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Agenda 2005 11-07 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G. GREER, CHAIRMAN · WILLIAM A. CASTER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER · WILLIAM A. KOPP, JR., COMMISSIONER · NANCY H. PRITCHETT, COMMISSIONER ·· DAVID F. WEAVER, INTERIM COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY SHEILA SCHULT, CLERK TO THE BOARD November 7, 2005 5:30 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of a Proclamation to Designate November 2005 Adoption 75 Awareness Month in New Hanover County 5:45 p.m. 2. Consideration of Hiring of County Manager77 79 5:50 p.m. 3. Consideration of a Pediatric Primary Care Project Grant Application 6:00 p.m. 4. Public Hearing85 and Consideration of a Resolution Related to the New Hanover County Variable Rate Hospital Revenue Refinancing Bonds for New Hanover Regional Medical Center 6:15 p.m. 5.1 Public Hearing91 Special Use Permit (postponed from October 3, 2005) - Request by Blanchard, Jenkins, et al for Cingular Wireless to consider a Special Use Permit to locate a telecommunications facility (172? monopole) in an R-15 Residential District located at 1540 Murray Farms Road (S-537, 09/05) 6:35 p.m. 5.2 Public Hearing99 Rezoning - Request by Bertram Williams to rezone approximately 102 acres of property located at 1839 Farley Drive from AR Airport Residential to AI Airport Industrial (Z-809, 09/05) 6:50 p.m. 5.3 Public Hearing105 Rezoning - Request by Turlington & Kohl to rezone two adjacent tracts of land totaling approximately 2.75 acres located at 5620 & 5658 Carolina Beach Road from R-15 Residential to B-2 Highway Business (Z-811, 10/05) 7:20 p.m. 5.4 Public Hearing109 Rezoning - Request by Patricia Williams to rezone approximately 0.70 acres of property located at 1800 Castle Hayne Road from R-15 Residential to B-1 Neighborhood Business (Z-812, 10/05) 7:30 p.m. Break 7:40 p.m. 5.5 Public Hearing113 Rezoning ? Request by Alan Gregory for P&A Properties to rezone the back portion of two tracts of land totaling approximately 1.66 acres located in the 5500 block of Castle Hayne Road from R-15 Residential to B-2 Highway Business (Z-813, 10/05) 8:00 p.m. 5.6 Public Hearing119 Rezoning ? Request by H. C. Johnson, Jr. to rezone approximately 45.8 acres of property located at 3023 Acorn Branch Road from AR Airport Residential to AI Airport Industrial (Z-814, 10/05) 8:10 p.m. 5.7 Public Hearing125 Rezoning/Conditional Use ? Request by Raley-Miller Properties, Inc. to rezone approximately 9.82 acres of property located at 6002 Carolina Beach Road from R-15 Residential to CD (B-1) Neighborhood Business (Z-816, 10/05) 8:40 p.m. 5.8 Public Hearing135 Special Use Permit ? Request by Withers & Ravenel for Monkey Junction Self Storage to consider a Special Use Permit modification expanding an existing self storage facility located at 5044 Carolina Beach Road (Z-696, 10/10) 9:10 p.m. 5.9 Public Hearing143 Special Use Permit ? Request by Cellco Partnership dba Verizon Wireless to consider a Special Use Permit to locate a telecommunications facility (130? monopole) in a B-2 Highway Business District located at 6130 Carolina Beach Road (S-542, 10/05) 9:25 p.m. 5.10 Public Hearing149 Street Naming ? Request by Gregory & Pamela Brown to consider naming an unnamed road to Serenity Point located near Channel Haven Drive North, Myrtle Grove Community (SN-97, 11/05) 9:30 p.m. 5.11 Public Hearing157 Zoning Text Amendment ? Request by Planning staff to consider amending Section 53.5-2(3) of the County?s Zoning Ordinance modifying the setback requirements in a PD Planned Development District (A-343, 10/05) 9:40 p.m. Break 9:50 p.m. 6 Presentation by Resident of Arnold Road Concerned with Drainage159 10:00 p.m. 7. Meeting of the Water and Sewer District173 10:30 p.m. 8. Non-Agenda Items (limit three minutes) 10:35 p.m. 9. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10:45 p.m. ADJOURN estimated Note: Times listed for each item are , 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 ESTIMATED ITEMS OF BUSINESS Page TIMES No. 10:00 p.m. 1. Non-Agenda Items (limit three minutes) 10:05 p.m. 2. Approval of Minutes175 10:10 p.m. 3. Consideration of Award of Contract, Municipal and Financial Services and 177 Approval of Associated Budget Amendment 06-0067 10:20 p.m. 4. Consideration of Porters Neck Center Water Line Extension ? Request for 183 District Participation 3 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes5 7 2. Approval to Fund Local N. C. Biotechnology Center Office in Wilmington 11 3. Approval of Proposed Board Meeting Calendar for 2006 4. Approval of 1) New Hanover County Board of Education FY2005-06 Budget 13 Resolution and 2) New Hanover County Schools Capital Outlay Carryover Budget Amendment 5. Approval of Additional Funds for Drug Court Staff Salary and Associated Budget 25 Amendment 06-0068 6. Approval of Bank of America Commercial Segment Deposit Account Signature 31 Card for New Hanover County Detention Facility Inmate Escrow Account 35 7. Approval of Award of Bid #06-0033 and Approval of Contract 06-0033 for the Purchase of Tables and Chairs for the Emergency Operations Center (EOC) 8. Approval of Award of Bid 06-0074 for E-911 Console System Furniture39 9. Approval of Changes in the New Hanover County Health Department Fee Policy43 10. Approval of Healthy Carolinians Funding Application49 11. Approval of FY04-05 HUD Grant Amendment and Associated Budget 51 Amendment 06-0058 53 12. Approval of Crisis Housing Assistance Fund (CHAF), CHAF #065-0-04 and Associated Budget Amendment 06-0071 Approval of Budget Amendments 13.1 06-0055 Public Safety67 13.2 06-0062 Governing Body69 13.3 06-0063 Human Services Transportation/Non-Departmental71 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the Regular Meeting on October 17, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 2Estimated Time:Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Approval to Fund Local N. C. Biotechnology Center Office in Wilmington BRIEF SUMMARY: The attached press release from the N. C. Biotechnology Center outlines the recent decision to locate a regional office in the county for the purpose of promoting biotechnology business development, such as pharmaceuticals, in southeastern North Carolina. The County has been requested to pledge $25,000/year for two years, along with pledges of similar support from the City of Wilmington and UNC-W. It should be noted that UNC-W recently received a $1.3 million marine biotechnology grant from the National Institute of General Medical Sciences. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval with first year funding to be transferred from the contingency account. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 7 8 9 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 3Estimated Time:Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Proposed Board Meeting Calendar for 2006 BRIEF SUMMARY: Proposed Board meeting calendar for 2006. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve dates for Board meetings in 2006. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Meeting Dates for 2006 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 11 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 4Estimated Time:Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin Item Does Not Require Review SUBJECT: 1)New Hanover County Board of Education FY2005-06 Budget Resolution and 2) New Hanover County Schools Capital Outlay Carryover Budget Amendment BRIEF SUMMARY: On July 12, 2005 the Board of Education approved the Schools FY2005-2006 Budget Resolution. The Schools Budget Resolution is in agreement with County FY05-06 funding for education. Please note the Board of Education budgeted $2,000,000 of the Schools Local Current Expense Fund fund balance as a revenue source in their FY05-06 Budget. On October 3, 2005 the Board of Education approved a capital outlay amendment #1 which carried over project budgets from FY04-05 to FY05-06 (copy attached). RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve New Hanover County Board of Education FY2005-2006 Budget Resolution and New Hanover County Schools Capital Outlay Amendment #1. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: 2005-2006 New Hanover County Schools Budget Resolution and New Hanover County Schools Capital Outlay Amendment #1. ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 13 14 15 16 17 18 19 20 21 22 23 This page intentionally left blank. 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 5Estimated Time:Page Number: Department: County Manager Presenter: Patricia A. Melvin, Assistant County Manager Contact: Patricia A. Melvin SUBJECT: Consideration of Approval for Additional Funds for Drug Court Staff Salary BRIEF SUMMARY: On July 11, 2005 the Board approved a request to contribute the amount of $20,000 to support the Drug Treatment Court Program. The State's budget cuts would have resulted in the elimination of the part-time case manager position, one of two staff positions in the program. The State has provided information showing the actual cost of funding the position totals $20,352. Therefore, we request approval to budget the additional $352. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of associated budget amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 06-0068.doc y's Request for Drug Cour Kell REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 25 26 27 28 29 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Budget Amendment DEPARTMENT: Non-Departmental / Courts BUDGET AMENDMENT #: 06-0068 ADJUSTMENT DEBIT CREDIT Non-Departmental: Contingency $352 Courts: Drug Court $352 EXPLANATION: To transfer funds from Contingency to budget additional funds needed for salary. ADDITIONAL INFORMATION: With the approval of this budget amendment, the amount remaining in Contingency is $199,266. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 6Estimated Time:Page Number: Department: Finance Presenter: Bruce T. Shell Contact: Bruce T. Shell SUBJECT: Bank of America Commercial Segment Deposit Account Signature Card for New Hanover County Detention Facility Inmate Escrow Account BRIEF SUMMARY: Changes in Bank of America Commercial Segment Deposit Account Signature Card for New Hanover County Detention Facility Inmate Escrow Account as follows: Adding: Stephen Arch Jones Deborah A. Carter Rhonda L. Smith Deleting: Capt. Clarence A. Hayes RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Commissioners approve the changes to the Bank of America signature card for the New Hanover County Detention Facility Inmate Escrow Account. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Bank of America Commercial Segment Deposit Account Signature Card REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 31 32 33 This page intentionally left blank. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 7Estimated Time:Page Number: Department: Finance Presenter: Contacts: Amy Akin or Max Maxwell SUBJECT: Award of Bid # 06-0033 and Approval of Contract # 06-0033 for the Purchase of Tables and Chairs for the Emergency Operations Center (EOC) BRIEF SUMMARY: As part of the EOC project, funds were designated to purchase tables and chairs for the EOC. The formal bid process was followed and three bids were received. However, the Office Showcase submitted a written request within twenty-four (24) hours of the bid opening to withdraw their bid due to an unintentional and substantial omission of a portion of the design of the tables and the request was supported by objective evidence. Therefore, the bid from Office Showcase was removed from consideration. The next lowest bid met all bid requirements which made MacThrift Office Furniture the lowest responsible bidder. Office Showcase $ 76,601.31 (removed from consideration due to bid error) MacThrift Office Furniture $103,997.17 Forms and Supply $109,541.94 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of resolution: removing the bid received from Office Showcase from consideration due to a bidding error and determining the lowest responsible bidder to be MacThrift Office Furniture; and awarding bid # 06-0033 for tables and chairs to MacThrift Office Furniture in the amount of $103,997.17; and approving contract # 06-0033; and authorizing the County Manager to execute Contract # 06-0033. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funds for this purchase are budget in 39898400-800700. ATTACHMENTS: Resolution for award: 06-0033 resolution for awa REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: 35 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 36 37 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 8Estimated Time:Page Number: Department: Public Safety Communications Center Presenter: Contacts: Amy Akin or Brenda Hewlett SUBJECT: Award of Bid # 06-0074 and Approval of Contract # 06-0074 for the Purchase of Console Systems Furniture for the E-911 Center BRIEF SUMMARY: As part of the adopted budget, funds were designated to purchase new console systems furniture for the E-911 Center to be located in the new Emergency Operations Center. The formal bid process was followed and bids were received from five companies. Wright Line - Option 1 $202,937.50 Wright Line - Option 2 $197,700.38 Evans Consoles $249,186.62 Watson Furniture Group $298,328.29 Innovant $341,879.00 Systems Manufacturing Corp. $358,843.60 Wright Line, the lowest responsible bidder, provided two options in their layout of each console. The E-911 staff has evaluated the two layouts and deems Option 1 to provide optimal efficiency to the staff. The bid is within budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of resolution: awarding bid # 06-0074 for console systems furniture for the E-911 center to Wright Line in the amount of $202,937.50; and approving contract # 06-0074; and authorizing the County Manager to execute Contract # 06-0074. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funds for this purchase are budgeted in 11030300-800200. ATTACHMENTS: Resolution for award: o 06-0074 resolution f 39 REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was removed. 40 41 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 9Estimated Time:Page Number: Department: Health Presenter: Cindy Hewett, Business Manager Contact: Cindy Hewett, Business Manager SUBJECT: Changes in the New Hanover County Health Department Fee Policy- Use of State Codes, Implementation of Lab Codes, Implementation of an Administrative Penalty Fee for Delinquent Patient Accounts, Adjusting "Proof of Income" Grace Period to 10 Business Days and Billing (Third Party Payors) for Administration of State Provided Menactra Vaccine BRIEF SUMMARY: The New Hanover County Health Department is proposing to change its current Fee Policy, in order to: Submit statistical data to the State through the use of State approved codes (referred to as Local Use (LU) Codes). Retroactive effective date 07/01/05. Implement use of Current Procedural Terminology (CPT) Codes 87081 (Culture-to be used for Family Planning visits) and 82948 (Glucose, blood reagent strip--this will replace CPT 82962) for respective laboratory services. Fees for each of these codes are set at $20.00. This reflects code changes, not cost changes. Bill third party payors (private insurance companies and Medicaid) for the administration fee of State provided Menactra vaccine for children. Fee for this service is $20.00. This is a new item. Implement ability to apply a $15.00 administrative penalty fee to delinquent patient accounts. Administrative penalty be "applied" to those delinquent accounts that are sent to NHC Legal for processing. Patient statements will be updated to reflect this change, consistent with County codes. Change Fee Policy Narrative, Section I, General Guidelines, Item F. to the following: The New Hanover County Health Department (NHCHD) will require "proof of income" to reduce charges when applying the sliding fee scale. If a patient is unable to produce this required information, they will be placed on a 100% sliding fee scale status, for a period of ten (10) business days (inserting the word "business"). Fee Policy currently states "for a period of ten (10) days". If proof of income is provided within the ten business-day period (inserting the word "business"), the patient will be billed accordingly. We anticipate approval by the Board of Health on November 2, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: To accept and approve changes to the New Hanover County Health Department Fee Policy as presented. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Private pay patients, Medicaid, private insurance companies and collections. ATTACHMENTS: REVIEWED BY: 43 LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 44 45 46 47 This page intentionally left blank. 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 10Estimated Time:Page Number: Department: Health Presenter: Scott Harrelson, Assistant Health Director Contact: Cindy Hewett, Business Manager SUBJECT: Healthy Carolinians Funding Application BRIEF SUMMARY: Our local Healthy Carolinians Task Force, Cape Fear Healthy Carolinians, has the opportunity to apply for $5,000 from the state office of Healthy Carolinians. This money can be used for various reasons outlined in the application, including staff. Our local Task Force is currently restructuring to include Brunswick County. Through strategic planning we have chosen four areas on which to concentrate. These are all high priority areas in each of the four recent community assessments. The four focus areas are: Access to Care, Obesity, Childhood Injury and Domestic Violence. The plans that we are establishing now will dictate the work of the entire task force for at least the next three years. A part- time contract coordinator will be hired to work with each subcommittee to develop goals relative to the national Healthy People 2010 objectives, complete the action plans for each of the focus areas, complete the task force certification, present it to the entire task force, and submit to the State for certification by May 2006. If funding is approved a total of $5,000 would be added to an established agreement for the department. Funds would be reimbursed by the State as the money is spent at the rate of $20/hour. This funding would include one coordinator paid via contract services for 250 hours from November 2005 through May 2006. No local match is required, nor is there a requirement to continue this work after the grant period ends. We anticipate approval by the Board of Health on November 2, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: To accept and approve our request to contract with a local professional to gain certification for the Cape Fear Healthy Carolinians and to approve any associated budget amendment if funding is awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: 49 REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 11Estimated Time:Page Number: Department: Human Relations Presenter: Contact: Carl Byrd SUBJECT: FY 04-05 HUD Grant Amendment BRIEF SUMMARY: The grant has been amended to increase funding by $6,000 for attendance to the National Fair Housing Training Academy. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of additional funds of $6,000; request authorization for Interim County Manager to sign the amendment; request approval of associated budget amendment #06-0058. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: d ba06-0058. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 51 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Budget Amendment DEPARTMENT: Human Relations-HUD BUDGET AMENDMENT #: 06-0058 ADJUSTMENT DEBIT CREDIT HUD Grant $6,000 Travel and Training $6,000 EXPLANATION: To increase budget for HUD Grant amendment to fund attendance at the Grand Opening of the National Fair Housing Training Academy. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Consent Item #: 12Estimated Time:Page Number: Department: Planning Presenter: Wanda Coston Contact: Wanda Coston SUBJECT: Crisis Housing Assistance Fund (CHAF), CHAF #065-0-04 BRIEF SUMMARY: New Hanover County has been awarded a $518,000 CHAF grant from the North Carolina Department of Crime Control and Public Safety, North Carolina Redevelopment Center for Housing Rehabilitation, Replacement Housing and Aid to Local Government as part of the Hurricane Recovery Act of 2005. To formally accept the grant award, the Chairman must sign the Grant Agreement, funding approval and authorize and certify the appropriate signatures for the Requisition for CHAF forms. Also in order to comply with the terms and conditions set forth in the grant requirements, the County must adopt an Optional Coverage Relocation Plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request County Commissioners to authorize Chairman to sign the grant agreement, funding approval, and related budget amendment. Request Chairman to authorize and certify, David Weaver, Dexter Hayes, and Wanda Coston to sign the Requisition for CHAF forms. Request County Commissioners to adopt the Optional Coverage Relocation Plan. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: North Carolina Department of Crime Control and Public Safety is the Funding Source ATTACHMENTS: - 2005 Crisis Housing Assistance Funds Grant Agreement - Optional Coverage Plan - Funding Approval Form - Signatory Form & Certification ba06-0071.d REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: 53 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 54 55 56 57 58 59 60 61 62 63 64 65 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Budget Amendment DEPARTMENT: Planning BUDGET AMENDMENT #: 06-0071 ADJUSTMENT DEBIT CREDIT Crisis Housing Asst. Grant $518,000 Relocation Assistance $518,000 EXPLANATION: To budget grant awarded from NC Dept. of Crime Control and Public Safety-Center for Housing Rehabilitation. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Budget Amendment Consent Item #: 13.1Estimated Time:Page Number: DEPARTMENT: Public Safety BUDGET AMENDMENT #: 06-0055 ADJUSTMENT DEBIT CREDIT WIRELESS 911 FUND Other Funding Sources: Appropriated Fund Balance $15,000 Wireless PS Communications: Transfer to General Fund $15,000 EMERGENCY TELEPHONE FUND Other Financing Sources: Appropriated Fund Balance $15,000 Wireline PS Communications: Transfer to General Fund $15,000 EXPLANATION: To correct funding for orthophotography project from 40% wireless 60% wireline to a 50%-50% split. This change in funding regulations went into effect July 1, 2005. ADDITIONAL INFORMATION: APPROVAL STATUS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 67 This page intentionally left blank. 68 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Budget Amendment Consent Item #: 13.2Estimated Time:Page Number: DEPARTMENT: Governing Body BUDGET AMENDMENT #: 06-0062 ADJUSTMENT DEBIT CREDIT Governing Body: Appropriated Fund Balance $1,000,000 Emergency Management: FEMA - Hurricane Ophelia $1,000,000 EXPLANATION: On October 7, 2005, U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) announced that Federal disaster aid was made available for North Carolina to supplement state and local recovery efforts in the area struck by Hurricane Ophelia. The County appropriated fund balance for the recovery efforts immediately following the storm to expedite the recovery effort. This budget amendment will replace the appropriated fund balance with the anticipated FEMA revenue. The exact cost of the recovery is not known at this time. The Commissioners will be updated on the exact amount when all recovery-related expenditures are finalized. ADDITIONAL INFORMATION: With approval of this budget amendment, the amount of fund balance in FY 05-06 is $6,070,059. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 69 This page intentionally left blank. 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Budget Amendment Consent Item #: 13.3Estimated Time:Page Number: DEPARTMENT: Human Services Transportation / Non-Departmental BUDGET AMENDMENT #: 06-0063 ADJUSTMENT DEBIT CREDIT General Government: Appropriated Fund Balance $103,922 Human Services Transportation: DOT - State Grant $138,600 Capital Outlay - Motor Vehicle $154,000 Non Departmental: Contribution-WAVE Transit $88,522 EXPLANATION: To roll over funds from FY 04-05 to FY 05-06. Grant funds are for vans and General Fund fund balance is for match for WAVE building. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 71 This page intentionally left blank. 72 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of a Proclamation to Designate November 2005 75 Adoption in New Hanover County Awareness Month 5:45 p.m. 2. Consideration of Hiring of County Manager 77 5:50 p.m. 3. Consideration of a Pediatric Primary Care Project Grant Application 79 6:00 p.m. 4. Public Hearing 85 and Consideration of a Resolution Related to the New Hanover County Variable Rate Hospital Revenue Refinancing Bonds for New Hanover Regional Medical Center 6:15 p.m. 5.1 Public Hearing 91 Special Use Permit (postponed from October 3, 2005) - Request by Blanchard, Jenkins, et al for Cingular Wireless to consider a Special Use Permit to locate a telecommunications facility (172? monopole) in an R-15 Residential District located at 1540 Murray Farms Road (S-537, 09/05) 6:35 p.m. 5.2 Public Hearing 99 Rezoning - Request by Bertram Williams to rezone approximately 102 acres of property located at 1839 Farley Drive from AR Airport Residential to AI Airport Industrial (Z-809, 09/05) 6:50 p.m. 5.3 Public Hearing 105 Rezoning - Request by Turlington & Kohl to rezone two adjacent tracts of land totaling approximately 2.75 acres located at 5620 & 5658 Carolina Beach Road from R-15 Residential to B-2 Highway Business (Z-811, 10/05) 7:20 p.m. 5.4 Public Hearing 109 Rezoning - Request by Patricia Williams to rezone approximately 0.70 acres of property located at 1800 Castle Hayne Road from R-15 Residential to B-1 Neighborhood Business (Z-812, 10/05) 7:30 p.m. Break 7:40 p.m. 5.5 Public Hearing 113 Rezoning ? Request by Alan Gregory for P&A Properties to rezone the back portion of two tracts of land totaling approximately 1.66 acres located in the 5500 block of Castle Hayne Road from R-15 Residential to B-2 Highway Business (Z-813, 10/05) 8:00 p.m. 5.6 Public Hearing 119 Rezoning ? Request by H. C. Johnson, Jr. to rezone approximately 45.8 acres of property located at 3023 Acorn Branch Road from AR Airport Residential to AI Airport Industrial (Z-814, 10/05) 73 8:10 p.m. 5.7 Public Hearing 125 Rezoning/Conditional Use ? Request by Raley-Miller Properties, Inc. to rezone approximately 9.82 acres of property located at 6002 Carolina Beach Road from R-15 Residential to CD (B-1) Neighborhood Business (Z-816, 10/05) 8:40 p.m. 5.8 Public Hearing 135 Special Use Permit ? Request by Withers & Ravenel for Monkey Junction Self Storage to consider a Special Use Permit modification expanding an existing self storage facility located at 5044 Carolina Beach Road (Z-696, 10/10) 9:10 p.m. 5.9 Public Hearing 143 Special Use Permit ? Request by Cellco Partnership dba Verizon Wireless to consider a Special Use Permit to locate a telecommunications facility (130? monopole) in a B-2 Highway Business District located at 6130 Carolina Beach Road (S-542, 10/05) 9:25 p.m. 5.10 Public Hearing 149 Street Naming ? Request by Gregory & Pamela Brown to consider naming an unnamed road to Serenity Point located near Channel Haven Drive North, Myrtle Grove Community (SN-97, 11/05) 9:30 p.m. 5.11 Public Hearing 157 Zoning Text Amendment ? Request by Planning staff to consider amending Section 53.5-2(3) of the County?s Zoning Ordinance modifying the setback requirements in a PD Planned Development District (A-343, 10/05) 9:40 p.m. Break 9:50 p.m. 6 Presentation by Resident of Arnold Road Concerned with Drainage 159 10:00 p.m. 7. Meeting of the Water and Sewer District 173 10:30 p.m. 8. Non-Agenda Items (limit three minutes) 10:35 p.m. 9. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10:45 p.m. ADJOURN estimated Note: Times listed for each item are , and if a preceding item takes less time, the Board will move forward until the agenda is completed. 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 1Estimated Time:Page Number: Department: DSS Presenter: Wanda Marino Contact: LaVaughn Nesmith SUBJECT: Proclamation - Adoption Awareness Month November 2005 BRIEF SUMMARY: The attached proclamation recognizes the needs of children available for adoption; thanks those families that are involved in adoption; and names November 2005 as Adoption Awareness Month. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Proclamation. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ProclamationNov REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Adopt proclamation. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 75 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Robert G. Greer, Chairman Contact: Robert G. Greer, Chairman SUBJECT: Hiring of County Manager BRIEF SUMMARY: The Board of Commissioners selected Bruce Shell to fill the County Manager's position. Mr. Shell will begin his duties as County Manager on November 22, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Mr. Shell as County Manager. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 77 This page intentionally left blank. 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 3Estimated Time:Page Number: Department: Health Presenter: Scott Harrelson, Assistant Health Director Contact: Cindy Hewett, Business Manager SUBJECT: Primary Care Project Grant Application BRIEF SUMMARY: The New Hanover County Health Department received notification from the Division of Medical Assistance, Carolina Access of the Lower Cape Fear, New Hanover County DSS and representatives of local pediatric groups alerting us of the need for additional primary care providers for low income and indigent children in New Hanover County. Currently in New Hanover County there are 14,167 children on Medicaid, 2,168 on NC Health Choice and approximately 4,234 with no insurance coverage. This represents a combined total of 20,569 children in this target population and the number is growing. Currently, there are no pediatricians in New Hanover County who are accepting Medicaid clients, without restrictions. We received a request for proposals from the Office of Research, Demonstrations and Rural Health to apply for funding to create new, or expand existing services provided to these uninsured and medically indigent patients including medical services. This would also address access to care, the number one priority in our strategic plan. Grant funding of $50,000 would enhance our ability to establish a much needed pediatric primary care clinic for the community. Financial projections based on the documented need, current reimbursement rates and similar programs in neighboring health departments would yield approximately $190,950 in Medicaid revenues, $36,900 in health fees and $23,600 from Health Choice revenues during the course of a year. Thus, total projected revenue is $301,450. This program would include three new positions, an LPN, a Community Health Assistant and an Administrative Support Assistant. The cost of salary/fringes for all three positions would be $127,170. Operating expenses are projected to be $109,280 for a combined total expenses of $236,450. We anticipate approval by the Board of Health on November 2, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: To accept and approve the request to submit an application to the Office of Research, Demonstrations and Rural Health for $50,000 to establish a pediatric primary care clinic for low income and indigent children, hire necessary staff, and approve any associated budget amendment if funding is awarded. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 3 Explanation: ATTACHMENTS: Pediatric Primary Care A Supporting documentation: Letter from NC DHHS, DMA 79 REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider request. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 80 81 82 83 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 4Estimated Time:Page Number: Department: Legal Presenters: Wanda M. Copley, County Attorney Bruce Shell, Finance Director Contacts: Wanda M. Copley, County Attorney Bruce Shell, Finance Director SUBJECT: Public Hearing Related to the New Hanover County Variable Rate Hospital Revenue Refinancing Bonds for New Hanover Regional Medical Center BRIEF SUMMARY: On behalf of New Hanover Regional Medical Center, the County has the opportunity to refinance New Hanover County Hospital Revenue Bonds issued in 1993 and 1996. The refinancing of the bonds is expected to generate a savings of $7.5 million through 2026. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold the Public Hearing. Consider and approve the Resolution directing the filing of an application with the Local Government Commission. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: gforNov7th2005MeetHospitalBondResolution-Nov7th NoticeofPublicHearin REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendations of Finance Director. COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing. Approved 5-0. 85 86 87 88 89 This page intentionally left blank. 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case S-537, 09/05 (postponed from October 3rd CC Mtg) Special Use Permit request to locate a telecommunications facility in an R-15 District located at 1540 Murray Farms Road BRIEF SUMMARY: Request by Blanchard, Jenkins et al for Cingular Wirelsss to consider a Special Use Permit to locate a telecommunications facility (172' monopole) in an R-15 Residential District located at 1540 Murray Farms Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 5-0 with conditions. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: S-537 Pet SumS-537 Prelim Staff F 3 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: A motion to remand to the Planning Board for further study, to come back to the Board at the second meeting in December, was approved 5-0. 91 92 93 94 95 96 97 This page intentionally left blank. 98 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-809, 09/05 Rezoning request to rezone approximately 102 acres of property located at 1839 Farley Drive from AR to AI BRIEF SUMMARY: Request by Bertram Williams to rezone approximately 102 acres of property located at 1839 Farley Drive from AR Airport Residential to AI Airport Industrial. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0. The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Staff Summary Z-8 Z-809 Pet Sum 1 map, 1 letter ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 99 100 101 102 103 This page intentionally left blank. 104 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-811, 10/05 Rezoning request to rezone two adjacent tracts of land totaling approximately 2.75 acres located at 5620 & 5658 Carolina Beach Road from R-15 to B-2 BRIEF SUMMARY: Rezoning request by Turlington & Kohl to rezone two adjacent tracts of land totaling approximately 2.75 acres located at 5620 & 5658 Carolina Beach Road, from R-15 Residential to B-2 Highway Business. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 5-1. The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: NA ATTACHMENTS: Staff Summary Z-8 Petition sum Z- 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 105 106 107 108 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.4Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-812, 10/05 Rezoning request to rezone approximately 0.70 acres of property located at 1800 Castle Hayne Road, from R-15 to B-1 BRIEF SUMMARY: Request by Patricia Williams for Gloria Madrey to rezone approximately 0.70 acres of property located at 1800 Castle Hayne Road, from R-15 Residential to B-1 Neighborhood Business. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0. The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Staff Summary Z-8 Petition sum Z- 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 109 110 111 112 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.5Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-813, 10/05 Rezoning request to rezone the back portion of two tracts of land totalling approximately 1.66 acres located in the 5500 block of Castle Hayne Road from R-15 to B-2 BRIEF SUMMARY: Request by Alan Gregory for P&A Properties to rezone the back portion of two tracts of land totaling approximately 1.66 acres located in the 5500 block of Castle Hayne Road from R-15 Residential to B-2 Highway Business. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0. The Planning Board also recommends that the adjoining property owned by Mr. William D. Hewett be included in the rezoning petition. Mr. Hewett responded in the attached letter that he does not wish to change the zoning of his property. The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: y Z-8 Petition sum Z-Staff Summar Hewett ltr, 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: A motion to approve rezoning of the two pieces of property, but not Mr. Hewlett?s property was approved 5-0. 113 114 115 116 117 This page intentionally left blank. 118 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.6Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-814, 10/05 Rezoning request to rezone approximately 45.8 acres of property located at 3023 Acorn Branch road from AR to AI BRIEF SUMMARY: Request by H.C. Johnson, Jr. to rezone approximately 45.8 acres of property located at 3023 Acorn Branch Road from AR Airport Residential to AI Airport Industrial. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0. The County Commissioners may approve or deny the petition. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Staff Summary Z-8 Petition sum Z- ILM ltr, 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 119 120 121 122 123 This page intentionally left blank. 124 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.7Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-816, 10/05 Rezoning request to rezone approximately 9.82 acres of property located at 6002 Carolina Beach Road from R-15 to CD(B-1) BRIEF SUMMARY: Rezoning request by Raley-Miller Properties, Inc. to rezone approximately 9.82 acres of property located at 6002 Carolina Beach Road from R-15 Residential to CD(B-1) Neighborhood Business. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 5-0 with conditions. -The County Commissioners may approve or deny the conditional use rezoning portion of the request. -If the zoning is approved the County Commissioners must approve or approve with conditions the accompanying special use permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: petition sum. Z-Z-816 Staff Summa copy of SU Order, 2 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The conditional use rezoning was approved 5-0. The special use permit was approved 4-1, Commissioner Pritchett opposing, with existing conditions as well as: 1) no connection with Beau Rivage, and 2) that 60 days notice is required to be given to the tenants of the mobile home park. 125 126 127 128 129 130 131 This page intentionally left blank. 132 133 This page intentionally left blank. 134 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.8Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-696, 10/10 Special Use Permit request to consider a Special Use Permit modification expanding an existing self storage facility located at 5044 Carolina Beach Road BRIEF SUMMARY: Request by Withers & Ravenel for Monkey Junction Self Storage to consider a Special Use Permit modification expanding an existing self storage facility located at 5044 Carolina Beach Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Petition sum Z-Z-696 Staff Summa Copy of SU Order, 1 map, 1 site plan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 135 136 137 138 139 140 141 142 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.9Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case S-542, 10/05 Special Use Permit request to consider a Special Use Permit to locate a telecommunications facility in a B-2 Districted located at 6130 Carolina Beach Road BRIEF SUMMARY: Request by Cellco Partnership d/b/a Verizon Wireless to consider a Special Use Permit to locate a telecommunications facility (130' monopole) in a B-2 Highway Business District located at 6130 Carolina Beach Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Board recommends approval by a vote of 5-0. The County Commissioners may approve, approve with conditions, or deny the Special Use Permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Petition sum S-S-542 Prelim Staff F 2 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 143 144 145 146 147 This page intentionally left blank. 148 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.10Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case SN-97, 11/05 Street Naming request to consider naming an unnamed road to Serenity Point BRIEF SUMMARY: Request by Gregory & Pamela Brown to consider naming an unnamed road to Serenity Point located near Channel Haven Drive, North Myrtle Grove Community. RECOMMENDED MOTION AND REQUESTED ACTIONS: County Commissioners may approve or deny. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Application, 2 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 149 150 151 152 153 154 155 156 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 5.11Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case A-343, 10/05 Zoning Text Amendment to consider amending Section 53.5-2(3) of the County's Zoning Ordinance modifying the setback requirements in a PD BRIEF SUMMARY: Request by the Planning staff to consider amending Section 53.5-2(3) of the County's Zoning Ordinance modifying the setback requirements in a PD Planned Development District. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 5-0. The County Commissioners may approve, modify or deny the text amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Zoning Text Amendme ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 157 158 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Regular Item #: 6Estimated Time:Page Number: Department: County Manager Presenter: Shari Mongold Contact: Dave Weaver SUBJECT: Presentation by Resident of Arnold Road Concerned with Drainage BRIEF SUMMARY: Ms. Shari Mongold, 714 Arnold Road, requested the opportunity to present drainage concerns of herself and other residents of Arnold Road. She appeared as a non-agenda item at the Board's October 17 meeting. She and her neighbor have also been served by the County with a Notice of Violation to correct a clogged or broken drainage pipe between their lots that has caused flooding on Arnold Road. This violation is due to section 23-342 (attachment 1) of the County drainage ordinance that requires property owners to maintain drainageways on their property. This section has been used for past drainage maintenance projects. The two residents appealed the Notice of Violation and the hearing was continued to December 1 to allow them time to work out an alternate funding approach. Attached is her note requesting to be on the agenda and a package prepared by her of NCDOT guidelines and regulations (attachment 2). It appears that the purpose of the package is to demonstrate her belief that NCDOT should repair the clogged/broken pipe and/or the County Board can petition NCDOT to perform the work. It should be noted that NCDOT, to date, has not chosen to participate despite numerous contacts. Ms. Mongold may also request the Board, with the support of Arnold Road residents, to develop an assessment of all the Arnold Road residents who would benefit from correction of the drainage problem. This request would be based on sections 23-401 to 23-405 of the County ordinance (attachment 1). This section has not been used by the County in the past due to such reasons as the complexity of the engineering studies to determine benefitting property owners. In addition, this section is meant for regional projects which generally would infer a larger area than this section of Arnold Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board hear the presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: 159 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. It is important to note that if the Board takes no action and if Ms. Mongold can find no other means to correct the problem, then staff will complete the hearing December 1 and likely require that the work be completed at her and her neighbor's expense, as has traditionally been done in other cases. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. Directed staff to stay on top of the situation and the outcome of NCDOT activity . 160 161 162 163 This page intentionally left blank. 164 165 166 167 168 169 170 171 172 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 10:00 p.m. 1. Non-Agenda Items (limit three minutes) 10:05 p.m. 2. Approval of Minutes 175 10:10 p.m. 3. Consideration of Award of Contract, Municipal and Financial Services and 177 Approval of Associated Budget Amendment 06-0067 10:20 p.m. 4. Consideration of Porters Neck Center Water Line Extension ? Request for 183 District Participation 173 This page intentionally left blank. 174 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Water & Sewer Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water & Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Water & Sewer District Meeting on October 17, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: The item was pulled. 175 This page intentionally left blank. 176 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Water & Sewer Item #: 3Estimated Time:Page Number: Department: Water & Sewer District Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Award of Contract Municipal and Financial Services BRIEF SUMMARY: The New Hanover County Board of Commissioners instructed staff to seek professional services for the evaluation of the County's Engineering/Water and Sewer Department. On Thursday, October 13, staff along with Chairman Caster and Commissioner Kopp held an interview with Municipal Finance Services, an Annapolis, Maryland firm, who had submitted a proposal to perform the requested evaluation of Operational Structure and Operational Policies and Procedures. In accordance with the proposal, the final report will be completed 16 weeks after project initiation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on the Submitted Qualification and the interview results, staff recommends that Municipal and Financial Services be awarded a contract in the amount of $39,900 in accordance with the submitted proposal. Staff also requests approval of the associated budget amendment in the amount of $43,890. This amount, $43,890, includes a 10% contingency. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: Water and Sewer District Fund ATTACHMENTS: 06-0067.doc Submitted Qualifications REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 177 178 179 180 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Budget Amendment Consent Item #:Estimated Time:Page Number: DEPARTMENT: Water & Sewer BUDGET AMENDMENT #: 06-0067 ADJUSTMENT DEBIT CREDIT Water & Sewer Finance: Appropriated Fund Balance (W&S) $43,890 Water & Sewer Administration: Contracted Services $43,890 EXPLANATION: To budget funds for contract with Municipal and Financial Services for evaluation of the Engineering/Water and Sewer Department. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 181 This page intentionally left blank. 182 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Water & Sewer Item #: 4Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Porters Neck Center Water Line Extension - Request for District Participation BRIEF SUMMARY: The developer of Porters Neck Center is extending the District's water system to supply water to a private water system serving this commercial tract. The developer only needs an 8-inch waterline, but he is extending a 10-inch waterline for the convenience of the District. The developer obtained multiple bids for 8-inch and 10-inch waterlines in the public and private portions of the system. The low bid was East Coast Contracting and the difference in cost to upsize the line to 10-inch diameter on the District's portion of the waterline extension is $1,600. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Commissioners agree to County participation and authorize the expenditure of $1600.00 FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer District Fund ATTACHMENTS: Total Cost Increase for District's Portion of Water Line East Coast Contracting Bid Map REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 183 184 185 This page intentionally left blank. 186 187 This page intentionally left blank. 188 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/07/05 Additional Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Contact: Robert G. Greer Item Does Not Require Review SUBJECT: Consideration of a Proclamation to Recognize November 14-18, 2005 as National Hunger and Homelessness Awareness Week BRIEF SUMMARY: Lori Goodell is the Regional Development Officer for the Wilmington Branch of the Food Bank of Central and Eastern North Carolina which serves New Hanover, Brunswick, Pender and Columbus Counties. She requests support from the New Hanover County Board of Commissioners to participate in recognizing and proclaiming November 14-18, 2005 National Hunger and Homelessness Awareness Week. She would like a Commissioner to be present and provide a proclamation at a press conference on November 16, 2005 at 10:00 a.m. at the Wilmington Warehouse located at 1314 Marstellar Street in Wilmington. There will be representation from the four county territory. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: n NHHW Proclamatio ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider proclamation. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 189 190