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Agenda 2004 12-20 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 · WILLIAM A. CASTER, VICE-CHAIRMAN TED DAVIS, JR., COMMISSIONER · WILLIAM A. KOPP,JR.,COMMISSIONER · NANCY H. PRITCHETT, COMMISSIONER ·· ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY SHEILA SCHULT, CLERK TO THE BOARD December 20, 2004 9:00 a.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9:15 a.m. 1.Presentation of New Hanover County Service Awards 45 9:25 a.m. 2. Recognition of New Employees47 nd 9:30 a.m. 3. Consideration of Request for 2 Tier Contract Payment49 9:40 p.m. 4. Presentation of Audit for Fiscal Year 03-0453 9:50 a.m. 5. Presentation by the Board of Directors of Coast Line Convention Management, 55 Inc. 10:05 a.m. 6. Consideration of Establishment of Date for Strategic Planning Session and 67 Approval of FY 05-06 Budget Calendar 10:15 a.m. 7. Consideration of Approval to Move Forward with Mason Inlet Maintenance 71 Project 79 10:30 a.m. 8. First Reading Application by Cape Medical Transport, Inc. for a Non-Emergency Ambulance Service Franchise 10:50 a.m. Break 11:00 a.m. 9. Consideration of Resolution Authorizing the Expansion of the Tidal Creeks 103 Watershed Management Advisory Board 11:10 a.m. 10. Consideration of Resolution Endorsing New Hanover County?s Participation in 107 the Lower Cape Fear Stewardship Development Awards Program 11:20 a.m. 11. Appointment of Commissioners to Serve on Various Boards and Committees 119 for 2005 11:50 a.m. 12. Committee Appointments121 1 12:05 p.m. Lunch Break 12:35 p.m. 13. Meeting of the Water and Sewer District185 1:05 p.m. 14. Non-Agenda Items (limit three minutes) 1:15 p.m. 15. Additional Items: County Commissioners Clerk to the Board County Attorney County Manager 1:30 p.m. 16. Closed Session Pursuant to G.S. 143-318.11(a)(3)183 2:00 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. 12:35 p.m. 1. Non-Agenda Items (limit three minutes) 12:45 p.m. 2. Approval of Minutes187 12:50 p.m. 3. Consideration of Well Field ? Additional Engineering Work and Associated 189 Budget Amendment 2005-28 3 {This page intentionally left blank} CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes7 9 2. Approval of Award of State Homeland Security Citizens Corps Grant and Associated Budget Amendment 05-0110 3. Approval of Annual Renewal of Contract 02-0379 for Three Year Engineering 19 Services with Gahagan and Bryant Associates 4. Approval of New Hanover County and New Hanover County Fire District 21 Collection Reports 5. Approval of Release of Tax Value25 Approval of Budget Amendments: 6.1 05-0101 Health27 6.2 05-0102 Governing Body/Health29 6.3 05-0103 Governing Body/Emergency Management31 6.4 05-0104 Fire Services33 6.5 05-0106 Sheriff35 6.6 05-0108 Social Services37 6.7 2005-26 Sheriff39 6.8 2005-27 Sheriff41 5 {This page intentionally left blank} 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 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 the minutes from the following meetings: Regular Meeting - November 22, 2004 Regular Meeting - December 6, 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 5-0. 7 {This page intentionally left blank} 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Consent Item #: 2Estimated Time:Page Number: Department: Emergency Management Presenter: Warren Lee, Carol Thiel Contact: Warren Lee Item Does Not Require Review SUBJECT: Award of FY 2004 State Homeland Security Grant Program Citizen Corps Grant Award-$9,500 BRIEF SUMMARY: In FY 2003 Emergency Management was awarded a grant in the amount of $33,830 to fund the recruitment, training and equipping of 50 Community Emergency Response Team (CERT) volunteers and equip 2 CERT trailers. In order to receive the CERT funding, the County had to register a Citizen Corps Council on the federal website. In FY2004, the grant is in the amount of $9,500. Part of the funds ($1,500) are to be used to further develop the County's Citizen Corps Council. We will do that by recruiting additional members and publicizing the existence of the Council, whose mission is to promote community safety. The remaining $8,000 of the grant is to be used to support the CERT program. We plan to recruit and train 1 additional CERT ($4,000), and provide maintenance activities for the 3 CERTs that were developed with FY2003 funds ($4,000). Those activities will include additional training opportunities, as well as opportunities to support Emergency Management and other County programs. There is no required match. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the grant. Request authorization for County Manager, Allen O'Neal, to sign the grant. Request approval of associated budget and expense amendments. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Memorandum of Agreement between New Hanover County and the NC Dept. of Crime Control & Public Safety, Division of Emergency Management, NC Citizen Corps/Office of the Governor. 05-0110.d ITEM DOES NOT REQUIRE REVIEW 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: 12/20/04 Budget Amendment DEPARTMENT: Emergency Management BUDGET AMENDMENT #: 05-0110 ADJUSTMENT DEBIT CREDIT Emergency Management: DHS Citizen Corps Grant $9,500 Contracted Services $2,160 Printing Charges $3,600 Departmental Supplies $3,538 Training and Travel $202 EXPLANATION: Request to establish budget for Department of Homeland Security Citizen Corps grant funding in the amount of $9,500 that was received from the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management and the North Carolina Citizen Corps, Office of the Governor. The funds will be used to sustain the New Hanover County Citizen Corps Council and the Community Emergency Response Team (CERT) program. ADDITIONAL INFORMATION: This grant requires us to expend local funds and submit invoices for reimbursement. This grant funding must be expended by August 15, 2005. APPROVAL STATUS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 11 12 13 14 15 16 17 {This page intentionally left blank} 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Consent Item #: 3Estimated Time:Page Number: Department: Engineering Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Annual Renewal Contract # 02-0379 Year Three Maintenance Interval Gahagan and Bryant Associates BRIEF SUMMARY: Pursuant to the Permit Conditions of the Mason Inlet Relocation Project issued by the Army Corps of Engineers, New Hanover County is required to provide monitoring and reporting data to the Federal and State regulatory agencies. On July 10, 2002, New Hanover County executed a contract with a local engineering firm to provide engineering services associated with the Mason Inlet Project. As required by contract, New Hanover County must renew the contract annually. The original proposal provided by the engineer, which was made part of the contract, defines the budget for year three services at $87,210. The contract is paid initially through the beach nourishment portion of the Room Occupancy Tax, and is ultimately assessed to benefitting property owners. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff request the County Commissioners approve renewal of Contract #02-0379 for year three engineering services with Gahagan and Bryant Associates for $87,210. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: 361-410-3615-7300-6000 - Mason's Inlet Maintenance Budget ATTACHMENTS: Gahagan and Bryant Associates Budget for Services 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. 19 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Consent Item #: 4Estimated Time:Page Number: Department: TAX Presenter: None Required Contact: Patricia Raynor Item Does Not Require Review SUBJECT: New Hanover County and New Hanover County Fire District Collection Reports BRIEF SUMMARY: Collections reports as of November 30, 2004 RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of these reports FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: collection reports ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 21 22 23 {This page intentionally left blank} 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Consent Item #: 5Estimated Time:Page Number: Department: TAX Presenter: None Required Contact: Robert Glasgow Item Does Not Require Review SUBJECT: Release of Value BRIEF SUMMARY: Request the following taxpayers be granted the Senior Citizen/Disability Exclusion: (applications and letters explaining late filing are available upon request) Bottorf, Sara P. Etal. $20,000 Brown, Patricia A. 33,080 Cowles, Jane P. 80,668 Glass, Jennelle 20,000 Hearn, Charles Nelson Life Estate 36,761 Kesler, Alice F. 70,328 Knight, Carolyn Holt 54,172 Langley, Hilda Myers 20,000 Phelps, Kay Peterson 34,082 Request correction of the following Senior Citizen/Disability Exclusion. This item was originally on the November 22, 2004 agenda but had the incorrect amount of $54,245 as the exclusion. The amount of exclusion reflected below is the correct total amount that will be excluded from the taxpayer's assessed value: Klinger, Kenneth R. 66,245 RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW 25 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment Consent Item #: 6.1Estimated Time:Page Number: DEPARTMENT: Health BUDGET AMENDMENT #: 05-0101 ADJUSTMENT DEBIT CREDIT Public Health Bioterrorism: State Grant $79,353 Salaries and Wages $10,000 Contracted Services $4,000 Radios $1,000 M&R - Auto and Trucks $2,000 Printing Charges $4,800 Departmental Supplies $9,000 Safety Equipment $9,000 Dues and Subscriptions $500 Employee Reimbursements $2,000 Training and Travel $37,053 EXPLANATION: State grant funding reduced. Budget amendment is to reduce adopted FY 04-05 expenditures to reflect funding authorization received from State. ADDITIONAL INFORMATION: Adopted budget for FY 04-05 is $441,730, state funding authorization received in the amount of $362,377 (difference of $79,353). APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 {This page intentionally left blank} 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment Consent Item #: 6.2Estimated Time:Page Number: DEPARTMENT: Governing Body/Health BUDGET AMENDMENT #: 05-0102 ADJUSTMENT DEBIT CREDIT Governing Body: County Commissioners: Appropriated Fund Balance $13,123 Health: Care Coordination: State Grant $21,123 Contracted Services $5,000 Employee Reimbursements $3,000 EXPLANATION: To budget additional funds received from State grant to support Child Service Coordination Program. $13,123 of funds will be applied toward previously budgeted line items while $8,000 will be used to cover cost of non-budget expenditures. ADDITIONAL INFORMATION: The additional funds will be used for the Child Service Coordination Program to cover cost of providing interpreting services, as well as to offset the increase in mileage reimbursement. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 29 {This page intentionally left blank} 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment Consent Item #: 6.3Estimated Time:Page Number: DEPARTMENT: Governing Body/Emergency Management BUDGET AMENDMENT #: 05-0103 ADJUSTMENT DEBIT CREDIT Governing Body: County Commissioners: Appropriated Fund Balance $160,000 Emergency Management: Hurricane Charley: Overtime Pay $123,000 Contracted Services $37,000 EXPLANATION: To appropriate additional funds for expenses related to Hurricane Charley clean-up. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 31 {This page intentionally left blank} 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment Consent Item #: 6.4Estimated Time:Page Number: DEPARTMENT: Fire Services BUDGET AMENDMENT #: 05-0104 ADJUSTMENT DEBIT CREDIT Fire Departments: Other $2,919 Fire Services Administration: Departmental Supplies $2,919 EXPLANATION: To budget "Get Alarmed" grant from the North Carolina Office of State Fire Marshall. ADDITIONAL INFORMATION: Funds will provide fire safety education and supplies to New Hanover County citizens. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 33 {This page intentionally left blank} 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment Consent Item #: 6.5Estimated Time:Page Number: DEPARTMENT: Sheriff BUDGET AMENDMENT #: 05-0106 ADJUSTMENT DEBIT CREDIT Federal Forfeited Property: Capital Project Expense $4,115 Transfer to Other Funds $4,115 General Fund Sheriff/Administration: Transfer in from FFP $4,115 Sheriff/Patrol: Salaries and Wages $3,492 Social Security Taxes $267 Retirement-Local Govt Empl. $171 Retirement - 401K $175 LT Disability Insurance $10 EXPLANATION: Transfer in from Federal Forfeited Property funds to General Fund/Sheriff's Office for remaining FY 04-05 cost of two position reclassifications. ADDITIONAL INFORMATION: The two position reclassifications were approved by the County Manager. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 35 {This page intentionally left blank} 36 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment Consent Item #: 6.6Estimated Time:Page Number: DEPARTMENT: Social Services BUDGET AMENDMENT #: 05-0108 ADJUSTMENT DEBIT CREDIT Child Day Care: Office Day Care Services $21,894 Day Care Services $21,894 EXPLANATION: Received additional Day Care allocation to allow us to serve current day care recipients for the remainder of the fiscal year and to serve a portion of the waiting list. ADDITIONAL INFORMATION: No additional County dollars required. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 37 {This page intentionally left blank} 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment Consent Item #: 6.7Estimated Time:Page Number: DEPARTMENT: Sheriff BUDGET AMENDMENT #: 2005-26 ADJUSTMENT DEBIT CREDIT Controlled Substance Tax: Controlled Substance Tax $8,583 Capital Project Expense $8,583 EXPLANATION: To increase budget for additional revenue received on November 30, 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 5-0. 39 {This page intentionally left blank} 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment Consent Item #: 6.8Estimated Time:Page Number: DEPARTMENT: Sheriff BUDGET AMENDMENT #: 2005-27 ADJUSTMENT DEBIT CREDIT Federal Forfeited Property: Federally Forfeited Property $25,900 Capital Project Expense $25,900 EXPLANATION: To increase budget for additional revenue received on November 10 and December 8, 2004. ADDITIONAL INFORMATION: Federal Forfeited Property 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 5-0. 41 {This page intentionally left blank} 42 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9:15 a.m. 1. Presentation of New Hanover County Service Awards 45 9:25 a.m. 2. Recognition of New Employees 47 nd 9:30 a.m. 3. Consideration of Request for 2 Tier Contract Payment 49 9:40 p.m. 4. Presentation of Audit for Fiscal Year 03-04 53 9:50 a.m. 5. Presentation by the Board of Directors of Coast Line Convention Management, 55 Inc. 10:05 a.m. 6. Consideration of Establishment of Date for Strategic Planning Session and 67 Approval of FY 05-06 Budget Calendar 10:15 a.m. 7. Consideration of Approval to Move Forward with Mason Inlet Maintenance 71 Project 10:30 a.m. 8. First Reading 79 Application by Cape Medical Transport, Inc. for a Non-Emergency Ambulance Service Franchise 10:50 a.m. Break 11:00 a.m. 9. Consideration of Resolution Authorizing the Expansion of the Tidal Creeks 103 Watershed Management Advisory Board 11:10 a.m. 10. Consideration of Resolution Endorsing New Hanover County?s Participation in 107 the Lower Cape Fear Stewardship Development Awards Program 11:20 a.m. 11. Appointment of Commissioners to Serve on Various Boards and Committees 119 for 2005 11:50 a.m. 12. Committee Appointments 121 12:05 p.m. Lunch Break 12:35 p.m. 13. Meeting of the Water and Sewer District 185 1:05 p.m. 14. Non-Agenda Items (limit three minutes) 1:15 p.m. 15. Additional Items: County Commissioners Clerk to the Board County Attorney County Manager 1:30 p.m. 16. Closed Session Pursuant to G.S. 143-318.11(a)(3) 183 2:00 p.m. ADJOURN 43 {This page intentionally left blank} 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 1Estimated Time:Page Number: Department: Human Resources Presenter: Allen O'Neal Contact: Rosetta Bryant Item Does Not Require Review SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The following employees are eligible for New Hanover County Service Recognition: FIVE (5) YEAR: Peggy J. Rhodes - Tax Dept.; John J. Colby - Sheriff's Office; Brian C. Bellamy - Sheriff's Office; Hattie M. Moore - Inspections Dept.; Felicia S. Myott - Health Dept.; Charlotte J. Norris - Health Dept.; Melinda K. Fullwood; Teresa G. Walker - Social Services TEN (10) YEAR: Robert C. Glasgow - Tax Dept.; Kymberleigh G. Crowell - Legal Dept.; David R. Swan - Sheriff's Office; Susan L. Fred - Social Services FIFTEEN (15) YEAR: William D. Shiver - Tax Dept.; Kenneth R. Sholar - Health Dept.; TWENTY-FIVE (25) YEAR: Terry L. Baird - Information Technology Dept. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present awards. COMMISSIONERS' ACTIONS/COMMENTS: Presented awards. 45 {This page intentionally left blank} 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 2Estimated Time:Page Number: Department: Human Resources Presenter: Allen O'Neal Contact: Marlene Carney Item Does Not Require Review SUBJECT: Recognition of New Employees BRIEF SUMMARY: A list of new employees will be made available at the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize new employees. COMMISSIONERS' ACTIONS/COMMENTS: Recognized new employees. 47 {This page intentionally left blank} 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 3Estimated Time:Page Number: Department: County Manager Presenter: Harry Dorsey, Citizen and Owner of Carolina Communications Contact: Allen O'Neal Item Does Not Require Review SUBJECT: Request for 2nd Tier Contract Payment BRIEF SUMMARY: Mr. Harry Dorsey, President of Carolina Communications, has submitted a request for payment of $96,000 he claims is owed from a sub-contractor on the Jail Project, McGregor Communications. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear Mr. Dorsey's request. He is a second tier subcontractor and the County has no privity of contract in this matter. McGregor Communications has filed bankruptcy and has not concurred with release of funds to Carolina Communications. Steps have been taken to set aside the amount Mr. Dorsey claims to be owed. Release of funds will occur upon concurrence by McGregor Communications and J. M. Thompson and Company. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear Mr. Dorsey. COMMISSIONERS' ACTIONS/COMMENTS: Heard Mr. Dorsey. 49 50 51 {This page intentionally left blank} 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 4Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: Presentation of Audit for Fiscal Year 03-04 BRIEF SUMMARY: The audit for fiscal year 03-04 has been completed. The Finance Director and McGladrey and Pullen CPAs will report the results of the audit as well as a report on the County's financial position. RECOMMENDED MOTION AND REQUESTED ACTIONS: Listen to presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. 53 {This page intentionally left blank} 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 5Estimated Time:Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Cam Griffin SUBJECT: Coast Line Convention Center Requests County Support through April 30, 2007 BRIEF SUMMARY: The Board of Directors of the Coast Line Convention Center Management, Inc., requests the opportunity to give a brief presentation and request continued County support at the current level of commitment, for the convention center from May 1, 2005 until April 30, 2007, or completion of the new convention center. An amount of $42,870 is being requested from the County for FY 05-06 and FY 06-07. If the convention center is completed ahead of schedule the FY 06-07 amount can be prorated, according to Jerry Gilson, Director of the Coast Line Center. The City Council has heard the Coast Line presentation and will take action on the request for City funding in the amount of $45,000 per year in January of 2005. The current lease between the County and the Coast Line Convention Center expires April 30, 2005. The FY 04-05 budget includes $42,870 for the Coast Line Convention Center. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation from the Board of Directors of the Coast Line Convention Center and consider extending County support through April 30, 2007. Consider approving seventh amendment to lease agreement originally entered into Jan 19, 1988 between the County, City, and Big Dawg, LLC, a North Carolina limited liability company. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: FY 05-06 and FY 06-07 County General Fund Budget. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A 55 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. Recommend the Board table the request until the City Council takes action and after a January or February budget retreat/work session. Staff is working on preliminary budget numbers for the FY05-06 budget. I am uncomfortable recommending a commitment at this time. Please see back-up material from 12/03/01. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. Tabled request for funding 5-0. 56 57 58 59 60 61 62 63 64 65 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 6Estimated Time:Page Number: Department: Budget Presenter: Allen O'Neal, County Manager Contact: Cam Griffin, Budget Director SUBJECT: Establishment of Date for Strategic Planning Session and Approval of FY 05-06 Budget Calendar BRIEF SUMMARY: Staff requests the County Commissioners establish a date for a planning session for strategic review of County programs and issues, with a goal of establishing priorities for FY 05-06 and beyond. The session should be 1 full day, to possibly 1- 1/2 days in length to provide staff and commissioners adequate time to discuss the many issues facing the County. Possible date(s) are Jan 21 and 22, or January 28 and 29th. A draft FY 2005-2006 Budget Calendar has been established for the Board of County Commissioners' review and approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board of County Commissioners establish a date(s) for a planning session and review and approve the FY 2005-2006 Budget Calendar. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Budget Calendar For Fiscal REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation above. COMMISSIONERS' ACTIONS/COMMENTS: Planning session will be held January 28-29, 2005. FY2005-2006 Budget Calendar was approved 5-0. 67 68 69 {This page intentionally left blank} 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 7Estimated Time:Page Number: Department: Engineering Presenter: Dave Weaver/Greg Thompson Contact: Dave Weaver/Greg Thompson SUBJECT: Consideration of Approval to Move Forward with Mason Inlet Maintenance Project BRIEF SUMMARY: Implementation of the first maintenance project for Mason Inlet is necessary in order to stabilize the Inlet as relocated several years ago. The Maintenance Project will consist of two components: land-based dredging and hydraulic dredging. The land-based dredging, which needs to be done this winter, basically will involve using an excavator at the southern tip of Figure Eight Island to remove accreted sand and consequently pull the channel back to the north. The hydraulic dredging, which will likely be done next winter, would result in the stabilizing of the channel in the Inlet and Mason Creek. The sand from both projects will be placed on Figure Eight Island. Staff is seeking approval of one of the two following administrative options to accomplish the maintenance project: 1. The County can contract with Figure Eight Island for the performance of all the work, except the permitting and engineering to-date, at Figure Eight's cost. Figure Eight may be able to accomplish the Maintenance Project at a lower cost than the County can because Figure Eight can be more flexible in negotiating with the contractor and can combine the Inlet maintenance hydraulic dredging with its own maintenance dredging project in Banks Channel behind the Island. The attached agreement would accomplish this option. The Board of the Figure Eight Island Homeowners Association has tentatively approved this agreement; or 2. The County can complete the project by itself and assess the costs to Figure Eight Island and the property owners on the north end of Shell Island, in the same way that the County performed the original Relocation Project. In order to meet advertising and bidding requirements, the County must advertise the project before the end of 2004. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that option one be approved as the preferred option by the Commissioners. Although the Figure Eight Island HOA Board has tentatively approved it, the individual homeowners must also vote to approve it. This vote, due to time constraints, cannot be completed until after the December 20th meeting. Therefore, staff also recommends that the County Commissioners direct staff to proceed with the County's bidding process in case the homeowners do not ultimately approve the agreement. This is necessary in order for the project to be complete before April 1, which is the end of the dredging season. It is critical to note that the Mason Inlet Preservation Group, which consists of all property owners assessed for the Project and is led by Frank Pinkston, has endorsed this approach. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No money involved in this agenda item ATTACHMENTS: 71 REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation noted above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 72 73 74 75 76 77 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 8Estimated Time:Page Number: Department: Legal Presenter: Steve Culbreth, Esq. Contact: Holt Moore, Assistant County Attorney SUBJECT: First Reading Application by Cape Medical Transport, Inc. for a Non-Emergency Ambulance Service Franchise BRIEF SUMMARY: Cape Medical Transport, Inc. is requesting a franchise to provide non-emergency medical transportation services in New Hanover County. New Hanover Regional EMS, as overseer of the regional model EMS system, has been informed of this application. Two readings would be required in order to grant the franchise. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider application and grant or deny request for franchise. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Application materials. Staff will provide comments and recommendations under separate cover in advance of the meeting. The company's financial information will be kept in a confidential file in the Clerk's office. REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct first reading. COMMISSIONERS' ACTIONS/COMMENTS: Request denied 5-0. 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 {This page intentionally left blank} 102 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 9Estimated Time:Page Number: Department: Planning Presenter: Chris O'Keefe, Bill Caster Contact: Chris O'Keefe SUBJECT: Expansion of the Tidal Creeks Watershed Management Advisory Board BRIEF SUMMARY: The Tidal Creeks Watershed Management Advisory Board was formed in 1999 to implement the Clean Water Management Trust fund grant which purchased Airlie Gardens, four other riparian properties, and developed numerous initiatives to improve water quality in five of the County's Tidal Creeks. As the initial grant period has ended the Advisory Board recognizes the need for continued emphasis on water quality not only in the Tidal Creeks but in all the surface water bodies in New Hanover County. The attached resolution authorizes the Advisory Board to expand its territory to include the entire county, expand the membership of the Board and authorize a budget amendment for administrative purposes. Also attached is an expanded draft description of the role of the Advisory Board. RECOMMENDED MOTION AND REQUESTED ACTIONS: Read and sign the attached resolution authorizing the expansion of the Tidal Creeks Program FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: $5,000 for administrative expenses ATTACHMENTS: Resolution, Role of Advisory Board new advisory board new water qualityb REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 103 104 105 {This page intentionally left blank} 106 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 10Estimated Time:Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe SUBJECT: Development Stewardship Award Program BRIEF SUMMARY: The New Hanover County Tidal Creeks Watershed Management Advisory Board has initiated a program together with the Cape Fear Homebuilders Association, Soil and Water Conservation District, City of Wilmington, Pender and Brunswick Counties and others to recognize exemplary conservation efforts in land development. The program will rely on County Planning staff members to help implement the program. The Board of Commissioners, in the attached resolution, is being asked to endorse the program. The County's commitment to quality development and stewardship of our natural resources are highlighted in the resolution. The Stewardship Development Advisory Committee (SDAC), which will consist of one person from each of the recognizing bodies listed on the brochure, will appoint a 5-7 member Judging Panel. The official members of the SDAC will be, for example, the New Hanover County Planning Department Director or designee; a New Hanover Soil & Water Conservation District Supervisor or designee, etc. We strongly promote involvement of more than one person from each agency, but each of the 11 recognizing bodies will only have one voting member. Award recipients will be determined based on whether they have met pre-established criteria, determined by the Judging Panel. RECOMMENDED MOTION AND REQUESTED ACTIONS: Move that the Chairman read and sign the attached resolution endorsing New Hanover County's participation in the Lower Cape Fear Stewardship Development Awards Program. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Resolution, program flyer, award criteria, proposed application p resolcfstewardship (11-Criteria GuidelStewardship Applica draft stewardshi REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A 107 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 108 109 110 111 112 113 114 115 116 117 118 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 11Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Appointment of Commissioners to Serve on Various Boards and Committees BRIEF SUMMARY: At the Board's second meeting in December, appointments are usually made to the various boards and committees requiring a Commissioner appointment. RECOMMENDED MOTION AND REQUESTED ACTIONS: Make Appointments FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: cc-boards2. ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Make appointments. COMMISSIONERS' ACTIONS/COMMENTS: Made appointments as listed on page 120. 119 120 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 12Estimated Time:Page Number: Department: Governing Body Presenter: Sheila Schult Contact: Sheila Schult Item Does Not Require Review SUBJECT: Committee Appointments BRIEF SUMMARY: Appointments are needed for the following Boards and Committees Adult Care Home Community Advisory Committee Board of Health Cape Fear Public Transportation Authority/WAVE Transit Authority Commission for Women Human Relations Commission Plumbing Board of Examiners Tourism Development Authority RECOMMENDED MOTION AND REQUESTED ACTIONS: Make Appointments FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Committee Information Sheets and Applications ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Make appointments. COMMISSIONERS' ACTIONS/COMMENTS: Appointments/reappointments were made for the following Boards and Committees: Adult Care Home Community Advisory Committee Appointments: Ginger Hill Page, Robert R. Richardson 121 Board of Health Reappointments: Marvin Freeman, General Public Category; Edward Weaver, Jr., Optometrist Category Appointments: Robert M. Shakar, Jr., Physician Category; G. Robert Weedon, Veterinarian Category Cape Fear Public Transportation Authority/WAVE Transit Authority Reappointment: Robert Ronne Commission for Women Appointments: Tammy Boseman appointed to term expiring 05/31/07, Karen V. Chappel appointed to term expiring 05/31/05 Human Relations Commission Reappointments: Anthony Gentile, at-large category, Pastor James Utley, Ministerial Alliance Representative Plumbing Board of Examiners Appointment: Ernest Cleveland Skipper Tourism Development Authority Appointment: A. Scott Croamartie, Chamber of Commerce Representative Reappointments: Mary Baggett Martin, Hotel Owner/Manager of 150 rooms or more in Wrightsville Beach Category Ronnie W. Pernell, Hotel Owner/Manager in Kure Category Carl Marshburn, Tourist Attraction Category 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Regular Item #: 16Estimated Time:Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney Contact: Wanda M. Copley, County Attorney SUBJECT: Closed Session Pursuant to G.S. 143-318.11(a)(3) BRIEF SUMMARY: Closed Session to consult with the County Attorney regarding potential litigation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold Closed Session. FUNDING SOURCE: Will above action result in: 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 discussed the merits and pros and cons of appealing the decision of theCourt on the Inland Harbor Special Use Permit. A motion not to appeal was approved 3 to 1, Commissioner Davis dissenting. Commissioner Pritchett was recused. 183 {This page intentionally left blank} 184 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. 12:35 p.m. 1. Non-Agenda Items (limit three minutes) 12:45 p.m. 2. Approval of Minutes 187 12:50 p.m. 3. Consideration of Well Field ? Additional Engineering Work and Associated 189 Budget Amendment 2005-28 185 {This page intentionally left blank} 186 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 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 December 6, 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 5-0. 187 {This page intentionally left blank} 188 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Water & Sewer Item #: 3Estimated Time:Page Number: Department: Water & Sewer District Presenter: Greg Thompson Contact: Greg Thompson SUBJECT: Well Field - Additional Engineering Work W.K. Dickson BRIEF SUMMARY: During the January 20, 2004 meeting of the New Hanover County Water and Sewer District, the Board approved the final scope of the Well Field and Water Treatment Plant facility. Since that date, system enhancements have been made and are ongoing, property for the treatment plant has been acquired and two production wells are under construction. The wells will be used to provide valuable data that will be included in the Environmental Assessment to be submitted to regulatory agencies as part of the permitting process. After the test data has been acquired, the production wells will be incorporated into the existing water system and will be utilized as part of the final project. The District's Consultant, W.K. Dickson, continues to work on this project. A modification to their contract is required to accommodate the scope change approved earlier this year. A Change Order in the amount of $1,707,334 is required to make the contract current. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests the Board approve the Change Order in the amount of $1,507,901 and the associated budget amendment in the amount of $1,707,334. This value includes additional work associated with: Permitting, Design and Bidding in the amount $718,697 Construction Administration, Inspection, Instrument Prog. $746,684 Post-Construction Services $105,520 Contingency $136,433** Total Budget Amendment $1,707,334 ** The Contingency represents approximately 5% of the contract value ($2,728,666). Please give the County Manager authorization to execute Change Order. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer Funds ATTACHMENTS: Letter from W.K. Dickson Breakdown of Change Order ba2005-28.d 189 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. 190 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Budget Amendment DEPARTMENT: Well Field/Water-Sewer Operating BUDGET AMENDMENT #: 2005-28 ADJUSTMENT DEBIT CREDIT Well Field Transfer in from Fund 800 $1,707,334 Extended Project Expense $1,707,334 Water/Sewer Operating Appropriate Fund $1,707,334 Balance/Water&Sewer District Transfer to Capital Project $1,707,334 EXPLANATION: To budget transfer in from Fund 800 for additional engineering work by W.K. Dickson. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 191 192 193 {This page intentionally left blank} 194 195 196 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 12/20/04 Additional Item #: 1Estimated Time:Page Number: Department: Airlie Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Approval of Event Sponsorship Categories for Airlie Gardens BRIEF SUMMARY: Attached is a list of major Airlie events and benefits to be received by sponsors, depending on the level of participation. This list was approved by the Airlie Foundation Board on December 16, 2004 in preparation for the upcoming year. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the County Commissioners approve this list of sponsorship levels. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 197 198 199