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Agenda 2003 02-17 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC TED DAVIS, JR., CHAIRMAN · ROBERT G. GREER VICE-CHAIRMAN WILLIAM A. CASTER, COMMISSIONER · JULIA BOSEMAN, COMMISSIONER · NANCY PRITCHETT, COMMISSIONER ·· ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD February 17, 2003 9:00 a.m. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS TIMES 9:15 a.m. 1. Presentation of New Hanover County Service Awards 9:25 a.m. 2. Recognition of New Employees 9:30 a.m. 3. Introduction of Wrightsville Beach Town Manager, Andrea Surratt 9:35 a.m. 4. Outstanding Board of Health Award 9:40 a.m. 5. Consideration of a Resolution Levying an Additional One-Half Percent (1/2%) Local Option Sales Tax Effective July 1, 2003 10:00 a.m. 6. Presentation of Annual Audit & County Financials 10:10 a.m. 7. Public Hearing: Consideration of Series 2003 Certificates of Participation and Approval Resolution 10:20 a.m. 8. Presentation by Citizens for Conservation of the North End 10:35 a.m. 9. Committee Appointments 10:50 a.m. 10. Meeting of the Water and Sewer District 10:55 a.m. Non Agenda Items (limit 3 minutes) 11:00 a.m. Additional Items: County Commissioners County Attorney County Manager 11:05 a.m. Break 11:15 a.m. 11. Subdivision Ordinance Text Amendment - Request by the Planning staff to amend several sections of the Subdivision Ordinance to incorporate the proposed changes as recommended by the Unified Development Ordinance oversight Committee. (A-321, 08/02) 12:15 p.m. 12. Zoning and Subdivision Ordinance Text Amendment ? Request by the Planning Board to amend recently adopted changes to Section 102-04 of the Zoning Ordinance regarding density calculations and revisions to Performance Residential Developments, and Section 33 of the Subdivision Ordinance regarding expiration of preliminary site plans. (A-324, 12/02) 1:15 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS Non-Agenda Items (limit 3 minutes) 1. Approval of Minutes CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Submittal of Application for NPDES Phase II Stormwater Management 3. Approval of 03-04 Programmatic Goals 4. Approval of Resolution Proclaiming March 2003 ?Women?s History Month? 5. Approval of Renewal of Contract #97-0205 6. Approval of Airlie Gardens Cottage Renovations 7. Approval of Equipment Disposal Through Private Sale and Related Budget Amendment #03-0126 8. Approval of Health Department Fee Policy for Child Safety Seats 9. Approval of Request to Deaccession Object from Museum Collection 10. Approval of Grant Conservation Easement for Wetland Restoration Project 11. Approval of Budget Amendment #03-0125 to Budget Proceeds from the Fall Friends of the Library Book Sale 12. Approval of Grant Application for Library Services and Technology Act (LSTA) Infrastructure Grant for Purchase and Installation of a New Server 13. Approval of EZ-LSTA Basic Equipment Grant to Purchase PC?s for the Main Library for Internet Access 14. Approval of Library Advisory Board By-Laws 15. Approval of Advertisement of Tax Liens on Real Property 16. Approval of Release of Taxes Barred by G.S. 105-378 17. Approval of Release of Tax Value 18. Approval of New Hanover County and New Hanover County Fire District Collection Reports Approval of Budget Amendments: 19.1 #03-0118 19.2 #03-0124 19.3 #2003-26 19.4 #2003-27 {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 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 entitled to New Hanover County Service Awards due to their length of service to the citizens of New Hanover County: FIVE (5) YEAR: Patricia K. Parker - Public Safety; Charles E. Gore - Sheriff's Department; James A. Maroldt - Sheriff's Department; William C. Engebretsen - Water/Sewer - Engineering; Patricia D. McGinley - Water/Sewer - Engineering; Kathryn A. Bujalski - Library; TEN (10) YEAR: Regina D. Randall - Health; Sarah Brooks - Social Services; Lora L. Howard- Thackrah - Social Services; Harriet C. Page - Social Services; FIFTEEN (15) YEAR: Mildred G. Webb - Property Management; Mary E. Osborne - Sheriff's Dept.; and TWENTY-FIVE (25) YEAR: Patricia B. Wright - WASTEC. 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 service awards. COMMISSIONERS' ACTIONS/COMMENTS: Presented service awards. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 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. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 3Estimated Time:Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Allen O'Neal SUBJECT: Introduction of Wrightsville Beach Town Manager BRIEF SUMMARY: Andrea L. Surratt is the new manager of the Town of Wrightsville Beach. A brief resume is attached. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: she will fax REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Welcome Andrea and wish her well. COMMISSIONERS' ACTIONS/COMMENTS: Welcomed Andrea and wished her best of luck. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 4Estimated Time:Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Dave Rice SUBJECT: Outstanding Board of Health Award BRIEF SUMMARY: The New Hanover County Board of Health (NHCBH) received the Association of North Carolina Boards of Health (ANCBH) "Outstanding Board of Health Award" on January 30, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize and congratulate the New Hanover County Board of Health FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize the Board of Health for their accomplishment,. COMMISSIONERS' ACTIONS/COMMENTS: Recognized the Board of Health for their being chosen as ?Outstanding Board of Health? by the NC Board of Health. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 5Estimated Time:Page Number: Department: Budget Presenter: Allen O'Neal, Cam Griffin Contact: Cam Griffin SUBJECT: Resolution Levying an additional One-half percent (1/2%) Local Option Sales Tax effective July 1, 2003. BRIEF SUMMARY: In FY02-03 the State completely eliminated local government reimbursements which resulted in a decrease in revenue for New Hanover County of $4.5 million. The County used one time revenue to fill the gap caused by eliminating the reimbursements in FY02-03. The one-half percent sales tax is necessary to replace the revenue in FY03-04 and beyond. Preliminary estimates are that the tax will generate $6,100,000 in FY03-04. Distribution of proceeds within the state will be based on one half point of sales and one half per capita. A public hearing was held concerning implementation of the sales tax July 8, 2002. Resolution was adopted that the county might implement the sales tax. The 1/2% sales tax cannot be taken away from the County by the State. It becomes the County's revenue. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and approve resolution implementing additional one-half percent (1/2%) sales tax July 1, 2003. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Resolution-Third One-Half Cent Sales Tax(3rd V REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend adoption of the resolution enacting the 1/2 cent sales tax effective July 1, 2003. COMMISSIONERS' ACTIONS/COMMENTS: goal Adopted the resolution enacting the ½ cent sales tax effective July 1, 2003, also established a of reducing property taxes by 2 cents next fiscal year. Approved 4-1, Chairman Davis against. RESOLUTION LEVYING THE THIRD ONE-HALF PERCENT (1/2%) LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN NEW HANOVER COUNTY WHEREAS, the General Assembly has authorized the New Hanover County Board of Commissioners to levy a one-half percent (1/2%) local sales and use tax by enacting N.C.G.S. 105-517(b) in Section 34.14(a) of Session Law 2001-424; and, WHEREAS, the New Hanover County Board of Commissioners held the public hearing on the issue of adopting this resolution on July 8, 2002, as required by N.C.G.S. 105-517(b) and proper public notice of the Board?s intent to consider this resolution was provided as required by N.C.G.S. 105-517(b); and, WHEREAS, the General Assembly levied a one-half percent (1/2%) State sales tax effective October 16, 2001, by enacting Section 34.14(a) of Session Law 2001-424, and this tax expires July 1, 2003, the same day the sales and use tax levied hereby becomes effective, and as a result the Board?s action herein will not result in an increased sales and use tax for the consumer; and, WHEREAS, New Hanover County lost $4.5 million in funds made available by the State of North Carolina to replace revenue lost because of legislative action: (1) to repeal sales taxes imposed on purchases made with Food Stamps; (2) to repeal property taxes imposed on inventories held by manufacturers, retailers, and wholesalers; (3) to repeal taxes on intangible personal property; and, (4) to reduce taxes levied on residential property owned by low- income elderly taxpayers; and, WHEREAS, the New Hanover County Board of Commissioners hereby finds that, particularly in light of the circumstances cited herein, the levy of the Third One-Half Percent (1/2%) Local Government Sales and Use Tax is necessary to adequately finance the operations of the County and the cities and towns herein. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners: (1) Imposes and levies within New Hanover County the Third One-Half Percent (1/2%) Local Government Sales and Use Tax authorized by Section 34.14(a) of Session Law 2001-424 and codified as Article 44 of Chapter 105 of the General Statutes of North Carolina. The tax shall apply to the same extent and be subject to the same limitations as are set forth in said Session Law 2001-424. (2) Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after July 1, 2003. - 2 - (3) The net proceeds of the tax levied herein would be distributed by the Secretary of Revenue on a monthly basis to New Hanover County as prescribed by N.C.G.S. 105-520. The amount distributed to New Hanover County would be divided among the County and the municipalities herein in accordance with the method by which the one percent (1%) sales and use taxes levied in New Hanover County pursuant to Article 39 of General Statutes Chapter 105 are distributed. (4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue. th Adopted this 17 day of February 2003. Ted Davis, Jr., Chairman New Hanover County Board of Commissioners Lucie F. Harrell, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 6Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: Presentation of Annual Audit & County Financials BRIEF SUMMARY: As part of the annual audit, staff will present the results of the audit and a presentation on the County's financial position. McGladrey and Pullen CPAs will also be available for comment and questions that the Board of County Commissioners may have. RECOMMENDED MOTION AND REQUESTED ACTIONS: Listen to presentation FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 7Estimated Time:Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney and Bruce Shell, Finance Director Contact: Wanda M. Copley, County Attorney and Bruce Shell, Finance Director SUBJECT: Public Hearing - Series 2003 Certificates of Participation and Approval of Resolution BRIEF SUMMARY: The Board voted on 2/3/03 to authorize staff to submit an application to the Local Government Commission as well as to establish a public hearing on 2/17/03 on the proposed debt. The County Commissioners are required to hold a public hearing and adopt the attached resolution to approve the installment financing of the proposed installment financing and/or refinancing of certain water and sewer, fire station, administration building and airport projects in the Countyand making certain findings and determinations in connection with the Series 2003 Certificates of Participation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold Public Hearing and adopt the attached Resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: To be distributed to the Board at Staff Meeting. REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend holding public hearing and then adopting the required resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Commissioner Boseman descending on the resolution. Adopted two project ordinances and the Interlocal agreement with the Airport Authority ($4.6 million). Motion passed 5-0. PROJECT ORDINANCE ADDITIONS TO ADMINISTRATIVE ANNEX BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County(County) is engaged in the Construction of the Additions to the Administrative Annex, which capital project involves the construction and/or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute $159-13.2. 2. The project undertaken pursuant to this ordinance is the Construction of the Additions to the Administrative Annex Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Sale of Property $1,100,640 Installment Loan Proceeds 2,777,040 Total $3,877,680 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $3,877,680 Total $3,877,680 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this day of , 2003. Clerk to the Board Ted Davis, Jr., Chairman Board of County Commissioners NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Budget Amendment DEPARTMENT: Additions to Administrative Annex Capital Project BUDGET AMENDMENT #: 2003-30 ADJUSTMENT DEBIT CREDIT Sale of Fixed Assets $1,100,640 Installment Loan Proceeds $2,777,040 Extended Project Expense $3,877,680 EXPLANATION: To establish project budget according to Capital Project Ordinance ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Aproved 5-0. PROJECT ORDINANCE AIRPORT IMPROVEMENTS PROJECT BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County(County) is engaged in the Construction of the Airport Improvements Project, which capital project involves the construction and/or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute $159-13.2. 2. The project undertaken pursuant to this ordinance is the Construction of the Airport Improvements Project Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Transfer from General Fund $ 800,000 Installment Loan Proceeds 3,800,000 Total $4,600,000 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $4,600,000 Total $4,600,000 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this day of , 2003. Clerk to the Board Ted Davis, Jr., Chairman Board of County Commissioners NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Budget Amendment DEPARTMENT: Airport Improvements Capital Project/Commissioners/Transfers to Other Funds BUDGET AMENDMENT #: 2003-31 ADJUSTMENT DEBIT CREDIT Airports Improvements Project Transfer in from General Fund $800,000 Installment Loan Proceeds $3,800,000 Extended Project Expense $4,600,000 Commissioners Appropriate Fund Balance $800,000 Transfers to Other Funds Transfer to Capital Projects $800,000 EXPLANATION: To establish project according to Capital Project Ordinance; to appropriate fund balance for transfer to Airports Improvements Capital Projects ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 8Estimated Time:Page Number: Department: County Manager Presenter: Belynda Bilbrough Contact: Andy Atkinson SUBJECT: Citizens for Conservation of the North End BRIEF SUMMARY: The Citizens for Conservation of the North End (NNCE) has specifically requested placement on the agenda for the opportunity to speak regarding specific private property owners' request and Federal environmental regulations. Please see the attached letter. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 9Estimated Time:Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell Item Does Not Require Review SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following Boards and Committees: Adult Care home Community Advisory Committee Industrial Facilities and Pollution Control Financing Authority Juvenile Crime Prevention Council/Criminal Justice Partnership Advisory Board Port, Waterway and Beach Commission RECOMMENDED MOTION AND REQUESTED ACTIONS: Make Appointments FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Make appointments. COMMISSIONERS' ACTIONS/COMMENTS: Adult Care Home Community Advisory Committee ? Coleman, Fletcher, and Hooker Industrial Facilities and Pollution Control ? May and Moskowitz JCPC/CJPP ? Juvenile Defense Attorney: Criner. Member of Business Community: Pezzuto Port Waterway and Beach Commission: Paul Woodbury. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 11Estimated Time:Page Number: Department: Planning Presenter: Baird Stewart Contact: Dexter Hayes Item Does Not Require Review SUBJECT: Case: (A-321, 0802) Subdivision Ordinance Text Amendments BRIEF SUMMARY: Last year major changes were proposed by the UDO Oversight Committee for the Subdivision Ordinances of the City and County. These changes have been incorporated into the County?s existing Ordinance which is attached. Following numerous meetings and several months of discussions and debates the Committee recommends the following changes be made to our Ordinance: · Blocks lengths changed from a maximum of 1400 to 1000 ft · Pedestrian Access at least 15? in width may be required · Buffer easements as much as 50? may be required · Easement Standards for drainage, water and sewer, and other utilities modified · Street Connectivity requirements added · Cul-de-sac lengths changed from 1000 to 500 ft · Stub streets and Temporary turnaround requirements modified · Sureties for Improvements capped at $100,000 after 25% of work completed · Monumentation requirements modified · Surface Water Drainage to comply with new Storm Water Management Ordinance · Recreation and Open Space Requirements added · Sidewalks required · Protection of Planned Thoroughfares changed from 12 to 24 months RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 12/05/02 At their regularly scheduled meeting on December 5, 2002 the Planning Board unanimously voted to approve the Subdivision Ordinance as recommended by the UDO Oversight Committee with two changes. 1) Based on current trends in planning and development which promote the use of alleys as a means of access, the Planning Board recommended changing the existing county subdivision ordinance to allow alleys by right rather than by exception. The UDO committee had not previously discussed alleys. 2) Based on concerns for small local builders being able to develop property in the county, the Planning Board recommended that the limit on sureties recommended by the UDO Committee should be increased from $100,000 maximum to $200,000 for guarantees of improvement. These recommendations were based on previous discussions at a work session held by the Planning Board in November. These changes can be accommodated by revising section 41 and 51 as shown below. Two people spoke during the public hearing. One local engineer commented on three sections of the ordinance. While the board did not make any additional changes to their recommendation they did ask for these comments to be considered in the presentation of the proposed subdivision amendments. Two of the three comments asked for clarification of language regarding drainage and utility easements to ensure the wording reflected the intent of the ordinance and was consistent with other ordinances and policies. Upon staff research and evaluation this language has been incorporated into the text. The third comment related to section 52-7 which requires half of the recreation area to be designated for active use and half of the recreation area to be designated for passive use. The presenter proposed that there should be more flexibility in this requirement, perhaps ranging between 40-60%. One member of the UDO Oversight Committee commented that he disagreed with the proposed change in the surety and reiterated that the committee had spent a significant amount of time discussing and evaluating the recreation space issue before determining the fifty-fifty ratio for active and passive areas. Section 41 Specific Requirements (1) Alleys Alleys are not permitted in residential districts except when the Planning Board determines special conditions warrant a secondary means of access. Design standards for alleys that are permitted shall be approved consistent with those recommended by the North Carolina Department of Transportation, Division of Highways. Section 51 Guarantees of Improvements (2) Except in the case of Minor Subdivisions, subdividers may provide a financial guarantee in lieu of constructing improvements if the total cost of the improvements and administration does not exceed $200,000. $100,000, and 25 percent or more of the total value of improvements within the subdivision have been installed. The surety limit stated in this section shall be adjusted annually, at the beginning of each calendar year or fiscal year, to compensate for construction costs, inflation, or other factors, in accordance with an appropriate established index, as approved by the City and County Attorney. FUNDING SOURCE: Will above action result in: Position(s) Modification Or Change Number of Positions: Explanation: N/A ATTACHMENTS: y UDO Sudivision 01070 A-321 UDO subdiv sCount (2) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Postponed until second meeting in March. Case: (A-321, 0802) Subdivision Ordinance Text Amendments Last year major changes were proposed by the UDO Oversight Committee for the Subdivision Ordinances of the City and County. These changes have been incorporated into the County?s existing Ordinance which is attached. Following numerous meetings and several months of discussions and debates the Committee recommends the following changes be made to our Ordinance: ·Blocks lengths changed from a maximum of 1400 to 1000 ft ·Pedestrian Access at least 15? in width may be required ·Buffer easements as much as 50? may be required ·Easement Standards for drainage, water and sewer, and other utilities modified ·Street Connectivity requirements added ·Cul-de-sac lengths changed from 1000 to 500 ft ·Stub streets and Temporary turnaround requirements modified ·Sureties for Improvements capped at $100,000 after 25% of work completed ·Monumentation requirements modified ·Surface Water Drainage to comply with new Storm Water Management Ordinance ·Recreation and Open Space Requirements added ·Sidewalks required ·Protection of Planned Thoroughfares changed from 12 to 24 months PLANNING BOARD RECOMMENDATION 12/05/02 At their regularly scheduled meeting on December 5, 2002 the Planning Board unanimously voted to approve the Subdivision Ordinance as recommended by the UDO Oversight Committee with two changes. 1) Based on current trends in planning and development which promote the use of alleys as a means of access, the Planning Board recommended changing the existing county subdivision ordinance to allow alleys by right rather than by exception. The UDO committee had not previously discussed alleys. 2) Based on concerns for small local builders being able to develop property in the county, the Planning Board recommended that the limit on sureties recommended by the UDO Committee should be increased from $100,000 maximum to $200,000 for guarantees of improvement. These recommendations were based on previous discussions at a work session held by the Planning Board in November. These changes can be accommodated by revising section 41 and 51 as shown below. Two people spoke during the public hearing. One local engineer commented on three sections of the ordinance. While the board did not make any additional changes to their recommendation they did ask for these comments to be considered in the presentation of the proposed subdivision amendments. Two of the three comments asked for clarification of language regarding drainage and utility easements to ensure the wording reflected the intent of the ordinance and was consistent with other ordinances and policies. Upon staff research and evaluation this language has been incorporated into the text. The third comment related to section 52-7 which requires half of the recreation area to be designated for active use and half of the recreation area to be designated for passive use. The presenter proposed that there should be more flexibility in this requirement, perhaps ranging between 40-60%. One member of the UDO Oversight Committee commented that he disagreed with the proposed change in the surety and reiterated that the committee had spent a significant amount of time discussing and evaluating the recreation space issue before determining the fifty-fifty ratio for active and passive areas. Section 41 Specific Requirements (1) Alleys Alleys are not permitted in residential districts except when the Planning Board determines special conditions warrant a secondary means of access. Design standards for alleys that are permitted shall be approved consistent with those recommended by the North Carolina Department of Transportation, Division of Highways. Section 51 Guarantees of Improvements (2) Except in the case of Minor Subdivisions, subdividers may provide a financial guarantee in lieu of constructing improvements if the total cost of the improvements and administration does not exceed $200,000. $100,000, and 25 percent or more of the total value of improvements within the subdivision have been installed. The surety limit stated in this section shall be adjusted annually, at the beginning of each calendar year or fiscal year, to compensate for construction costs, inflation, or other factors, in accordance with an appropriate established index, as approved by the City and County Attorney. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Regular Item #: 12Estimated Time:Page Number: Department: Planning Presenter: Barid Steward Contact: Dexter Hayes Item Does Not Require Review SUBJECT: A-324, 12/02 Request: Zoning & Subdivision Ordinance Text Amendment Request By : The New Hanover County Planning Board BRIEF SUMMARY: Following several subdivision appeals last spring the Board of Commissioners directed Staff to propose revisions to the Zoning Ordinance and the Subdivision Ordinance to address some of the problems relating to performance residential subdivisions. Although the Planning Board voted to modify the text changes that staff developed, on July 8, 2002 the Board of County Commissioners adopted changes to Section 102-4 of the Zoning Ordinance and Section 33 of the subdivision ordinance as they were proposed by staff. Since the adoption of the new regulations, concerns about the amendments have been raised by the Planning Board and some members of the development community. At a recent work session with the Planning Board, staff was directed to bring the same amendments forward for the Planning Board to reconsider. Attached are the amendments to section 102-4 of the Zoning Ordinance and Section 33 of the Subdivision Ordinance as presented to the Board of Commissioners at their July 8, 2002 meeting. The Planning Board Recommendations are highlighted. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 12/5/02 At their regularly scheduled meeting on December 5, 2002 the Planning Board voted 6-0 to make the same recommendation as they had previously made regarding the validity period for preliminary plans and how they may be revised. This recommendation would rescind the changes made by the Commissioners in July. The Planning Board Recommendations are highlighted. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: N/A ATTACHMENTS: A-324 Performance ResidentiA-324 summary (2) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Sent back to Planning Board. Will come back to Board as soon as they have reviewed and had an opportunity to recommend any further changes. Second meeting in March is the target. PERFORMANCE RESIDENTIAL & SUBDIVISION AMENDMENTS I. Major Site Plan Approval Procedures This amendment was adopted and no concerns have been presented to date II Validity Period for Preliminary Plan Approvals Question For what period of time should a Preliminary Plan be vested without having to seek re-approval? Background Under the existing rules of the County, Preliminary Plans are valid for 24 months or an indefinite period as long as work progresses on the project as evidenced by the recording of portions of the Plan within any 24- month period of time. Recently questions have arisen about the re-approvals of Subdivision that are no longer active or have lapsed longer than the 24-month time limit. Issues usually involve new development standards and whether these older projects should comply with the most current standards for approval. Proposal Add to Section 33 Final Plat the following wording (2) The subdivider shall submit a final plat for all or part of the approved preliminary plan within 24 months of the preliminary approval date. If a final plats or section thereof is are not submitted within this 24- month time limit, or if there is a lapse of more than 24 months in the submittal of any subsequent section, the plat must be resubmitted as a preliminary plan in accordance with this Ordinance. Otherwise, the preliminary plan approval shall become void unless an extension of time is applied for prior to the expiration of 24 months. (5/5/97) ? ? The Planning Board may grant extensions for an additional year not to exceed a total extension time of 24 months. THE PLANNING BOARD recommends no change for this Section. III Revisions for Performance Residential and High Density Projects Question Can revisions to Performance Residential and High Density Projects occur after portions of the project have been completed and sold? Background Recently several revisions to Performance Residential Projects have been submitted for approval by the Planning Board that has resulted in substantial changes to the originally approved plan. These changes have been contested by many of the residents as modifications to a development plan that is different than the project they initially purchased. These changes usually occur for larger projects that have been ongoing for a number of years and have outlived the market strategy that existed at the time of original approval. Under the Performance Residential rules remaining density can be recounted and allocated in other areas of the development. Even if the property is no longer owned by the developer. Proposal Amend Zoning Ordinance Section 102 ? Application for Building Permit by adding the following 102 ? 4 In addition to satisfying the foregoing requirements, applications for Performance Residential and High Density development shall include duplicate copies of a site plan meeting requirements of Section 69.2 of this Ordinance. The Chairperson of the Planning Board and any of its designated members shall meet with Planning Director and staff to review the plans as submitted. Upon review and consultation with the Board members and staff the chairperson of the Planning Board shall either approve or deny the preliminary plan. Meetings shall be scheduled every two weeks as necessary. Disapproval letters shall specify the reasons for disapproval. Conditional approvals may not be granted. Disapproved plans shall be returned to the applicant. Approved plans shall be forwarded to the Building Inspector to be processed under the requirements of Section 102. (3/22/82) (4/6/87)? ? Revisions for Performance Residential and High Density Development shall be reviewed the same as an original submittal in accordance with the site plan requirements. Such revisions shall be limited to those areas still owned by the developer. Density calculations shall not include land areas already platted and/or sold. THE PLANNING BOARD recommends approval with the exception of the last two sentences which should be deleted. A-324, 12/02 Request: Zoning & Subdivision Ordinance Text Amendment Request By : The New Hanover County Planning Board PLANNING BOARD RECOMMENDATION 12/5/02 At their regularly scheduled meeting on December 5, 2002 the Planning Board voted 6-0 to make the same recommendation as they had previously made regarding the validity period for preliminary plans and how they may be revised. This recommendation would rescind the changes made by the Commissioners in July. The Planning Board Recommendations are highlighted. SUMMARY Following several subdivision appeals last spring the Board of Commissioners directed Staff to propose revisions to the Zoning Ordinance and the Subdivision Ordinance to address some of the problems relating to performance residential subdivisions. Although the Planning Board voted to modify the text changes that staff developed, on July 8, 2002 the Board of County Commissioners adopted changes to Section 102-4 of the Zoning Ordinance and Section 33 of the subdivision ordinance as they were proposed by staff. Since the adoption of the new regulations, concerns about the amendments have been raised by the Planning Board and some members of the development community. At a recent work session with the Planning Board, staff was directed to bring the same amendments forward for the Planning Board to reconsider. Attached are the amendments to section 102-4 of the Zoning Ordinance and Section 33 of the Subdivision Ordinance as presented to the Board of Commissioners at their July 8, 2002 meeting. The Planning Board Recommendations are highlighted. {This page intentionally left blank} MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS Page No. Non-Agenda Items (limit 3 minutes) 1. Approval of Minutes 119 {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Water & Sewer Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell Item Does Not Require Review SUBJECT: Water and Sewer Agenda - Approval of Minutes BRIEF SUMMARY: Approve the minutes of the Regular Meeting held on February 3, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the 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 the minutes. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 123 2. Approval of Submittal of Application for NPDES Phase II Stormwater 125 Management 3. Approval of 03-04 Programmatic Goals 153 4. Approval of Resolution Proclaiming March 2003 ?Women?s History Month? 159 5. Approval of Renewal of Contract #97-0205 161 6. Approval of Airlie Gardens Cottage Renovations 163 7. Approval of Equipment Disposal Through Private Sale and Related Budget 165 Amendment #03-0126 8. Approval of Health Department Fee Policy for Child Safety Seats 169 9. Approval of Request to Deaccession Object from Museum Collection 173 10. Approval of Grant Conservation Easement for Wetland Restoration Project 177 11. Approval of Budget Amendment #03-0125 to Budget Proceeds from the Fall 185 Friends of the Library Book Sale 12. Approval of Grant Application for Library Services and Technology Act (LSTA) 187 Infrastructure Grant for Purchase and Installation of a New Server 13. Approval of EZ-LSTA Basic Equipment Grant to Purchase PC?s for the Main 189 Library for Internet Access 14. Approval of Library Advisory Board By-Laws 191 15. Approval of Advertisement of Tax Liens on Real Property 193 16. Approval of Release of Taxes Barred by G.S. 105-378 195 17. Approval of Release of Tax Value 197 18. Approval of New Hanover County and New Hanover County Fire District 199 Collection Reports Approval of Budget Amendments: 19.1 #03-0118 203 19.2 #03-0124 205 19.3 #2003-26 207 19.4 #2003-27 209 {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell Item Does Not Require Review SUBJECT: Consent Agenda - Approval of Minutes BRIEF SUMMARY: Approve minutes of the Regular Meeting held on February 3, 2003. 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. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 2Estimated Time:Page Number: Department: County Manager Presenter: David Weaver Contact: David Weaver SUBJECT: Submittal of Application for NPDES Phase II Stormwater Management BRIEF SUMMARY: The attached application by the County is mandated by the Federal and State governments as part of the National Pollutant Discharge Elimination System (NPDES Phase II). New Hanover County is required to submit the application by March 10 in compliance with temporary regulations adopted by the State on October 10, 2002. The County is required to submit this application because it owns and operates Municipal Separate Storm Sewer Systems (MS4s) primarily as part of the Parks system. The application also addresses other County programs. New Hanover County presently appears to exceed the minimum requirements of the NPDES Phase II requirements with existing County programs and regulations. Some additional work will be required, however, such as review and possible modifications of the County's drainage ordinance to comply with the regulations. It should also be noted that permanent regulations will be considered by the State later this year. RECOMMENDED MOTION AND REQUESTED ACTIONS: It is recommended that the County approve the attached application, which follows the mandated format, and delegate authority to the Assistant County Manager (David Weaver) for purposes of submitting the application and implementation of the permit. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: NPDES Stormwater Permit Application Form REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve as recommended above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 3Estimated Time:Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: 03-04 Programmatic Goals BRIEF SUMMARY: As recommended by the Government Finance Officers Association (GFOA) and the National Advisory on State and Local Budgeting, programmatic goals should be established to guide in the development of the budget. Attached are programmatic goals presented at the Budget Planning Session on January 9th. The Board originally adopted these goals on April 15, 2002 for fiscal year 2002-2003. Minor changes have been made to reflect the current status of projects or to incorporate programs such as the West Nile Virus and electronic monitoring of pretrial inmates. Upon adoption, the departments will be instructed to develop their own individual goals and performance measures based on the County's programmatic goals. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of FY 03-04 County programmatic goals. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Programmatic Goals - 03- REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve as recommended by the Budget Director. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. PROGRAMMATIC GOALS As recommended by the Government Finance Officers Association (GFOA), the National Advisory Council on State and Local Budgeting, the following programmatic goals have been designed to guide the development of the 20023-20034 budget. These goals have been developed to provide direction for County departments in their allocation of resources to areas the County Commissioners deem to be most important. All departments have been instructed that at all times, but especially during the current economic condition, that these goals are dependent on available financial and staffing resources. These goals are in no way a statement that the end will be achieved in a specific time period. I. To provide a safe community for all New Hanover County citizens: 1. Support the Juvenile Day Treatment Center in its continuing effort to address the needs of youth who have entered the juvenile justice system. 2. Review and implement new security procedures in addressing the safety needs of staff and the public using County facilities. 3. Work toward reducing the level of crime and improving the community security level. 4. Promote a responsive public safety communications center with employees that are highly skilled in responding to the emergency needs of citizens and the community at large. 5. Foster a team concept with the public safety agencies served by the Public Communications Center and enhance services provided to the public. 6. Provide safe water to the public by maintaining well and tower sites in accordance with State and Federal regulations and laws. 7. Work with North Carolina Department of Transportation and the City of Wilmington to provide alternative forms of transportation including transit, bicycle, and pedestrian facilities. 8. Provide safe public educational facilities for the children of New Hanover County by maintaining the established partnership with the schools and its officials in the deployment of school resource deputies. 9. Ensure the County?s ability to effectively handle bio-terrorism, hazardous materials threats, and natural disasters. 10. Provide a superior level of fire protection through acceptance of public educational grants, improved community fire protection rating, and development of a Fire Investigation Task Force focusing on arson related fires. 11. To promote programs such as electronic monitoring for pretrial inmates that provide for the needs of the County while reducing cost of services. II. To continue investing in electronic technology (Internet and Intranet) for the efficient facilitation of County business: 1. Enhance the County?s technology resources to provide greater public access, efficient internal operations, and improved electronic communication and payment system. 2. Continue expanding the use of the Internet and Geographic Information System (GIS) resources in disaster planning and response, mapping of water and sewer lines, epidemiological surveillance, and the orthophotography mapping project.by implementing a point based address procedure to support E911, Planning, Land Records, Inspections, and data exchange services and provide support services to initiatives involving sewer and water facilities mapping, disaster planning and response, and health programs. PROGRAMMATIC GOALS CONTINUED 3. Expand and enhance departmental web sites and the New Hanover County Television (NHC-TV) to ensure the public?s awareness of all services provided by County departments, as well as, keeping the public informed of decisions and/or policies made by County officials. 4.Increase departmental efficiency through the support of wireless communication systems (mobile data terminals, mobile officing) used in field operations by County employees. 5.Continue redesigning of County?s financial, human resources, and budgetary software packages; install a new tax system; and begin the redesign of the minority business directory and reporting system. 4. Initiate the use of video conferencing for first court appearances; install a new tax system, and plan and define system requirements for a countywide integrated telephone system. 5. Implement network software for the remote control of desktop computers. III. To protect the environment and the quality of life enjoyed by New Hanover County citizens: 1. Effectively plan for the orderly growth and development of the County by providing and reviewing annual updates on the implementation of the Wilmington-New Hanover County Coastal Management (CAMA) Land Use Plan. 2. Concentrate on the infrastructure and operational requirements of the Enterprise Funds. (The Water and Sewer and Environmental Management operations should meet the growth needs of the County.) 3. Provide for the protection of ground water and air quality by operating the landfill and Wastec in accordance with maximum achievable control technology and best management practices. 4. Address important environmental issues and encourage citizen input and involvement in issues such as storm water management, drainage, waste disposal, and water and sewer. 5. Continue exploring opportunities and/or options in efficiently and effectively reducing waste disposal costs. 6. Reduce litter and illegal trash dumping in the County through aggressive enforcement of anti-litter laws. IV. To ensure the health and welfare of all New Hanover County citizens: 1. Reduce the number of substandard housing units through rehabilitation programs and housing grants. 2. Support the Community Transportation Program in its efforts to provide low cost transportation services to and from medical appointments, congregate meals, employment, education, and social recreational sites. 3. Support the Health Department in their efforts to improve access to health care, increase preventive services, and reduce lifestyle related risks, and reduce outbreaks of infectious disease and other public health threats. 4. Provide social economic programs to assist citizens with basic subsistence needs. 5. Provide protective services to citizens of all ages with physical, social, and emotional problems. 6. Support the home-delivered and congregate meals programs in an effort to serve noon meals to the elderly and frail population of the County. PROGRAMMATIC GOALS CONTINUED 7. Enhance welfare reform by continuing to move clients toward self-sufficiency. 8. Maintain and expand health care coverage to eligible residents of the County in accordance with federal and state laws and program regulations. 9. To be proactive in the County?s efforts to control the West Nile Virus as well as, other vector borne illnesses. V. To ensure equality of all New Hanover County citizens: 1. Ensure accessibility to the County?s many facilities by ensuring County facilities adhere to the American Disabilities Act (ADA). 2. Prohibit discrimination in employment and housing by supporting the County?s Fair Employment and Housing ordinances. 3. Advocate and encourage cultural and ethnic diversity by working with community development organizations, business, government and educational institutions, which promote and support diversity. 4. Encourage broad public participation in government decision making, ensure public notification of significant changes, solicit responsible public input, and ensure government is inclusive of all racial and cultural groups. 5. Provide outreach library services to homebound individuals unable to use library facilities. 6. Create and support events, activities, and County services that encourage the interaction of all cultures and ethnic groups. 7. Support the efforts of minorities and women in participating in all aspects of the County?s construction and procurement programs. VI. To ensure and encourage prompt, courteous, and professional services from all County employees: 1. Support an annual market study analysis and competitive benefits program that will ensure market competitiveness in recruitment and retention of qualified employees. 2. Ensure satisfaction with County services by encouraging employees to respond to services and/or inquiries requested by the public, or by other County departments, in a prompt, courteous, and professional manner. 3. Maximize productivity and improve efficiency by providing appropriate training to employees. 4. Promote safety by providing routine maintenance and safety inspections of County facilities and equipment, as well as, offering safety training to all employees. 5. Ensure qualified and skilled personnel are recruited and hired for all job vacancies. VII. To provide for the recreational, educational, and cultural needs of the community: 1. Improve communication and planning efforts with the Board of Education concerning school funding. 2. Support the library needs of New Hanover County citizens through the Main Library and its branches. PROGRAMMATIC GOALS CONTINUED 3. Support the Cape Fear Museum in its effort to teach residents and visitors the history and science of the Cape Fear region. 4. Efficiently operate the numerous County parks and recreational facilities while providing safe, clean, hazard-free parks, trails and open space areas. 5. Continue to add new park facilities and improvements to existing parks as funding becomes available. 6. Incorporate the multi-year Capital Improvement Program as an integral part of the annual budget process. 7. Provide a variety of children and youth programs encouraging their imagination and intellectual growth, appreciation of arts and history, understanding of natural science, and development of healthy lifestyle issues. 8. Provide a comprehensive recreational, educational, volunteer, and health promotion program for senior adults. 9. Continue development of Airlie Gardens as a premier, world-class garden facility and environmental quality educational program. 10. Encourage participation and express appreciation to the many volunteers dedicated to helping their fellow citizens in the giving of their time and talents to various County programs. VIII. To ensure the financial stability and legal protection of the County: 1. Support a strong undesignated, unreserved fund balance of at least 16.7 percent of the total General Fund budget in an effort to maintain adequate reserves and the highest possible bond rating. 2. Maintain and improve the current bond rating with Moody?s and Standard and Poor?s. 3. Encourage all departments to closely monitor expenditures, aggressively collect revenue when due, seek alternate forms of revenue whenever possible, and periodically review operational and administrative costs. 4. Continue taking a proactive role in lobbying state officials to release local government reimbursements, endorse alternative revenue sources, and eliminate un-funded mandated programs. 5. Achieve a 98 percent collection rate of ad valorem taxes. 6. Minimize litigation against the County and maximize legal documents that ensure the County?s protection and legal well-being. 7. Enforce State and County code provisions and encourage uniformity and predictability in all permitting and regulatory policies and procedures. 8. Keep the tax rate as low as possible while providing the essential services to citizens of New Hanover County. 9.Establish a Continue risk management policy that will reduce to reduce uncertainties regarding potential losses to assets, maintain continuity of services to the public, and support the integrity of the budget. 10. Promote excellence in financial and budgetary reporting through continued qualification for the Certificate of Achievement for Excellence in Financial Reporting and the Government Finance Officers Association Distinguished Budget Preparation Award. 11. Provide accurate, efficient and complete tax information in locating, listing, and valuing of all personal and business property in the County. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 4Estimated Time:Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Ann Seymour SUBJECT: Resolution Proclaiming March 2003 "Women's History Month" in New Hanover County BRIEF SUMMARY: The New Hanover County Commission for Women respectfully requests that the New Hanover County Commissioners consider proclaiming March 2003 "Women's History Month". RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of resolution proclaiming March 2003 as "Women's History Month". FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Women'sHistoryMont REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend adoption of resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. RESOLUTION PROCLAIMING MARCH 2003 Women?s History Month In New Hanover County WHEREAS, in March 2001, the New Hanover Commission for Women unveiled the Women?s Work booklet, featuring local women in history in a whole variety of professions as diverse as politics, farming and media; and WHEREAS, in March 2002, the Commission held a workshop with New Hanover County School Staff to put together the lesson plan booklet and CD for use in history classes; and WHEREAS, on March 15, 2003, the Commission will hold an information fair entitled, ?Women Alive The purpose of the fair is to offer a variety of resources helpful to 2003: Health, Harmony, and Success.? women, including childcare, finance and health. The fair will be held from 10:00 a.m. to 5:00 p.m. at Westfield Shoppingtown Independence. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners proclaim March 2003 as ?Women?s History Month? in New Hanover County. ADOPTED this 17th day of February, 2003. __________________________ Ted Davis, Jr., Chairman ATTEST: _____________________________ Lucie F. Harrell, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 5Estimated Time:Page Number: Department: Emergency Management Presenter: Contact: Amy Akin, Purchasing Agent SUBJECT: Approval of Renewal of Contract # 97-0205 with Motorola as a sole source covering the purchase, delivery, and installation of 800 MHz radio equipment on an as needed basis. BRIEF SUMMARY: In May 1997 the County went through the formal bidding process to establish a term contract, contract #97-0205, for the purchase of 800 MHz radios on an as needed basis. This was before the current sole source provision was enacted in the General Statutes. This contract established pricing at a percentage discount off manufacturer's suggested retail price. Therefore, if the prices decreased during the contract, the County's price would also decrease. Staff is recommending renewal of the existing contract # 97-0205 through the sole source provision in General Statutes. Contract provisions will remain the same except the pricing component will be updated with a current pricing proposal from Motorola. The establishment of this contract does not require any purchases. It is a term contract for the County's use when and if radio purchases are needed. This renewal will extend the contract through December 31, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of resolution approving renewal of contract # 97-0205 through the sole source provision in general statutes. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: The establishment of this contract does not require any purchases at this time. ATTACHMENTS: The resolution is attached. p 97-0205.w The contract draft will be available in the County Manager's Office. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve as recommended above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the radio equipment to be used with the Motorola SmartNet 800 MHZ trunking radio system used by the County is unique to and can only be obtained from Motorola, Inc.; AND WHEREAS, General Statute 143-129(f) allows an exemption from formal bidding for purchase contracts when a needed product is available from only one source of supply; AND WHEREAS, the staff established a term contract with Motorola, Inc., contract # 97-0205, as a convenience contract for the County to be available to the County as needed to purchase radios; AND WHEREAS, contract # 97-0205 was renewed in April 1999, April 2001, and February 2002 upon the same terms and conditions except the pricing component was updated and now it is time for the contract to be renewed again; AND WHEREAS, the renewal of contract # 97-0205 does not require any purchases; it is a term contract for the Countys use when and if radio purchases are needed; = AND WHEREAS, many state and local entities are on similar term contracts with Motorola, Motorola requires all contracts to be on a calendar year; AND WHEREAS, contract provisions of contract # 97-0205 would remain the same except the pricing component would be updated with a current pricing proposal from Motorola and the term would extend through December 31, 2003; AND WHEREAS, the Emergency Management Director, the Finance Director, and the County Manager recommend that the contract be renewed with Motorola, Inc., the sole source for this equipment; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract # 97-0205 for radio equipment, is renewed and awarded to Motorola, Inc.; and that the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 17th day of February, 2003. (SEAL) _______________________________________ Chairman, Board of County Commissioners ATTEST: _________________________________ Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 6Estimated Time:Page Number: Department: Engineering Presenter: Allen O'Neal Contact: Max Maxwell SUBJECT: Airlie Gardens Cottage Renovations BRIEF SUMMARY: On January 24th, 2003, staff received informal bids for the renovations to the Airlie Gardens cottage. The renovations are to accommodate new offices for the Airlie Gardens staff. The renovations are also designed to provide meeting space that will bring in rental revenue. The apparent low bidder for this project was NRL Inc. Builders with a bid amount of $83,082, which includes the base bid and alternate #1. This project is in the budget and below the $100,000 threshold that requires Board approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acknowledgement of project and contract. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: 305-495-3050-7300-6000 (Airlie Gardens Capital Improvements Budget) ATTACHMENTS: Airlie Gardens Cottage Ren REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend acknowledgement of project and contract. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Commissioner Boseman voted against. Airlie Gardens Cottage Renovations Bid Opening 2:00 p.m. on 1/23/03 ContractorBase Bid Alternate #1 NRL Builders, Inc $78,938.00 $4,144.00 Lee. F. Cowper Inc. $95,588.00 $2,100.00 Cartier and Worthley $93,280.00 $1,700.00 Lumina Builders $107,210.00 $3,342.00 Bradley and Barnes $99,915.00 $2,829.00 Paragon Builders $95,000.00 $1,900.00 All Span Builders No Bid No Bid Selz Inc. No Bid No Bid NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 7Estimated Time:Page Number: Department: Fire Services Presenter: Contact: Amy Akin, Purchasing Agent SUBJECT: Disposal through private sale of a 1977 Ford Pierce Pumper to Old Dock/Cypress Creek Volunteer Fire Department for $2,000. BRIEF SUMMARY: New Hanover County Fire Department Station 51 has a pumper truck that is not being used and is considered surplus. The Fire Chief has been looking for an agency that could utilize the equipment. The Old Dock/Cypress Creek Volunteer Fire Department is in need of such equipment and has offered the County $2,000 to purchase the unit. The pumper truck is a 1977 Ford Pierce Pumper, Vehicle identification number D80DVY92229. Pursuant to G.S. 160A-267, the County can dispose of this unit through a private sale. Budget amendment # 03-0126 is attached for approval and budgets the proceeds of the sale. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the attached resolution which approves the sale, approves budget amendment # 03-0126, and directs the County staff to process any required documents to consummate the transaction. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: The above transaction will result in a receipt of revenue. ATTACHMENTS: The resolution and budget amendment # 03-0126 are attached. resolution for sale of 1979 FordBA #03-0126.w REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve as recommended above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the New Hanover County Fire District has a surplus 1977 Ford Pierce Pumper located at the New Hanover County Fire Department Station # 51, Vehicle Identification # D80DVY92229; AND WHEREAS, the Old Dock/Cypress Creek Volunteer Fire Department has offered to purchase the surplus unit for two thousand dollars ($2,000.00); AND WHEREAS, a budget amendment # 03-0126 has been prepared to provide for proper accounting of the transaction and is submitted for approval; AND WHEREAS, the County Manager, the Finance Director, and the County Fire Chief recommend approval of the sale; AND WHEREAS, pursuant to General Statute 160A-267, the County Board of Commissioners is authorized to approve such sale; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the surplus 1977 Ford Pierce Pumper be sold to the Old Dock/Cypress Creek Volunteer Fire Department through a private saletwo thousand dollars ($2,000.00) pursuant to G.S. 160A-267 for and budget amendment # 03-0126 budgeting the approved and that the County staff is directed to process any required documents to consummate proceeds from the sale is the transaction. This 17th day of February, 2003. (SEAL) _______________________________________ Chairman, Board of County Commissioners ATTEST: _________________________________ Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Budget Amendment DEPARTMENT: Special Fire Services District BUDGET AMENDMENT #: 03-0126 ADJUSTMENT DEBIT CREDIT Other $2,000 Motor Vehicle Purchases $2,000 EXPLANATION: To budget proceeds from sale of a 1979 Ford Pierce Pumper. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 8Estimated Time:Page Number: Department: Health Presenter: Geoffrey Zuckerman, Health Educator Contact: Geoffrey Zuckerman, Health Educator 343-6636 SUBJECT: New Hanover County Health Department Fee Policy For Child Safety Seats BRIEF SUMMARY: The Board of Health approved the implementation of a fee for Child Safety Seats (CSS) distributed through the Health Department's Risk Reduction/Injury Prevention Program. A grant from the NC SAFE KIDS and the N.C. Governor's Highway Safety Program has enabled the Health Department Injury Prevention Program to purchase Child Safety Seats and to give these to eligible New Hanover County residents. In order to provide a CSS to more children, we are implementing a $10 co-pay to each recipient. To qualify, the parent and child must be on at least one type of public assistance (Medicaid, WIC, Health Choice, Work First, Food Stamps, etc.). To qualify for receiving the seat at cost ($40), the child must be on at least some type of public assistance, and the parent must not be on any type of assistance. Implementation of the new fees will result in earned revenue to purchase additional Child Safety Seats to serve more children. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve new fees FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 3 pages (Eligibility Requirements for Securing Car Seats and a Child Safety Seat (Car Seat) Application Form) REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve new fee structure as requested by the Board of Health. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 9Estimated Time:Page Number: Department: Museum Presenter: Ruth Haas Contact: Ruth Haas SUBJECT: Request to Deaccession Object from Museum Collection BRIEF SUMMARY: The WWII German J-Feder 504 Long Delay Igniter was previously accessioned into the Museum collection as a donation, "obtained...from a fellow soldier." Recent information documents the object as belonging to R. Theodore Davis, Sr. The family remembers making the loan to the Museum and requests its return. The Museum is obliged to recommend that the object be returned. The recommendation to return the artifact was endorsed by the Collections Committee, and was further recommended for deaccession by the Board of Trustees at their regular meeting, Thursday, January 9, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Resolve that Cape Fear Museum deaccess the WWII German J-Feder 504 Long Delay Igniter, and that said object be returned to Mr. R. Theodore Davis, Sr. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Letter from R. Theodore Davis, Jr., signed Deaccession/Disposition form, Cape Fear Museum Object Record. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: As recommended above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 10Estimated Time:Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Approval of granting conservation easement option to the NC Wetlands Restoration Program (WRP) to implement three Best Management Practice (BMP) projects identified by the Local Watershed Planning Initiative. BRIEF SUMMARY: Since September 2000, the Local Watershed Planning Group has participated in an initiative to improve water quality, protect habitat, reduce flood damages, and guide growth and development in the Prince George and Upper Smith Creek watersheds. The group has developed a plan that identifies specific BMP?s to accomplish these tasks. The final design will be presented to the Board of Commissioners at a later meeting. The BMP?s identified through the planning process include stream bank stabilization and stream restoration for three sections of streams bordered by properties owned, in part, by New Hanover County. The project properties include the streamside sections of a parcel behind Laney High School, a Parcel near the Juvenile detention facility and the parcels on Candlewood Road that the County purchased through the Hazard Mitigation Grant Program. Stream restoration and stabilization in these areas should reduce erosion while preserving habitat along the stream?s banks. The projects should aid in controlling flooding during extreme rain events by holding larger volumes of water in an expanded floodway. Flooding has been a concern in this area as evidenced by the damage caused to the houses on Candlewood from Hurricane Floyd. Water quality in the creeks also should improve as a result of vegetative plantings in the floodway and increased filtering of stormwater runoff. Staff have reviewed these plans and see no conflict with County uses for these properties. The Wetlands Restoration Program requests no funding to implement these BMP?s and wishes to have the option to exercise these conservation easements as funding becomes available through their organization or other organizations.The easements are required before resources are expended by the WRP for final design. RECOMMENDED MOTION AND REQUESTED ACTIONS: Sign the attached Conservation Easement Option Agreement granting the Wetlands Restoration Program the option to acquire the easements required for the BMP?s. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: genda easement agreemgenda easement agreem comm acomm a (2) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor William G. Ross Jr., Secretary November 6, 2002 Allen O?Neal, County Manager New Hanover County 320 Chestnut Street Wilmington, NC 28401 Dear Mr. O?Neal: I am writing to you on behalf of the New Hanover County Local Watershed Planning Group (comprised of members listed on the attached page) and the NC Wetlands Restoration Program (a nonregulatory program in the NC Department of Environment and Natural Resources) regarding the County?s property located immediately behind Laney High School, FEMA buy out properties along Candlewood Drive, and property surrounding the new Juvenile Detention Center within New Hanover County. The Wetlands Restoration Program, with the local Planning Group?s assistance, has been conducting a study of a watershed, which includes these properties and other portions of New Hanover County up to the Northeast Cape Fear River (see attached watershed map). By watershed we refer to the land that surrounds and drains to the creeks in that community, and in particular areas that surround Burnt Mill Creek, Smith Creek and Prince George Creek. The purpose of this project has been to identify the causes of water quality problems, flooding, and wildlife habitat concerns which are specific to various communities and the watershed. Since the study has been complete, the Planning Group has been working with the Wetlands Restoration Program to identify projects which can work to address the identified concerns. Three of these potential projects are located on County owned properties. Laney High School More specifically, field staff of the Wetlands Restoration Program believe the property immediately behind Laney High School within the headwater reaches of Upper Smith Creek could provide an excellent opportunity for a meaningful headwater stream restoration project. Wetlands Restoration Program staff are currently working with the New Hanover County Board of Education on securing the Laney High School corridor of the creek and other landowners surrounding the creek corridor. This project could significantly improve water quality within this portion of the creek and in other down steam portions of Smith Creek having both sediment and nutrient removal benefits. This project could also potentially alleviate some flooding pressure, as the restoration procedure would provide additional floodplain and stream length above what currently exists. The Wetlands Restoration Program is primarily interested in 50 feet of the stream buffer along this portion of the creek, measured from the top of the streambank, inward onto your property. Candlewood Properties Just down the stream from the County?s property behind Laney High School, another portion of Smith Creek which abuts property purchased by the County (through Federal Emergency Management Act [FEMA] resources) is viable for a stream stabilization and wetland restoration project. One phase of this potential project effort would entail streambank stabilization through vegetating the buffer along the creek with native, noninvasive vegetation species. The other phase, which could have significant bearing on water quality and pollutant removal within the Smith Creek watershed would be a riparian wetland restoration project. This project could encompass all of the New Hanover FEMA buy-out properties after demolition of the existing house structures has been completed. Restoration of this site would include activities such as the removal of some of the fill previously placed in the floodplain/wetland, regarding the site to proper elevations and replanting of the site with native vegetation. The Wetlands Restoration Program has had the opportunity to work closely with other local governments including the City of Charlotte and the Town of Windsor to restore wetlands, streams and riparian buffers on FEMA buy out properties. Because the best and most appropriate use for these properties is for them to be managed as floodplain, restoration activities fit nicely on these sites to maximize watershed, water quality and flood water retention functions of the natural floodplain. Juvenile Detention Center Finally, portions of the property surrounding the new Juvenile Detention Center, within the same Upper Smith Creek watershed area, may have enhancement or preservation potential. The WRP staff is currently reviewing this potential with the co-operation of County personnel. Early field evaluations suggest the possibility of improving on-site wetlands and dealing with the stormwater from the impervious surface runoff. This potential project site location has to potential to improve and protect watershed functions within the Upper Smith Creek watershed, and would compliment other stream restoration efforts within the headwater reaches of Smith Creek the Wetlands Restoration Program is currently pursuing. For these opportunities to be realized and to begin moving forward with these project opportunities, the Wetlands Restoration Program requests that the County consider signing Conservation Easement Option Agreements (attached) confirming that the New Hanover County would be interested in granting the State of North Carolina permanent conservation easements within these areas. We ask that you consider the request for your participation at the three County owned properties described simultaneously, to avoid multiple requests and to answer any questions you may have up front. We are aware that County utilities exist along the Smith Creek stream corridor on Laney High School property and along the County owned property. Projects implemented by the Wetlands Restoration Program would not affect the existing utilities, but the Wetlands Restoration Program staff would like the opportunity to coordinate with appropriate County staff to develop a cooperative agreement about how the areas surrounding the utilities easement will be maintained. The reason our program asks that the Option Agreements be signed first, is to gain commitment from landowners in advance of expending resources for project design. Project design alone can fall on the order of thousands of dollars, which could be wasted without up front landowner support and commitment. Until project design occurs (on paper), a survey for the exact area of the conservation easement needed cannot be executed. The main area of our focus would be the buffer portion of Upper Smith Creek. As mentioned, the Wetlands Restoration Program is a voluntary, nonregulatory program, and we would work with appropriate County staff to get agreement and input on prospective project designs far in advance of any implementation efforts. Thus, upon signing the Conservation Easement Option Agreement, we would ask that the County appoint a representative or designated representatives for the Wetlands Restoration Program to work with locally. The Wetlands Restoration Program, along with the local Planning Group feel that the proposed projects described could contribute significantly to the improvement of Smith Creek and Burnt Mill Creek, a federally listed 303(d), severely degraded stream. The NC Wetlands Restoration Program is a ?one stop shop? for project implementation and can provide project permitting, design, implementation, and long term monitoring and management for both proposed project sites. We are very interested in your feedback and support regarding the attached Conservation Easement Option Agreement. With your support, we hope to initiate project design for these efforts as soon as possible. If you have any questions about the proposed projects or Option Agreement document, please feel free to contact me directly, at (919) 733-5315. Thank you in advance and hope to have the opportunity to work with you and the County on these projects. Sincerely, Bonnie Duncan Asst. Planning Coordinator NC Wetlands Restoration Program STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER CONSERVATION EASEMENT Option Agreement SPO File Number THIS OPTION AGREEMENT, hereinafter referred to as Option, made and entered into this ____ day of _______, 2003, by and between New Hanover County, hereinafter referred to as the Grantor, and the State of North Carolina, a body politic and corporate, and its successors and assigns, hereinafter referred to as the State. WITNESSETH In consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, and of the agreements contained in this Option, Grantor hereby grants to the State, and its successors and assigns, the exclusive right and option to receive a conservation easement, on that certain tract or parcel of land, located in New Hanover County, North Carolina, containing _____ acres, more or less, and which is more particularly described as follows: The property is further described in a deed from ________________ to ______________, recorded in Deed Book ___________, Page _________, _________ County Registry. The following terms, provisions, and conditions are further agreed to: 1.OPTION PERIOD. This option shall remain in effect from the date that this Option has been executed by the Grantor until the ___ day of _________, 2003. This Option shall be exercised upon posting, by certified mail, a written notice to the Grantor at the following address _________________________________________. Exercise shall be deemed timely if such written notice is mailed on or before the date first set forth in this paragraph. PURCHASE PRICE. This conservation easement is being donated by the Grantor. 2. 3.EXECUTION. Execution of the conservation easement under this Option shall be held within ____ days of the exercise of this Option. 4.SUBJECT TO SURVEY AND DESIGN. It is understood and intended that the final conservation easement area covered under this option is subject to final design and survey with the costs of said design and survey paid by the State. 5.DOCUMENTS FOR CLOSING. The Grantor shall execute and deliver at closing a conservation easement, any owner?s affidavits or documents required by a title insurance company to remove the standard title policy exceptions, and any other documents necessary to close in accordance with the terms of this Option. These documents will be prepared at the expense of the State. 6.MISCELLANEOUS CLOSING EXPENSES. The State will pay charges due upon execution of conservation easement to the State. The State will pay recording fees. 7.CONDITION OF PROPERTY/ RISK OF LOSS. The Grantor shall not transfer or encumber any interests in the Property prior to closing. The Grantor shall keep the Property in its current condition until closing and shall prevent and refrain from any use of the Property, for any purpose or in any manner, that would diminish its value or adversely affect the State?s intended use of the Property. In the event of any adverse change in the condition of the Property, whether said change is caused by Grantor or by forces beyond Grantor?s control, the State may elect to a) refuse to accept the property; b) accept the Property, or a portion thereof. 8.RIGHT OF ENTRY AND INSPECTION. The State and its agents shall have the right to enter upon the Property at reasonable times for surveying, conducting environmental inspections and assessments to detect hazardous or toxic substances, and other reasonable purposes related to this transaction. Based upon the results of the environmental inspections and assessments, or upon other conditions revealed to be unsuitable to the State, the State may elect to refuse to accept the Property. 9.REMEDIES. In addition to any other remedy specifically set forth in this Option, the State has the right to enforce the provisions of this Option through an action for specific performance, injunctive relief, damages, contribution or any other available proceedings in law or equity. The election of any one remedy available under this Option shall not constitute a waiver of any other available remedies. 10.BINDING EFFECT. This Option becomes effective when signed by the Grantor and shall then apply to and bind the Grantor and Grantor?s heirs, executors, administrators, successors, and assigns. 11.COMPLETE AGREEMENT. This Option constitutes the sole and complete agreement between the parties and cannot be changed except by written agreement. No representation or promise not included in this Option shall be binding upon the parties. 12.NO WAIVER. No provision of the Option shall be deemed amended or waived unless such amendment or waiver is set forth in a writing signed by the State. No act or failure to act by the State shall be deemed a waiver of its rights hereunder, and no waiver in any one circumstance or of any one provision shall be deemed a waiver in other circumstances or of other provisions. 13.ASSIGNMENT. The State has the right to assign this Option. In the event of such assignment, the assignee will have all the rights, powers, privileges and duties held by the State pursuant to this Option. IN TESTIMONY THEREOF, the parties have hereunto set their hands and seals, or if corporate have caused this instrument to be executed in their corporate names by their duly authorized representatives as of the dates indicated below. Grantor By:_________________________________ Social Security #: _____________________ -or- Federal Tax ID #: _____________________ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, ________________________, a Notary Public in and for the County and State aforesaid, do hereby certify that ___________________________________________, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and Notary Seal this ______ day of ___________________, 20 __. ____________________________ Notary Public My Commission Expires: ____________________________ {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 11Estimated Time:Page Number: Department: Library Presenter: Contact: David Paynter SUBJECT: Approval of Budget Amendment #03-0125 to Budget Proceeds from the Fall Friends of the Library Book Sale BRIEF SUMMARY: The New Hanover County Public Library received $11,597 from the fall Friends of the Library Book Sale, a fundraiser for the Library. We request that proceeds from the sale to be budgeted for Library materials (books and periodicals) for adults and children. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend proceeds from the sale be budgeted for Library materials and approval of budget amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: BA #03-0125.w REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve budget amendment in order for the proceeds to be used to purchase library materials. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Budget Amendment DEPARTMENT: Library BUDGET AMENDMENT #: 03-0125 ADJUSTMENT DEBIT CREDIT Contributions $11,598 Partnership For Children: $3,000 Books & Periodicals Books & Periodicals $8,598 EXPLANATION: To budget proceeds from Friends of the Library fall sale. Proceeds will be used to purchase library materials for adults and children. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 12Estimated Time:Page Number: Department: Library Presenter: Contact: David M. Paynter SUBJECT: LSTA Infrastructure Grant BRIEF SUMMARY: Request approval to apply for an Infrastructure Grant from Library Services and Technology Act (LSTA) funds. The IT department recommends that the Library install a new server to protect County applications from viruses which can be downloaded from infected websites. In addition, IT recommends that branch libraries use Time Warner for internet connection instead of Bellsouth, for a savings of approximately $2,000 per year. The cost of the project will not exceed $45,000. The new server will be funded via Library Services and Technology Act funds, which requires a 25% local match. The savings from the change in internet service provider will be used toward the local match. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve grant application and accept grant and approve related budget amendment is grant is approved. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Library Services and Technology Act funds - 75% New Hanover County - 25%. Budget Department recommends that the match be absorbed in the Library and IT FY03-04 Budget. ATTACHMENTS: A complete application will be submitted later, once IT has received information from various technology providers. REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: As recommended above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 13Estimated Time:Page Number: Department: Library Presenter: Contact: David M. Paynter SUBJECT: EZ-LSTA Basic Equipment Grant BRIEF SUMMARY: Request approval to apply for an EZ Basic Equipment Grant from Library Services and Technology Act (LSTA) funds. The grant will be used to provide 14 PC's for use by the public at the Main library for accessing the Internet and library electronic resources. The grant is for $15,169.76. County match from library supplies budget will be $2,677.02. A copy of the grant application is available in the County Manager's office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve application and if awarded, subsequent budget amendments. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Local match is in current library budget. ATTACHMENTS: The grant application is on file in the County Manager's office. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: As recommended above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 14Estimated Time:Page Number: Department: Library Presenter: Contact: David M. Paynter SUBJECT: Library Advisory Board By-Laws BRIEF SUMMARY: Recommend a change to the month that the Library Advisory Board is elected, from August to September. This will result in officers being elected after the appointment of new board members by the County Commissioners in August. RECOMMENDED MOTION AND REQUESTED ACTIONS: ARTICLE III-OFFICERS New: SECTION 2. Officers shall be elected at the regular meeting of the Board in the month of September, and shall serve a term of one year. Old: SECTION 2. Officers shall be elected at the regular meeting of the Board in the month of June, take office in August, and shall serve a term of one year. 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: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 15Estimated Time:Page Number: Department: TAX Presenter: None Required Contact: Patricia Raynor Item Does Not Require Review SUBJECT: Advertisement of Tax Liens on Real Property BRIEF SUMMARY: See attachment. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve advertisement of tax liens to be published in the Wilmington Morning Star on April 2, 2003 for all delinquent 2002 real estate accounts not paid by 5:00 PM on March 24, 2003. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 2002adv.wpd ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: As recommended above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. COMMENTS BY: LGL: COMMENTS BY: FIN: COMMENTS BY: BUD: COMMENTS BY: HR: TO: Allen O'Neal County Manager FROM: Patricia J. Raynor Collector of Revenue SUBJECT: Advertisement of Tax Liens on Real Property DATE: February 5, 2003 In accordance with G.S. 105-369, this is to advise the Board of the unpaid real estate taxes for 2002. The outstanding amounts, as of January 31, 2003, are: Governing Jurisdiction Delinquent Taxes New Hanover County $ 6,638,129.82 New Hanover Co. Fire District 156,640.08 City of Wilmington 2,445,668.35 Town of Wrightsville Beach 79,906.49 Town of Carolina Beach 246,034.49 Town of Kure Beach 50,544.70 Total - All Jurisdictions $ 9,616,923.93 It is necessary that the Board order the advertisement of the tax liens. I recommend that the advertisement be published on April 2, 2003 in the Wilmington Morning Star. All 2002 real estate accounts not paid by 5:00 p.m. on Monday, March 24, will be advertised. I request this item be placed on the agenda for the County Commissioners' meeting of February 17, 2003. PJR:sw Copy: B. Glasgow NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 16Estimated Time:Page Number: Department: TAX Presenter: None Required Contact: Patricia Raynor Item Does Not Require Review SUBJECT: Release of Taxes Barred by G.S. 105-378 BRIEF SUMMARY: See Attachment RECOMMENDED MOTION AND REQUESTED ACTIONS: Release charges for 1992. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: reltenyr.wp ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Release charges for 1992. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. COMMENTS BY: LGL: COMMENTS BY: FIN: COMMENTS BY: BUD: COMMENTS BY: HR: TO: Allen O'Neal County Manager FROM: Patricia J. Raynor Collector of Revenue SUBJECT: Release of taxes Barred by G.S. 105-378 DATE: February 5, 2003 As the above referenced statute does not allow force collection of any taxes after ten years from the date due, request the following 1992 charges be released: New Hanover County $ 193,580.09 Fire District 3,411.37 City of Wilmington 59,389.16 City of Wilmington License Tax 11,749.36 Wrightsville Beach 3,619.90 Carolina Beach 5,431.29 Kure Beach 497.02 Total $ 277,678.19 These uncollected amounts are .43% of the combined tax levies for the County and the municipalities charged in 1992 in the amount of $63,746,888.90. A total of 431 accounts amount to $100.00 or more. I request this item be placed on the consent agenda for the County Commissioners' meeting of February 17, 2003, as the Commissioners have approved these releases in the past. PJR:sw Copy: B. Glasgow B. Shell B. McAbee A. Surratt F. Jones N. Troutman C. Peck, Jr. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 17Estimated 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 late list penalties be released as this was the taxpayer's first offense or the taxpayer certified they mailed their listing during the regular listing period: Franklin, Samuel C. Louise $ 103.99 Herbs BP 13.57 Holland, Thomas Christopher 10.58 John Boles Electrical 86.08 Kirchner, Donald E. 9.78 Mandal Plastic Surgery 23.20 Marks, Richard C. Bernadette F. 12.84 Rayms Rib Chicken & Bar B Que 87.00 Recoulley, Monty R & Y LLC 236.06 Thorburn, Linda A. 15.21 Thornton, William J. 492.68 Weatherspoon, Van L. 6.18 Request the following taxpayers be granted the Senior Citizen/Disability Exclusion (applications and letters explaining late filing available upon request): Brown, Garland L. 87,777 Bynon, Elsie, A. 46,946 Gregory, Mildred L. 27,082 McCartney, Betsy R. 37,527 Nash, Charles E. Jr. Doris L. 40,416 Philip, Roy 37,430 Tobey, Alice Katherine 1,050 Request approval of the following delinquent application for exemption from property tax for the following organization: (applications and letter explaining late filing available upon request) Louise W. Cameron Art Museum R05405-017-006-001; R05405-017-007-000 R05405-017-006-000 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: Recommend approval as per the Tax Administrator. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Consent Item #: 18Estimated 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: Collection reports as of January 31, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of these reports. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 2 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve reports. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Budget Amendment Consent Item #: 19.1Estimated Time:Page Number: DEPARTMENT: Juvenile Justice Delinquency Program BUDGET AMENDMENT #: 03-0118 ADJUSTMENT DEBIT CREDIT Juvenile Justice Del. Program $7,503 In-Home Therapy $22,497 Teen Court $30,000 EXPLANATION: To adjust budget for reduction in funding for the In-Home Therapy Program provided by Southeastern Mental Health and an increase in funding for the Teen Court provided by the Community Mediation Center. The net increase in funding is $7,503. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Budget Amendment Consent Item #: 19.2Estimated Time:Page Number: DEPARTMENT: Social Services- Crisis Intervention Program BUDGET AMENDMENT #: 03-0124 ADJUSTMENT DEBIT CREDIT DSS Administrative Grants $83,849 DSS Assistance Payments $83,849 EXPLANATION: To budget additional State dollars for the Crisis Prevention Program. No additional County dollars are required. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Budget Amendment Consent Item #: 19.3Estimated Time:Page Number: DEPARTMENT: Controlled Substance Tax BUDGET AMENDMENT #: 2003-26 ADJUSTMENT DEBIT CREDIT Controlled Substance Tax $9,914 Capital Project Expense $9,914 EXPLANATION: To increase budget for additional revenue received 12/19/02 and 2/3/03. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Budget Amendment Consent Item #: 19.4Estimated Time:Page Number: DEPARTMENT: Federal Forfeited Property BUDGET AMENDMENT #: 2003-27 ADJUSTMENT DEBIT CREDIT Federally Forfeited Property $17,661 Capital Project Expense $17,661 EXPLANATION: To increase budget for additional revenue received on 12/3/02, 12/23/02, 1/8/03, and 1/21/03. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement purposes as the Sheriff deems necessary. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Additional Item #: 1Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey. Sheriff SUBJECT: Request to apply for Project Safe Neighborhoods 2003 Grant from the NC Governor's Crime Commission BRIEF SUMMARY: Solicitations are open to eligible applicants in the following four selected Project Safe Neighborhood sites in the Eastern District: Cumberland County, New Hanover County, Pitt County, and Wake County. The grant notification was received by the Sheriff's Office on February 11, and the completed application must be submitted to the Governor's Crime Commission by February 28, 2003. The grant provides resources to implement a multifaceted, innovative approach to reducing gun violence in our neighborhoods and schools as follows: provide metal detectors in the schools; allow our Crime Prevention Unit to enhance its focus on going out into the community to organizations and to public events to promote gun safety and gun violence reduction; and purchase additional forensic ballistic tanks, which would expand our ability to test and check weapons involved in crimes. Grant-funded equipment and educational supplies include: ballistic bullet traps, metal detectors, handheld wand metal detectors, computers, audio visual equipment, hearing and eye protection, and handouts. The grant provides funds for participating Crime Prevention and School Resource Officers to receive training on gun violence reduction. After the grant period ends, the Sheriff's Office will assume the costs of continuing the programs through its budget. The project covers existing programs within the department, and this grant will enable the Sheriff's Office to enhance and expand these programs. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the Sheriff's Office request to submit a 2003 Grant Pre-application for the Governor's Crime Commission/Project Safe Neighborhoods Project and associated budget amendment if the grant is awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: FY02-03 $92,283.47 Federal Funds, no County match requirement. FY03-04 $27,723.47 Federal Funds, no County match requirement. ATTACHMENTS: The 2003 Project Safe Neighborhoods Grant Pre-Application is available for review in the County Manager's Office. REVIEWED BY: LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/17/03 Additional Item #: 2Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: Consideration of a Resolution Authorizing the County Finance Director to Declare Surplus Any County Personal Property Valued at Less Than $5,000. BRIEF SUMMARY: RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Finance.wp REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, General Statute 160A-266(c) authorizes the Board of County Commissioners to adopt regulations setting procedures for disposal of personal property valued at less than five thousand dollars ($5,000.00) for any one item or group of items; and AND WHEREAS, the County has an existing disposal procedure authorized by the Board of County Commissioners allowing for disposal by the Finance Director of personal property valued at less than one thousand dollars ($1,000.00) for any one item or group of items; AND WHEREAS, the adoption such regulations to increase the limit to less than five thousand dollars ($5,000.00) can provide for more efficient and economical disposal of such personal property; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The County Finance Director is authorized to declare surplus any County personal property valued at less than five thousand dollars ($5,000.00) for any one item or group of items, to set its fair market value, and to convey title to the property for the County in accordance with the procedures established in this resolution; and 2. The County Finance Director may select the method of disposal of such personal property that, in his judgement, represents the most efficient and economical procedure for disposal of said property. The method of disposal selected by the County Finance Director may, but need not, provide for published notice, and may provide for either public or private exchanges or sales; and 3. The County Finance Director shall, on the first day of February of each year, report in writing to the Board of Commissioners on any property disposed of, under the authority granted by this resolution, from July 1 through December 31 of the previous year, and shall on the first day of August of each year report in writing to the Board of Commissioners on any property disposed of under such authorization from January 1 through June 30 of that year. The written report shall generally describe the property sold or exchanged, the method of sale or exchange, to whom it was sold or with whom exchanged, and the amount of money or other consideration received for each sale or exchange; and 4. The County Finance Director is authorized to execute all documents and papers and to do such other and further acts as may be required and necessary in order to effectively and legally carry out and complete the sales and exchanges authorized by this resolution. ADOPTED, this 17th day of February, 2003. (SEAL) _______________________________________ Chairman, Board of County Commissioners ATTEST: _________________________________ Clerk to the Board