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Agenda 2012 05-07
New Hanover County, North Carolina ak 0 - - m arw-- 6iM May 7, 2072 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC TED DAVIS, JR., CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN JASON R. THOMPSON, COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD MAY 7, 2012 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) NON - SECTARIAN INVOCATION (Reverend Margaret Wheeler, Zion Chapel AME Zion Church) PLEDGE OF ALLEGIANCE (Commissioner Brian M. Berger) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Ratification of Application for Safe Kids Week Grant 3. Ratification of Safe Kids USA Operation Medicine Drop Grant Application 4. Ratification of Safe Kids North Carolina Wheeled Sport Safety Grant Application 5. Approval of The Good Shepherd Fund Grant Award for the Sheriffs Office to Support G.R.E.A.T. (Gang Resistance Education and Training) Safe Summer Camp 6. Approval of February and March 2012 Collection Reports 7. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEM F BUSINESS TIMES GU S O USI N SS 6:10 p.m. 8. Consideration of a Resolution to Recognize and Congratulate New Hanover High School as the 2012 North Carolina 4A State Basketball Champions 6:25 p.m. 9. Consideration of Naming of Veteran's Park Blue Baseball Field in Honor of Billy Ray Gurganious 6:40 p.m. 10. Consideration of Women of Achievement Month Proclamation 6:45 p.m. 11. Consideration of Preservation Month Proclamation 6:50 p.m. 12. Consideration of Travel and Tourism Week Proclamation 6:55 p.m. 13. Consideration of Foster Care Awareness Month Proclamation 7:05 p.m. 14. Consideration of Bicycle Awareness Month Proclamation 7:15 p.m. 15. Consideration of a Resolution Awarding a Contract to Elderhaus, Inc. for Adult Day Care & Day Health Services for NHC Senior Resource Center 7:25 p.m. 16. Ratification of a Letter of Intent to Cape Fear Memorial Foundation (CFMF) for Family Counseling Program, Personal Health Services, in the Amount of $344,000 for Three Years 7:35 p.m. 17. Consideration of an Individual Group Rate for Well Water Testing 7:40 p.m. 18. Public Hearing and Consideration of Approval to Submit a Joint Application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for 2012 Funding from the U.S. Department of Justice for Assisting State, Local, and Tribal Efforts to Prevent or Reduce Crime and Violence Board of Commissioners Meeting 05/07/2012 7:45 p.m. 19. Public Hearing Conditional Rezoning Request (Z -890M, 04/12) - Request by Bruce Bowman, Bowman Hemingway Architects, on Behalf of Cornelia Nixon Davis, Inc. to Modify an Approved Conditional Plan for Champions Assisted Living Development at 1011 Porters Neck Road (The site is classified as Transition on the 2006 CAMA Land Classification Map.) 8:30 p.m. 20. Consideration of Request to Establish the Bike /Pedestrian Paths Capital Project Fund and Accept Funding Allocations 8:40 p.m. 21. Consideration of Policy and Financial Model to Advance Water /Sewer Infrastructure in Unincorporated New Hanover County 9:00 P.M. 22. Approval to Award Bid to Toledo Carolina Inc. for Phase 1 in the Scale and Scale House Replacement Project 9:05 p.m. 23. Consideration of Hoggard Tennis Courts Repair /Replacement Project PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 9:20 p.m. 24. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9:30 p.m. 25. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 05/07/2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 CONSENT ITEM: 1 DEPARTMENT: PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on April 10, 2012 Budget Work Session Meeting held on April 10, 2012 Regular Meeting held on April 16, 2012 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approved 4 -0. Board of Commissioners Meeting 05/07/2012 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 CONSENT ITEM: 2 DEPARTMENT: Health PRESENTER(S): Joshua Swift, Deputy Health Director CONTACT(S): Joshua Swift, Deputy Health Director SUBJECT: Ratification of Application for Safe Kids Week Grant BRIEF SUMMARY: Safe Kids Week Grant Safe Kids Cape Fear will hold an educational workshop on Pedestrian, Bicycle, Fire and Water Safety for children in the community. Educational materials, including reflective safety items, will be distributed to children and parents who attend the event. The Safe Kids Week Grant funds the purchase of these workshop materials. No matching County funds are required and no new positions are requested. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify approval of application for Safe Kids Week Grant in the amount of $300. ATTACHMENTS: grant information budget summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 2 -0 Safe Kids Week 2012 Grant Application (April 21 -28) Please return completed questionnaire by April 16, 2012 Grants are provided by a generous donation of the NC Association of Independent Insurance Agents, Inc. COALITION: Safe Kids Cape Fe.-A mr YOUR NAME: Caree Varughese DATE SUBMITTED: April 12, 2012 Date(s) of SK Week Event 04/26/2012 Time(s) of Event 11 am Safe Kids Week Location Name: Martin Luther King Center Location Address: 410 S 8th St. Wilmington, NC 28401 Brief Description of Event Event to raise awareness of Pedestrian, Bicycle, Fire and Water Safety for children and their families. Safe Kids Week Grant F Our coalition DOES NOT wish to apply for the 2012 Safe Kids Week Grant F1 Our coalition wishes to apply for the 2012 Safe Kids Week Grant ($300) and understand that we: -Must hold a Safe Kids event during Safe Kids Week (April 21 -28) - Coalition must be in good standing and has submitted: - 2011 CPAT - at least one set of minutes for 2012, -2012 Action Plan -2012 Strategic Plan -Must submit this questionnaire and Tax ID form (below) before April 16th -Must submit the grant evaluation by May 4 ", 2012 Board of Commissioners Meeting 05/07/2012 2 -1 -1 Safe Kids Tax ID Form Federal Tax ID numbers must match agency name and address. Coalition Name: Safe Kids Cape Fear Coordinator: Caree Varughese Telephone #: 910 - 798 -6636 Email Address: carughese@nhcgov.com Fed. Tax ID 4566000324 Is Tax ID for Safe Kids Coalition or Lead Agency? El Safe Kids Coalition ® Lead agency Tax ID owner or New Hanover County Health Department Address: 2029S. 17 St. City State Zip Wilmington, NC 28401 Check payable to Safe Kids Cape Fear Check mailed to 2029S. 17 St. Wilmington, NC 28401 Notes: Send completed questionnaire and Tax ID form to Angie Gregg at angie.qreqqPncdoi.qov Thank you! Board of Commissioners Meeting 05/07/2012 2 -1 -2 New Hanover County Health Department Safe Kids Week Grant Safe Kids I I Year 1 1 Contract Period 4/23/12 - 04/28/1 e Operating Educational Materials $ 300 Educational Materials and incentives to promote child safety Total Operating $ 300 Total Expenses $ 300 Board of Commissioners Meeting 05/07/2012 2 -2 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 CONSENT ITEM: 3 DEPARTMENT: Health PRESENTER(S): Joshua Swift, Deputy Health Director CONTACT(S): Joshua Swift, Deputy Health Director SUBJECT: Ratification of Safe Kids USA Operation Medicine Drop Grant Application BRIEF SUMMARY: Safe Kids USA, Operation Medicine Drop (OMD) events specifically target voluntary turn -in of expired, old, or unused prescription medications from individuals in the community. The Operation Medicine Drop (OMD) $300 grant is designated for offset of expenditures incurred for OMD. Safe Kids Cape Fear participated in OMD with local law enforcement agencies during the week of March 18 — 24, 2012. Evaluation of the events was submitted as required to Safe Kids USA by March 28, 2012. No matching County funds are required and no new positions are requested. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify approval to submit Operation Medicine Drop grant application in the amount of $300. ATTACHMENTS: application form budget document COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 3 -0 Operation Medicine Drop 2012 Grant Application March 18 -24, 2012 50'" anniversary of Poison Prevention Week Safe Kids Cape Fear coalition Location of OMD event (name and complete address) March 20 - Rocky Point Pavilion, 7910 Hwy 117 South Suite 4110, Rocky Point, NC, 2:OOpm - 6:30pm; March 20 - Village Pharmacy at the Beacon 14057 Hwy 17, Hampstead, NC, 2:00pm - 6 : 3 Opm; March 24 - Medical Mall 2243 South 17 St. Wilmington, NC 28401, gam - 1pm; Kure Beach Police Department, 114 N. 7 th St. Kure Beach, 28449, l Dam - 1 pm Date(s) March 20, March 24 Times 2:OOpm - 6:30pm, 9:00am - 1:OOpm & 10:00am - 1 :pm Law enforcement agency in charge of event Pender County Sheriffs Department, Kure Beach Police Department, and New Hanover County Sheriff s Department Short description of event The event will specifically target voluntary turn -in of expired, old, or unused prescription medications from individuals in their communities. Our coalition wishes to apply for the 2012 Operation Medicine Drop grant ($300). We understand that we must participate with a law enforcement agency at an Operation Medicine Drop event during the week of March 18 -24, 2012. If the event is canceled we will forfeit the grant funds. We will submit the grant evaluation with results by March 28. Your name Caree M. Varughese Federal Tax ID numbers must match agency name and address. Coordinator: Caree M. Varughese Telephone #: 910 - 798 -6636 Email Address: carughese@nhcgov.com Fed. Tax ID 4566000324 Is Tax ID for Safe Kids Coalition or Lead Agency? Tax ID r a owner Address: El Safe Kids Coalition Safe Kids (exact name) or ® Lead agency New Hanover County Health Department 2029S. 17 St. City State Zip Wilmington, NC 28401 Check mailed to Safe Kids Cape Fear Board of Commissioners Meeting 05/07/2012 3 -1 -1 Notes Board of Commissioners Meeting 05/07/2012 3 -1 -2 New Hanover County Health Department Operation Medicine Drop Events Safe Kids Board of Commissioners Meeting 05/07/2012 3 -2 -1 Year 1 Contract Period 03/18 - 03/28 -12 Operating Educational Materials $ 300 Educational materials and incentives to promote IWTSD 2011 Total Operating $ 300 Total Expenses $ 300 Board of Commissioners Meeting 05/07/2012 3 -2 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 CONSENT ITEM: 4 DEPARTMENT: Health PRESENTER(S): Joshua Swift, Deputy Health Director CONTACT(S): Joshua Swift, Deputy Health Director SUBJECT: Ratification of Safe Kids North Carolina Wheeled Sport Safety Grant Application BRIEF SUMMARY: Wheeled Sport Safety Education Grant Safe Kids North Carolina is offering a grant opportunity for a wheeled sport safety education grant of $500 to raise awareness of the importance of wearing helmets on bikes and other wheeled equipment such as scooters, skateboards, and rollerblades. Any Safe Kids Coalition in good standing may apply for this grant. No matching funds are required. Funds will be utilized to purchase multipurpose helmets for youth to be distributed at a community fitness event. Notification has been received that the grant available is $500, although information on the attachment indicates the lesser amount of $400. No matching County funds are required and no new positions are requested. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify approval of application for Wheeled Sport Safety Education Grant in the amount of $500. A TT A V T4 IFVXTTC. grant information and application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 4 -0 MEMORANDUM TO: Safe Kids North Carolina Coalitions From: Safe Kids North Carolina Date: March 12, 2012 Re: Wheeled Sport Safety Education Grant Safe Kids North Carolina is offering a Wheeled Sport Safety Education Grant. The purpose of this grant is to assist Safe Kids coalitions in North Carolina to raise the awareness of the importance of wearing helmets on bikes and other wheeled equipment such as scooters, skateboards, rollerblades, etc. ATV helmets /materials may not be purchased with this grant. Any SKNC coalition applying for this grant must be in good standing at the time the application is submitted to be considered for the grant. Grants must be used to support a bike and wheeled sport awareness /educational event. Educational items may be purchased in addition to helmets to help promote the use of helmets in their communities. Any child receiving a helmet should be properly fitted and shown the proper use of it. Coalitions applying for this grant must agree to provide an awareness /educational event. The grant application period will be March 12 — March 30, 2012. All applications must be received by 5 : 00pM on Friday, March 30, 2012. No late applications will be accepted. Applications may be mailed, faxed, or emailed, but must be received by the deadline. Grant checks (to be used to purchase bike /multi -sport helmets and items to use for the event) will be mailed directly to all grant recipients. Maximum award of each grant will be $400.00. Each awarded coalition will be asked to submit an evaluation /activity report of the grant event along with itemized receipts of items purchased by the grant monies by June 15, 2012. Evaluation forms will be sent out at the time the grant is awarded to the coalition. Grants must be concluded by June 15, 2012 with all invoices and activity reports turned in at that time. This grant is made possible through the generosity of the NC Association of Independent Insurance Agents. If you have any questions please contact Renae Harris ( renae.harris(&,ncdoi . aov ). Board of Commissioners Meeting 05/07/2012 4 -1 -1 Safe Kids North Carolina 2012 Wheeled Sport Safety Education Grant Application Federal Tax ID numbers must match agency name and address. Coalition Name: Safe Kids Safe Kids Cape Fear Coordinator: Caree Varughese Telephone #: 910 - 798 -6636 Email Address: carughese@nhcgov.com Fed. Tax ID 4566000324 Is Tax ID for Safe Kids Coalition or Lead Agency? El Safe Kids Coalition ® Lead agency Tax ID r a own e Safe Kids (exact name or ) New Hanover County Health Department Address: 2029S. 17 St. City State Zip Wilmington, NC 28401 Check payable to Safe Kids Cape Fear Check mailed to 2029 S. 17 St Wilmington, NC 28401 Notes: Board of Commissioners Meeting 05/07/2012 4 -1 -2 Please respond to the following as part of your grant application: 1. If awarded, please describe how the grant will be used. Please provide a detailed description of the education /awareness event that your SKNC coalition conduct. Safe Kids Cape Fear will purchase TruFit Bike Helmets to give to children in need during the 2012 Youth Health & Fitness Day to be held Saturday, April 28 from loam - 2pm at Empie Park, Wilmington, NC. We would also like to offer a Bike Skills course as well and educate on proper fit of helmet and helmet fitting stations will be conducted. 2. Give a brief narrative of why your coalition needs this grant to support any wheeled sport educational activities held by your coalition. Youth Health & Fitness Day is an annual event which draws in a high volume of families. Safe Kids Cape Fear would like to not only educate on bike safey, but provide proper and safe equipment to the children in our community, without this funding we would not be able to purchase bike helmets. 3. Please give us any additional information that will support your coalition being awarded this grant. Not only will this grant provide bike helmets to many children who do not currently have a helmet or a correct fitting helmet, we are encouraging children and families to be more active on a daily basis and doing so safely. Board of Commissioners Meeting 05/07/2012 4 -1 -3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 CONSENT ITEM: 5 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S): Fonda Sykes, Grants Manager SUBJECT: Approval of The Good Shepherd Fund Grant Award for the Sheriff's Office to Support G.R.E.A.T. (Gang Resistance Education and Training) Safe Summer Camp BRIEF SUMMARY: The Sheriffs Office has been awarded a grant from The Good Shepherd Fund in the amount of $1,512.72. No County match is required. The grant will be used to purchase supplies (T- shirts) for the camp participants. The program gives children the life skills necessary to avoid involvement with drugs, gangs, and violence. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the grant from the Good Shepherd Fund and adopt the ordinance for budget amendment 12 -213. ATTACHMENTS: BA 12 -213 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 5 -0 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BLTGET BAY BUDGET AMENDMENT 12 - 213 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12-213 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office/Uniform Patrol Expenditure: Decrease Increase Sheriffs OfficefUniform Patrol: Supplies $1,5 13 Total so $1 Revenue: Decrease Increase Sheriffs Office/Uniform Patrol: Grant - Local - Good Sh herd Fund $1 Total so $1,513 Section 2; Explanation To budget a grant award of $1,513 from the Good Shepherd Fund, a local organization promoting the 0.1.E.A.T.Oang Resistance Education and Training) program. The grant funds will be used to purchase supplies for the participants in the Safe Sumner Camp. The program gives children the life skills necessary to avoid involvement with drugs, gangs and violence. No County matches fluids are required. Section 3: Documentation, of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12-213, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 5 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 CONSENT ITEM: 6 DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue CONTACT(S): Michelle Harrell, Collector of Revenue SUBJECT: Approval of February and March 2012 Collection Reports BRIEF SUMMARY: Collection reports for February and March 2012 are submitted for approval. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve as submitted. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 CONSENT ITEM: 7 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2012. 12 -201 - Youth Empowerment Services 12 -203 - Social Services 12 -218 - Health 12 -214 - Sheriffs Office 2012 -53 - Sheriffs Office 2012 -54 - Sheriffs Office STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for the budget amendments listed. ATTACHMENTS: B/A 12 -201 B/A 12 -203 B/A 12 -218 B/A 12 -214 B/A 2012 -53 B/A 2012 -54 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 05/07/2012 7 -0 COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 7 -0 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 201 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -201 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Youth Empowerment Services /Juvenile Crime Prevention Council - Vocational Education Expenditure: Decrease Increase YES /JCPC- Vocational Education: Cell Phone Allowance $210 Medical Insurance Expense $2,242 Postage Expense $0 $120 Supplies $2,333 Supplies - Fuel & Other $300 Restitution $2,304 Training & Travel $4,018 Total $0 $11 Revenue: Decrease Increase YES /JCPC- Vocational Education: Grant - Federal - JCPC $11,527 Total $0 $11 Section 2: Explanation The Community Service and Restitution Level II program received an increase in funding of $11,527 from the Juvenile Crime Prevention Council (JCPC). These funds will be used for operating expenses associated with the program. No County match is required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -201, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 7 -1 -1 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 203 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -203 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Understand / act on citizen needs Fund: General Fund Department: Social Services / Child Day Care Services Expenditure: Decrease Increase Social Services / Child Day Care: Day Care Services $1 26,377 Total 1 $0 11 $126 Revenue: Decrease Increase Social Services / Child Day Care: Office of Day Care - Federal / State $1 26,377 Total 1 $0 11 $126 Section 2: Explanation To adjust the FYI 1 -12 Adopted Budget for an additional $126,377 allocation received by DSS for title IV- E subsidized child day care. Funds will be used to pay for time limited Day Care Services for 334 IV -E eligible foster care children. Due to the nature of these funds, no children will be pulled from the waitlist to receive ongoing day care. Instead, these 334 children will receive guaranteed care through the end of May, and will remain on the waitlist for next fiscal year. If continuing funds do become available, they could be pulled from the waitlist at that time. As of 4/15/12, there were approximately 400 children on the waitl i st_ Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -203, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 7 -2 -1 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 218 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -218 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Fund Department: Health / Child Health Expenditure: Decrease Increase Health / Child Health: Travel & Training $7,060 Total 1 $0 11 $7 Revenue: Decrease Increase Health / Child Health: State Grant - Motivational Interviewing $7,060 Total 1 $0 11 $7 Section 2: Explanation To adjust the FY 11 -12 budget for a $7,060 award granted to the New Hanover County Health Department by the Children and Youth Branch of the Women's and Children's Health Section of the Division of Public Health. These funds will be used to provide specialized interviewing training to clinic staff that will improve the effectiveness of communication between care givers and patients /parents. No matching County funds are required and no new positions are being created as a result of this action. Approval of application for these funds was given at the 4/2/12 County Commissioner's meeting. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -218, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 7 -3 -1 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 214 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -214 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office /Detention Expenditure: Decrease Increase Sheriff s Office /Detention: Contract Services - Professional $25000 Total 1 $0 11 $250 Revenue: Decrease Increase Sheriff s Office /Detention: Jail Fees Federal - Sheriff $25000 Total 1 $0 11 $250 Section 2: Explanation To budget additional funds received from the U.S. Marshal's Office for housing federal inmates due to revised contract and an increase in inmate population. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -214, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 7 -4 -1 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 53 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -53 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Controlled Substance Tax Department: Sheriffs Office Expenditure: Decrease Increase Controlled Substance Tax: Supplies $14,635 Total $0 1 1 $14 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $14,635 Total $0 1 1 $14 Section 2: Explanation To budget Controlled Substance Tax receipt of 4/20/12 for $14,635. Controlled Substance Tax is budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Controlled Substance Tax fund is $25,330. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2012 -53, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 7 -5 -1 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 54 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -54 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: General Fund Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property (DOJ): Supplies $9,877 Total 1 $0 11 $9 Revenue: Decrease Increase Federal Forfeited Property (DOJ): Federal Forfeited Property $9,877 Total 1 $0 11 $9 Section 2: Explanation To budget Federal Forfeited Property (DOJ) receipt of 4/23/12. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Federal Forfeited Property fund is $44,302. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2012 -54, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 7 -6 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 8 DEPARTMENT: County Manager PRESENTER(S): Chairman Davis CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of a Resolution to Recognize and Congratulate New Hanover High School as the 2012 North Carolina 4A State Basketball Champions BRIEF SUMMARY: The coaches and members of the basketball team have been invited to be recognized for winning the 4A State Basketball Championship. STRATEGIC PLAN ALIGNMENT: Effective County Management • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution and take a group photo with the Board of Commissioners. ATTACHMENTS: NHHS Basketball Team Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 8 -0 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS TO RECOGNIZE AND CONGRATULATE NEW HANOVER HIGH SCHOOL AS THE 2012 NORTH CAROLINA 4A STATE BASKETBALL CHAMPIONS WHEREAS, on March 12, 2012, the New Hanover High School basketball team won the North Carolina 4A State Boys Basketball Championship in Reynolds Coliseum in Raleigh, North Carolina; and WHEREAS, the team defeated West Charlotte High School, the defending state champions, by a score of 67 -56; and WHEREAS, during that 2012 season, the New Hanover High School basketball team had a record of 30 wins and 1 loss, becoming the first team in the school's history to win 30 games in one season; and WHEREAS, the New Hanover High School basketball team did carry with it the pride and support of the New Hanover County citizens. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the coaches, players and parents of the New Hanover High School basketball team should be recognized and congratulated for their accomplishments, and for serving as outstanding ambassadors for New Hanover County. ADOPTED this the 7 th day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 8 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 9 DEPARTMENT: PRESENTER(S): Jim McDaniel, Parks, Gardens and Senior Resources Director CONTACT(S): Tara Duckworth, Parks Manager SUBJECT: Consideration of Naming of Veteran's Park Blue Baseball Field in Honor of Billy Ray Gurganious BRIEF SUMMARY: The Parks & Recreation Advisory Board, upon the suggestion of the Myrtle Grove Optimist Club, have requested that the blue youth baseball field at Veteran's Park be named in honor of Billy Ray Gurganious. Billy has devoted over 50 years of his life volunteering in sports organizations that benefit children. Billy dedicates 50 -60 volunteer hours weekly to better sports programs offered to the youth of New Hanover County. Billy makes a point to ensure that all children are invited to play regardless of skill or ability to pay for programs. He is a true advocate for our youth. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public /private partnerships • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval to name the Veteran's Park blue baseball field in honor of Billy Ray Gurganious. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 9 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 10 DEPARTMENT: County Manager PRESENTER(S): Amy Kilgore, Women of Achievement Chair, YWCA Lower Cape Fear CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of Women of Achievement Month Proclamation BRIEF SUMMARY: The YWCA will be honoring 43 dynamic women and young leaders at the 28th Annual Women of Achievement Awards. The annual event will be held at the Wilmington Hilton Riverside on May 10, 2012. These awards provide recognition of outstanding contributions and achievements of women and high school seniors active in Brunswick, Columbus, New Hanover and Pender counties. Women will be honored in the following categories: Arts, Business, Communications, Education, Environmental, Health and Wellness, Public Service, Volunteerism and the Rachel Freeman Unsung Hero Award. A Lifetime Achievement Award will be given to Wilma Daniels for her support of the YWCA and our community. The following representatives from YWCA Lower Cape Fear will be present to accept the proclamation: Amy Kilgore, Women of Achievement Chair YWCA Board Members and Women of Achievement Committee Members STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. A TT A V]4AJFNTC - Women of Achievement Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 10 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, women are prominent business owners and officials in our community; and WHEREAS, women hold executive positions and provide leadership to achieve success for businesses and organizations; and WHEREAS, women are primary caregivers to family members in addition to their roles in the public sector; and WHEREAS, many of these women's accomplishments have benefited our area's business, educational, service, cultural, and volunteer endeavors; and WHEREAS, women's achievements have brought positive change and collectively reward us all with an improved quality of life; and WHEREAS, in recognition of these accomplishments the 28 Annual YWCA Cape Fear Women of Achievement Awards will be held at the Wilmington Hilton Riverside on May 10, 2012. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2012 be recognized as "Women of Achievement Month" in New Hanover County. ADOPTED this the 7 th day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 10 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 11 DEPARTMENT: County Manager PRESENTER(S): Don Britt, Historic Wilmington Foundation Board Member and George Edwards, Executive Director CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of Preservation Month Proclamation BRIEF SUMMARY: The Historic Wilmington Foundation and the National Trust for Historic Preservation are cosponsoring National Preservation Month in May 2012. This year's theme is "Discover America's Hidden Gems." Don Britt and George Edwards will be present to receive the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Preservation Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 11 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PRESERVATION MONTH PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, "Discover America's Hidden Gems" is the theme for National Preservation Month 2012, cosponsored by Historic Wilmington Foundation and the National Trust for Historic Preservation. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2012 be recognized as "Preservation Month" in New Hanover County. The Board calls upon the people of New Hanover County to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED this the 7 th day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 11 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 12 DEPARTMENT: County Manager PRESENTER(S): Kim Hufham, CEO and Connie Nelson, Communications/Public Relations Director, Wilmington and Beaches CVB CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of Travel and Tourism Week Proclamation BRIEF SUMMARY: In recognition of the unique significance of the American travel industry in the lives of the citizens of New Hanover County, the Wilmington and Beaches CVB has prepared the attached proclamation to recognize May 5 -13, 2012 as Travel and Tourism Week. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Tourism Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 12 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 29" ANNUAL NATIONAL TRAVEL AND TOURISM WEEK PROCLAMATION WHEREAS, in the United States... • Travel to and within the United States provides significant economic benefits for the nation, generating millions of jobs and billions in taxes. • The travel industry is one of the country's largest employers, providing 7.5 million direct travel - generated jobs. One out of every nine American jobs is dependent on Travel and Tourism. • Travel is among the top ten industries of 48 states and the District of Columbia in terms of employment. • Travel can serve as a catalyst to help move the national economy forward. • Last year, spending by domestic and international visitors in the U.S. averaged $2.2 billion a day. • Travel contributes to the nation's economic prosperity and its image abroad, to business wealth and to individual travelers. • Meetings, events and incentive travel are core business functions that help companies to strengthen business relationships, align and educate employees and customers, and reward business performance; and WHEREAS, in North Carolina... • Travel and Tourism is among the state's fastest growing industries. • In 2010, domestic travelers spent more than $17 billion in North Carolina; and WHEREAS, in New Hanover County... • Travel and Tourism is an important economic generator that infuses millions of new dollars into our local economy each year, thereby benefiting all citizens by making New Hanover County a better place to live, work and visit. • In 2010, the economic impact of Tourism was estimated at $400.88 million, ranking New Hanover as #9 among North Carolina's 100 counties in tourism expenditures. • Travel and Tourism provides j obs. In 2010 the local travel industry provided more than 5,040 jobs and supported a payroll of $91.62 million. • Travel and Tourism generated approximately $37.31 million in state and local tax receipts, representing a $183.40 tax savings to each county resident. • Travel can serve as a catalyst to help move the local economy forward. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 5 -13, 2012 be recognized as "Travel and Tourism Week" in New Hanover County. ADOPTED this the 7 th day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 12 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 13 DEPARTMENT: DSS PRESENTER(S): LaVaughn Nesmith, DSS Director and Wanda Marino, DSS Assistant Director CONTACT(S): LaVaughn Nesmith, DSS Director and Wanda Marino, DSS Assistant Director SUBJECT: Consideration of Foster Care Awareness Month Proclamation BRIEF SUMMARY: The Board of Commissioners is requested to approve the attached proclamation to recognize foster parents in our community and Foster Care Awareness Month. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Foster Care Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/07/2012 13 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOSTER CARE AWARENESS MONTH PROCLAMATION MAY 2012 WHEREAS, in New Hanover County there are approximately 300 children of all ages in the custody of the Department of Social Services and of those children, over half reside in foster homes, group homes, hospitals and with relatives; and WHEREAS, it is the goal of this community to provide these children with safe, stable and nurturing family environments; and WHEREAS, we turn more and more to the family foster homes of New Hanover County to nurture the bodies and spirits of the children in our charge while our social workers support parents in building on their strengths to provide safe, permanent homes for their children to return to; and WHEREAS, foster parents frequently adopt their foster children, which results in a continual need for more foster families; and WHEREAS, May is singled out as Foster Care Awareness Month to be the one month we publicly recognize the tremendous contribution made by foster parents, numerous individuals and public and private organizations to the child welfare system and to the lives of the young somehow entangled in that system. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2012 be recognized as "Foster Care Awareness Month" in New Hanover County. BE IT FURTHER PROCLAIMED that the New Hanover County Board of Commissioners, in recognition of Foster Care Awareness Month, thanks all foster mothers and foster fathers for their commitment of time and talents to these precious children and encourage all citizens to celebrate the contributions of foster parents and child welfare professionals. The New Hanover County Board of Commissioners further encourages the community, businesses, faith -based organizations and families to participate in efforts to recruit and support foster families in New Hanover County. ADOPTED this the 7 th day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 13 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 14 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director CONTACT(S): Karyn Crichton, Long Range Planner SUBJECT: Consideration of Bicycle Awareness Month Proclamation BRIEF SUMMARY: The month of May is designated as Bike Month by the League of American Bicyclists. Annually, New Hanover County and the City of Wilmington have passed a resolution to raise awareness and support for cycling as a form of transportation and recreation. There are planned programs and events during the month of May and throughout the year to promote safe cycling. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention • Provide health and wellness education, programs, and services • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation declaring May as Bicycle Awareness Month. ATTACHMENTS: Bicycle Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/07/2012 14 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BICYCLE AWARENESS MONTH PROCLAMATION WHEREAS, the New Hanover County Board of Commissioners is committed to the promotion of safe and convenient bicycling for both transportation and recreation; and WHEREAS, New Hanover County is committed to promoting the safe use of bicycles on the County's roads and pathways through future routes such as the Wilmington -New Hanover Greenway Plan, Middle Sound Plan, and the Blue Clay Corridor Plan; and WHEREAS, education about bicycles, rules, safety and maintenance will encourage cyclists and motorists to operate their vehicles in a safe manner on all shared access facilities through projects such as the See, Share, and Be Aware safety campaign; and WHEREAS, the New Hanover County Board of Commissioners is committed to alleviating traffic congestion and ensuring a clean and healthy environment for its citizens; and WHEREAS, Wilmington has been designated as a "Bike Friendly City" by the League of American Bicyclists and both the City and the County are committed to: 1. Good roads: streets that can be shared by bikes and cars safely and conveniently. 2. Bicycle paths and trails: paved and unpaved routes where youth and casual riders can bicycle comfortably and safely. 3. Safety conscious bicyclists: educated and experienced riders of all ages, who share the road safely and confidently, obeying all traffic regulations. 4. Safety conscious motorists: drivers who are alert to bicyclists and share the road with them. 5. Well - planned neighborhoods: neighborhoods that are conveniently linked to promote bicycle travel between homes, schools, stores, libraries, recreational and sports facilities, churches, beaches, and workplace destinations; and traffic regulations and other controls that calm traffic in residential and other areas frequented by children on bicycles. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2012 be recognized as "Bicycle Awareness Month" in New Hanover County, and that New Hanover County is bike friendly and will continue to promote safe cycling opportunities for New Hanover County citizens throughout the year. ADOPTED this the 7 th day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 14 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 15 DEPARTMENT: PRESENTER(S): Jim McDaniel, Parks, Gardens and Senior Resources Director; Janine Powell, Development Manager CONTACT(S): Brenda Brow, Senior Resource Center Manager; Janine Powell, Development Manager SUBJECT: Consideration of a Resolution Awarding a Contract to Elderhaus, Inc. for Adult Day Care & Day Health Services for NHC Senior Resource Center BRIEF SUMMARY: Request for Proposals were solicited on March 15, 2012, for contractors to provide Adult Day Care and Day Health Services for qualified clients. New Hanover County Senior Resource Center is the lead agency in NHC and requires a turn -key program from the contractor providing the service. The contractor is responsible for performing intake, screening, assessments, reassessments, service plans and authorization of services to be provided. Federal and State Funds available for the initial contract period from July 1, 2012 to June 30, 2013 are estimated to be $107,651. Contractors are also required to provide a 10% cash match of $11,961 for a total amount of $119,612. Request for Proposals were advertised on the County's website as well as the State of North Carolina's Interactive Purchasing site. Contractors known to provide this service were also made aware of the solicitation. A mandatory pre - proposal meeting was held on March 23, 2012 at 2:00 PM in Finance Conference Room 500. Only one company, Elderhaus, Inc., attended the meeting. Proposals were due on April 12, 2012 at 1:00 PM. Elderhaus, Inc., the current provider was the only proposal received in response to the Request for Proposals. The Home and Community Care Advisory Committe and staff reviewed the proposal submitted by Elderhaus, Inc., and determined the proposal to be responsive and complete and recommend that the contract be awarded to Elderhaus, Inc., to continue providing the service. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Award of Contract to Elderhaus, Inc., for Adult Day Care and Day Health Services effective July, 1, 2012. Board of Commissioners Meeting 05/07/2012 15 -0 ATTACHMENTS: Resolution Evaluation Summary Bid Proposal COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/07/2012 15 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF ADULT DAY CARE & DAY HEALTH SERVICES CONTRACT WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Supervisor at 1:00 PM on April 12, 2012; and WHEREAS, only one (1) proposal was received in response to the solicitation to provide Adult Day Care & Day Health Services; and WHEREAS, the proposal review committee made up of members of the Home and Community Care Block Grant Advisory Committee and staff evaluated the proposal and unanimously recommend that the contract be awarded to Elderhaus, Inc., the current provider of the service. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract for Adult Day Care & Day Health Services for the County's Senior Resource Center, RFP # 12 -278 is awarded to Elderhaus, Inc., and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. Adopted this the 7 th day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 15 -1 -1 ADULT DAY CARE & ADULT DAY HEALTH BID OPENING RFP #12 -278 Present: Brenda "Ben" Brow, Manager Senior Resource Center Janine Powell, Development Manager Parks, Gardens, &SRC Kathy Rawlings, Home and Community Care Block Grant Committee Member - NHRMC Susie Sprenger, Home and Community Care Block Grant Committee Member — APS - DSS Frannie Shively, Home and Community Care Block Grant Committee Member- Community Due to illness, Janine Powell was unable to remain for full evaluation of package. She was excused. Absent: Teresa Hewett, Grants and Projects Analyst - on vacation RFPs OPENING: 1:00 PM Start Packages Presented: Two (2) packages from Elderhaus, Inc. Four (4) remained to evaluate package. Findings are as follows: (forms included) 1. Only one RFP was received. 2. Package was received on time. 3. Requested documentation was present. 4. Calculations of formulas were deemed to be correct. 5. Insurance reviewed by Risk Management (see below) 6. One incomplete sentence in Management Questionnaire regarding HCC /RN staff ratio, but was addressed in introductory paragraph on same page. 7. 95 lowest score. All reviewers recommend Elderhaus for RFP Award. Package was reviewed by Risk Management, Tiffany Allen, for acceptable insurance limits. Approved with adjustment (if awarded contract) of additional Certificate Holder to read: "New Hanover County" (omitting the Department of Social Services limitation). Board of Commissioners Meeting 05/07/2012 15 -2 -1 COUNTY OF NEW HANOVER, NORTH CAROLINA BID PROPOSAL FORM ADULT DAY CARE & DAY HEALTH SERVICES BID # 12 -278 Thursday, April 12, 2012 1:00 PM EST. Finance Conference Room 500 I certify that this bid is made without prior understanding, agreement or connection with any corporation firm, or person submitting a bid for the same services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid for the bidder. Bid Proposal Services Grant Unit Rate Units Clients Amount Provided Served *Adult Day Care $ 47 801 $ 83.3413 83 5 5 *Adult Day Care Transportation $ 938 $1.50 803 4 *Adult Day Health $ 58 178 $ 70.2830 020 0 Adult Day Health Transportation $ 030 $1.50 003 4 Total $107 051 $ 11 J, 812 *Information on this bid must match DOA 73240 Bid Proposal Form RFP # 12-278 Page l of 3 Board of Commissioners Meeting 05/07/2012 Page 57 of 76 15-3-1 CD c. 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N .., tA C Q �] �] v 0 W GAD r+r ... {,g V .-. t C> C> 0 0 0 0 W v _ t I C) @ v c7 0 C) o o w � � n o c� rn tz� P -el <� I a s oa d f Co mi si ne s e tin o o c 05 07 20 2! . 1, 15 -3 -6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 16 DEPARTMENT: Health PRESENTER(S): Carla Turner, Personal Health Services Manager CONTACT(S): Carla Turner, Personal Health Services Manager SUBJECT: Ratification of a Letter of Intent to Cape Fear Memorial Foundation (CFMF) for Family Counseling Program, Personal Health Services, in the Amount of $344,000 for Three Years BRIEF SUMMARY: The New Hanover County Health Department would like to submit a Letter of Intent to CFMF for continuation of our Family Counseling Program. If accepted, the full application for $344,000 would be due in July, 2012. This grant will allow us to continue providing family counseling to high risk families with children age birth to five, through the Care Coordination for Children Program. It will also allow us to expand our services to include parenting classes, as well as training for human service professionals and foster parents. We will continue and expand our cooperative agreement with Family Support Network (FSN) to provide additional early intervention services, for a more comprehensive program. Our Licensed Clinical Therapist currently providing family counseling also bills insurances and is able to create revenues to help support her position. Additional grant funds are needed to supplement the revenues and add the FSN Early Intervention service. The grant and revenues would support the current full -time Licensed Clinical Therapist, part -time support staff, and FSN staff time. No new County position would be created and the current grant funded positions will no longer exist if continuation of grant funding is not obtained. No County match is required to submit this letter of intent or grant application. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify approval of the Letter of Intent to Cape Fear Memorial Foundation and the subsequent application for $344,000 for the Family Counseling Program. ATTACHMENTS: Letter of Intent Budget Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 05/07/2012 16 -0 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/07/2012 16 -0 I 4 NEW HANOVER COUNTY ._ HEALTH DEPARTMENT z 2029 SOUTH 17 STREET - WILMINGTON, NC 28401 -4946 ����� NEW HANOVER COUNTY HEAL ` ]B IA S, s.f TELEPHONE (910) 798 -6500, FAX (910) 341 -4146 March 17, 2012 Ms. Anna Erwin, CPA, President Cape Fear Memorial Foundation 2508 Independence Blvd. Suite 200 Wilmington, NC 28412 Dear Ms. Erwin: Thank you for continuing to support New Hanover County Health Department programs and the children in our community. Our partnership has proven invaluable as we work hard to meet the needs of those most vulnerable in our community. With the changes in care coordination over the last 12 months (Maternity Care Coordination transitioning to Pregnancy Care Management, and Child Service Coordination transitioning to Care Coordination for Children), meeting the needs of young children in our community has proven to be particularly challenging. We are however excited to report on the success of our collaborative project with Family Support Network and our ability to partially fill the service gaps to at risk children. Frequently, a child's poor social - emotional development is secondary to the parents' mental health issues, developmental disabilities and /or substance abuse. This program has afforded us the opportunity to meet the needs of children in a unique and effective manner — one -on -one interventions, provided in the home. This is the only service of its kind available to our community. Our continuum of care enables us to address various risk factors (including medical, biological and /or environmental) on many fronts including assessment, treatment, parenting skills, education on childhood development, attachment /nurturing, behavior management, rehabilitative services, school preparedness, disability specific education, child abuse prevention and healthy parent -child interaction. Further, the response from the New Hanover County School system, private therapists and human service agencies alike has been very encouraging. Through the project we are proud to be recognized as leaders in the State in early intervention. With your support we look forward to expanding this much needed service and reach a greater number of children with special health care needs through parenting classes, training for human service professionals, foster parents and collaboration with UNCW Department of Early Education as well as the Autism Society of North Carolina. While the need is great Medicaid does not reimburse for many components of our Early Intervention Collaborative Project (EICP). We are requesting to submit a grant in the amount of $344,000, for three years, enabling us to offer continuity in this one -of -a -kind service in our area. We look forward to the opportunity to further expand on our ideas for EICP with Cape Fear Memorial Foundation. Thank you for your consideration for funding at risk children in our community. Sincerely, David Rice, MPH, MA Health Director "Healthy People, Safe Environment, Strong Community" Board of Commissioners Meeting 05/07/2012 16 -1 -1 Board of Commissioners Meeting 05/07/2012 16-2-1 Family Counseling Program Proposed Budiet 10/16/12 - 10115113 10/16/13 - 10/15/14 10/16/14 - 10/16/15 EXPENSES: Salary & Fringe $ 8209 $ 8405 $ 86,595 Operating Expenses Contract Services $ 2500 $ 2500 $ 2500 Supplies $ 1,481 $ 1,545 $ 1,555 Postage $ 50 $ 50 $ 50 Mileage Reimb $ 2,500 $ 2,500 $ 2,500 Training /Travel $ 3 00 $ 300 $ 300 Training Program $ 200 - Total Expenses $ 11400 $ 11400 $ 11600 REVENUE: Medicaid Revenue $ 14,000 $ 14,000 $ 16,000 Cape Fear Memorial Foundation Grant $ 100,000 $ 100,000 $ 100,000 Total Revenue $ 114,000 $ 114,000 $ 116,000 Board of Commissioners Meeting 05/07/2012 16-2-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 17 DEPARTMENT: Health PRESENTER(S): Dianne Harvell, Environmental Health Services Manager CONTACT(S): Dianne Harvell, Environmental Health Services Manager SUBJECT: Consideration of an Individual Group Rate for Well Water Testing BRIEF SUMMARY: Approval is requested for a new Environmental Health fee of $105 per individual well water test performed at the same time for groups of 20 or more homeowners in the same close geographic area (i.e. subdivision or neighborhood street). Currently no separate fee exists for multiple existing well water inspections, performed at the same time, for the same close geographic area. This request was initially prompted by a unique situation involving homeowners on Bald Eagle Lane. However, the intent is to create a uniform fee that can be applied in the event another similar / analogous circumstance. The current fee is $140 per individual well water test and includes the standard inorganic panel as defined by the State Public Health Lab. The $105 proposed fee represents a 25% reduction over the standard fee. The actual cost to provide each test is $96. Due to the unusual nature of the fee, this is not expected to impact revenues on an ongoing basis. If adopted, the new fees would result in a one -time reduction in revenues collected of $3,500 ($35 revenue reduction / test * potentially 100 wells). STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Provide health and wellness education, programs, and services RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the addition to the New Hanover County Health Department Fee Policy of an individual fee of $105 for Group (20 persons or more) Water Testing for existing wells. ATTACHMENTS: EHS Fee Schedule COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 05/07/2012 17 -0 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/07/2012 17 -0 NEW HANOVER COUNTY BOARD OF HEALTH Request for Board Action Agenda: Consent Meeting Date: Agenda: F BOH: 05/02/2012 BOCC: 05/07/2012 Department: Health/Environmental Health Presenter: Dianne Harvell, EHS Manager Contact: Dianne Harvell 798 -6665 Subject: Approval to add an individual fee for group well water testing - Environmental Health Services (EHS) Brief Summary: Approval is requested for a new Environmental Health fee of $105 per individual well water test performed at the same time for groups of 20 or more homeowners in the same close geographic area (i.e. subdivision or neighborhood street). Currently no separate fee exists for multiple existing well water inspections performed at the same time for the same close geographic area. The current fee is $140 per individual well water test and includes the standard inorganic panel as defined by the State Public Health Lab. The $105 proposed fee represents a 25% reduction over the standard fee. Recommended Motion and Requested Actions: Approve the addition to the New Hanover County Health Department Fee Policy of an individual fee of $105 for Group (20 persons or more) Water Testing for existing wells. Attachments: Environmental Health Services Fee Schedule NHCBOH Request for Board Action ADM001 3-2009 Board of Commissioners Meeting 05/07/2012 17 -1 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 18 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S): Fonda Sykes, Grants Management SUBJECT: Public Hearing and Consideration of Approval to Submit a Joint Application with the City of Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for 2012 Funding from the U.S. Department of Justice for Assisting State, Local, and Tribal Efforts to Prevent or Reduce Crime and Violence BRIEF SUMMARY: New Hanover County and the City of Wilmington are certified as disparate agencies; therefore 2012 JAG grant funding in the amount of $84,819 is eligible as a joint allocation, $42,409.50 each agency. Submittal of a joint application is required for disparate agencies. The New Hanover County portion of the funding would be used to assist in the purchase of helicopter blades for the helicopter used jointly by New Hanover County and the City of Wilmington. The JAG grant process requires a public hearing to be held for discussion on use of funds. A Memorandum of Understanding between New Hanover County and the City of Wilmington is required as part of the JAG grant process. There is no local match requirement. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct a public hearing on the use of the 2012 JAG grant funding. After closing the public hearing, authorize the Sheriff s Office to submit a joint 2012 JAG grant application with the City of Wilmington, and authorize County Manager to execute the required County /City Memorandum of Understanding. ATTACHMENTS: 2012 JAG MOU 2012 JAG GRANT COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. Recommend approval. Board of Commissioners Meeting 05/07/2012 18 -0 COMMISSIONERS' ACTIONS: Conducted public hearing. Approved 5 -0. Board of Commissioners Meeting 05/07/2012 18 -0 New I-lanover Count Contract # 12-0300 �-Wkvmf) 14 1490) pie "11A W LO W] WN 1 9 ETA'S 1 011 QVIIATA I i O ki WHEREAS, the United States Department of Justice has announced the availabilit of certain Edward B Memorial Assistance Grant Funds throu its Office of Justice Pro Bureau of Justice Assistance and WTIEREAS, pursuant to federal law the Attorne General of the United States and the United States Department of Justice, Bureau of Justice Statistics, has determined and certified that the Count bears more than fift percent of the prosecution or incarceration costs arisin from Part I violent eximes and WI-IEREAS, the Count and the Cit reco that it would be in the mutual best interest of all parties, as well as the fintherance of the public interest and advancement of public safet to cooperate one with the other in the Edward B Memorial Justice Assistance Grant Process, and ftu-ther to enter into an a to e share said g rant ftmds. 11-M I II �!M liki I I IMR1104 IQ iNP-1014 herein: The Count and Cit shall j oin M' the herein described g rant process, shall use their best efforts to facilitate said process to include, but not limited to, the submission of appropriate and timel fandin resolutions to their respective g overnin g boards, r cooperate one with the other. 2. The parties hereto a to share on a percenta based distribution ( 50% Cit and 50% Count of an and all funds awarded under the Edward B Memorial Justice Assistance Grant and ftLrther each part shaU determine their individual fumdin needs. The above stated percenta shall be adjusted accordin to reflect the actual cost of the e to be ac Based f individual fundin needs as determined b the parties and subject to qF approval of each part g overnin g board, each part ma contribute a proportional sh)-;., of an matchin funds if deemed appropriate. I Pa I of 3 md Board of Commissioners Meetin 05/07/2012 18-1-1 L A. 6. The Cit Mana has desi the Cit Police Department Grant Mana to submit the application on behalf of both parties and shall provide an additional documents re b the JAG pro office. 7. This a shall co -i i -i iLence on the da of 2012, and shaU remain ' effect until completion of the g rant award pursuant to the Fiscal Year 2012 Edward B ml Memori'al. Justice AssistaTce Grant. The terms and provisions enumerated here'n shall constitute the entire understandin between the parties. This Memorandum of Understandin shall not be modified or otherwise amended except in writin si b the parties. IN WrFNE EREOF, the parties have executed this Memorandum of Understandin as of the da and y ear first above written. —4, ... . . . .... . . . . . . . . . . ... ... ... . . .. .. .. .. Count Mana ATTEST: ■ a Cit Mana Flyffi" Cit Clerk Pa 2 of 3 md Board of Commissioners Meetin 05/07/2012 18-1-2 a N!.M.M. '91 This instrument has been pre-audited in the manner re b the Local Government Bud and Fiscal Control Act. Count Finance Director This instrument has been pre-audited in the manner re b the Local Government Bud and Fiscal Control Act. Cit Finance Director Cit Attorne Pa 3 of 3 md Board of Commissioners Meetin 05/07/2012 18-1-3 BJA FY 12 Edward B Memorial Jusfice Assistance Cmnt (JAG) Pro Local Sohied . . Pa 1 of 2 ■ i APPLICATION FO R 12, DATE SUB MrrrTED Applicant Identifier IFEDERAL ASSISTANCE-1 1, TYPE OF SUBMLSSION 3, DATE RECEMD BY Staft Appillicatilion Identi er STATE Application Non-Construction, 1!4. DATE RECEIVED BY FEDERAL AGENCY S,APPUCANT IN FORKATION L"al Name Oi Unit CIO of Wilmin ',Wilmington Police _�,,D"rtrnerft , Name and takiphone i n umber of the person to ■ I be contacted an mattem Involvin this application F Phelps, Malcolm (910) 343-3608 S. EMPLOYER IDENnFICATION NUMBER (EM) 7, TYPE OF APPLICANT 6000239 iMunicipal 8. TYPE OF APPLICA17ON 9, NAME OF FEDERAL AGENCY New - Bu rea u or Justice Awistance 10, CATALOG OF-FEDERAL DOMESTIC AMSTANCE 11 , DESCRIPTIVE TITLE OF I 'APPLICANT'S PROJECT NUMBER: 16.738 CFDA EDWARD BYRNE MEMORIAL JUSTICE Rotor Blades JAG 2012 TITLE: ASSISTANCE GRANT PROGRAM 12. AREAS AFFECTED BY PR(" ECT i New Hanover 13, PROPOSED PR03ECT 14, CbNGRESSIONAL Start Date: October 01, 2012 DISTRICTS OF End Date., September 30, 2015 a. Applicant b. Projed NCU 16, IS APPLICATIOrt 'SUBJECT TO REVIEW 13Y STATE EXECUTIVE ORDER 13.2372 PROCESS? !Program Is not covered b I Board of Commissioners Meetin hftp,s-&//gmts.Oip.usdoj.gov/gmsextem0applWOIWWkview.do 18-2-1 13JA FY 12 Edward B Memorial Jwfice Assistance Grant (JAG) Pro Local Solic... Pa 2 of 2 Local $0 E.O. 12372 Other $0 4 Board of Commissioners Meetin hqs://gmts.OIP.Usdoi.gov/ 4/5/2012 18-2-2 Pa I of 3 71 71 MA-145,710 110 i1rri 7 it Alf YI>U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE CHIEF FINANCIAL OFFICEV Vl� 6� a All if] V 01 =1 z I 1. LOBBYI As required b Section 13521r Tftle 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons enterin into a g rant or 000perative agreement over $100,000, as defined at 28 CFR Part 69, the :m.-pplicant certifies that'. (a) No Federal appropHated funds have been paid or %Vill be paid, b or on behalf of the undersi to an person fbr Influencin or attemptin to influence an officer or emplo of an agenc a Member of Con ar officer or emplo of Con or an emplo of a Member of Con in con nection with the makin of an Federal g rant, the enterin into of an cooperative a and the extension, continuation, renewal, !!2mendment, or modification of an Federal g rant or cooperative a (b) If an funds other than Federal appropriated funds have been paid or vVill be paid to an person fbr influencin'd or attemptin to influenoe an officer or empk� of any a a Member of Con an officer or emplo Gon or an emplo of a Member of Con In connection with this Federal g rant or cooperative I ,i the undersI shall completB andsubmit Standard Form - LLL, "Disclosure of Lobb Activities," in acwrdance wfth its instnueffons; . I (b) Have not wMin a three- period precedin this applicMion been convicted of or had a civil jud rendered a them for commission of fraud or a criminal offense in connection with obtainin attemptin to obtain, or performin a public (Federal, State, or local transaction or contract under a public transactiow viclatio of Federal or State antitrust �tatutes or commission of ern lement-,, theft, fbr briber falsification P or destruction of mcords, makin false statements, or receivin stolen propert I ( c) Are not presentl indicted for or otherwise criminall or civill char by a governmental entit (Federal, State, *r local with commission of an of the Dffenses enumerated in para (1 of this certifirabon and Board of Commissioners Meetin h -, // o gov/ erwmaYdi 1p 11 -2 - 3 CesTextAction.st?method=ceT 4/5/2012 AMUM-11 Mm (a) Notif the a in writn within 10 calendar da after receivin notice under subpara (d)(2) from an emplo or otherwise receivin actual notice of such conviction. Emplo of convicted emplo must pmvide notice, includin pcwftion dtle, to: Department of Justice, Office of Justioe Pro ATM., Control Desk ?10 7th Street, N.W , Wash in D. C. 20531 . Notice shall include the identification nu mbeqs) of each affected ,T, rant Board of Commissioners Meetin hqs.//gmts.ojp.usdoj.gov/gmexte=Ydi,gplk�M 8 - "esTextAction.st?meffi0d=cer*&s 4/5/2012 10M W#* ... 11) 1 R .olill)IR Pa 3 of 3 As the dul authorized representative of the applicant, I hereb certif that the applicant wi compl with the above ceibfir,qfiOTS. Board of Commissioners Meetin https'.//gmiwts.ojp.usdoi. I _ #qkcesTextActiorLst?method--:---cer*&s... 4/5/2012 V F L R '111WIT61 I I. 0-1,16MMA I-4WAM11157,77W fM,, a -1 , r ej-1 41jj-j[6j[&L-j �7 MI. kko](11011ki - 07 !L-A. _ - 1 1717 bi =-P M 411 9 1 Li T —11 T FZT 2-1 r.T: I I I I a' A " I " 9 A ! ll 10 1115 11 ,k91111101 E ! 1 1 i i SOO I 1:701 irk 2. It will establish safe to prohibit emplo from usin their positions fbr a purpose that mnslitutes or presents the appearance of personal or or conflict of interest, or personal r T "Zin. 3. It will g ive the awardin a or the General Accountin Office, throu an authorized rePmentative, mccess to and the ri to examine all paper or electronic rewrds related to the financ4al asaLsttz. '4; It will compl with all lawful re imposed b the awardin a spacificall includin an applicable regulations, such as 28 C.F.R. pts. 18t 22, 23, 30, 35$ 38j 42, 61, and 63, and the award term in 2 R. : L - T4 L; I qP a 0 - - 4 IVA 1011111 1A I I Ism M, MT: a. it will compl with the re of the Uniform Relocaton Assistance and R" Prope Ac Act of 1970 ( 42 U,S-C. § 4601 et se which g overn the treatment of person displaced as a result of federal and federall P ro g ram; and b. it will cDmply with re of -08 and §§ 7324-28, which I! mit certain political activities of State or local government emplo whose principal emplo is I connection vWth an activit financed in whole or In part b federal assistance. Board of Commissioners Meetin https://gTants.Oip.usdoj.gov/gmextmmal/(U 1 -2-6 esTextAction.st?method=assuxe&s-,,, 4/5/2012 R M41 ILt Aq ! rIbe applicant is the Cit of Wilmin North Carolina in partnersMp with New Hanover County as part of a disparate jurisdiction application, The title of the project is Rotor Blades JAG 2012W The g oal of the g rant is wpurchase replacement rotor blades for the police - helicopter, The aviation unit is a partneraMp of local law enforcement a gin southeastem Nodh Carol includin both the Cit of Wilmin Police Deparftnent and the New Hanover Count SherifPs Department The strate to be utzed is to conduct a need assessment for items that would ad if -Lo omational efficienc and to ac the e to increase operations, Board of Commissioners Meetin 05/07/2012 18-2-7 P';'LF Blades JAG 2012 Pro Narrative Objective: Within one y ear, purchase the rotor blades to be insWIed on the polic helicopter, Outcome: Number of Ri hours utilized with the new rotor blades from .y.viation reei*rds. Board of Commissioners Meetin 05/07/2012 18-2-8 *I Worksheet L*'Z.o',,get Detat "ose: The Bud Detail Worksh=t ma be used as a g uide to assist y ou in the preparation of the budget and bud narrative. You ma submit the bud and bud narr-ative usin this form or i the formt of y our choice (plain sheets, y our own fo or a variation of this fonn). However, all m ma n infortion (icludin ffie bud narrative) must be provided. An cate of expense not applicable to y our bud ma be deleted. t A. Personnel - List each position b title name of emplo if avw+lable. Show the amual salar rate and the percenta of time to be devoted to the pm Compensation paid fcrr emplo 6 ;a in m nt 1 !'must be consistent with that paid for sfinflar work within the applicmt i,r �-v) P.,51 In 111, FAn Benefits - Fringe benefits should be based on actual known cosU oTan established formula. Fringe benefits a= for the personnel hsted in budget cate (A) and onl for the ro-ercenta of time devoted to the pro n benefits on overdme houn are limited to FICA, Workman's Compensatim and Unemplo Compensation, M. I] i to-] KI ' •I I Totd Personnel & Frin Benefits $0.00 W'1129'61 Board of Commissioners Meetin 05/07/2012 18-2-9 C . Travel Itemize travel ex penses of proj personnel by purpose (e .g., staff t train ng� field interviews, advisory group ra ting, etc.). Show the basis of computation (e.g., sip le to 3-da * at $X airfae, $ lodg' SX subsistence). In tr miects, tavel meals fdr trainees should be listed separately. Shove the number of trainees and the unit costs involved. Identify the location of travel, ifknown. Indicate source of Travel policies applied, Applicant or Fetal Travel Regulations. Purpose of Travel Location Item Computation cost Travel entry 1. two lines per entry Twel entry 2 . Trave entry 3 Travel entry 4 Travel entry 5 revel entry Twel entry 7 TOTAL $0 .00 A Equipment - List non - expendable items that are to b e purchased. N equipment is tangible Property having a useful life of then two years d an acquisi tan tion cost of $5,000 or more per Wit. (Note: Organization's own eapiWization policy may be used for items costing less tim $5,000). Expendable it should be included either in the ; `supplies' category or in the I` er'' category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, espe- cially high cost items and those subject to rapid technical advances. Dented or leased equipment costs should be listed in the " ontrachmr# category. Explain how the equipment is ne sary for the success of the project. Attach a narrative describing the procurement method to be uwd. TOTAL $84,919.00 Board of Commissioners Meeting 05/07/2012 18-2-10 E. Supplies - Dist itns by type (65ce supplies, poste, training matials, copying paper, and expendable equipmmt items costing less that $5,000, such as hooks, hand held tape recorders) show the Basis for computation* (Tote: mizafion's own capitalization policy naay be used for items costing less than $5,000). Generally, supplies include any materials that are expendable or consumed during the course of the project. Supply Items Computation Cost I supply Ilan, 4 supply item 5 supply hem B supply iWn S supply Rem 9 TMAL 0 F. Cobstrueflon - As a. zWe,, constmetion costs are not allo ihlei In some cases, min or repairs or renovations may he allowable. Check with the program office before budgeting frm in this category. Purpose Description of Work Cost lines per entry, use I)ms bebw or an additional pa far more apse If ragvired =NEI i TOTAL $0.00 Board of Commissioners Meeting 05/07/2012 18-2-11 G . Co nsultants/Contracts - Indicate whether applicant "s formal written Procur=ent poly the Federal Acquisition regulations are followed, C onsuUant Fm; For each consultant enter the name, if known, service to be provided, hourly or daily fee (8_hOUr day), and estiiMted tiMe on the project. onSUltant fees of o per dad r e q uire addi tional � usti�ication and prior appro ern O.TP+ Name of Consultant Service viided Supply item 1. one line per wry mayirnum Qf tae lines supply item 1, one line per entry supply Item 1, one fire per entry I S upply item 1, one line per er*y Com put tIOD cost S 0.00 c pant Lvener, List all expenses to be paid from the gent to the individual ccmuitants in addition to their fees (i.e... travel meals,, lodging, etc.) Item Location c omput ation cost Consultant rjae entry 1, ons !fie p maxi of three line :l Emaximum of fne lines I CO nSUAWI expense erhy 1, or* ne I ffmftuln of three lirm Subtotal $0.00 C ontracts: provide a desenption of the product or service to be praered by comet and an estimate of the cost Applicants are rmcouraged to promote fic and open competition in awarding contmets. A separate justification must be provided for sole soume om tracts in excess of 100,000. Item Cost nwdrnum of bur lines Subtotal $ 0 - 00 MTAL 0.00 Board of Commissioners Meeting 05/07/2012 18-2-12 H. Other COSts - Dist items (e.g., rent, reproduefion, telephone, janitorial or security savices, and i estigative or confidential funds) by major type and the basis of the computation. For example, provide the square stage and the cost per square foot for rent, or provide a monthly rental cost and how many months to rent. Deser ptinn campu tioxm Celt ib ur lines per entry, use box" below or an addfflonel page fir mom space it required TOTAL x• I. Indirect Costs - Indirect costs are allowed only if the applicant has a Federally appmved ind r t cost rate. A copy of the rate approval, (a full executed, negotxa d agreement), must he attached. Tf the applicant does not have an approved Fate, one can he requested by contacting the applicant's count Federal agent which Vn'11 mview all documentation and approve a rate for the applicant organization, or if the applicant's accounting s stcm permits, costs may be allocated in the direct costs categories. Description computation Cost I ons fine per entry . lon Ifne per entry I E. TOTAL $0.00 Board of Commissioners Meeting 05/07/2012 18-2-13 BUd SUMMar When y ou have completed the bud warksheet, transfer the totals for awh cate to the spaces below. Compute the total direct costs and the total PTOject costs, Indicate the amount of Federal re and the amount of non-Federal Rib& Uiat will m v port the W. Oct. proi Bud Cate Amount A. Personnel $0.00 19. Frin Benefits $0.00 ce navel $0.00 UIP D. E ' ment $849919.00 ■ Supplies $0.00 E Construction $0-00 G. Consultants/Contmcts $0.00 H. Other $0.00 Ibtal Direct CoM $84,919.00 1, Indinct Costs $0.00 OEM* TMAL PROJECr COSTS $84P919.00 Federal Request $84o919.00 $0.00 Non-Federal Amount Board of Commissioners Meetin 05/07/2012 18-2-14 Rotor Blades JAG 2012 JAG Review Narrative A cop of the Justice Assistance Grant was fo to each member of both the Wilmin Cit Council and the New Hanover Count Board of Commissioners on Frida April 13", 2012. 1 An opportunit for public comment was provided to czms andnei or communit or to the extent applicable b law b both the Cit of Wilmhi Police Depadment the New Hanover Count Sherffrs Department The Wilmin Police Department received public comment on the JAG application between th 1:00 PM �nd 4:00 PM on- Tuesda April[ 24 2012. Police Lieutenant Ben Kenned and g rant.- mana Malcohn Phelps were available to receive public comment. The notice of hearin was MAW posted consistent with Cit pohc An Opporkmity fbr public comment was provided to cz= and nei or communit or durin the Ma 7th, 2012 Count Commissioners meetin The notice of he rl*]DIZ %00 was publicized wilh the a Board of Commissioners Meetin 05/07/2012 18-2-15 %;� 0 Set Rotor Blades (x3$84,919 $84,919 For Police Helicopter Board of Commissioners Meetin 05/07/2012 18-2-16 The Cit Police Department welcomes public comment on the proposed Edward B Justice Assinmce Gmt at the above stated time and place. Penelope Spicer-Sidburr Cit Clerk Cit of Wilmin n, North Carolina Board of Commissioners Meetin 05/07/2012 18-2-17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 19 DEPARTMENT: PRESENTER(S): Sam Burgess, Senior Planner; and Chris O'Keefe, Planning & Inspections Director; (Planning Board Rep: Richard Collier) CONTACT(S): Sam Burgess, Senior Planner; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Conditional Rezoning Request (Z -890M, 04/12) - Request by Bruce Bowman, Bowman Hemingway Architects, on Behalf of Cornelia Nixon Davis, Inc. to Modify an Approved Conditional Plan for Champions Assisted Living Development at 1011 Porters Neck Road (The site is classified as Transition on the 2006 CAMA Land Classification Map.) BRIEF SUMMARY: At their April 12, 2012 meeting, the Planning Board voted 5 -0 to recommend approval of the rezoning request and the associated conditional rezoning permit with no additional conditions. No one from the public spoke in opposition to the proposed conditional plan modification. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval. ACTION #1 NEEDED Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from R -20 Residential district to CD (O &I) Conditional Office and Institutional as described is: 1. Consistent with the purpose and intent of Policy 17.2.4 of the 2006 CAMA Land Use Plan, which references modifying zoning regulations where appropriate to encourage housing populations with special needs such as elderly and disabled. Further, the Porters Neck Plan, adopted June 1989 and updated November 2010, recommends that the rural character and low density of the Porters Neck Board of Commissioners Meeting 05/07/2012 19 -0 area be preserved ; and 2. Reasonable and in the public interest to rezone 7.56 acres from R -20 Residential to CD (O &I) Conditional Office and Institutional in this location in order to continue and expand an existing use while preserving the character of the area and providing an enhanced quality of life for its residents. ACTION # 2 NEEDED (Choose One) Use the Script/Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use on the grounds that the findings of fact violate one or more of the four criteria. ATTACHMENTS: Z -890M Script Z -890M Staff Summary -CC Z -890M Petition Summary Z -890M Adjacent Property Owners Map Z -890M Zoning Map Z -890M Site Plan Z -890M Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 19 -0 ITEM# 19 SCRIPT FOR CONDITIONAL REZONING Z -890M 04/12 Request by Bruce Bowman, Bowman Hemingway Architects, on behalf of Cornelia Nixon Davis, Inc. to modify an approved conditional plan for Champions Assisted Living Development at 1011 Porters Neck Road. The site is classified as Transition on the 2006 CAMA Land Classification Map. Swear in witnesses 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff Presentation b. Applicant's presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner discussion 5. If the Rezoning is denied there is a 12 month waiting period before you may resubmit. Do you wish to proceed or do you wish to continue the matter? 6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions. 7. Vote on rezoning. (First Noes) The motion to rezone should include a statement saying how the change is or is not consistent with the land use plan and why it is reasonable and in the public interest. Examples of motions are on the agenda item cover sheet. 8. Vote on the companion special use permit. (Second Vote) Motion to grant the permit - All findings are positive. Motion to grant the permit, subject to conditions specified below: (State Conditions) In Motion to deny because, if completed as proposed, the development more probably than not: 13 a. Will endanger the public health or safety for the following reasons: b. Does not meet all required conditions and specifications, in particular: 13 c. Will injure the value of adjoining or abutting property in the following way: d. Will not be in harmony with the area in which it is located for the following reasons: Board of Commissioners Meeting 05/07/2012 19 -1 -1 CASE: Z -890M, (04/12) PETITIONER: Bruce Bowman, Bowman Hemingway Architects, on behalf of Cornelia Nixon Davis, Inc. REQUEST: R -20, Low- Density Residential ACREAGE: 3 Tracts for a combined acreage of 7.56 Acres LOCATION: 1011 Porters Neck Road LAND CLASS: Transition PLANNING BOARD ACTION The Planning Board voted 5 -0 at their April 12, 2012 meeting to recommend approval of the rezoning request. They also voted 5 -0 to approve the conditional rezoning permit with no additional conditions. STAFF SUMMARY HISTORY The Davis Community skilled nursing facility was established in 1966, prior to the development of the county's zoning ordinance, and contained eighty -seven (87) beds. By 1968, the campus added two additional wings, and thirty -two (32) beds. The health care use has continued to expand in size and evolve to include resident amenities and services. In December 1972, a special use permit was approved, permitting a forty room nursing home, with the ability to accommodate eighty (80) beds. A second special use permit was approved in June 1977, adding a greenhouse to the property. In July 1992, the health care facility was rezoned CD (0&1) Conditional Office and Institutional. The conditional use permit included a geriatric clinic and physician services. In May 1998, a third special use permit was obtained in order to add a sixty - three unit assisted living facility. The approved assisted living facility was modified in July 2002, adding five more units, for a total of sixty -eight units. In November 2008, the Davis Community rezoned an additional 2.64 acres to CD (0&1) Conditional Office and Institutional to expand the existing nursing home and personal care use, for a total of one hundred ninety -nine (199) licensed skilled nursing beds and one hundred forty -eight (148) assisted living beds. The current request is to modify the 2008 CD (0&1) Conditional Office and Institutional district to add 7.65 acres. The additional acreage will be utilized to renovate the forty -five year old, one story facility to meet modern standards without increasing the 199 skilled nursing bed count of the current facility. Renovations include transitioning existing semi - private rooms to private rooms with accessible bathroom expansions and decentralized facility services. The renovations are proposed to be completed in five phases. Phase one includes the new construction of two one story, stand -alone households, located between the existing Health Care Center and Champions Assisted Living, the installation of a new access drive on Porters Neck Road to allow deliveries to the Champions Assisted Living directly, and the relocation of an existing power easement and chain link fence. Phase one households will have a maximum bed count of twenty -four (24) each and the entire phase has an estimated completion of ten months. Phases II through V consist of household additions to one or two of the existing one story skilled nursing facilities, including resident wings containing living, dining, and activity spaces. Phase II includes the Light Keepers Cottage and the Timberline Cottage and is estimated to be completed in eight months. Phase III includes the Artisan Cottage and Breakers Cottage and is estimated to be completed within eight months. Phase IV includes the Ability Cottage and Club Cottage and is Board of Commissioners Meeting 05/07/2012 19-2-1 anticipated to be completed within eight months. Phase V includes the Ability Cottage and is estimated to be completed within eight months. All renovations are expected to be completed within three years and six months and will contain a total of ten households with 17 -24 residents per household, each featuring full ADA bath renovations and exterior upgrades, including a sloped roof conversion. Rehabilitation and administrative pavilions are excluded from renovations. CHARACTER OF THE AREA Current Zoning The subject property is currently zoned R -20, low- density residential. The R -20 Residential District is established as a district in which the principal use of land is for low density residential and recreational purposes. The regulations of this district are intended to discourage any use which because of its character would substantially interfere with development of residences and which would be detrimental to the quiet residential nature of the areas included within this district. Proposed Zoning A conditional use district is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the objectives of the zoning ordinance but none of the general zoning district classifications would allow that use. The procedure is intended primarily for use with transitions between zoning districts with very dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefitting all affected parties and the community -at- large. Further, the purpose of the Office and Institutional District is to provide areas where institutional uses, professional uses and other uses compatible to uses of an office and institutional nature shall be encouraged to locate and to provide protection for this type of land use from encroachment by other less desirable uses. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and /or major arterials as designated on the County's Thoroughfare Classification Plan. The majority of the Davis Community property is currently operating under CD (0&1) zoning and is utilized as a nursing, personal care, and professional office campus. Nursing, personal care, and professional offices are permitted in the current R -20 low density residential district with a special use permit. Including the additional 7.65 acres into the existing Conditional Office and Institutional District will unify the entire Davis Community development under one action, consolidating the rezoning and special use permit. TRAFFIC: The route of access is Porters Neck Road (urban principal arterial) to Market Street. The ADT on Porters Neck Road, South of Market Street have increased from 12,776 (2010) to 12,834 (2011). The volume to capacity ratio has been reduced with the installation of the roundabout on Porters Neck Road and is 0.82; providing a Level of Service of E, meaning the roadway is operating at design capacity and traffic is experiencing delays at intersections. A traffic impact worksheet was provided by the applicant. In summary there was no additional peak hour trips associated with the proposed addition; therefore, a Traffic Impact Analysis is not required. Board of Commissioners Meeting 05/07/2012 19 -2 -2 COMMUNITY SERVICES: Water /Sewer CFPUA is currently providing water and sewer on a 4" meter. Fire Protection The property will be served by New Hanover County Fire Services. Schools: School districts are determined by the New Hanover County Board of Education periodically. If the request is granted, the use will not be residential, so no impact on schools is anticipated. LAND CLASS The subject property is located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. ENVIRONMENTAL CONSIDERATIONS The subject property is located within two watershed drainage areas, Futch Creek, classified as Sa; HQW 303 (d), and Bald Eagle, classified as C; Sw. The State Division of Water Quality (DWQ) has determined that the subject property is not within a half mile of shellfish active waters and that retention or detentions ponds may be and are proposed to be used to treat the stormwater. 404 wetlands have been surveyed and are not impacted by the proposed development. The soil maps indicate a variety of soils, including: Kennansville Fine Sand, containing a 0 -3% slope; Baymeade Fine Sand, containing a 1 -6% slope; Kureb Sand, containing a 1 -8% slope; and Stallings Fine Sand. Kennansville Fine Sand and Kureb Sand are Class I soils and are deemed to be suitable with slight limitations. Baymeade Fine Sand and Stallings Fine Sand are Class II soils and are known to have moderate limitations and require moderate modification and maintenance. PLANS and POLICIES: Policy 17.2.4, of the 2006 CAMA Land Use Plan specifically encourages modifying zoning regulations where appropriate to encourage housing populations with special needs such as elderly and disabled. Further, the Porters Neck Plan, adopted June 1989 and updated November 2010, recommends that the rural character and low density of the Porters Neck area be preserved. STAFF POSITION: The continuation and expansion of existing uses on the campus preserve the character of the area while providing an enhanced quality of life for its residents. The request for modifying the conditional use permit to include additional acreage and campus renovations is consistent with the 2006 CAMA Land Use Plan, Porters Neck Community Plan, and the stated intents of both the Conditional Use and Office and Institutional zoning districts. Staff recommends approval. ACTION #1: Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing Board of Commissioners Meeting 05/07/2012 19 -2 -3 whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from R -20 Residential district to CD (0&1) Conditional Office and Institutional as described is: 1. Consistent with the purpose and intent of Policy 17.2.4 of the 2006 CAMA Land Use Plan, which references modifying zoning regulations where appropriate to encourage housing populations with special needs such as elderly and disabled. Further, the Porters Neck Plan, adopted June 1989 and updated November 2010, recommends that the rural character and low density of the Porters Neck area be preserved ; and 2. Reasonable and in the public interest to rezone 7.56 acres from R -20 Residential to CD (0&1) Conditional Office and Institutional in this location in order to continue and expand an existing use while preserving the character of the area and providing an enhanced quality of life for its residents. BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: PRELIMINARY FINDINGS OF FACT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The subject property is located in the New Hanover County Fire Service District. B. Water and sewer are currently provided by CFPUA by a 4" meter. C. The site is not located within the 100 year floodplain. D. Porters Neck Road is designated as an urban principle arterial roadway in the WMPO Roadway Functional Classification plan. E. The ADT along Porters Neck Road has slightly increased from 12,776 (2010) to 12,834 (2011). The volume to capacity ratio is 0.82, providing a Level of Service of E, meaning the roadway is operating at design capacity and traffic is experiencing delays at intersections. F. The State DWQ has determined that the subject property is not within a half mile of shellfish active waters and that retention or detentions ponds may be and are proposed to be used to treat the stormwater. 404 wetlands have been surveyed and are not impacted by the proposed development. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. Board of Commissioners Meeting 05/07/2012 19 -2 -4 A. The Davis Community currently operates under an existing special use permit and Conditional Office and Institutional District. The current permit authorizes 199 skilled nursing beds and 148 assisted living beds. This proposal will extinguish prior site plans and establish a new permit under a more current and consolidated vision for the community. This proposal does not change the number of skilled nursing or assisted living beds. Rehabilitation and administrative pavilions are excluded from renovations. B. The proposal adds 7.56 acres to the current campus, exceeding the minimum acreage requirements of Section 72 -9(1) of the zoning ordinance. The proposed new construction satisfies the structural setback requirements outlined in Section 72 -9(2). C. The applicant is proposing 453 parking spaces total for the full project, 68 more spaces then currently provided and compliant with Section 81 -1 of the zoning ordinance. D. Landscaping and buffering requirements shall be in accordance with Section 69.4 -1(9). E. A Traffic Impact worksheet was provided by the applicant. In summary there are no additional peak hour trips associated with the proposed addition; therefore, a Traffic Impact Analysis is not required. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The proposed use is a continuation and expansion of existing uses on the campus. No evidence has been submitted that this project will decrease property values of residents who live nearby. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Joint CAMA Plan Update shows the land classification as Transition. B. The proposed addition and renovations will be completed in five (5) phases. Phase one includes the new construction of two one story, stand -alone households, located between the existing Health Care Center and Champions Assisted Living, the installation of a new access drive on Porters Neck Road to allow deliveries to the Champions Assisted Living directly, and the relocation of an existing power easement and chain link fence. Phase one households will have a maximum bed count of twenty -four (24) each and the entire phase has Board of Commissioners Meeting 05/07/2012 19 -2 -5 an estimated completion of ten months. Phases II through V consist of household additions to one or two of the existing one story skilled nursing facilities, including resident wings containing living, dining, and activity spaces. In Policy 17.2.4, the 2006 CAMA Land Use Plan specifically encourages modifying zoning regulations where appropriate to encourage housing populations with special needs such as elderly and disabled. Further, the Porters Neck Plan, adopted June 1989 and updated November 2010, recommends that the rural character and low density of the Porters Neck area be preserved. The continuation and expansion of existing uses on the campus preserve the character of the area while providing an enhanced quality of life for its residents. Staff feels the findings are positive. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. ACTION # 2 NEEDED: Use the Script /Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use on the grounds that the findings of fact violate one or more of the four criteria. Board of Commissioners Meeting 05/07/2012 19 -2 -6 Case Z -890M (4/12) Modify an approved conditional plan for Champions Assisted Living Development Petition Summary Data 1011 Porters Neck Road Owner /Petitioner: Bruce Bowman, Bowman Hemingway Architects, on behalf of Cornelia Nixon Davis, Inc. Existing Land Use: CD (0&1) and R -20 Davis Nursing Home Zoning History: Area 5 (July 6, 1971) Land Classification: Transition Water Type CFPUA Sewer Type: CFPUA Recreation Area John F. Blair Elementary School Access & Traffic Volume: The route of access is Porters Neck Road (urban principal arterial) to Market Street. The ADT on Porters Neck Road, South of Market Street have increased from 12,776 (2010) to 12,834 (2011). The LOS for the Market Street /Porters neck Road intersection is F. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Futch Creek [Sa; HQW 303 (d)] and Bald Eagle [C; Sw] Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation /Historic /Archaeological Resources: No conservation, historic or archaeological resources. Soils: Kennansville Fine Sand (0 -3% slopes); Baymeade Fine Sand (1 -6% slopes); Kureb Sand (1 -8% slopes); and Stallings Fine Sand Septic Suitability: Kennansville Fine Sand and Kureb Sand are Class I soils and are deemed to be suitable with slight limitations. Baymeade Fine Sand and Stallings Fine Sand are Class II soils and are known to have moderate limitations and require moderate modification and maintenance. Schools: John F. 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Cl) t 4 8. < ¢ F 2 d w �. d IL 230 Government Center Drive Suite I 10 Wilmin NC 28403 910-798-7165 phone 910-798-7053 fax www.nhc Petitioner Information Property Chvner(s) if 'd W-erent than Owner Name Cornelia Nixon Davii Owner Name 2 Charles Lon F.'T, ro Subject Propert Address Inc. 11011 Porters Neck Road Parcel ID Portion of R03700-001-005-000 ]Portion of R03700-002-001-000 I Area Existing Zonin and Use (O&I Use:bTursin Convales'l R-20 Use:Nursin Convalesc Proposed Zonin and Use CD C O&I ) Nursin Home ( area of work)/ASsisted Livin d ClassificatiOT I W V V Uri I I ALL OF SECTION 59.7 OF THE COUNTY ZONING ORDINANCE PIUOR TO SUBMMING YOUR APPLICATION! I =11141 01 Petitions for conditional chan of zonin are first referred to the New Hanover Count Plannin Board and then acte upon b the New Hanover Count Board of Commissioners, i Complete P etitions and all supplementar information must be accepted b Plannin & Zonin twent ( 20 ) workin da before the Plannin Board meetin to allow ade time for processin and advertisement as re b the North Carolina General Statutes. Pa I of 4 4/10 Board of Commissioners Meetin 05/07/2012 19-7-1 Zonin Area "All P Bein a parcel of land located M' Harnett Townshi , New Hanover Count North Carolina arri,; ip bein arl describe as follows-, Board of Commissioners Meetin 05/07/2012 19-7-2 ZOW"n Area 46B'99 lein a parcel of land located mw Harnett Township, New Hanover Count North Carolina and bein more particularl describe as follows: Board of Commissioners Meetin 05/07/2012 19-7-3 Zonin Area "C" If " lein a parcel of land located in Harnett Township, New Hanover Count North Carolina w4 bein more particularl describe as follows: Board of Commissioners Meetin 05/07/2012 19-7-4 111! #1 111 r. This a a shall continue in effect until written notice of revocation b th 0 owner Is delivered to New Hanover Count This the 27thda of J anuar y , 2012. A Name, Address & Telephont Bruce Bowman Bowman Murra Hemin Architects 514 Market Street Wilmin NC 28401 (910) 762-2621 Board of Commissioners Meetin 05/07/2012 19-7-5 - u 16" " � ", L 't ' hronr 910.762.2621 fin-'r 910.762.850fj,, ',% R C H T k C V 4 www.bmharch.com The Davis Communit Household Conversion Projec 10 11 Porters Neck Road Wilmin NC 28411 I Proposed service drive to Champions Assisted Livin from Porters Neck Drive This tract was recentl ac b Cornelia Nixon Davis, Inc. It is desired to be rezoned to 0&1 CD as it relates to and is con with the overall 0&1 Conditional tract. Tract #3 Proposed Expansion to Existin Retention Pond This tract was also recentl ac b Cornelia Nixon Davis, Inc. It is desired to be rezoned to 0&1 CD as it relates to and is con with the overall 0&1 Conditional tract. SPECIAL USE PERMIT APPLICATION Board of Commissioners Meeting Narrative of Proposed Use 05/07/2012 19-7-6 910.762.2621 A �;a 910.762.8506 A R C H i T E C 7 5 www.bmharch.com i SPECIAL USE PERMIT ADJACENT PROPERTY OWNERS AND USES (Mrst Tlier and Selected Second Tlier) R03706-002-017-000 Continuing Care Retirement Communit Continuin Care Retirement Communit Continuing Care Retirement Communit Za""haritable Trust Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential SPECIAL USE PERMIT APPLICATION Board of Commissioners Meetin Adjacent Propert Owners and Uses 05/07/2012 19-7-7 SPECIAL USE PERMIT APPLICATION Board of Commissioners Meeting Adjacent P r opert y 05/07/2012 19 -7 -8 RAI M,'I' r { +� t SPECIAL USE PERMIT APPLICATION Board of Commissioners Meeting Adjacent P r opert y 05/07/2012 19 -7 -8 Traffic Impact Workshee) Prior to submission o nonresidential site plan, this worksheet must bepr A Traffi c Imp a ct A n a l will b e re u ired r a 11 proje cts g en eradn 1 0 p ea k h o u r trips or more. The scope of the TIA shall be determined b concurrence o the Plannin Director, the MPO coordinator and NCDOT traffic en An miti measures * d must be included in thefinal site plan submitted.for review. re PROJECT NAMEThe Davis Communit Household Conversion PROJECT ADDRESS 1011 Porters Neck Roal [I-O'EVELOPERJOVVNERCornelia Ni.-,:on Davis, Inc GROSS FLOOR AREA 131,072 NEAREST INTERSECTIONPorters, Neck Rd. & Sharaz 4,ve- Avera Dail Traffic (Date) unchan LEVEL OF SERVICE (LOS unchan ITE MANUAL TRAFFIC GENERATION ESTIMATE: *rM Manual available at Plannin Departinent 0 USE AND VARIABLES. unchan A 'Example: Rac Club 8 courts; Saturda peaks) AM PEAK HOUR TRIPS unchanged PM PEAK HOUR TRIPSunchan (Traffi c g eneration of 1 0 p eak h o u r trips will re q u ire Traffic Imp a ct A n a l Sc op in meetin with Plannin Department) Bruce Bowman, AIA V jSi a*tureN Peak Hour estimate confinned b Plannin & Zonin on (Date) L1100 Board of Commissioners Meetin 05/07/2012 19-7-9 11 Summar of Trip Generation Calculation For 199 Beds of Nursin Home March 05, 2012 kvera Standard Adjustment Drivewa Rate Deviation Factor Volu-a.e -Av Weekda 2-Wa Volume 2.37 1.57 1.00 47,F-A 7-9 AM Peak Hour Enter 0.00 0.00 1.00 0 f% Mon ^ 0% A 11 A A Board of Commissioners Meetin 05/07/2012 19-7-10 Summar of Trip Generation Calculation For 199 Beds of Nursin Home March 05, 2012 Avera Standard Ad ustment Drivewa Rate Deviation Factor Volume Av Weekda 2-Wa Volume 2,37 1.57 1100 472 7-9 AM Peak Hour Enter 0.00 0100 1100 0 7-9 AM Peak Hour Exit 0.00 0100 1.00 0 7-9 AM Peak Hour Total 0.17 0.00 1100 34 4-6 PM Peak Hour Enter 0,07 0.00 1100 14 4-6 PM Peak Hour Exit 0.15 0100 11,00 30 4-6 PM Peak Hour Total 0,22 0.47 1100 44 Saturda 2-Wa Volume 2.11 1.48 11,00 420 Saturda Peak Hour Enter 0.00 0.00 1100 0 Saturda Peak Hour Exit 0100 0100 1100 0 Saturda Peak Hour Total 0,40 0,64 1100 80 Notes. A zero indicates no data available, -, Source Institute of Transportation En Trip Generation, 7th Edition, 2003, TRIP GENERATION BY MICROTRANS Board of Commissioners Meetin 05/07/2012 19-7-11 Plannin Board meetin are held at 5:30PNI in the Commissioner's Assembl Room in the Old Count Courthouse, at Third and Princess Streets, Wilmin North Carolina, on the first Thursda of each month. If the Plannin Board approves y our petition, the re will automaticall be referred to the Board of Count Commissioners. If y our petition is denied, y ou ma appeal to the Board of Commissioners, Plannin & Zonin can advise y ou re appeal procedures. tm� ZIA f) M AM Conditional Use District Zonin is established to address situations where a particular land use would be consistent with the New Hanover Count Land Use Plan and the Zonin Ordinance objective but for which none of the g eneral zonin classifications which would allow that use are acceptable. You must explain in the space below how y our re satisfies each of the followin re (attach additional sheets if necessar 1. How would the re chan be consistent with the Count Policies for Growth and Development .9 The CAMA land classification map places this propert in the transition land classification. State DWQ has determined that this site is not within 1/2 mile of shellfish active waters and that retention or detention ponds ma be and will be used to treat storm water. 404 wetlands have been surve and are not impacted b the foroposed development. The propert is not located in the 100 y ear flood plain. 3. What si nei chan have occurred to make the ori zonin inappropriate, or how is the Ian,-;,, involved unsuitable for the uses permitted under the existin zonin The creation of a residential zone at an existin institutional use and site creates a hardship to the facilit unless permitted to be maintained and updated throu zonin modifications such as with conditional zones. 1,'r. List proposed conditions and restrictions that would miti the impacts of the proposed use(s)- Board of Commissioners Meetin 05/07/2012 19-7-12 MAW Special Use Permit Authorit to g rant a Special Use Permit is contained in the Zonin Ordinance, pursuant to section 7 1. The Zonin Ordinance imposes the followin General Re on the use re b the applicant. Under each re the applicant shoull- explain, with reference to attached plans, where applicable, how the proposed use satisfies these re (Attach additional if necessar [-oa I General Re #1 The Board must find "'that the use will not materiall endan the public health or safet if located where proposed and developed accordin to the plan as submitted and approved." General Re #2 The Board must find "that the use meets all re conditions and specifications"' of the Zonin Ordinance". 1. Nursin personal care and professional offices are permitted in the conditional zone O&ICD 2% Nursin and personal care uses are permitted in zone R-20 b Special Use Permit. 3. All re setbacks and standards can be met. General Re #3 The Board must find "that the use will not substantiall injure the value of adjoinin or abutt' public ®` in propert or that the use is a ® 1 The proposed development should improve neighborhood access to services and be an enhancement to nei properties. 2. The ori development of this site as a skilled nursin facilit be in 1967, prior to the development of a count ordinance and has maintained continued operation since. Nerl all of the developed a surroundin properties were constructed after the development of this site. 3. convenient licensed skilled nursin beds serve a public health necessit for this communit zlderl population. 4. The proposed construction provides a more up tcr date and residential appearance that should have a positive impact on nei residential prop&rtibs. 2. The pro is in conformit with New Hanover Count plan for development b servin the surroundin areas with convenient access' to the skilled nursin facilit This site is also buffered b substantial tracts of undeveloped land, Board of Commissioners Meetin 05/07/2012 19-7-13 Check each Iftem to confirm thatlis included. The application will not be deemed complete without all items bein addressed. anan and access provision for parkin areas. 1: All existin and proposed easements, reservations, re setbacks, ri -of-wa bufferin and si District, or other limitations on land which ma be re b State law or Local Ordinance. An other information that will facilitate review of the proposed chan (Ref. Article VII, as applicable), is Bruce Bowman, AIA - BME Board of Commissioners Meetin 05/07/2012 19-7-14 61i"-i1,111 I rt pi , tone 910.762.2621 kcr 910.762,850 u"ww.bmharch.com The Davis Communit Health Care Center Zonin District Modification Communit Information Meetin Report Meetin Date.- March 3:30pm Location: Davis Health Care Center, Activit Room Attendin Bruce Bowman Bowman Murra Hemin Architects David Ball Bowman Murra Hemin Architects Pai Brooks Bowman Murra Hemin Architects (No propert owners were in attendance Invitation Distributed To.- First tier surroundin properties within 100 feet of the site and selected second -tier properties. The meetin was also open to the public. Means of notice: An announcement was sent b U.S. mail one week prior to the meetin No one attended the meetin outside of Bowman Murra Hemin Architects, PC. Our office was p 'ded the 'Sunshine List' of email addresses from the New Hanover Count Plannin & Inspections rovi epartment and distributed the appropriate information via emalfl. �Attachments: Announcement List of Invitees PowerPoint Presentation Email to 'Sunshine' List CONDITIONAL USE APPLICATION Communit Meetin Report Board of Commissioners Meetin 05/07/2012 19-7-15 s phom 910.762.2621 far 910.762.8506 DATE: Februar 28,2012 RE: Cornelia Nixon Davis, Inc. Conditional Zonin Modifleation Re Notice of Communit Infonnation Meetin ANNOUNCEMENT The meetin will be held on Thursda M=h 8, 2012, at 3;30pm in the! AcSf Room at The Davis Communit located at W I I 10ters Neck Road, Wilmin North Carolina, 28411. The proposed zionin changes modif the existin development commissioned in 1967, which predated the Count zonin efforts. The surroundin development has been held inn trust b the Champion McDowell Davis Charitable Foundation also prior to the zonin efforts. Nursin and personal care is allowed b special use pemit in R-20 and is permitted in 0&1 CD ( R-20 ) . The existin ph offices Board of Commissioners Meeting 05/07/2012 19-7-16 and pharmaceutical dispensatoz are pennitted in 0&1 CD (R-20). The existin Champions Assisted Livin Development was permitted under R-20 zonin This use is a permitted use in both the R-20 and 0&1 CD zones. This tract is seekin zonin to 0&1 CD for purposes of consolidatin this conditional Two small parcels adjoinin the main tract are bein conve to Comelia Nixon Davis, Inc. for use in the proposed new development: one to expand the existin stonn water pond and one to add a service drive from Porters Neck Road. A parcel map is attached for reference. The applicant maintains that this expansion complies with the Count land use plan and will be con with the uses on the suffoundin parcels. The lan respondin to the Count polic re fbetors considered in conditional zonin matters will be available for review at the communit meetin alon with visual aids depictin the new development. A formal public notice will be conducted throu the New Hanover Count Plannin staff prior to the public hearin at the Plannin Commission. Bowman Muffa Hemin Architect,, PC Bruce Bowman, AIA Charles Lon — CEO, The Davis Communit Board of Commissioners Meeting 05/07/2012 19-7-17 1��Mffll 112, M, 1Z M11,11 WE 1 11 ME " M,#Tr Use Continuin Care Retirement Communit Continuin Care Retirement Communit Continuin Care Retirement Community II C.haritable Trust Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential Residential CONDITIONAL USE APPLICATION Communit Meetin Report Board of Commissioners Meetin 05/07/2012 19-7-18 R02900-003-388-000 MICHAEL FULLENWILDER Residential R03706-002-009-000 ROBERT AND ELIZABETH RONNE Residential R03706-002-008-000 JOHN AND MARIA SAWYER Residential R03706-002-018-000 MICHAEL AND MARGARET CAHILL Residential R03710-001-005-000 KENNETH MACRAE Residential R0371 0-001 -001 -000 JAMES GREEN Residential R03710-001-002-000 JAMES GREEN Residential R02900-003-460-000 MARTIN AND ANN MICHAELSON Residential R02900-003-386-000 VINEYARD PLANTATION HOA INC Residential R03700-003-009-000 FOREST CREEK VENTURES INC Residential R03700-003-095-000 FOREST CREEK VENTURES INC Residential R03700-003-098-000 FOREST CREEK VENTURES INC Residential R03700-003-099-000 FOREST CREEK VENTURES INC Residential R03700-003-1 00-000 FOREST CREEK VENTURES INC Residential R03700-003-1 01 -000 FOREST CREEK VENTURES INC Residential R03700-003-102-000 FOREST CREEK VENTURES INC Residential R03700-003-103-000 FOREST CREEK VENTURES INC Residential R03700-003-104-000 FOREST CREEK VENTURES INC Residential CONDITIONAL USE APPLICATION Board of Commissioners Meeting Communit Meetin Report 05/07/2012 19-7-19 Board of Commissioners Meeting 05/07/2012 19 -7 -20 Board of Commissioners Meeting 05/07/2012 19 -7 -21 a) u t CN CD �® CN •�— a) r, co N 4. 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A formal public notice will be conducted throu the New Hanover Count Plannin staff prior to the public hearin at the Plannin Commission Questions or comments ma be directed to- Bruce Bowman, AIA j.he%Q.avjsC-....p ( M�B Board of Commissioners Meetin 05/07/2012 19-7-36 l i a � cc 1 0 0- a r�ry �v _ �tk� p4 A PI `�q.. #^ Faso t r�l Y s a 'f �Y � I rt 4 s s, I` s„ Sri {e �J Board of Commissioners Meeting 05/07/2012 19 -7 -37 Board of Commissioners Meeting 05/07/2012 19 -7 -38 c E LO 0 CN 0 cq cN cq 0 D .0 0 0 < r%j -c c'. CN cq E 0 u �:o 0 0 c: E 10 0 a) a) E a 0 0 u a IS E < 00 Ewa 0 0 Im 0 C 0 C cr 0 Im 0 6"M 0 In dc u 0 c own E E c c: 2 offlow ) r. 0 LL, a 0 U c 0 U us 0 0 v 4) 1*4 me= in 0 0 LM mom CL dam MEMO CL Board of Commissioners Meeting 05/07/2012 19 -7 -38 a) -I-- 4 - 0 0 0 �c CL 0 3 Board of Commissioners Meeting 05/07/2012 19 -7 -39 0 0- 00 -�? O W dWWW E 0 u U ad 06 m i womms Z Zs C) c 0 -0 0 i -@-- 4— tl CD Board of Commissioners Meeting 05/07/2012 19 -7 -39 -4-- c 0 E a 0 viaftm 0 D Q. E 0 u 4- 0 2� 0 Board of Commissioners Meetin 05/07/2012 19-7-40 u 00 0 2 4 - in c u 0) > U O n ul c 0 CD a ID G� 0 c 0 0 _0 CL 70 0 a u 85 Od 0 U u 0) N� 0 u CD I) 00 0 0 a tn 0 u 0 > 2 cn i= 0 2! 0 7 a) a -c (L 649* 6u 24 0 CL c 0 CL 2 0 < CL U c - r 0 4 E U 0 0 tJ c E E 0 -0 CD ca cm D cq ca oo .— 0 D-Z 0 0 Go ui cn uj ca 0. 000 0 04 0 '0 u 0. 02 ce W I Board of Commissioners Meetin 05/07/2012 19-7-40 R Od a Od a ce 'a 0 fiw-ft� G 0 C14 iT Ix 7p CL 2 c 0- M CON o u 0 -00 0.- 00 3 0 0 0 �/Jo. U .80) CD 0 Z 10 (D D z Aq Ip IS Board of Commissioners Meetin 05/07/2012 19-7-41 Board of Commissioners Meeting 05/07/2012 19 -7 -42 c a CL 4) 4 - too) 0 a 2 0. .,0 u - | / L) n o 2: o LU \ \ | / � � U r c ui pf- 0 a) 0 0 U u -CPA c a CL 4) 4 - too) 0 a 2 0. W c: 0 � - | / > \ �( \ \ | / � � > pf- 0 a) 0 Z 0 in 0 U. aeo in z 0 c O 05 < ul -mmoks } / \ �{ W c: 0 -0 > < 0 05 > pf- 0 a) 0 Z 0 in 0 U. aeo in z 0 c O 05 < ul -mmoks Board of Commissioners Meetin 05/07/2012 19-7-43 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 20 DEPARTMENT: Planning PRESENTER(S): Shawn Ralston, Long Range Planning Manager CONTACT(S): Shawn Ralston, Long Range Planning Manager and Chris O'Keefe, Planning & Inspections Director SUBJECT: Consideration of Request to Establish the Bike/Pedestrian Paths Capital Project Fund and Accept Funding Allocations BRIEF SUMMARY: New Hanover County has partnered with the Wilmington Urban Area Metropolitan Planning Organization (WMPO) and City of Wilmington to create a Comprehensive Greenway Plan for the City of Wilmington and unincorporated areas of New Hanover County. Once complete, the plan will provide the framework to connect existing and future linear corridors with walking/bicycling trails, blueways, and conservation zones. To facilitate the implementation of this plan, staff is requesting the creation of a Capital Project Fund in order to house current and future funding opportunities. Currently, a multifaceted opportunity is available to create a priority bicycle and pedestrian segment in the Covil Farm /Middle Sound area through three funding mechanisms (map included). Once constructed, the segment will connect a large population of residents to bicycle and pedestrian routes in the unincorporated area of the County - linking residents from Bayshore to Middle Sound to Covil Farm with a series of on and off -road bicycle and pedestrian routes. The segment will also link with the Military Cutoff Extension of the Cross City Trail, which will be the first connection to the trail outside of the City of Wilmington's jurisdiction. To complete this priority segment, staff is requesting approval to accept funding from the following two sources at this time and request that these funds be placed in the Bike/Pedestrian Path Capital Project Fund: 1. Small Construction State Funds of $160,000 which requires a County match of $40,000. The match will come from the 2006 Parks Bond. 2. Safe Routes to School Grant of $100,000 to connect to Ogden Elementary School. No County match is required, however the County will provide maintenance for the off -road path. To ensure completion of the Covil Farm /Middle Sound segment, the County has also been authorized an allocation through the Federal Highway Administration's Transportation Community System Preservation (TCSP) program, to be brought forward for acceptance at a later date. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners Meeting 05/07/2012 20 -0 accept allocation from the NCDOT Small Construction Fund; and adopt the ordinance for budget amendment 2012 -55. ATTACHMENTS: Middle Sound Bicycle Map Safe Routes to School Agreement Small Construction Fund Agreement Capital Project Ordinance Budget Amendment 2012 -55 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 20 -0 NORTH CAROLINA LOCALLY ADMINISTERED PROJECT - FEDERAL NORTH CAROLINA DEPARTMENT OF TRANSPORTATION 1111 1,'" M1,1T M 143VINT131 "'MMIM"t '; #:. ' "�. F, F, c s, ,{�. ,�+ 4r, v_. :,�,, +,r, i 'r, t' 1 <. North Carolina Department of Transportation, an a of the State of North Carolina, hereinafter I referred to as the "Department" and the New Hanover Count hereinafter referred to as the "County WHEREAS, the Count has re federal fundin for construction of an &�,street bic an*' pedestrian facilit to serve O Elementar School, hereinafter referred to as the Project, and IF WHEREAS, the Department has a to administer the disbursement of said funds on behalf of FHWA to the Count for the Project in accordance with the Project scope of work and in accordanc1; �ll'���ill��ill���ilililill���ilillil 111 1 11 1 Ii , I I r WHEREAS, the g ovemin g board of the Count has a to participate in certain costs and to assume certain responsibilities in the manner and to the extent as hereinafter set out; and, A I D # 2986 1 Board of Commissioners Meetin 05/07/2012 20-2-1 1 11111111 l I I iiiii I I Pill! 1 1111111 i r � I 111, 1 `3 ! 111111 1 1 1 1 Statutes of North Carolina (NCGS) Section 136-66.1 , Section 136-71.6, Section 160A-296 and 297, Section 136-18, Section 136-41.3 and Section 20-169, to participate in the plannin construction and/or implementation of the Project approved b the Board of Transportation. Wil n"I'"I""10,113IM711111111 MOM, kw Ilk" I t I � 1i I Up IIIIIIIIII111111111 Ill 11 liilrlli�l 1 11111 1 �FHTIIIIIM J �l I I Fff" AAAM �"'i N 111 � ;' " " , , lll 1 1 211,1111", J i "O" M", mmn= Om A ID # 2986 2 Board of Commissioners Meetin 05/07/2012 20-2-2 A mdminister g overnmental pro actives, includin those dealin with cost, time, adherence to contract re construction q ualit y and scope of Federal-aid rlltmlml� iiij, Make or participate in decisions about chan conditions or scope chan that re chan orders or supplemental a a Visit and review the pro in accordance with the project scope and scale; III Ill F Illir 1 1111111 li I IT! NWMH='! Direct project staff, a or consultant, to carr out project administration an4 contract oversi includin proper documentation; and Be aware of the q ualifications, assi and on-the- performance of the a and consultant staff at all sta of the pro T i r ' . _ IN 51'', M�M` lM111'�U111AAA1'1_T 21 Failure on the part of the Count to compl with an of the provisions of this A will be g rounds for the Department to terminate participation in the costs of the Pro and, if applicable, Illilli "M 'rhe Pro consists of construction of an 8'off- road multi-use pathwa from SR 1916 (Red Cedar Road) connectin to sidewalk at O Elementar School. _!lill Mireement I D 4� 2986 %J Board of Commissioners Meetin 05/07/2012 20-2-3 The Department's fundin participation in the Project shall be restricted to the followin eli items: I II!! r 1111111�ll T i , fir; Wr1I;,I �1111 IWOM Fund Source Federal Funds Reimbursement Non-Federal Non-Federal Amount Rate Match $ Match Rate Safe Routes to $100,000 100% $0 0 % School Total Estimated Cost $100,000 MIWAAMAI� The Count shali compiete the Project b Januar 30, 201�. -,Gornpietion tor this A is - defined as completion of all construction activities, acceptance of the project, and submission of a [1111 I'M HMIWIIIIIITII� M11111 W1111 ��� The Department and/or FHWA reserves the ri to revoke the funds awarded if the Count is �t r-Ae to-.-eet T,,t ilestote *,-t des4t-,F Oe, hereit,�,. A ID # 2986 411'� Board of Commissioners Meetin 05/07/2012 20-2-4 7 If Preliminar En is an eli expense, then upon receipt of an executed a the Department will authorize Preliminar En funds and shall nobf r- /; , once funds have been authorized and can be expended. The Count shall not initiate an work, nor solicit for an professional services prior to receipt of written authorization from the Department to proceed. An work performed, or contracts executed, prior to receipt of wHtten r"Olm"'I" MT r [71 74,J The Count shall compl with the policies and procedures of this provision if Prelimina En and/or Construction Contract Administration is an eli expense. The Count shall ensure that a q ualified firm is obtained throu an e selection process, and that prescribed work is properl accomplished in a timel manner and at a Wei' I q 1111 17, 1 M T" 7 gr MOO! IIIM 1 11 ff 11 Tq E If the proposed contract exceeds $30,000, a pre-ne audit must be re 111 1 1 11 ir VQ A I D 9 2986 Board of Commissioners Meetin 05/07/2012 20-2-5 1111111111 IN, a " lit VZU� ii Ta"Il ! ER2111 ". n"! 1 f ;Iii Iff The Count LA 111"A � "R1 � 111 W , I � In", I "IMIT M 1,1111H, U."Wror'Irm MO, -F IMI M VdIGJWAWI.�', + If the Professional and En Services re for this project will be undertaken b the Count and the Count re reimbursement, then the Count must submit a re and supportin documentation to the Department for review and approval, prior to an work bein W �00 The Count shall be responsible for prepar and filin with all proper a the appropriate plannin documents, includin notices and applications re to appl fur those permits necessar for the construction of the desired improvements. Copies of P i Will IMMI North Carolina Sedimentation Pollution Control Act of 1973p NGGS 113- , Article 4, incorporated in this A b reference at y��w.rs. ___a &��Wt szon and obtainin those permits re Mu J= g n 't7on, I A ID # 2986 6 Board of Commissioners Meetin 05/07/2012 20-2-6 the Count and its contractors and a shall be solel responsible for compliance w ith the proons of said Act and the plan adopted in compliance therewith. i F;JEV*U "1 1112111 RTZ ,7 F The Count at no liabilit whatsoever to the Department, shall be responsible for providin and/or I ac an re ROW and/or easements for the Pro A ID # 2986 Board of Commissioners Meetin 05/07/2012 20-2-7 If the costs of ROW ac are an eli expense, the Count shall submit the appraisal to the Department's Ri of Wa Branch for review and approval in accordance with Departmental 10 =x 17 li PON "t N IN M an other municipal corporation, or State or Federal a renderin such serVices upon approval b the Department and Federal Hi Administration. A ID # 2986 8 Board of Commissioners Meetin 05/07/2012 20-2-8 74� if 'f he Count shall submit the re environmental and/or plannin document, ROW 11111;111111�110 P FIVI: =11,1Z I 2"1 1 1 , 1 11 1 1 1 , , t 5, Mir 1, 'f I � " is, IIIIIIIIIIII11pi III III q 7-V AIA T -- J "111" FAR F410"I" "IN, ItairADIM �m A ID # 2986 Board of Commissioners Meetin 05/07/2012 20-2-9 the contents of the contract, If the Count falls to compl with these re the Department will Wthhold EXTU11111"', 1110mNa 1 17, A ID*. 2986 Board of Commissioners Meetin 05/07/2012 20-2-10 lriil III North Carolina General Statutes g overnin g the use of �-'orce Account, Chapter 14i„ ,��" (Public Contracts) can be found at .11— ... . ......... . lllpi��Illl 11 11 1 IRS F R' A INIT ;1 1 ITEM j,""AW MOMTO it t li M11AW"I'Mcw ill PON r 11 1 " A ID # 2986 11 Board of Commissioners Meetin 05/07/2012 20-2-11 iqq �x CONTRACTOR COMPLIANCE The Count will be responsible for ensurin that the contractor complies with all of the terms of N the contract and an instructions issued b the Department or FHWA as a result of an review or -i;6:11-1171; �' 541" CHANGE ORDERS If an chan in the Project plans are necessar the Department must approve such chan prior to the work bein performed. SHOP DRAWINGS Shop Drawin shall be submitted in accordance with the approved plans and specifications and M111111" V31i: 16-CLOSE-OUT Upon completion of the Project, the Count shall be responsible for the followin A ID # 2986 1-7110 Board of Commissioners Meetin 05/07/2012 20-2-12 4111 The Count will provide a certification to the Department that all work performed-for this Project is in accordance With all applicable standards, g uidelines, and re M]"I'll MINO The C;ount at no expense or liabilit to the Department, shall assume ail maintenance responsibilities for constructon of an off-street bic and pedestrian facilit to serve O Elementar School, or as re b an executed encroachment a IL 5 � g reement 4 ;� 2686 13 Board of Commissioners Meetin 05/07/2012 20-2-13 S I 41 An costs incurred b the Count prior to written notification b the Department t* proceed with the work shall not be eli for reimbursement. �Z '11�111t'11141`11141 It At no time shall the Department reimburse the Count costs that exceed the total federal fundin 7 " 1 , 'i mw ,,,I rte , ='' 'I A costs or an costs that have been deemed unallowable b the Federal Hi Administration and/or the Department's Financial Mana Division. I T114:1-A All work performed b the Department on this Project, includin but not limited to, reviews, inspections, and Project oversi shall reduce the maximum award amount of $100,000 available to the Count under this A If the cost of work done b the tepartment exceeds the fundin award, the Department will bill the Count for the UJU, `,Pgr, IMI-T v Ta ''I Tqn,11"Of O= ,F,Ik ID # 2986 % Board of Commissioners Meetin 05/07/2012 20-2-14 o costs for reimbursement of Ri of Wa Ac include: realt appraisals, surve closin costs, and the approved appraised fair market value of the propert at the reimbursement rate as shown in the FUNDING TABLE. Alon with each invoice, the Count is responsible for submittin the FFATA Subrecipient Information Form, which is available at VL 11A.1-hZ! =11111'11Z�', "W"T 1 1 71111M W 3111] I 'he Count ma invoice the Department monthl for work accomplished, but no less than once ever six (6) months to keep the Pro funds active and available. If the Count is A ID # 2986 15 Board of Commissioners Meetin 05/07/2012 20-2-15 unable to invoice the Department, then the must provide an explanation. Failure to submit invoices or explanation ma result in de-obli of funds. All invoices associated vAth the Project must be s within six (6) months of the - completion of construction and acceptance of the Project to be eli for reimbursemeni b the Department. An invoices submitted after this time will not be eli for r e- i7i t, The Count is responsible for submittin q uarterl y Project evaluation reports, in accordance with the Department's g uidelines and procedures, that detail the pro achieved to date for the Project. MON M- It will be the responsibilit of the Count to follow the current and/or most recent edition of references, websites, specifications, standards, g uidelines, recommendations, re and/or g eneral statutes, as stated in this A A ID # 2986 16 Board of Commissioners Meetin 05/07/2012 20-2-16 Q i"111"t iW A 4w 'r " W Part 21). Tifle V1 prohibits discrimination on the basis of race, color, national ori disabilit g ender, and a in all pro or activities of an recipient of Federal assistance. OTHER AGREEMENTS obli incurred for the Pro except those specificall eli for Safe Routes to School funds and obli as approved b the Department under the terms of this A AVAILABILITY OF FUNDS 1111pi FROM Iry I I rym A T '- 11 1, W"ff A ID ■ 2986 17 Board o f Commissioners Meetin 05/07/2012 20-2-17 11111111 pol, 'Vo ` W ' t` t, ( , 1r, -:% r1l TP1 i }, t ((A ('` ?:. F, 11111101 ZZ ME Department and associated Wth the Pro AUDITS In accordance with OMB Circular A-1 33, "Audits of States, Local Governments and Non-Profit if r _VO , ®[ � -5 r - 0'. 1 " /oibkl. X. 1 133/a.11 .�,.htrnl) dated June 27, 2003 and Or -0. ----------- the Federal Sin Audit Act Amendments of 1996, the Count shall arran for an annual independent financial and compliance audit of its fiscal operations. The Count shall furnish the Department with a cop of the annual independent audit report within thirt (30) da of completion of the report, but not later than nine (9) months after the Count fiscal y ear ends. REIMBURSEMENT BY COUNTY For all monies due the Department as referenced in this A reimbursement shall be made b the Count to the Department Wthin sixt (60) da of receivin an invoice. A late pa penalt and interest shall be char on an unpaid balance due in accordance With NCGS 147-86.23. V `V7-'W7,Z1 IM L "WIM A ID # 2986 1 it Board of Commissioners Meetin 05/07/2012 20-2-18 All terms and condifions of this A are dependent u, and subject to, the pon allocation of funds for the purpose set forth in the A and the A shall automaticall terminate if funds cease to be available. I� Board of Commissioners Meetin 05/07/2012 20-2-19 IN WITNESS WHEREOF, this A has been executed, in duplicate, the da and y ear heretofore set on the pait of the Department and the Count b authorit dul g iven. Ut" k'11110�16 i AM= ,Pipproved bvt7 si of (Date) This A has been pre-audited in the manner- re b the Local Government Bud and Fiscal Control Act. A I D # 2986 a'I of the New Hanover Count as attested to b the Clerk of the on Board of Commissioners Meetin 05/07/2012 20-2-20 The Executive Summar is a summation of this a and is not intended to be used as the a between the Department (North Carolina Department of Transportation) End the Part (Entit Entit New Hanover Count Count New Hanovea "I Project: Construction of an off-street bic and pedestrian facilit to serve O Elementar sc �ool. Scope: The Project consists of construction of an 8'off-road multi-use pathwa from SR 1916 (Red Cedar Road) connectin to sidewalk at O Elementar School. E li I e Ac tivitle s Moll" Fund Source Federal Funds I Reimbursement Non-Federal Non-Federal Amount Rate Match $ Match Rate Safe Routes to $1001000 100% $0 0% School Total Estimated Cost $1003000 171 MIWIrfl;1 1 _ 3 LUI gat Board of Commissioners Meetin 05/07/2012 20-2-21 NORTH CAROLINA LOCALLY ADMINISTERED PROJECT — STATE SMALL CONSTRUCTION AGREEMENT NEW HANOVER COUNTY NORTH CAROLINA DEPARTMENT OF TRANSPORTATION "TAL DATE: 1/19/2012 WBS Element: 42523 NEW HANOVER COUNTY THIS AGREEMENT is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the "Department" and New Hanover County, hereinafter referred to as the "County ". WITNESS ET H: WHEREAS, the parties have agreed to make certain improvements within the County under WBS Element 42523 in New Hanover County, in accordance with the plans and specifications approved by the Department; and, WHEREAS, this Agreement is made under the authority granted to the Department by the North Carolina General Assembly including, but not limited to, the following applicable legislation: General Statutes of North Carolina (NCGS) Section 136 -66.1, Section 136 -66.3, Section 136 -18 (24) and (27), Section 20- 169, Section 160A -296 and Section 297, to participate in the planning and construction of the Project approved by the Board of Transportation for the safe and efficient utilization of transportation systems for the public good; and, WHEREAS, the Department and the County have agreed that the jurisdictional limits of the Parties, as of the date of the awarding of the contract for the construction of the above - mentioned Project, are to be used in determining the duties, responsibilities, rights and legal obligations of the parties hereto for the purposes of this Agreement; and, WHEREAS, the parties to this Agreement have approved the construction of said Project with cost participation and responsibilities for the Project as hereinafter set out. NOW, THEREFORE, the parties hereto, each in consideration of the promises and undertakings of the other as herein provided, do hereby covenant and agree, each with the other, as follows: Agreement I D # 2955 Board of Commissioners Meeting 05/07/2012 20 -3 -1 1. The Project consists of widening SR 1940 (Covil Farm Road) from SR 1409 (Military Cutoff Road) to SR 1941; to accommodate bike lanes in New Hanover County (hereinafter the "Project"). PROCUREMENT OF SPECIALIZED SERVICES 2. If the County causes the professional engineering services required by this Agreement to be performed by contracting with a private engineering firm and seeks reimbursement for said services under this agreement, it is agreed as follows: A. The County shall ensure that an engineering firm is obtained through an equitable selection process and that prescribed work is properly accomplished in a timely manner, at a just and reasonable cost. B. The County, when procuring architectural, professional and engineering services, must adhere to North Carolina Department of Transportation Policies and Procedures for Major Professional or Specialized Services Contracts. This policy conforms to N.C.G.S. 143 -64, Parts 31 and 32. C. The County shall submit all professional services contract proposals to the Department for review and approval prior to execution of the professional services contract by the County. In the event that the professional services contract proposal (engineering) exceeds $30,000, a pre- negotiation audit must be requested from the Department's External Audit Branch. A pre- negotiation audit of a contract under $30,000 will be performed by the Department's External Audit Branch if the County requests it. D. Reimbursement for construction administration costs cannot exceed fifteen percent (15 %) of the actual construction contract cost. This applies to private engineering firms and /or work performed by the County. If the County elects to procure a private consulting firm to conduct Project administration, the County shall be responsible for submitting the consulting firm's proposal to the Division Engineer for review and approval. The County, and /or its agent, shall perform Project administration in accordance with all Departmental policies and procedures. E. All work shall be prepared and submitted using computer software and applications approved by the Department and compatible with departmental equipment and programs. F. Small Professional and Engineering Services Requirements: Any contract entered into with another party to perform work associated with the requirements of this agreement shall contain appropriate provisions regarding the utilization of Small Professional Services Firms (SPSF). Agreement I D # 2955 2 Board of Commissioners Meeting 05/07/2012 20 -3 -2 This policy conforms with the SPSF Guidelines as approved by the NC Board of Transportation. These provisions are incorporated into this Agreement by reference www.ncdot.or_. /q doh /preconstruct /ps /contracts /sp /2006sp /municipal.htmI ■ The County shall not advertise nor enter into a contract for services performed as part of this Agreement, unless the Department provides written approval of the advertisement or the contents of the contract. ■ If the County fails to comply with these requirements, the Department will withhold funding until these requirements are met. PLANNING AND DESIGN 3. The County, and /or its consultant, shall prepare the environmental and /or planning document and obtain any environmental permits needed for the Project. All work shall be done in accordance with departmental standards, specifications, policies and procedures. 4. The County shall design and prepare the plans and specifications for the Project, in accordance with the Department's standard practices, regulations and guidelines for transportation improvements. The Department shall review and approve Project plans and specifications. 5. The County, without any cost or liability whatsoever to the Department, shall relocate and adjust all utilities in conflict with the Project. All utility work shall be performed in a manner satisfactory to and in conformance with rules and regulations of the Department prior to the County beginning construction of the Project. The County shall make all necessary adjustments to house or lot connections or services lying within the right of way or construction limits of the Project, whichever is greater, regardless of ownership of the connections or services. Any encroachment agreement and /or permits required for the Project must be obtained from the Division Office. All work shall be performed in accordance with the Department's approved Utility Relocation Policy and standard procedures for utility improvements. RIGHT OF WAY 6. The County shall be responsible for acquiring any needed right of way and /or permanent easements required for said Project. If the Project is not to be constructed within the existing right of way, the County will be responsible for any additional right of way or easements. Acquisition of right of way Agreement I D # 2955 3 Board of Commissioners Meeting 05/07/2012 20 -3 -3 shall be accomplished in accordance with applicable policies, guidelines, statutes and the North Carolina Department of Transportation Right of Way Manual. The County shall remove from said right of way all obstructions and encroachments of any kind or character (including hazardous and contaminated materials). The County shall indemnify and save harmless the Department from any and all claims for damages that might arise on account of said right of way acquisition, and construction easements for the construction of said Project. CONSTRUCTION AND MAINTENANCE 7. The Department shall construct, or cause to be constructed, the Project in accordance with the plans and specifications of said Project as filed with, and approved by, the Department. The Department shall enter into and shall administer the construction contract for said Project. 8. Upon completion of the Project, only those improvements within the state owned right of way shall be considered on the State Highway System and owned and maintained by the Department. FUNDING 9. The estimated total cost of the project is $200,000. The Department shall participate in the amount of $160,000 (80 %) of Small Construction State Funds. The County shall participate in the amount of $40,000 (20 %). The County shall submit a check for $40,000 to the Department's Division Engineer upon execution of this Agreement by the County. Any costs which exceed the total estimated cost of $200,000 shall be borne by the County. Upon completion of the project, if actual costs exceed the amount of the total cost, the County shall reimburse the Department within sixty (60) days of invoicing by the Department. The Department shall charge a late payment penalty and interest on any unpaid balance due in accordance with G.S. 147 - 86.23. TRAFFIC 10. All traffic operating controls and devices shall be established, enforced, and installed in accordance with the North Carolina General Statutes, the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, the latest edition of the "Policy on Street and Driveway Access to North Carolina Highways ", and maintained and controlled by the Department upon completion of the Project.. Agreement I D # 2955 4 Board of Commissioners Meeting 05/07/2012 20 -3 -4 ADDITIONAL PROVISIONS 11. The County shall comply with Title VI of the Civil Rights Act of 1064 (Title 49 CFR, Subtitle A, Part 21). Title VI prohibits discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance. 12. This Agreement is solely for the benefit of the identified parties to the Agreement and is not intended to give any rights, claims, or benefits to third parties or to the public at large. 13. It is the policy of the Department not to enter into any agreement with parties that have been debarred by any government agency. By execution of this Agreement, the County certifies, that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by a governmental department or agency. 14. The County shall certify to the Department compliance with all applicable State laws and regulations and ordinances and shall indemnify the Department against any fines, assessments or other penalties resulting from noncompliance by the County or any entity performing work under contract with the County. 15. The County is solely responsible for all agreements, contracts, and work orders entered into or issued by the County for this Project. The Department is not responsible, for any expenses or obligations incurred for the Project except those specifically eligible in the terms of this Agreement. However, at no time shall the Department reimburse the County costs which exceed the total funding for this Project. 16. The County will indemnify and hold harmless the Department and the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and assigns from and against any and all claims for damage and /or liability in connection with the Project activities performed pursuant to this Agreement including construction of the Project. The Department shall not be responsible for any damages claims, which may be initiated by third parties. 17. The Department must approve any assignment or transfer of the responsibilities of the County set forth in this Agreement to other parties or entities. 18. If the County decides to terminate the Project without the concurrence of the Department, the County shall reimburse the Department one hundred percent (100 %) of all costs expended by the Department and associated with the Project. Any notification of termination of this Project shall be in writing to the other party. Reimbursement to the Department shall be made in one lump sum payment within sixty (60) Agreement I D # 2955 5 Board of Commissioners Meeting 05/07/2012 20 -3 -5 days of billing. A late payment penalty and interest shall be charged on any unpaid balance due in accordance with G.S. 147 -86.23 and G.S. 105 - 241.21. 19. In compliance with state policy, the County, and /or its agent, including all contractors, subcontractors, or sub - recipients shall have a Conflict of Interest Policy and adhere to the Department's Women Business Enterprise (WBE) and Minority Business Enterprise (MBE) policy which requires goals to be set and participation to be reported, as more fully described in the Subcontractor Guidelines section of this Agreement. 20. All terms and conditions of this Agreement are dependent upon, and subject to, the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically terminate if funds cease to be available. 21. By Executive Order 24, issued by Governor Perdue, and N.C. G.S.§ 133 -32, it is unlawful for any vendor or contractor ( i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). IT IS UNDERSTOOD AND AGREED that the approval of the Project by the Department is subject to the conditions of this Agreement and that no expenditure of funds on the part of the Department will be made until the terms of this Agreement have been complied with on the part of the County. Agreement I D # 2955 6 Board of Commissioners Meeting 05/07/2012 20 -3 -6 IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the New Hanover County by authority duly given. L.S. ATTEST: BY: TITLE: NEW HANOVER COUNTY BY: TITLE: DATE: "N.C.G.S. § 133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization." This Agreement has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. (SEAL) (FINANCE OFFICER) Federal Tax Identification Number Remittance Address: New Hanover County DEPARTMENT OF TRANSPORTATION BY: (STATE HIGHWAY ADMINISTRATOR) DATE: PRESENTED TO THE BOARD OF TRANSPORTATION ITEM O: Agreement I D # 2955 7 Board of Commissioners Meeting 05/07/2012 20 -3 -7 CAPITAL PROJECT ORDINANCE NEW HANOVER COUNTY BIKE /PEDESTRIAN PATHS CAPITAL PROJECT BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the planning and construction of Bike /Pedestrian Paths Capital Project, which capital project involves the construction and /or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute Section 159 -13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of grants to be received by the County. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute Section 159 -13.2. 2. The project undertaken pursuant to this ordinance is the Bike /Pedestrian Paths Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Grant Revenue $260,000 Transfer in from 2006 Park Bonds 40 Total 300 000 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $300,000 Total $300 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this 7th day of May, 2012. Sheila L. Schult Ted Davis, Jr., Chairman Clerk to the Board of Commissioners Board of County Commissioners Board of Commissioners Meeting 05/07/2012 20-4-1 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 55 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -55 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Enhance / add recreational, cultural and enrichment amenities Innovate programs to protect the environment Fund: Bike/Pedestrian Paths Department: Planning and Zoning Expenditure: Decrease Increase Capital Project Expense $300,000 Total $0 $300,000 Revenue: Decrease Increase Small Construction State Funds Grant $160,000 Safe Routes to School Grant $100,000 Transfer in from Park Bond Fund $40,000 Total $0 $300,000 Fund: Park Bond Department: Parks, Gardens and SRC Expenditure: Decrease Increase Transfer to Capital Project Fund $40,000 Capital Project Expense $40,000 Total $40,000 $40,000 Section 2: Explanation Budget Amendment to establish the Bike/Pedestrian Path Capital Project Fund and accept grant funding. The Small Construction State Funds Grant award of $160,000 requires a County match of $40,000. The match will come from the Park Bond Fund. The Safe Routes to School Grant award of $100,000 requries no County match, however the County will provide maintenance to the bike and pedestrian paths constructed. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2012 -55, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 20 -5 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 21 DEPARTMENT: PRESENTER(S): Chris O'Keefe, Planning and Inspections Director CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Consideration of Policy and Financial Model to Advance Water /Sewer Infrastructure in Unincorporated New Hanover County BRIEF SUMMARY: County staff has worked to develop a policy and financial model that partners the county and CFPUA in advancing water /sewer infrastructure to areas of the unincorporated county where development interest is high but funding is unattainable by the private sector. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the policy and financial model. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider policy. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 21 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 22 DEPARTMENT: Environmental Management PRESENTER(S): John Hubbard, Environmental Management Director CONTACT(S): Sam Hawes, Landfill Manager and Lori Colon, Purchasing Agent SUBJECT: Approval to Award Bid to Toledo Carolina Inc. for Phase I in the Scale and Scale House Replacement Project BRIEF SUMMARY: In the FYI 1-12 Adopted Budget, the Board approved the Landfill Scale and Scale House Replacement Project in the amount of $290,000. The existing scales were installed in 1987 and calibration is a pressing concern in regards to North Carolina State Certification. Additionally, the new scale location will be optimized to allow for efficient operations from the new scale house to be constructed during Phase 2. Phase 1 consists of the construction and installation of a new prefabricated 70' x11' scale. This project will also include the demolition of existing scales, site work, grading, electrical, paving, and obtaining the permits needed for Phase 1. Staff formally bid the Landfill Scale Replacement Project using the County's Website and NC Division of Purchasing and Contract IPS system. A pre -bid meeting was held March 12, 2012 at project site. Four bidders attended the pre -bid meeting. The companies that attended include: Toledo Carolina Inc., Lumina Builders, Norris Construction, and 4 Seasons Site & Demo. Toledo Carolina Inc. submitted a bid in the amount of $96,861 and Lumina Builders submitted a No -Bid proposal response. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution awarding RFB # 12 -0262 and contract # 12 -0262 to Toledo Carolina Inc. in the amount of $96,861 for the purchase and installation of the Landfill Scale and authorize the County Manager to execute the contract. ATTACHMENTS: Bid Tab Bid Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 05/07/2012 22 -0 Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 22 -0 bA .� N �i NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF LANDFILL SCALE REPLACEMENT PROJECT WHEREAS, after due advertisement, the following Request for Bids 412-0262 were received and publicly opened by the Purchasing Agent at 3:00 p.m., March 27, 2012, in the New Hanover County Finance Office, Suite 165, Conference Room 502 located at 230 Government Center Drive, Wilmington NC, for the New Hanover County Landfill Scale Replacement; and Bidders Bid Amount Toledo Carolina Inc. $96 Lumina Builders Inc. No Bid WHEREAS, Toledo Carolina Inc. is the lowest responsive, responsible bidder, submitting for the purchase and installation of the landfill scale replacement project in the amount of Ninety - Six Thousand, Eight- Hundred Sixty -One Dollars ($96,861); and WHEREAS, staff has reviewed the bid and recommends that the bid and contract be awarded to Toledo Carolina Inc. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners, that Request for Bids #12-0262 and Contract #12-0262 is awarded to Toledo Carolina Inc. for the purchase and installation of the Landfill Replacement Scales in the amount of Ninety -Six Thousand, Eight- Hundred Sixty -One Dollars ($96,861); and that the County Manager is hereby authorized and directed to execute contract #12-0262 with the contract form to be approved by the County Attorney. ADOPTED this the 7 th day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 22-2-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 7, 2012 REGULAR ITEM: 23 DEPARTMENT: Budget PRESENTER(S): Jim McDaniel, Parks, Gardens and Senior Resources Director CONTACT(S): Tara Duckworth, Parks Manager SUBJECT: Consideration of Hoggard Tennis Courts Repair/Replacement Project BRIEF SUMMARY: The Hoggard Tennis Courts are in need of major repair. The cost of the project is estimated at $124,000. New Hanover County Schools have agreed to contribute $41,333, which is one -third of the projected project total. The attached budget amendment 12 -206 transfers $41,334 from Contingencies for the County to fund another one -third of the project cost. Through a partnership between the Greater Wilmington Tennis Association, New Hanover County and the School system, we feel there is a high probability that we can leverage grant funds and contributions to cover the final one -third of the project cost. If these grants and contributions are unable to cover the final one - third, $41,333, alternatives would have to be considered to include additional County /Schools support. The courts are unusable to the public, as well as the School system, and are currently locked. The project is being considered outside of the budget process or capital budget process so that the courts may be available for school students and the general public. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public /private partnerships RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Hoggard Tennis Courts Repair /Replacement Project and adopt the ordinance for the associated budget amendment, 12 -206. ATTACHMENTS: Hoggard Tennis B/A 12 -206 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 05/07/2012 23 -0 COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/07/2012 23 -0 3517 V-s'. h1 vii Ave., Suite A e Wilmin NC 28403 e, 910-792-0-308 0 FAX 910-452-9259 a wwwBradle Board of Commissioners Meetin 05/07/2012 23-1-1 Price Does Not laclude 1. Material testin F V In I 1 material and labor as described above for the work to be perfonned i a professional workman like (Y a-rner for a sum of- The resurfaci ONLY proposal would be Twent Ei Thousand ($28,000.00) and includes our ing r.00rdination tl,?c � ai* o*er ue.des 1 I row- I : time) I It 1 1 1117-lrq - "M I I 111 0 F appreciate the opportunit to provide y ou with this estitmte for services. If y ou have an q uestions concemin this proposal please let me know. M Scott Bradle 11F'radle Construction Board of Commissioners Meetin 05/07/2012 23-1-2 AGENDA: May 7, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 206 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -206 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Productive Strategic Partnerships Strategic Objective(s): Develop appropriate public / private partnerships Fund: General Fund Department: Parks, Gardens & Senior Resource Center /Finance Expenditure: Decrease Increase Parks and Gardens /Operations: Capital Outlay - Other Improvements $124 Finance /Contingencies: $41,333 Contingencies $41,334 Total 1 $419334 1 1 $124 Revenue: Decrease Increase Parks and Gardens /Operations: Contribution from Schools $41,333 Contribution from Wilmington Tennis Assoc. $41,333 Total $0 $82 Section 2: Explanation To budget for the Hoggard Tennis Courts repair project estimated to cost $124,000. The New Hanover County Schools will contribute one -third of the cost, $41,333. New Hanover County will transfer $41,334 from Contingencies. Efforts will be made to procure grant funds and contributions through the Greater Wilmington Tennis Association to cover the remaining funds for the project. Currently the Hoggard Tennis Courts are unusable and the gates are locked. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 12 -206, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 7th day of May, 2012. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/07/2012 23 -2 -1