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Agenda 2012 05-21New Hanover County, North Carolina L I NIOIO�Ook May 27, 2012 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 21, 2012 9:00 A.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) NON - SECTARIAN INVOCATION (Reverend Richard G. Elliott, Rector, St. Andrew's On- the -Sound Episcopal Church) PLEDGE OF ALLEGIANCE (Commissioner Jason R. Thompson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of 11 Donations for Accession into the Museum's Permanent Collection 3. Approval of a List of Items for Deaccession from the Museum Collection 4. First Reading Approval of Solid Waste Franchise for Coastal Waste Services, Inc. 5. Adoption of Resolution to Appoint Map Review Officers 6. Approval of April Tax Collection Reports for New Hanover County and Fire District 7. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 9:15 a.m. 8. Presentation of Service Awards to Retirees and Employees and New Employee Introductions 9:30 a.m. 9. Presentation of a 2011 Outstanding County Program Award by the North Carolina Association of County Commissioners (NCACC) 9:35 a.m. 10. Recognition of Kathy Stoute, Youth Empowerment Services Director, Recipient of a 2012 UNCW Razor Walker Award 9:40 a.m. 11. Consideration of Mental Health Month Proclamation 9:45 a.m. 12. Consideration of Building Safety Month Proclamation 9:50 a.m. 13. New Hanover County Inspections Department Advisory Council Annual Update 10:00 a.m. 14. Presentation of FY12 -13 Recommended Budget 10:45 a.m. 15. Consideration of New Hanover County Board of Education Budget Amendment #7 10:50 a.m. 16. Consideration of Public School Building Capital Fund Applications 11:00 a.m. 17. Consideration of the Board of Education's Request that the Board of County Commissioners Approve Their Application for Reallocation of Qualified School Construction Bonds (QSCB), Part of the American Recovery and Reinvestment Act of 2009 (ARRA), Funds in the Amount of $706,704.13 11:10 a.m. 18. Approval to Submit an Energy Assurance Grant Agreement to the NC Board of Commissioners Meeting 05/21/2012 4:30 p.m. 30. Consideration of Adoption of a Budget Amendment for Cape Fear Public Utility Authority Economic Development Funding for the Project Defined as Kirkland Sewer 4:35 p . m. 31. Additional Items County Manager County Commissioners Clerk to the Board County Attorney CLOSED SESSION AGENDA ITEMS OF BUSINESS 4:45 p.m. 32. Closed Session Pursuant to G.S. 143- 318.11(a)(3) to Consult With the County Attorney Regarding a Matter of Potential Litigation 5:15 p.m. 33. 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 05/21/2012 Department of Commerce, State Energy Office 11:20 a.m. 19. Consideration of Tax Management Associates Discovery Fee Budget Amendment 11:25 a.m. 20. Consideration of Recommendations for 320 Chestnut 11:55 a.m. 21. Consideration of a Resolution Authorizing the Execution and Delivery of an Installment Purchase Contract with Bank of America Public Capital Corporation to Finance the Acquisition of a Caterpillar 826G Compactor and an Articulated Dump Truck 12:05 p.m. 22. Recess for Lunch 12:35 p.m. 23. County Evaluation Team Recommendation for Renovation and Long Term Operation of the New Hanover County Sustainable Energy Facility 1:35 p.m. 24. Public Hearing Text Amendment (A -396, 04/12) - Request by Staff to Amend the County's Subdivision Ordinance to Create a Procedure for the Installation of Traffic Calming Devices 2:20 p.m. 25. Public Hearing Text Amendment (A -400, 04/12) - Request by Staff to Amend Section 97 -4 of the County's Zoning Ordinance by Removing the Amortization Table 3:05 p.m. 26. Public Hearing Text Amendment (A -401, 04/12) — Request by Staff to Amend the County's Zoning Ordinance to Create a Conditional District 3:50 p.m. 27. Public Hearing Text Amendment (A -402, 04/12) - Request by Staff to Amend Section 62 -1 of the County's Zoning Ordinance to Remove the Noncontiguous Lot Reference 4:05 p.m. 28. 2012 Short Session Legislative Goals - Update 4:15 p.m. 29. Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 4:30 p.m. 30. Consideration of Adoption of a Budget Amendment for Cape Fear Public Utility Authority Economic Development Funding for the Project Defined as Kirkland Sewer 4:35 p . m. 31. Additional Items County Manager County Commissioners Clerk to the Board County Attorney CLOSED SESSION AGENDA ITEMS OF BUSINESS 4:45 p.m. 32. Closed Session Pursuant to G.S. 143- 318.11(a)(3) to Consult With the County Attorney Regarding a Matter of Potential Litigation 5:15 p.m. 33. 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 05/21/2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 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 May 3, 2012 Regular Meeting held on May 7, 2012 Special Meeting held on May 11, 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 05/21/2012 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 CONSENT ITEM: 2 DEPARTMENT: PRESENTER(S): Ruth Haas, Director, Cape Fear Museum CONTACT(S): Barbara Rowe, Museum Curator SUBJECT: Approval of 11 Donations for Accession into the Museum's Permanent Collection BRIEF SUMMARY: The Museum collects items pertaining to the history, science, and cultures of the Lower Cape Fear region. The items submitted for approval have all been donated for inclusion in the permanent collection. Donated items are carefully documented. The Curator reviews donations based on the provenance, condition of the objects, relevance to the collection, potential to exhibit, and a variety of similar criteria. A report on the object is reviewed carefully by the Director and Collection's Committee. The objects presented have passed this scrutiny and were approved by the Museum Advisory Board meeting of April 18, 2012. Each item offered has a special story to preserve. From early colonial currency to recent political posters, representations of the quality ratings of Verandas B & B to photos documenting Rehder's florist business, the objects document 300 years of the region's stories. Move to accept eleven (11) donations of regional artifacts into the Cape Fear Museum Permanent Collection. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept eleven (11) donations of regional artifacts into the Cape Fear Museum Permanent Collection. A TT A f NMF.NTC - Acquisition List COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/21/2012 2 -0 bA 4-j N 4� CIZ: O G� N O N c� ►i c� O O O 4—j U N O O U U bA 4-j N 4� CIZ: O G� N O N c� ►i N c� O O O 4—j U N O O U U bA 4-j N 4� CIZ: O G� N O N c� ►i m c� O O O 4—j U N O O U U bA 4-j N 4� CIZ: O G� N O N c� ►i OR c� O O O 4—j U N O O U U This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 CONSENT ITEM: 3 DEPARTMENT: PRESENTER(S): Ruth Haas, Director, Cape Fear Museum CONTACT(S): Barbara Rowe, Museum Curator SUBJECT: Approval of a List of Items for Deaccession from the Museum Collection BRIEF SUMMARY: The Museum staff and Museum Advisory Board have been diligently culling items from the permanent collection that have no relevant provenance, are in very poor condition, or are duplicates of better examples. This process is a recommended step in effective collections management. The items recommended for deaccession have all been reviewed by the Curator, Director, Collections Committee, and Museum Advisory Board. Recommendations for disposition are also provided. Many of the listed items are identified for destruction because they are in such poor and deteriorating condition. Others have been identified for auction, a procedure which removes the sale from immediate conflict of interest with the Museum. Income earned from items sold at auction goes into a restricted account used to conserve or purchase artifacts for the collection. An object may also be recommended for transfer to another collecting institution. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the recommendation of the Museum Advisory Board to deaccession the items identified on the attached list for deaccession from the Museum's Permanent Collection. ATTACHMENTS: List of Deaccessions COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/21/2012 3 -0 bA 4-j N 4� ►0 CIO O A W Q W . o � � o � ^ 0 O � 7 U U 4-j y--a � O 7� cr co c/1 Q by •�, � �O A cv a, a� o � � • � o ,S' 7� • In r--� U M N � O � Board of Commissioners Meeting 05/21/2012 3 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 CONSENT ITEM: 4 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: First Reading Approval of Solid Waste Franchise for Coastal Waste Services, Inc. BRIEF SUMMARY: New Hanover County requires a County issued franchise to collect solid waste. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The initial franchise period would run for seven years. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. This matter will then be placed on the next agenda for the second approval required for final franchise award. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the County and to haul all waste to a County designated facility. ATTACHMENTS: Franchise Doc COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/21/2012 4 -0 Coastal Waste Services, Inc. Cynthia Trifiletti, President Brian 0irosse, Vice President P.O. Box 12661 Wilmington, NC 28405 910- 228 -5500 ofc 910-228 -5451 fax 631 - 873 -7431 cell List of Equipment at Present: - 2001 Kenworth T800 Rolloff - 1997 GMC Packer Truck - 5x 10yd Rolloff Containers - 5x 15yd Rolloff Containers - Sx 20yd Rolloff Containers - 5x 30yd Rolloff Containers List of Equipment to obtain in Future: - Front load Garbage Truck - Rolloff Truck - Retriever Truck - 10x 10yd Rolloff Containers - 10x 15yd Rolloff Containers - 10x 20yd Rolloff Containers - 10x 30yd Rolloff Containers - 95 gallon Garbage pails and front end cans as needed. Approximate amount of employees would be from ten to twenty employees depending on growth of business. Currently running my husband's solid waste company in New York since 2000. We have three roll offs, one retriever and a packer truck currently on the road. Company has over 150 dumpsters ranging sizes from 5yd to 40yd. Current company was recently incorporated on February 21, 2012 and does not have any net worth documents to date. If you would like a list of what our equipment is worth or the financial documents from the current company we have in New York we would be happy to provided same. 'd—f le, e-> T 't t` " C64 w Board of Commissioners Meeting 05/21/2012 4 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 CONSENT ITEM: 5 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director CONTACT(S): Chris O'Keefe, Planning & Inspections Director SUBJECT: Adoption of Resolution to Appoint Map Review Officers BRIEF SUMMARY: NC General Statute 47 -30.2 authorizes the County to appoint Map Review Officers (MRO) to examine and approve plats and maps prior to recordation at the Register of Deeds. A resolution designating a Review Officer must be recorded in the county registry and indexed on the grantor index in the name of the Review Officer. The last appointments were made on May 3, 2010. Since that time, one employee designated as a Map Review Officer with the City of Wilmington has terminated employment. (Mark A. Smith, PLS) The City of Wilmington and New Hanover County have submitted the following individuals for appointment as Map Review Officers: Peter J. Brennan, Jr., PLS, Surveyor, City of Wilmington Nicole M. Dreibelbis, Current Planner, New Hanover County Linda E. Painter, Zoning Compliance Officer, New Hanover County Shawn T. Ralston, Planning Manager, New Hanover County John Steven Still, Senior Zoning Compliance Officer, New Hanover County STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution to appoint map review officers. ATTACHMENTS: Map Review Officer Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 05/21/2012 5 -0 Approved 4 -0. Board of Commissioners Meeting 05/21/2012 5 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS WHEREAS, General Statute 47-30.2 requires that every County appoint one or more Map Review Officers to examine and approve plats and maps prior to recordation at the Registry of Deeds; and WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy and consistency; and WHEREAS, a resolution was adopted by the Board of County Commissioners on May 3, 2010 designating Chris O'Keefe, Planning & Inspections Director; Billy Oakes, Land Records Supervisor; and Sam Burgess, Subdivision Review Planner as Map Review Officers for the unincorporated New Hanover County and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach; and designating Ronald H. Satterfield, Jr., Planning Manager; James A. Diepenbrock, Associate Planner; David E. Cowell, P.E., City Engineer; Carl H. Farmer, Jr., P.E., Division Engineer; John Fullerton, Zoning Administrator; and Derek Pielech, City Plan Review Engineer as Map Review Officers for the City of Wilmington; and WHEREAS, the City of Wilmington and New Hanover County have requested that the staff listed below be designated Map Review Officers in addition to those listed above. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following staff be designated as Map Review Officers: Peter J. Brennan, Jr., PLS, Surveyor, City of Wilmington Nicole M. Dreibelbis, Current Planner, New Hanover County Linda E. Painter, Zoning Compliance Official, New Hanover County Shawn T. Ralston, Planning Manager, New Hanover County John Steven Still, Senior Zoning Compliance Official, New Hanover County ADOPTED this the 21 day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman Attest: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 5 -1 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 CONSENT ITEM: 6 DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue CONTACT(S): Michelle Harrell, Collector of Revenue SUBJECT: Approval of April Tax Collection Reports for New Hanover County and Fire District BRIEF SUMMARY: Collection reports for April 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. ATTACHMENTS: April Tax Collection Report COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 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 -228 - Health 12 -229 - Health 12 -230 - Health 12 -231 - Health 2012 -56 - Finance 2012 -57 - 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 -228 B/A 12 -229 B/A 12 -230 B/A 12 -231 B/A 2012 -56 B/A 2012 -57 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 05/21/2012 7 -0 COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners Meeting 05/21/2012 7 -0 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 228 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -228 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 /Maternal Health Expenditure: Decrease Increase Health/Maternal Health: Supplies $3,000 Total 1 $0 11 $3 Revenue: Decrease Increase Health/Maternal Health: Grant - Local - Ministering Circle $3,000 Total 1 $0 11 $3 Section 2: Explanation The Health Department has been awarded $3,000 from the Ministering Circle of Wilmington, NC, to provide prenatal diabetic supplies for the uninsured. Approval to apply for these funds was given at the 9/19/11 Board of Commissioners meeting. No County matching funds are required and no new positions are requested. 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 -228, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 7 -1 -1 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 229 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -229 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 /Safe Kids Expenditure: Decrease Increase Health/Safe Kids: Supplies $500 Total 1 $0 11 $500 Revenue: Decrease Increase Health/Safe Kids: Grant - Local - Safe Kids North Carolina $500 Total 1 $0 11 $500 Section 2: Explanation The Health Department has been awarded $500 from Safe Kids -North Carolina to raise awareness of the importance of wearing helmets when riding bikes and other wheeled vehicles. These funds will be used to purchase educational materials and helmets. Approval to apply for these funds was given at the 5/7/12 Board of Commissioners meeting. No County matching funds are required and no new positions are requested. 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 -229, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 7 -2 -1 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 230 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -230 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 /Safe Kids Expenditure: Decrease Increase Health/Safe Kids: Supplies $300 Total 1 $0 11 $300 Revenue: Decrease Increase Health/Safe Kids: Grant - Local - Safe Kids USA $300 Total $0 $300 Section 2: Explanation The Health Department has been awarded $300 from Safe Kids USA for Operation Medicine Drop. The purpose of this grant is to target voluntary turn -in of expired, old or unused prescription medications from individuals in the Community. These funds will offset expenditures incurred for the event held with local law enforcement agencies in March 2012. Approval to apply for these funds was given at the 5/7/12 Board of Comissioners meeting. No County matching funds are required and no new positions are requested. 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 -230, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 7 -3 -1 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 231 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -231 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 /Safe Kids Expenditure: Decrease Increase Health/Safe Kids: Supplies $300 Total 1 $0 11 $300 Revenue: Decrease Increase Health/Safe Kids: Grant - Local - Safe Kids -North Carolina $300 Total 1 $0 11 $300 Section 2: Explanation The Health Department has been awarded $300 from Safe Kids -North Carolina for the 2012 Safe Kids Week. These funds will be used to purchase educational materials, including reflective safety items and incentives to promote child safety. Approval to apply for these funds was given at the 5/7/12 Board of Commissioners meeting. No County matching funds are required and no new positions are requested. 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 -231, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 7 -4 -1 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 56 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -56 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): Innovate programs to protect the environment Fund: Mason Inlet Relocation Department: Finance Expenditure: Decrease Increase Capital Project Expenditures $150,162 Total $0 $150,162 Revenue: Decrease Increase Transfer in from Special Revenue Fund $50,000 Sales Tax Refund $0 $162 Interest on Investments $100,000 Total $0 $150,162 Fund: Room Occupancy Tax (ROT) Department: Finance Expenditure: Decrease Increase Transfer to Capital Project Fund $50,000 Total $0 $50,000 Revenue: Decrease Increase Interest on Investments $50,000 Total $0 $50,000 Section 2: Explanation Additional funds are needed to continue required year ten maintenance and monitoring contracts associated with the Mason Inlet Relocation project. Staff requests approval to transfer $50,000 from the Room Occupancy Tax (ROT) Fund to the Mason Inlet Relocation Fund, as well as budget available sales tax refund and interest on investments. 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 -56, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 7 -5 -1 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 2012 - 57 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2012 -57 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: Federal Forfeited Property Department: Sheriffs Office Expenditure: Decrease Increase Federal Forfeited Property (DOJ): Supplies $31,609 Total $0 1 1 $31 Revenue: Decrease Increase Federal Forfeited Property (DOJ): Federal Forfeited Property $31,609 Total $0 1 1 $31 Section 2: Explanation To budget Federal Forfeited Property (DOJ) 5/4/12 receipt of $18,252 and 3/12/12 auction proceeds of $13,357. 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 $48,158. 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 -57, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 7 -6 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 8 DEPARTMENT: PRESENTER(S): County Commissioners and Bruce T. Shell, County Manager CONTACT(S): Libby Moore, Human Resources Analyst SUBJECT: Presentation of Service Awards to Retirees and Employees and New Employee Introductions BRIEF SUMMARY: Service awards will be presented to retirees and employees. New employees will be introduced and invited to have their photo taken with the Board of Commissioners to be placed on the County's website. STRATEGIC PLAN ALIGNMENT: Effective County Management • Hire, develop and retain talented people • Recognize and reward contribution • Create and support an engaged workforce RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards, recognize new employees and take photo. COMMISSIONERS' ACTIONS: Presented service awards, recognized new employees and took photo. Board of Commissioners Meeting 05/21/2012 8 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 9 DEPARTMENT: PRESENTER(S): Neil Emory, NCACC Outreach Associate CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Presentation of a 2011 Outstanding County Program Award by the North Carolina Association of County Commissioners ( NCACC) BRIEF SUMMARY: Paige Owens is the Assistant Director of the New Hanover County Public Library. She has been selected as an NCACC 2011 Outstanding County Program Award winner in the Public Information/Participation category for her entry, Help George Tell His Story. Neil Emory will present the award. STRATEGIC PLAN ALIGNMENT: Effective County Management • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize award presentation to Paige Owens. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recognize award presentation to Paige Owens. COMMISSIONERS' ACTIONS: Recognized award presentation to Paige Owens. Board of Commissioners Meeting 05/21/2012 9 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 10 DEPARTMENT: PRESENTER(S): Chris Coudriet, Assistant County Manager CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Recognition of Kathy Stoute, Youth Empowerment Services Director, Recipient of a 2012 UNCW Razor Walker Award BRIEF SUMMARY: The University of North Carolina Wilmington's Watson School of Education selected Kathy Stoute as a recipient of the 2012 Razor Walker Award (one of four who were selected this year) and bestowed the award Monday, April 16. The award has been presented annually since 1993 to individuals and organizations recognized as "walking the razor's edge" in service to the children and youth of the state of North Carolina. Kathy is the director of New Hanover County's Youth Empowerment Services (YES). She was nominated in the category of Public Service /Policy by Mr. Zachery Mitcham, a YES Advisory Board Member, who in his nomination statement wrote, "Through Kathy's leadership and vision, Youth Empowerment Services (YES) has positively impacted the lives of literally hundreds of New Hanover County at -risk youth ". STRATEGIC PLAN ALIGNMENT: Effective County Management • Recognize and reward contribution RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize Kathy Stoute for her selection as a recipient of the 2012 Razor Walker Award. A TT A f NMF.NTC - Razor Award Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recognize and congratulate Kathy Stoute. COMMISSIONERS' ACTIONS: Recognized Kathy Stoute. Board of Commissioners Meeting 05/21/2012 10 -0 N91"W"Llial 7" 1 �P'Mnxn I Le ri LIL -F N Februar 9, 2012 UNnrEvsrry c) 11 ORTH CAROLINAWILNUNGTON Ms. Kath Stoute 138 North 4th Stf eet Wilmin NC 28401 On behalf of the Watson School of Education at the, Universit of North Carolina, Wilmin it is m pleasure to con y ou on bein selected as a reripient of the 2012 Razor Walker Award, These award h.;ave been P resented annul,-=ll since 1993 to indi'v[duals and P or reco as"W21kin the-raz'or's ed in service' to the children and y outh of the state of North Carolina. You were nominated for this -award in the cate of Public Service/Polic b Zacher Mitcham: I n h i s 5n o m 1- n at I on statem e nt , h e stated "Throu Ka th lea dersh ' and vision, Youth, IP Emp o werrnent Services (YES) has p ositive impa cted the lives of literall h un dreds 0 F lVe w Hanover Count a t-fisk y outh. We in, vite y ou and your guest(s) to join u's for the 20th Annual Razor Walker Awards Ceremon Monda April 116,20112 Burne Center Baflroom, UNCW, 601 S. Colle Road, Wilmin NC 5: 45 p. ReceptIon for honorees, nominators and UNCW officials 6:3 0 p. m. -. Awards dinner At the ceremon y our nominator will speak for 2-3 m'jnutes to introduce y ou and y ou are invited to speak for a similar length P if y ou would �like, in reco of this honor.. I wIll need some materials and-fifformation from y ou to help u's prepare the printed pro and invitation Hst for the awards ceremon A list is enclosed. It would be helpful if we could receive the rratedlafs and information no laterthan Monday, Febru For more information, or if have an qu estions or co please contact Jan Slko, M Executive Assistant, at 910-962-3354 or siko0uncw.edu. A con, on bein named, a Razor Walker Award recip[ent! I loo to meetin y ou. DONALD R. VVAT50N SCHOOL of ]EDUCATION OFFICE OF THE DEAN 604 SO U T 11 C-0 I L ROA B, - WITATMIG70 No RT-ii C. A R m.TTqA 28,403-,,v"1,. -,910-962,3,350 - FAX 91U-962-4081 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 11 DEPARTMENT: County Manager PRESENTER(S): Kate Murphy, Public Information Specialist, Southeastern Center for MH/DD /SAS CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Consideration of Mental Health Month Proclamation BRIEF SUMMARY: Mental Health Month is observed every May nationwide by advocacy organizations to raise awareness and understanding of issues related to mental health and to eradicate the stigma associated with seeking mental health services. A proclamation is attached for the Board's consideration to recognize May as Mental Health Month in New Hanover County. 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: Mental Health Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/21/2012 11 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS MAY IS MENTAL HEALTH MONTH PROCLAMATION WHEREAS, mental health is essential to everyone's overall physical health and emotional well - being; and WHEREAS, mental illness will strike one in four adults in a given year regardless of age, gender, race, ethnicity, religion or economic status; and WHEREAS, people who have mental illness do recover and lead full, productive lives, but the stigma surrounding mental illness can prevent people from seeking the medical attention they need; and WHEREAS, all Americans, including combat veterans and hurricane victims, are vulnerable to chronic mental health problems associated with trauma and can benefit greatly from early identification and treatment; and WHEREAS, forty percent of those with mental illness have been arrested one or more times, and one in three of those experiencing homelessness also suffer from severe mental illness; and WHEREAS, an estimated two - thirds of adults and young people who have mental health disorders are not receiving the help they need and nearly 30,000 American lives are lost each year to suicide and mental illness; and WHEREAS, the cost of untreated and mistreated mental illness and addictive disorders to American businesses, governments and families has grown to over $100 billion annually; and WHEREAS, community -based services that respond to the needs of the individual and family are cost - effective and beneficial to consumers and the community; and WHEREAS, Mental Health Month is observed every May nationwide by advocacy organizations to raise awareness and understanding of issues related to mental health and to eradicate the stigma associated with seeking mental health services. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2012 be recognized as "Mental Health Month" in New Hanover County. Citizens, government agencies, public and private institutions, businesses, and schools in New Hanover County are called upon to recommit to increasing awareness and understanding of mental illness and the need for accessible services for all people who suffer from mental disorders. ADOPTED this the 20 day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 11 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 12 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director; Dennis Bordeaux, Inspections Manager; and Reggie Hucks, Chief Code Official CONTACT(S): Chris O'Keefe, Planning & Inspections Director; Dennis Bordeaux, Inspections Manager; and Reggie Hucks, Chief Code Official SUBJECT: Consideration of Building Safety Month Proclamation BRIEF SUMMARY: Building Safety Month is sponsored by the International Code Council Foundation and the N.C. Office of the State Fire Marshal to remind the public about the critical role local building and fire code officials have in assuring safe, efficient, and livable buildings and to raise public awareness of the importance of building safety; green and sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation declaring May as Building Safety Month in New Hanover County. ATTACHMENTS: Building Safety Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 05/21/2012 12 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BUILDING SAFETY MONTH PROCLAMATION WHEREAS, New Hanover County's continuing efforts to address the critical issues of safety, energy efficiency and sustainability in the built environment that affects our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound; and WHEREAS, our confidence is achieved through the devotion of vigilant guardians, building safety and fire prevention officials, architects, engineers, builders, laborers and others in the construction industry who work year -round to ensure the safe construction of buildings; and WHEREAS, these guardians are dedicated members of the International Code Council and the North Carolina Office of the State Fire Marshal, they develop and implement the highest - quality codes to protect Americans in the buildings where we live, learn, work and play; and WHEREAS, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildfires, and earthquakes; and WHEREAS, Building Safety Month is sponsored by the North Carolina Office of the State Fire Marshal and the International Code Council Foundation, to remind the public about the critical role of our local building and fire code officials who assure us of safe, efficient and livable buildings; and WHEREAS, Building Safety Month encourages all Americans to raise awareness of the importance of building safety; disaster - resistant, energy efficient, green and sustainable building; pool, spa and hot tub safety; and new technologies in the construction industry; and WHEREAS, New Hanover County residents can take appropriate steps to ensure that the places where we live, learn, work and play are safe. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2012 be recognized as "Building Safety Month" in New Hanover County. The Board of Commissioners encourages all citizens to consider projects to improve building safety at home and in the community, and also to join them in acknowledging the essential service provided by local and state planning, inspections and fire services departments and federal agencies in protecting lives and property. ADOPTED this the 21 day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 12 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 13 DEPARTMENT: PRESENTER(S): Rodney Q. Harris, New Hanover County Inspections Department Advisory Council Chairman CONTACT(S): Sheila L. Schult, Clerk to the Board; Chris O'Keefe, Planning & Inspections Department Director SUBJECT: New Hanover County Inspections Department Advisory Council Annual Update BRIEF SUMMARY: The New Hanover County Inspections Department Advisory Council will make its annual presentation to the Board of Commissioners. Attached is the information regarding this council. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: New Hanover County Inspections Department Advisory Council Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 05/21/2012 13 -0 NEW HANOVER COUNTY INSPECTIONS DEPARTMENT ADVISORY COUNCIL Number of Members: 8, appointed in categories as follows: Commercial Builder, Electrical Contractor, Engineer, Mechanical Contractor, Plumbing Contractor, Residential Builder, and 2 At -large Term of Office: Three years Regular Meetings: The Council shall meet at least quarterly and may, at its discretion, establish a more frequent meeting schedule. Meetings are held at the New Hanover County Planning and Inspections Department, 230 Government Center Drive, Suite 110, Wilmington, NC. Action Creating Council: The County Commissioners established the Council on June 15, 1998. Membership increased to 8 on July 13, 1998. Purpose: The Council will provide advice and guidance to the Inspections Department to ensure consistent, timely, economical, professional, and efficient service as an integral part of the department's purpose to protect the lives and property of the citizens living in New Hanover County. Board of Commissioners Meeting 05/21/2012 13 -1 -1 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Rodney Q. Harris, Chairman Residential Unexpired 1/19/10 7/31/10 7422 Fisherman Creek Drive Builder First 7/12/10 7/31/13 Wilmington, NC 28405 452- 1151(H) 313- 2468(W) 443- 3444(C) Mike Hayes At -Large First 7/12/10 7/31/13 1408 English Court Wilmington, NC 28411 279 -0906 (C) 790 -5700 David F. Michael Commercial First 7/20/09 7/31/12 5724 Oak Bluff Lane 28409 Builder P.O. Box 4189 Wilmington, NC 28406 350 -0226 (H) 392 -5220 (W) James Britton Piner Electrical First 7/23/07 7/31/10 5614 Myrtle Grove Road Contractor Second 7/12/2010 7/31/13 Wilmington, NC 28409 799 -3904 (H) 392 -3055 (W) 279 -0848 (C) Howard Resnik Engineer First 7/20/09 7/31/12 3614 Winston Boulevard (28403) P.O. Box 4041 Wilmington, NC 28406 798 -1909 (H) 791 -4441 (W) 540 -0959 (C) David Lee Smith At -Large First 7/12/04 7/31/07 905 Saltwood Lane Second 7/23/07 7/31/10 Wilmington, NC 28411 Third 7/12/10 7/31/13 681 -0394 (H) 362 -7148 (W) 520 -6395 (C) Board of Commissioners Meeting 05/21/2012 13 -1 -1 NEW HANOVER COUNTY INSPECTIONS DEPARTMENT ADVISORY COUNCIL (CONY.) Revised: 5/8/2012 Board of Commissioners Meeting 05/21/2012 13 -1 -2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION William C. Tchouros Plumbing First 7/24/06 7/31/09 9102 Boothbay Court Contractor Second 7/20/09 7/31/12 Wilmington, NC 28411 686 -2368 (H) 793 -6081 (W) 617 -8101 (C) James Steele Williams, III Mechanical First 7/24/06 7/31/09 5441 Blue Clay Road Contractor Second 7/20/09 7/31/12 Castle Hayne, NC 28429 675 -3477 (H) 799 -5564 (W) 443 -5999 (C) Dennis Bordeaux, Inspections Manager File: /Inspections Chris O'Keefe, Director B/C #40 -7.10 New Hanover County Planning and Inspections Department 230 Government Center Drive, Suite 110 Wilmington, NC 28403 798 -7175 Revised: 5/8/2012 Board of Commissioners Meeting 05/21/2012 13 -1 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 14 DEPARTMENT: PRESENTER(S): Bruce T. Shell, County Manager CONTACT(S): Cam Griffin, Budget Director SUBJECT: Presentation of FY12 -13 Recommended Budget BRIEF SUMMARY: The County Manager will present the FY 12 -13 New Hanover County Recommended Budget to the Board of County Commissioners. The required Public Hearing and presentations by a number of organizations is scheduled for June 4, 2012. The adoption of the budget is scheduled for June 18, 2012. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget • Understand and act on citizen needs • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Listen to FY 12 -13 Recommended Budget presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 05/21/2012 14 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 15 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Consideration of New Hanover County Board of Education Budget Amendment #7 BRIEF SUMMARY: Please find attached NHC Board of Education Capital Outlay Fund Budget Amendment #7, which was approved by the Board of Education at their April 10th meeting. The Budget Amendment Board of Education Fund - $1,807,306 to fund projects approved during the 2012- 13 Capital Budget Process. The projects are as follows: Laney Field House Renovations - $860,064 Track Repair and Replacement at high schools - $218,500 Repairs to Mosley - $50,000 Furniture and Custodial Equipment - $136,142 Laptop Replacement -Issac Bear - $56,200 Workstation Memory Upgrades - $53,100 Mounting Projectors at various schools - $263,800 Vehicle Replacement - $169,500 The budget amendment also changes the $5,681 funding for the Noble electrical project from bond revenue to lottery revenue. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve Board of Education Capital Outlay Fund #7. ATTACHMENTS: Board of Education Budget Amendment #7 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 05/21/2012 15 -0 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/21/2012 15 -0 Aew Aanover Count Board of Education CapKal Outla Fund Sud Amendment #7 folk Wn rn ■ e ts be ad-t e reso ew Hahove'r'06unt of �ducito' that the - a en m - n - ■ .. rn to the Bud Resoluton f6r the fiscal y ear endin June 30, 2012, on the I Oth da of Ap6l, 2012: Total Appmpflation in Current Bud Amount of InawW(Demaw) of above Amendimant Total Approplabon in Current Amended Bud 115�6311 A 11,80TI306.00 17438 722.02 Board of Commissioners Meetin 15-1-1 Expendifurm b ftrpowFuncdon: Re Inshdon $ 105,531.00 GaplW Oulfa 11128,564,00 Teftolc Support 373,100.00 OperatbnW Support 200,111.00 1,807A0610F Revenue b Source: PSBCF ADM Revenue DPI Sdool Bus Revenue PSBCF - Lotter Revenue 501.00 OSC13 Revenue E-RATE Revenue 2007 Bond Ravenue (BP681.00) Fund Balance AppropOated 138073306.00 $ 118079306,00 Explanagon.- To record krpm hq4 a pp � 10 � aWqg funded w9h - d&cwqdr6vwuq Jbr E. propleUms. vsr aAP Total Appmpflation in Current Bud Amount of InawW(Demaw) of above Amendimant Total Approplabon in Current Amended Bud 115�6311 A 11,80TI306.00 17438 722.02 Board of Commissioners Meetin 15-1-1 9077 Track Repair and Replacement at hi schools 218,500.00 Mosle - Replace floor files in kitchen, dinin e n d s tora areas. Replace asbestos 9087 containin tiles with- qua rr amwmm� 50tOOD.00 Subtolal Facilit Pro ir128,564,00 5110 Fumiture _7295311.00 6540 Custodial E 30 5110 Furniture/Equipment Rewrve PRE"11MMINFINEWWW 35,000.00 Subtotal Furniture & Equipment 136,142.00 6401.40 Laptop Replacement - is Bear 56,200.00 6401.41 WorkWaton Memor Up 53,100.00 Mountin Pro and Memlos at various �_._----- - - -_._ . _ . __��_.�. _+ -- - - -- 64-01-.42--- isr ---- - Subtotal Technolo 373,100,00 Vehicle Replacement (2 Maintenance trucks, I Technolo vehicle and 1 activit 6560 bus) 1691500.00 Subtotal Vehicles 169 &-EMOMOMEN 10807,306,00 .Revenue.- I 4.491-o.000 Fund Balance Appropriation To correct revenue codes for carr of Noble electrical project due to chan loc codin of mtaina accrual: Revenue: 4.3460.076 PSBCF - Lotter Revenue 4.4810,820 2005 Bond Revenue (5,■81.00) 5o■ 81,00 nrm&, Raft SAP 0#86" 15-1-2 New Hanover County Schools B U Qb f A fti fid m e Signature of Requester Approved. Superfnfenden# arDesignse . Amount Budget Code E4.9076.8 Descry ton Dr Cr Laney Field H ouse Renova 860 T ray Repair an Re placement at . -T 4.9077.813. 529-000,945 high schools 218 Mosley - Replace floor tries i n Kitch i di n ing, aril sto rage a rea s. Re place 4.9087.813.529.355.945 as bestos containing hies with q 50,000.00 r .511 0-81 3.461 -000.933 Furniture 70,531.00 531.00 4.6540.813,481. Custadiaf Equipment 30j 611.00 4.5110.313.41 FumituretEquip Reserve 35 - 4.6401.313.432.999.911.39 Laptop Replacement - Isaac Bea r 56 - 4.5401.313.432.990.911 Workstati M Upgrades 53 109.99 Mounting Prcje rs and Mernios at 4.6491.3 13.432.999. 91 1.41 various schools 235,599.99 Vehicle Rep aciament (2 M aintenance . trucks, 1 Technology vehicle and 1 4.5539 +313.531.999.923 activity bush 13999. 4.491 9.999.999 Fund Balance Appropriation 1 Totals. (s� o 11807,306,00 11807306. O:Oj JusUficatien for Request: Detailed entry for CO BA# 7. Signature of Requester Approved. Superfnfenden# arDesignse This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 16 DEPARTMENT: Finance PRESENTER(S): Eddie Anderson, Director, Facilities Planning and Construction, New Hanover County Schools CONTACT(S): Avril Pinder, Assistant County Manager SUBJECT: Consideration of Public School Building Capital Fund Applications BRIEF SUMMARY: The Board of Education is requesting the County Commissioners approve the Public School Building Capital Fund Lottery Application in the amount of $1,304,535. The funds will come from the lottery portion of the Fund. The current unallocated balance for lottery funds for New Hanover County is $1,684,305. Roland -Grise Middle School Accessibility Various Schools Fire Alarm Panels Various Schools Carolina Beach Elementary Noble Middle School Williston Middle School Partial Roof Replacement Various Schools Hoggard High School Total $7000 $120,000 $36,546 $131,152 $834,642 $49,500 $32,695 $30,000 $1,304,535 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve application for $1,304,535 in Public School Building Capital Lottery Funds. ATTACHMENTS: Public School Building Capital Fund Lottery Applications COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 05/21/2012 16 -0 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/21/2012 16 -0 Count New Hanover 91IT1=0 1 *7 Contact Person: Eddie Anderson LEA: New Hanover County Schools Title: Director, f=acilit Plannin & Construction Address: §41 Q C rolina Be= h-R 4-41 oad-- Phoned (910) 25 28 Project Tile: Roland-Grin e 1 fidd School Asbestos Abatement and FlI R@ Location: -Roland-GrIse Middle School T of Facilit Middle School 6 -8 - 17� s th Statutaw Cifis pier i8a. pmVild66-that a n -otthe Oro the Noith rolina State Ca W"- Hind bei -NortkCaroliria-Geni m-f 0 "a r0p transferred try the bile Sohbol Butldl6 G wlf .0 S 1 =,-8 2 Forthe e,".G S - -,.I- 1504M. 2 (d) has .b - me &nded f6'In"GiWe the (3) PjO couli s h A I I his%r6 to p rome miatchin fundgv a i 00n Fort pfMacts --st-se h ob Il dmnin tmWe u a nes-n d t l o rei-re ( 4 ) A cqp ma 1691 pa for sch6a - - in too us*, mon n this jeC# InOU, V or :rschwl- mn tucHnn in stcurrod oo or after Jantiar t - -2003 indebted rem rm ( 5 ) A "unt not use.monles in this Fkind'to pay. hoo SP I te6 rise As, used. in- this section -'Publ io School .9 th Idi n g V-s ha lt inckdat n l f ftakhas for inOW (du all dscha'als that ais used for !Mtru Gtio nal and red® *05M - , aid dbes'notinclude. o-,enti* adminlstrani M. Mr. ft, nan es, ar 6ther factlit ies ApplipaWns JnuO di e -S.uh *6c( Cbnk=W yvithlit one year Mlov�f 6%, &ft offfilatp'affiviiat- to Me Short descri"on of Construction Project: Phase 11— First floor of two -stow Aass:room buildin Asbestos abatement of floor the and replacement with YCT- and carpet- . Estimated Costs Purchase of Land Plannin and Desi Services New Construction Additions / Renovations Repair Debt Pa I Bond Pa TOTAL Estimated Project Be Date. June 2012 Est. Pro Completion Date: Au 2013 We, the undersi a to submit a statemerd of state monies expended for this pro within 60 da followin completion of the pro The Count Commissioners and the Board of Education do hereb j ointl y re approval of the above Pro and re release of $ 7P.000.00 from the Public School Buildin Capital Fund ( Lotter y Distribution). We certif that the project herein described is within the Parameters of G. S. 11 5C- (or SL 2010-123). (Si Chair, Count Commissioners (Date (Si — Chair, Board of Education (Date) Board of Commissioners Meetin 05/21/2012 16-1-1 APPLICATION Approved: PUBLIC SCHOOL BUILDING CAPITAL FUND NO )ate: T of Facilit M 1ddJ q and _H Schools L 6-12)_ North- Wolina Gen'stal'Stotutet, phapter 10C, proiot&4.thit a O rtion of th"a PMCV.edi'6f th Carolina State Ldft Fund be tranaktiocitoth;sPubrieSe 6 watt G.S.-116C- ( 3 ) - 96. count :shall have to, powidO *40hin fundr. ft nits and to'refir o 4).A count use rnoni6s iftihis Fund 'te p41brS'Chdd[ cofistUction proj" 16.11ocalJ cal, a i mofttive u' indehWdness hurt f 0oliginstrtidion pr d-cii. . t- -,a r Join uac -- 20 0, J ad� incurm q ( Ai A 0 may riotuse manias irl.this FUrcf to. 4 sehoot-technoto , pa or. ed 9' A sedher� i'PW[e _860of buildin iho kjdb'o�l fabiII0601b0ndividual -so that ate. tised fOr tn6tru -m used -in this.' ' h!&-6 qddiwl and r9lated-'purpose.9, iond does riot include- C'entral. b4ministritioln, maint6nanw, or qtber fou lit ies- Appliciffwii'musk.b6 3 cf- - - Wd o W lk�ln-one' fp0d e i 6h W ri g the �W al-PiNjOlf"t 0-thel Cn 04" Yw Short description of Construction Project: _&ccessibility improvements per DPI audit of secondar schools. Purchase of Land Addifions I Renovations Repair Debt Pa / Bond Pa TOTAL $ 10,000. $110,000. 1120,0 Estimated Pro Be Date: June 2 1 1 t. Project Completion Date: A 2013 We, the undersigned, a to submit a statement of state monies expanded for this pro within 60 da followin completion of the project. The Count Commissioners and the Board of Education do hereb j ointl y re approval of the above Project, an-l' re release of $ 120,000.00,from the Public School Buildfn Capital Fund ( Liotter y Distdbution We oertif that the pro herein described is within the Parameters of G.S. 1 16C-M (or SL 2010-123 ( Si g nature — Chair, Count Commissioners ( Date ) ( Si g nature — Chair, Board of Education) (Date) Board of Commissioners Meetin 05/21/2012 16-1-2 APPLICATION Approv PU13LI C SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY ate: County: New Hanover Contact Person: on LEA: N Hanover County Schools Title; Director, FacilitM Planning & Construction Address: 6410 Carolina Beach Road Phone: 91P-I Project Title: Fire Alarm Pon t_-R cement at Various Schools Location: Colle -ge Park Eiernent -gU, Gregory Elernentary,_and beau Hanover High School Type of Facllity: Elementary and Hiah Schools (K-5, 9 -121 - • • . • • ..• ..____ N4M Garoltna Generol Statutw Char 1K prowidnbrthat a parr d h of the mceeds of the Ncrth- Carolina State L�ttery Fklnd be _. trahsfirpo tc School Building 8011th Fund i0. a=ord with G S 1 5Q -U6,2 - Further.: G I I -S 5 (dV has•teen amended to. include the Il no, _ (3) No co unty -haVe to pr de:match t 9 funds ° . (4). • bouinty may u � e n t fit - for a dl� ,•� dnI � ` r� f -W � propt rte loco {I �F dministr' #i Unit and to r fte trade ' drlea rr1 L' $ h�� Ft� R �, ojed� i ou lW a� qr r J _Ua " 1 603 a r (5) A unity may not use - metkas .irr thin l+udd to pay. f4 sbhcbl• teciinal y nom; . , g ,rs in th It o , "Public 9�to.cl' Bbildr4s" -sh# lE !nul da .etll fac[trt far,i6dlvidrtgir school that are used or�instrucridn - mo d relatdd -aur ores; acid 'dcea• not •inclu& central adrxi nistrabon, maintenar< , 'or mar faci kies 'A0Plke tionimust be _4ub6 w thin arse -ywr foll owin g the date, o ffrral pa ym ipnt tb : fhe Conftctor or Vendoi ; Short description of Construction Project: Replace obsolete fire alarm panels at various schools ir]g .1uded In Phase 11 of system -wide irriyroyernent. -plan. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Parma nt 1 Bond Payment TOTAL Estimated Project Beginning Date: June 2012 Est, Project C Date: Apol 2013 Idle, the undersigned, agree to submit a statement of state monies expended fer this project Within 60 days following completion of the project. The Dodrrty Commissione and the Board of Education do hereby jointly re a pproval of the above P roject, and request release of 36.546.00 from the Public Bchoo[ Building Capital Fund (Lottery Distribution). We certify that the project herein described is withi the Parameters of G.S. 115 "46 ( or BL 2010-123). (Signature — Chair, County Commissioners (Date) (Signature — Chair, Board of Education) (Date Board of Commissioners Meeting 05/21/2012 16 -1 -3 'U .7 LOU ,, t Count Now Hanover I Contact Person: E Anderson LEA: New Hanover Counl Sqhools Title: Director, Fadift Plannin & Construction Address: 841 Carolina Beach Road Phone: (91 0) 254A281 Project Title: g arol'I n a Beach Elemen Partial Roof Replacement Location: Carolina Beach Element fy School T of Facilit Ele School (K-5) North. Carohda 0elierill StaNtOC ChoOr 199 _'prq'vlde'6 that a: _!oftnof t46 pmeoeds of the.North Carolina t6ds- P Utberyfund be transferma to the PublieSch6ol Sdildrn 0 $p Fri ry in. acbordqnw',, with GZ, i 15G-M 2 F U rtheir_,, 0 S', t.15 -54�.2' nR5 amen -W Iriclude t his -fbflowt n- -0) N61unt .counl $]hall hAvq-to.prqV..id6 miatchjh 1 4).A caIffis use Monies 1R simdian rqjO ti� in 10091, schoo''I Ad mwnistrativ* er 6, an d itia: reti4- y this -F-Lind to pay for-schopl. rxn P Itidebtedness interred r adhool construction p�q in curted. a rt or- aft January I 200� - (5) A wun M13,Y ty - rtqt fte MON .10 es th i' 9 rund W pa fOr sctro ot.tdo4noft nee&. �6r c that .-As Us inthiawd he b Schcol.BuIldin shill tnc1Ude'-M1 Wilthe in WOual schpols at ' ' -us far ins tr uchbhal and-" 6d related b ut P oems nd does 1 induido oe ntrar aftnistrut iahp mai rUnOrtce. 0 r othr. t Noilitea' AAWicadanA m W be submiftd- Vahm one y w follawl"a 1 daft of flaol ;wYment ib the (;onftvWor.Vondor Short description of Construction project:. Pgrt roof replacement at Carolina Beach Elernenta 5 Uq of secto Al 2. Estimated Costs: F0_ M r, r. . r.Tz-rq P J I 71M FU EM = t* Addiflons / Renovations Repair Debt Pa I and Pa TOTAL $117,152, $131,152. Estimated Pro Be Innin Date: June 2012 Est. Pro Completion Date: Au 2013 Was the undersi a to submIt a statement of state monies expended fbr this pro within 61 da followin completon of the pro 9 - L ( Si g nature — Chair, Count Commissioners) (Date) (Si — Chair, Board of Education) 1 14,000C. Board of Commissioners Meetin 05/21/2012 16-1-4 (Date) A PPLIC A TION BUIL PUBLIC SCHOOL V C New Hanover Date: C ontact P erson' E - We Anderso LEA: Nqw Hanover County Schools -- _ _ _ : Director. Facility Playing & Construction. Address: 6410 Carolina Beach Road Phone: 9i 254.4201 Project Title: Noble Middle Sch2n1 as$ HVAD Replacement Location: Noble Middle School Type of Facility: Middle Schools ------- • ----, -- _ - r North PROM G Ineral. st9itute6 Chapter i8d, prowdes Ana a Perh66 the p s 'the North P na stat Lebry I~Qnd be = trwisferred to the Pu lid_ School Buddlhg, �tprtal' Pun j p' g ardance nth G - t� t�B 2: Fu G.8 �I i5C (0) has b t ��rr�ied- � r��u�e ttr� f��ldv�rrr�+� , - . -. . ' _ : • . � - _ : - . . - , r . • • , • ° . . - t - Nd c ounty. : h6l1• h ive t4: Prevjde matching funds _ • _ (4) A c un X1'1 We 1'1'�onm* in thi �und to 0i�l�.f�f schd�i1 �9�#r'uC �1 pm�@ ► �#t lo l sp�1Q� ��t�khl$� :1,�[��$ �Il�`�� fl['e ridet edr ess inctiffed for schoo rMf ron 0M inc 080 0.n'ar ice; January! ( A - un May not use man s ire. th Fund to �a� s0adl tpOhhola heed$ r As u e the �e cn, School Su<<dmge 9 lrail : mcluds b farbrlfts tbr indhvr�uai.s6hpols•thatrim used for itr�ctron l gtn rs lakd p urposes F arid. doos rrot inol Lida o6 fuel administret on m'ntensn , or othet faci 1i #yes, App# ML ubm WrMlp an fir following the data of ffnal payment to the r Confteibi ,aj Vendor. Short description of Construction Project: _ complete Wlacement of HVAC system, and s c a d electrical ,..._ Imp rovements an d upg rades to DDC controls. Alternate hid for upgra ding and rep T12 fixt with new TF fixtures. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment I Bond Payment TOTAL $1 85,000. $649,642. $,8 34.642. Estimated project Beginning Date: June 2012 Est. Project Completion Date: Aug 2013, We, the undersigned, agree to submit a statement of state monies expended for this project Within 60 days following completion of the project, The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of 834,6 . 00 from the Public School Building Capital Fund (Lottery Distribution), We certify that the project herein described is within the Parameters of G.S. 1150 -546 (or SL 2010-123). (Signature — Chair, County Cornmissionars) (Date (Signature — Chair, Board of Education) (Da te) Board of Commissioners Meeting 05/21/2012 16-1-5 APPLICATION PUBLIC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY County: New Hanover Approved: Date: Contact Person: Eddie Anderson LEA: New Hanover County Schools T168 Address: 6410 Carolina Beach Road Director Facility Plannina & Construction Prone; 12101254 Project Title: Willist Middle cho Auditorium Lighting and Electrical Improvements Location: Williston Middle School Type of f=acility: Middle chgo6 -� - - -- _- L North aralin erwerid Statutes; tapter I SO, P"rq"vtdea_ #hat a� don of the Ora ods of the North " ar�ltna tt L�e Fund bd transforred to the I��hlic fth6el Building Capital Fund ire aow. rdanc;0 with G& 1 ,56646 2 Further; 0 a 16C'W 7 (d) h tail antendod to Include the 10 1 10WI ; P 'No coup sha ha ve to pr'wide.rnsmiing rids:. r ( A edu moy -use rdont in- this Fund. to pay"fo sinhool co*rw 6ri p�je Et locai-6 ipo adnn tn Ira #iva -un�s' and Jo rOti ir�dtddrt rcrted fir• sclol crtar- Pj Ine are car sir J anuary, . A c u � gay f1� u mon irr this Fund pay fbr acboo f hwlagy rreadi. As oed -in this "sechon, "Pubiro scl ril 19411 ° inc!4 only kellc#les for individual Khools that a re " 'used.- 1br'1ih- *wcbdharl.em_d ; I o al i od pucposesv and dogs - riot rnclodo ontral afiniWatlon, rnarntanance, dr bi f*flItr Appff drrs tW t6bmi#ted � r foflowin e f ffnaf r� r �� .� -Yrn� # #+�a #die � �� l�f�� Short descOption of Construction project: �logrede/Repface in ndescent lig htipg_Md eleotdcal in #haa _ d�#ori_urn . Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions f Renovations Repair Debt Payment / Bond Payment TOTAL $ 6.909. 9.. w5lf (f�4ffi5�1U 49,500. Estimated Project Beginning Gate: J une 20 1 Eft. Project Completion Date: April 01� Vile, the undersigned, agree to submit a statement of state mercies expended #or this project within 60 days following completion of the project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of 49.590.00 from the Public School Building Capital f=und (Lottery Distribution). We certify that the project herein described is within the Parameters of G.S. 11 SC -546 (or BL 2010-123). (Signature -- Chair, County Commissioners) (Date) (Signature — Chair, Beard of Education) (Date) Board of Commissioners Meeting 05/21/2012 16 -1 -6 APPLICATION Approved: PUSLJC SCHOOL BUILDING CAPITAL FUND NORTH CAROLINA EDUCATION LOTTERY Date.- Count Mew Hanover Contact Person: Eddie Anderson LEA: New Hanover Count Schools Tide: Dlre EaCRY Plannin _&. QgnstLu-ction Address: 841 Carolina Beach Road_ Phone: 91 2644281 Pro Title: Partial Roof Replacement at Various Schools Location., Pine Valle Elem _13 I Ele L rnenta [y , Gre -EleMenigr Williston Middle S • T of Facilit Elementa g nd -Middle -Schools _ North Caroitne Qon 11;. Chapter 18C� p tt portion of th.0 pradeeds. of the North Caroliria StaW LdtWr -Fu -be'. tmnsftrred -to tho Puft Schpol Build n9• Cippital, Fund 0 act. OW0010 - VAtftQ-&'.: I 1-5C-54-6.2, Further, Q.S,- 11-5C-646,2 �dY-hll' ..866ndedtP';nc1ude-the fbit"oWin (3 No count shaill havt to p.r�viip.0-makhi rift 19 .4. monies.inthis-Fun '-tD o.ayfor'schqoloDn3tructiori'pro low!'ach'of adcrlinitttvtiVe units, inct t� ire' . d fndebtedneos-t'neurred-for:'Bchd.oloomtru ion-pro3odsiricOrted-orfotafte.rqiion orj"I • U fa � �t}�� , � . @) .Acd nt a not.u$e tnorlift in th mil-fund to. pa r schoot tachtiolo A -used in o this Sr -1 `004 - cl re - uso fo motrudhrial and - is sec P hoo - B uildin g s' - n la ds onl faciWee for individualachicals that a r mlated.puqbeas, apd dais's riot mdude' cantra(adiWn1dtr'-9't'on,, rimtritemn =* or ofte-ftdifthes, A Icatioiks, must be a ppl W dt V t thb Co L f #ngi pa to ahvcW Ven thin y arr fbilb win l Mo do to o Short descripton of Construcdon Project: Partial Roof replacement per annual surve and roof marig plan. Estimated Costs: Purchase of Land $ Plannin and Desi Services New Construction Additions / Renovations $32,695. Repair $ Debt Pa I Bond Pa I TOTAL $32,696. Estimated Project Be Date: June 2012 Est, Project Completion Date: April 2013 We, the undersi a to submit a statement of state monies expended for this pro within 60 da Ibilovain complebon crf the project. The Count Commissioners and the Board of Education do hereb j ointl y re approval of the above Project, and re release of from the Public School Buildin Capital Fund (Lotter Distribution We certif that the pro herein described is within the Parameters of G.S. 115L -646 ( or SL 2010-123 ( Si g nature — Chair, Count Commissioners ( Date ) ( Si g nature — Chair, Board of Education ( Date ) Board of Commissioners Meetin 05/21/2012 16-1-7 APPLIC PUBLIC SCHOOL BUILDING CAPITAL FUNJ N C E County: New Hanover LEA: New Hanover: County Schools �..� Address: M10 Carolina Beach Road ` # 'i=P1 ; Contact Pe rson: Eddie Anderson Title: Director, Pacillty Plenn.Ing & Construction -- (g1 o) X54 -4281 Project Title. Hoonard High School RojaceMent of Gyro E?dqngor Doors Location: 11gggard High S phool . Type of Facility: High School (9-12) North r C.gro"knit. artaraR Statutes. Chapter I8C, prcvrdes -tnv t a .art an, of the pro sds - of the Kerth atal nip, SWe -Lo F. FtInd `fie _J h af6trad to the P u blic. School BU lding ap�tal_ r-4nd ro an : {, i f=urther 1 hoe beetv and to incl the fcl,Couwrwi - ti .,N our�t : ttali ham #c pride` MMOhng�Wi ds :. (4 - A cou Tay pse r�o� �r�.i�i �wi� t� -pay r schpai narrstrudicr~ projects [t .low[ h�l adMir�is #ratwo unit and t� reffr� nddbWhesa 1�urmd .r school constrkboh p tbj eco, i kuried 0' - or sl6r Janua 1. 200 _ ( A 00unty May not usix. man se - thi Fund to pa for ac hao[ ta6hriold eekds s , • . i { As used. in tnts sea6�h, uPubIR School Buildinge-sh911 lriclu Ip atw[y= l[ iea for i6dhAdualsq. had[s•t t usdd f ar nstudcipal'and -. . re[atsd wut'Pa s, •NnJ qqes n6t tnclucle cohtml 00rninist kbn rM ain rkarl t or sr faarlrtres A0p119Wdrrs- rrruit ba br wNho 606 year fp1lo ng the - daft of fihitf Pam el� t to th e Cow Mwftr or Vo ndiar` . Short description of Construction Project: Replacement of ,qx_tqdgr_d90 [§., LraMes, and hardwar f.g.ym building at Ho erd Hi h School. Estimated Costs: Purchase of Land Planning and Design Services New Construction Additions / Renovations Repair Debt Payment/ B ond Payment TOTAL 3,000. -.. $3 0,000. Estimated Project Beginning Date: June 2012 Est. protect Completlon Date: 8pol 2013 W e. the undersigned, agree to submit a statement of state monies expended for this Project within 60 days following completion of the Project. The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and request release of 0,000.00 from the Public School Building Capital Fund (Lottery Distribution). We certify that the project herein dewibed is within the Parameters of G.S. 11 5C-546 (or SL 2010-123). (Signature -, Chair, County Commissioners) (Date) (Signature — Chair, Board of Education) (Date) Board of Commissioners Meeting 05/21/2012 16 -1 -8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 17 DEPARTMENT: Finance PRESENTER(S): Eddie Anderson, Director, Facilities Planning and Construction, New Hanover County Schools CONTACT(S): Avril Pinder, Assistant County Manager SUBJECT: Consideration of the Board of Education's Request that the Board of County Commissioners Approve Their Application for Reallocation of Qualified School Construction Bonds (QSCB), Part of the American Recovery and Reinvestment Act of 2009 (ARRA), Funds in the Amount of $706,704.13 BRIEF SUMMARY: In June 2010, the Board of Commissioners approved the Board of Education's request to apply for American Recovery and Reinvestment Act of 2009 (ARRA) funds through a no interest loan in the amount of $4,925,744. The State Board of Education approved the allocation of Qualified School Construction Bonds (QSCB) to fund the following projects: Bradley Creek Elementary Virgo Middle School Wrightsboro Elementary Trask Middle Williston Middle Roland -Grise Middle Except for Wrightsboro Elementary, all projects are complete and there is a balance remaining of $706,704.13 that may be reallocated to fund other school's capital needs. The Board of Education desires to use the savings to partially fund HVAC replacement at Noble Middle School. The total project budget is $1,541,346. Funding is proposed through the NC Educational Lottery in the amount of $834,642 and QSCB in the amount of $706,704. In order to reallocate $706,704.13 of the QSCB funds, a new application must be approved by the Board of Commissioners and submitted to the State Board of Education. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Qualified School Construction Bond Application and authorize the Chairman to sign the necessary documents related to the application. Board of Commissioners Meeting 05/21/2012 17 -0 Board of Education Resolution and Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/21/2012 17 -0 119 IOU NEW HANOVER COUNTY BOARD of EDUCATION WHEREAS, the State Board of Education through tile Department of public Instruction authorized Qualified School Construction Bonds CB) in the amount of $4,925,744 to New Hanover County Board of Education; and WHEREAS, the Board of Education funded and completed roof replacement and/or renovation projects at six schools utilizing these funds; and WHEREAS, there is a remaining balance or savings in the amount of $706,704.13 that may be reallocated to fund other schools' capital needs: and WHEREAS, the school system, through its long range planning efforts and the annual capital construction budget process has identified H AC replacement, associated electrical improvements and upgrading the DDC controls at Noble Middle School as a high priority; and WHEREAS, it is the intent of the Board of Education in cooperation with the New Hanover County Commissioners, to submit a new project application to reallocate the remaining QSCB funds to partially fund these improvements at Noble Middle School; IT IS THEREFORE RESOLVED: New Hanover County Board of Education hereby certifies that the QSCB proceeds will be used for the construction, rehabilitation or repair of the aforementioned projects and that they are eligible projects for the program. Resolved the 1' day of May 2012. New Hanover County Board of Education I Donald S. Hayes, Chairman Attest; Dr. Tiro Markley, Superintendent Board of Commissioners Meeting 05/21/2012 17 -1 -1 QUALIFIED SCHOOL CONSTRUCTION BONDS PROGRAM (QSCB) APPLICA F OR AUTHOR IZATION Submittal Date: May 1, 2012 Contact person: Eddie Anderson LEA: New Hanover Co. Schools Title: Director, Facility Planning & Const. School: Noble Middle School Address: 6410 Carolina Beach load Address: 6520 Market Street City: Wilmington City* Wilmington Phone/Fax: 910.254.4281/91 0.254.423 8 New 1 Renovation/Addlition E -mail; eddie.anderson@nhes.net Certification of Eligibility The Board of Education of the above -n=ed LEA certifies, through a board resolution dated 5/1/12 , that the QSCB proceeds will he used as follows: Note: A cqpy Lfthe resolution must accomEEny this application. 1. Construction, rehabilitation, or repair of a public school or for land acquisition for such a facility (not land for a future project). 2. Provision of equipment to be used in the portion of the public school facility to be constructed, rehabilitated, or repaired with QSCB fands (not personal computers or similar technology). Dote: A copy of the Project description, proposed spendingplan andpro, jest schedule must accompany this application. County Board of Commissioners Chair Clerk Date Please return original via certified mail to: CB School Planning Section North Carolina Department of Public Instruction 6319 Mail Bence Center Raleigh NC 27699 --6319 Board of Commissioners Meeting 05/21/2012 17 -1 -2 Pudic Schools of North Carolina Qualified School Construction Bonds Program (QSCB) PROJECT DESCRIPTION LEA New Hanover County Schools School Noble Middle School Project Description: Provide a }grief narrative that describes the project being applied for. Complete replacement of the existing HVAC system, associated electrical improvements and upgrades to the DDC controls. This is phase one of a two phase project. This first phase will include the core classroom portion of the school, A future phase two, not mncluded in this application nor currently funded through any ether sow, will include elective classrooms, administrative offices and assembly spaces, Board of Commissioners Meeting 05/21/2012 17 -1 -3 Public Schools of North Carolina Qualified School Construction Bonds Prograrn (QSCB) PROPOSED SPENDI PLAN AND. PROJECT SCHEDULE LEA New Hanover County Schools - - -- -- - - Date lay 1 2012_ IDEA Code 650 School Code 350 DSP Property Number (if known ) _ .. School Noble Middle School Grades 6 -8 Proposed Spend Administration cost/Bond issue costs (max 2 %) N/A Design fees _1 - - -- New construction cost N/A Renovation cost $1,404,763.00 Land cost N /A. Total project cost $1,541,346 Amount of QSCD authority requested $706.,704.13 {Applied to Renovation Cost Onl Other sources of funding and amounts for overall project NC Education Lg ery $834 .,641,87 (Note; Funds and reporting are NOT allowed to he comingled) 1 To comply with the Federal QSCB requirements, we understand that a connrnitment mx the form of contracts for the work for 10% of the funds must he made within 6 months and the remainder must he a spent within 3 years after the issue of QSCB bonds. $igaed Provide a written explanation, clearly shoving the means by which the district intends to repay the bond principal upon maturity. Proposed Project Schedule Date of design start _ ..1 h 2012 Date of project Mart ,_March 1, 2 013 m Estimated completion date December 31, 013 Board of Commissioners Meeting 05/21/2012 17 -1 -4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 18 DEPARTMENT: Emergency Management PRESENTER(S): Warren Lee, Emergency Management & 911 Communications Director CONTACT(S): Warren Lee, Emergency Management & 911 Communications Director SUBJECT: Approval to Submit an Energy Assurance Grant Agreement to the NC Department of Commerce, State Energy Office BRIEF SUMMARY: New Hanover County has been selected to participate in an Energy Assurance pilot project with the NC State Energy Office and the City of Wilmington. The pilot project will consist of a radio frequency fuel tank measurement project involving three City of Wilmington underground storage tanks and development of an Energy Assurance Plan (Emergency Support Function 12 ( "ESF -12 ")) for New Hanover County. The goal of the pilot project is to improve fuel planning efforts within North Carolina by allowing the State Energy Office to access information about the fuel consumption patterns of local and county governments. This information will enhance the State Energy Office's understanding of how motor fuels are consumed across the State, improve awareness and ultimately lead to improved energy assurance planning by local governments and the State. The $10,000 grant will be administered by Emergency Management. We will hire a temporary part -time employee to write an Energy Assurance/ESF 12 plan and work with the City of Wilmington and the State Energy Office to conduct the pilot fuel monitoring project. This grant requires the County to fund the project and submit invoices to the State Energy Office for reimbursement. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public /private partnerships • Collaborate on regional planning RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve acceptance of the grant and adopt the ordinance for budget amendment 12 -234. ATTACHMENTS: Smart Grid Program Grant Agreement B/A 12 -234 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 05/21/2012 18 -0 Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -1, Commissioner Catlin dissenting. Board of Commissioners Meeting 05/21/2012 18 -0 NC DEPARTMENT OF COMMERCE, STATE ENERGY OFFICE SMART GRID PROGRAM GRANT AGREEMENT FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 Grantee Name Federal tax ID number Agreement # NEW HANOVER COUNTY 566000324 12- EA -RF -05 Principal Place of Business 230 Government Center Drive WILMINGTON NEW HANOVER NC 28403 The North Carolina Department of Commerce (the "Agency "), through its State Energy Office ( "SEO "), is establishing a pilot radio frequency (RF) fuel tank measurement project (the "Project ") in order to improve fuel planning efforts within North Carolina (the "State "). This Project will allow the SEO access to information about the fuel consumption patterns of local and county governments (including Grantees) who participate in the Project., This information will enhance the SEO's understanding of how motor fuels are consumed across the State, improve awareness and ultimately lead to improved energy assurance planning by the Grantees and the State. The Project will include the installation of RF monitors on fuel tanks owned by local and county governments and provide information on fuel levels to authenticated users through a secure world wide web ( "WWW ") portal. The monitored fuel volumes can then be analyzed to identify trends and patterns in consumption over time. Grantees will benefit from this initiative by gaining access to real time reporting of fuel volumes, education on energy assurance, and technical assistance developing their jurisdiction's Emergency Support Function 12 ( "ESF -12 ") plan for addressing energy emergencies. The Project will also enhance the Grantees' contingency planning efforts by increasing institutional knowledge of energy requirements and resources. The SEO intends to analyze the individual and aggregate data in order to understand fuel consumption trends by region and by size of the municipality during normal and emergency operations. The data will be used to assist in the development of an enhanced petroleum shortage emergency plan at both the municipal and state level. In order to further these purposes, this Agreement is hereby entered into by and between the Agency and New Hanover County (referred to collectively as the "Parties "). 1. Agreement: This Agreement includes and incorporates in their entirety, the following documents: a. Attachment A: Scope of Work b. Attachment B: Budget c. Attachment C: United States Department of Energy ( "DOE ") Award Agreement DE- 0000051, as the same may be amended from time to time d. Attachment D: Federal Certification Regarding Lobbying, Debarment, and Drug -free Workplace e. Attachment E: North Carolina Office of Economic Investment and Recovery Act Requirements f. Attachment F: List of Grantee's Fuel Tanks to Be Included in the Project The Agreement constitutes the entire agreement between the Parties and supersedes all prior oral or written statements or agreements. 2. Conflicting Provisions. To the extent that any provision of this Agreement is determined to be in contradiction of, or in conflict with any Federal or State law or regulation, the Federal or State law or regulation shall control, and all applicable Federal and State laws and regulations are incorporated herein by reference. If there are multiple amendments to this Agreement, the most recent amendment shall have the highest precedence and the oldest amendment shall have the lowest precedence. 3. Award Amount: The total amount of the award to the Grantee shall not exceed $10,000 (the "Award Funds "). Disbursement of all or any portion of the Award Funds is subject to the availability of funds from the DOE Award Agreement. This amount consists of: Board of Commissioners Meeting 05/21/2012 18 -1 -1 $10,000 in U.S. Department of Energy Federal Funds (CFDA # 81.122) [ X ] a. There are no matching requirements from the Grantee. [ ] b. The Grantee's match /leverage requirement is $ , which shall consist of: [ ] In -kind [ ] Cash [ ] Cash and /or In -kind 4. Term: This Grant Agreement is effective the 1 st day of May, 2012 by and between the Grantee and the Agency and shall terminate on May 31, 2013. All Award Funds must be expended and the Project completed by the termination date. 6. Payment Provisions: No later than the 5 calendar day following the end of each month during the effective period of this Agreement (even if no reimbursement is requested for a given month), the Grantee shall submit to the Agency a reimbursement request for approval by the Agency using a reimbursement request form provided by the Agency and including back up materials and supporting documentation. The Agency shall endeavor to pay to the Grantee within 30 days from the receipt of any invoice an amount equal to all costs eligible for payment under this Agreement and applicable laws and regulations. However, the Agency will not make any payment to the Grantee if the Grantee has not fulfilled all reporting obligations owed to the Agency at the time payment to the Grantee is due. If this Agreement is terminated, the Grantee shall complete a final accounting report and return any unexpended funds to the Agency within 60 days of the Agreement termination date. The Agency shall have no obligation for payments based on expenditure reports submitted later than 60 days after termination or expiration of the Agreement period. 7. Reporting Requirements: Reporting Requirements: The Grantee shall submit a narrative report describing the status of the project, accomplishments for the reporting period, and plans for the following quarter on the following due dates: Report Period: April 2012 — June 2012. Report due date is July 5 t ", 2012 Report Period: July 2012 — September 2012. Report due date is October 5 2012. Report Period: October 2012 — December 2012. Report due date is January 5 2013 Report Period: January 2013 — March 2013. Report due date is Jul 5 2013 Report Period: April 2013 — June 2013. Report due date is July 5 , 2013 The Grantee shall complete the report template provided by the Agency. 8. Property Access: Grantee shall permit the Agency reasonable access to the Project for monitoring and inspections by the Agency and if applicable, monitoring and verification of the energy efficiency or the renewable energy generation of the Project. Grantee acknowledges that additional state and federal officials have rights to access the Project, and records related thereto, as specified in the terms and conditions in Attachment C. 9. Historic Preservation: Prior to the expenditure of Award Funds to alter any structure or site, the Grantee is required to comply with the requirements of Section 106 of the National Historic Preservation Act ( "NHPA ") Pursuant to the DOE Award Agreement. Grantee shall contact the Agency before altering any site or building and shall cooperate with the Agency to ensure that NHPA requirements are satisfied. Board of Commissioners Meeting SEP Grant Agreement — FY 2011 -12 05/21/2012 Page 2 of 24 18 -1 -2 10. Certifications regarding Lobbying, Debarment, and Drug -Free Workplace: Grantee shall not expend any Award Funds, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. Moreover, the Agency is restricted from granting federal funds to an entity who is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. In addition, Grantee and its contractors and subcontractors are ineligible to receive funds disbursed under this Agreement if such entity(ies) are debarred pursuant to State law. Finally, the Grantee must comply with the drug -free workplace requirements in 2 CFR Part 182. Grantee acknowledges that the certification attached as Attachment D must be filed with the Agency before the Agency may disburse any payment under this Agreement. 11. Contract Administrators: All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Party's Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' respective initial Contract Administrators are set out below. Either Party may change the name, post office address, street address, telephone number, fax number, or email address of its Contract Administrator by giving timely written notice to the other Party. For the Agency: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Robert Mielish Robert Mielish, Contract Administrator State Energy Office State Energy Office Mail Service Center 1340 1830A Tillery Place Raleigh, NC 27699 -1340 Raleigh, NC 27604 Telephone 919 - 733 -2230 Fax 919- 733 -2953 Email bmielish@nccommerce.com For the Grantee: IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS Warren Lee Warren Lee 230 Government Center Drive Suite 115 230 Government Center Drive, Suite 115 Wilmington, NC 28403 Wilmington, NC 28403 Telephone 910- 798 -6900 x4 Fax 910- 798 -6904 Email 12. Supplementation of Expenditure of Public Funds: The Grantee agrees that funds received pursuant to this Agreement shall be used only to supplement the total amount of federal, state and local public funds that the Grantee otherwise expends for the Project. The Grantee shall not supplant any federal, state, or local public funds that the Grantee has previously allocated for the Project. Funds received under this Agreement shall be used to provide additional public funding for such services; the funds shall not be used to reduce the Grantee's total expenditure of other public funds for such services. 13. Disbursements: As a condition of this Agreement, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: a. Implement adequate internal controls over disbursements; b. Pre -audit all vouchers presented for payment to determine: Validity and accuracy of payment • Payment due date • Adequacy of documentation supporting payment • Legality of disbursement c. Assure adequate control of signature stamps /plates; d. Assure adequate control of negotiable instruments; and e. Implement procedures to insure that account balance is solvent and reconcile the account monthly. Board of Commissioners Meeting SEP Grant Agreement — FY 2011 -12 05/21/2012 Page 3 of 24 18 -1 -3 14. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Agreement that have been outsourced to other countries, if any. Grantee further agrees that it will not outsource any such jobs during the term of this Agreement without providing notice to the Agency. 15. Source and Availability of Funds. The funds granted to the Grantee pursuant to this Agreement are provided through a grant by the United States Department of Energy ( "DOE ") to the State Energy Office (the "SEO) within the Agency. Any and all payment of grant funds or the continuation thereof is contingent upon funds for this purpose being provided solely by DOE. The Parties agree and understand that the payment of any grant funds is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Agency. 16. Recovery of Grant Funds. The Grantee acknowledges and accepts the Agency's absolute right in its sole discretion to withhold, discontinue, or recover in part or in full any monies awarded or distributed pursuant to the Agreement if it is determined that the Grantee has engaged in unlawful conduct or if the Grantee fails to comply with the terms of the Agreement. If an audit determines that the Grantee expended the grant funds improperly or that the Grantee has failed to comply with certifications, representations, warranties and covenants made for the grant funds, or that the Grantee has failed to keep records and provide access to such records as required by the Agreement, the Grantee shall, at a minimum, be required to reimburse the Agency, and the Agency may pursue such other action as it deems appropriate. The federal government may also recover grant funds disbursed hereunder for failure to comply with applicable laws, regulations, the DOE Award Agreement, and may pursue such other action as it deems appropriate. 17. Public Records and Confidentiality. To the extent that any information or documents provided to the Agency by, or on behalf of, the Grantee would be regarded as confidential or not subject to disclosure under federal law or the North Carolina General Statutes (including, without limitation, N.C. Gen. Stat. §§ 132 -1 et seq., commonly referred to as the "Public Records Act "), the Grantee shall clearly identify and mark it as such and that information will, to the extent allowed by law, be treated as confidential and not subject to disclosure by the Agency. The Grantee has read and understands North Carolina's laws regarding the treatment of public records and confidential information. Anything that qualifies as a trade secret under North Carolina law must be designated as "confidential" or "trade secret" at the time of initial disclosure to the Agency, or it is considered a public record under State law. 18. Termination of Agreement; Survival. If, through any cause, the Grantee fails to fulfill its covenants and obligations under this Agreement in a timely and proper manner, or any representation or warranty made by the Grantee is shown to be false or misleading, then the Agency shall have the right to terminate this Agreement by giving written notice to the Grantee and specifying the effective date thereof. The filing of a petition for bankruptcy by the Grantee shall be an act of default under this Grant Agreement. Upon termination, the Agency's obligation to disburse any grant funds shall cease. In addition, the Parties may terminate the Grant Agreement by mutual consent with 60 days notice to the other Party, or as otherwise provided by law. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive termination unless specifically provided otherwise herein, or unless superseded by applicable federal or State statutes of limitation. 19. Reversion of Unexpended Funds. Any unexpended award funds shall revert to the Agency upon termination of this Agreement. 20. Procurement. Grantee must comply with the procurement regulations in 10 CFR 600.236. Grantee further acknowledges and agrees that any property purchased with funds from this Agreement are governed by 10 CFR 600.231 through 600.233 and the Policy and Procedures Manual. See also the "Property" provisions of the DOE Award Agreement. 21. Equal Employment Opportunity. The Grantee shall comply with all federal and State laws relating to equal employment opportunity. 22. Travel Expenses. Reimbursement to the Grantee for travel, mileage, meals, lodging and other travel expenses incurred in the performance of this Agreement shall be reasonable and supported by documentation. State rates should be used as guidelines. International travel shall not be reimbursed under this Agreement. 23. Sales /Use Tax Refunds. If the Grantee or its contractors and subcontractors receive a refund of any sales and use taxes paid by them in the performance of this Agreement, the Grantee or its contractors and subcontractors shall not be eligible for reimbursement pursuant to this Agreement for such refunded taxes. Board of Commissioners Meeting SEP Grant Agreement — FY 2011 -12 05/21/2012 Page 4 of 24 18 -1 -4 24. Compliance with the Copeland "Anti- Kickback" Act (18 U.S.0 874). Grantee and its contractors and subcontractors shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in the Agreement. 25. Record Retention. The Grantee shall maintain records and accounts that properly document and account for the use of the grant funds and the fulfillment of the Agreement for a minimum of five (5) years after the date of the award, or until all audit exceptions have been resolved, or until resolution of any litigation, claim, negotiation, audit, disallowance action or other action involving the Agreement that has been started before expiration of the five -year period, whichever is longer. Federal policy and applicable regulations regarding record retention in 10 CFR Part 600 may require that records be retained for longer than five (5) years. The Grantee shall comply with the audit policies of the State and federal government with respect to disposition of the grant funds and shall comply with the certifications made as a condition of the Agreement. The Grantee shall promptly provide the Agency with copies of reports on any audits that review the use of the grant funds. 26. Access to Persons and Records. The Office of State Budget and Management, the State Auditor, other State auditors, and the Agency shall have access to persons and records of the Grantee, and the right to inspect, copy, audit, and examine all of the relevant books, records, and other documents relating to the Grant and fulfillment of the Agreement for the time period specified for retention in paragraph 25 above. The Grantee shall make such records available upon demand of a duly authorized representative of the State Auditor, or the Agency. In addition, any representative of the United States Inspector General or of the Comptroller General may examine any of the Grantee's or Sub - grantee's or contractor's records, or records of other firms working on the project for which the Award was made. The foregoing may also interview any of the Grantee's (and Sub - grantee's and contractor's or other firm's) employee or officers working on the project for which this Award was made. 27. Waiver of Default. Failure of the Agency at any time to require performance of any term or provision of the Agreement shall in no manner affect the rights of the Agency at a later date to enforce the same or to enforce any future compliance with or performance of any of the terms or provisions hereof. No waiver of the Agency of any condition or the breach of any term, provision or representation contained in the Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of that or any other term, provision or representation. 28. Assignment. Grantee shall not assign any of its rights or obligations under the Agreement. 29. Choice of Law, Jurisdiction, Venue. The validity of the Agreement and all of its terms and provisions, as well as the rights and duties of the Parties, are governed by the laws of the State of North Carolina. The Grantee agrees and submits, solely for matters concerning the Agreement, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of the Agreement and all transactions and agreements relating to it, and their sites and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, interpretation, and enforcement shall be determined. 30. Time is of the Essence: Time is of the essence in the performance of this Agreement. 31. Amendment: This Agreement may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives of the Agency and the Grantee, except that, from time to time, DOE issues (i) amendments and clarifications to the DOE Award Agreement and (ii) implementing guidance for the Project, all of which shall be binding on the Grantee without additional written amendment to this Agreement. 32. Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors. Enforcement of the terms and conditions of the Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the Agency, the State Auditor and other State entities, and the Grantee, and their respective successors and assigns. Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person (other than the Agency, as specifically provided herein). It is the express intention of the Agency and Grantee that any person or entity, other than the Agency or the Grantee, receiving services or benefits under the Agreement shall be deemed an incidental beneficiary only. 33. Entire Agreement. This Agreement constitutes the entire agreement between the Parties as to the matters set forth herein, and supersedes all prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof. 34. Interpretation of Agreement. Each Party acknowledges that, in executing the Agreement, such Party has had the opportunity to seek the advice of independent legal counsel, and has read and understood all of the terms and Board of Commissioners Meeting SEP Grant Agreement — FY 2011 -12 05/21/2012 Page 5 of 24 18 -1 -5 provisions of the Agreement. This Agreement shall not be construed against any Party by reason of the drafting or preparation thereof. 35. Severability. If any provision or part of the Agreement is held to be invalid, illegal or unenforceable, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable, and the validity, legality or enforceability of the remainder of the Agreement will not in any way be affected or impaired, but shall remain in full force and effect, unless the invalidity, illegality or unenforceability completely nullifies the Agreement. 36. Limitation on State's Liability. Neither the Agency or any State entity, department, board, or subdivision, shall be liable in any manner whatsoever to any person, other than the Grantee with respect to explicit commitments under the Agreement. The Grantee's rights, if any, with respect to grant funds arise solely out of the Agreement, and it has no independent right or claim to receive grant funds apart from any right or claim which may arise under the Agreement. 37. Indemnification. The Grantee agrees to require its contractors and subcontractors to indemnify and hold harmless the Agency, the State, and all State officers, agents and employees, from any claims of third parties arising out of any act or omission of its contractors and subcontractors in connection with the performance of the Agreement. 38. Force Majeure. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. 39. Contractors and Subcontractors. Any contractor or subcontractor of the Grantee shall be subject to all applicable conditions of the Agreement, including but not limited to audit requirements. The Grantee shall be responsible for the performance of all of its contractors and subcontractors and shall not be relieved of any of the duties and responsibilities of the Agreement. The Grantee is responsible for ensuring that all contractors or subcontractors provide all information to the Grantee and the Agency necessary to permit the Grantee to comply with this Agreement. 40. Headings. The section and paragraph headings in the Agreement are not material parts of the agreement and should not be used to construe the meaning thereof. 41. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. Board of Commissioners Meeting SEP Grant Agreement — FY 2011 -12 05/21/2012 Page 6 of 24 18 -1 -6 In Witness Whereof, the Grantee and the Agency have executed this Agreement in duplicate originals, with one original being retained by each party. The Parties agree that this Agreement is executed under seal for purposes of any statute of limitations. NEW HANOVER COUNTY FOR RF FUEL MEASUREMENT PROJECT Signature Date Printed Name WITNESS Title Signature Date Printed Name DEPARTMENT OF COMMERCE Title Signature Date Printed Name WITNESS Title Signature Date Printed Name Title Board of Commissioners Meeting SEP Grant Agreement — FY 2011 -12 05/21/2012 Page 7 of 24 18 -1 -7 Attachment A Scope of Work The Project is part of the Enhancing State Government Energy Assurance Capabilities and Planning for Smart Grid Resiliency ( "Energy Assurance ") that was funded with funds appropriated by the American Recovery and Reinvestment Act of 2009 (ARRA) Pub. L. 111 -5, (the "Recovery Act "). Energy Assurance is one of many initiatives funded by the U.S. Department of Energy ( "DOE "), Office of Electricity Delivery & Energy Reliability. Energy Assurance focuses on the development of new or the refinement of existing energy emergency plans, to integrate new energy portfolios and new energy applications into the Energy Assurance plan. The Energy Assurance initiative endeavors to enhance the resiliency of the states' energy sector and the thrust of the SEO effort is to facilitate recovery from disruptions to the energy supply system. In order to achieve this end, the SEO endeavors to increase its understanding of state and municipal government fuel consumption trends within the State of North Carolina (the "State "). Information derived from the Project will enhance the common operating picture known as the N.C. State Preparedness And Response Tracking Application ( "NC SPARTA" or "WebEOC "). The Project will identify the location of municipal and State owned fuel tanks, measure, record, transmit, track, and display the volume of transportation fuels contained in the measured tank(s) via a secure WWW portal. The data will provide situational awareness of fuel supplies "in the ground" at the municipal and State government fuel sites to authorized users in the course of daily and emergency operations. Additionally, the data will aid in the development of a comprehensive petroleum shortage emergency plan. In June of 2011, the SEO, in cooperation with the North Carolina Division of Emergency Management, developed and conducted a survey to understand the consumption, storage, procurement, measurement and planning of gasoline and diesel transportation fuels at the municipal level. The instrument was delivered electronically to county, city and town managers and emergency management coordinators through the North Carolina League of Municipalities, the North Carolina Association of County Commissioners, and the North Carolina Division of Emergency Management. The SEO then collected and analyzed the responses, and contacted those respondents who indicated they had fuel storage tanks to inquire about their interest in a potential RF fuel measurement project. A portion of the respondents who indicated that they owned fuel tanks also indicated that they would be willing to participate in a pilot project. The SEO then applied for and obtained a National Environmental Policy Act (NEPA) categorical exclusion for the potential Project sites. The Project is a small pilot that contains a cross section of North Carolinas cities, towns and counties in the east, central and western region. The population of the jurisdiction of the Grantees ranges from 5,000 citizens to an excess of 100,000. The variety will enable the SEO to apply the data to like sized communities and draw conclusions that will assist in future planning efforts. Scope: The scope of work for the Project will include the installation of a RF or cellular telephone frequency range measurement device(s) on the Grantee's gasoline or diesel tanks to provide real time measurement and reporting of the Grantee's transportation fuel volumes. The data obtained from the Grantee's fuel tanks will be used by the Grantee to develop an emergency fuel plan for the Grantee's jurisdiction. The Project is limited to municipal gasoline and diesel tanks and shall not include commercial fuel tanks. II. Project Tasks and Deliverables: Task 1: Identify an ESF -12 coordinator The Grantee shall identify and utilize an existing employee or recruit, select, and hire an employee or intern who has the appropriate skills to develop the draft and final ESF -12 plan. The intent is to develop institutional knowledge of the Grantee's energy needs and to develop the ESF -12 plan. np.iivPrnhIP .q - The Grantee shall nominate an ESF -12 coordinator. The Grantee shall provide advertisement or back -up documentation reflective of the existing employee or the recruitment, selection, and hiring of an employee or intern. Completion Date: May 31, 2012 Task 2: Train Grantee's Staff on Energy Assurance and ESF -12 Board of Commissioners Meeting 05/21/2012 18 -1 -8 Page 8 of 24 The SEO will provide the Grantee with Energy Assurance and ESF -12 training to senior leadership, administrators, emergency managers, and others as the Grantee deems appropriate (the "Staff') who have responsibilities that affect the Grantee's consumption, measurement and procurement of transportation fuels such as gasoline and diesel and the procurement of adequate energy resources to support essential functions under adverse conditions. The training will be designed to educate the Staff about Energy Assurance and ESF -12, the State's energy assurance plans, and the development of the plans by the Staff on behalf of the Grantee for energy emergencies that have the potential to affect essential functions (the "EA Plan "). nPIivPrnhIP .q - The SEO will develop and deliver training to the Staff. The training will provide the Grantee with the background knowledge required to develop an ESF -12 plan. The SEO will provide copies of the North Carolina Energy Assurance Plan and the North Carolina ESF -12 plan as reference material. Completion Date: June 30, 2012 Task 3: Deliver, Install and Operate RF Fuel Monitors This task is the focus of the SEO's energy assurance efforts to improve the awareness of municipal fuel consumption trends. The SEO shall identify a vendor who will acquire, deliver, install, and train necessary personnel on the operation of the RF fuel monitor and the secure WWW portal. The Grantee shall provide reasonable access to the fuel tanks identified in Attachment F so that the vendor may install the RF fuel monitor and secure WWW portal, and operate and maintain the fuel monitor and WWW portal through the term of this Agreement. This task will enable the Grantee and the State to analyze gasoline and diesel consumption trends. The data will be maintained in a secure web portal accessible by the Grantee and the SEO. The data may also be viewed in the NC SPARTA or WebEOC in times of State Emergency Response Team activation. nPIivPrahIP -q - The SEO shall provide a vendor who will deliver, install and operate the RF fuel monitor and provide the necessary training to acquire data for analysis to the grantee. Completion Date: July 31, 2013 Task 4: Develop Draft Energy Assurance /ESF -12 Plan The Grantee shall utilize the resources provided during the Energy Assurance training and provided technical assistance to develop a draft ESF -12 Plan. The draft ESF -12 Plan shall follow the template provided to the Grantee by the SEO. The draft ESF -12 Plan shall address all components of the template to include a plan for utilizing the data obtained from the RF fuel monitoring effort, and a plan to acquire necessary additional supplies or to extend the life of the available supply through conservation measures. Deliverables: The Grantee shall deliver the draft ESF -12 Plan to the SEO electronically for the review and approval of the SEO. Completion Date: November 30, 2012 Task 5: Analyze and Incorporate Data Acquired From the RF Fuel Monitor Into Final Energy Assurance /ESF -12 Plan The Grantee shall utilize the resources provided through the Energy Assurance training and the data obtained from the RF fuel monitoring effort. The Grantee shall determine the minimum daily, weekly and monthly average consumption of gasoline and diesel products during normal operations and emergency operations, if applicable. A minimum day(s) of supply should be identified as a reserve for use during a fuel supply disruption. nP- iivPrnhIP .q - The Grantee shall analyze the data obtained from the RF fuel monitor and identify the daily, weekly and monthly consumption of gasoline and diesel products during normal operations and emergency operations, if applicable. The Grantee shall utilize the data to develop a contingency plan that identifies a minimum volume of gasoline and diesel product that must be maintained in order to continue essential services during a fuel supply disruption. The Grantee shall provide this analysis in a separate document from the ESF -12 Plan. Completion Date: November 30, 2012 Task 6: Develop Final Energy Assurance Plan Board of Commissioners Meeting 05/21/2012 Page 9 of 24 18 -1 -9 The grantee will utilize the resources provided through the Energy Assurance training, the data collected during the RF fuel monitoring initiative, and the technical assistance provided by the SEO to develop a final ESF -12 Plan. The final ESF - 12 Plan shall follow the template provided by the SEO and address all components of the template to include the data obtained from the RF fuel monitoring initiative, a minimum days of supply (gasoline and diesel) needed to sustain essential operations, and a contingency plan for addressing energy supply disruptions. Deliverables: Grantee shall deliver to the SEO a Final ESF -12 Plan electronically in a Portable Document Format ( "PDF ") to the SEO. Completion Date: May 30, 2013 Board of Commissioners Meeting 05/21/2012 Page 10 of 24 18 -1 -10 Attachment B BUDGET Budget Items SEO Funds Personnel — Project Management 7 000 Travel 2,000 Supplies 1,000 Grant Total $10,000 Board of Commissioners Meeting 05/21/2012 Page 11 of 24 18 -1 -11 Attachment C Applicable Terms and Conditions of DOE Award Agreement DE- EE0000051 The terms and conditions of the DOE Award Agreement that are applicable to the Grantee are provided as follows: The term "Recipient" as the term is used below and defined in 10 CFR Part 600 refers to the Agency and the terms "subrecipient" or "subgrantee or "subawardee referee to the Grantee. The term "you" refers to the Agency and the Grantee. REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS a. If actual allowable indirect costs are less than those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct and indirect) is less than the total costs reimbursed, you must refund the difference. b. Recipients are expected to manage their indirect costs. An award will not be amended solely to provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to obtain full reimbursement for indirect costs means the Recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. STATEMENT OF FEDERAL STEWARDSHIP DOE /NNSA will exercise normal federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. SITE VISITS DOE /NNSA's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. You must provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. PUBLICATIONS a. You are encouraged to publish or otherwise make publicly available the results of the work conducted under the award. b. An acknowledgment of federal support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this project, as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number(s) DE- OE0000051." Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express Board of Commissioners Meeting 05/21/2012 Page 12 of 24 18 -1 -12 or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION a. The intellectual property provisions applicable to this award are provided as follows: Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d). All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a) and (c). 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. (c) DOE has the right to: (1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (d) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to published research findings produced under an award that were used by the Federal Government in developing an agency action that has the force and effect of law, the DOE shall request, and the recipient shall provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the DOE obtains the research data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator and the Patent Counsel designated as the service provider for the DOE office that issued the award. The IP Service Providers List is found at http: / /www.gc. doe. gov / documents / Intellectual_ Property _(IP)_Service_Providers_for Acquisition.pdf. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this award should be American -made. Board of Commissioners Meeting 05/21/2012 Page 13 of 24 18 -1 -13 DECONTAMINATION AND /OR DECOMMISSIONING (D &D) COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the recipient for (i) Decontamination or Decommissioning (D &D) of any of the recipient's facilities, or (ii) any costs which may be incurred by the Recipient in connection with the D &D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of this Agreement. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 PrPamhIP The American Recovery and Reinvestment Act of 2009, Pub. L. 111 -5, ( "Recovery Act ") was enacted to preserve and create jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long -term economic benefits, stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability, transparency, data collection and resources as specified in the Recovery Act itself and as discussed below. Recipients should begin planning activities for their first tier Subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration ( "CCR "). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Recovery Act. The Government has not fully developed the implementing instructions of the Recovery Act, particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the Recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. nPfinitinn-q For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the Recovery Act. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non - federal employer means any employer with respect to covered funds — the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or with respect to covered funds received by a State or local government, the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Special Provisions Board of Commissioners Meeting 05/21/2012 Page 14 of 24 18 -1 -14 A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B. Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. C. Prohibition on Use of Funds None of the funds provided under this agreement derived from the Recovery Actmay be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. D. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the Recovery Act, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized — (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions relation to, the subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. E. Publication An application may contain technical data and other data, including trade secrets or privileged or confidential information, which the applicant does not want disclosed to the public or used by the government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages - - -- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement will be published on the Internet and linked to the website www.recovery.gov maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case -by -case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of Title 5, United States Code. F. Protecting State and Local Government and Contractor Whistleblowers. The requirements of Section 1553 of the Recovery Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non - federal employer receiving covered funds under the Recovery Act may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a federal agency, or their representatives) information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered funds; • a gross waste of covered funds; Board of Commissioners Meeting 05/21/2012 Page 15 of 24 18 -1 -15 • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; • an abuse of authority related to the implementation or use of covered funds; or • a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non - federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Nonenforceablity of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the Recovery Act shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the Recovery Act, www. Recovery. gov, for specific requirements of this section and prescribed language for the notices). G. Request for Reimbursement RESERVED H. False Claims Act Recipient and Subrecipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub - grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds. I. Information in Supporting of Recovery Act Reporting Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. J. Availability of Funds Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30, 2015. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (a) To maximize the transparency and accountability of funds authorized under the Recovery Act as required by Congress and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements" and OMB Circular A - -102 Common Rules provisions, Recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A - -102 is available at http: / /www.whitehouse.gov /omb /circulars /al 02 /a102.html. (b) For Recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A - -133, "Audits of States, Board of Commissioners Meeting 05/21/2012 Page 16 of 24 18 -1 -16 Local Governments, and Non - Profit Organizations," Recipients agree to separately identify the expenditures for federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards ( "SEFA ") and the Data Collection Form ( "SF SAC ") required by OMB Circular A - -133. OMB Circular A - -133 is available at http: / /www.whitehouse.gov /omb /circulars /al33 /a133.html. This shall be accomplished by identifying expenditures for federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part II I on the SF - -SAC by CFDA number, and inclusion of the prefix "ARRA in identifying the name of the federal program on the SEFA and as the first characters in Item 9d of Part III on the SF - -SAC. (c) Recipients and Subrecipients must include their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor Subrecipient expenditure of ARRA funds as well as oversight by the federal awarding agencies, Offices of Inspector General and the Government Accountability Office. Board of Commissioners Meeting 05/21/2012 Page 17 of 24 18 -1 -17 Attachment D FEDERAL CERTIFICATIONS The undersigned states that: 1. He or she is the duly authorized representative of the Vendor named below; 2. He or she is authorized to make, and does hereby make, the following certifications on behalf of the Vendor, as set out herein: a. The Certification Regarding Nondiscrimination; b. The Certification Regarding Drug -Free Workplace Requirements; c. The Certification Regarding Environmental Tobacco Smoke; d. The Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions; and e. The Certification Regarding Lobbying; 3. He or she has completed the Certification Regarding Drug -Free Workplace Requirements by providing the addresses at which the contract work will be performed; 4. [Check the applicable statement] ❑ He or she has completed the attached Disclosure Of Lobbying Activities because the Vendor has made, or has an agreement to make, a payment to a lobbying entity for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action; OR ❑ He or she has not completed the attached Disclosure Of Lobbying Activities because the Vendor has not made, and has no agreement to make, any payment to any lobbying entity for influencing or attempting to influence any officer or employee of any agency, any Member of Congress, any officer or employee of Congress, or any employee of a Member of Congress in connection with a covered Federal action. 5. The Vendor shall require its subcontractors, if any, to make the same certifications and disclosure. Signature Title Vendor Date [This Certification Must Be Signed By The Same Individual Who Signed The Proposal Execution Page] I. Certification Regarding Nondiscrimination The Vendor certifies that it will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § §1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § §6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § §3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) the Food Stamp Act and USDA policy, which prohibit discrimination on the basis of religion and political beliefs; and (i) the requirements of any other nondiscrimination statutes which may apply to this Agreement. ------------------------------------------------------------------------------------- - - - - -- Board of Commissioners Meeting 05/21/2012 Page 18 of 24 18 -1 -18 II. Certification Regarding Drug -Free Workplace Requirements 1. The Vendor certifies that it will provide a drug -free workplace by: A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Vendor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; B. Establishing a drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Vendor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 2. 3. 4. C. Making it a requirement that each employee be engaged in the performance of the agreement be given a copy of the statement required by paragraph (a); D. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the agreement, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; E. Notifying the Department within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; F. Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and G. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). The sites for the performance of work done in connection with the specific agreement are listed below (list all sites; add additional pages if necessary): Street Address No. 1: City, State, Zip Code: Street Address No. 2: City, State, Zip Code: Vendor will inform the Department of any additional sites for performance of work under this agreement. False certification or violation of the certification may be grounds for suspension of payment, suspension or termination of grants, or government -wide Federal suspension or debarment. 45 C.F.R. 82.510. Board of Commissioners Meeting 05/21/2012 Page 19 of 24 18 -1 -19 III. Certification Regarding Environmental Tobacco Smoke Public Law 103 -227, Part C- Environmental Tobacco Smoke, also known as the Pro - Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000.00 per day and /or the imposition of an administrative compliance order on the responsible entity. The Vendor certifies that it will comply with the requirements of the Act. The Vendor further agrees that it will require the language of this certification be included in any subawards that contain provisions for children's services and that all subgrantees shall certify accordingly. ------------------------------------------------------------------------------------------- IV. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Instructions [The phrase "prospective lower tier participant" means the Vendor.] 1. By signing and submitting this document, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of the fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originate may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant will provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, 45 CFR Part 76. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter any lower tier covered transaction with a person who is debarred, suspended, determined ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this document that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized in paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension, and /or debarment. Board of Commissioners Meeting 05/21/2012 Page 20 of 24 18 -1 -20 Certification a. The prospective lower tier participant certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ------------------------------------------------------------------------------------------- V. Certification Regarding Lobbying The Vendor certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federally funded contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form SF -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award document for subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) who receive federal funds of $100,000.00 or more and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be ------ subject to - a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. ------------------------------------------------------------------------------ - - - - -- Board of Commissioners Meeting 05/21/2012 Page 21 of 24 18 -1 -21 Attachment E OERI CONTRACT PROVISIONS Grantee agrees to comply with the following provisions. Failure to comply with any and all provisions herein may be cause for the contracting agency to issue a cancellation notice to a Grantee. Reporting Requirements The Grantee is notified that this project will be financed with American Recovery and Reinvestment Act of 2009 (hereinafter, "ARRA") Funds. The Grantee shall ensure that all contracts, subcontracts and other contracts for goods and services for an ARRA- funded project have the mandated provisions of this directive in their contracts. Pursuant to Title XV, Section 1512 of the ARRA, the State shall require that the Grantee provide reports and other employment information as evidence to document the number of jobs created or jobs retained by this contract from the Grantee's own workforce and any contractors or sub - contractors. No direct payment will be made for providing said reports, as the cost for same shall be included in the various items in this Agreement. Posting with the Local Employment Security Commission In addition to any other job postings the Grantee normally utilizes, the OERI requires that the Grantee shall post with the local Employment Security Commission Office all positions for which he intends to hire workers as a result of being awarded this contract. Labor and semiskilled positions must be posted for at least 48 hours before the hiring decision. All other positions must be posted a minimum posting of five days before the hiring decision. The Grantee and any contractor or subcontractor shall report the new hires in the manner prescribed by the Employment Security Commission and the OERI. Required Contract Provision to Implement ARRA Section 902 Section 902 of the ARRA requires that each contract awarded using ARRA funds must include a provision that provides the U.S. Comptroller General and his representatives with the authority to: (1) examine any records of the Grantee, contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to, the contract or subcontract; and (2) interview any officer or employee of the Grantee, contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. Accordingly, the Comptroller General and his representatives shall have the authority and rights prescribed under Section 902 of the ARRA with respect to contracts funded with recovery funds made available under the ARRA. Section 902 further states that nothing in 902 shall be interpreted to limit or restrict in any way any existing authority of the Comptroller General. Authority of the Inspector General Provision Section 1515(a) of the ARRA provides authority for any representatives of the United States Inspector General to examine any records or interview any employee or officers working on this contract. The Grantee is advised that representatives of the Inspector General have the authority to examine any record and interview any employee or officer of the Grantee, its contractors, subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this section shall be interpreted to limit or restrict in any way any existing authority of an Inspector General. Buy American Provision Section 1605 of the ARRA requires that iron, steel and manufactured goods used in public buildings or public works projects be manufactured in the United States. Grantee agrees to abide by this provision and shall maintain records of such purchases for inspections by authorized agents of the State of North Carolina and federal agencies. The Grantee must obtain written exception from this provision from the agency issuing the contract. Wage Rate Provision Section 1606 of the ARRA requires that all laborers and mechanics employed by contractors and subcontractors with funds from the ARRA shall be paid wages at rates not less than the prevailing wage rate under the Davis -Bacon Act. The Board of Commissioners Meeting 05/21/2012 Page 22 of 24 18 -1 -22 contractor agrees that by the submission of a proposal in response to a solicitation funded in whole or in part with recovery funds, continuous compliance will be maintained with the Davis -Bacon Act. Availability and Use of Funds Grantees understand and acknowledge that any and all payment of funds or the continuation thereof is contingent upon funds provided solely by ARRA or required state matching funds. Pursuant to Section 1604 of the ARRA, Grantees agree not to undertake or make progress toward any activity using recovery funds that will lead to the development of such activity as casinos or other gambling establishments, aquariums, zoos, golf courses, swimming pools or any other activity specifically prohibited by the Recovery Act. Whistleblower Provisions Grantees understand and acknowledge that Article 14 of Chapter 124, NCGS 126 -84 through 126 -88 (applies to the State and State employees), Article 21 of Chapter 95, NCGS 95 -240 through 85 -245 (applies to anyone, including State employees), and Section 1553 of the Recovery Act (applies to anyone receiving federal funds), provide protection to State, federal and contract employees. Outsourcing Outside the USA Without Specific Prior Approval Provision Grantee agrees not to use any recovery funds from a contract or any other performance agreement awarded by the State of North Carolina, its agencies, or political subdivisions for outsourcing outside of the United States, without specific prior written approval from the agency issuing the contract. Federal, State and Local Tax Obligations By submission of a proposal, the Grantee, contractors and subcontractors assert and self - certify that all Federal, State and local tax obligations have been or will be satisfied prior to receiving recovery funds. Anti - Discrimination and Equal Opportunity Pursuant to Section 1.7 of the guidance memorandum issued by the United States Office of Management and Budget on April 3, 2009, recovery funds must be distributed in accordance with all anti - discrimination and equal opportunity statutes, regulations, and Executive Orders pertaining to the expenditure of funds. Office of State Budget and Management Access to Records OERI requires that the Grantee and its contractor and subcontractor agree to allow the Office of State Budget and Management internal auditors and state agency internal auditors access to records and employees pertaining to the performance of any contract awarded by a public agency. Board of Commissioners Meeting 05/21/2012 Page 23 of 24 18 -1 -23 Attachment F List of Grantee's Fuel Tanks to Be Included in the Project (1) 10,000 gallon Unleaded E -10 tank located at 205 Operations Center Drive, Wilmington NC, 28402 (1) 10,000 gallon Ultra Low Sulfur Diesel tank located at 205 Operations Center Drive, Wilmington NC 28402 (1) 6,000 gallon Unleaded E -10 tank located at 615 Bess St. Wilmington, NC 28402 Board of Commissioners Meeting 05/21/2012 Page 24 of 24 18 -1 -24 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 234 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -234 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: Emergency Management & 911 Communications /Emergency Management Expenditure: Decrease Increase Emergency Mgmt & 911 Comm/Emergency Mgmt.: Temporary Salaries $6,503 Social Security Taxes $0 $497 Supplies $1,000 Training & Travel $200 Total $0 $10 Revenue: Decrease Increase Emergency Mgmt & 911 Comm/Emergency Mgmt.: Grant - Federal - ARRA/NC Dept of Commerce /State Energy Office $10,000 Total $0 $10 Section 2: Explanation Emergency Management has been awarded a Smart Grid Program Grant from the North Carolina Department of Commerce, State Energy Office, funded by the American Recovery and Reinvestment Act of 2009. The Grant will be used to monitor the City of Wilmington's fuel tanks by radio frequency to develop an energy assurance plan for New Hanover County. The Grant will pay for a temporary position to conduct the pilot fuel monitoring project. 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 -234, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 18-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 19 DEPARTMENT: PRESENTER(S): Avril Pinder, Assistant County Manager CONTACT(S): Avril Pinder, Assistant County Manager and Lisa Wurtzbacher, Financial/Property Tax Auditor SUBJECT: Consideration of Tax Management Associates Discovery Fee Budget Amendment BRIEF SUMMARY: In fiscal year 2011, the County executed a contract with a third party provider , Tax Management Associates ( "TMA "), to perform audits of business personal property tax listings for a selection of taxpayers in addition to hiring its own internal auditor. The contract with TMA provides them a fee of 25% of the taxes, penalties, and interest from discovered taxes. These fees will only be charged to the County when the revenues have been collected by the County's Tax Department. These fees are paid solely by the County and the various municipalities do not share in these costs. Staff has calculated $491,993 in County levied taxes, penalties, and interest that are expected to be collected by the end of the fiscal year for recent TMA discoveries. As agreed to in the contract with TMA, the County will be required to pay TMA 122,999 for these discoveries, leaving net revenue of $368,994 for the County. For your information, as an update on the property tax audit program that has been ongoing for two years, we have discovered approximately $296 million in value for all tax years allowed to be discovered by North Carolina General Statutes, which corresponds to an approximate $1.94 million additional revenue for the County, $355,072 for the City of Wilmington, $237 for Wrightsville Beach and $836 for Carolina Beach. This includes both property tax audits undertaken by the County's internal auditor as well as TMA. A total fee paid to date to TMA (by the County) including this budget amendment is $352,289. The municipalities have not shared in the fee paid to TMA. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Maintain strong financial reserves RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Commissioners adopt the ordinance for Budget Amendment 12 -226. ATTACHMENTS: Budget Amendment Board of Commissioners Meeting 05/21/2012 19 -0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/21/2012 19 -0 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 226 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -226 be made to the annual budget ordinance for the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Maintain strong financial reserves Fund: General Fund Department: Tax Expenditure: Decrease Increase Contracted Service $122,999 Total $0 $122,999 Revenue: Decrease Increase Miscellaneous revenue $122,999 Total $0 $122,999 Section 2: Explanation The County has contracted with Tax Management Associates (TMA) to perform business personal property tax audits for certain tax payers. Per audit contract, once the audit is complete and payment is received for the discovery, the County is obligated to pay TMA twenty -five percent (25%) of the tax, penalty and interest collected for the discovery. This budget amendment includes only the portion of taxes, penalty and interest that will be due to TMA upon collection of the revenue by the County Tax Department. The total revenue to be collected by the County is estimated at $491,993. 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 -226, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 19 -1 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 20 DEPARTMENT: Finance PRESENTER(S): Avril Pinder, Assistant County Manager CONTACT(S): Avril Pinder, Assistant County Manager SUBJECT: Consideration of Recommendations for 320 Chestnut BRIEF SUMMARY: During the March 12, 2012 County Commissioners meeting, staff brought forth several options regarding the future of the building at 320 Chestnut Street. After reviewing these options with the Commissioners, additional information was requested to address repairing the building damage without renovating the whole building. Several Commissioners and staff toured the building and met with an architect to discuss repairs. After meeting with the architect, it is believed that repairing just the damaged portions of the building would require extensive work that expanded out beyond the damaged areas and would not be a cost effective option. Commissioners also requested information on the possibility of the historic tax credit a buyer could receive in the event a sale leaseback arrangement was pursued. After further research on this issue, it is believed the tax credit would be disallowed if the lease was directly with local government. A consultant could be brought in to determine how that tax credit may still be obtained by an investor if a sale leaseback option was pursued. Staff will present the four options for the future of 320 Chestnut and request the Commissioners provide guidance on the best viable option for the County for staff to proceed with. Option Description Estimated Cost Gross Annual Cost 1 Renovation of six floors $10,000,000 $701,321 2 Demolish & rebuild four floors with two shell floors $10,600,000 $740,745 3 Demolish & fully rebuild six floors $12,100,000 $851,498 4 Demolish & fully rebuild seven floors $1 3,975,000 $870,095 Studies, estimates and reports regarding the renovation of the building at 320 Chestnut Street have been conducted and presented to staff by John Sawyer Architects starting in 2009. Staff requests that New Hanover County be exempted, as allowed by G.S. 143 - 64.32, from the requirement to use the qualifications - based selection process to select an architect and engineer. County staff wishes to continue using John Sawyer Architects for architectural and engineering services for 320 Chestnut given the firm's extensive background and previous experience with this project. The annual debt service cost is included in the fiscal year 2013 budget. Board of Commissioners Meeting 05/21/2012 20 -0 STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure RECOMMENDED MOTION AND REQUESTED ACTIONS: • Request Commissioners select an option to proceed. • Select John Sawyer as architect of record. ATTACHMENTS: Architect Letter Regarding Repairs COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider options and provide direction. COMMISSIONERS' ACTIONS: Directed staff to move forward with a plan to renovate six floors of 320 Chestnut Street, enter into negotiations with the City of Wilmington to vet interest in leasing space in the refurbished building, and selected John Sawyer as architect of record by a vote of 3 -2, Commissioners Catlin and Berger dissenting. Board of Commissioners Meeting 05/21/2012 20 -0 I I I Propert Mana Director New Hanover Count 200 Division Drive Wilmin NC 28401 RE: Administration Buildin 320 Chestnut Street Buildin Repair Option I Reducin the renovations of this buildin to repairs onl and puttin the buildin-A back in use as office space is allowed b the buildin code. In g eneral the buildin code will allow repairs and maintenanoe however when the cost of the work exceeds 50% of the value of the buildin compliance with current code is re Followin this path to puffin the buildin back in use will result in the followin conditio-ts. Board of Commissioners Meetin 05/21/2012 20-1-1 124 Market Street, PO Box 176 Wilmin NC 28402 Tel. ( 9 10 762-0892 Fax (910) 762-2197 Web: www.johnsawyerarchitects.com Like an citizen, we are also concerned about puffin this buildin back in use in a cost effective wa In the current unoccupied state the construction to brin this buildin back to a public office facilit ideall located to serve the court s could occur at the lowest cost Board of Commissioners Meetin 05/21/2012 20-1-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 21 DEPARTMENT: Finance PRESENTER(S): Avril M. Pinder, Assistant County Manager CONTACT(S): Avril M. Pinder, Assistant County Manager SUBJECT: Consideration of a Resolution Authorizing the Execution and Delivery of an Installment Purchase Contract with Bank of America Public Capital Corporation to Finance the Acquisition of a Caterpillar 826G Compactor and an Articulated Dump Truck BRIEF SUMMARY: The Board of Commissioners approved resolutions and budget amendments for the purchase and intent to finance a Caterpillar 826G Compactor ($739,754 in December 2011) and an Articulated Dump Truck ($299,728 in October 2011) for the Landfill totaling $1,039,482. On April 23, 2012, the Finance Office solicited proposals to finance the purchase of this equipment. The lowest total interest expense is Bank of America at $25,250.86. The required debt payment for FY13 will be $313,520.12, which is less than budgeted by $15,268.88. In the FYI 3 recommended budget, staff estimated debt payments of $328,789. Staff recommends approval of the installment purchase contract to Bank of America. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution for the Installment Purchase Contract with Bank of America Capital Corporation. ATTACHMENTS: Approved Equipment Purchase Resolutions Letter of Recommendation Installment Purchase Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 05/21/2012 21 -0 Approved 5 -0. Board of Commissioners Meeting 05/21/2012 21 -0 h%�AaIPA NEW HANOVER COUNTY Jonathan Barfield, Jr. Chairman MOARD OF COMMISSIONERS Jason R. Thom Vicio-Cheimmn Ted Davis, Jr. 230 Govemment Center Drive, Suite 176 Comw6abw Brian N. ftrpr Wilmin NC 28403 (910) 798-7149 (9 10) 798-7145 Fax ExhlbN wxw.nhc Book XWIV Pg" IVA C0M1WS6kVW Richar 0. Caffln d C0Mn?hWkMff me" a Shelia L. Schult to %.rr%#0rM Board 10-30IM-1y" n-IN111V -15 1 MI. MCI I II 111i :111a 5 0 to 0 A v 3101*11 - ) P VMEREAS, in connection with the ourchase of a an Articulated D um or th� Landfill .p Tmck f the Board of Cornmissioners of New Hanover Count DOES HEREBY DECLARE as follows: 1. This declaration of official intent is made pursuant to Section 1. 150-2 of the Treasur Re to expressl declare the official intent of the Count to reixnburse itself from the proceeds of debt to be hereinafter incurred b the Count for ecrtain expenditures paid b the Count 2. The Count desires to expend its own fumds for the purpose of pa certain costs of ac an articulated & truck to be used at the. landfill b the Count for which expenditures the Count reasonabl expects to reimburse itself from the proceeds of debt to be V mcurred b the Count 3. 1 119 8 is the principal amount of debt expected to be incurred for the purpose of pa the costs for the purchase of the articulated dumn truck. 4. This resolution shall take effect immediatel upon its passa ADOPTED this the P cla of October, 201 A Kly W HO-9 Sheila Sch t lerk the Boards Board of Commissioners Meetin 05/21/2012 21-1-1 0111 Exhibit VPa 1, A GENDA: October 3, 2011 Book �X� �9 b NEW IIANOVER COUNTY BOARD OF COMIIIISSIONERS AN ORDINANCE AMENDING THE FISCpi, YEAR 2012 BUDGET BY BUDGET AMENDMENT 12. 055 BE IT ORDAINED by the Board of County Commiujoners of New Hanover County, North C that the following Budget Ammdment 12 -055 be made to the annual budget ordinance for the fish year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area; Effective County 1Vlatgement trategle Ob j ectiv e(s): Increase efficiency / quality of key business processes Fund: Enviromwntal Management Department: Environmental Management(Landfill ExD enditure: Decrease In reaae Environmental l EE a its. tla - ai ent ? $ Fatal so -- $299.28 venne: De ease In r e Envy r=cntal .an.a ernent/Landffll: Installment Loan Proceeds # ... . 1 1 $299. Total $0 r $299,728 Section 2: Explanation This budget amendment is necessary to record the instalhr=t loan proceeds and associated expenditure to purchase the articulated dump truck for landfill operations. Th installment financ ing agreement will be brought back at a later date for approval. Section 3: Doeotntion of Adoption This ordinauee shall be effective upon its adoption. NOW, THEREFORE, DE IT RESOLVED by the Board of County Commissioners of New Hanover Cwnty, North Carolina, that the Ordinance for Budget Amendment 12 -055 , amending the annual budget ordinance for the fiscal year ending June 30 2012, is adopted. Sheila L. this 3rd day of October, 2011. r , t Board of Commissioners Meeting 05/21/2012 21 -1 -2 i 16 W b %6... �43 1 � NEW HANOVER COUNTY Ted Davis, Jr. Chak"m 1OARD OF COMMISSIONERS Jon Om Birfl" Jr. Vk*Chakwan Jeem R. Thmpso 230 Goveffvnent 03ntar DrNe, Suite 175 comffftsbw eftn V. BO Mmin NC 28403 co"UnW&W RWAwd 0. CaMis (910) 798-7149 Exhibit (910) 79&7145 Fax IV) P Book e CORMWAXW 96" 224-5 QIWA www.nhcgovNNcom LIN Schuft CJw* to Board Lill q L A I **83- F-11.9 a 11 R-Q -"- t ?3' 1 W 01-141141% a Qyt-n- VVMREAS, in connection with the purch of a Caterpillar 826G Compactor for the Landfi the Board of Commissioners fog- New Hanover Count (the "Board of Conunissioners"% and on behalf of the Count DO HEREBY DECLARE as follows.- 1. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasur Re to expressl declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred b the Count for certain expenditures paid b the Count 2. The Count desires to expend its own funds for the purpose of pa certain costs of ac a Caterpillar 826G Com-Dactor to be used at the landfill b the Count for which expenditures the Count reasonabl expects to reftnburse itself from the proceeds of debt to be incurred b the Count 3. 1 739,754 is the principal amount of debt expected to be incurred for the purpose of pa the costs for the purchase of a Cat illar 826 g= actor. 4. This resolution shall take effect immediatel upon its passa ADOPTED this the 19th da of December, 201 .1 NEW HANG COUNTY 0 STY Ted Davis,, Jr., dWairman A. ATTEST: Now Sh7eia L. Schult, Clerk to the Board Now Hanover C4unt is to propwas(ve publk poft mvedbr seryke., courteous cantectL, judkibus exercise of ev thorft and sound JYwW poncems o our cNnns toda an kmofrow. AoFsWon Statet", June 2W, 2011 21-1-3 Exhibit AGENDA: December 19, 2011 Book ��Page OR ID NEW sEuvovER couxTY soaRn of coNMHssiornRs AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 113 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Cozolina that the following Budget Amendment 12 -113 be trade to the annual budget ordinance f or the fiscal year ending June 30, 2012. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County management Strategic Objective(s): Deliver value for taxpayer money Increase efficiency / quality of key business p rocesses Fond: Environmental Management Department: Environments ManagemenMandfill Ernendfturei Envi ronn=tal Management/Landfill: Decrease Increa Capital itla - ui mcnt $739,754 Total $0 $739 Revenue: Eanvironmentall aMemen 11: Decease Increase Iwtallment Loan Proceeds $739 Total 0 J739,54 Section 2: Explanation This budget amendment is necessary to record the ins tallment loan proceeds and associated expenditure to purchase the Caterpillar 826G Compactor for Landfill operations. The installment financing agreement will be brought back at a later date for approval. In the FYI 1- 1 2 budget, the Board approved th debt service payment o the purchase o f a compactor for the Countys Landfill in the amount of $31 6,870. Section 3: Documentation of Adoption This ordinance shall be effictive upon its adoption. NOW, 11MREFORE, BE IT RESOLVED by the Board of County Czznmissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amencbment 12 -113, atnmding the annual budget ordinance for the fiscal year ending June 30, 2012, is adapted. Board of Commissioners Meeting 05/21/2012 21 -1 -4 Adapted, this 19th day of December, 2011. I� � ►C 6%:N&O�P-A NEW HANOVER COUNTY FINANCE DEPARTMENT The Finance Director has evaluated the RFP's for Installment Financing for a Caterpillar 826G Compactor and a Caterpillar Articulated Dump Truck. Bank of America has been chosen as the company to recommend to the Board of Commissioners to receive the contract based on the lowest total cost to the County. Board of Commissioners Meeting 05/21/2012 21-2-1 INTEREST RATE TERM FEES TOTAL COST BOA Public Capital Corp 1.112 % - Compactor 36 months None $25 1.29 % - Dump Truck 59 months Chase Equipment Finance 1.1043 % - Compactor 36 months None $26 1.4107% -Dump Truck 59 months BB &T 1.61 %- Compactor 36 months None $36 1.86% -Dump Truck 59 months SunTrust Leasing 1.66% (Option 1)- Compactor 36 months $350.00 $36 plus 1.792% (Option 1) -Dump Truck 59 months UCC 1.86 (Option 2)- Compactor 36 months $40 1.992% (Option 2) -Dump Truck 59 months PNC Equipment Finance 2.47% - Compactor 36 months $250 $55 2.74 % - Dump Truck 59 months The Finance Director has evaluated the RFP's for Installment Financing for a Caterpillar 826G Compactor and a Caterpillar Articulated Dump Truck. Bank of America has been chosen as the company to recommend to the Board of Commissioners to receive the contract based on the lowest total cost to the County. Board of Commissioners Meeting 05/21/2012 21-2-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE CONTRACT WITH BANK OF AMERICA PUBLIC CAPITAL CORPORATION TO FINANCE THE ACQUISITION OF A CATERPILLAR 826G COMPACTOR AND A CATERPILLAR ARTICULATED DUMP TRUCK FOR USE BY NEW HANOVER COUNTY, NORTH CAROLINA AND AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS AND CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS WHEREAS, New Hanover County proposes the financing of the acquisition of a Caterpillar 826G Compactor and a Caterpillar Articulated Dump Truck, as more fully described in the hereinafter named Contract; and WHEREAS, the most advantageous manner of financing thereof is by an installment contract pursuant to Section 160A -20 of the General Statutes of North Carolina, as amended; and WHEREAS, pursuant to said Section 160A -20, New Hanover County is authorized to finance the acquisition of real and personal property, including fixtures, by installment contracts that create a security interest in the property financed to secure repayment of the financing; and WHEREAS, Bank of America Public Corporation has proposed that Bank of America finance the acquisition pursuant to an Installment Purchase Contract between the Purchaser and Bank of America. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners authorize the following: Section 1. The New Hanover County Board of Commissioners does hereby find and determine: (a) New Hanover County proposes the financing of the acquisition of a Caterpillar 826G Compactor and a Caterpillar Articulated Dump Truck, as more fully described in the hereinafter named Contract; (b) The most advantageous manner of financing thereof is by an installment contract pursuant to Section 160A -20 of the General Statutes of North Carolina, as amended; (c) Pursuant to said Section 160A -20, New Hanover County is authorized to finance the acquisition of real and personal property, including fixtures, by installment contracts that create a security interest in the property financed to secure repayment of the financing; and (d) Bank of America Public Capital Corporation has proposed that Bank of America finance the acquisition pursuant to an Installment Purchase Contract between the Purchaser and Bank of America. Board of Commissioners Meeting 05/21/2012 21 -3 -1 Section 2. The New Hanover County Board of Commissioners hereby authorizes and directs the County Manager, the County Attorney, and the Finance Director execute, acknowledge and deliver the Contract on behalf of the Purchaser in such form and substance as the person executing and delivering such instruments on behalf of the Purchaser shall find acceptable. The Clerk to the Board is hereby authorized to affix the official seal of New Hanover County to the Contract and attest the same. Section 3. The proper officers of the Purchaser are authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and Contract. Section 4. Notwithstanding any provision of the Contract, no deficiency judgment may be rendered against the Purchaser in any action for breach of a contractual obligation under the Contract and the taxing power of the Purchaser is not and may not be pledged directly or indirectly to secure any moneys due under the Contract, the security provided under the Contract being the sole security for Bank of America in such instance. Section 5. The Purchaser covenants that to the extent permitted by the constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the "Code ") as required so that interest on the Purchaser's obligations under the Contract will not be included in the gross income of Bank of America. Section 6. It is hereby determined and approved that (i) the proceeds of the Contract shall be used for the financing of the acquisition of a Caterpillar 826G Compactor and a Caterpillar Articulated Dump Truck, (ii) the maximum principal amount expected to be incurred is $1,039,482 with 36 and 59 monthly installments, respectively. ADOPTED this the 21 day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 21 -3 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 23 DEPARTMENT: PRESENTER(S): Bruce Shell, County Manager; Chris Coudriet, Assistant County Manager and Evaluation Team CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: County Evaluation Team Recommendation for Renovation and Long Term Operation of the New Hanover County Sustainable Energy Facility BRIEF SUMMARY: As part of the County Commission's direction to the county manager to layup the waste -to- energy, it also directed a comprehensive approach to finding an alternative operator to the facility. The county evaluation team employed a two step process to find the right partner in bringing the facility back to life as a Sustainable Energy Facility (SEF). The extensive process led to detailed proposals by Wheelabrator and Covanta, industry leaders in converting municipal solid waste into energy. The county evaluation team will present its recommendation for its preferred business partner and ask the County Commission to direct the evaluation team on how to proceed. Options may include directing staff to negotiate a comprehensive service agreement, schedule a separate workshop on this matter, or bring the recommendation back to the Board at its first meeting in June for formal action. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the county evaluation's team recommendation and direct the team on how to proceed. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation and direct staff. COMMISSIONERS' ACTIONS: Heard presentation and scheduled a work session. Board of Commissioners Meeting 05/21/2012 23 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 24 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 Text Amendment (A -396, 04/12) - Request by Staff to Amend the County's Subdivision Ordinance to Create a Procedure for the Installation of Traffic Calming Devices BRIEF SUMMARY: At their April 12, 2012 meeting, the Planning Board voted 5 -0 to recommend approval of amended language, including accepting final construction plans and details sealed by all licensed professionals legally recognized in the State of North Carolina. No one from the public spoke for or against the amendment. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval. Action Required 1) Concur with Requested Subdivision Text Amendment; or 2) Recommend Minor Changes to Amendment; or 3) Object to Proposed Amendment ATTACHMENTS: A -396 Script A-396 Amendment -Staff Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 05/21/2012 24 -0 Approved 5 -0. Board of Commissioners Meeting 05/21/2012 24 -0 ITEM # 24 SCRIPT FOR TEXT AMENDMENT A -396, 04/12 REQUEST BY STAFF TO AMEND THE COUNTY'S SUBDIVISION ORDINANCE TO CREATE A PROCEDURE FOR THE INSTALLATION OF TRAFFIC CALMING DEVICES. CHAIRMAN We have before us a Text Amendment (A -396), Request by Staff to amend the County's Subdivision Ordinance to create a procedure for the installation of traffic calming device. STAFF PRESENTATION AND OTHER DISCUSSION (You should allow proponents or opponents of the text amendment 15 minutes total to speak) Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 05/21/2012 24 -1 -1 A -396, 04/12 Amendment to Subdivision Regulations Request by Planning &Inspections staff to add Section 41- 1(7)(I) of the Ordinance creating procedures for the installation of traffic calming devices on private streets. Planning Board Action At the April 12, 2012 meeting, the County Planning recommended approval of traffic calming devices on private streets including accepting final construction plans and details sealed by all licensed professionals legally recognized in the State of North Carolina. The vote by the Board was 5 -0. No one from the public spoke in opposition. Histo Approximately two years ago, the North Carolina Department of Transportation (NCDOT) established the regulation of traffic calming procedures on secondary residential maintained streets (NCGS 136- 102.8). In conjunction with NCGS 136 -102.8 coupled with neighborhood residential safety concerns pertaining to traffic speeds and volumes, staff began work on a Subdivision Text Amendment to address existing private and future streets. This amendment started over one year ago and involved initial input from the WMPO, County Engineering, and County Legal staff. A special TRC meeting was held November 16, 2011 to discuss the proposed amendment. At the meeting, discussion revolved around ways to control and enforce speed limits on private streets, the ability to bundle public and private street language, connectivity concerns where a private street may blend into a public street, specific devices for calming traffic, and retro- fitting older streets with calming devices. With the number of variables involved in developing traffic calming procedures to fit all scenarios, the thought was to simplify the process on traffic calming and create less technical language. The result yielded language that was presented at a work session with the Planning Board March 2, 2012. Members of the Board at the March 2 meeting were in general agreement with the text proposal. However, they wanted the TRC to craft language defining "affected area ", replacing registered with licensed engineer and removing the last sentence in the text ( "if the application is denied by the Board of Commissioners, the process is complete. ") On March 21, 2012, the TRC met to finalize language on traffic calming. As noted in the attached draft, "affected area" has been clarified by incorporating a scoping process with the applicant and language spelling out certification and licensing pertaining to the design of traffic calming devices has been adjusted. A statement has also been added during the construction plan phase requiring a professional engineer to seal the document. *During the March 21 meeting concerns were raised on who should seal traffic calming construction plan drawings. A letter from the NC Board of Landscape Architects is attached. Finally, the last sentence in the text language has also been deleted. Board of Commissioners Meeting 05/21/2012 24-2-1 z. Subdivision Text Amendment: Traffic Calming Devices Add Section 41 -1 (7) (I) Traffic Calming During Preliminary Site Plan Review In some cases, the inclusion of traffic calming devices in subdivision design is justified to promote speed limit compliance with posted speed limits and for up- holding the long -term operational safety of residential subdivision streets. Only traffic calming devices recognized by the Institute of Transportation Engineers and /or other nationally recognized traffic engineering guidelines, with provisions to minimize impacts on bicyclists, pedestrians, and emergency response time shall be considered by the Technical Review Committee for approval during the Preliminary Site Plan Review. Traffic Calming on Existing Public Streets Petitions for traffic calming devices on existing publicly designated streets shall be considered by the North Carolina Department of Transportation as referenced in NCGS 136 - 102.8. Traffic Calming on Existing Private Streets In accordance with Section 68 of this ordinance, no traffic calming devices shall be installed by the POA /HOA until the following review process is complete: The review process for installing traffic calming devices on existing private streets may be initiated by contacting the Planning & Inspections Department to obtain a copy of the most current Traffic Calming Petition Form and other associated informational materials. Petitioners must first obtain signatures from at least 70 percent of parcel owners within the affected area to demonstrate neighborhood support for traffic calming devices. The affected area will be determined by a scoping process involving the petitioner, a representation from the Planning & Inspections Department, County Fire Services office, County Engineering, and the WMPO prior to petition submittal. Only one signature per parcel is counted to determine 70 percent concurrence. County staff will verify that signatures match current tax records and if the required signatures are not obtained within 90 days, the petition will not move forward. If the signatures are determined to be valid, a letter from the Planning & Inspections Department will be sent to the petition contact describing the minimum application requirements to move forward with the review process. To qualify for review, an application demonstrating the following must be provided by the petitioner to the Planning & Inspections Department: 1. The road is privately owned and maintained with a functional classification of local road or neighborhood collector; 2. The roadway is "primarily residential ", with at least 75 percent of the properties fronting on the street having residential zoning and /or residential land uses; 3. Fifteen percent of present day traffic exceeds 30 mph, 4. Traffic volumes on the affected street must be less than 4,000 vehicles per day; Board of Commissioners Meeting 05/21/2012 24 -2 -2 0 5. The roadway is not a primary route for emergency response; 6. An active property owners association, as prescribed in Section 54 of this Ordinance, exists to install and maintain traffic calming devices; 7. A previous traffic calming device application has not been denied for the affected area within the last 12 months; 8. Concurrence from a detailed engineering study that the traffic calming devices are warranted and feasible to implement within the affected area. As a fundamental component of a complete traffic calming application, the following criteria must be certified by a professional legally recognized by a State of North Carolina licensing board as licensed to perform such activities or undertakings. 1. Roadway characteristics including alignment, grade, sight distance, intersection spacing, driveway location, edge treatments (curbing, shoulders, etc.), signage, pavement markings and on-street parking; 2. Vehicle characteristics of existing traffic (based on a three -day vehicle classification study); 3. Traffic speed and volume data (based on a three -day speed and volume study); 4. Three -year crash history; 5. Recommended traffic calming devices including typical details (Recommended devices shall follow Institute of Transportation Engineers and /or other nationally recognized traffic engineering guidelines, with provisions to minimize adverse impacts on bicycle, pedestrian safety, and emergency response); 6. A conceptual plan demonstrating the proposed location of traffic calming devices and associated advanced warning signage /pavement markings (as required by the most recent version of the Manual on Uniform Traffic Control Devices); 7. A recommended implementation schedule and preliminary line -item cost estimates. Upon submittal of a completed application to the Planning & Inspections Department, the request will be considered by the Technical Review Committee at their next regularly scheduled meeting. The Technical Review Committee has the authority to reject an application based on engineering judgment, an absence of documented need and /or concerns with adverse impacts on emergency response as well as bicycle and pedestrian safety. If approved by the Technical Review Committee, the petitioner may initiate the final approval process by submitting the following information to the Planning & Inspections Department: 1) Final construction plans and details sealed by a professional legally recognized by a State of North Carolina licensing board as licensed to perform such activities and undertakings, 2) Final implementation schedule and line item cost estimates (with associated contingency); and 3) A surety in the form of a certified check and in accordance with Section 51 of this Ordinance, to guarantee the installation of the traffic calming devices. Petitioners(s) may appeal Technical Review Committee denial of an application to the New Hanover County Planning Board whom, in its discretion, may choose to uphold the Technical Review Committee ruling or approve the petitioner's request. Petitioners may appeal a Planning Board denial to the New Hanover County Board of Commissioners. Board of Commissioners Meeting 05/21/2012 24 -2 -3 4. Action Required ❑ Concur with Requested Subdivision Text Amendment ❑ Recommend Minor Changes to Amendment ❑ Object to Proposed Amendment Board of Commissioners Meeting 05/21/2012 24 -2 -4 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 25 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 Text Amendment (A -400, 04/12) - Request by Staff to Amend Section 97 -4 of the County's Zoning Ordinance by Removing the Amortization Table BRIEF SUMMARY: At their September 6, 2011 meeting, the Commissioners approved a 2 -year extension of the amortization table for non - conforming signs on Carolina Beach Road to come into compliance and instructed staff to prepare an amendment to the County's Zoning ordinance to remove the amortization table and associated language and allow signs to remain in place as legal non - conforming signs. At their April 12, 2012 meeting, the Planning Board voted 5 -0 to recommend approval of the proposed amendment. No one spoke in opposition to the proposed amendment at the meeting. 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 NEEDED 1. Approve as recommended; or 2. Approve with changes; or 3. Continue for further information; or 4. Deny the amendment ATTACHMENTS: A -400 Script A -400 Amortization & Staff Summary Board of Commissioners Meeting 05/21/2012 25 -0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/21/2012 25 -0 ITEM # 25 SCRIPT FOR TEXT AMENDMENT A -400, 04/12 REQUEST BY STAFF TO AMEND SECTION 97 -4 OF THE COUNTY'S ZONING ORDINANCE BY REMOVING THE AMOTORIZATION TABLE. CHAIRMAN We have before us a Text Amendment (A -400), Request by Staff to amend section 97 -4 of the County's Zoning Ordinance by removing the Amotorization Table. STAFF PRESENTATION AND OTHER DISCUSSION (You should allow proponents or opponents of the text amendment 15 minutes total to speak) Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 05/21/2012 25 -1 -1 AMENDMENT TO THE ZONING ORDINANCE CASE NUMBER: A -400 APPLICANT: STAFF Staff proposes to delete Section 97 -1(3) and 97 -4 of Article IX Design Standards and Regulations for Signs. At the September 6, 2011 regular meeting the commissioners approved a 2 year extension of the amortization table which required non - conforming signs on Carolina Beach Road to be brought into compliance. County Commissioners instructed staff to, within the 2 year extension, prepare a text amendment which would relieve the non - conforming signs of the amortization time line and allow the signs to remain in place as legal non - conforming signs. The Planning Board, at their April 12 meeting, approved the item as requested 5 -0. ARTICLE IX: DESIGN STANDARDS AND REGULATIONS FOR SIGNS Section 97: Nonconforming Signs 97 -1: Determination of Nonconformity Existing signs which do not conform to the specific provisions of this Ordinance may be eligible for the designation "nonconforming" provided that: (1) The Building Inspector determines that such signs are properly maintained and do not in any way endanger the public; (2) The sign was covered by a valid permit or variance or complied with all applicable laws on 8/06/01; and AMMON W_ I AL _ . - - - - - - _ V . . . N o NO - . - _ _ •• _ _ I 1 111111 - - . . - - . _ . . . _ .. _ _ - r . . _ _ . Noise . . ■ - Board of Commissioners Meeting 05/21/2012 25 -2 -1 all 111111111MMORMERPRIP.P. 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MO i 11 - � AL Will pill . 1� I Me NoL�J�� =- - _ . . . • • _ _ . . . - . . _ . . - _ . 11 -W _ - .. - Board of Commissioners Meeting 05/21/2012 25 -2 -3 � 11 11i M11 w . • . • . • Board of Commissioners Meeting 05/21/2012 25 -2 -3 ACTION NEEDED: (1) Approve as recommended; or (2) Approve with changes; or (3) Continue for further information; or (4) Deny the amendment. Board of Commissioners Meeting 05/21/2012 25 -2 -4 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 26 DEPARTMENT: PRESENTER(S): 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 Text Amendment (A -401, 04/12) — Request by Staff to Amend the County's Zoning Ordinance to Create a Conditional District BRIEF SUMMARY: The proposed text amendment creates a conditional zoning district applicable to uses permitted by right along with a site specific development plan. Similar to the Conditional Use District, staff, the Planning Board and ultimately the Board of County Commissioners can attach conditions, without following a quasi-judicial process, to the development of the project in order to help mitigate potential negative impacts. At their April 12, 2012 meeting, the Planning Board voted 5 -0 to recommend approval. No one from the public spoke in support of or in opposition to the proposed amendment. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the text amendment as proposed. ACTION NEEDED 1. Approve as recommended; or 2. Approve with changes; or 3. Continue for further information;or 4. Deny the amendment ATTACHMENTS: A -401 Script A -401 Text Amendment & Summary Board of Commissioners Meeting 05/21/2012 26 -0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 05/21/2012 26 -0 ITEM # 26 SCRIPT FOR TEXT AMENDMENT A -401, 04/12 REQUEST BY STAFF TO AMEND THE COUNTY'S ZONING ORDINANCE TO CREATE A CONDITIONAL DISTRICT. CHAIRMAN We have before us a Text Amendment (A -401), Request by Staff to amend the County's Zoning Ordinance to create a Conditional District. STAFF PRESENTATION AND OTHER DISCUSSION (You should allow proponents or opponents of the text amendment 15 minutes total to speak) Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 05/21/2012 26 -1 -1 AMENDMENT TO THE ZONING ORDINANCE CASE NUMBER: A -401— Conditional District APPLICANT: STAFF PLANNING BOARD ACTION The Planning Board voted 5 -0 at their April 12, 2012 meeting to recommend approval of the proposed text amendment. STAFF SUMMARY Development in New Hanover County is becoming increasingly complex. Time and time again rezoning requests for straight rezoning, especially for commercial properties, hinge on the ability of the petitioner to describe what the use will be and how well they will be able to mitigate whatever negative impacts they may have on surrounding properties. The proposed text amendment creates a conditional zoning district applicable to uses permitted by right along with a site specific development plan. Similar to the Conditional Use District, staff, the Planning Board and ultimately the Board of County Commissioners can attach conditions to the development of the project in order to help mitigate potential negative impacts. The process is different from the conditional use district process in that the quasi - judicial element is removed so that the hearing procedure is the same as a typical rezoning. The Conditional District Process is not intended to address situations where the proposed use would require a special use permit as indicated in the table of permitted uses. This addition to the zoning ordinance will give the County the ability to evaluate a specific site plan and insure predictability in the ultimate outcome. Add New Sections Section 59.10: Conditional district 59.10 -1: Purpose - The Conditional district procedure 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 this ordinance and where only a specific use or uses is proposed for the project. This procedure is intended primarily for use with transitions between zoning districts of very dissimilar character (e.g. R -15 and B -2) where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community -at- large. Board of Commissioners Meeting 05/21/2012 26-2-1 This procedure is intended only for voluntary proposals submitted in the names of the owners of all property included in the petition/ application. This procedure is intended only for firm development proposals, and shall not be used for tentative projects without definitive plans. 59.10 -2: Uses and Development Requirements (1) Only uses allowed by right in the corresponding General Use District are eligible for Conditional district consideration and any such use within a Conditional district shall, as a minimum requirement, satisfy all the regulations of the corresponding General Use District. (2) Within a Conditional district, the Permit may specify additional conditions and requirements which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, or other limitations on land which may be regulated by state law or local ordinance. Such conditions and requirements shall not specify ownership status, race, religion, character or other exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary to accomplish their purpose, and shall relate rationally to making the Permit compatible with the New Hanover county Land Use Plan, and other pertinent requirements of the Zoning Ordinance, and to securing the public health, safety, morals, and welfare. 59.10 -3: Petition /Application (1) Who May Submit - Conditional district petition / applications may be submitted only by all owners of all real property included in the petition / application. (2) Content - Each Conditional district petition /application shall include a complete rezoning petition containing the following general and site plan information for the tract to be rezoned. (A) Tract boundaries and total area and location of adjoining land parcels and roadways; (B) Existing zoning of the tract and neighboring parcels and proposed tract zoning; (C) Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and site plan outlining area to be occupied by each structure and /or subdivided lot boundaries. For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used; (D) Development schedule including proposed phasing; (E) Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provisions for parking Board of Commissioners Meeting 05/21/2012 26 -2 -2 areas; A transportation information sheet is required for all projects and for any development that will generate more than 100 trips during the peak hour or where a significant impact to the existing traffic pattern is anticipated, a traffic impact study may also be required. The study shall be prepared in accordance with Standards and Guidelines approved by the County and shall be submitted at least four weeks prior to the first scheduled meeting of the project's review. (F) All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage; (G) The one hundred (100) year flood plain line; (H) Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance. (1) Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations, which are the minimum requirements in the Conditional district, or other limitations on land which may be regulated by state law or local ordinance. (J) Any other information that will facilitate review of the proposed change. (3) Submittal Procedure - Follow the provisions of Section 111 of the Zoning Ordinance 59.10 -4: Approval Process (1) Overview (A) After the public notice of scheduled hearing before the Planning Board is delivered to the newspapers, no amendments to the additional conditions and requirements specified in the petition /application shall be added which are less restrictive, including but not limited to less setback, more dwelling units, greater height, more access points, new uses and fewer improvements. (B) No rezoning to a Conditional district shall be approved unless all conditions and requirements have been included voluntarily by the petitioners, or their authorized representatives. Any condition and site - specific standards imposed shall address the impacts reasonably expected to be generated by the development or use of the site. (2) Property Owner and Public Notices - Follow the provisions of Section 112 -1 of the Zoning Ordinance. (3) Planning Department Review - Follow the provisions of Section 112 -2 of the Zoning Ordinance. (4) Planning Board Consideration (A) Follow the provisions of Section 112 -3 of the Zoning Ordinance except as indicated below. Board of Commissioners Meeting 05/21/2012 26 -2 -3 (B) Planning Board members may propose additional conditions and requirements beyond those listed in the petition /application. Before the Board votes to recommend approval or denial, the Board Chairman shall permit the petition /application to be withdrawn or amended if so desired by the petitioners or their authorized representatives. If the petitioners desire additional time to consider their course of action, they may request a continuance to the next scheduled public hearing of the Board. (C) The Board shall base its recommendation in consideration of identified relevant adopted plans for the area including but not limited to comprehensive plans, strategic plans, the CAMA Plan, district plans, area plans, neighborhood plans, corridor plans and other land use policy documents. (5) Appeal of Planning Board Recommendations - Follow the provisions of Section 112 -4 of the Zoning Ordinance. (6) Action by the County Commissioners (A) Follow the provisions of Section 112 -5 of the Zoning Ordinance except as indicated below. (B) One or more Commissioners may propose additional conditions or requirements beyond those contained in the petition /application. Before the Commissioners vote to approve or deny, the Chairman of the Commissioners shall permit the petition /application to be withdrawn or amended if so desired by the petitioners or their authorized representatives. If the petitioners desire additional time to consider their course of action, they may request a continuance. (C) When the petitioners have exercised or rejected their option to amend their petition /application, it shall be considered for approval or denial. Approval shall be made in consideration of identified relevant adopted plans for the area including but not limited to comprehensive plans, strategic plans, the CAMA Plan, district plans, area plans, neighborhood plans, corridor plans and other land use policy documents. (7) Effect of Approval (A) If the petition /application is approved, establishing the Conditional district, the development and use of the property shall be governed by the predetermined ordinance requirements applicable to the district's classification, the approved site plan or master plan for the district, and any additional approved rules, regulations and conditions, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to these regulations and to the zoning maps. (B) If a petition is approved, only those uses and structures indicated in the approved petition and site plan or land use area indicated on the approved site plan shall be allowed on the subject property. Board of Commissioners Meeting 05/21/2012 26 -2 -4 (C) If any condition imposed under the Conditional District Permit is found to be illegal, the approval of the Conditional district shall be null and void, and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 112. 59.10 -5: Alterations to Approved Conditional Districts (1) Minor changes to an approved Conditional district shall be considered in the same manner as that used for Special Use Permits as set forth in Section 71 -1(9) of the Zoning Ordinance. (2) Any request for a change to an approved Conditional district that does not qualify as a minor change under the provisions of Section 71 -1(9) of the Zoning Ordinance shall be submitted as a new Conditional district. 59.10 -6: Enforcement (1) Failure to Proceed in a Timely Manner — If within 24 months from the date of approval of the Conditional district, no building permit has been issued for the subject tract, the Planning Department may schedule a hearing for the Planning Board to consider progress made. If it is determined that active efforts are not proceeding, the Planning Board may send forward a recommendation to the County Commissioners to simultaneously revoke the Conditional District and rezone the district to its classification prior to approval. (2) Failure to Comply (A) The Planning and Inspections Director shall enforce the Conditions and Requirements specified for each Conditional district following the provisions of Articles X and XIII of the Zoning Ordinance. (B) If a violation of a condition or requirement is not corrected within a reasonable time period, the Planning and Inspections Director shall begin initiation of proceedings to rezone the Conditional district to its classification prior to approval in accordance with the process outlined for map amendment in Section 112. Amend the following sections ARTICLE II: DEFINITIONS Section 23: Definitions Site Specific Development Plan - A land development plan approved by the County Commissioners following notice and public hearing which describes with reasonable certainty the type and intensity of land use for a specific parcel or parcels. Site specific development plans include special use permits, conditional use permits, conditional districts, exceptional design zoning districts and shopping center districts. (10/7/91) (23 -94) Board of Commissioners Meeting 05/21/2012 26 -2 -5 ARTICLE V: DISTRICT REGULATIONS 50.3: Conditional Use Districts and Conditional District Classifications (1/2/90) All existing zoning districts, except PD, Planned Development, EDZD Exceptional Design Zoning District, and SC, Shopping Center, shall also be designated CD, Conditional Use Districts, or CDZ, Conditional District as established by the County Commissioners. Each new conditional district or conditional use district is considered a separate zone and is not mapped until a conditional district or conditional use district rezoning and special use permit has been issued. All conditional use districts and conditional districts shall be indicated by CD or CDZ respectively followed by the general zoning district classification, as follows: Conditional Use Districts: CD(R -20S) CD(RA) CD(I -1) CD(R -20) CD(13-1) CD(I -2) CD(R -15) CD(13-2) CD(AR) CD(R -10) CD(0 &I) CD(A -I) Conditional Districts: CDZ(R -20S) CDZ(RA) CDZ(I -1) CDZ(R -20) CDZ(B -1) CDZ(I -2) CDZ(R -15) CDZ(B -2) CDZ(AR) CDZ(R -10) CDZ(0 &I) CDZ(A -I) ARTICLE XI: AMENDMENTS Section 110: Amending the Ordinance (1/2/90) 110 -1: For the purpose of promoting health, safety, morals or the general welfare, the County Commissioners may amend the text regulations and zoning map according to the procedures in this article for certain types of zoning map changes. Additional provisions in other Sections of the zoning Ordinance listed below also apply: (1) Planned Development District - See Section 53.5. (2) Shopping Center District - See Section 58. (3) Conditional Use District - See Section 59.7. (4) Riverfront Mixed Use District — See Section 59.9 (5) Exceptional Design Zoning District — See Section 53.6 Board of Commissioners Meeting 05/21/2012 26 -2 -6 (6) Conditional District — See Section 56.10 Section 111: Petition (1/2/90) 111 -1: Initiation of Amendments Proposed amendments may be initiated by the County Commissioners, Planning Board, Board of Adjustment, or by one (1) or more interested parties, except that petitions to create a Planned Development, Shopping Center, Conditional District or Conditional Use District shall be submitted only in the names of all the owners of all the included real property. 111 -2.1: Required community information meeting before consideration Before an application will be accepted as complete for a zoning amendment for proposals involving Planned Development, Riverfront Mixed Use District, Conditional District or Conditional Use Zoning District, the petitioner must include a written report of at least one (1) community information meeting held by the petitioner. The community meeting shall be held prior to submission of the application for map amendment. The primary purpose of the meeting is to explain the upcoming proposal and field questions from people in the surrounding area. Staff Recommendation: Staff recommends approval of text amendment A -401. ACTION NEEDED: (1) Approve as recommended (2) Approve with changes (3) Continue for further information (4) Deny the amendment Board of Commissioners Meeting 05/21/2012 26 -2 -7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 27 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 Text Amendment (A -402, 04/12) - Request by Staff to Amend Section 62 -1 of the County's Zoning Ordinance to Remove the Noncontiguous Lot Reference BRIEF SUMMARY: The proposed amendment would remove "non- contiguous" from Section 62: Accessory Building/Use of the Supplemental District Regulations of the County's Zoning Ordinance; thereby, allowing accessory buildings or uses to be located only on contiguous lots. At their April 12, 2012 meeting, the Planning Board voted 5 -0 to recommend approval. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval. ACTION NEEDED 1. Approve as recommended; or 2. Approve with changes; or 3. Continue for further information; or 4. Deny the amendment ATTACHMENTS: A -402 Script A -402 Amendment Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 05/21/2012 27 -0 COMMISSIONERS' ACTIONS: Continued for 60 days to allow input from the realty community and home builders 5 -0. Board of Commissioners Meeting 05/21/2012 27 -0 ITEM # 27 SCRIPT FOR TEXT AMENDMENT A -402, 04/12 REQUEST BY STAFF TO AMEND SECTION 62 -1 OF THE COUNTY'S ZONING ORDINANCE TO REMOVE THE NONCONTIGUOUS LOT REFERENCE. CHAIRMAN We have before us a Text Amendment (A -402), Request by Staff to amend Section 62 -1 of the County's Zoning Ordinance to remove the noncontiguous lot reference. STAFF PRESENTATION AND OTHER DISCUSSION (You should allow proponents or opponents of the text amendment 15 minutes total to speak) Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners Meeting 05/21/2012 27 -1 -1 AMENDMENT TO THE ZONING ORDINANCE CASE NUMBER: A -402 APPLICANT: STAFF Staff proposes to amend Section 62 -1 of Article VI, Supplementary District Regulations, for accessory buildings and use. In November of 1982 this item was before the planning board. Applicant Dr. Donald Getz applied for a text amendment to require that accessory buildings or uses be located on one or more contiguous lots. The planning board chose to continue this item because planning staff was currently in the process of changing the definition of a lot. The new definition made reference to a lot containing one or more contiguous properties not separated by a right of way. The planning board wanted the definition of a lot to be changed prior to amending the accessory building section. The new definition of a lot was approved by the County Commissioners on January 5, 1983; however, staff failed to bring the continued accessory building item back before the planning board and County Commissioners. Currently, as the definition reads, an individual could place an accessory use or building on a lot without having to first establish a primary use. Such as, within a residential district, an individual could build a garage on a residential property without ever building a dwelling unit. This unintended consequence could result in an intensity of development beyond that which was intended by the board when the initial zoning decision was made. Therefore staff is now requesting that section 62 -1 be amended to reflect the intended change. Staff proposes to remove the non - contiguous section of the supplemental district regulations to only allow accessory building or uses to be located on contiguous properties. The planning board, at their April 12 meeting, approved the item as requested 5 -0. ARTICLE VI: SUPPLEMENTARY DISTRICT REGULATIONS Section 62: Accessory Building / Use 62 -1: No accessory building shall be erected in any required yard nor within five (5) feet of any other building except that accessory buildings not exceeding 600 sq. ft. (9/4/84) may be permitted in the required side and rear yards provided such accessory buildings are at least five (5) feet from any property line and do not encroach into any required easements. Accessory buildings not exceeding 50 square feet and use exclusively to house well and pump equipment may be permitted in the required front, side and rear yards, provided such accessory buildings are at least five (5) feet from any property line and do not encroach into any required easements or sight angles. (1/4/88) An accessory building or use may be located on another contiguous lot from the principal use with which it is associated, only to the extent that the principal use itself would also be permitted on such lot. (9/12/83) (4/12/12) Board of Commissioners Meeting 05/21/2012 27-2-1 62 -2: Retention and detention facilities serving nonresidential development shall be permitted on contiguous residential tracts abutting the development served provided: (7/04) (1) There is no encroachment of the commercial activity onto the adjacent residential site, and (2) provided the adjacent residential property is in the same ownership as the commercial tract and (3) The residential site is not part of an existing residential subdivision except in the case of shared stormwater facilities. (4) The stormwater facility shall be setback twice the corresponding residential minimum side or rear yard measured from the top of the slope to the adjacent property line. A minimum 20' bufferyard within the setback shall be provided. (5) The stormwater management facility shall be constructed as an aesthetic amenity with maximum slopes of 5:1. (6) If fencing of the facility is necessary then it shall not be chain link. ACTION NEEDED: (1) Approve as recommended (2) Approve with changes (3) Continue for further information (4) Deny the amendment Board of Commissioners Meeting 05/21/2012 27 -2 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 28 DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: 2012 Short Session Legislative Goals - Update BRIEF SUMMARY: The joint meeting between the Board of County Commissioners and members of the legislative delegation resulted in a need to reconsider the 2012 Short Session Legislative Goals. Additionally, the legislative delegation and the NCACC asked the Board to adopt a resolution in support of SB433, Health and Human Services flexibility. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Influence legislation and external mandates to enhance local autonomy RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider adoption of the slate of goals as presented by the staff and resolution of support for SB433. ATTACHMENTS: Legislative Goals Resolution in Support of SB433 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider adoption of goals and resolution. COMMISSIONERS' ACTIONS: Approved 4 -1, Commissioner Berger dissenting. Board of Commissioners Meeting 05/21/2012 28 -0 New Hanover County Board of Commissioner Legislative Goals Amend the Justice Reinvestment Act (G.S.15 -A -1334) to exempt active Adult Drug Treatment Court participants. The General Assembly sought to address prison confinement costs by limiting revocation of certain probationary sentences. An unintended consequence from the Act is that repeat offenders inappropriately benefit from Drug Court. Such persons manipulate the Drug Court option on an on -going basis with frequent relapses and a demonstrated lack of commitment to treatment. The present legislation unfortunately does not permit such persons to have their probationary sentences revoked so as to serve appropriate jail time, until they have served two 90 -day periods in the county jail. Amend Renewable Energy and Energy Efficiency Portfolio Standard (G.S. 62-133.8) to add to the definition of "renewable energy resources" waste -to- energy facilities utilizing municipal waste. Amend Authority of Boards of Commissioners over commissions, boards, agencies, etc. (G.S. 153 A -77), to delete subsection (f) that states the Act is applicable only to counties with a population in excess of 425,000. Amend Administrative Hearings (G.S. 150B Article 3) to modify Session Law 2011 -398, to re- establish that the decision of an administrative law judge in the context of any appeal under the State Personnel Act from a County Health Department or County Social Services Department or their respective Boards is only an advisory recommendation and not binding on the County Department or Board. Adopt a State Budget Ordinance restoring a 50 150 state /local match for funding of Drug Treatment Court Programs pursuant to G.S. 7A -794, Funding Administration. Amend Water and Sewer Authorities (G. S. 162A, Article 1) as follows: A water and sewer authority may elect to promote programs which allow it to address assistance to customers in need in the payment of their water and sewer accounts. Amend Annexation of Non - Contiguous Areas (G. S. 160A, Article 4, Part 4) specifically 160A- 58.1 (a), first sentence, as follows: Upon receipt of a valid petition signed by all of the owners of real property in the area described therein and receipt of a resolution of the Board of County Commissioners approving such petition, a city may annex an area not contiguous to its primary corporate limits when the area meets the standards set out in subsection (b) of this section. Board of Commissioners Meeting 05/21/2012 28 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF SENATE BILL 433 WHEREAS, the membership of the North Carolina Association of County Commissioners adopted a legislative goal to "allow county flexibility to organize local human services" so counties can offer a more streamlined and efficient government to minimize administrative costs and maximize services for citizens; and WHEREAS, North Carolina county governments are responsible for administering social services and community health programs with county employees; and WHEREAS, counties cover more than $500 million per year on DSS administrative costs while state dollars cover less than 3 percent of these costs; and WHEREAS, a study commissioned by the General Assembly recommended that counties be given flexibility in determining how to organize their local human services delivery programs; and WHEREAS, Senate Bill 433 would provide all counties with the option to determine locally how they can best provide human services to their citizens; and WHEREAS, Senate Bill 433 overwhelmingly passed the Senate in 2011 with a majority of Senators in both parties in support. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners adopts this resolution in support of S433 to "allow county flexibility to organize local human services "; and FURTHER BE IT RESOLVED that copies of this resolution be transmitted to the members of the General Assembly representing New Hanover County to let them know of our support for this issue. ADOPTED this the 21 day of May, 2012. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 28-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 REGULAR ITEM: 29 DEPARTMENT: Commissioners PRESENTER(S): Chairman Davis CONTACT(S): Sheila Schult, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following: Cooperative Extension Advisory Council STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: Cooperative Ext. Advisory Council COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made to the Cooperative Extension Advisory Council: Nathan Bales, Angela Keith and Charles F. Mincey were reappointed. Justin LaNasa was appointed. Board of Commissioners Meeting 05/21/2012 29 -0 This page intentionally left blank. COMMITTEE APPOINTMENTS COOPERATIVE EXTENSION ADVISORY COUNCIL Vacancies: 5 3 Year -Term expiring 5/31/2015 APPLICANTS: ELIGIBLE FOR R EAPPOINTMENT Nathan Bales X Angela Keith X Justin LaNasa Charles F. Mincey X Attachments: committee Information Sheets Applications Board of Commissioners Meeting 05/21/2012 29 -1 -1 NEW HANOVER COUNTY COOPERATIVE EXTENSION ADVISORY COUNCIL rAl Members: 16 At- Large; Appointed by the County Commissioners Terms of office: Three years. Purpose: Participate in and support Cooperative Extension programs and events. Cooperative Extension is a partnership between New Hanover County Government and two Universities: North Carolina State University and North Carolina A & T State University. Primary responsibilities of the County Advisory Council are to: 1. Provide input and direction for overall educational programming conducted by Extension Staff and volunteers in the areas of horticulture (Arboretum), 4 -H Youth Development, Family and Consumer Sciences, Coastal Management, Environmental Education, and Urban Forestry. 2. Serve as an advocate in support of Cooperative Extension with citizens, community leaders, and elected officials 3. Foster relationships with other related organizations and agencies Meetings: Four times yearly, held in auditorium at the New Hanover County Arboretum Statute or cause creating council: Cooperative Extension Director requested County Commissioners appoint members 1123/2006. Board of Commissioners Meeting 05/21/2012 29-1-2 TERM of OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Durwood Baggett Initially by Ex- officio 2324 41" Street, Apt. 323 Cooperative Ext. Wilmington, NC 28403 NHC 1/23/06 790 -9580 (H) Nathan Bales Unexpired 11/21/11 5131112 4709 Rushing Drive Wilmington, NC 28409 632.6681 (H) 431 -4774 (C) Leon David Bridgers First 5/17/10 5131113 118 Wellington Drive Wilmington, NC 28411 685 -1947 (H) 512-2765 (W) Amanda L. Davis Unexpired 2/15/10 5/31111 P.O. Box 15135 First 5116111 5/31114 Wilmington, NC 28408 228 -8625 (C) Ted Davis, III First 6/16/08 5/31/11 309 N. Channel Drive Second 5/16/11 5131114 Wrightsville Beach, NC 28480 520 -4344 (C) 399 -5649 (W) Board of Commissioners Meeting 05/21/2012 29-1-2 e)� �f- COOPERATIVE EXTENSION ADVISORY COUNCIL PAGE 2 Revised; 3/14/2012 Board of Commissioners Meeting 05/21/2012 29 -1 -3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Adrian C. Early DO e s /J p+ First 3/16/09 5131/12 215 Valencia Court, #102 Wilmington, NC 28412 330 - 554 -2631 (C) 341 -7700 (V1/) /�-� ' Angela Keith First 4/20/09 5/31/12 6803 Buckhurst Court Wilmington, NC 28411 /L" 962 -7450 (W) 471 -8393 (C) Paul Masten Unexpired 7/20/09 5/31/10 233 Racine Drive, #86 First 5/17/10 5/31/13 Wilmington, NC 28403 352 -1812 (H) 799 -9945 (W) 616 -1085 (C) Andy Mills Unexpired 12/7/09 5/31/10 1209 Tremont Court First 5/17/10 5/31/13 Wilmington, NC 28411 791 -0804 (H) 2549333 (W) Charles F. Mincey First 2/16/09 5/31/12 5433 Widgeon Drive Wilmington, NC 28403 799 -5391 (H) 452 -1185 (W) Robert C. Murray III First 10/17/11 5131/14 8313 Sharaz Way Wilmington, NC 28411 686 -1892 (H) 470 -9841 (W) Shari Ricks First 10/17/11 5!31/14 615 Tibbys Drive Wilmington, NC 28411 200 -0752 (H) Zachary Rudisin Unexpired 8/17/09 5/31/10 5310 Petrel Court First 5/17/10 5131/13 Wilmington, NC 28409 297 -2295 (H) Chet Stukes Unexpired 3!12/12 5!31/13 2107 Rhodes Avenue Wilmington, NC 28405 343- 0800(H) 2641174 (C) Virginia Teachey First 5/16/11 5/31/14 8713 Champion Hills Drive Wilmington, NC 28411 681 -0320 (H) 520 -0414 (C) Revised; 3/14/2012 Board of Commissioners Meeting 05/21/2012 29 -1 -3 Oct 14 11 02:29p Nathan Bales 919 - 632 -6681 P.1 NEW HANOVER COUNTY B oA RD OF COMMISSIONERS D Govemment Cemer Drive, Suft 175 Wftkvtan, NC 26403 COMMITTEE APPLICATION! . Teleph ( 910) 796 - 71 49 w FAX (910) 7PS - 7145 . BoardlCommittee: New Hanover County Cooperative Extension Advisory Council Name: Nath Bal E -main: ales Q ee . rr. . coax Horne Address: 47 09 lea Dr Wilmington 28409 0 Mailing Address !f different: .^ i.:..■:..::■— wn.. .. �. ��.r■•rrr..ri.r•i1..nni..nM rr ■■...■■w.■�.. i i (Cty) (Zo Code) Horne Phone: 910 - 632 -6681 Pax: same Cell: 910- 431 -4 774 Business: Years living in New Hanover County: ? Male: V Fernsie: face: White Age: 66 (ImbrnvOw for the pw oose of asstidng a cross - sect of the cornmunhy) Do you have a family member etWioyed by New Hanover County? If yes, name nO E Self r Bales Therapy A person cuffefty employed by RX eqwcy or depwrtrnent for whkh its eppftWorr is made, must resign hislher positron with New Hanover Cowty upon appdntmaM in accorftwe vAth Arfcle V7, Sec. 4 of ire New Hanover County Peravnnel Pbflcy kwMerrnom, applicant should have no irrtmediaft family rmmber errWloyed by such agency or depadmeaf. Occupation: Licensed Massage Therapist Professional Activities: ? MunteerAcOvides: Meat On Wheels delivery President of NHC Beekeepers Association Why do you wish to serve on this boar dlcommitrtee? Haig the e4mmuni ty . Conflict of IN t■ jf* board member bekeves heAhe has a conflict orpolenial conflict of InWva on a parScularissue, # at member should stage ttais beeltef to the other mn*ers of h'a W respag vie boerd du6ng a pubbc nwbM The +member akwAd sWe the nature of Ov eonffid, detarfng [hat lie Ww has a separaJe, private, or monetary irrAwnt either direct or fn*act, b7 ft issue undar coomderadon. The rrrerrrber should Own excuser twwdNwrself from vetit on the matbr. What areas of ooncem would you like to see addressed by this comatiltee? Street beautrifi on hik bake trails r energy efficiency of city resources Qualiffcadons forserWng: master gardener for 40 years, pr evious home builder, maturity Other municipal or county boards/committees on which you are serving: none List three local personal references and i David B i dgers 91 D - 512 -27 2■ Michae Goins 91O- 616 -7420 3■ Brian West 910 --619 -4884 ei[�m J U OCT 1 3 20 u 777 P.D 0 -1401w- 7 �7 Signature i understand that anjyboard or cam W a aWolntee nwry be removed wfthow# cause by a majority or County C mrWssioners. Date_ 10/11/2011 Applfcatftns am kept on Me for IS months please use reverse side for adcfidonal comments Board of Commissioners Meeting 05/21/2012 29 -1 -4 New Hanover County Board of Commissioners COMMITTEE APPLICATION Board /Committee: Cooperative Extension Advisory Council Name: Angela Keith Home Address: 6803 Buckhurs t Ct . Wilmington, NC 28411 (Street) (City) (Zip Code) Mailing Address if different: same E - Mail Address keitha@uncw.edu Home Phone n/a Fax: 910- 962 -7522 Cell: 910 -471 -8393 Business: 910- 962 -7450 Years Living in New Hanover County: 2 Male: Female: Race: caucasion Age: 2 9 (Information for the purpose of assuring a cross section of the community) Employer: University of North Carolina Wilmington (A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.) Occupation Office Manager Professional Activities: SEANC (elected delegate, Dist. Scholarship Committee &Comm. Chair) 230 Government Center Drive Suite 175 Wilmington, NC 28403 Telephone: (910) 798 -7149 Fax: (910) 798 -7145 Volunteer Activities: Animal Rescue, Community Involvement, Environmental Improvement Why do you wish to serve on this board /committee? As a current MPA student and an active citizen, i want to serve my community by serving in an area that interests me greatly. Conflict of Interest: !f a board member believes he / she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his / her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private or monetary interest, either direct or indirect, in the issue under consideration The member should then excuse himself / herself from voting on the matter. What areas of concern would you like to see addressed by this committee? communi educat for children and adults along with activism. Qualifications for serving: D edication to public interest, Continuing study of public administration, Responsible, Eager, Professional, Creative Other municipal or county boards /committees on which you are serving: none at this time List three local personal references and phone numbers: 1. Dr. Laurie Paarlberg (910-962-2291) 2. Jennifer Schenk (201- 264 -1355) I Mark Morgan (910- 962 -3719) Mn E k P�9 I W Fn Lj MAR 2 3 2009 L) NEW HANOVEA CO. BD. Of COMMIS51ONERS--- Date: March 20, 2009 Applications are kept on file for 18 months Signature: Use reverse sided additional comments Board of Commissioners Meeting 05/21/2012 29-1-5 NEW HANO VER COUNTY BOARD OF COMMISSIONERS - r y r 230 Govemment Center Drive, Suite 175 r , Wihnington, NC 28403 COMMITTEE APPLICATION Telephone (9 10) 798 - 7149 FAX (910) 798 -7145 Pi Boar&Crrrurdffee; L dC Q" ! 77 Narne; a�)C� F -Mail: Home Address: •o� WI C-- 7 • 4 • d Mailing Address if d Nferent; uJrciL aJ. coµ (City) (Zip Code) Home Phone: Fax: AJ Celli ` Al) F�Business: Years Inning in New Hanover County: Male: Female: Race: Age: (information for the purpose of assuring a cross - section of the community) Do you have a fan*y member mployed by New Hanover County? if yes, name , Ehployer. A person currently employed by the agent or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such ncy or , department. Occupation; tde 4OOJ� I S I r LS Professional Ac#il 6es: Volunteer Activities: A) 14/ — L r F�� P t Y &z r j A'wo-- r.16.9rt wh do wish to serve on this board/c O � & � Y� Cn# gkf of hiftrest If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his4w respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest either direct or indirect, in the issue under consideration The member should then excuse himselfAierself from voting on the matter Mat areas of concern old you like to see addressed by this a 'itee? To -j rA /),(i '62 7 Qualifications for serving; Col t4 t94 1, f -Jto� a le 5 �� - r Other minicipal or coon boardskorr�ittees an which are servin � � tl I List three local personal Applications are felit od file for I mnnths Please rise reverse side fur additional comments Signature 1 understand that any without m Board of Commissioners Meeting 05/21/2012 29-1-6 ((" lr l--- 11 F MA R 1 3 2012 RD nr C:p , tutee may be removed County Commissioners. New Hanover County Board of Commissioners Board /Committee: I vew Name: 0_ '�\AVAC7- 4 ; 04L 1 Horne Address: V f - 3 # 3 1Z 106 aoAj A (Street) COMMITTEE APPLICATION iL m _ (City) aU;Vi&__2 (Zip Code) Mailing Address if different: E - Mail Address: Home Phone: V N-o , Fax: 3 Cell: �' "` f Bus Mess: 1 L� _ _ _ 40t _ Years Living in New Hanover County: Male: Female: _.: Race: Age: —3-3— (information for the purpose of assuring a cross section of the community) Employer: rt C. ' - Ui c.. MACTax� (A person currently employed by the agency or department for which this applicadon is made, must resign his/her position with New Hanover County upon appointmerrt, in accordance with Article VI, Section 4 of the New H anover County Personnel Policy.) e % - - Occupation: lam► i b Fa*e% F6 .sT It Professional Activities: ' iLLTt A R& Volunteer Activities: P (L IN om4rr ZP T .. ppii_ '` 15 99 why do you wish to serve on this board /committee? 7X:� Conflict of ! terest. !t aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state.this beheft to other members of his / her respective hoard during a public m eeting. The member should state the nature of the conflict, detailing that helshe has a separate, private or monetar0(I� interest, either direct or indirect, in the issue under consideration The member should then excuse himself I herself from voting on the ma tter. What areas of concern would you like to see addressed by this committee? 41 w �' *. ;1 0 Vim. +� `� �� 1�,. - � 9 -"`,w W*ve U.M b Ic rwu R.; # !nc� A 1&w I . & J W E�W V I Adv) ft Qualifications for serving: �'. maw -[ ►�„ �y a Other municipal or county hoards /committees on which you are serving: ) v List three local personal references and phone numbers: - L. .6 'r A;wi 2. 3. K nss rr�- �--is►+ �rZ. Date:_ 0 - :�,.. Applications re lcep on fie for 18 m 09 &f & V:9 1 230 Government Center Drive Suite 175 Wilmington, NC 28403 Teiephone: (910 795 -7149 Fa (910) 79$ -7145 IYX f r f u t� JAN - 8 2OnO *A ljg?6000 AV-e Ce A*:�Avl 77 -9 0, • X36- 72�r Use reverse side for Jdditional commen NEW HANOVER Co como 05/21/2012 29-1-7 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: May 21, 2012 ADDITIONAL ITEMS ITEM: 30 DEPARTMENT: PRESENTER(S): Avril Pinder, Assistant County Manager CONTACT(S): Avril Pinder, Assistant County Manager SUBJECT: Consideration of Adoption of a Budget Amendment for Cape Fear Public Utility Authority Economic Development Funding for the Project Defined as Kirkland Sewer BRIEF SUMMARY: On May 7, 2012, the Board approved a Participation Reimbursement Agreement between the County and Cape Fear Public Utility Authority to assist CFPUA in financing the construction of the Project defined as Kirkland Sewer. The County will provide no interest economic development funding in the amount of $650,000 for the Project. This budget amendment appropriates fund balance to provide this funding. Time is of the essence, since CFPUA needs the funds in hand prior to the letting of request for proposal or before interim improvement can be made. As specified in the Participation Reimbursement Agreement, CFPUA will construct the Project and immediately place the Project into operation. Developers requiring sewer capacity for new development shall pay their respective fees and charges as determined by CFPUA, based on a cost per gallon, at the time of sewer allocation approval. The capacity fee will be collected by CFPUA and payment made to the County. To expedite repayment to the County, CFPUA will also remit to the County any System Development Charges collected in the Project area. CFPUA shall also collect applicable System Development Charges for existing and new lots of record where new construction will take place and a connection to the system will be made in the Project area. Payments from CFPUA to the County shall continue only until the County is fully reimbursed for $650,000. Annually, CFPUA will provide the County an accounting of all connections made and a reimbursement check for the amount. 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: Recommend adoption of the ordinance for Budget Amendment 12 -242. ATTACHMENTS: BA 242 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 05/21/2012 30 -0 Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -1, Commissioner Berger dissenting. Board of Commissioners Meeting 05/21/2012 30 -0 AGENDA: May 21, 2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET BY BUDGET AMENDMENT 12 - 242 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 12 -242 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): Develop / maintain / implement comprehensive plans (land use, etc.) Understand / act on citizen needs Fund: General Fund Department: Economic Development Expenditure: Decrease Increase CFPUA Economic Development Funding $650 Total 1 $0 11 $650 Revenue: Decrease Increase Appropriated Fund Balance $650 Total 1 $0 11 $650 Section 2: Explanation On May 7, 2012, the Board approved a Participation Reimbursement Agreement between the County and Cape Fear Public Utility Authority to assist CFPUA in financing the construction of the Project defined as Kirkland Sewer. The County will provide no interest economic development funding in the amount of $650,000 for the Project. This budget amendment appropriates fund balance to provide this funding. 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 -242, amending the annual budget ordinance for the fiscal year ending June 30, 2012, is adopted. Adopted, this 21 st day of May, 2012. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 05/21/2012 30 -1 -1