Agenda 2005 04-04
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
April 4, 2005 5:30 p.m.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVALOF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Consideration of a Resolution to Declare the Week of April 3-9, 2005 the Week 35
of the Young Child in New Hanover County
5:45 p.m. 2. 37
Consideration of Proclamation Designating the Month of April, 2005
Civitan
Awareness Month
5:50 p.m. 3. Consideration of a Resolution to Proclaim Saturday, April 23, 2005 39
Earth Day
and Promotion of the Earth Day Festival
in New Hanover County
5:55 p.m. 4. 41
Consideration of a Resolution to Proclaim April, 2005
Fair Housing Month in
New Hanover County
6:00 p.m. 5. Consideration of a Proclamation to Declare the Week of April 10-16, 2005 43
National Public Safety Telecommunicators Week in New Hanover County
45
6:05 p.m. 6. Consideration of a Proclamation to Declare the Week of April 17-23, 2005
Appreciation Week for Department of Social Services Employees in New
Hanover County
6:10 p.m. 7. Consideration of Proclamation to Designate the Month of April, 2005 Sexual
47
Assault Awareness Month
6:15 p.m. 8. Consideration of Proclamation to Designate the Month of April, 2005 Child 49
Abuse Prevention Month
51
6:20 p.m. 9. Recognition of Staff Awards at the Cooperative Extension Service
6:25 p.m. 10. Consideration of Request from The Exchange Club of Lower Cape 55
Fear/Wilmington that the County Purchase 100 Flags at $25 Each for Their
Soldier?s Healing Field Project in Memory of the Soldiers Who Have Died
Since September 11, 2001
6:30 p.m. 11. Consideration of Request for Funding for Elderhaus, Inc.57
6:35 p.m. 12.1 Public Hearing59
Special Use Permit (continued from 03/14/05 meeting) ? Request by Mihaly-
Cirello for Charles Joyce for a Special Use Permit for a Convenience Store in
an AR Airport Residential District located on the northern corner of the
intersection of Gordon Road and North Kerr Avenue (S-526, 02/05)
6:55 p.m. 12.2 Public Hearing65
Special Use Permit ? Request by Linda Crafts for a Special Use Permit to
locate a Residential Duplex in an R-10 Residential District located at 605
Shawnee Trail (S-527, 03/05)
7:05 p.m. 12.3 Public Hearing71
Rezoning ? Request by Withers & Ravenel representing Seahawk Properties
LLC, to modify the site plan for an existing CD(I-1) Conditional Use Light
Industrial District located at 2016 Farley Drive (Z-510, 03/05)
7:35 p.m. Break
7:45 p.m. 12.4 Public Hearing83
Rezoning ? Request by LandDesign Inc. for SENCA Properties, LLC to rezone
approximately 71 acres of property located in the 9000 block of Market Street
on the east side between Creekwood Road and the community of Scott?s Hill
from R-15 Residential and CD(O&I) to Conditional Use Neighborhood
Business CD (B-1) and Conditional Use Office & Institutional CD (O&I) for an
ambulatory surgery center, medical offices, professional offices, and retail
complex (Z-795, 03/05)
8:25 p.m. 13. Consideration of Sewer Connection Procedure and Fees ? Ordinance 95
Amendments
8:35 p.m. 14. Consideration of Appointments to the Southeastern Economic Development
99
Commission
8:40 p.m. 15. Meeting of the Water and Sewer District101
8:55 p.m. 16. Non-Agenda Items (limit three minutes)
9:05 p.m. 17. Additional Items
County Commissioners
Clerk to the Board
County Attorney
County Manager
18. Closed Session with the County Manager Discuss a Personnel Matter
9:20 p.m. ADJOURN
Note: Times listed for each item are , and if a preceding item takes less
estimated
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.
8:40 p.m. 1. Non-Agenda Items (limit three minutes)
8:50 p.m. 2. Approval of Minutes103
3
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes7
9
2. Approval of Adoption of Standard SR-2 Resolution Requesting NCDOT
to Add Marsh Oaks Drive, Bayfield Drive, Cumberland Place, Bluffton
Court, and Tarrants Court in Marsh Oaks Subdivision (Division File
No.: 1060-N) to the State Highway System
3. Acknowledgement of New Hanover County School Budget 11
Amendments
15
4. Acknowledgement of School-Based Transportable Dental Unit
5. Approval of 2005 Hazardous Materials Emergency Preparedness
23
(HMEP) Grant
6. Approval to Ratify Submission of Grant Application for 25
Disproportionate Minority Contact Project
Approval of Budget Amendments:
7.1 05-0163 Social Services29
31
7.2 05-0173 Transportation
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Consent Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Consent Agenda - Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Regular Meeting - March 14, 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 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Consent Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Adoption of Standard SR-2 Resolution Requesting NCDOT to Add Marsh Oaks
Drive, Bayfield Drive, Cumberland Place, Bluffton Court, and Tarrants Court in
Marsh Oaks Subdivision (Division File No.: 1060-N) to the State Highway System
BRIEF SUMMARY:
NCDOT recommends the County provide the resolution for their further handling of the road petition.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Letter from NCDOT
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
9
10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Consent Item #: 3Estimated Time:Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
Item Does Not Require Review
SUBJECT:
Acknowledgement of New Hanover County School Budget Amendments
BRIEF SUMMARY:
Following are Budget Amendments that were approved on March 7, 2005, by the Board of Education.
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: Funds transferred from Capital Outlay Budget for Child Nutrition Freezer and College Park
Elementary roof replacement.
ATTACHMENTS:
Budget Transfer Forms (2)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
11
12
13
14
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Consent Item #: 4Estimated Time:Page Number:
Department: Health Presenter: Scott Harrelson
Contacts: Cindy Hewett, Business Manager
SUBJECT:
School-Based Transportable Dental Unit
BRIEF SUMMARY:
This grant application and associated budget amendment were approved by the County Commissioners at
the 05/17/04 Commissioners' meeting. The grant has been awarded and funds accepted. Full dental
staff will be needed: one Dentist (contracted), two Dental Assistants, one Hygienist and one
Administrative Support Technician. Positions will be eliminated if grant funds or fees cease to fund the
program.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
For information purposes only.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions: 4
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
15
16
17
18
19
20
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Consent Item #: 5Estimated Time:Page Number:
Department: Emergency Management Presenters: Wayne Pearce, Emergency Management
Specialist and
Kristen Wingenroth, Administrative Support
Specialist
Contacts: Wayne Pearce, Kristen Wingenroth
SUBJECT:
2005 Hazardous Materials Emergency Preparedness (HMEP) Grant
BRIEF SUMMARY:
The NC Department of Crime Control and Public Safety, Division of Emergency Management has
announced the availability of 2005 Hazardous Materials Emergency Planning Grants in the amount of
$5,000 which are designed to prepare for hazardous materials incidents at fixed facilities or in
transportation. The grant funds may be used for development of site specific facility plans for facilities
with extremely hazardous substances, conducting commodity flow studies to determine routes over which
hazardous materials may be transported or for conducting tabletop or full-scale exercises at fixed facilities
or in transportation. The HMEP Grant funds are available to active Local Emergency Planning
Committees (LEPC) that are formally established and compliant with specific state and federal laws,
including EPCRA sections 301(c) and 303 and NCGS 166A. The New Hanover County LEPC meets all
eligibility requirements for this grant.
The LEPC proposes to conduct a hazardous materials emergency response exercise in cooperation with
UNCW and North Carolina Natural Gas. This is a reimbursable grant. Participation in the grant program
requires that New Hanover County expend local funds, then submit invoices to the NC Division of
Emergency Management for reimbursement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request approval for New Hanover County Emergency Management Director, Warren Lee, to apply for
and accept 2005 HMEP Grant funding in the amount of $5,000 from the NC Department of Crime Control
and Public Safety, Division of Emergency Management. Request approval of associated budget
amendment upon award of grant.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: This is a one time expenditure. There is no local match or requirement for additional County
funding after grant funds are expended.
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
23
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
24
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Consent Item #: 6Estimated Time:Page Number:
Department: Juvenile Day Treatment Center Presenter: Nequan Peartree
Contact: Nequan Peartree
SUBJECT:
Ratify Submission of Grant Application for Disproportionate Minority Contact
Project
BRIEF SUMMARY:
The Disproportionate Minority Contact Project is requesting funds in the amount of $75,157 from
Governor's Crime Commission to continue into the second grant year. Continuation of funding will allow
the project to develop a comprehensive county plan to address the issues of Disproportionate Minority
Contact. This plan will include strategies based on research conducted in the first grant cycle. The project
has one coordinator and will contract with a project evaluator to assist with developing strategies and to
ensure that proper techniques are used to address Disproportionate Minority Contact issues.
The Disproportionate Minority Contact Project (DMC) is currently funded by the Governor's Crime
Commission. We are required to: 1) conduct a study to determine the root causes and risk factors
associated with disproportionate minority contacts in the juvenile justice system; 2) identify gaps in
services to address those causes; and 3) seek to reduce disproportionate minority contacts by modifying
or implementing processes which successfully overcome root causes and risk factors. We anticipate
completion of phases 1 and 2 during the current fiscal year. Funding for FY05/06 will allow us to utilize
data gathered in phases 1 and 2 to complete phase 3. We received notification in March that the
application was due March 31, 2005.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Ratification of grant application to Governor's Crime Commission for the Disproportionate Minority Contact
Project; request acceptance of the grant when awarded, and approval of necessary budget amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: If awarded, the grant cycle will begin November 1, 2005 and will end September 30, 2006.
The County has no funding obligation to support project and position after completion of grant period.
There is no match required for this grant.
ATTACHMENTS:
g
FY 2005-2006 bud
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
25
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
26
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Budget Amendment
Consent Item #: 7.1Estimated Time:Page Number:
DEPARTMENT: Social Services
BUDGET AMENDMENT #: 05-0163
ADJUSTMENT DEBIT CREDIT
Administration:
DSS Admin Grants $26,004
Energy Assistance:
Assistance Payments $26,004
EXPLANATION: To budget additional federal funds received for energy assistance payments.
ADDITIONAL INFORMATION: No additional County funds required.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Budget Amendment
Consent Item #: 7.2Estimated Time:Page Number:
DEPARTMENT: Transportation/Appropriated Fund Balance
BUDGET AMENDMENT #: 05-0173
ADJUSTMENT DEBIT CREDIT
Transportation
DOT-Capital-Federal $51,120
DOT-Capital-State $5,220
General Public Allocation $4,000
DOT-Adm-State $10,059
Capital Outlay $56,800
Motor Vehicles $60,000
Dues and Subscriptions $300
M&R - Equipment $1,800
Printing $500
Training and Travel $1,300
Telephone $1,000
Advertising Cost $900
Contracted Services $5,600
Salaries and Wages $3,586
Appropriated Fund Balance $63,733
EXPLANATION: To adjust Transportation budget to the actual grant award amounts from NCDOT.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Consideration of a Resolution to Declare the Week of April 3-9, 35
2005 the
Week of the Young Child in New Hanover County
5:45 p.m. 2. Consideration of Proclamation Designating the Month of April, 37
2005
Civitan Awareness Month
5:50 p.m. 3. Consideration of a Resolution to Proclaim Saturday, April 23, 2005 39
and Promotion of the Earth
Earth Day in New Hanover County
Day Festival
5:55 p.m. 4. Consideration of a Resolution to Proclaim April, 2005 41
Fair
Housing Month in New Hanover County
6:00 p.m. 5. Consideration of a Proclamation to Declare the Week of April 10-43
16, 2005
National Public Safety Telecommunicators Week in New
Hanover County
6:05 p.m. 6. Consideration of a Proclamation to Declare the Week of April 17-45
23, 2005
Appreciation Week for Department of Social Services
Employees in New Hanover County
6:10 p.m. 7. Consideration of Proclamation to Designate the Month of April, 47
2005
Sexual Assault Awareness Month
6:15 p.m. 8. Consideration of Proclamation to Designate the Month of April, 49
2005
Child Abuse Prevention Month
6:20 p.m. 9. Recognition of Staff Awards at the Cooperative Extension Service 51
6:25 p.m. 10. Consideration of Request from The Exchange Club of Lower Cape 55
Fear/Wilmington that the County Purchase 100 Flags at $25 Each
for Their Soldier?s Healing Field Project in Memory of the Soldiers
Who Have Died Since September 11, 2001
6:30 p.m. 11. Consideration of Request for Funding for Elderhaus, Inc. 57
6:35 p.m. 12.1 Public Hearing 59
Special Use Permit (continued from 03/14/05 meeting) ? Request
by Mihaly-Cirello for Charles Joyce for a Special Use Permit for a
Convenience Store in an AR Airport Residential District located on
the northern corner of the intersection of Gordon Road and North
Kerr Avenue (S-526, 02/05)
6:55 p.m. 12.2 Public Hearing 65
Special Use Permit ? Request by Linda Crafts for a Special Use
Permit to locate a Residential Duplex in an R-10 Residential District
located at 605 Shawnee Trial (S-527, 03/05)
33
7:05 p.m. 12.3 Public Hearing 71
Rezoning ? Request by Withers & Ravenel representing Seahawk
Properties LLC, to modify the site plan for an existing CD(I-1)
Conditional Use Light Industrial District located at 2016 Farley
Drive (Z-510, 03/05)
7:35 p.m. Break
7:45 p.m. 12.4 Public Hearing 83
Rezoning ? Request by LandDesign Inc. for SENCA Properties,
LLC to rezone approximately 71 acres of property located in the
9000 block of Market Street on the east side between Creekwood
Road and the community of Scott?s Hill from R-15 Residential and
CD(O&I) to Conditional Use Neighborhood Business CD (B-1) and
Conditional Use Office & Institutional CD (O&I) for an ambulatory
surgery center, medical offices, professional offices, and retail
complex (Z-795, 03/05)
8:25 p.m. 13. Consideration of Sewer Connection Procedure and Fees ? 95
Ordinance Amendments
8:35 p.m. 14. Consideration of Appointments to the Southeastern Economic 99
Development Commission
8:40 p.m. 15. Meeting of the Water and Sewer District 101
8:55 p.m. 16. Non-Agenda Items (limit three minutes)
9:05 p.m. 17. Additional Items
County Commissioners
Clerk to the Board
County Attorney
County Manager
9:20 p.m. ADJOURN
Note: Times listed for each item are , and if a preceding
estimated
item takes less time, the Board will move forward until the
agenda is completed.
34
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 1Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Consideration of a Resolution to Declare the Week of April 3-9, 2005 the Week of
the Young Child in New Hanover County
BRIEF SUMMARY:
Beth Bowen, Family Services Coordinator with New Hanover County Partnership for Children, has
submitted the attached resolution for consideration.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
g Child 05
Week of the Youn
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
35
36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Commissioner Nancy Pritchett
Contact: Marty Pridgen
SUBJECT:
Consideration of Proclamation Designating the Month of April, 2005 Civitan
Awareness Month
BRIEF SUMMARY:
The Board of Commissioners is requested to adopt a Proclamation designating the month of April, 2005
as Civitan Awareness Month, in recognition of the activities Civitan Clubs perform worldwide, and
especially of the Wilmington Civitan Club. The club will be working during the month of April to promote
meaningful involvement in community activities for Special Olympics, disabled citizens, college
scholarships, and community beautification projects.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of Proclamation
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
proclamation-Civitan
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
37
38
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 3Estimated Time:Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
SUBJECT:
Consideration of a Resolution to Proclaim Saturday, April 23, 2005 "Earth Day" in
New Hanover County and Promotion of the Earth Day Festival
BRIEF SUMMARY:
Earth Day 2005 will be celebrated on Saturday, April 23rd from Noon to 6 PM at Hugh MacRae Park. The
theme for this year is "The Power of Information: Turn it on!" The theme was chosen to reflect the growing
demand for alternative energy sources as well as the importance of information in empowering people to
make wise energy choices. Environmental issues, such as gardening and lawn care, water quality, re-use and
recycling, alternative transportation and others will be addressed throughout the event. Highlights of the event
include: live music from local bands, displays by local environmental groups, demonstration projects, guest
speakers, green building awards, poster/art/photo contests, games, and lots of fun and interesting things for
all to enjoy.
Organizing Sponsors: City of Wilmington, Storm Water Services, New Hanover County Soil and Water
Conservation District, New Hanover County, Progress Energy, Cape Fear River Watch, Surfrider Foundation,
UNCW Eco Club, Tidal Creek Food Coop, and the Mellow Mushroom.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Read and sign the attached resolution Proclaiming Saturday, April 23, 2005 "EARTH DAY" and recognize
the Earth Day Festival commemorating the occasion.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
resolution 20
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
39
40
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 4Estimated Time:Page Number:
Department: Human Relations Presenters: Carl Byrd, Sr., Director and/or Marla Rice-Evans,
Chairperson
Contact: Carl A. Byrd, Sr.
Item Does Not Require Review
SUBJECT:
Fair Housing Month
BRIEF SUMMARY:
The New Hanover Human Relations Commission Members requested to proclaim April, 2005 "Fair
Housing Month".
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the Proclamation
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
FHPro2005.wp
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
41
42
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 5Estimated Time:Page Number:
Department: Public Safety Communications Center Presenters: Steve Smith and Brenda Hewlett
Contact: Mark Boyer
Item Does Not Require Review
SUBJECT:
Consideration of a Proclamation to Declare the Week of April 10-16, 2005 National
Public Safety Telecommunicators Week in New Hanover County
BRIEF SUMMARY:
Each year the second full week of April is dedicated to the men and women who serve as public safety
telecommunicators. A proclamation is attached for your approval.
Steve Smith, Director of the Public Safety Communications Center and Brenda Hewlett,
Telecommunications Supervisor, will be present to receive the proclamation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
RESOLUTION telecommunicators wee
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
43
44
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 6Estimated Time:Page Number:
Department: DSS Presenter: LaVaughn Nesmith
Contact: LaVaughn Nesmith
SUBJECT:
County Social Services Employee Appreciation Week
BRIEF SUMMARY:
Traditionally, Social Services employees have been recognized for a week during April.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Board of Social Services recommends that the attached proclamation be adopted by the Board of
County Commissioners.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
ppreciateproclaimC
A
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: Approve
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
45
46
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 7Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation to Designate the Month of April 2005 Sexual
Assault Awareness Month
BRIEF SUMMARY:
Jennifer Stancil, Rape Crisis Center Supervisor at Coastal Horizons Center, has submitted the attached
proclamation for your consideration.
The following staff from Coastal Horizons Center, Inc. are present today:
Amy Feath, Crisis Intervention Services Director
Shemekka Miles, Advocate/Educator
Carrie Randa, Counselor/Advocate
Jennifer Stancil, Supervisor
Carol Hammack, Victim Service Coordinator
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend adoption.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Sexual Assault Awareness Month P
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
47
48
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 8Estimated Time:Page Number:
Department: DSS Presenter: LaVaughn Nesmith
Contact: LaVaughn Nesmith
SUBJECT:
Child Abuse Prevention Month
BRIEF SUMMARY:
Traditionally, the Governor declares April Child Abuse Prevention Month.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Board of Social Services recommends that the attached proclamation be adopted by the Board of
County Commissioners.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
o
CHABPREV05.d
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 9Estimated Time:Page Number:
Department: Cooperative Extension Service Presenter: Melissa Hight
Contact: Melissa Hight
Item Does Not Require Review
SUBJECT:
Staff Awards
BRIEF SUMMARY:
Two of our New Hanover County Cooperative Extension Agents have recently received state-wide
recognition. David Nash, Area Specialized Agent - Coastal Management, received the "Conservation
Educator of the Year" award from the North Carolina Wildlife Federation. Matt Martin, Area Specialized
Agent - Turf Management, received the "Outstanding Service and Contributions to the North Carolina
Turfgrass Industry" award from the NC Turfgrass Council.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recognize and congratulate two Extension Agents that received awards
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize awards.
COMMISSIONERS' ACTIONS/COMMENTS:
Recognized awards received by David Nash and Matt Martin.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 10Estimated Time:Page Number:
Department: Governing Body Presenter: Chairman Bobby Greer
Contact: Sheila Schult
SUBJECT:
Consideration of Request from The Exchange Club of Lower Cape
Fear/Wilmington that the County Purchase 100 Flags at $25 Each for Their
Soldier's Healing Field Project in Memory of the Soldiers Who Have Died Since
September 11, 2001
BRIEF SUMMARY:
The Exchange Club of Lower Cape Fear/Wilmington, a non-profit community service organization,
requests County assistance for their Soldier's Healing Field, which will be displayed at the Battleship May
28-30, 2005. The project will display over 1,600 American flags in remembrance of soldiers who have lost
their lives in Iraq and Afghanistan during the war since September 11, 2001. The County is requested to
purchase at least 100 flags at $25 each, for a total of $2,500.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
copy of letter from Betsy K. Cromartie, President of the Exchange Club of Lower Cape Fear/Wilmington
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider request.
COMMISSIONERS' ACTIONS/COMMENTS:
Motion to fund 10 flags for the 10 New Hanover County employees that have served in Iraq was approved
3-1, Caster dissenting.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 11Estimated Time:Page Number:
Department: County Manager Presenter: Linda Pearce
Contact: Allen O'Neal
SUBJECT:
Consideration of Request for Funding for Elderhaus, Inc.
BRIEF SUMMARY:
Linda A. Pearce, Executive Director of Elderhaus, Inc., will make a presentation to the Board of
Commissioners. She wishes to request $5,000 per month in funding for the remaining three months of
the current fiscal year (2004-2005).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider request.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider request. Recommend funding.
COMMISSIONERS' ACTIONS/COMMENTS:
Item tabled 4-0 until the next meeting at which time requested information will be presented.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 12.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case S-526, 02/05 (Continued from 3/14/05 CC Meeting) Special Use Permit
request for a convenience store in an AR Airport Residential District
BRIEF SUMMARY:
Special Use Permit request by Mihaly-Cirello representing Charles Joyce for a special use permit for a
Convenience Store in an AR Airport Residential District located in the northern corner of the intersection of
Gordon Road and North Kerr Avenue. The Board of Commissioners voted at the March 14 meeting to
table the request to allow the petitioner time to work with a neighboring property owner to address his
concerns.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Planning Board recommends approval with no gasoline sales by a vote of 7-0.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-526 findings of S-526 Pet Sum
2 maps
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0 based on the agreement reached between the parties and existing conditions.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 12.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case S-527, 03/05 Special Use Permit request to locate a residential duplex in R-
10 Residential District
BRIEF SUMMARY:
Request by Linda Crafts for a Special Use Permit to locate a residential duplex in a R-10 Residential
District located at 605 Shawnee Trail.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Planning Board recommends approval 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:
g of FS-527 Pet Sum
S-527 Findin
2 maps
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 12.3Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case Z-510, 03/05 Rezoning request to modify the site plan for an existing CD(I-1)
Conditional Use Light Industrial District
BRIEF SUMMARY:
Request by Withers & Ravenel representing Seahawk Properties LLC to modify the site plan for an
existing CD(I-1) Conditional Use Light Industrial District located at 2016 Farley Drive.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Planning Board recommends approval with a 35' setback from the Capital Drive Right of Way 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-510 AddendumZ-510 Pet SumZ-510 Sum.d
3 maps
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Item continued until next month 4-0 so that applicant may receive a decision from the Board of
Adjustment.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 12.4Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case Z-795, 03/05 Rezoning request to rezone approximately 71 acres of property
located in the 9000 block of Market Street from R-15 Residential and CD(O&I) to
Conditional Use Neighborhood Business CD(B-1) and Conditional Use Office and
Institutional CD(O&I)
BRIEF SUMMARY:
Request by LandDesign Inc. for SENCA Properties, LLC to rezone approximately 71 acres of property
located in the 9000 block of Market Street on the east side between Creekwood Road and the community
of Scott's Hill from R-15 Residential and CD(O&I) to Conditional Use Neighborhood Business CD(B-1) and
Conditional Use Office & Institutional CD (O&I) for an ambulatory surgery center, medical offices,
professional offices, and retail complex (Z-795, 03/05).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Planning Board recommends approval of only the ambulatory surgery center & adjacent ponds by a
vote of 3-2.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
Z-795 Sum.dZ-795 Preliminary Staff
Z-795 Pet Sum
3 maps
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Motion approved 4-0 to rezone the 6+ acres as requested, in lieu of 3.36 acres, which will revert back to
R-15, to be used for the ambulatory surgery center. The conditional use permit was approved 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 13Estimated Time:Page Number:
Department: Legal Presenter: Greg Thompson, County Engineer
Contacts: Kemp P. Burpeau, Deputy County Attorney and
Greg Thompson, County Engineer
SUBJECT:
Sewer Connection Procedure and Fees - Ordinance Amendments
BRIEF SUMMARY:
Staff is in the process of thoroughly reviewing the existing utilities section of the County Code to enhance
District delivery of service. The review process is anticipated to take several months. In the interim, staff
is requesting the Board to approve the amendments of the following sections of the utilities ordinance:
Amend Section 56-312 to clarify that when an owner has a sewer tap installed, the owner must use a
licensed utility contractor.
Amend Section 56-315 to set forth charges for sewer tap installation in keeping with current actual
costs, and to clarify costs in a situation where the owner, rather than District, has the tap installed.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider and approve the recommended ordinance amendments. Should the approval not be
unanimous, the request will need to be presented for a second reading at the April 18th Board meeting.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
pter56-312(a)&AppendixBAm
Cha
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Regular Item #: 14Estimated Time:Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Consideration of Appointments to the Southeastern Economic Development
Commission
BRIEF SUMMARY:
Leon Martin, Executive Director of the Southeastern Economic Development Commission in
Elizabethtown, NC, has informed the office that the Board of Commissioners should appoint four board
members to represent New Hanover County on the SEDC. The full board of SEDC only meets once
annually (usually the third or fourth week in April). The executive committee meets monthly at the SEDC
office in Elizabethtown on the fourth Tuesday of each month. The other counties appoint one elected
official (usually a county commissioner), and the other members are appointed based on their interest in
improving economic development in their county. Most of the executive committee is made up of the
Economic Development Directors from their counties. Scott Satterfield with Wilmington Industrial
Development has agreed to serve in that capacity. One of the members must be a minority.
Terms are for four years. Mr. Martin suggested that the members' terms be staggered, one coming up
each year over four years and that Scott Satterfield, as the executive committee member, should be the
one appointed to the four year term.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Based on staff discussions with the SEDC, staff recommends that the Board appoint the following
individuals from the economic development community:
Scott Satterfield, Wilmington Industrial Development, as the Executive Committee member to a 4
year term.
Connie Majure-Rhett, Chamber of Commerce, to a 3 year term
Louis Rogers, Chairman of Partners for Economic Inclusion, to a 2 year term
County Commissioner or other elected official to a 1 year term
SEDC bylaws are available for review in the County Manager's office.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
SEDC Bylaws
ITEM DOES NOT REQUIRE REVIEW
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COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0 recommendations from staff, selected William Kopp as the Commissioner representative.
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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.
8:40 p.m. 1. Non-Agenda Items (limit three minutes)
8:50 p.m. 2. Approval of Minutes 103
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Water & Sewer Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Water & Sewer District - Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Regular Meeting - March 14, 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 4-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/04/05
Additional Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: William A. Kopp, Jr.
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Consideration of a Motion for Consolidation of Water and Sewer Services
BRIEF SUMMARY:
Commissioner Kopp made the attached motion for consolidation of water and sewer services of the City of
Wilmington and New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
d
Motion for Consoli
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
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Motion for Consolidation
Water and Sewer Services
Commissioner Kopp
April 4, 2005 Board Meeting
In recognition that the County and City are one community, and in order to provide more efficient
and effective water and sewer services, I make a motion to proceed with the consolidation of the
water and sewer systems of New Hanover County and the City of Wilmington.
I further move that a committee of four elected officials, two from the County Commissioners and
two from the City Council, be appointed at the first meetings in May of the City Council and County
Commissioners to develop the plan for consolidation.
The committee should complete the plan for the consolidation by October 31, 2005 with an
implementation date of January 1, 2006.
Vice-Chairman Caster seconded the motion. Upon vote, the motion carried 4 to 0. Chairman Greer
was absent due to illness.
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