take out and maintain Professional Liability'Insurance providing liability insurance limits at least in the amount of $1,000,000. The Consultant will be required to maintain this coverage, if available to him, for a period of at least two (2) years beyond the completion date of this project. 12. Independent Contractor. It is mutually agreed that Consultant is an independent contractor and not an agent of the County, and as such the Consultant shall not be entitled to any County employment benefits, such as, but not limited to, vacation,. sick leave, insurance, workmen's compensation, or pension and retirement benefits. 26 ~ New Hanover County Contract # 96 - 0254 13. Default and Termination. If Consultant fails to prosecute the work with such diligence as will insure its completion within the contract time, or if Consultant .breaches any of the terms or conditions contained in this contract and fails to cure ~' said breach within fifteen (15) days of County's mailing of Notice of Default, County may terminate this contract forthwith. Upon termination, County may, without prejudice to any action for damages or any other remedy, take the prosecution of the work out of the hands of Consultant. County may enter into another contract for the com letion of the contract or use such other methods as m be re 'red p ay qw for the completion of the contract. County may deduct. all costs of completing the contract from any monies .due or vrhich may become due to Consultant. In the event this project is terminated prior to completion of the services by the Consultant, the Consultant shall be paid for services performed to the date of termination. In no event will the amount due Consultant in the event of termination exceed that amount se t forth in paragraph 3 of this Contract. Nothing contained herein shall prevent the. ~- County from pursuing any other remedy which it may have against Consultant, ~, including claims for damages. 14. Norlvraiver of Rights. It is agreed that County's failure to insist upon the erformance of an p y provision of this Contract, or to exercise any nght based upon a breach thereof; or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Contract. 15. Conflict of Interest. No paid employee of the County shall have a personal or financial interest, direct or indirect, as a contracting party or otherwise, in the performance of this Contract. 16. Subcontracts. The Consultant shall utilize no subcontractors for carrying out the services to be performed under this Contract without the written approval of the County. f 27 New Hanover County Contract # 96 - 0254 17. Entire .Contract.- This'contract constitutes the entire understanding of the parties. . ~ ~ _ . I8. .Binding- Effect. This con-tract shall-'be binding upon the parties hereto, and. their'heirs, successor``sr~executors, administrators~and assigns. _ . 19. Further Actions. ~ The parties will make and execute all-` further instruments and documents required to carry out the purposes and'' intent of this contract. .~ ~ . 20. tnclusive'~Terms. Use of the"masculine herein'shall include~tlie~feminine and neuter, and the singular shall include the plural. `" 21: Governing Law. All of the terms and conditions ~contcrined herein'shall be interpreted in accordance v~ith• the laws bf the State of North Carolina. . ~ ~ - 22:-• . Notices: All notices required Hereunder #o be sent to either party shall be sent to the folfowing:designated addce'sses, or to such-other address or addresses' as may hereafter be designated by either party my mailing of written notice of suck change of address, 'by Registered Mail, Return Receipt Requested: ~ ~ - To County: - . '~... New Hanover County ~ a _ _ Attention: Ray Church, Director . .' ~ Environmental Management 3002 U.S. Highway 421 North ~~ -:- ~ V~/.ilmington; North Carolina-28401 - ~ ' ` ' ~ ~ . To Consultant: ~ :~ - . Post, Buckle ;Schuh & errii - an Inc`:` - ~ `- ~- _ Y 1 g , Attention: Robert E. Mackey, P.E. . ~Winler Park Plaza, Suite 700 ` 1560 Orange Avenue Winter Park, Florida 32789 23._ .Assi~{nability. -It is mutually agreed by the parties hereto that this contract is :n'ot transferable and= shall not be assi ned b either 9 Y party without the written consent of the other party to this contract. - ?_S :~ New Hanover County Contract # 96 - 0254 24. Amendments. This Contract shall not be modified or otherwise amended except in writing signed by the parties. 25. Non-Discrimination. Consultant will take affirmative action not to ~' discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the program which is the subject of the contract because of race, creed, color, sex, age, disability or national origin. To the extent applicable, Consultant v~ill comply with all provisions of Executive Order No. 11246 the Civil Ri - ghts Act of 1964 (P.L. 88 352) and 1968 (P.L. 90-284), and all applicable Federal, State and local laws, ordinances, rules regulations, orders, instructions, designations and other directives promulgated to prohibit discrimination. ~ Violation of ibis provision, alter notice, shall be a material breach of this Contract and may result, ai County's option, in a termination or suspension of this Contract in whole or in art. P . IlV WITNESS WHEREOF, the parties have hereunto set their hands and seals, the day and year first above written and by authority duly given. NEW HANOVER COUNTY {SEAL} ATTEST: ' er tote oar o ert 'veer, 'airman Board of Commissioners 29 New Hanover County Contract # 96 - 0254 POST, BUCKLEY, SCHUH & JERNIGAN, INC. {CORPORATE SEAL} - .. ~ ~ ... d ... ice esi ent ATTEST: ecretary This instrument has been pre- audited in the manner required by .the Local Government Budget and Fiscal Control Act. ounty finance irector NORTH CAROLINA NEW HANOVER COUNTY Approved as to form: ounty ttorney ~ ~ ~ ' 1, , a Notary Public of the Staie and County aforesai , cerii tat ucie ~ . acre 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 Chairman, Fred Retchin, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of .1996. .. Notary is My commission expires: 30 New Hanover County Contract # 96 - 0254 STATE OF COUNTY OF I a Not Public of the State ary and County afocesai certi y t at personally came before me this day and acknowledge tats e is ecretary o ST, BUCKLEY, SCHUH & JERNIGAN, INC., a foreign corporation authorized to transact business in North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by himself/herself as its Secretary. WITNESS my hand and official seal, this day of 1996. glary is My commission expires: f t 31 SCOPE-OF-SERVICES PROFESSIONAL ENGINEERING-SERVICES - ` PERMITTING, RE-DESIGN AND _ - PRE-CONSTRUCTION ASSISTANCE - - ' FOR CELL NO.4B OF THE NEW HANOVER COUNTY LANDFILL .. t~, INTRODUCTION In 1992, New Hanover County (COUNTY) contracted Post, Buckley, Schuh and Jernigan, Inc. (PBSBcJ) to develop the permit application and construction drawings for the expansion of the New Hanover County Secure Landfill. PBS&J proceeded to design Cells No. 4A and 4B with the proposed construction of these cells in the summer of 1993. Due to budgetary constraints of the COUNTY, only Cell No. 4A was constructed in the summer of 1993. - As of October 8, 1993, all newly constructed landfill cells must meet the minimum liner system requirements of Subtitle D Regulations, issued by the USEPA. These regulations require the liner systems of all new landfill cells to be composed of a composite liner system consisting of clay and geomembrane. The current liner system utilized at the COUNTY'S landfill is a double geomembrane with a geosynthetic clay liner underneath the secondary geomembrane. This type of liner system is used by the COUNTY because clay is not ready available in the area in or around the COUNTY. Although the COUNTY"s liner system meets or exceeds the engineering capabilities of a composite liner, it is not recognized as an equal liner by USEPA under the Subtitle D Regulations without an "equalivancy" analysis. - North Carolina's Solid Waste Regulations correspond strictly with the Subtitle D Regulations, however, no provision was included to consider the use of alternative liner systems. It is the intent of this Scope-of-Services to either petition North Carolina's Solid Waste Section of the Department of Environment, Health and Natural Resources (DEHNR) and USEPA for the acceptance of the COUNTY'S current liner system (with slight modifications requested by USEPA and DEHNR) or utilizing the current Cell No. 4B II layout re-designed with a composite liner system. TASK 1: SURVEY The ENGINEER shall have a topographical survey performed on the area of Ce114B. The survey shall include the area from the western access road to the eastern access road. The survey shall also include the southern edge of the Ce114A; TASK 2 PERMITTING 32 ENGINEERS Projector Director and Project Manager will travel to Raleigh, North Carolina ''~" ~ ~ to meet with DEHNR. The purpose of the meeting is to discuss the procedures that New Hanover County will be required to performed in order to permit Cell No. 4B with an alternative liner system design. The ENGINEER shall review the previously submitted New Hanover County Secure Landfill Transition Plan and past hydrogeological reports in preparation for the meeting. This preparatory work should include a proposed approach for `' permitting an alternative liner design in the State of North Carolina. 2.2 ENGINEER will develop a permit application to DEHNR for the construction of Cell No. 4B with an alternative liner. The permit application shall be based on the calculations and approach developed in meeting with DEHNR. TASK 3 RE-DESIGN The following task assumes that the current Cell No. 4B.design will require some modifications. Task 2 was developed to have the current Cell No. 4B design accepted with orily slight modifications. IfDEHNR will not allow a petition to accept the current liner design, the budgetary amount set for Task 2 could be used to offset the cost for additional design work and drafting for a composite liner. 3.1 ENGINEER will re-design Cell No. 4B to include the contours and components necessary to meet the requirements of the permit application (double liner or composite liner). At the time the development of this Scope-of-Services, it is assumed the following sheets may require minor or major modifications: • Secondary Liner Base Grading Plan, • Cross Sections, • Sections and Details - 1, Sheet 5/14, Detail 1, and • Sections and Gravity Line Plan. It is assumed that other design sheets of the current Cell No. 4B design will require only slight modifications to prepare them for the permit application. 3.2 ENGINEER will develop a cost estimate for the Cell No. 4B Construction Project. TASK 4: LINER SYSTEM CONSTRUCTION QUALITY ASSURANCE PLAN ENGINEER will revise the current Construction Quality Assurance (CQA) plan as required under of the North Carolina Solid Waste Management Regulations, for materials used in construction (i.e. synthetic liner and/or clay component). The plan will cover the components of the liner design including quality assurance practices to be utilized during the delivery and installation of the liner system. ~ 33 f TASK 5: CONSTRUCTION BID DOCUMENTS REVIE~V ENGINEER will submit to COUNTY six (6) draft copies of the bid documents for review and comment at the 90 percent partial completion milestone. COUNTY departments including solid waste, purchasing, risk assessment, and attorney will review and comment on the submittals. After receipt of written comments from COUNTY, ENGINEER will complete and submit six (G) copies and one (1) set of reproducible drawings to the COUNTY. TASK G: BIDDING ASSISTANCE ENGINEER will provide construction bid documents to each prospective bidder for anon-refundable fee. ENGINEER shall retain collected fee to offset the cost of printing, postage, and document clerk. ENGINEER shall review bids submitted ~to the COUNTY for the -Liner System contract and- will prepare a letter of recommendation of the lowest, responsible bidder. H:1ENV~WASTEMA~`r1\EWHAN0VISC0PE4B. 34 ~. ~ N O) m N 0 3 N N 00 YT O O ~~ N h h ~.; h ~ Q N vi 4O U~ a m ~I. '~~oa ~: '~. U 2 O z ~ ~ w d ` ,~~ H U ~ N U W } ~ W O C Y d U 7 0 N O ' a ~~ ~i ~ fL' 0 s 5 0 ~: U ~ c Z i t 2 Y j d k o 0 y V 3 9 ~ ~' GG 9 c C m ygry[ o d Y = © O ~j Z Z N ~• tl U 1 ~; YU O YO ;EE,E ~ 7 N :ZZ ~. ' U U O i C YU N ~ O O ~ ;v a` a` o ~~ W H QmQ ~ ..J h ~.m ^ m ~ N~ m p 'm .N '~ A ~~ OI KI N:m f1'~ r 1~..N N ~ .O O O O O 'N M N N N O M p N ~ m m Uf O . m ~a~n NX 0 0 0 0 0 0 I - ~ x' J y N , I o= a I Y .. oo °„°, ~°~° h ~- ^: m O m n N N ^ ^ ^ O N ya.^r ^I 1'1 p O O3 I ~ Y C y NI v H~p ~ ^ -~-mm.r ~N~nl ~ '-" f~~ m ~ O « ~ o N _ ~ I Y n ~ m ~ q n °c ~ .. I N i <;a m .J I ! ~ I '' j P ~g II • m •i-..r ~~ N rn~ N ^ ry O O ,I m; N ^. b ' ~ q ~ N~~ ~ a h N' ' Y d V ~ N ~ N N ~ < 1 9 i, U li Y N N m m ~ ~t O O ~ ID: m ~ N + Ol n ~ ~ Y.o N a ~ r `~1 N;U ~~ H W 1; I ` I ~ `[ 1 { ' ~ ~ i f ~ t ~ N N o m g o .' mr rn N _ _ o o i v+ ~I ~ ~ .. _~ N i ~ ~o . m. ~O N N 1~ . o . ri~~ ~ ' N . 9 ~ ~ ~ r. ; .a.. 8 0 v ~ R a ~ 'i _ _~m ~m °» ~.m N ~ ~ ~~ ny ~ „ ~ ^ N ~ M ~a d ~ d Q' O ^ ~ N ... o» ~^~^ ^i ^ ~_ N NiZ ' ~+ E Y12 u N.W o F O ~ ~ J a. u H ~ f6.. N ~ > ¢ a N 1-~ ~ 1 O `u N o N W O -1. ~' m ~ O~KU ~ K yY V t p o? O m O p u V O N V qP ~ C~ C =~ 'O C C C O i Or O i Y j u `u F '° ~ 6 K~ W W '° Q O Fi Q u 3 c c O c q O O W o~ B ~ uIp o ~ a" ~ ~ a ~a`c>aYnwW c)oin»?ainaoYn~ 5 Tltis pa; e i~rfe~rtionally left bla~ilti :~ i~ REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: 6 Consent Item #: Additional Item #: Department: Environmental Management Presenter: R. Cl~urch/J. Hubbard Page Count In Agenda Package: Contact: Ray Church SUB.IECT: Status of WASTEC Facility and the Environmental Management Fund 'n BRIEF SUMMARY: 1! WASTEC Plant Manager John Hubbard will make a presentation on the operational and financial ;~ status of the WASTEC Facility by fiscal year and calendar comparison. Director Ray Church will discuss the overall financial status of the Environmental Management Fund, impact of growth on the Department, and status of projects under the department's direction. RECOMMENDED MOTION AND REQUESTED ACTIONS: No action necessary. :~ FUNDING SOURCE: Federal S: State S: County S: User Fecs S: Other S: ittoney Is In Current I3udgct: New Appropriation Request: [3udbct Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: 'UUIVTY MA A F MMENT D RE MM DAT N Hear presentation. _ ~2TEb O t'~! U 1) td ~ tf ~ ti pi~a..• !~:I. ib `x~ /?Dr `~/1A fllt Yp'(yt t+'~i~R(° !~1 ~~a,lq d [7 N6r aYir UQL~Y~\~y_~~~u~~^y~ +~ t (r to ~5 (a ~itt~.~ 3 7 t35~bo..~..,.,, ..,,,.,,,,~ { Refer to Office Vision E3ulletin E3oard for Disposition ~~ -~~ ~~% /~~ -~~~virenmental Management Fund Projected Revenues ~ Expenditures for Fscal Year 1898 Revenues: TiPPing Fes -Landfill $ 1,74'~,b59 Tipping Fes - WASTEC 3 8 • 4 Total Tipping Fees $ 5,607,623 Steam Saes 432'972 Elecb•icity;Sales 1,191,512 Other Revenues ~80'D00 Total Revenue Debre Transfer 7,512,007 .Transfers: 3,404,293 ' Fund Balance 284'889 $• 11,181,189 Tgiat Revenues i. Salaries 8~ Operating Capital Benefits Expenses Outlay' Total Ixpenditures: Landfill $'(90,000 $ 80$,282 $ 15,000 $ 1,008,282 Administration `320,000 98,784 18,000 374,784 Recycling158,000 134,1@8 0 292,188 . wASTEC Admini$tration 250,000 550,458 300,000 ' 1,100,466 _ ' ~ Debt Service 0 3,842,710 4 3,842,710 operat;pns 1;1ao,0oo s1a,880 0 1,718,880 Maintenance ~5?.5.000 12 0 18 00 yi Total WgSTEC 1,875,000 ~ 8,297,046 300,000 8,472,046 ~ 1' ~~ ~ Fund Balance Total Expenditures 2:543,000 284,889 7,53@,168 333,000 10,412,169 ~ '10,412,16,9 • $ 7~9,0~0 Excess ~2evenue aver expenditures _~___.._.._..__.. TEC Performance Comparison W ASTEC: 1994 vs 1995 ' CALENDAR YEAR i 1994 1995 " :% DIFFERENCE TOTAL STEAM PRODUCTION (POUNDS TIMES 1,000) 498,863: 645,345 ~ 29.4 'TOTAL REFUSE BURNED (TONS) ` 79,502 113,712 : 43.0°6 TOTAL STEAM EXPORTED TO ARCADIAN i 125,698 126,1]] i 0.3 TOTAL ELECTRICITY GENERATED (M,W h) 19,267 30,022 ': X5.8 -TOTAL ELECTRICITY SOLD TO CPdcL (M W h) 13,58' ' 23,129 : 70.3 OVERALL BOILER ON-STREAM TIME (PERCENT) 60% 76% i 16.8 % TOTAL NATURAL GAS USAGE (CUBIC FEET TIMES 1;000) 16,900 '. 25,310 -5~.5 % '-TOTAL W ATER USAGE (GALLONS TIMES 1,000) ............................_...._..............................._...................._.........._..........i..._ ......._.. ................ . . .... . .... . ... . 39,205 ...__.............._.... 35,693 _....._.._. -9.0 % »...._........................................__... ... ........ . ........ . . . ..... .. . . TOTAL LIME USAGE (TONS) ~ 1,485 ': ],531 3.1 !TOTAL CAUSTIC USAGE (TONS) 155 152 -1.9 TOTAL SULFURIC USAGE ~ 49 46 ~. -6.1 'TOTAL SULFURIC USAGE (TONS) ttl 82 26.1 .TOTAL NOXOUT USAGE (GALLONS) 52,600 8],994 ~ 55.9 Environmental Management 2 1 ~" TEC Projects Completed FY 95 / 96 PROJECTS Environmental Management TEC Projects in Progress FY 95/96 PROJECTS IN PROGRESS Provide sufficient volume of firefighting water_to support firefighting syste _ Upgrade entire Forney (DCS~system~_ ~ _~:~_,_.___~~~__._. __._______. Install remote drum level indicators on all boilers Replace economizer tubes in #2 boiler Install rotary feeders under EP hoppers Examine entire.power.distribution.system:and make corrections as necessary_ Provide hot dry air to EPs Refurbish all brake assemblies on cranes Environmental Management 3 2 cted vs. Budgeted Expenses ~;g&~~ ~~ ~~~1~a~ ~[ ~ B~dgdai i Rcje~l % Ormge Bidgemi ._......-.;._..... AOI~ % C7rmge .._._.._.~.;.....-.__._..._.-.. &dgedd _......._..._..........._.. Proja#xl % Orvige _....__.....__.._.._.._...._..._... __Y.._-_...._....__..__....._.-_.. I vidfill ..__._.--_.._...._.~.__ $ 202782 ", $ ____...._...._.._ 190,000: _ _._-..._. b3% .---.._._.. $ 1,107,106 j $ 803,282 ! -D.4% ~ $ 12.2.000: $ 15,000 57.7% Fldmlushation 373,505 ; 321,000 143% 47,790; 36,784 -23.0% 20,000 18,000 -10.0% Raveling 160,298 ' 753,000 -1.4% 202,092: 134,168 i 53.6% 8,330 - 0.0% ........iS/xoml .............. 8 736,585 ! $ 664,000 93% $ 1,356.988 S 974,134'; -282% 3 150,330 S 33,Q70 -78.0% WASILt= ;ekininistration 280,753 250,000 -11.0% 484,027 550856 ~:~ 13.7% ~ 464,200 3W,(X70 -35.4% :Ikbt~ae :: 0.0% 3,842710 , 3$42710 0.0% - 0.0% ~C~eati«u 1,2tti,771 ~ 1,100p00 $6% 877,996 616,830 -29.7% 7,000 -- ' 0.0% Nlvn~arce 561,172 ~ 525,000 ' {i.4% 1,287$32. 1,287A00 : ..........0.0% - ' 0.0% -~....i TatrilNL457EC 3 2045,696 5 1,875,000: 53% S 6,492,375 $ 6,297,046 -3.0% 5 471,200:5300,000 -363% Tdn4Exlartiboes 5 2782787 52543,000 5.6% $ 7,849,303 S 7,271,780 ' -7,4% 3 621,530 !. 3 333,000 i -1G.4% ~: Fwd Balar~ - - 0.0% 264,889 ~: 264,589 ~ 0.0% ~0.0% Environmental Management 5 3 r New Hanover County Department of Environmental Management Environmental Management Fund Method of Determining Fiscal Year `95/'96 Projections Revenues WASTEC Tip .Fees -doubled first six months receipts Steam Sales -doubled first six months receipts Electrical Sales -doubled first six months receipts Landfill Tip Fees =doubled first six months receipts Other -doubled cash collected to date and knowledge of last year's receipts Expenditures Administration .Salaries and Benefits -doubled first six months expenses Operational -doubled first six months expenses Capital -actual expenditure, no additional expenditure expected Recycling Salaries and Benefits -doubled first six months + 2% Operational -doubled first six month expenses, added $40,000 to cover City processing contract Capital -none Landfill Salaries and Benefits -doubled expenditures to date, added 8% Operational -Expenditures to date less Insurance and Contracted Services, doubled sum, added $330,000 for Cell 3A closure contract, added actual cost for other improvements ($8,282), and anticipated cost for pole building ($15,000) Capital -anticipated expenses for lab equipment page 2 WASTEC Administration Salaries and benefits -doubled expenses to date, added 3 Operational -expenses to date less debt service and '/2 of Insurance, doubled sum, then added 1/2 of Insurance back in to cover additional.Insurance premium Capital -encumbered $150,000 for Forney DCS upgrade (contract approved) encumbered $150,000 for fire water protection (Engineering estimate) Maintenance Salaries and benefits -doubled expenses to date, added 5% Operational -committed budget amount Capital -none Operations Salaries and benefits -doubled expenses to date, added 2.5% Operational -doubled expenses to date Capital -none ,_ exit vs. Budgeted Outlays Environmental Management ary of Expenses to Date 1 ~~~. 5alar~&>~~ ~~g ~~~ __ Brdgekd Athnl / Oumge &dgeMd Achal' / Oumge ~. _ .. Butgemt t ____Athal+ / Oumge glaldtilf $ 202,782 '. $ 87,454: 56.9% $ 1,107,106 ~ 339,641 ~ b93% $ 122,000 ' S 12,481 $9.8% ~rldrrirdstration 3'7,1,505 762,412 -56.5% 47,790 ~ 18,468; fi1.4% ?0,000 ]8,311 ' -8.4% ----.-•_...- --.._... Recyclurg-- : ._ _..___.___., 'I60,298 .~-_..___._.._.---- 7J,553 ._...._. _ -51.6% .------ 202092 ; 47,205 -76.6% 3,330 - 0.0% _... __. Srddolrrl $ 736,585 ': ~ $ 327,419 ' i -55.5% . . $ 7,356,988 ... ................ { $ 405,314 .. ......... ..-_.. -70.1 % ........._ $ _. 750,3.10 .._..-- -.__. 530,52 .._._. ... -79.5% _.................... ....................... ..... :WAS-I'13r: . ......._ ......_. ._ . _ ... .. . 'Adirnnistratio 280,753. 121,970 ~ 56.6% 484,027 344,508 -78.8% 164,200 ~ 10,232 -97.8% ;IJebtService - - 0.0% 3,842,710 : 1,965,847 4. -18.8% - - 0.0% <Clpeatiore ~ 1,200,771 ' >16586 -55.4% 877,996 ~ ~ ~ 303,441: ~~ ~~ ~ fi4.9% 7,000 - 0.0% ~~~-~~~~~Maintmarce 561,172 ~(i,348 '. 543% 1,787,582 566,419 -327% - - 0.0% ~SrJ~td WASIEC ~ $ 2,045,696 :5 914,904 ~ ~ -55.3% $ 6,492,315 : $ 3,485,215 -}G.3% $ 471.200 5 10,732 -9Z8% ~~~~~~~ Trial Etyerdihoes $ 2,782,181 `, $ 7,242,323 -55.3% $ 7,849,303 ; $ 3,890529 ~ 504/ $ 62],530 5 47,024 -93.4% Frail 13alarce ~ ~ ~ ~- _ - 0.0% 264,889 ! 264,889 0.0% - - 0.0% Environmental Management 2 1 ~"- cted vs. Budgeted Expenses Proiected vs. Budeeted Expenditures for Fiscal Year 1995/6 c Budgeted I . Projected % Cbnnge :Landfill S 1,431,888 ` $ 1,008,282 -29.6 % -~ :Administration 441,295 ( 374,784 -15.1% :Recycling 370,720 i 292,168 -21.2% ~Subtatal $ 2,243,903 ~ $ 1,675,234 -25.3 W ASTEC: Administration ..................._........... .............. ......1.,228,980._.;.............. ........_1,10.0,456.....x.. ................-1.0:5..% . Debt Service .................................... _...... .. .. .. . . ............. 3,842,710 ~ ........................................... ................ 3,842,710: ............................................:.. 0.0 % ........................................ .................... P........... .. . .... .. . O erations , 2,088,767 '; - ~~ ~ 1,716,880 ! ~ _-17.8 ~ Maintenance ' __.__ ~ 1,848,754 ' 1,812,000 y -2.0 % ~ Subtotal WASTEC $ 9,009,211 $ 8,472,046 -6.0% Total Expenditures $ 11,253,114 j $ 10,147,280 i -9.8% Fund Balance 264,889 I 264,889 0.0 Net Budget Expenditures $ 11518,003 i 10,412,169 ' -9.6% Environmental Management mart' of Projected Expenses Proiected Expenditures f or Fiscal Year 1995/6 Snlnries & ~ Opernting Cnpitnl Benefits Expenses `, Outlay Totals :Landfill _:_-____._______._~ __ $ 190,000 $ 803,282: $ 15,000 v~_~___._~.._.-----__~........__~...__.._..W_...__.__ $ 1,008,282 _______._.----- . :Administration 320,000 36,784 ` 18,000 374,784 :Recycling 158,000: 134,168 - 292,168 W ASTEC: :Administration 250,000: 550,456: 300,000 1,100,456 :Debt Service - 3,842,710 - 3,842,710 ;Operations 1,100,000' 616,880 - 1,716,880 :Maintenance 525,000 1,287,000: - 1,812,000 Subtotnl WASTEC $ 1,875,000 $ 6,297,046 $ 300,000 $ 8,472,046 :Total Expenditures $ 2,543,000 ' 5 7,271,280 ` $ 333,000 $ 10,147,280 Environmental Management 3 4 2 cted vs. Budgeted Revenue Comparison of Projected vs. Budgeted Revenue: 1 Projected ~ ~~ ;Tipping Fees: Landfill ` $ 1,741,559 ' $ Budgeted 940,000: % Change 35.3 ETippingFees: WASTEC 3,865,964 3,810,000 1.5% ;Subtotal Tipping Fees ~ $ 5,607,523 t ~ $ 4,750,000: 18.1 % Steam Sales 432,972 ~ 315,360 37.3 Electricity Sales :........._.._..._ .............._..................._...._..........................._._......... _............. ~OtherRevenues 1,191,512 ~ ...__......_................................._ ....3.......... 280,000 i 2,285,242 233,330 X7.9% _.........._........................ 20.0% ;Fund Balance T 264,889 ' ~ 264,889 ~ ~ 0.0% iSubtotalbeforeTransfer~ $ ;Transfer 7,776,896;" $ 3,404,293 ~ _. ,7,848,821 ` 3,404,293: -0.9% 0.0% _...__._:..._._.._...~..___..~._._._...._.._._._...._...._r...._...__._...._. -Total Revenue $ , 11,181,189 - $ 11,253,114 -0.6% Environmental Management cted Budget Summary 5. Year ;Total Revenue ~ #Total Expenses ;Tip Fees $ :Energy Sales ~ :Other Revenue ~ 5,607,523 1,624,484 ' 280,000 ! :Landfill 'Administration 'Recycling S 1,008,282 374,784 292,168 :Fund Balance 264,889 ' ~ !Fund Balance 264,889 :Transfer ~ ~ 3,404,293 = . 1 ';WASTEC ....._......._ . .. . . 8,472,046 _.._ . ... _...........__ ....... Total Revenue $ 11,181,189 : .. . . _~ [ Total Ex enses p S 10 412 169 , Revenues in Excess of Expenditures S Environmental Management 6 3 TEC Revenue vs. Expenses ~iwe C'r'F!` iM,;o..~n.i Rn..n....uc vn Fv..nnrlih.rno FV9S/fi (Assuming 130,000 tans combusted. Also, see note below.) '.Revenues < _ ;Tippmg Fees -,__ $ 3,865,964 l .. ...... e ; ................. 'Steam Sales .............................._ .. . : .................................................................................... 432,972 {IIectric Sales 1 191 512 ! ! i ..............._..........._..._....._............. Total $ 5,490,448 ;divided by 130,000 tons _.................:..........:..._....._._.............................,.........._....................,.................................,.......... ...................... ' _! $ 42.23 ;per ton ;Expenditures _ __ _ -~- ---- ~_ iSalaries & Benefits $ 1,875,000 i Operating _ 2,454,336 i -.-- _ _ .-- ._._ ;Capital __._ ...-- . ---.._.____ __ ..._...-_ 300,000 Note: The entire :_....._:_. __.._.._.........__.._._.. ._.~_....._~..:_..._ ..............._........................__.;.~_._......................:..__._........_._....._. _.... amount of ash ~ ............. ,.......{._..._ ......._. .Total $„- _4,629,336 ,divided by 130,000 tons g r W.1.E ene ated by the __.............._': $ 35.61....t1er t°n..........._._.... process is used ! _______- ~ _ ~ beneficially either as ' ~ ' $ 42.23 r ton :Revenues 'P? i : e landfill daily cover, or ._.......__ ........................... _......... i ........... .............................. .............._.........................._.......... ............ . ............._.. ;Expenditures ! 35.61 ;per ton as roadbase material :Excess Revetues $ 6.62 ;per ton within the landfill cells. Environmental, Management Energy Sales $1,600,000 $1,400,000 $1,200,000 j $1,000,000 $800,000 $600,000 3400,000 $200.000 $D FY92/93 FY93/94 FY94/95 FY95/96 (Pral) { (Note: The FY95/6 Projecfion is based on revenue for the first 6 months.) ~ Environmental Management J 8 4 Total Revenues (Steam + Electricity) r age Monthly Energy Sales Average Monthly Steam.Sales Average Monthly Electricity - Sales $40,000 $100,000 $3s,ooo $90,000 $30;000 $38,906 $80,000 $70,000 ! $92,701 $25,000 l 7,220 $32 315 $60,000 $20,000 i , $50,000 $15;000 $30,163 $40,000 $30,000 556 266 $10,000 $20,00 $38,400 $5,000 $10,00 $26,61 ~ ~ ~ ~ rn rn rn rn ~ N ~ M ~ cr ~ .-. ' ~ 1 ~ ~ ~ ~ ~ ~ ~ y ~ ~ ~ v ~' r w ~s v ~ .. c w v -. Combusted Environmental Management 9 10 5 ~5.~~ Landfilled Environmental Management Received at Landfill (no ash) Environmental Management ~~ 12 6 Total Waste Stream Environmental Management e MSW is Managed Environmental Management 13 14 7 for the Past 5 Years Environmental Management 8 New Hanover County Department of Environmental Management ' Environmental Management Fund Method of Determining Fiscal Year `95/'96 Projections Revenues WASTEC Tip Fees -doubled first six months receipts Steam Sales -doubled first six months receipts Electrical Sales -doubled first six months receipts Landfill Tip Fees -doubled first six months receipts Other -doubled cash collected to date and knowledge of last year's receipts Expenditures Administration Salaries and Benefits -doubled first six months expenses Operational -doubled first six months expenses Capital -actual expenditure, no additional expenditure expected Recycling Salaries and Benefits -doubled first six months + 2% Operational -doubled first six month expenses, added $40,000 to cover City processing contract Capital -none Landfill Salaries and Benefits -doubled expenditures to date, added 8% Operational -Expenditures to date less Insurance and Contracted Services, doubled sum, added $330,000 for Cell 3A closure contract. added actual cost for other improvements ($8,282), and anticipated cost for poie building ($15,000) Capital -anticipated expenses for lab equipment page 2 WASTEC Administration Salaries and benefits -doubled expenses to date, added 3 Operational -expenses to date less debt service and '/2 of Insurance, doubled sum, then added '/z of Insurance back in to cover additional .Insurance premium .Capital -encumbered $150,000 for Forney DCS upgrade (contract approved) encumbered $150,000 for fire water protection (Engineering estimate) Maintenance Salaries and benefits -doubled expenses to date, added 5% Operational -committed budget amount Capital. -none Operations Salaries and benefits -doubled expenses to date, added 2.5% Operational -doubled expenses to date Capital -none ,. a' Agenda Item.#7; - ` '`'~' Tanuary 16; 1996 Y__..~-_-- ~ -~.:...~._.~ RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, North Carolina G.S. 130A-294 Section .1630 through .1637 requires owners of Municipal Solid Waste Landfills (MSWLF) to monitor groundwater in and around the MSWLF, and; WHEREAS, the sampling procedures and frequency shall be protective of human health and the environment, and; WHEREAS, the Department of Environmental Management has prepared a groundwater monitoring plan which has been approved by the North Carolina Department of Environment, Health, and Natural Resources, Division of Solid Waste Management, and; WHEREAS,' the plan causes the monitoring wells to be sampled and groundwater analyzed semi-annually, and; WHEREAS, the Department of Environmental Management developed technical specifications to perform groundwater analytical and sampling servic es and the foll owing proposals were received: FIRM 1st Year 2nd YEAR 3rd YEAR TOTAL National Environmental Tech. $22,000 $22,700 $23,500 $68,200 Richard Catlin & Assoc. $15,366 $16,134 $16,941 $48,441 Resolve Environmental $14,985 $14,985 $14,985 $44,955 Environmental Investigations $12,400 $12,400 $12,400 $37,200 IEA, Inc. $12,070 $12,070 $12,070 $36;210 Babb & Associates $17,300 $17,300 $17,300 $51,900 Law Engineering and Environmental $18,268 $18,630 $ ~ 9,000 $5,898 WHEREAS, IEA, Inc. submitted the lowest responsible bid of $12,070.00 per `year for the next three years for a total cost of $36,210.00, and; WHEREAS, the Director of Environmental Management and the County Manager recommend that a contract be awarded to IEA, Inc. in an amount of twelve thousand seventy dollars ($12,070.00) per year for a total of thirty-six thousand, two hundred ten dollars ($36,210.00) over three years, and; y~~ q 0 =~ t °~~ # r C~ ° - {S C , _ , li 1{ . . ,~ f~ WHEREAS, funds have been previously appropriated for the first year and are now in this year's budget and will be in subsequent year's budget; Account No. 700-480-4191-3700 to cover this contract; . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for Analytical and Sampling Services be awarded to IEA, Inc. in the amount of $12,070.00 per year or $36,210.00 over a period of three years; and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This loth day of January, 1996. NEW HANOVER COUNTY [SEAL] . ATTEST: Clerk to'the Board Robert G. Greer, Chairman Board of County Commissioners i .~ :4 ,~ ' REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: 7 Consent Item #: Additional Item #: Department: Environmental Management Presenter: Ray Church/D. Burks . Page Count In Agenda Package: Contact: R. Church/D. Burks SUB.IECT: Contract to perform Groundwater Monitoring at the New Hanover County Landfill BRIEF SUMMARY: North Carolina Solid Waste Rules require semi-annual monitoring of ground~~~ater monitoring wells at each landfill to detect aroundtivater contamination. The De artment has re ue ted an c 'v p q s d re et ed bids from firms providing this service. Seven firms received bid packages. A bid opening is ,~ scheduled for January 4, 1996. Staff will evaluate the bids and recommend the award of contract number 96-0229 prior to the January 16, 1996, meeting. ti.. RECOMMENDED MOTION AND REQUESTED ACTiONS• 4~ Staff will evaluate the bids received at the bid opening of January 4, 1996, and be prepared to make ~ a recommendation to the Board of County Commissioners on January I6, I996. FUNDING SOURCE: Federal S: State S: County S: User Fecs S: Other S: A'Ioncy Is In Current Budget: }•cs hew Appropriation ~Requcst: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: APP CGRIFFIN HR: N/A AMALLETT Award contract #96-0229 as recommended by County staff 39, Refer to Office vision Bulletin E3oard for Disposition NEW-NANOVER COUNTY ,INTER-OFFICE ~~~~~~~~ MEMOS: _ ..\..:.:... ._..-January 3; 1995 ~ .. '.. TO: Ray Church ~ - FROM: Dennis John Burks ~'~ RE: ~ Secure Landfill Groundwater'°Monitoring ~' Agenda Package: ~ ,. - h .. ' On December~20, 1995, bids were sent out to seven (7) firms for semi-annual groundwater monitoring services at the New .Hanover County Secure Landfill. The contract is to run for three .(.3) 'years' and is replacing a recently expired three (3) year contract (93- 0151) with IEA, Inc. for the same services. ';I Bids are to be received until 3:00 P.M., Thursday, January 4, 1996. I would anticipate a bid not to exceed X40,000.00 per year. . As you. are aware semi-annual. groundwater monitoring `and statistical comparison .i~s a condition our solid. waste ,permit. ... 4 Please find attached a copy of the bid package and a bidder list. If any further information is needed, please advise. 1 9 .. , f . ~ . 40 ~. .. ... t r t s i t i i i r t NEW HANOVER COUNTY DEM GROUNDWATER MONITORING BID LIST 1.) Richard Catlin & Associates Wilmington, NC 2.) Babb & Associates, P.A. Raleigh, NC 3.) Resolve Environmental Services, P.A. Gastonia, NC 4.) National Environmental Technologies Wilmington, NC 5.) IEA, Inc. Research Triangle Park, NC b.) Law Engineering and Environmental Services Wilmington, NC 7.) Environmental Investigations Durham, NC 41 DRAFT New Hanover:County Contract # 96 - 0229 NORTH CAROLINA _ AGREEMENT _ NEW HANOVER COUNTY .. ~r THIS CONTRACT, made and, entered. .into this .,day of 1995, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and hereinafter referred to as "Contractor". W~`ITNE~~ETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows: 1. Performance. Contractor shall furnish all labor, materials, and equipment and shall perform all work for the project generally described as: Semi- Annual Groundwater Sampling, Analysis, and Reporting for the New Hanover County Secure Landfill in accordance with the specifications set forth in Exhibit "A", attached hereto, and made a part of this contract as if fully written herein. All work shall conform to applicable. Federal, State- and local laws and regulations. 2. Time of Performance. Contractor shall commence work upon Notice to Proceed. The duration of this contract will be for three (3) years, with the work taking place during the months of January and July of each year. 3. Payment. County agrees to pay Contractor, for the full and faithful 42 ~~ New Hanover County Contract # 96 - Q229 ' performance of this agreement, an amount not to exceed the sum of °! er ear. ~P Y ,~ 4. Indemnity. Contractor shall indemnify and hold the County, its agents and employees, harmless against any and all claims., demands, causes of action, ~or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising. out of or relating to the work to be performed by Contractor hereunder, resulting from.the negligence of or the willful act or omission of Contractor, his .agents, employees and subcontractors. 5. Insurance. Contractor shall maintain insurance- from companies Licensed to write business in North Carolina and acceptable to New Hanover County, of the kinds and minimum amounts specified below. 6. Certificates and .Notice of Cancellation. Before commencing work under this contract, Contractor shall furnish County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies, and shall contain the following statement:- "The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by County". 7. Workers Compensation and Employers Liability Insurance. ~~. Covering .all of the Contractor's employees to. be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employers liability insurance providing limits at least in the ~;~ 43 ~i New Hanover County Contract # 96 - 0229 amount of $100,000/500,000/100;.000: applicable to claims due to bodily injury by, accident or disease. ' 8. Commercial. General Liability:.{ncluding coverage for independent contractor..operations, contractual liability assumed under..the provisions of .this ~ . contract, .products/completed operations~liability aril broad form property damage ~ ~..,r liability insurance co.verage..Exclusions applicable to explosion, collapse.and.' underground hazards are to.be deleted when the work involves these exposures. The : policy shall provide liability limits~at least in the amount of $1.,000,000 per occurrence, - combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County-shall be named a's an additional insured under"fhis policy. . - 9. Automobile. Liability Insurance. Covering all.'owned,. non-owned and hired vehicles,:providing liability limits at~least in the amount of X300,000 per occurrence ~~ " combined single limits applicable to<claiins due to bodily injury and/or property damage: - :10. Professional Liability Insurance: TherCoritractor will be required to take out and maintain Professional Liability Insurance providing liability insurance limits at least in the amount of $1,000,000. 'The Consultant'will`-be required.to maintain. this coverage for a period of at least two (2) years: beyond .substantial completion of the contract. . 11. =~FIndependent Contractor. It is mutually understood and.agreed that Contractor is an independent contractor:and not an~a'gent of County, and as'such, Contractor;.his or her agents'and employees shall not be entitled to~any County ~~ 44 3 r New Haribver County Contract # 96 - 0229 employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers compensation, or pension or retirement benefits. 12. 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 three (3) 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. 13. Entire Agreement. This agreement constitutes the entire understanding ,~~ ~~, r :~ '~1 t f 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. NEW HANOVER COUNTY (SEAL] Allen O'Neal, County Manager ATTEST: Clerk to the Board [CORPORATE SEAL] President 4 45 New Hanover County Contract # 96 - 0229 ATTEST: Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director Approved as to form: County Attorney NORTH CAROLINA NEW HANOVER COUNTY I; ~ ~ ~ a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of County Commissioners of New Hanover County, and that by authority duly given and as the act 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 My commission expires: 46 ~~ 5 New Hanoveic County Contract # 96 - 0229 ', NORTH CAROLINA COUNTY I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that (s)he is the Secretary of ,and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, ,~ sealed with its official seal and attested by herself/himself as its Secretary. WITNESS my hand and official seal, this day of .1995. Notary Public My commission expires: ~~~ ~, ~~ ~ 47 ~ 6 MONITORING WELL SAMPLING & ANALYSIS NEW HANOVER COUNTY SECURE LANDFILL 5210~±US HIGHWAY 421 NORTH WILMINGTON, NORTH CAROLINA Prepared by: New Hanover County Department of Environmental Management 3002 US Highway 421 North Wilmington, North Carolina 28401 (910) 341-4340 48+~ ijj~! 'I' , DIVISION I SPECIAL CONDITIONS 1.1 Project Description: The project generally consists of the sampling, analysis and reporting of fifteen (15) groundwater monitoring wells and two (2) surface water sampling points on a semi-annual basis for a period of three (3) years at the New Hanover County Secure Landfill located at 5210 US Highway 421 North, Wilmington, North Carolina. 1.2 Existinq Conditions: It is the responsibility of the Contractor, before submitting a proposal, to thoroughly investigate the site, examine existing records, Federal and State requirements and regulations, associated plans, specifications and exhibits; clearly understanding all requirements necessary to perform the sampling, analysis, and reporting.; that the Contractor.is fully prepared to sustain all loses and damages incurred; is prepared to provide all necessary tools, equipment, labor and materials necessary to successfully complete the work. 1.3 Project Closeout: The Contractor shall at all times keep the site free of• debris caused by the' Contractor during the sampling and analysis of the groundwater monitoring wells and .surface water sampling points. DIVISION II SAMPLING 2.1 Semi-annual Monitorinq: The Contractor shall, on a semi- annual basis, for three (3) years sample wells listed in 2.5 and two surface water points (Downstream and Upstream,. Fishing Creek) located on the northern border of the landfill for the compounds listed in DIVISION III below. Sampling will occur in January and July of each year. The Contractor shall provide the contact person listed in 4.4 below with a minimum of 30 days notice in advance of all sampling/monitoring events. 2.2 Additional Parameters: The contractor shall also analyze and report .any additional parameters required by the State of North Carolina, Solid Waste Section, to include but not limited to pH, conductivity, water temperature and .depth. (1) 49 7 2.3 Sampling Collection Protocol: The Contractor shall utilize ,the latest acceptable State of North Carolina, Solid Waste Section, well purging, 'sample `collection, preservation and reporting protocol. i 2.4 Split Sampling: The Contractor shall - .be~ prepared to'split samples with Local, State and/or'' the USEPA'on any'and all sampling events. 2.5 Groundwater~'Monitorinq Well Depths: ~ ~, Well # Casing Diameter(in.) Total Well Depth(ft.) :65-04-A ~ 2.00 24.41 ' 65-04=B ~ 2.00 ~ 51:"71 -6'S-04-C 2.00 24.89 65-04-D" 2.00 47.66 ' ' 65-04-G :. 2 .00 ~ 30.25 ~ . 65-04-H - 2.00 - ~ 23.45 65-04-I: 2:00 ~ 30.75 ~..65=04-,T ~ ~ 2.00 _ ... 38....90 ' 65-04-K ~2:00~ - ~ 28:51 _ 65-04-L 2.00 25.85 65-04=0 2.00 42.21 ~ ' 65-04-P - ~ 2 .00 '" 27'.9'6 - 65-04-Q 2.00 ~ 23.19 ..` 65-04-R 2.00 °- 42:10 ` 65-04-M 2.00 26.58 DIVISION III ANALYSIS 3.1 Analysis: Groundwater_and surface water samples shall be analyzed, at a minimurii~for the following:. ' 3.1.1 Organics: • 1 .) Acetone' ., Z.) Benzene - 3.) Bromodichloromethane ° ~-°' 4.) Bromoform 5~.) B'romomethane 6".) `2-Butanone 7.) Carbon disulfide - ~ -' 8~.:) Carbon ~•tetrachloride ' ~ '~ ' 9.) Chlorobenzene 10.) Chlorodibromomethane (2) 50 ~; 3.1.1 Organics Continued: r ~~~ .. t~ ~~ 11.) 12. ) 13. ) 14.) 15. ) 16.) 17.) 18.) 19 . ) 20.) 21.) 22.) 23.) 24.) 25.) 26.) 27.) 28.) 29.) 30.) 31.) 32 . ) 33.) 34.) 35.) 36 . ) 37.) 38.) 39 . ) 40.) 41.) 42.) 43.) Chloroethane 2-Chloroethylvinyl ether Chloroform Chloromethane 1,1-Dichloroethane , 1,2-Dichloroethane 1,1-Dichloroethene 1,2-Dichloroethene(total) 1,2-Dichloropropane cis-1,3-Dichloropropene trans-l,3-Dichloropropene Ethylbenzene 2-Hexanone Methlene chloride 4-Methyl-2-pentanone Styrene 1,.1,2,2-Tetrachloroethane Tetrachloroethene Toluene 1.,1,1-Trichloroethane 1,1,2-Trichloroethane Trichloroethene Vinyl acetate Vinyl chloride Xylenes(total) 1,2-Dichlorobenzene 1,4-Dichlorobenzene trans-1,4-dichloro-2-butene Dibromoethane Iodomethane 1,1,1,2-Tetrachloroethane Trichlorofluoromethane 1,2,3-Trichloropropane 3.1.2 Metals Total 1.) Arsenic 2 . )~ Lead 3.) Selenium 4.) Thallium 5.) Silver 6.) Barium 7.) Beryllium 8.) Cadmium 9.) Cobalt 10.) Chromium 11.) Copper 12.) Nickel 13.) Antimony 14.) Vanadium 15.) Zinc (3) 51 3.1.3 Other Parameters.: The Contractor shall sample, analyze and report any additional parameters required under State of North Carolina, Solid Waste Section;. landfill groundwater sampling and analysis requirements and regulations. _. "`~~~"' DIVISION VI ~' REPORTING ~ - 4.1 Semi-annual Re ort: The Contractor:•shall provide a semi- annual report detailing wells•~°sampled; analysis .results (with appropriate detection limits, 'field samplinglogs, chain-of-custody forms and other information as necessary to satisfy the State of North Carolina, Solid Waste 'Section Semi-annual landfill groundwater montor`ngj and reporting requirements. - ' 4.2 Statistical Re ort: The Contractor•shall~provide with each semi-annual report, a StatisticalReport ¢eteimining if there is statistically significant`~~ evdence~~ of contamination at the facility. - = ~ ... 4.3 Re ort: The Contractor shall provide. thee-repo-rts noted in these specifications to : ' ~. - New Hanover County - Department of Environmental Management 3002 US Highway 421 North ' Wilmington, North Carolina?28401 Atten: Dennis John Burks~•- ' .. .. ti ~ Two ( 2 ) copies of the reports ~ noted ~ shall be'> rece'ived' within 45 days of completion of each samplingevent.' ~ "~. DIVISION V BID PROPOSAL 5.1 Bid Cost Summary: Bidder shall supply a 'lump sum bid breakdown as follows: ~ • Year 1 Cost: Year 2 Cost: Year 3 Cost: Total Cost: 52 ~C (4) i 1 1 1 f i 1 1 1 l O 1 f 1 1 1 5.2 Bid Summary: Bidder shall provide, a narrative describing work required in each item. Narrative shall also include any subcontractor(s) to be used, relevant. certifications and experiences by Contractor and/or Subcontractor(s) in similar projects. Bidder shall include a copy of field observation sheets, chain-of-custody forms to be used, report format and statistical package. Detection limits must meet and or/exceed State of North Carolina, Solid Waste Section regulations and/or requirements. The Department is also interested in receiving analytical results, in addition to the report copies noted above, on disc using. an Excel 5.0 spreadsheet in a format agreeable to this Department. (5) 53 i ~ ~ ~ ~ - T Z ~~ C7 < a m ~ ~ o ~ r D Z I O c N H m r D Z ~~~g' I I iff ! ! ~~ i 1 i ,' ' i l i R? Ya ~g vi ~, ~= ~: ,`r..~: .. ___ /. X10 /K/~w~t0/^ ~' .' ~' ~ ~~.. ~ _ -~~~ _ ~~ _ ,. ~ ~ ~~ ~~ ~Y ail=~ _~ ~ ~~ ~ ~. ~ ~ ~ ~. ~ ~~ ~ .~ ~ ~ ~ .. _ ~"2 1 1 1 'g fig' ''~ .'9~ / ~l~' 9i ~ ~~ '~ _ •~ ' ' ,.0 ~M Re '_ ,~~ _ ., . ~./ :OaT ... j ? ' 1 1 .. ~~ ~ i i .. ' ' . 1 ~ ee 0y ///Iwl~l1 l,~ - ~ i ~ i / l i .. i~~/ ., P ~ 8 •~, ~s ,_ -- ~ ~ i ~54~. r i~ ~. ~~ 1 0 '. REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: 8 Consent Item #: ~ Additional Item #: .Department: Environmental Management Presenter: R. Church/G. Little 'Page Count In Agenda Package: Contact: Ray Church An Ordinance to Prohibit the Commercial Disposal of Old Corrugated Cardboard (OCC) BRIEF SUMMARY: In an effort to control the increasing amount of waste generated in New Hanover County, the Department of Environmental Management has identified certain components of the waste stream which comprise significant portions of the waste stream.. One such component identified is old corrugated cardboard (OCC) at approximately fifteen (15) per cent or approximately 24,000 tons per year of the waste stream. Markets are readily available to recycle OCC, however they are volatile ranging in 1995 from paying over $200/ton in the spring to only- $20/ton in the fall. Some private haulers currently provide separate OCC collection to commercial accounts. Five public or private organizations have been identified which will accept OCC for recycling RECOMMENDED MOTION AND REQUESTED- ACTIONS; One method to improve recycling and reduce the overall waste stream is to prohibit the disposal of old corrugated cardboard. Currently, riventy-three local governments in North Carolina prohibit the disposal of OCC by ordinance. Staffhas prepared a draft ordinance prohibiting commercial disposal of OCC. Staff recommends the Board of Commissioners consider the draft ordinance. FUNDING SOURCE: Federal S: State S: County S: User Fees $: .. Other $: Money Is In Current Budget: - New Appropriation Request: Budget Amendment Prepared: REVIEWED B ~LGL: FIN: BUD: N/A CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~~ Recommend the first reading of this proposed ordinan e held. If the ordinance is not approved unanimously then. a second reading must be held. lf~~p..1~.~a~``a,~0 ~arv~aif~~ye,yeh4uAb~l3~~tlN~.~11if7 ~~ Vii" ~ _ 11 !t~ ~ 4.(v.. It _ Refer to Oncc Vision Bulletin Board for Disposition 1..0y~~-i nt~ ``'D DRAFT ~ AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of -Commissioners of NewnHanover County hereby enacts an ordinance to prohibit the commercial disposal of corrugated cardboard to be codified into,the New Hanover County Code as Chapter 8.5, Article VIL: _ _ ~ ~Section 8.5=75. 'Title This 'Ordinance shall be 'known and may be cited as' the `Commercial Corrugated Cardboard Disposal Ordinance of New Hanover County, North Carolina. • - Section 8.5-76 . Purpose' • ' The purposes. of this Ordinance are:. (i) to facilitate New Hanover County's Fcompliance with State of North Carolina waste reduction goals as set forth in the Solid Waste Management Act. of 1989, which established a goal of reducing • the disposal of .solid waste by 40$:~by .June: 30; -2001;.. (ii) to facilitate corrugated ..cardboard ,recycling.,, which:,is a. prevalent :and recoverable material,.; .and (iii) ;to conserve landfill and other environmental resources. ~ • ' Section 8.5-77. Authority New Hanover County hereby enacts this Ordinance 'pursuant to Chapters 130A and 153Q of the North` Carolina General Statutes.. ~ ~ . ~ ' r.. Section 8.5=78. Jurisdiction On and after the first day of July 1996, this ordinance shall govern the commercial disposal and recovery of old corrugated. cardboard (OCC) in New Hanover County, North Carolina. ,.. Section 8.5-79. Definitions ~. Where used in this Ordinance, the term May is permissive and the term Shall is mandatory. No terms. used in this. Ordinance shall apply only to one gender. Also, unless specifically noted, the plural terms shall be applicable to singular situations, and the reverse shallbe true as well. The following defini•tioris are applicable within the context of this Ordinance. 1.. ~• , "Collection" means...-the physical act of collecting municipal solid `was'te from .a• •point of generation-for disposal~at a County solid waste management facility, or the 'collection of a, conventional recyclable material :for recovery at a local baling or material processing facility. ° ' ~ ~ ~ ~ ~ ' .. ! r -._ 2 . "Commercial collections" are collections of municipal solid wastes. or recyclable materials from entities including businesses, industry, construction sites, and multi-family d~w~ l~lin~g"s ttiat~ufse dur`ripster boxes or roll-off containers for solid waste collection: 9 .,~ ~.. ;., i u C ui DRAFT 3. "Commercial solid waste" is municipal solid waste generated by entities including businesses, industry, construction sites, and multi-unit dwellings that use dumpster boxes or roll-off containers for solid waste collection. 4. "Commercial solid waste collectors" are any public or private agencies performing commercial collections . 5. "Commercial solid waste generators" are any generators of municipal solid waste that use dumpsters or roll-off containers for solid waste collection. 6. "Commingled collection" refers to the ability to collect several differing types of recyclable materials in the same container, to be sorted by additional processing at a material recovery facility. (See Source-separated collection) . 7. "Contaminated" means that a material has been altered or contains undesirable substances that causes the material to not meet the specifications of a material broker or market. 8. "Corrugated cardboard" or old corrugated containers (OCC) are paper products made from stiff pasteboard formed into fluted ridges and grooves, including kraft paper with ruffled inner liners. Corrugated does not include single-ply paper packaging, or paperboard, chipboard or boxboard such as shoe or cereal boxes . 9. "Director" shall be the Director of the New Hanover County Department of Environmental Management. ' 10. "Drop-off sites" are transfer locations where recyclables may be taken by the public. 11. "Material recovery facility or MRF" refers to a facility for sorting, separation, and baling of commingled material for transportation to a recycling facility. 12. "Municipal solid waste" means all forms of solid waste including garbage, refuse, trash, and debris, collected and transported by a generator, solid waste collector, or other contractor, to a New Hanover County Solid Waste Management Facility. The term Municipal Solid Waste (MSW) shall conform with the State's definition of "solid waste" in G.S. 130A-290. 13. "New Hanover County solid waste management facilities" shall refer to the facilities operated by New Hanover County for the long-term management of municipal solid waste. Those facilities include the New Hanover County Waste to Energy Conversion Facility (WASTEC), and the New Hanover County Secure Landfill (Landfill) , both of which are currently situated near U . S . Highway 421 North. 14. "Source-separated collection" refers to the collection of material that, is separated at the point of collection by either the generator or the collection agency, to be taken to a baling facility for recovery. (See Commingled collection) . • . comm_occ.ord 01.04.96 OCC Ordinance -Page ~-01~-4 it ® a RAFT > 15 . "Waste -screening"refers to the procedure at the. New Hanover County Solid Waste Management Facilities for .randomly, inspecting solid waste loads from commercial generators ..for detecting the presence ,of hazardous or banned wastes . _.. _ Section 8.5-80. Old Corrugated Container Prohibition ._ .. A. Beginning July 1, 1996, all loads of. municipal solid waste in excess of 5$ OCC by volume as determined by the Director or his designee and delivered to any New. Hanover .County Solid, .Waste ..Management Facility shall be •assessed a surcharge. in addition to the normal tippingfees based on the following: 1. A written warning shall be issued for the first violation. 2.. Subsequent violations shall.be assessed.surcharges~in the amount equal to one (1) times the applicable tipping fees . ~~ . ~ 3. Surcharges shall be calculated based on the full weight'of the municipal solid- waste found .to :be in violation of this Ordinance. 4 . ~ .Upon =the Director or -his designee 'finding : that a waste load is in a violation of this Ordinance, and when no other violations of any- nature are found during the waste screening, a commercial hauler may choose ~to reload the OCC in question immediately following a waste screening event and take the OCC away for lawftil disposal or recycling. The remaining load shall be disposed at the facility, and the tipping fee and surcharge shall°be assessed for the entire load. ~ f ~ ~ ~ 5. Waste screening may be performed with no limit on frequency. . 6. ., "-The Director shall have final authority on assessing or waiving of surcharges. B : Tipping fee schedules, including surcharges, .are as' approved by the New a Hanover.CountyBoard of Commissioners. C . The 5$ allowance. avoids penalizing inadvertent . dispose°1 of -insignificant quantities of OCC. D . , , All commercial solid waste . enerators s ~ • ~ g half set-out OCC separately from other a solid wastes for separate collection. E. A11 commercial. solid waste collectors shall (i) provide containers to their customers for the separate collection of corrugated cardboard; (ii) where separate containers are either uneconomical or impractical, make provision for a separate collection of • loose --corrugated cardboard'; .or .(iii) provide commingled collection ~of OGC and other recyclable materials 'in a container ' separate from the generator's solid waste. F. Commercial solid waste generators shall file with the Director in advance of delivery of contaminated OCC for approval of surcharge waiver. ~egpm occ . ord 01.04.96: . °, OCC Ordinance - `Page 3 of 4 t 1 1 0 1 1 1 1 1 S 1 1 1 1 A A D 1 G . Commercial solid waste generators may make provisions other than with private commercial, haulers for the recovery of the generator's OCC. The County Environmental Management staff shall be available to assist in identifying alternatives available for recycling OCC~. ADOPTED this day of SEAL ATTEST: 1996. NEW HANOVER COUNTY Chairman, Board of County Commissioners ;: Clerk to the Board DRAFT comm occ.ord 01.04.96 OCC Ordinance - Page ~~4 Tltis page intentionally left blank 60~ ~ ; ~, C i 0 I LJ i REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: 9 Consent Item #: Additional Item #: Department: Emergency Management Presenter: Dan E. Summers Page Count In Agenda Package: 2 Contact: Dan E. Summers SUBJECT: New Hanover County Hazardous Materials Information Storage Box Ordinance BRIEF SUMMARY: Ordinance would make effective, January 1, 1996, that all commercial enterprises or industries in New Hanover County which use, store, or manufacture on-site hazardous materials that must be reported under the State Right-to-Know Laws, N.C.G.S. Sec. 95-173, et. seq., or under Title III of the Federal SuperFund Amendment & Reauthorization Act & the regulations promulgated thereunder must have an approved on-site hazardous materials data storage box at each facility where hazardous materials may be found. Title III has provided the community.& responders with valuable information, but this information is only updated once-per-year. The Data Storage Lockboxes would be accessible to fire department personnel & emergency responders 24-hours a day, which would supply them with up-to-date, on-site emergency information. This ordinance. has been approved by'the New. Hanover County LEPC. , RECOMMENDED MOTION AND REQUESTED ACTIONS: Request the Board adopt the ordinance. i P. t ~j L [] m FUNDING SOURCE: Federal S: State S: County S: User Fees $:' Other S: Money Is In Current Budget: Ne~v Appropriation'Request: Budget Amendment Prepared: REVIEWED BY: ~LGL: FIN: BUD: HR: ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~~ Hold first reading of the requested dinance. If a unanimous vote for approval is not received, then a second reading must be held. f~nf"e~l /-(~>m hv~u ~ A ~.,.ikax~ a~~ L ui~'iui~~tt~ kian~.~~ ~_~D_ ~~ ~D 6 1 Refer to Once Vision Bulletin Board for Disposition N .ORDI E. a A NANC ~.. OF THE . NEW HANOVER COUNTY BOARD OF COMMISSIONERS - ~• WHEREAS, New Hanover County is empowered and required under N.C.GS. Sec. .. ~ 166A-7 to provide for management of local emergencies; and; WHEREAS, Federal Superfund regulations and State Right-to-Know laws provide ~I special reporting and handling requirements for businesses that generate or store substantial a quantities of hazardous substances; and • ;. WHEREAS, emergencies such as fires, spills and explosions involving hazardous substances present a particularly grave threat to the health of the environment and the citizens of New Hanover County as-well as to woi-kers responding to the emergency; and ~' WHEREAS, access to current information concerning the type, amount' and'iocation of hazardous substances during such' ari~emergency is necessary to adequately proteci human life ~ a and the environment, - NOW, THEREFORE, BE IT RESOLVED that New Hanover County does hereby adopt a this New Hanover County Hazardous Materials Information,Storage"Box Ordinance, to be : ~._ r codified as Article IV of Chapter 8; Fire Protection and Prevention.. " - - . Section 8-35. Data Storage Box Required. Effective January 1, 1996, all commercial enterprises or industries in New Hanover County which use, store or manufacture on-site hazardous materials that must be reported under State Right-to-Know laws, N.C.G.S. Sec. 95-173, et seq., or under Title III of the Federal Super Fund Ametldments and Reauthorization Act and the regulations promulgated thereunder must have an approved on-site hazardous materials data storage box at each facility where hazardous `materials may be found. ~ - - ,. Section. 8-36. Contents, Types and Location of Data Storage Boxy • .~ ~' ._:.~ (a) This data storage box may contain keys providing access to secured poitions of the facility. The box shall contain current specific information to assist fire departments, hazardous materials teams and emergency management personnel, responding to emergencies at the facility; • ~ including• but not limited to"facility mapsorplans showing the type and location of hazardous materials, Tier II forms, lists of chemicals with CAS numbers, telephone numbers for •facility , -: < r employees. and other persons to be contacted in case of such emergencies... . . ,, (b) All information requested on New Hanover County Emergency ~IVlanagement data storage sheets must be~provided on the"forrris provided by•New Hanover County or in a LJ substantially similar format and must be placed in the data storage box. Such information must dated on a regular basis to insure its accuracy. (c) The~data storage box itself shall.be of the type designated and approved by the New Hanover County Emergency Management Director and the New Hanover County Fire Marshall and shall be located at or near the primary entrance to the facility and installed in accordance .with directives of said Director or his designees. The data- storage box may include keys to the facility as required under Volume 5, Section 603.18 of the Southern Building Code, as amended January 1, 1996. Section 8-37. Exemption to Facilities Operating 24 Hours a Day. a Facilities which o crate a manned 24 hours a day, 365 days a year security station or () P access control facility on the site are exempt from the installation of the keyed data storage. box system. (b) The facility is not exempt, however, from having the information as referenced in Section 8-36, readily available and- clearly posted in the manned security station access control facility. 0 0 ~~~~ 7 0 i (c) Exemptions must be applied for in writing to the Department of Emergency Management annually beginning March 1, 1996 and every Mazch 1st thereafter. (d) The facility shall be responsible for the implementation of a lock box system within ten (10) days prior to the termination of a 24 hours a day, 365 days a year, manned security station or access control facility. Section 8-38. Violations; enforcement. (a) Violations of this ordinance shall be a misdemeanor as provided under N.C.G.S. Sec. 160A-17~ and N.C.G.S. Sec. 14-4. Each day's continuing violation shall constitute a separate offense as provided by N.C.G.S. Sec. 160A-175(g). (b) The municipality may also secure appropriate equitable remedies to ensure compliance with this chapter, as provided by N.C.G.S. Sec. 160A-175. (c) Enforcement actions may be initiated by the New Hanover County Fire Marshal, the New Hanover County Emergency Management Director, or their designees. [SEAL] a a ATTEST: Clerk to the Board ADOPTED this day of 1996. NEW HANOVER COUNTY Robert G. Greer, Chairman Boazd of Commissioners 63 ItII c, 64~ .Q~ . ', , it 0 0 i_ i 'J i IL' II:I t n REQUEST-FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: 10 Consent Item #: Additional Item #: Department: County Manager Presenter: Andy Atkinson Page Count In Agenda Package: Contact: Andy Atkinson SUBJECT: 24-Hour Crisis Station BRIEF SUMMARY: It was brought to the Board's attention that Wilmington Police and NHC Sheriffs deputies were being detained for extended periods of time in the TIHRNIC emergency department. A committee has been working on this problem for several months. We traveled to Wake County to see their Crisis Center. The plan we have developed will impact (favorably) the Sheriffs Dept, the Wilmington Police Department, The Oaks, the SEMH, and the NHRMC Emergency Department. The initial plan calls for operating the Center from Friday afternoon until Monday Morning. This time.period should cover the greatest need ,however it is desired to move toward a full time 24 - hour operation . RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. Give guidance and direction. FUNDING SOURCE: Federal S: State S: County $: User Fees S: Other S: Money Is In Current Budget: ~ New Appropriation Ret~uest: Budget Amendment Prepared: REVIEWED BY: LGL: FIN.: N/A BSHELL BUD: HR: N/A AMALLETT Hear Presentation. ~ r-- a.~~ta-r-i/o l o ~~ b~~i I~~ :~~ ... a ~ v~a~a~[1 ~ v~,~.w I U ~.:~ i4vY$6~4~~~Y~~ `~ ~ 65 Rs,c.~,d +o ; ;~ Refer to Office Vision Bulletin Board for Disposition ~~ ~t~'1 S EG gk egret- -Fv r ~ 46,1`7 I 1: ~~ REQUEST FOR BOARD ACTION Meeting Date: 01./15/96 Regular Item #: 11 Consent Item #: Additional Item #: Department: Presenter: Dave .Weaver Page Count In Agenda Package: Contact: Dave Weaver SUBJECT: 0 v Continued consideration of proposal for development of a drainage plan for one basin in New Hanover County BRIEF SUMMARY: The Board, at its 11/6/95 meeting, directed staff to prepare a Request for Proposals (RFP) to perform a study of one drainage basin to develop a specific plan that ~~vill meet the following objectives and serve as a foundation for other basin plans: 1) Drain water away from new. development; 2) Prevent flooding of existing downstream development; 3) Minimize stormwater runoff pollution impact. The attached memo outlines the basic scope of work of the proposed study. This scope of work, if approved by the Board, will be incorporated into a standard RFP format and distributed to . engineering firms. 0 a RECOMMENDED MOTION AND REQUESTED ACTIONS: Request the Board to consider endorsement of the proposed scope of work. 0 i~ FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment:Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• . Consider endorsin the preparation of an RFP incorpprating the recommended scope of work detailed above. ~~ { a _,~.. Refer to Ottice Vision Bulletin Board for Dis ofition r 4 Gt,~O-~c te- P ~ e~art 12~ ~ S"Fu+~ ~~'~~ 6+ntba.S~ r+ c award' a rtPawt k-o Cc.~ry+. ..~, ' ~ ntiN ~ VER CO QTY - .INTER_~~jCE ...~~~ 4 . ...\..'.. `~ M' fo::v y 1A~ ` . _ . , ... _ i. ~~ IRtY Co mmssioners:' ~ ~ ~ _ '. . ,, ~ ... _ ntY Manager ~ ,. ~ ~:~• . ' . , >. .. for D.t-a~~n ~ . , _. .... _ I age. P1 .. , . s. a . n ' t proposals ., followin ~ alOn9 with .. g scope °f work: statements of .n plan will be ~ ~ ;. - - - - suse it will developed .for _.. ._ a Basins totallyeunder ~ the fewg emainek. ountY control, zng er the following in its for mulation; from new deve °f existin 1oPment, :er runof g downloneam development. . f Poilut' e the followin ...-. _. >.. ~ • ".: . g COmPonents; _. _ ting 'runoff/drama e '• 'soils, and 9 characte '. . .ential im drainage network.ristics .. pact ;; . under ~~ ._ . _,. .., :..... .. _._ . _ . built-out" nceptual plans for .; , _ .Pro o :.. - ,. .. . P sed . County ~ - ... age standards for k for financ . new develo .. ~ .. _ _ monthly fees the model baslnment, .. ~ ~ ~~ Pact ~ establishment Plan _: ~ ~ _ - . ; - fees , '" ' :. - ~% . .• ~..~ - . ' a _. ~ . i 1 Board of Count Commissioners Y January 3, 1995 Page Two Although the above plan outline lists a number of considerations and components, the County is very. receptive to additions, deletions, or other modifications to the plan outline as suggested by interested engineering firms. Innovative approaches are welcome. It is important to note that the components of the final plan should be "transferable" to other basins in the County to the greatest extent possible. Please feel free to contact me if you have any questions or comments . cc: ~ en O'Neal Wyatt E. Blanchard Dexter Hayes Jim Craig DW/aj 0 69 Q 70~ [] ,~ REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #:. 12 ~ Consent Item #: Additional Item #: Department: Tax Presenter: .Page Count In Agenda Package: 53 Contact: Roland Register SUBJECT:. Wilmington/New Hanover County Community Development Corp. {CDC) -exemption of property used as a "Small Business Incubator". BRIEF SUMMARY: IRS has granted the organization a charitable 501(c)(3) exemption for income-tax purposes. The condo used exclusively by the organization has been correctly exempted from property taxes. Two .units were erroneously given 1995 exemption. A separate parcel was denied exemption as it was not improved and used January 1, 1995. 0 t i f D I RECOMMENDED MOTION AND REQUESTED ACTIONS• That the Board deny exemption for tract 2 (R0480~-021-001-000). That the Board rescind exemption for parcels R04805-021-001-005 and R04805-021-001-007 which are being used by "for-profit" businesses. FUNDING SOURCE: 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: FIN: BUD: HR: CQUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend accepting the recommendation of the Tax Administrator. A ll~.~ ~xelnnp+~ ~~~~ ~~~ ~ ~ ~ U o ~.~ v l~ ~' e n A~~ya.......,~:...:• Refer to Office Vision Bulletin Board for Disposition 71~ APPEAL F OR EXEMPTION WILMINGTON/NEW HANOVER COUNTY COMMUNITY DEVELOPMENT CORP. AGENDA DECEMBER 18, 1995 . , _ ~;,~,_ The Wilmington/New Hanover County Community Development Corp. (CDC) purchased 4 parcels in. the Hilton Industrial Park Nlay 15, 1992. Three parcels are condos: R04805-021-~ : Q 001-005, 006, and 007. The fourth is a .72 acre tract that was vacant when it was purchased the same date in 1.992. As ~of Januazy 1, 1995, that ~ tract was not • improved for the purposes a of CDC, but is currently being improved to be 9 units similar to= the ~pazallel building with'" CDC's office and 8 similar condos. • June 22, 1995, CDC .applied for exemption for the property in two tracts shown •on~ their, , drawing: .. Tract 1 -- was for the 3 condos at 509, 511, and 513 CorrieTius Harnett Drive. The ~ application stated that all property is used in connection with the (CDC) and its "small business incubator" (which is explained in material submitted to the Board by CDC.) Based upon the use by CDC, the Tax Administrator recommended exemption by action of the Board August 21, 1995. Exemption was approved for these parcels, R04805-021-001-005, 006, and 007. Tract 2 -- was for parcel- R04805-021-001-000. The application `stated that the - :.. building was under construction to make 9 units to be used as part of the"Business Incubator." Being vacant and unused, fhe request for exemption was denied by the Tax Administrator. That decision was appealed for December action by the Board: On November 21, 1995, the Tax Administrator and Asst. Appraisal Supervisor visited the property to "audit" the property's qualifications for exemption. CDC-has provided the Board with material to support their non-profit status, federal tax . exemption, and .the purposes. for which the organization was founded. .. '_ a In discussion with the Asst. County Attorney, Kemp Burpeau, on the issues and the legal citations given by CDC; we are of the opinion that we can distinguish differences which support taxation. • The questions before the Board aze these: - Does CDC qualify for property tax exemption as a`"charitable" organization? Our opinion is that they do qualify. ~ _ . -Does the parcel CDC identified as tract 2 qualify for exemption? As cited in North Carolina "case notes," actual use;;and not intended :use prevails. Our opinion is that the property; being unused January I, 1995 in a tnanri`er~which qualifies under North Carolina statutes, did not uali• for exem tion. ~ ' ~ '~~ 72.. q ~~ p , ,4::~ ~,. ~ .. .~ ..~...~...,,.... _. ~. w g :. t CDC APPEAL DECEMBER 18, 1995 PAGE TWO - Do the three condo units qualify for property tax exemption? Only the unit. used by CDC qualifies for exemption. On the audit, it was found that two units were being used by rent-paying,.for-profit participants of the "incubator." Contrary to earlier perception of the use exclusively by CDC, those two units do not qualify for exemption. i t 'I t To distinguish the differences between CDC's citations and the law that applies, they cited in one case property owned by a qualifying owner, and used gratuitously by another qualifying owner for anon-profit home for the aged, a use which qualifies by specific reference in the statutes. In contrast with CDC, the incubator use is not gratuitous, and the user is a "for- profit" entity. The second case refers to a "for- profit" user of personal property owned by anon-profit scientific owner.> In this case, the user was under contract, as an agent, to conduct research for the non-profit company. The use of the personal property was without cost. However, there is no comparable "agency" relationship between CDC and the sepazate, for-profit users. Contracts between CDC and the users control rise of grant money for specific purposes and controls use of the property. The users have no charitable or scientific motives. RECOMMENDATION: 1. Tliat the denial of exemption for unused property January 1, 1995, identified on the application as tract 2, be upheld. 2. That the decision. August 21, 1995 to exempt two condos, believed to be used wholly and exclusively by a qualifying owner and gratuitously by a qualifying riser be rescinded. In effect, parcels 804805-021-001-005 and 804805-021-001-007 aze to be taxable for 1995, while the parcel used exclusively by CDC, 804805-021-001-006, remains exempt for 1995. 73 rioc,nrrn c. rtr;crsrirt TaxAdmiiiistralor Jutlc 26, 1995 TAX DEPARTMEN~I• ~~ ~I~E~ A.~I®~~~ C . ~~~~ L _ TAX ADMINISTRATION 'Z ~~ 9~ a 320 CHESTNUT STREET, ROOM 209 I WII,MINGTON, NORTH CAROLINA 28401-4090 !.l9V,~A 'TELLPHON~ (910) 341-7131 a Jackie. Peoples,. Cxcc. Diiector • . _ Wilmington/ New I-Ianovcr Conununity Dcvelopnlent Co"rp. 511 Cornelius I-Iarnctt Drive Wilmington, ~NC:28401=2856: ... Re: Delinquent Applications ror Properly-Tax Exemptions - 1995 Ms. Dear. Peoples: - - One of your late applications•requires additional'con`cspondence with the IIoard of County Commissioners for their approval. Exemption for the other must be .denied. ' . Parcel R04S05-021-001-000 was apparently not improved and wholly and exclusively used as of January 1, 1995 for a qualifying use. Since it did not qualify January 1, the application must be denied. You may reapply for 1996 if the property is improved and wholly and ' exclusively used for a qualifying purpose. ' `' -' ~. ~- Parcels R04805-021-001-005, 006, ~: 007 can b~ cxcnlntcd i1~ you niakc ail immcdialc, written request to the Board. When an application is late, you must submit a written request showing good caiise why the application was late, and'~rcqucst approval by the Board. They must take this action during the currcnt•calendar year, so immediate response is ~nccessary. "~~~ ~1s for the denial, you do have recourse_to_appeal iny decision to the Board. However, my recommendation will be consistent with the case law cited and enclosed. Please provide your prompt reply to protect your recourse. Sitlccrcl ~ ~ N0 4e/~ ~/l~ D T. f->f,4T ON L ~' ~ y, ~--~ fl o G~ ~ s u s ~D 8 Y C D• c ' ~ ~ ~e ~ ~N-rF,~ ~ ooh oo~ ,,~ ,, Roland G. Register ':~ .F'OR_ pRo ~-i r ~vSi~IFsSEf , copy: Kemp IIurpcau, Asst. County Attorney ~... ~4 ~ . v 0 ~; I I G ~, .~-~ ~~~ ~ TAX DEPARTMENT ~: I-.~~~._~~: ~ ~~ .` EXHIBIT y 4' . _ 1 ~ I ^\ I; { , .~ _. -- ~ ., ~VI ~ ~; ~ ~ - Q ~ .. 7 _ } ~r J C J ! I tl J ~ :i J~ Y ~ ~ , ; r J _ ~ ~ , _ i L ~YJ ' f y ~? ~ I ~ ~~~ .F--..• • J 1 ~ . ~ ~ r I _ I 1 i . i i11 I..~ ~~ ~.~ ~~~yi • ~ J ~ J, • I \~ ` '~ ` 7 ~~ y . I ., :~ I - , ~ ^ ~ - ~'~ ` 111 p ~ ` ~1 0 ~ ! ~ i I, ; ; I ~ , . ~ ~ , . ~ . ~~ . ~ .,. V aIC Z ~ , _ ~ ~ , . . ;~ ~ ~ ~ _ s , ,{ t h ~ , N (; ~ ~i I . - J , .. ice' :=. l • ,. N % ~~ ,~` ~ •' 7.J \~ . ~. ~\~ ~`~ JJJ t I 1. ~~~ :I:~u I ~ ... • ``. ...--..-•-.- i rte.=;' .~~ ~. I yam' Vy •),~• , ,~. .i••;J{`~ „ ~\ ~9 I~ v~~~~\ ~~~ ~o ~S r~ • v n ~~ A2. ~r~~ . Q .. ,, i i -~- :. ~_ . .APPELLANT'S . CDC ~ :EXHIBIT ;f~.. ~?~ >< mington/New Hanover Community Development Corporation Jackl• Peoptec, J.D. ~ - ErecuGve Diiec(or ,. - Peter 1. Caner i, Associe(e Drec(or ' ~ . November 13, 1995 -- ~ -~ ~ ~ goo rd of Directors .- .. _ - - ~ - ~. ~ - a Roland R. Register Harvard Jennings . Tax Administrator Chavperson ~' ,New Hanover County Tax Administration ' ~ 320 Chestnut Street Jack Manxk ~. Wilmington, NC 28401-4090 - . ~ ; Treeaurer _. .. - _ _. .... - ... .. .._~.. 5 ~ Re: ~ Application for Property "Tax~Exernption~'--1995 _~ ~ ~ ~ ~ ~-~ ~ -'~ ~ ~' Susanwtnst.ad .. . RO'4805-021-001-000 ' (~ Setre(ery ~. .. . _ .. ... : :: LJ . . - Dear Mc. Register: ~ ' ' - M. W. Williams, Esq. _ . , i echnice(Advia0~ _ - ~ - ~ . - ~ I Thank. you for your letters of June 26, .1995 and September:~S, 1'995, concerning the 'above Rev Jch n Calh ~ .referenced letter is to provide information required by the County Commissioners in order _ . n y: o~n to-rule on this request fora tax exemption. ' ; Q ~~ Audrey Ployd ~ ~ ~ : . ~ ' ~ ~~ ~ . I. The u s e of~this subject property complies with the requirements of N.C.G.S. - ~'1 ~ Laura Padgett 1 T I)I I QJ-2 / 8. /. .. , ~ ~. _- . ... ,. I11 U Russeltl_aBata The Vl'ilmington/New Hanover ~Community~Development Corporation (cDc) is a private ' ~ .non-profit, LR.C. SOl (c) (3) community-based organiiatiomchartered for the purpose of a . H yD ~J improving the economic. status of low-income citizens of W~ilmin rton and New~Hanover arr orsey . ~ County. The organization en~ages~_in economic development activities, particularly the a R;~h,rd~„ett~ development of small businesses, in order to create -new business ownership ands job opportunities. ~ ' Edwina Johnson ~ - ~ The eDc has established a Small Business ~Incubator~ on the property referenced above. taarence smttn• The Small Business Incubator is a division of the cDc -whose purpose is to foster the _ creation and expansion' of fledgling businesses by providing below-market rental space, D Ursata Wilson clerical and office services, management consultation; and :access to: financial services. ~. Our Incubator is designed to function, ass an..economic development tool, a vehicle for promoting .economic .diversify,, and as a means of creating. new job opportunities, - especially for low and moderate income individuals. . \ _- _. , The Corporate Charter and By=Laws of tlie~cDc, as well' as,'the terms of fire approval by . the IRS of tl>e CDC's 501 (c) (3) statutes, requires the cDc to limit its activities to the . ~~ non-.profit purposes set out herein.... , ~' ._ ~ ~ ~ - S 11 Cornelius Hnrncll Drive. 11'ilmingto(t North C•rrnlina 2R401 ' Telephone: (910) 7G2-7355 ('aa: (910) 7G2-75G5 , - a - a APPELLANT'S EXHIBIT~_ Tl~e cDc leas built its Small Business Incubator on an acre of land purchased in the Hilton Industrial Park. As you know from my letter to the Commissioners of July 18, 1995, the .Incubator was developed primarily with a grant of money from the Department of Health and Human Services, which was originally approved in 1992. A specific condition of this grant was the recording by the cDc of restrictions governing the use of this property. Among other things, the restrictions provide for tl~e use of the property only in furtherance of tl~e non-profit purposes of the cDc. In develo in and utilizin ~ this ro ert ,the cDc has been careful to o erate within its P g b P P Y P limits as anon-profit, charitable organization. Attached as Exhibit A is a description of Small Business Incubators and Exhibit B is an Application Packet for tine Wilmington Business Center, as this Small Business Incubator ~s known. As these documents ' illustrate, the sole purpose of the Wilmington .Business Center is to nurture and brow small businesses ~vliicl~ cannot otl~envise afford tine kind of support and services afforded by the Wilmington Business Center. The structure developed by the cDc on the property described above was completed in March 1994. It is comprised of 9 separate units. Each unit contains an office area and an unfinished area for multiple uses. Presently, six small entrepreneurial businesses occupy the units. Each tenant executes a lease with the cDc which provides for, among other things, abelow-market rental rate. The lease provides that the tenant follow tl~e rules and regulations of the 1~~'NHCDC Business Incubator. Amonb the services provided by the ~T~I-iCDC Business Incubator are secretarial and clerical support, phone services, FAX and copying services, and consulting services. A copy of our form lease is attached as Exhibit C. The rental of this property as described is not for profit. Instead, the rental of this 1 property and its use by our tenants is purely for the purpose of providing our non-profit services in assisting these fledgling businesses in starting up and getting established. In the event that we are unable to obtain an exemption and are required to pay this tax, we may have to pass this expense alonb to our tenants, which would increase t1~e initial financial burden on them, or the cDc may have to pay the tax out of its operating funds, which would reduce tl~e resources available to provide other services to our clients. In either event, this requirement would Dave a negative impact on our ability to provide service to our clients and to carry out our non-profit purpose. As a matter of fact, tl~e ~~rM-ICDC is required to utilize the receipt of excess revenue, if any, from its rental activities for program development and charitable purposes, pursuant to its mission as a 501 (c) (3) corporation. In tl~e case of In re Taxable Status of Property, 4~ N.C. App. G32 (19S0) (a copy of which is attached I~ereto), real property used by VV.R. Winslow Memorial Home,. [nc., a non- profit corporation,.. as a nursing home for the aged and infirm in Elizabeth City, North Carolina. The residents of the home paid an initial fee and continuing charges for the 1 77 APPELLANT'S EXHIBIT' services they received ~vi~ile in tl~e Home. The corporation was a tax exempt organization under LR.C. 503 (c) (3). .The County argued in this case .that, since the property was occupied by one other than the owner, and that the occupation was not. gratuitous, it was not entitled to an exemption under N.C.G.S. 105-278.7. (a) (2).. ~ - . ~ • ,, The North Carolina Court of Appeals in this case determined that the .property was entitled to this exemption; Relying on Wake County vs. 1n~le, 273 N.C. 343, 347, 160 S.E. 2d 62, 65 (196S), the Court held that the determining ,question is whether the owner is a charitable institution and whether it used tl~e property in question for charitable purposes. Holding that .the fact that the residents of the.l~ome paid rent for services received did .not destroy the. charitable use of the property. Tlie Court .found that the owner was a charitable institution and that the owner's use of the property ;as a. nursing home was within its charitable purposes and that t•he property was exempt from .tax: See ,, also, In re Appeal of Mecklenbur County, 69 N.C. App. 133 (19S4), a copy of which is ,enclosed. y II. Tl~e use of tl~e property for non-profit purposes vas required, effective January 1, 1995 As pointed out in our letter to you of July 1 S, l 995, the use of the property for the non- . ,prof t .purposes of the. WNHCDC was required by the .terms of the grant which was used to acquire the property in 1994. The OCS,grant agreement was executed prior to January 1, 1.995. Therefore, even prior to January, I, 1995, no other use could be made of this property.. In addition, ,constn,ction was substantial even. though construction of the -units :was not finished as of January 1, 1995. We request that our application for an exemption of this property for 1995 ad valorem taxes be granted. Best regards, - . , .., ackie Peoples, J.D. , . Executive Director , JP/lis cc: Frank B. Gibson Bill Caster ,: 78. ~~~ 3 APPELLANT'S EXHIBIT ~ G- . _ WILMINGTON/NE~V HANOVER COMMUNITY DEVELOPMENT CORPORATION El^ ~ MISSION STATEMENT The purposes for which the corporation is organized are: (a) To improve communications between minorities and low-income citizens with the broader community at large; (b) To enhance the economic welfare, educational and social levels of disadvantaged citizens throughout the City of Wilmington and New Hanover County, North Carolina; (c) To promote public and private partnerships tf~rough neighborhood development and/or ® initiatives that enhance overall community development; {d) To enhance opportunities available to residents and groups to own, manage and operate business enterprises and provide job training in distressed areas and disadvantaged communities; (e) To expand opportunities available to residents and groups to obtain adequate low-cost housing accommodations by constructing, rehabilitating, and providing decent, safe and sanitary Housing in New Hanover County for persons and families oflow-income, who are in need of such housing. (f) To do an' and all lawful activities which ma be necessa useful or desirable f r l~ Y Y ry, o t e furtherance, accomplishment, fostering, or attaining of the foregoing purposes, either directly or indirectly, and either alone or in conjunction or cooperation with others, whether such other be persons, organizations of any kind or nature, such as corporations, firms, trusts, institutions, foundations, or governmental bureaus, departments or agencies. LI n ~ 79 d ~ ,~'xHiBiT ~ Jackir Pwptes, J.D. ~,eCULve OveGfa Peter t. Cartel naaoaale OMeCto' aoarc o' Directors MarvarG Jennings Cneryara on J]CK M.anock Treasury Susan wrnsteaa SC~e:ey tl.. W, Ylilliams, Esq. ~ cnnKel ACvuo' Rev. Jonnny Gtnoun l.uarey Floya Laura Paaq eii Ruadt La Belie nary Dorsey P.icnara Cliette Ea.+rna Johnson Clarence Smith Ursula Wilson 'i Rcvis~J 8/23/95 - . ~ cDc '~'~'ilmington/I~Te~~r Hanover. Com~munit}r De~~elo.pment _. 1. Corporation APPELLANT'S EXHIBIT ~ ~ ., ~• FACT SHEET ~ . ; ~ -- The Wilmington /New Hanover Community Development Corporation (cDc) .~ is a private, noii-profit, 50I ~(c) 3, coi7vanunity-based: organization chartered ~~ for the purpose of improving the economic and social well-being of low- income citizens in `the Cit}/ of Wiliningtoil a~~d New Hanover Count): The organization engages in economic developmennt activities, `parti`cularly the ' development.. of a Small. Business Incubator, as a means of creating ne«r ; business ovv~aership aid job opportunities. The .Board of Directors ,currently consists of fifteen (l5) members who represent a cross section of Ne~~/ Hanover County.- .. _ i The cDc works with Cape Fear Community Colle~e;~ ~LTNCV~~, wind local ' funancial institutions to brim to our coirununity a variet}/ of workshops algid seminars. Ln.1.994 we'touched upon topics as~`.`The Realityof Small. Business O~ytierslni.p'°, . "First • T..ime Home Buying", and ~. ``The - Community Small.. Business Pro ram`'. ~ ~- " ~ , The cDc played a pivotal ~ role iii completing ~ the Empoweriieiit Zone/Enterprise Community application for the City of VJilnaington, and is on the Wilmington Community Coalition Board of Directors. In addition, the cDc is a member of the Chamber of Commerce and the Economic Development Forum with The Coimnittee of 100; The North Fourth Street Partnership, DARE, and the Castle Street Association. The Incubator is in what is kno«~~ as the Hilton Industrial Park, which is located on US Hi~~hway l 17 between N. 5th Avenue and Hilton Street. It is near the heart of do~~nnto~~n Wilmington, the airport and major arteries leading in and out of the City. 80 , S 11 Cornelius Hamctt ntive• \i•ilroinr nn. North Carolina 2RJ(11 '~clcphunc: (91U) iG2.7t5t hag: (91.(1) 76:•iSGS Res•isc~ 3/la/95 1 0 fl SMALL BUSINESS INCUBATORS What is a Small Business Incubator? APPELLANT'S EXHIBIT ~- ~ A small business incubator is a business ~~,~hose purpose is to foster the creation and expansion of fledgling businesses by providing belo~~~-market rental space, clerical services, management consultation, and access to financial services. An incubator can greatly enhance the prospects of a business's success by providing a nurturing and supportive environment Burin<, tl~e critical start-tip phase. Business incubators have been used successfully as economic development tools, as vehicles for promoting economic diversity, and as a means of creating ne~~~ job opportunities. The purpose of the small business incubator, established by the ~~%ilmington / Ne~v Hanover Community Development Corporation (~'~Trl-1CDC), is to embrace all three of these purposes, with an emphasis upon job creation for low and moderate-income individuals. How Did The.' Get Started? Business incubators, as an economic development tool, are a relatively recent phenomenon. They got their start in tl~e 1960's and have flourished in the 19S0's. There are approximately 400 incubators in the United .States today; 95% of these have been established since 1950. Business incubators in the United States Dave three historical roots. Tiie first has to do with efforts to re-develop inner city blighted areas and/or distressed industrial areas. The second stems from the gro~•th of•innovation centers which attempt to facilitate the transfer of ideas from universities to private sector, entrepreneurial firms: The third source of development is private initiative, in which successful individuals or groups of investors have sought to transfer their own experience with new ventures to start-up businesses, and devised incubator-like environments in order to help these ne~~ firms succeed. .A fourth motivating factor, ~vl~icli in many cases is linked to inner city redevelopment efforts, is the desire to create jobs for Jo~~'-income individuals anC business opportunities for lo~v and moderate income citizens.. \\'hat Arc Their Characteristics? Tite primary characteristics of small business incubators are: • Shared sen~ices to tenant businesses, such as: clerical services, mana~_entent consulting services, -and access to financial assistance. • Affordable working space at below-market rent. • A congenial, supportive environment in wlticlt companies can acquire valuable knowledge from each other and develop mutuall~~ beneficial trading relationships. • A partnership with the public sector, universities, community ~_roups, and private sector actors to attain its coals. 81 ~l RcriseJ 3/1 a/95 Ho~~• Successful Arc The}•? • . APPEL(rgNT~S EXHIBIT A- ~ Business incubators have proven ti~emselves, during the past decade, as extremely viable vehicles for the successful development of small businesses. 617ri1e lhc~,foilr~re ra/e fnr small hrr.ciness .r/ar/-~rps in general (drn•ing lherr firs) ,~ti~e years) rs DSO percent, the sr~ccers ralc ~f h~rsincsse.c ~ha~ ger /heir: slam rn an rncr~bato/• rs 80 peree/r1! It is for this reason that the ~~Trl-ICDC has chosen to establish a small business incubator as a means .of promoting economic de~~elopment. .. ~. ,. - - ~;., ~~'hat About The WNHCUC Business=Incubator? The VVNHCDC has purchased, three commercial ,condos and an .acre of land in the Hilton Industrial Park. . . Each condo 'has 1500 .square feet .with 'a, mix. of. office space and manufacturing or work space. The ~~~rHCDC has units of ],500 sq. ft. -These units- are leased at below-market .rental rates to fledgling, businesses engagd in liei~t manufacturing, service-related industries, research and development, and construction. The facility, otherwise known as the Wilmin`ton,Business Center, proyid.es what, is known in the. trade as F "flex,~space", which can accommodate; in general, businesses with needs of between 1200 and X000 square feet of space (in' some cases, more} which m'ay include a combination of manufacturing, storage and office space. The location provides easy access to major arteries,•. the airport, and downtown Wilmineton, and the settin, and environment is attractive.and conducive to business activity. . The basic :purpose of the incubator. is to .provide, a variety.of. business services designed toy help fledgling businesses in the~critical start-up phase. The basic services that will be provided .are as follows: . ,.. „ • ~ Space at below-market rental rates , Referrals for management consultin; services in various areas • Office and secretarial services Businesses may be charged. a nominal fee for these services;. which, along with rental rates, may be raised according to the tenant's increasing ability to pay, and as the time .for graduation from the incubator approaches. Normally, tenants will occupy space in the incubator for a period of two years, after wluch they will be expected to "Lraduate" and find suitable and adequate facilities. in the community-at-large for their expanding business operations. (See Addendum I for current list of fees) ~~'ho Arc the Customers? The incubato: will target small businesses that are en`,aged in light manufacturin~_ and/or service industries employing five to ten people, requiring.: a small amount of space at a reasonable rate. Tl~e basic condition 82 ~~ ~~ Rc,~~scds,ta,95 APPELLANT'S EXHIBIT ~ that must be met is that they provide job opportunities for low-income residents. Tenants that locate in the incubator must agree that 75 percent of the jobs created will be targeted for low-income individuals. «'t~at is a Business Plan? ~~ As part of the application process, an applicant is required to complete a business plan. This plan is the . complete explanation of low the owners plan to develop their business and attain their goals. This not only will tell us about you, but most applicants will equally find that in preparing the Plan, it causes them to consider all aspects of forming and operating the company in order to assure overall ' success. (See Addendum Il for fiirti~er information on I~ow to complete tl~e Busi~-ess Plan.) ,. ,. 1 83 ~-X~r ~~~•r a ~~ ~Vilmington/N'e~~~ Hanover Community Development Corporation 511 Cornelius-Harnett Drive Wilmington, Nc 2sao1 APPELLANT'S ~910~ ~~2-~sss EX H I B I T~/ ~ WILI~~[INGTONT BUSINESS CENTER APPLICATION PACKET THIS PACKET I1~TCLUDES: 84 Rc~•iscd 3/ld/95 I. ELIGIBILITI' GUIDELINES '-' II. APPLICATION PROCESS III. APPLICATION' CHECKLIST IV. APPLICATION ~'~~ilmington/1\e~~• Hanover Communih' Development Corporation I. Eligibility Requirements 1. Tlne purpose of tlne Incubator is to: • assist small businesses in the light manufacturinb, service or research and development industries • create employment opportunities for lo~~~-income individuals ~. The busuness should be: • a developvng business, or • a start-up business, • able to create a minimum of ~ jobs over a 2 year period 3. The business o~~~ner must agree, in writing, that: APPELLANT'S EXHIBIT ~ ~- • 7~% of those hired will be low-iicome individuals (according'to the most recent. poverty standards published by the US Department of Health and Human Services}, but • The CDC (through its associates) will assist ~~-ith training, if requested. 4. An applicant must sho~~~ evidence of need for the kind of assistannce the Incubator provides. ~. Ail applicant must demonstrate that he/she has a viable business idea. G. The CDC ~~~ill actively and affirmatively reel: to provide assistance to qualified minority and female entrepreneurs. ~ 85 1 . ~ .APPELLANT'S Q II. Annlication Process EXHIBIT ~ 3 ~x 1. Initial consultation ~~~ith Incubator Manager, to include a video overview and recei~~e application package. ~. 2. Re~riew Business Plan with Incubator Manager. 3. Return completed application to Incubator Manager. 4. Applicant notified, in writing, of Review Committee decision whether to proceed or decline application. 5. A licant notified in ~~ritin of final decision. ~. PP ~ g~ a _ o ~- ~ o .. . , ..~ Q .. _ ... ~."*Froin receipt of a completed application until the applicant is notified of the final decision is approximately thim~ (i01 days. u 86~ ~ ~ ;- r CHECKLIST FOR APPLICATI0;1'S STAGE I APPELLANT'S EXHIBIT B~- APPLICATION (See Addendum II) (to include): (1) Summar)~ of Business Plan (2) Marketing Plan (3) Financial Statements (a) Current (b) Projected (4) Company size -employment plan (S) Operational Plan (6) Resumes of owners and key manaeement. (7) Details of (at least) three independent references. STAGE II TAX RETURN'S: (1) Personal tax returns of applicant (for past 3 years) (2) If applicant has been in business, owner's personal tax returns R: business tax returns (for past 3 years). (3) If applicant is a corporation, annual returns for past 3 years; tax returns on all officers and directors of the corporation. APPRAISALS: Real estate and equipment, if applicable. AUTHORIZATION FOR CREDIT CHECK: Provide name and address of bank(s) with which you have done business with in the last three years. Please include Bank Account Numbers. 87 4 Wilmington /New Hanover Community Development Corporation Small Business Incubator Services CLERICAL: Receptionist ...................................:................................................. No Charge Typing (1 pace letter/envelope/stamp) ............................................. 52.00 (each additional pace) ....................................:................... 5 :50 (envelope/stamp) .........:............::........................................ 5 :50 MISCELLANEOUS CLERICAL: Typing ............................................................................................ 52.00/hr. Photocopying (includes sorting and stapling) ................................... 5 .l O/copy AI~TCILLARY: Copier.. ., .........................................:.........~..... 5.05/coPY Fax: Send .............................................~..............................~....:.:............. 51.00 Receive .......................................................................................... 50.25 AdJcndum I APPELLANT'S EXHIBIT ~ ~ PROPERTY SER~~ICES: Conference Room ................................... :...~. ~ . No Charge ___ Telephone Service ~ Hook Up ...................................................... S 100.00 cone-timc fcc) Trash Pickup/V~'ater ....................................................,................... ~4~.00/per mo. (fora 1500' unit) Limited Advertisin; ........................................................................ No Charge ~~ ' Allocated Parl.in y .......................... No Charge g ................................................. ~ NOTE: The abo~~c rate schedule is subject to change. 88 Rc~~iscd l0/17/9S 1 r ii ri Wilmington /New Hanover Community Development Corporation Application (The Business Plan) Addendum II APPELLANT'S EXHIBIT ~ ~ This Plan should consist of (at least) the following. Comments {lave been added to assist the applicant. 1. Business Plan Summar,~ Usually this is completed last and is a brief one or two page summary of the package. 2. Marketing Plan What are you going to sell? Who is the product or service targeting? What experience do you have? .What equipment will you require? Wliat competition will you have and how will you compete? How will you proceed with your business? This section can be one (or more) pages. Often, such things as pictures of what you sell, independent references to selling prices, the required equipment, or your competitor's adverts are helpful to include. 3. Financial Plan This is two-part. What is your business' current status (if applicable)? The second part should be projected (perhaps in quarterly) sections of your start-up costs, initial operational income and expenditure, and what full operations will look like. Perhaps the applicant would like to discuss the detail .and extent of this section with the Incubator Manager before commencing. It is always very useful to include supporting notes to explain i~ow you arrived at tl~e numbers. 4. Company Size - Em~lovment Plan This section is very important. The CDC exists to Help develop small businesses for the purpose of creating jobs for love-income individuals. So, we need to know your plan for employment, to include details of positions (job descriptions) and numbers of employees you plan to hire over the first three years. This should be about one or two v pages. 89 n ' ~ ~ APPELLANT'S 5. Operational Plan ~~; I~ I B ! ~' Although, in part, similar to your marketing plan and employment plan, this concentrates more on your operation. This should discuss how you will run your business. How do you envisage future growth? Again, this should be about one or a two pages. 6. Key Management. Resumes a We need to know something about the owners and their key .management. This should include past employment and experience in the business you wish to develop. 7. Independent References We need at least three references that the CDC may contact. ~'es, it's detailed, and lengthy, but we think you will find it as helpful to you as it will be informative for us. Starting up a business is very demanding and challenging. ~~'e think the Business Plan will be a good reference guide to you. ~' ~• . ~ t .. 90 ~ ~'xn%BiT C APPELLANT'S EXHIBIT C I. .NORTH CAROLII~'A NEVd HANOVER COUNTY THIS LEASE, made and entered into this the by and between the Wilmington/New Hanover Community Development Corporation (WNHCDC), 511 Cornelius Harnett Drive, V1'ilmington, North Carolina 28401 (Lessor) and (Tenant), for the lease of Unit # ~RTI~TESSETH: 1. Subject to the terms and conditions hereinafter set forth, Lessor does hereby let and-lease unto Tenant, and Tenant does hereby accept as Lessee, a certain portion of a building located on Cornelius Harnett Drive in V~~ilmington, North Carolina, said space containing 1500 square feet, as outlined on the floor plan of the building attached hereto as and incorporated by reference herein. The premises. are to be used for and confined to the purposes of and for no other purposes without tl~e expressed prior written consent of the Lessor. 2. The term of this Lease shall be for ~ commencing on the ,and to end on the 3. -The Tenant covenants and agrees to pay to the Lessor the startin, monthly rental of ,on site at the facility manager's located' at ~l l~Cornelius Harnett Drive, or such other site as may be designated, made out to the Wilmington/New Hanover CDC said payment to be made in advance for each month's rental on the first day of each month during the term,' except that the rent for the first month of the term and a security deposit of one additional month's rental shall be paid to the Lessor simultaneously with the execution and delivery of this lease. The basic rent, any additional rent or surcharges and all. other sums- payable thereunder to or on behalf of Lessor shall be . paid without notice or demand, and without set-off, counterclaim, abatement, suspension, deduction, diminution or defense. Upon the expiration of this Lease and the return of the premises to Lessor in satisfactory condition as described herein, Lessor shall return the "security deposit to Tenant. However, should Tenant in any manner be in default or damage the demised premises, then Lessor shall keep all or such portion of Lease deposit as may be needed to cure the default or make necessary repairs. '. 4. The Tenant ex ressl acknowledges that the remises have been urchased and/ p y p p or constructed with public funds, that Tenants have been selected because of their potential success as new 1 small business enterprises, and' that by becoming a tenant, Tenant agrees to: .. , 1 91: SI 1 Cornelius Harnett Dri~•c. Wilmington. North Carolina 2S~1U1 Tc:i: (910) 7G2-7j5i Fax: (910) 7G2-7iG5 f,rrcrvu~iv 1 'J , EXHIBIT ~ ~-- A. To pay all rent and other fees at the time and in the manner provided in this agreement; B. To maintain the premises and any adjoining or outdoor space made available for use by the Tenant in the same condition as when received, less ordinary wear and tear or any damage covered by insurance, and to place no trash or obstructions in common areas available for use by Tenant; C. To make no additions or alterations to the premises without t}~e express prior written consent of the Lessor; D. To abide by the rules and regulations for the operation of the WNHCDC Business Incubator; E. To maintain the premises free from recognized hazards that are causing or likely to . cause serious injury or death, and to maintain adrug-free workplace; - F. To abide by the zoning requirements of the City of Wilmington, pertinent to the incubator facility; G. To permit entry by the Lessor at any reasonable time to inspect the condition of the premises and to ensure that Tenant is in compliance with the terms and conditions of this Lease; ~ . H. To acquire and maintain at Tenant's own expense throughout the term of this Lease .general liabilit;~ insurance, of not less than 5500,000.00, to include bodily injury and property damage. The Lessor shall not be liable for any damage or injury to Tenant, or ,. any other person, or to any property, occurring on the demised premises or any part thereof, and Tenant agrees to hold Lessor harmless from any claims for damages, no matter how caused. Tenant must provide Lessor ~;~ith a copy of Certificate of Insurance. 5., Tenant shall not assign; transfer, mortgage, pledge or otherwise dispose of this Lease or any part thereof, or sub-let the premises or any part. thereof or permit said premises to be occupied by any other persons without the express prior written consent of tl~e Lessor which shall not unreasonably be withheld, provided the purpose of the sub-lease are in conformance with the general objectives of the incubator and tl~e sub-lessee,will conform with tl~e regulations of the Incubator. ; However, upon the written request of the Tenant, tlie. Lessor may sub-let the demised premises or any part. thereof. Lessor may collect the rent from the assignee, sub-tenant or other occupant and apply the net amount collected to the rent herein reserved, but no such collection shall deemed to be a waiver or release by Lessor of any obligations of the Tenant hereunder. . ., 6. During the term of this Lease, Tenant shall provide and pay for all electricity, heat, water, sewer, and other utility charges, deposits, hook-up fees or other sums which may become due and payable as a result of tl~e Tenant's use of the demised premises. Tenant shall also provide for any and all janitorial services v.~hicl~ are or may become necessary for tl~e regular cleaning and maintenance of the area leased to the Tenant. 92 - 2 APPEL~p,RT'S ~ c3 .EXP{-gIT '~ .. 7_ Lessor hereby covenants with the Tenant as follo~~~s: .A. upon payment of the rent and performance and obsen~ation of the aforesaid covenants, the Tenant shall and may peaceably and quietly have, hold and enjoy the premises for the term aforesaid, provided, ho~~~eyer, that this. covenant shall not extend to any interference with Tenant's quiet enjoyment ~~~hich may be caused by other • •. Tenants or occupants in the building. T~vo parking spaces. are allocated.per unit tenant: B. To make re airs to structural defects and deteriorations of the outer walls, foundation P and roof in accordance with maintenance policies established by the Lessor. S. It is ex ressl ~ screed that if at an ~ time during; tl~e term of this Lease, tl~e Tenant should be P ) .. ) adjudged bankrupt: or insolvent, or the interest or estate herein demised should be taken away from Tenant b~~ operation of lave or any other leeal process, such adjudication or determination shall terminate and cancel this Lease without further notice or action on the part of either party hereto, and Lessor nta~~ at once re-enter and take possession of the demised premises. Tenant shall immediately and without notice from the Lessor vacate the premises upon the occurrence of any of the aforesaid event. In case of any termination of this-Lease upon the happening of any of the aforesaid events, the Tenant shall indemnifiJ the Lessor for all loss and damage which Lessor may suffer during the remainder of the term by reason of such termination, whether throueh loss or decrease of rent or otherwise. All personal property placed or moved in the premises shall be at the risk of the Tenant or the o~yner thereof, and Lessor shall not be liable to Tenant for an~~ damage to -said personal property, or to Tenant, arising from the malfunctioning of an~~ plumbing or electrical sen~ices or from any act of neglieence of any co-tenant or occupants of the building or of any other person: 9. Should the Teased premises be ir. any manner damaged by fire, flood, wind or other casualty, the same shall be repaired at tl~e discretion of and at the expense of tl~e Lessor, if the damage is so ' extensive as to render the building uninhabitable as determined by tl~e Lessor, the rent described herein shall cease until such time as the building shall be put in repair and fit for occupancy aeain by the Tenant. In the event of the total destruction of the premises in any manner, the rent .owed as described hereunder shall be paid up to the time of such destruction and from thenceforth, this Lease shall cease and terminate without further notice or obligation on the part of an~~ of the parties hereto. ' ]0. It is expressly a`reed that if any monti~l~~ installment of rent or other lease related payments as I~erein called for remain overdue and unpaid for 30 da~~s, the Lessor, at its option at any time during such default, may declare this Lease terminated and canceled and. take possession of the demised ' premises as set forth hereinabove. 1 1. Other agreements: - 1 93 1 APPELLANT'S EXHIBIT e ~' 12. This agreement shall be binding upon and shall inure to the benefit of the parties hereto, as ~~' well as their successors and assigns, during the entire term of this agreement or any extension hereof. Either party to this agreement may cause it to be recorded with the New Hanover County Reeister of Deeds. - . , ~~ ., IN TESTIMONY WHEREOF, the parties hereto have caused this Lease to be executed in its respective corporate name by its Executive Director and attested by its Secretary, and sealed with its common seal, in duplicate originals, one of which is retained by each of said parties, the day and year first above written. . (Tenant) (Executive Director, WNHCDC) (Secretary) .. ~~ ~~ ~- . ~ .. o . _ ~ . .: .. . .~ ~ ~ a i . ... a . o a 94 ~~ a 4 -~1-~ ~~~1T S 10~-2 7S.7. Real -and personal property us~~~•B 11' ~ educational, scientific, .literary, or ' charitable purposes. (a) Buildings, the land they actually occupy, and additional. adja- cent land necessary for the convenient use of any such building -shall be exempted-from taxation if wholly owned by an agency listed in subsection (c), below, and if: . (1) Wholly and exclusively used by its owner for nonprofit edu- ,~ _ cational, scientific, literary, or charitable purposes as. de- . ~ fined in subsection (e), below; .or • •..• • §105-278.7 PROYERTI' SUBJECT To. TAXATION fi105-278.7' (2) Occupied gratuitously by an agency. listed in subsection (c), below, other than the owner, and wholly and exclusively used by the occupant for nonprofi*_ educational, scientific, • literary, or charitable purposes. (b) Personal property shall be exempted from taxation if wholly owned by an agency listed in subsection (c), below, and if: (1) Wholly and exclusively used by its owner for nonprofit edu- . _ cational, scientific, literary, or charitable purposes; or (2) Gratuitous).y made available to an agency listed in subsec- _ tion (c), below, other than the owner, and wholly and ex- elusively used by the possessor for nonprofit educational, • scientific, literary, or charitable purposes. . (c) The following- agencies, when' the other requirements of this section are .met, may obtain property tax•. exemption under this ' -- seciionc ~ ~ • -- - -•---•-~1~-A~har-itable-association-or-institution, -•- ' J . (2) An historical association or institution, (3) A veterans' organization or association, (4) A scientific association or institution, . (5) A literary association or institution, (6) A benevolent association. or institution, or (7) A nonprofit community or neighborhood organization. ~(d) Notwithstanding the exclusive-use requirements of subsec- .- tion (a), above, if part of a property that otherwise meets the sub- section's reouirements is used for a purpose that would- require exemption i` the entire property were so used, the valuation of the part so used shall be exempted from taxation. . (e) Tl~e fact that a building or facility is incidentall}~ available to and patronized by the general public, so long as there is no material zmount of business or patronage with the general public, shall not - defeat the exemption granted by this section. (f) Within the meaning .of this section: (1) An educational purpose.is one that has as its objective the • education'or instruction of human beings; it comprehends the transmission of information and the training or deve]- - - oprnent of the knowledge or skills of individual persons: (2) A scientific purpose is one that yields knowledge systemati- cally through research, experimentation, or other work done in one or more of the natural sciences. (3) A literary purpose is one that pertains to~ letters or litera- ' tore (including drama), especially writing, publishing, and the stud}~ of literature. ~ (4) A charitable purpose is one• that has humane and philan- ' tllropic objectives; it is an activity that benefits humanity or a significant rather than limited segment of the commu- ~ C_ - nity without expectation of pecuniary profit or reward. The J humane treatment of animals is also a charitable purpose. a J (1973, c. 695, s. 4.) :. .. APPELLANT' s3s I`• C• 263 SOt"TH EASTER?' REPORTER, 2d SERIE~X H I B I T and that the car belongs to the petitioner, do not lead in am conceivable wa}•. to the conclusion that petitioner has failed to tarn' his burden to show lack of knowledge. The court has made no attempt to enter an}• findings with respect to the petitioner's knowledge of the purpose for cchich his car u•a< being used. But, factual determina- tions concerning what he kneR•, or had rea- son to belie~•e, or to what uses of his vehicle he actuall}• or impliedl}• consented, must be made before the fact-finder can ansu~er•the essential issue and before' it can conclude that the petitioner has' failed to cam' his burden. See Mate r. Ricnz.•dson, supra. Perhaps the reason the court's findings prove so deficient result from; the total lack of evidence from which findings to support .such a conclusion could be made. All the evidence in this cz_~e dicate< the cont.-arc conclusion. This is the second and most significant infirmit}• of the conclusion entered b}• Judge Bruce. The uncontradict- ed testimony' of the petitioner is that he entrrsted his car to Marino, a•ho, from the record before us, hu not beer.' linked in an}• respect to the transaction between Officer Steuart on the one side, and '~ie}•e:-s and Aioslev on the othe-; tha: p•::itioncr ~•u in jail in ~~~ilmin~ on when >Se~•ers and ~losle}• used his car to transport qualudes; that he . did not l:nou• and had never met those tu•o individuals; and that he had not authorized such a use of his car, nor did he know until approximatel~• a week after the vehicle u•as seized, that it had been used in violation of the narcotics laws. The onl}• permissible conclusion to be drawn from his testimon}•, , which we emphasize is the onl~• evidence on the essential issue of knowledge, is that the petitioner has carried his burden of proving that he did not know and had no reason w believe that his car u•as being used b}• ~fe}~- ers and ?.fosle~• to transport controlled sub- stances. It follows that he ~ru entitled to the return of his car. G.S. § 90-11?.1(c) (19 i9 Cum.Supp.). The record discloses, however, that, sub- sequent to the entry of the order of forfei- ture, the paries agreed to the sale of the car, and an Order of Sale u-as thus entered on 13 Jul~• 1979. In that Order Judge Bruce directed that the proceeds of the sale, which remained after the .deduction of cer- tain expenses, be held b}• the Clerk of Supe- rior Court of Onslou• Count}' pending the outcome of this appeal. We hold that the petitioner is nou• entitled to those proceeds. For the reasons stated, the judgment is reversed, and the cause is remanded to the Superior Court for the ent.-}• of an Order releasing' the proceeds of the sale of the automobile to petitioner. Reversed and remanded. ~VEBB and Vi'ELLS,~JJ:, concur. N' O ~ RIi NU~6ER $7$1(Y 45 )\.C.App. 632 .In the Afatter of the TAJ~4BLE STATE'S OF PROPERTY CO?~'SISTING OF A 10.5 ACRE TRACT OF L.4.'~~ A.hD ALL IDiPRO~`EDiE'\TS AIt-D • ALL PERS0IAL PROPERTI' LOCATED THEREOF AT 1700 WEST EHRIN- GHA~L'S STREET, ELIZABETH CITY, Irorth Carolina. OM'ned by Carolina Con- e ference Association of Seventh-Da~• Ad- ventisu, Inc. and illade Available to «'. R. W'inslou• ititemorial Home, lnc. tio.791SC556. Court of Appeals of 'north Carolina. Alarch 1S, 1980. The Superior Court, Puquotank Coun- t}', P.alph A. ~;'alker, J., upheld a determi- nation of the Propert}• Tax Commission ex- empting certain propert}• from ad valorem taxes. On .appeal, the, Court of Appeals, Erwin, J., held that fact that nursing home made pa}~menu to church in an amount equivalent t.o interest on loan incurred by church for expansion. purposes and depreci- ation on propert}• did not prevent home from occup}dng propem• gratuitoush• so as. to be exempt, from, ad valorem taxes, in that propert}• u•as being used for charitable purposes b}• a charitable institution. Affirmed. 96 ,•~~ Taxation a?d~ Fact that menu to church interest on loam pansion purpos( J- ert}• did not pry propert}• gratui from ad valore~ was being used charitable insti 7(aX2). (cX1). (f~ This action be ers of Pasquota• tt'inslou• Afemo~ lion from ad appealed to the sitting u the P,evieu•. The P~ dered that the propert}• b}• Pu and that respor be a11ou•ed. Th~ Puquotznk Cou Superior Lour'.. „ Ptopert}• Tax conclusions u•er, and affirmed th from ad ti•alore. ed. white, Hal'.. b}• H. T. Mullen°~ Elizabeth Cit}•,I J Puquotank Co ?~Sount, R"hire Carden, b}• E. ,~ Carolina Confe Adventisu, Inc. rial Home, Inc., Johnson, Ga H. Johnson, P,: Health Care Fa• ERV4IA, Judi Pasquotank l that: "The Super the August 4 1\orth Carolir which final d~ elusions, and of lau• on the -, Ili !. -~ uction of cer- ®rk of Supe- nding the hold that the e proceeds. ~udgment is -sanded w the fan Order sale: of the ~ur [l ~E ST:~TUS ~TING OF A '~~ A-~i D .~ti`D ALL LOCATED T' EHRI?v- .TH CITY-, olina Con- enth-Day Ad- ~able to ~•. Inc. ~arolina. i®tank Coun- .,~ a determi- ommission ex- d valorem •~f Appeals, nursing home n amount ~curred by nd depreci- orevent home ously so as r taxes, in for charitable i ion. APPELL~(~T'S EX H I BJ T 3 I1IATTER OF TA_~ABLE STATUS OF PROPERTY, ETC. N. C. 839 Clte as, N.C.App.. 261 S.F~d 818 Taxation" X241.1(4) ~~ Fact that .nursing home made pay- ments to church in an amount equivalent to. interest on loan incurred by church for ex- pansion purposes and depreciation on prop- s: erty did. not prevent home from occupying property gratuitously so as to be exempt . from ad valorem taxes, in that property 1.. was being used for charitable purposes by a s: ~' charitable institution. G.S. § 10~-278:= This action began when the Commission- ers of Pasquotank County denied the W. R. Winslow Memorial Home, Inc. an exemp- lion from ad ti•alorem taxes. The .home ,appealed to the Property Tax Commission, ~_ sitting as the Board of Equalization and Review. The Property Tax Commission or- dered that the assessment of the subject property by Pasouotank County be set aside { • and that respondenu' claim for exemption be allowed. The Board of Commissioners of :~ Pasquotank Count}• petitioned for review in :" Superior Court. The court found that the 4• ; :. Property Tax Commission's findings and ~~~-" conclusions were supported by the evidence y. and affirmed the order .allowing exemption `~. from ad valorem taxes. Petitioner appeal- ':': ed. r,: White, Hall, }sullen, Brumsey 8: Small, by H. T. 1~Iullen, Jr. and G. Eh•in Small III, Elizabeth Cit}•, for the Bd. of Com'n of ~' Pasquotank County, petitioner appellant. c. Mount, White,' Icing, Huuon, Walker g. ' Carden, by.E. J. Walker, Jr., Durham, for :; Carolina Conference Assn of Seventh-Day Adventists, Inc. and W. R: Winslow I~femo- - rial Home, Inc., respondent. appellees. Johnson, Gamble & Shearon, by Samuel • H. Johnson, Raleigh, for North Carolina • Health Care Facilities Assn, amicus curiae. ERWIN, Judge. Pasquotank County contends on appeal that: "The Superior Court erred in affirming the August -1, 1918 final decision of the North Carolina Propert}• Tax Commission which final decision made findings, con- clusions,, and decisions affected by error of law on the part of the Commission and unsupported b}• substantial competent ev- idence in view of the entire record as submitted and ~rhich final decision ad- judged that the assessment by Pasquo- tank County` of ce.-t.ain property owned by respondent be set aside and that the property be exempt from ad valorem tax- ation pursuant to G.S. 105--278.i(aX2)." (Typed from material. in all czps) We find no error and. affirm the judgment entered. • The evidence presented before the Prop- erty Tax Commission, sitting as the Board of Equalization and Review, tended to show the follo~•ing. The N. R. Winslow Memorial Home, Inc. is a nursing home"operated mainl~• for the aged and infirm located in Elizabeth City. The home is affiliated .with the Seventh- Da}• Adventist Church and is funded partly through the W: R. n-inslou• Foundation. The land on which the home is located was donated to the Seventh-Da}• Adventist Church by W. P. Winslow, w.ho had a spe- cial interest in the c: re of the aged. The home is run as a nonprofit corporation sepa- rate from the church, although the philoso- phy of the Seventh-Day Adventist Church is obeyed in the administration of the borne. The major application of that philosophy is in concern for the spiritual, emotional,.and mental well-being of the patienu in addi- tion to concern for their physical well-being. There are. no religious or other restrictio>u on entry, except that maternity, tubercular, alcoholic, mental, or drug addicted patients are forbidden. A11 patients must be able to pay the home's fee when they are admitted, but that rule is ~tiolat.ed in practice. The home does pay certain sums labeled "rent" to the Carolina Conference of the Seventh-Day 'Adventist Church, but that is merely a label of convenience. The sums consist of the interest on a mortgage,•which the church entered into to provide funds for the expan- sion of the home. and a sum for deprecia- tion. The church accumulates the deprecia- tion for future capital improvements. The home's auditor testified that were expenses which the home woul a e if it APB ELLI~~JT'S E~h`IBIT~ ~- ~Q ?~. C. 263 SOUTH EASTERN REPORTER, 2d SERIES o~'ned the propert}' and that the church did not earn a profit from the rent. The ad- ministrator of the home felt that it was no longer possible to define a charitable insti- tution as one ~•hich prodded services free of charge, because the government now provides funds for the indigent. He felt that the home ~•as a charitable institution, because it prodded .more services than are co~•ered b}• government reimbursemenu. ?~Sedicaid paid all or a portion of the home's fee for most of iu patienu, but Diedicaid placed a ceiling on reimburse- menu. The home ~•as not allowed to charge the patienu or their families the difference bet~•een the ?~Sedicaid payment and the home's fee. 'Medicaid paid the home 523.00 per day for skilled care; the home's expenses for skilled care were 531.46 .. per da}•. '~Sedicaid paid S?3.30 per da}• for intermediate care;. the home's expenses ~•ere .S24.8? The difference was made up by donations, chiefl~• from the ~t'inslow Foundation. \o patient had ever been forced to leave the home because he or she could not pay the home's fee. Some patient had been admitted «•ho did not oualiiv fo-'~Sedicaid znd who could not pa~• the fee: others Were admitted. before their 'etc-dicaid eligibilit}•..or other fee ar- rangemenu were determined. It wa's a pol- icr of the home to tn• to determine the method of na~•ment before admission. There had been a surplus in recent }sears, after donations, which the home had used to air condition the original building.. The home had no stockholders and paid no divi- dends. Iu asseu Would be distributed to the church if the corporation ~•ere dis- sol~'ed. The home was exempt from state and federal income taxes as a charitable institution. • Exhibiu included financial statemenu for the home from 29,.4 through 1977, the constitution and b}•la~rs of the Carolina Conference of the Seventh-Day Adventist Church, the Articles of Incorporation and Bylaws of the W. P.. Winslow Memorial Home, Inc., and a letter, from the home's administrator to the Department of Social Sen•ices concerning determination of Med- i d talus prior to admission. ~' ' The County contends that the decision holding the real propert}• in question is ex- empted from ad valorem taxation by G.S. 105-278.7(ax2) is wholly unsupported by ei- ther the findings of fact made by the Com- mission on the entire record as submitted, and in order for propert~• to be exempted from ad ti•alorem taxation under G.S.•105- 278.7(a)(2), it is necessan' that the property be "wholl}• and exclusivel}• used by the oc- - cupant for nonprofit educational, scientific; literar}•, or charitable purposes" and that if it is occupied b}• one other than the owner, it must be "occupied gratuitousl}•." In considering this case, we agree with the statement written by' Chief Justice Par- ker in Wake Count}' ~•. Ingle, 273 N.C. 3s3, 346, 160 S.E.2d 62, 6; (1968). "What is said in Southeastern Baptist Theological Seminar}', Inc. v. K'ake Coun- t}•, ?S1 N.C. 775, 112 S.E.2d ~~, is rele- vant here: 'In this connection this Court stated in Harr.'son t•. Guilford Count}•, 218 N.C. 71~, 12 S.E.2d 269, that statutes exempting specific propert}• from taxa- lion because of the purposes for which such propert}• is held and used, are and should . be construed strictl}•, when there is room for construction, against exemption and in favor of taxation (cit• ing cases). "'Bv the rule of strict constroction, however, is not meant that the statute. shall be stintingl}• or even narrowly construed but it means that even-thing shall. be excluded from,•iu- operation which does not clearly come within the scope of the language used." Stacy, C. J., in State v. Whitehurst, 212 N.C. 300, 193 S.E. 657.' " . Our determination will be made in view of the above. Carolina Conference Association of Sev- enth-Da}• Adventisu, Inc. is a nonprofit cor- poration ~-ith authority to hold title to and . operate schools, churches, and medical facil- ities and "to Carr}• on an}• line of religious, educational, benevolent and philanthropic work." The occupant and operator of the nursing home is' V~'. R. Winslow Memorial ~. /~•~~ ~ LLRNT'S . EXH ~ 3IT ~ i11ATTER OF T.~X-ABLE STATUS OF PROPERTY, ETC.. N. C. 841 Cite,u, N.C-~WD~ 263 s.E-2d 818 - he decision Home, Inc., a nonprofit corporation of expansion purposes `and-the depreciation on stion is ex- North. Carolina, with authority to "own, .the property does no: prevent .respondent ~ation by G.S. ~ operate, and maintain a home or homes for from occupying the property gratuitousl}•, rted by ei- ~ aged persons or senior citizens." In 1974, and we so hold. y the Com- the property was improved' to' a 121 bed G.S. 105-278.7(a) provides: s submitted, extended care nursing home. The funds for ~~§ 105-278.7. Real .and personal prop- exempted ex ansion were made available throw h a P g erty used for educational, scientific, liter- rG.S. 105- loan obtained from the association. The ary, or charitable purposes.--{a) Build- he property home makes monthly paymenu to the asap- ings, the land they actually occupy, and :ed b the oc- y _ ciation which includes interest on the loan additional adjacent land necessary for the 1, scientific,. and depreciation. The association accumu- convenient use of any such building shall and that if lated the depreciation for future expansion. be exempted from taxation if crholly . an the owner, In Wake County v. Ingle, ??3 N.C. 343, owned by an agency listed in subsection uslv.'` 347, 160 S.E:2d 62, 65 (1968), our .Supreme (c), below, and if: agree with .t Court when faced with an analogous situa- • _ Justice •Par- . ' " ~ ~~ tion held: "[T]hat -the fact that the church main- ~ ' (--) Occupied gratuitously ,by an 3:3 3 V C ' tains and pays the- expenses connected agency listed in subsection (c), below, tist n Ba e ~ with its use of the ,leased property,. which other than the owner, and w•holl}• and l l i d b • h a ' p r <~ , is a church building and its appurtenanc- ve t e occu o exc us use ~ t for Y P •:. Wake Coun-° : , es ~on Rhamkatte Road, does not prevent nonprofit educational, scientific, liter- " ' ' S?~; is rele- - %` :: the church from occupying this property ary, br charitable purposes." •.~: gratuitously.' It pays 'no rent for the G.S. 105-2'i8.7(c)(1) provides: ourt stated- ~ leased property, and mereh• maintains "(c) The following agencies, when the Co:rntc; 218 ,r: and pays the expenses connected-with iu other requirements of this section .ue a~ statutes s ` use of the leased. property which it must ` met, may obtain property tax exemption from taxa- ~' do' to use properly the leased property for under .this section: ' uses for which ~ religious purposes. If . th'e church -had (1) A charitable association or insti- red, are and owned this lensed property and had used tution s ctly, w•nen it, it would have, had to maintain it and Thus, the determining questions are a-heth- .. ion; .against pay the expenses connected with its use er respondent is a charitable institution and. taxation (cit• as.church property.. To adopt a.contran• u•hether it used the propem' in question for c - construction would mean a narrow and , .charitable purposes. onstruction, '-at the statute ;~.;. stinting construction of the statute. It is - clear that if the church were the owner of When presented with a similar situation . narrowly 1' this property which it uses wholle and In Central Board on Care of Jeu~sh .dged, means that ." exclusively for' religious worship, it would .Inc; v. Henson, 120 Ga Apo. 627, 630, 171 ed from its ~' " be exempt from taxation.. It seems to us, " S.E.2d 747, 750 (1969), the. Georgia. Court of ' ,t clearly, come and we so hold, that to hold this property Appeals held: age used." . ;;: in controversy exempt from taxation pur- "Neither would the fact that the resi- " ~~cehurst, 212 suant to G.S. 105--296(3) comes clearly dents' paid rent according to their ability , " within the scope and purpose of the lan- destroy the charitable nature of the insti- ' in clew of • guage used in [hat, statute, and it clearly tution. Brewer v..~merican ~Nissionary - ~ comes within the scope and language of Association, 124 Ga., 390, 52 S.E. 804;. the constitutional provision of Article V, Williamson v, Housing .-luthority of Av- _iation of Sev- section ~, that property held for religious gvsta, 186 Ga. 673, 199 $.E. 43; Elder v. nprofit coy- purposes shall be exempt from taxation. Henrietta Egleston Hospital, 205 Ga. 489, o title. to and Plaintiffs' assignments of error are over- 492, 53 S.E.2d 751. I,n the present case it . edical foci]- ruled." was shown that in 1961, which was stated ~e of religious, . As in Ingle, respondent's payment of an ~ to be typical of the monthly amounts paid nilanthropic 1 amount equivalent to the interest on the by -the residents, more than 50°0 of the . ~•ator of the loan incurred by Carolina Conference Asso- - ~ residents paid less than maximum and of: .slow- lfemorial ciation of Seventh-Day Adventists, Inc. for the 61 residents 11 paid .nothing. The 99_ ANNELLANT'S EXHIBIT ~ 6 ~? '~. C. ~ 263 SOUTH EASTERN REPORTER, 2d SERIES record further reveals that the pa}•menu made by the residents have been insuffi- cient to cover the cost of the direct oper- ating expenses of the home and the defi- cit was made up b}~ contributions.. The purpose of the. home is to care for the • aged and provide for their physical and mental welfare., As is stated in Bozeman Deaconess Foundation T•. Ford, 1~1 Mont. 143, 148, 439 P.2d 915, 917: 'The concept of charit}• is not confined to the relief of the. need}• and destitute, for "aged ..people require care and, attention apart from financial assistance, and the suppl}• of this care and attention is as. much a charitable and benevolent pur- pose as the relief of their financial ~•anu." , ,. ~ ~ .. n'e '.find the opinion in Central Board on Care of Jewish .9~ed, Inc. T•. Henson, supra, persuasive, and we hold that the property in ouestion was properly exempted. from ad ralorem taxes, in that it ~•as being used for a charitable purpose b}' a charitable institu- tion 'within the meaning of G.S. 10~-278.- 7(fx4), G.S. lOc,-?71;.7(a)(2), and G.S. 103= ~i'hen the record before us is re.•ie~•ed as whole, the evidence 'clearh• iustifies the Commission's decision. The judgment~'en- tered below is Affirmed. ' P.OBEP.T bi. hiAP.TIK and WELLS, JJ., concur. w ~ 5 REI NUMBER SIST(v T , 45 N.C.App. 666 Helen R. BROADDL'S ` . Clarke R. BROA.DDLS. Ko; 793DC801. Court~of Appeals of Forth Carolina. '• March 18, .1980. '. • parties during their marriage to each other. The District Court, Pitt Count}•, Robert D. Wheeler, J., granted temporar}• custod}• of children to county department of social ~sen•ices and ordered department` to place ' children in mother's home pending hearing on the merits, and denied father's motion to dismiss, and father appealed. The Court of Appeals, Hedrick, J., held that: (1) father's appeal from denial of his motion to dismiss was subject to dismissal since .not from a final determination, and (2) trial court had subject matter jurisdiction to enter tempo- ran• order placing custod}• of children with department of social services. Affirmed. 1. Appeal and Error. a78(S) Denial of ;motion to dismiss is not a final determination but is an interlocutor ruling and. thus, ordinarily, no appeal lies therefrom.._G.S. § 1-277. 2. Parent and Child X2(20) Where trial court neither had nor ,pre- tended to have personal jurisdiction over father, and obvioush• children ~•e: a -not his propem•, denial of father's motion to dis- miss mother's action' for custody of two ' minor children did not• constitute deterrrii- nation that 'affected substantial rights nor did it constitute ad~•erse ruling as to juris- diction over pezson'or property of father, :and thus appeal from such order a•as ,pre- • mature .and subject to dismissal. ' G.S. 3. Parent and Child d2(5) '' Trial court,, ~~hich found that children were present in \orth,Carolina ~~hen moth- . er's action for their custody was commenced and temporary custod}' order was entered, and which had 'personal jurisdiction .over . _.r mother, had author'sty to enter temporary order placing custody of the ,children with -• county department of social services and ordering it to place them with mother perid- Action was brought.b}• .mother for cus= ing hearing of cause on the merits. G.S. tody of two minor children born' to the § 50-13.5(c), (d}(2). - ,~ .:: ~~ 4. Parent and Ch c Fact .that .;f~ to trial court's. LI placing custod}• of partment of soc to place them ~~L, on the meriu of n ~~ of children, did null and roid: L This is an acts- two minor childr ing their marria~ complaint verifies filed 1 Decembe she and ,her nus~__ rated on 3 April dren, hiargaret ~" and Ed~•ard Cla remained with her Pitt Count}•, • Kor. their father on picked up the, c..! visit on 12 Octobe not see them ag~*" although she tall • on three occasiors Plaintiff' attac=~+ ter which she ri ', 14 October' 19 ~ ELr • ' , that he ~•zr taking ]ong 8. extended, . not let her "take was trying to do ~ for there. In • - plaintiff learned ee of duPont, had ', ford, Delaware. that on •29 .No' Delaware, picke._.. brought them bas; Upon the fill Chief District ,~ Whedbee entered bey 1978, granting children to the F~ ~ ;~ Social Services~'aE' • meet to place the their mother pen iu. 100 v v a A 1 6~ ?~. C. APPELL~(~T'S 160 SOIITH EASTERN REPORTER, `?d~SEPIE~" ~~ "The \\;iter continues: `Estoopel is • mos:::equentl~• applied in cases in\•oI\•- . ing consti;utio :al la\r where persons, in some manner; parake of ad\•antages un- der s:at:ites. • The rule is \\•ell settled that one \rho \•oiun:a:ii}• proceeds under a s:a:at- 2nd claims benefits therebt• eon- . ie:: ec' n•ill no: be heard to question its co: s:ia::icaaiin• in order to at•oid its ba:tiers. Certainly suer. a person will no: be allowed to' retain nis ad\•antage o.- :eep his co..*.sideration and Bien re- pudiate the ac; 2s unconstitutional. This p: inciple applies :also to questioning the rules ;o: actions of state commissions.` \ioreot•er, in Cameron \•. \icDonald, sup..-a,-this Court said: `It is.the general rule, subiect to certain e~ceptiors; that a defendant mat- \vai\•e a constitutional as \cell as a statuto:y p:ot•ision made io: his benefit , _ _ and this met- be done by express co..^.srn:, by faiiu: a to zsse-t is in apt time,. or bt• conduct in• consistent \t•iti a DL`rDOSe t0 lasts; unoti i;; citing S:atr \•. Hartsiieid, 1SS \.C. ~~.-~ ]~; c•_• 620•„ upon accepting the benefits under *.he statute, defendants are precluded from at- tacking the .statute, the jurisdiction of tire. court to enter.the order pnttina plaintiff in possession of the prop~rtr, or the tali-. ure of the plaintiii to strictlt• comply tt•ith ' the prot•isions of the statute which defend- ants attack. , Defendants may proceed in the cause to determine just compensation, under G. S. Chapter 13G, Article 9. This cause is remanded to the superior court of Durham County for a determina- tion of lust compensation under prot•isions of G. S. Chapter 13G, Article 9. Fcrtanded. HL'SI~I1'S, J., -took no -part in the con- sideration or decision o: this case. ~ ~ ^t..utin. tern,. • ~ he cons:intio :ail:~• of G.S. ~ 1'.`•-1~9 (,D i• t:•25 a::acl:Cd 0 :: Da:I:0:1Ci \•:;^.O \t•25 sccKi.^.; scholar sh:p bcncra nrot•iced b~• said statute in the case o: P.ar.:se\• \•. ~orh Caron; a ~'ctetans Co:nmissior., 2G1 \.C. G;:, l.i: S.E.?d G.9. The superior court d_nied ': eIie: to the petit:one:, and in ai- ii: a:i: ; the zction of the s::pe: io: tour:, tn;s'Cour: stated: "_ _ she r.:ay not c es:ior. the constirutioraii:y of the ..^.ct upon \rhich she bases her c;aim." 1 1 r 3-3 \.C. 3,3 WAKE COUNTY and City of R~letgh, a municipal corparation v. Ben H. iNGLE, Sr. N o. 524. Surremc Ccurt of forth Carolina. March 20, 1PGS: G \ichols on Eminent Domain, Third - • L• diiion '&.,i21 ~ c2 ~• Ci\•il action to collect and ' foreclos_ ~ -. (-), P• 6,. , ..arcs: - . certain tax assessments upon .-real estate. ~. "I: is undoubtedly the la\t• t'r.at an Alter hearing uoon ,a n•ai\•er of jury- trial otraer -oi land to}:en br ri::ue of emi- upon stipvlaied facts,. the Superior Court, r.en; domain p: oceedirgs \rho has ac- \~'akc. Cotintr, J. tl'illiam Copeland, Spe- cep:ed and beea paid t're at: a-d of dam- cial Jude, adjudged the realt\• to be exempt, ales cannot zfter~t•ards contest the ralid- and the county- and .city appealed.. The i;y •oi the to}.ing, eitne ~ di:ectiy o: eo1- Supreme Cou: t, Parker, C. J., held that latera]Jy, or seek to recot•er ..o: retain the fact that a church maintained and paid) possession of his land, no matte: hou• • exposes conaecred with is use of .lease iundamcntal the. detect ir. the proceed- prop_rty did. not prerent the church. iro~ ing ma\• be." occupyi "gratuitously" \:•itain the terra of an e~iemption s: propert}. \t•as eaem• tuitousl}•" b )' one ocr. ti. t. were owner, trot on• Aiiirincd. I• Statutes aI90 • l;'hen relet•ant lar. ~Isi n and unambiguo;:: on for construction be g~t•cn effect accordir obvious meaning. G•S. f Coast. art, 5, ~ 5• 2• Taxation a20q~2~ Statute prot•iding in should be exempted from e,°Perty' wholly' and eeciu gious \,•orshiP ii la\t•iu ccupb d churches or religio: ott•ner \,.• g; atuirously by o ii!' for pica, if it u•e: a otvn. dnd'una cx'-mp:ion untie; stet do ' G Cb'guous and requires n • ~ 105--290(;)• -• Taxation X244 urns snconnt.rch maintained a netted tritn its uss ' cupPnr}• did not Pre\•ert chcrc. g "1;ratuitoush•" k•ithin is ` ~pcae statute u•hereb!' eer;a;: one fiPted ii occupied " other than oN.n g~atui ox•nc; er tt~hich, i. would qualif}• io: eaemp, 4• Taxation ~24q l~here realty \t•as chu: ch . \t•hich leascsl to it u'as duly or t and religious body- ganizesf and eaclusit•elt. -and used premise: ing no rent. but o. religious \t'orshi expense maintaining and property k a nnecc~ t<•ith use o f .pre § 105-29G(3)s ex ~ Pt iront:LZaation, This is ----~ ' a civil actin c]ose certain n to collect estate tar, assess and heard upon a K•ai crnoi jury- t 101 WARE COU?tT'Y c. INGLE `PPEI,~L~~~rs ~I Ctteas160S.E^dG-' EXHIBIT ~ 8 :s under the _cd from at- :fiction of the :in,^ plaintiff or tl:e iaii- comply u•ith~ •:air deiend- :;:c cause to undo: G. S. :l;c superior do:ermina- 9. -; is :he con- case: . ~f Raleigh, :ion 'a:olina: ..::d foreclose .. :cal estate. o jur}• trial roc:for 'Court, .opeland,' ape- . • :o be e~empt;~ ', pealed. The i., held that -- :ned and paid _se of leased ca;:: ch irorti' :in t're te.~s of an exemption statute \vherebv certain prope:t}• \vas exempted ii occupied "gra- tuitously" by one other than o\cner which, if it \\•ere o\vner, n•ould qualii}• for exemp- lion. :~iiirrned. (. Statutes « 190 # •~ ~~hen relevant language of statute is plain and unambiguous, ~ there •is no oc- ~ ~ • casion for construction and .statute must be given eiiect according to iu plain aad • ~ obvious meaning. G.S., 10.-?96 and (3); ` Const. art ~, ~ d. .. :-~. 2. Taxation 0204(2) ~.~ ~. L ;`. i Statute providing in effect that there should be exempted from taxation certain prope. .y \\•holly. ,and exdusiceiy used for religious \vorship .ii la\viull}• _oa•ncd and , held by churches or religious bodies or ii occupied gratuitously be ore other than ou•ne: mhich, ii it were on•nc:, \could qual- 1iy IOr exemption ,undc- s:atL':e, \t'a5 clear and unambiguous and reouired ao cons:::ic- lion. G.S. 3 10_ ?96(3). ~~. Taxation t~244 That church maintained and paid ex- penses connected \vith its use of leased property did not present church from oc- cup\•ing "gratuitously" +\•ithin terms of ex- emptior. statute \~•hcreb+• certain propem• \~as ::tempted is occupied "grantitously" by one other than o\+•ne: which, ii it \+•e: e o\\ztc:, would qualify io:'exemption. 4. Taxation E~2S4 ~l~herc realty \\•as leis:d to trustees of church \vhich \vas duly organized church and religious'bod\• and used premises \vholly and exclusively for religious \vorship, pa\•- ing no rent but maintaining and paying expenses connected 'with use of propert}•, prope-.t}• +~•as exempt from taxation. G.S. § 10=-296(3).• • This is a civil action to' collect' and, fore- close certain tae _assessments upon real estate heard upon a' \vaiccr of jury trial upon stipulated faces agreed to a::d si; led b}• eoiinseI oa tither side after the com- plaint and ansve: ;rad been filed. The relevant sti_n_lated facts are in es- sence as iollo\\•s: (1) That. «-ake County is a bod.• politic aid corporate of the State of \orth Carolina a^d the c_i:}- of Ralei,h is a .municipal torpor ation of \t"ake Count~•, \orth Carolina, arc eat;. corporation has power and author it;: to assess., Iec.•, and collect taxes a;ains: •: eal 2.^.d personal proc- c-y located \cithir. :heir respec:ice bound- a:ics; (?) that ce'e:•~dant Ir.~:e is thr o\cne: of a certain tot-of realty located is Raiei;h To\\•nship, Rake Count~•, \cithin the :axin; authori:+• of each piair:iif, which rca;ty is t'escribed ?a-ic:....:i}• av --•res and bou::ds; (3) that :-is realty u•as leased by deicndan; to the T:::stees of the Fi: st \lissiora^: Chorea of Raleigc, \or:h Car- , oiica, b:• a a•rittea lease \chica is' iacr.- porated in the rec~:c: (~l t'-,a: the sir=: :~Iisszona:c Cnu:c^ o: RaIei~a ~Or:a Ca: o~ina; is a dul~• or°_nizcd chi:ca a*.d re::- gious body, and :at :hc abo\•e described premises a: c used :drolly ant exdusiceiv io: . cii~ious \co: sal? ; ~.) tax: deienda :: ..:elves ao :e-a .tom tre said _ .r~: \Iis- sionar\• Church io: fife tae of the prooz-}• although the said chu:ch..is to maintain and pat the expenses connected n°th .its use of the prope-•; (6) :hat. the said lease is is full force anC eiiect: (,•)•:hat Piaiatiiis have Lstcd .ac leaser :eal:c for ., taxation and assessed :he realtc for taxa- tion a,ainst defendant, and defendant nas consistentl+• asserted that the said rcait+• is exempt from taxation b~• \•ir:ue of G.S. ~ 10:-?96(3): and fSl deieadant has apt paid anv ta_ees upon the propert;• in con- troeersy. t yon the stipuia:cd :"acts Tt:dge Cope- land adiudged ant dcreed that the realty desc:ioed in the complaint is exemp: from taxation, that the p:aiatiiis reco\•e: noihing of the defendant as ad calore_:. taxes for the period co\•ereri in this action, that ro lien attach to :aid prope.^.~• b}• vir:;:e of the taxes ]e\•ied, a::d that :,fie costs of this action be taxed a,~inst the pia::.tiiis.' 10 • ~ APr~LLANT'S a• _ .. • ~ " '~: C. ,160 SOIIT•H E.gSTERN REPOfiTER, 2d SLE~~ .~ B I T i - _ From tra jufir*;rteat" plaintiffs appeal to The 1961 General. Assembh•~amended G.S. `.mztte o' tris ~~the'Supreme Cou-. .~ 10:-2960) by inserting near the :middle , ~ the Trustees c., , . - the o•ords "or occupied gratuitously by one of Raiei;h, ~ " • Tohn ~. Rob;:-tsoa,, Raleigh, ior plain- ` "other than the o+vner ++•hich{ ii it n•ere the x ;said chn; ch is -, ' tiii;apneLarts. . , ~ on•nc:, +eouId, gtialit}~ ior• the.' exemption ,eiigious bpd;. ~-auk}:.... S. ~~•inbo.ne, Raleigh, ior de- " undo: this section:", ~ iscd ++holi+ c ` iendant appellee. . ~~'hat is said in Southeastern Baptist ~ •, and ,+vor~h p; , on l-i ~ • Theolo~tcal Seminar, Inc.+i~\~l'ai:e Coun+•, .a r no rea : - i ~; r ' , . d proper sa PARj:~R, Chief ,Ttatice.' 2:1 ?~.C, %i., 1L S.E?d :~x, is rele+•ar.: 1 ;• required to n: Plainti:'_s hate .:n•o assignmenu of erroz~. • here:' connected i+•i '" ~ . zeadin; zs folio+rs : • "In this connection this Court sate;: S ~ C ' • , ~ i • The parties sc:io:d in tnc ;'21 . . in Harrison r. Guilford Cou-i,~ 1 "The plain:ii is except to the failure of ~ ,~ ~. ~ ~ ~ i1S, 1_ .. _ _d _69, tha, statutes e~einp:- ~ -the sti ulatec - ~ • the Cour;,to rind as a fac; and as a cor.'_ c]_sio~ of izn• that the defendant is not fag specific property from taxation bc- • ior which such' h f _ ]csse ite nro; in per : ~ "TI e purposes cause o t excmp. from taxation b+• virtue of the. • - ~ property is held and used, are 'and should 1. sisie.ation' o: provaions, of G:~. lOL?9o(3). be: eonst-ued s:: idly, when there is tooth , _ co+•enana net "Tae niaiz .ifs except to the judmcnt ior cons::nction, against exemption and .` '_ filled by' trc lczse to : and - allo++•ia~ the defendant to:be exempt from in iavo: of taxation (citir.; cases).. . ~ ' " ~ as s to begia oi • :aka:ior: •b+• +•irtue of the provisions - "'B.• the rule of strict construction, to'terminate . G.S. ]C--296(3)." ~ . ho++•ecer, -is no: meant that the .statute ~ fain lo• of 1z The \o:th Carolina Constitution, Article s'rall be s:in:in;l}• or etch narro+v]y co::- ~ buiidiag and \', section ~; declares- in 'respect to prop- s:rued .` but it mezns that even-- city enetao ?torn :a_xation that "tae Gene: al thing 'tall be e::eluded from its opera- lion which does no: elea:h• come ~: ithin (3; 4] The Black I i Assemrh a+• e_xemp- cemete: i°s and n: op- n s . • iite:ary, scien:iiic e:n•:neic fo3 educa:io;ial tire: scope "oi, the 'lar.;va,e uses;.' Stae}•; ~, follo++•s: ""~~• , , • culsurz;, chz:i:a'oie o: :eiigioss pu:poscs C. 1'., in State +•. \~'hitehus:, ?12"'~.C. 3. side:a:ior:.'' - " s .. 300, :9.i S._. 6~i, 113 A.L.R.S~O. = „ s;, nol~, trat th. ' - ~ - •' 4 tat^~ a^(• pz+• PC:SLa:7: t0 :•ra: co^s:itu:ional au:noriti•, ~ (1] \'l~ncn the rele+•ant• laa iage of a~ - its Lse of ta• the G:ae:zJ .1a•c-:bli• enacted G.S. 1G:- ~ statute is plain and unam:oi;uous, ihcre i_ _ church buiidi 295; +vhic reacs: no occasion. ior construction. Such bein; ~ ~ +. Rhami:atte i - the case .. statute must be ~:~•cn CileGt f: church :: o-r. "The •fol]o+•.•ing teal propert}•; and np according to its plain and'ob+•ious meat.- .., . tuitouslr.. I: . othe-, s:^.al] be exemtired from taxation: ~n~. SZ C..T.S. S'atutcs ~ 323b(2) at iii anc r"` z::~ propert+• `. ~ ~S3:" ~ , x . ~. the eapcnses _" •.• ~1 B_ildi:a:s, with .the land u on ( P which they' a situated, la+~•iulh•-o++•ned r • [2] The words used in G.S: ~ X10:-?90 "; (3) as it is nor written arc clear and y leased proper prop:rl}• the I: ' , purposes, and 'ne:a b+• cr.:. ches o: religious bodies,., unambi opus and require no constructio^^.. '; leased prop:: wnoil+- and e~ciusi+•ely used .ior : e~igious " So fa: as rele+•ant here,'these words mean ~ ha~•e had to 20: the residence of -the ~+•o:s•tip o: that"realty o+ened and held by churches or ^• rses.eonns Pe " :nini~t o.. a-i+• such chu; ch or : cligious religious • bodies,- ++•ho11y'.and, exclusi+•ely '"` !~ ' property. T body or occupied grat•~itousiy. b.• • one used for reIi~ious"+voi•shi or occupied` ~: a- P ~ z lion would ' other ;ran fre owner ~+•hich ii it ~~ ere: _ 'tuitously by one other than the owner which, _ ~ ., construction • the o+.•ner, ++•o:ad oualify for the e~emp- , ii it +vere the owner kill ualif for the. ~ q Y •x that ii the c• lion once: this section:,-together +eith • - . ' exemption under this sectio:.- ', propert.• ++•h: the .adcitiorz] 'adjacent land reasonably. IC I ` SIC necessar+• fo .ne com•eaient use o' anj• . The reln•ant stipulated facts are 1hC$e: '~ r. e o' :~ such b;:ilding." • ' (1) The property which is the subject exempt from _ ' 16:5.=_.2C- APPELLANT'S' ~-~ :s~ •t l ::Wended G.S. ~: the. middle,, :ously by one .: it :were the :c exemption :ern Eaptist .~'z'sc County, is' relet•art Court stated. :ores exempt- :a~:anon be- :which such :c a;:d should . ~e:c is :nom - :cWpron .and ,cases).. . i -construction, :.. . .ne s;atute -arrowIy coa- ~ :< :hat cvcn•- ... i;s opc: a- comc uahia uscc,' Stacy, -s: ~ ~, ~ ~:C. ~. i ~J. -:gua;c of a :pus; ;here is Su¢h being •:e^~ cfiect - ,~ .:•icus mean- a; :; i and -• , _. ~ 10:=396 c clear and :ons•-::ction. :words mean cnurchcs'or c~clusiwely ccLpicd gra- ::'^.c: which, ii:• ior~ehe =are These: w sae SL'bjeCL 1 0~ Cite as 1G0 S.E.=d 63 matter of this litigation has been leased to` r•e so hold, ;hat to hold ti:is proper:}~s con- the Trustees of the First Missionary Church'` • troversw exempt Trots :aea:ior. pu:;_ant to of Raleigh, North Carolina; (2) that the G.S. ~ 10: ?O6(3) co :e: ciear•1~• u•itsia the said church is a duly or;anizcd church and scope and purpose of the language ;aed in religious body, 'and- that the propc:ty• is • ~ that s;atutt, and it c'.e=: i.• comes :: i::W the used :wholly and exclusi~•ely for religious scone aad :;:W~:age, of ;ae eonsti:_tioral worship; and (3) that defendant receives prowisior. of .~:.icle :-, section :, tea: prop- said church for the use of no :eat from e-ty held for religious psis^oses 's all be , said property "alth'ough thef said church is exempt i:ori taxatioW. E:aintiiis' .assign- required to maintain and pay the expenses ments of e: r or are o~•c:: pied. connected with its use of thr property. • The parties stiptaated tr`tat the lease de- is The jud~eat be?o:w scribed in the pleadings is incorporated in , ~ the stiaulated facts by reference: In this ~ fiir~ted.' - lease the propert.• is described as iollo:ws, i ir. part:' "Than the said Lessor, in cos.- Fite~I\S, T., toot co part in :ie con- sideration of the terms, a;recments and siecratior. ~or dccisior of :his. case. co:•enants hcreinaiter set forth to be iui- , hereby demise filled by the Lcssec, does . and lease to the said Lessee for a period to beam as oi_ the .date of this lease a d - ~ T a~ •:-_:_ :~:.- to terminate as sr. forth below, that cc:- - tain.lot of land, toge:he: ::•ith the church • building and apptir;eaances located. ` " - [3, 4j. The :word "~:a;uitous" is defined in Blaci:'s La::• Dic:ionarv, nth ed., as ioilo::•s: "Without valuable. or legal con- sideration." It is our opinion, and we so hold, that the lac: that the church main- tains and pays the expenses connected :with its use of the leased property, which is a church bniiding and its appur`caanccs. on Rhamkatte Road, does not prevent the church from occ;inying this property gra- tuitously. ' It pays no rent for ,the leased property, and me:el;• .maintains and pays the. expeW<_es connected :with its use of the leased proper t~^•:vhich , it must do to use properly the leased propert,• , for• religious purposes. Ii the chu;ca had owned. t`tis leased property and had- used it, it would have had to maintain it and pay the cx- penses connected :with its use as church property. To adopt a contras}• construe- tion :would mean a narrow and stinting construction of the statute. It is clear that'll the church ::•e:e the o~~•ncr of this propem• which it uses u•holh• and exciu- sively for religious :worship, it :would be exempt from taxation. It seems to us, aWd 360 S.E.2E-S ^,.. ~.C. '~S Max S. M11ILLER v. Wincie Clarice MILLER. No. 278. SuPm~: Cot;r, of ~orh Caroli=a. ~Jarc1J .`9, 1965. Ac;ion pv passcW;e: against d:iwe: for . damages for personal :niu:ies ustaiWed in highu•a~• accident. The Superior tour;. \Iecl:ienb::rg County, iibe: ~ S. ~Pec:, Tr., T., grantees a ~oiion to strii;t defenses :elating to iaiiurc ei passenger :o use seat ben, aad appeal ~~s' ta1:eW. Tae Supreste, Court, Sharp, T., held, intr. aiia, ;hat since. c_e care is measured by the r_stotnar;• conquc: of the reasonabiw prvdcat tra-, scant use ~•cich the averag_~ motorist ma>;es of his scat belt, plus fac: :.`Sat these is :o s;anda:d for deciding n•aen it is ~e,L'~e.^.ce.not :o ase a^ available seat belt. .:d.cates tha: ~o du;}• should be imposed upoW motoris:_ :o use them spoil^el;• u•he-c:•e: ;hey :ravel upon " EXHIBIT ~ a =~ ' ~ ~. C. 316 SOUTH EASTERN REPORTER, 2d SERIES '330 - quent change by Mr: McGraw. The conclu- personal property owned by an incorporat- discovered e~~idence will sion that the newly ed research institute, and the corporation , probably result in an,affirmative answer in appealed.- The Court of-Appeals, Hi)1,,, J., . plaintiff s favor on a new trial of Issue No.. held that in .view of substantial control • 6 is full}' supported by the e~-idence. exercised.-over personal.property in ques- By his final assignment of error the de- tion by such. nonprofit corporation and by , '~ ' fendants contend that the court erred when contractor atfacilit}• in question, contractor it granted a neR• trial as a matter of law . was acting as- agent for the nonprofit con.- em ro • l h f _~~ and not in the exercise of discretion. 4G;e p } , e persona p t poration in its use o ' disagree and ho)d the judge acted properly. and such nonprofit. corporation controlled After stating his separate findings of fact .the ultimate purpose for. which the, proper- ; - and conclusions. of lau•, the judge decreed: t}• was used,. and the, personal propem• was . '~. For the foregoing reasons, the Court . therefore "wholly and exclusively used" b}• now. gents the Motion of the. Plaintiff such nonprofit corporation as its owner, fora new trial as to.Issue = 6.and orders- and qualified for exemption. that the case be set for 'a n,e~•. trial on Decision of Tax Commissioner re- ~:' " said Issue. versed; and case remanded ~'e. hold this ruling to be a discretionan• • . _ one... As noted' earlier: the motion before j the court a•as :made under• Rule 60(b)(2): L Taxation c>241.1(°_) ' This rule allows discretionan• .relief upon a Question of what is meant b}• "wholly _ '~ . "proper showing. On the face found and , and exclusivey used b}• its owner" for pur- .'•• • conclusions made w•e find no abuse of dis• poses of exemption from ad valorem taxes ~'; cetion in ordering a ne~• trial.. Sint: z°• on ersonal Dropem' w•ho11}• and exclusive' "' " Eastc-, 2SS ?;.C: 1S3; 217 S.E.2d o32 (1970. Carter r. Carr, . 65 But see and- compare lr used be o~~ner for nonprofit educational, u o bl r ."~ ~ ~ . 314 S.E.2d 251, 283 ?3 - Ao N C rp ses e ..p charita ~cienrific, .literar•}' o i l e ; ; . p. . . _ , quest on a K;2s, .for purposes of .app (295-. )' .~.fiL-med. ~ihetlier tiuroose for which the propem' was being used was :ultimate]}• controlled - ', by the corporation seeking exemption, 26 'HILL and BECTON, JJ., concur. _ i;.S.C.A. § 503fc)(3): G.S.. §§ 1-0r27S.i, ,~ ,' w p S[t~M7~EtR STSIt r 105--27$.7(b)(1): 1(~) a2~1 i ~~ f 1 * . on 2. Taxat , ~ ' In view' of substantial control exercised ~? . _ " over personal propem' in question b}• non• d i :~ ~~ •.. ~ ~ on an profit, corporation. seeking exempt ' . . " . by contactor at fatality in .question, con- ' ~; '~ • ~ tractor a•as .acting as agent for' the. non- al' he e e : - rson p of t profit corporation,: in its us propem•, and such nonprofit corporation •;- controlled the ultimate purpose for which ~`~ • . l- f f Th A the propem• was used, and the personal " o ppea e In the 1lfatter o - wholly and exclu- propem• u'as therefore '~"CF. :-1EChLE~BliRG COL s9ve1}- used" by such nonprofit corporation " '~o. $310PTC9i3. •` - • seeking exemption, as its•o~•ner; and quali- tion from ad valorem taxes. em r d f f ~` Court of.Appeals-of North .Carolina. . p ex o ie . G.S. § 10x-278.7. .. ' June 19, 1984.. ~ ; . ... ~ .. R - P i l 'The State Property Tas Commission ower e ectr c This is an appeal by .E " ~ . :eared exemption from ad valorem taxes on search Institute, Inc.,:.fronr a denial by the ' _~ - - = North Carolina . for exemption .'personal grope: Previously, the of Equalization County Tax St the application` Institute for ex Board of Cour. the decision to Tax Commissio as the State Review, 'heard reversed Dieck ' • Equalization ar Griez, Parke: _• Gage g Presu and Gan• C. Iv Ruff, Bond, Hamlin L. QFa , . HILL,• Judge Electric 1'0~' (hereinafter."t ,. ration' incorpor District~of Colt al states, incl- members` cons cooperatives. .research reiare has been "gun:. Section 503(c)( Code and prig: `_ had been gr North Carotin. use taa: EPP." • ed exemption` x side of North • t In adaressin peal, .the \o: Commission heard the ma: ' following pert: EPRI is enI projects in ?vie areal estate : ,~, . search Park North Carotin: ., owner of pees ` - ~05 , ~//,. _.,~~ j EXHIBI 1 ~ 1 v }• an incorporat- the corporation .ppeals, Hill, J., ~stantial control `operty din„ques- oration and by stion, contractor e nonprofit cor- :-sonal property, anon controlled icn the proper- .al property was :sivel}• used" by : as its ,ow-ner, z~missioner ~ re- cant by'"wholh• o~yner" for pur- e ~•alorem taxes and exclusive- •ofit educational,., stablepurposes opal, question . :h the property ately controlled exemption. .26 §§ 103-278.7, ontrol exercised ;::estion by non- exemption and question, con- :a for the non- of the personal fir corporation -pose for which :d the personal iolh• and exclu- •ofit'corporation ••~ ner, and quali- ~•alorem taxes. ::: is Power Pe- a denial by the • 106 APPEAL OF 'bIECKLENBU~2G COli;`ITY N.:C: 331 Cltc u 316 s.E.2d 3 30 (K.C.App. 1984) North Carolina Property Tax' .Commission valorem tax value of S767,607.00, which for exemption from ad valorem taxes on was located in the ,real estate facility. personal propem _, in Mecklenburg County., . On 1 February 1980 EPRI entered into a Previously, the Mecklenburg' Counts Boards master agreement with J,A. Jones Applied of Equalization and Review reversed the' Research Company (hereinafter "Jones"); a County Tax Supervisor's decision denying for-profit company, to ,perform two major the application of Electric Power Research research .projects. The personal property Institute for exemption. The lecklenburg in question is .being used in connection Kith, Board of County Commissioners appealed the performance of the -two projects by the decision to the North Carolina Property Jones: One project is being supervised by. Tax Commission. That Commission, sitting Gary Dau, an employee of EPP.I, who, re-. as the State Board of Equalization and sides in California. Mr. Dau was. at the Review, heard the matter de novo, and Charlotte plant twenty=one days.beginning reversed hecklenburg County's Board 'of 1 January 1982 through October, 1982; and Equalization and Review. ~ it was anticipated' that he would be at the plant' an additional ten. days through De- Grier, Parker, Poe, Thompson, Bernstein, cember. 1982. The other project w•as su- Gage d. Preston by ii'. Samuel ii"oodard penised by Joe Danko, an employee of and Gar}• C. Ivey, Charlotte, for appellant. EPP.I, and he also lives in California. `1:.: Ruff, .Bond, Cobb, ii'ade & ~Ic\air by Danko was at the 'Charlotte plant.rwenty, Hamlin L. Wade, Charlotte; for appellee. days ~ from 1 `Tanuary 1982 through Otto- ber, 1982; and it was anticipated that he would be at the plant an additional six days. HILL,:Judge. ;, through December, 1982:' The numbe- of _ Electric Power Research Institute, Inc., (hereinafter "EPRI") is a nonprofit corno- -1 ration incorporated under the laws of the,_ District of Columbia. It opera;es,ir. se~'er• :~~ al states, including forth Carolina. Its members consist of eIec:ric utilities .and '~ cooperatives. EPRI engages in scientific research related to the power industry. -It has been granted tax exempt status under Section 303(c)(3) of the Internal P.evenue Code and prior to the bringing of this suit had been granted exemption from' the North Carolina income 'tax and sales and use tax. EPRI had heretofore been grant- ed exemption from ad valorem taxers out- side of North Carolina. In addressing l~fecklenburg County's ap• peal, the North., Carolina , Prooem• ,Tax Commission (hereinafter "Commission") heard the•,matter de novo, and made the following pertinent findings of fact: , • EPRI- is engaged in two major research projecu in Mecklenburg Count}'. ~ It leases a real estate facility in the Lniversity Re- search Park area near the university of North Carolina at Charlotte: EPRI is' the owner of personal property having an ad days spent by each EPP.I employee is red resentative of the number of days any suc• cessor might be at the plant. Both EPRI emplo~•ees were present to supe:•~ise the respective projects in accordance Kith the master agreement. :~11 other employees at the Charlotte location are employees of Jones, the number of such persons being about fifty. EPP.I has approximately 700 employees, including administrators- and scientists, who plan and manage research prima.*ily carried out through other organizations. Most of these employees reside in Califor- nia. The resulu of EPRI's research are published and made available to utility companies and to the public. Jones does not lease the personal proper- ty owned by EPRI. Nor does EPRI re- ceive any rent or other income f;om Jones. EPRI pays to Jones its cosu and a fee for its services under the master agreement. Based upon its findings of fact and its rules of statutory construction, the Proper- ty Tax Commission concluded that G.S. 103-2ri:.7(b)(1) does not allow the exemp- tion of personal property owned by EPRI . , APPELLANT'S .~ 332 ~. C. 316 SOUTH EASTERN REPORTER~~ ~~©Y'T ~ ~ 3 t but, used on a'-day to day basis by Jones. statute 'plainl~• sets out that the subject •~ empt from ad ~' For the purpose of its decision the Commis- propem• to be eligible for exemption must question.. 'But thE sioii ,assumed, but did not specifically be "wholly and exclusively used by. its oazi- : ;~ ,~ basis" was used ,b; reach, the conclusions of law that EPRI is er for nonprofit purposes" through its em- : der the direction ' a 'scientific association; that its personal ployees only. r poses of this apF ' propem• is used for nonprofit, scientific In construing a statute several basicten- con before us in purposes; and that Jones is acting as agent ets stand out. first,, it is elementan• that ~ ~ "lutes "wholly ani or contractor "for EPRL Such conclusion statutes are to be interpreted by gi~-ing owner'` is wheth~ effeccv"ely reversed the decision of the words ,their "natural and ordinary mean- the..property is - Meclaenburg County Board of Equalization `ing." .Borders r: ~C1ine, 212 N.C. 472, 193? ~ controlled by EPI and Review, thereb}• denying an exemption - S.E. 826 (1937). 'Also, it is abundant]}• A corporation (: its person- to EPRI for ad ~~alorem taxes on ~ .clear in North Carolina that exemption =>- association) is. an al propertc. statutes are construed stiictly in favor of istence is mirrore~ The appeal presently, pending is goy- ~ .taxation and. against" exemption, although . ~ a creature of the erbed'principal]}• bt• the terms of G:$. l0a- or such statutes are not to be scncngly ~: can do nothing. 275.7 which provide in pertinent part as ~ narrow•]y constnied. "Sale r. Johnson,. nel can it perform follo~i•s: ~ Com»zissioner. of P.evenue, 2~5 N.C. 749; ~'. aboard of direct '`(b)' Personal °.propem• shall' be' ex- ~ 129 S.E.2d 46~ (1963); Seminary,. lice. `r. ~ molds policy for t id = empted from..taxation if whollj• owned bj• Li'ake County. 2~1 N.C. 77~, 112 S.E:2d ent, pres ~ cers an agency- 'listed in subseccon (c), below, . d28, (1960). Any ambiguity is resolved in treasurer=are re: and if: favor :of taxaton. In re h'apoor, 303 ?~`.C. ~' policies through d • (1) R'holl~• °and exc)usi~ely used by 102; 277 S.E.2d. 403 (1951). .The statute superintendents.. its owner for nonprofit educational, sci• under which EPRI, claims exemption; "G.S. ~~ merit personriel d' encfic, literarn•, or charitable purposes; 10a-275.1, establishes athree-prong test : ' ployees. who. are d d _ .' (11 the propem• must by o~•ned by a scien- ~ ay pe. the ay to ' , `(c) •The folio~•ing agencies,' x•hen the ,, tific association or institution; (2) the prop- , i^ sting machinen• :_ ' ~ co oration itself ~ other reouiretnents' of this section are ert}- must be wholi}• and exclusive]}• used ~, though ma ever meti ma}• obt2in propem• tax exemption for• scientific purposes; 2nd (3) the grope.- ' - . employees never und,er- this section: • .. ~ o~•ner. t~• must be so used by its ed. " ~ [1] Our'Supreme Court in In re Forest- = The .definition (4) ~ scientific association or insctu• ry Foundation, 296 N:C: 330, 250 S.E.2d ~- The record, throt - 'con. _ , 236 (1979), addressed the issue of ad ,valo- . Darius, the treas. • ~ ~ ~ • rem tax exemption tinder the same statuto- . method of oper. the meaning of this section: (:) .~t'ithin` n• framework. 9lthough the Court denied "use" of the pro , the tax exemption under facts •non-riser- testimony in per. ; ' '~' ' ' ' ' live of an agency. relationship, the decision. EPRI selects t: (2j A scientific purpose is one that focused, on the purpose, of .the .property's ~ . ucts to be evalu: ~-ields " knowledge systemaccalk In use and who had control oi~er.that use. ~. does it do the through research, experimentation, or. view of this decision, Lhe'ivles of statutory studies are done.: other, work done in one~or more of the ~~ construction, and the statutory test for ea- `_: ~ • ~ development is ~d natural sciences. ' ~Ithough several assignments of error emption, we address the interpretation of the statute.• In giving the words of the ' .. ~ ~ . scientists and enl lif "in C w v tz - area brought forth,. a bete .e the con o1 statute their natural :and ordinan• meaning, - ~_ a on } .' office operations ~ and ling question is K•hat constitutes "exclusive they must be applied ,to the. facts of the search is carved - use by' the owner."" The appellant EPRI case to Which. the. -statute is directed. ~ and in foreign ti . contends tharcorporate entices are .capable There: is no question as to' ownership or, ;' • the experiments :. of acting only through agents, that is, pro-. purpose. EPP.I is a scientific association., and to utilities at motzrs, ofiicers;'directors, employers,. rode- and its personal propert~• here is used for ;,~` Four projecu pendent contractors,,.trustees,' bailees, or nonprofit, 'scientific purposes. ;Had the ~ ~~ ,-- Carolina, the pr' other authoriied or implied agents. `, On the . propem}• been used by" an employee of The real e tte l • .other hand' the "appellee argues that the EPRI, ~ the propert}~. would have •been ex- ` .. o ly owned by EPF~ :. ~ ~ 107. ~ - ,, :t the subject cemption must ,ed b}• its oa•n- ~rou~h its em- eral basic ten- ~mentary that :ed by giving -dinar}• mean- \.C: 472, .193 s abundantly at exemption, iy in favor. of :ion, although ~ _ stintingly or ,. t~... Johnson, . :nary, Inc. t'. 5, 112 S.E.2d . is resolved,in. ~oor,,303 V.C. The statute :empron; G:S.: ~~ ee-prong test:'' :ed by a scien= elusively" used '3) the proper- ' ` ncr ~ '. . . In re Forest- •:e of ad ~•alo- same statvto- , : Court denied ' c~,~ non-riser- :~. the decision :he propert}•'s - that. use. In of statutory ~• tesf for ex• • ::~retation' of :~•ords,of t}ie .an• meaning, facts' of the . • is' directed. o:~-aership or `ic association ce is used for .s. Had 'the employee of :aye been'ex- r ~• ~: ,• c:. •!:." ~. t .~'., S. - ~. •, ; ~- .:~~:_ 4 i i c ~~ x ..--- • APPELLANT'S ' ~ EXHIBIT ~~ . ~ APPEAL OF ~1ECF~LENBL"RG COL"1\TT ~. C. 333 . . Clte u ] 16 S.~d 330 (K.C.App. 1980 empt' from ad valorem .taxation' R-ithout the control of EPRI it was sold to a third question. But the propem on a day to day. party and leased back to EPRI. The per- . basis was used by •Jones, a contractor un- sonal propem• was selected for the project, . der the direction of EPRI; ..For the .pur- purchased by EPRI and placed in the facili- poses of this appeal, therefore, the . ques- ty at Charlotte. EPP.I planned, defined lion before us in addressing what consti- and managed the work done in the facilih. lutes. "wholly and exclusively used by its It selected Jones for on site operations. . owner' is whether the purpose to which Jones was selected to keep ,the" money is, ultimately the property is being, used Wised and spent and also to keep activities , controlled by EPRI. - ' separate. It 'served EPRI exclusively. A (including an incorporated A corporation master agreement betR•een EPRI and ' ' . association) is an intangible being. Its.ex. Jones was entered into under the terms of istence is mirrored in its corporate charter, which Jones could be discharged if the non- destructive problems had been solved by a creature of the law. ,.Standing alone it " 19E2•or if Jones was not doing a good job. ; its person- can do nothing. Onh• through • ` A lean staff of EPRI people was on site Generally, nel can it perform any function: from time to. time so as not to duplicate a board oP directors or board of trustees corporation. 'The •offi= ` molds policy for the _ facilities and technical competency, but it ' . cers-president, vice-president, secretary, that one or more permanent ~~~ expected • on site EPRI employees would be present treasurer-are responsible for carrying out : as the facility e.~tpanded. EPRI pays a fee policies through departmental managers or ~ Jones for its work and its actual costs. superintendents.. These middle- manage- -. ment personnel direct supen-isors and em- EPRI controls the work at the Charlotte ployees who are actualh• responsible for iacilit}•. and in so doing, controls employees the day to day performances, such as ooer- of 3ones in several wa}•s.. ~ first, Jones re- - •: ~~ .: sting machinery ,and the like: yet it is the Ports to EPP.I. EPRI uses controlled cor- corporadoh itself that uses the equipment, respondence. Reports of technical nature even though many of its personnel and. are exchanged. r field audits are per.ormed from came to Mme to make sure Er RI is ' employees never see the machinen_' operas- getting dollar slue. ed. _ The definitions of "use" are limitless. _ Second. Jones performs tasks under The record, through the .testimony. of Mr. EPRI's direction and control. Ta•o repre- sentatires from California visit the Ghar- Darius, the treasurer of EPRI, reveals. the ]otte site trice a month. One of them is method of operation of EPRI,., i.e;, the "use" of the propem by its owner. His ~ called the project manager. Both direct testimony in pertinent part is .as~, follows: People. at Jones to do certain things and i i i i i i on n act v n connect t es cam out certa - EPRI selects' the type of research prod- with performance under the master agree- ucts to be evaluated. In very few cases 'ment, including not onh the formulation of does ' it do the re`seaich. 1Vfathematical the general plan but aiso detailed tasks. studies are doneLin- its oftice but hardware These tasks are monitored by telephone development is done'in'the field. EPRI's : calls; correspondence, and visits to the fa- scientists and engineers reside• in the home cility. • office in California, but the company has :Third'.. Jones maintains. custody and~care . operations ` and offices elsewhere. Re-, over EPRI's propem and acts as the in- . search is carried out all across the country stTUmentality for EPRI to use the proper- ' and in foreign territories. The results of . tv. The equipment on site and the subject the experiments are prodded to the, public of this controversy was acquired by EPRI and to utilities at token prices. under the terms of the master agreement Four. projects ar'e carried on in North for the performance of this project, and - Carolina, the' principzl one being in Char- • ,.was shipped to .the- Charlotte facility by lotte. The real estate facility was original• • EPRI for educational Purposes. EPRI ' ly owned by EPRI; but for reasons beyond apes not )ease the propem or rent it to 108 -" - APPELLANT'S ~-~ ' • 334 ~ • ~• 316 .SOt"TH EASTER\ REPORTER.~~~I~I T~ r~ t ~ - " Jones.:. It receives no`.benefit or income. pensation. The Court of Appeals, Hill, J., :y parked her sutor. from Jones for its use. • EPP.I controls the. held that claimant's injuries arising .when' ~.~ mall parking lot c ;. use of the. propem- ,and' determines what she tripped o}•er median in area of mall ,% _ employees b}• th~ • use to ~•hich it can be put. Jones does'not parking lot designated by mall owners for .; ~ walked ,toward use the propem• for any purpose other claimant's employer's employees ~•as not ~'° ,tripped over a r than that set out in the' master agreement. " sustained as result of accident on employ- ? Before arriving ' " data generated b}• the facility belong to Al] premises nor while claimant was per- er's ? plaintiff -had pur • • "EPRI. Insurance is carried .and the premi- „ - forming duties for employer; ~+: fast-food. restaur~ ums are paid by EPRI. It is tine opinion of b'!r. Darius-that .EPRI is. bound by actions :affirmed. ~ Mall Shopping Ce: h i d h taken b}' Jones while it is using the equip- - ` c e san w eat t fore clocking in f. merit at the Charlotte, iacilit~•. • # ~ 12:db p.m. [2) In sew of the substantial control ~t'orkers'• Compensation x730 .. Defendant le2s• exercised ov, EPRI o~•er the property and «'orkers' compensation claimant's inju- ~{ the. malt from CaI Jones at the Mecklenburg facilit}-, we hold Ties • which resulted when -she tripped over owner. Accordir• • that Jones was acting as agent for EPRI in .its use of the personal propem•, .and that .Parking lot median in area of mall .parking l 's ' l i d ~ ~ ]ease, store emplc the common aces ~ EPP.I controlled the ultimate purpose for oyer s emp mant a for c lot designate ds l Th ~•hich-the propem• was used. ~~'e there- employees b.• mall owners were not sus- ~ an e ar,eas. fore conclude that the- personal propem= tarried as result of accident. on employer's y the common area ` was "wholi}- 'arid ezclusivel~• used" by premises or while claimant was performing adopt rules znd r EPP.I as its owner and oualifies for exemp• duties for her employer; and thus, claimant use of the parkin; lion from ad valorem taxes under G.S. 10~- did not sustain injury by accident a-rising employees. Purs ' 2rE•r- ' ~ out of and in course of emplo}~nent and did landlord formulat The'decision of the forth Carolina Prop- not qualify for compensation. G.S. §'.9i_ ter parking plzn for the employee • ert}• Tax. Commission is re~•ersed. The case. ~~g) - • is reminded. to the Commission. for entn•_ of Plaintiff had be judgment in accordance hereRith. her employer u•h - P.eversed and remanded. - parking fo: Belk - George P.. );omega}•, Jr., P.A. b}• George . map indicating t} , • BECTON. and: BP,AS~~=ELL. JJ:, concur. P.. 'K'ornega}•, J:., and Janice S. Head; ployees were to t 'Mount Olive, for plaintiff-appellant. time clock. She • o Sc:~~uye=.~s•si:~ Hedrick, 'Eatmzn, Gardner, .Feerick •S-. -monished for pa: re~sously • ~ Kincheloe by Scott 91. `Stevenson, Chai- ellees dant -ap d fe f l . p These parking . . s p n e otte, or marked, nor cones " I:a.- E. GLASSCO, Emplo~•ee, ~ ~ HILL, Judge.. - ~ to the generzl F "designated fo: p ~'. The question presented by this .appeal is ees. Defendant's • BELL-TILER CO'-iPA.'~~' OF COLDS-. BORO. >\ORTH CAROLI'\.~, whether plaintiffs injury by accident arose. ,~ out'of and in the .course of her employ- ~ a , that anc custome designated for Be o = employees soul I\C., Emplo}•er. m- , merit, thereby enabling her to reco~•er c " ;r' the mall parking • and • pensation under the ~;'orkers' Compensa- ~ ~ ees of other stor Home Insurance: Compan}•. Carrier. lion' Act. The Commission ruled that the ing to do ~iith the injur}• by accident did not so".arise. W;e • ,•~ `•~ ter plan for parks •'~o. S310IC103S. < affirm for the reasons that follow. ~ by the mall owns Court of Appeals of ?north Carolina. plaintiff,. a salesperson .for defendant at bility for the mar . ~ June 14, 1954. - its'Berkeley Mall Shopping-.Center store im designated parkii ,- - Goldsboro, North Carolinz, zrrived in the' ~ sty.. belonged to t: . Injured employee appealed .denial by .mall ..parking lot at approximateh•' 12:20 ,~ •~ In` denying co , the Indusuial Commission of ~i•orkers' com-. . p.m: to" begin. work. at 1:00 p.m. :She'.. - I Y ~. - sion; adopting t} .. APPELLANT'S r- 838 '`. C•. 263 SOUTH EASTER?' REPORTER, 2d SERiES ~ I T I , and, that the car belongs to the petitioner; do not lead in any conceivable u•ay to the conclusion that petitioner has failed to care' his burden to show lack of knowledge. The court has made no attempt to enter any findings ~ with respect to the petitioner's kno~rledge of the purpose for ~rhich his car u•as being used. But, factual determina- tions concerning what he knee-, or had rea- son t,o believe, or to what uses of his vehicle he actually or impliedlt• consented, must be made. before the fact-finder can answer the essential issue and before it can conclude that the .petitioner has failed to car.-y his burden. See State ~'. Ricnar•dson, supra. Perhaps the reason _ the court's findings prove so .deficient •resulu from the total .lack of evidence from which findings to support, such a conclusion could be made. All. the- e~•idence in this case dictates the contrary conclusion.' Tnis is the second and most significant infirmity of the conclusion entered by Judge Bruce. The uncontradict- ed ,testimony of the petitioner is that he entrusted his car to ASarino, u•ho, from the record before us, his not been linked in an}• respect to the transaction between Officer Steuart on the one aide,. and :~feye~ and DSosle}• on the other; that p?titioner u•as in jail in ~Cilmin~ on u•hcn \ieyers and ~fosiey used' his car to transport~qualudes, t'rat he did not know and had never met those tu•o., individuals; and that he had not authorized such a use of his car, nor did he kno«• until approximate)}• a week after the yehide u•as seized, that it had been used in yiolstion of the • narcotics laws: The 'only permissible conclusion to be drawn from his testimony, which we emphasize is the- onh• e~•idence on the. essential issue .of knowledge, is that the petitioner has carried his burden of proving that he did not know and had no reZSOn t.o believe that his car u•as being used by ~iey- ••ers and 91o~1e~' to transport controlled sub- stances. ,,lt follows that he eras entitled to the return of his- car. G.S. § 90-1L' 1(c) (19,19 Cum.Supp.).' The record discloses, howe••er, that, sub- seouent to the entn•=of the order of forfei- ture, the parties agreed to the sale of the car, and an Order of Sale w25 thus entered on 13~ Juk 1979: In that Order Judge • Bruce directed that the proceeds of the sale which remained after the deduction of cer- tain expenses, be held b~' the Clerk of Supe•' riot Court of Onslou• County pending the outcome of this appeal. We hold that the petitioner is nou• entitled to those proceeds. For the reasons stated, the judgment is reversed, and the cause is remanded to the Superior Court for the entry of an Order releasing the proceeds of the sale of ~ the' automobile to petitioner. Reversed and remanded. • VVEBB and FELLS, JJ., concur. M O $ RCI MUMBf C$TSi(Y - r 45 N.C.App. 632 In the Matter of the TAJt.4BLE STATUS OF PROPERTI' CONSISTING OF A 10.5 ACRE TRACT OF L.42~'D AI~TD ALL Ih1PR0~'EA1E?~'TS A_~v'D ALL PERSONAL PROPERTI' LOCATED THEREON AT 1700 REST EHRIN- GHAUS STREET, ELIZ.~BETH CITI-, North Carolina. ON'n•ed be Carolina Con• ference Association of Se~•enth•Da~• Ad• ventists, Inc. and Afade A~•ailable to R'. R. Winslow- :Memorial Home, lnc. No. 791SCSSb. • Court of Appeals of \orth Carolinz. Aiarch 18, 1980. The Superior. Court; Pasquotank Coun- ty, Ralph ,A. «'alker, J., upheld a determi- nation of the Property Tax Commission ex- empting certain property from ad valorem taxes. On appeal, the Court of Appeals, Erwin, J., held that fact that nursing home made paymenu to church in an amount. equivalent to interest on loan incurred by church for expansion. purposes and depreci- ation on property did not prevent home from occupying property' gratuitously so as to be exempt from ad valorem taxes, in that property w•as being-'used for charitable purposes by a charitable institution. Affirmed. 110 • k~ Taxation x21. Fact that meets to church interest on loa~ pension purpos erty did not pie property gratui: from • ad yalor~ u•as being used 'charitable insti This action be ers of Pasquotat Winslow Memo Lion from ad • appealed to :he sitting as the ! Review. The I dered that the property by Past and that respo •~ be allowed. Td Pasquotank Cou Superior Court f ' Propert}• Tax 'conclusions u•ei-. and affirmed th• from ad t•aior ed. R white, Hal'.. by H. T. Mulier Elizabeth Cityl~ Pasquotank Cr,,; ?Mount, ~~•hite Carden, b}• E. Carolina Confe Adventisu, Inc. • ~ rial Home, lnc. ,. ' Johnson, Gai~ H. Johnson, R~ ' Health Care Fay ERV+'I?:, Jud~ Pasquotank C • that: "The Supe~ the August 4. North Caroli 'which final ~~ ~,,:., ' elusions, and of lau• on the fl - ~ APPELLANT'S - EX f-f-I B f i -~ ~~ . .:1fATTER OF TAXABLE STATUS OF PROPERTY, ETC. N. C: H39 Clte as, N.CJ~pp.. 261 S.>:2d 838 :action of cer- rk of Supe- ending the .hold that the se proceeds. udgment is sanded to ahe fan-Order sale of the ur E STATUS TING OF A ti~ AND 'v-D ALL • LOCATED ' T. EHRIti- TH CITY-; rolina Con- . enth-Dac Ad- Table to R'. .Inc. arolina.' ~ tank Coun- a determi- ~mmission ex- ad valorem f Appeals, nursing home an amount. ncurred by and depreci- prevent home ously so as taxes, in~ for charitable • ion. Taxation -241.1(4) , Fact that nursing home made, pay- ments to church in an amount equivalent to interest on loan incurred by church for ex- pansion purposes and depreciation on prop-, erty, did not prevent home from occupying property .,gratuitously. so as to be exempt from ad valorem taxes, in that. property was being used for charitable purposes by a charitable institution. G.S.' § 105-278.- 7(a)(2)~ (c?(1); (fX4)• . This action began when the Commission- ers of Pasquotank County denied the W: R. Winslo~• l4emorial Home,. Inc. an exemp- tion from ad valorem taxes.. The home appealed to the Property Tax Commission; sitting as the Board of Equalization and Review. The Property Tax Commission or- dered that the assessment of the subject property by Pasquotank County be set aside and that respondenu' claim for- exemption be allowed. The Board of Commissioners of Pasquotan}i Count}• petitioned for review in Superior Court. 'The court found that the Property Tax Commission's ,findings and conclusions were supported b}• the evidence and affirmed the order allowing exemption from ad valorem taxes. ~ Petitioner appeal- ed. , White, Hall, .l-fullen, Brumley 8•. Small, by H. T. 'vlullen, Jr: and G. Elvin Small. III, Elizabeth 'City, for the Bd. of Com'rs of Pasquotank County,. petitioner appellant. liount, White, King, Hutson, Walker 8. Carden, by E. J. Walker, Jr., Durham, for .Carolina Conference' Assn of Seventh-Day Adventists, Inc., and ~V~: R. Winslow. Memo- rial Home; Inc., respondent appellees. Johnson, Gamble ~ Shearon, by Samuel H. Johnson, Raleigh, .for North Carolina Health Care Facilities Assn, amicus curiae. EP.WIN,, Judge. Pasquotank County contends. on appeal- that: "The Superior Court erred in affirming the August -3, 1973 final. decision of the North Carolina Property Tax Commission which final decision made findings, con-, elusions, and decisions affected by error of law on the part of the:Commission and unsupported by substantial competent ev- idence in view of. the entire record as submitted and ~rhich final 'decision ad- judged that the assessment by Pasquo- tank County of ce-rain property owned by respondent be set aside and that the property be exempt from ad valorem tax- ation pursuant to G.S. 105-?78.7(ax2)." (Typed from material in all caps) We find no error and affirm the judgment entered:. The 'evidence pmsented before the Prop- erty Tax Comriiission, sitting as the Board , of Equalization and P.e~iew, tended to show the .following.. ,The. W. R. a:inslow Memorial Home, Inc.• is a nursing home operated mainh• for the aged and infirm located in Elizabeth City. The home. is affiliated with the Seventh- Day Adventist Church and is funded partly " through the W. R. R'inslow Foundation. The land- on which the home is located was donated - to the Seventh-Day Adventist' Church by W. R. Winsloµ•, who had a spe- cial interest in the care of the aged. The home is run' as a nonprofit corporation sepa- rate from the church, although the philoso- ph}• of the Seventh-Day Adventist Church is obeyed in the administration of the home. The major application of-that philosophy is in concern for the spiritual, emotional, and • mental well-being of the patients in addi- tion Eo concern for their physical well-being. There are no religious or other restrictions on entry, except that maternity, tubercular, alcoholic, mental, or drug addicted patients are forbidden. y All patients .must be able to pay .the home's fee when thev are admitted, but that rule is violated in. practice. The home does pay certain sums labeled "rent" to the Carolina Conference of the Seventh-Day Adventist Church, but that is merely a label ' of convenience. The sums. consist of the` interest on a mortgage, which the church entered into to p,ro~ide funds for the expan- sion of the home, and a sum for deprecia- Lion. The church accumulates the deorecia- tion for future capital improvemenu. The home's auditor testified tha~tl~s~ were expenses which the home wou av tf it APPELLANT'S EX~iIBIT ~ ~ 8 ~Q ?~. C. .263 SOUTH EASTERN REPORTER, 2d SERIES owned the propert}• and that the church did not earn a profit from .the rent. The ad- ministrator of the home felt that it was no longer possii?le to define `a charitable insti- tution as one which prodded services free of charge, because the government no~• pro~-ides funds for the indigent. He felt that the home ~t•as a charitable institution, because it'provided more services than are co~•ered b}~ government reimbursements. '~Sedicaid paid all or a portion of the home's fee for most of its patients, but ?~Sedicaid placed a ceiling on reimburse- menu: 'The home was. not allowed to charge the patients or their families the difference bet~~een the 'Medicaid pa}•ment and the home's fee. '+Sedicaid- paid the. home 5?S.¢~ per,da}• for skilled .care; ,the home's expenses for skilled care were 531.46 per da}•.. }fedicaid paid. S?3.30 per da}• -for intermediate • care; the home's expenses were 5~.~? The difference ~~as made up b}• donatiors. chiefly from ,the «'inslow' Foundation.. ~o patient had ever been forced to le2ce the home because he or she could not o2y the home's fee. • Some patienu had been admitted who did not oualifr•ior'~iedicaid and ~'ho could •not pa~• the fee: others were, admitted before their ?~Sedicaid eligibilit}• or other fee ar- nngemens were determined. It was a pol- ic}' of the. home to tn• to determine the method- o: pa}-ment before admission. There had bEen a surplus in recent years, after donations, which the home had used to air conditio;t the original building. The home had no stockholders and paid no divi- dends. Iu assets would be distributed to the church if the corporation were dis- solved. The home was exempt from state and ,fede: al income taxes as a charitable institution.. ' Exhibits included financial statements for the• home from 1914 through 197?, the constitution and ~ bylatrs of the Carolina Conference of the Seventh-Da}• Adventist Church, the Articles of Incorporation and Bylaws of the R'. P: Winslow Memoria] Home, Inc., and a letter from the home's' administrator to the Department of Social Services concerning determination of Med- iczjd~ta~us prior to admission. The `Countt• contends that the decision holding the real propert}• in question is ex- empted from ad ti•alorem taxation by G.S. 105-278.7(ax2) is wholl}• unsupported by ei- ther the findings of fact made b}• the Com- mission on the entire record as submitted, and in order for property to be exempted from ad ti•alorem taxation under G.S.` 105- 278.7(a)(2), it is necessar}• that the property be "wholly and exclusive]}•'used by the oc- cupant,for'nonprofit educational, scientific, literar}•, or charitable purposes" and that if it is occupied b}• one other than the owner, it must be "occupied gratuitously." In: considering this case, we agree with the statement written by Chief Justice Par- ker in Wake Count}' t'. Ingle, 273 I:.C. 343, 3~ 6, 160 S. E.2d 6?, 64 (1963): "R'hat is said in Southeastern Baptist .Theological Seminary, Inc. r. K'ake Coun- •,ty, 251 :~'.C. 775, 1L S.E.2d 5?8, is re1e- want here• 'In this connection, this: Court stated in Harrison y. Guilford ,'Count}•, .218 N.C. 718, 12 S.E.2d 269, that statutes exempting specific property .from taaa- lion because o the. purposes. for which such propertc is held and used, are and should be construed strictly, K•hen there is room for construction, against exemption and in favor of taxation (cit- . ing cases). - . "'B}• the rule of strict construction, however, is not meant that the statute •shall be stintingly or even narrowl}• construed. but it means that ever}•thing shall be excluded from its operation which does-not clear]}• come within the scope of the language, used." Stac}•, C. J., in State y. Whitehurst, 212 ?~.C. 300, 193 S.E. 657."' Our determination ~•ill be made in view of the above.. Carolina Conference Association of Sev- enth-Da}• Ad~•entists, Inc. is a nonprofit cor- poration ~dth authority toehold title to and . operate schools, churches, and medical facil- ities'and "to carry on. an}• line •of~religious, educational, •benevolent and philanthropic work." •The occupant and" operator of the nursing home is Vi'. R. ~i%inslow Memorial Home, Inc. North Caroli: operate, and . aged person the propert}• extended care expansion w! loan obtaine home makes r ciation ~•hic and deprecia fated the dep. In K'ake G 34 7, 160 S.E Court When lion held: "[TJhat th twins and with its ust is a church es on Rhar the church gratuitously leased prod and ,oats tt~~ use of 'the ~ _ do to use pry religious p owned this' it, it "Quid pay the''ex as church p constructioi stinting cons clear that if{~`. this proper^I exclusivel}• i be exempt fr and we so h in cohtro~~er suint to G.: within the guage used comes withi. the constitut section '~, th purposes sh.~,~ Plaintiffs' as ' ruled." As in 'Ingle,` amount `equiva--~ loan incurred. b' ciation of Sevs .~- APPELLANT'S - EXHIBIT ~ ~ ~ - AfATTER OF TA_~C.~BLE ST ATUS OF. PROPERTY, ETC. N. C. ~j . ' Clte ss. N.C.App» 263 S.F_2d 838 , he decision Home, Inc., a nonprofit corporation of expansion. purposes and the depreciation on stion is ex- North Carolina, with authority to "own, the property .does not present respondent ation by G.S. ~ operate,. and maintain a home or homes for from- occupying the property gratuitously, rted by ei- r aged persons or senior citizens." _In 1974, , and we so hold. }• the Com- ~• ~ the property was improved to' a 121 bed G.S: i05-278.7(a) provides: submitted,: extended care nursing home. The funds for ' ~~§ 105-278.7. Real and personal prop- be exempted - ex ansion ,were made available throw h a P g erty used for educational, scientific, liter- i G.S. 105= ~: loan obtained from the association. The ary, or charitable purposes.-{a) Build- he roperty P ~ home .makes monthly paymenu to the asso- in the Land the actually occu ~• and ~' y p ' ~d by the oc- _ ciation which includes interest on the loan • 'additional adjacent land nectssan•`for the 1, scientific, ~ and depreciation. The association accumti- lated the depreciation for future expansion convenient use of any such building shall and.that if be 'exempted from taxation if wholly the `owner, In. Wake County v: Ingle, 273 ?~.C. 343, owned by an agency 1uted in subsection -asly." 347, 160 S.E.2d 62, 65 (196?), our Supreme (c), below, and if: -agree with' ,~ Court when faced with an analogous sifua- .• Justice Par- , ,,,.3 ~ C ,343 tion .held: "[T]hat the fact that the church main- ' (2) Occupied- gratuitously by an , "' twins and pa}•s the expenses connected agency_aisted in subjection (c), below,, j•+ with iu use of the leased property, which other than the.ow•ner, and wholh• and ern Baptist .r; ~, is a church .building and iu appurtenanc- exclusively- used by the occu ant for ` P :•. Lake Coun- ~ s`" es on Rhamkatte Road, does not prevent nonprofit educational, scientific, liter- rele- d 5?S, is -%~ :. the church from occupying this property ary, or charitable purposes." ' , gratuitously. IC pars no rent for the G.S. 105-?78.7(c)(1) prodder. ;, „oust stated .~ leased pro erty, and merel}• maintains P The following agencies, when the "(c) County, 218 •ti, and•pays the expenses connected with iu - • other requiremenu of this section are ~ at statutes use of the leased property which it must met, may obtain prooert}• tax exemption :from•taxa- ' do to use properly the leased property for under this section: '-`•' • uses for whic'n religious purposes. Ii the church had (1) ~ charitable association or insti- •ed, are and owned this leased property, and had used cation tl}•, .when ~ ~ ~ it, it would have had to maintain it and Thus, the determining questions are xheth- on, against. pay the expenses connected with iu use . er respondent is a charitable .institution and taxation (sit- ~ •• as church property.. To .adopt a contrary whether it used the grope.^.}• in question for f ~,~ construction would .mean a narrow and • charitable purposes. nstruction, x. stinting construction of the statute. It is ~' ;at the statute ,a,• clear that if the church were the owner of When presented with a .similar situation narrowly this property which it uses wholly and, In Central Board on Care of.Jeu•isn Aged, means;that ~ exclusively for religious worship, it would Inc. v. Henson, 120 Ga Apo. 627, 630, 171. d from its '~• be exempt from taxation. It seems to us, S.E.2d 747, 750 (1969), the Georgia Court of t clearly .come :~ and w•e so hold, that to hold this property APpeals .held: :r age- used." 'i• in controversy exempt from taxation pur-- "Neither. would the fact that the ,resi- ~ehurst, 2L ~~ suant to G.S. 10a-296(3) comes clearly denu paid rent according to their ability ;: :within the scope and purpose of the lan- destroy the charitable nature of the insti- a ' in view of - gtiage used in that statute, and it clearly tution. Brewer v.' American .tifissionarv • comes within the scope and language of Association, 124 Ga. 4°0, 52 S.E. RO•l; :a ion of Sev_ the constitutional provision of ?,rticle V, Ti~illiamson v: Housing 4uthority of .•hu-: •,;. section ~, that property held for religious gusta, 186 Ga. 673, 199 S.E. 43; Elder v. . nonprofit cor- purposes shall be exempt from taxation: Henrietta Egleston Hospital, ?OS Ga: 459,• aitle to and Plaintiffs' assignmenu of error are over- 492, 53 S.E.2d 751. In the present case it dical facil- ~ ruled." - - -was shown that in 1967, which was stated :e of religious, llanthropic As in Ingle, respondent's payment of an _ ~; to be typical of the monthly amounu paid o amount equivalent to the interest on the by the residents, more than 5090 of the p or of the Loan incurred. by Carolina Conference Asso- residents paid less than maximum and of stow .lfemorial ciation of Seventh-Day Adveatisu, Inc. for the 61 residents 11 paid nothing.. The * . _ .113 • - i APPELLANT'S - EXHIBIT Z~ ~`? A. C. 263 SOUTH EASTERN REPORTER, 2d SERIES . W, record further reveals that the paj•ments made by the residents ha~•e been. insuffi= cient to cover the cost of the direct oper- ating expenses of the home and:the defi- cif was made up by contributions. The purpose of the home is to care for the, aged and provide for their physical and mental welfare. As is stated in Bozeman ,Deaconess. Foundation v. ;Ford, 1~1 Mont. 143,; 1;3, 439 P.2d 915;; 917: 'The concept of charity is.not,confined to the relief of the needy and destitute, for "aged ,people require care and attention apart ,from financial assistance, and. the supph• of this care and attention-,.is as much a charitable and benevolent pur- pose .as the relief of their financial wants." ' " ~ n•e find the opinion in Central Board on Care o: Jex•ish Aged, Inc. r. Henson, supra, persuasive, and µ•e hold that the property in question u•as properly exempted from ad ralorem taxes, in that i; was being. used for a charitable purpose by a charitable institu- tion within the meaning of G.S: 10~-278.- 7(f}(4), G.S. 105-27~.7(ax2), and G.S: 105- 2i8.7(c)(1). ~•hen the record before us is reviewed as a whole, the evidence clearly justifies the Commission's decision. The iudgment en- tered .below is - Affirmed. P.OBEP-T M. MAP.TIA and WELLS; JJ:, concur. ~ , w ' O ~F(rhjvEdBS:Sibv - T ' S5 N.C.App. 666 ' Helen R. BROADDL'S ~. Clarke R. BRO.~.DDL'S. ..\'o. 793DC301. Court of ~ Appeals' of \orth Carolina. ?March 18, 1980. , Action was brought by mother for cus- tody of two minor chilaren born to the parties during their marriage to each other. The District Court, Pitt County, Robert D. Wheeler, J., granted temporan• custody of children to county department of social sen•ices and ordered department to-place children in mother's home pending hearing on the merits, and denied father's motion to ' dismiss; and father appealed. The Court of~ ' Appeals, Hedrick. J., held that: (1) father's appeal from denial of his motion to dismiss was subject to dismissal since not from. a final determination, and (2) trial court had . subject matter jurisdiction to enter tempo- ran• order placing custody of children with, department of social sen•ices. , Affirmed. 1. Appeal and Error oi8(5) Denial of. motion to dismiss is not a final,determinztion but is. an interlocutory ruling and thus, ordinarily, no appeal• lies , therefrom: G.S. § 1-277. , 2. Parent and Child x2(20) Where trial court neither had nor pre- tended to have personal jurisdiction over%~ father, and obvioush• children were not his property, denial of father's motion to dis- miss mother's action for custody of two minor children did not constitute determi- nation that affected substantial rights nor did it constitute ad~~erse ruling as to juis- diction over person or property of father, and thus appeal from such order u•as pre= mature and subject to ;dismissal. G.S. 3. Parent and Child a2(S) Trial court, which found that children. were present in North Carolina when moth- - er's action for their custody u•as commenced and temporary custody; order was entered, and which had personal. jurisdiction =over mother, had authority to enter temporary order placing custody of the children with county department of social services and ordering it to place them with mother, ;cend-.. ing hearing of cause on the merits. G.S: 0 4. Parent and Ct Fact that ~ to trial court's placing custody o partment of soc,~•! to place them W on the merits of-r of children, did n null and void. This is an ac two minor child ing their' marriaF complaint verifie filed 1.Decembe she and her hu rated" on 3 Aoril dren, Margaret(.: and £d~~ard Cl remained with he} Pitt County, ?;o their father on picked up the ~•isit on 12-Octob not see ,them a a . although she ta' { on three ,occasion Plaintiff attz~- ter which she i .. 14 October 197 • that }ie u~as 'fakir ' . long &. extende not let her "tak~ wzs tn•ing to'do' for them. In.. • - plaintiff learned ee of duPont, hla~ :. ford, Delaware: ' ' that on' 29 <No Delaware, 'pick ' brought them ba Upon the fili Chief District Whedbee entered- ' ber 1978, granti children to the Social Services' , ment to place th their mother pe its. 114 ®~ • APPELL,gNT'S - ' E - EXHIBIT ~_Z 1 6? _ \. C..' 160 SOIITH EASTERN REPOPTEP, ?d SEPIES "T're ~criter continues: 'Esto el i ~ PP Lon. acce tines th cn 'it p p e b et sunder _h,. moss irequcnaj• applied in cases in~•ol~• 4 statute, defendants are precluded from..at- ing ,consti:utio.-,al la~i n•here persons, in tacking the. statute; the j:::isdiction of the ~ some ma :per,-pa::ake of advantages un ~ court to .enter the order .pu;tina plaintiff ~ ~ - de: statutes. The rule is H=ell settled that in possession of the propert!; or the fail- on_ ~:•ho ti•oiun;a:il.• proceeds under aE are of the plzin:iii to stic:h• compl!• ~~•ith sta:ut- and claims beneiis thereb:• con l the p:o~•isiors of the statute n•hich defend- . ie:-ed will no:'be heard to question its ants attack. coy i:uticrattt~ . in order to a~•oid its ' burdens. . Cer:ain]!• such a person ~~•i11 Defendants ma!• proceed in the cause to . no• be allon•ed.{o retain his ad~•antage ' determine jus:_ compensation under. G. S: - o.-.. keep .his consideration and then • re- { Chapter 136, ~r-ticle 9. •. . puaiatt -the ac: as. uncorsttie:ional: This ,. This causes remanded to the su 'erio: P principle"applies also to questioning the ! coat: of Du:ham Counts for a =determine- ~ rules o: actions of sate commissions.' lion of just compensation wndcr pro~•isions ° '~"\ioreoccr; its Cameron r. ?McDonald, ' of G. S. Chapter • 136,'.grtide 9. supra,. this. Cou ;said: 'It is the general ~ ~ Remanded. ' - rule, subject to terrain esccptions, that ~ . -- a defendant rna:• n•aise a constitutional - • astrel] zs 2 s:a:utor!• p:o~•ision,;made for - HLSIiI\S, J:, took no part in the con- rtis benefit s and this me~• lie. sideration o: decision o: this czse. • oone b}• express consen*.,.'p}• failure to i - asses: i; in app time, o b~ conduct in- conrsun: ~: nn z purpo~c to insis . upon i:,' ctnng Sate ~•. Y.araactd; lSS \.L. ~ - o ; ^c.. n. s~r..n f . - _." l ~~ c ~ 6~0•. ' .. he cons:ii cto :alit!' o C S: ~ 1 i :r119 - ~ (oi 1425 a;iaCAC., b}• ~ p -.:ion ~:•ho ~:•as ^;3 \.C. 3,3 .. < ,: sceJ;ing scnoia._n.p ocne rs pro\•iced b.• ~~/AKE COUNTY and City of Raleigh,. said s-.atuie is the cast of Rattac}• ~•.'\orth a municipal corporation `' C~-o:ire \'ete:ars Comrrmissior.; 2ti1 \.C. ` ~=.''.~ ~.~?d `6:9. The superior court - ~, ' o Hied eJtef to:the petatione:, and in ai- - Ben H. INGLE,Sr. ' t..;ri:; the action- of :hc supc:io:' court, No.-524: - this Co::- stated : "' , _ _ she ma!• not ~ guPrctne Ccurt of ~ortb Carolina_ , oyes:ion the consiitutionaiit!• of the .~1ct upon ~:•'rich she:,bascs her claim." ~farclt 30, 1?CS. , G \ichols on Eminent Domain, Third,. Lti;ion, ~ 3&.3_'-1(3), P. 6S?, s:ales.: ''I: is undoubtedi}• the law thaf an ownet• of ]and taken 'n}• rir:ue o: ems- . .^.ta: comain proceecti:gs ~eho hzs ac- cep:ed and been paid t're an•ard of dam- ages cannot siter~rares contest the valid- . ii!• of the ,akin;, u:ne: di.-cctl!• o: col- late: all!-; . or seek to r eco~•er or retain possession, of his land,-'no master. how fundamental the deice: in the .proceed- ;ing zna.• bc." Ctvi1 actton o collect ~ and foreclose certain `tae • assessments upon real estate. .Alter hcarin,_ upon a u•aircr of jury' trial upon stipulated iacts,',the Superior Cour<; \~'ake' Count;', i. \1~i11iara Copeland, Spe= cial Judge, adiudged the rezi!• :o be exempt,' and the .count.' and sit!- zppealed. The J Supreme Cou-:, Pzr3.er, C. J., held that the fact that z church matt.:aired and paid expenses connered ~~ tth :a use ,of leased; propcrt~ ,did not prc.ent the church fro occup! tat "gratuitously" ~:•i:pin the tetras 1. ~ . of an caemption s: . ' ~ uit°p rt!.. tt•as caemi usly b!. one oti ti it t~•erc ox•ner; x•ot .lion:. • ,Affirmed, f• Statutes Gjf~ ' plalnljrncn relet•ant lat. Casio and unarnbi~uo.. • » for - be git.en constrvctior. . 'obvious effect accordir uSeaning; G ~_ f Cons,. arC 3, ~ 3 2• Taxatlon.~204(ZI Statute providing ~n - should be eaemPted fro prOpen!' trnoll!• and m held tous worship ii IairfL occupb d churches or religio o«'ncr tt.~ gratuitotisli• b~. o ff! fo- exr n, t t 't t`'e: e'ottm, • and una mPtion under ~stai tior.. ,G Sotguous and'requir„ ~~ • Taxation x244 Pens Shan churcr, mairtaincd ,a connected with its- u~, .property did .not cuP)'ing " ,rata' prerert chore e»tPtion .stztutetously" ~t'ithi» it . teas cxempt~d ii tvhcreb}' cer:ai: - , .one other occupied 'grata: than „ r : ou•ncr, would °"•ne- hich S• Ta .' 9uaiify for e.~ernp; zation ~24q . u'het•e rcalt~• ' church .which n•as leased to irr and relig'ous boa as duly organized t and eaclu • • -and used p; ems . ing no_rent el!' for religious tit•orshi expense but, -maintaining and property was peeled with use of" ` § 102-?96~3J e''er»Pt from taaatl nn Thu is ~a . . ~~ =lose . civil action to collect certain tax asses and . ` state. heard upon a smenfr . x•aivcr upo» - of -fury t _ .~11 ~5 EXHIBIT Zz- WAGE COUNTY v. INGLE \. C. sj Ctte as 160 S.E..d C_ 'its under the ._dcd •irom at- :ciction of the rain, ~laintiii ;•, o: the iaii- ;• comp]}• faith r:..ich defend- , ~ . E•. .-,';'r.e cause to ' under .G. S. o :hc superior , . -a determine- 'tact pro:•isions ~. •• ' 0 .. -: ia-ahe con- .ii case. . of Raleigh, ation ~ , 3r. . ra:olina. aad ;ioreclos~".~ on,, sear- estate. ` =: of jur}• trial iupc:ior Court, l.op-land, Spe- :~aealed. The J., held that •- .ai-ed and paid • ••~e o,i 'lcasc3 .e eau: ch is om 11 .. ,. of an exemption statute +vhereby certain property +ras .exempted ii occupied "gra- tuitously" b}• one other than o++•ner which, ii it u•e:e o+sner, would qualii}• for e~cemp- tion. - :~iiirmed. • ~ . 1. Statutes a 190 ~4-hen•relevant language ,oi statute is plain and unambiguous, there is no oc- casior. for construction and statute must be given eiiecl according to its plain and ob+•ious :Weaning. G.S. ~ 10:-396 and (.i) ; Cons:. art. ~, ~ ~. 2. Taxation x204(2) - Statute providing in effect :that tlicre should be exempted irom taxation certain property +rnoll}• and exclusi+•eI}• used for religious ++•o:ship ii lau•iully o+vned• and Held b+• chu: ches or : eiigious bodies or iii occupied g::.tuitousl}• b+• ore oche: that o++•ncr which, ii it were o++•nr., n•ould qual- ify for cxe:nption.undc: statute, +eas ciea: and unambiguotts aad : equired no coast: t:c- tion. G.S. ~ 10: ?96(.i). ~. Taxation 0244 Tn~t church'"inaintaincd and paid ex- penses cor.nected,.++•i:h its use of leased property did not prevent ehu:ch from oc- cup}•ing ";ratuitousl}•" within terms of ex- emptior. statute ~++•hcreb}• ce:tair. property u•as exempted if occupied "g;atuitousiy" by ore other than o++•ae: +vhich, ii it were Dome-, would qualify for exent'ption: S. Taxation «244 ~l'here realty ++•as leased to trustees of church ++•hich '+vas duly organized church and religious bode and used~pre:nises~+vholl}~ ' and exclusi+•e1}• for religious +vorship, pay- . ing no real but maintaining a'nd pa}•ing ,. expenses connected with use of property, • proper ty +yas exempt f: om taxation. G:S. § 10:-396(3). . _• . M. , ..... -r--e.: . , This is a civil action to col]ect and fore- .:-; close' 'certain tax assessmencs upon real estate heard upon a waiver of jury trial upon stipulated fac`~ agreed to a::d signed by couaseI on either sdc after the com- plaint and answer cad been filed. The relevant stipulated facs are is es- sence as iollo+es : f 11 That : ~~'ake County is a body politic aid corporate of the Stare of \orth Carolina .aad the cit:• of Raleigh is a municipal corporation of ~~'ake Cou:a}•, \orth Carolina, and each cor~o:atior. has po++•er and author i:~• to assess, le+•y, and collect taxes agains- : eal and personal pro.- c-v located withir. :heir resoec:i+•e: boend- arics; ,(?) that defe^dant Ind:e,is the o++•ne: oi' a certain lot'oi :ealt.• located in Raleigh To++•nship, \1-ake Coua:~•, ++•ithin the taxin; authori:+• of each piair::iff, which rea;t+• is described oa-iculaa+• i?+• T ^_s and bounds ; (.i) that :r:'s reali}••++•as leased b}• dcicrda^t ~to the T:ustets o: the first \Iissiora:~• Churc~ of Raiei~c, \or:h Ca:- otina, b~• a u•ritte ; lease a•hica is i-co,r- po:ated in the :cca-c: (-il lira: t:ie f=irs: \Iissior`.a:+• Church of Ralcie^, \o-:h Car- olina, is a dul.• or;--anizcd c:.u:c and :cii- gious bod+•, aad ...a, the aiio+•e described prc:nises are used s•holl• anc exdusi+•ei+• io: religious ++•orsai?; .(f) :I:at dtit^daat receives no rent :tom :he said first ~Iis- sionary Church io: the use of the p:oor..y although the said church.. is :o raain:ain and 'par -.the exposes connected ++•itst its use of the proper-•; (6) :hat the said lease is in lull force and effect: (~) that piaintiiis bare lis:ems the lease :caky for taxation and assessed the realr: for taxa- tion against defendant, and defendant has. consistently asserted that the said reait}• is exempt irom taxation by vir-.::e of G.S. ~ 10:-396(3); and (S) defendant has not paid any taxes upon the property in con- tro+•ersy. . Upon the stipulated izcts Tudge Cope- la:id adiudgeo and decreed that the ;ealt}• dcsc;ibed in the eoatplaipt is e_~empt irom taxation, thaf the p'.aintiiis reco+•e: nothing ' of • the defendant a; ad calore.--t taxes for theperiod co+~erec in this action, that no ' lien attach to said vrope:t}• jy +•i.:ue oi. the taxes ~leyied, and that rite costs of this. action be taxed a; :ast the pia::.tiiis. ~' . ~. ~. 160 SOUTH £.4STERN F:om.tns iu6`•:r:ent plaintiiis~zppeal to ~ '~ the Suprc~te Cou^: Tohn .~.~Robe:tson, Ra]eigh, for .plain- ._ off appellants " \-aughan S. \Cinbo:ne, Raleigh, for de- iendant apbellee. ' tic - i T i `P ~RI:ER C . e. , n us , c Piaintiia haee t~eo z signmeras of error reading-zs ioho~es: " "Tnc Alai ::ills extent to tlir failure of . the Corr: to find as a :act app as a con- t cl•_s~o of ian• that the defendant is not ; exemp from :zxation be eirtue of the p~o~aio:a of G.~. T0:-?90(3), ":~. "The piai ~fis e_eceut :o the iudQmcnt - ` allo~ei-; the eeiendant to be exemp: isotn " taxz:ion b)• ~•i-ue of the provisions of _ C.c. ]C:-_'90(3)." t i Tne \o::n Ca:oiina .Cors:itutior., Arficle \-, sectio ~ :. 4celares in respect to prop- er:.• eve.-t:,: zro^t taxation that "the Gene: al ~ssembie n:ae eec:npt cemeteries and prop-. e.-~• held io: educational, scientific, lite:ar~•, wltu:ai, c'r.a:;:abic o: :eiigious purposes .'' Pc: s::an: to ti:al. co^s'.1:1aOna1 apthority, the Gene-. al Asse:ngle e. acted G.=. ~ 1G.-. ?95, ~ehic reads "The. iollov.:ir., real. property,. and nn ' oche ; stall be exempted f:oin taxation: .. .. "(31 B•~ildi~s-5; with the land upon .+•hich they 2: a si:uzted, la~efuli~~ opened and ne ~ by creches or religious bodies, ~eholn and.c.clusi~•ely used io: :ciigiota Leo:shin or io: the residence of the miaiste: o a^e such church o: :eiigious bod}• or occupied g:a i:o;ah• oj• one. other t:~aa the opener ~ehich ii is were. the ot.-,e-.,. ~eo•_Id oualif.•" for the, exemp- lion u~de:. the section,' toge:hei with the adci:ioral adiacent lznd reasonable nectS:a.'y 30: ;he cOn\•enient L'St of an}'•, such b_ilding." _ ~~ APPELLANT'S ORTER, 2d SERIES The 1961 General Assembly amended G.S: ~ lOS-296(3) by inserting neat the middle the e•ords."or occupied gratuitousl~~ br one . other than the owner which ii it u•erc the owner; ~eould qualif}• for the exemption under this section." \\~hat is said in Southeastern Eaptis: Theological Seminarj, Itic ~•. \fi'ai:e Coumy, 2:1 ?~.C., 7i., 112 S E.?d °;3S, is releear.: here: • "In ;this connection this Court state:: in Harrison t•• Guilford Count}•, 21S \.C. 715, 12 S.E?d 269, that s:aruus exemp:- in; speeii'ic property from taxation be- cause of the purposes-for ~ehich such propea.• is held and used, ate and should be construed s:rictl~; ~~•hen there is roo- for construction, agairs: exemption and in iasoz of taxation (citing cases). "'E.• the rule of strict tonstructior., hoteeee:, is not• meant that the statute shall be stintin;ly or even narro~+•h• con- . ~s:rued but it means that cvcry- thing shill be e::ciuded from .its opera- . Lion ~ehich does riot clearly come a;tnin the -scope of the iar.;ttagc uscd,',S:ac.•, C. T., in State c. \\~ni:ehu-s:, 2i? \.C. 300, 193 S. ^..6~i , 113 :;.i.R. i 10." [1] \l~'}cn th'e re1e~•ant lar., :ale of a . statute, is' plain and unambi`uous, .there is n0 Occ2510n "for .cOnstrUC:10n. Such .OC1ng the case. a statute must be given effect according to its, plain'and ob~'ious mean.-• ing. S2 C.T.S. Statutes ~ 323b(?) at iii and JSJ'. . . [2]. The•a•ords used in.G.S. § 10a-39o (3);, as' it is now ieritten, are, cleat .and unambiguous and require ro constructio:. So-far as~relerant here, these words mean " that realty owned and held be churches or religious -bodies, ~eholly_ and': cxclusieel}• " used for i•eiigious worship or occupied gra- tuitously o}• one other than the opener which, if it ~~°ere the owner, Neill qualify for the exemption under this section. The relevani stipulated ia¢ts are These: (1) The property ,which is the subject :natter of this . tlic Taatees c of Raleigh, -said church is religious- bod: ~scd '~eholly •~rorship; ant no rent iro~rs. said proper:r required to rr connected ~~'= .The panics scrib:d in the the stiptaatee lose the.. prc• ir. par:; "T' side: anon o: . toeenana he filled by the • and lease to to begin as to terminate ~ . Lain ]o:.oi l_ buii6ing and •. `:,. (3, 4] The E in Blaci: s..l ~ iollo~es: "\\' site: atior.." hold, that th tams ~ind pa• ~ ' its Ilse O: th - E church build ~~ } ~ Fhamkatte church .floe f. tuitousle. I: ~ - property, nit ' the expenses. leased grope properly the purposes. I: .leased prop have had to . perses conn~ propert.•. " T lion would construction that ii the t . property n-h .~ si~•ely for r exempt iron:' •.16C s.c.2C 1 17: - ~ ~ APPELLANT'S ~ L~ EXI~.hBIT~ 24 • • ~ Cfte as 180 S..E..d 8S .. amended G.S. matter of this litigation has been leased to R•e so hold, ;gat to hold this property Wcon- °a: the middle, the Trustees of the Firsf \Iissiona~:• Church' troyersy eeeslnt is om ta_earon pu: scant to _itously by'onc of Raleigh, North Carolina ; (3) L'lat the G.S: 5 10:-_'96(3) comes cita:l}- ~y~sia the if it ~~•ere .he % said church is a duly organized church and scope and ?u: pose of :hc language ;aed in ~~le , exe:r?tion religious body, and that'' the prone; ty is :hat s;atn:e, ar:d it c'.e_: i~• comes ~:•it :a the used wholly and exclusively for religious scone a..^.c laag::ag: of tae cons:i:_tional n•orship; and (3) that deieadant receives pro: isior. of .•~nicle t: ,section ~, ;i:a: ?rop- :s:ern Baptist • `• no rent from said church for the use of e:t}• he'al` for relig:ous p_r^oses s all be ~~'akc Col: ;t~•, ,_ ~, said property although the said church ,is exemp! i:or: taxatio::. Paint:ifs' assign- ~ ', is re.e:•ant . ; '~ required to maintain aid pay the expenses meats of a:: or are ose::iled.. ~~ conrectedR ~sith its use of the property. • Court s:atea ,t:. The parties stipulated tha! the lease' de- The j::dT:ent bebw is 1:-:.•, 31$ \.C, ~ scribed in the pleadings is incorporated in ~.,:;es exempt-, ;.. •the stipulated facts by rciereac:. In this ••~iiiryled. , taxation, bc- ;,~ lease :he prope:n• is described as follows, • :.:~•nich such ir. part: _ "That the said`Lesso:, in con- tock ro par; :n :e con- HLS'_•:i'~_, T., _:e grid should sideration of the terms, agreements and sceratior. e: dec.ser. o: ;ais case. • I` :'rere is room covenants he:einai:er set .forth, to• be iul- ' `::e:aption and filled. by the Lessee, does hereb}• demise ..cases). and lease to the said Lessee io: a pc: iod ~. to,be;in as of the date of this lease and o ~•~~•:-tl~:•:-v. corstruc!ioa, ,• to terminate as se; io::h bclo~s, :ha: cer- • 't ;ae s:a:ute fain lot o: -land, together ~yith th:. church :zrro:l•Iy'coa- _ building and aopur;enaaces~located. '" ' _as that ci•en•- ..; , [3, 4J ' The .word ;ratuitous is de:ined ~} ~• come within is Black's Lary Dictionar.•, -tth ed., as Atax S. MILLER t1 Jd usec,' Macy, ~' follows: "\Vithout valuable or legal con- r. - sideration." ~ ~It is our opinion, -and u•e so ~Wincic. Clarice.MILLER. '~' ~~' ~ that the fact that the church main- hold ~K. • , fairs and Days the expenses•connected ~yi:h No. 2i8. sa;.:a~e of a • " its use of the leased-.property, which>IS a. • Scptrma'Cout-, of \orh Carotins. ~ous, :here is Such b ing ,~ church building and its an Lrenanccs on ~ p • ~Iarcb .9. 1965. e Rhamkatte Road, does not present the, ,i:•ea effect •i • church from ecc::pying this property gra- b. ious :Wean- ~ __ '.-) at ~~7 and tuitously. ,'It pa.•s no. rent for the leased Ac;ior• ~y passca;e: against d:ise: for • '~ property, al:d merely maintains and pays damages for perso:al iniurtes sastai^td•in '~ the expenses connected with its use of the highway accident. The Superior %our;, . leased property- ~shich it must do to use \Ieckienbt:: g County, i=.ibc:. S. Pee:. Tr., ]., S. ~ L0.-396 ' proper]}• the leased property for religious grantea'a Motion to s:l•ike aeienses :elating •:. clear avid ~~ purposes. Ii the church had o:sned this to failure of passe::?e: LO liSe Seat bG!, and constn:c:ion. leased property and had used it, it :would appeal a-as takea.~ The Supreme Court, words :Wean hale had .to maintain ih and pay.,"the ex- Sharp, J., acid, into: aiia, that since c_e care ~• churches or penses connected ~ ~sith its use as • church is meati:red by the r~stotnary conduct of the exclusively - property. To adopt a contrary construe- . reasonably ?rvdent ma^, scant use n•cich the ',CC1DICd ~: z- lion ~sould mcarl a narrow and stinting aserag^ motorist makes of his seat belt, ~~~~..^.e: which' ' construction of the statute. It is clear plus"=ac- :hat fhe-.e is -o stanca:d -for - ali )• for ;hc ' that ii `the church were the o~sn:r of this o n•aea it a .egligence not ;~ ase as ceeidin ~ property which it uses ~eholly and exclu- , asailable Seat belt. indicates that ~o duty :s are ihcse • ~ 'siyely for religious ~sorship, it would be should Se imposed ;:?o : motorists :o use :e subject ~ ~ exempt from taxation. It seems to us, and them roc:i-el;• u•hc :cse: the;- iraytl upon :ac s._.~:-s ~: - ~ ~ ' . ~ APPELLANT'S - ' 33O ~ I`• C• 316 SOUTH EASTERN REPORTER~~~T ~ ~.Lj ; q*uent change b~~ Mr. •McGraw.` The concuu- 'personal property owned by an incorporat- North Carolin ..sign-that the ne~•ly discovered e~~dence will ed research .institute, and the. corporation for exemption probali]}• result in an affirmative answer in' appealed.: The Court of Appeals; Hill, J., " personal props ' plaintiff's favor on a; ne~• trial:of Issue No. substantial. control ,held that _in view _ of Previous]}•, th< ~, 6.is~fulh• supported by the e~-idence. exercised over personal_propert}' in ques- - of Equalizatio " B}..his final assignment of error the de- 'lion by such nonprofit corporation"and by '~ County Tax S the court erred when 'fendanu contend that contractor at facility in question, contractor - _ the applicatioL m ~~ . it granted a nets- trial as a' matter of law was acting as agent for the nonprofit tor- • Institute for e d f C B -and not in the exercise of .discretion. R%e , potation in its use of the personal propert} ou o oar " disagree and hold the judge acted properly. and such nonprofit corporation ~ controlled ti `" the decision to - • After stating his separate fingings' of fact. the ultimate purpose for which the proper- . - Tax Commissi~. and conclusions of lau•, the judge decreed: ~• was used, and the personal property. was ~. as the State -For the foregoing reasons, the Court. .-therefore "wholly and exclusively used" by Review, heart nova" grants the Motion of the Plaintiff -such nonprofit corporation. as its owner,. - reversed Dieci ~ ~ for a new trial as to Issue = 6 and orders and qual~ed for exemption. - .Equalization. a ' that the case be set for a' new trial on Decision of Tax Commissioner re- - •, ' ~ Gri r Parke e, said Issue: " versed, and case remanded. Gage ~ Press hold this. ruiing..to be a discretionar}• - R'e and Gan C, I one:..ds.noted earlier, 'the motion before ' the .court a•as made under Rule 60(b)(2): 1. Taxation «241.1(2) - Ruff, Bond, This rule a11oa•s discretionan relief upon a shoring. On the facts found .and proper ' Question of what is means by "wholly h• used br its o~~ner" for put- xclusie a d ~f Hamlin L. _~C - . . e e n ' conclusions made a•e find no abuse of dis- " oses of exemption from ad valorem taxes F 't ' Judg HILL ' Sink r. cretion.in ordering a near trial: " wholly and exclusive- on personal propem• ~ , ; ~ ' Easter, ?$a A.C. 1S3, 21 i ,S.E.2d d32 (1975). " l}• used br ox•ner fo,: nonprofit educational, ) • ' • •+ E)ect_-ie Poi • t . ~ But see and compare Carter r. Carr, 68. . o: charitable purposes literar}• scientific; ~' (hereiaa.ter K.'C.Apa: 23, -, 3h " S.E2d 251, 283 , . ~•as, for purposes- of appeals question ration incoroc - {19£x). ~ ~~ ' 4ffu•med. _ whether pn:pose fo: ~rhich the .propem• ltimateh• controlled d u• s• • b i .; •' District of Co , '~; sT states, ins . a u a ng use e as r ' ' by the corporation seeking exemption. 26 s con membe HILL and BECTON,•JJ., concur. -278.1, S.C.A. § 503(c)(3): G.S. §~ 105 U .; cooperatives. a. _ • w 0 s «~ ~~ws~R srsn~ ~ _ . 105-278:i(b)(1).' .• research relax has been grar ,. ' . - i 2. Taxation «241.1(4) Section 503(cj < In ~tie~• of substantial control exercised Code and pric .over .personal propem• in question by non- had been gr • ~ profit corporation seeking ..exemption and ._ North CaroIu .. ion, con- - ' by contractor at facilit}• in .quest '~: .. ~ use tax. EPI ' ~., ~ . ~ - • . tractor a•2s acting zs agent for the non- profit corporation, in its .use of the personal ;h •~ "' ~ ed exemption I side of North ' -, - ~ . propem•, and such. nonprofit corporation . '•~; •~,~ In addressi ' ' • controlled the ultimate' .purpose for which was' 'used; and the .personal ro ert the ~'. t eal, . the \c 3 ~ P. p y. .p Commission, In the iifatter of The Appeal of ~ - ' ~ propem• was therefore "wholly and exclu• _ heard the m< . TY. ' h1EC1iI,ENBURG COL 'Q : -• _ siveh• used" b}• such nonprofit corporation `~ ~" ollow~n er f g P "' ~ - No. S310PTC973'. , , ~ seeking exemption, as its owner, and quali- ~ . EPPI is er. Court of Appeals'of 1`'orth Carolina. fled for exemption from ad valorem. taxes.. ~ , ' ' •.. G.S. § 10a-2i8. r. ~ _ . .~ , s pro}ects m .vi - June. 19, 198y.. ~ areal estate ~' - - . "search Park ', ••TheState Propem• "Tax Commission This is an appeal by Electric -Power Re• _ ~~ _ North Carolir denied exemption from ad valorem~taxes'on search Institute,. inc., from'a -denial by the owner of pei s • ~ ~ A~~ELLANT'S ~• EXhiBIT~ z~ 'APPEAL OF AfECKLENBL"RG COli\"fY . .ti. C. .331 Clte u 116 S.E2d )JO (I~.C.App. 1984) ~y an incorporat- the corporation ,ppeals, Hill, J., ,stantial control -opera in ques- •?ocation and by stion, contractor .e nonpi•oiit cor- -sonal property, -2tion controlled hick` the proper- :al property' was .aively used" $y 'as iu owner, ,• , .. mmi~sioner re- ent by "wholly owner" for pur- d. ~•alorem taxes y and exclusive- ' •oiit~educational, -itable purposes ?peal, question ' :~ ~ the propem ately controlled exemption. • X26 . ~§ lob--Y.s.7, ,.: oritrol~ exercised ;uestion by non- exempcion and question, con- ~t for the non- of the personal ~f'lc corporation -pose for which :d the' personal folly and e~clu- •ofit,corporation .yner, and quali- valor"em ~ taxes. uric Power Re- a denial by the 120 i; ~; •~ . _y . ~;~ . ~. ~'. r. F .+,.. North Carolina Property Tax Commission for exemption from ad valorem taxes on persona] property in Mecklenburg County. Previously, the Mecklenburg County Board of Equalization and Review reversed the County Tax .Supervisor's decision denying the application of Electric Power Research Institute for exemption. ,The Mecklenburg Board -of County Commissioners appealed the decision to the North Carolina Property Tax Commission. That Commission, sitting as the State Board of Equalization and Review, heard the matter de nol;o, and reversed Mecklenburg County's Board of Equalization and~Review•. Grier, Parker, Poe, Thompson, Bernstein, Gage R. Preston by «'. Samuel Woodard and Gary C. Ivey, Charlotte, for appellant. Ruff, Bond, Cobb, ~i'ade g McNair by Hamlin L. Wade, Charlotte, .for appellee. ' ~ HILL, Judge. Electric Power Research Institute, Inc., (hereinafter.."EP~I") is a nonoroiit corpo- ration incoroorated under the laws of the District of Columbia..It operates in se~er- al states, including .tiorth Carolina. Iu members consist of electric utilities. and 2ooperatives. EPRI engages in scientific research related to the power industry. It has been granted tax exempt status under Section 503(c)(3) of fhe Internal Revenue Code and prior to' the bringing of this suit had been granted' exemption from .the North Carolina income tax and sales and use tax. EPRI had heretofore been grant- ed exemption from ad valorem taxes out- side of North' Carolina:' , In addressing .l'fecklentiurg County's ap- peal, the North Carolina Property Tax Commissiom• (hereinafter "Commission") heard the matter de novo, and made the following pertinent findings of fact -- EPRI is engaged in two major research projects in Mecklenburg County. It .leases a real estate facility. in the University Re- search Park area near the tniversity of North Carolina at Charlotte. EPRI is the owner of personal property .having an ad valorem tax value of S76?,607.00, which was located - in the real estate , facility. On 1 February 1980 EPRI entered into. a master agreement with: J.A. Jones .Applied Research Company (hereinafter "Jones"), a for-profit company, to perform• tw•o major research .projects.' The personal property in question is being used in connection with the performance of the two projecu by Jones.. One project is being supervised by Gary Dau, an employee of EPRI, •who re- sides in California. 91r. Dau was ,at the Charlotte plant •twenty-one days beginning 1 January 1982 through October, .1982; and it w•as anticipated that he would be at the plant an additional ten days through De- cember. 1982. The other project w•as su- pen-ised by Joe Danko, an.,employee , of EPRI, and he also lives in California. ,.31r. Danko was at the Charlotte plant twenty days from 1 January 1982 through Otto- ber, 1982; and it was anticipated that he would be at the plant an additional six dacs 'through December, 195?. The number of dacs spent by each EPP.I employee is rep- resentative of the niirlber of days ant suc- cessor :Night be at the plant. Both EPP.I employees were present to supervise the respectire projecu in accordance with the master agreement. ~ ll other employees at the Charlotte location are employees of Jones, the number of such persons being about fiftti-. EPP.I has approximately 700 employees, including administrators and scientisu, who plan and manage research primarily carried out through other organizations. Most of these employees reside in Califor- nia. The results of EPRI's research are published and made available to utility companies and to the public. Jones does not lease the personal proper- ty owned _ by EPRI. Nor does. EPRI re- ceive an}; rent or other income from Jones. EPRI pays to Jones its ,cosu and a fee for its services under the master agreement. Based upon its findings of fact and iu rules of statutory: construction, the Proper- ty Tax Commission concluded. that G.S. ,105--278.i(b)(1) does not ,allow the exemp- lion, of personal, propem owned. by EPRI ' ~~cEf~L" IVT'S ~ . 2d SERIES EPORTER S a• TERN R .332 N• C• 316. SOUTH EA , .~ but used on' a day Ito day "basis by Jones. ' statute plainh• seu out that the subject ti t f _ empt ,from ad ~•: : For the purpose of its decision the Commis- on mus or- exemp ;property to be eligible question. But the. sion assumed, but did not specifically be "wholly and exclusively used by iu oav- r.. • basis w~-used b} reach, the conclusions of"law that EPRI is er for nonprofit purposes" through iu. em- ;. der the direction a scientific association, ,that its personal ployees onl}•. poses of this app . propem• is used ;for .nonprofit, scientific ' In construing a statute several basic ten- .lion before us in. purposes, and that Jones is acting as agent eu stand out FSrst, it is elementary that ~ lutes "wholly tine or contractor, for EPRI. Such conclusion .statutes are to be interpreted by giving owner" is whethE effecdvelr reversed the decision of the words their "natural and ordinary mean- the property is t ~ Mecklenburg County Board of Equalization trig:" Borders r. Cline, 212 N.C. 472,-193 ~ i• controlled by EPF: ~ and Review, thereby deriving an exemption S.E. 826:.(1937).." Also, it• is abundantly ~' A corporation (i to EPP.I fo-ad valorem taxes on iu person- . clear in North Carolina that exemption association) is an a] property: statutes are construed s'.rictly in favor 'of ~~ istence is mirrore~ The appeal presently pending is goy- taxation and against, exemption, although ~ a creature of the erried principalh• by the terms. of G.S. 105- such statutes are not to be stintingly or ,~ can do nothing. " 278.7- which provide in pertinent part as, narrowly ' construed. Sale v. Johnson, ~ nel can it perform ' , ::follows: P.evenue, 258 2..C: 749, . Commissioner oj uect aboard of d ` ~''(b) Personal propem• shall "be ex- : 129 S.E.2d 46a (1963); Seminary,' Inc. v: t molds polic}* fort ~~ - em ted from taxation if v~•holly owned b}•• P wake County. 251 N.C. 775, 112 S.E.2d ' cers-president, an agency listed in_ subsection {c), belo~•, ~ in 52S ,(1960).. And ambiguih• is resolved C '" treasurer-are re: policies through d ~ and if: . favor of taxation. In re liapoor, 303 N. tendents i (1) ~tfiolh• and ~exc]usively used by 102, 27i S.E?c 403 (1981)., The statute _ .. n super merit personnel di . ' ~ its owner for nonprofit educational, sci- under which EPF.L clzims exemption, G.S. ployees who are entific,"litErar}•, or charitable purposes; 105-275.7, establishes athree-prong test: i ' b ~ ~ the day to day pet sc en- y a (1}the propem• must be owned : • - (c)•The follo~•ing agencies,- k•hen the , . tific association or institution; (2) the prop- ~ atin machinen g corporation iuelf - other reouirernenu of ~tnis section are em• must be ~'nol]}• and. exclusive]}• used even though may .~ met, ma}~. obtzin propem-_ tax exemption. - for scientific purposes; and (3) the oroper- employees never : . " -under tnis section: t}•. must. be so used by iu owner. ed. [1) Our Supreme Court in In re Forest-" Y The definitions; (4) A~scientific association or institu- ry Foundation. 296 A:C. 330, 250 S.E.2d = The recoid, throw .lion.. 236 (1979), tide.*essed the-issue of ad valo- ~ Darius, the treast rem. taa exemption under the same. stetuto- ~ -method of open ." ' (f) Within the meaning of-this section:, " n' framework. Although the Court denied r n "use" of, the pro; on-rise - . the tax exemption• under face testimon}• in per, ` • - ; lire of an .agency relationship, the decision : EPRI selecu t} (2) 4 scientific purpose .is one that focused on the" purpose of the, propem''s ucu to be e~•alu: yields . _ kno~•ledge systematical]}•. ;use and who had control,oyer that use. In does" it do the through research, experimentation,' or . ~.1eu• of this decision, the rules of statutory studies-are done i other work. done ~in one .or .more of the construction,. and the statutory test, for ex- development is d; natural sciences." ~lthough several assignments of error ;emption, -u•e "address the interpretation of the statute. In giving the words of the ~. ~~ scientists and end office in Califorr _ are brought forth, we. believe the control- statute their natural and ordinar}• meaning, .= . operations and .ling question is ~•hat constitutes "exclusive.. the~• must be applied to ,the face of the '~ search is carried use b.• the owner." "The appellantEPRI 'case to which the statute is directed. and in foreign LE . contends that corporate entities are capable " , There is no -question as W ownership or the experimenL~ of acting onl}• through agenu, that is, pro- - purpose. EPPI is a scientific association ~ and to -utilities at motets, officers, directors; .employers, inde- and iu personal property here is used fora ' Four... projecu :pendent contractors; trustees, bailees;- or the. nonprofit, `scientific purposes: Had r y . Carolina,. the pri: . other. authorized or implied agenu. On ahe property been used by an erimploree of ~ , lone. Th'e real e: _ other hand the appellee argues 'that the ~ the property would have, been ex- EPRI, . ly owned by EPR ,1 . , ~ , .121. . .. .. . ~ _ f t 1 f' ._ L t..~~t 1\ .at the subject exemption must ;sed bd its ow~n- through its em- :venal basic ten- :lementary that •eted by .giving ~~rdinary mean- °_ N.C. 472, 193 is abundantly :hat exemption _th•, in favor of ption, although e stintingly or e r::: Johnson, 2~8. \,.C. i-l9, •rinary, Inc. v. ~. 112 S.E:2d is resoh•ed in :poor, .303 N.C. The statute xemotion, G.S. -nee-prong test: tied" by a scien- n: (2) the prop~ ~ciusi~•ely used (3) the proper- ;~~e:. ~~\t`ti~J~ ~ _~ Z~ -• APPEaL OF i`1ECKLE?\BU`RG COL'IvT~• ~. C. 333 Clte as } 16 s.E.2d 330 (T~.CApp. 19&3) empt from ad valorem taxation -without -the control of EPRI it was sold to a third question. But the propem on a dap to day party and leased back .to EPRI. The per- basis was used by Jones, a ¢on[ractor un- sonal propem was selected for the project, der the direction of EPRI. ,For-the pun- purchased by EPRI and placed in the facili- poses of this appeal, therefore, the ques- ty at Charlotte. EPRI planned, defined lion before us : in addressing what consti- and managed the. work done in the facility. lutes, "wholly -and exclusively used bj• its It selected Jones for on site operations. oa-ner". is whether the purpose to which Jones was selected to keep the money the property is being used is ultimately raised and spent and also co keep activities controlled by EPRI. `separate. It ser~.ed EPRI exclusively: A' ~ A corporation (including fan incorporated master agreement betci•een EPRI and association) is an intangible being. ,Its ex- Jones was entered into under the terms of istence is mirrored in its corporate charter, ' Which Jones could be discharged if the non- Standing alone it a creature of the law. destructive problems had been solved 'by' . can do nothing. Only through its person- " ~~ 1'9E2 or if Jones was' not doing a good job. nel can it perform any function. Generally, A lean staff of EPRI people was on, site aboard of directors or board of trustees from time to time so as not to duplicate molds policy for the corpontion.'`The offi- facilities and technical competency, but it . tens-president, vice-pre`sidenc, secretary, was expected, chat one or_.more permanent E treasurer-are responsible for carving out on site PRI employees would be present policies through departmental managers or a •.as the facility expanded., EPRI pays a fee superintendents. These middle manage- to Jones for its work and iu actual costs.. ment personnel direct supeitiisors -and em- EPRI controls the work at the Chazlotte ployees µ•ho are actually responsible for facility-; and in so doing, controls employees the day .w day performances, such as open= of Jones in several ways. First. Jones re• ating machinery and ttie li;:e; vet it is the ~, Ports to EPRI. EPRI uses controlled cor- corporation~itself that uses the equipment. respondence. .Reports o: technical na:urz even though many of its :personnel acid are exchanged. Fieid audits are per:ormed ~ employees never 'see the maachinerv operat= - n:ake sure EPP.I is .from rime to time to, . ed. ~ ~ getting dollar value. ':: y. . .~ ~• ,• . z, ~.. {: F_ . .L 5. ~ .. In re Forest- +~=- X30, 2~0 S:E.2d ' ~ ~~ sue of ad ~•alo- .. ~' sa ~ ." S`•' me statuto- ~-•':. . ~ e Court denied ;;.• ~' scts non-asser- . ' 'i''% ip, the decision ~:;~. the propem's ~: ?.' ~r that use. In = i;: . es of statutory ~ f' ~ ' ~n• test for ex- ~ ~• • 4, :erpretation of : ~ words of the i roar}' meaning, l ! e f2cts of the ^' . f• ~ e is directed. ~• o~rnership or „ ~: '~..'ic association ,. ~e is used for ~- >. es. Had the ~ `. employee of ~~ave been ex- 122"~ The definitions of "use" are limitless. The record, through the testimony of YIr. Darius, the treasurer of EPRI, reveals the method of operation of EPRI, i.e., the "use" of the propem• :by its owner.. His testimony in pertinent part is as follows: EPRI selects the t}-pe of research prod- - ucts to be evaluated. In very few cases does it do the research. ?vfathematical studies are done in its office, but hardware.. development is done`in-the field. ~EPRL's- scientists and engineers reside in the home office in California,` but the company has operations' and offices elsewhere: Re- search is carried out all across the country and in foreign territories. The results of the experiments are prodded to the public and to utilities at token prices. ; Four piojects are tamed on in North Carolina, the principal one 'being in Char- lotte. The real estate facility was original- ly owned by EPRI, but for reasons beyond Second. Jones performs tasks under EPRI's direction and control. Two repre- sentatives" from California visit the Char- lotte site twice a month. One of them is called the project manager. Both airect people at Jones to do .certain things and carry out certain acri~ities in connection with performance under the master agree- ment, including not only the formulation of the general 'plan but also detailed tasks. These tasks are monitored by' telephone calls, correspondence, and -visits to the fa- cility. ~ - Third, Jones rriaintains custody and care over EPRI's propem and acts as the. in- strumentality for EPRI to use the proper- ty. The equipment on .site and the subject of this controversy was acquired by.EPRI under the terms of„the master agreement for the performance ~ of this project. and was shipped to the Charlotte facility by. EPRI- for educational purposes. ,EPRI does: not Lease the propem or .rent it to 1 0 i ~I • rr--~~~~',6jh'EJJLTTLANT'S 33~ '~• C. 316 SOCTH E4STER\ REPORTERl.~'~B7~i~11`b ~Z 9 Jones: It receives no benefit or income from Jones for its use.; EPRI controls the use of the propem• and determines ~•hat use to which it can be put. Jones does not use the propem• for any purpose ,other than that set out in the master agreement. 411 data generated be-the facility belong to EPRI. Insurance is carried and the premi- ums are paid by EPRI. It is the opinion of Mr. Darius that EPP.I is bound by actions taken by Jones while it is using the equip- ment at the Charlotte'iacilit,•. [2l In view of the substantial control exercised by EPRI over the property and Jones at the ?Mecklenburg faciiit}-, we hold that Jones was acting as agent for EPRI in its use of the personal prooer-.y, and that EPP.I controlled the ultimate purpose for which the propem' was used. «'e there- fore conclude that the personal propem• was "wholl}• and .ezclusiael}• used" by EPRI as its owner and qualifies for exemp- tion from ad. valorem taxes under G.S. 10~- 27E.7. The decision of the \o:-th Carolina Prop- en• Tax Commission is re,•ersed. The czse is remanded w the Commission for entn• of judgment in accorcance herewith. P.eversed and. ren•,anded. BECTO\ zrd DP.4~~z'ELL. JJ.. concur o S c^ eu~.eti s•Stt~ T pensation. The Court of 4ppeals, Hill, J., held that claimant's injuries arising. ~•hen she nipped over median in area of mall parking lot designated by mall owners for claimant's employer's employees was not sustained as result of accident on employ- er's premises nor while claimant was per- forming duties for employer. 4ffirmed, ~~'orkers' Compensation ai30 «•'orkers' compensation claimant's injti- ries which resulted when she tripped over parking.lot median in area of mall parking lot designated for claimant's employer's empio}•ees b}• mall owners „-ere not sus- tained as result of accident on employer's premises or While claimant was performing duties for her employer, and thus, claimant did not sustain injure b}• accident arising out of and in course of employment and did not qualif}- for compensation. G.S. § 91- 2(6). George P.. F~ornegac, Jr., P. ~. b}• George P.. Kornegav, Jr., and Janice S. Head, liount Olive, for plaintiff•zppellant Hedrick, Eatman, Gardner, Feerick Kincheloe by Scott M. Stevenson, Char- lotte, for defendants•appellees. Ka}• E. GL~SSCO; Emplo}•ee, ~. BELK-Tl'LER CO:~iP4.\'1- OF GOLDS- .. BORO..~ORTH C4ROLI\.4, I\C., Emplover. and Home Insurance Compare}'. Carrier. ?~o. S310IC103S. Court of 4ppeals of i>orth Carolina. June .19. 194. Injured employee appealed denial b~~ the Industrial Commission of workers' com- HILL, Judge. The question presented by this appeal is whether plaintiffs injun~ b}• accident arose out of and in the course .of her employ- ment, thereby enabling her to-recover com- pensation under the Workers' Compensa- tion Oct. The Commission ruled that the injur}• by accident did not so arise. ~;'e affirm for the reasons that follow. Plaintiff, a salesperson for defendant at its Berkele}• Mall Shopping, Center store in Goldsboro, North Carolinz, amved in the mall parking lot at approximately .12:20 p.m. to begin work at 1:00 p.m. She parked her autor. mall parking lot c employees b}• the walked toward tripped over a r Before arriving plaintiff had pur• fast-food restaur~ Mall Shopping Ces eat the sandwich fore clocking in f. 12:~~ p.m. Defendant ieas• the mall from Cal owner. ~ccordir. lease, store empio the .common area areas. The landl the common area adopt rules and t use of the parkin; employees. Purs landlord formulat ter parking plan • for the employees Plaintiff had. bf ' .her employer ~•h: parking for Bel>; map indicating tl ployees were to t time clock. She ; monished for pa; pre,~ously. These parkin marked, nor corer: to the general F designated for p .ees. Defendant': that any customs designated for BE employees could the mall parking ees of other stor ing to do ~-ith the ter plan for parki by the mall owns bility for the mai designated parki: ity belonged to t In den}•ing co Sion, adopting t} 3 124 a s i r i i i REQUEST FOR BOARD ACTION Meeting Date: 01/16/95 Regular Item #: 13 Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 4 Contact:. Pete Avery SUBJECT: Subdivision Appeal - SA-16; 1/96 BRIEF SUMMARY: Request by Brenda Hewlett, E-911 Coordinator to overturn a decision by the Technical Review Committee approving the subdivision name, "Greenville Manor". E-911 had objected to the use of the proposed name because there were other projects in the County including existing street names that utilize the word "Greenville". RECOMMENDED MOTION AND REO_UESTED ACTIONS: The Commissioners should either approve or reject the appeal. Note: A text amendment is pending that will clearly give the E-911 Center full approval authority over all street names and subdivision names. k'UNDING SOURCE: Federal S: State S: County S: User Fees S: Other $: Money Is In Current Budget: IVew Appropriation Request: Budget Amendment Prepared: EVIEWED BY: LGL: FIN: BUD: Y A A R' E T D E Hear request by Brenda Hewlett and consider the appeal. A ~~c Len ie.d - - -- , arI.tA 1"~'y . ~ ~I^~ ~°1 ~H JIi11d C..:~Yi VIr~I Ldi~~t~~{ -=1- --~ Rcfcr to Office Vision Bulletin Board Cor Disposition HR: nrc. 125 ~p,1~IOVER C~. ' ,,CUE y ~y ~~ ~~ ENE R /~ a ~• ~ r r M~,H4NWtR~O SHERIFF'S DEPARTh1ENT WILMINGTON, NORTH CAROLINA 28401-4591 PHONE (919) 343-0411 Joseph McQueen, Jr. Sheriff DECEMBER 51995 TO: PETE AVERY ST,,~~AFF PLANNER FROM: BRENDA HEWLE T 911 COORDINATOR REF: SUBDIVISION NAME APPEAL (GREENVILLE MANOR) ' PLEASE CONSIDER MY REQUEST FOR AN APPEAL OF A DUPLICATED SUBDIVISION NAME. I AM APPEALING THE DECISION MADE BY THE TECHNICAL REVIEW COMMITTEE ON NOVEMBER 8,1995.THE TECHNICAL REVIEW COMMITTEE APPROVED THE SUBDIVISION NAME "GREENVILLE MANOR" DESPITE RECOMMENDATIONS BY THE COUNTY PLANNING STAFF AND 911. I THINK IT WOULD BE APPROPRIATE FOR THE COUNTY COMMISSIONERS TO GIVE THEIR CONSIDERATION TO THIS PROBLEM. I WOULD LIKE TO SEE THIS PLACED ON THE COUNTY COMMISSIONERS AGENDA AND BE HEARD AT THEIR EARLIEST CONVENIENCE. cc: SHERIFF MCQUEEN MAJOR SPELL CAPTAIN SMITH 26 M E M 8 E q ~'\f • 4 o- U - • ~~ :; ._ i DEC .p E : , F _ . _ ;~~. t _s jj 9%~O~ from the New Hanover County Planning Department 320 Chestnut Streee, Room 403, Wilmington, NC 28401 TO: 0 Southern Bell / Whitaker 0 SCS / Raif-Snyder ~- Emergency Services /Summers ~ NCDOT / McDaniel 0 NC Coastal Management / Barrett ~ Corps of Engineers /Richter FROM: 0 Avery, P. . p~ Burgess, S. DATE: ~ctobea, 19 , 19Rti 0 County Schools / Wayne ~ Environmental Health / Harvell ~g11 /Hewlett 0 Engineering / Kimbrell /Craig _ ~ Fire Marshall / Rivenbark Environmental Management / Lewis 0 Zoning Enforcement / Hines /~ , ~ Preliminary Plan MESSAGE : 0 Final Plat Project Name /Topic: ~~~~-~~;~~~~ ~~-~~ General o ~ ~ C~-vQ,.~.~~ ~ _ .~ t' ~~ ~ SPECIAL INSTRUCTIONS: ,~ ~ ~ i ~~ ~C~. ,~~ G~%~r~ --%Z~`2~-~ ~U ~o~~ NEW HANOVlZ COUNTY PLANNING DEPARTMENT 320 CHESTNUT STREET, ROOM 403 WILMINGTON, NORTH CAROLINA 28401-4027 TELEPHONE (910) 341-7165 DEXTERL. HAYES Plamiing Director w a_ T~ cra__--tt r____t_.. __ 1V17'. I7F~.13y utUVilll~ tlCVCdUp~l" D fl Rnv A G?7 1 .tl. 1JVA ?~ t Wilrtiinvf~~n NC' 7R4~f Kam. 171~C111r111G 1V111IlUI' ~L.UIIVCLIL1UIl1~1 3110 Y1~I1! T7P.f~T MT_ ._1tfl~lSl~: t_-----'-_ A7--__.--t--O 1AAr at__ t'lt-_.-'_- Tl__>_t7_ m-_t _'_-t tl --: --:- hl It`~,Lf.LSI 5C`3'J1UIL UIl 1'VUY~LLLUCI 8, 1 y~ ~~ LiLC YlEtIlI11I1,~ L]UFIItI `~ 1 ti'LQ11I:E11 itCV1GW Cz~mmittee ~'fRC? approved the atx~Ye reference:-i preliminary site plan fc~r 2(t lots pursuant to Section ~~-~ ofthe County~s Su~ivision t~~ode. Due to the private nature ofthe development, the TI,.C waved several Curve radii that did not meet minims ItiIC;DC~'T specification4. However, the cvrivmittee did.require that a slop sign be placed at the entran+r~e.tc~ t}ig development. The development name ~reenvitle Itrianor wag also approved 1Ty the c~mmitte~ despite ~commenc3atic~ns t-v ~taf~and Emergence ~I 1 that the yams was a duplication. Finally, a lt~ f~aat pedestrian easement will ~ required from lot ?tl leadirtgt into the tl:~e Shandy Lane development. As noted on ~n?LQ site plan, indi~2dual wells will tie utili~d thereby eliminating fire plug installation.. However, if you chose to cr+ntract with Cape Fear l.Jtilitie~ or the City of WiLinington., fire plugs will be requited. _ ~reenvilie lvianoI will be valid as a preliminary $ite plan for one year. The plan will automatically expire if a final flat for all or p{~rt of the elfin i5 nc~# recorded ti~-ithin t'-vel~~ n-iQnths. Preliminary extension requests Are permitted and handled thl-cugh the TRC. Please note that it will he your regpc?nsil?ility to d1?tam ether development related permits a4 applicable. tLttending the TRC meeting urere: Vl%esley Nixon, TRC O°hazrman, Charles Hou~eli, Joyce Fernando and Jim Wolle, TRC memt~; 4;md1 Wolf, RLS, $renda Hetii~lett, E-~ 11; members of 11{o Ij'lanninrr a4a~ an~ irni~ iilV 1 liilllllll~ UKill L{Ll 3 lU. Cnr~tact me rtt 3$1-715 is you have. tnL~xti~nR relating to t_}se meeting nr c~nr nmject Rx you be~iri construction: An approved preliminary site glen is enclese~~ far your records. Sincerely, Copy t-e: ~ Planning Bd. Membcra . r~nn H,jneg7 ?c~ninsz (rnAp eIIcinggcll ~j : Q . (~ w. ~o o Wayne Kimbrell, ~ount~~ Engineer Aubrey Rivenbark, Fire l~~tarshal S, e . burgess / Lrenda He~~~lAtt,1J-411 5th F1QUlxer Cindi Z~4Talf; Hohhs Sutz~~~~rii~ ' S,mt Bufgc~s, Platuiir~ ~~i0ff t~l} eaclz~+3) i p,~l OVER , C ~ 0~ ~~pU EEry ~~ SSE R I/~ ~~ ~~'HANOV~~6 SHER}FE'S DEPARTMENT WILMINGTON, NORTH CAROLINA 28401-4591 P}IONE (919) 343-0411 Joseph McQueen, Jr. Sheriff DECEMBER Sr1995 TO: PETE AVERY, STAFF PLANNER a~~ FROM: BRENDA HEWLETTr 911 COORDINATOR REF: SUBDIVISION NAME APPEAL (GREENVILLE MANOR) PLEASE CONSIDER; MY REQUEST FOR AN APPEAL OF A DUPLICATED SUBDIVISION NAME. I AM APPEALING THE DECISION MADE BY THE TECHNICAL REVIEW COMMITTEE ON NOVEMBER 8r1995.THE TECHNICAL REVIEW COMMITTEE APPROVED THE SUBDIVISION NAME."GREENVILLE MANOR" DESPITE RECOMMENDATIONS BY THE COUNTY PLANNING STAFF AND 911.- I THINK IT WOULD BE APPROPRIATE FOR THE COUNTY COMMISSIONERS TO~GIVE THEIR CONSIDERATION TO THIS PROBLEM. I. WOULD LIKE TO SEE THIS PLACED ON THE COUNTY COMMISSIONERS AGENDA AND BE HEARD AT THEIR EARLIEST CONVENIENCE. cc: SHERIFF MCQUEEN MAJOR SPELL CAPTAIN. SMITH r MEMBER • } • from the New Hanover County I'Ianning Department 320 Chestnut Street, Room 403, Wilmington, NC 28401 TO: '~ Southern Bell / Whitaker ~ FROM: Avery, P. ~ SCS / Raif-Snyder Q Burgess, S. Emergency Services /Summers ~~ NCDOT / McDaniel ~ NC Coastal Management / Barrett DATE: ~ I ~ Corps of Engineers /Richter County Schools /~Wayne ~ _ . ~ Environmental Health /.Harvell - r~ ;~~< E911 ~ Hewlett ~ Engineering / Kimbrell /Craig 0 Fire Marshall / Rivenbark Environmental Management / Lewis 0 Zoning Enforcement / Hines .. r~ ~eliminary - Pian . MESSAGE: [~ General Final Plat Pro'ect Name / To ic: ~~~PnN(~~~P l ~~"~~ ~" ~~,~ J P . c~ ~ / ~r~ v/ ~"~ ~ z- J ~\ N'~/" ~S ~~ N" C~~/ ~~ rv ~ /2 // ~ . SPECIAL INSTRUCTIONS: ~ ~A ~~ //: ~- 9~~ =~-c -~ J) Q ~~~ Y-~ - ~ ~C, Q i~'~,~ ~~. ' ~~~~°'~ . ~~ ~ ~ - Cl ~~f ~'u. ~-P G~ ~ ~r ~ ~ O ~. ~ , ~ - .. _. ~ 1 7 TRC Agenda Wednesday, November 22, 1995 ~ ~1l i-~e~., ~.~tf- The Technical Review Committee of the New Hanover County Planning Board will meet on Wednesday, November 22, 1995, at 7:00 p.m. in Room 403 of the County Administration Building, 320 Chestnut Street to consider the following subdivision items: ITEM 1: Greenville Sound Point (Performance Development) -Request by CEG Associates for approval of a 131ot subdivision located at the eastern end of Towles Road Zoning: R-20 . Water: Community, Cape Fear Utilities Sewer: .County Roads: Private Lots: 13 Acreage: 9.55 Land Class: Resource Protection and Conservation Previous TRC and/or Staff actions: None. E-911 has rejected the proposed name of the project. ITEM 2: Bayshore Estates-Section 15 (Conventional Development) Reapproval -Request by Bayshore Estates, Lic. to approve the preliminary plan for Section 15 of Bayshore Estates Zoning: ~ R-15 Water:. Individual wells Sewer: Sewer Roads: Public Lots: ` 20 . Acreage: 12.1 Land Class: Resource Protection Previous TRC and/or staff action: A preliminary plan for this project was approve~l'by the TRC on September 7; 1994. The plan has since expired because a final plat was not recorded during. the twelve .month validity period.. A final plat was filed in November 1995, two months after the preliminary plan expired. Despite that, the final plat is being processed in anticipation of reapproval of the preliminary plan. There have been no ordinance changes since the 1994 approval that would affect the design. m ~ io _ r. . 11 _ Toy Drendn Newlett, E-911 ~~. ~ From: Sam Burgess, Planning RQS Road Name Rraquest (Heritage Woods) hater July 18, 1994 P1e~~Q review a,r-d advise the following street;-names to be located in~ Hrbar i tage Woods ~ west s f,de Qt' Caro 1 f na Beac~t-i Ftaad across frgm Laurie( Ridge far Landmark. Burrwood Cedar Elm Drive Chartwell Chinaberry Drive. Dusty [lak Grerid Heritage. Drive Harvest Knell Headland ,Run Hearty Pine Jf.~n f per Drive ; Liberty Run Fled Acorn Ridge R'i5><r~g Oak ' Southern Pine Dr:ve Straw Valley Thatched Pine 7his~lewood Thanks, c~..,,,., ` } ~ . SAME JULY 71994 THE ONLY STREET NAMES THAT CAN BE APPROVED ARE ~S FOLLOWS: BURRWOOD •~ CHARTWELL CHINABERRY .HEADLAND RUN AND STRAW VALLEY THE OTHER STREETS THAT ARE LISTED ARE DENIED. THE SUBDIVISION NAME CAN NOT BE APPROVED EITHEP.. [~7E HAVE A HERITAGE PARK ALREADY. THIS WOULD BE A DUPLLCATION OF Till: BASIC NAME. THANKS,' i ' _ r_G :L POSt-If" FaX NOt6 767 ! Date $ of ~ Pages To ~ From GL.,.- Co.IDupl. ~ Co, ~ Ph~~o A Pbpns R Fax ~ ~~ • yo•3e Fnx A from the New Hanover Cou~ity Pln~ining Department ~ 320 Chestnut Street, Room 403, Wilmington, NC 28401 J ,.~ T0: p Southern Bell /Todd FROM: ery, P. O 9CS 0 Burgess, S. p EmergencyServices/Summers d NCDOT / McDaniel t. ~ . ~ p : NCCoastal Management/Ba~rett DATE: Z p Corps of Engineers /Richter p County Schools / Wayne ~ O E v' t Health / Harvell f911IHewl ~ " [~ Engineering / Kimbrell /Craig [~ Fire Marshall /Willman Q /~'~T Environmental Management / Lewis ° 1 ~Prelirninary ~ Final MESSAGE: Project Name: ~ ~ ~E ~ov.D~ ~~~~~, e ~. ~ v,' " SPECIAL INSTRUCTIONS: -- ,S'r ~ SCR ~ ~/~'~M'vNZ ~~ ~,~,~ ~A ~~o~• ~62~ IT1~Li~ ~/I-U ~Q c~ ~i/y ~ /t~'p/~ -. J y~~~~~ _ ._~ ;" ~ , TO: SAM BURGESS ~ ~ . FROM: - BRENDA HEWLETT REF: STREET NAME APPROVALS THE FOLLOWING STREET NAMES HAVE BEEN APPROVED FOR YOU: HALSTEAD DR - HAYDEN CT LACOTA CT ALDRICH CT i BURROUGHS CT ~ CAVELL CT CHARTWELL CT ~ - HEADLAND DR _ ~ - BERRIDGE DR LOWERY CT i THE FOLLOWING STREET NAMES HAVE BEEN DENIED: CHESTERTON DR DARRINGTON DR ASHTON CT SEDGEWICK CT AMSDEN CT. AGAIN THE SUBDIVISION NAME CAN NOT BE APPROVED. WE HAVE A HERITAGE PARK ALREADY. THIS WOULD BE A DUPLICATION OF THE PRIMARY NAME. ANY QUESTIONS PLEASE CALL ME AT 341-4247. J from the New Hanover County Planning Department 320 Chestnut Street, Room, 403, Wilmington, NC 28401 TO: ~ Southern Bell / Whitaker FROM: ~ Avery, P. 0 SCS / Raif-Snyder ~ Burgess, S. 0 Emergency Services /Summers _ 0 NCDOT / McDaniel 0 NC Coastal Management / Barrett DATE: -Ao~_~ ~ „~~gq~ 0 Corps of Engineers /Richter 0 County Schools / Wayne 0 Environmental Health / Harwell E911 /Hewlett Engineering / Kimbrell /Craig Fire Marshall / Rivenbark 0 Environmental Management / Lewis 0 Zoning Enforcement / Hines Preliminary Plan MESSAGE: ~ General ~ Final Plat Project Name /Topic: N ~: ~ a ~Q ~pQ~~ ~ ~ ~ _. a--~ «~ 4 ,, ' } -_-_ _ .~. ev„ x. .L~ .-n 1 'ta . n ~ • ~ 4. T .SPECIAL INSTRUCTIONS: ~~~a ~ ~~~, ~,{.,~,~,~ r+~a ~ ~y~~ ~, ,~ . ~t!~~ ._ ~~ ~~ ~~e~ -~ _ X1-/3 -4S • ~. NEW HANOVER COUNTY INTER-OFFICE. 1 .MEMO ~~ ~ ~~~~~:,~ To: B. Hewlett, E-91 I From: P. Avery, Senior Planner Re: Heritage Woods Subdivision Date: September 13, 1995 Despite your "recommendation" not to allow the name Heritage Woods as a subdivision- as outlined in your July 1994 memo, the Technical Review Committee of the County Planning Board with St~1T''s support voted to approve the project as submitted, name included. Article IV, Design Standards of the New Hanover County Subdivision Regulations states that in no case can-the name of a proposed subdivision name duplicate or be phonetically similar to existing subdivisions. The TRC found that this project's name, while very similar to an existing subdivision (Heritage Park), was not a duplication because of the compound nature of the name. As you know, there a multitude of subdivisions in the County with compound names that share either the same first or last name. A good example1of that are the "oak" names.. These include: Oak Landing, Oak Ridge, Oak Hill, Oak Forest, Oak Crest, Oak Village at Airlie and Oakmont. Another example is the "harbour . name." We now have Harbour Village, Harbor Place, Harbor Ridge, and Harbor Villa. There are others as well It is TRC's understanding that 911 calls are routed pursuant to street name and street number information, not a subdivision name. Responding to the project's name only would do little good, especially for alarge project like Northchase with hundreds of streets, unless the exact street address is known. . In-nearly all cases, the TRC has concurred with your recommendations for street names and subdivision names, and will continue.to solicit your input for future subdivision requests. They take very seriously your input. Moreover, they appreciate, as does the Planning Staff, all the hard work that you do. Your reviews for street approvals in the subdivision review process have been invaluable. Again, ,thanks for all that you do to make New Hanover County a safer. place to live. cc. Dexter Hayes, Planning Director TRC Chairperson /" ~i~, ~~ .~ ~ T..~. V / ` `z/` _ „e,. B ~^-`y 0 wr ys ., ~~ er County Planning-Department from the New Han~v TO: p Southern Bell /Todd SCS /Spencer ~ Emergency Services /Summers p NCDOT / McDaniel. ~ NC Coastal Management / Stroud .~ Corps of Engineer-s LRichter County Schools /~WaYne Y~ealth I Harveli I Newlett • ~ ~ rell /Craig L7 ~ .Fire Marshall I-Elrod ement./ Lewis ~ Environmental M~ar-ag IROM: ~7 '"~ry~ P. ~ Burgess, S. DATE: ~~'~ ~' ~ ''; o ~. from the New Hanover County Planning _Department 320 Chestnut Street, Room 403, Wilmington, NC 28401 Southern Bell / Whitaker ~~ ~ FROM: ery, P. TO: ~ ~ Burgess, S. ~ SCS / Raif-Snyder ~ Emergency Services /Summers 0 NCDOT / McDaniel - ~ ~ l q ~ NC Coastal Management 1 Barrett • DATE: ~ 'Corps of Engineers 1 Richter 0 County Schools / Wayne 0 Environmental Health / Harvell. 0-- X911 /Hewlett ~ Engineering / Kimbrell /Craig ~ Fire Marshall / Rivenbark ~ Environmental Management / Lewis • 0 Zoning Enforcement / Hines ~- ~ reliminary Plan MESSAGE . Q General 0 Final Plat ~ LET ~- Project Name /Topic. ~~ n~ ,,~ . ~~ S ~Q ~ SPECIAL 1 STRUCTIONS: ~~ _. l~c~ r~ u ~ f7 6` p wrNy ui C11~jI11CC1, I i.i~.Fi«.~ -`~ ~ County Schools/ Dill-Core p Environmental Health 1 Harwell ~E911 /Hewlett p Engineering %~Kimbrel I /Craig p Fire Marshall / Elrod p Environmental Management / Lewis ~~~ ~~~~ ~~ ,, ~~~, ~~~'~"~ ~' ~ ~U ~~ ~~ to ' o • ! from the New Hanover County Planning Department TO: p Southern Bel I /Todd p SCS /Spencer p Emergency,Services /Summers O _ NCDOT / McDaniel ~ NC Coastal Management / Stroud p Corps of Engineers I Richter p County Schools /Dill-Core ' mental Health/ Harvell -.}~ p. . ngineering / Kimbrell /Craig p Fire Marshall / Elrod p Environmental Management / Lewis FROM: ~Av~ery, P. p Burgess, S.~ DATE: ~ 2'3 93 reliminary ~ ESSAG E: O Final ~~! ~}V ~ v~tJ ~ ~ G4~C Project Name. ,~- ~ rw 2 .~ .; , .~ _..... ~ TO: PETE AVERY ~ ,,~~~°~ +,q S I FRO EWLETT a REF' B'~'REF~T NAME APPROVALS '7w„~,~,~~~~ i r FROM: ` NEW NANOVER COUNTY WILti11tiCTON, Nt)R'1'li C:\RUL,i~;\ ?H~01 MARCH 91994 19 PLEASE BE ADVISED THAT THE FOLLOWING STREET NAMES HAVE BEEN APPROVED AND RESERVED FOR YOU: ALSTON $ORELAND OR MORELAND...ONLY ONE SAN BE USED BRAME CULBRETH KEARNEY ~ TRIANGLE -THE FOLLOWING STREET NAMES HAVE BEEN DENIED: ACADEMY BALDWIN FEDERAL HILLYARD ~MAYFIELD MERDIAN PARKSIDE. ~- .a TO: SAM BURGESS ~- ~~pUEEp FROM: ~NERIj~ p ~p11 .U®~~~~ ~C~4J~~~ ~~., M pp ~~~~tl~~ FRO RENDA HEWLETT.. - a ~ ~ - `: -NEW HANOVER CO UNTY REF• .STREET NAMES '~rH~~c~~° W IL!~tINGTON, NORTH C.~ROL Iti,~ 2801 FEBRUARY 121993 •~g WINDWARD OAKS CANNOT BE APPROVED. WE HAVE A WINDWARD ALREADY IN THE GREENVILLE SOUND AREA. WE HAD ALSO PREVIOUSLY AGREED NOT TO CONSIDER ANYTHING WITH OAK IN THE S TREET NAME OR TITLE. s ~~ SEPTEMBER 24,1993 TO: LAURA CROOM FROM: BRENDA HEWLETT 911 COORDINATOR REF: SUBDIVISION AND STREET NAME APPROVALS ON FEBRUARY 12,1993r I RELATED TO SAM BURGESS, OF THE NEW HANOVER COUNTY PLANNING DEPARTMENT, BY MEMO, THAT "WINDWARD OAKS" COULD NOT BE APPROVED DUE TO HAVING A WINDWARD SUBDIVISION ALREADY IN THE GREENVILLE SOUND AREA OF THE COUNTY. PROPER NAMES ARE NOT BEING ACCEPTED BY THE COUNTY AS STREET NAMES. WILLIAM HOOPER AND HENRY 'BACON CAN NOT BE APPROVED. WE ALREADY HAVE A PARSLEY AND A WINDWARD. THE 911 CENTER AND THE COUNTY PLANNING DEPARTMENT ARE WORKING TOGETHER TO ELIMINATE DUPLICATE STREET AND SUBDIVISION NAMES. THE. FOLLOWING STREET NAC9ES HAVE BEEN RESERVED AND APPROVED FOR YOU: OWENCROFT ESHCOLr JONQUIL CAZAUX FINIAN HARDSCRABBLE DUPLICATE SUBDIVISION AND STREET NAMES CAUSE PROBLEMS WHEN PRECIOUS SECONDS COUNT IN RESPONDING EMERGENCY VEHICLES TO SAVE LIVES AND PROPERTY OF THE CITIZENS OF NF.W HANOVER COUNTY. IT IS MY OPINION THAT THE ABOVE BE STRICTLY ADHERED TO. IF YOU HAVE ANY QUESTIONS , PLEASE CALL ME AT .341-4247. ~. PETE AVERY .~~°""h~; ---- , T O : ---- -------- ~E R rte. ------------- ~ ~ y ' .. . ,, FROM: BREND_A__EIEWLETT____~~.____- ~~. -~- REE.:_^.,S'i';REE`.P__.NAME___A;PPR~)_VAL_S__--__-_-- "~'RAHWa~o- FROM: ,D®~lE~~f 1~~~~IlE1E,F~, ~~., ~~II~~~IFIF NEW I-IANOVEIZ COUNTY tt tt,~tt~;c~~ro~, v~~tt ru c aitc~i.-`a ~s~ot . .----JUNE 2~4 ~ 1994 19 _-__ --- ----- - - THE FOLLOWING STREET NAMES EiAVE BEEN APPROVED P,P1D RESERVED FOR LAMB'S-BLUFF: PENNYPACKER RD,LIPBCOMB STS AND COLQUITT....HOId1;VER, ONLY ONE (1) OF THE COLQUITTS CAN BE USED. IF,BOTEi ARE USED 1:T WOULD BE A DUPLICATED STREET NAME....80 I AGREE TO ONLY Ttil:, DRIVE OR COURT. ,... . ~~ -- /~ o - / -9 ~ - ~~- ~- /~ o ---/ 9 9 ..~~ l l«~'Gtit :,. l ?- (t /4 y l . " Lambs Sluff , Sec . 1 Lot 1 7000 Lipscomb Drive Lot 2 7004 Lipscomb Drive or 101 Colquitt Court Lot 3 100 Colquitt Court Lot 4 102 Colquitt Court . Lot 5 104 Colquitt Court or 7008 Lipscomb Drive Lot 6 7012 Lipscomb Drive . Lot ~50 121 Colquitt S~t~2 • Lot 51 117 Colquitt P~/~, Lot "52 113 Colquitt C ~ Lot 53 110 Colquitt -se-p~ Lot 54 114 Colquitt 9e ~ Lot 72 7017 Lipscomb Drive .Lot 73 7013 Lipscomb Drive Lot .74 7009 Lipscomb Drive Lot 75 700.5 Lipscomb Drive or 106 Colquitt ~es~tr~t '0~ Lot 95 7001 Lipscomb Drive or 105 Colquitt t ~~ Lot 96 109 Colquitt C#. p~ _ _ ,~ P~~VER C ~U ~. ~~ y~e ~ SfIrRIFF'S DEPARTMENT WILMINGTON, NORTH CAROLINA 28401-4591 PHONE (9i9) 343-0411 Joseph McQueen, Jr. ' Sheriff JANUARY 19,1994 TO: SAM BURGESS ' FRgM: BRENDA HEWLETT 911 COORDINATOR. REF: ~5TREET NAME ~ ' SAME - ' IT IS MY OPINION THAT CAPTAIN DEXTER WYND SHOULD NOT BE APPROVED. . I BELIEVE THIS TO.BE A DUPLICATION OF A STREET NAME,BECAUSE WE HAVE A DEXTER STREET ALREADY. I ASK'YOU TO REMEMBER THAT SOME CITIZENS REPORTING EMERGENCIES IN THE pA5T HAVE FORGOTTEN THEIR NAME AND ADDRESS. PLEASE CONSIDER THE FOLLOWING INCIDENT AS A BASIS FOR MY OPINION. ACTUAL CALL RECEIVED ON ,JANUARY 91994; - MALE SUBJECT CAL1~911 -FROM HIS RESIDENCE LNSIDE THE CITY LIMITS FOR HIS BROTHER WHO LIVES IN THE COUNTY- WHO WA5 SICK AND NEEDED AN AMBULANCE. THE MALE CALLING 911 FOR HIS BROTHER GAVE~'~HE TELECOMMUNICATOR THE INCORRECT STREET NAME...ST. 5TEPHENS ROAD. TE3E TELECOMMUNICATOR -HAD TO STOP AND LOOK THE STREET NAME UP BECAUSE PERSON NEEDING ASSISTANCE DID NOT CALL. THE MAN NEEDED AN AMBULANCE IN FACT ATt STEPHENS CHURCH ROAD. THE AMBULANCE WAS SENT TO: ST. STEPHENS PLACE WHICH CAUSED A DELAY IN THE AMBULANCE ARRIVING. EVERYTHING WORKED OUT WELL IN THIS,.CASE, BUT NOT EVERY CALL COULD HAVE A GOOD ENDING. AGAIN I URGE YOU TO DENY THE APPR0.VAL OF CAPTAIN DEXTER WYND.` THANK YOU F.OR YOUR COOPERATION, l~ ~V . BRENDA 1 ` MEMBEN ~, ~. o t . ,;. DEXTER L.•HAYES Planning Director NEW HANOVEIZ ~DUNTY ~• PLANNING DEPARTMENT 320 CHESTNUT STREET, ROOM 403 WILMINGTON, NORTH CAROLINA 28401-4027 TELEPHONE (919) 341-7165 - January 27, 1994 Mrs. Emily D. Ezzell, President Grenezay .Farm. • 701 Edgewater Club Road Wilmington, NC 28405 RE: Grenezay Farm -,Street Name Proposal Dear Mrs. Ezzell: At their regularly scheduled meeting on January 26, 1994, the Technical Review Committee "tabled" your req~:~.est to name a road in Grenezay Farm, Captain Dexter Wynd. The Committee .suggested that you meet with E-911 Coordinator, Brenda Hewlett to resolve the problem. As you know, the Planning Staff concurs with E-911 that Captain Dexter Wynd has a variety of identity problems (i.e. duplications and phonetics). .._ Attending the meeting were: Wesley Nixon., TRC Chairperson; Jim Wolfe and Joyce Fernando, TRC members; Charlotte Dexter, .Grenezay developer; Planning staff and you. Contact me if you .have any questions or concerns; • Sincerely, S. A. Burgess Planner • ccs ~B. Hewlett, E-91,1 C. Dexter, Developer a 4 MINUTES SUMMARY' NEW HANOVER COUNTY BOARD OF FIRE COMMISSION NOVEMBER 15, 199 The meeting of the New Hanover County Board of Fire Corrux~issioners was called to order at 7:10 p.m. in the Emergency Operations Center (EOC) located in the Law Enforcement Center, 4th and Princess Streets. .tire ~om_m~sstoners: Dennis Pinho Dominic Bianco ' Wayne Hartsell Chuck Ray Dan Stahl Robert Korf ~ ' Tim Pittman Dr. Bill Sisson bounty Liaison: Dan Summers Wilbur Davis David Strickland Terry Brewer - Dave Sepulvera Mike Rhodes ' William Rivenbark Terry Miller Cliff Robinson Frank,Meyer Minutes of the October 25, 1995 meeting were approved. . Lyon-Agenda Items: There were not any non-agenda items. ~#.dministrative Items: Dan Summers reported that the Fire Administrator Position has been approved and is to be advertised in the Greensboro, Raleigh, FC Minutes 11/15/95 1 Charlotte and local newspapers, the December issue of Fire Chief Magazine and also the National Association of County News. Applications for this position are. scheduled to close on January 8, 1996. It will take approximately one week after the applications, close for Human Resources to do the screening and two to three weeks after the initial screening the interview process will begin. .The candidate selection process will be done with the Fire Commission Executive Committee, Ed Worrell will represent the Volunteer Fire Departments, Dr. Sisson, County Commissioner, Dave Weaver, Assistant County Manager, Jay Graham, Inspections Director, and Dan Summers (ad hoc). The Fire Administrator will report to Dave Weaver, Assistant County Manager. Dan Summers stated that the Myrtle Grove apparatus Report has been distributed. Dan asked if the time schedule for the volunteer fire department's to imeet with Wayne Graham, Computer Consultant, .were satisfactory. Mr. Graham is to~make recommendations, conduct training, and evaluate all volunteer fire departments computers. The drafts of the fire district maps will be distributed at the end of the meeting to the VFD's. These maps must be returned by November 25, 1995..:with comments if applicable. Dennis Pinho stated that funding has .NOT been requested from any VFD for fire hydrants.. Several VFD Chiefs stated that the problem is getting the hydrants installed, Dr. Sisson will check on this problem. Dr. Sisson recommended that the Fire Commission and the VFD's begin to monitor the agenda for County Commissioner's meetings , especially in regards to the drinking water impact fees, acid sewer issues. Dan Summers mentioned concerns .from Brenda. Hewlett, E-911 Center, on duplicate street names. The Planning Department's Technical Review Committee is allowing existing street names to be used.as sub-division names and also allowing the use of duplicate street names. Motion made and seconded to oppose the Technical Review Committee's decision to allow existing street names to be used as sub-division names and the use of duplicate street names. Motion carried. Chuck Ray and Dennis Pinho expressed appreciation for the opportunity to nerve on the Board of Fire Commission.' Frank Meyer, Castle Hayne VFD, stated that he had the pleasure of attending the National Volunteer Fire Council's seminar on FC Minute§ 11 /15/95 2 . ~~ Leading-Combination Fire Departments into the Next Century presented by .Maryland Fire and Rescue Institute. A seminar on Integrated Fire Services will be presented by the Maryland Fire. . and Rescue Institute, University of Maryland at College Park on. May 18-19,1996 in Raleigh. Mr. Meyer suggested-purchasing.a number of slots iri this seminar early enough to guarantee registration and making it available to the VFD's. The volunteer fire department's would provide their own lodging and meals. Mr. Meyer gave his notebook from this seminar to the Board of Fire Commissioners to be copied 'and distributed. A motion wa5_made to adjourn the meeting at 8:30 p.m. Motion seeorided and carried. The next meeting will be-held on Wednesday, December 13. 1995 at 7:00 p.m. in the Emergency Operations Center, (EOC) located in the Law Enforcement Center at 20 North 4th Street, Wilmington, North Cax-olina. FC Minutes 11/15/95 3 ~. _ ~ _. ,. ALLEN O'NEAL County Manager MARY M.GORNTO Deputy County Manager NEVV HANOVEI~ COUNTY OFFICE OF THE COUNTY MANAGER 320 CHESTNUT STREET, ROOM. S02 WILMINGTON, NORTH CAROLINA 28401-4093 TELEPHONE (919) 341-7184 August 7, 1991 ` Mr. George Rose, Manager Town of Carolina Beach 1121 N. Lake Park Boulevard Carolina Beach, N. C. 28428 C-~eur ~i - Dear Mr'. At a recent meeting of the Board of New Hanover County Commissioners, our Emergency 911 Operations Department informed the Commissioners of problems they are- encountering in the County-wide emergency response system. One of the functions of E-911 is to act as a alearing-house for the naming of streets and roads within the County. According to the Sheriff's Office, very little communication exists between their department and Carolina Beach regarding name changes, annexations, and new streets that are added to the E-911 system. It is of paramount importance that.all jurisdictions inform E-911 of any proposed changes in street names to avoid duplications and similarities being added to the County-wide system. As the County continues to grow, these street name duplications will. only create more problems in the years ahead as our citizens demand better and more efficient delivery of services. Brenda Hewlett in the E-911 Office will be happy to work with whomever you designate in establishing appropriate procedures for the naming or renaming of streets. She can be reached in Captain Hayes' Division at 341-4247. Thank you for your cooperation important matter. .~~ Post-it's Fax Note 7671 Date ~ it of ~ pages To /1 E.~ (/ From ,0 Co./Dept. ' /QL/~NNi~'G c°~ 9/ Phone# -(~ -~ ~ t~ Phone#~~/~_``a,/~y Y 7 5i 7 '"/ Fax# ~ ~/,~ ---(' Fax# Q /` /- Q j/n ~ County Manager Mr. George Rose, Manager August 7, 1991 Page 2 cc: Sheriff McQueen TBrerida~`Hewlett; Sheriff's Department Dexter Hayes, Planning Department Director NEW HANOYER COUNTY OFT'ICE OF THE COUNTY MANAGER 320 CHESTNUT STREET, ROOM 502 WILMINGTON, NORTH CAROLINA 28401-4093 TELEPHONE (919) 341-7184 ALLEN O'NEAL County Manager MARY M.GORNTO Deputy County Manager August 7, 1991 Honorable Eddie Niedens Mayor, Town of Kure Beach P.O. Box 3 Kure Beach, NC 28449 Dear Mayor Niedens: At a recent meeting of the Board of New Hanover County Commissioners, our Emergency 911 Operations Department informed the Commissioners of problems they are encountering in the County-wide emergency response system.. one of the functions of E-911 is to act as a clearing-.house for the naming of streets and roads within the County. According to the Sheriff's Office, very little communication exists between their department and the Town of Kure Beach regarding name changes, annexations, and new streets that are added to the E-911 system. It is of paramount importance that all jurisdictions inform E-911 of any proposed changes in street names to avoid duplications and similarities being added to the County-wide system. As the County continues duplications will only create more our citizens demand better and services.. to grow, these street name problems in the years ahead as more efficient delivery of Brenda Hewlett in the E-911 Office will be happy to work with whomever you designate in establishing appropriate . procedures for the naming or renaming of streets. She can be _ reached in Captain Hayes' Division at 341-4247. Thank you for your cooperation and ass/i~nce in this very important matter. / / S llen O'Neal ounty Manager fly, V AO'N/DH/np Mayor Eddie Niedens =- August 7 , 1991 Page 2 cc: Sheriff McQueen B~enda~~'~Heiale€t~ Sheriff's Department Dexter Hayes, Planning Department Director .~. NEW HANOVER COUNTY INTER-OFFICE ~,..~ ;~;.....\„ ~+. ;~ ,tip ...a:.:`.~. MFM ..ti ,'.\:...ti~.. \~`,•.. , ,•tia;•::;•:;•:;#;;::'•3::~::::;:r:~:;;;::>:.::`''?:'::i::::::,,:.:•.titi,••.,:•;;••:.:,•:.:.,•..,•.\\ ~•.a...,~tit»,•.•. ti. ~,...~ \~ ~ \ ~\ ..vxv: ~. I .a L/ L / a O.~\~:.~.~\......v~ \ b. \\,y.: }.4v: i\'\... ......' ... ... .... .. v4 . ...~..y .. \.. T.. .\ \4. .\' W ..~. T0: Brenda Hewlett; E-911 Capt. L.P. Hayes, Div. Commander FROM: Dexter Hayes, Planning Director DATE: August 8, 1991 RE: Road Name Duplications Thank you for your letter of August 1, 1991, expressing concern and need for additional/specific language in our Ordinances regulating the naming of streets and residential developments. As you know, N.C.G.S. 153A-240 authorizes county governments to name streets. The language of that statute requires that road names not be "deceptively similar" to any other roads in the vicinity. The only local ordinance that refers to street names is found in the County's Subdivision Regulations which prohibit the naming of a road that "duplicates or is phonetically similar" to other roads in the County. In looking at two other urban communities, Guilford and the City of Raleigh, both have similar language in their ordinances prohibiting road name duplicatons. We also asked if other jurisdictions had any serious problems with multiple-word street names that have one word duplications. We found none. However, the City of Raleigh:~~does have a street naming application process that is reviewed by several agencies (See attached). Subjectivity is used to "weed out" phonetic similarities. It is my understanding that street names created over the past several years have not caused any major problems or confusion with E-911, the post office, or any other service-oriented agency. There have,. of course, been problems with older street names that duplicate each other within New Hanover County. Hopefully, we can continue to resolve these as we progress in our addressing work. Our best option may be to strengthen our administrative procedures and to insist on more than a single name per street. This would enable us to select those names from a proposed list that are most acceptable. Concerning specific examples that. are cited in your letter, I would say that any of these names would be acceptable. However, another name such as Lost Pea or Lost Bark should be rejected. Ultimately, it will be up to our discretion during agency review (E-911 and Planning) coupled with the language within our Subdivision Regulations 'to ensure that road names are acceptable to the County. I have included a copy of our renaming petition that could be modified to incorporate the listing requirements that I mentioned. If you have any questions and if you would like to proceed in this fashion, please let•us know. Encl. cc: Dave Weaver from the New Hanover County Panning Department ' 320 Chestnut Street, Room 403, Wilmington, NC 28401 • TO: '~ Southern Bell / Whitaker FROM: ~ SCS / Raif-Snyder . 0 Emergency Services /Summers 0 NCDOT / McDaniel . ~ NC Coastal Management / Barrett 0 -Corps of Engineers /Richter ~ County Schools / Wayne - Environmental Health / Harwell ~~E911 /Hew ~~ Engineering / Kimbrell /Craig ~ Fire Marshall / Rivenbark 0 Environmental Management / Lewis ~ Zoning Enforcement / Hines Avery, P. ~ Burgess; S. DATE: ~ ~ '3 ~ g 0 Preliminary Plan MESSAGE: 0 Final Plat eneral Project Nam / To i ~ . ~v3~~~ t S I ~/~ ~M-~ENh~~N~ /~~2 sv DI /r,I /D/V .,,,. /~,,,~ ,Q ~ ~ /~ ,~. ~ Co ~ d,~j r SPECIAL INSTRUCTIONS: Subdivision Amendments Proposed amendments concerning the duplication of street names and subdivision names Existing: 41-1(9) Subdivision Names - In no case shall the name for a proposed subdivision duplicate or be phonetically similar to existing subdivisions in New Hanover , County. Proposed: 41-1(9) Subdivision Names - In no case shill any part of tl~e name for a proposed subdivision duplicate or be phonetically similar to existing Q ~~ ~ subdivisio yin New Hanover County. All subdivision names shall be P ~.~~,~1' appr vo ed by the County Emergency 911 Center. Existing: 41-1(7) Streets (D) Proposed streets which are obviously in alignment with other existing and named streets shall bear the assigned name of the existing streets. In no case shall the name for proposed streets duplicate or be phonetically similar to existing street names in this or other subdivisions in New Hanover County. Proposed: Add the following sentence: All st-•eet names shall be approved by the County Emergency 911 Center. Presently all street and subdivision names are informally submitted to E-911 for review. However, final approval authority is retained by the Planning Board. These text changes would shift that authority to the E-911 Center. J ~, J ,. i ~ Iv 1 1 i ~~ 1 DEXTERL.HAYES ' Planning D'uector \V~u1a /~ 1/JJ NEW HANOVER COUNTY PLANNING DEPARTMENT 320 CHESTNUT STREET, ROOM 403 WILMINGTON, NORTH CAROLINA 28401-4027 TELEPHONE (910) 341-7165 ' 1v1~ i1ppHi~ JtoVFill~ LCVCIU~}Cl' P.\J. lion -Ar577 . ~Vitn_ ~in~fn~ 1Y(=' ?.RQntS xc. vricuvtuc iv~u~P ~~.~uvcuiiiiiuL Jt~c rlaul T~s~r TVfr_ StoYn_.ll: T~ ~ _ _ ~.~__....t _ o' • nne' t11C Firuuun~ DUllIU'3 TCLLiI11L~ KCV1C~11 " 1I11~b1i111I S'Cy`J-tUll UII IVUVCIl1LX±1' O ly7'? ' Gommittee (TRC) approved the above referenced preliminary site plan for 2U lots pursuant to Section 32-3 of the County's Subdivision Coda. Due to the private nature of the development, the TRC waved several curve radii that did not meet rrunimum NCDOT specifications. However, the committee did require that a slop sign be placed at the entrgnce io the development. The development Hama Greenville Manor was also approved t'y the committee despite recvuimendations by staff and Emergency 911 that the came was a duplication. Finally, ~ lU foot pedestrian easement will be tEquired tmm lot 201eading into the the Shztndy Lane development. As noted on }our site plan, individual wells will be utilized thereby eliminating fire plug inxtallation. However, if yoU chose to contract with Cape Fe<gr UtilitieR or the City of Wilmington, fue plugs will be required. Greenville [vianor wiii be valid as a pmliminary site plan for one year. The plan will automatia~lly expire if a final plat Far all or part of the plan is not rzcordzd within hvel« months. Preliminary extension requests are permitted and handled through the TRC. Please note that it will be your resporrsibility to obtain ether development related permits as applicable, Attending the TRC~ meeting were: Wesley Nixon, TRC Chainnxn, C~harles Ho«~ell, Joyce . Fern;uido and Jim Wvlle, ZRC: member; Cindi Wolf, RLS Brend.-r He~~~lett, E-91 l; members of LLlV 1 lll•.•lluC VH111 tall f VU. . C:C~IltBGt IIe {tt ~4 ~-715 L yD~i ha~~ tnieatiDna rely ing t~ fhe IIeeti_nv Dryn~ir l~mj~t &Q you begin cohgtruction. An approved prel'un.inary site plan ie enclosed for your records. Siucerely, , " Copy fa: Planning Bd. Members. Ann Hines, Zoning (map enclosed) 5 . Q . (~ w, ~ o Wayne Kimbrell, County Engineer Aubrey Rivenbarlc, Fire Marshal '' 2 7 S.A. Burgess / Brenda Hetivlett, E-911 Stet} Plntuier Cindi Wo1E', Hobbs 5tuveyiuS f Scat Bu~i~s, Pl~uuuug Staff (Harp enclosed) .~'.., "Falcon- Cable ~ -. :. '. BRIEF SUMMARY: . ~~ Direct that Falcon, Cable substantiate. the Wire Maintenance Agreement Charge of $1.5,0,. detailing .how estimated time and~costs were determined and an explanation of how the costs were calculated. Give the full amount of time allowed by the FCC to review submitted rate filing.requests, and direct the cable.. operator to supply any pertinent .information to County so-that a comprehensive rate review can be performed iri a timely manner, before. expiration of the review period. .~ . , , _ . ~tECOMMENDED MOTION AND REO_UESTED ACTIONS: Action Audit recommends the following: . " 1 Approve the Order Approving The FCC-1205 Equipment And Installation Cost.Adjustments . and Providing For Clarification F.or The Wire Maintenance:Agreement Charge. , ~ , 2:'.Approve the Order Approving Adjustment In~Basic Service Rates.Based On External Costs .- .FCC-121.0.. ~ :. ~- FUNDING SOURCE:. Federal $: State $: County $: 0.00 -User Fees $: Other $, ~ ~" Money Is In Current Budget• ~ New Appropriation .Request: '~ Budget Amendment Prepared:, r „: ., . . - REVIEWED. B1': LGL: - FIN: ~ ~. B,UD; N/A CGRIFFIN I-iR: N/A AMALLETT ~ ~ . . A ERA D .Approve the Orders as requested by the egal ment and authorize the Chairman. to sign. ~ , ' .. ~. . P{~1~ ~ . : ~ ~ _ A r ~ 6 ~~~U~~ssl~~~~~ 12 9 - _ Rcfcr to Ottice Vision Bulletin Board for.Dispositlo!~ ""1"`~ '~~ ' STATE OF NORTH. CAROLINA '~ COUNTY OF NEW HA.NOVER BEFORE THE COUNTY OF NEW HANOVER 1N THE MATTER OF: _ ) ORDER APPROVING . Review of Basic Cable Service Rates ) , ` ADJUSTMENTS IN BASIC FCC=1210 Updating Maximum ~ ) ' SERVICE RATES BASED Permitted Rates filed by Falcon Cable; ~ ) ON EYTERNAL COSTS New Hanover County, NC-0152 ~ ' ) '. FCC=1210 ,_ BY NEW HANOVER COUNTY: WHEREAS, on March 9, 1995, Falcon Cable filed an,FCC-1210~Updating Maximum Permitted Rates form for Regulated Cable Services with New Hanover County. ,Falcon.. Cable's f ling covers. external costs incurred during the last twoquarters of 1994, but also includes inflationary adjustments for the period of October 1, 1993 through June 30, 1994; - ~ ~ ~' WHEREAS, the FCC permits cable operators to recover inflationary costs incurred during tl~e period of October 1, 1993 through June 30, 1994, between October 1, 1994 through August 31, 1995; WHEREAS, Falcon Cable states that it included commercial, bulk and residential equivalent _subscriber.units in its rate filing:calculations; - .,~ • ~ - :_, ' ,~ WHEREAS, Basic Tier channel count and channel movement information contained within the FCC-1210 was not consistent with'information contained within the operator's:channel line-up card; WHEREAS, on October 4, 1995 the County received a report from its consultants indicating that Falcon, Cable's said filing was in compliance with FCC-procedures; allowing for the adjustment of. ~. basic cable service rates based on externalcost factors; and, _ - , WHEREAS, New Hanover County has authority to regulate basic service rates assessed by ; Falcon Cable, serving franchise NC-0152, County ofNew Hanover. ~,.. 130. ~~ ~~ ~~ ship .M .y iaA4 .• ~ +p -..c *„p{pj. ~•1~/ U A89 .u 4f c1 . ~ ! RJ IT IS~A FINDING: . , . , THAT Falcon Cabe has justified the adjustment, of its basic tier; service rates based on external ~. ~' cost factors: ro rammin costs and inflation. P g g ._ . I.: ~ ..r TT IS THEREFORE ORDERED:. ~ . _'... ., THAT Falcon Cable be directed~by the County to supply detailed programming, cost itecnlzation .and attribution for any. and all subsequent rate request filings; - ... . THAT.Falcon Cable be directed by.the County to supply detailed subscriber information, unbundling.commercial, bulk and residential figures for any and all subsequent rate request filings; and; .' .. .. ' THAT the basic-rate assessed subscribers within New Hanover County, NC-0152, and requested by Falcon Cable, is approved as follows: ~ - -. - ~ Basic: Tier Rate . " $22.92 ISSUED BY ORDER OF NEW HANOVER COUNTY • . ~ ~ .. This the day of ' , 1996. ~ : ~ . ~+ ATTEST: BY: .. .. ~- Clerk Chairman _. .. - seal ` ,. - ` Deliver via Certified U.S.. Ma-1 to: Falcon Cable - .~ - File copy to:. Action Audits '~ ~ ` STATE OF NORTH CAROLINA NEW HANOVER COUNTY r1 BEFORE NEW HANOVER COUNTY IN THE MATTER OF: Review of FCC-1205 Equipment and Installation Rates filed by,Falcon Cable County of New Hanover, NC-0152 , BY THE COUNTY OF NEW HANOVER: ' ') ORDER APPROVING FCC-12D5 EQUIPMENT AND INSTALLATION COST ADJUSTMENTS , AND PROVIDING FOR CLARIFICATION FOR . ~ :;_~. .. THE WIRE "` )MAINTENANCE AGREEMENT CHARGE WHEREAS, on February 24, 1995, Falcon Cable'submitted an FCC-1205 Equipment and ~~ Installation Costs filing for regulated cable services within New Hanover County, NC-0152. This filing covers the rates that can be charged subscribers served by Falcon Cable within New Hanover County fora 12-month .period beginning on the date of enactment. WHEREAS, on November 5., 1995 the~County received a report from its consultants indicating that Falcon Cable's said FCC-1205 filing was in compliance with Federal Communications Commission procedures, allowing for the adjustment of equipment and installation rates based on updated capital and labor cost information; WHEREAS, New Hanover County has authority to regulate equipment and installation rates for basic cable service assessed subscribers within NC-0152, New Hanover County, by Falcon Cable; WIIEREAS, Falcon Cable has elected to use fixed rates in tl~e calculation of its Hourly Service Charge for installation and maintenance of regulated customer equipment; WHEREAS, Falcon Cable has not provided information substantiating how the Wire Maintenance Agreement charge of $1.50 was established; and, WHEREAS, Falcon Cable was assessing subscribers a $45.00 Hourly Service Charge during 1994, but, calculations by consultants hold that the HSC should have been $44.48 (according to ' av 1 ata), $0.52 below the operator's assessed rate. ~ ` J~~ . .~. - ` TT IS A FINDING; • _ -. . That Falcon Cable has justified the Hourly Service Charge of $45..00,..$2.22 for non-addressable converters, and $0.21 for remote controls assessed subscribers in 1.995. IT IS THEREFORE ORDERED: THAT, Hourly Service Charge assessed subscribers within NC-0152, New Hanover County, ., is approved at. $45.00; converters at $2.22, and remote controls at $0.21. THAT, Falcon Cable substantiate-the $45.00 Hourly Service Charge it assessed subscribers in . . 1994, accounting for Annual Customer Equipment`Maintenance and Installation Costs and Total Labor Hours forMaintenance and Installation of Customer Equipment and Services; ~ . . THAT, Falcon Cable provide the County with a detailed statement describing the terms and `conditions of the imposition of the Wire Maintenance Agreement AND a work sheet showing the basis ` used to calculate the monthly cfiarge for its Wire Maintenance Agreement, within 30 days of the effective date•of this Order; j THAT, failure to provide the County with. documentation for the basis for the Wire _ s: ~ Maintenance Agreement .charge within 30 days of'the effective date of this Order~shall result in the immediate suspension of the Wire Maintenance Agreement premium. - . i _ ISSUED BY ORDER•OF THE COUNTY OF NEW HANOVER ' ` - • This the _th day of , 1996.. ATTEST: CHAIRMAN: _ . .~ , ..Clerk .. seal Deliver via Certified U.S. Mail to: ~ Falcon Cable y _ • Extra copy to: Action Audits ~ 133 i ~i REQUEST FOR BOARD .ACTION Meeting Date: 01/16/96 EZegular Item #: 15 Consent Item #: Additional Item #; Department: Legal Department Presenter: Wanda M. Copley Page Count In Agenda Package: 6 Contact: Wanda M. Copley SUBJECT: Time Warner Cable (previously Vision Cable) BRIEF SUMMARY: Order operatorto provide revised data regarding FCC filings for New Hanover County, then submit the revised, filings within 30 days of the February 19 order. to New Hanover County. The FCC ordered these revisions because it found that the operator did not properly calculate the inflation .. adjustment on the FCC-393, and did not classify 8 channels as being subject to regulation. Extend the review period for FCC-1240 Form submittted,by Time Warner from 30 days to 120 days. RECOMMENDED MOTION AND RE(~UESTED ACTIONS• Action Audit recommends the following: 1. Approve the Order Approving The FCC-1205 Equipment And Installation Cost Adjustments. 2. Approve Order Directing Cable Operator To Recalculate Inflation Adjustment In FCC-1210, And Accounting Order within 30 days of-the execution of this order. ' 3.~Approve the Tolling And Accounting Order. k'UNDING SOURCE• Federal S: ~ State $: County S: 0.00 '. ~User'Fecs S: Other S: Vloncy Is In Current Budget: New Appropriation Request:.- [3udget Arnendment Prepared: ~. REVIEWED BY:!^ LGL: ~ FIN: BUD: HR: BOUNTY MANAGER'S COMM NTS AND RECOMM NDATXONS Approve the Orders as .requested by the Legal Department and authorize the Chairman to sign. ~~~ c~l.~~~ ~ ~ ~~ a ~o~~~I~~~S . 13.5 Dade. ~ ~. ~ 6~ ~6 ~~w.- ~~ _ ~ efcr,to_Officc_Vision•13ullctin Board for Disposition 3~ STATE OF NORTH CAROLINA NEW HANOVER COUNTY BEFORE THE COUNTY OF NEW HANOVER IN THE MATTER OF: ) ORDER APPROVING Review of FCC=,1205 Equipment, and ~ ) FCC-1205 EQUIPMENT Installation Rates filed by Vision Cable ~_ ) AND INSTALLATION (Time Warner Cable) for ~, ) COST ADJUSTMENTS New Hanover County, NC-014'0 • ) ~ . BY THE COUNTY OF NEW HANOVER: WHEREAS, on March 31, 1995, Vision Cable of Wilmington submitted an amended FCC- 1205 Equipment and Installation Costs filing for Regulated Cable Services with the County. Tliis filing covers the rates that can be charged subscribers served by Vision Cable within New Hanover County fora 12-month period beginning after the date of implementation. of the rate adjustments; WHEREAS, on November 17, 1995, the County received a report from its consultants ' indicating that Vision Cable's said filing was in compliance with Federal Communications Commission procedures, allowing for the adjustment of equipment and installation rates based upon updated capital and labor cost information; WHEREAS, the County has been granted authority by the FCC.to regulate basic service and equipment and installation rates charged by Vision. Cable of Wilmington (Time Warner Cable) serving franchise NC-0140, County of New Hanover; and, WHEREAS, Time Warner Cable acquired the Vision Cable franchise (NC-0140) iri.1995, assuming all finaricial and regulatory responsibilities associated with the cable television franchise agreement in effect between Vision Cable of Wilmington and New Hanover County at the time of the transfer of control of the cable system. IT IS A FINDING: • THAT, Vision Cable's FCC-1205 Installation and Equipment Cost adjustments for New Hanover County are justified and in compliance with .procedures set out by the FCC. 136 .~~ ~W . ~r . ~~ . ~1 -~ .~ ~.._ w~ „. ~,~r~i~ ~~ IT XS THEREFORE ORDERED: . THAT, Vision Cable's adjusted maximum permitted equipment and installation rates for subscribers served by V+siofl Ceble (Time Warner Cable), NC-0140, within New Hanover County ' are approved as follows: ® . C~i;~i ~i.'!~'Tyl'~•'ti4: S:'3?-G~^,~iu. a!i~'0v~'.s..r~.~ ~.~~item;yw?,~`x -D`rt:~i'S~~ =~ ~'•~~r;:': ?` ::,ter ~1~ 95'FgCC~,X205 Hourly Service Charge $16.90 Installation of Unwired Homes $15.50 Installation of Prewired Homes $14.09 Installation of AdditionalConncctors During Install $5.64 Installation of Additional Connectors with Separate Trip- $8.45 , Delinquent Rcconncct $5.64 Trip Charge $8'.45 Rcmotc Control $0.16 Addressable Converter $1.74 Non-addressable Converter $0.84 Charge for Changing Tiers $1.99 S~ Send original copies via certified mail to: Vision Cable of Wilmington (Time Warner Cable) Send a photo copy to: Robert Sepe, City of Raleigh - - a .. T ~- r= ~ ....:.~ a .. - ., . . __ a ~. ._ _ . 0 ~. ~ _. Q .. ~_ ,.. ..' . jq STATE OF NORTH CAROLINA i . , ~ ~ COUNTY OF NEW HANOVER ~ . BEFORE THE COUNTY OF NEW HANOVER -1 IN THE MATTER OF: ) ORDER DIRECTING * Review of Basic Cable Service Rates ~ ) CABLE OPERATOR.TO . FCC-1210 Updating Maximum ) RECALCULATE . Permitted Rates filed..by Time Warner ) INFLATION ADJUSTMENT ~, Cable,.a/k/a, Vision Cable, ) INFCC-12.10, AND New Hanover County, NC-0140 ) ACCOUNTING ORDER .. _ BY NE`V.IIANOVER COUNTY: . ~VHEREAS, on May 26, 1995, Time Warner Cable filed an FCC-1210 Updating Maximum Permitted Rates form for Regulated Cable Services with New Hanover County. Time Warner Cable's ,.filing covers external costs incurred from January 1, 1995 through Jurie 30, :1995, and also includes iriflationary, adjustments for unclaimed periods; ~ - ~` WHEREAS, Time Warner Cable is a transition rate cable operator serving New. Hanover County, NC-.0.140, whose maximum permitted rates are based on benchmark rates as calculated in the' operator's FCC-1200 filing, dated May I5, 1994; WHEREAS, Time Warner Cable did not follow FCC prescribed procedures - explicated in-the July 25, 1995 Public Notice, the 91h Order on Reconsideration, and in its March 8, 1995 Public Notice; for'calculating allowable inflation adjustments for transition rate operators whose maximum permitted - rates are based on benchmark rates;.. ~ _ ~'VHEREAS, transition rate operators whose maximum permitted rates were based on . ~~ benchmark rate calculations in the FCC-1200;. received-a 3% inflation adjustment for the period of . October 1, 1992 through :September 30, 1993 in FCC-1.200 calculations; . ' WHEREAS, on December 22, 1995 the County received a report from its consultants :indicating that Time Warner Cable's methodology for calculating he inflation adjustment for its FCC- . ~ 1210.dated May 26, 1995, was not consistent with:procedures prescribed by the FCG; , WHEREAS, New Hanover County' fias authority fo regulate basic cable rates and services . >assessed subscribers by Time Vliarn~er Cable, serving franchise NC-0140, New Hanover County. . ~1 ,t~ • TT IS A FINDING: THAT Time Warner Cable did not use the methodology prescribed by the FCC for calculating the allowable inflation adjustment for transition rate operators whose rates are based on their benchmark rates. lJ IT IS THEREFORE ORDERED: Q THAT, Time Warner Cable recalculate the inflation adjustment it took. in its FCC-1210, dated May 26, 1995, using FCC procedures explicated in the July 25, 1995 Public Notice, the 91h Order a on Reconsideration, and the March 8, 1995 Public Notice; THAT, Time Warner Cable provide the recalculated inflation adjustment information, and worksheets with calculations, to the County within 30 days of the execution date of this order; and, THAT, Time Warner Cable maintain a complete accounting and record of al( revenues and a costs associated with the inflation adjustment in its May 26, 1995 FCC-1210 rate filing. ISSUED BY ORDER OF NEW HAN OVER COUNTY .. lJ This the day of , 1996, seal ._ .. ATTEST: B y; .. ~• .,~~ .~ Clerk Chairman .. ... _, .. ~_ ~ __ Deliver via Certified U.S. Mail to: Time Warner Cable File copy to: ~ Robert Sepe, Action Audits . ~~ , . .. 14.0 ~ ~ - - ~ .. . • . - •• ~ - - ~ ~~~~ HI . - . ~ STATE OF NORTH CAROLINA ` f ~ COUNTY OF~NE'9'V SANOVER , - ` BEFORE TH1; C ~ , . OUNTY OF NEW HANOVER IN THE MATTER OF: ~ )~ • ACCOUNTING AND Revrew of FCC-1240 ) • TOLLING ORDER ItOR Updating Maximum Permitted Rates for ) TIME WARNER CABLE'S Regulated Cable Service, by Time. ) ~ FCC-1240 RATE FILING, Warner Cable, for New Hanover ~ - ) EXTENDING REVIEW -. "County, NC=0140 ) .. - PERIOD DEADLINE TO . • ) RIL 29, 1996. .. .. ~. ~~REAS, on January 1, 1996, Timc Warner Cable submitted an FCC-1240 Updating • ` Maadmum-Permitted Rates filing for Regulated Cable Service with Ncw Hanover County, NC-01,40. Time Warner Cable's filing includes estimates for external costs, and costs associated with system upgrades it may. • • incur during the period of January 1, 1996.through December 31, 1996; , ' ~~I~REAS, the Federal Communications Commission has promulgated rate filing ' procedures that allow cable operators to estimate future ea-temal costs, and costs assoo'rated ,vith system upgrades, and.rccover those projected costs utilizing the FCC-1240 filing processsubmitted annually', WI3EREAS, Time Warner Cable's FCC-1240 talc filing has been modified b the cable r operator to rncorporate financial considerations negotiated between. Time Warner Cable and tl c FCC in the Time Warner Social Contract; ~ ` ', . • WHEREAS, the County is coed with the FCC to regulate basic cable service rates-and services within New Hanover County, NC-0140; and the County has been assigned the responsibility of . verifying that all elements of the Social Contract are fulfilled by the cable operator as they pertain to the County, and, •. WHEREAS, the FCC allows sable franchise authorities the ability to toll the timain which to review rate filingssutimittcd by cable operators, extending the period of review from the.initia130 days, to an additiona190 days past the original date of receipt by the franchise authority. -. , IT I$ THEREFORE ORDERED: .THAT the time c ' • p nod rn which New Hanover County has to review Timc Warner Cab(e,s FCC=1240 rate filing is tolled 90 days past the origina130 days allowed by the FCC, extending the total ~' review_period deadline to Apr129, 1996; and, , . •_ ~~L THAT, Time Warner Cable is diredcd to maintain a corn leie and accurate accountin of P g all costs and revenues associated with the aforementioned FCC-1240 filing. . ~. ISSUED BY ORDER OF NI;W HANOVER COUNTY .. ... a This the day of , 1995. _, - ~ , ~ t . ATTEST: BY: .. ~. Clerk Chairman seal ,; Dclivcr via Ce~cd U.S. Mail to: ~ Time Wamcr Cable " File copy to: _ Robert F. Scpc, Action Audits 1 +. ,. . ~ .. .~ •- Y. , .. ', .. _ , r .... 4 - a . ~ ... . {~ .. .. . ~ a -~ . 142 Q t ReCcr to Olfice Vision Bulletin Boazd'for Disposition ~~ t 4 t p ~ o, ~ O ~.. °' '~ E-'+ H O a o+ O~ ~i O ~ TT ~./ r 1~~•( Z o~ d J 1 ~ a~ ~ ~,, H O a U •; 3 3 3 y N a~ ~ a~ m a~ ~ a~ a~ a> a~ C a~ C ~. C C C a~ ~.. ~. a~ c~ ~ m ~ ~; ~ ~~ .~.. C C C L O C O a: 0 0 0 L a~ a~ L C C a~ C ~ ~ ~ ~ fO fS1 ~ O O O ~ y. `O y N N N • N ~ N . N ~D N ° H p 'C-. ID IO ~ ~v..m ~~Ummm~inmin..Uininin..~U ~U~inmUm ~~ c C~ C (9 N d C7 d d ~9 d d N d N d C1 d d 19 d~ d (9 d~ d~ d cD G E E c c c c E c c c c c c c c c c c c c U E _o o ~..oooo~oooUooooU~oUo~oooo to .N C .N .~ •y C •y •~ (p f9 •N •N •N •N ~p •N ~N •N C •N •N •N ~N C • L N f0 N ,L L to V1 •N N L •N to N fp fn N N N ID L N f0 N L N N N N l9 L ~EE~ ~vEEEE~?EEE~•E•E•E•EEc~'~E~c~'~~~EEU V O L O U V 0 0 0 0 .V O O O L O O O O L .V O t O .V O O O O L .V > U U U >> U U U U> U U U U U U U U U> U U U> U U U U U> 0~ _ _ . `. - t0 N ~ O ~ ~ C O Z. •c u. E O d m O L Y a N U > > O d G~y p v coo •E c/~ ~ ~ Q °- C ~ -'c m E E •C v •v~ O W .+ L . y r y d O U (L N O E. m NUs ;:•~ `,.~ ~ v o vlo~f ~F" _N t. a~U ,U c E ~,~. 0 0,~ °c'.?` ~O c ~'= O ~ c E ;` ESQ a`~iV ° c ardfU m O N 0 C ~~ d E N W ~. co O v m ~. N p~~~ Ego ~ ~ E--~ ~E C oC;;>•,,,~ C a E '!~ ~ •~ ?? ~ to 0 E m y ~' ~' y~ a~i o °~ O °~ C c~ H N 'H H •y j O,~>`~> W ~ ~~~ ~; ,u o U o Fes- ~ d o a`~i m y s • v >• .° U Q •E .. ~ ~ U~.ZS~o ~ ~ ~ ~ .. h ~ ,v u. eu ~ a~ ~ c a~ o ~ oC •...~'. c`~ C7 C~~C7 (~ rn `b,.~ !!+ ` ~ ~ > a d ~ •~ v v 3 > ~ ~ 0 3 = c g ~ o•o oOOOO~.R~,E m- om a~ d ~ m`" Q~ a; `m °;•~Utn c c 144 . >. ~ ~ ~~=,_,„c~ c~ c.~ U ~ m .~ E ~ m ~ ~ ~ ~ E Q ~ ~ ~ o ~ o a E ~ ~ c~ .m o ° `" ., c c Q ~• CU as ~ o ~ n w ~ ca m mE>c _ w Vc ~ ~o~~ F-~~_c ~° o, cfl- C o .. ~ -»-'E Q ~vi.~ ~' ~ io v4i E E ~ nai .`D = -~ ~ U ~ ~ Q o ~_ _E ~ ~ L , 0,.,.0., R. .. •C d O 7 O F- m U U U U ~, .,~U:D ~ u.'C7 2 2=_ ~ Y~ Z~ ao, cn fn ~s~ `" NEW H N E A OV R COUNTY WATER AND SEWER DI STRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE . ~ 24 NORTH THIRD STREET, ROOM 301 . WILMINGTON, NC . " ~. - ~ "" JANUARY 16, 1996 9:00 A.M. ITEMS OF BUSINESS ~ PAGE NO. " 1, Approval of Minutes 147 ~~ - ~Qy,,,N o-, Consideration of Sewer Impact Fees .for Hampton Inn and 149 ~~~ . Suites I'ocated aG 1986 Eastwood Road ~ _ AD70URN " ~. ~ . " . . - ~ ~ P - ~ ~ .. " .. _ . ~.~ " .~ ~ - 145. This page intentionally left~blank ~;. - . 146 ~~ REQUEST FOR BOARD ACTION Meeting Date: O1L16/96 D 'Regular Item #: W&S 1 Consent Item #: Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell SUBJECT: Approval of Water and Sewer Minutes BRIEF SUMMARY: Approve the minutes of- December 18, 1995 ~~ January 2, 1996 ~- RECOMMENDED MOTION AND REQUESTED ACTIONS: `. ' Federal 5: State S: County S:_ ,User Fees S: Other $: ~: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• _ - -~: A~~O Q~~~ .~~ ~.~e ~ ~ _~~a c~ ~' Refer to Office Vision Bulletin Board for Disposition 147 { - . This pane intentionally left blank . a. ~, REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: 2 Consent Item #: Additional Item #: Department: Legal Department Presenter: David Barefoot Page Count In Agenda Package: Contact: Wanda M. Copley .__ J U I3J Ii;C: l Sewer Impact Fees for Hampton Inn and Suites located at 1986 Eastwood Road. BRIEF SUMMARY: The Board increased sewer impact fees effective December 19, 1995. The developers for Hampton Inn did not pay the fee prior to the effective date and now must pay $64,581.25 instead of $21,518.75. David Barefoot, attorney for the developers, will be requesting that a refund of the difference be given to the developers. 1 RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recommends that the new fee be charged to the developer. FUNDING SOURCE: Federal S: State S: County S: 0.00 User Fees S: Other S: Money Is In Current Budget:. ~ New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: APP WCOPLEY FIN: BUD: HR: N/A ANIALLETT ~ . COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend the new fee be changed. ~ ~ ~~~~ Q, g ~j . ~~~8_~O ~9 11 ~~~~~d~ ~~~ ~ ~~~~~~~~~~~ 149 Refer to Office Vision Bulletin Board for Disposition ~,-+-~ NEW HANOVER COUNTY f" _ INTER-OFFICE u ~• z:::,A. : ~...~ ...~.. .:........:::..:::::.:... ...:....... ...~:... a~~~+..~~~~~~. x..~.~~~.. /r I i :. ~i'K~.~~:.~~~: ~....~•~vn~~ ~ ~ .~~J.C\\x.~..Yn.'v.~y:~}i>:~~~~n4..,.\~,,......\...;\viii.;:;..~::j~~~~>ntvv:;:;~:~:`~\;::jJt.~;J~~~::.:~!~o:::\.. ..)~a ~>. \5~A\.\>J~i»:l~~.u~n)j' ,i;\u'v~ ...... January 4, 1996 To: New Hanover County Commissione s~ From: Wanda Copley, County Attorney Re: Landfall_'Hotel Group Appeal Attorney David Barefoot is representing the referenced Development Group in their appeal of the staff ruling delivered to them on December 22, 1995. They had requested that they be allowed to pay the lower impact fee which had been in effect prior to December 19, 1995, although their application and payment were not submitted before the change in the ordinance. This request, as t`' you know, was denied by the staff. The impact fee which was quoted to them on November 21, 1995 was $21,518.75. Since this project is~in a location which does not have sewer availability at the present time, the impact fee may not be paid without a letter from the design engineer certifying that the sewer will be complete within 120 days. Landfall Hotel Group was informed that upon submittal of this letter, the application would be complete and the fee could be paid. However, they did not provide the letter and pay the fee before the new fees went into effect on December 19. Thus, their impact fee increased to $64,581.25. . ~.' Attorney Barefoot states that the County had a~duty to ~ ~ ~- notify his client of the pending increase. It is not County policy to personally contact every entity who has received a quote on a fee in such a situation. This would be impractical, if~not impossible. Secondly, the staff had no ability to project the outcome of~the possible increase. It would have been .mere speculation to .attempt to do so. The matter of the proposed increase in impact fees was included as an agenda item, and published in the local newspaper four times: November 1, November 15, November 29, and December 13, 1995. This was sufficient notice for many builders and developers, who came in record numbers to prepay impact fees for pending projects before the increase would take effect. It is unfortunate that this application was not completed before December 19, 1995. However, Staff recommends denial 1 5 ~f a refund to this developer. ,; '~ _ f. .:A.h1 ORDINANCE , _ ~ . .. OF TIRE - _ NEW HANOVER COUNTY ' ~ ~ BOARD OF'COMMISSIONERS- • ` The Board of Commissioners of New Hanover £ounty, North Carolina, hereby.. ' ~; , ~ amends. Chapter 15, Article_II, Section 15-124(d) and Section 15-121(b) of the.New Hanover County . ' Code as follows: ' - . ' Amend Subsection 15-124(d) to read asfollows: , , ' . ' (d) Facility fee: The fee for non-residential units; due at the time of building permit ,` application, shall bee ual to '$3.75 er anon of avera e dail flow q P g g y with a muumum fee of $1,115 pennon-residential unit. The fee for residential units, due at the time of.building permit application; will be equal to $0.675-times the enclosed-square ~' . ~ foota e, heated and unheated not includin the ara g _ g g ge, of the umt as determined by the County Inspections Department, with a minimum fee of $500 and a maximum fee of $1800 per residential unit.. ~ ' .. , The facility fee will be determined as specified.in section I5-121(b), however the . - minimum fee will not apply in the following circumstances: - (1) ~' Nonresidential development or unit obtaining a certificate of occupancy .. where the structure is not.new develo ment. . P - ° ` (2) Nonresidential development or unit' obtaining a building permit with. ari . estimated construction cost of less than two thousand dollars ($2,000.00), - _ ~ where the structure is not new development. ~ • • 3 Buildin e O ~ g .p, rmits for. new development where there-ts no plumbing in the entire` structure: , If plumbing is added later, the facility fee for new ~~ developnient~will apply.- :, ' ~ . ~ Amend subsection 15-121{b) to read as follows: ` (b) Facility fee: All new development and nonresidential development obtaining a ;certificate of occupancy shall pay the facility fee specified in section 15-124, based . ' on average daily flow.. Swimming pools will be exempt from the treatment plant capacity fee. Average daily flow_for. the; purposes of the impact fee shall be determined as follows: • . (1) Residential unit: See IS-124.. ' (2) Nonresidential unit: Flow criteria as 'recommended by the state, division of ' environmental management for sewage system requirements. In the event - - ~~~ '~ . not specified by the state division of environmental management for a particular usage; the flow shall be based on water usage of similar facilities as determined by the District. ' (3) Nonresidential unit (industrial wastewater): Industries that generate industrial .wastewater, have a National 'Pollutant Discharge Elimination System (NPDES) permit, maintain a wastewater treatment facility with capacity sufficient to cover the average daily wastewater flow may be exempted from the facility fee by the Board of County Commissioners based on these and other criteria. This section does not exempt any non-process domestic` wastewater. When the `District's wastewater system becomes available to a nonresidential unit having industrial wastewater, the .,, ~ facility fee shall be paid prior to connection. ,. . .. ~.. - ,? Adopted this the 18th day of December, .1995, to be effective the 19th day of December, 1995. ' " ~• ~ 'NEW HANOVER`COUNTY [SEAL) . ,. ~ . r. ~~. ATTEST: --~ ~ Robert G. Greer, Chairman '' ~ `` ' ~' Board of Commissioners Cl o the.Board .. ~ ~ .~•~ - • ~ ~ -~ . I ~'~ + ~t . t• r ~ •.`' 1( 152 ~ `~ ,M® ' , "~ ' NEW"HANOVER COUNTY • OFFICE OF• THE COUNTY ATTORNEY ". Y " 320 CHESTNUT STREET, ROOM 309 WILMINGTON, NORTH CAROLINA 28401-4095 " TELEPHONE (910) 341-71 S3 • 1V.ANDA M. COPLEY F.4X (910) 341-4170 - CountyAttorney~:.. • • ~ - ~FCE P P IIURPEAU , Assistant County Attomcy ~ ~ , ANDREW W.OLSEN December 22, 1995. " AssistantCountyAttomcy .- Mr. David Barefoot ', " .. Attorney at Law P.O. Box 1,766, " ~ .. • Wilmington, North Carolina 28402" ~ • _ • ' Re: Landfall Hotel Project ~ .'.:. ~ ° ,. . ~ ." ~, Dear Mr. Barefoot: The.County staff has reviewed the request that your client pay the lower sewer impact fees. that ~' were in effect prior to December 19, 1995.,. We must decline to-allow the;reduced payment. Sewer impact-fees cannot be paid when sewer service is not yet available to a given area. This is the situation at the referenced location. A permit can be issued 120 days: prior to the sewer system being ready for service, but it is necessary for the design engineer toprovide a letter certifying that the sewer will be complete within the 120 days.. This has not been done and is not"normally done uniess_ it "is . ~'~ requested by someone wishing to obtain a permit. It is unfortunate .that your project manager or other.. ~ , agents did not have the necessary certification provided the County at the time of building permit • , 'aPPlication. .. Should you wish to appeal the staff ruling, you may request further review by the Board of County Commissioners. ~ _ . _ ', • I . , , ~ Sin erely, " Wanda M. Co le ~ C~~ . P .Y I . "County Attorney ` , ~ I f •WMC/kc ' - cc: Board of Commissioners " County Manager ~ - Inspections Director Finance Director I County "Engineer . I • ,. DAVID C. BAREFOOT ' "'A'TTORNEY AND COUNSELOR AT LAW E1JCS TEMPLE BUII.DPIG 253 NORn~ Faoxr Stx~T Pon O~ Box 1766 wiw~ncron. Noan~.C~o~w 28x02 . - (910) 762-0155 FAX (910) 762.7877 , . -December 27, 1995 1 .~. ,, - Ms. Wanda M. Copley County Attorney, New Hanover County 320 Chestnut Street Wilmington, N. C. 28401 Re: Sewer Impact Fees for Hampton Inn & Suites 1986 Eastwood Road Wilmington, N. C. 28403 Dear Wanda: This into acknowledge.'your letter of'DecerrTber 22, 1995, denying the request of the Developer to pay the sewer impact fees in effect before the recent rate increase on December 19; 1.995. ' ~ ~ - The. developer has made numerous contacts with the.County concerning this project dating back to October 3, 1995. On November. 21,1,995, after discussion of the various fees and expenses that would be involved; the developer's;representatives were given a figure of $21,518.75 for sewer impact fees for the project. After that date several contacts were made with County representatives concerning the review and approval of the project, but n`o notice was received from the County that the fees would be increased. It was not until December 20, 1995, that the Developer received notice that the sewer impact fees had been, increased effective December 19, 1995. Under these circumstances we believe that the County had a duty to notify our client of the huge incre'as`e in 'fees. Therefore, I am requesting that the developer, Landfall Hotel Group, L.L.C., through its representative, Craig Eick, pay the New Hanover County Sewer Cmpact fees currently required in the amount of $64,581.25, under protest, so that.the commencement of construction will not be delayed, and, by copy of this letter, request that the overpayment in the amount of $43,062.50 be refunded by the County. NEW HANOVER COUNTY "INTER-OFFICE .-3MEM0 R~° ~~ ~~~ December 27 1995 NELV F(,xLy~VV~ OpFI~ Ek Cp. TO: Board of Coun.t-y Commissioners FROM: Dave .Weaver,. Assistant County Manager ~~~ RE: Impact fee for Landfall Hotel Project The developer for .the proposed Landfall Hotel Project may appeal, at the January 2 meeting, to the Board the decision. by staff to charge the new sewer impact fee of ,$3.75/gallon-, adopted by the Board on December 18, rather than the..old impact fee of $1.25/gallon. Although the Hotel developer had applied fora building permit before the new impact fee ordinance took effect December 19, the developer has made no attempt to pay any fee and the building permit application was incomplete. (Please see the attached-letter from the County Attorney.) It should be noted that the Board, on December 18, ruled that residential developers, despite having incomplete building permit applications, would be permitted to pay the old impact fee, only because the residential developers actually had paid the old impact fee before December 19. In comparison, the Landfall Hotel developer has not paid any impact fee. Please feel free to contact Wanda Copley, Kemp Burpeau,.Wyatt Blanchard, or myself if you have any questions or comments. DW/nf/707 cc: Allen O'Neal, County Manager Andrew J. Atkinson, Deputy County Manager Wanda Copley, County Attorney Kemp Burpeau, Assistant County Attorney Wyatt E. Blanchard, County Engineer Bruce Shell, Finance Director 156 ~: 1 r ++'A ~ DA Af. COI'LL• 1' CountyAnorncy KEMP P. ItURf£AU Assistant County gnomey Assistant County Aoorncy Mr. David Barefoot Attorney at La+v P.O. Box 1766 Wilmington, North Carolina 2S402 Re: Landfall Hotel Project t t Dear Mr. Barefoot: The Counry staff has revie+ved the request that your client pa~• the lo++'er sever impact Cces that +vere in effect prior to December 19, 199. We must decline to allo++' the reduced pa~~ment. Se++•er impact fzes cannot be paid ++•hen sewer sen•ice is nut vet available to a given area. This is the situation at the referenced location. A .permit can be issued I_0 days prior to the sewer system being ready for sen'ice, but it is necessary for the design engineer to prop ide a letter cenifyin~ that the sewer will be complete ++'ithin the 120 days. This has not been done and is not normally done unless it is requested b+' someone +vishing to obtain a permit. It is unfortunate that your project manager or ocher } agents did not have the necessary certification provided the Counry at the time of building permit application. Should you ++'ish to appeal the staff ruling, you may request further review by the Board of County Commissioners. «'~f C/kc cc: Board of Commissioners County Manager Inspections Director Finance Director County Enainccr i~IE~~V I~A.NO V~ + 1Z CO ~JN~'~ OFFICE Or THE COUNTY ATTORNEY 320 CHESTNUT STREET, ROOM 309 WILMINGTON, NORTH CAROLINA 25401-4095 TL•LEP1/ONE(910) 3e1-J1S3 Deccmhcr 22, 1995 Sin`erely, ~~~. ~ Wanda J+4. Cople Y County Attorney 157 Tlris paa a intentionally left blank . .,, 158 B _ SUt3JEC'1'• New Hanover County and New Hanover County Fire District Collection Reports ; :BRIEF SUMMARY: _ . j~ I~~ Col'lection reports. as of December 31, 199 ~ _ , . • .. o . , •_ • L~=. ~ _ `;RECOMMENDED MOTION AND REQUESTED:iACTIONS• ~ ~ • ;~ • •_Request approval of•these reports. ~ • ~l ,,~ . • • . ; . , - ~ ~ - ~ ~ ' FUNDING SOURCE: Federal S: State S: C S e Fe ~ U $ h ounty : s r es :, Ot er $: , - Money Is [n Current Budget: New Ap~ropriatiori Request: Budget.Amendmcnt Prepared: - ~ REVIEWED BY: ~ a .. . LGL: FIN: EUD: HR: , ~ , _• COUNTY MANA R'S C MME T AND RE MME - DATI N APProve reports. • - .. 4. '"~~ - ` ~ ~ j ; V ~~ J i . q~ §` 0 m/L Vdi / Il ~..G 1r1~41~iJ~4J~'~~~t~~~ I~ .~. ~ ~. Refer to Ofrice Vision Bulleti .. ~ . • n Boazd for Disposition I CONSENT AGErvDA OATc _-------- ITEM N0.______ ".E~~J HANUVe~ COUNTY FIRE DISTRICT TAX COLLECTIO"JS COLLECTIONS THRU 12/31/95 CURREf1T TAX YEAR -.1995 AD VALOREM MOTOR VEHICLE ORIGINAL 'TAX LEVY PER SCROLL b 1~049~165.10 5 65770.50 DISCOVEkItS AOOED 5b~3f32.62 562.66 LESS AE3ATEMENTS L3~857.75- 550.59- - TOTAL TAXcS CHQZGED b 1 ~031~~709.97 ~ 65~7d2.59; LISTItJG PENAIT:ES CHARvED -- 1016.05 -- -- - -- .00 --- --- - TOTAL LEVY S - - - - 1~092~726.02 5 --- --- - 65762.59 COLLECTIOrJS TO DATE - 696440.17- -------- - --- - 51,581.88- -------------- OUTSTANOI;~G `BALANCE b 386~265.65 5 14~200.71 PERCEfITAGE COLLECTED ~ 64.32~~ ~ 78.41~~ flACI'. TAXES PEAL EST1Tl= AfJD PERSO!JaL PROPcP.TY 5 44673.72 CHARr,ES AODEO 2,049. 1y LESS AQaTcr~E;JTS - 573.80- -- -- -- - TOTAL TAXcS OUE _ - S ~ - - - 4b~34£i.ll CULLECTIOrvS TO DATE ~ - 11 591c20- •` OUTSTA"IUII~G RATA"!CE b 34~75b.91 P RCErJTAGE C7LlEC TEJ 25.011 Tr1I.i RcPOiCT IS F:^,K FISCAL YcAR 6EG INr II^tG JULY 1, 1995. ~-~SPECTFULIY SUu•'4ITTE0~ ~; ;, ~, ~~ PATRICIA J. ~?I~YNOR ~ v CUIIECTJR OF EVENUE # C'7M8I`1Lb COLLECTIO:J PERCENTAGE - 65.13°e ,, . 164. C-- ~ ~~F ~, ~p '~ do :~.':~y~y.. '`~r~~• rb ~" ' ~. ~,~ .. ...~-~.~ . CONS~NT.AGFNOA .. O'ATE _-------- ITEM N0•-=---= -~, .. i~~W HANOVEk COUNTY. TAX COLLECTICtlS ay CGLLECTIGNS THRU 12/31/?5 • .~ CI;RR~=nT TaX YEAR - 199? A7 VALORcM MGTGR.'V1_HICLE ~ QRIGItiAL Tnx LEVY PER~SCROL•L E 47~630~320.15 ~ 2.~73Q~810.43 ~ . OISCCVEi:IES ,9UCcC' 2'~282~240.76 18106.16 •LESS aBaT t•tEwTS 61 ,597. 1y= 21 ~ 355.96- I ~ TOTAL T:.XcS CHARGED b 49 X850 ~963~.72 .~ 2 ~ 727 ~ 560.63 If ~ ~! AUVERTISIr~ FEES CHaR.GFD .00 ~ .00 LISTIi~G PE^Jal_TIES CHARGED _ 44~1'~3.31, -_ .00. ' ~ TUTAL L~=VY - b 49~895~06`7.03 $ . 2~.727~560.63: / LULLECTI0;1S TJ CATS 30~478~46,6:14- 2.~054~655.71- - OUTSTn~~;GIr~G BaLat~:CE • ~ • . 6.72~904.92e S 19~415~600.E9 S - PERC~NT:.GE (:~~L~LcCTEO . a 61.09.~~ 75. 33~~ BACK TakE;S ~ ' REAL ESTATE ar.^ PERSGrJAL PRU?~R`TY S 2~4b3~963.A5 CNaRGES AUC1ta 62,205.14 LESS A3aTEME':TS 32~491.7Z- - . TOTAL. TAXcS 7UE ._ ~ 5 2~493~577.27 COLLCCTIOr:S". TO OATS 510207.72-~ - CUTSTA"l7Ii~lG 3ALA~:CE -1 983 459.55- b ' ' PERCEMTAGE C:GLLcCTEJ 20.45°! . = - ~ ~ -. 199 5 ~ FISCaL YTU , ' UFC . : .. - - RUO~; t;C~Ui'A'ICY TnX COLLcC T:ION'S yI' ~ 363.57 `.:1 ~ 285'036. 75 ~- PRIVILEG= LICEhJSE CULLFCTICNS ~ 689.'25 11577.(3$ . :EMS GOLtECTiUyS . .00 ,.. ~. .00 ' -TOTAL MO'!EY ?.RCCESSEO THRU CCLLEC HA~lOVER COUNTY; TIJr~ .EJFFICE FCR NEN CLTY OF ~1ILMF,+GT~rl, ;,'RIGHTSVILLE BEACN~ C,ARJLIN~1 $EACH.:A'NO KURE ' ~~ P,EACFl TG'~UATE -'t46,~509~4'76.73. T T T ; RC L BE ~ ULY 1 1995 ~' INNIrlG , P?:, : H IS FOk SCAL YEAit F ~ . G J ~ ~ ~. t`'PEI:TFIILIY S~JfSMIT~EOt .. , _ ~'~ _,~~'1D"1,~ PATR IC IA J. LR„Yh;G~ ~ ... ~' . CULLECTCR~ OF REVENUE .~ _ . c~,~isird~,G CUILECTIGN PCkCE~JTAGE - 61.82 . ~ ~ ~, : ,~ ~ ~.a ® , ~ ~.,,:. rp~n [~ ~~.<< 16:5_ . - ~ q .~ ~~ ., y ~M#Yy~~ ~ ~ ~ .. l{T+~,ule Cd;:,uraui tYL i v e ~. Federal S: State S:. County S: User Fees $: Otfier S: Money (s In Current Budget:. ~ New Appropriation Request: ' .~'+ Budget Arnendment Prepared: REVIEWED BY: _ ~ ~ f ~' . LGL. FIN: BUD: HR: C LINTY MANA ER' C MENT AND RE MMENDATI ,~'. Recommend approvals of releases as requested by Tax Administrato r ~ r~~,,~~p ,~ ~. ~ ~~~-V RcCcr to Office Vision Bulletin Board for Disposition Consent Agenda January 16, 1996 _ -Page 2 . , _._ _ _ _ .. . _ .. _ . _. _ . The following taxpayer requests a value adjustment on his property because of conditions that have now been brought to our attention (backup available upon request): Coley, Robert F. Barbara B. 8, 200 Grizzel, Earl J. Judith C. 2,700 Request release of the following late-listing penalties as the taxpayers listed on time in another county in error; or they certify they listed during the listing period: Davis, Gregory Lynette 13.70 Dickens, T. Dixon 17.03 Freeman, Wayne 5.77 Gaskill, Milton 165.17 Hardwick, William D. 18.44 Miller, Mark I. 5.91 Wilmington Bonded Warehouse 19.65 Wilson, Barry L. . ~ 13.71 . , Request the following taxpayers be granted the Senior Citizen/Disability Exclusion: (applications and letters explaining late filing available upon request) Brewington, Donald K. Doris H. $15,000 Gilchrist, Ethel Lee 15,000 Norris, Mary L. 1,440 Strickland, Fred 5,090 :sw Copy to: P. Raynor W. Ward P. Susie fir ~~~' ~-,; ;,~~ ~ .. . "~~ 168 ~ ~.. - ~. ~ . . ~: _ .~~_ ..: , '. REQUEST FOR BOARD ACTION ~ ~.. " ` ~ Meeting Date: 01/16/96 . • ' . -~ Regular Item #: .Consent Item#: 4 Additional Ltem #: . Department: Tax `: Presenter: ~ - Page Count.In Agenda Package: 4 Contact: Roland Register • SUBJECT: Appeal of discovered .Value: A. Linwood Brown III P095000374 - - . BRIEF SUMIViAR'Y: ~ , Appellant~purchased 1968 Beachcraft Baron B55 in December,. 1994 for $50,000.. He did not list ' v r de . ,for 199, and was discovered at a value of $79,000. Correct. clue fo mo 1 B55 is $71,000. Early in 1995 maintenance revealed significant engine problems in excess of purchase allowance given, . ~ by seller. Various problems have been verified by local fixed-base air service. Value guide~allows $29;000 for. overhaul of engine. Further information may;be reviewed in the Tax Administrator's. Office. , ~~. ~ . RECOMMENDED MOTION AND REQUESTED ACTIONS: 1) Recommend reduction in value as of 1/1/95 to $42,000 (guide value less overhaul cost estimate.) 1 2 That enalt be u held for failure to`list. P .. Y p . e ~ ~ _ .. 1 - F.UNDiNG SOURCE: ~ • Fe dcral S:. State~8: County S: User. Fees S: - Othcr S: _/ Money Is In Current Budget: , • New Appropriation,Requestc Budget Amendment Prepared: ~( "REVIEWED BY: ~ • 1~, LGL: ~ FIN: EUD: HR: i ~~, .COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~' ,~ I Recommend Tax Adminisfrator's recommendations, be accepted.. .~ w ~ ~ '~ ~~~ ~9 pp+~~kk,~~~~~~'{pp~ ~((~~~ ~ r ~ ~' "~AP.r.~~~D4Y6W8~9tl~ -~~ • ~ ter'/~6:/a~~~ .. Refer to Office Vision Bulletin Board "for~Dispositiorr ~ ,i 7~e ~ac~~~t~es p~ann~n erv~ce S Grou 9 ~ - - - -FAClLI7Y I~VVESThiFMS POE3 3896-F, Wilmington, Norte Carolina 28406-0896, USA 910-313-6950, 313-1305 Fax, Pager 800-443-7243, ID 043598, KEY IN YOUR Pf-IONE+# - ~ - The Source ~or Practical, Cost E~{ective Facility Solutions ~ " Decein~er 27, 1995 ~ - . - . ;~1r. Roland G. Register , New Hanover- County Tax Administration - • " • - 320 Chestnut Street, Room 209 ~ ~ .. ~t7ilmington,'IV'C 28.01=1090 . . 910-3-11-7131 ~ . . ~ ~ ~ , Subject: 1968 Beacjl Baron Tax ;~Ir. Register: I acn in receipt of your letter dated December 22,.1995. The reason for tjie 15 and 3o day response lime reyuiretnents on your notices are understandable ~ut, I am a one man of~ice and am out of state {or 2 - 4 wee}ts at a liiiic. I missed tjie 30 day notice }~ecause I was wor}xing on a project in Montague, Michigan. It is very Bard lu ~ind worjx near jiome. ` Yes, I want to appeal the appraisal on iiiy aircra~t ti'655j. 1'es, I would lie to appear before the board to explain my justification. .'~1r. Register, please advise what I need to do next. Soiiie of my telep~one num~ers are: Wilmington oF~ice 910-313-6950 • ' Wilmington of~ice fax 910-313-1305 , Wilmington jlome 910-313-1303 ` Montague project site ol~ce ' 616-89=1=9051 Charlotte oE~ice 70~-39~-3000 ~;~?~~?~' ~ ~ ~ qlo ~n,~~ .~ .._. ... ~1,~. - Respect~ully, ~, ~ LIEC 1995- c • ^' iiANO DEL OR r`~ ,QTn 919Ti ~. Linwood Brown, III, Owner .. ,` `,.. CC W. T. Ward, Listing Supervisor /`~` ~~ ~~ ' ,. '~'~"" . Raynor, Collecto~ Revenue ~~:~ '~ 1~'b. ~.C ~.._..:.. -rlL~llNGTON - CIiARLOTTB~- ."- ~; MONTREAL TORONTO PARIS , M ;X~`:; R~. o i: ~: `•'` . o { 'a ° ° o o ~ s ~. a 3 :O Z ~' ~ \` y, e d a n n -° e e w a o O ~• ~ 0 . ~ C 00 e u : .~. g :~ a ja , 1 ~ °o °o. $ o o o t~ ._ J Z W. ~_ ~ ~ / r o . . .. 1 ° g , r ~ o ° o~ i F~ "~ i n ~ ljJ o m w o ~ ~ _ ~ O r ' y N ~ ~. °' ~.~.~ F ^ 'N L ./ U U U Or -~ r ~ Q °O g M ~, M i' , C, L! - ~ . ~/ r ~I s ~ ~~ o z a o ~ ,, a a ~ N w ~ 0 ~ ~ O n a n ~ ~ n n is e 7 ~I. z ° .y• ~ ~ Z = o?, g ~~! o I~jj ~ •~ i .~ ~_: ~_} L ~ Oh- ~~ ~'=tl Sd $a _~ ~d od sI o .~~j U ~ .1 ~~ y m y ', o d a n~ 1 n~ o a s ~ A ~ •M ~ A _ ;~:=Z dn^,oeda ery ddn~ ~ i~ _....°da~„an ~d~b.+~ i$ n n n n O o e, P 1°. h; n d NO O d N ~ a a v y o .. i 2' i u • a i o ha ~ ~ ~ n ~~~ °O o ~~ 'r ul o o e e . ~: ~ $ r e N ;al nn {1J u ~~ ~ ° ° :~ °° it ~~ > :: a °° F it o 0 yi :J~o ~ e '° n _ _ ;e is ~~ a eU ^ ~- 0 'dam b " ^ ~' ~ ^ F ~.. O ~ M ~~ Z e' s U r. O L 4 a R 0 c r U I~ ~f ~~ a t g~ ~~ 0 vd ~d. ^ n j + . "~ a, n - g 6 • ^~~ } n ~ N P A n ~y n ~ ~ . +~ .~=1dd j ~h..~ ideo ~.. t'+~ - -~ +•~• od'~oda_a A n ~ h t O ~ ~ n ~ a : - ~ w • b w g o: g^ -- o S 38 U $ a D i s ~~ o 1 = ' ~~ 17~ mm m 0 N N l '1 ~ b ~ O - m 0 R ~ n n . O n •' ~. '- N ~ ~ ~ I I I • 1 1 N ~ r = ~u I i °° I i ~ i G Sw ~ v ~ ~~ 1 { ~ ~ a -- ~ . ~ ~ W 1~ , O a ' .-`_`._ o N W ~ ~~i o~ a Z v ~~~_ ~ ~ d Q V .~ or~ Zw~ <~o '" °z °~ °_~ q0 ~ (~ N ~ Z V ~a~ . Y ~ ~ Q Q m N 2 0 r ./1 3 r N Q ? s v a; 0 aZ_. <. WW Q~~ ~~~ ~ ~+ o .„~• ~v ° W a ~W W~'~ ... Z ~ r W d ~ ~; r N ou v z z ~°i~ o~~ v oc W t P ~ .-. W ~ .E~ `` f' 0 W (3: ^(w o ~ ~ ~ ~ ~ \ ~ ~' ~ I z ww . ~czz J: o3a ~ 1 :~. Sao °' w ::a `~' Y i ~ .~ f ~ ' I ~ p ~ ~ H W ~~czxc~ ~ con o > . 1 (~w~,a~~ ~ Q~w~,. w ~ i ~a ; H OH ~ ~` ' NFOZ.-~ \~"~ ~ ,Qa~w~. O E-~ C4 wox~~ UE~O_:~. i ~ z w '.~ . `~ rQ `-1 W W W 7. , ~-zwa~ ~xwcn w x~x~ F W F W ~xHCr~F' Q F 3 H H O' W z~ ~ w o a 4-+ w w w I a w o h ~ ~r a N w ~ x x F ~ N• ~ w I ,,^^ Q ~ VJ ~a a ~_ U z ~~ , v w z .~, ~ x ~ ~ ca :. H H W i H.'a' ,~ ~ I F ~.: a wo ~7WU,~ Hzz ' [~. C7 H H O O ~ U .r'.. z ~ WQ O H ~Faa ' W O W C]3~ s~ I `~ f I REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: Consent Item #: 5 Additional Item #: Department: County Manager's Office Presenter: Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Resolution relating to the sale of surplus property owned by the City of Wilmington and New Hanover County BRIEF SUMMARY: Parcel Number Ro054-06-032-004.000 at 1407 Church Street for the amount $1,745.00 RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Federal S: State S: County S: User Fecs S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: ~~ LGL: FIN: EUD: HR: .~t COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Adopt resolution. ~t:via ~ r ~~f-fpUYY~~~~~~$ ~~~~: ~;~ ~~~~ ~~~.,. .173 __ _ _ _t • Refer to OtTice Vision Bulletin Board Cor Disposition ,.. , ~~~'~~ a .. ti~ ti Pv ~~ t ~` of 1739 CITY of WILMINGTON North Carolina P.O. BOX .1810 28402 ADMINISTRATIVE SERVICES - TDD (910) 341-787' (910) 341-7830 January 3, 1996 Mr. Allen O'Neal, County Manager , New Hanover County ilJ1 320 Chestnut Street Wilmington, N. C. 28401 Dear Mr. O'Neal: ~ The attached resoluti on relates to the sale of surplus property owned by the City of Wilmington and New Hanover County, more particularly identified as follows: Parcel Number Address Amount of Offer R0054-06-032-004.000 1407 Church Street: $1,745.00 The resolution propos es acceptance of the offer from Arthur E. and Irene Brown for the parcel identified above and in the attachment to the resolution. This property has an ad valorem tax value as of 1989 of ;2,206.00. The offer will be duly advertised for upset bid. Passage of the attach ed resolution is recommended. Respectfully submitted, Steven D. Bridges l` ^~ Purchasing Agent ~I SDB:sws Attachments J - ~ ., 174 , , _... ~ . ._._ .._ ~r ~l e i t 1 1 1 r INTRODUCED BY: Allen O'Neal, County Manager DATE: January 16, 1996 RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL PROPERTY LOCATED AT 1407 CHURCH STREET LEGISLATIVE INTENT/PURPOSE: Thia resolution relates to the proposed sale of surplus property jointly owned by the City of Wilmington and New Hanover County, more particularly identified as follows: Parcel Number Address Amount of Offer Tax Value $2,206.00 054-06-032-004.000 1407 Church Street $1,745.00 Offerer Property Dimensions Arthur E. & Irene Brown 33' x 82.5' 1.405 Church Street . Wilmington, N. C. This property has been offered to Wilmington. Housing Finance and Development, Inc. and Cape Fear Habitat for Humanity. Neither organization could. use the property in their program. The offerers)-has agreed to pay the amount(s) indicated above for the parcel(s) identified. The parcel(s) has been declared surplus by the County Commissioners and not needed for public. purposes. ~' RESOLVED: 1. That'purauant to N.C.G.S. 160A-269, the County Commissioners does hereby propose to accept the offer(s) to purchase identified herein from the offerer(e) as indicated. 2. That New Hanover County reserves the right to reject any and all offers. 3. That New Hanover County will retain any deposit posted by the offerer(e) when: a. The offer is withdrawn after posting the deposit. b. The offerer(e) fail to pay the balance of an approved offer, due in cash, within ten (10) days of receipt of a notice by certified mail of availability of the deed of conveyance. 4. The offerers) shall deposit the sum of~5~ of the total offer immediately following adoption of this resolution. 5. That the Clerk of the Board of Commissioners will publish a notice of the offer(s) as required by N.C.G.S. 160A-269. Adopted at a regular meeting on 19 New Hanover County Board of ATTEST: Commissioners Clerk to the Board Chairman 176 _. J GC'19 ~ ' •.. i/•I :~a~ la as : tJ '` ~ 2 .,.•i; " 09 y az a : ] •• •z •_ `oy'' r, b~ a 2 13 a°• a •I •I x •G r '" I 1~~a s-~S l 8 :--9' ° ea3 "~° .x i1 Z 4 ~. '`- 1 ~ I' • 99 ei ,~ IS lf.~ 08 » lial.l ° L ~ iy :.8. 07 ~: ~I 10 9 ~ •, ~ .. .. i STREET ~ la) ao: 11T I _'~ •, r .IZ _-_.~ea_. - I ... ~ J-- _• . ,~ ~: 26 2 -I _ ~ w II. J lao ___:a: - ~. ~ is-- 10 6 `r •=11~ Iaa 2S 3 t r 13 _. 12 ao ~ 2 _ l as 7 0 3 5 24Lj7r°' 4 _ Z _ 2 1 ~ . _- II - 12 - -_ c~ 4 ~ S r w .4 ----'-- 7 laa --.11-..-: 23 __-3---~ - w n 1 6 _ i 6 22 7 ': a:.9 0 - -' - - 1 61. •o i1 • ~ _ p ao - IO I 12" 10 I ~i 21 a ---b• 13 .6a wy -- 6 j 8 9 5 ~ 7 20 14 ac - 9_0 - oe-a s ~ - ~ > .V ~ 11 " b a0 `~ V ~N9 ~; 18 eO~ll?T•iS ~ ~ 8 9 IO~a° 1- lee. _ STREET a •° •° r~~ar.••a as '17 '•12 ya l3 'n .O • • _ _ II j311' 16 as o _ 3 2._ l"c r - 12• `'~` ANN as ac as as ° 16 a _ I ~ ~3 ~1 ~ 19 • 1a~3 12 as " I 21 20 19 Id 1~ - - .° •a .a I _ y.,I J.4 :~! ~.~1V ,•~~.~_- ~• .~ a ~'r -IS - ° --- 2 e +a S ~ t -r, _._-__ ~ 2 .S~-t'._~QNf •0~~'1 __..2.._- 26 •n 17 H i u, -- 24 M ~ 7a 3 ~n3''~ 13 Z 4 7 __IS--- Z --T-- 1 :r_l_____--•---- „4 '•, FEAR AVE ~. .', 4 .~ ~ ---s--- = 8 `° _r -- _ ~ eo I;~ :o u• 12 - y _ --_~_ 12 ~~. 6 ~ 14 __ ~ I -~_ ~•a i - -2 t"~6i l}_.I41~_1L= Z ~ 9 IOV~ -_- ~ era - -tar~nl 1~ ~ ~- 1• -• _ -~-_-- •~i ~T' :0 S 6 _- --'U~,.11 9 9 Lo It I ~ 2e 10 . .I ;I ai _____-- -a i '4 `Ij6 •6.1 7 1 e `, 9, 9 ~ • ~J STREE7 a 1 1 ' ~ _ nt_! 5..=~:•.t 1n ~ ~ 31 ~ Ixx a+,e a9a "14 2 7 \ ; ;; __~_~~_-~ 2~ NUN I .. ,aa •a .~ as ~ , I IS - ~}_V - - " ~ `__-• - "4 ?3 -aa •i~ IIfIl0l19 ~ ~_ - ~ L .el_ 12 `•3 ` ~~ r •^^IEJ a as 9° Iq -~_ .o va • 10 29 O 1 1 I _-_----_-__-_ ~ rca `.:II 21 ° E -_~9:~- 2 Oo .6` a 33 2' 1 ~ ~ Ixe =~,x.a ':c i a, ~ 20 STREET 3 _ 1 ~ . ___~~- .~Tr '11~T2 t1 1 'o- - - ~9 --' . ~~ ~ ,~_..~- '- ~_--. -'~ .aa ~ ~• as ea ~a ~ 6.r 7 S c •••.••., cc °~ y ~ 2 3 4 }'+~ ' . -' I _ I ii3j IIS1i6 1 ~a ', 'a l:'. ' II ~ ro o e" y .t0i11 (2 14 uy6 I ' STREET :,~iR.' 1 rx-=~- Ise.x ~ -- I M Irs aaL~ ~ NL• _ ~_ - - - _ ~ --'-~--- ~ CHURCH -~ y, ~ ~~ Is ~ 13 12 -'~ ..---- . ~ - n . - - - as a_ ~. ax 17 16 _ _ - ~ _ - -, _, .... -- a•~aoiay '• t6`IS Is 13 I _2..ot~•- -r' - ~-eti~a - m I 6 ~.. , -i - .. ' 9 18 17 I w as y m ~_- ~ _' i ___~ n, 2 N. I 2gt1-I -~'- •-a _ -c ~I ~ 3 ~~ 6 7 8 9 I_0 II ~+ -~ ---- ® sCe • 1 ~ _a;sa_~ --- -+ e~ ~ i rn - lee. z• _~.._ :i: m _2_ ~~~16 T T .wa a 1 _ as ,~__-- ~ ~1---_--- GLENNa " 37a~~sa]• ~ ~3I 12 el - 2 3-•~- `.r• _..___._ Ica ~-7 ca ~aa __~---- `~ aao ___,-.r.} 9-I 9~ as a: ~ 7 a_a r _ _ • ..t' 14:~ :a as 2a1.'E ~. =: I ~. ca_ )a 3 4. 9 10 ae ee _ a` .a 171 ,.1 as a: ca ~ 3 ~4 S » STREET ~ ,• -rt CIS°i6 IB 19 20x21 22 23 ~ I as ~ :; . a9 ~ a" 1' CASTLE •I •.x ec a. Iu a13 2 I , Z..- ~- .S .\ 3 _ • • i 1 •.2 1 _ - n YAP 34•:O ~ ' :•'fS A !CCU Ca +A°CT i0 L°1;~.IrwG %RVri TITI E] ~ ••~•".•.-n ~= ~~:r, ~ ,... .• ~ r r ~ REAL PROPE~ AP.'.,•-~:•' .. `~, :a~..... N I~ cr ~ o:- %~ 1r r-~ ^~~ _~~:_;:~:.iT-; J Y~~'vj ~ 1ti~S'l,t.l~d ~~1:,.'•~ ^:.x~a=:.-:---~' 'II a•. ~ :; ~ e. ~~=•~--;.:~'_'_==r'-T-_'=~ Vc;~V H:1\ODER COIIYTY. `tiOiZ'I'.i Cai.:•OI.IN_i .........~ i~ -. _ _ -.-~-~,;,.--=~ - - 'II ~f.1P. ~LT`.tBER S•1•CF; -- ---- --- - ------------...- - ---- --- 1 f ~ ~ 7~8. . 1 ~t t 1. ,~~~ b REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Zegular Item #: Consent Item #: 6 Additional Item #: department: County Manager's Office Presenter: 'age-Count In Agenda Package: Contact: Allen O'Neal iUBJECT: Resolution relating to the sale of surplus property owned by the City of Wilmington and New Hanover County BRIEF SUMMARY: Parcel Number Ro065-14-001.000, 110 Sunnyvale Drive for the amount of $1,480.00 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: „ 3udget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: C"nTiNTV Mc Ne rFU~c rn1VTMT, NTC ANTI T?Ti !`l1MML'Nil A TTlINC. Adopt Resolution-. ~/~i~~l~®~~~ ~~~ ~~~,-~ y Y ~~y~dr~a~~~90f~I~R~ ~~~~.1! ~ ~,9~e .~G.~"-~ - -_~ Refer to Office Vision Bulletin Board for Disposition 179. • + `Y ~, ~~ .,Y ~~ ~ I~-~t~~ CITY of WILMINGTON . - ~ , North- Carob na ~ 1739 ~ P.~. BMX ~ 81 Q ADMINISTRATIVE SERVICE ~ ~ TDD (910) 341-787 2$42 - ~ (910) 341-7830 - January 3, 1996 - Mr. Allen O'Neal, County Manager New Hanover County 320 Chestnut Street Wilmington, N. C. 28401 Dear Mr. O'Neal: The attached resolution relates to the sale of surplus property owned by New Hanover County, more particularly identified as follows: Parcel Number Address Amount of Offer R0065-14-001-001.000 110 Sunnyvale Drive $1,480.00 The resolution proposes acceptance of the offer from Derwir. and Marlene Hinson for the parcel identified above and in the attachment to the resolution. This property has an ad valorem tax value ae of 1989 of , $1,500.00. The offer will 5e duly advertised for upset bid. Passage of the attached resolution is recommended. Respectfully submitted, ~~ Steven D. Bridges h""~ Purchasing Agent SDB:sws Attachments 180: ,~ ~~, '_ .. a } INTRODUCED BY: .Allen O'Neal, County Manager :" : - DATE: January 16, 1996 Y ' RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL. ,.. i. ` •.-; PROPERTY LOCATED AT 110 SUNNYVALE DRIVE '~~~ LEGISLATIVE INTENT/PURPOSE: ~ This•`resolution relates to the proposed sale of surplus property "~~ owned. by. New Hanover County, more particularly identified as follows: • Parcel Number Address Amount of Offer Tax .Value ~: 065-14-00:1-.001.000 -110. Sunnyvale Drive X1,480.00 X1,500.00 • Offerer Property Dimensions - Derwin and Marlene.Hinson 152.8 x 74.6 x-132 ~ ~ •. ~~ . s . _ 1.08 Sunnyvale Drive • - Wilmington, N. C. 28412 • "~~ • ~ The.offerer(s) has agreed to. pay the amount{s) indicated above for the - parcel(s), identified. • ~', ~ The parcel'.(s) has been declared surplus by the 'County. Commissioners -and not- needed..for public purposes. ~ . RESOLVED"; ~• , 1. That pursu'ant•to N. C.G. S.•160A=269, the County Commissioners does hereby propose to accept the offer{sj,to purchase identified herein from the offerers) as indicated. ` F, ,. ~. -2: That New Hanover County reserves the right to, reject any and all offers. . '~ • .. . - 3. That"New Hanover County will retain any deposit posted by the offerers) ` . when ~~ - =a. The offer is withdrawn..after"posting the deposit. ' b. .:The offerers) fail to pay the balance;of an~approved offer, due in " - cash,. within ten (10) days of receipt of a notice by certified mail of • ~ availability of the .deed of conveyance. .. 4. `The offerers) sfiall deposit the .sum of•5$.of the total- offer immediately • following adoption. of this resolution: ~~, 5. That the Clerk of the Board of commissioners will publis2i a notice of the - offer(s) ae required by N.:C.G.S. 160A-269. • - ,' `~~ Adopted at a regular - - .' ~ meeting on ,- 19 .., .. .. • _ ~ New Hanover .county Board of ~ ~, .ATTEST: - Commissioners - _~ 181 • Clerk. to the Board Chairman . - ~ i .. .. to ;~ i ~, /„ 2 2 r./ J Sj ~ :;. * .:/ ; 0 ~ ,. 01 0 4 . 3 ~ _~ \02 SEE I' 4 0 d Ci ~\ O~~~F. r'J 1 2 ~ ~ 6~ 3 a n , • •A o0: \~ 4 ,~~• ~~a 5 a . -• . ~, ~ •~ ~ v .,, •r 6 ~ ~ T ° o I ~ 4 .. ~ `'6 , r J ~ rn (; Q G 6 N t ~~° J tat a .. ,~. N, a .t- .•q ~ ~p ~ ° . E ., m a IT W e \a `~4 ~ N °' ° ~} 12 `o SvN ~t° P~JF' J ~ ~ e I SOUTHGATE ~ °o a ~ 2 ,.., 'r A• a s~ ~ ~~ N +a :3 4` zo'~ II ~`S~P °o., 6J 6 J `.^/ , "S :.:./ 0 4! a 25C i/ w.s7,ooo 4r oo is °s -' ~I J.; 10 `~ 10 a~ - afr. ~nc.~ /~/ 37 ° .c~-?~ c>° S,O ~'. 26 •°•- 21 20 ' 0 19 o ~ ~o ,.o• .:• ~~1 ~JV ~` ~~ n.. - 45 1~ .~~'•~• 2T w., y µr C ? f~,. 44 ~~ 13 ~ q `t • to r , • i' 29 s a ~~ ~` ~ ~ M Vice i ~ TT ssr IT y LL IS ' rs ,.. .a ..~38 y .Tbp6 ~ 30 ~ ~~~ ~ F I I- :,° 4o~,t/•• ~~ I ~~s! 0 46_,rg ~° °i ...~ !, ~ 9s,~ nv t" . 61 „r 1 a t •ur '' 1~ a,... yC r~ I o~~ ~+ o ('j • J 1 ~ 7 ~?5 , ~ °~.I ` • , I .,,,57 ~ n., ~ 9~ 31 ~ s. a~ s ° J ~' `o` $ ' C~, f ~, .,.. ~ I 'r~~J ` ,T r ^.,56 ~ -J nr rra. ~ 3J~ ~ y 50 ~ 32 ~~' 2 ~~ 16.1 r 33 ~' ~. v° ur rJO °° .ZC ~ 0 "" ' I.M Ac. •r. • :,I u3~ . . i[E °a eJ p° . ~ 51.00-0l-02 5 4 0 4 `;3„ °•w stt •,^ RO'<O v° • ~ po o /n wa .,r O GO T 10 , 1 9 •,R8 1. ~! ~. M4? d3 -19 nISw,JOp -`e `.~~•`~`S ~vGC' '.O •':~~~•~. SCR•Ow! - TITL CS i -='= REAL PROPERTY J1AP ~ >~~ •'=---~'°• ' ~ ~ ,j .. ~ -- .- = . ----_ - -' `: ~V I•I~1N.Oi7EI2 GOL~NT~: I~ORTd CAI:OL?NA '~. REQUEST. FOR BOARD ACTION .4~~ ~ Meeting Date: 01/16/96 t ', 1 1. 1 1. 1 1 1 1 E~egular Item #: ~ Consent Item #: 7 Additional Item #: Department: New Hanover Transportation Presenter: Patricia A. Melvin Page. Count In Agenda Package: Contact: Patricia A. Melvin JUl3JL' 1, l' Request Approval of Section 18 Human Services Transportation Grant Application , . , BRIEF SUMMARY: Request Board of County Commissioners approval of application for Section 18 grant funding for FY 1.996-97. The application, totaling $124,127 represents a request for $54,027 in program administration funds. and $70,100 for the purchase. of rivo(2) vans as recommended by the Transportation Development Plan, adopted by the Board ofCounty Commissioners on January 3 1995. Distribution of funding among governmental entities will be as follows: $86,888 in federal funds,. $22,124 in state funds, and $15,114 in local matching funds. Local matching funds will be requested in the 96-97 fiscal year New Hanover Transportation Services Budget. RECOMMENDED MOTION AND REQUESTED ACTIONS• Approval of Application for Section 18 Funding for FY 1996-97. (Dollars listed under Funding source below are 96-97 amounts.) FUNDING SOURCE: Federal S: 86,888. State S: 22,124 County S: IS,I I4 User Fees S: ~ ,Other S: Vioney Is In Current-Budget: New Appropriation Request: 3udget Amendment Prepared: . REVIEWED BY: LGL: FIN: BUD: APP CGRIFFIN HR: N/A AMALLETT Approve application filing as ~" ` M ~~~~ ~~c~~~u~~~~flo~~~ ~ g 3 Refer to Office Vision Bulletin Board foi Disposition FY96-97 ' APPENDIX A • RESOLUTION Applicant Seeking Permission To Apply For Section 18 Funding, ;~ Enter Into Agreement With The North Carolina Department of Transportation • And To Provide The Necessary Assurances: ~ _ • . A motion was made b (Board Afe»,Ger's N»rnr) Y and seconded by (L3oard Men,ber's,~'alnr) ~' for the adoption of the following resolution, and upon being put to a vote was duly adopted. ~NHEREAS, the North Carolina Department of Transportation has received a grant from the US }~ Department of Transportation authorized by Section 18 of the Federal Transit Act of 1991, as IJ amended, to provide assistance for rural public transportation projects; and. . WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Goveinor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the • agency responsible for administering funds received through Section 18 of the Federal Transit.Act of 1991; and WHEREAS, (.4pplicau'sNa»,r) _ New Hanover C'c~unt-~ hereby assures and certifies that it will comply cvith the Federal Statutes, regulations, executive orders, the Special Section 13 (c) Warranty, and all administrative requirements which relate to the applications made to and grants received from the Federal Transit, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the (A« rhorizrrl o(/;cir,l's title)' Of(1~'rrn,cofLocnfGurrrninslJoarA) NE'_w Hanover C`nrtnt-~ Rnarrl of r~mm~gg~~~~~.~ is hereby authorized to submrt a grant applrcation for funding under Section 18 of the federal Transit Act of 1991, make tl~e necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. [ (Crrtifyingo~ciars,va»rc)' __ Robert G ,r ar _(rt/q~ha i rman ~ r,n, ,,nt-Y.,_ c-r,mm; ~~; „Hers ~'do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the(Nan,eo(LocalGorrn,i„gl3oarrl)_ New Hanover o rn v Board cif ('ommi ~c;.,.,o,-~ duly held on the 1 6 day of Jan.. ,.19.96.•. -• _ Sisvran,rc o~Crrti~ying D~cinl ~~ Namr o jLocal Gorrnring, Boarrl Subscribed and sworn to ripe (rlarc') ~'~'o(ary prrGlic • ' '1". 1 t Sral i Arldress My~h~Mi'~sion expires (Aare) ~,' " .< _~. ',Vote that the o j~cia! autlrorizrrl to submit the grant application, crrti fyiny o/Trial, n»A notary p«Glic shordrt Gr three (3) srpararr inrtivldnals. PROJECT DESCRIPTION: The New Hanover Transportation Services system began in September 1990. Its primary goal is to enhance acess to health care, nutrition, employment, education, shopping, and public services in general, via the provision of coordinated transportation services. These services are provided via human service agencies and/or riders. Our current Transportation Development Plan was adopted January 3, 1995. Services are still. provided by Mayflower/Laidlaw, our private operator (previously CTS/Mayflower). Our per mile cost is still $.95. Our TDP outlined the following activities for year one: 1) Develop a position description for transportation program coordinator and hire a coordinator. We are coordinating with our Human Resources Department to develop the same. In the interim, we have determined that some of the needs identified may be addressed utilizing fhe fransportation coordinator from the Dept. Of Aging as our transportation coordinator. The responsibilities of that position would be expanded to include field monitoring/performance evalution of the services provided. A clerical specialist has been hired to free up time for the transportation coordinator to begin addressing such needs. 2) Continue outreach efforts with human service agencies. We set a goal to bring in three (3) new agencies per year. We have met with and/or spoken personally with representatives from the=Child Development Center, United Cerebral Palsy Developmental Center of Wilmington, Cornelia Nixon Davis Nursing Home, and Hillhaven Convalescent and Rehabilitation Center. Each of these entities expressed an interest in purchasing services, but so far have not done so. 3) Implement a reporting program for non-participating agencies in order to obtain accurate operating and financial data on their transportation services. We have prepared an annual survey which is forwarded to area agencies along with an invitation to participate in the system. (Copies atfached) 4) Work with Mayflower/Laidlaw Contract Services, Inc. to establish an operating performance evaluation process that tracks and compares (quarterly) key operating and financial---->data, and field monitoring program. 186. ~ 0 0 i ii i. We have begun the~field monitoring process and are currently receiving operating and financial data from Mayflower/Laidlaw. In addition, our budget auditor will be working with us during the upcoming budget. process to identify a performance evaluation process consistent with the system needs for data. The drawback in the process is being able to track similar data for volunteers and taxis. 5) Devlop and distribute a "ride guide" that describes how to use. NHTS and clearly identifies it as a general public service. We have been working with NCDOT staff to develop a ride guide for the general public service. In the interim we have continued to distribute the attached brochures for human service transportation and general public service. (Copies Atfached) The general public service is also advertised on radio (12O spots per month) and in print media. 6) Establish a fare policy for general public riders. We have established a fare of $2 per trip for general public riders in the general public service area. 7) Develop strategies for promoting use of the service during slow periods. We have been successful in substantially increasing utilization of services during slow periods, even prior to development of strategies. 8) Develop a service plan to 'provide service to rural portions of the county. The general public brochures cover services to the rural portion of the county. Services to outlying beach communities are provided via upon request. Additionally, a new taxi service, "The Loop" is now providing service to and from Wrightsville Beach, with payments by private businesses and/or riders. This service is primarily provided during the evening hours, and began as an effort to discourage people from driving while impaired. 1 J J 9) Apply for two new vehicles to expand the system to more effectively, meet the needs of additonal human services agencies. We will be applying for two expansion vehicles this. year. 10) ~ Revise MTAP/EDTAP distribution process, to solicit applications from human service agencies and distribute funding based on need. 2 187 D We~are currently planning for such distribution during FY 1996-97. •' ~. ~~. 11) Report from Mayflower/Laidlaw Contract-Services, Inc. to be presented to and reviewed by the Board at'monthly meetings. - - a This activity is accomplished at each Board meeting. a 12) Develop a Request for Proposals (RFP) to solicit private sector transportation providers after June 30, 1995 and/or renegotiate the contract with Mayflower/Laidlaw to provide services 2 - 3 months priorto that date. ~. . We renegotiated~our contract with "Mayflower/Laidlaw for services through June 30, 1996. We were advised by our NCDOT planning consultant that we did'not necessarily have to issue an RFP if no other such providers were available. Guidance will besought as~to`whetheror not'this still holds true with the establishment of "The Loop". 13) Year Two FY 1995-96 was to be a continuation of the activities of Year One; with the following exception. .,t . - Re-evaluate the concept of merging with WTA or providing the transit authori#y's ADA paratransit service. This issue was fully addressed during discussions of consolidation of City of U Wilrriington and New Hanover-County governments. In-November 1995, area voters voted not to consolidate the two governments. Since that time, the managers of the City of Wilmington and New Hanvoer County have been ~.J discussing the possibilty of functional consolidation of various departments. Those discussions are ongoing. a II. All participating human service agencies~coordinafe as much as is_possible. Non- a participating`agencies have~indicated that the cost of providing the service°is prohibitive. Many agency clients live within the city limits (Wilmington) and•:are able to obtain transportation services via Wilmington TransitAuthority, at a lesser a rate. Our efforts to include more human services agencies are ongoing. -. ~~ ~~ III. The productivity of New Hanover County's system has increased. During FY 1994-95 our vans travelled an average of 14,500 miles per month, with 3,500 average trips per month. ~ Currently we are experiencing a~53% increase in average miles travelled per'month (22,238); and~~a 137.% increase in'the average number of trips per month (8,288). This increase is directly attributable to changes 18U.R,` 3 1 1 1 1 e e i e t s s t u in Medicaid transportation regulations to provide services.to SSI recipients. IV. The system's cost-effectiveness is as follows: Based on the current level ofservice, we are spending an average of $26,742 per month to provide services. That figure represents an average expenditure of $3.23 per trip. V. The average age of our current fleet is 2-3 years. VI. We anticipate that increases in agency participation will result in a need fo expand rolling stock and drivers. This issue was addressed at a.recent meeting with Mayflowerll_aidlaw representatives. We have received three new vehicles. ,Mayflower/Laidlaw has hired additional drivers to meet current increases in service needs., and we are still in need of more of both. 4 1~9 Q W •• m ~ D J V 4--- O w •• Q Z ~-- Z Z ~ o 0 ~~ Q . r~1 ti .~ e r O .~ ti 0 0 w ~ C .r C ~. •~ E ~ O a/ _ L ~ O C ro "'. u d0 O ro O - v .~ y ` ,,, c a. ,~ a, r E °c C ro v , _ ~ o. 3 o n. a, Y- R7 = ~"1 ~.. r ` ~ O a ° ~ W ° ~ o .°c , o- o c ~ o b W d' ~ L c ,a+ ~ ,> ;c ~G. ~ V ~ 4 ~ p = ~ ~ v W a v o ~ __ v a, ,tea ~~.- ~~ ~o 0.~ b ~ E ~ 0.0 ~ ~ b v L1J c~ c c~ c 'C c~ DG .-. - ~ ~ , N M• "S . i _ ~ ~ ~ e = = V v c • 3 • ~ :3 ' p, b _ d . ~ fJ . d Z b4. .. E . ., ~ ` ~ _, .~ .. C d ` O ro 6 J 6J ~ d C • C . d ro ~ ..~. C O n' ~ Q. 7 r d _ ' L d v ro C V `p c ~ 'D v O ~ v `D ` d ~ ~ ` roo ro -Y ro O _ ~ v O ai L p 'C ~ O N .. ~ O ~ ~ e, c ~ ~ ~i . a ~ c O N c c a, o ~+ E c ~ a. ~ ~ ... °_' w v c an ro ° a, ro ~ ro ~ `o ° c ro ' o ~, .. ao •- te ~° c a , ~ a, ~ ro a, O L 3 ai d a ' o a- rv a ro o a- o 0 a- .". Q v 0 -¢ v .-~ N M Q l!1 ~--~ d , V N N 6I .~ d • 6.. ~ C a+ 't7 ro r ro v O ° C ~~p•, O ' Z o E o' E `o c v~ ~ ~ c b y~ S p ~.~~,~~d ~. ELF a ' +~ c o ro~ a ao oa'~ ~ ca ~ R' ~ d °A ~ LLJ •. ~. ^ \V c a~ ~, oo =, c Z O ~ C ~ ro ro ~'".c c c E c ~ Z .° ... E ~ .o `o °' Boa'- ¢ d n ~ ~~ ~ ~... C Z .V C ~ Z ~~ •C _ ~ ~ Z ~ N ~ _ ~ C G ~ ^ I ~ ~.N y uu . d V • . ~ ~ C C H o Z ~ _ ro 0 o ~ v •n N ~~ C f-- _ a •~ ~. 4J d' ~. Y ro ~'° > ° ~ ~ . ~ L' ` .:~ C 7 ° .v ~ v ~ 3 ~ o r ~ = y °~ ~.V E 3 ~ o c ~' •- u Z .C r`... ro N ~ - ~ N N .; ~ ~ Y y O O ~ O~ E° - ~- d C .... a~i - ~ ~f _ . •- ; ~ ~ n, ti ~ °' o f. Z• .,, . t, V off. o '~ ~ m v ~ ~ ~ > v :;'c tA:i a, t a, ~ °, ro °- v s 1° ~.. ,.. ~ ~ a, ~ a. c O a, ~ ~ a o i. 'v ~ ~. ° ~ L° °° ` '.E c o C.. c c ~- •--• ° . V1 ~p " ... .......:. • • /\~ ii , '' V w '~ C b O ro C 0 a c u 0 O b4 C d~ ~~ ~ 61 `'N r ~ C d •ro V C C 'ro c u •d ra ~ a. ~> o. °~' 0 E 0 d C V T7 L C ai ro Y ai ~ o -- E . `-= ro o ~- z ~ ~^ M Q ~• W _S Z 0 J V d W ..: ac a 0 0 w O d c •O d C ~V O-0 w C .~ oro H N QJ o ~ v'~ O v/ • • O ~~ b L.7 ..~ o Q W W ~ Q W Q ~D O O ~: ~ ~ d _ r ~ 5..~ ~ d ro ec_, ~ c ~ ' o. .., ro o ~ E v ~ c r ro ~ u v a~ C .~ ~. ~ ~ ~ ~ 3 0 c ' ~ a. i .c a ai y ~~~ L ~• Z E as a d d C _ d C G O p~ C ai • d vo~ °v ~ c,=d eo ~ f: . . L 6J ' J ~ ~~ ~~ ~~ ~.n ~o ~ ~ • co ~ ~ G ~ ~ L '~ ^ ~ ~ , v ~ Q ~ ~ U , ~ .~: G .a c ~ U •~ 4~ v . .U Q . Q p ,y y ~ o ~ H ~ ~ •~. _ z ~" ~•' ... O r~`~ ~ ~ v Ci ~ rh r` r\ > v _ ~ v v z v z z e 0 c 3 0 c b V d 3 E 3 0 ~_ ~.,~: 1- : ~':^'; y ~1 .Z: v O :::; ~,: ~ n.._ } ~. • T v :O ;.~d+~. ` .r :-~, as 4;::~~':: ~ z ':+~ v'; .~i~ ~~// .(.L.;;>; n.i E;: C d C o eD d a- : c:~~: , ..: . d, ~:~ ~ ~ a V z ~ C ~ ~ ~ :!S> ( . i F-;' ~. ~~1 _ O I v1 O O pip F-- CC N "'fit a. ~ ~... V V1 = Vf ~ Z _ >-- ~ b0 ~ m O ~ ~ •c E Z 1--~ w .C ~- l1J Q o ~ ~ rya. O z ~ ~ ~ .._. = y U w O Z ~ Z Z ~ ~ ~ J Fw-- 1--• ~ •¢ Z F- fn ~. OV /- CL. t=if F- 0 7 v ~- ~ 'O 3 61 3 • c ~ O ~ 7 ~ a o v ~ ~ O Z ~ ~ ~ O ~ Z o 4 O O :z c - p_ ~ C O • O z G a, c N > o_ W S d ~ O f7 v ~ d ~ C O 7~ CO C > N C ,- y c ~• O O • 'p '~ 6J Y • V ~ C ~ ~! .~.. y r f6 Oq ~ ~ •p ~ ~" d d ~ ~ •C fq E v d ~ n. L~ > y C ~ O N ~. O •O ~" C ~-+ C • ~~ N C N O M O 61 E ~ ~- p~ L O~ O ~.. O• O ~ N O d s i 3~ o a o a c~ s m a. ,,. PV M Q' Vl 1"~ QO P - Executive Director Town:of Carolina Beach Parks ~;~ Recreation Dept: 207 Canal Drive Carolina Beach, NG 28428 Executive Director YWCA ~ ~ - 2815South College Road :. Wilmington, NC 28412 Executive Director ~.. Vocational Rehabilitation Center 709 Market Street ~ ' Wilmington, NC 28401 Dr. Constantini, Executive Director Southeastern Center for MH/DD/SA Services 2023.South 17th Street Wilmington, NC 28403 Smart Start. Partnerships for Children c/o M'r. Royce Angel ~., 609 Bradley Creek Point Road Wilmington, NC 28403 ' Executive Director ; Big; Buddy.Prograrrm 4014 ShipyardBoulevard Wilmington, NC 28403 Executive Director Child Development Center 6743 Amsterdam Way Wilmington, NC 28405 Executive Director . United Cerebral Palsy Developmental Center 500 Military Cutoff Road _ Wilmington, NC 28403 Executive Director YMCA ~~ " , 2710 Market Street Wilmington,:NC 28403 Executive Director KEYS to Industrial Training & Services, lnc. 1214 Kidder Street Wilmington, NC 28401 Executive Director Hearing Services for the Oeaf and Hard of Hearing 201 North Front Street , Wilmington, NC 28401 .Executive Director Headstart, Inc. 507 North Sixth Street Wilmington, NC 28401 Executive Director TASC 721 Market Street Wilmington, NC 28401: Executive Director ~~ Child Abuse Prevention Center '' 206 North Fourth Street Wilmington, NC 28401 Executive Director Town of Wrightsville Beach _ Parks & Recreation Dept. a :1 Bob Sawyer Drive ; : Wrightsville Beach, NC 28480 ..Executive Director TEACCH. Center '1516 Market Street Wilmington, NC 28401 Mr. Steve Bundy- a Executive Director .:~ . Developmental Evaluation Center 1501 Dock Street Wilmington, NC 28401-4936 Executive Director a Preschool for the Hearing Impaired 125 South 3rd Street Wilmington, NC 28401 . Executive Director Brigade Boys' .Club 2759 Vance Street Wilmington, NC 28412 E u ive xec t Director Cape Fear Domestic Violence Shelter P.ao. Box 1555 ' ..Wilmington, NC 28402' Executive Director a '~ Child Advocacy.Commission 2 North Front Street Wilmington, NC 28401 J l e e ~~ f i '; ` ~I 'I 1 ~I L1 NEW HANOVER COUNTY OFFICE OF THE COUNTY MANAGER 320 CHESTNUT STREET, ROOM 502 t'VII.I~~iGTON, NORTH CAROLINA 28401-4093 TELEPHOA'E (910) 34l-7184 F.4.~' (910) 341-4027 December 23, 1995 Smart Start Partnerships for Children c/o Mr. Royce Angel 609 Bradley Creek Point Rd. Wilmington, NC 28403 Dear Mr. Angel: ~~ ~,'1 f~(., ~ ALLEN O'NEAL County Manager ANDREW J. ATKINSON CPA Deputy County Manager DAVID F. WEAVER Assistant County Manager 414 Chestnut Street, Room 101 Telephone (910)341-7.139 Fax (910) 341-4035 New Hanover Transportation Services wishes to take this opportunity to extend to your agency an opportunity to~participate in New Hanover County's coordinated human service transportation system and attend a public hearing on our application for funding for fiscal year 1996-97. The enclosed "Invitation" brochure explains how the system works. We have scheduled the public hearing for January 9, 1995 at 1:00 p.m. at the Department of Aging. It would be our pleasure to have you or your designee attend the hearing and provide input on behalf of Smart Start. Additionally, included in the attached brochure is a Transportation Survey, which we request that you complete and return to us by January 8, 1995. The completed surveys will be included in our application for funding. You may fax the information to us at (910)341-4027. -Any additional information you require concerning the service is available to you by calling me at (910)341-7415. Please do not hesitate to contact me concerning New Hanover Transportation Services. Sincerely, Patricia A. Melvin Assistant to the County Manager 193 u -~.a~-a~°i~co o v°i3~aciNN~~ ~ °..caci~~ ~c~'u.~Ec _c~ 3ca~ t~ ~ ~ ~ ~~ 'c c o ~ a '°t a~ c°> ~ L c c. N ~ m N c E ocz ~ n..°-c `~ - - _ - ~.a~ ... n- .~ m ~ ~ ._ c N cu L c ~ a~ ° ~ c a p ~C 'd L C Ll. _ ~. C L p ~ .~ c~ ~ "O C O O ~ U .N:.C O- p F- ~ U C 'U C N _ .~` (n •N O~ O O U> O •C N U S (~ ` c~ V U O to O ~ 'U L E . - ~ ~ cn .C O '" cC •j, "a •~ ~ = O ~ 'U ~ p Y O E N L ~ ~ N O ... U ~ O E c - -- o ~ a~ i~ ~ m ~ o ?~ m ~ > .oc c cu >, .c a~i y •~ ~ v ~ '~ ~ c ~ ~ :~ '.~ ~ c ;•E -° E ~ - m ~ a~ L ~ iu a .~°c 3 .° ~ ~ ~. c ~ 3 _ c ~. ~ O .o o ._ '~ m a~ ~ ~ E ~° ~. - a~ c c c o m c `~ 3 .c ~' v c ~ ` -L a~ '`- ~' cu 3 E' ~ 3 3 ° Q, °~ s ~ iff N ° ~ d O O p N -D O O O L .> ~ t O L O ~~ L '.. U F O U V~ c~ O fn I- U >. ~ •> U_. N C (~ ~ •V d (n C O ~ ~ O r,C .0 O C E s o U o z~ c °~ cn Z W ~ a~ o ,c c° ~ .t m O L cu >, c n..--= > Q .n a c~i ~ c*i ° cu v .~ ~ E v upi v c`~ Z U ~ •~ •v°~i o v°,' -~ c j U c°~ v~•`.O n. E - c 0 ~a ° c U .~ "~ ~ ~ L~ C c~ l O~ N •U C L -v ° L `~ ° `~ ~ a~ '~ c ~ _ ~' l-. c O .~ O .c 3 ~ c~ 3 ~ O V c - Z c O ~ O a~ E L c .a O .3 `~ 3 a . o 3 •- ~ 3 ~ ~ ° ~ c c •~ a cn z~ N ~ ~ ~~ ° , c a E~~~ ~ o° o~v°.~ c~3u,° ~ O- N U ~- C . O O ~ .O U D L ~ v U' C , O E to 'n y 'O C ''Q O . .`-. U O ~ .~ -O O O ~m~~~.NO ~ p . c~ cu >. - L .cap c ~acu> a M (~ _ .. ° _ . ... .c .c E ~ O 3 . ~ ~ ~° O ' ... p .~ o cn C O ~ ~ O p . C ~ L ~ N O ~ 3 k- = O L U . RJ y • .._. ... o E >E. N _•c' •°-~ m o ~ ~ o o- ?` . • ~ •~ o ,c ~s a~ ~ ~. c ~ `° °' c a~ ~ . L_ ~ fS1 'p O V ~ U tl 'C '-_ O E . . C3 C ~ O ; O ~ N U~ O -- ~ O N~~ : C ~~ C. ~~~o~ °-= ~' m ca 7 o-° ~ o o ~ ~ o Es' o a~ o a,N .~aJ o;ccO o ~, a~ N a ~? N 3 s c o o 3 a U i i ' ,.. e - c c ~ m ~ a~ ~ ~ c ,c a 3 ° v ~. Q c a, ~ c a~i a~ , •- ~ . ' . ~ -~ OC •O ,O ~ ~ L N O M . . m U U ^ • r - , c ~ ~ > i ~ C O '7 3 O'~ ` L O ~ (ll O ~ , ~ ~ 'j O m ~'~ H O C • ~ N '' .~ E . H O C ~ ~~ O N • N C O E O _ C O p C O ` - m o ~ ?, o -- °' ° ° w o o .c c~ ~ O cu O .a O ~. - O _ O ° ~ o v ; .` ~ .. o m ''11 w a a c~ a v F- v cn cn .~ , ' 2 1- 2 ~ ~ ° : ~ v U.. 3 ~ v ~ L : Q cL co .N ~ ~ O N U .~ O c c 0 0 L ~~ '° E '^ L V1 V~, C Z ~ L ~ ~I 9.4 c~ Z `- O O~ O N~ N N~ O '.' U O O C _ C (ff C O n' O C N~ O N C O O N O tq .~ ~ -N C •V C ~ ~ ~ ~ O ~~oaE.a--o~~ov ` ° : m ~ a o Z~ is ° t c~ N a O~~ L c~ O p C N N O y C~ ~ O •j ~ C ~ C •~ N ~ RS O •cl1 O ~ U o °_~•°~ c °Q °_c U >. O C -~ ~ .: ~ U ~" Z C .t] O O •V fC p .~L r ~ N ~.~ .O U p Q C N N ~-. C ~ ~ ~ N ~ y ~ D. `-' ~ O f~ L p c E L ~.`. > ~ ~ t ~ ~ ~ ~ C 3 ~ '= o m 3 ~ ~ ~ •~ c ~ _ U = N C ~ C •O .Q' O ~ Q1 ai ~C v t~ O .O'O'.... O N . O s ~ ~ ~ '~ O N O m 'N ~ C p Q ~ ~ (=j C V ~ C f--' L O 'a y O ~ 3 •O C cn r aa~.c a Yv O O N •~ N C B N c ~ Nr~ o.. E mc0 c o a o ~ E ~ ~ O U N ~ ~ n O O O O .`~ ' N L ~ .2 .c a N O " c N O ~ (n C O c `~ ~v Q Q m cu , >~o> ~;o O 2 O C N v-o N O F U v 3 a> t~ ~ ~ a. .... ~ N m ~ ~ E O O s ,u N O O .V - . U O •~ ~ N O cn ~, o ~ OC ~ ~ N •- C E c4 (tf cU -O ,.C O O ~ ~ ~ N c ~ U F- U to o ~~ Z O O C c C C v, o I=-c c U •- 330~ ZZc~i~ In ;` ~ M O F r __ ~ o ° ; • `:J -C -a~i fd m U e~ ~, ~: c _C .O Z (~ ~~ ~! .~ ca o~ C~ ' ~~ o0 a. a ~- U C Q ~ (~ 4,~ O ~ ; ~, O ~ ~ '~ ~ ~ ~ ~ I~ ~~ !i~~fq. -uwi;k4 2 0 ~ ti W Z j Z ~ ~ 0 ~_ ~ L + ~ O C ~ '«~ ~ C C ~ C ~ ..r U ~ f1 ~ ~ ~ o C ~ Q U G U ~ U = 0 ~ tl _ ~ ~ ~ p L.. C ~ ~ _ 0 T .L lOb8Z ~N 'uo~6u!wl!M Z09 wood '~aa~lg ~nu3sa4~ OZE . saoinJaS uo!~euodsue~l ~anoueH nnaN cn U _ ~ .~ d S • _U • ~ 2 ~ ~ >. ~. QI ~. ~ V ~. ~ ~ j ov U E° U ~ o ~~ E° o E~ a, ~~ ~ . c~ ~ ~ ~ ~ Q -- o ~ ` ~ ~ r~ cn *- ` ~' a~ ~ ~ • a~ o. ~ a~ .~. N ~ ~ ~ ~ o h o c*~ ca -~ ._ m c o = ~ ~-~ ~ o cps ~ o c a~~ cusp c o~ p as p i o ~ •~~ a i ~ c-~ ~-. ~ ..c ... 0 z~ z= Zp z~ ~ z~ 1 9~ ~ Q. m , f~U a. ~ Q ~ ~ j v . , it ~ ^^ ~ ~~. .~yy VV ~ 11 F-~ F~ _~ ,,,a v~ ~.... ~ W ~ L O ,~~ -~M ~ ^y ~ r~l `~ '~ E--+ ~' c E"'{ ~r 0 W ~=. ` ~ ~- l , ~ ~ 3 f ~~' :'~ !ll,,, ~t .lr y.~ 'c~ • ( Y ~. ~. ~ . ~ ~ r / ~ , iwa5 w¢ '+~ • lb ~ :'-~ of _, ~ ¢ ~ ~ ~.'eY+ ' L 'L (~ O ~ ~ . c~ ~ n. ~, in c ~ c~ U d ~ = O ~ ~ a~ a~ C O ~ U ~ O ~ ~ t ~ U ai .~ '1v C3 4~ ti _ ~' . " , ~ 'v '~ ~ ~'' _ . H 'ti ~ N ~ ~ z 0 ~ Q. o O a ~ m ~ ~ ~ >. T o U C "' cd U U ~ >O ~ > O c C 0 Q) C .~ .~ C 0 U cll C C O U c0 O O .O O ~ _ -j f~ !A >: ~ C '~ ~ N ~ -a •~ ~ ~ ~` v a -° ~n.~c U U ~, a~~.~~ c ~ L. >°. ~ v °. C C -C U Q ~ U c~ ~~ 0 0 0 V • ~ ~ O h V ,~ u . ~ o .~ a ~ v -a ~ O O 3 U _.. p O 3 ~ ~ a ~ ~ O :~ o c m ~ O O ~ O U ... "' ~ - ~ C cn C can ~ O L ~ • o U :x C ~ ~ ~ ~ O ~ C .C C U N ~ U U C ~ c~ ... I F~1 I cn ~ w ~ a OC c U 0 ~ ~ 0 0 o `~ ~ = U ~ O N °~ ~ ~ C C~ ,C cn N~~ Lf) N ~ O cd O U T S O U C O~~`- U C t C OY64 d >.O C ~ OL ~.~ U U p > U ~` Q ~' C p O ~ ~ ~. ~, Q O ~ > ~ ~ Q C ~' ~ p O .C O U ~ ~ ., . - ~°~ E a ~ o .~ L ~ .~ ~ ~ ~L ~~ N O~N U .~t ~. ~ .C C~. ~ i ~ N O ~ o m,, j E° i .. o = N U ~ m ~ fU I Q U co .? ~~ X cd L ~ N S O U N C'7 O C css L- O .-. 3 C p O d. Q O M U ~~ C7 >. O N LL C cII tq ~.i ~ ~ ~ L ~ N O ~ ~ C ~ f- 1 1 C' 0 ~ ~ ~ Q 4"{ F~ n 1 o wJ „y .~ ~'' i- o CO .,~ "~ F +4 U d U Cv U ^~ ~"" ryL l ~ • i• O r ' ~ c/1 +~+ ' ? ~' ~ o ti ~-0/ Fit n C~ W U7 :o a~ Q' U Q d 0 Z .a a~ U C Q ~ O ~~.0 ...., x~.~ i-+ ,F,, p bA V ~~ ~~ N N N N U U C C as ~~ -a -a C c N N a~ oa co 0 N r .!t -°~ h ~i ... c i -~; ~L„ C q W w _~ ~. m ~ ~ Z ~ ~ ~ :~ U ~ ~ ~ C cII o ,~ UZ Z~ `~°o Z~ ~N OZ U ~ J _ U O .~ C `~ r.+ L ~ U vi Z ~ ~ Z Z rn ~ ~ ... . r" O r r ~ >` _ d ~ co = C U C = 3 N '_ ~' ~ ~ ° °' ~ m ~ vi c~II dS ca ~. o ~ = o N -' ~ ~ p Y ~ N N U a Q- C N off = G = N ~ 'Q Z fl. °~ U ~ U O ~ ~ ~. ~ °~ °i~ ~ Q d U d ~ ~ _ ~ t9 lQ _O d i Q d i U d U U N U ~ -Q a. Y ~t .Y v ~ 'co ~ w N ~ ~° Y dS c ~ - ~ ca o o ° t . a~ co o o ~ v i i ~ . ~ N , Z Q Q Q Q: U = U 4, m m Q 1-- ('} Z N N ~ ~ ~ ~ ~ ~ a d d d d d a d d d d d d d d d a u~ o .n ~n o in o in o O in o in o ~n o - 00° r N N M '~7 of ~ lA O T T N N (O co ~t v to o OO Co CO CJD 0p ~ 00 CO Q) Q) QY Q) Q) O) Q) Q) D1 Q) r i,, 11 i~ii~l~~ II~'iii~Ii ~€ 2 _o W~ ~~ W =z~ 3Q~ 2~cWn .Agency Name (1) Current Service Contract X21 Proposed Service Contract (3> S ~ ~# of pass. trips ~S # of pass. trips Deft. of Aging 82;517". 19,765 81,317 1.19•,172 . 'Dept. of Social Serv. 991571 '29,936 133,581 ,"40`,00 0 Girls', Inc. 12,OU0 2,885 12,000 ~~`2,885~ Dept. of Health 1:, 7.32 41 6 1 , 732 41 6 •. Dept. of Social Serv. ' JOBS Program 16,497 3,966 178,033 42,800 Disabled Trans. Assist. 23,750 5,588 23,750 5,588 Elderly Trans. Assist. 16,220 3,885 16,220 - 8,885 . Boy Scouts of America ~; 1,500 536 1,500 536 Britthaven Nursing Hom 1,800 557 1,800 557 Assoc. for Retarded - Children ~, " ti. ~• ~, ' -. 1,000 250 1,000 250 r., . _ . Totals (a) 5 :; S. 256, 587 67", 78'4 ~ 450, 9'33 1 21., 089 1. List all human service agencies in service area that. either provide;~or receive transportation services.' 2. Indicate the amount of each service contract and the numbec of passenger,trips;:for the currentyear.. :. 3. Indicate .the amount of each service contract and the number of passenger tripsVproposed; in the application.,° 4. Total amount of service contract(s) and number of passenger trips for current and proposed years. , ' 5. Provide a brief description of your efforts to coordinate with human service agencies listed in (1) above for wh~tvice contract exists. - t ~ ~ , ,.~ .,; .. ',Vote tlrnt Colrrnrir 3 ~,gtrrrs slruulrf be the scone ns Jisrrres liver irr,llre rtvarae section o~theprojera brrdgrt. • - -> - . ~, t 1 FY96-97 APPENDIX E .l PUBLIC INVOLVEMENT AND PUBLIC HEARING PROCEDURES 199 ..... _ .... .. _ ... FY96-97 SAMPLE PUBLIC HEARING NOTICE NOTE: Genernl Stnhre 143-318.12 requires n mininrrrnr of seven (7) cnlendnr days behveen the tune tlrnt the rretivspnper public a /renriny notice is publisher! and the nchrnl /rearing dote. Lrdude all in fonnntiarr in /rearing notice to ovoid hnvirrg to publish another notice if public hearing is rearrested. This is to inform the public of the opportunity to request a public hearing on the proposed Section 18 Application to be submitted to the I~'orth Carolina Department of Transportation by (I) .Those interested in attending a public hearing on this application should contact (2) on or before (3) . If no interest is indicated, then no public hearing will be held. Those interested, but have not requested a hearing, should contact (4) to determine whether a public hearing will be held. If interest is indicated, a public hearing will be held on (5) The Section 18 program provides'assistance fo coordinate existingtransportation programs in operation in (6) and to provide transportation for the general public. These services are currently provided using (7) The total amount requested for administrative, operating, and capital assistance for July 1, 1995 through June 30, 1996 includes S (8) in federal funds and S (9) in state funds. The a local matching share is ~ (10) - The application may be inspected at (11) ,from (12) Written comments should be directed to (13) (1) applicant (2) person, title, address and phone number (3) date (4) person, title, address and phone number (5) date, time, location (6) service area (7) brief description of the service, i.e. fixed routes, demand response, etc. and how the applicant provides the service, i.e. utilizing vans, local taxi operators, volunteers, fixed route buses, etc. address both regular and charter service applicant currently provides (8) dollar amount of federal funds requested (9) dollar amount of state funds requested (10) dollar amount of local matching share (11) full street address (12) days and hours of operation (13) person, title, address a Zoo f~lease ~w' ~~ '~/ i{., PRESSRELEASE Hcw Nanortr County Manager i Office • 320 [hatnirt Street, Room 501 • Wilmington, N[ 28401 • (910)341-1184 • Fax: (910)34(-40I1 For Immediate Release Date: December 29, 1995 Contact: Patricia A. Melvin, Assistant to the County Manage ~ , ~1. ~'~'• o e: 10 341-7184 Ph n (9 Fax: (910)341-4027 . ,. Public Hearing on Transportation Grant Application -This is to inform the public of the opportunity to attend a public hearing and make comments on the proposed Section 18 Application to be submitted. to the North Carolina Department of Transportation by January 17, 1996. The public hearing will be held at the New Hanover County Department of Aging on January 9, 1996 at 1:00 p.m. The location is 2222 South College Road in Wilmington, NC. Those interested in commenting on the application may appear at that time. The proposed application will be presented to the New Hanover County Board of Commissioners at its regularly scheduled meeting on January 16, 1996 at 9:00 a:m: Public comments are welcome through that time. a The Section 18 program provides assistance to coordinate existing transportation programs in a operation in New Hanover County and to provide transportation for the general public. These services are currently provided using Mayflower/Laidlaw Contracting Service. a, The total amount requested for administrative, operating, and capital assistance for July 1, 1996 through June 30, 1997 includes 586,888 in federal funds, S22,124 in state funds, and S15,114 in local matching funds. The application may be inspected in the New Hanover County Manager's Office at 320 Chestnut Street,, Room 502 from 8:00 a.m. - 5:00 p.m. on Monday -Friday. Oral or written comments should be ' directed to Patricia A. Melvin, Assistant to the County Manager, at the County Manager's Office. For I~ information call Ms. Melvin at (910)341-7184. ! ~ ~ 201 1 FY96-97 APPENDIX F . -,., . . PRIVATE PARTICIPATION ~ ~~ ' SURTACE PUBLIC TRANSPORTATION PROVIDER VERIFICATION CHECKLIST . :~ ,-_ ~~ -• , :. 202 t r Page l of 1 Section 18 - FY 1996-97 NEW HANOVER COUNTY Project: New Hanover~Transportation Service, Inc. Recipient: New Hanover Transportation Service, Inc. Other Surface Public Labor Representation Transportation Providers of Employees, if any Place a if the Provider is still in operation and an if operation has ceased. In addition, add any new providers to your area at the end of this list. Go Travel Not represented by any Union 405 Northern Blvd. Wilmington, N.C. .28406 Carolina Trailways Amalgamated Transit Union 1201 S. Blount St.. P. 0. Box 28068. Raleigh, N.C. 27611 Taxicabs Frank Raffaele Carfora, DBA ~ Not represented by any Union. 35 Lake Park Blvd. Carolina Beach, N.C. -28428 William James Cooper Not represented by any Union 1515 Ann St. Wilmington, N.C. .28401 Johnnie Pompey Not represented by any Union 1010 Wooster St. ~- Wilmington, N.C. 28401 New Public Transportation Providers 203 Port City Taxi, Inc. 2027 Carolina Beach Road Wilmington, NC 28403 Coastal Yellow Cab, Inc. 408 North 2nd Street Wilmington, NC 28401 Lett's Taxi Service Bus Lines , Pleasure Island Transit; lnc. 333 S. 3rd Street ~ - Wilmington, NC 28401 Greyhound Bus Lines 201 Harnett Street Wilmington, NC 28401 . Charter & Rental Buses Not Represented By A Union Not Represented By A Union ~; .Not Represented By A Union ,, Economy Express 105 Sunnyvale Drive Wilmington;-NC 28403 Five Star Motorcoach Charters 300 Harley-Road :, ~ .. Wilmington, NC 28405 United National Tours... 410 Meares Street Wilmington, NC 28401 VIP Express Van Tours 5041 New Centre Drive _ Wilmington, NC 28403 Affordable Affluence Limousine Service 1740 Airport Blvd. Wilmington, NC 28405 204 5 Not Represented By A Union . , Not Represented By A~Union Not Represented By A Union ,~ .:, Not Represented By A Union. Not Represented By A Union t Prestige Limousine Service Not Represented By A Union 1 Powers Drive Castle Hayne; NC 28429 Shuttle Services Dariny's Shuttle Not Represented By A Union P.O. Box 5041 Wilmington, NC 28403 The Loop Not Represented By A Union Terri Willis 205 FY96-97 APPENDIX G p PROJECT BUDGET 206 t e s APPENDIX G FY 96 - 97 Section 18 Administrative Funding Levels I I ( FY 95-96 Federal ~ Vehicle Insurance & ( FY 96-97 Federal j FY 96-9T State System I Section 18 Admin ~ Drug/Alcohol Tests I Section 18 Admin I Section 18 Admin AVERY i 577,083 ~ 511,253 I S65,830 1 514,106 ALAMANCE I 567,851 526,267 I 541,584 I 58,910 ANSON ( 556,546 ; 54,340 i 552,206 I 511,187 APPALCART j 5190,079: 547,4641 5142,6151 S30,560 BLADEN I 563,921 i 51,251 562,670 i S13,429 BUNCOMBE I 556,624 I 52,797 ± 553,827 j 511,534 CARTS ( S84,51a ; 526,544 i 557,970 I 512,422 LEA j 547,441 ~ 59,982: 537,459 ~ 58,026 DAVIDSON I 565,830 1 512,420 ': 553,410 I 511,445 GUILFORD i 536,074 ! 52,639 ~ 534,035 j 57,293 HAYW000 { 567,328 ~ 527,405 i 539,923 I 58,554 JACKSON I 552,269 t 512,952 ; 539,317 I 58,425 KARTS j 5157,780 ; 549,790 ! 5107,990 I S23,140 LUMBERTON j 518,367 I 536 ~ 518,331 ~ 53,928 MADISON ( 576,785 j 523,800 I 552,985 ~ 511,353 MECKLENBURG~ j 593,0361 57,5331 S85,5031 518,322 MITCHELL ( 555,779 I 54,170 I 551,609 ( 511,059 MOORS ( 562,584 ! 523,180 I S39,404 j 58,443 NEW HANOVER ~ 553,483 I 519,215 I ~ 534,268 j 57,343 ORANGE j 574,878 I 52,070 ! 572,808 ~ 515,601 POLK j 553,632 j "510,290'1 543,342 ~ 59,287 SALISBURY , 585,832 I 517,500 1 568,332 j 514,642 STANLY I 593,228 I 523,224 ;, 570,004 ~ 515,000 TRANSYLVANIA ( S51,175 I 54,51.5 I 546,660 ~ 59,998 HENDERSON ( S66,i97 I 518,340 j 547,857 ~ S10,2S5 WILKES j 567,671 1 522,658 I 545,013 ( S9,645 WILSON (City of) ~ 5161,496 I 536,012 I 5125,484 ( S26,889 YANC>=`( ! 564,414 I 57,770 ~ 556,644 ~ 512.138 YVEDOI ~ 5236,030 ~ 552,815 j 5183,215 I. S39,260 CPTA 5169,066 I 544,100 ( 5124,966 ! 526,778 ICPTA ( 5122,410 I 513,351 ( 5109,059 j 523,369 1 ( GRAND TOTALS ( 52,630,003 I 5565,683 I S2,064,320 ( 5442,339 r . , Note: FY 96 -97 federal and state tundinp levels represent maximum partictipation of 70y. federal and 15°/a state. Increases in the_ administrative budget beyond the approved total budget will be provided with bcal lands. 207 Rev. 11/10/95 APPENDIX G NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIG TRANSPORTATION DIVISION . SECTION 18 GRANT 97-18-0 . ~~ ~ ~ PROJECT BUDGET SUMMARY Project Sponsor_ uP~, HanC)VPr ounty' ~ - -Period of Performance .July 1: 1996 ~-.June. 30. 1997 - I. Total- Project.. Expenditures ~ - ~ - Y Administration (from. page 7. 1 i ne (2)) ~ $ x'027 __ s~,~L -Operating {from page -10, line (3~)=) ` .- ~ ~~ $ ___ . _ . _ - Capital -(from page 13, line (8) _ ._ $ ~n, o0 _. -_- I I . Funding - ~ _~ -- -- ~ ~ -TOTAL SECTION 18 STATE LOCAL :.. . _ . (1000 _ _ (~oX)-~ (~ sg) ~~ ~ (~ ~) ' _ ~ ADM I N I ST'RATION , ~0~, 02 ~~ - $ ~ 7 ~f, gr ~ _ $ 3~ ;-~'t~ 9, l~ g $ k ~~ G o ~ g 8-r.~~' - .. (pg.7;ln.2) (3452 261.)_ (3452 361). (3452371) ' ~ _ ~ TOTAL SECTION,..-i8.~ STATE LOCAL _ (100X) ( ~) _ . _ (-0-) -: ( ~) ` ~ ...OPERATING $ .. $ . -~ $ - $ - (pg.l0.ln.3) (3452 2621 (P9.10,]n.5) TOTAL ., SECTION `18 STATE LOCAL (100X) (70~) (15X) (15~) NON-STANDARD $ 70,100 $ 49, 070 g14, 020 g 7, 010 CAPITAL (pg.l3.ln.6) (3452 263) (3452 363) (3452 373) TOTAL SECTION 18 STATE LOCAL (100X) (70~) (20~) (lOX) STANDARD $ $ g g 2 0 8 CAPITAL (pg.l3.ln.7) (3452 263) (3452 363) (3452 3730 43,889 ~3 ~7~ -t~o,bt TOTAL ~ ~ _ l 3y, 124 g 7 . g 8fr,-~"S~' ---- z~, p2~ g 2~~" Z.~' E~,~t3 $ ~ ;'~'T~ . PROPOSED PROJECT BUDGET TRANSPORTATION REVENUES Department 3452 Proposed Account Source Title Amount ~- 00 FEDERAL OVERN TA REVENUES 2 - INTERG MEN L 260 Categorical Grants (direct recipient of grant) 261 Section 18 Administration 262 Section 18 Operating 263 265 Section 18 Capital Older Americans Act Title ILI 266 Vocational Rehabilitation 267 Community Services Block Grant 269 Other: 300 INTERGOVERNMENTAL REVENUES - NONFEDERAL 360 Categorical grants 361 ~ State Administration assistance 363 ~ 369 State Capital assistance Other: 370 Local government cash match 371 Cash match -Section 18 Administration 372 Cash match - Section 18 Operating 373 Cash match -Section 18 Capital 380 Cash match - other sources 381 Cash match -Section 18 Administration 382 383 Cash match - Section 18 Operating Cash match -Section 18 Capital ., 384 Cash match - Charter profits 385 Cash match - Advertising profits 389 Other: 400 SERVICE CHARGES 410-430 Departmental services -- direct 411 Aging Program/Title III 412 413 -- Department of Social Services Sheltered Workshop . 414 .Mental Health Program 415 Health. Department a 416 Community Action Program 417 Head Start Program ~ 418 Day Care _ ~~ 419 Foster Grandparent Program 420 Parks and Recreation 421 Board of Education ' ~ 2 . Proposed Account Source ~ _ ,Title Amount 422 ~ Teen Parent Program ~ ~ - ' 423 Community Living Skills 424 NC Memo.ri:al Hospital ~ . 425 Medical Center 426 Gateway.. _ ..- .. 427. ,- - Aging:, Program :Supplement 4Z8 Child Development Program ~ 429. Investment.--Income A . - 430 ~ Other: , . ~~ l - 432 Community ~Serv ces ~Bl ock Grant 500 ~ ~ .. ENTERPRISE. CHARGES . 510 ~- Passenger fares~~ 511 ~. ...Fares. - ._ ~ , .~ ~ 1 520. , .:SPeci al :~transi t~, fares ~' .. . ~~ u 521 Prepaid fares/bulk purchase discounts - 522 Senior citizenfares ~ Q 523 ~ Student; ~ -fares ~ , ~ .. ". _ _ 524 ~ Chi 1 d . fa r. es. ,, ~ ; - , 525 Disabled citizen fares . 529 ~ Other': U ., 530: Special charges ..~. ~ _ ~~ 533 ~ Special route guarantees • ~~ 800 MISCELLANEOUS INCOME ,, ~ ~ -.810, ~ L~ Sale of materials and scrap 811 -. "Sale proceeds 820 ~ Sale{,of .fixed assets. . ~ ' 821. Sale .proceeds , . ~ = .. _ . 840 :. 4~ Contributions and donations 841 Contributed services 842 Contributed goods 843 ~ Contributed direct labor 844 Donations -cash, ~ -~ . ~~ ~ 849 ~ Other: ~ - , ~ r, " 860 Rents ~ - ~ - ~ ~ _ _ 861 Collectable rent ,, : , -: . " 890 Other revenues.:-==~~not ~el sewhere classified ~ ~ 891 Other: s Line~(1) TOTAL REVENUES, - $ 3 1 1 1 t r t e e t ADMINISTRATION EXPENDITURES Department 4521 Account Object Title 100 PERSONAL SERVICES 120 Salaries and Wages 121 Salaries and wages -full-time 122 Salaries and wages - overtime 125 Salaries and wages - part-time (receives benefits) 126 Salaries and wages - temp. & part-time (receives no benefits) 127 Salaries and wages -longevity 180 Fringe Benefits - (provide budget detail) 181 Social Security contribution . ($ X 7.65) 182 Retirement contribution . ($ X ~) , 183 Hospitalization insurance contribution ($ /mo. X no. employees) 184 Disability insurance contribution ($ /mo. X no. employees) 185 Unemployment compensation contribution (No. of employees covered 2 ) 186 Worker's compensation contribution (No. of employees covered 2 ) 189 - Other (physicals, required medical treatment, bonus, ins., or circle or list applicable item(s)) ($ X no. employees) 190 Professional Services 191 Accounting 192 Legal 195- Management Consultant 199 Other: 200 CURRENT SERVICES - SUPPLIES AND MATERIALS 210 Household and cleaning supplies 211 Janitorial supplies 4 _ Proposed Amount 3,500 ac1~ sn7 211 Proposed Account Object Title Amount 300 212 230 Educational and first-aid supplies "~ 231 - ~ ~Special program material (educational) 400 232 Audio visual and library supplies 3so 260 Office supplies and materials 261 Office supplies and materials ~; S~~ 280 Heating and utility supplies - 281 •, ~ ,Furnace Fi 1 tees .: , , -.: F ., 290 ~ Other suppl.i es_; and mater.i a 1 s . 291 Data processing supplies 292 ,Other: Billing/Reports 5~p CURRENT OBLIGATIONS AND SERVICES .,: 310 Travel ~and•transportation 311 Travel -~ Explain. anticipated trips: i., nnn Transit 20CL1, ConfarPnra~ r 312 ~ ~ . ~ .-Travel subsistence ~ 314 . Travel/owned or leased vehicles 320: ~' .Communications , 321 Tel ephone~.service (includes modem ~ and fax lines) 1 ann 325 . ~ ~ . Postage, ~ 5 ~ 329 ~ _ -~ ~ Other: 330 ' Utilities., ~ ~ •. , 331. ~ Electricity , ,o~ ~ • 332 ~ _ Fuel oil 333 Natural ,gas ,. 334 Water 335 Sewer 336 Refuse, : ;~ 337 Single/combined utility.bill ~- ~~ 339 ~~ _ ""Other: 340 Printing and binding ~ ~ f• 341 ~ ~ Pr~inta,ng; ~~ s~nn ~ ~ 342 Reproduct:i on ~ ~ • - 349 . , ,, Other: 350 Repairs and maintenance 351 Repairs and maint. -Buildings 355 Repairs and maint. -Office Equipment _ 20~_ 5 t t t Account 400 Object Title Proposed Amount 357 Repairs and maim. - Communications Eq. 359 ~ Other: 370 Advertising/Promotion media 371 Marketing .(.paid advertisements) ~,SO n 372 Promotional items 373 Other: Bus stc~ Signs r to_L i , nnn 380 Outside data processing services 381 Data programming services R ~n 382 Data processing services 390 Other services 391 Legal advertising Snn 393 Temporary help services 394 Cleaning services. 395 Training - employee education expenses 396 Training - drug abuse prevention only 398 Security services 399 Other: FIXED CHARGES AND OTHER SERVICES • 410 Rental of real property • 412 Rent of building ($ /mo.) 413 Rent of offices (~~ ~ /mo. ) 5, o00 - iS,DOa 419 Other: ($ /mo.) 430 Rental of other equipment 431 Rent of reproduction equipment 432 Rent of typewriter/postage meter 433 .Rent of communication equip. (incl. radio and cable lines, antenna) 440 441 442 .443 445 449 450 451 453 454 455 Service and maintenance contracts Maint. contracts - Communications equip. Maint. contracts - Office equipment Maint. contracts - Reproduction equip. Maint. contracts - Data Proc. equip. Other: ~~ Insurance and bonding Insurance - Property and gen. liability Insurance - Fidelity . Insurance - Professional liabilities Insurance - Special liabilities 213 6 Proposed Account Object Title Amount --480 Indirect costs - (Lnclude;a copy ' of .most ~' recently audited indirect cost plan and provide budget detail) 481,Central services ($ X X). 490 ~ Other -fixed- charges µ 491 Dues and subscriptions . Line (2) TOTAL' ADMINISTRATION~EXPENOITURES $ ~a,n ~~ . ~ ADMINISTRATIVE ,SALARY AND WAGE DETAIL, Posji ti on .:., , , ;. - ..Fringe Rate Budgeted Dept. Object Title". No. ;PCT(X~) Benefit in,FTE Amount 4521" 121 Facility Mgr: 75$ Yes 17,000 12,750 4521 121 Clerk ~ 50~ Yes 13,000 6,500 4521 126 Receptionist 100$ ;~' 8,800 . 8,800 . +, . ~ - - . ~~ ., . ._e r. .~ -. }' ~.. ,r .. A TOTAL SALARIES AND. WAGES $ 2 s, o s o 21:4 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 OPERATING EXPENDITURES Department X522 FOR FIXED ROUTE and USER-SIDE SUBSIDY ONLY Account Object Title Proposed Amount 100 PERSONAL SERVICES 120 Salaries and Wanes 121 ~ Salaries and wanes - full-time ~~ ~ 122 Salaries and waves - overtime _ 125 Salaries and waves - part-time (receives benefits) 126 Salaries and waves -temp. & part-time (receives no benefits) 127 Salaries-and wages - lcnaevity 180 Fringe 8eneri~s - (provide budget detail. to support request) 181 Social Security contribution (g. X 7.65A) 182 Retirement contribution ~ (~ X A) 183 Hospitalization insurance contribution (S /mo. X ~ no. employees) 184 Disability insurance contribution ~(s /mo: X no. employees) 185 Unemployment compensation contribution (No. of employees covered ) 186 Worker's compensation contribution (No. of employes covered ) 189 Other (physicals. required medical treatment, bcnus, ins., or -circle or list applicable item(s)) 190=200 CURRENT SERVICES - SUPPLIES AND MATERIALS 190 Professional Services- 196 Drug Testing Contract 197 Drug Tests 196 Medical Review Officer 200 CURRENT SERVICES - SUPPLIES AND MATERIALS 210 Household and cleaning supplies 212 Uniforms 8 215 Account Object ~ ~ : ; Titre 21.6, Proposed Amount 230 Educaticnal and =first 'd 233 ~ -a~ suopl~es First aid supplies (replacement) 250 Vehicle supplies and materials .. .. 251 Motor fuels and lubricants -Estimated miles. -.~~.~and gallons 252 Tires and tubes 253 Parts. (less than.5~00/ea.) 254; Licensas , tags and:. rees ~ ~. 255 _ ~- Vehicle cleaning supplies ~_~, .. 256 Hand:~~ tool s:; ~ ~ ~- 257 _ Vehicle signs. . 258: ~ Vehicle (body) painting 259 Other.: .; 300 . ~ CURRENT OBLIGATIONS AND SERVICES ~ , . 310 . . Travel and transportation 311 ~ ~,_ Travel.:=:Explain anticipated ,rips: .,; 312 ,• Travel subsistence> .~ . - `:-313. ~ ATranspgrtation of clients/others 314. ~ .Travel/owned or leaszd vehicles 350 ~~ . Repa,i ~rs .and maintenance 353 R ~ ; ~ Repa i rs and ma i nt . : ~ - Vehicles 354 .. . ; ~ Repairs; and; ma i nt ., -Shop Equipment 359. Other.: • 390 ? ' Other services; 392 ; Laundryy,and,;.dry vcleaning ~~. 393 ~ ,..Temporary help services ~ 395 Training -employee education expenses 399 Other: 400 _ . FIXED CHARGES AND OTHER~SERVICES ._ 440 Service and mantenance~contracts 444 Maint. contracts-,=•Vehicles ~~ 446 Ma i nt .;.contracts - _~Ti res ~° 449 Other: ~450~ ~ ~ ~ ~ Insurance and Bondi ng 452 ~ Vehicle insurance. 490 Other fixed charges 499 Other: - 9 1 1 1 1 A 1 e 1 e Proposed Account Object Title Amount 600 CONTRACTS, GRANTS SUBSIDIES AND ALLOCATIONS 610 Private operator contracts 611 Direct purchase of service 612 User side subsidy 620 Purchased transportation services 621 Volunteer reimbursement 690 All. other contracts, grants and subsidies 693 Payments made on cooperative agreements 800 ~ CONTRA ACCOUNTS 830 Reimbursable taxes 833 North Carolina gasoline tax refund ~~ 836 Federal gasoline tax refund ~~, 839 Other : ~~. 840 Other 841 Charter expenses ~~ 842 Garage services .~~ 843 Advertising expenses .~.._~ 844 Insurance settlements ~~. 847 Income from Elderly & Disabled TAP ~ ) 849 Other: .~~. Line (3) TOTAL NET OPERATING EXPENDITURES (TNOE) $ Line (4) TNOE X 25X, if Small Urban Fixed Route = $ .. 15X, if User-side Subsidy Section 18 Oper. (3452 262) Lune (5) TNOE minus (-) Section 18 Operating = $ (line (3) minus line (4)) Local Operating . Share OPERATING SALARY~AND WAGE DETAIL Po i ion Frin e Rate Bud eted st 9 9 Dept. Object Title No. PCT(X) Benefit in FTE Amount (ves/no) TOTAL SALARIES AND WAGES 10 217 S . CAPITAL EXPENDITURES Department 4523 Proposed Account .. _ Object- _ . Ti tl e Amount 500 ~ ~ CAPITAL OUTLAY ( includes ~i nsta 11 ati on ) 510 Office furniture and equipment 511 Office furniture (Describe: - _ 512 ) „•, Office equpment.(:De,scribe: ..520 ~ ~ . ~ Da.ta processing equipment; (Appendi x H . Attachment 1 must be completed) 521 Data Processing equipment 522 Data processing software . ~ 530 ~ Educational•and first-aid equipment . _ _._ _ 531 Audio visual equipment,. _ (.Describe 1 532 ~ First-aid equipment (Describe ) . 540. 560. ~ ~• :... , . . and 570 Rolling-Stock. ,. " ~ Repl'acement motor vehicles ~. _ 541 Standard transit bus w/wheelchai.r.lift ($210.000/unit x -quantity) 542 Standard activity bus/40 adult psgr. . • '..~ ($57;750/unit x =quantity) 575 Standard activity bus/40 adult psgr. _ with wheelchair.}ift r • ($63,000/unit x -quantity) _. 543 Standard van cutaway/24 adult psgr. ($44.650/unit x -quantity) •„ -547 Standard.•van cutaway/24 adult psgr. _ ~ _ • .wi-th wheelchai r l.i.ft ($48.750/unit x -quantity) • 544 Standard van cutaway/20 adult psgr. '~ ($42.850/unit,, x~ quantity) 576 ~ .Standard van cutaway/20 adult psgr. ~ • _ . with wheelchair l i ft ($.46.75.0/un'it x -quantity) • 545.. _ Non-standard van conversion/13 psgr. ($31.500/unit x _quantity) • 546 Standard van/14 psgr. seating 2 ~'~ ($24.000/unit x -quantity) . _. ~ 11 / '~ .548• Standard van conversion with wheelchair lift . ($34.000/unit x -quantity) -~ 549 Non-standard center-aisle van, 14 psgr. ($25.500/unit x -quantity) ~° 571 Standard mini-van, 6 psgr. ($21.300/unit x -quantity) Expansion motor vehicles 561 Standard transit bus w/wheelchair lift ($210.000/unit x -quantity) . 562 Standard activity bus/40 adult psgr. .($57..750/unit x -quantity) 578 Standard activity bus/40 adult psgr. with wheelchair lift ($63.000/unit x -quantity) 563 Standard van cutaway/24 adult psgr. quantity) 650/unit x ($44 - 567 - . Standard van cutaway/24 adult psgr. with wheelchair lift (.$48.750/unit x -quantity) 564 Standard van cutaway/20 adult psgr. ($42,850/unit x -quantity) ~ j ~ 579 Standard van cutaway/20 adult psgr. ~I - with wheelchair lift ($46.750/unit x -quantity) 565 Non-standard van conversion/13 psgr. . quantity) 500/unit x ($31 566 - . Standard van/14 psgr. seating ($24.000/unit x -quantity) 568 Standard van conversioh with wheelchair lift ($34.000/unit x Zquantity) ~~, nnn 569 Non-standard center-aisle van, 14 psgr. ~• ($25.500/unit x -quantity) 572 Standard. mini-van, 6 psgr. seat. ($21.300/unit x -quantity) Other motor vehicles ~ , 573 Used transit bus ($ /unit x quantity) 574 Support vehicle ($ /unit x quantity) 595 Service vehicle (~ /unit x quantity) 550 Other equipment ~' 551 Vehicle spare parts (Cost $300/unit and useful life 1 yr.: Describe: ~z 219 Proposed Account Object ,; '~_ . -:. Title;. .. Amount _ _ 552 Shop equipment (Describe: ' __ . - ) 554 Radio base station-New System** ($ /unit x _quant-ty) 555 Mobile radio units-New.. System** ($ /unit x _quanti,ty) ' ,: " ~,Mob,ile radio` uni=ts-additional units ~to an existing:system~(furnish cost . est~:mate and brand/type of units) . - Make : Watts " ($1.:050/unit x ,2quantity) _~~ ~~~ 559 Other,.: 580 Buildings;"structures and-'improvements 583 Bus. stop shelters/benches ($ .' /uni.t-z -quantity) 584 Park and .ri.de lots - 585. ,Bus. stop signs:,' - ' ($ /unit x =quantity) -" 590,~~ i;mprovements'and capital outlay Other, 591 , Bus. 'rehabi 1 itaticns (.fist at **) ($ 6.000/uni.t~x~_quantity) 592 Van rehabilitations (list at **) (,$ 4'.000/unit~~x _gaanti.ty) 594 Lease of veh`c~le . '~:." **Estimat es should be obtained for all::~communications equipment. Note that equipment for `'800 Trunking'' systems i,s more~ezpensive thah for UHF systems. Line (6) TOTAL NON=STANDARD~CAPITAL`(~7.OX715~/15X) $ Line (7) TOTAL STANDARD/ALL REMAIN'ING`CAPITAL (70~/20X/10~) $ ~ o,~oo Line (8) TOTAL CAPITAL EXPENDITURES. ~ , $ ~ n,inn VEHICLES , TO BE REPLACED ~ , Year ~' Make ~ - ModelA ;Vehicle Identification Number **VEHICLES TO BE REHABILITATED . Year ~ Make Model Vehicle Identification Number 220: 13 1 .~LtaChZlle.7i 1 REQUESTS FOR COh~UTER H~.RDW~RE/SOFI~v:~RE FOR FY95 FUNDING All reouesu for comDUte_- hard5vare and/or software must be made on this form and mus be suomitte¢ along with the .Aopezdix S-I/Projer Budget. rlttaur'additional sneers i f necessary. ~ltiacit copies o f cost estimates (and hotiv fong the/ are vaiia7 ;vnere aaalicaole. Tr,.nsit System Name: Page of I. Speelficatiorrs ' Hr~ZDW,~RE/SYSTE.~4i: For each item, Provide the joilowing inrormadon. .~. Computers l.a. ~tac:'u^.e Twe and modci l.b. Inre.-ral hard drive rypelmode! ~d size • High Dersiry or ! ow Oezsity? aoooy diskc^e si`e!s - l.e. hfemcry: Siz^ htB R.12~t: Gc^.e i.d. E.xte:.al hard drive rvoe!sizc l.e. Monitor mode!/size `tonocarome oc VGA 1.:. Video erd(size) l.g Mouse Tvpe (if inc!udcd) Xeyboard Type , l.h. Segal pocu (if any) l.i. Pre?nstalled sofrvarc: Opp-aring s}rem/vim-lion Oche: 1.;. War-,anry years • 1.L Tr..inirig or orie.^nrion (if inludcd in list price;' ' If nor incudcd in list oricc, ~hac is the cosy? Estimated cost B. I'rintcrs 1. Mac.`~ine type/mode! 2. Memory caoacty ~tcnory eraruion 3. fray crta:;.idge ~~aasion Estimated cost. C. OttiQ Periphrr-~lc (modezu, scanners, fax/modems, rc:) 1. Type/model ' Z. Dcscitidori Estimated cost ~- SOFI'WAFiE: For each Program requested, provide the following inrormadon. 1. Full nacre of saftwware V~ion 2. Softtivaze deve!oods recomrncndadon for minimum oocadng ryzte~rr and mcrsory • requircrrezics foe rtrruting the software. 3. Your earre.ZC opc~adng rystent ve_•sion and memory eipabiliry for running the software Estimated cost 221 . (Canmrucd on reverse) REQUESTS FOR COh~U1ERgf~RDWAR,E/SOFI~VARE•FOR,FY95 FaNDING . u (CDNTINITED) ..- ,~ -. ;~ . •:. 12: Purpose of your equlp~ncnt/supply request - . • How will the reouested hardware or software be used to benent your system? ite.-a Puroosdiue (6c snccSd ~ . .i •~ • Il7. If upgrading kardwarc/so arc. _ . ..f~'... Why does your cur. e.~t eouiDment. (hardwarelsoftware) not mee: your needs? ,' item . _ Fxnlinadon (be ioecfid: " N. Sow was Zhe bzedget amourti derfveri - _ (Include three vendor Quotes by attnching. copies of ensr;esbmares.(and include how long they aie valid). = :. . ,. _ Make sure to include-ehe name, address, phone rrumba and price quota of the lowest bidder. Include only the name, address and phone number joy the other two vendors.) item . ~ - ~- - How budect was derived: , -Attach additional sheets i f necessary 222 ' a s a t 0 e a FY96-97 APPENDIX H FTA Certification and Assurances 223 CERTIFICATIONS ANO-ASSURANCES FOR THE SECTION 18 PROGRAM ~'~ This page must be completed by checking the certifications and assurances that apply. The individual authorized by the applicant to submit the application, make the necessary certifications, and enter into agreement must sign where indicated. The Applicant's attorney .must also sign the form. The signatures assure the NCDOT and FTA that the Applicant intends to comply with the requirements for the Section 18 program. . The prospective Applicant whose project(s) will be included in the statewide Section 18 application for North Carolina should select the appropriate certifications or assurances below. The attached certifications and assurances are described in Appendix A of the October 12. 1994, Federal Register in the section entitled "Annual List of Certifications and Assurances for Federal Transit Administrative Grants and Cooperative Agreements" pages 51793- - 51813.E The prospective Applicant should understand that they are certifying not as the applicant to FTA, but as a subrecipient providing assurances to the North Carolina Department of Transportation, the applicant on its behalf, that it will meet the federal requirements outlined in the certifications and assurances. The certifications and assurances in the Federal Register should be understood in light of this relationship. I. Certifications and Assurances Required of Each Applicant ~_ II. Procurement System III. Lobbying Certification ~~ IV. Public Hearing Certification for Major Projects with Substantial Impacts ~_ V. Certification for the Purchase of Rolling Stock x VI. Bus Testing Certification VII. Charter Bus Agreement VIII.School Bus Agreement IX. Certification for Demand Responsive Service x X. Substance Abuse Certifications Required by January 1. 1996 X ~- XI. Assurances for Grants Involving Real Property or Construction Thereon 224_ - APPENDIX N FY1996-97 SECTION 18 PROGRAM CERTIFICATIONS AND ASSURANCES ~ lith th r e announcement of new guidelines for providing certifications to FTA in the Feder R i al eg ster of October 12. 1994. "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements", we are using a new form modeled after the federal form entitled Certifications and Assurances for FTA Assistance Programs. The form reflects each a~Flicant's status as a Section 18 subrecipient of the North Carolina Department of Transportation (NCOOT) and_is necessary in order for the department to be able to make its certifications and . assurances on behalf of the systems. ~A11 Section 18 program applicants must execute the enclosed certifications and assurances. There are several certifications that that do not apply to each applicant. Please check only those that apply for the FY1996-91 grant application that will be submitted. The Following items must be checked on the form by each applicant. I. Certifications and Assurances Required of Each Applicant IV. Public Hearing Certification for Major Projects with Substantial Impacts - VII Ch $ . arter us Agreement VIII. School Bus ASreement ~- IX. Certification for Demand Responsive Service X. Substance Abuse Certifications Required by January l: 199G Thy following item must be checked on the form for projects that will seek in excess of $100.000 in federal FTA assistance. III. Lobbying Certification The following items must be checked on the form for projects that will include the purchase of transit buses in its budget request. `~. V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification The following items must be checked on the form for projects that will include local purchases (i.e. transit buses, mobile radios, bus shelters. ~' benches, data processing hardware and software) in its budget request. ?1~ II. Procurement System The fo llow~ng ~t~m must be checked on the form for pro0ects that will include the purchase of real ro ert land buildir~ s or construction in its budget request. B 'X~I. Assurances 'for' Grants : Inuolvi'ng Real Property' o~ Construction CERTIFICATIONS AND ASSURANCES FOR SFY 1996-97 .Name of Applicant:. New Hanover County Name of Authorized Representative: A l l en o' Nea l Relationship/Ti tl e of Authorized Representative: C'oun y Manager BY ENDORSING THIS SIGNATURE PAGE, Allen O'Neal (name) declares that he or she is duly authorized by the Applicant to make the _ certifications and assurances on behalf of the Applicant and bind the Applicant to comply with them. Thus, when its authorized representative signs this document, the~Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for any North Carolina Department of Transportation (NCDOT) statewide Section 18 application in which its projects are included and submitted to the Federal Transit Administration (FTA) .during Federal Fiscal Year 1996. FTA and NCDOT intend that the certifications and assurances the Applicant _. selects on this form, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks FTA assistance through NCDOT now, or may later, seek FTA _~ assistance through NCOOT during federal fiscal year 1996. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to NCDOT for inclusion in a submission to FTA, and acknowledges that the provisions of the Program Fraud -Civil Remedies Act of 1986. 31 U. S. C. 3801 et sea.. as implemented by USDOT regulations. "Program Fraud Civil Remedies." 49 CFR Part 31 apply to any certification. assurance or submission made to FTA. The criminal fraud provisions of 18 U. S. C. 1001 apply to any certification, assurance, or submission made in connection with the FTA formula assistance program for urbanized areas. and may apply to any other certification, assurance. or . submission made in connection with any program administered by FTA. In signing this .document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other statements made by me on behalf of the Applicant are true and correct. Date: .7an_ 1 h~ 199E Authorized Representative of Applicant .• AFFIRMATION OF APPLICANT'S ATTORNEY 2 ~ 7 2 for - nTAC.; u~nciver ~.cu~ritr (Name of`;Applicant) As the undersigned.-.legal counsel for the above named Applicant hereby I affirm that the Applicant has authority under state and local law to make and comply with.the.certifications-and~assurances~as indicated on fhe foregoing pages. I further affirm that, in my, opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. ~. I further affirm that, to. the best o~f my~knowledge, there is no~leg'islation or l`it-gation pending or threatened that might adversely affect tfie validity of these certifications and assurances: or of the performance of the Project. Furthermore, if I become aware of circumstances that change the accuracy'o.f the foregoing statements. ~ I wi l l rioti fy the Applicant-:..the North Carolina Department of~Transportation and FTA., ~ ~~ -.. --~ _, -...* .. - ~ Date:_Jan. ;1b,~ ~199h ~ r~ - - Applicant's. Attorney- ,, -- ,° ,. ., . - ~: - - .. F . } ` .., r r { ~ ~ ~ - 22,8 , . ~ M 3 Appendix H CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE PROGRAMS I. CERTIFICATIONS AND ASSURANCES REQUIRED OF EACH APPLICANT Each subrecipient of FTA Federal assistance awarded to NCDOT must make all certifications and assurances in this Category I. Accordingly, NCDOT may not award any Federal assistance until the Applicant provides assurance of compliance by selecting Category I. A. Authority of Applicant and Its Representative The authorized representative of .the Applicant and legal counsel who sign these certifications, assurances. and agreements attest that both the Applicant and its authorized representative have adequate authority under state and local law and the by-laws or internal rules of the Applicant organization to: (1) Execute and file the application for Federal assistance on behalf of the Applicant.- (2) Execute and file the required certifications, assurances, and agreements on behalf of the Applicant binding the applicant. and (3) Execute grant and cooperative agreements with NCDOT for FTA _ assistance on behalf of the Applicant. B. Standard Assurances The Applicant assures that it will comply with all applicable Federal statutes, regulations, executive orders. FTA circulars, and other Federal administrative reqquirements in carrying out any d b FTA T d l y . grant or cooperative agreement awar e he App icant acknowledges that it is under a continuing obligation to comply with the terms .and conditions of the grant or cooperative _ ~ agreement issued for its approved project with NCDOT for FTA. The Applicant understands that Federal laws. regulations. policies and administrative practices might be modified from time to time and affect the implementation of the project. The 'Applicant agrees that the most recent Federal requirements will. apply to the project, unless FTA issues a written determination ~~ otherwise. li~> C: Drug-Free Workplace Certification In accordance with U.S. DOT regulations on Drug-Free Workplace . ~ Requirements (Grants) at 49 CFR 29.630. the Applicant certifies that it will provide a drug-free workplace by: (1) Publishing a statement notifying employees that the unlawful manufacture. distribution. dispensing: possession, or use of a controlled substance is prohibited in the Applicant's workplace and specifying the actions that will be taken against employees for violation, of such prohibition i Appendix H. Page 2 (2) Establishing an ongoing drug-free awareness program to inform employees: about::~•. ~ ~~ (a) The dangers of drug abuse in the workplace; (b) The Applicant's policy of maintaining a drug-free . '. ~ . ~ workplace;~: (c) Any available drug counseling, rehabilitation, and employee assistance programs; and, _ (d} The penalties that may be imposed upon employees for drug ~• abuse violations occurring in the workplace; (3) Making it a'requirement that each employee to be engaged in the performance of the grant or cooperative agreement be given a _copy of. the statement required by. paragraph (1); (4) Notifying the employee in the statement required by paragraph ~~ (1)~that:.`as a~condition of employment financed with Federal assistance provided by the grantor cooperative ' ': agreement, the employee wi 11: ' (a)•A6ide by the terms of the statement, and '~(b) Notify the employer in writing of his or her conviction fora violation of a criminal drug statute _ ~ occurring in the workplace~no later than 5 calendar days after: such conviction; (5) Notifying NCDOT and FTA~in writing: within 10 calendar days after receiving notice under paragraph (4)(b) from an employee or otherwise receiving actual notice of such cbnvi~ction. Employers of convicted employees must provide notice, includi.ng'~position title: to-every project officer or other designee on whose project activity the convicted employee was working. Notice shal'1`include the identification number(s) of each affected grant or cooperative agreement. -~ (6)' Taking one ~ of the `following actions , wi tfi~n 30 calendar days ~ ~ ~, of receiving notice under paragraph"(4)(b), with respect to any employee who is'so convicted:". - (a) Taking appropriate personnel acti'on~against such an employee, up`to and including termination, consistent . with the requ.;rements- of"~ the Rehabi~l i tat i on Act of 1973 . as~amended; or ~ °- ~. •(b),Requiring~such employee to-partic-ipate satisfactorily in • ~ a drug. `abuse ass~'stance or rehabi l'itati~on program `~ - ~ ~ ~approved~for such' purposes by~a~Federal, state, or local health, law enforcement, or other appropriate agency; (7) Making a good faith effort to continue'~to~maintain a drug-free workplace through implementation of paragraphs (1). (2), (3). (4). (5), and (6). The Applicant has or.~wi l l .provi de~ to 'NCDOT and FTA a 1 i st identifying its headquarters location and each workplace it maintains 'in wh~ch`~FTA assisted=activities are conducted. . ~ ~ ~ ~ ~ ~~ D. Intergovernmental'Review Assurance The Applicant assures that each project application submitted to FTA~~for Federal 'assistance has been or wi-1~1 be submitted for .intergovernmental review to the appropriate state and local agencies-.• Specifaca-lly.`the~Appli~cant assures that it has fulfilled or will fulfill the obligations imposed on FTA by U.S. . . Appendix H. Page 3 ~ DOT regulations. "Intergovernmental Review of Department of Transportation Programs and Activities." 49 CFR part 17. E. Nondiscrimination Assurance In accordance with 49 U.S.C. 5332 and Title VI of the Civil Rights Act of 1964, as amended. 20004: U:S. DOT regulations. "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act." at 49 CFR 21.1, the Applicant assures that it will comply with all requirements pursuant to 49 CFR part 21: FTA Circular 4702.1 "Title VI Program Guidelines for Federal Transit Administration Recipients": and other applicable directives, so that no person in the United States, on the basis of race.. color, national origin, creed, sex, or age will be excluded from .participation in, be denied the benefits of, or otherwise be subjected to discrimination in.~-any program or activity (particularly in the level and quality of mass transportation services and mass transportation-related benefits) for which the Applicant receives Federal financial assistance from the U.S. DOT or FTA. The Applicant assures that the project or program will be conducted, property acquisitions. will be undertaken, and project facilities will be operated in compliance with all requirements of 49 CFR part 21 and 49 U.S.C. 5332. The Applicant understands that this assurance extends to its entire facility and to facilities operated in connection .with the project. The Applicant assures that it will take appropriate action to ensure that any transferee receiving property financed with Federal assistance derived from U.S. DOT or FTA will comply with the provisions of 49 CFR part 21 and 49 U.S.C. 5332. As required by 49 CFR 21.7(a)(2), the Applicant will include in each third party contract. subgrant, or subagreement appropriate clauses to - impose the requirements. of 49 CFR~part 21, and 49 U.S.C. 5332: and include appropriate provisions imposing those requirements in deeds and instruments recording the transfer of real property. -- structures, improvements.' , The Applicant assures that it wil] promptly take the necessary actions to effectuate this assurance. In particular, the Applicant will notify the public that complaints pertaining to discrimination in the provision of mass transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon ' request by U.S. DOT or FTA, the Applicant assures that it will submit the requisite information, pertaining to its compliance ,with these requirements. The Applicant assures that it will make such changes in its 49 U.S.C. 5332 and Title VI implementing procedures as U.S. DOT or FTA may request. F. Assurance of Nondiscrimination on the Basis of Disability In accordance with U.S. DOT regulations; "Nondiscrimin n the Basis of Handicap in Programs and Activities Recei~~ e Appendix H, Page 4 - Benefitting from Federal Financial Assi•stance," 49 CFR 27 9 . , which implement the Rehabilitation Act of 1973, as amended and , the Americans with Disabilities Act of 1990, the Applicant assures that, as a condition to the approval or extension of any Federal financial assistance from FTA to construct any facility , obtain any rolling stock or other equipment, undertake studies . . conduct resew°rch, or to participate in or obtain any benefit from any program•administered by FTA, no otherwise qualified person with .a disability shall be, solely by reason of that disability , excl~,ded from participation in, denied the benefits of or , otherwise subjected Ito discrimination in any program or activity receiving or benefiting from-Federal financial assistance _ administered by the :FTA or~any entity within U:S. DUT. J ~. Specifically, the Applicant assures. it will implement any program or operate any facility-so assisted in compliance with all • applicable requirements "imposed by U.S.~DOT regulations • implementing the Rehabilitation Act of 1973: as amended, and the Americans with D.isablities~Act of 1990 (and any subsequent amendments thereto) at 49 CFR parts 27,rt37,,and 38. as well as all applicable regulations and directives issued in accordance thereto by other Federal departments or agencies. II. PROCUREMENT CERTIFICATIONS AND ASSURANCES REQUIRfD~FOR EACH APPLICANT .;, The Applicant is required to make the-following certifications or ~., assurances about its procurement system that 'accurately reflects its circumstances.' NCDOT°may not "award any Federal assistance until the Applicant indicates compliance in Category II. ~ ~ - . _ • The ApP-1 icant makes 'the following certification or-assurance: ~+ .. . . _ _ The Applicant has not self-certified i-ts`procurement system with FTA,-but will comply with ahl applicable requirements imposed by - Federal laws. executive orders, or regulations and the 'requirements~of fTA Circular 4220..16; "Third Party Contracting - ~ Guide.lines,~" and any revision thereto: and it-will also include in its third party contracts financed with FTA assistance all clauses required by that circular, as well as any other clauses ~' that may be required by Federal laws, executive orders, or regulations. .. IIL. .LO68YING CERTIFICATION REQUIRED FOR•'~EACH APPL•"'ICATION EXCEEDING • 5100 000 ~ ~^ An Applicant that submits an .application for FTA-•assistance exceeding•S100.000 must Provide the =following certification. NCDOT may. not provide .FTA assistance for an application exceeding S100,000 until the~Applicant provides this certification shown by selecting Category III. ~ _~ Ln a.ccordance with U . S . -DOT ,regular"ions , "New 'Restrictions on '-- Lobbying." at 49 CFR 20:110, for each application for Federal 2 ~+, assistance exceeding 5100.000,-the•Ap~plicant's authorized Appendix H. Page 5 .representative certir"ies to the best of his or her knowledge and belief that: • A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any. person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of .a Member of Congress in connection with the awarding of any Federal grant or cooperative agreement, and the extension. _ continuation. renewal. .amendment, or modification of any Federal grant or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the Applicant shall complete and submit Standard Form-LLL. "Disclosure Form to Report Lobbying." in accordance with its instructions. C.t The Applicant shall require that the language of this certification be included in the award documents for each subaWard at tiers (including subcontracts, subgrants. sub-agreements, and contracts under grants and cooperative agreements financed with FTA assistance) and that each subrecipient shall certify and disclose accordingly. The Applicant understands that: (1) This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into; (2) Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.. 1352, and (c) Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10:000 and not more than $100.000 for each such failure: IV. An Applicant for capital assistance or assistance that will substantially affect a community or its mass transportation service financed under another program must provide the fol]owing certification. NCOOT may not award such assistance until the Applicant provides this certification shown by selecting Category IV. In accordance with 49 U.S.C. 5323(b), the Applicant certifies that: A. It has provided or before submitting the application will provide an adequate opportunity for a public hearing with adequate prior _ notice that includes a concise statement of the proposed project. which was published in a newspaper of general circulation in the geographic area to be served; ~ ~ ~ ., - Appendix H. Page 6 .B. It has held~or before submitting"~tfie application will hold that hearing an and provide a transcript to"FTA: unless no one with a significant economic, social, or environmental interest requests a hearing,; ... ~ -. C. It .has considered or before submitting the-application will cons:ider:, the economic. social`, -and environmental effects of the project; ~and~ , D. It~has~found that the project .is consistent with official plans for developing the area. ~.. V. CERTIF -DELIVERY AUDIT. L. ., , An Applicant seeking FTA assistance to purchase rolling stock must make" the following certa fi cation. NCDOT may not ~p~ovi de FTA assistance ,for rolling stock acquisitions until the Applicant provides this certification shown by selecting Category V. In, accordance with FTA re u.la i n ~ ~ " ~ _ g t o s. Pre-Award and Post Delivery Audits of Rolling Rock Purchases.~'rat'49 CFR~663'.7, the Applicant certifies that it will comply with the requirements of 49 CFR part . 663;•~in the course of~purchasing revenue service rolling stock. ~- Among, other things, the App hicant will"condwct~or-cause to be conducted the pr:escr.ibed~pre-award and post=delivery audits, and will maintain on file the certifications required by subparts B. C and D f-. of the reguTati ons : ~ ~ : " . . VI: BUS TESTING CERTIFICATION REQUIRED FOR THE ACQUISITION OF NEW BUSES d ,. - An Applicant seeking FTA assistance to acquire new buses must make ..the following certification°. NCDOT may"not provide FTA assistance :~for.the acquisition of :new .buses until the Ap'p'licant provides this certification. shown by~selecting Category VI. '=~~ ,. .., ~ ~~ •- In accordance. w:i~th F.TA` regulations.. ''Bus Test,ing.•" at 49 CFR 665.7, the Applicant certifies.that before""authorizing-final acceptance of the first bus of any new bus model or any bus model with a major ~i change -i n conf~ gurati on` or components `(as ,described i.n 49 CFR part .~ 665) acqu.~red ors"T eased.wjth Federal assistance funds obligated by ` FTA, tbe•.fol;l'ow:i ng ~ two conditions. wia;l,' have .been: met : (1) the model of the bus-will have been tested`at a bus testing facility approved by:FTA:.and.'(2J~ the Applicant will have received a`copy of the test report prepared on the bus model. ~ ~. VhL. CHARTER BUS' AGREEMENT ~ ~~ ~ ~ ~° An Applicant seeking FTA assistance to acquire vehicles must agree as follows. }'NCDOT may not -pr-oxide FTA~~assistance"for these .projects until the Applicant accepts this agreement by selecting Category VII. . _ y. . In accordance with 49~U.S.C. 5323(d)~`and FTA regulations."Charter ~" Service."'at 49 CFR. 604~.7~:.the Applicant agrees that it and all its t ~1 rec~p~en s:wll provide charter service that uses 'equipment of .facilities acquired with. Federal assistance authorized for 49 U.S.C. 2 3 4 5307. 5309. or 5311, or mass transportation projects awarded by FTA ,~ ' Appendix H. Page.? with Federal assistance derived from-title 23 U.S.C., only to the __ extent that there are no private charter service operators willing and able to provide the charter service that it or its recipients ~. desire to provide unless one or more of the except ions in 49 CFR ' 604.9 applies. The Applicant further agrees that it and its recipients will comply with the provisions of 49 CFR part 604 before they provide any charter service using equipment or facilities provided with Federal assistance authorized for the above statutes, that the requirements ' of 49 CFR part 604 will apply to any such charter service that is ` provided, and .that the definitions in 49 CFR part 604 apply to this -agreement. The Applicant understands that a violation of this agreement may require corrective measures and the imposition of penalties, including debarment from the receipt of further Federa l " assistance for mass transportation. VIII. SCHOOL BUS AGREEMENT 1 t IX. An Applicant seeking FTA assistance to acquire mass transportation facilities and equipment must agree as follows. NCDOT may not provide FTA assistance for mass transportation facilities until the Applicant accepts this Agreement by selecting Category VIII. In accordance with 49 U.S.C. 5323(f) and FTA regulations. "School Bus Operations." at 49 CFR 605.14, the Applicant agrees that it and all its recipients will comply with the requirements of 49 CFR part 605 before providing any school bus service using equipment or facilities acquired with Federal assistance awarded by FTA for mass transportation projects and. authorized for 49 U.S.C. Ch.. 53 or for title 23:U.S.C., that the requirements of 49 CFR part 605 will apply to any such school bus service they provide: and that the definitions of 49 CFR part 605 apply to this school bus agreement. Specifically. the Applicant agrees that it and all its recipients will not engage in school bus operations in competition with private school bus operators, except to the extent permitted by 49 U.S.C. 5323(f), and implementing regulations. .The Applicant understands that a violation of this agreement may require corrective measures and the imposition of penalties, including debarment from the receipt of further Federal assistance for mass transportation. To receive a direct grant to support its demand responsive service. the Applicant must provide the following certification. NCDOT may not make a grant of FTA assistance to an Applicant to support its demand responsive service until the Applicant provides this certification shown by selecting Category IX. . In accordance with U.S. DOT regulations. "Transportation Services for Individuals with Disabilities.(ADA), at 49 CFR 37.77, the Applicant certifies that its demand responsive. service offered to individuals with disabilities, including individuals who use wheelchai i equivalent to the level and quality of service offered to ~uals f 1 'Appendix H. Page 8 without. di~sabilities.~ Such ser-vice., when... viewed in its entirety. is provided in the most integrated setting. feasible and is equivalent ~ with respect to:• (1).response time: (2) fares; (3) geographic service area; (4)..hours and days of service: (5) "restrictions on trip purpose: (6) availability of information and reservation capability: and (7) constraints on capacity or service availability. X., SUBSTANCE ABUSE~~CERTIFICATIONS REOUIRED BY JANUARY 1 1996 An Applicant-required by Federal-.regulations to`provide the .following substance abuse certifications, must~~do so by January 1. ~ 1996: NCDOT may not provide FTA assistance~~untiJ'~an Applicant ~requiced to provide the following: cert~~fi;cations by -January 1. 1996. has done.~so by -set ecti ng, Category X . ` ~" .. -. ~-.. A. Alcohol Testing Certification. '. ,f ~ . s XI~. In accordance with FTA regulations.. "Prevention of Alcohol Misuse in Transit Operations," at 49 CFR 654.83, the Applicant-certifies thaw, it and its contractors. as required, has or will have, by January. 1',,:1996; established. and implemented ~an~alcohol misuse prevention program in compliance with the requirements of 49 CFR part.. 654: and to, the extent. that the' Appl i cant has' ~empl oyees regulated by the Federal Railroad Administration (FRA), the Applicant also certifies that it has for those~empl~oyees an alcohol misuse prevention program that compplies with the . requ:i,rements of FRA"s regulations. "Control` of Alcohol and Drug Use:" 49 CFR part-,219. ~ ~ - B. Anti=Drug Program Certification ~~ In accordance with FTA regulations.."Prevention of Prohibited Drug Use in..Transit Operations." at .49 CFR 653.83, the Applicant ,. certifies than it~and~its contractors. as required: has or will -. have.~by:January 1: 1996, established and implemented an anti--drug program.-and has or will have 'conducted employee • training •in~compliance with the requirements of 49 £FR part.653: and. o the~extent:~that the :Applicant ,has:employees~regulated by FRA::the Applicant also certif~es~that it has for those employees an anti-drug program~th~at~-compl~i~esfwith-the.:requirements of FRA's regulations, "Control of Alcohol and Drug Use." 49 CFR part 219. - :. 4SSURANCfS REbUIRFD F~R'rRANTS.rNVrn vTNr, RFai~ pRnpFRTV nQ . ,. . ,.. , ` The Applicant must provide the following assurances iri connection wiah each:application for~Federal assistance: to acquire (Purchase or lease)' real property.. FTA may not award FederaT~assistance for a '~ project involving real.property unt~l.the Applicant provides these assurances shown by selecting Category XI. ~-, ., ,. i._. ,. A.. Relocation and Real Prooerty Acouisitiorr Assurance ti,- 2 *~ ~- ~ ~ In accordance with U.S.-DOT regulations. "Uniform~Relocation J ~ Assistance and Real Property Acquisition for. Federal and 5 Appendix H. Page 9 Federally Assisted Programs." at 49 CFR 24.4: and sections 210 and 305 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 42 U.S.C. 4630 and 4655, the Applicant assures that it has .the requisite authority ~under~applicable state and local law and. will comply with the terms of that Act..42 U.S.C. 46Ol.et seq. Specifically: '' ~ (~1)~The Applicant will comply with the requirements of U.S. DOT ' - ~ regulations. "Uniform Relocation Assistance. and Real Property _ Acquisition for Federal and Federally Assisted Programs.." 49 CFR part 24: `_ (2) The Applicant will adequately inform each affected person of the benefits, policies, and procedures provided for in 49 CFR part 24 : (3) T.fie Applicant will- provide fair and reasonable relocation payments and assistance in accordance with 42 U.S.C. 4622. 4623, and 4624: 49 CFR part 24: and any applicable FTA procedures, to or for families, individuals.. partnerships. ` ~ corporations or associations displaced as a result of any project financed with FTA assistance: ' ' {4) The Applicant will provide relocation assistance programs offering the services described in 42 U.S.C. 4625 to such displaced families, individuals, partnerships, corporations or associations in the manner provided in 49 CFR part 24 and FTA procedures: (5) Within a reasonable time prior~to displacement. the Applicant will make available comparable replacement dwellings to such displaced families and individuals in accordance with 42 _. U.S.C. 4625(c)(3); (6) The Applicant will carry out the relocation process in such a manner as to provide displaced persons with uniform and ' consistent services, and will make available replacement housing in the same range of choices with respect to such ti"`~ housing to all displaced persons regardless of race, color. religion. or national original; and. (7) In acquiring real property, the Applicant will be guided to the greatest extent practicable under state law. by the real property acquisition policies of 42 U.S.C. 4651 and 4652: (8) The Applicant will pay or reimburse property owners for necessary expenses as specified in 42 U:S.C. 4653 and 4654. with the understanding that FTA will participate in the ' Applicant"s costs~of providing payments and assistance for the project in .accordance with 42 U.S.C. 4631; {9) The Applicant will execute such amendments to contracts and agreements financed with fTA assistance and execute, furnish. and be bound by such additional documents as FTA may determine necessary to effectuate or implement the assurances provided herein. The Applicant agrees to make this document part of and incorporate it. by referenced in any contract or agreement, or any supplements and amendments thereto. relating to any project financed by FTA involving relocation or land acquisition and provide in any affected document that. these relocation and land acquisition provisions shall ~~ , supersede any conflicting provisions. 237 . Appendix H. Page 10 ..8.flood: Insurance Coverage .~" . ~" '~ '_ ~ In accordance wth~section 102(a).of the Flood Disaster Protection"Act of'T973', 42 U.S.C. 4012a(a): the Applicant assures . ~ ~that,~in the course of~imp~lementing each project, it will obtain -.> appropriate insurance efor any rea 1 `estate acquired or construction undertaken within any special flood hazard area as .,~.~~identified. by the Federal Insurance~Administrator. The Applicant . ~ .. understands that such insurance i~s avaiaable in the participating . - ~ . ~ '. ~ a rea through the l1. S . ~ °Federa 1 Emergency Management Agency' s National Flood Insurance Program. .. C: Seismic Safety`Assurance"~ . ~~ In_accordance with.U:S.~'DOT regulations. "Seismic Safety." 49 CFR 41.117(d)~.`.the Applicant assures that before it accepts delivery of any building financed with Federal assistance provided by FTA, the Appli,.cant will obtain a certificate.of.compliance with the ~. seismic design and construction.requirements of 49 CFR part 41. _ - ~, -• ~ . ,; - ; :. ... / , ~l - ~ ~ a i ~ .. - ~ ..~ ~ . t r -~ J(. ,1, ~ . ~ t 1 ' 1 Y _1 ~ .. ' . ' ~ ,. 238 ", ~ ~ ~ : . - . " i ~~ ~ ~'~ - FY96-97 APPENDIX I ~, SPECIAL SECTION 13(C) ~~'.~RRANTY FOR APPLICATION TO THE SAfALL URBAN AND RURAL PROGRA11i ,i The following language shall be made part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under Section 18 of the Act: A. GeneralApplicatiori The Public Body (The North Carolina Department of Transportation) agrees that in the absence of waiver by the .Department of Labor, the terms and conditions of this warranty, as set forth below, shall apply for the protection of the transportation related employees of any employer providing transportation services assisted by the Project, (Legal n'mneojApp~icnnt/Redp;enr) New Hanover County ;~ ~, and the transportation related employees of any other surface public transportation providers iri the transportation service area df the project. The Public Body shall provide to the Department of Labor and maintain at all times during the Project an accurate, up-to-date listing of all existing transportation providers which are eligible Recipients of transportation assistance funded by the Project, in the transportation service area of the Project, and any labor organizations ~~, representing the employees of such providers. Certification by the Public Body to the Department of Labor that .the designated Recipients have indicated in writing acceptance of the terms and conditions of the warranty arrangement will be sufficient to permit the flow of Section 18 funding in the absence of a finding of noncompliance by the Department of Labor. B. Standard Teniu arcd Conditions (1) The Project shall be carried out in such a manner and upon such terms and ~~ ~ ~ ~ ~~ conditions as will not.adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient and any other legally responsible party designated by the Public Body to assure that any and all transportation ' services assisted by the Project are contracted for and operated in such a manner ~ ~ that they do not impair the rights and interests of affected employees. The term "Project", as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds, but shall include any changes, whether ~ .organizational, operational, technological, or otherwise, which are a result of the ' ~~ assistance provided. The phrase "as a result of the Project", shall when used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies . related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about by causes other . than the Project (including any economies or efficiencies unrelated to the PrQje~) '' ~ are not within the purview of this arrangement:~`)).. .w~l D An employee covered by this arrangement, ~,•ho is not dismissed, displaced or otherwise worsened in his position with regard to-his employment as a result of the Project, but ~vho is dismissed, displaced or otherwise ~,•orsened solely because of the total or partial termination of the Project discontinuance of Project services, or exhaustion of Project funding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of the Model Agreement or, applicable provisions of substitute comparable arrangements.. _ (2)(a) ~'Vhere•employees of a Recipient ae represented for collective bargaining purposes, all Project services provided by that Recipient shall be provided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. .~ (b) The Recipient or legally responsible party shall provide,to all affected employees sixty (60) days notice of.intended actions.which may result in displacements or dismissals or rearrangements of the ~ti~orling forces. In.the case of employees . 'represented by a union, such notice shall be provided by.certified•mail through their representatives: The notice`shall contain a full'and adequate statement of the proposed changes, and. an estimate of the number of employees affected by the - intended changes, and the number and classifications of any jobs in the Recipient's r employment available to be•filled by such affected employees::- (c) The procedures of this subparagraph shall apply to cases where notices involve ' employees represented b`y a union for collective bargaining~purposes. At the request of either the Recipient or the representatives ofsuch employees,. negotiations for the purposes of reaching agreement with respect to the application of the terms and • conditions of this ariangement,sliall commence immediately. If no agreement is reached within riventy (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph3(4) of this warran .The foregoing procedures shall be complied- with and carried out prior to the institution of the intended.action. .. , (3) For the purpose of providing the statutory required protections including those specifically mandated by Section 13(c) of the Actl, the Public Body will assure as a condition of the release of funds that the Recipient agrees to be bound by the terms - and conditions of the National{Model)•Section 13(c) Agreement executed July 23; . . 1975, identified below2, provided that other~comparable arrangements may be substituted therefore, if approved by the Secretary of Labor and certified~for inclusion in these conditions. ' 1Suclr protective arrangements shall iiiclude, witliout bei~ig lii~rited to such provisions as maybe necessary for (1) the preservation of rights, privile~es, and Ge-ie~its (includiirS continuatioii of pension rights and benefits) -unrier existiirg collective bargaining agreements or othenvise; .(2) the.coritinuation of collective bargaining riglfts; (3) the. protection of individual ~e,nployees,agarnst q .ivorseniirg of their positions with respect to their employvnent; (4) assurances of employment to eiriployeeS of acquired .mass transportation systems anal priority~of re"employment of employees terniiirnted'or Irr~id off,• a~tr1(Sj paid training.arrd retrainiirg programs. ~Sucli nrrarrgerrrents shall include provisions- protecting i~rdividunl employees against a worsening of their positions with respect, to t/rear employment which shall in,no event provide benefits less than those established pursuatrt'to Section S(2)(f) o f the Act of February: 4, 1887 (24 Stat. _379), as amended. - 2 ses of this ivan'a'i~ty arrangement,~paragraplrs (I); (2); (S); (15); (22);:(23); (24); (26);.(27); (28); ~~of the Model Section 13(c) Agreement, execrated July 23, 1975 are to be omitted. • (4) Any dispute or controversy arising regarding the application, interpretation, or' '~,. enforcement of any of the provisions of this arrangement which cannot be settled by and between the parties at interest within thirty (30) days after the dispute or , controversy first arises, may be referred by any such party to any final and binding ~ disputes settlement procedure acceptable to the parties, or in the event they cannot ' agree upon; such procedure, to the Department of Labor or an impartial third party designated by the Department of Labor for final and binding determination. The compensation and expenses of the impartial third party, and any other jointly incurred expenses, shall be borne equally by the parties to the proceeding and all other expenses shall be paid by the party inarrring them. In the event of .any dispute as to whether or not a particular employee was affected by the Project, it shall be his obligation to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of either the Recipient or other party legally responsible for the application of these conditions to prove that factors other than the Project affected the employees. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. (5) The Recipient or other legally responsible party designated by the Public Body will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by these arrangements, or the union representative of such employee may file claim of violation of these arrangements evith the Recipient within sixty (60) days of the date he is terminated or laid off as a result of the Project, or within eighteen (18) months of the date his position with.respect to his employment is otherwise worsened as a result of the Project. In the latter case, if the events giving rise to the claim have occurred over an extended period, the eighteen (18) month limitation shall be measured from the last such event. 1\'o benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. . {6) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements, nor shall this arrangement. be deemed a waiver of any rights of any union or of any represented employee derived from any other agreement or provision of federal, state or local law. ~` (7) In the event any employee covered by these arrangements is terminated or laid off r as a result of the Project, he shall be granted .priority of employment or reemployment to fill any vacant position within the control of the Recipient for which he is, or by training or retraining within a reasonable period, can became ~~- qualified. In the event training or retraining is required by such such employment or reemployment, the- Recipient or other legally responsible party designated by the Public Body shall provide or provide for such training or retraining at no cost to the employee. (8) The Recipient will post, in a prominent and accessible place, a notice stating that ,~` the Recipient has received federal assistance under the Urban Mass Transportation Act and has agreed to comply with the ,provisions of Section 13(c) of the Act. This. notice shall also specify the terms and conditions set forth herein for the protection ~~ of employes. The Recipient shall maintain and keep on file all relevant books and 1; 241 ' records in sufficient detail as to provide the. basic information .necessary to the proper application, administration, and enforcement of these arrangements and to ~' the proper determination of any claims arising thereunder. " (9) Any labor organization which is the collective bargaining representative of ~~ employees covered by these"arrangements, may become a party to these arrangements by serving written notice its desire to do so upon the Recipient and the.. Department of Labor. In the event of any disagreement that such labor - organization represents covered employees, or is otherwise eligible to become a party to these arrangements, as applied to the Project, the dispute as to whether such organization shall participate shall be determined by the Secretary of Labor. r ~, (10) In, the event the.. Project is' approved for assistance under the Act, the foregoing - terms~and conditions shall bermade part of the contract of assistance between the federal government and the Public Body or Recipient of federal funds; provided, however, that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties thereto, -and by any covered employee or his representative, in accordance with its terms, r nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding aril enforceable by and upon-the parties thereto, in accordance with its terms. ~ ~ a • a° . , C. Waiver . '. Asa part of the grant approval process, either"the Recipient or"other legally responsible party designated by the Public Bociy may in writing seek from the Secretary of Labor a waiver of the "statutory required protections. The Secretary will waive these protections in cases, where at the time of the requested waiver, the Secretary determines that there are_no employees of the .Recipient or of any other surface public transportation providers in~the'transportation~service area who could 6e potentially affected by the Project. A thirty (3'0) day notice of pioposed waiver will be given by the Department of Labor aril in the absence of timely objection, • the waiver will become final at the end of the Thirty (30) day notice period.-In the event of timely objection, the Department of Labor will review the matter and determine' whether a waiver shall be granted. On the absence`of waiver, these protections shall apply~to the Project. ~ . `~ - • - ~ - ~~ . ~, , .. , ~ . _ - ~ ~ . 242 ~] 1 1 i 1 1 t i 1 1 i A 1 I 1 1 1 FY96-97 D. Acceptance of Special Section 13(c) 1`~Varranty I,(NameandTirle) Allen 0' Neal, County Manager , do hereby certify that (Legal Name of Applicant/Recipient) New Hanover County has agreed~to the terms and conditions of this Warranty and ~tiill accept this agreement as part of the contract of assistance with the North Carolina Department of Transportation. Signature SEAL Jan. 16, 1996 Date 243 FY96-97 APPENDIX J DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM N/A Note: If your project anticipates receiving an excess of 5250,000 in Sectionl8 assistance (federnCshare only), you mast ' contact your assigned regional Tra~:sportation Program Consultant concerning su6nrittal of a DBE plan. 244 ~j t ~~~ i i '8'; ~~ ~. D ~~ 5,~ REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #: Consent Item #: 8 Additional Item #: Department: County Manager's Office Presenter: Patricia A. Melvin Page Count In Agenda Package:, Contact: Patricia A. Melvin 5 U liJ >!:C:" t': Adoption of Drug and Alcohol Policy for Transportation-Related Services .BRIEF SUMMARY: New Hanover County is required by Federal Transit Administration to develop and adopt a drug and alcohol .policy for its public transportation service (New Hanover Transportation Services), which receives Section 18 funding. New Hanover County currently receives Section 18 funding and must comply with this regulation (49 CFR Part 653, 654). The proposed policy has been developed with assistance from the N.C. Dept. of Transportation, County Attorney's Office, County Manager's Office, Human Resources Dept., and New Hanover Transportation Services Advisory Board. The requirements of the policy will have to be adhered to by our private operator with whom the County contracts to provide transportation services to County residents. The contractor will insure that the policy is adhered to at its own expense. RECOMMENDED MOTION AND REOUESTED ACTIONS• Adoption of the drug and alcohol policy, retroactively effective to January 1, 1996. The Federal Transit Administration requires. that this policy be adopted effective January 1, 1996. FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget:. Ncw Appropriation Rcqucst: Budget AmendmentPrepared: REVIEWED BY: LGL: ~ FIN: BUD: N%A CGRIFFIN HR: Adopt .the drug and alcohol policy effective January 1, 1996 as requested ~~~~~~~ pp (, ~ . iVv lul 9 '4 ~.> .l t. ~. e~"e~~14t~1Ytil6~E~ f ~~ 245 Refer to Office Vision Bulletin Boazd for Disposition NEW HANOVER COUNTY DRUG AND ALCOHOL POLICY FOR TRANSPORTATION-RELATE~SERVICES .. ; A t.. '.. ~ , Effective:~anuary 1,1996_ ~ . , , ~ -; : .. _ - NOTE: 7HE TERMS OF THIS POLICY $MAl1 6E 'ADHERED T0, AS ,. MINIMUM STANDARDS, BY ALL CONTRACTORS, OR VENDORS VVHO , Pc"J2FORM TRANSPORTATION-RELATED SERVICES i-OR NEW HANOVER COUNTY;.,. ,AND WILL BE -INCORPORATED IN70. CONTRACTUAL AGREEMENTS BY REFERENCE. • .CONTRACTORS A,yD VENDORS ARE REQUIRED' rT0 SUB/~iIT A COPY OF THEIR ~ DISCIPLINARY. POLICIES; ; OUFUNING DISCIPUIViRY ACTIONS WHICH AFFECT USE; /v11SUSE;fAND ABUSE OF CONTROLLED SUBSTANCES: • • ~ ~ - All provisions set forth in bold face print are included consistent with requirements specifically set forth in 49 CFR Part 653, Part 654, or Part 40, as amended. Provisions set forth in the Drug-Free. Workplace Act,(49 CFR Part 29) are delineated in.italics. All other , provisions are set forth under -the author'ry of 'New Hanover County. I.0 PURPOSE . New Hanover County is dedicated to protecting its employees and the-public by maintaining a healthy and safe work environment and providing safe, dependable, and economiczJ transportation services to'our transportation system passengers. The purpose of_this policy is to assure fitness for-duty and. protect our employees, passengers, and the public from the risks posed by the misuse of alcohol and use of prohibited drugs." This policy is also intended.to comply with all -. zpplicable Federal•regulations governing workplace anti-drug and alcohol programs in the workplace.~._ The • Federal _TransR . = Administration (FTA) of the U.S. Department.of Transportation has published 49 CFR Part 653 and Part 654, as amen ded, that mandat ~ , urine drug testing and breath alcohol testing, for safety=sensdive positionsd~r ibits. performance of safety-sensitive' functions when th~ is' a~ositive test result. The,U;S...Departmeot-of . Transportation (DOT) has also published~:49 CFR Part 40 as amended, that~sets standards~for the collecfion'and'testing of urine and breath specimens. In addition, the Federal government ,}.; ',f~ published 49 CFR Part 29, 'The Drug-Free Workplace Act of 1988", which requires the establishment of drug-free wbkplace policies and the reporting of certain drug-related offenses to the FTA. This policy incorporates ~, those- requirements ;for safety-sensitive ..employees, ' contractors,:vendors and their assigns. -. - .. 2 0.......... POLICY...::.... .....:...... .. ' ......: ... :: ..All personnel, equipment, and operating practices must be consistent with; the highest standards of health 'and safety. This policy delineates New Hanover County's position vkth regard to the presence of drugs and alcohol in the workplace and the influence of these substances on private contractors, vendors, and their employees in safety-sensitive positions. It is our goal to provide necessary transportation services to the citizens of New Hanover County, v~hile allowing for a healthy, satisfying working environment ': which .promotes personal opportunities for growth. In.meeting these goals, we will: I) assure that private contractors, vendors, and their employees are not impaired.in their ability to perform assigned duties in a safe, productive,- and `healthy. manner, 2) create a workplace environment free from the adverse effects of drug abuse and alcohol misuse; 3) prohibit the unlawful manufacture, distribution, dispensing; possession o'r"use of controlled substances; 'and 4~ncourage contractors to mzintain a program which allows • employees to seek professional assistance anytime personal -'~ ".,problems, including alcohol or drug dependency, adversely affect ~, , . . their, ability to perform their assigned duties. .a.:9 2.1 Aoolicability This policy applies to all `~ safety-sensitive and non-safety-sensitive transportation employees; ~!!' and paid- part-time employees, contrail employees and contractors/subcontrailors when they are on County property or performing any transportation-related safety-sensitive business on behalf of the County. The presence of drugs and alcohol in the workplace and the influence of these substances on employees during working hours are grounds for disciplinary action up to and ~~i including termination of employee(s) and contractual relationship f with New Hanover County. This policy applies to off-site lunch periods or breaks when an employee is scheduled to return to { vbrk. Usitors, vendors, and contractor employees are governed by this policy while on County property and while performing services ~, for the County; and will not be permitted to conduil business with or on behalf of New Hanover County if found to be in violation of '~~ this policy. 2.2 Asafety-sensitive function is any duty related to ~` the safe o eration of transportation services:including the operation P . of a revenue service vehicle (whether or not the vehicle is in revenue service), dispatch, maintenance o(a revenue service. vehicle or equipment used in revenue service, security personnel !~+' who carry firearms, and any other employee who holds a Commercial Driver's License. A list of safety-sensitive positions is attached: Contractors, vendors, service providers and employees :~ . or assigns of the same, who are involved in contracts vrith New Hanover County in pes'rions or under circumstances wherein the health and safety of the public and co-workers maybe affected, will r be required to undergo drug and alcohol. testing. ' Such testing will i!: be conducted whenever there is reasonable suspicion that an employee and/or contractor is under the influence of prohibited substances. Participztion in the prohibited substance testing program is a requirement of each safety-sensitive employee and/or ~~` contrailor/vendor; and therefore, is a condition of the contrail. t '~~ 2:3 Definitions ;Alcohol and Substance _= Abuse means the abuse of lawfully obtained prescription drugs, over the counter drugs, or alcohol when such use substantially ~~ impairs job performance, alters behavior and/or creates a risk to the health and/or safety of the employee or others, and/or the use of illegal drugs such as marijuana, cocaine, opiates, .amphetamines, phencyclidine, or controlled prescription drugs obtained unlawfully. `Approved laboratory means a laboratory approved and certified by the U.S. Department of Health and Human Services (DHHS) to conduct employee and job applicant drug testing. *Contractor/Vendor means any private entity which is party to a contractual arrangement with New Hariover County, wherein it or its employees or assigns perform asafety-sensitive function. `Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.. This includes damage to motor vehicles that could have been drive, but would have been further damaged if so driven. •Employee means for the purposes of this policy any person employed by contractors, vendors of New Hanover County, or their assigns, in a position, wherein s/he performs asafety-sensitive function. `Employee Assistance Program means a program of counseling services for participants including assessment, evaluation, referral for treatment and follow-up procedures provided by the contractorNendor, and their assigns, as required by New Hanover County. `Reasonable Suspicion means an e~ressible belief that a person is under the influence of alcohol or has been involved in misuse/abuse of drugs. This assessment is based on specific, contemporaneous, and articulable observations concerning appearance, behavior, speech~or body odors of an employee, job applicant, or contractor, which may pose a danger to themselves and others in their performance ofsafety-sensitive functions, Crcumstances vehieh constitute a basis for determinin "reasonable suspicion".may include but are not limited to: 2•-t <~ 2 a.` Direct observation of alcohol or drug use and/or ph~~sica) symptoms of~ which indicate drug use or alcohol.misuse; b. A report of alcohol or drug use, by an employee . while at work, provided by~a reliable and-credible source; ~ _ c. An unexplained, preventable accident and/or . information based on specific objective facts that an employee has caused, or 'contributed to an accident at work while under the . influence'of alcohol or drug's'" ... .,, d. Evidence that an employee is involved in the i unauthorized possession; sale, solicitation'or transfer of alcohol or. drugs while working or while on the' County's` premises, or operating a County vehicle, machinery or other equipment' - 'Safety-sensitive function means operation of a revenue service vehicle, regardless of whether the vehicle is in revenue service; operation of anon-revenue vehicle when'required to be operated by the holder 'of a Commercial Driver's License; controlling movement 'or dispatch of a revenue service vehicle; contractor vendor employees that ad as transportation system employees, maintenance of a revenue service vehicle or equipment used in revenue `service, security and lawenforcement pe~sonnef that carry firearms; and supervisors; if they perform safety-sensitive functions. 3.0 > PEFtSONS`P+FFECTED 4 Q ;::.SUBSTANCES .SUBJECT;TO TEST::..,,..... - Any illegal drug or any substance identi fred in Schedules 1 through V o f Section 202 of the Controlled Substance Act (21 U.S.C. 812), and os further d i 1 CFR 1300. f 1 through 1300. j S, is prohibited ~~~ ~ ,. unless the indrviduol has a valid prescription for the drug. This includes. but is not limited to: marijuana,; cocaine, opiates, ' amphetamines, and-phencyclidine (PCP), as well as,any~drug not approved for .medical use by the U.S. Drug .Enforcement Administration.or the U.S. Food and-Drug Administration. Illegal uses~indude use of any illegal drug, misuse of legally prescribed.drugs, and use of illegally obtained prescription drugs.. 4. I Legal DruQS The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the, use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgement may be adversely affected must be reported to supervisory personnel and medical advice must be sought by the ._ ~. ~ . employee, as appropriate, before performingwork-related duties. An attending physician's release to work statement will also be - ~•: required, to be submitted to the supervisory personnel. Medical information will be maintained in accordance with the confidentiality requirements of the ADA. ~. , . A legally, prescribed drug means- that the individual has a .~ 4. , . , prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the ~- patient's name, the name of the substance, quantity/amount to be, taken, and the period of authorization. The misuse or abuse of . legal drugs while performing County business is prohibited. 4.2 Alcohol The use of beverages containing alcohol or substances including any medication, mouthwash, food, - 'candy; or any other substance such that alcohol is present in the body while performing County business is prohibited. The concentration of alcohol is expressed in terms of grams of alcohol per 2 I 0 liters of breath as measured by an_ evidential breath testing - (EBT) , or non-evidential,breath,testing device. 3 ~~ unio~uf manufacture, distribution, dispensing, possession, or use of prohibited substances on County premises, in County vehicles, in ~~,- uniform, or while on County business. Employees who violate this . provision. will be made subject to disciplinary action up to and including termination from employment. Law enforcement shall be 1'7 notified, as appropriate, where criminal activity is suspected. ~~ 5.2 Intoxication/Underthe Influence Any safety-sensitive or non-safety sensitive employee who is ~' rezsonably suspected of being intoxicated, impaired, under the influence of a prohibited substance, or not fit for duty shz)I be suspended from job duties pending an investigation and verification Ur of condition. Any such employee who is found to be under the ,~ influence of prohibited substances or vrho fails to pass a drug or alcohol test will be relieved of his/her duties, informed of ~~, educational and rehabilitation programs available, and referred to a Substance Abuse Professional (SAP) for assessment. A positive drug and/or .alcohol test will also result in disciplinary action up to and ~~ including termination of employment. A drug or alcohol test is considered positive if the individual is found to have a quantifiable presence of a prohibited substance in the body above the minimum thresholds defined in 49 CFR Part 40, as amended. ,~• 5.3 Alcohol Use No safety-sensitive or non- safety-sensitive employee should report for duty or remain cn duty . ~ '. when his/her ability to perform assigned safety-sensitive functions is adversely affected by alcohol or when. his/her breath alcohol concentration is 0.04 or greater. No safety-sensitive. or non-safety- sensrtiveemployee shall use alcohol while on duty, in uniform, while ' performing safety:sensitive functions, or just before or just after performing asafety-sensitive function. No safety sensitive or non- ; safety-sensitive employee shall use alcohol within four hours of reporting for duty, or during the hours they are on call. Employees zre subject to alcohol testing just before, during, or just after completing asafety-sensitive job. Volation of these provisions is prohibited and punishable by disciplinary action up to and including ~~ termination. `. t~I ~: `~~~ 5.4 Compliance with Testing Reauirementr `All safety-sensitive and non-safety-sensitive employees will be subject to urine drug testing and breath alcohol testing. Any safety- sensitive or non-safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and their employment or contractual arrangement terminated. Any safety- sensitive or non-safety-sensitive employee who is suspected of providing false information in connection with a test, or who is suspected of falsifying test results through tampering, contamination, adulteration, or substitution will be required to undergo an observed collection. Verification of these actions will result in the employee's remo~ral from duty and their employment terminated. Refusal can include an•inability to provide a sufficient urine specimen or breath sample without a valid medical explanation, as well as a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test. 6.0 ' CONFIDENTiALIiY New Hanover County, its contractors vendors, and their assigns v~ill protect individual dignity, privacy, and confidentiality throughout the testing process. . County of the same. Employee. failure to comply with this provision must result in disciplinary action, up to and including termination. Contractor, vendor, assign's failure to notify New Hanover County of the same will result in termination of contractua! agreement. If an employee is convicted of violations of criminal drug statute, s/he must be subject to disciplinary action, including termination of employment. 249 a 100 ;!: PROPER APPLICATION OF;THE POLICY ` • New Hanover County's contractors, vendors, and their assigns will use and'apply all aspecEs of this policy in an unbiased=and°` ~ ~ . impartial manner. ° " _ , ?. `` ~ I 0:1 Prior' Notice'of Substance Abuse Polite. ' ` ` New Hanover County`s contractors, vendors, and their assigns ` shall provide written notice of its substance abuse policy to all employees: -The notice shall contzin•the~follov+iing information:' •• '' (a) The reason for the policy; ' ' (b) The circumstances under'vvhich testing may be - required; -, , , . . - (c) The•procedure'for confirming an initial positive test' result; ' ' (d) The consequences of a positive test result; (e) Consequences of refusing to under go a test; (i) The right to explain a positive test result and appeal procedures available; and ~ ` (g) The availability of substance abuse counseling and referral services. 10.2 ~ Safety Sensitive Employees All employees in shall be required to execute an acknowledgment that a copy of the drug and alcohol policy, and ' procedure was provided fo them by the employer: This acknowledgment will be kept in the employee's personnel file. .. ... .:. I I.0 'TESTING . :.; ,,. <;; . I I . I Employee Testing; Genera! Standard a. Analytical urine drug testing and ~b~eath testing for alcohol may be conducted when circumstances wart-ant°o~ as required by Federal regulations. All safety-sensitive and non- safety-sensitive~employees shall be subject to random testing, testing for reasonable suspicion, and following an accident. In ` addition, ~~ ~~ensitive and non-safety-sensitive employees ' will be teS~1`.eibrto returning to duty after failing a drug or ' I1 alcohol-test and after completion of the Substance Abuse Professional's recommended•treatment program. Testing will be conducted for a period of one to five years, with at least six . tests performed.during,the first year. ,~ '. ~ w b:. Those employees who perform safety- ~, ` 'sensitive functions as defined in the attachment to this policy shall also be subject to follow-up testing on a random, unannounced ~ basis. _. .. k , ~ ... c.Testing shall be conducted in a manner to ., . . assure a high degree,of accuracy and reliability and using . techniques, equipment, ,and laboratory.facilities which have been. approved by the U.S. Department of Health and Human Services (DHHS). (List attached) All testing will be conducted,, consistent with the procedures.put forth in 49 CFR Part 40, as amended. ~ • . 1.2 Testing Procedures. ~ ., , .Analytical urine drug testing and breath testing for alcohol may be . conducted when circumstances warrant or as required by Federal ,. regulations. . ~. 'The drugs that will be tested.for include,marijuana, cocaine, •`opiates, amphetamines, and phencyclidine. An initial drug screen.,- will be conducted. on each urine specimen:: For. those specimens. that are not negative, a cornfirmatory,Gas:Chromatography/Mass , Spectrometry (GC/MS) test will. be performed. The test will be. considered positive if the amounts present are above the _, minimum thresholds established in 49 CFR Part --40, as amended..: 1 a. ' Prescription Orugs. (I) Any employee found;to have abused prescription 111~~~ ;drugs will be subject tathe terms.and conditions of this policy..... •(L)• The content level of each substance needed to .. i determine whether'an employee has illegally consumed or is~ 'under the influence of a drug as listed above will be determined by a certified toxicologist of the approved laboratory. I 'U '4! b. Alcohol (I) Tests for breath alcohol concentration will be ~, conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved evidential breath testing device (EBT) or non evidential breath testing device, operated by ,_f a trained breath alcohol technician (BAT). If the initial test indicates ari alcohol concentration of 0.02 or greater, a second test will be performed to confirm the resultr of the initial test. A safety-sensitive or non-safety-sensitive employee who has a confirmed alcohol concentration of 0.02 or greater, but less than 0.04 will be removed from his/her position for eight hours unless a retest resultr in a concentration measure of less than 0.02. The inability to perform safety-sensitive duties due to an alcohol ~` test result of greater than 0.02 but less than 0.04 will be considered an unexcused absence subject to contractor/vender disciplinary procedures. An alcohol concentration of 0.04 or greaterv~ill be considered a positive alcohol test and in violation of this policy and a violation of the requirements set forth in 40 CFR ~~ Part 654 for safety-sensitive employees. I I .I Employee Requested Testing Any safety-sensitive or non-safety-sensitive employee who ~~ questions the results of a required drug test under circumstances outlined herein for required testing, may request that a split ~: ' sample test be conducted. This test must be conducted at a different DHHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the original sample. All costs for such testing are pad by the employee unless the result of the split ~~ sample test invalidates the result of the original test. The method of collecting, storing, and testing the split sample will be ~. consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice ~~ of the on final sam le verified test result. Re uests after 72 g P q hours v,rill only be accepted if the delay was due to *! documentable'facts that were beyond-the control of the employee. ~~' 6 11.2 Reasonable Suspicion Testing All safety-sensitive and non-safety-sensitive employees may be subject to a fitness for duty evaluation, and urine and/or breath testing when there are reasons to believe that drug or alcohol use is adversely affecting job performance. A reasonable suspicion referral for testing will be made on the basis of documented objective facts and circumstances which are consistent with the short-term effects of substance abuse or alcohol misuse. Examples of the same are outlined in "Section 2.3: Reasonable Suspicion". Reasonable suspicion referrals must be made by a supervisor who is trained to detect the signs and symptoms of drug. and alcohol use and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. ' 11.3 Post-Accident Testing All safety-sensitive employees will be required to undergo urine and breath testing if they are involved in an accident with a County vehicle (regardless of whether or not the vehicle, is in revenue service) that resultr in a fatality. This includes all surviving safety-sensitive employees that are operating the vehicle and any other whose performance could have contributed to the accident. In addition, apost-accident test will be conducted if an accident results in injuries requiring transportation to a medical treatment facility; or one or more vehicles incurs damage; and/or the employee receives a citation under State or local law for a moving traffic violation arising from the accident. If no citation is given, the safety-sensitive.employees may still be tested if they could have contributed to the accident. The test will be mandatory unless the employee can be completely discounted as a contributing factor. Following an accident, the safety-sensitive employees wiA be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Any safety-sensitive employee involved in an accident must refr~r~m1alcohol use for eight hours follovring the•accident o~'until he/she undergoes a post-accident alcohol test. Any safety-sensitive employee.who ~ • . leaves the scene of the accident without justifiable explanation prior to submission to drug arid•alcoholtestingwill be considered to have refused the test and their employment terminated:" - Employees tested under this provision will include not only the operations personnel, but any other covered employee whose - performance could have contributed to the accident.' • . ., ,<< . 11.4 Random Testine Employees in safety-sensitive position will be subjected to random, -unannounced testirig. The selection of safety-sensitive employees for•random' alcohol testing will be made using a scientifically valid method that ensures each-covered employee that they will have ari equal chance of being selected'each time • selections are made. The random tests will be unannounced and spread throughout the year. 11.5 Return-to-DutX Testing: All safety-sensitive and non-safety-sensitive employees who ' previously tested positive on a drug or alcohol test must test ~ . negative-(below 0.02 for alcohol) on a return to duty test, and be ' evaluated and released to duty by the Substance~Abuse Professional before returning to work. ""• '• - i . . _ ' ' - 11.5 Follow-uo Testing Safety-sensitive znd non-safety-sensitive employees'will be required to undergo frequent unannounced random urine ~ and/or'breath testing following their return to duty. The follow- • up testing wilt•be performed for a period of one to-five years v~ith a minimum of siz tests to 6e performed the first year: • a - _ .~ 12 0 EMPLOYMENT ASSESSMENT Any safety-sensitive or non-safety sensitive employee who tests positive fog the presence of illegal drugs or alcohol above the' minimum thresholds set forth in 49 CFR Part 40, as amended, - will be r ' evaluation by a Substance Abuse Professional (SAP): p~iAP'fsZrficensed~orcertified physician, psychologist, •~ social worker, employee assistance professional, or addiction counselor with. knowledge of and clinical experience in the ~} diagnosis and treatment of alcohol.-related disorders. The SAP U will e~raluate each employee,to determine,what assistance, if any, .:, the employee needs,in resolving problems associated with e or alcohol misuse. J prohibited drugs us _ •, 12.1 . ,;TREATMENT REQUIREMENTS - .; •• Contractors, vendors, and: their assigns are required to make . ,availableto,their employees necessary resources for treatment for alcohol misuse-and. illegal, drug use problems; and encourage all employees to make use of the available resources for treatment... for' aleohol~misuse and.illegal drug use problems. Any employee who tests positive or refuses a test must be referred to a .. Substance~Ab'use Professional for an assessment:. Assessment by a SAP.orparticipation in the compan~s Employee. Assistance Program must not shield an employee from disciplinary ; - action or guarantee employment or reinstatement with,•the , contractor, vendor, and their assigns. The employers' Disciplinary j~ Code must include a penalty for performance-based infractions j' ~ and violation of policy provisions. l.,J If asafety-sensitive or non-safety-sensitive:employees is allowed ~~ to return-to-duty, he/she must properly follow the rehabilitation program prescribed by the SAP, the employee must have ; , -. negative return-to:duty drug and alcohol tests, and be subject to . ~• unannounced follow-up tests for a period of one to five years. Any employee who refuses or fails to comply with requirements .for treatment, after care, or return to duty must be .. . subject to disciplinary action, vp to termination. ~. .. 13:0 ~RE-ENTRY CONTRACTS • Employees who re-enter the workforce must agree to a re-entry contrail. That contract may include (but is not limned to) .. 1 a. A release to work statement from the ~? Substance Abuse Professional.. b. A negative test for drugs and/or alcohol. ~r c. An agreement to unannounced frequent follow-up testing for a period of one to five years with at least six ,~ 'tests performed the first year. d. A statement of expected work-related ~~ behaviors. ' e. An agreement to follow specified after care requirements with the understanding that violation of the re-entry ~' contrail is grounds for termination. f 4.0 ! CONTACT PERSONS ~, Any questions regarding this policy or any other aspect of the drug-free and alcohol-free workforce should contact the following persons. ~. ~ New Hanover Transportation Services ° Name: 'Patricia A. Melvin Title: Assistant to the County Manager Address: 320 Chestnut Street, Room 502 Wilmington, NC 28401 Telephone: (910)341-7 184 Fax Number: (910)341-4027 -,~~ %~ County Attorney's Of;Ice Name: Wanda Copley r Title: County Attorney Add 320 Ch t 305 t St t R ; ress: es nu oom ree , Wilmington, NC 28401. Telephone: (9 10)34 I -7 15~ `' Fax Number: (910)341-4170 Medical Review Officer Name: (Designated by ContrailorNendor Upon Executing Contrail v~ith New Hanover County) l~ Address: ~1 B Telephone: (910) Fax Number. (9 10) Substance Abuse Professiona! Name: (Designated by ContrailorNendor Upon Executing Contrail with New Hanover County) Title: Address: Telephone: (910) Fax Number: (9 10) 253 NEW HANOVER TRANSPORTATION SERVICES Safety-Sensitive Functions Area Administrator (If Dispatch Functions Are Performed) Clerical Specialist (If Dispatch or Driver Functions Are Performed) Transportation Dispatcher (If Dispatch or Driver Functions Are Performed) Full-time Drivers Part-time Drivers Lead man/Mechanic Mechanic Vehicle Washer/Fueller 254 J L i. C G ~~ C ~I 7 9 CERTIFICATION ~' New .Hanover County hereby certifies that it will insure the provision of a workplace free of zlcohol misuse and drug abuse by requiring its contractors/vendors znd their assigns to scion or use of a controlled I , Publish a statement notifying employees that unlzwful use, manufacture, distribution, dispensing, posse , ~.: substance is prohibited in the County's workplace, and specifying the actions which will be taken against employees for violation of such ~' prohibitions. ~. Establish an ongoing alcohol and drug awareness program to inform employees of the affects of such use in the workplace; the contractorHendors/zssigns' policy of maintaining a workplace free of such problems, avzilable employee assistance counseling, rehabilitation services, and the penalties which maybe imposed upon employees for violations occurring in t he workplace. ~, 3. Make rt a requirement that each employee who is engaged in the performance of transportation-related activities is given a copy of the statement referenced in # I above. 4. Notify the employee in the statement that as a condition of employment, s/he will: a) abide by the terms of the statement; and b) notify the employer in writing of his/her conviction for a violation of a criminal drug or alcohol statute occurring in the workplace no later than five ~` czlendar days after such conviction; S. Notify ..New Hanover County and the appropriate Federal.agency in writing, mithin ten calendar days after receiving notice referenced in subparagraph (4)b from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide ~' notice, including position title, to every project off~cec or other designee on whose project activity the convicted was working, unless the Federal agency has designzted a central point of receipt of such notices. , 6. Tike one of the following actions, within 30 calendar days of receiving notice under subparagraph (4)b, with respell to any employee. who is so convicted: a) Take appropriate personnel action zgzinst such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or b) Require such employee to participate satisfactorily in a substance abuse assistance or rehabilitation program. approved for such '. purposes by a Federal, State, or local heahh, law enforcement, or other appropriate agency; 7. Make a good faith effort to continue to maintain a zJcohol -and drug-free workplace through implementation of paragraphs I - 6. The foregoing instrument adopted this day of January 1996, by the New Hanover County Board of Commissioners in its regularly scheduled meeting. Signed: ~, ~ Chairman, Board of County Commissioners2 5 5 ~: IO Alcohol Fact Sheet _.~ ~- .a Alcohol is a socially acceptab]e drug that has been consumed throughout the world for centuries. It is considered a recreational beverage when consumed in. moderation for enjoy- ~ , ment and relaxation during social gatherings. However, when consumed primarily for its physical and mood-altering effects, it is a substance of abuse. As a depressant, it slows down •, physical responses and progressively impairs mental functions. ~ ' . , . .. _- , Signs and Symptoms of Use • Dulled mental processes • Lack of coordination ` • • Odor of alcohol on breath•~~ ,.,,,. _ • Possible constricted pupils.. Sleepy or stuporous condition • Slowed reaction rate ' Slurred speech , . , ~ _, (Note: Except for the odor, these are general signs and symptoms of any depressant . substance.) ~ _ .. ,_ Health Effects ~ ` Tfie chronic consumption of alcohol (average of three servings per day of beer [12 ouncesJ, .. whiskey [1 ounceJ, or wine. [6 ounce glassJ) over time may result in the following health hazards: o Decreased Se~v'al functionins - - ... ... ..r,;:. _ • Dependency (up to 10 percent of all people who drink'alcohol become physically- and/ or mentally dependent on alcohol and can be termed "alcoholic") : ; . ~ .• . ~ ~ . , . • Fatal liver diseases.. . , ~ ~: • Increased cancers of the mouth, tongue, pharynx, esophagus, rectum, breast, and•malig-,, , ,: nant melanoma • Kidney disease ,. -. , .. ~ ' .~ .~; _ .. t ,, • Pancreatitis .. . -: • Spontaneous abortion and rieonatal mortality' ~ ~ ~ ~ ••-- ~ -~ • Ulcers ... ~ '~ . ... ; ; .~ ;;: ~r. • Birth defects (up to 54 percent of all birth defects are alcohol related). ~: ~~~ _. o. ~ Appendix F. Fact Sheets F-3 Apri1.1994 a Social Issues „• Two-thirds of all homicides are committed by people who drink prior to the crime. • Two-to three percent of the driving population is legally drunk at any one time. This rate is doubled at night and on weekends. • Two-thirds of all Americans will be involved in an alcohol-related vehicle accident . during their lifetimes. • The rate of separation and divorce in families with alcohol dependency problems is 7 times the average: • Forty percent of family court cases are alcohol problem related. • Alcoholics are 15 times more likely to corrimit suicide that .are other segments of the population. • More than 60 percent of burns, 40 percent of falls, 69 percent of boating accidents, and 76 percent of private aircraft accidents are alcohol related. ^ 'The Annual Toll . 24,000 0 le will die on the hi~ hwa due to the le all impaired driver. Pe P g Y g. Y • 12,000 more will die on the highway due to the alcohol=affected driver. • 15,500 will die in non-highway accidents. • 30,000 will die due to alcohol-caused liver disease. • 10,000 will die due to alcohol-induced brain disease or suicide. • Up to another 125,000 will die due to alcohol-related conditions or accidents. «or}.-place Issues • It takes one hour for the average person (150 pounds).to process one serving of an alcoholic beverage from the body. • "'Impairment in coordination and 'ud ent can be objectively measured with as little. as l ~ • two. drinks in the body. ; ` •• 'A person who is legally intoxicated is 6.times more. likely to have an accident than a • sober person. r • , . ~..: . r . Appendix F. Fact Sheets . F-4 April 1994 r• '~ '39774 -. _ Federal Register '/ Vol. 59, No.- 149 1 Thursday, August 4, 1994 /Notices resoludoa systems; analyzes formal..' - Lane, Rockville, l.iarylaad"20857; Tef : enter for Laboratory Services, a. invesugative reports; and prepares •(301) 443-6014. •~ ' • • " • " ~ ` Division of LsbOne,-Inc; 891"Lenexa proposed decisions for the Directoz, CDC: (6) der•elops and di ects the : ~ S11PPtF~t~t."rART MFORttATtOFl: .. ' ' 1 Dr., Overland Park, Kansas 66214, . 3 9 • ' • ~ • r , implen:e~tation o! special emphrsis • .. 1 -888-3927. " ~ • • • •: Mandatory Guidelines for Federal . Workplace DNg Testing were developed : Centinela Hospital Airport Toxicology . progrz.:.s for groups of minority; female, ~ accordance with Executive Order • Laboratory, 9601 S. Sepulveda Blvd- and/or hendicapped•employees, • .. . '12564 and suction 503-of Pub L 101'}-- . , ~ ~geles, CA 90045, 310-215- induding tieining and program ~ evaluation ncti~zties directed to meet . 71..Subpart C of the Guidelines.. . °~roficztion of Laboratories Engzged 6020. • ~..,.,;.... .. , . • - .. . ~ Clinrcal'IZeferenc© Lab'; 11850 West BSth inditisdual sad systemic special needs ~ Urine IJr•.:g Testing !or Federal SL• Lenexa, KS 66214, 800-445-6917. and emoloyee cnn~ins o theee ti l ~Agendes," sets atriet.standzds which Cox Medical Centers, De artment of ~ p i olo 'T par cu ar groups; and (7) identifies • laboratories must meet in order to ox c gy, 1423 North Jefferson • . • potential sad canner p~blem areas by: conduct urine drug testing for Federal •• Ave., Springfield, MO 65802, 800- ~ ' workicg do:.ely x-ith CIO Directors; • .agencies, To become certified an ~ ' . 876652/417-836093. . • Director, H~:r..an Iicsour•ces - . Management Ofnce; Afiizmative ' •. ~pplicentlaboratory must undergo three --CPF MetPath,Laboratories, 21007 Southgate Pez)<Blvd:; Cleveland, OH _ Emplo}-msnt Coordinators; and other • rounds of performance testing plus an • . To maintain that 44137=805.4;.(Outside OH) 800-338- on-site inspection - mnnege:s end EEO O:zdxls. ~ . . _ certification s laboratory must .. 0168/(Insido OHj 80062=8913 (formerly: Southgate Medical • Doted: t.tan•~ i7, ! a94. ~:. . paztidpate in an every-other-month ": ~• ' - Laboratory: Southgate Iofedical . Doan.. >= 5~ •L1~, ' performance testing Prog~ P~~ _ . ~ ' ' SerY1Ce3, IIIG). Sea~c:cry.. ~ • ;. •, . . periodic, on-site irs~ections. Damon/i~fetPath, 8300 Esters Blvd ; IFR Dac. t;;-19439 Filed &3-9.4: 8:45 amt Laboratories whi claim to be in fhe . . ' Suite 900, Irving,')''?( 750u3 214-929- • actin cvoF <,caiu • ~ -applicant stage of certification are not to the min;mum be considered es meetin , 0535 (formerly: -Damon Clinical • ' • g L aboratories). ~ _ ' • Subs~icr QStt:s3 end t.Sontal Hearth • ~ requirements ceased in the HHS . Guidelines. A labo:•story mu'sthave its - Dept, of the,Navy, Navy Drug Screening . l~)~retory; Great Lakes II Bulldin Se,-vlces .:d:nL~~stra*Jon ~ • letter of certification from SAMHSA, << • , ,. g 38-Fi, Great Lakes, II.•60088v223 ' Current Ust o; Laboratories Which , HHS (formerly: HHS/NIDA) which '• 708-688-2045/708-688-4171. attests that it has met minimum . . . ~ I3apL of the Navy, Navy Drug Sa•eening Meet Mlnlmum Standards To Engage In Urine D 3 T~J ~ndards. ' ~ • ' . •" I d h Laboratory Norfolk, VA, 1321 Gilbert ~ ru ng for Federal n accor ance wit Subpart C oithe . . SL; Norfolk, VA 23511-2597, 804- Agenciesand LfiSoratories That Have Guidelines, the lolloxingg laboratories 444-8089 exL 317. .' Wlthdt-aw•n From the Program ': - ~ meet the minimum standards set forth Dodon L.eboratory, Inc., P.O. Hoic 2658 ' AGExCY: Substanen Abuse and Mental ~ the Guidelines:. : ` .. ~ ;•.: , A.. ~ ~• 2908 julie:Dr.; Valdosta, GA 31604, • 'Health Sen•irrs Administration, HHS Aegis AnnlyUcal Laboratories, Inc:, 624 ~ Grass:aere Perk Rd ~ ' Suite 21 91~-244-4468. ' ~g Labs of Te2xas, 1520.1 I-10 East, (Formerly: Naticril Lssitute on Drug Abuse. ADA lil-iA HHS) ., , Nashville, TN 37211; 615.31-5300.' Suit©-125, Channelview; TX 77530, • , . . At:710N: Notice • • •• ~ - ._... _ • Alabana Reference Laborat'ories,~Inc, ... 543 South Hull SL iont o :e t AL • •713-457-X784:::. . ~~°Of• Ihvision of Laboratory of SU1Lrti.;,T: TLe i?epar•.ment of Health and . , g n ry; ~ 361b3, 8~4••-541931/205-263-5745. Allied Clinical Laboratories 201 Plaza Pathology of Seattle; Inc., 1229 Madison SL, Suite 500, Nordstrom Hu.~rn Services uoti es Federal •• !r agencies of the laboratories currently , 'Boulevard, Hurst, TX 76053, B17-28L- . Medical Tower,.Seattle, WA 98104, 800-898-0180/206.88-21i72~ • ' ' certified to meet atendards of Subpart C of Mznc'ztoy Guidelines for Federal 2257. American lfedical Laboratories, Inc., • . . (formerly: Laboratory,of Pathology of Seattle In'c ) - -'~ Wor lice Dru Testis g g ~°m's (53 14225•Kew•brook Dec; Chantilly, VA ~ 22021 703-802-6900 , , s .; .. ~8~• moo-. P.O. Box.2969, 1119 ' FR 11979,115.:6). A-~mila: notice listing aU •,zr:eatly certified laboralnriea , . Assodated Pathologists Laboratories, • ' Meares Rd. , tiYarminstsr, PA 18974.. 215--674-9310. ' dill be F::biished during the first week ' Inc 4230 South Burnham Ave.. Suite r~250, L:es Vegzs NV`89119-5412 702- Eagle Forensic Laboratory, Inc, 950 N. of each .~~n:h, end tpdzted to include •' , , 733-7868 Federal Highway, Suite 308, Pompano ' laboratories whi;~ su nest] a 1 !or and corip,ate the ce~rti'ficatioa PP Y '• . Associated Regional and University $~~;.~ 33082, 305=946324. E1SohJ}i Laboratories, Inc, 5 Industrial ' process. li any.!i.sied labor~tory•'s' ~ Pathologists, Inc (ARUP), 500 l~ipeta Way, Salt Lake City UT 83108 8U1- .• .Park Dr., Oxford, MS 38655, 601-236- ' • certii;cztiou is totally suspended or revoked. the laboratory w•fll be Omitted , , . 583-2.87.. .... 2609 (moved ti/16/93 )• • • ' -' . Fhcprasslab, Inc; A05 Alderson SL, from updzted lists until such time es it is recto: c~ to full certification under the Baptist ~fedical ~nter~-To~dcology • Laboratory; 9601 I-630, E:dt 7, Little . ~ho5old, WI 54476, 800-627-8200 (lotm@rly: Alpba Ivfedtcal Laboratory, Guidelines Rock, AR 72205-7299, 501-227-2783 ' ~, Employee Health Assurance . • . ' It any laboratory has withdraK•n from (formerly: Forensic Toxicology • Laboratory Baptist l.iedical Center)' ' Grou ), . General Medical Laboratories 36 S th the Natio:al.Laboratory Certification Progrzm during the past month it will gay~~ clinical Laboratory, 4555 W. '- , ou •~ B~ks St., Madison, ~1'I 53715, 608- , be identified as such at the end of the Schroeder Dr., Btmvn Deer, WI 53223, .267-6267. ' current list of certified laboratones, end ~• 41455-4444/800-877-7016... •~. Bioran b:edical Laboratory, 415 '-• Harrison Laboratories, Inc., 9930 ~Y. ' Highw•sy 80 Midland TX 79706 will be omitted from the monthly listing ~~~~ Maasechuseris Ave., Cambridge, MA ' , , , 800•-725-3784/915-563-3300 ' ' 02139, 617-547-8900. • (formerly: Harrison do Assodates FOR fURTKER INFOFU.(AT10N COfIi'ACT: Mrs. Cedars Medical Center, Department of Forensic Laboratories). ' Giselle Hersh, Division of Workplace . Pathology, 1400 Northwest 12th Ave.,• HealthCare/MetPath, 24451 Telegraph pli oom 13A-54, 5600 Fishers...' Miami, FL 33136, 305•-525-5810.'•: ° Rd., Southfield, Ml 48034, Inside MI: t ~. • • ' ' ~ Pederal~Registei /• Vol. 59, No. 149 / Thtinda Au • y, gust 4, 1994'/ Notices ' 39775 • '~ • 800-328-:142/thiLside MI: 1300-225= ~ IVattonal H~a1:5 Laboratories ~ "' • • • ' 'CompuChem~Laboratories, Inc.- ' 9314 (formerly: HealthCare/Preferred '• Incorporated, 13900 Park Center Rd., ~ Special Division). ~~' • Laboratories). ' ~ .: .:. , • • - ' Herndon, VA 22071,•703-742-3100. • Scientific Testing Laboratories, Inc., 463 ' Jex•ish Hospital of Cincinnati, Inc.,•3200 National Psychopha.-raarnlogy Southaake Blvd., Richmond. VA • ' ' Burnet A~-e., Cincinnati, OH 45229, ' .Laboratory, L•rc, 9320 Park.{Y. Blvd., ~ 23236, 804-•378-9130. ' • ~ ' '~ ` 513-569-2051. • ~ ~' " ':• ~; •~' •''• : ICrioxville, TN 37923, 800-251-9492. '•' Scott & White Drug Testing Laboratory; ' , Laboratory Sr.edalists,.L~c., 113 Jarrell,. ••• National Toxicology Laboratories, Inc., 600 S. 25th St, Temple, TX 76504, • • .~ Dr., Belle Chasse, LA 70037 50}- _ ,.1100 California Ave. Baker3fie • • ld, CA' ' 800-749-3788. ' ' " • 392-7561. • • _ •• •• ' 93309, 805-322-4250. ~ S.E.D. Medical Laboratories, 500 1Yalter ;Marshfield Laboratories, 1000 North =''' ,Nichols Institute Substance Abuse' .. NE, Suite 500,'Albuquerque, NM ' Oak Ave„ Marshfield, iYI 54449;715;- • • Testing (A':SAT), 7470-A Mission ~ .•~ .•~ 87102, 505-846=8800. •'~ 389-3734J800-222-5835. : ;. galley Rd., San Diego, CA 92108-'' 'Sierra Nevada Laboratories, Inc, 888 ' " Maryland Medical MetPath,1901 ~'~ ° '• ""• :4406, 800~;~g728/614-b86-3200: ' Willow SL, Reno, NV`89502, 800- ' ' 'Sulphur Spring Rd., Baltimore.1111] ' ' ~ (forzrierly: Nichols Institute). • '648•=5472: ` _"' 21227; 410-536-1485 (formerly:` ': • ~ i• 'N~~ti+~ Toxicol ~. i_'~ • •• • • • : •• : • Maryland'.iedical~Laborato ogY~ ~-.1141 E..... :SmithKline Beecham Clinical.. ••- ry. ~.' ' ~ 3900 South. Salt Lake City, UT 84124; :, 'Laboratories, 7600 Tyrone Ave., Vatr . ' National Center for Forensic Sdence). •; •: • 800-322361. ~ ' • '. • • • •. •• • ' : . ' • Nuys, CA 91095, 81B-376-2520. Med-t~ek/Daaon, 4400 Perry Hxy., • •.' .Oc~pational Toxicology Laboratories, .SmithKline Beecham Clinical Pittsburgh, PA 15229, 412-931-7200' • ..' Inc, 2002 20th St., Suite 204A, .• ' : • Laboratories, 801 East Dixiei Ave., ' ~• . - .. (formerly: tied-Che1c Laboratories; •...;' ~ Kanner, LA 70062, 504-•965-0751. ' •. ~ Leesburg, FL 32748, 904-787-9006 . " ' ' ' ~-)• ~ • Oregon hiedicsl Laboratories, P.O. Boz (Formerly: Doctors & Physicians -• • ••biedExpress/1~'ational haboretory~'. •` : '.972, 722 East 11th Ava., Eugene. OR . , Laboratory).. ~ ' . •_ :. . Center, 4022 Willow Lake Blvd., •' 97440--09i2, 503-687-2134. ~ SmithKline Beecha.•n Clinical Memphis, TN 38175, 901-795-1515; Pathology Assodates 2.iedical . • • Laboratories; 9175 Pr~esldential Dr., ; '' • Medical College Hospitals Toxicology :Laboratories, East 11609 Indiana, • • Atlanta, CA 30340, 404-934-9205 ' ' ' • Laboratory, Department of Pathology, • .Spokane, RYA 99205, 509-926-2400. (Formerly: SmithKline Bio-Scieace • •; 3000 Arlington Ave.. Toledo, OH: ~ PDLA, Inc (Princeton), 100 Corporate Laboratories), ' •• ' 43699-0008, 419-381=5213. ' ~'; Court, So, plainBeld, NJ 07080, 908- SmithKline Beecham Clinical, • ~: - . • Medical Sc{eace Laboratorie3;11020 W. ' 769-8500/800-237-7352.:. Laboratories; 506 E. State Pktiry.; • •.. Plank Cou.-t, ~Yaux•atosa, ~Yi 53226. • ~ PharmChem Laboratories, Inc., 1505-A .Schaumburg, i1, 60173, 708-885-2010 • 414-476-3400.' ' ` -• ~ ' ., O'Brien Dr., t.ienlo Puk, CA 94025, , ~ •' (Formerly: International Toxicology ^' MedTox Laboratories. Inc.; 402 W..:. • ...:' 415-~28~200/800-f4rr-5177. • ... .. .Laboratories). ~ •: . ..::County Rd. D. St. Par}l, 2~iN 55112.'' . PharmChem Laboratories, Inc, Texas : .•: SrnlthTQine Beecha.•n~Clinlcal' ' . '800-=832244/612-b36-7466.. : •- : I,livision, 7605 Pebble Dr.,-Fort Worth, . ~ •Laboratories, 400 Egypt Rd., • Methodist Hospital of Indiana, Iric:; . ; w :.TX 76118, 617-595--0294 (lotmerly: Norristown, PA 19403, 800-523-5447• . • : Depariznett of Pathology and • „ _ ,. Harris l,,i~~ Laboratory), . ._ . (Formerly: SmithKline Bio•Sdence • • .Laboratory M.edlcine, 1701 N. Secrete • .Physicians Reference Laborato 7800. '• BIPd-. Ladies! ILs rY• , • Laboratories), ' .. ' • po , IN 46202, 317- ,. .West 110th St., Overload Park, ICS SmithKline Beecha,•u Clinical . . • " 924-3587, '68210, 91338-4070/80021-3627 'Laboratories, 8000 Sovereign Rotir, , , • MethodLst ?.iedical Center Toxicalogy • (formerly. Ph}zicions Reference • 'Dallas, TX 75247, 214--638-1301•" ~ ' • Laboratory, 221 N.E: Glen Oak Ave,.. • Laboratory Toxicology Laboratory). , 44 '~ (formerly: SmithKline Bio-Science. . • .Pratte, IL 61636, 800-752-1!335/309- Poisonlob, Loc., 7272 trloiremont Mesa . . 'Laboratories). 671-5199. • ~ ~ Rd_; Sea Diego, CA 92111.619-279- South Bend Medical Foundation, Ine.,• ~ " MetPath, Inc.. 1355 Mittel Blvd., ~Yood~ `' • 2600/800_882-7272 • ' :530 N. Lafayette Blvd., South Bend, ' '• `Dale, IL 60191, 708-595-3888.. •,• • ..• PuckBtt Laboratorq, 4200 t.fomie SL,. , :: • :IN 46601; 219-234-4176. ' a' :• • Met!'ath, Lac, One Malcolm Ave„ . " j-fattiesb , hiS 39402 60 urda 1-264- • • Southwest Laboratories, 2727 W, , • ~ Teterboro, NJ 07608, 201-393-5000. .3856/800-844-8378. -. ' ' B~L~e ~„ Suite 6, Tempe, AZ ' ' Metropolitan Reference Laboratories, `. • '•R~on~ Toxicology Senfces,15305 •• ~ , 85283, 602-438-8507. Inc, 2320 Schuetz Rd., St. Louis, hi0: ' N.E. 401h,SL, Redmond, WA 98052, .. St.l~nthony Hospital (Toxicology ' 63146, 800-288-7293, ~ ' ~ ' • '~ • -.206-gg2~;00.' ~ ' ' ', i Laboratory), P.O. Sox 205, 1000 N.. • • ' . • National Drug Assessment Corporation, Roche Blomedial Laboratories, Inc:; : • LsB.St., Oklahoma Cit OK 73102 5419 Soutar Sti'estern, Oklahoma City.=,_ : 1120 Stateline Rd., Southaven, l` .:. Y• • . • ... . DK 23 i09, 80~-749-J784, (formerly_• _ 38871, ~ • • 405-272-7052.. : , ,• • ~. hied Arts Lab). _ 601,342-1286. .. '. •• 'SLLo'uis University • • ~ Forensic' ...:National Health Laboratories ~ 'Roche Biomedical Laboratories, Lac.. 69 • Toxicology Laboratory, 1205 Carr, ~~ . ~ • ~~••. ~~`' First Ave., Raritan, NJ 08869, 800- .: ~ ~ • Lane, SL l;ouIs, MO 63104, 314-577- • ~ Incorporated 5601 Oberlin Dr,. Suite.. ~ 437-4986 .: .8628: •~1San Diego, CA 92121, 619-455-;` Roche CompuChem Laboratories, lac. A~• Toxicology bcDnrgMonitoring.. .... ~ . ~~•'- _ `' . Member of the Roche'Group, 3308. •' Laboratory, Universit of Atissaur; ''~'~ .;National Health Laboratories : `'' =• •':•C3za 1 Hi1UNelsoa Hwy., ~p Y _ . ' 'Incorporated 2540 Empire Dr.' ~.•.. • ~-'.. -T Ala P ~8~ H lint L~ Clinics, 30,1 Business Loop . • ~• '''-' rung ark, NC 27709, 919-549-".• _':. 7o west. Suite 208, Columbia, MO ' ' .WInston-Salem NC27103~710,"'"'~'~' :82g3/SQ~833-3984 (formerly: '• ..Outside NC: 919-760-4620/ • 65203, 314-882-1273. , • • , Ba0-~34~'• . ••: ~PuChem Laboratories, Inc..A To:cology Testing Service, Inc, 5426 • . ~•• ,8627/InstdeNC: 800-6.42-0894: •~• Na " of Roche Biomedical . ~ th Ave., Miami, FL 33166, tional Health Laborato ;. 's, :;. del . , ,:.• N.W. 79 . . Inco ties :_•,- •._.. •Laboratory .' .. -, 305-593-2260.. .•.. , '''• ' ' ` rparated, dba. National' .. _ Rocha'CompuChem Laboratories, Inc:,.. ; TOXWORX Laboratories; Inca 616U • ~ Reletenre Laboratory. Substance . •;'•:.;' , Sp~•~ Division. A Member of the . ~ Varfel Ave:, Woodland Hills, CA ' • ' • , . Abuse Dirlsioa, 1400 Donelson Pi1ce 3308 Cho - ' _ Suite A-15; Nashville 17~ • • - Roche Group' 1~1 Hill/ • ~ ..,.91367,.818-226-8373 (former! . '• ~ • ' ' .615-360-3992/800-8 ' TN 37Z • ..: ~ •rlelstin Hwy.. ~ Triangle Park; ,_ :Laboratory Spec3alistT. Inc;: Abused .~ _ . `. OQ•-4522.•.:r: , . : SIC 27709, 919-549-8283 (formerly:'''• ~ 1~g Laboratories: tvledToz ` f' ," '. '.. ~ ~ _ 39776• Federal Register /.VoL.59,,No. 149 / TIIt:r•sday, August 4, 1994 / Notices ~ ~ • Analytical, a Divisia~n of MedTax ~ . ' Laboratories lac). • wilderness and.aceaic dualities along R "mentioned is prohihited:.'Thespeecl • , • -- - IJNTI.AB,18408 O~mard St., Ta,rrans,.. • the Klamath iver from damage and . ~ disruption.by mota:•i ed vehicles. The .' limit in all reasation site: is ten M.P.H.' ' . ~ • • CamP~B Pa.-ties at Topsy Recreation :• CA 91356, 800=492-0800/81843- 8191 (formerly: MetWest-BPL . -authority for this closure is 43 t~'R •' Site are limited to no more than twelve T • • Toxicology Laboratory). 8341.2 aid 43 CFR 83652-4. The people and two motor vehicles per closure will remain in.etied until an ofI '• campsite. Horses'sre not allowed within : The following laboratory withdrex , from the Prograul on June 16: highH•ey vehicle (Ol-I~~ designation ..' plan tar t);e upper Klamath Rives.. . this site: The discharge or use of fir•earrna; other weapons or fire1,• rkslt t y a Precision Analytical Laboratories, Inc, 13300 Blanco Rd_ Suite x150 Sao Canyon is completed. - • , o aot,permittcd between Topry Road and • , , . Antonio, TX 78216, 210-493211. In addition, the following are use' ~~~~ for four de,~eloped the J.C. Boyle Reservoir firm ,A mile ~ above to'r6 mile below t)zis ate • ; The following laboratory will be • . withdrawing fiom the Program oa ' ' ' reaeation sites in a'near the Klamath • River Caayna: • , . • •. .. .. Finally.. all. public lands is the Klamath River Canyon fi~om J.G Bo le . August 12: •. The whiterdater beat access. in the Powerhouse. located in NEB/. of Sermon .. • ': Saint Joseph Hospital Toxicology - ' NEB/aSE~/a°of Sedioa 14, T. 40 S., R e' 14, T. AO S., R: t3 E., iY.M:, to the a . • Laboratory. 601 N. 30th' St_. Omaha; E. W.M., is dosed to the public firm"'.4 Oregon/Calfnrnis'border, are dos©d to • NE 68131-2197, 402-444940. '. hour after sunset to ~f~ hour before '' s ~rg~ shooting. finm ., . ' Rkhard Koptnda, sunrise. Camping, ose-nit parking, or May iat to t7ctobor 1sL This • Acting Fzsutn•e ~crr: Substance Abuse fife building, the du.~.-ge or use of • ~~~ does not afiect'legal hunting a and Mental Health ScrviccrAdu:lnistrorion. firearms, other weapons, or fireworks, ,of game birds and aninisls, ~ Th ri CFR Doc 84-I8798 Filed b-3--8;~ a:45 em) between thsrives and the neGess road c3se rest ctions are necessary to e~ a~o+e a,a.,~..u ~ from ~. mile above the cite to ~/. mile Pent resource dain.age to soil ~, .. below the ate, is not per~itled.. .• vegetation, v.•ildlife habitat,.to protect , . UnatteIIded Yehides within the posted . . ' viaitOr6 iznm aCCldenta and crime; to• ~.. ». DEPARTMENT OF THE 1NTERtOR ' • turn-around area ~ mile past the boat' . Prot public fadlities and campsites . • .. ` • . ,. access entrenca is prohibited. ~ ~m vandalism and theft, and to •. • • Bureau of Land Management •. . All carpsites nt _the Kls`math River .• . . Promote semi=wilderness and scenic :•. ~_ .~ . • Closure of Public Lands; Oregon Campgi'vund; located is Sti9~/. of Section 26, T. 40 S., R e R, WM., are ..Qualities.: in the Klamath Rivas Canyon.. •. • The`fluthority.lor these use restrictions " ~ • AGFJtCY: Bureau of Land Management ~~~~ to ~p~g P~~ of no more is found under 43 CF12 8365.:These use , ' Lakeview Distiict,~Klarnath Fa1Ls RA .' ' ' OR-014-4333-04 64237. than riirolve people and two motor vehicles. All campsites nt ZLrtle . • restzctions rtirill remain in ailed until'a ~ , • river management plaa.lor the upper ~~ • /lC1'lOtt: Public notice of em• ergenry road Primitive Grou Cry un P, pig d, loafed . Klamath River,is com feted..; • i P .•. . • dosuresmd use restrictions in the ~ in the SE'/. of Secticn 34, T. t0 S., R..' t3lJPPt..EMt?1TART IHFORIrUlTlOtt; An Y •• . .. . Klamath River Canyon and Topsy :. , 6 E, WILL; ere restricted to cam in P 8 . P~~ who fails to compl with thcie . Y . , ' Recreation Site. parties betr.•een'eight and thirty-five closures and zest~ctions is eub)eQrto the • S1JILf AR i N i le from 2.iay 1st to October fat; ' P~hM Pro~?d~ x`8360.0-7; ..• ` .; l i Vi • d T: ot ce s hereby given that all ern OQober thrrn:r~ April, camping at o ons are punishable by a fine a ot ~ ,.: ' public lands in Sections 23;,26, 34, and 'parties ~? bd betx~een ore and thirty- : . to exceed S 1,000 and/or imprisonment • • . • 35 of T. SO S., R 6 E, and Sedlon 3 of '` •five~ le at each r..mpsite. The • c • : not to eicceed 1'Z months, a T. 41 S., R 6 E., Willamette Meridian dLs har~ or uso,of fi.~ea.:.s, other • ' FOR FURTF{cR R1FORl.UlT10l1 CONTACT: Lee (W.M:) between the canyon access road weapons, or fireH•o;ks is not pprmJttcd • ~ 'Buachkowsky orScott Banter, Lakeview : . , west of the upper Klamath River and the , ~ between the main mess mad and river ~ >x~ct. Klamath Falls Resource Mee • •' ' river itsellare dosed to all motorized ' from ~. mile above.each site to'/a mile • , 2795 Anderson Avenue, Building 25, vehicle access. Two developed below each site... , '~ ~ , , • Klamath Falls, OR 97603, (503)883- " . . campgr•ouad roads: located in the S~Y~a At these tree ca~p~ouads eswell as . .6916. _ of Sedion26, T. 40 S., R 6 E and the • Topry Rec•eation,5t:e, located in NWT/. Dated; July iz; tress. ~ ' ' ' SE'/. of Section 39, T. 40 S., R. 6 E„ • W.l.i., era exempifrvm this closure. • of Section 6, T: 40 S., R 7 E., WM., all : ti g•«n g~~ - must b@ aecu.-ed to a leash no • . a .'Motorized use fa these two campgrounds is restricted to the exis3ing longer than six (eat at all times.'Hurnan . waste. can~be deposited only-in toilet . ~7omothFallsResouraAnrortlonog-- ;,~ ~ Doc o4•-ias5o Filed• t3,3-t}4; a:ls;c~l ~ _ ' . . . roadbed and designated parking areas, ladlities.~U^..reasonable noise that ' ° + ~a cove a,FSS~ . ' .. .In Section 35, T. 40 S., R 6 E, W.M., 'disturbs other visitors is prohibited. • motorized vehicle use on public land , , Personal property cannot be left _ :; ,. [CO-030-42t0-05; COC5b965) • '. ~ between the east canyon rim and the unattended for over r.~•enty-four hours; ~ • ~' liver is rosu-ided to the main access pm~sonal property left-unattended ~nY AcUon Non t;,ompetitlva Sate of _ , . • road. Existing "Jeep" toils in thin • ~ beyond curd time is cubjeci to _ ' l.eitds, Colorado . s©dion wilt bo'ppen tenon-motorized ' use onlyy. ' di sition under-the Federal Property ' . and Ad i i t ti S • -i of A • AOptOY- impartment of the Interior, . • Padfic Power and Light Company and governmentegency vehicles used'for m n s ra on e. r ce ct 1839, es amended (SO U.S.C: Sti;(m)). Entering or remaining in these recreation sites • Bureau o! Land Management.. ' ~~~' Designation of public lands ~ ndminis-trative,,emergenry,'or law • • enforcement are exam t fro - P~~ between 9:00 p.m. e.ad~6: atm., ezcept.as : an c i itt d t O located in San Miguel.County, Coloiado -. aa'being suitable !nr disposal out o! :; .. ~ ,, m P thin motorized vehicle closure. • o cu s no perm , e pen PynL $res are to be built in existing firegrates . federal ownership through sale. • The Purpose of this closure is to Protect the river bank and riparian. o two in cattier ,~or in' of . • ~Y~ PP 8• 8 JAB, live.treea is prohbited.l.!oving any a sv t,{1,tART• The folloKwg~desrnbed ;' ' ' public lands have•been determined to•be , • vegetation, cultural resources; rcildLfa ~ ~tation,.sollg, and aemi-. table, fire,grata. barrier. garbtge.can, or' other equl rnent"af all reQeadoa sites • suitable for disposal by sale utilizing .: non-com titi d ~ • ~~ • • p - pe ve proce ures, at oat less •• - ' ." .' } .. . 1 Federal ReRis2er /Vol. 59, No. 7G / ~1'edaesdav, Aoril 20. 1994 1 tiotices ~ _ -- r ~ , i 18839 Natlonal Hlghvay TratGc Safey • Adminlstration (NMS/l Docket No. 4~--021; Noti:y 11 • . - Highway Safety Program.;; Model Spcclficatlons for Devices to Measure BfaaC~ Alcohol . AGENCY: Natioral Highway Tra7ic • Safety Admi :isLration. DOT.: ' - AC'T10N: Notice. ' ~ Suu1lART: This notice amends the . ' ' Conforming Products List for . ' instru.-tents that conform to the Model ' Specifications for Evidential Breath ~~ Testing De~•ices (58 Fit 48705). EFFEGTfvtc DATE: April 20, 1991. ' . • • fdA FURTHER kIFORJ.tATFON CONTACT: Mts. .Robin Ma}'er. Office of Alcohol and State Progzans. NTS-21, National Highway Traffic Safety AdmirSs4ation, 400 Seventh Street SW., ~I'ashington, • ~ DC 20590; Telephone: (202) 366--9825. SUPPLtJdF1CTART INFORllATtGN: Qn .. November 5, 1973, the Natioral Highw•ey Traffic Safety Administration . , .(PIHTSA) published the Standards for • ' • Devices to Measure Breath Alcohol (38. FR 30459). A Qunli.fied Produrs list of , ' E~~dential Breath Measurement Devices " comprised of (nsL-untents that met this ,.;,. ' standard was first issued on November • 21, 1974. (39 FR (1399). , ,... ~ ~ ~~ ' Cht December 14, 1981 (i9 Fit 46854), ' :'" • ~~ ~ '.` h'HZ'SA eonvertcd this ctaada:d to ' . ~• Mode! Specifications for Evidential Beath Testing Devices, and a ` ' , ' ~ Conforming Produce List (CPL) of ..instruments that were found to confotzrt to the Model Specifications was published as Appendix D tothat notice ' (49 Fit 488641• ~~~ ' ~ Oa September 17, 1993,•N1fTS.1 ' published a aoticx (58 F e'Z 48705) to ' "amend the Model Spodfiutions. The. ~• ~ 'notice changed the alcohol ' ' ' ~ ~ concentration levels at which ' "" "' lzstnuaents rse evaluated, Eom 0.000, ' 0.050. 0.101, and 0.151 HAC, to 0.000, • • ~ ~~ , • • ~ 0.020, 0.040, 0.080, and 0.160 BAC; • ~ .~ added a test for Lhe presence of acetone; • and expanded. the definition cf alcohol . -' to include other low tnoleculu weight • '~~ alcohols including methyl oc isoprop}•1. ' ~ ~ ~ The September 17, 14.33, notice ; indu.'.ed, as Appendix A. a Cor.~orrt{rag • . • • ~ r , Products List (CPL) identifti•irg those ' ' ~' : ~', ~ . : ,: : ~ mstru.-neats found to confom with the Model $pocifieations. ' Since the last publication o: Lhe CPL. ' ~ six (6) instn:mer.ts hate been e~•alu~ted - and found to meet the model ,. specifications. as amended on September 17, 1993. for mobile and non•mobile usa: CM1, lnc.'s, Intoxil~•zer • SOOOCD/FCS and SD2: intoxi:neters ^^ d Alcomonitur~h 1 IR EC ' an - s Ini~z lnc. _ .. . " ,. C 188.10 Federal Register /Vol. 59.~ tio. 7G / Wednesday: AoriT 20, 1494 /Notices Life•Loc int.'s PBA 3000B: aad National CDNrDnMING Pn000CT5 LIST OF EVI- COtvFOnM:NG PRODUCTS UST OF EVI- Draeger, L~c:'s Breathalyzer 7410. The designation of the National Draeger DEh ~ tAL BREATH MEASUREMENT DE• DENTI:.L BREATH MEASUnEMEN7 OE- "Breathah•zer 7410" represents a change VICcc-Continu ed VICES-Continued In the model designation, hori "Alcalest 7410". Marx,:acturer and R,~t Mobib Nonrriobib Marwta,-vrcr and noel Mobile Nonmob;b The Conforming Products List is therefore amended, as set forth below •to • ~;, into:,meter ' X X Plus < Er+Gmeering, , ., . reflect the results of these evaluations ; MK Iv , Mirmrm, Ca . It Identifies those instruments found to - • " Auto lntoximeter' ' Intcz;meter Model X X X X 5000 Pka<• -..__ X Siema.v-A,7u, Cherry X conform with the model specifications .. 3000'. H;u, w as amended in 58'FR 48705 (September :• : . 3000 (rev Bt)• ._ X X AlcorrsaY ___._._ X' X 1T. 1993), and also those instruments 3000 (rev B2)' _. X X Akorrat F' ..~__ X X found to conform with the Model • ' . < 3000 (rev BZA)' . X X Smith and Wesson Specifications detailed in 49 FR 48854 3000 (~ BZA) X X E~~"a. SP^nd- (December 14, 1984). ~ wrM opdorY, field, MA ' 37)0 (Fuel Ceaj• X X Braatrtia.'yzer X X CONFORMWG PRODUCTS Llst OF EVI- ~~ 0' ""--° X X Modal ~~• ~ DENT1Al BREATH MEASUREMEF•IT OE- ~~ : ° ' 3)00 OFC' .__- X X •• -- X ~ 1000' X X X VICES ~ Akar'~onitor _..- :~lkanorvtor CC _ X X X __.____ 2~ -------- X X Manu(actunr and AkaSeruor III __ • moc~sl Mobib Arco-Senior IV ._ Nonrnobib • R5T III -..._. A1xho1 Counter- ' • R5T II1-A measures Systertt R5T N ..____-- Inc. Part Huron,~Mt ' • • Iritc: EC-IR _-_ Alert .!;LtD• ,_.:._ X X , ~ Komyo Kiacawa, BAC Systerru, inc.. Kam. K.K. Ontario,. Canada Iltco+yzer OPA-2' Breath-%lnalysis . X Breast AJCOhd ' Computer', Metet PAM , CAMEC Ltd:. North 101 B'. Shiek~s, Tyne and Life-Loc. Inc., Wheat ' , Ware. England .. .. ~: R a CO '~ . Ili Breatft ..... ~ ,X .,. ~ X _ PBA 30008 ..._ Analyzer'..... .. . . P8A 3000-?' •• .^ CMI, Inc., OwensSoro; ~ Lion l.t5oratorie-s, ` KY ~. Ltd, CarGt1, Wala, Irrtoz;hzer I.SOdel , X ~. • . X; ..: UK , 200. . ,. Alcoimeter•Model 1400 .. X X.' ~ AE-01' 4011' -----. X . ., X ,.. .. SD-+2' - 40ttA' , X --•- X .. ' EBA' __ 4011A5' I X X Aut~Alcdrneter 4011AS-A' ' j( X , Luclcty lb'AraUrleo, 4011A5-AO' .._., X X ,San, 6ernaor~o, CA 4011 AY.' ....._._ X"' :- X '. /Uco-Analyzer 4011A27-10100' ~ X •x .. Model 1000'. 40t1A27-10100,_, .X" X , _ 2`~• --•--- wiat Slier'.. r tlatiortal-Draeger, r X00' ....... ----. X .:. X ,. .Inc.. Pi's5vrph, PA 5000 (w/Cal. .._' X •, X .. Al~tesl Ltodel Vaaor Ro- ° 7~t0', CirC.)'. - 71,0' _._.~. Sooo (wnb- ID z ~ x :..7410 _._ Hose option)'. .. ...; Brea7ialyzer SOOOCO .._ X ~ X ." ~ ... ' Modd 900'. SOOOCD.Ft,,S _~ X , •, X 900A' _.._...__ 5000 (CAL DO.!)', X .. : . _ 'X .. • .. ~ 900i3G' _--...-- SaoovA ...___-- , x • . X • 7410 __:..........._ PAC 12CC' ....._.. X' ~ - X • National:Patera Ana- S-02 . _..._:._ ... X X tyt~cal S~sterru, Decator E~- ~on~cs, '_ Inc., N.anslKld. OH ~~' ~•'. it ~ BAC DataMaster Aka•Tettor X BAC OataMar mo0e1500'. ter-Transport. brio:irr,eters. Irc., SL able. Loins. MO Om~con Systems, ~+QtQ Electric X r Pab Atto. CA 2 i ;meter'. ~. Irttoieyrer 1.AOdel onrtwler X X 4011'. MK It', a0t tAW' ' X X X X X X X X X X X X X X x x' X x~ x x• K { C X 2000 (nor~}fu• X X X nidrtY Sensor)'. X Stephenson Corp. r X Breattuyzer 900' X X U.S. Alcohd Testing, X IncJProteciort 0o- X vices, Inc.. Ranrl~o • Cucarnon~,a, G1 . A1co-Ara.~rzer X X 1000.. X • A1co-Ana.~rzer X ~ ' 290CL . Aloo-Analyzer X • X 2100. Vcrax Systems, Inc..' X Fairport NY X BAC VeriSer' _, X X BAC Ver;Ser X X Oa~rraxeY, BAC Verr:4er X X Oa~+rrtestet II•, X - X 'Instrurnerrs marked w;ttt an asterisk (•) X meet tt~e I.bdet Speufcatiore detailed in <9 " ~ X FR 4885.1 (Decerrrier 11, 1984) (i.e., ktstty- merits tasted at 0.000, 0.050, 0.101, and 0.151 BAC.) Ir3trtrners5 not rrerked wisJ1 C1 aStfft3tf R1Ntt V'1e Model SOecrficatrocts do- X tailed ;n 58 FR 48705 (SepterrtDer 17, 199)). R3 US.C. 4~^2; deb5}atiorts o1 atthority al <9 X CFR 1.50 and 501.8) btichwl B. HrvxaJ«, Assoeiata~tdcunisUvrorjorTro~cSojety X Progaras. X , (FR Doc. 443510 Filed 4-111•-9•t: e:4s am( X arty+a coot .., o-.s.-. X • NOTE: Instniments not marked with. an asterisk are the only instruments which meet the requirements for DOT Workplace Alcohol Testing under 49 CFR Part 4 0 . •'12('12/1995 13:33 9197331391 PU3LIC TRANS RAIL PAGE 02 ,I e i t TRANSIT SYSTEM :1M1L• ~itc~ l~ f_¢V C'7`'' POLICY REVIEN SUI~'lMARY POLICY CO`1FnlrErrP ~OMPLIAT~'Cl~ • Ovecti-icw ~ .Objective of the policy ~~ ~ JZ, v • Employee categories subject to test~g ~ Safety sensitive functions or positions 2. Z,v Volunteers ~ V ~ ~~.,,~~, ~~ , ~~~ . v t Participation as n rcquircrncnt of employment !~- •2 • Required hours of cornplinncc ~ Period of coverage ~ ~ ~ ~~~ V 4 Prohibited Behavior . ~ Unlzwful manufacturing, distributing, dispensing, possessing, or using („ controlled substances in the workplace I v ~ Consumption of alcohol ' G' ~ J + 4 Hours prior to performing ~ `, • safety-sensitise functions , s 3 Hours following an accident • //' .. % ~- • On-cal! • 6.~ • BAC of?0.04 when performing a f e I ~ ~~ sa ety-sensitiv function 1 263 • 12/12/.19S9 13: 3B 9197331391 ; .. ~ _~ PU3LIC TRANS RAIL . ~ P~u'c E~3 , . ' /, .' ,. . POi.iCY C'O?Jp,~'T ~ , ~OMpJ,iAiy' ~ ; ~ : ` ~.' '~ ~,OMM~NT~ ~ Ingestion of prohibited drugs ~~ - ~. .T.~ .~_ Circumstances for testing . ~_. _' .~.-Pre-employment, .._ _. ,. y . 1 ~~ r /l `~ ,t~rl['~a]~ ~~ r i V . ~ Reasonable.suspicion ... _ . _ _ . . ". ~ ..,._ .. _.. aPost-Occident M . .. m (l ;~ ~~ -.- ~ifiU.:. {~•, t~~ .;- Random. .Return to duty _ _ ~ ~ ~.~ .. _ .. _ _ a Follow-up. ~.. .. ~ I(~7 . o. Behavior that constitutes a refusal to submit to a test ~ _ . _ - : _ ~. Refusal-(verbal or physical) .. l~' ... .: ~ Inability to provide sufficient 9uantity . _ /~~ l0'~ . ~ Tampering.or adulterating specimen L ,1\Tot reporting/dcla}•cd for test. . ~ j 1 . . Leaving the scent of an accidtnt . . :: ~ Y ~ Testiug procedures ~ Part 40 ~ ~.,L _. _, Urinalysis __ _ . ~~ ~~ • Evidential breath toting ,. I f h.~~ Zs~.. . u a v i s t i •12/12/.1935 13:33 9197331371 PU3LIC T~~3 Rr11L. S'o~tpt-rat.C~ C(?~1h1EKL r~u~ o=ff • Non-evidential breath testing ~ f f~a,~.. ! '~ /~ ~'`"~' S1 Lv.f 'aYQ • Privacy ~ ~~ • Integrity of process t~ 'L • Test results-correct employee • Information disclosuze ~~ ~ a~ v ~ .Consequences ~ Test refusals ~ Positive drug test ~~ Positive alcohol test to ~~ a Alcohol >_ 0.02, < 0.04 ~ ~ .~ . ~ .Removal from safety-sensitive duty ~ ~~ ~ SAP referral `,~'~ ~ 1 (~ ~ Agency discipline ~1- '~ b ti Identity of contact person '~~ t I/Ifects of alcolioI ~~ Q zap . f Additionui emplo3•er provisions . . O~vn authority a ~ Ee'~ ~ ~ • ~ ~ ~t ~+ ~ .r A a - ~~~ ~' f~ J' / 265 •12/12/..1999 13:36 9197331391 rU3LIC ~K~=uvS it;a1L POLICY Co11tPONENT ~OMPL[ANCE COMMENT r.,~~ u~ + Approval by govez~ning board ~ Date ~ l 1v ~ ~' L Y + Prohibited Snbstunccs ~ All'~controlled substances ~ 5 ,~ ~ Test DOT S .. ,1~. ~I e ~mpIoyee requested testing ~ Who pays ~ , - • Notitication of drug statement --. , ~ Conviction rr ' "~~ 266 e e i i REQUEST FOR BOARD ACTION Meeting Date: 01/16/96 Regular Item #:. Consent Item #: 9 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell JUtiJL' l: [ :. Committee Appointments BRIEF SUMMARY: Committee: Nursing Home Advisory Committee RECOMMENDED MOTION AND REQUESTED ACTIONS• Make Appointment FUNDING SOURCE: Federal S: State S: County S: User Fees S: .Other S: Money Is In Current Budget: New Appropriation Request: $udget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ~.~~R~p~p~yy W(r~~.~~-';nr~*~+epa;~~>~}$ajp~f} nC~ylrrFyy~~,, ~Fd'~6oA ® k~'~~Udlllldlf~Mtl~40da~5'~+1 267 Refer to Office Vision Bulletin Board for Disposition O ,. , . ;. _ COMMITTEE APPOINTMENTS ;~ ~ ,. ~ : NURSING HOME ADVISORY COMMITTEE .., a 1 VACANCY ~ ~~ ~ (~ Reappointment of Ernst M. Swart for a 3 year term as a representative for the Nursing Home Administrators. APPLICANT: a Ernst M. Swart x ~~ a ._ .:~.~.. ~. ~. o Attachments: Committee Information Sheets ~~ Applications ,. ~,. ,., , 268 ~~~.... ~~_~.: ~~~:~. .. ~, NII~2SING 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. 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 shall 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. TERM PRESENTLY TERM CIIRRENT MEMBERS SERVING EXPIRES Edward V. Grace first 7/31/97 301 Honeycutt Drive Wilmington, NC 28412 (Appt. 7/26/93 to 1-year term) 392-5692 (H) (Appt. 7/18/94 to 3-year term), Eileen B. Rock - first. 5/31/98 8742 Bald Eagle Lane Wilmington, NC 28405 (Appt. 5/16/94 to 1-year term) 686-7337 (H) Appt. 3-year term - 5/15/95 Anne Hardaway first 7/31/97 1951 Knollwood Road Wilmington, NC 28.403 (Appt. 7/26/93 to 1-year term) T62-6295 (H) (Appt. 7/18/94 to 3-year term) Lyn Williams-Yow first 11/30/96 610 Dock Street Wilmington, NC 28401 (Appt. 11/20/95 to 1-year term) 763-3890(H) 763-5558 (W) a ~ 269 NIIRSING HOME ADVISORY COMMITTEE (CONTINIIED) TERM '' "... ' - - PRESENTLY ' :'r TERM CIIRRENT MEMBERS SERVING- E%PIRES Nora Bednarczyk - ~ `first 4/31/96 145 Navaho Trail Wilmington, NC 28409 (Appt. 4/18/95°to ''" 1 year term) 799-1259 (H) _ . 5 Elizabeth A. Weis ~ ~ first ~ ~ ~~~2-28-96 3224 Amber Drive Wilmington, NC 28403 (Appt. 2/20/95 to l-year term)`•• 392-0916 (H) 343-4357 (W) . Nominated by~Nursng Home Administrators: ~~ Teresa D. Goldston. - first °' 6/1/96 ~ • 22 Scotts `Glen Drive ~ ~ ~ • Wil~iingtori', "NC ~ 28405 " ~ y (Appt. 6/1/92 "to 1 -year term) .. - 686-0597 (H) ~ '(Reappt..6/21/93 to 3-year term) ` , Ernst M. Swart ~ 'first 1/31/96` `'~ 203 Eggert Avenue Castle Hayne, NC ~ 28 429 (Appt: I/21/92 to 1-year term);:. . 675=0770 (H) ~ Reappt: 1/93 to 3- year term)` Staff Support: Region O Long Term Care Ombudsman, ~' "' Cape Fear. Council of Governments `~'` ~~ $ ~ 1480 Harbour Drive, Wilmington, NC 28401 ~ ~_ 11/95'` .. File: /Nursing - ~: - _ ~ , -- ; 0 in ,'~'`' Board of Commissioners New Hanover County 320 Chestnut Street Wilmington, North Carolina 23401-4093 Telephone (919) 341-7149 u~ Application for Appointment to Boards, Committees, and Commissions Appointed by the New Hanover County Board of County Commissioners. Request. for Appointment to: r~ -{- (Please type or prim in b1avE ink) Name: ~1/ S I ICI < <~l.Ji~Ii~ _ How long. have you been a Address:~U J~ ~G~~~c resident of New Hanover County? L! f. 0 0 '.l ~~ ~.' i +I L~~ Telephone: Home: (, 7 ~ - U 7 ? y Business: * Sex: M * Race: ~ * Age: ** Employed by:_(`~~ l~~r~~~"!1 L ~ ~ ~' nit. r ;, 4 ~ job Title: ~~~f~~ ~ ~ c ~,~,~,~ ~. Duties Performed: ~ ~ ~ ~~ ~ t th N ~ ,•^~/~ L~ ~ ~ !V .S ~i i ~~• Professional Activities: Volunteer Activities: ~'._.~~ e~c~s ~f-c~-~~NyR d- ~-~ ~-~}~b(;~E~l ~c(-c,N~ee~ nnr ~~/cg Why do you wish to serve on the Board, Committee, or Commission requested?. ~intru~4 ~-~ ~~ fo ~ r~ P !~tiSvitF t~,.t ~ 'ti~;;?~ w;, ~~~,.: ~ ~ .,.. r .. YFf ~-l~~ ~~.gF ~esS~bC~ C~ie~ What do you feel are your qualifications for serving on the Board, Committee, or Commission requeste3? ,~1ii~_)aRS A4 !~ ~RI~Nc~ GN~~ ~~Cae~ fo /VuRSt~G ~M~ ~?~StC'~i~.N+$ Whalt ar1eas o~f/concern would you like to see that Board, Comm1 ittee, or Commission address?I~,. ~~ he.Lr~ I\a. n ~~~I 1; f~/~~ .~ ~/~.u /1C ~nh/~Fr.Rt,d~~~l= /ldl~ ~1 t=S/-~~1rttS I~^~~$I ' This information is requested for the sole purport of assuring that across-section of the community is appointed. " A Anson currently employed by the agency ordepartmcnt for which this application is made, must resign hisJhcr position with New Hanover County upon appointment, in accordance with Article VI, Sec. 4 of the Nero Hanover County P/crsonncl Policy. /~ Date: f ~ ~ 7- :CJ l ~/~f Signatu (Please use reverse side for additional comments) ,~Y'"1'~~ Nl3'/ HAr`!(1VER CO. REQUEST FOR BOARD ACTION Meeting Date: /16/96 Regular Item #: Consent Item #: 10 Additional Item #: Department: County Manager's Office Presenter: Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Approval- of FAA Grant Amendment for New Hanover International Airport Taxiway Lighting Project. BRIEF SUMMARY: The AIP entitlement funds are required to complete tie taxiway light rehabilitation AIP Project 3-37-0084-17. RECOMMENDED MOTION AND REQUESTED ACTIONS: ~ Request the Board of Commissioners approve the FAA Grant Amendment. I 0 FUNDING SOURCE: Federal S: State S: County S: User Fees $: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: Approve requested grant amendment. Authorize C an Greer to sign amendment. r ~~~~~~tl( ~~~~e~~U~~~~~s>~~ 273 -~ Refer to Office Vision bulletin Board for Disposition Airport Authority wnuam Schwartz ~ ~ ~ ~ NEW HANOVER a ,cna~rman INTERNATIONAL Paui e. eregorv AIRPORT Vice Chairman ; - • Parks L. Gflffln ~ Shirley 7. McOUeen ~ - - - - - _ win A. Roseman. DD5 1740 Airport BOUIeVard u . Wilmington; North Carolina 28405 Airport Director 19101341.4333 1 ', Robert 1. Kemp (9101341.4365 FAX u . ., December 29, 1995 MEMORANDUM To: Allen O'Neal County Manager From: Robert J. Ke ~ Airport Director Re: FAA Grant Amendment ~--y AIP Project 3-37-0084-17 U Attached is FAA's 12-12-95 letter to Mr. Greer together with the original and five copies of the grant amendments for the above project (taxiway light rehabilitation): This amendment is necessary to make available the balance of this airport's 1996 AIP entitlement funds which are required to complete this project. The Authority will accept the Amendment at their next meeting on January 10,1996. Would you please request that the County Commissioners take the necessary action to authorize the execution of the Amendment at their next meeting but prior to January 19,1996. If necessary, I will be happy to attend the meeting. ~ . Thanks. - Enclosures • - • • - , K487 _ .,_ . _ •_ •i i y V 274 ~ -- , -~ .. ~ . , r k ~~ U:S. Department Atlanta Airports District Office of Transportation Campus Building Federal Aviation 1701 Columbia Ave., Suite 2-260 Administration College Park, GA 30337-2747 (404) 305-7150 FAX: (404) 305-7155 December 12, 1995 The Honorable Robert G. Greer Chairman, New Hanover County Board of Commissioners County Administration Bldg., Room 305 320 Chestnut Street Wilmington, North Carolina 28401 - Dear Mr. Greer: Enclosed are the original and five copies of Amendment No. 1 to the grant agreement for New' Hanover International Airport', Project No. 3-37-0084-17 at Wilmington, North . Carolina. This amendment increases the multi-year grant amount to include the Fiscal Year 199.6 apportionment. If the terms of the amendment are satisfactory, you should execute the amendment prior to January 19,1996, and have your attorney certify that the acceptance complies with local and. state laws and, that,it constitutes a legal and binding obligation on the part of the airport sponsor. The original and three signed copies of the executed amendment should be returned. to this office as soon as possible. Sincerely, Dell Jern' an ' Man ge Enclosures Identical letter sent to: 275 r~ U:S.Departnient of Transportation Federal Awia'fion ' ;Administration ` - •. Pale 1 of 4 Pages Contract~No. DTFA 06-95-A-80175 . 'New'Hanover'Internatiorial AirporC .Wilmington,. Nordi~Caroli~><t .. , ; AMENDMENT NO. I- TO GRANT AGREEMENT FOR PROJECT NO. 3-37-0084-17 WHEREAS, the Federal Aviation. fldmi~ustration (ir~reinafter referred to as the FAA) has determined it to be in the interest of the. Uttited States that the.,grant agreement between-the FAA,- acting• for and on belialf of the U~uted States, and t1re~New Hanover County Airport Authority and New Hanover County, (Hereinafter referred to as the Sponsor), accepted by said spoiuor on the 28th day`of September 1995, be antended as hereinafter provided. ~' - NOW THEREFORE WITNESSETH: .~_.. That, in consideration~of the benefits to accrue to the parties hereto, the_ FAA on.behalf.of the United States; on the oite part, and the Spottsor, oii the other part, do hereby mutually agreethat dte tetnrs and conditions of the' grant a~reemettt between the U~tited States and the Spo~tsor, accepted by said Sponsor on the 28th day of September; be further anieuded: - ~ ' ~ - ~ - - ~ -~ ' 1. v _ Tlie last paragraph on page ,1. of the grant agreement wl~iclt reads: - - WHEREAS, thisnproject will riot be cotirpleted during Fiscal Year 1995 and the federal share of the total estimated cost of completion will be $788,036. is hereby deleted 2. Standard Condition No. 1 on page 2 of the grant which reads: The maximum obligation of the Ututed States payable under this Offer shall be $657,475 for Fiscal Year 1995. The Fiscal Year 1996 obligation shall' be'established as specified iu paragraph 10 of tlus agreement provided, however, that the increased maximum obligation shall not exceed in the aggregate the total federal share of the cost of completion stated above, which is comprised of the following: , $788,036 for airport development or noise program implementation. is hereby revised acrd reads as follows: The maximum obligation of the United States 'payable under this Offer shall be $788,036. For the purposes of any future grant anrendments which may increase dte 276 foregoing maximum obligation of the United States. the following aniounts are being 'specified for this purpose: $788,036 for airport development or noise program implementation. 3. Special Conditiou No. 10 on page 4 of the~grant agreement. which reads: "Pursuant to Section 47108 of Title 49 U.S.C., and at the sponsor's request, the FAA does hereby commit the United States to Obligate an additional amount to this project for payment of its share of the cost, in accordance with the terms hereof, not to exceed the apportionment made to the sponsor for FY 1996 under Section 47114(c)(I)(A) of Title 49 U.S.C., and subject to the restrictions now or hereafter imposed on the FAA on use of such apportionment by, but not limited to, Appropriation Acts~now or lereafter eructed. The exact antount of this conututmeut will be established i^ an anendment to this grant that will be duly executed by the parties hereto when such computation and obligation can be nude in FY 1996. It is further understood by the parties hereto drat this cornc»itment does not in itself obligate, preclude nor restrict dte .FAA in the use of any funds made available for discretionary use under Section 47114, 47115, and 47116 of Title 49 U.S.C. of said Acr to further aid the sponsor in meeting the cost of this project under the terms of dtisagreement and limitatioru of law." is hereby deleted. 2 It is understood and agreed that all the other terms and conditioru of the grant agreement remain in full force and effect and are not changed or altered except as hereinabove provided. The United States shall not be obligated under any provision hereof unless this amendment has been executed by the co-sponsors, on or before January 19, 1996, or such ,subsequent date as may be prescribed in writing by dre Administrator. IN WITNESS WHEREOF, the parties hereto have caused this :uuendment to the grant agreement to be duly executed as of the day of 19 i 1 1 1 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION By Tit 277 3 ;~. ~.- CERTIFICATE OF SPONSOR'S ATTORNEY ~ ':~,. I, ~ ~ ,acting :u~Attorney for (hereinafter referred to as "spo~uor"), do hereby certify: ~ ` That I have examined the foregoing unendment to grant agrei:ntent and proceedings taken by said sponsor relating thereto, and find that the execution thereof by said sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of North Carolina, and ftirther -that, in my opinion, said amendment to grant agreement cattstitutes a legal and binding'obli~ation of die sponsor in accordance with the terms thereof. Dated at ,this day of 19 By Title 278 t t u t s A 1 1 1 1 4 NEW HANOVER COUNTY Sponsor (SEAL) Attest: Title: By_ Title Date, CERTIFICATE OF SPONSOR'S ATTORNEY h ,acting as Attorney for ~ (hereinafter referred to as "sponsor"), do hereby certify: That I have examined the foregoing amendment to grant agreement and proceedings taken by said sponsor relating thereto, and find that the execution thereof by said sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of North Carolina, aril further that. in my opinion, said amendment to grant agreement constitutes a legal and binding obligation of the sponsor in accordance with the terms thereof. Dates! at . ,this day of 19 By - Tit{e 279.. . a. ~ _ ; Tliis page intentionRlly left blank 280 ._ I. Clients/Services _ There are a number of different categories of individuals that are presented for 24-Hour mental health and/or substance abuse emergency services. These include: 1. Individuals experiencing acute psychological/psychiatric difficulties. They may come :in on their own, :brought in by family, friends,' or by a deputy. They need observation screening and possibly referral... 2. Mentally Ill individuals that are assaultive,~violent, etc., that pose a threat to themselves or others. These individuals. need restraint and referral to a psychiatric facility. 3. Individuals for whom the magistrate has already issued initial -. .petitions for commitment papers. These individuals need a . psychiatric/medical evaluation and referral `to a psychiatric _ facility or a substance abuse facility.. 4. Individuals that are substance abusers. and have no where else - to go and/or need to b,e,.assessed and moni ored. .They may be disorderly or they .may.. be homeless'. These individuals typically need 8-12 hours to sober-up and then may be released. 5. Individuals that are intoxicated and need referral to a detox cen-ter because they are going. into withdrawal. These individuals need- referral and placement in a detox center. 6.iIndividuals that are dually, involved with alcohol/drug and mental illness. They may fit into .any of the above categories. ~. S'ee attachment for. statistical analysis of t~is population and their use of services for October-December, 1995. This document was prepared by committees of the Substance Abuse . `.Task Force. For .additional information contact: -. Art Costantini, Ph.D. Southeastern Center for MH/DD/SAS r i ! - 4 ., _ 1 - ~ ~ 1 II. The Problem P Monday .through Friday from 8:00 a:m. to 4,:00 f.m.. these individuals are brought~to Southeastern Mental.'Health Center for screening/evaluation, observation, and referral,. -However, - • :•the Center is not open from 5:00 p.m: to" 8:00 a::n. . on week -_ days. nor. 'on weekends.- and holidays,. At these ..times .the individuals are taken to-the Emergency Department (ED) at New Hanover Regional Medical. Center, (NHRMC) The ED has - historical y served these-clients because it is open 24 hours . per day,;sevelz (7~) days per week, i. e.,• it is avaiaable, and it has the medical=staff to"treat these individuals. Ninety-three percent (930) of these individuals,do not have '"an immediate medical need and .thus there .are numerous difficulties with these individuals being brought tq-the ED: These problems include: ~ " . 1. Since there is no immediate niedical~emergency; these" individuals area low priority for. service and may sit • ~ around the ED for anywhere from 5 "to 18 " hours.. This is . . .. no't good for ~the~ individual, it creates an unnecessary ,.. ~ .congestion in the ED and it interferes withthe treatment of others who truly need medical attention. 2. The staff at the ED can not provide mental health nor .,substance abuse ..treatment to these: individuals and thus. appropriate treatment is delayed if received at' all. " 3.` `Some 'of these individuals. 'are brought to the ED by Sheriff or Police deputies, and these deputies most then " .stay with the individual at the ED for 5 or`5. hours while ..awaiting. disposition: III. Alternative, At least two,{2)~counties, Mecklenburg and Wake, have resolved these difficulties .by establishing a 24-Hour Crisis, Center. ` In essence,~the 24-Hour Crisis Center duplicates the services. ` ~ now being offered. in the ED, but doe's so' in-a non:-medical , seating. - ~ The Advantages to the 24-Hour Crisi.s.~Center are that individuals receive more immediate attention; more appropriate • ~ ~ treatment; they do not create a congestion in .the ED Room and _ " tYie individuals are not charged for, medical. services u (screening, evaluation) that they. did not need. , " The Issue of a 24"-Hour Crisis Center .is "cost "to.the. county... Many of the services .provided are not billable to,lst or 3rd party, and th'e lst party. billable charges ar.e often non- collectable. The Crisis Center does not provide services that are reimbursable through State Mental Health dollars. The ~ . Center is not a revenue generating activity and,-thus, if implemented, will. have to be funded. through local dollars. We are requesting direction from the Commissioners, i. e., is this a direction that the County Commissioners wish to move, and thus to fund,. or are there other alternatives . that need to be explored. - A multi-agency task force has explored .the alternative ~of establishing a 24-Hour Crisis Center in New Hanover County. The minimal essentials needed. to operate a 24-Hour Crisis Center are as follows; - , • Space "Limited Space" is available .at the Tri County Detox building. This space will serve- about. six (6) individuals at any. .given time. Expansion of,space would most. likely. need to ~: be considered in one (1) or two (2) years. The available space would need renovation, including the building of six (6) cubicles needed to .separate individuals. . • Security There is a need for a full time Secur~ity~ Officer whenever the' facility is: open. she . ~ existing 24-Hour. Crisis Centers strongly recommend that this be an official law enforcement officer. The full time Security Officer is necessary for. the protection of the clients at the Center and .for the staff. Two , (2) staff cannot b~e left alone with five (5) or six (6) clients. It has- also been suggested that if .the security officer is an official deputy, other deputies could drop off - the- individuals and leave. them with this. officer stationed at the Center. This would eliminate the need for other deputies to be _ ~ sitting around. This. option, if viable; could be implemented at the ED also. O Staff The minimum staff for the facility include:. . a 1 Security Officer at all times. 1 Psychiatrist (on-call) at all times. 1 Psychiatric Nurse. available at all. times. 1. Substance Abuse Counselor available at .all times. 1 Administrator/Clerk ' IV. .Costs The Crisis Center could be open weekends as s.oon.as March 1, 1996. ` ~ Sautheastern below 'Center could provide items b, c,d,f,g,h, and i out of, its current budget, i.e., with no additional funds.•this :.year.-'.The Coun*_y would need, to provide a (construction costs =. $6, 500) and e..2 sheriff deputies = $,21, 000) " SEC wily need additional county funds as outlined below if it is to operate the Crisis: Cent er after .July l> 1996. _~ 'A. Weekend Operation Costs One option considered is for Southeastern Center to operate the 24- Hour Crisis Center on weekends only, i..e., the ,busiest time for the ED..The costs for operating the Crisis Center on week- " - ends (Friday 4:00 p. m. to Monday 11:00 a. m.) are as follows:' • a. ~"4,500* County Cost to renovate existing space. - ' b. '1,000 Medications, equipment, etc. .. - c: ~ 3.;000 Furniture. • d. - • ~ 5; 000 'Supplies (food., beverage, etc.) . - ':• e. 62:,738 Security Officer (2.0. FTE) (31,369**) _ ~ f: .: ."50,000 Psychiatrist on-call - • ~ g;,: - 7'3 , 774 _ ' , . Psychiatric Nurse- -(2... 0 _FTE) • (36, 887) h.,: ~60;660 Substance Abuse Counselor" (2,0. FTE) .. (30, 330) -. .. • .. `i~: 5, 000 Administrator/Clerk (l FTE) (30; 000) $.. 265.672 .TOTAL :.. B Annual- Costs ( e :, 24 hours per day, 365 days per week.) " ~ a.. 4,500. 'County Cost to renovate existing space. b. 2,000 .Medications, equipment, etc. • c.~ . 3 ,.000 Furniture ~;. d. 10,000 Supplies (food, .beverage, etc.) " . e.. '141; 160 Security Officer (4.5 FTE) (31; 369) ` ~ f. 100;0.00 Psychiatrist. on-call g.' 165,-992 Psychiatric Nurse (4.5 FTE) ($36,887)** h, 136,4.85 Substance. Abuse Counselor. (4.5 FTE) •' : _ ($30, 330) `. `i:: • 30,000 Administrator/Clerk (1 FTE) ($30,00.0) .,• $ 593, 137 TOTAL e * Does note: i=nclude approximatyely $2, 000 in Tabor costs by " • Propert y .Management-. ** 'Annual salary. range. Substance Abuse Patients Seen. in the ED 254 .# Psychiatric Patients Seen in the ED ~ 577 Total '' 83~ oho # Substance Abuse Patients on Commitment Papers 18 7 # Psychiatric Patients on Commitment Papers ~ $7 15 'Tot~~1. ~ ' 105 o Substance A6use~Patients % Psychiatric 0800-1559 67 26 248 43 1600-2359 123 48 244 42 2400-0.7.59 64 26 85" 15 ~ 2;4 ;577 '_3 j • ~1 ~ ~ .. t y.. _ ~ _ Payor. Status: , Substance `% ~ Psychiatric % ' Abuse Patients Pati`enfs Self Pay 137 5~ 101 17 Medicaid/Medicare 73 29 357 62 Private Insurance. 44 17 - 119 21 l~~tal 2~~1 1 . ..... y7T 1 . . _ Patient Origin By County: . Substance Abuse Patients °/, Ps~~cbiatric ~ .Patients '% ~~ New Hanover 196 77 384 67 Brunswick 33 13 105 18 Fender 8 5 13 2 Columbus . 7 5 32 6 Duplin 0 14 2 ~ Bladen 0 13 ~. Wayne 1 2 Rowan 0 - 1 Onslow 0 9 3 Guilford ~ 1 0 ` Pitt 1 0 Cleveland 1 0 Johnston` 1 0 Chatharri 1 0 Avery 2 0 Out Of State 2 4 "l~ntal ?~•~ ' 577» Page 2 of 2 Substance Abuse Patients' ' : % ` 'Psychiatric Patients % Home .165. 65 259. 45 Inpatient Admission 22 9 15 3 Detox 34 13 0 0 Oaks 15 6 262 45 Cherry ~ 0 0 2'1 4 SEMHC 14 6 15 3 Other 4 1 5 1 11otal ! ~ ;, 2'~4 X77' ' ~ 3, . _.. i ~ , ~ _ 1 Morith/Year Total Ps~~ch' %'of Psych 'Total Substance abuse ~%~of Substance Abuse TotalDept. Returns` Per'Month %ofTotal ~ Returns Pcr' Month June 1995 12 8.2 ~ 19 13.0 146, 21.2 - July 1995 11 8.1 14 10.3 136 18.4 - August 1995 13 8.6 24 15.8 152. ~ . 24.3 Total # ' % Psych Total f~ o o Substance "1`otal~+ %Total #' Ps~~c;h Patients Subst~nc~ Abuse' '' Patients Patients Patients «'aiting > 6 Abuse Patients Waiting,> 6 ~T~laiting > 6. ~~~aitin~ > 6 Hours'>~ Patients V'~'aiting >6 Hours Hours -Hours ~~aiting >6 Hours ~ , '' ' Hours 15 : 10.0 12 7.9 15.1 17.9 " ~ .~_Psychiatric/Substance Abuse Patients Seen Per Month A >>\~oatli/Year' Total # '% "Dotal ~ %`Su stance '- Tota~1#_' Psychiatric Psychiatric ~ Substance Abusc Psychiatric/ Patients Yat ielits Abuse ` ~ Patients Substance . Paaticnts Abuse, ~. Patients July 1993 104 59.8 70 40.2 174 July :1994 98 57.3 ~ 73 42.7 171 July 1995.. 190 68.8 86 ~ 31:2 ~ 276 i New Hanover County . ~ Sheriff's 0 f Tice Joseph McQueen, Jr., Sheriff Wilmington, North Carolina.28401-4591 Phone (910) 341-4200 Fax (910) 341-4039 ~~ MEMORANDUM TO: ALLEN O'NEAL, COUNTY MAN ER c ~ ~, ~~ . FROM: JOSEPH MCQUEEN, JR., SHE ( . .SUBJECT: SWORN POSITIONS FOR:TREATMENT CENTER DATE: JANUARY 3; -1996 ' I have considered our recent discussions regarding the .placement of sheriff s deputies to . man an intake location at .Southeastern Mental Health. We had initially thought that impending annexation may free up personnel who could be assigned to such duty. Since challenges to' Wilmington's plan has placed annexation in limbo for an undetermined length of time, I am unable to divert manpower from existing patrol squads for that purpose at this time. J I feel that the concept of having a drop-off point which allows street officers to return to normal duties is good. Currently, officers. spend an average of six (6) hours waiting for a person to be examined and the wait is often longer at night or on holidays. The Cterk of Court issues approximately 400 commitmentpapers ayear, so we are dealing'with 2400 or more hours an officer is tied up. Often, two. officers are required of the person is combative. Being able to turn over the person and papers to"a responsible sworn officer in a secure place to await examination would eifectiveiy shorten the time an officers patrol area is impacted by his or her absence. The addition of two sworn positions to the' Custody Division Transportation Section 'should provide the means to cover the Center. ~~ ~ ~ 999b .,~~~11~~1~Tl:~.TiVE UFF1C~. NEW HAI`iOVER CO. ' ~ ' ~ ~ .: ! . _ N ~ .. .. ~ ~ .. ~ ~ ~ ~ ,, 1 ~~ • ~as.~~ - ~f- V~tiY ~ ~ ~ , ITY of WI ~M1 f~CTQ[\l C ~ ~ . . . ,~ ' ~ - ~ . . ~,t~, . -~ r , Forth ~Ca of ~ na 1739 • ` ~ P.O. B~X 1.81 ~ K POLICE DEPARTMENT ~ .. (910)'343-3600 28402 ~ . TDD No. ~ _ ~ , (910) 341-7873 .. .~ December 18, 1995 ` Andrew~J: Atkinson - YDeputy County Manager New•Hanover.County ' ~~ 320 'Chestnut.Street~Room 5902 Wilmington, North Carolina 28401. _ . Dear .Andy, ', q On behalf of the Wilmington Police Department;,I am -. writing to express my .appreciation and support for the-- establishment of the "Sobering Up Station" program: I forsee substantial avings t o the Wilmington Police:,Department,, in dollars and in man ho urs;~by "freeing" officers from "wait" time in the emergency room of New Hanover Regio~ial Medical Center. _ cerely,.your , i S n ' ' ~ ~ . - .- ;'/ (, ~ ~ ~ .. ~ - _ 1.1 v R. W. Simpson .Chief of Police ' ~ RWS/jwc ~ . . - i , I ~' ~ NEW NANOVER COUNTY INTER-OFFICE ,,...,.....,::........MEMO:.:::................::::.......:....................::::... January 4, .1996 ' TO: Andy Atkinson, ~ ", - Deputy County Manager ;" FROM: Andre. R. Mallette, - Human Resources Director RE: Projected Costs for Adding Two Deputy Positions The projected cost for adding two new Deputy Sheriffpositions is $63,278. That cost is broken ' down as follows:. Total Cost Cost per Deputy- '" Salary $45,172. $22,586- " FICA $ 3,456 $ 1,728 Retirement $ 2,250 $ 1,125 Medical, $ 6,720. $ 3.,360 Dental ` $ 372 $ "186 401(K) $ 2,258 $ 1,129 - Uniform $ 2,600 $ 1,300 . Radio $ 450 - Please let me know if you need any additional information. ~ " ;~ r ~~ P >„r/.. 1 DEPARTMENT Emergency Telephone System Fund ~~ ADJUSTMENT hone encY Tele ~mer g p system Fund 911 Surcharge BUDGET AMENDMENT # 96-0102 DEBIT $534,844 Transfer to CAD Capital Project EXPLANATION DATE 1/16/96 CREDIT $534,844 To budget the portion of the 9I I 'surcharge already designated -for the Computer Aided Dispatch .(CAD) capital project (for .accounting. purposes only). _ These funds were budgeted in FY93-94, but reverted to fund balance in the Emergency Telephone System Fund at the end of the fiscal year since they ~ were not transferred to the capital project at that time. ~_ Budget Amendment CONSENT AGENDA 01/16/96 Item No. 11A ~~. t~~®~~ ~~ Por Budget OCCicc~s hen rcpod . ~~~~~~ ~ *yy .~y~~~~Y~~ toCommissioncrsat~u rmccting ~~ i~ and cntcrin minutes. ~~~~ . ~ ~l(o [ Q rp ®a,,,,,., ~ To be approvcdby Commissioners. ~= - ~, . To be entered into minutes. r~ Budget Amendment UEPARTtrrF't~rr ~ ~ ~ ~ . ~ _ BUDGET AM.NnMFNT ~ Library ~ 96-0094 ADJUSTMENT` DEBIT I,i~~}~ Contribution/Book Sale $5,169 Lost Books $3,800 Books & Periodicals CONSENT AGENDA 01/16/96 Item No. 11B . .: DATE 1/16/96 ,. CREDIT.. .. $8;969 .. .. ~8 _ . NATION .., t ,~ ~._ To bud et book ~ L g sale contributions and lost book payment . . ~:-- ,~ .. ~ - .,~ ~ :. -- -- --„ _ ,~~ ~~~~ _ ~~ ,2 82 - ~c~1~i~ ~ Cs.;;~r luts~~~4y~~~ ^.~ } ~ ~~or Budget Officer's approval; then report ; tt - to commissioners at next rc ular mcctin '~ 1 14I~G~ ~ s s Q~~~ - ` ,a,,...,,.~,~.-...~-~»---~-+ ' / ..and enter in minutes. . - ---~'-- - - - ~ -1L_ To be approved by Cornrnissioncrs. 4 ~ To be entered into minutes. ~__ _-. • ~- ~ CONSENT AGENDA B udget Amendment 01/16/96 , .,, „;-,,,;;,,, ,„ , ,,,:, Item No. 11C '?i/`/,' /fir ' /' L/ :i~~a/,.yi%i%i,%./S':•o~s''•<~/y%;•%/;;~~;: ,.~//!~ //' /4%' r%// ,~, „~. ,,,/~..{%/,emu/%?'//~;%//%i/ri`~/// '/, / /' ///~~/%///,./ ~/~/iir /. /.~~?ice ;~;;~ ////r~ r, ~/~~/~// ~~/~~~/i~~j'~~~///~/~r~i,/~~i~/~ /~~~~~~-~~ DEPARTMENT BUDGET AMENDMENT # p~~ Library 96-0093 1/16/96 Librarv LSCA Enrichment Grant Capital Outlay - Equip. $13,803 $13,803 To budget LSCA $nrichment Grant funds (grant approved by the Commissioners on May 15, 1995). ~ ~~~~~ ~~ (~ t For Budget OCGcer's ~t~<~;~licn report to Commissioners al ~~yy~~r tnccting / and cntcrin minutes. / To be approved by Commissioners. To be entered into tninutcs. i," .f r~ a .} 1,