Agenda 2005 03-14
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
March 14, 2005 2:00 p.m.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVALOF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
2:15 p.m. 1. Presentation of New Hanover County Service Awards59
2:25 p.m. 2. Presentation of Distinguished Budget Presentation Award, with Special Capital 61
Recognition and Special Performance Measures Recognition for the Fiscal
Year Beginning July 1, 2004
2:30 p.m. 3. Consideration of Proclamation Recognizing May 7, 2005 as the Thirtieth 65
Anniversary of the Official End of the Vietnam War
2:35 p.m. 4. Consideration of Proclamation to Recognize April 5, 2005 as Wilmington 67
Rotary Club Day
2:40 p.m. 5. Consideration of Creation of a Gang Task Force69
2:55 p.m. 6. Consideration of Coast Line Convention Center?s Request for Support71
3:05 p.m. 7. Consideration of Approval of Buy/Sell Agreement and Associated Budget 77
Amendment for Purchase of Market Place Mall
85
3:20 p.m. 8. Consideration of a Proposed Joint Public Safety Training Facility
3:35 p.m. 9. Consideration of 800 MHz Radio System Upgrade Project93
3:50 p.m.
Break
4:00 p.m. 10. Consideration of Request by Carl Valente for Removal of Restrictive 133
Covenants
141
4:10 p.m. 11. Committee Appointments
4:20 p.m. 12. Meeting of the Water and Sewer District217
4:45 p.m. 13. Non-Agenda Items (limit three minutes)
4:55 p.m. 14. Additional Items
County Commissioners
Clerk to the Board
County Attorney
County Manager
5:05 p.m. 15. Public Hearing169
and Consideration of Approval to Submit a Joint Application with the City of
Wilmington for 2005 Justice Assistance Grant (JAG) Funding from the U. S.
Department of Justice
5:15 p.m. 16.1 Public Hearing175
Rezoning ? Request by Tim Turner for Francisco Blanco to expand the site
plan for an existing CD(B-1) Conditional Use Neighborhood Business District
located at 115 Cathay Road and also having frontage on Carolina Beach Road
(Z-521, 12/94, 01/05)
5:30 p.m. 16.2 Public Hearing183
Rezoning ? Request by Withers & Ravenel for Dan Phelps to rezone
approximately 5.0 acres of property located at 4702 South College Road
between the Vineyard Church and Still Meadow Village Apartments from
CD(B-2) Conditional Use Highway Business to R-15 Residential
(Z-790, 01/05)
5:50 p.m. 16.3 Public Hearing187
Special Use Permit ? Request by Withers & Ravenel representing Maurice
Emmart et al for approval of a High Density Residential Development in an
R-15 Residential District located at 4702 South College Road between the
Vineyard Church and Still Meadow Village Apartments (S-525, 01/05)
6:05 p.m.
Break
6:25 p.m. 16.4 Public Hearing191
Rezoning ? Request by James Freeman to rezone approximately 0.31 acres of
property located at 5016 Carolina Beach Road south of Silver Lake Road from
R-15 Residential to B-2 Highway Business (Z-791, 02/05)
6:35 p.m. 16.5 Public Hearing195
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 (S-526, 02/05)
7:00 p.m. 17. Public Hearings on the 2005 Issue of School and Community College Bonds201
7:30 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.
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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.
4:20 p.m. 1. Non-Agenda Items (limit three minutes)
4:30 p.m. 2. Approval of Minutes219
4:35 p.m. 3. Consideration of Resolution for Condemnation for Sewer Easement221
Tax Parcel No. R07620-001-003-000
Lee Property ? Myrtle Grove Road
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes7
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2. Approval to Enter Into the Minutes an Order Granting A Special Use Permit
Requested by Inland Harbour Properties, LLC, #S-515, for an Indoor/Outdoor
Recreation and Day Care Facility
3. Approval of a Resolution to Request Membership in the Southeastern Economic
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Development Commission (SEDC)
4. Approval of Contract for Bird Management and Monitoring for the Mason Inlet 15
Relocation Project
5. Approval of Grant Application for the Criminal Justice Partnership Program
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(CJPP) FY2005-2006
6. Approval of 2005 Homeland Security Grant Application25
7. Approval of Bank of America Commercial Segment Deposit Account Signature 31
Card for New Hanover County Detention Facility Inmate Escrow Account
8. Approval of Bank of America Commercial Segment Deposit Account Signature 35
Card
9. Approval of Grant Application to the Institute of Museum and Library Sciences 39
(IMLS) for a 21st Century Museum Professionals Grant to Fund Three Years of
Conservation Seminars
10. Approval of Grassroots Arts Grant Application43
11. Approval to Budget Additional Funds Received for the Sheriff?s Office With45
Budget Amendments 2005-38 and 2005-40
Approval of Budget Amendments:
12.1 05-0149 Social Services49
51
12.2 05-0157 Health
12.3 05-0158 Health53
12.4 05-0160 Emergency Management55
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
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 - February 21, 2005
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 2Estimated Time:Page Number:
Department: Legal Presenter: Holt Moore, Assistant County Attorney
Contact: Holt Moore, Assistant County Attorney
SUBJECT:
Approval to Enter Into the Minutes an Order Granting a Special Use Permit Requested by
Inland Harbour Properties, LLC, #S-515, for an Indoor/Outdoor Recreation and Day Care
Facility
BRIEF SUMMARY:
This is a formality only. Per the Order of Judge Hockenbury the Special Use Permit has been granted. The Clerk to the
Board of County Commissioners needs the Permit to be noted in the minutes of a regular meeting for indexing purposes.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Direct the Clerk to the Board to include in the minutes of this meeting a notation that the Special Use Permit has been
granted.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Order for Special Use Permit
REVIEWED BY:
LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 3Estimated Time:Page Number:
Department: County Manager Presenter: Dave Weaver
Contact: Dave Weaver
SUBJECT:
Approval of a Resolution to Request Membership in the Southeastern Economic Development
Commission (SEDC)
BRIEF SUMMARY:
Attached is a resolution requesting membership in the SEDC in order to be eligible for Economic Development
Administration (EDA) funding. As discussed at the February 21 board meeting, the County will be required to pay
$7,526.50 in back dues and will be billed quarterly next year for annual dues of $17,634.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Based on the Board's direction at the last meeting, staff recommends that the Commissioners adopt the attached
resolution.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
n
SEDC Resolutio
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 4Estimated Time:Page Number:
Department: County Manager Presenter: Max Maxwell
Contact: Dave Weaver/Max Maxwell
SUBJECT:
Approval of Contract for Bird Management and Monitoring for the Mason Inlet Relocation
Project
BRIEF SUMMARY:
Permit conditions for the Project require management of the Bird Conservation and nesting area on Shell Island, and
monitoring for all of Wrightsville Beach and Figure Eight Island. Presently, the Audubon Society and Dr. David Webster,
UNCW, have performed both of these tasks for New Hanover County. The combined cost for these conditions that were
approved on 11-17-03 for last year was $49,393.00. The combined cost for this year is $50,106.60.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The staff recommends the Commissioners approve the proposals and fund them as stated above. The proposal from the
Audubon Society for $19,213.60 is to provide management and the proposal from UNCW for $30,893.00 is to provide
monitoring. As was done last year, funding for the Audubon proposal can be split with $9,606.80 from the General Fund,
and $9,606.80 to be paid by the Room Occupancy Tax (ROT) Fund and then assessed to the benefitting property owners.
The bird monitoring work can be paid completely from the ROT Fund and assessed to the property owners.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
0Masons Inlet Mgmt Proposa
Mason Inlet 20
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 5Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Patricia A. Melvin
SUBJECT:
Approval of Grant Application for Criminal Justice Partnership Program (CJPP) FY 2005-2006
BRIEF SUMMARY:
The CJPP is part of the State of NC Department of Corrections. Grant funding in the amount of $141,515 is provided
annually to cover the cost of the Day Sentencing program ($124,000) and partially fund the Pretrial Release program
($17,515). There is no required County match for these funds. The Pretrial Release program is coordinated through the
County Manager's Office, while the Day Sentencing Center is operated through a contract with Coastal Horizons. These
programs are designed to reduce recidivism rates, reduce the number of probation revocations, reduce alcoholism and
other drug dependencies among offenders, and reduce the cost of incarceration to the state and the counties.
The Pretrial Release program saves the County hundreds of thousands of dollars through reduced jail cost. With the rising
numbers of inmates this program will continue to be more and more valuable to the County and the courts. Without the
Pretrial Release program, our jail would have 100 more inmates per day over the current level. The program works directly
with the courts in identifying inmates who qualify for pretrial release via electronic monitoring and intensive case
management.
The Day Sentencing Center provides the judges with an intermediate sentencing option for those sentenced to lesser
crimes, saving the valuable prison space for dangerous felons. The caseload for this program is 60, with as many as 120
clients being served each year.
The CJP Board will consider submission of this plan to the State at the March 11, 2005 meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of grant application; request acceptance of the grant when awarded and approval of necessary
budget amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
A copy of the Application for Continuation of Implementation Funding for FY 2005-2006 is available for review in the County
Manager's Office.
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REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 6Estimated Time:Page Number:
Department: Emergency Management Presenter: Warren Lee
Contact: Warren Lee
SUBJECT:
2005 Homeland Security Grant
BRIEF SUMMARY:
New Hanover County Emergency Management would like to request approval to apply for 2005 State Homeland Security
Grant funds for a regional communications interoperability project that will provide local first responders in bordering
jurisdictions in New Hanover, Brunswick, and Pender Counties with immediate communications interoperability capability on
mutual aid missions. Under the State's 2005 grant funding criteria, only those projects that are VIPER infrastructure
compliant and that establish regional partnerships in communications interoperability will be considered for funding. The
deadline for submitting applications is March 25, 2005. A committee comprised of representatives from local emergency
response agencies in New Hanover, Brunswick, and Pender counties was convened to explore options for creating
communications interoperability among those agencies and departments that respond together almost daily. The
committee recommended the placement of VIPER-compliant 800 MHz radios in apparatus operated by those bordering
agencies as an immediate solution. The following equipment will be required to create the VIPER-compliant capability
necessary to address the immediate needs of the response agencies: 210 - Motorola XTS 2500 Model III portable radios at
an estimated total cost of $675,360 and 11 Motorola XTL 5000 Model III mobile radios at an estimated total cost of $55,000.
Radios will be placed in first response units from the following agencies: New Hanover County - Ogden Fire Department,
Castle Hayne Fire Department, NHC Fire Station 51, New Hanover Regional EMS, New Hanover County Sheriff's Office,
New Hanover County Emergency Management; Brunswick County - Leland Fire and Rescue, Nevassa Fire and Rescue,
Northwest Fire and Rescue, Brunswick County Sheriff's Office, Brunswick County Emergency Management; Pender County
- Long Creek Fire Department, Rocky Point Fire Department, Hampstead Fire Department, Pender County EMS, Pender
County Sheriff's Office, and Pender County Emergency Management. Common talk groups will be established for those
agencies affected.
Consideration is also being given to conducting one or more regional exercises, establishing a regional Rapid Intervention
Team in local fire departments, and purchasing an additional apparatus to pull existing regional response team trailers, but
details are incomplete at this time. I request flexibility to apply for these additional capabilities and accept funding if
awarded.
These projects are entered into with the understanding that this is a reimbursable grant, as other Homeland Security Grants
have been. I request permission to proceed immediately with the applications for each of these projects, given the short
time for submittal.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve request to apply for and accept 2005 State Homeland Security Grant funds and approval of necessary budget
amendment, if awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
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ATTACHMENTS:
FY 2005 HSGP.P
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 7Estimated Time:Page Number:
Department: Finance Presenter: Bruce T. Shell
Contact: Bruce T. Shell
SUBJECT:
Bank of America Commercial Segment Deposit Account Signature Card for New Hanover
County Detention Facility Inmate Escrow Account
BRIEF SUMMARY:
Changes in Bank of America Commercial Segment Deposit Account Signature Card for New Hanover County Detention
Facility Inmate Escrow Account as follows:
Adding: Lt. Jeffrey H. Tripp, Captain Clarence A. Hayes, and Lt. Lise A. Ruefle
Deleting: Sgt. Wayne Bailey
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend the Commissioners approve the changes to the Bank of America signature card for the New Hanover County
Detention Facility Inmate Escrow Account.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Bank of America Commercial Segment Deposit Account Signature Card
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 8Estimated Time:Page Number:
Department: Finance Presenter: Bruce T. Shell
Contact: Bruce T. Shell
SUBJECT:
Bank of America Commercial Segment Deposit Account Signature Card
BRIEF SUMMARY:
Attached Bank of America Commercial Segment Deposit Account Signature Card for New Hanover County DSS trust
client.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend the Board of Commissioners approve the Bank of America Commercial Segment Deposit Account Signature
Card for this dedicated savings account.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Bank of America Commercial Segment Deposit Account Signature Card
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 9Estimated Time:Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Grant Application to the Institute of Museum and Library Services (IMLS) for a 21st Century
Museum Professionals Grant to Fund Three Years of Conservation Seminars
BRIEF SUMMARY:
The IMLS 21st Century Museum Professionals Grant is a new program designed to assist professional development
regionally and to help small Museums. Cape Fear Museum is proposing to sponsor three programs each year for three
years that will bring together regional museum professionals, volunteers, and serious collectors to learn from conservators
about best practices in the care and handling of specific types of material culture. While meeting the goals of the grant to
serve a broad region and small museums, Cape Fear Museum staff and professionals will also benefit from this
opportunity. The Museum will take advantage of the expertise present to offer three public programs which will also be
video-taped for viewing on New Hanover County Cable TV.
The project fits with the Museum's visions to practice good stewardship of its collection, to offer quality programs, to be a
gateway experience for the region, and to diversify funding sources. The total three-year cost for the project is budgeted at
$59,532. Cape Fear Museum will meet 66% of its match through in-kind sources while a $1,924 cash match each year will
come from supplies and advertising; years 2 & 3 include funding for a summer intern with the cash match coming from
CFMA, Inc.; $4,500 is generated from participant fees to cover the cost of lunch for 50 participants at each of three
seminars annually.
If approved, the grant is expected to begin October 1, 2005. The County has no funding obligation after completion of the
grant period.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of grant application by Cape Fear Museum to the Institute of Museum and Library Services for a 21st Century
Museum Professionals Grant to fund three years of Conservation Seminars and programs. Request acceptance of the
grant and approval of necessary budget amendment, if awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Funding has been requested for an intern @ 30 hours a week for 12 weeks during years 2 and 3 of the grant;
the match to fund the intern will come from CFMA, Inc. The position will not be funded beyond the terms of the grant.
ATTACHMENTS:
get
5 0223 21st C Grant Bud
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REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 10Estimated Time:Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Grassroots Arts Grant
BRIEF SUMMARY:
Cape Fear Museum (CFM) requests to apply as the designated partner for sub-granting the funds designated to New
Hanover County for Grassroots Arts Grants.
Cape Fear Museum will serve as the applicant to be designated partner to manage the Grassroots Arts Grants distributed
by the North Carolina Arts Council to New Hanover County. CFM will request the amount of $21,362 with 90% to be
distributed as sub-grants to county 501(c)(3) arts organizations who meet review standards established by an objective
committee of reviewers. Ten per cent (10%) will be requested by CFM to offset costs of administration with an intern from
the UNCW Public Administration graduate program. Ruth Haas, Museum Director, will be the designated manager. She
will work with Dottie Spruill to issue the checks and account for the dollars in the final report.
The grant management activities will be coordinated with the Greater Wilmington Arts & Cultural Alliance (GWACA) with the
expectation that this organization will be in position to assume responsibilities for the grant administration in another year.
GWACA has applied for 501(c)(3) status and is currently establishing independent financial status.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend New Hanover County Board of Commissioners approve application for funds, acceptance if funded, and
related budget amendment, if grant is approved.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: There is an expectation that the 10% of the grant designated for administration will fund a graduate student
intern working for the Museum for 200 hours @ $10. The intern assignment will be to organize and manage the front end
of the sub-granting and help to collect information and write the final grant report. The County assumes
responsibility/liability for the funds passed on to sub-grantees.
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
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COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Consent Item #: 11Estimated Time:Page Number:
Department: Sheriff's Office Presenter: Sheriff Sid Causey
Contact: Sheriff Sid Causey
SUBJECT:
To Budget Additional Funds Received for the Sheriff's Office
BRIEF SUMMARY:
2005-38 - Controlled Substance Tax
2005-40 - Federally Forfeited Property
RECOMMENDED MOTION AND REQUESTED ACTIONS:
To approve the attached Budget Amendments.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
2005-40.d
2005-38.d
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Budget Amendment
DEPARTMENT: Sheriff
BUDGET AMENDMENT #: 2005-38
ADJUSTMENT DEBIT CREDIT
Controlled Substance Tax:
Controlled Substance Tax $2,320
Capital Project Expense $2,320
EXPLANATION: To budget for additional revenue received on February 24, 2005.
ADDITIONAL INFORMATION: Controlled Substance Tax funds are budgeted as received and must be used for law
enforcement as the Sheriff deems necessary.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Budget Amendment
DEPARTMENT: Sheriff
BUDGET AMENDMENT #: 2005-40
ADJUSTMENT DEBIT CREDIT
Federally Forfeited Property:
Other $5,375
Capital Project Expense $5,375
EXPLANATION: To budget insurance proceeds of $5,375 received for a total loss vehicle.
ADDITIONAL INFORMATION: The total loss vehicle was purchased with Federally Forfeited Property funds;
therefore, the insurance proceeds should be budgeted in Fund 348.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Budget Amendment
Consent Item #: 12.1Estimated Time:Page Number:
DEPARTMENT: Social Services
BUDGET AMENDMENT #: 05-0149
ADJUSTMENT DEBIT CREDIT
Administration:
DSS Administration Grants $73,425
Energy Assistance:
Assistance Payments $73,425
EXPLANATION: To budget additional allocations of federal dollars from the state.
ADDITIONAL INFORMATION: No additional County dollars required.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Budget Amendment
Consent Item #: 12.2Estimated Time:Page Number:
DEPARTMENT: Health
BUDGET AMENDMENT #: 05-0157
ADJUSTMENT DEBIT CREDIT
Environmental Health:
Childhood Lead Poisoning $3,000
Departmental Supplies $3,000
EXPLANATION: To budget additional state grant funding to be used to support the Childhood Lead Poisoning
Prevention Program.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Budget Amendment
Consent Item #: 12.3Estimated Time:Page Number:
DEPARTMENT: Health
BUDGET AMENDMENT #: 05-0158
ADJUSTMENT DEBIT CREDIT
Women's Preventive Health:
State Grant $6,717
Departmental Supplies $6,717
EXPLANATION: To budget additional state grant funding to be used to support the Family Planning Program for
approved Family Planning expenses to include higher than anticipated cost of contraceptives.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Budget Amendment
Consent Item #: 12.4Estimated Time:Page Number:
DEPARTMENT: Emergency Management
BUDGET AMENDMENT #: 05-0160
ADJUSTMENT DEBIT CREDIT
Emergency Management:
COPS Grant $62,500
Departmental Supplies $62,500
EXPLANATION: To budget funds for COPS Technology Grant from US Department of Justice, Office of
Community Oriented Policing Services. Grant is for moving first responder communications to a state of
interoperability.
ADDITIONAL INFORMATION: Request Commissioners accept grant and approve budget amendment. Copy of
grant award letter is attached.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
2:15 p.m. 1. Presentation of New Hanover County Service Awards 59
2:25 p.m. 2. Presentation of Distinguished Budget Presentation Award, with Special Capital 61
Recognition and Special Performance Measures Recognition for the Fiscal
Year Beginning July 1, 2004
2:30 p.m. 3. Consideration of Proclamation Recognizing May 7, 2005 as the Thirtieth 65
Anniversary of the Official End of the Vietnam War
2:35 p.m. 4. Consideration of Proclamation to Congratulate Rotary International on its 67
Centennial Year
2:40 p.m. 5. Consideration of Creation of a Gang Task Force 69
2:55 p.m. 6. Consideration of Coast Line Convention Center?s Request for Support 71
3:05 p.m. 7. Consideration of Approval of Buy/Sell Agreement and Associated Budget 77
Amendment for Purchase of Market Place Mall
3:20 p.m. 8. Consideration of a Proposed Joint Public Safety Training Facility 85
3:35 p.m. 9. Consideration of 800 MHz Radio System Upgrade Project 93
3:50 p.m.
Break
4:00 p.m. 10. Consideration of Request by Carl Valente for Removal of Restrictive 133
Covenants
4:10 p.m. 11. Committee Appointments 141
4:20 p.m. 12. Meeting of the Water and Sewer District 217
4:45 p.m. 13. Non-Agenda Items (limit three minutes)
4:55 p.m. 14. Additional Items
County Commissioners
Clerk to the Board
County Attorney
County Manger
5:05 p.m. 15. Public Hearing and Consideration of Approval to Submit a Joint Application 169
with the City of Wilmington for 2005 Justice Assistance Grant (JAG) Funding
from the U. S. Department of Justice
5:15 p.m. 16.1 Public Hearing 175
Rezoning ? Request by Tim Turner for Francisco Blanco to expand the site
plan for an existing CD(B-1) Conditional Use Neighborhood Business District
located at 115 Cathay Road and also having frontage on Carolina Beach Road
(Z-521, 12/94, 01/05)
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5:30 p.m. 16.2 Public Hearing 183
Rezoning ? Request by Withers & Ravenel for Dan Phelps to rezone
approximately 5.0 acres of property located at 4702 South College Road
between the Vineyard Church and Still Meadow Village Apartments from
CD(B-2) Conditional Use Highway Business to R-15 Residential
(Z-790, 01/05)
5:50 p.m. 16.3 Public Hearing 187
Special Use Permit ? Request by Withers & Ravenel representing Maurice
Emmart et al for approval of a High Density Residential Development in an
R-15 Residential District located at 4702 South College Road between the
Vineyard Church and Still Meadow Village Apartments (S-525, 01/05)
6:05 p.m.
Break
6:25 p.m. 16.4 Public Hearing 191
Rezoning ? Request by James Freeman to rezone approximately 0.31 acres of
property located at 5016 Carolina Beach Road south of Silver Lake Road from
R-15 Residential to B-2 Highway Business (Z-791, 02/05)
6:35 p.m. 16.5 Public Hearing 195
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 (S-526, 02/05)
7:00 p.m. 17. Public Hearings on the 2005 Issue of School and Community College Bonds 201
7:30 p.m. ADJOURN
Note: Times listed for each item are , and if a preceding item takes less time, the
estimated
Board will move forward until the agenda is completed.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 1Estimated Time:Page Number:
Department: Human Resources Presenter: Allen O'Neal
Contact: Rosetta Bryant
Item Does Not Require Review
SUBJECT:
Presentation of New Hanover County Service Awards
BRIEF SUMMARY:
The following employees are eligible for New Hanover County Service Recognition:
FIVE (5) YEAR
Carey L. Gibson - Information Technology; Kristin K. Pigford - Public Safety; Eric K. Edwards - Sheriff's Office; Randy L.
Eslick - Sheriff's Office; Christopher D. Wright - Sheriff's Office; Doris A. Buchanan - Health Dept.; Susan G. Miller - Cape
Fear Museum
TEN (10) YEAR
Patsy H. Phelps - Public Safety; Michael D. Johnson - Engineering
FIFTEEN (15) YEAR
Michael A. O'Neal - County Manager; Linell Joseph - Property Management; Joseph R. Sigman - Sheriff's Office; Wanda
Rivenbark - Health Dept.
TWENTY (20) YEAR
Jerome G. Fennell - Property Management; Christine Q. Neal - Engineering and Sylvia E. Brown - Social Services
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
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COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Present service awards.
COMMISSIONERS' ACTIONS/COMMENTS:
Presented awards.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Chairman Greer
Contact: Allen O'Neal, County Manager
Item Does Not Require Review
SUBJECT:
Presentation of Distinguished Budget Presentation Award, with Special Capital Recognition
and Special Performance Measures Recognition for the Fiscal Year Beginning July 1, 2004
BRIEF SUMMARY:
Notification has been received from the Government Finance Officers Association of the United States and Canada that
New Hanover County has qualified to receive the Distinguished Budget Presentation Award for the 14th consecutive year.
The award is for New Hanover County's budget, submitted for the fiscal year beginning July 1, 2004. The award is the
highest form of recognition in governmental budgeting. The budget is reviewed by a panel of independent budget experts
who use extensive criteria to evaluate the effectiveness of the budget as: a policy document, a financial plan, an operations
guide, and a communication device. Award-winning documents must be rated "proficient" in all four categories. In addition,
Special Capital and Special Performance Measures recognition were received for the FY 04-05 budget.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend that the Distinguished Budget Presentation Award be presented to the New Hanover County Budget
Department.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Certificate of Recognition for Budget Preparation
Distinguished Budget Presentation Award
Press Release from GFOA
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recognize the Budget Department for the Distinguished Budget Award for the 14th consecutive year.
COMMISSIONERS' ACTIONS/COMMENTS:
Presented award and recognized Budget staff.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 3Estimated Time:Page Number:
Department: Governing Body Presenter: Vice-Chairman Bill Caster
Contact: Marty Pridgen
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation Recognizing May 7, 2005 as the Thirtieth Anniversary of the
Official End of the Vietnam War
BRIEF SUMMARY:
Vice-Chairman Bill Caster has requested that the Board of Commissioners consider adopting a Proclamation recognizing
May 7, 2005, as the thirtieth anniversary of the official end of the Vietnam War, in commemoration of all American men and
women who served their country honorably, and encourage New Hanover County citizens to remember those who are still
missing and their families who continue to live with lack of resolution in their lives.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of Proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
proc-Vietnamwaren
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 4Estimated Time:Page Number:
Department: County Manager Presenter: Patrice Willetts
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation to Recognize April 5, 2005 as Wilmington Rotary Club Day
BRIEF SUMMARY:
Patrice Willetts with Wilmington Rotary Club requests the Board consider the attached proclamation. February 23rd
marked the 100th anniversary of the establishment of Rotary International, the world's first service organization. April 1st
will mark the 90th anniversary of the Wilmington Rotary Club, the second Rotary Club in North Carolina and the 150th club
in the United States.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider adoption of the attached proclamation to recognize Wilmington Rotary Club and Rotary International for their
service to the community and the world.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
RESOLUTION Rotary Centen
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval of the proclamation.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 5Estimated Time:Page Number:
Department: Governing Body Presenter: Commissioner Pritchett
Contact: Pat Melvin
SUBJECT:
Gang Task Force
BRIEF SUMMARY:
A Committee has been meeting to determine the best way to address and eliminate the gang activity and potential gang
activity in New Hanover County Schools. The committee would like to create a task force composed of four officers, two
from the City and two from the County.
The Committee would like to immediately establish a Detective position in the Sheriff's Department to work with the School
Resource Officers on gang related issues.
The cost of the position and related expenses for the remainder of this FY would be $54,330. The cost of the position will
be offset by $27,222 in revenue for a net cost FY04-05 cost of $27,108. The second position will be considered as part of
the FY05-06 budget process. The cost of the two positions and related expenses in FY05-06 would be $154,080.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve establishment of Detective position to begin a Gang Task Force and approve related budget amendment
transferring funds from contingency.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions: 1
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Postponed.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 6(Revised)
Department: County Manager Presenter: Allen O'Neal
Contact: Cam Griffin
SUBJECT:
Coast Line Convention Center Requests County Support through April 30, 2006
BRIEF SUMMARY:
The Board of Directors of the Coastline Convention Center has amended their request for County funding. The new
request is for one year instead of two.
On March 1st the City Council approved a one-year extension of their lease with the convention center. The City will
include in their FY05-06 Recommended budget an amount of $45,000 for the lease.
The current lease between the County and the Coastline Convention Center expires April 30, 2005.
The Commissioners requested additional information (attached) from the Coastline Convention Center concerning the past
year's activity and decided to table action on the request until the City Council took action.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider request.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Greer dissenting as follows: Funding of $40,727 annually, to be paid monthly ($3,393.92) through June,
2005. Further funding to be considered in the 2005-2006 budget process.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 7Estimated Time:Page Number:
Department: Finance Presenter: Bruce T. Shell
Contact: Bruce T. Shell or Max Maxwell
SUBJECT:
Approval of Buy/Sell Agreement and Associated Budget Amendment for Purchase of Market
Place Mall
BRIEF SUMMARY:
At the Board meeting on February 21, 2005, the Board authorized the purchase of the Market Place Mall. The buy/sell
agreement has been completed and is submitted for approval.
In addition to the purchase, renovations in the amount of $2.5 million will be required to be completed before the County
can utilize the space. This $2.5 million for renovations will need to be financed for the County to move forward expeditiously
with the use of the space. Therefore, financing proposals were secured for the purchase only and for the entire project
(purchase and renovations). In both proposals, the financing is a temporary, interest only loan that will be refinanced with a
Certificate of Participation Issuance within the next year. Both options would require a Public Hearing and the Option 1 of
financing the entire project cost would require review and approval by the Local Government Commission. The Board
needs to make a determination on one of the two options and then staff will prepare necessary documentation and
schedule the public hearing for the Board Meeting April 4, 2005.
Utilizing the interest only short term loan (term up to three years) enables the County to move quickly with the financing.
Bank of America provided the most competitive variable rate to the County. The rates received for the three year variable
installment financing were as follows:
WACHOVIA BB&T BANK OF AMERICA
2.99%2.88%
$2.6 million,2.58%
(30 Day Libor + 30bp) (30 Day Libor + 19bp)
( [60.515% 30 Day Libor] + 95bp
3 YR Variable
2.99%2.88%
$5.1 million, 2.43%
(30 Day Libor + 30bp) (30 Day Libor + 19bp)
( [60.515% 30 Day Libor] + 80bp
3 YR Variable
Presented in this agenda item is the buy/sell agreement for approval. A resolution and budget amendment for each
financing option is provided. Upon the Board's decision, the appropriate resolution and budget amendment will be adopted.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
OPTION 1:
Recommend adoption of resolution providing approval of buy/sell agreement and financing total purchase and
renovation cost as follows:
1. approval of the buy/sell agreement for the purchase of the Market Place Mall Option of the additional 48,481
square feet
2. approval of budget amendment # 2005-39 in the amount of $6.7 million ($1.6 million is being appropriated from
fund balance and the remaining $5.1 million is from loan proceeds)
3. authorization and direction to the County Manager, the Finance Director, the County Attorney, and their
designated staff to act on behalf of the County of New Hanover in regard to the execution of the buy/sell agreement for the
acquisition of the Market Place Mall Option, in preparation of the purchase documents, scheduling Public Hearing for the
financing for the purchase and renovations costs, preparing application for the Local Government Commission, and other
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actions not inconsistent with this resolution.
4. adoption of reimbursement clause as required by the United States Treasury Regulations Section 1.1.03-8.
OPTION 2:
If the above recommendation is not acceptable, recommend adoption of resolution providing approval of buy/sell
agreement and financing just the purchase cost as follows:
1. approval of the buy/sell agreement for the purchase of the Market Place Mall Option of the additional 48,481
square feet
2. approval of budget amendment # 2005-39 in the amount of $4.2 million ($1.6 million is being appropriated from
fund balance and the remaining $2.6 million is from loan proceeds)
3. authorization and direction to the County Manager, the Finance Director, the County Attorney, and their
designated staff to act on behalf of the County of New Hanover in regard to the execution of the buy/sell agreement for the
acquisition of the Market Place Mall Option, in preparation of the purchase documents, scheduling Public Hearing for the
financing for the purchase costs and other actions not inconsistent with this resolution.
4. adoption of reimbursement clause as required by the United States Treasury Regulations Section 1.1.03-8.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Budget Amendment # 2005-39 is attached. For the purchase, $1.6 million is being appropriated from fund
balance. The remaining $2.6 million is being budgeted from loan proceeds. If the Board approves the financing of the
renovations at this time, then the loan proceeds amount is increased from $2.6 million to $5.1 million.
ATTACHMENTS:
Two resolutions (only one to be adopted).
ption 1 Resolution for award -FOR TOTAL PROJECT AMOUNT (PURCHA
O
Option 2 Resolution for award -FOR TOTAL PURCHASE
Two budget amendments, one for $6.7 million and one for $4.2 million (only one to be adopted).
ba2005-39.dba2005-39-1.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider Option 1 or 2. Staff recommends Option 1, in order to move forward expeditiously with the use of the space.
COMMISSIONERS' ACTIONS/COMMENTS:
Option 1 approved 3-2, Greer and Davis voting in opposition.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Budget Amendment
DEPARTMENT: Marketplace Mall Purchase/General Fund
BUDGET AMENDMENT #: 2005-39
ADJUSTMENT DEBIT CREDIT
Marketplace Mall Purchase
Transfer in from General Fund $1,600,000
Installment Loan Proceeds $2,600,000
Capital Project Expense $4,200,000
General Fund
Appropriated Fund Balance $1,600,000
Transfers to Capital Projects $1,600,000
EXPLANATION: To establish budget the purchase of additional space at Marketplace Mall.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Budget Amendment
DEPARTMENT: Marketplace Mall Purchase-Renovation/General Fund
BUDGET AMENDMENT #: 2005-39-1
ADJUSTMENT DEBIT CREDIT
Marketplace Mall
Purchase/Renovation
Transfer in from General Fund $1,600,000
Installment Loan Proceeds $5,100,000
Capital Project Expense $6,700,000
General Fund
Appropriated Fund Balance $1,600,000
Transfers to Capital Projects $1,600,000
EXPLANATION: To establish budget for the purchase of additional space at Marketplace Mall and renovations.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 3-2, Greer and Davis voting in opposition.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 8Estimated Time:Page Number:
Department: Fire Services Presenter: Donnie Hall, Eric McKeithan
Contact: Donnie Hall
SUBJECT:
Joint Public Safety Training Facility
BRIEF SUMMARY:
For approximately three years, the City of Wilmington, Cape Fear Community College and New Hanover County have been
collectively working on plans for a Joint Public Safety Training Facility. The $10.1 million facility will allow fire, law, medical
and industrial safety personnel an opportunity to receive training not currently available in the immediate area.
Requirements for specialized training and preparation for multi-agency response to emergencies has increased the need
for a facility where all responders can jointly train to better protect the community from natural and man-made disasters.
Improved training may also improve insurance premium ratings.
Cape Fear Community College has agreed to allocate $3.1 million and 15 acres of land for the project, with the City and
County splitting the remaining balance. The City's portion would be $3.5 million. The County?s portion of $3.5 million will not
be needed until FY06-07. The County's portion of $3.5 million could be split equally between the General Fund and the Fire
Service District to reflect projected diverse usage of the facility by fire, EMS, law enforcement, industry, and others. A
complete Master Plan has been provided by SCN Architects for Commissioners' review.
The Community College Board has approved the proposal. The attached contract sets up the funding agreement among
the three entities. It is also critical to note that this Facility will attract out-of-county users who till contribute to the economy.
The City will consider the request for funding at an April meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the contract and proposal for the Joint Public Safety Training Facility's Master Plan and fund the Facility up to $3.5
million, with 50% of the funding coming from the General Fund and the remaining 50% coming from the Fire District Fund.
County contribution will impact the FY06-07 budget. Revenue generated by the Facility is anticipated to be sufficient to fund
operating costs.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
y Training Center
Safet
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REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval of proceeding with the project at the commitment level by the County as identified in this packet.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Greer dissenting.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 9Estimated Time:Page Number:
Department: Emergency Management Presenter: Warren Lee, Leslie Stanfield
Contact: Warren Lee, Leslie Stanfield
SUBJECT:
800 MHz Radio System Upgrade Project
BRIEF SUMMARY:
On January 10, 2005, New Hanover County commissioned Federal Engineering, Inc. to conduct a study of the County's 800
MHz radio systems and prepare an improvement plan to address the following goals: (1) improve radio coverage, (2)
improve radio traffic-handling capacity, and (3) provide a migration plan for APCO Project 25 standards compliance
systemwide.
Federal Engineering, Inc. submitted the final draft plan on February 28, 2005, which contains the following
recommendations: (1) Coverage - purchase and install a second 800 MHz trunked radio base station at the Charter
Communications tower site and reconfigure and reorient the existing transmit antennas on the Flemington tower; (2)
Capacity - there is no need to build out the additional 11 channels for which we are licensed; system capacity is adequate
for current use and future growth; (3) Project 25 migration - upgrade the County's recently discontinued SMARTNET II
hardware and software to Project 25 (Astro 25) simulcast equipment. The estimated cost of the infrastructure upgrade is
$8,000,000. The estimated cost of improvements at the Flemington and Charter Communications towers is $475,000.
Estimated cost for Federal Engineering, Inc. to manage procurement, installation and testing of the new system is $100,000
- $200,000, depending upon scope of service.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff supports Federal Engineering, Inc.'s recommendation to (1) upgrade the existing SMARTNET II analog radio system
to an Astro 25 14-channel simulcast system that is APCO Project 25 compliant and (2) make necessary improvements at
the Flemington and Charter towers to support the new equipment. Staff further recommends that Federal Engineering, Inc.
be engaged to manage procurement, installation and testing of the new system. If approved, staff will prepare a budget
amendment for the upgrade project at the April 4, 2005 Board meeting, pending Local Government Commission approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
y Radio Study Fi
New Hanover Count
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
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COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendation from County Emergency Management Director, Warren Lee and County IT Director, Leslie
Stanfield.
COMMISSIONERS' ACTIONS/COMMENTS:
A motion to solicit bids for a radio system to provide coverage for New Hanover County, and allow Allen O?Neal and
Warren Lee to negotiate price and execute contract in an amount not to exceed $50,000 with Federal Engineering, Inc. to
manage the process was approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 10Estimated Time:Page Number:
Department: Legal Presenter: Carl Valente
Contact: Kemp P. Burpeau, Deputy County Attorney
SUBJECT:
Request by Carl Valente for Removal of Restrictive Covenants
BRIEF SUMMARY:
Mr. Valente is requesting the Board of County Commissioners approve the removal of the deed restriction that prevents
structures from being placed on the former Pine Tree Cemetery. The restriction was included in the 2002 Quit Claim Deed
when the County sold whatever interest it had in the parcel to Jan Brewington and Carl Valente. The parcel is situated
between 6th and 7th Streets and Queen and Wooster Street. Prior to the sale, the County incurred approximately $43,000
in surveying, clearing of the land and removal of any burial remnants. The sale price of $5,000 was much less than market
for buildable parcels with clear title, but was deemed an appropriate disposition continuing the memorial status of the former
burial ground.
Mr. Valente's February 3, 2005 written request is attached for review by the Board. A February 14, 2005 memorandum
from the Engineering Department has also been included for the Board's review. The Engineering Department handles all
cemetery matters and is in opposition to this request by Mr. Valente because removal of the deed restriction could result in
desecration to the site.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Mr. Valente's written request
Engineering Department memorandum
April 5, 2002 Letter to Janice Brewington
Excerpt of May 21, 2002 minutes of the New Hanover County Board of Commissioners
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
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COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider request from Mr. Valente. It is my responsibility to make you aware of the considerable effort on the part of
County engineering staff to clean the former Pine Tree Cemetery.
The minutes of the 05/21/02 meeting (attached) place the following conditions on the sale: (1) conveyance shall be by a
non-warranty deed; (2) no structures shall be built on the site; and (3) a small area must be reserved for signage
designating the site's history as a former burial ground.
It is my recommendation that the restrictive covenants remain. My recommendation is based on the action of the Board at
its meeting on May 21, 2002.
COMMISSIONERS' ACTIONS/COMMENTS:
Denied 4-1, Davis dissenting.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 11Estimated Time:Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Committee Appointments
BRIEF SUMMARY:
Appointments are needed for the following:
Bicycle Advisory Committee
Industrial Facilities and Pollution Control Financing Authority
Port, Waterway, and Beach Commission
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make appointments
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Committee Information Sheets and Applications
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Make appointments.
COMMISSIONERS' ACTIONS/COMMENTS:
Bicycle Advisory Committee: Richard L. Paxton appointed
Industrial Facilities and Pollution Control Financing Authority: William H. Cameron and Robert F. Ruffner, Jr. appointed
Port, Waterway, and Beach Commission: Donald E. Harris and Geoffrey A. Losee appointed
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 15Estimated Time:Page Number:
Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff
Contact: Sidney A. Causey, Sheriff
SUBJECT:
Public Hearing and Consideration of Approval to Submit a Joint Application with the City of
Wilmington for 2005 Justice Assistance Grant (JAG) Funding from the U.S. Department of
Justice
BRIEF SUMMARY:
The Consolidated Appropriations Act, signed by President Bush in December, consolidated the Edward Byrne Memorial
and the State and Local Law Enforcement Block Grant (LLEBG) Programs into a new program designated as the Justice
Assistance Grant (JAG).
The New Hanover County Sheriff's Office and the Wilmington Police Department are certified as disparate agencies;
therefore, FY2005 JAG funding in the amount of $136,433 is available to be split between these two law enforcement
agencies with each receiving $68,216.50. Submittal of a joint application is required. The JAG grant process requires a
public hearing be held for discussion on the use of funds. There is no local match requirement for the County.
The Sheriff's Office portion of the grant funding will be spent on law enforcement equipment.
A new Interlocal Agreement between New Hanover County and the City of Wilmington is required as part of the JAG grant
process and is hereby attached for consideration and approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend the Board of Commissioners hold a PUBLIC HEARING on the use of JAG grant funds.
After closing the public hearing, recommend approval to submit a joint JAG grant application with City of Wilmington and
execute the required Interlocal Agreement between New Hanover County and the City of Wilmington. Additionally, accept
the grant, authorize the County Manager to sign the grant and interlocal agreement, and approve the associated budget
amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: $68,216.50 as County's portion of the 2005 $136,433 federal JAG grant.
ATTACHMENTS:
JAG/GMS application # 2005-F1914-NC-DJ is available beginning March 1, 2005, in the County Commissioners' Office and
the County Manager's Office for review.
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Memo of Understanding 2005 J
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Held public hearing, approved grant application, execution of interlocal agreement between New Hanover County and the
City of Wilmington, approved acceptance of grant, authorized County Manager to sign grant and interlocal agreement and
approved associated budget amendment 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 16.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case Z-521, 12/94, 01/05 Rezoning request to expand the site plan for existing CD(B-1)
Conditional Use Neighborhood Business District
BRIEF SUMMARY:
Request by Tim Turner for Francisco Blanco to expand the site plan for an existing CD(B-1) Conditional Use Neighborhood
Business District located at 115 Cathay Road and also having frontage on Carolina Beach Road.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Board recommends approval by a vote of 7-0 with conditions 1) No outside storage is permitted 2) Buffering and
landscaping shall be re-established to comply with current regulations 3) Uses will need to be limited to the available
parking.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
gs ofo
Z-521 findinZ-521 Pet SumZ-521Sum.d
2 maps, 2 page document, ,
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 16.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case Z-790, 01/05 Rezoning request to rezone approximately 5.0 acres of property from
CD(B-2) Conditional Use Highway Business to R-15 Residential
BRIEF SUMMARY:
Rezoning request by Withers & Ravenel for Dan Phelps to rezone approximately 5.0 acres of property located at 4702
South College Road between the Vineyard Church and Still Meadow Village Apartments from CD(B-2) Conditional Use
Highway Business to R-15 Residential.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Planning Board recommends approval 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:
Z-790 Pet SumZ-790 Sum.d
1 map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 16.3Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case S-525, 01/05 Special Use Permit request for approval of a High Density Residential
Development in an R-15 Residential District
BRIEF SUMMARY:
Special Use Permit request by Withers Ravenel representing Patterson Homes for approval of a High Density Residential
Development in an R-15 Residential District located at 4702 South College Road between the Vineyard Church and Still
Meadow Village Apartments.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Board recommends approval 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-525 findings ofS-525 Pet Sum
2 maps,
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 16.4Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case Z-791, 2/05 Rezoning request to rezone approximately 0.31 acres of property from R-15
Residential to B-2 Highway Business
BRIEF SUMMARY:
Rezoning request by James Freeman to rezone approximately 0.31 acres of property located at 5016 Carolina Beach Road
south of Silver Lake Road from R-15 Residential to B-2 Highway Business.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Planning Board recommends approval by a vote of 7-0. The Planning Board also recommends that adjoining parcels
on the south side be included into the rezoning petition.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
Z-791 Pet SumZ-791 Sum.d
1 map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 16.5Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case S-526, 02/05 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.
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 ofS-526 Petition Summ
3 maps
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
The item was continued until the next meeting to allow the parties an opportunity to find a solution.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Regular Item #: 17Estimated Time:Page Number:
Department: Legal Presenter: Wanda M. Copley, County Attorney
Bruce Shell, Finance Director
Contact: Wanda M. Copley, County Attorney
Bruce Shell, Finance Director
SUBJECT:
Public Hearings on the 2005 Issue of School and Community College Bonds
BRIEF SUMMARY:
The Board authorized on February 7, 2005 the application to the Local Government Commission. On February 21, 2005,
the Board established public hearings for March 14, 2005 in connection with the issuance of school and community college
bonds. The County Commissioners are required to hold a public hearing on each bond issue, adopt each bond order,
adopt the resolution providing for the election on the bonds and direct the Clerk to advertise such adoption of the bond
orders and notice of election.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hold Public Hearing, adopt the bond orders and resolution and direct the Clerk to advertise the adopted bond orders and
the notice of election.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
2BondOrder-$27millCommunityCollegeBon
BondOrder-$123millSchoolBonds
Resolution-March14th2005BondAct
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendations of County Attorney and Finance Director.
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COMMISSIONERS' ACTIONS/COMMENTS:
Held Public Hearing, adopted the bond orders and resolution and directed the Clerk to advertise the adopted bond orders
and the notice of election.
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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.
4:20 p.m. 1. Non-Agenda Items (limit three minutes)
4:30 p.m. 2. Approval of Minutes 219
4:35 p.m. 3. Consideration of Resolution for Condemnation for Sewer Easement 221
Tax Parcel No. R07620-001-003-000
Lee Property ? Myrtle Grove Road
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Water & Sewer Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Water & Sewer Minutes
BRIEF SUMMARY:
Approve minutes from the February 21, 2005 meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/14/05
Water & Sewer Item #: 3Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Resolution for Condemnation for Sewer Easement
Tax Parcel No. RO7620-001-003-000
Lee Property - Myrtle Grove Road
BRIEF SUMMARY:
In 2000, Larry Lee received approval by New Hanover County for his "Lee Subdivision," located off Myrtle Grove Road in
southern New Hanover County. As part of the standard subdivision approval process, he was required by the County to
have extended the sewer to his property. He acquired all necessary permits, in the District's name, and had the sewer line
installed per his engineer's design and plans. These plans extended the line onto Mr. Lee's property within a 20' sewer
easement shown on his subdivision plans. This sewer line was installed in 2001. During this process, Mr. Lee never had
the subdivision recorded at the New Hanover County Register of Deeds office for public record. The Engineering
Department contacted Mr. Lee on several occasions to inform him of his obligations with regard to the sewer conveyance
process and the necessity of recording this easement. The County created a separate legal document that would allow Mr.
Lee to record only the necessary 20' sewer easement along Myrtle Grove Road, thus eliminating any conflict Mr. Lee may
or may not have had with regards to the additional proposed easements shown on his subdivision plan. This document was
sent to Mr. Lee on November 23, 2004 and again on February 14, 2005, but both requests sent by the County have gone
unanswered.
Condemnation may be necessary to close the easement within a reasonable length of time to allow for the service to the
immediate surrounding areas.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Resolution authorizing condemnation, if necessary, be approved with authorization for the
Chairman to execute, if necessary.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: No funding involved
ATTACHMENTS:
Location Map
lee resoluti
221
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:
The issue is resolved, the item was removed.
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