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Agenda 2008 10-20AGENDA ~~ ,' ~ ~~' } ~ lr6 ap ~ ~` ,. A ,p 3 ~ '@"~ -~ ~. '~~ m ~ ~ I" r' '" T °. ,~ . r,. NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G. GREER, CHAIRMAN • WILLIAM A. CASTER, VICE-CHAIRMAN TED DAMS, JR., COMMISSIONER • WILLIAM A. KOPP, COMMISSIONER • NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY ~ SHEILA SCHULT, CLERK TO THE BOARD OCTOBER 20, 2008 9:00 A.M. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION (Reverend Steve Hein, St. Andrews-Covenant Presbyterian Church) PLEDGE OF ALLEGIANCE (Commissioner Nancy H. Pritchett) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Approval of 2009 Board Meeting Calendar 4. Approval to Submit a Senior Health Insurance Information Program (SHIIP) Grant Application 5. Approval to Submit a Grant Application to the Champion McDowell Charitable Foundation 6. Approval of FY 08-09 JCPC Budget: Additional Funds 7. Approval to Dispose of Surplus Property According to Procedures Outlined in Chapter 160 Article 12 8. Approval to Submit a Lowe's Heroes Grant Application 9. Approval of Local Firemen's Relief Fund Trustee Appointments 10. Approval to Award Bid for Enterprise Backup Solution to VSS 11. Approval to Accept the FY2008 Department of Homeland Security (DHS) Grant Award for the Local Explosives Ordinance Disposal (EOD) Team 12. Approval to Apply for a Grant with the North Carolina Governor's Highway Safety Program (GHSP) for 2009 Funding for an Information Technology Project 13. Approval to Accept Pressure Washer, Trailer, and Water Tank for Graffiti Removal 14. Approval of Release of Tax Value 15. Approval of Release of Taxes Barred by GS 105-378 16. Adoption of a Gross Receipts Tax Resolution on Heavy Equipment in Lieu of Property Taxes 17. Adoption of Ordinances for Budget Amendments ESTIMATED TIMES RE LAR A ENDA ITEM F B I E GU G S 0 USN SS 9:10 a.m. 18. Presentation of Employee Service Awards and Introduction of New Employees 9:25 a.m. 19. Consideration of a Resolution Supporting Wilmington Downtown, Inc.'s Request to the Alcohol Beverage Control Commission 9:35 a.m. 20. Public Hearing Regarding the Issuance of Hospital Revenue Bonds in an Board of Commissioners Meeting 10/20/2008 Aggregate Principal Amount Not to Exceed $40,000,000 9:55 a.m. 21. Consideration of Series Resolution Authorizing and Approving the Issuance and Sale of the County of New Hanover Variable Rate Hospital Revenue Bonds in the Aggregate Principal Amount Not to Exceed $40,000,000 10:05 a.m. 22. Presentation: Highway 17 Association 10:15 a.m. 23. Consideration of New Hanover County Identity Theft Prevention Program NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 10:25 a.m. 24. Additional Items County Manager County Commissioners Clerk to the B oard County Attorney 10:35 a.m. 25. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 10/20/2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Greer CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review meeting held on October 2, 2008 Regular Session meeting held on October 6, 2008 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approved 5-0. Board of Commissioners Meeting 10/20/2008 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of these roads and requesting the Board to adopt a resolution in support of adding the roads to the state system: Quail Woods Road and Forest Bend Lane in the Carrington Woods Subdivision in New Hanover County (Division File No. 1128-N). RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. ATTACHMENTS: NCDOT Request Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 2-0 ~SU1~~ ~~ ~~~ *~~L n STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DMSION OF HIGHWAYS LYNDO TIPPETT GOVERNOR September Z4, 2008 Ms. Sheila Schutt, Clerk to the Board New Hanover County Beard of Commissioners 23 ~ Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Addition to the State System of Highways Dear Ms. Schutt: SECRETARY SEP 2 6 2008 (~ NEW HANOVER CO BD. OF COMPAISSIONERS This once is considering the addition of Quail woods Road and Forest Bend lane in the Carrington woods Subdivision to the state system Div. File No: 1128-N}. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and o~cial road name for our further handling. If I may be of further assistance, please advise. Sincerely, 1~ Anthony W. a District Engineer AwL:jdd 300 Division Drive, wihningtan, N ~ 28401 Tel. (910} 251-Zb55 Fax: (910} 251-2759 Board of Commissioners Meeting 10/20/2008 2-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 3 DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of 2009 Board Meeting Calendar BRIEF SUMMARY: Consider draft of suggested dates for 2009 Board meetings. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve 2009 Board meeting calendar. ATTACHMENTS: 2009 Schedule of Regular Meetings 2009 Meetings & Conferences Calendar COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 3-0 DRAFT NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2009 SCHEDULE OF REGULAR MEETINGS MEETING PLACE: NEW HAN01/ER COUNTY COURTHOUSE 24 N. THIRD STREET, ROOM 30~, WILMINGTON, NC MONDAY, January 5, 2009 6:00 P.M. TUESDAY, January 20, 2009 9:00 A.M. MONDAY, February 2, 2009 6:00 P.M. MONDAY, February 16, 2009 9:00 A.M. MONDAY, March 2, 2009 6:00 P.M. MONDAY, March 16, 2009 9:00 A.M. MONDAY, April 6, 2009 6:00 P.M. MONDAY, April 20, 2009 9:00 A.M. MONDAY, May 4, 2009 6:00 P.M. MONDAY, May 18, 2009 9:00 A.M. MONDAY, June 1, 2009 6:00 P.M. MONDAY, June 15, 2009 9:00 A.M. MONDAY, July 6, 2009 6:00 P.M. MONDAY, July 20, 2009 9:00 A.M. MONDAY, August 3, 2009 6:00 P.M. MONDAY, August 17, 2009 9:00 A.M. TUESDAY, September 8, 2009 6:00 P.M. MONDAY, September 21, 2009 9:00 A.M. MONDAY, October 5, 2009 6:00 P.M. MONDAY, October 19, 2009 9:00 A.M. MONDAY, November 2, 2009 6:00 P.M. MONDAY, November 16, 2009 9:00 A.M. MONDAY, December 7, 2009 6:00 P.M. MONDAY, December 21, 2009 9:00 A.M. Conference Dates NCACC Legislative Goals Conference, Pitt County, NC (Hilton Greenville) January 15-16, 2009 NACo Legislative Conference, Washington, D.C. March 7 -11, 2009 NACo Annual Conference, Nashville, TN July 24 - 29, 2009 NCACC Annual Conference, Hickory, NC August 26 - 30, 2009 Chamber Conference, Washington, D.C. (Tentative) September 14-15, 2009 Board of Commissioners Meeting 10/20/2008 3-1-1 a o~ 0 y ~ ~ N N ~ ~0 ~ N N ~ N 0~ ~0 N ~ ~ N U ~ 3 ~ ~ ~ Q ~ ~ ~ N ~ O I~ ~ ~ M ~ ~ N M N O~ ~ N M y ~ 00 ~ N N y ~ ~ N N ~ ~0 ~ N N ~ N ~ ~ 0~ ~0 ~ N ~ ~ a 0 ~ ~ C0 ~ 3 ~ ~ ~~ ~ N N W ~ M ~ ~ N N O~ ~0 M ~ N y ~ 00 ~ N y o n ~ M ~ ~ N M ~ N O~ ~ N M ~ 00 ~ N N ~ 3 ~ ~ ~ ~ Z M f~ A N N Q ~ ~0 ~ N N ~ Na~o N ~ ~ N y ~ 00 ~ ~ ~ ~ N y ~0 ~ N N ~ N ~ ~ N ~ ~ ~ ~ ~ ~ ~ N W Z 3 0 ~ ~ ~ M ~ ~ N ~ N O~ ~ N M ~ 00 ~ N N y ~ ~ N N v ~ ~ v N O~ ~ N M ~ ~ 00 ~ N N ~ f~ ~ N N Q 3 ~0 ~ N N C G ~ N 0~ ~0 N ~ ~ N ~ ~ ~ ~ ~ ~ N y O I~ ~ ~ M ~ ~ N M y ~ ao ~ ~ ~ ~ N ~ O I~ ~ M ~ ~ N ~ O~ ~ N M \\ J a 3 ~ 00 A N N Q ~ f~ ~ N N ~0 ~ N N y N 0~ ~0 N ~ ~ N y N 0~ ~0 N ~ ~ N ~ ~ ~ ~ ~ ~ ~ N ~ M ~ ~ N 3 N O~ ~ N M ~ ~ 00 ~ N N I~ ~ N N y ~0 ~ N N y ~ 00 ~ N N ~ f~ ~ N N ~ ~0 ~ N N 3 N N ~ 0~ ~0 ~ N ~ ~ ~ ~ ~ ~ ~ N M O ~ f~ ~ ~ ~ N M y N O~ ~ N M y ~ ao N ~ ~ ~ N ~ O f~ ~ ~ M ~ ~ N M ~ N O~ ~ N M 3 ~ 00 A N N ~ f~ ~ N N ~0 ~ N N J y N 0~ ~ ~ ~ V y N 0~ ~0 u' ~ ~ N ~I ~ ~ ~ N ~ ~ ~ N O I~ ~ ~- W ~ M ~ ~ N M cm W 3 N O~ ~ N M U W 0 ~ ~ 00 ~ N N f~ ~ N N y ~0 ~ N N y ~ N ~ N ~ ~ ~0 N N a, ~ N 0~ ~0 ~ ~ ~ N W m ~ 3 ~~~ ~ - N ' ~ ~ z ~ M ~ ~ N N O~ ~ N M y ~ 00 ~ N N y o n ~ M ~ ~ N M ~ N O~ ~ N M ~ ~ 00 ~ N N a W m 3 ~ ~ N N U 0 ~ ~0 ~ N N N 0~ ~0 N ~ ~ N y ~ 00 N ~ ~ ~ N ~~ bA ~ ~ ~ ~ ~ ~ Q v ~ ~ v ~ y ,,~ ~ ~ ~, W ~ ,~ `" o ° ~ +~ ~ ~ ~ ~ ~ ~ o x ~ ~ o ~ V w N GG ~ .--. .~ cC N .... O ~ ~ ~ N ~ ~ ~ N ~cj ~ N O O ~ ~ ~ N c'+7 ~ i ~ ~ i ~ i N ~ v ~ ~ ~ ~ ~ ~ N ~ ~' ~ ~ ~ ~ ~ ~--, ~ F--, ~ (1) ~--~ ~ .'., ~ ~ ~ '~ r~C v 0 +, ,~ ~ o o ~ N U ~ 0 U ~ Q ~ ~ 0 U ~ ~ ° ~ ~ z H U z U N ~ ~ ~ ~ +~ ~ ~ G ~ ~ ~ ,~ ~ ~ Q ~ ~ ~ ,~ ~ ~ ~ U O ~ ~ ~ ~ ~ o u ~ z x v ~ ~ ~ ~ ~. ~ ~ ~ ~ v U v ~ ~ ~ w Q ~ ° v o ~ ~ ~ ~ o ~ ~ U v ~ ~ U a; ~ N ~' a w ~ ~ ~ ~ ° _U ~ ~ ~ v A ~ ~ ~ ~ ~ ~ ~ ~ ~ U U a ~ ~ ~ U ~ w `" ~ U U ~ ~ 0 o u U z ~ z ~ z U z ,~ u Z Board of Commissioners Meeting 10/20/2008 3-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 4 DEPARTMENT: Aging PRESENTER(S): Diane Turner CONTACT(S): Annette Crumpton SUBJECT: Approval to Submit a Senior Health Insurance Information Program (SHIIP) Grant Application BRIEF SUMMARY: The Department of Aging seeks approval to apply for a NC Department of Insurance SHIIP grant ($10,000) to fund a portion of the operating costs for the Prescription Drug Assistance Program from 12/1/08 to 11/30/09. (The Department of Aging is applying for a second grant from Champion McDowell Charitable Foundation to cover remainder of program costs. The second grant application is also being submitted on the 10/20/08 agenda.) SHIIP grant monies will be used to cover salary for one part-time temporary staff person 16 -18 hours a week and operating expenses for the program (will fund program through FY08-09 budget year). If the Champion McDowell Charitable Foundation is not approved to fund the remaining program expenditures through 12/09, then part-time temporary staff hours will be reduced. There is no County match required. The grant application is available for review in the County Manager's Office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submittal of SHIIP grant application in the amount of $10,000. ATTACHMENTS: SHIIP budget COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 4-0 SHIIP Grant Program for Community-Based Medicare Part D LIS Outreach and Enrollment Efforts Attachment II Budget Salary (1 part-time staffl FICA Print Materials Postage Outreach Events Travel/Training Supplies $7,150 547 403 500 1, 000 200 200 TOTAL $10, 000 Board of Commissioners Meeting 10/20/2008 4-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 5 DEPARTMENT: Aging PRESENTER(S): Diane Turner CONTACT(S): Annette Crumpton SUBJECT: Approval to Submit a Grant Application to the Champion McDowell Charitable Foundation BRIEF SUMMARY: The Department of Aging seeks approval to apply for a grant from Champion McDowell Charitable Foundation in the amount of $7,800 to fund a portion of the operating costs for the Prescription Drug Assistance Program from 1/1/09 to 12/31/09. (The Department of Aging is applying for a second grant to cover remainder of program costs. The second grant application (SHIIP) is also being submitted on the 10/20/08 agenda.) Grant monies from the Champion McDowell Charitable Foundation will be used to cover costs of salary for one part-time temporary staff person 16-18 hours a week and some operating costs. There is no County match required for the grant. The grant application is available for review in the County Manager's Office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submittal of grant application to the Champion McDowell Charitable Foundation in the amount of $7,800. ATTACHMENTS: Champion McDowell Davis budget COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 5-0 PART lll: FINANCIAL INFORMATION 1. Amount requested from Champion McDowell Davis Charitable Foundation. (If multi-year funding is requested, also specify how you wish this fo be paid per year.) Requested Amount: $7,800 To be paid in one payment at the beginning of the grant period. 2. Develop a complete project/program budget; including expenses and income, for the period you are requesting funds. Also, please attach a copy of your most recent (a) 990 and (b) audit or financial statement with this application. Project Budget: From 1 l1 /09 To 12/31 /09 Champion McDowell Davis Foundation Page 1 of 2 Grant Application Form Board of Commissioners Meeting Version 9/24/08 10/20/2008 5-1-1 Champion McDowell Davis Foundation Page 2 of 2 Grant Application Form Board of Commissioners Meeting Version 9/24/08 10/20/2008 5-1-2 3. List the names of organizations, both public and private, to which you have applied for support forthis specific projectlprogram. Also show the amount requested and the status This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 6 DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager CONTACT(S): Chris Coudriet SUBJECT: Approval of FY 08-09 JCPC Budget: Additional Funds BRIEF SUMMARY: The General Assembly included a $500,000 expansion of Juvenile Crime Prevention Council (JCPC) funds in the state budget for FY 08-09. The additional funding to New Hanover County is $12,527, bringing the County's total allocation to $456,152. An allocation strategy for the new funds is attached. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the allocation strategy for additional JCPC funds in the amount of $12,527 and adopt the ordinance for budget amendment 09-065. ATTACHMENTS: Letter from Secretary Sweat JCPC Funding Allocatation B/A 09-065 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approve the request as outlined by the JCPC chair. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 6-0 ~~parhn~t e~~ ~ c .~ `L ~ ~' ~~ ~t~" v _~r' •A .~ ~ .~` ~ ` U~~~ Qr~r STATE OF NORTH CAROLINA DEPARTMENT OFJUVENILEJUSTlCE AND DELINQUENCY PREVENTION 1$0'1 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27$99-1$01 TELEPHONE: (919) 733-3388 Michael F. Easley Governor September ~, 2008 The Hon. Robert G. Greer New Hanover County Chair 8735 Ramsbury ~Uay Wilmington, NC 28411 Dear Commissioner Greer: George L. Sweat Secretary 1 , l~n behalf of Governor Mike Easley, I am pleased to announce the restoration, recurring status, and an expansion of Juvenile Crime Commission Council funds for fiscal year 2008-2009. In the 2008 Session, the North Carolina General Assembly approved an increase of $500,000 for a total state allocation of $23,152,866. A county allocation chart is enclosed. Counties must submit 3CPC Program Agreements to Department of Juvenile Justice and Delinquency Prevention Area Offices prior to December 31, 2Q08 in order to receive these additional funds. After that date, unallocated funds will be transferred to discretionary funds in accordance with Department Administrative Rules. These rules may be reviewed on the Department's website (wvvw.ncdj~ d~ p.org). I want to thank you, other local officials, your Juvenile Crime Prevention Council, and JCPCgront-funded service providers for your efforts during the Continuation Review, These efforts helped restore the JCPC funding. Thank you also for supporting efforts in your community which enhance the wellbeing of youth and families. Physical Location: 470 S. Salisbury Street • Raleigh, North Carolina STATE COURIER NO. Sb-20-08 Board of Commissioners Meeting 10/20/2008 6-1-1 JCPC Allocation Page 2 Sincerely, ,~..~~ George L. Sweat Secretary Enclosure pc: County Manager County Finance Officer Juvenile Crime Prevention Council Chairperson Program Services Assistant Secretary East Program Services Assistant Secretary Nest Community Programs State Administrator DJJDP Area Administrators DJJDP Area Consultants Chief Court Counselors Physical Location: 410 S Salisbury Street • Raleigh, North Carolina STATE COURIER N0. 56-20-08 Board of Commissioners Meeting 10/20/2008 6-1-2 JCPC 2aO~-49 ALLOCATION COUNTY 1x17 PCP 200?-08 Allocation Zoos-a9 Additional Allocation 2008-09 Allocation Afamance 15,680 $ 336,412 $ 11,186 $ 347,598 Alexander 4,047 $ 115,297 $ 2 887 $ 118,184 Alle han 989 $ 59 994 $ 706 $ 60,700 Anson 2,804 $ 109,041 $ 2,000 $ 111,041 Ashe 2,324 $ 90,466 $ 1,658 $ 92,124 Ave 1,529 $ 11,431 $ 1,091 $ 78,522 Beaufort 4,638 $ 157100 $ 3,309 $ 160,409 Bertie 2,186 $ 96,580 $ 1,559 $ 98,139 Bladen 3,580 $ 149,289 $ 2 554 $ 151,843 Brunswick 9,266 $ 179 429 $ 6,610 $ 186,039 Buncombe 22147 $ 519,004 $ 15,800 $ 534 804 Burke 10 097 $ 235 212 $ 7 203 $ 242,415 Cabarrus 19,084 $ 313,345 $ 13,614 $ 326,959 Caldwell 8,420 $ 216,221 $ 6 007 $ 222,228 Camden 1072 $ 53,874 $ 765 $ 54,639 Carteret 5 481 $ 173 707 $ 3 910 $ 177,617 Caswell 2,444 $ 100 923 $ 1,744 $ 102,667 Catawba 17,022 $ 337,716 $ 12,143 $ 349,859 Chatham 5,643 $ 147,073 $ 4,026 $ 151,099 Cherokee 2,461 $ 88 538 $ 1,756 $ 90,294 Chowan 1,508 $ 78,825 $ 1,076 $ 79,901 Cla 821 $ 54,205 $ 586 $ 54,791 Cleveland 11,353 $ 284,516 $ 8 099 $ 292,615 Columbus 6,172 $ 204 983 $ 4,403 $ 209,386 Craven 9,497 $ 261 193 $ 6 775 $ 267,968 Cumberland 36,421 $ 940,867 $ 25,983 $ 966,850 Currituck 2,534 $ 84,329 $ 1808 $ 86,137 Dare 2,951 $ 90 978 $ 2,105 $ 93,083 Davidson 17,020 $ 399 091 $ 12142 $ 411,233 Davie 4,560 $ 112,410 $ 3,253 $ 115 663 Du lin 6,134 $ 173,677 $ 4,376 $ 178,053 Durham 25,082 $ 547 019 $ 17 893 $ 564,912 Ed ecombe 6,238 $ 223 235 $ 4 450 $ 227,685 Fors h 37 009 $ 724 238 $ 26 402 $ 750 640 Franklin 6,452 $ 139 598 $ 4,603 $ 144,201 Gaston 21497 $ 543 318 $ 15,336 $ 558,654 Gates 1,399 $ 63,527 $ 998 $ 64,525 Graham 788 $ 57 820 $ 562 $ 58,382 Granville 5,996 $ 144,696 $ 4,277 $ 148,973 Greene 2,360 $ 83,251 $ 1,684 $ 84,935 Guilford 50 249 $ 1003,915 $ 35,847 $ 1,039,762 Halifax 6 230 $ 213 453 $ 4 444 $ 217,897 Harnett 12,974 $ 226 572 $ 9 256 $ 235,828 Ha ood 5,286 $ 149 905 $ 3,771 $ 153,676 Henderson 9,374 ~ 202 985 $ 6 687 $ 209,672 Hertford 2 561 $ 111300 $ 1827 $ 113,127 Hoke 5 445 $ 122 989 $ 3 884 $ 126,873 H de 427 $ 52,219 $ 305 $ 52,524 Iredell 17,482 $ 289 418 $ 12,472 $ 301,890 Jackson 3 045 $ 106146 $ 2,172 $ 108,318 10-17 Zoos-o9 COUNTY PCP 2007.08 Additional 2008-09 Allocation Allocation Allocation (Lenoir New Hanover 17,559 ~ 443 625 $ 12,527 $ 456,152 Northam ton 2,245 $ 97 465 $ 1602 $ 99,067 Onslow 16,518 $ 437,222 $ 11,184 $ 449,006 Oran a 11,770 $ 283,951 $ 8,397 $ 292,348 Pamlico 1,118 $ 67,497 $ 798 $ 68,295 Pas uotank 4,077 $ 137,064 $ 2,909 $ 139,973 Pender 5,206 $ 115,855 $ 3,714 $ 119,569 Per uimans 1,224 $ 66,664 $ 873 $ 67,537 Person 3,965 $ 126,869 $ 2,829 $ 129,698 Pitt 15,946 $ 335,449 $ 11,376 $ 346,825 Polk 1,738 $ 69,061 $ 1,240 $ 70,301 Randol h 15,417 $ 325,446 $ 10,998 $ 336,444 Richmond 5,558 $ 164,334 $ 3,965 $ 168,299 Robeson 16,529 $ 437,283 $ 11,792 $ 449,075 Roclun ham 9,464 $ 273 274 $ 6 752 $ 280,026 Rowan 15,184 $ 328,852 $ 10,832 $ 339,684 Rutherford 6,742 $ 185,998 $ 4,810 $ 190,808 Sam son 7,552 $ 171,551 $ 5,388 $ 176,939 Scotland 4,818 $ 156 912 $ 3 437 $ 160,349 Stanl 6,629 $ 178 503 $ 4 729 $ 183,232 Stokes 5,145 $ 139,498 $ 3,670 $ 143168 Sur 8,093 $ 199,042 $ 5,773 $ 204,815 Swain 1,519 $ 67,753 $ .1,084 $ 68,837 Trans Ivania 2,900 $ 107 628 $ 2 069 $ 109,697 T rrell 366 $ 49,101 $ 261 $ 49,362 Union 22,736 $ 293,784 $ 16,220 $ 310,004 Vance 5,402 $ 164,938 $ 3 854 $ 168,792 Wake 93,973 $ 1 166 262 $ 67 040 $ 1,233,302 Warren 2,099 $ 84,523 $ 1,497 $ 86,020 Washin ton 1,465 $ 78,259 $ 1,045 $ 79,304 Watau a 3,250 $ 117,981 $ 2,319 $ 120,300 Wa ne 13,152 $ 345 739 $ 9 383 $ 355122 UVilkes 6 845 $ 196 654 $ 4 883 $ 201,537 Wilson 9,113 $ 244,261 $ 6,501 $ 250,762 Yadkin 4,225 $ 117 097 $ 3,014 $ 120,111 Yance 1,768 $ 75,632 $ 1261 $ 76,893 TOTALS 981,222 $22,441,299 $ 700,000 $23,141,299 Additional allocation calculated @ 71¢ per youth (ages 10 to 17}, Population Source: Office of State Budget and Management's CountylState Population Projections July 1, 2008 County Total Age Groups-Youth (http:/fwww.osbm.state.nc.usldemogic08sag2.t~trr~l} Data collected on August 18, 2008. ~` Note: Total General Assembly appropriation: $23,152,866. The Department of Juvenile Justice and Delinquency Prevention is holding $11,567 in reserve far contingencies or allocation after third quarter accounting. JCPC 2008-09 Allocation.xls I pdw 9!5/08 Board of Commissioners Meeting 10/20/2008 6-1-3 JCPC Expansion Funds Allocation Strategy Reveue Expansion Funds $12,527 Allocation Share* Revised Budget (if approved JCPC Admin $7,500 $15,500 JDTC $1,676 $1,224,936 Psych Services $1,616 $228,581 Teen Caurt $1,675 $41,825 Note: These funds ar e allocated for the purpose of staff training and community edu cation as agreed to with the JCPC. Board of Commissioners Meeting 10/20/2008 6-2-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-065 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-065 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Juvenile Services Ex enditure: Decrease Increase Juvenile Services: JCPC Administration Trainin and Travel $7,500 Teen Court Trainin and Travel 1,675 Juvenile Ps cholo ical Services: Trainin and Travel 1,676 Juvenile Da Treatment: Trainin and Travel 1,676 Total $12,527 Revenue: Decrease Increase Juvenile Services: De artment of Juvenile Justice Grant (Teen Court and Administration $9,175 Juvenile Ps cholo ical Services: De artment of Juvenile Justice Grant 1,676 Juvenile Da Treatment: De artment of Juvenile Justice Grant 1,676 Total $12,527 Section 2: Explanation To budget additional Juvenile Crime Prevention Council funds in the amount of $12,527 to be used for staff training and community education. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-065, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 6-3-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 7 DEPARTMENT: Finance PRESENTER(S): Avril Pinder CONTACT(S): Lena Butler SUBJECT: Approval to Dispose of Surplus Property According to Procedures Outlined in Chapter 160 Article 12 BRIEF SUMMARY: Chapter 160A-Article 12 of the General Statutes governs the sale and disposition of property. Currently, the County has certain items of personal property that are surplus and are being stored in the County's warehouse on Division Drive. Staff proposes to dispose of the personal property according to the procedures prescribed in Chapter 160A- 270(c) which authorized the disposal of personal property electronically using an existing private or public electronic auction service. Staff proposes to utilize the services of GovDeals, an online Internet based provider servicing government entities. If items do not sell using this electronic auction service, staff proposes to dispose of the property by any other method authorized by the Statutes including discarding. RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing the disposal electronically using GovDeals or any other method authorized General Statute including discarding. ATTACHMENTS: PROPERTY LISTING resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 7-0 AUCTION LIST FY 2009 (2) AUCTION NUMBER FA# SERIAL# DEPARTMENT DESCRIPTION/MILEAGE 1 9376 1FMCA11U8KZB21502 Property Mgmt 1989 Ford Aerostar Van/104,923 2 13544 1FTJW35H9VEB36477 Parks &Rec 1997 Ford F-350 Truck/105,901 3 14303 3B6KC26Z11NM261553 Parks &Rec 1998 Dodge 2500 Truck/107,549 4 12786 IFTHF26H75NB47464 Landfill 1995 Ford F-250 Truck/69,734 5 16743 1FTZF172XYN871808 Parks &Rec 2000 Ford F-150 Truck/143,671 6 15402 1GTEC19V1YE239444 Parks &Rec 2000 GMCTruck/174,643 7 13224 1B7JC26ZOTJ132817 Parks &Rec 1996 Dodge Truck/111,216 8 11066 28THF25H1JCA17007 Cooperative Ext 1988 Ford F-250 Truck/116,695 9 172298 2FALP71w2VX186949 Property Mgmt 1997 Ford Crown Vic/121,341 10 17306 2FALP71w1VX117492 Property Mgmt 1997 Ford Crown Vic/142,730 11 14354 1FTEF15Y01ZA88043 Parks &Rec 1996 Ford F-150 Truck/131,952 12 15413 2FALP71w3VX117512 Property Mgmt 1997 Ford Crown Vic/131,215 13 18395 Property Mgmt IBM Laptop 14 DSS IBM ThinkCenter 15 DSS IBM ThinkCenter 16 DSS IBM ThinkCenter 17 DSS IBM ThinkCenter 18 Health Minolta Camera 19 CVB00175 Health Sony Projector 20 Health Coat Rack 21 11558 56A0665 IT IBM 6262 Printer 22 Senior Desk 23 Senior Chair 24 DSS Desk 25 DSS Desk 26 DSS Desk 27 DSS Desk 28 DSS Desk 29 DSS Desk 30 DSS Desk 31 DSS Desk 32 DSS Desk 33 DSS Conference Table 34 Senior Table 35 Senior Table 36 Senior Table 37 Senior Table 38 Senior Table 39 Senior Table 40 Senior Table 41 Senior Table 42 Senior Table 43 Senior Table 44 Senior Table Board of Commissioners Meeting 10/20/2008 7-1-1 AUCTION LIST FY 2009 (2) 45 Senior Table 46 Senior Chairs (42) 47 Health IBM 6400 48 Property Mgmt Metal Table 49 Property Mgmt Chair 50 Property Mgmt Chair 51 Property Mgmt Chair 52 Property Mgmt Chair 53 Property Mgmt Chair 54 Property Mgmt Chair 55 Property Mgmt Chair 56 DSS Chair 57 DSS Chair 58 DSS Chair 59 DSS Chair 60 DSS Chair 61 DSS Chair 62 DSS Chair 63 DSS Chair 64 DSS Chair 65 DSS Chair 66 DSS Chair 67 DSS Chair 68 DSS Chair 69 DSS Chair 70 DSS Chair 71 DSS Chair 72 DSS Chair 73 DSS Chair 74 DSS Conference Table 75 DSS Computer Table 76 DSS Computer Table 77 DSS Computer Table Board of Commissioners Meeting 10/20/2008 7-1-2 NEW HANOVER COUNTY BOARD COMMISSIONERS RESOLUTION REQUESTING APPROVAL FOR DISPOSAL OF SURPLUS PROPERTY WHEREAS, New Hanover County has certain items of personal property that are surplus and are being stored in the County's warehouse on Division Drive; and WHEREAS, the items to be disposed of are listed and submitted as an attachment to this resolution; and WHEREAS, staff proposes to dispose of the personal property according to the procedures prescribed in Chapter 160A-270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, staff proposes to utilize the services of GovDeals, an online Internet based provider servicing government entities; and WHEREAS, items not sold using GovDeals, may be disposed of using any other method authorized in the Statutes including discarding. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the Finance Director's designated representative, pursuant to the provisions of G.S. 160A-270 (c), is hereby authorized to dispose of the personal property as listed electronically using GovDeals and any property not sold using GovDeals may be disposed of using any other method authorized by the Statutes, and that said representative be further authorized and directed to execute necessary documents, transfer title, add/delete items from the surplus list, and perform all necessary functions associated with this disposal. ADOPTED this the 20th day of October, 2008. NE~U HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 7-2-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: $ DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall CONTACT(S): Matt Davis SUBJECT: Approval to Submit a Lowe's Heroes Grant Application BRIEF SUMMARY: Each year Lowe's Heroes volunteer program helps to improve the communities where Lowe's employees live. Together, each store team identifies a community improvement project that will make a difference in their community. We would like to request their assistance with our 2008 Fire Expo to be held in October at Independence Mall. This is a collaborative effort of all fire services in the community to provide education during fire prevention month. In past years this event has drawn a crowd between 600-750 participants. There are no matching funds required by the County. Rather, the County must set up an event (2008 Fire Expo to be held in October at Independence Mall) that Lowe's employees could volunteer at. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission for assistance from the Lowe's Heroes Grant. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 8-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 9 DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall CONTACT(S): Donnie Hall SUBJECT: Approval of Local Firemen's Relief Fund Trustee Appointments BRIEF SUMMARY: In accordance with NC General Statues 58-84-30 the Board of County Commissioners are required to confirm appointments to the Local Fireman's Relief Fund Board. The trustees are responsible for the funds collected by the State Department of Insurance, Office of the State Fire Marshal. Funds are allocated to the fire districts based on the collection formula as prescribed by the statue. Purposes for fund distribution include but are not limited to firefighter financial loss due to illness or injury, a destitute member, retirement supplement, or to provide educational benefits. Request for approval of suggested appointments to the North Carolina Firemen's Relief Fund Board as Trustee as suggested by the Fire Chief of each New Hanover County Fire Station as follows: New Hanover County Station 51- 3805 North Hwy 421 Avril Pinder & Andre' Mallette Castle Hayne VFD - 5311 Castle Hayne Road Ed Vosnock and VVinifield Smith Myrtle Grove VFD - 5636 Carolina Beach Road George Kennedy and Lou Mattes Ogden VFD - 7375 Market Street & 907 Porters Neck Road `Valton Koonce and H. Lee Chewning Wrightsboro VFD - 3515 North Kerr Avenue Edward Cavenaugh and Peggy Phillips Federal Point VFD - 9815 River Road Michael Puritis and Thomas Robinson, Sr. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of appointments to Local Firemen's Relief Fund. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 9-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 10 DEPARTMENT: IT PRESENTER(S): Leslie Stanfield CONTACT(S): Sharon Smith SUBJECT: Approval to Award Bid for Enterprise Backup Solution to VSS BRIEF SUMMARY: Pursuant to Section 143-129.8 of the General Statutes of North Carolina, sealed proposals were received on Wednesday, September 10, 2008 to procure aturn-key, functionally complete, cost effective, and integrated enterprise backup solution with a single source of support for the complete solution. Four (4) proposals were received in response to the County's Request for Proposals (RFP) for a comprehensive data backup solution. Of the four respondents, three were invited to make presentations. Since all of the bids were over the $200,000 budget, staff asked for certain functionality to be eliminated from the proposals that were given by the three remaining vendors. During their presentations, the vendors went over the itemized proposals, and VSS's proposal was by far the most comprehensive and all-inclusive, and after the adjustments, the lowest in overall price. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the contract for the Enterprise Backup Solution be awarded to VSS in the amount of $184,574. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 10-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF BID FOR ENTERPRISE BACKUP SOLUTION WHEREAS, after due advertisement, proposals were received by the IT Department at 3:00 p.m. EDT on Wednesday, September 10, 2008 and the following companies submitted proposals for the ENTERPRISE BACKUP SOLUTION; and Initial Bid NWN Infranet VSS Alphanumerics $209,423.42 $ 216,665.40 $244,887.00 $272,669.00 Revised Bid $193,945.50 $190,845.30 $184,574.00 WHEREAS, all of the bids received were over the $200,000 budgeted for the project and of the four (4) vendors who submitted proposals, three (3) were invited to make presentations to staff and were asked to eliminate certain functionalities from their proposals and to resubmit revised bids; and WHEREAS, after completing revisions requested by staff, VSS submitted the lowest bid and during the presentations, VSS' proposal was the most comprehensive and all-inclusive; and WHEREAS, staff overwhelmingly recommends award to VSS for reasons detailed below: • Proposal-strong and very comprehensive • Installation-strong • Functional Technical Requirements-strong • Implementation-strong and very comprehensive • All in One Solution-strong-single vendor • Training-strong-multi day session quoted; and WHEREAS, there are sufficient funds available to complete this proj ect budgeted under account # 11010100-800200. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the contract for the Enterprise Backup Solution is awarded to VSS in the amount of $184,574 and that the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 20th day of October, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 10-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 11 DEPARTMENT: Sheriff PRESENTER(S): Sidney A. Causey, Sheriff CONTACT(S): Sidney A. Causey, Sheriff SUBJECT: Approval to Accept the FY2008 Department of Homeland Security (DHS) Grant Award for the Local Explosives Ordinance Disposal (EOD) Team BRIEF SUMMARY: North Carolina's Investment Justification proposal for equipment necessary to meet the 2009 FBI accreditation standards for bomb squads has been selected to receive funding under the Department of Homeland Security (DHS) FY2008 grant program in the amount of $1,613,000. As part of the planned, phased State effort to enhance local explosive ordinance disposal (EOD) teams, the New Hanover County Sheriff's Office has been identified as one of 13 local EOD teams to receive funding. The North Carolina State Bureau of Investigation (SBI) is the overall program management agency for this project, and as such, is available to execute its implementation on behalf of the New Hanover County Sheriff's Office, if the Sheriff desires. The Sheriff is in agreement for the SBI to purchase the equipment on behalf of his agency. The local award amount will be determined after the needs assessment of each of the 13 EOD teams is completed. There is no local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the grant and execute the SBI agreement for equipment purchase. ATTACHMENTS: EOD Grant Documents COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 11-0 ~~ fit: 'e~ ~: __ _ ___ ~~~~u~ I~L~N~ ~~aRS~ __ Board of Commissioners Meeting 10/20/2008 11-1-1 __ _ Board of Commissioners Meeting 10/20/2008 11-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 12 DEPARTMENT: Sheriff PRESENTER(S): Sidney A. Causey, Sheriff CONTACT(S): Sidney A. Causey, Sheriff SUBJECT: Approval to Apply for a Grant with the North Carolina Governor's Highway Safety Program (GHSP) for 2009 Funding for an Information Technology Project BRIEF SUMMARY: A project concept statement submitted by the Sheriff's Office has been approved by the NC Governor's Highway Safety Program (GHSP) for 2009 grant funding for an Information Technology Project that consists of 101aptops, 10 printers and related hardware. The next step of the funding process is to submit a grant contract and local government resolution to GHSP. Explanation of the project follows: The laptops will be equipped with, but not limited to the following software: E-Citation, E-Crash, AOC Magistrate System and DCI to better streamline the enforcement process. The laptops will allow the deputies to submit citations electronically versus writing them by hand. The cost of the project is $21,840: federal, $16,380; local, $5,460. The Sheriff is respectfully requesting General Fund I Contingency Funds be used for the local match. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the Sheriff's Office to submit a grant contract and local governmental resolution to GHSP as the next step in the funding process and recommend approval if the grant is awarded. ATTACHMENTS: GHSP Resolution and Grant Contract COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 12-0 North Carolina Governor's Highway Safety Program LOCAL GOVERNMENTAL RESOLUTION Farm CHSP-~2-A {To be completed, attached to and become part of Form GHSP-02, Highway Safety Project Contract.) CHSP-02-A WHEREAS, the New Hanover County Sheriff's Ofl:lce {herein called the "Agency") (The Applicant Agency) has completed an application contract for traffic safety funding; and that New Hanover County Board of (The Governing Body of the Agency] Commissioners {herein called the "Governing Body"} has thoroughly considered the problem identified and has reviewed the project as described in the contract; THEREFORE, NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN (Governing Body MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA, THIS 20th DAY OF October, 2008, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public; and 2. That New Hanover County Sheriffs Office is authorized to file, on behalf of the Governing (Name and Title of Representative) Body, an application contract in the form prescribed by the Governor's Highway Safety Program far federal funding in the amount of $16,380 to be made to the Governing Body to assist in defraying (Federal Dollar Requesty the cost of the project described in the contract app}ication; and 3. That the Governing Body has formally appropriated the cash contribution of $5,460as (Local Cash Appropriation) required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports as required by the contract, if approved, or as may be required by the Governor's Highway Safety Program; and 5. That certified copies of this resolution be included as part of the contract referenced above; and 6, That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting by ATTESTED BY (Clerk) DATE Rev 5104 (Chairperson/Mayor) SEAL Board of Commissioners Meeting 10/20/2008 12-1-1 GHSP-Ob North Carolina Governor's Highway Safety Program Highway Safety Equipment Project Contract -Form GHSP-06 SECTION A-GENERAL INFORMATION 1. Name of Applicant Agency 4. Name of Project Contact Person forAgency New Hanover County Sheriff's CJffice Sergeant T. L. Fuss 2. Address of Applicant Agency 5. Telephone Number of Contact Person 3950 Juvenile Center Road X910} 198-4156 Castle Hayne, North Carolina 28429 6. Email Address of COntact Person TFuss@nhcgov.cam 3. Location of Project (if different from # 2} 7. Fax Number of Contact Person (910} 798-4177 8. Federal Tax lD Number 1 Type of Agency 9. Type of Application Federal Tax ID Number: 56-6000324 ~^ Initial ^ Continuation Type of Agency Year: x^ 1 ^ 2 ^ 3 ^ State ^ Non-Profit ~^ County ^ Higher Education ^ Municipality ^ Hospital 10. Project Title Optional}: Information Technology 2007 11. Budget Total Source of Funds Project Federal State /Local Amount % Amount % Amount Checkpoint Equipment $ 100 $ 0 $ Equipment Costs $21,840 75 $16380 25 $5460 Special Equipment Costs $ 50 $ 50 $ Total Project Costs $21,840 $16380 $~~r~0 12. Specify How Non-Federal Share Will Be Provided: The non-federal share would be provided from the New Hanover County General Fund 1 Contingency Fund FOR GHSP USE ONLY To GMS: ^ GB ^ FH ^ TH To Finance Officer: Date: , 20 ^ CL ^ JS ^ SC GMS Initials: Date: , 20 Finance Qfficer: Initials Date: , 20 Work Type: Project Number: CFDA#: 20. - - - - Ref # - Rev. b106 Board of Commissioners Meeting 10/20/2008 12-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 13 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Causey CONTACT(S): Avril Pinder SUBJECT: Approval to Accept Pressure Washer, Trailer, and Water Tank for Graffiti Removal BRIEF SUMMARY: The Sheriff's Office was awarded a grant from the Department of Juvenile Justice and Delinquency Prevention (DJJDP) for a Gang Violence Prevention Project. Wilmington Health Access for Teens (WHAT) was an approved contractor in the grant program agreement to provide graffiti removal services. WHAT purchased a pressure washer, trailer, and a 155-gallon water tank for $2,392.72 and was reimbursed from grant funds for the approved equipment. On October 19, 2007, WHAT withdrew from the project and turned all equipment over to the Sheriff s Office. Approval has been granted from DJJDP allowing the Sheriffs Office to keep the equipment for use in future graffiti removal. In order to record the donation, a budget amendment is required for accounting purposes. This budget amendment allows for recognition of the value of the equipment and the addition of the equipment to the County's fixed asset listing. The current fair market value of the equipment is $2,153. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution accepting the donation of the pressure washer, trailer and 155-gallon water tank with a fair market value of $2,153; adopt ordinance for budget amendment 09-058; and direct County staff to process any required documents related to the transaction. ATTACHMENTS: Resolution B/A 09-058 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 13-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ACCEPTING EQUIPMENT TO BE USED FOR GRAFFITI REMOVAL WHEREAS, the Sheriffs Office was awarded a grant from the Department of Juvenile Justice Delinquency Prevention (DJJDP) for a Gang Violence Prevention Project; and WHEREAS, Wilmington Health Access for Teens (WHAT) was an approved contractor in the grant program agreement to provide graffiti removal services; and WHEREAS, WHAT purchased a pressure washer, trailer, and a 155-gallon water tank for $2,392.72 to provide graffiti removal services for a Gang Violence Prevention Proj ect and was reimbursed from grant funds for the purchase of the approved equipment; and WHEREAS, on October 19, 2007, WHAT withdrew from the project and turned all equipment over to the Sheriff s Office; and WHEREAS, DJJDP has granted approval for the Sheriff s Office to keep the equipment for use in future graffiti removal; and WHEREAS, a budget amendment for accounting purposes only, is required to record the value of the donation and said budget amendment is attached as part of this resolution; and WHEREAS, the County Manager, the Finance Director, and the Sheriff recommend acceptance of the equipment and approval of the related budget amendment. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the pressure washer, trailer, and 155-gallon water tank with a fair market value of $2,153 be accepted as a donation and the budget amendment adopted; and that County staff is directed to process any required documents to finalize the transaction. ADOPTED this the 20th day of October, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 13-1-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-058 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-058 fiscal year ending June 30, 2009. Commissioners of New Hanover County, North be made to the annual budget ordinance for the Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Uniform Patrol Ex enditure: Decrease Increase Sheriff sOffice/Uniform Patrol: Ca ital Outla -Motor Vehicle $2,153 Total $2,153 Revenue: Decrease Increase Sheriff sOffice/Uniform Patrol: Miscellaneous Revenue -Contribution $2,153 Total $2,153 Section 2: Explanation To accept the donation of a pressure washer, trailer, and 155-gallon water tank from Wilmington Access for Teens (WHAT) with a fair market value of $2,153. The budget amendment is for accounting purposes only to record the donation received from WHAT of a pressure washer, trailer, and 155-gallon water tank to be used by the Sheriff s Office for future graffiti removal. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-058, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Sheila L. Schult, Clerk to the Board Robert G. Greer, Chairman Board of Commissioners Meeting 10/20/2008 13-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 14 DEPARTMENT: Tax CONTACT(S): Roger L. Kelley SUBJECT: Approval of Release of Tax Value BRIEF SUMMARY: PRESENTER(S): Roger L. Kelley Request the following taxpayers be granted the Senior Citizen/Disability Exclusion applications and letters explaining late filing available upon request): Abegg, Frances H. $ 81,279 Allen, Margaret 27,290 Atkinson, Gracie Ann 111,235 Barr, Ralph James 116,497 Bullard, Eva R. 73,344 Craig, Okadelia 60,329 Croom, Robert V. Etux. 63,518 Fennell, Hattie R. 49,834 Gillis, Margaret Craig Life Estate 104,472 King, Guy Harless Jr. Nicole 70,390 Phipps, Betty T. 75,520 Rhodes, Gertrude G. Etal. 53,537 Smith, Lucy H. 58,070 Williamson, Hosea P. Jr. Etux. 85,841 RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 14-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 15 DEPARTMENT: Tax PRESENTER(S): Michelle Harrell CONTACT(S): Michelle Harrell SUBJECT: Approval of Release of Taxes Barred by GS 105-378 BRIEF SUMMARY: G.S. 105-378 does not allow force collection of any taxes after ten years. Therefore, the Collector of Revenue requests release of charges for 1997. RECOMMENDED MOTION AND REQUESTED ACTIONS: Release charges for 1997. ATTACHMENTS: Release of 1997 Taxes COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 15-0 NEW HANOVER COUNTY Tax Department Collection Division 230 Government Center Drive, Suite 190, Wilmington, NC 28403 Phone:910-798-7300 Fax:910-798-7310 www.nhcgov.com Michelle D. Harrell Collector of Revenue To: Bruce Shell County Manager From: Michelle D. Harrell Collector of Revenue Date: September 24, 2008 Subject: Release of taxes barred by G.S.105-378 As the above referenced statute does not allow forced collection of any taxes after ten years from the date due, request the following 1997 charges be released: Carolina Beach $4,847.37 Kure Beach $853.23 New Hanover County $172,280.52 Fire District $3,078.18 Wilmington $66,536.22 Wilmington License $9,881.61 Wrightsville Beach $1,478.37 Total $258,955.50 These uncollected amounts are .29% of the combined tax levies for the County and the municipalities charged in 1997 in the amount of $89,238,744.24. I request this item be placed on the consent agenda for the County Commissioners' meeting of October 20, 2008, asthe Commissioners have approved these releases in the past. Copy: Roger Kelley, New Hanover County Tax Administrator Avril Pinder, New Hanover County Finance Director Debra Mack, City of Wilmington Peggy Jones, Town ofWrightsville Beach Susan Suggs, Town of Kure Beach Cam Griffin, Budget Director Dawn Johnson, Town of Carolina Beach Board of Commissioners Meeting 10/20/2008 15-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 16 DEPARTMENT: Tax PRESENTER(S): Roger L. Kelley CONTACT(S): Roger L. Kelley SUBJECT: Adoption of a Gross Receipts Tax Resolution on Heavy Equipment in Lieu of Property Taxes BRIEF SUMMARY: This is authorization for the County to impose a tax at the rate of one and two-tenths percent (1.2°10) on the gross receipts from the short-term lease or rental of heavy equipment by a person whose principal business is the short-term lease or rental of heavy equipment at retail. This tax provides an alternative to a property tax on the equipment. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution imposing gross receipts tax on heavy equipment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 16-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION IMPOSING A GROSS RECEIPTS TAX ON HEAVY EQUIPMENT IN LIEU OF PROPERTY TAX WHERAS, the North Carolina General Assembly has ratified Senate Bill 1852, which has been designated as Session Law 2008-144 [the "Act"]; and WHEREAS, North Carolina General Statute 105-275(42a) designates Heavy Equipment on which a gross receipts tax maybe imposed under 153A-156.1 and 160A-215.2 as a special class of property which is exempted from property taxation and shall not be listed, appraised, assessed or taxed after July 1, 2009; and WHEREAS, in lieu thereof, North Carolina General Statute 153A-156.1 authorizes a County by resolution to impose a tax at the rate of one and two-tenths percent (1.2%) on the gross receipts from the short term lease or rental of heavy equipment by a person whose principal business is the short-term lease or rental of heavy equipment at retail; and WHEREAS, this tax provides an alternative to a property tax on the equipment. NOW THEREFORE, BE IT RESOLVED by the New Hannover County Board of Commissioners that: Section 1. Definitions. In addition to the common meanings of words, the following definition of "Heavy Equipment" shall mean earthmoving, construction, or industrial material handling equipment, industrial electrical generation equipment, or similar piece of industrial equipment. Section 2. Levv of Tax. A tax is hereby imposed and levied in an amount equal to one and two tenths percent (1.2%) of the gross receipts derived from the short-term lease or rental of heavy equipment at retail. Section 3. Collection of the Tax. Every person whose principal business is the short-term lease or rental of heavy equipment at retail shall collect at the time of the lease or rental, or at the time of the payment of the consideration therefor, the tax herein levied. A person is not considered to be in the short-term lease or rental business if the majority of the person's lease and rental gross receipts are derived from leases and rentals to a person who is a related person as defined under G.S. 105-163.010. The tax so collected shall be placed in a segregated account, and thereafter remitted to the Finance Officer in accordance with the provisions of the Resolution. The taxpayer shall include a provision in each retail short-term lease or rental agreement, or other documentation evidencing the transaction, stating that the percentage amount enacted by this Resolution of the total lease or rental price, excluding sales tax, is being charged as a tax on gross receipts. The amount of the tax shall be paid by the customer to the taxpayer as trustee for and on account of the County of New Hanover. The taxpayer shall be liable for the collection Board of Commissioners Meeting 10/20/2008 16-1-1 thereof and for its payment to the Finance Officer and the taxpayer's failure to charge or to collect said tax from the customer shall not affect such liability. [G.S. 153A-156.1]. Section 4. Retort and Payment of Tax. Taxes levied under this Resolution are due and payable when a return is required to be filed. Every taxpayer shall, within the time specified, submit a return to the Finance Officer on the form prescribed by the Finance Officer. A return must be signed by the taxpayer or the taxpayer's agent. Returns of taxpayers are due to the Finance Officer for each calendar quarter on or before the last day of the month following the end of the quarter in which the tax accrues. As provided in G.S. 153A-156.1, a return shall not be considered public record and information contained in a return may be disclosed only in accordance therewith. Section 5. TTyer to Keep Records. The taxpayer shall keep and preserve suitable records of the gross receipts received by such taxpayer in the conduct of business and such other books or accounts as may be necessary to determine the amount of the tax for which such taxpayer is liable under the provisions of this Resolution. It shall be the duty of the taxpayer to keep and preserve for a period of three years all such records of gross receipts and other books and accounts described. All records, books, and accounts herein described shall be open for examination at all reasonable hours during the day by the Finance Officer or the Finance Officer's duly authorized agent. Section 6. Situs. Gross receipts from the short-term lease or rental of heavy equipment are subject to the tax imposed by this Resolution if the place of business from which the heavy equipment is delivered is located within the boundaries of the County of New Hanover. Section 7. Authorit .This resolution is enabled pursuant to the provisions of G.S.153A-156.1. Section 8. Effective Date. This resolution shall and the taxes thereby levied and imposed shall become effective January 1, 2009. ADOPTED this the 20th day of October, 2008. NE~U HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 16-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 CONSENT ITEM: 17 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2009. 09-051- Aging 09-061 - Department of Social Services 09-043 - Department of Social Services 09-062 - Health 09-052 - Sheriff s Office 09-053 - Sheriffs Office 09-054 - Sheriffs Office 09-055 - Sheriffs Office 2009-19 -Sheriffs Office 2009-20 -Finance/Planning RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 09-051 BlA 09-061 B/A 09-043 B/A 09-062 B/A 09-052 B/A 09-053 B/A 09-054 B/A 09-055 B/A 2009-19 BlA 2009-20 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 10/20/2008 17-0 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 17-0 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-051 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-051 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Aging /Transportation Ex enditure: Decrease Increase Trans ortation: Contract Services- Trans ortation for elderl $23,862 Total $23,862 Revenue: Decrease Increase Trans ortation: ETAP Grant -State De artment Of Trans ortation $23,862 Total $23,862 Section 2: Explanation To increase budget for actual allocation of funding received under an Elderly and Disabled Transportation Assistance Program Grant (ETAP) from the State Department of Transportation (DOT) for FY08-09. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-051, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 17-1-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-061 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-061 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS /Work First Demo Grant Ex enditure: Decrease Increase Work First Demo Grant: Salaries & Wa es $48,464 Social Securit Taxes 3,708 Lon Term Disabilit Insurance 131 Medical Insurance Ex ense 8,013 Retirement -Local Government Em to ee 2,370 Contract Services 83,433 Su lies - Com uter & Other 10,000 Trainin & Travel 500 Client Trans ortation 4,407 Work First Transition Checks $16,351 Total $161,026 $16,351 Revenue: Decrease Increase Work First Demo Grant: 0 eratin Grants & Contributions -TANF-WF Demo Grant $144,675 Total $144,675 Section 2: Explanation To decrease budget for actual allocation of funding received under the third year of TANF Work First Demo Grant for FY08-09. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-061, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 17-2-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-043 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-043 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS / TANF Employment Programs Ex enditure: Decrease Increase TANF Em to ment Pro ams: Work Function Assessment $30,800 Total $30,800 Revenue: Decrease Increase TANF Em to ment Pro ams: 0 eratin Grants & Contributions -Work Function Assessment $30,800 Total $30,800 Section 2: Explanation To increase budget for newly allocated funding received for TANF Employment Programs Work First functional assessments for FY08-09. These services were eliminated from New Hanover County's Work First Demo Grant Year 3 allocation. However, $30,800 of additional funds has been allocated to NHC for functional assessments within the TANF Work First employment programs for FY08-09. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-043, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 17-3-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-062 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-062 fiscal year ending June 30, 2009. Commissioners of New Hanover County, North be made to the annual budget ordinance for the Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Partnership for Children Ex enditure: Decrease Increase Health/Partnershi for Children: Salaries and Wa es $14,042 Social Securit $582 Retirement -Local Government 212 Medical Insurance 1,360 Lon Term Disabilit 14 Printin 25 Su lies 1,659 Dues and Subscri bons 70 Em to ee Reimbursements 100 Trainin and Travel 1,823 Advertisin Cost 300 Total $2,168 $18,019 Revenue: Decrease Increase Health/Partnershi for Children: State Grant - Partnershi for Children $15,851 Total $15,851 Section 2: Explanation The New Hanover County Health Department requests that the budget for Partnership for Children be amended to reflect the actual grant award of $176,893, and adjustments be made to the appropriate line items to reflect this additional grant award of $15,851. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-062, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Sheila L. Schult, Clerk to the Board Robert G. Greer, Chairman Board of Commissioners Meeting 10/20/2008 17-4-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-052 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-052 fiscal year ending June 30, 2009. Commissioners of New Hanover County, North be made to the annual budget ordinance for the Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Support Services Ex enditure: Decrease Increase Sheriff sOffice/Su ort Services: Su lies $13,618 Total 513,618 Revenue: Decrease Increase Sheriff sOffice/Administration: Miscellaneous Revenue $13,618 Total 513,618 Section 2: Explanation To budget insurance proceeds received for the water damage that occurred in the Support Services Division in the Judicial Building. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-052, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Sheila L. Schult, Clerk to the Board Robert G. Greer, Chairman Board of Commissioners Meeting 10/20/2008 17-5-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-053 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-053 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Uniform Patrol Ex enditure: Decrease Increase Sheriff sOffice/Uniform Patrol: Trainin and Travel $10,000 Total $10,000 Revenue: Decrease Increase Sheriff sOffice/Uniform Patrol: Governor's Hi hwa Safe Pro ram Grant $10,000 Total $10,000 Section 2: Explanation To budget Governor's Highway Safety Program (GHSP) 2009 Law Enforcement Liaison (09 LEL) Reimbursement Grant Award. The Board of Commissioners granted approval to apply for the Grant on July 21, 2008. There is no local funding match. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-053, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 17-6-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-054 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-054 fiscal year ending June 30, 2009. Commissioners of New Hanover County, North be made to the annual budget ordinance for the Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Detention Ex enditure: Decrease Increase Sheriff/Detention: Su lies $73,655 Total 573,655 Revenue: Decrease Increase Sheriff/Detention: State Criminal Alien Assistance Pro ram Grant $73,655 Total 573,655 Section 2: Explanation To budget 2008 State Criminal Alien Assistance Program (SCAAP) funds. SCAAP Program provides federal payments for incurred costs for incarcerating certain undocumented criminal aliens. SCAAP payments are calculated simultaneously, with applicants receiving prorated payment based on the appropriation, costs submitted, and inmates as determined by the Department of Homeland Security. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-054, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Sheila L. Schult, Clerk to the Board Robert G. Greer, Chairman Board of Commissioners Meeting 10/20/2008 17-7-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-055 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-055 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff/Uniform Patrol Ex enditure: Decrease Increase Sheriff/UniformPatro1: Contin enc $73,838 Salaries and Wa es $181,712 Social Securit Taxes 13,902 Retirement -Local Government 8,886 Retirement - 401K 9,085 Medical Insurance Ex ense 32,052 Lon Term Disabilit Insurance 491 Total $73,838 $246,128 Revenue: Decrease Increase Sheriff/UniformPatro1: Governor's Hi hwa Safe Pro ram Grant $172,290 Total $172,290 Section 2: Explanation To budget a Governor's Highway Safety Program (GHSP) 2009 Traffic Enforcement Grant award of $246,128 federal funds, with local match funds of $73,838, for a total project of $246,128. This is the second year of funding for athree-year project. The second year grant continues the funding of 4 positions until September 2009. The positions were originally approved by the County Commissioners on March 10, 2008, and funded through September 2008. On July 21, 2008, the Board of County Commissioners granted approval to apply for the grant and, if awarded, General Fund Contingency funds be used for the local match requirement of $73,838. With approval of this budget amendment, the amount available in Contingency will be reduced from $540,289 to $466,451. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-055, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 17-8-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-19 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-19 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriff s Office Ex enditure: Decrease Increase Controlled Substance Tax: Su lies $3,950 Total $3,950 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $3,950 Total $3,950 Section 2: Explanation To budget 9/24/08 receipt. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-19, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 17-9-1 AGENDA: October 20, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-20 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-20 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Scattered Site Housing-Grant #3 (Fund 390) Department: Finance Ex enditure: Decrease Increase CDBG Scattered Site Housin #3: Ca ital Pro'ect Ex ense $1,943 Transfer to General Fund Plannin $1,943 Total $1,943 $1,943 Fund: General Fund Department: Planning Ex enditure: Decrease Increase Plannin Tem ora Salaries $1,805 FICA $13 8 Total $1,943 Revenue: Decrease Increase Plannin Transfer from Ca ital Pro'ects-Scattered Site Housin $1,943 Total $1,943 Section 2: Explanation This budget amendment is to transfer funds from Scattered Site Housing (Fund 390) into Planning's budget for temporary salaries and FICA incurred by the intern working on this project. This is for the quarter ending 9-30-08. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-20, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 17 -10 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 REGULAR ITEM: 18 DEPARTMENT: Human Resources PRESENTER(S): Bruce T. Shell CONTACT(S): Libby Moore SUBJECT: Presentation of Employee Service Awards and Introduction of New Employees BRIEF SUMMARY: SERVICE AWARDS: FIVE (5) YEARS Atabaa Hanible-Goodman, Sheriff's Office Kimberly Johnston, Information Technology Stephen Malpass, Parks Courtney Padgett, Fire Services Patricia Roberts, Inspections TEN (10) YEARS Regina Anderson, Department of Social Services Donald Chestnut, Fire Services Dorian Flowers, Fire Services Jerry Garrett, Fire Services Brett Ham, Fire Services Henry Montgomery, Tax Department Willie Murray, Fire Services Malcolm Smith, Fire Services FIFTEEN (15) YEARS Bobby Blackmon, Sheriff's Office Cheryl Mote, Department of Social Services Lloyd Prince, Inspections TWENTY (20) YEARS Barbara Hull, Finance TWENTY FIVE (25) YEARS Vonzella Jones, Sheriff's Office NEW EMPLOYEES : Michelle Amundsen, Health Department Harold Andrews, Property Management Ronald Beasley, Sheriff's Office David Bowens, Public Safety Communications Amanda Cliffe, Health Department Michael Conant, Department of Social Services Steven Eldridge, Environmental Management Amanda Fish, Sheriff's Office Board of Commissioners Meeting 10/20/2008 18-0 Kevin Gore, Fire Services Kathy Hudson, Department of Social Services Lesha Johnson, Department of Social Services Terrence Meyers, Environmental Management Jeffrey Niebauer, Tax Department Joshua Oliviera, Property Management Stephen Reagan, Sheriff's Office Kellen Simpson, Sheriff's Office Brad Tarplee, Sheriff's Office LaVVanda Thompson, Property Management Robert Tinsley, Department of Social Services Donovan Wieas, Property Management Nicole Zimmer, Department of Social Services RECOMMENDED MOTION AND REQUESTED ACTIONS: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present service awards and recognize new employees. COMMISSIONERS' ACTIONS: Presented service awards and recognized new employees. Board of Commissioners Meeting 10/20/2008 18-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 REGULAR ITEM: 19 DEPARTMENT: Governing Body PRESENTER(S): William A. Caster CONTACT(S): Sheila L. Schult SUBJECT: Consideration of a Resolution Supporting Wilmington Downtown, Inc.'s Request to the Alcohol Beverage Control Commission BRIEF SUMMARY: The Board discussed two letters from Wilmington Downtown, Inc. to the Alcohol Beverage Control Commission at the September 22, 2008 meeting and their request that the County submit similar letters of support. The Board delayed the item until it had been considered by all the municipalities. The City of Wilmington adopted a resolution to support both letters. Kure Beach, Wrightsville Beach and Carolina Beach adopted resolutions to support the elimination of the three-day wait rule only. Staff has drafted two resolutions for the Board's consideration. The first resolution supports both letters and the second supports only the elimination of the three-day wait rule. Additional background information and documents are attached. John Hinnant, Executive Director of Wilmington Downtown, Inc., will be at the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider the resolutions. ATTACHMENTS: Draft Resolution a Draft Resolution b Background Information Letter One Letter Two Kure Beach Resolution City of Wilmington Resolution Wrightsville Beach Resolution Carolina Beach Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider the resolutions. Board of Commissioners Meeting 10/20/2008 19-0 COMMISSIONERS' ACTIONS: A motion to approve draft resolution a failed for lack of a second. No action was taken. Board of Commissioners Meeting 10/20/2008 19-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING WILMINGTON DOWNTOWN, INC.' S REQUEST TO THE ALCOHOL BEVERAGE CONTROL (ABC) COMMISSION TO ELIMINATE THE PRESENT THREE-DAY WAITING RULE FOR MEMBERSHIP TO PRIVATE CLUBS AND ALLOWING LOCAL JURISDICTIONS THE AUTHORITY TO IMPOSE ADDITIONAL FEES TO OFFSET THE COSTS OF OVERSIGHT OF BAR RELATED ACTIVITIES WHEREAS, New Hanover County, like many tourist communities is in the enviable position of having people from all over visit our county to relax and have a good time; and WHEREAS, because of this natural attraction, the area has an abundance of restaurants and bars to satisfy the desires of the patrons; and WHEREAS, the Alcohol Beverage Control (ABC) Commission currently imposes athree-day wait period on any individual requesting to join a private bar that serves liquor by the drink; and WHEREAS, the requirement prohibits some visitors to the area from entering private clubs; and WHEREAS, the requirement results in potential loss of revenue; and WHEREAS, it is also desirous to have the fees charged to private bar establishments adjusted to cover the costs to local governments for enforcement of alcohol related public safety issues and this request has been made by Wilmington Downtown, Inc. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners supports the requests of Wilmington Downtown, Inc. to the ABC Commission to eliminate the three-day wait rule for private bar memberships, and allowing the fees for ABC permits to be increased to cover the costs to local communities for alcohol related public safety issues. ADOPTED this the 20th day of October, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 19-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING WILMINGTON DOWNTOWN, INC.' S REQUEST TO THE ALCOHOL BEVERAGE CONTROL (ABC) COMMISSION TO ELIMINATE THE PRESENT THREE-DAY WAITING RULE FOR MEMBERSHIP TO PRIVATE CLUBS WHEREAS, New Hanover County, like many tourist communities is in the enviable position of having people from all over visit our county to relax and have a good time; and WHEREAS, because of this natural attraction, the area has an abundance of restaurants and bars to satisfy the desires of the patrons; and WHEREAS, the Alcohol Beverage Control (ABC) Commission currently imposes athree-day wait period on any individual requesting to join a private bar that serves liquor by the drink; and WHEREAS, the requirement prohibits some visitors to the area from entering private clubs; and WHEREAS, the requirement results in potential loss of revenue. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners supports the request of Wilmington Downtown, Inc. to the ABC Commission to eliminate the three-day wait rule for private bar memberships. ADOPTED this the 20th day of October, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 19-2-1 Background Information Regarding Wilmington Downtown, Inc.'s requests to the ABC Commission The Board discussed two letters from Wilmington Downtown, Inc. to the Alcohol Beverage Control Commission at the September 22, 2008 meeting. 1) The first letter requests the ABC Commission to adopt a new membership provision that would allow an instant membership, thereby eliminating the three-day wait rule. 2) The second letter requests the ABC Commission to revise the fee structure for Liquor By the Drink retailers and empower local law enforcement to assist ALE officers. John Hinnant, Executive Director of Wilmington Downtown, Inc. requested that the Board of Commissioners submit similar letters of support. Kure Beach adopted a resolution on Septemberl6, 2008 supporting the first letter only. The City of Wilmington adopted a resolution on September 17, 2008 endorsing both letters. The Board of Commissioners delayed the item on September 22 until the remaining municipalities had considered the item. Wrightsville Beach adopted a resolution September 25, 2998 endorsing the first letter only. Carolina Beach adopted a resolution October 7, 2008 supporting the first letter only. The original letters from Wilmington Downtown are attached, as well as the municipal resolutions adopted. Board of Commissioners Meeting 10/20/2008 19-3-1 September 2, 2008 North Carolina Alcohol Beverage Control Commission Attn: Chief Counsel Fred Gregory 4307 Mail Service Center Raleigh, NC 27699-4307 . Mr. Gregory; Thank you for attending the open forum in Wilmington August 12t~, to discuss the membership rules as they relate to the private club status of ABC license holders. As we discussed, I would like to formally request that the North Carolina ABC Commission consider adopting a new membership provision that would allow an instant membership, thereby eliminating the three day wait rule. Reasons for this needed change include the impact of Tourism. Areas like New Hanover County see a significant increase in visitors and population during the summer season. It lacks good sense that we have customers at the door who can't spend money in our local economy. Most visitors spend less than five days here and athree-day wait sharply limits the amount of discretionary income that they can spend in our market. Additional reasons include the anticipated impact of the Defense Base Closure and Realignment Commission ~BRAC}. Fayetteville, Jacksonville and Cherry Paint are anticipating significant growth as a result .of the federal investment in those communities to expand their respective military bases. This influx of transient citizens can offer a significant increase in the local sales tax base. Similarly, the growing film industry in North Carolina brings many transient citizens who could also have an impact on the local sales tax base in various North Carolina communities. Finally, the City of Wilmington is building a $62 million dollar convention center. As a result, we have one hotel expansion of 150 rooms, aseven-story hotel in the planning stage, at least two other lots under contract by hotel developers and the convention center's on-site hotel of 157 rooms. Downtown Wilmington could soon have 1,000 new hotel rooms and the visitor traffic to fill them. At present, we have 65 +J- alcohol licenses in asix-block-long area with a capacity of about 10,000 people. Half of those licenses are private clubs. We may not be able to support the visitors and convention- goers in our restaurants alone as long as this three-day wait rule remains in effect. WILMINGTON DOWNTOWN, INC. 2Z5 SOUTH WATER STREET ' POST QFFICE BOX 2235 ' WILMINGTON, NORTH CAROLINA 2S4O2 j1~1~~1i(' 910.763.7349 , f (!.l$~~~:3~~° 1qq~ ~,~,1~,~~et~~W.WILMINGTONDOWNT4VVN.COM I~~~Ob 19-4-1 If you have any questions, or need me to testify before the commission, please call X910} 763-7349 or email, ~ohn~wilmingtondowntown.~om. Respectfully submitted; ~ ~ ~-~ John Hinnant Executive Director Wilmington Downtown, Inc CC: Wilmington City Cauncil New Hanover County Commissioners Town of Wrightsville Beach Board of Alderman Town of Carolina Beach Town Cauncil Town of Kure Beach Town Council Cape Fear Convention and Visitors Bureau -Tourism Development Authority Downtawn Business Alliance ~Wilrnington} Association of Bars owners and Restaurants Downtown ~ABCARD} -Wilmington USMC - Carnp Lejeune US Army -Fort Bragg North Carolina Downtown Development Association Board of Commissioners Meeting 10/20/2008 19-4-2 September 2, 2008 North Carolina Alcohol Beverage Control Commission Attn: Chief Counsel Fred Gregory 4307 Mail Service Center Raleigh, NC 27699-4307 Mr. Gregory; Thank you for attending the open forum in Wilmington August 12~~, to discuss the membership rules as they relate to the private club status of license holders. As we discussed, I would like to request that the North Carolina Alcohol Beverage Control Commission revise the fee structure for Liquor By the Drink (LBD} retailers. The City of Wilmington and New Hanover County are part of District 3. This huge region is served by only eight ALE officers who must cover seven counties. At present, there are 65+I- alcohol retailers in asix-black-long area of downtown Wilmington. Approximately half of those retailers are restaurants; the rest are private clubs. obviously, on a busy Friday or Saturday night, public safety becomes a top priority for our citizens and law enforcement. The Board of Director of Wilmington Downtown, Inc would like to propose a change to the ABC Fee Structure whereby local municipalities andlor policing authorities would be allowed to charge up to 100% of the state license fee for an LBD Permit. These funds, should local municipalities decide to enact the provision, would be used to address public safety issues created by patrons of the LBD permit holders. These issues include, but are not limited to, Driving While Impaired, disorderly conduct, vandalism, alcoholism treatment and education and domestic violence. We hope that with this change, the ABC Commission would ernpower the local law enforcement agency to assist, cooperate with and perform the duties of the ALE officers. The ALE lacks the resources to perform its responsibilities to the standard that the citizens of the City of V~ilmington expect. Empowering local police to assist ALE would give our community and many others around the state the tools we badly need to better regulate our numerous night spots. This in turn will help us to promote safe and entertaining nightlife in our central business district. .WILMINGTON DOWNTOWN, INC. ZZ5 SOUTH VL~ATER STREET POST OFFICE BOX ZZ3J WILMINGTON, NORTH CAROLINA Z840Z ~~]~r~~]c~ 910.763.7349 , f {l.t~~~.°~~3° ~ si ~~~,~~et,w WILMINGTQNDGWNTOWN.coM lzo~~ 19-5-1 If you have any questions, or need me to testify before the commission, please call X910} 7b3- 7349 or email, John~wilmin to,~ndo_wntown.com. Respectfully submitted; John Hinnant Executive Director Wilmington Downtown, Inc CC: Wilmington City Council New Hanover County Commissioners Town of Wrightsville Beach Board of Alderman Town of Carolina Beach Town Council Town of Kure Beach Town Council Cape Fear Convention and Visitors Bureau -Tourism Development Authority Downtown Business Alliance Wilmington} Association of Bars owners and Restaurants Downtown ~ABDARD} -Wilmington USMC -Camp Lejeune US Army -Fort Bragg North Carolina Downtown Development Association Board of Commissioners Meeting 10/20/2008 19-5-2 ••~, ~ ~~:~~.\ F;' ~~ ~` ~~ ~~ ~ ~ TOWN ~O NAIL f ~(` 1 ~. E~ ,~ ~ .~ f ~~~~. ~~-- ~~~~~ TOWN ~F KURE BEACH NC ,. ~;~. V SOLUTION BYTHE TOWN COUNCIL OF THE TOWN OF KURE BEACH SUPPORTING WILMINGTON DOWNTOWN INC'S REQUEST TO THE NORTH CAROLINA ABC COMMISSION TO ELIMINATE THE THREE DAY WAIT RULE WHEREAS: The Town of Kure Beach, North Carolina, received a request for support from Wilmington Downtown Inc. in it's request to the North Carolina Alcoholic Beverage Commission to consider adopting a new membership provision that allows an instant membership, thereby eliminating the three ~3}day wait rule, and WHEREAS: W ilmington Downtown Inc, believes the elimination of the three day wait rule is necessary because the current requirement impacts tourism in the form of the significant increase in visitors and population during the summer season that cannot spend money in the local economy as most visitors spend less than five days in the area and a three day wait sharply limits the amount of discretionary income that can be spent in the market, and WI~EREAS, Wilmington Downtown Inc. feels that additional reasons to eliminate the three .day wait rule include the fact that the anticipated impact of the Defense Base Closure and Realignment Commission ~BRAC} will cause significant growth in Fayetteville, Jacksonville and Cherry Point as a result of the federal investment in those communities to expand their respective military bases and this influx of transient citizens can offer a signif cant increase in the local sales tax base, and WHEREAS, the growing film industry in North Carolina brings many transient citizens who could also have an impact on the local sales tax base in various North Carolina communities, and WHEREAS, the City of Wilmington is building a $62 million dollar convention center which will bring additional hotels and visitors to the area, and WHEREAS, at present, downtown Wilmington has approximately ~5 alcohol licenses in a six block long area with a capacity of about 10,000 people half of which are private clubs which means that the area may not be able to support the visitors and convention goers as long as the three day wait rule remains in effect, and WHEREAS, the Town of Kure Beach prides itself as a "family beach", with typical visitors staying in our market a total of 4.15 days, and a three ~3}day wait hurts the Wilmington area tourist market's ability to capture additional local sales. NOW THEREFORE, be it resolved that the Kure Beach Town Council recognizes the importance of tourism to the economies of ali the municipalities in New Hanover County and RO$-07 Board o~C~'omma~'sio hers Meeting 10/20/2008 19-6-1 here by lends support to Downtown Wilmington Inc. in their petition to the North Carolina ABC Commission to allow an instant membership provision and eliminate the three day wait rule. ADOPTED at a regular meeting of the Kure Beach Town Council held on the 16th day of September, 20oS. '~~~~~~~~~~~sr~t~~+~ ,~~ ~V ~~~ `f ~~1~~ ~ o ~ ~ ,, ~. '.~ ~ o .. z _ ~~~ ~ ~~ ~ ~, w ~ ~ r A ~ ~ ~ • ~ `~ \\'' ~ ~r~~~~f ~~111w~~~~ ATTEST: fancy Aver Town Cl R08-D7 Boar~~rr~'ss~~`ers Meeting 2 10/20/2008 19-6-2 Item R2 ~~~~ i~ ~ ~ ~ ~~ .': ~ , E ~'~,~ ~i739 09/17/2008 CITY of WILMINGTON North Carolina P.O. BOX 1810 28402 City Council City Hall Wilmington, North Carolina 28401 Dear Mayor and Councilmembers: OFFICE OF THE CITY MANAGER (910) 341-7810 FAX (910) 341-5839 TDD (910) 341-7873 This resolution is being prepared at the request of Councilmember Jason Thompson. As you know, the Downtown area has a substantial number of bars that serve alcohol, many of them private bars. In discussing military issues with downtown bars, it became evident that the present three-day wait for membership to private bars has adversely affected our military personnel, in particular and their enjoyment of the downtown scene. Other patrons can be adversely affected as well. Concerns have also been expressed over time that the private bars which generate a variety of public safety challenges, such as driving under the influence, disorderly conduct, alcohol treatment, education and domestic violence be charged the costs for the local public safety efforts aimed at addressing them. Wilmington Downtown Inc., (WDI) has respectfully requested of the Alcohol Beverage Control (ABC) Commission that the three day waiting period be lifted immediately and that local governments be given the ability to adjust ABC Permit fees to cover the additional costs of public safety for bar type establishments. Favorable consideration of the request of WDI would do much to further promote our local economic development and enhance public safety in the area. Your favorable consideration of this resolution is recommended. Passage of the attached Special Resolution is recommended. Respectfully submitted, Sterling B . Cheatham City Manager Board of Commissioners Meeting 10/20/2008 19-7-1 R2-1 Resolution City Council City of Wilmington North Carolina Introduced By: Jason Thompson, Councilmember Date: 09/17/2008 Resolution Endorsing the Request of Wilmington Downtown Inc., (WDI) of the Alcohol Beverage Control (ABC) Commission to Eliminate the Present Three-day Waiting Rule for Membership to Private Clubs and Allowing Local Jurisdictions the Authority to Impose Additional Fees to Offset the Costs of Oversight of Bar Related Activities LEGISLATIVE INTENT/PURPOSE: The City of Wilmington, like many tourist communities is in the enviable position of having people from all over visit our City to relax and have a good time, and Whereas, because of this natural attraction, the downtown area has an abundance of restaurants and bars to satisfy the desires of the patrons, and Whereas, The Alcohol Beverage Control (ABC) Commission currently imposes a three day wait period on any individual requesting to join a private bar that serves liquor by the drink, and Whereas, this requirement prohibits some visitors to our City from entering private clubs, and Whereas, this requirement results in potential loss of revenue to the City and the Sate, and Whereas, it is also desirous to have the fees charged to bar type establishments be adjusted to cover the costs to local governments for enforcement of alcohol related public safety issues, such as driving while impaired, disorderly conduct, vandalism, alcohol treatment, education and domestic violence, and this request has been made of the ABC Commission by WDI. THEREFORE, BE IT RESOLVED: THAT, the Wilmington City Council hereby endorse the requests of WDI of the ABC Commission to eliminate the three-day wait for private bar memberships, and allowing the fees for ABC permits to be increased to cover the costs to local communities for alcohol related public safety issues. Bill Saffo, Mayor Adopted at a meeting on , 2008. ATTEST: City Clerk Board of Commissioners Meeting R2-2 10/20/2008 19-7-2 RESOLUTION NO. (2008) 1600 ~~~~~~~ Board of Aldermen Town of Wri htsviile Beach Noah Carolina ~ ~~ g Se tember ~5, Za4S 3 p N. ~. A RESC~LUTIQN CAF THE BOARD 4F ALDERMEN CAF THE TOWN CF WRIGHTSVILLE BEACH, NORTH CARQLINA ENDORSING THE REQUEST CF WILMINGTON DGWNT4WN, INC. ~UIIDI} QF THE ALCGHGL BEVERAGE CCNTRQL ABC} CUMMISSICN TG ELIMINATE THE PRESENT THREE-DAY WAITING RULE FC~R MEMBERSHIP TC~ ' PRIVATE CLUBS WHEREAS, The Town of Wrightsville Beach, like many tourist communities, is in the enviable position of having people fram all over visit our Town to relax and have a good time; and WHEREAS, because of this natural attraction, the coastal area has an abundance of restaurants and bars to satisfy the desires of the patrons; and WHEREAS, the Alcohol Beverage Control ABC} Commission currently imposes a three-day waiting period on any individual requesting to join a private clublbar that serves liquor by the drink; and WHEREAS, this requirement prohibits same visitors to our Town fram entering private clubs and results in potential loss of revenue to the Town and the State. Naw, THEREFaRE, BE IT RESaLVED that the Board of Aldermen of the Town of Wrightsville Beach, North Carolina, does hereby endorse the requests of Wilmington Downtown, inc. for the ABC Commission to eliminate the three-day waiting period for private clublbar memberships. This Resolution adopted this ~~t~ day of September, 2gg8. ATTEST. Sy v' J. Holl an, Town Clerk Board of C 1omr/mists/~ionnxers Meeting 1 O/2o/ LOOV 19-8-1 ter ,~~ "~.~~5~'~'z ` ~ ~~t a~ ~" ~ ~`"` ;, r~ ~ ~~ ' ~~ ~ ~ r ~' ~ ~ v ~:, ~ ~ C ~ • ~ ~ " G~ ~ ~;~ ~ ~~ ~~ ~~ ~ ~ :~ r ~ ~ «,, `~ :. ~ P r, t !1 r.' u,n ~ t+`'^~•~ ,.j q lie;;` M/ r ~~•• -i i ti.~ «.~'~. ' *~~a»5 u,~w RESOLUTION NO.08,933 TQWN COUNCxL 'fiUWN OF CARQLINA BEACH, NC RESOLUTION BY THfi TOWN COUNG~C, OF THE TOWN OF CAROLINA BEA,C~i ~UP"PCRT~1+~ '~~TUN I~-0~'~'1~Tt~V~i' ]~'~' ~ REQL~E~T T~ TFIE NC~R'T~I CAR~LIl~1A ABC CC-1~CMIS~~C~N T4~ ELLI~IATE THE '~~ I~AY WAIT RC~'LE WH1~RE,', The Town of Carolina beach, N~rthh Carol~ia received a request fc~r support dam ~Vilmtngtan Iaoarntc~wn Inc, in it's r~uest to the ~t~arth Caraliua Alcoholic ~eve~` Cammisaion to consider adapting a new n~emborshxp provision that allows an instant membership, thereby elirninatinrg the three ~~~ day gait rule, and T~~RE.~,S, Wilmingt+cn ~cnvntown Inc, believes the elimination of the three day wait rule is necessa~'y because the content re~uire~nent impacts tourism in the form of the si nificant .. ~ ~ . ~narease to ~s~tars and ~pulat~an during the summer season that +~n+ct spend ~naney- rn the 1~ namy as most vrsrtars spend loss fan eve days in the area and a tree-clay wait sharply litn~ts the amount of d~scaretronary income that can b-e Spent in the tnet, and ~'~ER~A~, Wilmingtcan Dt~wntown Inc. feels that additional reasons to eliminate the three day wait rule include the fact that the anticipated ~rnpact ~f the I~efen~ base C1o~ure and Realignment Commi$si+~n ~BRA~~ will cause significant in Fayetteville, Jacksonville and Cherry Paint as a rosult of the federal inveatmer~ in those car~muruties to expand their pectiwe military bases and this influx ~f t~ra~sient citizens can offer a significant increase in the local sales tax base, and i~R~~S', th+s growing film industryy in Nart~h Carolina beings rrrany transient citi~sns who could alsc- have an impact an the local sales tax base in r-atious forth Carali~a camrnunities, and ~~'~s'A~, the city cif ~il~nin~tor# is building a $d2 million dollar con~entian center which X11 bring additional hotels and visitors to the area, and ~~t1~#~il~; at ~cesent, downtown Wiln~in~tan has appraxau~ately d5 aicohc~l licenses in a six black lad with a capacity of about 10,Q~0 people half of which are private clubs which means that the area nay not be able ~ suppt~rt the visitors and convention goers as fang as the three day wait rule remains in e~`ect, and Wd~~~Ol 84~~ 'til '~~0 Board of Commissioners Meeting 10/20/2008 19-9-1 WH~R1~91S, the Town of Caxalina Beacg prides itself a "Family beaoh'°~ with typical visitors staying iu our musrlcet a total of 4.1 S days, end a t~LreC ~~~ day wait hurts the wilmingtv;a a~a tourist ma~'ket'S agility to capture additional local ~los, ~~~ TIIEREF~I~, ge it resolved that th+s Carolina B~ Town Council reco~es the impo~#ance of tou~risna tv the economies of all the tnunicipa~ities in ~'ew mover Cour~y and h~egy lends support to ~wntown Wilmington inc. in their petition to the ~~ Carolina ABC Commission to allow an instant met~gership provision end eliminate the three day wait rulo~ AI~O~PTEI~ at a regular meaty of tae Carolina Beach Town Council held on the ~ day of ~ctoger, X008, ~,~"~~ Ja n, or ATTE~x; ~eI da 1~1, A~u~, To Clerk ~ 'd $$a~b'~N ~'~1~`i~~„' i, i'+tf~~ r ~~~~ ~ ~~ ~ ~~ .~, Wda~~~~ ~4~ '~l '~~0 Board of Commissioners Meeting 10/20/2008 19-9-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 REGULAR ITEM: 20 DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney CONTACT(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney SUBJECT: Public Hearing Regarding the Issuance of Hospital Revenue Bonds in an Aggregate Principal Amount Not to Exceed $40,000,000 BRIEF SUMMARY: The Board will conduct a public hearing regarding the issuance by the County of its hospital revenue bonds in an aggregate principal amount not exceeding $40,000,000 to finance costs associated with the acquisition, construction and equipping of additional improvements to New Hanover Regional Medical Center, including (i) additional construction of a surgery pavilion and related facilities, (ii) additional construction of a women's and children's pavilion and related facilities and (iii) the acquisition and installation of information system and other operating equipment; together with capitalized interest during construction of the Project. The Hospital is owned by the County and operated by the Corporation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. ATTACHMENTS: Public Hearing Notice COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. COMMISSIONERS' ACTIONS: Conducted public hearing and approved 5-0. Board of Commissioners Meeting 10/20/2008 20-0 NOTICE OF PUBLIC HEARING BY THE COUNTY OF NEW HANOVER NORTH CAROLINA NOTICE IS HEREBY GIVEN to all interested persons that the County of New Hanover, North Carolina (the "County") proposes to issue its hospital revenue bonds (the "Bonds"), in two series, in the principal amount of not more than Forty Million Dollars ($40,000,000}. The proceeds of the Bonds will be used to finance costs associated with the acquisition, construction and equipping of additional improvements to New Hanover Regional Medical Center, including (i) additional construction of a surgery pavilion and related facilities, (ii) additional construction of a women's and children's pavilion and related facilities and (iii) the acquisition and installation of information system and other operating equipment (collectively, the "2008 Project"). The 2008 Project is located at New Hanover Regional Medical Center, 2131 South 17th Street, Wilmington, North Carolina 28401 (the "Hospital"). The Hospital is owned by the County and operated by New Hanover Regional Medical Center, a North Carolina non-profit corporation, in Wilmington, North Carolina. Please take notice that the County will hold a public hearing at the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina 28401, on October 20, 2008, at 9:00 a.m. at which any person may be heard regarding the issuance of the Bonds and the financing of the 2008 Project. The public hearing, which may be continued or adjourned, will be held pursuant to Section 1470 of the Internal Revenue Code of 1986, as amended. All interested parties are invited to present comments at the public hearing regarding the proposed issuance of Bonds and the financing of the 2008 Project. Any person wishing to comment in writing on the revenue bond issue shall do so, within fourteen (14) days after the date of publication of this notice, to New Hanover County Board of Commissioners Attention: Sheila L. Schult, Clerk to the Board, 230 Government Center Drive, Suite 175, Wilmington, North Carolina 28403, if such comments are sent by United States mail. Sheila L. Schult Clerk, Board of Commissioners of the County of New Hanover October 3, 2008 NYC 676417.1 Board of Commissioners Meeting 10/20/2008 20-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 REGULAR ITEM: 21 DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney CONTACT(S): Avril Pinder, Finance Director and Wanda Copley, County Attorney SUBJECT: Consideration of Series Resolution Authorizing and Approving the Issuance and Sale of the County of New Hanover Variable Rate Hospital Revenue Bonds in the Aggregate Principal Amount Not to Exceed $40,000,000 BRIEF SUMMARY: The Board shall consider and take action on a Series Resolution providing for the issuance of the County's Hospital Revenue Bonds in the aggregate principal amount not to exceed $40,000,000, including the authorization of the execution and delivery of the Bond Purchase Agreement, Standby Bond Purchase Agreement, the Official Statement, a Fifth Amendment to Lease Agreement, a Credit Facility and the Remarketing Agreements and providing for other matters in connection therewith. The draft Series Resolution is available for review in the County Commissioners' Office and the County Manager's Office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Series Resolution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 21-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 REGULAR ITEM: 22 DEPARTMENT: County Manager PRESENTER(S): Marc Finlayson CONTACT(S): Bruce T. Shell SUBJECT: Presentation: Highway 17 Association BRIEF SUMMARY: Marc Finlayson, Executive Director of the Highway 17 Association, would like to provide an update on the progress and status of Highway 17. He will share the Highway 17 Impact Study prepared by ECU this year and the Association's most recent progress report. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. ATTACHMENTS: Highway 17 Progress Report COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 10/20/2008 22-0 Highway 17 Association Mission Statement and Goals 2007 - 2008 September 30, 2008 -Year End Mission Statement It is the mission of the Highway 17 Association to assure, through collective action and constancy of purpose, that the inclusion and funding of all unfunded portions of the US Highway 17 corridor shall be part of the NC Department of Transportation's 2009 Transportation Improvement Program (TIP) or as soon thereafter as possible. The Highway 17 Association will accomplish its mission by: ~ Protecting Highway 17 projects now fully funded in the TIP. ~ Being regional in vision and scope and not advancing one local project at the expense of another. ~ Anticipating and resolving local issues and concerns, and facilitating solutions where local conflicts exist. ~ Helping the DOT solve problems in planning, design, right-of way acquisition and construction, in order to advance Highway 17 projects. ~ Being an active partner with federal, state, regional and local stakeholders who share an interest in the completion of a fully controlled access, four-lane Highway 17 from Virginia to South Carolina. Board of Commissioners Meeting 10/20/2008 22-1-1 Highway 17 Association Mission Statement and Goals Goals, Strategies and Tactics Government Relations 2007 - 08 ~ Continue to meet regularly with County and City governing bodies in the Highway 17 corridor to keep elected officials appraised of progress and to address issues or concerns. o Who: Marc Finlayson o When: Throughout 2007-08 as appropriate. Progress: Since October 1, 2007 (Beginning of Association's fiscal year) Finlayson has made formal presentations to the Boards of Commissioners in Beaufort, Bertie, Brunswick, Craven, Jones, Martin, New Hanover, Onslow, Pasquotank, Pender and Perquimans Counties. He also formally addressed the town councils in the towns of Edenton and Windsor. In addition to the presentations, Finlayson met separately with new Jones County Manager Franky Howard; Pasquotank Manager Randy Keaton; Pender Manager Lori Brill; Chowan Manager Cliff Copeland; Camden Manager Randell Woodruff; Elizabeth City Manager Rich Olson and Edenton Manager Anne-Marie Knighton. Progress: Since the last report Finlayson has made presentations to the town councils in Williamston, Pollocksville, Elisabeth City, Washington and New Bern. Progress: Since the last report Finlayson has made presentations to the Board of Commissioners in Camden County, the City Councils of Wilmington and Jacksonville and addressed the Board of the Albemarle Economic Development Commission, which includes elected officials from Camden and Pasquotank Counties and Elizabeth City. In addition, Finlayson called on administrators for the Town of Windsor and Bertie County while he was traveling in the corridor. While attending a meeting in Pender County Finlayson met briefly with new interim county manager Al Greene. Progress: Since the last report Finlayson made a presentation to the Martin County Board of Commissioners concerning the Association's budget request. Finlayson also updated the Board of Directors of the NC Eastern Region partnership on the Association's activities. He worked closely with the Jones County administration to address the county's concern with DOT about money for project R-2514 slipping out of the TIP. On Jones County's behalf, Finlayson drafted a letter to the DOT Division 2 Board members and staff respectfully asking them to restore the funding. Progress: Since the last report Finlayson gave a progress update to the board of North Carolina's Northeast partnership where he was introduced by Windsor Mayor Bob Spivey. At the invitation of the Hampstead Homeowners Association, Finlayson attended a meeting of stakeholders interested in the Hampstead Bypass project, including Pender County Commissioner David Board of Commissioners Meeting 10/20/2008 22-1-2 Williams. Finlayson met briefly in Raleigh with members of the County Commission delegations of Martin, Craven and Onslow Counties, and met the interim manager of Onslow County. The local leaders were at the Capitol on behalf of the NC Association of County Commissioners. Finlayson stopped by the Chowan County administrative offices to leave a card and word of greeting for new county manager Peter Rascoe. Progress: Since the last report Finlayson has made presentations to the Board of Commissioners in Jones County, Craven County, Pender County, Onslow County and Martin County, the City Council of New Bern and the Town Board of River Bend. ~ Continue to meet regularly with the DOT Board members representing the Highway 17 corridor and with key DOT staff to stay up to date on progress, issues and concerns. o Who: Marc Finlayson. o When: Throughout 2007-08. Progress: Finlayson participated in the quarterly meeting of DOT Board members and DOT staff to update Highway ~7 project status. Board members Marvin Blount, Louis Sewell, Stan White and Lanny Wilson attended. Finlayson conducted an interview with Stan White that was used as a profile of Mr. White in the October edition of the Association's newsletter. Finlayson and Lanny Wilson both addressed the Pender County Board of Commissioners on November 19 regarding the progress of the Hampstead Bypass project. Finlayson worked with Rob Hanson, DOT's Eastern NC Project Development Engineer, to get a copy of the draft 2009 TIP when it was published at the beginning of November. Progress: Finlayson participated in the January 2008 quarterly meeting of DOT Board members and staff to update Highway 17 projects. Board members Stan White, Marvin Blount III and Louis Sewell attended. On behalf of the Association, Finlayson addressed the Transportation Improvement Program (TIP) public hearings of DOT Divisions 2 and 3, in Winterville and Jacksonville respectively. He attended but did not address the Division 1 public hearing in Elizabeth City, but he did meet briefly after the hearing with Division 1 board member Stan White. Progress: At the invitation of the Hampstead Homeowners Association, Finlayson attended a DOT hearing in Pender County to discuss the proposed Hampstead Bypass. Division 3 Engineer Allen Pope led the briefing, which also included remarks by Division 3 Board member Lanny Wilson. Progress: Finlayson participated in the April quarterly meeting of DOT Board members and staff to update Highway 17 projects. Board members Stan White, Marvin Blount III, Cam McRae, Louis Sewell and Lanny Wilson participated. Finlayson personally delivered the Jones County letter to Marvin Blount, Cam McRae and Division 2 engineer Neil Lassiter, and in fact spoke with them prior to the delivery to discuss the content, as the news media had become aware of the letter and intended to publish a story about it. Finlayson communicated with Eastern NC project Development Engineer Rob Hanson regarding a Board of Commissioners Meeting 10/20/2008 22-1-3 request for information about the Jones County project from the activist group the Land Loss Prevention Project. Progress: Finlayson attended the ribbon cutting and dedication of the Windsor Bypass on June 16. Transportation Secretary Lyndo Tippett and Division 1 Board member Stan White were among the speakers. Finlayson participated in the July quarterly meeting of DOT Board members and staff to update Highway 17 projects. Board members Stan White, Marvin Blount III, Cam McRae, Louis Sewell and Lanny Wilson attended. Finlayson met on separate occasions with DOT project engineers Olivia Farr, Mark Pierce and Wade Kirby to receive detailed updates on the Hampstead Bypass project, the Jones County projects and the Drummer-Kellum Road improvements in Onslow County respectively. Finlayson met with Division 3 Board Member Louis Sewell at his Jacksonville office to conduct an interview with Sewell for an upcoming newsletter profile. Progress: Finlayson met with DOT engineers David Clodgo in Raleigh and Maria Rogerson in Chocowinity to discuss in detail progress on two phases of the Washington Bypass project. He met briefly with Robert Vause, a Division 3 Staff Engineer at the Jacksonville Chamber of Commerce Transportation Forum and again at the Onslow County Board of Commissioners Meeting. He met with Acting Division 1 Chief Engineer Jerry Jennings at the Martin County Board of Commissioners. Finlayson spoke briefly with Division 3 Board member Lanny Wilson at the 21St Century Transportation Committee meeting in Raleigh. Finlayson had a substantive discussion in Washington, DC on federal transportation policy with Susan Howard, North Carolina's Congressional liaison for transportation. ~ Continue to nurture relationships with North Carolina's Congressional delegation and key staff and grow in knowledge of federal highway funding and administration. o Who: Marc Finlayson o When: Throughout 2007-08. Progress: To follow up his visit to Washington, DC in September, Finlayson has been in touch with Susan Howard, DOT liaison to Congress, about the two appropriations in the transportation budget specific to Highway 17. As of Thanksgiving, $250,000 for Craven County and $375,000 for Beaufort County had been agreed upon in the conference report. The report had passed the House of Representatives and was pending in the Senate. Progress: The Association received~nal confirmation that the two federal appropriations specific to Highway 17 had officially been adopted in the 2008 budget conference report and ratified by the President. In~nal tally, highway 17 received X245,000 for Craven County and $367,500 for Beaufort County -less than we had hoped but still welcomed. Progress: The Association has inquired of DOT Congressional lobbyist Susan Howard if there are any appropriations requests being made on behalf of Highway 17. The Association has offered to advocate for any such requests and we are awaiting confirmation. Board of Commissioners Meeting 10/20/2008 22-1-4 Progress: The Association learned that NC DOT requested Senator Elizabeth Dole to submit an appropriations bill for Highway 17 project U-4007 in Onslow County. The amount of the request is $2 million. Finlayson shared that information with the Highway 17 Association Board, as well as Onslow State Senator Harry Brown and Mike Alford, Chairman of the Military Growth Task Force, as the appropriation would positively impact the region's infrastructure in anticipation of the influx of new Marines and their families to the Jacksonville area. Finlayson negotiated with Patrick Pearce and Amy Auth in Senator Dole's office to publicize the announcement in the Association's newsletter. Progress: The Association received notification that the Dole appropriation for Onslow County had passed the Senate Appropriations Committee and would be considered by the full Senate. Progress: Finlayson spent three days in Washington, DC calling on the Highway 17 Congressional delegation and key staff. He met personally with Senator Elizabeth Dole and Congressman Walter Jones and spoke briefly with Senator Richard Burr. He briefed staff for Senators Dole and Burr and Congressmen Jones, Butterfield and McIntyre on the activities and progress of the Highway 17 Association and on our concerns about the reauthorization of the federal transportation Act. In particular Finlayson thanked Senator Dole for her $1 million appropriation request for Onslow County and urged our House delegation to include it in the final 2009 budget. ~ Continue to nurture relationships with the Highway 17 corridor's state legislative delegation, and grow in knowledge of state highway funding and administration. o Who: Marc Finlayson o When: Throughout 2007-08. Progress: Finlayson has monitored the first three meetings of the 21St Century Transportation Study Commission, the blue-ribbon panel appointed by the Governor and legislative leaders to address the transportation funding shortfall and the processes by which roads and other transportation needs are met. Four of the 24 members of the Commission either live in the Highway 17 corridor or represent counties within the corridor. Finlayson has also monitored the regularly scheduled Transportation Oversight Committee and has met privately in Tarboro with Sen. Clark Jenkins who chairs the Senate Transportation Appropriations and Transportation Policy committees. Finlayson and Rep. Carolyn Justice both addressed the Pender County Board of Commissioners on November 19 regarding the progress of the Hampstead Bypass project. Progress: Finlayson monitored the 21St Century Transportation Commission meeting in Charlotte in January, and two of its standing subcommittee meetings in both Charlotte and Raleigh. Finlayson, on behalf of the Association and at the request of Commission member Lanny Wilson, has been invited to address the 21St Century Commission when it meets in Wilmington in February. Finlayson worked closely with Rep. William Wainwright as Wainwright prepared his keynote remarks to the Highway 17 Association annual meeting. State Senators Jean Preston and Harry Brown Board of Commissioners Meeting 10/20/2008 22-1-5 attended the annual meeting, as did State Representatives Alice Underhill and Pat McElraft. Progress: Finlayson spoke to several members of the General Assembly at the February meeting of the 21st Century Transportation Commission in Wilmington, including Reps. Becky Carney (D-Mecklenburg), Lorene Coates (D-Rowan), Phil Frye (R-Mitchell) and Bill McGee (R-Forsyth) and Sen. Clark Jenkins (D-Edgecombe). He spoke briefly with Sen. John Kerr (D-Wayne) at an NC Go! breakfast briefing in Greenville. Progress: In addition to sharing the Dole appropriations request with Sen. Harry Brown, Finlayson also consulted with Rep. William Wainwright on some transportation related data in preparation for a media request of Rep. Wainwright. Finlayson monitored two meetings of the 21st Century Transportation Commission and several of its subcommittee meetings, particularly those concerned with long term financing of transportation needs in North Carolina and the relative responsibilities for transportation among federal, state and local governments. Finlayson attended a reception to welcome newly appointed Sen. Don Vaughn (D-Guilford) to the Assembly. Vaughn will fill the unexpired term of Kay Hagan, who resigned from the State Senate to run for US Senate against Elizabeth Dole. Vaughn and Finlayson once worked together in the leadership of the NC Textile Manufacturers Association. Sen. Tony Rand ~D-Cumberland) was the host of the Vaughn event. Progress: The Association held a highly successful breakfast for our legislative delegation at the General Assembly on July 9. It was attended by 16 of the 23 legislators who represent the corridor's 13 counties. Over a dozen board members represented the Highway 17 Association, and other fi°iends and colleagues attended to show their support for our activities. Thanks to those who participated. Finlayson spent considerable time in Raleigh monitoring the activities of the General Assembly during the even- year budget session, including attending meetings of the House and Senate Appropriations, Finance and Transportation Committees. During the session he met at least once with members of the Highway 17 delegations including: Sen. Clark Jenkins, Sen. Jean Preston, Sen. Harry Brown, Sen. Ed Jones, Sen. Julia Boseman, Sen. R.C. Soles, Rep. Arthur Williams, Rep. Alice Underhill, Rep. William Wainwright, Rep. Robert Grady, Rep. Carolyn Justice, Rep. Pat McElraft, Rep. Bonner Stiller, Rep. Russell Tucker, Rep. Tim Spear and Rep. Danny McComas. Additionally, Finlayson also met with other legislators who are in positions of transportation leadership in their chambers, including Sen. Bill Purcell (D-Scotland), Rep. Becky Carney (D-Mecklenburg), Rep. Harold Brubaker (R-Randolph), Rep. Mitch Gillespie (R-McDowell), Rep. Jim Crawford (D-Granville), Rep. Bill Daughtridge (R-Nash) and Rep. Lorene Coates (D-Rowan). Progress: Finlayson spoke to Sen. Harry Brown (R-Onslow) and Rep. George Cleveland (R-Onslow) at the Jacksonville Chamber of Commerce Transportation Forum. He spoke with Sen. Jean Preston (R-Carteret) and Rep. Pat McElraft (R- Carteret) at the Carteret County Chamber legislative luncheon. Finlayson attended the special session of the NC General Assembly on August 27 where he spoke Board of Commissioners Meeting 10/20/2008 22-1-6 briefly with many legislators from the corridor. Finlayson had a substantive discussion with Rep. Nelson Cole (D-Rockingham), Chairman of the House Transportation Appropriations Committee about state-federal transportation issues prior to Finlayson's trip to Washington, DC. ~ Continue to nurture relationships with other stakeholders and organizations concerned with transportation issues in North Carolina, to develop a productive network of allies on issues of interest or concern to the Highway 17 Association. o Who: Marc Finlayson o When: Throughout 2007-08. Progress: Finlayson continues to serve on the Board of Directors of NC Go! the statewide transportation coalition. He attended an informative briefing in Raleigh at which the NC Ports Authority and the NC Railroad made presentations. He subsequently followed up with Stephanie Ayers, Manager of Planning and Development for the Ports about the need for an improved Highway 17 to support the facilities at Wilmington, Morehead City and the proposed International Port at Southport. Finlayson participated in the annual meeting of the NC Professional Lobbyists Association. Finlayson attended the forum in Raleigh sponsored by the NC Association of County Commissioners to discuss the implications of SB 1513 that allows counties to participate financially in the construction and maintenance of state highways within their jurisdictions. Finlayson continues to correspond with RPO's and MPO's that serve the Highway 17 corridor, and briefed the Downeast RPO meeting in November about Highway 17 projects. Finlayson attended the announcement in Jacksonville of the build-up of Marines and their families at Camp Lejeune, MCAS New River and MCAS Cherry Point. Infrastructure, including roads, will be strained by the influx of some 60,000 new residents over the next several years. Subsequently, Finlayson followed up with Will Austin, Executive Director of the NC Military Foundation, whose organization is beginning to study the impact on Transportation of the growth of military in eastern NC. Progress: Finlayson attended the~rst of eight regional briefings to Chambers of Commerce sponsored by NC Go! This event, in Winston- Salem, featured 21St Century Transportation Commission Chairman Brad Wilson and Commission member Allen Joines, Mayor of Winston-Salem. Finlayson, on behalf of the Association, will address the Chamber briefing in Greenville in March. The Association continues to correspond with RPOs and MPOs that serve the Highway 17 corridor and Finlayson briefed the Downeast RPO in January on Association activities. Finlayson participated in a workshop to discuss infrastructure planning in anticipation of the Marine Corps growth expected in the central coast region beginning in late 2008. Progress: Finlayson attended the NC Go! regional transportation briefing to the Wilmington Chamber of Commerce. It featured remarks by 21St Century Transportation Commission Chairman Brad Wilson. Finlayson, on behalf of the Association and NC Go!, addressed the regional breakfast briefing in Greenville where he shared the program with 21St Century Transportation Commission member Jordan Whichard, publisher of The Daily Reflector newspaper of Greenville, and Daniel Van Liere and Alex Rickard of the Downeast RPO. Finlayson attended the Board of Commissioners Meeting 10/20/2008 22-1-7 late February meeting of the Military Growth Task Force at Cherry Point. The task force has placed as one of its top priorities the need to improve transportation infrastructure to help accommodate the expected growth to the area of Marines, their families and other associated people and commercial interests. Progress: Finlayson attended the NC Go! regional transportation briefing to the Greensboro Area Chamber of Commerce. He also represented the Association at the NC Go! Transportation Forum in Cary, at which five of the six major candidates for Governor spoke about their policy positions on the future of transportation in North Carolina. Finlayson met with NC Go! Vice- chairman Berry Jenkins (of the NC Association of General Contractors) about Finlayson taking on a larger statewide, leadership role in NC Go! on behalf of the Highway 17Association. No commitment has been made as to that request. Finlayson attended the April meeting of the Military Growth Task Force and met in Kinston with NC Eastern Region staff to outline the Highway 17Association priorities as part of an overall legislative request for funding on behalf of the Task Force. Finlayson briefed the Downeast RPO on the Association's activities and spoke with both Eddy Davis of the Mideast RPO and Mike Kozlosky of the Wilmington MPO about appearing at an upcoming meeting. Finlayson met in Pender County with AI Freimark, chair of the Hampstead Homeowners Association, about their advocacy on behalf of the Hampstead Bypass project. Progress: After receiving the endorsement of the Highway 17Association board, Finlayson accepted the position of Co-Chairman of NC Go!, the statewide transportation advocacy organization. This position will give the highway 17 Association a broader audience with transportation policy makers and the media by virtue of Finlayson becoming a leading voice for transportation across the state. Finlayson met on several occasions with DOT lobbyist Johanna Reese and representatives of the NC Turnpike Authority to understand their positions with regard to transportation policy and budgets. Finlayson updated the Downeast RPO and Highway 17 progress, and met with Mike Kozlosky of the Wilmington MPO about the Hampstead Bypass project. Lionell Midgett and Finlayson met with a group of tourism leaders fi°om ten of the 13 corridor counties to discuss potential ways the Highway 17 Association could partner with them to promote tourism along Highway 17. At the invitation of Washington Mayor Judy Jeanette, Finlayson spoke to the Washington Evening Rotary Club Progress: At the invitations of the Jacksonville Chamber of Commerce and Carteret County Chamber respectively, Finlayson attended a transportation Forum in Jacksonville featuring then DOT Board member Louis Sewell, and a legislative luncheon in Morehead City that included remarks on transportation policy by Sen. Jean Preston and Rep. Pat McElraft. Finlayson has provided information about Highway 17 and the Association's goals and priorities to the consultant who is facilitating the Transportation Committee of the Military Growth Task Force. In addition, Finlayson discussed the relationship between the Task Force and the 17 Association with Task Force Director Tom Gaskill and Transportation Committee members AI Freimark, Danny Walsh and Jerry Jackson. Finlayson addressed the Downeast Seniors civic organization in Beaufort County. Board of Commissioners Meeting 10/20/2008 22-1-8 Goals, Strategies and Tactics Public /Media Outreach and Marketing 2007 - 08 Continue to expand and improve the Highway 17 Association web site. Add features that will make the site more informative, interactive and interesting to prospective viewers. o Who: Marc Finlayson and Mickie Wilson. o When: Throughout 2007-08. Progress: Along with Lionell Midgett, Finlayson met with the Downeast RPO staff to determine how that organization might be able to help the Highway 17 Association with statistical information and to create corridor mapping that might be used on the Association's web site. The Association hired a photographer to take images of the corridor for use on our website, in the East Carolina University Impact Study and in publications and other printed materials produced by the Association. Progress: The photography project was completed and the Association now has excellent images to use on its web site. We expected to design the new site by the end of the~rst calendar quarter of 2008. Finlayson has had follow up conversations with the Downeast RPO about the corridor mapping project. Progress: Finlayson had afollow-up meeting with the Downeast RPO to monitor progress on the web site mapping project. The concept is excellent and the implementation is proceeding nicely. Progress: Work continues at the Downeast RPO on the Highway 17 mapping web site project. By the third calendar quarterthe Association will publish the East Carolina University Impact Study to the web site for public availability. Progress: The ECU Impact Study has been completed and published and should be on-line soon. The Association published a pictorial of the Windsor Bypass opening. Work continues at the Downeast RPO on the interactive mapping project for the corridor. Progress: Finlayson met with Daniel Van Liere of the Downeast RPO to update progress on the web site. Some of the technical problems have been addressed and the site is back on track to be activated and made available within a few months. Continue to nurture relationships with editors and reporters covering transportation for the newspapers and television stations within the Highway 17 corridor, and respond to inquiries by the news media. o Who: Marc Finlayson with appropriate local directors. o When: Throughout 2007-08. Board of Commissioners Meeting 10/20/2008 22-1-9 Progress: Finlayson and Troy Smith both contributed to an update on Highway 17 progress published in December by The Sun Journal of New Bern. Finlayson also contributed to a story about innovate transportation funding solutions published in December by The Sfar-News of Wilmington. Finlayson has provided background information to The Williamsfon Enterprise prompted by his appearance before the Martin County Board of Commissioners. Progress: The Association received very favorable coverage of its annual meeting in The Sun Journal of New Bern. Finlayson also spoke on separate occasions with reporters or editors from The Washington Daily News; The Jacksonville Daily News; The Williamston Enterprise; and The Star -News of Wilmington. Progress: The Association received very favorable coverage of Finlayson's remarks to the 21St Century Transportation Commission in Wilmington. Barry Smith, capital correspondent for the freedom ENC chain of papers wrote a lengthy piece that appeared in The Sun Journal of New Bern and The Jacksonville Daily News, among other papers. The Daily Reflector of Greenville and WNCT-TV, the CBS affiliate for eastern NC both reported on Finlayson's remarks to the NC Go! briefing in Greenville in early March. Progress: Finlayson spoke with both The Sun Journal of New Bern and WCTI- TVabout the Association's request on behalf of Jones County to restore TIP money to project R-2514. Finlayson spoke with The Sun Journal and The Jacksonville Daily News about the appropriations request by Sen. Dole for Highway 17 in Onslow County. Progress: Finlayson conducted interviews on transportation policy with the following media outlets: State Government Radio; UNC-TV Legislative Week in Review; Viewpoints with Lockwood Phillips on WTKF TalkRadio, Morehead City; WAA V Talk Radio, Wilmington; WPTF Talk Radio, Raleigh; and The Washington Daily News. Progress: Finlayson provided interviews on Highway 17 and transportation policy to The Sun Journal; The North Carolina News Network and Viewpoints on WTKF Talk Radio. Finlayson is collaborating with East Carolina University to promote the publication of the Economic Impact Study with regional news media. ~ Continue to distribute news releases or other appropriate information to the media at least quarterly and follow up to ensure coverage. o Who: Marc Finlayson and Mickie Wilson. o When: Throughout 2007-08. Progress: The Association produced and disseminated newsletters to our stakeholders, including the news media, in both October and December. In addition, the Association sent a news release to the media prior to Thanksgiving announcing the opening of six miles of Highway 17 in Onslow County in time for holiday travel. Progress: The Association distributed a news release to the general media distribution touting the federal appropriations. We also sent a release Board of Commissioners Meeting 10/20/2008 22-1-10 announcing the election of Onslow Commission Chairman Lionell Midgett as 2008 President of the Highway 17Association to The Jacksonville Daily News, The Tideland News, The Richlands News and The Beaulahville Advertiser. Progress: Another newsletter is planned for distribution to the media and our mailing list by the end of March 2008. Progress: After negotiations with the staff of Senator Elizabeth Dole as to the appropriate amount to detail to be shared, the Association disseminated its latest newsletter on the federal budget request to its stakeholders at the beginning of May. Finlayson spoke with DOT Division 3 Board Member Louis Sewell about scheduling a time for an interview in anticipation of a newsletter profile on Sewell. Progress: The Association distributed a news release to our media list announcing that the Sen. Dole appropriations request had passed committee and would be considered by the full Senate. The Association also included the media in its newsletter distribution promoting the opening of the Windsor Bypass. Finlayson conducted the profile interview with Louis Sewell. Progress: The Newsletter for September was to have featured a profile of Division 3 Board member Louis Sewell but the decision was made to postpone publication due to Mr. Sewell's impending resignation from the DOT Board. If research studies have been conducted, publish the information in appropriate journals, magazines, newspapers, etc. and determine other ways to use the information to advance the cause of highway 17. o Who: Marc Finlayson. o When: Throughout 2007-08 as appropriate. Progress: Finlayson has met regularly with Dr. Mulatu Wubneh, of the East Carolina University Regional Development Office, to finish the Highway ~7 Impact Study. The Highway 17 Board has reviewed the draft document and recommended ways to use the information with the public and other stakeholders. The Association is in the process of getting publication cost quotes. Progress: The Association has received quotes for printing the ECU research study and will make a decision as to quantity and timing by the end of February 2008. Progress: The Association has discussed publishing options with East Carolina University and is exploring possible ways of raising grant money to pay for the printing costs. Progress: Finlayson has met several times with East Carolina University Press and has been reviewing a printer's proof in anticipation of publication of the study by June. In addition to the hard copies, the impact study will also be published to the Association's web site for wider public availability. Finlayson Board of Commissioners Meeting 10/20/2008 22-1-ll has written letters of thanks to Chancellor Steve Ballard and other East Carolina University leaders thanking them for their participation and support. Progress: The ECUlmpact Study has been completed and published. The Association has begun distributing copies to our stakeholders, including to our legislative delegation at the breakfast at the general Assembly on July 9. Finlayson has begun discussions with Dr. Jim Kleckley at ECU about conducting a second, more detailed study predicting the economic impact of a fully improved Highway 17 on eastern North Carolina. Finlayson has met several times with the Association's g~^ant writing consultant about seeking grants to pay for such a study. Progress: The Association is collaborating with East Carolina University on a news release to promote the publication of the Economic Impact Study. At the direction of the Highway 17 Association Board, Finlayson will explore opportunities to partner with UNC-Wilmington on a more detailed and substantive follow-up study, as well as pursue the relationship with ECU. ~ Research alternative ways to tell the Highway 17 story, including cable access television, documentary film, periodical publication, etc. Understand cost, reach and value. Continue to update and publish appropriate collateral materials about Highway 17 to support the outreach effort. o Who: Marc Finlayson. o When: Recommendation to the board by end of 2008. Progress: Beginning to scope the project. Progress: The Association has completed work on two PowerPoint presentations designed to better explain the organization's goals and progress during public speaking opportunities. The~rst presentation was made at the 2008 annual meeting and the second will be made at the 21St Century Transportation Commission meeting in Wilmington. Progress: Finlayson has used the PowerPoint presentation at both the 21St Century Transportation Commission meeting in Wilmington as well as the Albemarle Economic Development Commission meeting in Elizabeth City. It has proven to be a good tool that we can adapt and build on. Progress: Finlayson used the PowerPoint presentation with the Board of Directors of the NC Eastern Region partnership. Progress: Finlayson has had preliminary discussion with documentary filmmaker Clay Johnson who is associated with UNC-TV. Johnson may be interested in producing a feature on highway 17. Lionell Midgett and Finlayson met with tourism representatives from within the corridor. One of the projects they have expressed interest in our partnership is a map of tourist attractions in the 13 Highway 17 counties. Board of Commissioners Meeting 10/20/2008 22-1-12 Progress: Mickie Wilson is following up with the Highway 17 Tourism group. Finlayson is distributing copies of the ECU Economic Impact Study to all stakeholder groups to which he speaks. Board of Commissioners Meeting 10/20/2008 22-1-13 Goals, Strategies and Tactics Administrative /Financial 2007 - 08 Refine the monthly bookkeeping for the Association and determine the best method by which to disseminate it to the board. o Who: Marc Finlayson and Mickie Wilson. o When: By end of last calendar quarter 2007. Progress: Mickie Wilson has developed a reliable and accurate system for reporting the Association's monthly financial data. Ms. Wilson and Marc Finlayson continue to enjoy a good working relationship with financial staff at NC Northeast partnership. At its December meeting the Highway 17 Board named a Finance Committee to receive and review the monthly financial statements. Progress: We now have a reliable process in place by which the Finance Committee reviews the monthly budget report and expense reimbursement statement. The treasurer, former Jones County Manager Larry Meadows, will personally audit expense statements and receipts once per quarter and report to the Board. Progress: Our Finance Committee has now reviewed and approved expense statements for the first fiscal quarter of 2007-08 and has endorsed the process. In early March Association Treasurer Larry Meadows conducted his quarterly audit of expenses in orderto make his report to the Board on March 11. Progress: Association treasurer Larry Meadows has conducted his quarterly audit of expenses in orderto make his report to the Board in May. The monthly expense reimbursement process continues to work effectively. Mickie Wilson has been working with Sarah Jackson at North Carolina's Northeast partnership to begin the process of transferring the Highway 17 assets from NC Northeast to the Association's own account. This element of financial control was strongly recommended in the recently completed audit and was approved by the Board at its March meeting. NC Northeast is supportive of the change and the Association greatly appreciates theirservice to our organization. The transfer should take place on June 30 at the end of the state's (and the NC Northeast) fiscal year. Progress: Mickie Wilson and Finlayson net with Sarah Jackson at NC Northeast partnership in Edenton to thank her personally for her accounting and bookkeeping work on our behalf. We received the Highway 17 account balance from Sarah and deposited it into an interest bearing account in the Association's name. Highway 17 Association funds being held in Jones County will mature in September and be transferred to the master account at that time. Progress: The Association received the money from Jones County and invested it in a certificate of deposit. It will be accounted for each month along with our operating account and our interest-bearing holding account. We expect to supplement our Board of Commissioners Meeting 10/20/2008 22-1-14 budget with the interest earned on the CD. Our Finance Committee process continues to work well. Treasurer Larry Meadows conducted his quarterly expense audit for the third fiscal quarter in preparation fro the August 26 Board meeting. Secure the proper tax exempt status for the Association with the Internal Revenue Service and the NC Department of Revenue. As part of the application process, draft bylaws for the Association that will provide the framework for the organization going forward. o Who: Marc Finlayson and Mickie Wilson. o When: By end of first calendar quarter 2008. Progress: The Association has engaged the services of an accounting firm to draft bylaws and file the appropriate paperwork with the IRS seeking 501(c)(6) status. The Highway 17 Board has reviewed the draft bylaws and recommended changes to accurately reflect the mission and structure of the organization. Progress: At its annual meeting, the Association adopted the bylaws and elected its board and officers for 2008. Subsequently the paperwork was filed with the IRS formally requesting the 501 (c) (6) tax reporting status. Progress: The paperwork has been received and acknowledged by the IRS and we are awaiting the letter. Progress: The Association has received its letter from the IRS certifying that it is a 501(c)(6) not-for-profit organization. Progress: Completed. Along with securing the appropriate tax exempt status for the Association, see that tax returns are properly filed with the IRS and the NC Department of Revenue. o Who: Marc Finlayson and Mickie Wilson. o When: By end of first calendar quarter 2008. Progress: The Association has engaged the services of an accounting firm to file tax returns for the Association's first full year of operation, beginning October 1, 2006 and concluding September 30, 2007. An extension has been filed with the IRS and NC Department of Revenue pending the approval of our application for tax exempt status. Progress: When we receive the formal paperwork from the IRS" regarding the Association's tax reporting status, we will submit our 2006-07 fiscal year tax report. Progress: Status is the same as above. Board of Commissioners Meeting 10/20/2008 22-1-15 Progress: Now that the Association has received its not-for-profit certification from the IRS, our tax accountant is finishing the tax returns. We should be prepared to sign and submit them shortly. Progress: The tax returns were reviewed, approved, signed and submitted. Progress: Completed. Secure an independent audit of the first year financial information of the Association. o Who: Marc Finlayson and Mickie Wilson. o When: By end of first calendar quarter 2008. Progress: The Association has begun the process of identifying an independent auditor who can review the organization's financial records for ourfirst year of operation and certify that it is in order. Several funding jurisdictions have requested such an audit to ensure the highest level of financial accountability when using public money. Progress: The Association has engaged the services of a Certified Public Accountant to audit our~nancial records for our initial~scal year, October 1, 2006 to September 30, 2007. The audit draft has been completed and is being reviewed. Progress: The Association has received the final audit report, which finds that we are in compliance and managing ourfinances in a way typical of snot-for-profit organization of our size. Full copies are available for the Board, our funding partners and the public upon request. Progress: Completed. Progress: Mickie Wilson has contracted with our CPA to conduct our second annual financial audit during our first fiscal quarter of 2009, which is the last calendar quarter of 2008. Explore innovative ways to generate more income for the Association and its mission, including soliciting private donations for special events and seeking grant money for special projects. o Who: Marc Finlayson and Mickie Wilson. o When: Throughout 2007-08. Progress: The Association has begun soliciting donations from private companies to host the January 29, 2008 annual meeting. In 2007, six companies underwrote the cost of the annual meeting meal. The Association hopes to secure eight to ten donations this coming year. Finlayson has begun preliminary discussions with a professional grantwriterto research prospective grants that might benefit the Highway 17 Association or Highway 17 projects or communities directly. Board of Commissioners Meeting 10/20/2008 22-1-16 Progress: The Association received commitments from nine private companies to underwrite the cost of the 2008 annual meeting. The $4,500 raised enabled the Association to feed state and local elected officials without using public money, and allows us to use our special event's budget line item for other activities throughout the year. Finlayson has received a proposal for grant writing and research which is now under review. Progress: The Association has reached agreement on a contract with a grant writing professional. We expect to sign the papers and get started during the second week in March 2008. We will research and pursue appropriate grants in both the public sector and from private foundations. Progress: Finlayson has met on several occasions with our grant writing professional to discuss options, including several federal government grants as well as North Carolina's Golden Leaf Foundation. Finlayson met with Golden Leaf board member Kel Landis to discuss options for Highway 17 Association either making request directly or through a 501~c)(3) partner, and to solicit Landis' support for our prospective request. Progress: The Association will pursue a Golden Leaf Foundation grant in partnership with ECU when details and responsibilities can be worked out with Dr. Jim Kleckley at the University. Progress: The Association continues to explore grants that might help us finance some of our outreach activities. Our grant writer is also exploring ways to seek grants on behalf of our member governments as a value-added service. Board of Commissioners Meeting 10/20/2008 22-1-17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 20, 2008 REGULAR ITEM: 23 DEPARTMENT: Finance PRESENTER(S): Avril M. Pinder, Finance Director CONTACT(S): Avril M. Pinder, Finance Director SUBJECT: Consideration of New Hanover County Identity Theft Prevention Program BRIEF SUMMARY: To be in compliance with the Red Flags Rule Section 114 of the Fair and Accurate Credit Transactions Act of 2003, the Identity Protection Act of 2005, North Carolina General Statutes (N.C.G.S.) 75-60 Identity Theft Protection Act, N.C.G.S. 14-113.20 Identity Theft, N.C.G.S. 132-1.10 of the Public Records Act (together, the Act), the County is required to implement an Identity Theft Prevention Program by November 1, 2008. The program provides for the safeguarding of certain information of customers, vendors, employees, and other individuals who provide information to the County that is covered by the Act. The purpose of this policy is to communicate to employees and third parties their responsibility for protecting sensitive and confidential information pursuant to the Act and a response plan in the event that there is a breach of information subject to the Act. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the attached New Hanover County Identity Theft Prevention Program and Resolution. ATTACHMENTS: New Hanover County Identity Theft Prevention Program Resolution NHC Identy Theft Prevention Program COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 10/20/2008 23-0 Board of Commissioners Meeting 10/20/2008 23-1-1 ~~t~TY.~ ~ ~ ~ ~~~ ~ ~~ o ~ ~ 0 ~~ ~~ ~~ ~~s~~BLISH~~ 1~2 NEW HANOVER COUNTY IDENTITY THEFT PREVENTION PROGRAM TABLE OF CONTENTS SECTION PAGE 1. Purpose . 3 2. Definitions 3 3. Detecting Red Flags 4 4. Duties of Users of Consumer Reports Regarding Address Discrepancies 5 5. Service Provider Arrangements 6 6. Responsibilities of Departments 6 1. Managing, Maintaining and Storing Sensitive and Confidential Information 7 8. Sensitive and Confidential Information Breach Response Plan 8 9. Program Updates 10 10. Program Administration 10 11. Program Adoption 10 ATTACHMENTS 1. Sensitive Information User Agreement 11 2. Sensitive Information Service Agreement 12 2 Board of Commissioners Meeting 10/20/2008 23-1-2 SECTION 1. Purpose In accordance with the Federal Trade Commission's Red Flags Rule which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003, the Identity Protection Act of 2005, North Carolina General Statutes (N. C. G. S) 75-60 Identity Theft Protection Act, N. C. G. S 14-113.20 Identity Theft, and N. C. G. S 132-1.10 of the Public Records Act (together, the Act), the County is required to safeguard certain information of customers, vendors, employees, and other individuals who provide information to the County that is covered by the Act. The purpose of this policy is to communicate to employees and third parties their responsibility for protecting sensitive and confidential information pursuant to the Act and a response plan in the event that there is a breach of information subject to the Act. SECTION 2. Definitions 1. Account means a continuing relationship established by a person with a creditor to obtain a product or service for personal, family, household or business purposes, including an extension of credit (such as the purchase of property or services) involving a deferred payment. 2. Confidential information -Under N.C.G.S 132-1, the County also has an obligation to secure and limit access to other information involving customers and employees. The following are identified as confidential information, although this is not a complete listing: a. Communication with legal counsel b. State and local tax information that contain information about a taxpayer's income or receipts except as provided in N.C.G.S. 153A-148.1 and N.C.G.S. 160A-208.1 c. Public enterprise billing information (customer data} d. Records of criminal investigations conducted by public law enforcement agencies e. Names, addresses, telephone numbers, or email addresses that are contained in the 911 database, emergency notification system or reverse 911 system. 3. Covered Account means (a) an account that a creditor offers or maintains, primarily for personal, business, family or household purposes that involves or is designed to permit multiple payments or transactions, and (b) any other account that the creditor offers or maintains for which there is a reasonable foreseeable risk to customers or to the safety and soundness of the creditor from identity theft, including financial, operational, compliance, reputation or litigation risks. 4. Identifying Sensitive Information includes the following: a. Social security and employer taxpayer identification numbers b. National and international identification c. Drivers license, State identification card or passport numbers d. Credit card and debit card numbers e. Savings and checking account numbers f. Personal Identification (PIN) Code g. Passwords 3 Board of Commissioners Meeting 10/20/2008 23-1-3 h. Electronic identification numbers, electronic mail names or addresses, internet account numbers or internet identification names i. Customer credit information (credit history, pay arrangements and financial transactions) j. Parent's legal surname prior to marriage k. Any other numbers or information that can be used to access a person's financial resources I. Digital signatures m. Biometric data n. Fingerprints 5. Identity Theft The Federal Trade Commission's Red Flags Rule defines identity theft as fraud committed using the identifying information of another person. 6. Notice of Address Discrepancy means a notice sent to a user by a consumer reporting agency that informs the user of a substantial difference between the address for the consumer that the user provided to request the consumer report and the address in the agency's file forthe consumer. 7. Personal Information includes a person's first name or first initial and last name in combination with identifying information as defined in N.C.G.S. 14-113.20(b). 8. Red Flag means a pattern, practice or specific activity that indicates the possible existence of identity theft. 9. Security Breach is an incident of unauthorized access to and acquisition of unencrypted and unredacted records or data containing personal information where illegal use of the personal information has occurred or is reasonably likely to occur or that creates a material risk of harm to a consumer. A breach of information can occur physically or virtually via technology. Access and use of sensitive or confidential information by an employee or agent of the County for a legitimate purpose is not a security breach, provided that the sensitive or confidential information is not used for a purpose other than a lawful purpose and is not subject to further unauthorized disclosure. 10. Service Providermeans a person that provides a service directly to the creditor. SECTION 3. Detecting Red Flags 3.1 The County has a responsibility to define high risk areas for identity theft and identify potential threats for identity theft known under the Act as Red Flags. The Red Flags are indicators that sensitive information is being used fraudulently. This policy in combination with department specific guidelines should help to detect a potential for identify theft and unauthorized use of information. 3.2 The following are Red Flags that have been identified as indicators that sensitive information is being used fraudulently. Red Flags are most commonly associated with 4 Board of Commissioners Meeting 10/20/2008 23-1-4 activity on customer accounts. Other Red Flags may exist that are unique to a department and should be included in departmental guidelines. a. The customer or individual provides notice that they are a victim of identify theft b. A consumer reporting agency or service provider has provided an alert, notification or other warning c. Unusual number of recent and significant inquiries d. Unusual or significant change in recently established credit or financial relationships e. Conflicting names on identification and other documentation f. Documents provided appear to have been altered or forged g. Picture identification is not consistent with the appearance of the individual presenting the identification or the physical description on the identification does not match h. Shortly after establishing an account, there is a request to change a mailing address or to add authorized users to the account i. Personal identifying information provided is not consistent with other external information sources i. Social security number does not match, is listed on the Social Security Administration's death master file or is the same as that submitted by other persons opening an account ii. Address does not match or is fictitious, a mail drop or prison iii. The phone number is invalid or associated with a pager or answering service iv. Authenticating information (i.e. PIN, password) provided is incorrect v. Name on credit card or check does not match name on account or names associated with the account. j. Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer's account. k. The creditor is notified that the customer is not receiving paper account statements. 3.3 Upon identification of a Red Flag indicating a potential risk of identify theft, an employee should immediately notify their supervisor in person or by telephone to determine the validity of the Red Flag. Once an identity theft risk is confirmed by the supervisor and Department Head, staff should respond in accordance with the Sensitive and Confidential Information Breach Response Plan as outlined in Section 8. SECTION 4. Duties of Users of Consumer Reports Regarding Address Discrepancies Access to consumer reports should be limited only to authorized employees in order to perform essential tasks for County business. The following procedures should be followed when any user of a consumer report receives a notice of address discrepancy from a credit reporting agency in order to confirm the accuracy of an address: 5 Board of Commissioners Meeting 10/20/2008 23-1-5 1. Compare the information in the consumer reportwith the information the user obtained to verify the consumer's identity 2. Verify the information in the consumer reportwith the consumer 3. Verify the address through third-party sources 4. Use any other reasonable means of verification. SECTION 5. Service Provider Arrangements In the event the County engages a service provider to perform an activity in connection with one or more accounts, the County will take the following steps to ensure the service provider performs its activities in accordance with reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft: 1. Require, by contract, that service providers have such policies and procedures in place 2. Require, by contract, that service providers review the County's program and report any Red Flags to the Program Administrator. SECTION 6. Responsibilities of Departments 6.1 Department heads are responsible for determining which employees are authorized to access and handle sensitive and confidential information and the department head must ensure that the authorized employees are trained to handle such information in accordance with this policy. 6.2 Each department will develop and maintain a standard procedure to provide staff with specific guidance on the protection of sensitive and confidential information applicable to the department. Departmental procedures will supplement but not supersede this policy or applicable laws. 6.3 Department Heads are responsible for notifying the Program Administrator of any report of a suspected or actual security breach. 6.4 All employees who manage and work with sensitive and confidential information are required to read and sign the Sensitive Information User Agreement which will be maintained in the employee's personnel file. 6.5 Each department will ensure that service providers who are in contact with sensitive or confidential information are aware of security requirements, as well as the need for confidentiality, through proper contractual agreements and arrangements. 6.6 All third party contractors who may have access to sensitive and confidential information are required to read and sign the Sensitive Information Service Agreement which will be maintained with the contract. 6 Board of Commissioners Meeting 10/20/2008 23-1-6 SECTION 7. Managing, Maintaining and Storing Sensitive and Confidential Information 7.1 Employees who have access to sensitive and confidential information are required to create, handle, maintain and dispose of such information with prudent care in order to ensure proper security. Access to sensitive and confidential information will be limited and only provided in order for authorized employees and contractual third parties to perform essential tasks for County business. 7.2 The following procedures should be followed while creating, handling, maintaining, storing and disposing of sensitive information. 1. Enter information directly to a final destination (i.e. computer system) and refrain from documenting the information in other areas. 2. If sensitive information is written on paper for reference, shred paper immediately upon recording the information in the final destination. 3. Electronic payment data should be handled by authorized personnel and only the last 4 digits of the customer's credit or debit account number should be visible on reports. 4. Sensitive information should not be included on e-mails. 5. Sensitive information should not be included on printed reports except as needed for the performance of essential tasks. 6. Maintain documents that contain sensitive information in a secured room and limit access to the area. 7. If possible, utilize encryption to secure information in the database or storage system. 8. Do not leave a computer unattended if sensitive information could be accessed by unauthorized individuals. While away from the computer, log off or lock the workstation. 9. Do not store files with sensitive information on laptops or on flash drives unless the information and the device can be secured and not accessible to unauthorized individuals. 10 . Take reasonable measures when destroying sensitive data that will prohibit the information from being read or reconstructed. Documents with sensitive data should be shredded by the individual who has authorized access to the data or by another employee while in the presence of the authorized employee. The County may enter into a written contract with a third party in the business of record destruction to destroy sensitive information in a manner consistent with this policy. 7.3 In order to protect sensitive and confidential information, the County will only release sensitive information to the account holder or individual(s) who own the information upon confirmation of personal identifying information or a valid picture ID. The confirmed account holder or individual may authorize the release of sensitive information to a third party. Confidential information will only be released in accordance with state statute. The only exception will be the release of specified information pursuantto a court order, warrant, subpoena orother requirement by law. Board of Commissioners Meeting 10/20/2008 23-1-7 SECTION 8. Sensitive and Confidential Information Breach Response Plan 8.1 Identify that a breach of sensitive or confidential information has occurred. Physical Breach -The following are indications that there has been unauthorized access to sensitive and confidential information via a physical breach. Other activities may occurthat are also physical breaches that are not included in the listing. a. Evidence of lock tampering on file cabinets or office doors b. Evidence of unauthorized entry in an area where sensitive and confidential information is stored c. Missing files or documents that contain sensitive information Technology Breach -The following are indications that there has been unauthorized access to sensitive and confidential information via a technology breach. Other activities may occur that are also technological breaches that are not included in the listing. a. Unknown or unauthorized name in the computer logon window b. Disconnected computer cables or power cables c. Missing computer equipment (desktop, laptop) d. Evidence that electronic files have been accessed by unknown or unauthorized individuals or are missing e. Devices or media attached to the computer that are not known or authorized f. Unusual programs running, icons, or windows that appear that are not known and are not part of the normal work process g. Any other suspicious activity which indicates an attempt to use technology without approval 8.2 Notify the appropriate internal and external contacts. Internal notification -Any County employee who becomes aware of a suspected or actual security breach must immediately notify their supervisor. The supervisor will discuss the validity of the Red Flag with the Department Head. The Program Administrator is responsible for further investigation upon notification by the Department Head. If said notification involves electronic equipment, the Information Technology Director should be informed by telephone or in person by the Program Administrator. External notification -The County is required to notify affected individuals of actual security breaches. Each suspected breach will be reviewed by the County Manager's office, the department where the breach occurred, law enforcement, and Information Technology (if applicable) to determine the appropriate action that will include the following: a. Notify the affected individuals without unreasonable delay providing information in general terms about the incident, the type of sensitive information that was subject to the unauthorized access, the actions that the County will take to protect the information from further access, a telephone number that the person may call for further information and s Board of Commissioners Meeting 10/20/2008 23-1-8 assistance, and advice that directs the person to remain vigilant by reviewing account statements and monitoring free credit reports. b. Providing affected individuals with information about how to alert credit agencies to potential fraud and identity theft. c. Notice to affected individuals may be provided by one or more of the following methods: a. Written notice b. Electronic notice for those individuals for whom the County has a valid email address and who have agreed to receive communications electronically c. Telephonic notice provided the contact is made directly with the affected persons and appropriately documented by the County. d. A substitute notice may be given if the cost of providing the notice exceeds $250,000, the number of affected persons is greater than 500,000, or the County does not have the necessary contact information to notify the individual in any of the aforementioned manners. A substitute notice will include posting a notice on the County's website and notifying major statewide media. e. If a security breach involves more than 1,000 persons, the County will provide written notice of the timing, distribution and content of the notice to the Consumer Protection Division of the North Carolina Attorney General's Office, as well as to all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in 15 U.S.C.1681 a (p). f. Notice may be delayed if law enforcement informs the County that disclosure of the breach would impede a criminal investigation or jeopardize national security. Such request by law enforcement must be documented in writing. 8.3 Implement Plan The County Manager or his designee will designate a Program Administrator to investigate and handle notifications of any suspected identity theft risks or actual security breaches until such time that the threat has ended and affected individuals and agencies are notified. Technology Breach Response -The Information Technology department is responsible for the following response upon being notified of a technology security breach by the Program Administrator. a. The Information Technology department will notify computer users that a technology breach has occurred and the breach response plan is being implemented b. The Information Technology department will secure the computer infrastructure as deemed appropriate which may include but is not limited to disconnecting network connections to outside locations, disconnecting servers or any other device on the network until the breach is isolated. c. Information Technology department will preserve evidence that may be needed bylaw enforcement for investigative purposes 9 Board of Commissioners Meeting 10/20/2008 23-1-9 8.4 Review of Incidents and Reports At least annually, the Program Administrator will review all incidents of suspected or actual security breaches and reportfindings and recommendations to the County Manager. SECTION 9. Program Updates This program will be periodically reviewed and updated to reflect changes in risks to customers and to the soundness and safety of the County from identity theft, based on factors such as: a. The experiences of the County with identity theft b. Changes in methods of identity theft c. Changes in methods to detect, prevent and mitigate identity theft d. Changes in the types of accounts the County offers or maintains e. Changes in the business arrangements of the County with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the list of Red Flags, are warranted. If warranted, the Program Administrator will update the program or present the County Manager with the recommended changes so the County Commissioners may make a determination of whether to accept, modify or reject those changes. SECTION 10. Program Administration Responsibility for developing, implementing and updating this Program lies with the County Manager or his designee and will be responsible forthe following: 1. Administration of the Program 2. Ensuring appropriate training of County staff on the program 3. Reviewing annual reports submitted by staff regarding compliance with this Program 4. Reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity theft 5. Determining which steps of prevention and mitigation should be taken in particular circumstances 6. Considering periodic changes to the Program. SECTION 11. Program Adoption This Program was developed with oversight and approval of the New Hanover County Board of Commissioners. After consideration of the size and complexity of County operations and account systems and the nature and scope of County activities, the New Hanover County Board of Commissioners has determined that the Program was appropriate for New Hanover County and therefore approved this Program on the day of October, 2008. to Board of Commissioners Meeting 10/20/2008 23-1-10 NEW HANOVER COUNTY SENSITIVE INFORMATION USER AGREEMENT ~~LISI-lE~~ have read the Identity Theft Prevention Program for New Hanover County, North Carolina and understand how to properly manage, maintain, store and dispose of sensitive and confidential information at New Hanover County, North Carolina. I will abide by the program and will handle sensitive and confidential information with prudent care in orderto ensure proper security of the information. In the event of a suspected or actual breach of sensitive and confidential information, will notify my immediate supervisor without delay and follow the Sensitive and Confidential Information Breach Response Plan. understand that negligent handling or inappropriate use of the County's sensitive and confidential information will be subject to disciplinary action up to and including dismissal and may be criminally and civilly prosecuted as allowed by law. have read, understand and agree to the conditions above. Printed Name of Employee Signature of Employee: Date Department Signature of Department HeadlSupervisor l l Board of Commissioners Meeting 10/20/2008 23-1-ll NEW HANOVER COUNTY SENSITIVE INFORMATION SERVICE AGREEMENT ~~LISI-lE~~ an authorized representative of (Company), hereby acknowledge that I have read and will adhere to the requirements listed below as they apply to the services procured by New Hanover County, North Carolina (County.) 1. The appointed representative of the Company has read the New Hanover County Identity Theft Prevention Program. 2. The Company accepts responsibility for the security of sensitive and confidential information in their possession. 3. Data can only be used to complete the service as described by the County for which the Company was engaged to perform. 4. If the Company is providing service that is related to a key function of the County the Company must assure business continuity in the event of a major disruption, disaster, or failure as provided for by contract. 5. If a security intrusion has been detected, the Company will notify the County immediately. If the Company has placed sensitive data on their system and the system has been breached, the Company will allow their system to be thoroughly reviewed at the Company's expense. This review may be conducted by the County or an appointed representative. In the event the intrusion is related to credit card numbers, the review may be conducted by a Payment Card Industry representative and will validate compliance with Payment Card Industry Security Standards for protecting cardholder data. Name of Company Address Name of Representative Signature Date Title 12 Board of Commissioners Meeting 10/20/2008 23-1-12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION NEW HANOVER COUNTY IDENTITY THEFT PREVENTION PROGRAM WHEREAS, the Federal Trade Commission has informed governmental units, financial agencies and creditors that they must implement an Identity Theft Prevention Program by November 1, 2008; and WHEREAS, in order to be in compliance with the Red Flags Rule Section 114 of the Fair and Accurate Credit Transactions Act of 2003, the Identity Protection Act of 2005, North Carolina General Statutes (N.C.G.S.) 75-60 Identity Theft Protections Act, N.C.G.S. 14-113.20 Identity Theft, and N.C.G.S. 132-1.10 of the Public Records Act (together, the Act), the County is required to implement an Identity Theft Prevention Program by November 1, 2008; and WHEREAS, the program provides for the safeguarding of certain information of customers, vendors, employees, and other individuals who provide information to the County that is covered by the Act. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby adopts this policy that will communicate to the employees and third parties their responsibility for protecting sensitive and confidential information pursuant to the Act and a response plan in the event that there is a breach of information subject to the Act; and shall be effective November 1, 2008. ADOPTED this the 20th day of October, 2008. NE~U HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 10/20/2008 23-2-1