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Agenda 2004 07-12 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 July 12, 2004 2:00 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 2:15 p.m. 1. Consideration of Resolution to Authorize the Location of the Register of Deeds 5 Office 9 2:20 p.m. 2. Consideration of Proclamation Declaring July 22, 2004 as ?Azalea City th Kiwanis Club Day? in Commemoration of Its 40 Anniversary 11 2:25 p.m. 3. Consideration of Plan for New Hanover County Senior/Disabled Low Income Property Owner Benefit and Related Budget Amendment 05-0002 21 2:55 p.m. 4.1 Public Hearing Rezoning (Continued from June 7) ? 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) 3:10 p.m. 4.2 27 Public Hearing Special Use Permit ? Request by Grace Patterson for a Special Use Permit to Operate a Child Daycare Facility for 12 Children in an R-15 Residential District Located at 111 Cannon Road Between El Ogden Subdivision and ?The Cedars? at Gorman Plantation (S-519, 06/04) 3:30 p.m. 4.3 35 Public Hearing Zoning Text Amendment ? Request by Planning Staff to Amend Section 62 of The Accessory Building/Use Section of the New Hanover County Zoning Ordinance to Allow Stormwater Management Facilities on Contiguous Properties with Different Zoning Districts (A-334, 06/04) 3:50 p.m. Break 37 4:00 p.m. 4.4 Public Hearing Zoning Text Amendment ? Request by Planning Staff to Amend Section 59.6 of The Special Highway Overlay District of the New Hanover County Zoning Ordinance to Address Situations Where There are Overlapping Special Highway Overlay Districts (A-335, 06/04) 4:20 p.m. 5. Consideration of Endorsement to Develop an Access Management Plan for the 39 Northern Section of Market Street 41 4:30 p.m. 6. Second Reading Application for Solid Waste Franchise by All-Ways Recycling 53 4:34 p.m. 7. Second Reading Application for Solid Waste Franchise by Cape Fear Hauling 4:40 p.m. 8. Second Reading59 Application for Solid Waste Franchise by Four Seasons of Coastal Carolina, Inc. 4:45 p.m. 9. Presentation on the New Hanover County EOC/911 Center and Consideration 67 of Authorization to Proceed with and Formally Bid the Project for Construction 5:00 p.m. 10. Ratification of Appointments to the Department of Aging Home and 69 Community Care Block Grant Advisory Board 5:05 p.m. 11. Committee Appointments73 5:20 p.m. 12. Appointment of a Voting Delegate for the NCACC Conference and 105 Nomination for a NCACC District 4 Director for 2004-2006 109 5:25 p.m. 13. Consideration of Water and Sewer Fee Schedule Effective July 1, 2004 5:30 p.m. 14. Meeting of the Water and Sewer District115 5:55 p.m. 15. Non-Agenda Items (limit three minutes) 6:05 p.m. 16. Additional Items: County Commissioners Clerk to the Board County Attorney County Manager 6:15 p.m. Dinner Break 6:45 p.m. 17. Closed Session113 8:15 p.m. ADJOURN Note: Times listed for each item are , and if a preceding item takes less estimated time, the Board will move forward until the agenda is completed. 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. 5:30 p.m. 1. Non-Agenda Items (limit three minutes) 5:40 p.m. 2. Approval of Minutes117 5:45 p.m. 3. Consideration of Resolution for Condemnation for Sewer Easement 119 Middle Sound Wastewater Project 3 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes127 2. Adoption of SR-2 Resolution in Support of Adding Roads to the State Highway 129 System 133 3. Acknowledgement of New Hanover County Schools Budget Amendment 4. Approval of Grant Award from the Bureau of Justice Assistance (BJA) for the 135 Purchase of Bulletproof Vests and Related Budget Amendment 2005-02 5. Approval of Award of Contract #04-0235 for Purchase of Fuel and Fuel 139 Management Reporting Services for New Hanover County 6. Approval of Grant Acceptance from Airlie Gardens Foundation for Administrative 143 Support Approval of Budget Amendments: 7.1 2004-59 Administrative Annex145 7.2 2004-63 Veterans Park147 7.3 2004-64 Parks/Senior Center Capital Project149 7.4 2005-01 Sheriff?s Office151 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 1Estimated Time:Page Number: Department: Register Of Deeds Presenter: Becky Christian Contact: Becky Christian SUBJECT: Resolution to Authorize the Location of the Register of Deeds Office BRIEF SUMMARY: NCGS 161-7 states that, "The register shall keep his office at the courthouse unless the board of county commissioners shall deem it impracticable." The Register of Deeds requests approval of the attached resolution to authorize the office location at 216 North Second Street. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: NCGS 161-7 ROD.doc REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. Required by law. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 5 6 7 {This page intentionally left blank} 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Contact: Marty Pridgen SUBJECT: Consideration of Proclamation Declaring July 22, 2004 as "Azalea City Kiwanis Club Day" in Commemoration of Its 40th Anniversary BRIEF SUMMARY: RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Kiwanis.w REVIEWED BY: LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 9 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 3Estimated Time:Page Number: Department: Governing Body Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: New Hanover County Senior/Disabled Low Income Property Owner Benefit BRIEF SUMMARY: As part of adopting the FY04-05 Budget the County Commissioners directed staff to develop a program to provide relief to low income senior and disabled property owners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve the attached plan to provide a benefit to low income elderly or disabled property owners and approve related budget amendment. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: An amount of $156,000 which is currently in the Non-Departmental Section of the budget needs to be moved to DSS to provide funding for the program. BA is attached. ATTACHMENTS: Ohomesteadplandescrip 05-0002.D Proposed Plan for New Hanover County Senior/Disabled Low Income Property Owner Benefit. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. Please see the attached memo to me from Cam Griffin dated June 28th. This needs approval on July 12th in order to meet tax bill printing deadlines. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Budget Amendment DEPARTMENT: Non-Departmental/Social Services BUDGET AMENDMENT #: 05-0002 ADJUSTMENT DEBIT CREDIT Non-Departmental: Senior/Disabled Low Inc. Benefit $156,000 Senior/Disab. Low Income Property Owner Benefit: Sen./Disab. Low Inc. Benefit $156,000 EXPLANATION: To transfer funds from Non-Departmental to Social Services for New Hanover County Senior/Disabled Low Income Property Owner Benefit Program. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 12 13 14 15 16 17 18 19 {This page intentionally left blank} 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 4.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review 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 requests 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. The applicant presented his case and one neighbor and her consultant spoke in opposition. After some discussion the Board voted to continue the item to give the applicant an opportunity to contact his engineer and meet with the neighbor to work out some of the concerns presented at the hearing. Staff has spoken with the applicant and a meeting is being arranged. 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: m z-776 sum.Z-776 Pet Su 2 documents and 1 map 21 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Denied 4-0. 22 23 24 25 {This page intentionally left blank} 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 4.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Special Use Permit - Request by Grace Patterson for Child Daycare Facility for 12 Children in an R-15 Residential Zoning District (S-519, 06/04) BRIEF SUMMARY: The petitioner requests approval to expand her in-home daycare to allow 12 children. Several neighbors spoke in opposition stating that the increased traffic on a narrow residential road near a curve was not safe. Others stated concerns about the number of children, the appearance of additional parking and turn around area as well as possible noise associated with the daycare. According to the applicant the home is large enough to satisfy the State requirement for 25 s.f. per child. RECOMMENDED MOTION AND REQUESTED ACTIONS: After some discussion the Planning Board voted 4-1 to recommend approval with the following conditions: 1) the number of children should not exceed nine; 2) drop-off and pick up times shall be staggered so that there are a maximum of two drop offs or pick ups in ten minute intervals; and 3) the site plan provided shall be amended and drawn to scale. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: mS-519 Findings of S-519 Pet Su 3 documents 2 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0 with the conditions that the number of children shall not exceed nine and that drop-off and pick-up times shall be staggered so that there are a maximum of two in ten minute intervals. 27 28 29 30 31 {This page intentionally left blank} 32 33 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 4.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Text Amendment - Request by Planning Staff to Amend Section 62, The Accessory Building/Use Section of the New Hanover County Zoning Ordinance, to Allow Stormwater Management Facilities on Contiguous Properties with Different Zoning (A-334, 06/04) BRIEF SUMMARY: Under current regulations stormwater management is considered an accessory use and is not permitted on adjacent properties with different zoning classifications. Many applicants have approached the Planning Staff with proposals that make good site planning sense but cannot be accomplished because the stormwater system is within an adjacent residential district. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff presented the proposal. No one spoke in support or opposition. Several Planning Board members thought that stormwater facilities were already permitted in adjoining residential districts. The 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: A-334 SWM in Residen ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 35 36 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 4.4Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Text Amendment - Request by Planning Staff to Amend Section 59.6, the Special Highway Overlay District Section of the New Hanover County Zoning Ordinance, Regarding Overlapping Special Highway Overlay Districts (A-335, 06/04) BRIEF SUMMARY: The Special Highway Overlay District (SHOD) regulations were established in 1986. The purpose as defined in Section 59.6-1 is to protect the natural beauty and scenic vista that exists along Interstate Highways and other specially designated roadways that serve as major access ways and gateways into New Hanover County. The SHOD regulations accomplish this objective with additional front and side setbacks, regulations for location of parking and loading, and additional regulation of signs. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff presented the proposal. No one spoke in support or 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: r A-335 SHOD Corne ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 37 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 5Estimated Time:Page Number: Department: Planning Presenter: D Hayes Contact: Dexter Hayes, Mark Tinkler Item Does Not Require Review SUBJECT: Access Management Plan for Market Street BRIEF SUMMARY: NCDOT has asked for the County's endorsement of a transportation planning study that will focus on the access needs of frontage properties along the northern section of Market Street extending into Pender County. With the completion of the I- 140 interchange and the Highway 17 improvements and the anticipated land use changes that are likely to occur along this segment of Market Street it is important that we develop an access management plan that will protect the transportation functions of these new highways. The Study will be undertaken by NCDOT and coordinated with our Planning and MPO staff. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request that the Commissioners endorse the development of an Access Management Plan for the northern section of Market Street FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: MEMO ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. Please see the attached explanatory memo that was sent to you on June 28, 2004. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 39 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 6Estimated Time:Page Number: Department: Legal Presenter: Holt Moore, Assistant County Attorney Contact: Holt Moore, Daniel Mysiuk SUBJECT: Second Reading Application for Solid Waste Franchise by All-Ways Recycling BRIEF SUMMARY: The New Hanover County Code Section 44-55 requires a franchise for municipal solid waste collection. The Board at the June 21, 2004 meeting approved the application for All-Ways Recycling on the first reading. A second reading and final approval of the application is required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider final approval of the franchise for All-Ways Recycling. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Application Materials. The financial information, which is not a public record, will be available in a confidential folder in the Clerk's office. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve second reading. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 41 42 43 44 45 46 47 48 49 50 51 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 7Estimated Time:Page Number: Department: Legal Presenter: Holt Moore, Assistant County Attorney Contact: Holt Moore, Paul Jedrey SUBJECT: Second Reading Application for Solid Waste Franchise by Cape Fear Hauling BRIEF SUMMARY: County Code Section 44.-55 requires a franchise for municipal solid waste collection. This is the second reading of the application of Cape Fear Hauling, a municipal solid waste hauler. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider approval of the franchise. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Application Materials. The financial information, which is not a public record, will be available in a confidential folder in the Clerk's office. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve second reading. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 53 54 55 56 57 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 8Estimated Time:Page Number: Department: Legal Presenter: Holt Moore, Assistant County Attorney Contact: Holt Moore SUBJECT: Second Reading Application for Solid Waste Franchise by Four Seasons of Coastal Carolina, Inc. BRIEF SUMMARY: The New Hanover County Code Section 44-55 requires a franchise for municipal solid waste collection. The Board at the June 21, 2004 meeting approved the application for Four Seasons of Coastal Carolina, Inc. on the first reading. A second reading and final approval of the application is required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider final approval of the franchise for Four Seasons of Coastal Carolina, Inc. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Application Materials. The financial information, which is not a public record, will be available in a confidential folder in the Clerk's office. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve second reading. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 59 60 61 62 63 64 65 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 9Estimated Time:Page Number: Department: Engineering Presenter: Max Maxwell; Sharpe Architects (Rick Collins) Contact: Max Maxwell SUBJECT: New Hanover County EOC/911 Center BRIEF SUMMARY: As directed by the Board of Commissioners on 9-02-03, Sharpe Architects started design on an combined Emergency Operations Center and 911 Center. Rick Collins with Sharpe Architects is now 100% complete with the design and contract documents and is ready to proceed with the project. Rick will give a presentation on the design and answer any questions. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests the County Commissioners to authorize staff to proceed with the project and formally bid the project for construction. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: 398-431-3981-7300-6000 ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation noted above. Hear presentation and authorize staff to proceed with the bidding of the project. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. Approved 3-1, Davis dissenting. 67 {This page intentionally left blank} 68 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 10Estimated Time:Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton SUBJECT: Ratification of Appointments to the Department of Aging Home and Community Care Block Grant Advisory Board BRIEF SUMMARY: The New Hanover County Home and Community Care Block (HCCBG) Grant Advisory Board has three vacancies at this time. The Commissioners are asked to ratify appointments of the following persons to this Board for a term of three years: Beverly Bentsen, Marian Johnson, and Betty Walters. The HCCBG Advisory Board reviews all Home and Community Care Block Grant monies that fund programs for older adults in New Hanover County and makes recommendations to Commissioners for distribution of funds and selection of agencies to provide services. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend Commissioners ratify appointments of Beverly Bentsen, Marian Johnson and Betty Walters to the Home and Community Care Block Grant Advisory Board for a term of three years. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Resume of Marian Johnson, Beverly Bentsen and Betty Walters 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 4-0. 69 70 71 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 11Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Committee Appointments BRIEF SUMMARY: Appointments are scheduled for the following Boards and Committees: Inspections Department Advisory Council Nursing Home Community Advisory Committee Planning Board RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider appointments. COMMISSIONERS' ACTIONS/COMMENTS: Inspections Department Advisory Council Builder Category ? Buck O?Shields reappointed Electrical Contractor Category ? Clarence Harrelson appointed At-Large Category (two vacancies) 1) David Lee Smith appointed nd 2) Sam J. Guidry and Frank Oddo each received 2 votes ? will bring back to Board at August 2 meeting Nursing Home Community Advisory Committee William Y. Doran reappointed Planning Board (two vacancies) 1) Sandra L. Spiers appointed nd 2) Sue Y. Hayes and Livian Lawrence Jones each received 2 votes ? will bring back to Board at August 2 meeting 73 {This page intentionally left blank} 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 {This page intentionally left blank} 104 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 12Estimated Time:Page Number: Department: Governing Body Presenter: Chairman Robert G. Greer Contact: Sheila Schult Item Does Not Require Review SUBJECT: Appoint a Voting Delegate for the NCACC Conference and Nominate a NCACC District 4 Director for 2004-2006 BRIEF SUMMARY: The Commissioners have been requested by the NCACC to select a voting delegate to represent the County in the business session at the NCACC Annual Conference to be held on August 21, 2004, from 2:00 - 4:00 p.m. and to nominate a NCACC District 4 Director for 2004-2006. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint voting delegate for NCACC Annual Conference and nominate a NCACC District 4 Director for 2004-2006. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Appoint voting delegate. COMMISSIONERS' ACTIONS/COMMENTS: Pritchett appointed 4-0. 105 106 107 108 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 13Estimated Time:Page Number: Department: Water & Sewer District Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: Water and Sewer Fee Schedule Effective July 1, 2004 BRIEF SUMMARY: The budget for the water and sewer district for fiscal year 04-05 was approved on 06/21/04. The budget included an increase on collection of late payments and an increase in administrative fees from $25 to $35. The increase in collection fees is changed from 1.5% to 10 percent of the outstanding balance due, not to exceed $5.00. In many cases, the previous arrangement did not pay for the additional efforts taken to collect the outstanding balance. The administrative fee change from $25 to $35 dollars pays for additional staff time utilized for changes made after the account is set up. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approving the ordinance changes to the water and sewer ordinance. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Chapter56-286&AppenBAmdt-Ju REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 109 110 111 {This page intentionally left blank} 112 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Regular Item #: 17Estimated Time:Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Wanda M. Copley, County Attorney SUBJECT: Closed Session BRIEF SUMMARY: Closed Session pursuant to G. S. 143-318.11(a)(3) to consult with attorney about potential litigation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct Closed Session. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: N/A REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct closed session. COMMISSIONERS' ACTIONS/COMMENTS: The Board held a closed session and received counsel from the County Attorney on a matter of potential litigation. 113 {This page intentionally left blank} 114 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. 5:30 p.m. 1. Non-Agenda Items (limit three minutes) 5:40 p.m. 2. Approval of Minutes 117 5:45 p.m. 3. Consideration of Resolution for Condemnation for Sewer Easement 119 Middle Sound Wastewater Project 115 {This page intentionally left blank} 116 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Water & Sewer Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Water and Sewer Agenda - Approval of Minutes BRIEF SUMMARY: Approve minutes of the following meetings: Regular Meeting - June 7, 2004 Regular Meeting - June 21, 2004 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 117 {This page intentionally left blank} 118 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Water & Sewer Item #: 3Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Resolution for Condemnation for Sewer Easement Tax Parcel No. R04408-002-003-000 Middle Sound Wastewater Project BRIEF SUMMARY: Staff has been working with the property owner for the last several months to obtain an easement (the last necessary easement for the Middle Sound Project) across the referenced 3.7 acre tract of land. The proposed easement is situated on the eastern property of this lot and the adjoining easement on the adjacent property has already been acquired. There is currently one vacant structure located on site and it is used as a rental property for the owner and not as the primary residence. Staff has met several times on site with the property owner concerning potential development possibilities for the site, the placement of proposed service taps and the owner's potential use of additional fill dirt generated by the sewer line construction. However, the property owner has yet to agree to execute the necessary documents to allow construction to begin, despite numerous contacts. The contractor for this section of the project is scheduled to complete all the existing work in the Middle Sound Area and if this necessary easement is not acquired it could cause sewer service delays and construction cost increases with regards to rebidding and material cost. Condemnation may be necessary to close the easement within a reasonable length of time to allow for the service to the immediate surrounding area. Staff will continue to work with the attorney to try to obtain a voluntary resolution but the condemnation process needs to be initiated. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the resolution authorizing condemnation, if necessary, be approved with authorization for the Chairman to execute, if necessary. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: No funding involved ATTACHMENTS: Location Map ThompsonCondemnationResolu REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A 119 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 120 121 {This page intentionally left blank} 122 123 {This page intentionally left blank} 124 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 127 2. Adoption of SR-2 Resolution in Support of Adding Roads to the State Highway 129 System 3. Acknowledgement of New Hanover County Schools Budget Amendment 133 4. Approval of Grant Award from the Bureau of Justice Assistance (BJA) for the 135 Purchase of Bulletproof Vests and Related Budget Amendment 2005-02 5. Approval of Award of Contract #04-0235 for Purchase of Fuel and Fuel 139 Management Reporting Services for New Hanover County 6. Approval of Grant Acceptance from Airlie Gardens Foundation for Administrative 143 Support Approval of Budget Amendments: 7.1 2004-59 Administrative Annex 145 7.2 2004-63 Veterans Park 147 7.3 2004-64 Parks/Senior Center Capital Project 149 7.4 2005-01 Sheriff?s Office 151 125 {This page intentionally left blank} 126 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Consent Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Consent Agenda - Approval of Minutes BRIEF SUMMARY: Approve minutes for the following meetings: Special Meeting - June 3, 2004 Regular Meeting - June 7, 2004 Board of Equalization & Review - June 14, 2004 Special Meeting - June 14, 2004 Work Session - June 14, 2004 Regular Meeting - June 21, 2004 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 127 {This page intentionally left blank} 128 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Consent Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Daniel Cumbo, NCDOT Item Does Not Require Review SUBJECT: Adoption of SR-2 Resolution in Support of Adding Roads to the State Highway System BRIEF SUMMARY: NCDOT has requested standard SR-2 Resolution be adopted for the following roads: Chelwood Court, Oliver Court, Chorley Road, Hailsham Drive, Bancroft Drive, Danton Street, Glen Arthur Drive, Burroughs Drive, Dorrington Drive, Stoddard Road, Wedderburn Drive and Teviot Road in Lords Creek Subdivision (Div. File No: 1051-N) Gatefield Drive, Chadsford Court, Gainsford Court, Lawther Court, Thursley Road, Beaumont Court, Dartridge Court, Tollington Drive, Clairidge Drive, Brascote Lane, Aftonshire Drive, Chapra Drive, Winforde Road in Georgetowne Subdivision (Div. File No: 1052-N) Long Pointe Road and Mako Drive in Masonboro Village (Div. File No: 1053-N) RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Standard NCDOT SR-2 Resolution requesting the addition of the roads. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Letters from NCDOT ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 129 130 131 132 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Consent Item #: 3Estimated Time:Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin Item Does Not Require Review SUBJECT: Acknowledgement of New Hanover County Schools Budget Amendment BRIEF SUMMARY: Following are the New Hanover County Schools Budget Transfers that were approved by the Board of Education on 06/08/2004. RECOMMENDED MOTION AND REQUESTED ACTIONS: No action is necessary. Amendment is presented for information purposes only. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: To transfer savings from NHC Schools 1997 Bond Construction Projects completed to fund new construction of Murrayville Road Elementary School. ATTACHMENTS: New Hanover County Schools Budget Transfer Form ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Acknowledge only. No action required. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 133 134 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Consent Item #: 4Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Grant Award from the Bureau of Justice Assistance (BJA) for the Purchase of Bulletproof Vests BRIEF SUMMARY: The Sheriff's Office has been awarded a grant in the amount of $4,583.17 from the Bureau of Justice Assistance for the purchase of bulletproof vests. The grant requires a 50 percent match of $4,583.17 to be paid from Controlled Substance Tax funds, as directed by the Sheriff. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the grant; request authorization for the County Manager to sign the grant document; and request approval of the associated budget amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Federal $4,583.17 Controlled Substance Tax Funds $4,583.17 ATTACHMENTS: Grant Award Notification 2005-02.d Budget Amendment REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 135 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Budget Amendment DEPARTMENT: Sheriff BUDGET AMENDMENT #: 2005-02 ADJUSTMENT DEBIT CREDIT Uniform Patrol: US Department of Justice Grant $4,584 Transfer in from Captial Projects $4,584 Uniforms $9,168 Controlled Substance Tax: Capital Project Expense $4,584 Transfer to General Fund $4,584 EXPLANATION: To budget grant award received by the Sheriff's Office from the Bureau of Justice Assistance (BJA) for the purchase of bullet-proof vests. ADDITIONAL INFORMATION: The grant requires a 50 percent local match to be paid from Controlled Substance Tax funds as directed by the Sheriff. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 136 137 138 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Consent Item #: 5Estimated Time:Page Number: Department: Finance Presenter: Contact: Amy Akin SUBJECT: Award of Contract # 04-0235 for Purchase of Fuel and Fuel Management Reporting Services for New Hanover County with FleetCor Technologies, Inc. d/b/a Fuelman Fleet Card of NC/SC/TN BRIEF SUMMARY: In the past, the County has bid the fuel purchase and fuel management system. At different times, W. K. Hobbs and Springer-Eubank Oil, Inc. have each provided services under the fuel purchase and fuel management reporting systems. The current contract is with Springer-Eubank which has six stations where County vehicles can refuel. Under state law, only informal bids are required for fueling contracts such as this. As scheduled, the County sent out the routine Request for Proposals (RFP) for fuel services. Proposals were sent to Springer-Eubank, W.K. Hobbs, K.E. Austin Corporation, and Fleetcor Technologies, Inc. The only proposal received by the County was from: FleetCor Technologies, Inc. d/b/a Fuelman Fleet Card of NC/SC/TN FleetCor Technologies, Inc. will offer a $0.01 per gallon discount from the posted price the first year and provide on-line account management and reporting at no cost. The contract is for five years. The discount would be negotiated after the first year. The company contracts with 34 fueling sites available within New Hanover County. Of the 34 fueling stations, 19 are open 24 hours a day. Contracting with FleetCor Technologies, Inc. will provide the County with almost six times the availability of stations than are now available. This will therefore provide the County purchasing efficiency, convenience and result in fuel savings. In addition, this program has stations in North Carolina, South Carolina, and Tennessee that will be available for fueling for employees traveling outside of the County and using County vehicles. The FleetCor Technologies, Inc. card is accepted by The Pantry, Worsley Companies (Scotchman), W. K Hobbs, and Springer Eubank. Using this company allows all local companies to benefit from County purchases. W. K. Hobbs did not bid but sent the County a letter supporting the FleetCor proposal and will work with FleetCor to provide fuel during emergencies, such as hurricanes. Springer-Eubank received the bid request but did not respond in a timely manner, and may request that they be allowed to bid after the bid deadline expired. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of resolution: 1. awarding RFP # 04-0235 and Contract # 04-0235 for the purchase of fuel and fuel management system to FleetCor Technologies, Inc. d/b/a Fuelman Fleet Card of NC/SC/TN 2. authorize the County Manager to execute the contract FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Each department will pay invoices from FY05 budgeted amount. 139 ATTACHMENTS: The resolution is attached for approval. 04-0235 resolution fo REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Removed. 140 141 {This page intentionally left blank} 142 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Consent Item #: 6Estimated Time:Page Number: Department: Airlie Presenter: Contact: Thomas Herrera-Mishler SUBJECT: Grant Acceptance from the Airlie Gardens Foundation for Administrative Support BRIEF SUMMARY: The Airlie Gardens Foundation has passed a resolution to fund an Administrative Support Specialist Position at Airlie Gardens in the amount of $38,800 which is the base salary plus full benefits for one year. This individual will assist with the Friends of Airlie Membership program, volunteer support, wedding rentals and special events and general administrative support. The position will be eliminated if the grant is not continued. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 1 Explanation: The Friends of Airlie has grown substantially in the past three years and the new Airlie Volunteer Guild already boasts over 200 active volunteers. This new support person will help to continue Airlie's growth toward financial self- sufficiency. If grant funding for the position ends the position will end. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: Approve COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. This support position is desperately need to support all the efforts at Airlie. It is funded by the Foundation for a full year. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 143 {This page intentionally left blank} 144 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Budget Amendment Consent Item #: 7.1Estimated Time:Page Number: DEPARTMENT: Administrative Annex BUDGET AMENDMENT #: 2004-59 ADJUSTMENT DEBIT CREDIT Interest on Investments $5,716 Extended Project Expense $7,176 Transfer to General Fund $12,892 EXPLANATION: For accounting purposes only; to close fund 372 and report to Commissioners. ADDITIONAL INFORMATION: APPROVAL STATUS: For Budget Officer's approval; then report to Board Of Commissioners at next regular meeting COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 145 {This page intentionally left blank} 146 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Budget Amendment Consent Item #: 7.2Estimated Time:Page Number: DEPARTMENT: Veterans Park BUDGET AMENDMENT #: 2004-63 ADJUSTMENT DEBIT CREDIT Interest on investments $700 Extended Project Expense $67,308 Transfer to General Fund $68,008 EXPLANATION: For accounting purposes only; to close fund 319-Veterans Park ADDITIONAL INFORMATION: APPROVAL STATUS: For Budget Officer's approval; then report to Board Of Commissioners at next regular meeting COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 147 {This page intentionally left blank} 148 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Budget Amendment Consent Item #: 7.3Estimated Time:Page Number: DEPARTMENT: Parks/Senior Center Capital Project BUDGET AMENDMENT #: 2004-64 ADJUSTMENT DEBIT CREDIT Interest on investments $58,500 Extended Project Expense $1,341 Transfer to General Fund $59,841 EXPLANATION: For accounting purposes only; to close Fund 315-Parks/Senior Center ADDITIONAL INFORMATION: APPROVAL STATUS: For Budget Officer's approval; then report to Board Of Commissioners at next regular meeting COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 149 {This page intentionally left blank} 150 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/12/04 Budget Amendment Consent Item #: 7.4Estimated Time:Page Number: DEPARTMENT: Sheriff BUDGET AMENDMENT #: 2005-01 ADJUSTMENT DEBIT CREDIT Controlled Substance Tax: Controlled Substance Tax $6,836 Capital Project Expense $6,836 EXPLANATION: To increase budget for additional revenue received on June 22, 2004. ADDITIONAL INFORMATION: Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 151