Agenda 2004 06-07
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 SHEILA SCHULT, CLERK TO THE BOARD
June 7, 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.
5:40 p.m. 1. Consideration of Proclamation Declaring June 19, 2004 Cape Fear Power 5
Squadron Day in Commemoration of its 90th Anniversary
5:45 p.m. 2.Consideration of Recommended Funding to Specific Organizations and7
6:30 p.m.
Public Hearing on the FY 2004-2005 Recommended Budget
7:00 p.m. 3.1 9
Public Hearing
Rezoning ? Request by Sonja Powell to Rezone Approximately 4.0 Acres of
Property Located at 4133 Blue Clay Road on the Eastern Corner of Blue Clay
Road and Juvenile Center Drive from R-15 Residential to I-1 Light Industrial
(Z-776, 04/04)
7:30 p.m.
Break
7:40 p.m. 3.2 13
Public Hearing
Special Use Permit ? Request by Inland Harbour Properties, LLC for a Special
Use Permit to Operate an Indoor/Outdoor Recreation Establishment and Child
Daycare in an R-20 Residential District Located at 3102 Middle Sound Loop
Road (S-515, 05/04)
8:10 p.m. 3.3 17
Public Hearing
Special Use Permit ? Request by David Welch for Kiyoko Russ for a Special
Use Permit to Locate a Residential Duplex on a 20,000 Square Foot Lot in an
±
R-10 Residential District (S-516, 05/04)
8:25 p.m. 3.4 23
Public Hearing
Special Use Permit ? Request by Vicki Broussard for Special Use Permit to
Operate a Child Daycare Facility for 12 Children in an R-10 Residential Zoning
District Located at 602 Shawnee Trail near Silver Lake (S-517, 05/04)
8:40 p.m. 3.5 29
Public Hearing
Special Use Permit ? Request by Alltel Communications, Inc. for a Special Use
Permit to Locate a 15? X 17? Wireless Equipment Compound Associated with
the Collection of a Cellular/PCS Antenna on an Existing Electrical Pole in a
B-1 Neighborhood Business District Located at 4126 South College Road
(S-518, 05/04)
35
8:50 p.m. 4. Presentation on the Airlie Garden Services Building and Consideration of
Award of Bid for the Project and Associated Budget Amendment # 2004-53
37
9:10 p.m. 5. Consideration of Acceptance of 2004 Community Waste Reduction and
Recycling Grant and Associated Budget Amendment # 04-0205
53
9:20 p.m. 6. Consideration of Award of Bid for the New Sheriff?s Administration Building
and Associated Budget Amendment#2004-54
9:40 p.m.
Break
57
9:50 p.m. 7. Meeting of the Water and Sewer District
10:25 p.m. 8. Non-Agenda Items (limit three minutes)
10:35 p.m. 9. Additional Items:
County Commissioners
Clerk to the Board
County Attorney
County Manager
10:50 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.
2
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
9:50 p.m. 1. Approval of Minutes59
61
9:55 p.m. 2. Consideration of Sewer Connection to Dogwood Mobile Home Park
10:05 p.m. 3. Consideration of Request for Exemption of Water Development Fees for the
71
Brookfield/Brierwood Subdivision
10:15 p.m. 4. Consideration of Request for Temporary Water for Heritage Woods Subdivision77
3
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes81
83
2. Approval of Appointment of Robert G. Greer as the Voting Delegate to the NACo
Annual Conference
3. Approval of Authorization to Write Letter of Support for Nominations to the 85
Coastal Resources Commission (CRC)
4. Acknowledgement and Approval of New Hanover County Schools Budget 91
Amendments
5. Approval of Award of Pre-position Contract for Debris Removal97
6. Approval to Accept a Grant from Factory Mutual Insurance Company for Arson 101
Detection Equipment and Associated Budget Amendment #04-0212
Approval of Budget Amendments:
105
7.1 #04-0213 Aging
7.2 #04-0215 Museum107
4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Commissioner Caster
Contact: Bill Payne
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation Declaring June 19, 2004 as Cape Fear Power Squadron Day in
Commemoration of its 90th Anniversary
BRIEF SUMMARY:
Bill Payne, Commander of the Cape Fear Power Squadron, requests the Board of Commissioners adopt a Proclamation
declaring June 19, 2004 as Cape Fear Power Squadron Day in commemoration of its 90th Anniversary. Founded in 1951,
the Cape Fear Power Squadron has supplied 53 years of continuous service conducting safe boating classes and vessel
safety examinations for recreational boaters.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
proclamation-powersquadro
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
5
6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Chairman Greer
Contact: Allen O'Neal, County Manager
Cam Griffin, Budget Director
SUBJECT:
Review Recommended Funding with Specific Organizations and Hold a Public Hearing on the
FY 2004-2005 Recommended Budget
BRIEF SUMMARY:
Beginning at 5:45 p.m., on June 7, 2004, the Board of County Commissioners will review FY 2004-2005 recommended
funding with specific organizations and hold a public hearing at 6:30 p.m. to receive public comments on the FY 2004-2005
Recommended Budget.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Begin at 5:45 p.m., on June 7, 2004, to review FY 2004-2005 recommended funding with specific organizations and hold a
public hearing at 6:30 p.m. to receive public comments on the FY 2004-2005 Recommended Budget.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendation noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
Conducted public hearing.
7
{This page intentionally left blank}
8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 3.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
SUBJECT:
Rezoning - Request by Sonja Powell to Rezone Approximately 4.0 Acres of Property Located at
4133 Blue Clay Road on the Eastern Corner of Blue Clay Road and Juvenile Center Drive from
R-15 Residential to I-1 Light Industrial (Z-776, 04/04). The Planning Board Recommends
Approval by a Vote of 3-2.
BRIEF SUMMARY:
The petitioner is requesting a rezoning of 4.0 acres of property from R-15 Residential to I-1 Light Industrial. The uses
permitted for light industrial are more compatible for smaller parcels where industrial flex space, professional offices,
contractors or retail services might locate.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
At the Planning Board Public Hearing the applicant revised the rezoning request from Heavy Industrial to Light Industrial as
recommended by Staff. The applicant explained that he had met with the adjacent neighbors and showed them a site plan
for the first phase of development. Two neighbors stated their concern about future development on the remainder of the
parcel. After discussion about the minimum setbacks and existing buffering on the property, the Planning Board voted 3-2
to recommend approval of the I-1 Light Industrial Zoning.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
Z-776 Pet Sumz-776 sum.d
2 documents and 1 map
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Continued to July 12, 2004 meeting 5-0.
9
10
11
12
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 3.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
SUBJECT:
Case: S-515 Special Use Permit for: Indoor/Outdoor Recreation Establishment & Child
Daycare in an R-20 Residential District Located on Middle Sound Loop Road
BRIEF SUMMARY:
Request by Inland Harbour Properties, LLC for a Special Use Permit for an Indoor/Outdoor Recreation Establishment and
Child Daycare for 110 children for the property located on Middle Sound Loop.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Grady Richardson, Attorney for Inland Harbour Properties, LLC, presented the request for an Indoor/Outdoor Recreation
Establishment and Child Daycare. Mr. Richardson stated that the traffic for the facility would generally be off peak hour
traffic and based on the nature of family oriented pools and clubs the traffic would typically not occur when school was in
session. Three people spoke in support of the request including one neighbor who lives directly adjacent to the proposed
Daycare. A group of Middle Sound Residents appointed three people to state their opposition and present their concerns.
The primary concerns presented were noise from swim meets and parties, lighting, access from Harlandale, traffic flow,
parking, alcohol sales, and hours of operation. One representative provided the Board with a list of ten conditions that the
Planning Board should consider before taking any action on the special use permit. After significant discussion among the
Board, Staff, the petitioner's attorney, and representatives from the opposition, the Planning Board voted 5-0 to approve the
request with four conditions: 1) Swim meets at the pool shall be limited to intra-club competition or a maximum of two
teams 2) There shall be no sale of alcohol, 3) Hours of operation shall be limited to 6 am to 10 pm 4) Lighting for the project
shall be directed inward to the project and downward as illustrated.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-515 Findings of S-515 Pet Sum
6 documents 4 maps
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Continued until the July 12, 2004 meeting by a vote of 4-1, Greer dissenting.
Changed to continue item to August 2, 2004. Commissioner Boseman will be absent on July 12. The parties were
consulted prior to the change. (06/10/04)
13
14
15
16
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 3.3Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
SUBJECT:
Case: S-516, 05/04 Special Use Permit for: A Duplex in an R-10 Residential District Located
at 4913 Redheart Drive
BRIEF SUMMARY:
Request by David Welch for Kiyoko Russ for a Special Use Permit for a duplex in an R-10 District located at 4913 Redheart
Drive.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The applicant stated the request. There were no questions of the petitioner and no one spoke in support or opposition to
the request. The Planning Board voted 5-0 to recommend approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-516 Pet SumS-516 Finding of F
2 documents and 2 maps
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
17
18
19
20
21
{This page intentionally left blank}
22
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 3.4Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
SUBJECT:
Case: S-517, 05/04 Special Use Permit for Child Daycare Facility for 12 Children in an R-10
Residential Zoning District Located at 602 Shawnee Trail
BRIEF SUMMARY:
Request by Vicki Broussard for a Special Use Permit to expand an existing daycare facility to 12 children in an R-10
Residential Zoning District located at 602 Shawnee Trail.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The petitioner stated the request to expand her existing daycare operation to include 12 children. One nearby resident
spoke in support of the request and no one spoke in opposition. The Planning Board voted 5-0 to recommend approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-517 Finding of FS-517 Pet Sum
2 documents and 2 maps
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
23
24
25
26
27
{This page intentionally left blank}
28
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 3.5Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
SUBJECT:
Case: S-518, 05/04 Special Use Permit for: A Wireless Equipment Compound Associated with
the Collocation of a Cellular & PCS Antenna Located at 4126 South College Road
BRIEF SUMMARY:
Request by Alltel Communications for a Special Use Permit for a wireless equipment compound associated with the
collocation of a Cellular and PCS antenna on property located at 4126 S. College Road
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The petition presented the request to locate wireless equipment in a B-1 Neighborhood Business District. The petitioner
showed some digital pictures of the proposed project on the existing site and explained that the equipment compound
would be fenced and screened with landscape material. No one spoke in support or opposition to the request. The
Planning Board voted 5-0 to recommend approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-518 Pet SumS-518 Finding of F
2 documents and 3 maps
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
29
30
31
32
33
34
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 4Estimated Time:Page Number:
Department: Engineering Presenter: Chip Hemingway with BMS Architects
Contact: Max Maxwell
SUBJECT:
Airlie Gardens Services Building
BRIEF SUMMARY:
On May 4th, 2004 staff received bids on the Airlie Gardens Services Building. This building will provide space for the
essential support functions for the Gardens. The main functions of the building are to provide Public Restrooms, a
maintenance shop, offices for garden staff and a classroom for the Environmental Education Program. The Airlie
Foundation has reviewed the plans and fully supports this project. Chip Hemingway with BMS Architects will give a
presentation on the Project and answer any questions. The apparent low bidder is NRL Builders with a bid of $ 706,455.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff requests that the Board of Commissioners approve the associated budget amendment to cover the cost of
construction and authorize the chairman to execute the contract with NRL Builders, Inc. in the amount of $ 706,455.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Fund 305-495-3050-7300-6000
ATTACHMENTS:
d
ba2004-53.
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
35
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Budget Amendment
DEPARTMENT: Veterans Park/Airlie Capital Project
BUDGET AMENDMENT #: 2004-53
ADJUSTMENT DEBIT CREDIT
Veterans Park
Sales Tax Refund $94,329
Interest on Investments $785,766
Transfer to Airlie Cap. Project $509,455
Transfer to General Fund $370,640
Airlie Capital Project
Transfer in from Veterans Park $509,455
Extended Project Expense $509,455
EXPLANATION: To begin the fund close process for Veterans Park to enable a transfer to the Airlie Capital
Project for the Airlie Gardens Facilities Center.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 5Estimated Time:Page Number:
Department: Environmental Management Presenter: Jason Hale, Solid Waste Planner
Contact: Jason Hale
SUBJECT:
2004 Community Waste Reduction and Recycling Grant
BRIEF SUMMARY:
The Department of Environmental Management has been offered a grant in the amount of $25,000 from the N.C.
Department of Environment and Natural Resources-Division of Pollution Prevention and Environmental Assistance
(contract #H04060). The associated project involves the implementation of a construction and demolition waste recycling
program at the County landfill. The grant will be used to purchase sorting and loading equipment. The required match of
$2,500 is available in the operating budget.
This item was delayed at the May 17, 2004 Board of Commissioners meeting so that staff could provide additional
information to address questions from the Board.
The first questions were about the percentage of payment, time frame for payment and the grant amount as opposed to the
cost of the equipment. The state grant request is for $25,000 to apply towards the purchase of a front end loader to use in
sorting construction/demolition (C&D) waste. The cost of the loader is $130,000 and has been included in the FY '05
budget. Staff is currently in the process of writing specifications for the purchase of that equipment. When the equipment
is delivered, we will notify the state and they will send us a check for $22,500 (90% of the $25,000). Once we operate for a
few months (and prior to March 15, 2005) we will submit a report, at which time the state will send us the remainder of the
money $2,500 (10%). The grant requires a 10% match from the County ($2,500). The County match is actually $105,000,
the difference between the total cost of the loader ($130,000) and the state's grant ($25,000). Again, the loader was part of
the routine budget process and included in the landfill's installment payment line item.
Staff was also asked to provide more information about the contract with Green Power. The County entered into a Pilot
Project with Green Power to sort and recycle C&D waste. They were paid $20/ton to sort, grind, and remove wood that they
used for boiler fuel. They operated from May - November and had only minor success for a number or reasons. Major
problems noted by staff were a lack of proper equipment and supervision. In November they removed their equipment
and left without any communication or explanation. A contract was bid through the routine RFP and awarded to Diversified
Biomass. We will do the sorting of the C&D waste and Diversified Biomass will grind and remove the wood for $4/ton.
Staff hopes to begin in the next couple of weeks.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request acceptance of the grant; request authorization for the County Manager to sign the grant document; request
approval of associated budget amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
37
Construction & Demoliti04-0205.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 3-2, Caster and Greer dissenting.
38
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/17/04
Budget Amendment
DEPARTMENT: Environmental Management
BUDGET AMENDMENT #: 04-0205
ADJUSTMENT DEBIT CREDIT
Recycling:
Waste Reduction Grant $25,000
Capital Outlay - Equipment $25,000
EXPLANATION: To budget the 2004 Community Waste Reduction and Recycling Grant received from the North
Carolina Department of Natural Resources. Funds are to be used for purchasing sorting and loading equipment.
ADDITIONAL INFORMATION: The required match of $2,500 is available in the operating budget.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 3-2.
39
40
41
42
43
44
45
46
47
48
49
50
51
52
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Regular Item #: 6Estimated Time:Page Number:
Department: Engineering Presenter: Max Maxwell/Sheriff Causey
Contact: Max Maxwell
SUBJECT:
New Sheriff's Administration Building
BRIEF SUMMARY:
On May 13th, 2004, staff received bids on the New Sheriff's Administration Building. The apparent low bidder for this
project was Waldkirk & Saunders with a total bid in the amount of $605,733. Funding for this project will come from existing
interest income from certificates of participation, additional contributions from the Sheriff's Department, and from fund
balance.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the project be awarded to Waldkirk and Sanders in the amount of $605,733 and authorization for
the chairman to execute the contract. Request approval of associated budget amendment #2004-54.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: 366-431-3661-7300-6000
ATTACHMENTS:
ba2004-54.d
Certified Bid Tab
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Davis dissenting.
53
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Budget Amendment
DEPARTMENT: Sheriff's Adm. Building/
Federal Forfeited Property/
Commissioners/Transfers
BUDGET AMENDMENT #: 2004-54
ADJUSTMENT DEBIT CREDIT
Sheriff's Adm. Building
Interest on Investments $236,358
Transer from Fed. Forfeited Property $150,000
Transfer from General Fund $309,375
Extended Project Expense $695,733
Commissioners
Appropriate Fund Balance $309,375
Transfers to Other Funds
Transfer to Sheriff's Adm. Bldg. $309,375
Federal Forfeited Property
Federal Forfeited Property rev. $150,000
Transfer to Sheriff's Adm. Bldg. $150,000
EXPLANATION: To establish budget for the Sheriff's Administration Building
54
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1.
55
56
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.
9:50 p.m. 1. Approval of Minutes 59
9:55 p.m. 2. Consideration of Sewer Connection to Dogwood Mobile Home Park 61
10:05 p.m. 3. Consideration of Request for Exemption of Water Development Fees for the 71
Brookfield/Briarwood Subdivision
10:15 p.m. 4. Consideration of Request for Temporary Water for Heritage Woods Subdivision 77
57
{This page intentionally left blank}
58
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Water & Sewer Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes of Water and Sewer District Board, May 17, 2004
BRIEF SUMMARY:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Minutes
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve minutes.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
59
{This page intentionally left blank}
60
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Water & Sewer Item #: 2Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Sewer - Dogwood Mobile Home Park
BRIEF SUMMARY:
On April 22, 2004, the Health Department provided a summary of the septic system issues associated with Dogwood
Mobile Home Park to County Engineering and a recommendation that connection to the County's sewer system would be
beneficial to the environment and to the public. In summary, the septic systems that serve Dogwood Mobile Home Park
were originally installed between 1969 and 1971. Complaint records for this park indicate problems developing with these
systems as early as 1981. There have been recent concerns for public health and the environment presented by
individuals who represent the neighborhood that surrounds the park.
The New Hanover County Code of Ordinances, Section 56-131, states that the County will construct the necessary sewer
collection system in manufactured mobile home parks. It has been the policy of the County to install these systems as
funds became available and, to date, there are two remaining manufactured home parks to be served, Dogwood Mobile
Home Park and College View Mobile Home Park.
As defined within the ordinance, the park owner must grant the necessary easements within ninety (90) days of notification
of request for easement by the District. If easements were not granted within ninety (90) days, the park owner would be
notified that he has six months to permit and construct the system at his expense and connect to the District's sewer
system.
County staff has reviewed the available information with regard to the construction of a sewer collection system for both
parks by the District. Based on this information, a preliminary estimate of construction cost of $60,000 for the Dogwood
Mobile Home Park system and $200,000 for the College View Mobile Home Park system has been developed. The District
would be reimbursed by the owner of each park in the amount of $2,000 per sewer tap provided. This would be
approximately $26,000 for Dogwood Mobile Home Park system and $60,000 for the College View Mobile Home Park
system. Because of the relatively high cost to construct the system for College View Park and the lack of documented
septic system problems for College View, staff does not recommend that sewer be provided to College View at this time
unless requested by the owner.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that notification of Request for Easement be sent to the owner of Dogwood Mobile Home Park.
Additionally, staff should proceed with efforts to prepare construction documents and receive bids for construction. Staff will
bring the bid results back to the Board for approval and award of the construction documents.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Water and Sewer General Fund- Budget Amendment to be reviewed with construction bids
ATTACHMENTS:
Map for Dogwood Mobile Home Park
61
Letter dated April 22, 2004
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendation of County Engineer.
COMMISSIONERS' ACTIONS/COMMENTS:
The owner will be permitted to operate until June 7, 2006 under contract that the mobile home park will be terminated at
that time and any problems with existing septic systems may not be repaired and mobile home must be moved. Approved
5-0.
62
63
64
65
66
67
68
69
70
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Water & Sewer Item #: 3Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Request for Exemption of Water Development Fees
Brookfield/Brierwood Subdivision
BRIEF SUMMARY:
On December 18, 2000, the New Hanover County Board of Commissioners considered a request made by the residents of
the Brookfield/Brierwood Subdivision to install water lines with the County's pending sewer project. It was the
recommendation of the County Engineer that the request not be granted unless residents were willing to pay most or all the
cost associated with waterline construction. Brookfield/Brierwood representative, Ms. Teresa James, was present with
some residents and informed the Board that they were aware of the cost and were willing to pay the assessment. A petition
signed by the residents was part of the agenda item presented.
On November 25, 2002, the Board considered award of the contract to construct the water and sewer lines for the
Brookfield/Brierwood subdivision. At that meeting, the Board approved staff's recommendation to only assess for the
standard tap fee of $1,050 (which includes cost of water meter) and the standard development fee of $720 for a total cost of
$1770. The low bid for construction of the water distribution system was $475,650. If each of the 285 homes in the
subdivision were assessed, the result would be a cost of $1,669 per home. The individual cost per home of $1,669 was
paid for by the District, in an effort to reduce the impact to the residents.
On May 7, 2004, the County received a petition from the Brookfield/Brierwood subdivision requesting the Board waive the
$720 water development fee. The water development fee is comprised of two components, $400 for elevated storage and
$320 for other infrastructure, e.g. wells.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
In consideration that the County has already waived the assessment associated with the construction of the water
distribution system, I recommend that the development fee of $720 not be waived.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: No request for funding
ATTACHMENTS:
Petition from Brookfield/Brierwood Homeowners
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A
71
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with the County Engineer and recommend the Board deny the request to waive the $720 development fee.
COMMISSIONERS' ACTIONS/COMMENTS:
Request denied 5-0.
72
73
74
75
76
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Water & Sewer Item #: 4Estimated Time:Page Number:
Department: Water & Sewer District Presenter: Greg Thompson
Contact: Greg Thompson
SUBJECT:
Request for Temporary Water
Heritage Woods Subdivision
BRIEF SUMMARY:
Heritage Woods subdivision, located adjacent to Veterans Park, is experiencing pressure problems during peak periods of
water usage. The water system is a part of the Cape Fear Utility system, now owned by the City of Wilmington. There are
forty (40) homes in the subdivision.
City staff has approached the County to ask if the County would consider selling water to the forty (40) homes in Heritage
Park on a temporary basis, approximately two years. This portion of the City's system would be isolated from the remaining
portion of the City's water system. Heritage Woods is adjacent to the County's water system at Veterans Park. See
attached map. Capacity is available for the forty (40) homes.
The City is planning to construct a new main water transmission line from Monkey Junction south along Carolina Beach
Road to improve the water pressure and flow south of Monkey Junction.
If approved, the City will pay all cost associated with connection of the two systems. The City will pay for water based on
the County's current water rate schedule. The individual residents will remain City customers.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the temporary connection be approved.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: No funding is involved.
ATTACHMENTS:
Location Map
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS: Approived 5-0.
77
78
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 81
2. Approval of Appointment of Robert G. Greer as the Voting Delegate to the NACo 83
Annual Conference
3. Approval of Authorization to Write Letter of Support for Nominations to the 85
Coastal Resources Commission (CRC)
4. Acknowledgement and Approval of New Hanover County Schools Budget 91
Amendments
5. Approval of Award of Pre-position Contract for Debris Removal 97
6. Approval to Accept a Grant from Factory Mutual Insurance Company for Arson 101
Detection Equipment and Associated Budget Amendment #04-0212
Approval of Budget Amendments:
7.1 #04-0213 Aging 105
7.2 #04-0215 Museum 107
79
{This page intentionally left blank}
80
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Consent Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes of Budget Work Session, May 13, 2004 and Regular Meeting, May 17, 2004
BRIEF SUMMARY:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Minutes
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Minutes
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
81
{This page intentionally left blank}
82
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Consent Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Chairman Greer
Contact: Chairman Greer
Item Does Not Require Review
SUBJECT:
Appointment of Robert G. Greer as the Voting Delegate to the NACo Annual Conference
BRIEF SUMMARY:
Chairman Greer will be attending the conference on July 16-20, 2004 in Maricopa County, Arizona.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Designate Robert Greer as the voting delegate.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Letter from NACo
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
83
84
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Consent Item #: 3Estimated Time:Page Number:
Department: Governing Body Presenter: Commissioner Caster
Contact: Commissioner Caster
Item Does Not Require Review
SUBJECT:
Authorization to Write Letter of Support in the Nomination of Dr. Edward W. Erickson, Ph.D.
and Greg L. (Rudi) Rudolph to the Coastal Resources Commission (CRC)
BRIEF SUMMARY:
The Governor has requested nominations for appointments to fill vacancies on the CRC.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Letter of Support in the Nomination of Dr. Erickson and Mr. Rudolph to the CRC.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Dr. Erickson's and Mr. Rudolf's Nomination Forms and Resumes
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
85
86
87
88
89
90
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Consent Item #: 4Estimated Time:Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
SUBJECT:
New Hanover County Schools Budget Amendments
BRIEF SUMMARY:
Following are budget amendments approved by the Board of Education on May 3, 2004.
The Budget Amendment dealing with State School Funding and transfer are presented for your
information and do not required approval.
The Budget amendment appropriating $1,317,950 from the Schools Fund Balance is presented
for approval since it involves appropriating local funds. The funds are appropriated to begin the
N orth C arolina W indow of I nformation on S tudent E ducation (NCWISE) implementation prior to
the end of the fiscal year. Funds were originally requested in FY04-05 for this purpose.
NCWISE is a statewide program that will provide teachers, principals, counselors and others with
access to data on students in the North Carolina school system.
Following approval of this budget amendment there is $8,831,530 available in the NHC Board of Education Fund Balance.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Board of Education BA appropriating $1,317,950 in Schools Fund Balance for the NCWISE program.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Local School Fund Amendment #9, Budget Transfer Form (2), Appendix M
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
91
92
93
94
95
96
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Consent Item #: 5Estimated Time:Page Number:
Department: Environmental Management Presenter: Ray Church
Contact: Ray Church
SUBJECT:
Award of Pre-position Contract # 04-0324 for Debris Removal
BRIEF SUMMARY:
In an effort to provide for the timely recovery from a natural disaster, the Department of Environmental Management has
requested bids to have a pre-position contract in place to remove debris caused by the disaster. A Scope of Services and
bid package was prepared by Johnson Environmental & Disaster Consulting Services and duly advertised. A bid opening
was held on Friday, May 21, 2004. The Scope of Services, upon activation of the contract by the County, requires the
contractor to remove vegetative and construction/demolition debris from the public right of way to properly permitted and
County designated disposal facilities. The advantage of having a pre-position contract in place is to provide for the rapid
response and recovery in the event of a natural disaster. The contractor is required to begin work within 48 hours of the
issuance of a Notice to Proceed. The pre-position contract will be dormant until such time as the Notice to Proceed is
issued and will remain active until the County determines the work is complete. If a Notice to Proceed is not issued, the
pre-position contract expires on July 1, 2005. The County is not obligated to pay for any services unless the Notice to
Proceed is issued.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The bid opening was held at 1:00 P.M. on Friday, May 21, 2004. The apparent low bidder is D&J Enterprises, Inc. of
Auburn, Alabama. This is the same firm that held the contract to remove debris after hurricanes Bertha, Fran, and Isabel.
The firm performed well and in a timely manner. Staff recommends the award of pre-position contract #04-0324 to D&J
Enterprises, Inc.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
s
RESOLUTION.debri
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0.
97
98
99
100
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Consent Item #: 6Estimated Time:Page Number:
Department: Fire Services Presenter: Donnie Hall
Contact: Donnie Hall/ Matthew Davis/ David Heath
SUBJECT:
Acceptance of a Grant from Factory Mutual Insurance Company for Arson Detection Equipment
BRIEF SUMMARY:
Factory Mutual Insurance Company offers a grant to Fire Marshal's Offices for detection equipment used on fire scene
investigations to aid in cause determination, arson arrest and conviction. Factory Mutual has awarded New Hanover County
Department of Fire Services- Fire Marshal's Division a grant in the amount of $1,776.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept grant from Factory Mutual and approve associated budget amendment.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
05-10-04 Letter to New Hanover 04-0212.d
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.
101
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Budget Amendment
DEPARTMENT: Fire Services
BUDGET AMENDMENT #: 04-0212
ADJUSTMENT DEBIT CREDIT
Fire Departments:
Other $1,776
Fire Services Administration:
Departmental Supplies $1,776
EXPLANATION: To budget Factory Mutual grant monies for fire investigation equipment.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
102
103
{This page intentionally left blank}
104
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Budget Amendment
Consent Item #: 7.1Estimated Time:Page Number:
DEPARTMENT: Aging
BUDGET AMENDMENT #: 04-0213
ADJUSTMENT DEBIT CREDIT
Senior Center:
Other $2,000
Newsletter $2,000
EXPLANATION: To transfer funds to cover cost of mailing and postage of newsletter.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
105
{This page intentionally left blank}
106
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Budget Amendment
Consent Item #: 7.2Estimated Time:Page Number:
DEPARTMENT: Museum/County Commissioners
BUDGET AMENDMENT #: 04-0215
ADJUSTMENT DEBIT CREDIT
Museum:
Contr/CF Museum Assoc Portion $65,343
County Commissioners:
Appropriated Fund Balance $65,343
EXPLANATION: To budget contribution from the Museum Associates for the Development Coordinator position
as approved by the County Commissioners on 10/07/2002.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
107
108
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 06/07/04
Additional Item #: 1Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Consideration of Resolution of Support for the North Carolina Museum of Aviation
BRIEF SUMMARY:
Stephen Jacobs, Chairman of the North Carolina Museum of Aviation, requests the Board's support for NCDOT funding for
the North Carolina Museum of Aviation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider approval of resolution.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Aviation Museum Resol
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
109
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF SUPPORT
FOR THE
NORTH CAROLINA MUSEUM OF AVIATION
WHEREAS the North Carolina Museum of Aviation is establishing a tourism and welcome center into
Southeastern North Carolina for international and national aviation visitors; and
WHEREAS the historic terminal building which opened in 1952 will be restored and preserved as a part of the
state?s rich aviation history; and
WHEREAS the museum would enhance educational opportunities and tourism in New Hanover County; and
WHEREAS the New Hanover County Board of Commissioners supports the development of the North Carolina
Museum of Aviation at the Wilmington International Airport,
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners does
hereby support the request for funding to the North Carolina Department of Transportation for the development
of the North Carolina Museum of Aviation.
Adopted this, the 7th day of June, 2004.
New Hanover County Board of Commissioners
[Attest]
_______________________________
Robert G. Greer, Chairman
________________________________
Sheila L. Schult, Clerk to the Board
110