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Agenda 2005 06-06 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 June 6, 2005 5:30 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:35 p.m. 1. Consideration of a Proclamation for 89 Rip Current Awareness Week 2005 2.Consideration of Recommended Funding to Specific Organizations and Public 91 Hearing on the FY 2005-2006 Recommended Budget 5:40 p.m. New Hanover County Schools 5:50 p.m. Cape Fear Community College 5:55 p.m. Board of Health 6:00 p.m. Public Hearing on FY05-06 Recommended Budget 6:50 p.m. 3. Public Hearing93 Application for Rural Operating Assistance Program Funding in the Amount of $156,420 7:00 p.m. 4.1 Public Hearing95 Rezoning (Re-hearing per Court Order) Request by Sonja Powell to rezone approximately 4.0 acres of property at 4133 Blue Clay Road from R-15 Residential to I-1 Light Industrial (Z-776, 04/04) 7:30 p.m. Break 7:40 p.m. 4.2 Public Hearing101 Rezoning Request by Andrew Hall for Yvonne Johnson to rezone approximately 2.80 acres of property located at 649 Piner Road from R-15 Residential to O&I Office and Institutional (Z-788, 01/05) 8:00 p.m. 4.3 Public Hearing107 Special Use Permit Request by Stocks Land Surveying for Doug Muhle to consider a Special Use Permit to locate a 10 slip boat facility in an R-20 Residential District located at 7431 Dunbar Road, Middle Sound Community (S-529, 05/05) 1 8:45 p.m. 4.4 Public Hearing117 Special Use Permit Request by Blanchard et al attorneys for Cingular Wireless to consider a Special Use Permit to locate a 180 foot Monopole Antenna in an R-15 Residential District located at 4610 Carolina Beach Road behind the Moose Lodge (S-530, 05/05) 9:00 p.m. 5. Consideration of a Petition for Road Addition to NCDOT127 Silver Lake & Silva Terra Subdivisions 9:10 p.m. 6. Consideration of 2005 Issue of School and Community College Bonds, 129 Certification and Declaration of Results of May 10, 2005 Vote 9:20 p.m. 7. Consideration of a Proposal to Purchase County Property on Gordon Road135 9:30 p.m. Break 9:40 p.m. 8. Appointment of a Commissioner Representative to the Greater Wilmington 139 Sports Commission 9:50 p.m. 9. Consideration of Study of Engineering Resources and Constraints141 9:55 p.m. 10. Consideration of Approval of Refinancing of 1997 Bonds for Capital Projects143 10:00 p.m. 11. Consideration of Approval of Refinancing of 2001 Bonds for Capital Projects151 159 10:05 p.m. 12. Appointment of a Voting Delegate for the National Association of Counties 2005 Annual Conference 161 10:10 p.m. 13. Meeting of the Water and Sewer District 10:35 p.m. 14. Non-Agenda Items 10:45 p.m. 15. Additional Items County Commissioners Clerk to the Board County Attorney County Manager 11:00 p.m. ADJOURN estimated Note: Times listed for each item are , and if a preceding item takes less time, the Board will move forward until the agenda is completed. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 10:10 p.m. 1. Non-Agenda Items (limit three minutes) 10:20 p.m. 2. Approval of Minutes163 10:25 p.m. 3. Consideration of Award of Contract for Kings Grant Section 3 Phase 2 and 165 Approval of Associated Budget Amendment 2005-52 3 This page intentionally left blank. CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes7 2. Approval of Adoption of State Road Resolution to Add Royal Fern Road and 9 Daisy Drive in River Oaks Subdivision to the State Road System 3. Approval to Accept Grant Monies from the Office of Rural Health in the Amount 13 of $20,000 to Implement a Medicare Prescription Drug Transition Program for Senior Care Enrollees 4. Acknowledgement of New Hanover County Schools Budget Amendments19 5. Approval of Annual Plan for Juvenile Crime Prevention Council for July 1, 2005 23 to June 30, 2006 6. Approval of a Proclamation to Recognize August 23, 2005 as Health Unit 27 Coordinators Day 31 7. Approval of Budget Amendment 05-0226 in the Amount of $192,407 for Medicaid Maximization Cost Settlement Funds 8. Approval of Partnership with the City of Wilmington for a Three Year HUD Lead 35 Poisoning Grant Application 9. Approval of Risk Watch Continuation Grants39 10. Approval to Accept Ministering Circle Funds through Good Shepherd ($15,000) 43 and Associated Budget Amendment 05-0227 11. Approval of New Hanover County Health Department Fee Policy Additions47 12. Approval to Exchange Six (6) Motorcycles Owned by the Sheriff?s Department 51 (2003 Model Year Harley Davidson Motorcycles) for Six (6) New Model 2005 Harley Davidson Motorcycles and Associated Budget Amendments 2005-56 and 05-0228 13. Consideration of an EPA Settlement Agreement for Recovery of Response Costs 55 at the New Hanover County Airport Burn Pit Approval of Budget Amendments: 14.1 05-0214 Elections71 14.2 05-0219 Criminal Justice Partnership Program73 14.3 05-0224 Drug Court Special Revenue Fund75 14.4 05-0232 Department of Social Services77 5 14.5 2005-49 CFCC Capital Improvements (Bonds)79 81 14.6 2005-53 CFCC $38.3M Capital Project 83 14.7 2005-54 Schools $125M Capital Projects 14.8 2005-55 Airlie Capital Project85 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Sheila L. Schult Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Budget Work Session - May 12, 2005 Regular Meeting - May 16, 2005 Closed Session - May 16, 2005 Board of Equalization and Review - May 16, 2005 Special Meeting - Airport - May 18, 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: 06/06/05 Consent Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Adoption of State Road Resolution to Add Royal Fern Road and Yellow Daisy Drive in River Oaks Subdivision to the State Road System BRIEF SUMMARY: NCDOT has reviewed the petition and is considering the road addition. District Engineer Cumbo has requested that the Board concur with the recommendation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution in support of road additions. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: NCDOT letter ITEM DOES NOT REQUIRE REVIEW 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: 06/06/05 Consent Item #: 3Estimated Time:Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton SUBJECT: Request Approval to Accept Grant Monies from the Office of Rural Health in the Amount of $20,000 to Implement a Medicare Prescription Drug Transition Program for Senior Care Enrollees BRIEF SUMMARY: The new Medicare Prescription Drug Program (Part D), which will be effective January 1, 2006, is complex. The Department of Aging has been asked to implement a Medicare Prescription Drug Transition Program to help Senior Care enrollees understand the new Medicare Prescription Drug (Part D) program and choose a prescription drug program that best meets their needs. The grant provides funding to pay up to three part-time Local Coordinator positions and administrative costs (postage, communication, print, mileage reimbursement). Local Coordinators will be responsible for community outreach and helping Senior Care enrollees choose a prescription drug program (PDP) under Medicare Part D. We have been asked to recruit the Local Coordinators from among our trained Senior Health Insurance Information Program (SHIIP) pool of volunteers. The grant period begins July 1, 2005 and will end June 30, 2007. There is no County match required for the grant. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Commissioners accept the Medicare Prescription Drug Transition Program Grant in the amount of $20,000. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Positions will be temporary, $10 per hour, up to 20 hours a week (depending on the number of Local Coordinators), no benefits. If approved by Commissioners, the expenditures and revenues in the FY05-06 Department of Aging Adopted budget will be increased by $20,000. ATTACHMENTS: Agreement REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: 13 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 14 15 16 17 This page intentionally left blank. 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 4Estimated Time:Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Acknowledgement of New Hanover County Schools Budget Amendments BRIEF SUMMARY: Following are the budget amendments approved by the Board of Education on May 2, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: No action necessary. Amendments are presented for information only. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Capital Outlay Transfers attached. REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: No action necessary. This is presented for your information and that of the public. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 19 20 21 This page intentionally left blank. 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 5Estimated Time:Page Number: Department: County Manager Presenter: Patricia A. Melvin Contact: Patricia A. Melvin SUBJECT: Annual Plan for Juvenile Crime Prevention Council for July 1, 2005 to June 30, 2006 BRIEF SUMMARY: The Juvenile Crime Prevention Council (JCPC) is required to submit an annual plan to the Board of County Commissioners outlining the funding and program plans for the upcoming year. The plan is prepared based upon identified needs and risks among area youths, and must be approved by the Commissioners. New Hanover County's Juvenile Needs and Risk Assessment demonstrates some 70% of area youths involved with the Juvenile Court system are experiencing moderate to serious school behavior problems, mental health, substance abuse, and prior victimization issues, and lack pro-social peer groups, with parents who have parenting/supervision skill deficiencies. Thus, the New Hanover County JCPC adopted a plan to fund programs which provide services addressing these issues during FY 05-06. Services will include: counseling/psychological evaluation and sex offender evaluation/treatment provided by Southeastern Center; structured day reporting, interpersonal skills, anger management, conflict resolution, problem solving, restitution/community services provided by the Juvenile Day Treatment Center, LINC, Inc., and Teen Court. Previously approved funding levels are attached for your convenience. Once approved by the Board of County Commissioners, the plan will be submitted to the area office of N.C. Department Of Juvenile Justice (DJJDP), then to the State office of DJJDP for final approval. The entire document is lengthy and is available for review in the County Manager?s office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the plan for submittal to the area and state offices of DJJDP. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: NC DJJDP, local in-kind matches, other state/federal sources ATTACHMENTS: Funding summary REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: 23 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. 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: 06/06/05 Consent Item #: 6Estimated Time:Page Number: Department: County Manager Presenter: Contact: Allen O'Neal Item Does Not Require Review SUBJECT: Approval of a Proclamation to Recognize August 23, 2005 as Health Unit Coordinators Day BRIEF SUMMARY: Edna Ennis has submitted the attached proclamation to be considered by the Board of Commissioners. She represents the National Association of Health Unit Coordinators, Inc. (NAHUC) and hopes to take the signed proclamation to their 24th Annual Education Conference August 24-27, 2005 in Richmond, Virginia. A link has been placed below to the association's website for more information. http://www.nahuc.org/ RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: dProclamation Letter. ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 28 29 This page intentionally left blank. 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 7Estimated Time:Page Number: Department: Health Presenter: David E. Rice, Health Director Contact: David E. Rice SUBJECT: Budget Amendment in the Amount of $192,407 for Medicaid Maximization Cost Settlement Funds BRIEF SUMMARY: The New Hanover County Health Department has received notification from the Division of Public Health that an additional $192,407 in Medicaid Cost Settlement funds has been awarded to be used to support programs in the department which earn Medicaid revenues (spending plan to be developed at a later date). A total of $344,007 has been awarded, and of that amount, there is $151,600 already budgeted in fiscal year 04-05. RECOMMENDED MOTION AND REQUESTED ACTIONS: To accept and approve the $192,407 additional State Grant funds to be used to support the New Hanover County Health Department programs which earn Medicaid revenues, and the associated budget amendment. The Board of Health approved this on June 1, 2005. It is anticipated that any unexpended funds will be rolled over to FY 05-06. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funding Source: State Department of Health and Human Services, Division of Medicaid Assistance. No County match is required for receipt of these funds. ATTACHMENTS: 05-0226.d Budget Amendment and supporting documentation. 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. 31 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment DEPARTMENT: Health BUDGET AMENDMENT #: 05-0226 ADJUSTMENT DEBIT CREDIT Care Coordination: Title XIX Fee Maximization $192,407 Departmental Supplies $192,407 EXPLANATION: Budget additional funds received from Medicaid Cost Settlement funds. ADDITIONAL INFORMATION: A spending plan will be developed at a later date. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 32 33 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 8Estimated Time:Page Number: Department: Health Presenter: David E. Rice, Health Director or Designee Contact: Janet McCumbee SUBJECT: Partnership with the City of Wilmington for a Three-Year HUD Lead Poisoning Grant Application BRIEF SUMMARY: Request approval to partner with the City of Wilmington in the submission of a Federal HUD Lead Poisoning Prevention Grant. The New Hanover County Health Department is the agency charged by NC Public Health with childhood lead poisoning prevention and follow-up of lead poisoned children in NHC. The City of Wilmington has asked us to partner with them if a federal grant is received, to provide outreach and follow-up of children with possible lead exposure. We currently have a part-time Health Educator position to provide these services. If approved and grant received, funding would be available to provide additional capacity, including two positions, one full-time Licensed Practical Nurse and one part-time Program Assistant, through the Health Department. In the event that funding discontinues, the positions will be eliminated. RECOMMENDED MOTION AND REQUESTED ACTIONS: To approve partnering with the City of Wilmington in the HUD Grant Application for federal lead poisoning funds and any associated budget amendment for funds ($275,000 over 3 years) to be allocated to the Health Department to provide additional Childhood Lead Poisoning services to children and their families. The Board of Health approved this on June 1, 2005. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 2 (1FT LPN/1PT Prog. Ast) Explanation: Funding Source: Federal HUD Grant (October 1, 2005-September 2008). No County match required; in-kind provided by existing position. The funds would add one full-time Licensed Practical Nurse and one part-time Program Assistant to provide follow-up and outreach related to children with lead poisoning. In the event that funding discontinues, the positions will be eliminated. ATTACHMENTS: Letter of Support from Health Director and NHCHD Grant Budget 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. 35 36 37 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 9Estimated Time:Page Number: Department: Health Presenters: Elisabeth Constandy and Renae Lopez, Health Educators Contacts: Renae Lopez and Elisabeth Constandy SUBJECT: Risk Watch Continuation Grants BRIEF SUMMARY: The North Carolina Department of Insurance, Office of the State Fire Marshall has announced availability for continuation funding for established Risk Watch Champion Teams. New Hanover County is one of five established teams statewide. Funding will be used to expand the Risk Watch injury prevention curriculum with the County school system (public and private). The curriculum is designed to be implemented in elementary schools, and covers fire, water, bicycle, traffic and pedestrian, and other safety topics. Currently the program is in six schools. The goal is to expand to all New Hanover County primary and pre-K schools during the 05-06 school year (total of 25 or 26 schools), through a shared curriculum/material design. New Hanover County is one of two counties eligible to apply for up to $25,000 in funding. During FY 04-05, New Hanover County Health Department applied for and was awarded $25,000 in funding. The funding is exclusively used for curriculum materials, teacher incentives, printing, and supplies. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve grant application for $25,000 and budget amendment if funding is received. The Board of Health approved this on June 1, 2005. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: Funding Source: North Carolina Department of Insurance, Office of the State Fire Marshal. Funding will allow continuation and expansion of the current Risk Watch injury prevention activities in New Hanover County Schools. No County match is required for receipt of these funds. ATTACHMENTS: Brief RFP description. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 39 40 41 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 10Estimated Time:Page Number: Department: Health Presenter: David E. Rice, Health Director Contact: Janet McCumbee SUBJECT: Acceptance of Ministering Circle Funds through Good Shepherd ($15,000) BRIEF SUMMARY: The Good Shepherd Day Shelter for the homeless has received notification of a Ministering Circle Grant for health services. The grant is for the purchase of medical equipment and supplies to enhance and expand the current nursing clinic staffed by the New Hanover County Health Department Community Services Team. The nursing clinic is held daily, Monday through Friday for four hours, staffed by a part-time public health nurse with a Family Nurse Practitioner providing services 1-2 days per week. The clinic area is being expanded to include an additional exam room which will require equipment and furnishings. RECOMMENDED MOTION AND REQUESTED ACTIONS: To approve the acceptance of the $15,000 Ministering Circle Grant and any budget amendment related to the receipt of the grant funds in the Health Department 05-06 County budget. The Board of Health approved this on June 1, 2005. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funding Source: Ministering Circle funds through Good Shepherd. No County match needed; in-kind cash not required. The grant will cover the purchase of medical equipment and supplies for the Good Shepherd nursing clinic. ATTACHMENTS: 05-0227.d Letter from Good Shepherd, Budget Amendment REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 43 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment DEPARTMENT: Health BUDGET AMENDMENT #: 05-0227 ADJUSTMENT DEBIT CREDIT Good Shepherd Ministries: Good Shepherd Ministries Grant $15,000 Departmental Supplies $15,000 EXPLANATION: To budget funding received from Good Shepherd Ministries - Ministering Circle in the amount of $15,000. This funding is to be used for supplies and equipment at the offsite clinic located in the Good Shepherd Ministries facility. Received immediately will be $8,000, with the remaining balance of $7,000 to be received in August of 2005. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 45 This page intentionally left blank. 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 11Estimated Time:Page Number: Department: Health Presenter: David E. Rice, Health Director or Designee Contact: Janet McCumbee SUBJECT: New Hanover County Health Department Fee Policy Additions BRIEF SUMMARY: The Board of Health requests the Board of County Commissioners approve additions to its Fee Policy as follows: 1) add a new service called Targeted Case Management, through a contract with the Children's Development Service Agency (CDSA) beginning July 1, 2005; and add fee of $29.30 per 15 minute unit consistent with T101HI (see page 10 attached). 2) bill Medicaid for a test the Health Department already does on wet mounts, at a fee of $6.00, consistent with CPT Code 82120. The Board of Health approved the changes on June 1, 2005. RECOMMENDED MOTION AND REQUESTED ACTIONS: To approve the Fee Policy changes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: Funding Source: Medicaid , state grants and other third party insurance. No County match or in-kind required. 1) Targeted Case Management will be an enhancement of the services already provided by current Child Service Coordination nurses and social workers; revenue generated from the billings will supplement the Care Coordination self- supporting budget. 2) The amines CPT code can be billed in addition to the main code for wet mounts. This will double the revenue for this procedure. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 47 48 49 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 12Estimated Time:Page Number: Department: Sheriff's Office Presenter: Contact: Bruce Shell SUBJECT: Exchange of Six (6) Motorcycles Owned by the Sheriff's Department (2003 Model Year Harley Davidson Motorcycles) for Six (6) New Model 2005 Harley Davidson Motorcycles BRIEF SUMMARY: As in the past, the Sheriff desires to exchange the existing motorcycle fleet and receive new motorcycles. Carolina Coast Harley Davidson will take our six (6) 2003 model year motorcycles and replace with model year 2005 motorcycles. This is permitted by General Statute 160A-271. Carolina Coast Harley Davidson will remove the existing Sheriff's Department equipment and install it on the new motorcycles for $763.75 each. No other County expenditures are required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adopting resolution approving the exchange; authorizing the staff to proceed and process any required documents to complete the transaction and approving related budget amendments. (Budget amendments are for accounting purposes only to record the disposal of the motorcycles as a sale and the receipt of the motorcycles as a purchase.) FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: 110-431-4321-6450 ATTACHMENTS: ba2005-56.dba05-0228.d05-0232 Resolution Exhange of Harley Davi REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 51 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment DEPARTMENT: Federal Forfeited Property BUDGET AMENDMENT #: 2005-56 ADJUSTMENT DEBIT CREDIT Federal Forfeited Property $73,400 Capital Project Expense $73,400 EXPLANATION: To budget funds for the exchange of 5 model 2003 Harley Davidson motorcycles for 5 model 2005 motorcycles. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment DEPARTMENT: Sheriff/Uniform Patrol Division BUDGET AMENDMENT #: 05-0228 ADJUSTMENT DEBIT CREDIT Sale of Fixed Assets $14,680 Motor Vehicle Purchases $14,680 EXPLANATION: To budget revenue to be received in the exchange of a Model 2003 Harley Davidson motorcycle with a 2005 Harley Davidson motorcycle. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 53 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Consent Item #: 13Estimated Time:Page Number: Department: Legal Presenters: Ray Church, Environmental Management Director Kemp P. Burpeau, Deputy County Attorney Contacts: Ray Church, Environmental Management Director Kemp P. Burpeau, Deputy County Attorney SUBJECT: EPA Settlement Agreement for Recovery of Response Costs at the New Hanover County Airport Burn Pit BRIEF SUMMARY: The County, along with the City of Wilmington and Cape Fear Community College ("local parties"), have been paying the cost of the cleanup of the Burn Pit, a Federal superfund site. It is anticipated that cleanup can be completed over the next few years. The clean-up is going very well. The EPA previously made demands on the local parties to pay oversight costs incurred by the EPA in an amount exceeding $370,000. The EPA has now agreed to pay these past oversight costs from settlement amounts received from two private parties that had some involvement with the site. In exchange, the local parties would pay future oversight costs. Since the implementation of the remedy at the site, oversight costs have been limited. It is anticipated that future oversight costs will be less than $100,000, although this cannot be stated with full certainty. Total remaining costs appear to be around $200,000, of which the County's share would be $50,000. Existing funds with interest should be able to pay for our share. This agreement will establish that the local parties have no responsibility for past costs. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and authorize execution of settlement agreement. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Settlement Agreement REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve the attached agreement. If costs go beyond the ancicipated amount, we will notify you as soon as possible. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 This page intentionally left blank. 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment Consent Item #: 14.1Estimated Time:Page Number: DEPARTMENT: Elections BUDGET AMENDMENT #: 05-0214 ADJUSTMENT DEBIT CREDIT Elections: Help America Vote Act $8,993 Printing $3,000 Postage $5,993 EXPLANATION: To budget additional Help America Vote Act grant funds for additional voter list verification. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 71 This page intentionally left blank. 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment Consent Item #: 14.2Estimated Time:Page Number: DEPARTMENT: Criminal Justice Partnership Program BUDGET AMENDMENT #: 05-0219 ADJUSTMENT DEBIT CREDIT Criminal Justice Partnership Grant $600 Contracted Services $600 EXPLANATION: To increase budget as a result of an increase in funding from reallocated funds. The funds will be used for Coastal Horizons to purchase a digital breathalyzer, mouthpiece, metal detector and officejet printer. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 73 This page intentionally left blank. 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment Consent Item #: 14.3Estimated Time:Page Number: DEPARTMENT: Drug Court Special Revenue Fund BUDGET AMENDMENT #: 05-0224 ADJUSTMENT DEBIT CREDIT Interest on Investments $8,513 Appropriated Fund Balance $16,170 Transfer to General Fund $24,683 EXPLANATION: For accounting purposes--to close Fund 135-Drug Court. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners 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: 06/20/05 Budget Amendment Consent Item #: 14.4Estimated Time:Page Number: DEPARTMENT: Department of Social Services BUDGET AMENDMENT #: 05-0232 ADJUSTMENT DEBIT CREDIT Office Day Care $206,000 Day Care Services $206,000 EXPLANATION: This budget amendment will provide additional day care funding for the remainder of this fiscal year. Please note that even with the additional $206,000 there is the possibility of a shortfall of an estimated $50,000. Possible solutions to the shortfall are an additional year-end allocation from the state and the $30,000 in Share the Care Funds (private business contributions) that were received last fiscal year from the NHC Partnership for Children. Expenditures for Social Services in FY 04-05 are well within FY 04-05 budget. A waiting list for Day Care services has been reestablished as the FY 05-06 state budgets for Day Care do not look promising and it appears there may be little carry-forward money. ADDITIONAL INFORMATION: The New Hanover County DSS will continue the waiting list for Day Care until they receive their state Funding Authorization (usually in August), meaning as attrition occurs DSS will not be adding children due to questionable funding. No County dollars are required. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 77 This page intentionally left blank. 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment Consent Item #: 14.5Estimated Time:Page Number: DEPARTMENT: CFCC Capital Improvements Projects (Bonds) BUDGET AMENDMENT #: 2005-49 ADJUSTMENT DEBIT CREDIT Interest on Investments $560,000 Principal on Bonded Debt $450,000 Interest on Bonded Debt $110,000 EXPLANATION: To budget interest earnings, to be used to pay debt service. The project is complete. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 79 This page intentionally left blank. 80 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment Consent Item #: 14.6Estimated Time:Page Number: DEPARTMENT: CFCC $38.3M Capital Project BUDGET AMENDMENT #: 2005-53 ADJUSTMENT DEBIT CREDIT Interest on Investments $1,400,000 Transfer to General Fund $1,400,000 EXPLANATION: To budget interest earnings on the project, to be transferred to General Fund to be used to pay a portion of debt service in FY 05-06. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 81 This page intentionally left blank. 82 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment Consent Item #: 14.7Estimated Time:Page Number: DEPARTMENT: Schools $125M Capital Projects BUDGET AMENDMENT #: 2005-54 ADJUSTMENT DEBIT CREDIT Interest on Investments $3,400,000 Transfer to General Fund $3,400,000 EXPLANATION: To budget interest earnings on the project, to be transferred to General Fund to be used to pay a portion of debt service for FY 05-06. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 83 This page intentionally left blank. 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment Consent Item #: 14.8Estimated Time:Page Number: DEPARTMENT: Airlie Capital Project BUDGET AMENDMENT #: 2005-55 ADJUSTMENT DEBIT CREDIT Sales Tax Refund $4,384 Interest on Investments $3,711 Capital Project Expense $8,095 EXPLANATION: To budget sales tax refund and interest earnings, necessary to complete the project. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 85 This page intentionally left blank. 86 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:35 p.m. 1. Consideration of a Proclamation for 89 Rip Current Awareness Week 2005 2. Consideration of Recommended Funding to Specific Organizations and Public 91 Hearing on the FY 2005-2006 Recommended Budget 5:40 p.m. New Hanover County Schools 5:50 p.m. Cape Fear Community College 5:55 p.m. Board of Health 6:00 p.m. Public Hearing on FY05-06 Recommended Budget 6:50 p.m. 3. Public Hearing 93 Application for Rural Operating Assistance Program Funding in the Amount of $156,420 7:00 p.m. 4.1 Public Hearing 95 Rezoning (Re-hearing per Court Order) Request by Sonja Powell to rezone approximately 4.0 acres of property at 4133 Blue Clay Road from R-15 Residential to I-1 Light Industrial (Z-776, 04/04) 7:30 p.m. Break 7:40 p.m. 4.2 Public Hearing 101 Rezoning Request by Andrew Hall for Yvonne Johnson to rezone approximately 2.80 acres of property located at 649 Piner Road from R-15 Residential to O&I Office and Institutional (Z-788, 01/05) 8:00 p.m. 4.3 Public Hearing 107 Special Use Permit Request by Stocks Land Surveying for Doug Muhle to consider a Special Use Permit to locate a 10 slip boat facility in an R-20 Residential District located at 7431 Dunbar Road, Middle Sound Community (S-529, 05/05) 8:45 p.m. 4.4 Public Hearing 117 Special Use Permit Request by Blanchard et al attorneys for Cingular Wireless to consider a Special Use Permit to locate a 180 foot Monopole Antenna in an R-15 Residential District located at 4610 Carolina Beach Road behind the Moose Lodge (S-530, 05/05) 9:00 p.m. 5. Consideration of a Petition for Road Addition to NCDOT 127 Silver Lake & Silva Terra Subdivisions 9:10 p.m. 6. Consideration of 2005 Issue of School and Community College Bonds, 129 Certification and Declaration of Results of May 10, 2005 Vote 9:20 p.m. 7. Consideration of a Proposal to Purchase County Property on Gordon Road 135 87 9:30 p.m. Break 9:40 p.m. 8. Appointment of a Commissioner Representative to the Greater Wilmington 139 Sports Commission 9:50 p.m. 9. Consideration of Study of Engineering Resources and Constraints 141 143 9:55 p.m. 10. Consideration of Approval of Refinancing of 1997 Bonds for Capital Projects 10:00 p.m. 11. Consideration of Approval of Refinancing of 2001 Bonds for Capital Projects 151 10:05 p.m. 12. Appointment of a Voting Delegate for the National Association of Counties 159 2005 Annual Conference 161 10:10 p.m. 13. Meeting of the Water and Sewer District 10:35 p.m. 14. Non-Agenda Items 10:45 p.m. 15. Additional Items County Commissioners Clerk to the Board County Attorney County Manager 11:00 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. 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 1Estimated Time:Page Number: Department: Emergency Management Presenters: Ron Steve, National Weather Service and Dave Baker, Wrightsville Beach Ocean Rescue Contact: Warren Lee Item Does Not Require Review SUBJECT: Proclamation for "Rip Current Awareness Week 2005" BRIEF SUMMARY: The NC Department of Crime Control and Public Safety, Coastal Emergency Managers, NOAA's Sea Grant and National Weather Service, representatives of the US Lifesaving Association and others have collaborated to sponsor Rip Current Awareness Week to inform and educate visitors to our beaches about how to stay safe in rip currents. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve proclamation as submitted. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: RIP CURRENT AWARENESS WEEK. ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider adoption of resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 89 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Chairman Greer Contacts: Allen O'Neal, County Manager Cam Griffin, Budget Director SUBJECT: Review Recommended Funding with Specific Organizations and Hold a Public Hearing on the FY 2005-2006 Recommended Budget BRIEF SUMMARY: Beginning at 5:40 p.m., on June 6, 2005, the Board of County Commissioners will review FY 2005-2006 recommended funding with specific organizations and hold a public hearing at 6:00 p.m., to receive public comments on the FY 2005-2006 Recommended Budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Begin at 5:40 p.m., on June 6, 2005, to review FY 2005-2006 recommended funding with specific organizations and hold a public hearing at 6:00 p.m., to receive public comments on the FY 2005-2006 Recommended Budget. New Hanover County Schools - 5:40 p.m. Cape Fear Community College - 5:50 p.m. Board of Health - 5:55 p.m. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentations from New Hanover County Schools, Cape Fear Community College and Board of Health. Conduct public hearing, and direct staff to make adjustments and changes if you so desire. The budget is scheduled to be adopted at your regularly scheduled meeting on June 20, 2005. 91 COMMISSIONERS' ACTIONS/COMMENTS: Heard presentations and conducted public hearing on the FY05-06 Recommended Budget. 92 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 3Estimated Time:Page Number: Department: County Manager Presenter: Patricia A. Melvin Contact: Patricia A. Melvin SUBJECT: Public Hearing for Application for Rural Operating Assistance Program Funding in the Amount of $156,420 BRIEF SUMMARY: New Hanover County is eligible to receive $156,420 via the N.C. Department of Transportation's Rural Operating Assistance Program (ROAP) for FY 2005-2006. The Board of Commissioners approved the submission of this application at the April 18, 2005 Board of Commissioners Meeting. A public hearing was held on April 14, 2005 at 12:00 p.m. at the WAVE Transportation Offices. NCDOT requires a public hearing to be held at the County Commissioners Meeting. Funding must be used to provide transportation services to specific populations of the unincorporated areas of the County. Funding categories and amounts as determined by NCDOT are: Elderly/Disabled Assistance $ 81,794 Work First Assistance $ 13,677 Rural General Public Assistance $ 60,949 TOTAL $156,420 No local match is required for allocation listed above. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold public hearing. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: The ROAP Application (FY 05-06) is available for review in the County Manager's Office. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: 93 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing and authorize staff to submit application. No local match required. COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing. 94 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 4.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-776, 04/04 Rezoning (Re-hearing per Court Order) - Request to Rezone Approximately 4.0 Acres of Property at 4133 Blue Clay Road from R-15 Residential to I-1 Light Industrial BRIEF SUMMARY: Request by Sonja Powell to rezone approximately 4.0 acres of property at 4133 Blue Clay Road from R-15 Residential to I-1 Light Industrial. Attorney Richardson representing Ms. Powell received a continuation on this item by the County Commissioners at their May 2, 2005 meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-776 Sum 2. Z-776 Pet Sum 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing. Motion to rezone from R15 to I-1 Light Industrial approved 4-1, Commissioner Pritchett dissenting. 95 96 97 98 99 This page intentionally left blank. 100 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 4.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case Z-788, 01/05 Rezoning - Request to Rezone Approximately 2.8 Acres of Property at 649 Piner Road from R-15 Residential to O&I Office and Institutional BRIEF SUMMARY: Rezoning request by Andrew Hall for Yvonne Johnson to rezone approximately 2.80 acres of property located at 649 Piner Road from R-15 Residential to O&I Office and Institutional. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 6-0. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: dZ-788 Petition Summ Z-788 Sum. 1 map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing. Approved 5-0. 101 102 103 104 105 This page intentionally left blank. 106 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 4.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case S-529, 05/05 Special Use Permit to Locate a 10 Slip Boat Facility at 7431 Dunbar Road in an R-20 Residential District BRIEF SUMMARY: Request by Stocks Land Surveying for Doug Muhle to consider a Special Use Permit to locate a 10 slip boat facility in an R- 20 Residential District located at 7431 Dunbar Road, Middle Sound Community. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 4-2. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: mS-529.wp S-529 Petition Sum 3 maps, Petition in Opposition ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing. Denied 3-2, Greer and Caster opposing. 107 108 109 110 111 112 113 This page intentionally left blank. 114 115 This page intentionally left blank. 116 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 4.4Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case S-530, 05/05 Special Use Permit - Request to Locate a 180 Foot Monopole Antenna in an R-15 Residential District at 4610 Carolina Beach Road BRIEF SUMMARY: Request by Blanchard et al attorneys for Cingular Wireless to consider a Special Use Permit to locate a 180 foot Monopole Antenna in an R-15 Residential District located at 4610 Carolina Beach Road behind the Moose Lodge. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 5-1. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: pS-530 Petition Summ S-530.w 2 maps, 3 doc.s ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing. Approved 5-0. 117 118 119 120 121 122 123 124 125 This page intentionally left blank. 126 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 5Estimated Time:Page Number: Department: Planning Presenter: Dave Weaver, Dexter Hayes Contact: Dave Weaver Item Does Not Require Review SUBJECT: Petition for Road Addition NCDOT--Silver Lake & Silva Terra Subdivisions BRIEF SUMMARY: This unnamed road was platted as a public right-of-way in 1958 as part of the Silver Lake subdivision and in 1972 as part of the Silva Terra subdivision. This 350' road has minimal improvements within the 60' ROW and is in need of maintenance and repair. This road connection provides access between Horn Road and Silva Terra Drive which serve the Silva Terra and Silver Lake Subdivisions. It will also improve emergency access and other safety issues by allowing more residents to get to a signalized intersection on Carolina Beach Road. In order for NCDOT to add the road segment to their system a petition for road maintenance must be submitted. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize staff to submit the Petition for Road Addition. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation noted above. Note: This is not a public hearing, however, Mr. Hayes has notified property owners. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 127 128 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 6Estimated Time:Page Number: Department: Legal Presenters: Wanda M. Copley, County Attorney Bruce Shell, Finance Director Contacts: Wanda M. Copley, County Attorney Bruce Shell, Finance Director SUBJECT: 2005 Issue of School and Community College Bonds - Certification and Declaration of Results of May 10, 2005 Vote BRIEF SUMMARY: On May 10, 2005, a Referendum was held in order that the voters could vote on $123,000,000 of School Bonds and $27,000,000 Community College Bonds. The Board is asked to approve the Certificate of Canvass in connection with this Referendum. The Certificate of Canvass reflects the final number of votes for each bond question. The Board is required to adopt the attached Resolution reflecting the results of the May 10, 2005 Special Election on the School and Community College Bonds. The Board is also asked to approve the publication of the Statement of Results. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Certificate of Canvass StatementofResultResolution-Schoo9l&CF REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend adoption of attached resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved the Certificate of Canvass 5-0. Adopted the resolution and instructed the Clerk to publish the Statement of Results 5-0. 129 130 131 132 133 134 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 7Estimated Time:Page Number: Department: Legal Presenters: Kemp P. Burpeau, Deputy County Attorney Bob Glasgow, Tax Administrator Contacts: Kemp P. Burpeau, Deputy County Attorney Bob Glasgow, Tax Administrator SUBJECT: Gordon Road - Proposal to Purchase County Property BRIEF SUMMARY: Mike Nadeau desires to purchase from the County a 0.312 acre strip of land adjacent to his property located at 142 Gordon Road. The offer price is $14,000. The County would retain a thirty (30?) foot access and utility easement abutting the railroad right-of-way for ingress/egress to the County parcel situated to the south. The Tax Administrator has evaluated the offer and considers the proposed compensation reasonable. The sale would not be detrimental to use of the balance of the County property located to the south. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider accepting the proposal and advertise for upset bids. The County expressly reserves the right to reject any and all bids up to closing. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Map and Memo from Mr. Nadeau REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation noted above. COMMISSIONERS' ACTIONS/COMMENTS: Continued to June 20, 2005. 135 136 137 This page intentionally left blank. 138 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 8Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult SUBJECT: Appointment of a Commissioner Representative to the Greater Wilmington Sports Commission BRIEF SUMMARY: Sporting Wilmington Month The Board adopted a proclamation to designate May 2005 as in New Hanover County at the May 16, 2005 meeting. Paula Hobbie, Executive Director of the Greater Wilmington Sports Commission, received the proclamation and requested that the Board appoint a Commissioner to serve as an ex officio member of the Commission. The Commission's mission statement is attached. RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider appointment. COMMISSIONERS' ACTIONS/COMMENTS: Appointed Vice-Chairman Caster 5-0. 139 140 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 9Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Dave Weaver SUBJECT: Consideration of Study of Engineering Resources and Constraints BRIEF SUMMARY: The New Hanover County Water and Sewer District is currently involved in several significant projects that, when completed, will greatly improve the level of service to the citizens of New Hanover County. This expansion of the County's sewer and water system includes the installation of over 20 miles of gravity sewer and the construction of a six million gallon per day water treatment facility. The County's Engineering Department has maintained a constant staffing level since 1998 while the number of customers served has increased by 18,000 to a total of 32,000. The growth experienced in the County over the last eight years has resulted in the recent approval of several new positions within Inspections, Health, and Water Sewer Finance. The Engineering Department has managed to provide service to an increasing population without any adjustment in staffing size or structure. Additionally, staff has added the responsibilities of regulatory oversight for the County's storm water program and drainage program without any increase in staffing or funding. In order to accommodate the additional responsibilities associated with the growth in services, it will be necessary to make staffing additions and modifications. In order to make adjustments in personnel structure that will provide a flexible and efficient format that can grow as the County grows, it will be necessary to assess the existing condition of the department and then develop a structure that will allow better allocation of resources. Professional firms exist that can assist with such an assessment, possibly using recent projects as examples. The cost of such a study may be in the range of $10,000 - $20,000. RECOMMENDED MOTION AND REQUESTED ACTIONS: County staff recommends that a consulting engineering firm be contracted to perform the above analysis and that an appropriate budget amendment be approved. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: 141 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend directing staff to proceed with contracting with an engineering firm to conduct a "Resources and Constraints" study with the cost not exceeding $20,000.00. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 to authorize the County Manager to contract with an independent firm to conduct the study for a cost not to exceed $20,000. 142 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 10Estimated Time:Page Number: Department: Legal Presenters: Wanda M. Copley, County Attorney Bruce Shell, Finance Director Contacts: Wanda M. Copley, County Attorney Bruce Shell, Finance Director SUBJECT: Refinancing of 1997 Bonds for Capital Projects BRIEF SUMMARY: In 1997 New Hanover County issued $23,320,000 of Certificates of Participation to finance the acquisition of land and construction of various projects. The County has an opportunity to refinance a portion of this debt (not to exceed $14,000,000). The result of this action is projected to generate a savings of approximately $41,000 per year through 2018. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and approve the resolution. Direct the Clerk to the Board to publish the Notice of Public Hearing. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Resolution-1997Bond-2005DebtRef REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved the resolution and directed the Clerk to publish the Notice of Public Hearing 5-0. 143 144 145 146 147 148 149 150 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 11Estimated Time:Page Number: Department: Legal Presenters: Wanda M. Copley, County Attorney Bruce Shell, Finance Director Contacts: Wanda M. Copley, County Attorney Bruce Shell, Finance Director SUBJECT: Refinancing of 2001 Bonds for Capital Projects BRIEF SUMMARY: In 2001 New Hanover County issued $59,390,000 of Certificates of Participation to finance various construction projects. The County has an opportunity to refinance a portion of this debt (not to exceed $27,000,000). The result of this action is projected to generate an annual savings of approximately $48,000 through 2019. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and approve the resolution. Direct the Clerk to the Board to publish the Notice of Public Hearing. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Resolution-2001Bond-2005DebtRef REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved the resolution and directed the Clerk to publish the Notice of Public Hearing 5-0. 151 152 153 154 155 156 157 158 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Regular Item #: 12Estimated Time:Page Number: Department: Governing Body Presenter: Chairman Greer Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: National Association of Counties 2005 Annual Conference - Voting Delegate BRIEF SUMMARY: The Board is requested to appoint a voting delegate for the NACO 2005 Annual Conference. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint voting delegate. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Appoint voting delegate. COMMISSIONERS' ACTIONS/COMMENTS: Appointed Chairman Greer 5-0. 159 This page intentionally left blank. 160 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMATED ITEMS OF BUSINESS Page TIMES No. 10:10 p.m. 1. Non-Agenda Items (limit three minutes) 10:20 p.m. 2. Approval of Minutes 163 10:25 p.m. 3. Consideration of Award of Contract for Kings Grant Section 3 Phase 2 and 165 Approval of Associated Budget Amendment 2005-52 161 This page intentionally left blank. 162 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 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 Agenda - Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting of the Water and Sewer District - May 16, 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. 163 This page intentionally left blank. 164 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Water & Sewer Item #: 3Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Award of Contract for Kings Grant Section 3 Phase 2 BRIEF SUMMARY: In 2003, New Hanover County awarded contracts for the construction of gravity sewer within the King's Grant community to three utility contractors. Section 3 of Kings Grant was awarded to Triangle Paving and Grading in the amount of $2,949,452. Issues developed with the Section 3 contract and as a result, work in this section stopped prior to completion with approximately 63% of the work completed. In an effort to address changes in the State's oversight of sewer construction, County contracting practices have been modified. The balance of the work for this section, approximately 22,000 linear feet of gravity sewer, was bid with a revised contractor performance format. On April 12, 2005, bids were received for the remaining work within Section 3. The successful bid for this is for $2,464,752.10 by ES&J and represents a substantial increase in construction costs. After a review of the Kings Grant 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 ES&J in the amount of $2,464,752.10 and request approval of associated budget amendment in the amount of $690,000 to cover the additional cost of construction. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer District Fund ATTACHMENTS: d ba2005-52. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: 165 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 166 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment DEPARTMENT: Kings Grant Sewer/Water-Sewer Engineering BUDGET AMENDMENT #: 2005-52 ADJUSTMENT DEBIT CREDIT Water/Sewer Appropriated Fund Balance (W&S) $690,000 Transfer to Capital Projects $690,000 Kings Grant Sewer Cap. Project Transfer in from Sewer Operating $690,000 Capital Project Expense $690,000 EXPLANATION: To appropriate fund balance in Sewer Operating Fund to award bid to ES&J for Kings Grant- Section 3-B ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 167 168 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Additional Item #: 1Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: Release of Room Occupancy Tax Funds to City of Wilmington Convention Center BRIEF SUMMARY: On Tuesday, May 31, 2005 the Tourism Development Authority approved the release of funds to the City of Wilmington to build a convention center in downtown Wilmington. The City has requested the release of such funds. A budget amendment is required (approval of the County Commissioners) in order to disburse the funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve budget amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 05-0243.d REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 169 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment DEPARTMENT: Room Occupancy Tax BUDGET AMENDMENT #: 05-0243 ADJUSTMENT DEBIT CREDIT Appropriated Fund Balance (ROT Fund) $1,752,116 Special Account-Wilmington $1,752,116 EXPLANATION: To establish budget for transferring ROTS - second 3% to the City. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 170 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Additional Item #: 2Estimated Time:Page Number: Department: Parks Presenter: Dave Weaver Contact: Cam Griffin SUBJECT: Fund for Site Selection Study for Parks Land for Parks/Schools Complex in Northern Section of County BRIEF SUMMARY: The recently approved bond referendum will fund a school site in the Northern Section of the County. If the Commissioners want a Parks/School Complex (similar to Veterans Park), the County will be responsible for funding the Parks portion of the complex. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Budget Amendment 05-0244 approving $100,000 for initial Site Study of Parks Land for School/Parks Complex in Northern Section of County. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: Greater than anticipated sales tax revenue will fund the study. There are no funds in the currently proposed FY 05-06 Budget for Parks Development. Funds would need to be appropriated to purchase and develop land for the parks portion of the project. ATTACHMENTS: 05-0244.d REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 and associated budget amendment not to exceed $100,000. 171 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/06/05 Budget Amendment DEPARTMENT: Finance/Parks BUDGET AMENDMENT #: 05-0244 ADJUSTMENT DEBIT CREDIT Finance: Sales Tax 1 Cent $100,000 Parks: Contracted Services $100,000 EXPLANATION: To budget greater than anticipated sales tax revenue for initial site study for parks land to compliment school site for a northern Parks/School campus similar to Veteran's Park. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 172