HomeMy WebLinkAboutAgenda 2008 10-20AGENDA
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
ROBERT G. GREER, CHAIRMAN • WILLIAM A. CASTER, VICE-CHAIRMAN
TED DAMS, JR., COMMISSIONER • WILLIAM A. KOPP, COMMISSIONER • NANCY H. PRITCHETT, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY ~ SHEILA SCHULT, CLERK TO THE BOARD
OCTOBER 20, 2008 9:00 A.M.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCATION (Reverend Steve Hein, St. Andrews-Covenant Presbyterian Church)
PLEDGE OF ALLEGIANCE (Commissioner Nancy H. Pritchett)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of State Road Resolution
3. Approval of 2009 Board Meeting Calendar
4. Approval to Submit a Senior Health Insurance Information Program (SHIIP)
Grant Application
5. Approval to Submit a Grant Application to the Champion McDowell
Charitable Foundation
6. Approval of FY 08-09 JCPC Budget: Additional Funds
7. Approval to Dispose of Surplus Property According to Procedures Outlined in
Chapter 160 Article 12
8. Approval to Submit a Lowe's Heroes Grant Application
9. Approval of Local Firemen's Relief Fund Trustee Appointments
10. Approval to Award Bid for Enterprise Backup Solution to VSS
11. Approval to Accept the FY2008 Department of Homeland Security (DHS)
Grant Award for the Local Explosives Ordinance Disposal (EOD) Team
12. Approval to Apply for a Grant with the North Carolina Governor's Highway
Safety Program (GHSP) for 2009 Funding for an Information Technology
Project
13. Approval to Accept Pressure Washer, Trailer, and Water Tank for Graffiti
Removal
14. Approval of Release of Tax Value
15. Approval of Release of Taxes Barred by GS 105-378
16. Adoption of a Gross Receipts Tax Resolution on Heavy Equipment in Lieu of
Property Taxes
17. Adoption of Ordinances for Budget Amendments
ESTIMATED
TIMES RE LAR A ENDA ITEM F B I E
GU G S 0 USN SS
9:10 a.m. 18. Presentation of Employee Service Awards and Introduction of New
Employees
9:25 a.m. 19. Consideration of a Resolution Supporting Wilmington Downtown, Inc.'s
Request to the Alcohol Beverage Control Commission
9:35 a.m. 20. Public Hearing Regarding the Issuance of Hospital Revenue Bonds in an
Board of Commissioners Meeting
10/20/2008
Aggregate Principal Amount Not to Exceed $40,000,000
9:55 a.m. 21. Consideration of Series Resolution Authorizing and Approving the Issuance
and Sale of the County of New Hanover Variable Rate Hospital Revenue
Bonds in the Aggregate Principal Amount Not to Exceed $40,000,000
10:05 a.m. 22. Presentation: Highway 17 Association
10:15 a.m. 23. Consideration of New Hanover County Identity Theft Prevention Program
NON-AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
10:25 a.m. 24. Additional Items
County Manager
County Commissioners
Clerk to the B oard
County Attorney
10:35 a.m. 25. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
10/20/2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Greer
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 October 2, 2008
Regular Session meeting held on October 6, 2008
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
1-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 2
DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Adoption of State Road Resolution
BRIEF SUMMARY:
NCDOT is considering the addition of these roads and requesting the Board to adopt a resolution in support
of adding the roads to the state system:
Quail Woods Road and Forest Bend Lane in the Carrington Woods Subdivision in New Hanover County
(Division File No. 1128-N).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt SR-2 resolution.
ATTACHMENTS:
NCDOT Request Letter
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
2-0
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DMSION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR
September Z4, 2008
Ms. Sheila Schutt, Clerk to the Board
New Hanover County Beard of Commissioners
23 ~ Government Center Drive, Suite 175
Wilmington, NC 28403
Subject: Proposed Addition to the State System of Highways
Dear Ms. Schutt:
SECRETARY
SEP 2 6 2008 (~
NEW HANOVER CO
BD. OF COMPAISSIONERS
This once is considering the addition of Quail woods Road and Forest Bend lane in the
Carrington woods Subdivision to the state system Div. File No: 1128-N}. After the Board's
consideration, if they concur with our recommendation, please furnish this office with the
current county resolution and o~cial road name for our further handling.
If I may be of further assistance, please advise.
Sincerely,
1~
Anthony W. a
District Engineer
AwL:jdd
300 Division Drive, wihningtan, N ~ 28401 Tel. (910} 251-Zb55 Fax: (910} 251-2759
Board of Commissioners Meeting
10/20/2008
2-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 3
DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of 2009 Board Meeting Calendar
BRIEF SUMMARY:
Consider draft of suggested dates for 2009 Board meetings.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve 2009 Board meeting calendar.
ATTACHMENTS:
2009 Schedule of Regular Meetings
2009 Meetings & Conferences Calendar
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
3-0
DRAFT
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
2009 SCHEDULE OF REGULAR MEETINGS
MEETING PLACE: NEW HAN01/ER COUNTY COURTHOUSE
24 N. THIRD STREET, ROOM 30~, WILMINGTON, NC
MONDAY, January 5, 2009 6:00 P.M.
TUESDAY, January 20, 2009 9:00 A.M.
MONDAY, February 2, 2009 6:00 P.M.
MONDAY, February 16, 2009 9:00 A.M.
MONDAY, March 2, 2009 6:00 P.M.
MONDAY, March 16, 2009 9:00 A.M.
MONDAY, April 6, 2009 6:00 P.M.
MONDAY, April 20, 2009 9:00 A.M.
MONDAY, May 4, 2009 6:00 P.M.
MONDAY, May 18, 2009 9:00 A.M.
MONDAY, June 1, 2009 6:00 P.M.
MONDAY, June 15, 2009 9:00 A.M.
MONDAY, July 6, 2009 6:00 P.M.
MONDAY, July 20, 2009 9:00 A.M.
MONDAY, August 3, 2009 6:00 P.M.
MONDAY, August 17, 2009 9:00 A.M.
TUESDAY, September 8, 2009 6:00 P.M.
MONDAY, September 21, 2009 9:00 A.M.
MONDAY, October 5, 2009 6:00 P.M.
MONDAY, October 19, 2009 9:00 A.M.
MONDAY, November 2, 2009 6:00 P.M.
MONDAY, November 16, 2009 9:00 A.M.
MONDAY, December 7, 2009 6:00 P.M.
MONDAY, December 21, 2009 9:00 A.M.
Conference Dates
NCACC Legislative Goals Conference, Pitt County, NC (Hilton Greenville) January 15-16, 2009
NACo Legislative Conference, Washington, D.C. March 7 -11, 2009
NACo Annual Conference, Nashville, TN July 24 - 29, 2009
NCACC Annual Conference, Hickory, NC August 26 - 30, 2009
Chamber Conference, Washington, D.C. (Tentative) September 14-15, 2009
Board of Commissioners Meeting
10/20/2008
3-1-1
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Board of Commissioners Meeting
10/20/2008
3-2-1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 4
DEPARTMENT: Aging PRESENTER(S): Diane Turner
CONTACT(S): Annette Crumpton
SUBJECT:
Approval to Submit a Senior Health Insurance Information Program (SHIIP) Grant Application
BRIEF SUMMARY:
The Department of Aging seeks approval to apply for a NC Department of Insurance SHIIP grant ($10,000)
to fund a portion of the operating costs for the Prescription Drug Assistance Program from 12/1/08 to
11/30/09. (The Department of Aging is applying for a second grant from Champion McDowell Charitable
Foundation to cover remainder of program costs. The second grant application is also being submitted on the
10/20/08 agenda.) SHIIP grant monies will be used to cover salary for one part-time temporary staff person
16 -18 hours a week and operating expenses for the program (will fund program through FY08-09 budget
year). If the Champion McDowell Charitable Foundation is not approved to fund the remaining program
expenditures through 12/09, then part-time temporary staff hours will be reduced.
There is no County match required. The grant application is available for review in the County Manager's
Office.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve submittal of SHIIP grant application in the amount of $10,000.
ATTACHMENTS:
SHIIP budget
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
4-0
SHIIP Grant Program for Community-Based Medicare Part D LIS Outreach and
Enrollment Efforts
Attachment II
Budget
Salary (1 part-time staffl
FICA
Print Materials
Postage
Outreach Events
Travel/Training
Supplies
$7,150
547
403
500
1, 000
200
200
TOTAL $10, 000
Board of Commissioners Meeting
10/20/2008
4-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 5
DEPARTMENT: Aging PRESENTER(S): Diane Turner
CONTACT(S): Annette Crumpton
SUBJECT:
Approval to Submit a Grant Application to the Champion McDowell Charitable Foundation
BRIEF SUMMARY:
The Department of Aging seeks approval to apply for a grant from Champion McDowell Charitable
Foundation in the amount of $7,800 to fund a portion of the operating costs for the Prescription Drug
Assistance Program from 1/1/09 to 12/31/09. (The Department of Aging is applying for a second grant to
cover remainder of program costs. The second grant application (SHIIP) is also being submitted on the
10/20/08 agenda.) Grant monies from the Champion McDowell Charitable Foundation will be used to cover
costs of salary for one part-time temporary staff person 16-18 hours a week and some operating costs.
There is no County match required for the grant. The grant application is available for review in the County
Manager's Office.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve submittal of grant application to the Champion McDowell Charitable Foundation in the amount of
$7,800.
ATTACHMENTS:
Champion McDowell Davis budget
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
5-0
PART lll: FINANCIAL INFORMATION
1. Amount requested from Champion McDowell Davis Charitable Foundation.
(If multi-year funding is requested, also specify how you wish this fo be paid per year.)
Requested Amount: $7,800
To be paid in one payment at the beginning of the grant period.
2. Develop a complete project/program budget; including expenses and income, for the period
you are requesting funds. Also, please attach a copy of your most recent (a) 990 and
(b) audit or financial statement with this application.
Project Budget:
From 1 l1 /09 To 12/31 /09
Champion McDowell Davis Foundation Page 1 of 2
Grant Application Form Board of Commissioners Meeting
Version 9/24/08 10/20/2008
5-1-1
Champion McDowell Davis Foundation Page 2 of 2
Grant Application Form Board of Commissioners Meeting
Version 9/24/08 10/20/2008
5-1-2
3. List the names of organizations, both public and private, to which you have applied for
support forthis specific projectlprogram. Also show the amount requested and the status
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 6
DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager
CONTACT(S): Chris Coudriet
SUBJECT:
Approval of FY 08-09 JCPC Budget: Additional Funds
BRIEF SUMMARY:
The General Assembly included a $500,000 expansion of Juvenile Crime Prevention Council (JCPC) funds
in the state budget for FY 08-09. The additional funding to New Hanover County is $12,527, bringing the
County's total allocation to $456,152.
An allocation strategy for the new funds is attached.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the allocation strategy for additional JCPC funds in the amount of $12,527 and adopt the ordinance
for budget amendment 09-065.
ATTACHMENTS:
Letter from Secretary Sweat
JCPC Funding Allocatation
B/A 09-065
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Approve the request as outlined by the JCPC chair.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
6-0
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STATE OF NORTH CAROLINA
DEPARTMENT OFJUVENILEJUSTlCE AND DELINQUENCY PREVENTION
1$0'1 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27$99-1$01
TELEPHONE: (919) 733-3388
Michael F. Easley
Governor
September ~, 2008
The Hon. Robert G. Greer
New Hanover County Chair
8735 Ramsbury ~Uay
Wilmington, NC 28411
Dear Commissioner Greer:
George L. Sweat
Secretary
1 ,
l~n behalf of Governor Mike Easley, I am pleased to announce the
restoration, recurring status, and an expansion of Juvenile Crime Commission
Council funds for fiscal year 2008-2009. In the 2008 Session, the North Carolina
General Assembly approved an increase of $500,000 for a total state allocation of
$23,152,866. A county allocation chart is enclosed.
Counties must submit 3CPC Program Agreements to Department of Juvenile
Justice and Delinquency Prevention Area Offices prior to December 31, 2Q08 in
order to receive these additional funds. After that date, unallocated funds will be
transferred to discretionary funds in accordance with Department Administrative
Rules. These rules may be reviewed on the Department's website
(wvvw.ncdj~ d~ p.org).
I want to thank you, other local officials, your Juvenile Crime Prevention
Council, and JCPCgront-funded service providers for your efforts during the
Continuation Review, These efforts helped restore the JCPC funding. Thank you
also for supporting efforts in your community which enhance the wellbeing of
youth and families.
Physical Location: 470 S. Salisbury Street • Raleigh, North Carolina
STATE COURIER NO. Sb-20-08
Board of Commissioners Meeting
10/20/2008
6-1-1
JCPC Allocation
Page 2
Sincerely,
,~..~~
George L. Sweat
Secretary
Enclosure
pc: County Manager
County Finance Officer
Juvenile Crime Prevention Council Chairperson
Program Services Assistant Secretary East
Program Services Assistant Secretary Nest
Community Programs State Administrator
DJJDP Area Administrators
DJJDP Area Consultants
Chief Court Counselors
Physical Location: 410 S Salisbury Street • Raleigh, North Carolina
STATE COURIER N0. 56-20-08
Board of Commissioners Meeting
10/20/2008
6-1-2
JCPC 2aO~-49 ALLOCATION
COUNTY 1x17
PCP
200?-08
Allocation Zoos-a9
Additional
Allocation
2008-09
Allocation
Afamance 15,680 $ 336,412 $ 11,186 $ 347,598
Alexander 4,047 $ 115,297 $ 2 887 $ 118,184
Alle han 989 $ 59 994 $ 706 $ 60,700
Anson 2,804 $ 109,041 $ 2,000 $ 111,041
Ashe 2,324 $ 90,466 $ 1,658 $ 92,124
Ave 1,529 $ 11,431 $ 1,091 $ 78,522
Beaufort 4,638 $ 157100 $ 3,309 $ 160,409
Bertie 2,186 $ 96,580 $ 1,559 $ 98,139
Bladen 3,580 $ 149,289 $ 2 554 $ 151,843
Brunswick 9,266 $ 179 429 $ 6,610 $ 186,039
Buncombe 22147 $ 519,004 $ 15,800 $ 534 804
Burke 10 097 $ 235 212 $ 7 203 $ 242,415
Cabarrus 19,084 $ 313,345 $ 13,614 $ 326,959
Caldwell 8,420 $ 216,221 $ 6 007 $ 222,228
Camden 1072 $ 53,874 $ 765 $ 54,639
Carteret 5 481 $ 173 707 $ 3 910 $ 177,617
Caswell 2,444 $ 100 923 $ 1,744 $ 102,667
Catawba 17,022 $ 337,716 $ 12,143 $ 349,859
Chatham 5,643 $ 147,073 $ 4,026 $ 151,099
Cherokee 2,461 $ 88 538 $ 1,756 $ 90,294
Chowan 1,508 $ 78,825 $ 1,076 $ 79,901
Cla 821 $ 54,205 $ 586 $ 54,791
Cleveland 11,353 $ 284,516 $ 8 099 $ 292,615
Columbus 6,172 $ 204 983 $ 4,403 $ 209,386
Craven 9,497 $ 261 193 $ 6 775 $ 267,968
Cumberland 36,421 $ 940,867 $ 25,983 $ 966,850
Currituck 2,534 $ 84,329 $ 1808 $ 86,137
Dare 2,951 $ 90 978 $ 2,105 $ 93,083
Davidson 17,020 $ 399 091 $ 12142 $ 411,233
Davie 4,560 $ 112,410 $ 3,253 $ 115 663
Du lin 6,134 $ 173,677 $ 4,376 $ 178,053
Durham 25,082 $ 547 019 $ 17 893 $ 564,912
Ed ecombe 6,238 $ 223 235 $ 4 450 $ 227,685
Fors h 37 009 $ 724 238 $ 26 402 $ 750 640
Franklin 6,452 $ 139 598 $ 4,603 $ 144,201
Gaston 21497 $ 543 318 $ 15,336 $ 558,654
Gates 1,399 $ 63,527 $ 998 $ 64,525
Graham 788 $ 57 820 $ 562 $ 58,382
Granville 5,996 $ 144,696 $ 4,277 $ 148,973
Greene 2,360 $ 83,251 $ 1,684 $ 84,935
Guilford 50 249 $ 1003,915 $ 35,847 $ 1,039,762
Halifax 6 230 $ 213 453 $ 4 444 $ 217,897
Harnett 12,974 $ 226 572 $ 9 256 $ 235,828
Ha ood 5,286 $ 149 905 $ 3,771 $ 153,676
Henderson 9,374 ~ 202 985 $ 6 687 $ 209,672
Hertford 2 561 $ 111300 $ 1827 $ 113,127
Hoke 5 445 $ 122 989 $ 3 884 $ 126,873
H de 427 $ 52,219 $ 305 $ 52,524
Iredell 17,482 $ 289 418 $ 12,472 $ 301,890
Jackson 3 045 $ 106146 $ 2,172 $ 108,318
10-17 Zoos-o9
COUNTY PCP 2007.08 Additional 2008-09
Allocation Allocation Allocation
(Lenoir
New Hanover 17,559 ~ 443 625 $ 12,527 $ 456,152
Northam ton 2,245 $ 97 465 $ 1602 $ 99,067
Onslow 16,518 $ 437,222 $ 11,184 $ 449,006
Oran a 11,770 $ 283,951 $ 8,397 $ 292,348
Pamlico 1,118 $ 67,497 $ 798 $ 68,295
Pas uotank 4,077 $ 137,064 $ 2,909 $ 139,973
Pender 5,206 $ 115,855 $ 3,714 $ 119,569
Per uimans 1,224 $ 66,664 $ 873 $ 67,537
Person 3,965 $ 126,869 $ 2,829 $ 129,698
Pitt 15,946 $ 335,449 $ 11,376 $ 346,825
Polk 1,738 $ 69,061 $ 1,240 $ 70,301
Randol h 15,417 $ 325,446 $ 10,998 $ 336,444
Richmond 5,558 $ 164,334 $ 3,965 $ 168,299
Robeson 16,529 $ 437,283 $ 11,792 $ 449,075
Roclun ham 9,464 $ 273 274 $ 6 752 $ 280,026
Rowan 15,184 $ 328,852 $ 10,832 $ 339,684
Rutherford 6,742 $ 185,998 $ 4,810 $ 190,808
Sam son 7,552 $ 171,551 $ 5,388 $ 176,939
Scotland 4,818 $ 156 912 $ 3 437 $ 160,349
Stanl 6,629 $ 178 503 $ 4 729 $ 183,232
Stokes 5,145 $ 139,498 $ 3,670 $ 143168
Sur 8,093 $ 199,042 $ 5,773 $ 204,815
Swain 1,519 $ 67,753 $ .1,084 $ 68,837
Trans Ivania 2,900 $ 107 628 $ 2 069 $ 109,697
T rrell 366 $ 49,101 $ 261 $ 49,362
Union 22,736 $ 293,784 $ 16,220 $ 310,004
Vance 5,402 $ 164,938 $ 3 854 $ 168,792
Wake 93,973 $ 1 166 262 $ 67 040 $ 1,233,302
Warren 2,099 $ 84,523 $ 1,497 $ 86,020
Washin ton 1,465 $ 78,259 $ 1,045 $ 79,304
Watau a 3,250 $ 117,981 $ 2,319 $ 120,300
Wa ne 13,152 $ 345 739 $ 9 383 $ 355122
UVilkes 6 845 $ 196 654 $ 4 883 $ 201,537
Wilson 9,113 $ 244,261 $ 6,501 $ 250,762
Yadkin 4,225 $ 117 097 $ 3,014 $ 120,111
Yance 1,768 $ 75,632 $ 1261 $ 76,893
TOTALS 981,222 $22,441,299 $ 700,000 $23,141,299
Additional allocation calculated @ 71¢ per youth (ages 10 to 17},
Population Source: Office of State Budget and Management's CountylState Population Projections
July 1, 2008 County Total Age Groups-Youth
(http:/fwww.osbm.state.nc.usldemogic08sag2.t~trr~l}
Data collected on August 18, 2008.
~` Note: Total General Assembly appropriation: $23,152,866. The Department of Juvenile Justice and Delinquency Prevention
is holding $11,567 in reserve far contingencies or allocation after third quarter accounting.
JCPC 2008-09 Allocation.xls I pdw
9!5/08
Board of Commissioners Meeting
10/20/2008
6-1-3
JCPC Expansion Funds Allocation Strategy
Reveue
Expansion Funds $12,527
Allocation Share* Revised Budget (if approved
JCPC Admin $7,500 $15,500
JDTC $1,676 $1,224,936
Psych Services $1,616 $228,581
Teen Caurt $1,675 $41,825
Note: These funds ar e allocated for the purpose of
staff training and community edu cation as agreed
to with the JCPC.
Board of Commissioners Meeting
10/20/2008
6-2-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-065
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-065 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Juvenile Services
Ex enditure: Decrease Increase
Juvenile Services:
JCPC Administration Trainin and Travel $7,500
Teen Court Trainin and Travel 1,675
Juvenile Ps cholo ical Services:
Trainin and Travel 1,676
Juvenile Da Treatment:
Trainin and Travel 1,676
Total $12,527
Revenue: Decrease Increase
Juvenile Services:
De artment of Juvenile Justice Grant (Teen Court
and Administration $9,175
Juvenile Ps cholo ical Services:
De artment of Juvenile Justice Grant 1,676
Juvenile Da Treatment:
De artment of Juvenile Justice Grant 1,676
Total $12,527
Section 2: Explanation
To budget additional Juvenile Crime Prevention Council funds in the amount of $12,527 to be used for
staff training and community education.
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 09-065, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
6-3-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 7
DEPARTMENT: Finance PRESENTER(S): Avril Pinder
CONTACT(S): Lena Butler
SUBJECT:
Approval to Dispose of Surplus Property According to Procedures Outlined in Chapter 160 Article 12
BRIEF SUMMARY:
Chapter 160A-Article 12 of the General Statutes governs the sale and disposition of property. Currently, the
County has certain items of personal property that are surplus and are being stored in the County's warehouse
on Division Drive.
Staff proposes to dispose of the personal property according to the procedures prescribed in Chapter 160A-
270(c) which authorized the disposal of personal property electronically using an existing private or public
electronic auction service. Staff proposes to utilize the services of GovDeals, an online Internet based
provider servicing government entities.
If items do not sell using this electronic auction service, staff proposes to dispose of the property by any
other method authorized by the Statutes including discarding.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Declare property surplus and adopt resolution authorizing the disposal electronically using GovDeals or any
other method authorized General Statute including discarding.
ATTACHMENTS:
PROPERTY LISTING
resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
7-0
AUCTION LIST FY 2009 (2)
AUCTION
NUMBER FA# SERIAL# DEPARTMENT DESCRIPTION/MILEAGE
1 9376 1FMCA11U8KZB21502 Property Mgmt 1989 Ford Aerostar Van/104,923
2 13544 1FTJW35H9VEB36477 Parks &Rec 1997 Ford F-350 Truck/105,901
3 14303 3B6KC26Z11NM261553 Parks &Rec 1998 Dodge 2500 Truck/107,549
4 12786 IFTHF26H75NB47464 Landfill 1995 Ford F-250 Truck/69,734
5 16743 1FTZF172XYN871808 Parks &Rec 2000 Ford F-150 Truck/143,671
6 15402 1GTEC19V1YE239444 Parks &Rec 2000 GMCTruck/174,643
7 13224 1B7JC26ZOTJ132817 Parks &Rec 1996 Dodge Truck/111,216
8 11066 28THF25H1JCA17007 Cooperative Ext 1988 Ford F-250 Truck/116,695
9 172298 2FALP71w2VX186949 Property Mgmt 1997 Ford Crown Vic/121,341
10 17306 2FALP71w1VX117492 Property Mgmt 1997 Ford Crown Vic/142,730
11 14354 1FTEF15Y01ZA88043 Parks &Rec 1996 Ford F-150 Truck/131,952
12 15413 2FALP71w3VX117512 Property Mgmt 1997 Ford Crown Vic/131,215
13 18395 Property Mgmt IBM Laptop
14 DSS IBM ThinkCenter
15 DSS IBM ThinkCenter
16 DSS IBM ThinkCenter
17 DSS IBM ThinkCenter
18 Health Minolta Camera
19 CVB00175 Health Sony Projector
20 Health Coat Rack
21 11558 56A0665 IT IBM 6262 Printer
22 Senior Desk
23 Senior Chair
24 DSS Desk
25 DSS Desk
26 DSS Desk
27 DSS Desk
28 DSS Desk
29 DSS Desk
30 DSS Desk
31 DSS Desk
32 DSS Desk
33 DSS Conference Table
34 Senior Table
35 Senior Table
36 Senior Table
37 Senior Table
38 Senior Table
39 Senior Table
40 Senior Table
41 Senior Table
42 Senior Table
43 Senior Table
44 Senior Table
Board of Commissioners Meeting
10/20/2008
7-1-1
AUCTION LIST FY 2009 (2)
45 Senior Table
46 Senior Chairs (42)
47 Health IBM 6400
48 Property Mgmt Metal Table
49 Property Mgmt Chair
50 Property Mgmt Chair
51 Property Mgmt Chair
52 Property Mgmt Chair
53 Property Mgmt Chair
54 Property Mgmt Chair
55 Property Mgmt Chair
56 DSS Chair
57 DSS Chair
58 DSS Chair
59 DSS Chair
60 DSS Chair
61 DSS Chair
62 DSS Chair
63 DSS Chair
64 DSS Chair
65 DSS Chair
66 DSS Chair
67 DSS Chair
68 DSS Chair
69 DSS Chair
70 DSS Chair
71 DSS Chair
72 DSS Chair
73 DSS Chair
74 DSS Conference Table
75 DSS Computer Table
76 DSS Computer Table
77 DSS Computer Table
Board of Commissioners Meeting
10/20/2008
7-1-2
NEW HANOVER COUNTY BOARD COMMISSIONERS
RESOLUTION
REQUESTING APPROVAL FOR DISPOSAL OF SURPLUS PROPERTY
WHEREAS, New Hanover County has certain items of personal property that are surplus and are
being stored in the County's warehouse on Division Drive; and
WHEREAS, the items to be disposed of are listed and submitted as an attachment to this resolution;
and
WHEREAS, staff proposes to dispose of the personal property according to the procedures
prescribed in Chapter 160A-270(c) which authorizes the disposal of personal property electronically
using an existing private or public electronic auction service; and
WHEREAS, staff proposes to utilize the services of GovDeals, an online Internet based provider
servicing government entities; and
WHEREAS, items not sold using GovDeals, may be disposed of using any other method authorized
in the Statutes including discarding.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners
that the Finance Director's designated representative, pursuant to the provisions of G.S. 160A-270
(c), is hereby authorized to dispose of the personal property as listed electronically using GovDeals
and any property not sold using GovDeals may be disposed of using any other method authorized by
the Statutes, and that said representative be further authorized and directed to execute necessary
documents, transfer title, add/delete items from the surplus list, and perform all necessary functions
associated with this disposal.
ADOPTED this the 20th day of October, 2008.
NE~U HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
7-2-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: $
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall
CONTACT(S): Matt Davis
SUBJECT:
Approval to Submit a Lowe's Heroes Grant Application
BRIEF SUMMARY:
Each year Lowe's Heroes volunteer program helps to improve the communities where Lowe's employees
live. Together, each store team identifies a community improvement project that will make a difference in
their community. We would like to request their assistance with our 2008 Fire Expo to be held in October at
Independence Mall. This is a collaborative effort of all fire services in the community to provide education
during fire prevention month. In past years this event has drawn a crowd between 600-750 participants.
There are no matching funds required by the County. Rather, the County must set up an event (2008 Fire
Expo to be held in October at Independence Mall) that Lowe's employees could volunteer at.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve submission for assistance from the Lowe's Heroes Grant.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
8-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 9
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall
CONTACT(S): Donnie Hall
SUBJECT:
Approval of Local Firemen's Relief Fund Trustee Appointments
BRIEF SUMMARY:
In accordance with NC General Statues 58-84-30 the Board of County Commissioners are required to
confirm appointments to the Local Fireman's Relief Fund Board. The trustees are responsible for the funds
collected by the State Department of Insurance, Office of the State Fire Marshal. Funds are allocated to the
fire districts based on the collection formula as prescribed by the statue. Purposes for fund distribution
include but are not limited to firefighter financial loss due to illness or injury, a destitute member, retirement
supplement, or to provide educational benefits.
Request for approval of suggested appointments to the North Carolina Firemen's Relief Fund Board as
Trustee as suggested by the Fire Chief of each New Hanover County Fire Station as follows:
New Hanover County Station 51- 3805 North Hwy 421
Avril Pinder & Andre' Mallette
Castle Hayne VFD - 5311 Castle Hayne Road
Ed Vosnock and VVinifield Smith
Myrtle Grove VFD - 5636 Carolina Beach Road
George Kennedy and Lou Mattes
Ogden VFD - 7375 Market Street & 907 Porters Neck Road
`Valton Koonce and H. Lee Chewning
Wrightsboro VFD - 3515 North Kerr Avenue
Edward Cavenaugh and Peggy Phillips
Federal Point VFD - 9815 River Road
Michael Puritis and Thomas Robinson, Sr.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of appointments to Local Firemen's Relief Fund.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
9-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 10
DEPARTMENT: IT PRESENTER(S): Leslie Stanfield
CONTACT(S): Sharon Smith
SUBJECT:
Approval to Award Bid for Enterprise Backup Solution to VSS
BRIEF SUMMARY:
Pursuant to Section 143-129.8 of the General Statutes of North Carolina, sealed proposals were received on
Wednesday, September 10, 2008 to procure aturn-key, functionally complete, cost effective, and integrated
enterprise backup solution with a single source of support for the complete solution.
Four (4) proposals were received in response to the County's Request for Proposals (RFP) for a
comprehensive data backup solution. Of the four respondents, three were invited to make presentations.
Since all of the bids were over the $200,000 budget, staff asked for certain functionality to be eliminated
from the proposals that were given by the three remaining vendors. During their presentations, the vendors
went over the itemized proposals, and VSS's proposal was by far the most comprehensive and all-inclusive,
and after the adjustments, the lowest in overall price.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the contract for the Enterprise Backup Solution be awarded to VSS in the amount of
$184,574.
ATTACHMENTS:
Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
10-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD OF BID FOR ENTERPRISE BACKUP SOLUTION
WHEREAS, after due advertisement, proposals were received by the IT Department at 3:00 p.m.
EDT on Wednesday, September 10, 2008 and the following companies submitted proposals for the
ENTERPRISE BACKUP SOLUTION; and
Initial Bid
NWN
Infranet
VSS
Alphanumerics
$209,423.42
$ 216,665.40
$244,887.00
$272,669.00
Revised Bid
$193,945.50
$190,845.30
$184,574.00
WHEREAS, all of the bids received were over the $200,000 budgeted for the project and of the four
(4) vendors who submitted proposals, three (3) were invited to make presentations to staff and were
asked to eliminate certain functionalities from their proposals and to resubmit revised bids; and
WHEREAS, after completing revisions requested by staff, VSS submitted the lowest bid and during
the presentations, VSS' proposal was the most comprehensive and all-inclusive; and
WHEREAS, staff overwhelmingly recommends award to VSS for reasons detailed below:
• Proposal-strong and very comprehensive
• Installation-strong
• Functional Technical Requirements-strong
• Implementation-strong and very comprehensive
• All in One Solution-strong-single vendor
• Training-strong-multi day session quoted; and
WHEREAS, there are sufficient funds available to complete this proj ect budgeted under account #
11010100-800200.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners
that the contract for the Enterprise Backup Solution is awarded to VSS in the amount of $184,574
and that the County Manager is hereby authorized and directed to execute the contract, contract form
to be approved by the County Attorney.
ADOPTED this the 20th day of October, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
10-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 11
DEPARTMENT: Sheriff PRESENTER(S): Sidney A. Causey, Sheriff
CONTACT(S): Sidney A. Causey, Sheriff
SUBJECT:
Approval to Accept the FY2008 Department of Homeland Security (DHS) Grant Award for the Local
Explosives Ordinance Disposal (EOD) Team
BRIEF SUMMARY:
North Carolina's Investment Justification proposal for equipment necessary to meet the 2009 FBI
accreditation standards for bomb squads has been selected to receive funding under the Department of
Homeland Security (DHS) FY2008 grant program in the amount of $1,613,000. As part of the planned,
phased State effort to enhance local explosive ordinance disposal (EOD) teams, the New Hanover County
Sheriff's Office has been identified as one of 13 local EOD teams to receive funding.
The North Carolina State Bureau of Investigation (SBI) is the overall program management agency for this
project, and as such, is available to execute its implementation on behalf of the New Hanover County
Sheriff's Office, if the Sheriff desires. The Sheriff is in agreement for the SBI to purchase the equipment on
behalf of his agency.
The local award amount will be determined after the needs assessment of each of the 13 EOD teams is
completed.
There is no local match requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the grant and execute the SBI agreement for equipment purchase.
ATTACHMENTS:
EOD Grant Documents
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
11-0
~~ fit: 'e~ ~:
__ _ ___
~~~~u~
I~L~N~ ~~aRS~
__
Board of Commissioners Meeting
10/20/2008
11-1-1
__ _
Board of Commissioners Meeting
10/20/2008
11-1-2
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 12
DEPARTMENT: Sheriff PRESENTER(S): Sidney A. Causey, Sheriff
CONTACT(S): Sidney A. Causey, Sheriff
SUBJECT:
Approval to Apply for a Grant with the North Carolina Governor's Highway Safety Program (GHSP)
for 2009 Funding for an Information Technology Project
BRIEF SUMMARY:
A project concept statement submitted by the Sheriff's Office has been approved by the NC Governor's
Highway Safety Program (GHSP) for 2009 grant funding for an Information Technology Project that
consists of 101aptops, 10 printers and related hardware. The next step of the funding process is to submit a
grant contract and local government resolution to GHSP. Explanation of the project follows:
The laptops will be equipped with, but not limited to the following software: E-Citation, E-Crash, AOC
Magistrate System and DCI to better streamline the enforcement process. The laptops will allow the deputies
to submit citations electronically versus writing them by hand. The cost of the project is $21,840: federal,
$16,380; local, $5,460. The Sheriff is respectfully requesting General Fund I Contingency Funds be used for
the local match.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize the Sheriff's Office to submit a grant contract and local governmental resolution to GHSP as the
next step in the funding process and recommend approval if the grant is awarded.
ATTACHMENTS:
GHSP Resolution and Grant Contract
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
12-0
North Carolina Governor's Highway Safety Program
LOCAL GOVERNMENTAL RESOLUTION
Farm CHSP-~2-A
{To be completed, attached to and become part of Form GHSP-02, Highway Safety Project Contract.)
CHSP-02-A
WHEREAS, the New Hanover County Sheriff's Ofl:lce {herein called the "Agency")
(The Applicant Agency)
has completed an application contract for traffic safety funding; and that New Hanover County Board of
(The Governing Body of the Agency]
Commissioners {herein called the "Governing Body"} has thoroughly considered the problem
identified and has reviewed the project as described in the contract;
THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN
(Governing Body
MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA,
THIS 20th DAY OF October, 2008, AS FOLLOWS:
1. That the project referenced above is in the best interest of the Governing Body and the general public; and
2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the Governing
(Name and Title of Representative)
Body, an application contract in the form prescribed by the Governor's Highway Safety Program far federal
funding in the amount of $16,380 to be made to the Governing Body to assist in defraying
(Federal Dollar Requesty
the cost of the project described in the contract app}ication; and
3. That the Governing Body has formally appropriated the cash contribution of $5,460as
(Local Cash Appropriation)
required by the project contract; and
4. That the Project Director designated in the application contract shall furnish or make arrangement for other
appropriate persons to furnish such information, data, documents and reports as required by the contract, if
approved, or as may be required by the Governor's Highway Safety Program; and
5. That certified copies of this resolution be included as part of the contract referenced above; and
6, That this resolution shall take effect immediately upon its adoption.
DONE AND ORDERED in open meeting by
ATTESTED BY
(Clerk)
DATE
Rev 5104
(Chairperson/Mayor)
SEAL
Board of Commissioners Meeting
10/20/2008
12-1-1
GHSP-Ob
North Carolina Governor's Highway Safety Program
Highway Safety Equipment Project Contract -Form GHSP-06
SECTION A-GENERAL INFORMATION
1. Name of Applicant Agency 4. Name of Project Contact Person forAgency
New Hanover County Sheriff's CJffice Sergeant T. L. Fuss
2. Address of Applicant Agency 5. Telephone Number of Contact Person
3950 Juvenile Center Road X910} 198-4156
Castle Hayne, North Carolina 28429 6. Email Address of COntact Person
TFuss@nhcgov.cam
3. Location of Project (if different from # 2} 7. Fax Number of Contact Person
(910} 798-4177
8. Federal Tax lD Number 1 Type of Agency 9. Type of Application
Federal Tax ID Number: 56-6000324 ~^ Initial ^ Continuation
Type of Agency Year: x^ 1 ^ 2 ^ 3
^ State ^ Non-Profit
~^ County ^ Higher Education
^ Municipality ^ Hospital
10. Project Title Optional}: Information Technology 2007
11. Budget Total Source of Funds
Project Federal State /Local
Amount % Amount % Amount
Checkpoint Equipment $ 100 $ 0 $
Equipment Costs $21,840 75 $16380 25 $5460
Special Equipment Costs $ 50 $ 50 $
Total Project Costs $21,840 $16380 $~~r~0
12. Specify How Non-Federal Share Will Be Provided: The non-federal share would be provided from
the New Hanover County General Fund 1 Contingency Fund
FOR GHSP USE ONLY
To GMS: ^ GB ^ FH ^ TH To Finance Officer:
Date: , 20
^ CL ^ JS ^ SC GMS Initials: Date: , 20
Finance Qfficer: Initials Date: , 20 Work Type:
Project Number:
CFDA#: 20.
- - - - Ref # -
Rev. b106
Board of Commissioners Meeting
10/20/2008
12-1-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 13
DEPARTMENT: Sheriff PRESENTER(S): Sheriff Causey
CONTACT(S): Avril Pinder
SUBJECT:
Approval to Accept Pressure Washer, Trailer, and Water Tank for Graffiti Removal
BRIEF SUMMARY:
The Sheriff's Office was awarded a grant from the Department of Juvenile Justice and Delinquency
Prevention (DJJDP) for a Gang Violence Prevention Project. Wilmington Health Access for Teens (WHAT)
was an approved contractor in the grant program agreement to provide graffiti removal services. WHAT
purchased a pressure washer, trailer, and a 155-gallon water tank for $2,392.72 and was reimbursed from
grant funds for the approved equipment.
On October 19, 2007, WHAT withdrew from the project and turned all equipment over to the Sheriff s
Office. Approval has been granted from DJJDP allowing the Sheriffs Office to keep the equipment for use
in future graffiti removal.
In order to record the donation, a budget amendment is required for accounting purposes. This budget
amendment allows for recognition of the value of the equipment and the addition of the equipment to the
County's fixed asset listing. The current fair market value of the equipment is $2,153.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution accepting the donation of the pressure washer, trailer and 155-gallon water tank with a fair
market value of $2,153; adopt ordinance for budget amendment 09-058; and direct County staff to process
any required documents related to the transaction.
ATTACHMENTS:
Resolution
B/A 09-058
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
13-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
ACCEPTING EQUIPMENT TO BE USED FOR GRAFFITI REMOVAL
WHEREAS, the Sheriffs Office was awarded a grant from the Department of Juvenile Justice
Delinquency Prevention (DJJDP) for a Gang Violence Prevention Project; and
WHEREAS, Wilmington Health Access for Teens (WHAT) was an approved contractor in the grant
program agreement to provide graffiti removal services; and
WHEREAS, WHAT purchased a pressure washer, trailer, and a 155-gallon water tank for $2,392.72
to provide graffiti removal services for a Gang Violence Prevention Proj ect and was reimbursed from
grant funds for the purchase of the approved equipment; and
WHEREAS, on October 19, 2007, WHAT withdrew from the project and turned all equipment over
to the Sheriff s Office; and
WHEREAS, DJJDP has granted approval for the Sheriff s Office to keep the equipment for use in
future graffiti removal; and
WHEREAS, a budget amendment for accounting purposes only, is required to record the value of
the donation and said budget amendment is attached as part of this resolution; and
WHEREAS, the County Manager, the Finance Director, and the Sheriff recommend acceptance of
the equipment and approval of the related budget amendment.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners
that the pressure washer, trailer, and 155-gallon water tank with a fair market value of $2,153 be
accepted as a donation and the budget amendment adopted; and that County staff is directed to
process any required documents to finalize the transaction.
ADOPTED this the 20th day of October, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
13-1-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-058
BE IT ORDAINED by the Board of County
Carolina, that the following Budget Amendment 09-058
fiscal year ending June 30, 2009.
Commissioners of New Hanover County, North
be made to the annual budget ordinance for the
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff sOffice/Uniform Patrol
Ex enditure: Decrease Increase
Sheriff sOffice/Uniform Patrol:
Ca ital Outla -Motor Vehicle $2,153
Total $2,153
Revenue: Decrease Increase
Sheriff sOffice/Uniform Patrol:
Miscellaneous Revenue -Contribution $2,153
Total $2,153
Section 2: Explanation
To accept the donation of a pressure washer, trailer, and 155-gallon water tank from Wilmington Access
for Teens (WHAT) with a fair market value of $2,153. The budget amendment is for accounting purposes
only to record the donation received from WHAT of a pressure washer, trailer, and 155-gallon water tank
to be used by the Sheriff s Office for future graffiti removal.
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 09-058, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Robert G. Greer, Chairman
Board of Commissioners Meeting
10/20/2008
13-2-1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 14
DEPARTMENT: Tax
CONTACT(S): Roger L. Kelley
SUBJECT:
Approval of Release of Tax Value
BRIEF SUMMARY:
PRESENTER(S): Roger L. Kelley
Request the following taxpayers be granted the Senior Citizen/Disability Exclusion applications and letters
explaining late filing available upon request):
Abegg, Frances H. $ 81,279
Allen, Margaret 27,290
Atkinson, Gracie Ann 111,235
Barr, Ralph James 116,497
Bullard, Eva R. 73,344
Craig, Okadelia 60,329
Croom, Robert V. Etux. 63,518
Fennell, Hattie R. 49,834
Gillis, Margaret Craig Life Estate 104,472
King, Guy Harless Jr. Nicole 70,390
Phipps, Betty T. 75,520
Rhodes, Gertrude G. Etal. 53,537
Smith, Lucy H. 58,070
Williamson, Hosea P. Jr. Etux. 85,841
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
14-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 15
DEPARTMENT: Tax PRESENTER(S): Michelle Harrell
CONTACT(S): Michelle Harrell
SUBJECT:
Approval of Release of Taxes Barred by GS 105-378
BRIEF SUMMARY:
G.S. 105-378 does not allow force collection of any taxes after ten years. Therefore, the Collector of
Revenue requests release of charges for 1997.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Release charges for 1997.
ATTACHMENTS:
Release of 1997 Taxes
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
15-0
NEW HANOVER COUNTY
Tax Department
Collection Division
230 Government Center Drive, Suite 190, Wilmington, NC 28403
Phone:910-798-7300 Fax:910-798-7310 www.nhcgov.com
Michelle D. Harrell
Collector of Revenue
To: Bruce Shell
County Manager
From: Michelle D. Harrell
Collector of Revenue
Date: September 24, 2008
Subject: Release of taxes barred by G.S.105-378
As the above referenced statute does not allow forced collection of any taxes after ten years from the
date due, request the following 1997 charges be released:
Carolina Beach $4,847.37
Kure Beach $853.23
New Hanover County $172,280.52
Fire District $3,078.18
Wilmington $66,536.22
Wilmington License $9,881.61
Wrightsville Beach $1,478.37
Total $258,955.50
These uncollected amounts are .29% of the combined tax levies for the County and the municipalities
charged in 1997 in the amount of $89,238,744.24.
I request this item be placed on the consent agenda for the County Commissioners' meeting of October
20, 2008, asthe Commissioners have approved these releases in the past.
Copy: Roger Kelley, New Hanover County Tax Administrator
Avril Pinder, New Hanover County Finance Director
Debra Mack, City of Wilmington
Peggy Jones, Town ofWrightsville Beach
Susan Suggs, Town of Kure Beach
Cam Griffin, Budget Director
Dawn Johnson, Town of Carolina Beach
Board of Commissioners Meeting
10/20/2008
15-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 16
DEPARTMENT: Tax PRESENTER(S): Roger L. Kelley
CONTACT(S): Roger L. Kelley
SUBJECT:
Adoption of a Gross Receipts Tax Resolution on Heavy Equipment in Lieu of Property Taxes
BRIEF SUMMARY:
This is authorization for the County to impose a tax at the rate of one and two-tenths percent (1.2°10) on the
gross receipts from the short-term lease or rental of heavy equipment by a person whose principal business is
the short-term lease or rental of heavy equipment at retail. This tax provides an alternative to a property tax
on the equipment.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Resolution imposing gross receipts tax on heavy equipment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
16-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION IMPOSING A GROSS RECEIPTS TAX ON HEAVY EQUIPMENT IN
LIEU OF PROPERTY TAX
WHERAS, the North Carolina General Assembly has ratified Senate Bill 1852, which has been
designated as Session Law 2008-144 [the "Act"]; and
WHEREAS, North Carolina General Statute 105-275(42a) designates Heavy Equipment on
which a gross receipts tax maybe imposed under 153A-156.1 and 160A-215.2 as a special class
of property which is exempted from property taxation and shall not be listed, appraised, assessed
or taxed after July 1, 2009; and
WHEREAS, in lieu thereof, North Carolina General Statute 153A-156.1 authorizes a County by
resolution to impose a tax at the rate of one and two-tenths percent (1.2%) on the gross receipts
from the short term lease or rental of heavy equipment by a person whose principal business is
the short-term lease or rental of heavy equipment at retail; and
WHEREAS, this tax provides an alternative to a property tax on the equipment.
NOW THEREFORE, BE IT RESOLVED by the New Hannover County Board of
Commissioners that:
Section 1. Definitions. In addition to the common meanings of words, the following definition
of "Heavy Equipment" shall mean earthmoving, construction, or industrial material handling
equipment, industrial electrical generation equipment, or similar piece of industrial equipment.
Section 2. Levv of Tax. A tax is hereby imposed and levied in an amount equal to one and two
tenths percent (1.2%) of the gross receipts derived from the short-term lease or rental of heavy
equipment at retail.
Section 3. Collection of the Tax. Every person whose principal business is the short-term lease
or rental of heavy equipment at retail shall collect at the time of the lease or rental, or at the time
of the payment of the consideration therefor, the tax herein levied. A person is not considered to
be in the short-term lease or rental business if the majority of the person's lease and rental gross
receipts are derived from leases and rentals to a person who is a related person as defined under
G.S. 105-163.010. The tax so collected shall be placed in a segregated account, and thereafter
remitted to the Finance Officer in accordance with the provisions of the Resolution. The
taxpayer shall include a provision in each retail short-term lease or rental agreement, or other
documentation evidencing the transaction, stating that the percentage amount enacted by this
Resolution of the total lease or rental price, excluding sales tax, is being charged as a tax on
gross receipts. The amount of the tax shall be paid by the customer to the taxpayer as trustee for
and on account of the County of New Hanover. The taxpayer shall be liable for the collection
Board of Commissioners Meeting
10/20/2008
16-1-1
thereof and for its payment to the Finance Officer and the taxpayer's failure to charge or to
collect said tax from the customer shall not affect such liability. [G.S. 153A-156.1].
Section 4. Retort and Payment of Tax. Taxes levied under this Resolution are due and payable
when a return is required to be filed. Every taxpayer shall, within the time specified, submit a
return to the Finance Officer on the form prescribed by the Finance Officer. A return must be
signed by the taxpayer or the taxpayer's agent. Returns of taxpayers are due to the Finance
Officer for each calendar quarter on or before the last day of the month following the end of the
quarter in which the tax accrues. As provided in G.S. 153A-156.1, a return shall not be
considered public record and information contained in a return may be disclosed only in
accordance therewith.
Section 5. TTyer to Keep Records. The taxpayer shall keep and preserve suitable records of
the gross receipts received by such taxpayer in the conduct of business and such other books or
accounts as may be necessary to determine the amount of the tax for which such taxpayer is
liable under the provisions of this Resolution. It shall be the duty of the taxpayer to keep and
preserve for a period of three years all such records of gross receipts and other books and
accounts described. All records, books, and accounts herein described shall be open for
examination at all reasonable hours during the day by the Finance Officer or the Finance
Officer's duly authorized agent.
Section 6. Situs. Gross receipts from the short-term lease or rental of heavy equipment are
subject to the tax imposed by this Resolution if the place of business from which the heavy
equipment is delivered is located within the boundaries of the County of New Hanover.
Section 7. Authorit .This resolution is enabled pursuant to the provisions of G.S.153A-156.1.
Section 8. Effective Date. This resolution shall and the taxes thereby levied and imposed shall
become effective January 1, 2009.
ADOPTED this the 20th day of October, 2008.
NE~U HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
16-1-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
CONSENT
ITEM: 17
DEPARTMENT: Budget PRESENTER(S): Cam Griffin
CONTACT(S): Cam Griffin
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2009.
09-051- Aging
09-061 - Department of Social Services
09-043 - Department of Social Services
09-062 - Health
09-052 - Sheriff s Office
09-053 - Sheriffs Office
09-054 - Sheriffs Office
09-055 - Sheriffs Office
2009-19 -Sheriffs Office
2009-20 -Finance/Planning
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of ordinances for the budget amendments listed in the summary above.
ATTACHMENTS:
B/A 09-051
BlA 09-061
B/A 09-043
B/A 09-062
B/A 09-052
B/A 09-053
B/A 09-054
B/A 09-055
B/A 2009-19
BlA 2009-20
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
10/20/2008
17-0
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
17-0
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-051
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-051 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Aging /Transportation
Ex enditure: Decrease Increase
Trans ortation:
Contract Services- Trans ortation for elderl $23,862
Total $23,862
Revenue: Decrease Increase
Trans ortation:
ETAP Grant -State De artment Of Trans ortation $23,862
Total $23,862
Section 2: Explanation
To increase budget for actual allocation of funding received under an Elderly and Disabled Transportation
Assistance Program Grant (ETAP) from the State Department of Transportation (DOT) for FY08-09.
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 09-051, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
17-1-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-061
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-061 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS /Work First Demo Grant
Ex enditure: Decrease Increase
Work First Demo Grant:
Salaries & Wa es $48,464
Social Securit Taxes 3,708
Lon Term Disabilit Insurance 131
Medical Insurance Ex ense 8,013
Retirement -Local Government Em to ee 2,370
Contract Services 83,433
Su lies - Com uter & Other 10,000
Trainin & Travel 500
Client Trans ortation 4,407
Work First Transition Checks $16,351
Total $161,026 $16,351
Revenue: Decrease Increase
Work First Demo Grant:
0 eratin Grants & Contributions -TANF-WF Demo Grant $144,675
Total $144,675
Section 2: Explanation
To decrease budget for actual allocation of funding received under the third year of TANF Work First
Demo Grant for FY08-09.
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 09-061, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
17-2-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-043
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-043 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS / TANF Employment Programs
Ex enditure: Decrease Increase
TANF Em to ment Pro ams:
Work Function Assessment $30,800
Total $30,800
Revenue: Decrease Increase
TANF Em to ment Pro ams:
0 eratin Grants & Contributions -Work Function Assessment $30,800
Total $30,800
Section 2: Explanation
To increase budget for newly allocated funding received for TANF Employment Programs Work First
functional assessments for FY08-09. These services were eliminated from New Hanover County's Work
First Demo Grant Year 3 allocation. However, $30,800 of additional funds has been allocated to NHC for
functional assessments within the TANF Work First employment programs for FY08-09.
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 09-043, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
17-3-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-062
BE IT ORDAINED by the Board of County
Carolina, that the following Budget Amendment 09-062
fiscal year ending June 30, 2009.
Commissioners of New Hanover County, North
be made to the annual budget ordinance for the
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Partnership for Children
Ex enditure: Decrease Increase
Health/Partnershi for Children:
Salaries and Wa es $14,042
Social Securit $582
Retirement -Local Government 212
Medical Insurance 1,360
Lon Term Disabilit 14
Printin 25
Su lies 1,659
Dues and Subscri bons 70
Em to ee Reimbursements 100
Trainin and Travel 1,823
Advertisin Cost 300
Total $2,168 $18,019
Revenue: Decrease Increase
Health/Partnershi for Children:
State Grant - Partnershi for Children $15,851
Total $15,851
Section 2: Explanation
The New Hanover County Health Department requests that the budget for Partnership for Children be
amended to reflect the actual grant award of $176,893, and adjustments be made to the appropriate line
items to reflect this additional grant award of $15,851.
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 09-062, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Robert G. Greer, Chairman
Board of Commissioners Meeting
10/20/2008
17-4-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-052
BE IT ORDAINED by the Board of County
Carolina, that the following Budget Amendment 09-052
fiscal year ending June 30, 2009.
Commissioners of New Hanover County, North
be made to the annual budget ordinance for the
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff sOffice/Support Services
Ex enditure: Decrease Increase
Sheriff sOffice/Su ort Services:
Su lies $13,618
Total 513,618
Revenue: Decrease Increase
Sheriff sOffice/Administration:
Miscellaneous Revenue $13,618
Total 513,618
Section 2: Explanation
To budget insurance proceeds received for the water damage that occurred in the Support Services Division
in the Judicial Building.
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 09-052, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Robert G. Greer, Chairman
Board of Commissioners Meeting
10/20/2008
17-5-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-053
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-053 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff sOffice/Uniform Patrol
Ex enditure: Decrease Increase
Sheriff sOffice/Uniform Patrol:
Trainin and Travel $10,000
Total $10,000
Revenue: Decrease Increase
Sheriff sOffice/Uniform Patrol:
Governor's Hi hwa Safe Pro ram Grant $10,000
Total $10,000
Section 2: Explanation
To budget Governor's Highway Safety Program (GHSP) 2009 Law Enforcement Liaison (09 LEL)
Reimbursement Grant Award. The Board of Commissioners granted approval to apply for the Grant on
July 21, 2008. There is no local funding match.
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 09-053, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
17-6-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-054
BE IT ORDAINED by the Board of County
Carolina, that the following Budget Amendment 09-054
fiscal year ending June 30, 2009.
Commissioners of New Hanover County, North
be made to the annual budget ordinance for the
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff sOffice/Detention
Ex enditure: Decrease Increase
Sheriff/Detention:
Su lies $73,655
Total 573,655
Revenue: Decrease Increase
Sheriff/Detention:
State Criminal Alien Assistance Pro ram Grant $73,655
Total 573,655
Section 2: Explanation
To budget 2008 State Criminal Alien Assistance Program (SCAAP) funds. SCAAP Program provides
federal payments for incurred costs for incarcerating certain undocumented criminal aliens. SCAAP
payments are calculated simultaneously, with applicants receiving prorated payment based on the
appropriation, costs submitted, and inmates as determined by the Department of Homeland Security.
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 09-054, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Robert G. Greer, Chairman
Board of Commissioners Meeting
10/20/2008
17-7-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-055
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-055 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff/Uniform Patrol
Ex enditure: Decrease Increase
Sheriff/UniformPatro1:
Contin enc $73,838
Salaries and Wa es $181,712
Social Securit Taxes 13,902
Retirement -Local Government 8,886
Retirement - 401K 9,085
Medical Insurance Ex ense 32,052
Lon Term Disabilit Insurance 491
Total $73,838 $246,128
Revenue: Decrease Increase
Sheriff/UniformPatro1:
Governor's Hi hwa Safe Pro ram Grant $172,290
Total $172,290
Section 2: Explanation
To budget a Governor's Highway Safety Program (GHSP) 2009 Traffic Enforcement Grant award of
$246,128 federal funds, with local match funds of $73,838, for a total project of $246,128. This is the
second year of funding for athree-year project.
The second year grant continues the funding of 4 positions until September 2009. The positions were
originally approved by the County Commissioners on March 10, 2008, and funded through September
2008.
On July 21, 2008, the Board of County Commissioners granted approval to apply for the grant and, if
awarded, General Fund Contingency funds be used for the local match requirement of $73,838.
With approval of this budget amendment, the amount available in Contingency will be reduced from
$540,289 to $466,451.
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 09-055, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
17-8-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-19
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-19 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriff s Office
Ex enditure: Decrease Increase
Controlled Substance Tax:
Su lies $3,950
Total $3,950
Revenue: Decrease Increase
Controlled Substance Tax:
Controlled Substance Tax $3,950
Total $3,950
Section 2: Explanation
To budget 9/24/08 receipt. Controlled Substance Tax funds are budgeted as received and must be used for
law enforcement as the Sheriff deems necessary.
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 2009-19, amending the
annual budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
17-9-1
AGENDA: October 20, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-20
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-20 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Scattered Site Housing-Grant #3 (Fund 390)
Department: Finance
Ex enditure: Decrease Increase
CDBG Scattered Site Housin #3:
Ca ital Pro'ect Ex ense $1,943
Transfer to General Fund Plannin $1,943
Total $1,943 $1,943
Fund: General Fund
Department: Planning
Ex enditure: Decrease Increase
Plannin
Tem ora Salaries $1,805
FICA $13 8
Total $1,943
Revenue: Decrease Increase
Plannin
Transfer from Ca ital Pro'ects-Scattered Site Housin $1,943
Total $1,943
Section 2: Explanation
This budget amendment is to transfer funds from Scattered Site Housing (Fund 390) into Planning's budget
for temporary salaries and FICA incurred by the intern working on this project. This is for the quarter
ending 9-30-08.
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 2009-20, amending the
annual budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
17 -10 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
REGULAR
ITEM: 18
DEPARTMENT: Human Resources PRESENTER(S): Bruce T. Shell
CONTACT(S): Libby Moore
SUBJECT:
Presentation of Employee Service Awards and Introduction of New Employees
BRIEF SUMMARY:
SERVICE AWARDS:
FIVE (5) YEARS
Atabaa Hanible-Goodman, Sheriff's Office
Kimberly Johnston, Information Technology
Stephen Malpass, Parks
Courtney Padgett, Fire Services
Patricia Roberts, Inspections
TEN (10) YEARS
Regina Anderson, Department of Social Services
Donald Chestnut, Fire Services
Dorian Flowers, Fire Services
Jerry Garrett, Fire Services
Brett Ham, Fire Services
Henry Montgomery, Tax Department
Willie Murray, Fire Services
Malcolm Smith, Fire Services
FIFTEEN (15) YEARS
Bobby Blackmon, Sheriff's Office
Cheryl Mote, Department of Social Services
Lloyd Prince, Inspections
TWENTY (20) YEARS
Barbara Hull, Finance
TWENTY FIVE (25) YEARS
Vonzella Jones, Sheriff's Office
NEW EMPLOYEES :
Michelle Amundsen, Health Department
Harold Andrews, Property Management
Ronald Beasley, Sheriff's Office
David Bowens, Public Safety Communications
Amanda Cliffe, Health Department
Michael Conant, Department of Social Services
Steven Eldridge, Environmental Management
Amanda Fish, Sheriff's Office
Board of Commissioners Meeting
10/20/2008
18-0
Kevin Gore, Fire Services
Kathy Hudson, Department of Social Services
Lesha Johnson, Department of Social Services
Terrence Meyers, Environmental Management
Jeffrey Niebauer, Tax Department
Joshua Oliviera, Property Management
Stephen Reagan, Sheriff's Office
Kellen Simpson, Sheriff's Office
Brad Tarplee, Sheriff's Office
LaVVanda Thompson, Property Management
Robert Tinsley, Department of Social Services
Donovan Wieas, Property Management
Nicole Zimmer, Department of Social Services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards and recognize new employees.
COMMISSIONERS' ACTIONS:
Presented service awards and recognized new employees.
Board of Commissioners Meeting
10/20/2008
18-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
REGULAR
ITEM: 19
DEPARTMENT: Governing Body PRESENTER(S): William A. Caster
CONTACT(S): Sheila L. Schult
SUBJECT:
Consideration of a Resolution Supporting Wilmington Downtown, Inc.'s Request to the Alcohol
Beverage Control Commission
BRIEF SUMMARY:
The Board discussed two letters from Wilmington Downtown, Inc. to the Alcohol Beverage Control
Commission at the September 22, 2008 meeting and their request that the County submit similar letters of
support. The Board delayed the item until it had been considered by all the municipalities.
The City of Wilmington adopted a resolution to support both letters. Kure Beach, Wrightsville Beach and
Carolina Beach adopted resolutions to support the elimination of the three-day wait rule only.
Staff has drafted two resolutions for the Board's consideration. The first resolution supports both letters and
the second supports only the elimination of the three-day wait rule. Additional background information and
documents are attached.
John Hinnant, Executive Director of Wilmington Downtown, Inc., will be at the meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the resolutions.
ATTACHMENTS:
Draft Resolution a
Draft Resolution b
Background Information
Letter One
Letter Two
Kure Beach Resolution
City of Wilmington Resolution
Wrightsville Beach Resolution
Carolina Beach Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider the resolutions.
Board of Commissioners Meeting
10/20/2008
19-0
COMMISSIONERS' ACTIONS:
A motion to approve draft resolution a failed for lack of a second. No action was taken.
Board of Commissioners Meeting
10/20/2008
19-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
SUPPORTING WILMINGTON DOWNTOWN, INC.' S REQUEST TO THE ALCOHOL
BEVERAGE CONTROL (ABC) COMMISSION TO ELIMINATE THE PRESENT
THREE-DAY WAITING RULE FOR MEMBERSHIP TO PRIVATE CLUBS AND
ALLOWING LOCAL JURISDICTIONS THE AUTHORITY TO IMPOSE
ADDITIONAL FEES TO OFFSET THE COSTS OF OVERSIGHT OF BAR RELATED
ACTIVITIES
WHEREAS, New Hanover County, like many tourist communities is in the enviable position of
having people from all over visit our county to relax and have a good time; and
WHEREAS, because of this natural attraction, the area has an abundance of restaurants and bars
to satisfy the desires of the patrons; and
WHEREAS, the Alcohol Beverage Control (ABC) Commission currently imposes athree-day
wait period on any individual requesting to join a private bar that serves liquor by the drink; and
WHEREAS, the requirement prohibits some visitors to the area from entering private clubs; and
WHEREAS, the requirement results in potential loss of revenue; and
WHEREAS, it is also desirous to have the fees charged to private bar establishments adjusted to
cover the costs to local governments for enforcement of alcohol related public safety issues and
this request has been made by Wilmington Downtown, Inc.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners supports the requests of Wilmington Downtown, Inc. to the ABC Commission to
eliminate the three-day wait rule for private bar memberships, and allowing the fees for ABC
permits to be increased to cover the costs to local communities for alcohol related public safety
issues.
ADOPTED this the 20th day of October, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
19-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
SUPPORTING WILMINGTON DOWNTOWN, INC.' S REQUEST TO THE ALCOHOL
BEVERAGE CONTROL (ABC) COMMISSION TO ELIMINATE THE PRESENT
THREE-DAY WAITING RULE FOR MEMBERSHIP TO PRIVATE CLUBS
WHEREAS, New Hanover County, like many tourist communities is in the enviable position of
having people from all over visit our county to relax and have a good time; and
WHEREAS, because of this natural attraction, the area has an abundance of restaurants and bars
to satisfy the desires of the patrons; and
WHEREAS, the Alcohol Beverage Control (ABC) Commission currently imposes athree-day
wait period on any individual requesting to join a private bar that serves liquor by the drink; and
WHEREAS, the requirement prohibits some visitors to the area from entering private clubs; and
WHEREAS, the requirement results in potential loss of revenue.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners supports the request of Wilmington Downtown, Inc. to the ABC Commission to
eliminate the three-day wait rule for private bar memberships.
ADOPTED this the 20th day of October, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
19-2-1
Background Information
Regarding Wilmington Downtown, Inc.'s requests to the ABC Commission
The Board discussed two letters from Wilmington Downtown, Inc. to the Alcohol
Beverage Control Commission at the September 22, 2008 meeting.
1) The first letter requests the ABC Commission to adopt a new membership provision
that would allow an instant membership, thereby eliminating the three-day wait rule.
2) The second letter requests the ABC Commission to revise the fee structure for Liquor
By the Drink retailers and empower local law enforcement to assist ALE officers.
John Hinnant, Executive Director of Wilmington Downtown, Inc. requested that the
Board of Commissioners submit similar letters of support.
Kure Beach adopted a resolution on Septemberl6, 2008 supporting the first letter only.
The City of Wilmington adopted a resolution on September 17, 2008 endorsing both
letters.
The Board of Commissioners delayed the item on September 22 until the remaining
municipalities had considered the item.
Wrightsville Beach adopted a resolution September 25, 2998 endorsing the first letter
only.
Carolina Beach adopted a resolution October 7, 2008 supporting the first letter only.
The original letters from Wilmington Downtown are attached, as well as the municipal
resolutions adopted.
Board of Commissioners Meeting
10/20/2008
19-3-1
September 2, 2008
North Carolina Alcohol Beverage Control Commission
Attn: Chief Counsel Fred Gregory
4307 Mail Service Center
Raleigh, NC 27699-4307 .
Mr. Gregory;
Thank you for attending the open forum in Wilmington August 12t~, to discuss the
membership rules as they relate to the private club status of ABC license holders.
As we discussed, I would like to formally request that the North Carolina ABC
Commission consider adopting a new membership provision that would allow an instant
membership, thereby eliminating the three day wait rule.
Reasons for this needed change include the impact of Tourism. Areas like New Hanover
County see a significant increase in visitors and population during the summer season. It
lacks good sense that we have customers at the door who can't spend money in our local
economy. Most visitors spend less than five days here and athree-day wait sharply limits
the amount of discretionary income that they can spend in our market.
Additional reasons include the anticipated impact of the Defense Base Closure and
Realignment Commission ~BRAC}. Fayetteville, Jacksonville and Cherry Paint are
anticipating significant growth as a result .of the federal investment in those communities
to expand their respective military bases. This influx of transient citizens can offer a
significant increase in the local sales tax base.
Similarly, the growing film industry in North Carolina brings many transient citizens who
could also have an impact on the local sales tax base in various North Carolina
communities.
Finally, the City of Wilmington is building a $62 million dollar convention center. As a
result, we have one hotel expansion of 150 rooms, aseven-story hotel in the planning
stage, at least two other lots under contract by hotel developers and the convention
center's on-site hotel of 157 rooms. Downtown Wilmington could soon have 1,000 new
hotel rooms and the visitor traffic to fill them. At present, we have 65 +J- alcohol
licenses in asix-block-long area with a capacity of about 10,000 people. Half of those
licenses are private clubs. We may not be able to support the visitors and convention-
goers in our restaurants alone as long as this three-day wait rule remains in effect.
WILMINGTON DOWNTOWN, INC.
2Z5 SOUTH WATER STREET ' POST QFFICE BOX 2235 ' WILMINGTON, NORTH CAROLINA 2S4O2
j1~1~~1i(' 910.763.7349 , f (!.l$~~~:3~~° 1qq~ ~,~,1~,~~et~~W.WILMINGTONDOWNT4VVN.COM
I~~~Ob
19-4-1
If you have any questions, or need me to testify before the commission, please call X910}
763-7349 or email, ~ohn~wilmingtondowntown.~om.
Respectfully submitted;
~ ~ ~-~
John Hinnant
Executive Director
Wilmington Downtown, Inc
CC: Wilmington City Cauncil
New Hanover County Commissioners
Town of Wrightsville Beach Board of Alderman
Town of Carolina Beach Town Cauncil
Town of Kure Beach Town Council
Cape Fear Convention and Visitors Bureau -Tourism Development Authority
Downtawn Business Alliance ~Wilrnington}
Association of Bars owners and Restaurants Downtown ~ABCARD} -Wilmington
USMC - Carnp Lejeune
US Army -Fort Bragg
North Carolina Downtown Development Association
Board of Commissioners Meeting
10/20/2008
19-4-2
September 2, 2008
North Carolina Alcohol Beverage Control Commission
Attn: Chief Counsel Fred Gregory
4307 Mail Service Center
Raleigh, NC 27699-4307
Mr. Gregory;
Thank you for attending the open forum in Wilmington August 12~~, to discuss the membership
rules as they relate to the private club status of license holders.
As we discussed, I would like to request that the North Carolina Alcohol Beverage Control
Commission revise the fee structure for Liquor By the Drink (LBD} retailers.
The City of Wilmington and New Hanover County are part of District 3. This huge region is
served by only eight ALE officers who must cover seven counties. At present, there are 65+I-
alcohol retailers in asix-black-long area of downtown Wilmington. Approximately half of those
retailers are restaurants; the rest are private clubs. obviously, on a busy Friday or Saturday
night, public safety becomes a top priority for our citizens and law enforcement.
The Board of Director of Wilmington Downtown, Inc would like to propose a change to the
ABC Fee Structure whereby local municipalities andlor policing authorities would be allowed to
charge up to 100% of the state license fee for an LBD Permit. These funds, should local
municipalities decide to enact the provision, would be used to address public safety issues
created by patrons of the LBD permit holders. These issues include, but are not limited to,
Driving While Impaired, disorderly conduct, vandalism, alcoholism treatment and education and
domestic violence.
We hope that with this change, the ABC Commission would ernpower the local law enforcement
agency to assist, cooperate with and perform the duties of the ALE officers. The ALE lacks the
resources to perform its responsibilities to the standard that the citizens of the City of
V~ilmington expect. Empowering local police to assist ALE would give our community and
many others around the state the tools we badly need to better regulate our numerous night spots.
This in turn will help us to promote safe and entertaining nightlife in our central business district.
.WILMINGTON DOWNTOWN, INC.
ZZ5 SOUTH VL~ATER STREET POST OFFICE BOX ZZ3J WILMINGTON, NORTH CAROLINA Z840Z
~~]~r~~]c~ 910.763.7349 , f {l.t~~~.°~~3° ~ si ~~~,~~et,w WILMINGTQNDGWNTOWN.coM
lzo~~
19-5-1
If you have any questions, or need me to testify before the commission, please call X910} 7b3-
7349 or email, John~wilmin to,~ndo_wntown.com.
Respectfully submitted;
John Hinnant
Executive Director
Wilmington Downtown, Inc
CC: Wilmington City Council
New Hanover County Commissioners
Town of Wrightsville Beach Board of Alderman
Town of Carolina Beach Town Council
Town of Kure Beach Town Council
Cape Fear Convention and Visitors Bureau -Tourism Development Authority
Downtown Business Alliance Wilmington}
Association of Bars owners and Restaurants Downtown ~ABDARD} -Wilmington
USMC -Camp Lejeune
US Army -Fort Bragg
North Carolina Downtown Development Association
Board of Commissioners Meeting
10/20/2008
19-5-2
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V SOLUTION BYTHE TOWN COUNCIL OF THE TOWN OF KURE BEACH
SUPPORTING WILMINGTON DOWNTOWN INC'S REQUEST TO THE
NORTH CAROLINA ABC COMMISSION TO ELIMINATE THE THREE DAY WAIT RULE
WHEREAS: The Town of Kure Beach, North Carolina, received a request for support
from Wilmington Downtown Inc. in it's request to the North Carolina Alcoholic Beverage
Commission to consider adopting a new membership provision that allows an instant
membership, thereby eliminating the three ~3}day wait rule, and
WHEREAS: W ilmington Downtown Inc, believes the elimination of the three day wait
rule is necessary because the current requirement impacts tourism in the form of the significant
increase in visitors and population during the summer season that cannot spend money in the
local economy as most visitors spend less than five days in the area and a three day wait sharply
limits the amount of discretionary income that can be spent in the market, and
WI~EREAS, Wilmington Downtown Inc. feels that additional reasons to eliminate the
three .day wait rule include the fact that the anticipated impact of the Defense Base Closure and
Realignment Commission ~BRAC} will cause significant growth in Fayetteville, Jacksonville
and Cherry Point as a result of the federal investment in those communities to expand their
respective military bases and this influx of transient citizens can offer a signif cant increase in
the local sales tax base, and
WHEREAS, the growing film industry in North Carolina brings many transient citizens
who could also have an impact on the local sales tax base in various North Carolina
communities, and
WHEREAS, the City of Wilmington is building a $62 million dollar convention center
which will bring additional hotels and visitors to the area, and
WHEREAS, at present, downtown Wilmington has approximately ~5 alcohol licenses in
a six block long area with a capacity of about 10,000 people half of which are private clubs
which means that the area may not be able to support the visitors and convention goers as long as
the three day wait rule remains in effect, and
WHEREAS, the Town of Kure Beach prides itself as a "family beach", with typical
visitors staying in our market a total of 4.15 days, and a three ~3}day wait hurts the Wilmington
area tourist market's ability to capture additional local sales.
NOW THEREFORE, be it resolved that the Kure Beach Town Council recognizes the
importance of tourism to the economies of ali the municipalities in New Hanover County and
RO$-07 Board o~C~'omma~'sio hers Meeting
10/20/2008
19-6-1
here by lends support to Downtown Wilmington Inc. in their petition to the North Carolina ABC
Commission to allow an instant membership provision and eliminate the three day wait rule.
ADOPTED at a regular meeting of the Kure Beach Town Council held on the 16th day of
September, 20oS.
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ATTEST:
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R08-D7 Boar~~rr~'ss~~`ers Meeting 2
10/20/2008
19-6-2
Item R2
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09/17/2008
CITY of WILMINGTON
North Carolina
P.O. BOX 1810
28402
City Council
City Hall
Wilmington, North Carolina 28401
Dear Mayor and Councilmembers:
OFFICE OF THE CITY MANAGER
(910) 341-7810
FAX (910) 341-5839
TDD (910) 341-7873
This resolution is being prepared at the request of Councilmember Jason Thompson.
As you know, the Downtown area has a substantial number of bars that serve alcohol, many of
them private bars. In discussing military issues with downtown bars, it became evident that the
present three-day wait for membership to private bars has adversely affected our military
personnel, in particular and their enjoyment of the downtown scene. Other patrons can be
adversely affected as well.
Concerns have also been expressed over time that the private bars which generate a variety of
public safety challenges, such as driving under the influence, disorderly conduct, alcohol
treatment, education and domestic violence be charged the costs for the local public safety
efforts aimed at addressing them.
Wilmington Downtown Inc., (WDI) has respectfully requested of the Alcohol Beverage Control
(ABC) Commission that the three day waiting period be lifted immediately and that local
governments be given the ability to adjust ABC Permit fees to cover the additional costs of
public safety for bar type establishments. Favorable consideration of the request of WDI would
do much to further promote our local economic development and enhance public safety in the
area.
Your favorable consideration of this resolution is recommended.
Passage of the attached Special Resolution is recommended.
Respectfully submitted,
Sterling B . Cheatham
City Manager
Board of Commissioners Meeting
10/20/2008
19-7-1
R2-1
Resolution
City Council
City of Wilmington
North Carolina
Introduced By: Jason Thompson, Councilmember
Date: 09/17/2008
Resolution Endorsing the Request of Wilmington Downtown Inc., (WDI) of
the Alcohol Beverage Control (ABC) Commission to Eliminate the Present
Three-day Waiting Rule for Membership to Private Clubs and Allowing
Local Jurisdictions the Authority to Impose Additional Fees to Offset the
Costs of Oversight of Bar Related Activities
LEGISLATIVE INTENT/PURPOSE:
The City of Wilmington, like many tourist communities is in the enviable position of having
people from all over visit our City to relax and have a good time, and
Whereas, because of this natural attraction, the downtown area has an abundance of restaurants
and bars to satisfy the desires of the patrons, and
Whereas, The Alcohol Beverage Control (ABC) Commission currently imposes a three day wait
period on any individual requesting to join a private bar that serves liquor by the drink, and
Whereas, this requirement prohibits some visitors to our City from entering private clubs, and
Whereas, this requirement results in potential loss of revenue to the City and the Sate, and
Whereas, it is also desirous to have the fees charged to bar type establishments be adjusted to
cover the costs to local governments for enforcement of alcohol related public safety issues, such
as driving while impaired, disorderly conduct, vandalism, alcohol treatment, education and
domestic violence, and this request has been made of the ABC Commission by WDI.
THEREFORE, BE IT RESOLVED:
THAT, the Wilmington City Council hereby endorse the requests of WDI of the ABC
Commission to eliminate the three-day wait for private bar memberships, and allowing the fees for
ABC permits to be increased to cover the costs to local communities for alcohol related public
safety issues.
Bill Saffo, Mayor
Adopted at a meeting
on , 2008.
ATTEST:
City Clerk
Board of Commissioners Meeting R2-2
10/20/2008
19-7-2
RESOLUTION NO. (2008) 1600
~~~~~~~
Board of Aldermen
Town of Wri htsviile Beach Noah Carolina ~ ~~
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Se tember ~5, Za4S 3
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A RESC~LUTIQN CAF THE BOARD 4F ALDERMEN
CAF THE TOWN CF WRIGHTSVILLE BEACH, NORTH CARQLINA
ENDORSING THE REQUEST CF WILMINGTON DGWNT4WN, INC. ~UIIDI} QF THE
ALCGHGL BEVERAGE CCNTRQL ABC} CUMMISSICN TG ELIMINATE
THE PRESENT THREE-DAY WAITING RULE FC~R MEMBERSHIP TC~
' PRIVATE CLUBS
WHEREAS, The Town of Wrightsville Beach, like many tourist communities, is in
the enviable position of having people fram all over visit our Town to relax and have a
good time; and
WHEREAS, because of this natural attraction, the coastal area has an
abundance of restaurants and bars to satisfy the desires of the patrons; and
WHEREAS, the Alcohol Beverage Control ABC} Commission currently imposes
a three-day waiting period on any individual requesting to join a private clublbar that
serves liquor by the drink; and
WHEREAS, this requirement prohibits same visitors to our Town fram entering
private clubs and results in potential loss of revenue to the Town and the State.
Naw, THEREFaRE, BE IT RESaLVED that the Board of Aldermen of the Town
of Wrightsville Beach, North Carolina, does hereby endorse the requests of Wilmington
Downtown, inc. for the ABC Commission to eliminate the three-day waiting period for
private clublbar memberships.
This Resolution adopted this ~~t~ day of September, 2gg8.
ATTEST.
Sy v' J. Holl an, Town Clerk
Board of C 1omr/mists/~ionnxers Meeting
1 O/2o/ LOOV
19-8-1
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RESOLUTION NO.08,933
TQWN COUNCxL
'fiUWN OF CARQLINA BEACH, NC
RESOLUTION BY THfi TOWN COUNG~C, OF THE TOWN OF CAROLINA BEA,C~i
~UP"PCRT~1+~ '~~TUN I~-0~'~'1~Tt~V~i' ]~'~' ~ REQL~E~T T~ TFIE NC~R'T~I
CAR~LIl~1A ABC CC-1~CMIS~~C~N T4~ ELLI~IATE THE '~~ I~AY WAIT RC~'LE
WH1~RE,', The Town of Carolina beach, N~rthh Carol~ia received a request fc~r support
dam ~Vilmtngtan Iaoarntc~wn Inc, in it's r~uest to the ~t~arth Caraliua Alcoholic ~eve~`
Cammisaion to consider adapting a new n~emborshxp provision that allows an instant
membership, thereby elirninatinrg the three ~~~ day gait rule, and
T~~RE.~,S, Wilmingt+cn ~cnvntown Inc, believes the elimination of the three day wait
rule is necessa~'y because the content re~uire~nent impacts tourism in the form of the si nificant
.. ~ ~ .
~narease to ~s~tars and ~pulat~an during the summer season that +~n+ct spend ~naney- rn the
1~ namy as most vrsrtars spend loss fan eve days in the area and a tree-clay wait sharply
litn~ts the amount of d~scaretronary income that can b-e Spent in the tnet, and
~'~ER~A~, Wilmingtcan Dt~wntown Inc. feels that additional reasons to eliminate the
three day wait rule include the fact that the anticipated ~rnpact ~f the I~efen~ base C1o~ure and
Realignment Commi$si+~n ~BRA~~ will cause significant in Fayetteville, Jacksonville
and Cherry Paint as a rosult of the federal inveatmer~ in those car~muruties to expand their
pectiwe military bases and this influx ~f t~ra~sient citizens can offer a significant increase in
the local sales tax base, and
i~R~~S', th+s growing film industryy in Nart~h Carolina beings rrrany transient citi~sns
who could alsc- have an impact an the local sales tax base in r-atious forth Carali~a
camrnunities, and
~~'~s'A~, the city cif ~il~nin~tor# is building a $d2 million dollar con~entian center
which X11 bring additional hotels and visitors to the area, and
~~t1~#~il~; at ~cesent, downtown Wiln~in~tan has appraxau~ately d5 aicohc~l licenses in
a six black lad with a capacity of about 10,Q~0 people half of which are private clubs
which means that the area nay not be able ~ suppt~rt the visitors and convention goers as fang as
the three day wait rule remains in e~`ect, and
Wd~~~Ol 84~~ 'til '~~0
Board of Commissioners Meeting
10/20/2008
19-9-1
WH~R1~91S, the Town of Caxalina Beacg prides itself a "Family beaoh'°~ with typical
visitors staying iu our musrlcet a total of 4.1 S days, end a t~LreC ~~~ day wait hurts the wilmingtv;a
a~a tourist ma~'ket'S agility to capture additional local ~los,
~~~ TIIEREF~I~, ge it resolved that th+s Carolina B~ Town Council reco~es the
impo~#ance of tou~risna tv the economies of all the tnunicipa~ities in ~'ew mover Cour~y and
h~egy lends support to ~wntown Wilmington inc. in their petition to the ~~ Carolina ABC
Commission to allow an instant met~gership provision end eliminate the three day wait rulo~
AI~O~PTEI~ at a regular meaty of tae Carolina Beach Town Council held on the ~ day of
~ctoger, X008,
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Board of Commissioners Meeting
10/20/2008
19-9-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
REGULAR
ITEM: 20
DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director and Wanda Copley,
County Attorney
CONTACT(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney
SUBJECT:
Public Hearing Regarding the Issuance of Hospital Revenue Bonds in an Aggregate Principal Amount
Not to Exceed $40,000,000
BRIEF SUMMARY:
The Board will conduct a public hearing regarding the issuance by the County of its hospital revenue bonds
in an aggregate principal amount not exceeding $40,000,000 to finance costs associated with the acquisition,
construction and equipping of additional improvements to New Hanover Regional Medical Center, including
(i) additional construction of a surgery pavilion and related facilities, (ii) additional construction of a
women's and children's pavilion and related facilities and (iii) the acquisition and installation of information
system and other operating equipment; together with capitalized interest during construction of the Project.
The Hospital is owned by the County and operated by the Corporation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct public hearing.
ATTACHMENTS:
Public Hearing Notice
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing.
COMMISSIONERS' ACTIONS:
Conducted public hearing and approved 5-0.
Board of Commissioners Meeting
10/20/2008
20-0
NOTICE OF PUBLIC HEARING
BY
THE COUNTY OF NEW HANOVER
NORTH CAROLINA
NOTICE IS HEREBY GIVEN to all interested persons that the County of New Hanover,
North Carolina (the "County") proposes to issue its hospital revenue bonds (the "Bonds"), in two
series, in the principal amount of not more than Forty Million Dollars ($40,000,000}. The
proceeds of the Bonds will be used to finance costs associated with the acquisition, construction
and equipping of additional improvements to New Hanover Regional Medical Center, including
(i) additional construction of a surgery pavilion and related facilities, (ii) additional construction
of a women's and children's pavilion and related facilities and (iii) the acquisition and
installation of information system and other operating equipment (collectively, the "2008
Project").
The 2008 Project is located at New Hanover Regional Medical Center, 2131 South 17th
Street, Wilmington, North Carolina 28401 (the "Hospital"). The Hospital is owned by the
County and operated by New Hanover Regional Medical Center, a North Carolina non-profit
corporation, in Wilmington, North Carolina.
Please take notice that the County will hold a public hearing at the New Hanover County
Historic Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina 28401, on
October 20, 2008, at 9:00 a.m. at which any person may be heard regarding the issuance of the
Bonds and the financing of the 2008 Project. The public hearing, which may be continued or
adjourned, will be held pursuant to Section 1470 of the Internal Revenue Code of 1986, as
amended. All interested parties are invited to present comments at the public hearing regarding
the proposed issuance of Bonds and the financing of the 2008 Project.
Any person wishing to comment in writing on the revenue bond issue shall do so, within
fourteen (14) days after the date of publication of this notice, to New Hanover County Board of
Commissioners Attention: Sheila L. Schult, Clerk to the Board, 230 Government Center Drive,
Suite 175, Wilmington, North Carolina 28403, if such comments are sent by United States mail.
Sheila L. Schult
Clerk, Board of Commissioners
of the County of New Hanover
October 3, 2008
NYC 676417.1 Board of Commissioners Meeting
10/20/2008
20-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
REGULAR
ITEM: 21
DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director and Wanda Copley,
County Attorney
CONTACT(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney
SUBJECT:
Consideration of Series Resolution Authorizing and Approving the Issuance and Sale of the County of
New Hanover Variable Rate Hospital Revenue Bonds in the Aggregate Principal Amount Not to
Exceed $40,000,000
BRIEF SUMMARY:
The Board shall consider and take action on a Series Resolution providing for the issuance of the County's
Hospital Revenue Bonds in the aggregate principal amount not to exceed $40,000,000, including the
authorization of the execution and delivery of the Bond Purchase Agreement, Standby Bond Purchase
Agreement, the Official Statement, a Fifth Amendment to Lease Agreement, a Credit Facility and the
Remarketing Agreements and providing for other matters in connection therewith.
The draft Series Resolution is available for review in the County Commissioners' Office and the County
Manager's Office.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Series Resolution.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
21-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
REGULAR
ITEM: 22
DEPARTMENT: County Manager PRESENTER(S): Marc Finlayson
CONTACT(S): Bruce T. Shell
SUBJECT:
Presentation: Highway 17 Association
BRIEF SUMMARY:
Marc Finlayson, Executive Director of the Highway 17 Association, would like to provide an update on the
progress and status of Highway 17. He will share the Highway 17 Impact Study prepared by ECU this year
and the Association's most recent progress report.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
ATTACHMENTS:
Highway 17 Progress Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
10/20/2008
22-0
Highway 17 Association
Mission Statement and Goals
2007 - 2008
September 30, 2008 -Year End
Mission Statement
It is the mission of the Highway 17 Association to assure, through collective action and
constancy of purpose, that the inclusion and funding of all unfunded portions of the US
Highway 17 corridor shall be part of the NC Department of Transportation's 2009
Transportation Improvement Program (TIP) or as soon thereafter as possible.
The Highway 17 Association will accomplish its mission by:
~ Protecting Highway 17 projects now fully funded in the TIP.
~ Being regional in vision and scope and not advancing one local project at the
expense of another.
~ Anticipating and resolving local issues and concerns, and facilitating solutions
where local conflicts exist.
~ Helping the DOT solve problems in planning, design, right-of way acquisition
and construction, in order to advance Highway 17 projects.
~ Being an active partner with federal, state, regional and local stakeholders who
share an interest in the completion of a fully controlled access, four-lane Highway
17 from Virginia to South Carolina.
Board of Commissioners Meeting
10/20/2008
22-1-1
Highway 17 Association
Mission Statement and Goals
Goals, Strategies and Tactics
Government Relations 2007 - 08
~ Continue to meet regularly with County and City governing bodies in the
Highway 17 corridor to keep elected officials appraised of progress and to address
issues or concerns.
o Who: Marc Finlayson
o When: Throughout 2007-08 as appropriate.
Progress: Since October 1, 2007 (Beginning of Association's fiscal year)
Finlayson has made formal presentations to the Boards of Commissioners in
Beaufort, Bertie, Brunswick, Craven, Jones, Martin, New Hanover, Onslow,
Pasquotank, Pender and Perquimans Counties. He also formally addressed
the town councils in the towns of Edenton and Windsor. In addition to the
presentations, Finlayson met separately with new Jones County Manager
Franky Howard; Pasquotank Manager Randy Keaton; Pender Manager Lori
Brill; Chowan Manager Cliff Copeland; Camden Manager Randell Woodruff;
Elizabeth City Manager Rich Olson and Edenton Manager Anne-Marie
Knighton.
Progress: Since the last report Finlayson has made presentations to the
town councils in Williamston, Pollocksville, Elisabeth City, Washington and
New Bern.
Progress: Since the last report Finlayson has made presentations to the Board of
Commissioners in Camden County, the City Councils of Wilmington and Jacksonville
and addressed the Board of the Albemarle Economic Development Commission,
which includes elected officials from Camden and Pasquotank Counties and
Elizabeth City. In addition, Finlayson called on administrators for the Town of
Windsor and Bertie County while he was traveling in the corridor. While attending a
meeting in Pender County Finlayson met briefly with new interim county manager Al
Greene.
Progress: Since the last report Finlayson made a presentation to the Martin
County Board of Commissioners concerning the Association's budget request.
Finlayson also updated the Board of Directors of the NC Eastern Region
partnership on the Association's activities. He worked closely with the Jones
County administration to address the county's concern with DOT about money
for project R-2514 slipping out of the TIP. On Jones County's behalf, Finlayson
drafted a letter to the DOT Division 2 Board members and staff respectfully
asking them to restore the funding.
Progress: Since the last report Finlayson gave a progress update to the board
of North Carolina's Northeast partnership where he was introduced by
Windsor Mayor Bob Spivey. At the invitation of the Hampstead Homeowners
Association, Finlayson attended a meeting of stakeholders interested in the
Hampstead Bypass project, including Pender County Commissioner David
Board of Commissioners Meeting
10/20/2008
22-1-2
Williams. Finlayson met briefly in Raleigh with members of the County
Commission delegations of Martin, Craven and Onslow Counties, and met the
interim manager of Onslow County. The local leaders were at the Capitol on
behalf of the NC Association of County Commissioners. Finlayson stopped by
the Chowan County administrative offices to leave a card and word of
greeting for new county manager Peter Rascoe.
Progress: Since the last report Finlayson has made presentations to the Board of
Commissioners in Jones County, Craven County, Pender County, Onslow County
and Martin County, the City Council of New Bern and the Town Board of River Bend.
~ Continue to meet regularly with the DOT Board members representing the
Highway 17 corridor and with key DOT staff to stay up to date on progress, issues
and concerns.
o Who: Marc Finlayson.
o When: Throughout 2007-08.
Progress: Finlayson participated in the quarterly meeting of DOT Board
members and DOT staff to update Highway ~7 project status. Board members
Marvin Blount, Louis Sewell, Stan White and Lanny Wilson attended. Finlayson
conducted an interview with Stan White that was used as a profile of Mr. White
in the October edition of the Association's newsletter. Finlayson and Lanny
Wilson both addressed the Pender County Board of Commissioners on
November 19 regarding the progress of the Hampstead Bypass project.
Finlayson worked with Rob Hanson, DOT's Eastern NC Project Development
Engineer, to get a copy of the draft 2009 TIP when it was published at the
beginning of November.
Progress: Finlayson participated in the January 2008 quarterly meeting of
DOT Board members and staff to update Highway 17 projects. Board
members Stan White, Marvin Blount III and Louis Sewell attended. On
behalf of the Association, Finlayson addressed the Transportation
Improvement Program (TIP) public hearings of DOT Divisions 2 and 3, in
Winterville and Jacksonville respectively. He attended but did not address
the Division 1 public hearing in Elizabeth City, but he did meet briefly after
the hearing with Division 1 board member Stan White.
Progress: At the invitation of the Hampstead Homeowners Association, Finlayson
attended a DOT hearing in Pender County to discuss the proposed Hampstead
Bypass. Division 3 Engineer Allen Pope led the briefing, which also included remarks
by Division 3 Board member Lanny Wilson.
Progress: Finlayson participated in the April quarterly meeting of DOT Board
members and staff to update Highway 17 projects. Board members Stan White,
Marvin Blount III, Cam McRae, Louis Sewell and Lanny Wilson participated.
Finlayson personally delivered the Jones County letter to Marvin Blount, Cam
McRae and Division 2 engineer Neil Lassiter, and in fact spoke with them prior
to the delivery to discuss the content, as the news media had become aware of
the letter and intended to publish a story about it. Finlayson communicated
with Eastern NC project Development Engineer Rob Hanson regarding a
Board of Commissioners Meeting
10/20/2008
22-1-3
request for information about the Jones County project from the activist group
the Land Loss Prevention Project.
Progress: Finlayson attended the ribbon cutting and dedication of the
Windsor Bypass on June 16. Transportation Secretary Lyndo Tippett and
Division 1 Board member Stan White were among the speakers. Finlayson
participated in the July quarterly meeting of DOT Board members and staff to
update Highway 17 projects. Board members Stan White, Marvin Blount III,
Cam McRae, Louis Sewell and Lanny Wilson attended. Finlayson met on
separate occasions with DOT project engineers Olivia Farr, Mark Pierce and
Wade Kirby to receive detailed updates on the Hampstead Bypass project, the
Jones County projects and the Drummer-Kellum Road improvements in
Onslow County respectively. Finlayson met with Division 3 Board Member
Louis Sewell at his Jacksonville office to conduct an interview with Sewell for
an upcoming newsletter profile.
Progress: Finlayson met with DOT engineers David Clodgo in Raleigh and Maria
Rogerson in Chocowinity to discuss in detail progress on two phases of the
Washington Bypass project. He met briefly with Robert Vause, a Division 3 Staff
Engineer at the Jacksonville Chamber of Commerce Transportation Forum and again
at the Onslow County Board of Commissioners Meeting. He met with Acting Division
1 Chief Engineer Jerry Jennings at the Martin County Board of Commissioners.
Finlayson spoke briefly with Division 3 Board member Lanny Wilson at the 21St
Century Transportation Committee meeting in Raleigh. Finlayson had a substantive
discussion in Washington, DC on federal transportation policy with Susan Howard,
North Carolina's Congressional liaison for transportation.
~ Continue to nurture relationships with North Carolina's Congressional delegation
and key staff and grow in knowledge of federal highway funding and
administration.
o Who: Marc Finlayson
o When: Throughout 2007-08.
Progress: To follow up his visit to Washington, DC in September, Finlayson
has been in touch with Susan Howard, DOT liaison to Congress, about the two
appropriations in the transportation budget specific to Highway 17. As of
Thanksgiving, $250,000 for Craven County and $375,000 for Beaufort County
had been agreed upon in the conference report. The report had passed the
House of Representatives and was pending in the Senate.
Progress: The Association received~nal confirmation that the two federal
appropriations specific to Highway 17 had officially been adopted in the
2008 budget conference report and ratified by the President. In~nal tally,
highway 17 received X245,000 for Craven County and $367,500 for
Beaufort County -less than we had hoped but still welcomed.
Progress: The Association has inquired of DOT Congressional lobbyist Susan
Howard if there are any appropriations requests being made on behalf of Highway
17. The Association has offered to advocate for any such requests and we are
awaiting confirmation.
Board of Commissioners Meeting
10/20/2008
22-1-4
Progress: The Association learned that NC DOT requested Senator Elizabeth
Dole to submit an appropriations bill for Highway 17 project U-4007 in Onslow
County. The amount of the request is $2 million. Finlayson shared that
information with the Highway 17 Association Board, as well as Onslow State
Senator Harry Brown and Mike Alford, Chairman of the Military Growth Task
Force, as the appropriation would positively impact the region's infrastructure
in anticipation of the influx of new Marines and their families to the
Jacksonville area. Finlayson negotiated with Patrick Pearce and Amy Auth in
Senator Dole's office to publicize the announcement in the Association's
newsletter.
Progress: The Association received notification that the Dole appropriation
for Onslow County had passed the Senate Appropriations Committee and
would be considered by the full Senate.
Progress: Finlayson spent three days in Washington, DC calling on the Highway 17
Congressional delegation and key staff. He met personally with Senator Elizabeth
Dole and Congressman Walter Jones and spoke briefly with Senator Richard Burr.
He briefed staff for Senators Dole and Burr and Congressmen Jones, Butterfield and
McIntyre on the activities and progress of the Highway 17 Association and on our
concerns about the reauthorization of the federal transportation Act. In particular
Finlayson thanked Senator Dole for her $1 million appropriation request for Onslow
County and urged our House delegation to include it in the final 2009 budget.
~ Continue to nurture relationships with the Highway 17 corridor's state legislative
delegation, and grow in knowledge of state highway funding and administration.
o Who: Marc Finlayson
o When: Throughout 2007-08.
Progress: Finlayson has monitored the first three meetings of the 21St Century
Transportation Study Commission, the blue-ribbon panel appointed by the
Governor and legislative leaders to address the transportation funding shortfall
and the processes by which roads and other transportation needs are met.
Four of the 24 members of the Commission either live in the Highway 17
corridor or represent counties within the corridor. Finlayson has also
monitored the regularly scheduled Transportation Oversight Committee and
has met privately in Tarboro with Sen. Clark Jenkins who chairs the Senate
Transportation Appropriations and Transportation Policy committees.
Finlayson and Rep. Carolyn Justice both addressed the Pender County Board
of Commissioners on November 19 regarding the progress of the Hampstead
Bypass project.
Progress: Finlayson monitored the 21St Century Transportation Commission
meeting in Charlotte in January, and two of its standing subcommittee
meetings in both Charlotte and Raleigh. Finlayson, on behalf of the
Association and at the request of Commission member Lanny Wilson, has
been invited to address the 21St Century Commission when it meets in
Wilmington in February. Finlayson worked closely with Rep. William
Wainwright as Wainwright prepared his keynote remarks to the Highway 17
Association annual meeting. State Senators Jean Preston and Harry Brown
Board of Commissioners Meeting
10/20/2008
22-1-5
attended the annual meeting, as did State Representatives Alice Underhill
and Pat McElraft.
Progress: Finlayson spoke to several members of the General Assembly at the
February meeting of the 21st Century Transportation Commission in Wilmington,
including Reps. Becky Carney (D-Mecklenburg), Lorene Coates (D-Rowan), Phil Frye
(R-Mitchell) and Bill McGee (R-Forsyth) and Sen. Clark Jenkins (D-Edgecombe). He
spoke briefly with Sen. John Kerr (D-Wayne) at an NC Go! breakfast briefing in
Greenville.
Progress: In addition to sharing the Dole appropriations request with Sen.
Harry Brown, Finlayson also consulted with Rep. William Wainwright on some
transportation related data in preparation for a media request of Rep.
Wainwright. Finlayson monitored two meetings of the 21st Century
Transportation Commission and several of its subcommittee meetings,
particularly those concerned with long term financing of transportation needs
in North Carolina and the relative responsibilities for transportation among
federal, state and local governments. Finlayson attended a reception to
welcome newly appointed Sen. Don Vaughn (D-Guilford) to the Assembly.
Vaughn will fill the unexpired term of Kay Hagan, who resigned from the State
Senate to run for US Senate against Elizabeth Dole. Vaughn and Finlayson
once worked together in the leadership of the NC Textile Manufacturers
Association. Sen. Tony Rand ~D-Cumberland) was the host of the Vaughn
event.
Progress: The Association held a highly successful breakfast for our
legislative delegation at the General Assembly on July 9. It was attended by
16 of the 23 legislators who represent the corridor's 13 counties. Over a
dozen board members represented the Highway 17 Association, and other
fi°iends and colleagues attended to show their support for our activities.
Thanks to those who participated. Finlayson spent considerable time in
Raleigh monitoring the activities of the General Assembly during the even-
year budget session, including attending meetings of the House and Senate
Appropriations, Finance and Transportation Committees. During the session
he met at least once with members of the Highway 17 delegations including:
Sen. Clark Jenkins, Sen. Jean Preston, Sen. Harry Brown, Sen. Ed Jones, Sen.
Julia Boseman, Sen. R.C. Soles, Rep. Arthur Williams, Rep. Alice Underhill,
Rep. William Wainwright, Rep. Robert Grady, Rep. Carolyn Justice, Rep. Pat
McElraft, Rep. Bonner Stiller, Rep. Russell Tucker, Rep. Tim Spear and Rep.
Danny McComas. Additionally, Finlayson also met with other legislators who
are in positions of transportation leadership in their chambers, including Sen.
Bill Purcell (D-Scotland), Rep. Becky Carney (D-Mecklenburg), Rep. Harold
Brubaker (R-Randolph), Rep. Mitch Gillespie (R-McDowell), Rep. Jim
Crawford (D-Granville), Rep. Bill Daughtridge (R-Nash) and Rep. Lorene
Coates (D-Rowan).
Progress: Finlayson spoke to Sen. Harry Brown (R-Onslow) and Rep. George
Cleveland (R-Onslow) at the Jacksonville Chamber of Commerce Transportation
Forum. He spoke with Sen. Jean Preston (R-Carteret) and Rep. Pat McElraft (R-
Carteret) at the Carteret County Chamber legislative luncheon. Finlayson attended
the special session of the NC General Assembly on August 27 where he spoke
Board of Commissioners Meeting
10/20/2008
22-1-6
briefly with many legislators from the corridor. Finlayson had a substantive
discussion with Rep. Nelson Cole (D-Rockingham), Chairman of the House
Transportation Appropriations Committee about state-federal transportation issues
prior to Finlayson's trip to Washington, DC.
~ Continue to nurture relationships with other stakeholders and organizations
concerned with transportation issues in North Carolina, to develop a productive
network of allies on issues of interest or concern to the Highway 17 Association.
o Who: Marc Finlayson
o When: Throughout 2007-08.
Progress: Finlayson continues to serve on the Board of Directors of NC Go! the
statewide transportation coalition. He attended an informative briefing in
Raleigh at which the NC Ports Authority and the NC Railroad made
presentations. He subsequently followed up with Stephanie Ayers, Manager of
Planning and Development for the Ports about the need for an improved
Highway 17 to support the facilities at Wilmington, Morehead City and the
proposed International Port at Southport. Finlayson participated in the annual
meeting of the NC Professional Lobbyists Association. Finlayson attended the
forum in Raleigh sponsored by the NC Association of County Commissioners
to discuss the implications of SB 1513 that allows counties to participate
financially in the construction and maintenance of state highways within their
jurisdictions. Finlayson continues to correspond with RPO's and MPO's that
serve the Highway 17 corridor, and briefed the Downeast RPO meeting in
November about Highway 17 projects. Finlayson attended the announcement
in Jacksonville of the build-up of Marines and their families at Camp Lejeune,
MCAS New River and MCAS Cherry Point. Infrastructure, including roads, will
be strained by the influx of some 60,000 new residents over the next several
years. Subsequently, Finlayson followed up with Will Austin, Executive
Director of the NC Military Foundation, whose organization is beginning to
study the impact on Transportation of the growth of military in eastern NC.
Progress: Finlayson attended the~rst of eight regional briefings to
Chambers of Commerce sponsored by NC Go! This event, in Winston-
Salem, featured 21St Century Transportation Commission Chairman Brad
Wilson and Commission member Allen Joines, Mayor of Winston-Salem.
Finlayson, on behalf of the Association, will address the Chamber briefing
in Greenville in March. The Association continues to correspond with
RPOs and MPOs that serve the Highway 17 corridor and Finlayson briefed
the Downeast RPO in January on Association activities. Finlayson
participated in a workshop to discuss infrastructure planning in anticipation
of the Marine Corps growth expected in the central coast region beginning
in late 2008.
Progress: Finlayson attended the NC Go! regional transportation briefing to the
Wilmington Chamber of Commerce. It featured remarks by 21St Century
Transportation Commission Chairman Brad Wilson. Finlayson, on behalf of the
Association and NC Go!, addressed the regional breakfast briefing in Greenville
where he shared the program with 21St Century Transportation Commission member
Jordan Whichard, publisher of The Daily Reflector newspaper of Greenville, and
Daniel Van Liere and Alex Rickard of the Downeast RPO. Finlayson attended the
Board of Commissioners Meeting
10/20/2008
22-1-7
late February meeting of the Military Growth Task Force at Cherry Point. The task
force has placed as one of its top priorities the need to improve transportation
infrastructure to help accommodate the expected growth to the area of Marines, their
families and other associated people and commercial interests.
Progress: Finlayson attended the NC Go! regional transportation briefing to
the Greensboro Area Chamber of Commerce. He also represented the
Association at the NC Go! Transportation Forum in Cary, at which five of the
six major candidates for Governor spoke about their policy positions on the
future of transportation in North Carolina. Finlayson met with NC Go! Vice-
chairman Berry Jenkins (of the NC Association of General Contractors) about
Finlayson taking on a larger statewide, leadership role in NC Go! on behalf of
the Highway 17Association. No commitment has been made as to that
request. Finlayson attended the April meeting of the Military Growth Task
Force and met in Kinston with NC Eastern Region staff to outline the Highway
17Association priorities as part of an overall legislative request for funding on
behalf of the Task Force. Finlayson briefed the Downeast RPO on the
Association's activities and spoke with both Eddy Davis of the Mideast RPO
and Mike Kozlosky of the Wilmington MPO about appearing at an upcoming
meeting. Finlayson met in Pender County with AI Freimark, chair of the
Hampstead Homeowners Association, about their advocacy on behalf of the
Hampstead Bypass project.
Progress: After receiving the endorsement of the Highway 17Association
board, Finlayson accepted the position of Co-Chairman of NC Go!, the
statewide transportation advocacy organization. This position will give the
highway 17 Association a broader audience with transportation policy makers
and the media by virtue of Finlayson becoming a leading voice for
transportation across the state. Finlayson met on several occasions with DOT
lobbyist Johanna Reese and representatives of the NC Turnpike Authority to
understand their positions with regard to transportation policy and budgets.
Finlayson updated the Downeast RPO and Highway 17 progress, and met
with Mike Kozlosky of the Wilmington MPO about the Hampstead Bypass
project. Lionell Midgett and Finlayson met with a group of tourism leaders
fi°om ten of the 13 corridor counties to discuss potential ways the Highway 17
Association could partner with them to promote tourism along Highway 17.
At the invitation of Washington Mayor Judy Jeanette, Finlayson spoke to the
Washington Evening Rotary Club
Progress: At the invitations of the Jacksonville Chamber of Commerce and Carteret
County Chamber respectively, Finlayson attended a transportation Forum in
Jacksonville featuring then DOT Board member Louis Sewell, and a legislative
luncheon in Morehead City that included remarks on transportation policy by Sen.
Jean Preston and Rep. Pat McElraft. Finlayson has provided information about
Highway 17 and the Association's goals and priorities to the consultant who is
facilitating the Transportation Committee of the Military Growth Task Force. In
addition, Finlayson discussed the relationship between the Task Force and the 17
Association with Task Force Director Tom Gaskill and Transportation Committee
members AI Freimark, Danny Walsh and Jerry Jackson. Finlayson addressed the
Downeast Seniors civic organization in Beaufort County.
Board of Commissioners Meeting
10/20/2008
22-1-8
Goals, Strategies and Tactics
Public /Media Outreach and Marketing 2007 - 08
Continue to expand and improve the Highway 17 Association web site. Add
features that will make the site more informative, interactive and interesting to
prospective viewers.
o Who: Marc Finlayson and Mickie Wilson.
o When: Throughout 2007-08.
Progress: Along with Lionell Midgett, Finlayson met with the Downeast RPO
staff to determine how that organization might be able to help the Highway 17
Association with statistical information and to create corridor mapping that
might be used on the Association's web site. The Association hired a
photographer to take images of the corridor for use on our website, in the East
Carolina University Impact Study and in publications and other printed
materials produced by the Association.
Progress: The photography project was completed and the Association now
has excellent images to use on its web site. We expected to design the new
site by the end of the~rst calendar quarter of 2008. Finlayson has had
follow up conversations with the Downeast RPO about the corridor
mapping project.
Progress: Finlayson had afollow-up meeting with the Downeast RPO to monitor
progress on the web site mapping project. The concept is excellent and the
implementation is proceeding nicely.
Progress: Work continues at the Downeast RPO on the Highway 17 mapping
web site project. By the third calendar quarterthe Association will publish the
East Carolina University Impact Study to the web site for public availability.
Progress: The ECU Impact Study has been completed and published and
should be on-line soon. The Association published a pictorial of the Windsor
Bypass opening. Work continues at the Downeast RPO on the interactive
mapping project for the corridor.
Progress: Finlayson met with Daniel Van Liere of the Downeast RPO to update
progress on the web site. Some of the technical problems have been addressed and
the site is back on track to be activated and made available within a few months.
Continue to nurture relationships with editors and reporters covering
transportation for the newspapers and television stations within the Highway 17
corridor, and respond to inquiries by the news media.
o Who: Marc Finlayson with appropriate local directors.
o When: Throughout 2007-08.
Board of Commissioners Meeting
10/20/2008
22-1-9
Progress: Finlayson and Troy Smith both contributed to an update on Highway
17 progress published in December by The Sun Journal of New Bern.
Finlayson also contributed to a story about innovate transportation funding
solutions published in December by The Sfar-News of Wilmington. Finlayson
has provided background information to The Williamsfon Enterprise prompted
by his appearance before the Martin County Board of Commissioners.
Progress: The Association received very favorable coverage of its annual
meeting in The Sun Journal of New Bern. Finlayson also spoke on
separate occasions with reporters or editors from The Washington Daily
News; The Jacksonville Daily News; The Williamston Enterprise; and
The Star -News of Wilmington.
Progress: The Association received very favorable coverage of Finlayson's remarks
to the 21St Century Transportation Commission in Wilmington. Barry Smith, capital
correspondent for the freedom ENC chain of papers wrote a lengthy piece that
appeared in The Sun Journal of New Bern and The Jacksonville Daily News, among
other papers. The Daily Reflector of Greenville and WNCT-TV, the CBS affiliate for
eastern NC both reported on Finlayson's remarks to the NC Go! briefing in Greenville
in early March.
Progress: Finlayson spoke with both The Sun Journal of New Bern and WCTI-
TVabout the Association's request on behalf of Jones County to restore TIP
money to project R-2514. Finlayson spoke with The Sun Journal and The
Jacksonville Daily News about the appropriations request by Sen. Dole for
Highway 17 in Onslow County.
Progress: Finlayson conducted interviews on transportation policy with the
following media outlets: State Government Radio; UNC-TV Legislative Week
in Review; Viewpoints with Lockwood Phillips on WTKF TalkRadio,
Morehead City; WAA V Talk Radio, Wilmington; WPTF Talk Radio, Raleigh;
and The Washington Daily News.
Progress: Finlayson provided interviews on Highway 17 and transportation policy to
The Sun Journal; The North Carolina News Network and Viewpoints on WTKF Talk
Radio. Finlayson is collaborating with East Carolina University to promote the
publication of the Economic Impact Study with regional news media.
~ Continue to distribute news releases or other appropriate information to the media
at least quarterly and follow up to ensure coverage.
o Who: Marc Finlayson and Mickie Wilson.
o When: Throughout 2007-08.
Progress: The Association produced and disseminated newsletters to our
stakeholders, including the news media, in both October and December. In
addition, the Association sent a news release to the media prior to
Thanksgiving announcing the opening of six miles of Highway 17 in Onslow
County in time for holiday travel.
Progress: The Association distributed a news release to the general media
distribution touting the federal appropriations. We also sent a release
Board of Commissioners Meeting
10/20/2008
22-1-10
announcing the election of Onslow Commission Chairman Lionell Midgett
as 2008 President of the Highway 17Association to The Jacksonville Daily
News, The Tideland News, The Richlands News and The Beaulahville
Advertiser.
Progress: Another newsletter is planned for distribution to the media and our mailing
list by the end of March 2008.
Progress: After negotiations with the staff of Senator Elizabeth Dole as to the
appropriate amount to detail to be shared, the Association disseminated its
latest newsletter on the federal budget request to its stakeholders at the
beginning of May. Finlayson spoke with DOT Division 3 Board Member Louis
Sewell about scheduling a time for an interview in anticipation of a newsletter
profile on Sewell.
Progress: The Association distributed a news release to our media list
announcing that the Sen. Dole appropriations request had passed committee
and would be considered by the full Senate. The Association also included the
media in its newsletter distribution promoting the opening of the Windsor
Bypass. Finlayson conducted the profile interview with Louis Sewell.
Progress: The Newsletter for September was to have featured a profile of Division 3
Board member Louis Sewell but the decision was made to postpone publication due
to Mr. Sewell's impending resignation from the DOT Board.
If research studies have been conducted, publish the information in appropriate
journals, magazines, newspapers, etc. and determine other ways to use the
information to advance the cause of highway 17.
o Who: Marc Finlayson.
o When: Throughout 2007-08 as appropriate.
Progress: Finlayson has met regularly with Dr. Mulatu Wubneh, of the East
Carolina University Regional Development Office, to finish the Highway ~7
Impact Study. The Highway 17 Board has reviewed the draft document and
recommended ways to use the information with the public and other
stakeholders. The Association is in the process of getting publication cost
quotes.
Progress: The Association has received quotes for printing the ECU
research study and will make a decision as to quantity and timing by the end
of February 2008.
Progress: The Association has discussed publishing options with East Carolina
University and is exploring possible ways of raising grant money to pay for the
printing costs.
Progress: Finlayson has met several times with East Carolina University Press
and has been reviewing a printer's proof in anticipation of publication of the
study by June. In addition to the hard copies, the impact study will also be
published to the Association's web site for wider public availability. Finlayson
Board of Commissioners Meeting
10/20/2008
22-1-ll
has written letters of thanks to Chancellor Steve Ballard and other East
Carolina University leaders thanking them for their participation and support.
Progress: The ECUlmpact Study has been completed and published. The
Association has begun distributing copies to our stakeholders, including to
our legislative delegation at the breakfast at the general Assembly on July 9.
Finlayson has begun discussions with Dr. Jim Kleckley at ECU about
conducting a second, more detailed study predicting the economic impact of a
fully improved Highway 17 on eastern North Carolina. Finlayson has met
several times with the Association's g~^ant writing consultant about seeking
grants to pay for such a study.
Progress: The Association is collaborating with East Carolina University on a news
release to promote the publication of the Economic Impact Study. At the direction of
the Highway 17 Association Board, Finlayson will explore opportunities to partner
with UNC-Wilmington on a more detailed and substantive follow-up study, as well as
pursue the relationship with ECU.
~ Research alternative ways to tell the Highway 17 story, including cable access
television, documentary film, periodical publication, etc. Understand cost, reach
and value. Continue to update and publish appropriate collateral materials about
Highway 17 to support the outreach effort.
o Who: Marc Finlayson.
o When: Recommendation to the board by end of 2008.
Progress: Beginning to scope the project.
Progress: The Association has completed work on two PowerPoint
presentations designed to better explain the organization's goals and
progress during public speaking opportunities. The~rst presentation was
made at the 2008 annual meeting and the second will be made at the 21St
Century Transportation Commission meeting in Wilmington.
Progress: Finlayson has used the PowerPoint presentation at both the 21St Century
Transportation Commission meeting in Wilmington as well as the Albemarle
Economic Development Commission meeting in Elizabeth City. It has proven to be a
good tool that we can adapt and build on.
Progress: Finlayson used the PowerPoint presentation with the Board of
Directors of the NC Eastern Region partnership.
Progress: Finlayson has had preliminary discussion with documentary
filmmaker Clay Johnson who is associated with UNC-TV. Johnson may be
interested in producing a feature on highway 17. Lionell Midgett and
Finlayson met with tourism representatives from within the corridor. One of
the projects they have expressed interest in our partnership is a map of tourist
attractions in the 13 Highway 17 counties.
Board of Commissioners Meeting
10/20/2008
22-1-12
Progress: Mickie Wilson is following up with the Highway 17 Tourism group.
Finlayson is distributing copies of the ECU Economic Impact Study to all stakeholder
groups to which he speaks.
Board of Commissioners Meeting
10/20/2008
22-1-13
Goals, Strategies and Tactics
Administrative /Financial 2007 - 08
Refine the monthly bookkeeping for the Association and determine the best
method by which to disseminate it to the board.
o Who: Marc Finlayson and Mickie Wilson.
o When: By end of last calendar quarter 2007.
Progress: Mickie Wilson has developed a reliable and accurate system for
reporting the Association's monthly financial data. Ms. Wilson and Marc
Finlayson continue to enjoy a good working relationship with financial staff at
NC Northeast partnership. At its December meeting the Highway 17 Board
named a Finance Committee to receive and review the monthly financial
statements.
Progress: We now have a reliable process in place by which the Finance
Committee reviews the monthly budget report and expense reimbursement
statement. The treasurer, former Jones County Manager Larry Meadows,
will personally audit expense statements and receipts once per quarter and
report to the Board.
Progress: Our Finance Committee has now reviewed and approved expense
statements for the first fiscal quarter of 2007-08 and has endorsed the process. In
early March Association Treasurer Larry Meadows conducted his quarterly audit of
expenses in orderto make his report to the Board on March 11.
Progress: Association treasurer Larry Meadows has conducted his quarterly
audit of expenses in orderto make his report to the Board in May. The monthly
expense reimbursement process continues to work effectively. Mickie Wilson
has been working with Sarah Jackson at North Carolina's Northeast
partnership to begin the process of transferring the Highway 17 assets from
NC Northeast to the Association's own account. This element of financial
control was strongly recommended in the recently completed audit and was
approved by the Board at its March meeting. NC Northeast is supportive of the
change and the Association greatly appreciates theirservice to our
organization. The transfer should take place on June 30 at the end of the
state's (and the NC Northeast) fiscal year.
Progress: Mickie Wilson and Finlayson net with Sarah Jackson at NC
Northeast partnership in Edenton to thank her personally for her accounting
and bookkeeping work on our behalf. We received the Highway 17 account
balance from Sarah and deposited it into an interest bearing account in the
Association's name. Highway 17 Association funds being held in Jones
County will mature in September and be transferred to the master account at
that time.
Progress: The Association received the money from Jones County and invested it in
a certificate of deposit. It will be accounted for each month along with our operating
account and our interest-bearing holding account. We expect to supplement our
Board of Commissioners Meeting
10/20/2008
22-1-14
budget with the interest earned on the CD. Our Finance Committee process
continues to work well. Treasurer Larry Meadows conducted his quarterly expense
audit for the third fiscal quarter in preparation fro the August 26 Board meeting.
Secure the proper tax exempt status for the Association with the Internal Revenue
Service and the NC Department of Revenue. As part of the application process,
draft bylaws for the Association that will provide the framework for the
organization going forward.
o Who: Marc Finlayson and Mickie Wilson.
o When: By end of first calendar quarter 2008.
Progress: The Association has engaged the services of an accounting firm to
draft bylaws and file the appropriate paperwork with the IRS seeking 501(c)(6)
status. The Highway 17 Board has reviewed the draft bylaws and
recommended changes to accurately reflect the mission and structure of the
organization.
Progress: At its annual meeting, the Association adopted the bylaws and
elected its board and officers for 2008. Subsequently the paperwork was
filed with the IRS formally requesting the 501 (c) (6) tax reporting status.
Progress: The paperwork has been received and acknowledged by the IRS and we
are awaiting the letter.
Progress: The Association has received its letter from the IRS certifying that it
is a 501(c)(6) not-for-profit organization.
Progress: Completed.
Along with securing the appropriate tax exempt status for the Association, see
that tax returns are properly filed with the IRS and the NC Department of
Revenue.
o Who: Marc Finlayson and Mickie Wilson.
o When: By end of first calendar quarter 2008.
Progress: The Association has engaged the services of an accounting firm to
file tax returns for the Association's first full year of operation, beginning
October 1, 2006 and concluding September 30, 2007. An extension has been
filed with the IRS and NC Department of Revenue pending the approval of our
application for tax exempt status.
Progress: When we receive the formal paperwork from the IRS" regarding
the Association's tax reporting status, we will submit our 2006-07 fiscal year
tax report.
Progress: Status is the same as above.
Board of Commissioners Meeting
10/20/2008
22-1-15
Progress: Now that the Association has received its not-for-profit certification
from the IRS, our tax accountant is finishing the tax returns. We should be
prepared to sign and submit them shortly.
Progress: The tax returns were reviewed, approved, signed and submitted.
Progress: Completed.
Secure an independent audit of the first year financial information of the
Association.
o Who: Marc Finlayson and Mickie Wilson.
o When: By end of first calendar quarter 2008.
Progress: The Association has begun the process of identifying an
independent auditor who can review the organization's financial records for
ourfirst year of operation and certify that it is in order. Several funding
jurisdictions have requested such an audit to ensure the highest level of
financial accountability when using public money.
Progress: The Association has engaged the services of a Certified Public
Accountant to audit our~nancial records for our initial~scal year, October
1, 2006 to September 30, 2007. The audit draft has been completed and is
being reviewed.
Progress: The Association has received the final audit report, which finds that we are
in compliance and managing ourfinances in a way typical of snot-for-profit
organization of our size. Full copies are available for the Board, our funding partners
and the public upon request.
Progress: Completed.
Progress: Mickie Wilson has contracted with our CPA to conduct our second annual
financial audit during our first fiscal quarter of 2009, which is the last calendar quarter
of 2008.
Explore innovative ways to generate more income for the Association and its
mission, including soliciting private donations for special events and seeking
grant money for special projects.
o Who: Marc Finlayson and Mickie Wilson.
o When: Throughout 2007-08.
Progress: The Association has begun soliciting donations from private
companies to host the January 29, 2008 annual meeting. In 2007, six
companies underwrote the cost of the annual meeting meal. The Association
hopes to secure eight to ten donations this coming year. Finlayson has begun
preliminary discussions with a professional grantwriterto research
prospective grants that might benefit the Highway 17 Association or Highway
17 projects or communities directly.
Board of Commissioners Meeting
10/20/2008
22-1-16
Progress: The Association received commitments from nine private
companies to underwrite the cost of the 2008 annual meeting. The $4,500
raised enabled the Association to feed state and local elected officials
without using public money, and allows us to use our special event's budget
line item for other activities throughout the year. Finlayson has received a
proposal for grant writing and research which is now under review.
Progress: The Association has reached agreement on a contract with a grant writing
professional. We expect to sign the papers and get started during the second week
in March 2008. We will research and pursue appropriate grants in both the public
sector and from private foundations.
Progress: Finlayson has met on several occasions with our grant writing
professional to discuss options, including several federal government grants
as well as North Carolina's Golden Leaf Foundation. Finlayson met with
Golden Leaf board member Kel Landis to discuss options for Highway 17
Association either making request directly or through a 501~c)(3) partner, and
to solicit Landis' support for our prospective request.
Progress: The Association will pursue a Golden Leaf Foundation grant in
partnership with ECU when details and responsibilities can be worked out
with Dr. Jim Kleckley at the University.
Progress: The Association continues to explore grants that might help us finance
some of our outreach activities. Our grant writer is also exploring ways to seek
grants on behalf of our member governments as a value-added service.
Board of Commissioners Meeting
10/20/2008
22-1-17
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 20, 2008
REGULAR
ITEM: 23
DEPARTMENT: Finance PRESENTER(S): Avril M. Pinder, Finance Director
CONTACT(S): Avril M. Pinder, Finance Director
SUBJECT:
Consideration of New Hanover County Identity Theft Prevention Program
BRIEF SUMMARY:
To be in compliance with the Red Flags Rule Section 114 of the Fair and Accurate Credit Transactions Act
of 2003, the Identity Protection Act of 2005, North Carolina General Statutes (N.C.G.S.) 75-60 Identity Theft
Protection Act, N.C.G.S. 14-113.20 Identity Theft, N.C.G.S. 132-1.10 of the Public Records Act (together,
the Act), the County is required to implement an Identity Theft Prevention Program by November 1, 2008.
The program provides for the safeguarding of certain information of customers, vendors, employees, and
other individuals who provide information to the County that is covered by the Act.
The purpose of this policy is to communicate to employees and third parties their responsibility for
protecting sensitive and confidential information pursuant to the Act and a response plan in the event that
there is a breach of information subject to the Act.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the attached New Hanover County Identity Theft Prevention Program and Resolution.
ATTACHMENTS:
New Hanover County Identity Theft Prevention Program
Resolution NHC Identy Theft Prevention Program
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/20/2008
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10/20/2008
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~~t~TY.~
~ ~ ~
~~~ ~ ~~
o ~ ~
0
~~ ~~
~~
~~s~~BLISH~~ 1~2
NEW HANOVER COUNTY
IDENTITY THEFT PREVENTION PROGRAM
TABLE OF CONTENTS
SECTION
PAGE
1. Purpose . 3
2. Definitions 3
3. Detecting Red Flags 4
4. Duties of Users of Consumer Reports Regarding Address
Discrepancies 5
5. Service Provider Arrangements 6
6. Responsibilities of Departments 6
1. Managing, Maintaining and Storing Sensitive and Confidential
Information 7
8. Sensitive and Confidential Information Breach Response Plan 8
9. Program Updates 10
10. Program Administration 10
11. Program Adoption 10
ATTACHMENTS
1. Sensitive Information User Agreement 11
2. Sensitive Information Service Agreement 12
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SECTION 1. Purpose
In accordance with the Federal Trade Commission's Red Flags Rule which
implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003, the Identity
Protection Act of 2005, North Carolina General Statutes (N. C. G. S) 75-60 Identity Theft
Protection Act, N. C. G. S 14-113.20 Identity Theft, and N. C. G. S 132-1.10 of the Public
Records Act (together, the Act), the County is required to safeguard certain information of
customers, vendors, employees, and other individuals who provide information to the County
that is covered by the Act. The purpose of this policy is to communicate to employees and
third parties their responsibility for protecting sensitive and confidential information pursuant
to the Act and a response plan in the event that there is a breach of information subject to the
Act.
SECTION 2. Definitions
1. Account means a continuing relationship established by a person with a creditor to
obtain a product or service for personal, family, household or business purposes, including an
extension of credit (such as the purchase of property or services) involving a deferred
payment.
2. Confidential information -Under N.C.G.S 132-1, the County also has an obligation
to secure and limit access to other information involving customers and employees. The
following are identified as confidential information, although this is not a complete listing:
a. Communication with legal counsel
b. State and local tax information that contain information about a taxpayer's income
or receipts except as provided in N.C.G.S. 153A-148.1 and N.C.G.S. 160A-208.1
c. Public enterprise billing information (customer data}
d. Records of criminal investigations conducted by public law enforcement agencies
e. Names, addresses, telephone numbers, or email addresses that are contained in
the 911 database, emergency notification system or reverse 911 system.
3. Covered Account means (a) an account that a creditor offers or maintains, primarily
for personal, business, family or household purposes that involves or is designed to permit
multiple payments or transactions, and (b) any other account that the creditor offers or
maintains for which there is a reasonable foreseeable risk to customers or to the safety and
soundness of the creditor from identity theft, including financial, operational, compliance,
reputation or litigation risks.
4. Identifying Sensitive Information includes the following:
a. Social security and employer taxpayer identification numbers
b. National and international identification
c. Drivers license, State identification card or passport numbers
d. Credit card and debit card numbers
e. Savings and checking account numbers
f. Personal Identification (PIN) Code
g. Passwords
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h. Electronic identification numbers, electronic mail names or addresses,
internet account numbers or internet identification names
i. Customer credit information (credit history, pay arrangements and financial
transactions)
j. Parent's legal surname prior to marriage
k. Any other numbers or information that can be used to access a person's
financial resources
I. Digital signatures
m. Biometric data
n. Fingerprints
5. Identity Theft
The Federal Trade Commission's Red Flags Rule defines identity theft as fraud
committed using the identifying information of another person.
6. Notice of Address Discrepancy means a notice sent to a user by a consumer
reporting agency that informs the user of a substantial difference between the address for the
consumer that the user provided to request the consumer report and the address in the
agency's file forthe consumer.
7. Personal Information includes a person's first name or first initial and last name in
combination with identifying information as defined in N.C.G.S. 14-113.20(b).
8. Red Flag means a pattern, practice or specific activity that indicates the possible
existence of identity theft.
9. Security Breach is an incident of unauthorized access to and acquisition of
unencrypted and unredacted records or data containing personal information where illegal
use of the personal information has occurred or is reasonably likely to occur or that creates a
material risk of harm to a consumer. A breach of information can occur physically or virtually
via technology. Access and use of sensitive or confidential information by an employee or
agent of the County for a legitimate purpose is not a security breach, provided that the
sensitive or confidential information is not used for a purpose other than a lawful purpose and
is not subject to further unauthorized disclosure.
10. Service Providermeans a person that provides a service directly to the creditor.
SECTION 3. Detecting Red Flags
3.1 The County has a responsibility to define high risk areas for identity theft and identify
potential threats for identity theft known under the Act as Red Flags. The Red Flags
are indicators that sensitive information is being used fraudulently. This policy in
combination with department specific guidelines should help to detect a potential for
identify theft and unauthorized use of information.
3.2 The following are Red Flags that have been identified as indicators that sensitive
information is being used fraudulently. Red Flags are most commonly associated with
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activity on customer accounts. Other Red Flags may exist that are unique to a
department and should be included in departmental guidelines.
a. The customer or individual provides notice that they are a victim of identify theft
b. A consumer reporting agency or service provider has provided an alert,
notification or other warning
c. Unusual number of recent and significant inquiries
d. Unusual or significant change in recently established credit or financial
relationships
e. Conflicting names on identification and other documentation
f. Documents provided appear to have been altered or forged
g. Picture identification is not consistent with the appearance of the individual
presenting the identification or the physical description on the identification does
not match
h. Shortly after establishing an account, there is a request to change a mailing
address or to add authorized users to the account
i. Personal identifying information provided is not consistent with other external
information sources
i. Social security number does not match, is listed on the Social Security
Administration's death master file or is the same as that submitted by
other persons opening an account
ii. Address does not match or is fictitious, a mail drop or prison
iii. The phone number is invalid or associated with a pager or answering
service
iv. Authenticating information (i.e. PIN, password) provided is incorrect
v. Name on credit card or check does not match name on account or
names associated with the account.
j. Mail sent to the customer is returned repeatedly as undeliverable although
transactions continue to be conducted in connection with the customer's
account.
k. The creditor is notified that the customer is not receiving paper account
statements.
3.3 Upon identification of a Red Flag indicating a potential risk of identify theft, an
employee should immediately notify their supervisor in person or by telephone to determine
the validity of the Red Flag. Once an identity theft risk is confirmed by the supervisor and
Department Head, staff should respond in accordance with the Sensitive and Confidential
Information Breach Response Plan as outlined in Section 8.
SECTION 4. Duties of Users of Consumer Reports Regarding Address Discrepancies
Access to consumer reports should be limited only to authorized employees in order to
perform essential tasks for County business.
The following procedures should be followed when any user of a consumer report receives a
notice of address discrepancy from a credit reporting agency in order to confirm the accuracy
of an address:
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1. Compare the information in the consumer reportwith the information the user
obtained to verify the consumer's identity
2. Verify the information in the consumer reportwith the consumer
3. Verify the address through third-party sources
4. Use any other reasonable means of verification.
SECTION 5. Service Provider Arrangements
In the event the County engages a service provider to perform an activity in connection with
one or more accounts, the County will take the following steps to ensure the service provider
performs its activities in accordance with reasonable policies and procedures designed to
detect, prevent and mitigate the risk of identity theft:
1. Require, by contract, that service providers have such policies and procedures in
place
2. Require, by contract, that service providers review the County's program and
report any Red Flags to the Program Administrator.
SECTION 6. Responsibilities of Departments
6.1 Department heads are responsible for determining which employees are authorized to
access and handle sensitive and confidential information and the department head
must ensure that the authorized employees are trained to handle such information in
accordance with this policy.
6.2 Each department will develop and maintain a standard procedure to provide staff with
specific guidance on the protection of sensitive and confidential information applicable
to the department. Departmental procedures will supplement but not supersede this
policy or applicable laws.
6.3 Department Heads are responsible for notifying the Program Administrator of any
report of a suspected or actual security breach.
6.4 All employees who manage and work with sensitive and confidential information are
required to read and sign the Sensitive Information User Agreement which will be
maintained in the employee's personnel file.
6.5 Each department will ensure that service providers who are in contact with sensitive or
confidential information are aware of security requirements, as well as the need for
confidentiality, through proper contractual agreements and arrangements.
6.6 All third party contractors who may have access to sensitive and confidential
information are required to read and sign the Sensitive Information Service Agreement
which will be maintained with the contract.
6
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SECTION 7. Managing, Maintaining and Storing Sensitive and Confidential Information
7.1 Employees who have access to sensitive and confidential information are required to
create, handle, maintain and dispose of such information with prudent care in order to
ensure proper security. Access to sensitive and confidential information will be limited
and only provided in order for authorized employees and contractual third parties to
perform essential tasks for County business.
7.2 The following procedures should be followed while creating, handling, maintaining,
storing and disposing of sensitive information.
1. Enter information directly to a final destination (i.e. computer system) and
refrain from documenting the information in other areas.
2. If sensitive information is written on paper for reference, shred paper
immediately upon recording the information in the final destination.
3. Electronic payment data should be handled by authorized personnel and
only the last 4 digits of the customer's credit or debit account number should
be visible on reports.
4. Sensitive information should not be included on e-mails.
5. Sensitive information should not be included on printed reports except as
needed for the performance of essential tasks.
6. Maintain documents that contain sensitive information in a secured room
and limit access to the area.
7. If possible, utilize encryption to secure information in the database or
storage system.
8. Do not leave a computer unattended if sensitive information could be
accessed by unauthorized individuals. While away from the computer, log
off or lock the workstation.
9. Do not store files with sensitive information on laptops or on flash drives
unless the information and the device can be secured and not accessible to
unauthorized individuals.
10 . Take reasonable measures when destroying sensitive data that will prohibit
the information from being read or reconstructed. Documents with sensitive
data should be shredded by the individual who has authorized access to the
data or by another employee while in the presence of the authorized
employee. The County may enter into a written contract with a third party in
the business of record destruction to destroy sensitive information in a
manner consistent with this policy.
7.3 In order to protect sensitive and confidential information, the County will only release
sensitive information to the account holder or individual(s) who own the information
upon confirmation of personal identifying information or a valid picture ID. The
confirmed account holder or individual may authorize the release of sensitive
information to a third party. Confidential information will only be released in
accordance with state statute. The only exception will be the release of specified
information pursuantto a court order, warrant, subpoena orother requirement by law.
Board of Commissioners Meeting
10/20/2008
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SECTION 8. Sensitive and Confidential Information Breach Response Plan
8.1 Identify that a breach of sensitive or confidential information has occurred.
Physical Breach -The following are indications that there has been unauthorized
access to sensitive and confidential information via a physical breach. Other activities
may occurthat are also physical breaches that are not included in the listing.
a. Evidence of lock tampering on file cabinets or office doors
b. Evidence of unauthorized entry in an area where sensitive and confidential
information is stored
c. Missing files or documents that contain sensitive information
Technology Breach -The following are indications that there has been unauthorized
access to sensitive and confidential information via a technology breach. Other
activities may occur that are also technological breaches that are not included in the
listing.
a. Unknown or unauthorized name in the computer logon window
b. Disconnected computer cables or power cables
c. Missing computer equipment (desktop, laptop)
d. Evidence that electronic files have been accessed by unknown or unauthorized
individuals or are missing
e. Devices or media attached to the computer that are not known or authorized
f. Unusual programs running, icons, or windows that appear that are not known
and are not part of the normal work process
g. Any other suspicious activity which indicates an attempt to use technology
without approval
8.2 Notify the appropriate internal and external contacts.
Internal notification -Any County employee who becomes aware of a suspected or
actual security breach must immediately notify their supervisor. The supervisor will
discuss the validity of the Red Flag with the Department Head. The Program
Administrator is responsible for further investigation upon notification by the
Department Head. If said notification involves electronic equipment, the Information
Technology Director should be informed by telephone or in person by the Program
Administrator.
External notification -The County is required to notify affected individuals of actual
security breaches. Each suspected breach will be reviewed by the County Manager's
office, the department where the breach occurred, law enforcement, and Information
Technology (if applicable) to determine the appropriate action that will include the
following:
a. Notify the affected individuals without unreasonable delay providing
information in general terms about the incident, the type of sensitive
information that was subject to the unauthorized access, the actions that
the County will take to protect the information from further access, a
telephone number that the person may call for further information and
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assistance, and advice that directs the person to remain vigilant by
reviewing account statements and monitoring free credit reports.
b. Providing affected individuals with information about how to alert credit
agencies to potential fraud and identity theft.
c. Notice to affected individuals may be provided by one or more of the
following methods:
a. Written notice
b. Electronic notice for those individuals for whom the County has a
valid email address and who have agreed to receive
communications electronically
c. Telephonic notice provided the contact is made directly with the
affected persons and appropriately documented by the County.
d. A substitute notice may be given if the cost of providing the notice
exceeds $250,000, the number of affected persons is greater than
500,000, or the County does not have the necessary contact information
to notify the individual in any of the aforementioned manners. A
substitute notice will include posting a notice on the County's website
and notifying major statewide media.
e. If a security breach involves more than 1,000 persons, the County will
provide written notice of the timing, distribution and content of the notice
to the Consumer Protection Division of the North Carolina Attorney
General's Office, as well as to all consumer reporting agencies that
compile and maintain files on consumers on a nationwide basis, as
defined in 15 U.S.C.1681 a (p).
f. Notice may be delayed if law enforcement informs the County that
disclosure of the breach would impede a criminal investigation or
jeopardize national security. Such request by law enforcement must be
documented in writing.
8.3 Implement Plan
The County Manager or his designee will designate a Program Administrator to investigate
and handle notifications of any suspected identity theft risks or actual security breaches until
such time that the threat has ended and affected individuals and agencies are notified.
Technology Breach Response -The Information Technology department is
responsible for the following response upon being notified of a technology security
breach by the Program Administrator.
a. The Information Technology department will notify computer users that a
technology breach has occurred and the breach response plan is being
implemented
b. The Information Technology department will secure the computer
infrastructure as deemed appropriate which may include but is not limited
to disconnecting network connections to outside locations, disconnecting
servers or any other device on the network until the breach is isolated.
c. Information Technology department will preserve evidence that may be
needed bylaw enforcement for investigative purposes
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8.4 Review of Incidents and Reports
At least annually, the Program Administrator will review all incidents of suspected or actual
security breaches and reportfindings and recommendations to the County Manager.
SECTION 9. Program Updates
This program will be periodically reviewed and updated to reflect changes in risks to
customers and to the soundness and safety of the County from identity theft, based on
factors such as:
a. The experiences of the County with identity theft
b. Changes in methods of identity theft
c. Changes in methods to detect, prevent and mitigate identity theft
d. Changes in the types of accounts the County offers or maintains
e. Changes in the business arrangements of the County with other entities.
After considering these factors, the Program Administrator will determine whether changes to
the Program, including the list of Red Flags, are warranted. If warranted, the Program
Administrator will update the program or present the County Manager with the recommended
changes so the County Commissioners may make a determination of whether to accept,
modify or reject those changes.
SECTION 10. Program Administration
Responsibility for developing, implementing and updating this Program lies with the County
Manager or his designee and will be responsible forthe following:
1. Administration of the Program
2. Ensuring appropriate training of County staff on the program
3. Reviewing annual reports submitted by staff regarding compliance with this Program
4. Reviewing any staff reports regarding the detection of Red Flags and the steps for
preventing and mitigating identity theft
5. Determining which steps of prevention and mitigation should be taken in particular
circumstances
6. Considering periodic changes to the Program.
SECTION 11. Program Adoption
This Program was developed with oversight and approval of the New Hanover County Board
of Commissioners. After consideration of the size and complexity of County operations and
account systems and the nature and scope of County activities, the New Hanover County
Board of Commissioners has determined that the Program was appropriate for New Hanover
County and therefore approved this Program on the day of October, 2008.
to
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NEW HANOVER COUNTY
SENSITIVE INFORMATION USER AGREEMENT
~~LISI-lE~~
have read the Identity Theft Prevention Program for New Hanover County, North
Carolina and understand how to properly manage, maintain, store and dispose of
sensitive and confidential information at New Hanover County, North Carolina. I will
abide by the program and will handle sensitive and confidential information with prudent
care in orderto ensure proper security of the information.
In the event of a suspected or actual breach of sensitive and confidential information,
will notify my immediate supervisor without delay and follow the Sensitive and
Confidential Information Breach Response Plan.
understand that negligent handling or inappropriate use of the County's sensitive and
confidential information will be subject to disciplinary action up to and including dismissal
and may be criminally and civilly prosecuted as allowed by law.
have read, understand and agree to the conditions above.
Printed Name of Employee
Signature of Employee:
Date
Department
Signature of Department HeadlSupervisor
l l
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NEW HANOVER COUNTY
SENSITIVE INFORMATION SERVICE AGREEMENT
~~LISI-lE~~
an authorized representative
of (Company), hereby
acknowledge that I have read and will adhere to the requirements listed below as they
apply to the services procured by New Hanover County, North Carolina (County.)
1. The appointed representative of the Company has read the New Hanover County
Identity Theft Prevention Program.
2. The Company accepts responsibility for the security of sensitive and confidential
information in their possession.
3. Data can only be used to complete the service as described by the County for
which the Company was engaged to perform.
4. If the Company is providing service that is related to a key function of the County
the Company must assure business continuity in the event of a major disruption,
disaster, or failure as provided for by contract.
5. If a security intrusion has been detected, the Company will notify the County
immediately. If the Company has placed sensitive data on their system and the
system has been breached, the Company will allow their system to be thoroughly
reviewed at the Company's expense. This review may be conducted by the
County or an appointed representative. In the event the intrusion is related to
credit card numbers, the review may be conducted by a Payment Card Industry
representative and will validate compliance with Payment Card Industry Security
Standards for protecting cardholder data.
Name of Company
Address
Name of Representative
Signature Date
Title
12
Board of Commissioners Meeting
10/20/2008
23-1-12
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
NEW HANOVER COUNTY IDENTITY THEFT PREVENTION PROGRAM
WHEREAS, the Federal Trade Commission has informed governmental units, financial
agencies and creditors that they must implement an Identity Theft Prevention Program by
November 1, 2008; and
WHEREAS, in order to be in compliance with the Red Flags Rule Section 114 of the Fair and
Accurate Credit Transactions Act of 2003, the Identity Protection Act of 2005, North Carolina
General Statutes (N.C.G.S.) 75-60 Identity Theft Protections Act, N.C.G.S. 14-113.20 Identity
Theft, and N.C.G.S. 132-1.10 of the Public Records Act (together, the Act), the County is
required to implement an Identity Theft Prevention Program by November 1, 2008; and
WHEREAS, the program provides for the safeguarding of certain information of customers,
vendors, employees, and other individuals who provide information to the County that is covered
by the Act.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners hereby adopts this policy that will communicate to the employees and third
parties their responsibility for protecting sensitive and confidential information pursuant to the
Act and a response plan in the event that there is a breach of information subject to the Act; and
shall be effective November 1, 2008.
ADOPTED this the 20th day of October, 2008.
NE~U HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/20/2008
23-2-1