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HomeMy WebLinkAboutAgenda 2008 11-10AGENDA ~~. ~, ~~ ~1 ~~ 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 NOVEMBER 10, 2008 12:00 P.M. CLOSED SESSION AGENDA ITEMS OF BUSINESS 12:00 p.m. 1. Closed Session Pursuant to G.S.143-318.11(5) 12:10 p.m. 2. Closed Session Pursuant to G.S. 143-318.11(a)(6) to Conduct Annual Performance Appraisals for the County Manager, County Attorney and Clerk to the Board Board of Commissioners Meeting 11/10/2008 This page intentionally left blank. AGENDA ~1 ~~ 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 NOVEMBER 10, 2008 1:00 P.M. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION (Carl A. Byrd, Sr., Human Relations Director) PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Consideration of a Resolution to Delegate Hiring Authority for an Area Director to the Southeastern Center for Mental Health, Developmental Disability, and Substance Abuse Services Area Board 3. Approval of Airport Authority Lease to the U.S. Government for and on Behalf of the Department of Veterans Affairs 4. Approval of Designation of Applicant's Agent for Tropical Storm Hanna (FEMA 1801 DR NC) Public Assistance Programs 5. Approval of Automatic Aid Agreement between New Hanover County Fire Services and the Town of Carolina Beach Fire Department 6. Approval of Budget Amendment for Acceptance of Award from GlaxoSmithKline 7. Approval of Proposed Revisions to Four (4) Sections of the Personnel Policy: Employee Grievance Policy, Employee Appeal Policy, Insurance Benefits Policy and Holiday Policy 8. Approval of Release of Tax Value 9. Adoption of Ordinances for Budget Amendments ESTIMATED RE LAR A E DA ITEM F B I E TIMES GU G N S 0 USN SS 1:10 p.m. 10. Consideration of "Wilmington Civitan Day" Proclamation 1:15 p.m. 11. Consideration of "Family Caregivers Month" Proclamation 1:20 p.m. 12. Consideration of "Adoption Awareness Month" Proclamation 1:25 p.m. 13. NOTE: THIS ITEM HAS BEEN REMOVED Presentation by Wilmington Housing Authority Seeking a Reduction in Inspection Fees 1:30 p.m. 14. Consideration of The Greater Wilmington Sports Hall of Fame's Request for Funding 1:35 p.m. 15. Consideration of Budget Amendment and Positions for Women, Infant and Children's (WIC) Program 1:40 p.m. 16. Consideration of a Resolution Requesting Legislation to Amend Senate Bill 3, 2007 Session 1:45 p.m. 17. Public Hearing Board of Commissioners Meeting 11/10/2008 ~~~~}~,` ~~ ~~ ~ s _~ k ~ ~~~. °~ Text Amendment (A-371, 5/08) - Request by Staff to Amend Article II: Definitions and Article VII: Provisions for Special Uses to Define and Specify Standards for Senior Housing Options 1:55 p.m. 18. Public Hearing Text Amendment (A-375,10/08) - Request by Staff to Amend Section 59.9-6 to Clarify the Approval and Modification Process for Riverfront Mixed Use Projects 2:15 p.m. 19. Public Hearing Conditional Rezoning (Z-890,10/08) - Request by Cornelia Nixon Davis, Inc. to Add 2.9 Acres to an Existing Conditional CD(O&I) District and to Modify the Approved Site Plan at 1011 Porters Neck Road 2:35 p.m. 20. Consideration of Award of Contract for Architectual Services for New Hanover County Jail Addition 2:50 p.m. 21. Committee Appointments NON-AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 3:05 p.m. 22. Consideration of St. Andrews-Covenant Presbyterian Church Anniversary Proclamation 3:10 p.m. 23. Consideration of Notice for LINO, Inc. Lease Amendment for Re- entry/Transitional Housing at the December 1, 2008 Board Meeting 3:20 p.m. 24. Additional Items County Manager County Commissioners Clerk to the B oard County Attorney 3:30 p.m. 25. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 11/10/2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 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 16, 2008 Regular Session meeting held on October 20, 2008 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Nancy H. Pritchett CONTACT(S): Chris Coudriet SUBJECT: Consideration of a Resolution to Delegate Hiring Authority for an Area Director to the Southeastern Center for Mental Health, Developmental Disability, and Substance Abuse Services Area Board BRIEF SUMMARY: Fred Blankenhorn, Area Board Chair, requested Nancy Pritchett, Phil Norris and F. D. Rivenbark to have their board of county commissioners delegate its authority to approve the Southeastern Center Area Director appointment to the Area Board. The request will expedite the hiring process. A resolution to delegate authority is attached for consideration. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Letter from Area Board Chair Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 2-0 Southeastern Center For Mental Health, Developmental Disabilities, ~ Substance Abuse Services Serving Brunswick, New I~anover, ~ Pencter Counties 2023 South 17th Street, Post Office Box 4147, Wilmington, NC 28406 (910) 332-6888, Fax (910) 332-6780,1-800-293-6440 Arthur F. Costantini, Ph.D. Area Director October 29, 2008 T0: Phil Norris, Nancy Pritchett, F.D. Rivenbark FROM: Fred Blankenhorn, Area Board Chair SUBJECT: Hiring of SEC Area Director G.S. 122C-117(7) "Powers and Duties of the Area Authority" states that one of the duties of the Area Board is to: Appoint an area director in accordance with G.S. 122C-121 (d). The appointment is subject to the approval of the board of county commissioners except that one or more boards of county commissioners may waive its authority to approve the appointment. The appointment shall be based on a selection by a search committee of the area authority board. The search committee shall include consumer board members, a county manager, and one or more county commissioners. The Secretary shall have the option to appoint a member to the search committee. The Southeastern Center Search Committee consist of four (4) Area Board members, one from each of the three (3) counties and the Area Board Chairman; two (2) representatives from each county, i.e., one (1) commissioner and one (1) representative from the County Managers office; and one (1) representative from the state, i.e., one (1) appointed by the Secretary of DHHS. Through this letter I am requesting that each county commissioner that serves on Southeastern Center's Board have their board of county commissioners delegate its authority to approve the Southeastern Center Area Director appointment to the county commissioner that serves on the Area Board. This request will expedite the hiring process and allow us to select and hire a candidate over the holidays. Thank you for taking this request to your commissioners. AFC/gp Board of Commissioners Meeting 11/10/2008 2-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION TO DELEGATE HIRING AUTHORITY FOR AN AREA DIRECTOR TO THE SOUTHEASTERN CENTER FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITY, AND SUBSTANCE ABUSE SERVICES AREA BOARD WHEREAS, the current Area Director for the Southeastern Center will retire December 31, 2008; and WHEREAS, the Area Board has established a search committee that includes area board members, county commissioners, county managers [representatives], and a Health and Human Services secretary representative; and WHEREAS, G.S. 122C-117(7) establishes the Area Board as the responsible body for appointing an Area Director; and WHEREAS, G.S. 122C-121 conditions the appointment of the Area Director to the approval of the county commissioners unless said authority is waived by the county commissioners; and WHEREAS, the Area Board would like to select and appoint its next Area Director before the current Area Director retires; and WHEREAS, the Area Board Chair has requested the Brunswick, New Hanover, and Pender county commissions to delegate its approval authority to the Area Board. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby delegate its approval authority to the Southeastern Center Area Board as requested by the Area Board Chair. ADOPTED this the 10th day of November, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/10/2008 2-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 CONSENT ITEM: 3 DEPARTMENT: County Attorney PRESENTER(S): Wanda M. Copley, County Attorney, and Jim Morton, Finance Director, Airport Authority CONTACT(S): Wanda M. Copley, County Attorney, and Jim Morton, Finance Director, Airport Authority SUBJECT: Approval of Airport Authority Lease to the U.S. Government for and on Behalf of the Department of Veterans Affairs BRIEF SUMMARY: The U.S. Government, for and on behalf of the VA, desires to lease from the Airport Authority County owned property consisting of approximately 19.061 acres for the purpose of constructing a VA clinic. The Lease will be assigned by the VA to a developer for the exclusive purpose of building the clinic for performing medically related functions on the property for the sole use of the VA or its Assign for a term of twenty years. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Assignable Option to Lease and Assignable Ground Lease. ATTACHMENTS: Option and Lease Legal Discription 1 Legal Discription 2 Site Plan Schedule C Schedule B COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 3-0 New Hanover County Contract #09-0162 WILMINGTON INTERNATIONAL AIRPORT Wilmington, North Carolina ContractlAgreement: Contract Number: Effective Date: Term Total Pages: 29 Page 1 of 29 Board of Commissioners Meeting 11/10/2008 3-1-1 New Hanover County Contract #09-0162 OPTION TO LEASE AND ASSIGNABLE GROUND LEASE WILMINGTON INTERNATIONAL AIRPORT Wilmington, North Carolina INDEX SECTION DESCRIPTION P_ ASSIGNABLE OPTION TO LEASE 4 A Description of Land and Assignable Option to Lease 4 B Option Period 4 C Exercising the Option 5 D Fee Disbursement and Receipt 5 E Due Diligence 5 F Frustration of Purpose 7 G Tenancy Limitations 7 H Right to Enter Subject Property for Purpose of Due 7 Diligence Congressional Members and Delegates May Not Take 7 Personal Interest in Land ASSIGNABLE GROUND LEASE 10 1 Leased Premises 10 2 Term 10 3 Rent 11 4 Assignments to Lending Institutions 12 5 Compliance With Laws 12 6 Obligations of Lessee 14 7 Improvements 15 8 Taxes, Utilities and License Fees 16 9 Maintenance 16 Page 2 of 29 Board of Commissioners Meeting 11/10/2008 3-1-2 New Hanover County Contract #09-0162 10 Damage or Destruction of Premises 17 11 Assignment and Subletting 17 12 Insurance 18 13 Indemnity 18 14 Independent Contractor 18 15 Termination By Lessee 19 16 Termination By Authority 19 17 Notices 20 18 Federal Governmental Requirements 20 19 Miscellaneous Provisions 21 ATTACHMENT A Legal Description 24 ATTACHMENT B Site Survey 26 ATTACHMENT C Site Plan 26 ATTACHMENT D Insurance Requirements 28 ATTACHMENT E Assignment 29 Page 3 of 29 Board of Commissioners Meeting 11/10/2008 3-1-3 New Hanover County Contract #09-0162 STATE OF NORTH CAROLINA ASSIGNABLE OPTION TO LEASE COUNTY OF NEW HANOVER THIS ASSIGNABLE OPTION TO LEASE, is entered into this day of 20 by and between NEW HANOVER COUNTY AIRPORT AUTHORITY, a political subdivision of the State of North Carolina, (hereinafter called "Authority"}; NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, (hereinafter called "Property Owner"); and THE UNITED STATES OF AMERICA, FOR AND ON BEHALF OF THE DEPARTMENT OF VETERANS AFFAIRS and its Assign (hereinafter called "Lessee"); A. Description of Land and Assignable Option to Lease In consideration of a mutually agreed upon sum equal to the appraised value of the land for the purpose of establishing a ground rental, which shall be evidenced in writing upon determination of fair market value, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged and accepted, the Authority and Property Owner hereby grant unto Lessee and its Assign, the exclusive right and option to elect (the "Option"), at any time during the term of the Option, to lease from Authority and Property Owner approximately nineteen and .061 /100 (19.061) developable acres of land for a total ground rental of Eighteen Thousand One Hundred Forty and 891100 Dollars ($18,140.89) per month. The property that is the subject of this Option (the "Leased Premises"} is described in Attachment A -Legal Description and Attachment B -Site Survey, attached hereto. B. Option Period (i) The Initial Option Period. Upon mutual execution of this document, the Lessee shall pay an Option Fee in the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) to Authority, of which amount shall be deducted from future rental payments until the total amount of such option fee is expended. The Option period shall commence following the due diligence period. The Due Diligence Period will end either the One Hundred Twentieth (1201") day following the execution of this document or the date ("Due Diligence Period Expiration") the Authority is notified that the due diligence period has ended per paragraph E(iii). The option will continue in effect for a period of nine (9) months following the conclusion of the Due Diligence Period (the "Initial Option Period Expiration Date"). (ii) First Extended Option Period. The Initial Option Period may be extended (the "Extended Option Period") at the election of the Lessee, or its Assign, for an additional three (3) months from the expiration date of the Initial Option Period, upon the payment by the Lessee, or its Assign, to the Authority of an additional Option Fee in the sum of Twenty-Five Thousand Dollars ($25,000) (the "Extended Option Fee"), which, along with written notice to such effect, must be received by the Authority prior to or on the Initial Option Period Expiration Date. Upon receipt of the Extended Option Fee for the Extended Option Period the money is retained by the Authority and does not apply towards future rental payments. If the Lessee fails to Page 4 of 29 Board of Commissioners Meeting 11/10/2008 3-1-4 New Hanover County Contract #09-0162 Exercise the Option (as such term is defined below), or fails to extend the Initial Option Period, either in accordance with the terms of this Agreement, prior to the expiration of the Initial Option Period, then the Option to Lease granted by this Agreement shall automatically terminate without notice and the Authority shall retain the Option Fee and the First Extended Option Fee. (iii) Second Extended Option Period. The First Extended Option Period may be extended (the "Second Extended Option Period"} at the election of the Lessee, or its Assign, for an additional three (3) months from the expiration date of the First Extended Option Period, upon the payment by the Lessee to the Authority of an additional Option Fee in the sum of Twenty-Five Thousand Dollars ($25,000) which, along with written notice to such effect, must be received by the Authority prior to or on the expiration date of the First Extended Option Period. Upon receipt of the fee for the Second Extended Option Period the money is retained by the Authority and does not apply towards future rental payments. If the Lessee fails to Exercise the Option (as such term is defined below), or fails to extend the First Extended Option Period, in accordance with the terms of this Agreement, prior to the expiration date of the First Extended Option Period, then the Option to Lease granted by this Agreement shall automatically terminate without notice. C. Exercising the Option. The Option may be exercised by the Lessee, or its Assign, by delivering, mailing, or telegraphing a notice to the Authority to such effect, which notice must be received by Authority, at any time on or before its expiration date, as may be extended, pursuant to Subparagraph (B)(ii) and B(iii) above (hereinafter referred to as "Exercising the Option"). D. Fee Disbursement and Receipt The Option Fee and the Extended Option Fee shall be retained by and disbursed to the Authority upon its receipt though only the Option Fee shall be applied to the Option, if not refunded to Lessee during the Due Diligence Period. In the event the Lessee fails to Exercise the Option prior to the expiration of the Initial Option Period or the Extended Option Period, in accordance with the terms of this Agreement, the Option Fee and the Extended Option Fee shall be forfeited to the Authority. E. Due Diligence (i) Contingency Period. Upon execution of this Agreement, the Parties enter into a one hundred twenty (120) calendar day Due Diligence Period, during which the Lessee may deem the Agreement terminated at its sole discretion prior to the Due Diligence Period Expiration pending results of Due Diligence and other inspections. If, prior to the Due Diligence Period Expiration, the Lessee deems the Agreement terminated, based on results from Due Diligence, the Option Fee and any and all other Fees, must be returned in full to the Lessee by Authority no later than thirty (30) days following the termination of the Agreement. Page 5 of 29 Board of Commissioners Meeting 11/10/2008 3-1-5 New Hanover County Contract #09-0162 (ii) Inspections. The Lessee through its employees, agents and representatives, shall enter the subject parcel during the Due Diligence Period, and shall have the right to perform such examinations, tests and investigations as the Lessee reasonably deems prudent. Authority shall provide Lessee reasonable access to the Property. The Lessee may perform drilling, borings or other testing, without Authority's prior written consent. However, Lessee shall give Authority prior notice of said inspections. (iii)Timeframe. The Lessee shall initiate the Due Diligence process, to include all surveys, appraisals and necessary inspections as soon as practicable following the execution of this Agreement. The Lessee shall complete essential Due Diligence within ninety (90) calendar days of the execution of this Agreement. If essential Due Diligence cannot be completed by Lessee within the agreed upon timeframe herein, Authority may render this Agreement terminated and will be obligated to return the Initial Option Fee in full to Lessee no more than thirty (30) business days following Authority's written notice to Lessee terminating the Agreement. If during the ninety (90) day Due Diligence process, inspections disclose any defects concerns or discrepancies, or any other land use, environmental concern or appraisal discrepancy, the Lessee shall notify Authority in writing, no more than fifteen (15) calendar days following its notice of such defect, concern or discrepancy (hereinafter deemed the "Due Diligence Deficiencies"). Such fifteen (15) day period shall also be within the one hundred twenty (120) day Due Diligence Period. In addition, prior to or upon the expiration of such fifteen (15} day notice period to Authority, the Lessee shall deliver to Authority a copy of any title and due diligence reports received by the Lessee, upon the Lessee's approval of such reports. Following Authority's receipt of such Due Diligence Deficiencies, Authority must respond to the Lessee, in writing, within fifteen (15) calendar days and state in its response whether Authorityintends to remedy the deficiencies. If Authority agrees to remedy such deficiencies, such remedies are subject to paragraph F in this Section and Authority shall have thirty (30) calendar days from the date on which the Authority's fifteen (15) day response period expires to make arrangements satisfactory to the Lessee to correct deficiencies to Lessee's satisfaction. If the Authority fails to remedy any deficiencies during such thirty (30) day period, the Lessee shall have fifteen (15) days from date of receipt of Authority notification regarding inability to remedy deficiencies, to affect removal or to terminate this Agreement. If the Lessee opts to terminate this Agreement, the Authority shall return to the Lessee the Initial Option Fee no more than thirty (30) business days following Lessee's written notice to Authority cancelling the Agreement. The Lessee may opt to close the due diligence period on or before the one hundred twentieth (1201") day following the execution of this Agreement provided that no Page 6 of 29 Board of Commissioners Meeting 11/10/2008 3-1-6 New Hanover County Contract #09-0162 further due diligence is required; the due diligence period shall close by sending written notification to Authority. F. Frustration of Purpose If the use of the Property or the construction of a building for clinic and medically-related purposes is prohibited by restrictive covenants or by any law, regulation, or mandate of the state or local government, Lessee can terminate this Agreement. G. Tenancy Limitations The Authority shall not lease or otherwise increase the tenancy of the property upon or following the Lessee's execution of this Agreement until such time that the Authority or Lessee mayterminate this Agreement pursuantto each Parties right to terminate as provided herein. H. Right to Enter Subject Property for Purpose of Due Diligence The agents, employees, representatives or Assign of the Lessee, during the period of this Option shall have the right to enter the said premises for the sole purposes of inspecting the same and conducting due diligence on the site as determined by the Lessee such as make test borings, plans, and topographical surveys in connection with the contemplated use of the Property. The Lessee or its potential Assign at its expense shall promptly restore the Property to its original condition, in accordance with good engineering practices. Such entry, inspection, test borings, and surveys shall not constitute possession of the Property by the Lessee or its potential Assign. I. Congressional Members and Delegates May Not Take Personal Interest in Land No member of or delegate to Congress may be admitted to any part or share of this Option, or to any benefit arising from it. This prohibition does not apply to the extent this Option is with a corporation forthe corporation's general benefit. The Lessee may assign this Option for the exclusive purpose of building a clinic for performing medically-related functions on the Property for the use of the Lessee, which facility must be leased by the Lessee or its Assign for a term of twenty (20) years, unless otherwise provided for herein or in the Assignable Ground Lease agreement. This the day of , 200 Page 7 of 29 Board of Commissioners Meeting 11/10/2008 3-1-7 New Hanover County Contract #09-0162 NEW HANOVER COUNTY AIRPORT AUTHORITY [CORPORATE SEAL] Chairman ATTEST: Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. New Hanover CountyAttorney acting as Attorneyfor New Hanover County Airport Authority. Approved as to form: Airport Finance Director Airport Attorney THE UNITED STATES OF AMERICA, clo THE DEPARTMENT OF VETERANS AFFAIRS Print Name & Title of Contracting Officer Signature of Contracting Officer Name: By: Its: NORTH CAROLINA NEW HANOVER COUNTY I, a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that he is Secretary of the New Hanover County Airport Authority, and that by authority duly given and as the act of the Authority, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by himself as its Chairman. Page 8 of 29 Board of Commissioners Meeting 11/10/2008 3-1-8 New Hanover County Contract #09-0162 2008. WITNESS my hand and official seal, this day of Notary Public My commission expires: STATE OF COUNTY OF I, , a Notary Public of the State and County aforesaid certify that on this day before me this day and acknowledged that (s}he is of the United States of America on behalf of The Department of Veterans Affairs, and that by authority duly give and as the act of the government, the foregoing instrumentwas signed by its day of WITNESS my hand and official seal in the county and state last aforesaid, this 200_. Notary Public My commission expires: Page 9 of 29 Board of Commissioners Meeting 11/10/2008 3-1-9 New Hanover County Contract #09-0162 STATE OF NORTH CAROLINA ASSIGNABLE GROUND LEASE COUNTY OF NEW HANOVER THIS GROUND LEASE, entered into this day of , 20 , by and between NEW HANOVER COUNTY AIRPORT AUTHORITY, a political sub-division of the State of North Carolina, (hereinafter called "Authority"); NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, (hereinafter called "Property Owner"); and THE UNITED STATES OF AMERICA, FOR AND ON BEHALF OF THE DEPARTMENT OF VETERANS AFFAIRS and/or its Assign (hereinafter called "Lessee"); WITNESSETH: WHEREAS Authority operates the Wilmington International Airport, hereinafter called "Airport," pursuant to a lease with New Hanover County, a political subdivision of the State of North Carolina (hereinafter called "County"}, and WHEREAS Lessee desires the privilege of using the Airport and its facilities and rights, with the intention of constructing improvements thereon consisting of an outpatient medical clinic building, parking lot, and other site improvements including, but not limited to, security fencing and Authority is willing to grant the same to Lessee upon the terms and conditions hereinafter stated; NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions contained herein, the parties agree as follows: ~ -LEASED PREMISES 1.1. Leased Premises. Authority hereby accepts from Authority Attachment A attached Premises"). as tenant, hereto and the premises more made a part hereof leases to Lessee, and Lessee hereby particularly described and defined in (hereinafter referred to as the "Leased 1.2 Easements. Authority will grant access to the leased premises over and across Authority's leasehold (considered the set-back} and for the construction of ingress and egress access lanes to the leased premises as shown in their approximate location on the Site Plan. Further, the Authority and the Lessee, or its Assign, agree to enter into a mutually beneficial cross easement agreement when necessary, at no cost to the Lessee or its Assign. 2 -TERM 2.1. Term. The term of this (ground) lease shall commence simultaneously with the lease and rent term commencement of a to-be-constructed building and space on the premises as further evidenced in a to-be-executed lease agreement for the building and space and continue for a period of twenty (20) years unless sooner terminated in accordance with the provisions of this agreement. The commencement for the ground lease shall be executed in writing between the Authority and Lessee. Page 10 of 29 Board of Commissioners Meeting 11/10/2008 3-1-10 New Hanover County Contract #09-0162 Authority acknowledges that Lessee does not have the authority to enter into this agreement beyond the twenty (20) year lease term. However, Lessee intends to assign this ground lease to a party that would not be restricted by the government's statutory restrictions and can enter into an agreement with Authority for a term beyond the initial 20 (twenty) year term. Assignee shall have the right to extend this lease for three (3) consecutive terms of ten (10) year term. Each notice to extend shall be made in writing to the Authority by 5:00 p.m. on the last day of the then current term. The commencement date of each extension term shall be the day following the expiration date of the prior term. In the event the ground rental for a renewal term is not determined prior to the commencement of a new term, Lessee or its Assign shall pay rent during the new term equal the rent of the prior term until such time that the rent for the renewal option is established. If there is a difference in the newly established rent for the renewal term versus any rent paid during the same term until the new rent is established, the applicable party shall receive a rent credit in the amount of the difference. During any extension term, the Lessee or its Assign shall have the right, at Lessee's sole option, to terminate this agreement with thirty (30} days written notice to the Authority. Notwithstanding any other provision in the lease, the Lessee's right to terminate the lease during any extension term shall be without charge to the Lessee. The method of establishing ground rental foreach extension term shall be the following: Fair Market Value. The Fair Market Value for the leased premises shall be determined as follows: in the event the Authority and Lessee or its Assign cannot mutually agree to a rental rate for an extension term, then each party shall select an appraiser, licensed in the State of North Carolina, with MAI, or equivalent, designation, familiar with property values in New Hanover County, North Carolina. The two selected appraisers shall mutually select a third appraiser who shall hold the same qualifications as those held by the two chosen appraisers. The third appraiser shall conduct an appraisal of the land for the purpose of establishing a ground rental, excluding the value of any existing or to-be-constructed improvements to the land. The result shall be considered the Fair Market Value of the land and the ground lease for a ten (10) year leasehold interest. All fees charged by the appraisers shall be borne equally by both parties. The renewal term lease rate shall never be less than the immediate prior lease term rate. 3 -RENT 3.1 Ground Rental. Lessee shall pay to Authority for the premises, without demand or deduction of any nature whatsoever, except as otherwise specifically provided in this lease, the sum of Eighteen Thousand One Hundred Forty and 89/100 Dollars ($18,140.89) per month (equal to $217,690.68 per annum), in arrears (monthly payments will be due on the first of the month commencing on the second month pursuant to the lease and rent term commencement, as defined in "Section 2-Term" herein of this Assignable Ground Lease.) 3.2. Ground Rental Increase. The net annual basic rental shall be increased three and 75/100 per cent (3.75%) each and every year during the twenty (20) year term. The three and 75/100 per cent (3.75%) increase shall be effective on each anniversary of this lease during the term. Page 11 of 29 Board of Commissioners Meeting 11/10/2008 3-1-11 New Hanover County Contract #09-0162 3.3 Additional Ground Rent. The Lessee or its Assign shall pay additional ground rent to Authority for the premises, except as otherwise specifically provided in this lease, the sum of Eighteen Thousand One Hundred Forty and 891100 Dollars ($18,140.89~per month a ual to $217,690.68 er annum , in arrears, commencin the ninet -first 91St da (q p ) g Y ( ) Y following the later of (a} the Lessee's full execution of a lease agreement for the building and space or (b} the date the option is exercised by the Lessee or its Assign, provided that the Lessee or its Assign has closed on construction financing for the Leased Premises. If construction financing has not been obtained by the Lessee or its Assign, the additional ground rent shall commence no later than 30 days following the Lessee or its Assign's receipt of approved building plans (being local governmental permits to commence construction of the Leased Premises). Monthly payments will be due on the first of the month (rent is paid in arrears}. The Lessee or its Assign's payment of Additional Ground Rent will terminate on the day preceding the lease and rent term commencement date of the Assignable Ground Lease as further defined in Section 2 herein. Upon lease and rent term commencement, Section 3.1 "Ground Rent" herein will apply. 3.4. Rent To Be Net to Authority. During the term of this lease, the payment of rent is intended by the parties to yield net annual rent to Authority. Except as otherwise expressly provided in this agreement, all costs, expenses and obligations of every kind and nature whatsoever relating to the demised premises shall be paid by Lessee. 3.5 Late Payments. If Lessee's rent is more than thirty (30) days overdue, Lessee agrees to pay a late charge equal to one and one-half per cent (1.5%) of the amount of monthly rent due. 4 -ASSIGNMENTS TO LENDING INSTITUTIONS 4.1. Assignment of Lease to a Lending Institution. Lessee may Assign this lease, with prior written approval by Authority which approval shall not be unreasonably withheld, to a lending institution as security for the payment of a loan obtained by Lessee to finance the construction of improvements on the leased premises; provided that Lessee may not Assign this lease when Lessee is in default. Upon Lessee's request for an Assignment, the Authority shall have thirty (30} days to approve or respond to the request of Assignment and agrees to pursue diligently the completion of an Assignment in a timely manner. Any Assignments made to lending institutions (hereinafter referred to as "lender Assigns") shall be subject at all times to all the covenants and conditions of this lease and to all the rights and remedies of Authority, and with the understanding that no such Assignment shall be construed to encumber Authority's interest in the leased premises. 4.2. No Encumbrances on Authority's Interest. Lessee understands and agrees that in no event will Authority permit or consent to the encumbering, through deed of trust, mortgage, or otherwise, of Authority's interest in the land leased to Lessee pursuant to this agreement. 5 -COMPLIANCE WITH LAWS 5.1. In General. During the term of this Agreement, Lessee shall at all times fully comply with all applicable statutes, laws, ordinances, orders, rules, regulations and standards, including Environmental Laws, whether now in effect or hereafter enacted, adopted or Page 12 of 29 Board of Commissioners Meeting 11/10/2008 3-1-12 New Hanover County Contract #09-0162 promulgated by the Authority, any Municipal, State or Federal agency, or any other lawful authority having jurisdiction over the Leased Premises, the operation of the Airport, or the business conducted by Lessee at or from the Leased Premises, including, but not limited to, those relating to the safety, cleanliness, occupancy and use of said Leased Premises, to the nature, character and manner of operation of the business conducted in, at or from said Leased Premises, to the conduct of Lessee's subtenants, Assigns, agents and employees while on Airport property, and to protection of the areas surrounding said premises, the Airport and the environs of the Airport from physical damage or degradation, including that which may be due to release of any regulated substance. 5.2 Challenges to Administrative Interpretations. Notwithstanding the provisions of Subparagraph 5.1, Lessee's noncompliance with an administrative interpretation of an Environmental Law shall not constitute a default under this Agreement so long as Lessee diligently challenges the validity or application to Lessee of such administrative interpretation in a judicial or administrative adjudicatory proceeding (which includes any appellate proceedings regarding the original adjudication). Should Lessee prevail in such proceeding, the administrative interpretation so challenged shall not constitute a Law for the purposes of this Agreement. Should the administrative interpretation ultimately be upheld in the adjudicatory proceeding, Lessee shall strictly indemnify the Authority against any losses or claims incurred by the Authority in connection with Lessee's noncompliance with the administrative interpretation. 5.3. Storm Water Management and Permits. Lessee shall comply with all provisions of the storm water permit issued to the Authority by DEHNR or EPA, whether such permit shall have been issued in the Authority's own name or with Lessee as a co-permittee. Lessee shall comply with the provisions of all implementation plans prepared to comply with the permit, including, without limitation, the Storm Water Pollution Prevention Plan, the Storm Water Management Plan, and the Spill Response Plan. Lessee shall not introduce any substance into the storm water discharge system, whether separately or mixed with storm water discharge, except as such introduction is expressly allowed by a proper Storm Water Discharge Permit issued to the Authority, or to the Authority and Lessee as co-permittees. 5.4. Releases. 5.4.1. Notification and Clean Up. In the event Lessee shall release any regulated substance on or from the Leased Premises, Lessee shall (1) comply with all applicable release notification requirements, (2) notify the Authority and all appropriate regulatory agencies of the release within twenty-four (24) hours, and (3) clean and remediate the release including any impacted media adjacent to the site and pursuant to any applicable environmental law to the Authority's satisfaction. 5.4.2. Third Party Releases. In the event Lessee shall discover a third party's release of any regulated substance on or from the Leased Premises, Lessee immediately shall comply with all applicable release notification requirements and notify the Authority and all appropriate regulatory agencies of the release. Lessee shall provide to Authority all pertinent analytical reports relating to third party release of any regulated substance. This Subparagraph 5.4.2 does not limit the parties' rights and obligations to each Page 13 of 29 Board of Commissioners Meeting 11/10/2008 3-1-13 New Hanover County Contract #09-0162 other with respect to third party releases of regulated substances on or from the Leased Premises. Such rights and obligations shall be determined on an incident-specific basis according to the other provisions of this Agreement. 5.5. Authority's Right to Audit Lessee's Compliance. 5.5.1. The Authority reserves the right and privilege to audit Lessee (including, without limitation, the right to enter onto the Leased Premises at reasonable times) to determine Lessee's compliance with the environmental requirements set forth in this Agreement. 5.5.2. Within sixty (60) days of the Authority's request, Lessee shall make available to the Authority for inspection and duplication all non-privileged documents and analyses prepared or generated by Lessee or on Lessee's behalf relating to Lessee's compliance with the environmental requirements of this Agreement. 5.5.3. The Authority's failure at any time to audit Lessee's environmental compliance, or to identify or discuss with Lessee any condition existing on the Leased Premises, shall not waive the Authority's rights, privileges or remedies under this Agreement. No inspection or audit performed by the Authority shall constitute an approval or representation as to Lessee's compliance with this Agreement or with any environmental law. 5.5.4. The Authority reserves the right to be informed of Lessee's actions with respect to environmental compliance matters. 5.6. Correspondence. Lessee shall copy the Authority simultaneously on all correspondence from Lessee to DEHNR or EPA that relates to the Leased Premises. Within thirty (30) days of receipt, Lessee shall forward to the Authority a copy of any correspondence received from DEHNR or EPA that relates to the Leased Premises. Lessee's obligations under this Paragraph 5.6 shall survive the expiration or termination of this Agreement. 5.7. Permits, Response Plans. Lessee shall comply with all environmental permits issued by any public body, and all response plans required by any environmental law, which apply to the Leased Premises or Lessee's activities thereon. 5.8. Taxes and Licenses. Lessee shall pay when due all taxes, license fees, assessments and other charges levied or imposed by any governmental authority upon its property or activities by reason of Lessee's use and occupancy of the Leased Premises. A good faith contest of the validity of any such tax, license fee, assessment or other such charge, made with reasonable promptness, shall not be interpreted as a violation of this covenant until such good faith challenge shall have been abandoned or finally judicially determined. 6 -OBLIGATIONS OF LESSEE 6.1. Listing Not Exclusive. The obligations of Lessee listed in this Section 6 are provided for convenience of reference, and do not in any way exclude, limit or diminish Page 14 of 29 Board of Commissioners Meeting 11/10/2008 3-1-14 New Hanover County Contract #09-0162 responsibilities cited elsewhere in this agreement. Lessee further covenants and agrees to at all times observe, obey and comply fully at its own expense with all laws, ordinances, rules, regulations, and deed restrictions and covenants now in effect and hereafter issued by any State, Federal or other governmental entity having jurisdiction over the leased premises or activities of Lessee. 6.2. Understanding of Certain Ordinances and Agreements. Lessee specifically acknowledges that it has read, and fully understands, all applicable requirements contained in the New Hanover County's Zoning Ordinance, Airport Height Zoning Ordinance, and Airport Rules and Regulations including Architectural Standards/Guidelines at Wilmington International Airport adopted March 2000 as amended Lessee's specific allegation with respect to these ordinances shall not be construed to diminish Lessee's and its Assign's responsibility to comply with all applicable ordinances as stated in subsection 6.1 above. However, it is understood that to the extent a variance or waiver is granted Lessee shall be excused of such compliance. 6.3. Security Re ulations. Lessee and its Assign will comply with all security regulations established by Authority, as required by the Federal Aviation Administration 7 -IMPROVEMENTS 7.1. Construction, Additions and Improvements. Lessee shall have the right, at its sole expense, to construct, to improve, modify and make additions to the facilities leased to Lessee; provided, however, that prior to any construction, improvements or additions to facilities, Lessee must first obtain from Authority the prior written approval of all plans and specifications for any and all designs, construction, improvements or additions, which approval will not be unreasonably withheld. Factors relevant to approval include, but are not limited to: aesthetic interior or exterior appearance and the safety of the Airport. All construction and improvements undertaken by Lessee shall be completed in a competent manner without damage to existing facilities. It is understood that any and all additions will be similar in product and material of the original construction and the Authority shall not unreasonably withhold the approval to do similar construction. It is understood adequate parking for the buildinglfacility will always be available and maintained by the Lessee. Parking of vehicles, trucks or motorized equipment outside designated parking areas will not be allowed except as needed during times of construction for the purposes of convenience for contractors and deliveries provided such are parked on the sides of the road allowing the safe and convenient flow of vehicular traffic. Parking areas on the leasehold are designated and exclusively to be used for the use and benefit of the facility. Parking on the leasehold for commercial airline or general aviation traveling is prohibited. All parking violations can be enforced by the Authority. 7.2. Protection of Utility Lines and Equipment. All work undertaken pursuant to the authority granted in paragraph 7.1 above shall be subject to the condition that Authority make, at its expense, suitable arrangements for relocation of any affected utility lines, cables or other equipment such as, but not limited to, existing overhead telephone lines and underground water lines. Further, Lessee shall not pave roads or ramps over said utility lines, cables or equipment without the prior written approval of Authority. Authority and Lessee, or its Assign, will mutually agree to the location of such utilities, cables or other equipment and the Page 15 of 29 Board of Commissioners Meeting 11/10/2008 3-1-15 New Hanover County Contract #09-0162 relocation shall be completed in a timely manner and without negatively impacting the Lessee or its Assign's abilitytodesign, permit and construct on the site. 7.3. Title to Improvements, Alterations and Repairs. Subject to the rights of the holder of any secured interest in the leasehold estate to assume this lease, all improvements made to Assigned areas and all additions and alterations thereto made upon said area by Lessee, shall upon expiration or termination of this agreement as set forth in Sections 15 and 16, become the property of Authority. 8 -TAXES, UTILITIES AND LICENSE FEES 8.1. Taxes, Licenses and Other Char ec,~s. Lessee or its Assign, if not a tax exempt entity, shall be solely responsible for payment of all taxes, licenses and other charges levied or imposed upon the rights, leasehold interest or other property of Lessee. The Authority shall not impose any special assessments or development charges on the subject leasehold. 8.2. Utilities. Lessee shall be solely responsible for payment of water and sewer services, gas, trash removal, heat, electricity, and telephone services. Authority shall bear the cost of extending any utilities to the leased premises, or modifying such services to address the specific requirements of Lessee provided, however, that the tie-in locations of utilities such as water, sewer, electric, gas and telecommunication service are located within one hundred (100) feet of the property line. Otherwise, the Authority will be responsible to extend the utilities to within one hundred (100} feet of the property line. 8.3 Sewer Capacity. Authority shall be reimbursed by Lessee, or its Assign, for any expense paid to the Cape Fear Public Utility Authority, to include but not limited to fees paid for reservation of sewer capacityforthe project. 9 -MAINTENANCE 9.1. General. Lessee covenants that it shall faithfully and fully maintain all improvements constructed on the leased premises, at its sole cost and expense, during the entire term of this Agreement or any extension thereof. Lessee or its Assign agree that it shall, during the term or any extension of this Agreement, maintain and keep the leased premises in a safe, workable, clean and sanitary condition, in good repair and free from obstructions. Lessee or its Assign further understand and agree that Authority, by the exercise of reasonable discretion, shall be the sole judge of the quality of maintenance and that, upon written notice by Authority to Lessee, Lessee or its Assign will be required to perform whatever reasonable maintenance Authority deems necessary. The Lessee or its Assign must undertake corrective action within forty-five (45) days after receipt of the written notice. Authority shall have the right to enter onto the demised premises and perform necessary maintenance, the cost of which shall be borne by the Lessee or its Assign. In the event time is of the essence for public health and safety, the Lessee or its Assign shall undertake corrective action within ten (10) days after receipt of the written notice. Otherwise, Authority shall have the right to enter onto the demised premises and perform necessary maintenance, the cost of which shall be borne by the Lessee or its Assign. Page 16 of 29 Board of Commissioners Meeting 11/10/2008 3-1-16 New Hanover County Contract #09-0162 9.2. Land. Lessee or its Assign agree to maintain and keep the leased premises mowed, treeslbushes trimmed, neatly landscaped, and free and clear of all trash and debris. 9.3. Refuse. Lessee agrees to furnish covered metal containers in an area out of public view for refuse and to remove all refuse from the leased property at such intervals as necessary to avoid an unsightly appearance. 10 - DAMAGE OR DESTRUCTION OF PREMISES 10.1. Buildings or Structures Built by Lessee. If any building or structure, built by Lessee is damaged and in Lessee's sole reasonable judgment can be restored to its prior condition within a reasonable time, then Lessee shall restore the same with reasonable promptness. In this case, Lessee shall be entitled to receive and apply the proceeds of any insurance covering such loss, and any excess of proceeds shall belong to Lessee. However, if Lessee determines in its sole judgment that damages to the leased premises are uneconomical to restore, Lessee may cancel this agreement pursuant to Section 15.1(c). In such latter case, the proceeds of insurance, if any, shall be apportioned between Authority and Lessee, with Authority receiving the same proportion of such proceeds as the then-expired portion of the agreement term bears to the full term hereby granted, and Lessee receiving the balance thereof. 11 -ASSIGNMENT AND SUBLETTING 11.1. In General. Lessee shall not Assign, transfer, mortgage or otherwise encumber this lease or any interest of Lessee therein, in whole or in part, nor sublet the whole or any part of the demised premises or permit the demised premises or any part thereof to be used or occupied by others, without first obtaining in each instance the prior written consent of Authority, which consent shall not be unreasonably withheld. Any consent by Authority to any Assignment or subletting shall be held to apply only to the specific transaction thereby authorized and shall not constitute a waiver of the necessity for such consent to any subsequent Assignment or subletting. If this lease or any interest therein be Assigned or if the demised premises or any part thereof be sublet or occupied by anyone other than Lessee without the Authority's prior written consent having been obtained thereto, Authority may nevertheless collect rent from the occupant and apply the rent amount collected to the rents therein reserved, but no such collection shall be deemed a waiver of this covenant against Assignment or constitute a release of Lessee from the further performance by Lessee of the terms and provisions of this lease. If this lease or any interest of Lessee therein be Assigned or if the whole or any part of the demised premises be sublet, after having obtained Authority's prior written consent thereto, Lessee or its Assign shall be released of the full performance of all obligations under this lease to be performed by Lessee or its Assign. Lessee shall occupy the leased premises and to-be-constructed improvements as an outpatient medical clinic throughout the term of the ground lease. However, Lessee or its Assign, have the right to change the occupancy of the demised (building and space) and/or leased premises to another lawful use other than an outpatient medical clinic, with prior written approval of Authority which consent shall not be unreasonably withheld. The Authority must Page 17 of 29 Board of Commissioners Meeting 11/10/2008 3-1-17 New Hanover County Contract #09-0162 respond in writing to Lessee or its Assign within thirty (30) days following Lessee's written request to change the use of the premises and/or Assign. ~ 2 -INSURANCE ~In the event the Lessee is the U.S. Government, this section shall not apply.) 12.1. Insurance Coverages. Lessee or its Assign shall procure and maintain in full force and effect at all times and at its sole expense the insurance coverages listed in Attachment B attached hereto and made a part hereof, and shall provide Authority with certificates of insurance evidencing the required coverages. 12.2. Cancellation of Coverage. Each of the insurance policies and certificates required herein, except for workers' compensation, shall show the Authority and any lender Assignees as named insureds, and shall bear the following provision: This policy cannot be canceled, reduced in amount, or coverage limited in less than thirty (30) days after mailing written notice to the insured and Authority of such alteration or cancellation sent by certified mail. 13 -INDEMNITY (In the event the U.S. Government is the Lessee, refer to Section 19 -Miscellaneous Provisions herein.) 13.1. Lessee or its Assign shall indemnify, to the extent permitted by law, Authority and New Hanover County, its officials, agents, and employees harmless from and against any and all loss, cost (including attorneys, fees), damages, expense and liability (including statutory liability and liability under workmen's compensation laws) in connection with claims for damages as a result of injury or death of any person or property damage to any property arising from any act, errors, omissions, or negligence of the Lessee or its Assign, or any of its agents, contractors, servants, employees, invitees or licensees. 13.2 Authority shall indemnify, to the extent permitted by law, Lessee or its Assign, their officials, agents, and employees harmless from and against any and all loss, cost (including attorneys, fees), damages, expense and liability (including statutory liability and liability under workmen's compensation laws} in connection with claims for damages as a result of injury or death of any person or property damage to any property arising from any act, errors, omissions, or negligence of Authority, or any of its agents, contractors, servants, employees, invitees or licensees. ~4 -INDEPENDENT CONTRACTOR 14.1. Lessee is as an independent contractor and not as an agent of the Authority. The selection, retention, Assignment, direction, and payment of Lessee's employees shall be Lessee's sole responsibility, and Authority shall not attempt to exercise any control over the daily performance of duties by Lessee's orAssign's employees. Page 18 of 29 Board of Commissioners Meeting 11/10/2008 3-1-18 New Hanover County Contract #09-0162 15 -TERMINATION BY LESSEE 15.1. Lessee or its Assign may cancel this agreement and terminate all or any of its obligations hereunder, at any time that Lessee or its Assign are not in default in the payment of any rentals, fees, or charges to Authority, by giving written notice to Authority upon or afterthe happening of any of the following events: (a) The substantial restriction of, or interference with, Lessee's or its Assign's use of the leased premises for a period in excess of ninety (90) days; provided that such restriction or interference is not due to any fault of Lessee; (b) The default by Authority in the performance of any term or terms of this agreement and the failure of Authority to initiate corrective action of such default within a period of forty-five (45) days after the receipt from Lessee or its Assign of written notice to remedy the same. In the event time is of the essence for public health and safety, the Authority shall undertake corrective action within ten (10) days after receipt of the written notice from Lessee or its Assign; otherwise, Lessee or its Assign shall have the right to remedy the same, the cost of which shall be borne by the Authority. (c) The damage to buildings or structures built by Lessee or its Assign which, in Lessee's sole reasonable judgments, is uneconomical to restore. Insurance proceeds shall be distributed as provided in Section 10.1. 16 -TERMINATION BY AUTHORITY 16.1. Default. The failure by Lessee or its Assign to perform any term or terms of this agreement and the failure of Lessee or its Assign to remedy such default within a period of forty-five (45) days after receipt from Authority of written notice to remedy the default. 16.2. Waiver. No waiver by Authority of default by Lessee or its Assign in performance of any term or terms of this agreement shall be construed to be a waiver of any subsequent default. The acceptance of rental or the performance of all or any part of this Lease Agreement by Authority, for or during any period or periods after a default in performance by Lessee or its Assign, shall not be deemed a waiver of any right on the part of Authority to declare a default or terminate this Lease Agreement for a subsequent breach thereof. 16.3. Effect of Default. Upon the occurrence of any event of default that is not cured as defined in Subsection 16.1 above, Authority may, at its option and to the extent permitted by law: (1) terminate this Lease Agreement, or (2) terminate Lessee or its Assign's right to possession and occupancy of the leased premises without terminating this Agreement. Provided however, that Lessee or its Assign shall have a period of forty-five (45) days after delivery of "NOTICE OF DEFAULT" in which to cure the default prior to any termination by Authority. Page 19 of 29 Board of Commissioners Meeting 11/10/2008 3-1-19 New Hanover County Contract #09-0162 16.4. Termination of A reement. In the event Authority shall terminate this agreement or Lessee's or its Assign's right to possession or occupancy of the leased premises as provided herein, Lessee shall promptly vacate the premises, surrender and deliver possession thereof to Authority, and at its sole expense remove from the leased premises within ninety (90) days all signs, trade fixtures, furnishings, personal property, equipment, and materials which Lessee was permitted to install and maintain under the rights granted herein. Any of Lessee's or its Assign's property not removed within ninety (90) days shall become Authority property. Lessee or its Assign shall not be required to remove any structures constructed or permanently placed on the lease premises or in the interior improvements of any structures, in the event of the Authority's termination for whatever cause of this ground lease agreement. However, if this ground lease is terminated for whatever cause, the occupant of the premises may, at its sole discretion, remove any and all personal property including furniture, fixtures and equipment from the leased premises and shall not be denied access to the premises to remove such. 17 -NOTICES 17.1. Forms of Notice. All notices, consents and approvals required or authorized by this agreement and lease to be given by or on behalf of either party to the other, shall be in writing and signed by a duly designated representative of the party by or on whose behalf they are given, and shall be deemed given at the time a registered or certified letter properly addressed, postage prepaid, is deposited in any United States Post Office. 17.2. Notice to Authority. Notice to Authority shall be addressed to it and delivered at the office of the Airport Director, New Hanover County Airport Authority, Wilmington International Airport, 1740 Airport Boulevard, Suite 12, Wilmington, North Carolina 28405, either by hand or certified mail, postage prepaid, or at such other office as it may hereafter designate by notice to Lessee in writing. Lessee shall give Authority the Assign's authorized agent's name and its address upon execution of the Assignment. 17.3. Notice to Lessee. Notice to Lessee shall be addressed, to its and delivered at the office of Lessee located at either by hand or registered or certified mail, postage prepaid, or at such other office in the continental United States as it may hereafter designate by notice to Authority in writing. ~ 8 -FEDERAL GOVERNMENTAL REQUIREMENTS 18.1. Federal Agency Agreements. Authority hereby advises Lessee that it has entered into various agreements with the United States Government in respect of a return of said Airport to its control after use by Federal Authorities during World War II. Authority further represents that since that time it has entered, and it intends from time to time hereafter to enter, into additional agreements with Governmental agencies with respect to applications for funds for improvements to be made at said Airport, as required by pertinent statutes, rules and regulations of respective and duly constituted, competent governmental authority having Page 20 of 29 Board of Commissioners Meeting 11/10/2008 3-1-20 New Hanover County Contract #09-0162 jurisdiction thereof. This lease is expressly made subject to all of said agreements now existing or hereafter made. Authority also reserves the rights to: (1) further develop and improve the Airport as it sees fit, and (2) to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent the Lessee or its Assign from erecting, or permitting to be erected, any building or other structure on the Airport which, as mandated by law, would limit the usefulness of the Airport or constitute a hazard to Airport. 19 -MISCELLANEOUS PROVISIONS 19.1 In the event the Lessee is the US Government, the Government shall be governed exclusively by the Contract Disputes Act of 1978, 41 USC 601-613, Anti-deficiency Act, 31 USC 1341, and the Federal Tort Claims Act, 28 USC 2671 et seq. 19.2. Entire A reement. This agreement constitutes the entire understanding between the parties and supersedes all prior and independent agreements between the parties covering the subject matter hereof and the leased premises. Any change or modification of this lease agreement must be in writing signed by both parties. 19.3. Severability. In the event any provisions hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the remaining provisions shall continue in full force and effect as nearly as possible in accordance with the original intent of the parties. 19.4. Prior Agreements. This agreement supersedes all prior agreements between the parties respecting the subject matter of this agreement, both written and unwritten, and constitutes the entire agreement between the parties as of the date hereof. Any provisions of prior agreements which conflict in any manner with the provisions of this agreement are hereby specifically declared void and of no effect. 19.5 Headin s. The headings used in this agreement are intended for convenience of reference only and do not define, expand, or limit the scope or meaning of any provision of this agreement. 19.6. Governing This Assignable Ground Lease shall be governed by and enforced in accordance with the laws of the State of North Carolina, provided it is not in conflict with any provision of Federal law and, further, if litigation ensues and the Government is a party, the Venue to any such litigation shall be in Federal District Court, North Carolina Eastern District. 19.7. Inspection. Authorized representatives of the Authority may enter upon the Leased Premises at reasonable times for the purpose of making inspections of said Leased Premises, in operating the Airport. 19.8. Approval of Sig~ The number, size, type, design and location of all signs displayed or maintained by Lessee in view of the general public shall be subject to review by Page 21 of 29 Board of Commissioners Meeting 11/10/2008 3-1-21 New Hanover County Contract #09-0162 and the prior written approval of the Airport Director, which approval shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers in duplicate originals, one of which is retained by each of the parties, this the day and year first above written. NEW HANOVER COUNTY AIRPORT AUTHORITY [CORPORATE SEAL] Chairman ATTEST: Secretary This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Airport Finance Director New Hanover CountyAttorney acting as Attorneyfor New Hanover County Airport Authority. Approved as to form: Airport Attorney NEW HANOVER COUNTY [SEAL] Chairman ATTEST: Clerk to the Board THE UNITED STATES OF AMERICA, clo THE DEPARTMENT OF VETERANS AFFAIRS Print Name & Title of Contracting Officer Signature of Contracting Officer Name: Page 22 of 29 Board of Commissioners Meeting 11/10/2008 3-1-22 New Hanover County Contract #09-0162 By: NORTH CAROLINA NEW HANOVER COUNTY Its: I, , a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that he is Secretary of the New Hanover County Airport Authority, and that by authority duly given and as the act of the Authority, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by himself as its Chairman. WITNESS my hand and official seal, this day of , 2008. Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that Sheila L. Schult personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by herself as its Clerk. WITNESS my hand and official seal, this day of , 2008. Notary Public My commission expires: STATE OF COUNTY OF I, , a Notary Public of the State and County aforesaid certify that on this day before me this day and acknowledged that (s)he is of the United States of America on behalf of The Department of Veterans Affairs, and that by authority duly give and as the act of the government, the foregoing instrument was signed by its 200 WITNESS my hand and official seal in the county and state last aforesaid, this day of Notary Public My commission expires: Page 23 of 29 Board of Commissioners Meeting 11/10/2008 3-1-23 New Hanover County Contract #09-0162 LEGAL DESCRIPTION (2 Pages) Page 24 of 29 Board of Commissioners Meeting 11/10/2008 3-1-24 New Hanover County Contract #09-0162 Page 25 of 29 Board of Commissioners Meeting 11/10/2008 3-1-25 New Hanover County Contract #09-0162 ATTACHMENT B SITE SURVEY ATTACHMENT C Page 26 of 29 Board of Commissioners Meeting 11/10/2008 3-1-26 New Hanover County Contract #09-0162 SITE PLAN ATTACHMENT D Page 27 of 29 Board of Commissioners Meeting 11/10/2008 3-1-27 New Hanover County Contract #09-0162 INSURANCE REQUIREMENTS Lessee shall maintain the following insurance coverage: 1. Property Insurance. Lessee shall maintain all risk coverage written within limits not less than 100% of the replacement value of all improvements and structures owned or constructed by Lessee. 2. Comprehensive General Liability Insurance. Lessee shall maintain Comprehensive General Liability Insurance, including coverage for Independent Contractor Operations and Contractual Liability assumed by Lessee pursuant to Section 12 of this Lease, with minimum combined liability limits, per single occurrence, in the amounts of $2,000,000 bodily injury/property damage. 3. Worker's Compensation. Lessee shall maintain worker's compensation and employer's liability insurance in compliance with statutory requirements, including other states' endorsement. Authority reserves the right to revise the minimum amounts and/or types of insurance coverage stated herein, as reasonably justified to Lessee or its Assign. Page 28 of 29 Board of Commissioners Meeting 11/10/2008 3-1-28 New Hanover County Contract #09-0162 ATTACHMENT E ASSIGNMENT FOR VALUE received and in order that , herein called Assign, may construct on the above land a building and related site improvements as required by the Government. THE UNITED STATES OF AMERICA, for and in behalf of THE DEPARTMENT OF VETERANS AFFAIRS, acting through the undersigned, does hereby Assign, set over and transfer to said Assignee all rights, title, and interest of THE UNITED STATES OF AMERICA, for and on behalf of THE DEPARTMENT OF VETERANS AFFAIRS in and under this Option to Lease. Assign must notify Authority of his election to lease the land as required within with a copy of said notice being furnished to the undersigned Contracting Officer. THE UNITED STATES OF AMERICA, clo THE DEPARTMENT OF VETERANS AFFAIRS Print Name & Title of Contracting Officer Signature of Contracting Officer Name: By: Its: Its: Date: STATE OF COUNTY OF I, , a Notary Public of the State and County aforesaid certify that on this day before me this day and acknowledged that (s}he is of the United States of America on behalf of The Department of Veterans Affairs, and that by authority duly give and as the act of the government, the foregoing instrumentwas signed by its day of WITNESS my hand and official seal in the county and state last aforesaid, this 200_. Notary Public My commission expires: Page 29 of 29 Board of Commissioners Meeting 11/10/2008 3-1-29 Patrick C. Bristow, PLS 5653 B-1 Carolina Beach Road Wilmington, NC X8412 '~ ~~ ,y '' ~~ ~ s~~~ .~ L-~t4~ r ~ ~ F w '~ • ~ ~ ~ r ~ ~ s i ~ I ~ / •` ,r~~~~~~N + 11~~~~iM ~ ~.~ `~ ~~1 ~1! Legal Description far the New Hanover County Airport Authority A tract of land located in Cape Fear Township, New Hanauer County, North Carolina, being more particularly described as follows. beginning at a set iron pipe in the northern margin of Airport Boulevard, said Iran pipe being located South 89 degrees 18 minutes 1~. seconds West 233.45 feet and North 00 degrees 41 minutes 48 seconds West 100.00 Beet from a railroad spike marking the physical intersection of the centerline of the outbound ~westbound~ lanes of Airport Boulevard and the centerline of Gardner Drive, thence from said beginning point so located and parallel with the centerline of Airport Boulevard and 1 +~~ feet Werth of same following a curve to the left ar Southwest, said curve having a radius of 1,150.00 feet to a set iron pipe located South 78 degrees 06 minutes 25 seconds West a chard distance of 446.59 feet from the preceding paint, thence leaving Airport Boulevard North Ol degrees 56 minutes 25 seconds West 228.57 feet to a found railroad spike, thence North 01 degrees 46 minutes 11 seconds West ~ 1.04 feet to a found granite stare inscribed with the letters "TCH"~, thence North Ol degrees 44 minutes 00 seconds West. 330,19 feet to a found concrete monument, thence North 79 degrees 23 minutes 46 seconds West 462.07 feet to an existing iron pipe in the eastern right of way line of the C.S.Q. Railroad (130 fact private right of way}, thence with said right of way North 27 degrees 12 minutes 00 seconds East 435.69 feet to the intersection of said eastern railroad right of way and the southern line of a packet of "404' wetlands, said wetlands hawing been delineated and mapped in 'larch 2005 by McR.im Creed fir Talbert Bright, said delineation and mapping hawing been reviewed and accepted by the U.S. Army Corps of Engineers and assigned Action ID # 200500605, thence with the boundary of said wetland parcel the fallowing courses and distances: South 66 degrees 5 8 minutes 02 seconds East ~ 1.40 feet, South 24 degrees 54 minutes 2b seconds East 53.55 feet, South 36 degrees 40 minutes 41 seconds East 31.87 feet, South 72 degrees 02 minutes 30 seconds East 37.14 feet, South 12 degrees 05 minutes 31 seconds East 45.76 feet, South 74 degrees 39 minutes 31 seconds East 33.52. feet, South 05 degrees 14 minutes 59 seconds East 17.16 feet, South 25 degrees 15 minutes 10 seconds east 9.88 feet, South 41 degrees 11 minutes OS seconds East 19.87 feet, South 71 degrees 03 minutes 39 seconds East 21.16 feet, Noah 89 degrees 08 minutes 46 seconds East 15.68 Board of Commissioners Meeting 11/10/2008 3-2-1 feet, North ~~ der+ee~ ~ 7 minutes ~ seconds west 14. "~ feet, North ~ de,~rrees ~ Lutes ~' seconds fast 1~.~~, North ~`~ degrees r~in~tes 5o seconds East 3.0~ fact, North ~ ~~~ ~ minutes ~`b seconds west ~~~.~~ fact, North ~ .~ minutes seconds west 7. ~ ~ North ~ d~erees ~ minutes ~ seconds East l .~'~' feet, North 5 ~ ~ minutes ~~~~ guest , ~ feet, North ~ ~ der~ees l minutes ~~' seconds west .~$ feet, North degrees ~~ minutes ~ seconds west ~.1~ feet, North derr-ees ~ ~ minutes seconds west ~ ~7 feet, North ~ degrees minutes seconds west 4,4 feet, North. 4 d~erees l ~ minutes 1 seconds west 3 feet, North 7 degrees 4 minutes o7 seconds west 5~. l`eet and North ~ degrees minutes of seconds west 7.19 feet to ~ point 1n the pastern rrht of wad line of the ~'. .. railroad, thence with said ri,~ht of way ~~~~ North ~ d~erees ~ ~ minutes ~~ seconds .fast ~~7 feet to an existing iron pipes thence le~~n the railroad right of wad line youth degrees 1 minutes l l seconds East {passim over inline concrete monuments at o, feet and ~~ ~ .2~ feet ~~'.~ feet to set iron pipe in the western lire ~~ ~ area leased to dell 'South ~formerly~ southern ~ell~}thence with the western lure of said lease area youth degrees ~ minutes l~O seconds west 11~.~~ feet to an existing concrete rnonurnent, thence with the southern line of said lease area and an extension off` same South 1 degrees o minutes 4? seconds fast ~passin over an inline concrete monument at ~'.~ feet ~ 17 feet to ~ set iron pipe in the western margin of ardn~er I~ri~e, thence parallel with the centerline of {garner I~r~ve and ~ feet west of same following ~. curve to the 1e or southeast, said curve having a radius of ~;.~ feet to set iron pipe located youth l o degrees ~~ minutes seconds west chord distance of 1 ~.~ feet frog the preceding point, thence continuing parallel with the centerline of ardner~ I~r-ve and feet west of same South. ~~ degrees 4 minutes 4 seconds fast 5~~,+~ fact to set iron. pipe, thence following ~ curve to the west., said. curve having radius of5.o~ feet to set iron pipe located South ~~ degrees 1 minutes ~ seconds west chord distance of . feet from the preceding point, said set iron pipe being l~OO,oo feet north ofthe centerline of the outbound ~westhound~ lanes of airport Boulevard thence parallel with and l o~.oo feet north of the centerline of the outbound westl~ound~ lines of airport Boulevard South ~ degrees 1 minutes l ~ seconds west 1 ~.o feet to the point of beginning containing ~ ~ 14 s~quar~e feet ~ 1 ~.~ 1 acres}. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 CONSENT ITEM: 4 DEPARTMENT: Emergency Management PRESENTER(S): Warren Lee CONTACT(S): Warren Lee SUBJECT: Approval of Designation of Applicant's Agent for Tropical Storm Hanna (FEMA 1801 DR NC) Public Assistance Programs BRIEF SUMMARY: New Hanover County has been included as an add-on to the Presidential Disaster Declaration for Tropical Storm Hanna, making New Hanover County and the local governments and eligible private non-profit organizations eligible for all federal and state Public Assistance disaster recovery programs made available under the Declaration. New Hanover County must appoint an "Applicant's Agent" to execute and file applications for federal and/or state assistance on its behalf. I respectfully request that you approve the attached resolution designating Warren Lee, Emergency Management Director, as the Applicant's Agent for this process. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Designation of Applicant's Agent resolution, as submitted. ATTACHMENTS: TS Hanna Applicant's Agent Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 4-0 RES~L~J'TI~N DES~GNAT~~N ~F APPL~~ANT'S AGENT North Caral~na Division of Emer~enc Manaaernent . Organization Name ( ereafter named Or anization) - Disaster Number: Applicant's State Oognizant Agency far Single Audit purposes ~If Cognizant Agency is not assigned, please indicate); - Applicant's Fiscal Year ~FY} Start . . Month: ~ ~~'` Da Applicant's Federal Ernplayer`s identification Nttmber ~ . ~~ r oo ~ ~ ~~ Applicant's Federal Information Processing Standards (PIPS) Number ~~~ ~~ PRIMARY AGENT ~ SECONDARY AGENT Agent's Name A ent s Name w~~~~ ~~ g ~Q~ A,~~~ ~~~ g o~ tau ~V[~2. G~tot-tidT`l Or anization g L~itl ~~~~L~ rV Official Position F~viq~~~Y M~~tt~ivT C~~~ez~~Z Offic'al Position sS~srq~'~ e~N~'y ~G~~72. Ivlailing Address ~~o ~DV~~N~ c~~1~c~ ,D~2~ ~~~~~ Mailing ddress ~~~ ~vMC~r ~ D~ City ,State, Zip le~t.erc1 r~~ ~G '1.~ ~~ City ,State; Zip I U~I~eIQ~~ ~lC~ '2~~0 3 Daytime Telephone R~ - ?~ ~> ~R c ~ Daytime Telephone Ito -798 ~ 7~ 77 Facsimile Number ~:~- ~7~~- ~ (~ a~ Facsimile Number ~ ~o -79~~ ~ ~2~ ~ Pager or.Cellular Number ~ Ql0 ~ Z?9 - S,d/ ~ Pager or Cellular Number BE rT RESOLVED BY the governing, body of the ~rgani~ation ~a public entity duly organized under the laws~of the Stite of Noril~ Carolina) . that the above-named Primary and 5ecoadary Agents are hereby authorized to execute and file appGcatians for federal and/or statz assistance on behalf of the prgaaization for the ptirpcne of abtaitung certain state and federal financial assistance under the Robot T. Stafford Disaster Relief & Emergency Assistance Act, tPublic Law 93-Z88 as amended} yr as otherwise available: BE rT FURTHER RESOLVED that the above-named agents are avthari~ed to rxprescnt and act far the Drganixatian in all dealings with the State flf North Carolina and the Fetlera~ Emergency Management Agency for all matters pertaining to sack disaster assistance re~trired by the grant agfeemcnts and the assurances printed on the reverse side ha~eof. BE lT FlNAL1.Y RESOLVED THAT tltcabove-named agents are authorized tv act severally.PASSED AND ,- t^~nnnt ran .~..~ ~i~v of 7~ GOVERNING BQDY GERTIFYiNG GFFI~tAL Name and Title ~ Name ~ . Name and Title ~ ~ Official Position . Name and Title ~ Daytime. Telephone CERTLFICATIQN Z, ~ , tName} duly appointed and ~ ~~'I'itie} of the Governing Bady, do hereby certify that the above is a true and correct copy of a resolution passed and - - approved~by the Governing Body of ~ (Grganizatian} an the day of 20~-. Date: ~ Signature: 11/10/2008 4-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 CONSENT ITEM: 5 DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall, Fire Chief CONTACT(S): Donnie Hall SUBJECT: Approval of Automatic Aid Agreement between New Hanover County Fire Services and the Town of Carolina Beach Fire Department BRIEF SUMMARY: For many years, a long standing Mutual Aid Agreement has existed between New Hanover County Fire Services and the Town of Carolina Beach Fire Department. In attempts to streamline emergency incident responses an Automatic Aid Agreement has been developed. The Automatic Aid Agreement affords the fire service the ability to specify unit responses for particular incidents. When a Mutual Aid Agreement is in place a unit is dispatched to the scene of an emergency and upon arrival may call for more help if needed. When an Automatic Aid Agreement is in place multiple units are dispatched simultaneously to enable a quicker response and more apparatus and crew on the scene in a more timely manner thus providing a better service delivery to the community. This Automatic Aid Agreement was recommended by the New Hanover County Fire Commission at the October meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of the Automatic Aid Agreement between New Hanover County Fire Services and the Town of Carolina Beach Fire Department. ATTACHMENTS: Automatic Aid Agreement COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 5-0 AUTOMATIC AID AGREEMENT FOR FIRE PROTECTION ~~~ This agreement made and entered into this /~ day of ~ teM~ between the New Hanover County Fire Services in New Hanover County, North Carolina and the Town of Carolina Beach Fire Department, in New Hanover County, North Carolina. THAT, WHEREAS, the General Assembly of North Carolina did enact into law an act to authorize automatic aid assistance between fire departments whereby full authority may be exercised by fire departments to send firemen and apparatus beyond the territorial limits which they normally serve, said act having been codified as Chapter 58, Section 83-1, of the General Statutes of North Carolina; WEREAS, the county has written automatic aid protocols which is maintained and utilized by the New Hanover County Communications Center and is utilized on all structure fires whereby they simultaneously dispatch the automatic aid departments; WHERES, the purpose of this agreement is to provide each of the parties hereto, through their mutual cooperation, apre-determined plan; as agreed upon between the fire chiefs and established in dispatch protocols, by which each of them renders aid to the other in case of an incident; WHEREAS, it is deemed to be in the public interest for the parties hereto to enter into an Agreement for automatic aid assistance, and in order to increase fire defenses and to assure proper fire control, as well as providing reserves needed to assure the community of adequate protection; NOW THEREFORE, in consideration of the mutual covenants contained herein by and between the parties hereto, it is hereby agreed as follows: 1. To activate the terms of this agreement as herein set forth, due to conflagration, holocaust, civil disorder or natural disaster, upon notification that an emergency does, in fact, exist and that aid is needed. The County will dispatch available apparatus equipment and manpower into action to assist the needed party. Board of Commissioners Meeting 11/10/2008 5-1-1 2. Is shall be the responsibility of the officer of the fire department of the responding party that all personnel responding to the request for assistance are responsible persons and that the conduct and actions of said personnel shall be the responsibility of the party sending assistance. 3. The party responding to the automatic aid under the terms of this agreement shall assume all liability and responsibility for damage to its own apparatus and/or equipment, The party responding shall also assume all liability and responsibility for any damage caused by its own apparatus while responding to or retuning from a specific location. 4. Each party to this agreement shall assume all cost of salaries, wages, bonuses or other compensation for its own personnel that responds for duty under the terms of this agreement and shall also assume all cost involving the use of apparatus, equipment, tools used specifically in response to the request for aid and shall make no charge for such use to the party requesting assistance. 5. Either party may, at any time, terminate this agreement, through its Board of Directors, ar Town Council, and upon the serving of athirty-day written notice to the other party. 6. When fire department personnel respond to the agreement, the jurisdiction, authority, rights, privileges, and immunities including coverage under workers compensation laws shall be extended to department personnel during the entire incident until completion. 7. When any party contained in this agreement is providing automatic aid to another party, it is agreed to respond with a minimum of one piece of fire apparatus capable of carrying a minimum of Sd0 gallons of water. Board of Commissioners Meeting 11/10/2008 5-1-2 WHEREAS, by action of the undersigned officials, this agreement for reciprocal automatic aid assistance was duly authorized; ATTEST: New Hanover County Fire Services By: Chair. New Hanover Courts Commissioners Date By: -~, ~ _ .w. r County Manager, New Hanov~ County Date By: Fire Chief, New Hanover County Date ATTEST: Town of Carolina Beach Fire Department By: May o n of Carol' a Beach By: ~. Tbwn IU(~ger wn of Carolina Beach B. /'U-f~ ire Chief, Town of Carolina Beach Date ~//2/~r Date ~ Iz 6 Dat~ SEAL ``ae~ ~•~•o9~aa~~a,~~~~. Y ~~o ~~~jt o ~,' • ~ ~ 0 ~ A ~~~ ;~,~ :C~• a ~ ~ ~ 4 a ~ ~ , ~~ ~ ~ ~ d~~i1°~ CA ~d~~''a t'~~~ f gi ~41~~ SEAL Board of Commissioners Meeting 11/10/2008 5-1-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 CONSENT ITEM: 6 DEPARTMENT: Health PRESENTER(S): Kim Roane, Support Services Manager CONTACT(S): Kim Roane SUBJECT: Approval of Budget Amendment for Acceptance of Award from GlaxoSmithKline BRIEF SUMMARY: The New Hanover County Health Department has received notification of our selection to receive the 2008 GlaxoSmithKline Child Health Recognition Award in the Local Health Department category. This award includes a monetary grant in the amount of $5,000 to be used for special projects, staff development or educational materials. Plans for use of these funds include payment of professional services for medical, mental health, or optometry (including glasses) services for children who are uninsured and low income upon referrals from school nurses, school mental health counselors or the community; supplies and educational materials for health events, and transportation (bus or taxi) to the mobile dental unit, or to mental health counseling visits during the summer or after school. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the acceptance of a monetary grant award in the amount of $5,000 as a result of the New Hanover County Health Department's receipt of the 2008 GlaxoSmithKline Child Health Recognition Award, and adopt ordinance for budget amendment 09-067 for fiscal year 2008-09. ATTACHMENTS: Award letter from the North Carolina GlaxoSmithKline Foundation B/A 09-067 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 6-0 ~~. ete~er 0~ `.,; :~. :'°~> .~~~~~~~ ~~~ ~=~ z ~. David Ripe -. ~ •a w ~~ 'th Street ~~ll~r~in~tor~~ i~ ~~40~ ~ a dear fir. r~ice~ . onr~tlt~~ to you end the ero~i eth Su~ort Ser~ce Di~~~or~ on reeving the oDB IaxoSr~i~hli~e i~d f~eith eeo~ition~ed n the ~o~i ~eeith De~rt~nent ~~tgo~. Your ~~~th deprt~ent' efforts to i~n~rove the ii~re of ~hiidrer~ and their f~i~ie are ~ i~~ir~t~on to end ~n others ecro the state of hiorth role, ~ ire ~~easd to , ~ro~ide a rr~onet~ry rnt ~nad~ y~~e ~~ the I~nov~e Gouty ~elth ep.r#rnent in the ~~ount~f ~,ooo to be used for s~ee~ ~ro~eets, t ~ ! t~ devloprnent or edo~onal rnterias ~n ree~gn~t~on ~ the efforts of your division. hnk yon for your dedication fie i~pro~rir~g tie iives ~~ ~Vort~ Garolir~a's eh~drn and hest ~rihes for oontin~ed ~~ces. J ~~e~el~~ n g ~~ R ~r~yn ~o -~u~dson i xeout~r~e D I eto r x ~ CixoS~th~tline enaiat~on noios~r ~~~~€ fie ~~~~e ~3~~~~ ~. ~~ ~ 3~~ i. >. Board of ~omi~sis~~eeting 11/10/2008 6-1-1 a AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-067 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-067 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: Health /Child Health Ex enditure: Decrease Increase Child Health: Contracted Services $2,500 Su lies 2,500 Total $5,000 Revenue: Decrease Increase Child Health: GlaxoSmithKline Award Grant $5,000 Total $5,000 Section 2: Explanation The New Hanover County Health Department is a recipient of the 2008 GlaxoSmithKline Child Health Recognition Award. Funds will be used for professional services for medical, mental health, or optometry (including glasses) for children who are uninsured and low income, educational materials and brochures. Referrals will come from school nurses, school mental health counselors, or the community. No matching funds required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-067, 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 11/10/2008 6-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 CONSENT ITEM: 7 DEPARTMENT: Human Resources PRESENTER(S): Cathy Morgan and Wanda Copley CONTACT(S): SUBJECT: Approval of Proposed Revisions to Four (4) Sections of the Personnel Policy: Employee Grievance Policy, Employee Appeal Policy, Insurance Benefits Policy and Holiday Policy BRIEF SUMMARY: The proposed revisions to the employee grievance and appeal sections of the personnel policy reflect needed clarification and facilitation of the process for each. A significant revision puts the final decision with the County Manager in all employee grievances and in appeals of certain disciplinary actions involving department heads. The policy revision to the insurance benefits policy was prompted by notification by the County Attorney that under NC General Statutes (153A-93) continued insurance coverage for County Commissioners post service is not provided beyond mandated COBRA offerings. The proposed revision to the holiday policy eliminates references to holiday comp time accrual for fire services personnel. Apparently, this policy was unknown to fire services management and has not been used which means a precedent and policy contrary to this policy has been set. See attached proposed revised policies. RECOMMENDED MOTION AND REQUESTED ACTIONS: ATTACHMENTS: Personnel Policy Revisions--Grievance Procedure Personnel Policy Revisions--Employee Appeal Procedure Personnel Policy Revisions--Continued Insurance Benefits Personnel Policy Revisions--Holiday Accrual COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 7-0 PROPOSED PERSONNEL POLICY REVISION-GRIEVANCE PROCEDURE This article has been basically unchanged since the adoption of the personnel policy in 1977. Until recent years, it was little used; however, with increased use of late we have noted needed changes for clarification of the policy and for facility of process. The policy was overhauled to meet those needs. The revisions more clearly identify issues which would not be covered under the policy; better define who can be involved in the process and theirroles and responsibilities; put the final determination in what is, essentially a personnel matter, with the County Manager, rather than with the County Commissioners. Following is the proposed revised policy: ARTICLE VIII -GRIEVANCE PROCEDURE Scope This policy applies to all regular (non-temporary) employees, with the following exceptions: • Employees in the offices of the Sheriff and Register of Deeds, elected officials who, by North Carolina General Statutes, have full authority in personnel decisions involving employees in their respective departments; • Employees of the Department of Social Services and Health Department who come under departmental and State grievance policies; • Any employees who are appointed by the County Commissioners whereas, in such appointments, the Board has full authority in personnel decisions over them; or • The Elections Directorwho is appointed by the Board of Elections which has full authority over the position in personnel decisions. Purpose It is the policy of the County to foster the kind of work environment that supports the efforts of all employees to provide quality services to the citizens of New Hanover County. Accepting the inevitability of disagreements between employees and their supervisors, the purpose of this policy is to provide internal procedures whereby such disputes oremployee concerns about treatment or conditions of work may be rapidly, fairly and consistently addressed. Policy Eligible employees may use the grievance procedure to resolve a complaint based upon an event or condition which affects the circumstances under which the employee works, allegedly caused by misinterpretation, unfair application, or lack of established policy pertaining to employment conditions. The grievance procedure does not apply to the following issues: a) Disciplinary actions covered by the Appeal Policy; b) Complaints of workplace harassment covered by the Unlawful Workplace Harassment Policy; c} Personnel actions which do not represent any harm to the employee, such as assignment to another position or location wherein the employee does not suffer any loss of pay; d) Downgrades which occur as the result of reorganization. November 10, 2008 Page 1 Board of Commissioners Meeting 11/10/2008 7-1-1 PROPOSED PERSONNEL POLICY REVISION-GRIEVANCE PROCEDURE This procedure is to be used internally only and does not confer upon either supervisor or employee any remedies other than those specifically contained herein. All parties involved in a proceeding within the purview of this policy shall be protected from reprisals for such involvement. Parties engaging in any form of retaliation will be subject to disciplinary action, up to and including termination. Procedure When an employee or group of employees has a grievance, the following successive steps are to betaken. The number of days indicated at each level should be considered as the maximum number of days unless provided otherwise and every effort should be made to expedite the process. However, when mutually agreed upon, time limits given below may be extended. If the grieving employee does not follow the timelines for successive steps, it may be considered as a withdrawal of the grievance and the grievance may be dismissed accordingly. For purposes of this policy, the term "business days" refers to weekdays on which the County is open for regular business. Exceptions areweekend days, County holidays or other weekdays County offices are deemed "closed" for regular business. Step One. The employee must present the grievance in writing to the immediate supervisor within ten (10) business days of the event or within ten (10) business days of when the employee learns of the event. The grievance must contain a brief but clear description of what issues the employee wants addressed. It must also contain a clear description of the remedy the employee is seeking. If the grievance does not contain both a clear description of the issues and the remedy sought, the supervisor may ask for clarification and may delay the response timeframe by the number of days it takes the employee to submit the requested clarification. The supervisor should and is encouraged to consult with any County employee or officer deemed necessary to reach a correct, impartial and equitable determination and shall give the employee a response as soon as possible, but within five (5) business days. The grievance and supervisor's response shall be reported in writing to the department head and to the Human Resources Director. If the issue is resolved at this step, the supervisor or department head shall convey in writing to the Human Resources Director the terms of such resolution. The employee shall sign off on this document, indicating agreement to the terms described. If it is not resolved, the supervisor or department head shall convey in writing to the Human Resources Director the reason(s) it was not resolved. All written documentation pertinent to the filing and resolution of the grievance shall be maintained in a separate grievance file in the Human Resources Department. Step Two. If the grievance is not resolved during Step One and the employee wants to pursue it to the department head, the employee must file the grievance in writing to the department head within ten (10) business days of receipt of the response by the supervisor in Step One. The department head shall render a decision within a maximum of ten (10) business days. If the issue is resolved at this step, the supervisor or department head shall November 10, 2008 Page 2 Board of Commissioners Meeting 11/10/2008 7-1-2 PROPOSED PERSONNEL POLICY REVISION-GRIEVANCE PROCEDURE convey in writing to the Human Resources Director the terms of such resolution. The employee shall sign off on this document, indicating agreement to the terms described. If it is not resolved, the supervisor or department head shall convey in writing to the Human Resources Director the reason(s) it was not resolved. All written documentation pertinent to the filing and resolution of the grievance shall be maintained in a separate grievance file in the Human Resources Department. Step Three. If the grievance is not resolved during Step Two and the employee wants to pursue itto the County Manager, the employee must, within ten (10) business days of receipt of the department head's response in Step Two, submit a written request to the department head to forward the written grievance to the County Manager. In the request, the employee shall list the names of all employees he would like to be heard by the County Manager. The department head must forward the employee's written grievance to the County Manager within a maximum of three (3) business days from receipt of the employee's request. The County Manager shall arrange a time to hearthe employee orgroup of employees as soon as is practicable, and the department head and employee will be notified of the date of the scheduled hearing. The County Manager shall determine the hearing procedures and who will be present during any part of the hearing, but basically the hearing will consist of an opportunity for both the employee(s), supervisor(s) and department head to be heard and the County Manager to ask questions to clarify issues. In the hearing, the employee must produce evidence justifying or otherwise supporting the allegations made in the grievance. Supervisors and the department head defending the charges at the hearing will be given the right to examine all evidence determined as relevant by the County Manager. The hearing is an internal procedure and neither party may have legal or other representation. The County Manager will make a decision as to an appropriate resolution and will notify the employee of his decision within five (5) business days of the hearing by certified mail to the employee's home address. The County Manager's decision is final. No determination of any grievance will in any way conflict with any County policies, resolutions, or ordinances, or with any state or federal statutes applicable thereto. ADA Grievance Procedure New Hanover County has adopted a grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Americans with Disabilities Act (ADA). The ADA states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in regards to any program, activity, or other aspect of the employment relationship. ADA complaints should be addressed to: ADA Coordinator, 230 Government Center Drive, Suite 135, Wilmington, NC 28403. Telephone: 919.798.7178, November 10, 2008 Page 3 Board of Commissioners Meeting 11/10/2008 7-1-3 PROPOSED PERSONNEL POLICY REVISION-EMPLOYEE APPEAL PROCEDURES The proposed revisions to this section of the personnel policy reflect needed clarification of which employees are covered and facilitation of the process. A significant revision puts the final decision in defined disciplinary actions involving department heads with the County Managerrather than with the County Commissioners. Following is the proposed revised policy. EMPLOYEE APPEAL PROCEDURES (a section of Article V) SCOPE This policy applies to all regular (non-temporary) employees who have successfully completed the probationary period, with the following exceptions: • Employees in the offices of the Sheriff and of the Register of Deeds, elected officials who by North Carolina General Statutes have full authority in personnel decisions involving employees in their respective departments; • Employees of the Department of Social Services and the Health Department who come under departmental and State appeal/grievance policies; • Any employees who are appointed by the County Commissioners whereas, in such appointments, the Board has full authority in personnel decisions over them; • The Elections Directorwho is appointed by the Board of Elections which has full authority over the position in personnel decisions; or • Employees who report directly to the County Manager. PURPOSE The purpose of this policy is to ensure that corrective and disciplinary actions for performance or conduct deficiencies are consistent with the County disciplinary policy. POLICY This policy provides a procedure whereby eligible employees may be heard and disciplinary actions may be reviewed for validity and consistent application of applicable County policies. For purposes of this policy, the term "business days" refers to weekdays on which the County is open for regular business. Exceptions areweekend days, County holidays or other weekdays County offices are deemed "closed" for regular business. PROCEDURE A. Non-Department Heads-Appeal of Suspension, Salary Reduction, Demotion or Dismissal An eligible employee who wishes to appeal a suspension, salary reduction, demotion or dismissal may, within five (5) business daysafterthe disciplinary action and after notifying his/her department head in writing of his/her intentions, appeal the action in writing to the November 10, 2008 Page 1 Board of Commissioners Meeting 11/10/2008 7-2-1 PROPOSED PERSONNEL POLICY REVISION-EMPLOYEE APPEAL PROCEDURES Human Resources Director. The appeal must be delivered to the Human Resources Department, no later than 5:00 p.m. on the fifth day. The appeal must contain the response of the employee to the charges, a response to the disciplinary actions taken, the remedy desired by the employee, and any other pertinent information. The Human Resources Director will assign the appeal to a staff investigator to determine the merit of the action. Within fifteen (15) business days after receipt of the employee's notice of appeal, the staff investigator will make a recommendation to the Human Resources Director regarding the disposition of the appeal, and the basis for the recommendation and evidence relied upon. The Human Resources Director reserves the right to further investigate any issues raised in the appeal. The Human Resources Director will make a written recommendation to the County Managerwithin five (5) business days after receipt of the staff investigator's recommendation. The recommendation to the County Managerwill include the specifics of the charges, the investigator's findings and the basis forthe recommendation. The Human Resources Directorwill also notifythe employee by certified mail to his home address of the recommendation to the County Managerwithin five (5} business days after receipt of the staff investigator's recommendation. Unless a hearing is requested, the County Managerwill render a final decision within five (5) business days after the deadline for requesting a hearing. The decision will be sent to the employee's home by certified mail. In the event a hearing is requested, the following policy applies: Hearing for Suspension, Salary Reduction, Demotion or Dismissal At the request of the Human Resources Director or the appealing employee, the County Managerwill conduct a hearing in the matter of suspension, salary reduction, demotion or dismissal. A request by the employee for a hearing shall be made within five (5) business days after receipt by the employee of the recommendation of the Human Resources Director. In the event a hearing is held, the appealing employee and his department head will both be present and have the right to be represented by legal counsel. Either party may request the presence of any person(s) who will provide information that will assist the County Manager in rendering a decision. The names of all such persons shall be submitted to the County Manager no later than five (5) business days prior to the hearing date. The County Manager will reserve the right to limit the number of persons to appear. The County Managerwill render a decision, which includes the basis for the decision and evidence relied upon, within five (5) business days after the hearing and will send the decision to the employee's home by certified mail. The decision of the County Managerwill be final. All hearings provided for herein shall be conducted during working hours. Appeal of a Memorandum of Warning An eligible employee who wishes to appeal a disciplinary written warning may within five (5) business days after the disciplinary action, and after notifying his department head in writing of his intentions, appeal the action in writing to the Human Resources Director. The appeal November 10, 2008 Page 2 Board of Commissioners Meeting 11/10/2008 7-2-2 PROPOSED PERSONNEL POLICY REVISION-EMPLOYEE APPEAL PROCEDURES must be delivered to the Human Resources Department no later than 5:00 p.m. on the fifth day. The appeal to the Human Resources Director must contain the response of the employee to the charges and the remedy desired by the employee. The Human Resources Director will assign the appeal to a staff investigator to determine the merit of the action. Within fifteen (15) business days after receipt of the employee's notice of appeal, the staff investigator will make a recommendation to the Human Resources Director regarding the disposition of the appeal, and the basis for the recommendation and evidence relied upon. The Human Resources Director reserves the right to further investigate any issues raised in the appeal. The Human Resources Director will render a decision within five (5) business days after receipt of the staff investigator's recommendation. The decision will be sent to the home of the appealing employee by certified mail. The decision of the Human Resources Director is final. Failure to comply with Established Procedures If the appealing employee fails to comply with the procedures and time limits established herein, the Human Resources Director may dismiss the appeal. B. Department Heads With the exception of employees listed in the scope of this policy (above), department heads may appeal a letter of written warning, suspension, salary reduction, demotion, or dismissal in writing to the County Manager within five (5) business days after the disciplinary action. The appeal must contain the response of the department head to the charge(s), a response to the disciplinary action(s) taken, the remedy desired by the department head and any other pertinent information. The County Manager will schedule a hearing as soon as is practicable. At the hearing, the department head shall have the right to be represented by legal counsel and may request the presence of any person(s) who will provide information that will assist the County Manager in rendering a decision. The names of all such persons, including the name of legal counsel hired by the department head, and how they are related shall be submitted to the County Manager no later than five (5) business days prior to the hearing date. The County Manager reserves the right to limit the number of witnesses to appear at the hearing. The County Manager will render a written decision within five (5) business days after the hearing, which shall include the basis for the decision and the evidence relied upon. The decision of the County Manager will be sent to the home of the department head by certified mail. The decision of the County Manager is final. Failure to Comply with Established Procedures If the appealing department head fails to comply with the procedures and time limits established herein, the County Manager may dismiss the appeal. November 10, 2008 Page 3 Board of Commissioners Meeting 11/10/2008 7-2-3 PROPOSED PERSONNEL POLICY REVISIONS-CONTINUATION OF HEALTH AND DENTAL INSURANCE BENEFITS This policy revision was prompted by notification by the County Attorney that under NC General Statutes (153A-93) continued insurance coverage for County Commissioners post service is not provided beyond mandated COBRA offerings. Article IX, Employee Benefits -Insurance Benefits section (B) Continuation of Health and Dental Insurance Benefits Health Benefits Retiring employees will be subject to the policy provisions in effect on the date of their retirement. Employees may qualifyfor continued coverage under the County's group health insurance program, as outlined in this section as long as their required portion of the monthly premium is paid to New Hanover Countytimely. Employees may maintain the type of coverage in effect at the time of retirement, however they will be required to transfer to the County's managed care health insurance product until age 65, at which time the retiree must obtain primary coverage through the Federal Medicare plan (Parts A & B) and the County's health plan will assume secondary responsibility for covered medical services. The retiring employee must make an election to continue or terminate coverage at the time of their retirement. If the employee waives the right to continue coverage at the date of retirement, they may not elect coverage at a future date. The only exception to this rule is when the retiree's spouse is an active employee of New Hanover County, the retiree may choose to become a dependent under his/her spouse's certificate. Iflwhen the retiree loses eligibility under the spouse's certificate; he/she may at the time exercise the retiree insurance options thatwere available at the time of retirement. Dental Benefits Retiring employees may qualify for continued coverage under the County's group dental insurance program, as outlined in this policy, until the termination of such policy by the covered individual or the County. Employees may maintain the type of coverage in effect at the time of termination. NOTE: Type of coverage shall mean individual, employee plus one, or family. Continued Cover Under COBRA Eligible employees who do not qualifyfor continued coverage underthe County's group health and dental insurance programs will be afforded continued coverage in October 30, 2008 Page 1 Board of Commissioners Meeting 11/10/2008 7-3-1 PROPOSED PERSONNEL POLICY REVISIONS-CONTINUATION OF HEALTH AND DENTAL INSURANCE BENEFITS accordance with the plan contract or any legislative mandates governing the continuation of group health and dental insurance benefits (COBRA). Qualifications for Continued Coverage -An employee must meet the requirements of one of the categories detailed below in orderto qualify for continued coverage under the County's group health and dental insurance programs: a) A regular employee, who retires under one of the provisions of the North Carolina Retirement System, and who has at least five (5) consecutive years of service with New Hanover County immediately prior to retirement is qualified for continued coverage under this section. b) Afireman or sworn law enforcement officerwho becomes totally and permanently disabled for their job, as approved by the North Carolina Retirement System's Medical Review Board, and whose disability is the result of an accident while performing their duty as such needs only one (1) year of creditable service for continued coverage under this section. Creditable service with the North Carolina Retirement System may include service earned for each month the employee works and contributes, service earned through accumulated sick leave, military buyback, withdrawn service restored through a buyback, creditable service transferred from anothersystem which falls under the umbrella of the North Carolina State Treasurer's Office, or any other type of creditable service recognized by the North Carolina State Treasurer's Office. The service need not be continuous. c} An employee appointed directly by the Board of Commissioners who retires under one of the provisions of the North Carolina Retirement System, with at least five (5} consecutive years of service with New Hanover County immediately prior to retirement is qualified for continued coverage under this section. Creditable service with the North Carolina Retirement System may include service earned for each month the employee works and contributes, service earned through accumulated sick leave, military buyback, withdrawn service restored through a buyback, creditable service transferred from another system which falls under the umbrella of the North Carolina State Treasurer's Office, or any other type of creditable service recognized by the North Carolina State Treasurer's Office. The service need not be continuous. RATES A regular employee or an employee appointed by the Board of County Commissioners, the Sheriff or Register of Deeds who retires from New Hanover County based upon the eligibility criteria for anytype of retirement established by the North Carolina Retirement System, will pay for continued coverage according to the following schedule. October 30, 2008 Page 2 Board of Commissioners Meeting 11/10/2008 7-3-2 PROPOSED PERSONNEL POLICY REVISIONS-CONTINUATION OF HEALTH AND DENTAL INSURANCE BENEFITS NOTE: The County's contribution towards the retiree's insurance premiums is based on a set amount or percentage of the cost of individual coverage. Qualifying individuals choosing to cover eligible dependents will pay any additional cost to cover their eligible dependents. a) Qualifying individuals with at least five (5) but less than fifteen (15) years of creditable service will be allowed to continue coverage and will pay 100% of the total cost for coverage. b) Qualifying individuals with at least fifteen (15) years but less than twenty (20) years of creditable service will pay 75% of the total cost for individual coverage. c) Qualifying individuals with at least twenty (20) years but less than twenty-five (25) years of creditable service will pay 50% of the total cost for individual coverage. d) Qualifying individuals with at least twenty-five (25) years but less than thirty (30) years of creditable service will pay 25% of the total cost for individual coverage. e) Qualifying individuals with at least thirty (30) years of creditable service will pay the prevailing payroll rate for individual coverage. f) Employees appointed directly by the Board of Commissioners, who qualify under this policy, will be allowed to continue individual coverage based on the rates and criteria established under this policy. g) Employees who do not meet the county's established criteria for continued coverage must pay the entire cost of the group health and dental insurance premiums plus any administrative fees that might be imposed, for the period allowed by the provisions of the plan contract or any legislative mandates governing the continuation of group health and dental insurance benefits (COBRA). h) If/when a qualifying individual who retired on or after August 1, 2003 deceases, AND there are dependents covered underthe qualifying individual's plan at the time of the qualifying event, the dependents losing coverage because of the qualifying event shall be offered continuation coverage forthe period allowed by any legislative mandates governing the continuation of group health and dental insurance benefits (COBRA). Payment of Premium a) Participants must pay all premiums by the first day of the month for which coverage is in effect. New Hanover County bills participants monthly, and allows October 30, 2008 Page 3 Board of Commissioners Meeting 11/10/2008 7-3-3 PROPOSED PERSONNEL POLICY REVISIONS-CONTINUATION OF HEALTH AND DENTAL INSURANCE BENEFITS a thirty (30) day grace period for payment. Nonpayment or late payment will result in irrevocable cancellation. b) Participants receiving continuation coverage under COBRA provisions will be billed by a third party administrator contracted to administer the county's COBRA program. The Third Party Administrator allows a thirty (30) day grace period for payment. Nonpayment or late payment to the third party administrator will result in irrevocable cancellation. October 30, 2008 Page 4 Board of Commissioners Meeting 11/10/2008 7-3-4 PROPOSED PERSONNEL POLICY REVISION-HOLIDAY ACCRUAL The proposed provision eliminates references to holiday comp time accrual for fire services personnel. Apparently, this policy was unknown to fire services management and has not been used which means a precedent contrary to this policy has been set. Article VII, Leave Policies-Holiday section Holidays New Hanover County will observe the same holidays and schedule as designated by the State Personnel Commission. Only employees assigned to regular positions who, on the work day preceding and following the holidays, were (1) at work, or (2) in an approved leave with pay status, shall be eligible to receive holiday pay. Effect of Holidays on other Types of Leave Regular holidays which may fall or occur during personal, sick or other leave with pay periods, of any officer or employee of the County will not be considered as personal, sick or other leave. Holidays -Time Allowed a) Holiday Time: The amount of time allowed for paid holiday usage shall be based on the number of annual hours for which the position is budgeted. b) When work required -Exempt employees required to perform work on regularly scheduled holidays will receive their salary for the hours actually worked, and may be paid for the holiday orgranted a paid "holiday" at a later date of their choosing with their supervisor's prior approval. Non-exempt employees must be paid for all time worked in addition to any holiday pay to which they may be entitled. Holidays -Pay for Part-time Positions Any employee appointed for less than full time service (regular part-time) will be paid holiday pay at a prorated amount based on the percentage of time at which that part- time position is budgeted to work. October 30, 2008 Page 1 Board of Commissioners Meeting 11/10/2008 7-4-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 CONSENT ITEM: $ 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): Allen, Mary L. Etal. $ 36,784 Britt, David E. Pamela K. 121,394 Clark, Mollie J. 66,658 Flowers, Ede Berne 4,170 Howell, Hilda Grace 84,867 Hufham, Christopher D. Robin A. 88,536 McCutcheon, Thomas 77,416 Morris, Betty H. Early 58,840 Patten, Annie 50,268 Venters, Lucille Mark 81,832 Williamson, Abigail 87,379 Request approval of the following delinquent applications for exemption from property tax for the following organization (application and letter explaining late filing are available upon request): First Fruit Ministries R06505-001-026-000 RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 8-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 CONSENT ITEM: 9 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. 09-073 - Museum 09-083 - Museum 09-076 - Juvenile Day Treatment 09-079 - Health 09-080 - Emergency Management 09-077 - Sheriff s Office 2009-31 -Sheriffs Office 2009-32 -Sheriffs Office RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: BlA 09-073 B/A 09-083 B/A 09-076 B/A 09-079 B/A 09-080 B/A 09-077 B/A 2009-31 B/A 2009-32 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 9-0 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-073 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-073 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: Museum Design Master Plan Ex enditure: Decrease Increase Museum Desi n Master Plan: Contracted Services $100,000 Total $100,000 Revenue: Decrease Increase Museum Desi n Master Plan: Institute for Museum & Libra Grant ILMS $100,000 Total $100,000 Section 2: Explanation The Institute for Museums and Library Services -Museums for America 2008 Grant for $150,000 was awarded in support of the third phase of implementation of the Museum's Exhibit Design Master Plan. Only $100,000 will be budgeted for FY08-09 and the remaining $50,000 will be budgeted in the FY09-10 budget. Funds will be used for the design, fabrication, and installation of a 2,000 square foot exhibit (Forest Exhibit) that will be part of the core Museum experience for the next 10 to 15 years. The Forest exhibit will cover the period from pre-history thru the end of the American Revolution. Escrow funds will be used as a match requirement (refer to BA 09-083 in this agenda). Permission to apply for the grant and to receive funds was approved on the November 5, 2007 agenda. 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 09-073, 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 11/10/2008 9-1-1 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-083 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-083 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: Museum Design Master Plan Ex enditure: Decrease Increase Museum Desi n Master Plan: Contracted Services $60,000 Total $60,000 Revenue: Decrease Increase Museum Desi n Master Plan: Proceeds from escrow $60,000 Total $60,000 Section 2: Explanation A donation of $100,000 was made to the Museum by the David Swain family to use to enhance Museum exhibits. Although this donation was acknowledged with a plaque for the Arrivals (new orientation) exhibit and lobby, the actual funds were used to leverage the IMLS grant (refer to BA 09-073 on this agenda), knowing that both funding sources would be needed to accomplish the goals for this exhibit. This money has been held in an escrow account for the Museum. We only need to budget $60,000 of the escrow funds at this time. Funds will be used for the design, fabrication, and installation of a 2,000 square foot exhibit (Forest exhibit) that will be part of the core Museum experience for the next 10 to 15 years. The Forest exhibit will cover the period from pre-history thru the end of the American Revolution. 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 09-083, 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 11/10/2008 9-2-1 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-076 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-076 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 Day Treatment Ex enditure: Decrease Increase Juvenile Ps cholo ical Services: Salaries and Wa es $18,405 Juvenile Justice Delin uenc Prevention: LINK $43,743 Juvenile Da Treatment: Salaries and Wa es 338 Total $43,743 $18,743 Revenue: Decrease Increase Juvenile Ps cholo ical Services: De t of Juvenile Justice Grant $43,405 Medicaid: Title XIX Fees $25,000 Juvenile Justice Delin uenc Prevention: De t of Juvenile Justice Grant 43,743 Juvenile Da Treatment: De t of Juvenile Justice Grant 338 Total $68,743 $43,743 Section 2: Explanation To adjust budget to actual grant award from Department of Juvenile Justice and to reduce Medicaid revenues. 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 09-076, 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 11/10/2008 9-3-1 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-079 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-079 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 /Men's Preventive Health Ex enditure: Decrease Increase Men's Preventive Health: Salaries & Wa es $8,791 Tem ora Salaries 23,581 FICA 2,476 Retirement 430 Lon Term Disabilit 24 Contracted Services 14,698 Total $50,000 Revenue: Decrease Increase Men's Preventive Health: Ca e Fear Memorial Foundation $50,000 Total $50,000 Section 2: Explanation To budget funds received from Cape Fear Memorial Foundation for the Men's Preventive Health Program. The program will address the leading causes of morbidity and mortality in New Hanover County: heart disease, stroke, and cancer. Men's health fairs would be held at community sites for the target population of low income, uninsured and underinsured men. Funds will be used for a temporary nurse to perform coordination and follow-up of medical issues for men. Also included is an increase in hours for administrative support. Contract services will be paid for follow-up treatment or lab testing for patients without insurance to cover their medical needs. No County match required. There is no requirement that the program be continued when the grant period is complete. Grant application was approved at the July 21, 2008, County Commissioners meeting. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-079, 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 11/10/2008 9-4-1 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-080 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-080 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: Emergency Management Ex enditure: Decrease Increase Emer enc Mana ement: Safet E ui ment $40,000 Total $40,000 Revenue: Decrease Increase Emer enc Mana ement: Urban Search And Rescue Grant $40,000 ~ Total ~ ~ $40,000 ~ Section 2: Explanation The North Carolina Department of Crime Control and Public Safety has allocated an additional $40,000 in grant funding to New Hanover County for the purpose of urban search and rescue (USAR) equipment for designated response units. No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-080, 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 11/10/2008 9-5-1 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-077 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-077 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 s Office Ex enditure: Decrease Increase Sheriff sOffice /Uniform Patrol: Ca ital Outla -Motor Vehicle $50,000 Total $50,000 Revenue: Decrease Increase Sheriff sOffice /Administration: ABC Fees $50,000 Total $50,000 Section 2: Explanation To budget additional ABC revenue for vehicles. 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 09-077, 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 11/10/2008 9-6-1 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-31 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-31 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 $1,790 Total $1,790 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $1,790 Total $1,790 Section 2: Explanation To budget 10/22/08 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 2009-31, 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 11/10/2008 9-7-1 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-32 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-32 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Sheriff s Office Ex enditure: Decrease Increase Federal Forfeited Pro e Su lies $5,535 Total $5,535 Revenue: Decrease Increase Federal Forfeited Pro e Federal Forfeited Pro e $5,535 Total $5,535 Section 2: Explanation To budget 10/23/08 receipt. Federal Forfeited Property 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 2009-32, 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 11/10/2008 9-8-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 10 DEPARTMENT: Governing Body PRESENTER(S): Nancy H. Pritchett CONTACT(S): Sheila L. Schult SUBJECT: Consideration of "Wilmington Civitan Day" Proclamation BRIEF SUMMARY: Commissioner Pritchett submitted the attached proclamation to recognize and celebrate the 70th anniversary of the Wilmington Civitan Club. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Wilmington Civitan Day Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 10-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILMINGTON CIVITAN DAY PROCLAMATION WHEREAS, the Wilmington Civitan Club was chartered on November 22, 1938 by Civitan International; and WHEREAS, hundreds of Wilmington Civitan Club members have worked over the past 70 years to make their community a better place in which to live; and WHEREAS, Civitan promotes good citizenship and challenges all to regard citizenship as a privilege and responsibility; and WHEREAS, Wilmington Civitans have contributed thousands of dollars and hundreds of volunteer hours to help people with disabilities; and WHEREAS, Wilmington Civitans have provided tens of thousands of dollars in scholarships for local high school students to further their education; and WHEREAS, the Wilmington Civitan Club has promoted meaningful involvement in community organizations such as Laney High School Junior Civitan Club, New Hanover County Special Olympics, the Boys and Girls Homes at Lake Waccamaw, Good Shepherd shelter for the homeless, the Salvation Army bell ringers, WHQR's annual telethon, Relay for Life, and Civitan Alley. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 21, 2008 be recognized as "Wilmington Civitan Day" in New Hanover County, and that all residents are encouraged to actively support and take pride in the worthwhile efforts of this international service organization, and especially in the work of Civitans in our community. ADOPTED this the 10th day of November, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/10/2008 10-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 11 DEPARTMENT: County Manager PRESENTER(S): Holly Henderson CONTACT(S): Bruce T. Shell SUBJECT: Consideration of "Family Caregivers Month" Proclamation BRIEF SUMMARY: Holly Henderson, Caregiver Resource Specialist with the Cape Fear Area Agency on Aging, submitted the attached resolution to recognize November 2008 as "Family Caregivers Month" in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Family Caregivers Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 11-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FAMILY CAREGIVERS MONTH PROCLAMATION WHEREAS, the State of North Carolina is joining the Nation in declaring November as Family Caregivers Month 2008 to honor and support the tremendous contributions family caregivers make every day and to spotlight the fact that most people who need care rely on family and friends for their support; and WHEREAS, according to the North Carolina Department of Health and Human Services, almost one in two adult North Carolinians are caring for someone with a memory disorder, and more than one in four are caring for a person over age 60; and the number of people age 70 and above who need assistance because of activity limitations is expected to grow substantially during the next decades; and WHEREAS, North Carolina's caregivers are diverse in their characteristics and circumstances but share the common goal of enabling their family member or friend to function in the community whenever possible and should be able to enter into care giving with the knowledge and assurance that they can call upon the business, faith, and health and human service communities to assist with information, counseling, respite, and formal services when needed; and WHEREAS, many businesses are realizing the value in providing support to employees who are family caregivers because family care giving often comes with great personal sacrifice in terms of job and financial security, social life, and physical, mental and emotional health; and WHEREAS, the North Carolina Division of Aging and Adult Services, the area agencies on aging, and many other human service agencies are committed to increasing the awareness of caregivers' needs and continue to work to meet these needs. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 2008 be recognized as "Family Caregivers Month" in New Hanover County. All citizens are urged to acknowledge and support family, friends, and neighbors who are helping our older and disabled citizens. Support of family caregivers is not only the right thing to do but also an essential investment for the future of North Carolina's long-term care system. ADOPTED this the 10th day of November, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/10/2008 11-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 12 DEPARTMENT: DSS PRESENTER(S): LaVaughn Nesmith, Wanda Marino CONTACT(S): Wanda Marino SUBJECT: Consideration of "Adoption Awareness Month" Proclamation BRIEF SUMMARY: November is Adoption Awareness Month. Our proclamation is to recognize all children who are currently cleared for adoption. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. ATTACHMENTS: Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 12-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTION AWARENESS MONTH PROCLAMATION WHEREAS, every child deserves the chance to grow up in a loving, stable family and adoption is a beautiful way to build a family; and WHEREAS, adoption is the goal for many special needs children in foster care; and WHEREAS, some special needs children are teenagers, and some have physical, emotional and behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused and/or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together. They need our care and they need security; and WHEREAS, there are over 50 children in New Hanover County waiting for adoptive families and many other children are in the legal process of being cleared for adoption; and WHEREAS, many children find permanent homes through adoption by their foster families, thereby creating an ongoing need for new foster and adoptive families. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 2008 be recognized as "Adoption Awareness Month" in New Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their commitment to children. Furthermore we encourage our community to honor the special needs of New Hanover County's children in hopes of securing a permanent, loving family for each and every child regardless of race, age, gender, health, emotional or behavioral condition or past distress. ADOPTED this the 10th day of November, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/10/2008 12-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 13 DEPARTMENT: County Manager PRESENTER(S): Michael Krouse and Harry Dorsey CONTACT(S): David F. Weaver SUBJECT: NOTE: THIS ITEM HAS BEEN REMOVED Presentation by Wilmington Housing Authority Seeking a Reduction in Inspection Fees BRIEF SUMMARY: Mr. Michael Krouse, Chief Executive Officer with the Wilmington Housing Authority (WHA), and Mr. Harry Dorsey, Carolina Communications, wish to make a presentation to the Commissioners requesting a reduction in Inspection permit fees for the WHA. Details of the request will be presented at the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may consider the request. It is important to note that Inspections is supported by fees. Granting free permits and inspections would reduce revenues which would need to be compensated for elsewhere. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider request. COMMISSIONERS' ACTIONS: The item was removed. Board of Commissioners Meeting 11/10/2008 13-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 14 DEPARTMENT: Governing Body PRESENTER(S): Chairman Greer CONTACT(S): Chairman Greer SUBJECT: Consideration of The Greater Wilmington Sports Hall of Fame's Request for Funding BRIEF SUMMARY: The Greater Wilmington Sports Hall of Fame is requesting New Hanover County make a donation of $1,500 for their May 2009 induction. The City of Wilmington has received the same request. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider funding request. ATTACHMENTS: Hall of Fame Request for Funding Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider request. COMMISSIONERS' ACTIONS: Approved 3-2, Commissioners Pritchett and Davis opposing. Board of Commissioners Meeting 11/10/2008 14-0 v... . P:~ ,x..... t ' ~l 'c~ F""THE GREATER `~`~. SPORTS HALL DF FAME f ,~ ~ .~:~.~ r:. ~WLv. ~~ '~Yti~~`~.a. Y. July 3, 2008 Honorable Bill Saffo Mayor, City of Wilmington 102 North Third Street Wilmington, Narth Carolina 28401 Honorable Robert G. Greer Chairman, Board of Commissioners New Hanover County Commissioners 320 Chestnut Street -Roam 305 Wilmingtan, North Carolina 28401 Gentlemen. p~C~~D~1~ JU L - 7 2008 NE4'1 HAN01'ER CO f3D OF CQMMI~SIUP~[RS In early May of each year beginning 2006, we have inducted deserving men and women into The Greater Wilmington Sports Hall of Fame. The induction ceremony and the golf festivities the following day have generated tremendous interest and publicity about our area. It occurred to the Board of Directors in April of this year that New Hanover County and the City of Wilmington should be invited to participate and purchase a table of ten in order not only to promote the Hall of Fame, but also enjoy the festivities and recall some of the outstanding sports personalities produced by our area. obviously, we asked at a time that was too late. Please consider this letter as a formal request that the County and the City, each, commit to the expense of $1,5DD for an induction ceremony table of ten for our May, 2009 induction. Board of Commissioners Meeting 11/10/2008 14-1-1 Honorable Bill Saffo Honorable Robert G. Greer July 3, 2aos Pa e No. 2 I enclose to each of you a copy of the 2008 Program for your information. We hope that you share with us the excitement that can be generated by recognition of the sports heritage of this area. With warmest personal regards, I am Re~pe~tfully yours, Ge ntree, III GRIII/cs pc: Members, Board of Directors Board of Commissioners Meeting 11/10/2008 14-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 15 DEPARTMENT: Health PRESENTER(S): Kim Roane, Support Services Manager CONTACT(S): Kim Roane SUBJECT: Consideration of Budget Amendment and Positions for Women, Infant and Children's (WIC) Program BRIEF SUMMARY: The New Hanover County Health Department has received notification from the North Carolina VVIC Program, Nutrition Services Division, that we are receiving additional WIC funds in the amount of $26,214 in the current fiscal year to support our increased caseload. Customers are extremely frustrated with the current lack of appointments and staff are stretched to cover our growing caseload. We desperately need the additional appointment capacity. This new funding amount will cover the cost of increasing one Nutritionist position from .5 FTE to 1.0 FTE, and will also cover the cost of benefits to change one current temporary Administrative Support Technician position to a regular position with benefits. We need to retain both of these fully trained employees due to the lengthy learning curve the WIC program involves. With the increased caseload ongoing funding should be automatic. If funding is not continued next fiscal year then positions will revert to current status. No County match required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt ordinance for budget amendment 09-078 for $26,214 in additional WIC funds, and approve the increase in one Nutritionist position from 0.5 FTE to 1.0 FTE and the change from one full-time temporary Administrative Support Technician to one full-time (1.0 FTE) regular position with benefits. ATTACHMENTS: 1) Funding Letter from State of North Carolina VVIC Program, Nutrition Services Division 2) Funding Allocations Notice B/A 09-078 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 15-0 SSA ~~~~~ ~~~ >r~ .~ ~~ ~ ~- .r _ ~, m `~''~ ,; inn ~ "A atiy *~`~ ~~~ ~ ~~ o~rt~ ~~ro~~~a ~ep~~t~net of ~e~Yt~ ~~ Conan e~v~~e~ ~]i~~~o~n of ~~~~~ ~~~lt~ ~ o~~~'~ ~~~~e~' salt e~tian ~ 91 ~ ~~~~ er~ice Cater • ~aleih, earth Carolina 7~~~- ~ 9 ~ 4 Ted 9 ~ ~~7D7-80~ ~ Fay 9 ~ ~~5~~~4~ 8 ~1~c~f~~i ~. ~ 1as~~~', C7o~=e~~o~' ~.~er~ps€~~~ ~.3~~~t.c~~~, ~~c~~t4t~~, ~ATF,: October ~~8 ~' ~,acal ~iea~th irectars ~Tr~' ~~~ for 4~ ~~ ~cra~ions a~aer u.tr~tio~ er~~ces Branch ~E: ~- Base Caseload nerease ~ to significant rash in prara~n ~a~~t~cipat~on, are pleased to notify yore tba~ ~e are in.creas~n~ f~~~d~n to a envies that are avcra~r~g amore than ~ ~O~I~ of their have ca~e~oad. ~~~ ~ncre~ses are hand o. special data run that aerated the a~erae participation far the rno~.ths of day, ,~~~~~~, July and ~~.~~~. The increases ~~i~l prav~de additional fu~~ding t'or ~ocai health departments fram ~ctoher ~, DOS-day 1, 0~9. '71he cha~~~es should shor~~Y ~~ i~~ the ~veb~bascd allocation systems by the end of nest ~~eclc, ~'~~as ~`h~~e ~~is ~~~ ~°~a~io~ ~~~it~ ~a~f~ is~c~~ ~ rce~~ Since the tc~r~ns and co.~dition of your ~ rcen~ent ,~ddendu~n ~A~~ are not chan~ng, ~e ~~viil not ~~ he issui~.g a revised ~~. inee the on~local agencies operate o the Fede~'al ~yiscal dear, yaur incre~.se ~vill he handled through a a~ne~drne~t aid ~iil coyer the months of ~etaber 1, D~~ - ete~ber 0, ~~~9, The a~~~e~~dments are c~~~-re~n~ly being processed and vie hope to have tlae~x~ folly executed ithi~ the ~ae~t t'anr weeks{ /'lease see the attached docu.e~t, which provides ya~~r new base caseload, your previous base caseload, aid the ` lease a~~oun.t yau~' budget is being ir~c.reased hyF h.ou~d you have an.y questions regard~g your case oa , p catact yo~~r ~~'~~~~ ~utr~tlon onsUita~t.. s alas. thank you for your co~~i~~nent to rC ar~d for all afthe duality services yo~.~ provide, e hope these additional resources mill hcl~ yo~~ meet the ro~uin needs for services vvithi~ your local ae~c~es. ec: dice l~e~ihan regional Nutrition Cansultan~s Adin.istratir~e Consultants ~~~~ Car~Eir#a pul~~~e w~~t~~ f ~ ~~ ~VOC~LI~1f~ for 3 healt~E~~' dnd 5~~er earth c~ro{E~a ~veryw~er~. Everyday, ~verybadyr, ~.oca~~~n: ~0~ i~ For~.s Rd. * Rale~~h; ~,C. ~~09~3~t ~ .. :fin ~i,~~~~a~ C.)~.~~~~rt~x~~i~~T ~:,~?~c~~'c}r E,~ ~ep~~r~r~aE~t o~ ~1P.~~~~ ~13~ Board of Commissioners Meeting ~~~~~ sar~iefF~ 11/10/2008 15-1-1 Local Health Departments Agency Name *New Average Base Old Base Budget Increase Oct 1, 2008- May 31,2009 Alamance 4,277 4,048 $ 23,358 Albemarle 3,767 3,747 $ 2,040 Alexander 950 950 $ - Anson 914 914 $ - Appalachian DHD 3,890 3,841 $ 4,998 Beaufort 1, 771 1, 757 $ 1,428 Bladen 1,370 1,298 $ 7,344 Brunswick 2,553 2,395 $ 16,116 Buncombe 5,455 5,296 $ 16,218 Burke 2,421 2,308 $ 11,526 Cabarrus 5,182 4,940 $ 24,684 Caldwell 2,361 2,191 $ 17,340 Carteret 1,295 1,259 $ 3,672 Caswell 612 585 $ 2,754 Catawba 4,170 4,047 $ 12,546 Cherokee 867 798 $ 7,038 Clay 284 256 $ 2,856 Cleveland 2,745 2,609 $ 13,872 Columbus 2,371 2,268 $ 10,506 Craven 3,554 3,282 $ 27,744 Cumberland 13,325 12,471 $ 87,108 Dare 844 790 $ 5,508 Davidson 4,208 3,776 $ 44,064 Davie 872 834 $ 3,876 Edgecombe 2,441 2,357 $ 8,568 Forsyth 11,142 10, 288 $ 87,108 Franklin 1,575 1,468 $ 10,914 Gaston 5,168 4, 822 $ 3 5,292 Graham 343 343 $ - Gran-Vance 3,336 3,265 $ 7,242 Greene 1,008 961 $ 4,794 Guilford 12,611 11,787 $ 84,048 Harnett 3,040 2,917 $ 12,546 Haywood 1, 203 1, 096 $ 10,914 Henderson 2,495 2,121 $ 3 8,148 Hertford 995 939 $ 5,712 Hoke 1,699 1,699 $ - Hyde 211 211 $ - I redell 4,192 3, 932 $ 26,520 Jackson 834 785 $ 4,998 Johnston 3,614 3,233 $ 38,862 Jones 377 371 $ 612 Lee 2, 097 1, 962 $ 13,770 Lenoir 2,012 1,968 $ 4,488 Lincoln 1,944 1,944 $ - Macon 1,082 971 $ 11,322 Board of Commissioners Meeting Agenda.721.1. New Base Caseloads and Allocatio 11101 s 08 REV 8 Totals ~ -1 Agency Name *New Average Base Old Base Budget Increase Oct 1, 2008- May 31,2009 Madison 539 508 $ 3,162 Martin-T-W 1,685 1,664 $ 2,142 Mecklenburg 20,488 17,970 $ 256,836 Montgomery 1,373 1,315 $ 5,916 Moore 2,172 2,172 $ - Nash 2,742 2,542 $ 20,400 New Hanover 3,888 3,631 $ 26,214 Northampton 868 800 $ 6,936 Onslow 7,481 7,223 $ 26,316 Pamlico 376 355 $ 2,142 Pender 1, 390 1, 307 $ 8,466 Person 1,115 1, 066 $ 4,998 Pitt 4,712 4,618 $ 9,588 Randolph 4,178 3,978 $ 20,400 Richmond 2,251 2,144 $ 10,914 Robeson 5,086 4,802 $ 28,968 Rockingham 2,506 2,391 $ 11,730 Rowan 3,672 3,395 $ 28,254 RPM 4,016 3,848 $ 17,136 Sampson 1, 945 1, 850 $ 9,690 Scotland 1,772 1,690 $ 8,364 Stanly 1,525 1,525 $ - Stokes 1,034 982 $ 5,304 Surry 2,177 2,021 $ 15,912 Swain 387 383 $ 408 Toe River 1, 552 1,492 $ 6,120 Transylvania 700 676 $ 2,448 Union 4, 042 3, 861 $ 18,462 Wake 18,076 16,853 $ 124,746 Warren 803 803 $ - Wayne 4,437 4,399 $ 3,876 Wilson 3,140 3,019 $ 12,342 Yadkin 1,271 1,171 $ 10,200 Total 246,876 232,554 $ 1,460,844 Non Local Agencies October 1, 2008 -September 30, 2009 Agency *New Avg Base Old Base Budget Increase E Carolina HS 2,797 2,708 $ 13,617 LCHC 7,681 6,988 $ 106,029 Piedmont HS 5,443 5,206 $ 36,261 RHG 2,317 2,277 $ 6,120 Tri-Co CHC 1,468 1, 373 $ 14, 535 Total 19,706 18,552 $ 176,562 The New Average is based on participation data from May, June, July and August 2008 Board of Commissioners Meeting Agenda.721.1. New Base Caseloads and Allocatio 11101 s o8 REV 8 Totals ~ -2 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-078 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-078 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 /Women, Infants & Children Ex enditure: Decrease Increase Health /Women, Infants & Children: Salaries & Wa es $17,486 FICA 1,016 Retirement 444 Medical Insurance 7,195 Lon Term Disabilit 73 Total $26,214 Revenue: Decrease Increase Health /Women, Infants & Children: Woman, Infants & Children Grant $26,214 Total $26,214 Section 2: Explanation To budget additional funds received to support the increased caseload that exists. Funds will be used to increase Nutritionist services to meet the mandated requirements to provide client services for those who are eligible. Funds will cover the cost of increasing one Nutritionist regular position from part-time to full-time and one current Administrative Support Technician temporary position to regular position with benefits. No match required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-078, 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 11/10/2008 15-3-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 16 DEPARTMENT: County Attorney PRESENTER(S): Buck O'Shields, SWAB Chairman CONTACT(S): Kemp B. Burpeau, Deputy County Attorney and John Hubbard, Director, NHC Environmental Management SUBJECT: Consideration of a Resolution Requesting Legislation to Amend Senate Bill 3, 2007 Session BRIEF SUMMARY: The Solid Waste Advisory Board has requested the Board of Commissioners to consider a resolution to be directed to our local General Assembly delegation. The resolution asks that existing statutes be amended to specifically state that a Waste-to-Energy facility utilizing municipal solid waste to produce electricity be deemed renewable "green" energy. Such a designation could significantly enhance revenue generated by VVASTEC. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider resolution. ATTACHMENTS: Resolution IWSA Directory of Waste-to-Energy Plants COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 16-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION REQUESTING LEGISLATION TO AMEND SENATE BILL 3, 2007 SESSION WHEREAS, Senate Bill 3, enacted in the 2007 Session of the General Assembly, sets forth various incentives to benefit production of renewable energy and energy efficiency; and WHEREAS, said legislation does not specifically address awaste-to-energy facility utilizing municipal solid waste to produce electricity as an undertaking qualifying for the favorable treatment; and WHEREAS, such waste-to-energy facilities have been recognized by the Federal government and professional engineering associations, environmentalists and numerous states as renewable energy qualifying for beneficial treatment; and WHEREAS, New Hanover County ~UASTEC is awaste-to-energy facility, and as the only such operation in North Carolina, has been an innovator in this area of renewable energy; and WHEREAS, Senate Bill 3 codified as Chapter 62 of the General Statutes, should be amended to specifically add waste-to-energy facilities as qualifying renewable energy activities; and WHEREAS, such designation would significantly enhance public revenue derived from electricity generated by WASTEC. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that a request be made to the local delegation to introduce and promote a legislative amendment conferring upon New Hanover County WASTEC, or similar facilities, the benefit of renewable energy treatment as set forth in Chapter 62 of the General Statutes. ADOPTED this the 10th day of November, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/10/2008 16-1-1 The 2007 IWSA Directory of Waste-to-Energy Plants 1~~E~~~1 ~ FD V~1~1~ i ~ ~E~~lf~~~ ASSC~Cf~T1O~! By Ted Michaels he 2007 I~USA Directory of waste-to-Energy Plants provides current information about the waste-to- energy industry in the United States. Since this Directory was last published in 2004, the environment in which waste-to-energy plants exist has begun to change. Many communities are placing premiums on energy sources that reduce greenhouse gas emissions and the nation's dependency on foreign oil and fossil fuels. In addition, there is a continued need to manage a growing waste stream. Despite efforts to increase recycling, the average amount of waste generated per person continues to grow. As a result, communities are once again looking to waste-to-energy technology to safely manage solid waste and to produce clean, renew- able, and climate friendly power. As the country continues to focus on energy solutions that will reduce greenhouse gas emissions, waste-to- energy is poised toplay an important role. ~ The first new capacity in a decade is being added in Florida as the Lee County and Hillsborough County facilities expand their existing facilities by fifty percent each. Other ex- isting facilities are actively considering expansions. Several communities have out requests for proposals to construct new greenfield facilities. while this Directory provides a snapshot of the industry in 2007, it seems clear that the industry is about to undergo exciting changes. In 2007, 87 plants operate in 25 states and process 28.7 million tans of trash according to the latest estimates published in Biocycte. Electric generating capacity is estimated at 2,720 megawatts. The fact that waste-to- energyprovides baseloadpower and that most plants operate in excess of 90 percent of the time translates to a significant number of renewable kilowatt-hours produced bywaste-to-energy. As a result, waste-to-energy facilities generate appr~o~imately 17 billion kilowatt hours annually, which is roughly 20 percent of the na- tian'snon-hydroelectric renewable energy. As the waste-to-energy industry continues to evolve to meet the demands and challenges ofthe communities it serves and as the nation's public policies are shaped, IWSA will ensure that waste-to-energy is a valued and recognized solution tv the nation's energy and waste management challenges. The Integrated waste Services Association (IWSA} was formed in 19~ 1 to promote integrated solutions to mu- nicipal solid waste management challenges. IWSA encourages the use ofwaste-to-energy technology as an integral component of a comprehensive, integrated solid waste manage- mentprogram. In addition to providing essential trash disposal services cities and towns across the country, today's waste-to-energy plants gener- ate clean, renewable energy. Through the combustion of everyday house- ~' hold trash in facilities with state-of the-art environmental controls, IWSA's members provide viable alternatives to communities that would otherwise have no alternative but to buy power from conventional power plants and 1~~~~~~? ~~j~~~, ~~1~~~ dispose of their trash in landfills. ~~~c~j~- c~'~-~~c ~~,~~f~~~c~~ Board of Commissioners Meeting 11/10/2008 16-2-1 V4~aste-to-Energy Reduces Greenhouse Gas Emissions Waste-to-energy plants are tremendously valuable contributors in the fight against global warming. According to the U.S. EPA, nearly one ton of C(J2 equivalent emissions are avoided for every ton of municipal solid waste handled by awaste-to-energy plant due to the following: • Avoided methane emissions from landfills. When a-ton of solid waste is delivered to a waste.-to-energy,facility, the methanethat would have been generated if it were sent to a landfill .. is avoided,.: While same of this methane could be collected and used to generate electricity, some would., not be captured and would be emitted to the atmosphere. • Avoided ~C02 emissions from fossil fuel combustion. V~hen a megawatt of electricity is generated. by awaste-ta=energy facility,.: an increase in carbon dioxide emissions that- would have: been., generated by afossil-.fuel fred power plant is avoided; ~ Avoided COz emissions from metals production, Waste-to-energy plants recover more. than 700,000 tons of ferrous rrletals far recycling annually: Recycling metals saves energy and avoids C02 emissions that would have been~emitted if virgin materials were mined :and new metals were manufactured, such as steel. The United States Conference of Mayors adapted a resolution in 2005 endorsing the U.S. Mayors Climate Pro- tection Agreement,. which identifies waste-to-energy as a clean, alternative energy source which can help re- ducegreenhouse gas emissions. As of June 30, 2007, over 500 mayors have signed the agreement. Recently, the Global Roundtable on Climate Change, an initiative sponsored by The Earth Institute at Colum- biaUniversity, issued a statement on climate change indicating that decarbonization of the economy can be achieved through "the use ofnon-fossil-fuel-based sources...such as "wind, geother- mal, hydra, tidal, wave, nuclear, waste-to-energy, and/or biomass. Efforts to reduce global emissions of methane from landfills should be expanded, including increased use ofwaste-to-energy facilities where appropriate and cost- effective." The European Union Emission Trading Scheme explicitly ex- Net Global Climate Change Emissions 4a 0aa ao 171. 30°/o recycled, 70% , . landfilled with no gas collection ~ ~a,aaa.aa ~ ~ zo a0o 0a - , . ^ 2. 30°/° recycled, 70°/0 o landfilled; gas collected and 'y lo,oao.aa flared ._ W a.ao m ^ 3. 3Q% recycled, 70°/0 +a oaa ~ -la aa 1 2 3 ~ landfifled; landfill gas is piped to , . nearby industrial facility and W combusted in bailer (displacing ao o0o 04 fuel oil) ~ - , . 0 30 ooo ao ®4. 30% recycled, 70°/a ~ - , . combusted using waste-to- energy facility (generating -~o,ooo.oo ~ electricity and recovery of metals} dudes municipal waste combus- Data Sauree: Thorneloe SA:, Weitz I~, Jambeck J. Application of the U.S. Decision tion from the cap and trade program Support Tool for Materials and Waste .Management. WM Journal 20Q6 August. due to the ability ofwaste-to-energy to reduce greenhouse gas emissions and divert waste from landf lls. Board of Commissioners Meeting 11/10/2008 16-2-2 CAS r..~ v~ .,..~ a W F 3 .'•r 0 a~ s. .~ d r-, ~N ~ ~ ~~ ~ ~0 ~r ~ ~ • •.•~ .-.i 0 ~ ~ i~ ~ ~ .,Ur ~r ~ °' a ~ ~ ~ ~, ~, a~ o ~~ ~ ~ ~ U ~~ v ,~ .~ t~ x E-i d} V 0 3 ., h v Board of Commissioners Meeting 11/10/2008 16-2-3 waste-ta-Energy is a Renewable Resource Waste-to-energy meets the two basic criteria for establishing what a renewable energy resource is-its fuel source (trash} is sustainable and indigenous. Waste-to-energy facilities recover valuable energy from trash after efforts to "reduce, reuse, and recycle" have been implemented by households and local governments. Waste-to-energy facilities generate clean renewable energy and deserve the same treatment as any other re- newableenergy resource. Energy Policy Act of 2005 Federal Power Act Public Utility Regulatory Policy Act tPURPA) of 197$ Biomass Research and Development Act of 2000 Pacific Northwest Power Planning and Conservation Act internal Revenue Code (Section 45} Executive Orders 13123 and 13423 Federal Energy Regulatory Commissions Regulations (1$ CFR.Ch. I, 419 Edition, Sec. 292.204) • Trash'~Vould Otherwise go to a Landftll. waste-to-energy facilities use na fuel sources other than the waste that would otherwise be sent to landfills. • State Renewable Statutes Already Include Waste-to-Energy. 23 states and the District of Columbia states have defined waste-to-energy as renewable energy in various state statutes and regulations. • Communities with'~Vaste-to-Energy Have Higher Recycling Rates. Several studies have demonstrated that communities served bywaste- to-energy have recycling rates that are nearly twenty percent higher than the national average. • Waste-to-Energy Emissions Comply with EPA's Most Stringent Standards. All waste-to-energy fa- cilitiescomply with EPA's Maximum Achievable Control Technology (MALT} standards. After analyzing the inventory ofwaste-to-energy emissions, EPA concluded that waste-to-energy facilities produce electricity "with less environmental impact than almost any other source of electricity." • Waste-to-Energy Has a Long History as Renewable. Waste-to-energy has been recognized as arenew- ableenergy source by the federal government for nearly thirty years under a variety of statutes, regulations, and policies. Many state have recognized as renewable under state statutes as well. The renewable status has enabled waste-to-energy plants to sell credits in renewable energy trading mar- kets, as well as to the federal govern- Alaska Indiana New Ham shire ment through competitive bidding proc- p esses. Arkansas Maine New Jersey California Maryland New York • Renewable Designations Benefit Many Local Governments and Resi- Connecticut Massachusetts C-regon dents. The sale of renewable energy District of Columbia Michigan Pennsylvania credits creates revenue for local govern- Florida Minnesota Virginia ments that own waste-to-energy facili- ties, helping to reduce a community's Hawaii Montana Washington cost of processing waste. The U.S. Con- Iowa Nevada Wisconsin ference of Mayors has adopted several resolutions supporting the inclusion ofwaste-to-energy as a renewable resource. Board of Commissioners Meeting 11/10/2008 16-2-4 EPA's Soled Waste Hierarchy Waste-to-Energy is Preferable Waste-to-energy has earned distinction through the U.S. Envi- ronmental Protection Agency's solid waste management hierar- chy, which recognizes combustion with energy recovery (as they refer to waste-to-energy} as .preferable to iandfilling. EPA's hi- erarchyreflects what EPA has stated previously that the na- tion's waste-to-energy plants produce electricity with "less envi- ronmentalimpactthan almost any other source of electricity,'? EPA's hierarchy is also consistent with actions taken by the European Union, which established a legally binding require- ment tareduce landfilling of biodegradable waste. S~li~d '4~fa~ta Mana~~ment Hi~racchy ~aarc ~ : `'ucti~n ,'Mast: ~- _ ; p Prefer"re`s Source: IJ.S. Environmental Protection Agency WTERT Takes Leadership Role in Promoting Waste-to-Energy By Prof. Nickolas J. Themelis, Director of Earth Engineering Center of Columbia University Energy and materials recovery from solid wastes For the last ten years, Columbia University has been engaged in research of all available methods for the re- covery ofenergy and materials from municipal solid wastes (MSW}, in the U.S. and abroad. The results are described in nearly thirty technical papers and graduate theses (~vvw.columbia.edu/cu/wtert, Publications}. The Columbia studies also showed that there was very little R&D in the U. S. on the thermal treatment of MSW (commonly called waste-to-energy, or WTE} and, also, not sufficient information available to the pub- lic on the energy and other environmental benefits of WTE. This led to the formation, in 2403, of the WTERT. (Waste-To-Energy Research and Technology} Council. This organization is a unit of Columbia's Earth Engineering Center (EEC} and is headquartered in New dark City. The mission of WTERT is: WTE.~T brings together engineers, scientists, and managers from universities, industry, and government to ident~ the best available technologies for the recovery of energy and materials from solid wastes worldwide, advancing the public understanding of sustainable waste man- agement, and directing academic research on these subjects for the benef t of society and the environment. Public Information on Sustainable Waste Management During each year WTERT receives many requests for information on WTE and on "best waste management practice". The principal means of communication between WTERT and the general public is the WTERT web page (www.columbia.edu/cu/wtert}. It contin- ues to be the premier source of up-to-date technical information on domestic and international waste-to-energy and integrated waste management technology. ,~1 ~~~~-~`c~-l~~~r~ Re~+~ar~~ a~~ ~~~1~n~1~ ~a~~ar~~i1 Board of Commissioners Meeting 11/10/2008 16-2-5 ~~1~~~ ~~t~~ ~~ ~, y~ UNiTED ~TATE~ EN~1~~~NME~ITAL l~~~DT~~t~Ol~ A~EN~If ~. ~ ~ RESEAR~M TRi,A~1GLE PARK, ~~ 2~-'11 ~~'~r .c4`~~ ~E w~a~ pt~6 14 2001 Chi=PIGIv OP AIR QUA~.IiY PLANNINl3 ANO STANDARDS ~UI~~IJCT. Ei~ssi~ii7s fraYn Lar~tr ar~d Small 1~~~~rC knits at FACT Compliance ~il~Cl~; halt Ster~~c~r~son i~At~PS~SPP'1~1~~;~ ~1~~=~3-~ ~ } T~; Lame lv~'C Docket {111~A-i~Q~C~AI~-~{~~~-~1 ~7~ Tliis n~c~nc~randum presents infc~rrr~atian an the averaIi en~~ssians reductions aci~icved b~ lz~r~e and shall municipal waste cc-n~bLlstian ~~~~~~+~~ units foElowin,~ retrofit of l~(axina~xm Acherrab~e ~c~ntrai Technc~~agy ~I~ACT~. This ~emorandurn is a campa~~.ian tv the ~nemor~ndun~ titled ``~l~missans ~i'4m 1,~arge M~~C knits at 1!~~~A~:~' Cotnpliatzce ~nQte ~~. CoE~sistent v~~ith dean Air. A.ct CAA} section 1~9t lame and small.l~:i~UC units Gampleted l~.~CT retraf is by December 2.U(~4 and. December 2~~5, respecti~rely~ The p~r~an~ance al'tl~c 1~1ACT retrofits has bcen autstandin~. Ernissior~ reductions achieved for all CAA se+~tion 129 pt~ll>.~tants are shown below. Cif partit;alar interest are diQ~€it~l~uran and mercury emissions. Since 199 (pre-FACT cor~ciitians~, dio;ci>~lfuran emiss~at~s frarn lame and srnall l~Cs have been reduced b}~ ~~~ore than 99 percent, and nlercui~ ~missiaras ha4re ~Gn .reduced by r~zore tb~~z1 ~~ ~erC~nt. ~iaxi~~'furan e~nissians hate beCn reduced to l~ gt~anls pct ~rear~ and rr>.ercl~r}~ e>nissic~ns redtjced to 2.~ toi~sfyear. ~~n~sions ~`ran~ Lame and small ~ I~n~ts -------- Pr~I~tr~fl~afi ~ 9~~ E~r~ssco~rs (~t,~s~~ ~ f~~.5 ~'rrt~ssicirr--~ ~~~?Y~ - ~'c~~c~~~~ I~~~Z.~c~ir~n ~-• -~,..-.r-, .• Mercvl~~~ ~~ ~'~ ~-~~~ - , . ~ ~~~d 17'a ~,~ ~7 ~~rticulate i~tattec ~ ~$,~i~~ _ 780 9~ °.Io HCl ~ ~7}4Q~1 3,~0~ ~~ °lo X07 3$,~4a __ ~,t~a0 $$ °~a _ (~} dio~i~{ft~ran emis~ails are in units of ~rarns per dear tc~~ic ec~t~ivale~~t quantity ~Tl~~}, using 1 ~$~ NATO to~icit}- factors; all ether paallutat~t e>i~lissians are in units of tans per year. ~~teme~t Address (l~Rl.~ • htlp:~fwww.epa.~v ResycletilRecycleble • ~dnted w~h ~1egelable ali Based U4s~ on Recycled Paper (t~nlmam ~'o I~Ic~SurE-er~ Board of Commissioners Meeting 11/10/2008 16-2-6 The 1~~1CT performance data presented aboti~e is from the ~t~itial ~~T compliance tests trim ail large and small l~j~~~~ units. Thy ~n~rentary Qf~arge I~~TC units at I~~~T con~~ia»ce ide~~ti des l 6~' large I~I~~-`~ units located at 6b ~`~ /,/ants (note h}. The inventory of srriail ~1~~~ C ~~nits at lu~.~CT camp~iiance identifies GO small 1~~ units ~o~~ted at 2 I~~:~rC pla~~ts ~aote c~~. `l~he baseline I9~0 emissions data are from the large and small ~rI'~~~ emissi~iltfi trc~~d menu {note d and e~. In e~znbinatic~n, the above i~~fc~rEnation defUxes the 1 ~~0 and 2~4~ emissions for large ,and small Itrf~lC fruits, motes {a} see dc~c[cet ~=~0~~~~ iteltl ~[II-B~l l , (~~ ate c[~eket ,~-fit}=4a, item `III-B=b {~~ see docket ~~R=~oII~-~3~I2, `t~lationa[ [.n~~e~l,tory of~t~laC[ Mu11~;~ipa[ ~~4'aste ~c~~n~astoi- {M~~G~ U~1,ts at I~~~T ~oir~~[ian~e {Yea~• ~E~~~~'s, dated l~ovefli~~er I. Z~o~. {~~ ~~~' d(f~ket r'~-~~-~~, Rein ~~~~.~~~' {~~ see docket t~A~{-~~0~-031 ~, ;`l~at~o~la[ 11i111SSIQ11S `l°rcrlds for ~l~tall Mu,li~ipal ~'~'~ste Cc~~tbusti~~~~ I,111its ~y~ear ~ ~~o - ~~0~~'', dated ~~ne [~, ~{~0~, Board of Commissioners Meeting 11/10/2008 16-2-7 Workplace Health & Safety - A Waste-to-Energy Priority The Occupational Safety & Health Administration (OSHA} sets standards for America's workers to ensure e~o~oyces are safe and their heaiih is protected. Waste-to-energy facilities, like all other workplaces, must ~~~; ~~ese to~~gh sta~ldards. The Waste-to-energy industry takes tremendous pride lIl its health and safety pro- - tar sir vsa A. 1 4 ~ _ _ vr~i"i'iC ~~';ti {'~i~Fii i3eei=~; itie''tr'~~'k~`~ tf~i~'tiNV :~ .~N i~:v6~ ~~ €~~^:+'. ~~:>~'»`~ ::•!~o~~E~~~F ~C ~„l~~c~Plc r3'e~'~, c~~V~;Ei1~~"€e~? ~?t~~,ua 'r~'!F~€P- ,.., ......., Y V s a r....ri.. ..., : s . : _ .. s v '/ 1 T~a9 f! f`.•+/. 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'n ~;s- .• •t+i!'^ r~ c.{':.~~r, bi:„~~. -~~sr+~-r F i..:+ i ~f 5.lW~ .~~ L'r.." ~iA ti`i~t.dl .;.J J_-,..,. x~'6' aae ~y i..'i.+'-.r i~'r 1v w~.sxa x-...^~: ..:,7 X76 vx:,e ~i,.a?~, L+:, tJi~ 4' Eti? s.i~ ~`' is S~i~3 ~+.t ~;:i.' •~„c4f~.~,~f ~ . i ' 3 '! ra, n ~ -.a... ~ C, r 7 :Z ~r a- ~: , f f fy f"• i S , ~r'f'r r ~Y3 ~iri s :^ i3.S:;,. ci^i,::i~, ra' sr/? ..;'v. ~''fi.,._~ ~i f. A ~ f r 'l3'~ s ~ a! 3^i i s%~..-/o J . -.._ _ ~ _•:.3,~ '__:7~~~ .. -.__ .~ ~2 -.. .. ~~ i.•-1 ~ •. s,J''.'.iJ_~ ~.:' ... ~ aS r- _: ar. i Board of Commissioners Meeting 11/10/2008 16-2-8 ~lSA any' OSH~I ce3el~raied #heir Alliance Agree~nen# tivitl~ a signing cerv- many on ~ci~h.~:r i 3, 2Gu5. signing il~e.l.ilihucc ~~'as, in tie fioni raw G'~~n Understandin wh Rec cling andwaste-To-energy are Compatible in the U.S. g Y Y By Jonathan V. L. Kiser, President, Kiser Consulting, Harrisonburg, Virginia The cam atibili ofwaste-to-energy (wTE) and materials recycling has been an issue of interest for well over P tY a decade in the Clnited States ~[J.S.). Since 1992, the author has conducted empirical research among. ~+'TE communities across the U.S. and the results have consistently shown wTE and recycling are compatible and have on aver e, maintained a higher recycling rate than the national EPA average as illustrated in Table A. Darin late 20Q5, Kiser Consulting conducted a more in-depth look at the compatibility issue in 19 communi- g ties. Amon the topics explored with wTE plant operators, community recycling coordinators, and other mu- g nici al solid waste {11tISV~ management officials were why wTE communities have higher recycling rates and P why the two management options are compatible. Table A -wTE Community Average Recycling Rate vs. National Average yeas wTE Recycling Rate National Recycling (4} 2004 34% (1} 31% 2002 33°I° (2} 30% 1992 21% (3} 17% (1) Source: J. V.L. Kiser, based on feedback from 94 wTE communities. (2) Source: J. V. L. Kiser, based on feedback firm 98 WW'I`E communities. (3} ~~o~ree: J. ~'. L. Kiser, based on feedback frcim 66 w'TE communities. (4) Source: U.S. EPA, based on mast recent data available during tke study year wTE plant operators shed fi;u~ther light on this trend by responding to the question why they believed wTE communities have had higher average recycling rates. Responses included: waste-to-energy plant officials smote rec clin duriri facili tours and conduct community outreach efforts that may not be occurring in p Y g g ~' other locations Biddeford, ME); the municipal recycling program, when combined with on-site materials re- covery at the waste to-energy plant, exceeds the national average Long Beach, CA}; washto-energy plants refer not to acce t rec clables like glass, metals, and white goods, since they can cause operationand mainte= p p y Hance problems at the facility (Harfvrd, NID); wTE communities have more opportunities to recycle since the handle the 1VISw stream more tDutchess Co., IVY; wTE communities tend to be more knowledgeable y and forward thiinking about recycling and MSw management in general ~Hartfvrd, CT; Honolulu, Hl, Layton, DT}; and the iViaterials Recovery Facility in front of the 'ATE plant gives credit back to participating counties which have more than doubled their recycling rates (Polk County,lVl~. Each of the f 9 wTE comtrnunities surveyed are linked to o#~ site recycling programs. Such prog~~a~ns typically include a combination of curbside collection, drop off centers, MRFs, and/or yard waste management. In addi- tion to the ical metals, glass, plastic, and paper from household and/ar commercial sources, the cammuni- tYp ties reported other recycling programs are in place, handling other materials far recycling. These ranged from. batteries used oil. and e-waste, to household ha~:ardous waste, public and school outreach programs, and tires management, to scrap metals, food waste, and artificial reef construction projects. Each community surveyed had a combination of these kinds of recycling programs. -- For the complete research results relating to this compatibility study, contact Jonathan V.L. Kiser, at: jvlkiser@aol.com. ~~ Board of Commissioners Meeting 11/10/2008 16-2-9 Waste-to-Energy is an International Solution while this ublication focuses onwaste-to-energy plants in the United States, it is important to understand that p waste-to-ever has roots worldwide in nations that have high population densities, limited available landfill gY space; and intense energy demands. Nations in Western Euro a and Asia have utilized waste-to-energy as an environmentally friendly method of p waste dis oral and energy production that will assist in the reduction of greenhouse gas emissions. The Euro- P can Union (EU} requires all members to reduce landfilling of biodegradable municipal solid waste by 65 per- p cent by 2020, which has placed higher emphasis onwaste-to-energy and recycling. Asia has also turned towaste-to-energy to relieve its waste management burdens. 3apan suffers from decreas- in o en s ace and increasing volume of trash due to an expanding population and limited landmass. The g p p count has therefore become one of the most prolific users of waste-to-energy, processing 70% of its munici- al waste atwaste-to-energy facilities. Singapore handles all combustible waste atwaste-to-energy plants, p eneratin u to 2% of the countries energy. In addition, China's Ministry of Construction plans to handle g ° g p ' ' f arba e with waste-to-ener technology by the year 2030, 30 /o of more than 280 million annual tons o g g gY thereby helping to satisfy the country's growing demand for energy. As with IV~SA in the United States, waste-to-energy groups are active internationally. The Confederation of Euro can Waste-to-Energy Plants (CEWEP}pursues policies in support ofwaste-to-energy in Europe and P their activities can be found online at wvvw.cewep.eu. The International Solid waste Association is a global organization and more information can be found at www.iswa.org. 10 Board of Commissioners Meeting 11/10/2008 16-2-10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 17 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe CONTACT(S): Chris O'Keefe SUBJECT: Public Hearing Text Amendment (A-371, 5108) -Request by Staff to Amend Article II: Definitions and Article VII: Provisions for Special Uses to Define and Specify Standards for Senior Housing Options BRIEF SUMMARY: The change to Article II and Article VII would define and differentiate between active adult retirement communities, continuing care communities, assisted living/personal care facilities, and nursing homes. This item was discussed at the May 5, 2008 Planning Board meeting and the June 18, 2008 work session prior to taking action on July 3, 2008. The Planning Board voted 6-0 to recommend approval of the amendment. No one from the public spoke on this item. At the agenda briefing prior to the scheduled hearing at the August County Commissioner meeting, discomfort was expressed by Commissioners that some of these uses would not require a public hearing under the proposed language. They requested staff address the concerns before taking the amendment to hearing. Staff changed the language to make each of the described uses special uses (except as is currently shown on the table as permitted). Staff reviewed this with the Planning Board at its August 27, 2008 work session. At its October 2, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the amendment. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: The County Commissioners may approve, modify, or deny the text amendment in accordance with NCGS 153A-341 describing whether the action is "consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." STAFF RECOMMENDS motion to APPROVE based on finding that this request for text amendment is: 1. Consistent with the purposes and intent of the land use policies adopted in the 2006 land use plan relating to housing needs of seniors; and 2. Reasonable and in the public interest to clearly define and ariculate standards for a variety of housing options to accommodate the needs of seniors. ATTACHMENTS: A-371 Staff Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 11/10/2008 17-0 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 17-0 A-371, 5/08 TEXT AMENDMENT Applicant: Staff PLANNING BOARD ACTION: At its October 2, 2008 meeting, the board voted 6-0 to recommend approval of the amendment. HISTORY: This item was discussed at the May 5, 2008 Planning Board meeting and the June 18, 2008 work session prior to taking action on July 3, 2008. The board voted 6-0 to recommend approval of the amendment. No one from the public spoke in this item. At the agenda briefing prior to the scheduled hearing at the August County Commissioner meeting, discomfort was expressed by commissioners that some of these uses would not require a public hearing under the proposed language. They requested staff address the concerns before taking the amendment to hearing. Staff changed the language to make each of the described uses special uses (except as is currently shown on the table as permitted}. Staff reviewed this with Planning Board at its August 27, 2008 work session and they were amenable to making those adjustments. ADD: Section 23. DEFINITIONS SENIOR LIVING OPTIONS Active Adult Retirement Community or Independent Livin F,~ acilitX - A housing development that may contain a variety of housing types designed for and restricted to occupancy by households having at least one member who is 55 years of age or older, living independently. Facilities and services would typically include features such as: security; lawn and building maintenance; wellness, fitness, or spa services and facilities; central meeting areas; programmed recreation or social facilities and activities; communal garden spots; AARP Universal Design or other similar characteristics. Minimal supportive services may also be offered to residents in senior apartment facilities. Continuing Care Retirement or Life Care Community - A residential community that accommodates changing lifestyle preferences and health care needs and offers several levels of assistance, including all of the following: independent living, assisted living and nursing home care. It provides a written agreement orlong-term contract between the resident and the provider community which offers assurance of a continuum of housing, services and health care, most commonly all on one campus, and frequently lasting for the resident's lifetime. A-371, 5/08 Page 1 of 4 Board of Commissioners Meeting 11/10/2008 17-1-1 Assisted Living or Personal Care FacilitX - A managed facility providing personalized supportive services (personal care) to seniors who need help with the activities of daily living. These facilities make available at a minimum, one daily meal and housekeeping services, and also provides personal care directly or through a formal written agreement with a licensed care agency or hospice. Personal care services are services typically provided to individuals with infirmities or limitations and commonly includes assistance with eating, bathing, dressing or walking as well as medication management, personal laundry service and other individualized services. Personal care would not normally include general transportation, social or recreational offerings nor exercise, salon or spa services, although any of these services could be offered in addition to personal care. Nursing Home or Rehabilitation Center - A licensed facility for chronic or convalescent patients who have remedial ailments or other ailments for which continuing medical and nursing care are indicated but who do not require general hospital care. (Commentary: these categories and definitions are composites from several sources, including the NC General Statutes, the NC Department of Health and Human Services, retirement-living.com, seniorhousing.org, senioroutlook.com. The attempt is to clarify the broad range of housing options emerging in today's aging society in order to avoid confusion about uses or terminologies not described in our current ordinance.) SECTION 69.4-1 SENIOR LIVING OPTIONS Active Adult Retirement Community or Independent Living - Since this type of development is most commonly a simple matter of segregating residents based on age and not physical limitations, development proposals in this category shall not be differentiated from other residential subdivisions or special use high density residential proposals. Continuing Care Retirement or Life Care Community -Since this type of development provides a variety of residential units that accommodate older adults through the continuum of changing needs, development proposals in this category shall be permitted as a special use when the following conditions are met: 1. Minimum lot size: 20 acres 2. Parking requirements: 1.5 spaces per independent or assisted living unit plus 1 per employee on the largest shift at all facilities. 3. Maximum impervious area for the total development may not exceed 40% of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. 4. Commercial uses in the nature of small, neighborhood shops, each not exceeding 5,000 sq. ft. of gross floor area may occupy up to 2% of the net acreage. A-371, 5/08 Page 2 of 4 Board of Commissioners Meeting 11/10/2008 17-1-2 5. Maximum height may not exceed 35 feet for single family structures designated for seniors or for any building within 50 feet of single family residential lots or parcels. 6. Except as noted in item 5, above, maximum height maybe considered for approval to exceed 35 feet, up to 50 feet, when setbacks are increased to equal the proposed height of the building. 7. Public water and sewer must serve the site. 8. Open Space and improved recreational area shall be provided at a rate of 35% of net acreage. Improved recreation space shall be appropriate for seniors at all stages of lifestyle transition, such as ADA accessible walkways, gardens, and parks. 9. Vegetative buffers of not less than 20 feet are required for all proposals. 10. Traffic impacts and required road improvements must be reviewed and approved by the MPO and NCDOT. Frontage on an arterial or collector street is required unless located in a Planned Development as described in Section 53.5-2 (7) (0) b. 11. All other local state or federal permits or authorizations. (Commentary: This category includes built-in "bonus"features such as seduced parking standards; option for increased height; and option for minor commercial uses to be included. The impervious limits and open space requirements are the same as high density standards in R-15 districts when special use permits are required. However, new State stormwater rules may supersede this maximum in certain situations. Twenty acres is roughly the size of the Brightmore complex in th e city.) Assisted Living or Personal Care FacilitX - Since this type of development provides residential units to accommodate seniors in need of assistance with the activities of daily living, development proposals in this category, not part of a Continuing Care Retirement/Life Care Community, shall be permitted as a special use when the following conditions are met: 1. Minimum lot size: 5 acres 2. Parking requirements: 1.25 spaces per living unit plus 1 per employee on the largest shift. 3. Maximum Height shall be limited to 35 feet when buildings are placed within 50 feet of single family residential lots or parcels. Except as noted in item 3 above, height maybe considered for approval to exceed 35 feet, up to 50 feet, when setbacks are increased to equal the proposed height of the building. 5. Public water and sewer must serve the site. 6. Maximum impervious area shall not exceed 50% of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. A-371, 5/08 Page 3 of 4 Board of Commissioners Meeting 11/10/2008 17-1-3 7. Open Space and improved recreation space shall be provided at a rate of 20% of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. 8. Traffic impacts and required road improvements must be reviewed and approved by the MPO and NCDOT. Frontage on an arterial or collector roadway is required. 9. All other local state or federal permits or authorizations. (Commentary: This category includes greater built-in "bonus "features such as greater reduction of parking standards; and option for increased height. The impervious limits and open space requirements are the same as high density standards in R-1 o districts when special use permits are required, but State stormwater rules may supersede. Five acres is slightly smaller than the Woods at Dolly Tree site.) Nursing home/rehabilitation center -Since this type of development provides residential care in a licensed institutional setting, the provisions of the ordinance outlined in Sec. 72- 9 of the ordinance apply. The number of beds approved should correspond to the number of beds allocated to the applicant by an approved certificate of need. (Commentary: The name of this use changes slightly from "nursing home and personal care facility" to Nursing home/rehabilitation center. There has been considerable debate about the scope of `personal care" in the current definition, and several parties have suggested projects that bear no similarity to a licensed facility providing personalized assistance to residents with limitations, but they wish to be approved as personal care facilities under the highly institutionalized standards for this use category. Therefore, we have shifted personal care into a new category which more appropriately aligns that term with assisted living. The ordinance adequately deals with this type of development. Except for the change in name and tying the approval to the number of beds in the certificate of need, this use and its standards would remain the same as now.) ADD TO TABLE OF USES: Senior Living: Active adult retirement community or Independent Living (Special Use in R-20, R-15, R-10 and 0&I) Senior Living: Assisted Living or Personal Care Facility (Special Use in R-20S, R-20, R-15, R-10, 0&I, RA) Senior Living: Continuing Care Retirement Community or Life Care Community (Special Use in R-20S, R-20, R-15, RA, B-1; Permitted as approved in PD) Nursing home/Rehabilitation Center (Permitted in 0&I or PD [same as now]; Special use in R-20S, R-20, R-15, R-10 and RA) A-371, 5/08 Page 4 of 4 Board of Commissioners Meeting 11/10/2008 17-1-4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 18 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe CONTACT(S): Chris O'Keefe SUBJECT: Public Hearing Text Amendment (A-375,10/08) -Request by Staff to Amend Section 59.9-6 to Clarify the Approval and Modification Process for Riverfront Mixed Use Projects BRIEF SUMMARY: The proposed change to Section 59.9-6 would clarify that major changes to approved site plans would require a new hearing and approval by the County Commissioners. At its October 2, 2008 meeting, the Planing Board voted 6-0 to recommend approval of the amendment to clarify the process for approval and modification of approved Riverfront Mixed Use projects. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 describing whether the action is "consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." STAFF RECOMMENDS motion to APPROVE based on finding that this request for zoning text amendment is: 1. Consistent with the purposes and intent of land use policies adopted in the 2006 land use plan and subsequently amended relating to the Riverfront Mixed Use District; and 2. Reasonable and in the public interest to clarify the process required for approving and modifying approved RFMU Plans after approval. ATTACHMENTS: A-375 Staff Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 18-0 A-375 (10/08) TEXT AMENDMENT Applicant: Staff PLANNING BOARD ACTION: At its October 2, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the amendment to clarify the process for approval and modification of approved Riverfront Mixed Use projects. No one from the public spoke on this item. Proposed changes are highlighted in yellow. Section 59.9 RFMU, Riverfront Mixed Use District (3/12/07}. 59.9-6: Procedural requirements for the establishment of a RFMU District -Proposals for a RFMU District shall be in three (3) stages: 1) conceptual review, 2) rezoning application/preliminary site plan; and 3) final plan/site plan. (1) The concebtual plan shall rebresent the applicant's general sketch and ._ imbression of the anticipated pattern of development Manned for the development. (2) The Rezoning application/Preliminary Site Plan: ._ (A) Application for an RFMU district shall be filed with the County Planning Department. The Count Planning Department and the Technical ._ ._ Review Committee shall review the Preliminary Site Plan and RFMU district rezoning_petition in the nature of an amendment to the County's Official Zoning Mab. Such an amendment shall be processed pursuant to the general requirements of Article XI of this Ordinance. Upon receibt of all necessary application materials, including the TRC recommendations, ._ the Planning Director shall schedule the petition before the County in Board. 1. The preliminary site plan shall be reviewed by the Technical Review Committee prior to submission of an application for Planning Board agenda and shall contain the following information: a. Tract boundaries and total area and location of adjoining land parcels and roadways; b. Existing zoning of the tract and neighboring parcels and proposed tract zoning; c. Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type of units and site plan outlining area to be occupied by each structure and/or subdivided lot boundaries. For non- residential uses, this shall include approximate square Page 1 A-375(10/08) Board of Commissioners Meeting 11/10/2008 18-1-1 footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used; d. Development schedule including proposed phasing; e. Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right-of way dedication, plans for access to and from the tract, location, width and right-of way for internal streets and location, arrangement and access provisions for parking areas; A transportation information sheet is required for any development that will generate more than 100 trips during the peak hour, a traffic impact study may also be required. The study shall be prepared in accordance with Standards and Guidelines approved by the County and shall be submitted at least four weeks prior to the first scheduled meeting at the project's review. (5/02) f. All existing and proposed easements, reservations, required setbacks, rights-of way, buffering and signage; g. The one hundred (100) year flood plain line; h. Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance and in the provisions for this district. i. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract which may include federal, state or local ordinances or planning documents. j . Any other information that will facilitate review of the proposed change. k. A description of and reason for any waiver being requested which the TRC is authorized to r.~ ant. (B) The Board of County Commissioners, following receipt of the ._ Planning Board's recommendation will review the RFMU district rezoning petition and Preliminary Site Plan with respect to its technical sufficiency and its consistency with the Land Use Plan and the Policies for Growth and Development. (C) Approval of the Preliminary Site Plan as part of the RFMU district requirements shall not constitute final plan approval, rather it shall be deemed an expression of approval of the rezoning request and the overall design and densities as submitted on the Preliminary Site Plan. The Preliminary Site Plan shall be filed in the Count Planning Department. ._ (D) Minor changes and revisions to the Preliminary Site Plan may be ._ approved administratively the County Planning Director, without additional public hearings, provided such changes do not result in: 1. A change in the use or character of the RFMU Page 2 A-375(10/08) Board of Commissioners Meeting 11/10/2008 18-1-2 2. A change of design for, or an increase in the hazards to pedestrian and vehicle traffic circulation, 1 3. A reduction in the on i.~ Wally approved setbacks from roads and/or propert, l Any changes, other than minor changes, shall only be made b County Commissioners, and must follow the same review and public hearing process required for other Zoning Ordinance 1 ~- ~- AmPnc~mPntc (31 Final Plan: (Al Annlication for Final Plan annroval or sections thereof shall be made with the Count Planning Department. ._ (B) The Final Plan shall be in compliance with the Preliminary Plan and no construction, excavation, or clearing shall be commenced or anX building_permit issued until the Final Plan has been approved and signed by the Plannin Director. (C) The Final Plan shall provide the document on which building permits and other applicable County approvals are issued. 59.9-7: Additional Definitions Way-finding sign - A sign of which the message is exclusively limited to guiding the circulation of and providing direction for motorists or pedestrians within the site. Building base -The lower levels of a building that do not exceed four (4) stories or fifty (50) feet, whichever is less, and are distinguished architecturally from the upper floors of the building. Fenestration -The arrangement and design of openings, such as windows, within a building. Normal High Water (NHW) -The ordinary extent of high tide based on site conditions such as presence and location of vegetation, which has its distribution influenced by tidal action, and the location of the apparent high tide line. Kinetic sign - means a sign that depicts motion either illusory or actual. Page 3 A-375(10/08) Board of Commissioners Meeting 11/10/2008 18-1-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 19 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe CONTACT(S): Chris O'Keefe SUBJECT: Public Hearing Conditional Rezoning (Z-890,10/08) -Request by Cornelia Nixon Davis, Inc. to Add 2.9 Acres to an Existing Conditional CD(0&I) District and to Modify the Approved Site Plan at 1011 Porters Neck Road BRIEF SUMMARY: The change would increase the size of the CD(0&I) to about 27 acres and would add living and rehab spaces to the existing facility. It would also reposition and rebuild the offices and dispensary. [Current CD(0&I) was approved under Z-454 in 1992.] At its October 2, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the conditional rezoning and the companion special use permit as submitted, based on the staff report and preliminary findings of fact. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION #1 NEEDED: Adopt a statement in accordance with NCGS 153A-341 describing whether the action is "consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." STAFF RECOMMENDS motion to APPROVE based on finding that this request for zoning map amendment from R-20 Residential to CD(0&I) conditional Office and Institutional District is: 1. Consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 land use plan; and 2. Reasonable and in the public interest to allow expansion of an existing nursing home and rehabilitation center in this location subject to the companion special use permit. ACTION # 2 NEEDED (Choose one): 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the four categories described in the staff summary, such as lack of consistency with adopted plans or determination that the project will pose public hazards, will not adequately meet requirements of the ordinance, or will be out of character with the surrounding area. Board of Commissioners Meeting 11/10/2008 19-0 In the absence of contradictory evidence at the hearing, STAFF RECOMMENDS granting the companion special use permit based on the positive findings listed in the staff summary. ATTACHMENTS: Staff Summary Petition Summary Site Plan Page 1 Site Plan Page 2 Adjacent Property Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved the rezoning 5-0. Approved the conditional use permit 5-0. Board of Commissioners Meeting 11/10/2008 19-0 CASE: Z-890,10/08 PETITIONER: REQUEST: ACREAGE: LOCATION: LAND CLASS: Cornelia Nixon Davis, Inc From R-20 to CD(O&I) and amend site plan to expand Nursing/Personal Care facility Approximately 2.64 acres added to existing 24 acres CD(O&I) 1011 Porter's Neck Road Transition PLANNING BOARD ACTION: At it's October 2, 2008 meeting, the board voted 6-0 to recommend approval of the conditional rezoning and the companion special use permit as submitted, based on the staff report and preliminary findings of fact. No one from the public spoke on this item. STAFF SUMMARY The subj ect property is located in the northern portion of the county in an area classified as Transition on the 2006 LAMA Land Classification map. The property is accessed from Porter's Neck Road, an urban collector feeding the Market Street arterial. A service entrance is located along Champ Davis Road to the east. Traffic counts on Porter's Neck Road just east of the site show about 15% increase in average daily traffic between 2004 and 2006. No Level of Service (LOS) has been determined for Porter's Neck Road. Market Street shows 2007 LOS of F, meaning traffic exceeds design capacity. The surrounding area iszoned R-20 residential and is developed for residential purposes. To the west is Champion Assisted Living facility, the Porter's Neck Fire Department and Vineyard Plantation Subdivision. To the north is Porter's Neck Plantation. To the east is Plantation Village and across Porter's Neck Road is Forest Creek at Porter's Neck Subdivision. The subject property to be added to the existing conditional district is part of a 5.8 acre parcel directly adjacent to the existing Cornelia Nixon Davis healthcare operation. The nursing home began in 1967, predating zoning in that area and was issued a special use permit in 1972 and 1977 for various additions. The total number of approved beds was 199 at that time. The existing site was conditionally zoned in 1992 CD(O&I) for Office & Institutional use and revised in 1998 to accommodate the facility and its supporting geriatric healthcare uses. The site is located within the Futch Creek watershed drainage area which is classified SA, High Quality Waters and is listed on the 303(4) list of impaired waters. However, it is not within 1/2 mile of the SA waters, thus standard stormwater controls will be allowed. The property is not within the 100 year flood zone. Soils are primarily Class I Z-890 Board of Commissioners Meeting 11/10/2008 19-1-1 Kenansville fine sand with only slight limitations for septic systems, however, public water and sewer serves this facility. Land Use Plan Considerations: This rezoning petition proposes an expansion of an existing CD(O&I) district. No additional beds are proposed, but a new addition of 20 rooms will allow for changing existing double occupancy rooms into single occupancy rooms. Aone-story addition to the rehabilitation center is also planned in order to add a wellness program for existing residents and expand the physical rehab program. The pharmaceutical dispensary and physician offices will be moved into the new addition to be built on the additional acreage, if this amendment is granted. One of the existing old houses which has been used for these purposes to date will be removed and the other will remain. A new driveway will be added off of Champ Davis Road to access the new addition. The Implementation strategies associated with Policy 17.2 of the land use plan encourage the accommodation of an adequate supply of housing for special needs populations such as the elderly or disabled. Conditional districts are designed for firm development proposals and require site specific plans to be approved as special use permits, thus providing maximum protection and predictability. This facility has been providing a variety of geriatric, nursing and health care services since 1967 and has had conditional zoning for this use since 1992. The 2006 Update of the Joint LAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency inland utilization and public service delivery. The subj ect property is directly adj acent to the existing conditional district and is owned by the Davis Healthcare group. Allowing the added acreage and site plan modifications to create a cohesive business operation and to better accommodate the skilled care needs of elderly residents seems reasonable and appropriate. For this reason planning staff recommends approval of this rezoning. ACTION #1 NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from R-20 Residential to CD(O&I) conditional Office and Institutional District is (or is not): 1. Consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 land use plan; Z-890 Board of Commissioners Meeting 11/10/2008 19-1-2 2. Reasonable and in the public interest to allow expansion of an existing nursing home and rehabilitation center in this location subject to the companion special use permit. BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public utilities are available to the site. B. Fire Service is provided by Porter's Neck FD, which is adjacent to the facility. C. The property is not located in a flood hazard area D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. E. Traffic circulation will be improved by slight adjustments in the driveway access. A traffic impact analysis is not required because peak hour traffic generation will remain well below the 100 trip threshold 1. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The 2.64 acres to be added is currently vacant land zoned R-20 Residential. This request is made concurrent with conditional rezoning to CD (O&I) Conditional District for expansion of the existing nursing home/personal care use. B. The required community information meeting was held for surrounding property interests on September 2, 2008 by the applicant prior to submission of this request. C. The lot size exceeds 2 acres, as required by Sec. 72-9. D. Proposed setbacks are greater than 50 feet from surrounding residential properties. E. Buffers exceed the requirements of the ordinance. 2. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Though not a specific public necessity, the use is a public benefit to elderly and disabled residents. 3. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. Z-890 Board of Commissioners Meeting 11/10/2008 19-1-3 A. The 2006 Update of the Joint LAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency inland utilization and public service delivery. B. The proposal is consistent with the policies relating to housing of special populations. STAFF COMMENTS: Staff feels these findings are positive. No additional conditions are being suggested. ACTION # 2 NEEDED: (Choose one) 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards, will not adequately meet requirements of the ordinance, or will be out of character with surrounding area. Z-890 Board of Commissioners Meeting 11/10/2008 19-1-4 Case: Z-890 (10/08) Petition Summary Data Owner/Petitioner: Bruce Bowman for Cornelia Nixon Davis, Inc Existing Land Use: Nursing Home Zonin History: Area 5 (July 6,1971; July 6,1992; Jan. 5,1998) Land Classification: Transition Water Type: Public ~r Sewer T~ Public Recreation Area: Ogden Park Access & Traffic Volume: Porter's Neck Road to Market Street; Porter's Neck Road east of site= 3,981(11/06); Porter's Neck Road near Market Street=12,566 (11/06) compared to 3,298(4/03) and 9,196 (4/03) or 20% near the site and 36% near Market St. LOS on Market St. is F. Fire District: Porter's Neck FD Watershed & Water Quality Classification: Futch Creek Watershed; Sa/HQW; 303d list Aquifer Rechar e Area: Shallow water table sand aquifer Conservation/Historic/Archaeological Resources: None Soils: ke-kenansville fine sand Septic Suitability Class I -suitable/slight limitations Schools: Blair Elementary Board of Commissioners Meeting 11/10/2008 19-2-1 yQ N F U a or~ ~~ro~ e BUI 01B ~ UO ~U~UI ~ GGtiBZ ~ ~ y~ N r ~ ~.~ _ ¢z m~ Wo ~~ o `~ ~~° V NNNW ~ ~UNN ~~Z~~ 2 3 8 0 ~ ~ ~ Z~- w ~~ w :~ W~ paob ~oaN s~aUod llOl uoi~ippd u~oo~ OZ pug uoi~e~i~iq~ya~ WZj Wt~ °~~ a~ ~ w=o ~zm° s~uawanoadUJ~ pasodoad _ - 2 O ~ ' ¢ Q LNQOO ~,,`` W b U to u ~ ~OF jdr~ ~z~ W=m~ ¢ u~~d a~!S o W ~ z ~ m ° ~ ~ ~ z Qi«~~ ~m~~ o tn~-vv ~'l8 bY~ 6 I & ~J aa~ua~ aae~ u~~~aH sin~a <~ o~~o WAN ~wZZ ~ m a T u D r o w 54K__x r~r~n ~. ~.~?`~ I IU o oz z=~ oaLLO ~ ~ ¢~ o xm v ar o x w Ir I ~ Ir ~, ~I i ~ ~ ~ l ~~ I I ~ ~ i i ~! l A 1 i l~~ I D11 `~ / ~ ~' `~ a >m ~ / ~ ~W / (jr ~ 3 0 WU /r Q / w ~^ o sa Ir /i ? 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Shell and Max Maxwell CONTACT(S): Max Maxwell SUBJECT: Consideration of Award of Contract for Architectual Services for New Hanover County Jail Addition BRIEF SUMMARY: On June 26, 2008, staff requested and received Request for Qualifications for Services for the New Hanover County Jail Expansion. The scope of services identified will include architectural design, master planning, budget development, design development, construction documents, bidding and construction administration. On July 18, 2008, the selection committee interviewed three firms that toured the jail and offered their recommendations on expansion. After several meetings the committee selected Hemphill & Associates. Hemphill & Associates will provide all the necessary architectural and engineering services to plan, design, detail and provide oversight during construction phase, as well as post construction services. The scope of these services will include master planning for a complete ultimate build-out to house 1,000 inmates on the campus. Civil Engineering services fora 128 bed addition will include necessary provisions for the future 1,000 inmate campus. The Contract will be divided up into five phases: Schematic Design $ 80,186 Design Development $106,915 Subtotal $187,101 Construction Documents $213,830 Bidding $ 26,729 Construction Phase $106,915 Total $534,575 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board direct staff to proceed with master planning and Schematic Design to maximize the existing New Hanover County Jail campus, from the current capacity of 672 to a total of 1,000 inmates at ultimate build-out, and Design Development services for an initial 128 bed addition. Staff also recommends the Board authorize the County Manager to enter into a contract with Hemphill & Associates in the amount of $187,101 for these services and adopt ordinance for budget amendment 09-087. Staff recommends a report to the Board of Commissioners be presented to illustrate design options prior ro approval to develop construction documents. ATTACHMENTS: Fee Proposal Board of Commissioners Meeting 11/10/2008 20-0 Fee Proposal Letter Budget Amendment 09-087 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-1, Commissioner Davis voting in opposition. Board of Commissioners Meeting 11/10/2008 20-0 SCOPE OF WORK FOR 128 BED ADDITION TO NEW HANOVER COUNTY JAIL QTY SF TOT CELLS 64 93 5,972 DAYROOMS 4 1,700 8,000 CONTROL ROOM 2 200 400 ATTORNEY VISITATION ROOMS 2 100 200 LAUNDRY 1 300 300 ELECTRONIC EQUIPMENT 1 200 200 STORAGE 4 200 800 MEDICAL CLINIC 1 200 200 PERIMETER MECHANICAL CHASE 400 1,600 GROSS FACTOR (MECH., ELECT.,CIRCULATION) 6,328 24,000 SF LINK 2,000 2,000 26,000 SF ASSUMPTIONS: The link will be connected to the existing secure corridor at the utility court area adjacent to Work Release Building. Construction shall be done using reinforced load bearing masonry, precast hollow core concrete roof planks, with masonry exterior. Space available in existing building for visitors side of video visitation * Civil engineering will include comments from July 30, 2008 letter. Civil costs will be determined after information on existing conditions is obtained. Calculations for civil work will assume a maximum building out of 1000 inmates. Board of Commissioners Meeting 11/10/2008 20-1-1 ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR 128 BED ADDITION TO NEW HANOVER COUNTY JAIL CONSTRUCTION COST FOR JAIL ADDITION $ 6,133,600 CONSTRUCTING COSTS FOR LINK ~ ~~~,ooo COSTS FOR VIDEO VISITATION ~ s~,ooo $ 6,397,600 FEE ARCHITECTURAL $ 298,346 MECHANICAL $ 54,788 ELECTRICAL $ 44,827 PLUMBING $ 44,827 FIRE PROTECTING $ 9,961 STRUCTURAL $ 45,325 $ 498, 074 * CIVIL ENGINEERING $ 36,500 PROJECT PHASES SCHEMATIC DESIGN $ 80,186 DESIGN DEVELOPMENT $ 106,915 CONSTRUCTION DOCUMENTS $ 213,830 BIDDING $ 26,729 CONSTRUCTION PHASE $ 106,915 Board of Commissioners Meeting 11/10/2008 20-1-2 HEMPHILL-RANDEL ASSOCIATES August 20, 2008 New Hanover County Attn: Max Maxwell, Sr. Project Manager 230 Government Center Drive, suite 160 Wilmington, NC 28405 RE: Proposal for New Hanover County Jail Addition Dear Mr. Maxwell: Please let this letter serve as a notice of intent to provide Architectural and Engineering services for the 128 bed Addition to the existing New Hanover County Jail. The scope of work and costs for services are enclosed herewith. Services include Architectural, as well as Mechanical, Electrical, Plumbing, Fire Protection, Structural, and Civil Engineering services. We propose to enter into an agreement with the County using a Standard Form of Agreement Between Owner and Architect AIA Document B 141- 1997 modified to suite the Project and the needs of New Hanover County. The services will include all necessary architectural and engineering work to plan, design, detail, and provide Construction Phase as well as post construction services. It is our understanding that the services will include master planning for a complete ultimate build-out to house 1,000 inmates on the campus. Civil engineering services for the 128 bed Addition will include necessary provisions for the ultimate 1,000 inmate campus. All construction costs shown on enclosed spreadsheets are based on our experience designing similar projects. The numbers have been escalated to our assessment of anticipated construction costs for March 2009. The Contract will be divided into the five phases indicated: SCHEMATIC DESIGN The Schematic Design Documents shall include a conceptual design, conceptual site plan, and preliminary building plans, sections and elevations based on the agreed upon program, scope of work, and project direction. Board of Commissioners Meeting 11/10/2008 20-2-1 Page 2 August 20, 2008 New Hanover County Attn: Max Maxwell, Sr. Project Manager DESIGN DEVELOPMENT The Design Development Documents shall be based on the approved Schematic Design Documents and shall include an updated statement of Probable Construction Costs, a refinement of the design of the Project shown in plans, sections, elevations, typical construction details, equipment layouts, basic specifications identifying all major systems and equipment and establishing the general level of quality. A colored rendering of the project will be provided at this phase. CONSTRUCTION DOCUMENT PHASE The Construction Document Phase shall be based on the approved Design Development Documents and shall include in detail the requirements for construction of the Project. It shall include Drawings and Specifications that establish in detail the quality levels of material and systems for the Project. An updated Statement of Probable Construction Costs shall be written at this time. BIDDING PHASE The Architect shall assist the owner in obtaining competitive bids, reviewing the bids submitted, and awarding the contract for construction. During the bidding period the architect shall respond to all necessary questions from prospective bidders, prepare appropriate bulletin drawings and addenda for the project. To help facilitate competitive bids, the Architect shall conduct apre-bid conference two weeks prior to bidding. The Architect shall distribute all bidding documents to prospective bidders. CONSTRUCTION PHASE SERVICES The Architect shall provide Construction Phase Services in according with the Contract Documents and shall represent the owner during this phase, review work done by the Contractor for compliance with the contract Documents and certify payments to the Contractor. The Architect shall prepare Change Orders as required and as agreed upon Board of Commissioners Meeting 11/10/2008 20-2-2 Page 3 August 20, 2008 New Hanover County Attn: Max Maxwell, Sr. Project Manager by the County. During construction, the Architect shall interpret the Contract Documents for the purpose of setting disputes concerning the intent of the Contract Documents. The Architect shall perform punch list and final inspections and will assist the North Carolina Department of Facility Services in their final inspection of the Project. The Architect will assist the owner in it move-in and training periods. The Architect shall perform an additional inspection prior the end of the one year warranty period required for the Contractor's work. As we discussed, the County has the right to terminate the project at any point during any phase. No compensation to the Architect will be owed beyond the services performed and the expenses incurred up to the date of Project termination. Please let us know any questions you may have concerning this proposal. We are looking forward to working with you and New Hanover county on this interesting project. Very truly yours, John A. Hemphill, AIA President, Hemphill-Randel Associates Board of Commissioners Meeting 11/10/2008 20-2-3 AGENDA: November 10, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-087 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-087 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: Engineering /Non-Departmental Ex enditure: Decrease Increase En ineerin Contracted Services $187,101 Non-De artmental: Contin encies $187,101 Total $187,101 $187,101 Section 2: Explanation To budget $187,101 in Engineering Contracted Services line item to fund Master Planning / Schematic Design(s) and Design Development architectural services by Hemphill & Associates for future expansion of the New Hanover County Jail campus from the current capacity of 672 to a total of 1,000 inmates at ultimate build-out. Prior to actions taken by the Board of County Commissioners at this meeting, the balance in Contingencies was $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 09-087, 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 11/10/2008 20-3-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 REGULAR ITEM: 21 DEPARTMENT: Governing Body PRESENTER(S): Chairman Greer CONTACT(S): Sheila Schult SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following Boards and Committees: Adult Care Home Community Advisory Committee Cooperative Extension Advisory Council Nursing Home Community Advisory Committee Zoning Board of Adjustment RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: CA-11-10-2008 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made: Adult Care Home Community Advisory Committee: Janet H. Locklear reappointed Cooperative Extension Advisory Council: Samona Taylor appointed Nursing Home, Community Advisory Committee: John Bilobran reappointed; Glynda Paternotte appointed to one-year term lnltlally, three-year terms thereafter Zoning Board of Adjustment: Eric C. Hickman reappointed as Regular Member; Noelle M. Winstead appointed as Regular Member; Michael D. McCulley, Jr. appointed as Alternate Member Board of Commissioners Meeting 11/10/2008 21-0 This page intentionally left blank. COMMITTEE APPOINTMENTS ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Membership: 18 maximum,l3mandated based on the number of facilities operating in the County Current Members: 15 Term:1 year initially, 3 years thereafter X11130111 } APPLI~ANT~ ELIGIBLE FOR REAPPGINTMENT Janet H, Locklear Attachments: Committee Information Sheets Application Board of Commissioners Meeting 11/10/2008 21-1-1 X NEVI HANOVER COUNTY ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Number of Members: 13 State mandated; May appoint up to 18 ~1 member for each permitted facility} The Adult Care Home Administrators may nominate one-third of the members. If possible, one member must be a person involved in the area of mental retardation. A County Commissioner shall be appointed to serve in an ex-officio capacity. Compensation: None, but may be reimbursed for actual expenses, Term: 1 year term initially; 3 year term thereafter Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Adult Care Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in-laws. See Volunteer Job Descri tion for more information. Purpose: The committee supports the spirit of the Adult Care Home Resident's Bill of Rights, visits adult care homes quarterly, promotes the well being of residents and encourages community involvement. Statute establishing Committee: N.C.G.S.131 D-31 Regular Meeting: Quarterly Meetings are held on the first Wednesday of January, April, July, and Gctober at 9:30 a.m. at the Cape Fear Council of Governments,1480 Harbour Drive, Wilmington, NC. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Mary K. Busbee Initial 4/18/05 4/30/06 8402 Emerald Dunes Road First 4/18/06 4/30/09 Wilmington, NC 28411 686-2763 (H) Samuel Cory Gore, Jr. Initial 1/22/08 1/31/09 6402 Guy Court Wilmington, NC 28403 256-2958 (H) 256-6097 (V1n Carolyn B. Hooker Initial 2/18/02 2/28/03 3102 Rachel Place First 2/17/03 2/28/06 Wilmington, NC 28409 Second 3/13/06 3/31 /09 799-5108 (H) L. Thomas Jennings Initial 11/21/05 11/30/06 415 Charlotte Avenue First 12/18/06 12/31/09 Carolina Beach, NC 28428 458-2584 (H) 619-0762 (C) Janet H. Locklear ~ ~ Initial 11/22/04 11/30/05 6130 Inland Greens Drive First 11/21/05 11/30/08 Wilmington, NC 28405 798-8117 (H) Board of Commissioners Meeting 11/10/2008 21-1-2 ADULT CARE HC?ME COMMUNITY ADVISORY COMMITTEE PACE 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Lorraine McEvoy Initial 8/14/06 8/31/07 121 Spartan Road First 8/13/07 8/31/10 Wilmington, NC 28405 784-9325 (H) Sandra Oglesby Initial 12/18/06 12/31/07 1508 Rock Hill Road First 12/17/07 12/31/10 Castle Hayne, NC 28429 675-8040 (H) 452-8200 (V1n Ginger Hill Page Initial 12/20/04 12/31/05 3927 Appleton Way First 1 /23/06 1 /31 /09 Wilmington, NC 28412 397-9367 (H) 538-8008 (C) Oliver F. Schreiber Initial 8/14/06 8/31/07 121 Spartan Road First 8/13/07 8/31/10 Wilmington, NC 28405 784-9325 (H) Nadine Shipman Initial 12/17/07 12/31/08 6307 Stra~eld Drive Wilmington, NC 28405 791-3503 Judy B. Smith Initial 12/17/07 12/31/08 517 S. Fifth Avenue, Unit A Kure Beach, NC 28449 901-578-9009 Martha H. Stein Initial 7/24/06 7/31/07 2203 Marlwood Drive First 7/23/07 7/31/10 Wilmington, NC 28403 762-1125 (H) John Charles vens (Transfer from Nursing Home Initial 8/18/08 8/31/09 3912 We ishop Court CAC 10/06/08) Wil ton, NC 28412 }~, ~,~,~,d l 0~ 2~ L7~ -7570 (H) 392-7970 (W) Cecil W. (Woody) Sutton Initial 7/24/06 7/31/07 50 McEachern Court First 7/23/07 7/31/10 Wlmington, NC 28412 512-1612 (H) 962-7074 (V1n Brenda Lee Williams Thomas Initial 1/23/06 1/31/07 1514 Flushing Drive First 1/22/07 1/31/10 Wilmington, NC 28411 790-3290 (H) 762-1177 (W) Revised: 10/7/2008 Board of Commissioners Meeting 11/10/2008 21-1-3 ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE PAGE 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Karen McDowell Vincent Initial 1124106 1131101 113 Fayetteville Avenue First ?123107 1131110 Carolina Beach, NC 28428 458-5620 ~H} Joanne P. Upright Initial 12111101 12131108 6049 Inland Greens Drive Upilmington, NC 28405 194-4002 ~H} C4G Lang Term Care Gmbudsman: Harvin Quidas File: Adult 1480 Harbour Drive, Upilmington, NC 28403 395-4553 Revised: ~ oi~~2oo8 Board of Commissioners Meeting 11/10/2008 21-1-4 1~f ilV F~AN~ ~lfR C~~JI~~~' SDARD DF ~CD~11fU1~'~551~1~~'RS 32D Chestrru~ Scree#, f~aam ~~5 lA~ilmington, !~~ 2Et4D ~-~D;~3 Telephone ~9 ~ D] 391-7 fd 9 fax ~~rfl~ ~~1-~r3o s Board~~ommltfee: ~~~~~~~ff A~~L~CA ~~~~' ~~,-- ~ ~ rig. ~ r~~~ ~~dC~~ 1 .- ~~~~ C~ a 200 N~~ " ~~ ~ rr~N~Fe;.~'~ ss oNF.Rs ~~ Name: .~, ~~ 4~~. ~ ~ ~. - Home _ ~~Str~etl ~~Cit}-1 _ '' ~~p ~Gad~l Marling~ddress If drtfer~erat: .. ~~ -- ..-. - ~~Gixy) (Irp :c~d~~ Home Ph~rte. L~' ~ r B11SIAesS ~I~Dl~E; I ~~ ~ ~ 1 dears li~rin~ In ~ ~ Male: Female: ~ J4ace: ~,- ~ New Hane uer Cann. [`.a 5 ,~,`I ,~9e. ~ (Informatl on ;for the ~urpvse ~f ~ssuriny s cress-section of #h~ cvmmcrnit-~+) Employer; t~ (~4 person currerr~ly ~mploy~d by the ngenc~ ~r departmen.t for ~±iiich fl~is ~pplica~ion ~s~~ne~fe, must resign.~hls/iier posifrot~ with New Hanauer bounty upon ~peeintmenf, in ~ccnrdance witfr Arficfe Y1, 5sc. ~ of the flew Hano~r~r ~CoUnt~r ~°~ersnnnsl ~~lic}r~) Jf/Y ~3 ~l fir ~~ ~ i.~... ~ ~ Pr©fessianalActlvities: ~~~ ~ ~'~ VolUnteel AC# vl~tles [.f ~ C~-~ ~~y ado }~QU ~rlsh to ser.~.e .o~ thls hoard/~~rxrmittee? ! ~ y ~ r ~ ~~ ~ ~ wC~ , y 4 ~~ ~ y 1 ~,,J/y V 4~ ~'~ 1..~ ~ ~ ry 1 A~ ~ 1 yy.~ '~ IV Y' ~ W ~ ~ i /~ ,~ ~ ~1 ~ ~ ' o l ~ y n 1~ ~~ r ~enflrct vf~lntsrrst; !f e:buard:merraber ~elieues}re%s1ae, lass ~ ~onf(ici ~ : . eniia c nfliet~~f ir-terest~r, ~ partr~uler:issue, *iast~tnember shnvl~' tat~e this ibeliefi #n ~Ye other members ~f hi~lher.res~ecti~ve~oard:during~ pUhlic~mee#in~. The °mernb.er should safe the nature ~vf fhe ~caraflic ; ~~efi$iliRg #ha,t ~he~si-e has a separ,et~e, pri~ve~e yr monetary inter~rt, .either.~direat~r~r ~r~drr~cL, in :tfe issue ar~der ~nnsiderafi,or. Ths ,member sha~tid 1'laen ~exeuse himself/herself ~r~am ~-ating on the rraa#ter. What areas of .concern w°o.~l~ ~~o ~ilCe #a see .addressed ~~ this ~oml~rttee? ~r C.~t. ~e. ~uali~cafia~s fur ser:~ing.• ~ ' ~ ~ ~ !L tip. t~S ~. ~ ~ ~~ ~ ~ ~ ...~ ~ r~ ~ ~=~4"!~ I~ ~ ~ l~ JU ~s J r~J ~C Y' ~ ~ --- - ~ _- ~? O ry~ ~'.~ r ~ ~:f~er rntrr~icipal or county h~aar.ds~~arnrnittees nr~ wf~ich yap are ser~r~ng: ~~? ~~ ~'#~ree Kcal persct~al refer~ence.~ a~.d phpr~e ~~m~ers: . Date: /I ~ ~a r~ w- ~ /~ - - _ Sign~~t~.~r ~ ~ ~~=~ Applications are ~~pt ~n iile for ~~ months Board of Commissioners Meeting 11/10/2008 7 3 21-1-5 This page intentionally left blank. Board of Commissioners Meeting 11/10/2008 21-1-6 COMMITTEE APPOINTMENTS COOPERATIVE EXTENSION ADVISORY COUNCIL 6 Vacancies - 3 year term - 51311~0~ 1 Note: Vacancies have been advertised since April.} APPLICANT: Samona Taylor Attachments: Committee Information Sheets Application ELIGIBLE FoR REAPPOINTMENT Board of Commissioners Meeting 11/10/2008 21-1-7 NE1N HAN~VER CGUNTY COOPERATIVE EXTENSION ADVISORY COUNCIL Members: 16 At-Large; Appointed by the County Commissioners Terms: Appointments are made forthree years. Purpose: Parkicipate in and support Cooperative Extension programs and events. Cooperative Extension is a partnership between New Hanover county Government and two Universities: North Carolina State University and North Carolina A & T State University. Primary responsibilities of the County Advisory Council are to: 1. Provide input and direction for overall educational programming conducted by Extension Staff and volunteers in the areas of horticulture Arboretum}, 4-H Youth Development, Family and Consumer Sciences, Coastal Management, Environmental Education, and Urban Forestry. 2. Serve as an advocate in support of Cooperative Extension with citizens, community leaders, and elected officials 3. Foster relationships with other related organizations and agencies Meetings: Four times yearly, held in auditorium at the New Hanover County Arboretum Statute or cause creating council: Cooperative Extension Director requested County Commissioners appoint members 112312006. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Durwood Baggett Initially by Ex-Officio 2324 41st Street, Apt. 323 Cooperative Ext. Wilmington, NC 28403 NHC 1/23/06 790-9580 (H) Sheila K. Chase First 12/16/06 5/31/09 255C Beasley Road Wilmington, NC 28409 70-6024 (H) 799-3435 (W) Ted Davis, III First 6/16/08 5/31/11 2409 Shirley Road Wilmington, NC 28405 520-4344 (C) Steven H. Everhart, PhD. First 5/15/06 5/31/09 1701 Canady Road Wilmington, NC 28411 686-2673 (H) 796-7436 (V1n Board of Commissioners Meeting 11/10/2008 21-1-8 COOPERATIVE EXTENSION ADVISORY COUNCIL PAGE Z TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Beryl Glover Initially by 5/31/09 4953 Wythe Place Cooperative Ext. Wilmington, NC 28409 NHC 1/23/06 397-9033 (H) Second Ann Hilburn First 12/17/07 5/31/10 1422 Wagon Court Wilmington, NC 28412 792-6767 (H) Jewell Hobbs First 8/18/08 5/31/11 5009 Birds View Court Castle Hayne, NC 28429 675-3449 H 799-2900 Tim Kendall First 12/18/06 5/31/09 2418 Oban Court Wilmington, NC 28411 796-6602 Khalilah L. Thrower First 10/16/06 5/31/09 324 Hibiscus Way Wilmington, NC 28412 452-4081 (H) 392-7656 (VV) Margaret Whisenhunt First 9/17/07 5/31/10 928 Summerlin Falls Court Wilmington, NC 28412 799-7066 (H) 612-1659 (VV) Director: Melissa Hight g/pg Cooperative Extension Service File: /Cooperative 6206 Oleander Drive B/C #N/A Wilmington, NC 28403 798-7660 (O) 798-7678 (Fax) Revised: 91~ 012008 Board of Commissioners Meeting 11/10/2008 21-1-9 27-DGT-2008 03:15P FRDM:PRDFDRMA DDC MCMT TD:7987145 P,2f4 ~ ~. ~t'~~ ll~~tlrt~ r,~r ('r~~lnt- litl~~l~d ~tfi'nlrlt~ri~sir,lilclr~ (`I~11~11'!'~!'l~:F' I1'!'LI(`:1"!'I(ll~ ,. R~IttrlllC'rlntrttitt[~r: Cooperative ~xtenaion Advisory Cauncal '~;rlltr.: ~attlona Taylat: I h-Ine .. .Illlir•t'ca; 313 Ann Strut W,~lm~llgton X8401 I\kll+Tl 111111 ~/ill/ nili r 11;tililt;; ~I~ltlrr~• il' rlil'ti't~[lnl: E-MIIiI "tlltlt'r~~: mt~aylor~pxoformadocumonts :cam Home Phone: 910-204-403 Fox: Cell: 910-240-4432 8usines8; 914-796-'3949 1[';I!'~ I.i~in;;itt ~['[~ llatt111[~t' ~ nurtlr: 3 1l,tlE': Fcnl,tlc~: i I;stc[': Caucasian l~,t,: 36 (li}1+1111I,111H1117•I ll~i Illllll~f~l' ril,lti-111'lild (1'ri11 ~14111~11 ullh~~{'+Illlllllil11111 I~;litllltl~[+r; ~rofotctn,a Document idanagement 8erviaes, T~,c, . I 1 to I •r+rr I nrl enlll 1111trlel-l d I~- !hl a;;Yhll I+r 111'll;~l'llllrlll Ill 11hIr11 Illf~ :+p1111i,~llnp 1~ ill.lllr Ihnrl I'~.-I~„11 Ill+ hi r hl-~Ilil-n ~1ikh ti 111 ttllllnl YI i ~aluly Irp~gl jpll„q}lin~.lll ul ,llluf dal-~. 111111 lrlu 1t 1 I. tir1 tl+'.11 i +~1 Ihl \,n Il tu~lti+ 1 (I~gt11ti I'l ru+llpri l'~-1111 1 OCCUpalton~ V~cr Prorl~dent of B1.~aancrjs Dovelvpmo:st I't~-I't~~~illtt,tl .1[~ti- i1 i[~w: 1'rllllnlt+~'r'a~tirttie~: Chair, ~'anuly Camm,~tt:eq, Residents of D~.d wa.,lm~.ngtan ~ a ass~ana a a.ntexast; sn inter overnm,ent.~.«T~ ., It h~ II+1-inl ri ill tII ~tt'til. uli Illi~ 11u;11'lh~+lntinillar . h~vo . .P 4 ..v.,._._--.. al xelatiens a it relatl*r to education end commurr<xty development. L17nl~I~~f lal {nr~rt'sl ... .. , j ~ ' ... .. .. .~. ....., ...1 .... .. .''~ ...' ........A'..... .. ~ 1' 'r ' . ~• 111t,tt ;tt'[°;t~ nl` [`,Ittct't'tt -[ tlult! 1111 lillr to ~~~~ lulll~c~s~eli I>~ Iltn r~lllulllitll'r:+ T would like to encouxage tncroasad community p~x4:~r_1pat~on to provide input oq how we can help our atudanta auoceed+ [1tl;tlil'i[~atinu~ t+Ir ,['hittC: uNC'W Alumni, aotive ~,n my community and :11*ighborhood, marnbex Graduate Student AssoC~.atlon, and T would bring 10} yeax's experience ~[arketing ~n business wa,rld, ~~Ihc'rlll~llli~illltlul'cllti,~tt~ 11~1,11°ilalr'r~lttlltil[r~,+ll~ ~+IIiC~11 ~+I~I,i~'~ ~~I~il~~; e on ,.. .. .. .._ ~i~t Iltl'[~i+ hrt~tll lu~l•~Ilrt~ll rel'[~t•eltrr~ ~tu~l I-ltllrtt Itutttllri"•: OCT ~ ~ ~40~ I. Dr. Dori Habab~r UNCW Prof+~ssor, {910) 962-3836 stove Taylar, ret~xod mag~,atxato ~9lOl X51-Z1 ~~W 4~~N~VER ~~. .. .. ... BD. fli: ~~M~I~~~~10NE 3. Dan Cams.cha, neighbor 191Dy 297-5454 Il;tl[+: octolaez 2'~ , 2008 ~iwll;ltnl lllpln,llluu- dlr ~Ipl ~~11 fllr lul 1!1 III+~k-1IT~ ~-~rcR ulli lur ,Idllillml,ll lap/Inrnh Board of Commissioners Meeting 11/10/2008 21-1-10 ~7-~~T-008 03:15P FRdM:PROFORMA D0~ MGMT T0:79$7~~~ P.3~~ 5amon L. T a a for 313 Ann Street, w'il~riing~an. Nt' 78401 910 200(132 ~amn~~~bc~m+`ri~y~hc~a aam Fx~ER~clvcF, Feb.100N -Present Vlc~c- Prt~~~iclent, B~~cinecs Aer-elnpnrent Prn~nrnin Uncuifiejrt Mn~~Er~enre~~t Services, Inc. - Wilmr~r,~itui~, N~" Profi~rma is a for»>s automation ar~d document management SaaS ~Sof~warc as a Scrvice~. ~['he company has de{ivercd document management software solutions to Cisco Systems, Intel, Wells Fargo dank, American Express, Charles Schwab, MCI, Universal Studios, Claremont, NBC, and General Electric. ~ Directly manage major and critical developing c{lent accounts, and coordinate t#~e management of all other accounts. • C'rovide leadership and coordination of all aspects of company sales and marketing functions. ~ Develop and coordinate safes cycle and methodology. • Supervise the planning; and development oa'company marketing and communications materials, as well as tl~e preparation, issuance, aitd delivery of sales materials, exhibits, and promotion prnbr;~ms. ~ Manage web site redesign team to a successful implementation. • Demonstrate a clear understanding of the customer's business to create a strong value proposition by highlighting p~•oduct with appropriate benef t statements. • Coordinate trade sl}uw cuntracts, logistics, and team at major industry conferences. ~ Attend and participate as a representative of Proforma in regional and national health care industry conferences and trade shows, presentations, meetings; sales processes and functions to include Requests for Proposals, and etc. • Develop useful software partner channel contracts with Xerox, Microsoft, aid otl~ers. • Optimize search engine relevance and rankings through link exchanges and guerilla marketing Feb.10l1,3 -1 eh.1~1~1.5 Prnjec~t Mnur~;~er U-rlsnir Site Mnila~rc~»rent, ~.l.['- Lns Au~~c~lc~s, C~4 Corporate tle~rdgrrrrrter,4 -New Yr-rk, NY Unison Site Management, by investing in wireless communications towers through the mass purchase of leases placed by wireless providers, intends to be the largest private wirc{ess leaseho{~ler iii the U.S. • Led team oi' S business developers in identification, analysis, and negotiation of wireless lease purchases for specialty Rea# Estate Invcstmcnt'l'rust (REIT~ ~ Managed entire transaction lifecycle, includinb prospect data collection, relationship management, and deal execution ~ Reported directly to tl~e f rm`s Managing Director, and indirectly to Soros Private Equity Partners, the firm's primary investor l~ec.lillill . i~ec~.1001 F,~~~litilr ati~ n Secr~nr! Lair~rurt~re Ru~s•t~ress Cnnc11 ~ Politir~! Conti=u~~rr~~~ Spolccnost U.S.A. - Prague, CZ • Recornmcnded detailed, scenario-specific strategies by applying geopolitical and game theoretic perspectives • Delivered tactica{ action plans desisned to implement these strategies • Served as primary point-ot=contact l~ar High-level negotiations For examp{e, between Ld Meese and the Prime Minister of Czech Republic} • ldentif ed and recommended prospects to fill government posts C~'f rc~r~ts inc•1 ~rr~i~~!' # European Union "transition Tt~arn, Czech Republic ~ Czech Ministry of Industry ~rnd ~'rade Czech Ministry of Forestry and Agrieulture • Governor of Bohemia • Newton Financial (investment f rm~ Board of Commissioners Meeting 11/10/2008 21-1-ll 27-OCT-0000 03:15P FROM:PROFORMA DOC ~1CMT T0:7~8T145 P.~~4 ~ S,~tMr)N~t L. Bt:~rM RN,~ti~~tt~; Pf1G ~:1 Jnrr. ! 996 ~- Mny 11!0!1 lrrrle~erulerrl Corrrpuler Carr~srrllnrrl Self-er~rpluyerl - La.~~ Angeles, CA • Specialized in leading client's tra~~sition to ne~v sct~ware with a varied list of clients from construction to entertainment Frets • Ctrstam d~itabasc design for client payment schedules • Computer training on-site for professionals • I~`ull charge bookkeeping services • Restructuring of off ce systems, and selec~:ion of new hardware and softwirre f~er.1991- !)~c. 9S JNRrrnger, Firru,rc~e & Cnnrntrr-rica~ln-rs Trnrisr'trctrr Norrse ~- Srrrrlu Brrrbnrn, CA ~ Responsible for final management systems far this non-profit with an annual budget of over $ I .S million • In-house support to private sector and government auditors • Reporting; for private scctar and government grants • Full charge bool;keepifis • Grapl-ic design oi'71l commu~~ications material: c,g. direct mail solicitations, annual reports, and newsletters • Liaison to the Board of Directors ! 991 w 1942 A~tisrsrnrrl, Pr!-its & lNu.~~trnter! honks Museur~r of Mnrleri~ Arr - Nero Yark Cir;y, NY • Basic administrative position • Assistant to Riva Castleman, Director of tl~e Prints and Illustrated books depa~~ment S~r~al,s C~ulst~~ndingpublic speaker • Key speaker at Prague's March of Remembrance (post-Sept. I l } • On average, gave si±c or t~~ore enterprise-wide sales presentations every week in 2004 and 20U$ Accampl fished writer • Published columnist in Tlr~ 1'rcrk~re l'c1.5'! • Published alts comment7tar for urrVC)!t'G, a New York arts magazine • Wrote all public relations and grant material ~'or ZaMir, a U.N. funded non-profit Af'A11N;h11C Arv~ItDS Chancellor's List, Spring 2007 UNC-Wilmington Dean's E.ist,1'all 2000 UNC-Wilrningto~~ CAS Scholar, Fall l98'~ New York University CAS Scholar, Spring 1990 New York University Lr?ADCRSIiII' Cllairwurndn, Fan~i[y Committee, Residents of old Wilmingtal ~2D07-present) President, Neighborhood Parents Group ~200d-present} Graduate Student Association MPA Representative, UNCW Leadership Conference Fall ZODB) Member, TrafFc Committee, Residents of Qld Wilmington (200?) lnt~rnational Women's Society, Prague. Czech Republic (2041-02~ Grganizer of the post-Sept. ! 1, March of Remembrance in Prague (2001 ~ VOI.t iN'I'I;F~R WUHk Obama•Biden Campaibn (2418) Grant-writer for 7aMir, an NGO in Zagreb, Cr~aatia (Sunu»er 2002} Stand-Up for Kids, a national U,S. non-profit which aids homeless children. (1998-20(10) '~rhe Wcstside Children's Center, which focuses an providing assistance to Las Angeles area F~~milie5 involved in the fostCr-care system. (1999-2001)), Other volunteer work includes: Tl~e ME~seu~~~ of Modern Art (New Park City); `f he Multiple Sclerosis Society; and Project llrjgel Food. Board of Commissioners Meeting 11/10/2008 21-1-12 COMMITTEE APPOINTMENTS NURSING HOME COMMUNITY ADVISORY COMMITTEE State Mandated Minimum Membership: 9 Maximum Membership allowed by State Statute: 14 Current Membership: 12 Term: One year initially, 3-year terms thereafter X11130111} APPLICANTS: ELIGIBLE FOR REAPPOINTMENT John Bilvbran X Glynda Paternotte Initial 1 year term} Mr. Bilvbran was appointed 811310? to a one year term, In May 2008 he requested a medical leave of absence and was not reappointed when his initial term expired in August. However, he has notified the office that he is able to serve again, The ombudsman far the committee has recommended that Mr. Bilvbran be appointed to a three year term since he has completed his training, ADMINISTRATORS' NOMINEES None Attachments: Committee Information Sheets Applications Board of Commissioners Meeting 11/10/2008 21-1-13 NEW HANOVER CQUNTY NURSING HQME COMMUNITY ADVISORY COMMITTEE Number of Members: 9 State mandated; may appoint up to 14 based on the number of nursing homes. The Nursing Home Administrators may nominate one-third of the members. Term: 1-year terms initially; 3-year terms thereafter Brief on the functions: Each member shall be aware of the general conditions under which the persons are residing in the homes, and shall work forthe best interests of the persons in the homes. This may include assisting persons who have grievances with the home and facilitating the resolution of grievances at the local level. Each member shall make quarterly visits to the nursing home it serves and more often if it is necessary to carry out the duties. Statute or cause creating Board: N.C. General Statutes 131 E-128 Qualifications: Must be a resident of New Hanover County. No person or immediate family member of a person with a financial interest in a home served by the committee, or employee or governing board member of a home served by the committee, or immediate family member of a resident in a home served by the New Hanover County Nursing Home Community Advisory Committee may be a member of this committee. Immediate family is defined as mother, father, sister, brother, child, grandmother, and grandfather, as well as in-laws. See Volunteer Job Descri tion for more information. Regular Meeting; Quarterly Meetings are held on the second Tuesday of January, April, July, and October at 4:00 p.m. at the Cape Fear Council of Governments,1480 Harbour Drive, INilmingtan, NC. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Joan Barbara e Initial 9/21/98 9/30/99 109 Cro Circle First 11/15/99 11/30/02 Wil on, NC 28409 Seco 11/30/05 7 -4574(H) hird 11/21/05 11/30/08 John E. Brett Initial 6/20/05 6/30/06 325 S. Third Street First 6/19/06 6/30/09 Wilmington, NC 28401 762-7295 (H) 815-3497 (VV) Julie Brewer Initial 6/18/07 6/30/08 3107 Durbin Court First 6/16/08 6/30/11 Wilmington, NC 28409 799-4325 (H) Kristi Dews Dale Initial 2/18/08 2/28/09 1312 Legacy Lane Wilmington, NC 28411 681-0365 (H) 540-0706 (C) Catherine Davis First 9/22/08 9/30/11 5613 Greenville Loop Road Wilmington, NC 28409 395-5512 (H) Board of Commissioners Meeting 11/10/2008 21-1-14 NURSING HOME COMMUNITY ADVISORY COMMITTEE (CONT.) TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Dorothy L. Grime Initial 12/15103 12131/07 5583 Wood Duck Circle First 1124105 1131108 Wilmington, NC 28409 Second 1122108 1131111 350-4672 ~H} Faye Griffin Hoffman Ini#ial 3125!02 3131103 162 Partridge Road l P.O. Box 3681 First 3124103 3131146 Wilmington, NC 28406 Second 3113106 3131109 392-6873 ~H} Patricia Lawler Initial 6118107 6!30108 602 Walnut StreetlP.4. Box 1169 First 6116108 6130111 Wilmington, NC 28402 763-8239 ~H} Mary Ann Lewis Initial 3124103 3131104 8 Merrimac Drive First 3122104 3131!07 Wilmington, NC 28412 Second 3112101 3131110 791-0523 ~H} Susan Moriarty Initial 2118108 2128109 1509 Dog Whistle Lane Wilmington, NC 28411 790-0248 ~H} 631-374-3289 ~C} D. Alton Parker, Jr. Initial 5121140 8131101 318 Golden Road First 8120141 8131104 Wilmington, NC 28409 Second 8116104 8131101 392-3514 ~H} Third 8113107 8131110 Denise L. Shuart Initial 8113107 8131108 111 Florida Avenue, #16 First 8118108 8131111 Carolina Beach, NC 28428 61 ?'-7005 Cell} Doris L. Walters, PhD Initial 8118108 8131109 5006 Carleton Street, Unit 113 Wilmington, NC 28403 395-5512 4H} Members Nominated by Nursing Home Contact: Harvin Quidas, Region 4 Long Administrators; None Term Care Gmbudsman Cape Fear Council of Governments 9480 Harbour Drive, Vllilmington, NC 28409 395-4553 alas File: INursin , BIC #22 Revised: 10/7/2008 Board of Commissioners Meeting 11/10/2008 21-1-15 zoo ~ a ~~zoz NG~I- I~/'MI1-1~~~ LrViJl~1 1 ~~"-~~1~'ti so~~ o~ ~oMn~rss~oN~~s ~° ~ ~~ 23D Govrn~rre~r Cenrer Drvq, Suite t 76 Wllmfn~ton, NC Z$aQ3 ~0~~l~~~ ~~~~r~~ ~~~~ ~ ,~ releohone r9 t0179~•7149 F,ax r9~oJ rs~•ri~ • rVl~li~ C~mitree: I ~fIl~ S o d"I i~oard/ --~ Nsme: ~D~N ~ /1..0 !3/1A~1/ - ~M~: ~.b/l C~'!/?aY1,~~~1~liU !~' .1'1~'~ ~~ A~.~: ~ ~ OS PiRo~ ~DEut~2D u~1L~ ~ -~~cl * ~ ~~k ~ (ylnretl IGryJ ILp CodN Making Add-+ess if differ~-rt: - . CCnyj alp Goo~1 ~o~ ~: ~a ~ G ~ ~s~ Fax: ~~~ ~~ ~ c~r.~ ~~~-~9~ ~ I~~ . ev~~~s.• ,, . ~a'e~ ~~~ .. r New Hanover County: INeie: ~ Fe~mel-e: r__~._ sacs: ~~~ Age: 1lnfavma~an for tha purpose of e~d~p a cross~se47r'vr~ of the canmu-rityj F.i1~,prDy9r; ~~l ~~ . . IA yesrsan cwrorrtly employed by the agetacy or depalb~nt for wiNCh uas eppJi~n is ma~d~, must r~gn his/her posib'ae Mn~ New Hanover County upon apypaintmen~ in accandance with Argyle Vl, Sec. 4 of die 1Vew Hanover Cot~ty Pbr~pnnel Pblicy,J pa~wps~ion: ~ovTY Assisfi~6~,T- ..~NsvEC~e.. - ~v~~c~at~ p~vfionel Ac[~ri'ties- Yolanteer ~4cbvides: ! ~~.I ~ ~ ~ u ~ ~N Wh do w~fr to serve on t~i.~ board/oommltte~eT ~ "~ `'~ ~. u t Y Y+~- Conl~t Ol blt~-~t': If o boer~d mernoar bNlavms h~/~he 1Ns a ~onllkt or pvt~trsl ~ontlkt of lnter~ on a p~rorculer ~ssut. that member shorNd stafa thls belief ro the other me-nbers ~f hl~/lfrr reevcctlve Doerd damp a Audit maatkip. The member shordd ate dre near of ~ ~ ~ tfirr Add has a s~p~, pnvnr or monetuy ~ eld~ar direct nr indlr~G !n for y cor,~id~ation. 7hG e-ember should then exaux hfnrsa~i~hensaff from v+aTlrtp as the matrsr. What ernes of concern would you -~Ik1e to see addressed by tIu"a ~mn~itiee? As for smrvin . ~ ~~" ~ ~~ ~ ~~ --~ ~~~V~ other muni~ip~el or car~nty boer~s/co~mrrdtteas orr ,~rl~urll y~ any ,>~: ,t,ist #hrea /o~calpersonal an~dpbone numbers; 1. ~~ ~~~~ JD ~~ ~- CaZ~ 2. ~~ r ~"~ ~l a ~~ ~ ~y! 3. ~ ~~ ~ ~~ pad; ~ ~~ Signature Agp~faed4ans ere kept on ~e for r8 rnonihs Board of Commissioners Meeting 11/10/2008 zoo ~ a ~e9z 5sE oxs 21.1.16 ewo ~~:5~ eooz-~z-i~o s, New Hanover County 230 Government Center Drive Board of Commissioners COMMITTEE APPLICATION site 175 Wilmington, NC 28403 Telephone: (910} 79$•7149 Fax: (910)79$-7145 BoardlCommittee: Nursing Home Community Advisory Committee Name: Glynda Paternotte Home .418 Lansdowne Rd Wilmington NC s 28449 Address. (Street) (City) (Zip Code) Mailing Address if different: E-Mail Address: glyndap~ec. rr. com Hnme Phone: Fax: Cell: 616 9515 Business: Years Living in New Hanover County: 25 Male:: Female: '! Race: White . 56 Age. (Information for the purpose ofassuring a cross section of the community) Employer: self (A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.) Interior Designer -Senior Living dccupation: Professional Activities: interior design of Taylor Estates Senior Livi~ig Volunteer Activities: none Why do you wish to serve on this boardlcommittee? strong interest in senior living . Want to serve the community by offering my knowledge of senior living. Conflict of Interest: !f a board member believes he /she has a canfir'ct or potential convict of interest on a particurar issue, that member should state this belief to the other members of his /her respective board during a public m eeting. The member should state the nature of the conflict, interest, either direct ar redirect, in the issue under can siderafian. The m ember should fhen excuse himself I herself froamJVOtrngtanethe maatf a separate, private or monefary What areas of concern would you like to see addressed by this committee? review current nursing home environments, ensure quality care, develop improved social systems Qualifications for serving: $.A• Sociology, AAS Interior Design, passionate interest in senior living, 25 years in medical management, 56 years on this planet Uther municipal or county boardslcommittees on which you are serving: None List three local personal references and phone numbers: T ~ 8 ~4~8 1. Ernest Fernandez 392-2518 ~~ 2• Jane Burchfield, QTR 616-6769 ~~~~ ~~~~D~~~R CO. ~. 3~Mary Farmer 784-7456 Date: ~c tober 2 7, 2 0 0 8 Signature: Applications are kept on file for 18 months Use reverse side for additional com meets Board of Commissioners Meeting 11/10/2008 21-1-17 This page intentionally left blank. Board of Commissioners Meeting 11/10/2008 21-1-18 COMMITTEE APPOINTMENTS ZONING BOARD OF ADJUSTMENT 3 VACANCIES (TERM 12/1/2011) 2 Regular Members 1 Alternate Member APPLICATIONS A. Michael Chambers Ellis R. Forest llf Eric C. Hickman H. Scott Kennedy, Jr. Steven A. Logan Michael D. McCulley, Jr. Joe Miller Noelle M. Winstead Attachments: Committee Information Sheets Applications ELIGIBLE FoR REAPPOINTMENT X Board of Commissioners Meeting 11/10/2008 21-1-19 NEVI HANGVER COUNTY ZONING BARD GF ADJUSTMENT Number of Members: 5 plus three alternates Ex-Officio: Planning Director Term of Gffice: three years Regular Meetings: Fourth Tuesday of each month at 5:30 p.m. in the conference room at the Government Center, 230 Government Center Drive, Suite 110, Vvilmington, NC. Compensation: $20.D0 per member per meeting plus auto mileage Statute or cause creating Board: N.C. General Statutes 153-A~345, 266.17. The Commissioners increased to 3 alternates 11/21194 officially 411196}. The Zoning Ordinance requires members to be appointed from different areas within the County's zoning jurisdiction. Brief on Functions: The Board of Adjustment is a recognition of human frailty. If it were possible for the legislative body to write a perfec# zoning ardinance which would meet the needs of the community while at the same time avoiding hardship in individual cases, there would be no need for this board. Because that has been found near impossible, the Board of Adjustment has been introduced as an integral part of almost every smoothly operating zoning enforcement mechanism, serving as a "pop-off valve" to relieve pressures resulting from hardship cases, In New Hanover County, the duties of the Board fall into two general categories: Interpretation and Granting Variances. inter retation: The function of the Board of Adjustment which is most closely similar to that of the courts is interpretation of the Ordinance. This function involves ~a} interpreting the meaning of parts of the Ordinance which are unclear, fib} applying the Ordinance to particular fact situations, and, if necessary, ~c} correcting any mistakes or abuses of discretion which the Building Inspector may have made in administering the ardinance, In exercising this power, the basic principle for the Board to keep in mind is that it must not vary the ardinance. Its function here is to interpret and apply what the governing body has written, not to vary that legislative pronouncement to fit its own ideas. Its decisions must be in accord with what the Board believes to be the actual meaning and intent of the Ordinance. Grantin~of Variances: General Statute 153A-345~d}provides that, "when practical difficulties or unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment may, in passing upon appeals, vary or modify any regulation or provision of the ardinance relating to the use of land, so that the spirit of the Ordinance is observed, public safety and welfare secured, and substantial justice done." Basically, a variance is a permit, which the Board may grant in cerkain situations, enabling a property owner to make use of his property in some way which is in conflict with the literal provisions of the Ordinance. Sometimes a lot so small or sv peculiarly shaped that the owner would have great difficulty in complying with the yard requirements and yet erecting a suitable building. Sometimes contours of the terrain are such as to create hardships in complying with these requirements. Sometimes the lot is located in a cluster of nonconforming uses which wiCl prevent the owner from securing any reasonable return from his land if he complies with the Ordinance has where a lot in a residential district is surrounded by nonconforming business structures}. When the Board grants exemptions from harsh provisions, it is "granting a variance." Board of Commissioners Meeting 11/10/2008 21-1-20 NE1N HANOVER CaUNTY ZONING BDARD OF ADJUSTMENT PAGE 2 Finally, it should be noted that there is a good bit of "law" connected with the duties and responsibilities of the Zoning Board of Adjustment. This is understandable, however, when one considers the importance of its decisions which expand or limit property values. These are issues which must not be dealt with casually or arbitrarily. The above has been largely excerpted from the Zoning Board of Adjustment in Nor#h Carolina by Michael B. Brough and Philip P. Green, Jr. TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Robert F. Cameron, Jr., Vice-Chair First 11/19/07 12/1/10 5119 Nicholas Creek Wilmington, NC 28409 313-1961 (H) 762-9635 (W) Eric C. Hickman '~ Unexpired 4/21/08 12/1/08 2027 Gray Walsh Drive Wilmington, NC 28411 256-2219 (H) 793-4400 (W) Michael S. Jones, Chair First 11/97/Q3 12/1/06 2220 Splitbrook Court Second 11/13/06 12/1/09 Wilmington, NC 28411 793-9703 (H/VV) 352-3469 (Cell) Dan Weldon ~~ 3601 Ow roft Court ~ ~P'°~ _~ First 11/21/05 12/1/08 Wilm' on, NC 28409 7 -1050 (H) 794-8699 (V1n Peyton Williams First 11/19/07 12/1/10 651 Walston Drive (28412) P.O. Box 15527 Wilmington, NC 28408 798-0774 (H) 798-0021 (V~ ALTERNATES: Unexpired 7/24/06 12/1/07 Peter M. DeVita First 11/19/07 12/1/10 1336 Heron Run Wilmington, NC 28403 509-3055 (H) 262-2113 (C) Tim Fuller First 11/22/04 12/1/07 133 Settlers Lane Second 11/19/07 12/1/10 Kure Beach, NC 28449 540-3346 (Cell) 772-9777 (W) Revised: 1 QI27108 Board of Commissioners Meeting 11/10/2008 21-1-21 NEW HANGVER COUNTY ZONING BGARD 4F ADJUSTMENT PAGE 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Carmen Vincent Gintoli First 1 1211105 317 Ventura Drive econd 11Z11D5 12/1108 VlJilmington, NC 2841 Z 199-5501 ~H~ 254-4325 Staff Support: Ann Hines, Chief Zoning officer Fiie: 1Zoning NHC Inspections Department BIC#33 230 Government Center Drive, Suite 110 Vvilmington, NC 28403 198-1118 Board of Commissioners Meeting 11/10/2008 21-1-22 New Hanover County 230 Government Center Drive Board of Commissioners CnMMITTEE APPLICATION suite l75 Wilmington, NC 25403 Telephone: (910) 795-7149 Fax; (9l0} 798-7145 BvardlCommittee: Name: ~ °L. Home ~ Address: ~~ (Street) (City) (Zip Cod } Mailing Address if different: E Mai dress: ~ y ~ Q, ~ ~~ Nom hone: Fax: CeC~: ~ ~~~ Business: Years Living in New Hanover Count : Male::::.» .. r.. Female: Race: A e: ~ w Y g (Information for the purpose of assuring a cross section of the community) Employer: (A person currently employed by the agency ar department for which this application is made, must resign hislher position with New Hanover County upon appointment, in accordance with Article VI, Section 4 of the New Hanover County Personnel Policy.) 4 ccup anon: ~ 1 ~ .r 4 Professional Activities: ~ l -.~, f ~/~ F i /ii^~ J . • ~ ~ l V r A ivltles: ~ WVV Voluntee ct lhl ~~ ~' ~, ~' Wh do ou wish to serve on . Is bvardlcommlttee? ~ A y y r ~1 ~} ~ ~ ~~~ LEI ~ ~~l ~P ~ ~~~ 1 ~ ~, a Conflict of interest !f a board me,dlb'er believes he /she has a conflict or potentla! convict of intere~-an a particular Issue, that member sho d state fhis beliefto the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has separate, privafe or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/ herself from votln on the matfer. ~Q~ r What areas of concern would you like to see addressed by this committee? __ ~~ ~ Qualifications for serving: ~~c~'1 ~ ~l b ~ ~ t; ~ ,~ l Uther municipal or county boardslcomm~ ees on which you are serving: _ ~. C~ . ~~~~,~T ~,~w N ~ J-~PlJ/cln~ ~l /~ 2~av/nS List three local personal references and phone numbers: ~... /~ ~. ~. .r M ~~~ r Q ~ "-' ~ 3. ~~ ~~ ~~ ~ r ~ E ~ p, ~ .~ _~ . ..~ Date: ~ ~ C~ - J ~ ~ ~ r~---~--~ C1R~A~.IMA~ _ ~ r ~ /~ e for additional comments J - 7G~ 11~10~20~g 21-1-23 04I09I20~8 15:46 910564036 PRUDENTIAL CRES PAGE 01 New Hanover County Board of Commissioners COMMITTEE ,~'PLICA'1'XO~ 290 ~ov~-nment Center Drivc su~Ro !7s i~ilminpron,NC 25403 TClapl~ora: t91.b) 7SB-1149 BaardlComm~t~c+~: Zoning Soard of Ad~ue'~ont Name: Ellie A. Poreot YY~ ~om~e Addre~: 'T~D6 Ra~t~ ~1ay ~Tilmiagton 28411 ($traet) (City) (xtp Cade) Ma~-g Addree~ i#'tll~erent: lama as above ~-~ailAddress: °llxoforaetQprudentis-lareenc.aom Hom ne; 910-~64-5395 Fax: 910~~D8-214 C~rt~ 9lo-Z6A-5395 8usfness: 9lo-~OB~-zl3g e Pha Years ~b~g in New Hanauer Coup : l~ yaarA 1Vtalo: ,N~.r,,.„! p'e~e: ,..~ l~rce; Gavaaeian ~+ 3l ~~a~~^e~1rn fer the prrpara a[ Nrr~rf~t a ~rerr reetlan o~t~c eamn~tint~) Empro~er: Prudent"tal CRES Gommercisl Real Es~atre ~q -~tiea evrrentt~- eatpleyed b~- ~r e~oncy or depertmeet for wbieb tb~te eppllc.ttea 11 mede~ mnet roaf~ 1~Irlkar peiltien ~ritlt Nr~ ~~n^ver Ca^ary npae eppointmeet~ in n~co+rdAn~ R1t~ A*tic[e VI, ~lcdoa 1 at tie No~- ~~4nnrcr Cea~tr Perrensel Poly.) Realtor Occnpal~on: Protessloaa~ A~ct~v~des: Sarrrad as RCASENC hard diargator D5' & 06' . 8ela~Q to POOR lvado group. Yoluoteer Achv~~es: snrviag load at the Good shvp~rd House . ~Yhy do yea whlh ~ serve ou ~hEs bonrdlcoaa~alttce? I st,~oagly agree xitb lea Haxaasrer' a groMth into our aurrsnt zoning ordine-aaas~ Z Klab to bald implement and apply trinsa ordinaaoee. Cor~~lkt nl lator.ei• X a board rnenlber Ddlkves Ae / aAe Aaa ~ conlNcr or par^nflal oonAfe! a1 inb-eat on 9 parl~CUler ~;ruo, Ihet n~emeer aAoulda~e(r [his Aallaflo the ~1her mombnr. or Alc I her nspeotlve Board darrnp a pu0llc meerlnQ, Thu mambnr should stele the nature o~tA~r conA'lat, dvlolllnp that Ae/sHe fat a aaperaf9, prfvato pr manefery Ir~teras~, Althordiro~f arlndlrect, In Me r'ae~e underconalQerrtlon~ TAB mambor chauld then excuse Almsall/Aa-agl~trnm votlnp on tAe matter. flat areas o~ concern world you ~lke to see addressed by this cammiitee? CQ~~iAUe to evaluate if our ordf n- aacse era ao='ving the purposes they xsre int.4s~dod for, c~uslity of life and smart growth, na~cattona tar sorv~a : =hays ~~ 9.t~volved in our ootamarafe~l gal ertate market Biros ~oo~ . Q S C1vax that time =bane hecomo very knoale+dgeable of vur zoning ordieanaa and laze . ether mdnicipv ~ county botrdslromml~tteos on which yon ~ setvia~: pone f _. 1 l r~ /~^ti _ ^`__ t,~st three local personri references and phone numbors: Rio-2~~-~ooi APO - g ~. ~ia~-al Lao ~ Leon Pruzan 3. Caosge Laney y ~l~ ~ ~utc. Applketioat ire kept en t~kk far is ~on!]rf ~~. ~~ C~MMI~SIQN£~~ atoia~c: ~~ s~~ Ure xcvc~rr~ side t'ar eed~tlae~ commentr 910-?9,6628 91o-~~z-aso~ Board of Commissioners Meeting 11/10/2008 21-1-24 03/311208 X0:55 910794406 GATEW^YB~IK PAGE ~~r~01 Neap Han~-er County Z~4 GOVdrnm~nf Ca~~lCr t}rivc Board of Comm~srioners CQNl~IITTEE AP~L~CA~T~CN' 5at~c 179 Wilrafng~an,~1G ~S#G3 TsioRhanc: (9~t-; 74S•71~I!~ Fax; f 9 I DJ 74iR•'~ i # Ro~rtilComnlittcc: ,,,,~„~„~-~,,,,,,t~,~ r,~, Homc Address: ~ (" . ~ ~ n !~G ~ (~~~~ (~itl`) f~+~ Gw~e1 M~iiin~ Addx~s ii~ clinaeut: E•Mail Atidr~t; ~~` ~ ~t Home Phone; al.,~.~..-.-,r? ~ ~ ~ Fax; ,,.9 ~„ ~ . ~ ~ Celt; ,,~~,, ~~~us iness: ~~ 1 ~ a~ Ycprc I~ivitia in N~vr Hanover Cat~at~: M~ltc: ~ ~ Fcmalc: ~ Raee: ~ ~ Age: ~_ (~+11t1t't11~T~OR rtlT' the NIITMI~C O~Allfilflll~' ~ 1~111~ i~OCt~111 Q~ th! an~parMnily) FmPin~r~ C~+~W~3....r~ (Apnr~ wry tiv e>r~l~e~ hr tAc ~~o~cd er ieNrt~e~t f+rMhkb this npFlicn~ien i~ ~.ie, ~n~r rcat~r I~i~lhnr rn~itie~e with New ~1w+~RwcT C+Eratp peen ~p~elnnneM6 in ~-tter~ahoo+~fth ATticlaV~,B~ciiori f of 4hc Ne+v HnanverCoisNty Cet~~nxel P~tkr,) ~CCt1pAk10~: ~„~n . Preica;~rnsal A~tn-i~es; ~ ~~ ~'..~.......~~ ~. `~ Voi~mteer Actir-itaa: why da you wish to sarvc ~n this ba~rdleorntnit~ee7 ,~q ~~~ ~ ~ CanAkt at Intere~-t: 1' a doord n+rfiher bar-eve!a Ae 1 the At<Y a aonlNGl er palr+~tler eertAlW4f InlenaX nn a pert[cu~er p~s~e, tnA~ member eheulC state tRfa eepefla a*n ofha~ Innrn bell o~ ti>< o Mr r9~A•cllro 4on~ d~,r~ng a p~bttc m eettnp, 'rtre m emaer tnotl~~ atftt; tr+e at~t~re of th4 cvn~ct, OIIiIJ1Ap lAa1 hClaht' her n rovnrt+is, Anrele ar fienalery lnie~~. r~thcr dIMICt ar tnattreat, to fit I~rtte udder con elplrnttlon. 7ne tn4maer BAd~itd rase erca~o nlmaaJt ~ hereel- rrom Motlna en ter ~ettar. 'Wti;~t arms of couccrn wo~~~~ ynu ~ikc to sa addressed by this camYnittcc7 ,~,~ ~ '~'~.,,~.,~,i ~d X34 ~~5~ `-h~ ~C~+~t Cc~,Cernt uc~h~ ~ the. hd~. QualiG~r~on3 fot' ~~1~iti~t ,,. - ~thcr rnnlricipal nr county baardsledmmitte~ ou wlsicl~ you erc caving: 'r~ ~ - '~ List tbre~ IoCAi perso~n~i t'~~'ercnccc and phtmc eumbers; ~,~ ~~ 'ter ~..._.~~-..~.0 ~. ~ ' ~ J~~ ~C; ~ o s:~nature:...~..,~.~ ~a ~pptic~+Nnn:~ me kept AA fdc !i-t 1 ~ ~nantha lixc rcverXe +ids far ndrlirinn~l oornmeMta Board of Commissioners Meeting 11/10/2008 21-1-25 ~~-84-raS 13.1fi FPOI~-Gape Fear Engineerin ~1~-383-1045 New Hanover County Board of Co~nmissianers COMIVIITTEE APPLICATION Z38 Gov~atnmtnt Ccntor 13rivt Suitt 1?5 W~1mfo8mn, NC 28483 Telepllaac: ~? 10) 798-? 149 Boar~ICommit#ee: New Hanover County Zoning Board of Adjustmet`7t Kamp: H, Scott Kennedy, fir. _,_.,,, ._ .. __. -- Y~pme ~-ddress; 4414 Svuth~ield Ct, Wilmington 28405 (Street} - - .. --- -_ - (City} (Zip Cade) N~ai~ing ,~d~ress if ditlerent; E-N~aaAddress: ~'acvttk~mindspring.com dome Phone: Fax: 910-3~3~1045 Ge~~: 910367-3832 8usrnesS; 910-383-1044 'ears Living in 3l Nia1e, r J Female; .. . ~ Mace; Caucasian Age: 55 Neer Hanover Country: (Yntormetlon tar the purpost olaseuring a cross sectla>s of the community} ~mployer- Cape Fear Engine®ring, Inc. (A person currently employed by the agency ox department for whlc~ Ibis applrcatian ~~ mnde~ muyf resign hisser posifioo with New Hpnaver Cavaty upon pppoiolene~t, in accordance with Ariiale fit, SeeiSan d of tAti New i~Alaover Counly pmreahnel Poliel-.} Occupation: Pro~~ct Manager Profi~siobal Acti~rities: Natiortai Notary Agaociation Volunteer Activities; 32nd Degree Dtason way do you wish to serve a® this baardlcommittee? I v~ould like to be involved in civic duties and h~v® an opportunity of Serve my coma~-unity, I feel I qualify to sexw~ an t~iia con-mitt~e. CvnNlet of mtoroat; ~ a boaro mamOgr bohevps he I ~qe i~a4 a oo-~rlrct or paronlal oont?tc~ of lr~tatexf on a pnr~ky~ar ls.ue, that mvmAar SAov~d s1atO Ikls be+lella Ma o(her members at Ali I Aer reapactlve Doa~~ d~rrlnp ~ pvn!!C meetln~. TAa member sAauld slate tAe nature of tAe conlllct, dataJllnq (Aar ha/sAe ha,~ a s~apa~ate, pliyala o~ monetary r-~tetost, s11Asr~Usct arlndlrect, fn mo rssea vRderconslQeratror-. rAe memDsraAoutd tAen ®xcuso r:lmseh/AarselrRam votrng on tAe matter. Wti~t areas of concern would you iil~c to see addressed by phis commitkce' ~O particular areas of concern , would be open to all arses v~hich would be heard ~y this committee. Qualifications far serving: I have be®n involved in the design of davelapment9 for ae~raral years . I have even been before this board (many years agog for a pro~aat which I was ds9igning. Other municipal or county boardsleommittees on which you are serving; Nv>~e ' List three local personal references and phone numbers: 1. Bill Sue 9124 Sue Circle NE, Leland, NC 28451 91~~54~-3543 ~c) ~~ G. Frank Janes 11D N. 5th Ave, , irilmingtQn, NC 28Ao1 91a-7627771 ~Oy 3,~vangelcs Frago® 5312 Bellwood Ct., Wilmington NG 2842 91D-~233~2572`tCj date: ~~ Ap ieat' sera kept on 51e tax j8 months 1Ja~e r~y~rrd aido for additiappl commeatn Board of Commissioners Meeting 11/10/2008 21-1-26 I f~ C~ r., ~~, APR ~ ~ ~00~ ~E~ ~~~~~ti'ER ~~. B~. 0~ C~)F~~„~~ISStC;P~~~RS T-Q8S P~01~001 F-fi?~ New Hanover County Board of Commissioners CCIMMITTE~ A~FLICATI~N BoardlCommittee: Zoning Board of Adjust~aents 230 Government Center Drive Suite 175 Wilmington,NC 28d03 Telephone: X910) 798-7149 Fax:~91D}798-7145 Ngme: Steven A. Kogan Home Address: 2222 Metts Avenue, ~Iilmington, NC 28403 ~~treet} Mailing Address if different: (~ihrl {Zip Code} E~Mai~ Address: saj lagan~ aft .net Home phone: Fox: Cell: 910 -- 4 ~ 5 -~ ~l ~ 4 ~usrness: Years Living in New Hanover County: ~ months Male: ~ Femme: Race: Caucasian ~ Age: 5~ (lnfarmatiou for fire purpose of assuring a cross section of tl~e community} Employer: Reta"red ` Director of Planning Division, Dept. of P ~ D ~ G~rinnett Ca . , GA (A person currently employed by the agency yr department for which this application is ®a~de, ®ust resi~g hisiher position with Herr Hanover County upau appointment; in accordance with Article V~, Section d of the Nor Hanover Country Personnel Policy.} dccupation: Urban Flanner Professional Activities: American Planning Assaaiation, Georgia Planning Association, Uli , AICP ~"olunteer Activities: Leadership G~rinnett; Board, Johnson Ferry Park Condo Association Why do you wish to serve on this boardlcommittee? I ryas a professional planner for nearly 40 years; I xould like the appartunity to apply that ~cperience to service in my community. Conflict of Interest f a board member believes he /she has a conflict a potential convict of Merest an a particular issue, that member should stale this belieifa the other members of his /her respective boamf durin0 a public m eetirrg. The member should state the nature of the car~flict, detailing that he/she has a separate, private or monetary interest, eifher direct or indirect, in the Issue under conaideratian. The member should then excuse himself /herself from voting on the matter. What areas of concern would you like to see addressed by this committee? This Board focuses on interpre-~ tation of existing codes and ordinances; it does not set or recoalmend policy. Quatif~cAtions for serving: experience in the folloxing: Writing and interpreting codes and or- dinances; facilitating committees; arbitration; and, problem solving and decision making, Qther municipal or county baardsfeommit#ees on which you are serving: ~°~ at Present. ~- ~~ ~_ ~~ ~ ~~~~ List three local personal references and phone numbers: , i i i ~ ~ ~~ ~; ~ ~. -~ 3 i 1. Mark Saulniera, A.I.A. , 793--0639 ~ ~ ~' °''. ~ r~ ~ ~_ ,~_~°,~ ~ ~ ~ 2. Tom Inksetter, Realtor, 232-434D ~ ~ .~...___...._~_. _..___._~.~ __.__. ~Yi ,: f ~ ~ I Christine Hughes, Senior Planner, City of Wilmington, 341-~-..1~ _ - ..' ' ~.~;....-: ~' ~t~~___...~ _i 3. ~~~ 4etober 2~ 2ooe ~~~ ~ ,~-~ date: ~ S~gnature~,~.~'` Applications are IECp# an ~k for 18 ®anths ,Use reverse side for additional comments Board of Commissioners Meeting 11/10/2008 21-1-27 New Hanover County Board of Commissioners COMMITTEE APPLICATION BoardlCommittee; Board of Adjustment Name; Michael D. McCulley, Jr. Home Address: 4728 Long Leaf Hills Drive Wilmington (Street) (City) Mailing Address if different: 313 Walnut Street, Wilmington, NC 28401 E Maid Address: mdmccul ley att .net 23Q Government Center Urine Suite 175 Wilmington, NC 28403 Telephones {910) 798-7149 Fax: (910)798-7145 28409 {Zip Code) Nome Phone: 910-547-5185 Fox: 917-343-4227 Cell: 910-547-5185 Business: 910-251-25x0 Years Living in New Hanover County: 6 bale: ~ Female: Kate; Caucasian Age: 39 {Information far the purpose of assuring a cross section of the community) Employer; Michael D . McCulley, Jr . , P . A. ~ law firm) (A person currently empbyed by the agency or department far which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article VI, Section a of the New H anover County Personnel Policy.) Occupation: Attorney with practice concentrating in environmental law and land usey Professional Activities; NC Bar Association; Environmental Law Section of NCBA Volunteer Activities: "They Will Surf Again" -which helps disabled persons return to the sport Why do you wish to serve an this boardlcomtnittee? To give back to my community in a way that uses my professional knowledge and experience and to enhance my sense of community involvement. Conflict of interest: IF a board member believes he /she has a confllcf or potential conflict of interest an a particular issue, that member should state this belief to the other members of his I her respecfive board during a public meeting. T'he member should sfate the nature of the conflict, detailing that he/SFre has a separate, private or monetary interest, eitherdirecf or indirect, in the issue under consideration The membershould then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee:' 1 have no particular areas of concern, but would seek to ensure a fair and reasoned application of law to zoning issues Qualifications far serving; Relevant professional knowledge and experience; also served previously on city zoning board in New Bern, NC, before moving to Wilmington. Other municipal or county boardslcommittees an which you are serving; None currently ~~1~~"~~~~~~I~~ List three local personal references and phone numbers: S ~ ~j 1, Darryl Mills (350-1500y f - - ,~ Z. Jill Billups X264-6752) Nf~ ~~~'~~'~~'~~ C~ ~ Rob Moul (471-0501) October 24 2008 ~ Date. Signature. Applications are kept on file far IS months Use reverse side for addit' nal c ents Board of Commissioners Meeting 11/10/2008 21-1-28 a4laaf2oos 1a:2~ FRS sla~ss1a21 New Hanover Gaunty Board of Commisgxoners C~Mi1~TTEE ~PFLICATI~N BoardlCommittee: zoning Board of Adjuatmet~tn .. ~aa~~oo~ ?30 [iavnrnltlGaL ~CAtOf 1?r~Yn Su1lL 17,E wilmingron,NC 284D3 Telexone: (4i0) ]?$-'t 149 Fex:(9l4~798-7~d5 Namt: Jos Miller Home ~ilmia ton 28411 Address: 7103 Centslliari Court 4 ~. ($tre;Cty (Citry (Zip Lade) Meitiog Adds if diTferent: ~ . $-M~ Address: ~ oe@ coax tel invea tiny ~ com ~~~~ Fax: 910-?9G-101 CeCf:910-538-5U34 BuS~n~ss: 91a-~96-1022 Home phone: ___._ - - Yesr9 Living fn Cauceeian . 2~ New Hanover ~aunfy: 12 Male: ,~~ Female: _~ ~ Race: _ Age. - (in[armatioll iar ~~ purpare otn~eNriaB a crone recline o[ the aoarmu~ilY) ~~ Employer: 5o1f we~mployod ~.,, (A pCf7on carreetly Cmplp~-cd by roe e~oncy or ~iepartmRnt [orwhicb Ellis eppllcatiaa it made, mW~t resi~o 4i6111er ~OSldan NitY Nary ~>ilt0~er Caua4r npan aNpOlatmen~t, [n ate0rdonce Kieh ~rtiCll VI, 5eedod 4 of ibe Herr Ha~aaer Couatr Pcraa~nel Pa1iCy,) Occu stiov: Re~1 Tatate rnvestmenta F sioaal Activities: Mem~bar of wRA~/ motaber of noel eatiats inveetmant as®goia~tion Pro ~ ~. ~ ., w volunteer t~Ctivitie9: Toon Court an the bowrdlcommittee? to aer'v® the oounty and help it grv~ rgsponaibly .,._ Why do you wish to serve Y fsol very strongly about help dorving a community that has ssrvvd me Coa7flkt of latereat~ ~` a board member aeliavea h8 / ahe hhs a ceantlrct ar polanf~t ee~nAtta of #~tele3! o~ a pertkular ~~~~, onat rnambvr alro~td stare rtrrs bol+elto the other de~tailih that he/she has 1! aaperete privak or monetary mem herb of tits / Mr rtspetctlve dvard dvrir-p a public meeting, Ths member ~Aould state tRe nafvro o! dAe conrylat, ~ Interest, 61the~r direct 4t tndlrect, to tho;~~ue! l~nQer cvRS-dorallon, Tt1e member ehefulG then ~xe;ue<ea A1mseN/ harserf Irom vOtlnp vrr the; matter. f coneern woutd ou like to see addressed br thts committee? Aas~onaibl8 zoning enforaoaaent 'What areas a y raapaneiblA sonirig change~9~ gra~th of the vounty ,graduate of ~'ilmington Citizono Al~sd~yr aucaasfu7. bueinoas man xithin pual~ficatfons i~or ser~ving~ the county ..-- none Uther municipai or county boardslcommittees ~ which you are serving: Z~ist three local pet'soaai references and pbane numbers: 1, Chrlatine peaver~910-431-2161 Z. Nick I{irigw910-431-3511 ~• 3. Tory. ~t:alioi-9I0-538-~G615 y,~ Uate; Apr i 1 2, 2 0 D 8 ~ SignAtu re: Applkitrorll lire krpt a>7 Alc [or IS roo~tb~- ~~ it APR - 4 2009 NEW HAN(IG~~R CO. BD. DF ~[lM~~~sm~,~ .~ e [aE ~-ddltlonat cum encn ~ Board of Commissioners Meeting 11/10/2008 21-1-29 101271200B 16:12 9104585261 RFTS PAGE 01101 I~ew ~apover Caunty ward of Commis~~o~aers CQ~MITTEE A~~I~CATI~]N Z30 QaYoi~meut Centre pave 5q~l~c X75 W~~~i~ge~a, ~C 28403 Tclcgho~c; (9 ~ 0) 799-7 ~ 49 fox; (9~~) 748-1145 ~rdlCommittao; New Hanover County Board of ~ldjustts Nyunt: Noelle ~. ~Tinst~d dome Add-re.~s: 1345 Carolina Soxrh Ave ~ A3 Ca~roli~. B~a1~ 2928 (Suet) (CHy} ~~~i Cade) ~~~l~g Ada~~ ~~ di~ere~at: l~rM~l Address: nlut~s~auQ charter .net Horne Phone:'458-1377 Fax: Ceti: 470+19e0 Years Living ~a ~Ytw' Hanover County= 1S $~JS1neSS: 393-1049 Male: ... ~`c~aie: ' Race: ,age; 36 Xr~ro~ h+~ for tdc r c o~t~aaur~a : croso aecdo~ ~tt~e cv~mNuci+tyy ( P~ ~ ~ ,~m~plo~er: Cnpg ~edr $ngine4rinq Inc . (A par~sn carrwlly e~~~vtd 1~ t6e ~;eac7 •r ia~w~hecK~ ~-r' w~lc1~ tbk irplic~ea^ ~r ~nad,, opt ~rt~r-1~1~JI~~r ~~tis~ ~~~ N ~ ~~~ar~r Cv~a~- Free oppdr~tsaat, .ia ~~ar~n to rriM Ar1kk V~, Sario~ 4 of /lie Nnr filulov~er Cormh- ~~aa~el PrCey.y R~eglat~ory ~peciali:t, Project 1~lanagez Oc~upeti~: ~rofessiodal Act~~i~ies~ Volunteer Aeti~it'ie~: ._. ..~..... Wlty do you w~sb~ to serve as this boardlcooa~uittee:~ To utilize my eduoatfon a=-d +rork eaperi~nco to serve the public Mithzn the c~anauriity that I live. CoANk! oT f~hrNC Io baa~+d rtKmbrr ~ef~vdt f}s / aAe A98 8 COAI~Cf vrpv~ant4l oanelet o! mte~t on a pa-tkwlo~ pain, pint Irtamber af-aufd stela thrr belio~lo ~e nl~jcr memDors of hla/her rcsp~iva boe~ durFng a puAlic mBeUn9. ~7e member mbo,lld ~MM tAe ~-etuna of Ne con9rcl, defailm0 fhnf neJshe 1169 a eeparete, prlrtst or q~opelery irferccf, eitberdirect orlndfl~Ct, fll tA9189U9 Und~roallal~-~HOp. rAe m9mDerehou~d than excuse hfr~serlrHeraeftlrora vaf~nQ on the n4~r, lYhat art~as o~ co~~a wapl~ yva likr to see addrt~~ed by ~~s cal~oE~tittce9 En~su~re thatw,.,.,i~HC ozdinances - are interprotecl as intended and do net result in uIIesasBaxy hardships to the citiatans. Qaahficaaons for sag: ~ Yra w~~ the NC Divfaion Qf Ilstar Quality serving tb~s p~ublie and intrapetiag State policies arui regulations, 1.5 yacB in snginrwrinq and pxojeat managemont Other monicipal er eoru~ty bon~dsfeodmittces nn wblcb~ rou sxe serving: Lit three local personal references and phone nu~abers: ~. Perry Davie, P.1~. Gaps Fear Engineering Inc. 910383-~.Q4d 2. Rick Shiver NC ~,ivisien o~ Water Quality 919~807~-6300 3.l~rk 9au~nders The Coastal Caa~paniee 910-8~2-d999 R~tt ~ octabas 27 , Z 0 0 B S~~a~~: App~ieotio•e AX! keQ~ oa ~~ fox ~S wlo~eh~ ie rererS! lido fQl' o~ditialwl C~smc~tt Board of Commissioners Meeting 11/10/2008 21-1-30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 ADDITIONAL ITEMS ITEM: 22 DEPARTMENT: County Manager PRESENTER(S): Chairman Robert G. Greer CONTACT(S): Bruce T. Shell SUBJECT: Consideration of St. Andrews-Covenant Presbyterian Church Anniversary Proclamation BRIEF SUMMARY: A proclamation to recognize November 10-16, 2008 as "St. Andrews-Covenant Presbyterian Church Week" has been prepared to celebrate the church's 150th anniversary. The church's History and Heritage is attached as well as a recent Star News article with more information. Reverend Steve Hein and Mary Merritt Farmer, Chairperson of the 150th Anniversary Committee, have been invited to accept the proclamation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation at the beginning of the regular agenda. ATTACHMENTS: Proclamation History and Heritage Star-News article COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 22-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ST. ANDREWS-COVENANT PRESBYTERIAN CHURCH ANNIVERSARY PROCLAMATION WHEREAS, St. Andrews-Covenant Presbyterian Church was established in 1858; and WHEREAS, the church has a proud heritage of service to New Hanover County and has been an important part of its history; and WHEREAS, 2008 marks the 150th anniversary of the church; and WHEREAS, an evening birthday celebration will be held on Wednesday, November 12, 2008 highlighting the church's outreach agencies; and WHEREAS, an Anniversary Celebration Event will be held on Sunday, November 16, 2008 at 10:30 a.m. at St. Andrews-Covenant Presbyterian Church. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 10-16, 2008 be recognized as "St. Andrews-Covenant Presbyterian Church Week" in New Hanover County. ADOPTED this the 10th day of November, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 11/10/2008 22-1-1 5T. A1vnxEws-CovENalvT PRESBYTERIAN C H U R C H History and Heritage 1817: First Presbyterian Church was established. 1858: Organization of Second Presbyterian Church. The building is located on Chestnut Street, between 7th and 8th Streets. 1862-1872: Period of inactive status for Second Presbyterian Church due to chaotic conditions brought on by the War Between the States and a ravaging epidemic of yellow fever. During that time, the congregation worshipped with First Church. 1872: Organization of Second Church was reactivated. 1873: New building for Second Church was erected near the corner of 4th and Campbell Streets. 1888: New main church building was erected on the corner of 4th and Campbell Streets and congregation voted to change the name of the church from "Second Presbyterian Church" to "St. Andrews Presbyterian Church." This church continued in existence to 1944. In 1913, Pearsall Memorial Church - a child of St. Andrews Church - was formed. 1902: The Session of First Presbyterian Church discussed establishing a new congregation in the eastern section of Wilmington. 1911: Walker Taylor, Elder, of First Church purchased a lot on the corner of 15th and Market Streets with a view to holding it until needed for the establishment of a church in the rapidly growing eastern section of Wilmington. December. This building, consisting of our current Sanctuary, Chapel and Parlor, was donated by James and W.H. Sprunt in memory of their parents, Alexander and Jane Sprunt, whose names appear on the Covenant window. 1918: The Church of the Covenant was organized. Ginkgo trees, brought from China, were planted along Market Street. 1920: Manse, a gift from James Sprunt, costing $24,000, was built on the west side of the Sanctuary, along Market Street. 1921: A Sunday school building was donated by Jesse Kenan Wise in memory of her parents, at a cost of $233,000. Known as the Kenan Memorial Building, it featured a large auditorium with cathedral ceiling, classrooms, separate "club" rooms for men, women, boys and girls, a kitchen and pastor's study. There was a roof garden along the west side, overlooking the present high school tennis courts. 1928: Awing (which houses the present church offices) was added to the south end of the Kenan Memorial Building. It contained classrooms plus assembly halls on both the first and second floors. 1944: St. Andrews Church and Church of the Covenant were merged to form St. Andrews-Covenant Presbyterian Church. 1946: The Princess Place Chapel, later to become Westminster Presbyterian Church, was formed as a child of St. Andrews-Covenant Church. 1917: Church of the Covenant was established on 1958: the corner of 15th and Market Streets and continued in existence until 1944. The cornerstone for the new church was 1 i in Boa ~o ommissioners Meetin Januar and the buildm was com ~etec~ g y~ g p ~~lo~2oos z2-2-1 Extensive renovations were made to all existing buildings, during which time the congregation worshipped in the auditorium at New Hanover High School and Sunday School classes met at Trinity United Methodist Church. The cost of the project was $412,000. The Sanctuary interior was turned 180 degrees, the main entrance was changed from 15th Street to Market Street and a choir loft and a new Casavant pipe organ were added. The Sanctuary building and Kenan Memorial Building, originally separated, were connected. In the basement, the club rooms and kitchen were converted to classrooms and the scout room. The auditorium, with a new lowered ceiling, became a corridor with adjacent classrooms. Above, on the second floor, was anew corridor with classrooms and a library. In the 1928 wing, the building was extended to the west. The first floor assembly hall and classrooms became a new fellowship hall and kitchen. Classrooms were built on the second floor. The entire building complex was air-conditioned. The Manse was converted into church offices and offices for Wilmington Presbytery. 1966: The Manse was abandoned and later demolished. Renovations to the 1928 wing provided church offices on the first floor and Presbytery offices on the second floor. 1980: Extensive exterior repairs were made to roof and stonework to ensure watertight integrity. The wooden exterior doors and windows were replaced with bronzed anodized aluminum. The Fellowship Hall and Kitchen were renovated, and general interior maintenance accomplished. The total cost of the project was $525,000. 1996: The "New Foundations for Ministry" construction resulted in a new fellowship building containing a large meeting/athletic space, modern updated kitchen and numerous classrooms. The 1928 wing renovations to the older building had added new offices and a dining room on the first floor and new classrooms overhead. In the 1996 renovation of the Kenan Memorial Building some of the second floor classrooms were renovated. In addition, the Sanctuary was enhanced with new floor covering, new lighting fixtures, and pew restoration. The long-anticipated elevator also became reality. What We Believe St. Andrews-Covenant Presbyterian Church is a congregation of the Presbyterian Church in the United States of America (PCUSA), a denomination formed in Philadelphia in 1789, the oldest and largest Presbyterian body. We are part of the Presbytery of Coastal Carolina. Perhaps the best way to communicate what we believe is not through words, but through the symbol of our denomination. The central aspect of the symbol is in the shape of the cross, communicating our emphasis on the saving death of Jesus Christ and his Lordship over all of life. We know Christ through God's Holy, inspired Word, the Bible, symbolized by the open book which forms the horizontal arms of the cross. The Bible, however, remains closed and unavailable to us until the Holy Spirit descends upon us to open our hearts to God's Word; the Spirit is symbolized by the dove which forms the upper portion of the cross. The body of the dove is shaped like a fish, an ancient Christian symbol for Christ. The fish reminds us of Christ's feeding of the 5,000 and of his charge to us to feed the world's hungry. We serve Christ when we feed the world. In the main section of the cross, below the open book, you can see a pulpit, which reminds Presbyterians of the importance of the proclaimed Word, scripture brought fresh and new every Sunday to the ears and minds of God's people. In the center part of the pulpit, you can also see a communion chalice or a baptismal font, reminding us of the two sacraments commissioned by Christ and celebrated regularly at worship. You will notice that the main body of the cross is composed of three bold lines. This communicates our belief in the Trinity, God who is Three in One - -Father, Son, and Holy Spirit. Lastly, the flames in the symbol communicate the vitality and enthusiasm of our denomination. We are ancient, yet new; traditional, yet contemporary; reformed, yet always reforming. We trace our heritage back to Martin Luther and John Calvin and have always stood at the center of the reformed tradition. Our church government is democratic, with elders, deacons, and ministers sharing responsibilities. We have no bishops, and we believe strongly in the priesthood of all believers, which means that congregation members and their elected and ordained representatives are expected to provide leadership. We emphasize Christian Education, service to humanity, a strong voice in local and national politics, the absolute equality of men and women, and the respect, equality, and inclusion of all races of people. Board of Commissioners Meeting 11/10/2008 22-2-2 Religious revival: It's no coincidence that four area churches turn 150 this year By Amanda Greene Staff Writer Published: Thursday, July 17, 2008 at 6:20 p.m. Last Modified: Thursday, July 17, 2008 at 8:25 p.m. St. Paul's Episcopal Church began in 1858 with a vision: that the church would not charge for its pews so the area's slave and free black population could afford to worship there. ;~ r~ Photo ~ Kate Lord St. Andrew's-Covenant Presbyterian Church Events celebrating the 150th Anniversary of St. Andrews-Covenant Presbyterian Church Nov. 2: Tour ofheritage/mission churches Nov. 9: UNCW philosophy and religion professor Walter Conser speaks about the church's history in the Cape Fear Nov. 12: Evening Birthday Event highlighting the church's outreach agencies Nov. 16: Celebration Event ~. ~~ r '~ ~~ ~~ '~ ro click to enlarge Chestnut Street Presbyterian Church Photo I Kate Lord Board of Commissioners Meeting 11/10/2008 22-3-1 1 i P fg~ 'i -- click to enlarge St. Paul's Evangelical Lutheran Church Photo I Kate Lord 9 ~~ FY' ~ ~~ click to enlarge St. Paul's Episcopal Church Photo I Kate Lord The growing German population in Wilmington wanted a place to practice their Lutheranism in 1858. That was the birth of St. Paul's Evangelical Lutheran Church at the corner of Sixth and Market streets. That same year, a group from First Presbyterian Church wanted to start a mission church on Chestnut Street. That church later split to become St. Andrews-Covenant Presbyterian and Chestnut Street Presbyterian churches. Four churches established in one year -1858. What happened in 1858 to make all this church construction possible? The short answer: the Revival of 1858. "The Panic of 1857 sent everyone into a tailspin of economic downturn and a national depression, and everyone went back to church," said Walt Conser, professor of philosophy and religion at the University of North Carolina Wilmington. He devoted part of a chapter in his book, Coat of Many Colors, to the Revival. "By 1858, there was an economic upturn where building churches was possible again," he said. (Churches weren't the only major structures being built in Wilmington in 1858. Thlian Hall is celebrating its 150th anniversary this year as well.) But the answer to the 1858 church building boom also involved socioeconomic and political pressures from the impending racial divisions in the country. And many times, churches split as a result of those conflicts, Conser said. Though these churches had their beginnings in 1858, only a few years of ministry took place in those buildings before the Civil War and the yellow fever epidemic temporarily disrupted worship services, he added. Board of Commissioners Meeting 11/10/2008 22-3-2 ST. ANDREWS-COVENANT PRESBYTERIAN CHURCH, 1416 MARKET ST., AND CHESTNUT STREET PRESBYTERIAN CHURCH, 712 CHESTNUT ST. St. Andrews-Covenant plans to celebrate its 150th anniversary with events and a heritage tour of its former church sites scheduled for November. St. Andrews' history is a complicated one that started with the local religious fervor in the late 1850s. After returning from a religious conference in Greensboro, an elder of First Presbyterian Church began a movement to start another mission church. A group of blacks and whites worshiped in the white Carpenter Gothic and Italianate church on Chestnut Street called Second Presbyterian Church until the early 1860s. That building later was sold to a group of black Presbyterians in Wilmington. With the help of a group of Northern Presbyterians, they formed First Colored Presbyterian Church of Wilmington. It later became Chestnut Street Presbyterian Church. "Chestnut Street (Presbyterian) started after the Civil War, but they trace themselves denominationally to 1858," Conser added. One of Chestnut Street's pastors, Rev. Joseph D. Taylor, volunteered for duty as an army chaplain in World War II and died in New Guinea in March 1944 after a brief illness, said local historian Wilbur Jones. He's doing research for the church's anniversary year bulletins. Meanwhile, the white members of Second Presbyterian built another church at Fourth and Campbell streets, calling it St. Andrews Presbyterian Church. Then that church merged with Covenant Presbyterian Church in 1944, Jones wrote. ST. PAUL' S EVANGELICAL LUTHERAN CHURCH, 12 N. SIXTH ST. Basically, "the Lutherans look to southeast North Carolina where they don't have a presence and say, `There are a bunch of Germans there. Let's go start another church,"' Conser said. Many of those Germans came to Wilmington in the 1840s, and many who started St. Paul's came from northern Germany, said Ann Hutteman, archivist for St. Paul's Lutheran. "Before there was a Lutheran church here, some of them were married and baptized at St. James Episcopal, and some attended First Presbyterian," she said. St. Paul's "was strictly built out of an immigrant desire to have something from home." Board of Commissioners Meeting 11/10/2008 22-3-3 The church started with two services each Sunday, one in English and one in German. The church discontinued its German services about 1916 in reaction to anti-German sentiment in Wilmington during world war I, Hutteman added. Today, the few German families left are mixed with Lutherans from all over the nation. "The families in the church when I was growing up, half or more of them were of German descent," Hutteman said. "But when the Coastline (Railroad) left we lost so many." ST. PAUL'S EPISCOPAL CHURCH,16 N.16TH ST. As early as 1855, Bishop Thomas Atkinson, the Episcopal leader of the Diocese of North Carolina, had freed his household slaves, except those who wanted to remain with him. Atkinson wrote that he wanted to establish a parish "where the pews would be free, there would be a night service and strangers welcome," recounted Lucy Glover, the church's historian. She's currently writing a history of the church. "The gallery (or the balcony) would be reserved for the black population. Bishop Atkinson was concerned because St. James (Episcopal Church) did not have that much room for the African-American population," Glover said. "Some people like to call it (St. Paul's) an integrated church but it wasn't" because blacks were still segregated. So Atkinson established St. Paul's, then at the corner of Fourth and Orange streets. At the opening of St. Paul's, a black choir sang, but since it was illegal to teach blacks to read at that time, Sunday school teachers gave oral Bible instruction. The church's black members eventually left St. Paul's to form their own congregation called St. Mark's Episcopal Church in 1871. "It seems to me that St. Paul's was founded on the basis of outreach," Glover added, "not to the community at large but to those in need." Amanda Greene: 343-2365 Amanda. r.~ eene(a~,starnewsonline.com Board of Commissioners Meeting 11/10/2008 22-3-4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 10, 2008 ADDITIONAL ITEMS ITEM: 23 DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Consideration of Notice for LINO, Inc. Lease Amendment for Re-entry/Transitional Housing at the December 1, 2008 Board Meeting BRIEF SUMMARY: In June 2007 the New Hanover County Board of Commissioners agreed to lease the former jail annex at 222 Division Drive to LINO, Inc. for the purpose of establishing transitional housing for those persons re- entering the community from incarceration. The lease is for 10 years with two 10-year renewals at the option of LINO, Inc. LINO, Inc. is attempting to secure a federal loan of $300,000 to assist with its renovations, which are estimated at $1.3 million; however, the Federal Home Loan Bank requires a lease agreement that establishes a longer period of possession. As such, LINO, Inc. is requesting a lease amendment that offers a longer term. It should be noted that LINO, Inc. can secure loans for the additional $1 million needed for renovations with the existing lease agreement with the County. North Carolina General Statutes allow local governments to approve leases that are 10 years or longer for two distinct purposes: economic development and low income housing. Transitional housing, which is a component of LINO, Inc.'s re-entry program, is considered low income housing. To entertain such a lease, the County must give 10 days notice that it will consider approving a lease that is longer than 10 years. RECOMMENDED MOTION AND REQUESTED ACTIONS: County staff recommends the Board give 10-day notice that it will consider a 30-year lease agreement for the former jail annex, through amendment to the existing lease, at its December 1, 2008 Board meeting. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider approval of the staff recommendation. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 11/10/2008 23-0