Agenda 2002 09-03
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembb Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wdmington, NC
AGENDA
TED DAVIS, JR., CHAIRMAN. ROBERT G. GREER VICE-CHAIRMAN
WilLIAM A. CASTER, COMMISSIONER. JULIA BOSEMAN, COMMISSIONER. NANCY PRITCHETT, COMMISSIONER
ALLEN O'NEAL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' LUCIE F. HARRELL, CLERK TO THE BOARD
September 3, 2002
5:30 p.m.
MEETING CALLED TO ORDER (Chairman Ted Davis, Ir.)
INVOCA nON
PLEDGE OF ALLEGIANCE
APPROVAL OF CONSENT AGENDA
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:45 p.m. 1. Proclamation Declaring September National Prostate Cancer Awareness Month in New 5
Hanover County
5:50 p.m. 2. Consideration of New Emergency Operations Plan for New Hanover County 9
Public Hearin2:s:
6:00 p.m. 3.1 Special Use Permit Request by Michial Rhodes to locate a single wide mobile home in 13
a R-20 Residential Zoning District located at 2000 Chair Road near the Northeast Cape
Fear River
6:30 p.m. 3.2 Road Closin2: Request by Henry Conner to close the remaining portion of Nassau Road 19
located in the Sedgefield Subdivision near the 2000 block of Castle Hayne Road. A
Resolution of Intent to Close Nassau Road was adopted by the Board of County
Commissioners August 5,2002
7:00 p.m. 4. Meeting of the Water and Sewer District 23
7:05 p.m. Non-Agenda Items (limit 3 minutes)
7: 15 p.m. Additional Items: County Commissioners, County Attorney, County Manager
Adjourn
Note: Times list( d for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed.
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ITEMS OF BUSINESS Page No.
1. Non-Agenda Items (limited to 3 minutes) 23
2. Approval of Minutes 25
ADJOURN
2
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page No.
1. Approval of Minutes 29
2. Approval of Contract #03-0054 - Fiber Installation to New Administrative Annex 31
Building Located at Market Place Drive
3. Approval of Grant Application - Governor's Highway Safety Program 33
Approval of Budget Amendments:
4.1 #2003-05 Library Renovation Capital Project 35
4.2 #03-0029 Human Service Transportation 37
3
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4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Regular Item #: 1 Estimated Time: Page Number:
Department: County Manager Presenter:
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation Declaring September 2002 as Prostate Cancer Awareness in
New Hanover County
BRIEF SUMMARY:
North Carolina has the fifth highest death rate from Prostate Cancer in the nation. The Prostate Cancer Coalition of North
Carolina (PCCNC), Wilmington, NC Branch, in partnership with support groups in Craven, Lenoir, Pitt and Wayne counties, local
hospitals and community groups, and the support of Congresswoman Eva Clayton and Congressman Walter Jones is making
the effort to build an awareness, early detection and best practices program. The Coalition has set a goal to reduce the current
death rate by 50 percent within five years with a planned initiative; and seeks to have the Board of County Commissioners
proclaim September 2002 as "Prostate Cancer Awareness Month."
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Proclamation.
FUNDING SOURCE:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Adopt Proclamation.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted the Proclamation.
5
Prostate Cancer Coalition of North Carolina (PCCNC)
Wilmington, NC Branch
August 20, 2002
Chairman Ted Davis, Jr.
Our organization's mission statement is 50 in 5, which translates to reducing the prostate
cancer deaths in NC in 5 years by 50%. In order to accomplish this worthy goal we need the
support of all of our elected officials and we further need a forum to preach our mantra, which is
early detection. Every adult male in NC who is over 50 years old should be going for a yearly
Digital Rectal Examination (ORE) as well as a Prostate Specific Antigen (PSA) test and should
record the PSA results and watch for an abnormal rise in it. For African Americans and all others
with a brother or father with prostate cancer the yearly examinations should begin at the age of
40.
NC has the fifth highest prostate cancer death rate in the country and that is why we are trying
to change that statistic.
With our awareness campaign we would like to have men become aware of prostate cancer
similar to the way women are about breast cancer.
Won't you help us to obtain our lofty goal by supporting our proclamation and helping us get
the word out about early detection. As you know in the world of cancer, the earlier it is detected
the better the chance for a cure or remission.A
Sincerely,
i:~
A tr"'tC(c..lt,...,e~ T-:r
6
New Hanover County, NC
A Proclamation
By Ted Davis Jr., Chairman, Board of Commissioners
WHEREAS, in the year 2002, the month of September is declared National Prostate Cancer
Awareness Month, and
WHEREAS, in the year 2002, approximately 198,000 men in the Unltecl States will learn that they
have prostate cancer and, across the nation, prostate cancer is the most commonly diagnosed
non-skin cancer in men, and
WHEREAS, approximately 31,500 men will lose their lives to this disease this year, and one in six
men in the nation are at risk of prostate cancer during their lifetimes, and
WHEREAS, in the year 2002, in North Carolina 5,600 men will be diagnosed with prostate cancer,
and 900 will die from it, and
WHEREAS, about 25 percent of prostate cancer occurs in men under the age of 65, during their
prime years at work, and
WHEREAS, at any age prostate cancer devastates families, through loss of income, partnership
and support, and
WHEREAS, prostate cancer leaves too many parents, women, children and other family members
without a man they love, and
WHEREAS, African American families are disproportionately affected and African American men in
North Carolina have one of the highest prostate cancer mortality rates in the world, and
WHEREAS, prostate cancer has accounted, on average, for 15 percent of the nation's cancer
burden and 15 percent of male cancer deaths, it has received, on average, only about 5 percent
of the funds this nation commits to cancer research, and
WHEREAS, research suggests that men could reduce their risk of prostate cancer mortality if they
followed recommended prostate cancer screening guidelines, including examination by a health
care provider, and
WHEREAS, Increased awareness and use of early cIetection practlces by men is essential to
controlling prostate cancer,
NOW, lliEREFORE, I, The Chairman of the Board of Commissioners of New Hanover
County, NC do hereby proclaim September, 2002 as:
Prostate Cancer Awareness Month In New Hanover County and urge all
men in New Hanover County to become aware of their own risks of prostate cancer, talk
to their health care providers about prostate cancer and, whenever appropriate, be
screened for the disease. I further encourage all residents to become involved in the war
on prostate cancer through this county's education and advocacy initiatives.
7
-(CROSTATE
CANCER
~~~y~~
-10 1ft r
V.r a~ Is___
North Carolina has the 5th highest death rate from Prostate Cancer in the nation.
The African Ameri~an population of NC has one of the highest death rates in the
world. Prostate cancer accounts for nearly 1000 deaths each year in NC.
A careful review of existing research clearly indicates that a 50olc. or greater
reduction in the prostate cancer death rate for North Carolina. is achievable within 5
years with a concentrated, staffed, and funded initiative. The three steps that must
be taken to accomplish this are:
. First, raise the awareness of the need for prostate cancer early detection.
Early detection is the cornerstone to defeating Prostate Cancer.
. Second, bave screening resources available to all men at an appropriate age.
. Third, provide best practices medical care to men affected by this miserable
disease.
In order to achieve a 50% reduction in the death rate from prostate cancer the
support of the community, through volunteers, awareness and financial assistance is
required.
The Prostate Cancer Coalition of North Carolina (PCCNC), in partnership with
ACS, support groups in Craven, Lenoir, Pitt and Wayne counties, local hospitals
and community groups, and the support of Congresswoman Eva Clayton and
Congressman Walter Jones is making the effort to build awareness, early detection
and best practices program in these four counties. These eastern North Carolina
counties were chosen to initiate this effort because, while these four counties have
only 4.9% of the population of NC, they experience 5.5% of the prostate cancer
deaths. The four counties alone have an average annual death rate of S3 deaths a
year.
Together we can make a difference
The Prostate Cancer Coalition of North Carolina is incorporated in North Carolina as 501-C3 tax exempt. We welcome all
tax deductible contributions for our "50 in 5" initiative.
PCCNC
7500 Cadbury Court, Suite 102, Raleigh, NC 27615
Phone: (919) 846-8442
Fax: (919) 846-2142
E-mail: infotalDccnc.ora
7/8/2002
8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Regular Item #: 2 Estimated Time: Page Number:
Department: Emergency Management Presenter: Dan Summers
Contact: Dan Summers
SUBJECT:
New Emergency Operations Plan for New Hanover County
BRIEF SUMMARY:
New Hanover County Department of Emergency Management has prepared a new Emergency Operations Plan for the
community. The new plan has been substantially re-written to more closely follow guidelines established by the Federal
Emergency Management Agency. The plan includes general response actions to be supported by all of the municipalities within
New Hanover County. The plan includes references to emergency ordinances and includes preliminary actions to be taken in
the event of a terrorist act. This document will be presented to all the municipalities and key response agencies for signature
following endorsement by the New Hanover County Board of County Commissioners. Hurricane operations are not included in
this document. A new hurricane plan is under development with anticipated release by July of 2003.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request the County Commissioners to accept this plan as required by the Emergency Management ordinance and for the
Chairman to sign the letter of promulgation in the plan.
FUNDING SOURCE:
NA
ATTACHMENTS:
Emergency Operations Plan for New Hanover County
6 copies to the Board
2 copies for the County Manger
1 copy for the County Attorney
REVIEWED BY:
LEGAL: N/A FINANCE: N/A
BUDGET: N/A
HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Accept the plan as required by the Emergency Management Ordinance and authorize the Chairman to sign the letter of
promulgation in the plan.
COMMISSIONERS' ACTIONS/COMMENTS:
Plan is adopted as requested. Chairman authorized to sign the letter of promulgation in the plan.
9
NEW HANOVER COUNTY EMERGENCY OPERATIONS PLAN
LETTER OF PROMULGATION
TO: COUNTY GOVERNMENT
MUNICIP AL GOVERNMENT
RESIDENTS OF NEW HANOVER COUNTY
By virtue of the powers and authority vested in me as the Chairman, County Board of
Commissioners, I hereby promulgate and issue the revised New Hanover County Emergency
Operations Plan, dated August 2002, as a regulation and guidance to provide for the protection of
the residents of New Hanover County. The revised New Hanover County Emergency
Operations Plan, hereafter, will be referred to as "The Plan."
The Plan outlines the coordinated actions to be taken by County and Municipal officials and
volunteer organizations to protect lives and property in natural or man made disasters. It
identifies manpower and other resources available to prevent, minimize, and recover from injury,
loss oflife, and destruction of property, which tragically characterize disasters. The Board of
County Commissioners endorses the use of the Incident Command System (ICS) at all levels of
response, as promulgated in The Plan.
This plan is an effective tool for emergency response and recovery planning and will be
implemented when directed by the Chairman of the County Board of Commissioners. The
Emergency Management Director is responsible for the maintenance and update of the plan, as
required by ordinance, in coordination and agreement with appropriate participating agencies and
units of government.
Adoption of The Plan rescinds the New Hanover County Emergency Operations Plan for Multi-
Hazards dated 1990, and all subsequent changes to that document.
Sincerely,
Ted Davis, Jr., Chairman
County Board of Commissioners
New Hanover County
Emergency Operations Plan
ix
August 2002
10
NEW HANOVER COUNTY EMERGENCY OPERATIONS PLAN
SIGNA TORIES To THE PLAN
The following agree to support the overall concept of operations of the New Hanover County Emergency Operations
Plan and to carry out the functional responsibilities as assigned in the Plan.
Chairman, County Board of Commissioners, Ted Davis, Jr.
Date
County Manager. New Hanover County. AllenO'Neal
Date
Mayor, City of Wilmington, Harper Peterson
Date
City Manager. City of Wilmington, Ed Fare
Date
Mayor, Town of Carolina Beach, Ray Rothrock
Date
Town Manager, Town of Carolina Beach, Calvin Peck
Date
Mayor, Town of Kure Beach, BettyMedlin
Date
Mayor, Town ofWrightsville Beach, Avery Roberts
Date
Town Manager, Town of Wrightsville Beach, AndyHoneycutt
Date
Director, New Hanover County Emergency Management, Dan Summers
Date
Sheriff, New Hanover County, Joseph Lanier
Date
American Red Cross, Cape Fear Chapter
Steve Barnett
Date
NC Division of Emergency Management- Eastern Branch
J ames Smith
Date
Chief Executive Officer, New Hanover Health Network
Dr. William K. Atkinson
Date
United States Coast Guard - MSO Wilmington
Captain Jane Hartley
Date
New Hanover County
Emergency Operations Plan
xi
August 2002
11
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12
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Regular Item #: 3.1 Estimated Time: Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
S-486, 09/02: Special Use Permit
BRIEF SUMMARY:
Request by Michial Rhodes to locate a single wide mobile home in a R-20 Residential Zoning District located at 2000 Chair
Road near the Northeast Cape Fear River.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
See attached Preliminary Staff Findings
FUNDING SOURCE:
N/A
~
iii
4 S-486 Finding of Facts.de S-486 Pet Sum.dol
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Special use permit approved.
13
Case: S-486, 09/02
Special Use Permit for: A Single Wide Mobile Home in a R-20
Residential District
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved.
A. The subject property is located within the Castle Hayne VFD.
B. The site will be served by private well and septic.
C. Access to the site is from Chair Road which is being extended with the construction ofthe 17 By-Pass.
2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
A. The site is located in an R-20 Residential Zoning District. Minimum setbacks for structures can be met.
B. The mobile home will be located on a large farm parcel which has frontage on the Northeast Cape Fear River.
c. One other single family home exists on the property.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or
that the use is a public necessity.
A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values.
B. Currently there are no neighbors visible from the proposed mobile home site.
4. The Board must find that the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general conformity with the
plan of development for New Hanover County.
A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the
Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic,
wildlife and recreational resources.
B. Several other mobile homes are located east of the by-pass on similar properties.
14
Case: 8-486, 09/02
Petition Summary Data
Owner/Petitioner: Michial Rhodes
Existing Land Use: Vacant/Residential
Zoning History: July 1 1974 (lOA)
Land Classification: Resource Protection
Water Type: Private Well
Sewer Type: Septic
Recreation Area: Castle Hayne Park
Access & Traffic Volume: 15,000 Castle Hayne Rd (2001 ADT)
Fire District: Castle Hayne
Watershed & Water Quality Classification: Northeast Cape Fear River B(SW)
Aquifer Recharge Area: Nondescript
Conservation/Historic/ Archaeologic Resources: None
Soils: Kenansville, Baymeade
Septic Suitability: Class I (Suitable), Class II (Moderate Limitations)
Schools: Alderman Elementary
15
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4. LOT LINES AS SHOWN ARE PROPOSED (NOT SURVEYED)
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THIS PLA r REPRESENTS AN ACTUAL SURVEY THA T MEETS OR EXCEEDS
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STANDARDS OF PRACnCE FOR LAND SURVEYING IN NORTH CAROLiNA.
-;OPYRIGHT @, HANOVER DESIGN SERVICES, P.A., ALL RIGHTS RESERVED,
rEPRODUCTION OR USE OF THE CONTENTS OF THIS DOCUMENT, OR ADDlnONS
JR DELE nONS TO THIS DOCUMENT. /N WHOU PART. WITHOUT THE WRITTEN
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18
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Regular Item #: 3.2 Estimated Time: Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
SC-78, 07/02 Road Closing
BRIEF SUMMARY:
Request by Henry Conner to close the remaining portion of Nassau Road located in the Sedgefield Subdivision near the 2000
block of Castle Hayne Road. A Resolution of Intent to Close Nassau Road was adopted by the Board of County Commissioners
August 5,2002.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
This remaining segment of Nassau Road, which is currently open, does provide alternative access for the residents living on
Bermuda Drive and Fairfield Drive. In addition, County Engineering staff has requested that a 30 foot utility easement be
retained for future water and sewer services. For these reasons, staff recommends denial of the petitioner's request.
FUNDING SOURCE:
N/A
ATTACHMEIi3
2 Road Closing SC78 July 02.(
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Motion to deny closing of the road passed 4-1.
19
CASE: SC-78, 07/02; APPLICANT: Henry Conner
REQUEST: Close Remaining Portion Nassau Road
LOCATION: Anchored Between Spring Road & Fairfield Drive (Sedgefield Subdiv)
General Information
Henry Conner has petitioned the County to close the remaining portion of Nassau Road located in the Sedgefield Subdivision
near the Wrightsboro Community. (plat Book 7, Page 31) In accordance with N.C.G.S. 153-A - 241, the Board adopted a
Resolution of Intent to close the roadway on August 5,2002. A site map depicting the segment of road to be closed is attached.
Backl!round Information
Two (2) segments of Nassau Road have already been closed by the Board of County Commissioners. (see site map) In January,
1985, the Board closed a 400 foot segment of Nassau Road located between Bermuda and Jamaica Drives. No utility or drainage
easements were retained by the County at the time of closure. In July, 1995, the Board closed a 200 foot segment of the road
located adjacent and north of Jamaica Drive. A 30 foot utility easement was retained by the County.
Staff Comments
As depicted on the site map, this remaining segment of Nassau Road abuts the side yards of four (4) residential homes/lots in the
Sedgefield Subdivision. Some of the lots use the road for access. All four lots are accessible with direct frontage along Fairfield
Road or Bermuda Drive. Nassau Road is a dedicated 60 foot right-of-way and is semi-improved according to the petitioner.
County Engineering staff has requested that a 30 foot utility easement be retained if the road is closed. Fire Services does not
object to the closure.
Staff Recommendation
The petitioner's request to close the remaining segment of Nassau Road has merit since two (2) other segments of the same road
have been closed by the County over the past 17 years.
The closure of these two road segments has reduced the opportunity for the residents of Sedgefield Subdivision to utilize
alternative access options within their neighborhood to either Castle Hayne or Blue Clay Roads. This remaining segment of
Nassau Road, which is currently open, does provide alternative access for the residents living on Bermuda Drive and Fairfield
Drive. In addition, County Engineering staff has requested that a 30 foot utility easement be retained for future water and
sewer services. For these reasons, staff recommends denial of the petitioner's request.
20
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22
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ITEMS OF BUSINESS Page
No.
1. Non-Agenda Items (limited to 3 minutes) 23
2. Approval of Minutes 25
ADJOURN
23
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24
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes of the Regular Meeting held on August 5,2002
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
25
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26
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 29
2. Approval of Contract #03-0054 - Fiber Installation to New Administrative Annex 31
Building Located at Market Place Drive
3. Approval of Grant Application - Governor's Highway Safety Program 33
Approval of Budget Amendments:
4.1 #2003-05 Library Renovation Capital Project 35
4.2 #03-0029 Human Service Transportation 37
27
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28
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approval of the following sets of minutes:
Regular Meeting, May 6, 2002
Regular Meeting, May 20, 2002
Regular Meeting, August 5,2002
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes of meetings.
FUNDING SOURCE:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
29
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30
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Consent Item #: 2 Estimated Time: Page Number:
Department: IT Presenter: Susann C. Thompson
Contact: Susann C. Thompson
SUBJECT:
Fiber Installation to Corning Building
Contract #03-0054
BRIEF SUMMARY:
On August 10, 2002, Commissioners approved the purchase of the Corning building located on Market Place Drive. Fiber
must be installed to connect the Corning building to the County's network infrastructure. The installation will allow maximum
flexibility for data and voice communications with this building.
Due to the scope of this installation, local companies either declined to quote the project or were not qualified to perform the
work. Staff received an installation quote from Globe Communications, Inc. of Durham, NC in the amount of $129,899.00.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that Contract #03-0054 for fiber installation be awarded to Globe Communications, Inc. in the amount of
$129,899.00 and the County Manager be authorized to execute the contract. (Contract is voluminous and is available in the
County Manager's office.)
FUNDING SOURCE:
110-410-4198-1000-6300 (Corning Project)
ATTACHMENTS:
Quote Letter
REVIEWED BY:
LEGAL: FINANCE: Approve
BUDGET: Approve
HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
31
Globe Communications, Inc.
WORLDWIOE DATA & TELECOMMUNICATIONS SINeF 1964
/1 n.VC/JIH Company
August 2, 2002
Suzunn Thompson
Computer Manager
New Hanover County
Wilmington NC 2840 1
Phone 910-8]5-7013
Fax. Yl 0-341-4131
Ms. Thompson
Globe Communications will provide material and labor to install a 24 strand
singlcmodc /iheroptic cable between the Law Enforcement Center and the Coming
Building. Globe will provide for New Hanover County a proposed Rout~ between
bui Idings. Fiheroptic cable will be i.lmlOred to prot~ct irom being damaged oy squirrels aT
other animals. All work including building entrys, pole attachments, setting ofpoles, and
down guys will be done to industry standards. Fiber will be spliced at 3 locations, at the
COrner of 13th Street and Princess Place, at the corner of Evans Street and Pricess Place
and on Market Street near the Value Express Gas Station. Slack will he stored at various
locations on Snowshoes in the event of Future road moves or storm damage.
New Hanover County will be respon:'iible for pole attacluncnt rights, make ready, and
pennits to cross CSX railroad.
Material $52,113,00
Labor ,$77.786.00
Total $)29,899.00
Thank you, for allowing Globe Communications this opportunity to work with you on
this project. Should you have any questions please call at 919-383-5544 ext. 239
~w
David Reid RCDn
Area Manager, Globe Communications
5112 Neal Road. Durham NC 27507 Phone 919-383-5544 Fax 919-382-3089
'76 L : ON L?/?n: rCl -f7n: a I ~"I...." '"''
32
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Consent Item #: 3 Estimated Time: Page Number:
Department: Sheriff Presenter:
Contact: Fred Clingenpeel
SUBJECT:
Grant Application-Governor's Highway Safety Program
BRIEF SUMMARY:
The Sheriffs Department wishes to apply for a grant from the Governor's Highway Safety Program. The funds will be used to
purchase Checkpoint equipment in the amount of $13,250. The grant MAY require a 25% match of $3,312.50. The State has
not yet determined if they will require the match. If the match is required, funds are available in the Federal Forfeited Property
fund to cover this.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval to apply; request approval of required resolution; and necessary budget amendment if the grant is
awarded.
FUNDING SOURCE:
State $9,937.50
Federal $3,312.50
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: N/A
BUDGET:
HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
33
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34
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Budget Amendment
Consent Item #: 4.1 Estimated Time: Page Number:
DEPARTMENT: Library Renovation Capital Project
BUDGET AMENDMENT #: 2003-05
ADJUSTMENT
DEBIT
$23,561
$35,000
CREDIT
Contributions
Praxair Grant
Extended Project Expense
$58,561
EXPLANATION: To budget PRAXAIR grant awarded to the library. Funds will be used to equip a computer lab at
the main library. This was approved by Commissioners at the 3-11-02 meeting. This also increases budget for
contributions received that will be used for equipment purchases for the library renovation project.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
35
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36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Budget Amendment
Consent Item #: 4.2 Estimated Time: Page Number:
DEPARTMENT: Human Service Transportation
BUDGET AMENDMENT #: 03-0029
ADJUSTMENT
DEBIT
$20,905
CREDIT
Fees
Salaries
FICA
Retirement
Medical Insurance
Disability Insurance
$16,840
$1,285
$660
$2,080
$40
EXPLANATION: To budget collections from fees collected over a period of time. Funds will be used to cover part
of the salary increase for the Transportation Program Manager.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
37
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38
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 09/03/02
Additional Item #: 1 Estimated Time: Page Number:
Department: County Manager Presenter:
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Discussion Concerning Proposed Room Occupancy Tax Legislation
BRIEF SUMMARY:
There are two House Bills before the Legislature concerning Room Occupancy Tax. HB 1707 sponsored by Rep. Danny
McComas and HB 1720 sponsored by Rep. Thomas Wright.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Discuss the proposed bills.
FUNDING SOURCE:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Discuss proposed bills and direct staff.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard
City of Wilmington to be invited to next meeting scheduled for September 16th, 2002 to discuss HB 1720. Rep. Wright and
Rep McComas also requested to attend.
39
~~
q /3/002...
ROOM OCCUPANCY TAX
PROPOSEI) LE(jISLATION
Both versions keep the current 30;: Room Occupancy Tax (ROT)
600/0 beach nourishment (or control beach erosion)
400/0 to promote travel and touri~)m
" ~~.
j!r;;: tl; I] a/;/~r:- ~~Z ~ ~
dt~ ;/,$ /72LJ. f
~.
40
ROOM OCCUPANCY lAX
PROPOSED LEGISLA liON
HOUSE BILL 1707
New Hanover Beach Towns Tourism Act
Rep. McComas
Authorizes each of the towns of Carolina Beach, Kure Beach and Wrightsville Beach
to levy a 3% occupancy tax. Proceeds remitted quarterly to Tourism Development Authority (TDA).
Authority must use:
50% proceeds to promote travel and tourism
50% for tourism-related expenditures
Creation of Tourism Development Authority (TDA) instead of Convention and Visitors Bureau.
13 Voting members consisting of: 5 ex officio members and 8 additional members appointed
by County Commissioners as follows:
5 owners/operators of lodgings (hotels. bed and breakfast, rental properties)
2 members actively involved in promoting tourism in the County
1 owner/operator of restaurant
41
ROOM OC:CUPANCY TAX
PROPOSED LEGISLATION
HOUSE BILL 1720
New Hanover Occupancy Tax Changes
Rep. Wright
Authorizes New Hanover to increase its Occupancy tax from 3% to 6%.
If New Hanover does not levy the additional 3% tax, the City of Wilmington and beach towns are
authorized to levy a 3% occupancy tax.
(If either the city or any of the towns levy the 3% occupancy tax and the County subsequently adopts
a resolution to levy the tax, the city's or town's authority to levy the tax is repealed as of the effective
date of the county levy).
Additional Tax would be allocated for the following:
1) The construction, financing, operation, promotion, and maintenance of a convention center
2) Purposes as designated by a local act of the General Assembly
3) Promotion of travel and tourism
Technical Considerations:
The bill does not require the establishment of a TDA. However, under the current wording
of the bill, the only way a portion of the funds from the additional 3% could be used for a
convention center is if there is a TDA.
The proceeds derived from the accommodations in the beach towns are to be used as directed by a
local act of the General Assembly. Currently, there is no local act directing the use of these funds.
Until a local act is enacted, the funds can not be used.
42
HOUSE BILL 1707:
Ne,,, HaI lover Beach To'wns Tourism Act
Committee:
Occupancy Ta.x Subcomm 'nee
of the House Finance Com nittee
August 27, 2002
PCS for 151 Edition
H1707-CSLCx-109 [v.S]
Introduced by: Rep. McComas
Summary by: Trina Griffin
Committee Counsel
Date:
Version:
SUMMAR Y: The proposed committee substitute for House Bil11707 authorizes each of the towns of
Carolina Beach, Kure Beach, and Wriglztsville Beach to levy a 3% occupancy ta.:t:. The proceeds must
be remitted quarterly to a Tourism Development Authority, which is required to be established by the
bill. The Authority must use one-half of the proceeds to promote travel and tourism and one-/zalf for
tourism-related expenditures.
The section requiring the establishme1lt of a Tourism Development Authority becomes effective when
the act becomes law. The reminder ojthe act becomes effective February 1, 2003.
CURRENT LAW: Currently, the towns of Carolina Beach, Kure Beach, and Wrightsville Beach do
not have authority to levy an occupancy tax. However, they do receive a portion of the occupancy tax
proceeds levied by the county. Since 1985, New Hanover has had the authority to levy a 3% occupancy
tax. Sixty percent (60%) of the total proceeds are deposited into a special fund to be used to control beach
erosion. The remainder is distributed among the county and the municipalities in accordance with the
method by which the 1 % local sales and use taxes levied in the county are distributed and is to be used to
promote travel and tourism. I
BILL ANALYSIS: The proposed committee substitute for House Bill 1707 has two main parts. The
first part affects the Qeach towns only and the second part modifies the county's current authority to levy a
3% occupancy tax:"
1. Beach Towns Tourism Development Act
Rate - It authorizes each of the towns of Carolina Beach, Kure Beach, and Wrightsville Beach to levy a
3% occupancy tax.
Administration - The county would collect the proceeds for each beach town and remit the funds, on a
quarterly basis, to the TDA: The TDA will distribute the funds and must consult with the affected beach
town regarding its needs for promoting travel and tourism and for tourism-related expenditures.
Use - 50% to promote travel and tourism; 50% for tourism-related expenditures.
II. Modify New Hanover County Administrative Provisions
Creation of a TDA - Currently, the county has a convention and visitors bureau, which was established
without any authorizing legislation.
I New Hanover uses an ad valorem method oflocal sales and use tax distribution.
Legislative Services Office
North Carolina General Assembly
Research Division, 733-2578
43
HOUSE BILL 1707
Page 2
. The pes would require the county to cr~ate a Tourism Development Authority as soon as
practicable before February 1, 2003. Ur- on its creation, the county must transfer all of the assets of
the convention and visitors bureau to the TDA.
. The TDA would consist of 13 voting mer tbers, with 5 ex officio members and 8 additional
members appointed by the board of commissioners. The eight additional members would consist
of 5 owners/operators oflodgings (hotels, bed and breakfast, and rental properties), 2 people
actively involved in promoting tourism in the county, and 1 owner/operator of a restaurant.
Use-
. 60% - Under current law, New Hanover uses 60% of its occupancy tax proceeds to control beach
erosion. The PCS changes the term to "beach nourislunent," a defined term. These funds would
continue to be deposited into a special account administered by the county.
. 40% - Under current law, the remaining 40% is distributed among the county and the
municipalities and used to promote travel and tourism. Under the PCS, the use would remain the
same but the funds would be remitted to and distributed by the TDA.
Uniform Administrative Provisions - It conforms the provisions regarding the levy, administration,
collection and repeal of the county tax to the statutory provisions in G.S. 153A-155. Uniform statutory
penalties also apply.
Legislative Services Office
North Carolina General Assembly
Research Division, 733-2578
44
HOUSE BILL 1720:
New I-!anove;,( Occupancy Tax Changes
BILL ANALYSIS
Date:
Version:
Occupancy Tax Subcommittee
of the House Finance Committee
August 27,2002
PCS for 151 Edition
Hl720-CSLCx-108 [v.7]
Introduced by: Rep. Wright
Summary by: Trina Griffin
Committee Counsel
Committee:
SUMMARY: House Bill 1720 authorizes New Hanover to increase its occupancy taxfrom 3% to 6%.
If New Hanover does not levy the additional 3% tax, the City of Wilmington and other beach towns are
authorized to levy a 3% occupancy tax. Tire proceeds of the additional tax would be allotted for the
following uses:
> For the construction,jinancing, operation, promotion, and maintenance of a convention center.
> For purposes as designated by a local act of the General Assembly.
> For promotion oftrave~ and tourism.
The act becomes effective February 1,2003.
CURRENT LAW: In 1983, the General Assembly authorized New Hanover to levy a 2% occupancy
tax. In 1985, New Hanover was authorized to levy an additional 1%. None of the municipalities in New
Hanover have authority to levy an occupancy tax:, but they each receive a portion of the proceeds
collected by the county. Sixty percent (60%) of the total proceeds are deposited into a special fund to be
used to control beach erosion. The remainder is distributed anlong the county and the municipalities in
accordance with the method by which the 1 % local sales and use taxes levied in the county are distributed
and is to be used to promote travel and tourism.
BILL ANALYSIS:
The proposed committee substitute for House Bill 1720 does the following:
Authoritv to Levv
. It authorizes New Hanover to levy an additional 3% occupancy tax. If New Hanover does not levy
the tax, the City of Wilmington and the towns of Carolina Beach, Kure Beach, and Wrightsville Beach
are each authorized to levy a 3% occupancy tax.
. It requires that, before adopting a resolution levying a tax, the governing body of the entities
authorized to levy a tax hold a public hearing. They must give at least 15 days' notice of the hearing,
including details on the proposed uses of the tax proceeds.
. The county tax may become effective no earlier than February 1,2003. A tax levied by the city or the
towns may become effective no earlier than March 1, 2003.
. If either the city or any of the towns levy the 3% occupancy tax and the county subsequently adopts a
resolution to levy the tax, the city's or town's authority to levy the tax is repealed as of the date of the
effective date of the county levy.
Legislative Services Office
North Carolina General Assembly
Research Division, 733-2578
45
HOUSE BILL 1720
Page 2
Use and Administration of Tax Proceeds
AdIi1irtistr~.ti'Jn
Funds to be kept in a special fund
administered by the county.
Funds to be distributed among the county
and municipalities in accordance with the
method by which the 1 % local sales and
use taxes are distributed.
First3% .
60%
40%
To promote travel and tqurism
throughout the county
Wilmington
Proceeds
(1) If certain conditions are met, the
proceeds would be used for the
construction, financing, operation,
promotion, and maintenance of a
convention center.
(2) If conditions are not met, funds
to be used to promote travel and
tourism.
Beach Town
Proceeds
For purposes "provided in a local act
ofthe General Assembly."
Unincorporated Area
Proceeds
AlternatiVe .3%
. 'l,:Jeyied'by(Jity &.
. .T6'vhs..... "..
To promote travel and tourism
(I) If certain conditions are met, the
proceeds would be used for the
construction, financing, operation,
promotion, and maintenance of a
convention center.
(2) If conditions are not met, funds
to be used to promote travel and
tourism.
For purposes "provided in a local act
of the General Assembly."
Wilmington
Beach Towns
. If (1) applies, the funds are remitted to
the City of Wilmington.
. If (2) applies, the funds are remitted to
the TDA.
\
\
. County to administer proceeds and keep
proceeds in separate accounts for each \
beach town. '
. If, however, the county establishes a
TDA, the funds will be remitted to TDA.
. County to administer proceeds.
. If, however, the county establishes a
TDA, the funds will be remitted to TDA.
. If (1) applies, the City of Wilmington
would administer the funds.
. If (2) applies, the funds are remitted to
the TDA.
. Each town to administer proceeds from
that town.
. If, however, the county establishes a
TDA, the funds will be remitted to TDA.
Legislative Services Office
North Carolina General Assembly
Research Division, 733-2578
46
'H()LSEBILL 1720
Page 3
'~ onditions for Convention Center
"1) If, within 3 years after the first levy of the additional 3 % tax, the City of Wilmington has
demonstrated to the satisfaction of the T )A that all financing and development arrangements for a
convention center have been completed, f Ie county must remit the funds to the City of Wilmington to
be used for the construction, financing, oraation, promotion, and maintenance of a convention center.
2) If the conditions in 1) have not been met, the county must remit the funds to the TDA to be used to
promote travel and tourism.
3) If the conditions in 1) have been met but within four years after the first levy of the additional 3% tax,
construction has not begun on a convention center, then the city must return any funds it received that
have not been committed. These proceeds shall then be used to promote travel and tourism,
Reoortinz Requirements
Each entity responsible for administering and spending the proceeds of the occupancy tax must annually
publish a detailed, audited report on its receipts and expenditures during the preceding year. The text of
the report must be included in the minutes of the entity's governing body and placed on a public web site,
and must be made available in hard copy upon request. These reporting requirements would apply to the
county, city, and towns as well as the TDA, depending on which entity is administering the funds.
TECHNICAL CONSIDERATIONS:
. The bill does not require the establishment of a TDA. However, under the current wording of the bill,
the only way that a portion of the funds from the additional 3% could be used for a convention center
is if there is a TDA, lfthere is a TDA, then the remainder of the proceeds will also be administered
by the TDA.
. The proceeds derived from accommodations in the beach towns are to be used as directed by a local
act of the General Assembly. Currently, there is no local act directing the use of these funds. Thus,
until a local act is enacted directing the use of these funds, the funds could not be used.
Legislative Sen'ices Office
North Carolina General Assembly
Research Division, 733-2578
47
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