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Agenda 1996 05-20
AGEND ~' ~PNOVER CO G - 3 ~* ~ r OFNORiN~P ~~~ May 20, 1996 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Courthouse ; 24 North Third Street, Room 301 Wilmington, NC I ROBERT G. GREEK CHAIRMAN E.L. MATHEWS, JR. VICE -CHAIRMAN / SANDRA BARONE, COMMISSIONER WILLIAM A. CASTER, COMMISSIONER WILLIAM E. SISSON, JR., COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER WANDA M. COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD 9:00 A.M. .MEETING CALLED TO ORDER: Chairman Robert G. Greer . INVOCATION ` PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (1>,mit.three minutes per item).. _ APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS PAGE ~' TIMES NO. 9:15 a.m. 1. Presentation of New Hanover County Service Awards 1 9:20 a.m. 2. Presentation of the Distinguished.Budget Award 3 '~ 25 9 3 R iti n f N E l 5 , : a.m. . ecogn ew o o mp oyees ..', 9.:30 a.m. 4. Consideration of Naming Street at Laney High School 7 9:35 a.m. 5. Presentation of FY96-97 Recommended Budget 9 10:30 a.m. 6. Discussion of Purchase of Land for a Middle and 11 High School , 11:00 a.m. 7. Status Report on Activities of the I-40 Association 15 '11:10 a.m. 8. Consideration of Coastal Resources Commission Solicitations 19 For Nominations 11:20 a.m. 9. Consideration of Agreement Riparian Corridor Encroachment 25 ;~ ' 11:30 a.m. 10. Consideration of Contract to Convey the Porter s Neck 31 . ` Substation to Co-ownership Between New Hanover County and Ogden Volunteer Fire Department ESTIMATED ITEMS OF BUSINESS PAGE TIMES ~ ~ NO. ~. 11:45 a.m. 11. Consideration of Request to Increase Rental Fee for 39 Assembly Room of the Old Courthouse to Discontinue Policy of Permitting Use of Facility to the Public. 11:50 a.m. 12. Committee Appointments 47 12:00 p.m. 13. Meeting of the Water and .Sewer District 77 - . 12:20 p.m. 14. Public Hearing Regarding the Financing of Hospital 53 Facilities with the Proceeds of Tax-Exempt Bonds ' 12:30 p.m. 15. Consideration of Adoption of Resolution Approving 75 The Capital Project Improvements by the New Hanvoer Regional Medical Center; adoption of the Series Resolution; Amendment to the Lease Between NHRMC and the County, and Other Related Documents ADDITIONAL ITEMS COUNTY COMMISSIONERS COUNTY ATTORNEY COUNTY MANAGER 1:00 p.m. ADJOURN u , 2:00 p.m. Internet Worksession -Room 501, County Administration Building J E j .-. ' NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC MAY 20, 1996 9:00 A.M. ' ITEMS OF BUSINESS PAGE NO. 1. Non= Agenda Items (Limit three minutes) 2. Consideration of use of District s discharge for Wastewater 79 ' Treatment Plant at Castle Hayne -Contract #96-391 3. Consideration of Sewer Allocation Request from~Wrightsboro 87 Baptist 4." Consideration of Sewer Condemnation 91 5. Consideration of Sewage Treatment Contract/City of Wilmington 9~ Contract #96-0319 . NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AGENDA MAY 20, 1996 9:00 A.M. ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 11 ~ 2. Approval of resolution stating the Board of Commissioners 117 will not grant funds for travel of specified groups 3. Adoption of resolution approving sale of surplus radar units 1 19 to West Chatham Warning Devices 4. Approval of Criminal Justice Partnership Program Grant 121 Application ~. Approval of grant application of an HIV/STD Prevention 14~ Project Grant 6. Approval of agreement between Cape Fear Museum Associates 169 And Ne~v Hanover County regarding revenue-sharing and Audit requirements 7. Approval of resolution directing Tax Collector not to bill or 179 collect tax accounts in the amount of one dollar or less 8. Approval of appeal for release of 199 late listing penalty 181 CTI of North Carolina, Inc. 9. Approval of New Hanover County and New Hanover County 19 I Fire District Collection Reports for the period ending April 30, 1996 10. Approval of Release of Value 19~ 11. Adoption of Time Warner Cable Customer Service Standards 197 12. Approval to convey vacant tract to Wilmington Housing 207 Finance and Development, Inc. without compensation, I 13. Adoption of resolution addition the following road(s)s to 209 the State Highway System: Maypop Court in River Oaks Subdivision 14. Approval of Civil Engineer position 21.3 1 ~. Approval of Consolidated Contract between State of NC, 21 ~ Department of Environment, Health, and Natural Resources.. and New Hanover County Health Department 16.. Approval of New Hanover County Fire Commission By-Laws 2~ 1 ' 17. Approval of Budget Amendments: 1 A. #96-0202 to budget additional State .CBA grant funding 239 For the Non-Secure Detention Program. . B. #96-0208 to reduce budget to actual amount of Title III-F 240 Health Grant funds available for FY9~-96 to the Department t of Aging ~~ •' ,\ ,~.,.~~ 1 ii ~, REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 , Zegular Item #: 1 Consent Item #: Additional Item #: department: Human Resources Presenter: Allen O'Neal ?age Count In Agenda Package: Contact: Rosetta Bryant SUBJECT: _ Presentation of New Hanover County Service Awards BRIEF SUMMARY: The employees fisted qualify for recognition due to their length of service with New Hanover County. Service awards will be provided by the Humane Resources Department:. FNE (S) YEAR SERVICE AWARD: James LHager -Sheriffs Dept.; Elbert H. Kennedy, Jr. -Sheriffs Dept.; Sidney L. Morgan - Sheriff sDept.; James G. Adcock -EMS; Robert. C. Mazzeo -Engineering; Sheila A. Jamerson -Health; Elizabeth R. Rauth -Health; Sherlyn H. Grantham - .Social Services; TEN (10) YEAR SERVICE AWARD: Susan J. Jaindl -Budget; Carolyn A. Johnson -Tax; Rodney D. Knowles -Sheriff; Fonda S. Price -Sheriff; Larry M. Simmons -Sheriff; Kellie P. Daueh~ -Health; Delisa B. Lloyd -Health; Paula S. Jenkins -Health; Linda Bohn.- Social Services; Wilma G. Daniels -Social Services; Elizabeth S. Holland - Social Services; and FIFTEEN (1~) YEAR AWARD: Ruby M. Holiday -Register of Deeds. RECOMMENDED MOTION. AND REQUESTED ACTIONS: r utvl)i>v~, ~vux~,r,: Federal S: State S: County S Money Is In Current Budget: Budget Amendment Prepared: REVIEWED BY:. LGL: FIN: CO NT Present a User Fees S New Appropriation Request: BUD: Refer to Office Vision Bulletin Boazd for Disposition HR: Other S: ~~ ~~ ; R>t~nov~~ . ~ , P(3STPQN DATE This pao e intentio~icrlly left blank r K 1 ~ } k ~yi i,{4xF. e ..~ ~ ~~ • I ~~ ~~~ .. .~~:. ~ :~ ... ~• ii ii n f'. REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: 2 Consent Item #: Additional Item #: Department: County Manager's Office Presenter: Chairman Greer Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: _ Presentation of the Distinwished Budget Presentation Award to the Budget Department for fiscal year beginning July 1, 1995. BRIEF SUMMARY: Notification has been received .from the Government Finance Officers Association of the United States and Canada that New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the fifth consecutive year. The award is for New Hanover County's budget submitted .for fiscal year beginning July 1, 1995. Thais award is the highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts who use extensive criteria to evaluate the effectiveness of the budget as: a policy document, a financial plan, ari operations guide, and a communication device. Award-winning documents must be rated "proficient" in all four categories. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Distinguished Budget Presentation Award be presented to Cam Griffin and the New Hanover County Budget Department.. Federal S: State S (Money Is In Current Budget: Budget Amendment Prepared: ' REVIEWED_BY: County S: User Fees S: Other S: Ne~v Appropriation Request: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS- Award plaque to Cam Griffin. Thi is the fif~h'consecutive year that the Budget Department has achieved this award. m ve - ud of this achievement and the hardworking and dedicated Budget Department staff. ~~~, AP~RQ1tE~ }~ , REM~11t~E~ ' Refer to Office Vision Bulletin Boazd for Disp~o5i~i~t~ ' ~- _- c=-= E--- GOVERNMENT FINANCE OFFICERS ASSOCIATION March 8, 1996 180 North Michigan Avenue, Suite 800. Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 PRESS. RELEASE For Further Information Contact RELEASE IM'v1EDIATELY Stephen J. Gauthier (312) 977-9700 Chicago--The Government Finance Officers Association of the United States and Canada (GFOA).is pleased to announce that New Hanover County, North Carolina has received the GFOA's Distinguished Budget Presentation Award for its budget.. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: • a policy document • a financial plan • an operations guide • a communication device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Ms. M. Cameron Griffin, Budget Director. Since the inception of the GFOA's Distinguished Budget Presentation Awards Program in' 1984,' approximately 700 entities have received the-Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments , throughout i~TOrth America. The Go~remment Finance Officers Association is a nonprofit professional association serving 12,60 government finance-professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting,, -.: • ; . ~~` k ~~~~ . '~~~` . ~~;~g~ . ` '. ~~`~'WAS•HINGTON OFFICE . 7:~OtKeet~ N'~W:~-Suite 650, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: 3 Consent Item #: Additional Item #: Department: Human Resources Presenter: Allen O'Neal Page Count In Agenda Package: Contact: Marlene Carney SUBJECT: Recognition of New Employees BRIEF SUMMARY: Recognition of new county employees by County Manager and County Commissioners. A.list of new County employees will be provided to the Board prior to the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S Money Is in Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: OUNTY MANAGER' C ENT AND. RE MMENDATI N Recognize new employees. APPROVEt~ . ~ r R1~.1~CT~a ~ REMOVEQ #~ PO~TP01,~ ~AT~ : z ~ ~ Refer to Office Vision Bulletin Board for Disposition 5 This pab e intentionally left blank 6 '~ -~ ~ 3 .~~ . ~ ~'~'~,° ~'' .+~ ,~ , , ~~ ~ ".~~~ s ~o a r ~ ~ ~~~ . ~t~~` . • .:,ti.. 0 REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: 4 Consent Item #: Additional Item #: Department: County Manager Presenter: Bobby Greer Page Count In Agenda Package: 2 Contact: Allen O`Neal SUBJECT: Consideration of Naming Street at Laney High School. BRIEF SUMMARY: North Carolina State Trooper Pearce, Maryann Nunnally, Duke Lineberry, Dale Martin and others have expressed an interest in naming a street at the Laney High School complex after Danny Pence. RECOMMENDED MOTION AND REQUESTED ACTIONS- FUNDING SOUR E: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: -HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS~ Recommend the Board of Commissioners consider supporting this matte COUN3Y APPR4Y~t~ . , REM4V '~~-x. ~:~;~ P~STPp~ ;; . 2 Refer to Office Vision Bullet~~~~d or i do 7 U:Ji lUi 1770 ..: CJL 71:Jio~_,~i 5cL! -r,5 ::NJ l:r:~'c~. ~ r~::~~c. J1 , OFFICE OF THE SUF'ERIKTENDEAtT ~~~ DR. OAIE F. Mp,gnN ~J 5~,.;^~d~ NEW ~ • HANOVEA COUNTY SCHOOLS TO: Maryann Nunnally, F'r1>>cipal E. A. Laney Nlgh School FROM: .Dale F. h1artin, Superintendent ~ . DATE: May 7, 1996 RE: Naming of Street Danny Pence On Tuesday, May 7, 1996 at 3:1 S p.m., Trooper Pearce had an appointment In my office to discuss the naming of a street ,at Laney H(gh School, Danny Pence. Trooper Pearce has Indicated to m?, Maryann, that you as building principal have no problem with this. AS you are aware, we have discussed this prevlousty on t?~e suggestion of Board member Duke Lineberry, Lois 8asiliere and I have checked 6aard PoUcy and It (s my understanding that the naming of parts of buildings, ~. e., gymnasiums, libraries, streets, baseball fields, etc. are not covered by so~rd Policy, only the naming of total buildings is Covered under Board Policy. Therefore, the decision to name a part of me building, street, etc. is In the hands of the. bullding principal, parents, and staff. Please be assured that ~ as superintendent of schools or Dulke Lineberry as a board member have no problems with the naming of the street after Danny Pence. In fact, I believe It's safe to say that we support this move. If you have any questions In th(s regard, please feel free to contact my office. c: Board of Education Members Trooper Pearce File ~i,~!a ~~~Y~4~ab ~02 5011TH ISTH. $TREE7 WIL~nIfJC,TpN, NQ~i~ r°APn~lrln ~'9d0'1 PHONE (9101 763•Sd31 ~ F,ax (9101 815.6927 t~~~~ ~~. ~'~ REQUEST FOR BOARD ACTION Regular Item.#: ~ Consent Item #: Additional Item #: .Department: County Manager's Office Presenter: Allen O'Neal .Page Count In Agenda Package: SUBJECT: • Presentation of the County Manager's Fiscal Year'1996-97 Recommended Budget BRIEF UMMARY: Allen O'Neal, County Manager, will present the Fiscal Year 1996-97 Recommended Budget and deliver the budget message. • "~ RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Manager recommends that the Board of Commissioners consider the recommended `_ budget, hear the budget message, schedule a public hearing on the budget for June 3, 1996, at 7:00 p.m., and adopt the FY96-97 budget on June 17, 1996. ~r. FUNDING SOURCE: Federal S: 'State S:. ~ County S: User Fees S:, Other S: Money Is In Ctirrent Budget: New Appropriation Request: '' Budget Amendment Prepared: REVIEWED BY: LGL:-APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMM Hear budget presentation and consider schedule noted above. REMOVE#3 ~ ~.::=. „ . T ~. Rcfer to Office Vision $ullctin Board for Dis~OS~j4 on s"j~~ (,~ /. ' liUor~ 'Je4biU-~: M~~~3o~ ~q~L .'''f' ~" 9 ~` .~' ~~, ,~ ~' 2. rv..• mn Ea~~JyGt./~~~rove. fx%Uofers ~r/953 3~ D 2+ fir; ~ -tc~ ~+,.,.~n....~~ ~pL~~,~'~..~ . . T'c-i-5~r,~.c,Q a ~ ,1 I - - - ~5 ~/G~jcc,)t-y~C-S Sri ~c~ GS.~'.'~s, e c/ ,~9 ~.rt.~•r,s ~'~r, l ~~(/ ~'- ~ CD Lu slu,~be. wSSe~.se.d ~_ -~',.~~..: Tltis page intentionally left blank 10 ~ - ~ ~~ ~3w~~~~~~ ~~~ ~~~~~ ~~~, ~~ ! ~~-.~.~, 1 1 1 i i 1 i 1 1 1 e v s a s REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #:6 Consent Item #: Additional Item #: Department: Presenter: .. Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Discussion of purchase of land for a Middle and High School Site. BRIEF SUMMARY: Attached is the material and packet information presented at the May 6, 1996 meeting. At the preparation time of this item additional information was not available from the Board of Education. Information will' be forthcoming as soon as available. The Board of Education will meet prior to the.20th and will hopefully have acted on this matter. RECOMMENDED MOTION AND REQUESTED ACTIONS• Federal S: State S County S: User Fees S Other S: Money Is In Current Budget: Budget Amendment Prepared: New Appropriation Request: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER' COMMENT AND RE MMENDATI N , Consider the merits of the property av le and consider purchasing. Additional information will be delivered under separate cover. ~~ couNnr cwt APp~tdV»© REJECTED ~ ~ ~~ ~~ ~~:~:,_ REMQVED ,{~, ` . ~ r POSTf'~N Q" HATE ~~.~ ~..~.~.~.. Refer to OfFce Vision Bulletin Board for Disposition This page intentionally left blank `~ ~~~~~~~ ~~ 12 ~ ti 9 ~~~4~a~:~~ ~'.~~~` 'fink";,:„~.`G' ~°`."~` -~ ~!~p e e ~I B REQUEST FOR BOARD ACTION Meeting Date: 05/06/96 tegular Item #: '~ Consent Item #: Additional .Item #: department: Finance Presenter: Allen O'Neal, Bruce Shell 'age Count In Agenda Package: Contact: Allen O'Neal, Bruce Shell SUBJECT: Discussion of purchase of land for a middle and high school site: BRIEF SUMMARY: Discussion of purchase of land for a future middle and high school site and consideration of financing options available is appropriate. In order to minimize the impact on future tax rates, consideration should be given to financing terms that extend debt service ,payments over the useful life of the property or greater than ten years. Financing-options include owner financing, or installment financing through banl: placement or Certificates of Participation. RECOMMENDED MOTION AND REpUESTED ACTIONS.: FUNDING SOURCE: ' Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: t\'ew Appropriation Request: Budget Amendment Prepared: - ~ . LGL: FIN: BUD: HR: ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: The County Commissioners should discuss the opportunities available for purchase of properties for middle and high school sites and the opportunities for financing. Site data is being developed . and will come to the Board under separate cover. C®UNTY tQI~M~;~ COUNTY COMMISSIONERS APPR~ ;~ -, APPROVED Q REJE~ ~ ' ~ -~ ~ ~ REJECTED ^ ~ 3 1tEMQ ~: ~ REMOVED ^ POST PQS`~"~ `~±~ • ~Refcr to Office Vision Bulletin Board for Disposition P~NE ^ Gd-~r~N(.tt D ~~ ' ~ DATE ~ DATE NEW HANOVER COUNTY INTER-OFFICE ~.. April 29, 1996 TO: FM: RE: Allen O'Neal, County Manager Andy Atkinson, Deputy County Manager '' Bruce T. 'Shell, Finance Director Purchase of Land I want to make you aware of some financing considerations as we consider the purchase of land for future schools. As I have had discussions with Bond Counsel and Bankers, I mention the following for your information: Owner Financing Arrangement: • Agreement should not prohibit the County from early payoff. • Owner financing agreement should include language in the agreement that enables the County to pay the debt off with general obligation debt. • Interest rate MUST be competitive in the market. Installment Debt Arrangement with Financial Institution: • The County is not "bank qualified" in 1996 and therefore must pay a little more for interest than if we had issued less that 5.10 million in debt. Interest rate quote from First Union is still under 6%. (That is a very good rate due to our outstanding rating) • The General Assembly may include the County in special legislation that would allow issuance of COPS for school related property and construction. This would enable the County to finance school related construction without a general referendum. • My financing .philosophy is to spread the debt over. 15 to 20 years with early payoff capability. This would minimize the impact on the tax rate and still provide flexibility for payoff if we issue general obligation bonds for school construction. Annual debt service on SS million for 1~ and 20 year terms will be S2~O,000 and 212,000 respectively. 14 ~ ~ ~ ~ ~~~ v.~~~ "'"t <vr {J ~ ,~,;'~y,r r ~'.a ~~~.u. n y~ ~ 1 REQUEST. FOR BOARD ACTION Meeting Date: 05/20/96 .~ ~ ~ ~~ ~ ~,u~-~ „ Ac~~~~e , nna,~i.~upd~. Regular Item #: 7 Consent Item #: Additional Item #: Department:. County Manager Presenter: Page Count In Agenda Package: 3 Contact: Allen O`Neal SUBJECT: pK~'ds~{ (lh~ c_.n d1 L!/M6'J~ Status Report on Activities of the I-40 Association BRIEF SUMMARY: The Board of Commissioners requested that Dana Page make a status report presentation. Mr. Page vas contacted by phone and requested a letter detailing the scope of the presentation. The letter is attached. RECOMMENDED MOTION AND REQUESTED ACTIONS- FUNDING. SOURCE: Federal S: ~ State S: County S: User Fees S: Other S: Money Is 1n Current Budget: New Appropriation Request: 3udget Amendment Prepared: REVIEWED BY: u ~LGL: ! FIN: BUD: HR: ® COUNTY MANA ER'S COMMENTS AND RECOMMENDATIONS- ~! Hear report sand take action as necessary. . Ct3UN'#Y COMMI~StONERS I~PPROIiEI~ ~+~~2.~ ,~ ~ REJEC'CEC>' t] .. _ -. ~ ~~ REMQVEa E~ _.5 ~~~ Rcfer to Office Vision Bulletin Boazd for Disposition 1?e~r~-F' crr~ ~~~ •~ ~ E~'-~°;,,,,~ ~~v(~:na~-i`ul'"i t,U~~rt may,,,' t~cec~r,cio~t:c d.e:v .. Re ~fi a ~ A~fj`~,~s 1V ~~-- u1F~t- E`'loe~ ~.a~z, ~s ~eedP~ NEW HANOVER COUNTY OFFICE OF THE COUNTY MANAGER 320 CHESTNUT STREET, ROOM 502 WILMINGTON, NORTH CAROLINA 28401-4093 TELEPHONE (910) 341-7184 FAX (910) 341=4027 April 29, 1996 Mr. Dana E. Page 410 John S. Mosby Drive Wilmington, NC 28412 Dear Mr. Page: ALLEN O'NEAL County Manager ANDREW J. ATHINSON CPA Deputy County Manager DAVIDF.WEAVER Assistant County Manager ' 4.14 Chestnut Street,~Room lOl ~ C Tclcphone (910) 341-7139 Fax (910) 341-4035 As I stated in our telephone conversation on April 24, 1996, the New Hanosion meeting Board of Commissioners request you attend a rewlarly scheduled Commis and present a status report on the activities of the I-40 Association. Since }you have a conflict with your personal schedule for the May 6`~i996omeet ou of the Board I will schedule you for the May 20, 1996 meeting. My offic fy Y exact time you are scheduled. If you have questions or comments, please feel free to call. rely, r en O'Nea C unty Manager AO/cb cc: I~tew Hano q~er~ Cso ~~ty~B~ ard~o~tf,Commissioners Lucie Harell;C~l~rk~tothe=Board °~f~~ ~~~ .~~,~ j~Id4 b~~s~~, a6=.`Nw •a`a~"~r~td '~nsMrx~'Aad'RUiEp'r?t'.ob' %.i ~1 !?!4 OaiOa/1995 21:20 910a~2128Z March 26, 1Q96 N ~r e Hanover County Board of Commissioners . 320 Chestnut 5troot, Room 305 Nilraington. NC 28901-gp93 s e 0 e Attention: Lucie :F, Rax'rell Clerk to the Boaxd CASTER PAGE 02 John B. Horne l' • O . Sox 6025 Hanover Center Hilmin8tvn. NC 28403 R°~= RESIGNATION I-dO Association New Hanover County Chdvt~r Executive Com,nittce This unstructured, unaccountable committee .will accomplish nothing w.orthWhile in my lifetime, with or without my Darticipatlo~ Theref oze, ple8eo accept my RESIGNATION effectiv© immediately, * # ~ Qne reason that Z feel that public schools and all other local Government functions are out oY control in Southanstern North Carolina is that the stated idealistic and actual political motivation3 are at cross-purposes. observablo ion In reality, there is no S-rango "public 8ood° Boal and no single Muster ply for getting anything done_ In this environment all official and volunteer cff orta era bound to splinter, fragment, and fail. One quitQ visible apmptorp results from the failure to ostablish standard lax3 and unifoxm law cn~ozcemcnt for both Wilmington and Now Hanvvor County. This is an :attention of all elected and a urgent problem that demands a and in both Ppointed officials at ll the local Jurisdictions before any other i3gUeecr~nabe level addr©ssed suceeesfullq, I see no si be given ggrious oonsidoration a gas that this inter ration Nill , Bain "not in ray lif etimc". The best example of the most effective lac. hzive observed in the past_was that oY the Now SouthoHalesnStatQt Police in Australia. That elites I }'ems' o+all and Has accountable to all~thPional organiz$tion Hocked .:not ~us.t a cho~on few in Sydne Po°ple in New South Waiea, y or anY oY its many subuzbs. Yours sincorely, . CORY to Melba Lt+ncsy, DCA i l ~ (~ I -4rd Association 12? Cardinal bxive Extension . Z~ Wilmington, NG 28405-3845 ~-o-~ d~----- !.i-cam' ~.e. ~'`,...~- ~~ ~JO~ B • Horne. (91 Q1) 452-2014 ~~1h15~ ~ 1 9 1996 NFW N~NOY~ 6D. OF GY~MMISSlONE7~ This page. intentionally left blank 18 t 0 i~ ~, C] lJ [] . REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: 8 Consent Item #: , Additional Item #:. Department: Presenter: Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Coastal Resources Commission -Solicitations for Nominations. BRIEF SUMMARY: New Hanover County is eligible for one nomination in each of the following categories: Coastal Engineering, Marine Related Business, Local Government, At-Large. The deadline for nominations is June 1, 1996 RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: ~ederat S: State S: County S: User Fees S: Other S: ~loncy Is In Current Budget: New Appropriation Request: 3udget Amendment Prepared: REVIEWED BY: ~LGL: FIN: BUD: HR: ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider making nominations. G~~ ~~~. ~PP~t~V~D ~ ,~ ~cl-~ u-~ R~JECY~~ q s~; ,. ~ RE~wo~r~Q o 19 POSTPQ~t~D E DATE 3 20 (q f Refer to Office Vision $ulletin Board foi Disposition --~. -~;~ `C` ,. .. ~`,~i`.,~'~` . STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27603-8001 JAMES B. HUNT JR. GOVERNOR April 30, 1996 The Honorable Robert G. Greer, Chairman New Hanover County Board of Commissioners 1218 Country Club Road Wilmington, North Carolina 25403 Dear 1~Ir.Greer: °~ ~c~~a~ .. ~Y 0 3 1996 NE~V HANOYER ~ This is to advise you of upcoming vacancies on the Coastal Resources Commission and to = solicit nominations from your local government for appointments to fill those vacancies. The Coastal Area Management Act of 1974 sets forth the specific qualifications that these nominees must meet and a very detailed procedure that must be followed in making the ' appointments. The qualifications are designed to provide the Commission with knowledge and e:cperience in a diverse range of coastal interests. A copy of these provisions, G.S. 113A-104, is enclosed for your convenience and I urge }'ou to review it carefully. The Coastal Resources Commission provides oversight for implementation of the state's coastal program. It creates policies and rules governing land use planning, beach access, and development in designated critical environmental areas. It also hears appeals and variances that may arise from permit decisions. The Commission meets for several days every eight weeks, usually in a coastal location. , I trust that you will give careful thought to nominating persons with the interest, skill and dedication to make an important contribution to the Commission. Prior to submitting a nomination, please contact your nominee and be sure he or she is willing and able to devote the time necessary to serve, as the law mandates regular attendance as a condition of Commission membership. In making your nominations, I encourage you to give particular attention to suggesting the names of qualified women and minorities. The one vacant position and the eight members of the Commission whose terms expire on June 30, 1996, their county of residence when each was appointed, and the category each represents are as follows: 1. Eugene B'a, ~~o~ ~.1~~ so~n'~.~J~~„~' B ~i~;%i ~''~Ii~k County, Coastal Engineering 2. David A. Adams, ~Vra+ke: i49ounty~~~at,Large ~ rg,-yaoa +~ or ~:~k+ 2 0 yy~~~..~py ~E~ LL +~.Jp~. !9a`a~ °~g' ~d~J L X47 kJ{~c~# 1' ~,«Pr g^ :~° ~ ~"J~~'yk+i~J 4~Lw~"^Y~ t The Honorable Robert G. Greer Page 2 ' April 30, 1996 3. Mares ret A Griffin .ell Coun Local Government ba , ~ tY, 4. Richard J. Hargitt, Lenoir County, At-Large 5. T. Erie Haste, Perquimans County, Marine Related Business 6. Paula Kirby, Onslow County, Coastal Land Development Financing 7.: John Spence, Pasquotank County, Coastal Agriculture . 8. J. Tim Thornton, Pasquotank County, Coastal Land Development 9. T. Baxter Williams, Currituck County, Local Government (Vacant) i ' -..Each county is allowed by ]aw to make four nominations for the seven vacancies. The ~. nomination categories assigned to each county and the counties in which the nominees must reside are set forth on the attached list. Each municipality may make one nomination in whichever ,category they choose. Please be. aware that the law specifies that members in all categories ; available for nomination, except the at-large position, shall be persons who do not derive any significant portion of their income from land development, construction, real estate sales, or lobbying and do not otherwise serve as agents for development-related business activities. Your nominees do not have to reside in your particular county, but, they must be from the counties designated on the attached list. The counties not designated have a resident currently ; serving as a Commission. member in one of the nomination categories. , I have enclosed a nomination form for your use. Pleasa complete the form and return it by June 1, 1996, to Ms. Jan Parker, Office of the Governor, 116 West Jones Street, Raleigh, North ~ Carolina 27602-8001. I hope that you will join me in efforts to insure the continued success of the coastal program by giving of your time and interests to assist in selection of the next members of the Commission. Our coastal resources are critically important and. only through the nomination and appointment of a highly qualified and dedicated commission members can we be assured that these resources will receive the protection they deserve. Thank you for your help. My warmest personal regards. ~' cerely, a James B. nt Jr. ~ JBH:rns Enclosures I cc: ~ Manager NOMINATING CATEGORIES - 1996 ROTATION Coastal Engineering Marine Coastal Local At-Large • Related Agriculture Govt • ..Business 1. Beaufort _ X ' X X X 2. Bertie" X X ~ ~ X 3. Brunswick" X X X X 4. Camden" X X ~ X X 5. Carteret X ~ X X X 6. Chowan" X X X X 7. Craven X X ~ X X 8. Currituck" ` ' X X X ~ X ~ ' 9. Dare X X~ . X X , 10. Gates" X X X X 1t.Herttord" X X ~ X X 12. Hyde" X X X X 13. New Hanover ~ ' X - X ~ ~ X X 14.Onslow" ~ X . X X X 15. i'amlico X X X X 16. Pasquotank" X X ~ X X 17. Pender" X X ' X X ' 18. Perquimans" - X X X X , 19. Tyrrell" X X X - X 20: Washington" X X X X Each county may submit up to four nominations, one. in each of the categories designated above. Each municipality may submit only one nomination and it may be in whichever category they choose. Each nominee must reside in one of the counties designated by -"- above. There is no requirement that the nominee be a resident of the same area as the local government making the nomination. 22 .. .. _ - ~ 113 ~-108 ?OLLLTIOX C0~-~OL, ETC. CH. 113A. X113 ~-106 ~ ~~ vacant u on failu.Te by a m°-rnber c. 482, s. 8; 1977, c. any seat on the Comrni=_sioa to -~~ 1916 1; = ` , ,os. o perform this duty. (1973, c. l__ 1989, c. 606; c. 727, s. 1; 2 t s 93 . , . -, 77.1, s. 4; c. 486,.ss. 1-6; 191, c. 2.180)•) Section 2 of S_ssicn 1st ta.-ee senunces of the last pa: a- ' e Dote. - Editor Lsa•s 1989, e. 506, pro~-ides that ~e~• t;:ap`~. sion I-aR•s 1964. -- s S • e ~ .e es `. so s bs.irlt.ed "Ea d- be:-s. serr-inB on the Coes:gl R Co~-ssion on 3une 29. 1959, ab•~1 b'e e5ec:ive July 1, 1969. .Health, aad I~ia~al Rr u their res;~'-r~`'e ro~tnt l . , c elibible t,o carsp " for "I~arural ResoL.-ces end u-~s . soy`-,es end.meats. - S'-~i:n ,~,;ty Develop eat" ~ eubsec:io:l Co.:.~' . £{fect of ?.m eae~ive Jt_.e ??, l,.aa's 19E9, c. 506. re=L^- (a1. II (Cl t= K• , 1q~9 _lII 6Ub9C{t10 set firs: pa.-agrapl:: vd add~j't=e pre . CA5£ tiOTES • ...a Cz-~?:na Dept of \ar.:.ra] Resat::ces 3;1 \0-:5 Cz~•' 01 • ' . . - ~•v.De•:.. 60 ?~.C. App•, ~:alzd in zdz~s . ~ De?': of \a:•.::zl r• c o.^.o~ ic0~ (~ - _' ' _.-.:d lOS ~(19Sol. 1:~c::aE CO. ~'.: ~:1 Ad~-isory ' o CeS 113A-10~. Coastal Resaul council d he i ab d § ~ _ . es~ ~. °_, • .-_;,•; created zn (a) Crewion: --= Th-+ - is =- - Council. Ad~•isory • ~ R'-so"sc'; the Coal:_1 to be 1~no•^~' ?s - ~ ,-;;°--; Council shill consist of nog ° °~ mated zs follows: °'0L' ~'' -' i d or d ' ._ - ~ from among . more than 4 i memb°r. a,o-:n= }•. the Secretary =:.ated b di~-iduals ce i • ~' - n o (1) T•~ m_nt; _th~ emplo}•ees of c`s D°~'-~ t of Economic and Corr- = .__, D_-:~~::. n (lal The Secreta~, of :..: a- ~ . ee' r 1~s d_-i i ' . . :_-: c o~- mc::i:~. De.;° ~ ,- -~e;a of Ad.rninatration or n's The Secretz:~• o tion aid t a de~'`i1ee' ,' _ D_:,a}:^,.ent of Tra^s~o' and one adn~tior.al rae:n- Th_ ,--.1ee '~ _ , b•• ;,; _. •^, c~ r.is Depa.-:ment, .~ ber selected • . (~) The State Health J.recto=; _° T , desi=-nee; h:s , o. (8) .The Comrnasioner o: AL:icult..._._ _ D,..~,r,,er,t of Cultural Resources or f tr : ' : -r Secretary o (6) The - his designpe; four multi-count}• planning f th e he lez3 (7) One m~mb°r iron each o l 2: ea to be apaointed by t dis~-icts of the coz::mi regional agency of each district; + ° i ~ z the coas`.z! ~un~i ^ ~' _ .e c --- °~ch of t. (B) One represe::`..y:i~•°_ =^-.- d b the respective boards of county ` -? area to be desi~na comm-fission°_r s; (9) No Wore than eig;~t additional members atedebe the1Comf design Y nd to b .. cities in the coastal zez a mission; °l the Commission a•ho are ma- embers s_._~~ed b}• (10) Three m nn_ scientists or tecnnolo?ists; h direc`~r selected by the l t (11) One member mho is a local hea ndatio s° ' ' ss s e or re re= t - Commission upon t Counc l shall a lne Adti-isory ctioas and Duti_s. - (c) Fun ° •,,- of Administration in an advisory nd the S_cre._._.y the Secretary a ~, capacity: 60 1 23 l :; ,• ~113A-10~ C_^:. 1:3,. PO'? (:TIOti C0~-TiOL, ETC. §113A-10~ si~niflcant portion of their income from land development, con- struction, real e;ta`~e sales, or lobo\zr.g and do not other~~:se serve as agea+s for development-related blsiness acti~Zties. The Governor shall require adequate disclosure of po`~ential conflicts of interest by membAr;. T'he Governor, by executive order, shall promulgate crite- ' ria regzrciing conflicts of interest end disclosure thereof for deter- - miffing the eligibility of persons under this section. _ (d) Irominations for hiemaership. - On or before 14iay 1 in e~•e:}• even-numbered year the Go•: ernor shall designate and transmit to - .'• the board of commissioners in each county in the coastal area four nominating cztegories appli=able ta~that county for that yeas. Said • nominating' cztegorie; sha?1 be selected by the Governor from .. among the categories represented, respectively by subdivisions (1), (2), (3), (~), (d), (~)~ (d). (9). (11) - tu•o persons; and (12) - tK•o person_=, of subsection CD) oC this section (or so many of the abcvF- . 1;~•,,Pd D,~ a=:-anhs as i;:s•: co:. c;pond t.o •~ acancies by expiration oC tercel Lnat z*e subi'ect to bejr.; it?lec jn that year). On or before Ju.*:e 1 1:^. e~•er) e\'~n.nu~lb~r°-d \'"-r L"°_. DOZ_~d of coP~-rrllssjoners of eaC:1 count}' in the coastal area shall nominate. (and transmit to the: Governor the na:-ne; ofJ on. q:: a?i~led person in each of the io~r no-li:,asing categoric; that •~ as de_i erred by the Goti'ernor for LhzL CO'~nL\' IOr Lhct ~~_a-*'. In d__:tea:'_^; n0~lnating Cate~Or ley IT0-1 biennium t,o biennial:., Lhe G9\•e nor shall equitzbly rotate said ' Cat2~0ile; a-TilOilg Lh° covert; CO'_.'.:i°_S OI L.Re,C02st21 area ~ In hi; juc~ _nt 'r.e dee^s be_.; and he s _?1 a;sib., es near as ma}• be, an o•:i] n',u::Dcr~Oi nOLTlln°e5 tJ eaCn n0II1:naLing C.at.eg0i}' and ;Hell a_=i=.,-1 in h;_ b'--t jud=,1e;]t.cny excess zbove such even r.u:nber o? n0 ~!'.":°-°--. On G' }J_i0'e Jull° 1 1'.1 eL'ery even-nu_*nbered yea.' LI:•°_ °r-~~..- body oC ea•-h i::cc~orated ci:}• Kithi';i L'ne coastal ar ez- sl:2?1 r10:3:nG:.2 a::d .rG"'Cril+. ~ li]°_ GO~'6_ilOr llle II' ~ e O1 One p~•- ;On a= Z P.Ohin°_°- t0-tP.e C.O-='.:S-1-n. lT1 n:a.~li7j nOiP'ilaL10^.S, Lr:° DO?.rC; Oi COlinL\' C0~::1==10=:"S a^d Cit;' g0~•eirung bOQle; ;::all e^.~°_ Ci_`? CO^.;i0_Ia::Or: LO t.^.= a0 ~i~:1Gil Ot K'Olne.^i 2?]d :i11r10'1:1°_:.. Tr.°_ CO':e:alOr ;na?1 cDp01::: » De130^S ITOm arl0ng Said C1:~• al'.C cour.:•, no-^ine_s to Lne Co ~_:=_:on. The se•:eral boards of coast. CO^i?:i5S107°_'= a_-ld Ci-_': c0\'°--~~b•- D~-•'°~ c11211 Lra^SWIt Llle P.2i::°_=, ader__:e-, and a bllel su.-n:n_:': oC =he aaaliflcations oC their ro:~:l- ne_s to the C~•:°ernol on or b_fore Ja.^.e 1 in each. even-nal-Ilbered ~.°~ Doi-j-1~.;')_ 1~ ~~'j/z; Dr0••i.^.°_u~ :r:at the G9':ernor, b}~ rem sereA - Or Cei lil°_~ Ii:ail, ;ha?1 nOtli\' :he C: aiim2..t1 Or th°_ ma}'OrS 02 the Sald local 2o\•erning boards by M~': 20 in each such e~•en•nul-nbered year Of :he Qatle; OI local g0\'ern~., DG .r~-S Lnder this 6entenC°_. II an\' by and of C0~"nl;_10r,er; Or Cl:y k0\eI"'+-III body faits to transmit lt.; •• ° ~•e-nor b June 1 the Go~•ernor ma}' ' list oC nomina~lons tJ th_ G~ : Y add to the nominations a list of aualuled nominees in lieu of those that F•ere not transrniL~,ed by the board of commissioners or city go~•e wing body; Pro~-ided ho•~•ecer, the Governor may_not add to the list a nominee in lieu of ogle not transmit7.ed b}• an incorporated city h-it'tun t.ne coastzl area that neither has a population of 2,000 Or mole nOr 15 COnt1gUOLLS :+7th the Atlantic Ocean. within th°_ meaning of this section, the "go':ern-ing body~~ is the mayor and council of a city es denned•in G.S. 1.60-66. T'ne population of cities shall be deteririnad eccording to the host retest annual estlnl,at.es of population as cep itied to the Secretzry of Revenue by the Secre- ' terry of Administration: y~ 24 ..' _ ~ ~ REQUEST FOR -BOARD ACTION . - ~ ~ Meeting Date: 0~/20/96 - . Regular Item ;*: 9 Consent Item #: Additional Item #: 'r ~ ~ . ' Department:: Legal Department ~ Presenter.: George Rountree .Page Count In Agenda Package. 4 Contact:. Kemp P. Burpeau SUBJECT: Riparian Corridor Encroachment Agreement. BRIEF SUMMARY: ~ . Sigma Recycling requests that the Countyallow it to place a vessel in the waters adjoining a County . parcel situated on the Cape Fear River. The proposed agreement.has a $300.00 monthly payment . to the County, names the County as an additional insured on commercial liability coverage, and'. indemnif es the .County for any resulting liability. The County may cancel the agreement at any trine that Sigma fails to comply with the terms-and conditions. ~ Please note that no performance bond or other surety is provided. However, George Rountree, counsel for Sigma, presents that the viplation of any Federal, State, or County law or regulation will authorize and ermit the Coun P tY tonotify the Department of Defense to remove the subject vessel(s). ~I ~ ~~ ~. RECOMMENDED MOTION AND REQUESTED ACTIONS: . .Consider agreement a royal. PP ...FUNDING SOURCE: Federal S: State S: County S: 0.00 User Fees S:~ Other S: Moriey Is In Current.Budget: New Appropriation Request: Budget Ameridritent Prepared.:.. - REVIEWED BY: LGL: APP WCOPLEY FIN: N/A BSHELL .BUD: N/ACGRIFFINHR OUNTY MANAGER'S C .MME AND RECOMMENDATION -. Consider approval of agreement. ~, APPR®V~fl ~~ R~JEC7Ep ~ - ~ RE~rovEa r~ ~ 2 5 l ~~~ Refer to Office Vision Bulletin Board for Disposition DRAF?'~ STATE OF NORTH CAROLINA RIPARIAN_CORRIDOR ENCROAC~DTENT AGREEMENT COUNTY- OF _NEW HANOVEF2 _ _ ._ __ This Riparian Corridor Encroachment Agreement .is entered into , between "Sigma Recycling, LLC,- a North Carolina -Limifted Liability Company ("SIG2JLA"), and the Board of Commissioners in New Hanover ~ ~ County ("the Board"), describes the conditions under which the Board authorizes SIGMA to encroach upon the Riparian Corridor abutting land owned by New Hanover County immediately adjacent to the S'IGMA' land on the westbank of•the'.Cape rear River in New Hanover County,, .North Carolina. , l.~ TERH: The term of the encroachment shal'1 begin on 1996 and expire on 1996. If SIGt~tA perceives a need for an .extension of .the' expiration date., SIGt~iA shall make application to the Board, attention its County Manager at least 60 days prior to the expiration of the term of this Agreement. The Board is under no obligation to extend the term; however such recruest shall be considered, if timely presented. 2. ENCROACF~NT FEE: SIG~~.A shall pay encroachment fee of $300.00 per month, payable -on the first day of each month in advance during the term hereof., as-that term may be extended. .The encroachment fee for the first• month of the encroachment shall be prorated and paid by the close of business on 1996. ~. - - - All further payments for.-additional months of this term, as - extended, will be made by the fifth of each. month thereafter. _ 3. INSURANCE '~~SI~GM~~'sh~.11 maintain public liability ,,:~_ '~J _., z7 'Vid 5.t 1` insurance coverage for bcd'i1~~~"`'injury and property damage with a ~t ~« ? ~,~, ,. ~~< ~~imum limit of $1,000,000 X00 co~~~ring the vessel or vessels which a f z, - e4Zr 3 "_~ -a~ yr ~r a'. .encroach pursuant, to this agreement with a minimum limit of $1,000,000.00 U.S. SIGMA shall provide the Board with an ~~ appropriate certificate of insurance reflecting New Hanover County and the Board of Commissioners of New Hanover County as additional ~~ named insured under the subject policy or policies. 4. INDEMNITY: SIGMA agrees to indemnify and hold New _ Hanover County and the Board harmless from any claims, claims for relief, debts, demands, judgments, and liabilities arising in any .way from the encroachment of vessels placed by SIGMA in the ~• encroachment area. This indemnity specifically includes the attorneys fees and reasonable expenses of the Board in defending against any such claims or paying any such demands, judgments, i obligations, and liabilities as well as the attorneys fees and reasonable expenses of the Board in prosecuting its claims for indemnity hereunder. . 5. CANCELhATION OF AGREEMENT AT THE OPTION OF THE BOARD: The Board reserves the right, in its sole option, to cancel this •' .Agreement at any time if SIGMA fails to comply with any of the terms and conditions of this Agreement, or otherwise fails to comply with any applicable Federal, State or County law or regulation. Notice of such cancellation shall be deemed to have been served by posting a letter conveying such notice addressed to SIGMA, 2419 Market Street,. Wilmington, North Carolina 28402, ~. Attention: George Rountree, III, Esquire. After receipt of such notice,. SIGMA agrees to cause the vessel or vessels then r encroaching upon and within the Riparian .Corridor adjacent to the t 2 27 0 land of New Hanover County Corridor within seven (7) availability. IN WITNESS WHEREOF , tt' Agreement to be executed in appropriate authority this _ to be removed f days. subject to ~e tiarties_ hereto their respective day of rom such Riparian weather and tug. have caused this names pursuant to 1996 . NEW HANOVER COUNTY (SEAL] ATTEST: By. Robert G. Greer, Chairman Board of County Commissioners Clerk to the Board [CORPORATE SEAL] ATTEST: Secretary •SIGMA'RECYCLING, LLC By: _ Title: This instrument has been pre- audited in the manner required by the Local Government Budget and fiscal Control Act. APPROVED AS TO FORM: County Finance Director 28 County Attorney 3 B ,~ 1 1 1 1 1 1 1 1 1 1 1 1 i STATE .OF NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this"day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its ;Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and notarial seal, this day of 1996. Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public, certify that personally appeared before me this day and acknowledged that (s)he is Secretary of Sigma Recycling, LLC, a 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 corporate seal, and attested by him/herself as its Secretary. WITNESS my hand and notarial seal, this day of 1996.. Notary Public My commission expires: 4 29 This page intentionally left blank 30 r Q 1 ~~ W C1 REQUEST FOR BOARD ACTION Meeting Date: 0.5/20/96 Regular Item #: 10 Consent Item #: Additional Item #: Department: Legal Department Presenter: Ogden VFD/Fig. 8 Island Homeowners Assoc. Page Count In Agenda Package: 9 Contact: Wanda Copley SUBJECT.: Proposed ownership agreement of the Porter's Neck Fire Substation. BRIEF SUMMARY: The attached contract to convey the Porter's Neck Substation would create a co-ownership between New Hanover County and Ogden VFD. Under the proposed terms, ownership percentages would be reflected according to respective contributions, except that New Hanover can never acquire more than a 49% ownership. Should a partition ever be necessary, Ne~v Hanover County must buy-out Ogden at a rate of 12~% of Ogden's ownership valuation. New Hanover County would also have to replace the usual one year outside funding contract by giving Ogden a five year performance standard based arrangement. Contribution schedule (Exhibit A) will be added after negotiations. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider acceptance of Ogden's offer and approval of associated budget amendment. #96-0213. FUNDING SOURCE: Federal S: State S: County S: 77,500.00 User Fees S: Other S: Money Is In Current Budget: no New Appropriation Request: no Budget Amendment Prepared: yes $60,000 is in current budget REVIEWED BY: LGL: APP WCOPLEY FIN: APP BSHELL BUD: APPCGRIFFINHR COUNTY_MANAGER'S COMMENTS AND RECOMMENDATIO Consider contract and approval of budget~amendmerit #96 13. COUNTY COMI~ISISIQN~$ APPROVEp i~~ , REJECTED :Q. ~ ~ ~~~ j ~~MVVEt~~ ~7 ~ ~. - - . ~ POSTFQN ~~ '~AT~ z ' ice Vision Bulletin Board for Disposition 31 DRAFT New Hanover Contract No NORTH CAROLINA AGREEMENT 'NEW HANOVER COUNTY ~_ . THIS AGREEMENT, made and entered into this the day of , 1996, by and between Ogden Volunteer Fire Department, Inc., anon-profit corporation organized and existira under the laws of the State of North Carolina.with its principal place of business in New Hano~,, r, County, North Carolina (hereinafter referred to as "Ogden"), and New Hanover County, a body politic. subdivision in the State of North Carolina (hereinafter referred to as "New Hanover County") . WITNESSETH: WHEREAS; Ogden owns acertain-tract or parcel of land lying and being in New Hanover County, North Carolina, and more particularly described in a Warranty Deed recorded in Book 1808 at Page 112 of the New Hanover County Registry, reference to which is hereby made for a more particular description; and ' WHEREAS, Ogden desires to construct, operate and maintain a fire station on the aforementioned tract or parcel of land, and New Hanover County concurs with and supports Ogden in their efforts to construct, operate and maintain said fire station; and WHEREAS, the parties hereto have entered into, and are mutually bound, by a "Independent Contractor Funding Agreement" which has been designated as New Hanover County Contract No. 9~-0338; and WHEREAS, the parties hereto desire to continue with their contractual arrangements that allow Ogden to continue as a volunteer fire department and to serve certain residents of New Hanover County with effective firefighting services and are committed to modify their contractual arrangements in a mutually satisfactory manner and have agreed .to negotiate at least a five (>) year performance based contract; and ' WHEREAS, the parties wish for the validity of this Agreement to be expressly conditioned upon the execution of the new multi-year performance based contract being successfully negotiated and executed; and WHEREAS, the parties hereto acknowledge and recognize the benefits to the citizens ofNew Hanover County residing in the area to be served by a new fire station on~the above=descrnbed,tract or parcel of land, and as such, New Hanover County is desirous of contributing~su~ms towardt.the truction of said fire station and in acknowledging Ogden's contributions fothep~re~ ntwalue e tract or arcel of land• and ~~' ~ ~~ ii~~''~ r`~ r ~ *'ispd~a `C e~'~a4'U ~ ~~gc,p~R tip-'~,i~zl~.°1,+-'`.~xS>:73`"..~yy,l ~*°s~:al3Z>±~,~:] c'.~~V'+F " a WHEREAS, the parties wish to create a tenants in common relationship in the ownership of the tract or parcel of land, and the fire station to be built thereon, and that each party's respective percentage of ownership shall be determined the percentage that each party's contributions relate to ~` 'the total value of the tract or arcel of land, with the fire station constructed thereon; and P ~, ' WHEREAS, this documents serves to set forth an equation for the implementation of the provisions contained herein, and for the determination, after the construction of the fire station and the issuance of a Certificate of Occupancy, of the percentage of ownership interest that each parry shall have in the tract or parcel of land with the fire station constructed thereon; NOW, THEREFORE; in consideration of the mutual promises and covenants contained herein, the parties do hereby agree as follows: - 1. The parties shall be tenants in common. The parties hereto-shall take all actions necessary to create a tenants iri common relationship in the tract or_ parcel of land and in the fire station to be constructed thereon. Each party's ownership interest will be finally determined, in • accordance with the formula set forth below, after the construction of the: fire station is complete and a Certificate of Occupancy has been issued. e; 2 Formula to determine percentage of ownership. The parties hereto agree that the -4, percentage of ownership to be acquired by New Hanover County shall be as set forth below.. However; Ogden shall retain not less than afifty-one percent (~ 1 %) ownership interest in the certain ~! tract or parcel of land with a fire station constructed thereon. New Hanover County will not acquire greater than aforty-nine percent (49%)-ownership interest in the certain tract or parcel of land with afire station constructed thereon. The parties' respective ownership interest shall be fixed as follows: a. Valuation of Land. The parties shall undertake an appraisal pursuant to the appraisal mechanism set forth in Paragraph 9 below. The value set by the land appraisal shall be deemed the value of Ogden's initial contribution of the land. b. Valuation of the. Completed Building. The constructed fire station shall be valued by the actual costs of construction. c. Percentage of Ownership. Ogden's percentage of ownership of the certain tract or parcel of land with a fire station constructed thereon shall be determined by the percentage which the appraised value of the land (which is Ogden's initial contribution described in subparagraph 2(a) above) and Ogden's contributions to the cost of constructing the fire station relate ~' to the value of the land and the total construction costs. New Hanover County's percentage of ownership of the certain tract or parcel of land with a fire station constructed thereon shall be determined by the percentage which its contributions to the cost of constructing the fire station relate to the value of the.land and the total construction costs. Thus, using purely hypothetical numbers - as an example, if the appraised value of the land is.determined.to be Ninety-Thousand and No/100 ~, 2 33 Dollars (~90;000.00) and the fire station costs One Hundred Eighty Thousand and No/100 Dollars ($180,000.00) to construct and Ogden and New Hanover County eachcontribute Ninety-Thousand and No/100~Dollars ($90,000.00) to undertake this construction, then Ogden shall own two-thirds (2/3) and New Hanover County shall own One-Third (1/~3) of the tract or parcel of land with a fire station constructed thereon. 3. Assumptions. The parties hereto .are proceeding upon, at least, the following assumptions: a. That the construction of the fire station «~ill not be subject to bid requirements set forth in N.C. Gen. Stat. § 143, as Ogden presently owns one hundred percent (,100%) of the land and shall retain, at all times, at least fifty-one percent (51 %) of the land and the fire, station to be constructed thereon. b. That ad valorem taxes shall not be imposed because all conveyances required herein shall be made to New Hanover County, an exempt entity under the Machinery Act: 4. C~nstnaction. Ogden shall undertake all construction activities necessary to construct and build a fire station on the subject tract or parcel of land, using reasonable skill and attention and construction work ~i-ill comply with all applicable building codes, laws and regulations. Except for delays cause by factors that are outside the control of Ogden; the Construction activities will be substantially completed on or before twelve (12) months following the execution of this document.. Ogden shall - be solely responsible for and have control, over construction .means, methods, techniques, sequences and procedures for. coordinating ail portions of the construction work. Ogden . shall provide l~Tew Hanover County with .access to .the work,.preparation and progress wherever . located at all reasonable times. Ogden shall prepare and complete adequate plans and specifications for the construction activities contemplated herein, and Ne~v Hanover County is hereby given the right to approve the same, except-that said approval may not be unreasonably withheld. ~. When and how contributions shall be iven. The County shall contribute and pay to Ogden any funds that the County Commissioners have authorized to so contribute for this project pursuant to a mutually agreed upon schedule, which is attached and incorporated herein as Exhibit A. 6. Future repairs maintenance and capital improvements. All future repairs, maintenance and capital improvements shall be paid by both parties in accordance with. their respective ownership interest in the land and fire station. 7.' New Performance-Based Contract. The parties agree to negotiate a new contractual arrangement for, at least, a five (~) year period. This new contract shall require Ogden to achieve certain performance standards and will prohibit New Hanover County from terminating the contract so long as Ogden satisfies those standards. The parties have entered into. this Agreement based upon the assumption that the new multi-year performance based contract will be negotiated and 34 w consummated. Accordingly this Agreement is expressly conditioned upon the successful negotiation and execution of the multi-year contract ~i~ithin 180 days of the execution of this Agreement. ~, °' '` 8. Termination. U on termination of New Hanover County Contract No. 9~-0338 as P ( modified or supplanted by the new multi-year performance based contract to be executed by the parties) or upon the institution of any proceeding for partition of the parties' ownershi~~~terest in the subject property, New Hanover County shall pay one hundredtwenty-five percent%)~of the then-appraised value of Ogden's interest in the land and fire station. The value of the land and fire ,~ station shall be determined in the manner set forth in paragraph 9 below and shall be a present value ~~ determination. Ogden agrees to convey said interest to New Hanover County upon receipt of these funds. It is understood by the parties that no partition proceeding may be undertaken unless and until the New Hanover County Contract No. 9~-0338 (as modified and supplanted by the new multi-year performance based contract to be executed by the parties) is terminated. ~!! 9. Appraisal mechanism. At any time a valuation must be undertaken under this Agreement, each party shall designate one (1) disinterested appraiser, who shall be qualified as an MAI appraiser or who will have other qualifications acceptable to both parties. Each designated appraiser shall then conduct an appraisal, and the average of the t<vo appraisals shall determine the applicable value. Each appraiser must submit his/her conclusions in a written report; using accepted .~; ap_praisal and valuation methods, and said report will be promptly supplied to the other party. -~ 10. Conveyance ~v General Warranty Deed. Once the fire station is completed and a certificate of occupancy is issued, the parties shall promptly determine the respective ownership interests in the land and fire station using the formula set forth above. Then, Ogden shall convey to New Hanover County, by General Warranty Deed, New Hanover County's ownership interest in the ', ' tract or parcel of land upon which the fire station has been constructed, together with and subject to any and all encumbrances and easements of record. This Deed shall contain a restriction that the property shall be used only and solely for maintaining and operating a fire station thereon. This !~ restriction shall remain in full force and effect so lon as 0 den continues too erate and maintai g g P n afire station at that location, or until the parties agree, in writing, to a different arrangement. 1 1. North Carolina law governs this Agreement. This Agreement shall be interpreted and governed by the laws of the State of North Carolina. ~' 12. Entire agreement. This Agreement contains all the terms and conditions agreed on by the parties with respect to the transactions contemplated, and shall not be amended nor modified except by written instrument signed by all of the parties. 13. Counterparts. This Agreement may be executed in any number of counterparts, each --~ of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this instrument to be signed and sealed 1 4 35 by the duly authorized officers or agent s as of. the date and year first above written. NEW HANOVER COUNTY ~, [SEAL] . By: ~-- ATTEST: Robert G. Greer, Chairman Board of County Commissioners ~' Clerk to the Board ' OGDEN VOLUNTEER FIRE DEPARTMENT [CORPORATE SEAL) By: ~- Title: 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:. County Finance Director County Attorney • . • . . ~• L 36 - 5 1 1 1 STATE OF NORTH~CAROLINA NEW HANOVER COUNTY .I, , a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. WITNESS my hand and notarial seal, this day of My commission expires: NORTH CAROLINA NEW HANOVER COUNTY Notary Public 1996. I, a Notary Public, certify that personally appeared before me this day and acknowledged that (s)he is Secretary of the OGDEN VOLUNTEER FIRE DEPARTMENT, a 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 corporate seal; and attested by him herself as its Secretary. WITNESS my hand and official seal, this the My commission expires: day of Notary Public 1996. x ~ ~ r ~; ; ~~~: ~ .~~~~~~r~ ~ ?~i + .. ~~, ~. ~,~. Budget Amendment DEPARTMENT Fire DistrictlFire Departments ADJ[JSTMENT Fire District/Fire Departments Appropriated Fund Balance BUDGET AMENDiyIENT # 96-0213 Ogden Volunteer Fire Department ~~PLANATZON p.ATE 5/20/96 ~ 17,600 To appropriate 517,500 of Fire District fund balance for additional funding for the Porter's Neck Substation (560,000 was included in the FY96-96 budget). The contract to convey the substation tvtll create a co-o~irnership between the County and Ogden Volunteer Fire Department. ~~ ', APPROVED REJECTED D ~ ' R~Et~i~.a'.%ED ^ 3 8 - ~POS-r~~~1r~D ^ EiATE - s ~ i a ~G~i~ ~ 17,600 For Budget Officer's approval; then report o Commissioners at next regular meeting and enter in minutes. To be approved by Commissioners. To be entered into minutes. w 1 r ~: ,1 REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: 11 Consent Item #: Additional Item #: Department: Property Management Presenter:. Dave Weaver Page Count In Agenda Package: 5 Contact: Winfred Simpson SUBJECT: Consideration of Request to Increase Rental Fee for Assembly Room of the Old Courthouse or Discontinue Policy of Permitting Use by Public BRIEF SUMMARY: The City of Wilmington charges $700 for the Council Chambers at Thalian Hall. Our present rental structure allows for little or no profit because of the cost incurred from wear and tear on the building and the extra salaries paid for after-hour events. Certain functions require that the floors be re-stained several times a year. This usually requires t~vo days to complete and, depending upon the schedule must be done after hours. The building is in demand because of the low rental cost; however, this also puts additional demand on the electrical and mechanical systems; particularly, the HVAC system. Attachments: Policies & Regulations (page 3 -Item #24 -Fees) Memorandum -Revenue (Rental payments - 199-96) RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend increasing'the rental fees to $700 for all events br discontinue renting to the public for private events; i.e. receptions, parties, weddings etc. FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider termination of renting .the Courthouse fo r ate events or increase rental fee to a level that will pay for wear and tear, and staff time. ~ - . COUNTY COMMISSIONERS APPROVED [~''w;/I Des 'ncc~ re..~h`~q~ REJEeTED D" _ , ~~ ~'~~ REMOVED l7. PaSTPON~D Q Refer to Office Vision Bulletin Board for Dispo~~ `5 Z G / ~~'~;r:.~ WIYFRED SI,~IPSON Director JERO~[E FE~`'~ELL Assistant Director NEW HANOVER COUNTY PROPERTY MA~~IAGEMENT 220 DIVISION DRIVE WILivIINGTON, NORTH CAROLINA 28401 TELEPHONE (9/O) 341-4330 _ FAX (910) 341-4082 RESERVATION AND POLICY AGREEMENT FOR RENTAL OF THE HISTORIC COURTHOUSE ASSEMBLY ROOM The Assembly Room of the Historic Courthouse, Located at the corner of Third and Princess Streets, may be ,utilized by responsible organizations and individuals pending availability and acceptance. The basic rental fee will vary depending on the type of activity. Available with rental of the room are 225 chairs. Sound reinforcement equipment, tables, etc., are not provided. The Rental Client is responsible for leaving the premises as found. . For private receptions and similar events, a S150.b0 security/damage deposit, payable to "New Hanover County", is required to reserve the Assembly Room. In the, event of cancellation at least 30 days prior to the event, ail but S25 is refundable. In the event of cancellation less than 30 days prior to the event, the deposit is not refunded. Rental fees are due in full prior to occupancy. The deposit may not be applied toward the rental fee. The deposit will be refunded within 30 days after the event provided all rules have been followed, all fees have been paid, and there has been no damage. PRIVATE INDIVIDUAVCOMMERCIAL BUSINESS NON-PROFIT GOVERNMENTAL, EDUCATIONAL, CIVIC, CULTURAL NAME OF ORGANIZATION CONTACT PERSON WORK TELEPHONE HOME TELEPHONE MAILING ADDRESS - TYPE OF ACTIVITY DATE (MONTH, DAY, YEAR) OF ACTIVITY, SET-UP TIME EVENT END TIME CLEANUP COMPLETED BY EXPECTED ATTENDANCE ~_ WILL ALCOHOLIC BEVERAGES BE SERVED? ~' 1'~~~~ 40, NOTE: CHAM~F~AGN;E'~V1JI~N~E OR BOTTLED/CANNED BEER ONLY ~~~NO~HEARD~`,pnLt{cIQUOR OR KEG BEER ~ ~,.,,~ c ~ 4 ~'rt, ~, . P~LEASEEV,{~EW~A~N-D~~I.COMPLETE OTHER SIDE OF FORM EVENT START TIME ~~ ~- 1 ,~ ,~, ~., ~1 ,~ ~~~ a ~~5 A f 1 1 IS FOOD AND/OR BEVERAGES TO BE SERVED? IF YES, CIRCLE TYPE BELOW: SOFT DRINKS & SNACKS LIGHT HORS D'OEUVRES HEAVY HORS D'OEUVRES STAND-UP BUFFET SEATED DINNER NAME OF CATERER TELEPHONE NUMBER CATERER'S MAILING ADDRESS WILL THERE BE ENTERTAINMENT? IF YES, CIRCLE TYPE BELOW. D.J. VOCALIST CHAMBER GROUP PIANIST ORGANIST OTHER SPECIAL INSTRUCTIONS: ~ "' (LE., NUMBER OF CHAIRS NEEDED, SPECIAL ARRANGEMENTS OF CHAIRS, ETC.) I have read and agree, on behalf. of the above-named organization, to abide by the regulations for use of the New Hanover County Courthouse Assembly Room. SIGNATURE OF CONTACT PERSON "DATE Please return this form and send payment payable to: New Hanover County Property_Management 220 Division Drive Wilmington, NC 28401 DATE PAYMENT RECEIVED APPROVAL PROPERTY MANAGEMENT'S OFFICE (910) 341-4330 BASIC RENTAL FEE $ HOURLY FEE _HRS x SECURITY DEPOSIT + TOTAL DUE AMOUNT PAID BALANCE DUE POLICIES AND REGULATIONS GOVERNING USE OF THE NEW HANOVER COUNTY COURTHOUSE ASSEMBLY ROOM Listed below are the policies and regulations governing use of the New Hanover County Courthouse Assembly Room. These policies and regulations are applicable in all __ situations as described. However, the primary purpose of the Assembly Room is for the `~ meetings, scheduled and unscheduled, of the New Hanover County Board of L Commissioners. The Board of Commissioners, therefore, reserves the right to utilize the room at any time. This authority of reservation supersedes all other reservations. 1. AVAILABILITY: The Assembly,Room is available to the general public for meetings or functions deemed appropriate by the Property Management Director. Reservations L` for the room shall be arranged on a first-come, first-served basis. Sfanding reservations will not be accepted. ~ h 2. USAGE: The Assembly Room-and adjacent public space shall not be used for any, unlawful purpose. Persons using the room are subject to all policies and ~. regulations regarding County facilities. ._ 3. CAPACITY: The Assembly Room is located on the Second Floor of the New Hanover County Courthouse. The Assembly Room holds 225 persons. This capacity may not be exceeded under any circumstances. 4. PARKING: Caferirig services, rental equipment suppliers and musicians should enter the parking lot on Third Street, enter the building through the rear entrance and use the elevator to bring in food, tables, and instruments. 5. TIMES OF EVENT: The room is available Monday through Friday from 8:00 AM until 10:00 PM. Bookings for Saturdays, Sundays, and holidays are considered on an individual basis. Additional fees are charged for these days due to overtime pay requirements. 6. Meetings and other activities held in the Assembly~Room must not disrupt the use of the Courthouse by others. 7. The person or organization reserving the room.shall be responsible for leaving the room in proper order and shall be responsible for any damage to County property. 8. EQUIPMENT: Lessee may utilize 225 chairs. The Lessee will be responsible for furnishing and handling his/her own tables, audio-visual equipment, exhibits,and other supplies. New Hanover County does not accept responsibility for any damage or theft to property brought into the facility. 9. ARRANGEMENT: The Assembly Room is usually arranged auditorium style with approximately 150 chairs. If additional chairs or fewer chairs are needed, it should be 42noted on the Reservation and Policy Agreement form under "special instructions." ,. r . ~; ~ ~ 10. DECORATION: No decorations or materials may be attached to the walls of the Assembly Room. Lessee should confine decorations to table ornamentation. ~D, 11. BOARD OF COMMISSIONERS' DESKS: The desks of the New Hanover County Board of Commissioners are not to be removed from the elevated portion of the Assembly Room. With permission, the lessee may request that the desks are _ moved toward the rear of the platform, provided the desks are moved by the New Hanover County Property Management Department. ~1 12. FOOD/BEVERAGES: Only the serving of food and/or beverages is allowed in the Assembly Room; no cooking or other food preparation is permissible. Groups must provide their own equipment and supplies and are responsible for clearing the area, including disposal of garbage and providing garbage bags. 13. ALCOHOLIC BEVERAGES: Beer and wine may be served, provided that the organization sponsoring the event holds all appropriate permits and liability insurance. No spirits containing over 17 percent alcohol may' be served. -° 14. NO KEGS: .Beer may only be served in bottles or cans because of potential ~ damage to the floor from .kegs. 15. LESSEE IS RESPONSIBLE FOR ENSURING THAT GUESTS AND STAFF DO NOT ~; REMOVE FOOD OR BEVERAGES OF ANY KIND FROM THE ASSEMBLY ROOM AND TAKE THEM INTO OTHER AREAS OF THE BUILDING.. '~` 16. NO SMOKING: There is absolutely no smoking allowed anywhere within the Assembly Room or any other room in the Courthouse facility. This includes the rest rooms, stairway, carpeted areas and non-carpeted areas of the building. The "No Smoking" regulation is stated in the New Hanover County Code, Article III, Section 8.5-22. Signs are posted in the building to remind Lessee's guests or staff of this fact. If one of the Lessee's guests or staff members is caught smoking within the facility more than once, the guest or staff member will be ~. asked to leave the premises. ~' 17. All advertisements for use of the room or invitations must clearly indicate the sponsoring organization. The name, NEW HANOVER COUNTY ASSEMBLY ROOM ~~ or NEW HANOVER COUNTY COURTHOUSE, may be used only in conjunction with the specific location of the meeting or activity. The address should read, 24 NORTH THIRD. STREET, WILMINGTON, NC 28401. !!, 18. BEHAVIOR OF GUESTS: Lessee must desi Hate at leas o e g t n person to be ~., responsible for the event. This person must be present during the entire . event. If New Hanover County Property Management staff determine that a guest's behavior is inappropriate, staff will inform the person in charge who shall then inform the unruly guest. If the inappropriate behavior does not cease, the s guest will be asked to leave the building. Inappropriate behavior includes, but is not ~,% limited to, violation of polices and regulations for the Assembly Room, such as - smoking in the building or removing food or beverages from the Assembly Ro~rr~ ,~~ after having been warned or overly loud and obscene speech, etc. J 19. Use of the facilities may be denied to any group which does not abide by these regulations. - 20. NO RICE OR BIRDSEED:.The tossing of rice or birdseed at a retreating nuptial couple is not permitted anywhere inside the New Hanover County Courthouse. 21. CLEAN-UP: Immediately following the event, the Lessee must.insure that the Assembly Room is in good order and that all trash has been picked up, carried out and placed in the dumpster outside the building. Lessee is to return the Assembly Room to the.condition in which it was at time of occupancy, with the exception of sweeping or cleaning, floor. Before leaving, the Lessee should check with Property Management staff to be certain that the Assembly Room is in proper order. If the Assembly Room is not left in proper order by the Lessee, a cleaning fee will be charged to Lessee's security/damage deposit. All Lessee's property must be removed immediately following an event. 22. All reservations for use of the Assembly Room must be ,approved by the Property Management Director and are subject to review by the County Manager. 23. RENTAL FEES DUE: All requests for reservations of the room shall be made on the Reservation and Policy Agreement Form, available in the Property Management Office, at'least seven (7) working days in advance of the function.: The security deposit of $150 is due upon receipt of the application. The full amount of the rental fee plus the hourly fee is required seven (7) working days before the event. The person or company responsible for the event will be billed for any additional fee.for custodial services, which shall be payable within ten (10) days of the billing date. 24. FEES: The following fees will be charged.for the use of the room:, A. Weddings and wedding receptions: $250 rental fee, the hourly fee (S15 per hour Monday -Friday; 525 per hour Saturday and Sunday), plus a security deposit of $150. B. Private receptions and similar events: $150 .rental fee, the hourly fee ($15 per hour Monday -Friday; $25 per hour Saturday and Sunday), plus. a security deposit of $150. - C. Receptions, meetings, and similar events sponsored by non-profit organizations, educational, civic,. cultural,.and governmental agencies: 575 rental fee plus the hourly fee (S15 per hour Monday -Friday; 525 per hour Saturday and Sunday), plus a security deposit of 5150. 25. An admission-fee may only be charged.. by the group using the room when such fees .are of anon-profit nature or are .for short-term educational classes, institutes or forums. .. 44 r~ ~.~, '~. NEW HANOVER COUNTY COURTHOUSE ASSEMBLY ROOM 24 NORTH THIRD STREET ~, WILMINGTON, NC 28401 NOTICE TO CATERER: The regulations pertaining to the use of the Assembly Room of the New Hanover County Courthouse as they apply to catering services are listed below. 1. The custodian on duty is responsible for safeguarding and securing the building. He is not available or allowed to provide supplemental services during the event. 2. -Only the serving of food and/or beverages is allowed in the Assembly Room; no cooking or other food preparation is permissible. Groups must provide their own equipment and supplies and are responsible.for clearing the area, including disposal of garbage. A dumpster is located in the parking area on the ground floor. 3. The person or organization reserving the room shall be responsible for leaving the room in proper order and shall` be responsible for any damage to County property. The County does. not accept responsibility for any damage or theft to property brought .into the facility. 4. SMOKING IS NOT PERMITTED IN THE ASSEMBLY ROOM OR ANY OTHER PART OF THE COURTHOUSE. 1 1 ~/ ' 45 ~i: - 1 NEW HANOVER COUNTY COURTHOUSE ASSEMBLY ROOM 24 NORTH THIRD STREET WILMINGTON, NG 284D1 ADDITIONAL INFORMATION PERTAINING TO RECEPTIONS: 1. .ALCOHOL. If alcohol will be served at the reception, a Special Occasion Permit is required if fortified wine and spirituous liquor is served. This permit can be obtained ~~ from the North Carolina Alcohol Law Enforcement Ofrice (395-3902), 1.08-I North Kerr ~., Avenue Office Park. (Office complex is located behind Whitey's Restaurant on Market Street.) The application costs~•$25.00 and a copy of the approved rental agreement with the County Managers signature is required. - If beer will be served, no permit is required for eighty liters or less (nine cases, nine - cans of twelve ounce or seven cases, one can of sixteen ounce). For unfortified wine 4 (wine coolers or table wine), twenty liters are allowed without a permit. For questions, ~'' please contact the North Carolina Alcohol Law Enforcement Office at 395-3902. 2. The custodian on duty is responsible for safeguarding and securing the building: He is not available or allowed to provide supplemental services during the event. As a reminder: 3. Only the serving of food and/or beverages is allowed in the Assembly Room;. no cooking or other food preparation is permissible. Groups must provide their own equipment and supplies and are responsible for clearing the area, including disposal of garbage. A dumpster is located in the parking area on the ground floor. 4. The person or organization reserving the room shall be responsible for leaving the `~ room in proper order and shall be responsible for any damage to County property. ~ The County does not accept responsibility for any damage or theft to property brought (, v into the facility. 5.. SMOKING IS NOT ALLOWED IN THE ASSEMBLY ROOM OR ANY PART OF THE NEW HANOVER COUNTY COURTHOUSE. .~ 46 ~ ~ L ~, ~r Q'. i ~~, !I~', ~r r,~ '~1 ;~~ ;f ~~: ~~' ;~ ~. ~r ;~. ~. REQUEST FOR BOARD ACTION Meeting Date: 0/20/96 Regular Item #: 12 Consent Item #: Additional Item #: Department: Governing Body Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell SUBJECT: Committee Appointments BRIEF SUMMARY: Committees: Insurance .Advisory Committee RECOMMENDED MOTION AND REQUESTED ACTIONS• Make Appointments UNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: ~ New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANA ER' MMENT AND REC MMENDATI N Make appointments _ APPFtflVEt~ ~. ,7a~.eo, E Mom R~JECtEp REMOVEi~ ,Q ~ 4 7 POSTPQNED P, Refer to Office Vision Bulletin Board for Dispos uori COMMITTEE APPOINTMENTS INSURANCE ADVISORY COMMITTEE 1 VACANCY APPLICANTS• James E. Moore, Jr. COMMENT:. Applicant must be an officer, owner or partner of . independent insurance agency. Vacancy was advertised in 'newspaper, but no other applications were received. Mr. Moore is currently on the committee and requests reappointment. Attachments;: Committee Inform~a~t`~i~`on~' Sheets ~r^~ ~~Pk;~i;~ Letter from~Ins~urance Advisory Committee 48 _ Application ~;w '~ ~~~~~~ s~,~~~ ~~ ~- ,-~,~ -~ ~k 1 ~~ AILMINGTON/NEA HANOVER COUNTY INSURANCE ADVISORY COMMITTEE Number of Members : 6 ,~; 3 appointed by County Commissioners `°' 3 appointed by City Council ._ ~, Terms: 3 years - staggered Qualifications: individuals who are officers, owners or partners of independent insurance agencies directly qualified as agents ~~ representing property and casualty insurance and surety bonding companies who are residents of New Hanover County. Regular Meeting: Fourth Thursday of each month at Riverboat •- Landing at 12:30 p.m. r Statute or cause creatin Committee: In June 1964, committee was ~f created by Wilmington C t y Council with the .charge "to su cruise P and give-advice on City's insurance needs". In 1967, the Committee became Wilmington/New Hanover County Insurance Advisory Committee becoming a joint Committee of City and County appointees. ~, Brief on the functions: To protect the governmental units against ~j financial loss due to accident through identifying potential loss exposures and recommending the proper insurance to cover such loss. Acting upon authorization by these entities, the Committee seeks to obtain the necessary ,coverage at the most economical cost, from ~` insurance companies of adequate financial status, ex ertise and ~;:~ p ,service potential. 3~r TERM ~~ PRESENTLY TERM CURRENT MEMBERS SERVING EXPIRES ~ ~' George H. Chadwick, III fourth 6/8/98 Chairman ~~~ 2331 Waverly Drive -~ Wilmington, NC .28403 791-0414 (H) 762-2489(W) '~, Carolyn Lyons first. 6/8/97 P.O. Drawer 270 Wilmington, NC 28402 (Appt. 8/22/94) 256=5650(H) 763-3431(W) James E. Moore, Jr. third 6/8/96 ~~ 6800 Wrightsville Avenue, Suite 2 Wilmington, NC 28403 251-0716(H) 763-7313 (W) ~~ ~ . ~, 49 1 WILMINGTON/NEW HANOVER COUNTY INSIIRANCE ADVISORY COMMITTEE TERM PRESENTLY TERM SERVING E%PIRES Citv's Appointees Henry B. Brown second. ' 6/8/95 4310 Shipyard Boulevard Wilmington, NC .28403 251-9200 (W) Murdock (Crae) Dunn `. first 6/8/96 UCB Insurance Center 309 N. Front Street Wilmington, NC 28401 762-2034 (W) Katherine Taylor second 6/8/97 1430 Commonwealth Drive Wilmington, NC 28403 Executive Director Carlton W. Allegood , 320 Chestnut Street Wilmington, NC 28403.. 341-7179 '(W) ' Governmental Entities served by the Committee are: New Hanover County ` City of Wilmington New Hanover Regional Medical Center Southeastern Center for Mental Health, Dev. Disabilities and Substance Abuse Services Cape Fear~Community College Board of Education of New Hanover County Cape Fear Council of Governments ABC Board of New Hanover County Housing Authority of the City .of Wilmington New Hanover County Airport Authority Wilmington Housing Finance and Development, Inc. Health Sciences Foundation, Inc. . Lower Cape Fear Water and Sewer Authority File:/insur.wp 4/96 ~. O 0 ~_ ,~ t ~~. nest q NEW HA NO VER COUNT Y BOARD OF COMMISSIONERS 320 Chestnut. Street, Room 305 Wilmington, NC 2840.1-4,093 Telephone (9101 341-7149 FAX (9 101 34 1-4 130 Application fo_r Appointment .to Boards, Committees, and Commissions Appointed by the New Hanover County Board of Commissioners. ppoinYmenf to: ~ -'- ~ ~7 ' f ~~ ; me: `,%~~ Now long have you been a _, me ~ n A~ddre s: t'v ~ ~" ~-~ G %~--~__. resident of New Hanover County? .- - t6ng ,address: ~ . ~ty and State: ~ iG-c,u-~ yJ.G Zip Code: ~,1 T",~y -- ~ Business: _ 9/v - Z -~- ^333 e/ephane: /~N~m ~j/U- ~-~ ~ --,~~~ ' , ex: /`~ 'Race: ~-~ •Age: 'ibis inform '~ n rs requested for ehe sale purpose of assuring that ecross-section of the community is appointed. ~. .-Employed by: ~ ~~_ ''A,perso urrently employed by the s ency ar department for which this epplicstio ~s made, t resign his/her pasioon witA Naw Na o er County upon appointment, in eccordancv with Article Vl, Sac. 4 of e New Hanover Covnty Personnel Policy. ~~ Jab:it/e: CL U ` ~ - ._ f-rafessibnal Activr'ties: - ,L~~"-°r'-Q- CPGU CL ~l c$'< . ~lunteerActivitr'es: /~1f'/' ~/L~z~-;~. ~//~'~ ~''~~ l ` ~' ~, Why do you V~ish'to serve on the Board, Commt'tte°, _or Comml'ssion requested? ~''" -+~~- r { - f' f=-- `~' _. What do you feel are your qualifications /cr serving on the Board, Comrr-iittee, or Commissr'on requested? What ~eas or concern would you like to see the Board, Committee, or Commission address? ~ ~`~ ~~ ~ ..e you currently serving 'on another board or committee appointed by a municipality or a county? /f so, please list: ~~ , ~te: Z Si nature ~~ - ~ ~~ 9 (Please use fave~.`9 si a or add%tronal commentsl -. ~ - ~/~ ~ - . ~ ~~ . 1 l ~~ R`egular Item #; 14 Consent Item #: Additional. Item #: Department: County Manager Presenter: Andy Atkinson Page Count In Agenda Package: ,.Contact: Andy Atkinson SUBJECT: Proposed Revenue Bond Sale forNew.Hanover Regional Medical Center Required Public Hearing. BRIEF SUMMARY.: -The Regional Medical Center is requesting the County issue approximately $62;000,000 for hospital improvements. A descri Lion of those im rovements is included with this agenda item. One of the P P steps in the process is to hold a public hearing regarding the .proposed financing. since tax-free bonds will be issued. .. ~, ~ . ~RECONIME'NDED MOTION AND REnUESTED ACTIONS• ~~ Hold the public hearing: . ~~~ ~ ~ - 4~.. ~, FUNDING SOURCE: Federal S:. State S: County S: User Fees S: Other S: 62,000,000 Money~Is In Current Budget: No New Appropriation. Request: No BudDet Amendment. Prepared: No `REVIEWED BY: ~. ~.~.: LGL: ~ ;FIN: 13UD: N/A CGIZIFFIN HR: . mm COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS. u,, Hold the public hearing. APFR~~A '#~.'^ 'REJECTED- ' ,Cl ` REMOVED ~ q POSTE®cvE~ ^ .~ 3 - DATE.. ~ j2i ylo ~~ Refer to Office Vision Bulletin Board for Disposition - •REVENUE BOND FINANCING~PROJECT • ,~ ~ ~ . ., ~ _ - The project is to include the Master Space & Site Plan Phase IIA : ~ which includes' the'following: '~ ' ~ ~ ~ ~ ~ • (1) Renovations to the existing building in the following areas: . • Pediatrics, Emergency Department; CCU Waiting Area; .Admitting, 'Chapel, Lobby, ,Gift Shop, Snack~Shop; Mechanical Room (all in - renovations to' existing facilities);' new construction for the Cancer Center, Clinical Services, Clinical Lab and a Concourse. New ' construction in existing shelled space for Pediatrics. ' In addition to the Master Space & Site Plan Phase IIA above, the project includes asbestos removal for the kitchen area and asbestos removal for the Master Space and Site Plan, ;.Also .included will be the East.Parking Area, CSRUDU construction and up~radin~ of ufiIities. - i _-~. ~ ~„ ~ ~ ~ ~ ~ w x ~ ~ ~ _Y >> 4 ` ~ , iir~ ~ , 4 i ~,u `Y;} x •e' Q 5 fi 1'.t1 n't xe`~y .J L'F i :.J$ _ 1 ~~ ,~ ~ ~~ ~ ~y II. SCOPE OF~SERVICES/OUALITY~OF CARE 1. Describe all components of the proposed project. Include a discussion of the proposed beds, equipment to be purchased, and services. Over the last 27 years, New Hanover Regional Medical Center (the Medical Center) has evolved as a leading tertiary referral center in the State. Since 1967, the Medical Center has continually expanded its service scope and today, serves as the medical hub for aseven-county region in southeastern North Carolina. In addition to serving as a regional provider, the Medical Center provides primary and secondary level services to approximately 80 percent of the residents in New Hanover County. These facts are significant when considering that the Medical Center currently operates within the same basic "facility footprint" that was in place when the Medical Center opened almost three decades ago. As documented i,n this application, it is critical that the Medical Center envoke significant renovation and modernization at this time within its core facilities. As a regional ' referral center and heavy provider of primary and secondary level services, the Medical Center must reinvest in infrastructure that was designed in the early 1960s. Based upon the current situation, the Medical Center cannot continue to adapt to a dynamic environment without the major renovation and modernization m of its current facilities as proposed herein. The Medical Center is proposing a renovation and modernization project to address the quality of and access to acute care, emergency care and outpatient care m in its service area. This project proposes to consolidate related departmental .functions, relocate certain outpatient services and organize circulation flows throughout the campus. These changes in the Medical Center's physical plant will facilitate improved patient care through upgraded building systems, better access to services, more efficient operations and less. cross-traffic of patients, visitors and supplies. The project does not involti~e additions to the licensed bed capacity of the Medical Center or entail the development of new or expanded health services.. This project primarily involves the relocation and/or modernization of a number of departments located within the Medical Center's main patient tower. This project also includes construction of a two-level building to house an integrated cancer service (the Cancer Center) on one floor and the Medical Center's Clinical Laboratory on the second floor. The iviedical Center received State approval for _ the Cancer. Center in October 1994 (Project I.D. n0-5040-94). The Medical Center has received approval to pursue the development of the Cancer Center with the modifications brought about by this project. However, the.scope of the Cancer Center project has not changed. and is not considered within the scope of services of this proposed renovation and modernization project. It is also noted that the previously approved capital costs for the Cancer Center are not included in this project. Please see Exhibit 2 for information from Mr. Joseph G. Slaton, Senior Analyst of the North Carolina Department of Human Resources, DFS, CON Section, regarding the Cancer Center. For illustrative purposes the following three pages graphically depict the reconfiguration of the clinical, ancillary and support departments impacted by the project. The diagrams, which show existing and proposed floor layouts, are color coded for the reader to track the relocation or expansion o.f certain departments. For example, the Snack Shop is being relocated from the existing Service Level to Level 1 in the main cower. Accordingly, the Snack Shop is color coded light purple in its existing location on the Service Level (page 11) and in its proposed 1 on _ on Level 1 (page 12). The graphic on page 14 reflects the location of the i~rted departments before and upon project completion from a vertical perspecttve. -10- 0 t, h~ rr"'-r .~ i ..--1 { _ 56 - ~, a l17 a~ N U h „ i u u a v u .~ 4 V V V 1 ~ ~y rU v J 1 i 3 c •S o ~, a U C O '~ o~ L ~ ~ _~ ~ ,C v y_ O •[ .7 C v ~,, . ~ ~ 3 a v ~~ ~: c O O O c v O U_ ~ T -c `' 3 0 ~ ~ ~, o o ~_ 1 ~ J ~ ~"' >y L v ~ J C p O 1 ~ J ~ ~J V ` V O ~'l ~' J v ° .o ~ v ~ ~ ~ .T~y c o ~;; o ~ ~~' v O '-~ V ~ T V J O 01 `_. o a. J -~ r= O V ~ r i _ ~J ~ J O. > ~ T ~ U ~ U ~ O o, a v =~ ~ ~ ,;~_ :l ti `_ u O J Z Z a r ~5, ,. ~. ~ ~ °^ ~ - I h, u, c J . ' 00 '~ '... '' :~ •~ , ~ c c c o ,ro j ~ o UU , ~l U ~y . : ~ •; a ~ ~ ~ . ~ ~ O K~ ' a (n ' ' _ ~ _ ~ Y ;`ca'r ~• _ ."y ~ O ~ - ~ . ~ ~.~ .t C G O a . . " F 1 "1 T y ~; ~ ~. , O : _i ~ U .v a r%' =k , . _ ~ . _ C ~ .. - U ~ ~ _ ~~ p .. U. .. ~ ~ v~'Ca . • I ` ~ U ' U ~ ` U. J r ~~ U ~ V Q ° U, ' p L ~ j ~; :J ,_ ~• ~ ~. t C ..~ ~ ~ .~ T _ . ' y ~ ~ U ~ 'J f i ~~ ~~ ~ T ' J ,y -~• ,. 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[~ ... ~ ~ ~ ~ ~ .. of 0 ~ ~ u ~ ~~ ~ . ` '` .r o ~ c_ _ C a ~ U J 'U - ~ ~ ~ ~ -Ly ` a ,. ~ ~ ~, _ _ _ v u -~ v v ~ ~ t _ - ~ ., ~ ~ v v: C ~ ._° O o > ti ~ C O .~ U 7 4 N C O U 3 U z 0 .~ 0 J C V 0 59 0 Z Each project component by phase is outlined below, followed by a more detailed description beginning on page 16: Phase A The Outpatient Clinics are relocated from Level 1 to an off-campus location within atwo-mile radius of the..Medical Center... . Pediatrics is relocated from Level'2 to available space on Level 10. A new, two-levelbuilding (the South Pavilion) is constructed to house the Cancer Center-on the Service Level. Also, the Clinical Laboratory is- relocated.from its existing location on Level 1 of the.main building to Level 1 of the South Pavilion. Anew Conference Center will also be located on Level 1 of the South Pavilion.. • Holding and Observation on Leve12 is temporarily relocated into the area previously occupied by the ObstetricaUGynecological section of the Outpatient Clinics on Level 1. • The Emergency Department on Level 1 is renovated and expanded into the area previously occupied by the medicaUsurgical and perinatology sections of the Outpatient Clinics. • A two-level concourse (Service Level and Level 1) is constructed across the front of the Medical Center connecting the South Pavilion to the existing Cameron Education Building. • Central Sterile Supply is relocated from its existing location in the front portion of the Service Level to a newly constructed area in the rear of the Service Level. • The trash compactor currently located at'~the northeast end of the Service Level is relocated to the rear of the Medical Center. ; • The Dietary. loadi.rig dock is renovated and expanded in its current location on th'e Service.Le`vel.; . ~ , • The front lobby of ,the Medical Center on Level 1 is renovated and' j expanded, including an expanded Gift Shop/Admitting/Chapel area. •. Phase B • ; Labor and Delivery is relocated from Level 3 and the Neonatal Intensive ' Care Unit (NICU) is relocated from Level 4 to renovated and expanded ~ '-space on .Level, 2. • The Level 3 area previously occupied by Labor and Delivery is renovated for Post-Partum and the Newborn Nursery, which are already located on Level 3. 6~ -15- ~ The Level 4 area previously .occupied by the NICU is renovated for the Neuro-Diagnostics.Laboratory wtuch is currently located on Level 1 ` (EEG/EMG) and Level 7 (Sleep Studies). , ` The Radiolo De artment on Level 1 is renovated and ex anded into gy p p the area previously occupied by the Clinical Laboratory:on Level 1. A portion a of the available CIinical Laboratory area is renovated to cre te a family waiting area for-the.Critical Care Unit. , ' • The Surgical Department on.Level 1 is renovatedin its current location and partially.~expanded.into a portion of the current Radiology Department: (This project does not entail the addition of surgical..operating rooms.) ~ " • Holding and Observation is relocated its final time into the renovated area previously occupied by the Neuro-Diagnostics Laboratory (EEG/EMG .~ section). ~ The Snack Bar is relocated from its current location on the Service Level to the renovated portion'of the Outpatient Clinics on Level 1 previously occupied by the obstetricaUgynecological section. •. The Cafeteria on the Service Level is expanded into the area previously occupied by-the Snack Bar leaving the grill area from the Snack Bar , `intact. , ~' The.Pharmacy is relocated'from its current.locacion on the Service Level - . to the area previously occupied by Central Sterile Supply. ~~ The following paragraphs present the specific elements of the project: -. Components of Phase A .. The major portion of Phase A is the construction of a new, two-level South Pavilion'at [he southwest corner of the patien.[ tower. The~frst floor of this building will house the Cancer Center. The foundation of this building is , designed to accommodate additional floors,.and this project proposes to build out .the second floor during Phase A. The second floor will contain the Clinical Laboratory; which will move from Level 1 of.the patient .tower.. Adjacent to the .. Clinical Laboratory will be three multi-purpose conference rooms, which will be available o hospital staff and the general public for conference and educational activities: Du in Ph w A, l l i r g ase eve a t o- concourse w ll also be constructed, stretching from ` the South Pavilion, across the front of the MedicalCenter to the Cameron Education Building. Level 1 of the concourse will be designed for "patient and visitor traffic, while the Service Level of the concourse will be designed for in- house traffic. The concourse will serve as a circulation "spine" for the Medical .Center, organizing the flow of visitors and materials and greatly reducing visitor ' r t affic in clinical areas. Furthermore, supplies and materials will no longer be transported on patient elevators. Pediatrics will .relocate from Level 2 of the patient tower to space currentl " available on Level 10::The new Pediatrics unit will be designed tq offer a improved. children's environment allowing for a centralized play area, greater ~, storage space for equipment, a fanuly conference room and two isolation rooms. 16 Phase A also includes changes to the Service Level of the patient tower to alleviate long-standing operational and logistical-problems. Central Sterile Supply will be relocated~from the front center of the Service Level to the rear of the Service Level, beneath"the Surgical Department on Level 1. This relocation will efficiently combine instrument processing. activities from the Surgical Department on Level _1 with Central SterileSupply on the Service Level. The new Central Sterile Supply area will provide storage space for moveable equipment~and allow the Surgical Department t'o~use a case-cart system for movement of supplies and equipment. The relocation of Central Sterile Supply requires a reconfiguration of the Dietary Receiving Area, which is currently the same~area as waste removal. The loading;dock that is currently used for trash removal will be.expanded and converted in order oaaceommodate the receipt of .._ food supplies. Concurrently, the, trash compactor will. be moved to the rear of the Medical Center. The separation of incoming food and outgoing waste will improve work flow and,reduce the opportunities,for;potential.health hazards. The Pharmacy, currently located adjacent to the Snack Shop on the Service Level, will relocate to the space vacated by Central .Sterile Supply. This move will provide„greatly needed space for distribution,,clinical and research activities. A new inechariical room and' men's and. women's ~locke'rs rooms for the Pharmacy will occupy the space Curren ly occupied by the Pharmacy, .Anew hallway will separate these areas from the new Pharmacy, leading to the Service Level corridor of the Concourse. This hallway will improve the flow of supplies and Medical Center employees, linking numerous Service Level areas to the Concourse. . The Outpatient Clinics, currently located on Level 1 of the main tower, will be relocated to an off-campus site within two miles of the Medical Center. The project includes upfitting leased space to house the Outpatient C1'inics. The off- campus site,will include the following: • 18 Examination'Rooms ~ ' • 9 Procedure Rooms • 12 OB/GYN Examination Rooms 1 Laser Room _ , • ~ 2 Ultrasound Rooms • 11 Offices for ,the Health Department ~ 1 • 2.Offices for the Department of Social Services Moving the Clinics off-campus enables expansion :of the Emergency Department on Level 1, allowing a more efficient configuration of larger, more private treatment rooms. Phase A concludes by reconfiguring the first floor to accommodate expansion of.[he remaining departments and to allow other moves in Phase B. ~ ~ ~ ~~- Components of Phase B Major,Phase B tasks include the development of a .two-level dedicated area for Labor and Delivery, Post-Partum, Newborn Nursery and Neonatal~Intensive Care Unit (NICU) through expansion and renovation of existing space.-:As the public concourse is extended across the front of the Medical Center, it will contain 6 n supports that allow a 10,000 square foot extension of the patient tower's second L lever. The second level, which was partially vacated. in Phase A by Pediatrics, will., be fully vacated in Phase B by the movement,of Holding and Observation to Level 1. The second floor extension wily house an~enlarged Labor and Delivery -17- :~ . .area, which will move from Level 3, and' the NICU, which will move from Level 4. Leve13 will be minimally renovated to house Post-Partum, a general Newborn Nursery. and support space (offices, locker rooms and on-c.a11 rooms) for the rest of the ObstetricaUNeonatal service. A stairwell and elevator from Level l will connect Level 2 and Level 3 of the new unit, providing easier and-more private access .for patients and visitors. During Phase B, a new hallway will be arranged between the Surgical Department and Radiology ;providing a second access point to the rear corridor of Level 1. Currently the only hallway that reaches this corridor without, passing directly through clinical areas is at the west end of Level 1 adjacent to the Emergency Department. The 'new comdor will greatly enhance access to the existing critical care units.. As a result of this new hallway and the relocation of instrument • staging and processing to. the Service Level, the Surgical Department will undergo -.some reconfiguration; allowing'ihe department to better staff its holding and recovery areas, The Surgical Department will also add two Isolation rooms m the _ ~ pre-operative. area, an on-site pharmacy; scat-lab and blood bank, as well as hysicians rovide ade uate locker facilities for . p p q The Level 4 vacancy created by the movement of NICU will be filled 6y the consolidation of the Neuro-Diagnostics Laboratory. This. department is currently located in two areas-EEG and EMG,are on Level 1, while Sleep Studies is on Level 7. Two additional sleep study rooms will be built in the new area. The consolidation of the Neuro-Diagnostics Laboratory accommodates the previously mentioned movement of Holding and Observation to Level 1, as well as a renovation and enlargement of the family waiting area for all of the critical care '. units. Phase B also includes the renovation and enlargement of Radiology ,made ~Y possible by the relocation of the Clinical Laboratory in Phase A. The expansion/renovation will increase equipment and' film storage space, add a waiting room and a reading room for visiting physicians, separate inpatient and outpatient traffic through the department,.and greatly improve the Nuclear Medicine area.. Other Phase B activities will include the following: • Construction of a new Snack Bar on Level. 1 adjacent to the Emergency Department. • Expansion. of the Cafeteria on the Service Level into vacated Snack Bar space. • C onstruction of an enlarged.GifrShop in the old front Lobby on Level 1. ~ ~3 -18- 2. Describe any changes or innovations in existing services, either,outpatient and/or . inpatient, that will be associated with this project. Explain how this project will differ from any~existinQ services currently beingprovided in the service area. For each component~of the proposed project, changes or innovations in existing services are as follows: -, Clinical Laboratorx • ~ • Consolidates laboratory on one floor,•cucrentlq on two floors with storage in remote area. Provides more open layout, promoting higher degree of teamwork and flexibility of work stations and staff coverage.- ., ! Replaces ,fixed cabinetry with;modular furniture typical,of modern labs. • Upgrades air-handling system to OSHA standards for air exchanges and ventilation of exhaust. • Corrects electrical needs, providing adequate .power outlets and "clean • `power". .. • Upgrades heating/coolingcystem to adequately control temperatures for ~- equipment operations. • • ~ Re:lieves cramped woiking conditions and lack of.clean work areas cited by CAP. • Provides adequate space and toilet facilities for employees. • Provides more flexible space for technological changes in future. • Provides adequate showers, locker and area for clean laboratory coats to meet OSHA requirement. • Adds office areas in each clinical section, providing clean work area clearly separated from infectious materials. ` • Provides adequate lecture space and student lab space for•UNCW students in medical technology program. • Provides supervisor space to fulfill CAP requirements. Lobby/Concourse • Organizes circulation patterns throughout the campus and patient tower by: 6 I - Limiting penetration of visitors into clinical areas -protects 4 dignity of patients. -19- ~~ _ f , - . Separating visitor/patient traffic from- in-house traffic, supply and . materials. flow. " - Providing convenient covered walkway from`South Pavilion to - ~ Cameron Education Building, connecting circulation among campus buildings. • Provides'increased seatinb and greater.:comfort'forvisitoss and patients . waiting for treatment. • Accommodates Snack Bar after-hours for visitors; reduces "wandering." . ~ Enlarged Gift Shop occupies visitors, reduces traffic in clinical areas. - ~. • Directs visitors. and patients to appropriate areas. -Pediatrics ~ for an improved children's environment -current location is Provides , adjacent to Holdingand Observation.and N Team Room.. ~ ~ Provides two isolation rooms,. increasing continuum of care for children's area. . • Provides family conference room required by"standards. • Moves play area from end of writ to centralized nursing station to facilitate " staff observation while performingotherdubes. . • ~ .Increases space for cleaning toys. • Increases storage area for age appropriate equipment. • -Improved-layout promotes snore effective ..patient care. ~. • Offers more flexibility for patients of various ages. • Encourages more family.involvementin patient care. - • Facilitates better. work flow and observation of rooms. • Allows. the :Grower Nursery to move to NICU. ~. ~ ~- ~ ~ 65 -2~- ' C~;eritcal Sterile~SupplY ! Improves. efficiency in processing instruments and sterile supplies. . • Reduces cycle time for. movement of supplies and equipment. • ~; Adds new service elevator to support Surgical Department directly above. • Separates the movement of clean and dirty supplies. • Increases storage space for equipment. . ,, . • Allows use of,case cart system - 2,S carts per room. • Relocation of instrument processing frees space for Surgical Department reconfiguration. Dietar ~ . .. • , y Eliminates potential health hazard caused .by food and waste passing through same general area. • Relocates trash collection dock.and trash compactor. • Improves product flow for work efficiency. • Provides for greater se[-up space for food preparation. • Provides improved clean and dry storage areas. Outpatient Clinics • Improves patient turnaround time by raising ratio of exam room from one per provider to two per provider. • Increases productivity due to better layout of space -pod configuration eliminates long hallway., , • Decompresses parking needs on-campus. • Eliminates confusion of Emergency Department and, Outpatient Clinics traffic in same general area. • Increases waiting area space for not only the Outpatient Clinics, but for the Emergency Department, which currently shares waiting space with the Outpatient Clinics. ~6 _ • Increases facility space/patient access to sub-specialty clinics, such as pediatric cardiology, pediatric gastroentology and family planning. -21- A 1 A 1 e e 0 0 t a a a • Increases office space for Health Department staff. • Provides space for Department of Social Services' workers who meet with patients regarding services and benefits. • Enhances office space for faculty. • Provides for the opportunity to offer evening hours in the future. Emergency. Department • Promotes the handling of a greater patient flow through more efficient "pod" configuration. • Increases the number of patient treatment rooms from 26 to 35. • Promotes greater staff efficiency through improved layout, reducing travel. • Increases size and privacy of existing rooms, many of which open to a main comdor. • Provides specialized rooms for pediatrics, gynecology, psychiatry, cardiology ENT and crisis intervention. • Improves trauma services. • Increases number of fast track rooms from seven to nine and improves layout. • Increases radiological imaging rooms from one to two. • Enlarges waiting area. • Improves space for law enforcement. • Eliminates need for storing equipment, such as critical response bed, in hallways. • Provides adequate space for required mass casualty supplies and nuclear decontarnination area. Labor and Deliverv • Consolidates LDR and NICU on the second floor. • Increases number of LDR rooms from eight to twelve. -22- • Widens LDR rooms for greater work space. • Provides small waiting room outside each LDR room. • Consolidates two existing nurseries for greater efficiency; • Increases size and accessibility of equipment and. supply area. • Increases size of cesarean and high-risk delivery rooms, providing sufficient number of equipment outlets and adequate space for infant resuscitation. • Provides a conference room. • Increases office space and size of physician call rooms. • Provides locker space for staff -currently on separate floor. • Provides adequate space in nursing stations for fetal monitoring equipment. NI U • Alleviates overcrowding in the department. • Allows all 23 NICU beds to be operated at Level III by providing enough space for required equipment for each bed. • Reduces noise in infant care area. • Increases NICU and respiratory therapy storage space. • Promotes more efficient staffing and centralized monitoring, using pod configuration rather than "bowling alley" layout. • Increases size of isolation rooms, which currently have to open doors to fit necessary equipment. , • Provides physician consultation room and hospice room. • Provides family lounge on floor. Radioloav • Separates inpatient and outpatient flow of patients. ~8 - . • Provides adequate storage space for equipment and supplies. -23- 0 s B 1 e t t i a r A 9 1 1 • Adds patient waiting room, eliminating patient waiting in corridors. • Increases storage space to accommodate required retrieval of films, allowing one full year to be held on Level 1. • Moves radiology manager offices to Level. 1 to meet fire code: • Adds an observation area for more critical patients. • Provides separate waiting area for mammography .patients. • Provides angiography preparation and holding room. • Increases size of imaging rooms and nuclear medicine rooms to adequately house modem equipment. • Separates nuclear medicine area, preserves p,acient dignity by providing place to inject isotopes. • Cuts new corridor in middle of department to improve work flow. • Provides reading room area for consulting physicians. • Increases reading room and consultation areas for radiologists. • Provides private offices for radiologists. • Provides work space for file clerks. - • Provides space "for departmentlhospital computer system. • Provides adequate office space and transcription area. Neuro-Diagnostics Laboratory • Consolidates functions currently housed on Level 1 and Level 7. ~ Adds two sleep study rooms. • Reduces wait for sleep study appointments. - • Promotes efficiency through cross-training of personnel. Holding and Observation • Moves from second to first floor, down hallway from surgery. ~ 9 -24- • Provides more efficient location near three largest sources of traffic - Cardiac Catheterization unit, Emergency Department and Radiology. • Consolidates with Day of Surgery area, creating staffing efficiencies. $ur;ical Department • Reconfiguration allows hallway to be arranged between the Surgical Department and Radiology to rear corridor. ' • Moves instrument processing and staging to Central Sterile Supply on the Service Level. • Increases storage space. . ,. • Provides satellite pharmacy, slat lab and blood bank. ~ Provides two isolation rooms for pre-operative area. • Increases locker room space, particularly for female physicians. • Increases holding space, eliminating need to use recovery area for holding. Pharmacy • Increases space for dispensing area, storage, residency program offices and counseling, alleviating overcrowding. . • Allows implementation of medication cart system. • Accommodates automated equipment, possibly robotics. • Provides scaff;locker room. Snack Shop • Moves from Service Level to Level 1 adjacent to Emergency Department. • Allows minor expansion of cafeteria seating capacity. • Allows more convenient access by visitors to food "after hours." 3. Explain how the administrative and clinical departments will be organized to accommodate the provision of the additional services or equipment proposed in this application. 70 The proposed project does not include any new or additional health services. No changes in the existing organization are anticipated as a result of this project. -25- ., . ~. , . . ~ ~' . ~ };' - - 4 ` (a) ' ' ., - '. • _` As discussed in Question~IL3.this application does not include the ~ ` } ~ ~ ~ addition or expansion of any new or existing health services, but primarily poposes upgrading the current physical plant to adequately upport the Medical Center's'role of a regional tertiary care provider. Since its ~=~•-inception; he Medical Center Has offered many new programs. These ~ ~~ programs are reflective of`the Medical Center's~comrnitment to provide ~~ ': . ~ _ additional services as equired-in its service area. Many of these,programs ' ~ are described in :L 12(d) y ' ' -, ` (b) Submit a copy of the` planningdocument for the project if-.one exists. . - . ` ' ~g p nnin~ do~cument~`for taus project does.not currently exist; A sm le la " ~ ` project began-approximately four years .ago: however, planning for this ' ~ • . - ` ' , ; ~ °, Please see Exhibits 16 and' 17 for a review of the line drawings and site -. ,„ plan for the project. ,: .... , (c) ' Submit an itemized co~Y' of the .applicant's. three-. ~ e~ ar capital .expenditure .,„, ' ~ bud7et. How doesthe.proposed.project impact this bud,et? ~~ • ~ - , . A copy of the Medical Center's capital budget for~fiscal years, l99$ • ' through 1997 is.mcluded'in Exhibit3:,The Medical Center has adequate . - resources and debt capacity to-compl'ete the proposed capital projects, as well as this renovation and modernization project, without any adverse ' - impact on the organization's financial viability. In addition, the . ~_ development of the proposed capital projects will hate no impact on,the • ', Medical Center's ability to maintain reasonable charges to the community . onto continue to provide'care to,the uninsured or underinsured withiri the . e . • . ~ , _ . service area. . , .-~ . 5. - " Discuss alternative solutions, including the. implications of'maintainin~ the status quo and/or modifvingexistin~ resources. - " Plannm grid develo ment for this ro ect started four ears as _ - bo as management g P P J Y . • . ~ ., began assessing the physical pl-ant of the Medical Center in terms of its capacity 'and functional capabilities_to~accoinmodate the increased demands of a regional tertiary provider. As discussed in detail in Question lIL l .(a) on page 29; three " primary issues surfaced resulting in the need for the.proposed renovation and modernization. Managemen# was challenged by the.need to minimize,problems . .,. • :inherent in a facility', nearly 30 years old, create additional support space required . • ~ .. - . _ by the growth. in technology and the: increase in patient acuity and consolidate ~ .. ` • services to increase staff efficiency. - .~ Given the complexity of developing alternativesto simultaneously resolve these. issues, only •one viable solution could be successfully developed. It was j " " ' ~ coriciuded that the proposed_project was the only solution that could adequately , ,~ meet the.goalsof fhe-Medical Centerand theneeds of.patients in the:service area. Prior'to finalizing the plans.-for the project; however,.two ofher alternatives were ! . ~ considered. - •. i - : First,.Medical Center management considered the possibility of maintainin~t~e -~ status quo: As pointed .out in the responses to Questions II. l and IIT.1(a), - ` maintaining the status quo is not an option for the Medical Center at this time. x ~ .- ~ . . ,. - ~ - . -_6 The physical limitations of the:existing facility .have become increasingly more restrictive as clinical areas have expanded into support areas, leaving these functions with inadequate space. Lack of space in critical areas such as Radiology, the Clinical Laboratory, the Emergency Department, NICU and.the Outpatient Clinics has made meeting regulatory guidelines, as wehl as.providing asafe-workplace for.efficient operations more difficult. . The second aIternative;considered was a complete replacement of the existing facilities. This solution was rejected primarily; due to its high capital costs and the Medical Center's desire to most effectively utilize,existing land resources and facilities. 6. , Identi€y•all relevant facility programmatic,kservice specific.licensure. certification and accreditation standards associated with'the proposed prof How will the ~roiect• be consistent with these standards? . ~~ The, Medical Center is currently -licensed by the North.Carolina Department of Human Resources, Division of Facility Services. The Medical Center is also approved by the United States Department of Health and Human Services for ~- participation in the Medicare and Medicaid Programs. ; The Medical Center is accredited by the 3oirit Commission on Accreditation of Healthcare Organization (JCAHQ). The current accreditation certificate is valid • ~ through March 3l 1:996. The:Medical Center' Clinical Laboratory is accredited ~.by.the College of American. Pathologists (CAP)..In addition,.: the Radiology -department's mammography program has received the approval,of the American College of Radiologists.(ACR) andahe Food~and Drug Admini tration (FDA). The Medical Center has been designated as a Level II Trauma Center by the Emergency Medical Services~Advisory Council and also offers.a Level III neonatal intensive care unit, the highest classification given by the North Carolina State Perinatal Program. The licenses, accreditations and designations outlined above are not expected to change with the proposed project. All construction and renovation will be - approved by the North Carolina Department of Human Resources, Division of . Facility Services. Thus, the services currently offered will only be enhanced in terms of compliance with current federal,; state, local and other licensure and • accreditation standards. 7. .Describe the methods used or to be used b ty he applicant to insure and maintain . quality care Include a co~v of facility's qualit management proararn including a description of the facility's utilization review process and risk management program List andpenalties and licensure ]imitations imposed within the •l8 months prior to the submission of this application. . .~ - _. The delivery of;quality patient care at the Medical~Center is one.of the major driving forces in all areas of operations and management. It is important to note that .this project is being designed and developed to further_ support the provision of high quality, cost effective patient care; consistent with the, current operating philosophy of the management team. 72 - The.provision of high quality care-at the Medical Center is insured and maintained through several effective programs. The Medical Center's existing risk. management,~utilization review and quality:improvement programs~will continue -27- . - ~ ... ' ~ " . to guide and facilitate the delivery of high quality care throughout the.institution. These established programs promote the goal of ensuring that the safety and well ' " being of ttie~ patients and the provision of high quality care to all areas of the Medical Center is paramount:. Materials describing the Medical Center's - are presented in Exhibit 4: ~ In addition," utilization management programs ~ ' ~ information regarding the Medical Center's quality improvement program and `risk management program is contained in Exhibits Sand 6, respectively:, - ~' R i e s cal Center managem nt launched a o, approximately one year ago., Med Al " _ `.`continuous quality initiative" targeting all areas of Medical Center operations. ~ At present, the.Medical Center's.Quality Council plans to develop a '~ ,comprehensive quality plan which"will include quality policies and procedures • that establish the processes and responsibilities of tYie Quality Council. ,The Quality Council will ;also be focusing on continuing to assess customer's expectations; trengthening the involvement of. the medical taff executing the '" " , , ,quality education plan and coordinating preparation for~tlie .1996 JCAHO survey. ,, ~ _ : 8 ` .There are no special CON. rules or criteria which pertain to-the services included " in this application as the Medical Center does not propose the ,addition of new health servicesor the expansion of existing health services, e.g. beds. m 9. If the project involves the replacement of existing beds, treatment space; or other ~f1 " ~ su ort s ace describe how the vacated s ace will be used. If renovation of the ~ . vacated space is proposed,~identifv alI renovation costs in Application Section V~ .. ` Question IL l_ describes in detail how all vacated space related to the project-will be utilized upon project completion. _ . ~ " ' ~ ` ' . ~. ~~ .. .. " " ~ ~.. a ..: ~ •. . . _ _ - ~ .. ` ~ ~ . g • ~ - ,: ~ ~ ~- . _ . REQUEST FOR BOARD ACTION .. Meeting Date: OS/20/96 .~,.. b ~, ~,~~ 5e~;es ~~~~~~ Regular Item.#: 1~ Consent Item #: ~ -Additional Item n:. Q Presenter: And Atkinson Department: County Manager y Page Count In Agenda Package: Contact: And LL ~ ~ ~ y Atkinson _ _ _ .SUBJECT:. , , . -Consideration of Adoption of Resolutions and Approval of Documents Required .for Issuing Revenue'Bonds on behalf of NHRMC BRhEF SUMMARY: In order to move ahead with the issuance of Revenue Bonds for NHRMC, a number of Resolutions. and Documents must beapproved.. Those documents include, but arenot limited to the Resolution Approving :the Capital Improvements by the NHRMC; the Series Resolution, an amendment to the lease between N7E-i:RMC and ,the County, and others. These documents will be provided separately from the agenda package. ~' i . RE MMENDED MOTION AND RE UESTED ACTT N C• t - If the. Board desires to move ahead with the project, then approve the required-documents .and ` resolutions as supplied by'our Bond Counsel. ~. • FUNDING SOURCE: `Federal S: State S:• County S: User Fees S: Other S:• . ,. 4 Money Is Ln Current Budget; ~ ~ New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND R MMENDATI N ' If the Board desires to-move forward with the pr then approve the required, resolutions and• documents as submitted by our Bond C . ~: A ..: ,_' , ` ~ i ~I~PEJ~CTE~~ ~ ~: ~ a~~ov~o 0 7 5 . POSTPQNED Referto Office Vision Bulletin Boazd for Di~p6si[ibn ~~~~~°"'"~-~- - ~ fi. ~ 1 hG+~ ~ IhF ~_ t4if-o r i;Fa ~ 4f~ ' ~ ~ ~~ ' } 1 ~4 ~ ` ~~~ ,~ ~; Y ~ 76 '~- ti '``~n'~°' ` 1~ Jc~ dip L ~ \'i `civ'! a'J4 l;o a i > 4 78 1 EZe~i _ b lar Item #: w&s#2 Consent Item #: Additional Item #: Department: Water& Sewer Distract Presenter: Wyatt E. Blanchard Page'Count In Agenda Package: Contact: Wyatt E. Blanchard SUBJECT: _ _ - ~ , Request for Use of District's Discharge for a.Wastewater Treatment Plant at Castle Hayne -Contract #'9:6-391 ~; ~ . BRIEF SUMMARY: ` Mr. John Berman is asking permission to construct x.20,000 gallon per.day (gpd) wastewater treatment plant to.-seine a_proposed shopping center in Castle Hayne at the intersection of Highway ,132 and 11.7.. The following, highlights are included in the contract: , Cqunty.will operate and maintain theplant. ~ • 2: The Developer will pay. all'cost for operation and maintenance. • 3: The Developer will pay for any upgrade to the County's existing ,plant ,required by NCDEIvI which is caused'by the addition of the proposed plant. The proposed plant would.dscharge into the ° • . . NorthChase discharge line, to the Northeast Cape Fear. .' .. .RECOMMENDED MOTION AND REQUESTED ACTIONS:° . ~ _ ~ • Staff recommends that the Comnissonei•s consider the contract. However, staff has concerns with the e -discharge requiremen s set forth by the State and.the requirements for new standards as a result of fhe. proposed expansion. .. ~ - . ~ couNt~r coM~~s~~~ . ~. - APRRUVEU~ ~0 .. . RAM©VED ta%~ - ~~ _ .. ~ POST a PQMED C3 • n nTC S/~~ ~~/ ~r,,, _ _ -k'UNDING SOURCE: ~Eedcral S: ~ State;S ~~ Money Is In Current Budget: Budget Amendment Prepared: ~,, , ...~ County S: ~ User Fecs S: ~ Other S: ~' New Appropriation Request: .REVTEWE'D BY: ~ ~ . ~~ LGL: ~ FIN: >3UD: N/A CGRIFFIN I-IR: ~• COUNTY MAiVAGER'S COMMENTS AND RECOIt~IMENDATIONS• _ - - Consider the request., I concur with. Mr.. Blanchard's concerns. Please remember the Board has considered this matter on two other occasions. The first. time this matter appeared on an agenda the ` Board directed staff to create a policy. The Board considered the policy when' presented but did not act. The Board then directed staff to prepare a contract; which is attached. At he meeting Wyatt Blanchard. will have a chart describing the treatment capacities; requirements, upgrade nd costs. proposed contracthas the requirements. for the developer for upgrades and et / ~~ " `Refer to Office Vision Bulletin Board for Disposition ~ , .J .. ._ .. _. ,: • _. _ 1 ~ ~ Rf . ~ . ~~ /! ~~ / ~- ~ a ~ ~ ~; ~ // - i .r% << ~ ~ ~ ~ : ~ ~~ / `(J ~ ~ ;1 / / /~ /// 3- ~ - ~,._i i i ~,~' sis ~', ~ ~ y of +`. ~~~k` ~ ~, ~ 7 /i' \~// ~//+~ ~ i~. / / I ,. ads ~1 4. ~J :'-~.J / `'~,:. o .ti / 1~ ~v ~. ~ o a -•~ ~T // ~~ . . / ~~ ~-- _ 3 ='•h.. _. ^r ~ y d~ y I ~ `\ ~ . -•T'° ~ ~ Loca~ion o•E proposed Sewer L~ f ~~• ~~~~ ~ - _ •.~ x ,; - Treatment Plant at HGIY 132 k "~_~-~ ~ ~„ y and Castle Hayne Road ~/ ,~ ~ rtP-_-V-~ ,~ stay 6, 1990 / ~1~. y ~J ~ ~ ~ ~ 't~ ~•(aa-~~ot-To-Scale 1 s t s a i A t DAFT New Hanover County Contract # 96 - U391 NORTH CAROLINA NEW HANOVER COUNTY AGREEMENT THIS AGREEMENT, made and entered into this the day of , 1996, by and between NEW HANOVER COUNTY WATER AND SEWER DISTRICT, a political subdivision of the State of North Carolina, hereinafter referred to as "County"; and JOHN BERMAN; of Wilmington; North Carolina hereinafter referred to as "Developer". ` WHEREAS, Developer desires to construct and convey to District a package wastewater treatment-plant to serve a proposed development in Castle Hayne at the intersection of Highway 132 and 117; and WHEREAS, the District is agreeable to accepting ownership and operation of said treatment plant on the terms and conditions set forth herein. WITNESSETH:. That the Developer, for the consideration hereinafter fully set out, hereby agrees with the District as follows 1. Construction. Developer shall construct a package wastewater treatment plant, complying with all North Carolina Department of Environmental Management (DEM) and County specifications, pursuant to design and shop drawing approved by the County Engineer. The District shall also approve all plant construction. Developer will pay all costs associated with installation and construction of said plant, including .any upgrades required by the DEM on the County's existing treatment plants. 81 New Hanover County Contract # 96 - 0391 2. Conveyance. District may accept ownership of said treatment plant, provided the facility meets all applicable codes, regulations, laws, and standards, and the design and construction is approved by the County. Conveyance must be through an instrument approved by District, with full warranty of title and a one (1)_year performance warranty covering workmanship, equipment and materials. Said conveyance shall also include an indemnity agreement acceptable to the District, wherein then developer agrees to indemnify the District and County and employees and officers. . 3. eration. Upon acceptance of ownership, District shall operate the plant. Any operational costs incurred by District in excess of user fees paid, District must be reimbursed by Developer. 4. Pump Station. Upon notification to Developer that the treatment plant will no longer by utilized, the Developer must promptly pay District for all costs to be incurred in constructing a pump station. 5. Bond. A performance bond equal to S must be provided to the County by the Developer to ensure that all the terms herein are fully complied with, including but limited to those provisions set forth in Sections 1, 2, 3, and 4 above. 6. Insurance. Developer 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, 82 New Hanover County Contract # 96 - 0391 Developer shall furnish County with certificates of all insurance required below. Certificates shall indicate the type, amount,' class of operations covered, effective date and expiration date of all policies, and shall contain the following statement: ~I _.. "The insurance covered by this certificate will not be canceled or materially altered, except after thirty (30) days written notice has been received by County." ~ , 8. ,Workers Compensation and Employers Liability Insurance. Covering all of the Developer's employees to be engaged in the work under this contract, providing the. required statuto benefits under North Carolina Workers Com ensation Law and erri to ers liabilit rY P ~ P Y Y insurance providing limits at least in the amount of ~ 100,000.00/00,000.00/100,000.00 applicable to claims due to bodily injury by accident or disease. . 9. Commercial General Liability. Including coverage for independent dzveloper 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 Two Million Dollars 02,000,000.00) 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. 10. Owners and Developers Protective Liability Insurance. To be issued in the name of New'Hanover County. This coverage shall be provided by a separate policy and written with 83 'New Hanover County Contract # 96 - 0391 liability limits at least in the amount of One .Million Dollars ($1,000,000.00) per occurrence, limits at least in the~amount of One Million Dollars ($1;000,000.00) per occurrence, combined single limits, applicable to claims due to bodily injury and/or•property:damage arising out of work to be performed under this contract on behalf of New Hanover- County.. 11. Automobile Liability Insurance. Covering all owned,.non-owned and. hired vehicles, providing liability limits at least in the amount of One Million-Dollars ($1,000,000.00) per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. • - 12. Builder's Risk Insurance. Developer~shall provide builder's risk insurance written in the amount of one hundred percent (100%) of the contract amount. Coverage shall apply to risks of direct physical loss or damage to buildings and structures while in the course of construction, including foundations, attachments; machinery and all permanent fixtures constituting,a part of said buildings or structures. IN WITNESS HEREOF, the parties have hereto set their hands and seals, by authority duly given, on the day and yeaY first above written. [SEAL] NEW HANOVER COUNTY .WATER AND SEWER DISTRICT ATTEST: BY~ - E.L. Mathews, Jr., Chairman Clerk to the Board 84 ~ 4 e. t v B e s 0 a s 0 e t t a New Hanover County Contract # 96 - 0391 (SEAL) John Berman, Developer APPROVED AS TO FORM: ' County Attorney NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that Lucie F. Harrell personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of the New Hanover County Water and Sewer District, and that by authority duly given and as the act of the Board the foregoing instrument was signed in its name by its Chairman, E.L. Mathews, Jr., sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and notarial seal, this the day of , 1996. My commission expires: Notary Public NORTH CAROLINA COUNTY I, , a Notary Public of the State and County aforesaid, certify ' that JOHN BERMAN, DEVELOPER, of Wilmington, North Carolina, personally came before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the ~ day of , 1996. My commission expires: 5 Notary Public 85 This page intentionally left blank ,.. .. S' .. 86 REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: W&S#3 -. Consent Item #: Additional Item #: Department: Water & Sewer District Presenter: Wyatt E. Blanchard Page Count In Agenda Package: Contact: Wyatt E. Blanchard - SUBJECT Sewer Allocation Request Northside Wastewater Treatment Plant BRIEF SUMMARY: We have received a request from Wrightsboro Baptist.Church fora 1,000 gallon per day (gpd) sewer allocation. They are presently experiencing septic system problems and have been advised by their engineer to request permission to connect to the County sewer system. Attached is a map indicating the location of the church and also a current allocation list. - ._. . ' ~ _ _ - - - . - .. ~ ' RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend that the request be granted with the condition the allocation is used within one year. COUNTY ~CQMM1SSi0NERS ..~ _. 'REJECTED 0. ,. • REMOVED Q FUNDING SOURCE: Federal S: State 5: • County S: User Fees S: ~ Other S: ~ ~ ' Money Is in Current Budget: , . _ _... _-... _- . .. _._....... _. ..New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: ~._ - LGL. ~ FIN: EUD: N/A CGRiFFIN HR' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: _ _._-.,, . _ ~ - -.. Recommend approval. If this allocation is approved 3,846 gallons will remain. • Refer to Office Vision Bulletin Board for Disposition REQUEST FOR NORTHSIDE ALLOCATION May 20, 1996 November 16, 1992 Interlocal Agreement Contract #92-0457 100,000 gallons _ _ _ _ _ Allocation : _ Airport/Acron 4.2,124 gallons Branch 57,876 November 16, 1992 1542 N. Kerr -Priest 100 gallons 42,024 gallons January 19, 1993 4232 N. Kerr- 100 gallons 41,924 gallons . . Spencer .. _ . June 7, 1993 Conco 500 gallons 41,424 gallons June 21, 1993 1506 N. Kerr Aven .250 gallons 41,174 gallons October 18, 1993 McDonald's 3000 gallons 38,174 gallons January 18, 1994 Meadowland 6000 gallons 32,174 gallons October 3, 1994 Murrayville Indust 10,000 gallons 22,174 gallons Pk November 7, 1994 Ennis-Retail Cntr 3,000 gallons 19,174 gallons November 7, 1994 Glenn Hodges 100 gallons 19,074 gallons _ `,~ ~~~~"- ,~~ ,~ ~ ~ll1~~a~ ~i~ ~ ~~?"00~~002-008-014 _ _ ~='~ ~ March 20, 199 ~~, ~IJ~iril`^Jr`i~~ W~mK. Trask 4,000 gallons 16,074 gallons ,~ June 19, 1996 ~'~ ~ Hobbs-Export '~L~ynda'~1 350 gallons 14,724 gallons !~:~+~ r~~ ~id~ ~ ~e~:~ x !!`7~~N~mF ~.,~~~--_~=~ ~A~ddtional allocation +150,000 gallons 164,724 gallons from City .. Amt reserved for 110,000 gallons 64,724 gallons North Chase for exp August 21,..1996 ___~ Greenville Properties ..20,000 gallons - _ 34,724 gallons September 18, 1996 Murrayville Station 10,000 gallons 24,724 gallons September.l8, 1996 Northbrook Drive ~ 10;000 gallons 14,724 gallons Subdivision ... ., _. . _ October 16, 1996 Wilson Store- ~ ~ 6,478 gallons ~ 9,246 gallons Murrayville Road March 26, 1996 Trask Property 4,000 gallons 6,246 gallons ch 26, 1996 Sidney Morgan 300 gallons 4,946 gallons . - ~ . April"15, 1996. Red' Auto Sales `- 100 gallons 4;846,gallons .. 1522 N: Kerr .. May 20, 199:6 Wrightsboro Baptist 1;000 gallons ~ 3,84.6 gallons Church ,,,. ~~ // I~ ;, i '^ j ~,. !„ °i ~~ -~ .:, ~.~• •r•~r~/ q ' ~' °s d .<...,~ s .. .. , ~r..~~ ~ . E~. _. //// S \ ~ ~J 'o ~Tto f •'•~ ~ ~ ~ •ac.-q~ ~~ - _ o _ •.~,• •o.o ~ a ; t .. _ 1 ~. ~ ..a a .~ _ ii? ~ ~, 1,-j. 8S w.n• •' .a .~.,,, . ./7///~~/ ' .o. c. •, y / S d ' / y 9 • ,..t. R. R<I R. ~ /~ ~ ~~ •nl.r " r S C ~/~~ .. ... 4~~ / / / / j d ' ' r:7 J ` I J Y {rr{~~ / j. Y ../l•PI• / / / ~ ' / ~/~~/Ij / ~.< T O ~• U •(.• f = .A ~ ~bCr.p•• ~ U ,, 7 ~ ~ ~~r / / ~ d s ~L~ , •''`: ~ ~~ ~, i ..r~ r r~,~ .~ 4 a. " - -.< ~-rl. .., i / ~'> ; ~` . .~- ' - Y Ncw Hanover /~ /~ In'ermtional Airpo C./.1. ...- ~ ~ ~ ~ / / ~/ ~, . , ~ .,, ~ / ~ ii ;~ ~ ~ a J / ~ ~ - / ~. Location of Wrightsboro ~I_,~,.'' Baptist Church ~ ~~ +- ~ ~~ ~ ~ /~ ~„ ,I I<.i~ Map-vot-To-Scale ~,~-- ~~'rl I-' ~-08-96 ,I ~~ ,~ e n Franklin L. Faircloth`and wife, Virginia Faircloth ~ ~ ~ ~ CERTIFIED MAIL:° ' 5211 Sardou Road ~ ~ ~ ~ RESTRICTED DELIVERY Wilmington, North Carolina 2$403 ~ ~ RETURN RECEIPT REQUESTED ' ' • " RE: Notice of Intent to Institute Condemnation Proceedings Under N.C.G.S. 40A-41; Tax Parcel No. 7512-004-008-001 Dear Mr. and Mrs. Faircloth: Previously you were contacted by representatives of New Hanover-County for the purpose of negotiating a needed public easement across your property. According to information supplied to this office, these representatives of the County were unable to reach agreement with you .for the acquisition of this easement. This letter shall serve as official NOTICE OF ACTION, under Chapter 40A-40 of the North Carolina General Statutes, that New Hanover County, I~rorth Carolina, intends to institute condemnation proceedings to acquire a public easement in and over the property described below in which you have an interest. The purpose for which the easement is being condemned is for the public purpose of providing a sewage collection and disposal system in, the unincorporated area of New Hanover ... "?~ r ` County, North Carolina. ~ ~ ~ { , ., . .. .: ~...-..~.,. .~_,~_..-_ ~...a_.-._ .---.._.n._ _._ ._ _ - . _.____. _...._. .... ..___..___._..__..__r. _~ ~ ,_.. ...._... .. T_ _ . _.. ..__ i The property and interest being condemned is described as a permanent easement or -"" right=of--way thirty (30) feet wide together~with a temporary construction easement, having One -" "-~ Hundred-Eighty (1&0) days duration; ten-(1-0) feet-wide adjoining and abutting both the Northern. ,_, and Southern lines of the above-referenced permanent easement. Your property (Tax Parcel n, e 7512-004-008-001), which parcel was acquired by deed recorded in Book, 1029, Page ,1008; New. Hanover Cotulty R~gtstry:~~,the~tsarne,being more specifically shown on Sheet 3, Mott's Creek ,Td ( b'.~'''n,r ~ .1,~' ,~ ~ ~ ~~U Utility Rights=of ~~ a3k, p~epared March 29, 1996 by Hoyt Bradshaw. - ~~~ rv?l ozr t --. Zknt Y ie- ~r g ~ Please'be aware that aft~rthe construction work is complete, we will attempt to return t ~ , ; , ~~;~, . -~ ,. .. Notice of Intent to Institute Condemnation Proceedings .- your property to its original condition except for any trees or shrubs that must be removed. You 'will continue to use this property for any purpose so Gong as you use does not interfere with the ` :,County's use over •, the easement. ' 'New Hanover County has estimated the sum of Two Hundred Forty ($240.00) Dollars to be just compensation for the described easement. ~ . ~ ~. ~,. .. New Hanover County intends to file an action in condemnation to,acquire the needed public easement on or about the twenty-first (2l st}day of June, 1996: This notice; required under N:C.G:S. 40A-40, does not constitute a~taking or condemnation or property, and no taking ~~ will occur until condemnation proceedings are actually instituted. Unforeseen circurristances niay'delay or preclude the institution of a condemnation action, and the exercise of possession . , over the easement property.mterest. If youhave any questions, please call the undersigned at the address aril telephone number: set=forth below. Yourassistance and cooperation will' be greatly appreciated, and we , ~" welcome your.contacting us to discuss this matter such that further legal action will not be ` ' necessary. _ Sincerely, ,:. Kemp P. Burpeau Assistant .County Attorney.. . . 320 Chestnut Street, Room 309 Wilmington, North Carolina 28401 _(910) 341=713 . . ~ ,. ~. t .. 93 .~~ . ~ ~ _ .ta t, 94 Regular Item #: w&s#S Consent Item #: .. E, Additional-Item. #: Department: County Manager, Presenter: Page Count In` Agenda Package: Contact: Allen O'Neal SUBJECT: Consideration of Sewage Treatment Contract/City of Wilmington -Contract #96-0319 'BRIEF. SUMMARY: At your meeting on May 6, 1996, consideration was given to the proposed contract for the joint construction of`a wastewater treatment facility with the City,of Wilmington-omthe City's property on 23rd Street. The City Council desires to have some adjustments considered ~to the proposed . contract. They reviewed the matter, at their May 7, 1996 meeting. ~I .have talked with City l~ilanager Mary~Gornto, but have not seen, in writing, the City Council's desired changes. When I receive the information I will forward to you with recommendations. ~ . ,.._-- ,J RECOMMENDED MOTION AND REQUESTED ACTIONS: .- FUNDING SOURCE: ~ ~ ' 'Federal S: State. S; County S: User Fees S: Other'S: Money Is In Current Budget:.. New Appropriation Request: ` Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HI2: y `COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~~ Consider the contract with changes as proposed. by the City.. . .,.. f - 000NTY +~p,~i . _ . _ ~~~tt ~'~~' (r~ e ~ n c ~~7-~'rac-~" ~ 'f'~chnaG.Cgc! ~r' ~li`rru"~6`'r7~~i' ~J ' E1C.7~~~+ ~' i L>!lor• ~~LR-~Q: Cr?ee$",C- ~c..rc-~`r - U~Yle~:'~~v5`~`..,ceJ~ry ~',~.. '~~+DSTPONE _.. _ ' ~J"~T~ `.J 2.I ~(p fe 'to Office Vision Bulletin Board for Disposition • : REQUEST ,FOR BOARD ACTON Meeting Date: 05/06/9.6 Zegularltem #: W&S#3 Consent Item #: Additional Item #: department: NHC Water & Sewer District .Presenter: Wyatt Blanchard 'age Count In Agenda Package: Contact: Wyatt Blanchard SUBJECT: Consideration of Sewage Treatment Contract/City of Wilmington Contract Number 96-03'19 BRIEF SUMMARY: • City and County staffs have had numerous meetings over many months to work out a contract which would allow the District to utilize the unused capacity in the City's Northside Wastewater Treatment Plant until it reaches ninety percent. When the ninety percent capacity is reached the City and County will jointly proceed with the expansion and upgrade of the City's plant. It is anticipated the expansion will occur in four to five years. A copy of the draft contract is attached for your review. The final page reflects, in 1996 dollars, the estimated cost of a 4 million gallon expansion and also the proposed proportional cost between the City and the District.. ~ - ~ ~ ~ - RECOMMENDED MOTION AND REQUESTED ACTIONS• Staff recommends approval. of the contract with authorization for the Chairman to execute the agreement. . FUNDING SOURCE: ~ ~ • Federal S: ` - State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request:• ~ ' ~ - • •• < Budget Amendment Prepared: m REVIEWED BY: ... ~ . - .. .. ~. .. ,. LGL: FIN:'N/A BSHELL -BUD: HR: ' - - .. COUNTY MANA ER' MMENT AND RE MMENDATI N • Recommend approval. ~ - - COUNTY ~QMMI COUNTY COMMISSIONERS APPROVEQ ~Q ~ __.~ ~ APPROVED ^ R~aECTEA ~# ' . - ... I REJECTED ^97 .... - REMOV~O ~; ,.`~ ., _ POSTf'ONEbfl' ~ REMOVED ^ POSTPONED D ~'T~~"tO >~ ATE •_ - Ito Office Vision Bulletin Board for Disposition `j//r, /Q(p ~C~rn DATE rr DRAFT ` New Hanover County Contract #~9.6 - 0319 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ~ - ~ ~ • SANITARY SEWAGE TREATMENT CONTRACT - - BETWEEN THE CITY OF WILMINGTON, NORTH CAROLINA AND THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT THIS CONTRACT for the treatment of sanitary sewage is entered into this the day of , 199_, by and between the CITY OF WILMINGTON, a municipal corporation of the State of North Carolina (hereinafter referred to as "CITY") and NEW " HANOVER COUNTY WATER-AND SEWER DISTRICT, a political subdivision existing under the laws of the State of North Carolina (hereinafter referred to as "DISTRICT"); WITNESSETH: WHEREAS, the City and the District have previously entered into an,interlocal - agreement for treatment of wastewater in the southern portion of New Hanover County; and WHEREAS, the City owns and operates the Northside Wastewater Treatment Plant with a present hydraulic rated capacity of 8.0 million gallons per day (MGD) average design flow, and currently capable of serving the present customers of the City's system for eighteen (18) years, but is not capable of meeting the total additional number of customers to be served by the District in the northern part of New Hanover County for more than six (6) years; and WHEREAS, the governing body of the County organized a corporate body in 1983 under the laws of the State of North Carolina, called the New Hanover County Water and Sewer " _ ~" ; ~" -~ , District (referred to as "DISTRICT") to represent the proposed sewer customers within the ~ " ~ " northern portion of New Hanover County; 'NOW, THEREFORE, in consideration of the foregoing"arid the mutual benefits inuring " " to the parties hereto, it is hereby understood and agreed as follows: . - 1. Agreement Supersedes Previous Agreement. - - - " - -- - ~ -- -- This agreement supersedes Contract No. 92 - 0457, dated February 12, 1993, as . , amended, and the privileges and responsibilities of the respective parties as stated in that contract are hereby terminated. ~~~~~ I~ ~, ,~4"_F~ ; "~,~ 98 -~-~ ~.-~. 1 2. PurRose of Agreement. The purpose of this agreement is to designate responsibilities of the City and the ~_ District concerning the expansion of the City's Northside Plant, or construction of a new plant, and treatment services for the District's sanitary sewage entering the City's. Plant from the District's .sewer collection system, both before and after the completion of the expansion. 3. Definitions. - ~ ~ - Unless the contracts ecificall indicates otherwise the meaning of the following p Y terms used in this agreement shall be as follows: • "Plant Construction" is the ro'ect administered b the Ci ursuant to olicies P J Y tY~ P P and procedures mutually agreed upon by City and District and after consultation with the District, in accordance with terms of this agreement to physically improve the Northside Plant through design and construction contracts, and other necessary means, in order that upon completion the Plant can safely, reliably, and. effectively treat a minimum total average daily flow of twelve (12) million - gallons per day. . - -; - . - _ , - •; "Plant Ex ansion" is that art of the Plant Construction in new facilities or P P expansion of Plant facilities which are built after the date of this contract which is • necessary to meet an objective of increasing the allowable average hydraulic flow . of wastewater through the Plant from 8.0 million gallons.per day to 12.0 million gallons per day pursuant to DEM parameters. - , '_ ~ ... "Plant Upgrade" is that part of the Plant Construction in new facilities, or . ~ expansion and/or modification of Plant facilities which are built after the date of. this contract which is necessary to improve the treatment effectiveness, and assure , the safe and reliable treatment of up to an average flow of 8.0 million gallons per M . ,.gay •. __ . .... ~ . ~~ . ._ ~ ,~_ - .. ..~ ... - .. z ;;?_ ... - "Shared Construction'.' is that part of the Plant Construction for which the - _ ~' rationale of its design can not be defined exclusively to serve the objectives of the • Plant Expansion, or serve the objectives of the Plant Upgrade, but instead is designed to satisfy the objectives of both the Plant Expansion and Plant Upgrade, " ' ,and is constructed physically as one for the benefits of economies-of--scale or ease of future operation.. . . , . - . ~. ~ . .- _ ,. . ., ~ 9 9 ~ . ,.. 2 4. Responsibilities of the City. A. Treatment Services. In providing treatment services to the District, the City will assume the responsibilities and perform the duties inclusive of, and limited to, the following:, (1) To furnish treatment services to District during the term of this contract or any renewal or extension thereof, at a point of reception located at the City's Northside Wastewater Treatment Plant on 23rd Street, for up to the following average daily flow quantities of sanitary sewage: Prior to completion of the Plant Expansion: . - ~ 8,000,000 gallons per day -After completion of the Plant Expansion: " - 12,000,000 (minimum) gallons per day Average daily flow shall be defined as the arithmetic mean of the total flow for any sixty (60) consecutive day period, in gallons per day. It is understood and agreed that the quantities stated above are the maximum for the relevant periods specified, and that quantities less than these maximums may be received and treated by the City. Emergency failures of treatment due to main breaks, power failure, flood, fire, earthquake or other catastrophe shall excuse the City from treatment requirements stated herein for such reasonable period of time as may be necessary to restore service. - - ~ ' (2) To treat effluent in accordance with guidelines established by the EPA, so that all discharges from the City's treatment plant into the Cape Fear River will meet the effluent limitations imposed upon the City by the EPA and DEM under its operating permit. ~: . (3) To maintain records in sufficient detail to allow a determination of the costs of treatment of sewage at the Northside Plant in order to charge,the fees more particularly described hereinafter. The City shall provide all records referenced herein and shall submit a summary and all supporting documentation, as requested by District, showing computation of fees stated in paragraph ~.A of this agreement to the District on an annual basis. •~ `~- (4) To notify District at any time it may appear to City that the necessary metering equipment is not functioning properly, and further, to test and calibrate such meter(s). (5) To review in a timely manner all requests by District for treatment services for quantities in excess of those established in subparagraph (1) of this section. 100 i ~~~ 1 (6) To review on an annual basis the fees charged for these services, more . particularly set out hereinafter, and to provide to District by May 1 of each year the estimated `. fees and by June 1 of each year the fees to be charged for treatment services beginning July 1 of that year. (7) To review in a timely manner all applications for permits for industrial - customers pursuant to the Sewer Use Ordinance in effect in the respective jurisdiction of District. The City shall review and may approve all permits to industrial users of District, which shall i meet any wastewater service subscriber that discharges into the District Sewer System and, thence to the City sewage treatment system, sewage having the characteristics of industrial wastes, as distinct from domestic wastes and having a BODE and/or total suspended solids ,(SS) or chemical or oth"er constituents different from standard strength domestic waste. The City agrees that approval of permits to industrial users or customers as above defined shall not be unreasonably withheld and shall be consistently ieviewed. Since the City is ultimately • responsible for the operation of the treatment plant, the City shall exercise sole and ultimate discretion with regard to approval disapproval of permit applications, and the District hereby guarantees to assist and cooperate with the City to that end; provided, however, that the City shall~maintain and operate its treatment plant in accordance with the state of the-art of the industry as it shall be determined by the parties hereto to exisf from time to time, and provided 1 further that the City shall make all improvements to its treatment plant as from time to time shall be necessary to operate its treatment plant in accordance with the art of the industry and/or to process; in compliance with all federal; state, and local laws, statutes, ordinances, regulations or other provisions, influent which enters the plant for treatment. . B. Expansion of the Northside Plant. •` : ' . , . , In expanding the Northside Plant, the City will assume the responsibilities . ' and perform the duties inclusive of, and limrfed to, the following: ... - - _ " ' ~~" (1) To~administer, pursuant to policies and procedures mutually agreed upon by . ~, :, ~: City and District, and after consultation with the District, the design, regulatory approval, ~ ~ ~• ., . - bidding, and construction of an expansion to the Northside Plant from a total average design flow. •-;,-. of 8 MGD to a minimum average design flow of 12 MGD, and-shall complete the following . items on or before such time that the Northside Plant reaches ninety percent (90%) capacity: (a) ; _ . al'1 permits and approvals required to authorize City to construct and operate. all elements of. the .. Plant Expansion; and (b) all testing or other preparatory measures deemed necessary by City prior to construction and operation of the Plant Expansion. ~' ~•(2) To provide for the District's participation in the selection of professional . ;,...• services for the design of the Plant Construction, and_to obtain the approval of the District of the .. ,' final design and of any change orders prepared during the construction phase. The City shall ~~ 101. a 4 • permit the District to be represented, in.all decisions regarding the design and construction of the Plant Construction which affect the District's financial responsibilities under this agreement. (3) To operate and maintain the entire Northside Treatment Plant(s), including the expansion upon its completion, in accordance with approved manuals and regulatory standards of State and Federal agencies. ~(4)•To approve payments to contractors performing work for the City on the Plant Construction only for work completed in accordance with design documents approved by the District. - - , - (5) To provide District with receipts for all sales tax payments made on the Plant Construction by City and City's contractors, subcontractors, and agents. - ~. Responsibilities of the District.. ; ., , ., - : A. -Treatment Services. _. ,-- - ~ , ,, - - . In connection with treatment: services provided by the City the District will ~~ ~, assume the responsibilities and perform the duties of, and limited to, the following: , ;, . ~~~ ~~ - , (1) To pay promptly all lawful charges due upon receipt of statement(s) to be .- rendered by City. .~ . ~ - • •. (2) The District agrees to require permits for all industrial users as .defined in Paragraph 4.A(8) above and to make information available to City and enable City to complete its review of the permit application. In addition, District will design or alter its sewer collection system to enable either the District or the City to mechanically cut off customers who dump t • materials in the system that are either harmful or injurious to the City's sanitary sewer system or treatment plant and facilities br that would cause the City to be in violation.of the various state or federal environmental regulations governing the treatment. planti It, is understood by the parties.- hereto that mechanical cutoff of customers above referenced shall be provided and carried out in ~'~~• .... ~~, the same manner that the City currently provides for its industrial customers, and this provision .. ~: , does not require placement of a valve or other cutoff device on each conventional domestic or: r:J. commercial customer service line or tap. Fee mechanisms shall.be implemented to permit the j- City to recoup, from users requiring industrial permits, City administration costs. ~ . . ,: (3) To do everything reasonably necessary-to control the quantity and quality of ^~ effluent entering the City's.treatmentpiant and to take every reasonable precaution to prevent jeopardizing the City's ability or capacity to treat all sanitary sewer flowing through the District,; ~_ Sewer System, .regardless of its source: Nor will the District by act or omission do anything ,, - , 102 W which will adversely affect the City's NPDES permit.for the sewage treatment plant or subject ..the City to enforcement action by any federal or state agency charged with protecting the environment. District`specifically agrees that all material entering the Ogden Interceptor for treatment at the Northside Plant shall have been promptly collected and transported to said facility, and that no material will be held, stored,. or otherwise deliberately allowed to become more septic than material normally collected and transported for treatment. (4) To provide to City not less frequently than annually a report of the number and type of customers served by District and provided treatment services under this agreement, such . . report to categorize customers as residential, commercial and industrial, and to include service addresses for all commercial and industrial customers. In addition, in support of any application ' by District to City for additional treatment services beyond the quantities specified in this - agreement, the District agrees to provide a system plan for such expansion in sufficient detail for the City to determine the additional treatment services required.. B. Plant Expansion or Construction. In connection with the expansion of the Northside Plant, the District will assume the responsibilities and perform the duties inclusive of, and limited to, the following: (l) To designate an official to represent the District who shall have the authority (on behalf of the District) to approve all matters of design and construction of the Plant ' Construction, to include all final design plans and specifications and change orders. - (2) To make payment to the City within ten (10) days of receipt of a copy of invoices from the City on all invoices related to the Plant Construction. • ~: (3) The District has budgeted and appropriated necessary funds:. - 6. Fees and Payments for Treatment Services. .. . , Each party will pay all necessary personnel, administrative, legal, operating, _ . repair, and capital costs associated with the duties and responsibilities assumed and performed by such party in connection with the treatment services provided under this agreement. The fees to ,~ be charged by City to District for treatment services shall be established as follows: A. Basic treatment services fees shall cover operational and maintenance costs .and shall be prorated between the City and District based on actual volume, treated for the District and City. Said fees shall consist ofthe items of cost incurred by City in the operation and . maintenance. of the`Northside Treatment Plant, including, but not limited to,.salary, wages and • other compensation for wages; supervision and planning, plus overhead, reasonable rental on all ~ 103 6 ,, '~ !~ City owned machinery or equipment; rental paid for all rented machinery or equipment together with the cost of an operator thereof when furnished with said machinery or equipment; the cost of all machinery and supplies furnished by the City; reasonable handling charges; capital outlay purchased specifically for the purpose of resolving operation and maintenance needs or problems; and .all additional items of expense incidental to the performance of such function or service. This fee shall not include the City's expense directly borne for the Plant Upgrade and . Expansion, or any debt service thereof. The District and City shall be responsible separately from service fees for the payment of all respective debt service incurred by either the District or the City, respectively, for engineering or construction of the Plant. .. ~ _ • Billing to District shall be based on customer billing information provided by District. City and District will mutually agree upon inflow and infiltration quantities based on sewer flow. The City agrees to read meters• in the manner prescribed in an agreement among the City and District, to furnish appropriate statements of metered sewage treated and charges owed . therefrom, not less frequently than bi-monthly. City and District shall be allowed to have representatives present at the time meters are read. Total flow for the Plant will be measured by reading the influent meter. The District may inspect and verify the City influent meter. B. ~ Debt Service for Plant Expansion or Upgrade: District shall either arrange its own payment for capital costs or, at its election, participate with the City in paying apro-rated share of total debt service. . ~ - • C. Sewer use surcharges shall. be applied as needed for industrial and commercial customers under the City's pretreatment program, such charges to District customers to be the same as the City's fee schedule for City's customers. The District will assure that all customers comply wihth the City's Sewer Use Ordinance. 7. Pavment Res~gnsibility on the Plant E?cpansion and U~rade or Construction. The District shall be responsible for payment for all engineering and construction work necessary for the Plant Expansion as defined in Section 3. The City shall be responsible for payment for all engineering and construction work necessary for the Plant Upgrade. Payment for shared construction shall be split proportionally; based on flow capacity, between the City and . District. The District shall not be responsible to the.City for any payments representing land costs :- . ~ ~ ~- 8. Ownership of Plant Facilities. i :.. ~ ~ . - - :=' Within ninety (90) days of the completion of the Plant Expansion or construction, - the City shall convey to the District title to an undivided proportional interest in the Northside . Plant. Provided, however, at the time•of completion, if mutually agreed to by the City and 104 • s District, the percentage interest in the Northside Plant to be conveyed to District may be . determined by dividing the total construction costs paid by the District by. the total value of the Northside Plant at the. time of completion. The total value of the Plant shall be determined by an , independent appraiser. In the event the parties do not desire a full appraisal, the total .value of the Northside Plant shall be assumed to be.twice the total construction cost of the Plant Expansion plus the value, as determined by an independent appraiser, of'(a) all real property constituting the plant site; (b) the chlorine building and all contents; (c) the administration building and all.. contents except instrumentation and controls for plant equipment; and (d) the structure of the digester building and the structures of the sludge storage tanks. The cost of any . independent appraisal shall be shared equally between the City and District. 9. Septa2e and Grease. A septage and grease facility, to be situated on the Plant site, will be designed and constructed concurrent with Plant.Expansion. Design approval will be by mutual agreement of City and District. The District shall be responsible for seventy-five (7~%) percent of design and construction costs for the septage and grease facility with the City responsible for twenty-five _ (2~%) percent of said costs. The City shall operate and maintain said facility. User Fees shall t- be based .to recover only operation and maintenance costs, through mutual agreement between ' the City and District. 10. Future Agreements. 10.1 Supplemental AQ,reements. This agreement in no way prohibits the City and District from negotiating and engaging in future financial agreements after the completion of the Plant Expansion should environmental regulations, state-of--the-art technology; of other related factors .require or make r desirable a further upgrading of the Plant facilities. - ; _ ; : . , 1.0.2 Regulatory Impact. .~ _. - ~., a , ... , _, , .. . In the event that more restrictive environmental regulations reduce the effective capacity .{ ' of the expanded plant to less than 12.0 MGD, as determined by a registered professional engineer } ;, having expertise in the wastewater field and jointly approved for such assessment by both City and District, the City and District may amend this agreement to reduce the allocation stated in Section 4A (1) of this agreement. Such reduction may be made equal to the proportional amount of plant capacity allocated to each party hereto, of the total amount assessed. If the District or City desires to have any reduced capacity restored and is willing to finance the necessary plant improvements to restore the allocation as of the date immediately prior to the adoption of new ' regulations, the District or City shall agree to schedule and construct such`improvements within a ~ g 105 .~ reasonable time period.' • 10.3 Additional. Pump Station. . The Kerr Avenue pump station serving the Ogden Interceptor will be designed to accommodate the future Spring Branch outfall. i . , 10.4 Purchase of Additional Capacity. The District or City may elect to purchase a portion of the other party's unused capacity, at a mutually acceptable per gallon price. 11. Term of Agreement. This contract shall become effective upon execution of this agreement and shall extend for a term of twenty (20) years thereafter. This contract may then be renewed or extended for such term, or terms, as may be agreed upon by the City and District. ~ ~ ~ ~ . 12. Termination of this Agreement. 12.1 Termination without Cause. This agreement may be terminated without cause upon mutual agreement of the parties hereto. 12.2 Termination for Cause. If either faits to keep and~perform each and all of the covenants contained herein then and in that event, the other party, after notifying the nonconforming party not less than thirty (30) days in advance and upon the failure of the other party to comply within such period, it may at its option either terminate the agreement or maintain an action in a court of competent jurisdiction for damages, specific performance, to injunctive relief. It is agreed that either party's failure to insist upon the strict performance of any provision`of this agreement, or' to exercise any right based upon'a breach thereof,•of the acceptance of any performance during .. . such breach, shall not constitute a waiver of any rights under this agreement. .~ -' `' 12:3 Purchase of Exclusive Interest in Title. ' =~ - ' .: - - ~ ~. In the event this agreement is terminated, the City shall purchase all right, ' title and interest of the District in the Northside Plant. The value of the District's interest in the . Plant shall be determined from the District's percentage of interest and the total appraised value 10~ 9 1 of all real property, structures and equipment encompassing the Northside Plant. The appraisal shall be performed. by an independent appraiser within ninety (90) days of the date of termination. The cost of such appraisal shall be shared equally between the City and District. 13. Amendment of Agreement. This agreement may be amended or modified upon mutual agreement of the respective parties, provided that any such amendment shall be reduced to writing and executed by both parties. 14. Non-Assignability. The rights and duties under this agreement shall not be assigned by any of the parties without the written consent of the other. 15. Conflict of Interest. No paid employee of the City or District shall have a personal or financial interest, diiect or indirect, as a contracting party or otherwise,~in the performance of this agreement. 16. Notices. All notices, requests and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered, or mailed first class, postage prepaid, addressed to: .. - A. City: . , ~.. _ ' ; r: .. ~~ B: District: ... .. .~: , . - ~ .. . • .... - . , 17. Assurances. The parties hereto will comply with any and all applicable federal, state~and local standards;-regulations, laws, statutes and ordinances regarding toxic, hazardous and solid wastes and any other.pollutants; public and private nuisances; health or safety; and zoning, subdivision , or other land use controls. ~ The parties hereto will take all reasonably necessary, proper.or , ~ ,. required safety, preventative and remedial measures in accordance with any and all relations and - directives from the North Carolina Department of Natural Resources and Community Development, the United States Environmental Protection Agency, Health Departments, and any other federal, state or local agency having jurisdiction, to insure the prompt prevention or ~ ~ l0 107• :• cessation (now or in the future) of violations of either the applicable provisions of such standards, regulations, laws, statutes, and ordinances or any permits or conditions issued thereunder. = ~ ... , . - - - ~ . 18. Entire Agreement. •~ • This agreement constitutes the entire understanding of the parties. 19. Binding Effect. ~ ~' This agreement shall be binding.upon the heirs, successors, assigns, agents, officials, employees, independent contractors, and subcontractors of the parties. 20. Continuing Obligation. - •. - fi e arties will make and execute all further instruments and documents re uired `- Th p q to further the purposes and intent of this agreement. :. .. _ .,. 21. Reference. • ,. : • Use of the masculine herein includes the feminine and neuter; singular includes plural; and captions and headings are inserted for convenience of reference and do not define, describe, extend or limit the scope of intent of the agreement. - .. .. 22. Interpretation. ~ • ' . All of the terms and conditions contained herein shall be interpreted in accordance ~- with the laws of the State of North Carolina. In the event of a conflict between the various terms , and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard. ~ j 23. Immunity not Waived. " ~ This•agreement'is governmental in nature, for the benefit of •the public, and is note intended to be for private profit or gain. Any fees charged in connection with the services .. hereunder are intended to-reflect as closely as possible the City's actual cost, and neither party intends to waive its sovereign immunity by reason of this agreement. ., : , - 108 ~ II t i 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 24. Saving:Clause. • If any.section, subsection, paragraph, sentence, clause, phrase or portion of this agreement is for any reason held invalid; unlawful, orunconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. • 25. Penalties. ' District will be responsible for paying any fines, fees, penalties; or costs levied on the City by~any cognizant federal or state regulatory agency for violations cited as a result of actions by District. , . City will be responsible for paying any fines,. fees, penalties, or costs levied on the District by any cognizant federal or state regulatory agency for violations cited as a result of . . actions by the City. 26. No Liability for Failure. It is understood and agreed by and beriveen City and District that City shall not be .liable for any failure of the sanitary sewage treatment system of the City, except for the . negligence of the City, its agents, officials, employees, contractors, or subcontractors. 27. Additional Services. The City, in accordance with N.C.G.S. 160A-3'12, may-but is•not required to provide services outside the corporate limits, therefore it is understood and agreed that the City has no obligation to provide treatment services beyond those specified in this agreement. IN WITNESS WHEREOF, the City has caused this agreement to be duly executed in its name and the District has caused this agreement to be duly executed in its name and behalf and its seal affixed and attested to. . .. ~ ~ • '[SEAL] ATTEST: ~ . , Clerk to the Board New Hanover County Water and Sewer District J. _~ .. ~-- ' , ` . ., E. L. Mathews, Jr... ~ .. .. . " ~ ~ .. " . ~ Chairman .. 12 109 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. .. • ,Approved as to Form: _ County Finance Director County Attorney • ~ ~ City of Wilmington , • ~ . [SEAL] ~ ,, ATTEST: -:.. :. Mayor ~ - _ ... ~ . City Clerk •... '.:. ..~ ... . w This instrument has been pre-• _.. .. •. - audited in the manner required - - • _. - _ - - . by the Local Government Budget "~ and Fiscal Control Act. Approved as to Form: ; r - City Finance Director ; . ~ ~ ~~,. City Attorney ,,, _ • , STATE OF NORTH CAROLINA : '.:: .:'...._ . ' . ; ~ .:~~i ;.' -_ NEW HANOVER COUNTY _ I, , a Notary Public of the State and County aforesaid, certify that Lucie. F. Harrell personally came before me this day and acknowledged that she is Clerk to the New Hanover County. Water and Sewer District, and that by authority duly given and as the act of the District, the foregoing instrument was signed in its name by its Chairman, 110 13 ^: - sealed with its official seal and attested by. herself as its Clerk. WITNESS my hand and notarial seal, this day of , 1996. I= - Notary Public . ~- ~ My commission expires: ~. . ~~ STATE OF NORTH CAROLINA NEW HANOVER COUNTY.'.. -- - . I, ~ ~ ~ , a Notary Public of the State and County aforesaid, ~` certify that personally came before me this day and acknowledged that she is Clerk to the.City of Wilmington, and that by authority duly .given and as the act of the City, the foregoing instrument was signed in its name by its Mayor, sealed with . its official seal and attested by herself as its Clerk. WITNESS my hand and notarial seal, this day of ; 1996. I _ _ _... _ Notary Public -- My commission expires: ._. __ - y - .._.... _ ,__ .. ,. _ - -. ~ .~ ~., ~ , - - .. .. .n., ... .. _~..__~ _ .....-- -- .. .. - _ _. - - - i .~ .._ ......_ _ .. - . - .._.... ..,~.r_ . ... .. _ _.. ~- ~ 14 1.11.... -: ~~ ,. 1 `I Expansion and Upgrade to James A. Loughlin VWYrP to 12 MGD (As provided by the 1996 Evaluation by Black & Veatch) City County Pro'ected Cost Percenta a Amount Percenta a Amount Ex ansion of NWIrtP ~ Abandon Trickling Filters 50,000 33.33% 16,667 66.67% 33,333 Upgrade Intermediate Pumping Station 50,000 0.00% 0 100.00% 50,000 Aeration Basins (One basin) (1) 500,000 -33.33% "(166,667 133.33% 666,667 Additional Blower Capacity 100,000 -33.33% (33,333 ) 133.33% 133,333 Final Clarifier Dist Box 50,000 0.00% ~ 0 100.00% . 50,000 Final Clarifier 800,000 0.00% 0 100.00% 800,000 Tertiary Filters 950,000 66.67% 633,333 33.33% 316,667 UV Disinfection Facilities 450,000 - 66.67% 300,000 33.33% 150,000 Modify Effluent Pump Station 100,000 ~ 0.00% 0 100.00% 100.000 Gravity Belt Thickener 150,000 0.00% 0 100.00% 150.000. Electrical 8 Instrumentation x80.000 , _ 0 00% I 0 ~ 100.00% , 480.000 General Requirements 480,000 0.00% 0 100.00% x80.000 Total Construction 4,160,000 750,000 3,410,000 Engineering, Legal 8 Admin (25%) 1,040,000 187,500 852,500 Contingency (15%) 624,000 112,500 511,500 Total Expansion 5,824,000 ~ ~ 1,050,000 ~ ~ 4,774,000 Crty/County percentage ~ ~ 18.03% 81.97% U rade of NWVI"P ~ Nitrification Aeration Basins (Two Basins) (1) 1,000,000 ~ 100.00% 1,000.000 0.00% 0 Blowers 1-00,000_ 100.00% ; 100,000 0.00% 0 Alkalinity Feed System 100,000 ~ 66.67% 66,667 33.33% 33.333 Electrical 8 Instrumentation 170,000 66.67% 113,333 - 33.33% 56.667 General Requirements 170,000 66.67% 113,333 ~ 33.33% 56.667 , Total Nitrification 1,540,000 1,393,333 146,667 Tertiary Filters ~ ~ - Filters 1,900,000 66.67% ~ 1,266,667 ~ 33.33% 633,333 Electrical & Instrumentation 300.000 :66.67% ~ 200,000 ~ 33.33% 100.000 General Requirements ~ 300.000 i 66.67%, " 200,000 ~ 33.33% 100,000 Total Tertiary Filters ~ 2,500,000 ~ ~ 1,666,667 ~ 833,333 Reaeration Add Diffusers to Cholorine Contact Basi 20,000 66.67% 13.333 33.33% 6,667 Air Compressor ~ 80,000 ~ 66.67% ~ 53.333 ( 33.33% ~ 26.667 Electrical 8 Instrumentation 15.000 ~ 66.67% 10,000 33.33% 5,000 General Requirements 15,000 ~ 66.57% 10.000 ~ 33.33% 5,000 Total Reaeration 130,000 86,667 43,333 UV Disinfection Facilities 1,600,000 66.67% ~ 1,066,667 ~ 33.33% ~ 533,333 Total Construction 5,770,000 ~ 4,213,333 1,556,667 Engineering ,Legal 8 Admin (25%) 1,442.500 ~ .1,053,333 389,167 Contingency (15%) 865,500 ~ ~ 632,000 ~ 233,500 Total Upgrade 8,078,000 ~ ~ 5,898,667 ~ ~ 2,179,333 Crf /Countvpercenlaoe ~ ~ 73.02% 26.93% Se to e and Grease Facili ~ Construction 500,000 ~ 25.00% 125.000 ~ 75.00% ~ 375,000 Engineering ,Legal 2 Admin (25%) 125,000 ~ ~ 31,250 93.750 Contingency (15%) 75.000 ~ ~ 18,750 ~ 56.250 Total Septage and Grease Facility 700,000 ~ ~ 175,000 ~ ~ 525,000 ~ ~ ~ Total Expansion and Upgrade 14,602,000 ~ ~ 7,123,667 ~ ~ 7,478,333 Crfy/County percentage ~ 48.79% ~ 51.21 ~ ~_ (1) Cou~ ing for 1/3 of all four aeration basins in place after upgrade and expansion of the VVVVrP. (2) Biose~id~F~lity Debt Service will be paid through user fees for treatment costs WWTP-EST. WK4 04/01 /96 ~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS .CONSENT .AGENDA MAY 20, 1996 9:00 A.M. . ITEMS OF'BUSINESS . 1. Approval of Minutes 21 Approval of resolution stating the Board of Commissioners, will not grant funds for travel of specified groups 3. Adoption of resolution approving sale of surplus radar units to West Chatham Warning Devices Approval of Criminal Justice Partnership Program Grant Application "; - ~ - - . - . Approval of grant application of an HIV/STD Prevention Project Grant Approval of agreement bet`veen Cape Fear Museum Associates And New.Hanover County regarding revenue-sharing and Audit requirements 7. Approval of resolution directing Tax Collector not to bill or collect tax accounts in the amount of one dollar or.less 8. Approval of appeal for release of 1995 late listing penalty CTI of North Carolina,. Inc. 9. Approval of New Hanover County and New Hanover County Fire District Collection Reports for the period ending April 30, 1996. ..._ -- - ..__... __. . 10. Approval of Release of Value 11. Adoption of Time Warner Cable Customer Service Standards 12. Approval to convey vacant tract to Wilmington Housing Finance and Development, Inc. without compensation, PAGE NO. 113 13. Adoption of resolution addition the following road(s)s to the State Highway System: Maypop Court in River Oaks Subdivision 14. Approval of Civil Engineer position 15. Approval of Consolidated Contract between State of NC, Department of Environment, Health, and Natural Resources and New Hanover County Health Department 16. Approval of New Hanover County Fire` Commission By-Laws 17. Approval of Budget Amendments: A. #96-0202 to budget additional State CBA grant funding. For the Non-Secure Detention Program. B. #96-0208 to reduce budget to actual amount of Title III-F .~ Health Grant funds available for FY95-96 to the Department of Aging A A •L. ~ .r .t .. ~_ ~. . ... __ . ... , s.. ~ . .• 1 .• ~ . a , .j 114 .`.d~~ - . i` 1 1 1 1 1 f 1 1 1 1 1 f 1 1 i 1 1 REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: Consent Item #: 1 ,Additional Item #: bepartment: Governing Body Presenter: ~ . Page Count In Agenda Package: Contact: Lucie Harrell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve the .following minutes: Special-Joint Meeting with Wilmington City Council, May 3, 1996 RECOMMENDED MOTION AND. REQUESTED -ACTIONS: Approve the minutes t FUNDING .SOURCE: Federal S: State S: , County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: ~ BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:~° COUNTY COMMISSIQNERS ~os~tPOr±~~ ~. Refer to Office Vision Bulletin Board for Disposition 115 This page intentionally left blank - , _ _ - ,, , ,~ ... .i- .. r. _., .. '~, 'a N ~~f~'Ss`xi 1 ~ ~ ~ n»ri 1.Yy~Qe,, ~ ~s5., ~ ~, j REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: Consent Item #: 2 Additional Item ~: Department: County Manager Presenter: Page Count In Agenda Package: 2 Contact: Allen O'Neal SUBJECT:. County's participation in funding of travel for specified.groups. BRIEF SUMMARY: In the past, various organizations have solicited funds from the County to help cover the cost of engagements or performances outside the County. The attached resolution addresses the County's position in such instances. RECOMMENDED MOTION AND REQUESTED ACTIONS• Consider the attached resolution. FUNDING SOURCE: FederaF S: .. __ State S: , _...._..._. County S: User Fees S: ~ Other S: Money Is In Current $udget: ; -'<<, :. New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER' COMMENTS AND RECOMMENDATIONS• ~~ Consider the attached resol t' n. If resolution is approved no organization will be granted funds for the stated purpos .,' ~ ~ ~ .. ' , -~v,~; r / i.v~Vti~1SSI0NERS APPROVED Q _ , ~. .-=~..~ REJ~~'tEp ~' . REMQV~D ~ t...: ~~ ...,, 117 ~OSTPON~D CI ' Rcfer to Office Vision Bulletin Soazd for Disposition ,_ NEWHAIVOVER COUNTYBOARD OF COMMISSIONERS RESOLUTION -~ ._.. ~. .. WHEREAS, various meritorious athletic, cultural and social, organizations and associations from time to time solicit funding from New Hanover County for travel engagements; and WHEREAS, New Hanover County can on y encourage and acknowledge the very important contributions said groups provide both the County and wider community, but-not make tax monies available to fund such travel. NOW, THEREFORE, BET IT RESOLVED, that the New Hanover County Board of Commissioners shall not make public monies available to fund travel activities of athletic, cultural and social, organizations and associations. This the ?0th day of May, 1996. New Hanover County . , _ - _i [SEAL] Robert G. Greer, Chairman '~ ' ~ ~ ~ ~'~'~ ~ '" ' Board of County Commissioners : ~: ~~' :: . - ... 3 s Y ' ~ t ATTEST: ,. .-_ . _ --- , ._ _ . . _.----------__. __-.~..__....-- - -. _... .:._. - .. .i •. .,t 1 ._... ~.. a .s.~ .. KI ~ ... I , __ Clerk to the Board N ~ ~_ ~ .. _ ~,, ~ -.~ ~ ~ .- ,-4.e»~t-~,~nryr 118 ~. ~ ` ~.rJ ~~~~~,~s~~s1 ... ~. ~: REQUEST FOR BOARD ACTION . Meeting Date; 05/20/96... .,. Regular Item #: Consent Item#: 3 Additional Item #: ~~ Department: Sheriffs Department- Presenter:. _ Benda Package: .Contact: Amy Akiri . b .. - ,.. SUB ECT.In A Sale of four (4) surplus radar units. ,- BRIEF SUMMARY: - - - `The-radar units have been owned by the Sheriffs Department for at least ten years.- Three of the units are in .need. of re air .and one is totall ~ ino enable. The Coun has received an offer of P Y P tY X700.00 forahese units. and staff is .requesting approval to dispose of the radar units in ,accordance with the General Statutes pertaining to disposal, through private sale: - .RECOMMENDED MOTION AND REQUESTED ACTIONS: .. -. Staff recommends adoption of resolution. approving sale of surplus radar units to West Chatham ~' Warning Devices._ ~ - .. r:. ~ r ;: - ~~ ~ . . ~. ,.~ ~ .: a. ... FUNDING. SOURCE: ~ ~~ ~ ~ _` Federal S: ~ _., State 5: :•~ - - 'County S: :'.. • ~. User Fees S:. Other S: 700 ~~ ~ , Money Is 1n Current'Budget: No New Appropriation Request: No ~ r ' ~~ Budget Amendment Prepared: 'No BY: RGL IEWED FIN: _ BIJD: APP CGRIFF . IN. HR: - COUNTYMANAGER'S C MMENTS AND. REC MIVIENDATI ' Recommend adoption of resolution approving sale of surplus radar units. ~, , . -_ '. (~ COUN#Y ±~lQMMIS~t~ yM_ . - .. . . .::: REM, ~'! ~ ''' . , ~ . ._,.. posr~n~~~a. • ~ ~ 9 _ ~; ~ .. t _ ~ Refer to Office Vision Bulletin Boazd for Disposition ' .. RESOLUTION' OF THE "~ BOARD OF COi~tMISSIONERS - - OF- ' NEW HANOVER COUNTY - WHEREAS, the Sheriff s Department has four{4).MPH K-55 radar units which are at least ten years old, of which one is inoperable and the remaining three need repair, and would like to declare as surplus these radar units as listed: . One Radar Unit MPH K-55 Counter Box Serial # 17083 Antenna Serial # 1708 ` Two:Tuning Forks Serial # 3365 and 2705: , . r' ~ .. ' .. . . One Radar Unit MPH K-55 Counter Box Serial # 21845 . Antenna Serial # 2172 Two Tuning Forks Serial # 63037 and 960078 One Radar Unit MPH K-55 Counter Box Serial # 21724 Antenna Serial # 21723 Two Tuning Forks Serial # 3362 and 3442 . One Radar Unit MPH K=55 Counter Box Serial # 1418 . Antenna Serial # 14186 - - Two Tuning Forks Serial # 2324 and 62810 AND'WHE.REAS, the Sheriffs Department would like to dispose of the four (4) radar units pursuant to G.S. 160A-267 to West Chatham Waming Devices, of Savannah, Georgia in the amount of Seven Hundred Dollars ($700.00) ; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New . Hanoyer,County. that.the sale of four (4) radar units to West Chatham Waming Devices, by the Finance. `. Office pursuant to G.S. 1 GOA-267, in the amount of Seven Hundred, Dollars 0700.00) .is .approved. This 20th day of May, 1996. ,~. -~..;,, . (SEAL) .- ____.-_~._______.-_........._ .. - .__... _ _ ._...._ ._... _... _. _. ......__._.~....- ....._. "' ~ -Chairman, Board of County Commissioners ~, ATTEST: . . rx~_ ~f rar^zirZ nr~aF;il.PrJ,~y, ~_ - - ~~ ~ > Clerk to the Board ` `'~ ~ ' ~ W_ ~ ; ` ~ ` '' _~,~ ',.4 '~ ~ ~~,a~ q ;; 1 ~~ ~ i ~~• ~, ~ iZ ~ 7 r j J ~' L Pry,:' 6'~~ry ~hM1~v~ _... ~' ~~,~ P ~~ REQUEST FOR BOARD ACTION Meeting Date: OS/20/96 Regular Item #: Consent Item #: 4 ~ Additional Item #: Department: County Manager Presenter: N/A Page Count In Agenda Package: 24 Contact: Andy Atkinson SUBJECT: :Criminal Justice Partnership Program Grant Application BRIEF SUMMARY: The ~ Criminal Justice Partnership Program . (CJPP) began last year: Through the grant funds provided by `the State t<vo programs were implemented, a pretrial screening program and a Day Sentencing Center. Through March of this fiscal year the pretrial program has saved over 3,000 jail bed days. At a cost savings of $30/day more than .$90,000 in jail cost was averted. The Day Sentencing Center~is beginning to make an impact. The Center opened in Oct 95 and now has an active case load of approximately 30: Many programs have been established to work on' both punishment and prevention. The grant is for $1~~,836, the same as last year. There is no required County match. The grant period is for f scal year 1996-97. ~ " RECOMMENDED MOTION AND REQUESTED ACTIONS~ Request approval to file the application for grant award. and if the grant is awarded to authorize acceptance. The authorizing official is Andrew J.-Atkinson, Deputy County Manager. -- COUNTY :COMMISSIONERS APPROVED p .REJECTED p .. - - REMOVED O . ., POSTPO{~Ep 0 FUNDING SOURCE: . _ ~_ - " " D~~E - " __ Federal S: ,State S: 15,836 ~ County S: ; ~ :User Fees S; Other S: Money Is In Current Budget: I~1o tVew Appropriation Request:'No 3udget Amendment Prepared: IYo - - REVIEWED BY: ~ ~ -~~ ' ~ ~ - LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS- Request the Board of Commissioners authorize the County to apply for the continuation grant of $15,836 for operating the CJPP, and if awarded authorize the s grated authorizing official, Andrew J. Atkinson, to accept the grant on behalf of the Coun . 121 ~.. ~~ - Refer to Office Vision Bulletin Board for Disposition CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS PRETRIAL RELEASE PROGRAM •. 7. Executive Summary ~ • a. Description of the program operation . This program provides assistance to the courts in selecting and monitoring low- risk defendants who pose little danger to the community if released, while at the same time holding at abeyance the increasing jail population and related costs. L .., Implementation steps of the pro- rq am: .:.r. ~ . All arrestees admitted to New Hanover County Jail. are considered eligible - .~ for pretrial screening after 72 hours of admission by interview and verification of interview. In some cases, release is considered in less,than . 72 hours, as was proposed in the original plan. For example, an arrestee with a serious medical problem may be released to a family .,member by a judge shortly after admission. Also, at the time of the first court . ~ ~ . appearance, which usually happens within 24 hours, a judge may release the defendant prior to 72 hours in certain situations. . In the original plan, certain offenses automatically disqualified an arrestee from consideration in the program. These are now considered "suggested ~ ~ ~.~'?~'~ a~."} ' , ~! t`i'lt ~~~exceptions." Ajudge may determine a defendant to be low risk regardless fi~~;t the charge and choose to approve release. These are listed below: ~.;,~~, ~:~.~ o f,, (2.) persons for whom no bond is set (capital offenses) i.e. murder, first ~~~~~~`~~` and second degree rape, armed robbery, arson, drug trafficking - (3j civil contempt (non-support sentenced) ._ :.. ... __ _ . ~- ` ~~ (4) detainees from other jurisdictions and escapees ' ~ ~ ~~~~ (5) probation violation. (6)' ~~ parole violation ~ ~ ~ `' ` ' ~ ~ ~ _ . (7) ,crime involving use. of a weapon _ ~ ~=~ ~'~' ~ .,"•~`~~'"''~ '~ (8) offenses more serious than Class H felonies ^ It is the Pretrial~Screener'~s responsibility to : ~ , -~ ~ - ~ (1) obtain a .current jail-list for the purpose of determining which ' offenders need to be interviewed for possible release ' ~ consideration including guilty pleas or those in need of acourt- _, .. ,.. _ ~ , aPPointed attorney. - . , .. ; 122 CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS PRETRIAL RELEASE PROGRAM b. Lisf of program components and a schedule for each This is nonapplicable except when ordered by a judge. The New Hanover .. County Pretrial Release .Program limits time spent on .drug treatment, educational services, job development, etc. unless recommended in special cases. For example, there are some defendants who will be more appropriately placed in a treatment program immediately rather than remain in jail when disposition of case will not be scheduled for a long period of time. Contrary to initial policy of limited involvement, some judges require the screener to assist some defendants with drug/alcohol treatment programs or treatment for mental problems. Also, there are some instances in which a defendant requires special help due to limited mental capabilities.. In those cases, the screener acts as a liaison with other agencies in the community. ._ c. . ~ .List of services the~program ~is design.ed.to provide - '- ~-:.The New Hanover County Pretrial Release Program offers a range of services to assist defendants unable to secure a bonded release from jail prior to trial, while insuring that the release of the defendant maintains the safety of the community and.there is a reasonable assurance of~the defendant appearing in court as mandated. ' .The New Hanover County Pretrial Release Program is designed to reduce the increasing jail population by expediting cases and providing judges with accurate information about offenders for the purpose of bail considerations. = j,, :° The program strives to; . ; ~ ~~;-. - . ~. -' ~°~-~ (1) ~ :improve bail setting by providing complete, accurate, and non- adversarial information to the Court ~ . '~ ~'. ' '`~ (2) ~ identify those for~;whom alternatives to pretrial incarceration are ... . _ appropriate - ~ t . 'r ~ , ; ~(3) ~ - monitor released arrestees to insure compliance with court-ordered - conditions and reduce the likelihood of failure to appear ji Specific services provided by the proQrarn - ' ~ ~ The program provides monitoring of defendants who are released to the pretrial program by the presiding judges. Monitoring remains until - ~~ disposition of the defendant's case. 124 ~~ 3 CJPP Community Convections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS 'PRETRIAL RELEASE PROGRAM The provision of treatment services is not a priority for pretrial programs; .. however, the screener provides referral information. such as; (1) employment services _ ~ . - (2) housing assistance services (3) education services (community college, etc.) . (4) mental health services - . (~) Department of Social Services _ (6') substance abuse and anger management services . d. Steps which remain prior to implementation . The New Hanover County Pretrial Release Program was implemented on June 1, 1995: e. Pans for follow-up and continuing care for substance abuse treatment components ~-.`~~ _ ~~ ' - This.is nonapplicable for the Pretrial Release Program, since defendants enter the program prior to court disposition of case and assignment of probation. f. List of community resources currently used in the program . ` This is nonapplicable for the Pretrial Release Program except on a limited basis when ordered by the judge. Ordered resources include:. ~ .: i. - employment agencies ~ ~ _ ~ ; ii. school system ,. ,: ~ . iii. mental health department.... _:~, _ .: - .~~ iv. ~ ~. ~ drug/alcohol treatment program . ~ - v. Department of Social Services - .~ vi..::4~ shelters for the homeless ~• :. ~ , - , : - - ~ - _ - ~ ' vii. services offered by United Way _ ~ .: - '" = :~' Since the initial startup of the program,,the Pretrial screener has coordinated efforts with the local substance abuse counselor by referring detainees for ~. - ~ ~ evaluation and consideration for placement .into inpatient treatment programs. Using pretrial release .for defendants to go into treatment programs prior to disposition of cases is a new approach for New Hanover County: The defendant is approved to be released into custody of a family member who transports them 125 .-. 4 CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION fIJNDS PRETRIAL RELEASE PROGRAM immediately to ~a treatment~program.~~~Upon~ completion of the program, the Screener advises the defendant of the recommendations from the counselor concerning transitional placement. The attorney schedules a court hearing after the defendant has already started the rehabilitation process. This allows the case to be .more efficiently expedited. Ultimately, the number of jail bed days saved is greater since the defendant has used the time waiting for trial in a treatment program rather than jail. The progress of the defendant in completing. the treatment program enables the judge to determine the need for further treatment at disposition. ~ ~ - ~ _ - - There are no written agreements with providers of these services for the Pretrial Release Program. Most services used by the Pretrial Release Program are ~~ available to~the defendants without charge. _ ~ ~ . . ,. , g. Copies of all final versions of contracts for services ;This is nonapplicable for the Pretrial Release: Program. 2. Summary of the goa/s; objectives and activities of the Program and changes from the original plan ~ ... _ - . ,_.... a ,, a. Goals--Projected long-term outcomes or results As enumerafed in House Bill 281, the goals of the Criminal Justice Partnership . Program are to reduce:.._. ~, , , ..~. ; -, ~-: ~ ~ ::..: i. - recidivism - ~ " ii. probation violations . , _ , ~ ~~ iii. alcoholism and other drug dependencies ,~ -~~ -. ~ ... iv. the costs of incarceration to North Carolina and its counties The goals developed by the New Hanover County Criminal Justice Advisory Board are: .~ .l ', .';~x;_ ,' _ .. ~ . ~~ i. ~=~ the development of comprehensive.community-based alterriatives in the ~- -. ~ county that will support the new sentencing structure ~..: ~ . ii. ~ - the development of comprehensive community-based alternatives that " ~ ~ ~ will provide rehabilitation for criminal offenders ~ .. - iii. ~ the promotion of coordination andprovision of services betweenagencies . ' 'which already exist,in the county- ~ ~ .. - . ~ ' 12~ . ~ . ~" CJPP Community Corrections-Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS PRETRIAL RELEASE PROGRAM ' The goals of the CJPP will continue to be addressed by the Pretrial Release ~~ ~ ~ Program for FY1996-97 through ongoing development of the program. = Remaining flexible from the start, the program has incorporated new ideas for - accomplishing the goals while keeping the same basic structure. ~- ~ .. - - :The goals developed by the New Hanover. County Criminal Justice Advisory - r. Board have not changed for FY1996-97; however, the techniques for carrying out the goals continue to evolve. ~.. b. Objectives-Projected short-.term measurable results ~~ ~ . .. The objectives developed by the Nevv Hanover County Criminal Justice Advisory • Board are: ~ _ . = = i. operating a pretrial release program designed to reduce the increasing jail _ ~ population in New Hanover County -- .ii. ~ .. ~ expediting cases and providing judges with better and more accurate ' ~ ~ - " 'information about offenders for the purpose of bail consideration iii. identifying low-risk defendants held in jail two days or more - iv. -decreasing the average daily population by ten (10) percent .~ ~`, c. • Activities--Day-to-day activities in measurable terms - ' - ~ i.. The plan for the New Hanover County Pretrial Release Program was approved by the New Hanover County Board of Commissioners and - ~ ~~ • submitted in grant-application form to the North Carolina Department of - Correction by February 15, 1995. . ~ ~ - . ' ~, ii.~ ~ The Pretrial Release Pro ram was im lemented b g p y June 1, 1995, to -' •~ ~ ~ ~ -~ reduce the increasing jail population in New Hanover County. Forty-two " ~ ~ ~ ,~: LL~ (42) offenders have been released since July 1995 with positive return to - _ ~ .'-'- ~ ~.court.. Projections for FY1996-97. would be steady increases in the - ~ - - r~ ~ number of~dispositioned:.cases with .positive return to court at the rate of '~ ~ ' ~ ' . ~ . '- -. approximately five (5) to ten (10) per month. The average active caseload - .. ~ of thirty (30) is anticipated to increase to fifty (50) or more by the end of FY1996-97.._ ... - .. ~- - ~ ":.iii. _ -Cases are expedited by the Pretrial Release Program in various ways depending on the individual case.. For example, the Screener interviews an offender whose name is on the calendar for "Felony Thursday" prior to Thursday and presents verified information to the jud e for the ur ose 9 P P of bail considerations. Handling the prerelease of such offenders at this • 127 -~ . ~~ 6 CJPP Community Corrections Plan. APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS PRETRIAL RELEASE PROGRAM ' ~ '. point in the judicial system reduces the number of jail days.. Otherwise, ' defendants would remain in jail longer awaiting trial in Superior Court. In .. some cases, .the charges are reduced to misdemeanors and the cases are dispositioned early which reduces the: time spent in jail. ~ On "Felony Thursday", everyone involved in a case is present, including the judge, `. District Attorney, defendant, victims, family members, probation officers, .and the Screener. This. enables the decision. of pretrial release to be more efficiently addressed. .. iv. Identifying low-risk offenders within 72 hours or more sometimes takes - place in less than 72 hours, depending on the circumstances;. thus, more jail days are saved. Currently, the Screener targets the offender on the - . first day and starts the procedure which often takes 72 hours or more to prepare far presentation to the courts. This earlier preparation also saves., jail days. . v. - ~ The Screener continues to improve risk control~by submitting verified data to the judges including physical and mental treatment issues. In some • ~. .. ~ .cases, the screener ~ recommends to the- judge .that treatment be a .. ..condition of pretrial release and the defendant is prereleased directly into an.inpatient treatment program prior to disposition.. When the defendant returns from the treatment. program, the Screener makes referrals to an outpatient program locally or a local transitional residential setting. When the case does go to court, the~judge has a more informed opinion of the success of the defendant in a treatment program. This allows the judge ~~ to include further long-term treatment as part of the case disposition and .:, sentencing. ~" .... ~ ..: ~ ,~ • vi. ~ The Pretrial Screener was hired on June 1, 1995, to oversee the - operations of the Pretrial Release Program. _ ~• vii. .The average daily jail population has been decreased by ten (10) percent. ' - ~. On average, the Pretrial Release Program maintains 30 active cases out ' ':.. ^,.- of 284 jailed defendants: ~ Thus, the jail population is at least 314 without - ~ .. ~ •;.. 'pretrial release. ;Because the capacity of the'. jail is 209., the Pretrial ' ~~.. • .. '~ ..Release- Program must increase the number released even more in . .. -. . ~ FY1996-97: .The goal of 800 jail, beds saved in the current year was realized in March 1996 '.(381 percent or 3,048 actual jail ..beds saved). This is a savings of $91,440. At the current rate of 30 active cases, a .. ~ ~ ~ ~ projected goal of.7;200 jail beds is a conservative estimate for FY1996-97 . . . '_.~ a. and wall probably be exceeded. ~. , . .. . -. 128 7 1~ ~~, . CJPP Community~Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS PRETRIAL RELEASE PROGRAM Administrative structure and staffing pattern The New Hanover County Pretrial Release Program employs a screener whose primary function is to manage the day-today operations of the program. This staff person reports directly to the Deputy County Manager and maintains close coordination with the Chief Superior Court Judge, Chief District Court Judge, and the Chief Jailer. This position is fulltime (40 hours per week). This staff person maintains a close, cooperative working relationship .with other community agencies., the New Hanover County Criminal Justice Advisory Board; the New Hanover County .Board of Commissioners, and state agencies as necessary to improve and enhance the overall mission of the Pretrial Release Program. - a. ,Staff training The Pretrial Screener has attended training sessions associated with the existing pretrial program, Pre-Trial Resource Center, Inc. in Onslow County. This training provided appropriate orientation and:ongoing training that addresses: i. basic structure, operations, and management . 3 .~- ii. • confidentiality policy iii. development of necessary forms iv. working relationships with court and jail officials b. Financing - The North Carolina Criminal Justice Partnership Program provides the funds for operation of the New Hanover County Pretrial Release Program. c. Degree of community involvement ., - _ _ ~ _ .. __. - v . ,., ... Th'e program uses volunteers whenever appropriate.- Since the initial startup, the program .has used one volunteer from Vocational Rehabilitation Program to make some computer entries. Also, one defendant who successfully completed the Pretrial Release Program .contributed time to answer telephone calls and take messages for the screener during busy periods. d. Plans for continuing care and follow-up upon completion of the program The pretrial detainees .(program participants) will continue in the program until • trial disposition. ~ - • - 8 129 - CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUN_ DS PRETRIAL RELEASE PROGRAM 4. Lists and confacfs , a. New Hanover Criminal Justice Partnership Advisory Board Community Based. Correction Program: Delores Moore, Retired . Community Services Work Program - ~ - Donna Williams _ ~ Community Services Work Program Community Services Coordinator: .• Sherri Yelton, ,Director Community Penalties Program, Inc. Employment and Training: Victims .Services Program _ -, Business Community: . ~ _ Members-at-large: .- . ~ .. Mack Wade Sandra Morris - Robert Deacy , .Rudy Thurman - Ted Seawell . Steve Woodard Dr. Liz Marciniak Ms. Kimberly Roberts Day Sentencing Center: Joanne Zarrello, Director Day Sentencing Center and TASC Pretrial Release Program: Alice Hovis, Pretrial Release Screener , ~ ~ .. _ ww Meetings for the Year: Meetings are scheduled bimonthly beginning August. ... b. Agency Representatives . .. . ,. ~~, _ , County Commissioner. - _ :Mrs. Sandra Barone -, . ,NHC Commissioners Office.: Chairman of the CJPP Board .. ... _. ... i ,... ,; _, .. .. ...f County Designee: Andrew J. Atkinson .~;. ..- : - ,. .. „ :~ t: • . ~.- • : NHC Deputy County Manager Authorizing official/contact-CJPP Board 130 ~ - g ~, - CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS PRETRIAL RELEASE PROGRAM -Judge of Superior Court: ~ Judge Ernest Fullwood ,~, Judge of District Court:. Judge Jacqueline Morris-Goodson Distract Attorney: John Carracker, DA Sheriffs Designee: Captain Steve Smith, NHC Jail ~, ~ Wilmington Police Chief or Designee: Lt. J.W. Carey ~. , Probation Officer: Terry Gootee, Judicial District Mgr. Mental Health: ~ ~ Susan Hanson, Southeastern Center Public Health: Betty Creech, NHC Health Department Substance Abuse: Virginia Gorman, Director - ~ Substance Abuse Program ~,.' . _ Southeastern Center -New Hanover Citizens Crime Commission: MrAd n rew J. Atkinson, New Hanover County Deputy. Manager Ms. Marguerite Ayers, WWAY TV3 ~ ~ ~ - ~, 'Senator Patrick Ballentine, NC Senate -District 4 . Ms. Janine Bilodeau, TASC Mr. Patrick Boykin, Cape Fear Council of Boy Scouts ~~ Judge Gilbert H. Burnett, retired judge Lt. Joe W. Carey, Wilmington Police Department Mr. John Carriker, District Attorney I~i' Councilman Frank Conlon, City of Wilmington K Ms. Jennifer Cooper,. New Hanover High School Mr. E.B. Davis ~,~~ Mr. Thomas Goolsby, Attorney At Law Mr. Terry Gootee, Judicial District Manager, Adult Probation and Parole Ms. Virginia Gorman, Director, Substance Abuse Center Mr. Rick Hollida Princi al Lakeside chool Y. P S Mr. Harvard Jennings Mr. Alan Jones, Executive Director, Wilmington Housing Authority Ms. Sandra Morris Ms. Charlene Pence ;~ Ms. Phyllis Roebuck, NHC Juvenile Services Division ` Mr. Ted Seawell Captain Steve Srnith, New Hanover County Jail . '~ Ms. Brenda Tucker, NHC Clerk of. Superior Court Mr. Anthony Wade, Director, New Hanover Human Relations Commission Ms. Joanne Zarrello, Director, Day Sentencing. Center and TASC Consultant: Ms. Becki Ney; Sr. Associate, Ctr. for Effective Public Policy ~- ~ .131 ,o /, CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION-FUNDS PRETRIAL RELEASE PROGRAM Regular Meetings for the Year: Meetings will be-held monthly beginning July Requested Contact Information: Authorizing Official: Andrew J. Atkinson - . - _ 320 Chestnut Street, Room. 502 - - Wilmington, NC 28401 ' ~ ~ Ph: 341-7185 Fax: 341-4027 County Manager:. Allen O'Neal • .' - 320 Chestnut Street, Room 502 Wilmington, NC 28401 - _ . ~ Ph: 341-7184 Fax: 341-4027 ~.a`. ~. Program Addresses and Current Staff: "' .Pretrial Release Program - ~ ~ . • New. Hanover County Courthouse Judicial Building , Fourth and Princess Streets Wilmington, NC 28401 ~ . - , ~- ~ Pretrial Screener: Alice Hovis .• .• , .. Y i ~ ~ .. .. ., -. t ... c. 132 11 L .~ •, . ~'~ CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS PRETRIAL RELEASE PROGRAM ~.. 5. DETAILED BUDGET ,~' - . - a o Line Item ~ Amount ~~, Personnel Subtofa! .. _ $2$.$60 ~- Pretrial Coordinator- Salary• 2• 880 FICA 7.65% $ 1.750 Retirement 4.98% ~ 1,139 Medicallnsurance ~ $ 3.091 Travel~Subfotal ,,~~ _ . `° ~ - _ .. '- Contractual Subfofal .. • ~ - _ ,~ Operating Subtotal ~ ~ 9 940 • . Supplies S 1 ` 14Q .Equipment Subtotal - - I~ ~ ~ ~a. T Construction Subtotal ~ ; - - ~ ~. • ~~ Total Annual Budget ~• ~ X30.000 _ ~ : • . . ._ ,2 ~- CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS DAY SENTENCING CENTER 1. Executive Summary ~ - a. Description of th.e program operation The Day Sentencing Center is designed ~to provide: risk control and punishment (via intense supervision; the possibility of additional restrictions such as curfews, etc.); and rehabilitation. opportunities. By including all three of these elements, the Day Sentencing Center addresses several of the Boards objectives for the targeted offender population. ~~ ~ ~ : - - - .~ L Implementation step~-of the.~ogram: Offenders are sentenced to the Day Sentencing Center by the court and are required to report within 24 hours (72 if sentenced on a Friday). Initially, most offenders ar.e expected to report to the Day Sentencing'"~ Center daily. Daily itineraries are required and offenders who are working .are sometimes required to telephone the Center one or more times a day. Day Sentencing .Center staff also monitors the offenders through telephone calls and field visits. However, over time, the offender makes incremental transition to normal community living. Of course, reporting requirements are increased if the offender fails to fulfill his obligations. Random drug testing is conducted. Payment of fines/restitution and' ~ ' fulfillment of .community work service obligations are monitored. The Enhanced TASC Program provides afull-time Assessment Counselor, who makes a comprehensive assessment of the offender's problems and rehabilitative needs within two weeks after reporting to the Center. This assessment includes a home visit and discussions with the offender's family members. Particular attention is given to substance abuse problems. Following the assessment, the offender is assigned to a Case Manager who meets with the Probation Officer (and the Assessment Counselor if needed) to discuss the recommendations. Once the plan is agreed upon, the offender begins participation in Center programs: ' <A` "~~ ` -- Several treatment programs and classes are now offered on site. This allows the offender to take advantage of multiple community services and also makes it easier for staff to hold the offender accountable for his or her participation. This arrangement also promotes coordinatiori and' ~ ~= collaboration among community services in working with offenders, as well as avoid duplication. The Case Manager makes arrangements for the offender to receive services which are not available on site. 134 13 e ~~, :, ~~, n:. ,~~ ,~; ~. r CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF,IMPLEMENTATION FUNDS DAY SENTENCING CENTER b. List of program components and schedules The Day Sentencing Center is a four phase prograrn lasting 12 months. The . .program consists of the following elements:. i. The Day Sentencing Center is open five and one-half-days per week. Operating hours are: ~ ~~ (1) 8:00 am to 8:00 pm, Monday thru Thursday (2) 8:00 am to.5:00pm on Fridays (3) .8:00 am to 12:OOpm on Saturdays ii. Attendance is tracked by the Day Sentencing Center Case Managers. Offenders check-in between one and six times per week depending on their current phase. - iii. ~ ., A11 offenders must develop and submit.. daily itineraries to their case managers.. - _ . iv. Employment, community, and record checks are made by Day Sentencing Center staff. - v. - Activities are scheduled at the Center (or originate there) and are .. mandatory if they are part of the offender's contract. Activities include: (1) life skills classes (2) education . (3) substance abuse treatment and urinalysis . , (4) counseling (5) community services _ (6) job referral services - _~ (7) ~- •. GED/HRD programs . - .. (8) ~• family services - . . vi. ~ The offender remains -under the probation/parole officer's supervision •:~ ,,~. _ -throughout participation. in the Day Sentencing Center Program. Progress -,: reports are provided to the probation/parole officer on a monthly basis. - :: vii,, ,; - In the event, of a serious violation of conditions or program rules, the . _~ , _ . ~ Program Director or the Case Manager takes appropriate, immediate _ ,. ;action with concurrent, prompt notification to .the supervising probation/parole officer. I'f appropriate, the client is unsuccessfully terminated from the program. viii. We currently follow the county community corrections plan as written, with the following exceptions: • ° . ~ _. (1) The Assessment Counselors do not go to clients' homes and meet - - ,with family members. Staff felt after further consideration that -going to client"s' homes may not be safe for counselors. 14 135 CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS DAY SENTENCING CENTER - (2) A staffing change was also made: The Assessment Counselor and r the Case Manager positions have become one person who performs both duties: Staff decided it would be more beneficial to the program for the same staff person to assess the client and also be responsible for the case management. c. List of services provided and schedule for each The Day Sentencing Center offers the following program components and specific services: - - - • -• ~ ~ L i. ~ Life skills classes are held on Tuesdays from 4:00 pm-6:00 pm. They emphasize motivation, stress management, peer pressure, decision ~ ~ making; and health issues. The course is designed to-give clients basic skills to help them cope with everyday problems so that they may begin : - to live drug free lives. It also teachesthe client to be more responsible for ~ his or her own life. ii. -Drug education classes are held on Mondays from 7:00 pm-9:00 pm and - - Tuesdays 6:00 pm-8:00 pm. Drug education classes are designed to teach clients: (1) basic information about drugs (2) drug categories - - (3) drug scheduling -~ (4) drugs and the brain . (5) drugs and the law iii. Intensive outpatient treatment is a forty~(40) week program that consists - of intensive, periodic, and aftercare phases. The client moves through • ~ •~ ° . the bases b attendin all scheduled rou s, individual sessions and P Y 9 9 P • - ` -~ submitting clean urine screens. The intensive phase lasts eight weeks; ' '' •~ ' -- the periodic phase lasts 18 weeks; and the aftercare phase lasts 14 ' . -~~• " ~ weeks. If the client does what is expected, the program is completed in ~~- forty weeks. '~•-The program also includes family sessions, medical sessions, health assessments, physical exam, and psychiatric evaluation. ' (1) 8 weeks of intensive treatment (10 hours) (2) 18 weeks of periodic treatment (3 hours) (3) ~ ' 14 weeks of aftercare (1 hour) - "~ . (4) Total of 40 weeks ~ ~ - " iv. ~• Community service by the clients is monitored by the Day Sentencing - "'Center. The Center also follow-ups to make certain the clients sign up and complete their hours of community service. - 13~ ,5 ,~'~ . ~. CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS ~~~ DAY SENTENCING CENTER ~~ v.~ Job referral. service is provided by-the Case Manager who works with ,~, each client. The Case Manager helps find jobs that the client is qualifed -~ for. This is an ongoing process that continues until the client is employed. vi. The GED/HRD Program is held on Wednesdays from. 6:00 pm-8:00 pm ~~, and Fridays 3:00 pm-5:00 pm. It is designed to help the client who has ""~ riot yet completed high school. The client receives the training needed to obtain a GED and become-more employable. It also teaches a client '~ how to fill out job applications, write resumes, and what to expect on job interviews. - vii. Anger management classes are held on Wednesdays from 4:00 pm-6:00 ~~ pm. The class is for clients that are assessed to have problems in dealing with their emotions. The course consists of the following: ~~ ~ (1) education ~ ~~_ ,.~ j2) a trip to the challenge course to build teamwork skills (3) learning how to better control emotions - ~- . `~, ;viii. The STOP Program is for chronic marijuana users and is held on -- Thursdays from 5:00 pm-6:00 pm. It is designed to educate the client on the effects of marijuana on the body as well as the brain. ~' ix. Narcotics Anonymous (NC) meetings are held on Tuesdays from 5:30 pm- ~' 6:30 pm. x. Cocaine Anonymous (CA) meetings are held on Thursdays from 6:30 pm- ` 7:3:0 pm and on Saturdays from 10:00 am-11:00 am. xi. Paren#ing classes are held on Mondays from 6:OOpm-8:OOpm. The classes are offered for those clients whose childreri~ have been taken ~~ away by social services or those with children who cannot co e with the P trials of raising them due to their own drug use or criminal justice status. xii. Literacy counseling is offered to clients who do not. meet the requirements '~:~ to enroll in the GED program. ~ _. -: . ~ , ~ . ~ - We are currently conducfing all of these classes on a regular schedule: We are at full staff and have implemented all of the programs that were written rn our original plan with the exception of Alcoholics Anonymous (AA). The Day ~ Sentencing Center is scheduled to speak at the next ~AA Board Meeting, ~ ~' ~ requesting that the Center be used as a site for an open meeting. ,, ,~; d. Steps which remain prior to implementation ..- : - ... + ' The Day Sentencing Center opened for operation in October 1995. It is in the ~' .~. process of continued renovations to the buildin These include a g dding more .office space, expanding the group rooms, and recarpetting the entire b 'I g: ~~~ 16 _~ CJPP Community Corrections Plan ~ ~- APPLICATION FOR CONTINUATION OF.IMPLEMENTATION FUNDS DAY SENTENCING.CENTER '~ .. .Renovations are nearing competion and estimated to be complete by May 15, 1996. e. Plans for follow-up and continuing care for substance abuse treatment , components ~ _ ~. ~ , . _. ._. The. plan includes 14 weeks of aftercare for substance abuse treatment. . ... , f. List of community resources currently used in fhe program The Day Sentencing Center currently uses the services of the following: i. Literacy Council -. ii. Cape Fear Community College iii. Narcotics Anonymous ~ ... -~° iv. Cocaine Anonymous ~ .. ~ ~ . ~~ :. v. ~ Employment Agency ~ ~ . ~ . . vi. Southeastern Mental. Health Center ~ : . vii. Substance Abuse Center .viii. Area shelters for the homeless g. Copies of all final ersions of contracts for services See Attachment 1. ~ .~ 2. Summary of the goals, objectives and activities of fhe Program and changes from the original plan ... :-, ~ . ~~ ~: ... .; . a. Goals--Pro'ecfed Ion -term outcomes or results - J 9 . • The goals for FY 1996-97 remain the same.-They are as follows: L . . ~ jt3. .. ..... R;... a .Y .. I. S,..R . f,! ... t.. ~Y. ~.it ! .. _. :.f' a ~. i. to create a safer environment for our citizens '~ ~ ~ -.- ~.:: . _ . ii. .to assist offenders sentenced to intermediate punishment in New Hanover County to become productive; tax-.paying citizens . _ ~~ iii. to ensure closer monitoring, supervision, and accountability of those sentenced to community.sanctions ~ ~ : . iv. to develop comprehensive community-based alternatives in the county that will support the new~sentencing structure ~ :. - v.. ~ to promote the use of existing services for offenders and to encourage coordination and collaboration in providing services to the offenders 138 17 .~` ~- CJPP Community Corrections Plan APPLICATION-FOR CONTINUATION OF IMPLEMENTATION FUNDS i~` DAY SENTENCING CENTER ~' vi. to assist offenders in New Hanover County in overcoming substance abuse problems ~ ... b. ~ Objectives-Projecfed short-term measurable results .The objectives in the original plan were estimated. slightly.high. Since this was a new project in North Carolina, the board .had no data to compare to make a more accurate estimate. Therefore, he objectives for FY 1996-97 will be slightly lower. They are as follows: ~' i. Fifty-five (55) percent of the offenders participating in the Day Sentencing - •' ~ Center Program will not reoffend during the one year period that they are ~~ sentenced. - ~ ii. Fifty-five (55) percent of the offenders participating in the Day Sentencing Center during the second year of operation will complete the programs ,~;~ "~~ r _ . -•~-included in their individual plans. - ~~ iii,.. Fifty (50) percent of the offenders participating in the Day Sentencing _ Center program during the second year of operation will not commit a new - • - ~ ~ .~ ~ crime within one year after completion of the program. _ , c. Activities--Day-to-day activities in measurable terms •.. - - ~~' - ' ~ The Center tracks the daily activities of the offenders by an event ticket system. _ This system ,keeps track of all the groups that the offender has scheduled on a ~~ -- - :: ~dail basis. This information is then entered into the com uter. - . Y P r 3. '~• Administrative structure of the program a. The .Director of the Day Sentencing Center manages the program sand is ~~~ respo`nsible for the following:. =~ • =` ~ - i. ":.'overall operation which includes administration, development, treatment ~,' services, and monitoring of all participants • - - - ~ , .__ ii. recruiting, selecting, developing and evaluating program staff iii. developing and coordinating a complex array. of services •'c,~ _ ~~, _ _ ~~~ iv. ensuring effective services ~' ; ...._. v. ~ public relations ~ :.. _ _ . ~ -. .. . - . .- vi . budget - ~` tr .~ vii. liaison with service roviders court officials robation etc P ,p .,.,. 18 ~~ L CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS DAY~SENTENCING CENTER viii. developing new initiatives and policies ,. ix. community resource development b. The Program Supervisor is responsible for the daily operations of fhe center. This includes: ~` ~ - ~ -~ i. training new staff - ii. handling monthly.supervision meetings - iii. overseeing all activities held in the center c. Case.Managers/Assessment Counse/ors are responsible for the following: -i. ~ providing assessments, counseling referrals, progress reports; developing -, ~ ~ individual treatment plans - ~ _ ii. planning, coordinating and implementing an array of individual, group and .: ~ other services ~ . ~. d. The Day Sentencing Center Secretary is responsible for providing clerical and administrafive support and serving as a receptionist. The staff of the program and the New Hanover County Manager's Office work very closely together..The two offices communicate almost daily on activities at the center. The staff has an excellent rapport with all the agencies that are working with the Day Sentencing Center. The staff works particularly close with the probation office. The staffs of both offices have formed a committee that meets once a month to discuss how . things are working in the center, as well as probation, and to brainstorm about how things may be improved. - :. ... ~_ ~- . -, -~._.. .. - _ .. ~. ~ . ~ ... , , ..- The New Hanover County Day Sentencing Center is in a very unique and favorable position.' The TASC Director is also Day Sentencing~Center Director; therefore, the Center's relationship with TASC is excellent. _ .: ' . e. Staff training ' .~-. -- ~:' -.. . ~~ .. - .' , All initial staff of the Day Sentencing Center visited other sites and attended at three-day training session in Salemburg. - 140 19 ~~ ~~1 r. t~~ r~' ~' ;- '~ 4. ,~l r ~~ ~' .../ (~ a .., ,~~ , ~. ~~ ~, ;~' '~~~, ,, CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS ' DAY SENTENCING CENTER f. tFinancing The North Carolina. Criminal Justice Partnership Program provides the funds for the operation of the New Hanover County Day Sentencing Center. g. Degree of community involvement The Day Sentencing Center uses community service workers whenever appropriate. A community service worker painted some of the building's offices and the conference room. A client in the Drug Diversion Program helped assemble desks and various equipment for the staff. ~ in addition, some unemployed clients assisted with .housekeeping and have performed various chores as assigned:, ~ ~ ,_ .~ ~ : • Lisfs and contacts ~ - - a. New Hanover Criminal Justice Partnership Advisory Board _ ' :. , , ~' ... Community Based Correction Program: Delores Moore, Retired ~ -~ "~. ~. . . . ~ ~ - _ ~~ Community Services Work Program ~~~ ':'~ ~. Donna Williams ~'• ~~ Community Services Work Program Community .Services Coordinator. ~~ ~ .= Sherri Yelton, Director - ~. .~~~ •~ ' _ • - ~ ~~ ~ ~~ ''Community Penalties Program, Inca ~. ` `:. Employment and Training: ~ ~ "~~ ~'~ Mack Wade - Victims Services Program Sandra Morris .. - ._.. - ~~•~ :;-~ .~' Business Community: ~: ~ .. _ ~~ ° Robert Deacy - .- . ~ ,~ °,:.;.:~~: ,s:-~ ~,. ••. ;' ~~: Members-at-large: 'Rudy Thurman .: ` ~ ~ ~', 1 r . ~' ._ -; :°_ Ted Seawell = "° Steve Woodard .. ~ ;.~ ~ „• Dr. Liz Marciniak Ms. Kimberly Roberts 20 CJPP Community Corrections Plan APPLIC_ATION,FORCONTlNUATION OF IMPLEMENTATION FUNDS DAY SENTENCING CENTER Day Sentencing Center: Pretrial Release Program: Joanne Zarrello, Director Treatment Alternatives to Street Crime - -- q• Day Sentencing Center . Alice Hovis, Pretrial Release Screener Aaen~y Representatives: County Commissioner: ~ . •. ~ ~ ~~ . ~_, . , , County Designee: - -Mrs. Sandra Barone - NHC Commissioners Office . . _ Chairrnan.of the CJPP Board . Andrew J. Atkinson ~ - NHC Deputy County Manager Authorizing official/contact-CJPP Board. Judge of Superior Court: - . , . _- Judge of District Court: District Attorney: Sheriff's Designee: Wilmington Police Chief or Designee: Probation Officer. - Mental Health: Public Health: - Substance Abuse: : _ :.. . Judge Ernest Fullwood ~ • -, ~ , Judge Jacqueline Morris-Goodson ;John Carricker, DA :; . _, Captain Steve Smi#h, NHC Jail Lt. J.W. Carey Terry Gootee, Judicial District Mgr. Susan Hanson, Southeastern Center Betty Creech, NHC~Health Department . Virginia Gorman, Director Substance Abuse Program .,.Southeastern Center - . t-:.. ,.,~, . - Meetings for the Year: ~ ,... ~. ~ . .,.. .; ~ - ~ ;~;~i, , ,' Meeting are scheduled to be bi-monthly beginning August 1996. ~ ~~• ,. Crime Commission Meetings for the Year: _, 2~. - -'.,' Meetings are scheduled to meet each .month until further notice. , .. i ~-Z .. .. ~i .~• ' 142 ~ 21 P'~ ~~ ''`~j' ~l -.J b. ~~`~ ~r +!~'. ~~ .,. ~i '~1 `~' ,~, '~ ~~' a ~~ 1 ,y r r: CJPP Community Corrections Plan" APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS DAY SENTENCING CENTER Requested Contact Information: . Authorizing Official: Andrew J. Atkinson 320 Chestnut Street, Room 502 ~ . ._, Wilmington, NC 284.01 Ph: 341-7185 Fax: 341=4027 County Manager: Allen O'Neal . _ .~ 320 Chestnut Street, Room_ 502 . Wilmington, NC 28401 ' ._ Ph: 341-7184 Fax: 341-4027 . Program Addresses and Current Staff: . Day Sentencing Center 801 Princess Street _ , Wilmington, NC28401 Ph: 910/762-5333 Fax: 910/341-5783 Joanne Zarrello - . ~. TASC/Day Sentencing Center Director Marla .Bowers TASC Secretary _ _ - ~ . _ , '~ _F.« 22 CJPP Community Corrections Plan APPLICATION FOR CONTINUATION OF IMPLEMENTATION FUNDS- DAY SENTENCING CENTER ' 5. DETAILED BUDGET Cate~orv i Personnel Subtotal - Supervisor's Salary $ 21,000 (20%) $ 4.200 FICA 7.65% .~. 322 Medical Insurance ~ 40Q Secretary's salary (100%) $15.000 FICA 7.65%. .$~ L8 - Medical $ 2.010 Administration $125,000 (5%) ~~ Workman's Comp ~ ~~~ Cost of Living 1.5% ~ ~~ Merit $ .400 Retirement 2% X384 Travel Subtotal ~ ~ ~ ~ 7~0 Mileage @ S.25 mile S 1.000 Hotel, Food 1 200 Training ~ X24 Contractual Subtotal ~ 8 8.700 Intensive Outpatient (see contract) 8$ 2.099 Family Services X2_,900 Parenting Classes 6 wks @ $300 X1,800 - Anger Management 6 wks @ $300 $ 1.800 Phone ~ ~0 Rent ~1 Operating Subtotal $ 2.843 Supplies $ 1.343 Postage $ 1.000 Printing $ 500 Equipment Subtotal Construction Subtotal To'I 44 ual Budget 23 REQUEST FOR BOARD ACTION . ,~ Meeting Date: 05/20/96 ~ ~ . - ' Consent Item#: 5. Additional Item #: . ~~ Regular Item #: ,. ~ ~ • -• Department: Health Presenter.: ,` Page Count In Agenda Package: Contact: Beth Jones SUBJECT• Application for an HIV/STD Prevention Project Grant ,~ 1 ~~ i! t ~~ ` f t r ~~ ~1 BRIEF SUMMARY: The Health Department wants to apply for a grant. for.~an HIV/STD Prevention Project. The proposal will be reviewed by the Southeastern North Carolina HIV Prevention Community Planning Group. Approximately 50% of the program will concentrate on individualized HIV, prevention case-management by providing enhanced education and counseling for specific populations outlined in the proposal. The request is for $50,000. No County funds are required. RECOMMENDED MOTION AND REQUESTED ACTIONS:- Approve grant application.and authorize acceptance of grant if awarded. • `.,,-. •'_• . J ~ l j' t " ~~• FUNDING SOURCE: ~ ~ ~ ;r. ~• • Federal S: State S: 50,000 . ,.County 5. ; User Fees S: Othcr S: .-,;-• .y • ~ ;New Appropriation Request: Money Is In Current Budget: No ~ - . w, ~,. y •~;, ;i;~.•• _ ._ Budget Amendment Prepared: No REVIEWED BY: •~, .' •-• ..~ _. _ LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT ~. _ : i ..-. _ .. COUNTY MANAGER'S. COMMENTS AND RECOMMENDATIONS: -, ~- ''-~-~ ~~-• ' Recommend approval of grant application and authorize acceptance of grant if awa • UNtY COMMIS~Q~yp j .. .- ... - . _ _ • _ _; _ -~. , .APPROVED ~ 4 5 ••~.,~ '~'. REMOV~I~~ (~ ~ • .~ PQJTPOi~~i ~ Refer to Officc Vision Bullctin Board for Disposition DAB .' i ` IeIE'~V HANOVER COUNTY HEALTH DEPARTMENT 2029 SOUTH 17.T~-i.STREET WILMINGTON, NORTH CAROLINA 28401-4946 TELEPHONE (9.10) 343-6500 FrLY (910) j41-4146 ROBERT S. PARKER _ . .. . Health D'uector LY`tDA F. SMITH Assistant Health Director TO: FROM: DATE Brenda Crowder-Gaines, MSA, Branch Head _ . Prevention Branch, HIV/STD Control Section . P. O. Box 27687 -Raleigh, NC 27611-7687 s Div~ector, Communicable Disease Division Beth Jone . Robert S. Parker, Health Director~~ ~" ` %~ April 18, 1996 The New Hanover County. Health Department is re~q b stthe SENCf HIV Prevent oDn Prevention Project. The proposal is being review y Community Planning Group. The project will work onh a gerox'imately 50°/oft e' progr mt outreach and community based services. In addrti pp will concentrate on individualized HIV prevention case- ned 9e hen roposal!d'The followg education and counseling for specific populations outli P requirements will be met: The New Hanover County Health Department 1 1/Vill comply with all applicable federal, state, and local laws, regulations, and policies. () _ (2) Will ollow applicable state cost accounting principles and. procedures _in the disbursement and accounting of funds.- _ _ _. __ _ _.. _ _ (3) Will submit expenditure and .budget reports quarterly. _ .: - . WII submit quarterly HIV/STD education reports outlining progress made toward ~` (4) meeting project goals. and objectives. ded in this ticket is the proposal, data to support need, proposed budget, and letters Inclu P o port. Thank you for consideration of this request. ,~'~`~~~~~i~~lA~~~1~ fi`a'~r ~h~;,a~~ ,~ ~~~ ~~_ (~OU'C C/ / EQLf/2 lJU2 ~ZCOZLEI~ ~tp~,'fi~` ~'n~~.~?~.1 ,~~ ' , ~~ Project Abstract ~~ A plan is being submitted to hire a Health Educator to coordinate HIV Prevention Programs for New HanoverCounty.. The position will focus on two areas ... (1) coordinating and ' supplementing community education for HIV/STD prevention as well as increasing ~~' screening at the health department, and (2) case-management for HIV prevention by ~~~ providing enhanced counseling and education for three speck high risk populations - ~~ . ,~, teens seen through STD Program, newly-diagnosed HIV positive individuals, and recently `"i notified .partners of HIV-infected individuals. ~' ~ ., ~ - - 4.. y,. ,, f, ., ~ _ '~ .~ ,. .' ~J . „~ ~, ~ _ ~ . \~i - -° .:. ~ ..r 147 .. ~J - PROPOSAL Health Education/Risk Reduction Initiative New Hanover County Health Department The New Hanover County Health Department is engaged in HIV/STD health education Ly J in a vane of settin sin New Hanover'County. HIV counseling. and testing staff provide ~ h,. tY 9 risk reduction education in daily clinic activities as well as community presentations on a ~ ~ ~~ regular basis. The community education has been done with existing staff assigned to HIV ~, ._ counseling and testing and STD programs. Presentations have been conducted by nurses, the communicable disease control specialist, a physician extender,. and nursing ~., director. Locations include public secondary schools, community college and university ~, campuses, Coastal Horizons., civic and professional organizations, street corners, center for develo mental) homeless shelters, I.L.A. Hall, Ocean House (a day care p Y ~. disabled) and others. One of the problems in developing a comprehensive education program is lack of staff to conduct activities. There is no staff assigned to full-time health education and risk reduction initiatives. Instead, staff with. full time assignments in HN counseling and testing L~ ~, and STD program are called upon to squeeze in educational activities without impacting on delivery of direct patient screening and treatment services. With the extent of the L problem in our area, staff are overwhelmed by its magnitude. (See data sheet) The number of patients presenting in the HIV/STD program for screening tests due to risky .~ behaviors is increasing while the age of the younger patients is decreasing. Multiple risk , e 'ors are identified which must be addressed before the problem of HIV transmission ~~~ can begin to improve. t ~ ~ There are several areas of great need identified. Selecting the most critical need and ' attaching a solution is impossible. As we attempted to identify a specific target population ' ucation are aware of one another. upon which to focus, not all involved in nsk reduction ed '~i~ There is.funding in our community that is unclear with regard to purpose and especially { l effectiveness since few clients report being referred from other organizations or agencies. ~~ ~. ~ ~ . 1 There will be two focuses to the proposed project: ~~, ~ ~ ~ r o comrnun~ or anizations re ardin p to .assume leadership and serve as a resou ce t rry g g g ,~~: - education and training in HIV/STD .prevention and establish rietwork of communication ~, about services; and ~ ~ ~ I ® to provide very intense and repeated messages to three very specfic risk populations- ~~~, ~ teens seen in STD clinic, those already infected with H(.V, and partners of HIV infected individuals. The proposal is developed to hire a .health educator who will provide education, i "~~ . appropriate for the population being addressed. .The intent of the proposal will be to ~~, establish New Hanover County Health Department as the lead agency in the community 1 `~ ~ to rovide HIV/STD risk reduction education and to increase referrals of high risk P individuals to the.heafth department for HIV counseling and testing and STD examination ~` ~ - ._.. ._ .. ~ _. I -~, and treatment. Collaboration with community based organizations indudirig the SENC HN ~ ,i' . _, .... _ . , . Prevention Community Planning Group, Coastal Horizons, Cure AIDS, .and the New Hanover Community. Health Center-will assure a concerted effort in New Hanover County ~ ~to reach as many high risk individuals as possible. It will also enable our department to identify gaps iri NIV/STD prevention education and canvas the community with-a variety ~r ~ I~.= of messages about HIV/STD prevention as well as support services. ~ ~~' ~ . ~ ~ . .. 149 .~ ~ '~ ~~ ~~, ,~ . ~ Hire health educator to coordinate HIV/STD prevention program in New Hanover County. Health educator will collaborate with community agencies to provide risk reduction training. Health Educator will provide individualized risk reduction education to target populations. .. ~. ~ _ . COItifMUNITY INTERVENTION PROGRAM .,. Target Population: Agencies.serving,high-risk clients and individuals with high-risk behaviors Process Ob~ctive: Reach out - (Community Education and Coordination} © By July 1, 1997, Health Educator will identify programs with government and private funding that work with populations at risk of HIV/STD's. Professional guidance will be given to assist organizations to develop appropriate and effective risk reduction education. ® Education will be provided to staff and subsequently health educator will work with . ~ -~ :. r . .... staff to develop programs for clients being served. ® Educational programs will be developed specific to population being addressed. A copy of the new CDC program "Respect Yourself, Protect Yourself will be reviewed and implemented where appropriate. Examgle of Agencies and Tar ec~ t Populations: ~A ~ :~ - New Hano_ ver Community Health Center minority population - CURE-AIDS of Wilmington -minority women - Wilmington Housing Authority - low- income/minority Metropolitan Community Church -gay males Domestic Violence Center -childbearing women with history of abuse 15b - Coastal Horizons -substance abusers ^ f ,. ,. `. ,-- ~. ~ - . - ' ' 7 - ~ ' ~ ~ ~ r ® Contracts. will be developed with community-based. organizations to provide HIV, , ~ prevention and counseling and testing in immunity-based.. facilities. .~ ~ . ~... ~ `, ®: .Risk factor determination form will be developed and distributed.in medical;facilities . r -to encourage, medical providers to identify and address risk behaviors. ~~ ~ ~ Wallet-size cards.;wilf be_developed, printed .and distributed with health department . ~` location, services, and hours, as well as prevention messages. ` ~~ -. m. A monthly newsletter will. be written and .distributed to organizations working. in ; community to share information about services in HiV/STD prevention andincrease - ~~. networking ... .l ..HIV :PREVENTION EASE MANAGEMENT . , . ~'!' Ta et Po ulation:~`Adolescents Receivin services in STD Pro' m _ , ~.. ~ P g i~ .., - ..Process Objective: Reach In -Individual Educafion fo Patients Being Served in Health Department `~~ , ~ . , '{ By July 1, 1:997, Health Educator will fiave identified aN STD clients under. 18 years seen _. -between :August 1:, 1996 and June 30,:,19.97 and .provide individual counseling .,and .,. ,. _~ . .. .. -. -s .~ - . °.: Geducation on HiVISTD prevention which;teaches and encourages abstinence 'until marriage as the only.100% effective preventive strategy fore sexualty transmitted .HIV. !!, .. ~,' Health:Educator ,will provide .case-management support to adolescents wfiich may include a ~ referrals.for other supportµservices. . _ . , :.. _ ._. 'Reach Out -Health Educator will develop and distribute public service announcements and '~ v <.~ . community. awareness to promote abstinence for HIV/STD prevention, ' ~ ~ . ~; ; ~ - ~ I Target Population: HIV positive individuals and partners of HIV positive individuals Process Objective: Reach In -Individuals Ident~ed Through i;,ounssling and Testing and STD~Program. By July 1, 1997, Health Educator wil! provide minimum of 3 individual interviews with newly diagnosed HIV positive patients and individuals who report as partners of HiV positive • individuals to health department counseling and testingmprogram•. The repeated contact ' with patients will .improve control measure' compliance and partner notification information'. ' •` The enhanced counseling will further reduce barriers to ~ anonymous ~ HIV testing by demonstrating our department's commitment to~ providesupport and assistance to' H[V positive individuals rather than ~jiist identify them. 'One post-test counseling session' is not adequate follow-up. Currently, HIV counseling and testing staff must decide between seeing HIV positive individuals and testing someone else. The opportunity to work closely with these individuals for at least several months 'should impact on their .'.. compliance with all control measures, including partner notification. Currently; the number of partners of HIV infected individuals who present for HIV testing from client referral is ~` higher than agency referrals.` Unless partners of~~HIV infected persons are informed of the ~~ need for testing ~whicti includes risk reductioneducation, their risk behaviors are riot likely - ~ .. imm iate -after ' to change: One observation made through patient contact is that ed fy someone finding out of their own risk because of exposure to HN, they are "very~responsive~ ~=~'•~ to risk reduction' information.` That~iswhen patierifsFfeel most frightened.' Repeat contact with partners of HIV positive individuals, regardless of the HIV test result, will give them support and encouragement as well as offer specific risk reduction information. ~~ 152 -~~ ;4 0 ~~ . ~ . .. _ ~ EVALUATIQN PLAN , , ~~ .:. ~f -° 'New Hanover County Health Department willevaluate effectiveness of ~p~og-ram by -~ . . ,. .. of ~ ~ examining several areas: - .- .. , 1. Community Outreach 1 .,' - . ,r a) number of requests for education ~~~. b)."- nurriber of agencies "participating regularly by making referrals for. HIV }t ~'` - ~~ :counseling and testing and STD exams and treatment (referral card ;will be:. ~ ~ distributed and incentive provided to patient upon presenting to staff at health ~ - . . ,. " .. - . . ;- department) ,~ "~' c) increase in patients receiving, HIV counseling and testing and risk .reduction ,_ :;~1 - education by providing contract staff to attemale sites in community. 2: Reduce number.of repeat visits to STD clinic by patients under 18 yearn. ~' ~; '. - 3. increase .number of contacts for positive HIV post-test counseling and education to - ;, ~~1 . ~ ~ = - minimum:of three in first six :months after diagnosis.. _ . `~~ 4. Increase number of persons identifying as partners of HIV infected who present for ~. initial testing and subsequent risk reduction education. ~ ~ f t ' ., . ~`~ 5: . Confract with Dr. I<ate~Bruce, UNC-W Psychology Professor:.to develop ~an evaluation- . - ~ ~.. _ to measure effectiveness of rogram ..interventions, specifically with three' g'rou s , p .- .,.. . p,..~~ ' receiving H'IV.p~evention case management.. ~` ., __. ~ ~ - ~ .:, ,_ . . y. .. x § .. e .. ,. 153b~~ r - ~_ ~ ~ .. _ ~ .. PROJECT BUDGET . ~ BUDGET LINE ITEM v ~ ~Iary and Frinae (Health Educator II) , Salary .................... 25,771 Retirement .:......:......... .1,283 ~ . FICA ..... ... ... , 1,971 - . . Medicallnsurance ............. .3,360 . Dental Insurance ..:........... .. 1~ ~ ~ .. Total .. .... , .. 32,570 Contracted Services ... .. ...... 8,000 " O~erating Expenses Printing .................... .1,000 .. Departmental Supplies ... . 5,930 s ;, _. _ .~, ,. Mileage .................... .2.500 Total Operating .........::.:.. .9,430 '" ~_. -~.:_ ; .. ~ ~ ~., ~,-. ,. .; . Total Request ..f ~~~::., . ~.. ...:...... X50,000 ~ -~ ~. -~ .. ~ ~: . _'s,~~, ... In-kind contributions include space, telephone, postage., administration and supervision, and management support by local communicable disease staff. 1~4 , total STD Clinic visits 2,555 10-14 year old ~ 14 15-19 year old 412 Gonorrhea 2'86 •10-19 year~old 3' 15-•19 year old 95 Chlamydia 216 10-14 year old 4 15-19 year old ~ ~ ' 94 Bacterial Vaginitis 1,062, 10-14 year old ~ - 15 15-19 year old 272 Non Gonococcal urethritis 244 `HIV testing in STD clinic 750 Condylomata ~ 163 Genita] Herpes .. .. 52 P. L D. .. ~ ~ 60: . 10-14 year old - ~ ~ ~ • 0 15-19 year old 17 Trichomoniasis. - . _ _76 .10-14 year old ~ 2 • .15-19 year old 23 NEW HANOVER COUNTY HEALTH DEPARTMENT HIV Testing in STD Clinic 1994-1995 (12 Month Data) ~~ _ _ _ Total HIV Tests ..... 373 HIV Positive ......... 1 __ ._ _ ,__ _ ~ercenta e of HiV Test by Rae _ _ .. _.. ~ _ _ White .......... 50.0% ~ ' African-American .... 47.0% Hispanic ........... 2.0% .... _ _ y. .:. _ _. _ Asian ........... 0.2°/a __ _~ . _ _. _ _.. American Indian ...... 0.2% ;_ ... _ _... . ~' . . Risk Behaviors . Sex with males .........~....~.~ ... 4.5% ... i.... _. Sex with female .........::...:.: ~ 98:6% ~ - ._ Used IV drugs ........... ........ .6.7%. _' Sex while using non-1V drugs ....... 65.0% Sex for drugs/money .............. 9.6% ' History of STD ............ ~...... 47.7% Sex wifh: ~ ` - ~ ` " ~~~ Man who had sex with man ~ .. 2.6% '' Person with H1V/AIDS ~..:...:... ' 1.6% - . , , . Person with other HIV/AIDS risk . 92.0%° ~ _ Child of woman with HIV/AIDS :".:..:. ': :0 % ~ ~` Hemophiliac ..............:..... ~ 1.6% ~ V:.. ~_ '~ Health care exposure ....~.. _ ..... 2.1% ~ °' Victim of sexual assault ....~....... . 2.4% .. ~~ No acknowledged risk .~........... . 3.2%~~~ - __.. .. All STD patients are considered high risk regardless of test results since they are engaging risk behaviors. Highest risk behaviors identified for testers: sex male, sex while using non-IV drugs, especially with other high risk individuals, and prior STD. y ~, .. r , .. ,. ... . - .. °, ~ - , .,v NEW HANOVER COUNTY HEALTH DEPARTMENT r ~ ~ ~ HIV'Testing in-STD Clinic 1994-1995 (12~Month Data),.- ~ . . ~~i ~ ~ ~ . ~rnales ~' . , Total, HIV. Tests ~..... 293 ,_ MiV Positive ...:..... 4 ~ .•. .. _ . . ,. ,~, .. . . percentage of HIV Tes s by Race ~ f ~ . . .White ..:..:.::.. 60.0% ~.. , t ':`'~ African-American ..y.. 34.0:% ~ ~: ,, Hispanis ........ 6.0% ~ - . ` . ~. .Asian .... .0% . _.. American. Indian ~ . 04% _ .. ~ _ Riskl~~haviors .. .. .__ ~.... . ?~' Sex with male . ~ ~. ... ~ ... 99....0% .... _ :Sex with female' :. ~... ".. .. ...~ .. 4.0% ..` , . . Used "IV drugs ...... ....: 2:3% - ~ ; ' • - ~, Sex`whi~le using. non-IV drugs ....: ~.: 48.0% ; ° ~ ~ _ a ,. ~~~~ Sex for drugs/money .............. 3.0% 9.. ,. ~ _ . ~r:. , History, of STD ..::. -...: ~.:' ......:. ~.. 46,0% • . • '~~ .. Sex wifh: - ~ ~ . ~ _ ^ . . . ~, 1DU .......... .. .. 9.0% . _ a , ~~ . ~ Man who had sex,with man.. .. 5.4% ~ - _ .. ... .r -* . ,. Person with HIV/AIDS 1:3% -F , . . ~.. ,_ ...~w- . ,. ,. '~:J Person with other HIV/A1DS risk .. 94:0% t , , Child of woman with HIVJAIDS .:.:..... 0.0% . _ ' Hemophiliac' r ,.. ~ ._. ... 2.0% ~ ; .~:. ~ ~ w . f ... a . . Health care exposure .. .... 3.4% - . _ ., . .~ _ : N z Victim of sexual assautt .:. . '.:.....15.0%, .- . ~ ~ =,. .: k . . . ,. ., ,. . _ .. .. . , i~ . , • . . No acknowledged nsk ....: ....... 3.4% ' ,a . . . . ., . . ~. ;~. r ~' . . All STD patients are considered high risk regardless of test results since they;ace engaging. ` :~ in high.nsk behaviors: :'Highest nsk behaviors identified for testers: sex 1~~^~'~]7~ = - Wth rriale,'~sex.while using nori-1V drugs,especially with other high risk individ nd . ~. prior STD. ~ ~ - NEW HANOVER COUNTY .HEALTH DEPARTMENT ` Confidential HIV Tests 1994-1995. (12 Month Data) AdQlesceut Males Confidential Tests (N-88) Race White ................ Black ................ Hispanic ............. . $ehaviors Adolescent Females ~ ~ ~ ~ ~ ' Confidential Tests ~ •. ~ - ~ ~ : '~ (N-233) Race • .. 48.9% (43) White ...:..~......... 66:1% (154) 50.0% (44) Black .....:.........35.2% (82) 1.1% (1) Hispanic .. ~.....~....... .4% (1) ,. ~.. e . ...a Sex with male .......... 8.0% (7) ,Sex with male ......... 99.6% (232) Sex with female ........ 96.6% (85) - .Sex with female ~....... . 2.6%° (6) .Used IV drugs .......... 6.8% (6) Used IV drugs ...... ~.. . ••.9% (2) ~. Sex w/non-IV dru s ..... g 53.4% 47 ( ) -Sex w/non-IV dru s .... ,,, .. ~ . g 40.3% (94) , .:.. V l d . Sex for drugs/money ..... 6.8% (6) -Sex for drugs/money . ~ ....9.%°.(2) STD diagnosis ......... 21.6% (19) ,. -STD diagnosis .. 27.9% (65) Sex with: Sex with: ~, ; ~ , _ - IDU ................ 6.8% (6) IDU ................. . 2.6% (b) M who had sex w/M ... 5.7% (5) ` ;' M who had sex~w/M~~-..:~ . 1..7% (4) Person w/HIV/AIDS ... . .0% ~~ ~ Person w/HIV/AIDS ~ .'.. . ~1:7% (1) Person w/AIDS risk .. 91.% (80) `Person w/AIDS risk `.'`.~":~ 67.%(156) Child of woman w/HIV/AIDS..0.% ~' Child of woman w/HIViAID~S 0.% ~ ~~~`~~~~'-~' HemophilialBlood recipient......0.% Herno hilia/Blood reci ien ~ . ~ p p' t :. ~.4%'(1) Health Care Exposure .... 1.1 % (1) ~ Health Care Exposure ...:. ~.~ .: ~.'4% (1) Victim of sexual assualt .. 5.7% (5) Victim of sexual assault .~~ : 14y.2% (33) No acknowledged risk .... 6.8% (6) No acknowledged risk ..... R. ~: ~. . 1.7% (4) J 'f cation~for working with. adolescents in ,STD clinic is supported by the above data, , ; call almost half .of males and females. used alcohol or drugs prior to having sex y (reduces condom use) and one-fourth of teens had a prior STD. ~ , .~ F ' .,, . ~f 1 ~ CURE AIDS OF WILMINGTONooe-ooo~ooo~oo ~. .812-A CASTLE STREET ~ WILMINGTON, NC 28401 • Telephone{910) 251-0744.• Fax (910) 251-8299 '.l 17 1996 Apn ` . ~~ ~ . ~~±.~ ~ Mr. Robert Parker, Director New Hariover County Health Dept. ` . '~ 2029. South 17th Street t~ ~ Wilmington, North Carolina 28401 ~f - Dear. Mr. Parker.. _ Cure AIDS of Wilmington is pleased to endorse the application submitted by the New Hanover County Health Department for.grant funds. ?here. funds will allow the New Hanover County'Health .Department to provide enhanced counseling and prevention, case', {1 ~ management to newly diagnosed HIV patients and -their partners.: These funds would ~{ also, include. prevention counseling to teens identified as being at-risk, by STD clinic ~~ ~ 'officials: . - Cure AIDS, "especially supports the leach out component of this grant application which -would offer-additional training and staffdevelopmerit to~ local Community Based: ~ ' ~ ~ . `'~ _ Organizations. ~We applaud the Health Department's endeavor to identify and respond to community needs by >ncludcng a community based HN testing component males grant aPPlication. ~. ._, . •, Working together,we can reduce the opportunity for HIV transmission and make our ,' community a better place to live, Again, we are pleased to support the the application of . the,New,Hanover County Health Department for grant funds...: ~~ Should you have any questions,please feel free to contact our agency.. „ ' `~~ - ~. .. ...~ ' Sincerely, ~ ;,. ,.~ i •- ~. - '-- ' ~r Belinda Rlue .. ~_ ., _. ST. ~UDE'S MCC s07 Casc(e Scrcct ~ . Wilmington; NC (910) i62-JUDE !.failing AddreSt: - .. , ~ ~ ' X326 ~farf:ct $trcct Suitt 170 , , VG'ilmington, NC 28W1 April 16, 1996 To Whom It.May Concern: This letter is to certify that the AIDS Ministry of St. Jude's Metropolitan Community Church supports the.New Hanover County Health Department's application for grant funds to provide enhanced counseling ,and, prevention case ~ - management to newly diagnosed :HN'patients and their partners and to provide ; enhanced prevention counseling to .teens identified as being at risk in STD clinics. , ~, We especially support the reach out component of this grant application which would offer additional training. and staff development to local community based organizations.. We applaud the Health Department's endeavor to identify and respond to community needs by induding a community based HIV testing component in this grant application:' ~ ' ' ' ' " ' ~ ~ - ' ~ ' Working together we can reduce the opportunity for HN transmission and make ~ ~ "~~ our community a better place to live. Sincerely, w Y .; ~ ' Pastor Kathi Beall ~ e ' . ,, . ~~ S e r v i n g t b c G o d o J A L L p c o p l c '. . 3 ,. - 1l ~ .- ~~ , .. I . ~~ea~ ,fan®~er,. ~ :::~ •: {... _. .. . z. H~~:~~h .C~:~~er ,. .~ _ _ _ , _.. .. ~ ~ . April 16,' 1996 ~° ~ ` :~. ~ ' - . .M' ~ ~ ~,,~4-,,,nt~.•• ~3'-f .-at %'_'~`~ ~ . •^ ~ y?.~~+~rx ~ vr~"1 t~'~';~,.~:`~~~~ ~ \'~+~S ;:f 7' ~ ~ ...`•1,''..~ ', .tf„ .~ :-. _ Robert Parker • p~~ .~~.:.; {t ,s.S ~r~~~~ •.. \ ,, .~` -a Y ° ~s' a( ~y~~-i~~rlt •t-J +'r ' L-( ~,~:s s 1 'riy,E`~~ •~ ~,- 1: Ya- ~ .Jai r~' ij"e~=7G ~ZL'~ ~`• ~J i '~~ ~y~~. :i. .~.i=a#~yr' .r`~r ~1 a` ~"~ ~~Rr`~~a~~r.yyx.~ ~~a:. ~° New l-~ariovBC-County eaft be a e L~~'~,,~:~~,~~;.~:>~- ~r ~ ~~.-~ ~s,~~,f~~ ,-~ • • ~ ~. ~f~j ~+ P `'1 fi:L3i. ~ '°CT~"'`i. "C r'.~r~~'~'~ _!`'a 1!{.~'-+-`" _ 'ic'~~i}r..~ ~1f. .at••;i } • -rf <-2b29 SaUt~1~~~t~t'~Sr.'KB~t' ~~'~". ~-~~ w?.~~~~~,t,,~7 `~`3c?.,,j .~ '~y,~,••_~ ~x p ~ -~ .?~ - ~ ~.r+f.',`,a) : -x,_r- 'a'w',,. ~ ~iF' ~+ x } S ..T~'f•,~ t~`2 ~1 T ~ ~,v .F+ , ~ ^` ^ *~' '„ 1Nilm ington,` NCB 280~,~~ Y+~'~ ~~, ~,.. ~„ ~F= >~ =<Y~ ~ ~~~- ~ ~ ~~~~`~ ~~~~`~ , .~-~: ~* i~ ^~~+:: ~ _ ~'~~~•~ a^•.?: Ak ,~ .s Yaf~i:r ,3,7 f~-~:. rt:;;: 7 ~ j.,. ~ ~,:~.'y~ S~ _,C; i <:4. :~„c`.~-y~ ~,;::~ ~ {. !: :z f~ ~~ ~~w .•..,JO~+'}~.1~~7: Tr%t; w ~~y~'~l~.L?~.','~ K;j~ ~l?~ ~ i` t.. ~~ L i`/ [ i~;ary3~-7t ~~it?~`r' -I •~'` ~1'C~a' ~~7• ~ .jT 1 < 1 / 7 J r,~ iS.. "r~ ~ „_ ~Y ter. r J.~ ls+r c` jti '-r Ji~r.~; 4r ' ~'_ t ~- .. Dear r ar~er 3 . ,,.-.:,-~..~ ~y ~r . r ~_: w ~;~ t ~~~_ ~,;., _ ~ ~ 4' . ^.-u~~t+r •'~ ~ r i • ~~ a~w~I' •~ ~.. = Y.S. ~Sr' e.~'l, y'•''.-a¢~~ 3 \~~ r7ZS...,1..~ .. ~~ ~~ ~ ~7_Wfs - _ c ~ f `•~~ ~ -~ l ''r+ ^~ + '~~C 7i~` ~i4~ «, ~~ ~ T iJ~.,~; ~s 4 -s ~„`S -,gr~j t tai -_-- . . 7. ~1'~ -~~~~~...j.e~p~~~~~~~°'Yr_r. ~~:Ciz~~ •,~: •,?ff~.^'~ ~'---s'.'v~~~.;~ r... _ ~~.~ ~ ^ _ ~1'A'!•. _ Thus iette~")s fo cert~j~,y-~ that New:Hanover Co~my~mutn~i}`,y,.:Nea(th Ceti e +/nc_. s~(r~yM~+r{s'tt1~=~-~~y~°~"~~ S( -v.o. -+'-^, his.. :}+,41.1:7?.- ~Y 2.-'~~t?;fr rr '~'~c~~ ~: c4''r T`" :•C T + rM--Y ~T~,'..'.~i~,l~~.Y v:'~'?'yfr ~ ;j•. , '~j .~ 7~. New Hanover County Heaft~i ~Department~s appl±cat~on for graft funds ~a pro=v~d .~ ~~~- ~ enhanced counseling and prevention`case rart.agement ~o- pewlyd~agr~ose H1V'~ _ ~~-~~ ' patents and their artners nd~:fo.provide enhanced p~everitio cou "s.e~~rig to ~e'ens<'~'~~-~'Js -: •,1s~ c,.a. ~ i s ...-a• ~=~~ ..75ti ~.c~ s? t~ ...Y<rs. ~:y:.4._ f~'~~ .~~~r,. ;` identJ~ieci as'being a 'fis .~P STD clink?s:3--~ ~ ~ ~L'~""~_ °f~ ~~'~;°~ } ~'~=~~{~Y75s L.: - t ~ ,,.7~-'t. y; ,...~y~, r ~' t ice' ..•, iti'fls ~."'a..~~- .~• a.,- ~'C..t~ :4.,-..... ~~7~`-cy`~`'j'~1~T`~fy~'.~~'1 .t ~.:. t}~!•-~~ ;_fl -t~*'~bcWTC c~ ~ ~~ :.y~j Ti ~~'i'~4 ~~ir~r~ rn~.FJ'i i 1.'~~J~f._-r.'.i:.' ~r~'Y~~~:~~~'~L-~T.`~•_T•~•~~.*~.. '~' ,. ,i' 1 )S ~;:~~'•f~~ 'y~ ?' cry'' ~'K:^. ~ t ~- ti~`L~.r+~~~' J~~ - .- .S •~~F'.. _` ,sti •>-$~;yt~ ~;,•.j{s~L'-'.~ _r• 1' ~_ ~ ^t-.: ~ 4'`.;'~iy,'1 ~'f :'~"^(; ~f +_.>":.rj~Ti7'{r `M ja ~.T r~1 ~s'~. _~ We especially support tfie~ut~reacll'com~onen,~of t~ts~grant,apphcat~or~r~rf-iic,~ would ~ ~,;~~,-:- offer additional training-and staff development to 4oca1 cornmunsty' based .~ ~' ~, ,<~ ~ ,:: • ~!! ~ or anizations. Vlle,applaud the ,~ieaith De a - -e t s endeavor to i~?e try and repon-d,_ ;?-~~;. ~.',,.' - to community needs by including a community ~.sed•,NLV test~ng~compo~Ve ~t;in this ~ 'ffk L- „ ..,-~-~. grant application;~Working together we call reduce tfie opportunity for HIV, ~~}x L ~ ~,~•~,~tt transmission and make. our community_a hefts"r place to five. , r >~:~~ ~. L ~ •:~,.. Sin erel ,, tr-, - .. ~ ~:.- - --..1 •r- ~~ ate,. . ~ ~ ~; , F.~... ~ . L 1 _ ', ~ _ - _ _ - ` ~~~~ ~~-ir - z~-~ ~#=.~laJerie D ~ Opher, ~ • ASS-~ ~~ ~~'~`"h~= ' ~ ~ ~.<%)Li r .j~ .P L >•.e ".~" biF-^~ ei~' .. _f ~_ r .?~~f•.~r,r:~~~...it~-~,;~1: ~_°. •. ' ~~ ~~~~, -~ ~,~ ~.:-`cecu ive Director. ~- ~~~~..~,, -.,. ~ t :. ~ ~ .-. 2 `~ S •'~L.~,;~x~~~ ~~~1 (i.._J ~ - 1 s t ~ ,-.: .Tf~ J ~ ~i6y f--~-C 1'}"~'L!U ref r ^trr'El,~'S; ~r~r S-~5 "~L-t r ; rim _-~~'# U e~-~. `tx-"~Sfi.~1ti l.`~~~ ~~~; .. _ .. - V~I.~O pl. . ~ ~ 7~G.~'.v 4 r~~~'3:; 2'v 1~"'~ J" ~ ,~ Z:F i ''~zi-..fr `~ ~•~.~<~~.1 _ icy Sip-.: t 7 ~~ /'~.C^1 t_+.~•~:f.cry~-L ~ } int. l~~t! ->~~' ~":~.`T,: .-_ ~ i r-.. ` c ~ ", Jr1 Y .. ~~ ~' ~,;L~ ~~fl/iI .~4~ ~-ec. '? P~ ! T v r~J `-i '~^+ `^"'t;. " ~ , ,~~ _ y +~i`.: ~Ysv~y >i i ~-t-~"~ ~~ t..T~~' .L.~'r~'~,~-'}1 ;-r~'~r _~:`~-F' },~~'~ - .. •. ,` L I + ~- V 1 :.~ t T " +~ f ~tiJ' ~~. ~~ - 408 North llth Street Wilmington, North. Carolina'28401.-3701: (910) SY5-4250 -UNCW~S88S TEL~1-910-3~0-7010 Apr 15'96 10 30 No .002 P.02 ~~ rA ~ N~~~1h (',ui~lina:u ~'~hninw,xt 1?tr l1ni~~~~it • yr "`LLL---111 W rln~in~U~n: Mtilh C~:u~rlina :'X M!•t: ;!V'/ (kpartn>tnl.~~rl' ~ch~rl•~ur April 16, 1996 • _ ~rltt ~~,~ ;.t7it Mr. Robert Parker, Heatth Director ~J Ms. Beth Day, Director of Epidemiobgy ~; , New Hanover County Hearth Department , 2029 South 17th Street Wilmington, NC 28441-4946 ` Dear Mr. Parker and Ms. Day,,,- ~ _ - ' : . • .. ~ ~. 1 would be plaasad~to Help support the~New Hanover County Heahh '1 ~ . • ~~ Department s application for.-grant funds to provide counseling ar-d prevention case management.to newly-dla9nosed HN~pat(ents and theK partners ar~d to ~ - provid© enhanced prevention counseling to teens identified as being at risk in ~:`S7D clinics: ~ ~- - _ Y -. ~ i .. - ,. 1 have been very' pleased with our colEaboration oneprojects in the past,-. w t ' ~one of which involved a comparison of beliefs and attitudes of. STD clink: _ . ' ;patients~•to college students;(published paper,in He ft~h Val ! ~). More recently; ~ - ,`~ we,have._been describing and comparing the characteristics of clients at risk for ~ • . '. ~~HiV by studying the H1V Courtse(ing and Testing Forrns compteted atthe time of - - • ~ .HIV pre-test counseling &t the Hsattti Department.. These data are currently ...,, : " _' ;,being an,afyzed. and .developed, into twa manuscripts 'Characterisilcs .of ' ~•Individuals Req'uestanQ HN Testing hrou9h,Different Community-Testing. Programs' and "Characteristics of lndivkluals ~Req~uasting Anonymous, and ~ ,~ ` , "CoMidential HIV Testing: implicailons for 13etiavto~ Change Intervention' to ba - ~su~mitted, for'publication in a scholarly journal; such as A10S Education ~ ` • - • 'Provecrtion= °tt .has bean very exciting to worfc together on thin data set and (~ `think has helped'directsome of,ihe current plans for the health department's focus. Some of the .data reported in this .proposal.. are from, these data. sets. ~ ~ . We have had•a~fruitful researrfi refationstitp'-over the past few years and I - would ~b.e,~pleased for. it• to continue..VVe have been. able to involve one of ~ - ~~ ;UNCVYs•psychology graduate students, Brit t3os17amer, direc-tty and some of ~~'these-data will be incivded in her~master's'thesis to~be completed fhiS summer. `.'I have elan InvoFvsci three undergradvate~psycho(ogy majors from UNCW. ~ i . UNCW. is;committeci to collaborative research efforts in_the community_ .. ~, _ .. ,.. ~. ... .. .. .. , .~ . . .., . ~ . • ~, , . . - , . -~ • a ~ . r .. ~ . e ~ :.. r - 4. . . ... - ~. _ C ! .- . '~ ' + .. _.~ 7r.~thin~ Xrtrnrrb Srrrirr ~... ....,,....~...,,..~iri,i.ar,ne(~..rn,....,. , h ~~.~~..,..n-.~-. :. Th~ l'ni<<r.it}• cif v<~rtlt ('atnlina a( ~Vilmin~tun fil)I ~cwlh C't~(Ite~ RuaJ ~~'ilmin~~ttm. Furth C;tt~lina -'S~(l;.i?"17 Department of Ps~ch~i(lg~• Mr. Robert Parker, Health Director Ms. Beth Day, Director of Epidemiology - • New Hanover County Health Department 2029 South 17th Street ~• . Wilmington, NC 284,01-4946,. •• Dear Mr. Parker and Ms. Day, I would be pleased to provide statistical evaluation services related. ~to the research project you are proposing. We have had a fruitful research relationship over the past few years and I would be pleased to continue. have a Master's Degree in Health Education and a Doctorate in ••~ Psychology. My research interests center around HIV/STD issues- such as ~~ assessment of attitudes and knowledge related to HIV/STD, assessment of reported behavioral change, and evaluation of the impact of HIV prevention programs on campus. My research work has been published in the scientific journals- Health Values, AIDS Education ~ Prevention, and,~ournal of Sex Education $~ Therapy. As you know, I am very interested in evaluation of the effectiveness of STD/HIV interventions and wish you the best in your intervention efforts. Sincerely, Katherine Bruce, Ph.D. Professor of Psychology 1~4• T«~hing Rasa~>•ch Stnrict .~ .~mutu<nr ~ro~waon c(T`r 1'n •r..~:. ~r Bonn (',r~in~ ~ ~ h ~,n;r<r, lr.. f'-n.ra r •, x f, F .. ` ; SOUTHEASTERN NC HIV PREVENTION , . ._r. w . ~ ` . COi~~LtiIUNITY PLANNING GROUP 3965-A MARKET STREET • WILMINGTON,,: NC 28403 ` . ~ ~ PHONE (91-0) 762-5534 FAX {910) 762-4088 .. - . . ~'. z., ~, ~ , April 1:6, 1996 ~ ~_ ~~.. - ,. n ~. .~;. New HanoverCounfy Health t7epartment 2029 South 17th :Street . ~ ~ ~. ... ~Imington, NC 28401-4946 - ~. . - .: . ,w ToWhom It May _Concem.` ' ~ , ~' ~. w. ,~ v .'This (eater is to certify that the Southeastern NC' HI V Prevention Community Planning Group'supports the New'Hanover County Health Department's application for grant _ - .'' .. funding to provide -enhanced counselingand prevention case management to newly4~~ ` diagnosed HIV patients and their partners. The grant funds will also be allocated to provide enhanced prevention counseling to .teens identified as being~at risk in STD ..~4 • ,clinics. ` According to the March 1996 serve/lance report for AIDS cases in`' New ~- Hanover coon y since February 1990, 52 of the 168 reported cases. occured in .. _ r ~ persons' in the.20-29 age range. The Planning- Group believes that if adequate , .. . .prevention counseling is provided to teenagers {age-range 13-19), the HIV-rates for - . ' ~ he youngadult- age. bracket-would drop- dramtica/ly...; . ~ ~ "~ - '. ~ -We especially support the outreach .component of this grant~application_,which would. ~~ offer additionaC training and .staff development to local Community Based ;:.Organizations...` 1Ne applaud ahe Health Department's endeavor. to identify and respond ~' o communnity needs by~ir~cluding a community,based HlV`te'sting component in this ,, grant `apPlicalion.~:; Working together, we;can reduce.the opportunity for HIV ~_ ' . ,: '..transmission and make our community a better place Ito live ~~ ; , _; >~ ' ~~ .. r .. o .Sincerely ;' ~ .. .. :,... ._ , ~ .~~ f^ ~ ., ,~ . ...._ "Erin ~E. Die.ner ~ ~ .. . y Administrative Assistant ~ ' ~. Southeastern NC HIV Preventio omm n C unity P/annmg Group . .. NC+`P/NIV-STD Fax 910-455-1346 Fir 18 '~ 9 ~C~1 P. 02102 'Department of Environment, Hee~fth and Natural Resoucces ~~ _ Wilmington Regional Office 4 ~ e Division of Epidemiology ~~•~ James B. Hunt, Jr., Governor Jonathon B. Howes, Secretary • ~ April 17, 1996 Mr. Robert Parker, Health Director New Hanover~County Health Department 2029 S. 17th Street Wilmington, North Carolina 38401 Dear Mr. Parker: This letter is to certify that Marti Eieenberg,~ Regional Supervisor, HIV/STD Control Section, Wilmington Regional Off ice, supports the New Hanover County Health Departments' application_for - grant funds to provide enhanced counseling and prevention case management to newly diagnosed HIV patients and their partners and to provide enhanced prevention counseling to teens identified`ae~''• being at risk in STD clinics. An individuah.-trained ,tondo enhanced prevention counBeling will, dis-ectly benefit the Region Seven DiseaBe Intervention _ Specialist staff.'' Currently, we have the .opportunity to conduct one `thorough interview with~a patient. -.Often patients preaent~~:t concernsthat time' simply ~ dose not,allow •,us, to resolva.. This, counselor, would also be available to assist in training local CBOs. P 9 .. This ro ram would allow HIV poaitive~patiente the opportunity to aBeimilate and initY'ate prevention. behaviors reduc-ing the~~"- opportunity•for.control measure violations. This counselor .could-•- reinforce the importance of utilizing the partner notificat,i,on , system and enhance its credibility with patients and the community. A community based testing component will allow ue more alternatives for partner rcferra~l=s for 'HIV ~ testing". ~ -• _. We.,eapecially,suppor.t.~the reach out .components of .this grant.. - application .which ,would -,, offer additional training ..and staff, ~' development to local Community Baeed`Organzations . Fla applaud the Health Departments' erideavo'r Go identify and ~ respond ~ to community ~~ needs to include 'a community based HIV teeting~ .component in this ~~.:,,: grant application. Wozking~together we can reduce the opportunity for HZV transmission and make our. community a better place to live.. ~k Sincerely, _ , ~~ Marti 8iaenbe Regional Supervisor ME/cft cc: Gayle Daniels '127 C~~inal Drive Extens(on, Wl{mingtor~, N.C.. 28405-3845• Tdephorb 91095-3900• Fnx 910-350-2004 1 ~ [~ An Equel Opportunity Affirmatly~ Actlon Employsr t ~ Planned Porenfhood. Neolth core thor-respecrs ~ Roleigh ~ , • . Wilmington ~~~ of the Copitol.ond Coast and protects 100 South Boylan A~en~e 3965•A Marker Street yoWpersonolchoices Rol,eigh, NC 27603 Wilmington, NC 28405 ': 919.833.7534 919J62•5566 • Clinic 919.833.7526 Fax 919.762.4088:- - ' Foz 919.833.0730. • ,. ~ ~ , ,, -. April 17, 1996 - . _ . ' New Hanover County Health Department 2029 So. 17th Street, - Wilmington, NC 28401-4946. ~ .: - .. F ,, . .To Whom It May Concern: .: .. :. Thas letter ~s to certrfy .that the Adolescent Parenting.,Program of Planned Parenthood. supports .: _ ',the New .Hanover County Health Departments' application. for grant funds to provide :~ enhanced counseling-and prevention case management o newly .diagnosed -HIV °patients and • - their partners and -to provide enhanced prevention counseling to teens, identified. as being at - risk i^ STD clinics." ~ .. -Our program provides high risk case management to -first time parenting teens to help prevent a "second pregnancy and keep them in~ school until graduation. STD/HIV education is.a major •. ,' component of our~program.due to the early sexual activity of the program-participants. I have: •Tecently had to'deal with a participant who. was HIV positive and who had many issues - beyond the program goals. Being. a teenage parent compiled with being l-IIV positive has • • -, tremendously impacted this young'mothers.life well beyond my ability to provide l?er all o:f. ,~ the. needed services. A graduate level counselor.could~ have addressed these problems before I. , was involved and help to provide an extra level of enhanced care to aid her in dealing with . . her denial issue"s as well as many of the ofher daily concerns. ~ " " - The AdolescentParenting Program of Planned Parenthood fully supports the Health •• ~~ ` -, ~",. .Departments- quest.to identify and respond to• the cominuni needs b includin cam ty y g m un~ ty . based HIV testing component in this grant application. Collaboration .is the key, component to ~ , • reducing prevalence of HIV/AIDS within our commrinity,. Sincerely, ~ - ~. I _ ~ ~. ` ,ennifer A.Campbell -_ - ... Adolescent Parenting Coordinator ~ ' ~ `} - • ~ '' ~. , 1 ~~ . , .~ . ~ a • KEYS TO I\'DUSTRI~L TRAI\1tiG & SERVICES, I\C. "Serving Brunswick, Pender ~ New Hanover Coun~ies" ~, W. C. PIZIDGEN Executive Director This letter is to certify that Keys., Inc. supports the New Hanover County Health Departments' application for grant funds to provide enhanced counseling and prevention case .management to newly 'diagnosed HIV patients and, their part- ners and to provide enhanced prevention counseling to ..teens, , identified as being at risk in STD clinics. ~ - We especially support the reach out component of this grant.applieaton which would offer additional training and staff development to. local Community Based Organizations. We~; ' applaud the Health Departments' endeavor to identify and~';~`' ~ ' respond to community needs by i'ncludrig a community based HIV testing component in this grant .application. .Working. together .we .can .reduce .the opportunity for HIV transmission _ ., and make our' community a ,better place ~to live . - - - ~ - - - ' Sincerely c..L,c, ackie Radfor ~ ~' • °: • Program Director ADAP Coordinator (~ ' `Keys , Inc . (___ 168 ~:~ Y,,~ 1 21 4 Kidder Street • .Post Office Box 3375 • Wilmington. Forth Carolina 28403• (91 O} 7G3.3424 Fax (91 O) 815-03F~7 ur,a.e ,vay ..: i 1 REQUEST FOR BOARD ACTION Meeting Date: 05%20%96 Regular Item #: ._ . Consent Item #: 6 Additional Item #: Department: Cape Fear Museum .Presenter: Page Count In Agenda Package: 9 Contact: Janet Seapker SUBJECT: ' Agreement between Cape Fear Museum Associates and New Hanover County regarding Revenue-Sharing and Audit Requirements. ~ . BRIEF SUMMARY: Since 1992 an agreement similar to the attached has been. in effect.- The agreement calls for.the Associates to be audited every hvo years and allows the Associates to recoup one-third of the admission fees and one-sixth of the program fees collected by the county.. In exchange, the Associates employ individuals who manage programming and volunteer recruitment and~placement for the museum: '. ~. RECOMMENDED~MOTION AND REQUESTED ACTIONS: That the Ne~v Hanover County Board of Commissioners approve the agreement, authorizing the Chairman to execute it. FUNDING SOURCE: _. Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: - _. T New Appropriation Request: - 'I . 3udget Amendment Prepared: REVIEWED BY ~LGL: APP WCOPLEY FIN: APP BSHELL BUD: N/A CGRIFFIN HR: N/A A.MALLETT J ~. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend continued approval trreement. The arrangement has been beneficial to both the Museum and the County. ~.. ~~ - ~ ;: cou~t~r CQ~dMOM~iS :. , .. APpROV~ d _ ~a _ ~+~ , Refcr to Officc Vision Bulletin Board for Dis~ds3h~~ ri~1~FY {~ ~ ~"~ DRAFT New W'anover County Contract # 96 - 0418 (~ NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS AGREEMENT, made and entered into this day of 1996, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter called "County"; and CAPE FEAR MUSEUM ASSOCIATES INC. anon.- rofit cor oration, created and existing P P under the laws of the State of North Carolina, having its principal office in New Hanover County, North Carolina, hereinafter called "Recipient"; WITNESSETH: WHEREAS, Recipient has agreed to provide certain visitor related services for the benefit of the citizens of New Hanover County through the employment of a staff member(s) at the Cape Fear Museum; WHEREAS, Recipient has requested County to assist in the funding of the above described services; and ~~~ - - WHEREAS; G.S: -153A-149 (c) (6a) authorizes County to provide Recipient financial support for the above described services, ~ ~ . ~~~ ' WHEREAS, since the reopening of the Cape Fear Museum, the County received revenue from (i) suggested donations, (ii) for admission fees to the Museum, . and (iii) fees for Museum programs; F NOW, THEREFORE, in,corisideration of the mutual benefits inuring to the parties hereto, t, and based upon the mutual covenants contained herein and the... i# ~ ~:f F ~~~+:~ d ,rd~ ~or~eratio,ns stated ;therein'~~`tf1$eJ~Parties do hereby covenant .and agree as follows:. ~~~~~~; ~E~ ~' :_ " ` ' : , - ' : ~ New Hanover County Contract. # 96 - 0418 1. Purpose of Agreement and Recipient's Use of Funds. The _' s "recipientshall .employ sfaff who will be assigned. the responsibilities .of donation bookkeeping, volunteer recruitment and coordination and other such. duties as:deemed ry. , , 'p aff sha{I receive. policy direction and performance ~apprai'sal neceasa Reci Tent's st " t from the .Recipient's ,board. and operational -directions -from the museum director and ~. assisfant museum director. ; ;. - : ... -, : z, ' ~ ~ ~ e oust shall desi Hate the total " . - From the above described revenue, th C y g . ® of (i) admission fees to the Museum, (ii} visitor donations, and {iii) one=half of-the fees ..x , ^' '~ - for Museur-n Education ~ programs" as the- Source of ,Funds° from which to distribute . : . financial support`ao Recipient.. The County-will distribute these Funds as follows: ~.... - _,-. ;~ r t "(a)F If ahe Source of Funds. generates Eight Thousand ($8,000.00) , ..Dollars ~ or less per year during a fiscal year, the C~ou"nty will pay the sum ~ , ~, ,. ~ , . . gene'rated'to the~Recipient. ~ ~°' "' b ff the ource of Funds enerates more than Ei ht Thousand ( ) S .. g 9. ~' ($8,000.00):.;Dollars per year, ,the :Countywill pay Recipient Eight Thousand (,$8,OQ0.~00) Dollars"orone=third ofi the sum generated whicfiever is greater. - '` .-. $ ~: '°' '" " ~ The' Source of Funds "shall note include 'Recipient's.- membership' fees, ~ ~_:° - :event recei~" is or`,an other monies not related.. to Museum admissions and ro rams. '_: -P Y P 9 .: The County~will provide a cash regisfer. for the collection of receipts: . - . ..; - ~ 2. Term of Agreement. ~' This contract shall become effective upon execution 'and extend through June 30; 1998 and may be extended 'by mutual, _. . - 7 ~ ~ ~ , ~ ., New Hanover County Contract # 96 - 0418 a agreement of both parties.. ~ .. ~ ~ _ _ ` - 3. " Termination of :Contract; Breach of Contract: -Each party shall have . the ri'ght~ ~to terminates this contract by giving 'the .otherparty .thirty (30) days': written. notice of~termination. ~In the event of termination, .Recipient. agrees to refund.to County ali monies received by Recipient`-under the terms of this contract .which Recipient retains as of the effective date of termination. In addition, Recipient ~ shah ~ provide : . wired b Count for all funds received b ~ a County with a financial accounting, as req y y, y Recipient and on hand up to 'the date of termination. ~ ~. ~` If Recipient fails to conform to ,-any one of ..the terms or .conditions - contained in this contract, Recipient shall be in breach. of this contract and.County:may ~ ;; take correctiveaction~ as it deems necessary. Such correctiveaction may include, but is not limited" to: withholding or reduction of funds not yet paid; recovery of .previously. ~: paid funds, termination of services, and immediate termination of this contract-. _ . - 4. ~ " Rec~ient Financial Reporting Requirements. ~~:° ~. 4.1 r~~` Annual Written Accounting. ;.:Within sixty. (60) ;days of the end of , ., Recipient's fiscal year;~~which extends from; Juay_ 1 through ,June 30, .Recipient :shall . . provide County, with a,written accounting (including receipts and expenditures) of funds received, by it from County. ,The accounting shall be approved:by, Recipient's Board of; Directors., shall be signed by:an official, authorized by the Board, and shall report on the use of funds spent and the location of the remaining balance: k. ~, : 4.2 , - Financial..Records.. Recipient shall establish fiscal control and.. 172 . .: ~'. ,- ' _ = New Hanover Coun Contract # 96 -04.18 - , .. accounting procedures in accordance with Generally.Accepted Accounting Principles.:. ~. The Proceduresshall .account for all funds Paid by County to Recipient, .and Recipient °r •~ shall maintain ~~such records for three (3) years. after the date of termination of this - " .. 'contract. ~ r • , ~ . -. ~` • 4.3 bounty Access to Financial Records.- Recipient shall allow the :,.,. " County Manager, or his. designated representative, .access.. to and the right to inspect _.: ~, -, and co at reasonable hours all financial records. ~ ~ - PY ' t • 4.4-• ..Audit. .Within ninety (90) days ofthe end ;of Recipient's fiscal year ...ending June .30; 1998, Recipient shall, have an audit performed of the two..{2) previous fiscal ears in accorda ce with. enerall Acce ted .Auditin tandards ~~ y n G y p . g S and shall file a., copy of the. audit report with County.. - -~ ~ ~ ' ~ ~ , ~: : `5. 'Compliance with Applicable. l_aws.~ ; .Recipient ,agrees -that in :. ' . _ . carrying out activities of any kind funded with; the .monies made available., under the; " ~. ro~isions Hof this contract- it shall "com I with .all local. State ~ and Federal laws and ~ - regulations.. .. .: A:, _ ' -~ ~ ~ 6 ~..=: ~ -. Independent_Contractor. •..Recipient understands and, agrees that,. • ... in "entering. into this contract and providing services,, it is acfing .as an..independent ,,~; contractor; neitherRecipient nor .its employees, members or .personnel shall be deemed _or construed to be employees of New. Hanover County. , ; {~ - ~- ~- .~ :r• . 7.: Non.-lNaiver of Rights. It is agreed that County's failure to insist upon,the _t;,, , . _ . strict performance. of any provision of this contract. or to exercise any right based.-upon ,v.:z . . . ,, • ~ . ~ ~ 1.73. ~• ~~ . O r - ~ New Hanover County Contract # 96 - 0418 a breach thereof, or the acceptance of any performance during such breach; shall riot. constitute~a waiver of any righfs under-this contract. ~ ~ .. ' " ~ ~"` "~ 8. Default and Termination. - If'Recipient fails~to perform with such diligence-~ as will insure contract compliance, or if Recipient breaches any one of the terms or conditions contained in~ this contract and :fails to.cuce said breach within fifteen (15) days of County's mailing' of Notice of Default; County 'may terminate 'this' contract ~. forthwith. .. ~ .~ ~ . _ .. _ 9: Confficf of Interest' ' No paid `employee of the County s~hail have a personal or financial interest, direct or indirect, as" a contracting party or otherwise; in the performance of this Contract. ~f'%~' ~'~~` ~ = ` - ~~ ~~' ~~~ ~ ~ - ~ - ~ .. :~'~~ `~ 10. Governin4 Law. ALI of the terms and conditions' contained herein shall be ~~~ interpreted in accordance with the Laws of the State of North- Carolina. 11. ~~ Assi nability.~ It is mutually agreed~by the parties hereto that this contract is not transferable and shall n`ot be assigned by either party without the written consent "~' of the other party to this contract. _. ,t~ ~'12.~ ~~`=~`'Ameridments."`This Contract shall not be modified or otherwise amended .r.. ,, ..: .:f. ?. tr... ,~~. except in writing 'signed by the parties. "~'' = ~ ~ ~ ~ ~ ~ ~' " -a ~ 13. Non-Discrirnination.~ ~ `Recipient `will take affirmative action -not ~to~~- discriminate against any employee or`applica'nt for employment or otherwiseillegally '~=' deny'any "Person participation in' o~r'the' benefits of the program which-is the subject of this Contract because 'of race; creed, color, sex; age, disability' or national origin. ='To 1__.1 174 Y _ .. . '~ - ~ New~Hanover County Cogtract # 96 - 041'8 -~ . ~ the extent applicafjle,` Recipient'will comply with ali provisions ofExecutive Ordec No. 11246, ;the 'Civil Rights Acts. of 1964 (P.L. 88-352) and 1°968' (P:L: 90-284), and all ... . applicable Federal, State and local laws, ordinances, rules., regulations, orders, ~. ~ . 1 - ~_, instructions, designations and. other directives promulgated o prohibit discrimination. , Violafion of this provision, after notice, shall be a material breach of this contract and . - ,: . - may result, at Countya option, in a terminations or suspension.. of this contract in whole - . ' or'in part.. 14. Entire °AQreemerit....This contract :constitutes the entire understanding'of : ' `w the parties and`confains all of the terms agreed upon with-respect to the subject matter - -- ~ F.~ ' here'of.. No modification or rescission of this contract shall be effective unless .~ evidenced by a writing signed byboth parties to this contract. ~ ~ _ _, _ _ __.....w _ , ~~ IN WITNESS'WHEREO.F; the parties have hereunto set their hands and. seals, the day and .year fist above written aril by `authority duly_given: ". - ' _ _ ,, ~. NEW HANOVER COUNTY , .. ,.. ~ .,,.. [SEAL] ... " .. -. ~ _ _,. - . _.~ ..._ _._. . .._ ~ ~ ~; r . •a..;;~ Robert G. Greer; Chairman ~,. ~.. ~~ ~ `/' ~ :Board-of Commissioners ~~ .. . ... _ ., _ . - ATTEST: r; .. _ ,, - .: . - ~ - -.. -. . ~ . ,. ' Clerk to the Board - ,._ .._ ~~. .. ~ ~ .~ ~ ~ , .: ~ 175. ; . _ . ~ .. - . - New Hanover County Contract # 96 - 04TH This instrument has been pre- _ ~ ~ - ._ , , ; audited in the manner required by the. Local Goverrimenf Budget ~. ~ - ~, - - : , ., , and Fiscal Control Act. Approved as to farm: a _ County Finance Director County Attorney , ~~ . _ CAPE~FEAR MUSEUM ASSOCIATES, INC.. , . [CORPORATE SEAL) President ATTEST: Secretary NORTH CAROLINA . ~. ~ -..... °, . ... .. ..:... NEW HANOVER COUNTY ; ~„~'~-. ~,~ .-:'..' ~~ ~. , I, a Notary Public of the State ' ~: a and County_.aforesaid, certify that_Lu_cie F. Harrell personally came before me this day and acknowledged that she~~is Clerk to .the Board of Commissioners of New Hanover County, and that by authority .duly given . as ahe act of the Board, the foregoing instrument was signed in its name by its Chairman, Robert G. Greer, sealed with its corporate seal and attested by herself as its Clerk. , :.: ~: ''"~~- WITNESS my hand and official seal, this day of 1996. .. _ . ........ ~.__. . I ~. ., Notary Public My commission expires: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 New Hanover County Contract # 96 - 0418 NORTH CAROLINA NEW HANOVER COUNTY I, a .Notary Public of the State and County aforesaid,. certify that personally came before me this day and acknowledged that (s)he is Secretary of CAPE FEAR MUSEUM ASSOCIATES, INC., a North Carolina corporation with an office in County, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seat and .attested by him/herself as its Secretary. WITNESS my hand and official seal, this day' of 1.996. Notary Public ' My commission expires: 177. . ,. . This page intentionally left blank 178 1 1 1 i 1 1 1 1 1 1 J 1 1 1 1 e v i REQUEST FOR BOARD ACTION Meeting Date: 05/2,0/96 Regular Item #: Consent Item #: 7 Additional Item #: Department: Tax Presenter: Page Count In Agenda Package: 2 Contact: Patricia Raynor SUBJECT: Minimum Amount for Property Tax Billing BRIEF SUMMARY: ~ ~ ~ ` '~ NC GS 105 321(f), enacted. in 1995, authorizes the Board to set a minimum amount for property tax billing and to direct the Tax Collector to forego the mailing of the tax notices for these minimal amounts. These taxe's will not be collectible and will not be a lien on the taxpayer's real property: By only billing tax accounts that exceed $1.00 the savings in cost of forms, postage, and payment processing will 'be approximately $600.00 annually. ~ ~ - RECOMMENDED MOTION AND REQUESTED ACTIONS: ' ~ ~ " Recommend the Board approve the attached resolution directing the Tax Collector to not bill or collect tax accounts in the amount of one dollar or less. - • 'Federal S: State S: County S: User Fees S: Other S: Money. Is In Current Budget: _ _ __ New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BtTD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: .. Recommend approval of resolution. 000N7Y C~MM1pI REJE~T~p~ Q e ., REMOVED Q ; FosTN~~ ~ 17 9 .. ~ . Refer to Office Vision Bulletin Board for Disposition NEW NANO VER CO UNTY BOARD OF COMMISSIONERS . RESOLUTION WHEREAS, North Carolina General Statute Section 105-321(f) authorizes the Board of County Commissioners to direct its Tax Assessor and Tax Collector not to collect minimal taxes charged on the tax records and receipts; and WHEREAS, the estimated cost to the County of billing the taxpayer for amounts due on a tax receipt or tax notice exceeds one dollar per billing. NOW, THEREFORE, THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVES that the Tax Assessor and Ta.~c Collector shall not bill or otherwise collect taxes from a taxpayer in the amount of one dollar or less. -Said minimal taxes of one dollar or less shall not be~ a lien on such taxpayer's real property. ~' This the 20th day of May, 1996 _ ._ , New Hanover County ... . , _ _ - .~ [SEAL] ° _.' - ,~-. ' .--. _. ~.- .... Robert G.. Greer,. Chairman ~ ~.. `_, Board of County Commissioners ATTEST: ~ ~~~~ -~, ~p Clerk to the Board ~~`~~'~~~ '`yn-.n~ -,1l~~~)~ ,~~~~EE ' sY, ~i 4W~'/~~)Yi~~$F~ Federal S ' . State S County S: User Fees S: Other $ Money Is In Current:$udget: ' ' • ° - lYew Appropriation Request: .. , •hK.. .., Budget.Arnendment Prepared: ~ ._ , - . 4 ~ :~ REVIEWED BY: LGL: FIN: BUD: ~ HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS- Recommend penalty be upheld.~The appellant,- CTI of North Carolina,.Inc:, has been notified that _ the item is scheduled. However, they-have not indicated they will be present. Should the appellant show up for the rneeting,:I recommend theBoard of Commissioners hear their concerns. . .. , . ~ , ~UUi~TY COMMISSEQNERS- . ~~~ ~ _ ~. ~~~~ j ' ~ , R~fer to Office Vision Bullctin. Board. for Disposition !~~ ~, t .. ~~ . POSTRONED C1 ~ , DATE. . AGENDA MAY 20 APPEAL FOR RELEASE OF 1995 LATE: LISTING PENALTY -- CTI OF NORTH , ~~~ CAROLINA, INC. OWNER, WHICH OWNS BUSINESS PROPERTY.IN :WI`LNIINGTON BUT USES A SAVANNAH, GA. MAILING ADDRESS; DATED A NEW HANOVER COUNTY ~. LISTING FOR A LEAR JET MARCH 28, 1995.. THE ENVELOPE WAS POSTMARKED ~ . APRIL 3 AND RECEIVED APRIL 6, 1995. NO EXTENSION WAS REQUESTED. THE COMPANY MADE A TIMELY LISTII~iG OF THE PLANE IN NEW HANOVER FOR 1996. THE ONLY DOCUMENTATION SENT FOR CONSIDERATION BY THE COMMISSIONERS IS THE CHATHAM COUNTY NOTICE THAT CTI HAD NOT LISTED THERE AS DETERMINED FROM FAA RECORDS OF OWNERSHIP, AND THE UNANSWERED LETTER FROM THE GEORGIA DEPT. OF REVENUE RELATING TO NON-PAYMENT OF SALES TAXES TO GEORGIA. IRVING HENDERSON'S LETTER OF APRIL 26, 1996, N WHICH HE SAID THE PLACE TO REPORT THE PLANE WAS RESOLVED, ACCOMPANIED THOSE TWO DOCUMENTS. THE COMPANY AGENT "CHOSE" NEW HANOVER COUNTY BECAUSE OF THE FAVORABLE TAX RATE HERE: 'BASED'. UPON COMPANY STATEMENTS; - ' ~ -. ~. ~ ~° JURISDICTION HERE IS CLOUDY, BUT CHATHAM COUNTY, GEORGIA HAS RELEASED CLAIMS FOR PROPERTY TAXATION SINCE THE COMPANY TOLD THEM THAT THE PLANE WAS LISTED IN NORTH CAROLINA. NEW HANOVER COUNTY WILL MAINTAIN A CLAIM FOR JURISDICTION UNTIL ANOTHER JURISDICTION CAN PROVE ITS CLAIM. RECOMMENDATION: EXCEPT WHERE SITUATIONS LIKE SERIOUS SICKNESS OR DEATH IN FAMILY, IN_ ~_~ PRIOR CASES OF LATE LISTING'S. BY PROFESSIONALS HIRED OR CONTRACTED TO MANAGE AFFAIRS FOR A COMPANY, THE COMMISSIONERS HAVE UPHELD THE LATE LISTING PENALTIES. FOR UNIFORMITY, IT IS RECOMMENDED THAT.._.. ~. THE PENALTY BE UPHELD. , ~ y., . ~.4, ATT: YES_._-- ~- --- __ _____. _ _._ - _ . .. ..... :...... .. ..... ' ~ ~ ~ P ~ ~ w 1 ~8~2 _~ ~.~ ~ ~. ; ~, -~ ;~ ... 1 ~,~ ~~~r nr1 ~r^ ? ~1 r,~ k t~ ~~v~.......:?'~f:.~a;a .~ .~~ ~ a~~~a~~~~. _~ r Y.,. ~,t r~ ~ e, _i ~ :~.a A~~i'~ ~w 4a? ~ ~ Vin.. ;f.. r . r;~y~ { rte:- 4fri .. ,. . ~ COLONIAL ~rROtTP; Ilvc. 1 101. NORTH [.ATHROP AVENUE , PHONE 912.236-1331, a POST OFFICE BOX 576 FAX 912-235-3831 ' TELEX fi0-4729 ~ ~ ~ SAVANNAH, GEORGIA 31402-0576. .• , . . .. ~ .-April26~, 1996 .. 'Board of County Conunissioners '.320 Chestnut St: . Wilningtoi, NC 28401 ~ ~ ., ~. . ' '. ` Re; rTI `of North.. Carelir.~a, Inc. ~ .. .. , `. , - . .. ; . ~~ :: , ;,` : ~ , Late listing penalty_on initial return ... .~ Dear Sirs: .. _ .: ~ ..~ I have received your letter requesting that I submit any additional information pertinent to my request• fiat the,late•listing penalty on'the airplane be abated. As you know, I frankly did not. `~ ; •. know where to list the ai lane. The "lane.was owized by CTI of North Carolina, Inc., but was rP P. .. listed `by the FAA as being based in Savanliah, Georgia. Therefore, ,the Georgia Department of -Revenue wanted sales/use tax and Chatham~County,wanted property.tax, a copyof letters from the Georgia~Department oaf Revenue and the Chatham County Board of Assessors.. It was finally resolved that we should report ethe airplane on the New Hanover County Tax Return since it was ' the property. of a I~rorth Carolina corporation.: ' . ~ ~ , . . , As_I have previously pointed out, the airplane was.purchased in late 1994 and_.made one trip~to Wilmington ort December 15, 1994, with its next trip to Wilmington on January 25, T995;,, It was a`surprise_to the New Hanover County assessor's office thatthe plane-was listed at all" ~ "." since it was not on'the FAA report nor was it on the airport's report of airplanes located~at the J ~' Wilmington ai ort on Janua ~1 1995.. ~ - ., _ ~ ~ , - ~ , rP ry ~ __ .. .. - .. -~ , ... ,; .~ .. -, ~ I respectfiilly request that, because of the circumstances, the 10% penalty be' abated; ~ _ ~. ". Y Sincerely, _ ~ ' ,. ~ / ~ /~ , ' ~ .: :. ,Irvine C. Henderson .. `O293D31 ~ ~. - '. Tax Manager ~ ' ' ~ ~~Q .~ .. - ,. ~ti Ti~.~ ,.1996 ~ . '" ~ ~. ~' ... CO . ~ - N ~ gA7 ~~~t'~~~ `'JO ~~~'~ ~~ .. ~ ~, . ~~ ~~/ , ~l~( ~i~b~4\ '~ ,. ~' P. O. BOX 9780 ~~~~ TELEPHONE ~,„~,,,, \= (912) 652-7271 r, . ~, i~~-~t( j '~ . ;r~~ . CHATHAM COUNTY APRIL Z3. 1995 BOARD ~OF ASSES~~S~".~UEST SAVANNAH, GEORGIA 31412-9786 104745 CTI OF NORTH CAROLI~lA 7Pir AIRCR.AF.T P 0 .BOX 576 - SAVANNAH ~.~ 3b402 SEAR TAXPAYEQ= OUR RECOP.Jc TrdDIC.~TE YOU ~HI.VE AIOT' FT_L'E7 a ,RE?ORT OF TA^!(I9LE PERSOPIaL PgOPE°TY F+J'? THE CUR.°.E NT YEA°. 0_C_G_A_ 43-S-L'? REQUIRES ALL PROPERTY HELD JA'IUA'Y I °E °EPORTED EaCr~ YEA? WiTHI!I THE TT_!~c PRESC?I~EO BY L.AJ. FOR YOUR C•OyVr;aTE'lC~."' T~l,~ aSSESSO°' S 0`F.ICE ;lAILrD .'~ `0.x!1 TO TH ABOVE ADDRESS ~I'V JA."IU~ARY_ ~ IF YOU FEEL CE4T~.IV YOU COn°L~c~? ~JITH FILING REQUT'E7ENT P4i0".TO THIS DATE, CHECC.;~oL- Nc~l~• .4cDo~oJ A'`ID ACTOU`JT t NI1~19ER O.d YO,UR COPY OF T.Hr ~OR`'_ ZF T,Hc:,• 'I,, A DI.~.,~..AFtCY, T~O.I'FY THIS OF`'IC.E ~T ~i.vCETO AVAT~D :A ~UPLIra'TE g?LL.yG: IF Y4U 1-1AVE. FILE~J ., A REPnRT UNDER THE A'OVE "la~E. IGvORe THIS LeT~TER. IF YOU U`RE PIS' LO?IGcQ IV qUS ~N=.SS, `.0.°, DLL ."!OT OtJU PE.°,SONAL PQOPE°TY 0^I JA"1UA"Y ~. 19`1.5. PLL"4SE Z.'~DICaTE SUCH I!IFn°'1aTI0V 'JN THE P,EV=RSE SIDE OF THIS LrTTF'- °~ SI.IRE T4 INCLIJOE 'la~ES a~JD DATES AS AopLZCABLE. TO° SHOULD YOU. ,`ATL.'TO~`F~L= A •QEPO° T, 0' Rc.SP0~1•D TO THISr LETT:.R.~ A ~ VALUE !SILL 9t AS~IG`IE~ -T0 THc-. °ROPERT~Y OF TyE ;A~~'~E ACCo•UNT FOR BILLING PUR?OS`S 'USI"JG T.NE -BEST .I.'~FOR7ATIOy aVaT_LA3LE. • . YOUR COOPERATIO'! IN THIS f1ATTE? WILL BE G°_aTL'''Y APPRrCIATEJ-;~.Pt_EASE~°'` FEEL FREE ,TO CONT:.CT THIS. OFFICE SHOULn YOU HAVE A~aY QUESTIONS OR P.EQUI°E ADnIT.IO;yAL` FOR7S_ - - . '.'__ .. :r:. u , .' .- ,_ . , ~ .. • .. • - ?E?SONAL PROPERTY APPRAISAL DIvISIoy ' _" SHONE 9b? 652-,?~93 OR 7'q9- 184 -~...... , . .. ' ,. o'r _o ~ _ : .' - t ~ ' ~. y o PY7PTIIXP - FREO o. wHl MARCUS,E.COLLINS•.sR. ~P~?~.~~TttPTLt.df ~ ol~.ctor ~'tP1D ~`YCtt1CP8 ~LfJLBtDri ; . 300oLORPOflATE CENTER-DRIVE.. . :SUITE 2to MORFlOw, ~GEOfiGI~ 90260. 116 ., (~~ 960.2000 ' . ° , .. ~- .. ~ 2/14/95 . . CTI Of North Carolina, Inc. P: 0: B.ox 57b .. L Savannah, Georgia ~ 31402 -' ' x50378 ,said aircatt now being domiciled in inftxmatioct received by this Otveswrt indicated that you are the owner at a aircatt, registration no. , the State of Georgia The.Georgia, Saes d lJse Taz Aa of 1951, as amended of tt~e Georgia PublicFevenue Code, imposes a tax at the rate of d% upon tangible personal prdperty _ purc`t2sed otrside the State when icrported into Otis State for tse wtCt aeditallowed only for State sales tax paid in a reciprocating state. ~~ Residens of MARTA Counties (Fulton and DeKald) must;pay an additional 1 ~ MARTA Tax and suCt tax is-not subject to recprocal tax cred;t.even though tax .paid m the ftxeign state exceeds th9 4% Geoigia rata. , Residents of certain Local Taxing Jurisdic~orts must pay an,additional t% Local Option Tax and/or L % Speaal County Tax subject to reciprocal. credit for tax paid to a local jurisdicdonof another State where the purposes of such taz are similar to those of the Loce1 Option anuor Spedal County Tax, , r' ~ , It due and Georgia Sales d Use Tax HAS NOT teen paid onm~s aireatt, complete State return under Sdtedule t below, sign and mail to above address with , check payable to the Sale3 d -Use lax Division. Residents of Ftilbn and Dei<alb counties and/or Local Jurisdiction must also complete the 17. MARTA, 1 %:Local Option and, 1% Sp~er_ial Cotinry Tax Return and irtdude that tax it due in total amount o! check payable to Sales d Use Tax Division as shown du tine 9 below. ft Georgia, htAATA, Lora! Option and/or Spedal County Sales d Usa Tax HAS been paid.on this aircait, or the tax is itot due, ginplete Sated le sign and rearm m above address. Fulton arid DeKa15 County, Local aridior Specal~Counry Jurisdi~on resideris are required to remit.C:e 1%tiMART~, Local Optionandlor Special County Use Tax irtespeaive of the State ~x paid. ~ ` . ~.7 O ~ery Tn~•ty,Yours, .For irtformat7on'txxttact ~ ~ ., r ri ~ =. w ": ~I o ~`~ I~ i ` ~ ~ ~.., < I , Fiegxxtal Ottlce rt tY) (-1.-fl4~-960~02~T .~ ~- .' V ,~) C ~~ ., '`: Judy L . Mar t In Aup~,ri:ed ReQresan of it~• S.tana oc Georp+a Revenue Corrxn~sior,ef :., ` ~ ~ ~ S7ATf HAh1f Of Lt}~CL JURfSDICTION> { ~NF[~(11 F t •~TA_X RETllPN A. 4% Scats ' C.1% l:ocaf Optic .1 % Special Cty . 2nd Loc: OoL ..~ .• , 1. 7otal.Purchnse Price -. 3. wTraCrin Allowed .. ~ .'.. • .. ' ', ' . 3. Net ?rice Paid: (Line t less Lme`2) -.. ~ -, ,. • 4. Tax .. 5. Less Stae, MARTA .Local Option and/or Special County Tax Papa - ' 6. Net Tax Due; '' -' ~ `' 7. Interest:° (]% per mot from due-date until paidl 8. Total Tax Due Now .' .. .. 9. Total;`Siau, MARTA, Local Option Tax and/or Special County Tax due now , PLF/~SE RETURN TNtS LETTER WITH YOUR REMITTANCE - ENCLOSE COPY OF BILL OF SALE A minii7wnl pertatty of 55:00.per month win be added S roC paid by SCHEDULE II -CERTIFICATION OF SALES OR LtSE TAX PAID OR NOT DUE -_ - : ,. GEORGI/~, MARTA, LOCAL OPTION, AND/OR SPECIAL COUNTY SALES OR USE TAX'HAS SEEN PAID.ON THE ABOVE VEHICLE IN THE RESt'fCTIVE AMOUNT(S) OF S (STATE): S '(MARTA); S (LOCAL): S (SP,ECIAL COUNTY TAX). SAID TAX WAS PAID ON TO' • . I cer~fY.7tat ~ Intarmatfoct famished herein. Es true and correct b the best of my krtvwfedge and tieGe{. ~1 g ~ ~: ' ?tth tiaj d ~ 19 _ , Si9naa,re of Tax~Y~ .NOTE: A reply b~71i5 {etaer and ~e remi"yartcs of tax. tf appGcab4e, rsttst be forwarded by you and received in y,,s otfice.by 2 /,28/ 95 . b prevent further legal aria, and addidoca! penalties; ingest and aos~. . - COLONIAL GROUP, l;NC. - lot NORTH LATHROP AVENUE , - :., PHONE 9I2-236-1331 I'OST'OFFICE [iOX 576 FAX 912-235-3'S81 TELEX 80-4729 SAVANNAH, GEORGIA.3(402-0576 March 6, 1996 -~; ~ .,, ~ Board of County Commissioners a .320 Chestnut St. ~ '' Wilmington,. NC 28401 _ . ~ - . ~f : ~ , , -.. ,.,. ~ .~ Re: CTI efNortl: Carolina,-Inc. Late listing penalty oil initial return Dear Sirs: .. w. - .. ~ _ I ani writing' in regard to a late listing penalty. for $2,74.6.10 that has been assessed against ~ ~ ' the above company. I wrote several letter's~without reply until'I did receive.a reply from Ivlr.` 'Roland Register stating that only the Board of County. Commissioners has the authority to .., release or compromise a penalty. r ~ ~ - - ~- ~ - '- , . - ~ .... .. f-, .. . . F,. In 1994, we. formed a new subsidiary, CTI of North Carolina, Inc., with the purchase of an existing petroleum terminal in Wilmington. In January, I called~the tax assessor's office to ,request forms for filing a-personal property return.AUnfol-tunateIy, I file,returns in Georgia and ~~ ,South Carolina, all with a,April l du:e date: ,It was not mentioned to me by the tax assessors office nor did it occur to me that the return was due on January 31. ~ • . . _._ .,__ ~.. _.. _ . _ - _ . _... _. ._ _ ~ . _w.,~- .. _ .. ~ r.. ... _..~ _ _ _ _..._. ~.. The_returns were filed oil March 2'8, 199, and the tax due was paid in full on.a titiiely. ,,, , - ~- basis.--Also,.tlie 1.996 return was filed on a timely basis as will all returns in the future: Since ~ _ , "'~ this is a case of simply misunderstanding the due date~of the initial return, I respectfully request ~ ~ . • ~ ._that the late listing penalty for 1995 be waived..I might add that it would be helpful to new ~ ~' ' , _ .businesses applying for business licenses to provide them the information necessary to comply ~ .. _ ,, ' ......with .local laws to avoid~this situatiori.W"-`-"` ~~ ~"~" +`• ~::~ ~ .-~.•_:~ + :: ~. .. _r_ _ . .. .Sincerely, ~ ~ ... ".. ~ , ... ,.. _ . ~ .. . _ ~i ine C. Henderson ..'.. _ . -., ~" ... U ..r . F= Tax Manager _ ~ ... .. ~ ... _ .. _. _ .. _ __ ._ __ ._ A_ _ _ MAR ~ l l 1996 18 6 ~ " ~ _ ~ _ . . ~ ~ NEW HANOVER CO. ~~ ~ ~' ~ - ~ _ 80..OE COMMISSIONERS .. • . a - -, `/ . ~ .TAX ADMINISTRATION '. ~~ . . 320 CHESTNUT.STREET, ROOM 209 _ WII;IvIII~iGTON, NORTH CAROLINA 28401-4090 T£LL!'1lON~ (910) ~~! 1-7131 ' - :.'ROLANDC.I2ECISTER. ,, ~TazAdministiator ~ ' ' ~~ - • _ - ~, February ~6; 1996, ' . ' .. ' _:.. .; . ~ . . . ~ _ , ~~ . Irvine C. I-Ienderson ~ ~ ~_,. ,`~ .. Colonial Gro~ip, .Inc. PO~Box X76 .' *. avanilall GA 31402-07.6 S _ ~ ~-. ... ~ , ,, . '~ Re: CTI,of.North Carolina, Inc. -.Penalty oli I309~~OII496 . • Dear Mc. I-tenderso'n: ~ ..: '.. . .~" Yo>:u• letter February ~1 ~, ..1996 is the only letter associated with your f le. There is a ~note~ in • the file that \~/alter Ward, Listing Supervisor, liad a conversation with you Juiie 14, '199. His `Motes pertained to value only, and did ilot explain ~~hy you listed the plane in New , . ~ _ .. I-Iailover,County ,..,.. . ... - . ..; ` ...._ ,: First I Heed _an ex lanation wli ou woiild "choose" a location, for the "best possible tai rate"' `, P YY _ ratliei= than follow the tax l:a~~~s of the various states.wliich liiay have jurisdiction for~;taxin~ the: _ ' '1 p "~~lane. If laws of ~nothei state su ersede the ~~aIi;dity of your~listin~, the"circumstances,' :, jurlsi~iction, and applicable Maws must he made l.no~~lil to me. • With proper contact from that ' _ jui-sdictioil, our Conllllissioners~ lilay be given legal advice fo release the 199 charge. °'" -. A COi' the Ellalt i<IOrth Cal"Ollll~a taw' rCC1U1reS 111C t0 1I11poSe Z 'late list ~LCIlalty, illld bLlydCnS , . s P.. X, a taxpayer to; list the•j~roperty whether or not notice is received to' do so:,~ Only the -Board of County Coiiiillissiollers, oil the petilion'ot• the taxpayer,, has the authority and discretion to __ . release or; coinpronltiise 1 penalty .. ,t. `' ;:` ., ~ ~ . .:. .;. .. ._.,. - ~ ~ .-, , .., .' .. y ' .~. y` ns wh 1.She should f ai•d.oF, y , . It tllerc rsnot ~ cilallen~~c to oilr ~urlsdiction, ou ma address our a>>eal.to the B,o County Comllllsslol~~ls at the abo~c address, and.~lve.all rcaso y y avor yoilr ,appeal. Yo also` have •the`ri~ht ~`to appear before tlie.I3oard to. further plead °your case •; Please' respond as you .deem necessary. •.' . - -•. .- .. .v y," . ::.; ~:: . t e',Sincer~el.y ' . . `.. ~ _ . = ~ - i~ Cam- ... .. .~ g ~~~ '~.• Roland G: Register '. ..~ . ~' ~-~ t .. L h ~ ;. t ~.r5 R - , - .., ,.~ 4 ~ ''.enc. -. 7 . 1& . ~. ,_ . .,.. . PHONE 912.236-1331 TELEX SO-4729 (~OLONIA,L (~ROtJP, rtv~c. ' IOl NOEtTH L•ATHF.OP AVENUE I?OST OFFICE 60X 576 ~ • SAVANNAH. GEORGIA 31402-0576 ' ' February 15, 1996 Mr. Roland Register New Hanover County Tax Administrator 320 Chestnut St. Wilmington, NC 2S401 Re: CTI of North Carolina, Inc. . Late listing penalty on airplane Dear Mr. Register: r FAX 912-23'5-3S3t .. - - .. L Ji I am writing in regard to a late listing penalty for 52,746.10 that has been assessed against the company, I have written several letters without reply and have now received a call from a gentleman in collections who recommended chat I contact you directly. In 1994 we formed ~a•new subsidiary, CTI of North Carolina; Inc., with the`purchase of an - existing petroleum terminal in Wilmington. In December 1994, we purchased a small business jet for'S~;693,863 with,a taxable value of 5~,?20,000. Before deciding where to base the airpla•ne,~ I contacted every,possible location toPdetermine tlie'best possible`pi•operty tax rate.- ' Unfortunately, all the property-tax returns I file are due on April l st` and the filing date for ~{ 1-Ianover County of January.3l was.not mentioned.when I call for the rates aild forms. The ' decision to locate the plane.in I-Ianover-County was actually not made until March 199 when I began preparing our returns. ,.... -. t Duria~g~1994 we Made only two trips. to Wilmington, on December 14, 1994 and again on • December ~l5;.•1994::Our next trip to•Wilmington.4~~as not until January'~24, 1995. Since the plane was not in Wilmington on January 1, 199, it was not oii the report received by the assessor's of5ce. After rer~.iviilJ the our property tax return, the ss..Jsor's of;:c° c~'.led ire about why I wanted to list~the plane and to discussahe valuation. ,. This penalty situation is personally embarrassing to me•since I at the time, I had just started with the company and I was the one who recommend listing the plane in Wilmington. On ' the basis of the circumstances, II1Cllldtilg the fact that the taxes were paid on time and the 1996 return was filed timely, I respectfully request that the late listing penalty for 1995 be waived'" 188•:~~ Sinccl•ely, ~/ ~r /~ Irvine C. Henderson Tax Manager 55tFICArtoN oNLy; ( UCEnSED REniAt.vEtllcLES wITH'uDR' PuTE.cu I . 1 ENTIFIC SPECIAL EQUIPMENT D ;11CLE'IDENTIFICATION ATION ('I MAKE ' I ~ ,b10DEL•. SIZE',( ~ VEroCLE Io.NUMe ER _ ~ OR SERIES '. u5T BODY OR SPECIAL I ' ioox ORIGINAL ' EOUIPMENi, ETC. COST ' A78 ~ YEJ1R OEPARTMENi ACOUIREOI USE ONLY ~'-i,l i t i I I• I I If ~. I ~. .i f1 I I i I I -1 i I `I 1~ ,.' ~ j j I I I '.. ILi.II III'fl - I ,, ., . j 1~I I I ., • II ,. 1 :: ._ , .. ' - `. III I , I j I j ~ £XACT~NAME 1N WHICH 71TlED1E ,. ' DIfFERENTfROM BUSINESS NAME , ,. _ . , - SCHEDULE C 80ATS. MOTORS. AIRCRAFT AND MOBILE HOMES10FfICES OWNED JANUARY 1 '. ~ ~ -(OTNEHEOUIPMENTAOOED.AFTERORIGINA~9URCNASESHOUL08Eg5TE05EPARATELY.aTTACN5CHE0ULEIFNECES5AR Y1 TYPE :. IYR.! MAKE/MODEL I SIZE COST ANO ~ IDENTIFICATION I ENGINE LOCATION OFITEM ~, OATEPURCNA5E0 INAMEINUMBERI ~ TyPE' ~ .IMARINA,AIRPORT,M:M,PARK I ) A T X~FFICEUSE. .BOAT I I .. ~ . MoioR . ~. HP! I -- - i ' BOAT.. I . _ .. i _ j ~, Moron ., j HP I I. I I I ,. ~ r , . 'AIRCRAFT . )};; LL ._ S_~ 3 j ~. I`T I L~t~-A Y'c-l~ 3l j .. - I 3 t .' I O / I H~MIEE MOBiIE , I _.. I ~ ~ x ( 1 ~~ ~~~~ U\~`~~ .. I - . - ~ ~ .. I . - . "• ~ ~ ~ ':Note engine type: inboard = Ir(~:1+ l~utboard = 08 ~ Inboard~0utdrive - .' - = ILO Sailboat -SAIL. . CHEDULE D~, - ACQUISITIONS ANDlOR DISPOSALS OF MACNINERY; EOU1vMENT,FURNrtURE aNO FlxTUaESIn THE ~alOa YEAafATTACH SCHEOUCE iF uECE55ARYl ~ ~ ~ •. 100'/. OHIGINAI - ,. ACQUISITIQNS • ~~ dT'CM77FIN nFTJII ___,•.__,,. __ ~ f11GD(1CG1 $.ITF.MIZE'IN.DETAIL TEA R..I. --f00'.;ORIGINA~ IACO(JIREDI ~ COST I _ , I - - ,.. v •~ ' -" - .. ^ l . _ _ ; mi .. - (` l • '. _! .. ... ' J 1 - f 1 i l ' I. 1~ Ll . ` ~ ~ ~~. • ~~ ~ l f . ~ ~.1 ~ lY , I CHEDULE,E h' `I . ./~l i~ f ~ / '1 .,'~1`~. ( `' PEAR 100 :ORIGINAL. .. - !I ~ ~ , r r ~ II. r :Ql I. ACQUIRED( COST J .. ^,. ,~ . ., ~. - . . 1 ~ wNER OF. REAL ESTAT°_ wF ~ / ) ~J ~ b ~~ ` •~ I ~p ` I I. i 'CHEDULEF l~~ 1 (~`~,I ~ J ~ `r . OFFICE SUPR~iES ;... '. - - ~ ~ ~ ~~ .. MAINTENANCES-JA'NITORI0. ~ ~ ~+ ~ - '~ - EDiCAt_DEN.TAL..dRpTHE •~ ~ -'.~ EAUTY SHOP 6 BxaeERSUPPUES ~ - ~ - . - _ - .FUELS CF Pll Kw OS ~ ~ . , .. . ' ~ ~ .. - :.. . , - _. . _ ,., ., - . OUIPM ENT $PAREPARts _.. ~ ~. II llOi HER $UPPUE$d MATERIALS-NOT SPECiiiCally, EIEMVLEq - ~ . _ ~ ~ - ' ~ Unoorpenaitres Dre scnDed Oy 4w. I here y arlrrm Marto Ine oesl ~ol my know~eoge anp oetielIn.3_liseinq,.rncludinq any accom0anpnq statements, in.enione s. scnea rs true-and comD~e le. (i Lnis it Signeo ya norviCual other than Ine taa Dayer, rte allirms that ne a lamrliar w~ln the ealent anatrue•alueol ]II Ine ua0ayer's DroOeri county ano'inn his rmalio is0 d au the informarionol wnlcnne r+as any knowieoge.l Listing MUST De signeODy a DrinUDal otllcoror fWl•Ume amD~oyee Or Ia ~~ ' Wes, ana other inrormauon„ y su0iecl 10 laration in ItIi1 y $IGNA~ E ~ ~ ~ OATS ~ PREPARER OCHER TH ANTAXPAY ER ~ ~ _ . - DATE - 71^ LE , .. -. ~ , : 7ElEPHONE NuMEiER , ADDRESS: - ~ - J . ' Regular.Item # ~ - Consent Item #: 9 ~ Additional Item#: Department:.Tax Presenter:.. • Page Count In Agenda Package: 3~ Contact: Patricia Raynor -` SUBJECT: - _ . New Hanover County and New Hanover County Fire District Collection Reports - . - .. _ ,. .. .BRIEF. SUMMARY: .. ..- ~- Collection reports as of April 30, :1996 - ~ - .. ~ • .. .. ~. ' - ,,. _ f . RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of these reports as the'Commissioners have approved them.~in'the past 3 o : ~.~ . . - _, _ ._ .. • _. ..FUNDING: SOURCE: -~ . .. , . Federal S:.• ~ State S:' County S: •. :.User Fees S: ~ Othec S: ,. - .. , • Moriey [s 1n Carren4 Budget: New Appropriation.Request: _ BudgefAmendment Prepared: REVIEWED. BY: - ~ ..,- ~ 4 , . - ,: ~ , .. - LGL:~ ~ FIN: ~ BUD;... _ HR: -COUNTY MAMA ER'S COMIVIENTS:AND RE' OMMENDATI N :~ ,. .:' . ~ '. . .. Accept.reports. _ ~` .: ,.. COUNTY Ct}MMtSSi~N~RS APPROVE©k D REJECTED` 'st7` ~ ~ , REMQVED t"J~ ~. ,~ 19 .. ~os~r±uv~- _. _, _ ~ . __ ` Refer-to Office Vision Bulletin Boazd for Disposition .. CONSc"NT AGENDA _ DATE'----=---- ITEM N0._M___ - -~~ - ~ tJEN HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 04/30/9b CURRENT TAX YEAR - 1995 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED ADVERTISING FEES CHARGED LISTIPJG PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE .e ~ ~ ~~ PERCENTAGE COL' LECTED ~ . - ' ROOM OCCUPANCY TAX COLLECTIONS PRIVILEGc LICENSE COLLECTIONS EMS COLLECTIONS AD VALOREM # 47630,320.15 2333,.678.69 __--_106159.64- ~ 49~857~839.20 13,345.50 43,120.74 --------------- '# 49914,305.44 49~135,326.96- ~ 778978.48 98.44°x# # 2~463~963.85 .89,187.98 162~999.92- S 2390,151.91 .703,440.63- # 1686,711.28 . 29.'43: APR 1996 103,496.69 233.75 .00 MD TOR VEHICLE # 4~367~931.77 3b~904.09 38~b9'9:83- # 4~366~136.03 .:00 4~366~136.03 3 ~ 509 ~ 226.78- ; 856909.25 80~.37°C* .. . FISCAL YTD 1,586,260.06 12,701.63 .00 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNT,Y~ CITY_.OE _WILMINGTOrJ --WR•IGHTSVILLE-BEACH, CAROLINA -B€ACH AND KURE •••~~•- ~~ ~ - BEACH TO DATE,- $7~~472~1-05.21. r THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 1995. SPECTFULLY SUBMITTED ~ , ~ ~ y" ~ J ~ ~E ~ ~ ~~ ~ ~ ~::,",~ ~.~~n~ PAIR It~TA` J. YNOR - ~ ,: ~, t, f • ~. COLLECTOR 0 REVENUE - ._ .__.. ._ ._._ ... ,_.. ___ _. _., .. _. ._...~.. _. * COMBINED COLLECTION PERCENTAGE ~ =.' 96.99°l, ~ ~ ~•' nT~s^J 1 ~ tH-t r.~ 5~~~}} ` ~ k f Y 1y 'h..~Kl ~~~h 192 r.~ ., •1 .~ _ .m :~.~' -~ CONSENT AGENDA . ~ - D-ATE: - " ,. , ~~ , ITCH N0. ----- NE,W. HANOVE2 COUNTY FIRE. OIS TRICT TAX COLLECT IONS :_ COLLECTIONS THRU 04/30/96 ~ •CURRENT TAX -Y'EA'R - 1995 °~' ~ ORIGINAL TAX R S EVY O AD VALOREM 85 10 49 ROTOR VEHICLE 0 , L PE CR LL w~ ~1 . 1~0 S 5~7.5i.24 1 - DLS.GOVERI€S,ADDEO .57,242.77 ~ T~138.96 LESS ABATEMENTS 24972.35- 9'93.-57- TOTAL TAXES CHARGED ~ 1~081~455.52 ~~ lOS~896,63 ' I.;ISTING.PENALTIES C.HARGEO 1020.71 .00 ; '.TOTAL ,LEVY COL ECTIONS TO , S' 1~082~4,76.23 S 7 105896,.63 - L DATE 1~06 ~654.85- Sb~b14.47-. - _OUTSTA'NDING BALAN£E. S 1.4 821.38 S 19 282.16 PERCENTAG.E.COLLECTED - 98.53~* 81.7'9X* `,BACK-TAXES '~ REAL ESTATE.ANO"PERSONAL PROPERTY ~ 44 873.72 ~ "CHARGcS.ADDED .2981.84. ~ - . LESS.A3ATEM'~ENTS 692.68- 70TAL" TAXES OUE ~± ----47162.8E ~ COL[.ECT.IONS TO DAT,c ~ ~ 14.1581.24- ~ OUTSTANDING BALANCE S 32 581.64 = PERCENTAGE• COLLECTED • ~ 30.'92 TNIS'REPORT IS FO,R FISCAL YEAR BEGINNING JULY .11 1995. , . R -SPECTrULLY ~SUBMI 7ED~ ~ ~ ~ PAT:R•IC.IA J. AYNOR . , COLL.c"CTOR OF REVENUc • • ~. , - * COMBIPJ'ED COLLECTION ,PERCENTAGc - 97.13! . , ,. • .. _ ~ .. . -: - ~ ~ - , ~~ 4 ~ g 3 r ~ ~ ~ . 194 . , '~ • REQITEST FOR BOARD ACTION • Meeting Date: 05/20/96 ~~ .~ • `. Regular Item #: `Consent Item #: I0 ~ Additional Item #: Department: Tax Presenter:,, : • Page Count In Agenda Package: 2 Contact: Roland Register . _ - , SUBJECT: . Release'of Value.. , ~ , , :. - ,. BRIEFS MARY: . ,~ , ., .. . .. - ~~- RECOMMENDED MOTI 'N AND RE UE -TED ACTI NS: . -,. . _. Recommend. approval of these releases: ~ , . .. . . . ,.• . - ~~ . • FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget:.. New Appropriation Request: • Budget Amendment Prepared: ,~. REVIEWED BY.: • . - LGL:. ..FIN; BUD: ~ - HR: :.COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ~ • Recommend approval of release. ;. COUNTY COMMfSStpNERS . APPROVED C] ~ ~^ :. REJECTED C] . REMOVED •CI ~. : , DATE .. . - Refer to Office Vision Btillctin $oard for Disposition . . Consent Agenda Page 2 May 20, 1996 _ .._ . Request the following certification penalties-be released as this was the taxpayers first offense: Braxton, James Roy Jr. y - ~ ~ V ~ ~ $100.00 ~ ~ - ; Russ, Sara Holland 100.00 Zoubek, Robert Alan 100.00 Request approval of delinquent application for exemption from property tax for the following _ organization: (application and letter explaining late filing available upon request) Wilm/i~lew Hanover Community Development Corp. R04805-021-001-000 sw Copy: ....... .. ~ : tc ~ ,. ~~~'~ , :. } J .. .. C ~~ y ~ ' ~ ":'9 ~t ~'~ t 9 /dl: 4+ ~~~ ~ s~i,-`,_'1 ~'~~1~~~ ~a`d ~~~ v ~ }~ i~ '~~ y u ~.,~ . ~lt.. a a ~~ 196 ~ ~: ,~~ ,f ~~,. a t i~ t.-. ~ . ,. ,'nr' n- , ~t~.~ " ~ y REQUEST FOR BOARD ACTION , . Meeting. Date: 05/20/96 •, ' Regular Item #: Consent Item #: 11• Additional Item #: • Department: Legal Department,. Presenter: Wanda M: Copley , Page Count In Agenda Package: 10 Contact: Wanda M: Copley ~ • .SUBJECT: ,; • ~~ - , _ . ., Time: Warner Cable Customer Standards. ~ _ ,. r - BRIEF-SUMMARY: ~ " Rescind current. customeraervice standards.. and adopt newly updated standards: .,, • • ,. _ " . RECOMMENDED- MOTION AND REQUESTED ACTIONS:. . Adopt; new customer service standards which have been mgdified to incorporate the~~;current = op.eratirig..environments for cable telecommunication providers... Consumer protection remains .among the single most important role for local government during the ensuing competitive era. ~- ... ~ , ., FUNDING SOURCE: - : '• Federal S: -~. State 5: . , County 5:.0.00 User Fees 5: Other ~: •y .'..',Money Is In Current Budget:- ~"~ - '-= - New Appropriation Request: _. ~ :~ ~ , Budget Amendment Prepared: ~ -' '_ s .: :. ..,. _ ..REVIEWED. BY: u . a - _ ; LGL: APP WCOPLEY = FIN.: .:. BUD: N/ACGRIFFFINHR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~ '= ~ =4~, - ,- Concur with the County.Attorney. " • . _ A. COMMISSIONERS. APPROVED p - - . ,. .. .. :. - ~ REJECTED p s r _ .. ,.. .. - . REMOVEp ;U ' 197 cos;N~~ a DATE ~-_ LL , fb • _ _ ,, :_ . Refer to Office Vision. Bulletin Boazd for Disposition ~ `~ - ", AN ORDINANCE . _. _. _.. _ _ . _ ._. OF .THE ... _._ .. .. BOARD OF COMMISSIONERS _OF , NEW HANOVER COUNTY ~. U `" "' f New Hanover County hereby, - ~~ ~ The Board of Cbe codifiedsi~ enacts the followin to Chapter 6, Business g Regulations, New Hanover County Code: Article VI. CATV Requlations The 'text of-Section 6-110; Purpose, shall be repealed-. _ In lieu thereof the text shall read as follows: Sec. 6-110. Purpose. Pursuant to the Cable Television Consumer Protection and Competition Act of 1992, New Hanover County became certified on October 8, 1993 to regulate cable systems' rates and services of the basic tier, which includes all "must-carry signals" and public, educational and governmental channels, and any other video programming a cable operator chooses to place on the basic tier. The Board hereby finds that i.t.will.regulate basic tier rates pursuant to regulations establYshed~by.the Federal _.. Communications 'Commission and adopt Federal.Cominunications.~: ,, , Commission Consumer Service Standards and. Consumer. Standards , adopted by the,Count,y that will further promote the_.interests of ° its citizens: _. - ,-,..,. The text of Section 6-111 Definitions shall be amended to add the following definitions :° BASIC SERVICE TIER means the tier to which. subscription - -~is -requi-red .for---access -to ~ any other • tier ~of service . As provided by the Cable Act; the basic service tier -includes all local , broadcast signals carried on Grantee's system and all Public, ! Educational and Governmental {.PEG) signals carried on ,Grantee's .,,cti~;, System, and such additional signals or services which Grantee may. < .. ; ~. offer consistent with` the~Cable'Act and FCC regulations. - -= - ---- ~-- -~. rt. CABLE COMMUNICATIONS ACT or CABLE ACT means the,Cable~ Communications Policy Act of 1984 `as amended by~the Cable, ~~ ~~~Television Consumer Protection and Competition Act of 1992*as it may be further amended 'or _succeeded r- ~a ~ ~ , ..-: EDUCATIONAL ACCESS CHANNEL means any channel` - ~ ~`~' specifically d+~~i,gnat~ed ~or~}u3~s~e,~, by local public and private _ school authori~t~i~es g~ ~- ~t y .,r ~ ~ Jy~ MUST-CARRY ~SIGNALS~.~.means the Cable Act requirements _,r ~ .:,.~ ~ ~..f,;, ~h~-Acable television operators'carry certain local commercial. .~ U -~,~~ ~ ~^ ~d~ ,u:;_ ~ ,~ ;, ~~ " ~I _. - ,.. ~. broadcast television sta.bons'and.noncommercial'television" • sta:t_ions ' on their systems . • , .. . . - ~ _ The text of Section 6-122,. Complaints, shall be .repealed_ I:n lieu ,thereof the text she'll read as •fol'lows :, •~~ . • Sec . .6-;12'2. Consumer Service" Standards and Complaints... . _ • ~:~ ~.:Iri accordance .with the FCC Consumer Service standards, :.county will regulate as follows: . .1•) ':Cable system office hours and•telephone availability: '{ ~' a Gra-nte,e will maintain a 'local, toll.-free `or •icohlect. ~ ) 3 .call,. telephone access line which will•be available to its subscribers -24 hours a day, • seven days a week . ~ ` ;~ - :- .. • ~• • ~ ~ " '~• . O Trained'~• company representatives will - be available to respond to customer telephone inquiries during ~' ~normal~business hours. ~ ~ ~- ~ - ~" •.(Yi) After normal bus>ines hours, the, access line _- ~~~ ,may be answered by a~ service or an~ automated response system; including an :answering machine .• Inquirie ,received. after normal . . business hours must be .responded to by a trained company i 'representative on, the next business day. e.,~ - : ~(b) Under normal, operating conditions; telephone answer .-- time. by a customer representative, including w.ait•tme,•shall-not ~ ;. _ e`xceed• thirty ~(30) sec:onds when the connection- 3s made. - .:If the. • ..~ ` ~ call needs to be transferred; transfer time shall not exceed ~ ' ~thirty,(30) seconds.- These standards shall be met no less than. ninety .(90) ~_ percent of the -dine under normal operating . : . .cond'itions, measured 'on •'a quarterly basis. - • ... .. - -. .. ( ) g q to acquire - y. " c The rantee will not be 're uired '~ equ~ipnent or perform surveys to .measure- compl ance wiah the • telephone :an$werng„standards above unless a historical record of •_°°,~.. complaints indicates.a clear failure to comply.. -` (d)' Under• normal` operating conditions, the customer~~ ~' ° ' will receive a~ .busy signal less than three (3) percent o,f the~•:. ' ~• . time ~ - ~ • . ,, _ {e);~Cu•stomer service tenter and- bill payment locations -..-~ _ ~~ • ~ wild be open at least `during normal business" hours .arid. will be • conveniently located. -... , 2) Installat•ons,, outages, -and service calls ---Under normal -. ~~ - bperatin•g conditions, each of the" .following,• standards will be rnet •~no-less than ninety-five (95) percent of the time measured on a .quarterly .basis . _ ." ~ ~ ~ ~^ ,. '~ ,. --. ~. ~ ~ - 2. ,, (a:) Standard installaaions will be performed within seven (7) business days after an order"ha`s been pl'aced.~' "Standard" installations are those that are located~up to 125 feet from the existing distribution system. (b).-Excluding conditions beyond the control of the cable .operator, the grantee will begin working on ~a ~"service interruption"; promptly • and .-in- no ,event .later than 24, hours after the interruption becomes known. The grantee must begin actions to correct other service problems the next_busines,s da.y after LL, notification of the service problem. I - (c) The grantee .s hall maintain records of .all outages affecting ten or more subscribers. Such records shall indicate the estimated number of:,_subscrbers affected.; the date and time of first notification of•the outage, the. date.. and .time-service was restored, the cause of the outage and,a description of ttie , corrective action taken. Such records shall be available to the . County during. normal business hours and. retained in grantee's files for not. less than three ,(.3),years. ,. Upon request.,. a statistical summary of such records shal-1 be prep,are~d by grantee ' and submitted to the County annually.. A system outage message " , recording on-the telephone system shall.be provided in such situations:where the outage is.projected to last more:t,han one hour . " ., - ~ ~ . ~ : , ... .. _. . (d) At least twelve (12.) hours before any. planned ~` shutdown, when possible, the grantee .shall give notice of maintenance,or major .equipment change-:outs .which resul,t.in loss of service to .a neighborhood cons-fisting of ten_(10) or more. _ subscribers or larger-area.. • (e) The "appointment window"~~alternatives for..- installations, service calls, and other installation activities ' will be either a specific time or,-at a maximum, a four-hour time block during normal business hours. (The cable operator may schedule service calls and other installation activities outside of normal business hours for ..the exp,ress,_convenience of the _ customer. )_.. ; _.. ' : a . ~ ,. .. .~ ; _.. (f) The grantee may not cancel an~appointment with a customer after:the.close of business on: the business day. prior to the schedu-led ,appointment. - _ , (g) If the grantee representative is running late for -" an appointment with a.cus.tomer and will-not be able to keep the appointment as' scheduled, .the customer-will. be .contacted,. The,.. ; appointment will be rescheduled, as necessary, at a time .which .is } convenient for the customer. 3) Communications between grantees and cable subscribers,. (a) Notifications to subscribers. 200r 3 j 1) The grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request: •~ (i) products and services. offered; ~_~ (ii) prices and options for programming ~" - ~~ services and conditions of subscription to programming and other services; •~ '. iii installation and service maintenance ,( ) • ~` policies; !~~~ ~ (iv) instructions on how to use the cable ' ' service; .., ~(v) channel positions of programming carried ' on the system; and, ~,_~ " (vi) .billing and complaint procedures, including the address and telephone number • of the county's cable administrator. ~- 2) Customers will.be notified of any changes in rates, programming services or channel-positions as soon .as .possible through announcements on the cable system and in writing. Notice must be given to subscribers in a minimum of thirty (30) days in advance of such changes, if the change is within the control of .the ,grantee. In addition, the grantee shall notify subscribers thirty.(30) days in advance of,any significant changes in 'the other information required by the•preceding paragraph. • (b) Billing. ' (i) Bills will be clear, concise and understandable. Bills must be fuily. .•~itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will • ,~, '~•also clearly delineate all activity during ` ~ _ _ _ ___ _ __ - ,the billing"period, including optional .. .charges, rebates and credits. ` . . ~ ..y. ii In case of~a billing dispute, the cable •• - ( ) operator must respond to a written ' ~~ complaint from a subscriber within thirty (3'0) days. 4) Rebates - Upon ,request by a customer, grantee shall•~ provide a rebate for outage time of twelve consecutive hours or• more during any billing cycle. Grantee shall provide written notice of this rebate policy on all rate and promotional material 2 01 ~ .~. 4 provided to subscriber or potential subscriber. Rebates will be issued promptly, but not 1at~er than either - ~ _ (i) the customer's next billing cycle. following resolution of the request or thirty (30) days, whichever is earlier, or •" (ii) the return of the equipment supplied by _ the grantee if service .is terminated. 5) Enforcement of the Regulations - Subscribers may direct unresolved consumer service complaints to the Cable Administrator, County Attorney's Office, 320 Chestnut Street, Wilmington, NC 28401. The Cable Administrator shall. have the authority to impose all remedial measures prescribed by the FCC. 6) Federal Communications Commission Remedial Measures - Nothing in this ordinance shall orohi-bit cable subscribers from filing complaints directly with the FCC. The FCC may enforce appropriate remedial measures pertaining to~rates and consumer service standards. • • The text of Section 6-123,• Rates and Charges to• subscribers, shall be repealed. In lieu thereof the text shall • read as follows • • ~ ~ ~ ~ ~• - • ' Sec. 6-123. Rates and charges to subscribers. - ,••`••~._ County will regulate rates and charges to be made and collected by a grantee hereunder pursuant to Federal _.: -. Communications Commission regulations. ~~s ATTEST: Adopted this'the 1st' day of November, 1993. :.'. _, _ ~. - _:.. _ - -NEW HANOVER COUNTY ~ ti~~. . ~* .. :`. _ Q - Robert G. Greer, Chairman -/ ?~ Board of Commissioners * moo" _ .. GP - 5 ~t~~ ''~~~ud.. County of New .Hanover Customer Service Standards for Cable Telecommunication Providers 1. Subscriber .Privacy .. _.~ In accordance with Section 631~of the Federal Cable Act of 1984, the grantee shall abide by the provisions of the Act; and no less than annually, provide notice in the form of a separate written statement tb customers stating the privacy~provisions of the Act. 2. Employee Identification When calling in person on customers or other residents, all employees or authorized representatives of the grantee, including subcontractors; are required to display an employee identification card with their name, photograph and signature, and a telephone number that can be used for verification of the representative's capacity with the grantee. 'All vehicles, including subcontractors, shall display the name of the cable- telecommunication grantee and a local telephone number in easily distinguishable alpha numeric characters. The telephone number is to enable local residents to call and verify the validity of personnel, vehicles and othei major equipment operated. by or subcontracted to the grantee. 3. Office and Telephone Availability A. Knowledgeable, qualified grantee representatives shall be available to respond to i customer telephone inquiries Monday through Friday during normal business hours. If community warrant, grantee shall staff customer service telephones during evenings and/or weekends. _._ -: ~ ~ ~ ~ -~ B. Under normal operating ~conditions,~ telephone response time by a customer service representative, including wait. time required to transfer the call, shall not - exceed 30 seconds.,.-This standard shall be met no less than ninety percent . .. [90%] of the time; measured on~an,annual .basis... -~ ~ , C. Under norm ~ ~ . , al operating conditions, the customer shall receive a busy signal less . than three percent of the total time the grantee's office is open for business. -r 1 203 D. Customer service center and bill payment locations shall be open for transactions Monday through Friday during normal business hours. If community needs warrant, grantee shall staff customer service telephones during evenings and/or weekends. E. Each franchisee shall be responsible for adopting, publishing and implementing customer complaint resolution policies. Resultant procedures shall be designed" to settle customer complaints in a timely and satisfactory manner. • The location and address of the grantee's business office shall be_ provided. . F. The grantee's customer service practices shall include acceptance of: a) repair requests by telephone twenty-four (24) hours each day, seven (7) days each week; and, b) service and repair requests at the grantee's business office from 8:00 a. m. until 7:00 p. m. Monday through Friday and 9:00 a. m. to 1:00 p. m. on Saturday. 4. Installations, Outage and Service Calls Under normal operating conditions, each,of the following standards shall be met no less than ninety-five [95%] of•the time measured annually at the end of a calendar year. A.. Standard installations shall be~completed within seven business days following ~. the placement of a customer's order. ",Standard" installation are defined as "those that are located up to 125 feet from the existing distribution system:" (Section 76.309(c)(2)(i) of the FCC Commission's regulations) ` B. The Grantor extends the installation range to 200 feet for schools and public facilities located within 200 feet from the grantee's existing distribution system. C. _ Excluding those situations beyond the control of the' grantee, the grantee shall ' respond to service 'interruptions promptly. No later than 24 hours after the interruption becomes known to the grantee. Grantee must initiate action to remedy service problems unrelated to an outage the next business day. • ~ .. ~~ D. The appointment window alternatives for installations, service calls, and other ' ` ' ~ installation activities shall be (a) morning, (b) afternoon, or (c) evening. If community needs warrant, the grantee shall schedule supplemental hours during which appointments can be scheduled. E. If, at any time an installer or technician is thirty (30) minutes' or more behind schedule, the grantee shall endeavor to contact the customer. If necessary, the appointment shall be rescheduled at a time convenient to the customer. 204 . 2 ~' F. The grantee shall render efficient service, make repairs promptly, interrupt service only for good cause for the shortest period possible. Insofar as possible, . interruptions outside the period from midnight to 6 a.m., shall be preceded by notice to customers on a barker channel, a text or program promotion channel. '~ G. The grantee's customer service representatives, :in lieu of answering devices, ~; ~ shall'be available to ieceive customer calls twenty-four (24) hours per day and w respond to all customer requests until 10:00 p.m. weekdays. After 10:00 p.m., the grantee may dispatch service technicians after three (3) or more complaints have been filed by customers served by a common cable=telecommunication system. 5. Communication, Statements, Refunds, and Credits A. The grantee shall provide the following printed information at the time of ~~ - installation and thereafter upon request by a customer seeking an explanation regarding: * ~ the range of roducts offered; b P * ~ bundled or packaged service options offered and the cost for each; * ~ installation cost schedules; ' * ' - ~ ~ the grantee's service policies and practices; ,. * ~ the use of terminal equipment; and, * the use of services and how to access them. B. Statements [billing] statements shall be clear, concise and understandable. The itemized charges identified on the customer's statement and .the. total charge for service must include all fees and. costs. The grantee shall print the Grantor's name, address and telephone number. on each statement. ~~ C. Refund checks shall be issued promptly following the return of leased terminal . equipment. Refund checks shall be issued no later than the earlier of 45 days _ following the return of .leased equipment, or the end of the customer's next ,~, ~ billing cycle. ~ . D. The grantee shall provide written notification to its customers 30 days prior of any program service charge, program service alteration or channel line-up modification initiated by the grantee. s _ 3 ~i 205 ..~ ._. E.. Outage credit granted automatically to customers as follows: Should grantee fail to correct a service problem, other than a service ' interruption, within 24 hours after having been provided notice,.grantee shall credit 1/30th of the monthly charge for the affected tier or premium service program to the customer for each 24 hour period, or fraction thereof, following ' the first 24 hour period .during which the customer experiences reduced service. . Late~fees shall not be assessed earlier than 30 da s ast the bfllin~ c cle due F. Y P b Y . date. ,~ , 6. Complaint -Appeals A. Upon notification by a customer of an unresolved complaint, the Grantor shall determine the facts of the complaint by obtaining information from the customer and the grantee; and shall act to resolve the complaint in a manner consistent with its regulatory and fiduciary authority. B. The customer may register a complaint~with the Grantor, regarding grantee's service, installation or terminal equipment lease rates. The Grantor may file a formal complaint with the Federal Communications Commission in the complainant's behalf in accordance with the Telecommunications Act of 1995 - concerning an increase in rates for cable programming services after such increase becomes effective and if it receives subscriber complaints. - [Section 301. CABLE ACT REFORIv1. (3) of the Telecommunications Act of 1995] ' ADOPTED THIS THE DAY OF ATTEST: BY: ~. ~ / ~ /96 .: .. Clerk seal Rcv: h4arch 28, 1996 1996. ., ~/ /96 ~. 4 2V~ ._ REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 Regular Item #: Consent Item #: 12 Additional Item #: Department: Legal Department Presenter: Robert Lucas Page Count In Agenda Package: 2 Contact: Kemp P. Burpeau SUBJECT: " Conveyance of vacant tract to Wilmington Housing Finance and Development, Inc. BRIEF SUMMARY: Wilmington Housing and Finance Development, Inc. has requested that the County convey to it Tax Parcel # RO 4814 012 014 000. The parcel is 80 feet by 60 feet and is situated at 1 lth.and Rankin Streets, across from the Old James Walker Hospital. Wilmington Housing and Finance Development, Inc. would locate a home on the tract for a first time, modest income homeowner. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider transferring the property to Wilmington Housing~Finance & Development, Inc. without compensation, pursuant to G.S. Section 160A-274. FUNDING SOURCE: Federal S: State S: County S: 0.00 User Fees S: Other S: tilone}' Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED ~BY: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT ..C Recommend transfer of property without compensation. ~:vu~V"r Y COMMISS,1~?~1~5 p(~STP~NEQ ~ Refer to Office Vision Bulletin Board for Disposition ----~-~---a--._.__ WILMINGTON I-~O~JSIN~ FINALE & DI/VEUJPMENT, II~IC. . "WE LEND MORE THAN MONEY - WE LEND A HAND" - _ April 26, 1996 - ... ~ - _. .. ... _ . - Mr. Kemp Burpeau, Attorney New H2nover County Attorney's Office - ~ - - 320 Chestnut Street Wilmington, NC 28401 ~ ~ , „ • RE: 1017 Rankin Street Dear Kemp; WHFD is interested in acquiring the County owned property, parcel #04814012014000, ,located at the corner of 11th and Rankin. This property will be used to move a house to from Topsail High School, which house shall be used in our lease-purchase program. This program benefits first-time buyers of modest income. To date our primary ; _ beneficiaries have come out of public housing. Secondary beneficiaries. are the County ' ` -and the public as these properties now go on the tax rolls and the tenants are no longer ~~ a burden on but a contributor to the community. ~ ~ -: Respectfully Renuested~-• . ~-. Robert M. Lu s Administrator, WHFD RML/wmc- ~ ~ - .. . ~ ~r _ a s. .~~. ~ ... a: .... ~ F y ~ - - . ~ ..~ 1 h y~hkY1rt~~ ~y- -T m4 6~'ae a3 ~ 4 P.O. Box 547 - Wilmington, N.C. 28402 341-7836` $ + ~ ~'~ Equa! Opportunity Lender ~ ~~ ~~,.~!~r~''_-357,.,E ..~ x ~I 1 1 1 1 1 1 1 1" 1 1 1 l i 1 REQUEST. FOR BOARD. ACTION Meeting Date: 05/20/96. Regular Item #: Consent Item #: 13 Additional Item#: Department: Governing Body ~ Presenter: Lucie Harrell Page Count In Agenda Package: Contact: Lucie Harrell SUBJECT:. NCDOT Road Additions BRIEF SUMMARY: Adopt resolution adding the following road(s) to the State Highlvay System: Maypop Court in River Oaks Subdivision RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: , ' { - New,Appropriation Request: Budget Amendment Prepared: • ' • REVIEWED.BY:~ - ~ ., ~ ._ _ . .. _ . .. -: _ - -- . _.. LGL: FIN:, BUD: HR: COUNTY MANAGER'S COMMENT ND REC MMENDATI N - . _:. Recommend adoption of resolution. -_ - couNn coM~~ssror~~s~ _ ~ ~ APPF~OVED , p ... . _. . REJECTED p - ._. - .. Rf_MOVED _, . - PosTpotvo „ . ~ 2 0 g . DATE . _. - - Refer to Office Vision Bulletin Boazd for Disposition NORTH CAROLINA STATE DEPARTMENT. OF TRANSPORTATION OZVISION.OF HIGHWAYS PETITION North Carolina County of .~~'~-' ~f~n~oc;~-2... - - _ .._. _. Petition request for (check one) Addition to State System (~ Paving ( ) .. .. .. ~ _. .Maintenance Improvement. ( ) ~ - We the undersigned, being .property owners on ~~ PoP CO c1R-T' -N l ~~~ ~-4t~S Su~3 orvtSrd~/ Descri e or give local name or Secon3ary Roaa Number i n N c~ ~vv ~~,L County do hereby request the Division of Highways of the Department of Transportation to l40 D the above-described road. ., .. We further advise that the road requested to X00 ~ is C?,C~3 miles in length and at the present time there are occupied homes located on the road and having entrances into the road. Finally, we agree to dedicate to the Division of Highways aright-of-way of ~ '- the necessary width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire ~ length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement , forms that will be submitted to us by representatives of the Division of Highways. . ,e, REMARKS Four copies of recorded subdivision plat enclosed if applicable PROPERTY OWNERS ~ NAME ~ ~ MAILING ADDRESS ~ ~ TELEPHONE `'-~" ' " They Di i si on o ' ghways should contact the first petitioner 1 i sted below:. _- },: ~', -•:~ ;-~ ~ J - O ~ --~ ~ -~v-(_ 3G a - zy z {~~~~il~ ~ W'u~' l~ l~Ll U L~U Revised Form SR-1 (5-8,3)-~Al~l-~prerv~ o'us"fo~rms~ obsolete NEW HANOVER CO, 8D. OF COM'~flSrlON~;€'r~ ~ ~ _ u t ~ •~ //77 a ~ ~ qE>~ ,r X _~~ EOGE ^0. ~ > SIC nrAr£R r99 0 1 / ~ z ~. ~O 9 ~ GO cN 4PA0 M4LK. r ~ ` GRDvE m'. u r /~ ~ JD. _ ao ~ - _ I T RIDGE : v /' n '. a NEAT Nt~;F: QD. S•w0 ~ _ ~ ufILL 1 rJ FpNt NP ~ ~ / ,1 d a) SurFSE 1 P~ ao / .. NIGH aoce a a 1 /' pRIVE ~e J J ~ ~ ' _ ~~/ q ~ " ~ ~/! z J 4r NN C 1 / ~~ ~ ¢ rr. /// 0 0 1 •i R 0. ~ 'r3r~G^ ~ ~ , ~ 1 O /o _ ~ R_ +a Wl, - J~ j ~ a:l ~¢ ~ EGRET 3 S ~~'a` ~ Y > ~ Q ~ ~ ca ~/ 1 z r ~ ~ .LN. SE4v Y W /~ ~ '/r 'Arc OUI ~ ; ~jj L K,71 RD. . uNEY /r ~ j~ SAME NCE RD ~ ~r •`~~ _ J ~ r / W NILL~`/•ILEV MALK a~j 3 ~ ACR rS OR INLr_T /~ / ^. ~ /% ~? Cy a c rb a <~ C1, I. IId ET POINT OAtY£ ]O. '~ .'.r .~ J3 2.a•i£eo CpuAT r . ], uuILET co~T 36~ 3 ~ RG1nL cE,zN aJ •. ]C•lL0- L•NC W3-~Nna ~" ~ , / _ COeI• LANE ~~ ~' i e. r•aroN Derv[. 9E ., ,,, a •~ , T, roV-•MO LANC ~ ~ , _ 0. ][,r pOeIM COUNT / ~~! / 9. OROU COWT ~ r. '~ 10.7E •. 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REQUEST FOR BOARD ACTION Meeting Date: 05/20/96 ' Regular Item #: Consent Item #: 14 Additional Item #: Department: Engineering Presenter: Wyatt E. Blanchard Page Count In Agenda Package: Contact:. Wyatt E. Blanchard New Position Civil Engineer BRIEF SUMMARY: At a Board workshop earlier this year, the Board requested that Engineering hire an additional Civil Engineer to assist with projects. A request has been placed in the new (96-97) budget for an additional Civil Engineer position in the Engineering Department. Due to the work load we are experiencing.a delay getting projects expedited which is caused by the excessive activity around the County.. If the position is planned for approval, I request that we are allowed to advertise and select a person, prior to the new budget year, to come on board in early July. This will expedite hiring a person. RECOMMENDED°MOTION AND REQUESTED ACTIONS: Request that approval be granted. 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: APP CGRIFFIN HR: COUNTY MANAGER'S Cfd'MMENTS ANll K~C:UMIVIIJIVI)A I lU1~V Recommend approval A~RaV~C~ O' _ . ~REJECT~D C7 . . REMOVED POSTPor~EQ ~ 213 DATE ._.~._.,.-~- ,.,.. Refer to Office Vision Bulletin Board for Disposition '+M 'y r~`p'f 5~/ ~ ~ t~~=~{~; ~~A 214 ~ ~a~s~~`? h~~" ~~ ~ . t . I_ ,~, - REQUEST .FOR BOARD ACTION ~~: Meeting Date: 05/20/96 Regular Item #: Consent Item #: 15 Additional Item #: .Department: Presenter: Page Count In Agenda Packager Contact: Lynda Smith _, SUBJECT: ~, Approval of the Consolidated Contract between the State of NC; Dept of Environment, Health,& '" Natural Resources {DEHNR) & New Hanover Co. Health Department .~,~ ~~ M A ~~ ~' r~-, ,~, ~, fir. .~. r~ ~._. ~~ ~~ ~. ~' BRIEF SUMMARY: - The Consolidated Contract sets forth the terms and conditions applicable for public health activities provided through the Health Department for which. the department receives state funding. The amount of funding for FY96-97 is $2,249,199 ($1,548,694 through State Grants; $701,225 through Title XIX Medicaid earnings). RECOMMENDED MOTION AND REQUESTED ACTIONS: Motion to approve Consolidated Contract FUNDING SOURCE: - ~ ~ - ~ - - - ~_ - rederat S: _ Sta;e 5:,1,548,694 :County S: User Fees S: • • Other S: 701,22 Money Is In Current Budget: (1996-97 Budget) New Appropriation Request: ~ ~• ~ _ ~~ • •~ "- '~ ' 3udgetAmendmentPrepared:- - ~ ~-• `~ '_' -- --. _._.....:~.. - .__ _, ~, ~ --~___~.• REVIEWED BY: , _ _; -._. _ _ _ _ , - -- - ._. ~ .- _ ....'::.__~. LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENT AND RECOMMENDATION ~ ~ ._ . Recommend approval.. -• „uU(VTY COMMISSIONS ~ ~ ' -- .. APPROVED Q : _ ~ ' 'REJECTED p :~~ '~. ~ - . _ : ; ` n --~+ Refer to Office Vision Bulletin Board for Disposition _ ' ~~ NEW HA~IgN~LIDA~~ED C0~7RACT~ ~ Page 1 of 12 _ _ -BETWEEN - THE STATE OF NORTH CAROLINA -- AS REPRESENTED BY THE DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES . ~ (Hereinafter called the 'Stated .. .. ~ AND .. ~ieW Hanover Eounty Health Department - (Local Health Department -Hereinafter called the 'Department") . , ~ FOR THE PURPOSEOF ~ - MAINTAINING AND ST1AdULAT1NG THE ADVANCEMENT OF HEALTH IN NORTH CAROLINA This Contract Shall Cover a Period From July 01, 1996 to June 30, 1997. NOW, THEREFORE, the Slate and the Department agree that the provisions and clauses herein set forth shall be incorporated in and constirirte the terms and conditions app~cat~ie for the folbwing ac~vvities involving State funding. (State funding or funds means state, federal, and/or special funding or funds tht~aughout this contract.) ACTIVITY ACTMTY Adult Health Hypertension Aids Control Immunization Action Plan Child Health ~~-- ~ Haternal Block Grant Nutrition Childhood Lead Poisoning~~ Haternal Health- ~ ~ ~ - .. `-Child Service Coordination -~ ~~-• - •~ Haternity Care Coordination ''~~. Children Special Health services Hosquito Control _ ~ Communicable Disease Project Assist ~ ~ ` ` - ._., Environmental Health ~ Transfer of Escrow Epilepsy ~ Tuberculosis Food and Lodging - Women, Infants, and Children. Family Plann,ing:,,:,,,,,,,r;,.,~ ~.~„n,.,,~. Health Promotions ~. art 1~k4y~e~`rt~l ~.r'erL~*/ #7' SbVQ~"'Ww General Aids To Goumt~aesaa,'~ ~,1 sas evised 02165 ~ri~ 2 ~ V of General Services (Revs ~02~?~µ ,:; ~~~~ 1 1 NEFI Ii.ANOVER COUNTY CONTRACT # I ~~ A. WORK TO BE PERFORMED i ~~. ... 1. The Department shall perform activities incompliance-with applicable program rules contained in the North Carolina Administrative Code as well as all applicable F_ ederal and ~. State lawsand regulations. 2. The Department shall submit for approval the required Program Contract Addenda for State funded budgets. . 3. -The Department shall submit completed reports as required by budgeted funding criteria and as specified in Listing of Required Fiscal and Statistical Reports (Addenda 1). 4. The Department shall administer and enforce.all rules which have been adopted by the ~~ Commission for Health Services or approved by the State and adopted by the local Board of Health: t~, 5. The Department shall provide to the State copies of rules adopted by the Local Board of ` ~ Health pursuant to G.S. 130A-39 and Public,Heafth Ordinances adopted by the County Commissioners. Copies of existing rules and ordinances shall be submitted to the State ~' Health Director within 45 days. Thereafter, copies of rules adopted shall be submitted within 30 days of adoption. ~~ . 6. The Department shall provide to the State a Community Diagnosis Prioritization of ~~'°" Problems every biennium. The Department shall also provide a Community Diagnosis .narrative, if completed. B. FUNDLNG STIPULATIONS ~~, ,'; 1. ~ Funding for this contrail is subject to they availability of State, Federal, and spedal funds for the purpose set forth in this Contrail. 2. -' .• During the period of this Contrail, the Department shall not use State, Federal or Spedal Project funds received under this Contrail to reduce locally appropriated funds as reflected. in the Local Health Department Budgets. ~ - • .. ~~~ 3. The Department shall not use personal health program funds to support environmental health personnel nor use environmental health program funds to support personal health ;~, programs. ~ .. ~ .. ,...` -., .. .,.~ .. -- 4. ~~ 5 < Fees generated by the Food and Lodging fees collection program may only be used to support Environmental Health activities. ;,, Funds for Childhood Lead Poisoning Prevention may be used to support both environmental health and child health activities. 6 The Department shall comply with Standards for Mandated Public Health Services, 15A NCAC 25, Section .0200;. and Administrative Procedures Manual for Federal Block Grant nil 1 NCAC 33, Sections .0100 - .1502. 217 ~~~~ -. ~1 NE~1 HANOVER COUNTY CONTRACT # - e 3 of 12 7. The Department shall maintain employee time records for the contract period documenting the portion of time that each employee attributes to each activity when State funds are budgeted for the support of employee salaries and fringe benefrts. The percentage of time each employee spends in each activity shall be converted to dollars based upon. the employees' salary and benefits. These records will serve to document salary and benefit expenditures reported on Local Expenditure Report Form DEHNR 2949 and Local Expenditure Report -WIC Form DEHNR 2950,-and compliance with Chapter 479, Section . 99 of the 1985 Session Laws. . 8. The Department participating in Medicaid Reimbursement shall: a. Comply with the terms of the Interagency Agreement between the Division of Medical Assistance, Department of Human Resources and the Department of Environment, Health, and Natural Resources and the Provider Partiapation Agreement effective October 1, 1992 and any subsequent approved addenda or new Agreement approved and established during the period of this contract b. ~ ~ Make every reasonable effort to collect' its' cast in providing services, for which `Medicaid reimbursement is sought, through. public or private third party payors except where prohibited by Federal regulations or State law. No one sha(1 be refused services solely because of an inabiTrty to pay. 9. The Department agrees to match the expenditure of Adolescent Pregnancy Prevention Project grant funds with a'ny in-kind source or newly generated funds, public or private available to the project. Payment from the State shall be in accordance with G.S. 130A - 131.15 (d) (5) through (8). _ 10. Funds budgeted for Adolescent Pregnancy Prevention Activities shall not be expended for dues orout-of-state travel unless prior approval is received from the program: • 11. Subject to the approval of the appropriate Division, a local health department may seek _ reimbursement for services covered by a program operating under 15A NCAC 24A rules ' when those services are not supported by other state or federal funds. Alf payment program rules and procedures as specified in the Purchase of Medical Care Services manual must be followed. 12. ~ Subject to~ttie availability of funds and approval of the Office of Public Health Nursing, a local health department may request reimbursement for. a:•~' •~' Nursing service personnel participating-in the Introduction to Principles and ~- Practices of Public Health and Public Health Nursing course ~(2 week course) and the Public Health Nurse Supervisors Training Course (3 week course). . Reimbursement is limited to no more than 5200.00 per week per participant upon ' successful completion of the course.- ~ - b. - '~~ Community Health Assistants and Public Health Nurses attending certain pre- -- ~ - ~ --~ =- approved Continuing~Education courses offered by the Office of Public Health Nursing. Reimbursement is limited to $25.00 per participant per event. ...~ 218 \f ;~ . ~r ;1' r '~ NE~J HANOVER COUNTY CONTRACT ~ Page 4 of 12 t 3. The Department -shall have an annual audit performed in accordance with The Single Audit Act of 1984 as implemented by OMB Circular A-128. The audit report should be submitted. to the Office of the Controller within (six) 6 months following the close of the contrail. Audit findings and resolution of said findings shall be handled by the Office of the Controller. 14. Equipment is a type of fixed asset consisting of specific items of property that: (1) are tangible in nature; (2) have a life longer than one year, and (3) have a significant value. a. For Budgeting and Reporting Purposes 1. Equipment purchases meeting the above definition and having an acquisition cost of $500 or more must be .budgeted and reported in-.Line Item ' 5000. ~~ b. For Inventory Purposes 1. Equipment must be accounted for in accordance with Local Goyemment Accounting System Procedure No. 15. 2. Women, Infants and Children Program t i 1 All equipment with an acquisition cost of x500.00 or more must be inventoried with the Division of Matemal and Child Health. c. For Prior Approval Purposes . 1. sEquipment purchased or equipment leased where there is an option to y purchase with StatelFederal funds must receive prior written approval from the appropriate Division, Section, or Branch when the acquisition cost exceeds $500.00: . = 2: ~ Women, Infants and Children Program .. ' " ' _ ~ ' ' All medical equipment and computer equipment, regardless of cost and all other equipment with an acquisition cost of $500.00 or more must receive prior approval from the program office. .._ ~x.. •. .. ,, ., .., i 3. Equipment purchased with program income generated by the expenditure of Trtle X Family Planning Funds with an acquisition cost of $500.00 or more • ~ _ must receive prior written approval from the program. 4. The use of Matemal and Child Health program generated Medicaid fees for capital improvements requires prior written approval from the program. FISCAL CONTROL :. 1: The Department shall comply with the Local Government Budget and Fiscal Control Act, North Carolina General Statute Chapter 159, Article 3. - . 219 Page 5 of 12 a. The Department shall maintain a purchasing and procurement system in accordance with generally accepted accounting practices and procedures set forth by the Local Government Commission. . b. The Department shall execute written agreements with all parties who invoice the • Department for payment for the provision of services to patients. c. When subcontracting, the following conditions must be met: 1. The Department is not relieved of any of the duties and responsibilities provided in this contract. 2. The subcontractor will agree to abide by the standards contained herein or to provide such information as to allow the Department to comply with these standards. 3. The subcontractor will agree to allow state and federal authorized representatives access to any records pertinent to, its role as a subcontractor of the Department. 4. The Department will make available to the State upon request a copy of • ' ~ subcontracts supported with State/Federal funds. d. The Department shall receive prior approval from the State when subcontrading for services in the Women, Infants and Children Program. e. The Department shall retain all budgets, budget revisions, contracts, contrad `' addenda, and finanaal records in accordance with the current Records Disposition `• Schedule for County and Distr# Health Departments issued by the Division of Archives and History, Department of Cultural Resources. 2. The Department shall prepare and maintain a budget for each activity covered by this contract in a manner consistent with instructions provided with Local Health Department • Budget - W1C Form DEHNR 3370 (Revised 2/93) and. Local Health Department Budget • ~ ~ Form DEHNR 2948 (Revised 2/93). - -•- . a. The Department shall prepare budget revisions for prior approval of the State when • ~ '"~''' ~' those revisions are in the School Health Program (Line Item 6200). b. The Department shall prepare budget revisions for prior approval of the State when State funds will be increased or decreased. c. The Department shall prepare an informational copy for the State of all other budget revisions when proposed expenditures exceed the line amount budgeted. d. The ,Department shall submit all revisions prior to the end of the term specified in this Contract. Budget revisions received by the State after the end of the contrad period will be returned without action. -- 220 :~t ~:, ~. '~~ ;~, ~.. f J~~ :.~ ,r ~\ NEFI HANOVER COUNTY CONTRACT # 3 The Department shall observe the following corid'itions when budgeting and reportirg eamed revenues: a. All payments from persons,. and public or private third party payors, shall be utilized for.the activity that generated the revenue and shall not reduce or replace locally • appropriated funds during the period of this contract. The Department may use revenues from any Division of Matemal and Child Health supported activity in any other activity supported by the Division. b. • All eamed income must be budgeted in the program where eamed, except that income eamed by a program which has no activity budget can be budgeted in a program approved by the State. Wrth regard to revenue generated by matemal and child health related services, program is defined as any activity supported by the Division of Matemal and Child Health.' c. AJI fees collected shall be used in the current year or succeeding fiscal years. d. Use of program income generated by the expenditure of Federaf categorical funds will be governed by applicable Federal regulations, including but not limited to 45 ' ~ ~ CFR 74. e. When budgeting: ~ ~ - - ~ ~ • i. Line item 9400 on the program budget must be used to budget the total of - ~ ~ line items 101, 102 and 103. ~ . ii. Line item 102 on the program budget must be used to budget TXIX eamed revenues. ~• . ' iii. Line item 103 on the program budget must be used to budget othef eamed • ~ revenues. ~ - ~= f. ~ When reporting: -. ~ . , .. ~ . :. i. Line item 9400 on the Local Expenditure Report must be used to report the • - ~ ••- = -. total of line items 101, 102, 103. ~ - ii. Line item 102 on the Local Expenditure Report must be used to report TXIX - = ~ eamed revenues that were expended. - ~~ ~ ~ .~ iii. Line item 103 on the Local Expenditure Report must be used to report other eamed revenues that were expended. g. ~ A local account shall be maintained for unbudgeted/unreported TX1X fees. • Accounts shall be maintained in sufficient detail to identify the program source ' generating the fees. - ~ ' ' ' . 221 ~ ~~ NEW ftANOVER COUNTY CONTRACT ,~ Page 7 of 12 (~ h. Title XIX revenues carried forward at the end of fiscal year 1997 may not exceed Title XIX revenues earned during fiscal year 94-95 or 510,000.00 whichever is greater. . i. ~ Program budgets that do not include an amount of TXIX funds sufficient to meet the requirements of •3. i. will not be approved by the. State. 4. The Department shat( submit a quarterly report of actual receipts and expenditures of the Department according to instructions provided with .Local Expenditure .Reports, Form DEHNR 2949 (Revised 8/95), and Form DEHNR 2950 (Revised 2/93). a. ~ The Department shall submit quarterly expenditure reports to the State within 45 days from the end of the reporting quarter. b... The:Department shall,submit the final Expenditure Report to,the State within 45 days after the end of the contract period. Report is due by August 14. c. The Department shall submit amended or corrected expenditure reports within four (4) months after the end of the contract period. Any such reports must be prepared for the specific quarter to be amended or corrected. Reports received after October 31 will be returned without action. ;r d. • ; ~ The Department shall refund to the State all State funds not supported by expenditures within 45 days after notification of overpayment. When payment is not r received by the State within 45 days, future payments to the Department may be reduced by the amount due or payments may tie suspended until the refund is . received by the State. e. ~.. The Department shall follow Women, Infants and Children Program and other Federal program reporting requirements when they differ from those stated above f. The Department shall submit monthly W1C expenditure reports to the State no later than the 8th of the following month. Final expenditure report is due by August 14. g. Reimbursement of W1C approved expenditures for July, August, and September l~ cannot exceed one-fourth of the total budget for the contract period. . ,~ De .n hall submit~month ~+ Maternal Outreach ex' nditure re rts to the h. The partme t s fy pe po state no later than the 15th of the following month. i. The Department shall submit.expenditure reports for Mosquito Control activity in accordance with 15A NCAC 18B, Sections .0104 and .0107. ,~ j. ,, The Department shall submit request for'payrnent for services provided under 15A ~ NCAC 24 A rules to the Claims Processing Unit, Purchase of Medical Care Services, DEHNR. 222 t ~~'• 0. t ~1 r ',~ ,,,.r ~~~ '~. ~i ' ~, !~; ~~~ ' E. :~ ~~ ~r NEW HANOVER COUNTY CONTRACT # Page 8 of 12 k. The Department shall submit request for reimbursement for nurse.training to the .Office of Public Health Nursing. Form DEHNR 3300 -Public Health Nurse Training Activity must be used as the invoice for payment. 5. The Department shall submit on an annual basis Staff Time Activity Report, DEHNR 3389, Environmental Health Report, DEHNR 3738, .and Food and Lodging Report, DEHNR 3888. - The reports shall accompany the final expenditure report and must be received by the State within 45 days after the end of the contract period. PERSONNEL POLICIES The Department shall adhere to and fully comply with State personnel policies as found in North Carolina General Statute, Chapter 126, and 1 NCAC 8. Such policies include, but are not limited to, the following: 1. Equal employment opportunity; 2. Affirmative action; 3. Policies for local government employment subject to~ the State Personnel Ad; 4. •` "Local Classfication'and Salary Range"; - _ 5. "Compensation Policy for Local Competitive Services Employees"; and 6. ~ "Recruitment and. Selection Policy and Procedures"; 7. Environmenta! Health Specialists employed by the Department~shall be delegated authority by the State to administer and enforce State environmental health rules and laws as directed by the State pursuant to G.S. 130A-4{b). This delegation shall be done accorciing to 15A NCAC 18A .2300. a. _ :Local.-health ,departments are responsible for sending their newly-employed • . = -.. ° environmental heafth specialists (interns) to 40 days (8 weeks) of initial field " training/orientatiori at the training center within 180 days from date of employment. ', ~ :-. b. ~ ~, Arrangements for initial field training/orientation for newly-employed environmental health specialists will be handled by the Environmental Health Services Section, Division of Environmental Health. 8. The Department shall comply with Minimum Standard Health Department Staffing 15A NCAC Section .0301(c). CONFIDENTIALITY .F . .:. - ~: - . . _ ~ _ _ All information as to personal facts and circumstances obtained by Department personnel in connection with the provision of services or other activity under this Contract shall be privileged communication, shall be held confidential,. and shalt not be divulged without the respon~L~ NEU HANOVER COUNTY CONTRACT # Page 9 of 12 person's written consent except as may be otherwise required by applicable law or regulation. Such information maybe disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. .. ~ ~ ~ - F. CIVIL RIGHTS - - 1. The Department shall assure that no person, on the grounds of race, color; age, region, sex, .marital status, immigration status', or national origin (unless otherwise medically indicated) or otherwise qualified handicapped individual solely by reason of his/her - handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this Contrail. 2. The Department shall'cornplete HHS Form 441, Assurance of Compliance with the Department of Health and Welfare regulations, under Trtle Vl of the Civil Rights Act of 1964; for the Women, Infants and Children Program, FNS-64, Assurance of Compliance with the Department of Agriculture Food and Nutrition Service, under Trtle Vl of the civil Rights Act of 1964; and HHS Form 641, Assurance of.Compliance with Section 504 of the - Rehabilitation Act of 1973. 3. The American with Disabilities Act 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals with disabilities in State and local government services and pubtilc accommodations. The Department certifies that it and its prindpals and subcontractors will comply with regulations in A.DA True I (Employment), True II (Public Services), and True III (Public Accommodations) in fulfilling the obligations under this agreement - G. RESPONSIBILITIES OF THE STATE ~ - 1. ~ The State shall provide to the Department upon request technical assistance in the ' preparation of the Consolidated Contrail/Activity Budgets and Contrail Addenda. 2. The State shall specify those administrative formslreports and their respective revision dates that are required by particular activities pertaining to the Departments budget with the State in Listing of Required Fcscal and'Statistical Reports-(Addendum 1) for the contract period. New forms reports not listed in Required FFSCa1 and Statistical Reports shat be ~` ~=`' -implemented during a contrail period only with the approval of the State Health Director. 3. ~ ~ ~ The State shall provide to the Department within thirty (30) days after receiving an activity ~` • budget from the Department an approved signed copy'of the budget. ~ ~~- :~ 4. The State shall provide funds to the Department upon approval of the Contrail Addenda, activity budgets, and signing of this contrail. - - . 5. The State shall assist the Department to comply with all applicable laws, regulations, and standards relating to the activities covered in this conract. ' 6. The State reserves the right to conduct reviews to determine compliance with the terms of . ~ this contract.. _ - .. .. . 224. - . . NEW ftANOVER COUNTY CONTRACT # ~y Pa a 10 of 12 9 ' 7. The State shall be assured that the Department maintains expenditure of locally ~~ a ro riated funds for maternal health, child Health, and family planning activities ual to PP P ~ or greater than that reported on the Staff Time Activity Report for the period beginning July . 1, 1984, and ending June 30, 1985. This maintenance of effort shall be measured by 4 salary equivalencies which are to be maintained in accordance with Section B. 7. of this 'contract. ~ ~ ~ - ~ . H. DISBURSEMENT OF FUNDS ,:, - . r( The State shall disburse funds to the Department as follows: ~- 1. For departments selecting monthly payments through the GMTS option - - - ' Provided the Consolidated Contract is properly executed and all quarterly expenditure .. reports are filed within the established time frames, payments equal to 1 /12 of the total " program approved budget shall be made in the following months: ~r _ July August September October November January February April May •`~ Based on expenditures reported for the first, second, and third quarters, payments shall be ,., adjusted either upward or downward, in payments made in the following months: .. ~L!~ December "'March June t - - -: 2. For Departments selecting monthly paymerts through the check option - - = t \j - Provided the Consolidated Contract is property executed and all quarterly expenditure reports are filed within the established time frames, payments equal to 1/12 of the total program approved budget shall be made in the following. months: {~, July August September October December January March April June Based on expenditures reported for the first, second, and third quarters, payments shall be '~~, ~ adjusted either upward or downward; in payments made in the following months: • . November February ~ May _ _. ~ - ~ ~ .. _ ~' 3. For departments selecting quarterly reimbursement option, payments shall be made when the quarterly expenditure report is received. 4. ' - For departments receiving Rural Obstetrical Care Incentive funds, payment of such funds v shall be made in one lump sum the month following receipt and approval of the activity ~~ . budget. .. , . . ~ _ .. _ , • , ..~ 5. For departments receiving Maternal Outreach project -funds, payment will be based on' - ~' ~, actual reported expenditures. Monthly payments will be made provided that expenditure reports are received as required in C. 4. h. ~ . ,~; 225 :. ~- ' ~` Page 11 of 12 ~- 6. Food and lodging fees will be disbursed to the department in one sum the month following receipt and approval of the activity budget and any subsequent .budget revisions. ., 7. Funds for Childhood Lead.Poisoning .Prevention will be disbursed once .per quarter. •T11e amount will be determined by the number of confirmed cases identified in each county. Funds for training will be disbursed upon request. 8. Funds for injury prevention projects will be disbursed in one lump sum during the first ~~`~ quarter of the project budget approval. ~ . 9. Quarterly payment for reported expenditures in Line Item 1000 shall be limited to one- fourth of the budgeted amount in that line item. ,,- . ~ , 10. Increased or decreased payments necessitated by changes in the total budgeted amount will be reflected in the monthly payments subsequent to .approval of the budget revision. 11. .Payments shall be suspended when expenditure reports are not received by the time specified in C. 4. a and f. Payments will resume in the months subsequent to receipt of the expenditure reports. ~ ., -' .. ~ . • .. _ _ ., . , . 12. Payment is limited to the total amount of the budget by line item as reported on ~J ~~ Expenditure Report DEHNR 3389. - ; ,, ., 13. Final payments will be made based on the.4th quarter expenditure report. Final ,payments will be equal to the difference between approved reported expenditures and the sum of previous payments. Final payments should be made.not later than September provided . that an original signed copy of an expenditure report for each quarter has been received by the Office of the Controller. Final payment will be made only -after the Staff Time Activity Report, DEHNR 3389, Environmental Health Report, DEHNR 3788, and Food and Lodging, DEHNR 3888 are received. by the State.. . , ~ . ~, AMENDMENT OF CONTRACT ~ - -~~~ .. :.fi Amendments, modifications, or waivers of this contract may be made at any time by mutual agreement of all parties. Amendments shall be in writing and signed by appropriate authorities. J. PROVISION OF TERMINATION .. ~ ~ - _~ This contract may be terminated for reasons other than non-compliance upon sixty (60) days written notice by either party. If termination should occur, the Department shall-receive payment only for allowable expenditures.. ~ - _ ~ , ., The State may withhold payment to the Department until the State can determine whether the Department is entitled to further payment or whether the State is entitled to a refund. , 226 ~~ ~K ~i ,~, ,,_, ~J r r ~~<' " ~~ xArrov~z court cocr # :Page 12 of 12 COMPLIANCE 1. The State shall assure compliance with all terms of this contrail. a. ~ Upon determination of non-compliance, the State shall give the Department si~cty (60)-days written notice to come into compliance.. If the deficiency-is corrected, the Department shall submit a written report to,the State which sets forth the corrective action taken. b:' If the above deficiencies should not be corrected to the satisfaction of the State after the sixty (60) day period, disbursement of funds for the particular activity may be temporarily suspended pending negotiation of a plan of corrective action. c.. If the deficiency is.still not corrected within the next thirty (30) days following temporary suspension of funding, .program funds may be permanently suspended until the Department can provide evidence that the defiaencies have been .~ :corrected. ~ " ~ d. In the event of the Department's non-compliance with clauses of this contrail, the ~' , . State may cancel, terminate, or suspend this contrail in whole or in part and the Department, may be declared ineligible for further State contracts or agreements. ,~ Such terminations for non-compliance shall not occur until: (1) the provisions of '~~~~ Section K=~1 (a-c) have been followed, documented, and have failed to provide a resolution, (2) all other reasonable administrative remedies have been exhausted. ~% 2. If the Department or the State should be determined out of compliance with the provisions of the contract, either party may file a formal appeal with the Office of Administrative . ` Hearings. ~1 .. ± IN WITNESS WHEREOF, the Department and the State have executed this agreement in ' `duplicate originals, one of which is retained by each of the parties. t~~ 'LOCAL SIGNATURES --• - -~-- DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES ~ ~ ~;~--~jG Jonathan B. Howes, Secretary ~, !Health Director Date ~ ~ ~ .. ",~ ,. .~, ~, Finance Officer '~~ ~ - . o County Commissioners (when required ~ ` ~- Y .. - - By . Date Department Head's Signature . .: -. "or Authorized Agent " ' " Date ~. ~. ~.. -. 227 jd DEPARTMENT OF HEALTH AND H[U'MAN SERVICES ASSURANCE OF COMPLIANCE WITH SECTION S41 OF ?HE REHABILITATION ACT OF 1973, AS AMENDED .~. The undcrsijricd (hereinafter called the "rtcipimt") HEREPY AGREES THAT~it M-i11 comply with Section S04 of the Rehabilitation Act of 1973, u amended (29 U.S.C. 79~, all require- ments imposed by the applicable HHS rejulation (4S C.F.R. Part 8<), and all juidclina and intcrprctations isstud pursuant thcTCto. ~ - . Pursuant to ~84.5(a) of the reYulation (<S C.F.R. 8<.S(a)), the recipient.. jives this Assurance in consideration of and for the purpose of obtaining any and aI] Federal jrants,.loans, ron- tracts (except procurement contracts Ind contracts of insurance or juaranty), property, dis- counts, or other Federal financial assistance extended by the Deputmcnt of Health and Human Services after the date of this Assurance, including payments or other assistance made after such dace on applications for Federa] financial assistance that were approved before such date.7he recipirnt rccojniza and rtgrecs that such Federal financial usistance will be extended in reliance on the representations and ayreemcnts made iathis Assurance and tha: the United States wi11 have the right to enforce this Assurance throujh lawful means. Tt,is Assurance is binding on the recipient, iu successors, trarstuees, and usignees, and the person or persons whose siYnatura appcu below ire authorized to sign this Assurance on behalf of the rcripicnt. This Assurance obligates the reripicnt for the period during which Federal finutcial usistancc is extended to it by the' Depanmcnt of Health and Human Services or, where the'assisunce is in the form of real or personal property, for the~pcriod provided for in §8a.5(b) of the regulation (4S C.F.R. 84:5(b)J. - _ _ - , The recipient: (Check (a) or (b)J a• ( = )employs fewer than fifteen persons: ~ - b- ( )employs fifteen or more persons and, pursuant to ~84.7(a) of the reguluion (45 C.F.R. 84.7(a)J, has designated the following person(s) to coordinate its ... °_ efforts to comply with the HHS rcgulatiotu: . ~ - - Name of Designer(s) (Type or Print) .~ •. I~W.Ranover County Health Dept. 2029 South 17th Street Name of Recipient-{Type or Print) Street Address or P.O. Bot 56-6000-324 Wiltstington~ ~~ .~ J ~ ~_ ti (1RS) Employer ldentiTication Number City North Carolina 28401 _ _ ..... _. _ ... ... State Zip _ . s I ccrti(y that thc~abovc informatio 's c mplctc and correct to the st m_v knowl~dyc~ ~ -~~ Date Signature and Title of Authorized Official if there has been a change in name or ownership within the last year, please PRINT thelformcr 2 ~~c below: . . rj HNS~1 (R~•. 1Lt1i .... . ~Y,aK. r.N! D:S. DL7AJlIT~~T Qt AG><ICtTLZVxIt •w,.•«e.aa a.+...«....• ~r~ Food astd Nutzlflot± Service 1 ASSURANCE OF COMPIIANCE~WITH THE DEPARTMENT OF AGRICULTURF, FOOD AND NUTRfTION SERVICE, UNDER TITLE VI OF 7HE CIVIL IIIGHTS ACT OF .1961 ... , i . J~ '`~tNeW Hanover County Health Department tKaae of Applicant) `(8erein.afcer called the Appllcant.`) ~. iUtDT ALRELS THAT it will coa71T vith Zitle oI of the CIvi1 Llthta Act of 1l6~ (T.L. ib-~S2) .and all zaqulteaeata Sa-poted DT the Re=ulatioaa ` of the Depsrtaani of Ajrlevltusa (7 C7;< Tart 1S), Departsant of .luatlce (?i CTA razta ~2 ~ SO), lfand FNS 1lractivaa or re=v.latioaa Sasuad puzswnt to that Art and tba le=v L float, to the ~v''affact that, no petaon is tJ+a Uaited States •ball, •a the t-ound of Tact, color, or aatlonal oz1=Sn, ~~la azcluded fro+ partic2patloa Sn, be denied tba benefits of, or De otherwise subject to dlaczlal- ,, aatlon under any pzoZra= o= act1v1t7 for vlzlch the Appliu nt racelveE Federal flnaacial asafstaace • froe LAe Department; and liL1lL3` GIVIS ASSU1tA~CL 'THAT It v111 i:=edfately uke any sseasuzes '~'aacesu:T to affactwt• this stzeaent. THIS ASS~1t~.~CE Ss ZSven Sn consSderatlon of and !or the purpose of obtainlnt anT aad •11 Federal ~'SnaaClal asslsu nee, lzants aad iota; of Federal „--2unda, rafnburaable a:penditures, treat or donation of Federal propertT aad Snterast Sn ~pzopertT, the detail of Tedezal pezaonnal, the ~ ,'salt aad lease of, and the paralaaloa to aua, Fadaral propcztT oz interest Sa auclf propcztT oz the furr.lshla= of services v2tDout coaslderatlon or at 'a noalnal ~ansSdaration,'or at a eonslder- ation ah:ch Is rcduce~ for the puzposc of assl~t- Snt the recipient, or Sn raco=nltloa o1 the juD11c Snterest to ba•sarvad D. such sale, lu se. or furalahlnt of services to Lhe zacSpleaz, yr ' '~ .. , \~Led ~~ ~ ~ ~j anT lapzovner.ts sade with Federal 1lnaneJal asslstance a:tended to the Applicant bT the Departsent. T2iia Secludes any Federal •traeaent, •tzan=asent, or other contract which bat as ere of Sta purposes th• provi:loo of assiatane• such as food, food atanps, cash atsiataaca for the purchase of food, and caap asslstance for rvzchase or rental of food service equlpsent oT any other financial asslstancs eztended is reliance on the rapresantations and •jraotr,ta a-ade is'tbSs - •aturance. - • , • 17 ACCL77ING TH1S ASSU1tA_CCI, th• app11 unt t=rees ' to coa:pSle data, aulacala records and subait , reports as required, to pez~it affective anfarce- •cnt of 71t1e VI and per-1t authorized DiDA "" personnel durln( normal wrkln= hours to review' `~`. '- such records, -ooks and accounts as oeed~d to asceztaln co~llance with ZStle VI. If thane are •eT vlolatloos of ibis assurance, the DaparL>,ent ' of Ajrlcultora, Tood and Nu ultlon Sarvice,'~ M 11 have the ri=bs 20 seek ~udlcfal eafozcasanL o1 , Lhis aasurazsce. • ' . Tl+is assurance !s pindln= oa tLc aypliunt, Sts" , successors, Lra~sferees, and a s1=nees as ions •s it receives asslstance or retains possession of • • ,anT assistance lroe the Dcpartsent. The person - oz persons vhase sSrnatures appear Delov are authozl:ed to siin this assurance on tAe behalf of - the applicant. - ~ • • - -. /6~- ' (Applicant) ~• ~TPublic Health Director (ZSCle of authorized oftSclal) ?2029 South 17th Street ~ --- •• •.•-~~~ ~~~ Wilmington NC 28401 ~' (AGEzass of Applicant) . f 229 - c furthai e.onles or other benefits stiaT De paid out udez Food and Nutrition Service Tederal asaleLaace ,ptotra:a u~lasa Lh1s Alsuzance L coapl a ad and 111ed as required DT a~elctlnt zctulatlons (7 CF7< 15). ~i ......... ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF ~~- HEALTH AND HUMAN SER-VICES REGULATION UNDER TITLE YI OF THE CIVIL RIGHTS ACT OF 1964. ,~ New Hanover County Health Departtnent~ereinattcr called t1:e "Applicant") t~ or ~oo~ ttrv~ « a~w HEREBY AGREES THAT it will comply with Title VI of the Civil Righ:s Act of 196- (P.L. L 38-35?) and all requircmrnts imposed by or pursuant to the Rctulation o: the Dcpanrr:cnt of Health and Human Services (4S C.F.R. Part SO) issued pursuant to that title, to the end ' that, in accordance with Title VI of that Act and the RcEulation, no person in tnc United ~ ~ ~~ ~•-~ --" ' States shall, on the Around of tact, color, or national origin, be excluded from participation : . in, be denied the benefits of, or be otherwise subjected to discrimination under an~• program or activity for which the Applicant receives Fedual Gnandal assistance from :he Depart= mcnt; and HEREBY GIVFS ASSURANCE THAT it will immediately take any measure; , necessary to effectuate this agreement. " . If any real property o'r structure thereon is provided or improved with the aid of FcderaJ ~' ." financial assistance extended to the Applicant by the Department, this Assurance shill obligate the Applicant, or in the cue of any transfer of such property, any transferee, for the period. R .: durint which the real property or structure is used for a purpose for which the Fcdcral Tinanaa.l • assistance is extcndcd or for another purpose involving the provision o! similar services or ,,,,,; - bencfes. If astypersonal property is so provided, this Assurance shall obGgatc the Applicant '~ ~ , " '' !or the period durinY which it retains ownership or possession o! the property. In all ~othcr ' ~ ~ ' - ~' eases, this Assurance shill obligate-the Applicant for the period during which the FcduaJ "- ~• tnant7al assistance is extcndcd to it by the Dcpartmrnt. - ~ . _ ,. THIS ASSURATI'CE is given in consideration of and for the purpose of obtaininY my and ~ ' . all Fcdcral grants, loans, contracts, property, discounts or other Fcdcral financial usistance ' :. _ , ~ , " extended after the date hereof to the Applicant by the Dtpanment, including installment ~_ pay:nenu after such dart on account of applications for Fcdcral finanriaJ usist~nee which ~ ` were approved before such date.'The Applicant recognizes and agrees that such Fcdcral itnan- ~ - cial usistanee will be extcndcd in reliance on the rcpresentations and agreements made in this Assurance, and that the United States shall have the right to seek judicial cnforcemcnt ", " of this Assurance. This Assurance is bind_ng.on (he Applicant, its successors, transferees, ~• ;~$.,.,.~, g •,M and assignees, and the person or persons whose si;natures appeu below arc authorized to sign this Assurance on bchzJf o! the Apalicant. " New Hanover County Health Department Date. - ~ -- ~ :._ _.' ::."_ ._..._. -~ ---- ...-, .._ .., .. .. w mot r o< w~a - ~.. .._ By ~' ' ~ Si~tuture aDC Title or ~utAOrucd Olliaal Public Health Director 2029 South 17th Street ~• Flilmington NC 28401 ~ - ~ . .,. .-,` . _ _ _ •_ , ,~ 2~SQ~ tx~.: tzru> t t ~~r' ~% ~~ ~u '^` ~' ~~ ~~~~ ~~t ~r 1 a ~~ ', ~7 ~~ REQUEST FOR BOARD ACTION .Meeting Date: 0/20/96 Regular Item #: ~ Consent Item #: 16 Additional Item #: Department: Emergency Management ~ Presenter: Dan Summers Page Count In Agenda Package: 3 Contact: Dan Summers SUBJECT: New Hanover County Fire Commission By-Laws BRIEF SUMMARY: Revised Fire Commission By-Laws. Summary of changes will be attached. RECOMMENDED MOTION AND REQUESTED. ACTIONS: : . 'Request approval by the County Commissioners FUNDING SOURCE: ' Federal S: State S: County S: User Fees S: Other S: . z Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ., REVIEWED BY: ~ ~ ~f ~~ ~ , ~ r LGL: FIN: BUD: N/A CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. i ~ °` ~ ~ ~ ~ „ ' t_ 231 ~~ }` Refer to Office Vision Bulletin Boazd for Disposition New Hanover County .. ... _ _. _ . _ Board of Fire Commissioners BYLAWS Existing=Std. Type ~- ~~ , ' ~~~ Proposed=Bold Type Article I: Name and Purpose Section 1. Name -The name of this advisory committee to the County Commissioners for the Fire Service District shall be the New Hanover County Board of Fire Commissioners (hereinafter referred to as the Board of Fire Commissioners). ~ -- ~ -~ ~- - Section 2. Purpose- The purpose of the Board of Fire Commissioners shall be to: 2.1 Review budget request from the individual volunteer fire departments, evaluate these request, and present the recommended budget for the Fire Service District to the County Commissioners. 2.2 Assist the County in planning and administering the Fire Service District. 2.3 Mahe recommendations to the County Commissioners on fire related ~ . matters such as the need for additional fire legislation, the .need for ~. additional fire prevention regulation and enforcement, for fire safety requirements that should be required when developers are perniitted to develop new areas in the County and on the annual contracts between the individual volunteer fire departments and the County. 2.4 To serve as an appeals board as prescribed in the Fire Board of Appeals bylaws in matters related to decisions rendered by the office of the Fire Marshal. Article I: Name and Mission ~ `~ Section 1. - ~ ~ Name- The name of this Fire and Life Safety advisory board, appointed --~~ to serve the New Hanover County Board of County Commissioners, ..,., , -, -'~ " ~ "_' ~' - shall be the New_ Hanover County Board of Fire Commissioners ~' " _ ~ f --~-~ ~ ~ - {hereafter referred to as the Fire Commission). ~ .... . _ ._ Section 2. Mission- The mission of the Fire Commission shall be to~develop, plan, .: ,~~. review and advise the County Board of Commissioners on implementatio^ of strategies for attaining and maintaining the most cost ~~ 232 ~~ i ;~, r ~~ '~r ~' effective and efficient level of fire protection delivery services feasible to the citizens of the Unincorporated County. Article II: Membership and Composition Section 1. ' The Board of Fire Commissioners shall consist of nine members. Section 2. Four of the members shall be selected by the County Commissioners from four different fire services areas. -The volunteer fire departments in the fire service areas that are not represented by the four County Commissioners' appointees shall .select one representative per department to-serve on the Board of Fire Commissioners. One County Commissioners shall serve on the Board of Fire Commissioners. No member of a volunteer fire departments will be appointed by the County Commissioners to represent a Fire Service Area. - Section 3. Aonointment ~ . . 3.1.** Members shall be appointed for a three year term. Terms shall start July 1. . One-half of the first appointees shall serve one year and the other one-half shall serve two years. Members serving one year terms will be chosen at random with one-half being fire departments' appointees and one-half. County Commissioners' appointees. Following the first appointments, fire service areas represented by fire departments' appointees will be represented by County Commissioners' appointees. Service Areas , represented by County Commissioners' appointees will be ~ ` ~ ~ ` represented by fire departments' appointees. No representative may serve ,no more than one terms consecutively. '3.2 ~ Th'e Chaumarijofthe Board of Fire Commissioners shall ad~lse,the County Commissioners on members who should be replaced because of resignation or limited interest and participation. 3.3 Any person appointed to fill an unexpired term shall be appointed to serve for the duration of that vacancy. ` *~*Amended by County Commissioners June 4,. 1990' 2 Article II• Pure c i n 1 Purpose- The purpose of the Fire Commission shall be to serve the Fire and Life Safety interest of the citizens of the Unincorporated New Hanover County as defined: - ~ . e i n 2 To review and make recommendations for fire suppression, fire ~ ~ ' prevention and fire administration, funding and expenditures. Review budget request and monitor expenditures from the volunteer fire . departments and the Unincorporated fire service delivery organization; evaluated funding request and submit budget recommendations for fire protection services to the Board of County Commissioners. Section 2.1 Advise the County in fire protection planning issues and prepared a fire "and life safety master plan, including yearly revisions and updates which will serve to project the fire service delivery needs that will be required to provide a cost effective and efficient fire serve for the Unincorporated County. - - - ~ ~ ~"`•' Section 2.2. Advise the County on fire protection legislation, codes, ordinances and related fire suppression, fire prevention and fire administration issues including, but not limited to; fire protection water delivery systems, fire suppression road access and minimum levels of manning for fire `` ~ emergency delivery. Section 2.3 Advise the County on matters relating to fire protection annual contracts with the indi~~idual volunteer fire departments. ,... . Section 2.4 _ Serve as an appeals board as prescribed in the Fire Appeals bylaws in matters related to code enforcement decisions rendered by the Office of ..:~: ~ the Fire Marshal. ~` ~ ~ ~ ~ ~ ~~~ ~ ~~ Article III: Officers Section 1. The officers shall include a~Chairperson, Vice-Chairman, and Secretary. Section 2. These officers shall be elected by the Board of Fire Commissioners at the July meeting of each year, and shall assume office at the July meeting. Section 3. Officers shall be elected for one year terms and may succeed themselves. ` 234 1 t~! ` 1 ,~ 1 r Article III: Membership and Composition Section 1. The Fire.Commission shall be.comprised of.nine voting, members appointed~by the New Hanover County Board of Commissioners. Section 2. Four members shall be appointed from the Unincorporated .County ' community at-large. Appointees shall be unaffiliated with any local volunteer fire service organization nor have been an affiliated member of such organization for the past three years. Section 2.1 .Four members shall be appointed from a list of candidates submitted to the Board of County Commissioners by the volunteer fire departments. . Appointees will serve the fire protection delivery system without regard to jurisdiction or affiliation. Section 2:2 A member of the County Board of Commissioners will serve on the Fire Commission. . -~. Section 2.3 No member of the Fire Commission,shall hold concurrent officer position in any organization formed to represent the collective interest of the contracted fire departments, either financial or administrative, during the term of the appointment. Section 2.4 The Chairperson, Vice Chairperson or Secretary of the Fire Commission shall hold no concurrent position in any organization formed to represent the collective interest of the contracted fire . ~ .departments, either financial or administrative, during the term of elected office. t...1 ., ~ .~.. ~ :. Article IV: Meetings Section 1. ..Regular Meetings _ .... ' , . 1.1 The Board of Fire Commissioners shall meet as needed, at a time~and place . designated by the Chairperson. ,: , . . 12 The membership shall be notified of the time and place or ;cancellation of all meetings in writing or by phone at least five days prior to the meeting. 1 4 235 ~~~ 1.3 To conduct business, a quorum will be necessary. Quorum will be a simple majority of the total membership. ~ - - '~ 1.4 A summary shall be taken at every meeting and distributed at lease five days prior to the subsequent meeting. • - ~ - Article IV:. Appointments Section 1. At-large unincorporated :community members will be appointed for a full three year term and serve at the pleasure of the County Board of Commissioners. r : - ,. Section 1.1 Fire service members will be appointed for a full three year term and ~• ~ : - serve at the pleasure of the County Board of Commissioners. . , Section 2. Members may be re-appointed by the County Board of Commissioners -for one a'ddifional term, the total of which will not exceed two full terms. -. Section 2.1 The Board of County Commissioners may, at its discretion, extend a ' members's term when it finds that it is in the best interest of the citizens . ` of the Unincorporated County or of the Fire Commission. Section 2.2 The Board of County Commissioners may, at its discretion, make a "temporary appointment" to maintain continuity or provide special skills to the Fire Commission during a period of vacancy and while . pending a final appointment. - Section 2.3 _-Any person appointed by the~County Commissioners to fill an unexpired term shall be appointed to serve for the duration of the term. Article V: Miscellaneous - t Section 1. Amendments- The bylaws may be amended or repealed and new bylaws adopted by the affirmative vote of hvo-thirds of the total membership of -the Committee at any regular or special meeting.of the Board of Fire Commissioners called for that purpose, with subsequent approval by the New Hanover Board of County Commissioners. The bylaws shall become ` effective upon approval by the i~'ew Hanover County- Board of - • Commissioners. - ' • • ~ - - L 23~ .. - 5 1 ,'f ,1 `') Section 2. .Attendance at Meetines- If a member of the Board of Fire Commissioners is absent for more than 2~ percent of the meetings held during any calendar year and if these absences are unexcused, the Chairperson will report such action to the County Commissioners in keeping with Section l.(E) of the Resolution for Establishment of Poli~v and Procedures for Appointments tQ County Boards. Commissions, Committees. or Authorities adopted by the New Hanover County Board of Commissioners on 20 June, 1983, and amended 10/07/85 and 03/02/87. .. Article.. V. ffi r Section 1. The officers of the Fire Commission will be comprised of a Chairperson, Vice-Chairperson and Secretary. The officers will serve as the Executive Committee of the Fire Commission. Section 2. Officers shall be elected by a majority vote of the members of the Fire ' ~ Commission at the July. meeting of each year, and shall assume office at LL _ the July meeting. • .. .Section 3. .Elected officers will serve for one year terms .and .may serve consecutive or successive terms. Article VL. M ina y . Section 1. The Fire Commissioners will meet as needed to accomplish the mission of the Board, as designated by the Chairperson, but no less than once each month. ~ - - . i Section 1.2 The members shall be notified of the time and place, .changes or cancellations of all meetings in writing or by phone at least five (5) : business days prior to the meeting. - ~~ ... .` Section X.3 An agenda of business will be submitted to the members of the Fire '~ ~ Commission no less than five (~) business days prior to the next scheduled meeting. ' . - . Section 1.4. A summary. of .the meetings (minutes) shall be taken at each meeting and distributed to the members no less that five (~) business days prior to the next scheduled meeting. 4 Section 1.5 A quorum will be required to conduct fire commission business. A VVV--~~~ simple majority of the full Fire Commission is requires to be present in order to attain a quorum of members. Section 1.6 A recommendation to the County Board of Commissioners for the removal of a member from the Fire Commission, the removal of an officer of the board or for member disciplinary action will require a two thirds majority affirmative vote of all members of the Fire Commission. '. J- ., ~ .- Article VII Miscellaneous - - ~ • .. .. Section 1. Policies and .Procedures: The Board of Fire Commissioners shall prepare and maintain a Policies and Procedures document for the • • administration of Fire Commission .business. The policies, procedures or functions of the board, contained in said document, once-approved by the Board of Commissioners, will serve as an addendum to these ~~ .,~ . Bylaws.. ,,. ~ ...• .-.. .. .r ~. - .. ~... ~. Section 1.2 Amendments: The bylaws, addendum's or revisions may be amended or repealed and new bylaws adopted by the affirmative vote of two- thirds of the total membership at any regular or special meeting called `~ for that purpose. Advised changes, deletions or additions to the bylaws L will require the subsequent approval of the New Hanover County Board of Commissioners. The bylaws shall be effective upon approval of the County Board of Commissioners. ~~ •• ~• Section 1.3 - Attendance at meetings; Where a member of the Board of Fire Commissioners has three (3) un=excused absences or is absent from three(3)consecutive meetings, the non attendance of the member will • =serve as a notice to the Fire Commission of the resignation of said . ' ~ - appointee/member and the County Board of Commissioners will be notified of the resignation from the Fire Commission. 2.3 8 ~. .. ~ , ... ! CONSENT AGENDA BUC~get .A.171er1C~I21e11t May 20, 1996 Item No. 17A ~/ /r % r/rir it //i~r~/ r/~////ir/ Or /r/ ~ i~- % //r~ .~.- 1 ~! DEPARTMENT BUDGET AMENDMENT # DATE CBA Agencies 96-0202 5/20/96 'i ADJUSTMENT ~ :DEBIT ~ CREDIT ~~ CBA Agencies ~ . CBA Grants $500 .Non-Secure~Detention Program $500 ., ~ _~~ 1 I I ~. f EXPLANATION i To budget additional State, CBA grant funding; for the Non-Secure Detention Program. i _. .. w. .. _ _ ~ . _: _.. ... ,. _ I ~. ~ . - _ j . ~u,vtYCp ~"~.~~ ~~ v ~ ~ ~1 ~ ~.~~ ~,~. t~?F'or ~udget Officer I ~~ '~~ :. 5 ~•~t!'~'~ ~ ~ `afrR~'~1 then report ~ S '-~'~ ~ ;~t~ Comm~s~ionen c~ ar meeting ~'' I r~„_.,, - "dnd entcrm mmutzs. cTo~be approved,by~Commissioners. ~~ To~ nt~re~d;into minutes. I CONSENT AGENDA J~ May 20, 1996 B~dget~ A•xzlenc~xnent Item No. 17B .~.~ ..~w"..!!.<V!f`•. •` ..::.;~.. M. .•\`":f ~.ie~\;Y!^',2~.!T:'.:!~."l~.!f~`LMM!.•...%..R.!!~.~a.(~Y..,•V.Y.v~2•M}`4;.~`Cf.~:.T•."^f~!.lYMI!'!!~!!~.wt~`!\...•~.w..~.....•w.!!yr!!~wW.•w.•~..M!F!•....~.: `!.t...!Y..w.•.y ..~ ~ .ua ~.. • •G ^~`: .! `: <s; 3. :: i` ..`o•.+ ~ ~ ,.:.5 ~ -Z.+- . a. r•.. •:,c:~:::~~s....x~::.: :~ ~ •:1 .~.. • ....r.. L.... ..~~~ :C e. ~. 2.\i ^'~ •':.(>..-~ ..!.. ~~1. r.: ..q>: .~~.. ;~~o::w .~: ..a~-:a..~..,. eq~..• •:K2.l.:~;..• .. .....f....e.w..~u....:.Lxa~, v.47 «...a~l ~ .ccaw.a ^~ ..a...•...,._.ua:atZa„ i:.v: ~::::~..:aw ....,..~.ii ~a::",.x2::............::a:::\"_2<:: ~LAv. ~ :3:::Z::`.:: S:i~..~::r`.".'i'e ~:a «`: ~ ~2:::<ia::i ~'«i?..:<:\R\:::2:w..::. DEPARTMENT: BUDGET AMENDMENT# DATE: _. Aging 96-0208,. 5-20-96 • ADJUSTMENT: ~_ DEBIT: ~ CREDIT: , .. Acring/Senior Center Title III-F Health Grant $5,160 ~ .. . Actin_ct-Senior Center " ~ ' •T.III-F Grant. Expenses $5,160 I I f . .. . a ~ `,~ I 2 ~.'x .:~ ~ " ~ w EXPLANATION ... .. . . To reduce budget to actual amount~of Title III-F Health Grant funds available for FY 95/96 to the. Department of Aging.. -"".~ " ~~ ...~ ~, ~~. COUNTY CQMM~SIONERS ~}fit` APPROVEt~ D <- 24 O . • REJECTED O~ :.~' ' REMOVER , _ Q ~' ' POSTP©N~~E~ ~~ DATE ~ .. ~ :' ~.:.... . ~ t4tlf~~.. ~„ ~~. 2 ~ ~p~~ ~ _ 4. fi^~~~p~~~ _~ ~ ~ , ~ r ~s For $udget Officer's approval; then report to Commiss{oners at next regular meeting nd enter in minulcs. ~ Tobe,approvcdbyCommissioncrs. ~~"