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HomeMy WebLinkAboutAgenda 2002 12-02 AGENDA December 2, 2002 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 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 5:30 p.m.Time MEETING CALLED TO ORDER...... ......... ......... ......... ...... ......... ......... ...Chairman Ted Davis, Jr. INVOCATION............................................... ..The Honorable James H. Faison, District Court Judge PRESENTATION OF COLORS...... ...... ...... ...... ...... ...........Eugene Ashley High School Navy JROTC PLEDGE OF ALLEGIANCE... ......... ...... ...... ...... ......... ...... ...... ......... ....... Chairman Ted Davis, Jr. NATIONAL ANTHEM......................................................................................... .Amy Davis ADMINISTRATION OF OATHS OF OFFICE to Robert G. Greer and William A. Caster............ The Honorable 1. D. Hockenbury, Superior Court Judge ESTIMATED ITEMS OF BUSINESS Page TIMES No. 1. Election of Chairman and Vice-Chairman Wanda M. Copley, County Attorney Presiding 2. Meeting of the Water and Sewer District 3. Election of Chairman and Vice-Chairman Water and Sewer District Wanda M. Copley, County Attorney Presiding 4. APPROVAL OF CONSENT AGENDA Public Hearin2s : 6:00 p.m. 5. Public Hearing on Preliminary Assessment Roll for the Relocation of Mason Inlet 5 6:45 p.m. 6.1 Road Renaming ("Tabled" Nov. 12 Mtg.) - Request by County Parks Advisory Board to 7 rename Veterans Drive to Halyburton Parkway located near the 6400 block of Carolina Beach Road, west side. (SN-93, 11/02) 7:05 p.m. 6.2 Special Use Permit ("Tabled" Nov. 12 Mtg.) - Request by Amanda Smith to change an 11 existing Special Use Permit for a Pet Grooming operation to a Convenience Food Store/Tea Shop in an R-15 Residential Zoning District located at 7903 Myrtle Grove Road. (S-387-09/02) 7:35 p.m. Break 7:45 p.m. 6.3 Rezoning - Request by Ken Shanklin for Jeffrey Clark to rezone approximately 2.92 17 acres of property located at 4716 Carolina Beach Road from R-15 Residential to CD(O&I) Conditional Use Office and Institution. (Z-746,07102) 8:15 p.m. 6.4 Rezoning - Request by Howard Capps for Matt Di Gioia to rezone approximately 3.80 23 acres of property located at 4607 Carolina Beach Road from R-15 Residential to R-l 0 Residential. (Z-756, 11/02) 8:35 p.m. 7. Consideration of Contract Award - Contract #03-0095 Mason Inlet Mitigation Site 27 8:50 p.m. 8. Consideration of Mason Inlet Change Order for Year Two Monitoring for Piping 31 ESTIMATED ITEMS OF BUSINESS Page TIMES No. Plovers 9:05 p.m. 9. Designation of Voting Delegate for Legislative Goals Conference 35 9:10 p.m. 10. Consideration of Purchase of Real Property 37 9:25 p.m. 11. Meeting of the Water and Sewer District 39 9:30 p.m. Non-Agenda Items 9:35 p.m. Additional Items: County Commissioners County Attorney County Manager 9:45 p.m. 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. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS Page No. Non-Agenda Items (limit 3 minutes) 39 ADJOURN 3 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval to Accept Additional Home and Community Block Grant Monies in the 43 Amount of $44,030 for the FY2003 2. Approval of Contract with BMS Architects to Provide Design Services for Airlie 57 Gardens 3. Approval of Lease Agreement Between Triton PCS Companv, L.L.C. and New 59 Hanover Regional Medical Center 4. Annual Review and Approval of Public Official Bonds 61 5. Approval to Contract for Library Security 67 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 5 Estimated Time: Page Number: Department: Legal Presenter: Wanda Copley Contact: Wanda Copley or Bruce Shell SUBJECT: Public Hearing on Mason Inlet Special Assessment BRIEF SUMMARY: On June 21, 1999 the Board of County Commissioners approved the preliminary resolution of the Mason I nlet Project. On November 12, 2002 the Board approved the Determination of Cost for the project. As required by N.C. General Statute 153A- 195 , a public hearing is required to provide for public input. Upon completion of the public hearing the Board of County Commissions will consider confirmation of the final assessment roll. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing and consider confirmation of roll. FUNDING SOURCE: Will above action result in: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing and consider confirmation of roll. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing. Approved 5-0. Also established that bills will go out by April 15, 2003 due by July 1,2003. Interest will begin accruing as of July 1, 2003. 5 (This page intentionally left blank) 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 6.1 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: SN-93, 11/02 Applicant: County Parks Advisory Board Road Renaming BRIEF SUMMARY: The applicant is interested in renaming the entire length of Veterans Drive that extends from Carolina Beach Road west to its intersection with River Road. The renaming to Halyburton Parkway encompasses a length of approximately 1.6 miles and is maintained by the County. Presently, this access serves several new schools, a residential subdivision and apartment complex which is under construction. No other residential lots have frontage, although there is a large vacant undeveloped parcel with frontage across from the apartment complex. RECOMMENDED MOTION AND REQUESTED ACTIONS: The New Hanover County Parks and Recreation Advisory Board has recommended that the road running through Veterans Park be named after Mr. Halyburton in keeping with the theme already established in Veterans Park. Halyburton Parkway has been approved by the County's E-911 Center. To date, several residents in the Heritage Woods development have voiced concern that the renaming is unnecessary. They have suggested that other facilities near the Veterans Park campus be named after Mr. Halyburton. If the renaming is adopted by the Board, address changes will need to be made by the apartment complex and the existing schools. Typically, the County has allowed a two to three month grace period to make necessary changes. The County will install new street signs. FUNDING SOURCE: Will above action result in: Explanation: NIA ATTACHMENTS: 2 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. Name as Halyburton Memorial Pkwy. Effective date March 2, 2003. 7 8 CASE: SN -93~ 11/02 APPLICANT: County Parks Advisory Board SUBJECT: Road Renaming - Veterans Drive to Halyburton Prkwy LOCATION: Near 6400 Block Carolina Beach Road (West side) Staff Summary The applicant is interested in renaming the entire length of Veterans Drive that extends from Carolina Beach Road west to its intersection with River Road. The renaming to Halyburton Parkway encompasses a length of approximately 1.6 miles and is maintained by the County. Presently, this access serves several new schools, a residential subdivision and apartment complex which is under construction. William D. Halyburton, Jr. was one of four Medal of Honor recipients who spent most of his life in New Hanover County. The New Hanover County Board of Education has named two new schools at Veterans Park after Medal of Honor recipients who also resided in the County. An elementary school is still planned for the site. Several individuals in the County have suggested that Mr. Halyburton be honored in the same way. Staff Comments The New Hanover County Parks and Recreation Advisory Board has recommended that the road running through Veterans Park be named after Mr. Halyburton in keeping with the theme already established in Veterans Park. Halyburton Parkway has been approved by the County's E-911 Center. To date, several residents in the Heritage Woods development have voiced concerned over the proposed renaming. They have suggested that other facilities near the Veterans Park campus be named after Mr. Halyburton. If the renaming is adopted by the Board, address changes will need to be made by the apartment complex and the existing schools. Typically, the County has allowed a two to three month grace period to make necessary changes. The County will install new street signs. 9 ~ I \ \\). L~ ~I~U .t-~i.{ rcu. ;: ,-:~ft~ T/T ,\ \ "~"" " .."!d . k -if' '1:0 ~~: ' --i \\ f; ~ : ~ ~\ \/<\__w J.) ~.~ :5 ,0v~ /1 ~ '" '-' '" ~\ \.L ~~ ~ ~ ~~ ~ ;:; !ii =:;:3 ~ >0- ~":Z::: <( N i::D~ :;;;:3....f:i=f:f: ~.: 5 r;;!::F3~~~ ,... E 0 ::.:::~o::zcnZ2 ,.. ~~ ~~5~~:2~ cwi ~'E ]:@=!~z:;::;: ~ 'lid~ ~ D-:Zr.ii~~ z: ~"E. ~T"""N~VlJ')<:O CI) C;;~ :$.......c-.J~oo:tLno:g L.....-.. a: b~Y.)~ 1_ ]Q P6if(i' y~- L_LBiv(rCTri;'-C 1 H I I "ti/J:Ct:;i, r 1.T1'YZ:1/' ~I ~'1 (,f:j \I;JI:~ :t,-Jf'~ -m ~III_ 5RIU~ Irl 1 \ ~- ngl~ . ~ ~ , r l-c:I ! -t .l.l rtfflJ:M \)Inf.' c- ~c, !~ - I f?:q--~]:J~ 'WV1~ <:i' ~ _ IF~I'j:IUrrr-~~\ \./1 - ~ "II -~,,~~,,-- ~pW/j [ c::: I ~Wr ':::'= i . 1:;1; ffi~i'k~ .b i. t= ~~ ~Ti (/1 RI ~~ WA J '-I · ~~I ~~ ~~ 1 1 lAY / ,-if .",,\ i ,\\'(//T1\" 1~', 1 ,'0\l.J ! \'1 \110\ 1 _"~' uj-,T '\ I.\IT\~ i . ~\----~\ LI'--' L, ~ I \ ,j-- 1.-\1.{"~ I~ ':so: 1'1\:) t K--3't=' 'y 11fi1 _J~ , "' W I- 00 --I o o 5 en o a: C T- o IX: ~ ~ z o ~ ~ ~ m ~ II ~ ~ ::::::---~ --:::t ! . ~\ ... , { . 10 (This page intentionally left blank) 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 6.2 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: S-387, 09/02 Special Use Permit for: A Convenience Food Store/Tea Shop In an R-15 Zoning District BRIEF SUMMARY: Request by Amanda Smith to modify an existing Special Use Permit for a Pet Grooming operation to a Convenience Food Store/Tea Shop in an R-15 Residential District located at 7903 Myrtle Grove Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 09/05/02: The petitioner, Ms. Smith, presented the request and provided some history about the structure and land use. No one spoke in support or in opposition. The Planning Board was concerned about this request establishing a precedent for commercial zoning along Myrtle Grove Road and south along Carolina Beach Road. The Board voted 6-0 to recommend Denial. FUNDING SOURCE: Will above action result in: Explanation: NIA ATTACHMENTS: II II (4) S-387 Finding of Facts.doc S-387 Pet Sum.doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Failed 3-2. Against Davis, Boseman, and Pritchett. 12 Case: S-387, 09/02 Special Use Permit for: A Convenience Food Store / Tea Shop In an R-15 Zoning District PLANNING BOARD RECOMMENDATION 09/05/02: The petitioner Mr. Smith presented the request and provided some history about the structure and land use. No one spoke in support or in opposition. The Planning Board was concerned about this request establishing a precedent for commercial zoning along Myrtle Grove Road and south along Carolina Beach Road. The Board voted 6-0 to recommend Denial. 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 Myrtle Grove VFD. B. The site is served by individual well and septic. All restroom, kitchen and eating facilities will have to meet minimum health codes. c. Access to the site is from Myrtle Grove Road D. There is an existing special use permit for a Pet Grooming Facility at this location. 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-15 Residential Zoning District. Convenience food stores are permitted by Special Use Permit within the R-15 Residential Zoning District. B. Required conditions of the zoning ordinance can be met. C. No new structures are proposed. D. No fuel sales or auto repair type services are permitted. The proposed convenience store use is to sell specialty breads, crackers, cookies, coffee, tea and some associated accessory items. 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. Historically the site has been used for non-residential purposes including small engine repair and most recently as a pet grooming facility. 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 New Hanover County Comprehensive Plan classifies the site as resource protection. 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. No Structural expansions are proposed. STAFF COMMENTS: a. The proposed convenience store shall only be used to sell specialty type food items and accessories and shall not be converted into a standard Convenience store. 13 Case: 8-387, 09/02 Petition Summary Data Owner/Petitioner: Amanda Smith Existing Land Use: Pet Grooming Zoning History: April 7, 1971 (Area "4") Land Classification: Resource Protection Water Type: Private Sewer Type: Septic Recreation Area: Vaterans Park Access & Traffic V olurne: 3,300 Myrtle Grove Road (2001 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Myrtle Grove Sound Aquifer Recharge Area: Shallow Water Table Conservation/Historic/ Archaeologic Resources: none Soils: Baymeade Septic Suitability: Class II (Moderate Limitations) Schools: Bellamy Elementary 14 c--.pJ/~CfJ~~J. [(S~' I {J .se./I Teos, (Icc/~/es' (!rc(ck~r:s I t2,('u.JY\r~+~ J .:::Spe(!iOJj~{ -!.)reCtc}s CcJ1cl E 01}H r liD 1\;) Ie nf i o()d". !,J {:5 (J CC1Pr; e 5 ~ 0- n d 60\'I1~, [toQ-Je(5 O(i:',-e S E. ~ T .,.... '. .' 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"c: ~ ~ ~ 8 ~ ~ ~ ~ ~ g;: ~ ~ <''''''" I :5 ~ 8:C'.JM~Lnr.o en ~c::c ~ r:"I(V} '<1-r.n(D 16 C'\I[ . - (This page intentionally left blank) 17 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 6.3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: Z-746, 07/02, Rezoning BRIEF SUMMARY: Request by Ken Shanklin for Jeffrey Clark to rezone approximately 2.92 acres of property located at 4716 Carolina Beach Road from R-15 Residential to CD (0&1) Conditional Use Office and Institutional. RECOMMENDED MOTION AND REQUESTED ACTIONS: The petitioner's attorney, Ken Shanklin, presented the request. Mr. Shanklin explained that historically the property has been used for a variety of commercial uses. Since zoning was established in 1971 all commercial activity on the site has occurred as a non-conforming use. Mr. Shanklin stated that his client wants to expand his business and under the current non-conforming classification he cannot expand. Several members of the Planning Board felt that the request was logical and would not establish a precedent for future commercial rezonings in the area. Other members of the Board thought the property should remain Residential and the business should operate within the non-conforming classification. The Board voted 4-2 to recommend APPROVAL with the condition that the proposed audio studio shall not operate after 10:00 pm. FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: NIA ATTACHMENTS: II II II (5) Z-746 Finding of Facts.doc Z-746 Pet Sum.doc Z-746 Sum.doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-2, Davis and Greer voting no. Conditional uses approved adding that it not be used after 10 pm. Passed 4-1, Davis voting no. 18 Case: Z-746, 07/02 Special Use Permit for: Private Business & Professional Services (Computer Audio video service, recording studio, & personal real estate rental office) in a CD(O&I) 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 Myrtle Grove VFD. B. The site has direct access to Carolina Beach Road (U.S. 421) C. The site is served by County sewer and Public water service is available nearby. D. Only one new building is proposed for the rear of the property. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A Only one new structure is proposed. The proposed building shall be setback a minimum of (2. 75Xbuilding height). Existing uses will continue within the existing buildings onsite. B. Buffering for the proposed building is shown using a fence and landscape material. No trees will be removed for the new construction. C. The proposed uses are permitted within the Office and Institutional District. 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 Historically the existing building fronting on Carolina Beach Road has been used for a variety of commercial uses prior to zoning in the area. B. Only one new building is proposed. C. The proposed uses are permitted within the 0&1 zoning district. 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 subject property is located in the Developed Land Classification. The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. Urban services are already in place or scheduled within the immediate future. . Planning Staff Concerns: 1) Rezoning this property may establish a precedent for future rezoning along this residential corridor. 2) There is not a defined entrance/exit on Carolina Beach Road. 3) Hours of operation for the recording studio shall be established to protect neighbors. 19 Case: Z-746, 07/02 Petition Summary Data Owner/Petitioner: Ken Shanklin for Jeffrey Clark Existing Land Use: Residential/small nonconforming business Zoning History : April 7, 1971 (Area 4) Land Classification: Developed Water Type: Public Water (nearby) Sewer Type: County Recreation Area: Myrtle Grove Park Access & Traffic V olurne: 26,000 @ Monkey Junction(1999 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Bamards Creek C(SW) Aquifer Recharge Area: Transition between Primary and Secondary Conservation/Historic/ Archaeologic Resources: Pacosin southwest end of property Soils: Johnston, Craven, Wrightsboro, Woodington, Seagate Septic Suitability: Class IV (Unsuitable), Class III(Severe Limitations), Class II (Moderate Limitations) Schools: Williams Elementary 20 CASE: Z-746,07/02; APPLICANT: Ken Shanklin for Jeffrey Clark REQUEST: R-15 Residential to CD(O&I) Conditional Use Office and Institutional ACREAGE: 2.92 Acres LOCATION: 4716 Carolina Beach Road LAND CLASS: Developed - The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Density may exceed 2.5 units per acre within the developed class, depending upon local zoning regulations. PLANNING BOARD RECOMMENDATION 11/7/02: The petitioner's attorney Ken Shanklin presented the request. Mr. Shanklin explained that historically the property has been used for a variety of commercial uses. Since zoning was established in 1971 all commercial activity on the site has occurred as a non-conforming use. Mr. Shanklin stated that his client wants to expand his business and under the current non-conforming classification he cannot expand. Several members of the Planning Board felt that the request was logical and would not establish a precedent for future commercial rezonings in the area. Other members of the Bo ard thought the property should remain Residential and the business should operate within the non-conforming classification. Ultimately the Board voted 4-2 to recommend approval with the condition that the proposed audio studio shall not operate after 10:00 pm. STAFF SUMMARY: The subject property is located on the southwest side of Carolina Beach Road approximately 400 feet south of Silva Terra Drive. The petitioner is requesting a CD(O&I) Conditional Use Office and Institutional Rezoning for approximately 2.92 acres of property. As with many parcels throughout the County the property has a long narrow form with approximately 140' of road frontage and approximately 1140 feet of depth. Properties to the north and south of the subject property have a similar form. Further south on Carolina Beach Road long narrow parcels with road frontage have been developed into successful residential subdivisions. Because of the accessibility, these properties are also eligible for high density residential uses. There are several properties of a similar size (5::1:: ac.) nearby. Although there is an existing non-conforming use on the subject property, this side of Carolina Beach Road North of Horn Road has several single family homes and is zoned R-15 Residential up to the City Limits. Section 40-1 of the Zoning Ordinance establishes the general guidelines or intent of the ordinance as it pertains to non-conformities. "It is the intent of this ordinance to permit these non-conformities to continue until they are removed, but not to encourage their continual use. " Policies in the Comprehensive Plan discourage the striping out of our major corridors. Approving this would result in a significant intrusion into surrounding residential properties. Staff is concerned that rezoning even part of this property as a conditional use will establish a precedent for future commercial rezoning and will continue an undesirable pattern of strip development along this stretch of Carolina Beach Road. Therefore, Staff Recommends Denial. 21 !!! '" i!l ~ ;& ;... ~ ~~ '" ~ E ~ ~ D:'" ~ '" ~ 0 ~ '" ;;:'" ~ d .~ ~" v= ~~ cr '" ..: I- ~UJ ~ == --' ..:i:':i t= ~ ~~Lcl o..~~ UJ ::q:~:J: j::?-~ en 8:mLU O~....cl.Ll o gsllJWa:: E;~oS:(.)::~~~ i:;'; ~~~~~~a::;t~~6~iri~ c=- :;;<Z21---<t:<(~~><=d'rfE~ ~~ ~~~~~~~<O~~~~~~ N;; i ~~~~5@faS:cng~~~~z =_ eci ~t;<<UJ~::!:~~:2~o:~~~ E~gg~88~3~~:;i~:5~ ,...~ ~ ii ~ ~ ~ 8 re 5 5 5;: ~ "'.::; 00::5 coCo:l:.$!: O""'NCW)"U' ~ S..- 'lOT-C"\(C"':I"ll"'l.f}(Qr-C!OCDr-.,....,...,......,.... ~ ~i: 8,....N('1lfJ"lIHO""'"CO=~::~~.;! N=< ~ !~BH ~ ... 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I- <too(\,{",- ~ +1 :z Q <:{ Z D D C\J01O :J lLJ 0j2...;lDO<:{z C\Jol':5i:n.::'00 o..../liI-<:{n.::'N o (\ llJ ~ 'J n.::' <<)"0 I G M.OO,v;:,v;:N ~NnNOiS,^lci 9NiNoT - -0;00011\- 8 23 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 6.4 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: Z-756, 11/02, Rezoning BRIEF SUMMARY: Request by Howard Capps for Matt Di Gioia to rezone approximately 3.80 acres of property located at 4607 Carolina Beach Road from R-15 Residential to R-10 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board recommendation 11/07/02: Howard Capps the petitioner's Landscape Architect presented the request. One nearby neighbor spoke in support of the petition. No one spoke in opposition. The property currently is accessible from an easement off Carolina Beach Road along with another access from St. Andrews Drive. Neither of these access roads are improved. Some of the Planning Board members were concerned about approving additional density on a parcel which had limited access. The petitioner explained that he owned several of the abutting parcels and he would be able to improve access in the future, when development proposals are submitted. Ultimately the Planning Board voted 4-2 to recommend APPROVAL. FUNDING SOURCE: Will above action result in: Explanation: NIA ATTACHMENTS: II Z-753 Pet Sum.doc 111 (3) Z-753 sum.doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 24 Case: Z-756, 11/02 Petition Summary Data Owner/Petitioner: Howard Capps for Mathew Di Gioia Existing Land Use: Residential/Farm Zoning History: October 15, 1969 (Masonboro) Land Classification: Developed Water Type: City Sewer Type: County Recreation Area: Myrtle Grove Park Access & Traffic V olurne: 24,000 S. College Rd. @ Monkey Jnctn. (2001 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Barnards Creek C(SW) Aquifer Recharge Area: Primary Recharge Area ConservationlHistoric/Archaeologic Resources: None Soils: Borrow Pit, Baymeade Septic Suitability: Class II (Moderate Limitations), Schools: Pine Valley Elementary 25 CASE: Z-756, 11/02; APPLICANT: Howard Capps for Mathew Di Gioia REQUEST: R-15 Residential to R-IO Residential ACREAGE: 3.80 Acres LOCATION: 4607 Carolina Beach Road LAND CLASS: Developed - The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Density may exceed 2.5 units per acre within the developed class, depending upon local zoning regulations. PLANNING BOARD RECOMMENDA nON 11/7/02: Howard Capps the petitioner's Landscape Architect presented the request. One nearby neighbor spoke in support of the petition. No one spoke in opposition. The property currently is accessible from an easement off Carolina Beach Road along with another access from St. Andrews Drive. Neither of these accesses are improved. Some of the Planning Board members were concerned about approving additional density on a parcel which had limited access. The petitioner explained that he owned several of the abutting parcels and he would be able to improve access in the future when development proposals are submitted. Ultimately the Planning Board voted 4-2 to recommend APPROVAL. STAFF SUMMARY: The applicant is requesting a rezoning from R-15 Residential to R-l 0 Residential for approximately 3.80 acres of property located at 4607 Carolina Beach Road. This part of the County was originally zoned in 1969 when much of the area was still utilized to raise livestock. Subsequently this area has become one of the more densely developed residential areas in the County. The property is within the Urban Growth Boundary and is classified as Developed by the New Hanover County Comprehensive Plan Update adopted in September 1999. Urban services are also available in the area. The R-I0 zoning classification allows 3.3 dwelling units per acre. The subject property is in close proximity to other developments that are developing at densities greater than 3.3 units per acre. The adjacent property was recently rezoned from R-15 to R-I0 and the site is in close proximity to Johnson Farm, which is being developed as a High Density project with a density of approximately 3.8 units per acre. There are several multi-family high-density projects fronting St. Andrews Drive within the City limits just to the west of the property. The R-I0 zoning classification would allow 3 additional units. Comprehensive Plan policies promote development within the urban services boundary where essential urban services exist. Density may exceed 2.5 units per acre within the Developed Land Classification. The Comprehensive plan also supports providing affordable housing opportunities throughout the County. The proposed rezoning is consistent with the Comprehensive Plan, consistent with the surrounding development, and is in close proximity to urban services, Staff Recommends Approval. 26 '" '" - b i .- ~~ ~g r ... 7 ~ "'Cl C III C Q 0 ~ ~~iI~ ~~H~ o ::t: rn ~ ~ ~ ~ ~ ~ ~i:~ ~ ;:; ~3~ ~~ c ~~:5 ~~ .f C2~~ ~@ Vol ~ffi~~CLt;)~ C\.I CL ::[S<:2:;;;~~ I::) CL ~w:zczz>- ..... c::I~ ~~~~.~~~ ::: ~ +: '::~~a8~~ a: r: Z...JU~~ ~~ tOea ~ tn ~~ ~"-Nt")"'=tLnt:O ...... ..... C. OT-c-..lM"""T\OtO . I C. ~ N a:< '" 27 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 7 Estimated Time: Page Number: Department: Engineering Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Contract Award - Contract # 03-0095 Mason Inlet Mitigation Site BRIEF SUMMARY: General Condition No. 15 of the permit issued by the Corps of Engineers for the initial dredging of Mason Inlet requires that New Hanover County implement wetland mitigation for the loss of habitat due to the project. Included within the permit documents is New Hanover County's proposal to meet this requirement. As part of this proposal, the County identified the restoration of 3.8 acres of marsh habitat. A dredge disposal island located adjacent to the AIWW west of Figure Eight Island has been targeted for restoration work. Mitigation will incorporate grading and planting activities to restore tidal flushing and marsh habitat within this area. The Board of Commissioners has previously approved the design work for this project. On November 15, 2002, New Hanover County opened bids for this work. ES&J Enterprises of Autryville, N.C. was the successful low bidder with a bid of $774,170. The low bid was $117,880 less than the engineers estimate of $892,050. The project is expected to generate approximately 85,000 cubic yards of sand which will be used to renourish the beach of Figure Eight Island. Based on the previous agreement between the County and Figure 8, the County would be reimbursed $467,500. The final cost of the mitigation island construction would be offset by this amount. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that Contract #03-0095 be awarded to ES&J Enterprises for $774,170 and authorize the Chairman to execute the contract. Staff also recommends approval of the corresponding budget amendment #2003-20 for $813,000 which represents the bid amount of $774,170 and an approximate 5% contingency of $38,830. FUNDING SOURCE: Will above action result in: Explanation: Room Occupancy Tax to be reimbursed by special assessment at a later date. ATTACHMENTS: Bid Tabulation Letter from Gahagan and Bryant Associates . ba2003-20.wpd REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. 28 COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Budget Amendment DEPARTMENT: Masons Inlet BUDGET AMENDMENT #: 2003-20 ADJUSTMENT DEBIT CREDIT Masons Inlet Transfer in from ROTS $813,000 Extended Project Expense $813,000 Room Occupancy Tax Fund Appropriate Fund Balance $813,000 Transfer to Capital Projects $813,000 EXPLANATION: To increase budget for Masons Inlet Mitigation Site-contract to ES&J plus contingency. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners 29 Gahagan & Bryant Associates, Inc. 7217 Ogden Business Lane, Unit 113 Wilmington, NC 28411 (910) 686-5884 Fax (910) 6B6-5877 gbanc@gba-inc.com OM ENGINEERS * SURVEYORS www.gba-inc.com 11/16/02 Mr. Greg Thompson New Hanover County Engineer's Office 230 Market Place Drive Suite 160 Wilmington, NC 28403 Dear Mr. Thompson, Please find enclosed a certified copy of the Bid Tabulation Sheet for the Mason Inlet Re/ocation Project, Mitigation Island Preparation and Beach Nourishment. The low bid of $774,170 received from ES&J Enterprises of Autreyville, NC has been reviewed and is deemed mathematically accurate and responsive. The low bid submitted was $117,880 less than the engineer's estimate of$892,050. It is estimated that the project will result in the placement of approximately 85,000 cubic yards of nourishment material of the southern beaches of Figure 8 Island. Based on previous cost sharing agreements between the County and Figure 8 Island, Figure 8 Island will reimburse the County at a rate of $5.50/cy. Thus, the County will be reimbursed $467,500 of the $774,170 project cost. The net cost to the County for construction will be $306,670, It is Gahagan & Bryant Associates recommendation that this bid be accepted and contract awarded at the earlie t possible date to allow completion within the specified environmental windows w rD) rn @ ~- ' unl N~~8 ZJQ2 E~,JGI N' F EI':) I ~.:-: t I' .-,,' '_: '11~1 !~ I Chris Gibson, PE Enclosures Bid Tabulation Sheet Engineer's Estimate Copies of Bid Packages ~IT _....J Baltimore, MD (410) 682.5595 Houston, TX (713) 267.2785 Los Angeles, CA (310) 521-8127 Novato, CA (415) 883-7683 Oakland, CA (510) 547-3008 Tampa, FL (813) 831.4408 Wilmington, DE (302) 652-4948 30 (J z i- I: ::J o (J ... Q) > o I: I'll :I: ~ Z - e Q) E J: III "i: ::J o C:;z '!. J: o (.) .... cu c. 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Ql 0 "C - C ~ c: z 'j W ~ ~ ..., .~ ..c:; .~ oll - l' :::J c en "5 0 .. w en :> ..: w ~ N ~ g c: - l7i2 .0 ro I C:i "g I -j gJ i c: <C I ro -.-' :;::: i.~ , .!!l (~ . .Ec 10 CD 1>.<>0 .~ r; u ell <l) Ol l;:: ro "-E ~ c3<9 31 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 8 Estimated Time: Page Number: Department: Engineering Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Mason Inlet Change Order for Year Two Monitoring for Piping Plovers BRIEF SUMMARY: General Condition Number 12 of the permit issued for the Mason Inlet Projects requires that New Hanover County maintain compliance with the biological opinion issued for this project. Included within this document is the requirement to monitor the piping plover. The County has contracted with UNCWto perform this task. The contract must bew renewed annually. The County has received a proposal for $31,813 to perform Piping Plover Monitoring for Year Two. RECOMMENDED MOTION AND REQUESTED ACTIONS: County staff request approval of the associated budget amendment in the amount of $31,813. Upon approval, a change order to Contract #02-0242 (Agreement) will be executed for this work. FUNDING SOURCE: Will above action result in: Explanation: Room Occupancy Tax Fund ATTACHMENTS: Proposal - Year Two . ba2003-21.wpd REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Budget Amendment DEPARTMENT: Masons Inlet BUDGET AMENDMENT #: 2003-21 ADJUSTMENT DEBIT CREDIT Masons Inlet Transfer in from ROTS $31,813 Extended Project Expense $31,813 Room Occupancy Tax Fund Appropriate Fund Balance $31,813 Transfer to Capital Projects $31,813 EXPLANATION: To increase budget for additional costs associated with Piping Plovers. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners 33 MASON'S INLET RELOCA nON PROJECT YEAR Two (21 Nov 2002-31 Dee 2003) PROPOSED BUDGET Overhead 34% salaries (off-campus rate) $ ] 9,746 7.\88 12.558 2.999 1,869 1.130 200 UNCW UNCW UNCW UNCW 2,154 1,059 1,095 6.7]4 Salaries Principal Investigator 0.5 time/mth @ $3,594/mlh X 2 mth Graduate Student 0.5 time/mth @, $966/mth X 13 mth Benefits Principal Investigator (26% salaries) Graduate Student (9% salaries) Supplies (batteries. sun screen. insect repellent, etc.) Equipment GPS unit Spotting scope l3inocu lars Mileage ($0.365/mi) Piping Plovers (75 mi/wk X 58 wk) Colonial waterbird/shorebirds (75 mild X 40 d) TOTAL $ 31,813 The following budget proposal covcrs expenses necessary to monitor Wrightsville Beach and Figure Eight Island for Piping Plovers, nesting shorebirds and colonial waterbirds, and sea beach amal"anthus during the second year of the Mason's Inlet Relocation Project. The following monitoring plan complies with the permit stipulations established by the U.S. Fish and Wildlife Service (USFWS), Raleigh Oftlee. in consultation with the N.C Wildlife Resources Commission (NCWRC). Briefly. both the north and south ends of both islands. including all areas altered during the relocation project, wi II be 1110n itorcd once each week for Piping Plovers during the period from 21 November 2002 to 3] Oecembcr 2003. USFWS and NCWRC will be notified each time a Piping Plover is located in the project areas and behavior. nesting activity, leg band, and GPS data will be collected for each Piping Plover encountered, During the colonial waterbird and shorebird nesting season (I April though 31 August), additional surveys will be conducted every two to three days in the same areas on all islands to monitor all nests to determine the fate of each egg laid. Sea beach amaranth us surveys will be conducted in Junc, August. and October in the same areas on all islands, Surveys for other endangered species-sea turtles and mat'ine mammals will be funded by the Figure'S' l3each Homeowners' Association. 34 (This page intentionally left blank) 35 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 9 Estimated Time: Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Allen O'Neal SUBJECT: Designation of Voting Delegate for Legislative Goals Conference BRIEF SUMMARY: The North Carolina Association of County Commissioners has requested that each Board of County Commissioners designate a commissioner or other official as a voting delegate for the Legislative Goals Conference. The Conference will be held at the Sheraton Imperial Hotel & Convention Center in Research Triangle Park, N.C. January 16-17,2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Designate a voting delegate. FUNDING SOURCE: Will above action result in: Explanation: ATTACHMENTS: Memo from NCACC REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Designate a voting delegate as requested by the NCACC. COMMISSIONERS' ACTIONS/COMMENTS: Bobby Greer designated as voting delegate. 36 Memorandum North Carolina Association of County Commissioners Mailing Address: P. O. Box 1488, Raleigh, NC 27602-1488 Street Address: Albert Coates Local Government Center, 215 N. Dawson Street, Raleigh, NC 27603 Telephone: 919-715-2893. Fax: 919-733-1065. Emai/: NCACC@NCACC,org Home Page Address: http://www.ncacc.org RETURN FORM BY JANUARY 10.2003 VOTING DELEGATE DESIGNATION FORM LEGISLATIVE GOALS CONFERENCE JANUARY 16-17,2003 NOTE: Please place this action on your board meeting agenda. Each Board of County Commissioners is hereby requested to designate a commissioner or other official as a voting delegate. Each voting delegate should complete and sign the following statement and RETURN IT TO THE ASSOCIATION NO LATER THAN JANUARY 10,2003. I, , hereby certify that I am the duly designated voting delegate for County at the North Carolina Association of County Commissioners Legislative Goals Conference at the Sheraton Imperial Hotel & Convention Center in the Research Triangle Park, North Carolina. Signed: Title: Article VI, Section of the Association's Constitution provides: "On all questions, including the election of officers, each county represented shall be entitled to one vote, which shall be the majority expression of the delegates of the county. The vote of any county commissioner who is present at the time the vote is taken, provided, ifno commissioner be present, such vote may be cast by another county official, elected or appointed, who is formally designated by the board of county commissioners. These provisions shall likewise govern district meetings of the Association. A county in good standing is defined as one which has paid the current year's dues." 37 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Regular Item #: 10 Estimated Time: Page Number: Department: Finance Presenter: Bruce T. Shell Contact: Bruce T. Shell SUBJECT: Purchase of Real Property BRIEF SUMMARY: New Hanover County staff has made an offer to purchase real property for public purpose. A proposed buy-sell agreement will be presented to the board of County Commissioners. Any obligation to purchase is contingent on the approval of the Board of County Commissioners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider buy-sell agreement. FUNDING SOURCE: Will above action result in: Explanation: Budget Amendment is attached. ATTACHMENTS: . ba03-0079.wpd REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved along with budget amendment # 03-0079. Vote was 5-0. 38 (This page intentionally left blank) 39 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS Page No. Non-Agenda Items (limit 3 minutes) ADJOURN 40 (This page intentionally left blank) 41 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval to Accept Additional Home and Community Block Grant Monies in the 43 Amount of $44,030 for the FY2003 2. Approval of Contract with BMS Architects to Provide Design Services for Airlie 57 Gardens 3. Approval of Lease Agreement Between Triton PCS Company, L.L.C. and New 59 Hanover Regional Medical Center 4. Annual Review and Approval of Public Official Bonds 61 5. Approval to Contract for Library Security 67 42 (This page intentionally left blank) 43 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Consent Item #: 1 Estimated Time: Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton SUBJECT: Approval to accept additional Home and Community Block Grant monies in the amount of $44,030 for the FY 2003. BRIEF SUMMARY: New Hanover County is eligible for $44,030 additional Home and Community Block Grant monies for the 2003 FY. The Home and Community Block Grant Advisory Committee met on November 18, 2002 and is recommending the following distribution of funds for your consideration: 1) Transportation $7,573; 2) Home Delivered Meals $9,994; 3)Congregate Nutrition $7,705; 4)Case Assisted/l&R $1,849; 5) Coastal Adult Day Care $88; 6) In Home Aide $11,758; 7) Elderhaus Adult Day Care $4,006; 8) Elderhaus Group Respite $176; 9) Elderhaus Adult Day Health $881. There is a required 10% match, $4,892, for the funds. Monies to cover the match are in the approved Department of Aging budget for FY02/03 ($3,013). Coastal Adult Day Care, DMS Services (In Home Aide Services) and Elderhaus, Inc. will each be required to cover the 10% match for funding allocated to their respective agencies. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend Commissioners approve request to accept the additional Home and Community Care Block Grant funds in the amount of $44,030, accept the allocation recommendations of the Home and Community Care Block Grant Advisory Committee and approve corresponding budget amendments. Request Commissioners approve related budget amendment. Signatures needed on the Division of Aging budget forms FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: Federal State Local 41,828 2,202 4,892 ATTACHMENTS: III BA.tmIJJT7NIfXJ Division of Aging budget forms, documentation of Home and Community Care Block Grant meeting. REVIEWED BY: 44 LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 45 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Budget Amendment DEP ARTM ENT: Ag ing/Transportation/Nutrition-Home Del ivered/N utrition -Co ng reg ate/Case Mana geme nt/I n -Home Aid/Adult Day Care BUDGET AMENDMENT #: 03-0077 ADJUSTMENT DEBIT CREDIT Aging/Transportation: CDBG-Social $7,573 Contracted Services $2,000 $5,573 Salaries and Wages Aging/Nutrition-Home Delivered: Nutrition-CDBG $9,994 Contracted Services-Meals $9,994 Ag i ng/Nutrition-Con g reg ate : Nutrition-CDBG $7,705 Contracted Services-Meals $3,705 $4,000 Salaries and Wages Aging/Case Management: CDBG-Social $1,849 Salaries and Wages $1,849 Aging/In-Home Aid: CDBG-Social $11,758 Contracted Services $11,758 Aging/Adult Day Care: 46 CDBG-Social $5,151 Contracted Services $5,151 EXPLANATION: To budget additional Federal and State Home and Community Block Grant funds received in the amount of $44,030. There is a required 10% match of $4,892. The New Hanover County portion of this match ($3,013) is already allocated in the approved Department of Aging budget for FY 02-03. Coastal Adult Day Care, DMS Services (In-Home Aid Services), and Elderhaus are required to cover the 10% match for funding allocated to their respective agencies. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners 47 48 o '2 ,; '" :=. ~ <Y) r-. <t: o o ~ ::> "0 <( ~ "0 0: ~ .E 1: '" c'; "'" u o iij ~ '" (J ~ " ::> E E o (J "0 " '" ., E o :I: >, C ::l(Y) 00 u~ ~o 0(Y) '" ~ :r: ::l 5;' ",J:: Z OIl ,::l ~2 "J:: ::l- ON Uo o N ~ ::l , " .!!: a. lID " "0 " ::> ... >> ;: ::5 o (J ""0 2- u OJ - ~ c; e I- Q.. "0 "''' I"B~ rtru o 0 0 000 ~ 0 ~ ~ i:: .---t t..O (Y) ::J NO'" ~ 0 al In N N 1""'"""1 C :!' c r-.....G'loOO Q) m L.O r---. ""0 E al en 1.0 ~~2N:riq (.'j "6- ~ ~:=: ~ 0: E "20 u-t;~~ ~U ~ :'::I:::J 11. '" 0:: 1.0 iY) r-. ~"co t!) 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'" " 2 :2 ~ v :- N E ~ ~ " " ~ " 1j If! <r: 0 OJ fj - 5i ~ 0 ~ c,;: "':l ;e ~ " z. u Z N s: ~ CJJ - :r: 0 :::::- Ji I-- f a ,: .:;: z 49 Home and Community Block Grant Committee New Hanover County Members Present: Jane Barefoot Elizabeth Grace, Bert Kring, Susie Springer. Ruth Parenteau, Melissa Richardson, Jane Jones, Annette Crumpton, Louise Siler, Holly Henderson, Christy Raley. Ruth Parenteau called the meeting to order and welcomed the members. Max Fenson has accepted a part time job and was unable to attend the meeting. Annette Crumpton informed the HCCBG Committee that New Hanover County had $44,030 additional dollars for the 2003 FY. The allocations for 2003 as recommended by the HCCBG Committee in May, were distributed for the review Melissa Richardson distributed a spreadsheet of current spending for each HCCBG recipient. At this time, all agencies expect Coastal Adult Day Carc are showing an overspent status. Bert Kring recommended the Committee calculate the percentage each agency is currently recciving and use this percentage to determine allocations for the additional dollars. Louise Siler said she agreed that this was the fairest means of allocation. Bascd on this recommendation the following amounts were presented for discussion. Proposed Transportation Home Delivered Meals Congregate Meals Case Assisted! I&R Senior Center Coastal Adult Day Carc In Home Aide Services Elderhaus Adult Day Care Elderhaus Group Respite Elderhaus Adult Day Health 6,032 9,994 7.705 1,849 1,541 88 11.758 4.006 176 ~ 44,030 Accepted Transportation Home Delivered Meals Congregate Meals Case Assisted! I&R Senior Center Coastal Adult Day Care In Home Aide Services Elderhaus Adult Day Care Elderhaus Group Respite Elderhaus Adult Day Health 7,573 9,994 7,705 1,849 o 88 11.758 4.1)06 176 ~ 44,030 Annette rcquested permission to put money recommended for Senior Center into the transportation budget. Senior Center recently received State General Purpose money, The transportation budget is in desperate need of additional funds. Betty Grace suggested that Elderhaus have flexibility to put their funds in the service of greatest need. The Committee agreed. The motion was made by Louise Siler and seconded by Betty Grace to accept Bert's proposal to base allocations of new monies on the current funding percentage. Money allocated to Senior Center would be added to the transportation allocation. The motion was carried. Jane Jones commented that while the percentage formula worked for the additional 03 funds, the Committee might want to look at funding allocation differently in the 04 FY. Monies will be very tight and the needs will be greater, Annette informed the Committee that Department of Aging would be going out for bid for In Home Aide and Nutrition services for the 04 year. The bid packets should be ready early in 2003, The Committee was thanked for their work. The meeting was adjourned. 50 County: New Hanover Date: 11118/02 SFY 2002/2003 HOME & COMMUNITY CARE BLOCK GRANT COMMITTEE WORKSHEET April 30, 2001 DECISIONS Is this a budget revision? x Yes No Federal/State Home & Community Care Block Grant Funding: Total $44,030 SFY 2003 What amount of monies should these identified services receive? Service Provider Allocation Transportation Department of Aging 7573 Home Delivered Meals Department of Aging 9994 Congregate Nutrition Department of Aging 7705 Case Assistance/I&R Department of Aging 1849 Senior Center Operations Department of Aging 0 Adult Day Care Coastal Adult Day Care 88 In-Home Aide Services OMS Services Inc. 11,758 Adult Day Care Elderhaus 4006 Group Respite Elderhaus 176 Adult Day Health Elderhaus 881 Total $44,030 bllx:k.gra 51 DOA Administrative Letter No. 02-15 To: County Manager Subject: Final A ward of SFY 02-03 Home and Community Care Block Grant (HCCBG) Funding Date: November 1,2002 Attached, please find the final allocation of SFY 02-03 Home and Community Care Block Grant (HCCBG) funds for your county. This funding represents your county's share of funding based upon 2002 intrastate funding formula data and all funding currently available through the Block Grant. This letter is provided as follow up to information that was provided to county managers in DOA Administrative Letter 02-4, which is attached. In comparison to Home and Community Care Block Grant funding available through June 30, 2002, the attached county allocation for the HCCBG takes into account an additional $1,244,373 in federal Older Americans Act funding. We are pleased that the General Assembly did not reduce SFY 02-03 state funds available for the Home and Community Care Block Grant, Federal and state funding tor the HCCBG has increased from $42,697,741 on July I sl to $44,950,287 currently. This is an increase of $2,252,546. (The initial SFY 02-03 allocation reflected the loss of $1,008,173 in state HCCBG funding through June 30, 2002.) As we have indicated to area agencies on aging, county lead agencies will use their discretion as to whether county commissioners' approval is necessary for the budgeting of this revised funding, provided that lead agencies have convened at least one planning meeting for SFY 02-03 funding. We recognize that some counties held meetings to plan HCCBG funds while others have waitcd to hold meetings until after amended funding was allocated. This guidance is consistent with discretion given to county lead agencies in previous years when additional state appropriations were provided during the fiscal year. Additional local match will be required for counties receiving additional funding. By November 12, 2002, the Division will update the Aging Resources Management System (ARMS) to accept revised HCCBG data. Please contact your area agency on aging director with any questions concerning the Home and Community Care Block Grant. Sincerely, ~z~ Karen E. Gottovi, Director Division of Aging Attachments cc: Area Agency on Aging Directors Chair, County Board of Commissioners (letter only) Co. Department of Health Directors (letter only) County Department of Social Services Directors (letter only) Local Aging Service Providers (letter only) DOA Staff 52 DOA Administrative Letter No. 02-4 To: County Manager Subject: County Aging Services Data; and County Budget Instructions Date: February 15,2002 Attached, please find the materials to be provided to the lead agency for planning and coordination of the Home and Community Care Block Grant in your county. These materials should be provided to the lead agency no later than the first week of March. The packet contains the fonowing: [, SFY 01-02 County Data Packet containing: -County service utilization data for SFY 00-01 n. Home and Community Care Block Grant (HCCBG) Instructions. Block Grant instructions are unchanged from jast year, except that emphasis is being placed on providers submitting service costs development worksheets and the current USDA supplement rate for home delivered and congregate meals is $.5975. You will be notified through your area agency on aging if the rate changes later this year. During late January, you received a letter (DOA Administrative Letter No. 02-1) which indicated that due to uncertainties regarding state budget reductions, Home and Community Care Block Grant allocations would be delayed for two (2) to three (3) weeks. At the time that this letter was prepared we still do not know if there will be any reductions in HCCBG funding for the remainder ofSFY 01-02 or for SFY 02-03. The division plans to have allocations to counties by March 15,2002. The information enclosed should give counties the opportunity to prepare for the upcoming HCCBG planning process and not be affected by the lateness of the SFY 02-()3 allocations. Please contact your area agency on aging director with any questions concerning the Home and Community Care Block Grant Sincerely, ~;? /J~ Karen E. Gottovi, Director Division of Aging KEGI ghc Attachments ce: Area Agency on Aging Directors Chair, County Board of Commissioners (letter only) Co, Department of Health Directors (letter only) County Department of Social Services Directors (letter only) Local Aging Service Providers (letter only) DOA Staff 53 HOME AND COMMUNITY CARE BLOCK GRANT SFY 02-03 REGION 0 Total Local Grand COUNTY DOA/ AAA AOC In-Home H&CCBG Match Total NEW HANOVER 725,380 24,466 21, 153 770,999 85,667 856,666 Minimum Budget Requirements Local H&CCBG Match Total Access Services 50,643 5,627 56,270 In-Home Services 42,203 4,689 46,892 Congregate Nutrition 100,149 11 , 128 111,277 Home Delivered Meals 87,065 9,674 96,739 54 HOME AND COMMUNITY CARE BLOCK GRANT SFY 02-03 REGION 0 TOTAL LOCAL GRAND COUNTY DOA/ AAA ADC IN-HOME H&CC8G MATCH TOTAL BRUNSWICK 559,581 0 28,796 588,377 65,375 653,752 COLUMBUS 471,073 0 46,456 517,529 57,503 575,032 NEW HANOVER 725,380 24,466 21,153 770,999 85,667 856,666 PENDER 328,664 0 16,804 345,468 38,385 383,853 REGION 0 2,084,698 24,466 113,209 2,222,373 246,930 2,469,303 55 NEW HANOVER COUNTY HOME & COMMUNITY BLOCK GRANT MEETING NEW HANOVER COUNTY DEPARTMENT OF AGING SIGN-IN-SHEET DATE: NAME REPRESENTING Vu~A-,- Kf1-f c.,. 56 (This page intentionally left blank) 57 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Consent Item #: 2 Estimated Time: Page Number: Department: Airlie Presenter: Thomas Herrera-Mishler Contact: Thomas Herrera-Mishler SUBJECT: Approval of Contract with BMS Architects BRIEF SUMMARY: The Airlie Gardens Foundation Board of Directors recommends the award of a contract to BMS Architects to provide design services for Airlie Gardens consistent with the adopted master plan. BMS will design the new Garden Services Building (maintenance facility), and public restrooms. These facilities are in the existing Airlie Capital Project budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve contract with BMS Architects FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: Funding for this project will come from Airlie Gardens multi-year Capital Project budget. Agency 495, Project - Airlie Gardens. The estimated cost of the design services is $47,300. Funds are in the current budget. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Commissioner Boseman nay. 58 (This page intentionally left blank) 59 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Consent Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Andy Atkinson Contact: Andy Atkinson SUBJECT: Approval of Lease Agreement Between Triton PCS Company, L.L.C. and New Hanover Regional Medical Center BRIEF SUMMARY: Triton PCS has requested to be placed on the Board of Commissioners agenda for lease approval and execution by the County. The lease agreement will be on the Hospital Board's 11/26/02 agenda. The lease is available for review in the County Commissioners and County Managers offices. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval, this is for information purposes only. FUNDING SOURCE: Will above action result in: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-2, Commissioners Boseman and Pritchett nay. 60 (This page intentionally left blank) 61 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Consent Item #: 4 Estimated Time: Page Number: Department: Legal Presenter: None Required Contact: Wanda M. Copley, County Attorney SUBJECT: Annual Review and Approval of Public Official Bonds BRIEF SUMMARY: The Board is required to routinely review public official bonds in December. The attached resolutions would approve existing bonding of the Finance Officer, Sheriff, Register of Deeds, and ABC Board members handling funds, and set the amount of the Sheriffs bond. RECOMMENDED MOTION AND REQUESTED ACTIONS: Enact Resolutions. FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: ATTACHMENTS: . . . . SheriffBond02. wpd PublicOffical-FinanceRegisterSheriff& T axBond02.wpd PublicOfficialResolution02. wpd Abcbond02. wpd REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 62 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the provisions of Section 162-8 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 2, 2002, determined that the required Sheriff's Bond shall be in the total amount of Five Thousand ($5,000.00) Dollars. ADOPTED this the 2nd day of December, 2002. NEW HANOVER COUNTY (SEAL) Chairman Board of County Commissioners ATTEST: Clerk to the Board 63 STATE OF NORTH CAROLINA NEW HANOVER COUNTY BOND APPROVAL WHEREAS, pursuant to Chapter 109 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. This the 2nd day of December, 2002. NEW HANOVER COUNTY (SEAL) Chairman Board of County Commissioners ATTEST: Clerk to the Board 64 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the requirements of Chapter 109 of the North Carolina General Statutes, the Board of Commissioners of New Hanover County, at its regular meeting on December 2,2002, approved the bonds of the Clerk of Superior Court of New Hanover County, New Hanover County Finance Officer, New Hanover County Sheriff, Register of Deeds of New Hanover County, and New Hanover County Tax Collector and FURTHER RESOLVED, the Chairman of the Board of Commissioners is hereby authorized, empowered and directed to certify said approval of such Bonds, with the exception of the Bond of the Clerk of Superior Court, which is not physically present in New Hanover County. ADOPTED this the 2nd day of December, 2002. NEW HANOVER COUNTY (SEAL) Chairman Board of County Commissioners ATTEST: Clerk to the Board 65 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLVED, that pursuant to the provisions of Section 18B-700 of the North Carolina General Statutes, the Board of Comm issioners of New Hanover County, at its regular meeting on December 2, 2002, does hereby exempt from the bond requirement of said Section 18B-700 any member of the New Hanover County ABC Board who does not handle Board funds, including but not limited to the Chairman of the New Hanover County ABC Board. ADOPTED this the 2nd day of December, 2002. NEW HANOVER COUNTY (SEAL) Chairman Board of County Commissioners ATTEST: Clerk to the Board 66 (This page intentionally left blank) 67 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/02/02 Consent Item #: 5 Estimated Time: Page Number: Department: Library Presenter: Contact: David Paynter, Pat Meh,;n SUBJECT: Security Guard - Library BRIEF SUMMARY: Last year the Sheriffs Deputy assigned to the Library was reassigned elsewhere and not replaced. With the expansion of the Library and construction of the parking deck, it has become clear that the public requires some uniformed presence. Several incidents have occurred that illustrate the need for improved security. A security company could provide security coverage during the times the Library is open for the seven months remaining in the year. The cost for seven months will be $19,836 as compared to over $27,000 to hire a deputy sheriff. RECOMMENDED MOTION AND REQUESTED ACTIONS: Place on consent agenda and approve funding for contracting security services with a private firm. FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: The Library will not be hiring a guard, but contracting with a private company to provide security services. Funds are available in the existing Library budget due to position turnover. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: Approve COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 68 69