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Agenda 1996 02-05NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC FEBRUARY 5, 1996 6:30 P.M. ITEMS OF BUSINESS PAGE NO. l . Approval of Minutes 59 ADJOURN ~..1. NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA - FEBRUARY 5, 1996 6:30 P.M. ITEMS OF BUSINESS PAGE NO. 1 • ~ Approval of Minutes - 59 2• Approval of 1995-96 grant for Human Relations for the amount 65 of $7,600. 3. Approval of Disposal of Coulter Hematology System from the 73 Health Department Laboratory as a $3,435.50 trade-in on the purchase of a new Hematology System.-~J~ ~4-. ,~ .~ Approval of Grant for Cooperative Extension's 1996 summe 77 program for school age children -~.•.•e,u.Qe.~~Q ,~ucA~t" ~~'G-otr~f 5. ~~ Approval of purchase of replacement Incident Command and 87 '1 ~Mva~ss CaJyCSup y Vehicle or Emer ency Management '~6 - o//~ 6. Acceptance of N.C. Coastal Management public beach access grant 93 7. Approval of reclassification of Material Control Specialist to 105 Safety Officer 8. Approval of grant application to the N.C. Department of Crime 107 Control and Public Safety for Upgrade to the Criminal Justice Information System ~,u~2~ ,Ci,u.Q~- a,...+~7 ~9G -o/ 3~ 9. Approval of acceptance of Criminal Justice Partnership Program 115 Discretionary Grant and associated Budget Amendment #96-0131 10. Approval of award of Bid #96-0241 for the purchase of a ROLM 133 Telephone System Upgrade and the trade-in of surplus telephone equipment 11. Approval of NCDOT Road Additions 165 Indian Corn Trail and Tall Oaks Drive (Ratification) Whitted's Circle - .,,y { _ .. ). ~~ ~:/ .> 12. Approval of Ratification of appointment of new Human 171 Relations Commissioner 13. Approval of Report of Disposals of Personal Property in .173 accordance with CS 160A-266(c)for the period of 07/01/95 through 12/31/95 14 Approval of Budget Amendments: A. #96-36 to increase budget for additional Federal forfeited 175 property revenue received by the Sheriff's Department B. #96-35 to increase budget for additional 176 substance revenue received by the Sheriff's Department C. #96-0116 to budget a contribution to Cape Fear Resource 177 Conservation & Development, Inc., anon-profit agency serving Brunswick, Columbus, New Hanover and Pender counties D. #96-0105 to budget a grant awarded to the Parks Department 188 for Riverside Park, Phase II E. #96-0117 to budget contributions to the Health Department 189 for the "Commit to Quit" Project F. #96-0118 to budget Child Fatality Prevention Team (CFPT) 195 grant funds for supplies associated with Team responsibilities Health Department/Child Health G. #96-0120 to transfer funds form Furniture/Equipment (Category II) 199 and Vehicles (Category III) to Architect/Engineering Services- Feasibility (Category I)-New Hanover County Schools Fund ;~; ~ti. #96-0123 to budget additional health fees and transfer contingency 203 ~' funds for the Jail to meet the increased need for medical services I. #96-0124 to reduce the Human Services Transportation budget 205 to actual amount of funds to be received for fiscal year 95-96 J. #96-0125 to increase budget Aging Department Budget for 207 revenue received for registration fees ,~, _ ... ~~ ' 12 . Approval of Ratification of appointment of new Human 171 ~ Relatic-n~ C:~mmie~inner I,~ ^. ~i ^ i~ r NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~i ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE ~ 24 NORTH THIRD STREET, ROOM 301 i ; WILMINGTON,. NC j FEBRUARY 5, 1996 6:30 P.M. l ~~ MEETING CALLED TO ORDER: Chairman Robert G. Greer INVOCATION . PLEDGE OF ALLEGIANCE, NON-AGENDA ITEMS (Limit three minutes per item) APPROVAL OF CONSENT AGENDA ,( ,~ ESTIMATED ITEMS OF BUSINESS TIMES it 6:45pm 1. Recognition of Michelle Fields, Human Relations Month ~` ,Theme Winner I ~. ` 6:SOpm 2. Consideration of Adoption of Proclamation Declaring ~~ February as Human Relations Month 6:SSpm 3. Consideration of Resolution Declaring February 14, 1996 ~~ as Brigade Boys and Girls Club Day .. . ~~ 7:OOpm 4. Second Readingl. New Hanover County Hazardous Materials Information Storage Box Ordinance f. 7: l Opm 5. Consideration of Aw _ and of Contract #95 0367 to WES-BEN ~• Company, Inc., Cell 3A Closure New Hanover County Landfill 7:25pm 6. Consideration of Adoption of Proclamation Declaring the Week of February 11-17, 1996 as Respect for Law Week in ~ New Hanover County PAGE NO. 1~ 3 5 7 11 31 v,'~ _ i _ y '~.. REQUEST FOR BOARD ACTION `~ Meeting Date: 02/OS/96 " Regular Item #: 1 Consent Item #: ~ Additional Item #: Department: Human Relations Presenter: Chairman Greer Page Count In Agenda Package: Contact: Anthony Wade SUBJECT: Human Relations Month Theme Winner BRIEF SUMMARY: A school contest is held in the fall each year to provide the theme for Human Relations Month. Michelle Fields of D.C. Virgo Middle School, provided the winning theme, "Don't Hate; Communicate" RECOMMENDED MOTION AND REOUFSTED ACTIONS• Recognize Michelle Fields for the winning entry. 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: N/A CGRIFFIN HR: N/A AMALLETT 1 COUNTY MANA ER'S COMMENTS AND RECOMMENDATIONS Recognize Michelle Fields as theme winner for Human Relations Month and r t plaque. ;~, p,,. ,t ~ ,,d<<, ..~, i l7M rsddB U b-u~ _~4Q~i ~iDY~JB~~a~E~ .. ~ ~ f ~ ' /~ .. Rcfer to Office Vision Bulletin Board for Disposition -~ k 1 1 REQUEST FOR BOARD ACTION Meeting Date: 02/OS/96 Regular Item #: 2 Consent Item #: Additional Item #: Department: Human Relations Presenter: Anthony Wade Page Count In Agenda Package: Contact: Anthony Wade JUt3JL' C: 1 Human Relations Month ~. BRIEFSUMMARY: The Ne~v Hanover County Commissioners are asked to issue a proclamation for February as "Human Relations Month" ~. a 1 1 RECOMMENDED MOTION AND REQUESTED ACTIONS• Adopt the Proclamation Federal S: State S: County S: User Fees S: ~ Other $: Money Is In Current Budget: 1~1ew Appropriation Request:' Budget Amendment Prepared: FUNDING SOURCE• ~ ~ . ,. LGL: FIN: BUD: N/A CGRIFFIN HR: N/A AMALLETT BOUNTY MANAGER'S COMMENTS AND RECOMM NnATT(11y~ Recommen a Commissioners adopt the proclamation. -(The proclamation reads the same as last year. .. lYNvrud !7 d~i.uilUY`~l~yU~lyduN-~~"~J_J Refer to Office Vision Bulletin Board for Disposition ~~ ((~~ ~pNOVEq CO • i• 9i• .o.,,.~. . ~., ~attrd of C~ammi~5iuner~ . • V~F ~- .o,,,,~o= _ _ OFNOR7NLPQ` ~rocr~rr~~tiot~ -~ WHEREAS, the New Hanover Human Relations Commission, the. Greater Wilmington Chamber of Commerce, and the Friends of Human Relations are sponsoring Human Relations Month, and WHEREAS, the theme for Human Relations Month is, "Don't Hate; Communicate." WHEREAS, we encourage all citizens to respect and work to establish equal rights for all persons regardless of race, color, sex, religion, age, disability, or familial status; and WHEREAS, through practicing the principles of Human Relations Month on an every day basis, we help to preserve, protect, and perpetuate the rights of each person to freedom, liberty, and justice. NOW, THEREFORE,-Ihe New l~ai~over County Board of Commissioners hereby proclaim the month of February, 1996 as HUMAN RELATIONS MONTH in New Hanover County, North Carolina. I call upon all citizens of the New Hanover County area to sincerely join forces in creating and practicing a~mutual bond of fellowship with all citizens and resolve to accept a personal challenge to improve the status of all people through assurance of the basic human rights of justice, freedom, and dignity. y ATTEST: . - . Lucie F. Harrell Clerk to the Board .. • . , _ . • Robert G. Greer,:Chainnan . ~- •~:_ . - New Hanover County Board -- ~ , - . of Commissioners r 4 ._ ...- 1 *~~ 't~ ._ ~ ~ r . s 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ` ., •} REQUEST FOR BOARD ACTION `~ Meeting Date: 02/05/96 Regular Item #: 3 Consent Item #: Additional Item #: Department: Legal Department Presenter: Chairman, Board of Commissioners Page Count In Agenda Package: 2 Contact: Wanda M. Copley SUI3.TECT: Resolution declaring February 14, 1996 as Brigade Boys and Girls Club Day. I3RIEF SUMMARY: Brigade Boys and Girls Club will celebrate its 100th anniversary February 14, 1996. RECOMMENDED MOTION AND REQUEST D ACTIONS• Adopt resolution. FUNDIN SOURCE• Federal S: State S: County S: 0.00 User Fees S: Other $: Money Is [n Current Budget: New Appropriation Request: I3udget Amendment Prepared: ._ ~LGL: FIN: BUD: N/A CGRIFFIN HR• N/A AMALLETT TY R' Recommend adoption of proclamatio ~IN+Iy10~~ CJw3utd UYa$~9a iF yk5r«u.~5~ ~~~~: ~:I:s ~~ G ~~ 5 Refer to-0ffice Vision Bulletin Board Cor Disposition _ - ~ew ever - Coun~ ~oar~f o Co -f ~tssto ~r-4e~tnatzon nPrs - WHEREgS , .. .. ~ - ~ - the mission 'grounds, with s of the Brigade Bo .. ities needed to b~ o tal concern f°r ys ~d Girls those from disadv Club is to hel me responsible citizens antaged circu - P Youth,, of all ' and leaders; and instances, to develo ~EREAS, the Bri p the `b~'ary 14, 1996. gade Boys and Girls Club will celebrate 100 years of service to youth !i NoO ers Tn EREFO~ BE IT DSO lub to appreciation LVED, that the N youth ofourco and recognition of the centu ew Han°ver Count ard of lub Day. "~"~'jh', does hereby proclaim Feb sen~ice by the B 'g de Bo ary l4, 1996 n a Ys and as Brigade $oys and This the 5th da y of February, 1996. ~~ t N ~ , I ev' Nanovef County R .. "~ obert G, Greer Board ~ Chairman of County Commissioners i _ . _. . z' __ _ .. _. _._, ..- ... ~ ,..., _ .. t .. - ._ - ~~;~^ i, .r ~"/~ . ..r iy ~rd!a+Sfi Y~ ~N * i ~.. Ii 1 t L G n 1 1 ri 1 1 REQUEST FOR BOARD ACTION .r Meeting Date: 02/05/96 Regular Item #: 4 Consent Item #: Additional Item #: Department: Emergency Management Presenter: Dan E. Summers Page Count In Agenda Package: 2 Contact: Dan E. Summers SUBJECT: Second Reading: 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.9~-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 and responders with valuable information, ;but this information is only updated once-per-year. The Data Storage Lockboxes would be accessible to fire department personnel and 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 Local Emergency Planning Conunission. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request the Board adopt the ordinance. r uivutlv~, JVUKt;I';: Federal S: ~ State S: County $: User Fees $: Other $: Money 1s In Current Budget: New Appropriation Request: I Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: - HR: Second Reading. Recommend adoption. RECOM MENDA TIONS: Rcfcr to Officc Vision Bu(Ictin Board for Disposition AN• ORDINANCE - OF THE - ~- NE-W HANOVER COUNTY - BOARD OF COMMISSIONERS • r WHEREAS, New Hanover County is empowered and required under N.C.G.S. Sec. - 166A-7 to provide for management of local emergencies; and ' °~" ' WHEREAS,-Federal Superfund regulations and State Right-to-Know laws provide special reporting and handling requirements for businesses that generate or store substantial 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 o workers responding to.the emergency; and - ~ .. ,: . WHEREAS, access to current information concerning the type, amount and location of hazardoussubstances during such an emergency is necessary to adequately protect human life and the environment,.. ~;. , NOW, THEREFORE, BE IT RESOLVED that New Hanover County does hereby.adopt this New Hanover County Hazardous Materials Information Storage~Box Ordinance, to be ~~ codified as Article IV of Chapter 8, Fire Protection and Prevention... Section 8-35. Data Storage Box Required. This ordinance shall become effective upon ratification by the North Carolina Building Code Council. 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 Amendments 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. ` c "4 ,}, t Section 8-36, Contents, Types and Location of Data Storage Box. , ~, .. (a) This data storage box may.contain keys providing access to secured portions of the facility. The box shall contain current specif c information to assist fire departments, hazardous ~ -~ ; s -• materials teams~and emergency management personnel; responding to emergencies at~the facility,' including but not limited to facility maps or plans showing the type,and.location of hazardous "'' materials, Tier II forms, lists of chemicals with CAS riumbers, telephone numbers for facility ~, . ~} employees and other persons to be contacted in case of such emergencies. (b) ~All~ information requested on New Hanover,County Emergency Management data torage sheets must be.provided onythe forms provided by New Hanover County or in a ~bstaritially similar format and~must'be"placed in the data storage box. Such information must be updated on`a'regiTai basis fo-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 shad 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 operate a manned 24 hours a day, 365 days a year security station or 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. . (c) Exemptions must be applied for in writing to the Department of Emergency Management annually beginning March 1, 1996 and every March 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. 153A-123 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. 153A-123(g). (b) The municipality may also .secure appropriate equitable remedies to ensure compliance with this chapter, as provided by N.C.G.S: Sec. 153A-123. (c) Enforcement actions may be initiated by the New Hanover County Fire Marshal, the New Hanover County Emergency Management Director, or their designees. [SEAL] .. ATTEST: ADOPTED this day of 1996. NEW HANOVER COUNTY Robert G. Greer, Chairman Board of Commissioners 9 Clerk to the Board 1 1 e v REQUEST FOR BOARD ACTION Meeting Date: 02/05/96 -' [regular Item #: 5 Consent Item #: Additional Item #: Department: Environmental Management Presenter: Ray Church Page Count In Agenda Package: Contact: Ray Church SUBJECT: Award of Contract #95-0367 to WES-BEN COMPANY, INC. Cell 3A Closure New Hanover County Landfill BRIEF SUMMARY: N C Solid Waste Rules require that portions of landfills which have reached capacity and will not receive additional waste be closed with a system to reduce the infiltration of rainfall. A request for bids was advertised and three bids were received on January 4, 1996, as follows: Tri-State .Consultants, Inc. $363,232.00 Wes-Ben Company, Inc. $330,314.00 Ground Improvement Technologies $628,000.00 RECOMMENDED MOTION AND R OLJESTED ACTIONS• Staff recommends the adoption of the attached resolution and award of contract #95-0367 to Wes-Ben Company, Inc. in an amount of $330,314.00 for the installation of a liner system and associated piping and earthwork for the closure of ce113A. Funds for the closure project are available in the current landfill budget. r~u1v~1~U SOURCE: Federal S: State S: Money Is In Current Budget: yes Budget Amendment Prepared: County S: 330,314: 'User Fees $: ~ Other S: New Appropriation Request: REVIEWED BY: LGL: APP WCOPLEY `FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT .COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS Recommend approval of award of bid to WES-BEN Company,~c., as the low responsible bidder. :., (rte 'a$ ~ ~ ~.. ~.i ~" ~•rrwj's.'J (.~ ... .. _ ~1 6 _~~ ~ ~~. -?(~.~ Refer to Office Vision Bulletin Board Cor Disposition .' _ ' ~ ~ RESOLUTION `~ ` OF THE BOARD OF COAIMISSIONERS ._ ._ _ _ .. OF .. - NEW HANOVER COUNTY ~ ' WHEREAS, after due advertisement, bids were received and publicly opened by the Environmental. Management Department at}11:00 a:m. on the 4th day of January, 1996, at the New Hanover County Environmental Managcmcnt Administration Building, 3002 Highway 42.1 North, Wilmington, North Carolina, and the following bids were received for the closure of Landfill~Cel( #3A: • Wes-Ben Company, Inc. $330,314.00 - • - . Tri-State Consultants, Inc. $363,232,00 ' 'Ground Improvement Technologies ~ - $G28,000.00 AND WHEREAS, according to G.S. 'I43-132, if~fewer than tluee bids are received after the first advertisement fora forn~al construction bid, a second advertisement of the proposal.should be made and after this second advertisement, the award may be made even if only one bid has been received; ' AND WHEREAS, after the Crst advertisement, only hvo bids were received and the project was advertised as required by General Statutes a second time after which three bids were received; AND WHEREAS, Posi, Buckley, Schuh & Jernigan, Inc. the. consulting engineers for the project have reviewed the proposals and rccommcnd award to Wcs-Ben Company, Inc.; AND WHEREAS, the Em•ironmcntal:Managemcnt Director~and the County Manager rccommcnd that the contract be awarded to We-Ben Compalry, Ii~c., a Nortli~Carolina corporation, the lowest responsible bidder, in the amount of Tluee Hundred Thirty Thousand Three Hundred Fourteen Dollars. ($330,314.00); • AND WHEREAS, funds have been previously appropriated and are now in Account No. 700-480-4191-3700 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hano~•cr County that the contract for the closure of Landfill Ccll #3A for the Environmental Managcmcnt Department, r be awarded to :Wcs-Ben Company, Inc. iq the amount of Three Hundred Thirty Thousand Three Hundred '. .. Fourteen Dollars. x($330,314.00); and-that the County.is-hereby authorized and directed to execute the contract, , contract form to be approved by the County Attorney. This 5th day of February, 199G. ~ , ~- .~ ~1~ tothe Board ~. ~ a ~. .. ,; .ate . DRAFT 1 New Hanover County Contract # 95 - 0367 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day of 1996, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "Coon "; ty i and:WES-BEN COMPANY, I1VC.,hereinafter referred to as "Contractor". WITNESSETH: 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 in the manner and form as provided by the following enumerated specifications and documents, .which are made a part hereof as if fully contained herein: The Bid Package prepcQed by Post, Buckley, Schuh & Jernigan, Inc. and labeled as Specifications and Contract Documents for the project more fully described herein and generally described as: New Hanover County . Cell No. 3A Closure Project #07-877.00 j . - 2. Time of Performance. Contractor .shall commence work within ten (10) calendar days after execution of this agreement; provided. that, ~if County specifies a Notice toProceed, Contractor shall commence work on the date indicated in the Notice to Proceed. . 2.1 De1av in Authorization to Comm n~P Work. If, through: no .fault of Contractor County's authorization to comm. ence work is _ delayed later_.;than the. -~. ninetieth(90th) day after the bid opening date or the thirtieth ~ (30th) day after ~' Contractor's delivery of -the .executed agreement to County, Contractor may terminate this agreement. '~ 3 s-- ~ , ~ `New Hanover County Contract # 95 - 0367 2.2 Required Completion Time. Prior to commencin work, .Contractor ,g shall give County a construction schedule broken down into calendar days for the various divisions or parts of work. Contractor shall. complete all work on Cell 3A within sixty (60) calendar days after the .beginning dateiNotice to,, Proceed. The .. . l l_ Contractor shall complete the liner installation for Cell 3A within a .total of ten, (10) _ - ..'- .. '~.. Mme' calendar days. If Contractor fails to complete all work within the required and specified time, County may at its option either terminate this agreement pursuant to :, the procedures specified in paragraph 17 herein, or assess liquidated ,damages. against Contractor. In the event County exercises it option to assess liquidated ~, damages, Contractor shall pay the County Two Hundred Fifty ($250.00) Dollars per. -- ~ ~ :, .~ day for each consecutive calendar day past the scheduled final completion date for. liner installation and Five .Hundred ($500.00). Dollars, per day for each consecutive (~ - U calendar day following the scheduled construction completion ,date that the,_ other. work or performance, herein contracted for, remains unfinished and.incomplete. ~ It is , w~ ~ ,. understood and agreed by the parties hereto that time is .of ,the essence of this contract and that the sums of Two Hundred Fifty ($250.00) ;Dollars'.and Five Hundred ($500.00) Dollars per day represents the actual damages which the County will have sustained by failure of Contractor to complete the work within the specified times acid is agreed upon as liquidated damages; that the provisions for damages are a~ bona fide provision for such and-are not a' penalty. It'is understood and agreed~thaf'if the work herein contracted for is not completed and finished as scheduled herein, the ~ V County will have sustained. damages and,therefore, the provision 'for liquidated and ~, agreed upon damages has ~beeri incorporated inthis agreement as a provision `- beneficial to both ~ artiest ~-° ~ „ `. ~ ~ -~ "` ~. ~` ,. 3. Contract AYrendrnents' and Change Orders. No modificerton or"" . .. ,,... 14 New Hanover Count Contract # 95 - 0367 y recision of this agreement shall be effective unless evidenced by a writing signed by both parties and by the surety to this agreement. County may issue change orders, which are defined as written orders to Contractor, approved by, Board of County .Commissioners and .signed by Allen O'Neal, County Manager, authorising an addition, deletion or revision in the work or an adjustment in the contract price or the contract time. 3.1 Extra Work. Contractor agrees to perform such reasonable extra work as may. be ordered in writing by Allen O'Neal, County Manager. County agrees to pay Contractor, upon Contractor's presentation of itemized cost statements, for extra work computed as follows: (a) labor used at actual payroll charges therefor; (b) actual payroll charges for Workers'. Compensation Insurance, Social Security and all other,payroll charges; (c) an hourly rate for actual operating hours of equipment used; (d) amounts Acrid by Contractor to vendors, as evidenced by paid invoices, for ,material purchased and used on extra work orders; (e) cost of bonding, if applicable; ~~ and (f) overhead and profit combined based on fifteen percent (15%) of the total of cost items (a) through (e) above. . 3.2 .Changes of the Contra t Time. The time limit for. completion of the project is of the .essence of this agreement. If Contractor finds it impossible to complete the work on the project within the originally scheduled time, .Contractor may submit a written request for a time extension to Allen O'Neal, County Manager. ~ The writing .shall specify the reasons justifying the granting of the request. Contractor's ;plea. that insufficient .time- was scheduled shall not be a valid reason for a time extension. If Allen .O'Neal, County Manager, finds -that work was delayed because of conditions beyond the control and without the fault of both Contractor and his or her subcontractors or suppliers, Allen O'Neal, County Manager, shall extend the time for .~ New'Hanover`County Contract # 95 - 0367 completion in such cunount as the ..conditions justify. -Under no circumstances shall Contractorabe entitled to damages against Countyori account~of delay: ~ : ~` ` 3:3 Notification of Surety: Contractor shall ~be solely r'esponsible`' for notifying hi or her surety of onyx changes affecting the general scope of the"work or change in the .contract. price; and the amount of the applicable bonds shall ~ be adjusted accordingly. Contractor shall furnish written documentation of 'such adjustment to.the County. .. • .. . ~~~ __ .: -, , 4. ~ Payment. County agrees to pay Contractor; for- the full and faithful performance of this agreement; -the aum of Three Hundred Thirty Thousand Three Hundred Fourteen Dollars ($330, 314.00):. > -. -~ - . - 4.1 Partial Pavments..County shall~make partial payments to Contractor in .lump sum amounts .upon .successful completion by Contractor and ~acceptcince by County of sections of the work, as specified'`in the agreement specific"ations and iin accordance with the amounts indicated for each -bid in Contractor's bid •proposcrl. From the total. amount determined `'to be~payable on ~a"partial payment; ten percent (10%) of such amount shall be deducted and retained by County: untilall-work has ~' been accepted by-County; provided that,' if Allen O'Neal; County Manager; determines that the work is' on schedule at ahe halfway point of the construction schedule, retanage may thereafter be discontinued on future "partial payments. County at its option may reinstate retainage at any time. ~ ~ ~ - ' - - 4.2 Acceptance of Final Pamient as Release. ~ The ~ acceptance' by Contractor of final.payment shall be :and=shall' operate as a release of County from crll claims , of .Contractor against .County, except for claims specifically excepted ~'by Contractor in stated written amounts. However; ~no payment; final or otherwise, shall release Contractor= or his or:her°sureties from any obligations'~under the ~agreemerit 16~ - _~ ~ _' New Hanover County Contract # 95 - 0367 • . documents or the. payment and performance bonds. 4.3 Count}~s Right to Offset and Recoup. Nothing contained in this Section 4 shall be construed to impair County's rights to deduct .from partial or final payments any sums due to County pursuant to this agreement. _ 5. Contractor's Warranties. Contractor makes the following warranties concerning the materials, equipment and work furnished pursuant to this contract. S.1 Warranty of Title. Contractor warrants that title to all work, materials and equipment covered by a request for payment, whether incorporated in the project or not, will have passed to County prior to the submission of the request for .payment, free and clear of all liens, claims, security interests and encumbrances. 5.2 Warranty of Materials and Equipment. Contractor warrants to Coun that all materials and equipment furnished under this contract will be new unless otherwise specified, will be of good quality and free from faults and defects, and will conform with the contract documents. 'Contractor warrants all such materials and equipment for a period of one (1)-year from the date of completion of the work. 5.3 Warian of Work. Contractor warrants to Coun ,fora eriod of one (1) tY P year from .the date of completion of the work, .that all work performed under this ... .. agreement has been performed in a workmanlike manner, so as to meet the standards of workmanlike quality prevailing in North Carolina at the time of construction. ~ ,~ - . - ~_ 5.4 Warranty Against Major Structural Defects. Contractor warrants that all structures constructed -under this agreement are free from major structural defects. ~~~= 5.5 Correction of Defects. ~ County shall give Contractor reasonably prompt notice of all observable defects. If Contractor fails to perform corrective work within areasonable -time, County may perform such work and charge Contractor for .. .. . 17 ~ , New Hanover.County Contract # 95 - 0367 the costs thereby incurred. Contractor's~~Performance Bond slicill"remain in full force and effect through the applicable one (l) year warranty period: ~. .:, :.6. rid mni 'Contractor shall indemnify and hold New Hanover County, its agents and employees, harmless against any' and all claims, demands, causes. of action, br 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'hereurider; ~r'esulting from .the negligence of or the willful act. or omission of Contractor; his agents;employees grid subcoritractors:~~' 7. • Insurane'e: Contractor shallmaintain insurance~from~companies licensed to wrteA.business in Nortli Carolina and. acceptable to New Hanover County, of, the kinds cmd minimum:arnounts.sp~cified below.. . -.~ . 8... Certificates and.~Notice of Cancellation. Before"cornrriencing 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, grid shall contain the following statement:.....` '. ~ ..,~_.: ~. ~ ~~ ~ . "The. insurance covered ~by ~ ,this certificate ~ will not be - `- ~° ~~ cancelled or materially altered, except after thirty (30) days written notice has been.receved by County". ~ a ~ , ` - . ~ ~' ~~' ~ ~ -: - 9. = W~xkers Compensation aril 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 " amount of $100, 000/500, 000/100, 000. applicable to -..claims due to bodily injury. by accident or disease:... _ ~ . ~ ~ , . - - , _ . _ .. 10. Commercial General Lfabilitx. Including coverage for independent ~-~~ .rv. 18 } .. - . ~' '~ New Hanover Coun Contract # 95 - 0367 ty contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures. The policy shall provide liability limits at least in the amount of $1, 000, 000 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. 11. Automobile Liability Insurance. Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $500, 000 per occurrence combined. single limits applicable to claims due to bodily injury and/or property damage. 12. Contractor's Installation Floater. Contractor shall provide and maintain Property Installation Floater or appropriate insurance protecting against loss or damage of the equipment to be installed. Coverage shall be written in the amount of one hundred percent (100%) of the contract amount and shall remain in force until accepted by County. The coverage shall be written in the name of Contractor and " shall protect the County as its interests may appear. 13. fonds Recuirec~. Pursuant to Article 3, Chapter 44A and Article 8, Chapter 143 of the North Carolina General Statutes, Contractor shall furnish performance and payment bonds, as herein described: a) ~ A Performance Bond in the amount of one hundred percent o (1 QO /o) of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and .conditions of the contract. Such bond shall be solely for the protection of New Hanover County. ... 19 6- New Hanover County Contract # 95 - 036' b) A Payment Bond ins the. amount of one hundred percent (100%) of the contract amount, conditioned upon the prompt payment for all labor or materials for which a Contractor,or subcontractor is liable. The payment bond shall be solely ' for the protection of the persons furnishing materials or performing labor for which a Contractor or subcontractor is liable. These bonds shall remain in effect at least until one (1) year after the date when final payment becomes due. The.Performance-Bond and the Payment Bond shall be executed by one or more surety companies legally authorized to do business in the State of North Carolina and shall become effective upon the awarding of the contract. The bonds must be in the format set forth in N:C.G.S. Section 44A-33. 1.4. independent .Contractor. It is mutually understood and agreed that Contractor is an independent contractor and not an agent of County, grid as such; Contractor, his or her agents and employees shall not be entitled to any County employment benefits; such as, -but not limited to, vacation, sick Teave; insurance,. ~ - worker's compensation, or pension- or retirement benefits. 1S. ~ubcontractors..Contractor.shall be fully responsible for all negligent acts and omissions of his or her subcontractors and of persons and - ~=, organizations employed by them .. _ ~ ° - . ~ _ -. .. to the same extent that Contractor would be responsible for these acts and omissions. Nothing in the contract documents shall create cny contractual relationship between County and any subcontractor or other person or organization having a direct ~ ~ . . contract with Contractor, nor shall it create any obligation on the part of County to pay any money due any,such subcontractor or other person or organization, except as ` _ may otherwise be required by law. ~_„ ~ - ~-~•: , _ .t 16. hio'Waiver of heal Rights. Upon completion of the contract work, 20. ,.. I . I. New Hanover Count Contract # 95 - 0367 Y ~! Engineer/County will promptly make final inspection and notify Contractor of final acceptance. However, final acceptance shall not preclude or estop County from correcting any measurement, estimate or certificate made before or after completion of the work, nor shall County be precluded or estopped from recovering over .payments from Contractor or his surety, or both. A waiver on the part of County of any breach of any part of the agreement shall not be held to be a waiver of any other or ~ subsequent breach. 17. Default and Termination. If, through no fault of Contractor, the work on the project is stopped for. a period of thirty (30) consecutive days or more, Contractor may terminate this agreement, in which event Contractor will be paid for materials and equipment supplied and work performed up to the date of 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 agreement and.fails to cure said breach within five (5) days of Counts mailing of Notice of Default, County may terminate this agreement forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, take the prosecution of"the work out of the hands of Contractor. County may enter into another agreement for the completion of this contract, or use such other methods as may be required for the completion of the contract. County may deduct all costs of completing the contract from any monies due or which may become due to Contractor. 18. Rssignmen~. The parties mutually agree thcrt this contract is not assignable and shall not be assigned by either party without the written consent of the .' other party and the surety to -this contract... ., 19. Contractor'sRepresentation. Contractor makes the following ... 21 3 t . :New Hanover. County Contract # 95 - 03G~' representations to the County. ~ _ - • . Contractor- has familiarized itself-with the nature and extent of the Contract. Documents, work;, site; locality;:: and all local condi#ions .and Laws and Regulations that in any manner may c~fect~cost; progress, 'performance or furni'shing' of the work. :. ~ ~ ,.. _. `, -Contractor has_reviewed and checked,allinformation and data shown or indicated on the Contract Documents with respect to existing facilities at or contiguous to the'site and.assumes responsibility for the'acci.u~ate location~of said facilities., No. additional examinations, -investigations; `explorations, tests, reports,- ~ ' studies or similar information or-data in respect of said facilities are or will be required. by Contractor. in .order.. to perform. and~.furnish he work at the contract price, within the contract. time and in accordance:.with; the other- a'erms and conditions of the Contract Documents. Contractor has given Engineer.written .notice of~ all conflicts, ~ • errors, or discrepancies that he or.she has discovered in the Contract Documents acid ' the written resolution thereof by Engineer is acceptable to Contractor. • :.~ ~ ~ ~ ~ ~ : _ 20:: Entire-Understanding. This contract.constitutes the entire'un'derstan`ding of ~ ~-~ the parties cmd contains all of the terms agreed'upon with respect to the subject ~• ` ~. T; matter hereof. :No modification.or rescission of this.contract shall be~effective unless::-' evidenced by aligned writing: ~ ... ~~- . ,. : ` w,. ~ • . ~ ~ . . , ;,, 21'. Familiarity wiih Laws. The Contractor specifically'acknowledges th"at'he has , made himself familiar with all Federal, State and local laws, ordinances, rules and ~'~_ regulations, -including a11;Federal.and State Occupational Safety and-Health Act (OSHA).requirements, -which may.in.any mangier affect~those engaged or employed in -•~~ the work of the project, or the materials or equipment in or about such work, or in any"°~'~ way affect the conduct-of such work and agrees that he;~~his:employees,• ` '' 22:.... -~ _ New Hanover County Contract # 95 - 03G7 subcontractors and suppliers will, at all times, comply with same. If the Contractor shall discover any provisions in the Contract Documents which are contrary to or inconsistent-with any such law ordinance, rule or regulation, he shall immediately give notice thereof to the County in writing, identifying any~items of work affected, and he shall not proceed until he has received written direction from the County with respect to these items. If the Contractor erforms contr to or inconsistent) with P ~Y Y any such law ordinance rule or regulatiori without giving such notice, he shall bear all costs which are a consequence of such performance. 22. Contract Work Hours and Safety. Standards Act. Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of - Labor Regulations contained in 29 CFR Parts 3, S and 5a. 23. Copeland "Anti-Kickback" Act. The Contractor shall fully comply with all Federal provisions set forth in this act and 24 DFR 85.36, such that each contractor shall be prohibited from inducing, by any means, any person employed in the ~ ' ' construction, completion, or repair of public work, to give. up any part of the .. . compensation to which he is otherwise entitled. The Contractor shall re rt all . Po suspected or reported violations to New Hanover County and other appropriate authority. - 24. Section 504 of the Rehabilitation Act of 1973 as amended and ,_ ., . , Nondiscrimination on the Basis of Handicap. The Contractor shall fully comply with ` all Federal revisions set forth, such that no alified handic ~ ed erson s all P ~ aPP P h , on the basis of handicap be excluded from participation in, be denied the benefits of, or , otherwise be subjected to discrimination hereunder. ~.. _ . - ~~ 25. A e .Discrimination Act of .1975 as amended and Nondis i , Qz~_-the Basis of Aae. The Contractor shall fully comply with all Federal provisions set ~~ ~ ... ; 23 . _ _ ` New Hanover County Contract # 95 - 0367 forth;such that no. qualified persons shall on the. basis of age be excluded from participation in,~;be denied the benefits of, or otherwise be subjected to discrimination hereunder. e ', ~ 26. Executive Order 11246. The. Contractor shall fully comply with all Federal provisions set forth in this order:' 27.; Davis-Bacon Act. A. All mechanics cmd.labor`ers employed or working directly upon'the site of the work will be paid unconditionally and not.less than once a week, and without aub equent deductions' or rebate on cmy account (except such payroll deductions as cQe ~perrnitted bye the Copeland Act (Anti-Kickback) Regulations [29 ' CFR, Part 3J the full amount due at time of payment, computed at~ wage rates -not less them those contained in the wage` determination decision of the Secretary of Labor which is attachedhereto and made,a part hereof; regardless of any contractual relationship which may be alleged,to-exist between~the Contractor or Subcontractor and such laborers and mechanics; and a copy of the wage determination decision shall be kept posted by the Contractor at ahe site of the wor--lo in a prominentplace where it can be easilyseen by the;workers. ~: - B. In the event it is found by the Contracting Officer that any laborer or mechanic employed by,the Contractor or any Subcontrdctor directly on the site of the work covered by this confract -has been or is.being :paid at a rate of wages less than rate of. wages required by Paragraph A of this clause, the Contracting Officer may: 1) by written notice of the. Government Prime Contractor terminate his right to proceed . with the work, or such part of the work'as to which there has been a failure 'to pay required wages, and 2) prosecute the work to completion by contract<or otherwise whereupon such Contractor and his sureties shall'be liable to the' Government for ariy `- New Hanover County Contract # 95 - 0367 . ~ excess cost occasioned the Government thereby. C.y Paragraphs A and B of this clause shall apply to this Contract to the extent that it is: 1) a prime contract with the Government subject to the Davis-Bacon Act, or 2) a subcontract under such prime contract. 28. Permits and Licenses. Contractor shall procure all applicable permits and licenses, including permits and licenses required pursuant to applicable patent and copyright laws, shall pay all charges and fees, and shall give all notices necessary and incidental to the due and lawful prosecution of the work. 29. Non-Discrimination. Contractor will take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the project which is the subject of this contract because of age, race, .creed, color, sex, age, disability or national origin. To the extent applicable, Vendor will comply with all provisions of Executive Order No. i 11246, the Civil Rights Acts of 1964 (P.L. 88-352) and 1968 (P.I.. 90-284), and all applicable. Federal,. State and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discriminations. Violation of this provision, after notice, shall be a material breach of r this agreement and may result, at ,County's option, in a termination or suspension of this agreement in whole or in part. 30. T es. Contractor shall pay all applicable Federal, State and local taxes, including sales taxes on all. equipment and materials used in the project. County is qualified to receive all sales taxes paid on the project as a rebate. Co ntractor shall submit a statement showing the invoice, sales taxes paid to State, sales taxes paid to county of vendor's location, and name of county of all material and equipment used. in the project. A tax statement shall be submitted with each pay :.. 25 • "New Hanover County. Contract # 95 - 0367 request and shall be accompanied by, an affidavit veri-Eying validation. 31. Interpretation. All of the terms and conditions contained in the agreement~_shall be interpreted in accordance with the laws of the State of North' Carolina. The agreement documents shall be:given precedence-in-the~following~•- ~ ` order: Agreement,. Modifications, Addenda, Supplementary Conditions,Special Conditions, Instructions to Bidders, General;Conditions, Specifications and Drawings'. 32. Arbitration. Arbitration of clairris, disputes; and questions arising under this agreement may only be used when both parties agree to arbitrate. ' ~ ~~ Arbitration shall be in accordance with tthe"Construction Industr}i Arbitration Rules of the Americcu-i Arbitration,Association then obtaining. In no event shall'fewer~than=~ ~'~" three (3) arbitrators, be used; Countyand Contractor shall each select"`one ~(1)"- arbitrator and the two (2) arbitrators shall;select a third. The award rendered•by'the" ," ` arbitrators shall be final; specifically enforceable and recordable as a~ judgment in any court having jurisdston'thereof. , : - ,t~~w `.: • _ ~. ~ ~ ` : .- 33. otices. All notices required hereunder to be sent ~to eitYier4party +~: shall be sent to thefollowing designated.addresses, onto-such other address-or ~ •~ "• -~ addresses as may hereafter be designated by either.:party by mailing of written notice` ' of such change of address, by Registered Mail,° Returri~Receipt Requested: . ~~ ~ ~ ~_~': • ~- To County: .. ~ .. _ _ _ . ~' New Hanover County • ~~ Attn: Allen O'Neal, County Manager ~. 320 Chestnut. Street, Room 502 .. .' - '`~ , . ~ - Wilmington, NC 28401 _. .. . , To Contractor: . ~ t ..r, WES-BEN Company, Inc. . _ - ..Attn: George L.eaiy, Project Manager ~ ,• h~ : ~ - P.O. Box 1133 . Robbinsville, NC 28771 .,, ~ ~ ~ :.> ., t f "r New Hanover County Contract # 95 - 0367- 34. Additional Provisions. No provision of this Contract shall be amended nor deleted, however, additional provisions may be added to the Contract. 35. Contract Documents. The Contract Documents, as stated in the Instructions fo Bidders, are as fully a part of this Contract as if herein repeated. An enumeration of the Drawings accompanying these Contract Documents follows: SHEET NO. TITLE 1 Site Plan 2 Base Grading Plan (Cell 3A) 3 Final Grading. Plan (Cell 3A) 4 Surface Water Management Details (Cell 3A) 5 ~ Landfill Gas Managgement Sections and Details (Cell 3A) (Cell 3A) 6 Details (Cell 3A) 7 Sections and Details (Cell 3A) 36. Deletions of General Conditions. The following General Conditions are hereby deleted: IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given on the day and year first above written. NEW HANOVER COUNTY [SEAL] o ert reer, airman Board of Commissioners Y . , ATTEST: er to e oar 27 . New $anover County Contract # 95 - 0367- 'WES-BEN COMPANY, INC. [CORPORATE SEAL] .. .. .- . 3 . ~ ~ esi ent .. , . ATTEST: . ,.. ! ._ ;Y ecretary .. ~. This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. .~ ..~ .Approved as to form: '~~ t . ounty finance uector ounty ttorney . ,~ NORTH CAROLINA . , ; .` (M NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certi at ucie acre personally came before me this -day and acknowledgedthat she. is- Clerk : to the Board of County Commissioners of New Hanover County, and .that, by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official .. seal and attested by herself as its Clerk. ~ - WITNESS my hand and official seal, this day of 1996. _. OtQIy c My commission expires: s 0 r e 0 ..~ New Hanover County Contract # 95 - 0367 STATE OF COUNTY OF I, aforesaid, cert~y t~ day and acknowledge Carolina corporation, corporation, the forec ecretaiy. a Notary Public of the .State and County personally came before me this at s e is ecretary o S-BEN COMPANY, INC., a North and that by authority duly given and as the act of the doing instrument was signed in its name by its President, sealed with its official seal and attested by herself as its WITNESS my hand and official seal, this day of 1996. otaiy is My commission expires: 29. .. .- ... - This page intentionally left blank ~.. { ,~ s i i r REQUEST FOR BOARD ACTION Meeting Date: 02/0/96 _ Regular Item #: 6 ~ ~ Consent Item #: ~ Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell SUBJECT: Proclamation: Respect for Law Week BRIEF SUMMARY: The Cape Fear Optimist Club is requesting to proclaim the week of February 11-17, 1996, as Respect for Law Week in New Hanover County. The Corrunissioners are invited to attend a special dinner on February 17, 1996 to commemorate the week. RECOMMENDED MOTION AND REO_UESTED ACTIONS• Adoption of proclamation FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: J• ~tEVIEWED BY: ' LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENT AND R COMMENDATIONS• ;; Recommend approval. ~ '°` jp iik ~ ~~s~~;~z s ~~ ~'~, 31 ~~ Refer to Office Vision Bulletin Board for Disposition ...~ -- ~ezv ~.cznover Coun Board o Comrrtissioners - .f .. ~'rocCamation ,, . Respect for Law Week WHEREAS, the crime rate in our community, as well as -our 'neighboring communities, continues to. rise everyday; and WHEREAS, the problems of crime touch and affect all segments of our society and can erode the moral and economic .strengths of our communities; and WHEREAS., our vitality as a community and as a society depends to a great degree on the willingness of each individual member to give of his or her time and talents in volunteer service; and .. VVHEREAS, the Optimist Clubs and their dedicated volunteer members continue to sponsor and support programs aimed at combatting crime and encouraging a respect for law; ~ . NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners does hereby proclaim the week. of February 11-17, 1996, as RESPECT FOR LAW WEEK in New Hanover County, North Carolina and ask all citizens to join the Optimist Clubs in ,carrying this message. ~ - 'Adopted this the 5th day of February, 1996. ,{ •• - ~ Robert G. Greer, Chairman ... ;_. Attest: .: ... k i Lucie F. Harrell, Clerk to -the Board 32:... ... .. . . ~n~ 1 t t A 1 1 1 1 1 1 1 R 1 1 f REQUEST FOR BOARD .ACTION "`- Meeting Date: 02/05/96 _ Regular Item #:7 A Consent,Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 8 Contact: Pete Avery SUBJECT: Rezoning - Z-559, 1/96 BRIEF SUMMARY: Request by Randall Bray for TKL, Inc. to rezone 21.5 acres at the southeast comer of US 421 North and N.C. 133 previously occupied by Wilmington Shipyard, to Conditional Use B-2 Business and Conditional Use R-1 S Residential from B-1 Business and I-2 Heavy Industrial. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. . x U1yU11yh JVUKC;N:: Federal S: .State S: County S: User Fees S: Other $: Money [s In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY:, LGL: ~ FIN: ~ BUD: HR: COUNTY MANAGER'S nMMENTS AND RECOMMENDATIONS• .; Refer to Office Vision Bulletin Boazd for is sition r Item A CASE: 2-559. 1'/96, Applicant: R: Bray for TKL, Inc. REQUEST: I-2 and B-1 to Conditional~Use B-2 and Conditional Use R-I5 ~. ~;. ACREAGE: 21.5 LOCATION: Southwest corner of US 421 and NC 133, Old Wilmington Shipyardi . .• Planning, Board Summary ~ ~ , ., The Board`voted 4 to 2 to recommend approval of the application.and attendant site plan without modification. Chairman Shanklin did not participate in the vote because he represents the owner in other legal matters. Those members supporting the application felt the project would be a major improvement to the area and was consistent with the Land Use Plan and Zoning Ordinance. Those dissenting . questioned the propriety of residential uses in the area .and worried that recreational boating associated with the marina would create hazards to commercial shipping. The lone opposition to the request came.from ~Almont. Shipping Company Their attorney: argued that the .placement of residential uses on the site might create future adversarial conflicts-- residents complaining about industrial impacts even though the industrial facilityoccupied the area first. He also stated that the infusion of recreational boating would interfere with or create hazards with commercial shipping that is commonplace along-that stretch of the river. ~, Plannin¢ Staff Sl~mmarv The property is located on the west side of the Northeast Cape Fear River at the.southeastern ..... ,intersection of US 421 and NC I33.~ The 2'1.5 acres was once the home to Wilmington Shipyard, . a bustling ship repair facility. It is now vacant, though remnants of the ship repair facility remain. s The site's primary road frontage is along Point Harbor Road, a small service±road connecting to US 421. ~ The entire frontage is zoned B=1 Business to a depth of 150 µfeet, while the remaining A, ~ ` ' portion of the property is zoned I; 2 Heavy Industrial. , . : ~, , Water and sewer service could conceivably~be`provided from.on-site well and septic.tanks, ~or a m' private package treatment plant for limited uses..However, given the-scope of the project; those'.. options maybe inadequate. Amore likely scenario would be the extension of the City of ~ ' Wilmington's services to the site. The site plan calls for a inixture;ofland-uses.:. These include: 29 single family lots, 12 townhouse ,.. ; ~ ~, . "~ k $.it ~" units, one hotel with SO,to 75 rooms, one two-story 25,000 square foot building for retail and '~ ~ces; another five-story~50,000 square foot building for retail and offices, a 115 slip marina, and ,.... , ~~ . '~~, a community/marina clubhouse housing a ships store, small cafe, bar, post office and related facilities. The property is classified Conservation in the 1993 Land Use Plan. The conservation areas typically include all marsh lands and land within the 100 year flood plain. Flood plain elevation for the property is teri feet. Generally, land development that provides for the effective long-term management of these areas is permitted. These include exceptionally designed development ® proposals on relatively high ground that limit impacts to estuarine and riverine areas, water A. dependent uses, and shared industrial access corridors. Preliminary Staff Findings _ 1. The Board must find that the use will not materially endanger the public health or safety if located ~r•here proposed and developed according to the plan as submitted and approved. a. The site has access to existing public streets. b, The site is located in the old North Wilmington Fire Department District. Service is provided by contractual arrangement with Wrightsboro VFD. c. The exact source for water and sewer service is not known. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. a. A site plan pursuant to the Ordinance has been submitted. b. The plan identifies all planned land uses. c. The plan identifies the perimeter boundary and adjoining land uses. d No data are provided concerning traffic counts or traffic impacts. e: No data are provided concerning existing trees. 3. The Board must find that the use. will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. a. Many of the properties nearby are vacant. b. Redevelopment of this site as planned would be a significant change to the quality of land uses in the area. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with plan of development for New Hanover County. a. The property to the south is a marine salvage yard. Land to the northwest is a truck stop and restaurant. Land across the river is developed with industrial uses, including a speciality lumber company and a shipping company. Conclusions and Concerns: The redevelopment of this site would create a major gateway at one of the main entrances t t ~. - ~ 3~ ~I~~ City of `Yt`tmington. Activity. on site has. been dormant. for ;several years and many of the facilities associated~with the ship repair are rapidly deteriorating. The proposed uses would result in:; '~ .- substantial improvements to the property. ,~ ; There are several concerns. One is environmental. There is not a.clear indication at this time what; impact if'any the former operation has-had on the area's groundwater... tTest wells have beeq strategically placed throughout the site to .help in the assessment but .results are. pending. ... Another concern is the appropriateness of residential uses,on the site, :especially single family, in close proximity to large areas of open-ended heavy industrial zoning. This could potentially expose them to dust, smoke, air borne debris, and noise from manufacturing operations automatically eligible for the site. Also, residential uses would be exposed. to the heavy truck traffic common along US 421 and NC 133. Traffic :volume is,intense and very noisy. - . . A final concern is the provision of public services. Wells and septic tanks may not be practical _.-~ given the intensity of planned uses. Also, the development of a ..private. package ..treatment. system . is not the~most desirable~choice, primarily due to the requirements for long term maintenance.. A more practical alternative would be connecting to the City:of Wilmington's systems. . , ,, , . . ~ ~ ., . _ . . 36: ~~ ,~ ~- ~ - PETITION SUMMARY SHEET Petition Number: Z-559, 1/96 Owner: TKL, INc. ~ Representative: - R. Bray _, Request• B-1 & I-2 to CD (B- 2) & (R-15) Acreage: 21.5 4700 U.S. 421 North Taz ID Number: Location: LAND USE, ZONING, UTILITIES and SERVICES • ~' Conservation Land Classification: Ezisting Land Use• Former shipyard site.; now vacant ~~ Zoning Histo ~ Area originally 2onPd 7~,~• i , 1 4~~ ry. ' ° Water Type: not known ~ Sewer Type• not known ' Fire District• Wrightsboro (contract) Recresttion: Riverwalk (Gifu) U.S. 421 10,000 ADT~ RoAd Acccss: ~ Volumc: School District: Howe MISCELLANEOUS PHYSICAL CHARACTERISTLCS ~ ~ ° . ~ ~ . Watershed andWater Quality Classification• Northeast Cape Fear {C (Sw) Aquifer Recharge Area• Chiefly a discharcte area Conservation Resources: Brackish marsh None .. . Historic Landmarks and Archeological Sites: ~ ' ~ , i Deve a ', yP ~~ loped nd~Dorovan (Do); Class IV Soil T ~ s and Class: i . ~ Septic Tank Suitability: Do: Poor '~° ' ., Prime Agricultural Soils: None Do:- soils;. poor due to wetness ? ~. Building Suitability: . 5~Y 'VYhat You Must Establish For~A • ~ .~ . ,Special Use Permit •- ~ • ,. . ._ Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning.Ordinance imposes the following Genera! Requirements on the use requested by the applicant. Under each re4uirement, the appGc.~nt should explain, with referenccto attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) ~ , • ' General Requirement #1 .. '- ' The Board must find "that the use will not materially endanger the public health oc safety if located where pro- . posed and developed according to ~thc plan as submitted :and approved." S!alemenl byApplicanl: 7l~ E P~oPos~n...uSE V•l 1 LL NOT. C- N DA N~ EK • R) P.~L.t.C. , ~I~ E A LT N O(Z S4 FETY . • ~ General Requirement #l • The Board must 5nd "that the use meets all requited conditions and specifications" of the Zoning Ordinance." Slalemen! byi4pplieanl: it it .: •. '.. - -T~{~ P~OFC?'SE D 1x11 X t= b l.}5C iv-CET' C.ON D 1T~101~15 `At~I D~~ SPC-G 1- ~ I G AT I O N S ~ t.~ K• ~~C.O N .p -1 T I a N A L u ;S ~` P~.2 tvl 1 r !' , -, , -~. ~ _ _ - • General Requirement #3 .' The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that ., a the use is a public nccusity." ~ , ,. _. . Slalemen! byApplieanl.; .. .. _. _ . _ .. _. . . Tti-lE ~IP~OPc~SED~'1v111~Ei~ U51=~~ MILL t~OT 11J S~JI~C-.. Tl-~1=. VALVE . d~ At7Jc71 ~llt:Jf~ o~z. , A;~~Tr'rtJ ~ ~i`.o PER-TY_ THE P~DPOSED • S1T C- VS ~ W'1LL ~P~V I DG .T4~E . ~USL1 C~ .- tIC~. ES5' ' T~ . PU f5 L I G WAFT E-~. 5. , ,. , _. 9 1 General Requirement #4 ~ ~ ~ _ The Board must find "thaC the location and character of the use~if devcloped`according to the plan as submitted ; ' and approved will. be in harmony with the area in which it is to be located and iri general conformity with the plan of development for New Hanover County." • Slalemenl'byApplicant: . • TIC E• Piro PoS E t~ F~ZOJ EGT , N ASm oN LY ~ ~ E`E~l ~ C~ E 1J~E f= I~~L~L`(' Dl S - ~ ~ • wx~ ~ W 1 T 1-I, GITY , G~~IJ r~r ~ DI=N.N"IZ . D1STl;I GGT PL<S:N - !J E ~~ ..~TI-I c ' ~ ' - .. . I~ S ~D.N 5~~: ~ la ~.S '.13~1T.1~1 •:~ •P0,51.: 1~1.~ ..~.E 5 E _. ., . S>/Ei T~~'''ArtTL~ • I~ E:•I?''LE'%T"'~i~'..DaTE~~ ~1~:(J ~2`~ ~ I~~~ FPt_~~Ivl. i7aST.2•JGT ~DENN IZ PLANNE,K,~ Zvi :D• ~PUNEK', ~ . .. .. . - .• w,, . ,. .... ,. . .. - 4 .,. • , The Zoning Ordinance in some instances; also'imposes additional specific regwrements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each ` specific requieinenf found in section'72-~ (as applicable).'He/She should also demonstrate that the land ~ "• ~ ~ ' will be csed in a manner consistent with the plans and ~elicics of New Hanover County. The Board of Cemr•.us- sioncrs may impose additional conditions and «strictions that they deem appropriate prior to the issuing of the Special Use Permit. `` ' I certify that all of the information presented in this applicaUOn:is':•acciirate to the besi.ofmy lcnowledgc, informs--. ~ , -~>•' _ '~ LL: . r _: tio,n, and belief. - _... - _ I _._r (~c ) ~- ~ .. ,I I ale !, e r3 • . M • •• Signature of Applicarifand/or weer' ' W Kb.N D D L L P~~. AY • ,s of North Carolina ~: ,apartment of Environment, ~Lealth and Natural Resources _ ` ~ • • Wilmington Regional Office :~ Division of Coastal Management James B. Hunt, Jr., Governor ~ ~ H N ~ Jonathan B. Howes, Secretary Roger N. Schecter, Director August 29,1995 • Mr. W. Randall Bray k~' Architecture/Planning PO Box 331 Wilmington, NC 28402 ' . r i Dear Mr. Bray: Thank you for sending me the preliminary site sketch of the proposed Harbor Village at Wilmington Shipyard Site. The comments which follow are based on this "very preliminary stage" information, and are not meant to be definitive statements of: project compliance with federal, ,state or local regulation or policy. I hope this information is helpful to you. I have attached a copy of Resource Protection policies from the New Hanover County Land Use Plan which might apply to this development. The limitations on development will be those defined in the "Land Classification" and "Policies" sections of the plan. Current limitations do not prohibit development. Rather, they stress that development must not adversely impact the natural resources or the function of fragile areas:•~ It is not possible to determine the impacts at this preliminary stage (for instance, the site plan does not delineate 404 wetlands). Classification and ~-' policy limit the density of development to 2.5 units per acre or/ess. Extension of seweris not to be misconstrued as an incentive to facilitate increased development density. At this time, there is no •~' extension planned to the site. I have also attached the Soil Conservation•Service $oil Survey definitions of soils expected .~~ to be on the site. Development in the Doroven, Johnston end Tidal marsh soils should be avoided. Past industrial use of the site might require careful scrutiny for toXic wastes or residues. If found, treatment would be required, .~, A CAMA Major permit would be rA~uired for development. No permit can be issued which is contrary to local regulation. Therefore, any CAMA permit issued would be conditioned on appropriate changes to the zoning designation, and on satisfaction of other applicable local ordinances. As I said during our phone conversation, the proposed development could, if conscientiously ~~ designed and carefully executed, be an asset to the County and region. I am available to meet with , you during the design and development process with whatever assistance I can offer. Sincerely, ., i od D, Bruner istrict Planner cc: C.R.Stroud, Jr. . .Dexter Ha es y 39 .~ ~. 127 Cardinal Orive Extension, Wilmington, N.C. 28406-3845 • Telephone 910-396-3900 • Fax 910-360-2004 ~~ An Equal Opportunity Affirmative ActJon Employer F 40 h ~, i. 1 l REQUEST FOR BOARD ACTION 6- Meeting Date: 02/05/96 - l 1 t n Zegular Item #: 7 B Consent Item #: Additional Item #: department: Planning Presenter: D. Hayes ?age Count In Agenda Package: 6 Contact: Pete Avery JUtiJ~C:I: Zoning Text Amendment: A-271, 2/96 BRIEF SUMMARY: Recommendation by the Planning Board to establish a special use permit review requirement for cellular towers and related facilities, except in the I-1 and I-2 Districts, including a 250 foot minimum setback from any adjacent residential district boundary. RECOMMENDED MOTION AND REQUESTED ACTIONS• Planning Board recommends approval. FUNDING SOURCE• Federal S: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: 3udget Amendment Prepared: REVIEWED BY: l ~ y- LGL: FIN: - BUD: HR: COUNTY MANAGER' COMMENTS AND RECOMMENDATIONS• • ~~~U ~1~~~~~~~~ ~~ 1,•e.~1a~ I! ~: .. e...4. ~~riw 7wd+l eaa-~~JJ " Re ire I ~F+• 5e~-I~a.c.1c. per I F{: ~- Refcr to Office Vision Bulletin oar or Dispo lion 41 Item B A-~1, 2/96: Zoning Text Amendment, Revise Requirements for the Location and Construction of Cellular/Personal Communications Towers, Antennas and Related Structures. Planning, Board Summary - ' The following amendments were recommended by the Planning Board at their January 4, 1996 meeting. The proposed changes are in response to the County Commissioner's directive of January 2, 1996 to update the current zoning regulations for the placement of cellular/personal communication towers, antennas and related structures. Staffpresented the Board with a list of options and outlined the current regulations. Presently,, the Zoning Ordinance classifies cellular and related towers as "other communication facilities." The towers are permitted by special use permit in all residential districts and by right in all non-residential districts. The options offered to the Board for consideration included: requiring special use permits in all districts, requiring minimum setbacks and/or setback based on tower height, permitting them by right in the industrial districts, requiring that all collocation opportunities or shared use of facilities be exhausted prior to constructing new towers, and requiring the removal of abandoned towers. The Board specifically discussed requiring special use permits for all towers in all districts, establishing minimum setbacks based on tower height, permitting them by right in industrial districts, requiring collocation, requiring abandoned towers be removed, and requiring a safety zone around the tower to address the impacts caused by collapse. Based on that discussion, the Planning Board recommended the following revisions A. Revise the Table of Permitted Uses to require a special use permit be obtained for all towers except in the I-1 and I-2 Districts. They would be permitted by right in I-1 and I-2. Modify entry in table "other communication facilities" to include a reference to towers ' "Other Communication Facilities, Including Towers" ' <. .. B. ~ Add a Section 72-38 to read: ` -~ ~ - ~- -- --- - - _~ - - _. ..._ 72-38- Other Communication Facilities, Including Towers- These facilities are permitted in the applicable zone subject to the district requirements and provided that: . 1. -All towers shall be set back a minimum ~of 250 feet from any residential zoning district boundary. ~ - ~ w _ 2. Any tower abandoned fora period of one (1) year must be dismantled and removed within thirty (30) days: -• t. _, , Staff agrees with the changes suggested in A. However, Staff would recommend that instead of ~~ing the special use section•that~a-new section 69.17 be added. ~. \,.,,3.. ".a». MEMO MEMORANDUM: NEW HANOVER COUNTY INTER-:OFFICE TO: New Hanover County Commissioners FROM: Wanda M. Copley, County Attorney ru~,~n~e,~s RE: Communication Towers, Item 7B of February 5, 1996 Agenda DATE: February 5, 1996 I have spoken with the Board members by phone regarding this agenda item, but will reiterate the legal issues involved with this matter. There are three issues that will be before the Board: 1) Adoption of Zoning Text Amendment. This ordinance amendment requires a public hearing. A majority vote will determine its adoption. A second reading is not required if there is not a unanimous vote. 2) Planning Board Recommendation vs. Bell South Recommendation. Bell South has sent a proposed ordinance for the Board's consideration. The difference between the Planning Board's recommendation and Bell South's is: A. Bell South's proposal to allow towers (less than 250 feet high) to be located.in non-residentially zoned districts without any special use permit differs from the Planning Board's proposal to require special use permits in all districts except I-1 and I-2. If a tower is over 250 feet, the Bell South proposal would require a special use permit in any.district. B. In some situations, the Bell South proposed setbacks would be less than the Planning Staff's proposed 250 feet minimum. For residentially zoned areas or properties adjacent to those areas, Bell South suggests that the imposed setback equal the height of the tower. For non- residential zones where no residential property is adjacent, the setback would be one-half the tower's height, with a 50 foot minimum setback. C. The Bell South proposal does provide detailed buffering standards. The Staff proposal sets forth a general screening requirement that could be varied through the Commissioner's special use powers to meet particular needs. D. The Bell South proposal does impose a demonstration of need before towers are </ .. ,S . i ~y~': a . + ~ ` ~~ located close together. The Staff s position does not 'specifically address co-location, treating such considerations as general factors to be analyzed in the special use process. E. The Bell South engineer certification requirement would seem to parallel existing building standards that would be imposed, in any event, by the Inspection's Department. 3) The Tower Adjoining Samsara Estates. The residents of Samsara Estates have inquired as to whether this ordinance, if adopted, will apply to the tower that is to be built adjoining that development. They also would like for the Board to make the ordinance retroactive in order to force Bell South to get a special use permit. The residents of Samsara Estates have filed an appeal that has stayed the issuance of a permit to Bell South. This appeal will be heard by the Zoning Board of Adjustment on February 27, 1996. Therefore, the Board of Commissioners cannot decide whether the permit will be issued. The matter is now set for hearing in another forum. If the Zoning Board of Adjustment finds for Bell South, then a legal issue arises for which there is no legal precedent. In North Carolina, a person's legal rights are vested when he receives a building permit and has made substantial good faith expenditures in reliance upon that permit. In this case, the permit has not been issued, but it would have been had the residents not filed an appeal. Bell South will argue that it did everything it should have pursuant to the prior ordinance and that if the Zoning Board of Adjustment finds in its favor, that its rights are vested and a permit should be issued. The Samsara residents will argue that during the appeal process, the Zoning Ordinance was changed, that the actual permit has not been issued and that a special use permit should be required. Recommendation: If the Board of Adjustment finds in favor of Bell South, Legal will seek a declaratory judgment from the Superior Court. We will present the issue and the attorneys for each side will make arguments for their clients. This seems to be the logical approach as we will ultimately go to Court either way. WMC/kc cc: County Manager Clerk to the Board '~ a t r 1 1 f A 1 1 I 1 1 1 1 69.17 Ot~i~er Communication Facilities, Including Cellular and Related Towers- All towers, antennas and related structures shall be a minimum of 250 feet from residentially zoned property and shall be located such that all supporting cables and anchors are contained within the property. All support buildings, panels and related structures shall be screened from view of any adjoining residential use. Any abandoned tower must be dismantled and removed after one year of discontinuance. Special use permits are required in all districts except the I-1 and I-2. i Staff believes this section better assures that all towers, whether permitted by right or by special use permit, will have to comply with the 250 foot minimum setback from residentially zoned properties. This is also consistent with recent regulations adopted by the City. (Note: The attachment is the June 1995 Zonin_ News report that addresses local planning issues in the siting of cellular towers.) ~~ is ". JUNE 1995 _ •~~ AMERICAN •, •, • PLANNING ' .L ASSOCIATION Local Planning Issues in Siting Cellular Towers By Mich~llr Grrgvry In coming months, communicics may lost chc righi to «gulatc th siting of ccllular tclcphonc to~vcrs, just as chat industry is cmcrgin as a major player in chc largo telecommunications industry. The ccllular Tc(ccommunicacions Industry Association (CTIA) filed a pcticion with the Fcdcral Communications Commission (FCC) last Dcccmbcr chat asks for fcdcral prccmpcion of local zoning powers over ccllular transmission facilities. This issue of Zoning Nrwr aims co acquaint local planners with chc impacts, teal and perceived, of ccllular towers.;Loeal siting regulations, staff reports, and tclccommunicacions plans from 15 jurisdictions wcrc rcvicwc to provide a summary of siting considerations. Planners should understand chat some jurisdictions regulate ccllular towers specifically, while others have regulations that apply to "communication cowers" generally. \Y/herever possible, we have cried to cull examples of regulatory techniques specifi co ccllular technology. These varying degrees of specificity also cxisc in chc «gulations.of many stacc communications+an~• public utilities agcneies. Planners should Icarn chcir state's bureaucratic structure and its dcfinitiort oEcommunintion cowers before drafting local regulations. Rcprescncatives of chc ee~lular industry wcrc also consulted For this arciclc. In contrast tq the tone of the CTIA pcticion, many cxpresscd an cagcrncss~to work with APA and local communicics to cducatc planners and cicizcns coward chc dcvclopmcnc of safe, fair, and informed regulations. • Cellular History In 1974, the FCC expanded the radio spectrum available to the public in order to make room for budding ccllular tclccommu- nicacions technology. Through chc mid-1980s, chc industry w•orkcd to develop higher-quality transmission devices. Cellular technology was first marketed to consumers in the form of the car phone. It presented local governments with the phenomena of ccllular tclcphonc antennas and the towers op which they arc mounted-cowers that had to be erected somewhere in the community. Unlike ground-~vircd tclccommunicacions, ccllular technology made it possible For a caller co travel w~tile eommu- nicating with someone at a conventional tclcphonc or with anothcr mobilc user. ccllular technology, explained in greater detail below, operates on a fixed numbcr of channels that share chc same radio ~vavcs. As a mobilc user passes through "cells" that parcel chc landscape into a transmitting grid, the caller's conncccion is "patched" from one cell antenna to chc next. T~vcnry years lacer, personal communication scrviccs (PCs) have cxypn~cd co include hand-held portable phones and paging u, and chc}• arc cvcrywhcrc. A survey in chc January 1993 issue of Courrrmrr Rrpartr tcportcd that ccllular ccchnology added an average of 7,300 users per day in 1992, brinsing the U.S. total to about ]0 million. Those numbers have concinucd to grow,•reaching more than 24 million by the end of last }•car. That, in turn, has czpandcd chc numbcr of _ ccllular transmission siccs to 17,920 last Dcccmbcr from just 384 a dccadc carlicr. • In responsc to both the increasing demand for mobilc communication options and a very ap~gressivc lobbying effort b.• the indus'tr}'. the FCC opcncd anothcr poriion of chc iitwavcs fur e induscr}• use. On March_ 14, the agcnry eomplcced the biggest g auction in U.S. history, lasting thrcc months and costing tclccommunicacions carricrs 57 billion. The airwave rights wcrc divided geographically into 99 liccnscs that went to eommerei.~l mobilc .radio scrvicr(CMRS) carricrs nacionwidc. The liccnscs wcrc awarded co chc highest bidders among a eombinition of older and nc.vly formed companies. The FCC will auction more . liccnscs later this year to accommodate private mobilc radio service (P,\iRS) carricrs, which strut freight transporters, public d safccy cnticics, cicizcns band radio, and ham opcracors. The nr~~ l~• lieenscd carricrs arc already acquiring siccs For towers and their accompan}•ing cquipmcnt buildings. Whcrc a markcc exists fur ccllular communications, local govcrnmcnt must be prcparccl cu ~,~_,.. _ deal with siting issues. ~' I Ca,rror flagcrf cellular .The industry's gro~.•ch ~'rorr~er: a solrrtiorr to has outpaced many local rrrrt/retie cari,rg irrrrrr governments' ability to _ . undeutand the_impacts r,f ccllulac iowcrs'arid, therefore, co properly site and regulate them. The situation is further ~ complicated when residcnn. expressing alarm over chc authctic and tcportcd health-rclatcd cffccts of ccllular towcn, prompt harry, reactionary regulation. To avoid writin: bad law, some communiti~~: have insticutcd siting moratoriums until they have ample opportunity to research and formulate regulations chat arc fair to both chc community and the industry. Both trends have put carricrs on the offcnsivr. Thwarted by local "Icarnin curves" and "tcgulator}• barriers" in chcir efforts co break into new markets, they havr sought po~~•crful rcmcdics. The CTIA,pctition argues that tltr sup«mac}• clause (section 332) of the 1934 Fcdcral Conuiuuiications Act authorizes prccmpcion of state and local regulation of cellular tower siting. APA, in a letter to the I~CC~. czprrssc.i opposition co such prccmpcion. In March, cxccutiv.• director i\lichacl Barker told the FCC that local eommunitir. and pl:uu,crs arc in chc bcsr position to balance chcir concern. with chc ~ir.•ds of the ee-1lular industry. The National . Association of •Tclccommunicacions Ofliccrs and. Administrators, nc~ U.S. Conference of Mayors, the National League of Cities, and the National Association of Counrics have filed similar objections. Nature of the Technology Low-power mobile radio communication, also known as cellular communication, is accomplished by linking a wirclus network of radio wave transmitting dcvicu (portable phone, pagers, or car phones) to the convcncional ground-wired communications sysccm (tclcphonc lints) through a scrics ofshort-range, contiguous cells that arc pact of an evolving eeil grid. For example, a portable phone transmits a signal co the ncarest cellular anccnna. The call is rdayed from nc~ antenna to nc~ ncarest land-based. tclcphonc lint or microwave dish, and then to a central switching computer. From there, nc~ call is scnc co its dcscination, eichcr gland-based tclcphonc via the land-based line or another mobile communication device via the dosesc cellular anccnna. Calls can originate or be rcccived from a wirclus source because antennas share a fixed number of frequcneiu across the cellular grid. In other words, while a caller may dial her ducina- lion number from within the radius of one edl antenna, she may ~~ travel into nc~ radius of another during nc~ call. The nll proceeds uninterrupted as the transmission is "patched" From one anccnna co nc~ next. While the eallcr is moving, the cdlular anccnnas arc auromacically locating an unoccupied frcqueney on the next anccnna, thus enabling continued transmission. ~~!/hcn a caller cannot succcssfully.place or maintain a call, eichcr he is out of range or the nearut anccnna is a full. capacity. Cellular tower technology differs from saccllitc, microwave, or land-based communications in that is is based on a nccwork ofshort-range edl situ with a fixed capacity. If the cells arc not linked by cellular towers, microwave dishu, or ground-wired towcrs, trar>smission will fail. Similarly, if a cdI is ' crowded by coo many uscrs,~ic must be "split" into two cdls, each having its own radius;•thus, only the cellular anccnnas of scparacc carriers can share space on .the same cower. Ic is physically impossible for a single cartict co dclivcr'scrvice successfully if its antennas arc not dispersed. Most local regulations require that all technically available space on existing towcrs within the jurisdiction be used before • new towcrs arc erected. In ocher words, cellular arricrs must Icasc space to other earriccs on chcir towcrs; nc~ cdlular industry considers this leasing arrangement to be a lus-than-ideal solution. As the demand for cellular cclccommunicacions incrcascs, cells in a given area must be subdivided, oc additional carriers must be permitted to operate there. T'jtc end result is the nccd for more towcrs. ~ • • i Towers and Antennas ~ --- Towers may nccd to. range in hcighc From SO to 20Qfeet so that anccnnas can,overeome the challenges posed to communications by local topography. The required hcighc is usually proportional to a combination of the distance anccnnas can cover arid the demand within chcir radius. Higher cowers generally eover.a larger . geographic arcs, but havc a lower service demand, and are known as coverage sites. Shorter towers, known as capacity situ, cover smaller arras with a more eonccncraccd demand. Tower hcighc can also vary according to cnginccring requirements for a specific site or the technical eapabilicies of the anccnnas being mounted. In addition to dcdicarcd, frcc-standing cdlular towcrs. (monopoles), tlicre are guyed towcrs (anchored with guy wires) and.larcicc, or sclE-support towcrs, which havc thrcc or four sides ofopen-framed srccl supports. Sonic cellular anccnnas can occupy space on ocher type of communication towcrs when the cnginccring is feasible. This is known as using a donor site to troubleshoot a small gap or dead spot within the grid. Amicro- cell or repeater facility is installed on a prccxiscing tower to ensure char transmissions within char arcs arc clear. Antennas can also be placed on rooftops and ocher building fcarures if nc~ building's hcighc can aecornmodare chcir service area. In addition, anccnnas havc bccn mounrcd on silos, water tanks, windmills, and smokestacks. As cdlular use prolifrnces and the technology improves, the trend coward skorcer towcrs and Icss obtrusive mounting fixtures is likely co prevail. Anccnnas arc of chrcc rypcs: ornnidi,rccrional, directional, and microwave. Omnidireecional anrcnnu, also called whip anccnnas, strut a 3G0-degree arcs. Directional anccnnas, also known as pant! anccnnas oc rccrangu(ar anccnnas, arc used ro achieve transmission or reception in a specific direction. Microwave anccnnas arc used ro link diffcrcnr type of cclccommunicacions facilities, such as when a porcablc phone user calls a convcncional telephone number. Screening, Landscaping, and Setbacks The most commori obiccrion co cdlular towcrs and antrRrL~ +s chcir acsthctic impact. Residents, many of whom use the eee no ogy, o not want co sec nc~ towcrs elucceting chcir landscape or degrading propcrry values. Planners and industry professionals havc gone co great lengihs to screen, conceal, and sec back towcrs and chcir associaccd buildings. All the ordinances revic~ved contain sonic sort of rcquircmcnr for maintaining existing vegetation or installing landsaping for the purpose of screening nc~ bast of the towerand the storage building. Towers can also be camouflaged to blend with the surrounding cnvironmcnt through nc~ use of color, materials, , and design. For instance, )cffcrson Parish, Louisiana, require" chat all cdlular towcrs bc.disguiscd as crcu: 1. The entire facility must be acsthetieally and architecturally compatible with -its cnvironmcnt. The use of ruidcntially compatible rriatcrials such as wood, brick, or stucco is «quircd for associaccd support buildings, which shall be dcsigncd to architccturallyniuch the cxtcrior of «sidcntial strucwres within nc~ neighborhood. In no cast will metal ` exccriors be allowed-for accessory buildings. 2. The tower itself must be of such design and trcatcd with an • architectural material so thae it is.eamouElagcd to resemble a woody tree with a single trunk and benches on iu upper part. Setback distances can be guided by acsthctic and safety . concerns. Most arc expresscd as a.pcrccncagc of the tower height. In the Pensacola, Florida, ordinance, the setback serves a primarily acsthctic purpose: (TJhc distance between the bast of the communications towcrs and any residential zoning district "or any historical or architecturally significant building must equal 20 percent of nc~ cower hcighc. Safety-oticnted setbacks establish a dear•zonc focfalling cover debris or the worst-cast scenario, the tower's collapse. Falling zones for cowers vary with chcir design. c st, they will collapse co a distance equal to chcir full hct~t~uc many arc dcsigncd co collapse first coward chcir base. The Oldham County, ICcncucky, setback provisions arc dcsigncd with falling zones in mind: Towers 100 feet or more in height shall be located on the lot so that the distance from the base of the tower to any adjoining . propcrryJinc or Supporting structure of.anothcr tower is. a , ' . minimum of 100 pcrt;ent~oFthe proposcd.towcr height. No. ,. vatiince shall be granted from this minimum setback • , ~cquircmcnt. Towers ias than.100 feet in height thai'nnnot, "satisfy this 100 percent setback requirement'may be approved ". by the board, piovidcd that the applicant prescnc,i certification from r icgistcrcd,engirieer tFit the tower will withscand;winds " of 1.00 milci per hour.` Some communities also determine setbacks $y what are ~ '~ considcrcd acceptable Icvclrof elcctromagnctic radiation. Oldham County; Jcffc~son County, Colorado; Multnomah - County, Orcgon;.and King County, Washirig'ton;"all have ` specific provisions related'to the electromagnetic fields (EMFs) generated' by'thc•ncw•towcr. ThrJcEl'ctson County ordinance requires a• complcirnon-ionizing elccromagnccie radiation (NIER) analysis•with every tower application • Electromagnetic Fields ' • Thc: health risks assocrascd' with EMFs have been thriccond rcatcst source of comrriuniry opposition to the siting oftcllular p-fionc towers or reasons re ate to 3tk pec5isnal safety and the pcrccivcd.irnpact on property valuc3: •EIvIFs`arc divided into ttivo basic catcgoriu. ,Ionizing radiation includes X-rays aitd~gamma rays. Non=ionizing radiation; che,catcgory to which ccllulac •` coinmuriication di:viccs, iadio and TV broadcasting ntcnnas; °~ and satcllitc stations bclong,~is considcrcd less powcrfiil bccatisc is does not strip .the electrons from atoms and~molcculcs'to form highly reactive particles knowti•as'ions. Instead, it harncsics energy gc'n-crated fi••om the vibration of inoleeulcs to contrey inforration or, in.•the cast of microwave ovens orclcctric' blankets, to create heat.'"` ~ ` ' • - Sinc'c 1979; scientists havc.conductcd more than' 1;000 scudics,.'some of which have linkcd:non-io 'zing clcci~•o~m '' geld soft ao hi " cr incidences of cari'ccr among chi dren livin in close roximity to an sou`'rcc. Howcvcc, c csc studies. o ten cited in opposinon to,c c siting of power lints and 'communicatiorr,antcnnas; have also been-Found inconclusive because they were finable to isolate their findings to a single EMF source. This' is because 'most hoiiics act . " cquippcd'with a~daricty ofmodcrn appliances"•that,gcncntc varying EMF levels. No scientific study=has shown s specific eorrclat;ion bctvccn cancec~and'thc NIER Icvcls,gtrncratcd'by a ccllulac communication facility of device. Likewise; no scientific research. has proven ~t}ierri'to ;bc completely safe. ' -' ~ ~"' Th'c'ccllulac;radio`sysicm`opci'atcs in~thc 800-900 megahertz (MHz): ultra-high frcquenry band; formerly used for UHF, tclcvision. broadcasting. Currcntlythcicarc no'g~'neral'fcdcral guidelines=For what is eonsidc''red-acceptable public exposure to ' radio=frcqu`cnry-emitted radiation. Thc U.S..Enyuonmcncal Protection Agenry is developing such staridacds,' but, tn•chc ~~' mcantimc,,many:conmuniticscare relying on theAmcrican. National Standards Institute for profcssitinallyacecptablc radio frcqucricy emissions standards for all` rypcs~of communication' cowers (sec-box on page 3): Many of the ordinances wc'tcvicwed incorpocatc the ANSI standacds into.thcir review process and approval rcquircmttnts. Though'ioo dctailcd'io list hcre,'t}cy present a c table level's ofNIER•exposures front towers ' opcrati~~anoiss frequencies , `• ' ~F~all transrniting facilities cellular towcisrypically operate at the l cst powcc levels. While a tclcvisionttowcr cm_ its up toM 5 million watts, and conimcccial radio stations tip to~'1'00,000 watts, the typical cell site emirs 100 «•ans of power or Less, sometimes as littlras~ l0 in urban areas.. ~ • : '^~:: ~It should br.notcd. thatsomc ordinmccs, like Multnomah Counry's;aincludc:provisions that a'uromatically apply more stringent standards if those arc ever issued by the federal government. For more information about the relationship of ccllulac communications to Elvlfs, planners-may consult the `Elcetromagnctic Energy Association, 1255 23rd St.; NW, VUashingion, D.C 20037; 202-452-1070. EEA is a nonprofit group'rcpresenting corporations and individuals assoi:iatcd ~~•ith •'industrics that use non-ionizing'E`4Fs: ' ~ . •~ :~ . .,For More Information •,. o n E M•F~S .~:. ~. . ~• ~ - ,. ,. • ~•,... ~r•. .. ,.. o assist local governments in developing ." ` _. ~ ~ ~ •~r'egu}ations for siting cellular towers, the American ~tat~onal Standards InsGwte has published the .- tandards,of the Institute of Eleurical and Electronics 4.. ..Engineers.. in IEfE Standard !or Safety Levels with Respect • fo Human Exposure to Radio frequency Electromagnetic , ' 1 ,., fields,•3KHz to 100 GHr, 199? (ANSt/1EEE C:95.1-T992 ' ' IRed'e5ignation as At\St/IEEE C9~.1':1'9911). Another' ~'~ 'useful ANSI document is Recommended. Practice for the - Measurement of Potentially Hataidous Electromagnetic `'~ fields=Rf 'and Micioivave (ANSVIEEE C95.3-1992). Otderfrom;American national Standards•Institute, l l •• • _~ W. 42nd St:,^°h'ew York, NY 10036; 213.642.4900. Also ", . seethe@,IEEE„position statement, 'Human. Exposure to RadiofrequencyFields for Ponabfe and Mobile;T.ele- ' phones and OtherCommunications Devices, 1992.' ' Though it predates the advent o(cellular.communi- ;cations;.a good source for general information on•the tegulauon of'radio and television towers-is PAS Repor( 8384, Regulering °Radio'aiid TV ToN•ers,`by Beverly . ' ' ~ ' Bookiri and larry'Epsfein (Chicago: American Planning " , . ~ ~` Association, .1984). for more information on EMFs in eneral; consult PAS Report x435 fleclroma~netic g h .~.~~, ~E~!I!hlds and'Cand-Use Controls;'by D~av`~drBergm~rCou~s ~ rni and Matthe Connelly,(t:hi£a ti ~menca ~} . ann'ng ot:~ati~ •191'). a ila~fiert gli`;4'"' . Pl inner;~Books~~..,~22.1~.i ~Ye wee; -,•, r ~ ' Other Standatrd Provisions - Colocatio,r. In',order to minimize tower proliferation, most communities tcquirc applicants to exhaust all'poslible avenues' for sharing space on existing towers, usually in, a section of the ordinance on colocation or shared~use. Factors that'deccrmine; fcasibiliry.includc available ipacc on existing towers, th'c to~~•cr~ owner s abiliry'io•Icasc space; the towers"structural capacity,"-~?• radio frequency intcrfcrcncc, geographic scrdice area . rcquitctnents; mechanical oc clectrinl iricompatibilitits,~ the % ' comparativc~cosu of coloration and"new eon`struciion, acid aii~~ FCC limitations on #o~~ec sharing. , ~ ~`~ • . , Many'ordininccs namcthc rcgional~or state cornmunicatiori~ ; division responsible for~iracking the availability ofsuit361c { sharing apace on towers. Local rcgulaiionsshould be dcvdolicd in candcrn'~~•ith such agencies: In Palm Beach"Couriry, Florida. '` tower applicant's must send a cerificd riiail announeentnii tai all other tower users in chc area, stating tlicirsiting needs and/or. sharing capabi~Ctics in ari effort to encourage tower sharing. Applicants cannot be denied or deny space on a tower unlus mechanical, structural, or regulatory factors prevent them from sharing. In other words, competing carriers cannot lock each other out of territory. The ordinances for Jefferson County, Oldham County, Multnomah County, and Palm Beach County offer detailed examples of sharing provisions and (cuing terms. Structurallntegrityatrd Inspection. Most ordinance require that any new or modified towers be certified by an enginccc accord- ing ro structural standards for antennas offered by either the Elcc- rronic Industries Association or the Te(ceommunieation Industry Association. Inspection schedules seem to vary widely according to the type oftowcr, u in this provision from Jupiar, Florida: Inspections-The town eouneil.may require periodic inspections of communication towers to ensure structural integrity. Such inspections may be rcquircd as follows: a) monopole towers-at last once cvcry 10 years; b) sc1F-support towers-at leer once cvcry five years; e) guyed towers-at (cut once cvcry thret: years. Inspections shall be conducted by an engineer licensed by the state of Florida. The results of such inspections shall be provided to the director of eommuniry development. Based upon ruults of an inspection, the town council may require «pair or removal of a communication to~vcr. L'quipment Buildings arrd Lot Sizes. Cellular towers arc often :accompanied by a small, usually unstaffcd storage building that '~ouscs transmitting cquipmcnt. Some ordinances treat them as accessory uses or structures, while others specifically state chat they arc not. Most rcquirc some setback from adjoining propcrry lints; the rcquircd setback is usually proportiopal to the area's density. Oldham County seeks to discourage more incense use of the sire: (T)hese facilities may not indudc offices, .long-term vehicle storage, onc~r outdoor storage, or broadcascstudios, except for cmcrgcnry purposes, or onc~r uses that arc nor needed ro send or receive transmissions. Lot sizes For cellular sites arc usually chc minimum for the district in which they will be built. Mairrteriarrct arrd Parking. A few ordinance indudc standards for facility maintcnancc and parking. The Multnomah Cotinry ordinance has the moscextensive treatment of maintcnancc impacts: Equipment at a transmission facility shall be automated to the grcaccu extent possible to reduce trafFe and congestion. The applicant shall describe anticipated maintcnancc nccds, including Frequency of service, personnel nccds, cquipmcnt nccds, and crafFe, Hoist, or safety impacts of such maintcnancc. t Ze"inj Ntnr is a monthly newsletter published by the American Planning Association. Suburiptions arc available for S45 (U.SJ and s5~ (foreign). Atichacl B. Barker, Eaeeutive Director; Fnnk s. So, Deputy Eaeeutive Director, ~t'illiam R. Klein, ~ireuor of Research. Zo.rint Nrws is proisueed at APR. Jim Schwab, Editor, Afiehacl Barrette, Dan Biver, Fay Dolniek, Michelle Gregory, Sanjay Jcet, Beth McGuire, Marya 6forrit, Chris smith, Reporters; Cynthia Cheski, Assistant Editor; Lisa Barton, Design and Production. Copyright m1995 by American Planning Association, 1313 E. 60th St., Chieago,lL 60637. The American Planning A~soeiation has headquarters of6eet at 1776 Alauchusctu Arc., H.W., V/ashingron. DC 20036. All righn rucrvcd. No part of this publieatiod may be reproduced or utili:cd in any (orm or by any meant, electronic or mechanical, including photocopying, recording, of by any information storage and retrieval system, without permission in writing Crom the American Planning Association. ('tinted on recycled paper, including 50-7040 recycled fiber an,I 1090 pouconsumer wane. Whcrc the sire abuts or has access to a collector and local street, access for maintcnancc vchicles•shall be exclusively by means of the collector street. Parking rcquircmcnts generally do not apply to cellular towers. For those communiriu that rcquirc parking, the provision applies to an overall "communication tower facility" ordinance in which spaces arc rcquircd only when chc equipment building is staffed. Lighting and Security. Lighting for communication towers i_s rcquircd when chc cover is tall enough to concern the Fcdcral Aviation Administration (FAA). Jcfl'crson Parish acknowledge FAA regulations and the privary of neighboring property owners: When lighting is «quircd and is permitted by the Fedora! Aviation Administruion or other Fcdcral or state wthoriry, it shall be oriented inward so u not co project onto surrounding . residential propcrry. Others, in more urban arcu, may rcquirc full review and certification of the tower application by their local airport authority. This provision is From Palm Beach County: Prior to chc sire plan certification, chc applicant shall provide documentation that chc proposed eommuniarion tower hu been revjewcd and is not dctcrmjncd to be a hazard by chc FM .. . (via) the Palm.Bcach, County Dcputment of Airports... ,The PBCDOr1 shall review the eommuniarion tower appliarion to determine if it is a hazard to any FAA flight paths. Some ordinances also rcquirc fencing or signage. Jupiter requires asix-Foot safety Fence with a locked gate. If high voltage is necessary, signs must be posted cvcry 20 feet, saying, "Danger-High Voltage." The operator must also post "No Trespassing" signs. Abandonment. Most ordinance also restrict the time in which an unused tower may stand co between six and 18 months; with somercquiring the tower applicant to cover the demolition costs. . Application Rrgrriremurts. Perhaps the most Idling section of any ordinance is its application rcquircmcnu. Although some communities do not list thcsescparatdy, doing so Icts the applicant know exactly what must be provided and indicates how much chc community knows about chc impacts of cellular phone tower siting. These rcquircmcnts should be dearly stated .and not impossible to fulfill. Jcfl'crson Counryoffcrsan excellent explanation of what it «quiru from any tower applicant, and its provisions demonstrate serious research by the planning department and onc~r local agencies. Review of this ordinance and its accompanying "Low Power Mobile Radio Communications Land Use Plan Addendum" is recommended for anyone dealing with cellular siting issue. Meeting the Challenge Any cellular carrier seeking to locate in a eommuniry is prepared co deal with siting controversies. Some corporations have even gone so far as to pay for retaining a third-.parry consultant to review anything they have helped draft. Thee firms target sites for acquisition based on their topographic eflieienry, their accessibility by road, the availability of clcctric:powcr and land- bascd tclcphoric lints, their lcasabiliry, preexisting vegetation pnd screening potential, existing zoning, compatibility with. adjacent land uses, and their ability to transmit to the lar s ea. . If local governments show chat they can met ~ st of chest nccds while preserving their community's aesthetic integrity, .health, and safety, they should be able to avert Fcdcral preemption of their local .rights and responsibilities. ur,~ *~~ REQUEST' FOR BOARD ACTION Meeting Date: 02/05/96 E~egular Item #: 7 C Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 2 Contact: Pete Avery SUBJECT: Zoning Text Amendment: A-269, 1/96 BRIEF SUMMARY: ~' Request to revise Section 69.4, High Density Development; Subsection (5) C.9. to require approvals ;~ to be made by the New Hanover County Board of Commiss>oners. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends denial. k UtVllI1VCT SVUIZCE' Federal S: State S: County $: User Fees $: Other $: LMoney Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ~~~ REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMM NDATION~ ~~ 0 0 0 D k~,J~ V a~• ° ;~ ` 1J lS7L .•ta,~ ~ 4.a ... e....s ,.f s~~ ~/ t'; a f _ l7&°to'a.....~ ~~ 2~ l e.W ~ _t Rcfer to Office Vision Bulletin Board for Di srtion.~.D ~ Item C - ~ A-269, 1/96: Revise High Density, Section 69.4, Subsection (5) C. (9) to Require Approval be Made by the New Hanover Board of County Commissioners . . _. '. - Plannine Board Summar„X ~ ~. ~ -~ The Board voted unanimously to recommend denial of the proposed text amendment. Several reasons were given for that position: -. . 1. It would fragment the TRC's~current responsibilities for approval of subdivisons. '~` 2. It would place approval of these subdivisions.at the policy malting level. . 3. It would be an inefficient"use of the Commissioner's time The Board also stated that unless the a royal re uired a s ecial use ermit the mmi pp q p p Co ssioners would have no discretion in adding conditions. Under existing requirements, if a high density , project is consistent with the Subdivision and•Zoning Ordinance, the project must be approved. Plannine Staff Summar,~ The New Hanover Board of County Commissioners has directed Staff to revise High Density regulations to require approvals be made by the Commissioners instead of the Technical Review Committee of the Planning Board -This can be accomplished as~follows: ~- " (9) When any development proposal is submitted under this section, it shall be processed under the provisions and standards of the New Hanover County Subdivision Regulations as amended, , except that nreliminarv plan r~y~~h r~Pnc;rY p~jerr cha11 hP reviewed and ap rov ,y the New Hanover Board of C'nr~nry Commissioners. y a (NOTE: Revised language indicated by underlined text.) -- :. ~ ._ ~ . .r . . Ct1R_RFNT LAN tlA ~F . - ~ ~ ~ .. = j{ . . (9) When a development proposa) is submitted under this section, it shall be processed,as`anyY_1.~..~ ". other,subdivision of land under the.provisions of the IVew Hanover County Subdivision ~:.:: ;` ~ ' ~.• 's~ Regulations as amended. Residential projects that do not involve. he subdivision of land shall also`' x be reviewed and approved.. in accordance with the.same procedures and standards as established:in the Subdivision Ordinance. - - ~ ~" ~ ~ °~ ~ ~ x ~ - " ~ ~ ~ - ~- STAFF SUMMAeR~ ~~ ~+~ ~~ ~ U ' -. ~ ~ ~~ , ' amendment removes the responsibility for approving high density development from the :. _. k ~~ ~~- ~~'. \~' ~. ,,, +~~ 1~F ~~'; `~!'_ -y {~/ ~~;~ Planning~oard's Technical Review Committee and places it with the New Hanover Board of County Commissioners. Such approvals occur administratively when a determination is made that the project complies with the County's ordinances and regulations. There would be no changes in the review procedures at the Staff level. Since January 1994, the Technical Review Committee has approved eight (8) high denisty projects in the County. These projects combined include about 800 dwelling units. This represents about 12.5% of the 6,353 lots/units given preliminary approval by the TRC in the same time period. Of the eight (8) high density projects approved, three (3) included some form of attached housing while the rest were detached homes on individual lots. 51 r ~ ; :1 A 1. ~~ ~' REQUEST FOR BOARD ACTION 6-- Meeting Date: 02/05/96 - E~egular Item #: 7 D Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes ?age Count In Agenda Package: 2 Contact: Pete Avery SUBJECT: .Subdivision Text Amendment: A-270, 1/96 BRIEF SUMMARY: Add a requirement that the E-911 Center be responsible for approving p roposed street names and subdivision names. RECOMMENDED MOTION AND R QUESTED ACTIONS• The Planning Board recommends denial. 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: COUNTY MANA R'~ COMM NTS AND RECOMMENDATIONS ~ C ~a,c~gcs ~~ e~}eEl ~~~ ~~ el u r~ ~ ®a .,.~ v ~, c~ 1. ......:~.~ ~ 53 Refer to Office Vision Bulletin Board for Disposition .. ... Item D _ ,, A-27D 1/96: Subdivision Amendments-Pro osed r v' i n _ p e ~s o s perta~n~ng the process for approving street names and subdivision names. Planning Board SummarX - The amendments below were first presented to the Planning Board at its November}1995 meeting. After discussing its options, the Board voted to table the matter. At the January meeting, Staff repeated the purpose of the amendments and why they were initiated. `They said 'the amendments would centralize approval authority for subdivision name and street names with the E-911 center. On occasion, conflicts arise between the TRC, the developer and the E-911 Center over the use of a particular name.. Staff told the Board that the current process allows for the E-911 Center to make recommendations on the approavl or denial of a proposed name, but the Subdivision Ordinance gives the TRC final approval. In a few instances, the TRC has over-ruled the recommendations made by the E-911 coordinator. Sometimes this leads to an appeal to the Board of County Commissioners similar to the one heard on January 16 for Greenville Manor. The Board debated the pros and cons of the revisions. They agreed that a portion of the language proposed for section 41-1(9), ,specifically the wording. "any part of the name",, would make it extremely difficult to establish names because it would eliminate so many options. However, they also agreed that the problem with the E-911 Center was not ~as great as it appeared, noting that there have been only a few instances where their recommendations were not followed. Because the Board didn't believe the naming of the subdivision was as critical as the street names themselves, they decided unanimously that the proposed revisions were not needed. The vote was 7to0. Plannin¢ Staff Summary a... The following amendments related to the approval of subdivision and street names and avoiding duplications: ~ 3 ~ " • ,° 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 shall any- part -of. the~~~narae for a ' proposed subdivision _ duplicate ior. ,be phonetically .similar . to existing.;' { subdivisions in New Hanover County...All subdivision names shall be approved, by the~County Emergency 911 Center., -'~~ ~ ~ ~ `'~~ ;.~ - ~ .~ -. Existing: 4~1~ 1(r7), Stree~s`~t~ '~..~ ~` ' ~(D.) Proposed streets wluch~are obviously in alignment with other existing and named streets shall bear theta°ssign`ed 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 54. .. ... e ~. ~~. ,~ r ~, ~~'. ~. .~ ~, \~ t ": ,~, ~- ~~. ~~> or other subdivisions in New Hanover County. Proposed: Add the following sentence: All street 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 Technical Review Committee . These text changes would shift that authority to the E-911 Center. (NOTE: To avoid the problems suggested that proposed language in 41-1(9) would create, Staff would offer the following alternative language: Reword to read: In no case shall a name for a proposed subdivision duplicate or be phonetically similar to existing subdivision names in New Hanover County. All subdivision names shalt be approved by the County Emergency 911 Center. 4 55 . ~A 56~-= Budget Amendment . / / / / / / / / / / / / / / / / / / / / / / / / / / / / / % / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / % ~ % / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / O ~ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / O ~ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / DEPARTMENT BUDGET AMENDMENT # DATE Non-Departmental/ 96-0132 Engineering ADJUSTMENT DEBIT Non-Departmental Contingencies $20,000 Engineering Other Improvements EXPLANATION 2/5/96 CREDIT $20,000 To transfer fiends from Contingencies for the. cost of applying a temporary 2-ply roof system at the Library to insure a water tight seal until the new roof is completed over the next 30 to 45 days and to establish contingency funding for the project ($14,500/roof and $5,500/contingency). With approval of this budget amendment, the remaining balance in the General Fund Contingencies account will be $64,695. ~~~~~~~ ~...... `, ,,,,,~,...,,-g~ ~~~~ 2/ti/ P'or Budget 0117cer's approval; then report to Conunissioncrs at next regular mecling J and enter in minutes. 'Co be approved by Commissioners. To be entered into minutes. ~~1 h h 1 ~ ~ ~i ~ •7 ...Gd o~ _ TO:" Dave_Weaver Assistant .County Manager • FROM: - George Shaw ~~`'j~`^~-- Chief Project"Engineer..- RE: Library Roof ":Severe. leaking, has occurred on the. library roof during the .process of stripping the existing roof-from the concrete roof deck. The concrete deck, which is now being exposed to severe weather fluctuations, is experiencing widening of existing cracks or "cold" " joints which are areas of the .slab joining concrete poured at " different intervals. This is not a structural or safety problem., However, the severity of the shrinkage, ,particularly given the temperature extremes"this time of year, has made the existing vapor - barrier and hot mopped asphalt temporary roof inadequate to span,. without cracking, all of the joints.," , The only solution, to prevent water damage to the library,. is to apply a temporary 2 ply roof system. This can be completed in. a few days and will insure a water tight seal until the new roof is completed over-"the next 30 to 45 days. The cost is $14,500.00. L t t NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC FEBRUARY 5, 1996 6:30 P.M. ITEMS OF BUSINESS Approval of Minutes ADJOURN PAGE NO. 59 57~ Tlcis pad e iirte~rtio~ially left bla~tk 58 ~ ~~~ a v 0 0 r t i e r i s r. t r REQUEST FOR BOARD ACTION Meeting Date: 02/05/96 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 January 16, 1996 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other $: Money Is In Current Budget: lYew Appropriation Request: Budget Amendment Prepared: LGL: FIN: .BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ~~G~ o~~:~~ ~~ Refer to Office Vision Bulletin Board for Disposition 59 r This page intentionally left blank ~+ ,~ 1~ .~~, `l r-' ~, r t '., ~--; ~' .~~-~ .t Y r- a. i~ ~i .r--, I~ J NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA FEBRUARY 5, 1996 6:30 P.M. ITEMS OF BUSINESS = PAGE NO. 1. Approval of Minutes ~ ~ 59 2. Approval of 1995-96 grant for Human Relations for the amount 65 of $7,600. 3. Approval of Disposal of Coulter Hematology System from the 73 Health Department Laboratory as a $3,435.50 trade-in on the • purchase of a new Hematology System. 4. Approval of Grant for Cooperative Extension's 1996 summer 77 • program for school age children 5. Approval of purchase of replacement Incident Command and 87 -Mass Casualty Supply Vehicle for Emergency Management 6. Acceptance of N.C. Coastal Management public beach access grant 93 7. Approval of reclassification of Material Control Specialist to 105 Safety Officer 8. Approval of grant application to the N.C. Department of Crime 107 ~ Control and Public Safety for Upgrade to the Criminal Justice Information System 9. Approval of acceptance of Criminal Justice Partnership Program 115 Discretionary Grant and associated Budget Amendment #96-0131 10. Approval of award, of Bid #96-0241 for the purchase of a ROLM 133 Telephone System Upgrade and the trade-in of surplus telephone equipment 11. ~ Approval of NCDOT Road Additions ~ 165 Indian Corn Trail and Tall Oaks Drive (Ratification) Whitted's Circle _ ~61~ .,~~,~ ~ i f ~.1 12. Approval of Ratification of appointment of new Human f Relations Commissioner ~ ~ 13. Approval of Report of Disposals of Personal Property in ~ accordance with CS 160A-266(c)for the period of07/01/95 j through 12/31/95 i 14 Approval of Budget Amendments: A. #96-36 to increase budget for additional Federal forfeited property revenue received by the Sheriffs Department B. #96-35 to increase budget for additional ce~rtracted substance revenue received by the Sheriff's Department C. #96-0116 to budget a contribution to Cape Fear Resource Conservation & Development, Inc., anon-profit agency serving Brunswick, Columbus, New Hanover and Pender counties D. #96-0105 to budget a grant awarded to the Parks Department for Riverside Park, Phase II E. #96-0117 to budget contributions to the Health Department for the "Commit to Quit" Project i F. #96-0118 to budget Child Fatality Prevention Team (CFPT) grant funds for supplies associated with Team responsibilities Health Department/Child Health ~ G. #96-0120 to transfer funds form Furniture/Equipment (Category II) and Vehicles (Category III) to Architect/Engineering Services- Feasibility (Category I)-New Hanover County Schools Fund H. #96-0123 to budget additional health fees and transfer contingency funds for the Jail to meet the increased need for medical services I. #96-0124 to reduce the Human Services Transportation budget to actual amount of funds to be received for f seal year 95-96 J. #96-0125 to increase budget Aging Department Budget for ~a revenue received for registration fees ~~ ! . -I , r_ -,~ ,,~~ ~~, ,~ ~~ r ;, ~~ r I ~~ f ~~ ~~~ `~1 ~.~~ ~, ,~~~ .REQUEST FOR BOARD ACTION , "~ Meeting Date: 02/05/96 _ Regular Item #: Consent Item #: 1 Additional Item #: Department: Governing .Body Presenter: Lucie Harrell Page Count In A"genda Package: Contact: Lucie Harrell JUt3JC,l..l' Approval of Minutes BRIEF SUMMARY: Approve the following, minutes: Regular Meeting of January 16, 1996 RECOMMENDED MOTION AND REQUESTED ACTIONS• Approve the minutes UNDI Federal S: -State S: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation, Request: Budget;Amendment Prepared: REVIEWED BY• LGL: FIN: BUD: HR: COUNTY MANA ER' COMMENTS AND RECOMM 1VT)ATT(lNS ~a~~-oi<~ ~a~~,~ .~.~~ ~~r.te~ ~~ x.63 Refer to Office Vision Bulletin Board for Disposition ~, ~~ ~t ~~ ~~ _~ `~..~ ~`' _~, ~~. .~~~ ,,~- ~~ ~, <~`~ t .~ 't~~ ~~ '~, ~a _ ,REQUEST FOR BOARD ACTION .~- Meeting Date: 02/05/96 Regular Item #: Consent Item #: 2 ~ Additional Item #: Department: Human Relations Presenter: Page Count In Agenda Package: ~ Contact: Anthony Wade SUB.TECT: 1995-96 HUD grant for Human Relations BRIEF SUMMARY: Human Relations has been awarded the standard HUD grant for fiscal year 1995-96 in the .amount of $7,600. $5,000 of the grant will be used to pay for attendance at HUD sponsored training workshops. RECOMMENDED MOTION AND REQUESTEn ACTIONS• Recommend acceptance of the grant; request authorization .for the County Manager to sign the assurances. Note: No budget amendment is necessary; grant has been budgeted. FUNDING SOUR .F.~ Federal S: 7,600 State S: 'County S: User Fees $: Other S: Money [s In .Current Budget: Yes New Appropriation Request: } Budget Amendment Prepared: No ~LGL: ~ FIN: APP BSHELL BUD: APP CGRIFFIN HR• N/A AMALLETT Recommend approval. This is a routine >;rat~t. - - - ' - ' Refer to OfTice Vision Bulletin Board for Disposition i r L,~ assistance Award/ u.s, o.p,rtm.nf olFiou,ln9 \fl'1@rldrTlellt ~ and ufb.n 0avaopm.n! . ~ ~~ ~ ~ ~ i u r+w ru an,rtvn ~L T o~ a nc,on Cbop..rativ. Agr.~m.nt Grant - X ,lward Am~ndm.nl _. .._ _. r~svvr+.r`c rwmo.r ~ ~. Am.nCrr+.~c ku+~o.r N !. Ee.cri. Oau d f+a Acson fa, Conrd M,mp„ ' 10-1-95 VaT~ ar+Q Ae3r~t• 01 Ric:?tnI / ACrNrt ptfp , ~ . .. O~iae procurement and Contracts i3ew Hanover Human Rel. Commission 451-1th Street, S.W., (Room B-133,11.1 Bldg. 402 Chestnut Street Nashington, „O.C. 20410 ) Wilmington, NC 28401 t+t N~rt+~ orAdmraruor Tw~r,o,w ~~ ~hirlev J..-_FIfT1~in (404) 331-5140 ~. Frca«+c P~olee 1.l+nagor 1.~}IW Go.~mm~nt TKlrticti ft~pr-sMCUv~ As YS:arx~A~rar+q~i*rnt tL'PryRVrultiv+od . Cost R.imburs.m.nt 7r.asury Check R.imtwrsom.nt I'li Cost Sharirtq Advanc. ChQdt Y Foc.C Pric.. Automat.d Clearirt9hous. . Asoa~anca ~n+arnc ~ Provious HUO Amount S _0_ j tiUO /',mount this ~ctbn . S 7 , 600 Totat HUD /lmount S 7 , 600 RPCioiant Amount S -0- ! Total tnswment Arttount S 7 , 600 ~ sci~don; g pun n9 v s on 75 Spring Street,~S.N., Room 230 Atlanta, GA 30303-3388 GTR-Owight Ro6lnso~n, Atl.(404Z 33'1-4149 t~3f~Pk'e ~`ona Acc ti Oi i i . 1S, kW ~nanq aro /~pp~oQ~uta+ oast 1St Aoooirvax, Mrr+D~r tSp• tiu,rvagon F1ur+Cor 865/60144 I FNFO 04 Mtount Prwiousty GbGga1~Q S _0_ Obfgatpn by Ihrs sr_.,on s 7.600 TotalObfqu~on s 1,600 ;~ ~ _ , COOPERATIY'E A6RE6HEMT. FOR FAIR HOUSING ASSISTANCE. PROGRAM (FHAP} CONTRIBUTIONS AlID TRAINING This agreement consists of the folloMinq, which incorporated herein and made a part hereof 1. Cover Page, HUD-10.44 - ~. 2. Schedule of Art.Lcl~es - ~ - ~- 3. Stateme~t~of Work ~ • - 4. Section 3 Clause 5. Assurances - 6. Criteria for Processing :; ° 7. -Adotini strative Requi retnents for Grants arid Cooperative Agreements Order .of Prec~edenc'e: Kottwtthstan~ding ,any provision to the.con.trary, in the evens of a conflict among any of the documents pertaining to the duties and responsibiT~iti'es of t-fie pat-ties.,~.the Statement of Work shall - take precedence over the 'Schedule of. Articles.... • ~ . \ , ~* '"0 .l (; - R.cp~ont is r.~ulreQ to sign ar++Q ntum t?tr.~ (3) ~ptas t~. (y R«~pi.rtt x not rsQuinQ to spn tha 6ocum.ru. E ~ o! this ~o~wn.nt to the HUO /t.Qministarinq Office t^ t r~~ z~s ~-- A ~'ae,rE j ns.: ~thony W. Wade rector ic. Fuo t8r t: a..: 10/09/95 e ~ ktns - Cooperative Agreeatent Office 9/~~~9~ ~ "' k,. 1~.1 , •'. .., r,. _ • ~ ~ _ 8022.1 1 ? . .~ AppenOix 12c ~. - , .. ., ~:; . . ' .. > , ~ Oh8 STANDAP.O ASSURANCES - Sf .4248 ~ ~ . ,•• - ~ '• :Drug • . Free Certiticatlon •• , •. ' . i •- • .. -J. a .. _ ~ - . '~ - • ... .. .- : i . • +~ - .. .. 1 } .. ' ~ w ., ..)li ..tJ...~ .. ~,. . c 1~ ... ..: . . •-.• .. l - • 67.- . f 12c-1 6/90 8022.1 Appendix 12~ ATTACNht£HT C pw aK.~.N i• IW aoaa ASSURANCES -NON-CONSTRUCt10N -ROO~LIMS If~ote: CtrLin of thes< assurances avJ pot bt applicable to Tour ~oje<t sr pr+jram Uyou Aa.e {vt:tione, please contact the a~ardin{ ajencJ furtl+er,eer4in Federal a•arlint ajrncKa azaJ rtQuirc applicanu to eertilJ to additional assurances !lauch it t}+e esu,Jrov•ill be notified As the du1J avthorircd represrritatire of tt~e applicant's etrtih that t}+e applianl: !. S. 6. Hat the le.jal authority to-applJ (ar Faderal assistance, and the Inttltutional, cunajerial~a:~d financial capability (intludinj funds sufficient b pay the non•Federal share of project eostsl to ensure proper planninj, snsna jemenl and tom• pletion of the project described in this application. 2 Kill ~i.e the a••ardinj ajeney,.thc Comptroller General of the L'nitrd $utrs, and 31 appropriate, the Sute, throv~h anJ authorised rcprestntati.e, accrss to and the rijht to eaamine all records; books, Wpert, or d,ocumcnts related to the •~ard; and ••ill tstablish'a proper aerovntinj trsterfl in ~ccordanct with ~enerallp accepted atcountin~ aundards or a jenc~~ directive:. ]. Kill estadlish ufejv~rds to prohibit employers from vsinj their positions fora ,yurpott that tonstitutet or presents the appcarrnce of personal or ortanuatioral conflict of interest, ar ptrsontl fain. Kilt initiate and complete the .ror1< •ithin the applicable time franc alter receipt of sppro~•a1 of the a•ardin j sjenry. Vti'ill comply .•ith the Inter jo.ernmental Personnel Act. of 1970 (« 1:.5 C. l{ 1726•~T6]1 telatin j to prescribed tundards for metal tystetaa for pro jTams funded under one ~f the nineteen statutes or rejvlationt specified in AppKndi: A ad OPSf's Standards for a 1Scrit System o(Personnel Administration (S C.F.R:-400, Subpartl!7:• ' Will eoaiplJ .-ith all Frdera] ttatvtts nlatint to aondiscriaitnation. Theft include but are trot Iimitad Loa (al TiUt- YI of the Ciril Bathes-Act of 146.1 (P.L. db•3S2) .hkA prohibiu 1u-rimination on the Ib:a:is' of race, color or nations) eri~in; (b) Title IX of the Education Amendmenu of 1972, as amended (20 US C. !}1 16a1.1bE], and 16dS-1'66), •hich proh;biu di strirriinrtion on the basis of te:; (c) SKCtion S01 of the itehabilitition Act of 1.471, as amended (24 LS C. 1 7411. •hacb p*oh3fu !Is• triminaUon on tit basis of hanQiups; (dl the /ljt Diurimination Ilct of 1475. at ac~endcd (d2 l'.S C 6i 6101.6101), •~hlch prohibiu liscrira• !ration on,thc b•atis ofa4e; (tithe Druj Abvae Ofret and Treatment Act of 1172 (P.L. !2.2SS1, a~ ta~itndef, rtl~din j to s~ondiscrimlrution •n the -atit of true abust..lf) the Compre.hlnaI.-t Aka#~ot Abuu and A-coholitm ~rerention, Treatment and Rehabilitation Act •f 1170 (P.t.. !1•il~l; at ~mendtd, rclatinj to e+ondiscrimination an the basic of ekoM,l abuse or alcoholism;{j1 i 1 S11 and S27 of t}u tub:ic Hc,alth &t~rlce Act of 1112 (/2 l:3 C. 240 dd ~~ ar.d 29.0 ee• 1), at amended; rclatinj to eonfideatialil}.of akohoi and drat abuse patient records. (h) Tstle Yl)1 of the Ciril Ri jhu Art of 1446 (/1 L'.S C 2601 at teq ), as ~aaiendcd, rclatinj to nort• discrimirution in the ale, rental or f:rantinj of housln{; (() any atber nonditcri~i~nation pro.islons In the speilfic itatute(i) under •~}-irh application for Federal usist~nce is be:n~ made. and (J) the, regvir.amenti of an;• other tsondiscrlc,instion'itatutt{sl .rh;ch saa~• apply t.o the a-D1icaGon. Kill complr,~or tier alread~• eoc~plied, •ith'the reQuiremcnti of Titles I1 and Ill of the Cniform Relocction Astlstance and Real Property Acquisition Policies Act of 1470 (P.L !1.6J61 which proride for Gar and equitable ire;tmtnt of ptrsoris di>;ylsced or vhost property is acquired at a retutt of Federal or federally assisted projTaras, These requiresrenu apply to all interesu in real property acquirzd for project purposes rc;ardlcss •f Federal participation Ln purchaut. r ,~ n 3. Will eom~lj with the prorisioris of the Hatch /let •~ (S U3 C.;{ 1501.1SOb and T]2<•T]211 which licit the political actlrltits of employees ••hose . principal amploJa~ent sctivitiet art funded in ..hole or U part withFtderal~tunds. t. Mull comply, as applicable,.rith the pro~isiont of l}+c Darit•Bacon Art (/0 h'.S C. i{ 2~6a to 2:6~• 71, t?+rt' Copeland Art (/0 L+S C: i 2.6t and It l>:S.C. ~{ l7{),and the Contract Wort Hoyt and Saletr Standards-Art (/0 L'.b.C. fl ~2T•~]h, ttjatdinj labor ttandardt for frdcra:'.~ assisted construction tuba jTee runts. _,,,~ rr ata ~ Nia~.. a..,c•o.o w opt cw ••~as Iu~ortiad fa txat ReproQu~ctlott 6~ 12c-2 i I. • -~\ • ~' •. .. y 8022.1 '~~ .~ Ap~ndtz 12c 10 Kill comply, U applicable, wtlA flood Incurantt purcAatt rt•Quiremtnta of &cl(en 102(a1 of lAt 17 11l'ill taciat t1+e agar/ing agrnc~ to ar~vrin~ t~ampl(ance wltA &ctian 10~ of lAt rati l flood Diu cter Protection Act of 1177 (P.1. 13.231) ona Hutork Prc-ir•at:on Act of 19d6, at an+endrd (IQ •hich teQvirtc rttipientt In.a eptcial flood tutard L' f C. 1701. EO 11 X17 ((drntif~catitn ant area to participate In lAt program andto purcAaat ~ prettctien of hicteric pra~ertitc). and tAt flood Incuranct if the total Cott of Inturaelt ArcMcological and Hiatork Prtter.ation Acl of ~onctruction and acquisition la i 10.000 er more. 1f .1(1L CS C.161a•1 tt atq 1. ~ 11. 1Ki1~ comply •tt!- tn.ironmtnLl tLndards .Rich 11. Kill cemply w(tts~ (~.L. 117•)<g tegard~ng tAt ~ tna7 bt preacribed porauant u tlu folb~ing dal : . ~eotettion of Auman avbjteU tn..ol.ed in researeA jnstttutron of en.(renmentat duality eontrel , '~e~•elopment, ant rela4d acti.it;cs aupponed by tr+easurea under the J~ational En.lronmental P li ,,ttisa~ardofassistanct. ' ' o o Act of 1969 (P.L. •1.1901 and Ececvti•t Order (EOl 11511, fb) notification of ~tolating ,15. K'ilJ comply wIt}~ the Laboratory Animal K'tlfart ~ tscilities pursyant to EO 11716, fcl protection of Act •f 196b fP.L (9.51<, as amended, 7 L' S.C. •-etlands pursuant to EO 11990, (dt:ralwtion of =171 et acq.1 ptruining to tAe un, handles, and hood Aa:ards inlloodptaina in accordance with EO : • .trtatmtnt of warm /loodcd animals held for .: 1196E, te1 a ssurance of project tonsistencJ wttA" . . '*Y*tarch. kacAint, or oUet actiritits supported b~• tAe appro.ed State management pro~rim ~ tAisa•ardofassistann: de~•elopKd under the Coastal Zone Sfanagre,ent 16. VCill eotaplr.tth tAe Ltad•t3sstd Paint Poijoninp I1ct of 19.2 (16 L'.S C. li 1<S1 tt se l; Q '(f) •- - -Prevention Act (12 CS C. 1f ~a01 tt s<Q I ~AicA • torJormit~ of Federal actions W State (Clear A'u) Prah(bitt the s+te of lead fated print to .:-~ ImplemenLtion Plana under Section 176(cl of tAt ~ eonstruetton of reAabtlltatton of rcridence Clear Ait /let of 19SS, ac amended (~2 l'S.C. j strveturts. f 7102 et seQ 1, (gl protecti9n of underground sourets • of drin><ing ~•ater under the Safe Drinking Water . :17. Mill quse to bt performed tt-t required fir-ancial ~ , Aet of 1971, ac amended, (P.L. !7.5271. •nd (hl , : and compliance audits in accordance ~itA tAt ~ protection of endangered species under tAt '.6ingle Audit Act of 1911. ,.. lrndangered Specie: Act of 1977, as amended,(P.L. • 11. V~'ill~eomply •ith •li applicable re~v(rtr<+enu ofsll >P3.20S). ~ ~ athtr Federal la •n, tcccutt.e orders, regvlstiona 12. Will comp! •ith the K'ild and Scenic >;i•ers Act •nd polieiet gorerning this program. ~' of 196r! tl6 L'.S.C. f ~ 1271 ~t seq 1 related to ' yrotecting _eomponentt or potential t:omponenu of LA ati l - ~ e n. oru M ildMand scenic riven system. ~ • .~ f %'G'wTURt Os wtltMOts[DCI+tTRtwG OrrKvl 1 ~~~ f r 1 Trt~t C~oun+y Manager ~uCLNTOtG4MQt,tgy - --- O.nTlfvs~rttt0 Nev/ I-{-anoVer E-}uman Rela+; ons 12c-3 6jgp a* a:.t Mat`i.K : . ~ 8022.1 I ~ I k~ J AppenQix i2c - _ ' •_ - ATTACf+SEKT C . •. : . ... . • CERTIFICATION RE6AKtiiiiG DRUG-FREE 1ARKPUICE REQUIRE}IEIfJS :~.,... , 1. Instructions tor•Certificatton - •-;,:. a. By submitting this applicatton~ the appllcant is provlQing'the .. ,,.. .. cei-tfficatton set out Delar. ' b. The cectitication set out below is a aaterial represeAtatton of tect `' ~ • upon .filch rtltance trill be placed if NU0 dettnines to award a - grant to the applicant. It~it is liter deteriined that the "~~• therxtse -• - applicant kno~ringly rendered a false certiffcation~ or o i ~ ' n tUD. the Orug-Free Yor•k,place Act. ' - - ~ ~ violates the requirements .of • -. ~ addition to arOr other rea+edies avall~Dle to the Federal 6overncent. way take action authorised undtr Lhe Drug-Free Yoricplace Ikt.' ~ Certification Regarding Oru9-Free Vocicplace Require*-ents ~ %^ ~~2•. , ~' .. , , • t • . - • . . . ~ a.~ : The• applicant certifies that it will' provide a~`drug-tree workplace ,~, ;. ~ • • ~• ~ 1: Publishing a statement notSfying• esrployees that the .~nlartul ' -•~ ~• wanufacture, distrlbution~ dispensation possession or use of a contro11~6 ~uDstance'is prohibited 1n the grantee's wrtplace and specifying the actions that rill Dc taken against eoployees • l~ s • •. for violation of such prahiDltion; ~ ••• • 2. Establishing adrug-free• axareness progru to tnfon ea,pioyees ` ( J about: -- i. the dangers of drug ~~buse in the wrtplact; ~ _ ' ' li of asaintainin a drug-tree 11. the applicant s po cy 9 workplace; iii. any available drug counseling. nhabtlitation~ and employee assistance prograRs; and ~ " .• • _.. .iv.• the penalties that ady ~:a.Spposed upon ea~loyees for.drtig . , abuse ,violations occurring in the wrkplace; requirement that each esrployce to be cngaged in the 3. Kaking it a •- .. .• , . • ~ perfornanct of the grant De given a copy of the stataoent. 'required by paragraph 1; ~ ~ / 12c-4 ®... ,.. ~ ` • . . . ~ ~ ~% F ,~,- 1 I r 1~ ~~; a~ ~,~~ ~' ~~ ~; 8022.1 Appendix "12c -2- :i:~. Notifying the.easployee in the state~ent required by paragraph 1 that, az a condition of•e~ploynent under the grant, the . - ecployet will: T ..:. '. ;_.~" -" . i. abide by the tend~of the statecent; end - , . ... _ . ... r. _ _. • .. •: ~ ,. ii. notify the enployer ot;any~eriainal drug statute convic- "• ~ -.' lion for • violation occurring in the workplace no later .. , :•~ : . ~ ~ .than. fire daysafter such eonrtction; % ~ - ~•~~ "' S. ~ Notifying•HUD rithin ttn drys after~receiring notice under subparagraph ~ (ii) trop any ec,ployee or otherwise receiving ..,., .actual notice of•such conviction; .• "`~ ~~6.:~'T~king one of the following actions, within 30 days ot. .:: • receiving notice~unGer subparagraph 4 (ii)i with respect to any •' " • : enployee who is so convicted: • • ~ ,'• :. ` ••~~~-•i~ taking appropriate personnel~actton against such an :_ • ~ • :enployee. up •to and including tcralnation; or ~. . • - ~~ t•i. requiring such ea~ployee to participate satisfactorily 'in a drug abuse assistance or rehabilitation program approved '•• ~ for such purposes by a Federal State or local .health law • - enforcea+ent; or other appropriate agency; •• :r -. 7. Kakiny a good faith effort to continue to abintaln a drug-tree • workplace through iepltmentation of paragraphs 1. 2, 3.~4. S and 6. • .. :-.~.... •b: ". The applicant shall insert in the spice provided belo++ the si.te(s) for the performance of work done in connection rith the specific grant: ~: . '. .. ~, ..:.: ; . .. _: - . . "••Place of Pertormanc_e (Street address. city, county, state -zip. code) < .._ _ ~ > < > < >• 7 ~•.. a . 12c-S 6/90 r 8022.1 Appendix 12c • RESTRICTIONS ON LOBBYING - C~ RTITICATION By aubm.ittinq thin application, the applicant certifies, to (' the beat of 21,ta or her knavledge and belief, t.hat~ ~ (1) Ho Pedernl appropriated fords have been paid or will De paid, by or on bohalf of the undersiq~ed, to any parson for influencing or ettesrptinq to influence an~officer or employee of any agency, n Kaaber of Congress, an officer or employee of Congress, or e.n employee of n lismber of Congress in coruiection with the awarding of any tedernl contract, the asking of any Yederal gra.at, the maklnq of. any ?oderel loon, the entering into of any cooperetive•~agreement, and the extension, continuation, renewal, amendment, or modification of any Pedernl contract, grant, cooperative agreement, or loan... . (2) If any funds other then Federal appropriated funds have been paid or will be paid to any person for inflnencinq or 'attempting to influence an officer or employee of any agency, a Hamber of Congress, en officer or employee of Congress, or 'an employes of n ?Saasbsr of Congress in connection with this Yederel contract, giant, cooperative l~ a greement, or loan, the underatgned shell complete and submit Stnnd.eid Poaa-LLL, •Discloaure Porn to Report. Lobbying,' in accordance with-its instructions. ~ (3) The undersigned shall requro that the langvege of this 4444U~~~~ certification be included in the award documents for all subevards et all tiara (including subcontracts, subgrants, and contracts under grants, loans, a.nd cooperative egreementa) end tltiat dll aubrecpients shall certify and dlscloae eccordingly. This certification it a aieteriel repreaentntion of tact upon ~rhich reliance van placed when this transaction was mde or entered into. Submission of this certification is a' prerequisite for asking or entering into this transaction lmpoaed by section 1352, title 31, D.S.C. -Any person rho fails to Silo the required certification shall 'be subject ~to a civil penalty of not leas than $10,000 end not Dore t.Zian x100, 000 for each such Snilure. ~~ 6~y~ 12c-6 i~i 1 ~~ s l REQUEST FOR BOARD ACTION a-- Meeting Date: 02/05/96 - Regular Item #: Consent Item #: 3 Additional Item #: Department: Health-Laboratory Presenter: Page Count In Agenda Package: Contact: Amy Akin SUB.IECT: Disposal of a Coulter Hematology System from the Laboratory as a $3,435.50 trade-in on the purchase of anew Hematology System. _ BRIEF SUMMARY: The Laboratory is requesting approval to dispose of the Coulter Hematology System as a trade-in on the purchase of a new Hematology System. Informal bids have been received and the Finance Office will be awarding the purchase of the new Hematology System to Coulter Corporation. Coulter is offering the County as a trade-in on the old system. RECOMMENDED MOTION AND REQUESTEn AC'TIONS• Recommend adoption of resolution giving approval to Finance to dispose of the Coulter Hematology System, consisting of a Diluter, Model DDIII Serial # R883403; a Counter, Model 2F, Serial # 5969; a Computer, Modei MHR, Serial # 4769; and a Hemoglobinmeter, Model HGBR2, Serial # 12793 as a $3,435.05 trade-in on the purchase of a new system from Coulter. Recommend approval of associated budget amendment #96-0 l 15 (attached) to' recognize the $3,43-5.50 trade-in. FUNDING Sni1RC Federal S: State S: County S: User Fees S: Other S: 3,435.50 Money Is In Current Budget: No New Appropriation Request: Yes ,- Budget Amendment Prepared: Yes LGL; FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT ~'OUNTY MANA(' R' nMMENTS AND FCOMMENnATION Recommend approval. AA ~Y ~t~J Yl I$UH M~t'6dl~iHday E-~ Refer to Oftice Vision Bulletin Board for Disposition Q- RESOLUTION -' - _ . - ..OF THE_ ... _ .. - :~ BOARD OF COMMISSIONERS - OF ~ ~ .a .~ NEW HANOVER COUNTY w - •• " . "WHEREAS, the Laboratory at the New Hanover County Health Department has a Coulterr Hematology System consisting of a Diluter, Model DDIII, SN # R883403; a Counter, Model ZF, SN # 5969; a Computer, Model MHR, SN # 4769; and a Hemoglobinometer, Model HGBR2 SN # 12793; which is sixteen. years old and frequently. inoperative; ,which needs to be declared as surplus; ~ ~.4 , . , - _ _..- ,.. AND WHEREAS, the Laboratory at the New Hanover County Health_ Department iS purchasing a new hematology system and would like to dispose of the old hematology system pursuant to G.S. I60A-267 as a trade-in (Private sale) on the purchase of the new hematology system in an amount of Three Thousand Four Hundred Thirty-Five Dollars and Fifty Cents ($3,435.50); NOW THEREFORE, BE IT RESOLVED BY the New Hanover County Board of Commissioners that the Coulter Hematology System consisting of a Diluter, Model DDIII, SN # R883403; a Counter, Mode1.ZF, SN # 5969; a Computer, Model 1V)3-Bt, SN # 4.769; and a Hemoglobinmeter, Model HGBR2, SN`# 12793; will be sold by the Finance Office pursuant to G.S., °'-f 60A-267 as a trade-in (private sale) on the purchase of a neiv hematology system. .. , This 5th day of February, 1996: ; ~ ., (SEAL) ~ ~ . ~ : _ . _ - ~y Budget Amendment /~j~/%~~~///j%/~%~ !/~///ice /~//jjjj~~jj%/;! j%%%%/jj~~//i~%jj~~/ DEPARTMENT BUDGET AMENDMENT # DATE ~~ Health/Lab 96-0115 ?/5/96 .ADJUSTMENT DEBIT CR EDIT ~. Health/Lab '~ Sale of Fixed Assets $ 3,436 Salaries & Wages $13,649 ~,' Capital Outlay -Equipment $17,08 !91' ~' ~~~ a• ~I - ,~1 EXPLANATION To budget funds for the purchase of replacement .equipment in the Health Department '~! Lab (replacement parts are no longer available for the current equipment . ~' ,~. ~~ f/ ~4P+•~c ... ~~pnrhGJ 1`Sr ~`^F"t'~ `y~"'°~~ ~ ""~°"r`~a~l[~Z~~'6"~ For Budget officer's approval; then report ; ~~ ~; to Commissioners at ne lar meetin ~.--_ ~ - - ~ and enter in minutes. To be approved by Commissioners. To be entered into minutes. ~t ~'his~abe intention~rlly left blank C. ~: 5 e s 0 a 4 l ~r ~r r REQUEST FOR BOARD ACTION Meeting Date: 02/05/96 -' Zegular Item #: Consent Item #: 4 Additional Item #: department: Cooperative Extension Presenter: 'age Count In Agenda Packager Contact: Faye Haywood SUB.IECT: Grant approval for Cooperative Extension's 1996 summer program for school age children BRIEF SUMMARY: North Carolina Cooperative Extension, Department of 4-H Youth Development, has approved a $40,000 grant application from New Hanover County fora 1996 Summer Program Grant beginning January 1, 1996 and concluding September 1, 1996. Although the use of this grant money will be for continuation of the existing sununer program, the County is looking toward developing a joint program with the City Parks and Recreation Department. If a joint program can be developed, details will be brought to the Board at a later date. RECOMMENDED MOTION AND REQUESTED ACTIONS• Acceptance of Grant and approval of associated budget amendment #96-0113. Request authorization for the Chairman to sign the document. .N U1Vll1IV(.T NUUKCE• Federal S: State S: 40,000 County S: (Money Is In Current Budget: no Budget Amendment Prepared: y User Fees S: New Appropriation Request: yes Other $: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMM NDATIONS Recommend approval ~ ~ ~ a `° ~` r y Refer to Once Vision Bulletin Board for Disposition B~xdget Amendzx~e~nt DEPARTMENT: ~DGET AMENDMENT# ~ DATE- Cooperative Extension 96-0113 2-5-96 ADJUSTMENT: Cooperative_Extension '' Coop/Block Grant. Cooperative Extension Salaries FICA Medical Insurance Supplies Travel and Training DEBIT• CREDIT• _ 40, 00.0 _ .~ $29,060 2,230 1,610 3,000 4,100 EXPLANATION To increase budget forrvgrant~awarded`to`Cooperative Extension for "New Hanover County Summer Program". ~..This'.~is the third grant received. for this program. ._ . ~ . - - . _. - - - -- .~, ~-:a. ~.. . . ,M h~~~d +~. ~.. +• _ .. ~ ~_Y ~~ For Budget Officer's approval; then report ~ ` / to Commissioners at next regular meeting ~~'~~ L _ ~I~/ ~!p ,;~L ~. and enter In minutes. 1 ` ~ _~ To be a roved b Commtsstoncrs. PP Y i To be entered info minutes. ATTACMENT C INVOICE MEMORANDUM OF AGREEMENT between NC State University and N. C. Cooperative Extension Service New Hanover County (recipient of funds) ~~ 1 1 The Parties agree as follows: 1. NCSU will send to New Hanover County a total of forty thousand dollars .(40,000) which shall be used to conduct the program as specified in Attachment B with -~ Dave V/Eaver ~=*~ as principal facilitator. 2. Payment will be made in increments as determined by NCSU. 3. NCCES will oversee conduct of the project. 4. Funds will be paid from Summer Programs Availability Project fund code 5-49554.. 5. The University check should be made payable to: /~/eU/ f-~ar-oy~r ~.'ounf~/ Federal ID # Jr(o- G 0003a ~{ county signatures: ~ '' THIS INSTRUMENT HAS 6EEN PRE•AUO(TED IN THE MANNER REQUIRED BY THE LOCAL - /.. _ ~ _ ~. ~ G01~'ERNMENT AND FISCAL CONTROL ACT. (Person authociced to depo5r funds) ~ ' . i , . . ~... ~ : - _ Title - . `. - ~ Date ~ - .. _. .,_ A .. .~ Extension Aqent, ~ Date principal I-nvestigato -_-_ .: _. ~ ... ~ , ***AREAS IN BOLD TO BE FILLED-OUT BY COIINTY*** 79 t i i NC STATE U1(1E'ERSITY North Carolina State University Contract No. 95-1688-10 I. This agreement constitutes a Subcontract between the North Carolina State University, Raleigh, North Carolina, hereinafter referred to as. NCSU,, and the, New Hanover 'County hereinafter referred to as SUBCONTRACTOR.. The contact person for SUBCONTRACTOR is: Philip Ricks, 6206 Oleander Dr, Wilmington, NC 28403-3822. II. The purpose of this Subcontract is to carry out the tasks described in the. proposal submitted to NCSU by SUBCONTRACTOR and>` entitled " New. Hanover County Summer Program . ~ ~~ which is made a part of this agreement as. Attachment B. SUBCONTRACTOR agrees to carry out the tasks listed and provide reports as specified.n item V...be,low. Subcontractor agrees to adhere to the, conditions specified in the prime agreement (Number 1605. ) issued ,.to,NCSU'which is ;hereby made a part of this agreement and incorporated-herein as Attachment A. ~ . The cover page of Attachment A lists definitions included in the prime agreement.- i III. Performance under this agreement shall begin June 1, 1995, and shall not extend beyond the estimated completion date of August 30, 1996, unless the period is further extended through mutual agreement in writing. Funding obligated for the period stated shall not exceed $ 40,000 This agreement ~is issued as a Fixed Priced subcontract. IV. NCSU shall reimburse SUBCONTRACTOR for.ali direct costs . incurred in the performance of the project set forth in they. ~~~.. Budget contained in Attachment B. NCSU shall reimburse SUBCONTRACTOR a one time payment for the amount specified in III above and according to .the budget in~•' "~ - -. -_ Attachment B. Subcontractor agrees to submit a final budget ~- ~ ~- report with their final program report due September 13, 1996. Invoice (Attachment C) shall be mailed to: Barbara Vandenbergh ... _. ~~ Department of 4-H Youth Development :. _ °. Box 7638 NCSU Raleigh, NC 27695-7638 V. All technical reports shall be submitted monthly beginning U February 1, 1996. U 1 VI. SUBCONTRACTOR agrees to retain all-books, recorder and other documents relative to this agreement for three years following completion or termination of the specific program or termination of this agreement, and to provide NCSU a final expenditure report at-the end of the contract period. VII. SUBCONTRACTOR. and its investigators shall be free to publish papers dealing with the results of the project sponsored under this agreement. However, NCSU shall be given the opportunity to review such papers prior to any publication thereof. NCSU agrees to complete such review within sixty (60) days. Any ..papers . published will give appropriate recognition of the .support . received from NCSU and the prime Sponsor. VIII. SUBCONTRACTOR will comply with audit requirements contained in OMB Circular A-128 or A-133,. whichever in applicable. A copy of the most recently released financial statement and independent audit (as defined in the above Circulars) will be .provided to NCSU for review along with the executed copy of this subcontract. IX. NCSU .shall not be liable for the actions of SUBCONTRACTOR nor shall SUBCONTRACTOR be liable for the actions of"NCSU. It. is understood that NCSU, an agency of the State of North.Carolina, is limited in any claims that may be made against it up to. $100.,000 as provided by the North Carolina State Tort Claims Act. X. SUBCONTRACTOR agrees to comply with relevant federal and state executive orders, rules, regulations, and laws. b XI. SUBCONTRACTOR by signature affixed to this Subcontract certifies that pursuant to the requirement of OMB Circular A-129, that ~it is not delinquent on any Federal debt. ' XII. .SUBCONTRACTOR by signature affixed to this Subcontract certifies that pursuant to Executive Order 12549 and implementing rule., that it presently is not debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. ii '1 J XLII. SUBCONTRACTOR by signature affixed to this Subcontract certifies that it is .in compliance with the Drug-Free Workplace Act of 1988, Publc~Law 100-690, Title V, Subtitle D, 34 CFR Part 85, Subpart F. -- XIV. Except as specified in the prime agreement; should unforeseen developments take place that necessitate a termination of the said project, this agreement may be renegotiated upon thirty (30). days written .notice by either party. ~ ~ ,,._ _ . ~ .~ 81 w~ XV. ~ ~BCONTRACTOR shall not: use the: names or.' symbols' ofNCSU. or. of the investigators or ~any_derivative thereof, in any _ ' advertising ~or promotional: sales' literature without,: the prior. ~' ~ . written consent of ~ NCSU is~~`each ~ case. ' ' '' XVI. No waiver, alteration or modification of°_these:provisions shall be binding unless' in writing. ' ", - ~ " " XVII'. Nei"ther this'~agreement nor' any ,right,,- remedy, .obligation or liability":arising hereunder or .by reason hereof shahl be assignable~by SUBCONTRACTOR without the prior written consent of NCSU. -, .- _ .. XVIII. This agreement is binding upon and shall inure._to the .. benefit o•f` the parties -hereto, =their- representatives, 's'uccessors' and assigns.' -No failure or successive `failures 'on the part. of '' ' NCSU; its' successors 'or assigns,''to enforce any covenant or agreement;'and no-waiver'o.r success-ive waivers on 'its or their ' part ~o~f any condition- of this •agreement shall operate as a discharge of such covenant, agreement, or condition, or, render the same yiivald~ or impa°ir tYieright .of `-NCSU,. it-s' successors or assigns, to' enforce the same in the event''of zany subsegsent ' breach or- breaches by SUBCONTRACTOR, its °successors for' assigns: r _ - .. This agreement shalh be~construed'according to the-haws of the ' State of North Carolina: .. ._ (SUBCONTRACTOR NAME HERE) NORTH CAROLINA STATE UNIVERSITY - ~ - , Dr. Jimmie R. Suttle: 4 - _ -~~ fAssista:~t 1~ice har, or fo ?arrh` Rolo~~-4- G.Czreer~ Chairman ice Chancellor for Research, . Bonrd of Coun}~ Cc,~mis5i oner5 Outreach and Extension Date: ~ r. Date: ~°l f ~ . ~ _ ~ _ ~ ' ~ • ~,~_G~~ - ~ . ~' Principa Investiga r Principal Investigator (NCSU) (County) Date: ~~ Date. ..;'/ v~ ~. ~ .. ; 82 - ~' Q- North Carolina State University - Contract No. 95-1688-10 ' I. This agreement constitutes a Subcontract between the North Carolina State University, Raleigh, North Carolina, hereinafter referred to as NCSU, and the New Hanover County hereinafter referred to as SUBCONTRACTOR. The contact person-for SUBCONTRACTOR is: Philip Ricks, 6206 Oleander-Dr, Wilmington, NC 28403-3822. II. The purpose of this Subcontract is to carry out the tasks described in the proposal submitted to NCSU by SUBCONTRACTOR and entitled." New Hanover County Summer Program u which is made a part of this agreement as Attachment B. SUBCONTRACTOR agrees to carry out the tasks listed and provide .reports as specified in item V. below. Subcontractor agrees to adhere to the conditions specified in the prime agreement (Number 1605 ) issued to NCSU which is hereby .made a ' part of this agreement and incorporated herein as Attachment A. The cover page of Attachment A lists definitions included in the prime agreement. III. Performance under this agreement shall begin June 1, 1995, and shall not extend beyond the estimated completion date of August 30, 1996, unless the period is further extended through mutual agreement in writing. Funding obligated for the period ' stated shall not exceed $ 40,000 This agreement is issued as a Fixed Priced subcontract. IV. NCSU shall reimburse SUBCONTRACTOR for all direct costs incurred in the performance of the project set -forth in the. Budget .contained in Attachment B. NCSU shall reimburse SUBCONTRACTOR a one time payment for the amount specified in ZII above and according to the budget in Attachment B. Subcontractor agrees•to submit a final budget report with their final program report due September 13, 1996. ' Invoice (Attachment C) shall be mailed to: _. Barbara Vandenbergh Department of 4-H Youth Development ,~ Box 7638 NCSU Raleigh, NC 27695-7638 Y~ 1 V. All technical reports shall be submitted monthly beginning February 1, 1996. ~3 1 VI. £sUBCONTRACTOR.agrees to retain all books, records and other a documents relative to this agreement for three years following completion or termination of the specific program or termination of this agreement, and to provide NCSU a final expenditure report at the end of the contract period. VII. SUBCONTRACTOR and its°~investiga-tors shall be free to publish papers~deaing with the results of~the project'sponsored-under this agreement. However', NCSU 'shall be given the oppor-turity~to review such a`ers~ ror~to~any publication"they-eof: NCSU agrees P P P to complete such r`evi'ew within sixty '(•6~0)' days•. Any papers' ' published will give appropriate recognition of the support - received from NCSU and the prime Sponsor. VIII. SUBCONTRACTOR will`•comply~with'audit requirements contained in OMB Circular •A-128: or ,~A=13~3,`~ whichever is applicable. A copy of the •most~ ,recently released -financial .statement .and -.independent audit (as defined~in the above Ci'rcular's) will be provided 'to NCSU' for `review alon w th "the execu ~.• , g ~ tedcopy of this subeontract.- IX. NCSU shaTl~not~be liable°for the actions of-SUBCONTRACTOR nor shall SUBCONTRACTOR be liable for •the' act.ions~ of NCSU.. It ~is understood that .NCSU~~an~agenc~y•of the State~of~ North Carolina, ' is limited in any claims that may be made against it up to $100,000 as provided by the North Carolina State Tort Claims Act. X. SUBCONTRACTOR agrees to comply with relevant federal~and~ L-J state executive orders, rules, regulations, and laws. XI. SUBCONTRACTOR by signature affixed to this Subcontract certifies that pursuant•to'the requirement of ''OMB Circular A-129;" that it is n'ot delinquent on any Federal debt. `• XII. SUBCONTRACTOR•by signature affixed to this+~Subcontract certifies that p~lrsuant to Executive Order 12549 and implementing rule, that ~t p'resently is not debarred, suspended, proposed for debarment, declared ineligible or'voluntarily•~excluded from '. covered traris`actons by any Federal department or age'ncy:-~'° XIII. SUBCONTRACTOR by signature affixed to this Subcontract .~ certifies that it is in'compliarice with the•Dru,g=Free Workplace •• Act of 1988, Public Law T00-690, Title .V, ` Subtitle D',' 34 CFR Part 85, Subpart F. :5 ~ . XIV. Except as specified in the prme'agreement,~ should unforeseen developments -take 'place that necessitate a termination of the said project, this agreement maybe renegotiated upon (J thirty (30) days written notice kiy either•party.•. - 84 ~ ~ ~ ' XV. SUBCONTRACTOR shall not use the names or symbols of NCSU or of the investigators or any derivative thereof, in any advertising or promotional sales literature without the prior written consent of NCSU is each case. XVI. No waiver, alteration or modification of these provisions shall be binding unless in writing. XVII. Neither this agreement nor any right, remedy, obligation or liability arising hereunder or by reason hereof shall be i assignable by SUBCONTRACTOR without the prior written consent of NCSU. ® XVIII. This agreement is binding upon and shall inure to the benefit of the parties hereto, their representatives, successors and assigns. No failure or successive failures on the part of NCSU, its successors or assigns, to enforce any covenant or agreement, and no waiver or successive waivers on its or their part of any condition of this agreement shall operate as a discharge of such covenant, agreement, or condition, or render the same invalid, or impair the right of NCSU, its successors or assigns, to enforce the same in the event of any subsequent breach or breaches by SUBCONTRACTOR, its successors or assigns. This agreement shall be construed accordin to the laws of the g .State of North Carolina. {SUBCONTRACTOR NAME HERE) NORTH CAROLINA STATE UNIVERS3~TY ' Dr. Jimmie R Suttle Assistant Vice nce for R arcft Roby,-t G. C-,-ezr, Chatrrnur, ce Chancellor for Research., 13oarG of ('our:f~ Ccrr~rr.i55icr;lr,5 Outreach and Extension ' Date: Date : ~C 1 8 1995 }~ Principa Investigator Principal Investigator (NCSU) (County) Date:_ C II Date: -'~ ~'/Sj/ 85 u .Y• ~- ~ZI ~ ~.} REQUEST FOR BOARD ACTION Meeting Date: 02/05/96 Regular Item #: Consent Item #: 5 Additional Item #: Department: Parks Presenter: Page Count In Agenda Package: Contact: Dan Summers SUBJECT: Incident Command and Mass Casualty Supply Vehicle -Emergency Management BRIEF SUMMARY: The Department of Emergency Management operates an Incident Command and Mass Casualty vehicle to support major emergency responses. The primary vehicle for this fiinction is 24 years old. Due to mechanical and body. problems, which are not cost-effective to repair, a replacement vehicle is requested. This vehicle is to be funded 50% County, 50% Special Fire District. The "other funds" noted under the Funding Source block below are Fire District funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve purchase of replacement vehicle. Following approval of budget amendment #96-0 l 14, staff will begin the formal bid process. As part of the formal bid process, staff will ask the Board of Commissioners to approve the contact at a future meeting. FTiNT)TN(: SnI1RC'F.: Federal $: State $: County $: 12,000 Uscr Fees $: Other $: 12,000 Money Is In Current Budget: no New Appropriation Request:yes Budget Amendment Prepared:ycs REVIEWED BY: ILGL: APP WCOPLEY FIN: N/A BSHELL BUD:N/ACGRIFFIN Imo: N/A AMALLETT~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: `~, Recommend approval. _ ~~~~~~~ ~~,~ I ~ ~ `~t~~ ~A iY. ~)yf V1B ~ •:OY.~I~Y ~v~ fd 87 Refer to Office Vision Bulletin Board for Disposition ~ ., ~„ ~' '..1 {f ~ A ~{ a t .... w L. ~ ". ~. t t t o ~ '~a REQUEST FOR BOARD ACTION . Meeting Date: 02/05/96 _ ~ 1 v ' ~~ Regular Item #: ~~ Consent Item #: 5 Additional Item #: .Department: Emergen Management Presenter: .Page Count In Agenda ackage: Contact: Dan Summers SUB.TECT: Incident Command and Ma s Casualty Supply .Vehicle -Emergen Management BRIEF SUMMARY: See attached of The Department f Emergency Managem t operates an Incident Command and Mass Casualty vehicle to support major mergency responses. he primary vehicle for this function is 24 years old. Due to mechanical and body roblems which ar not cost-effect to repair, a replacement vehicle is requested.This vehicle is to be funde 50% County, 5 /o Special Fire District. This vehicle is to be funded 50% County, 50% Special Fire Distri t. The "other ds" oted under the Funding Source block below are Fire District funds. i~~ vuv~ vu~i~ vl 1 ~ rU 1J 1 V Approve purchase of replacement vehi e. llowing approval of budget amendment #96-0114, staff will begin the formal bid process. As part f the rural bid process staff will ask the Board of Commissioners to approve the contract at a future etinQ. rU1yU11`!t~ JVUKI.L'' Federal5: State County 5:17, 00 User Fees 5: Other 5:17,000 Money Is In Current Bud et: no • - ~ , N w Appropriation Request: yes Budget Amendment Pr paredaes REVIEWED BY: LGL: APP WCO EY FIN: N/A BSHELL BU • N/A CGRIFFIN HR• N/A AMALLETT Recommend D .~ }.. Refer to Office Vision Bulletin Board for Disposition 87 ,£ .~ ., ~ _ $ ~ ,~ a . ~ .Budget. Amendment ° ~. DEPARTMENT BUDGET AMENDMENT # _ ~ ~'' DATE Fire District/Non-DepartmentaV ~ ` ....=_ " 96-0114 ~~ , _ 2/5/96. Emergency Management '~• 'x..,~ ADJUSTMENT DEBIT CREDIT . Fire District ., Appropriated Fund:Balance ~ ~ $12,000 • ~ - . .. Transfer To General Fund $12000 . Einergenc Management ._ . >-, ~ ~ _. _ _ ' Operating -Transfer In $12,000 Non-Det?artmental J Contingencies $12,000 F_mergenc Manag m n . " Motor Vehicle Purchases .. ~ ~ $24;000 'EXPLANATION To transfer funds from the Fire District -and General Fund Contingencies to purchase a . ,.. .. , ,.. _. second mass causality and.incident command utility vehicle.- ~ ` f ,. -_ . ~ ...._ With .approval of this budget amendment;. the remaining balance in the General Fund Contingencies account will be $128,+195. ~ ~~ .. . .., ' ~ .. . . ~lP~ ~ , 8 ~ •, + ~ ~~~~~,~.; , ~ ,~ .. . -, ~. , , ~~~o For Budgct Officer's approval; then report ,r 4Yaa Y ~ ~ _ . .. ~ z . ~:, r ii tai to Commissioners at next regular meeting ~ ~ ~ and enter in minutes. ~~~~,,,~„2 _ °~ 911~/,~,,-.~~~., To be approved by Commissioners. m ~' To be entered into minutes. my. ~ •-:. ~ _ t MEMORANDUM TO: New Hanover County Board of Fire Commissioners FROM: .Dan E. Summer~~%~`" . DATE: September 25, 1995 Updated December 7, 199 Approved by Board of Fire Commissioners _ . ~= ~n i n o~sL-~ncidcnt C'ommanri c~~„p ~~hi 1P "~ Back ' ground; The New Hanover County Department of Emergency Management, as part of the approved Mission Statement, operates two (2) Incident Support vehicles for the response community. ;The first vehicle is a recently donated Motor home. This vehicle ;Functions. as a mobile office support vehicle equipped with fax, phone, multi-agency radios, computer, hazardous .materials reference guides and a host of incident support supplies. Presently the vehicle is housed at the Myrtle Grove Volunteer Fire Department. The vehicle has proven to be a rest support the command post and rehab functions. The vehicle is available to every Incident set to .Commander for significant events, training and drills. The vehicle's operation expenses.are part of the Department of Emergency Management's funding from the General Fund. -- The Department of Emergency Management also operates a secondary vehicle which is the to is of this request: The secondary vehicle is ageneral-purpose mass causality and Incident Command utility vehicle which is designed to perform a variety of on-scene support tasks. Presently, the vehicle is a 1972 Chevrolet Step-Van. The vehicle was donated originally to the Sheriff's Department in 1980 with over 110,000 miles for conversion to a SWAT team vehicle. In 1986 the vehicle was given to the Department of Emergency Management in trade for a small used _ ambulance to better support the~SWAT teams needs. The vehicle was in fair to marginal !, condition but the diligent work of many volunteers put the vehicle into service in 1989. The , vehicle has been proven time and time again as a significant resource for various multi-agency ..t Y + response events. Recent examples include the Hermitage House Rest Home incident ai lane ~ ~ ,, crashes, large crowd events, severe weather responses, and the Fender County Fires, justpto name . 1 8~ `, ,-. Truck Memo. Page 2. _ a few. The vehicle has a host of speciality supplies and with its multi-agency radio communications capability it has served as a forward command post, staging base, and fire-fighter rehab resource. A supply list is attached. Vehicle's Current Status: Presently the vehicle is stored outside in the County Garage Facility. The County Garage Superintendent has recommended since 1992 that the vehicle be replaced. It has not been determined if the vehicle has any salvage value or alternate use. The body of the vehicle has been painted on several occasions in an attempt to stop rust. The vehicle has received several "bondo"applications. The vehicle is on-hand for'your inspection. - "' Matching fund request: The Department of Emergency Management tias been unsuccessful at obtaining General Funds for the acquisition of a replacement vehicle. It was suggested during the Department's budget hearing that a less expensive unit be considered withan alternative funding strategy. ~~•; The Department has concluded its equipment research and- determined that a new commercial grade medium-duty high cube vari will meet the response needs at a much lower cost. Equipment and modification costs have also been reduced by commitments from various f nets and - organizations to donate ~time~or materials to assist with 'the necessary modifications and installations. All of the equipment presently on-board will be transferred to the new vehicle. No equipment requests are being made as part of this acquisition..,.., ~.. ~ t. __ Used rental .type-vehicles have been reviewed and the,current demand versus.the high cost and high mileage indicate a lessthan~cost effective purchase~as.reviewed against the potential high .., a.., maintenance :cost: Current operating budget of the Department of,.Emecgency Management will cover the operating cost: , ' - ~ ~ , , Vehicle Type: ~ Genera!'specifications for this vehicle consist.oftwo.:or three passenger cab with a commercial :or "Ryder Truck" type cargo box. -The-cargo box will range between IO and- 12 `~ feet in length depending on height, GVW, and bed width. Typical models may include Isuzu or GMC Vandura. Up fitting;of the vehicle will be limited to: a curb side cargo door, automatic transmission, and heavy duty alternator 'Engine type. will be:based;on' Brice and availability: The' '' ' vehicle will be formally bid by New Hanover County in accordance with° State. and,I,ocal requirements. A good price for the equipment desired is expected if a 1,995" end ofyear umt is'} " located rather than request a'1996: ° ~` ,~~. .,~. . .. ., :.» Funding Request andResolution: The Department~of Emergency Management-estimates that ,} the cost of the new vehicle'wiJl be approximately $24,000.00.. The Department is respeeffully~ ;`' requesting the Fire .Commission, through,.thePFire,Service~Tax~District', fund a~maximum of 50% ~ " of the purchase'cost not toexceed $12,000:00 ,This funding is•'contingent .upon., the County matching the. cost with either a direct cash match or the.appropriate;financing. ~ If the County does ~`` ~' f ' ,. - 90'. • 2 1 t 0 i Memo image 3. not agree to replace the or make other financial arrangements vehicle the funds will not be transferred. Thank you for consideration of this matter. 3 91 . i. _ ~~. 4 NEVV HANOVER COUNTY INTER-OFFICE ... .......... . • TC~: GA,Pd c•hP•1MERS, DIR.EMER.~ERVIi,E~ " FF.~~M: RC~EEF'T SMITH, GIR.VEH.~IANA~~EMEPJT ~~~ REF: E~-50 Gan I h•~,ve oval u•sted E5-50, .~ 1973 ~5h1~C C.tep Van, ~` _°•Pd# TFY353F501737, FA# 03335, MILES 119,745 L This Step Van used to belong to the Sheriff's Department and was transferred to your department Sept. 1984. ~I Sens. then ES-50 has had some body work and a paint job, ~ but because of. so much rust the holes just came back through. Eecause of the rust holes equipm_nt maybe become damaged. To try to r•ep.~ir th? body again would be a waist of county money. I recommend replac_ment of this vehicle. i i I i 7 -_ ~I • ~~ _ '` I` M i ~, ~2 ~• ~ ~~ ~ 3 -A .. ,. t 0 REQUEST FOR BOARD ACTION c Meeting Date: 02/05/96 fZegular Item #: Consent Item #: 6 Additional Item #: Department: Parks Presenter: Page Count In Agenda Package: Contact: Neal Lewis u ts.~ tJc;1: N. C. Coastal Management public beach access Grant BRIEF SUMMARY: The County .has been notified that its application for a Grant in the amount of $ 17,625 has been .approved. The County will provide $ 3,375 in cash and $ 2,500 in in-kind (labor) matching funds .for replacement of rivo fishing/observation piers, picnic tables and parking lot improvements at Riverside Park near Castle Hayne. The work must be completed by December 31, 1996. This is the second Phase of improvements to Riverside Park. Construction of a gazebo and' upgrading of the r Community Building was completed with a similar grant last year. RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend the County accept the grant and authorize Chaiirrian Greer to sign the Contract for the N. C. Public Beach and Waterfront Access Grant. Fedehal S: State S: 17,625 County S: 5,875 User Fees S: Other S: Money Is In Current Budget: yes Budget Amendment Prepared: IVew Appropriation Request: i REVIEWED BY: LGL: APP WCOPLEY FIN: APP BSHELL BUD: HR: N/A AMALLETT ~ -COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend approval. r' ~~~~ 4N#3 `ii~t l~U~ LY+~+sauv_'" w'~' ~r ~~~:~ ~. Refer to Office Vision Bulletin Board for Disposition 93 t - ~ ~ %~-~ :?~. ,~~ , `~~-` ~, ~. .. - STATE OF NORTH ,~ CAROLINA . ; ... `~'~'`. V OFFICE OF.THE.:GOVERNOR RALEIGH 27603-8001 JA ~ ~ / ~J : December 1S, 1995 G E R M1I (~ ~I - _ ~ ~, ~ ~ ' ~, The Honorable Robert Greer - a Chairman ~ ~ t ...,~ ,.r., + ~ New Hanover County Commissioners ~ . ~ - , 2 ~ t995 320 Chestnut Street ~ ~ ~ ' Wilmington, NC 28401-4x27 ~;.,~i, ~; ; t~:..•.Tlvr'. OFFIC>: ~rrty H.1~0~'ER CO. Dear Mfr. Greer: L..J ~~ .~I am.pleased to announce that ~Tew Hanover County has.been awarded a public access ' - grant of S 17,62 through the North Carolina Coastal ~~-fanagement Program. The Division of Coastal Management in the Department of Environment, Health and Natural Resources will be administering this grant. If you should have any questions concerning this Grant, please call Zoe Bruner in .the Division's Wilmington District office at (910) 39~-3900. Congratulations on being selected from the many applications submitted. I am encouraged by your participation in the public beach and water access program, and I hope .these funds will ; help you'as you work to provide .better public access to dour, beautiful coastal beaches and waterways. , ~ -1y warmest personal regards. _ ; Sincerely, ' f . { James B. Hunt Jr. ' , .- , , JBH/rns _ .,~ - r` , \ s. 11 cc: Roger Schecter, Director ' ~ ~ ~• Division of Coastal Management ~ ",~ '' 94.a .. - ' '" ` ' RECEIVED BY ~L~~COMMISSIONSRS ' State of North Carolina Department of Environment, He~ith and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathon B. Howes, Secretary ,~, Roger N. Schecter, Director The Honorable Robert Greer Chairman New Hanover County Contmissioners 320 Chestnut Street Wilmington, NC 28401-4027 December 18, 1995 ~~ ~~~ ~EHNR Dear Mr. Greer: Congratulations on the _recent announcement by Governor Hunt that your local government wil I be awarded a grant through the N.C. Public Beach and Waterfront Access Program. The Division of Coastal Management will assist you in administering this grant. Enclosed are two contracts which should be signed and returned to Michael Lopazanski, Division of Coastal Management, Post Office Box 27687, Raleigh, NC 27611, along with a resolution authorizing your local government to enter into the grant agreement. Because the grant award is not final until the contract is executed, it is important for you to return bout copies as quickly as possible. In addition to executing the contract, any applicable state permits should be obtained before you begin actual conswction. The contract period will be January 1 to December 31, 1996. Please note that the project should be completed just as it was described in your proposal unless modified by mutual agreement. Also note that all contracts from the state include a provision requiring that local governments comply with the Davis-Bacon Act, a federal law requiring that detailed wage and hour records be maintained and submitted upon request. ,~ For more information, contact the Employment Security Commission, Labor Market Information Department at (919) 733-2936. . The Division of Coastal Management looks forward to working with you to complete your project, If you should have any questions concerning your project, please contact Zoe Bruner in our Wilmington office -, at (910) 395-3900. - Sincerely, . ^ 'I ~~ .. . Roge checter Enclosures -j -` -~ cc' Zoe'Btuncr ~ ~ 2 ~ ~ l ,. _9~~~~ P.O. Box 27687, Raleigh. North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 50% recycled/ 1(1% post-consumer pcper ' ~', ~.; Contract k: BA95-004 _ Project Location: New Hanover County Riverside Park- Phas - II - NE .ane Fear River • Public Access Project (Estuarine Regional) ., AGREEMENT THIS AGREEMENT, entered into as of this 1st day of November, 1995 by and between the North Carolina Department of Environment, Health, and Natural Resources (hereinafter called the DEPARTMENT) and New Hanover Qun~ (hereinafter called the CONTRACTOR). WITNESSETH THAT: WHEREAS, the DEPARTMENT has been charged with the' responsibility of'developirig a comprehensive public beach access program, pursuant to Part 6 of Article 7 of Chapter 1 13A of the North Carolina General Statutes, entitled the Coastal and Estuarine Water Beach•Ac'cess Program; and• WHEREAS, the DEPARTMENT has been designated as the recipient of funds provided by-the '• North Carolina General Assembly and the U.S. Department of Commerce, and authorized to award grants to local. governments for the purpose of fundinga public access program to assure acquisition, construction and maintenance of a system of pedestrian public. access.to -ocean beaches, estuarine water beaches, and other public trust waters. , .NOW, THEREFORE, the parties hereto do mutually agree as follows: . - _ • ' I. PROJECT IDENTIFICATION - . ~. ~ ± .. A. Contact Person for CONTRACTOR: •' - Mr. Neal Lewis, Director New Hanover County Parks Department ~ - ~~ :414 Chestnut,Stceet ~ . _ - ~ °~ .. ~" ~ ° Wilmington; North Carolina 28401.• ,. ;.. (910134.1-7198 _ .. _ ., _ ;, .. B. Project Type: Estuarine Regional Access - Phase,ll - • C. Period Covered by~this Agreement: ~ " ` ~ ,; ; _ Construction/acquisition to be done under this contract shall commence on or after January 1, 1 996 and shall be completed no later than December 31, 1996 unless the completion date is extended by an amendment to this contract. D. Project Description: ` '} Riverside Park Phase 11 includes construction of two new observation piers, picnic area including tables, parking facilities, including handicapped parking, litter receptacles and appropriate ~~, - r signage. 96 <~~• ,;ct 1 of 8 E. Project State Covered by this Agreement: This agreement is iri effect until the project is 100°h completed, inspected and aclose-out letter is received by the local government from the DEPARTMENT. F. Project Funding: . Grant Amount = S 17,625 Local Cash Match = 3,375 Local In-Kind Match = 2.500 TOTAL PROJECT COST S 23,.500 G. Project Conditions: 1. Each project will be consistent with the North Carolina Coastal Management Program. 2. No construction is to occur prior to the receipt of all required local, state, and federal permits. Coordination and consultation with permitting agency personnel shall occur so as to afford the least amount of impact on coastal resources. 3. Authorized improvements and costs will comply with the grant application submitted to and approved by the DEPARTMENT and are limited to the above stated project location unless _ prior approval is received from the DEPARTMENT, 4. Unauthorized changes in the project (from the approved site plan, budget and other material submitted with final grant application) will be sufficient cause for the reduction of grant funds at the sole discretion of the DEPARTMENT. Changes not deemed substantial may be made at the discretion of the Division of CoastaF Management District Planner. 5. Grant payment for an a of contract work will re uire uarterl submittal of a ro riate Y tYP q q Y PP P itemized documentation to the DEPARTMENT showing all charges incurred for each individual project. ; 6. Project will be completed and closed out prior to the project termination date, as specified in this contract, in compliance with the conditions of this contract. 7. The CONTRACTOR shall install CAMA public access signs at the project site(s). The ,DEPARTMENT will provide these signs at no cost to the CONTRACTOR. 8. Future improvements, modifications, or changes to the project site will be subject to full review and approval by the DEPARTMENT. This will include any changes which require permits or any modifications (reductions or additions) to recreational amenities.' Unapproved changes to the project site may not be allowed and will be cause for the ' DEPARTMENT to seek repayment of previously committed/granted funds for site acquisition and improvements. ~ ; ' ± 97 2 of 8 II. PROJECT EXECUTLON . A. The DEPARTMENT and CONTRACTOR mutuaAyenter this~Agreement in accordance with Article 7A of Chapter 1 13A of the General Statutes,•N.C.GsS. 1 13A-134.1 et seq., .the CoastaP and:Estuarine Water Beach Access Program; and agree to comply with the terms, promises, conditions, plans, specifications, estimates, procedures, project proposals, maps and assurances submitted in conjunction with the project proposal for the above referenced Project Agreement. B. The CONTRACTOR agrees to execute and complete the approved project in accordance with the time schedule set forth under I.C., (page 1). Failure to render satisfactory progress or to complete this or any other project under this program.to the satisfaction of.the DEPARTMENT maybe cause for the suspension of all obligations of the DEPARTMENT under this agreement. C. Construction contracted for or performed by the CONTRACTOR shall meet the following requirements: .1,., Public building contracts shall co"mply with~the requirements of Article 8 ofi Chapter 143 of the General Statutes, and all other requirements placed on local governments. .. 2. Arnendments~ fo contracts for construction shall:'be by written change order only. Such change orders shall be,issued after approval of'the DEPARTMENT, shall be made' a part of the project file, and shall be kept available for audit. -,3. ~ The CONTRACTOR agrees to incorporate, or cause to be incorporated into all construction contracts the following provisions: "During the performance of -this `contract, the CONTRACTOR agrees as follows: "a.~ The .CONTRACTOR- will .not. discriminate against any employee or applicant for employment because, of race, creed, color, or national origin. The CONTRACTOR will ;take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin, Such action..shall incfude,but not be timlted,to; the following: '~erriployment, upgra.ding,~ demotion or transfer; recruitment or recruitment advertising; .layoff or termination; rates of .pay or other forms of compensation; and selection for training, including apprenticeship. The. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants foremployment, notices to be provided by the CONTRACTOR. setting forth the provisions 'of this 'mon-discrimination clause. "b. The CONTRACTOR will,':in all solicitation'or~advectisements or employees placed by or on behalf <of•'the CONTRACTOR, state `that all qualified applicants vviil receive consideration for employment without regard to race, creed, color, or national origin. D. The.CONTRACTOR agrees.to secure completion of the work in accordance with the approved constructioR,plans and specifications,. and~shalF secure compliance with al! applicable Federal,'State, and local laws and regulations, including; the State Building Code., •' - , E. The CONTRACTOR agrees to permit periodic site visits by the DEPARTMENT to-insure work progress in accordance with the approved project, including a final inspection upon project completion. F. In the event funds should not be available for future stages of the project, the CONTRACTOR sao bring the .project to a point of usefulness agreed upon by the DEPARTMENT. 3 of 8 ~, - G. All significant deviations from the project proposal shall be submitted to the DEPARTMENT for . prior approval. . H. Development plans and specifications shalt be available for review by the DEPARTMENT upon request. I. The acquisition cost or fair market value of real property including interest in donated lands shall be based upon the appraisal of a competent appraiser. The appraisal reports shall be reviewed and approved by the DEPARTMENT. J. It any tract or parcel of, or interest in, real property subject to being purchased under the .provisions of this agreement, but not identified herein, is found by the DEPARTMENT for any reason not to be suitable, all obligations of the DEPARTMENT hereunder shall cease as to such parcel, tract, or interest. K. Proiect Admini~(a i n 7 . The CONTRACTOR shall promptly submit such reports as the DEPARTMENT may request. 2. Property and facilities acquired or developed pursuant to this agreement shall be available for inspection. by the DEPARTMENT upon request. 3. The CONTRACTOR shall use all funds received by way of advance payment from the DEPARTMENT under the terms of this agreement solely for the project stage herein described. 4. Interest earned on funds granted pursuant to this agreement shall not be available for expenditure by the CONTRACTOR, .but shall be disposed of according to instructions issued by the DEPARTMENT. III. REIMBURSEMENT OF PROJECT OST A. The CONTRACTOR agrees to maintain and make available at ro er times h p p tot e DEPARTMENT all bid documents, and accurate records of all expenditures for costs applicable to this agreement, and to submit properly certified billings for such costs on forms prescribed by the DEPARTMENT and supported by detailed data sheets which will facilitate the audit of the CONTRACTOR'S records. Complete accounting records, including original invoices, payrolls, contracts, or other documents clearly showing the nature and property of all costs incurred under this agreement, shalt be retained by the CONTRACTOR for a period of three years following project completion or until an .audit has been completed, whichever is later. All accounting records and supporting documents will clearly show the number of the project to which they are applicable. B. The DEPARTMENT agrees to reimburse to the CONTRACTOR onl for y costs actually incurred by the CONTRACTOR under the terms of this Project Agreement. Should the total costs of the project exceed the Project Cost stated in I.F. (page 2), the DEPARTMENT shall reimburse the CONTRACTOR only for the excess attributable to change orders approved by the DEPARTMENT. . C. The CONTRACTOR agrees to refund to the DEPARTMENT, subsequent to audit of the project financial records by the DEPARTMENT, any funds not expended.in the completion of the project under the terms of the above referenced.Project Agreement. ~ ~ . ' . 99 4 of 8 D.- a Project costs eligible for assistance shall'be~determined upon the basis of the criteria set forth by the DEPARTMENT. ' - - lV, PROJECT TERMINATION. ' A. This agreement may be rescinded, modified or amended only by written agreement executed by all' parties hereto,. , ~ ~ .. .. ~ - - ~ ~ • ~ ~ " B. ~ Failure by the CONTRACTOR to comply with the terms of this agreement or any similar - agreement or any similar agreement may be cause for the suspension of all obligations of the DEPARTMENT hereunder. , ~ .. ~ ~ ~ - C. _ . Fa.ilure.by. the CONTRACTOR to comply.with he Germs of'this"agreement shall riot be cause for the suspension of all obligations of the DEPARTMENT hereunder if, in the judgment of the DEPARTMENT, such failure was due to no fault of the CONTRACTOR. In such case, any amount required to settle at minimum costs any irrevocable .obligations properly incurred shall be eligible for assistance under this agreement. . , . ` V. RETENTION, OPERATION, MAINTENANCE. AND USE - . ,. .. ,. A. Purpose. The standards-which apply to the retention, operation, maintenance,'• and use of properties and facilities acquired or developed with grant assistance are contained in this section. .L ~ B. ~ Tlae:CONTRACTOR agrees tq~operate and maintain solely at its own expense, insofar es it is legally empowered to do so, for as long as they exist, the facilities and areas covered by this agreement. C. R~tentionand Use. -Property acquired ordevelbped with granrassis'tance shall be retained and used for public access. The CONTRACTOR agrees to transfer title to any real property acquired with the grant funds to the DEPARTMENT if the local government uses the property for a purpose other than public access. ~ .. D. Ooeration .and -Maintenance. 'Property acquired or• developed with grant assistance shall ~be '-' operated and maintained _as follows:.. L_~ 1. The property shall be maintained so a`s to appear attractive and inviting' to the public. 2. Sanitation shall be kept~at-reasonable standards for public use: Fire protection, and other" -- {~', similar services shall be maintained in "accordance with applicable DEPARTMENTAL'and ~I local public Health standards. ~ - ~ - ~ ° ~ ' ` 3. Properties shall be kept reasonably safe for public use. The CONTRACTOR shall determine the level of maintenance and supervision necessary to ,maintain the 'fac~l~ty in a safe. .condition. . a ... _ ~ .' .:r 4. ' Buildings, roads, and other structures, and improvements shall be kept in reasonable repair . ~ ~I throughout their estimated lifetime, so as to prevent 'undue deterioration and not to discourage public use. 5. ; •Buildings, roads, and+other structures and improvements shalt be kept open.for;public use ~~ at reasonable hours and times of the year, according to the type of area orfacility. ~ ' '" 100. 5of8. i a- -' E. Availability to Users. Property acquired. or developed with grant assistance shall be open to entry and use by all persons, regardless of race,, color, creed, national origin, or residence who are otherwise eligible according to reasonable published rules applicable to the property involved. F. Basic Changes in Recreational Use. The use of property acquired or developed with grant assistance may not be changed from. that contemplated and approved vvhen assistance was obtained, unless approval is obtained from the DEPARTMENT. G. ~ Reasonable Use Limitation. The CONTRACTOR may impose reasonable limits on the type-and extent of use of areas and facilities acquired or developed with grant assistance when such a limitation is .necessary for maintenance or preservation. Thus, limitations may be imposed on the number of persons using an area or facility. All limitations shall be in accord with the applicable grant agreement and amendments. H. .Use of Proceeds of Sales. The proceeds of sale of assisted areas and facilities must be held by the DEPARTMENT or the CONTRACTOR and be disposed of only in accordance with a plan approved by the DEPARTMENT. I. Notice of Limitation~gf Use and Restrictions. The CONTRACTOR andlor owner of the real property acquired or improved .with grant funds awarded under this agreement shall file, in the office of the Register of Deeds in the county or. counties where such property is situated, a Notice of Limitation of Use and Restrictions which sets forth the land use restrictions contained in this agreement. VI. GENERAL PROVISIONS' A. Conflict of Interest T. No official or employee of the CONTRACTOR who is authorized in his official capacity to negotiate, make, accept, approve, or- take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract or subcontract. `~ 2. No .person performing services for the CONTRACTOR in connection with this project shall have a financial or other personal interest other than his employment or retention by the ,~ CONTRACTOR in any contract or subcontraci in connection with this project. No officer or employee of such person retained by the CONTRACTOR shall have any financial or other personal interest in any real property acquired forthis project unless such interest is openly _ disclosed upon the public records of the CONTRACTOR, and such officer, employee or person has not participated in the acquisition for or on behalf of the CONTRACTOR. 3. The CONTRACTOR shall be responsible for .enforcing the above conflict of interest provisions. B. Nondiscrimination i . The CONTRACTOR shall not discriminate against any person on the basis of race, color, or national origin in the use of any property or facility acquired or developed pursuant to this agreement. 2. The CONTRACTOR shall not discriminate against any person on the basis of residence, -exoept to the--extent that- reasonable difference in admission or other fees may be maintained on the basis of residence. ~ O 6 of 8 C: Flood Disaster Protection ~ ~ ~~ F ~ ~ .. ' - The CONTRACTORagrees to comply with the~te~ms aril intent of the'Flood Disaster Rrotection ` Act of 1973 (Public Law 93-234) and all applicable regulations and procedures implementing that Act. . -~ ~ . D.' Somofiance °. .r . , . - _ - ~. The CONTRACTOR shall be responsible for compliance with.. the terms of this agreement byany_ other political'subdiv+s+ori`or public,agericy~to which funds are transferred pursuant to~this agreement. Failure by such political subdivision or `public agency'to' comply shall be • deemed failure by the - responsible CONTRACTOR to comply with the terms of'thisragreemenr. 1. Handicaooed Comalianc . ~ " • '~ -A(I facilities constructed under the terms of this agreement will be built in compliance with the Haridicapped~Section ofthe North-Carolina Building Code (N:C:G.S. 168-1973). .. a 2. Davis-Bacon Act •r ~ .. - ,. ... ~~ The CONTRACTOR will comply; as applicable; with the provisions of the Davis=Bacon Act ' (40 U.S:C:,276a to'276a-7), the Copeland Act (40•U.S:C: 276c and 18 U.S.C. 874); `and ° the Contract Work Hours and'Safety Standards Act (40 U:S.C: 327-333),, regarding labor standards for federally assisted construction subagreements. ,: E. Signa4e Reauir~ment Public access signs gwill be. posted at the access site(s) upon completion of the project. The CONTRACTOR will be Pesponsitile for replacing any signs which are destroyed 'or removed. ' ~. :~ C. ~ r 1 •(" - • ' t .. t ~ .. ~ '1 - U .. 102 ~ .. 7of8 ' 1 1 1 1 1 1 i 1 f 1 1 A 1 1 1 1 t 1 IN WITNESS WHEREOF, the DEPARTMENT and the CONTRACTOR have executed this agreement as of the date first above written. CONTRACTO STATE OF NORTH CAROLINA COUNTY OF By Title On this day of , 19_, personally appeared before'me, Lhe said named to me known and known to me to be the person described in and who executed the foregoing instrument and he (or she) acknowledged that he (or she) executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true. My commission expires 19_ (Signature of Notary Public) NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES Jonathan B. Howes, Secretary By Department Head's Signature or Authorized Agent 103 8of8 Tlris pane intentio~ially left blank q-~' r-. a. a . ' :. {" ~ t, 104 r REQUEST FOR BOARD ACTION Meeting Date: 02/0/96 Regular Item #: Consent Item #: 7 Additional Item #: Department: Human Resources Presenter: Page Count In Agerida Package: Contact: Allen O'Neal SUB.TECT: Reclassification ofMaterial Control Specialist to Safety Officer BRIEF SUMMARY: Due to the number of lost time and recordable injuries at WASTEC over the past t<vo years, the staff and members of the WASTEC Advisory Committee are requesting that a vacant Material Control Specialist position be reclassified to a Safety Officer. Approval of the request will mean that there will be a person assigned exclusively to the-department to monitor the work habits of the employees to ensure that they are following safety guidelines. The individual will also be responsible for ensuring that safety standards are developed and that staff is trained in understanding and meeting those standards. The Safety Officer will report to the Environmental Management Director. RECOMMENDED MOTION AND REQUESTED A TIONS• - The County's Personnel Policy allows the County Manager to approve the reclassification of an existing classification to another existing one without the approval of the Board of Commissioners. The purpose of this item is to inform the Board of the County Manager's approval of this request. r UIVUl1V(T SUUKCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: yes Budget Amendment Prepared: no New Appropriation Request: no ~ LGL: FIN: BUD: HR: ~ BOUNTY MANAGER'S COMMENT AND RECOMMENDATIONS• Recommend concurrence on this matter. _ _ ,R a ~.' ~~n . n~~ 10.5 ~~~•- k , lU~...+ul ~ ~ tlmtlLrla~k~~~~sd Is;~ Refer to Office Vision Bulletin B~~a~drforDispolition' L OxyChem® ~ Responsible Care• ~~j A Public Commitment r / Q_ ».. ~ - • -. - e,. .- .. January 8, 1996 •:_ • ~:~ ~- ~ 1996 Mr. Allen O'Neal New Hanover County Manager AL)1~I1N1STRf1TIVE OFFiGE 320 Chestnut Street NEW HA11'OVER CO. . • ; Wilmington, NC' 28.40.1 .. . ~• ~:,, _ . ... Dear~,llea: . .'6. ' a s Recently I.have had discussions with ,Ray Church and john Hubbard .regarding the safety performance at WASTEC. l~iy concerns are driven by the number of lost time and recordable injuries that the .facility has incurred over the past two years. This safety performance is unsatisfactory. and steps need to be aken to • reduce on the job injuries. Over the past ! 0 years, we at OxyChem have developed a program that has reduced the number of worker j~ j injuries. The system is fully dependent on employee involvement and management commitment. However, lJ it is management's commitment that starts and.maintains this .process. ~ .. • It is my.understanding that arequest- has been` made to fill a vacanc within the De artment of , .~., y P Environmental Management with. a full time safety professional. I highly support this request•-and encourage the County to move forward with a commitment to fill this position and to strive for.excellence in safety perforn~ance. We must do everything we can to develop a safe working atmosphere and to provide a safe work place for all employees because one accident is one too many. Best Regards, .... . _ _ d ~. .. .- . ~ - a ` - e e r. enzagii Chairman, WASTE C mniission • .~ •. ~•` _.. __ .. _..__.... . _. .R~_' .. 4 .~ ~ . $.~ Occidental Chemical Corporation (a"~08 Holly Shelter.Road, P.O. Box 368`Castle Hayne, North Carolina 28429 a ~D ~~II 0/675-7200, FAX: '910/675=7201 • REQUEST FOR BOARD .ACTION Meeting Date.: 02/05/96 EZegular Item # i Consent Item #: 8 Additional Item #: Department: Sheriffs Department Presenter: Page Count In Agenda Package: ~ Contact: Sheriff Joe McQueen SUBJECT: ' Grant application to the N.C. Department of Crime Control and Public Safety for Upgrade to the Criminal Justice Information System BRIEF SUMMARY: The Sheriff wishes to apply for a federal grant in the amount of $64,275 from the N.C. Dept. of Crime Control and Public Safety. The funds, if awarded, would be used to upgrade the Criminal Justice Information System by installing a Consolidated Records Information System (CRIMS). The grant would require a 2~% match which the Sheriff proposes to take from revenue received from Federal Forfeited Property funds. RECOMMENDED-MOTION AND REQUESTED ACTIONS• Recommend approval of the application; request authorization for the Chairman to sign as the "Authorizing Official". Request. acceptance of the grant, if awarded. Budget amendment will be prepared when grant is awarded. FUNDING SOURCE: Federal S: 64,275 State S: County S: 21,425 User Fees S: Other S: Money [s In Current Budget: No New Appropriation Request: Yes Budget Amendment Prepared: No .REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ~ . Recommend approval. ~ " '; " . ~ .._.„ ~ . . - D'o r,~•,.* ~,~4 n a ~,au~u n~~39~tbuY.S„~ ~ .~ Refer to Office Vision Bulletin Board for Disposition NORTH CAROLINA DEPARTMENT OF . CRIME CONTROL & PUBLIC SAE'ETY DIVISION OF GOVERNOR'S CRIME COMMISSION 3824 Barrett Dr., Suite 100; Raleigh, N.C. 27609 (919) 5.71-4736 FA,~C (91.9) 571-4745 -~ .. .„ •• GRANT PRE -APPLICATION '• ~~ ' < , `GRA`NT ~ Na t t ,. <, . . >: APPLICANT INFORMATION: 1. Applicant:(agency name, address, telephone and tax) New Hanover County •' Sheriff's Department 20 North Fourth Street j•:ilmington, North Carolina • 28401 >_ 2. 'Authorizing; Offi~cial:,;(name, title) Robert S. Greer, Chairman New FIanover County Board of Commissioners 320 Chestnut Street Wilmington, North Carolina 28401 3. Implementing Agency:(name, address, telepphone and tax) New FFanover County Sheriff's Department 20. North Fourth. Street • Wilmington., North Carolina.. 28401.. (910)341-4205 Voice (910)341-4039 Fax 6, Name of Project Purpose/Strategy (CJZ:~ Upgrade to Criminal Justice Information System Consolidated Records Lnformation Management Syste (f RTnnC) Review Committee:' ' 7.. U. S.,Congressional District: ) and 7 Copulation cf projec*_ area: tan,nnn N.C. Legislative District(s) . ••"House: 13, 14,'-96, 98' Senate: 4:~ 7. ~t8 n. type oz Action (X) First Application ( ) Continuation of grant (VOCA 6 VAWA) 9. Type. of Funds Requested: (XJ, DCSI ( ) VOCA (• ) VAWA, - ( ') JJDP ( ') CJ 4. Project Director: (name, title) Captain Nathan Johnson New .Hanover County Sheriff's Department S. Project Start Date and Ending Date Start Date: April 1, 1996 End Date: August 31, 1996. ._ 10. Requested.8udget Totals: lst;,year Personnel: "0 Contractual: Travel: 0 Supplies: 5,900 Equipment: 75,300 TOTALS: 85,700 - 2nd year 11 ., Federal Support Requested: 1st Year 2nd Year 1564,275 12. PROJECT SUT•Q•1FLRt As part of a Long Range Strategic Plan, the New Hanover County Sheriffs.deparlment began the installation a Criminal Justice Information System (CJdS) in 1993. This first phase included new automation systems for the E-911. center (CAD), the Jail, the Prosecutor and the mug shot operations for the entire ~~ county. Additionally, on=line communications with various slate agencies {AOC„DCI, DMV, DOC...) were established. The Sheriff now proposes to implement the second phase of the CJIS by Iristalling a ~ ` Consolidated Records Information System (CRIMS). This system will fully Integrate with all phase one systems and will create electronic CRIMS records for lhls multi-jurisdictional county. Users of this system will include the Sheriff, the City of Wilmington, the~towns.of Wrightsville Beach, Carolina Beach and Kure Beach and the Universily.of Norlti Carolina at,liVilminglon. This CRIMS system will~replace a manual system that is saturated and is rio longer capable of supporting the law enforcement agencies in this coun anover Is the second most urbaniieii county in the stale and serves as a regional comme~cter for southeastern North Carolina°. ,The law enforcement agencies must be equipped to operate effecllvely In this complex environment. '• Pre-Applications in excess of 7 pages will not. b© considered. They till be returned to the applicant to be condensed. Gg,~T pRE-A.PPL2CATZON Paqe 2 -THE PROBLEM: ,. ~. The Problem: The current Records System for New Hanover county was installed in 1982 and has not been upgraded since that time. The system is manual and because of the high urbanization of the county, it requires an ever increasing number of staff to support it. Some of the deficiencies with the current . system include: no longer expandable because of stafflroom restrictions, it is labor intensive and produces marginal outputs, not sharable with the multi-jurisdictional agencies, can't develop the desired statistics for the courts, the sheriff andother agencies and it provides no support for budget preparation. It Is having a direct affect on Crime Prevention and Control activities because we can't query the system about criminal . patterns that are occurring. Domestic violence complaints are impacted because we can't review the arrest history of the offender. Officer safety is being compromised because we can't warn them of prior arrests for assault charges when they apprehend a suspect. The lack of a data base system prevents query activity to detect trends in criminal activities. The system is not able to respond to our needs in child abuse, wife abuse, sexual abuse and concealed weapons cases. In the past 3 years, the county has experienced very rapid growth which has demanded additional law enforcement services. This growth is ~- projected to continue into the foreseeable future. New laws became effective recently concerning pistol permits, concealed weapons, domestic violence and sexual offender registration that will place even more demands on the current system. Unless we address these problems immediately, the county will not be able to deliver the quality of law enforcement services that the residents expect from their government. Consequently, violent crime rates will increase, complaints from lost or damaged property will escalate and citizen's demand for action could approach a dangerous level. The county has a long range objective for the CJIS system and this next step must be taken now. PRO~CT OPEc~1TION: Protect Operatlon: New Hanover county proposes to overcome these problems by taking the following actions: We plan to acquire a modern data base system that contains all the functions necessary to support a law enforcement records operation. We plan to populate that system with the pertinent exlsling data so that the system can support the law enforcement agencies immediately. We plan to network that system to all users who have a need to access that data so That every !aw enforcement agency in the county has the information they need in a timely manner. We plan to offer a full query capability with a graphical depiction of the data. The system will be expandable so that additional computing resources can be added as the county grows. We plan to make the system available to all agencies (Wilmington, Wrightsville Beach, Carolina Beach, .Kure Beach and UNC Wilmington) on a 24 hour per day, 7 day per week basis. Slate agencies such as clerk of court, magistrate and the district attorney will also have access to the system. All users will be adequately trained so that the full benefit of the system can be deployed across the region. Our approach toward implementing this system will be a phased one. We will establish a project _ .management team to oversee the entire project. The first step is to secure the grant so that monies wilt be available for the next steps. Then we will purchase the hardware and software. Then, we will install the networking equipment and wiring so that all users can be connected to the system. We will then select a pilot group of users and begin the systems implementation. After that pilot has proven to be successful, we will expand the pilot to include all the users. After that step is fully operational, we will invite the other jurisdictions to attach to the system. Staff members of the Sheriffs Department, MIS Department, Vendor and other agencies will assist in the completion of this project. This approach has proven to be highly __ successful in the past and produced results within budget and ahead of schedule. ~ 109 GRANT PRE-APPLICATION j DETAILED BUDGET: .. Paqe 3 Jul BUDGET CATEGORY (ONE YEAR ONLY) CATEGORY'TnTAr. p., r~xS~aN~L .~;mptoyees) . 1.Salaries - list each position with yearly salary rate. Position Title Salary Rate ~`.ot Time Devoted -~ None ' Subtotal: 2. Fringe Benefits ~ • 0 Subtotal: ~ ~, TOTAL PERSONNEL: ., ('Pra.^.sfer,to Paqe 4 line I.,A) B. CON'iR.~CTU~.L SERVICES (Ltetr-ize) 1. Individual and/or Agency - List.by,name, rate o~ pay and time required. Limited to a proven reasonable rate. Teleco,~Inc. $300/Run, one-time, 15 runs 4,500 TOTAL CONTRACTUAL SERVICES: (''_'ransfer to Paqe 4, line I.,B) 4,500 C. Travel -•List cost for transoo'rtinq clients and cost's for - travel and subsistence of project personnel. 0 , TOTAL TRAVEL: . ' (Transfer to Paqe 4, ling Z.,C) 0 D. SuoDlies and Other Operating Expenses = (Office Supplies, Field Supplies, Office Rent,.' etc. )' ~ -. ~ ~, - . Patch panel's for wiring ~ ~ 500 3 Phone circuits-0,$150/month each .~ _ 5,400 ,. , TOTAL OPERATING E:{PENSES: (Transfer to Page ,9, fine I.;D)" 5,900. , ` E. Equipment - Itemize iCems that cost over 5500 and are' _ rion-expendable. 1. Purchase' _ 22 - Personal.Computers, 75 MHz Pentium, 16 MEG RAM:- ~ ... Ethernet Card, 540 Hard Drive - 1 -File Serer, 90 MHz •Penti:um, 16 MEG RAM •° ~ ~ ~ .. . Ethernet Card, CD-ROM, 1.12 Gig. Hard~Drive •1 -Tape-Drive for Backup 1 -Windows NT Server 50,580 1 -Network Equipment (Routers, Hubs DSUjC~SU) 24,720 2. Lease or Rental 110 TOTAL EQUIPMENT: 75,300 (Transfer to Paqe 4, line I., E) °r~~NT PRE-APPLICATION BUDGET SurlMAxz Page 4 ~. BUDGET CATEGORIES: ~ T A. Personn 1 $ FIRST. YEAR o ANTICIPATED SECOND YEAR B. Contractual Service S C. Travel $ o D. Supplies / Operating Expenses $ S,9oo E . Equipment $ 75,300 F, TOTAL: $ 85,700 ~I. DESCRIPTION OF I~.ATCH FOR VICTIMS OF CRIME P.CT, VIOLENCE AGAINST WOMEN ACT, OR DRUG CONTROL AND SYSTEM IMPROVEMENT GRnNTS. •'••MaCChinq funds may include local, -cafe oc pclvace Lunds, but,not other Lederal funds.•'•' 3 A. Victims of Crime Act (VOCA) (Check one and describe below) ( ) Expansion of Existing Program - 80~s federal/20~ match ( ) Implementation of New Program - 65~ federal/35~ match ~- Describe source and amount of match: N/A 1 ~. C 1 Violence Against Women~Act (VAWA) (Check one~and describe below) ( ) Nonprofit, Nongovernmental, or victim services program. ~~ (Exempt from match) ( ) A11 other applicants . - 755 federal/25~ r,3tch _ Describe source and amour_t of cash or in-kind match: N/A Drug Control and System Improvement 75~ federal/255 match Describe source and amount of cash match: 25$ Cash Match to come from Federal_Forfiture Accoun DO NOT COt~LETE THE SHADED BLOCK 1 GFZANT PRE-APPLICATION -- CERTIFICATIONS, ,., Page•.S ~' ,A. PROJECTED ASSUMPTION OF PROJECT COSTS:. • . • j (X) The project director must 'state plans for the assumption of project cost after fl federal funds are no longer available to the project: - • The only funds required, after federal funds have been..applied, will be operational budget. These funds will be requested through the normal budget process ,~ .. ' • _ .. B. CERTIFICATION OF NON-SUPPLANTING: (X) The applicant hereby certifies that federal funds will not be used to supplant or • replace funds or 'other resources that would otherwise have been made available for Juvenile Justice and Delinquency prevention, Drug Control and System Improvement, Vietims of Crime Act, Children's Justice or Violence"Against"Women Act projects. C. CERTIFICATION OF FILING OF PN EQUAL EMPLOYMENT OPPORTUNITY PROGRAM: (Check ~~a ~~.._,.r__~_~ ~„>.,,~. , (x) The project director certifies that the applicant`/grantee hasv formulated ;an Equal Employment Opportunity Program, which is dated 02 / 06 /78 , in accordance with .the Amended Equal Employment 0ooortuni=ty-Guidelines-28 C.F.R. 92.301, .e6 seq., Subpart E, •, "and that it is on file- in the office, of: (Of£iceJ New Hanover County" Human Resources" - -~ - . (Name) . Mary Ann Walton (Title) Assistant Director , ~• (Address) 320 Chestnut Street; Wilmington, N:C. ,28401 t a (Telephone) (91G) 341-7178 Fot review and audit by officials of the .Department of Crime Control and Public Safety or the "Office of Justice"Pro,grams as required by relevant .law and regulations. _ .• LLL..~~~ lX) The project director certifies that the Amended Equal Employment Guidelines have been read (28 C.F.R. 42:301, et seq., Subpart E) and"'that no Equal Employment'Opportunity fl P_ogra:a is required to be filed by the implementing agency. D. CERTIFICATION OF SUBMISSION OF ANNUAL AUDIT: . ,~ (XI The project director certifies that a copyof the subgrantee's annual-audit (required) • __ ., .. . ` "will be submitted to the•office of the State Auditor and the Department of Crime Control . and Public Safety. r ._ .. " E. CERTIFICATION OF SUBMISSION OF PROJECT REPORTS: 0~1 The project director certifies that a completed•progress report (provided in the GCC Grant Award Package).will be submitted..at the end of 12 and 24 months or more often if requested. If applicable, the pioje'ct director certifies that"-quarterly 'reports-will be completed as required. f L _ 112 ". . .. _~ GRANT PRE-APPLICATION -- CERTIFICATIONS CONT. Page 6. F. CERTIFICATION THAT APPLICANT IS ELIGIBLE TO RECEIVE FEDERAL FUNDS: ~~ (X) The project director .certifies that neither grant applicant nor any of its officers, directors or consultants are presently debarred, proposed for debarment, suspended, declared ineligible or voluntarily excluded from receiving federal funds. (Zf the director cannot make this certification, an explanation must be attached. If this certification cannot be provided, the applicant will not necessarily be denied participation in this program. The certification or explanation will be considered in connection with the determination by the Division and Crime Commission as to whether or not to approve the application. However, if neither the certification nor an explanation is provided, the application will be rejected.) ~; G. CERTIFICATION REGARDING .LOBBYING: (TO BE COMPLETED BY AGENCIES RECEIVING $100,000 OR MORE) ( ) The project d1 rector certifies that (1) no Federal appropriated funds have been paid or. will be paid to any person for influencing or attempting to influence an officer or e.^.iployee of any Federal agency, a Me.Tber of Congress, an officer or employee of Congress, or an e:nnloyee of a M~~nber of Congress in connection with the awarding of ary Federal contact, caz ma iag o aay e'.eecai yranc, c:,e making oz any czderal loan, tae entering into of any cooperative agreement, and the e_ctension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement; (2) If any non-Federal funds have been paid or will be paid to any. person for influencing or attempting to influence an officer o: employee of any Federal 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 the project director shall initial here And complete and submit Standard Forn.nLLL, "Disclosure of Lobbying Activities", in accordance with its instructions. H. DRUG FREE WORKPLACE COMPLIANCE: (TO BE COMPLETED HY STATE AGENCIES ONLY) ( ) I (project director} certify that (1) a drug-free workplace awareness program was held on and/or will be held annually on which all grant project e.~nployees are required to attend; (2) a copy of the agenda of that program, including an attendance sheet signed by all employees, will be provided to the Governor's Crime Commission; (3) a.statement will be published notifying employees that any unlaNful involvement with a controlled substance is prohibited in the grantees workplace and. that specific actions will be taken against e_~siployees who violate this rule; (Q) all employees will receive a copy of this notice; (S) all employees must agree to abide by the statement and to notify the applicant of any criminal drug statute conviction for the violation occurinq in the workplace within 5 days of the conviction; (6) within 10 days of receiving such notice, the applicant will infotm the Governor'$ Crime Commission of an _ e_~n?loyee's conviction; (7) any employee so convicted will be disciplined or required to c~.^plet_ a ~_ug abuse treatment program; and (8) the applicant will make a good faith effort.,to maintain a drug-free wor~:place, in.accerdance ~aith~th_ requirements of Title• v, Sections 5153 and 5154 of the Anti-Drug Abuse Act of 1988. ~ .. AVAILABLE TECHNICAL ASSISTANCE If you need assistance-in completing this grant-pre-application, please call the Governor's Crime Commission at (919) 571-4736. Be ready to .state-the specific ;~ area (DCSI, VOCA, VAWA, CJ, or JJDP) . 113 ~ ~ ~ .~ ~ . GRANT PRE-APPLICATION Page 7 .. -~. . _ CERTIFICATION BY AUTHORIZING OFFICIAL* a-- - -- I certify that I-"understand and agree to comply with the general and fiscal terns and conditions ~of this grant pre-:application including special '.conditions; to` comply•with provis~i:ons .of, the Act ,governing .these funds and. all other federal laws;. that .all .information presented.is..correct; that 'there -has been appropriate coordination with affected argencie~s; that I `am"duly 'authorized to commit the applicant to these requirements; that costs incurred prior to~'grant approval may result . in the e:cpenses being .abso,rbed ,by the subgrantee; and, that all-. agencies• involved with this proj e•ct understand that'• aTl federal ~ funds are limited. to a twenty-four month period. _ i„ ' The ?nti=Drug. Pbuse Act; of: 1988 ~ recruires Ghat subgrantees provide-'assurance that s~.iogrant funds .will not be used to supplant or•replaae local ur.state funds or other resources "that would otherwise have been available for law. enforcement and/or cr'imina'l justice activities In~ compliance with that mandate; I "certify . ,, ,. that'` the.''receipt. of federal funds 'through the Crime ~ Commission • hall in no way suoglant. or ~ replace s-tate.,.or .lo'cal funds or other resources tha-t. would .have been made. avail~abl:e fo:r law.-enforcement. and/or criminal. justice activities. - - -.., Na_ne`: ~ Robert G . Greer , "T l t l e : ' • 'Chairman ~ ~ ~ •" (Please Print or Type) .. ., ,.New. Hanover County. Board.. - ". • r ~ ~, .• • Agency: of Commissioners ~ Address :3.20 ;Chestnut. Street, Room 305 ' Wilmington, N.C. 28401.:... A Phone Number:- ( 910 ) 341-7149` '.. ~ ~ • Signature: ~ Bonded: ( )Yes ( )"No• • * -NOTE : ~ THE PROJECT DIRECTOR, FINANCIAL.;~.OFFICER AND AUTHORIZING;, OFFICIAL SHOULD NOT BE THE SAME PERSON. .THIS.PRE-APPLICATION IS NOT..COMPLETE WITHOUT THE ABOVE SIGNATURE ** P?L-APPLICATIONS IN EXCESS OF 7 PAGES WILL NOT SE"CONSIDERED £OR REVIE'rl ** '"' _THEY WILL HE RETURNED TO THE APPLICANT TO BE CONDENSED '`~ "'' ' t ` k ~~4 ~ a r s . REQUEST FOR BOARD ACTION Q- Meeting Date: 02/0/96 _ Zegular Item #: Consent Item #: g Additional Item #: department: County manager Presenter: 'age Count In Agenda Package: 15 Contact: Andrew J. Atkinson SUB.IECT: Criminal Justice Parntnership Program -Discretionary Grant BRIEF SUMMARY: The State has notified the County of the award of a discretionary grant for the Criminal Justice Partnership program in the amount of $36,720. These funds will be used to .renovate the Day Sentencing Ctr and for additional equipment needs for the Day Sentencing Ctr. There is no County match required for these funds. We have been very fortunate to receive these discretionary funds: We have been awarded twoother' - discretionary grants since the program started. U, RECOMMENDED MOTION AND REQUESTED ACTIONS• ~~ Request the Commissioners accept the grant and authorize Andrew J. Atkinson to sign as he is the - "Authorizing Official" for this program and .approval of Budget Amendment #96-0131. FUNDING SOURCE: Federal S: State S: 36,720 County S: Money Is Itr Current Budget: No Budget Amendment Prepared: Yes User Fees S: New Appropriation Request: Yes Other S: REVIEWED BY: LGL: FINN APP BSHELL BUD: HR: N/A AMALLETT U NT A R' E F . Accept the grant and authorize Ari~dy Atkinson to .sign the award letter ~~, . ~~~~~ ~ A 1~~ ~~~~~~~~~~°~~~~ 115 ~. t3~ld~~~ l~Vc~o:aid~tlb bif o °' Z ~ ~~ ,~ ~~ ~ ~~ Refer to Once Vision Bulletin Boar for ss"position " Q- , . - ; .~ ice' iI ~• `~? _. ' ' ~ I\TOrth Carolina Department of Correction Z 1 ~ 11'est Jones Streer • P. O: 13ox 395.10 • Raleigh, \orth Carolina ?76?6-05-10 _ James B, Hunt, Jr, Go~~crnor. _ . . ..' _ . .., ' _ - Franklin-Frccman,~Secrctary ` January 5, 1996 Mrs: Sandra .Barone, Chair _ ~~~ ~ ~ g ~ ~ 7 •,t ,,New.Hanover CJPP Board r . _-., ~. • 320. Chestnut Street, Rm.305 ._ ~ _. ~ ~ ~-,~ ~ ~ 1996: ; Wihningtou, NC 28401 , . ~ - - - '~ ~M~;LjT~T1VE OFFICE. Dear Mrs. Barone: ~ NEW ]E~NCVER ~' I am pleased to inform you that I have approved a portion of New Hanover County's application for discretionary funds. The amount awarded for fiscal year 95-96 is $36,720 and this amount must be ea-pended prior to June 30, 1996, to prevent it from reverting. I congratulate the Advisory Board for its successful application and thank you, for your leadership. The effective date for. this ant .award is Janua 1 1996 .and the ~ ant ~ enod~ is Janua 1 • 1996- June 3`0, 1996. The purpose of-the funds is to purchase equipment (with the exception of surveillance cameras, refrigerator, microwave, and mace) and complete renovations on the day reporting center. Please refer to t}ie attached page for the budgeted amount for each category. I request that you reduce the quantities of equipment purchased to stay within this budget. In spite of the sometimes daunting nature of this endeavor to create a statewide framework for community-based corrections, the local advisory boards have continued to put forth a great deal , ;, of ef~'ort, which is an inspiration to me and to-the Partnership sea~ff. Nancy and I are looking- .. ~" forward to seeiug.the many and varied plans come~t~o life over the next few months. , Congratulations again otr a job well done: 'Please call Nancy or me if you have any~questions or~ '. comments. _ ..: . .. ~:. With kind regards, _ ... _. __ _ . ..... LJ .: '± _ .. _ ... Sincerely, ~ , - ' Franklin Freeman ~~ _ r~~°~ • ')r~ 6 Andrew Atkinson~~Deputy County Manager`s Margaret Stargill, Coastal Horizons = ~" •.~ _ .fin f~:yeu! Oppnrnrnit~• `.~ffirm~ricc.~erion Fmploprr t t 0 r r a r t t t New Hanover CJPP Discretionary Grant Award Budget FY 95-96 (January 1, 1996 -June 30, 1996) . Personnel 0 Contractual 0 Travel 0 Operating 0 Equipment 26 7~0 Construction 10.000 TOTAL 36.720 NORTH CAROLINA DEPARTMENT OF CORRECTION CRIl~~IINAL JUSTICE PARTNERSffiP PROGRA.NI ~~ _ Mailing address: PO Box 29540, Raleigh, North Carolina 27626-0540, (919) 715-2635 Ovomight mail address: 214 West Jones Street, North Carolina 27603 DISCRETIONARY GRANT AWARD Effective Date: Grantee: New Hanover County Authorizing Official: Name: Andrew J. Atkinson Title Deputy Manager Address: 320 Chestnut Street,~Room 502 Wilmington, NC 28401 Grant Period: January 1, 1996 -June 30, .1996 TOTAL BUDGET AUTHORIZED: $36,720 In accordance with the provisions of NC GS 143B-273 and on the basis of the Grantee's Criminal Justice Partnership and application for discretionary funds, the Department of Correction hereby. awards to the foregoing Grantee an award in the amount above. tore of Executive Director Signature of Authorizing County Official C " .Justice Partnership Program Nancy C. Lowe Typed Na e of Executive Director, CJPP / 9 ~' Date --A~JDREW •1. ~TK.In1S0~/ Typed Name of County Authorizing Official ~-s~9 ~ Date This Award is subject to the attached Grant Award Contract and !- Conditions. 118 t STANDARD GRANT CONTRACT AND CONDTTIONS (Lnpiementation and Discretionary Funds) North Carolina Department of Correction Criminal Justice Partnership Program THIS GRANT AWARD CONTRACT is made and entered into this the FIRST day of October 1995, betveen the North Carolina Department of Correction Criminal Justice Partnership Program, Grantor, and. New Aanover county(ies), Grantee. WHEREAS, the Grantor desires to award the Grantee a Criminal Justice Partnership Program grant, and the Grantee desires to accepC said grant, upon the terms and conditions hereinafter set forth: NOW, THEREFORE, IT IS MUTUALLY agreed as follows: L The Grantor pursuant to the NC G.S. § 143 B hereby awards a Criminal Justice Partnership Program grant in the amount of 36 720 for the grant period of January 1, 1996, -June 30, 1996, to become effective as set forth below. II. The Applicant/Grantee covenants and agrees that a grant received as a result of submission of a North Carolina Department of Correction Criminal Justice Partnership Program plan and application shall be subject to and incorporate the following conditions, rules, regulations, and policies of the North Carolina Department of Correction Criminal Justice Partnership Program (CJPP). The Grantee shall include provisions appropriate to carry out the purposes of these conditions in all contracts of employment, consultant's agreements, and contracts issued under an approved application. This contract may not be amended or altered without the written consent of both parties. IIL Applicable Rules/Regulations A. Non-Supplanting Stipulation: The Grantee agrees that funds paid pursuant to this contract will not be used to supplant or replace federal, state or local funds otherwise available for related criminal justice activities. B. Fiscal Regulations: The fiscal administration of grants shall be subject to such further rules,. regulations, and policies concerning accounting and records, payment of. funds, cost allowability, submission of financial reports, etc., as may be prescribed by the North Carolina Department of Correction Criminal Justice Partnership Program consistent with the purposes and authorizations ofNG G.S.§143 B. It is the firrther responsibility of au .Grantees to be aware of ali rules, regulations; laws and policies of the North Carolina ~~: 1 119.. ~ . f- ~ ~ r ~i 1 t. - .! ~ ~ - ." r Y - ~ ~ ~ a.. ~~, ~- -- Department of Correction Criminal Justice Partnership Program, now existing or hereafter promulgated or~amended, pertaining to the administration ofprograms and projects funded by the North Carolina Department of Correction Criminal Justice Partnership f Program. C. Audit and Inspection: The Grantee agrees to conduct an annual audit of the North Carolina Department of Correction CJPP-funded project and submit a copy to the Office of State Auditor and to the North Carolina Department of Correction Criminal Justice Partnership Program. This annual audit requirement is satisfied if the CJPP-funded program is part of the Grantee's annual single audit. The North Carolina Department of Correction Criminal Justice Partnership Program, and the State Auditor's office, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records that pertain to this project. If as a result of inspection of the audit, any project expenditure is disallowed, the North Carolina Department of Correction Criminal Justice Partnership Program may in its sole discretion reduce the amount of the grant award by the amount disallowed. D. Reporting Requirements: The Grantee agrees to submit financial reports, monitoring/evaluation reports and/or information as required by the North Carolina Department of Correction Criminal Justice Partnership Program_ The Grantee agrees to provide regular progress reports according to the schedule set by the North Carolina Department of Correction Criminal Justice Partnership Program. Within thirty days after the end of the annual grant period, a progress report must be filed with the North Carolina Department of Correction Criminal Justice Partnership Program. Upon receipt, final payment will be issued to the county or multi-county. E. Release of Information: All non-client records, papers, and other documents kept by the Grantee and any contracts under the grant relating to the receipt and disposition of the North Carolina Department of Correction Criminal Justice Partnership Program funds are required to be made available under the terms and conditions of applicable state regulations. These records must be kept on file for three years following the close of each annual grant period. F. Assignment of Interest: The Grantee shall not assign any interest in this grant agreement and shall not transfer any interest, whether by assignment or novation, without the prior written consent of the Grantor thereof except as specified herein.` ~ " G. Criminal Penalties: Whoever embezzles, willfully misapplies, steals or obtains by fraud any funds, assets, or property from a grant, whether received directly or indirectly from the North Carolina Department of Correction Criminal Justice Partnership Program, shall be subject to prosecution under applicable law. Whoever knowingly and willfully falsifies or conceals any material fact in any application for assistance submitted pursuant to the 121 Criminal Justice Partnership Act or in any record required to be maintained pursuant to this contract, shall .also be subject to prosecution. ~ - H. Continuation Funding: The Crrantee understands that the awarding of any North Carolina Department of Corrections Criminal Justice Partnership Program grant in no way assures or implies continuation of funding beyond the project duration indicated on the' • grant contract. ~ ' •L Third Party.Participatioq A contract or agreement maybe entered into by the . Grantee for execution of North Carolina Department of Correction Criminal Justice Partnership Program project/program activities or provision ofservices to a North Carolina Department of.Correction Criminal Justice Partnership Program.grant project which are incorporated in the_approved application.' ;Any such arrangements shall provide that the Grantee will retain ultimate control and responsibility for the project and that the contractor shall be bound by these conditions as well.as the. Grantee. In any case, where the Grantee enters into a contract with thirdparties, and'when such contracts are not contrary to law, the North Carolina Department, of Correction Criminal Justice Partnership Program shall not be obligated or liable for any breach of contract or other action in law to any party other.than the original Grantee. The Grantee shall provide to the North P of conltracnt do uments f rCior to the ex enditure of 1 rant f naship ,Program- one copy p p g u s. ~:~ • .. J. Waiver: It is agreed that the Grantor's failure. to .insist. upon the strict performance of any provision of this application or to exercise any right based' upon a breach'thereo~ or the acceptance of any performance during such a breach, shall not constitute a waiver of any rights assigned to the Grantor under this application. K. Title to Property: The title to property acquired in whole or in part with grant fluids in accordance with an approved budget shall vest in the Grantee, subject to divestment at the option of the North Carolina Department of Correction Criminal Justice Pa•rtnership~ Program where its .use for project purposes is discontinued. Grantees should exercise due caution in the use, maintenance, protection, and preservation of sucfi~property during the period of project use. IV. Operational Procedures A. Implecuentation of Project Within Sixty days: The Grantee.agrees to implement North Carolina Department.of Correction Criminal Justice Partnership Program ,projects within sixty days following the grant contract. effective date; except as provided below or be subject to automatic cancellation of the grant. A thirty day extension maybe authorized if requested and justified in writing during the inifial sixty day period.. .. .. , .. 122 ~r =~ B. Accounting Requirements: Grantee agrees to record all project costs following generaIIy accepted fund accounting procedures. A separate account number or cost recording system must separate all project costs from the Grantee's other or general expenditures. Adequate documentation for all project costs, must be maintained. Such financial records and supporting documentation must be retained and available for ~- audit purposes for three years. Adequate documentation is defined as follows for each major budget category: 1. Personnel: Documentation must include time and attendance records, payroll periods, payment rate and a brief description of theyservice(s) provided. Time Reports must be signed by the employee and supervisor. This requirement applies to all North Carolina Department of Correction Criminal Justice Partnership Program project personnel paid from grant funds. 2. Contractual Services: For individual contractual service providers, documentation must include time and attendance reports showing time period, payment rate, hours per' day and service(s) provided. Documentation must be signed .by the contractuaLserviceprovrder and the project director. In case of organizations performinig professional services, documentation must include a detailed billing indicating services performed or products delivered, payment rate consistent with contractual agreement, and approval by the.project director. 3. Travel: Documentation must be detailed, to include date, destination, round trip mileage, reason for travel, and itemization of expenses. Receipts for parking, tuition, registration, and lodging are required. Expense vouchers will include.the signature of the employee and supervisor. ; F 4. Supplies and Other Operating Expenses and Equipment: Documentation must include purchase order authorization, audited vendor invoices approved by ~1 the.project director (and other higher authorizing official, if appropriate). The Grantee further agrees to maintain a current inventory of all project equipment. S. Construction and Renovation: Documentation must include contracts for services, payment rate consistent with contractual arrangement, construction supply costs and invoices, architectural plans (if appropriate), dates for start and completion ` of projects, detailed billin to indicate services eiformed and/or delivered AND g P necessary approvals by project director. Payment of rent shall not be made on facilities constructed, renovated or acquired with CJPP grant fiords without prior ,:written approval from CJPP. _ . •.,_.. ~ _ \ C: Payment and Utilization of Funds: Funds awarded are to'be expended only fore . purposes and activities.covered by the Grantee's approved project plan and budget. _ .~ 4 123 .~- Project funds may not be expended prior to the grant contract effective date. 'Project fiinds disbursement is subject to completion of conditions set forth as a~ch~echlist in the award letter. -This checklist of conditions is incorporated hiy'Yeference and made a part hereof Project funds will be made available througha reimbursement procedure as provided 6y the North Carolina Department of Correction Criminal Justice Partnership Program policy'and procedure.~~ At no time shall the Grantee request or have on hand funds in excess of the amount necessary for expenditure within the ne~rt ninety days. No payment of funds shall be made to Grantee during any period of time~within which the Grantee is in default on filing. any informationa'1'or financial reports required by-the North Carolina"'Department'of Correction Criminal Justice rj~' ' ~ Partnership Prograru..The balance ofgrant funds remaining "after the .completion of a t._., project as authorized in the~approved application will automatically revert to the North Carolina Department of Correction Criminal Justice Partnership Program account for ' unrestricted reallocation by the North Carolina Department of Correction Criminal Justice Partnership Program as provided for,in the Criminal Justice Partnership,Act. _. `~ D. Grart Adjustment: The;Grantee must obtain prior written approval efrom the North Carolina. Department of Correction Criminal Justice Partnership Program for ma'or ro'ect chan.'es. These include, buf are not limited to ~the~ followin a J 1? J g, g~ () ~ "changes of ubstance m project activities, d`e`signs, or research plans set forth in 'the R;~. approved application; (gib) .changes or~deviations which might alter the project scope or intent; (c) changes in the project director and/or hey professional personnel identified in the approved application; (d) changes,in the approved, budget with the exception of those changes permitted"in,accordance ,with provisions cited later in~ths section, and:{{{e) changes in the length ofthe grant:penod.' Requests for grant adjustments are to lie submitted ~~ on the Grant~Adj~ustmenf Request Form. Equipment not`included in'the approved budget may :not be purchased wi't'houf prior approval of the North Carolina Department. of Correction Criminal Justic + ; e Partnership Program. . The Grantee may deviate from quantities of egwpment hems in the approved budget as long as the total dollar amount `of the'equipment budget;is not exceeded, provided written notification is submitted to the Norfli'`Carolina Department of Correction Criminal Justice Partnership Program prior to purchase. This notification should be maintained in the ro'ect file "'~ ~ ~ ~ `' ~ ' ~ ~~ p ~ by both the North Carolina Department of Correction Cnmmal Justice Partnership Program and the Grantee.. In'changing the approved budget, the Grantee may not. transfer a cumulatrve'total of more `than. $2 500.00 m the ,course of a.grant,year, between or among-the major budget categories, without priiir approval of ih'e-North Carolina Dtepartment of Correction Criminal Justice .Partnership Program. - ~ ' Budget changes may not be made in the fina145 days of the annual grant period, and requests for approval of budget changes shall be made in tune to allow five working days !q"~` for staff review and consideration. ~ Transfers not "requiring approval must be reported in L.._ regularly required financial~reporfs. Grantees may not add to tlie'specified equipment list 124 0 f!i ,~_ .without prior approval of the North Carolina Department of Correction Criminal Justice ~"~ Partnership Program. E. Procurement Standards and Procedures: Grantees shall meet the minimum ~, requirements for procurement standards and procedures contained in State law as further limited in this paragraph. All procurement shall be accomplished by obtaining adequate and effective competition to the maximum practicable extent consistent ' .with the value and specification of supplies and services to be produced. Publicly advertised procurement with sealed bids and public openings shall be the preferred method. A system of contract administration shall be maintained to assure the following: (1) contractor conformity with the terms, conditions, and specifications of the contract purchase order and (2) adequate follow up of all deliveries. The Grantee must maintain procurement records which provide documentation of procurement action including the ;~ justification for sole or single source or the negotiated method of procurement. The "cost plus a percentage of cost" method of contracting shall not be used. F. Letting of Purchase Contracts: All purchases of furniture, fixtures, equipment, materials and supplies for the project described in the approved application shall be made at the lowest possible reasonable price. The Grantee agrees to adhere to the following requirements in making such purchases: (a) when the purchase will require more than $1,000 but less than $2,500, informal bids shall be awarded to the lowest responsible bidder, taking into consideration quality, performance and the time specified for performance; (b) all other purchases shall be made through the Grantee's normal commercial. purchasing procedures. The North Carolina Department of Correction Criminal Justice Partnership Program reserves the right to establish. the price or set the allowable cost value of any items acquired by the Grantee without compliance with these provisions. All new automobiles purchased with project funds must follow formal bid procedures. This procedure involves soliciting sealed bids from qualified sources of supply. The requirement is legally advertised and bids are opened in public. At least two responsible -bids must be received and the lowest bid must be accepted. V. Allowable/Non-allowable Costs ~ ~ ~. A. Allowable Costs: The allowability of costs incurred under any grant shall be determined in accordance with the general principles of allowability and standards set by the North ' Carolina Department of Correction Criminal Justice Partnership Program. If the allowability of an expenditure cannot be determined because records or.documentation are inadequate, the questionable. cost shall be disallowed. - B. Expenses Not allowable: The Grantees may not expend giant funds for the following: (a) items not part of the approved-budget; (b) purchase of land; (c) purchase of buildings or payment of real estate mortgages or taxes, unless specifically provided for in the grant agreement; (d) entertainment; (e) purchase of automobiles or other automotive vehicles 6 125. V u unless provided for in-the grant~a°r'eement; (f) construction unless specified~in~the grant agreement; or (g) indirect costs. ' C. Personnel: All ofthe'duties=and~'services rendered'or performed in the activity'ofthis project will be u'ndeY the Crrantee's'supervision; and all personnel engaged in'the woik shall~be fiilly'qualified and shall be authorised or permitted under federal; state, "and local law to perform such services. Salary and other compensation for personnel engaged in the work shall be based one established county personnel policies covering qualifications, job ' descriptions; and salaries for existing or'comparable positions: Personnel costs shall not ''b'e allowable as costs' to be financed in whole or~in part with this grant award,. unless the position or allowable cost thereof is specifically contained within the narrative portion. of the application and the approved budget and then only as to the cost therein designate~d`as approved. ~ - ' - a: ~- 2 D. Contracts for Professional Services:' With the exception of personal service contracts, written approval of the North Carolina Department of Correction Criminal Justice Partnership Program is required_to contract for'.seivices: The~Grantee assures-that in any CJPPprogram of project re'giiu-ing the procurement of contractual services of " organizations-the competitive bidding process will"be used'when'appropriate and practical and when required bylaw or by county policy: In'all cases'the Grantee should secure the most-cost-:effective manner ofproviding services. • - ~-~ Contracts should contain information about the scdpe and costs of services to be rendered and the minimum•numb~ei ofpersons~to be'served. 'The Grantee shall draft'service contracts accor`ding~to CJPP guidelines for proposed contracts, and th'e Grantee shall have the responsibility for`securing' from CJPP such'guidelinesbcfore entering into''contracts for services.. ~ ~ ~, _ ~ ~ . ~ ~ , 'A copy of the proposed contract must be`submitted to the Nortli Carolina Department of Correction Criminal 'Justice Partnership Program' for approval: Upon signing of said contract a dated copy will be submitted to the North Carolina Department of Correction Criminal Justice Partnership Program to be placed" in~the project fde and funds fore the contractual line item will be made available for ' •reunbursemenf purposes. ~ • ` E. Insurance and Indemnification:' Grant funds~may not be comnnitted for insurance or indertinification expenses'unless the grant budget` and application certifies that (a) "types and extent and cost of coverage will be in accordance with local government•policy'and sound business .practice and (b) costs will not be charged for contributions to a reserve for a self'insurance: program. ~ Grant funds may not be requested b'y the Grantee if any '`r~~~ ~ - 'expenditures are'~to be -made for insurance or'indemnification .eo'sts for~which-tfie"above 'certificatiori~cannot be made'unless complete details and;justification have been'subnutted 12 6~~ A 1 to the North Carolina Department of Correction Criminal Justice Partnership Program and prior approval has been granted. F. Rent/Lease of Space of Equipment:" All leases entered into for purposes of a funded project shall be made at the lowest reasonable prices. The Grantee may use its normal leasing procedures and space requirements for employees. The rental charge must be consistent with prevailing"rates in the area. G. Travel, Lodging and Subsistence: "Expenditures and allowable cost value for travel, lodging and subsistence shall not exceed the normal and usual amount allowable by the Grantee for such costs under rules and policies applicable to Grantee's official business. In the event that Grantee has no established rule, regulation, or policy regarding such e~cpenses, the maximum payment and allowable cost will be the current prevailing rates allowed for North Carolina state employees. Any deviation from the afore described expense allowances must be approved by the Grantor in writing. before being incurred. Prior approval by the North Carolina Department of Correction Criminal Justice Partnership Program is required for all out-of-state travel to be paid with grant funds. H. Equipment and Other Capital Expenditures: The Grantee hereby certifies that (a) no other equipment owned by the Grantee is available for the project; (b) grant funds will not be used to provide reimbursement for the purchase price of equipment; owned by the Grantee; (c) if equipment is used for purposes other than this project, the appropriate proration of costs to each activity involved will be effected; and (d) the cost of equipment purchased with Grantee funds will be reduced to the extent of resale/recovery value where. use of such equipment for carrying out the purposes of the grant project is discontinued (during the life of the project). Grant funds exceeding 520,000.00 may not be expended or committed for the acquisition of automatic data processing equipment, whether by outright purchase, rental purchase agreement, or by other method purchase without prior Grantor approval. . VL Grant Reduction/Termination of Grant ~~! A. Grant Reduction: In the event that any costs to be financed in whole or in part by funds for this grant are disallowed, the Grantor may, in its sole discretion: (a) reduce the amount of the giant by the amount of the cost that is disallowed; or (b) apply the amount of the" '~ " cost that is disallowed to some other cost of the ro am or ro'ect described in Condition " ~ " P.~ P J II C. The amount of any reduction in the grant award shall, in the discretion of the Grantor, be immediately recoverable from the Grantee by the Grantor if the grant award is ~` reduced due to disallowance of costs. ` ` 0 a g 127 s- ~ .. B. Grant Termination: ' .= a_ (1) This grant may be terminated or fund payments suspended by,the Secretary of,the,., North.Carolina Department of Correction where there is a failure to comply with the ~(~} terms and conditions~of the following. ` (a) the approved plan and application and attachments;` . _ (b) the grant award contract and specific conditions; ., (c) any state or federal law to which compliance is required; ~', (d) any policies of the North Carohna"Department of Correction Criminal ,. Justice Partnership Program; or` ~` . ,. Y: (e) an audit report wluch includes audit exceptions not answered to the ` ~ ~ satisfaction of the E~ecutrve, Director of the Criminal Justice' Partnership Programs ` ~ • ` : .. _ (~ • ~~ .. ~ ~f (2) Upon ouch. finding, the Executive Duector of the Criminal Justice Partnership, Pro~ramtshall~follow the'procedure''outlined mthe statue governing the program (NC _ ,. G.S. § 143B=272.8): VII. Employee Activities A. Conflict of Interest: No ;individual; public official; or employee of a state or unit of local government: to whic}i a Nortli'Carolina.Depaitnienf of Correction Criminal Justice Partnership Program funded project'is awarded'may participate in an admini"stra'tive' decision with respect to the'project if such a,decision can be expected fo result in any benefit or remuneration,~such as a royalty, commission, contingent fee, brokerag~e~fee, .,. ~ _ .~ dividend, or other benefits or income to himfher or any member of His/her immediate family. , ~ a _ . - . ~ _, ~ . B. Partisan Political Activity Prohibited: None ~of the ,funds, materials,. property, or services provided directly or indirectly under this grant shall be used 'for any partisan political activity, to further the election or defeat of any candidate for public otiice, or for - , publicity or propaganda purposes designed to support'or to defeat legislation pending " before any legislative body, VIIL Pr`oducts/lnrome''fr~om Grants ~ "T' ~ ' A. Copyrights. Where activities supported by this grant produce original books,. films, computer programs or other copyrightable material, the Grantee may copyright. such;~but the North Carolina Department of Correction Criminal Justice Partnership Program -- preserves aroyalty-free, non-exclusive and irrevocable Hcense to reproduce,'publish,~and use such materials, and to authorize others to do so. Any royalties received from copyrights and patents during the grant period shall be retained by the Grantee and incorporated into the grant budget. 128 9 t ~- B. Publications: The Grantee may publish, at its own expense, the results of grant activity without prior review by the North Carolina Department of Correction Criminal Justice Partnership Program provided that any publication (written, oral, or visual) contains an aclaiowledgment of the North Carolina Department of Correction Criminal Justice Partnership Program support. At least one copy of any such publication must be furnished to the North Carolina Department of Correction Criminal Justice Partnership Program, except as otherwise requested and approved. Publication of documents or reports with grant funds beyond quantities required to meet standard report requirements must be provided for in approved project plans or budgets or otherwise approved by the North Carolina Department of Correction Criminal Justice Partnership Program. C. Publication Statements: The Grantee agrees that any publication (written, visual, or audio, but excluding news releases, newsletter, and issue analyses) issued by the Grantee or by any subgrantee describing programs or projects funded in whole or in part with State funds, shall contain the following statement: "This project was supported by Grant # provided by the North Carolina Department of Correction Criminal Justice Partnership Program. Points of view or opinions contained within this document are those of the author and do not necessarily represent the official position or policies of the North Carolina Department of Correction ~' Criminal Justice Partnership Program." The Grantee also agrees that one copy of any such publication will be submitted to North Carolina Department of Correction Criminal Justice Partnership Program to be placed on file and distributed as appropriate to other potential Grantees or interested parties. The North Carolina Department of Correction Criminal Justice Partnership Program may waive the requirement for submission of any specific publication upon submission of a request providing justification from the Grantee. D. Project Income: All interest or other income earned by the Grantee with respect to grant funds or as a result of conduct of the grant project (sale of publications, client fees, registration fees, service charges on fees etc.) must be accounted for in program records. All income must be applied to project purpose in the approved budget or state funds must be reduced by the amount of project income. "~' E. Computerized system: If computer sofhvare is produced.under a grant, the Grantee agrees to make such available to North Carolina Department of Correction Criminal ,~` Justice Partnership Program for transfer to authorized users without cost other than directly associated with the transfer. Systems must be documented in sufficient detail to enable a competent data processing staffto adapt the system, or portions thereof; to usage. on a computer of similar size and configuration, of any manufacturer. The Grantee further agrees to ,provide complete copies of documentation to -the North ~f l0 129 _Carolina Department of Correcfion:Criminal Justice Partnership Program. Documentation will include but not be limited to system description, operation F instructions,, user instructions, program maintenance instruction, input forms, file description, report formats, program listings and flow charfs fo'r the system and programs. The Grantee agrees`that whenever possible all application programs-will be written in order~tfiat tliey maybe transferred readily to another authorised user. The Crrantee agrees to avail himself/herseli; to the~maximum ea~tent practicable, of computer software already o- y produced and available ~ , . "` .. ... F =: 3 z 1~3~0 ll ~., _ Budget :A.xnendxne~lt . C ...~... ~ r+ ;^ ~... ~ ..~w'lw.w~!nw -'~wyi+...e.~~~.....,..r... r...~~ ~nnwr ~....>•..«._....>r-ay..y..w ^~ -~.t... !c < ; DEPARTMENT.: BUDGET AMENDMENT# ~' Criminal Justice Partnership 96-0131 ADJUSTMENT: DEBIT: ~1 criminal Justice Partnership Criminal Justice Grant _$36,7,20 f~, Criminal Justice Partnership Other Improvements Capital Outlay 0 DATE• 2-5-96 CREDIT: $10,000 26,720 tom, EXPLANATION '~Ih To increase budget for Discretionary.~Grant awarded to the Criminal. m Justice Partnership Program. ... .Wi ~ . _ _ ~; ~ (~~~~~~~'. ~ ~~~ For Budget O(ticer's~ r ; cn report ~.... .A - -- ~ to Commissioners at nlx~u~r meet{ng (~ _ ~ '~ and enter to minutes. tN'~s~r~d J ti... ..r:~~ r~ ~ ~ To be approved by Commissioners. ~'~~~~2 ~ q ~ ~ ,~~~y`, To be entered into minutes. i e B ,~r~, ,11i B 0 0 REQUEST FOR BOARD ACTION ~_ Meeting Date: 02/05/96 _ Regular Item #: Consent Item #:10 Additional Item #: Department: MIS Presenter: Page Count In Agenda Package: Contact: Amy Akin _ _ _ Award of Bid#96-0241 for the purchase of a ROLM Telephone System Upgrade and the trade-in of surplus telephone equipment. . BRIEF SUMMARY: The formal bidding process. was followed to receive proposals for: 1. the purchase of a ROLM Telephone System Upgrade for the Administration buildings, the Social Services building, and the Health Department building 2. the sale as trade-in of: T~vo ROLM Phone Maiis (Release 3) Attached is a resolution awarding Bid#96-0241 to Carolina Telephone and Telegraph Company, the only responsible bidder, in the amount of $268,971.31. Item will be purchased through installment purchase financing with FUNB. Draft contract is attached for approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of resolution awarding Bid#96-0241 for a ROLM Telephone System upgrade for the Administration buildings, the Social Services building, and the Health Department building and the sale of surplus ROLM telephone equipment as a trade-in, Bid#96-0241 to Carolina Telephone and Telegraph Company, the only responsible bidder in the amount of $268,971.31. Recommend approval of attached draft contract. ederal S: State S: Money Is In Current Budget: Yes Budget Amendment Prepared: No County S: User Fees S: Other S: 26,8971.31 New Appropriation Request: No REVIEWED BY: LGL: FIN: BUD: HR: N/A AMALLETT Y MANAGER'S COMMENTS AND RECOMMEND Recommend approval. This item was previously discussed with the Board of Commissioners at the December 18, 1995 meeting. r ~~~A~~_ 2~5'.~~ X133 Refer to Office Vision Bulletin Board for Disposition RESOLUTION ~_ ~ ~ ~ OF THE ~ - BOARD OF COl11i~I[SSIONERS ' NEW HANOVER COUNTY WHEREAS, a(Zer due ad~•crtiscmcnt, bids «°ere received and publicly opened by the Finance Department r at 3:00 'p.m. on the 1 Gth day of January, 199G, at the County Administration Building, 320 Chestnut Street', } WiUnington, North Carolina, and the follo«~ng bid was received for a ROLM Telephone System upgrade for the ' Administration buildings, the Social• Services building, and'the Health Department building and the sale of , surplus ROLM telephone equipment as a trade-in, Bid # 9G-0241: _ Carolina Tclcphonc and Telegraph Company: ' `' ~ f Gross Price: '" ; ~ ~ $281,279.00 Less Trade=ln: ~ , . ROLM Phone Mail,(Relcase 3) . Serial,#173G33 ~. ~ $ G,153.84 ~ ' ` ROLM Phone Mail {Release 3) ' Serial # 1761 24 - ~~ ~ ~ ~ $ 6,153.8 Total Net Price: $268,971.31 AND WHEREAS, the M.[.S. Director, the Finance Director,. and the County Manager recommend that the contract be awardcti to Carolina Tclcphonc and ~Telcgraph Company • of Fayetteville, North Carolina, the only responsible bidder, in the amount of T~~•o Hundred Sixty-eight•Th'ousand Nine Hundred. Seventy-one Dollars and Thirty-one Cents {$268,971.31); `i AND WHEREAS, funds have been previously appropriated and arc now. in `or «111 be in subsequent years budget Account No. !'l0-420-4200-1000-5940 to cover this contract; 1'-Y _. .~ NOW, THEREFORE, BE IT RESOLVED by the Board oCCounty Commissioners of New Hanover County that the contract for a ROLM Tclcphonc System upgrade for the Administration buildings, the Social Services building, and the Health Department building and the sale of surplus ROLM telephone equipment as a. trade-in, Bid #.96-0241 be a~xardcd to Carolina Telephone and Telegraph Company of Fayetteville, North, Carolina in the amount of Two Hundred Sixty-eight ThousandNine Hundred Seventy-one,Dollars and Thirty-one Cents ($268,971.31); and that Qtie County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ,.: .., . - .. This 5th day of February, 199G: "" ' (SEAL). ,_ w_. .... .. __ `". ~~ .. ~ . _ M; .. ... , . .. Chairman, Board of County Commissioners ATTEST: ~P~ ~ ~~~ ,~~,~ ,,.~ ~ , ~ - . - 5 ~l~y~ the Board ~, - [~~AFT ~Ni ~- New Hanover County Contract # 9~- 0241. ~, - NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered .into this day of 1996, by .and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and CAROLINA TELEPHONE AND TELEGRAPH COMPANY, a North Carolina ~r corporation, hereinafter referred to as "Vendor". WITNES SETH: WHEREAS, County advertised for bids for ROLM Telephone System Upgrade, Bid # 96-0241, and bids were received and opened as required by law; and WHEREAS, after careful consideration of the bid proposal submitted by Vendor, the Board of Commissioners of New Hanover County has adopted a resolution authorizing the acceptance of .such bid proposal and the execution of a - `~• contract with Vendor covering the purchase, delivery, and installation of ROLM Telephone System Upgrade, according to Vendor's Bid Proposal. - NOW, THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, said parties covenant and agree as follows: 1. Exhibits to Contrary. The Bid Package, which includes n County's Technical Specifications, Invitation to Bid and Instructions to Bidders, marked -Exhibit. A; and Vendor's Bid Proposal, marked Exhibit B; are attached hereto "'~' 'and made a art of this contract as thou h full written herein. ~ - P g Y 135 ~~ ~- ~ ~ ~ ~ ~ New Hanover County Contract # 96 -x241 2. Disk of Loss.`~Risk of loss to County for the goods purchased shall ~~: remain with Vendor until the goods are delivered to County F.O.B. New Hanover County, Wilmington, North Carolina. 'v V ndor shall deliver and install all oods urchased b 3. Deli erv_ e g P Y County within sixty (60) consecutive calendar days after receipt of order. 4. Purchase Price. The total purchase price for scdd goods in the t~ U sum of Two Hundred Sixty-Eight Thousand Nine Hundred Seventy-One Dollars and shall be aid within thin 30) d s after recei t of the Thirty-One Cents ($268,971.31) p ty ( aY P goods, their installation, their acceptance by County and receipt of invoice. 5. lndemni~. Vendor shall indemnify and hold New Hanover (~ ds County, its agents and employees, harmless against any and all clauns, demon , causes of action, or other liability, including attorney fees, on account of personal _ _ injuries or death or on account of property damages arising out of or relating to the work to be performed by Vendor hereunder, resulting from the negligence of or the willful act or omission of Vendor his a ents, ,em to ees and subcontractors. g P Y 6. ' Insurance. Vendor 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, Vendor shall furnish County with certificates of all ~ insurance required ~ below. Cer-tificates shall indicate the type, amount, class of operations 13~~ 0 ~, m- New Hano~•er County Contract # 96 - A241 /~~ covered, effective date and expiration date of all policies, and shall contain the ,~ following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after thirty (30) days `~' written notice has been received b Coun ". Y t}' 8. Workers Compensation and Employers Liability..Insurance: Covering all of the Vendor'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 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 t e A contractor operations, contractual liability assumed-under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage.. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures. The. policy shall provide liability limits at least in the amount of $1,000,000 per occurrence, corribined single limits, applicable to claims due. to bodily injury and/or property ~, . damage. New Hanover County shall be named as an additional insured. under this . policy. 10. Automobile Liability Insurance. Cowering all owned, non-owned ~. and hired vehicles, providing liability limits at least in the amount of $1,000,000 per ..`.. _~ .~ 137 ~ . `~- ~ ~ "New Hanover County Contract # 96 -241 occurrence combined single limi#s applicable to claims due to bodily injury and/or ' property damage. 1`l. "Contractor's Installation Floater. Vendor4shall provide and masntcrin Property Installation Floateror appropriate insurance protecting~against loss or damage of the'equipment to be installed. Coverage shall~be written in the amount of one hundred percent (100%°) of ~t11e contract amount-arid shall remain in force until accepted by County. ~ The coverage shall be written in the name of Vendor and sfiall protect th'e County'as its interest's iriay appear. "'~ Vendor''shall be responsible for'aiy loss within the deductible applicable to this insurance. ' ~ The'coverage shall be written in the name of Vendor and County and shall protect the subcontractors as their interests may appear. .. _. ,,. " ~ ` 12: Default'and Termination: If Vendor materially );r'eaches any ones of the terms or conditi"ons contained"in this contract, 'County may terminate this . ~ . contract forthwith.- Upon termination, County may, without prejudice to an action`for damages or any~other remedy, enter into aQiother contrcictfor the completion of this " contract. County may deduct all cosfs°of completing the contract from any monies ' due or which may become due to Vendor. ~`' Y . .. 13. Non-Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this contractor to exercise any right based upon'a breach thereof, o'r the acceptance of cmy performance during~such 138 0 '~" New I3anover County Contract # 96 -241 breach, shall not constitute a waiver of any rights under this contract. 14. Subcontractors. Vendor shall be fully responsible for all negligent A v 0 acts and omissions of his or her subcontractors and of persons and organizations employed by them to the same extent that Vendor would be responsible for these acts and omissions. Nothing in the contract documents shall create any contractual relationship between County and any subcontractor or other person or organization having a direct contract with Vendor, nor shall it create any obligation on the part of County to pay any money due any such subcontractor or other person or organization, except as may otherwise be required by law. 1 S. Assignment. The parties mutually agree that this contract is not assignable and shall not be assigned by either party without the written consent of the other party and the surety to this contract: 16. Non-Discrimination. Vendor will- take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the project which is the subject of ' this contract because of age, race, creed, color, sex, age, disability or national origin:' To the extent applicable,. Vendor will comply with all provisions of Executive C+rder No. ~. 11246, the Civil Rights Acts .of 1964 (P.L. 88-352) and 1968 (P.L. 90-284), .and all : ~ ... . !!i applicable.Federal, State and_local laws, ordinances, rules; regulations, orders, .. __ '_::~a ;~ instructions, designations and other directives promulgated to prohibit ,. discriminations. Violation. of -this -provision,. after. notice, shall be a material breach of ~ 139 ~~ m- ~ ~ New Hanover County Contract # 96 -241 this agreement and may result, at County's option, in a termination' or suspension of this agreement in whole or in~, part.' ~ .. ~ . ' 17. Familiarity with Laws.: The Vendor specifically' acknowledges tlicit ~~ he has made,himself familiar with all Federal, State and local"laws; ordinances, rules and regulations,. including all Federal and=State Occupational Safety and Health"~Act~ (OSHA) requirements, -which may in any manner affect .those engaged or employed in the work of the :project, or the materials or. equipment-in or about' "such work; or in any ~ ` way affect the conduct of such work and agreesthat he, hisemployees; - "` subcontractors and suppliers will, at all times, comply`with~same: If the Vendor shall ~. discover any provisions: in the Contract Documents which are~contrary'to'or inconsistent with any such law ordinance, rule or regulation; he shall''~immediately' give notice thereof to the County in writing, identifying anyitems of~work affected, and - he shall not; proceed until he has received written direction from the County with respect to these iterns.~:If the Vendor performs contrary'to or'inconsistentlywith any ° ~` such law ordinance rule ~or regulation without giving such notice; he -shall bear. all ~ f m'` -~ costs which~area consequence of such-performance: ~ ' ` ~ ~ ' .z :»18. t'ces. All notices required' hereunder~to be sent to either party shall be sent, to the following designated -addresses, or` to 'such other address or "' ' ~ ,Al ~`` ' addresses as may hereafter'•be.designated'by~either party by mailing of written'notice ~'~ of such change of address, by. Certified Mail,' Refun~ Receipt Requested:. 140 . 1 1 1 0 e d i t 0 v 0 0 v a ~- New Hanover County Contract # 96 - X241 New Hanover County MIS Department Attn: Bill Clontz, Director 320 Chestnut Street Wilmington, NC 28401 To Vendor: Carolina Telephone and Telegraph Company Attn: Nancy Cooper P.O. Box 1630 Fayetteville, NC 28302 19. Independent Contractor. It is mutually understood and agreed that Vendor is an independent contractor and .not an agent of County, and as such, Vendor, his or her agents ,and employees shall not be entitled to ariy County employment benefits, such as, but not .limited to, vacation, sick leave, insurance, -. worker's .compensation, or pension or retirement benefits. 20. Interpretation. All of the terms and conditions contained in the contract documents shall be interpreted in accordance with the laws of the State of North Carolina. v ~ - 21. Entire Understanding. This contract constitutes the entire understanding of the parties and contains. all of the terms agreed upon with respect to the subjectmatter hereof. NoV modification or rescission of this contract shall be -~~ effective unless evidenced by a signed writing. - ~ ~ .-- .. s. ~; . IN WITNESS WHEREOF, the parties have caused the execution of this instrument, by authority duly given on the .day and year .first above written. - ~. NEW HANOVER COUNTY ~sEAL, 141 New Han-over County Contract # 96 - 0241 ' .; Robert G. Greer; Chairman ,Board of Commissioners ATTEST: ~ ' Clerk to the Board CAROLINA TELEPHONE AND TELEGRAPH COMPANY [CORPORATE SEAL] . „ ~ President ATTEST: Secretary .. This instrument has been pre- audited in the manner required by the Local Government Budget ~ ~ ` and Fiscal Control Act. Approved as to form: , CountyFinance Director `County Attorney NORTH CAROLINA NEW HANOVER COUNTY I, ~ , . ~ ~ ~ ' , a Notary Public of the State and County.{ aforesaid, certify that Lucie F. Harrell personally came before, me this day and.,,w 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 i(s ~Chairinan, sealed with its official seal and attesfed by herself as its Clerk. WITNESS my hand and official seal, this day of ,;. , 1996. ~ ~ _ , . ... ~ ~ - .~ ' .~ ~~ ~~ ~' ~ ` ~~ Notary-Public ~I~~nmission expires: 0 e v t s a u ~- New Hanover County Contract # 96 - D241 STATE OF COUNTY OF I, , a Notary Public of the State and County aforesaid, certify that personally came before me this day and. acknowledged that (s)he is Secretary of CAROLINA TELEPHONE AND TELEGRAPH COMPANY, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by :its President, ,sealed with its official seal and attested by herself as its Secretary. WITNESS my hand and official seal, this dny~ of~ ~, 1996. My commission e.~cpires: Notary Public 143 COUNTY OF NEW HANOVER, NORTH CAROLINA-' INVITATION TO BID ON _ ~. ROLM TELEPHONE SYSTEM UPGRADE ,,. , x~ Pursuant to Section 143-1.29, of,the General Statutes of North •Carolina; sealed•~proposals addressed•~ to Amy J. Akin, Purchasing Agent, New Hanover~County Finance Office, 320 •Chestnut-Street, Rooni;602,. Wilmington,.North Carolina 28401 and marked "BID FOR~ROLM TELEPHONE SYSTEM.,UPGRADE, BID ,# 96-0241" wili_be accepted-unfit 3:Oq. p:m. January;l6; 1996.- ~ - ,',. ~~` -. .., ~ ~ r Pursuant to section 160A-268 of the General Statutes of North Carolina, proposals. for the sale of `•-. two (2) ROLM Phone Mail Systems (Release 3) serial numbers 173633 and 176124 as a trade-in on the purchase ofthe ROLM Telephone System Upgrade;wi,ll be received as part;ofthe proposal for Bid # 96-0241. Equipment for sale-can be e:camined by appointment at New Hanover County M.LS:, 320 Chestnut Street, Wilmington, North Carolina. The bids will-be publicly opened and read immediately following the latest time for receipt of bids in the New Hanover County Administration'Building, 320 Chestnut Street, Room 601., Wilmington, North Carolina. Instructions for submitting bids and complete specifications may be obtained at the County Finance Office during regular office hours. The Board of County Commissioners of New Hanover County reserves the right to accept or reject any or all bids and to make the purchase which will be in the best interest of the County. Amy J. Akin Purchasing Agent New Hanover County Advertised: January 7, 1996 144 0 - INSTRUCTIONS TO BIDDERS -' NEW HANOVER COUNTY, NORTH CAROLINA BID~# 96-0241 ROLNI TELEPHONE SYSTEM UPGRADE New IIanover County Finance Office Attn: Amy Akin, Purchasing Agent 320 Chestnut Street, Room 602 Wilmington, NC 28401 Phone: (910)341-7190 Bid Deposit. Requirements No proposal will be considered or accepted by the County unless at the time of its filing the same shall be accompanied by cash or cashier's check on some bank or trust company insured by the Federal Deposit, Insurance Corporation in an amount equal to and not less than five .percent (5%) of the proposal. In lieu of making the cash deposit as provided, such. bidder may file a bid bond executed by a corporate surety licensed-under the laws of North Carolina to execute such bonds, conditioned that the surety will upon demand forthwith make a ent to Count as obli ee u on said P Ym Y g P bond if the bidder fails to execute the contract in accordance with the bid bond. This deposit shall be retained if the successful bidder fails to execute the contract within ten (10) days after the award or fails to give satisfactory surety.as required herein. Preparation and Submission of Bid Proposal . i Completion of Bid Form: Bids must be on bid proposal form contained in this bid package; the original and one copy required. Submitted with the original proposal form and copy shall be a complete set:of detailed specifications and manufacturer's warranty indicating compliance _ with these specifications. All prices and notations shall be written in ink or typed. ~ Changes or corrections made on the Bid must be initialed by the individual :signing the bid. No corrections wilt be permitted once bids have been opened. . z ~ ,. Required Specifications: Bidder shall submit as part of his proposal detailed specifications for the goods bidder proposes to furnish. Bidder's specifications shall be in strict accordance with the County's specifications. Any bid, which is not in strict accordance with the County's specifications must list each :exception. separately in a letter submittedas an attachment to the Bid Proposal. ~. Deviations: New Hanover County reserves the right to allow or disallow minor deviations or technicalities should the County deem it to be to the best interest of the County. New 0 I-1 of 6 145 ~- s 0 I~anover County shall be the sole judge of what info-be considered a minor deviation or technicality. ; ~ - ~, , : - ..,~ , Warranties: Bidder warrants that all goods famished shall'be free from all defects, and shall •conform in all respects to the technical specifications established by the County. Bidder shall submit manufacturers' warranties against defects in materials and workmanship covering the goods bid upon. _ If the County's specifications include a statement of the particular purpose fo'r which the goods will be used, the goods offered by bidder shall be fit for this purpose. Submission of Bid Proposal Bids must be in sealed envelopes properly marked "BID FOR ROLM TELEPHONE SYSTEM• •`~ UPGRADE, BID # 96-0241 ", and shall be addressed to County at the following address: • New Hanover County Finance Office .• ~ ~ -~ ' ' Attn: Amy,Akin, Purchasing Agent ... , .- ..: ~ .. .320. Chestnut Street, Room 602 ~ ~ r ~ - . -: . Wilmington, NC 2840.1 Condition of Goods ~ ~ .. ~ .:.. ~ ~ - All goods shall be new and in no case will used, reconditioned or obsolete parts be accepted. •+ Trade Secret Confidentiality All bid proposals received and. recorded at the bid: opening-are considered public record and available for public inspection..According General,-Statutes 132 - 1:2, trade secrets contained in a bid maybe kept confidential if the .bidder, at the time the bid is submitted; designates the-secret and requests that it be kept confidential: This right of privacy will be construed as narrowly as possible ao protect the interests of the vendor whi(e:attempting to maximize the availability ofinforrnation to the public. ' ,~ Time For Opening Bids Proposals w~l be ,opened promptly aiid read at the time and date set forth in the advertisement. Bidders or their authorized agents are invited to be present. Any bids received after the scheduled closing. time for ;the receipt of bids will not .be considered and will be returned to-the bidder, unopened. - ~ ~ ;, _ j ' .. ,,~, ; 146 >i-2 of 6 -- ~ . Withdrawal of Bids Bidders ma withdraw or withdraw and resubmit their bid at an ' Y y time pnor to .the cios~ng trme for receipt of bids. But no bid may be withdrawn after the scheduled closing time for receipt of bids for a period of sixty (60) days. - Award of Contract The award of any contract resulting from this bid will be .made to the lowest .responsible bidder, taking into consideration quality, performance and time specified in the proposal for the performance of the contract. New Hanover County reserves the right to add or delete quantities. Considerations in Award of Contract In determining the lowest responsible bid in accordance with G.S. 143-129, the Board of Commissioners will consider, among other factors: modern, accepted practices; engineering, design, efficiency and workmanship; maintenance costs; availability of service and parts inventory;' and performance (based on County's previous use of the same or similar equipment made by the manufacturer). . Federal Taxes ' .New Hanover County is exempt from and will not a Federal Excise Taxes or Trans ortation Tax P Y p es. North Carolina Sales Tax If bidder is required to charge North Carolina sales tax on bidder's sales, bidder shall not include it as part of the bid price. County will pay North Carolina sales tax over and above bid prices when invoiced. Price - .: a Bidder shall guarantee the prices quoted. against any increase for whatever delivery date is specified and contract period .required. _ .. Trade-Ins Goods listed by the County for trade-in, if any, may be examined by appointment. To make an D .appointment contact Bill Clontz, M.I.S. Director, at (910) 341-7197. Goods listed for trade-in are represented "as is" and' "where is". Such goods will be released to-the successful bidder in the same condition as when examined, excepting normal wear and tear. . { ° _ . I-3 of 6 .147 County t'eserves the right to retain goods listed for trade-in if it is deemed to be ~n the best interest. of the County. ~, Place of-Delivery - Goods shall be delivered F.O.B. New Hanover County, Wilmington, North Carolina and shall be complete and ready for use unless otherwise specified. Instruction in Use of Goods u The successful bidder shall be responsible for. instru_cting'County personnel"in "tfie proper use and maintenance of the goods. ~ - a Responsibility of Compliance With Legal Requirements ~ ~ ' The bidder's products, service and facilities shall be in fiall compliance with .any and. all applicable state, federal, local, .environmental and safety laws, regulations; 'ordinances 'and standards or any standards adopted by nationally recognized testing facilities regardless of whether or`not they are referred to in the bid' documents. ~ ~~ ~ ~ ~ '~ Indemnity Vendor 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 Vendor hereunder, resulting from the negligence of or the willful act or omission of ' Vendor, his agents, employees and subcontractors. Insurance .. ~ ~ _. Vendor 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. Certificates and Notice of Cancellation ~ ~ _ ~ . ~ ~ ' Before commencing work under this ,agreement,. Vendor shall furnish New Hanover 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. . .u statement: ~ .. . , , :... ~~"The insurance covered by'this certificate will not be'canceled or materially al"tered, except -~~` after (30) days written notice has been received by New Hanover County."' ~ r`M '~ 4, 8 - I-4 of 6 0 I i ~J `VorkergCompensation and Employers Liability Insurance Covering all of the Vendor'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 amount of $100,000/500,000/100,000. applicable to claims due to bodily injury by accident or disease. Commercial General Liability ~7 it Including coverage for independent contractor operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures. The policy shall provide liability limits at least~in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims due to .bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this, policy. Automobile Liability Insurance Covering all owned, non-owned and hired vehicles, providing 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. Contractor's Installation Floater n J u 0 Vendor shall provide and maintain Property Installation Floater or appropriate insurance protecting against loss or damage ofthe.equipment to be installed. Coverage shall be written in the amount of one hundred percent (100%) of the contract amount and shall remain in force until accepted by County. The coverage shall be written in the name of Vendor and shall protect-the County as its interests may appear. Vendor shall be responsible for any loss within the deductible applicable to this insurance. The coverage shall be written in the name of Vendor and County and shall protect the subcontractors as their interests may appear. Addendum The bid package constitutes the. entire set of bid instructions to the bidder. The County shall not be responsible for any other instructions, verbal or written, made by anyone. Any changes ao the specifications will. be in the form of an Addendum which will be mailed to all bidders who are listed with the Finance Office as having received the bid package. I-5 of 6 n Compliffnce With Bid Requirements Failure to comply with .these provisions orariy other. provisions of the General Statutes of North Carolina will result in~rejection of bid. ~ ~ ~ ~ , - Right To Reject Bids _ ': The County reserves the right to reject any or all bids. ~ ~ .. .~'~ 1~ '~ 5 O I-6 of 6 Rolm Telephone System Upgrade Bid Specification Number 96-0241 -- PROJECT OBJECTIVES New Hanover count wi y shes to upgrade the installed Rolm telephone and PhoneMail systems in the department of Social Services, the Administration Buildings and the Health Department. The purpose of these upgrades is to add trunk and PhoneMail capacities to existing Rolm PBX's along with inter-departmental networking functionality. The upgraded system shall possess the following capabilities in order to comply with-the specifications of this document. The upgraded systems shall be networked together using .high speed lines (T-1 or higher), the PhoneMail systems shall be consolidated into one system that is capable of handling the call volume anticipated by the county and there shall be capacity to handle growth in the call volumes projected for the next 10 years. The parts of the currently installed system that are no longer needed by the county shall be traded in and the price shall be reduced by the amount of the trade value. More specific information concerning the capabilities of the desired system is included in the following sections of this Bid specification. GENERAL REQUIREI\1ENTS OF BIDDER ' The selected vendor shall become completely familiar with the current Rolm PBX and PhoneMail systems that are installed in New Hanover county. That vendor shall utilize that . information to assume total responsibility for detailed system design, delivery, installation and integration of the upgraded Rolm systems. That vendor shall also be responsible for guaranteeing that all the performance requirements outlined in this Bid specification are achieved. Further, the county shall consider the selected vendor to be the sole point of contact with regard to contractual matters, including the performance of services and the payment of any and all charges resulting from contract obligations. The selected vendor shall be directly responsible for all of its subcontractors. The selected vendor shall designate a project manager who shall serve as the point of contact for the county and shall oversee the system ' implementation. Bidder shall quote the necessary hardware and software configuration to properly support the functions discussed herein. The selected vendor shall leave the county's premises in acceptable condition upon completion of work, repairing any damage and removing any waste or litter generated during installation. Prior to final selection, vendors may be required to submit additional information which the County may deem necessary to determine the vendor's qualifications to complete the work. TURN KEY PROPOSAL The quote shall be a complete "turn key" proposal that contains all costs including hardware, software, installation, training, communications, shipping, insurance and any other cost that will be encountered. The vendor must provide all of the above mentioned services and -New Hanover county will provide none of them. ~ -• _,_ _. 151 MIS Department T-1 Rolm Telephone System Upgrade Bid Specification Number 96-0241 VENDOR QUALIFICATIONS '. - _ • _.. Prior to award of;the contract; New Hanover County must be assured that the`selected vendor has all of the resources required to successfully meet all>the requirements of the contract. The vendor. shall fully outline in their bid response their ability to perform each of the requirements of this bid specification: Thus response must include,' but<is not limited to: Product Ex ~erieneg --.New Hanover County will select a vendor ~c7th~experience and resources relevant to the Rolm products.that are being upgraded.~To be eligible, a vendor must provide • supporting.documentation•(orgariization.cliarts, personnel resumes :and references) confirming the following required experience: ,. ,. _ ~ ~, .:. Vendor must have an adequate number of knowledgeable and well-trained staff that is certified in the Rolm product line to support the requirements of the county. Vendor must describe the level of training Ghat has been achieved by sales, technical support,. and maintenance staff. Vendor mustindicate the methods employed to provide continuing education for this staff. Vendor must describe how staff will be refreshed in their knowledge of new and changing technologies in order to insure the county does not invest in obsolete or inappropriate solutions. ~,, .. . _. ,., Support Experience -Vendor must describe their experience in providing sales and support service for comprehensive networked communications systems similar to the one being.proposed " by New Hanover county. Be specific. Provide the names, contacts, and phone numbers of at least two large _ corporate/governmentsccounts which are supported by the same staff as will support the county for reference purposes that demonstrate an ability to manage the prospective account. Describe experience with larger organizations, demonstrating an ability to deal with large orders;:deliveries, and installations. Include experience with detailed invoice and order reporting - . ,~ Technical xp rien g -Vendor must have swell-trained technical support staff for installation, maintenance, training, and trouble-shooting duties. Staff must be certified by Rolm for 152 MIS Department T-2 I~I ~f 0 e Rolm Telephone System Upgrade Bid Specification Number 96-0241 maintenance of this equipment. Describe the current level of installation, training, service and support experience possessed by the staff that will be assigned this project. If, during the evaluation process, the county is unable to assure itself of the vendor's ability to perform under the terms of this contract, county has the option of requesting from the vendor any information which county deems necessary to determine the vendor s performance capability, If such information is required, the vendor will be so notified and will be permitted five working days to submit the requested information. If the information submitted by the vendor, or available.from other sources, is insufficient to satisfy county as to the vendor's capabilities, Ne~v Hanover County may reject the bid and select the next lowest responsive bid from a responsible bidder. New Hanover Cotinty~ determination of the vendor's capabilities- for the Qurpoeec of thie Bid specification, shall fin 1 AUTHORIZED DEALER The vendor shall be authorized by Rolm Corporation to sell its products in New Hanover county. The vendor shall submit a letter from Rolm. stating that the vendor has that authority. In cases . where manufacturer's products are .supplied through distributors, the vendor shall provide Rolm's authorization for both themselves and the distributor. The vendor shall .provide a letter from Rolm that states that the vendor is authorized to provide a warranty service and a maintenance service for all the products that are to be used in this project. If asub-contractor is to be utilized to provide any of these services, the vendor shall provide a letter from Rolm stating that the proposed subcontractor is an authorized warranty service center for all products being proposed. Vendor shall provide a letter stating their intention to pass all manufacturer's warranties to the county plus any additional vendor warranties that they shall offer. Additional warranties shall be a factor in determining the lowest bidder. CUT OVER OF UPGRADED EQUIPMENT .. ~ r ~ _ Cut over of upgraded equipment-must not interfere with the normal working hours of the county departments. Normal hours of operation are 8:00 am to 5:00 pm Monday through Friday. Cut over must occur outside of these hours and the system must be functioning by the start of the next business day. All costs for this "out of hours" Cut over shall be included in the vendor's bid. .. Cut over date will be mutually agreed to in writing by New. Hanover county and the vendor. -' =.' ': :Rolm Telephone System Upgrade O Bld Speclficat(on Number 96-0241 TECHNICAL QUESTIONS ~ ." All technical questions arising from this Bid specification shall be directed in writing to: Personal Systems Support'1Vlanager 320 Chestnut Street ~ - ~ - ~ ' Room 419 - . ; . - .' .' ; ... . Wilmington, North Carolina 28401 FAX (919) 341-4040 , A1T~fechnical questions regarding the bid specification must be submitted to the county in writing by 4:00'pm, Thursday,. January 11;, 1996. A written response shall be prepared for all questions received and will be made available to all vendors by 12:00 noon, Friday, January. 12, 1996. If the vendors provide their fax numbers, the county will fax the question/answer , sheets to them. TECHNICAL SPECIFICATIONS The following specifications outline the upgrades. that are to be. made to the three PBX O and PhoneMail systems that are currently installed at the Health Department, the DSS department and the county Administration buildings. All equipment installed as part of this project must be new, without substitution, unless prior written consent is.obtained from'the county. ~ , , y , Health. Department -Upgrade the Rolm Model 10.9005.2 to a Rolm Mode140 9005.6 to provide ihter-departmental networking capabilities and to make this: switch - compatible with the switches at Administration and Social Services. All existing Rolm eri heral cards and tele hone I . ... P p p s sha I be re-used by the upgrade: Upgrade must include digital tone facilities (software, cards, CSU's) for 3 network . connections to include: _ ~ ~ . - .1 DOD T-1 ~ ... .. ~ -. ~ ~ . ~ . 1 corporate networking T-1 connection. ::~ r~.~ ~ ~ ~ ~ - Rolm PhoneMail must be upgraded to 44 channels, 85 Hours and relocated to the , Administration Building telephone room. After the relocation, the PhoneMail must provide all feature functionalities as if Rolm PhoneMail was existing on Health''' ' ~ ~ - Department and Social Services site. Social Services -Upgrade the existing Rolm Model 40 9004.4 to a Rolm Model 9005.6 ~ switch. Upgrade must include digital trunk facilities (software, cards, CSU's) for 4 154 . ~ ~ MiS Department T-4 Rolm Telephone System Upgrade B(d Speclficatlon Number 96-0241 networTc connections to include: 1 DID T-1 1 DOD T-1 2 Corporate Networking T-~ Existing Rolm PhoneMail Release 3 must be removed and atrade-in amount provided for this equipment. All existing Rolm peripheral cards and telephones must be re-used. Administration -Upgrade the existing Rolm Model 40 9004.4 to a Model 9005.6. Upgrade must include digital trunk facilities (software, cards, CSU's) for 5 network connections to include: 1 DFD T-1 '4 DOD T-1 3 Corporate Networking T-1 Existing Rolm PhoneMail Release 3 must be removed and atrade-in amount provided for this equipment. , . Rolm PhoneMail system from the Health Department to be upgraded, moved and re- installed in existing equipment room. System must provide all feature functionalities to _ a Administration, Health Department and Social Services Rolm switches through T-1 . networking for centralized PhoneMail. All existing Rolm peripheral cards and telephones must be re-used. OTHER REQUIREMENTS ~ ~ ~~ B It shall be the sole responsibility of the bidder to totally and completely satisfy all the requirements listed in this bid specification. Failure to meet these responsibilities to the complete satisfaction of New Hanover county shall constitute adequate grounds for ~ . _ , rejecting the bid. Should the accepted bid prove to be non-compliant with any provision" . ~_ contained in this bid specification, thaf shall be adequate grounds for termination of this . ~," contract. ~. .. 0 155 MIS Department T-5 - Vendor's Quote # COUNTY OF NEW HANOVER, NORTH CAROLIltiA BID PROPOSAL FOR~~I BID # 96-0241 - ROL1tiI TELEPHONE SYSTEti1 UPGRADE January 16, 1996; 3:00 p.m. I certify that this bid is made without prior understanding, agreement or connection with any corporation firm, or person submitting a bid for the same services and is in all respects fair and without collusion or fraud.. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences; and civil damage awards. I a;ree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the. bidder. Having carefully examined the Bid Package and Addendum, if any,~'~Vendor hereby proposes to furnish all labor, materials, equipment and supervision required to furnish and install the required ROLM Telephone Systerri Upgrade that are necessary to execute the functions and meet requirements detailed in the Technical Specifications for the Total Gross Price indicated below: ~ - TOTAL GROSS PRICE S 281.279.00 Less Trade=In Allowance for: ~ - ~ - ~ ~ - ' ROLM Phone Mail (Release 3) Seria1~173633 S : 6,153.84 ~` ~~ ROLM Phone Mail (Release 3) SerialT176124 S ::6,,153.85 r TOTAL NET PRICE - ~ - ~ S` 26$, 971.31 (Total Gross Price Less the Trade-in Allowances) ' ' "~ - - (THE S% BID DEPOSIT IS TO BE FIGURED ON THE TOTAL GROSS PRICE) . w Delivery: 60 days aRer receipt of purchase order. REQUIRED ATTACHMENTS TO PROPOSAL 1. Bidder shall itemize' all' items and services in detail with their respective-costs which are included in the bid proposal price and submit as an attachment to the bid proposal.- ' ,- 2. Bid Bond- - - - _ _, _, .~ . . ~ :~: _. 3. Vendor~Narrative Summarizing (see Pages T-2 and T-3):' ' Product Experience - Support Experience Technical Experience - 4. Letter(s) and Authorization(s) from ROLM (see Pages T-3) 5. Specifications of equipment - - 6. Copy of warranty 1/09/96. TUE 1J:5~ F~1 910 d3J 0_10 u.~R1iET1\G DEPT i d r n rm ti n ease check as appropriate and complete the items below; e Bidder is: ._.. _~ . . An Individual A Partnership betwo_n: A joint 'Venture consisting of: X A Corporation. organized under the laws of the State of North Carolina (List name of state appearing on the corporate seal and affix seal below where indicated.) ~u_o B Y~ ~ ~ ~ ~~a~as ~• We~4-~-,cye~ {name as above printed) TITLE: Vp-~jr~o~t~c~ COMPANY: Carvlino. (Llo.Dkone }-~clc ,-a.rti Con~~a~t~ ADDRESS: I ~l l l Ccz , i oc~.~e vavdC Wo,.k e~r~s -{- ~ N G ~~ Sg ? D P I .. ' TELE HONE: '`~ l~l SS~{~--900 ~AL- B BY A IF IDIS CORPOR~~TION 'W T': ~. _ ~ - - - $-3 of 3 157 ~~~ _-- . - ~®, Sprint Carolina Telephone O • ., ; z. -i'rirer's~TelepGone Number: _. '. .. - NEW HANOVER COUNTY - - • - WILMINGTON, NC BID # 96-0241 _ - ._ _ .. a. _~ _ . _r I-2 of 6 ~ - ., - _ Condition of Goods: Sprint Carolina Telephone takes exception to the statementahat all goods shall be new. Sprint Carolina Telephone is replacing New Hanover County Health Department's Rolm Mod 10 cabinet with a used Mod 40 cabinet and upgrading the software with new software. The Model 10 cabinet will become the property of Sprint Carolina Telephone. -I4of6 .. Insurance: Sprint Carolina Telephone is a qualified self-insurer under North Carolina law for Workers' Compensation.._A certificate from the North Carolina Department of Insurance is enclosed. ~ ' Contractor's Installation Floater: Sprint Carolina Telephone will provide a performance bond in the amount of 100% of the contract amount.. Project Objectives: Will comply. .: ~.. General Requirements of Bidder: Will comply. _ - Turn Key Proposal: Will comply. ~ ~'~~ '. _a 0 e t e t e a e e 0 0 t Vendor Qualifications Product Experience: See attached technicians resumes and Rolm Distributor Agreement. Support Experience: A. New Hanover County Offices, Wilmington, NC ` Bob Dayton 910 341-7431 Army Corp of Engineers, Wilmington, NC ,_ Larry Mitchell 910 251 B. Army Corp of Engineers Ordered Rolm reconfiguration with T-1 connection to-new. building across town.. Order was placed on 6/95 and installed 7/95. Reco~guration also included Phonemail. Authorized Dealer: See enclosed letter from Rolm. Cutover of Upgraded Equipment: Will comply. ~ ' ~ ~~ Warranty: Sprint Carolina Telephone will warranty all netiv equipment for 1 year after installation. All existing used equipment will remain under a maintenance contract. Z Technical Specifications Health Department: Will comply. Social Services: Will comply. Administration: Will comply. 159 ENG: WILLIAM ALSTON 1!9/96 9:31 AM ENGINEERING WORKSHEET NEW HANOVER COUNTY ~_ COMPLETE PROJECT ~ ' .. NANCY COOPER SALES PRICE UPGRADE SOCIAL SERVICES 551,590.00 UPGRADE TO 9005.6 ' '4 TI'S: 101Di1DOD/2 CORNET 'NOTE' NEEDS 30 DID, REMAINING 6 WILL BE COPPER TRUNKS UPGRADE ADMINISTRATION 5183,141.00 UPGRADE TO 9005.6 5 TI'S: 1DID/1DOD/3 CORNET 44 PT PHONEMAIL WITH 40HR NODE1,28HRS NODE 2,17HRS NODE3 . UPGRADE HEALTH DEPT. ... 546,548.00 TRADE MODEL,10 FOR USED MODEL 40 CABINET 3 TI'S 1 DID/1DOD/1 CORNET ~ - TOTAL SOLUTION 5281,279.00 r .., . :. LESS~~PHONEMAIL TRADE( BY FEB 5, 1996) , ~ ,~ 512,307.69 TRADE PROGRAM TERMINATED SEPT 30TH TOTAL 5268,971.31 THE INFORMATION CONTAINED HEREIN IS PROPRIETARY TO SPRINT CAROLINA TEL. AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY RECIPIENT NAMED ABOVE. ANY DISCLOSURE, COPYING, OR DISTRIBUTION IS STRICKLY PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION OF SPRINT CAROLINA TEL. , . ;:, .~ 160 . - 1 1 1 1 1 1 n 0 ENG; WILLIAM ALSTON ENGINEERING WORKSHEET NEW HANOVER COUNTY __ WILMINGTON/ SOCIAL SERVICES NANCY COOPER UPGRADE MODEL 40 TO 9005.6, ADD°CORNET NETWORKING, AND CONVERT ANALOG TRUNKS TO DIGITAL 1/11/96 2:48 PM SALES PRICE MAT.CODE MATERIAL QTY PER ITEM 99817A ROLM 9751 RECONFIG 1 538,320 WHICH INCLUDES: . UPGRADE TO 9005.6 CORNET 4 T1 DN CARDS(FOR DID/DOD/ 2 CORNE RPDN CARD, MOTHERBOARDS AND CP N/A MDF CABLES/TERM BLOCKS 3 S115 527181 ADTRAN CSU/POWER SUPPLY 4 S1,963 993THC 9005 CONFIG MANUAL 1 S78 993CPC CLI MANUAL 1 ~ S63 MATERIAL SUB-TOTAL: 540,540 LABOR E500S CBX 57,385 ESOOS T1 S2,215 TOTAL LABOR 59,600 RECONFIG CHARGE 51,450 QUOTE THIS PRICE"""""'"'"""""'""""'""' 551,590 THIS WORKSHEET DOES NOT INCLUDE ANY TAX ! THIS WORKSHEET DOES NOT INCLUDE STATION CONNECTIONS OR WIRING THE INFORMATION CONTAINED HEREIN IS PROPRIETARY TO SPRINT CAROLINA TEL. AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY RECIPIENT NAMED ABOVE. ANY DISCLOSURE, COPYING, OR DISTRIBUTION tS STRiCKLY PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION OF SPRINT CAROLINA TEL. a 161 9 I I i t i ENG: WILLIAM ALSTON . 1/11/96 2:44~PM e. ENGINEERING WORKSHEET v NEW HANOVER COUNTY •, ~ , µ __ WILMINGTON/ADMINISTRATION - NANCY COOPER -' UPGRADE TO 9005.6, CONVERT~ANALOG TRUNKS.TO DIGITAL(3), ADD CORNET, UPGRADE PHONEMAIL TO 44 CHANNELS,'AND CENTRALIZE PHONEMAIL . MAT.CODE ~ ~ MATERIAL QTY SALES PRICE PER ITEM 99817A ~ ROLM 9751 RECONFIG ~ ~ _ 1 542,103 ~ a WHLCH INCLUDES: ROLMNET, CORNET REMOVING ALL ANALOG TRUNKS 5 T1 DNS DID/DOD/CORNET 3 _ _ N/A UPGRADE 5.2 8 PTS TO 6.1 44 PTS t ~ '' ~ 5121,769 44597A MDF CABLESlTERM BLOCKS 8 _ - - . ~~' $308 ~` 527181 ADTRAN CSU/POWER SUPPLY 5 ~ `~°- ~ S2454 4 993THC .9005 CONFIG MANUAL ~ 1 _S78 ~., E993KFC PHONEMAIL INSTALL GUIDE 1 S12 ` E993KGC _ .PHONEMAIL SERVICE GUIDE ~ 1 ° '~ 512 SHIPPING OF OLD PHONEMAILS ' 1 ,. . ... ..1,231 '~ "' 993CPC CLI MANUAL 1 ;; S63 MATERIAL SUB-TOTAL: 5168,029 ~ ,. 'LABOR °. _ ..- ESOOS CBX ~ . , .. . S7,385 ESOOS PHONEMAIL ~ ~ 53,692 ;, ESOOS T1 ~, ' ~ 52,585 TOTAL LABOR - ~ S13,662 ;. . RECONFIG CHARGE .. 51,450 QUOTE THIS. PRICE .................... ....... ., .._ ,.51:83;1.41 ~°;; . ,. THIS WORKSHEET DOES.NOT INCLUDE ANY TAX l <. ~` .. , ., THIS WORKSHEET DOES NOT INCLUDE STATION CONNECTIONS 0R WIRING.. ~ _ THE INFORMATION CONTAINED HEREIN IS PROPRIETARY TO SPRINT CAROLINA TEL. AND IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY RECIPIENT NAMED ABOVE. ANY DISCLOSURE, COPYING, OR DISTRIBUTION IS STRICKLY PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION OF SPRINT CAROLINA TEL. ~s2 a ENG: WILLIAM ALSTON 1/11/96 2:45 PM ENGINEERING WORKSHEET NEW HANOVER COUNTY _ _- WILMINGTON/ HEALTH ..NANCY COOPER TRADE MODEL 10 WITH MODEL 40 (FOR CORNET), AND CONVERT ANALOG TO DIGITAL TRUNKS. (WE GET TO KEEP MODEL 10) SALES PRICE MAT.CODE MATERIAL QTY PER ITEM 99817A ROLM 9751 1 S25,269 WHICH INCLUDES: REMOVING CARDS FROM MODEL 10 AND INSTALL IN MODEL 40 N/A MDF CABLES/TERM BLOCKS 48 S1,846 993VGA T1 DN CARDS DID/DOD/CORNET 3 56,660 .527181 ADTRAN CSU/POWER SUPPLY 3 51,472 993CPC CLI MANUAL 9005 1 ~ 563 993CNC SERVICE GUIDE 9005 1 559 993CMC INSTALL GUIDE 9005 1 ~ 524 993THC CONFIG GUIDE 9005 1 578 MATERIAL SUB-TOTAL: S35,472 LABOR E500S CBX $9,231 ESOOS T1 51,846 TOTAL LABOR S11,077 QUOTE THIS PRICE"•••••""'"""""""•" "•••••""• $46,548 THIS WORKSHEET DOES NOT INCLUDE ANY TAX ! THIS WORKSHEET DOES NOT INCLUDE STATION CONNECTIONS OR WIRING.. THE INFORMATION CONTAINED HEREIN IS PROPRIETARY TO SPRINT CAROLINA TEL. AND :IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY RECIPIENT NAMED ABOVE. ANY DISCLOSURE, COPYING, OR DISTRIBUTION IS STRICKLY PROHIBITED WITHOUT PRIOR WRITTEN PERMISSION OF SPRINT CAROLINA TEL. ~.. .~ . ~. LC.1 ,. U ^ ~ ~ ~ .,~ ~,° ~ ~, ~Ill~s - 0 ~ ~ M ~_ ~ W ~ ~ ~o , o Q o ~ m~ 2 O :, a O a W N .~ -~ O E: X , 3 ° ~ z vI 0 ~ ~ ~ ~ ~=' H ~ ~ .,. ., o ;:;; z ~ O ._. ~ ~ ?a Q v , U . ,~v .. z z s 4. z a w v, ,,. ~~~~ -, ^~z. ~= ~ z ~~< -= z ' OpU , ~ 2 ~ a c 164 .. .. M N L'? t t 0 t 0 t r 0 e a a B REQUEST FOR .BOARD ACTION Meeting Date: 02/0/96 Regular Item #: Consent Item #: 11 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell .~ U tSJ C.l. l NCDOT Road Additions BRIEF SUMMARY: Adopt resolution(s) adding the following roads to the State Highway System: Indian Corn Trail and Tall Oaks Drive (Ratification) Whitted's Circle RECOMMENDED MOTION AND REQUESTED ACTIONS• Ratify the adoption of the resolution(s) H~UNUINU SOURCE• Federal $: State $: County S: ~ User Fees $: Other $: LMoney Is In Current Budget: IYew Appropriation Request: Budget Amendment Prepared; REVIEWED BY: -~ ..- LGL: FIN: BUD: HR: COUNTY MANAGER' COMMENTS AND RECOMMENDATIONS Adopt Resolutions. ~ ~~ ~ - ~`~3ao~8 ~~~kh~flrb~li~ ... . ~Q~~2~s - ~~ . ~~ ~ 165 Refer to Office Vision Bulletin Board for Disposition NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolina ,. • County of N~ w ~r4-NOV,~~' , Petition request for '(check one) 'Addition to State System (~ Paving ( ) Maintenance Improvement ( ) ~ • We the undersigned, being property owners on =N~t-a-~.-' ~o~-r~~-~+~ `~ T-4~1.. C~A-K 5 ~~2.~v ~ Describe or give local name or Secondary Roa Number in ~..J Nr~-~%ovC-~- County do hereby request ,the Division of Highways of the Department, of, Transportation to the above-described road. - ~ =~ ~ ~~ We further advise that the road requested to ~-o o i s ~ C~, 8~-. mi 1 es in length and at the present time there are 2L occupied homes located on the road and having entrances into the road. Finally, we agree to dedicate to the.Division of Highways aright-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and~to execute `sadright-of-way agreement forms that will be submitted to us by representatives of: the Di vi Sion of Highways. REMARKS Four copies of recorded subdivision plat enclosed if applicable • PROPERTY OWNERS - •• NAME MAILING ADDRESS TELEPHONE The Division of Highways should contact the first petitioner listed below:~• ~~--~~ /h-L~Z~. P.~,~o~ ~~~ c~w,-rJ< /~~-~,,~~ ice. c. ~~yz y ~;~_675 3Y~. I V~ _ ~ Il1UL7VL^.U U L-iJ ~~ . 2 4 sa Revised Form SR-1 (5-83) All previous forms obsolete „: ED. C C.' R~13 -.~/ .~ NORTH CAROLINA. STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Caroli J County of~p~~>_!„J'„J,n~/rt~c~ -- . Petition request for (check one). Addition to State System (~O Paving ( ) Maintenance Improvement ) ' We the undersigned, being property owners on ~ ~.~-~ S Describe or give local name or Secondary Roa Number in , /; ~ • .~~.L~ .County do ereby request the Division of Highways of the Department of Transportation to ~~c~' //~/,~_ ycE~~~~ ~C~~ ~~ the above-described road. We further advise that the road requested to ~~ i~,.~, "~~~~c~~is miles in length and at tfie present time there are j L~ oc upied homes 1oca~d on the road and having entrances into the road. Finally, we agree to dedicate to the Division of Highways a right-of-way of. the necessary width to construct the road to. the minimum construction standards required by the Division of Highways.This right-of-way will extend the entire length of tfi e road that is requested to be improved and will include the necessary areas. outside the right-of-way for cut and fill slopes and drainage. Also, we .agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement ;~ forms that will be submitted to us by representatives of the Division of Highways. °' REMARKS Four copies of recorded subdivision plat enclosed if applicable PROPERTY OWNERS ~{ The Division of Highways should contact the first petitioner listed below: `~ ~C-- l ~-~ ni~ ~ ~iV ,i ~~L~-r~+ / ~ I ~~ `~ l~G ~ ~ %~1 t f' /~~- /I'~ Tien . t`~r~...~ ~ ^ _. `/~~ Cr. ~~ /~ C~ 1~~ i ~ ~~s~~ ~ ~Ci ~~ - - NAME 1~7 Revised Form SR-1 (5-83) Al l previous forms obsolete ('j ~ !` ~~Ci~',i r~+ 2 MAILING ADDRESS X13-'~' ~~~~~ ~ 75~~~~ ~!~-Iy.< ~ . . ~~ TELEPHONE •• / ~ ~ _. ~~ ~ ~ ~~ ~~ ., ~_ ~L ,, r.: t~ ~ t / \ ' R ' G i j \\ n r.. - C ~1 W C l = y / •yfh J m _ _ ~~ . // „ `f J IQ y // ~ y t a~~ A•t., u u ~ / •o - ~ s / Y .' - I ~ .. ' { ~w„~ fa , '/ - QGF ~ ~~ 1 / / ~ o _ ~ > W o° Oi ep, ,,~ l j / ~ a zaY 3 Ca / Q ~RDEN PLP:E 4a 3 l i~ ~~. // ~ .. - NON ~N I I ~~/ <~ .. C a ~ 'Lao e ,, i , !•1 QT ~ [.. ~ ,' ~ ~ / .. ~ a f /~ a~ / ° ~1 r~ / , ~o '~ ~ ~ Q ~ ~' ]: a / 09 / .. .. .,..... . . .. .. . COQ _ ._ .. / ~ c4~ '.e y4 .. + O J t n •SK \ •q • 4 f' j 7~Cy~T 'IAN `\ MERM174GE R0. - o tJ _ t ' ; ~ !/ ... CFIV7ENV/.~ u . ~ a ..... _ 44h~*O ~,. a NORW000 pl. .. ,. _. f - ... r .~' .~ _~ , ~ -,. - ~ ~. O . .~ • ~ ~ ~ ~ ~ ~ ~ a i ', ~ , o wt: ////~ -.. g d~ n I- Q R0. i t v r 6 w < 7 ' ¢ ~. ••'. z ' ROCKY,III W ~ m / .. ~ R . ... _.. .,_ _ #. d ~. Fp' W - 40 ~? 4 r 40N0 OR in ~` r SN j 4 1' 4 J ~ ~$ y 4 • ti• ,i K „, ~ o . to FFci ~' k ~ ~ 6 : NI , - ~` Jr~a e~~ :rr ~~ r OOO IN. / R0. •a d J` m4 ~`Q?~ O r a ~~ CT ~~ e~ ~"} V ~ IL..~ 4 F` ~, 40 ~ - ~ u / ~ O Q 4 ~ 3 = g O RawO~TE 'r • RO. .~, 06K1E7 17•. ~ RO. it G~ ~ SIEMENS ~ROLM Communications New Hanover County c/o Finance Office t t i Q 1 1 1 1 1 1 320 Chesnut St. Wilmington, NC _28401-4091 Attn: Ms. AMY AKIN January 10, 1996 Reference: Bid Specification # 96-0241....Rolm Telephone System Upgrade Project Dear Amy: For the above referenced project and other procurements of Siemens Rolm Communication Products; Sprint Mid-Atlantic Telecom is our authorized distributor for New Hanover County., North Carolina. In addition, Sprint Mid-Atlantic is authorized to provide warranty service and maintenance services for our products within New Hanover County. , Thank you for the opportunity to provide Siemens Rolm Equipment. and Sofhvare to New Hanover County for this and other projects. Sincerely; GaryA.Cronenwett, IDM Accounts Mgr. c/o Siemens Rolm CoRnmunications 4921 Woodridge Dr. Youngsto}vn,OH 44515 cc: Ms. Nancy Cooper Sprint Mid-Atlantic PH: -216-793-5270 FAX: 216-270-0800 169 f Tlris page iiiteiitionally left blairk u r 1 1 1 1 0 REQUEST FOR BOARD ACTION Meeting Date: 02/0/96 -' Regular Item #: Consent Item #: 12 Additional Item #: Department: Human Relations Presenter: Bessie Funderburg .Page Count In Agenda Package: Contact: Anthony Wade SUBJECT.: Ratify new Human Relations Commissioner BRIEF SUMMARY: Mr. William Baugh is proposed as the Chamber of Commerce appointment to the New Hanover Human Relations Commission RECOMMENDED MOTION AND REQUESTED ACTIONS: ~Rati~ Mr. Baugh's .appointment to the Human Relations Commission ' N~UIVllIiVCT JVUK(:~: Federal $: State $: County $: User Fees $: Money Is In Current Budget: New Appropriation. Request: Budget Amendment Prepared: EVIEWED.BY: Other $: ~LGL: FIN: BUD: N/A CGRIFFIN HR: N/A AMALLETT GOUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Ratify appointment. ~w~ f ta- ~. ,~{~1 `~t?i~~~lnt Refer to Office Vision Bulletin Board for Disposition 171 t 9 1 1 1 E 1 1 A 0 REQUEST FOR BOARD ACTION Meeting Date: 02/0/96 -~ Regular Item #: Consent Item #: 13 Additional Item #: Department: Finance Presenter: Page Count In Agenda Package: Contact: Bruce T. Shell SUB.TECT: Report of Disposals of Personal Property in accordance with GS 160A-266(c) for the period of 07/01/95 through 12/31/95. .BRIEF SUMMARY: Report of Disposals of Personal Property in accordance with GS 160A-266(c) for the period of 07/01/95 through 12/31/9. RECOI\iMENDED MOTION AND REO,~ESTED ACTIONS: Request the Commissioners' acceptance of the Report of Disposals of Personal Property for the period of 07/O1/9~ through 12/31/95. FUNDING SOURCE: ~ederal S: State S: Money [s In Current Budget: Budget Amendment Prepared; County S: N/A - User Fees $: . New Appropriation Request: Other $: ~REVIEVVED BY: LGL: APP WCOPLEY FIN: APP BSHELL BUD: N/t1 CGRIFFIN HR: N/A AMALLETT Reconunend acceptance of epart. . . ~~~~~~L ~~j~16a~ 0 1~~~Jd~te '~s~~,~i'•' ~ ~"~ ...• Refer to Office Vision Bulletin Board for Disposition NEW HANOVER COUNTY _ INTER=OFFICE. ~ ~~ .. . ~.. _ ..~::. .... ......... _..... ..::.::>:::::....... .................ti......:.... ... .. , ~~ ~.~ ME MO• - z ., ~ ~. January 10, 1996 ~ ~ ~ ', TO: New Hanover County Board of, Commissioners ~, FROM: Bruce T. Shell y, Finance Directo~ /? J . RE:. Disposals of .Perso ~l Property, , . ~ ~ ; In accordance with GS 160A-266(c), I hereby submit my report to you detailing sales under this procedure for the period beginning July 1, 1995 through December 31, 1995. Item .Sold/Donated Estimated Sold Disposed Of To Value For Scrap Metal Southern Metals -- $ 124.92 Scrap Metal Southern Metals -- $ 8.50 Water Fountain B.J. Smith -- $ 10.00 Scrap Metal Southern Metals -- $ 66.60 Scrap Metal Southern Metals -- $, 1.22.83 Scrap Metal .Southern .Metals ~ $ 4:5....82: ~ . Scrap: Metal ; Southern Metals - -- ~ . $ 95.72 . Two 'Surplus 'Cages •' for Patrol Cars Navassa Police Dept. $100.00 `' Donation' Scrap Metal Container Recycling -- $ 109.10 Museum Exhibit Materials Kenneth L. Todd -- $ 150.00 Scrap Metal: Southern Metals -- $ 114.33 Scrap Metal Southern Metals -- $ 39.60 Tennis Table William Starkey -- $ 5.00 Scrap Tires Bowen Tire Co., Inca -- $ 150.00 Glass Waste Industries -- $ 219.80 Scrap Metal Southern Metals -- $ -21.:85 Scrap Metal _ "~ ,_ - Southern Metals _ _. , . -- ` ~ ' $ 109.23 Scrap Me al Southern Metals.. -- $ 4,g7.. •. Scrap Metal Container Recycling -- $ 113.70 Scrap Tires Bowen Tire Co., Inc. -- $ 50.00 Scrap Metai ~ ..~-..Container Recycling -- $ 138.45 -' ' Wicker Chair Karen Smith -- $. :8.00.'. Wicker Chair - .~ Cathy -Caldwell • -: r - ~ - -- . $• ~• 15.00 Photograph Cathy Caldwell -- $ 10.00 Scrap Metal Exide Corporation -- $ 129.00. Scrap Metal ~ ~- -•- - Southern -Metals - - - ~ • -- - -~ $ 55.81 Scrap Metals Southern .Metals ~ -- ~ $ 97.85 ' Scrap Tires ~~ -~ ~° Phillip Tedder .Garage" -- $ 100.00 '' Scrap Metal ~ .~.. . .Southern Metals ... ~ . -- ' ` $ ,, . 2.81 , Scrap Metal -• -~ Container Recyclin g " ' $- 141.05 Scrap Batteries Cappe Fear Recycl,ers ;~°t, $ .. ~ 'S3': T5 . ' Dictaphone Ru£h C. Funk -~ $60.00 $ 6.0..00 - °~' •~ ~ ~ ~ ~ ~ ~ ~ ~;. ~.. ~.. ~ 2 , 314.6 9 If~~,,yAAou should have any ques"tons, please let me know. ~f~tt cc: Alien O'Neal ' County Manager _ Budgef .A-.zxtendzx~ezlt DEPARTMENT: BUDGET AMENDMENT# Federal Forfeited Property 96-36 ADJUSTMENT: DEBIT: Federal Forfeited Property Federal Forfeited Property .$11,295 Federal Forfeited Property Supplies DATE• 2-5-96 CONSENT AGENDA FEBRUARY 5, 1996 _. ITEM N0. 14A CREDIT: $11,295 • ~~ ~ ~~ EXPLANATION . To increase budget for additional revenue received. Federal Forfeited Property funds are budgeted as received .a must be used for law enforcement activities as the Sheriff de necessary. ~~ ~~, ~. _ : ~ ~~~ 175 ` .M. 9 a ._ ~ _`, ~ For Bud et Officer's a rovai; then rc rt / to Commisstoncrs at next regular meeting ~~`~_2 ~ ~l0 ~~~ and enter to minutes. t•: f "~~// ""' ~To be approved by CommCuloncrs. ' , -~ .-. CONSENT AGENDA ~1X~gef .c~.~x1eI1C~zXle~lf FEBRUARYS, 1996 -- ITE~1 NO. •14B Q ~ •~ \ \ \ Y \ ~~ ~ ~ - `k'i'n M !\..~! rY M DEPARTMENT: BUDGET AMENDMENT, DATE: Controlled Substance Tax. 96-35 2-5=9>6 ~ -~ ADJUSTMENT• DEBIT• CREDIT: l~ Controlled Substance Tax :.. _ Controlled Substance Tax $675. - '~ Controlled Substance Tax r _ Supplies $675 - • • EXPLANATION • ~. ~. To increase budget for additional revenue•received. Controlled Substance„Tax funds :are budgeted as received and must 'be used f•or . law enforcement .activities. as t-he Sherif~•deems . . .~_ necessary°.= ... . ._ ., • ., ,,, , .x .. _. ., ,. .. _ • ~. ' 176 ~ • : . ~ S' - . , ~~~ l1~^ ~q ~ (~~)s~~ - ~~,,,,,,L,_,w,,,,~..~........ ~, -~-_.~~, For Budget O((icei s approval; then report to Commtsstoners at next regular meeting r`" ~ " and enter to minutes. ~ ' ~ ` To be approved by Commtastoners. • - T.l_ __~.....J t..... -._..._~ 1 •. Bud et Amendment ~ corrsENT AGENDA g FEBRUARY 5, 1996 /.T O%v/' ii/i ;~~.v•r,,i/i~.';'/~`/,<i"/,%%i/7i%~/r';izTnr iii:%~~U%/:%«,;z; i~r~%~:' ,Z~•,;"'/•;:'/'e'rr .•i.' iii"//'~'~%%"l%/% :~~// .~~/~72%.,, ] ~•}, r~'iiii i', %7i:%i///////~~/~////,i/~~i ~~/i i./iii/ii ~%ii// %!%/i%i~ii~~,/,i/~/ si~%/.•:%i%/,'/~:%i:/~/j///a///~i/~//~a~j~~~//////~//~~jj~/j~~%~~/~///~/// DEPARTMENT Non-Departmental/ Outside Agencies/ Economic & Physical Development AD.TUSTMENT Non-Departmental Contingencies _ Outside Ag n i s/ Economic & Ph,, s~ical Devel ment Cape Fear Resource Conservation & Devel t I opmen , nc. BUDGET AMENDMENT # EXPLANATION DATE 2/5/96 SR $1,000 To budget a contribution to Cape Fear Resource Conservation & Development, Inc., a non-profit agency that serves Brunswick, Columbus, New Hanover, and Pender counties.` The program serves as a catalyst for local people and civic-oriented groups to share knowledge and resources• in a collective way to attempt to solve common problems. The program offers aid in balancing environmental, economic, and social needs of our area. With approval of this budget amendment, the remaining balance in the General Fund Contingencies account will be $127,195. n ' - '- . _ .. _. ., ~ i., ~ ,,~._ ~ ~;~ ~. ~ ~5 } a~..,u d ~ ~ t , ~~~-+,~su~~?~. ~~~~ 2_ s ,9 ~~ 96-0116 DEBIT $1,000 Tor 13udbct OI'l iccr's .q~provul; thcn rcpart to Commissioncr~l ~~ r~.~,ular mecling and cnler in mina( ~ _ 1'o be approvcJ by Conunisxioncrs. 'ro be cntcrcJ into minutes. i R C D _- CAPE -FEAR RESOURCE COI~ISERVATION . .. .:.and' ~ .:. DEVELOPi~IENT,'INC. ~ . , . Brunswick • Columbus • New Hanover • Pender 'F .. First Union Building 201 N. Front Street, Suite 615 Wilmington, N.C. 28401 Telephone (910)763=6611 Fax (910)763-8989 Apri 1 10', 1995 Mr. Michael Allen O'Neal ~- ~ • County htanager ~ • 320 Chestnut Street Rm. 502 Dear Mr. O'Neal: 4 Our Resource Conservation & Development (RC&D) ins a 501(C)3 non- profit corporation: We serve Brunswick, Columbus, New Hanover~an`d Pender ,~CQ~p,a~ counties. The program serves as. a catalyst for local people and civic a~~~ oriented groups to share knowledge and resources in a collective way to l~t~ attempt to solve common problems: We offer aid in balancing environmental, economic and social needs of our area. ~ . The USDA-Natural Resources Conservation Service (NRCS) provides a grant to the RC&D Council for a full.-time Direc r art/time secretary and office space. Various circumstances have prevented us ro a secretary un it now. This brings me to my proposal. I have interviewed several persons interested in a part/time secretarial position. My selection. is Julie... Noel, part/time employee. in your "Keep America Beautiful Program." I pro- pose that the USDA-NRCS provide the county funds.;to hire Ms: Noel fors 20 .; hours per week. An agreement can be drafted,to make~it an annual .contract. I have. spoken to Nancy Pritchard (Julie's supervisor) about the potential. arrangement. She had no problems: Flexibility's key to making i't'work"well. With :this person (Julie. Noel) this arrangement could be very benefic'i•al to both organizati~ons~. Attached•is•an example of an agreement made with Chowan County. Use this as an ekample for~our proposal. Thank you for~your attention~and~consideration. 178 A nnn.n~nFir n~rro..7.,-,.Cnn . Sincerely,., .~ . ,~ Greg Walker ~- R C D CAPE FEAR RESOURCE CONSERVATION -_ and DEVELOPMENT, INC. Brunswick • Columbus • New Hanover • Pender First Union Building 201 N. Front Street, Suite 615 Wilmington, N.C. 28401 Telephone (910)763-6611 •. Fax (910)763-8989 ~ .. December 14, 1995 1 A v a a a a a a v Mr. Allen O'Neal New Hanover County Manager 320 Chestnut Street, Room 305 Wilmington, North Carolina 28401 Dear Mr. O'Neal: On behalf of the Board Members from New Hanover County, I respectfully request operating funds from New Hanover for 1995-1996.. Each member county has agreed to contribute $1,000.00 to Cape Fear RC&D, Inc. annually. Your support of our efforts are greatly appreciated. Please let me know if you .need. anything from me concerning this request. Sincerely, ~t/~ Greg lker ~ . Diractor GW/jn .. cc: E. L. Matthews Patrick Lowe Bill Farris Paul Foster ~~~~lVED ~~i~ii~l~'1';t.~lT(VE UFFI(;1 NE~V HA~UVE1t CO. 179 A non-profit organization. ,~pN VEq CO ° Robert G. Greer - . ~ ' ~ ~ - P f~f {ite of ~ ~ - - :. - ' - ~ ~`~~ y.~ ,. Chairman r.... ~ ~ - ° . .. Q~~XJr' - ~~~~ 1X~ `+'~~~t~~t " .. ~ Q E. L Mathews, Jr. . 9~F ~~POr Vice Chairmon - ~efII ~ZITLIIfTCr ~QUn.t~. ,. - O~HORiH~P '~ Sandra Barone Commissioner ~ - 32Q. hll~estnut ~fr¢ef- ~uum 305 ~ Wonda M. Copley . ~tl mingtuic; t~"urfl~ ltilurIIlinu 2`$4171-41743 = County Attorney William A. Caster Commissioner . ~ `c~Ielepljune (4 LQ~ 3:41-7:148 <, •:~ _ Allen O'Neal ;' ~ County Manager William E. sisson, Jr. - _ `~uX (J1Q~ 34'1-413Q -'~~ ;'~ Lucie F, Harrell Commissioner ' Clerk to the 8obrd " January 17, 1995 ~. Mr. Roy Lowe, Chairman ~ . - Cape Fear RC&D, Inc. ` 201 N. Front St., Suite 615 ~ ~' - - Wilmington, NC 28401 ~- SUBJECT: Designated Representative to RC&D Council ~} - Dear Mr. Lowe:~~ /~`'-~ ~ ~. ~ , . Due to the commitments required of me as a County Commissioner, it is not always possible that:I attend the Cape Fear.RC&D`Council:meetings:-, - _ ~ . , .. I would, therefore, like to designate Patrick Lowe to serve as my representative to the ' Cape Fear RC&D Council in my absence. •, As you.know, Patrick wor,,ked extensively on the development of the Cape Fear RC&D over the past several years and will continue to be a valuable resource for the group. I look forward to working with you and the other members of the Cape Fear RC&D Council on many of the important water quality and other projects planned for the coming year. • Sincerely, - . lC - n . ./ . L. Mathews, Jr. Vice Chairman '. {, _ "n~.:. 180 NEW HANOVER COUNTY _ INTER-OFFICE • TO: Matt Mathews; County Commissioner RC&D Council Member, ,New Hanover County ' FROM: Patrick Lowe, Asst. Planning Director DATE: June 1, 1994 SUBJECT: Resource Conservation and Development ~(RC&D) Area Authorized by the Secretary of Agriculture"for the Cape . Fear Region After years of hard work by a great many individuals, the Cape Fear Region :SRC&D Area has finally been approved by the U.S. Department of Agriculture. Congratulations are due everyone involved, but especially James Bellamy who initiated the effort in 1974 and saw it all the way, through to its approval in 1994, and to Wilson Spencer, District-Conservationist (SCS), who has served as acting RC&D Coordinator since 1991. The Soil Conservation .Service (SCS), which manages the RC&D •~ Program, has named Greg Walker as the first full-time RC&D .Coordinator for the Cape Fear Region. Greg will .serve as staff to the RC&D Council, providing administrative and technical support to help carry out local RC&D objectives. The County Planning Department helped to locate. office space ~~ _ in downtown Wilmington that would meet all the RC&D Council's -- needs. The RC&D Office will be located •in-the First Union National Bank Building, 201 N. Front Street, Suite 11O on the Mezzanine level. An Open House will be held in the near future so that everyone can meet. Greg, see the new office, and learn about projects that are underway. .. .. • .~ ~ I have enclosed some background information and a copy of the °° RC&D bylaws. If you have any questions 'or would like to go over anything regarding the Cape Fear Region RC&D in -more detail, please ~~ calf me at 341-71fi5 . • cc: Allen O'Neal ~~ Dave Weaver ,'- ~ _ v. , 181. . Resource Conservation and Development Program (RCD-11) The RCBD program provides technical and financial assistance to locally sponsored areas designated by the Secretary of Agriculture. The purpose is to accelerate conservation, development, and utilization of natural resources to improve the general level of.economic activity, .and, to enhance the.enyironment and standard of living in the _- authorized areas. .- • There are seven authorized RC~O areas in North Carolina ~ ~Y • Forty of the state's 100 counties are in RC8~.0 areas. • Each RC8~D area is managed by a council of Iota! citizens, with coordinator assistance from USDA I11h'1 'r .. 4 ~ ~ 1 • Local councils develop and carry out an aC.ion=oriented plan for~the social, economic, and <--ttl___ environmental betterment of their communities. • RC~O measures completed indude trout and aawfish production and marketing pro rams composting and recyding facilities, fish and wildlife development, farrriers' markets, g community recreation fadlities, anC many more. F • RC~D projects 'are rinancad throw h coo ~ative`a rtree 9 p~ g menu, grants, and cost sharing . assistance from federal, state and local funding. ~ - - • RC8~0 projects have contributed over. S130 million to local areas through economic ,develcpment of natural resources. •. RC~D.serves'as.a catalyst'to "makcthings happen." Budget Comparisons.(51,000) for the RC&D Program "' .~. _ Rational Bucket f~or!h Carolina AIIow_nce 1989 25,120 ~g 1990. 27,25 . ' ~ r 552 1991 .; .29,900 .. , . ., - 714 - : ~ . .~ .. New River. - ~ ~ ~ - - Mid• East :. .. . ,. ~ ~Highlands..RC~O~ ~, North Central IZC&D. -~ .. _ - .. . . Piedmont RC&D ... E:. , ' ~ Southwestern :~ ~ ; ' c,~~~~ a 1, ,' _ .~. ... - i Mountajn Valleys RC&D Region H _,~*,*, RCb~D CAP~AII; REGION RESOURCE CONSERVATION AND DEVELOPMENT PROJECT (RC & D) _Cane Feat . . xc~,n , ,`,~ ..,. ,tt ,, J '1 D _--~ 'L•/ -Brunswick -Columbus =New Hanover Albemarle -~ ~ ~-Fender RC&D -- The RC&D progra,:, was initiated in 1962 to develop, improve, a:d con- serve natural re sources and to provide employment and other ecoronic ,- opportunities to the people of approved areas. The strength of RC&D councils is in the commitment of.local people to solve their own problems. Critical to this commitment is their free- dor- to find the best sources of help wi thout outside review or approval. ' Councils made up of -re resentatives of P local sponsors are the primary means of progra.~n delivery in each RC&D area. _ These RC&D .councils are responsible for directing the program at the local level by combining a planning and implementation process which addresses local objectives. Much of the work and coordination is done by volunteers giving of themselves to better the area they live in. They seek to "make things happen" to enhance social, economic, and environmental conditior_s i~ rural areas by finding technical and financial assistance from a variety of sources. RC&D councils assist with natural resource development, reduce ch-tonic unemployment or underemployment, and improve economic activities and living standards. These are some of the products delivered or assisted in their delivery by RC&D area councils:, ~~ F?arbor facilities repaired. ' Water supply systems installed. • Irrigation water management systems studied. ,~' aural heal~h care reeds studied. - Forest :ranage:~e^t and products educators tired. • Market outlets for Stowers established. • Industries expanded. ~/ Market feasibility studied. • Natural resource education Drocrams established. For every dollar oL RC&D ~iaanc~.aT`assistance, there wzs $34 of finan- f cial assistance from other sources. For every dollar o~ RC&D techni- cal assistance, there was 1.2 dollars of technical assistance from other sources. i Baca RC&D area is directed by a council whose members represent an average of 20 local sponsors. These sponsors may include counties, _ towns, regional planning .groups, soil and water conservation dis- tricts, civic groups, and nonprofit organizations. There are over 4,660 RC&D council members natonwide,~an average of 24 members per RC&D.- Council members are local citizens such as farmers, ranchers, homemakers, bankers, local officials, environmentalists,, developers, and civic leaders. .~ - - There are 194 authorized RC&D areas includin 47.Yercent of the' g P Nation's counties. ~~. ~ ~ ~ ._ . _ - 183 ~: V ~ ~ .+ O V > x ~.E ~ ~~ c . ~', V r1 ,~ s E E. a° a O C -po ~ ~ Q. u ~ t7 ~ C C U a ~• 3 ~ V m -°•~ u c c u ~ C 'E ..u u v~ V a` c~ + a ' i V ~'~ .. 7 s3 N v/ - N . u .:' G L L .. v ~ C u ~, y C V°7 N -~ 7 L u ~ V C J .+ V C C C C V 3 V ~ Ol a N N V rf ~ J . ...~ u •~ b .,. V ~ V.. O.. m .D GO~~u w O .. °j x ~ • + . L 'C7 O v a u v u •C GO ~• C C. C V c3 . - » y c~ I ~ ~ u o c n.~ U .c c. 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C ~' C° m -V,. •>` v~ u u m O'~.~ o 'fl 0. V .= C~ N ~ c v O m e'7 C '" 's. w ~ ~ c E"~? A i m E•dp au. '3s c o `° c m c .~~ E mans ~ v ~ m~ m~ u .~ .+e •> r t.0 v v~ j N .Oi E a~~ m 3 m 'S7 O~ v~ G n~ L. ~- .e •N .N m °~ E 'i,~d~,~ .~ 'O ~`F~~...c`'U.,~'u o.m~,°,-+o °'"c•v~1~~°•v3 u» n•0 X L ~,, .C N C~ n u ~ a C N-• N •u A ., C V 4 m C :C or y O ~' a ~ m G V C ~EuUE~, c °'°--° "mUEKUO «>>. ;,?c? ~vu o h o` to E o c•~ 'a .c A~ •u «~ x r~ N u L u c~ u c •-• x u> ~ c c o >. n a « 2J > e c- .. ea a -° ._ u e u °' m o -. .c ' E L ~, ne u u .. ~ u U L° -' 'u > c o° •~ ~ Se .c o c u ~ `~ ~ ° u c o v U o ... u ... a. ., ~n ~ ~ N u o « E-• a eo r. ^ o ~ « u :. -. w .- k• « u ., C. _ ~- 3 AREA GOALS POR CAPE FEAR RC&U PROGRAM er unlit Cor all uses and im roved water management t; Sustauiablc high wat q y P ~, B- Improved area economy utilizing natural resources, land and' n,3ter recreational. opportunities, tourism, rural and community development ~ , GOr1L C Steadily improving educational opportunities for people of the Capc Fcar Region r ~ :. GOAL. D: Increasing visibility for the RC&D program ~~i f * ~~ f ~ ~--~ ..~ .. i .. 1 ~, ~~ ._ ,- ` `U 9 ,.: ~y, r - ~ - -: 186.. _. .- . , ~ Cooperative Extension, to discuss the possibilities on October 26. This ~~ idea could be a timely and much needed educational effort. New Hanover Futch Creek Water Quality Demonstration - The south channel has been completed. This represents approximately 1/3 of the dredging to be done in Futch Creek. The remaining north channel should be underway soon. Patrick and Paul are working with CAMA to re-evaluate the permit, as a suction dredge will be used on the north channel rather than the backhoe type excavation which was used on the south channel. Preliminary results are very optimistic as to the improved tidal flow. Our hats are off to Paul and Patrick on this project. Stormwater Management/Enhanced Wetlands - As you are aware, there is plenty of documentation that urban stormwater fe polluting our tidal ~~ creeks. It is very difficult to treat. Enhancing wetlands to utilize more nutrients is one way to potentially improve water quality. Patrick is coordinating this project which will utilize 750 grant funds from the Division of Soil and Water Conservation; just as the Futch Creek project did. On November 2, Patrick and I will meet with several specialists/engineers at the two project sites. ~Il. Nutrient Management (new proiect idea) - Along the same lines as the Stormwater Management project, I am pursuing project ideas to present some type of educational effort addressing nutrient management. This project could apply to Carolina.Beach Lake, Greenfield Lake, and Burnt Mill Pond. Each watershed is highly urbanized. This idea ie definitely in the development stage. Aquatic Vegetation Harvest (new proiect idea) - Have you been to Greenfield Lake or Burnt Mill Pond? They are loaded with Duckweed, algae,' Parrots feather, -and many more types of aquatic plants that bloom with excessive .nutrients. What are the possibilities of harvesting .. 'these plants and taking them outside the watershed for composting? This could reduce the amount of nutrients in the lakes and reduce the threat of eutrophication. I entertain this idea because I realize. that these watersheds will always have high nutrient loadings, which could be addressed by the above Nutrient Management project, but removing the plants periodically could 'help to reduce the accumulation problem. Z am looking into the economics'of this idea and .talking to folks that know about these lakes. Dr. Lawrence Cahoon,. Biologist at UNCW, has expressed interest and offered encouragement. Carolina Beach Water Quality Plan fnew proiect ideal - The lake at Carolina Beach is very unique. Dr. Cahoon has met with me and some of, j ~ the locale to discuss a possible plan for the Town to adopt. He has offered some interesting. ideae.r Opportunities abou nd for Cape Fear RC&D throughout the plan. Town Manager, Larry Lindsey, Town support for Dr. Cahoon's ideas. This could be is working to ass an interesting ess Q "] project. ~ (~ 0 Bud et Amendment CONSENT AGENDA g FEBRUARY 5, 1996 ~. ,,,,,,,,- ,„ „,,, 0.14D ... _ pEPARTMENT DUDGET AMENDMENT # DATE Parks .. 96-0105 .,, _ 2/5/96 ~. ADJUSTMENT, ~ AEBIT ~ • CREDIT ~t Parks Riverside Park $17;625 -~ Other Improvements ~ $17,625`•„ .. • _ 1 ` ~. .. V _ .. e. .. _ .. ~ .1 ' • 1 t - 'EXPLANATION - - -- .. - .. . _ _ a To budget" a grant awarded. to .the Parks Department-:for~_. Riverside .Park, Phase II.,.~ -.. ..., . _ .,. • ... U _ ~ ~ w ~ .. . _ ~ 5 1 Q Q Ytj117~Yj~„?~ °' ~ ~ ! ~•'~~'u"~~~~~ Por Budget OfGcc~'s approval; their report (~ (~ ('~, ; , 2 [) Y 4~~: I~/ to Commissioners al next regular inecting r~'~' ~~ ,._.., ., :. ~6. '1J and enter in minutes. . To be approved by Commissioners. To be entered into minutes. ' "' ~ CONSENT AGENDA : Budget Amendment FEBRUARY S, 1996 ;~, ITEM NO. 14E ~~:, ~r /i~iy/,%i~ii%r/~/i/,ii./i/i/,~' ~/,~i rri 'rill/ r„i„•. .,iioi~ ;/rar r <~~~rir r arr ~ // /~ /'/%/ ,,/, ,/ijrr//r/ u~r/~//fir/~%/~ G/., //. //,/~ j/~ r~/~//~~,; ~/./// ~~'> %i ~./, ~.%~/, /, j%'~/~ / 7/ //~/i/%r/%~ .., ~,~rlii/.%~%4/;C~L~/~i~/~/~i~i~ii%/%/„'i///j%r~%~~~//%~///~//%/r%i/~ijj/;/~:r/l ,;n, ...,,,:/.r~/i'~%/%/~~i % j/j/j////~i~//,~: ,~ DEPARTMENT BUDGET AMENDMENT # DATE 1 0 D 0 Health/Project Assist 96-0117 2/5/96 ADJUSTMENT DEBIT ~'REDi.'~ Health/Project Assist Contributions $2,000 Printing $1,000 Miscellaneous $1,000 To budget contributions for the "Commit to Quit" Project ($1,000 towards printing cost of 15,000 project brochures and $1,000 for grand prize winner). ~-- a~.~. . _ .2_ S q~ ~~ l and enter-n mmutes. To be approved by Commissioners. To be entered into minutes. For Budget Officer's p v then report to Commissioners at r~~~,r meeting .m 1 / 10/96 „ .. r . Lynda: . The $2,000 ($500 from Cape Fear Memoria{ Hospital, New Hanover Regional Medical Center, The Brunswick Hospital and Dosher Memorial Hospital) will be used for 1996 Commit to Quit. $1,000 of this money need to be put in 11:0-510-51 S 1-4100 (Printing) to help out with the cost of 15,000 Commit to Quit brochures and the other $1,000 needs to be put in 110-510- 5181-4800 (Miscellaneous) for the $1.,000 grand prize winner. I have not. received any paper work back from you on this. The checks were deposited 11/2, 1 I/7, 11/22 and the last $500 check from The Brunswick Hospital was deposited 11/28/95. If you have any questions, please call me. Pat Johnson F 190 ` THE BRUNS«'ICK HOSPIT ~.~. sox i tv suNrt.r:.v.c. ~.e.rb, aL SIC, '~J . i!! \~.l sa~~ G4s0~~~~~sac~14 ~ 059499 z---~ REF. .. ' 11`-~4-~5 ~ . ~*~'~'~'~5G0.00 ~**~~~*~~*~**~~~~'~'***~'*~*~'~`**~'~'~*******~FIVE HUNDRED C)0/100 DOLLARS PAY 70 THE ORDER OF PRC1J EC:T- ASSIST DENISE T 1-IC~UGHTGN ~ cC~2? S 17TH ST ~ '~ ~ ~ ~ r ~ WILMINGTGN ,~ ..•... .,_..__._.~. .. ~ NC .:. ~.4G1 Au,n«;: si~pature v ` r ...tii a r • ~ . , ,. ~ r ,S '. T}tE CHA$E MANHATTAN BANK SYRACUSE, NEW YORK - ~ ~ ~ ~ -. ~ ~ AutnorilcG $iSnaWre ~~'059499~~' ~:0 2 1 309 3 79~: 601~~~2~~~71356~~' ~~ i t ~ ~ • ~~.~ ,~; `~ ~~~~. ,~. .~. `f w i ~' ~.// } ~. 191 !. Art`~ur posher .e^~o; ial Ho<^~:al • e S;. ~._. oor., r~G 2° ~, ,_ ~---- ''~.ccc~'=~~,:. •.:n --- -= i Gcq; S AMOUNT ._._~. ____._________' `__ I I DI$OOUNT "~!~ DISCOUNT AMOUNT 1.1139'5 11/13/95 500.00 ~ ~ 500.00 I ( t t ~ I i' ~ .. ( .. ~ _ i ~ ~~ • .I ~ , . I t(. .~ :a I ~ I I ' t i _ I CF+ECri NO. 3~ 18 1 TOTALS 5 0.0.0 0 TOTALS _ 5 0 0. 0 0 • ..v.~.Y\Jk:/k./k:/v..JV<J~~_.~-,.1~'~./k:/f=./k.i~tY.%1r/].J1L~1kJ l_J1J.~k'./I.LY.yK.vtiilKl~C%Y:/4'.Y4::/Y~ItG7~ti~~~It1Li kJY:~i1G+tk'~i~i74y4`'.J{[.'1~~'J4'.)fi.]Iii:,74i_i1~Y1c_7'k.JV~IL`57pTJ6~IPair'9IFJ5+~__y~-S~,-~ r ~ ~ ~ ~ ~ ~ R 66.822 ¢J _ . , j ~ .. UNITED CAROLINA BANK, •O 3 21rV 1 STt .r 1 Sc~,wport, r<C 2Ae,t ~ .~ MEMORIAL HOSPLT,A.L. .... -_ 3.2181 ' • J..:r:hur Dosher t.!emorial Hospital • 924 Howe Street • Southport, N.C. 28461 • (919)' 457-5271 ~ w .. DATE AMOUNT ~[,\' x'~`*°'"w"rjQOOIaL!•.fiS M'~k*+~+~+kGG CENT, 03238 _ 1,1...(.15/95 ~ $500.00 i.. . c --L _- _ "~ PROJECT ASSIST ~ ~~ - COMMIT TO QUIT PROGRAM ' NEw HANOV,ER WE•AITH DEPT ~ - -. IJILMINGTON NC 284G1 •~-.~r:~r,'~r~r~r~!~r.n.~r~•'~.-vi"(i~R'~%,a ~~71F'!R'T~/1T'?f!'~'~^.//."iT(1Ft/C~f7~r''TYc'MF7T)'~'1!C?rR'NR'1R.'+IK"t I ' ~i'0 3 2 l3 Lu• ~:0 5 3 108 2 2 l~: 04 3 2C . _ _ __ _ .. ~::.. . .. // ~'` .5~ . 3 .._.,a ~ _ ~ J ~~ I ,~~//d --.i/U # ,tom/ ~ _ ~ -~ ~~`~ ~~~,~ ..~~~w~: ... 192 ~ ~~ . -~ .~ F ~ - CAPE FEAR MEMORIAL HOSPITAL, INC. CURA BANK 66-BS t TON, NC 28401 SJt 'ATE i i ~ ;~ 1 / •7 i~ iUE H11t~C~R=Ct Qi)!iQ~t ;DER C!G ~~Eh HF;t~`1L'E ~F,: '~cP~FTfSE~~T. :. 20?'~ SG'JT~i '1?TH ~JI~^t; ?;GTO~=, ur - , 11' 0 1 1 ~, 8 5 ~~ ~ ~~ ~ ~ ~ Lc~~->-- ~~-Q~-~- ~ c cam- ~ S 0114855. CHECK NO. ~~ S i ; VENDOR NO. r,~ _ •; a 1'*~c*t'-`• J1C' 111 VOID AFTER 60 GAYS rGl~?,Ty H~A1.TH ,, - ~ ~ .~ . 511' x:053 L00850~:0 2 7 102 10 5 211' '..Cape Fear memorial Hospital WILMINGTON, NC 28403 0114 8 5 5 .•' :NDOR NO. .. ' ' ~, CHECK DATE 1 : ~ ;; : ~ ~ ~~ CHECK NO. ~ 1 ; ,~ :~ < <, '~ 193 ~' NEW HaNOVER ' REGIONAL'ntECICAI CENTER - - •. ,••.:-. 2 6 9 7 21 wiLUwcroN. vc .... '. ..:. -. t _ lJ' -..... .. ., 1 .i~-, _S~~ yil/:7 /=J rF'i=NS 1~rII- OF F-HE °l-;f`.+?+t ~ (i {icj I c..•l. . i 1 ~ , ~ • ~. ~ ~ i ~ ~ ~ ~. `. .. r:ECK uC ~ .. _. cog?,^_1 ' i ~ ~ ~, 1 I . ~i ~ t _.. TOTALS I ~tl~i.i~ij I Q,c~t) I. Jiiii.i.t~~ .__ .... - ....~. .. ._ l~ Vev ~'ano~,er Reg~crtal Nte~?KalCenter =:a;rc:::__,s --. ~~ 2t3t S. t~tnS;reet.P0.3cc5000 W~Imington, NC 29102 P.AY .. ' 'Five Hund1-Fd And ~i~r/li~ta D~~ll~~s _ F•Fa7J~CT ASSIST r~-~ ~ 2.69721 ~, I sat lit /24 /9~ 2697 ! `j ~' ' ~ :BECK :~.+Ct.~rvt ~ ~ ! . 11. VGO AFTca :J DAYS I NEW !iANOVEa REGIONAL ~1EDICaI CENTEa ! N.Y.R St C. OPEFa?i.•~G Fl'Np . ! ~~ ~U7.+Cai._0 = ~ aTLR= Ir269721~t' ~:0S3100300t:3 5 3 196 18 58u' ~ , .. S J i / , ~~ / ' `// r ~i // _ _ 3 ~~ .. . /' t f~ t r t m Budget Amendment DEPARTMENT- BUDGET AMENDMENT # Health Department/ 96-0118 Child Health ADJUSTMENT Health Dez~artment/ Shild Health CFPT State Grant Departmental Supplies CONSENT AGENDA FEBRUARY 5, 1996 DATE 2/5/96 $l, 358 EXPLANATION ,,; To budget Child Fatality Prevention Team (CFPT) grant funds , for supplies associated with Team responsibilities. j w ~ t s :• ... _. ..... -a l yt ~ ~ ,`'~i for 13udgct OIl icers approval; then report ~~~,~~~ t: ~ to Commissioners at next regular meeting e' .i° ~ ~fi .' ~ w~ '°: `~;~ .md cntcrin minute~,~~ • ~' *^ ~ ° ~ ~ ~'~- °' ~`..~'~a~~,:~~~~~ ~ To be approved by ~ oners. a~# ~ ~ r_..,_.Z15~~ ~ ~~~~ To be entered into minutes. ~ $1,358 State of North Carolina • 'Department of Environment, Heaith and Natural Resources :Division of Maternal and Child Health James 6. Hunt, Jr., Governor Jonathan B. Howes, Secretary Ann F. Wolfe, M.D., M.P.H., Director - April` 1'9, 1995' ' MEMORANDUM"~ TO: Local Health Directors FROM: Tom Vitaglione, Chief ~°~"'~ ~' Children and Youth Section ~~~1 ~EHNR ~~ FY 1995-96 Allocations and -Contract Addenda - Local Child Fatality Prevention Teams Please recall _that the General Assembly enacted legislation "requiring the establishment of a Child Fatality Prevention Team (CFPT) in each county by July, 1995. The local health director is responsible for ensuring that the local CFPT is established and continues to operate. The statute requires review of all deaths of children, under age 18. There are approximately 1,689 child deaths in North Carolina each year. We are pleased to inform you that $95,000 is being allocated to counties to support local Child Fatality Prevention Team (CFPT) activities in FY 1995-96. We are giving each county a base amount ($100), .and the remainder is being distributed according to each county's percentage of child deaths statewide. Refer to the attachment for your county's allocation. Please add these funds to your Child Health budget for FY 1995-96. We encourage you to collaborate with members of your CFPT concerning how best to use these funds to su ort local CFPT activities. PP - _ . .. -~ , Enclosed is a chart with the'' number of child deaths by county of residence. ~ This information should. be of assistance to you in preparing the~Cluld Fatality Prevention Team component of your Child Health contract addendum. .~ . Should you have_any questions about allocations~or estimated numbers of child fatality reviews, please contact Ms. Olivia Silber, Team Coordinator, at (919) 715-3296 in Raleigh. Attachments c: DMT Administrative Consultants Olivia Silber Regional Child .Health Nursing Consultants ,_ Kaye, Holder DSS Directors . ~~~ Robinson ~. .w ~• P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3816 FAX 919-715-3807 An Equo- Opportunity Affirmative Action Employer 50~, recycled/ 10 gpost-consumer paper r . County Allocations for 1995-96 Child Fatality Prevention Teams Count<~ Amount Coun Amount . Alamance ........:. $1257 H arnett ............. $ 905 Alexander .............352 Haywood .......... 603 Allegheny ........ ...201 ... Henderson ............603 Anson ................452 Hertford 402 Ashe ................201 .............. Hoke ..... . : 603 Avery ................352 .. .... ... Hyde ................100 ' Beaufort ..............603 Iredell ............. 1 107 Bertie ................452 , Jackson ...... 150 ~' Bladen ..... ........603. ............. Johnston 1,056 Q Brwis~•ick ............'805 Jones 100 Buncombe .......... 1,660 ................ Lee .......... 654 ~, Burke ..............905 ...... Lenoir ............. 1,006 Cabarrns ..............905 Lincoln ........... 855 ~ Caldwell ..............754 .... McDowell . ~.:.. .....251 ~ Camden .:.... .......352 Macon .:.............352 Carteret ...........704 .Madison ..........:...201 ~ Caswell ............. 352 Martin .............452 , , Catawba ... .. .... 1,308 Mecklenburg ......... 7,246 Chatham ..............503 Mitchell 301 i~, Cherokee .............201 ......... .... Montgomery ...:.......503 ~~ Chowan .............201 Mooie .. 654 _ Clay .:.. ..............150 ............. ~ Nash ....... ...... 1. 107 ~' Cleveland ........... 1,157 , New Hanover ........ 1,358 ~I. ~ Columbus ............ 1,258 Northampton .......~ ....251 Craven .........:... l ,106 Onslow ....... , , . , . 2 063 Cumberland ......... 5,787 , , Orange ...............905 - Currituck .. ..........301 Pamlico 150 ~ ~ Dare ............... 353 ............. Pasquotank ............754 ~ Davidson ...... .... 1,761 Pender .4.02 .............. . Davie ........ ......402 Perquimans .....:......251 Duplin ..........:....704 Person ............ 805 ~; Durham ............ 3,019 Pitt ..:.:.:......:.. }1,358 ._ .. Edgecombe .....:.... 1,559 Polk 150 Fors}~th ............. 3 572 ................ Randolph ........... l 107. . Franklin ..............905 Richmond ....... .452 ~ . • Gaston ............. 2,012 Robeson ...:...... 1,962 Gates ~ ............:...150 . _ 'Rockingham ..' ..... ._ ..1,006 Graham ... .. .....100 _ _ -Rowan .... .. ... 905 Granville .............452 .. Rutherford .......... 1,157. ..Greene ...............352 ,. _ Sampson ...:.... ,._: ....805 _ - . . Guilford .... ..... 4,025 Scotland ....... ....905 Halifax ............. 1,308 - . _ . Stanly ................754 ~ ~~- 1.97 ~ -, ~ _ .: 1992-1993 Children Ages Birth Through 17 Number of Deaths By County Of ReeirllPnrP County 1992 ~ ' 1993 County 1992 1993 Alamance 22 23 Dare G ~ 5 Alexander 4 5 Davidson ~ • 24 ~ 33 Alleghany . 2 ~ 2 Davie q 6 Anson ~ 10 7 Duplin ~ 19 ~ 12 Ashe 5 2 Durham ~ 41 S8 Avery 1 5 Edgecombe ~ ' 20 _ ~ .29 Beaufort ~ 11 „ 10 Forsyth 72 _ ~ 69 Bertie ~ ~ ~ 6 7 Franklin ~ 13 16 Bladen 9 10 Gaston . 37 " 38 Brunswick 7 ~ 14 Gates ' . , 3 . 1 Buncombe •. 26 31 Graham 2 0 Burke ~ ~ l5 16 Granville . _ 7 7 Cabarrus .. 1~8 16 Greene 6 .. ~ 5 4 • Caldwell ', ~ 14 13 Guilford • 92 78 Camden ~ 0 ~ 5 Halifax ~ 22. ." 24 Carteret - 11 ~ l2 Harnett 18 ' 16 Caswell , . 5 ~ r 5 Haywood 4 ~ :.' 10 Catawba ~ 30 ~ ~ 24 Henderson 11 x',.;10 Chatham ~ 8 t 8 Hertford • 11 ~ ~ " ~~ 6 Cherokee - 3 ~ ... : 2 Hoke 15 ~ 10 Chowan 5 - 2 Hyde q .::~ 0 Clay ~.'~° 2 ~ ~ 1 Tredell 12 ,~..20 Cleveland ...... ~ 28 ' "w'°= ~~' 21 Jackson 5 ,.: ~,. , l ~~ Columbus ~ , ~ 11 23 Johnston ~ ~ 16~ ._ ~ - t'19 Craven ~ 25 ~; .: 20 Jones - 0' .. 0 - erland 95 113 Lee ~ 21 , ~ : 11~' Currituck 6 4 Lenoir 15 18 ~. CONSENT AGENDA • B Udget,: A111eI1d111eI1t FEBRUARY 5,1996 ,/ i i~~ i;'i/; i/~/!/i~."i'/,'iii%///:o,%',%i.i;'/airr;'~i~~~ r'////„//~//~'~%r/~;'~%%i;,,,~s,:.~cra./iij//::%'/r/'/ ';ii!.r; ~` (+~:/ (~i~//% 5~ DEPARTMENT i3UDGET AMF,NDMENT # D T New Hanover County Schools 1 e ~, ~, r~. Q 9 9 9. a ADJUSTMENT New Hanover Cottntv Schools School Capital Outlay - Furniture/Equipment School Capital Outlay -Vehicles School Capital Outlay - Engineering Services/Feasibility 2/5/96 CREDIT $100,000 I;~CPLANATION To transfer funds from Furniture/Equipment (Category II) and Vehicles (Category III) to ArchitectlEngineering Services -Feasibility (Category I) to perform a professional system-wide survey of New Hanover County Schools' HVAC/Itoofing needs ~-- as requested by the Schools (see FY95-96 Budget Ordinance -.Section 6 attached). ~.~ ~ ~' ~. 96-0120 DEBI'~ $1 s,ooo $82,000 Por Budgct Ofl ~cer's approval; then report to Commissioncrs a~~~ir mccting :md cntcrin minutcs. To be approvcdby Commissioncrs. To be cntcrcd into minutcs. ~~ NEW HANOYER COUNTY SCHOOLS November 13, 1995 DR. CA,E F. h1ABTIN Superintendent BOY E. KEITH F;nence O:l~cer . . ';,' ~ [;"q Mr. Allen O'Neal, County Manager New Hanover County ..~:~•e:~~lst:;:~i'It~ UFFIC~: 320 Chestnut Street 11'E1V H-~-~UVER CO. Wilmington, NC 28401 REF: Barbara D. McClure's Memorandum Dated November 8 1995 Dear M_*'. O'Neal : The County Appropriation shown in the Capital Outlay Fund should read $2,958,135 with Appropriated Fund Balance of $.200,000. You are requested to amend the County Budget Ordinance as follows: Original,,: Revised Amount of Amount Amount Change Category I Renovations $1,600,000 $1,700,000 $100,000 Category II Furniture/Equipment 1,131,135 1,113,135 (18,000) Category III Vehicles 227,000 145.,000 (82,000) Rationale: Since development of our budget request last April it has become necessary to reprioritize several line items. We .need to engage the services of an engineer/architect to perform a professional system wide survey of our HVAC/roofing needs. Such a survey will enable us to"properly prioritize future funding requests based on hard data. We have chosen to.reduce our vehicle .line item and postpone replacing older vehicles for one year. Also, ire received unexpected funus for equipment from state sources which can offset: our proposed `capital outlay equipment purchases. • ~ ~ }; . These changes would allow•.us to effectively pursue ourcapital outlay needs as they~p:resently exist... • .. .- ._ -. _... _. ... Sincerely, - - _ . ~ 4- ~ Dale' "F .'' ;Martin 2~~~5 ., 1 Rn7 c.,, , ., , ~-. , ~----- .... 1~\ v. ,} i ~, Vii!! ~` t . ~~ ~. j~ 1 ~~ ~ ~ ~f ~t ~~ C ~• ~ O (Tf x b V ~_ N n ~ U ~ Oo O c' -1N~~ ~'tiOZZ~rro =..;.C7'~n[~taadc~~__ H n to < ~. " ~ ~ ~ ~ o ~ ° ~ ~ ~ m 3 . -o I17 f9 = Ci'1 ~ ~' C7 ~ ~ o m G. `~ Z f9 w ~ m ~ `~ ~ ~ no'.ic"= ~,~ ~' ao oao >tr13 wm~,~~ any n mo 0 3 H'~ ~ n.< ~ ~'_~ ~ ~ ~ ~ too ~ [r1 ~ ~° ~, tT7 ce to •~, ~ cs ~ ~ T 3 m x ~ x ~° ~ 3 ~9 ~ ~.. O ~ 1 f~ O d_ O 7 . N 6'f _ w O vwi o In O A In W N N W J O •- O O O~ N N O O a 0 O~ 0 0 0 0 0 0 0 0 0 0 :N O tJ to O O O to fJ O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 to o 0 0 0 o to 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N W • a O O V Z \'/ ~ ? G ~ In C ~ ~. 7• Z ~ C X 7 ~ o N ~ 'fl ~ < . ~ ~ ~ N OC = ~ ~ `~i A U A n n A N = G ~O Q a ~ ~ C O U ~_ U Z •'~ .°y 'L1 S A -j N =• ~ A '~ ( IC ~ ~ d V~ C ~ < n ~ ~ C7 O ~° N 3 ~ ~`+ - ^~ ~~„ -~ a o ~ Z C 'D r ~ ~ °•acn~ CT' - n ::. (/ N C Q 0 0.. N ~ ~•apo H ~• G O O A ^°i~• 1 [9 v G.~ ~ = n ~ ~ O ~ ~ N ~ O ~ O O. 7 p• _~ n 0• A ~ tj ~ N A PI U p D. O n 7 7 d p 3 ~• ~ ~ O ~ •-~ .~. _ n O ° O O C ~ ~ ~• 7 ~• n n T7 w ~7 b n b 0. O < G ~~,_ ~° v ~' ~ ~• v o' o • o ~ ~ N 7 r~•r N ~ d O ~ O C n -~77 p: A ? `C p, Q ~• ~ O ~• 1 '~ ~ 'v °• ~ ° C O C N O n 0'~ j . N ~ ^ ~ A .~. 2+ 3. _a. ~ N ', . O v o ~ .~ ~ c .~ N ^ a o _.o ~ 2 01 ~- a -~ :. --3 ~ v o_ > N N .. w R f~D .~y, 1 "'1 /~` T c~9 d ;~ N i c± rs ~.z~~ ~ c < ~ ~ _ a V N ~ ~ o ~, < x -~ C7 c o ~ c a ~' O . O N C 7 d N N Oo A W J ~ ~ J V ~ In O~ ~O ~l A W A W O N oo A ~ ~O~ CO a, .~ d A n' ~ _ ~ ~ ,~ O O > > or °' o -: -: c = ~ ~ ~ W vii "O ' O O» 3 N» » O fl in O O ~ ~ ~ o. a ~~ ~ ~ c S O = ~ ~ o~ Oa O v • 3 o ~, n; ~ n ~O7 O `c `~ 3 " ~° 3 C C ~ o < ~ ~• 4 ~. ~ ~ ~ < ~ o o ~~ ~ « t t r « o ~ 3• ~ ~ H ,3 ~ , > > ~ < ~ c O 3 -+ ca - ^ '07 'S7 3 o 3 '9 A ~ G+ ~ ca ro A O c Z ' ` ,., .< ~ rv O ~ ~ ~ 3 U O y ' G ^ H ~. C:7' ~ n U `~ ( O f!1 ~ ~ O' v p~ 0 3 S ~ ~ ~' ~ ~ . . O 3~ O c7 ~ N N O ' e O_ O ~ N N 'Sy ~ ~ v O C p ~G n H . N ~ A ? d ~ O O~ _ N ~ V .~ b C . V - Q. C < 7 ~p d ~ U C b N 6'! b ~ O < - ~• Q' .-.. - •...• N ~ W . to W .... O ' ~..~ W O - In O .,.. O 1 0 ... 0 to to to O A 0 y, J •-- O N_O O ~. 7 < O -- 0 0 0 0 0 0 0 0 0 0 0 0 v ;^ , O W O O O O O O O O O O O O , n ~ O U O O O `O O O O O O O O O D• ~ . ~ .. .- - _ _ n - ~ ~ - 1 • ~ H N oo N N ff U v ~] .... ._. - O O~ ~ In ~ tr O O Q\ o0 n ~] O O O~ - ~ A O O O W , N O O O to ~ n 07 ~ 7 7 ~ 7 QO a... C ~~~ ~ " '`~ CONSENT AGENDA Budget Amendment FEBRUARY 5, 1996 ~, ///, /i iii//~ i ~~; ~ ~ i• /i %. / ~% /% /~/~ i.. .. i. %' ' //O/ // // ///// / % / // / % // O// // // /// / / ~ / / // % ////// / % O % // / / % % ~ % % ~ % / ~ //////// //% /// / / / % / /////% % % % % i ~ ~ i ~ ~ ~ i ~ % ~ i i % % % % ,; ~~ DEPARTMENT ## " ~~ `~ Non-Departmental Health/Jail 96-0123 2/5/95 ADJUSTMENT ~ .DEBIT SR~IT Non-Departmental Contingencies $42,500 HealthlJail $ 2,500 ~~ Contracted Services $45,000 ,~ ~. . EXPLANATION ~~" To budget additional health fees and transfer contingency funds to meet the increased '~r need for medical services at the Jail. ` With approval of this budget amendment, the remaining balance in the General Fund ~~ Contin encies account will be ~, . g $84,695. ~~ J;ir~;~'y~~'~~ ~~~~;y ForBudgetotficei'sapproval;then'report '~ /~'t ~°' ~ U,~,;~ ~ ~ to Commissioners ~ma~lar meeting ` ~~~" ' " r ~ . - •~ /and enter in minute U J ~~' ~ ad'i ~ ~ ~' ~• '` ~ ' ~~ _L To be approved by Commissioners. ~g°~ ~ J~J~/ ~tp_ ~~~~ To be entered into minutes. NEW HANOVER COUNTY . ~, . ~ INTER=OFFICE _. 1VIEM0 T0: Lynda Smith, • Assistant Health Director '~ , FROM: Betty Creech Community Health irector DATE January, 8 ~ 1996 ~_. RE: Additional Monies in Contract Services ' n the Jail Health Program, w.e 'need • an To complete the year i additional $45.000 in Contract Services. This estimate is based on our current usage of $6,908/month. Due to large hospital emergency,room or inpatient bills related. to injuries, t fund nq efo r~contract ,services ein la leg, we will exhaust Curren ~~ few days. • CONSENT AGENDA _ . ~ B~,ldget A:mendxxtent FEBRUARY 5, 1996 TT~A .T T~Tl1 1 A T n~ J~EPARTMENT: BUDGET AMENDMENTS DATE: Human Service Transportation 96-0124 2-5-96 ~~ ! AD USTMENT: DEBIT: CREDIT: uman Service Transportation ' General Public Allocation Grant $9,103 Human Service Transportation General Public Allocation $9,103 ~~ . !. , ~> ` ~'. . .s - .. y EXPLANATION o reduce budget to actual amount o unds to be received for fiscal year 95-96. ~~. ~: ~ ,. i t ~: ~,~ f~aF~~~~~L~L~~ ~ n j~~ ~, ~ ~ ~ ~~-: ;; . ' , ~ For Budget Officer's a~pr8tttr~cn report yf dy~.,s~ ~ ~! ~~~~ z:: «~~1~~ddim6r.~ to Commissioners at next regular meeting ~ 4 •~ ~ and enter In minutes. ~~' ~' ~J _..~,l..tQ~. ~ `./ To be approved by Commtss(oncrs.~ r.. To be entered into minutes. i .~~ JAMES B. HUNT JR GO\'ERNOR DEC Z i ~ ,~ .,~ ,' :~. STATE OF NORTH CAROLINA TRATIVE OFFICE DEPARTMENT OF T`RANSPORT~`~}~~xaivov~ co, PUBL[CTRANSPORTATION DIVIS[QN _ GAR1ANlJ B. GARRFi-f JR. I'.O. BOX 25201. RALEIGH. N.C 27G11-5201 SECRETARY December 12 .1995 Ms. Pat Melvin• Assistant to County Manager County of New .Hanover . P.O. Drawer 1559 '_ Wilmington, North Carolina 28402 Dear Ms. Melvin: RE: FY1995-96 Rural General Public Transportation Program Funds Enclosed is a warrant in the amount of $.8.897.41, representing the allocation of FY1995-96 Rural General Public Transportation Program funds for New Hanover County. Please refer to Charles Glover's memorandum of October 9. 1995, regarding eligible expenditures under this program. ~~ Funds not expended by June 30, .1996, will be deducted from your FY1996-97 disbursement. If you have any questions regarding program .requirements or the allocation for your area, please contact Charles Glover ' at (919) 733-4713, extension. ~ 7 7 t \qS ~S ~~~v ~,~"~ G , . b ~ Sincerely, ~'- ~ ''~ ` ~~' ~ ` Mi ri m n ~ i ~) a S. Perry. Ma ager ' ~ ~ ~,. '.Support Services Section .J 1• ~.,~ MSP : rms .. .. _ _ __.. ._ . _ , Enclosure ~ ~ -. ~ -r~ ~ - ~ ~ ~~\, ~~ ... cc: Michael O'Neal. New Hanover County, Manager _ j~ . w ._ .. _ _...._ ._.... U . ~~~~ 2ps .. .. PHONE (919)733-4713 FAX (919)733-1391 / ~-~`-~-'-v '~" ~~J ,~. "- ~ ~~ CONSENT AGENDA ~' ~ Bud e znendznezzt t A FEBRUARYS, 1996 ~~~ . . ITEM-NO. 14J r ~ -, ..,, r-., ~ ~ -Y + ~ DEPARTMENT: BUDGET AMENDMENT# DATE: Department of Aging ~ 96-0125 2-5-96 ,~ '~ ADJUSTMENT: DEBIT: Deet of Aging/Senior Center Other revenue $1,14.9 Dept. of AciingJSenior Center Contract Services CREDIT• $1,149 EXPLANATION a To increase budget for revenue received for registration fees charged to attend fund raising workshop presented~by June Durham. '~ . . ~~Y€~edd ~ ~~~n~,ai H~~~i~~dWi_;4i7~ For Budget Officer's approval; then report ~- to Commissioner at next regular meeting ~~ ~I_ ~J /_~~p ~~~ ~ and enter In minutes. . ~ u..~a ~`" ~ y' "~`"`'"~"""`" "°' To be approved by Commlastoncrs. To be entered Into minulca. - Y_ . ... _.. ,t .. . , .. ,~ . ~. ~- ~~