Agenda 2004 02-02
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 · JULIA BOSEMAN, VICE-CHAIRMAN
WILLIAM A. CASTER, COMMISSIONER · TED DAVIS, JR., COMMISSIONER · NANCY PRITCHETT, COMMISSIONER
··
ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD
February 2, 2004 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.
5:45 p.m. 1. Proclamation of February 2004 as ?Human Relations Month?5
5:50 p.m. 2. 7
Second Reading
Consideration of Coastline Care, Inc. Ambulance Franchise Request
5:55 p.m. 3. Consideration of Revision to Local Emergency Planning Committee By-Laws 9
and Appointment of a Commissioner to Serve on the Committee
Public Hearings:
6:00 p.m. 4.1 Special Use Permit - Request by Stroud Engineering for Palm Beach 17
Development Group to Consider a Special Use Permit for a Two Story, 18 Unit
High Density Project in an R-15 Residential District Located at 1050 Dunhill
Lane Behind the Amerihost Inn & Suites at Monkey Junction (S-513, 01/04)
6:20 p.m. 4.2 Rezoning - Request by Esther Lee for Landowner Charles Foy to Rezone 25
Approximately 3.09 Acres of Property Located in the 7700 Block of Market
Street, North of Mercer Marine From R-15 Residential to B-2 Highway
Business (Z-771, 01/04)
6:55 p.m. 4.3 Special Use Permit - Request by Design Solutions for Ogden Twelve, LLC to 31
Consider a Special use Permit for a 156 Unit Apartment Complex and a 21,600
Square Foot Commercial Space Within an Existing B-2 Highway Business
District at 7720 Market Street. The property is located on the east side of
Market Street, adjacent and north of Mercer Marine (S-511, 12/03)
7:30 p.m.
Break
7:40 p.m. 4.4 Rezoning - Request by David Sneeden for James Lanier, Jr. to Rezone 51
Approximately 1.83 Acres of Property Located at 212 Porters Neck Road From
R-15 Residential to B-1 Neighborhood Business (Z-772, 01/04)
8:00 p.m. 4.5 Special Use Permit - Request by Design Solutions for DMWGP, LLC to re-57
authorize a Special Use Permit for a 60 Unit Personal Care Facility in an R-15
Residential Zoning District Located in the 7200 Block of Darden Road (S-473,
11/00)
8:20 p.m. 4.6 Consideration of Approval of CAMA Plan Citizen Participation Plan67
8:35 p.m. 5. Consideration of 800 MHz Radio System75
8:50 p.m. 6. Consideration of Refunding of 1996 and 2000 Series General Obligation Bonds83
9:05 p.m.
Break
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9:15 p.m. 7. Meeting of the Water and Sewer District
9:40 p.m. 8. Non-Agenda Items (limit three minutes)
9:50 p.m. 9. Additional Items:
County Commissioners
Clerk to the Board
County Attorney
County Manager
10:00 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less 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.
9:15 p.m. 1. Non-Agenda Items (limit 3 minutes)
9:25 p.m. 2. Consideration of Request to Extend County Water Line and for Participation in
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Oversizing the Progress Energy Water Line
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Adoption of Resolution Requesting NCDOT to Add Hilliard Court in 95
Marymount at Marsh Oaks Subdivision to the State Highway System
2. Approval to Accept FEMA Fire Act Funding for Fire Services and Associated 97
Budget Amendment 04-0141
3. Approval of Settlement of Billy Earl, Beau Rivage Plantation, Inc,. et al vs. New 99
Hanover County, et al, Case No. 03 CVS 3589
Approval of Budget Amendments:
4.1 #04-0132 Courts - Juvenile Crime Prevention Council 101
4.2 #04-0133 Various Departments 103
4.3 #04-0137 Department of Social Services - Share the Care Services 105
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Regular Item #: 1Estimated Time:Page Number:
Department: Human Relations Presenter: Carl A. Byrd, Sr. and/or Lethia Hankins
Contact: Carl A. Byrd, Sr.
SUBJECT:
Human Relations Month
BRIEF SUMMARY:
The New Hanover Human Relations Commission members request to proclaim February 2004, as "Human Relations
Month"
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the Proclamation
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
2004HRMPRO.WPD
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0 and heard remarks by Lethia Hankins.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Regular Item #: 2Estimated Time:Page Number:
Department: Legal Presenter: Gary Shipman
Contact: Holt Moore, Assistant County Attorney
SUBJECT:
Second Reading
Coastline Care, Inc. Ambulance Franchise Request
BRIEF SUMMARY:
At their January 20th meeting, the Board conducted the first reading of the ambulance franchise request of Coastline Care,
Inc., and it passed unanimously. This is the required second reading of the franchise request.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff has found the application to be complete and would recommend approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Memoranda from staff have been distributed under separate cover and additional copies are available upon request. The
application packet is rather voluminous and is available for review in the Clerk's office.
REVIEWED BY:
LEGAL: Approve FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Conduct second reading. Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Regular Item #: 3Estimated Time:Page Number:
Department: Emergency Management Presenter: Warren Lee
Contact: Warren Lee
SUBJECT:
Approval of Revised By-Laws for the New Hanover County Local Emergency Planning
Committee (LEPC)
BRIEF SUMMARY:
The Federal Superfund Amendments and Re-authorization Act ( SARA), requires all local governments to establish and
operate a Local Emergency Planning Committee (LEPC), to address storage, transportation and response to hazardous
chemical events. As required by law, The New Hanover County Department of Emergency Management has supported the
LEPC since 1986. The LEPC is composed of representatives from all sectors of the community including industry,
business, responders, citizens, environmental groups, state and local officials, and the media. The goal of the LEPC is to
insure coordination, communication, and cooperation in preparing and responding to hazardous chemical events. The
LEPC?s by-laws were last revised in 1998. The current revisions primarily reflect changes in the standing committees of the
LEPC . Attached is a complete record of proposed changes. The LEPC also requests that the New Hanover County Board
of Commissioners appoint one of its members to serve in an "elected official" position on the LEPC.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request Board of Commissioners approve the attached by-laws.
Request the Board of Commissioners appoint one of its members to serve on the Local Emergency Planning Committee.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
LEPC Bylaws Record of ChLEPC By-Laws 2004
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 by-laws 5-0. Chairman Greer volunteered to serve on the committee.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Regular Item #: 4.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case: S-513, 01/04 Special Use Permit for: 18 Unit High Density Residential
In an R-15 Residential District-Applicant: Palm Beach Development Group
BRIEF SUMMARY:
Application History: In November the Planning Board voted 4-1 to recommend approval of a similar 18 unit high density
project on the subject property. In December, the Board of Commissioners voted to deny the project based on the finding of
fact that the proposed 3 story 18 unit building was not in harmony with the area. The applicant has changed the plan to
reflect a 2 story 18 unit building.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 1/8/04:
Representing the applicant, Cindee Wolf, reviewed the site plan and explained that the proposed project
now incorporates a two story building with only one access point from Carolina Beach Road. Some
residents from the nearby Brewster Place Subdivision commented that they preferred this plan to the
previous plan; however, they still had some concerns about the swimming pool and the plant material
along Chilmark Court. Ms. Wolf presented a conceptual landscape plan and the Planning Board
voted 7-0 to recommend Approval.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
g of Fm
S-513 FindinS-513 Pet Su
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: 02/02/04
Regular Item #: 4.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: Z-771, 01/04; APPLICANT: Esther Lee for Charles Foy
REQUEST: R-15 Residential to B-2 Highway Business LOCATION: 7700 Block of Market
Street North of Mercer Marine and South of the Wahoo Willy?s Restaurant
BRIEF SUMMARY:
Esther Lee is requesting a rezoning of a 3.09 acre parcel of land located in the 7700 block of Market Street from R-
15 residential to B-2 Highway Business. The owner of record, Mr. Charles Foy, has not responded to correspondence sent
by County Staff.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 1/8/04:
Prior to the applicant presenting her request Staff explained that the petitionor was not the property owner and did
not represent the property owner in the case. Esther Lee, an adjacent property owner to the north, presented the request.
No one spoke in opposition. After some discussion about the effect of the rezoning on the subject property and adjacent
properties a motion to Deny the request failed by a vote of 2-5. Following additional discussion a substitute motion to
recommend Approval of the rezoning to the depth of the zoning district line to the north passed by a vote of 5-2.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
md
Z-771 Pet SuZ-771 Sum.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
The item was delayed for one month at the petitioner?s request. The item will be placed on the March 8, 2004 regular
agenda.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Regular Item #: 4.3Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case: S-511, 12/03 Applicant: Design Solutions for Ogden Twelve, LLC
BRIEF SUMMARY:
Special Use Permit for Neighborhood Business & Residential Uses in an Existing B-2 Highway
Business District
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 1/8/04:
Cindee Wolf from Design Solutions presented the request and reviewed the site plan. Representing an adjacent
Commercial property Lonnie Williams spoke in opposition to the project by stating that residential uses in this intensive
commercial district is not in harmony with the area. Mr. Williams stated a concern that buffer requirements could affect his
client?s ability to redevelop their property and requested that the burden for the buffering between commercial and
residential be applied to the subject property and not to his clients property. The Planning Board discussed the potential
buffering issues and building setbacks with regard to all of the surrounding properties. Ultimately the Planning Board voted
5-1 to recommend approval with 5 conditions.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
g of Fm
S-511 FindinS-511 Pet Su
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0 with the 5 conditions as recommended by the Planning Board and that building one be modified if necessary
to meet setback needs.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Regular Item #: 4.4Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: Z-772, 01/04; APPLICANT: David Sneeden for James Lanier
REQUEST: R-15 Residential to B-1 Neighborhood Business
LOCATION: 212 Porters Neck Road on the South side approximately 500 feet from the Market
Street Intersection
BRIEF SUMMARY:
The petitioner is requesting a rezoning of 1.83 acres of property from R-15 Residential to B-1 Neighborhood Business. The
subject property is located to the east of a larger B-1 district established in 1995 and expanded slightly in 2002. The
expansion of the B-1 district in 2002 abuts the southeast corner of the subject property.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 1/8/04:
The applicant presented his request. No one spoke in support or opposition. The Planning Board generally agreed with the
staff recommendation to establish limits for the commercial zoning along Porters Neck Road. However, several Board
members also supported the applicant?s proposal. Ultimately the Board voted 6-0 to recommend extending the B-1
Commercial district through the subject property from west to east and rezone the remaining area O&I Office and
Institutional.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
md
Z-772 Pet SuZ-772 Sum.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0 to extend the B-1 Commercial district through the subject property from west to east and rezone the
remaining area O&I Office and Institutional as the Planning Board recommended.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Regular Item #: 4.5Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: S-473, 11/00; APPLICANT: DMWGP, L.L.C. REQUEST: RE-AUTHORIZATION of a
60 Unit Personal Care Facility in an R-15 District LOCATION: 7200 Block of Darden Road in
Middle Sound
BRIEF SUMMARY:
The petitioner is requesting a re-authorization of a Special Use Permit granted by the Board of New Hanover County
Commissioners in December 2000 for a 60 unit Personal Care Facility. The project is intended to provide affordable
living for people age 55 and older. Attached is a letter of explanation describing the status of permitting for the project
and the reasons for the delay in the development of the site.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 1/8/04:
Representing DMWGP, L.L.C., Cindee Wolf presented the site Plan and reviewed the status of the project. Several
nearby residents spoke in opposition. The primary concerns presented in opposition to the request were traffic, density, and
stormwater runoff. The Planning Board voted 6-0 to recommend Approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
S-473 Memo.d
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: 02/02/04
Regular Item #: 4.6Estimated Time:Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
SUBJECT:
CAMA Plan Citizen Participation Plan
BRIEF SUMMARY:
As required by the Coastal Area Management Act, New Hanover County and the City of Wilmington are
scheduled to update the jointly prepared CAMA Plan. We have compiled a Citizen Participation Plan
(CPP) which will be used to guide City and County Staff through the overall CAMA Plan process. The
CPP fulfills requirements set forth in 15A NCAC 7L .0506 by designating a lead planning group and
defining the methods to be used for reporting information and gathering public input. CAMA guidelines
require that the Citizen Participation Plan be adopted by the local governing board.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the attached Citizen Participation Plan defining the County?s role in disseminating and collecting
public information in the CAMA planning process.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
CAMACPP - for commissi
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 5-0.
Commissioners Caster and Pritchett expressed interest in serving on the panel.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Regular Item #: 5Estimated Time:Page Number:
Department: Emergency Management Presenter: Greg Thompson
Contact: Greg Thompson, Dave Weaver
SUBJECT:
800 MHz Radio System
BRIEF SUMMARY:
County staff has been researching the possibility of utilizing the US Coast Guard River Road LORAN Station for the County's
800 MHz Radio System. Based on some preliminary testing and the Coast Guard's cooperative spirit, we believe that this option
may be feasible. We have received criteria which establishes the information needed for application to the USCG for our
request. The information required is very specific and will require testing and analysis that is outside the expertise of County
staff. The studies to develop the information should cost no more than $25,000.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
County staff requests the Board of Commissioners authorize a request for qualifications for an engineering firm to represent the
County in this matter. Upon selection of an engineer, the actual cost and budget can be established for this service. Staff will
bring back a recommendation for selection of an engineer.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
United States Coast Guard Application Criteria
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: 02/02/04
Regular Item #: 6Estimated Time:Page Number:
Department: Finance Presenter: Bruce Shell
Contact: Bruce Shell
SUBJECT:
Consideration of Refunding of 1996 and 2000 Series General Obligation Bonds
BRIEF SUMMARY:
Calculations on the refunding (refinancing) of 1996 and 2000 series general obligation bonds indicate it is attractive for the
County to refinance approximately $57 million of debt. The debt under consideration matures in 2017 for the 1996 bonds
and 2019 for the 2000 series bonds. Present value savings for this financing arrangement are projected at approximately
$1.9 million.
The Board of County Commissioners are asked to introduce the bond order at this 2/02/04 meeting, which discusses the
refunding of debt. The Commissioners are also required to hold a public hearing which will be set for 2/16/04. At the public
hearing, the Commissioners will receive input from the public with a subsequent vote on the bond order. The County
Finance Officer is required to file a Statement of Debt with the office of the Clerk. The bonds will be sold on March 9, 2004.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Introduce Bond Order.
Call for public hearing for February 16, 2004.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
BondOrder-2004DebtRefun
BondOrderResolution-Feb2nd-2004Deb
REVIEWED BY:
LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Bond Order introduction was approved 5-0.
Resolution to hold public hearing on February 16, 2004 was also approved 5-0.
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A RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
IN CONNECTION WITH THE
BOND ORDER AUTHORIZING THE ISSUANCE OF
$57,000,000 GENERAL OBLIGATION REFUNDING BONDS OF
THE COUNTY OF NEW HANOVER
WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF
$57,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER,"
incorporated herein by reference, has been introduced at the meeting of the Board of Commissioners of the County
held on February 2, 2004 and the Board of Commissioners of the County desires to provide for the holding of a
public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local
Government Bond Act; NOW, THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, as follows:
(1) The public hearing upon said bond order shall be held on the 16th day of February, 2004, at
9:00 o'clock A.M. in Room 301 in the New Hanover County Historic Courthouse, 24 North Third Street, in
Wilmington, North Carolina.
(2) The Clerk of the Board of Commissioners is hereby directed to cause a copy of the bond
order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no
fewer than six days prior to such public hearing.
(3) The County's Finance Officer is hereby directed to file with the Clerk prior to publication
of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or to be
incurred, the assessed value of property subject to taxation by the County and the net debt of the County.
nd
This the 2 day of February, 2004.
[SEAL]
NEW HANOVER COUNTY
____________________________
ATTEST: Robert G. Greer, Chairman
Board of Commissioners
______________________
Clerk to the Board
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DRAFT
"BOND ORDER AUTHORIZING THE ISSUANCE OF
$57,000,000 GENERAL OBLIGATION REFUNDING BONDS OF
THE COUNTY OF NEW HANOVER"
WHEREAS, the County of New Hanover (the "County") has issued Public Improvement Bonds,
Series 1996, dated November 1, 1996 and $10,300,000 of such Bonds maturing in the years 2004 to 2017, inclusive,
are outstanding (the "Outstanding Public Improvement Bonds"); and
WHEREAS, the County has issued School Bonds, Series 2000, dated February 1, 2000 and
$57,650,000 of such Bonds maturing in the years 2004 to 2019, inclusive, are outstanding (the "Outstanding School
Bonds"); and
WHEREAS, the Board of Commissioners of the County deems it advisable to refund all or a portion
of the Outstanding Public Improvement Bonds and the Outstanding School Bonds, pursuant to and in accordance
with The Local Government Finance Act; and
WHEREAS, an application has been filed with the Secretary of the Local Government Commission of
North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local
Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the
application has been accepted for submission to the Local Government Commission; NOW, THEREFORE,
BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as follows:
Section 1. The Board of Commissioners of the County has ascertained and hereby determines that it
is advisable to refund all or a portion of the Outstanding Public Improvement Bonds and the Outstanding
School Bonds.
Section 2. In order to raise the money required to refund the Outstanding Public Improvement Bonds
and the Outstanding School Bonds as set forth above, in addition to any funds which may be made available
for such purpose from any other source, bonds of the County are hereby authorized and shall be issued
pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal
amount of bonds authorized by this bond order shall be $57,000,000.
Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be
annually levied and collected.
Section 4. A sworn statement of the County's debt has been filed with the Clerk of the Board of
Commissioners and is open to public inspection.
Section 5. This bond order shall take effect upon its adoption.
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th
This the 16 day of February, 2004.
SEAL]
[
NEW HANOVER COUNTY
____________________________
ATTEST: Robert G. Greer, Chairman
Board of Commissioners
______________________
Clerk to the Board
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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.
9:15 p.m. 1. Non-Agenda Items (limit 3 minutes)
9:25 p.m. 2. Consideration of Request to Extend County Water Line and for Participation in 89
Oversizing the Progress Energy Water Line
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Water & Sewer Item #: 2Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Wyatt E Blanchard
Contact: Wyatt E Blanchard
SUBJECT:
Request to Extend County Water Line and for Participation in
Oversizing the Progress Energy Water Line
BRIEF SUMMARY:
Staff has received a request from Progress Energy for permission to extend a four inch District water line along Blue Clay Road
to Holly Shelter Road and then along Holly Shelter Road to their facility at 5700 Holly Shelter Road (see attached map).
They want to connect to District water because of the monitoring and testing requirements placed on them by the State for the
on-site water they are presently using.
The section of water line along Blue Clay should be twelve inch up to Holly Shelter Road to allow it to be looped back into the
District water line on Barbados Drive. They are asking that the District participate in the oversizing of the water line along Blue
Clay from a four inch line to a twelve inch line. This would involve approximately 4800 feet of water line at a total estimated cost
of $120,000 or a difference in cost of $72,000 above the cost of $48,000 for a four inch line. The District would accept this
section of line for ownership. The portion of the water line proposed along Holly Shelter Road would be a four inch water line
and would remain in the responsibility of Progress Energy. There is not any benefit in the near future to accept or enlarge the
water line along Holly Shelter Road east of Blue Clay Road. However, there will be long term benefit.
There may be additional participation by a developer to help pay a portion of the $72,000. Discussions with the developer are
currently underway.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the request be approved with authorization for the County Manager to execute an agreement to
participate in the section of water line along Blue Clay Road with extension along Holly Shelter Road to the Progress Energy
facility. The maximum participation will be $72,000. The final agreement may change depending on other participation.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Water and Sewer Operating Fund
ATTACHMENTS:
Location Map
89
REVIEWED BY:
LEGAL: 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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91
92
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Adoption of Resolution Requesting NCDOT to Add Hilliard Court in 95
Marymount at Marsh Oaks Subdivision to the State Highway System
2. Approval to Accept FEMA Fire Act Funding for Fire Services and Associated 97
Budget Amendment 04-0141
3. Approval of Settlement of Billy Earl, Beau Rivage Plantation, Inc,. et al vs. New 99
Hanover County, et al, Case No. 03 CVS 3589
Approval of Budget Amendments:
4.1 #04-0132 Courts - Juvenile Crime Prevention Council 101
4.2 #04-0133 Various Departments 103
4.3 #04-0137 Department of Social Services - Share the Care Services 105
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Consent Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie Harrell
Contact: Lucie Harrell
Item Does Not Require Review
SUBJECT:
Adoption of Resolution Requesting NCDOT to add Hilliard Court in Marymount at Marsh Oaks
Subdivision to the State Highway System
BRIEF SUMMARY:
NCDOT has determined that Hilliard Court meets the State road criteria and the County is being requested to concur with
their recommendation to add the road.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Standard SR-2 Resolution
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 5-0.
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96
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Consent Item #: 2Estimated Time:Page Number:
Department: Fire Services Presenter: Donnie Hall
Contact: Donnie Hall
SUBJECT:
Consideration of Accepting FEMA Fire Act Funding for Fire Services
BRIEF SUMMARY:
Department of Fire Service has been notified that we have been selected to receive a matching funds grant from FEMA's
Fire Act Funding Program for the replacement of Self Contained Breathing Apparatus (Air-packs). The grant will allow the
upgrade of aged equipment and the ability to better meet current National Fire Protection Associations Standards for fire
fighter safety and accountability. This grant will include the purchase of repair equipment with a computer based testing
system and self-contained filling system (equipment trailer). There are different masks in use currently throughout the
county. By completing this upgrade New Hanover County Fire Services will all use one model that will allow for
interoperability, the lack of which has caused some challenges in the past. Standardized maintenance, repair and testing
will eventually save money for the Fire Service District. The total awarded grant is $480,500. The matching County portion
will be $144,150, which is available in the budget.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the acceptance of the FEMA Grant and approved related budget amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Fire Service District Administrative Reserve (4340- 9109)
ATTACHMENTS:
04-0141.d
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.
97
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Budget Amendment
DEPARTMENT: Fire Services
BUDGET AMENDMENT #: 04-0141
ADJUSTMENT DEBIT CREDIT
FEMA Fire Act $336,350
Administrative Reserve $144,150
Capital Outlay - Equipment $9,500
Fire Expense $403,000
Motor Vehicle Purchase $65,000
Computer Expenses $3,000
EXPLANATION: To budget FEMA grant funds.
ADDITIONAL INFORMATION: Purchase of airpacks and related equipment.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
98
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Consent Item #: 3Estimated Time:Page Number:
Department: Legal Presenter: Holt Moore, Assistant County Attorney
Contact: Holt Moore, Assistant County Attorney
SUBJECT:
Settlement of Billy Earl, Beau Rivage Plantation, Inc., et al vs. New Hanover County, et al, Case
No. 03 CVS 3589
BRIEF SUMMARY:
The Board voted, during the closed session at its January 20th meeting, to settle the above-referenced lawsuit pursuant to
terms discussed at that meeting. This item is the approval of the actual settlement document.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve settlement document.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Settlement Agreement will be provided under separate cover.
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 4-0, Commissioner Boseman was recused.
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100
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Budget Amendment
Consent Item #: 4.1Estimated Time:Page Number:
DEPARTMENT: Courts - Juvenile Crime Prevention Council
BUDGET AMENDMENT #: 04-0132
ADJUSTMENT DEBIT CREDIT
Juvenile Justice State Funds $4,454
Miscellaneous $4,454
EXPLANATION: To budget State Juvenile Crime Prevention Council funds for administrative funding.
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: 02/02/04
Budget Amendment
Consent Item #: 4.2Estimated Time:Page Number:
DEPARTMENT: Various
BUDGET AMENDMENT #: 04-0133
ADJUSTMENT DEBIT CREDIT
General Fund:
Transfer In $1,742,498
Principal $885,800
Interest $826,950
Installment Debt $29,748
Public School Fund:
Principal $340,799
Interest $934,589
Transfer to General Fund $1,275,388
Water and Sewer District:
Interest $247,003
Installment Debt $22,997
Principal $270,000
Environmental Mgmt Fund:
Interest on Bonded Debt $467,110
Transfer to General Fund $467,110
EXPLANATION: To adjust debt service between funds as a result of refunding of 2003 General Obligation Bonds.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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104
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Budget Amendment
Consent Item #: 4.3Estimated Time:Page Number:
DEPARTMENT: Social Services
BUDGET AMENDMENT #: 04-0137
ADJUSTMENT DEBIT CREDIT
Share the Care Contributions $10,000
Share the Care Day Care Svcs $10,000
EXPLANATION: Received additional local contributions from the partnership for day care services.
ADDITIONAL INFORMATION: No additional County dollars required.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
105
106
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Additional Item #: 1 Estimated Time:Page Number:
Department: Governing Body Presenter: Nancy Pritchett
Contact: Nancy Pritchett
Item Does Not Require Review
SUBJECT:
Consideration of Resolution Requesting the North Carolina Turnpike Authority Consider
Building a New Southern Bridge Across the Cape Fear River to be a Toll Facility
BRIEF SUMMARY:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Tollbridge Resolu
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
107
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
REQUESTING THE NORTH CAROLINA TURNPIKE AUTHORITY
CONSIDER BUILDING A NEW SOUTHERN BRIDGE ACROSS THE
CAPE FEAR RIVER TO BE A TOLL FACILITY
WHEREAS, New Hanover County sees the importance of the orderly and efficient movement of highway traffic in
and through the greater Cape Fear region; and
WHEREAS, the North Carolina Turnpike Authority plans to hold public meetings in the Wilmington area in March
2004 to gauge public interest and support for such a toll bridge; and
WHEREAS, the Southern Bridge is a project that will provide relatively direct access to and from the Port of
Wilmington via the I-140 Wilmington Bypass as well as relieving congestion at the existing two river crossings and
providing alternative access to the southern portions of the City of Wilmington and New Hanover County and rapidly
growing areas of northeastern Brunswick County; and
WHEREAS, the North Carolina State Ports are projecting a two- to three-fold increase in freight traffic over the next
five years that will generate additional truck traffic on area arterial roadways; and
WHEREAS, New Hanover County acknowledges that the construction of the Southern Bridge as a toll facility is
likely the only viable approach to obtain the necessary funding for this project in the near-term; and
NOW THEREFORE, BE IT RESOLVED that New Hanover County requests that the North Carolina Turnpike
Authority consider construction of the Southern Bridge as one of its initial three projects authorized.
nd
ADOPTED this the 2 day of February 2, 2004.
____________________________________
Robert G. Greer, Chairman
Attest:
_____________________________________
Clerk to the Board
108
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 02/02/04
Additional Item #: 2 Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Wanda Copley, County Attorney
Item Does Not Require Review
SUBJECT:
Closed Session
BRIEF SUMMARY:
The Board needs to go into a Closed Session in order to consider a personnel matter as required by
North Carolina General Statute 143-318-11, subsection a, subsection 6.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Held closed session.
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