Agenda 2003 03-10
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
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ALLEN O?NEAL, COUNTY MANAGER WANDA COPLEY, COUNTY ATTORNEY LUCIE F. HARRELL, CLERK TO THE BOARD
March 10, 2003 5:30 p.m.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVALOF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
5:45 p.m. 1. Consideration of Resolution Proclaiming March 22, 2003 as Girl Scout Day in
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New Hanover County
5:50 p.m. 2. Meeting of the Water and Sewer District41
5:55 p.m. Additional Items:
County Commissioners
County Attorney
County Manager
Public Hearings:
6:00 p.m. 3.1 Special Use Permit (Cont. from 02/03/03) - Request by Andrew and Kuske 9
Consulting Engineers, Inc. for Cypress Pond at Porter?s Neck, LLC requesting
a High Density Development consisting of 264 units in an R-15 Residential
Zoning District located behind the Porters Neck Shopping Center near Market
Street (S-497, 01/03)
6:30 p.m. 3.2 Rezoning - Request by Calder & Calder for William Pringle, DDS, to rezone 27
approximately 0.53 acres of property located at 4219 Castle Hayne Road from
RA Rural Agriculture to CD (O&I) Conditional Use Office and Institutional
(Z-458, 02/03)
7:00 p.m. 3.3 Rezoning - Request by Earl Worsley for Webcon, Inc. to rezone approximately 35
47.26 acres of property located at 5646 Lobos Lane, south of Monkey Junction,
from R-15 Residential to R-10 Residential (Z-759, 02/03)
7:30 p.m. Non-Agenda Items (limit 3 minutes)
7:40 p.m. Closed Session - Legal will advise
Possible
8:00 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 Page
No.
Non-Agenda Items (limit 3 minutes)
1. Approval of Minutes 43
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 47
2. Approval of School Budget Amendments Related to the New Elementary School 49
3. Approval of Resolution in Support of Senate Bill 55 to Provide Medicaid Relief to 57
Counties
4. Approval of Grant Application for Criminal Justice Partnership Program (CJPP) 61
FY2003-2004
5. Approval of Recommendations from Juvenile Crime Prevention Council for 63
Department of Juvenile Justice and Delinquency Prevention Funds FY2003-2004
6. Approval of Administrative Office of the Courts Funding for Drug Court 65
7. Approval of Remediation of Sheriff?s Old Firing Range on Division Drive 67
8. Approval of Bank of America?s Corporate Signature Card for the Sheriff?s Office 71
Civil Collection Account
9. Approval to Establish Budget for Register of Deeds Automation Fund, and Adopt 73
Resolution to Award Procurement of Indexing Program from Hart InterCivic, Inc.
10. Approval of Board of Fire Commission Bylaw Change 79
11. Approval of Amendment to the Classification Plan 83
12. Approval to Establish Appeal Process for Housing Recovery Grant Program 87
Appeals and Designate Hearing Officer
13. Approval of Consideration of Proposal to Transfer Funds to the City of 89
Wilmington for Design of Stormwater Management and Passive Recreation
Facility of the Tidal Creeks Property Formerly Known as the Dobo Property
14. Approval of Award of $13,080 of Tidal Creeks Water Quality Enhancement 91
Project Funds for UNC-W to Study and Determine Effects of Mason?s Inlet
Relocation on Tidal Exchange Rates
Approval of Budget Amendments:
15.1 #03-0131 95
15.2 #03-0136 97
15.3 #03-0140 99
15.4 #03-0142 101
15.5 #2003-28 103
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Regular Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie Harrell
Contact: Tammy Hopkins, Westfield Shoppingtown Independence
Item Does Not Require Review
SUBJECT:
Adoption of Resolution Proclaiming March 22, 2003 as Girl Scout Day in New Hanover County.
BRIEF SUMMARY:
On March 22, 2003, the local Girl Scout community and Westfield Shoppingtown Independence will have the Second
Annual Girl Scout Day at Westfield Shoppingtown. They are requesting the Board to adopt a resolution proclaiming the Girl
Scout Day. The Commissioners are also invited to attend the function.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Westfield letgirlscout032220
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Adopt resolution proclaiming March 22, 2003 as Girl Scout Day in New Hanover County.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
RESOLUTION
WHEREAS, Girl Scouts of the U.S.A., the world?s largest volunteer organization for girls,
was founded by Juliette Gordon Low on March 12, 1912; and
WHEREAS, the Girl Scout movement is dedicated to instilling high ideals of character,
conduct, service and patriotism in girls and has inspired generations of girls to improve the world
around them in their homes, communities, and society; and
WHEREAS, the Girl Scouts of New Hanover County and the Coastal Carolinas are
celebrating the 91
anniversary of the Girl Scout organization; and
st
Girl Scout Day
at Westfield
WHEREAS, Saturday, March 22, 2003, has been set aside as
Shoppingtown Independence. The shoppingtown will be showcasing Girl Scout accomplishments
to the community with troop displays, council exhibits, and more.
NOW, THEREFORE, be it resolved that the New Hanover County Board of
Girl Scout Day
Commissioners does hereby proclaim March 22, 2003 as and the Board urges all
its citizens to join in recognizing Girl Scouts for their countless contributions to our towns, cities,
states, and its people.
Adopted this the 10 day
of March, 2003
[SEAL]
__________________________________
Ted Davis, Jr., Chairman
_______________________________________
Lucie F. Harrell, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Regular Item #: 3.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CONTINUED ITEM FROM 2/3/03 Board of Commissioners Public Hearing.
Case: S-497, 01/03 Special Use Permit for: High Density Development for 264 Units in an
R-15 Residential District
BRIEF SUMMARY:
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved.
A.The subject property is located within the Ogden VFD.
B.The site has access to Market Street, which is classified by the Thoroughfare Classification Plan as a Major Arterial. (US 17)
C.The petitioner is extending County water and sewer services to the project.
2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
A.A site plan which meets the requirements of the zoning ordinance has been submitted and reviewed.
B.County engineering has indicated that there is sufficient area shown on the plan to accommodate stormwater management.
Stormwater requirements and water and sewer will be reviewed when construction plans are submitted.
C.A Traffic Impact Analysis has been submitted and is under review by the MPO and DOT staff.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the
use is a public necessity.
A.The subject property is zoned R-15 residential and B-1 Neighborhood Business.
B.High Density development is permitted within the R-15 district provided the land is classified urban transition and there is
access to a major or minor arterial. Residential uses are permitted within B-1 business districts by special use permit.
C.The project is adjacent to an existing Commercial Shopping Center and vacant residential properties in Greenview Ranches.
4. The Board must find that the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development
for New Hanover County.
A.
The site is classified as Urban Transition by the New Hanover County Comprehensive Plan.The purpose of the Urban
Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban
services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public
service delivery. Residential development can exceed 2.5 units per acre within the Urban Transition area provided the development is
adequately designed to be compatible with existing and proposed surrounding land uses and is served by: City or County Sewer
B.
Housing policies in the comprehensive plan state that ?The County and City shall continue to support and enhance a broad
range of affordable housing programs and increase affordable rental housing.?
Planning Staff Concerns:
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1)The primary concern for this project is providing a public road connection through the property to the west to support any
potential development in Greenview Ranches.
2)Site access should incorporate recommendations proposed in the Traffic Impact Analysis (TIA).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 02/06/03:
After closing the public hearing on February 3, 2003 the Board of Commissioners voted to remand this item to the Planning
Board because of testimony regarding jurisdictional wetlands and stormwater discharges into other wetland areas. At the February 6,
2003 Planning Board meeting the petitioner presented information from the Army Cops of Engineers regarding the jurisdictional
wetlands and presented a letter from his engineer stating that the stormwater from the site could be accommodated in other areas of the
site if the State Department of Water Quality does not allow discharges into the existing Cypress Pond. The Planning Board voted 6-0
to recommend approval with the same condition regarding access and the addition that if design changes are required to accommodate
stormwater management then the active recreation amenities shall be maintained.
PLANNING BOARD RECOMMENDATION 01/02/03:
At the January 2, 2003 Planning Board meeting, the petitioner presented the high density site plan. No one spoke in opposition.
There was extensive discussion regarding access to the vacant properties to the west of the subject property. The MPO traffic
coordinator presented his concerns and recommendations. There was also discussion about the wetlands on the site. One Planning
Board member questioned why the cypress pond was not classified as a wetland. The petitioner explained that the cypress pond is a
permitted stormwater management pond for the adjacent shopping center. Ultimately the Planning Board voted 4-1 to recommend
approval with the condition that the access easement shown on the southern most part of the site be changed to a 50 foot public right-
of-way.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-497 Finding of FaS-497 Pet Sum
(14 pages)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved (w/changes in Rightof-Way per agreement with Mr. Carroll)
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CONTINUED ITEM FROM 2/3/03 Board of Commissioners Public Hearing.
Case: S-497, 01/03 Special Use Permit for: High Density Development for 264 Units in an R-15 Residential
District
PLANNING BOARD RECOMMENDATION 02/06/03:
After closing the public hearing on February 3, 2003 the Board of Commissioners voted to remand this item to the
Planning Board because of testimony regarding jurisdictional wetlands and stormwater discharges into other wetland areas. At
the February 6, 2003 Planning Board meeting the petitioner presented information from the Army Cops of Engineers regarding
the jurisdictional wetlands and presented a letter from his engineer stating that the stormwater from the site could be
accommodated in other areas of the site if the State Department of Water Quality does not allow discharges into the existing
Cypress Pond. The Planning Board voted 6-0 to recommend approval with the same condition regarding access and the
addition that if design changes are required to accommodate stormwater management then the active recreation amenities shall
be maintained.
PLANNING BOARD RECOMMENDATION 01/02/03:
At the January 2, 2003 Planning Board meeting, the petitioner presented the high density site plan. No one spoke in
opposition. There was extensive discussion regarding access to the vacant properties to the west of the subject property. The
MPO traffic coordinator presented his concerns and recommendations. There was also discussion about the wetlands on the site.
One Planning Board member questioned why the cypress pond was not classified as a wetland. The petitioner explained that the
cypress pond is a permitted stormwater management pond for the adjacent shopping center. Ultimately the Planning Board voted
4-1 to recommend approval with the condition that the access easement shown on the southern most part of the site be changed
to a 50 foot public right-of-way.
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved.
The subject property is located within the Ogden VFD.
A.
The site has access to Market Street, which is classified by the Thoroughfare Classification Plan as a Major Arterial. (US 17)
B.
The petitioner is extending County water and sewer services to the project.
C.
2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
A site plan which meets the requirements of the zoning ordinance has been submitted and reviewed.
A.
County engineering has indicated that there is sufficient area shown on the plan to accommodate stormwater management.
B.
Stormwater requirements and water and sewer will be reviewed when construction plans are submitted.
A Traffic Impact Analysis has been submitted and is under review by the MPO and DOT staff.
C.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the
use is a public necessity.
The subject property is zoned R-15 residential and B-1 Neighborhood Business.
A.
High Density development is permitted within the R-15 district provided the land is classified urban transition and there is
B.
access to a major or minor arterial. Residential uses are permitted within B-1 business districts by special use permit.
The project is adjacent to an existing Commercial Shopping Center and vacant residential properties in Greenview Ranches.
C.
4. The Board must find that the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County.
A.
The site is classified as Urban Transition by the New Hanover County Comprehensive Plan.The purpose of the Urban
Transition class is to provide for future intensive urban development on lands that have been or will be provided with
necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency
in land utilization and public service delivery. Residential development can exceed 2.5 units per acre within the Urban
Transition area provided the development is adequately designed to be compatible with existing and proposed surrounding
land uses and is served by: City or County Sewer
B.
Housing policies in the comprehensive plan state that ?The County and City shall continue to support and enhance a broad
range of affordable housing programs and increase affordable rental housing.?
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Planning Staff Concerns:
a. The primary concern for this project is providing a public road connection through the property to the west to
support any potential development in Greenview Ranches.
b. Site access should incorporate recommendations proposed in the Traffic Impact Analysis (TIA).
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Case: S-497, 01/03
Petition Summary Data
Owner/Petitioner: Andrew & Kuske for Cypress Pond @ Porters Neck LLC
Existing Land Use: Vacant
Zoning History: April 7, 1972 (8B)
Land Classification: Urban Transition
Water Type: County
Sewer Type: County
Recreation Area: Ogden Park
Access & Traffic Volume: 34,000 Market Street @ Bayshore (2001 ADT)
21,000 Market Street @ Futch Creek Road
8,800 Porters Neck Road @ Market Street
Fire District: Ogden
Watershed & Water Quality Classification: Smith Creek C(SW)
Aquifer Recharge Area: Primary Recharge area
Conservation/Historic/Archaeologic Resources: Natural Pond (50? COD Setback)
Soils: Rimini, Leon, Murville, Lynn Haven
Septic Suitability: Class I (Suitable), Class III (Severe Limitations)
Schools: Blair & Eaton Elementary
Trask Middle
Laney High
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Regular Item #: 3.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Z-758, 02/03; APPLICANT: Calder & Calder for William Pringle
REQUEST: RA Rural Agriculture to CD(O&I) Conditional Use Office & Institutional
ACREAGE: 0.53 Acres
LOCATION: 4219 Castle Hayne Road
BRIEF SUMMARY:
The petitioner is requesting a rezoning of approximately 0.53 acres of property from
Rural Agriculture to CD(O&I) Conditional Use Office and Institutional. The petitioner is requesting a rezoning to enable
him to operate a dental office within the existing building. According to county records the building on the property was
constructed in 1979 prior to zoning in the Castle Hayne Area. According to the petitioner another dentist operated a dental
practice from the facility from 1980 to 2002. After zoning was established in July 1985 the use was considered
nonconforming and was allowed to continue as permitted by Article IV of the Zoning Ordinance. The catalyst for this
rezoning request is section 46-1 which states that, when a non-conforming use is discontinued for a consecutive period of
180 days, the property involved may thereafter be used only for conforming purposes. Since the previous dental practice
closed more than a year ago the new owner of the property will not be able to operate a dental practice unless the property is
rezoned. Since the property has historically been used for a professional office and since there are no proposed additions to
the building or parking, Staff Recommends Approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 02/06/03:
The petitioners attorney presented the rezoning request. No one spoke in opposition. After a brief discussion about
the proposed use and the previous use of the property the Planning Board voted 6-0 to recommend approval with three
conditions; 1) Streetyard Landscaping should be added in accordance with section 67 of the Ordinance, 2) A two row buffer
should be provided along the southern property line, 3) the proposed sign shall meet the requirements of section IX of the
Zoning Ordinance. The petitioner has submitted a site plan which meets the required landscaping and has agreed to move
the sign to meet the appropriate setbacks.
FUNDING SOURCE:
Will above action result in: Position(s) Modification Or Change Number of Positions:
Explanation: N/A
ATTACHMENTS:
dZ-758 Pet SumZ-758 Finding of F
Z-758 Sum.
(5 pages)
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ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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CASE: Z-758, 02/03; APPLICANT: Calder & Calder for William Pringle
REQUEST: RA Rural Agriculture to CD(O&I) Conditional Use Office & Institutional
ACREAGE: 0.53 Acres
LOCATION: 4219 Castle Hayne Road
LAND CLASS: Resource Protection ? The purpose of the Resource Protection class is to provide for the
preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource
Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized
counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection
from urban land uses. . . .
PLANNING BOARD RECOMMENDATION 02/06/03:
The petitioners attorney presented the rezoning request. No one spoke in opposition. After a brief discussion about
the proposed use and the previous use of the property the Planning Board voted 6-0 to recommend approval with three
conditions; 1) Streetyard Landscaping should be added in accordance with section 67 of the Ordinance, 2) A two row buffer
should be provided along the southern property line, 3) the proposed sign shall meet the requirements of section IX of the
Zoning Ordinance. The petitioner has submitted a site plan which meets the required landscaping and has agreed to move
the sign to meet the appropriate setbacks.
STAFF SUMMARY:
The petitioner is requesting a rezoning of approximately 0.53 acres of property from
Rural Agriculture to CD(O&I) Conditional Use Office and Institutional. The petitioner is requesting a rezoning to enable
him to operate a dental office within the existing building. According to county records the building on the property was
constructed in 1979 prior to zoning in the Castle Hayne Area. According to the petitioner another dentist operated a dental
practice from the facility from 1980 to 2002. After zoning was established in July 1985 the use was considered
nonconforming and was allowed to continue as permitted by Article IV of the Zoning Ordinance. The catalyst for this
rezoning request is section 46-1 which states that, when a non-conforming use is discontinued for a consecutive period of
180 days, the property involved may thereafter be used only for conforming purposes. Since the previous dental practice
closed more than a year ago the new owner of the property will not be able to operate a dental practice unless the property is
rezoned. Since the property has historically been used for a professional office and since there are no proposed additions to
the building or parking, Staff Recommends Approval.
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Case: Z-758, 02/03
Petition Summary Data
Owner/Petitioner: Calder & Calder for Dr. Pringle D.D.S.
Existing Land Use: Vacant Office
Zoning History: July 1, 1985 (Castle Hayne)
Land Classification: Resource Protection
Water Type: Private
Sewer Type: Private
Recreation Area: Castle Hayne Park
Access & Traffic Volume: 13,000 North of Parmele (2001 ADT)
Fire District: Castle Hayne
Watershed & Water Quality Classification: Tributary to Prince George C(SW)
Aquifer Recharge Area: Secondary Recharge area
Conservation/Historic/Archaeologic Resources: None
Soils: Pantego Loam
Septic Suitability: Class III (Severe Limitations)
Schools: Alderman Elementary
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Case: Z-758, 02/03 Special Use Permit for: A Dental Office in a CD(O&I) Conditional Use Office and
Institutional District
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved.
A. The subject property is located within the Castle Hayne VFD.
B. The site has direct access to Castle Hayne Road (U.S. 117)
C. The site is served by private well and septic.
D. The proposed use will occur in an existing building.
2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
A. There are 14 existing parking spaces which meets the minimum parking requirements for medical clinics.
B. No new buildings are proposed.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that
the use is a public necessity.
A. The subject property has historically been used as a dentist office.
B. No additions or new buildings are proposed.
C. Medical offices are permitted within the O&I district.
4. The Board must find that the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general conformity with the
plan of development for New Hanover County.
A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the
Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife
and recreational resources.
B. No additional land disturbance is proposed.
Planning Staff Concerns:
1) Streetyard landscaping should be added in accordance with section 67 of the ordinance.
2) A two row landscape buffer should be provided along the southern property line.
3) The proposed sign shall meet the requirements of Section IX of the Zoning Ordinance.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Regular Item #: 3.3Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: Z-759, 02/03; APPLICANT: Earl Worsley for Webcon Inc.
REQUEST: R-15 Residential to R-10 Residential
ACREAGE: 47.26 Acres
LOCATION: 5646 Lobos Lane behind the Circle K horse farm and Adjacent to and south of
Brewster Place Subdivision.
BRIEF SUMMARY:
STAFF SUMMARY:
The petitioner is requesting a rezoning of approximately 47.26 acres of property from
R-15 residential to R-10 Residential. The subject property is located near the rapidly developing Monkey Junction area
adjacent and south of Brewster Place Subdivision which is a developing
R-10 residential project. The property included in the Brewster Place Subdivision was rezoned in April 1996 and April
1997. Under performance residential criteria the proposed rezoning for the subject property would allow 18 additional
units. Public utilities have been extended to Brewster Place and could be extended to the subject property.
In 1999 a similar rezoning request was denied for the subject property because utilities had not been extended to the
second phase of Brewster Place and because there was inadequate access to the property. Since that time Marquette drive
has been extended through Brewster Place and a street stub has been provided for the subject property. In addition a
second road connection is proposed further west and will be constructed as Brewster Place continues to develop.
Previously the only access to the subject property was from the east through Vallie Lane which is a private access
easement serving several parcels of land including those parcels utilized by the Circle K horse stables. This eastern access
would logically be improved at some future time if the property used by the stables is developed.
While the proposed zoning is a logical extension of the adjacent R-10 district, there are some environmental
factors that will need to be evaluated when development proposals are considered. On the western end of the property
there is some swamp forest area which is protected by the County Conservation Overlay District requirements. The 100
year floodplain also extends into a significant portion of the property. In addition to the naturally occurring environmental
features the subject property has been used as a borrow pit leaving a large pond on the western end of the site and the
eastern portion of the site has been used as a dump for construction debris. Cleaning up the dump site would be a benefit to
the neighborhood and the environment, however it would be prudent for the developer to have an environmental
assessment of the property prior to any land disturbance.
Comprehensive Plan policies promote development within the urban services boundary where essential urban
services exist. Density may exceed 2.5 units per acre within the Developed Land Classification. The Comprehensive plan
also supports providing affordable housing opportunities throughout the County. The proposed rezoning is consistent with
the Comprehensive Plan, consistent with the surrounding development, and is in close proximity to urban services, Staff
Recommends Approval.
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RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 02/06/03:
The petitioner presented his request for rezoning. No one spoke in opposition. The Planning Board expressed
concern that the only access to the site was through another subdivision. However, upon further discussion the Board
determined that the zoning does not affect the access and the additional units would not add a significant number of trips
over those that could occur if the property were developed under the existing zoning. The planning Board voted 6-0 to
recommend approval.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
dZ-759 Pet Sum
Z-759 Sum.
(3 pages)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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CASE: Z-759, 02/03; APPLICANT: Earl Worsley for Webcon Inc.
REQUEST: R-15 Residential to R-10 Residential
ACREAGE: 47.26 Acres
LOCATION: 5646 Lobos Lane behind the Circle K horse farm and Adjacent to and south of Brewster Place
Subdivision.
LAND CLASS: Developed ? The purpose of the Developed class is to provide for continued intensive development
and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500
dwelling units per square mile. Urban services are already in place or scheduled within the immediate future.
Most of the land within the City of Wilmington is designated as developed, except for some Urban Transition and
Conservation areas. Density may exceed 2.5 units per acre within the developed class, depending upon local zoning
regulations.
PLANNING BOARD RECOMMENDATION 02/06/03:
The petitioner presented his request for rezoning. No one spoke in opposition. The Planning Board expressed
concern that the only access to the site was through another subdivision. However, upon further discussion the Board
determined that the zoning does not affect the access and the additional units would not add a significant number of trips
over those that could occur if the property were developed under the existing zoning. The planning Board voted 6-0 to
recommend approval.
STAFF SUMMARY:
The petitioner is requesting a rezoning of approximately 47.26 acres of property from
R-15 residential to R-10 Residential. The subject property is located near the rapidly developing Monkey Junction area
adjacent and south of Brewster Place Subdivision which is a developing
R-10 residential project. The property included in the Brewster Place Subdivision was rezoned in April 1996 and April
1997. Under performance residential criteria the proposed rezoning for the subject property would allow 18 additional units.
Public utilities have been extended to Brewster Place and could be extended to the subject property.
In 1999 a similar rezoning request was denied for the subject property because utilities had not been extended to the
second phase of Brewster Place and because there was inadequate access to the property. Since that time Marquette drive
has been extended through Brewster Place and a street stub has been provided for the subject property. In addition a second
road connection is proposed further west and will be constructed as Brewster Place continues to develop. Previously the only
access to the subject property was from the east through Vallie Lane which is a private access easement serving several
parcels of land including those parcels utilized by the Circle K horse stables. This eastern access would logically be
improved at some future time if the property used by the stables is developed.
While the proposed zoning is a logical extension of the adjacent R-10 district, there are some environmental factors
that will need to be evaluated when development proposals are considered. On the western end of the property there is some
swamp forest area which is protected by the County Conservation Overlay District requirements. The 100 year floodplain
also extends into a significant portion of the property. In addition to the naturally occurring environmental features the
subject property has been used as a borrow pit leaving a large pond on the western end of the site and the eastern portion of
the site has been used as a dump for construction debris. Cleaning up the dump site would be a benefit to the neighborhood
and the environment, however it would be prudent for the developer to have an environmental assessment of the property
prior to any land disturbance.
Comprehensive Plan policies promote development within the urban services boundary where essential urban
services exist. Density may exceed 2.5 units per acre within the Developed Land Classification. The Comprehensive plan also
supports providing affordable housing opportunities throughout the County. The proposed rezoning is consistent with the
Comprehensive Plan, consistent with the surrounding development, and is in close proximity to urban services, Staff
Recommends Approval.
37
Case: Z-759, 02/03
Petition Summary Data
Owner/Petitioner: Earl Worsley for Webcon Inc.
Existing Land Use: Vacant, Borrow Pit, Dump
Zoning History: April 7, 1971 (4)
Land Classification: Developed
Water Type: City
Sewer Type: County
Recreation Area: Arrowhead Park
Access & Traffic Volume: 35,000 CBR south of Monkey Junction (2001 ADT)
Fire District: Myrtle Grove
Watershed & Water Quality Classification: Motts Creek C(SW)
Aquifer Recharge Area: Primary Recharge Area
Conservation/Historic/Archaeologic Resources: Swamp Forest
Soils: Kureb, | Onslow, | Lynn Haven, Leon, | Johnston
Septic Suitability: Class I (Suitable) | Class II (Moderate limitations) | Class III (Severe Limitations) |
Class IV (Unsuitable)
Schools: Bellamy Elementary
38
39
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40
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
Non-Agenda Items (limit 3 minutes)
1. Approval of Minutes 43
41
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42
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
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 17, 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:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
43
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44
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1. Approval of Minutes 47
2. Approval of School Budget Amendments Related to the New Elementary School 49
3. Approval of Resolution in Support of Senate Bill 55 to Provide Medicaid Relief to 57
Counties
4. Approval of Grant Application for Criminal Justice Partnership Program (CJPP) 61
FY2003-2004
5. Approval of Recommendations from Juvenile Crime Prevention Council for 63
Department of Juvenile Justice and Delinquency Prevention Funds FY2003-2004
6. Approval of Administrative Office of the Courts Funding for Drug Court 65
7. Approval of Remediation of Sheriff?s Old Firing Range on Division Drive 67
8. Approval of Bank of America?s Corporate Signature Card for the Sheriff?s Office 71
Civil Collection Account
9. Approval to Establish Budget for Register of Deeds Automation Fund, and Adopt 73
Resolution to Award Procurement of Indexing Program from Hart InterCivic, Inc.
10. Approval of Board of Fire Commission Bylaw Change 79
11. Approval of Amendment to the Classification Plan 83
12. Approval to Establish Appeal Process for Housing Recovery Grant Program 87
Appeals and Designate Hearing Officer
13. Approval of Consideration of Proposal to Transfer Funds to the City of 89
Wilmington for Design of Stormwater Management and Passive Recreation
Facility of the Tidal Creeks Property Formerly Known as the Dobo Property
14. Approval of Award of $13,080 of Tidal Creeks Water Quality Enhancement 91
Project Funds for UNC-W to Study and Determine Effects of Mason?s Inlet
Relocation on Tidal Exchange Rates
Approval of Budget Amendments:
15.1 #03-0131 95
15.2 #03-0136 97
15.3 #03-0140 99
15.4 #03-0142 101
15.5 #2003-28 103
45
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46
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
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 the following sets of minutes:
Regular Meeting, February 17, 2003
Joint Consolidation Meeting, January 13, 2003
Closed Session, January 6, 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:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
47
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48
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 2Estimated Time:Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
SUBJECT:
Approval of School Budget Amendments Related to the New Elementary School
BRIEF SUMMARY:
On February 3, 2003 the County Commissioners voted unanimously to approve the acquisition of property for a new
elementary school. The property is situated off Murrayville Road near the intersection with Rockwell.
The School Budget Amendment #4 appropriates fund balance in the Schools Capital Outlay fund for the schools
construction and requires county commissioner approval.
No additional county funding is being allocated.
The other budget transfer request are for information and do not require approval. The transfers are for the new
elementary school and project at Roland Grise not related to the new elementary school.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve School Budget Amendment # 4 Appropriating Fund Balance in the Schools Capital Project for the Murrayville
Elementary School Construction.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
School Budget Amendments
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
49
50
51
52
53
54
55
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56
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 3Estimated Time:Page Number:
Department: County Manager Presenter: Allen O'Neal
Contact: Allen O'Neal, Patricia A. Melvin
Item Does Not Require Review
SUBJECT:
Resolution in Support of Senate Bill 55 to Provide Medicaid Relief to Counties
BRIEF SUMMARY:
On January 21, 2003 the New Hanover County Board of Commissioners voted unanimously to adopt a resolution in support
of phasing out county participation in Medicaid costs. Senate Bill 55, introduced by Sen. Jim Forrester (Gaston), would
effect that phase down by one percent each year, beginning July 1, 2005. The attached resolution urges the N.C. General
Assembly to adopt Senate Bill 55, "to phase-out the county share of the non-federal share of Medicaid costs over a five-
year period".
If adopted, the bill will reduce county Medicaid responsibility from five percent to four percent effective July 1, 2005, to three
percent effective July 1, 2006, to two percent effective July 1, 2007, and to one percent effective July 1, 2008.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution and send to members of the General Assembly to express local support of the bill.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
MEDICAID RESOLUTION.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
57
RESOLUTION SUPPORTING
STATE ASSUMPTION OF LOCAL SHARE OF MEDICAID
WHEREAS, the counties? share of Medicaid reimbursements in North Carolina have increased tremendously in the past few
years; and
WHEREAS, approximately forty-three states do not require county contributions to Medicaid; and
WHEREAS, local budgets have been adversely affected by recent decisions by the Governor to withhold reimbursements due
to cities and counties, effectively depleting fund balances; and
WHEREAS, demands on local governments to fund county infrastructure, public schools, community colleges and other
public facilities and services have grown, thus creating an increased burden on ad valorem taxes; and
WHEREAS, the North Carolina General Assembly passed legislation to allow counties to raise sales taxes by one-half cent,
but this was, at best in most cases, revenue neutral; and
WHEREAS, the increase in ad valorem taxes discourages the location of new business and industry to North Carolina.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of the County of New Hanover does hereby
petition the General Assembly of the State of North Carolina to support a plan to phase out county contributions to Medicaid for all
counties in the State of North Carolina.
st
ADOPTED this 21
day of January, 2003.
__________________________
Ted Davis, Jr., Chairman
ATTEST:
_____________________________
Lucie F. Harrell, Clerk to the Board
58
59
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60
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 4Estimated Time:Page Number:
Department: County Manager Presenter: Andy Atkinson
Contact: Andy Atkinson
SUBJECT:
Approval of Grant Application for Criminal Justice Partnership Program (CJPP) FY 2003-2004
BRIEF SUMMARY:
The CJPP is part of the State of NC Department of Corrections. Grant funding in the amount of $141,515 is provided
annually to cover the cost of the Day Sentencing program and partially fund the Pretrial Release program. There is no
required County match for these funds. The Pretrial Release program is coordinated through the County Manager's Office,
while the Day Sentencing Center is operated through contract with Coastal Horizons.
The Pretrial Release program has saved the County hundreds of thousands of dollars through reduced jail cost. With the
rising numbers of inmates this program will continue to be more and more valuable to the County. Without the Pretrial
Release program, our jail would have as many as 80 more inmates per day over the current level.
The Day Sentencing Center provides the judges with an intermediate sentencing option for those sentenced to lesser
crimes, saving the valuable prison space for dangerous felons. The caseload for this program is 60, with as many as 120
clients being served each year.
The CJP Board recommended submission of this plan to the State at their February 21 , 2003 meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of grant application; request acceptance of the grant when awarded and approval of necessary
budget amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
A copy of the Application for Continuation of Implementation Funding is available for review 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:
Recommend approval by the Board of Commissioners for filing of the grant with the State. Also request the authorizing
agent, Andy Atkinson, be authorized to sign the acceptance of the grant when received.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
61
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62
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 5Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Andy Atkinson
SUBJECT:
Recommendations from Juvenile Crime Prevention Council for Department of Juvenile Justice
and Delinquency Prevention Funds for Fiscal Year July 1, 2003 through June 30, 2004
BRIEF SUMMARY:
The Juvenile Crime Prevention Council (JCPC) is responsible for making recommendations to the Board of County
Commissioners for funding provided by the Department of Juvenile Justice and Delinquency Prevention (DJJDP) on an
annual basis. The JCPC recommends the following agencies be funded for the fiscal year beginning July 1, 2003. This
recommendation, if approved, must be submitted to the State for final approval. The recommendations are as follows:
Recommended
Psychological Services (SEMH) $114,862
Home-Based Services (SEMH) 90,000
Juvenile Day Reporting Center 203,045
Teen Court 30,000
Administrative 13,000
TOTAL $450,907
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the recommendations from the JCPC as presented above.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: N. C. Department of Juvenile Justice and Delinquency Prevention (no County funds required).
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend the JCPC recommendations be accepted for submittal to the State.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
63
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64
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 6Estimated Time:Page Number:
Department: County Manager Presenter:
Contact: Andy Atkinson
SUBJECT:
Approval of Administrative Office of the Courts Funding for Drug Court
BRIEF SUMMARY:
The Administrative Office of the Courts has awarded a "good-faith" grant amount of $93,880 for fiscal year 2002-03 to fund
the Drug Court in New Hanover County. We presently contract with Coastal Horizons Center, Inc. to operate the program
for the County. No county funds are required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of budget amendment #03-0132 ; request authorization for the Chairman to sign the agreement
when received by the County.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: State $93,880
ATTACHMENTS:
d
ba03-0132.
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
We have received this grant for a number of years. I am hopeful the State will award these funds. If they do not, we will not
enter into the agreement with Coastal Horizons.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
65
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Budget Amendment
DEPARTMENT: Drug Court
BUDGET AMENDMENT #: 03-0132
ADJUSTMENT DEBIT CREDIT
AOC Grant $93,880
Contract Services $93,880
EXPLANATION: To budget grant from Administrative Office of the Courts to fund the Drug Court administered by
Coastal Horizons Center, Inc.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
66
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 7Estimated Time:Page Number:
Department: Sheriff's Office Presenter:
Contact: Andy Atkinson
SUBJECT:
Remediation of Sheriff's Old Firing Range on Division Drive
BRIEF SUMMARY:
In November of 2000, the State paid the County $570,813 due to Smith Creek Parkway construction impeding the use of
the Sheriff's firing range. At that time it was not clear what , if any, cost there would be for cleaning the soil of the range.
The State has begun their remediation of the site, and we must as well. In order to excavate, screen and stabilize the
impacted soil in such a manner that we meet best practice standards, a budget amendment in the amount of $66,828 is
necessary.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of budget amendment #03-0143 moving $66,828 from fund balance in the general fund to the
Sheriff's Office for remediation.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Since the funds from the sale of a portion of the range to the State were deposited in the General Fund, it is
logical to use a portion of the funds to cover the cost of the remediation.
ATTACHMENTS:
BA #03-0143.
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
67
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Budget Amendment
DEPARTMENT: Sheriff's Office
BUDGET AMENDMENT #: 03-0143
ADJUSTMENT DEBIT CREDIT
County Commissioners:
Appropriated Fund Balance $66,828
Sheriff/Patrol:
Clean Up $66,828
EXPLANATION: To budget appropriated fund balance for remediation at the old firing range.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
68
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70
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 8Estimated Time:Page Number:
Department: Finance Presenter: Bruce T. Shell
Contact: Bruce T. Shell
SUBJECT:
Bank of America's Corporate Signature Card for the Sheriff's Office Civil Collection Account
BRIEF SUMMARY:
Changes have been made at the Sheriff's Office and names need to be deleted and replaced with additional names of
individuals authorized to complete financial transactions for the Sheriff's Office Civil Collection bank account. Attached is a
signature card provided by Bank of America for this purpose.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Bank of America's Corporate Signature Card.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Bank of America's Corporate Signature Card
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Adopt Bank of America's Corporate Signature Card.
COMMISSIONERS' ACTIONS/COMMENTS:
Changed the card as follows:
Remove: Lise Ruefle
Add: Toni Shields
Approved
71
72
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 9Estimated Time:Page Number:
Department: Finance Presenter: Bruce Shell
Contact: Bruce Shell
SUBJECT:
Establish Budget for Register of Deeds Automation Fund, and Adopt Resolution to Award
Procurement of Indexing Program from Hart InterCivic, Inc.
BRIEF SUMMARY:
The N.C. General Assembly established provisions that provide funds for automation of the Register of Deeds from existing
Register of Deeds funding. The provision provides that 10 percent of revenues received must be earmarked for
automation. New Hanover County set aside funds beginning January 1, 2002 for this purpose totalling $89,493. Funding
projections for fiscal year 02-03 are conservatively estimated at $175,000. The attached budget amendment establishes a
budget of $264,493 for the automation fund.
The Register of Deeds is working with the County Information Technology Department as well as the Finance Department
to upgrade existing software applications in order to serve the public more efficiently. Hart InterCivic, Inc. currently provides
the automation products for the Register of Deeds Office and offers an indexing module, aiINDEX, that would address the
issues the Register of Deeds Office has with indexing and provide a platform for efficient work flow. This product will be
acquired through an amendment to contract # 00-0282 which was the original contract for the purchase of the Hart System
currently being used at the Register of Deeds Office. The contract amendment with Hart InterCivic, Inc. for the acquisition
and implementation of the aiINDEX module totals $94,209. Additional hardware estimated to cost $12,000 will be
required to run the program and will be purchased separately through state contract.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Establish budget for Register of Deeds Automation Fund through budget amendment # 03-0138, adopt resolution awarding
procurement of an indexing program to Hart InterCivic, Inc. as a sole source procurement, approve amendment to contract
# 00-0282 for indexing product, and authorize County Manager to sign contract amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: Revenue of Deeds Revenues
ATTACHMENTS:
d00-0282 aiINDEX resolNew Hanover Amendment (contract
ba03-0138.
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
73
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Budget Amendment
DEPARTMENT: Automation Enhancement & Preservation Fund
BUDGET AMENDMENT #: 03-0138
ADJUSTMENT DEBIT CREDIT
Appropriate Fund Balance $89,493
Fees $175,000
Computers $264,493
EXPLANATION: To budget Register of Deeds Automation and Preservation Fund revenues for FY 2002-03 and
designated fund balance for approved projects.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
74
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
aiINDEX
WHEREAS, the implementation of the enabled software as marketed by Hart InterCivic, Inc. has been
determined by the Information Technology Director and the Registrar to be advantageous in the routine operation of the
Register of Deeds Office;
AND WHEREAS, the aiINDEX enabled software is a sole source item and only available through Hart
InterCivic, Inc. and is the only program to provide the features and system capabilities necessary to meet New
Hanover Countys needs and be compatible with the existing system;
=
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, budget amendment # 03-0138, presented as part of this resolution, establishes a budget for
General Statute 161-11.3. regarding Automation Enhancement and Preservation Fund;
funds to be used pursuant to
AND WHEREAS, the aiINDEX enabled software project through Hart InterCivic, Inc. totals ninety-four
thousand two hundred nine dollars ($94,209.00);
AND WHEREAS, the Registrar, the Finance Director, the Information Technology Director and the County
Manager recommend that the contract for the purchase aiINDEX enabled software be awarded to Hart InterCivic,
Inc., as a sole source agreement to be handled as a contract amendment to the previous contract # 00-0282, resulting
in a contract amount of ninety-four thousand two hundred nine dollars ($94,209.00);
AND WHEREAS, approximately twelve thousand dollars ($12,000.00) of the available funds will be used to
purchase the required computer hardware, related equipment and services that are not included in the award of this
contract to Hart InterCivic, Inc.; items to be purchased through normal County procedures;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that the contract for acquisition of an aiINDEX enabled software be awarded to Hart InterCivic, Inc. in the
amount of ninety-four thousand two hundred nine dollars ($94,209.00); and that the County is hereby authorized and
directed to execute the amendment to contract # 00-0282, contract form to be approved by the County Attorney; and
that the County Manager is hereby authorized and directed to execute the amendment to contract # 00-0282, contract
form to be approved by the County Attorney; and that the staff purchase the remaining required computer hardware,
related equipment and services that are not included in the award of this contracts; items to be purchased through
normal County procedures; and that budget amendment # 03-0138 is approved.
This 10th day of March, 2003.
(SEAL)
_______________________________________
Chairman, Board of County Commissioners
ATTEST:
_________________________________
Clerk to the Board
75
AMENDMENT
To
Integrated Information and Imaging System Agreement
Between
Hart Information Services, Inc.
and
New Hanover County
WHEREAS, New Hanover County, North Carolina (?County?) and Hart Information Services, Inc., now known as Hart
InterCivic, Inc. (?Hart?) have entered into a Proprietary Software License and Maintenance Agreement dated February 28, 2000, New
Hanover County Contract # 00-0282, (?Agreement?) for Integrated Information and Imaging System pursuant to which all work has
been completed and all payments made;
AND WHEREAS, the County desires to implement a new automated indexing module of the currently installed software;
AND WHEREAS, Hart and the County have agreed on a Statement of Work (SOW), which is attached as Exhibit 1 to this
Amendment and incorporated herein by reference;
AND WHEREAS, County and Hart have agreed to modify the Agreement to include the County?s acquisition of the
aiINDEX enabled software, implementation services, training, and on-site support as defined in the Statement of Work (SOW) by Hart;
AND WHEREAS, County and Hart have agreed to further modify the Agreement by changing certain terms and conditions;
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, receipt of which is
hereby acknowledged, the parties hereto agree as follows:
1. The Agreement, New Hanover County Contract # 00-0282, is incorporated herein and forms a part of this Amendment.
Except as provided below, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect and are
hereby ratified and reaffirmed by the parties hereto. In the event of any conflict or inconsistency between the provision set forth in the
Amendment and the Agreement, this Amendment shall govern and control.
2. Hart hereby agrees to complete the work at the price and on the terms and conditions contained in the Statement of Work
(SOW) and the Agreement as changed by this Amendment and to assume and perform all of the covenants and conditions required by
the Agreement as changed by this Amendment.
3. The County agrees to pay Hart ninety-four thousand two hundred nine dollars ($94,209.00) in accordance with section 2.6.1
of the SOW. Payments are to be made by County to Hart in accordance with the Billing Milestones in section 2.6.2 of the SOW.
4. Schedule A of the Agreement, titled Licensed Software; Users; Licensed CPU; Licensed Location and Exhibit K of the
Agreement, titled Software Sublicense Agreement are hereby amended as follows:
Add Sublicensed Software: aiINDEX
Licensor: Mentis Technology
Number of users: 4 Indexers/Verifers, 1 Supervisor, up to 300 documents per day
5. Remaining Terms
. Except as amended by this Amendment, all remaining terms and conditions of the Agreement remain in
full force and effect.
The parties hereto have duly executed this Amendment on the dates shown below.
NEW HANOVER COUNTY, HART INTERCIVIC, INC.
NORTH CAROLINA
By:
By:
Name: Allen O?Neal Name:
County Manager Title:
76
Date: Date:
Exhibit 1 ? Statement of Work for Automated Indexing using aiINDEX
This instrument has been pre-audited in
The manner required by the Local
Government Budget and Fiscal Control Act.
____________________________________
County Finance Director
Approved as to form:
_____________________________________
County Attorney
77
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78
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 10Estimated Time:Page Number:
Department: Fire Services Presenter: N/A
Contact: Donnie Hall
Item Does Not Require Review
SUBJECT:
Board of Fire Commission Bylaw Change
BRIEF SUMMARY:
Article VI Meetings - Section 1 - Revise to read: The Fire Commissioners will meet as needed to accomplish the mission of
the Board.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of change to by-laws
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Copy of current by-laws and item from Fire Commission minutes with motion for change.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve change in by-laws as recommended.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
79
80
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82
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 11Estimated Time:Page Number:
Department: Human Resources Presenter: Andre Mallette
Contact: Andre Mallette
SUBJECT:
Amendment to the Classification Plan
BRIEF SUMMARY:
This is a request to amend the position classification plan to include an additional classification, Human Services Agency
Business Manager. The additional classification does not represent additional budgeted positions; rather, it is a
reclassification of two existing positions. Normally, the County Manager can approve reclassifications of existing positions.
In this case, however, because the proposed new classification does not currently exist in the classification plan, personnel
policy requires Board approval to add the new classification to the plan.
The reclassification was prompted by a Health Department organizational study conducted by consultants, who
recommended a stronger business manager position to manage all business-related services (e.g., budget, finance,
information technology and medical records) for the department. In an effort to accommodate the Health Department?s
needs while maintaining internal equity among similar positions in County organization, it is recommended that a vacant
position in the Health Department and the Department of Social Services Business Officer position held by James
Oxendine be reclassified to this new classification.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve adding the classification of Human Services Agency Business Manager to the county's classification plan at a
salary grade of PT10 (Salary Range - $54,226 - $83,179) and implement the requested reclassification of the positions in
the departments identified above. The effective date of the implementation should be March 18, 2003.
FUNDING SOURCE:
Will above action result in: Position(s) Modification Or Change Number of Positions:
Explanation: Two existing positions will be reclassified.
ATTACHMENTS:
ge
Business Mana
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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Human Services Agency Business Manager
The following class specification is intended to represent only the key areas of responsibilities; specific position assignments
will vary depending on the business needs of the department.
DEPARTMENT: Social Services, Health REPORTS TO: Varies
CLASS SUMMARY
Oversees and manages complex fiscal, budgetary and business-related operations of a large county human services agency.
Supervises administrative and fiscal support staff involved in wide scope of various operations, such as budgeting, accounting,
purchasing, reporting, office services, grant management, facility management or information technology functions.
Coordinates fiscal activities with agency human services managers and works independently under the direction of the agency
director.
DISTINGUISHING CHARACTERISTICS
The Human Services Agency Business Manager is a stand-alone classification, distinguished from other classifications by its
responsibility for managing fiscal, budgetary and business-related operations of a large county human services agency,
specifically the Health Department and the Department of Social Services.
TYPICAL CLASS ESSENTIAL DUTIES
Supervises two or more full-time staff to include: prioritizing and assigning work; conducting performance evaluations;
ensuring staff is trained; and making hiring, disciplinary and termination recommendations.
Monitors revenue and expenditure accounts to ensure accurate financial reporting procedures.
Prepares, oversees and audits department?s state and local budgets.
Develops internal cost control procedures in compliance with local, state and federal laws.
Oversees facility operations to include maintenance and repair of security, office, telephone and computer systems and
equipment.
Oversees such business services as purchasing; inventory control; information systems, to include hardware and software
upgrades; and records management.
Oversees grant applications and grant expenditure reporting.
Develops, assesses and modifies fiscal reporting procedures.
Serves as a member of the department director?s management team and assists with development of overall department
goals and objectives; attends board meetings to make presentations and answer budget/fiscal questions; serves on various
department and county committees.
Complies with the Health Insurance Portability and Accountability Act (HIPAA) where applicable.
Performs other duties of a similar nature or level.
Performs work during emergency/disaster situations.
POSITION SPECIFIC DUTIES
In the Health Department,
Coordinates with department leadership to explore ways in which information technology can improve the effectiveness and
efficiency of disease surveillance and health service delivery options.
KNOWLEDGE AND SKILLS
Knowledge of:
Federal, state and local laws pertaining to financial management;
Accounting and financial principles;
Governmental Accounting Standards Board (GASBO federal and state single audit requirements;
Financial software;
Spreadsheet use and relational databases;
Supervisory principles;
Audit policies and requirements;
Budget preparation procedures;
Forecasting techniques;
Cost analysis;
Grant based accounting;
Computer network systems.
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Skill in:
Using computers and applicable software;
Using various office equipment;
Delivering presentations;
Preparing financial reports;
Preparing and monitoring budgets;
Interpreting and applying accounting and financial principles;
Analyzing and interpreting financial data;
Preparing grant applications and monitoring grant compliance and reporting;
Planning, directing, monitoring and evaluating others? work products and performance;
Communication, interpersonal skills as applied to interaction with coworkers, supervisor, the general public, etc. sufficient
to exchange or convey information and to receive work direction.
TRAINING AND EXPERIENCE
Bachelor?s degree in Accounting, Finance, Business Administration or related field and three years of progressively responsible
fiscal and budget management experience, preferably in a government human service agency setting; or an equivalent
combination of education and experience sufficient to perform the essential duties of the job such as those listed above.
LICENSING/CERTIFICATION
None required.
PHYSICAL REQUIREMENTS/WORKING CONDITIONS
Positions in this class typically require walking, fingering, talking, hearing, seeing and repetitive motions.
Sedentary work: Exerting up to 10 pounds of force occasionally and/or a negligible amount of force frequently or constantly to
lift, carry, push, pull or otherwise move objects, including the human body. Sedentary work involves sitting most of the time.
Jobs are sedentary if walking and standing are required only occasionally and all other sedentary criteria are met.
GENERAL INFORMATION
FLSA Status: Exempt
Class Spec Established/Revised: E02/03
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 12Estimated Time:Page Number:
Department: Legal Presenter: Kemp P. Burpeau, Deputy County Attorney and Wanda Coston, Grants Program
Administrator
Contact: Kemp P. Burpeau, Deputy County Attorney and Wanda Coston, Grants Program Administrator
SUBJECT:
Establish Appeal Process for Housing Recovery Grant Program Appeals and Designate
Hearing Officer
BRIEF SUMMARY:
New Hanover County is presently finalizing the buy-out and relocation of homeowners impacted by Hurricane Floyd.
Pursuant to the State program regulations and guidelines, an appeals process is to be made available to homeowners who
wish to challenge staff determination as to issues such as eligibility or compensation. Two homeowners presently wish to
challenge the proposed amount of their State Acquisition and Relocation Funds (SARF). SARF is down payment
assistance that is received by the clients when they close on comparable replacement housing. To allow for a final
determination by New Hanover County, the Board designates David F. Weaver, Assistant County Manager, as Hearing
Officer. Any further appeals following David F. Weaver's determination would be made to the Director of the North Carolina
Redevelopment Center and/or Secretary, Department of Crime Control and Public Safety.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve establishment of appeal process and designate David F. Weaver, Assistant County Manager, as New Hanover
County Hearing Officer for New Hanover County in connection with housing recovery grant program local government unit
final appeals.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
No.
REVIEWED BY:
LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 13Estimated Time:Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
SUBJECT:
Consideration of Proposal to Transfer Funds to the City of Wilmington for Design of
Stormwater Management and Passive Recreation Facility of the Tidal Creeks Property Formerly
Known as the Dobo Property
BRIEF SUMMARY:
In December 2002, New Hanover County purchased the 16.47-acre Dobo property in the Hewletts Creek watershed in the
City of Wilmington. The site was purchased entirely with funds from the Tidal Creeks Watershed Management Program.
The site is in the center of a fully developed sub basin of approximately 500 acres containing more than 1,000 homes and a
high percentage of impervious surface. Hewletts Creek, after being partially reopened to shell fishing, was closed to shell
fishing completely in early Spring 2002 due to an increase in fecal coliform bacteria measured in the creek. The property
had been identified in the City's Stormwater Master Plan for the 1998 Annexation Area as a priority location for a
stormwater retention and manufactured wetland facility that could improve the quality of the water flowing into Hewletts
Creek.
The Tidal Creeks Watershed Management Advisory Board has proposed spending up to $240,000, a rough estimate of
required frees, to contract services for the preparation of a master plan for stormwater retention, stream restoration and
passive recreation. City of Wilmington staff has agreed to manage the award and implementation of the contract.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the transfer of Tidal Creek Watershed Management funds to the City of Wilmington for a Master Plan for the
former Dobo site. No more than $240,000 will be transferred. The actual amount to be transferred will depend on the
contracted services.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Consent Item #: 14Estimated Time:Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
SUBJECT:
Approval of Award of $13,080 of Tidal Creeks Water Quality Enhancement Project funds for
UNC-W to study and determine effects of Mason?s Inlet relocation on Tidal Exchange Rates
BRIEF SUMMARY:
The Tidal Creek Watershed Management Advisory Board has recommended a request to fund a study examining the tidal
exchange rate in Howe Creek and Pages Creek. Similar studies were conducted on the Creeks in 1998 and 2000
respectively. These studies were both conducted prior to the Mason?s Inlet relocation. Conducting the studies on these
creeks will give comparable results that will help to determine the impact on tidal flushing that can be attributed to the inlet
relocation project. Exchange rate studies are fairly rudimentary and involve releasing dye at several sites in the creek and
monitoring the movement of the dye over the course of 7 ? 10 tides. Exchange rates are determined from the reduction of
dye over time. Larry Cahoon with UNCW?s Department of Biological Sciences will perform the studies.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize the expenditure of Tidal Creeks Water Quality Enhancement Project funds on the tidal exchange rate studies.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Tidal Creeks Water Quality Enhancement Project Funds - (Tidal04g)
ATTACHMENTS:
1 (study proposal ? 2 pages)
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Budget Amendment
Consent Item #: 15.1Estimated Time:Page Number:
DEPARTMENT: Planning
BUDGET AMENDMENT #: 03-0131
ADJUSTMENT DEBIT CREDIT
NCCCPS-SARF Grant $25,000
Relocation Assistance $25,000
EXPLANATION: To budget a portion of grant funds remaining in the SARF grant from FY 01-02. The funds will be
used to pay for Comparative Market Adjustments for two properties.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Budget Amendment
Consent Item #: 15.2Estimated Time:Page Number:
DEPARTMENT: Social Services
BUDGET AMENDMENT #: 03-0136
ADJUSTMENT DEBIT CREDIT
DSS Admin Grants $132,000
Assistance Payments $68,000
Contracted Services $200,000
EXPLANATION: Renew contract for Child Support Enforcement for another year. Additional County funds
required. Funds available within DSS budget.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Budget Amendment
Consent Item #: 15.3Estimated Time:Page Number:
DEPARTMENT: Sheriff's Office
BUDGET AMENDMENT #: 03-0140
ADJUSTMENT DEBIT CREDIT
Other $10,125
Motor Vehicle Purchases $10,125
EXPLANATION: To budget insurance proceeds in the Sheriff's Office.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Budget Amendment
Consent Item #: 15.4Estimated Time:Page Number:
DEPARTMENT: Public Health Bioterrorism
BUDGET AMENDMENT #: 03-0142
ADJUSTMENT DEBIT CREDIT
Bioterrorism Communication & $4,300
Assessment
Printing Charges $4,300
EXPLANATION: To budget additional State funds received for Bioterrorism Program. Funds are to be used for
radio and print advertising and promotional materials.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 03/10/03
Budget Amendment
Consent Item #: 15.5Estimated Time:Page Number:
DEPARTMENT: Island Park Water Extensions
BUDGET AMENDMENT #: 2003-28
ADJUSTMENT DEBIT CREDIT
Sales Tax Refund $12,136
Extended Project Expense $1,000
Transfer to Sewer Operating $13,136
EXPLANATION: For accounting purposes only; to close fund 803
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved
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