HomeMy WebLinkAboutAgenda 2009 10-19AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmin ton, NC g TED DAMS, JR., CHAIRMAN • JASON R. THOMPSON, VICE-CHAIRMAN
ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
OCTOBER 19, 2009 9:00 A.M.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION (Mike Davis, Senior Pastor, Trinity United Methodist Church)
PLEDGE OF ALLEGIANCE (Commissioner Robert G. Greer)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of 2010 Schedule of Regular Board of Commissioners Meetings
3. Ratification of Grant Application to the Cape Fear Memorial Foundation to
Purchase Medical Equipment and Acceptance of Grant Award
4. Approval of Grant Application to the North Carolina Department of Health
and Human Services Division of Public Health Asthma Program
5. Approval of New Hanover County Personnel Policy Revisions
6. Approval of Acceptance of ARRA Funds for the Elderly Nutrition Services
Program
7. Approval to Apply for Senior Center General Purpose Grant Funding 8. Approval of Release of Tax Value
9. Adoption of Ordinances for Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
9:10 a.m. 10. Presentation of Employee Service Awards and Introduction New Employees
9:25 a.m. 11. Presentation of Plaques and Certificates for Participation in the 2009 Summer
Youth Employment Program by LINO, Inc.
9:30 a.m. 12. Consideration of Lights On Afterschool Day Proclamation
9:35 a.m. 13. Consideration of Adoption Awareness Month Proclamation
9:40 a.m. 14. Consideration of Funding a Feasibility Study for New Hanover County to
Assume Responsibility of Beach Renourishment Activities
10:00 a.m. 15. Presentation on Proposed Wilmington Trolley System
10:10 a.m. 16. Presentation of Community Child Protection Team Annual Report and
Appointment of Members
10:20 a.m. 17. Consideration of Proposed Amendments to the Language of the Legion
Stadium Interlocal Agreement with the City of Wilmington
10:25 a.m. 18. Consideration of Acceptance of a Grant from the North Carolina Parks and
Recreation Trust Fund for the Development of Smith Creek Park 10:35 a.m. 19. Presentation on Proposed New Hanover County Endowment Program
10:42 a.m. 20. Committee Appointments
NON-AGENDA ITEMS limit three minutes
Boar o Commissioners Meeting ~ nn a~~nna
1V/ ll/LVVI
ADDITIONAL AGENDA ITEMS OF BUSINESS
10:57 a.m. 21. Additional Items
County Manager
County Commissioners
Clerk to the Board County Attorney
11:07 a.m. 22. 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 ~ nn a~~nna
1V/ ll/LVVI
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review meeting held on October 1, 2009
Regular Session meeting held on October 5, 2009
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 1-0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
CONSENT
ITEM: 2
DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of 2010 Schedule of Regular Board of Commissioners Meetings
BRIEF SUMMARY:
Consider draft of suggested dates for the 2010 Schedule of Regular Board of Commissioners Meetings.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve 2010 Schedule of Regular Board of Commissioners Meetings.
ATTACHMENTS:
2010 Schedule of Regular Meetings
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 2-0
DRAFT
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
2010 SCHEDULE OF REGULAR MEETINGS
MEETING PLACE: NEW HAN01/ER COUNTY COURTHOUSE
24 N. THIRD STREET, ROOM 30~, WILMINGTON, NC
MONDAY, January 4, 2010 6:00 P.M.
TUESDAY, January 19, 2010 9:00 A.M.
MONDAY, February 1, 2010 6:00 P.M.
MONDAY, February 15, 2010 9:00 A.M.
MONDAY, March 1, 2010 6:00 P.M.
MONDAY, March 15, 2010 9:00 A.M.
TUESDAY, April 6, 2010 6:00 P.M.
MONDAY, April 19, 2010 9:00 A.M.
MONDAY, May 3, 2010 6:00 P.M.
MONDAY, May 17, 2010 9:00 A.M.
MONDAY, June 7, 2010 6:00 P.M.
MONDAY, June 21, 2010 9:00 A.M.
MONDAY, July 12, 2010 2:00 P.M.
MONDAY, August 2, 2010 6:00 P.M.
MONDAY, August 16, 2010 9:00 A.M.
TUESDAY, September 7, 2010 6:00 P.M.
MONDAY, September 20, 2010 9:00 A.M.
MONDAY, October 4, 2010 6:00 P.M.
MONDAY, October 18, 2010 9:00 A.M.
MONDAY, November 15, 2010 2:00 P.M.
MONDAY, December 6, 2010 6:00 P.M.
MONDAY, December 20, 2010 9:00 A.M.
Conference Dates
NACo Legislative Conference, Washington, D.C. March 6 -10, 2010
NACo Annual Conference, Reno/Washoe County, NV July 16 - 20, 2010
NCACC Annual Conference, Greenville/Pitt County, NC August 26 - 29, 2010
Chamber Conference, Washington, D.C. September 13-14, 2010 (Tentative) NCACC County Assembly Day DATE TBD (May/June 2010)
Board of Commissioners Meeting ~ nn a~~nna
1 V/ l1l/ L1VVJ 2 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
CONSENT
ITEM: 3
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall
CONTACT(S): Donnie Hall
SUBJECT:
Ratification of Grant Application to the Cape Fear Memorial Foundation to Purchase Medical
Equipment and Acceptance of Grant Award
BRIEF SUMMARY:
New Hanover County Fire Services requests ratification of its grant application to the Cape Fear Memorial
Foundation. This grant would provide additional equipment that would allow all first-out fire apparatus and
staff vehicles to have immediate access to automated external defibrillators (AEDs) and Masimo PulseOX detectors to detect high levels of carbon monoxide (CO) in a person's bloodstream. The detectors would help
determine if a patient needs to be transported to a facility with a hyperbaric chamber. Currently this type of
equipment must be moved from apparatus to apparatus depending on needs. There is an opportunity for
situations where this vital equipment could be tied up on another incident and, therefore, unavailable for
additional incidents. We requested grant funds to purchase 10 AEDs at $2,300 each and 6 Masimo RAD-57
PulseOX at $3,750 each, for a total grant request of $45,500.
Cape Fear Memorial Foundation approved a grant of $23,000 to fund the purchase of 10 AEDs. There is no
County match required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratify grant application, accept the grant award, and adopt the ordinance for budget amendment 10-074.
ATTACHMENTS:
Cape Fear Memorial Foundation Grant Application
Cape Fear Memorial Foundation Grant Award & Contract
B/A 10-074
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 3-0
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~'han~ you fot4 su~rrt~t#in your grate apptieatiau to gape Fear Mem~t•~a~ ~~~un~ati~n.
Please note ghat ate ~ ~ ~ copy of ~t~e appllcatlan, ~v~~~t ~ti~nl sit~a~ures, n~s~ be ~~EI~'E~] in .
the Foun~a~tot~ aff~ce by 5 ~~0 p.t, on Jut~y ~ oti ,duly t Sty' ~~x' the folloin business da ,
A~pp~ieations should be rrlailed pia RE~L~~ malt ar hand ~el~~ered toy
Mr, C~att•Y at~r~s, President
gape Pear Memorial Faunation
~5~5 Ind~epet~dence Boute~at*d
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{91 D} ~4~y5S79 fay
~~~~Iese ~I~o email ~ ~~p~ of the ~p~Iic~t~on with the tta~h~~nt~
bth~a fmfd~,or. ~
~ ~ } ~t~el~de ~~T~ E~I~~eeu~i~~e ~ireetoti ANI~
~aard hait• sit~a.tures ota signature page,
Include a copy of your a~~anizatia~s
deterxn ~natiotl letter.
~taelude 1~i~tdlotl~~llatl~~t t'epot•ts, Fit~t~eial
~atet~~etlts oar ~'ott~~ ~9~ far the pre4fia~~s ~
years.
nclu~e at~gat~i~ational ehat•t cif a~ailablc},
~ ~ ~~~er~se c~~ (9~ 4.~~-~~~ ~ r .~to ~r a ~e ~~~~y ~~~s~i~~rs o~~ ~o~x cep;~~~ ~ ~
Board of Commissioners Meeting CAPE FF.~R NIEI~iQI~AL ~~UNDr~TION ~ n~~ A~~nnA ~~~A , n~~
GRANT APPLICATION FORh# 1 • " Last Re-.ised: 01-14-09-BD 3- 1 - 1 !
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lY~~~~~~ly ~~VIV~1`IT~~ I I i
~A~T A~~~ICATI~C 1~
~r ~rr~r"~aiiorr fir or~rrra~r'or~
Name; Ne~v ~~~iaver Court Fire Reset~e
P~~ys~cal Addre~~ X34 ~~vei'r~ine~~t Center Drive, Suite ~ ~ ~Vf~iTiiIl~to~], ~ 2840
Mail~llg Address. ~0 Cover€~~nent Center Drive, Suite 1~0 ~il~xxinton, ~C 2840
Telephone . ; 9 ~ 0-798~74~0 fax 9 ~ ~-?95-705
Federal Tai ID 5G-6~00~~ Leh Site; ~v~v~v,rihcfirere~cue.org
Contact Information
Pl~imal~ Contact. Doran Flo~vers Title; Cap~aii~
Telep~~one ~ ~ ~-795-7080 Fay # ; ~ ~-798~~4~~
E-I~nail Add~'ess; dflo~~~ers rnhcgov,coiix
~~I~xecutive Director Information
~Car~e; Darli~ie Ha.~l Title; Chief
Telep}lone 970-79~-7~d~ Fax 910-79$~705~
-mall Address; ~ha1li~hc~ov.calrl
YIIII~ YIYr• IIYY iMY1M~~ii~ IIY~Inn~ yr~
1, summarize the o1•ga~xl~atio~~' history and current ope~~ati~~~s, Please llmtt ~~esponse to 1~~0 wo~•ds~
I~ew ~anaver Jaunty t+ire Rescue began operations in 1~9G, ~urir~g the ti~.e >~ince a erg#rons
begin, NI~C dire Rescue has continued to make in~provemen#~ in its service deliver,
Currently we provide ire sr~ppressian, technical rescue, medical fiat response, end ire
prevention.''e operate ~t the AMT basic ievel ~vith an expanded scope, The expanded scope
~lla~vs us ~o provide a higher level of care end administer certain Iife saving n~edretions~ we
have been eery active in responses #o chest pain and cardiac related incidents.
Please attach ora~~IZat~otxal ClYal-t QI' summarize the o~~ganizatian}s ~nanae~el~t~persot~nel structure,
Please limit 1•espol~se to X00 ~v01•{~~~.
The argani~ation is headed b thief and #hen is split into three di~risions; each division is
headed by ~]eputy Chief, The Ad~ninistrtian ~ivYSion oversees Cade enforcement and
administrative m~#ters, while the Logistics Division is responsible fa~• making sure the
department has the equipment end resources it needs ~'i~ally, the ~peratians Division is
responsible for service delivery. within the ~per~#ians Division, we have a Training Captain
who is responsible for staff training, The ~per~tions Division is furthe~i >spl~t into three shifts with a Lieu#enant supervising t~va firefighters per sta#ion and a ~attlian Chief in charge of
the entire shift, There are currently seven stations wi#h ~n eighth going Iive on August
zaa~,
~~mmarl~e the baekgr~ut~d o~ O~•~~izt~~'s ke~.~~1'sc~r Heil. Please li1~~ response to r~ords)
oar o omml 1 Hers ee in~ c~E FEAR hfEhSORIAL F~UIti'D~TI~~ ~ n~i A~~nnA page ~
GRANT APPLICATION FORM 1 Last Re}ised: Ol-14-09- BD 3 - 1 - 2
i S each of the thief level officers have numerous years of experience in the fire service and
continue to ~#rive #o4vard the ~nosf cost effective and efficien# arganizatian ossihle.
p 4~ # tt7e ora~~izatio~~ accredited any age~~cy or are a~~y accreditatiotxs planned? rf yes, please provide
details.
The department is na# accredited, but #here are plans #o da sa. eve ire Curren#ly in the
process of having a master plan developed to plan our future,
rief}y discuss fire organization's board and staffdeveloptnent policies. Additiona}}Y, discuss the
organization's participation in the offerings for development offered by ENS. {)'lease include fut~~re
plans}
~fA
G, Does t}~e orga~~izatian have any affiliations ~~ith ~~ational organizations to ~vhicb dues o~• fees are paid?
~f yes, please pro~ride details.
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7. Does your organization t~a~v, or does it pion, to engage in tl~e pro~~~otiot~ of political causes or in
affecting any state ot• federal legislation? Ifyes, please explain.
NIA
~~i~~~; ~~~~TC`~I~'~~ ~r~a~~~~ ~rlre~rve~• ossr'~~e,~
l , ghat is tine purpose of tiais request? Please limit response to one sentence
To purchase additional ~I~~I~s and ll~asirna Puise~ ~vifh ~ deter#ion,
2, ghat is the geograp}~ic a~•ea and ta~~get popu}atio}~ to be affected?
The main geographic area is the un-incorporated portions of I~e~v Hanover bounty, but due
fa the mutual aid agre~nenfs, #hat can anciude areas of neighboring cities, to~vns~ and
counties.
3, #s this a ne~~v or an existi~~g prora~Ip~~o~ect?
This is an addition to the current pra~ecf,
4. umtnarize fire progran~lproject. Please li~n.~l response to 1004 ~vords~
If is our goal to ~na~e sure th# Il first out fire apparatus and staff vehicles have immediate
access to A~Ds and all firs# out apparatus have access to 1Vlsimo l~ulse0 de#ectars capable
of deter#ing carbon monoxide levels in the blood strewn, Laving the ability to detect high
levels of ~ in a person's bloodstream and help determine in the field if ~ pa#ienf should be
transported #a ~ facility ~vith a hyperbaric chamber. 5, is this a}~ evidence based i~~tervention Cite previous uslsuccess and sources}? "loot applicable" i an
aeceptab}e ans~~er to this questio~a.
since eve have had A~Ds availabie~ our department has been highly successful w~#h their
use in the field,
b, Dune t}7e roles ofthe prog~•a~~lproject's key persatanel ~p}ease specify t}~e pe~•sonnel as ne~v or existing
its t}~e ora~~izatio~~} and other pat•tner agencies ~inelude lette~is of agreement from ar~y collaborative
pa~•tner~•
This project does not require ne~v personnel ar partner agencies above and beyond thane that
already exis# such as NHR ~1VI, eve are part of the model 1V~ system run thra~ugh
i~HRNi,
7r l7at are the progratnlp~•o~ect ~i~antitati~e rr~easures ~l~umber se~iwcd, success rate}?
The project is really abau# providing addi#ional equipment availability to a program that
already exis#s, Yt is our goal #a mare this equipment available as of#en as passible. ~Vlany
times, Al~~s are moved from apparatus to apparatus depending an needs, The~•e is the
opportunity far situations ~vhere #his vital equipmen# could be tied up an another incident
and therefore unavailable far additional incidents
~A ~~.I: YAK ~,ir0 0' ~T~ T~'
~ ~ tde~~tifylDefit~e ~•esults oft}~e prog~•a~~lpro~ectF Please }unit respo}use to SDO ~vords}
Board of Commissioners Meeting c~p~ ~~~~o~~ raonor~7~a~ ~ n~~ A~~nnA
GRANT APPLICATION FORM Imt Revi~~: 0 1-I4- .,BO 3- 1 -3
i
The ~results~ of #his pra~ee# i# to increase the availability of fife saving equipment Zvi#hin the fire
department #a be#ter serue the citizens and visitors of ~e~~ Hanauer ounly, List tl~e proram~project critical steps and timeline far compl~ti~n,
secure funding from autside resaurces due to budge# shortfat~s
order equipment
3. Place equipment into service
4w i~o additional training i~ required due #o the fact, additional units are already being
r used ~n the field
Total timellne~~'~~~. depend he►~ily on secux~ng auts~de funding saurces« once funds are
secured, equip~nen# orders will be placed, Typical delivery time is to ~0 days, knee
equipment is received, it ~uitl be placed into se~~vice immediately,
ghat milestones will tl~e organizatio~~ ~~ecog~~ixe as steps to~~ard success ~n the timelit~e'~
Order placement, equipment delivery, and eq~ripment plcemnn#,
bite expected benefits to the com~~unit~ as a ~~hole upan success ofthis p~~og~•am~project.
The benefits to the community will be better availabili ofA~Ds an fire apparatus and the
addition of the capability to determine in tl~e field cases of carbon mano~ide exposure,
~A 7' ~ CIA ~ ~`I~~V
~ , ~ttacl~ financial staterr~ents ~al~dits, con~pil~tions, o~~ fo~•ms 9~~~ for the mast recent fiscal dears, It'
deficits were incurred, ha~~ were they covered`?
The last t~vo years have been provided The most recent year is in electronic formats ~vbile the
previous year is in printed farm,
2, List the o~+gan~zation's fl~nd~Ilg sau~~ces and amou~~ts ove~• the previoz~s ~ years by eutego~~ ~p~•iv~te,
gral]tS, f~~ fQl' se~•vlce, etc}~
Fire Dis#r`ict X407 - 4s~0~ }7~~ ~4D8 - b,0~~,028
Orants; ~00~' ~1~,0~~ ~DaS ~1,~~7, ~
does tixe a~•ganization have at~y e~~do~vme~~t funds? l~at a~~e the restrictions o~~ these fauds? ~o
4. De~relop a. complete programlprojeetbudget; 1~1Cll~dln expe~ases 1nQm~, fa~~ the period fu~ad are
regaested,
Pro~eet ~r~dget; ~'ro~n To ~IZ014
el~ses date o~ } Ineame sources
~0 A~Ds ~ X200,00 each Z~,l1UD,alI currently nv income source
1V~asirna SAD-~7 Pulsed X22,40.00 available for this project
Due to economic candition~
Tatar expenses: ~ ~~,04.00 Total Income, 4,00
Please ite~~i~e the sources of fi~~xding for both this request and. the orgat~l~atlon as a ~~i~oie for the
period of this grant, Include public, private, fee far se~~ice, fundraisi~xg a~~d ether sources in additio~~
to the sta#us {budgeteda pendi~~g, app~'aved or disapproved} ai'the projection.
Fire Des#r~~ ~x Col~ec~~on: Bud~t~d M~Ifi~~ de~~ndf~g o ~~x co~~ec~ion
gate.
Board of Commissioners Meeting caP~ FEr1R I4~E~4iflRIA~. ~DUri~~l~71~~1 ~ n~~ A~~nnA aa~p Q n~~
GRANT APPLICATION FORM Last R"ised, 01-14-09-BD 3 -1- 4
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~r aui~ation Amount eta#us
Cape `ear Mctrtoria~ Fou~tdation 4,~4~U~ App~iec~ ~`or
Total Amounf~ X45 UD0,1~1~
~U~~ OF F~~]~N FAR ~~tGA~ATI(~I~;
0~ aniz~t~on Amvnt status
$~S,~DO~Ot~ Applied fo~~
gape Fear emo~+ia~ Fo~~ndation
't'otal A~moun#~ 4~ OD.~I~
Ifthe f~~~ds are to be used for capital acquisition, please attach quotes or estimates, Tl~is equipment is got conide~~ed capital due to the individual unit cost,
7. ~fprogramlproject increases operati~7 costs, ha~~ ~viil these i~xcreases be funded ae~• the grant period`?
~f the Best of the equipment gaes up and therefore the cost of the project, the fire deparrre~~t will attempt to secure
additional funds from otl~er sources to rr~ake up the difference, The prices given are tl~e n~ost reee~t paid for the same
equipment,
S. Ha~v ~~i~l this p~•oralnlproect increase t~xe sustainabiiity oft~~e o~~ga~~izatian as a ~vhole~ This project ~~ill increase the ability afthe fire department to ir~s~~re a timely ~~esponse to medical emergencies with the
appropriate equipment for cardiac a~•rest and carbon ma~~oxide ineidentst
P~~ ~VO~'~ -Cape Fear Metnoriai Fou~~datian requires periodic pz~ogres ~•epoi~ts to be co~~pleted
ir~fortnin the p`ou~~dation of tine p~io~+ess made b tine organizatio~~'s p~•agramlp~•o~ect, Cra~lt pa~tne~~ts are conti~~ent upon ~•eceipt and re~~ie~~r ofthese ~~epo~•t~,
~~a#e. ~,~~rores~ ~e~or#~~rr~r~r r~~~ e~rcl~ser~~~r~raj~c#~~ ~re~~ar~s~y ~a~td~d f~r~ ~~~lt~~~lr ~rr1 rrr~~~r~rr1 repor# ~rrr~ r~o#,~~#
~ee~r ~~~tr~{e, ~~ease cv~rrple#e tlte~ort~ts c~~rrt refrfrr~ ~~~i#It #Ir~,s ~p~~~~c~~~o~~~
S'.~IT~'D .B
Typed ar Panted Name of CE~1Exec~tive Director Typed ar Printed Name ofBoard Chair
signature of C~DIExecutive Director signature ofBoard Chair
Title Date
Date
Board of Commissioners Meeting CAFE F~,~R ~f~MORiA~, FoUh°~r1TI~~' ~ n~~ A~~nnA ~~Q~ ~ nor,
GRAR'T APPLICATION FDRIIi 1 . " " Fast Re}zsed; 01-14-09-BD 3- 1-5
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Board of Commissioners Meeting c~~ ~E ~~~~~o~~~►~. Fou~~~rta~ ~ n~~ A~~nnA ~aa~ ~ ~f~
. »v L Last Revised: GI-14-09-BD 3- 1-6
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Hea~~~t~~ FI'~-~- Defi~ Det~i~e~~~ie~v~ Page ~ of ~
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sense .ts~~~ i~t~~~l11[ltjf
'rt~s~e~ ma~~ a~t~n by ~~~o~e depel~tl~i~d oil ~o gave live
The HearkStar~ fR2+ Defibriilakor has come to
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1:- ~ efFicient o ratiafl an r ! pe d ap d deiivery of life- ~`"s: ~~M : .
i saving therapy. Commands are tf@dr, ~
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The kherapy delivered by the Hearts#ark FR2+
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+ Over 8 hours of data collection
~ Programmable voice record}ng A~,tamated self-tesks
F trReady-far-Use" Indicator yang-life battery; shocks ~rnlnimumJ ar iz hours mar~itorir~g
+ Pads can tanned to mast Ai_S deflbriilatorJmonitars v}a pads adapters
Research shoxvs that far same patientsr espeaally those in fang-duration cardiac
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characteristics of ashockable heart rhythm ar~d advise the user to provide either an immediate defibriilatian s3~ock ar CPR first, falla~~red by a shock.
~ i~ulclc Shock Research also suggests that the apporkunity far survival can be improved if
interruptions to CPR are minims=ed,3f4 The Quick Shack capability of the Heart tart FR~+ Defibrillator readies khe deflbri}latar withi~l seconds to deliver a shock, reduc}ng
the time bekti~een CPR and defibrillation.
1. C~~bLA, etar, J,4~fA, 1999; ~81~~3J:118~-118$
2. Wrk L, et ar, JA1~rA,10E73 Mar 19; 2$9(11):1369-1395 3. i'~ r, etal. Cirrulatrorr. ~0~2; 1i~6:368-372
9. E~e~ta1 r, et a1. Qmrratrorr, ~t~~2; X05: ~27a-~27,~
ht#p:~Jw~vw. medical.Philips,comJmainJpraduttsJresuscitationJprodutts~fr~pius~ ~200~-~Db9 Kaninkiljke Phil}ps Electronics f~.V. A}I rights reserved.
Board of Commissioners Meeting ~ nn A~~nnA
ttp:f/www,medical. Dili .co /main/ roduct A{c us7citation/ roducts/fry lull
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~SpCQs"}, mathemoglobin ~5pfrlet~'~ and pokentially ether future parameters. t~
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end continuously M~5irno Rad-aT f~c►fsa CO Oxr'rraefer ~ Eliminates kha risk of misdiagnosing unsuspected CQ poisoning as flu
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De Felice et af_ The pulse aximeter perfusion index as a predictor for k~igh il~ness severity in neonate. Eur J Pedatr ~t7~2 ; f 61:5Sf-562.
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(949} X97-Tt700 Emaki; infor~.a~i~~:com
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~ Maxima • Your Resource far Fire & EMS Grant Assistance
Board of Commissioners Meeting ~ nn A~~nnA f
https://www.rkb.us/contentdetail.cfm?content-ia=t 7752 91212009
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4~xrssr;,. ' M~~~~~1.. J 4I~~~~I~J~~
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~rgani~atiol~~ ~e~~r ~at~o~er aunty Fi~~e Rescue
ArY~oun~ of Grant: 23,~0~,00
Dade of Pa~~men~; i Ali 51009
Terms of ~fan~w i Manths
Project T~~le~ Emergency Rescue >~quip~~en~t- AED
Grand H~: #114
~'he falia~~ing te~~7~s are agreed upon as conditions far this g~•ant~
1, ~'he tax-exen~pt status verified in the proposal is still valid; any changes i~~ tl~e organization that could
lead to a change in the status will be reported to Cape Fear Mcn~aria~i Foundation immediately
Tl~e fu~~ds ~~ill be used ~y the above-named orga~~izatio~~ solely fa~• the pul`poses described in the project
title above. ~Io end ~~ill lie utilized far the pu~ose afpz~o~notio~7 or advancement ofpoliticai causes
Tl'_ie organization will beep at~d ~7laintain records of expenditures adequate to verify the use of grant funds.
Prag~•ess reports eol~ce~~~l~~g budget, personnel and program developments ~vili be tnnely completed and
returned to Cape Fear Mernarial Foundation, Misappropt`iation ofgrants ft~n~s or unsatisfactory prag~iess
has deter~uined ~y the Foundation} naa}~ ~'esuit in demand that the grantee repay grant funds to the
Foundation,
The organizatlot~ ~~rill repay, upon demand, to Cape Fea~~ Melr~orial Foundation the a~~~a►~nt of tl~e grant if
any condition of the ca~~t~'act is not upheld, Additionally, the arganizatian ~~►ill repay Cape Fear Metr~orlal
Foundation an amount equal to tl~e boob ~Talue of any assets aectuhed through a capital graft fia~7~ Cape
Fear Memorial Foundation if and ~~he~~ your` organlzation i sold, or loses its tax-exet7lpt status ar na
longer pro~Fides set~ices consistent ~vitl~ those s~~ppo~~ed by this grant,
5, The a~•ganization will send to the Foundation copies of any pri~~ted publicity ~`egarding tl~e a~~vard~n o~ the
giant or the program supported by the ~•ant; the orga~~izat~ox~ nay, if it chooses, refer to Cape `ear
l~lemorial Fa~~ndatior~'s support in any such publicity,
Future payments under multi-year grants will be subject to availability offends and to satisfactory re~Fie~~v
of progress reports which document ~neaningful progress to~~ard the goal,
7, The follo~~it~g special terms will b observed: Fends are to be used far the purchase afAEDs only,
The te~~.ns of this cantract are accepted by:
APB SIG F~~11~DAT~G~ I~e~v Ha~iove~~ Conner Flre ~e~cue
By: ley;
Aroma Fr~~►~.~, CPA, President Primed or Typed Name o~'Board C~~air~~~an
Date: September ~3, X009 By;
signature of~oard Chairman
Board of Commissioners Meeting ~ nn A~~nnA , .
3 2 2 Date:
i
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I~ED~Iki. ~~~~fDA~'~~i~ ~
~T TRAC'
~rganiz~tio~~; ~Te~~ ~anaver County Fi~•e Resc~~e ~
,~1ri011I~t U ~x~'~llt► ~~~~a~.~o
lute Of ~'ylrle~lt; i01151~Da9
Te~~~n of x•a~at; ~ ~ N~onths
~~fu~ec~ Tile: ~e~ige~cy Rescue ~ctuip~.ent- ~
r•a~at X #i i46
The folloin.g tet•~~s a~•e recd upax~ as canditio~~s fog this ~~~a~~t.
I, Tl~e ta~~exem~t status ve~~ified i~a the pz•oposl is still valid; ~x~y changes ~ the o~•aniatian that could lead to a change in the statl~s ~~ill be reported to Cape Feet{ Memo~iial Foundatio~~ im~.nedi~tely.
The funds mill be used the abo~e~zlamed arganizat~o~~ solciy fog the pu~poscs descrik~ed i~~ tine project
title above. No funds ~v~ll «t~l~~ed fay file purpose ofp~•o~notiat~ or adva~~cen~er~t ofpoXitical causes
rThe o~~gani~atio~~ ~~ill keep and mai~tai~ reco~•ds of expe~Iditu~~es adcgiz~te to ~e~•ify the use of g~Fant funds,
Progress ~~epo~•~ conce~•ni~~g budget, persarrnel a~ad program develop~ne~~ts will be timely completed and
~•etut~ned to Cape Fe~~* Me~~.~~•ial ~ouzldation, Misappropriation of grants funds or ut~satisfacto~y prag~•ess
dete~~nined by the For~rxdatio~~} ~~~ay ~•esult in denaaz~d that the grantee repay grant funds to the
Follridc~~10I1,
4, rI`he organi~atiotr ~~ill repay, upon demand, to Cape Fear Me~~~orial Foundation the at~ount oftl~e ~•a~~t if
any condition of the co~~tract is not upheld, Aditio~~all~, the atganizatio~x will ~•epay Cape Fear Me~r~arial
Fou~~datia~ an an~aunt equal to the hook value of any assets acquired though a capital gra~~t fi~am Cape
Fear Memo~~ial Foundat~~z~ ~ end when your organi~atlon ~s sold, or loses its tax-e~e~~apt status ar Sao
lo~~ger provides ser~rices ce~~istent v~ith those suppo~~ed b~ this ~;ant,
5. The o~•ganization will send to the Fol~ndation copies of any printed publicity r~g~~•ding fire a~rarding o~'tlre
rz~t o~• the p~~ogram su~por~ed by the grant; tl~e organi~tion may, if it chaoses, refer to Cape Fea~•
Me~n.orial Fo~~~~c~~t~on' support in a~~y such publicity.
Futux•e payments u~rder multi-yea~~ g~•a~~ts ~~ill be subject to availabzlit}~ of funds a~~d to satii`acto~y review
ofprogress reports Which document ~~e~.ni~~gfui prog~~ess toward the goat
Tl~e failo~ving special tell~.s will ~e obse~~ved; Funds a~Fe to ~ used foY• tl~e purchase of AED~ only.
The tens of this contract are accepted.
CAE ~1~1A ~ A~ ~`~~ATI~N New Flauove~~ Coul~► Fi~'e ~ecue
~y: By.
A~~~ Er~~in, CPA, President P~•in~d o~• Typed ~ait~e of Bard C~7ai~~lnat~
Date; September ~~~9 ~y: -
Signa~~~'e ot`Baard C~~airman
Board of Commissioners Meeting ~ nn A~~nnA , .
ijae: 3-2-3
AGENDA: October 19, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-074
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-074 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Fire Services
Department: Fire Services/Operations
Ex enditure: Decrease Increase
Fire Services/0 erations:
Su lies- Firefi htin $23,000
Total $23,000
Revenue: Decrease Increase
Fire Services/0 erations: Grant-Local CFMF $23,000
Total $23,000
Section 2: Explanation
To budget the receipt of a $23,000 grant to New Hanover County Fire Services by the Cape Fear
Memorial Foundation (CFMF) for the purchase of automated external defibrillators (AEDs) and
carbon monoxide (CO) PulseOX detectors that can indicate high levels of carbon monoxide in a person's bloodstream. 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 10-074, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 3-3-1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
CONSENT
ITEM: 4
DEPARTMENT: Health PRESENTER(S): Eric Ireland, Deputy Health Director
CONTACT(S): Eric Ireland
SUBJECT:
Approval of Grant Application to the North Carolina Department of Health and Human Services
Division of Public Health Asthma Program
BRIEF SUMMARY:
The North Carolina Enhancing Local Asthma Efforts seeks to reduce the burden of asthma. Funding of
$15,000 will be used to purchase materials, media campaign resources and promote the smoke free public
places initiative, in order to reduce the incidence of asthma attacks resulting from environmental particulate matter caused by tobacco smoke. The Air Quality Flag Program will also be utilized to increase the
community's awareness of the Air Quality Index and air quality forecasts. These programs will be
implemented to enhance the local asthma efforts in New Hanover County. The New Hanover County Board
of Health endorsed this request at it's October 7, 2009 meeting.
No matching county funds are required and no new positions will be created.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval to submit Letter of Intent to apply to the Asthma Grant Program for $15,000 to promote smoke free
public places and air quality initiatives in New Hanover County.
ATTACHMENTS:
ELAE Letter of Intent
Budget Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 4-0
~ Hanover Coun
Health Department w
2029 South 17th Street ' '
- NEW NANOVER COUNTY FIEAk 'ilmington, NC 284014946
X0)798-6500 FAX (910) 341-4146
September 18, 2009 North Carolina Asthma Program
Attn: Caroline Chappell
1915 Mail Service Center
Raleigh, NC 27699-1915
Ms. Chappell:
Thank you for the opportunity to submit a letter of intent on behalf of the New Hanover County Health Department
to apply for the Enhancing Local Asthma Efforts Request for Applications.
Research has supported our belief that asthma is an emerging health issue among the residents of New Hanover County. An Air Quality Monitoring study was completed in the spring of 2007 in New Hanover County that
showed that the air quality of a restaurant permitting smoking was 57 times worse than a smoke free establishment.
Many of the health effects of secondhand smoke, including asthma, are most clearly seen in children, because they
are at most risk to its effects. Children exposed to significant amounts of secondhand smoke, such as those with
smoking mothers, have an increased risk of being diagnosed with asthma.
The mission of New Hanover County Health Department is to provide a safe and healthy community. Since 2007,
with grant funding from the NC Enhancing Local Asthma Efforts Program, thousands of children in New Hanover
County elementary schools and daycares have been educated on local air quality monitoring efforts. Additionally,
positive media coverage has educated the public on the health benefits of smoke free public places and the dangers
secondhand smoke poses to those afflicted with asthma. The New Hanover County Health Department hopes to continue to educate the local public about the health risks associated with secondhand smoke, asthma diagnoses, air
quality measures and smoke free public places with continued funding from the North Carolina Asthma Program.
The grant funding will be utilized to continue implementing the Air Quality Flag Program as well as to promote
smoke free public places, and to maintain a public education campaign on what to do when faced with a diagnosis of
asthma.
We would appreciate your consideration to continue this program. If you have any questions, please feel free to
contact Erin Morrissette, Tobacco Prevention Educator for New Hanover County, at emorrissette(cr~,nhc o~ or
(910) 798-6658.
Respectfully,
David Rice, Director
New Hanover County Health Department
"Healthy People, Healthy Environment, Healthy Community"
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 4-1-1
D. Budget and Budget Justification (Attachment B)
Please provide a detailed budget and written justification consistent with planned project activities. Budget
items should be realistic and clearly linked to proposed project activities.
Your budget should reflect anticipated costs from November 1, 2009 -August 31, 2010 and June 1, 2008 -
August 31, 2008.
Name of Local Health Department: New Hanover County Health Department
Bud et Cate or Amount Re uested
A. Personnel (Salaries/Fringe Benefits) $ 0.00
a. Salary and benefits
B. Sub-contracts $ 0.00
C. Training/ Meetings $0.00 a. Air Quality Flag Program trainings
b. Regional Training and/or workshops
D. Educational Materials and Resources $13,500.00
a. Media Campaign for smoke free
public places, billboards for asthma control
measures, written educational materials, and
air quality flags.
E. Travel $250.00
a. Project Coordinator's travel
throw hout the re ion to lanned worksho s
F. Supplies $1,250.00 a. General office supplies such as
binders, pens, printing and other supplies
for re Tonal trainin and worksho
G. Other $ 0.00
Total Amount Requested: $15,000.00
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/LVVI 4-2-1
Budget Justification
A. Personnel (Salaries/Fringe Benefits) 0.00
B. Sub- Contracts: The Project Assist Coordinator will be responsible for all duties. Therefore there is no
need for asub-contract.
C. Educational Materials and Resources $12,500.00
1. Media Campaign for smoke free public places, Star News wrap ($5000.00)
2. Asthma Control Billboards, Fairway Outdoor Advertising ($6000.00)
3. Production Costs: ($600)
a. Billboard production
4. Brochures ($900.00)
a. Air Quality
b. Asthma/Smoke Free
c. Smoke Free Public Places
E. Travel $250.00
(Reimbursement is .55 x # of miles)
1. Attend Trainings/Workshops
2. Meetings, (Board of Education other potential community meetings)
3. Travel to program sites
F. Supplies $1,250.00
----~~ro~ r~ CARD[1NA ~1~~
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/LVVI 4-2-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
CONSENT ITEM:
5
DEPARTMENT: Human Resources PRESENTER(S): Andre' Mallette, Assistant County Manager
CONTACT(S): Andre' Mallette
SUBJECT:
Approval of New Hanover County Personnel Policy Revisions
BRIEF SUMMARY:
The proposed personnel policy revisions constitute an overhaul of the manual to update its format, organization and language from the original document, approved in 1977. The revisions will hopefully
improve readability so that both supervisors and employees may use it as a helpful reference. Some of the
subject matter has been rearranged for better flow of information and search logic. Also, the revisions
contain some of the practices developed over the years which have become policy.
Generally, the revisions do not represent substantive changes. However, there are some notable changes:
Article 6 -Conditions of Employment - adds a policy on solicitation for donations; Article 7 -corrects the
percent factor used to determine accrual rates for employees; Article 8 - includes a section on performance management and the informal coaching of employees with performance or conduct deficiencies as
distinguished from formal disciplinary corrective action. It also includes the elimination of "verbal
warnings" and the "employee consultation memo" from the progressive disciplinary process to be replaced
by the "disciplinary action memo" to eliminate some of the confusion about verbal and written disciplinary actions; Article 9 -rearranges the subject matter and combines the appeal and grievance procedure into the
same article; Article 10 -reinstates the benefit of continued health and dental coverage for elected officials
once they leave office as authorized under Senate Bill 468.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request consideration and approval of the proposed policy revisions and recommend that they become
effective upon approval.
ATTACHMENTS:
Revised Policies -Article 6
Revised Policies -Article 7
Revised Policies -Article 8
Revised Policies -Article 9
Revised Policies -Article 10
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-0
New Hanover County Personnel Policies & Procedures
ARTICLE 6 CONDITIONS OF EMPLOYMENT
6.0 Purpose and This Article describes the working conditions and workplace
Applicability environment employees should expect and the expectations held for
of this Article employee conduct. It applies to all employees, except as described
herein.
6.1 Workweek For payroll purposes, the workweek established for New Hanover
County employees is the seven-day period from Tuesday through
Monday. Generally, the standard operating hours and scheduled
work hours for County employees is Monday through Friday, B:OOam
- S :OOpm. However, other work schedules are created for some
departments or operations. When the activities of a particular
department require some other schedule to meet work needs, the
County Manager may authorize a deviation from the normal
schedule.
For reasons of curtailment of work or lack of funds, the County
Manager, in consultation with the Board of County Commissioners,
may institute changes to work weeks, days and hours of operation of
County offices, work schedules, and the number of hours employees
maybe scheduled to work, for as long as the County Manager deems
necessary. The County Manager, in consultation with the Board of
County Commissioners, may implement a furlough plan.
6.2 Breaks County employees maybe granted a ten (10) minute break in the
morning and afternoon (except where the duties and responsibilities
of the j ob prohibit such), at which time they may leave their
workstations to pursue personal interests. Breaks are not required by
any employment law; rather, this provision is simply County policy.
6.3 Gifts and No employee of the County will accept any valuable gift, whether in
Favors the form of service, loan, thing or promise from any person who to
the employee's knowledge is interested directly or indirectly in any
manner whatsoever in business dealings with the County. No official
or employee will accept any gift, favor, or thing of value that may tend to influence that employee in the discharge of duties. No
official or employee will grant in the discharge of duties any
improper favor, service, or thing of value.
6.4 Solicitation The County fully supports the efforts of employees to raise funds for
Purpose and charitable causes and non-profit organizations, as long as these
Applicability activities do not conflict with conducting County business during
regular hours of operation. Therefore, a policy has been developed
with respect to soliciting donations on County property or time. This
Established: May 1977 Article 6 -Conditions of Employment Page 1
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-1-1
New Hanover County Personnel Policies & Procedures
policy applies to all employees.
6.4.1 Solicitation Employees shall not use the County e-mail system to broadcast
Policy solicitations for donations to a charitable cause ornon-profit
organization, unless with prior approval by the County Manager.
However, employees may use the County Intranet site to do so.
Soliciting donations for charitable causes ornon-profit organizations
within an employee's department is allowable with prior approval of
the department head. Soliciting donations from employees in other
departments must be approved by the County Manager or his
designee.
Soliciting, taking and delivering orders, receiving payments and
related activities shall not interfere with the employee's work or the
work of others. These activities should be restricted to employee
breaks and lunch times.
There maybe some fund-raising campaigns endorsed by the County
which maybe exempt from the prohibitions in this policy.
6.5 Political Every employee has a civic responsibility to support good
Activity government by every available means and in every appropriate
Restricted manner. Employees may join or affiliate with civic organizations of a
partisan or political nature, may attend political meetings, may
advocate and support the principles or policies of civic or political
organizations in accordance with the Constitution and laws of the
State of North Carolina and in accordance with the Constitution and
laws of the United States of America. However, no employee will:
a. Engage in any political or partisan activity while on duty (In
addition to normal work, the words "on duty" shall be understood
to include attendance and participation in functions where
political candidates or parties are endorsed if County funds are
used for expense of traveling or membership in such
organization.};
b. Use official authority or influence for the purpose of interfering
with or affecting the result of an election or a nomination for office;
c. Be required as a duty of office of employment or as a condition
for employment, promotion, or tenure of office to contribute
funds for political or partisan purposes;
d. Coerce or compel contributions for political or partisan purposes
by any other employee of the County; or
e. Use any supplies or equipment or "funds" of the County for
political or partisan purposes.
Established: May 1977 Article 6 -Conditions of Employment Page 2
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-1-2
New Hanover County Personnel Policies & Procedures
County employees in certain federally-aided programs maybe
covered by the Hatch Act as amended in 1975. This Federal Act, in
addition to prohibiting (b), (c), and (d) above, also prohibits
candidacy for elective office in a partisan election.
Any violation of this section shall be deemed improper and shall
subject such employee to dismissal or other disciplinary action by the
appointing authority.
6.6 Outside The County recognizes that sometimes an employee maybe
Employment employed outside of the County. However, the work of the County
Purpose and will take precedence over other occupational interests or employment
Applicability and this policy provides guidelines for appropriate outside
employment. This policy applies to all County employees.
6.6.1 Outside Employees may work in outside employment, if the employment is
Employment properly requested and approved and it does not conflict with the
Policy employee's County job. Outside employment is self employment or
any employment for salaries, wages, tips or commission other than
the position held with the County.
6.6.2 Outside Any employee considering outside employment shall report to the
Employment responsible supervisor his/her intentions prior to the beginning of the
Procedures job, occupation or self employment. The responsible supervisor shall
review the outside employment and assure that it does not:
a. Coincide or conflict with hours of scheduled work with the
County;
b. Conflict with job responsibilities oraffect the employee's ability
to perform satisfactorily at in the County j ob;
c. Cause an employee to arrive late for, or leave early from, any
scheduled shift or work hours in the County j ob; or
d. Constitute a conflict of interest with the County.
The supervisor will then forward the request through appropriate
routes to the Human Resources Director (or elected official), who will review the request for potential conflicts of interest or liabilities
with the County in general and give final approval (or denial).
Failure to seek approval for outside employment as outlined above or
to maintain such employment when not approved shall be cause for
disciplinary action up to and including dismissal. If attendance or
work performance is determined to be compromised by outside
employment, approval for outside employment maybe withdrawn.
Established: May 1977 Article 6 -Conditions of Employment Page 3
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-1-3
New Hanover County Personnel Policies & Procedures
6.7 Prohibited Persons employed by New Hanover County may not serve on any
Board, board, committee or commission established by resolution or State
Commission or statutes in the agency or department for which they work and receive
Committee wages. Prior to accepting such an appointment, the employee must
Service terminate his/her employment with the respective agency or
department.
6.8 Patents and The County has a legal interest in all inventions of County personnel
Copyrights that are conceived or first actually produced as a part of or as a result
of County research activities within the scope of the inventor's
employment by the County, and activities involving the use of
County time, facilities, staff, materials, or County information not
available to the public.
6.8.1 Patents and County personnel who, either alone or in association with others,
Copyrights make an invention in which the County has or may have an interest
Employee shall disclose such inventions to the County Manager in writing.
Responsibility The inventor will be notified in writing of the decision of the County
Manager as to whether the County will accept the invention for
patenting or licensing. If the County chooses neither to file a patent
application or otherwise make available commercially nor to dedicate
to the public an invention in which it asserts its rights, the invention
at the County Manager's discretion, may be released in writing to the
inventor.
As to any invention in which the County has an interest, the inventor,
upon request, shall execute promptly all contracts, assignments,
waivers or other legal documents necessary to vest in the County or
its assignees any or all rights to the invention, including complete
assignment of any patents or patent applications relating to the
invention.
6.8.2 Patents and County personnel may not sign patent agreements with outside
Copyrights persons or organizations which may abrogate the County's rights and
Prohibitions interest as stated in the Patent Policy or as provided by any grant or
contract funding the invention, nor without prior authorization use the name of the County or any of its units in connection with any
invention in which the County has an interest.
6.8.3 Patents and If the inventor believes that the invention was made outside the
Copyrights general scope of his or her County duties, and if the inventor does not
Waiver of choose to assign the rights in the invention to the County, the
County Rights inventor shall, in the invention disclosure, request that the County
Manager determine the respective rights of the County and the
inventor in the invention, and shall also include in the disclosure
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information on the following points:
a. The circumstances under which the invention was made and
developed;
b. Whether he or she requests waiver or release of any County
claims or his or her representation that the County has no claim;
c. The extent to which he or she would be willing voluntarily to
assign domestic and foreign rights in the invention to the County
if it should be determined that an assignment of the invention to
the County is not required under the Patent and Copyright
Policies.
6.9 Employment of Members of an immediate family will not be employed at the same
Relatives time if such employment would result in an employee directly or
Limitations indirectly supervising amember ofhis/her immediate family.
Immediate family is defined for the purpose of this section as wife,
husband, mother, father, daughter, son, sister, brother, grandmother,
grandfather, granddaughter, grandson, mother-in-law, father-in-law,
daughter-in-law, son-in-law, sister-in-law, brother-in-law, half sister,
half brother, stepmother, stepfather, stepson, stepdaughter, stepsister,
or stepbrother.
6.10 Safety New Hanover County will provide a safe and healthful working place
for all employees in accordance with the Occupational Safety and
Health Act of 1970. The County Manager will insure a safe and
healthful working place for all employees, through proper
administration, implementation and enforcement of the provisions of
these regulations. The Manager may appoint a Safety Officer to plan
and recommend a continuing program of safety that adheres to all
applicable Federal, State, and local laws, codes and regulations
pertaining to employee safety. It shall be the responsibility of every
employee of the County to display a positive attitude toward safety
and injury prevention by following all safety rules and regulations
established in the County's Safety Program. The employee will
report all accidents and unsafe conditions to his immediate
supervisor. Accidents are to include all unplanned occurrences,
whether or not employee injury was involved.
6.11 Physical All sworn law enforcement officers and firefighters will be required
Examinations to have a physical examination to determine fitness-for-duty prior to
employment and maybe subj ect to subsequent evaluations during
employment.
6.12 Identification The County's badge system serves a dual purpose: to provide
Badge Policy identification and to provide access to specific buildings or areas
when the doors are locked to the general public. Consistent with
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established procedures, appropriate badges are issued to employees,
board and committee members, and certain visitors.
All employees are required to wear issued badges while in an official
working capacity, including visiting other departments. Failure to do
so may result in disciplinary action.
A lost or stolen badge must be reported immediately to the Human
Resources Department so that it may be deactivated. Employees
failing to adhere to this requirement will be subj ect to disciplinary
actions. Employees maybe charged for replacement badges. Any
exception to the provision of this policy must be approved by the
County Manager.
6.13 No Smoking In addition to the significant risks of smoking to smokers, there is
Purpose and increasing scientific evidence that passive smoke is linked to a
Applicability variety of negative health consequences. The regulation and control
of smoking in buildings and vehicles owned or leased by New
Hanover County is a matter of vital concern, affecting the public
health, safety, and welfare of all persons employed by or transacting
business with New Hanover County. This policy covers all
employees and other persons in County buildings or vehicles.
6.13.1 No Smoking Smoking is not permitted in any county-owned or leased buildings or
Policy vehicles, or in certain restricted areas outside of buildings near
entrances or equipment. Smoking may be permitted on approved
breaks in areas outside of buildings designated by the County Safety
Officer.
6.13.2 No Smoking The provisions of this policy shall be enforced by management
Enforcement personnel. Any reports of questionable practices or violations shall be
taken seriously and referred to the County Safety Officer for
resolution. Retaliatory actions against a complainant will not be
condoned by New Hanover County, and should be reported to the
Human Resources Director.
6.14 Purchasing County employees are prohibited from purchasing any surplus county Surplus personal property of monetary value, whether purchased by the
County County or donated to any representative or department of the County.
Property This restriction applies to all auctions and other sales events.
Prohibited
6.15 Respectful New Hanover County recognizes its responsibility to build and
Workplace maintain a respectful workplace, where all employees and citizens
Policy- enjoy an environment in which the dignity and self respect of every
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Purpose and person is valued and which is free of offensive remarks, material or
Applicability behavior. This policy establishes a standard for appropriate
workplace conduct. This policy covers all County employees,
including regular, temporary, contract workers, volunteers, and
anyone else on County property or engaged in County business with
a County employee, whether or not on County property. Violation of
this policy by any individual will be subject to appropriate corrective
action. Violation of this policy by a County employee may lead to
disciplinary action up to and including dismissal.
6.15.1 Respectful It is the policy of New Hanover County to maintain a professional
Workplace and respectful work and public service environment. The County will
Policy not tolerate disrespectful behavior by or towards any employee or
other individual by employees, visitors or vendors.
This policy provides for:
a. Fostering a workplace which values diversity; personal dignity;
courteous conduct; mutual respect, fairness and equality; positive
communication between people; collaborative working
relationships;
b. A reporting/complaint procedure for any individual who
experiences or witnesses behavior prohibited by this policy;
c. A response procedure for supervisors who become aware of
behavior prohibited by this policy;
d. Accountability for violations or enforcement failures through
appropriate disciplinary actions;
e. Actions by the County to heighten employees' and supervisors'
awareness of workplace violence issues, including domestic
violence as it relates to the workplace.
This policy prohibits disrespectful behavior, including but not limited
to, the following:
a. Offensive and inappropriate remarks, gestures, material and
behavior;
b. Grouping or isolating;
c. Yelling; d. Belittling;
e. Reprimanding in the presence of others;
f. Aggressive or patronizing behavior;
g. Embarrassing or humiliating behavior;
h. Damaging gossip or rumors;
i. Covert behavior, i.e., inappropriately withholding information,
undermining, underhandedness;
j . Unlawful discrimination or harassment as defined by federal and
state laws;
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Employee Responsibilities:
a. Treat others with respect;
b. Set an example by respecting the dignity and human rights of all
employees and members of the public;
c. Recognize and refrain from actions that offend, embarrass or
humiliate others;
d. Raise disrespectful conduct with the employee displaying it or
with a person in authority as soon as possible;
e. Do not make allegations of disrespectful behavior that are
frivolous or vindictive;
f. Make every effort to resolve respectful workplace, where possible
in an informal manner.
Supervisory/Management Responsibilities:
a. Supervisors and managers are responsible to immediately act
upon any situation involving disrespectful behavior. They will:
b. Promote awareness of this policy;
c. Recognize and address actions that offend, embarrass or
humiliate others;
d. Treat each situation as a serious matter;
e. Manage the situation towards a resolution between the parties if
possible, with a view to correcting behavior and preserving long
term working relationships;
f. Ensure that there are no reprisals against employees making a
complaint or participating in an investigation;
g. Provide support to employees who are experiencing the effects of
disrespectful behavior;
h. Inform employees of Employee Assistance Program services;
i. Consult with Human Resources if the situation cannot be
resolved.
6.15.2 Respectful An employee who believes he or she has been subjected to a
Workplace violation of this policy and who has either opted not to try to
Policy personally resolve the situation or who has been unsuccessful in
Procedures- attempting a resolution should report the violation immediately to his
Reporting or her supervisor. If the employee's supervisor is the source of the
Violations alleged policy violation, or if the employee's supervisor does not respond to the report in a timely and appropriate manner, the
employee should contact the Human Resources Department.
6.15.3 Respectful New Hanover County will promptly and thoroughly investigate any
Workplace verbal or written report of a violation of this policy, and will respond
Policy to the reporting employee or other individual regarding the results of
Procedures- the investigation, except that specific personnel actions taken may
Investigating not be revealed. The investigation will be kept reasonably
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Reports of confidential; however, it may be necessary to confront the employee
Violations who has allegedly violated the policy concerning the allegation.
6.15.4 Respectful Any employee found to have acted in violation of this policy shall be
Workplace subject to appropriate corrective and disciplinary actions, up to and
Policy including dismissal. Any visitor or vendor found to have acted in
Procedures- violation of this policy shall be subject to responsive action as
Corrective determined appropriate by the County, up to and including being
Actions removed from the workplace and being prohibited from returning in
the future.
6.15.5 Respectful New Hanover County will not tolerate retaliation or intimidation
Workplace directed towards any employee or other individual who makes a
Policy verbal or written report of a violation of this policy or serves as a
Procedures- witness to a violation of this policy. Any individual who retaliates
Retaliation against or intimidates an employee making a report or a witness shall
to subj ect to disciplinary action, up to and including dismissal.
6.16 Unlawful The County is committed to maintaining a work environment free of
Workplace discrimination and harassment where all employees are free to devote
Harassment their full attention and best efforts to the job. Harassment, either
Policy intentional or unintentional, has no place in the work environment.
Purpose and Accordingly, the County does not authorize and will not tolerate any
Applicability form of harassment of and by anyone based on race, sex, color,
religion, national origin, age or disability. This policy covers all
County employees, applicants or other individuals in the County
workplace.
6.16.1 Unlawful In accordance with employment discrimination law, the County
Workplace prohibits any supervisor, employee, agent or customer of the County Harassment from harassing or otherwise discriminating against any individual on
Policy the basis of race, sex, color, religion, national origin, age or
Statement disability. Nor shall any supervisor, employee, agent or customer of
the County make unsolicited or unwanted sexual advances of a verbal
or physical nature toward another employee, applicant for
employment or any other individual.
Personnel decisions (including decisions affecting hiring, promotion,
work assignments, disciplinary actions, receipt of benefits, or
participation in organization-sponsored programs) shall not be based
on an individual's protected status, or submission to or rejection of
any act of sexual harassment.
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All complaints of unlawful workplace harassment, including sexual
harassment, will be investigated promptly and where necessary,
immediate appropriate action will be taken to stop and remedy any
such conduct. Any supervisor, agent or employee found in violation
of this policy is subj ect to disciplinary action, including dismissal.
Unlawful workplace harassment is unwelcome or unsolicited speech
or conduct based on race, sex, color, religion, national origin, age or
disability that creates a hostile work environment.
6.16.2 Unlawful Sexual harassment is defined by EEOC guidelines as "unwelcome
Workplace sexual advances, requests for sexual favors, or other verbal or
Harassment physical conduct of a sexual nature," where one or more of the
Description of following occur:
Prohibited a. Submission to sexual advances is a term or condition of
Conduct employment;
b. Submission to or rej ection of sexual advances is used as the basis
for making employment decisions;
c. Such verbal or physical conduct, explicit or implicit, interferes
with an individual's work performance or creates an intimidating,
hostile or offensive work environment.
The term "harassment" includes, but is not limited to, offensive
language, j okes or other verbal, graphic or physical conduct relating
to an individual's race, sex, color, religion, national origin, age or
disability which would make a reasonable person experiencing
harassment uncomfortable in the work environment or which could
interfere with the person's job performance.
Sexual harassment may be overt or subtle. Sexual harassment does
not refer to behavior or occasional compliments of a socially
acceptable nature. It refers to personally offensive behavior. Some
examples of behavior which may constitute sexual harassment are:
making unwelcome sexual flirtation, advances, request for sexual
favors, or other verbal, visual, physical conduct of a sexual nature
creating an intimidating, hostile or offensive work environment by
such conduct as: sexual innuendo or sexually suggestive comments, including, but not limited to, sexually oriented picking, teasing, or
practical jokes; jokes about gender-based traits; foul or obscene
language or gestures; subtle or direct pressure or requests for sexual
activities; unnecessary touching of an individual, such as pinching,
patting, brushing up against another body; graphic verbal comments
about an individual's body or appearance, sexually degrading words
to describe an individual; the reading or display of sexually
suggestive or revealing words, objects or pictures; or physical assault.
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6.16.3 Unlawful The following procedures are written to encourage individuals who
Workplace perceive instances of unlawful workplace harassment, including
Harassment sexual harassment, to use the County's internal procedures to resolve
Complaint the situation and/or complaint without fear of retaliation. Once a
Procedures complaint is received, the County has an obligation to thoroughly
investigate the complaint and take appropriate action.
a. The complaining party should report, orally or in writing, any
instances of perceived unlawful workplace harassment, including
sexual harassment, to his or her supervisor, department head,
and/or to any member of Human Resources staff.
b. The supervisor or department head to whom the complaint is
made shall notify the Human Resources Department within three
(3) business days of the complaint.
c. The Human Resources Department will receive the written
complaint and any supporting evidence and/or documentation or
cause a written complaint to be made from interviewing the
complaining party.
d. The Human Resources Director shall notify all concerned parties
that a complaint has been filed.
e. The Human Resources Director will assign the complaint to a
Human Resources staff member who will immediately begin to
investigate the complaint.
f. The investigation will consist of interviewing all concerned
parties, including the complaining party, the alleged offender(s)
and witnesses, and gathering any other relevant evidence or
documentation.
g. The Human Resources Director will take appropriate interim
action, if necessary.
h. The investigation shall be completed and a report given to the
Human Resources Director within fifteen (15) business days of
the receipt by the Human Resources Department of the written
complaint, unless an extension is granted by the complaining
party will make a determination as to the resolution of the
complaint and will notify the concerned parties of the determination.
i. Individuals found in violation of this policy shall be subj ect to
disciplinary actions, up to and including dismissal. The Human
Resources Director will determine appropriate disciplinary action
and will notify the employee in writing of the determination, the
effective date, the reason therefor, and the employee's appeal
rights under this Article. The written notification shall be sent to
the employee's home address by certified, registered mail.
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All complaints and subsequent investigations will be held in strictest
confidence.
6.16.4 Unlawful Retaliatory actions against the complaining party and his/her
Workplace witnesses will not be tolerated by New Hanover County. Complaints
Harassment of retaliation will be immediately investigated and appropriate action
No Retaliation will be taken by the Human Resources Director.
6.16.5 Unlawful If the employee wishes to appeal the Human Resources Director's
Workplace determination and disciplinary action and if the employee has
Harassment successfully completed the introductory period, he or she may, within
Complaint five (5) business days after receipt of the determination, appeal in
Determination writing to the County Manager. The appeal must be received by the
Appeal County Manager's Office no later than 5:00 p.m. on the fifth day.
Procedures The appeal must contain the employee's response to the charges, a
response to the disciplinary actions taken, the remedy desired and any
other pertinent information or evidence.
If the appealed disciplinary action is dismissal, the County Manager
may grant a hearing with the employee. Otherwise, the County
Manager will review the contents of the file prepared by the Human
Resources Director and the contents of the employee's appeal.
If the appeal does not involve a hearing, the County Manager will
render a decision, which includes the basis for the decision and
evidence relied upon, within five (5) business days after receipt of the
appeal and will send the decision to the employee's home by
certified, registered mail. The decision of the County Manager will
be final.
In the event a hearing is held, the appealing employee and the Human
Resources Director will both be present and have the right to be
represented by counsel. Either party may request the presence of any
person(s) who will provide information to assist the County Manager
in making a decision. The names of such persons, including the name
of counsel hired by the employee, and how each is related to the case, 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 Manager will 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, registered mail. The decision of the County
Manager will be final.
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6.16.6 Formal Although employees are encouraged to pursue resolution through
Harassment these internal procedures available to them, whether they do or not,
Charge they retain the right to file a formal charge of discrimination with the
Equal Employment Opportunity Commission (EEOC).
6.17 Workplace New Hanover County is committed to providing a workplace which
Violence is safe, secure and free from violence. Workplace violence includes,
Policy- but is not limited to, intimidation, bullying, threats, physical attacks,
Purpose and domestic violence, or property damage committed by County
Applicability employees or other individuals against County employees while on
County property or while in the performance of their duties. These
kinds of behaviors will not be tolerated and, if they occur, will be
appropriately addressed in accordance with this policy. Also included
in this policy, are proactive provisions to heighten awareness of
violence in the workplace, including domestic violence, and to
provide guidance for employees and management in recognizing and
appropriately responding to these issues.
This policy covers all County employees, including regular and
temporary employees, contract workers, volunteers, and anyone else
on County property or engaged in County business with a County
employee, whether or not on County property. Violation of this
policy by any individual will be subj ect to appropriate legal action.
Violation of this policy by a County employee may lead to
disciplinary action up to and including dismissal.
6.17.1 Workplace This policy provides for:
Violence Policy a. A reporting/complaint procedure for any individual who
Statement experiences or witnesses behavior prohibited by this policy;
b. A response procedure for supervisors who become aware of
behavior prohibited by this policy;
c. Accountability for violations or enforcement failures through
appropriate disciplinary actions;
d. Actions by the County to heighten employees' and supervisors' awareness of workplace violence issues, including domestic
violence as it relates to the workplace;
e. Supporting victims of workplace or domestic violence;
f. Fostering a climate of trust and respect among workers and
between employees and management; and
g. When necessary, seeking advice and assistance from outside
resources, including threat assessment; psychologists,
psychiatrists and other professionals, social service agencies, and
law enforcement.
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This policy prohibits any acts of aggression or violence from any
individual while on County property or against a County employee
acting as a representative of the County, whether on County property
or not. These acts include but are not limited to:
a. Any act or threat of bodily harm or property damage, including
subtle or implied threats to an individual or his or her family,
friends, or associates. (A threat is the expression of an intent to
cause physical harm or property damage as would be perceived
by a reasonable person, without regard to whether the party
communicating the threat has the present ability to carry it out;
whether the threat is subtle or overt in nature; or whether the
expression is contingent, conditional or future).
b. Fighting or other physical altercations. (A physical altercation is
unwanted or hostile physical contact such as fighting, hitting,
pushing, shoving, throwing objects, grabbing, touching or any
unwanted physical contact.)
c. Unauthorized possession or use of any weapon or
caustic/dangerous chemicals, whether concealed or visible, on
County property, except by sworn law enforcement officers or
other employees as required to perform their j ob duties.
d. Use or threat of use of weapon on/in County property. (A weapon
includes, but is not limited to, firearms, explosives,
caustics/chemicals, ammunition, knives or other dangerous or
deadly weapons.) Use of other items as weapons, such as a tool or
furniture, is also prohibited.
e. Use of language which would be regarded by a reasonable person
as likely to invoke violence.
f. Repeated following of another individual, known as "stalking" or
threatening another person with the intent to place the other
person in reasonable fear ofhis/her safety.
g. Making harassing or threatening phone calls, letters or other
forms of written or electronic communications.
h. Intentionally damaging or threatening to damage County or
employee property.
6.17.2 Workplace Employees have the responsibility to adhere to this policy and its
Violence Policy established preventive practices and to report violent or threatening Employee behavior or other warning signs, following procedures established by
Responsibility this policy.
Any employee who experiences or witnesses any acts, conduct,
behavior or communication which is in violation of this policy, must
immediately contact either his/her supervisor, department head or the
Human Resources Department, and if necessary, local law
enforcement.
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Employees should not try to handle a violent or potentially violent
incident. When reporting an imminent threat and/or act of violence,
an employee should first secure his/her own safety, contact local law
enforcement and, if possible, alert persons in the immediate area.
Employees threatened, assaulted or attacked, while on official duty in
the field, shall immediately report such incidents to local law
enforcement and their supervisor.
If anyone commits a violent act or makes a direct threat while on
County property, the person will be asked to leave by a supervisor.
Should the person refuse to leave, local law enforcement should be
contacted to assist in removing the person.
Any employee who violates the workplace violence policy will
receive appropriate disciplinary action which may include dismissal.
Employees who have information about workplace violence, but do
not report it in accordance with this policy, will be subj ect to
appropriate disciplinary action which may include dismissal.
The County will not tolerate retaliation against an employee for
reporting instances of workplace violence. Incidents of retaliation
should be reported to the Human Resources Department immediately.
Every effort will be made to protect the safety and anonymity of
anyone who comes forward with concerns about a threat or act of
violence.
6.17.3 Workplace Supervisors and managers will support the County's policies created
Violence Policy to provide work environments that are safe from violence, threats and
Supervisory/ harassing/aggressive behavior. To that end, they shall:
Management a. Inform all employees that workplace violence or other abusive,
Responsibility aggressive or disruptive behavior in any form will not be
tolerated in the workplace.
b. Be aware of any patterns or changes in employee behavior which
could pose a concern for the workplace. Such behavior should be
documented by the supervisor for the record. Changes in
behavior should be addressed with the employee after
consultation with Human Resources.
c. Be alert to the possibility of workplace violence on the part of
former employees, citizens or others.
d. Offer support to victims of workplace violence, which includes
domestic violence.
e. Be aware of the location and telephone numbers of community
resources available in responding to any actual or potential
workplace violence, including domestic violence. The County intends to publish, maintain, and post in locations of high
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Vlslblllty, a list of resources for survivors and perpetrators of
domestic violence.
f. When aware of a threat or imminent danger of violence to an
employee, immediately notify that employee of the danger and
notify law enforcement or the Human Resources Department.
g. Notify law enforcement or the Human Resources Department
when they receive a notice or complaint of workplace violence or
if they suspect that these acts are occurring or have occurred.
h. Take all threats seriously. Failure to appropriately respond to
complaints or observed threat or imminent danger situations may
result in disciplinary action which may include dismissal.
i. Maintain appropriate confidentiality for the victim.
6.17.4 Workplace To respond to an event of actual or threatened workplace violence,
Violence the County will use athree-level plan of action. The Human
Response Resources Director or his designee will serve in the lead role and will
assemble others as needed.
Level l: Threats
When an individual states or implies a threat of violence, the
employee(s) who received or observed the threat shall immediately
alert a supervisor. The supervisor, as soon as possible, should notify
and consult with the Human Resources Director, his designee or the
County Safety Officer. The supervisor will then document the
incident and any actions taken, a copy of which will be forwarded to
the Human Resources Director or his designee.
Level 2: Danger is imminent
An immediate threat of violence shall be reported in accordance with
the policy set forth above. After law enforcement personnel have
been called to secure the location, the supervisor will contact the
Human Resources Director, his designee or the County Safety
Officer.
The Human Resources Director or his designee will conduct an
investigation of the incident and determine what other actions are
needed.
Level 3: An act of violence which results in injuries or death
When a violent act occurs in the workplace, the first priority will be
to attend to the immediate danger and injuries. The first response to
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an actual act of violence is to contact appropriate emergency
response personnel.
As soon as possible, the supervisor on location will contact the
Human Resources Director, his designee or the County Safety
Officer. The Human Resources Director or his designee will be
responsible for coordinating the administrative investigation of the
incident and determining what other resources are needed for the
County to respond to the incident. The County's response will
include assembling resources to address employee needs and media
requests. Details of the administrative investigation will be kept
confidential unless prohibited by law.
6.17.5 Domestic The County shall not discharge, demote, deny a promotion, or
Violence discipline an employee because the employee took reasonable time
Victim off from work to obtain relief under Chapter 50B (domestic violence
Workplace order of protection) or Chapter SOC (civil no-contact order for
Issues nonconsensual sexual contact or stalking). An employee who is
absent from the workplace to obtain such relief shall follow the
department's usual leave request policy or procedure, including
advance notice to the employee's supervisor, unless an emergency
prevents the employee from doing so. Management may require
documentation of any emergency that prevented the employee from
complying in advance with the department's usual leave request
procedure, or any other information available to the employee which
supports the employee's reason for being absent from the workplace.
Consistent with the County's usual leave policies, employees may
apply available personal or sick leave to obtain medical, counseling,
or legal assistance to address problems relating to workplace or
domestic violence.
Depending on the circumstances, employees who are victims of
workplace or domestic violence may also need special
accommodations or adjustments to their work schedule or location in
order to enhance their safety. Management shall use their discretion
to accommodate these requests and needs whenever possible and appropriate.
6.18 Weapons in The County believes it is important to establish a clear policy that
the Workplace addresses weapons in the workplace. All persons who enter County
property are prohibited from carrying a handgun, firearm, knife, or
other weapon of any kind regardless of whether the person is licensed
to carry the weapon or not.
The only exception to this policy will be police officers, deputy
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sheriffs, security guards or other persons who have been given
written consent by the County to carry a weapon on the property.
Any employee disregarding this policy will be subj ect to immediate
dismissal.
6.19 Alcohol and New Hanover County is committed to the goal of an alcohol and drug
Drug Free free workplace. This commitment is based on the belief that it is the
Workplace County's responsibility to maintain a safe and healthy working
Policy- environment for employees and a productive, effective workforce for
Purpose and the citizens of the county. This policy is intended to comply with all
Applicability applicable federal and state laws governing anti-drug and alcohol
programs, including those adopted by the U. S. Department of
Transportation (DOT), and is designed to safeguard employee
privacy rights to the fullest extent of the law.
This policy covers applicants and all County employees to include
regular employees, temporary employees and contract employees.
Under federal guidelines, certain classes of employees are subject to
special actions, such as random testing. For the County, these classes
include employees in safety-sensitive positions. The Human
Resources Director will maintain a comprehensive list of these
positions subject to special actions, but generally the list will include,
but is not be limited to, sworn law enforcement officers; detention
officers; firefighters; employees who are responsible for testing and
treating water, raw sewage or wastewater; employees who handle
hazardous materials in large quantities; employees who operate,
maintain, or provide direct supervision of the operation or
maintenance of heavy equipment or any vehicle requiring a CDL to
operate; or employees who may independently work closely with or
transport children.
6.19.1 Alcohol and This policy provides for:
Drug Free a. Assistance in treatment and rehabilitation for employees who
Workplace notify an appropriate authority in their department or in the
Policy Human Resources Department of an abuse problem prior to being discovered. In such cases, medical plan coverage is provided for
both inpatient and outpatient treatment of employees who have
County medical insurance coverage and the use of accrued leaves
maybe approved for treatment and rehabilitation purposes.
b. Training and guidelines for employees and supervisors.
c. Drug and alcohol abuse testing: pre-placement; post-accident;
reasonable suspicion; random; and return-to-duty and follow-up.
d. Accountability for violations or enforcement failures through
appropriate disciplinary actions.
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This policy prohibits:
a. The unauthorized use, consumption, possession or storage,
manufacture, distribution, dispensation or sale of alcohol,
controlled substances, illegal drugs or drug paraphernalia on
County premises or any County work area, in County vehicles, or
while on County business.
b. Reporting to work or working while under the influence of illegal
drugs, non-prescribed drugs or alcohol, on County premises or
any County work area, in County vehicles, or while on County
business.
c. The use or possession of alcohol or illegal drugs off County
premises and while not on duty where such conduct could likely
have a direct and material adverse impact on the County's
interests, including public image.
d. Conviction of selling illegal drugs or of possession with intent to
sell illegal drugs at any time or place. Conviction of any criminal
drug or alcohol statute at any time or place-for some positions,
to be evaluated on aper-case-basis for relevancy to j ob.
e. Failure to notify the County of any arrest or conviction under any
criminal drug or alcohol statute by the next work day following
the arrest or conviction.
f. Failure to notify the employee's supervisor, before beginning to
work, that the employee is taking prescription Drover-the-counter
drugs which may interfere with the safe and effective
performance of duties.
g. Refusal to immediately submit to an alcohol and drug test when
requested by a supervisor, in accordance with this policy.
h. Failure to adhere to the requirements of any drug or alcohol
treatment program in which the employee is enrolled as a
condition of continued employment.
i. Tampering with or obstruction of a drug or alcohol test being
administered by or for the County.
6.19.2 Alcohol and The Human Resources Director is responsible for administering this
Drug Free policy and ensuring that employees are informed of the County
Workplace policy during the new employee orientation. The Human Policy- Resources Director, under the direction of the County Manager, will
Responsibility approve and be the focal point for the selection of new employees
and for disciplinary measures to betaken with current employees
based on guidelines described in this policy. Any confidential
information on substance abuse maybe communicated by the Human
Resources Director to the proper authority on a need-to-know basis.
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A list of positions designated to be safety-sensitive for special
actions, such as random testing, will be maintained by the Human
Resources Director and will be made available upon request.
Alcohol and drug free workplace issues in the Sheriff's Office will be
the responsibility of the Sheriff. The Sheriff will be responsible for
reporting tests results as required to the North Carolina Sheriff's
Education and Training Standards Commission on employees
holding certification from that Commission.
Department directors are responsible for the proper application of the
procedures in their departments and for holding supervisors
accountable for the daily implementation of the policy.
Department directors and supervisors shall be responsible for
identifying abuse-related behavioral and performance problems,
following the proper referral for testing, and taking appropriate
disciplinary measures. Failure to take action when the supervisor has
reasonable cause to believe an employee is impaired while at work
will result in disciplinary action being taken against the supervisor. If
in doubt about what action to take, the supervisor should consult with
the department director, the Human Resources Director or the County
Safety Officer. It is also the supervisor's responsibility to protect the
privacy, confidentiality, and dignity of employees by minimizing the
number of employees who learn of suspicions involving a co-
worker'spossible substance abuse or actions taken against that
employee.
As a condition of employment, all employees are responsible for
knowing and following the requirements of this policy. Employees
are expected to report for work and perform their j obs in a sober
condition, free of any illegal drugs or alcohol, or abuse of any legal
prescribed or over-the-counter drugs. Employees shall inform their
supervisor if they are taking or intending to take any prescribed or
over-the-counter drugs or other substance which might impair their
ability to satisfactorily and safely perform their job. They need not give the supervisor specific medical information, but rather simply
inform the supervisor of the impact on j ob performance to allow the
supervisor to evaluate and determine the appropriate course of action.
6.19.3 Employee An employee who voluntarily reveals a substance abuse problem to a
Voluntarily supervisor before being notified to be tested, before testing positive
Reveals for substance abuse and before other discovery of a substance abuse
Substance problem, may voluntarily enroll in a drug or alcohol rehabilitation
Abuse Problem program and is encouraged to use the Employee Assistance Program
(EAP) to do so.
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An employee who voluntarily notifies his supervisor of a dependency
maybe granted a medical leave in accordance with County policy on
leaves of absence to undergo an agreed-to certified rehabilitation
program which requires the employee to be absent from his duties.
Return to work will be authorized upon certification to the Human
Resources Department of successful completion of the program and a
negative test result.
Return-to-duty and follow-up: Employees who have voluntarily
removed themselves from their job duties and have voluntarily
undergone and successfully completed treatment for drug or alcohol
abuse must submit to and furnish a negative test result prior to
returning to duties. The return-to-duty test may involve both drug and
alcohol tests, if the treating substance abuse professional indicates a
multiple-substance abuse problem exists. These employees will also
be subj ect to random, unannounced tests six (6) times a year for a
period of up to two (2) years, as a condition of continued
employment. Positive results on a test will result in immediate
dismissal with no opportunity for reemployment.
6.19.4 Enforcement- To enforce this policy, drug/alcohol tests may be administered as
Drug/Alcohol follows:
Testing
a. Pre-employment: Applicants accepting a conditional offer of
employment in any position will be required to submit to a test
before being hired. Failure to submit to a test or a positive test
will exclude an applicant from being hired. Applicants who test
positive will not be considered for employment with the County
for two (2) years after the test date and then only when they have
presented acceptable proof of successful completion of a
rehabilitation program and they pass apre-employment
drug/alcohol test.
b. Job Changes: Employees accepting a promotion, demotion or
transfer to any position will be required to submit to a test before
the personnel action can be completed, just as applicants are subject to pre-employment testing. Failure to submit to a test or a
positive test will result in termination of employment with the
County. Recruitment advertisements include the requirement for
pre-employment drug screening so that applicants know of this
requirement before applying. When the hiring department makes
a conditional offer to a candidate, it arranges for the candidate to
be tested. The Human Resources Department receives the results
and notifies the hiring department.
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c. Reasonable Suspicion: Employees may be required to submit to a
test if reasonable suspicion of illegal drug use or drug/alcohol
use/abuse exists. "Reasonable suspicion" is a belief based on
objective facts sufficient to lead a reasonable person to suspect an
employee is impaired and incapable of satisfactorily and safely
performing assigned duties and responsibilities. It is a quantity of
proof or evidence that is more than just intuition or strong feeling;
it must be based on facts. Facts supporting a reasonable
suspicion determination include, but are not limited to, any one or
more of the following: direct observation of prohibited drug or
alcohol use; slurred speech; irregular or unusual speech patterns;
impaired judgment; marijuana or alcohol odor; uncoordinated
walking or movement; unusual or irregular behavior such as
inattentiveness, listlessness, hyperactivity, hostility or
aggressiveness; apattern ofexcessive absenteeism, tardiness or
deterioration in work performance; a pattern of unexplained
preventable accidents or information based on specific, objective
facts that an employee has caused or contributed to an accident at
work while under the influence of alcohol or drugs; a report of
alcohol or drug use by an employee while at work by a credible
source; possession of alcohol or drugs; evidence an employee is
involved in the unauthorized possession, sale, solicitation or
transfer of alcohol or drugs while working or while on the
County's premises or operating a County vehicle, machinery or
equipment; arrests, citations and deferred prosecutions associated
with drugs or alcohol.
When there is reasonable suspicion, the supervisor shall:
1. Arrange for another supervisor to verify reasonable suspicion,
if possible.
2. Confront the employee privately about the
performance/behavioral issues, stating suspicions, and allow
the employee to state a reasonable explanation. A second
party, preferably a supervisor, should be present.
3. The supervisor will inform the employee that a reasonable
suspicion testis an obligation and refusal to submit to it will result in termination. If the employee agrees to take the test,
the employee will be informed that s/he is suspended with pay
and will be notified whether or not and under what
circumstances s/he will be allowed to return to work.
4. The supervisor will transport the employee to the appropriate
testing facility. The sample should be taken as soon as is
practicable from the time the employee is suspected, but no
later than two (2) hours following the determination of
reasonable suspicion. If the test is not administered within
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two (2) hours, the supervisor must document the reason(s)
that the test was not properly administered. If the employee
refuses to take the test, he or she will be immediately placed
on administrative suspension without pay and scheduled for a
pre-dismissal hearing with the department director. If the
testing is not done within two (2) hours due to some reason
other than the employee's refusal, the following should occur:
The employee shall not be allowed to remain on duty until
negative test result is obtained or 24 hours have elapsed
following the determination of reasonable suspicion.
d. Random: Employees in designated safety-sensitive and security-
sensitivepositions will be subject to random, unannounced drug
and alcohol screening. The Human Resources Director will
develop and maintain a list of jobs approved for random testing.
The rate of random selection for drugs and alcohol will be a
percentage of the annual average employee base. Every employee
in the pool has an equal chance of being chosen each time a
random selection is made. When an employee is required to
submit to random testing, s/he will be notified verbally by a
supervisor. Failure to submit to testing will result in termination
of employment.
e. Post-accident: Employees will be tested following anon-the job
accident or other occurrence that involves one or more of the
following events: a fatality, a serious injury to an employee or
other individual, substantial damage to vehicles or other property,
or if the employee receives a citation under state or local law for a
moving traffic violation arising from the accident. Employees
may also be tested after aseries ofminor on-the job accidents or
injuries as determined by the department director or County
Safety Officer.
Following such an accident, the employee must immediately
notify the supervisor and must submit to a test as soon as is
practicable. The supervisor is responsible for transporting the employee to the appropriate testing facility. If a test is conducted
by a law enforcement officer at the scene of the accident, the
employee is required to immediately contact his/her supervisor to
report the test result and to provide the supervisor with the name,
badge number, and telephone number of the law enforcement
officer who conducted the test. If the employee is hospitalized for
injuries, arrangements will be made for the testing to be
conducted at the medical facility to which the employee has been
admitted.
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Post-accident tests will be administered as soon as possible, but
ideally not more than eight (8) hours after the accident. An
alcohol test should be administered within two (2) hours of an
accident. If unable to test within (2) hours, the supervisor must
document the reason(s) for the time delay. If the test is not
performed within eight (8) hours, the supervisor will cease
attempts to administer the test and will document the reason(s)
why the test was not conducted. The employee must refrain from
consuming alcohol for eight (8) hours following an accident or
until the alcohol test has been completed, whichever comes first.
The employee must remain available for drug and alcohol testing
or it will be considered a refusal, unless the employee is seriously
injured.
6.19.5 Surrender of If an employee is observed using a suspected substance, the
Drugs, supervisor may demand that the employee surrender the item and
Paraphernalia related paraphernalia.
6.19.6 Transportation Any employee who is unable to drive safely or is in need of medical
to Medical assistance will be transported by a supervisor to a medical facility or
Facility or to his/her home, as appropriate. If the employee refuses, s/he will be
Home advised that local law enforcement authorities will be notified that an
employee who seems to be "under the influence" is trying to leave
the premises.
6.19.7 Alcohol and When there is reasonable suspicion, the County reserves the right to
Drug Free search employer-owned items used by employees (e.g., desks,
Workplace lockers, vehicles, equipment, etc.) and employees should not expect
Policy- privacy in these containers. Search efforts maybe conducted by the
Inspections employee's supervisor or department director and a minimum of one
and Searches (1) individual in a management, administrative or Human Resources
position. Law enforcement officials and department directors will be
notified in appropriate cases.
6.19.8 Alcohol and Employees may appeal disciplinary actions resulting from violations
Drug Free of this policy in accordance with the County employee appeal policy. Workplace Employees covered by the State Personnel Administration must
Policy- follow state and agency disciplinary appeal policies.
Employee
Options Employees will be given an opportunity to seek assistance through
the County's Employee Assistance Program (EAP), or another drug
and alcohol rehabilitation program approved by the County.
However, involvement in these programs after the fact of a violation
will not influence the disciplinary action taken. The employee is
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eligible for this benefit for a limited period of time following
termination.
6.20 Personal Use Employees may use certain tools and equipment for their own
of County personal use while on County premises. Under no circumstances may
Equipment this be done off County premises, or without prior management
approval. In addition, employees may only use County property when
they are on a non-paid break or during a scheduled time when not
actively working such as a day off or after returning to work from
home.
While using County equipment for your personal use, the County will
not be liable for personal injuries resulting from such use. The
employee is responsible for any and all liabilities for injuries or
losses which occur, or for the malfunction of equipment. The
employee is responsible for returning the equipment or tools in good
condition, and will be required to pay for any damages that occur
while using the equipment or tools for personal projects.
6.21 Polygraph Upon approval by the County Manager, an employee accused of
Examination misconduct may be required to submit to a polygraph examination
during the County's investigation of the allegation. Prior to the
administration of the polygraph examination, the affected employee
must be informed:
• That the questions will relate specifically and narrowly to the
performance of official duties;
• That the answers cannot be used against the employee in any
subsequent criminal prosecution; and
• That the penalty for refusing to participate in the polygraph exam
is dismissal.
6.22 Attendance Employee's attendance is extremely important to the success of
County services. The County expects employees to strive for perfect
attendance and to arrive for work on time. However, it is understood
that, on occasion, an employee may not be able to come to work or
may need additional time before arrival. Sickness and other
emergencies cannot always be anticipated and may require an
employee to miss all or part of the work day.
Employees who cannot report to work as scheduled must notify their
immediate supervisor as soon as possible, but not later than thirty
(30) minutes after the employee's regularly scheduled starting time.
Employees must let their supervisor know for how long they will be
out and when they expect to return or, as the case maybe, arrive for
work.
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Excessive absences, or lateness and excessive patterns of absences or
lateness may lead to disciplinary action, up to and including
dismissal. If an employee is absent from work for three (3)
consecutive days without notice, the County will consider that the
employee has voluntarily resigned his or her position.
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7.2.1 Personal Regular (non-temporary) employees scheduled/budgeted to work
Leave--Accrual 2,080 hours a year shall accrue personal leave based on consecutive
years of County service.
Regular part-time employees shall accrue personal leave at a rate
which is prorated in accordance with the per cent offull-time
equivalency (FTE) scheduled/budgeted to work. For example, the
accrual rate for a regular part-time employee who is
scheduled/budgeted to work 50% of a full-time position (.50 FTE;
1,040 hours a year; 20 hours a week) is 50% of the above accrual
rates.
Regular employees scheduled/budgeted to work more than the
standard 2,080 hours in a year and whose workday hours exceed the
standard eight (8) hours, shall accrue personal leave at the prorated
amounts indicated below:
• Regular employees scheduled/budgeted to work 2,184 hours a
year shall accrue personal leave at a rate which is 5.0% higher
than those scheduled/budgeted to work 2,080 hours a year.
• Regular employees scheduled/budgeted to work 2,340 hours a
year shall accrue personal leave at a rate which is 12.50%
higher than those scheduled/budgeted to work 2,080 hours a
year.
• Regular employees scheduled/budgeted to work 2,904 hours a
year shall accrue personal leave at a rate which is 39.62%
higher than those scheduled/budgeted to work 2,080 hours a
year.
7.2.2 Personal Personal leave may be taken as earned by the employee, subj ect to
Leave-Use the approval of the employee's supervisor. When the personal leave
is due to medical necessity, the County may require a health care
provider's certificate concerning the nature of the illness and the
employee's physical capacity to resume duties. Where the leave is
requested to care for an ill family member, the County may require
certification from that family member's health care provider
specifically the care the employee will provide to the family member.
7.2.3 Personal Employees working the standard 2,080 hours per year may
Leave- accumulate personal leave to a maximum of 320 hours. The
Maximum maximum accumulation for employees working other than the
Accumulation standard 2,080 annual hours, will be determined as a prorated amount
of the standard maximum.
When the maximum has been accumulated, all additional accrued
Established: May 1977 Article 7 -Leave Policies Page 2
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personal leave over and above the maximum will be converted to sick
leave and credited to the employee's sick leave balance.
7.2.4 Personal Upon resignation, an employee will be paid for personal leave
Leave-Pay or accumulated to the date of separation, not to exceed the maximum
Deduction at accumulations stated in this Article. An employee involuntarily
Separation separated without failure in performance of duties or personal
conduct, will be paid for personal leave accumulated to the date of
separation. For involuntary separation due to failure in performance
of duties or personal conduct, accumulated personal leave maybe
withheld, given the circumstances of each employee's case, at the
discretion of the County Manager.
At the time of an employee's separation, any personal leave owed the
County will be deducted from the employee's final compensation.
7.2.5 Personal The estate of an employee who dies while working for the County
Leave-Pay will be entitled to payment for all of the accumulated personal leave
upon Death credited to the employee's account.
7.3 Sick Leave Sick leave with pay is not a right which an employee may demand
but a privilege granted by the Board of County Commissioners. Sick
leave may be granted to an employee absent from work for any of the
following reasons: personal sickness or bodily injury; doctor's office
visits; prescribed diagnostic testing, lab work or medical treatment; or
exposure to a contagious disease when continuing to work might
jeopardize the health of others.
An employee may also be granted sick leave to care for an immediate
family who is ill and requires the employee's assistance. "Immediate
family" will be deemed to include the father, mother, wife, husband,
son, daughter, brother, sister, grandfather, grandmother, mother-in-
law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law, grandson, granddaughter, half sister, half brother, stepmother,
stepfather, stepson, stepdaughter, stepsister, or stepbrother.
The County may require a health care provider's certificate
concerning the nature of the medical condition and the employee's
physical or mental capacity to resume duties. Where the leave is
requested to care for an ill family member, the County may require
certification from that family member's health care provider
specifying the care the employee will provide.
For scheduled treatment, notification of the desire to take sick leave
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should be communicated to the employee's supervisor as soon as the
treatment is scheduled. For unscheduled treatment, notification
should be communicated as soon as possible prior to the leave or not
later than thirty (30) minutes after the beginning of the scheduled
work day, unless such procedures are otherwise dictated by
departmental policy, as approved by the Human Resources Director.
7.3.1 Sick Leave- Regular (non-temporary) employees scheduled/budgeted to work the
Accrual standard 2,080 hours per year shall accrue sick leave at the rate of
3.6923 hours per pay period, or 96 hours for each completed year of
service.
Regular employees scheduled/budgeted to work other than the
standard 2,080 hours per year shall accrue sick leave at the rates
indicated below:
(1) Eligible part-time employees scheduled/budgeted to work a
minimum of twenty (20) hours in a workweek shall accrue sick leave
at a prorated amount based on their annual budgeted hours.
(2) Fire Services personnel scheduled/budgeted to work 2,904 annual
hours and 24-hour shifts shall accrue sick leave at a rate 39.62%
higher than the standard accrual rate.
(3) Regular employees scheduled/budgeted to work 2,184 annual
hours shall accrue sick leave at a rate 5.0% higher than the standard
accrual rate.
(4) Regular employees scheduled/budgeted to work 2,340 annual
hours shall accrue sick leave at a rate 12.50% higher than the
standard accrual rate.
7.3.2 Sick Leave- Sick leave will be cumulative for an indefinite period. For retirement
Maximum purposes, all unused sick leave transforms into creditable service.
Accumulation For every 20 days of unused sick leave the retiring employee has, he
or she receives one month of creditable service, except that an
employee cannot be credited for sick leave in excess of what the
employee would have accumulated in 30 years of service with no use.
7.3.3 Sick Leave- The balance of accumulated unused sick leave shall not be paid to the
Balance at employee, as it is a privilege and not earned, upon separation.
Separation However, a record of the balance will be maintained to restore credits should an employee return to employment with the County.
7.3.4 Sick Leave- Sick leave accumulated during prior employment with the County
Restoration may be credited to a returning employee's sick leave balance.
Upon Re- Initially, the number of unused prior sick leave hours up to the
employment maximum of sick leave the employee would earn in a year under the
New Hanover County Personnel Policy will be credited to the
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ARTICLE 8 PERFORMANCE, DISCIPLINE
8.0 Performance As the County policy is to award pay increases based on j ob
Management performance, the Performance Management Process (PMP) was
Purpose and implemented to provide the structure for comprehensive, defensible,
Applicability and consistently-applied performance evaluation of all regular (non-
temporary) employees. Another value of the PMP is that, in some
cases of performance deficiencies, it may provide opportunities for
pre-disciplinary j ob performance coaching and corrective action
through which disciplinary action maybe avoided. The Sheriff,
Register of Deeds, Board of County Commissioners, Board of
Elections, Department of Social Services, and Health Department
may or may not elect to use the PMP and its tools in performance
management and evaluation.
8.1 Performance The County administers a performance management process (PMP)
Management encompassing a full cycle of work planning, performance monitoring
Policy and feedback throughout the j ob performance review period, and
performance evaluation. Every regular employee must receive a
minimum of one performance evaluation in each fiscal year,
regardless of whether or not merit funding is available. Although not
required for temporary employees, department heads may use the
PMP or some sort of performance evaluation method to evaluate the
performance of temporary employees for determination of continued
employment.
8.1.1 Performance When the process is done in accordance with the PMP principles and
Management guidelines, employees and their supervisors work together to
Procedures establish performance expectations and how performance will be
measured at the beginning of the performance review period and
performance feedback is given throughout the review period so that
there are no surprises at the time of the performance evaluation.
The PMP manual provides the procedures, guidelines and tools for
employees' and supervisors' use in all phases in the process. The
PMP manual maybe found on the Human Resources Department Intranet site.
A supervisor may use the coaching methods provided in the PMP as
an informal, early-on alternative to disciplinary action in some cases
of j ob performance deficiencies. These coaching sessions should
establish the corrective actions needed to meet expectations and the
time frame for improvement, as well as the consequences for failure
to meet the expectations, and they should be documented and
maintained in the supervisor's file for the employee.
Established: May 1977 Article 8 -Performance and Discipline Page 1
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8.2 Disciplinary An employee who does not respond to informal coaching efforts by
Actions- the supervisor regarding performance or conduct deficiencies, or who
Purpose and is cited for a serious infraction, maybe subject to more stringent
Applicability actions by the supervisor. The action(s) taken can be to give a
disciplinary warning or to suspend, reduce pay, demote or dismiss the
employee if the nature and seriousness of the failure in work
performance or personal conduct warrant such action. The County
attempts to provide a uniform administration of disciplinary actions
and guidelines. However, the following procedures are designed so as
not to restrict operating personnel and, in no way, guarantee an
employee a right to continued employment. This policy applies to all
County employees, with the exception of elected officials and of
employees of the Department of Social Services and Health
Departments who must follow the State personnel policies. Regular
(non-temporary) employees who have satisfactorily completed their
introductory period have certain due process rights, as described in
this policy.
8.2.1 Disciplinary Normally, the more stringent disciplinary actions of suspension,
Actions- salary reduction, demotion, or dismissal will be preceded by a
Policy warning. However, employees maybe suspended, have their salary
reduced, or be demoted or dismissed without prior warning or other
disciplinary action having been given to the employee, if the nature
and seriousness of the failure in work performance or personal
conduct warrant it. Disciplinary actions must be documented using a
Disciplinary Action Memo or a memorandum, and must be presented
to the affected employee. Whether or not the employee signs the
document, the supervisor should give the employee a copy and advise
the employee of any applicable appeal rights.
8.2.2 Failure in The following causes relating to failure in the performance of duties
Performance are representative of, but not limited to, those considered to be
of Duties adequate grounds for disciplinary action, up to and including
dismissal:
a. Inefficiency, negligence or incompetence in the performance of
duties; b. Careless, negligent or improper use of County property or
equipment;
c. Discourteous treatment of the public or other employees;
d. Absence without approved leave;
e. Habitual improper use of leave privileges;
f. Habitual pattern of failure to report for duty at assigned time and
place;
g. Guilty of gross misconduct or conduct unbecoming to a public
officer or employee;
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h. Participation in any action that would in any way seriously
disrupt or disturb the normal operation of the agency, institution,
department or any segment of local government;
i. Trespassing on the home of any public official or employee for
the purpose of harassing or forcing dialogue or discussion from
the occupants;
j . Willful damage or destruction of property;
k. Willful acts that would endanger the lives and property of others;
1. Possession of unauthorized firearms or lethal weapons on the job;
m. Brutality in the performance of duties;
n. Refusal to accept a reasonable and proper assignment authorized
by a supervisor (insubordination);
o. Acceptance of gifts in exchange for favors or influence;
p. Betrayal of confidential information to unauthorized persons;
q. Engaging in incompatible employment or serving a conflicting
interest;
r. Taking part in a political activity that is restricted by Article 6 of
this personnel manual.
8.2.3 Failure in An employee maybe disciplined for causes relating to personal
Personal conduct detrimental to County service. The following causes related
Conduct to failure in personal conduct are representative of but not limited to
those considered to be adequate grounds for disciplinary action, up to
and including dismissal:
a. Fraud in securing appointment;
b. Conviction of a felony or of a misdemeanor which would
adversely affect performance of duties or the entry of a plea of
"no contest" to either;
c. Misuse of County funds;
d. Falsification of County records for personal profit or to grant
special privileges;
e. Reporting to work under the influence of alcohol or narcotic
drugs or partaking of such things while on duty or while on public
property, except that prescribed medication may be taken within
the limits set by a physician so long as medically necessary.
8.2.4 Disciplinary Disciplinary warnings shall be documented and shall set forth the Warning points for which the employee has received the warning; the
corrective action that must take place; the dates of any previous
performance discussions with the employee; and any other pertinent
information. A copy of the warning must be forwarded to the Human
Resources Department by the department head to be filed in the
employee's personnel folder. A warning may result from any kind or
class of conduct related or unrelated, constituting failure in
performance of duties or in personal conduct at any time during
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employment, and are not limited to those listed in this Article.
Cumulative Disciplinary Warnings
An employee who receives three (3) disciplinary warnings for failure
in performance of duties and/or failure in personal conduct, during
any consecutive three (3) year period shall receive by the department
head a disciplinary action of one or a combination of the following:
suspension, a salary reduction, demotion, or dismissal by the
department head. The three (3) warnings may result from causes
related or unrelated, constituting work and/or conduct that is
unsatisfactory.
8.2.5 Disciplinary A suspension without pay for apre-determined period of time maybe
Suspension used as the appropriate disciplinary measure to correct work
performance or personal conduct deficiencies. A disciplinary
suspension is documented as a disciplinary warning with the added
disciplinary action of suspension without pay.
8.2.6 Disciplinary A salary reduction without demotion or reclassification to a lower
Salary position classification may be used as the appropriate disciplinary
Reduction measure to correct work performance or personal conduct
deficiencies. The amount of reduction should be contingent on the
severity of the offense or deficiency and is determined by the
department head in consultation with the Human Resources Director.
This disciplinary action is documented as a disciplinary warning with
the added disciplinary action of a salary reduction.
8.2.7 Disciplinary A demotion to a lower position classification may be used as the
Demotion appropriate disciplinary measure to correct work performance or
personal conduct deficiencies. Employees demoted for disciplinary
or performance-based reasons should expect to have their salary
reduced, the amount of reduction contingent on the severity of the
offense or deficiency and to be determined by the department head in
consultation with the Human Resources Director. A proposed
demotion which necessitates the reclassification of aposition must be approved by the Human Resources Director and County Manager.
The demotion will be documented as a warning with the added
disciplinary action of demotion.
8.2.8 Dismissal Failure in Performance of Duties
An employee who continuously fails to achieve the performance
levels established and communicated by the respective supervisor(s)
faces the possibility of dismissal as the appropriate disciplinary
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action. Dismissal for performance deficiencies will normally be
preceded by prior warning, but, in the case of a serious infraction,
may result from one incident.
Failure in Personal Conduct
Dismissal of an employee charged with failure in personal conduct
may be preceded by prior warning, but, in the case of a serious
infraction, may result from one incident.
8.2.9 Pre-dismissal The following activities must precede dismissal of any County
Hearing employee who is in a regular (non-temporary) position and has
satisfactorily completed the introductory period:
1. The department head or designee shall provide the employee
with a written notification of the date, time and place of a pre-
dismissal hearing. The notification should include that
dismissal is being considered as a disciplinary action and the
proposed effective date.
2. If not included in the pre-dismissal hearing notification, at the
pre-dismissal hearing the department head or designee must
issue the employee a written notice of the charge(s) against
the employee allow the employee to respond to the
allegation(s). At this hearing, the employee may present any
response to the charges or the proposed disciplinary action.
The employee may not have a representative or attorney
present at this hearing.
3. The department head will consider the employee's response,
if any. Based on the results of the hearing, the department
head, in consultation with the Human Resources Director,
may elect to dismiss the employee as the appropriate
disciplinary measure; impose less stringent disciplinary
actions; suspend the employee without pay pending further investigation; suspend the employee with pay pending further
investigation; or take no further actions against the employee.
4. The department head will notify the employee in writing of
the determination within three (3) business days but not less
than one (1) business day following the pre-dismissal hearing.
The determination must be signed by the employee or sent to
the employee's home address by certified, return receipt mail.
The notice shall contain a statement of the reason(s) for the
determination and the employee's appeal rights.
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5. If the department head elects administrative suspension
pending further investigation, pursuant to the results of further
investigation and in consultation with the Human Resources
Director, that department head may, within fifteen (15)
working days following the pre-dismissal hearing: dismiss the
employee as the appropriate disciplinary measure; impose
other disciplinary actions, as deemed appropriate; or reinstate
the employee and, if necessary, award back pay for any period
of interim suspension without pay.
8.2.10 Administrative In some cases it may be determined that the removal from the
Suspension workplace of an employee would be in the best interest of the
employer or the employee. Possible reasons include, but are not
limited to, to avoid undue disruption of work, to protect the safety of
persons or property, or for other serious reasons. Also, such a
suspension may be used to provide time to investigate, establish facts,
and reach a decision concerning an employee's status or it may be
appropriately used to provide time to schedule and hold apre-
dismissal hearing. Administrative suspensions may be directed with
or without pay as described below in Subsections (a) and (b) of this
Section, but shall not be used for the purpose of delaying an
administrative decision regarding the employee's work status pending
the results of a civil or criminal court matter involving the employee.
(a) Administrative Suspension without Pay
The department head, in consultation with the Human Resources
Director or designee, may suspend an employee without pay for a
period not to exceed fifteen (15) working days (unless an extension is
granted by the Human Resources Director) during the internal
investigation of that employee on any presumed violations of
established internal policies or procedures; provided that such
violations may, if proven, form the basis for disciplinary action.
Suspension without pay must be preceded by a review of available
evidence and a determination that such evidence comprises sufficient grounds to suspend without pay, pending the results of further
investigation. Sufficient grounds are defined as:
• Demonstrated evidence that the employee's presence and
actions will cause undue disruption of work or pose a threat to the safety of persons or property; or
• The evidence compiled during a preliminary investigation,
including that offered by the concerned employee, is
substantial enough to assume that the results of further internal investigations will prove the employee's guilt.
Established: May 1977 Article 8 -Performance and Discipline Page 6
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(b) Administrative Suspension with Pay
The department head, in consultation with the Human Resources
Director or designee, may suspend an employee with pay for a period
not to exceed fifteen (15) working days (unless an extension is
granted by the Human Resources Director), during the investigation
of that employee on any presumed violations of established internal
policies or procedures if the following conditions exist:
• Available evidence is not substantial enough to suspend
without pay;
• The employee's presence in his/her usual work environment
causes undue disruption of work or poses a threat to persons
or property for reasons not attributable to any actions by that
employee;
• Efforts have been made to place the employee in another
position for the duration of the investigation.
When an employee is in administrative suspension status, he or she is
expected to be available to participate in any ongoing investigative
activities and fully cooperate with the investigation. The employee
may be expected to surrender all County property, as deemed
necessary, during the period of suspension. Also, the employee shall
not contact department employees during their working hours or
disrupt department operations in any way. Non-cooperative or
disruptive actions may subj ect the employee to disciplinary action.
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ARTICLE 9 -APPEALS AND GRIEVANCES
9.0 Employee The purpose of this policy is to ensure that corrective and disciplinary
Appeal of actions for performance or conduct deficiencies are consistent with
Disciplinary the County disciplinary policy.
Actions-
Purpose and This policy applies to all regular (non-temporary) employees who
Applicability have successfully completed the introductory 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 Director who 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.
9.1 Employee This policy provides a procedure whereby eligible employees maybe
Appeal of heard and disciplinary actions maybe reviewed for validity and
Disciplinary consistent application of applicable County policies.
Actions-
Policy For purposes of this policy, the term "business days" refers to
weekdays on which the County is open for regular business.
Exceptions are weekend days, County holidays or other weekdays
County offices are deemed "closed "for regular business.
9.1.1 Appeal of An eligible employee who wishes to appeal a suspension, salary
Suspension, reduction, demotion or dismissal may, within five (5) business days
Salary after the disciplinary action and after notifying his/her department
Reduction, head in writing of his/her intentions, appeal the action in writing to
Demotion or the Human Resources Director. If the employee is a department
Dismissal head, he/she may appeal the action in writing to the County Manager.
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.
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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 Manager within five (5)
business days after receipt of the staff investigator's recommendation.
The recommendation to the County Manager will include the
specifics of the charges, the investigator's findings and the basis for
the recommendation. The Human Resources Director will also notify
the employee by certified mail to his/her home address of the
recommendation to the County Manager within five (5) business days
after receipt of the staff investigator's recommendation.
Unless a hearing is requested, the County Manager will 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.
9.1.2 Appeal At the request of the appealing employee, the County Manager will
Hearing 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 Manager will 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 Manager will be
final. All hearings provided for herein shall be conducted during
working hours.
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9.1.3 Appeal of a An eligible employee who wishes to appeal a disciplinary warning
Disciplinary may within five (5) business days after the disciplinary action, and
Warning after notifying his department head in writing of his intentions, appeal
the action in writing to the 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 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.
9.1.4 Failure to If the appealing employee fails to comply with the procedures and
Comply with time limits established herein, the Human Resources Director may
Appeal dismiss the appeal.
Procedures
9.1.5 Department Department heads covered by this policy may appeal disciplinary
Head Appeal warning, suspension, salary reduction, demotion, or dismissal in
of Disciplinary writing to the County Manager within five (5) business days after the
Action 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
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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.
9.1.6 Failure to If the appealing department head fails to comply with the procedures
Comply with and time limits established herein, the County Manager may dismiss
Appeal the appeal.
Procedures
9.2 Grievance- It is the policy of the County to foster the kind of work environment
Purpose and that supports the efforts of all employees to provide quality services
Applicability 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 or employee concerns about treatment or conditions of work
may be rapidly, fairly and consistently addressed. This policy may
not be used to appeal a disciplinary action; the appeal policy should
be used instead.
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 Director who is appointed by the Board of
Elections which has full authority over the position in
personnel decisions.
9.2.1 Grievance Eligible employees may use the employee grievance procedure to
Policy 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.
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This grievance procedure does not apply to the following issues:
• Disciplinary actions covered by the Appeal Policy;
~ Complaints of workplace harassment covered by the
Unlawful Workplace Harassment Policy;
• 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;
• Downgrades which occur as the result of reorganization.
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
subj ect to disciplinary action, up to and including termination.
9.2.2 Grievance When an employee or group of employees has a grievance, the
Procedure 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 maybe 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 maybe dismissed
accordingly.
For purposes of this policy, the term "business days" refers to
weekdays on which the County is open for regular business.
Exceptions are weekend days, County holidays or other weekdays
County offices are deemed "closed "for regular business.
9.2.3 Grievance The employee must present the grievance in writing to the immediate
Procedure supervisor within ten (lo) business days of the event or within ten
Step 1 (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)
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business days of receipt of the grievance. 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
reasons} 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.
9.2.4 Grievance If the grievance is not resolved during Step One and the employee
Procedure wants to pursue it to the department head, the employee must file the
Step 2 grievance in writing to the department head within ten (10) business
days of receipt of the response by the supervisor in Step 1. The
department head shall render a decision within a maximum of ten
(lo) business days of receipt of the grievance. 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
reasons} 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.
9.2.5 Grievance If the grievance is not resolved during Step 2 and the employee wants
Procedure to pursue it to the County Manager, the employee must, within ten
Step 3 (l o) business days of receipt of the department head's response in
Step 2, 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 hear the
employee or group 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
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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.
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ARTICLE 10 EMPLOYEE BENEFITS
10.0 Benefits In addition to providing the benefit of paid leave, the County seeks
Policy- to enhance employees' total compensation by adding other
Purpose and benefits of value so that the County can attract and retain qualified
Applicability employees to provide County services. Unless expressly excluded,
covered employees include those individuals who hold regular
(non-temporary) positions, including employees appointed by the
Board of County Commissioners and elected officials. Retirees
from County service are eligible for insurance and other benefits
as described herein.
10.1 Benefits Policy The County shall provide group medical, dental and other
insurance programs and benefits to its employees, employees'
dependents and retirees. These provided benefits are subj ect to the
approval of the Board of County Commissioners on a yearly basis.
10.1.1 Medical and While employed, regular (non-temporary) employees who are in
Dental full-time or part-time positions at a minimum of 20 hours/week
Insurance and who receive a W2 form for annual tax filings and elected
Eligibility officials are eligible for group medical and dental insurance
coverage. Individuals who are issued 1099 forms for annual tax
filings are not employees.
10.1.2 Medical and New Employee Enrollment: Eligible employees are first eligible
Dental for enrollment for medical and dental coverage as a newly hired
Insurance employee. They are offered coverage and must enroll or waive
Enrollment coverage at that time. Employees and their dependents are subject
to a waiting period for medical pre-existing conditions unless
proof of prior coverage which meets specific HIPAA guidelines
are submitted for enrollment.
Open Enrollment: Employees are given the opportunity annually
during open enrollment to make changes in their medical and
dental plans.
10.1.3 Medical and Coverage takes effect in accordance with the dates established Dental annually and set forth in the New Hanover County Payroll
Insurance Schedule. This is generally the first day of the month following the
Effective Date employee's 30tH day of employment, not to exceed 60 days.
10.1.4 Medical and Eligible covered employees may enroll their eligible dependents
Dental for coverage. Eligible dependents include:
Insurance a. The employee's spouse, under a legally valid, existing
Dependent marriage with a person of the opposite sex;
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Coverage b. The employee's unmarried children or the employee's spouse's
unmarried children up to age 26 who are the employee's legal
dependents;
c. The employee's children or employee's spouse's children
including newborn children from date of birth, stepchildren,
adoptive children from date of placement in anticipation of
adoption, foster children from date of placement in a foster
home (as defined by North Carolina law), and children for
whom medical benefit coverage is required under a court or
administrative order, and as determined eligible by the insuring
corporation;
d. The employee's unmarried child who is mentally or physically
handicapped and incapable of self support, who maybe
covered under the program regardless of age if the condition
existed and coverage was in effect upon attainment of the
limiting age.
10.1.5 Medical and Medical and dental insurance rates are established annually by the
Dental insurance companies and must be approved by the Board of
Insurance County Commissioners. Rate changes are effective August 1 sr of
Rates each year, which is the beginning of the benefit year.
New Hanover County and the employee share the cost of medical
and dental insurance coverage. A schedule of rates is established
annually and set forth in the New Hanover County Benefit Rate
Schedule.
10.1.6 Medical Retiring employees will be subject to the policy provisions in
Insurance for effect on the date of their retirement. Employees may qualify for
Retirees continued coverage under the County's group medical insurance
program, as outlined in this section as long as their required
portion of the monthly premium is timely paid to the County.
Employees may maintain the type of coverage in effect at the time
of retirement; however, at age 65 they must obtain primary
coverage through the Federal Medicare plan (Parts A & B}, which
will become primary, and the County's medical insurance plan will assume secondary responsibility for covered medical services.
Retiring employees must make an election to continue or terminate
coverage at the time of their retirement. If they waive 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: When a
retiree's spouse is an active County employee, the retiree may
choose to become a dependent under the spouse's certificate.
When the retiree loses eligibility under the spouse's certificate,
Established: May 1977 Article 10 -Employee Benefits Page 2
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-5-2
New Hanover County Personnel Policies & Procedures
he/she may at that time exercise the retiree insurance options that
were available at the time of retirement.
10.1.7 Dental Retiring employees may qualify for continued coverage under the
Insurance for County's group dental insurance program, as outlined in this
Retirees policy, as long as the retiree makes timely premium payments and
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.
10.1.8 Medical and An employee must meet the requirements of one of the categories
Dental detailed below in order to qualify for continued coverage under the
Insurance County's group medical and dental insurance programs:
Requirements a. A regular employee who retires under one of the provisions of
for Continued the North Carolina Retirement System, and who has at least
Coverage five (5) consecutive years of service with New Hanover
County immediately prior to retirement is qualified for
continued coverage under this section.
b. A firefighter or sworn law enforcement officer who becomes
totally and permanently disabled from his/her j ob, as approved
by the North Carolina Retirement System's Medical Review
Board, and whose disability is the result of an accident while
performing his/her duty as such needs only one (1) year of
creditable service for continued coverage under this section.
c. An employee appointed directly by the Board of County
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.
d. A County Commissioner who serves at least 10 years, which
do not have to be consecutive, 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.
10.1.9 Medical and A regular employee or an employee appointed by the Board of
Dental Retiree County Commissioners, the Sheriff or the Register of Deeds who
Rates retires from New Hanover County based upon the eligibility
criteria for any type of retirement established by the North
Established: May 1977 Article 10 -Employee Benefits Page 3
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-5-3
NeW Hanover County Personnel Policies & Procedures
Carolina Retirement System will pay for continued coverage
according to the following schedule.
NOTE: The County's contribution towards the retiree's insurance
premiums is based on a set amount or percentage of the cost of
lYldlvldUal COVerag2. QZfallfylYlg ll?dlvldUals Ch00slYlg t0 COV2r
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 County
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
medical and dental insurance premiums, plus any
administrative fees that might be imposed, for the period
allowed by the provisions of the plan contractor any
legislative mandates governing the continuation of group health and dental insurance benefits (COBRA}.
h. When a qualifying individual who retired on or after August 1,
2003 deceases and there are dependents covered under the
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 for the period allowed
by any legislative mandates governing the continuation of
group health and dental insurance benefits (COBRA).
Established: May 1977 Article 10 -Employee Benefits Page 4
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-5-4
New Hanover County Personnel Policies & Procedures
10.1.10 Continued County Commissioners who serve at least 10 years, which do not
Medical and have to be consecutive, will pay 50% of the total cost for
Dental individual coverage, plus any additional costs for dependents. A
Coverage for Commissioner who leaves office and qualifies for continued
County coverage under this policy must at age 65 obtain primary coverage
Commissioners through the Federal Medicare plan (Parts A & B), which will
Leaving Office become primary, and the County's medical insurance plan will
assume secondary responsibility for covered medical expenses.
10.1.11 Medical and Participants must pay all premiums by the first day of the month
Dental for which coverage is in effect. New Hanover County bills
Insurance participants monthly and allows a thirty (30)-day grace period for
Premium payment. Nonpayment or late payment will result in irrevocable
Payment cancellation.
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.
10.1.12 Continued Eligible employees who do not qualify for continued coverage
Medical and under the County's group medical and dental insurance programs
Dental will be afforded continued coverage in accordance with the plan
Insurance contractor any legislative mandates governing the continuation of
COBRA group medical and dental insurance benefits (COBRA).
10.2 Retirement At successful completion of the introductory period, regular
Benefits employees shall be enrolled in the North Carolina Local
Government Employees' Retirement System (NCLGERS) and
begin to earn creditable retirement service credit. Sworn law
enforcement officers shall be enrolled in the North Carolina Law
Enforcement Officers' Benefits and Retirement Fund.
Contributions to the appropriate retirement system are deducted
from the employee's pay checks and contributions are also made
by the County, at a rate determined by the State Department of the
Treasurer, Retirement Systems Division. Employees already
enrolled and actively participating who transfer to County service
will be enrolled immediately upon employment with the County.
10.2.1 Retirement After one year of creditable service, employees are eligible for a
Benefits- death benefit. Should an eligible employee die while actively
Death of employed, the designated beneficiary(ies) will receive a single
Employee lump-sum payment which equals the highest 12 consecutive
Established: May 1977 Article 10 -Employee Benefits Page 5
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-5-5
NeW Hanover County Personnel Policies & Procedures
months of salary during the 24 months preceding death, but no less
than $25,000 and no more than $50,000. This benefit is also paid
if death occurs within 180 days of the last day for which an
employee is paid a salary.
10.2.2 Retirement After five years of creditable service in the NCLGERS, employees
Benefits-- are vested for purposes of retirement benefits in accordance with
Vesting the eligibility requirements established by the State Department of
the Treasurer, Retirement Systems Division.
10.3 Supplemental All regular employees are eligible to participate in any
Retirement supplemental retirement plan offered by the County, such as the
Plans 457 Deferred Compensation Plan or the 401(k) Supplemental
Retirement Income Plan. All employee contributions are
voluntary.
As required by State law, the County contributes 5% of gross
salary to the 401(k) Plan for qualified sworn law enforcement
officers. For non-law enforcement positions, the County does not
make a contribution.
10.4 Other The County offers other a wide array of group insurance plans and
Insurance Plans benefits. For some, the premiums are paid by the County; for
and Benefits others, the premiums are paid by the employee. The offerings are
subj ect to change each benefit plan year and, therefore, it is not
practical to list them in this policy. Current insurance plans and
benefits listings and details can be found on the Human Resources
Internet or Intranet website.
10.5 Employee Eligible employees and retirees may participate in the County's
Wellness wellness program, access the on-site clinic, and receive on-site flu
Benefits and tetanus immunizations.
10.6 Workers' County employees are covered by the North Carolina Workers'
Compensation Compensation Act and maybe eligible for Workers'
Benefits Compensation benefits as a result of all injuries arising out of and in the course of employment. An employee has a responsibility to
timely report any such injury to his or her supervisor or to the
County safety officer.
10.7 FICA The County, to the extent of its lawful authority and power, has
extended social security benefits for its eligible employees and
eligible groups and classes of such employees.
10.8 Unemployment County employees maybe eligible to receive unemployment
Established: May 1977 Article 10 -Employee Benefits Page 6
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-5-6
New Hanover County Personnel Policies & Procedures
Insurance benefits once their employment with the County ends, provided
Benefits they establish a claim and are not disqualified by the Employment
Security Commission under the conditions outlined in GS 96-14.
This is a benefit paid by employers.
Established: May 1977 Article 10 -Employee Benefits Page 7
Last Revised: October 19, 2009
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 5-5-7
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
CONSENT
ITEM: 6
DEPARTMENT: Senior Resources Center PRESENTER(S): Jim McDaniel
CONTACT(S): Janine Powell
SUBJECT:
Approval of Acceptance of ARRA Funds for the Elderly Nutrition Services Program
BRIEF SUMMARY:
The Cape Fear Area Agency on Aging has been notified by the NC Division of Aging and Adult Services of
the allocations for Elderly Nutrition Funds as part of the American Recovery and Reinvestment Act (ARRA) for New Hanover County. They notified the New Hanover County Senior Resources Center of the
availability of the allocations. The monies will be used for the Congregate and Home Delivered meal
programs administered by the Senior Resources Center. New Hanover County is eligible to receive a
combined total of $56,001 with a 10°Io match required. The money will be allocated as follows:
Congregate - $37,527 ARRA funding plus a $4,170 County Match (10%)
Home Delivered- $18,474 ARRA funding plus a $2,053 County Match (10°Io)
The match is available in the Senior Resource Center Nutrition FY09-10 adopted budget.
The grant does not require the program to be continued after funding ends.
The Home and Community Care Block Grant process will be used to initiate the funding.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the acceptance of state funds from the ARRA in the amount of $56,001 for the Elderly Nutrition
Services Program and adopt ordinance for budget amendment 10-077.
ATTACHMENTS:
Memorandum Announcing Funds
Budget Form
ARRA 732a
B/A 10-077
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ n~~ a~~nna
6-0
To: Region 0 County Managers
Marty Lawing, Brunswick County
Bill Clark, Columbus County
Bruce Shell, New Hanover County
Rick Benton, Pender County
Region 0 Lead Agency for Aging Services Directors
Jim Russell, BSRI
Ed Worley, Columbus Co. Dept. of Aging
Chris Coudriet, Assistant Co. Manager, New Hanover Co. Dept. of Aging
Wes Davis, Pender Adult Services
From: Jane Jones, Cape Fear Area Agency on Aging (AAA Director
Date: September 22, 2009
Re: Available Elderly Nutrition Funds, as part of the American Recovery and
Reinvestment Act (ARRA)
The Cape Fear Area Agency on Aging has been notified by NC Division of Aging and
Adult Services (DAAS) of the allocations for Elderly Nutrition Funds as part of the
American Recovery and Reinvestment Act (ARRA) for Brunswick, Columbus, New
Hanover and Pender Counties. DAAS has received $2,768,783 in funding under the
American Recovery and Reinvestment Act (Public Law 111-5~ for use within our Elderly
Nutrition Services Program. The Law and grant award from the U.S. Administration on
Aging requires that 67 percent of the funds ($1,855,370) be used for Congregate
Nutrition and the other 33% ($913,413 for Home-Delivered Meals.
In orderto receive the Elderly Nutrition Funds through ARRA, a 10% local match is
required. County Managers have been informed of the availability of ARRA nutrition
funding and the local matching requirement. Please see attachments forARRAfunding
to each county for congregate and home delivered meals, and required amount of local
match to receive the funds.
There are several points about these funds that are essential to the administration of
them:
• Agencies, contractors and subcontractors are specifically prohibited from using
recoveryfunds fortravel outside of the service area orcounty in which the project
is located.
• The Home & Community Care Block Grant (HCCBG) county planning
process, including approval by the county board of commissioners, will be
used to initiate ARRA nutrition services. The Area Agency on Aging (AAA will
provide coordination and technical assistance to county lead agencies as is done
through the HCCBG process. County Lead Agency Directors are requested to
ARRA Elderly Nutrition Funds, Cape Fear Area Agency on Aging Page 1
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 6-1-1
please convene a meeting of your HCCBG Planning Committee ASAP and to
coordinate meeting dates/times with myself and Melissa. The AAA requests
that all meetings be scheduled by October 16, 2009 if possible so budget
formats can be completed and scheduled for approval on County
Commissioner agendas for implementation in early November.
• Counties will complete the attached ARRA-731 & 732, 732A &732A1 budget
formats and submit to the Area Agency on Aging by November 13, 2009. County
Commissioner approval/signature is required on 731 & 732 budget forms. The
lead agency director must also sign the ARRA 732 form. No signatures are
required for ARRA 732A and 732A1 forms. When signed forms are received and
reviewed by the AAA, an ARRA-735 County Funding Agreement will be
generated by the AAA and forwarded to the County Manager for signatures.
• The goal of the Division of AginglAdult Services is to have all counties
begin expending ARRA Nutrition funding by November 2009. The Cape
Fear AAA stronglyencnurages all counties to expend funding by March 31,
2010, if possible, since DAAS would like ARRA funding to be expended
prior to June 30, 2010. To avoid confusion, we are leaving the beginning date
open on the budgeting formats. Please note that ending dates will indicate
December 31, 2010, the official ending date of this ARRA program.
• Existing county nutrition program provider agreements and food service vendor
contracts can be amended to accommodate ARRA funding. The amended
agreements and contracts must clearly delineate between ARRA and HCCBG
services. The attached ARRA-732A and ARRA-732A1 format shall be completed
to coincide with amended agreements and contracts. Attachments to be provided
with amended nutrition provideragreements and food service vendor contracts
are as follows:
1. Award Provisions for ARRA Funds: This document is provided to
county nutrition program providers and food service vendors. This
document provides contractor requirements specific to ARRAfunding.
The county nutrition program provider has primary responsibility to make
certain thatvendors are in compliance with these requirements.
2. Jobs Created/Saved by Food Service Vendors: This format is to be
completed by food service vendors to indicate jobs created or saved
through the contractforARRA meals. Vendors are to provide this
information to the county nutrition program provider by September
28, 2009; December 28, 2009; March 28, 2010 and June 28, 2010.
Vendors will report each quarter indicating 0's if no jobs are created
or saved.
****Note: Vendors must complete this report and submit this report
to you by 9-28-09 even though ARRAfunding is not fully functional in your
county. Please have your vendors indicate 0's forthis report if no jobs are
created or saved.
ARRA Elderly Nutrition Funds, Cape Fear Area Agency on Aging Page 2
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 6-1-2
3. Jobs Created/Saved by County Nutrition Programs: This format is
completed by nutrition programs at the county level to indicate jobs
created or saved in program administration and service delivery directly
resulting from the award of ARRA Nutrition funding. If a congregate site
has reduced days of service and reinstates them through ARRA Nutrition
funding, the addition of paid site staff or increasing of staff hours would be
reported. Information on this report is to be provided to the Area
Agency on Aging by October 2, 2009; January 2, 2010; April 2, 2010
and July 2, 2010.
Nutrition programs will also compile and include jobs createdlsaved
by food service vendors on the nutrition program report to the area
agency (see #2 on Page 2~. Nutrition programs will report each
quarter indicating 0's if no jobs are createdlsaved. Please forward
reports to Melissa Richardson at the AAA prior to the above
deadlines.
****Please note there can be NO extensions on the above deadlines
for this information as the AAA must provide the data to DAAS by
the 5t" of the above months for reporting to the federal government
by the 10f" of those respective months.
• The ARRA funds have to be used for the designated purposes (congregate and
home-delivered meals)without the ability to transfer them to otherservices orto
move funds between these two services. Separate service codes have been
established by DAAS to track these Recovery funds within the Aging Resources
Management System (ARMS). This separate tracking will facilitate Federal and
State reporting associated with the Recovery program, which will be done at least
quarterly.
• At a minimum, reports will have to be made for both congregate and home-
delivered-the number of meals provided, the number of persons served, funds
received and funds expended, and jobs created andlor retained (see below). All
meals provided through ARRA funding must meet the same criteria as Title III-C
meals and may be counted toward Nutrition Services Incentive Program (NSIP)
allocations (however, there is no increase in funds for NSIP~. The emphasis within
ARRA and by the U.S. Administration on Aging is on expanding the provision
of meals rather than other related services or the infrastructure needed to
support this delivery. For example, the funds cannot be used to transport
participants to congregate nutrition sites. However, if transportation costs are
already factored into your congregate/HDM meal rate, such as gas costs for
example, that is allowable according to Audrey Edmisten. Additionally, if
equipment is needed in order to provide more meals, this equipment must be
purchased from the regular Older Americans Act/HCCBG appropriations and
cannot be purchased with Recovery Funding.
ARRA Elderly Nutrition Funds, Cape Fear Area Agency on Aging Page 3
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 6-1-3
• The funds are one-time in nature (non-recurring. They will be available through
December 31, 2010. Although, again, we are encouraging their expenditure by
March 31, 2010 and no later than June 30, 2010. With this in mind, AAA's will work
closely with their local service providers and local Aging planning committees to
identify the most effective ways to use these funds to meet current service needs
without creating new or expanded services that cannot be sustained when these
funds are no longer available. For example, we knowfrom the February 2009
HCCBG survey of providers that more than 30% of home-delivered meals providers
were not adding a new clientwhen an existing client ended service, and nearly
another 25% said they too might freeze slots soon. Half of these providers had either
already discontinued holiday or emergency meals or expected to do so. Nearly
2,800 seniors across the state were waiting for home-delivered meals. These are
needs that could be appropriately addressed with these Recovery funds. On the
other hand, we would caution against establishing a new home-delivered meals
route that could not be sustained. As another example, almost a third of congregate
meal providers in the state anticipated having to reduce the number of days their
sites are open (24%~ or had already done so (8%). About the same proportion had
stopped adding new participants or thought they would have to stop soon. These
again are needs that could be appropriately addressed, while we would caution
against creating a new congregate site that could not be sustained.
• While these Recoveryfunds cannot be used forany purpose otherthan what is
allocated for Congregate and Home-Delivered Meals, the AAAwill work with the
county Aging planning committees in viewing these Recovery fundswithin the
context of their larger Home and Community Care Block Grant allocations. Based on
the DAAS recent survey of HCCBG providers, it is obvious that a number of service
areas (e.g., in-home aide, transportation, adult day services) are experiencing wait
lists and reductions in service capacity. It is permissible and appropriate forthe
county HCCBG funding plans to be examined in light of the overall service needs
and the availability of all service funds (including the Recovery funds for nutrition in
making decisions for this fiscal year relative to the allocation of HCCBG funding
among the eligible services. The assessment and any HCCBG budget revisions for
this year should obviously occur in a timely manner and follow existing policies and
procedures. DAAS will work with the AAA to assure that the required proportion for
access, in-home, nutrition, and legal services are maintained.
Details about the availability and use of these funds are included on the attached
documents. These Recovery funds are clearly coming at a good time in helping us
address critical service needs. We appreciate your assistance in their effective use.
Please contact either me at iiones(~capefearcoq.orq or 910 395-4553 ext 209 with
questions about the funds, and I will discuss any specific issues with Gary Cyrus and
Audrey Edmisten at DAAS. Thanks for your immediate attention to working with and
implementing requirements forARRAfunding.
ARRA Elderly Nutrition Funds, Cape Fear Area Agency on Aging Page 4
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 6-1-4
Enclosed Attachments:
1. ARRA 09/10 Grant Allocation to Counties
2. Award Provisions ARRA Funds Co. Nutrition Program Providers
3. Contract Provisions ARRA Funds Food Service Vendor Contracts
4. Quarterly Report of Jobs Created orSaved-Nutrition Program Providers
5. Quarterly Report of Jobs Created or Saved-Food Service Vendors
6. ARRA-731 County Funding Plan
7. ARRA-732 County Funding Plan-Nutrition Provider Services Summary
8. ARRA-732A Service Computation Worksheet
9. ARRA-732A1 Labor Distribution Schedule
CC: Melissa Richardson, COG/AAA Staff
AJ McClure, COG Finance Officer
Chris May, COG Ex. Director (memo only
Annette Crumpton, New Hanover County Dept. of Aging
Amanda Jernigan, Columbus County Dept. of Aging
Karen Carter, BSRI
ARRA Elderly Nutrition Funds, Cape Fear Area Agency on Aging Page 5
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 6-1-5
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AGENDA: October 19, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-077
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-077 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Senior Resource Center
Ex enditure: Decrease Increase
ARRA/Elderl Nutrition Services Pro ram:
Contracted Services/Con re ate Meals $37,527 Contracted Services/Home Delivered Meals 18,474
Total $56,001
Revenue: Decrease Increase ARRA/Elderl Nutrition Services Pro ram:
Elderl Nutrition Services Pro ram funds $56,001
Total $56,001
Section 2: Explanation
To budget Elderly Nutrition Services Program funds received as part of the American Recovery
and Reinvestment Act (ARRA).
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 10-077, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 6-4-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
CONSENT
ITEM: 7
DEPARTMENT: Senior Resource Center PRESENTER(S): Jim McDaniel
CONTACT(S): Janine Powell
SUBJECT:
Approval to Apply for Senior Center General Purpose Grant Funding
BRIEF SUMMARY:
The Cape Fear Area Agency announced availability of funds for use by senior centers to support and develop
programming and general operations. The money is allocated based on the statewide certification process for
senior centers. Base funding can increase if a county achieves a level of "merit" or "excellence." As a
"Center of Excellence", the New Hanover County Senior Resources Center qualifies for increased funding. The State has allocated $12,652 for New Hanover County with a $4,218 (25%) match required. The total of
funding is $16,870. The grant match is included in the FY09-10 Senior Center Division of the Senior
Resource Center budget. The grant does not require the program to be continued after funding ends.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the application for acceptance of state funds from the Senior Center General Purpose Funding in the
amount of $12,652, plus a 25°Io County match of $4,218 for total funding of $16,870 for the New Hanover
County Senior Resources Center.
ATTACHMENTS:
Grant Application
Budget Form
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ n~~ a~~nna
7-0
STATE APPROPRIATION FOR SENIOR CENTERS THROUGH
THE z0og SESSION OF THE
NC GENERAL ASSEMBLY
SENIOR CENTER GENERAL PURPOSE FUNDING
FY zoog-zoo APPLICATION PACKET
CAPE FEAR AREA AGENCY ON AGING
BRUNSWICK SENIOR RESOURCES, INC.
COLUMBUS COUNTY DEPARTMENT OF AGING
NEW HANOVER COUNTY RESOURCE CENTER
PENDER ADULT SERVICES, INC.
The Cape Fear Area Agency reserves the right to request additional information, references,
to accept or reject any or all proposals to waive technicalities, to accept proposals in whole
or in part, and to award a contract(s) which, in the opinion of the grantee, best serves the
older adults.
Board of Commissioners Meeting i nii oi~nno
1V/ ll/ LVVI 7-1-1
SENIOR CENTER GENERAL PURPOSE FUNDING
Introduction and Instructions
The Cape Fear Area Agency is pleased to announce the availability of funds for
use by senior centers to support and develop programming and general
operations or to construct, renovate, or maintain senior center facilities.
$~,z65,3~6 in general purpose funding was allocated for senior centers for the
current fiscal year. This funding is allocated to the Area Agencies on Aging for
distribution to the centers within the region which provide full time programs
or will utilize the funding to develop full time programs. Across the state, X63
senior centers or developing senior center will be funded.
As you are aware, over the past several years, the Division of Aging and Adult
Services has worked to develop a new statewide certification process for
senior centers with standards that encourage centers across the state to strive
for levels of `merit' or `excellence'. It is felt that all viable senior centers in the
state could meet the newly developed standards in a reasonable amount of
time. The intent of the certification process has been to increase base funding
for those who have successfully completed the process. This ensures that
funding is being well spent on readily identifiable programs and services and
provides an incentive for centers that make investments to meet certification
requirements. Therefore in order to provide an incentive to work toward
certification, and to reward those who achieve it, the Division has altered its
funding distribution method, with approval of the Legislature, to fund senior
centers equally, based upon their certification status. Centers of Merit will
receive two shares of the funding ofnon-certified centers and Centers of
Excellence will receive three times the funding ofnon-certified centers. The
objectives for this year are to:
➢ Allocate funding equally to every center, based upon certification
status;
➢ Require documentation and accountability for the use of funding,
and;
➢ Provide incentives for centers to improve themselves through
certification.
2
Board of Commissioners Meeting i nii oi~nno
1V/ ll/ LVVI 7-1-2
Again this year it has been decided to divide the annual appropriation into
shares based on the total number of senior centers as determined by the Area
Agencies on Aging plus extra shares for each senior center which meets
certification status. Uncertified, identified centers will receive one share.
For FY zoog-zoo, total funding available to the counties in Region O will
amount to $88,570. Effective period: July zoog-June 30, zoo.
The senior centers below are eligible to receive:
FY10 Senior Center General Pur ose
Senior Center General Required Center of Excellence (SE) Satellite (5)
County Senior Center Purpose Grant Match Grand Total Uncertified (UC)
Brunswick Leland $4,218 $1,406 $5,624 UC
Shallotte $4,218 $1,406 $5,624 UC
Southport $4,218 $1,406 $5,624 UC
Columbus Bolton $4,218 $1,406 $5,624 S
Bug Hill $4,218 $1,406 $5,624 S
Chadbourn $4,218 $1,406 $5,624 S
East Columbus $4,218 $1,406 $5,624 S
Fair Bluff $4,218 $1,406 $5,624 S
Tabor City $4,218 $1,406 $5,624 S
Whiteville $12,652 $4,218 $16,870 CE
New Hanover Resource Center $12,652 $4,218 $16,870 CE
Pender Heritage Place $12,652 $4,218 $16,870 CE
Topsail $12,652 $4,218 $16,870 CE
Total $88,570
It is the responsibility of the applicant to certify the availability of the local
match. The funds require a i5% local match. The funds must be spent first
before reimbursed and before May zoo. Therefore, projected June
expenditures must be reported with May Services reported in June otherwise
the unutilized portion of your allocation will revert to the state.
Application submissions should include:
Applicant information.
(z) Certification of the availability of local match.
(3) A budget for senior center general purpose activities.
APPLICATION FOR SENIOR CENTER GENERAL PURPOSE FUNDING
3
Board of Commissioners Meeting i nii oi~nno
1V/ ll/ LVVI 7-1-3
Applicant Information
Date: October zooq
Project Name: New Hanover County Senior Resource Center
Name of Project Director: Jim McDaniel
Telephone Number: ~~0-7~8-770o FAX: ~~0-X56-508
E-Mail: a
Name andAddress ofApplicant:
NHC Senior Resource Center
zzzz South College Road
Wilmington, NC z84o~
Type of Agency Applying: Private-Non-Profit
Public X
Location of Project: New Hanover County
ASSURANCES
NHC Senior Resource Center_(hereinafterreferred to as "Subgrantee")HEREBY AGREES
THAT itwill comply with all Federal statutes relating to nondiscrimination. These include but
are not limited to: (a) Title VI of the Civil Rights Act of ~g64 (P.L. 88-35z) which prohibits
discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of ~97z, as amended (zo U.S.C. ~68~-683, and X685-X686), which prohibits
discrimination on the basis of sex; and (c) Section 504 of the Rehabilitation Act of X973, as
amended (z9 U.S.C. 794), which prohibits discrimination on the basis of handicaps.
Signature and Title ofAuthorized Official Date
[e.g., Director, Board Chairman]
CERTIFICATION OF THE AVAILABILITY OF REQUIRED NON-FEDERAL MATCH
FOR SENIOR CENTER GENERAL PURPOSE FUNDING
4
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 7-1-4
It is understood that the following required z5 percent non-federal match will
be used to match Senior Center General Purpose funds in FY og-~o and will not
be used to match any other federal or state funds during the contract period.
The provider shall expend the award in keeping with the attached budget
sheet indicating how funding will be utilized. Funding will not be disbursed
until this application is received and approved by the Area Agency on Aging.
The contractor shall make a final report indicating how funding was utilized in a
format provided by the Area Agency on Aging.
FY'og-to
Total Grant Amount Allocated $ ~z,65z
Total Required i5% Match $ ~,z~8
Total Senior Center General Purpose $ X6,870
Authorized Signature:
Title: Director Airlie Gardens
Date: October z, zooA
STATE APPROPRIATIOINS FOR SENIOR CENTER BUDGET INFORMATION
STATE FISCAL YEAR zoo9-zoo
5
Board of Commissioners Meeting i nii oi~nno
1V/ ll/ LVVI 7-1-5
Organization Name: NHC Senior Resource Center
Senior Center Name: NHC Senior Resource Center
Address: zzzz South College Road
UVilmin~ton, NCz84o~
Period Covered: July zoog -June ~o, zoo Date Prepared: Oct. zoos
OBJECTS OF EXPENDITURE AMOUNT
Salary and Fringe Benefits $ X6,870
Supplies~Other Operating Costs
Equipment $
Capital Outlay (Real Estate, Construction,
Renovation) $
Other $
TOTAL BUDGET (Including local match) $ X6,870
Each organization that receives, uses or expends any state funds shall use or expend the funds only
for the purposes for which they were appropriated by the General Assembly or collected by the
State. State funds include federal funds that flow through the state. If the contractor is a
governmental entity, such entity is subject to the provisions of the requirements of OMB Circular A- ~33 and the NC Single Audit Implementations Act of ~g87. If the Contractor is anon-governmental
entity, such entity is subject to the provisions of G.S. ~q.3-6.z. Additionally, any non-governmental
entity except afor-profit corporation is subject to the provisions of OMB Circular A-~33•
AUTHORIZED SIGNATURE:
TITLE: N HC Assistant County Manager DATE:
6
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 7-1-6
1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
CONSENT
ITEM: $
DEPARTMENT: Tax PRESENTER(S): Roger L. Kelley
CONTACT(S): Roger L. Kelley
SUBJECT:
Approval of Release of Tax Value
BRIEF SUMMARY:
Request the following taxpayer's be granted the Senior Citizen Disability or Veterans Exemption:
(applications and letter explaining late filing available upon request):
Adams, Johnnie L. $ 66,635
Bahosh, Joseph $ 45,000
Boyd, Stephen G. $ 83,889
Cade, Thelma E. $ 51,621
Carrabis, Angelia $156,099
Carter, Carole $ 80,818
Lloyd, Craig $ 45,000
Criswell, Priscilla $ 45,000
DesGranges, Margaret $ 45,000
Dixon, Pauline $ 76,839
Dukes, Leroy $ 45,000
Eichorn, Juanita $ 57,268
Flowers, Glenn F. Etux. $169,787
Flynn, Harry $105,957
Gerganous, Isabell $ 45,000
Griffin, Katherine $ 75,758
Herrin, Lula $ 61,317
Hufham, Christopher $ 88,536
Lockfaw, Edna $ 96,731
Marshburn, Patricia $ 70,571
Martin, Joseph $ 45,000
McDuffy, Carol $104,015
Parrish, Madeline $ 85,359
Patrick, Franklin $ 78,450
Petteway, Deborah $ 53,931
Ramirez, Ernest $130,070
Russ, Denver, C. $ 62,687
Sellers, Thomas $109,136
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 8-0
Shaw, Betty $103,819
Sidbury, Herbert $102,035
Speidell, Jeanne $ 97,943
Suggs, Joe $ 76,063
Szuchan, John $109,638
Trotta, Gina $ 45,000
Watkins, Christine F. $ 65,052
Wiggins, Jacob E., Jr. $103,566
Wiggs, Ester P. $ 73,451
Request the following late list penalties be released as this was the taxpayer's first offense:
Connette, Edward G., Jr., Elizabeth $ 9.06
Interroll Manufacturing LLC 2,712.73
Jackson, Michael Allen 27.11
Landrover Cape Fear 170.43
Southern Loans, Inc. 4.91
Wilmington Dermatology Center 117.39
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 8-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
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,
2010.
10-067 -Health 10-069 -Health
10-070 -Finance
2010-24 -Sheriff's Office
2010-25 -Sheriff's Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed in the summary above.
ATTACHMENTS:
B/A 10-067
B/A 10-069
B/A 10-070
B/A 2010-24
B/A 2010-25
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-0
AGENDA: October 19, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-067
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-067 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Safe Kids
Ex enditure: Decrease Increase
Health De artment/Safe Kids/Child Passen er Safe
Su lies $200 Health De artment/Safe Kids/Fire Prevention Week:
Su lies 200
Health De t/Safe Kids/Safe Crossin s Pro ram:
Su lies 600
Total $1,000
Revenue: Decrease Increase
Health De artment/Safe Kids/Child Passen er Safet Grant -Local $200
Health De artment/Safe Kids/Fire Prevention Week:
Grant -Local 200
Health De t/Safe Kids/Safe Crossin s Pro ram: Grant -Local 600
Total $1,000
Section 2: Explanation
The New Hanover County Health Department has been awarded grant funds for the Safe Kids
Program to be used for National Child Passenger Safety Week, Fire Prevention Week, and the
Safe Crossings Program. These funds will be used to purchase educational materials for child passenger safety, fire prevention, safe railroad crossing initiatives, and training and/or travel
associated with the child passenger safety/safe crossing efforts. No matching County 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 10-067, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-1-1
AGENDA: October 19, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-069
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-069 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Epidemiology
Ex enditure: Decrease Increase
Health De artment/E idemiolo
Su lies $7,000
Total $7,000
Revenue: Decrease Increase
Health De artment/E idemiolo Grant-State Immunization Services $7,000
Total $7,000
Section 2: Explanation
The New Hanover County Health Department has received an additional $7,000 from the North
Carolina Department of Health and Human Services, Division of Public Health, to assist in
providing immunization services in the community. The funds are proposed for the purchase of equipment, such as, pharmaceutical refrigerators and supplies for vaccines. 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 10-069, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-2-1
AGENDA: October 19, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-070
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-070 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Departments: Emergency Management, Sheriffs Office, Planning Department, Health Department, Youth Empowerment Services, Senior Resource Center, Library and Cape
Fear Museum
Ex enditure: Decrease Increase Emer enc Mana ement:
Contracted Services - CC&PS Grant $53,348
Printin -EMPG Grant 400
Su lies -USAR Grant 4,800 Su lies -EMPG Grant 2,430
Safet E ui ment -USAR Grant 10,424
Safet E ui ment -USAR Grant 40,000
Sherriff s Office: Su lies -State Criminal Alien Assist $28,920
Trainin -State Criminal Alien Assist 4,545
Su lies -Pro' Info Tech DOT GHSP 1,683
Auto Su lies - LEL DOT GHSP 1,244 Trainin -LEL DOT GHSP 1,869
Ca ital Outla -LEL DOT GHSP 6,000
Cell Phone -Safe Nei hborhood 617
Su lies -Safe Nei hborhood 34 Uniforms -Safe Nei hborhood 140
Plannin De artment:
Tem ora Salaries - CAMA Land Use Plan $1,029 Contracted Services -CAMA Land Use Plan 1,471
Contracted Services - Ea le Point Pro'ect 14,149
Posta e -CAMA Land Use Plan 1,000
Printin -CAMA Land Use Plan 1,411
Printin - Ea le Point Pro'ect 1,200 Su lies -CAMA Land Use Plan 3,784
Su lies - Ea le Point Pro'ect 1,400
Trainin - Ea le Point Pro'ect 1,500
Health De artment:
Salaries -Tick Control $6,000
Su lies -Tick Control 9,000
Contracted Services -Good She herd 7,000 Cell Phone -Good She herd 520
Su lies -Good She herd 9,691
Su lies -Good She herd Ministries 6,586
Dues & Subscri bons -Good She herd 200 Em to ee Reimb -Good She herd 500
Contracted Services - Colonosco 2,832
Salaries -Men's Health Preventive 4,818
Tem ora Salaries -Men's Health Prev $802
FICA -Men's Health Preventive 307 Retirement -Men's Health Preventive 57
Medical Insurance- Men's Health Preventive 1,470
LTD Insurance -Men's Health Preventive 10
Contracted Services -Men's Health Prev 8,884 Posta e -Men's Health Preventive 200
Printin -Men's Health Preventive 400
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-3-1
Health De artment continued Su lies -Men's Health Preventive $3,912
Su lies - Ministeren Circle 2,000
Em to ee Reimb -Men's Health Preventive 200
Su lies -Health Carolinians 1,314
Su lies -Safe Kids 1,465 Su lies -WIC Food Packa e 8,004
Em to ee Reimb -WIC Food Packa e 50
Su lies -Bab Love MOD 7,081
Su lies -Prenatal Diabetic 7,272 Contracted Services - Glaxosmithkline 887
Su lies - Glaxosmithkline 1,566
Su lies -Asthma 11,942
Youth Em owerment Services:
Salaries - Pro'ect YOU $21,356
FICA - Pro'ect YOU 1,734
Retirement - Pro'ect YOU 1,818 Medical Insurance - Pro'ect YOU 10,257
LTD Insurance - Pro'ect YOU 75
Contracted Services - Pro'ect YOU 1,807
Senior Resource Center: Tem ora Salaries - Cham McDowell $6,000
Tem ora Salaries -SHIIP Grant 1,081
FICA -SHIIP Grant 5 82
Posta e -SHIIP Grant 519 Su lies -SHIIP Grant 390
Volunteer Reco ninon -SHIIP Grant 234
Libra Com uter Su lies - SOLINET Gates $3,900
Ca e Fear Museum:
Contracted Services -Grassroots Science $18,516 Admin Reserve -Grassroots Science 153,684
Contracted Services - IML5 100,000
Total $802 $609,519
Revenue: Decrease Increase
Emer enc Mana ement:
USAR Grant $4,800
CC&PS Grant 53,348 USAR Grant 10,424
EMPG Hurricane Drill 2,830
USAR Grant 40,000
Sheriff s Office:
State Criminal Alien Assist $33,465
LEL DOT GHSP 9,113
Traffic Enforcement 26,996 Pro'ect Info Tech DOT GHSP 832
Safe Nei hborhood Anti-Gan 12,089
Plannin De artment:
CAMA Land Use Plan $8,695 Ea le Point Pro'ect 18,249
Health De artment:
Tick Control $15,000 Good She herd Ministries 6,586
Good She herd 17,911
CFMF - Colonosco 2,832
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-3-2
Health De artment continued CFMF -Men's Health Preventive $19,456
Ministerin Circle 2,000
Health Carolinians 1,314
Safe Kids Annual 1,465
WIC Food Packa e Pro ram 8,054 Bab Love MOD 7,081
CFMF -Prenatal Diabetic 7,272
Glaxosmithkline Award 2,453
NC Asthma Pro ram 11,942
Youth Em owerment Services:
JCPC Administration $38,899
JCPC Teen Court $38,899 Pro'ect YOU - GCC 37,047
Senior Resource Center:
SHIIP Grant $2,806 Cham McDowell Davis 6,000
Libra
LSTA Technolo $25,200
SOLINET Bill & Melinda Gates $3,900
Ca e Fear Museum:
Grassroots Science $610
IML5 Grant $100,000
Commissioners:
A ro riated Fund Balance $160,567
Total $64,709 $673,426
Fund: Fire Services
Department: Operations
Ex enditure: Decrease Increase
Fire Services 0 erations:
Salaries - FEMA Assist to Firefi hters $31,755 Salaries -FEMA SAFER 37,513
Tem ora Salaries -FEMA Assist to Firefi 15,375
FICA -FEMA SAFER 2,870
Retirement -FEMA SAFER 1,834 Medical Insurance -FEMA SAFER 8,013
LTD Insurance -FEMA SAFER 101
Trainin -FEMA Assist to Firefi hters 12,000
Total $109,461
Revenue: Decrease Increase
Fire Services 0 erations:
FEMA Assistance to Firefi hters $43,734 FEMA SAFER 42,782
Commissioners:
A ro riated Fund Balance $22,945
Total $109,461
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-3-3
Fund: Sheriff JAG Department: JAG 2008
Ex enditure: Decrease Increase
Sheriff JAG: Com uter Su lies -Sheriff JAG $2,245
Total $2,245
Revenue: Decrease Increase
Sheriff JAG:
JAG 2008 Grant $2,245
Total $2,245
Fund: Park and Recreation Bonds
Department: County Projects
Ex enditure: Decrease Increase
Coun Projects:
River Road Park - CAMA Access Grant $18,975
Total $18,975
Revenue: Decrease Increase
Coun Projects: CAMA Access Grant -River Road Park $18,975
Total $18,975
Section 2: Explanation
To rollover unexpended grant funds from FY09 to FY10. The amounts should be added to each
appropriation as it appears in the budget ordinance in order to account for the payment against the fiscal
year in which it is paid (adopted in the Budget Ordinance for FY09-10 dated June 22, 2009).
Section 3: Documentation of Adoption:
This ordinance was approved as part of the budget adoption process. It is being presented now for
your information.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-070, amending the annual budget ordinance for the fiscal year ending June 30, 2010 was approved with adoption of FY09-10 budget.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-3-4
AGENDA: October 19, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010-24
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2010-24 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriff s Office
Ex enditure: Decrease Increase
Controlled Substance Tax:
Su lies $3,355
Total $3,355
Revenue: Decrease Increase
Controlled Substance Tax: Controlled Substance Tax $3,355
Total $3,355
Section 2: Explanation
To budget receipt of $1,195 Controlled Substance Tax Funds received on 10/6/09 and $2,160
received on 6/17/09 from the sale of vehicles on GovDeals.com. 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 2010-24, amending the
annual budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-4-1
AGENDA: October 19, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010-25
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2010-25 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriff s Office
Ex enditure: Decrease Increase
Federal Forfeited Pro e
Su lies $5,324
Total $5,324
Revenue: Decrease Increase
Federal Forfeited Pro e Federal Forfeited Pro e $5,324
Total $5,324
Section 2: Explanation
To budget receipt of $5,324 on 6/17/09 from the sale of vehicles on GovDeals.com and to correct
a previous entry found not to be Federal Forfeited Property funds. 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 2010-25, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 9-5-1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 10
DEPARTMENT: Human Resources PRESENTER(S): County Commissioners, Bruce Shell
CONTACT(S): Libby Moore
SUBJECT:
Presentation of Employee Service Awards and Introduction New Employees
BRIEF SUMMARY:
FIVE (5) YEARS
Dustin Baker, Sheriff's Office
Jeremy Brewer, Sheriff's Office
Rozann Burdick, Department of Social Services Adrian Faircloth, Fire Services
Scott Herring, Fire Services
Wanda Moore, Tax Department
Amanda Scott, Public Safety Communication
Lizabeth Sykes, Public Safety Communication
Scott Wyland, Fire Services
TEN (10) YEARS
Gregory Benton, Property Management
William Conyers, Property Management
Jonathan Hart, Sheriff's Office
Carmen Larkins, Health Department Brian Williamson, Sheriff's Office
FIFTEEN (15) YEARS
David Brunson, Property Management
Judy Evonko, Health Department
TWENTY (20) YEARS
Cecil Gurganious, Sheriff's Office
Karen Law, Tax Department
Travis Robinson, Sheriff's Office
TWENTY-FIVE (25) YEARS
Jamie Kilgore, Health Department
NEW EMPLOYEES
Gail Carelli, Department of Social Services
Ashley Freeman, Sheriff's Office Zoa King, Public Safety Communication
Anthony Perkins, Sheriff's Office
Jennifer Stanch, Risk Management
Sarah Woods, Public Safety Communication
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 10-0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Present service awards and recognize new employees.
COMMISSIONERS' ACTIONS:
Presented service awards and recognized a new employee.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 10-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 11
DEPARTMENT: County Manager PRESENTER(S): Frankie Roberts
CONTACT(S): Commissioner William A. Caster
SUBJECT:
Presentation of Plaques and Certificates for Participation in the 2009 Summer Youth Employment
Program by LILAC, Inc.
BRIEF SUMMARY:
Frankie Roberts, Executive Director of Leading Into New Communities (LING, Inc.) will update the Board
on the participation of six County departments in the 2009 Summer Youth Employment Program. The
following departments will be recognized: Engineering, Fire Services, Health, Human Resources, Social Services and Tax.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation and present plaques and certificates.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation and present plaques and certificates.
COMMISSIONERS' ACTIONS:
Heard presentation and recognized plaque and certificate presentations.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 11-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 12
DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Jimmy Pierce
CONTACT(S): Chris Coudriet
SUBJECT:
Consideration of Lights On Afterschool Day Proclamation
BRIEF SUMMARY:
Jimmy Pierce is the Director of Kids Making It, Inc. He requests the Board to consider adopting a
proclamation to recognize October 22, 2009 as "Lights On Afterschool Day" in New Hanover County.
Mr. Pierce will share information on the Kids Making It "Lights On Afterschool Day" event planned from 4:00 to 7:00 p.m. on October 22, 2009. There will be an open house at their shop showcasing the program, a
new dvd and new computer-driven woodworking equipment with some of the older kids demonstrating their
work. A flyer with additional information is attached.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the Proclamation.
ATTACHMENTS:
Lights on Afterschool Day Proclamation
Kids Making It flyer
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 12-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
LIGHTS ON AFTERSCHOOL DAY
PROCLAMATION
WHEREAS, the citizens of New Hanover County stand firmly committed to quality afterschool
programs and opportunities because they:
• Provide safe, challenging, engaging and fun learning experiences to help children and youth
develop their social, emotional, physical, cultural and academic skills
• Support working families by ensuring their children are safe and productive after the regular
school day ends
• Build stronger communities by involving our students, parents, business leaders and adult
volunteers in the lives of our young people, thereby promoting positive relationships among
children, youth, families and adults
• Engage families, schools and diverse community partners in advancing the welfare of our children; and
WHEREAS, the Kids Making It Woodworking Program has provided significant leadership in the
area of community involvement in the education and well-being of our youth, grounded in the
principle that quality afterschool programs are key to helping our children become successful adults;
and
WHEREAS, Lights On Afterschool, a national celebration of afterschool programs promotes the
critical importance of quality afterschool programs in the lives of children, their families and their
communities; and
WHEREAS, more than 28 million children in the U.S. have parents who work outside the home, and
14.3 million children have no place to go after school; and
WHEREAS, many afterschool programs across the country are facing funding shortfalls so severe
that they are being forced to close their doors and turn off their lights.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 22, 2009 be recognized as "Lights On Afterschool Day"; and be it
further resolved that we enthusiastically endorse "Lights On Afterschool" and commit our
community to engage in innovative afterschool programs and activities that ensure the lights stay on
and the doors stay open for all children after school.
ADOPTED this the 19th day of October, 2009.
NEW HANOVER COUNTY
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
111V/ ll/1LV1VJ 1~ - 1 - 1
r
9/17/09
On October 22, 2009, will participate in the 10th annual Lights On
Afterschool, a nationwide celebration of afterschool programs, an initiative supported by
the national Office of Juvenile Justice and Delinquency Prevention. We will be one of
more than 7,500 sites across the nation sending the message that afterschool is key to
children's success, and that we must keep the lights on and doors open for afterschool
programs nationwide. Politicians, government officials, media, employers, neighbors,
school officials and others have been invited to help us rally support for safe, stimulating afterschool programs.
We would like you to be part of our local celebration scheduled for:
Date & Time: Oct 22, 2009, 4:OOpm - 7:OOpm
Place: Woodworking Shop & Store
15 South Water St, Wilmington, NC 28401
910 - 763 - 6001
Our Lights On Afterschool Event will include:
■ Special quest speakers
■ A tour of our woodworking shops, art studio and retail store
■ Woodworking Demos performed by some of our KIDS
■ Announcement of the Winners of our Battleship Teak project design competiton
■ Food & Drink from local restaurants
■ Presentation & sale of some special green products made especially for this event
■ Premier viewing of our video - "Kids Making It -The Turning Point"
■ Raffles
So please keep the date open, and join us for the first of what we hope will become an
annual event for us, showcasing our unique, national award winning afterschool
program, and the need to keep programs such as ours running. The benefits of quality
afterschool programs are clear: They support working families by ensuring that children are safe and productive when the school day ends. Quality afterschool programs make
our communities stronger by involving students, parents, business leaders and volunteers.
Quality afterschool programs give children the opportunity to discover hidden talents as
they grow academically and socially. We look forward to having you join us for Lights
On Afterschool. We will send email invites closer to the event date. We hope that you
will help us keep the lights on afterschool, and give our children a brighter future.
Sincerely,
Jimmy Pierce, Program Director, and the kids, staff, and volunteers of
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 12-2-1
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 12-2-2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 13
DEPARTMENT: DSS PRESENTER(S): Wanda Marino, LaVaughn Nesmith
CONTACT(S): Wanda Marino
SUBJECT:
Consideration of Adoption Awareness Month Proclamation
BRIEF SUMMARY:
November is Adoption Awareness Month. We are asking for approval of the attached proclamation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Adoption Awareness Month Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 13-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ADOPTION AWARENESS MONTH
PROCLAMATION
WHEREAS, children are our greatest resource and the brightest hope for the future of our state and nation; and
WHEREAS, the family is the cornerstone of our society, the unit by which we transmit the values and
traditions of the past, and is the primary agent which prepares our children to become productive citizens;
and
WHEREAS, every child, regardless of physical, medical or emotional disabilities, age or race, deserves a
permanent, caring family and the opportunity to grow in a secure environment; and
WHEREAS, adoption is a loving and viable way of building a family and providing stability for children who need families; and
WHEREAS, birth parents who make the difficult decision to place their children with adoptive families,
adoptive parents who open their hearts and homes to children, as well as social workers, advocates, and
judges who all work tirelessly toward permanence for every child, all deserve community support and
respect; and
WHEREAS, Adoption Awareness Month is a time for all Americans to reflect on the dreams of those
children who wait for a permanent family, and those families who desire the joys and responsibilities of
parenthood; 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 2009 be recognized as "Adoption Awareness Month" in New Hanover County. The
Board thanks all adoptive mothers and adoptive fathers for their commitment to children. Further 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 condition or past distress.
ADOPTED this the 19th day of October, 2009.
NEW HANOVER COUNTY
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 13-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 14
DEPARTMENT: County Manager PRESENTER(S): David F. Weaver, Assistant County Manager
CONTACT(S): David F. Weaver, Assistant County Manager
SUBJECT:
Consideration of Funding a Feasibility Study for New Hanover County to Assume Responsibility of
Beach Renourishment Activities
BRIEF SUMMARY:
The Ports, Waterway, and Beach Commission (PWBC) at its September 30 meeting, voted unanimously to
recommend to the Board of County Commissioners to fund the above feasibility study, as described in the
attached draft Request for Qualification (RFQ). This study would explore alternative funding and implementation strategies for the three federal beach renourishment projects in the County, given the present
difficulties in obtaining regular federal funding and long-term authorizations.
This study would be funded through the Room Occupancy Tax Fund. The product of this study would be an
evaluation of the potential for the County to seek permitting and fund its own beach renourishment projects.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request consideration and approval of the proposed feasibility study for beach renourishment activities.
ATTACHMENTS:
Draft RFQ
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider request.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 14-0
New Hanover County
230 Government Center Drive
Suite 195
Wilmington, North Carolina 28403
910-328-1349
November, 2009
Memo to: Qualified Coastal Engineering/Consulting Firms
From: Bruce Shell, County Manager
Subject: Request for Qualifications - Feasibility of New Hanover County Developing
the Capability to Assume Partial or Complete Responsibility for Federal Storm Damage
Reduction Projects
1. Introduction. New Hanover County wishes to conduct a feasibility study to explore
alternative funding/implementation procedures for three federal storm damage reduction
projects located in the county.
Federal storm damage reduction projects are located along the ocean shorelines of
Wrightsville Beach, Carolina Beach, and Kure Beach. The Wrightsville Beach project
was initiated in 1964 but reauthorized by Congress in 1986. The 1986 reauthorization
extends possible federal participation in the project until 2036. The Carolina Beach
project was also initiated in 1964 but without additional Congressional action, federal
funding support will expire in 2014. Initial construction of the Kure Beach project
started in 1997 with federal participation scheduled to expire in 2047.
Periodic nourishment of the Wrightsville Beach proj ect occurs approximately every 4
years and is performed in conjunction with a sand bypassing operation in Masonboro
Inlet. The 1986 feasibility study that resulted in the reauthorization ofthe Wrightsville
Beach project attributed 46% of the erosion on Wrightsville Beach to the Masonboro
Inlet navigation project, specifically, the dual j etty system installed to stabilize the
channel. As a result, federal operation and maintenance (0&M) funds are used to pay for
46% of the nourishment requirements on Wrightsville Beach with the 54% balance
coming from the federal construction general account, the State of North Carolina, and
New Hanover County. Historically, the Corps of Engineers (USAGE) has been able to
coordinate funding for both project purposes, i.e., navigation maintenance (sand
bypassing} and periodic nourishment, so that both projects can be accomplished under
one construction contract. The combined navigation maintenance/beach nourishment
operation has resulted in substantial cost savings through the sharing of mobilization and
demobilization costs. The next periodic nourishment/sand bypassing operation for
Wrightsville Beach and Masonboro Inlet is scheduled for 2010.
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Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 14-1-1
Periodic nourishment for the Carolina Beach project is performed approximately every 3
years with material removed from a sediment trap in the throat of Carolina Beach Inlet.
The next periodic nourishment is scheduled for 2009.
Nourishment of the Kure Beach proj ect is also on a three-year cycle with the next
nourishment scheduled for 2009 or the same year as Carolina Beach. Periodic
nourishment material for the next operation will likely come from an offshore borrow
area located approximately 2 miles directly offshore of the center of Kure Beach. This
particular borrow area was used during initial construction and for periodic nourishment
carried out in 2004 and 2007. The first periodic nourishment operation, accomplished in
2001 used material removed from the lower Cape Fear River during construction of a
deep draft navigation channel for the Wilmington Harbor Navigation Project.
The nourishment operation for Kure Beach scheduled for 2009 could possibly be
accomplished using material removed from the Wilmington Harbor navigation channel
providing there is sufficient volume of material with size and physical characteristics
compatible with the beach material. In any event, the county wishes to keep the channel
maintenance material as an option for future nourishment of the Kure Beach project.
The offshore borrow area located immediately offshore of Kure Beach will eventually be
exhausted necessitating the identification of alternate borrow sources to support the
project for the 40 years.
2. Problem Statement. New Hanover County is becoming increasingly concerned with
the difficulty in obtaining federal funding for nourishment of the three projects and wants
to evaluate options for nourishing the projects in the event federal funding assistance is
not available or inadequate.
3. Proiect Scope. A report will be prepared and submitted to the County Manager
addressing the feasibility of New Hanover County assuming permitting and partial or
complete financial responsibility for periodic nourishment of the three shore protection
projects in the event of insufficient federal funding.
a Permittin .The feasibility report shall include a detailed assessment of the Federal
and State permitting requirements that would be necessary for the County to perform
periodic nourishment. This assessment shall include estimates of the time and costs
involved in obtaining the permits and detail the additional information that will be needed
to support the permit applications.
The assessment of the time and cost to obtain Federal and State permits shall not be
limited to simply continuing the existing federal periodic nourishment program but shall
include time and costs to explore alternatives to improve the performance of each project
and their cost effectiveness.
As a point of emphasis, the feasibility report will only include an assessment of the time
and costs for obtaining the necessary permits. If the County elects to pursue the matter
farther, a new RFQ will be issued for the necessary permitting action.
2
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 14-1-2
(b} Monitoring. Of critical importance to the County are possible monitoring
requirements that could be imposed should the County, in the interim period of no federal
funding, take over periodic nourishment. The existing Federal projects have no such
monitoring requirements.
(c) Borrow Sources. The report shall include an evaluation of existing and potential
sources of borrow material that will be needed to satisfy periodic nourishment
requirements for at least 30 years. Included in this assessment shall be estimates of the
costs that would be incurred by New Hanover County for characterizing existing borrow
sites and locating and characterizing other potential borrow sources. The costs for
characterizing the borrow sources should be based on the level of investigations needed
to meet the State of North Carolina sediment compatibility standards detailed in 1 SA
NCAC 07H .0312.
(d) Coordination with USAGE. The report shall include an assessment of the type of
agreement needed to allow the County to partner with the USAGE during the Masonboro
Inlet sand bypassing operation as well as obtain nourishment material from maintenance
of the Wilmington Harbor Navigation Project. The report should also address
mechanisms to utilize our permits and additional non federal funding to work in
conjunction with nourishment projects that are partially funded and contracted by the
USAGE to insure complete nourishment projects.
(e) Cost Estimates. An opinion on the cost of periodic nourishment for all three projects
over the next 30 years shall be included in the report. The opinion on cost shall include
the impacts of partnering with the USAGE as described above.
Fundin Options. The three Federal storm damage reduction projects presently have
Project Cooperation Agreements (PCA's) that spell out responsibilities and operational
requirements of the sponsoring towns as well as the USAGE. The report shall determine
impacts on the PCA's should the County assume interim or partial responsibility for
periodic nourishment of the projects.
The report will evaluate room occupancy tax (ROT) projections for New Hanover County
and commitments by the State of North Carolina to share in the cost of beach
nourishment for the three projects.
4. Selection Responsibility. The New Hanover County Board of County
Commissioners has the ultimate responsibility for selecting the best qualified firm/team
and entering into a contract for services. However, an Evaluation Committee will review
submissions, interview and make a recommendation to the Board of Commissioners. The
criteria to be used by the Committee in making the selection are as shown on Attachment
No. 1. The County Manager will coordinate the selection process for the Board of
County Commissioners. RFQ submissions are due at the New Hanover County
Government Office on 2009 at 4:00 p.m. Fees for professional services
and contract terms will be negotiated after identification of the best qualified firm/team.
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Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 14-1-3
The New Hanover Board of Commissioners will formally consider a contract with the
selected firm on 2010.
5. Work Program. The proj ect will be completed under the general direction of the
New Hanover County Board of County Commissioners and the County Manager. The
County Manager will be the point-of contact for all matters associated with this project
and formal communication will occur through the County Manager. The County
Manager will work with the selected firm/team to schedule briefings and meeting as
appropriate to keep the Board of County Commissioners informed and to seek their
guidance on critical issues as the project progresses.
6. Information Requested from Potential Firms. In order for your firm's submission
to be considered responsive, it must include the following, submitted in the order outlined
below:
a. A list of personnel, including outside consultants, assigned to the project.
b. Resumes of key personnel and outside consultants.
c. Hourly rates of all personnel, including outside consultants, assigned to the
project.
d. A list of similar projects completed by your firm. Each proj ect must identify:
i. a brief description of the project, including sufficient information to
ascertain the magnitude of the project.
11. the client with current phone number.
111. the original and final proj ect budget.
iv. the dates that various stages were completed.
v. the principal in the firm in charge of the project.
e. A statement of the firm's general understanding of the shoreline management
problems facing New Hanover County.
f. A description of the firm's or assigned personnel's past experience with and
knowledge of the dynamics of the New Hanover County beaches and the three
federal projects.
g. A statement about the firm's philosophy regarding the environmental impacts
of beach nourishment and inlet management projects.
h. A statement about the firm's past experience with the NEPA and NC SEPA
process.
i. A statement about the firm's approach to keeping the County's representatives
informed about the study progress.
j . A list of current or upcoming similar projects on the firm's schedule.
k. A concise response stating why this firm is the most qualified firm to perform
this work.
1.Other information that may help New Hanover County evaluate the firm's
qualification.
7. Other Pertinent Information. 7 copies of your qualifications statement must be
submitted to Mr. Bruce Shell, County Manager, New Hanover County, 230 Government
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Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 14-1-4
Center Drive, Suite 195, Wilmington, North Carolina 28403 no later than 4:00 p.m., day
of week, Month date, 2009, in order for it to be considered.
8. New Hanover County reserves the right to reject any and all proposals, negotiate with
the best qualified firm regarding fees and/or the scope of services, or postpone the
decision for an indefinite period. The Board County Commissioners will likely act on a
recommendation from the County Manager; however, proposals are submitted at the sole
risk of the firm making the proposal.
9. Questions concerning the scope of work for this project, or other questions related to
your firm's submission should be addressed to Mr. Bruce Shell, County Manager, at 910-
798-7184, or at bshellC~hcgov.com.
5
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 14-1-5
Attachment No. 1
EVALUATION FORM: FEASIBILITY STUDY - NEVV HANOVER COUNTY
ASSUMPTION OF PERIODIC NOURISHMENT OF FEDERAL STORM
DAMAGE REDUCTION PROJECTS
Proposals will be independently evaluated according to the following criteria by the New
Hanover County Evaluation Committee.
EVALUATION CRITERIA Value Assigned Value
I. Qualifications
A. Qualifications of the firm, individuals, and 20
subcontractors assigned to the project.
B. Education background and training.
C. Quality Control
II. Experience
A. Recent experience in similar work.
B. Meeting time and budget constraints.
C. Previous contracting experience with
governmental entities similar to New
Hanover County. 20
D. Demonstration minimization of change
orders.
E. Litigation experience.
F. Largest dollar amount project.
G. Number of proj ects at this time.
III. Capabilities
A. Current and proj ected workload; ability and
capacity to perform services in a timely manner.
B. Familiarity with New Hanover County 50
projects.
C. Approach to the work required.
D. Contractual relationship with local firms.
E. Any other additional information regarding
firm's capacity.
IV. Proximity of the firm's office to New 5
Hanover County
V. Minority Business
A. Certified minority -Assign value of 5
B.Non-Certified -Assign value of 0
Signature of Chairman Signature of Member
Signature of Member Signature of Member
6
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 14-1-6
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 15
DEPARTMENT: County Manager PRESENTER(S): Bill Bryden
CONTACT(S): Bruce T. Shell
SUBJECT:
Presentation on Proposed Wilmington Trolley System
BRIEF SUMMARY:
Bill Bryden is the Chair of an Ad-Hoc Trolley committee created by the Wave Transit Board. Mr. Bryden
will present an introductory briefing on the Wilmington Trolley initiative.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 15-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 16
DEPARTMENT: DSS PRESENTER(S): Wanda Marino, LaVaughn Nesmith, Janet
McCumbee
CONTACT(S): Wanda Marino
SUBJECT:
Presentation of Community Child Protection Team Annual Report and Appointment of Members
BRIEF SUMMARY:
N.C. General Statute requires that a report be made annually to the Commissioners regarding gaps in services
that are not available to children as well as achievements of the Community Child Protection Team (CCPT).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the report and approve the appointment of the law enforcement officers and five additional members
as recommended.
ATTACHMENTS:
Community Child Protection Team Annual Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Accepted the report 5-0. Approved the recommended appointments 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 16-0
E~ ' "~j COMMUNITY CHILD PROTECTION TEAM
New Hanover County
~ 1650 Greenfield Street MlVi lil! °~k~RTV~~ P.O. Drawer 1559
Wilmington, NC 28402
Telephone (910) 798-3476 Fax (910) 798-3491
September 16, 2009
Mr. Ted Davis, Chairman
New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175
Wilmington, NC 28403
Dear Mr. Davis:
This report is being submitted by the New Hanover County Community Child Protection Team (COPT) in
order to meet state law that was established in response to Executive Order 142 in May 1991. The duties and responsibilities of CCPT were adopted as North Carolina Administrative Cade 41 L0400. The original
purpose and composition of the team were further formalized and expanded by G.S. 7B 1406, effective July
1, 1993. This annual report is vital to the overall productivity of CCPT and represents a formal mechanism far our team to inform the county about child protection needs.
The Community Child Protection Team is composed of agency representatives, child advocates and
citizens at-large who take action to identify and address gaps ar deficiencies in services and resources through several avenues, one which is the annual report to the Board of County Commissioners. It is a
community team, not a Department of Social Services team.
Law mandates specific membership on the CCPT. In addition to the members mandated by law, up to five additional members may be appointed by the Board of County Commissioners. It also gives the Board
authority to appoint local law enforcement officers. We ask that you appoint Lisa Savitts, New Hanover
County Sheriff s Office, and Teresa Fountain, Wrightsville Beach Police Department. The CCPT further recommends that the fallowing five individuals be appointed: Elizabeth Mandel, Child Advocacy and
Parenting Place Exchange Club Center; Judge Jay Corpening, Chief District Court Judge; Mary Ann Lama,
Domestic Violence Shelter and Services, Inc.; Robert Speight, Department of Juvenile Justice and Diana
Woolley, citizen-at-large.
In New Hanover County our CCPT is comprised of two teams. One team, composed of case workers,
meets monthly to review selected cases in which abuse, neglect or dependency has been found and barriers or gaps in services have been identified. This team may also review other types of cases with identified
needs which impact on child protection within the community. Additionally, we have maintained our
quarterly department head team meeting. This team specifically discusses gaps and deficiencies identified
by the monthly CCPT meetings and fatality reviews in service delivery to our children.
To completely address the child protection sequence, the CCPT gathers information from all case reviews
and quarterly meetings and then reports this information to the Board of County Commissioners an an annual basis. The team also promotes child safety through community education and by alerting legislators
about the need for changes in laws.
The Community Child Protection Team is in a unique position to encourage community-wide involvement
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 16-1-1
in the prevention of abuse and neglect and in the protection of children at risk. We have an opportunity to identify and respond to gaps in the prevention/protection service network, maximizing the use of limited
resources through creative approaches to local issues,
As charged by general statute, our CCPT membership has identified numerous gaps/needs in service
delivery to our children and recommends the following,
{A} Increase the number of therapeutic faster homes in New Hanover County to address the increase of special needs for children, especially children 12 years of age and older,
(B} Continue to address the monumental issues associated with mental health reform.
Specifically, we have identified a need for more qualified mental health providers, including Spanish speaking therapists, especially related to substance abuse issues and
treatment. Also, we desperately need mental health providers that are equipped to serve
children or youth with extensive developmental delays who also exhibit sexualized
behaviors. {C} Support funding to The Carousel Center for Abused Children, which provides a
multidisciplinary approach to addressing the needs of children who are victims of physical
and sexual abuse. They conduct forensic interviews and provide medical evaluations and treatment services. In 2008, they served 106 New Hanover County children.
(D) Support funding to the Rape Crisis Center of Coastal Horizons and Domestic Violence
Shelter and Services, Inc. to ensure adequate services and community education regarding
sexual assault and domestic violence issues facing children. (E) Provide financial and continue programmatic support to the Gang Task Force in its efforts
to prevent and reduce youth involvement and gang activity; and to educate the community
regarding youth involvement with gangs and illegal activity. {F) Increase affordable housing options to families to prevent child homelessness andlor
displacement of children from their families. Additionally, we have limited shelter
accommodations, especially for intact families, in New Hanover County. Many individuals
who utilize these resources live outside of our county and our state. (G} Provide ongoing education to all medical professionals/providers regarding the necessity of
reporting sus ected child abuse and neglect and the need for timely reporting.
(H) Lobby for additional/enhanced funding for the Child Medical Examiner Program to allow
the community to successfully recruit a sufficient number of qualified professionals to perform exams associated with abused and neglected children.
{I) Lobby for legislation and funding to ensure that all undetermined andlor questionable
deaths of children are assured a comprehensive review that begins with an autopsy performed by a pediatric pathologist.
(J} Provide essential services for undocumented individuals. Our county is charged with the
safety of ALL children, regardless of citizenship.
(I~} Provide community awareness and education regarding methadone treatment programs and when individuals involved in these programs should/should not provide care for children.
{L} Advocate far appropriate resources to address the placement needs of abused, neglected or
dependent youth, l 6-18 years of age, who have been charged with a crime, incarcerated and released on band.
The CCPT would appreciate your consideration of the identified service delivery needs throughout the
upcoming fiscal year. In an attempt to da our part in addressing these barriers, our CCPT has accomplished the fallowing throughout 2008.
{A) Members of our CCPT partnered with the LAPP Center and were awarded a grant from PREVENT (Preventing Violence through Education, Networking and Technical
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 16-1-2
Assistance) in the amount of $Sa,aOa. The grant provides an intensive six month training to enhance leadership in child maltreatment prevention and will produce a comprehensive
primary prevention program plan to cover a five year period.
(B} Co-sponsored a community forum in April 2008 entitled, The Substance Abuse -Child Abuse Connection: It's a Ripple Effect, which focused an substance abuse and its ultimate
impact on children and families.
(C) Continued important education to the community on Safe Surrender law. Created and
produced a PSA on WECT providing public awareness of this law through funding from the Landfall Foundation.
(D) Sponsored a Flower Launch during Child Abuse Awareness Month {April 2008) in
recognition of all agencies and professionals who work tirelessly to keep children safe.
(E} Secured a grant that funded the distribution of billboards throughout the county an the responsibility of reporting child abuse and neglect and highlighting the various agencies to
whom the public may report or call for information.
(F} Collaborated with Adult Probation staff to identify and address gaps in services for the increasing issues when dealing with 16-18 year old youth who maybe deemed both minors
and adults in the North Carolina legal system.
(G) Partnered with Animal Control. staff on the correlation between abuse of animals an d
children and how to strengthen our working relationship.
A key element for the success of our efforts through the Community Child Protection Team is recognizing
that child protection is the responsibility of everyone. We invite your input and response to our report as you join us in a united effort to protect the children of New Hanover County.
Sincerely,
~ ~ x
Janet McCumbee
Chair New Hanover County
Community Child Protection Team
LaVaughn Nesmith
Director New Hanover County
Department of Social Services
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 16-1-3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 17
DEPARTMENT: Parks PRESENTER(S): Neal Lewis
CONTACT(S): Andre Mallette, Neal Lewis
SUBJECT:
Consideration of Proposed Amendments to the Language of the Legion Stadium Interlocal Agreement
with the City of Wilmington
BRIEF SUMMARY:
The Legion Stadium Commission, which includes Commissioners Caster and Thompson, proposes
amendment to the Interlocal Agreement governing the facility. The changes are outlined in the attached
"Revisions to the Interlocal Agreement Relating to the Athletic Facilities Between the City of Wilmington and New Hanover County." This action requires approval by the County and the City of Wilmngton. The
City of Wilmington will consider approval of the amended language at its October 20, 2009, meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve amended language of the Interlocal Agreement for Legion Stadium.
ATTACHMENTS:
96 Agreement Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider amended language.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 17-0
REVISIONS TO THE INTERLOCAL AGREEMENT RELATING TO ATHLETIC
FACILITIES BETWEEN THE CITY OF WILMINGTON
AND NEW HANOVER COUNTY
Legion Stadium Commission Meeting, September 3, 2009
HISTORY AND INTENT
Legion Sports Complex is a public assembly facility owned and operated by the City of
Wilmington. The athletic fields at Legion have traditionally been used by New Hanover
High School as the home venue for scholastic athletic events. Additionally, the venues
at Legion are operated for the recreation and entertainment needs of the people of
Wilmington, and are provided as venues for performances, programs, exhibitions,
athletic events and other activities that are in the interest of the community.
In 1996, a cooperative agreement relating to the use of city and school facilities was
executed that provided for the use of Legion's football/soccer field and baseball field
by the schools and the use of school athletic facilities by the City for implementation of
its youth and adult recreation leagues.
At the time the agreement was executed, scholastic athletic contests taking place at
Legion facilities included football, soccer, and baseball. In acknowledgement that
schools continue to introduce new varsity sports, and in acknowledgement that
private use of the facility is a valued component toward the sustainability of Legion,
and in acknowledgment that maintaining a predetermined carrying capacity on the
stadium field is a critical determinant of the current and future health of the field, and
recognizing that replacement of turf due to wear and tear is determined by availability
of budgeted funds, the following amendments to the 1996 interlocal agreement are
suggested:
AMENDMENTS
1. The parties agree that up to 70% of the annual total usage of Legion's Stadium Field and Hardee Baseball Field be allocated to New Hanover High School
(based upon usage rates of the past 10 years) not to exceed 38 Legion Stadium
uses and 70 Hardee Field uses per calendar year unless written authorization is
obtained from the Legion Stadium Commission. It shall be the school's
responsibility to assign which games will play on the stadium field.
2. The parties agree that schedules for New Hanover High School's Spring
scholastic athletic events be submitted to the City no later than the end of the
first week of January for the calendar year in which the games will be played
and Fall scholastic athletic schedules be submitted no later than July 1 of the
calendar year in which the games will be played. The parties agree that once
the schedules are in possession of the City, those game dates will take
precedence over any new requests to use the fields by private organizations.
3. The cost of periodic field repairs to the stadium field due to excessive wear and
tear shall be shared by the City and New Hanover County Schools. The Schools
1
Board of Commissioners Meeting ~ nn a~~nna
111V/ ll/1LV1VJ 1~ - 1 - 1
shall pay 70% of the cost of resodding damaged areas of turf. The City shall
pay 30% of the costs of resodding. The Schools annual payment for field
repairs shall be due December 1 during each year of the agreement.
4. In recognizing that the organization titled "Friends of Legion Stadium Complex"
is no longer active, the parties agree to replace that appointment to the Legion
Stadium Commission with an at-large position to be recommended by the City's
Appointments Committee and approved by the Legion Stadium Commission.
2
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 17-1-2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 1$
DEPARTMENT: Parks PRESENTER(S): Neal Lewis
CONTACT(S): Neal Lewis
SUBJECT:
Consideration of Acceptance of a Grant from the North Carolina Parks and Recreation Trust Fund
for the Development of Smith Creek Park
BRIEF SUMMARY:
The North Carolina Parks and Recreation Trust Fund Authority has awarded a matching grant in the amount
of $500,000 for the development of Smith Creek Park off Harris Road. The 93-acre park includes a 45-acre
lake, and will be developed with a 1.25-mile paved walking trail, boat launch area with pier, picnic and restroom building, playground, and 51-space parking area. The County has set aside $500,000 of the funds
generated through the sale of sand from digging the lake as the local match.This is a reimbursement grant
meaning that the County will appropriate the funds to complete the work and then receive the matching funds
upon inspection of the project by NCDENR. The project will be bid in early 2010, and should be completed
within 12-18 months. The County has three years from the time of the execution of the grant to complete the
project.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize Chairman Davis to sign the contract with the State of North Carolina to accept the $500,000 PARTF Grant for the development of Smith Creek Park and adopt the ordinance for budget amendment
2010-23.
ATTACHMENTS:
PARTF Presentation
Contract Number 2640
B/A 2010-23
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-0
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Contract Number 2640
STATE OF NORTH CAROLINA GRANTEE'S FEDERAL
COUNTY OF WADE IDENTIFICATION
NUMBER: ~*_***0324
North Carolina Parks and Recreation Trust Fund Project A regiment
Grantee; - County of New Hanover
Project Number: 2009 - 602
Projgict Titlgi: Smith Creek Park
Period Covered By This Agreement: 11/1/2009 to 10/31/2012
Project Scope (Description of Project}: Site preparation, boat ramp, fishin ier dock wa ' (79b0 Lin. Ft. roadwa g p lking trail
y, picnic shelter/restroom, tot lot, playground, site furinishings, si n landscaping, utilities, contingency g '
Project Costs: PARTF Amount $ 500, 000.00
Local Government Match $ 788,676.00
Conditions
The North 'Carolina. Department of Environment and Natural Resources hereinafter call
Department }and the County of New Hanover ere' ~ ed the ~ inafter referred to as Grantee) agree to comply
with the terms, promises, conditions, plans, specifications, estimates, procedures ro`ect r
maps, and assurances described in the North Carolina Parks and Recre ' p ~ P °posals, admlrustratlve rules and grant a lication which are atian Trust Fund (PARTF)
PP hereby by reference made a part of the PARTF grant contract and which are on file with the Division of Parks and Recreation. In addition the
Department and the Grantee agree to comply with the State of North Carolina's Terms and Candi '
listed rn Attachment A to this contract. Lions as
Now, therefore, the parties hereto do mutually agree as follows:
Upon execution of this grant agreement, the Department hereby promises, in considerati
pronuses by the Grantee herein, to obligate to the Grantee the rant am on of the hereby promises to efficientl and effectivel g ount shown above. The Grantee
Y y manage the funds zn accordance with the approved budget, to promptly complete grant assisted activities described above in a dili ent and rofe '
manner within the project period, and to monitor and report work erformance g p sslanal P .
The parties to this contract agree and understand that the payment of the sums s ecified in thi
rs dependent and contingent upon and subject to the ap ro nation allocati p s contract
P P on and avallab~lity of funds for this purpose to the Department.
1
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-1
Contract Number 2640
Eligible Project Costs and Fiscal Management
The PARTF grant amount must be matched on at least adollar-for-dollar basis by the Grantee. To be
eligible, project costs must be incurred during the contract period, be documented in the grant application, described in the project scope of this agreement, and initiated and/or undertaken after
execution of this agreement by the Grantee and the Department.
PARTF assistance far land acquisition will be based on the fair market value of real property or the
sales price, whichever is less. Value 'must be based upon an independent appraisal by a licensed appraiser holding a general or residential certification from the North Carolina Appraisal Board. The
Department shall review the appraisal as to content and valuation. Approval of appraised amounts rests
with the Department. The Grantee agrees to begin development on PARTF acquired land within five
(5} years of the date this contract is signed by the Department and Grantee in order to allow general public access and use.
Payment shall be made in accordance with the contract documents as described in the Scope of Work
(Attachment B}. Payment for work performed will be made upon receipt and approval of invoices}
from the Grantee documenting the costs incurred in the performance of work under this contract. Invoices may be submitted to the Contract Administrator quarterly. Final invoices must be received by
the Department within forty-five (45} days after the end of the contract period ar contract completion,
whichever occurs ftrst. Accounting retards should be based an generally accepted local government
accounting standards and principles. Records shall be retained for a period of five (5} years following
project completion, except that records shall be retained beyond a five (5} year period if audit findings have not been resolved. All accounting retards and supporting documents will clearly show the number
of the contract and PARTF project to which they are applicable. The State Auditor shall have access to
persons and records as a result of all contracts and grants entered into by state agencies and or political
subdivisions in accordance with General Statute 147-b4.7.
The Grantee agrees to refund to the Department, subsequent to audit of the project's financial records,
and casts disallowed or required to be refunded to the Department an account of audit exceptions.
Project Execution
The Grantee may not deviate from the scope of the project without approval of the Department. When
one of the conditions in the contract Changes, including but not limited to the project scope, a revised
estimate of Costs, a deletion ar additions of items, or need to extend the contract period, the Grantee must submit in writing a request to the Department for approval.
The Grantee shall be considered to be an independent contractor and as such shall be wholly responsible
for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or will secure at its own expense, all personnel required in performing the services under this
agreement. Such employees shall not be employees of, ar have any individual contractual relationship
with the Department.
In the event the Grantee subcontracts far any or all of the services covered by the contract:
2
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-2
Contract Number 2640
(a} The Grantee is not relieved of any of the duties and responsibilities rovided in this
cantract; P
{b} The subcontractor agrees to abide by the standards contained herein or to rovide such
information as to allow the Grantee to comply with these standards ~ and p (c} The subcontractor agrees to allow state and federal authorized representative's access to
any records pertinent to its role as a subcontractor.
In accordance with Executive Order 12549, Debarment and Suspension, 7 CR Part 3017 Se 3017.50, the grantee agrees not to subcontract with any vendors debarred or sus e ctlon
North Carolina and shall not knowin 1 enter into an 1 P nded by the State of
g Y y ower tier covered transactions with a person or vendor who is debarred, suspended or declared ineligible.
The Grantee shall not substitute key personnel assigned to the performance of this contract with approval by the Department's Contract Administrator. Neal Lewis is deli noted b out prior
personnel for purposes of this contract. The De artment desi g Y the Grantee as key P gnates John Poole, PARTF Grant Program
Manager as the Contract Administrator for the contract.
De artment Contract Administrator Grantee Contract Administrator
NC Department of Environment and Natural Resources County of New Hanover
Division of Parks and Recreation Attention: Neal Lewis
Attention: John Poole, Contract Administrator 230 Market St., Ste, 120 161 S Mail Service Center Wilmington, NC 28403
Raleigh, NC 27699-1615 Telephone: 910-798-7620
Telephone: 919-715-2662 Email: nlewis@nhcgov.com Email: John.Poole ncdenr. ov
The Grantee agrees to comply with all applicable federal, state and local statutor rovisians o
purchasing, construction, land acquisition, fiscal management and the envi Y P g veining ranment including but not
limited to the following:
North Carolina Archives and History Act; Prime A ricultural and Forest Lands N. C. Executi
x`96}; North Carolina Executive Order #16~ Local G ( vc Ordcr avernment Budget and Fiscal Control Act {G.S.
159}; Formal Contracts, Informal Contracts and Purchasing {G.S. 44A-26, G,S, 58-31 to 5 -
87-15, G.S. 133-1.1, G.S. 133-3, G.S, 133 Article 3, G.S, 136-28 8 40, G,S. 4$, and G.S. 143-128 to 143-135 Conflict ~4, G.S. 143 Article 3D, G.S. 143-
a of Interest (G.S. 14-234}; Americans With Disabilities Act of 1990 (P.L. 101-336}; N.C, State Building Code; and the North Carolina Environmental
(G.S. 113A-1 to G.S. 113A-12}, Sales Tax Refund G.S, 105-164 Policy Act ( .14}, and OMB Circular A-87 Cost
Principles for Local, State, and Indian Tribal governments,
The Grantee agrees it provides adrug-free workplace in accordance to the re uirements of
Free Workplace Act of 1988, CFR Part 3017,60D. q the Drug
The Grantee agrees to permit periodic audits and site inspections by the De artment to e progress m accordance with the approved project, includin a close-o p nsure work
completion. After project completion, the Grantee a ree g ut inspection upon project
g s to conduct grant cantract compliance inspections at least once every five (5} years and to submit a Department rovided ins ec
the Department, p p tlon report to
3
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-3
Contract Dumber 2640
The Grantee agrees land acquired with PARTF assistance shall be dedicated in perpetuity as a
recreation site for the use and benefit of the public, the dedication will be recorded in the deed of said
property and the property may not be converted to other than public recreation use without approval of the Department. The Grantee agrees to maintain and manage PARTF assisted development/ renovation
projects for public recreation use for a minimum period of twenty-five (25} years after project
completion.
The Grantee agrees to operate and maintain the project site so as to appear attractive and inviting to the public, kept in reasonably safe repair and condition, and open for public use at reasonable hours and
times of the year, according to the type of facility and area.
The Grantee shall agree to place utility lines developed with PARTF assistance underground.
If the project site is rendered unusable for any reason whatsoever, the Grantee agrees to immediately
notify the Department of said conditions and to make repairs, at its awn expense, in order to restore use
and enjoyment of the project by the public.
The Grantee agrees not to discriminate against any person on the basis of race, sex, color, national origin, age, residency or ability in the use of any property or facility acquired or developed pursuant to
this agreement.
The Grantee certifies that it:
(a} Has neither used nor will use any appropriated funds far payment to lobbyists;
(:b} Will disclose the name, address, payment details, and purposes of any agreement with
lobbyists wham Grantee or its sub-tier contractor(s) ar sub-grantees} will pay with profits
ornon-appropriated funds an or after December 22, 1989; and, ~c} Will file quarterly updates about the use of lobbyists if material changes occur in their use.
Project Termination and Applicant Eligibility
The Grantee may unilaterally rescind this agreement at anytime prior to the expenditure of funds on the
project described in this contract.
If through any cause, the Grantee fails to fulfill in a timely and proper manner the obligations under this
contract, the Department shall thereupon have the right to terminate this contract by giving written notice to the Grantee of such termination and specifying the reasons thereof. In that event, the Grantee
shall. be entitled to receive just and equitable compensation for any satisfactory work completed in an
amount which bears the same ratio to the total compensation as the services actually performed bear to
the total services of the Grantee covered by this contract.
Failure by the Grantee to comply with the provisions and conditions set forth in the formal application,
PARTF administrative rules and this agreement shall result in the Department declaring the Grantee
ineligible for further participation in PARTF, in addition to any other remedies provided by law, until
such time as compliance has been obtained to the satisfaction of the Department.
4
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-4
Contract Number 2640
In witness whereof, the Department and the Grantee have executed the Agreement in du licate
originals, one of which is retained by each of the parties. p
COUNTY OF NEW HANOVER
Name of Grantee (Local Government) Si nature of Grantee (Chief Elected Official}
T ed or Printed Name of Official Title of Official
(Notary Public Completes)
State of North Carolina
County of
On this _ day of 2ppg
a
personally appeared before me the said named ,tome known and
known to me to be the person described in and who executed the foregoing instrument, and he {or she acknowledged that he (ar she) executed the same and being duly sworn by me, made oath that the stateme )
foregoing instrument are true. nts m the
My commission expires 2p
{Seal Here)
Signature of Notary Public
North Carolina Department of Environment and Natural Resources
Dee Freeman, Secretary
' Director, Division of Purchase and Services Department Head or Authorized Agent Title
for Secretary Freeman
5
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-5
Attachment A
General Terms and Conditions
Governmental Entities
DEFINITIONS subsidies, insurance, food commodities,
direct appropriations, and other assistance. Unless indicated otherwise from the context, the Financial assistance does not include
following terms shall have the following meanings in amounts received as reimbursement for
this Contract. All definitions are from 9 NCAC services rendered to individuals for Medicare 3M.0102 unless otherwise noted. If the rule or and Medicaid patient services,
statute that is the source of the definition is changed (S} "Financial Statement" means a report
by the adopting authority, the change shall be providing financial statistics relative to a
incorporated herein. given part of an organization's operations or (1) "Agency" (as used in the context of the status.
definitions below} means and includes every (9} "Grant" means financial assistance provided
public office, public officer or official {State by an agency, grantee, orsub-grantee to carry or local, elected or appointed}, institution, out activities whereby the grantor anticipates
board, commission, bureau, council, no programmatic involvement with the
department, authority or other unit of grantee or sub-grantee during the government of the State or of any county, performance of the grant.
unit, special district or other political sub- (10} "Grantee" has the meaning in G.S. 143-
agency of government. For other purposes 6,2(b}:anon-State entity that receives a grant
in this Contract, "Agency" means the entity of State funds from a State agency, identified as one of the parties hereto. department, or institution but does not
(2) "Audit" means an examination of records or include any non-State entity subject to the
fnancial accounts to verify their accuracy, audit and other reporting requirements of the (3) "Certification of Compliance" means a report Local Government Commission. Far other
provided by the Agency to the Office of the purposes in this Contract, "Grantee" shall
State Auditor that states that the Grantee has mean the entity identified as one of the met the reporting requirements established by parties hereto, For purposes of this contract,
this Subchapter and included a statement of Grantee also includes other State agencies
certification by the Agency and copies of the such as universities. submitted grantee reporting package. (11) "Grantor" means an entity that provides
(4} "Compliance Supplement" refers to the North resources, generally financial, to another
Carolina State Compliance Supplement, entity in order to achieve a specified goal ar maintained by the State and Local objective.
Government Finance Agency within the { 12} "Non-State Entity" has the meaning in
North Carolina Department of State N.C.G.S. 143-b.2(a}(1}: A firm, corporation,
Treasurer that has been developed in partnership, association, county, unit of local cooperation with agencies to assist the local government, public authority, or any other
auditor in identifying program compliance person, organization, group, or governmental
requirements and audit procedures for testing entity that is not a State agency, department, those requirements. or institution.
{5) "Contract" means a legal instrument that is {13) "Public Authority" has the meaning in
used to reflect a relationship between the N.C.G,S. 143-6.2(a)(3}: A municipal agency, grantee, and sub-grantee, corporation that is not a unit of local
"Fiscal Year" means the annual operating government or a local governmental
year of the non-State entity. authority, board, commission, council, or {7) "Financial Assistance" means assistance that agency that {i} is not a municipal corporation
non-State entities receive or administer in the and (ii} operates on an area, regional, or
form of grants, loans, loan guarantees, multiunit basis, and the budgeting and
property (including donated surplus accounting systems of which are not fully a property), cooperative agreements, interest
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-6
Attachment A
part of the budgeting and accounting systems
of a unit of local government. Subcontracting: To subcontract work to be {14) "Single Audit" means an audit that includes performed under this contract which involves the
an examination of an organization's financial specialized skill ar expertise of the Grantee or his
statements, internal controls, and compliance employees, the Grantee first obtains prior approval with the requirements of Federal or State of the Agency Contract Administrator. In the
awards. event the Grantee subcontracts far any or all of the
(15} "Special Appropriation" means a legislative services or activities covered by this contract: (a} act authorizing the expenditure of a the Grantee is not relieved of any of the duties and
designated amount of public funds fora responsibilities provided in this contract; (b) the
specific purpose. subcontractor a rees to abide b the standards
(1 b} "State Funds" means any funds appropriated contained herei nor to ravide such ' by the North Carolina General Assembly or to allow the Grantee information as
to comply with these collected by the State of North Carolina. standards, and; (c} the subcontractor agrees to
State funds include federal financial allow state and federal authorized representatives assistance received by the State and access to any retards pertinent to its rate as a
transferred or disbursed to non-State entities. subcontractor.
Both Federal and State funds maintain their identity as they are sub-granted to other Sub-grantees: The Grantee has the responsibility to
organizations. Pursuant to N.C.G.S. 143- ensure that all sub-grantees, if any, provide all
6.2(b), the tlerms "State grant funds" and information necessary to permit the Grantee to
State grants da not include any payment comply with the standards set Earth in this Contract. made by the Medicaid program, the Teachers'
and State Employees' Comprehensive Major Assignment: The Grantee may not assign the
Medical Plan, or other similar medical Grantee's obligations or the Grantee's right to receive programs. payment hereunder. However, upon Grantee's
(17} "Sub-grantee" has the meaning in G.S. 143- written request approved by the issuing purchasing
6.2(b}: anon-State entity that receives a authority, the Agency may: grant of State funds from a grantee or from (a) Forward the Grantee's payment checks}
another sub-grantee but does not include any directly to any person or entity designated by
non-State entity subject to the audit and other the Grantee, or reporting requirements of the Local {b) Include any person or entity designated by
Government Commission. Grantee as a joint payee on the Grantee's
{ 1$} "Unit of Local Government has the meaning payment check{s).
in G.S. 143-6.2{a}(2): A municipal corporation that has the power to levy taxes, Such approval and action does not obligate the State
including a consolidated city-county as to anyone other than the Grantee and the Grantee
defined by G.S. 160B-2(1), and all boards, remains responsible for fulfllinent of all contract agencies, commissions, authorities, and obligations.
institutions thereof that are not municipal
corporations. Beneficiaries: Except as herein specifically
provided otherwise, this Contract insures to the Relationships of the Parties benefit of and is binding upon the parties hereto and
their respective successors. It is expressly understood Independent Contractor: The Grantee is and shall and agreed that the enforcement of the terms and
be deemed to be an independent contractor in the conditions of this Contract, and all rights of action
performance of this Contract and as such shall be relating to such enforcement, are strictly reserved to wholly responsible for the work to be performed and the Agency and the named Grantee. Nothing
for the supervision of its employees. The Grantee contained in this document shall give ar allow any
represents that it has, or shall secure at its awn claim or right of action whatsoever by any other third expense, alI personnel required in performing the person. It is the express intention of the Agency and
services under this agreement, Such employees shall Grantee that any third person receiving services ar
not be employees of, or have any individual benefits under this Contract is an incidental
contractual relationship with, the Agency, beneficiary only.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-7
Attachment ~A
withhold payment to the Grantee for the purpose of Indemnity set off until such time as the exact amount of
damages due the Agency from such breach can be
Indemnification; In the event of a claim against determined.
either party by a third parry arising out of this contract, the party whose actions gave rise to the Waiver of Default: Waiver by the Agency of any
claim is responsible for the defense of the claim and default or breach incompliance with the terms of this
any resulting liability, provided that a party may not Contract by the Grantee is not a waiver of any waive the other party's sovereign immunity or similar subsequent default ar breach and is not a
defenses. The parties agree to consult with each modification of the terms of this Contract unless
other over the appropriate handling of a claim and, in stated to be such in writing, signed by an authorized the event they cannot agree, to consult with the representative of the Agency and the Grantee and
Gffice of the Attorney General. attached to the contract.
Default and Termination Availability of Funds: The parties to this Contract agree and understand that the payment of the sums
Termination by Mutual Consent: Either party may specified in this Contract is dependent and contingent
terminate this agreement upon thirty (34) days upon and subject to the appropriation, allocation, and notice in writing from the other party. In that availability of funds far this purpose to the Agency.
event, all finished ar unfinished documents and
other materials, at the option of the Agency, be Force Majeure: Neither party is in default of its submitted to the Agency. If the contract is obligations hereunder if and it is prevented from
terminated as provided herein, the Grantee is paid performing such obligations by any act of war,
in an amount which bears the same ratio to the hostile foreign action, nuclear explosion, riot, strikes, total compensation as the services actually civil insurrection, earthquake, hurricane, tornado, or
performed bear to the total services of the Grantee other catastrophic natural event or act of God.
covered by this agreement; for casts of work performed by subcontractors for the Grantee Survival of Promises: All promises, requirements,
provided that such subcontracts have been terms, conditions, provisions, representations,
approved as provided herein; or for each full day of guarantees, and warranties contained herein shall
services performed where compensation is based survive the contract expiration ar termination date an each full day of services performed, less unless specifically provided otherwise herein, or
payment of compensation previously made. The unless superseded by applicable federal ar State
Grantee repays to the Agency any compensation statutes of limitation. the Grantee has received which is in excess of the
payment to which he is entitled herein. Intellectual Property Rights
Termination for Cause: If, through any cause, the Copyrights and Ownership of Deliverables: Any
Grantee fails to fulfill in timely and proper manner and all copyrights resulting from work under this
the obligations under this agreement, the Agency agreement shall belong to the Grantee. The thereupon has the right to terminate this contract Grantee hereby grants to the North Carolina
by giving written notice to the Grantee of such Department of Environment and Natural Resources
termination and specifying the reason thereof and a royalty-free, non-exclusive, paid-up license to
the effective date thereof. In that event, all use, publish and distribute results of work under finished or unfnished documents, data, studies, this agreement for North Carolina State
surveys, drawings, maps, models, photographs, and Government purposes only.
reports prepared by the Grantee , at the option of the Agency, be submitted to the Agency, and the Compliance with Applicable Laws
Grantee is entitled to receive just and equitable
compensation for any satisfactory work completed Compliance with Laws: The Grantee understands on such documents and other materials. The and agrees that is subject to compliance with all laws,
Grantee is not relieved of liability to the Agency ordinances, codes, rules, regulations, and licensing
for damages sustained by the Agency by virtue of requirements that are applicable to the conduct of its any breach of this agreement, and the Agency may
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-8
1
Attachment A
business, including those of federal, state, and local agencies having jurisdiction and/or authority. Time Records: The GRANTEE will maintain
records of the time and effort of each employee
Equal Employment Opportunity: The Grantee receiving compensation from this contract, in
understands and agrees that it is subject to accordance with the appropriate OMB circular. compliance with all federal and State laws relating to
equal employment opportunity. Miscellaneous
Confidentiality Choice of Law: The validity of this Contract and
any of its terms ar provisions, as well as the rights
Confidentiality: As authorized by law, the Grantee and duties of the parties to this Contract, are keeps confidential any information, data, instruments, governed by the laws of North Carolina. The
documents, studies ar reports given to ar prepared ar Grantee, by signing this Contract, agrees and
assembled by the Grantee under this agreement and submits, safely for matters concerning this Contract, does not divulge or make them available to any to the exclusive jurisdiction of the courts of North
individual ar organization without the prior written Carolina and agrees, solely for such purpose, that the
approval of the Agency. The Grantee acknowledges exclusive venue for any legal proceedings shall be
that in receiving, staring, processing ar otherwise Wake County, North Carolina. The place of this dealing with any confidential information it will Contract and all transactions and agreements relating
safeguard and not further disclose the information to it, and their sites and forum, shall be Wake
except as otherwise provided in this Contract ar County, North Carolina, where all matters, whether without the prior written approval of the Agency. sounding in contract or tart, relating to the validity,
construction, interpretation, and enforcement shall be
Oversight determined,
Access to Persons and Records: The State Auditor Amendment: This Contract may not be amended
has access to persons and retards as a result of all orally ar by performance. Any amendment must be contracts ar grants entered into by State agencies or made in written farm and executed by duly
political subdivisions in accordance with N.C.G.S authorized representatives of the Agency and the
147-64.7. Additionally, as the State funding Grantee.
authority, the Agency has access to persons and records as a result of all contracts or grants entered Severability: In the event that a court of competent
mto by State agencies or political subdivisions. jurisdiction halls that a provision or requirement of
this Contract violates any applicable law, each such Record Retention: The Grantee may not destroy, provision or requirement shall continue to be
purge or dispose of records without the express enforced to the extent it is not in violation of law or is
written consent of the Agency. State basic records not otherwise unenforceable and all other provisions retention polity requires all grant records 'to be and requirements of this Contract shall remain in full
retained for a minimum of five years or until all audit force and effect.
exceptions have been resolved, whichever is longer. If the contract is subject to Federal policy and Headings: The Section and Paragraph headings in
regulations, record retention may be longer than five these General Terms and Conditions are not material
years since records must be retained for a period of parts of the agreement and should not be used to
three years following submission of the final Federal Construe the meaning thereof. Financial Status Report, if applicable, or three years
following the submission of a revised final Federal Time of the Essence: Time is of the essence in the
Financial Status Report. Also, if any litigation, performance of this Contract. claim, negotiation, audit, disallowance action, or
other action involving this Contract has started Care of Property: The Grantee agrees that it is be
before expiration of the five-year retention period responsible for the proper Custody and Care of any described above, the records must be retained until State owned property furnished him for use in
completion of the action and resolution of all issues Connection with the performance of his Contract
which arise from it, or until the end of the regular and will reimburse the State for its lass or damage. five-year period described above, whichever is later.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-9
Attachment A
Ownership of equipment purchased under this updates about the use of lobbyists if material contract rests with the Agency. Upon approval of the changes occur in their use.
Agency Contract Administrator, such equipment may
be retained by the Grantee far the time the Grantee continues to provide services begun under this
contract.
Travel Expenses; All travel, lodging, and subsistence costs are included in the contract total
and no additional payments will be made in excess of
the contract amount indicated in above. Contractor must adhere to the travel, lodging and subsistence
rates established in the Budget Manual for the State
of North Carolina.
Sales/Use Tax Refunds: If eligible, the Grantee and
all sub-grantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and
use taxes paid by them in the performance of this
Contract, pursuant to G.S. 1 OS-164.1 and (b}
exclude all refundable sales and use taxes from all reportable expenditures before the expenses are
entered in their reimbursement reports.
Advertising: The Grantee may not use the award of
this Contract as a part of any news release or
commercial advertising.
Recycled Paper: The Grantee ensures that all
publications produced as a result of this contract are printed double-sided on recycled paper.
Sovereign Immunity: The Agency does not waive its sovereign immunity by entering into this contract
and fully retains all immunities and defenses
provided by law with respect to any action based on
this contract.
Gratuities, Kickbacks or Contingency Feels}: The
parties certify and warrant that no gratuities, kickbacks or contingency feels} are paid in
connection with this contract, nor are any fees,
commissions, gifts or other considerations made contingent upon the award of this contract.
Lobbying; The Grantee certifies that it (a) has neither used nor will use any appropriated funds
for payments to lobbyist; (b} will disclose the
name, address, payment details, and purpose of any
agreement with lobbyists whom the Grantee or its sub-tier contractor(s) or sub-grantees} will pay
with profits or non-appropriated funds on or after
December 22, 1989; and (c} will file quarterly
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-10
Attachment B
Scope of Work
North Carolina Division of Parks and Recreation
Parks and Recreation Trust Fund -Grants Program far Local Governments
Grantee: County of New Hanover
Title of Project: Smith Creek Park
Project Number: 2009 - 602
Contract Number: 002fi40
Amount of Grant: $ 500,000.00
Amount of Match: $ 788,676.00
Contact Person for Project: Neal Lewis
Title: Parks Director
County of New Hanover
Address: 230 Market St., Ste. 120
Wilmington, NC 28403
Telephone: 910-798-7620 Contact email address: nlewis@nhcgov.com
Scope of Project: Site preparation, fishing pier, walking trail {1.25 miles},
roadway, picnic shelterlrestroom, site furnishings {bike racks, drinking fountains, benches}, sign, landscaping, utilities, contingency
Length of Project: 36 months {111112009-1013112012}
Schedule for Reimbursements: Grantee may submit bills quarterly after a
significant portion of work has been completed on the project element{s}. Not
more than 90°10 of the grant will be reimbursed until the grantee completes the
project elements specified in the grant {refer to detailed budget submitted with grant application}.
The County of New Hanover grant application and support documentation are, by
reference, part of the contract. The administrative rules of the N.C. Parks and Recreation Trust Fund are, by reference, a part of the contract.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-2-11
AGENDA: October 19, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010-23
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2010-23 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Smith Creek Park
Department: Parks
Ex enditure: Decrease Increase
Smith Creek Park:
Ca ital Pro'ect Ex enses $1,000,000
Total $1,000,000
Revenue: Decrease Increase
Smith Creek Park: Sale of Sand $500,000
PARTF Grant -State 500,000
Total $1,000,000
Section 2: Explanation
To budget a $500,000 grant awarded by the North Carolina Department of Environment and
Natural Resources Parks and Recreation Trust Fund (PARTF) for the construction of Smith Creek Park. The grant requires a $500,000 County match, which will be met by budgeting proceeds from
the sale of sand, for a total of $1,000,000.
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 2010-23, amending the
annual budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2009.
(SEAL)
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 18-3-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 19
DEPARTMENT: County Manager PRESENTER(S): Bruce T. Shell
CONTACT(S): Bruce T. Shell
SUBJECT:
Presentation on Proposed New Hanover County Endowment Program
BRIEF SUMMARY:
Bruce Shell will provide a brief presentation on endowment opportunities for citizens to invest in the future
of New Hanover County. New Hanover County's function is to provide necessary and valuable services to
the public. This proposal today is an opportunity for those who share in the County's vision of service to help
preserve or expand services in the future through an endowment program. The citizen could choose which services he or she would like to support. The possibilities are numerous.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation and authorize County Manager to move forward in establishing the endowment program.
ATTACHMENTS:
Slide 1
Slide 2
Slide 3
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 19-0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 19, 2009
REGULAR
ITEM: 20
DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis
CONTACT(S): Sheila Schult
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Vacancies exist on the following committees:
Jury Commission
Nursing Home Community Advisory Committee
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments.
ATTACHMENTS:
CA-applications
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointments.
COMMISSIONERS' ACTIONS:
The following appointments were made:
Jury Commission: James F. Reid reappointed
Nursing Home Community Advisory Committee: Janie Kennedy appointed
Board of Commissioners Meeting ~ nn a~~nna
1V/ ll/ LVVI 20-0
This page intentionally left blank.
COMMITTEE APPOINTMENTS
JURY COMMISSION
1 VACANCY (2-year term expiring 10/31/11)
ELIGIBLE FOR APPLICANT: REAPPOINTMENT
Alice E. Boykins-Fennell
James F. Reid X
Attachments: Committee Information Sheet
Applications
Board of Commissioners Meeting
IV/ 17/L,VV7 20-1-1
NE1N HANOVERCOUNTYJURYCOMMISSION
Number of Members: 3, appointed as follows:
1 appointed by County Commissioners
1 appointed by Senior Resident Superior Court Judge 1 appointed by Glerk of Superior Court
Term: 2 years -maybe reappointed
Compensation: paid by New Hanover County
Qualifications: qualified voter of New Hanover County
Regular Meetings: every two years in October
Statute or cause creating Board: NCGS Art. I, Chapter 9-1 and 9-2. Each member must take
an oath.
Brief on functions: To prepare a list of prospective jurors utilizing the tax lists of the County and voter registration records, exercising reasonable care to avoid duplication of names,
TERM OF OFFICE
CURRENT MEMBERS
APPOINTMENT EXPIRATION
James F, Reid First 10/15107 10131/2009
125 Brookwood Avenue ~
Wilmington, NC 28403
251-5031 (H}
Clerk of Court: Brenda Tucker File:lJury.wpd
316 Princess Street BIC #16 10.01
Wilmington, NC 28401
Revised; 10/512009
Board of Commissioners Meeting i nn n~~nnn
IV/ 17/L,VV7 20-1-2
New Hanover County 23~ Govemmept Center Drive
hoard of Commissioners COMMITTEE APPLICATION s~~~ l7s w~lm~s~~, xc 2sao~ Telephone: (910) 798-7149
Fax:(41Q)798-7145
Boa rdlCo ttee: ~ ~
i Name: ~ 1G _ , d I ,~,~15~ ~/V ~I ~
HQiue
Address: ~ o~ rJ ~ ~r~~ ~ ~ (Street) (City) (Zip Code)
Mailing Address if different:
~Aaare~s: ~1 ~ ~
home Phone: ~ ~ ~ ~ FQX: Ce[[: ~~D ~If51R ~d ~
dears Living in
New Hanover C unt : Male: Female: ~ Race: A e: Y ~ (nfarmation for the purpas of ass ring a cross secti not the community)
~ ~l Em to er. ~Q ~ ~ C~ ~ ~1 PY
(A pe son currently employed by the agency or department for which this application is made, must resign hislher position with New Hanover County apon appointment, ius accordance with Article'Vi, Section 4 of the New Hs~aov Caaaty Personnel Policy.)
4ocu ation: l ~ ~ //.~l P
l
Professional Activities: ~ /~l/ 5
Volunteer Activities. . ~ / s~C~ ~ f ~ J~ ~ ~ ~
4 / i
Wh do ou wish to serve on this boardfcommittee? 0 /I ~ ~ ~ ~(~C~~/~~~ Y Y
Q~ ~ i ~ ~ ~ n~ ~ ~ ~
Go tict oflnteroat: tf a board member believes h91 she has a confect or pofenti8l conflictof interest on a particular issue, that member should fate this beliefto me other embers of his I her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has 8 separate, private or monetary
interest, either director indirect, in the issue under consideration. The member should then excuse himself/ herself,from voting on the matter. y.M~
What areas of concern would ou like to see addressed b this committee? c~~~~ ~ ~`'~1 ~ ~~?C~5 Q Y Y
~ ~ ualifcations for servin : L!~ Y'~ ~ ~ ~ ~ g ~1 ~
~ ~a ~
Other municipal or county boardslcommitt es on which you are servin . / t(„~.
~~C~
List three local personal references and ph~ie numbers:
~w
r
Date: ~ Si store:
Applic ions are k ton 51e far 18 months e v tom t
sE~ 2 g ~aa9
B~. OE C~fr`S~Ic~~~~;~~;~~
Board of Commissioners Meeting i nn n~~nnn
IV/ 17/L,VV7 20-1-3
NEW H~lNDVFR COUNTY
BOARD DF CDMMISSICNERS
32D Chestnut Street, Room 305 CpMMI TTEE APPLICA TIN aP~ 1 7 ~Qa~
Wilmington, NC 28441-4093 Telephone 19f0134f-7749
FAX (9 f OJ 34 f -4 f 30 l~EW H i4 MOVE R ~Q.
Board/Committee: ~ l~ ~ ~'1'Y~ ~~V1 ~ ~ d BD. OF COMMISSIQC~E~S
r 4
Name: ~ ~ S ~i ~ ~
Home ' Address: ~ ~ ~ ~
(Street) (City) (tip Code)
Mailing Address if different: (City) (Zip Code)
Home Phone: J~w~ r ~ ~ ~ ~ Business Phone: ~
Years living in New Hanover County: ~ Male: Female: Race: ~ ~ ~ ~ ~ 0 ,!Age:
(Information for the purpose of assuring across-section of the community]
Employer:
(A person currently employed 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 Yl, Sec. 4 of the New Hanauer County Personnel Pokcy. j
Job Title. ~ ~ ~ ~ ~ ~ ~
Professional Activities:
r
Volunteer Activities: ~ ~ ~ ' ~ ~ ~ ~ ~ ~ G ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Why do you wish to serve on this board/committee? r ' ~ t' r ~ ~ ~ ~ C ~ ~
Conflict of /ntanest: !f s board member believes he/she has a conflict or pole tisl conflict of interest on a particular issue, that member should state this belief to the
other members ofhis/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter.
What areas of concern would you like fo see addressed by fhis committee?
t
Qualifications for serving: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ `
~ ~ ~ ~~r ~ f r
h r munici al r count board committees on which ou are servrn : ~ ~ ~ , , ~ 5TH Ot e p Y Y 9~
Three local personal references and phone numbers:
2.
i ~ 3. ~ ~
•1o r o7
Date: ~ - b ~ Signature Applications are kept an frie for 18 months
Use reverse side for additional comments
Board of Commissioners Meeting i nn n~~nnn
IV/ 17/L,VV7 20-1-4
COMMITTEE APPOINTMENTS
NURSING HOME COMMUNITY ADVISORY COMMITTEE
State Mandated Minimum Membership: 9
Maximum Membership allowed by State Statute: 14
Current Membership: 11
Vacancies Up to 3
Term: One year initially (10/31/10), 3-year terms thereafter
ELIGIBLE FOR
APPLICANTS: REAPPOINTMENT
Janie Kennedy
ADMINISTRATORS' NOMINEES
None
Attachments: Committee Information Sheets
Applications
Board of Commissioners Meeting
IV/ 17/L,VV7 20-1-5
NEIN HANOVER CGUNTY
NURSING HOME 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 of Office; 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 for the 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 ar 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 mare information.
Regular Meeting: Quarterly Meetings are held on the second Tuesday of January, April, July, and
Qc#ober a# 4:00 p.m. at the Cape Fear Council of Governments,1480 Harbour Drive, Wilmington, NC.
TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION
John S. Bilobran Initial 8113101 8131105
6605 Providence Road First 11/10/08 11130/11
Wilmington, NC 28411
686-o519~H}
John E. Brett Initial 6120105 6130106
325 S. Third Street First 6119106 6130109
Wilmington, NC 28401 Second 6122109 6130112
762-7295 ~H} 815-3491 ~W}
Julie Brewer Initial 6118101 6130108
3107 Durbin Court First 6116f08 6130111
Wilmington, NC 28409 199-4325 ~H}
John M. Coble Initial 3116109 3131110
5003 Villa Place W. Wilmington, NC 28409
796-6621 ~H} 619-2829 ~C}
Sharon R. D'Andrea Initial 2116109 2128110 5210 Peden Point Road
Wilmington, NC 28409
392-9864 ~H} 163-6257 ~W}
Board of Commissioners Meeting i nn n~~nnn
IV/ 17/L,VV7 20-1-6
NURSING HOME C~MMUN[TY ADVISGRY COMMITTEE ~CflNT.~
TERM ~F OFFICE
CURRENT MEMBERS APPOINTMENT EXPrRATION
Kristi Dews Dale Initial 2118108 2128109
1312 Legacy Lane First 2116109 2128112
Wilmington, NC 28411
681-0365 ~H} 540-0106 ~C}
Catherine Davis First 9122105 9130111
5613 Greenville Loop Road
Wilmington, NC 28409
395-5512 4H}
Dorothy L. Grime Initial 12115103 12/31107 5583 Wood Duck Circle First 1124105 1131108
Wilmington, NC 28409 Second 1122108 1131111
350-0612 ~ H }
Patricia Lawler Initial 6118101 6130108
602 Walnut StreetlP.a. Box 1169 ~ First 6116108 6130111 Wilmington, NC 28402
163-8239 ~ H }
Mary Ann Lewis initial 3124103 3131104
8 Merrimac Drive Firs# 3122104 3131101
Wilmington, NC 28412 Second 3112101 3131110 191-0523 ~H}
Susan Moriarty esigned 1120109} Initial 2118108 2128109
1509 Dog ~stle Lane First 2116109 2128112
Wilmi on, NC 28411
l - 248 ~H} 631-314-3289 ~C}
D, Alton Par , Jr. Resigned 1109} Initial 8121100 8131101
318 Gol Road ~ First 8120101 8131104
Wil ' gton, NC 28409 Second 8116104 8131101
2-3514 ~H} Third 8113141 8131110
Denise L. Shuart Initial 8113107 8131108
111 Florida Avenue, #16 First 8118108 5131111
Carolina Beach, NC 28428
611-7005 Cell}
Doris L. Walter D Initial 811 SI08 8131109
5006 Car n Street, Unit 11
Wil ' gton, NC 28403
-5438 ~H}
Members Nomina#ed by Nursing Home
Administrators: None
Revised: 8131009
Board of Commissioners Meeting 1 ~/19/2(19
20-1-7
New Hanover County 230 Government Center nrive
Board of Commissioners COMIVHTTEE APPLICATION suite 17s Wilmingtoa,NC 28403
Telephone: {9i0) 798-7144 Fax: (910) 798-714$
BoardlCammittee: Nursing Hame Community Advisory Committee
Name: Janie Kennedy
Home
Address:lD5 Middle yaks Drive Wilmington 28409
fStree#) City) (zip Code)
Mailing Address if different:
E-Mail Address: JanieKennedy@bellsouth .net
Home Phone; 910-79i-4412 Fox: CeCI; 910-612-4303 Business: 910-343-7512
Years Living in
New Hanover County: 6 Male: Female: ~ Race; Caucasian Age: 53 ~►formation for the purpose of assuring a cross section of the community}
Employer: New Hanover Medical Center
(A person currently employed 6y the agency or depart®ent for which this application ie made, meet resign hislhcr position with New Hanover Cvanty
upon appointment, in accordance with Ar#icle VI, Section 4 of the New Hanover C oanty Personnel Policy.)
RN- case manager Occupation:
professional Activities:
Volunteer Activities:
Why do you wish to serve on this boardlcammittee? I am kno~ledgeable about Nursing Homes . I have
both education and personal experience that can be utilized in making decisions
CoMlkt of Mtereatr M 8 board member believes he /she has a confkct cr potential conilictof interest on a particular issue, that member should state this belief to the other
members of his / her respectr've board during a public meeting. The member should state the nature of the conpict, detai!!ng that he/she has a separate, private or monetary interest, either direct Qr indirect, in die issue under can sideration. The m emb er should then excuse himself /herself from voting an the matter.
V~hat areas of concern would you like to see addressed by this committee? providing the best possible care
for the patients by enforcing policies and numerous unannounced visits to the facilities
Qualifications for serving: Nurse for 20+ years
Other municipal or county boardslcommittees on which you are serving: none
List three !Deal personal references and phone numbers:
1. Helen Lattus 79o-90D2 OOT ~ ~OOg
2. Anna clerk 512-5530
Shelia sherr~rell ~ ~ y I ~D. 4~ COMM1SSrONER 3. ~3
} Date: ~ ~ ~ Signature
Applicat~ns are kept on file idr l8 months Use reverse d for additional comments
i
r
Board of Commissioners Meeting i nn n~~nnn
IV/ 17/L,VV7 20-1-8