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Agenda 2005 09-19 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 September 19, 2005 9:00 a.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9:10 a.m. 1. Presentation of New Hanover County Service Awards55 9:20 a.m. 2. Recognition of New Employees57 9:25 a.m. 3. Consideration of a Proclamation to Recognize October 1, 2005 as 59 New Hanover County Big Sweep Day 9:30 a.m. 4. 61 Consideration of a Proclamation to Designate October 2005 Domestic Violence in New Hanover County Awareness Month 9:35 a.m. 5. Consideration of a Proclamation to Designate September 2005 Ready North 63 Carolina Month 65 9:40 a.m. 6. Consideration of Requests from the Port, Waterway & Beach Commission 67 9:50 a.m. 7. Consideration of Approval to Proceed with Design of Building and Solicitation of Bids for Construction for a Crime Scene Investigation Building and Associated Budget Amendment 2006-08 10:05 a.m. 8. Consideration of Approval of an Interlocal Agreement for the Public Safety 71 Training Center 10:20 a.m. 9. Consideration of Construction of Additional Classroom Space at Cape Fear 83 Community College 85 10:30 a.m. 10. Consideration of a Contract for Winter Park Volunteer Fire Department 10:40 a.m. 11. Consideration of a Resolution for Consolidation of District and City Water and 97 Sewer Utilities Into an Authority 10:55 a.m. Break 101 11:05 a.m. 12. Committee Appointments 11:20 a.m. 13. Meeting of the Water and Sewer District181 11:40 a.m. 14. Non-Agenda Items Additional Items: 11:45 a.m. 15. Consideration of Resolution to Support Safety Improvements to Dow Road by 189 1. NCDOT 2.Approval of Budget Amendment 06-0041, Governing Body/Emergency 195 Management 3.Consideration of Resolution of Support for the Head of the Cape Fear Regatta197 4.Consideration of Federal and State Assistance199 Hurricane Ophelia Designation of Applicant?s Agent County Manager County Commissioners Clerk to the Board County Attorney 12:00 p.m. 16. Lunch Break 12:30 p.m. 17. Closed Session Pursuant to G. S. 143-318.11(a)(6) to Consider Employment of 179 a Public Officer or Employee 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. 11:20 a.m. 1. Non-Agenda Items (limit three minutes) 11:25 a.m. 2. Approval of Minutes183 11:30 a.m. 3. Consideration of Exemption from Commercial Impact Fees for Elementis 185 Chromium 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes7 2. Approval of Award of Contract #06-0081 to SCS Engineers, New Hanover 9 County Landfill CQA Services for the Construction of Cell 6C and Partial Closure of Cells 3B through 5 3. Approval of Changes in the New Hanover County Health Department Fee Policy ?13 Collections Process 15 4. Approval of New Hanover County Board of Health No Smoking Policy 5. Approval of a Request to Submit a Grant Application and Local Governmental 21 Resolution to the North Carolina Governor?s Highway Safety Program for the 2006 Law Enforcement Liaison Reimbursement Grant 6. Approval of Grant Award from the Office of Justice Programs for the Purchase of 23 Bulletproof Vests and Associated Budget Amendment 06-0029 7. Approval to Submit a Revised Grant Application and Local Governmental 27 Resolution to the Governor?s Highway Safety Program 8. Approval to Budget Additional Funds Received by the Sheriff?s Office and 33 Associated Budget Amendments 2006-06 and 2006-07 9. Approval of Refund of Property Taxes37 10. Approval of New Hanover County and New Hanover County Fire District 41 Collection Reports 11. Approval of Release of Tax Value45 Approval of Budget Amendments 12.1 06-0031 Elections47 49 12.2 06-0035 Health 12.3 06-0036 Various51 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 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: Approval of minutes from the Regular Meeting and Closed Session Meetings on September 6, 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. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 2Estimated Time:Page Number: Department: Environmental Management Presenter: Ray Church Contact: Ray Church SUBJECT: Award of Contract #06-0081 to SCS Engineers, New Hanover County Landfill CQA Services for the Construction of Cell 6C and Partial Closure of Cells 3B through 5 BRIEF SUMMARY: North Carolina Solid Waste Management Rules require certification from a licensed engineer that landfill cell construction and closure projects are done in accordance with the Department of Environment and Natural Resources approved Construction Quality Assurance (CQA) plan. The firm of SCS Engineers has provided a Scope of Services that includes all aspects of the CQA plan from the Pre-Construction meeting through Field Inspections Services during construction to the CQA Final Report. The cost for these services is $300,000.00. That includes a full-time CQA manager on-site through the duration of the project. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the award of Contract #06-0081 to SCS Engineers for Construction Quality Assurance services as provided in the Scope of Services in an amount of $300,000.00. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funds for these contracted services were approved in a Project Ordinance approved by the Board of Commissioners on September 6, 2005. ATTACHMENTS: q RESOLUTION.cell6cc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 10 11 This page intentionally left blank. 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 3Estimated Time:Page Number: Department: Health Presenter: Cindy Hewett, Business Manager Contact: Cindy Hewett, Business Manager SUBJECT: Changes in the New Hanover County Board of Health Fee Policy- Collections Process BRIEF SUMMARY: The New Hanover County Board of Health is proposing to change its current Fee Policy, in order to submit all eligible outstanding debt on patient accounts to the New Hanover County Legal Office for possible collection, Small Claims Court, or North Carolina Local Government Debt-Setoff Program. RECOMMENDED MOTION AND REQUESTED ACTIONS: 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: Process will be handled with existing resources at the New Hanover County Health Department and the New Hanover County Legal Office. Revenue generated through this process will be posted as recognized revenue to the New Hanover County Health Department Budget in the Fiscal Year in which it was received. Respective patient accounts will be updated to reflect any payment activity resulting from this collection process. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved5-0. 13 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 4Estimated Time:Page Number: Department: Health Presenter: Scott Harrelson, Assistant Health Director Contact: Cindy Hewett, Business Manager SUBJECT: New Hanover County Board of Health No Smoking Policy BRIEF SUMMARY: The New Hanover County Board of Health (NHC BOH) No Smoking Policy has been requested to be revised to include new legislation per NC General Statute 143-599, which permits local health departments to enact a 50' (linear) smoke-free perimeter around health department facilities. This policy will prohibit smoking by New Hanover County Health Department (NHCHD) staff and clientele within 50 linear-feet of the NHCHD facility. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the revision as presented to the NHC BOH No Smoking Policy, enacting a 50 linear-foot smoke free perimeter. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: (1) Proposed "No Smoking Policy", (2) Current "No Smoking Policy" revised 02/05 and (3) MC GS 143-599, ratified June 27, 2005. REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 15 16 17 18 19 This page intentionally left blank. 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 5Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Request to Submit Grant Application and Local Governmental Resolution to the North Carolina Governor's Highway Safety Program for the 2006 Law Enforcement Liaison Reimbursement Grant BRIEF SUMMARY: In return for participating in the NC Governor's Highway Safety program's regional plan, the Sheriff's Office is eligible to apply for the 2006 Law Enforcement Liaison Reimbursement Grant for equipment and travel funds. The Sheriff's Office will assist in gathering statistics and coordinate the initiatives of the "Booze It and Lose It" and "Click It or Ticket" campaigns for Region 2. To review progress, the Region 2 Coordinator (Sheriff's Office Sergeant) will conduct meetings involving all Region 2 counties and attend at least two regional checkpoints in each quarter of the grant cycle. The local governmental resolution authorizes a grant application in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $10,000, with no local match requirement. The grant funds would be allocated for $5,000 in equipment (hand held radar units) and $5,000 in travel funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval for the Sheriff's Office to submit a grant application and local governmental resolution to the Governor's Highway Safety Program for the 2006 Law Enforcement Liaison Reimbursement Grant. Additionally, recommend approval of associated budget amendment if grant is awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: $10,000 federal funds (no local match required) ATTACHMENTS: Local Governmental Resolution A copy of the grant application is available in the County Manager's Office for review. 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. 21 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 6Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Grant Award from the Office of Justice Programs for Purchase of Bulletproof Vests BRIEF SUMMARY: The Sheriff's Office has been awarded a grant in the amount of $17,381.63 from the Office of Justice Programs for purchase of bulletproof vests. This is a 50-50 grant with a local match of $17,381.63. The Sheriff is requesting that General Fund Contingency funds be used for the local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the grant; authorization for the County Manager to sign the grant document; and approval of associated budget amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Federal $17,381.63 County $17,381.63 local match requested from GF Contingency funds. ATTACHMENTS: ba06-0029.doc Award Sheet REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 23 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Budget Amendment DEPARTMENT: Sheriff / Non-Departmental BUDGET AMENDMENT #: 06-0029 ADJUSTMENT DEBIT CREDIT Uniform Patrol: US DOJ - Bulletproof Vests $17,382 Uniforms - Purchase $34,764 Non- Departmental: Contingencies $17,382 EXPLANATION: To budget grant award in the amount of $17,382 from the Office of Justice for purchase of bulletproof vests. A 50/50 local match is required ($17,382) and will be transferred from Contingency. Total cost of vests will be $34,764. ADDITIONAL INFORMATION: With approval of this transfer, the remaining balance in contingencies will be $262,618. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 24 25 This page intentionally left blank. 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 7Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Request to Submit a Revised Grant Application and Local Governmental Resolution to the Governor's Highway Safety Program (GHSP) BRIEF SUMMARY: On February 21, 2005, the Board of Commissioners authorized a request from the Sheriff's Office to submit a grant application to GHSP for a 2005-2006 Safe Roads grant in the amount of $86,934 (federal $62,453 and $24,481 local match for equipment). Agenda minutes are attached for reference purposes. The grant application was approved by GHSP for consideration with the following exceptions: revise the grant to include personnel costs (salary and fringes) for two deputy positions to increase aggressive traffic enforcement by Sheriff's Office Patrol Division and revise the equipment request. The revised grant request includes $108,376 (salary/fringes) for two deputy positions (100% federal funds). The revised equipment request of $90,600 includes: two traffic enforcement vehicles (equipped) at a cost of $60,000; 2 dual radar units, $5,000; 4 Alco-Sensor units, $1,600; 1 speed monitor trailer, $12,000; and 2 in-car video systems, $12,000. The local match requirement is $25,650 on equipment. As in the original request to the Board of Commissioners, the Sheriff is requesting that General Fund Contingency funds be used for the local match requirement. If the grant is awarded, the Governor's Highway Safety Program requires that the project period be at least three years. The Sheriff is in agreement with this requirement. The formula for the local match of personnel funds is as follows: first year, 0%; second year, 25%; third year, 50%; fourth year 100%. The personnel and equipment funds would be used to increase traffic enforcement in problem traffic areas coinciding with peak traffic time and days of the week and in conjunction with roadblocks and check points throughout New Hanover County. The peak traffic times are when most incidents of "road rage" or aggressive driving are being reported. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval for the Sheriff's Office to submit a revised grant application and local governmental resolution to the Governor's Highway Safety Program. If the grant is awarded, recommend approval of the grant and associated budget amendment. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 2 - Deputies Explanation: $173,326 federal funds and $25,650 County (local match requested from GF Contingency funds) total project of $198,976. ATTACHMENTS: Minutes of the 2/21/05 Agenda Item Notification Letter from GHSP: Revised Local Governmental Resolution Note: A copy of the revised grant application (GHSP Highway Safety Project Contract) is available for review in the County 27 Manager's Office. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 28 29 30 31 This page intentionally left blank. 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 8Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sheriff Causey Contact: Sheriff Causey SUBJECT: To Budget Additional Funds Received by the Sheriff's Office BRIEF SUMMARY: Attached Budget Amendments for the Sheriff's Office: 2006-06 - Controlled Substance Tax 2006-07 - Federally Forfeited Property RECOMMENDED MOTION AND REQUESTED ACTIONS: To approve the attached Budget Amendments. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 2006-06.d2006-07.d REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 33 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Budget Amendment DEPARTMENT: Sheriff BUDGET AMENDMENT #: 2006-06 ADJUSTMENT DEBIT CREDIT Controlled Substance Tax: Controlled Substance Tax $2,777 Interest on Investments $515 Capital Project Expense $3,292 EXPLANATION: To budget additional funds received on 8/24/05 and 2005 interest. ADDITIONAL INFORMATION: Controlled Substance tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Budget Amendment DEPARTMENT: Sheriff BUDGET AMENDMENT #: 2006-07 ADJUSTMENT DEBIT CREDIT Federal Forfeited Property: Federally Forfeited Property $159,762 Interest on Investments $1,307 Capital Project Expense $161,069 EXPLANATION: To budget additional funds received on 8/17 and 8/31, 2005 and interest for 2005. Of the $159,762 receipts, $94,700 was used to pay-in-full the Sheriff's pledge of $150,000 toward the cost of the Sheriff's Office new Administration Building adjacent to the Detention Facility. ADDITIONAL INFORMATION: Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 35 This page intentionally left blank. 36 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 9Estimated Time:Page Number: Department: TAX Presenter: Bob Glasgow Contact: Bob Glasgow SUBJECT: Refund of Property Taxes for R05508-002-016-000 Legal: (.92 AC. PT BELLAMY) BRIEF SUMMARY: On October 27, 1989 a warranty deed was recorded transferring property from Mr. George Harriss to Campus Walk Associates. The Tax Department incorrectly included an adjacent parcel owned by Mr. Harriss when the transfer was worked in 1989. That parcel was not described in the deed, but was a part of an adjacent tract of land owned by Mr. Harriss which he believed he had sold to Campus Edge in 1985. Research of the online deeds recorded with the New Hanover County Register of Deeds from 1955 thru 2006 were unsuccessful in locating any transfer of the parcel to either Campus Edge or Campus Walk from Mr. Harriss. The Tax Department incorrectly transferred the property to Campus Walk in 1989. Mr. Harriss has indicated that he was under the impression he had sold the entire parcel, which included the parcel incorrectly identified to be owned by Campus Walk. Mr. Harriss is having his closing attorney research their records. Campus Walk Associates paid taxes on the parcel from the October 1989 closing date thru tax year 2004. The taxes paid total $17,100.79. The principal owner of Campus Walk Associates, Mr. K. Neal Hunt, has submitted a written request that the taxes paid on the parcel be refunded since he was not the legal owner. Mr. Hunt would like to have interest included but will accept a refund of the $17,100.79 paid since 1989. Although North Carolina General Statutes do not specifically make provision for refunding more than five years of taxes, in February 2005, the Board of County Commissioners did approve a refund of taxes, without interest, from 1973 - 2004 (Freeman $3,555.37 applied to delinquent taxes). RECOMMENDED MOTION AND REQUESTED ACTIONS: Because of the Freeman precedent, staff recommends that the Commissioners refund the amount of $17,100.79, without interest. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: 05 Campus Walk Apts. Refund Workshe05 Campus Walk Refund Request REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: 37 Recommend approval of refund without interest. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 38 39 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 10Estimated Time:Page Number: Department: TAX Presenter: None Required Contact: Patricia Raynor Item Does Not Require Review SUBJECT: New Hanover County and New Hanover County Fire District Collection Reports BRIEF SUMMARY: Collection reports as of August 31, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of these reports FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: NHCColrptAUG05.NHCAUG05.t ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 41 42 43 This page intentionally left blank. 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Consent Item #: 11Estimated Time:Page Number: Department: TAX Presenter: None Required Contact: Robert Glasgow Item Does Not Require Review SUBJECT: Release of Value BRIEF SUMMARY: Request the following taxpayers be granted the Senior Citizen/Disability Exclusion (applications and letters explaining late filing are available upon request) Bennett, Michael David $32,055 Benton, Lois K. Trustee 26,765 Bridgers, Roger Lane 28,331 Butler, Lillian R. 41,221 Dail, Helen L. Life Estate 63,135 Difede, Josephine 52,263 Garrett, Harriett A. 30,774 Harris, Alice E. 56,957 Hayes, Helen Reaves 34,653 Johnson, Norman D. 27,231 Riley, George Sr. 40,387 Sandlin, Dorothy J. 56,594 Snow, Lula Life Estate 41,839 Walters, Joan M. 57,525 RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW 45 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Budget Amendment Consent Item #: 12.1Estimated Time:Page Number: DEPARTMENT: Elections BUDGET AMENDMENT #: 06-0031 ADJUSTMENT DEBIT CREDIT Elections: Help America Vote Act Grant $2,800 Supplies $2,800 EXPLANATION: To budget additional Help America Vote Act grant funds. ADDITIONAL INFORMATION: Funds will be used to purchase fax machine, shredder, typewriter and two barcode scanners to scan voter registration cards. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 47 This page intentionally left blank. 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Budget Amendment Consent Item #: 12.2Estimated Time:Page Number: DEPARTMENT: Health BUDGET AMENDMENT #: 06-0035 ADJUSTMENT DEBIT CREDIT Care Coordination: Title XIX Fees Maximization $15,932 Supplies $15,932 EXPLANATION: To budget Medicaid Cost Settlement Funds to fund vaccines, medical supplies, contraceptives, consulting services, software, computers and imaging services in the Health Department. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 49 This page intentionally left blank. 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Budget Amendment Consent Item #: 12.3Estimated Time:Page Number: DEPARTMENT: Various BUDGET AMENDMENT #: 06-0036 ADJUSTMENT DEBIT CREDIT Airlie Gardens Beach Access Grant $64,267 Contract Services $64,267 Jobs Access JARC Grant-DOT $62,478 Contribution from DSS $47,052 Contribution from NHTS-ROAP $15,426 Contract Services $124,956 Museum-Grassroots Science Grassroots Science Grant $198,398 Administrative Reserve $198,398 Elections HAVA List Maintenance Grant $3,341 Contract Services $1,424 Postage $1,917 DMC Project DMC Grant-GCC $75,824 Salaries and Wages $7,809 FICA $617 Retirement $1,457 Medical Insurance $1,690 Disability Insurance $16 Contract Services $48,180 Telephone $144 Travel and Training $5,572 Supplies $10,339 51 EXPLANATION: To rollover unexpended grant funds from FY 04-05 to FY 05-06. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 52 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9:10 a.m. 1. Presentation of New Hanover County Service Awards 55 9:20 a.m. 2. Recognition of New Employees 57 9:25 a.m. 3. Consideration of a Proclamation to Recognize October 1, 2005 as 59 New Hanover County Big Sweep Day 9:30 a.m. 4. 61 Consideration of a Proclamation to Designate October 2005 Domestic Violence in New Hanover County Awareness Month 9:35 a.m. 5. Consideration of a Proclamation to Designate September 2005 63 Ready North Carolina Month 9:40 a.m. 6. Consideration of Requests from the Port, Waterway & Beach Commission 65 9:50 a.m. 7. Consideration of Approval to Proceed with Design of Building and Solicitation 67 of Bids for Construction for a Crime Scene Investigation Building and Associated Budget Amendment 2006-08 10:05 a.m. 8. Consideration of Approval of an Interlocal Agreement for the Public Safety 71 Training Center 10:20 a.m. 9. Consideration of Construction of Additional Classroom Space at Cape Fear 83 Community College 10:30 a.m. 10. Consideration of a Contract for Winter Park Volunteer Fire Department 85 10:40 a.m. 11. Consideration of a Resolution for Consolidation of District and City Water and 97 Sewer Utilities Into an Authority 10:55 a.m. Break 11:05 a.m. 12. Committee Appointments 101 11:20 a.m. 13. Meeting of the Water and Sewer District 181 11:40 a.m. 14. Non-Agenda Items 11:45 a.m. 15. Additional Items: County Manager County Commissioners Clerk to the Board County Attorney 12:00 p.m. 16. Lunch Break 12:30 p.m. 17. Closed Session Pursuant to G. S. 143-318.11(a)(6) to Consider Employment of 179 a Public Officer or Employee ADJOURN 53 This page intentionally left blank. 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 1Estimated Time:Page Number: Department: Human Resources Presenter: Dave Weaver Contact: Rosetta Bryant Item Does Not Require Review SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The following employees are eligible for New Hanover County Service Recognition: FIVE (5) YEAR: Tiffany R. Allen - Risk Mgmt./Finance; Anne S. Brown - Risk Mgmt./Finance; Amy M. Everett - Tax Dept.; Jim O. Hardin - Tax Dept.; William M. Walsh - Sheriff's Office; Ernest B. Long - Sheriff's Office; Christopher B. Smith - Sheriff's Office; Robert V. Gentry - Sheriff's Office; Shawn P. Newton - Sheriff's Office; David C. Sinclair - Airlie Gardens; Gayle E. Bordeaux - Health Dept.; Laura L. West - Health Dept.; Alice H. Moore - Social Services; Mary B. Rubright - Social Services; Heather J. Hall - Library; Paige M. Owens - Library TEN (10) YEAR: Charles A. Chapman - Sheriff's Office; Jonathan B. Graham - Inspections; Michael D. Hill - Inspections; Steven B. Shoaf - Inspections; Darrell L. Hankins - Envir. Mgmt.; Cynthia M. Grindstaff - Social Services FIFTEEN (15) YEAR: Chris O'Keefe - Planning Dept.; Mary B. Strickland - Social Services TWENTY (20) YEAR: Claretha P. Chadwick - Property Mgmt.; Gloria J. Bowden - Social Services TWENTY-FIVE (25) YEAR: Andre R. Mallette - Human Resources Dept.; Denise R. Lewis - Tax Dept.; Marie O. Spencer - Library RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present awards. COMMISSIONERS' ACTIONS/COMMENTS: Presented awards. 55 This page intentionally left blank. 56 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 2Estimated Time:Page Number: Department: Human Resources Presenter: David Weaver Contact: Marlene Carney Item Does Not Require Review SUBJECT: Recognition of New Employees BRIEF SUMMARY: A list of new employees will be made available at the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize new employees. COMMISSIONERS' ACTIONS/COMMENTS: Recognized new employees. 57 This page intentionally left blank. 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 3Estimated Time:Page Number: Department: Environmental Management Presenter: Jennifer O'Keefe Contact: Jennifer O'Keefe Item Does Not Require Review SUBJECT: Proclamation to Recognize October 1, 2005 as New Hanover County Big Sweep Day BRIEF SUMMARY: Each year hundreds of volunteers sweep the beaches and waterways of New Hanover County to remove litter and debris to improve water quality and promote environmental awareness of the impacts of littering. The 2005 Big Sweep is scheduled for October 1, 2005 and is being coordinated through Keep America Beautiful within the Department of Environmental Management. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests the Board of Commissioners adopt the attached proclamation to recognize October 1, 2005 as New Hanover County Big Sweep 2005 Day. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Big SweepResoluti ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 59 60 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 4Estimated Time:Page Number: Department: County Manager Presenter: Angel Funk Contact: Dave Weaver Item Does Not Require Review SUBJECT: Consideration of Proclamation to Designate October 2005 Domestic Violence Awareness Month in New Hanover County BRIEF SUMMARY: October is National Domestic Violence Awareness Month. Angel Funk, Advocate/Outreach Coordinator with Domestic Violence Shelter and Services, Inc. requests that the Board consider adoption of the attached proclamation to address the importance of working to end domestic violence and proclaim October 2005 Domestic Violence Awareness Month in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider the proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: l domesticviolencereso ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 61 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 5Estimated Time:Page Number: Department: Emergency Management Presenter: Warren Lee Contact: Warren Lee SUBJECT: September 2005 Ready North Carolina Month BRIEF SUMMARY: Governor Mike Easley has declared September 2005 as Ready North Carolina Month to remind citizens, businesses, and schools to be prepared for any possible disasters, natural or man-made. The Board of Commissioners is encouraged to take part in this observance by urging local residents to assemble their emergency supply kit and review their emergency plans so that they may be self-sufficient if a disaster occurs. RECOMMENDED MOTION AND REQUESTED ACTIONS: Proclaim September 2005 as Ready North Carolina Month. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: o READY NC MONTH.d REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 63 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 6Estimated Time:Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Consider Requests from the Port, Waterway, and Beach Commission BRIEF SUMMARY: Rick Catlin with the Port, Waterway, and Beach Commission will present two requests from the Commission: The Town of Wrightsville Beach wishes to hire Marlowe and Associates to work with the Federal government to change certain beach nourishment funding requirements in order to allow more flexibility in funding. The Town of Kure Beach is seeking funding for an emergency vehicle ramp. Mr. Catlin has stated that the Commission feels both items could be funded from the beach nourishment portion of the Room Occupancy Tax. He will provide more information on these items at the September 15 staff meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends consideration of approval of the request. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Beach Nourishment portion of the Room Occupancy Tax ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved both requests 5-0. 65 This page intentionally left blank. 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 7Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sheriff Causey, Capt. Hines, Sgt. Karp Contact: Bruce Shell, Max Maxwell SUBJECT: Crime Scene Investigation Building BRIEF SUMMARY: The Board of County Commissioners sold the downtown Law Enforcement Center (LEC) to First Baptist Church on February 21, 2005. The sale will close by the end of September. The Civil Division moved to the first floor of the Judicial Building. The Sheriff's Administration staff moved to the new Detention Center. The State Magistrate's Office moved to the Judicial Building as well as opening an office in the Detention Center. Emergency Management and 911 operations will be moving in February to their new facility located at the New Hanover County Government Center. The remaining staff at the LEC consists of the Crime Scene Investigation Unit (CSI) as well as two state employees who will be accommodated elsewhere. CSI investigates crime scenes that include inventory of evidence that requires space, security, and in some cases, refrigeration. The unit also conducts ballistic analysis and other extraordinary measures that are incompatible in a traditional business setting. County staff has reviewed alternative locations for the CSI operation that include existing County buildings, as well as the construction of a new building at the Detention Center. The construction of a new building at the Detention Center is the Sheriff's preferred approach, when considering operational security and efficiencies gained by this measure. The cost of the building, estimated at $617,750, would be designed with capability for future expansion. Funding is provided via the Sheriff's pledge of $200,000 of drug seizure funds as well as $417,750 of remaining Detention Center funds. Upon approval, a design of the building would be completed in October with bids presented to the Commissioners at the November 7, 2005 agenda. Construction should be completed by July 2006. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize staff to move forward with design of building and solicitation of bids for construction. Approve attached budget amendment to capital project. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: It is not anticipated that there will be significant additional operating expenses. ATTACHMENTS: d ba2006-08. REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: 67 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend consideration of Sheriff's request. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Davis opposing. 68 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Budget Amendment DEPARTMENT: Sheriff CSI Building/Federal Forfeited Property BUDGET AMENDMENT #: 2006-08 ADJUSTMENT DEBIT CREDIT Federal Forfeited Property Fund Federal Forfeited Property $200,000 Transfer to CSI Building $200,000 Sheriff CSI Building Transfer from Fed. Forfeited Prop $200,000 Capital Project Expense $200,000 EXPLANATION: To establish budget for Sheriff's CSI Building. Transferring $417,750 of remaining funds from the Jail Capital Project. The Sheriff has pledged an additional $200,000 of Federal Forfeited Property funds; therefore, no appropriation from the General Fund is required. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Davis opposing. 69 This page intentionally left blank. 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 8Estimated Time:Page Number: Department: Fire Services Presenter: Dr. Eric McKeithan- President CFCC Contact: Donnie Hall, David Weaver, Bruce Shell SUBJECT: Approval of Interlocal Agreement for Public Safety Training Center BRIEF SUMMARY: On March 14, 2005 the County Commissioners approved a jointly funded Public Safety Training Facility with the City of Wilmington and Cape Fear Community College. Since its approval, representatives from each agency have established an Interlocal Agreement that addresses the management and operation of the center. The agreement includes the appointment of two representatives from County staff to serve on the Public Safety Training Center's Advisory Board. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the approval of the Interlocal Agreement for the Public Safety Training Facility. Staff recommends that the appointments be the County Manager (David Weaver) and the New Hanover County Fire Chief (Donnie Hall). FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: The impact to the FSD Budget is estimated to be no more than $30,000. The advisory committee will have to be careful when setting the fees to try to keep a positive cash flow. The best case comparison is Gaston Community College, which operates within its revenues. The net impact on the CFCC General Fund funding request is not anticipated to be significant. ATTACHMENTS: FINAL INTERLOCAL AGMT - SEPT REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved interlocal agreement 5-0. Approved appointments of County Manager (Dave Weaver) and the New Hanover County Fire Chief (Donnie Hall) 5-0. 71 72 73 74 75 76 77 78 79 80 81 This page intentionally left blank. 82 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 9Estimated Time:Page Number: Department: County Manager Presenter: Eric McKeithan Contact: Bruce Shell SUBJECT: Cape Fear Community College - Construction of Additional Classroom Space BRIEF SUMMARY: As part of a recent exchange of property between Cape Fear Community College and the City of Wilmington, the college is required to replace parking and classroom facilities. The college has acquired $11 million in state funding to construct a parking structure as well as a building for cosmetology. Among other needs, the college needs to expand its culinary arts program. The college has explored the possibility of adding two additional stories to a planned three story building that will house its cosmetology program. This additional cost is projected at $2.5 million. Cape Fear is asking the County for this funding support. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation and consider request. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Pritchett opposing. 83 This page intentionally left blank. 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 10Estimated Time:Page Number: Department: Fire Services Presenter: Donnie Hall Contact: Donnie Hall SUBJECT: Consideration of Contract for Winter Park Volunteer Fire Department BRIEF SUMMARY: On October 1, 2005 the Winter Park Volunteer Fire Department will conclude its five-year annexation contract with the City of Wilmington. The New Hanover County Fire Commission and the Department of Fire Services recommend that the County proceed with the attached contract for fire protection services. The contract specifies that the Winter Park Fire Department will be granted a two-year contract for services, with substantial investments in equipment being made by Winter Park Volunteer Fire Department to the Fire Services District, and further service contribution if a Murrayville Fire Station is established. At the end of the two-year contract, Winter Park will transfer title equipment. The existing FY06 Budget has funding appropriated for this contract. Winter Park has agreed to this contract. The value of the equipment equals approximately $700,000, significantly more than the $240,000 2-year value of the contract. The Fire Services Commission has approved this effort. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the recommended contract for Fire Services. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: (06)0076 FireContract REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 85 86 87 88 89 90 91 92 93 94 95 96 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 11Estimated Time:Page Number: Department: County Manager Presenter: Chairman Greer Contact: Dave Weaver SUBJECT: Consideration of a Resolution for Consolidation of District and City Water and Sewer Utilities Into an Authority BRIEF SUMMARY: A committee, composed of Chairman Greer, District Chairman Caster, Mayor Broadhurst and Councilman Quinn, unanimously recommend that the attached resolution be adopted to direct staff to develop the means of implementation for consolidating District and City water and sewer utilities into an authority. A final plan shall be presented and a public hearing shall be held by July 1, 2006. The committee will continue to work with staff to prepare the implementation documents. The City Council will consider this resolution September 20, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board adopt this resolution. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: W&S Resolution09080 REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 97 98 99 This page intentionally left blank. 100 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 12Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards: Criminal Justice Partnership Advisory Board Juvenile Crime Prevention Council New Hanover Regional Medical Center Board of Trustees RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Committee Information Sheets and Applications ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Make appointments. COMMISSIONERS' ACTIONS/COMMENTS: Criminal Justice Partnership Advisory Board John A. Ranalli was reappointed in the At-Large category Sonja D. Robinson was reappointed in the Mental Health Consultant category 101 Juvenile Crime Prevention Council Andrew Jones was appointed in the Student category Harold B. King was appointed in the At-Large category Jane McDonald was appointed in the Substance Abuse Counselor category Sonja D. Robinson was reappointed in the Faith Community category Barry E. Williams was reappointed in the At-Large category New Hanover Regional Medical Center Board of Trustees Reappointments: Lawrence S. Clark, John D. Fuller, David B. Sims, James E. Vann Appointment: Ronald J. Isyk 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Regular Item #: 17Estimated Time:Page Number: Department: Governing Body Presenter: Robert G. Greer Contact: Dave Weaver Item Does Not Require Review SUBJECT: Closed Session to Conduct Telephone Interviews for County Manager BRIEF SUMMARY: The Board should go into a closed session pursuant to G.S. 143-318.11(a)(6) to consider employment of a public officer or employee. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend closed session. COMMISSIONERS' ACTIONS/COMMENTS: Conducted closed session. 179 This page intentionally left blank. 180 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. 11:20 a.m. 1. Non-Agenda Items (limit three minutes) 11:25 a.m. 2. Approval of Minutes 183 11:30 a.m. 3. Consideration of Exemption from Commercial Impact Fees for Elementis 185 Chromium 181 This page intentionally left blank. 182 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 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 and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the September 6, 2005 meeting of the Water and Sewer District. 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. 183 This page intentionally left blank. 184 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Water & Sewer Item #: 3Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Exemption from Commercial Impact Fees Elementis Chromium BRIEF SUMMARY: In accordance with the New Hanover County Ordinance under Sewer System, an industrial business can be exempt from impact fees if they have a National Pollutant Discharge Elimination System (NPDES) permit, and maintain a wastewater facility with capacity sufficient to cover the average daily wastewater flow. Another example of this situation would be General Electric. Their impact fees are exempt under this ordinance. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that this particular situation be exempt with exception if the County extends the County sewer system to this parcel of land by the County sewer use plan, that they be required to connect to the sewer system. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funding involved ATTACHMENTS: Copy of Elementis Chromium NPDES Permit and copy of the monthly report REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 185 186 187 188 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Additional Item #: 1Estimated Time:Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Resolution to Support Safety Improvements to Dow Road by NCDOT BRIEF SUMMARY: Senator Boseman requests that the Board of Commissioners adopt a resolution of support, as drafted, in support of a Dow Road project. Senator Boseman, along with the Town of Kure Beach, has requested NCDOT through Lanny Wilson to partially straighten the sharp curve on Dow Road at the southern end of the road, as shown in the attached maps. The attached letters incidate that a combination of NCDOT and NC Senate discretionary funds will be used. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: d DOW ROAD RESOLUTION. REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Adopt resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 189 190 191 192 193 194 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Budget Amendment Additional Item #: 2Estimated Time:Page Number: DEPARTMENT: Governing Body/Emergency Management BUDGET AMENDMENT #: 06-0041 ADJUSTMENT DEBIT CREDIT Appropriated Fund Balance: Appropriated Fund Balance $920,000 Emergency Management: Hurricane Ophelia: Contracted Services $800,000 Salaries and Wages $111,472 Social Security Taxes $8,528 EXPLANATION: To setup an account for Hurricane Ophelia clean-up efforts. At this time fund balance is being appropriated to fund clean-up expenditures. Hopefully, another source of funding will be approved for these expenses. The amount budgeted is a very preliminary estimate. As clean-up efforts continue you will be updated on the progress and asked to approve any change in funding. ADDITIONAL INFORMATION: With the approval of the budget amendment $8,070,059 of fund balance will be appropriated in FY 05-06. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 195 196 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Additional Item #: 3Estimated Time:Page Number: Department: County Manager Presenter: David Butts, Chairman, Head of the Cape Fear Regatta Contact: Dave Weaver SUBJECT: Resolution of Support for the Head of the Cape Fear Regatta BRIEF SUMMARY: The Head of the Cape Fear Regatta is a rowing race scheduled for October 15, 2005. They request your support of the attached resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider resolution. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: gatta Resoluti Re REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 197 198 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 09/19/05 Additional Item #: 4Estimated Time:Page Number: Department: Finance Presenter: Contact: Bruce Shell SUBJECT: Application of Federal and State Assistance-Hurricane Ophelia Designation of Applicant's Agent BRIEF SUMMARY: FEMA requires the submission of the "Application of Federal Assistance" and the "State-Applicant Disaster Assistance Agreement" forms to begin the reimbursement process for Hurricane Ophelia. They also require a resolution designating the Applicant's Agent. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval to apply for funding. Request authorization for the Emergency Management Director to sign as the authorized representative on the Application for Federal Assistance. Request authorization for the Emergency Management Director to sign the State Assistance Agreement. Request resolution designating Emergency Management Director, Warren Lee, as the primary Applicant's Agent and Dottie Spruill, Grants Manager as the secondary agent. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 199