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Agenda 2004 11-08 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G. GREER, CHAIRMAN · JULIA BOSEMAN, VICE-CHAIRMAN WILLIAM A. CASTER, COMMISSIONER · TED DAVIS, JR., COMMISSIONER · NANCY PRITCHETT, COMMISSIONER ·· ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY SHEILA SCHULT, CLERK TO THE BOARD November 8, 2004 5:30 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:45 p.m. 1. Consideration of Proclamation to Declare November, 2004 63 National Hospice Month 5:50 p.m. 2. 65 Consideration of Proclamation to Declare November, 2004 Adoption Awareness Month 5:55 p.m. 3. 67 Public Hearing and Consideration of Approval of Grant Application for Community Transportation Program Funding for FY 2005-2006 6:05 p.m. 4.1 71 Public Hearing Special Use Permit (Expansion) - Request by Stan Bullock and Chip Hicks for Margaret Olsen to expand a Special Use Permit for a Youth Soccer Facility to add lighting, parking, and two soccer fields located at 6101 Murrayville Road (S-452, 10/04) 6:35 p.m. 4.2 79 Public Hearing Rezoning ? Request by Jeff Keeter for Robert & Deborah Jones to rezone approximately 10.56 acres of property located in the 9100 block of Market Street on the west side between the Kirkland Community and Sidbury Road, from R-15 Residential to CD(B-2) Conditional Use Highway Business for a mini warehouse facility (Z-786, 10/04) 7:05 p.m. 4.3 85 Public Hearing Road Closing ? Request by Bob Jones, PLS for the Carlson family to consider closing a portion of Pine Avenue located near Santa Maria Avenue, Porters Neck Community (SC-80, 08/04) 7:30 p.m. Break 7:40 p.m. 4.4 95 Public Hearing Street Renaming ? Request by Planning staff on behalf of the residents of Lake Renaissance to consider the street renaming of Shadow Branch Lane to Lake Renaissance Circle (SN-95, 10/04) 7:55 p.m. 5. Consideration of New Hanover County Board of Commissioners 2005 103 Schedule of Regular Meetings 105 8:00 p.m. 6. Consideration of Status of ABC Board Appointment 8:10 p.m. 7. Consideration of Adult Care Home Community Advisory Committee Matter115 8:15 p.m. 8. Meeting of the Water and Sewer District117 8:40 p.m. 9. Non-Agenda Items (limit three minutes) 8:50 p.m. 10. Additional Items: County Commissioners Clerk to the Board County Attorney County Manager 9:00 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. 8:15 p.m. 1. Non-Agenda Items (limit three minutes) 8:25 p.m. 2. Approval of Minutes119 8:30 p.m. 3. Consideration of Castle Hayne Sewer Extension ? Hudson Sewer121 8:35 p.m. 4. Consideration of Revisions to the Waste Limits123 3 {This page intentionally left blank} 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes7 2. Approval to Accept Additional Home and Community Care Block Grant 9 (HCCBG) in the Amount of $22,297 and Senior Center General Purpose Funds in the Amount of $9,029 and Associated Budget Amendment 05-0081 3. Approval of New Hanover County Board of Education Budget Amendments33 4. Approval to Accept $137,114 State Funding to Support Local Bio-Terrorism 41 Efforts and Associated Budget Amendment 05-0080 5. Approval to Apply for a $3,000 March of Dimes Grant for Maternity Care 43 Coordination Incentive Program 6. Approval of Request for Proposals for a Master Plan for Parks, Recreation and 47 Open Space Approval of Budget Amendments: 7.1 05-0078 Social Services57 59 7.2 05-0079 Juvenile Services 5 {This page intentionally left blank} 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 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 from the Regular Meeting held on October 18, 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: Approve minutes. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with one correction. 7 {This page intentionally left blank} 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Consent Item #: 2Estimated Time:Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton SUBJECT: Request Commissioners Accept Additional Home and Community Care Block Grant (HCCBG) Funds in the Amount of $22,297 and Senior Center General Purpose Funds in the Amount of $9,029 BRIEF SUMMARY: The Department of Aging is eligible to receive additional Home and Community Care Block Grant funds in the amount of $22,297. $11,731 of the new money is to be used to increase the daily Adult Day Care and Adult Day Health rate by $5.00 per client per day. Distribution of the new money will be as follows: Elderhaus Adult Day Care $8,820 and Coastal Adult Day Care $730; Elderhaus Adult Day Health $2181. The respective recipient agencies are responsible for the required 10% match. $10,566 in new funds will be distributed to DMS Services to increase In Home Aide Services to elderly clients. New Hanover County currently has a waiting list of 65 persons for this service. The new money will help reduce this list. The required 10 % match is the responsibility of DMS Services. The Department of Aging will also receive an increase of $9,029 in Senior Center General Purpose funds (SCGP) for 2005. The increase in SCGP is a result of the Senior Center of Excellence Award received in May, 2004. These funds will be used to offset salary of the Senior Center Program Manager staff. The required 25% match of $5,914 is available in the department's 2005 approved budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Commissioners accept the additional $22,297 Home and Community Care Block Grant funds and the additional $9,029 Senior Center General Purpose funds and approve corresponding budget amendments. Signatures are required on DOA 732, DOA 732 for Department of Aging, DMS Services, Elderhaus and Coastal Adult Day Care. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Letter of notification of award increases. DOA 731, DOA 732 for Department of Aging, DMS Services, Elderhaus and Coastal Adult Day Care 05-0081.d BA 05-0081 REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A 9 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Budget Amendment DEPARTMENT: Aging/County Commissioners BUDGET AMENDMENT #: 05-0081 ADJUSTMENT DEBIT CREDIT General Fund: County Commissioners: Appropriated Fund Balance $9,029 Aging: In Home Aid: CDBG - Social $10,566 Contracted Services $10,566 Adult Day Care: Aging Social Services State $11,731 Contracted Services $11,731 Senior Center: CDBG - Social $9,029 EXPLANATION: To budget additional funds for Home and Community Block Grant and general purpose for FY 04- 05. ADDITIONAL INFORMATION: To offset County funds already budgeted for Salary and Benefits of the Senior Center Program Manager. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Consent Item #: 3Estimated Time:Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: New Hanover County Board of Education Budget Amendments BRIEF SUMMARY: On October 4, 2004, the New Hanover County Board of Education approved the attached budget amendments. In addition to some routine adjustments, the budget amendments adjust the school budget to reflect changes necessary to fund the new elementary school at Veterans Park and design Ogden Elementary School renovations. The County Commissioners approved the adjustments in the New Hanover County Budget for the same purpose on 9/20/04. The County contribution of $4,275,834 ($3,975,834 + $300,000) will be funded by County General Fund-Fund Balance over two years. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve Board of Education Budget Amendments. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Board of Education Budget Amendments 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. 33 34 35 36 37 38 39 {This page intentionally left blank} 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Consent Item #: 4Estimated Time:Page Number: Department: Health Presenter: Cindy Hewett, Business Manager Contact: Cindy Hewett SUBJECT: Acceptance of $137,114 State Funding to Support Local Bio-Terrorism Efforts BRIEF SUMMARY: The New Hanover County Health Department is slated to receive $137,114 from the North Carolina Department of Health and Human Services to support local bio-terrorism efforts. These funds will be used to cover 100% of the salary and fringe for the Health Planner position, as well as other costs to include: travel and training for NHC Health Department staff as it relates to bio-terrorism efforts, annual Nextel service, Xerox Copier lease, supplies for the five dispensing sites identified for disaster preparedness and recovery, Strategic Planning Session through the North Carolina Institute for Public Health, two laptops, mobile printers, digital projector and television to be used to support PHTIN video-conferencing sessions. RECOMMENDED MOTION AND REQUESTED ACTIONS: To accept and approve the $137,114 state funding to support local bio-terrorism efforts of the New Hanover County Health Department and the associated budget amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Additional funding is through the North Carolina Department of Health and Human Services, Division of Public Health. ATTACHMENTS: 05-0080.d REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 41 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Budget Amendment DEPARTMENT: County Commissioners/Health BUDGET AMENDMENT #: 05-0080 ADJUSTMENT DEBIT CREDIT General Fund: County Commissioners Appropriated Fund Balance $56,772 Health Administration: Bioterrorism Preparedness $119,017 Bioterrorism Comm. and Assess. $3,156 Bioterrorism - SMS $5,671 Bioterrorism - Smallpox $9,270 Telephone Expense $13,500 M&R - Equipment $9,000 Departmental Supplies $39,000 Capital Outlay - Equipment $18,842 EXPLANATION: To offset County dollars originally budgeted for Health Planner position with funds received from the Bioterrorism grant. To accept, approve and budget state funding in support of local bioterrorism efforts. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Consent Item #: 5Estimated Time:Page Number: Department: Health Presenter: David E. Rice, Health Director Contact: Cindy Hewett or Janet McCumbee SUBJECT: $3,000 March of Dimes Grant for Maternity Care Coordination Incentive Program BRIEF SUMMARY: The Maternal Health Program of the New Hanover County Health Department requests approval to submit a mini-grant request to the March of Dimes for $3,000. If awarded, this grant would provide funds to purchase both educational supplies and incentives for pregnant women in our Maternity Care Coordination Program. The "Baby Bucks" incentive program has provided incentives to our maternity patients for good health behaviors and keeping prenatal appointments. This effort has depended on donations from the community. If the March of Dimes funds are received, the Health Department will purchase items such as baby supplies, books, child safety supplies and other educational materials. No in-kind match is required for this grant. RECOMMENDED MOTION AND REQUESTED ACTIONS: To approve grant request and if awarded, to accept funding and associated budget amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: March of Dimes is funding source. ATTACHMENTS: Supporting documentation. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 43 44 45 {This page intentionally left blank} 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Consent Item #: 6Estimated Time:Page Number: Department: Parks Presenter: Neal Lewis Contact: Neal Lewis SUBJECT: Master Plan for Parks, Recreation and Open Space BRIEF SUMMARY: Funding is included in the current budget to develop a comprehensive Master Plan for Parks, Recreation and Open Space for New Hanover County. The last Master Plan for Parks and Recreation was prepared in 1988, and, for the most part, has been completed. The Master Plan will examine existing facilities and programs, will establish standards by which to evaluate the current status of parks and recreation, and make recommendations for future actions. The plan will address active and passive recreational facilities, water access, trails and greenways and opportunities for conservation/preservation of unique property. The Master Plan will consider the County, the municipalities, the schools and other park and recreation providers - and how the general public can best be provided with the facilities and programs they desire. The Master Plan will take approximately 6-9 months to complete. The request for proposals is attached. The Parks Advisory Board will review the RFP at its meeting November 3, 2004. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the solicitation of Requests for Proposals for a Master Plan for Parks, Recreation and Open Space for New Hanover County. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 47 48 49 50 51 52 53 54 55 {This page intentionally left blank} 56 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Budget Amendment Consent Item #: 7.1Estimated Time:Page Number: DEPARTMENT: Social Services BUDGET AMENDMENT #: 05-0078 ADJUSTMENT DEBIT CREDIT Child Day Care: DSS/Smart Start Daycare $192,651 DSS/Smart Start Daycare $192,651 EXPLANATION: To budget additional funds received for the Smart Start program. ADDITIONAL INFORMATION: With the addition of these and other day care funds ($2.4 million) received by DSS since the adoption of the FY 04-05 Budget, DSS staff is going to have sufficient funding to begin placing children on the waiting list for day care into day care services. No additional County dollars required. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 57 {This page intentionally left blank} 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Budget Amendment Consent Item #: 7.2Estimated Time:Page Number: DEPARTMENT: Juvenile Services BUDGET AMENDMENT #: 05-0079 ADJUSTMENT DEBIT CREDIT Juvenile Day Treatmt Ctr - NHCS: Contributions from School $17,400 Salaries $10,000 Postage Expense $1,000 M&R - Auto and Trucks $705 Departmental Supplies $1,000 Books and Periodicals $1,500 Fuel and Supplies $2,895 Dues and Subscriptions $300 EXPLANATION: To budget increase in funds from NHC Schools to deliver educational services and transportation. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 59 {This page intentionally left blank} 60 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:45 p.m. 1. Consideration of Proclamation to Declare November, 2004 63 National Hospice Month 5:50 p.m. 2. 65 Consideration of Proclamation to Declare November, 2004 Adoption Awareness Month 5:55 p.m. 3. 67 Public Hearing and Consideration of Approval of Grant Application for Community Transportation Program Funding for FY 2005-2006 6:05 p.m. 4.1 71 Public Hearing Special Use Permit (Expansion) ? Request by Stan Bullock and Chip Hicks for Margaret Olsen to expand a Special Use Permit for a Youth Soccer Facility to add lighting, parking, and two soccer fields located at 6101 Murrayville Road (S-452, 10/04) 6:35 p.m. 4.2 79 Public Hearing Rezoning ? Request by Jeff Keeter for Robert & Deborah Jones to rezone approximately 10.56 acres of property located in the 9100 block of Market Street on the west side between the Kirkland Community and Sidbury Road, from R-15 Residential to CD(B-2) Conditional Use Highway Business for a mini warehouse facility (Z-786, 10/04) 7:05 p.m. 4.3 85 Public Hearing Road Closing ? Request by Bob Jones, PLS for the Carlson family to consider closing a portion of Pine Avenue located near Santa Maria Avenue, Porters Neck Community (SC-80, 08/04) 7:30 p.m. Break 7:40 p.m. 4.4 95 Public Hearing ? Request by Planning staff on behalf of the residents of Lake Street Renaming Renaissance to consider the street renaming of Shadow Branch Lane to Lake Renaissance Circle (SN-95, 10/04) 7:55 p.m. 5. Consideration of New Hanover County Board of Commissioners 2005 Schedule of 103 Regular Meetings 8:00 p.m. 6. Consideration of Status of ABC Board Appointment 105 8:10 p.m. 7. Consideration of Adult Care Home Community Advisory Committee Matter 115 8:15 p.m. 8. Meeting of the Water and Sewer District 117 8:40 p.m. 9. Non-Agenda Items (limit three minutes) 8:50 p.m. 10. Additional Items: County Commissioners Clerk to the Board County Attorney County Manager 9:00 p.m. ADJOURN 61 {This page intentionally left blank} 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 1Estimated Time:Page Number: Department: County Manager Presenter: Katrinka Webb Contact: Allen O'Neal Item Does Not Require Review SUBJECT: National Hospice Month BRIEF SUMMARY: November, 2004 is the 26th anniversary of National Hospice Month. Katrinka Webb, Community Outreach Coordinator for the Lower Cape Fear Hospice and Life Care Center, will be present to receive the proclamation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: pice Proclamat Hos ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 63 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 2Estimated Time:Page Number: Department: DSS Presenter: LaVaughn Nesmith Contact: LaVaughn Nesmith SUBJECT: Adoption Awareness Month BRIEF SUMMARY: The Governor has proclaimed November as Adoption Awareness Month in North Carolina to recognize the value of adoption for children in need of permanent homes with loving families. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board of Social Services unanimously voted to request that the Board of County Commissioners proclaim November as Adoption Awareness Month in New Hanover County. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: N/A ATTACHMENTS: Adoption Proclamat REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 65 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 3Estimated Time:Page Number: Department: Transportation Presenter: Annette Crumpton and Bill Bryden Contact: Annette Crumpton SUBJECT: Public Hearing and Consideration of Approval of Grant Application for Community Transportation Program Funding for FY 2005 - 2006 BRIEF SUMMARY: New Hanover County is eligible to obtain grant funding from the North Carolina Department of Transportation (NCDOT) for administrative, capital and technology assistance in the operation of the Cape Fear Public Transportation Authority (CFPTA). The grant application deadline is November 19, 2004. CFPTA provides general public and employment transportation to the unincorporated areas of the County. Human services transportation is also provided to clients of human service agencies throughout the County. A total of $336,663 is being requested for the upcoming fiscal year. These funds include $173,313 in administrative assistance and $163,350 in capital assistance. Local matching funds required will total $42,332 and will be included in the CFPTA budget request for the upcoming year. The current match amount is $46,817. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing, approve request to submit application, adopt resolution on use of funds, authorize Chairman Greer, County Manager O'Neal and County Attorney Copley to execute the appropriate application certifications and assurances upon receipt thereof and accept program funds if the grant is awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Local Match: $46,817 to be included in the CFPTA Budget Request for FY 2005-2006. ATTACHMENTS: pplication - ProSec III A - FY2006 CTP MASTER ADMIN B Sec II - FY2006 A Sec III B - FY2006 CTP MASTER CAPITAL REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A 67 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation noted above. This is a routine matter. COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing, approved 5-0. 68 69 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 4.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case S-452, 10/04 Special Use Permit (Expansion) - Request to Expand a Special Use Permit for a Youth Soccer Facility to Add Lighting, Parking and Two Soccer Fields at 6101 Murrayville Road BRIEF SUMMARY: Request by Stan Bullock and Chip Hicks for Margaret Olsen to expand a Special Use Permit for a Youth Soccer Facility to add lighting, parking, and two soccer fields located at 6101 Murrayville Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval by a vote of 3-2 with conditions as follows: Additional hours to 9:00 p.m., add lighting to the parking lot, extend the light poles to 45' and add lights to the second field. A restroom facility would be required per the Plumbing and Health Codes. The Board felt that there was insufficient information provided to allow the additional fields on the north end of the project at this time. Other conditions would remain with the permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: S-452.doS-452 Pet Sum 3 maps, 1 document ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-2, Davis and Pritchett dissenting, including the additional fields with the following conditions: additional hours to 8:30 p.m., lights in parking lot to be ground lighting for security. 71 72 73 74 75 76 77 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 4.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case Z-786, 10/04 Rezoning - Request to Rezone Approximately 10.56 Acres of Property from R-15 Residential to CD (B-2) Conditional Use Highway Business in the 9100 Block of Market Street BRIEF SUMMARY: Rezoning request by Jeff Keeter for Robert and Deborah Jones to rezone approximately 10.56 acres of property located in the 9100 block of Market Street on the west side between the Kirkland Community and Sidbury Road from R-15 Residential to CD (Conditional Use Highway Business) for a mini warehouse facility. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends denial by a vote of 3-2. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-786 findings ofZ-786 sum.dz-786 Petition Sum 3 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Rezoning to B-2 approved 3-2, Davis and Pritchett dissenting. Conditional Use approved 3-2, Davis and Pritchett dissenting. 79 80 81 82 83 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 4.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case SC-80, 08/04 Road Closing - to Consider Closing a Portion of Pine Avenue BRIEF SUMMARY: Road Closing request by Bob Jones, PLS for the Carlson family to consider closing a portion of Pine Avenue located near Santa Maria Avenue, Porters Neck Community. RECOMMENDED MOTION AND REQUESTED ACTIONS: Future utility infrastructure development and water access opportunities should be considered by the Board in deciding whether to close a portion of Pine Avenue. As the area continues to grow, the need for public utility services will increase. Growth also places pressure on the County's public water access opportunities, especially for nearby residents who may not have access to the water. For these reasons, Planning staff recommends that Pine Avenue remain open. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: SC-80.wp 2 maps and 2 documents ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Motion to close the road approved 5-0. 85 86 87 88 89 90 91 92 93 {This page intentionally left blank} 94 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 4.4Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: Case SN-95, 08/04 Street Renaming - Request to Consider the Street Renaming of Shadow Branch Lane BRIEF SUMMARY: Street renaming request by Planning staff on behalf of the residents of Lake Renaissance to consider the street renaming of Shadow Branch Lane to Lake Renaissance Circle. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the road be renamed from Shadow Branch Lane to Lake Renaissance Circle in Lake Renaissance subdivision and that the road connection be made with the break away gate as required by TRC in 1999. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: SN-95.wpd 1 document and 2 maps ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Continued at the request of the Lake Renaissance Home Owners Association. 95 96 97 {This page intentionally left blank} 98 99 {This page intentionally left blank} 100 101 {This page intentionally left blank} 102 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 5Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Approval of 2005 Calendar BRIEF SUMMARY: The Board will approve the 2005 Calendar of Board Meetings, which also includes 2005 scheduled holidays and conferences. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve 2005 Calendar of Board Meetings. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: posed Board of County Commissioners Meet Pro Color-coded proposed calendars will be inserted in Commissioners' agenda packets. ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Adopt a schedule for 2005. COMMISSIONERS' ACTIONS/COMMENTS: Approved as submitted except the January meetings, changed to January 10 and 24, 2005. 103 104 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 6Estimated Time:Page Number: Department: Governing Body Presenter: Allen O'Neal Contact: Allen O'Neal Item Does Not Require Review SUBJECT: Status of ABC Board Appointment BRIEF SUMMARY: At the Commissioners' meeting on October 4, Vice-Chairman Boseman raised the matter of residency of ABC Board member Howard Armistead. Dr. Armistead has been notified of the Commissioners' intention to discuss this matter. Please see the attached letters I sent to Dr. Armistead. As of the time this item was prepared I have not received a response from my October 6, 2004 letters to him. Included in this packet is the August 23rd letter from Dr. Armistead to Chairman Greer. Also included in this packet is the October 7, 2004 memo from Holt Moore regarding residency of ABC Board members and the definition of "residence" from Black's Law Dictionary. RECOMMENDED MOTION AND REQUESTED ACTIONS: Discuss and consider the matter. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Discuss and consider the matter. COMMISSIONERS' ACTIONS/COMMENTS: No action was taken. 105 106 107 108 109 110 111 112 113 {This page intentionally left blank} 114 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Regular Item #: 7Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Approval to Transfer Membership of Sonja Robinson from the Adult Care Home Community Advisory Committee to the Nursing Home Community Advisory Committee BRIEF SUMMARY: Harvin Quidas, Regional Ombudsman for both committees, has reported that Ms. Robinson is not eligible to serve on the Adult Care Home Committee, but does qualify for the Nursing Home Committee. She has requested that the Board switch Ms. Robinson's membership. Ms. Robinson is in agreement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve transfer of membership FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Ms. Robinson's application ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider membership transfer. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 115 116 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. 8:15 p.m. 1. Non-Agenda Items (limit three minutes) 8:25 p.m. 2. Approval of Minutes 119 8:30 p.m. 3. Consideration of Castle Hayne Sewer Extension ? Hudson Sewer 121 8:35 p.m. 4. Consideration of Revisions to the Waste Limits 123 117 {This page intentionally left blank} 118 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Water & Sewer Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Water & Sewer Agenda - Approval of Minutes BRIEF SUMMARY: Approve minutes from the Regular Meeting held on October 18, 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: Approve minutes. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 119 {This page intentionally left blank} 120 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Water & Sewer Item #: 3Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Castle Hayne Sewer Extension - Hudson Sewer BRIEF SUMMARY: Mr. Jay Hudson has requested sewer service for property located in the Castle Hayne area of New Hanover County. He has proposed to construct, at his expense, approximately 2,600 linear feet of gravity sewer and a sewer lift station and force main to serve the sewer extension. Currently, Mr. Hudson has requested the District to accept 15,000 gallons per day of sewer flow, however, he intends to request additional flow after completion of the North Side Wastewater Treatment Plant expansion. The treatment plant is currently above 90% capacity. The actual flow in the plant fluctuates over time and can rise or fall as much as 5%. The Kings Grant and Brookfield sewer projects are in progress and will reduce the available capacity once these projects are completed and activated. Any additional projects that would impact plant capacity must be reviewed and assessed on a case-by-case basis. The sewer expansion currently proposed by Mr. Hudson is expected to generate interest in connection to the County's sewer system. At this time, there is not sufficient capacity to allow this proposed extension to be utilized to its full potential. Sewer connections would need to be restricted to protect the operation of the treatment plant. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests approval of Mr. Hudson's proposal with the restriction that no other connection be allowed in the Castle Hayne area until the North Side Wastewater Treatment Plant expansion is complete and capacity is available. Exceptions would be granted for issues of public health and safety only. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No money involved ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A 121 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Agree with staff recommendation. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Boseman dissenting, with restriction recommended by staff. 122 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/08/04 Water & Sewer Item #: 4Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Revisions to the Waste Limits BRIEF SUMMARY: In accordance with the Interlocal Agreement between New Hanover County and the City of Wilmington, the sewage waste limits established within the County's Ordinance should be as stringent as that of the City. The following limits match the City's established limits. Fixed upper limits for constituents (mg/l), by weight: Current Limit Revised Limit Ammonia . . .30.00 17.0 Arsenic . . .0.05 0.003 Barium. . .1.00 0.15 Cadmium. . .0.02 0.003 Chlorinated hydrocarbons . . .0.40 no limit Chromium (hexavalent) . . . 0.50 no limit Chromium (total) . . . 1.00 0.002 Cooper . . . 0.10 0.041 Cyanide . . . 0.10 0.025 Flourides (total) . . . 1.00 no limit Iron . . . 3.00 2.90 Lead . . . 0. 10 0.049 Manganese . . .1.00 60 Mercury . . . 0. 005 0.0003 Methylene chloride . . . 0.50 0.10 Nickel . . .1.00 0.021 Organic nitrogen . . . 15.00 18.0 Phosphates (total) . . . 10.00 6.1 Selenium . . 0.02 0.2 Silver . . . 0.10 0.002 Sulfates (total) . . . 100.00 250 Sulfides (total) . . . 5.00 8.0 Surfactants . . . 8.00 no limit Zinc . . .0.50 0.165 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests that the Board approve modification of Section 56-195 - (7) - b. to include the revised limits as listed. FUNDING SOURCE: 123 Will above action result in: Number of Positions: Explanation: No funding involved ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Agree with staff recommendations. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 124