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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 This page intentionally left blank. 4 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 5 This page intentionally left blank. 6 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. 7 This page intentionally left blank. 8 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 21 This page intentionally left blank. 22 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 27 This page intentionally left blank. 28 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. 29 This page intentionally left blank. 30 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. 31 This page intentionally left blank. 32 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. 49 50 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. 51 52 53 54 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. 55 56 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. 57 58 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. 59 60 61 62 63 This page intentionally left blank. 64 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. 65 66 67 68 69 This page intentionally left blank. 70 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. 71 72 73 74 75 76 77 78 79 This page intentionally left blank. 80 81 This page intentionally left blank. 82 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. 83 84 85 86 87 This page intentionally left blank. 88 89 This page intentionally left blank. 90 91 This page intentionally left blank. 92 93 This page intentionally left blank. 94 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. 95 96 97 This page intentionally left blank. 98 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 99 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0 recommendations from staff, selected William Kopp as the Commissioner representative. 100 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 103 101 This page intentionally left blank. 102 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. 103 104 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. 105 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. 106