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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