2018-12-17 RM Exhibits B oikit �Z
Page 21.0A
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
APPROVAL OF PUBLIC OFFICIALS BOND
RESOLUTION
WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County
Commissioners conducts an annual review of public official bonds; and
WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force
and to be in proper format.
NOW,THEREFORE, BE IT RESOLVED,that the New Hanover County Board of Commissioners does
hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax
Collector.This designation of approval is hereby incorporated within the respective bond as if set
out in its entirety on the face thereof.
ADOPTED,this the 17th day of December, 2018.
NEW Hi.. OVER COUNTY
O �CY•n./
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J athan Barfi , ., airman
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•EsTABo o ATTEST:
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Ky ¶erleigh G. Crow- A Clerk to the Board
Exhibit
Book XLI Page =
AGENDA: December 17,2018
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2019.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Understand/act on citizen needs
Fund: General
Department: Recovery Coordination Office
Expenditure: Decrease Increase Total
BA 19-023 Recovery Coordination Office $ 18,600 $ 18,600
BA 19-023 Hurricane $ 18,600 $ (18,600)
Total $ 18,600 $ 18,600 �I$ -
Revenue: Decrease Increase Total
- I $ - Q$ -
Prior to Actions Total if Actions
TToda Taken
Departmental Budget $ 18,600
Section 2: Explanation
BA 19-023 allocates funds from the hurricane code in the public safety function,where all hurricane related
budget items are housed,to the general government function,where operating expenses are being
accounted for,that relate to the Recovery Coordination Office. The Recovery Coordination Office was
established to aid the public in recovery efforts and to lead future mitigation projects for the County. This
budget amendment moves the budget for those activities to the function where they are being accounted for.
No additional fund balance is required at this time for the operation of this function.
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(s)19-023 amending the annual budget
ordinance for the fiscal year ending June 30,2019,is adopted.
Adopted,this 17th day of December,2018.
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Exhibit Page 20. 2b
AGENDA: December 17,2018
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2019.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Fund: General
Department: Department of Social Services
MITM111111 .111.11111 Decrease Increase Total
BA 19-035 Famil Su...rt Prow am $ 75,173 $ 75,173
BA 19-036 Low Income Energy Assistance Program - $ 189,863 $ 189,863
Total 265,036 $ 265,036
Revenue: Decrease Increase Total
BA 19-035 Famil Su...rt Prop :.. $ 75,173 $ 75,173
BA 19-036 Low Income Energy Assistance Program $ 189,863 $ 189,863
' 111111111111111111111M........_ 265,036
Prior to Actions Total if
Toda Actions Taken
Departmental Budget if' ...TM,
Section 2: Explanation
BA 19-035 budgets additional monies received through the Department of Social Services incentive
payments and will be used to administer the Family Support Program aka Fatherhood Incentive Funds. This
program purchases services to assist fathers to become better parents and to support their children
financially. The program works with non-custodial parents referred from Child Support and the New
Hanover County Child Support Office and is 100 percent funded through child support enforcement
incentive payments. North Carolina earns incentive payments based on the Child Support Program
performance as compared to other states in the nation. No County match is required.
BA 19-036 increases the budgeted amount for the Low Income Energy Assistance Program(LIEAP).The
amount budgeted is based on estimates from the state.The allocation for the fiscal year was more than
anticipated.This program assists low income households with the cost of heating expenses.Eligible
households receive a one-time LIEAP heating assistance payment made directly to their heating vendor.
The target population is persons age 60 and over or disabled persons receiving a state service through the
Division of Aging and Adult Services. Household income must be at or below 130 percent of poverty.
County departments of social services take applications during the specified time period of December 1
through March 31 or until funds are exhausted.The program funds the LIEAP benefit payment and is
intended to cover all administrative costs.There is no County match for LIEAP payments.
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 Amendments 19-035 and 19-036 amending the
annual budget ordinance for the fiscal year ending June 30,2019,is adopted.
Adopted,this 17th day of December,2018.
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•f''1Astisto9,te K r .erleig G.Cro 11,Clerk to the Board
Exhibit
Book Xt-z Page 2o.ZC
AGENDA: December 17,2018
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2019.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: Controlled Substance Tax
Department: Sheriff's Office
Expenditure: Decrease Increase Total
BA 19-031 Supplies $ 5,000 $ 5,000
BA 19-031 Travel $ 7,222 $ 7,222
Total $ - 1 $ 12,222 '$ 12,222
Revenue: Decrease Increase Total
BA 19-031 Controlled Substance Tax $ 12,222 $ 12,222
Total $ - 1 $ 12,222 II$ 12,222
Prior to Actions Total if Actions
Today Taken
Controlled Substance Tax Budget I$ 57,361 I $ • 69,583
Section 2: Explanation
BA 19-031 budgets Controlled Substance Tax receipts of 9/25/18 and 10/23/18.
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(s) 19-031 amending the annual budget
ordinance for the fiscal year ending June 30,2019,is adopted.
Adopted,this 17th day of December,2018. / /
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Exhibit 0
Book x� Page 2Q
AGENDA: December 17,2018
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2019.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: Federal Forfeited Property
Department: Sheriff's Office
Expenditure: Decrease Increase Total
BA19-030 Supplies $ 16,431 $ 16,431
Total $ - I $ 16,431 I $ 16,431
Revenue:, Decrease Increase Total
BA19-030 Federal Forfeited Property $ 16,431 $ 16,431
Total $ - $ 16,431 II $ 16,431
Prior to Actions Total if Actions
Today Taken
Federal Forfeited Property Budget I$ 272,474 1 $ 288,905
Section 2: Explanation
BA19-030 budgets Federal Forfeited Property receipts of 10/4/2018 and 10/24/2018.
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(s) 19-030 amending the annual budget
ordinance for the fiscal year ending June 30,2019,is adopted.
Adopted,this 17th day of December,2018.
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'S' Jon. a Barfield,Jf aim
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Exhibit
Book x1Page SO. e
AGENDA: December 17,2018
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2019.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Understand/act on citizen needs
Fund: General
Department: Library
IPTIMMIMMIIIIIMIMIMI Decrease Increase Total
BA 19-028 Libr. $ 4,817 $ 4,817
4,817
Revenue: Decrease Increase Total
BA 19-028 State Aid to Public Libraries $ 4,817 $ 4,817
Total WE- 4,817 $ 4,817
Prior to Actions Total if Actions
Today Taken
Departmental Budget I $ 5,374,068 I $ 5,378,885
Section 2: Explanation
BA 19-028 adjusts budgeted revenues and expenditures by$4,817 to reflect the additional State Aid to
Public Libraries grant funds awarded by the Department of Natural&Cultural Resources.The purpose of
state aid is to promote,aid and equalize public library service in North Carolina.Funds will be used to
purchase additional supplies and materials to support library programs and initiatives.Due to requirements
of federal and state funding,the additional allocation must be used to supplement current County programs
and cannot be used to supplant General Fund Appropriations.There is no County 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(s) 19-028 amending the annual budget
ordinance for the fiscal year ending June 30,2019,is adopted.
Adopted,t' •. of December,2018.Ivo
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•ES;%;" Ep K erleigh G.Cr ell,Clerk to the Board
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Exhibit�' T
Book—i--Page 2
1
1
AGENDA: December 17,2018
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2019.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: General
Department:Emergency Management
Expenditure: Decrease Increase Total
BA 19-025 Emergency Management $ 1,000 $ 1,000
$ -
$ -
$ - $ 1,000 I$ 1,000
Revenue: Decrease Increase Total
BA 19-025 Federal Grant $ 1,000 $ 1,000
$ -
$ -
., -. 1,000 Q$ 1,000
Prior to Actions Total if Actions
Toda Taken
Departmental Budget :919 ILIII/MMUSAI
Section 2: Explanation
BA 19-025 adjusts budgeted revenues and expenditures by$1,000 to reflect the additional US Department
of Homeland Security grant funds awarded by the NC Department of Public Safety to Emergency
Management.The money will be used to conduct exercises to prepare,prevent,protect against,respond to,
mitigate and recover from potential natural disasters,acts of terrorism and other manmade disasters.Due to
requirements of federal and state funding,the additional allocation must be used to supplement current
County programs and cannot be used to supplant General Fund Appropriations.There is no County 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(s)19-025 amending the annual budget
ordinance for the fiscal year ending June 30,2019,is adopted.
Adopted,this 17th day of December,2018.
(SEAL)trili t V'N% / /*,..3t '+than Barfield,Jr. i l airma
O I N-4 T EST: /',,,n!�'� Z a 0`Lt�l Y_a,�..' _ _• K berleigh G.Cro 11,Clerk to the Board
•fsrAaust6°
Exhibit
Book NIL Page 0,
AGENDA: December 17,2018
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2019 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending
June 30,2019.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: General
Department: Sheriff's Office
Expenditure: Decrease Increase Total
BA 19-024 Supplies(PSGP) $ 46,122 $ 46,122
BA 19-024 Training&Travel(PSGP) $ 10,102 $ 10,102
BA 19-024 Capital Outlay Equipment(PSGP) $ 16,996 $ 16,996
BA 19-024 Capital Outlay Motor Vehicle(PSGP) $ 123,626 $ 123,626
BA 19-026 Supplies(JAG) $ 18,014 $ 18,014
BA 19-026 Capital Outlay Equipment(JAG) $ 27,088 $ 27,088
BA 19-027 Supplies $ 10,000 $ 10,000
BA 19-027 Training&Travel $ 10,000 $ 10,000
BA 19-032 VICE/Detectives Overtime $ 26,774 $ 26,774
BA 19-033 Vehicle Mgmt-Motor Vehicles $ 78,873 $ 78,873
BA 19-034 Patrol/Supplies(Escrow) $ 2,250 $ 2,250
Total $ - $ 369,845 $ 369,845
Revenue: Decrease Increase Total
BA 19-024 Port Security Grant Program(PSGP)2018 $ 147,635 $ 147,635
BA 19-024 Transfer in from Federal Forfeited Property $ 49,211 $ 49,211
BA 19-026 Justice Assistance Grant(JAG)2018 $ 45,102 $ 45,102
BA 19-027 Governor's Highway Safety Program $ 20,000 $ 20,000
BA 19-032 Miscellaneous Revenue(FBI overtime) $ 26,774 $ 26,774
BA 19-033Vehicle Mgmt Insurance Proceeds $ 78,873 $ 78,873
BA 19-034 Community Service Escrow $ 2,250 $ 2,250
Total $ - $ 369,845 $ 369,845
Prior to Actions Total if Actions
Today Taken
Departmental Budget I $ 52,157,177 I $ 52,527,022
Fund: Federal Forfeited Property
Department: Sheriffs Office
Expenditure: Decrease Increase Total
19-024 Transfer to General Fund $ 49,211 $ 49,211
19-024 Capital Outlay Equipment $ 49,211 $ (49,211)
Total $ - I $ 49,211 II $
Prior to Actions Total if Actions
Today Taken
Federal Forfeited Property Budget ( $ 272474 1 S 272,474
Section 2: Explanation
BA 19-024 budgets Port Security Grant Program(PSGP)funds received to purchase Emergency Response
Team equipment specific to maritime emergencies and tactical operations,such as a dive trailer,training
courses for the Dive Unit,a Patrol boat and motor,and K9 equipment to include swim vests. The grant
match of 25 percent will be transferred from the Federal Forfeited Property fund.
BA 19-026 budgets the Justice Assistance Grant(JAG),a joint grant with the Wilmington Police
Department,who is the lead agency. Funds will be used to purchase equipment for the SAFE Unit,
including wireless microphones for Patrol,a speed awareness trailer,and equipment for the Emergency
Response Team,such as sights and shields.
BA 19-027 budgets the 2019 Governor's Highway Safety Program Law Enforcement Liaison grant to
purchase four radars,and training and travel.
BA 19-032 budgets revenue received for FBI overtime worked during July,August and September,and for
Crime Scene Investigation lab fees.
BA 19-033 budgets insurance proceeds for 8 vehicles that were damaged during Hurricane Florence.
Proceeds will provide for replacement of up to three vehicles.
BA 19-034 budgets a donation received for the purpose of K9 supplies.
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(s) 19-024, 19-026, 19-027, 19-032, 19-
033 and 19-034 amending the annual budget ordinance for the fiscal year ending June 30,2019,is adopted.
Adopted,this 17th day of December,2018.
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•Es ABLISHEO
Exhibit
Book Xt i Page 20.3
RESOLUTION
DESIGNATION OF APPLICANT'S AGENT
North Carolina Division of Emergency Management
Organization Name(hereafter named Organization) Disaster Number.
New Hanover County DR-4393-NC Hurricane Florence
Applicant's State Cognizant Agency for Single Audit purposes(If Cognizant Agency is not assigned,please indicate):
Applicant's Fiscal Year(FY)Start
2018 Month: 07 Day: 01
Applicant's Federal Employer's Identification Number
56 - 6000324
Applicant's Federal Information Processing Standards(FIPS)Number
129 - 99129 - 00
PRIMARY AGENT SECONDARY AGENT
Agent's Name Elizabeth Schrader Agent's Name Steven Still
Organization New Hanover County Organization New Hanover County
Official Position Chief Strategy Officer/Recovery Manager Official Position Emergency Management and 911 Director
Mailing Address Mailing Address
1241 Military Cutoff Road,Suite A 230 Government Center Drive,Suite 115
City,State,Zip Wilmington, NC, 28405 City,State,Zip Wilmington, NC, 28403
Daytime Telephone (910) 798-7429 Daytime Telephone (910) 798-6910
Facsimile Number (910) 798-7277 Facsimile Number (910) 798-6904
Pager or Cellular Number (910)409-8664 Pager or Cellular Number (910) 520-9603
BE IT RESOLVED BY the governing body of the Organization (a public entity duly organized under the laws of the State of Nonh Carolina)
that the above-named Primary and Secondary Agents are hereby authorized to execute and file applications for federal and/or state assistance on
behalf of the Organization for the purpose of obtaining certain state and federal financial assistance under the Robert T.Stafford Disaster Relief
&Emergency Assistance Act,(Public Law 93-288 as amended)or as otherwise available.BE IT FURTHER RESOLVED that the above-nam . N T Y•
agents are authorized to represent and act for the Organization in all dealings with the State of North Carolina and the Federal Emergency GO 410
Management Agency for all matters pertaining to such disaster assistance required by the grant agreements and the assurances printed o , 'P
k
reverse side hereof. BE IT FINAL RESOL D THAT �e above-named agents are authorized to act severally. PASSED AND ,�
APPROVED this 17th da of ) 20 ' 0 Ir.
GOVERNING BODY CERTIFYING OFFICIAL 011110&4-i
— =
Name and Title Name 2
Jonathan Barfield, Jr, Chairman Kymberleigh G. Crowell ` .
Name and Title Official Position ':*` e'
Julia Olsen-Roseman,Vice-Chairwoman Clerk to the Board te AatlsttE9•�
Name and Title Patricia Kusek,Woody White,Rob Zapple,Commissioners Daytime Telephone (910)798-7143
CERTIFICATION
Kymberleigh G. Crowell ,(Name)duly appointed and Clerk to the Board (Title)
of the Governing Body,do hereby certify that the above is a true and correct copy of a resolution passed and
approved by the Governing Body of New Hanover County (Organization)on the 17th day of
December ,20 ter.
•
Date: I I I 1 I r 2) Signature: �•
Rev.06/02
APPLICANT ASSURANCES
The applicant hereby assures and certifies that it will comply with the FEMA regulations,policies,guidelines and requirements induding OMB's Circulars No.A-95 and A-102,and FMC
74-4,as they relate to the application,acceptance and use of Federal funds for this Federailyassisted project. Also,the Applicant gives assurance and certifies with respect to and as a
condition for the grant that
15,It will comply with the provisions of the Hatch Act which limit the political
1 ft possesses legal authority to apply for the grant,and to finance and construct the activity of employees.
proposed facilities;that a resolution,motion or similar action has been duly adopted or
passed as an official act of the applicant's governing body,authorizing the filing of the 16.It will comply with the minimum wage and maximum hours provisions of the
application,including all understandings and assurances contained therein,and directing Federal Fair Labor Standards Act as they apply to hospital and educational
and authorizing the person identified as the official representative of the applicant to act in institution employees of State and local governments.
connection with the application and to provide such additional information as may be required.
17.(To the best of his/her knowledge and belief)the disaster relief work described on
2.It will comply with the provisions of Executive Order 11988,relating to Floodplain each Federal Emergency Management Agency(FEMA)Project Application for which
Management and Executive Order 11990,relating to Protection of Wetlands. Federal Financial assistance is requested is eligible in accordance with the criteria
contained in 44 Code of Federal Regulations,Part 206,and applicable FEMA
3.It will have sufficient funds available to meet the non-Federal share of the cost for Handbooks.
construction projects, Sufficient funds will be available when construction is completed to
assure effective operation and maintenance of the facility for the purpose constructed. 18.The emergency or disaster relief work therein described for which Federal
Assistance is requested hereunder does not or will not duplicate benefits
4.It wit not enter into a construction contracts)for the project or undertake received for the same loss from another source.
other activities until the conditions of the grant program(s)have been met.
19.It will(1)provide without cost to the United States all lands,easements and
5.It wit provide and maintain competent and adequate architectural engineering rights-of-way necessary for accomplishments of the approved work;(2)hold and
supervision and inspection at the construction site to insure that the completed save the United States free from damages due to the approved work or Federal funding.
work conforms with the approved plans and specifications;that it wit furnish
progress reports and such other information as the Federal grantor agency may need 20.This assurance is given in consideration of and for the purpose of obtaining
any and all Federal grants,loans,reimbursements,advances,contracts,property,
6.It will operate and maintain the facility in accordance with the minimum discounts of other Federal financial assistance extended after the date hereof to the
standards as may be required or prescribed by the applicable Federal,State Applicant by FEMA,that such Federal Financial assistance will be extended in reliance
and local agencies for the maintenance and operation of such facilities. on the representations and agreements made in this assurance and that the United
States shall have the right to seek judicial enforcement of this assurance. This
7.It will give the grantor agency and the Comptroller General,through any assurance is bindng on the applicant its successors,transferees,and assignees,
authorized representative,access to and the right to examine all records, and the person or persons whose signatures appear on the reverse as authorized to
books,papers,or documents related to the grant. sign this assurance on behalf of the applicant.
8.It will require the facility to be designed to comply with the'American 21.It will comply with the flood insurance purchase requirements of Section 102(a)of
Standard Specifications for Making Buildings and Facilities Accessble to, the Flood Disaster Protection Act of 1973,Public Law 93-234,87 Stet 975,approved
and Usable by the Physically Handicapped,"Number A117.1-1961,as modified December 31,1973. Section 102(a)requires,on and after March 2,1975,the purchase
(41 CFR 101-17-7031). The applicant will be responsible for conducting of flood insurance in communities where such insurance is available as a condition for
inspections to insure compliance with these specifications by the contractor. the receipt of any Federal financial assistance for construction or acquisition purposes
for use in any area that has been identified by the Director,Federal Emergency
9.It will cause work on the project to be commenced within a reasonable time Management Agency as an area having special flood hazards. The phrase'Federal
after receipt of notification from the approving Federal agency that funds financial assistance'includes any form of loan,grant,guaranty,insurance payment
have been approved and will see that work on the project will be prosecuted rebate,subsidy,disaster assistance loan or grant or any other form of direct or indirect
to completion with reasonable diligence. Federal assistance.
10.It will not dispose of or encumber its title or other interests in the site and 22.It will comply with the insurance requirements of Section 314,PL 93-288,to
facilities during the period of Federal interest or while the Government holds obtain and maintain any other insurance as may be reasonable,adequate,
bonds,whichever is the longer. and necessary to protect against further loss to any property which was
replaced,restored,repaired,or constructed with this assistance.
11.It agrees to comply with Section 311,P.L.93-288 and with Title VI of the
Civil Rights Act of 1964(P.L.83-352)and in accordance with Title VI of the Act, 23.It will defer funding of any projects involving flexible funding until FEW
no person in the United States shal,on the ground of race,color,or national makes a favorable environmental clearance,if this is required.
origin,be excluded from participation in,be denied the benefits of,or be
otherwise subjected to discrimination under any program or activity for which the 24.It will assist the Federal grantor agency in its compliance with Section 106 of
applicant receives Federal financial assistance and will immediately take any the National Historic Preservation Act of 1966,as amended,(16 U.S.C.470),
measures necessary to effectuate this agreement If any real property or structure Executive Order 11593,and the Archeological and Historic Preservation Act of
is provided or improved with the aid of Federal financial assistance extended to the 1966(16 U.S.C.469a-1 at seq.)by(a)consulting with the State historic
Applicant,this assurance shall obligate the Applicant,or in the case of any transfer Preservation Officer on the conduct of investigations,as necessary,to identify
of such property,any transferee,for the period during which the real property or properties fisted in or eligible for indusion in the National Register of Historic
structure is used for a purpose for which the Federal financial assistance is extended places that are subject to adverse effects(see 36 CFR Part 800.8)by the activity,
or for another purpose involving the provision of similar services or benefits. and notifying the Federal grantor agency of the existence of any such properties,
and by(b)complying with at requirements estabished by the Federal grantor agency
12.It will establish safeguards to prohbit employees from using their positions to avoid or mitigate adverse effects upon such properties.
for a purpose that is or gives the appearance of being motivated by a desire
for private gain for themselves or others,particularly those with whom they have 25.It will,for any repairs or construction financed herewith,comply with
family,business,or other ties. applicable standards of safety,decency and sanitation and in conformity
with applicable codes,specifications and standards;and,will evaluate the
13.It will comply with the requirements of Title II and Title III of the Uniform natural hazards in areas in which the proceeds of the grant or loan are to be
Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646) used and take appropriate action to mitigate such hazards,including safe
which provides for fair and equitable treatment of persons displaced as a result of land use and construction practices.
Federal and Federally assisted programs.
STATE ASSURANCES
14.It wit comply with all requirements imposed by the Federal grantor agency
concerning special requirements of law,program requirements,and other The State agrees to take any necessary action within State capabilities to require
administrative requirements approved in accordance with OMB Circular A-102, compliance with these assurances and agreements by the applicant or to assume
P.L.93-288 as amended,and applicable Federal Regulations. responsibility to the Federal government for any defidencties not resolved to the
satisfaction of the Regional Director.
I
Exhibit Y
Book XL Page 20a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CHEMORS CONSENT ORDER RESOLUTION
WHEREAS, New Hanover County and the entire Cape Fear region learned of PFAS and emerging
containments, and most specifically the contaminant known as Gen X, are present in our drinking
water source—the Cape Fear River; and
WHEREAS, the most consequential source of Gen X is Chemours, a manufacturing plant along
the Cape River in Bladen County, North Carolina; and
WHEREAS, since the presence of Gen X was reported local, state, and federal officials have been
advocating for research, water treatment, and enforcement of PFAS and Gen X; and
WHEREAS, the entire region, including residents of New Hanover County have also been calling
for more research, water treatment, and enforcement of PFAS and Gen X; and
WHEREAS, the North Carolina Department of Environmental Quality (NCDEQ) along with others
have been negotiating a consent order with Chemours; and
WHEREAS, said negotiations ostensibly have included no local, state, or federal officials from the
region or specifically New Hanover County; and
WHEREAS,the absence of these officials has resulted in a proposed consent order that is far from
comprehensive; and
WHEREAS, the court is accepting comments on the proposed consent order until December 21,
2018; and
WHEREAS, the Cape Fear Public Utility Authority (CFPUA) has identified deficiencies with the
proposed consent order to include but are not limited to:
1. The proposed order does not resolve the problem of PFAS contamination in drinking
water supplies for New Hanover County;
2. The proposed order fails to provide a solution for the citizens of New Hanover County
who continue to be exposed to PFAS compounds at levels higher than 10 parts per trillion,
individually, and 70 parts per trillion combined;
3. The proposed order does not address river sediment contamination, nor does it suggest
possible remediation solutions;
4. The proposed order does not address damages to groundwater in New Hanover County
through the contamination of the Aquifer Storage and Recovery (ASR) site.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
hereby calls on NCDEQ to demand Chemours return to the negotiation table and reopen the
agreement for the purposes of including more requirements for research, water treatment, and
enforcement of PFAS and Gen X in the proposed consent order.
NOW, THEREFORE, BE IT FURTHTER RESOLVED, that the New Hanover County Board of
Commissioners does hereby endorse incorporating statements to address concerns as noted by
CFPUA in the proposed consent order between NCDEQ, Chemours, and others.
NOW, THEREFORE, BE IT YET FURTHER RESOLVED, the New Hanover County Board of
Commissioners calls for the following at a minimum be included in the final consent order:
1. Chemours reimburse CFPUA no less than the cost for the new Granulated Activated
Carbon filtration System at the Sweeney Water Treatment Plant, estimated at$46 million,
and the potential for additional GAC filtration systems installed at the multiple
wastewater treatment plants in NHC, and other associated costs with planning and
operations for these plans;
2. NCDEQ develop a plan of how to address the PFAS and PFOA(C8) build up in the riverbed
sediment and in local ground water and crops;
3. Installation of under counter Reverse Osmosis systems, or, bottled water distribution to
homes affected by PFAS contaminants, until CFPUA water can be cleaned;
4. Long term monitoring for all PFAS and PFOA in CFPUA water supply;
5. Medical monitoring requirement, which may take additional action by the Legislature to
make happen.
ADOPTED this the 17th day of December, 2018.
NEW . a NOVER COUNTY
1 ,
1 i ;.%■;; . t'') onathan Barfi:,'' Jr., hairman
.tei, ki ` ,W
"^ ATTEST:
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Ky berleigh G. rowell, Clerk to the Board