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Agenda 2005 07-11 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 ·· ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY SHEILA SCHULT, CLERK TO THE BOARD July 11, 2005 2:00 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 2:15 p.m. 1. Administration of Oath of Office for a Governor?s Crime Commission Juvenile 33 Justice Planning Committee Member 2:20 p.m. 2. Consideration of Request to Fund Part-time Position for Drug Treatment Court35 2:30 p.m. 3. Consideration of Options to Temporarily Limit Large-Scale Commercial 37 Development on Market Street 2:45 p.m. 4.1 Public Hearing39 Rezoning ? Request by Withers & Ravenel for Waverly Investments, Inc. to rezone approximately 0.88 acres of property located at 8015 Market Street, west side from R-15 Residential to O&I Office and Institutional (Z-797, 06/05) 3:00 p.m. 4.2 Public Hearing43 Rezoning ? Request by Samm, Inc. for Mattocks et al to rezone approximately 16.81 acres of property located between the 8600 and 8700 blocks of Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and rezone approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business (Z-799, 06/05) 3:40 p.m. Break 3:50 p.m. 4.3 Public Hearing49 Special Use Permit ? Request by Ron Sparks for Hope Child Care & Development Center to consider a Special Use permit to locate a daycare facility in an R-15 Residential District located at 4905 South College Road (former Chesterbrook Academy) (S-531, 06/05) 4:20 p.m. 4.4 Public Hearing59 Special Use Permit ? Request by Dave Hewett to consider a Special Use Permit to locate a single wide mobile home in an RA Rural Agricultural District located at lot 21Castle Farms Road (S-532, 07/05) 4:30 p.m. 5. Public Hearing65 Consideration of Applications for Grants from the North Carolina Department of Environment and Natural Resources to Provide Pedestrian Access to Public Beaches and Public Trust Waters and Associated Resolutions 4:45 p.m. 6. Consideration of Official Name for County Offices at the Former Market Place 75 Mall 77 4:55 p.m. 7. Consideration of Additional Positions for the Health Department and Approval of Associated Budget Amendment 06-0001 5:05 p.m. 8. First Reading83 Graffiti Ordinance 89 5:15 p.m. 9. Consideration of Adoption of the $123 Million 2005 School Bond Project Ordinance and Approval of Associated Budget Amendment 2006-01 and New Hanover County Schools Capital Outlay Budget Amendment #6 5:25 p.m. 10. Appointment of a Voting Delegate to the NCACC Annual Conference99 5:30 p.m. 11. Committee Appointments101 5:40 p.m. Dinner Break 6:10 p.m. 12. Meeting of the Water and Sewer District127 6:50 p.m. 13. Non-Agenda Items 7:00 p.m. 14. Additional Items County Commissioners Clerk to the Board County Attorney County Manager 7:10 p.m. 15. Closed Session as Required by North Carolina General Statute Section G.S. 143- 318.11(a)(6) to Consider a Personnel Matter 7:30 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. 6:10 p.m. 1. Non-Agenda Items (limit three minutes) 6:20 p.m. 2. Approval of Minutes129 6:25 p.m. 3. Consideration of Financing for Blossom Ferry Water System131 6:40 p.m. 4. Consideration of Award of Contract 05-0285 for Middle Sound Sewer 137 Extension and Approval of Associated Budget Amendment 2006-02 3 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes7 9 2. Approval of Adoption of SR Resolutions Requesting the State to Add Murray Farms Road and Bridle Court in Murray Farms Subdivision and Juvenile Center Road to the State Road System 3. Approval of Changes in the New Hanover County Health Department Fee Policy ? 13 Fee Changes 4. Approval of Changes in the New Hanover County Health Department Fee Policy ?17 Menactra Vaccine 5. Approval of Museum Deaccessions19 6. Approval of Request to Accept a 2005 Grant Award of $10,700 from the 25 Homeland Security Grant Program for Equipment and Associated Budget Amendment 06-0002 7. Approval of Budget Amendment 2005-58, Hanby Beach Sewer Capital Project29 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 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 on June 20, 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: Recommend approval. 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: 07/11/05 Consent Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: NCDOT Item Does Not Require Review SUBJECT: Adoption of SR Resolutions Requesting the State to Add Murray Farms Road and Bridle Court in Murray Farms Subdivision (Div. File No.: 1059-N) and Juvenile Center Road (Div. File No.: 1067-N) to the State Road System BRIEF SUMMARY: NCDOT has reviewed the petitions and is considering the road additions. District Engineer Cumbo has requested that the Board concur with the recommendation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Standard SR-2 Resolutions in support of the road additions. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: NCDOT letters ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 10 11 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 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 Health Department Fee Policy- Fee Changes BRIEF SUMMARY: The New Hanover County Health Department is proposing to change its current Fee Policy to accommodate recent changes in Medicaid Reimbursement rates and a change in Laboratory procedures. 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: Please see attachment for specifics. The New Hanover County Health Department is requesting approval to change its fee policy based on recent changes in Medicaid Reimbursement rates for services provided within our Clinic and Home Visiting Programs. Additionally, approval is requested for changes occurring in our Laboratory processing procedures. Previously, several laboratory procedures were processed internally,but with the need to replace expensive, costly equipment, it was determined that it will be more cost effective to send these procedures to a reference lab for processing. It is estimated the fee changes will increase projected revenue by $25,000. ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 13 14 15 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Consent Item #: 4Estimated 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- Menactra Vaccine BRIEF SUMMARY: The New Hanover County Health Department is proposing to change its current Fee Policy, so that Medicaid may be billed for the Menactra (meningococcal) vaccine (private stock vaccine). 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: New Position(s) Number of Positions: Explanation: Currently, the New Hanover County Health Department fee policy states: (Section I, General Guidelines, Item J) Payment in full is required at the time of service for vaccines not supplied by the State, with the exception of flu and pneumonia vaccines provided to Medicaid and Medicare Part B recipients. Insurance companies will not be billed for these vaccines except for Blue Cross Blue Shield due to Cost Wise reimbursement (Cost Wise requires us to bill for vaccines). Patients will be provided a receipt for billing their insurance company. Proposed Change: Payment in full is required at the time of service for vaccines not supplied by the State, with the exception of flu and pneumonia vaccines provided to Medicaid and Medicare Part B recipients, as well as Menactra vaccine provided to Medicaid recipients. Insurance companies will not be billed for these vaccines except for Blue Cross Blue Shield due to Cost Wise reimbursement (Cost Wise requires us to bill for vaccines). Patients will be provided a receipt for billing their insurance company. ATTACHMENTS: None 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. 17 This page intentionally left blank. 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Consent Item #: 5Estimated Time:Page Number: Department: Museum Presenter: Ruth Haas, Museum Staff Director and Don Fishero, Museum Advisory Board Chair Contact: Ruth Haas SUBJECT: Museum Deaccessions BRIEF SUMMARY: Following the completion of the 100% audit of the Museum collection in 2002, the Museum in cooperation with the Museum Advisory Board has been diligent about culling from the collection items that have no relevant provenance, are in very poor condition, or are duplicates of better artifacts. This process is a recommended step in effective collections management since it focuses limited resources on preserving those objects that are most suitable for supporting the mission of the institution. The items listed have all been reviewed and recommended for deaccession by the Curator, Director, Collections Committee, and Museum Advisory Board. Recommendations for subsequent use are also provided according to the approval process. In some instances, if the original donor can be contacted, the item is offered for return. Many of the items on the list are identified for transfer to the Demonstration Collection where they can be used in educational programs or for hands-on exhibits. Some items may have historical value, but they are of little value to support our mission. These may be listed on a Museum List sponsored by the American Association of Museums or we may contact a specific museum that might benefit from the donation of the artifact. Museums who contact us about taking such an object into their collection agree to pay the cost of shipping the object. Objects sent to auction are sent to a reputable dealer and income from sales is restricted to artifact acquisition or care. When no reuse can be identified, the object is destroyed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Move to accept the recommendations of the Museum Advisory Board to deaccession the attached list of items from the Museum's Permanent Collection. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: 5 0416 Deaccession 19 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. 20 21 22 23 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Consent Item #: 6Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey. Sheriff SUBJECT: Request to Accept a 2005 Grant Award of $10,700 from the Homeland Security Grant Program for Equipment BRIEF SUMMARY: The Sheriff's Office pre-application for the above grant has been selected by the Homeland Security Grant Review Committee to receive funding under the Homeland Security Grant Program for four heavy duty dive suits specifically designed to be used in contaminated water conditions. The $10,700 grant award will enable the Sheriff's Office to meet priority personal protective equipment needs as identified through the risk assessment conducted with New Hanover County Emergency Management. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval to accept the grant. Designate the County Manager as the authorizing official to sign the grant and Memorandum of Agreement. Additionally, recommend approval of the associated budget amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Total cost of the grant project is $10,700 (100% federal funds). There is no local match requirement. Grant funds will be used to purchase (4) Viking heavy duty dive suits/$2,675 each. ATTACHMENTS: BA06-0002.d Grant Award Notification REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 25 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Budget Amendment DEPARTMENT: Sheriff BUDGET AMENDMENT #: 06-0002 ADJUSTMENT DEBIT CREDIT Administration: Dept. of Homeland Security $10,700 Detectives: Safety Equipment $10,700 EXPLANATION: To increase budget for Project Homeland Security Equipment 2005 grant award from the Governor's Crime Commission/DHS Homeland Security Grant Program. ADDITIONAL INFORMATION: Total cost of the grant project is $10,700 (100% federal funds). There is no local match requirement. Grant funds will be used to purchase (4) Viking heavy duty dive suits/$2,675 each. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 This page intentionally left blank. 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Budget Amendment Consent Item #: 7Estimated Time:Page Number: DEPARTMENT: Hanby Beach Sewer Capital Project BUDGET AMENDMENT #: 2005-58 ADJUSTMENT DEBIT CREDIT Sales Tax Refund $49,566 Contributions from Carolina Beach $23,553 Capital Project Expense $248,808 Transfer to Water/Sewer $321,927 EXPLANATION: For accounting purposes only--To close Fund 880--Hanby Beach Sewer ADDITIONAL INFORMATION: APPROVAL STATUS: For Budget Officer's approval; then report to Board Of Commissioners at next regular meeting COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 29 This page intentionally left blank. 30 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 2:15 p.m. 1. Administration of Oath of Office for a Governor?s Crime Commission Juvenile 33 Justice Planning Committee Member 2:20 p.m. 2. Consideration of Request to Fund Part-time Position for Drug Treatment Court 35 2:30 p.m. 3. Consideration of Options to Temporarily Limit Large-Scale Commercial 37 Development on Market Street 2:45 p.m. 4.1 Public Hearing 39 Rezoning ? Request by Withers & Ravenel for Waverly Investments, Inc. to rezone approximately 0.88 acres of property located at 8015 Market Street, west side from R-15 Residential to O&I Office and Institutional (Z-797, 06/05) 3:00 p.m. 4.2 Public Hearing 43 Rezoning ? Request by Samm, Inc. for Mattocks et al to rezone approximately 16.81 acres of property located between the 8600 and 8700 blocks of Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and rezone approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business (Z-799, 06/05) 3:40 p.m. Break 3:50 p.m. 4.3 Public Hearing 49 Special Use Permit ? Request by Ron Sparks for Hope Child Care & Development Center to consider a Special Use permit to locate a daycare facility in an R-15 Residential District located at 4905 South College Road (former Chesterbrook Academy) (S-531, 06/05) 4:20 p.m. 4.4 Public Hearing 59 Special Use Permit ? Request by Dave Hewett to consider a Special Use Permit to locate a single wide mobile home in an RA Rural Agricultural District located at lot 21Castle Farms Road (S-532, 07/05) 4:30 p.m. 5. Public Hearing 65 Consideration of Applications for Grants from the North Carolina Department of Environment and Natural Resources to Provide Pedestrian Access to Public Beaches and Public Trust Waters and Associated Resolutions 4:45 p.m. 6. Consideration of Official Name for County Offices at the Former Market Place 75 Mall 4:55 p.m. 7. Consideration of Additional Positions for the Health Department and Approval 77 of Associated Budget Amendment 06-0001 5:05 p.m. 8. First Reading 83 Graffiti Ordinance 31 5:15 p.m. 9. Consideration of Adoption of the $123 Million 2005 School Bond Project 89 Ordinance and Approval of Associated Budget Amendment 2006-01 and New Hanover County Schools Capital Outlay Budget Amendment #6 5:25 p.m. 10. Appointment of a Voting Delegate to the NCACC Annual Conference 99 5:30 p.m. 11. Committee Appointments 101 5:40 p.m. Dinner Break 6:10 p.m. 12. Meeting of the Water and Sewer District 127 6:50 p.m. 13. Non-Agenda Items 7:00 p.m. 14. Additional Items County Commissioners Clerk to the Board County Attorney County Manager 7:10 p.m. 15. Closed Session as Required by North Carolina General Statute Section G.S. 143- 318.11(a)(6) to Consider a Personnel Matter 7:30 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. 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 1Estimated Time:Page Number: Department: Juvenile Day Treatment Center Presenter: Contact: John A. Ranalli SUBJECT: Oath of Office by Chairman Greer for a Governor's Crime Commission Juvenile Justice Planning Committee Member BRIEF SUMMARY: James W. Pierce, with Kids Making It, instructs our youth in a woodworking class. Because of his extraordinary work in the community and as a Juvenile Day Treatment Center faculty member over the last three years, he has been appointed to membership on the Governor's Crime Commission Juvenile Justice Planning Committee. This committee establishes annually goals and objectives and decides on funding of programs for at-risk youth. This position requires the appointee to be sworn in by a local government official. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request that Commissioner Greer deliver the oath of office to swear Jimmy Pierce in as a member of the Juvenile Justice Planning Committee of the Governor's Crime Commission. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend Chairman Greer deliver the oath of office to Jimmy Pierce. It is an honor for New Hanover County to have a member of the Governor's Crime Commission Juvenile Justice Planning Committee. Jimmy has been a major force in the success of the County's Juvenile Day Treatment Center. COMMISSIONERS' ACTIONS/COMMENTS: Chairman Greer administered the oath of office to Jimmy Pierce. 33 This page intentionally left blank. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 2Estimated Time:Page Number: Department: County Manager Presenter: Judge James Faison Contact: Patricia A. Melvin, Assistant County Manager SUBJECT: Consideration of Request to Fund Part-time Position for Drug Treatment Court BRIEF SUMMARY: As a result of proposed cuts in the State's budget for FY 2005-06, the New Hanover County Drug Treatment Court will lose funding for a part-time case manager position. If this happens the Court will only be able to provide services to 35 clients instead of the annual goal of 60 persons. The work performed by the Drug Treatment Court program reduces the jail population. A drug conviction nets a sentence of not less than one year. It is estimated that this program saves the County thousands of dollars per year in inmate housing costs. These costs will increase substantially without the part-time case manager who supplements the work of a full-time program coordinator. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request that the Board of County Commissioners consider approval of funds to cover the salary of the part-time case manager. The estimated cost for FY 2005-06 is $20,000. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 1 Explanation: ATTACHMENTS: Letter of Request REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. I realize it's early in the fiscal year for requests for new positions and budget amendments, however, the County's Drug Treatment Court is a proven program with a success rate that is fairly significant, especially considering the recidivism rate. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 35 36 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 3Estimated Time:Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Consideration of Options to Temporarily Limit Large-Scale Commercial Development on Market Street BRIEF SUMMARY: Market Street (U.S. 17) in the unincorporated part of the County has seen an increasing amount of traffic in recent years with resulting delays and hazards to vehicular traffic. Large-scale commercial development with direct access to Market Street contributes significantly to these problems, not only by generating vehicular trips during peak hours but also by intensifying hazards in concentrated areas with traffic accessing Market Street. In addition to the traffic impacts, large-scale commercial development is also perceived by some as having an aesthetically displeasing "big box" look and as having impacts on smaller, local established businesses, resulting in disruption to established land-use patterns. Although the construction of the Northern Outer Loop, which is projected for completion by July 2006, will help significantly to alleviate the traffic problems, it is perceived that action should be taken now. The County Commissioners can address these impacts through several options: 1) The Commissioners could request the Planning Board develop regulations requiring Special Use Permits for all commercial projects generating more than 100 vehicle trips per peak hour in the segment of Market Street stretching from the City limits to the Pender County line. Given the growing traffic problem on nearly all major County thoroughfares, the Commissioners may wish to extend the Special Use Permit requirement to all such commercial development, regardless of location. 2) The Commissioners could impose a moratorium on all such large-scale commercial development accessing Market Street until the Northern Outer Loop is complete. 3) The Commissioners could combine the first two options, imposing a moratorium until Special Use Permit regulations are in place or until the Northern Outer Loop is constructed. It should be noted that NCDOT has taken two initiatives affecting this area: 1) An Access Management Plan for Market Street, endorsed by the Commissioners last year at their July 12, 2004 meeting, is focusing on the access needs of frontage properties along Market Street and the anticipated land use changes that are likely to occur with the completion of the I-140 interchange at Porter's Neck. This study is nearing completion and a public workshop will be held in the near future. 2) Access Management Improvements, which is a NCDOT project that is included in the current TIP (project # U-4902), is funded with $9,400,000 for access improvements for Market Street running from Porter's Neck to Colonial Avenue in the City. Unfortunately, that project is not scheduled for completion until 2010. The Commissioners may wish to support the project by resolution for a more timely completion. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider options as noted above, and adopt a resolution to support the above Access Management Improvements project with a request for a more timely completion date. 37 FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funding is involved ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider options and direct staff. COMMISSIONERS' ACTIONS/COMMENTS: Motion was approved 5-0 for New Hanover County to partner with NCDOT to integrate land use and transportation. 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 4.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-797, 06/05 Rezoning request to rezone approximately 0.88 acres of property located at 8015 Market Street, west side from R-15 Residential to O&I Office and Institutional BRIEF SUMMARY: Request by Withers & Ravenel for Waverly Investments, Inc. to rezone approximately 0.88 acres of property located at 8015 Market Street, west side from R-15 Residential to O&I Office and Institutional. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommended approval with a 5-0 vote. The Planning Board also recommended extending the existing B-2 Highway Business District located just northeast of the rezoning request to the property boundary. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: 1 map Z-797 Staff SummaZ-797 Petition Summ ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 39 40 41 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 4.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-799, 06/05 Rezoning request to rezone approximately 16.81 acres of property between 8600 & 8700 blocks of Market Street from R-15 Residential to B-1 Neighborhood Business and approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business BRIEF SUMMARY: Request by Samm, Inc. for Mattocks et al to rezone approximately 16.81 acres of property located between the 8600 & 8700 blocks of Market Street, east side, from R-15 Residential to B-1 Neighborhood Business and rezone approximately 9.22 acres of property from R-15 Residential/B-1 Neighborhood Business to B-2 Highway Business. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommended approval of the request with modifications by a vote of 4-1. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-799 Staff SummaZ-799 Petition Summ , 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Continued until another date at request of petitioner. 43 44 45 46 47 This page intentionally left blank. 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 4.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case S-531, 06/05 Request for Special Use Permit to locate a daycare facility in an R-15 Residential District at 4905 South College Road (former Chesterbrook Academy) BRIEF SUMMARY: Request by Ron Sparks for Hope Child Care & Development Center to consider a Special Use Permit to locate a daycare facility in an R-15 Residential District located at 4905 South College Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommended approval of the request with modifications by a vote of 5-0. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: y StaffS-531 Petition Summ S-531 Preliminar , 1 map, site plan, Greenbriar petition ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: A motion to approve the request with certain stipulations passed 5-0. The stipulations include: 1) the back access will only be for emergency or special event use, it will not be open every day, and not open before 6 a.m. or after 6 p.m. 2) the number of students is limited to 100 or less 3) lighting will not be obtrusive to outside area 49 50 51 52 53 54 55 56 57 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 4.4Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case S-532, 07/05 Special Use Permit to locate a single wide mobile home in an RA Rural Agricultural District at 21 Castle Farms Road BRIEF SUMMARY: Request by Dave Hewett to consider a Special Use Permit to locate a single wide mobile home in an RA Rural Agricultural District located at 21 Castle Farms Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: m S-532 Staff FindS-532 Petition Sum , 1 map, site map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 to include allowing the setback adjustments as approved by the Board of Adjustment. 59 60 61 62 63 This page intentionally left blank. 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 5Estimated Time:Page Number: Department: Parks Presenter: Chris O'Keefe Contact: Neal Lewis SUBJECT: Public Hearing Application for Grants from the North Carolina Department of Environment and Natural Resources to Provide Pedestrian Access to Public Beaches and Public Trust Waters BRIEF SUMMARY: The North Carolina Department of Environment and Natural Resources has announced the availability of funds to provide pedestrian access to public beaches and public trust waters in the 20 coastal counties. Funds may be used for land acquisition and site improvement projects that are consistent with the State guidelines for public access in the coastal area. After County Commissioner approval at the May 16, 2005 meeting, the Planning Department and Parks Department submitted preliminary applications to the State for two separate projects. The State has asked the County to submit final applications for both of these projects. The projects together would require a commitment of approximately $40,000 from the County to provide access in two areas where public access is scarce. The first application is to purchase land near and adjacent to the property known as the Spike Property. New Hanover County purchased the Spike property with Hazard Mitigation money made available to purchase substantially damaged properties following hurricane Floyd. The acquired property(ies) would be used to provide parking so that people could access by foot the County owned Spike property. Due to explosive growth along the coast in New Hanover County, it will become more expensive to provide access to this beautiful and unique site as time goes by. Planning staff has been in contact with property owners of two vacant parcels of land along the access ROW/Easement which would be suitable for this purpose. The properties are valued between $40,000 and $50,000 each. The application denotes the purchase of both properties at a cost of under $100,000 which would include closing costs. The State requires a 25% match for this funding source. The County's share of this cost would be between $20 - $25,000. The application lays out the details of the project with a cost breakdown for each property. Improvements to the property which could include picnic facilities, an observation pier and board walk could be funded through future grant opportunities. After the May 16 meeting staff met briefly with three adjacent property owners opposed to this project and, separately, several residents in favor of the project. Staff agreed to keep all interested parties informed and involved in the process. The second application is for the construction of improvements to the property known as Middle Sound Park on Pages/Bridgers Creek. This property was purchased with money obtained from the Clean Water Management Trust Fund through the New Hanover County Tidal Creeks Program. The 17-acre property is vacant and wooded. Grant funds applied for would be used to improve the access from Dunbar Road, build parking for 6 -10 cars, resurface an existing trail which goes around the perimeter of the site and construct an observation pier reaching approximately 30 feet into Bridgers Creek. Total cost of the project is estimated to be $93,600 of which $14,000 would be the County's cash match and $9,600 would be matched in-kind. The NC DENR requires that you review this application at a public meeting and approve submittal of the grant by resolution. Final applications are due in the NC DENR offices by July 29. A copy of the applications will be available for review in the County Managers Office and the Planning and Parks Departments. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review the applications, approve grant submittal and sign the attached resolutions; request approval of necessary budget 65 amendment if awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: spike resomslrpark resmiddle sound parkspikepropert REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Held public hearings. Approved both applications 5-0. 66 67 This page intentionally left blank. 68 69 This page intentionally left blank. 70 71 This page intentionally left blank. 72 73 This page intentionally left blank. 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 6Estimated Time:Page Number: Department: Governing Body Presenter: Allen O'Neal Contact: Susan Wynn Item Does Not Require Review SUBJECT: Official Name for County Offices at the Former Market Place Mall BRIEF SUMMARY: In anticipation of the move of the remainder of the County employees from the County Administration Building at 320 Chestnut Street to the former Market Place Mall, the current name of Administrative Annex will no longer be appropriate for the building on Market Place Drive. One name that is recommended for the building on Market Place Drive is "New Hanover County Government Center". RECOMMENDED MOTION AND REQUESTED ACTIONS: Name the building on Market Place Drive that will house the County administrative offices "New Hanover County Government Center". FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 75 This page intentionally left blank. 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 7Estimated Time:Page Number: Department: Health Presenter: Commissioner Kopp Contact: Cam Griffin SUBJECT: Additional Positions for the Health Department BRIEF SUMMARY: During the public hearing on the FY 05-06 Budget the Board of Health requested the addition of four positions: two Environmental Health Specialists, one Animal Shelter Attendant and one Animal Control Officer. The estimate of the FY 05-06 Animal Control Fees can increase to absorb the cost of the Animal Control positions. The two Environmental Health Specialist positions can be absorbed in the existing Health Department budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approving the addition of the four positions and related budget amendment. The cost of the Environmental Health Positions will absorbed in the existing Health Department budget. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 4 Explanation: Additional Animal Control Fees will fund the Animal Control positions. ATTACHMENTS: health positions requested in public hearin BA06-0001.dNHCBH Memo.pd BA REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved two health inspector positions to be funded from unused Medicaid Maximization funds 5-1. Approved two animal control positions to be funded by fees generated by the department 4-1, Greer dissenting. 77 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Budget Amendment DEPARTMENT: Health / Animal Control BUDGET AMENDMENT #: 06-0001 ADJUSTMENT DEBIT CREDIT Animal Control: Dog & Cat Fees $64,335 Salaries & Wages $49,284 Social Security Taxes $3,770 Retirement - Local Govt $1,204 Medical Insurance $10,077 EXPLANATION: Increase in estimate of animal control fees to fund additional animal control positions. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Greer dissenting. 78 79 80 81 This page intentionally left blank. 82 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 8Estimated Time:Page Number: Department: Legal Presenter: Holt Moore, Assistant County Attorney Contact: Holt Moore, Assistant County Attorney SUBJECT: First Reading Graffiti Ordinance BRIEF SUMMARY: This is a proposal to add a prohibition against graffiti to the "Offenses and Miscellaneous Provisions" chapter of the County Code. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Ordinance. The matter will require a second reading should the vote not be unanimous. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: pter38-Graffiti(Additio Cha REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider ordinance. A second reading is required if the first vote is not unanimous. COMMISSIONERS' ACTIONS/COMMENTS: Ordinance approved 5-0. It will not require a second reading. 83 84 85 86 87 This page intentionally left blank. 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 9Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: $123 Million 2005 School Bond Project BRIEF SUMMARY: The Commissioners are requested to adopt the Capital Project Ordinance necessary to establish the budget for the construction of capital improvements for New Hanover County Schools. The project will be funded with bond proceeds of $123,000,000. Also attached for your review and approval is the New Hanover County Schools Budget Amendment for the 2005 School Bond. The Budget Amendment was approved by the New Hanover Board of Education at their June 6, 2005 meeting. The Board of Education Budget Amendment establishes individual projects to be funded by the 2005 School Bond. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of the Capital Project Ordinance and approval of associated budget amendments. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: CP$123M2005SCHOOLBOND.Dba2006-01.d New Hanover County Schools Capital Outlay Budget Amendment # 6 REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval as noted above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 89 90 91 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Budget Amendment DEPARTMENT: $123 Million 2005 School Bond Project BUDGET AMENDMENT #: 2006-01 ADJUSTMENT DEBIT CREDIT Bond Proceeds $123,000,000 Capital Project Expense $123,000,000 EXPLANATION: To establish budget for the $123 Million 2005 School Bond Project. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 92 93 94 95 96 97 This page intentionally left blank. 98 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 10Estimated Time:Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Designation of Voting Delegate to the NCACC Annual Conference BRIEF SUMMARY: Each year at the NCACC Annual conference, counties select the association's officers and vote on policy issues. According to NCACC by-laws, each county is entitled to one vote. Each county is required to select a voting delegate to represent the county in the business session, which will take place Saturday, August 27, 2005 from 2 - 4:30 p.m. This year's conference will be held in Mecklenburg County, N.C. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint a voting delegate to the NCACC Annual Conference. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Select a delegate. COMMISSIONERS' ACTIONS/COMMENTS: Selected Chairman Greer 5-0. 99 This page intentionally left blank. 100 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Regular Item #: 11Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Committee Appointments BRIEF SUMMARY: Appointments are needed on the following boards: Parks and Recreation Advisory Board Planning Board Commission for Women 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: COMMISSIONERS' ACTIONS/COMMENTS: Parks and Recreation Advisory Board ? this is being readvertised, this applicant will be included with applications received in response to the advertisement Planning Board - David A. Adams and Kenneth F. Wrangell appointed Commission for Women - Shannon E. Blankenbeckler appointed 101 This page intentionally left blank. 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 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. 6:10 p.m. 1. Non-Agenda Items (limit three minutes) 6:20 p.m. 2. Approval of Minutes 129 6:25 p.m. 3. Consideration of Financing for Blossom Ferry Water System 131 6:40 p.m. 4. Consideration of Award of Contract 05-0285 for Middle Sound Sewer 137 Extension and Approval of Associated Budget Amendment 2006-02 127 This page intentionally left blank. 128 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 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 - Approval of Minutes BRIEF SUMMARY: Approve minutes from the June 20, 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: Approve minutes. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 129 This page intentionally left blank. 130 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Water & Sewer Item #: 3Estimated Time:Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Consideration of Financing for Blossom Ferry Water System BRIEF SUMMARY: The Board, at their last meeting, directed staff to move forward with Option B for the County to extend the water line from the Holly Shelter main line, as described in the attached June 13, 2005 memo. The next question to consider is how much the County pays and how much the resident pays for the system. Option B in the June 13, 2005 memo shows various scenarios ranging from the County paying the entire cost of $219,230 (Funding Option B-3), to the individual lot owners paying the entire cost at $10,961/lot (20 lots) (Funding Option B-1). Points to consider in determining the apportionment of costs include: 1) Fire hydrants can be provided which will lower fire insurance premiums for the homeowner by up to $100/year for a $200,000 home when the district is re-rated in several years; 2) A central water system adds more value to a home than individual wells; 3) At present, the District has limited mechanisms in place to fund the expansion of the water system into existing developments, compared to the use of sales tax revenues for sewer expansion. For water, the County charges $720/lot to cover wells and storage tanks, but has nothing in place to cover the cost of water main extensions and distribution systems, as in the case of Blossom Ferry. One reasonable option may be to follow the funding scenario in Funding Option B-2, where the lot owner would pay approximately $5,961/lot and the County would pay $100,000 for the water main extension. If the Board wishes to further reduce the cost to the lot owner, the County could contribute its in-kind design cost for the line of $20,000, or $1,000/lot, which could reduce the cost per lot owner to $4,961. The Commissioners have the ability to finance this cost for the lot owners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the County Commissioners consider what costs to charge to the lot owners in Blossom Ferry for the water system. Regardless of the decision, staff recommends that the Commissioners: 1) Clearly state that their decision is not precedent-setting for water impact fees in the future because the Water Development Task Force is investigating this topic; 2) Direct staff to develop a financing scheme for lot owners to stretch payments out over several years; and 3) Direct staff to develop the necessary legal mechanism and to bring back final proposed charges once bids are received. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 131 REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation noted above. COMMISSIONERS' ACTIONS/COMMENTS: A motion to approve homeowners paying $1,770 ($1,050 tap fee, $720 utility fee), applicable only to the developed lots in Blossom Ferry, if the option is taken now, was approved 5-0. Lot owners will pay the applicable fees in the future, this is not precedent setting. 132 133 134 135 This page intentionally left blank. 136 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Water & Sewer Item #: 4Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Award of Contract # 05-0285 for Middle Sound Sewer Extension BRIEF SUMMARY: In 2003, New Hanover County awarded contracts for the construction of gravity sewer at Middle Sound. Construction of 5,000 feet of sewer in the project could not be accomplished due to condemnation proceedings, easement negotiations, or system design changes that were necessary. Those issues have since been addressed. Completion of the 5,000 linear feet of gravity sewer work in this Contract would provide sewer service to homes on Red Cedar Road, Lonicera Court, Anaca Point Road and the new Hellenic Shores subdivision. On June 14, 2005 bids were received for the remaining work. The successful bid was $884,180 by T.A. Loving Company and represents a substantial increase in construction costs. This is indirectly attributed to a change in the interpretation of regulations by NCDENR and inflation. After a review of the Middle Sound budget, it was determined that sufficient funds were not available to cover the additional cost. The associated budget amendment is required to cover the additional expense. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends award of the contract to T.A. Loving Company in the amount of $884,180 and requests approval of the associated budget amendment in the amount of $521,576 to cover the additional cost of construction. Staff would like to request authorization for the Chairman of the District to sign the necessary contracts. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer District Fund ATTACHMENTS: y 05-02ba2006-02.d Bid Summar REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: 137 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 138 139 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/11/05 Budget Amendment DEPARTMENT: Middle Sound Capital Project/Water-Sewer Operating BUDGET AMENDMENT #: 2006-02 ADJUSTMENT DEBIT CREDIT Water/Sewer Operating Appropriated Fund Balance $521,576 Transfer to Capital Projects $521,576 Middle Sound Capital Project Transfer in from Sewer Operating $521,576 Capital Project Expense $521,576 EXPLANATION: To budget Sewer Operating Fund Balance to cover the contract to T A Loving for Middle Sound Sewer. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 140