Agenda 2008 10-06AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
ROBERT G. GREER, CHAIRMAN • WILLIAM A. CASTER, VICE-CHAIRMAN
TED DAMS, JR., COMMISSIONER • WILLIAM A. KOPP, COMMISSIONER • NANCY H. PRITCHETT, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY ~ SHEILA SCHULT, CLERK TO THE BOARD
6:00 P.M.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCATION (Mike Queen, Pastor, First Baptist Church)
PLEDGE OF ALLEGIANCE (Vice-Chairman William A. Caster)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval to Transfer Membership of John Charles Stevens from the Nursing
Home Community Advisory Committee to the Adult Care Home Community
Advisory Committee
3. Approval of Contract with Marlowe and Company
4. Donation of Surplus Van to Communities in Schools
5. Approval of New Hanover County Board of Education Capital Outlay
Amendment #3 to Record Carryover of Capital Outlay Project Balances
6. Adoption of Ordinances for Budget Amendments
ESTIMATED RE LAR A ENDA ITEM F B INE
TIMES GU G S 0 US SS
6:10 p.m. 7. Consideration of Proclamation to Recognize October 2008 as "Domestic
Violence Awareness Month" in New Hanover County
6:15 p.m. 8. Consideration of Proclamation to Recognize October 5-11, 2008 as "Fire
Prevention Week" in New Hanover County
6:25 p.m. 9. Public Hearing
FY 2009 Rural Operating Assistance Program
6:35 p.m. 10. Public Hearing
Text Amendment (A-374, 8/08) - Request by Staff to Amend Section 67-9 of
the Zoning Ordinance to Discourage Clear-Cutting of Land
6:55 p.m. 11. Presentation of Low Impact Development (LID) Project Encouraging
Additional Tools to Manage Stormwater Runoff and Protect Water Quality
and Adoption of Resolution Encouraging the Use of LID Techniques
NON-AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
7:20 p.m. 12. Consideration of a Proclamation to Terminate the State of Emergency
Proclaimed on September 4, 2008
7:25 p.m. 13. Additional Items
Board of Commissioners Meeting
10/06/2008
County Manager
County Commissioners
Clerk to the B oard
County Attorney
7:35 p.m. 14. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
10/06/2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Greer
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review meeting held on September 18, 2008
Regular Session meeting held on September 22, 2008
Additional meeting of the Water and Sewer District held on September 22, 2008
Joint meeting with the New Hanover Regional Medical Center Board of Trustees held on September 25,
2008
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
1-0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
CONSENT
ITEM: 2
DEPARTMENT: Governing Body PRESENTER(S): Sheila Schult
CONTACT(S): Sheila Schult
SUBJECT:
Approval to Transfer Membership of John Charles Stevens from the Nursing Home Community
Advisory Committee to the Adult Care Home Community Advisory Committee
BRIEF SUMMARY:
John Charles Stevens was appointed to the Nursing Home Community Advisory Committee on August 18,
2008. As a nursing instructor at Cape Fear Community College, he has begun making periodic visits to
nursing homes with his student nurses. To avoid any type of conflict of interest between the two
responsibilities, he has agreed to transfer from the Nursing Home Community Advisory Committee to the
Adult Care Home Community Advisory Committee. His initial term will remain the same, expiring August
31, 2009.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the transfer of membership from the Nursing Home Community Advisory Committee to the Adult
Care Home Community Advisory Committee.
ATTACHMENTS:
J C Stevens application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
2-0
Jul 11 D8 01:35p John Stevens
~1ew Hanover Coaoty
Board of Commissioners
9102214$64 p.1
Z~~ Goverpmc~rst Cantor Drive
CIIMMITTEE APPLICATION sQ~rae 1Ts
Wilmx<-gtoa, NC 284Q3
Telsphaae, {9f0~ 798-7144
Fax: 44~~~ ~~a-~ias
BaardfCoe'mittee: Nursing Ho®e Co»unity Advisory Cotaaittee
Name: J4~ Charles Stevens
Hone
Address: 3812 Rest Hishap Court Wilmington 28412
(5treetj (City) (Zip Cale)
Mailing Address it different;
E-Mail Address: ~ a tevens~ cfcc . edn
Home Phone: 399-7570 Fax: 399-7570 Cell: 964-8221 Business: 392-7970
Years Living in
New Hanauer Count~•: 14 1Rale: ' female: ire; Caucasian ~~~: 58
(/alarm otiron for the pure•se of rrasnrir~ w nose section of t1~e cam mrraity)
Employer: cape Fear Comatunity college
(A penal ca rrapNy employed br the o=easy or deparhoeat for which this epplicstiaa ee made, ~rw~t resifa hh11-er pcsitioa with Nn. Baoayer C attnfy
upon sppaieleiwt, itleccordeaee ~ritb ArtickV[, Seetica4 otihe NeM Ha4oveYCeanty ~reonnct Pelicy.~
Nursing Inetru~tor
Docupafion:
Professional Activities: Regiatere~d Nurse ~ Item writer National Council of State Board of Nursing
voZ~mteer Activities: lmerica~ heart Assaeiation
Why do you wish to serve on this baardtc~m,arltte~? Contribute at local Ievel
Caaflks oP MhreMr ~ a bad member believes Re t she has a carrllict ar pofegtlel canRlct olia~erest are a perticular;asne, ehet member should sgre this belre~to pie other
members at Afa 1 her respecrrve board drrrirrp a puDiic m estir~. The member ahet-Id elate fhe netw~e o/ rhd cor~Rict, detarllaQ that he/she has a aepente, prrvata ar m arrofary
Irrre~roel, eltherdrrecr yr iridirvcr, In Me r'seue under conalderatlan, T11e nrernber should Men excuse hirnseCr! trerserf from vorin~ an the marler,
Whet areas of concern would you lYke to see addressed by this eammittee?
~ualifreations foe` saving: 5 Yearn exp. Nurse Educator, 12 yrs exp registered nurse, 5 years exp
teaching geriatric nursing
13t`er municipal or county baardslcommittees on which you are serving: n°ne
~i~t #hree lace! personal rtferences and phone au®bers: ~ u ~ ~ ~ 2ao~
1. Regina McBarmn 262-7Q76
Z. Deborah Brasic 2D0-6984 ~I£W NAN~V~R CO,
ran nr rn„~.~r,..,,.,,-~
3, Carolyn McCormick 619-7674
~ ~ )
Datt: duly 11 ~ 2408
Applieetior~t are kept on fik for if srosthb
~~
Signature
Board of Commissioners Meeting
10/06/2008
2.-1-1
Use rrvcrse side for additions/ toenmeata
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
CONSENT
ITEM: 3
DEPARTMENT: County Manager PRESENTER(S): Dave Weaver
CONTACT(S): Dave Weaver
SUBJECT:
Approval of Contract with Marlowe and Company
BRIEF SUMMARY:
The attached letter and scope of work outlines the services that Marlowe and Company has provided the
County for the past year and the services it would continue to provide for a fee of $50,400 per year. This is
an increase from the present contract of $48,000 per year. The services provided by Marlowe and Company
in the past have been very helpful to the County in obtaining funding for such projects as beach re-
nourishment. This contract will be funded from the Beach Nourishment portion of the Room Occupancy Tax
Fund.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval.
ATTACHMENTS:
Marlowe & Company
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
The item was removed.
Board of Commissioners Meeting
10/06/2008
3-0
~averr~ment Affairs Cosul~ants
1~las~ir~~tar~, D~
September 1b, 2008
The Honorable Robert Greer
Chairman
New Hanover County Board o~ Commissioners
3 20 Chestnut Street, Room 3 0 5
Wilmington, NC 28401
Mr. Bruce Shell
County Manager, New Hanover County
2 3 o Government Center Drive, Suite 19 5
Wilmington, NC 2 8 403
Dear Chairman Caster and Mr. Shell;
Thank you very much for the opportunity to continue to represent New Hanover
County in Washington, D.C. over the past year. It has been our pleasure to help the
County address its shoreline protection et~orts by arranging for federal funding for Corps
o~ Engineers projects in the County. This letter reviews our accomplishments for the
County over the past year and also serves as a proposal to continue our work for the
coming year.
As you know, for FY'o9 Marlowe & Company submitted dour requests to the
County's congressional delegation on your behalf, including the 421N Corridor Water,
Carolina Beach reauthorization study, Carolina and Kure Beach shore protection project,
and the Wrightsville Beach shore protection project.
Fortunately, New Hanover's request for Wrightsville Beach received $300,000 in
the Senate bill to cover the federal share o~ the Plans and Specs work that the Carps o~
Engineers will do in preparation for its 2010 renourishment. Cln~ortunately, the House
and Senate bills did not include funding for the Plans ~. Specs work on Carolina Beach
and Kure Beach, which is also on schedule to be renourished in 2010. Based on our
conversations with the Appropriations Committee and the Corps, we have determined
that funding was prioritized elsewhere because the Wilmington District still has $1
~~~~' ~ ~r~et, ~~V ui~~e ~~ ~ashir~,~€~r~~ p~ ~ ~~~ ~7~-7 ~~ ~~~ 77~-~~4
-rr~~ilt r~~rlawo~~~rl~~~r~.~r~m ^ ~wu~,~~~~a~uoc~,com
A Limited Liability Company
Board of Commissioners Meeting
10/06/2008
3-1-1
million remaining from the FYo6 Emergency Supplemental for Carolina Beach. The
District used those funds for Plans & Specs during the recovery from Hurricane Ophelia
and may be able to use them again in FYo9. ~Ve are currently working with your
congressional delegation to get authorization firom Corps Headquarters to access that
funding source.
The County also requested $300,000 to be used for a Corps project review study
of the Carolina Beach project which would authorize it for another 50 years. The
Appropriations Committees did not provide the funding in FYo9 because, a) the current
project authorization does not expire until 2014, and b) the review study will take
approximately two years complete. Nonetheless, by making a request For funding this
year it lays the groundwork for future requests.
The County also submitted a request for $1 million for the CIS Route 421 North
Corridor water improvements project. The funding was requested through the EPA's
State ~. Tribal Assistance Grant program which is funded through the FYo9 Interior and
Environment Appropriations bill. Although the House did not provide funding in its bill,
the Senate has yet to act on this bill.
Due to election year politics the pace of legislation in V~ashington has slowed
significantly. In a perfect world, Congress should have completed all 13 appropriations
bills before the end of the current fiscal year on September 30, 2008. If the bills are not
finished, Congress works through October and sometimes into November and December
to complete all of its work before adjourning for the remainder of the calendar year.
However, because 2008 is a presidential election year, work 0n the FYo9 bills may not be
completed until March 2009 because Congress may wait until the next President is in
office. Ironically, we may be submitting the County's FY2o10 requests before the FYo9
bills are even finished. We will remain in close contact with the County regarding future
appropriations developments and how they may impact the County's requests.
Finally, next year Congress will begin work on the Transportation
Reauthorization bill, which provides guaranteed federal funding for a wide variety of
transportation and transit related projects. VVe will work with the County to identify two
projects that are important to the County and seek support for them from your
congressional delegation.
eve propose an agreement between the County of New Hanover and Marlowe &
Company beginning January 1, 2009 and ending December 31, 2009. We will provide
lobbying and other government affairs consulting services to the County related to the
projects that are under the jurisdiction of the Army Corps of Engineers, wafter
infrastructure development along the Route 421 Corridor, and any other issues identified
by the County and agreed to by Marlowe ~. Company. we propose a modest fee increase
to $ 50,400 annually. The modest increase in our retainer reflects the greater cost of
representing the County before an increasingly restrictive and busy Congress, as well as
what we expect to be a very busy 2009 advocating for funding and authorization for
2
Board of Commissioners Meeting
10/06/2008
3-1-3
your projects before Congress and the Corps. There is no charge for any administrative
support work done by other members of our sta~~. As in the past, we will invoice the
County monthly and provide monthly written updates on our activities.
Once again, thank you very much for the opportunity to represent the County o~
New Hanover.
Sincerely,
Steve Dye
Principal
cc: Dave V~eaver
Board of Commissioners Meeting
10/06/2008
3-1-5
Services Agreement
This agreement, made on 2008, shall be the complete and binding
agreement between The County o~ New Hanover,l~lorth Carolina County) and Marlowe
~. Company, a government a~~airs consulting and lobbying firm located ax 1667 K Street
NW in Washington, D.C.
Background
The County, for the purpose o~ retaining professional assistance in investigating and
exploring federal funding opportunities, has requested the services o~ Marlowe ~.
Company. The County and Marlowe & Company wish to set forth herein the terms and
conditions under which the services shall be rendered by Marlowe ~. Company. In
consideration o~ the foregoing end o~ the mutual agreements set forth below, the parties
agree as follows:
Terms
1. The County will pay Marlowe ~. Company's $4,200 a month for each o~ the
months in calendar year 2009 for services performed by Marlowe ~.
Company to secure funding for the federal shore protection projects; the
water infrastructure construction along Route 421; and any other issues
identified by the County and agreed to by Marlowe ~. Company.
2. The fee and services described in Paragraph #1 includes up to two visits by
Marlowe & Company stag to the County, but does not include payment For
the time and expense a~ any additional out-off-town travel Marlowe ~.
Company may incur at the request o~ the County.
3 . The services described in Paragraph # 1, above, shall be performed at the
direction and to the satisfaction o~ the County.
4. Marlowe ~ Company shall account each month to the County for the time it
has spent in performance o~ the services described in Paragraph #1 and shall
maintain continual contact with a representative 0~ the County by
telephone, fax, mail, and/or e-mail to inform said representative o~
developments regarding the Project and respond to said representatives
comments and questions in a prompt and appropriate manner.
5. Either party may terminate this contract without cause on thirty (30} days'
written notice.
This Agreement contains the entire agreement and understanding o~ the County and
Marlowe ~. Company with respect to the matters covered herein, and may only be
modified by written instrument signed by both parties.
Board of Commissioners Meeting
10/06/2008
3-1-7
IN V~ITNESS VVHER~tJF, the parties hereto, intending to be legally bound, have caused
this Agreement to be executed on the day and year written above.
For Marlowe ~. Company:
Name: Howard Marlowe
Title: President
Name: Steve Dye
V~itness
For the County o~ New Hanover, North Carolina:
Name:
Title:
Name:
V~itness
Board of Commissioners Meeting
10/06/2008
3-1-9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
CONSENT
ITEM: 4
DEPARTMENT: Sheriff PRESENTER(S): Sheriff Causey
CONTACT(S): Avril Pinder
SUBJECT:
Donation of Surplus Van to Communities in Schools
BRIEF SUMMARY:
The New Hanover County Sheriff's Office desires to donate a van that has become surplus to its operations
to Communities in Schools, anon-profit organization serving at-risk and suspended youth since 2001. The
van has been replaced with a new van.
The van will be used by the Communities in Schools in their Educational Alternatives for Suspended Youth
Program.
The van is a 2002 Ford E-350, VIN # 1FTSE34F42HA59535 with 215,101 miles with a fair market value of
$2,500.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution to donate the van to Communities in Schools and authorize County staff to process any
required documents to complete the transaction.
ATTACHMENTS:
Communities in Schools resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
4-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
TO DONATE A SURPLUS VAN TO COMMUNITIES IN SCHOOLS
WHEREAS, the New Hanover County Sheriff's Office desires to donate a van to the Communities
in Schools program; Communities inSchools is anon-profit organization that has served at-risk and
suspended youth since 2001; and
WHEREAS, the van has become surplus to the Sheriff's Office operation; and
WHEREAS, the van is a 2002 Ford E-350, VIN # 1FTSE34F42HA59535whh 215,101 miles with
a fair market value of $2,500; and
WHEREAS, the Sheriff's Office is requesting approval to donate the vehicle to Communities in
Schools pursuant to General Statute 160A-279.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners
that the 2002 Ford E-350 Van, VIN # 1FTSE34F42HA59535 be donatedtoCommunities inSchools
for use in their Educational Alternatives for Suspended Youth Program and that County staff is
directed to process any required documents to complete the transaction.
ADOPTED this the 6th day of October, 2008.
NE~U HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
4-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
CONSENT
ITEM: 5
DEPARTMENT: Budget PRESENTER(S): Cam Griffin
CONTACT(S): Cam Griffin
SUBJECT:
Approval of New Hanover County Board of Education Capital Outlay Amendment #3 to Record
Carryover of Capital Outlay Project Balances
BRIEF SUMMARY:
On September 2 the New Hanover County Board of Education approved Budget Amendment # 3 in the NHC
School's Capital Outlay Fund.
The Budget Amendment budgets the balance of projects that were budgeted but not completed in FY07-08
into FY08-09.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve New Hanover County Board of Education Capital Outlay Amendment #3.
ATTACHMENTS:
NHC BOA BA3
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
5-0
APPENDIX D
NEW HANOVER COUNTY
BOARD OF EDUCATION
Finance
September 2, 2008
Subject,
200812009 Budget Amendments
Staff Members}Present:
Chief Financial officer
Fiscal Implications:
$ 5,235,82234 Stale Budget Amendment #2
$ 1,097,941.00 General Fund Amendment # 3
$ 86,474,592.29 Capital Outlay Amendment # 3
Recommendation;
Approval -September 2, 2008
Board of Commissioners Meeting
10/06/2008
5-1-1
Budget Amendment
#3
New Hanover County Administrative Unit
Capital Outlay Fund
The New Hanover County Board of Education at a meeting on the 2nd day of September 2008,
passed the following resolution,
Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year
ending June 30, 2009.
Code Number Description of Code Increase (Decrease)
Uariaus See Attached
Revenue.
Various See Attached
Explanation: See attached
Total Appropriation in Current Budget $ -
Amount of IncreaselDecrease of above Amendment 66,474,59229
Total Appropriation in Current Amended Budget ~ 66,474,592.29
/1~
P s e b ma ont vote of the Board of Education of New Hanover Count on the c~ da of
asd y ~ y y y
. , 20 D~ ,
Board of Commissioners Meeting
10/06/2008
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Capital Outlay Amendment #3
To record carryover of Capital Qutlay Project Balances
State Public School ADM Fund:
9017 Snipes Replacement 4,892,652..73
9070 Electrical Upgrades 81,090.00
9075 ParkinglGrounds Repairs 125,748.85
9078 Structural Repairs 95,229.00
9086 Heat Pump Replacement 9,066.98
9095 HVAC Projects 158,262.50
State Public School Lottery Fund:
8100 Transfer to NHC for Debt Payment 500,000.00
9017 Snipes Replacement 2,617,100.00
9049 WindawlDaor Replacements 9,277.87
9057 Gym Floor Replacement 25,576.02
9059 Stage Repairs 44,860.66
9069 CATV Electrical Upgrades 149,083.00
9070 Electrical Upgrades 123,916.64
9078 Structural Repairs 72,604.56
9094 Hoggard Band Raom Renovations 43,358.00
DPI School Bus Purchase:
6550 Transportation -Bus Lease 391,762.40
State Cooperative Innovative Grant -PLC:
6401 PLC Technology 11.0,000.00
Fund Balance Appropriation:
8500 Capita! Outlay Contingency 39,809.59
9092 Roland Grise UST Remdiation 52,244.15
9007 Anderson Elementary 27,653.85
9065 UST Removal & Remediation 28,025.58
6550 Vehicle Purchase 3,635.79
9001 ~ Furniture & Equipment 46.06
9003 Computer Replacments 2,440.29
9004 Printers 3,412.38
9006 Painting Projects 1,406.08
9008 Networking Projects 3,622.10
9058 Traffic Improvements 522,408.65
6550 Transportation -Vehicles 3,327.84
9001 Furniture & Equipment 684.00
9003 Computer Replacments 320.78
9020 Sunset Park Renovation 80,000.00
9060 Asbestos Remediation 1,010.50
9073 Hoggard Carpentry Renovations 93,192.50
9079 Science Lab Upgrades 64,551.32
9080 RG Window Replacement 34,924.00
9082 Auditorium Seating 22,916.50
9086 Heat Pump Replacement 1,278.10
Capital Outlay -Page 1
5, 362, 050.06
3,585,776.75
391,162.40
110, 000.00
Board of Commissioners Meeting
10/06/2008
5-1-5
9094 Hoggard Band Raom Renovations 4,770.17
9097 Snipes Replacement 388,833.93
5110 Instructional Furniture & Equipment 41,873.98
6110 Support Furniture & Equipment 175.00
6200 Special Education Support F & E 477.61
6401 Technology Projects 209,538.78
6550 Vehicle Purchase 208,354.97
6580 Maintenance Projects 118,706.56
6850 Student ID Equipment 27,000.00
6950 TV Studio Equipment 881.71
9006 Painting Pro}ects 193,083.02
9049 WindowlDoor Replacements 61,840.21
9050 Minor Repairs/Renovations 56,650.00
9051 PA Systems Replacements X8,709.78
9054 Carpet Replacements 60,094.74
9060 Asbestos Remediation ~ 15,299.00
9061 Mold Remediation & Repairs 111,720:00
9065 UST Removal &Remediation 12,360.00
9069 CATV Electrical Upgrades 15,450.00
9070 Electrical Upgrades 320,541.90
9071 CBRG Server Room Expansion 64,998.71
9075 ParkinglGrounds Repairs 371,555. ~ 7
9078 Structural Repairs 158,051.53
9079 Science Lab Upgrades 117,115.00
9083 Unforeseen Repairs and Renovations 49,346.65
9086 Heat Pump Replacement 692,438.00
9087 Mobile Unit Relocations & Replacement 25,327.69
9089 NHHS Field House 35,534.21
9094 Hoggard Band Raom Renovations 22,899.00
9095 HVAC Projects 134,486.10
9098 Sewer Line Repairs 25,750.00
2045 County Bond;
8500 Bond Contingency 1,000,000.00
9010 Land Acquisition & Site Infrastructure 1,480,945.86
9011 Elementary School E 13,463,861.43
9012 Middle School BB 21,437,739.97
9013 Carolina Beach Renovation 135,806.28
9014 Carolina Beach Renovation 21,393.63
9015 Forest Hills Renovation 806,691.53
9016 Winter Park Renovation 5,830,500.78
9017 Snipes Replacement 8,796,910.95
9018 Wrightsboro Renovation 570,473.41
9019 Gregory Renovation 9,196,095.fi8
9020 Sunset Park Renovation 5,388,10x.99
9023 Spencer Complex Roaf Replacement 645,200.00
9x28 Bond Technology Projects 2,211,826.45
9029 2005 Bond Program Management 1,848,622.58
Capital Outlay -Page 2
4, 590, 833.48
72,434,169.6Q
86,474,592.29
Board of Commissioners Meeting
10/06/2008
5-1-7
Revenue Codes:
4 41 ~ 0 0 County Appropriation -
4 4910 0 Fund Balance (4,590,833.48}
4 4810 820 2005 Bond (72,434,169.60}
4 3400 74 PSBCF -ADM (5,362,050.06)
4 3460 76 PSBCF -Lottery (3,585,776.75}
4 3490 120 DP1 Schao! Bus Purchase (391,762.40}
4 3200 446 State Cooperative Innov Grant (110,000.00}
(86,474,592.29}
Capital Qutlay -Page 3
Board of Commissioners Meeting
10/06/2008
5-1-9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
CONSENT
ITEM: 6
DEPARTMENT: Budget PRESENTER(S): Cam Griffin
CONTACT(S): Cam Griffin
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2009.
09-035 - Health Department
09-039 - Health Department
09-040 - Health Department
09-041 - Health Department
09-037 - Board of Elections
09-045 - Commissioners
2009-14 -Finance Department
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of ordinances for the budget amendments listed in the summary above.
ATTACHMENTS:
B/A 09-035
B/A 09-039
B/A 09-040
B/A 09-041
B/A 09-037
BlA 09-045
B/A 2009-14
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
6-0
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-035
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-035 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health-Good Shepherd Program
Ex enditure: Decrease Increase
Salaries $6,000
Contract Services 3,500
Su lies 7,359
Em to ee Reimbursement 800
Total $17,659
Revenue: Decrease Increase
Good She herd Grant $17,659
Total $17,659
Section 2: Explanation
To rollover unexpended grant funds from FY 07-08 to FY 08-09.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-035, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
6-1-1
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-039
BE IT ORDAINED by the Board of County
Carolina, that the following Budget Amendment 09-039
fiscal year ending June 30, 2009.
Commissioners of New Hanover County, North
be made to the annual budget ordinance for the
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Safe Kids
Ex enditure: Decrease Increase
Health/Safe Kids:
Su lies $1,000
Total $1,000
Revenue: Decrease Increase
Health/SafeKids:
Safe Kids - Walk to School Da Grant $1,000
Total $1,000
Section 2: Explanation
The International Walk to School Day (October 8, 2008) will be held at Bradley Creek Elementary School.
Volunteers will escort children to school, lead classroom/school assembly activities, and walk home with
students while reinforcing the safety messages. T-shirts, safety items, and information will be provided.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-039, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Robert G. Greer, Chairman
Board of Commissioners Meeting
10/06/2008
6-2-1
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-040
BE IT ORDAINED by the Board of County
Carolina, that the following Budget Amendment 09-040
fiscal year ending June 30, 2009.
Commissioners of New Hanover County, North
be made to the annual budget ordinance for the
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Safe Kids
Ex enditure: Decrease Increase
Health/Safe Kids:
Su lies $1,000
Total $1,000
Revenue: Decrease Increase
Health/Safe Kids:
Safe Kids/Railwa Crossin Grant $1,000
Total $1,000
Section 2: Explanation
Funds will be used to buy promotional materials and incentives (give-aways) to raise awareness of safety at
railroad crossings during Safe Crossing week. The Railway Safe Crossing program will link railroad safety
language with science and physical education in the elementary school curriculum.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-040, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Robert G. Greer, Chairman
Board of Commissioners Meeting
10/06/2008
6-3-1
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-041
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-041 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health Department/Safe Kids
Ex enditure: Decrease Increase
Health/Safe Kids:
Su lies $3,500
Total $3,500
Revenue: Decrease Increase
Health/Safe Kids:
Safe Kids Grant $3,500
Total $3,500
Section 2: Explanation
Funds will be used to purchase car seats, food, and supplies for Injury Prevention Workshops.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-041, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
6-4-1
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-037
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-037 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Board of Elections
Ex enditure: Decrease Increase
Board of Elections:
Tem ora Salaries $39,350
Contract Services 56,600
Su lies - Com uter & Other 9,972
Su lies 49,425
Total $155,347
Revenue: Decrease Increase
Board of Elections:
0 eratin Grants -State HAVA Grant Funds $155,347
Total $155,347
Section 2: Explanation
To accept and budget a grant award from NC State Board of Elections of $155,347 in total ($95,950 for
staffing and training, $8,490 for six (6) laptops, $1,482 for six (6) printers, and $49,425 for fifteen (15)
non-ADA iVotronics voting machines) to support additional One-Stop Sites for the 2008 General Election.
The laptops, printers, and voting machines will be purchased by the state and given in-kind. All other
expenses will be reimbursed by the State Board of Elections up to the amount indicated in the grant. No
County matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-037, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
6-5-1
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-045
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-045 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund/Transfers
Department: Commissioners
Ex enditure: Decrease Increase
Transfers to S ecial Revenue Fund $729,202
Total $729,202
Revenue: Decrease Increase
A ro riated Fund Balance $729,202
Total $729,202
Fund: NHC Schools
Department:
Ex enditure: Decrease Increase
Medicaid Reserve $729,202
Total $729,202
Revenue: Decrease Increase
Transfers in from General Fund $729,202
Total $729,202
Section 2: Explanation
The 2007 Appropriation Act phased out the County participation, excluding the administrative
costs, in Medicaid over athree-year period.
In exchange for the reduction of counties' FY07-08 Medicaid cost, the legislation temporarily
reduced county allocation from the Public School Building Capital Fund (PSBCF) in FY07-08 and
required counties to hold the local school administrative units harmless for the loss in PSBCF
funds.
The funds either had to be expended in FY07-08 or placed in a capital reserve account for future
expenditures for one or more of the PSBCF purposes. This budget amendment places the funds in
a reserve fund for future qualifying expenditures.
PSBCF funds are to be used for capital outlay projects, including the planning, construction,
reconstruction, enlargement, improvement, repair, or renovation of public school buildings and for
the purchase of land for public school buildings. If funds are not needed for a specific capital
outlay project, the funds can be used for debt service for public school facilities.
The County Commissioners and Board of Education need to agree on how the funds will be used,
but there is no match requirement for the funds and Department of Public Instruction does not
have to approve the expenditure of these funds.
County sales tax revenue is impacted in the remaining years of the phase out of local participation
in Medicaid.
Board of Commissioners Meeting
10/06/2008
6-6-1
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-045, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Robert G. Greer, Chairman
Board of Commissioners Meeting
10/06/2008
6-6-2
AGENDA: October 6, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-14
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-14 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: 800MHZ Radio System Capital Project
Department: Finance
Ex enditure: Decrease Increase
Ca ital Project Ex ense $3,649
Transfers to General Fund $28,762
Total $3,649 $28,762
Revenue: Decrease Increase
Interests Earnin s $25,113
Total $25,113
Fund: General Fund
Department: Commissioners
Ex enditure: Decrease Increase
Total
Revenue: Decrease Increase
Transfers in from Ca ital Pro'ects $367,913
A ro riated Fund Balance $367,913
Total $367,913 $367,913
Section 2: Explanation
To close Fund 396 - 800MHZ Radio System Capital Project. The equity of $367,913 remaining in the
Capital Project fund is being transferred to the General Fund. Prior to actions taken at this Board of County
Commissioners meeting, the Appropriated Fund balance is $9,966,083.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-14, amending the
annual budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
6-7-1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
REGULAR
ITEM: 7
DEPARTMENT: County Manager PRESENTER(S): Christine Lenesl~ie
CONTACT(S): Bruce T. Shell
SUBJECT:
Consideration of Proclamation to Recognize October 2008 as "Domestic Violence Awareness Month"
in New Hanover County
BRIEF SUMMARY:
October is National Domestic Violence Awareness Month. Christine Leneskie, Advocatel0utreach
Coordinator for Domestic Violence Shelter and Services, requests the Board to adopt a proclamation to
recognize October 2008 as "Domestic Violence Awareness Month" in New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
7-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
"DOMESTIC VIOLENCE AWARENESS MONTH"
PROCLAMATION
WHEREAS, domestic violence transcends all ethnic, racial and socioeconomic boundaries,
weakening the very core of our community; and
WHEREAS, the effects of domestic violence are far-reaching, forcing battered women and their
children to seek safe shelter, law enforcement prosecutors to expend valuable resources and
families and friends to grieve at the loss of life; and
WHEREAS, 2,120 adults and children sought safe shelter or counseling at the Wilmington
Domestic Violence Shelter and Services in the year 2007; and
WHEREAS, the Wilmington Domestic Violence Shelter and Services, Inc. works toward the
elimination of violence and oppression against women and their children and provides
emergency support and services for victims and survivors of domestic abuse; and
WHEREAS, on Wednesday, September 4, 2002, Gladys Bryant, an employee of New Hanover
County for more than two decades, was killed in an act of domestic violence exhibiting to all her
coworkers and friends, the prevalence of domestic violence and its consequences; and
WHEREAS, many other persons throughout New Hanover County and the United States find
themselves in abusive relationships and need to find security and an end to their physical and
mental attacks.
NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of
Commissioners refuses to tolerate domestic violence in any form and wishes to create a society
that promotes strong values, fosters a safe and loving home environment for every family, and
encourages our citizens to redouble their efforts to obliterate the problem of domestic violence
from our families, our neighborhoods and our community.
BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that
October 2008 be recognized as "Domestic Violence Awareness Month" in New Hanover
County.
ADOPTED this the 6th day of October, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
7-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
REGULAR
ITEM: $
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall
CONTACT(S): Matt Davis & Meg Langston
SUBJECT:
Consideration of Proclamation to Recognize October 5-11, 2008 as "Fire Prevention Week" in New
Hanover County
BRIEF SUMMARY:
New Hanover County Fire Services would like the Board to recognize October 5th - 11, 2008 as "Fire
Prevention Week." The theme this year is "Prevent Home Fires."
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation to recognize October 5 - 1 1, 2008 as "Fire Prevention Week" in New Hanover County.
ATTACHMENTS:
Fire Prevention Week 2008 Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
8-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
"FIRE PREVENTION WEEK"
PROCLAMATION
WHEREAS, the County of New Hanover is committed to ensuring the safety and security of all those
living in and visiting our county; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the
locations where people are at greatest risk from fire; and
WHEREAS, home fires killed more than 2,500 people in the United States in 2006, according to the
latest research from the nonprofit National Fire Protection Association (NFPA), and fire departments in
the United States responded to nearly 400,000 home fires; and
WHEREAS, cooking is the leading cause of home fires and home fire injuries, while heating equipment
and smoking are the leading causes of home fire deaths; and
WHEREAS, New Hanover County's first responders are dedicated to reducing the occurrence of home
Tres and home fire injuries through prevention and protection education; and
WHEREAS, New Hanover County residents are responsive to public education measures and are able to
take personal steps to increase their safety from fire, especially in their homes; and
WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and
will therefore be more likely to survive a fire; and
WHEREAS, the 2008 "Fire Prevention Week" theme, "It's Fire Prevention Week -Prevent Home
Fires!" effectively serves to remind us all of the simple actions we can take to stay safer from fire during
"Fire Prevention Week" and year-round.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that October 5-11, 2008 be recognized as "Fire Prevention Week" in New Hanover County. All citizens
are urged to protect their homes and families by heeding the important safety messages of "Fire
Prevention Week" 2008, and to support the many public safety activities and efforts of New Hanover
County Fire and Emergency Services.
ADOPTED this the 6th day of October, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
8-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
REGULAR
ITEM: 9
DEPARTMENT: County Manager PRESENTER(S): Arlanda Rouse, Cape Fear Public Trannportation
Authority Assistant Director
CONTACT(S): Chris Coudriet, Assistant County Manager
SUBJECT:
Public Hearing
FY 2009 Rural Operating Assistance Program
BRIEF SUMMARY:
This item is a continuation of the FY 2009 Rural Operating Assistance Program which was originally
presented to County Commissioners at the July 21, 2008 meeting and then submitted to NCDOT on July 25,
2008. The annual grant application for $276,336 was approved unanimously by the Commissioners and is
unchanged from the original submission. However, NCDOT is requesting a second public hearing because
the rules require at least a 14 day notice for the public hearing, but the Cape Fear Public Transportation
Authority had done a 13 day notice.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct public hearing.
ATTACHMENTS:
Application Material
Application Material
Application Material
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing.
COMMISSIONERS' ACTIONS:
Conducted public hearing.
Board of Commissioners Meeting
10/06/2008
9-0
Application for Operating Assistance
FY09 Rural Operating Assistance Program Funds
Name of Applicant (County) New Hanover County
County Manager Bruce Shell
County Manager's Email Address bshell@nhcgoV.COm
County Finance Officer Avril Pinder
CFOs Email Address apinder@nhcgov.com
Mailing Address 230 Government Center Drive, Suite 165 Wilmington, NC 28403
Person Completing this
A lication Arlanda Rouse
Email Address arouse@wavetransit.com
phone Number 910-343-0 l06 ext 2051
Supplemental ROAD Funding
Request Included: YeS ~ No^
Application Completed by:
Signature
Application Reviewed by:
Signature
Date:
Date:
Application Instructions
• Read each question carefully. Be sure to answer all the questions.
• Answer questions with complete sentences, providing enough detail to completely answer the
question.
• Click on the gray rectangle and type each answer. If needed, the text will automatically wrap to the
next row. The answer may wrap to the next page if necessary.
• If there are questions regarding this application, contact the NCDOT-PTD Mobility Development
Specialist assigned to the area served by the transit system.
• Outreach and public involvement in the use of the ROAP funds is key to providing service that meets
the needs of individuals within the community. County managers and finance officers are encouraged
to discuss the Limited English Proficiency (LEP) requirements with the local system transportation
directors.
Board of Commissioners Meeting
10/06/2008
9-1-1
I. PROJECT DESCRIPTION FOR FORMULA FUNDS -EDTAP
These funds maybe sub-allocated to the transit system or human service agencies in the county.
EDTAP funds will be used to provide transportation services for elderly and disabled individuals when
other funding sources are not available. If an individual meets the eligibility criteria of both EDTAP and an
agency transportation program, the agency's program funds will be used as long as they are available
before using EDTAP funds.
EDTAP-1 Describe the process for determining which organizations will receive asub-allocation of EDTAP
funds. The response should address:
(1) assessment of needs in the service area
(2) equity in requesting and disbursement of funds
(3) criteria for determining amount of funds sub-allocated to each organization and
(4) proj ected units of service.
(1) Wave Transit serves as a clearing house for most of the transportation services within New Hanover
County, to include mental health, service for the blind transportation, health department, and aging. Many
people from these populations contact Wave for services, at which time Wave assesses the need for para-
transitservices by an application process and a physician evaluation
(2) The disbursement of funds is based upon requests for transportation funds from agencies to NHC
throughout the year.
(3) The organizations will besub-allocated funds based upon the projected number of passenger trips to be
taken by clients.
(4) The units of service are based upon the previous years average passenger costs and units of service.
EDTAP-2 Describe the transportation or other services that will be provided by the transit system or human
service agencies with EDTAP funds (i.e. trips by transit system or private providers, agency staff transportation,
volunteers, mileage reimbursement, etc.)
The transportation services which will be provided with the EDTAP funds will be demand response service
utilizing Wave Transit or local taxi providers. Trips which can not be scheduled with Wave Transit will be
scheduled with local taxi providers.
EDTAP-3 Not all elderly and disabled citizens in the service area are human service agency clients. Describe
efforts to reach out to these citizens who may need transportation to medical appointments, grocery stores or other
destinations. (Public Outreach)
Wave Transit conducts several public outreach sessions per year to inform clients of all services offered by
the organization to include fixed route, pars-transit, blind, and rural services.
EDTAP-4 Describe the process for monitoring the EDTAP Program throughout the year to assure that (1) EDTAP
funded services are provided to elderly and disabled individuals not receiving transportation assistance from
another funding source and (2) that all expenditures are allowable. (See Eligible Transportation Expenses Matrix)
(1) Wave will work with local human service agencies to monitor individuals on the EDTAP program to
ensure that transportation funds are not utilized along with another state funding source. If there is a
discovery of additional funding for individuals, the individuals will be notified and possibly removed from
service.
(2) The expenses will be monitored monthly as invoices are received and compared against the
Transportation Expenses Matrix. If any expense other than a normal transportation cost is incurred, the
expense would require prior approval.
2
Board of Commissioners Meeting
10/06/2008
9-1-2
EDTAP-5 Does the transit system or any human service agency prioritize or restrict EDTAP funded services
based on the purpose, origin or destination of the trip? If yes, describe the prioritization process or restrictions.
There is no prioritization of transportation trips.
EDTAP-6 What is done by the transit system and/or agencies to assure that EDTAP funded services are provided
for as long as possible during FY2008-FY2009?
The funds and number of clients are monitored and assessed monthly. The monthly monitoring allows for
timely adjustments of services if a shortage of funds is projected for the upcoming year.
EDTAP-6a What will the county do to keep the services operating if the EDTAP funds are expended in less than
twelve months?
If EDTAP funding for an agency is expended before the end of the year, then other agencies receiving the
funding from NHC will determine if all of their EDTAP funding will be expended, and transfer funding to
the agency experiencing difficulties.
EDTAP-7 What obj ectives will the county use to evaluate the effectiveness/efficiency of the program?
The objectives that NHC will use will be the following: Determine if a waiting list is present and if so
eliminate the waiting list. Evaluate the average cost of a passenger trip and make an effort to reduce the
average cost of a passenger trip, while increasing the number of passenger trips provided.
EDTAP-7a When will the EDTAP funded services be evaluated?
The EDTAP services are evaluated at least quarterly.
II. PROJECT DESCRIPTION FOR FORMULA FUNDS -Employment
Transportation Assistance Funds
These funds can only be sub-allocated to the Department of Social Services, Workforce Development
Programs and/or the Community Transportation System in the county. Funds can only be transferred to
EDTAP and RGP following certification by the county manager that the employment transportation needs
of the county have substantially been met.
EMP-1 Describe the transportation or other services that will be provided by the transit system or DSS with EMP
funds. (i.e. trips by transit system or private providers, agency staff transportation, volunteers, mileage
reimbursement, automobile repairs, etc.)
The transportation services that will be provided using EMP funds will be work transportation. The service
will be provided for clients which are outside the normal income levels prescribed by the Department Social
Services
EMP-2 Describe the process for monitoring the EMP Program throughout the year to assure that expenses by the
transit system and/or DSS are allowable. (See Eligible Transportation Expenses Matrix)
The expenses will be monitored on a monthly basis by ensuring that clients meet the criteria for the
program and utilized the transportation to go to work.
EMP-3 What is done by the transit system and/or DSS to assure that EMP funded services are provided for as long
as possible during FY2008-FY2009?
The numbers of clients on the program are monitored closely, and the funding for the program monitored
to ensure the maximum use of funds.
EMP-3a What will the county do to keep the services operating if the EMP formula allocation is expended in less
Board of Commissioners Meeting
10/06/2008
9-1-3
than twelve months?
NHC will ensure that the Finance Director is aware of the funding for the program, and will make a
determination for additional services when and if the funding is completely expended before the 12 month
period.
EMP-4 Describe the process for determining when it is appropriate or necessary to transfer EMP funds to EDTAP
or RGP funds as allowed in the program guidelines?
The process to determine when it is necessary to transfer funds is made at the end of the year or when all
funds for a particular program are exhausted. The amount of remaining funds from other programs is
evaluated and a determination is then made whether to transfer the funds at that time.
EMP-5 Define the objectives that the county will use to evaluate the effectiveness/efficiency of the program?
The objectives that the county will use to evaluate the effectiveness of the program are average cost per
passenger and the passengers per mile. The costs per passenger should not be excessively higher than the
average costs per passenger for other agency trips. The number of passengers per mile should not be
significantly lower than other agency trips.
EMP-Sa When will the EMP funded services be evaluated?
The services will be evaluated at least uarterl
EMP-6 Describe the public outreach efforts for this program.
Public outreach efforts will be conducted b the Wave staff throw h civic events and ublic meetin s.
III. PROJECT DESCRIPTION FOR FORMULA FUNDS -Rural General Public
Funds
These funds are intended to provide transportation services for individuals who are not human service
agency clients. These funds can only be sub-allocated to the community transportation system.
RGP-1 Describe the process for (1) assessing transportation needs in the service area and (2) determining the
projected units of service.
The trans ortation needs in the service area are bein assessed usin revious ears assen er fi ures.
RGP- 2 Describe the transportation services that will be provided with RGP funds and the geographic area in
which the services will be provided.
The services that will be provided with RGP funds are rural fixed route services to Castle Hayne and
Monkey Junction.
RGP- 3 Will a passenger pay a fare for RGP service?
Yes ^ No
4
Board of Commissioners Meeting
10/06/2008
9-1-4
RGP- 4 Describe the process for monitoring the RGP Program throughout the year to insure that all expenses by
the transit system are allowable? (See Eligible Transportation Expenses Matrix)
The RGP program will be monitored monthly by comparing all expenses to the allowable expenses listed on
the Transportation Expenses Matrix.
RGP- 5 Describe how the local match requirement for RGP funds will be met.
The local match requirement will be met by local fares and by local contributions from NHC government.
RGP-6 Does the transit system prioritize or restrict RGP funded services based on the purpose, origin or
destination of the trip? If yes, describe the prioritization process or restrictions.
There are no restrictions on the services offered.
RGP-7 What does the transit system do to assure that RGP funded services are provided throughout FY09 with
these funds?
The system ensures that the services are offered as part of its normal fixed route service to the rural areas.
The services will be funded with other funding sources to ensure that the services are provided throughout
the entire year.
RGP-8 What will the county do to keep the services operating if the RGP funds are expended in less than twelve
months?
If the RGP funds are expended before the 12 month period the NHC Government will address the concerns
at that time. The transportation authority will make a request to county commissioners for additional
funding, and the commissioners will make a decision based upon budgetary constraints at the time of the
request.
RGP-9 What objectives will the county use to evaluate the effectiveness/efficiency of the program? When will the
RGP funded services be evaluated?
The county will evaluate a program to ensure that the average number of passengers traveling on the
programs increases each year
RGP-10 Describe public outreach efforts for this program.
The program is marketed along with other bus routes. It is also discussed when Wave staff members attend
public outreach sessions.
IV. PROJECT DESCRIPTION SUPPLEMENTAL ROAD Funds
Complete responses to the following questions are necessary to make an assessment of the eligibility of the
proposed service. Incomplete responses will delay PTD review of the application.
Describe the proposed new or expanded service? (demand response/subscription/fixed route; within or outside
normal service area, i.e. out of county employment route; days and hours of operation; service area; fare structure;
provision of gas vouches, volunteer reimbursement, etc.) Describe each program separately.
5
Board of Commissioners Meeting
10/06/2008
9-1-5
SuppEDTAP -The supplemental EDTAP funds will be used to provide transportation services to elderly
individuals in the out lying areas such as the beach communities of New Hanover County. The supplemental
funds will be used to provide additional services to individuals not currently receiving services and are part of a
waiting list to receive services or are in areas not previously served with transportation services.
SuppEMP -These funds will be used to serve the EMP individuals which are excluded from transportation
services because their income levels are outside the of the normal income ranges. Individuals are normally
allowed employment services for 30 days, and these funds will allow NHC to extend additional services to
these individuals seeking employment, as well as offer additional services to more individuals.
SuppRGP -The RGP service will be expanded to include weekend service to the Monkey Junction area on both
Saturday and Sunday.
How were the projected units of additional service with supplemental EDTAP, Employment and RGP funds
determined? What will be done to assure that the service to be provided throughout the twelve months of FY08-
09. ~CT System requirement. DeSCrlbe each program Separately. See the Supplemental ROAD Sub-allocation Worksheet in
Appendix B
SuppEDTAP -The supplemental EDTAP units of service were calculated using the average cost of service
for EDTAP clients, and dividing that figure by the total amount of funds available
SuppEMP -These costs were determined by using the average number of passenger trips taken by clients
and dividing the totals by the number of units that were available.
SuppRGP -The units of service were determined by the average number of passengers per hour on each of
the bus routes. The cost of the service was then divided by the cost per service hour, and multiplied by the
average number of passengers per hour.
The supplemental EDTAP, Employment and RGP funds must be used to provide an increased level of service,
including serving eligible individuals not currently served by the regular ROAP program. Describe how the
agencies that receive the supplemental funds will notify eligible users about the new Supplemental EDTAP funded
service. Be specific. Describe each program separately.
SuppEDTAP -There is currently limited service in the northern portions of New Hanover County and the
supplemental funds allocated to Wave Transit will be used to provide service to individuals in that area.
NHC Dept of Aging will use the funds to transport seniors to their center two additional days each week so
that seniors can participate in activities which will improve their quality of life
SuppEMP -The users of these funds will be notified by social workers when the funds become available.
SuppRGP -The supplemental RGP funds will be used to supplement the weekend service for the Monkey
Junction route.
Describe in detail efforts made to reach out to the community to make them aware of the additional funding and to
identify service needs beyond those currently provided with the formula allocation.
Several Wave Transit staff members and Dept of Aging staff members reach out to community members
and inform them about the benefits of transit through community meetings and through the local public
access channel.
Describe how the Supplemental ROAP funded services will be monitored throughout the year to assure that
services are provided to eligible individuals and expenses and service statistics are tracked separately from the
regular ROAP program.
The funds will be monitored alon with re ular ROAP funds, which will mean that the will be reviewed
6
Board of Commissioners Meeting
10/06/2008
9-1-6
monthly, and analyzed for efficiency at least quarterly.
What objectives will the county use to evaluate the effectiveness/efficiency of the supplemental funded services?
When will these services be evaluated?
The objectives which will be used are the total number of passenger trips provided by the service. The
county will try to ensure that the number of passenger trips provided using the supplemental funds
continues to increase each year.
Board of Commissioners Meeting
10/06/2008
9-1-7
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9-2-2
CERTIFIED STATEMENT
FY09
County of New Hanover
RURAL OPERATING ASSISTANCE PROGRAM
Whereas Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina
have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for
administering all federal and/or state programs related to public transportation, and grants NCDOT authority to
do all things required in applicable federal and/or state legislation to properly administer the public
transportation programs within the State of North Carolina;
WHEREAS, G.S. 136-44.27 established the Elderly and Disabled Transportation Assistance Program;
WHEREAS, funds will be used for transportation related expenditures as specified in the FY09 Rural
Operating Assistance Program (ROAP) application;
WHEREAS, information regarding use of the funds will be provided at such time and in such a manner as
NCDOT may require;
WHEREAS, it is the policy of the North Carolina Department of Transportation that Disadvantaged Business
Enterprises, Minority Owned Business Enterprises and Women Owned Business Enterprises shall have the
opportunity to participate in the performance of contracts financed in whole or part by Federal and State funds
in order to create a level playing field, and the county shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract.
WHEREAS, ROAP funds will be used to provide eligible services during the period July 1, 2008 through June
30, 2009;
WHEREAS, any interest earned on ROAP funds will be expended for eligible program uses as specified in the
ROAP application; and
WHEREAS, the County will include ROAP funds received and expended in its annual independent audit on
the schedule of federal and state financial assistance. Funds passed through to other agencies will be identified
as such.
This is to certify that the undersigned is duly elected, qualified and acting chairperson of the Board of
County Commissioners of the County of New Hanover North Carolina, and that the following
statements are true and accurate:
Elderly and Disabled Transbortation Assistance Program
1. The funds received from G.S. 136-44.27 will be used to provide transportation services for the elderly and
disabled allowing individuals to reside for a longer period in their homes, thereby enhancing their quality
of life.
2. The funds will not be used to supplant or replace existing federal, state or local funds designated to provide
elderly and disabled transportation services in the county.
ETyment Transportation Assistance Program
1. The purpose of these transportation funds is to assist transitional Work First participants after eligibility for
cash assistance has concluded, participants in local Workforce Development Programs, and/or the general
public with employment-related transportation needs
Board of Commissioners Meeting
10/06/2008
9-3-1
2. The funds are limited to use by the local Department of Social Services, Work Force Development
Program or the community transportation system.
3. The funds may be transferred to the Elderly and Disabled Transportation Assistance Program or the Rural
General Public Program after an assessment of employment transportation needs in the service area
indicates that employment transportation needs are substantially being met. This assessment will occur
prior to any transfer of funds and following submission of a statement to that effect from the County
Manager to the Public Transportation Division.
Rural General Public Program
1. The funds are limited to use by the community transportation system
2. The funds will not be used to provide human service agency trips.
WITNESS my hand and official seal, this day of 20
Attest:
Signature, Certifying Official
State of North Carolina
County
Affix Seal Here
Signature, Board of County Commissioners
Chairperson
Signature, County Manager/Administrator
*Note that the Certifying Official, Board of County Commissioners Chairperson, and County
Manager/Administrator must be three separate individuals.
Board of Commissioners Meeting
10/06/2008
9-3-2
Appendix C
Public Hearing Notice
This is to inform the public of the opportunity to attend a public hearing on the proposed Rural Operating
Assistance Program (ROAP) application to be submitted to the North Carolina Department of Transportation
no later than July 27, 2008 by the county of New Hanover. The public hearing will be held on July 21, 2008
at 9:OOam at the regular meeting of New Hanover County Board of Commissioners in the New Hanover
County Courthouse located at 24 N. Third Street. New Hanover County will provide auxiliary aids and
services under the ADA for disabled persons who wish to participate in the hearing. Anyone requiring special
services should contact Arlanda Rouse as soon as possible so that arrangements can be made.
The programs included in the Rural Operating Assistance Program application are:
1. Elderly & Disabled Transportation Assistance (EDTAP) Program provides operating assistance for the
transportation of elderly and disabled citizens. This transportation assistance allows for the individual to
reside for longer periods in their homes, thereby enhancing their quality of life. For the purpose of
EDTAP, an elderly person is defined as one who reaches the age of 60 or more years. A disabled person is
defined as one who has a physical or mental impairment that substantially limits one or more major life
activity, an individual who has a record of such impairment, or an individual who is regarded as having
such impairment.
2. Employment Transportation Assistance Program is intended to provide operating assistance for transitional
Work First, Workforce Development Programs and general public employment transportation needs.
These funds are used to support the employment transportation needs of individuals that are not eligible to
receive benefits from the Temporary Assistance for Needy Families (TANF) program.
3. Rural General Public (RGP) Program funds are intended to provide transportation service to individuals
who are not human service agency clients.
The period of performance for Rural Operating Assistance Program funds is July 1, 2008 through June 30,
2009. The FY09 ROAP individual program totals are:
PROGRAM TOTAL
EDTAP $141,449
EMP $27,126
RGP $107,761
TOTAL $276,336
This application maybe inspected at the Cape Fear Public Transportation Authority office located at 190
Division Drive from B:OOam - 4:OOpm Monday -Friday. Written comments should be directed to Arlanda
Rouse, Assistant Transit Director, P.O.2258 Wilmington, NC 28402, before Jul 18, 2008 (date).
Note: An original copy of the published Public Hearing Notice must be attached to a signed Affidavit of
Publication. Both the Public Hearing Notice and the Affidavit of Publication must be submitted with the
Rural Operating Assistance Program application.
Board of Commissioners Meeting
10/06/2008
9-3-3
Appendix C-1
Documentation of Public Hearing Process
DATE:
PLACE:
SUBJECT:
BOARD MEMBERS PRESENT:
MEMBERS OF PUBLIC IN ATTENDANCE (the number):
Must submit copy of sign-in sheet and original Voluntary Title VI Participation Forms
Provide an overall assessment of the public comments that were made, if any. Check here if none ^
COMMENTS:
Board of Commissioners Meeting
10/06/2008
9-3-4
Documentation of Outreach Efforts
Provide a detailed description of outreach meetings and other efforts (including date, time, and
location) held within the transportation service to be served with FY 08-09 ROAP funds. Outreach
efforts must be conducted and documented by the applicant as to how the public and populations
being served (includin minority, women, elderly, disabled, Limited English Proficienc~(LEP), low
income, and non human service individuals) were informed about the availability of funds and the
public hearing on the ROAP grant.
Type narrative description in gray box
Wave Transit conducted several outreach meetings with the public throughout the FY 2008-09. They
informed the public about services offered by Wave Transit, and how they could benefit from these
services.
Check only one
Organizations I
Events
Date
Time
Location
Number of
Attendees
Primary*
Audience System Initiated
Meeting Response
to an
invitation
1 Wave Transit April 24,
2008 12:OOpm 1110
Castle St 65 General
Public ® ^
2 Wave Transit May 1,
2008 12:OOpm 1110
Castle St 55 General
Public ® ^
3 Soloman
Towers April 28,
2008 4:OOpm 15 Caslle
St 30 Elderly ^
4 NHC Dept of
Aging May 14,
2008 10:30am 2222
College
Rd 16 Elderly ^
5 Wave Transit November
13, 2007 6;OOpm 24 N.
Third St 10 General
public ® ^
6 Festival Latino November
3, 2007 10:00am Hugh
McRae
Park 1100 Minoru
y ^
7 Wave Transit November
15, 2007 12:OOpm 1110
Castle St 15 General
Public ® ^
8 ^ ^
9 ^ ^
10 ^ ^
11 ^ ^
12 ^ ^
13 ^ ^
14 ^ ^
15 ^ ^
Primary audience
• Elderly
• Disabled
• Limited English Proficiency
• Minority
• General Public
• Low Income
Board of Commissioners Meeting
10/06/2008
9-3-5
Appendix E
Eligible Transportation Assistance Expenses
Trip Based Services -Trips may beprovided bycar/vanpool, taxi, public transit vehicle, private transit
vehicle, agency vehicle or mileage reimbursement to a volunteer. The most cost-effective option should be chosen.
Public /Private transportation providers shall be reimbursed based on the fully allocated cost per mile, per hour, or
per passenger trip. Volunteers can be reimbursed for mileage only. If a human service agency uses an agency
vehicle to provide the trip, the agency must include the fully allocated cost of a trip in their reimbursement request
including fuel, staff time and benefits, depreciation, vehicle insurance and licensing.
Trip Purpose EDTAP NCDOT EMP RGP
Personal care, non-emergency
medical appointments, pharmacy
pickup, shopping, bill paying, Yes NO Yes
public hearings, committee
meetings, classes, banking, etc.
Job fair attendance, job readiness yes Yes Yes
activities or training
Transportation to Workplace
(trip must be scheduled by the Yes Yes Yes
individual passenger)
Child(ren) of Working Parent NO Yes Yes
transported to Child Care
Group field trips/tours to Yes NO ~
community special events
Overnight trips to out-of county yes NO ~
destinations
Human Service Agency Yes NO Yes
appointments
Other Services -Includes expenses incurred transporting a passenger to a destination without using a public
transit system, private transit or agency vehicle.
Other Services EDTAP NCDOT EMP RGP
Fuel (gas voucher, gas card, Yes Yes Yes
reimbursement to fuel provider)
Maintenance Repairs to personal NO Yes NO
cars (must own the car).
Personal car insurance
1 time payment that can cover NO Yes NO
needs up to 3 months.
~' Must be rovided under the rovisions of the federal Charter re ulations which can be viewed at
p A g
http://www.fta.dot.~ov/laws/lei reg 179.html
Board of Commissioners Meeting
10/06/2008
9-3-6
Voluntary Title VI Public Involvement
Title VI of the Civil Right's Act of 1964 requires North Carolina Department of Transportation to
gather statistical data on participants and beneficiaries of the agency's federal-aid highway programs
and activities. The North Carolina Department of Transportation collects information on race, color,
national origin and gender of the attendees to this public meeting to ensure the inclusion of all
segments of the population affected by a proposed project.
The North Carolina Department of Transportation wishes to clarify that this information gathering
process is completely voluntary and that you are not required to disclose the statistical data
requested in order to participate in this meeting. This form is a public document.
The completed forms will be held on file at the North Carolina Department of Transportation. For
Further information regarding this process please contact Sharon Lipscomb, the Title VI Manager at
telephone number 919.508.1830 or email at slipscomb@ncdot.gov.
Project Name: Date:
Meeting Location:
Name (please print) Gender:
^ Male ^ Female
General ethnic identification categories (check one):
^ Caucasian ^ Hispanic American ^ American Indian/Alaskan Native
^ African American ^ Asian/Pacific Islander Other:
Color: National Origin:
After you complete this form, please fold it and place it inside the designated box on the registration
table.
Thank you for your cooperation.
Board of Commissioners Meeting
10/06/2008
9-3-7
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
REGULAR
ITEM: 10
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe
CONTACT(S): Jane Daughtridge
SUBJECT:
Public Hearing
Text Amendment (A-374, 8/08) -Request by Staff to Amend Section 67-9 of the Zoning Ordinance to
Discourage Clear-Cutting of Land
BRIEF SUMMARY:
The change would clarify that permits or certificates of exemption are required before cutting regulated trees.
A 3-S year waiting period will be required before building permits are issued if tree clearing occurs without
obtaining a permit or an exemption. At its September 4, 2008 regular meeting, the Planning Board voted 6-0
to recommend approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 "describing whether the action
is consistent with an adopted comprehensive plan and explaining why the board consideres the action taken
to be reasonable and in the public interest."
Staff Recommends: Motion to approve, finding that the amendment is:
1. Consistent with Policy 2.6 of the CAMA Land Use Plan, and
2. Reasonable and in the public interest to clarify the permitting requirements for tree
removal.
ATTACHMENTS:
A-374 Staff Summary
A-374 LUP Policy
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
10-0
A-374 8/08
TEXT AMENDMENT
PLANNING BOARD ACTION: The Planning Board discussed this issue at the June
18th work session, the August 7th regular meeting and the August 27, 2008 work session.
At its September 4, 2008 regular meeting, the Board voted 6-0 to recommend approval.
Only one person spoke. Tyler Newman of BASE/CFHBA commented that their questions
had been answered in the latest version and through meeting with staff.
HISTORY:
Our current requirements apply when a development proposal of some sort is advanced
for consideration. There is no section that clearly prevents cutting of trees prior to a
development proposal unless a land disturbance permit is required. Unfortunately, the
pace of growth in recent years and the lack of adequate protection against clear-cutting
have resulted in an escalated loss of significant trees in advance of development
proposals.
In accordance with implementation strategy 2.6.2 of the Land Use plan, in order to
reduce the loss of significant trees during harvests in advance of development proposals,
staff recommends the amendment.
~ This new section does not stop people from cutting trees to sell, it just requires
them to get a permit, leave a perimeter buffer and save significant trees.
This new section does not interfere with forestry activities for land that is use-
valuedfor that purpose or that has a forestry management plan.
This new section does not change existing requirements associated with
development proposals.
The "bottom line" is if you are not one of the very limited exempt situations, you need a
permit before you cut regulated trees.
NEW SECTION (to be located in front of the current Landscaping Section 67. That
Section would then be renumbered 67B):
Section 67A: TREE RETENTION
67A-1: Purpose
New Hanover County enthusiastically supports new development that protects and
preserves the natural assets which make our area so desirable as a place to live, work and
recreate. Old growth native species trees are an important natural asset.
The County recognizes the value and benefit of mature trees in protecting, preserving and
enhancing quality of life for present and future citizens. Some of the many benefits of
tree preservation include:
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~ Conservation of energy by shading buildings and paved surfaces
~ Filtering of airborne pollutants
~ Removal of atmospheric carbon dioxide
~ Reduction of stormwater runoff
~ Slowing of flood waters
~ Recharging of groundwater
• Protecting the cultural and historic character of the area
~ Increasing the value of homes and businesses
Certain trees have been determined to be "significant" to our area and therefore are
protected.
67A-2 Tree Removal in General
The removal of significant or regulated trees on any lot or parcel requires a tree removal
permit or a letter of exemption from the County Zoning Administrator. For particular
requirements when clearing occurs in conjunction with development proposals, see
Section 67B-9 of this ordinance. When tree removal is proposed without a companion
development proposal, the following shall apply:
67A-2.1 Application
Application for a timber harvest permit must include a tree survey indicating the details
outlined in 67B-8(4)(C) or proof of exemption in accordance with NCGS 153A-452 as
outlined in section 67A-2.3.
67A-2.2 Regulated Trees to be retained
Regulated trees must be retained and protected during the permitted tree harvest within a
fifty (50) foot perimeter of the property. All Significant trees shall be retained.
67A-2.3 Exemptions
(A) Properties which are use-valued for forestry or those for which a forestry
management plan prepared by a registered consulting forester is presented. To
qualify for exemption, a forestry management plan shall ensure the proper
regeneration of forest stands to commercial levels after the harvest of timber.
(B) Any lot of record as of the adoption date of this ordinance which is less than one
acre in size and which is located in a residential zoning district shall be exempt
from the provisions of this section.
67A-2.4 Tracking
(A) The Zoning Administrator will forward copies of tree removal permits or letters
of exemption to the Planning Director.
(B) Any property proposal which requires subdivision approval, building permit
approval or commercial or special use site plan approval, and all proposals for
rezonings will be required to submit with the application, a copy of any approved
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tree removal permit or letter of exemption issued within three years prior to the
application date.
67A-3 Penalty-Withholding of Permits
After the date of adoption of this section, failure to obtain a tree removal permit from
New Hanover County prior to removal of any regulated or significant tree or any timber
harvest on property will result in the following:
(A) A building permit, site plan approval or subdivision plan approval shall be denied,
subject to the following:
(1) a period of three (3) years after the completion of a timber harvest if the
harvest results in the removal of all or substantially all regulated or
significant trees from the tract; or
(2) a period five (5) years after the completion of a timber harvest if the
harvest results in the removal of all or substantially all of the regulated or
significant trees from the tract if the harvest was a willful violation of
County regulations.
(B) This enforcement provision shall run with the land. Therefore, change of
ownership does not alleviate the penalty for unauthorized cutting of trees.
Article 2 -Definitions:
Forest Management Plan - a document that defines a landowner's forest management
objectives and describes specific measures to be taken to achieve those objectives. The
plan shall be prepared by a licensed forester and shall include silviculture practices that
both ensure optimal forest productivity and environmental protection of land. (NC
Division of Forest Resources and NC Cooperative Extension Service can provide
educational materials and lists of licensed foresters.)
Regulated trees -those trees of the size, species and location to be protected under the
development provisions of the Landscaping section of the ordinance 67B-3(1)(A) and
(B).
Significant Tree -Any hardwood tree or coniferous tree with a diameter at breast height
(DBH) equal to or greater than 24 inches or any dogwood, American holly, or other
flowering tree with a DBH equal to or greater than 8" (See Article II, Section 23).
Timber Harvest -The felling, loading, and transportation of forest products, roundwood
or logs (Source: NC Division of Forest Resources).
Use Value -The North Carolina General Assembly enacted the "Land Use Program,"
which allows reduced tax values for individually owned property used for certain
purposes, including forestry. Basic eligibility requirements are forestland consisting of
one or more tracts, one of which consists of at least 20 acres that is in actual production
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and are not included in a farm unit. A forestry management plan is required. (Contact
NHC Tax Administration for more information.)
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Policy 2.6 Ensure the protection of trees and the provision of adequate
landscaping to address urban design and resource protection
issues and encourage the use of native vegetation in landscaping
through updating of City and County development ordinances
and processes and establishment of a joint City-County Tree
Advisory Commission.
Implementation Strategies for Policy 2.6
2.6.1 Establish a joint City-County Tree Advisory Commission to develop
City and County recommendations and ordinances addressing urban
design and tree protection.
2.6.2 Develop standards that prohibit clear-cutting and allow only clearing of
trees necessary for construction activities.
2.6.3 Develop guidelines and incentives for use of native vegetation in
landscaping.
2.6.4 Utilize the UDO Oversight Committee recommendations for revisions to the
landscaping and tree protection code to update the County Code.
Board of Commissioners Meeting
10/06/2008
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
REGULAR
ITEM: 11
DEPARTMENT: Planning PRESENTER(S): Shawn Ralston, Senior Environmental Planner
CONTACT(S): Shawn Ralston, Dave Weaver
SUBJECT:
Presentation of Low Impact Development (LID) Project Encouraging Additional Tools to Manage
Stormwater Runoff and Protect Water Quality and Adoption of Resolution Encouraging the Use of
LID Techniques
BRIEF SUMMARY:
The County is committed to implementing the policies and strategies within our LAMA land use plan as a
means of maintaining and restoring water quality. Toward that goal, there are five implementation strategies
within the LAMA land use plan that indicate that local standards and guidelines should be changed to
incorporate Low Impact Development (LID) techniques to protect water quality. Low Impact Development
is an approach to site development and Stormwater management that seeks to minimize development impacts
to the land and water resources. Over the past year, as documented in the attached memo, County Planning
Staff has been working with a local steering committee and City Planning staff to develop an LID manual
and spreadsheet modeling tool. These tools will encourage and allow for LID technologies as an alternative
and voluntary option for developers to satisfy stormwater requirements and watershed goals. The steering
committee has included representation and support from local interest groups, including the development
community. The Planning Board has approved this work. A copy of the LID manual and worksheet is
available for review in the Commissioners' Office. An attached memo provides more detail.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt a resolution accepting the Low Impact Development Manual thereby encouraging developers and
engineers to utilize LID techniques as an alternative and voluntary option to comply with local, state, and
federal water quality requirements.
ATTACHMENTS:
Executive Summary of LID Project
LID Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation. Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
10/06/2008
11-0
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New Hanover County
Planning Department
Chris O'Keefe
Planning Director
MEMO
DATE:
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FROM:
SUBJECT:
New Hanover County Government Center
230 Government Center Drive, Suite 150
Wilmington, NC 28403
P 910.798.7165
F 910.798.7053
September 9, 2008
New Hanover County Board of Commissioners
Shawn Ralston, Senior Environmental Planner
Executive Summary of Low Impact Development Project
Water quality that meets designated standards, and thriving fisheries and shellfish waters,
are important factors in sustaining quality of life, the unique character of our community and
continued economic growth. While protecting water resources is a difficult challenge, the
County is committed to implementing our stormwater management policies, as well as the
Coastal Area Management Act (LAMA) Land Use Plan, as a means to maintain and restore
water quality. Within the 2004 update of the LAMA Land Use Plan, there are five
implementation strategies that indicate that local standards and guidelines must facilitate the use
of Low Impact Development (LID) technologies in order to meet our water quality goals.
Low Impact Development (LID) is an approach to site development and stormwater
management that emphasizes the integration of site design and planning techniques that conserve
natural systems and the hydrologic functions of a site. The LID approach is focused toward
restoring and optimizing the land's ability to absorb water, capture pollutants and process
pollutants in the landscape. It is a decentralized approach where small-scale techniques are
distributed and integrated throughout the site to retain, detain, treat, and utilize runoff in a
manner that more closely mimics the natural water balance of the land in its pre-developed
condition. LID is not a land use control approach that reduces development potential - it is a
stormwater technology that may be integrated into development practices to reduce
environmental impacts.
New Hanover County -City of Wilmington LID Project
Through a project funded by a grant from the National Oceanic and Atmospheric
Administration (NOAA), several public and private partners including New Hanover County, the
City of Wilmington, North Carolina Coastal Nonpoint Source Pollution Program of the Division
of Water Quality, and the North Carolina Coastal Federation embarked on an ongoing effort to
encourage and allow for LID technologies as an alternative and voluntary option for developers
to satisfy stormwater requirements and watershed goals.
The ultimate scope of the project included the following:
1. Review of current ordinances to determine the existence of any roadblocks.
2. Comprehensive review of LID principles and practices to determine appropriateness for
coastal application.
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3. Guidance on LID technologies compliant with local and State requirements.
4. Preparation of an LID manual and resolution to enable developers to use LID on a
voluntary basis.
5. Distribution of educational and outreach materials.
6. Development of an LID spreadsheet modeling tool to aid engineers, planners, and
developers with design and permitting of LID projects.
Larry Coffman, a national LID consultant, provided the initial technical support for the
LID project and prepared the first drafts of the LID guidance manual. County and City Planning
staff completed the remainder of the work on the LID manual with the support and ongoing
assistance of an LID steering committee that was first assembled in January 2007. The LID
steering committee met over the course of 1-1 /2 years to provide comments and input during all
stages of the process to develop the LID manual. The members of the steering committee
included the following:
Benjamin Adei, City of Wilmington Stormwater Services
Sam Burgess, New Hanover County Planning
Richard Collier, McKim and Creed
Melanie Cook, Coastal Carolina Tomorrow
Jane Daughtridge, New Hanover County Planning
Carey Disney-Ricks, Wilmington Regional Association of REALTORS
Bryan Greene, Cape Fear Commercial
Don Hamilton, Southwind Surveying & Engineering
Ann Hines, New Hanover County Zoning
Patricia Hughes, NCDENR, Coastal Nonpoint Source Pollution Program
Jim Iannucci, New Hanover County Engineering
Lauren Kolodij, North Carolina Coastal Federation
Lisa Manning, Cavanaugh and Associates, P.A.
David Mayes, City of Wilmington Stormwater Services
Shelly Miller, New Hanover Soil and Water Conservation District
Tyler Newman, Wilmington-Cape Fear Home Builders
Chris O'Keefe, New Hanover County Planning
Phil Prete, City of Wilmington Environmental Planning
Spruill Thompson, Cape Fear Commercial
Cameron Weaver, NCDENR - DWQ
Cindee Wolf, Withers & Ravenel
Kenneth Wrangell, Wrangell Homes
The finished product includes a technical manual that allows for cutting edge Stormwater
management techniques and a spreadsheet modeling tool that helps engineers and developers
permit proj ects when utilizing LID techniques. By distributing the manual and spreadsheet, the
County and City will be educating the development community with regard to this important tool
for managing Stormwater runoff, and encouraging the use of LID techniques to protect the
overall environmental quality and character of established communities and developing areas in
New Hanover County.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION
ENCOURAGING THE USE OF LOW IMPACT DEVELOPMENT TECHNIQUES
WHEREAS, stormwater runoff from roofs, roadways, parking lots, lawns and other surfaces may be polluted with toxic
metals, organic compounds, excessive nutrients and bacterial and viral pathogens that can be a significant cause of water
pollution with the potential to harm human health, degrade shellfishing waters, restrict recreational uses, and adversely affect
economic development; and
WHEREAS, New Hanover County recognizes the limitations of conventional stormwater approaches and encourages the use
of Low Impact Development (LID) techniques to mitigate the impacts of stormwater runoff; and
WHEREAS, LID is an array of site planning techniques, pollution prevention measures, and engineered treatment practices
that can be applied to projects at the individual lot level or across major residential or commercial developments to mimic
natural features and predevelopment hydrology; and
WHEREAS, LID stormwater management options have been found to help protect and restore streams, wetlands, and other
natural aquatic systems; and
WHEREAS, New Hanover County, in collaboration with the City of Wilmington, produced a Low Impact Development
Guidance Manual ("LID Guidance Manual") that contains detailed guidance on how to design, construct and maintain LID
practices; and
WHEREAS, adoption of the LID Guidance Manual will provide the County with important stormwater management
alternatives that may be used instead of or in conjunction with conventional stormwater management techniques; and
WHEREAS, adoption of the LID Guidance Manual, as an optional alternative to conventional stormwater management
techniques, will allow LID to be used in development projects within the County; and
WHEREAS, the New Hanover County Board of Commissioners finds that it is in the best interest of the public to protect the
natural environment.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners finds the above recitals
incorporated herein as findings and conclusions as if set forth in full; and
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners hereby adopts the LID Guidance
Manual as an additional resource to assist development to comply with County stormwater requirements; and
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners encourages applicants to use the LID
Guidance Manual as a means to comply with local, state, and federal water quality requirements; and
BE IT FURTHER RESOLVED that the New Hanover County Board of Commissioners urges the North Carolina Department
of Environment and Natural Resources to facilitate and expedite permitting of development projects that apply the principles of
LID as presented in the LID Guidance Manual.
ADOPTED this the 6~ day of October, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: October 6, 2008
ADDITIONAL ITEMS
ITEM: 12
DEPARTMENT: Governing Body PRESENTER(S): Chairman Robert G. Greer
CONTACT(S): Sheila L. Schult
SUBJECT:
Consideration of a Proclamation to Terminate the State of Emergency Proclaimed on September 4,
2008
BRIEF SUMMARY:
The New Hanover County Board of Commissioners proclaimed a local state of emergency for New Hanover
County on September 4, 2008 due to the possible impact of Tropical Storm Hanna. The Board is now asked
to consider terminating the state of emergency.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Emergency Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
2~0 GOVERNMENT CENTER DRIVE, SUITE ~ 7S WILMINGTON, NC 28A~0~
(9~0~ 798749 • (9~0~ 7987~45FAX • WWW.NHGGOV.COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner • William A. Kopp, Commissioner • Nancy H. Pritchett, Commissioner
~~~
Sheila L. Schult, Clerk to the Board
TERMINATION OF STATE OF EMERGENCY
IN THE COUNTY OF NEW HANOVER
WHEREAS, on September 4, 2008, the New Hanover County Board of Commissioners determined
and proclaimed a local state of emergency for the County of New Hanover; and
WHEREAS, the state of emergency was enacted due to the possible impact of Tropical Storm
Hanna on New Hanover County and was effective on Friday, September 5, 2008 at 6:00 a.m.; and
WHEREAS, New Hanover County Board of Commissioners has determined that a state of
emergency no longer exists in the County of New Hanover;
NOW, THEREFORE BE IT RESOLVED, that the above-referenced proclamation of a local state
of emergency and all of the restrictions and orders therein are hereby terminated effective October 6,
2008 at midnight.
Adopted this the 6th day of October, 2008.
Robert G. Greer, Chairman
Sheila Schult, Clerk to the Board
Board of Commissioners Meeting
10/06/2008
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