Agenda 2004 03-08
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
March 8, 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. Introduction of New IT Director, Leslie Stanfield5
5:50 p.m. 2. Consideration of Proclamation Designating March, 2004 as Women?s History 7
Month
Public Hearings:
5:55 p.m. 3. Public Hearing to Consider Approval of a Proposed Economic Development
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Incentive Grant to Cellco Partnership
6:05 p.m. 4.1 Rezoning - Request by Michael Nadeau for Ida Gutherie Heirs to rezone 13
approximately 0.88 acres of property located at 142 Gordon Road at the
rd
intersection of Gordon Road, Blue Clay Road and North 23 Street, from R-15
Residential to I-2 Heavy Industrial (Z-773, 02/04)
6:20 p.m. 4.2 Rezoning (Continued from February 2, 2004 meeting) - Request by Esther Lee 19
for Charles Foy to rezone 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)
6:35 p.m. 5. Consideration of Request by City Council to Return to the City Extraterritorial 31
Land Use Regulation Jurisdiction in Areas Adjacent to the City
6:45 p.m. 6. Consideration of Staffing Addition for Inspections Department35
and Related Budget Amendment 04-0152
7:00 p.m. 7. Second Reading43
Solid Waste Franchise Application by Superior Waste Services, Inc.
Ordinance Amendment for Chapter 5, Animals, Article 1, 57
7:05 p.m. 8. First Reading
Section 5-3, Duties of Animal Control Division
7:15 p.m.
Break
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7:25 p.m. 9. Meeting of the Water and Sewer District59
7:50 p.m. 10. Non-Agenda Items (limit three minutes)
8:00 p.m. 11. Additional Items:
County Commissioners
Clerk to the Board
County Attorney
County Manager
8:15 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.
7:25 p.m. 1. Non-Agenda Items (limit three minutes)
7:35 p.m. 2. Approval of Minutes61
7:40 p.m. 3. Consideration of Acceptance of Public Dedication
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Runnymeade Subdivision
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes69
71
2. Approval of Request for NCDOT to Add Road to State Highway System
73
3. Approval of Grant Application for Criminal Justice Partnership Program (CJPP)
4. Approval of Recommendations from Juvenile Crime Prevention Council (JCPC) 75
for Department of Juvenile Justice and Delinquency Prevention (DJJDP) Funds
for Fiscal Year July 1, 2004 through June 30, 2005
5. Approval of Request to for the Library to Receive Partnership for Children Grant
77
Funds and Associated Budget Amendment 04-0159
6. Approval for Museum to Apply for Grassroots Arts Grants79
Approval of Budget Amendments:
7.1 #04-0158 General Government - Room Occupancy Tax 81
7.2 #04-0161 Social Services - Child Day Care Services 83
7.3 #04-0162 Sheriff?s Office - Motor Vehicle Purchases 85
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Regular Item #: 1Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Introduction of New IT Director
BRIEF SUMMARY:
Leslie Stanfield is New Hanover County's new IT Director. She has over twelve years experience in local government
technology and is the former Management Information Systems Director of Johnston County. Leslie is a graduate of East
Carolina University and holds a Masters Degree in Business Administration. Leslie and her husband, Landis, have three
sons.
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:
Welcome Leslie.
COMMISSIONERS' ACTIONS/COMMENTS:
Leslie Stanfield was welcomed by the Board.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Regular Item #: 2Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation Designating March, 2004 as Women's History Month
BRIEF SUMMARY:
Ann Seymour has submitted the attached proclamation from the New Hanover County Commission for Women.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Women's History Month Proc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider adopting the Proclamation.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Regular Item #: 3Estimated Time:Page Number:
Department: Legal Presenter: Wanda M. Copley, County Attorney, Allen O'Neal, County Manager and Scott
Satterfield, Wilmington Industrial Development Commission
Contact: Wanda M. Copley, County Attorney and Allen O'Neal, County Manager
SUBJECT:
Public Hearing to Consider Approval of a Proposed Economic Development Incentive Grant to
Cellco Partnership
BRIEF SUMMARY:
Cellco Partnership, a Fortune 50 company, desires to locate a financial services center in New Hanover County. Wilmington
Industrial Development/Committee of 100, contractual economic development organization for New Hanover County has
worked with New Hanover County to offer a grant not to exceed $1.5 million, payable over a period of seven (7) years, with
a maximum of $215,000 per year and assistance with expediting County permitting and building inspections services. The
Board needs to consider and take action on a resolution approving the economic incentive grant.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider and approve the resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
pResol
CellcoParnershi
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hold public hearing. Consider incentive grant.
COMMISSIONERS' ACTIONS/COMMENTS:
Held public hearing, approved resolution 5-0.
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A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS,
G.S. 158-7.1 authorizes counties to make appropriations for the purpose of aiding and
encouraging the location of manufacturing enterprises and locating industrial and commercial plants in the County;
and
WHEREAS,
Cellco Partnership is considering locating a financial services center in the
corporate limits of the City of Wilmington located in New Hanover County; and
WHEREAS,
such a financial services center would include a real and personal property investment of a
minimum of $20,000,000 and the employment of 1,000 employees; and
WHEREAS,
notice of a public hearing on an economic development grant was advertised on February
27, 2004 in accordance with G.S. 158-7.1; and
WHEREAS,
the New Hanover County Board of Commissioners desires to encourage such economic growth
and development.
NOW, THEREFORE, BE IT RESOLVEDTHAT
New Hanover County will contribute to an economic
development grant for Cellco Partnership with the following provisions:
(1) An economic development grant from the County not to exceed $1.5 million, payable over a period of
seven (7) years, with a maximum of $215,000 per year.
(2) Expedited County permitting and building inspections services.
(3) An expenditure from Cellco of no less than $20,000,000 in constructing a financial services center
facility and employment of no less than 1,000 people on a full-time basis each year for a period of at
least seven years.
th
This the 8 day of March, 2004.
[SEAL] New Hanover County
______________________________
Robert G. Greer, Chairman
ATTEST: Board of County Commissioners
____________________
Deputy Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Regular Item #: 4.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Item 1: Rezoning - Request by Michael Nadeau for Ida Gutherie Heirs to rezone approximately
0.88 acres of property located at 142 Gordon Road at the intersection of Gordon Road, Blue
Clay Road and North 23rd Street, from R-15 Residential to I-2 Heavy Industrial. (Z-773, 02/04)
The Planning Board recommends approval by a vote of 6-0.
BRIEF SUMMARY:
STAFF SUMMARY:
The property is located at the intersection of Gordon Road, Blue Clay Road and 23rd Street and is in the Urban
Transition land classification. Zoning in the area was established in 1972. The I-2 heavy Industrial zoning district was
established approximately 225 feet south of the Gordon Road right of way at the rear property line of most of the residential
lots fronting Gordon Road. A large industrial flex space building occupies the majority of the I-2 district south of Gordon
Road. Some of the residential lots including the subject property extended outside the 225 foot district boundary creating
lots with residential and Industrial zoning. The petitioner is requesting a rezoning of the frontage of the subject parcel from
R-15 Residential to I-2 Heavy Industrial consistent with the zoning on the rear portion of the parcel. The subject parcel is
also bounded on the southeast side by the rail lines that run along Blue Clay and Division Drive. The property across
Division Drive is zoned AI Airport Industrial and is the current location of a State operated Jail. The parcels on the east side
of 23rd Street across from the subject property are zoned AI Airport Industrial, and the Northwestern quadrant of the
intersection across Gordon Road is still zoned R-15 Residential. The realignment of the intersection has also affected the
desirability of the property for residential use. Given the surrounding land uses, the busy intersection, and other limitations
on the subject property Staff recommends Approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 2/5/04:
The applicant presented his request. No one spoke in support or opposition. The Board voted 6-0 to
Recommend Approval. The Planning Board also recommends rezoning the resulting remnant
portion of the right of way in the southeastern corner from R-15 to I-2 as well.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
md
Z-773 Pet SuZ-773 Sum.
2 doc and map
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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: 03/08/04
Regular Item #: 4.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Item 2: Rezoning (Cont?d from Feb 2 CC Mtg) - Request by Esther Lee for Charles Foy to rezone
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)
BRIEF SUMMARY:
STAFF 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.
The subject property is a long narrow parcel approximately 120 feet wide by approximately 1130 feet long.
Approximately half of the northern boundary is adjacent to an existing B-2 district established in 1984. The southern
boundary is also adjacent to an existing B-2 Highway Business District established in 1997. The front part of the parcel is
adjacent to a B-2 District established later in 1997. While staff did not support the rezoning of the large parcels to the north
and south of the subject site it was noted in the later petition, that part of this parcel should be rezoned. At the time the
larger parcels were rezoned staff cited several concerns including the depth of the zoning, inconsistencies with the
comprehensive plan, and effects on traffic flow on Market Street.
In acknowledging that commercial zoning surrounds most of the subject property, there is a transitional area of
wetlands and class IV soils along the back 800± feet. If left undisturbed, this area could provide some additional buffering
and protection for the residential property to the north. Therefore, staff recommends that the B-2 zoning District should
only extend to the SHOD Boundary or no further than the district line to the north.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
BOARD OF COMMISSIONERS 2/2/04:
After the petitioner presented the case the Board voted to continue the item to allow the applicants? attorney one
more opportunity to contact the owner of the parcel.
PLANNING BOARD RECOMMENDATION 1/8/04:
Prior to the applicant presenting her request Staff explained that the petitioner 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: N/A
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ATTACHMENTS:
Z-771 Pet Sumd
Z-771 Sum.
3 doc and map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Davis dissenting.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Regular Item #: 5Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal
SUBJECT:
Consideration of Request by City Council to Return to the City Extraterritorial Land Use
Regulation Jurisdiction in Areas Adjacent to the City
BRIEF SUMMARY:
The Wilmington City Council unanimously approved a resolution on February 3, 2004 which requests that the New Hanover
County Board of Commissioners agree to return to the City extraterritorial land use regulation jurisdiction in areas adjacent
to the County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider request.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Letter from the City of Wilmington and a copy of the resolution approved by City Council on February 3, 2004.
REVIEWED BY:
LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider request.
COMMISSIONERS' ACTIONS/COMMENTS:
Item postponed at the request of the City.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Regular Item #: 6Estimated Time:Page Number:
Department: Inspections Presenter: Jay Graham
Contact: Jay Graham
SUBJECT:
Consideration of Staffing Addition for Inspections Department
BRIEF SUMMARY:
Due to increased and sustained construction activity that has been well documented in both the attached internal facts and
statistics as well as popular public media reporting, it has now become necessary to increase staffing levels by nine
positions within the Department of Code Enforcement Services. This response is required to maintain adequate levels of
available staff hours necessary to meet our legal commitments as well as our adopted mission statement of "Preserving
and Protecting the Lives and Property of Our Community". The Department of Code Enforcement Services has been able
to secure the support of the construction community for this request through the representative organizations of CFAHBA
and BASE.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Board of Commissioners approve the request for additional staff to be funded by user fees
generated from Code Enforcement Services fee revenue with the caveat of a Reduction of Force Policy should fees not be
able to support the positions for an undue length of time in the unforeseen future. Staff recommends approval of related
budget amendment.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions: 9
Explanation:
(2) Zoning Code Enforcement Officers
(1) Building, (1) Plumbing, (1) Mechanical and (1) Electrical Code Enforcement Officers
(1) Code Administration Services Technician
(1) Assistant Chief Code Administration Services Code Official
(1) Code Enforcement Services Information Systems Support Specialist.
FY03-04 cost for the remainder of the FY (2 months) will be $91,523. FY04-05 cost is estimated to be $440,000. FY03-04
revenue is estimated to exceed expenditures by $400,000 and FY04-05 revenue is estimated to be at least equal to
expenditures.
ATTACHMENTS:
A Historic Overview of Construction Spending Growth in New Hanover County FY95/96 - FY03/04*: This document
breaks down construction spending into the six major categories of construction and compares the rate of
increase/decrease for the past nine years. Included is a history of positions added and lost during the same time period.
Construction Activity Comparison by Category: A stacked bar chart that visually illustrates the overall contribution of
each individual construction category to the whole value of construction activity.
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New Construction Permits Value vs All Permits Value: A three dimensional line chart that illustrates the relationship
between New Construction Activity and All Construction Activity.
New Hanover County Permit Report: A monthly report with a year-to-date summary of construction spending, permits
issued, inspections performed and fee revenues generated both in the current fiscal year and compared to the last fiscal
year at the same time.
04-0152.d
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval. The new positions will be funded/paid for by revenues from inspections fees.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5 new positions, to be re-evaluated within six months (sooner if necessary) 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Budget Amendment
DEPARTMENT: Inspections
BUDGET AMENDMENT #: 04-0152
ADJUSTMENT DEBIT CREDIT
Inspection Revenues $45,024
Salaries and Wages $18,449
Social Security Taxes $1,412
Medical Insurance Expense $5,600
LT. Disability Insurance $53
Uniforms $1,360
Telephone Expense $2,000
Departmental Supplies $7,800
Employee Reimbursements $2,150
Capital Outlay - Equipment $6,200
EXPLANATION: To budget greater than anticipated inspection revenue for an additional 5 positions and related
expenses in Inspections.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5 new positions, to be re-evaluated within six months (sooner if necessary) 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Regular Item #: 7Estimated Time:Page Number:
Department: Legal Presenter: Holt Moore, Assistant County Attorney
Contact: Holt Moore, Assistant County Attorney
SUBJECT:
Second Reading
Solid Waste Franchise Application by Superior Waste Services, Inc.
BRIEF SUMMARY:
Superior Waste Services, Inc., a new solid waste hauling company, has applied for the required County solid waste
franchise. The information required by the County Code has been provided to the Legal Department. The franchise
application passed unanimously upon first reading. This is the second reading required per the State statute regarding
franchises.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider franchise and grant or deny the franchise.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Explanatory memorandum; Copy of County Code requirements; Application materials; Proposed franchise.
REVIEWED BY:
LEGAL: Approve FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider franchise. Conduct second reading.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Regular Item #: 8Estimated Time:Page Number:
Department: Legal Presenter: David Rice, Health Director and Jean McNeil, Public Health Division Manager
Contact: Cindy Kee-MacPherson, Paralegal
SUBJECT:
First Reading
Ordinance Amendment for Chapter 5, Animals
BRIEF SUMMARY:
The Animal Control Division mails approximately 350 electronic citations per month. The current ordinance requires
citations to be served in person or by registered mail with return receipt. It currently costs $4.42 per parcel for an
approximate cost of $1,326 per month. The cost of certified mail with no return receipt is $.67 for three (3) or more parcels
for an approximate cost of $201 for 350 citations. Also, experience dictates that an individual will not pick up registered
mail requiring a return receipt if they know it contains a citation.
Though the current ordinance requires the violator to either pay the citation or make a written appeal within 7 days of receipt
of said citation, the Animal Control Division as well as the Sheriff?s, Inspections? and Fire Marshall?s offices allow 20 days
from the date of the citation to pay or appeal.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the ordinance amendment. A second reading will be required if the ordinance amendment is not unanimously
approved by the Board.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
o
AC ORDINANCE.d
REVIEWED BY:
LEGAL: Approve 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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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.
7:55 p.m. 1. Non-Agenda Items (limit three minutes)
8:05 p.m. 2. Approval of Minutes 61
8:10 p.m. 3. Consideration of Acceptance of Public Dedication 63
Runnymeade Subdivision
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Water & Sewer Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
SUBJECT:
Water and Sewer: Approval of Minutes
BRIEF SUMMARY:
Approval of Minutes of the following meetings:
Regular Meeting February 2, 2004
Closed Session January 5, 2004
Closed Session January 20, 2004
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes as presented by Clerk to the District Board.
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:
Approve minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Water & Sewer Item #: 3Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Christine Q. Neal
SUBJECT:
Acceptance of Public Dedication
Runnymeade Subdivision
BRIEF SUMMARY:
The County has proposed to build a County sewer line in a dedicated drainage area/easement in the Runnymeade
Subdivision. This is the most efficient route for service to this area. The drainage area/easements were not originally
deeded to the District. The drainage area/easements are platted and offered for public acceptance. Attached is a
resolution accepting the drainage area/easements.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend the District Board accept the drainage area/easements and authorize the Chairman to execute document of
acceptance.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
IvyWood@Runnymeade-Chap153AAcceptanceRe
Location Map
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend the District Board accept the drainage area/easements and authorize the Chairman to execute document of
acceptance.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 69
2. Approval of Request for NCDOT to Add Road to State Highway System 71
3. Approval of Grant Application for Criminal Justice Partnership Program (CJPP) 73
4. Approval of Recommendations from Juvenile Crime Prevention Council (JCPC) 75
for Department of Juvenile Justice and Delinquency Prevention (DJJDP) Funds
for Fiscal Year July 1, 2004 through June 30, 2005
5. Approval of Request to for the Library to Receive Partnership for Children Grant 77
Funds and Associated Budget Amendment 04-0159
6. Approval for Museum to Apply for Grassroots Arts Grants 79
Approval of Budget Amendments:
7.1 #04-0158 General Government - Room Occupancy Tax 81
7.2 #04-0161 Social Services - Child Day Care Services 83
7.3 #04-0162 Sheriff?s Office - Motor Vehicle Purchases 85
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Consent Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
SUBJECT:
Consent Agenda: Approval of Minutes
BRIEF SUMMARY:
Approval of Minutes of the following meetings:
Regular Meeting February 2, 2004
Closed Session January 5, 2004
Closed Session January 20, 2004
Closed Session February 2, 2004
Closed Session January 21, 2003
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes of meetings as presented by Clerk to the Board.
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:
Approve minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Consent Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter:
Contact: Teresa Elmore
Item Does Not Require Review
SUBJECT:
Approval of Request for NCDOT to Add Road to the State Highway System
BRIEF SUMMARY:
North Carolina DOT recommends the addition of the following road to the State Highway System:
Passage Gate Way, in Crown Ridge at Tidalholm Subdivision (Div. File No: 1043-N)
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval.
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: 03/08/04
Consent Item #: 3Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Patricia A. Melvin
SUBJECT:
Approval of Grant Application for Criminal Justice Partnership Program (CJPP) FY 2004-2005
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 and partially fund the Pretrial Release program. 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 contract with Coastal Horizons.
The Pretrial Release program has saved 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. Without the Pretrial
Release program, our jail would have as many as 100 more inmates per day over the current level.
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 recommended submission of this plan to the State at their February 20, 2004 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: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
A copy of the Application for Continuation of Implementation Funding is available for review in the County Manager's Office.
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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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Consent Item #: 4Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Patricia A. Melvin
SUBJECT:
Recommendations from the Juvenile Crime Prevention Council for Department of Juvenile
Justice and Delinquency Prevention Funds for Fiscal Year July 1, 2004 through June 30, 2005
BRIEF SUMMARY:
The Juvenile Crime Prevention Council (JCPC) is responsible for making recommendations to the Board of County
Commissioners for funding provided by the Department of Juvenile Justice and Delinquency Prevention (DJJDP) on an
annual basis. The JCPC recommends the following agencies be funded for the fiscal year beginning July 1, 2004. This
recommendation, if approved, must be submitted to the State for final approval. The recommendations are as follows:
Recommended
Psychological Services (SEMH) $114, 862
Home-Based Services (SEMH) 90,000
Juvenile Day Treatment Center 203,045
Teen Court 30,000
Administrative 13,000
TOTAL $450,907
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the recommendations from the JCPC as presented above.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: NC Department of Juvenile Justice and Delinquency Prevention (no County funds required).
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with the recommendation of the JCPC.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Consent Item #: 5Estimated Time:Page Number:
Department: Library Presenter:
Contact: David M. Paynter
SUBJECT:
Partnership for Children Grant
BRIEF SUMMARY:
The Library has received a final budget and contract for the New Hanover County Partnership for Children, which will be
used to provide library services to child care centers in New Hanover County. The original grant is in the amount of
$110,000, however, $25,000 was approved in the original budget process and $41,000 was budgeted in September. The
remaining balance to be budgeted is $44,000. Funding Source is non-local from Partnership for Children.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request approval to accept and receive grant funds and approve associated budget amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
$25,000 - was budgeted in the Adopted Budget
$41,000 - received additional funds in September
$44,000 - received (BA attached, awaiting approval)
$110,000 - Total of Grant
ATTACHMENTS:
04-0159.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.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Budget Amendment
DEPARTMENT: Library - 6115 Partnership for Children
BUDGET AMENDMENT #: 04-0159
ADJUSTMENT DEBIT CREDIT
Partnership for Children Grant $44,000
Temporary Salaries $32,533
Social Security Taxes $2,489
Departmental Supplies $503
Employee Reimbursements $1,382
Postage Expense $160
Printing Charges $300
Dues and Subscriptions $65
Books and Periodicals $6,568
EXPLANATION: To budget an additional $44,000 received from the Partnership for Children Grant.
ADDITIONAL INFORMATION: Funds will be used to provide Library services to child care centers in New Hanover
County.
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: 03/08/04
Consent Item #: 6Estimated Time:Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Grassroots Arts Grants
BRIEF SUMMARY:
Cape Fear Museum 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 the designated partner to manage the Grassroots Arts Grants
distributed by the North Carolina Arts Council to New Hanover County. CFM will request the amount (estimated at $22,000)
with 90% to be further distributed as sub-grants to local 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 and
secure 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 ongoing development of the Greater Wilmington Arts Alliance
(or its equivalent in the event of a name change) with the expectation that this foundling organization will qualify within the
coming year to achieve designation as the County Partner with the Grassroots Arts Program.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend County 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 as "management" will fund a graduate student
intern working for the Museum for 10 weeks @ 10 hours/week @ $200. The interns assignment will be to organize and
manage the front end of the sub-granting Grassroots Arts program.
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendation noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Budget Amendment
Consent Item #: 7.1Estimated Time:Page Number:
DEPARTMENT: General Government - Room Occupancy Tax
BUDGET AMENDMENT #: 04-0158
ADJUSTMENT DEBIT CREDIT
Room Occupancy Tax First 3%:
ROTS Collection Fees $11,500
ROTS - Carolina Beach $358,266
ROTS - Wrightsville Beach $790,298
ROTS - Kure Beach $0
ROTS - Wilmington $1,269,048
Contracted Services $11,500
TDA - 2nd 3% Carolina Beach $358,266
TDA - 2nd 3% Wrightsville B. $790,298
TR - Wilmington Special Acct. $1,269,048
Room Occupancy Tax 2nd 3%:
ROTS Collection Fees $11,500
ROTS - Carolina Beach $358,266
ROTS - Wrightsville Beach $790,298
ROTS - Kure Beach $0
ROTS - Wilmington $1,269,048
Contracted Services $11,500
TDA - 2nd 3% Carolina Beach $358,266
TDA - 2nd 3% Wrightsville B. $790,298
Special Account Wilmington $1,269,048
TDA - 2nd 3% Kure Beach $0
EXPLANATION: To adjust budget for Room Occupancy Tax in accordance with direction from auditors.
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: 03/08/04
Budget Amendment
Consent Item #: 7.2Estimated Time:Page Number:
DEPARTMENT: Social Services
BUDGET AMENDMENT #: 04-0161
ADJUSTMENT DEBIT CREDIT
Child Day Care:
Office Day Care Services $638,480
Day Care Services $638,480
EXPLANATION: To budget additional dollars for child day care services. Original projected estimate was that the
County would have a $1 million shortfall if additional funds were not received. This additional funding will reduce
the projected shortfall to $354,000. During the first week of March, 2004, the County will learn if there is any
additional child day care funding. The County initiated a waiting list in the late summer for day care; there are
currently 390 children on the waiting list.
ADDITIONAL INFORMATION: If no additional funding becomes available, 276 children who are currently receiving
day care services will have to be terminated.
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: 03/08/04
Budget Amendment
Consent Item #: 7.3Estimated Time:Page Number:
DEPARTMENT: Sheriff's Office
BUDGET AMENDMENT #: 04-0162
ADJUSTMENT DEBIT CREDIT
Administration:
Other $4,425
Motor Vehicle Purchases $4,425
EXPLANATION: To budget insurance proceeds for vehicle purchases.
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: 03/08/04
Additional Item #: 1Estimated Time:Page Number:
Department: Finance Presenter: Bruce Shell
Contact: Bruce Shell
SUBJECT:
Budget Amendment to Close Purchase of Land for Well Field Treatment Plant
BRIEF SUMMARY:
On August 18, 2003, the Commissioners approved the purchase of 46.4 acres in the northeastern part of the county to
provide well fields for a drinking water treatment plant. The property is scheduled for closing and a budget amendment is
necessary to appropriate the funds. The funds ($1,110,377) are appropriated from the water and sewer district's fund
balance.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve budget amendment
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
d
ba2004-43.
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0
87
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Budget Amendment
DEPARTMENT: Well Field/Water-Sewer Operating
BUDGET AMENDMENT #: 2004-43
ADJUSTMENT DEBIT CREDIT
Well Field
Transfer in from Fund 800 $1,110,377
Extended Project Expense $1,110,377
Water/Sewer Operating
Appropriate Fund Balance $1,110,377
Transfer to Capital Project $1,110,377
EXPLANATION: To budget transfer in from Fund 800 for property purchase
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
88
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/08/04
Additional Item #: 2Estimated Time:Page Number:
Department: Finance Presenter: Bruce Shell, Finance Director
Contact: Bruce Shell, Finance Director
SUBJECT:
Additional Item
General Obligation Debt Refunding Bonds, Series 2004
BRIEF SUMMARY:
The Board of County Commissioners is asked to introduce and approve a resolution to confirm the maturities of and rates
of interest to be borne by the debt refunding bonds. The Finance Director will present to the Board the savings incurred due
to the March 2, 2004 sale of the debt refunding bonds.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear Finance Director's presentation. Consider and approve resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
DebtRefundingConfirmationResolution-March8th-
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
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A RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
CONFIRMING THE MATURITIES OF AND RATES OF INTEREST
TO BE BORNE BY THE
$46,225,000 GENERAL OBLIGATION REFUNDING BONDS OF
THE COUNTY OF NEW HANOVER
WHEREAS, the Local Government Commission of North Carolina has informed the Board of
Commissioners of the sale of the County of New Hanover $46,225,000 General Obligation Refunding Bonds,
Series 2004, dated March 1, 2004 (the ?Bonds?) and that the contract of sale contemplates that the Bonds shall be
payable and bear interest as hereinafter provided; and
WHEREAS, the Board of Commissioners of the County of New Hanover (the "Issuer") desires to take
such actions as are necessary to approve the terms of such sale and to authorize and/or confirm such other actions
contemplated by such sale: NOW THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the Issuer, as follows:
1. The Board of Commissioners approves the sale of the Bonds to Goldman Sachs & Co. and
Associates on the terms accepted by the Local Government Commission.
2. The Bonds shall mature on November 1 in the years and principal amounts and bear interest from
their date payable on November 1, 2004 and semi-annually thereafter on May 1 and November 1 at the rates per
annum, as follows:
Year Principal Amount Interest Rate
2004 $1,075,000 5.00%
2005 100,000 3.00
2006 100,000 3.00
2007 835,000 5.00
2008 835,000 5.00
2009 840,000 5.00
2010 840,000 5.00
2011 3,845,000 5.00
2012 3,825,000 5.00
2013 3,805,000 5.00
2014 3,780,000 5.00
2015 3,755,000 5.00
2016 5,360,000 5.00
2017 5,675,000 5.00
2018 7,570,000 4.00
2019 3,985,000 4.00
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The aggregate issue size and individual bond maturity provisions set forth in the bond resolution adopted by the
Board on February 25, 2004 are revised and amended accordingly.
3. The Chairman and the Deputy Clerk of the Board of Commissioners, the County Manager, the
Finance Director and other officers of the Issuer are hereby authorized and directed to take all other actions
necessary in connection with the sale and issuance of the Bonds and the effectuation of the purposes for which
the Bonds are being issued.
4. This resolution shall become effective upon its adoption.
th
This the 8 day of March, 2004.
[SEAL]
NEW HANOVER COUNTY
____________________________
ATTEST: Robert G. Greer, Chairman
Board of Commissioners
______________________
Deputy Clerk to the Board
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