Agenda 2003 04-07
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
Date April 7, 2003 Time 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 pm 1. Consideration of Resolution Recognizing the UNC-W Seahawks Successful
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Basketball Season and Participation in the National Playoff Games
5:55 pm 2. Consideration of Proclamation Declaring April Child Abuse Prevention Month7
6:05 pm 3. Consideration of Proclamation Declaring April Fair Housing Month9
6:15 pm 4. Presentation of Human Relations 2002 Annual Report11
6:25 pm 5.Consideration of Draft Concurrent Resolution of the Board of Commissioners 13
and City Council Establishing a Governmental Consolidation Study
Commission
Public Hearings:
6:50 p.m. 6.1Rezoning: Request by Howard Capps for Matt DiGioia to rezone approximately 23
20.23 acres of property on the northeast side of Carolina Beach Road across
from Silva Terra Drive from R-15 Residential and I-1 Light Industrial to a
combination of R-10 Residential and CD(B-1) Conditional Use Neighborhood
Business. (Z-760, 03/03)
7:00 p.m. 6.233
Special Use Permit: Request by Howard Capps for Matt DiGioia to locate a
116 unit personal care facility in an R-10 Residential Zoning District located on
the northeast side of Carolina Beach Road across from Silva Terra Drive. (S-
498, 03/03)
Non-Public Hearing:
7:20 p.m. 7.Road Closing Resolution of Intent: Request by Attorney Jim Snow for Webster 41
Trask to consider closing a portion of Five Acre Road located north of the 6500
block of Murrayville Road. (SC-79, 03/03)
7:30 p.m. 8.Request Public Hearing and Approval to Submit Application for Rural 49
Operating Assistance Program Funds in the Amount of $138,866 and
Discretionary Rural General Public Funds in the Amount of $69,511
7:45 p.m.
Break
7:50 p.m. 9. Meeting of the Water and Sewer District 51
7:55 pm 10.Non Agenda Items
Additional Items:
County Commissioners
County Attorney
County Manager
8:30 pm 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.
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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.
1. Non-Agenda Items (limit 3 minutes) 51
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1. Approval of Minutes55
2.Approval to Submit a Three Year Renewal Grant to the Corporation for National 57
Service to Fund the Retired and Senior Volunteer Program 2003-2006 in the
Amount of $57,000 Per Year and If Awarded Approval of Associated Budget
Amendment
3. Approval of Annual Plan for Juvenile Crime Prevention Council for July 1, 2003 63
to June 30, 2004
4. Approval of Workforce Development Consortium Agreement65
5. Approval of Bank of America N.A. Resolution Opening and Maintaining Deposit 69
Accounts and Services and Corporate Signature Card
6. Approval of BA#03-0158 73
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Chairman Davis
Contact: Chairman Davis
Item Does Not Require Review
SUBJECT:
Resolution in Recognition of Seahawks 2003 Season
BRIEF SUMMARY:
The resolution congratulates the UNCW Seahawks for their winning 2002-2003 basketball season, their winning of the
Colonial Athletic Association title for the 3rd time in the past 4 years, their earning of their third NCAA tournament
appearance in four years, and their valiant effort in the first round game of the NCAA tournament against defending
champion University of Maryland.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Resolution and Recognize Coach Brownell and members of the Seahawks basketball team
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Proudly recommend adoption of the Resolution.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 2Estimated Time:Page Number:
Department: DSS Presenter: LaVaughn Nesmith
Contact: LaVaughn Nesmith
Item Does Not Require Review
SUBJECT:
Child Abuse Prevention Month
BRIEF SUMMARY:
Traditionally, April is Child Abuse Prevention Month.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The Board of Social Services recommends that the attached proclamation be adopted by the Board of County
Commissioners.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
p
PROCCHILDAB1.w
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend adoption of Resolution.
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted.
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CHILD ABUSE PREVENTION MONTH
APRIL 2003
BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS
A PROCLAMATION
WHEREAS, Child Abuse continues at near record levels across our Nation and our State, and
WHEREAS, April 2003 has been proclaimed Child Abuse Prevention Month in North Carolina, and
WHEREAS, beyond the family unit, the effects of Child Abuse are most immediately felt in neighborhoods and
communities, and
WHEREAS, Child Abuse, like other crimes and social problems, destroys the tranquility of families, neighborhoods
and communities and robs children of their childhoods and neighborhoods of their vitality, and
WHEREAS, the family unit is the building block of the community, and healthy families make healthy communities,
and
WHEREAS, the most effective solutions are local solutions and there are within our community, professionals of all
disciplines and volunteers from all walks of life dedicated to the amelioration of effects of child abuse,
NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of Commissioners proclaim the
month of April 2003 CHILD ABUSE PREVENTION MONTH, and
BE IT FURTHER RESOLVED THAT the Board of County Commissioners pledge themselves and ask our
citizens, public and private, professional and volunteer, to redouble their efforts to obliterate the social problem of
child abuse from our families, our neighborhoods and our community.
Adopted this the ______ day of _________, 2003.
ATTEST:
_______________________ _______________________
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 3Estimated Time:Page Number:
Department: Human Relations Presenter: Lethia Hankins and Carl Byrd
Contact: Carl Byrd
Item Does Not Require Review
SUBJECT:
Fair Housing Month
BRIEF SUMMARY:
The New Hanover Human Relations Commission members request the Board to proclaim April 2003 as "Fair Housing
Month".
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the attached Proclamation
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
See attached proclamation
Fairhouspro03
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Adopt the Proclamation proclaiming April 2003 as "Fair Housing Month."
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted.
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Fair Housing Month April 2003
, the New Hanover Human Relations Commission and the Friends of Human
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HEREAS
Relations are sponsoring Fair Housing Month; and
, the New Hanover Human Relations Commission seeks the elimination of housing
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HEREAS
discrimination through public awareness and housing community education and understanding
of Fair Housing Laws; and
, we encourage all citizens to respect, work, and support the establishment of fair
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HEREAS
and equitable housing for all persons regardless of race, religion, sex, color, disability, and familial
status; and
, through personal commitment to the value of justice and Civil Rights, specifically
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HEREAS
as they pertain to housing each of us can help to preserve, protect, and perpetuate the rights of
others to freedom, liberty, and justice.
by the New Hanover County Board of Commissioners that
NOW, THEREFORE, BE IT RESOLVED
the month April 2003, be declared
Fair Housing Month in New Hanover County
We call upon all citizens to join forces in creating and practicing a mutual bond of recognizing
and respecting differences, and resolve to accept a personal challenge to provide fair housing
opportunities to all citizens of New Hanover County.
Adopted this 17th day of April 2003
ATTEST:
_____________________________ ______________________________
Lucie F. Harrell Ted Davis, Jr., Chairman
Clerk to the Board New Hanover County Board
of Commissioners
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 4Estimated Time:Page Number:
Department: Human Relations Presenter: Carl A. Byrd
Contact: Carl A. Byrd
Item Does Not Require Review
SUBJECT:
Human Relations 2002 Annual Report
BRIEF SUMMARY:
Carl Byrd, Director of the New Hanover Human Relations Commission will present the Human Relations Commission 2002
Annual Report.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept/Approve the 2002 New Hanover Human Relations Commission's Annual Report
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
2002 Annual Report will be distributed after returning from the printer.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Accept the 2002 Annual Report.
COMMISSIONERS' ACTIONS/COMMENTS:
Accepted the 2002 Annual Report.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 5Estimated Time:Page Number:
Department: Governing Body Presenter: Ted Davis, Jr., Chairman and Nancy Pritchett, Commissioner
Contact: Chairman Davis and Commissioner Pritchett
SUBJECT:
Draft Concurrent Resolution of the Board of Commissioners and City Council Establishing A
Governmental Consolidation Study Commission.
BRIEF SUMMARY:
Staff has prepared a draft resolution and application for appointments to Governmental Consolidation Study Commission.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider resolution and application format.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Concurrent Resolution, Draft of Qualifications and Applications for Governmental Consolidation Commission.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted as presented 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 6.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
CASE: Z-760, 03/03; APPLICANT: Howard Capps For Matt Di Gioia
REQUEST: I-1 Light Industrial & R-15 Residential TO CD(B-1) Conditional Use Neighborhood
Business & R-10 Residential
ACREAGE: 20.23 Acres
LOCATION: In the 4600 Block of Carolina Beach Road Across from Silva Terra Drive
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.
BRIEF SUMMARY:
STAFF SUMMARY:
The subject property is comprised of several parcels of land totaling approximately 20.23 acres. The existing zoning is a
combination of R-15 residential and I-1 Light Industrial. The petitioner is proposing to rezone these parcels to a combination
of R-10 Residential and CD(B-1) Conditional Use Neighborhood Business. The property is located at an existing controlled
intersection on the northeast side of Carolina Beach Road across from Silva Terra Drive and is approximately 1.2 miles
from the developing commercial node at Monkey Junction.
The conditional use site plan is presented and designed in the context of a larger development that would incorporate a
variety of housing types. In addition the site plan incorporates the extension of Pine Hollow Drive, which is a desirable
connection between Carolina Beach Road and South College Road. With the extension of Pine Hollow Drive, the proposed
commercial project can serve the developing communities within the Johnson Farm Development (approved for
approximately 550 units). Since the project is located at an existing signalized intersection the existing communities in Silva
Terra will also be able to utilize the proposed neighborhood business services. The road stubs shown within the project also
allow for future connection to St. Andrews Drive where there are several multi-family developments. The plan incorporates
traffic circles as calming devices to discourage high speed cut through traffic on Pine Hollow Drive. In addition the plan
shows sidewalks and street landscaping to encourage pedestrian access from nearby neighborhoods.
The petitioner has submitted a traffic impact analysis and has incorporated significant road improvements into the
project including a redesign of the Intersection and signalization at Silva Terra Drive and Carolina Beach Road. The traffic
analysis also recommends adding left turn lanes on Silva Terra for people turning north on Carolina Beach Road.
The subject property is located in the Developed land Classification and is within the urban services boundary
established by the Comprehensive Plan. Policies in the plan promote development in these areas. Other policies in the
Comprehensive Plan support locating commercial services in close proximity to the markets they serve, support mixed use
development in undeveloped areas to reduce dependency on automobiles, while preserving valuable natural resources
including open space. The Comprehensive Plan also supports providing street connectivity to reduce impacts of traffic on
our major thoroughfares. The proposed project provides interconnectivity and provides neighborhood level services to
existing and developing neighborhoods nearby. The project is consistent with the Comprehensive Plan and provides
desirable traffic improvements to the area. Staff Recommends Approval.
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RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 3/6/03:
Howard Capps the Landscape Architect for the proposed project presented the conditional use rezoning and reviewed
the details of the site plan. No one spoke in support or in opposition to the request. The Planning Board discussed the plan
and commented that the overall plan was well thought out. However, two members of the board were concerned with some
of the uses presented in the applicant?s list of uses for the project. After further discussion about the proposed uses the
Board voted 5-2 to recommend approval with the condition that the ?Convenience Food Store? use and the ?Automobile
Service Station? use would only be permitted with the approval of an additional special use permit.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
Z-760 Sum.dZ-760 Finding of FZ-760 Pet Sum
(6)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved rezoning 5-0. Special Use approved as recommended by the Planning Board 5-0.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 6.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case: S-498, 03/03 Special Use Permit for: A 116 Unit Independent Living Facility in an R-10 Residential District
(See Site Plan Included for Case Z-760)
BRIEF SUMMARY:
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 Myrtle Grove VFD.
B. The site has direct access to Carolina Beach Road (U.S. 421)
C. The proposed project will be served by County Sewer and City Water.
The Board must find that the use meets all required conditions and specifications of the zoning ordinance.
2.
A. A site plan which meets all of the requirements of the Ordinance has been submitted and reviewed.
B. The site plan shows a 116 unit independent living facility with adequate parking to accommodate the tenants and employees.
C. Sufficient area to accommodate the required landscaping and buffering is shown on the site plan.
The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a
3.
public necessity.
A. One parcel within the area has been zoned and used for light industrial purposes since 1985.
B. A traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plans.
C. The proposed use is within the context of a larger development plan.
D. The proposed landscaping and buffering areas are adequate to protect adjacent properties.
The Board must find that the location and character of the use if developed according to the plan as submitted and
4.
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 developed by the New Hanover County Comprehensive Plan. 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.
B. Policies in the comprehensive plan support having adequate supply of housing for elderly, special needs, and disabled.
Planning Staff Concerns:
1) The applicant has worked closely with planning staff and has addressed staff concerns as they arose.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 3/6/03
:
Howard Capps the Landscape Architect for the proposed project presented the Special Use Permit and reviewed the
details of the site plan. No one spoke in support or in opposition to the request. The Planning Board commented that the
overall plan was well thought out. The Board voted unanimously (7-0) to recommend approval.
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FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-498 Finding of FZ-760 Pet Sum-S-49
(2)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved with the stipulation that the HVAC units be properly buffered to prevent noise 5-0,
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 7Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Non-Public Hearing Item
Resolution of Intent to Close Portion of Five Acre Road (SC - 79, 02/03)
Petitioner: Webster Trask
Location: Located North of the 6500 Block Murrayville Road
BRIEF SUMMARY:
General Comments:
Web Trask (adjacent landowner of parcel five on the attached site map) has petitioned the County to close an approximately 285.85
foot segment of Five Acre Road located near the 6500 block of Murrayville Road. (Map Book 38, Page 324) In accordance with
N.C.G.S. 153A-241, a Resolution of Intent to close a road or easement must be adopted by the Board of Commissioners prior to
scheduling a public hearing. A site map depicting the segment of road to be closed is attached. This 30 foot right of way is mostly
unimproved.
Staff Comments:
As depicted on the attached site map, this segment of Five Acre Road abuts several residential lots. These lots currently have access
either through an unnamed road, Murrayville Road or Five Acre Road. County Engineering staff on reviewing the road closing proposal
indicates that utility and drainage easements will not be needed. Alternative access options for the adjoining landowners and land north
of parcel 5 (proposed school site) need to be considered including concerns of emergency service delivery, and future subdivisions of
adjacent properties need to be reviewed by the Board in deciding whether to proceed with the Resolution of Intent to close this road
segment. A narrative by Attorney Snow outlining why a portion of Five Acre Road should be closed is attached. If the Resolution of
Intent is adopted, a public hearing would be held on Monday, June 2, 2003
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff?s primary recommendation is that the road closure should not be acted upon until plans have been finalized for the
school property.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: N/A
ATTACHMENTS:
SC-79 Road Closin
(5)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
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COMMISSIONERS' ACTIONS/COMMENTS:
Set public hearing for June 2, 2003.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Regular Item #: 8Estimated Time:Page Number:
Department: Transportation Presenter: Deborah M. Houston
Contact: Deborah M. Houston
SUBJECT:
Request Public Hearing and Approval to Submit Application for Rural Operating Assistance
Program Funds in the Amount of $138,866 and Discretionary Rural General Public Funds in the
amount of $77,234.
BRIEF SUMMARY:
New Hanover County is eligible to receive $138,866 via the N.C. Department of Transportation's Rural Operating
Assistance Program (ROAP) for FY 2003-04. Funding must be used to provide transportation services to specific
populations of the unincorporated areas of the County.
Funding categories and amount are as follows:
Elderly/Disabled Assistance..............................................$80,979
Work First Assistance.......................................................$15,991
Rural General Public Assistance.......................................$41,896
Total..................................................................................$138,866
No local match is required for the allocation listed above.
Additionally, the County is applying for $77,234 for discretionary rural general public funds. These funds will cover the cost
of general public transportation beyond that which can be supported with the amount originally allocated. A local match of
$7,723 is required, if the request for discretionary rural general public funds is awarded.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct public hearing and approve request to submit an application for funds. Accept grant if awarded and approve
associated budget amendment .
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As recommended above.
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COMMISSIONERS' ACTIONS/COMMENTS:
Held Public Hearing and approved as recommended above 5-0.
COMMENTS BY: LGL:
COMMENTS BY:
FIN:
COMMENTS BY:
BUD:
COMMENTS BY:
HR:
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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.
1. Non-Agenda Items (limit 3 minutes) 51
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C ONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1. Approval of Minutes 55
2. Approval to Submit a Three Year Renewal Grant to the Corporation for National 57
Service to Fund the Retired and Senior Volunteer Program 2003-2006 in the
Amount of $57,000 Per Year and If Awarded Approval of Associated Budget
Amendment
3. Approval of Annual Plan for Juvenile Crime Prevention Council for July 1, 2003 63
to June 30, 2004
4. Approval of Workforce Development Consortium Agreement 65
5. Approval of Bank of America N.A. Resolution Opening and Maintaining Deposit 69
Accounts and Services and Corporate Signature Card
6. Approval of BA#03-0158 73
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Consent Item #: 1Estimated Time:Page Number:
Department: Governing Body Presenter: Lucie F. Harrell
Contact: Lucie F. Harrell
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve the following sets of minutes:
Special Meeting, March 20, 2003
Regular Meeting, December 16, 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.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Consent Item #: 2Estimated Time:Page Number:
Department: Aging Presenter: Annette Crumpton, Bunnie Brush
Contact: Annette Crumpton, Bunnie Brush
SUBJECT:
Request Permission to Submit a Three Year Renewal Grant to the Corporation for National
Service to Fund the Retired and Senior Volunteer Program 2003-2006 in the Amount of $57,000
per year.
BRIEF SUMMARY:
The Department of Aging requests permission to submit a three year renewal grant to the Corporation for National Service
(CNS) to fund the Retired and Senior Volunteer Program (RSVP) from 2003-2006. Each year RSVP recruits, monitors and
places 1079+ senior volunteers in 60 nonprofit and public agencies in New Hanover County. RSVP volunteers are serving
in the following County departments: VITA income tax preparation, SHIIP insurance counseling, Library, Museum,
Cooperative Extension, Sheriff's Department, NHC Courthouse, Department of Aging, Health Department, Emergency
Management, and Airlie Gardens, at a cost of 65 cents/ volunteer hour. Last year RSVP volunteers provided 153,078
hours of service at a value of $2,531,910 to our community. Senior volunteers are a bank of talent and skills, providing
staff and experienced workers to assist host agencies.
The Corporation For National Service Grant is available in the amount of $57,000 per year with renewal up to three years
2003-2006. The County match is $70,212 per year. This match has been/will be budgeted.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend Commissioners approve request to submit the Corporation of National Service three year renewal grant in the
amount of $57,000 per year, and to approve associated budget amendment when the grant is awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
Copy of grant application with signature pages.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Consent Item #: 3Estimated Time:Page Number:
Department: County Manager Presenter: Andy Atkinson, Deputy County Manager
Contact: Andy Atkinson
SUBJECT:
Annual Plan for Juvenile Crime Prevention Council for July 1, 2003 to June 30, 2004
BRIEF SUMMARY:
Each year the Juvenile Crime Prevention Council (JCPC) is required to submit an annual plan to the Board of County
Commissioners outlining the funding and program plans for the coming fiscal year. The plan, if approved, must be submitted to
the area office of the N. C. Department of Juvenile Justice and Delinquency Prevention (DJJDP) and then submitted to the state
office of DJJDP for final approval. The document is lengthy and is available for review in the County Manager's office.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the plan for submittal to the area and state offices of DJJDP.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: NC DJJDP, local in-kind matches, other state/federal sources
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Approve plan for submittal to the State.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Consent Item #: 4Estimated Time:Page Number:
Department: County Manager Presenter: Margie Parker, Council of Governments
Contact: Patricia A. Melvin, Margie Parker
Item Does Not Require Review
SUBJECT:
Workforce Development Consortium Agreement
BRIEF SUMMARY:
In 1986 New Hanover County and every other county in Region O, adopted Articles of Association and Agreement to
establish the Cape Fear SDA Job Training Consortium, under the Job Training Partnership Act (JTPA). The agreement
must now be amended to remove references to the JTPA and replace such with references to the "Workforce Investment
Act". The "Workforce Investment Act" is the current employment and training legislation, which was signed into law by
President Clinton in 1998 and implemented in North Carolina in January 2000. In addition, the consortium's name is
changing from Cape Fear Service Delivery Area Job Training Consortium to the "Cape Fear Workforce Development
Consortium". Both changes require approval via resolution adopted by each Board of County Commissioners.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution to effect changes in articles of association consistent with changes in federal legislation.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
WorkforceReso04070
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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Office of
Ted Davis, Jr.
Board of Commissioners
Chairman
New Hanover County
320 Chestnut Street, Room 305
Wilmington, North Carolina 28401-4093
Telephone (910) 341-7149
Fax (910) 341-4130
www.nhcgov.com
RESOLUTION
OF
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the United States Congress has established the , PL 105-220 on August 7,
Workforce Investment Act of 1998
1998, requiring full implementation by States no later than July 1, 2000:
WHEREAS, North Carolina has opted to be an early implementing state and will implement July 1, 1999 and has elected to
follow provisions in the Workforce Investment Act which permit the utilization of North Carolina?s existing delivery
structure, the Governor of the State of north Carolina will designate the current ?service delivery area? under the Job
Training Partnership Act as the ?workforce investment area? under the provisions of the federal Workforce Investment Act
of 1998 which includes the Counties of Brunswick, Columbus, New Hanover and Pender, to be known as the Cape Fear
Workforce Development Consortium:
WHEREAS, the Workforce Investment Act of 1998 is authorized under a different piece of federal legislation than the Job
training Partnership Act and current agreements only govern receipt of JTPA, NCETGP and WtW funds and do not include
local liability for Workforce Investment Act funds, the issue of responsibility for the Workforce Investment Act must be
addressed. It will be necessary to execute and update the existing State/Service Delivery Area Memorandum of
Agreement and the local Articles of Association and Agreement for the Cape Fear Workforce Development
Consortium to reflect the liability, additional functions and responsibilities associated with the Workforce investment Act to
include designation of the ?chief elected officials? for the Consortium and Chief Elected Official for the workforce
investment area, designation of an administrative/fiscal agent to administer the program on behalf of the Consortium, and
certification of existing Workforce Development Board to serve as the workforce investment board for WIA;
NOW THEREFORE, BE IT RESOLVED that this County does hereby approve the amended Articles of Association and
Agreement for the Cape Fear Workforce Development Consortium to include the additional liability, functions and
responsibilities associated with the Workforce Investment Act of 1998, designates the ?chief elected officials? for the
Consortium and the Chief Elected Official for the SDA/WIA and requests certification of the existing Cape Fear Workforce
Development Board as the workforce investment Board for purposes of the Workforce Investment Act;
RESOLVED FURTHER, that Lynwood Norris, as the representative Chief Elected Official for the Counties of Brunswick,
Columbus, New Hanover and Pender is authorized, upon receipt, to execute the amended State and Service Delivery Area
Memorandum of Agreement to reflect the inclusion of the federal Workforce Investment Act and is further authorized to
execute the Administrative/Fiscal Agent Designation Form for the workforce Investment Act designating the Cape
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Fear Council of Governments as the administrative/fiscal agent to carry out the duties of the Consortium associated with
WIA program management, financial management (receipt and disbursement of grant funds), and support to the local Cape
Fear Workforce Development Board;
RESOLVED FURTHER, that the County?s board member on the Cape Fear Council of Governments? Board, designated as
the ?chief elected official? of this County for the Cape Fear Workforce Development Consortium Board and all purposes as
required by the Job Training Act and Workforce Investment Act and foregoing Articles of Association and Agreement for
the Cape Fear Workforce Development Consortium is hereby authorized and directed to execute on behalf of the County the
amended Articles of Association and Agreement for the Cape Fear Workforce Development Consortium and to take
any and all actions which may be appropriate to carry out the foregoing resolutions into effect.
____________________________________ Chairman, New
Hanover County
Board of Commissioners
ATTEST:
________________________________
I hereby certify that during a regular meeting of the New Hanover County Board of Commissioners held on April 7, 2003,
the above resolution was duly adopted.
___________________________________ Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Consent Item #: 5Estimated Time:Page Number:
Department: Finance Presenter: Bruce T. Shell
Contact: Bruce T. Shell
SUBJECT:
Bank of America, N.A. Resolution Opening and Maintaining Deposit Accounts and Services and
Corporate Signature Card
BRIEF SUMMARY:
Attached Bank of America, N.A. Resolution Opening and Maintaining Deposit Accounts and Services and Corporate
Signature Card for New Hanover County Business Interest Maximizer Account for DSS trust client.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend Board of County Commissioners adopt the Bank of America, N.A. Resolution Opening and Maintaining
Deposit Accounts and Services and Corporate Signature Card for this dedicated savings account.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
The Bank of America, N.A. Resolution and Corporate Signature Card are being submitted separately.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/07/03
Budget Amendment
Consent Item #: 6Estimated Time:Page Number:
DEPARTMENT: Sheriff's Administration
BUDGET AMENDMENT #: 03-0158
ADJUSTMENT DEBIT CREDIT
Contingency $25,000
Rent $25,000
EXPLANATION: To transfer funds from contingency to increase funding for "rent" the county pays on the old
airport terminal building where the Uniform Patrol Division is located. When the budget was adopted, it was
estimated that Uniform Patrol would only need to "rent" the space for one-half of the fiscal year. On June 14, 2000,
the Commissioners agreed to pay the Airport $50,000 annually for the space used by Uniform Patrol. The County
rents the entire building to the Airport for $1 per year, maintains the building, and provides the utilities for the
building.
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: 04/07/03
Additional Item #: 1Estimated Time:Page Number:
Department: County Manager Presenter: Judge Faison
Contact: Andy Atkinson
SUBJECT:
Consideration of Proclamation Declaring April Drug Treatment Court Month
BRIEF SUMMARY:
Judge Faison requests that the Board proclaim April 2003 as "Drug Treatment Court Month".
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the attached proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
A1-1.do
REVIEWED BY:
LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Adopt the proclamation declaring the month of April, 2003 to be "Drug Treatment Court Month".
COMMISSIONERS' ACTIONS/COMMENTS:
Adopted.
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PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the New Hanover County Drug Treatment Court provides the focus and leadership for community-wide, anti-drug
systems, bringing together criminal justice, treatment, education and other community partners in the fight against drug abuse and
criminality, and
WHEREAS, the New Hanover County Drug Treatment Court combines intensive judicial supervision, mandatory substance abuse
treatment and drug testing, and escalating sanctions and incentives in order to break the cycle of drug addiction and it?s concomitant
crime, and
WHEREAS, the judges, prosecutors, defense attorneys, treatment and rehabilitation professionals, law enforcement and corrections
personnel, researchers and educators, national and community leaders and others dedicated to the movement have had a profound
impact through hard work and commitment to their communities, and
WHEREAS, the national Drug Treatment Court movement has grown from twelve original drug courts in 1994 to over 1,200 drug
courts that are in operation or in the planning stages,
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby declare the month of
April, 2003 to be ?Drug Treatment Court Month? in recognition of the practitioners and participants who make the New Hanover Drug
Treatment Court work, and for the significant contributions that the New Hanover Drug Treatment Court has made and continues to
make, in reducing drug usage and associated crime.
Adopted this, the 7th day of April 2003.
New Hanover County Board of Commissioners
[Attest]
Ted Davis Jr., Chairman
Lucie F. Harrell, Clerk to the Board
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