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Agenda 2003 05-05 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 May 5, 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 Proclamation to Declare May as Foster Care Month in New 5 Hanover County 5:50 p.m. 2. Consideration of Resolution Proclaiming New Hanover County as a Bicycle 7 Friendly Community and may as Bicycle Awareness Month 5:55 p.m. 3. Consideration of Proclamation to Declare May 22, 2003 as National Maritime 9 Day in New Hanover County 11 6:00 p.m. 4. Second Reading Ordinance Amendment for Chapter 59, Waterways 6:05 p.m. 5. Convene as Board of Equalization and Review 13 Public Hearings 6:15 p.m. 6.1 Rezoning - Request by Futch Creek Properties LLC to rezone approximately 17 9.84 acres of property located in the 8700 block of Market Street north of Futch Creek Road from R-15 Residential to B-1 Neighborhood Business (Z-761, 03/03) 6:40 p.m. 6.2 Rezoning - Request by Gordon Road Investment Partnership to rezone 21 approximately 5.20 acres of property located at the intersection of Gordon Road and Ogden Park Drive from R-15 Residential to O&I Office and Institutional (Z757, 11/02) 7:10 p.m. 6.3 Special Use Permit - Request by Barbara Morris to operate a Child Daycare 25 Facility for 8 children in an R-15 Zoning District located at 822 Sago Bay Drive (S-499, 04/03) 7:30 p.m. Break 7:40 p.m. 6.4 Special Use Permit - Request by Ed Lowe for Masonboro Boat Yard to use 31 adjacent property in an R-15 Residential Zoning District as part of an existing Commercial Marina located at 609 Trails End Road (S-500, 04/03) 8:20 p.m. 7. Public Hearing on Refunding of Debt for New Hanover County37 8:25 p.m. 8. Meeting of the Water and Sewer District43 Public Hearing on Refunding of Debt for New Hanover County Water and Sewer District 8:45 p.m. Non-Agenda Items (limit 3 minutes) 8:50 p.m. Additional Items: County Commissioners County Attorney County Manager 9:00 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. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC PUBLIC HEARING ESTIMATED ITEMS OF BUSINESS Page TIMES No. 8:25 p.m. 1. Non-Agenda Items (limit 3 minutes) 8:30 p.m. 2. Public Hearing on Refunding of Debt for New Hanover County Water and 45 Sewer District 8:35 a.m. 3. Consideration of Bond Order Authorizing the Issuance of $7,000,000 of General 49 Obligation Water and Sewer Refunding Bonds 3 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Reimbursement of $16,800 from the ROT/Beach Maintenance Fund 57 to the Town of Carolina Beach for the Construction of ?Hatteras Ramps? for Dune Protection 2. Approval for New Hanover Transportation Services to Enter into an Agreement 67 with Lowe?s Home Centers to Establish a Shuttle Stop and Park-and-Ride Facility 3. Approval for the Retired and Senior Volunteer Program (RSVP) to Apply for a 71 Program of National Significance Grant in the Amount of $45,000 75 4. Approval of Procurement of Vitals Software from Hart InterCivic, Inc. in the Amount of $72,597, as a Sole Source Procurement Through an Amendment to Contract #00-0282 and Authorize the County Manager to Sign Contract Amendment 5. Approval of Pre-application Proposal for the N. C. Public Beach and Waterfront 81 Access Program Approval of Budget Amendments: 6.1 #03-016887 89 6.2 #03-0171 6.3 #03-017391 6.4 #03-017493 6.5 #2003-3795 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 1Estimated Time:Page Number: Department: DSS Presenter: LaVaughn Nesmith Contact: LaVaughn Nesmith SUBJECT: Foster Care Month BRIEF SUMMARY: The Governor has declared May as Foster Care Month. The Board of Social Services requests that the Board of County Commissioners proclaim May as Foster Care Month in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve attached proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: . FosterCare REVIEWED BY: LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION FOSTER CARE MONTH MAY 2003 WHEREAS, Foster parents come in all shapes and sizes, races and colors; some foster parents are professionals and some are professional foster parents for our special needs children, and WHEREAS, Some foster parents are motivated by religious principles, some by civic obligations, all by love of children and none by money, and WHEREAS, We turn more and more to the family foster homes of New Hanover County to nurture the bodies and spirits of the children in our charge while our social workers guide the parents to overcome their problems and deficiencies to provide safe, permanent homes for their children to return, and WHEREAS, The family foster homes are the backbone of the child welfare system allowing children to grow and develop in healthy environments while their families of origin resolve problems of alcoholism, drug addiction and other plague, and WHEREAS, While the number of children coming into care has decreased slightly, our need for these dedicated persons who open their homes and hearts to other people?s children is as great as ever, and WHEREAS, Many of our foster parents open their homes to provide safe, permanent, loving homes to children who can never go back to their family of origin and who need a forever home, and WHEREAS, May is singled out as Foster Parent Appreciation Month to be the one month we publicly recognize the tremendous contribution made by our foster parents to the child welfare system and to the lives of the young somehow entangled in that system. NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of Commissioners in recognition of Foster Care Month, thank all the foster mothers and foster fathers for their commitment of time and talents to these unfortunate ones. THIS THE ____ DAY OF _______________, 2003 __________________________________________ 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 2Estimated Time:Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Resolution proclaiming New Hanover County as a Bicycle Friendly Community and May as Bicycle Awareness Month BRIEF SUMMARY: In 1991 the New Hanover County Board of Commissioners recognized the New Hanover County Bicycle Advisory Committee and recommended membership designations with representatives from the municipalities, law enforcement, education, planning, transportation, commerce and bicycle user groups. The committee has been involved with education and safety programs and presenting ideas, plans, and projects that promote bicycle use to local private and public groups in New Hanover County. In light of these activities, the Committee would like the Board of Commissioners to recognize the County as a Bicycle Friendly Community and designate the month of May as Bicycle Awareness Month. Bicycle Awareness Month will be commemorated with a series of bicycle related activities designed to promote safe bicycle use in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the attached resolution proclaiming May as Bicycle Awareness Month and designating New Hanover County as a Bicycle Friendly Community. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: bike month resolution M ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 7 New Hanover County BOARD OF COMMISSIONERS RESOLUTION May 5, 2003 WHEREAS, the New Hanover County Board of Commissioners is committed to the promotion of safe and convenient bicycling for both transportation and recreation; and WHEREAS, New Hanover County is committed to promoting the safe use of Bicycles on the County's roads, sidewalks and trailways; and WHEREAS, education about bicycle safety and maintenance will encourage children and adults to operate their bicycles in a safe manner on all bicycle and shared access facilities; and WHEREAS, the New Hanover County Board of Commissioners is committed to alleviating traffic congestion and ensuring a clean and healthy environment; and WHEREAS, a Bike Friendly community is committed to; 1. Good roads: Streets that can be shared by bikes and cars safely and conveniently. 2. Bicycle paths and trails: Paved and unpaved routes where youth and casual riders can bicycle comfortably and safely. 3. Safety conscious bicyclists: Educated and experienced riders of all ages, who share the road safely and confidently, obeying all traffic regulations. 4. Safety conscious motorists: Drivers who are alert to bicyclists and share the road with them. 5. Well-planned neighborhoods: Neighborhoods that are conveniently linked to promote bicycle travel between homes, schools, stores, libraries, recreational and sports facilities, churches, beaches, and workplace destinations. Traffic regulations and other controls that calm traffic in residential and other areas frequented by children on bicycles. NOW, THEREFORE BE IT RESOLVED, the New Hanover County Board of Commissioners designates May as Bicycle Awareness Month and that New Hanover County is Bike Friendly and will continue to promote safe cycling opportunities for New Hanover County citizens. This the 5th day of May, 2003. Ted Davis, Chairman Attest : Clerk to the Board 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 3Estimated Time:Page Number: Department: Governing Body Presenter: Richard Eisenman Contact: Bill Caster SUBJECT: Consideration of Proclamation to Declare May 22, 2003 as National Maritme Day in New Hanover County BRIEF SUMMARY: Richard D. Eisenman, Navy League of the United States, requests that the Board consider the attached proclamation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve attached proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: NationalMaritimeD REVIEWED BY: LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 9 PROCLAMATION NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County has a long and proud history of being a seafaring county from before the American Revolution and, WHEREAS, its citizens have built and sent forth ships in support of our country?s defense and, WHEREAS, from its port the armed forces have shipped its might to free the oppressed and, WHEREAS, in recognition of the importance of the American merchant marine, the Congress, by joint resolution approved May 20, 1933, designated May 22 each year as ?National Maritime Day? and authorized and requested the President to issue annually a proclamation calling for its appropriate observance. This date was chosen to commemorate the day in 1819 when the SS Savannah departed Savannah, Georgia on the first transatlantic steamship voyage. NOW, THEREFORE be it resolved, by the Commissioners of New Hanover County that May 22, 2003 is hereby proclaimed NATIONAL MARITIME DAY in New Hanover County and the County Commissioners urge all to join them and attend the PORT OF WILMINGTON MARITIME DAY FESTIVAL AT THE NC STATE PORT ON SUNDAY, MAY 18, 2003 and honor the members past and present of the American Merchant Marine. th Adopted this 5 day of May, 2003. ______________________________ Ted Davis, Jr., Chairman ___________________________________ Clerk to the Board 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 4Estimated Time:Page Number: Department: Legal Presenter: Lt. Rhonda Smith & Deputy Jewell of the New Hanover County Sheriff's Office Contact: Cindy Kee-MacPherson, Paralegal SUBJECT: Second Reading Ordinance Amendment for Chapter 59, Waterways BRIEF SUMMARY: Any person who violates the provisions of Ch. 59 Article IV while operating personal watercraft on the waters of the county is guilty of a class 3 misdemeanor. This is the only penalty currently available. Penalties for violation of this article should be of the same nature as those for violation of Chapter 53 Article II Operation of Vehicle in Dune Area which subjects offenders to a civil action in the nature of a debt. In order to ensure personal watercraft safety, additional remedies need to be available to the county for enforcement. RECOMMENDED MOTION AND REQUESTED ACTIONS: § Consider the ordinance amendment. Under G. S. 153A-45, a second reading is to be conducted because all board members were not present to vote affirmatively at the prior meeting. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: pter 59 Amendme Cha REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Although the vote at the 04/21/03 meeting was unanimous (4-0), Legal has advised that a second reading is desirable in case the ordinance is ever challenged. COMMISSIONERS' ACTIONS/COMMENTS: Approved 11 AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that the Code of Ordinances, Chapter 59, Waterways, Article IV, Personal Watercraft Safety, Section 59-118, Penalties, is hereby amended by deleting said section and substituting the following: Section 59-118. Penalties. (a) Any person who shall violate the provisions of this article shall be guilty of a class 3 misdemeanor, punishable by a fine of not more than $500 or imprisonment for not more than 30 days, in the discretion of the court as provided by G.S. 14-4. (b) Any person who violates the provisions of this article may receive a citation which subjects the offender to a civil penalty of $100 for a first offense, $300 for a second offense and $500 for a third or subsequent offense. The penalty may be recovered by the county in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after being cited. (c) This article may be enforced by any one or more sanctions, penalties and punishments specified in this section. Each day of a continuing violation shall constitute a separate offense under this article. Except as expressly amended above, Chapter 59 shall remain unaltered, in full force and effect. This the _______ day of _______________________, 2003. [SEAL] NEW HANOVER COUNTY ________________________________ Ted Davis, Jr., Chairman ATTEST: _______________________________ Clerk to the Board 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 5Estimated Time:Page Number: Department: TAX Presenter: Robert Glasgow Contact: Robert Glasgow Item Does Not Require Review SUBJECT: Convene as Board of Equalization and Review BRIEF SUMMARY: Convene as the Board of Equalization and Review and follow the procedures as attached. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: E&R agenda.wpde&r2003appeals.wpd ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Convene as the Board of Equalization and Review. Follow procedures as attached. Recommend convening again as the Board of Equalization and Review after your regularly scheduled meeting on June 16, 2003. COMMISSIONERS' ACTIONS/COMMENTS: Approved. Chairman ? Chairman Ted Davis, Vice-Chairman ? Commissioner Bobby Greer 13 Recommended Agenda BOARD OF EQUALIZATION AND REVIEW May 5, 2003 Convene as Board of Equalization and Review -- as ADVERTISED Designate Chairman -- Since the Board of County Commissioners acts in lieu of a separate Board of Equalization and Review, it is suggested that Chairman Davis serve as Chairman. Oath No oath is required this year. B Recognize that listings are being entered into the records as required by statute. Enter into minutes the identity of know appellants -- the Tax Administrator will provide the Clerk with a listing of property owners who have submitted written appeals. The Tax Administrator will receive all duly filed appeals until this meeting is adjourned. Recognize and record appellants who are present -Name of Appellant -Identity of property by owners name and parcel number = -Brief statement of grounds on which appeal is made (Suggest a one-minute limit) -Require written authorization from the owner for an agent to appeal on his behalf (Administrator has standard form) (IF A SHOWING OF HANDS INDICATES TOO MANY APPELLANTS APPEAR AT THIS TIME, SUGGEST THE BOARD ANNOUNCE THAT APPELLANTS LINE UP AT THE DESK OUTSIDE THE AA AA MEETING ROOM, AND THE TAX ADMINISTRATOR WILL RECORD YOUR DESIRE TO APPEAL. YOU WILL BE NOTIFIED OF THE DATE AND TIME FOR YOU TO APPEAR) @@ @@ Decide when the Board will schedule individual hearings -- To conclude business, allow approximately one month for the appraisal staff to accumulate data necessary to support tax value, and to allow sufficient notice to taxpayer to attend or be represented. Statute 105-322 allows for this longer period of time if necessary to a proper execution of [its] responsibilities. The appraisal staff will accumulate taxpayer and tax office data, and A@ will provide such to the Board on Wednesday prior to the next E&R meeting. Adjourn -- This concludes the determination of appellants to the Board of E&R. The board will meet further only to conclude business which has been brought up at this meeting. 14 This is a list of appeals to the 2003 Board of Equalization and Review that have been received by the Tax Department as of April 23, 2003. The Oleander Co., Inc. R06100-004-001-001 Drewery, John C. III Gail R06308-025-006-000 Pawlik, Joseph R05405-018-010-000 Bullock, Arthur R. Jr. R06607-010-006-000 Alvis, Danny L. Sue G. R08510-009-001-000 Biddison, E. Marc III Elizabeth R05611-002-007-012 Egland, Leland D. R05110-008-027-000 15 {This page intentionally left blank} 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 6.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: CASE: Z-761, 03/03; APPLICANT: Futch Creek Properties, LLC Rezone 9.84 acres from R-15 Residential to B-1 Neighborhood Business BRIEF SUMMARY: The petitioner is requesting a rezoning of approximately 9.84 acres of property from R-15 residential to B-1 Neighborhood Business. In 1999 the same property was part of a similar rezoning for 13.2 acres which was denied. Since 1999 the proposed rezoning area has been reduced by 25%, DOT has completed final designs for the By- pass interchange, and construction of this section of the By-pass is on schedule. Because of these reasons and the significance of the planned intersection of the service roads on Market Street Staff Recommends Approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 4/10/03: The petitioner presented the request. No one spoke in support or opposition. One Planning Board member asked if the zoning was consistent with the preliminary recommendations from the By-pass committee. Staff explained that the Neighborhood Commercial Use would be consistent with the committee?s recommendations. Ultimately the Board voted (5- 0) to recommend approval. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-761 Sum.dZ-761 Pet Sum (3 pages total) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 17 CASE: Z-761, 03/03; APPLICANT: Futch Creek Properties, LLC REQUEST: R-15 Residential to B-1 Neighborhood Residential ACREAGE: 9.84 Acres LOCATION: 8700 Block of Market Street across from Stephens Church 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 4/10/03: The petitioner presented the request. No one spoke in support or opposition. One Planning Board member asked if the zoning was consistent with the preliminary recommendations from the By-pass committee. Staff explained that the voted Neighborhood Commercial Use would be consistent with the committee?s recommendations. Ultimately the Board (5-0) to recommend approval. STAFF SUMMARY: The petitioner is requesting a rezoning of approximately 9.84 acres of property from R-15 residential to B-1 Neighborhood Business. In 1999 the same property was part of a similar rezoning for 13.2 acres which was denied. At that time staff recognized that there may be some demand for neighborhood level services in this area, however based on the size of the project and other unknowns about the status of the 17 By-pass, staff did not support the petition. Since 1999 many of the concerns surrounding the rezoning of this property have been addressed. The design for the 17 By-pass interchange has been finalized and the property is in close proximity to the proposed intersection north of the interchange where the majority of traffic from existing developments on Futch Creek Road will likely access Market Street and the By-pass. In addition two new subdivisions approved for more than 300 units have started developing adjacent and east of the subject property. Both subdivisions will have access to the subject property through a proposed road connection. County water service is also being extended to the area by the developers of the adjacent subdivisions. The subject property is located in the Futch Creek watershed and is classified resource protection by the 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. The resource protection classification does not preclude commercial development and no County regulated resources have been identified onsite. Several measure have been taken on nearby properties to protect the Futch Creek watershed. The existing County stormwater management regulations combined with the state water quality requirements for commercial development should minimize impacts on the watershed. Other policies in the Comprehensive Plan support establishing commercial services in close proximity to the markets they serve. Since 1999 the proposed rezoning area has been reduced by 25%, DOT has completed final designs for the By-pass interchange, and construction of this section of the by-pass is on schedule. Because of these reasons and the significance of Staff Recommends Approval. the planned intersection of the service roads on Market Street 18 Case: Z-761, 03/03 Petition Summary Data Owner/Petitioner: Futch Creek Properties, LLC Existing Land Use: Vacant Zoning History: July 1971 (Area 5) Land Classification: Resource Protection Water Type: Wells (County Water being extended to nearby subdivision) Sewer Type: County Recreation Area: Ogden Park Access & Traffic Volume: 21,000 (2001 ADT) Fire District: Ogden Watershed & Water Quality Classification: Futch Creek (SA) Aquifer Recharge Area: Primary Recharge area Conservation/Historic/Archaeologic Resources: None Soils: Leon & Lynn Haven Septic Suitability: Class III (Severe Limitations) Schools: Ogden Elementary 19 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 6.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: CASE: Z-757, 11/02; APPLICANT: Gordon Road Investment Partnership Request to Rezone 5.2 acres from R-15 Residential to O&I Office and Institutional. BRIEF SUMMARY: The subject property is located at the intersection of Gordon Road and Ogden Park Drive. The original petition was a request for R-15 to B-1. The petitioner amended the petition in January at a Planning Board Meeting to ask for R-15 to O&I which Staff supported. At the January meeting the petitioner had sold part of the property and was not certain if the buyer (Mr. Wicker) wanted the rezoning. The Planning Board indicated that all three properties included in the petition should have the same zoning and ultimately voted to table the item until the petitioner could contact his client. Mr. Wicker who is the current owner of the corner parcel has decided that he would like to move forward with the O&I rezoning request and Staff recommends Approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 4/10/03: Reverend Wooten representing the Gateway Church and the applicant presented the rezoning request for O&I, Office and Institutional. No one spoke in support or in opposition. Staff reviewed the history of the rezoning request and recommended approval of the change to O&I. The Board voted (5-0) to recommend approval. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-757 Sum.dZ-757 Pet Sum (3 pages total) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 21 CASE: Z-757, 11/02; APPLICANT: Gordon Road Investment Partnership REQUEST: From R-15 Residential to O&I Office and Institutional ACREAGE: 5.2 Acres LOCATION: Intersection of Gordon Road and Ogden Park 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. Density may exceed 2.5 units per acre within the developed class, depending upon local zoning regulations. PLANNING BOARD RECOMMENDATION 4/10/03: Reverend Wooten representing the Gateway Church and the applicant presented the rezoning request for O&I, Office and Institutional. No one spoke in support or in opposition. Staff reviewed the history of the rezoning request and voted (5-0) to recommend approval. recommended approval of the change to O&I. The Board CONTINUED FROM 11/7/02 and 1/2/03: This item was continued from two different Planning Board public hearings, one in November 2002 and one in January 2003. The original petition was a request for R-15 to B-1. The petitioner amended the petition in January to ask for R-15 to O&I which Staff supported. At the January meeting the petitioner had sold part of the property and was not certain if the buyer (Mr. Wicker) wanted the rezoning. The Planning Board indicated that all three properties included in the petition should have the same zoning and ultimately voted to table the item until the petitioner could contact his client. Mr. Wicker who is the current owner of the corner parcel has decided that he would like to move forward with the O&I rezoning request and Staff recommends Approval. STAFF SUMMARY: The subject property is located at the intersection of Gordon Road and Ogden Park Drive. The petitioner is requesting a rezoning from R-15 Residential to B-1 Neighborhood Business. This area of the County is developing rapidly. The construction of Ogden Park is in its final stages. The eastern end of Gordon Road from Ogden Park to Military Cutoff has recently been widened and improved. New development in the area is beginning to establish itself and present a finished appearance. Across Gordon Road from the subject site is an established I-1 Light Industrial Zoning district which has a variety of uses including convenience service stations, office and institutional uses and industrial uses. Further west on Gordon Road there is a personal care facility and several residential developments. The zoning on the north side of Gordon Road is primarily residential, however, the uses are predominantly institutional type uses with the Public Park and Eaton Elementary School. The subject property is in a transitional area between the more intense land uses and the residential developments to the west along the north side of Gordon Road. Nine lots in the Farrington Farms subdivision abut the property. In August 2000 the Planning Board unanimously recommended approval of a rezoning request for Office and Institutional for a portion of the subject site. At the same meeting however the Planning Board voted 5-1 to recommend denial of a special use permit for a convenience store on the property. By a 3-2 vote The Board of Commissioners denied the zoning change. Given its location on the heavily traveled Gordon Road and the triangular shape of the property the subject site would be difficult to develop residentially, however, the subject property is probably best suited for institutional type uses rather than retail type uses. Some B-1 neighborhood business uses may be appropriate for the site. Although staff is confident that the established buffering requirements would provide adequate protection for adjacent Farrington Farms Subdivision, Staff recommends either a Conditional Use B-1 zoning where the uses can be limited or a straight O&I office and Institutional zoning. 22 Z-757, 11/02 Case: Petition Summary Data Owner/Petitioner: Gordon Road Investment Partnership Existing Land Use: Residential Zoning History: July 7, 1972 (8B) Land Classification: Developed Water Type: County Sewer Type: County Recreation Area: Ogden Park Access & Traffic Volume: 26,000 Gordon Road (2001 ADT) Fire District: Ogden Watershed & Water Quality Classification: Smith Creek C(SW) Aquifer Recharge Area: Primary Conservation/Historic/Archaeologic Resources: None Soils: Leon Septic Suitability: Class III (Severe Limitations) Schools: Blair 23 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 6.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: S-499, 04/03 Applicant: Barbara Morris Special Use Permit for Child Daycare Facility BRIEF SUMMARY: The petitioner would like to expand her in home daycare from five (5) children to eight (8) children, which requires a Special Use Permit. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 4/10/03: The petitioner presented her request to expand her in home daycare from 5 children to 8 children which requires a special use permit. No one spoke in support or in opposition to the request. The Board voted (5-0) to recommend approval with no additional conditions. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: S-499 Finding of FS-499 Pet Sum (5 pages total) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 25 Case: S-499, 04/03 Special Use Permit for: Child Daycare Facility 8 children in an R-15 Residential Zoning District. PLANNING BOARD RECOMMENDATION 4/10/03: The petitioner presented her request to expand her in home daycare from 5 children to 8 children which requires a voted (5-0) to recommend special use permit. No one spoke in support or in opposition to the request. The Board approval with no additional conditions. 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 Myrtle Grove VFD. A. The site has access to Sago Bay Drive which is a public right-of-way. (S.R. 2400) B. The site is served by private water and sewer. C. The proposed use will occur in an existing home. D. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. There is sufficient space for parking for 1 employee and 4 off street spaces. A. There is an area designated for pick up and drop off with ingress and egress provided in a manner to provide access B. without backing onto the public right of way. There is an existing fenced play area in the back yard. C. Outside signs for the facility shall not exceed 2 square feet. No sings are proposed D. Operation of the facility shall comply with the provisions of the General Statutes of the State of North Carolina and E. other applicable federal state or local codes. No new buildings are proposed. F. 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 located in an R-15 residential district. A. Child daycare facilities are permitted by special use permit in all residential districts. B. 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 limited transition by the New Hanover County Comprehensive Plan. The purpose of the limited transition class is to provide for development in areas that will have some services, but at lower densities than those associated with Urban Transition. B.Several policies in the comprehensive plan support establishing programs for elderly, special needs, and children. 26 Case: S-499, 04/03 Petition Summary Data Owner/Petitioner: Barbara Morris Existing Land Use: Residential Zoning History: April 1971 (Area 4) Land Classification: Limited Transition Water Type: Private Sewer Type: Private Recreation Area: Veterans Park Access & Traffic Volume: 35,000 @ Monkey Junction (2001 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Lords Creek C(SW) Aquifer Recharge Area: Shallow water table sand aquifer Conservation/Historic/Archaeologic Resources: None Soils: Kureb Septic Suitability: Class I (Suitable) Schools: Bellamy Elementary 27 28 29 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 6.4Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: S-500, 04/03 Applicant: Ed Lowe for Masonboro Boat Yard A Special Use Permit request to use R-15 Residential property to expand an existing Commercial Marina Operation located at 609 Trails End Rd. Commercial Marinas are permitted by Special Use Permit in Residential Districts. BRIEF SUMMARY: The proposed site plan shows the removal of the existing office building, the conversion of a portion of an existing structure into an office for the marina, and the addition of 16 unpaved off street parking spaces. No new buildings are proposed. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 4/10/03: The petitioner presented his request to expand his commercial marina. The Planning Board had several questions regarding the number of parking spaces, impervious surfaces and stormwater associated with the project. The attorney for the neighbor south of the subject property requested that a fence be provided to protect an adjacent residence. After some discussion about retaining the existing vegetation and buffering the Planning Board voted 5-0 to recommend approval with two conditions; 1) no trees 4? DBH or greater may be removed for the project, and 2) if the adjacent neighbor to the south requests a fence the petitionershall construct a five foot privacy fence within 45 days of the request. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: S-500 Finding of FS-500 Pet Sum (4 pages total) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved, with following conditions: 1) 5? privacy Fence to be built from oak tree westward on said property; 2) If vegetation to east of property line is removed at any time, a fence will be built from the oak tree eastward; and 3) Delete redundant statement in Section 3-C(1) 31 32 Case: Z-500, 04/03 Petition Summary Data Owner/Petitioner: Ed Lowe for Masonboro Boat Yard Existing Land Use: Residential Zoning History: October 1969 (Masonboro) Land Classification: Conservation Water Type: Private Sewer Type: County Recreation Area: Myrtle Grove Park Access & Traffic Volume: 10,000 @ Masonboro Loop Rd. (2001 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Whiskey Creek (SA) Aquifer Recharge Area: Shallow water table sand aquifer Conservation/Historic/Archaeologic Resources: None Soils: Wakula & Urban Land Septic Suitability: Class I (Suitable) & Not Classified Schools: Parsley Elementary 33 34 35 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Regular Item #: 7Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell, Finance Director and Wanda M. Copley, County Attorney Contact: Bruce Shell and Wanda M. Copley SUBJECT: Public Hearing on Refunding of Debt for New Hanover County BRIEF SUMMARY: The Board authorized on April 21, 2003 the application to the Local Government Commission as well as establishing a public hearing on May 5, 2003 in connection with the debt refunding for New Hanover County. The County Commissioners are required to hold a public hearing, adopt the attached order to approve the debt refunding, and direct the Clerk to the Board to advertise such adoption of the proposed debt refunding of the following: $11,985,000 of Solid Waste Disposal Refunding Bonds, Series 1994 $5,415,000 of Public Improvement Refunding Bonds, Series 1994 $16,750,000 of School Bonds, Series 1995 RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold Public Hearing, adopt the attached Order, and direct the Clerk to advertise notice of adoption of order. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: g-FormalFormatNoticeofAdoptionofBondOrder-NHCDebt BondOrder-NHCDebtRefundin REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing. Recommend adoption of the order and direct Clerk to proceed with appropriate advertisements. COMMISSIONERS' ACTIONS/COMMENTS: Approved 36 BOND ORDER AUTHORIZING THE ISSUANCE OF $35,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER WHEREAS, the County of New Hanover (the "County") has issued Solid Waste Disposal Refunding Bonds, Series 1994, dated January 1, 1994 and $11,985,000 of such Bonds maturing in the years 2003 to 2012, inclusive, are outstanding (the "Outstanding Refunding Bonds"); and WHEREAS, the County has issued Public Improvement Refunding Bonds, Series 1994, dated January 1, 1994 and $5,415,000 of such Bonds maturing in the years 2003 to 2009, inclusive, are outstanding (the "Outstanding Public Improvement Refunding Bonds"); and WHEREAS, the County has issued School Bonds, Series 1995, dated September 1, 1995 and $16,750,000 of such Bonds maturing in the years 2004 to 2012, inclusive, are outstanding (the "Outstanding School Bonds"); and WHEREAS, the Board of Commissioners of the County deems it advisable to pay and refund all or a portion of the Outstanding Refunding Bonds, the Outstanding Public Improvement Refunding Bonds and the Outstanding School Bonds, pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as follows: Section 1. The Board of Commissioners of the County has ascertained and hereby determines that it is advisable to pay and refund all or a portion of the Outstanding Refunding Bonds, the Outstanding Public Improvement Refunding Bonds and the Outstanding School Bonds. Section 2. In order to raise the money required to pay and refund the Outstanding Refunding Bonds, the Outstanding Public Improvement Refunding Bonds and the Outstanding School Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the County are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $35,000,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. 37 Section 4. A sworn statement of the County's debt has been filed with the Clerk of the Board of Commissioners and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. th Adopted this the 5 day of May, 2003. [SEAL] NEW HANOVER COUNTY __________________________ ATTEST: Ted Davis, Jr., Chairman ______________________ Clerk to the Board 38 NOTICE OF ADOPTION OF BOND ORDER "BOND ORDER AUTHORIZING THE ISSUANCE OF $35,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF NEW HANOVER" WHEREAS, the County of New Hanover (the "County") has issued Solid Waste Disposal Refunding Bonds, Series 1994, dated January 1, 1994 and $11,985,000 of such Bonds maturing in the years 2003 to 2012, inclusive, are outstanding (the "Outstanding Refunding Bonds"); and WHEREAS, the County has issued Public Improvement Refunding Bonds, Series 1994, dated January 1, 1994 and $5,415,000 of such Bonds maturing in the years 2003 to 2009, inclusive, are outstanding (the "Outstanding Public Improvement Refunding Bonds"); and WHEREAS, the County has issued School Bonds, Series 1995, dated September 1, 1995 and $16,750,000 of such Bonds maturing in the years 2004 to 2012, inclusive, are outstanding (the "Outstanding School Bonds"); and WHEREAS, the Board of Commissioners of the County deems it advisable to pay and refund all or a portion of the Outstanding Refunding Bonds, the Outstanding Public Improvement Refunding Bonds and the Outstanding School Bonds, pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, as follows: Section 1. The Board of Commissioners of the County has ascertained and hereby determines that it is advisable to pay and refund all or a portion of the Outstanding Refunding Bonds, the Outstanding Public Improvement Refunding Bonds and the Outstanding School Bonds. Section 2. In order to raise the money required to pay and refund the Outstanding Refunding Bonds, the Outstanding Public Improvement Refunding Bonds and the Outstanding School Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the County are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $35,000,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. Section 4. A sworn statement of the County's debt has been filed with the Clerk of the Board of Commissioners and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. 39 The foregoing bond order was adopted on the 5th day of May 2003, and is hereby published this ___ day of May 2003. Any action or proceeding questioning the validity of the bond order must be begun within thirty days after the date of publication of this notice. Lucie F. Harrell Clerk of the Board of Commissioners County of New Hanover, North Carolina 40 {This page intentionally left blank} 41 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC PUBLIC HEARING ESTIMATED ITEMS OF BUSINESS Page TIMES No. 8:25 p.m. 1. Non-Agenda Items (limit 3 minutes) 8:30 p.m. 2. Public Hearing on Refunding of Debt for New Hanover County Water and 45 Sewer District 8:35 a.m. 3. Consideration of Bond Order Authorizing the Issuance of $7,000,000 of General 49 Obligation Water and Sewer Refunding Bonds 42 {This page intentionally left blank} 43 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Water & Sewer Item #: 2Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell, Finance Director and Wanda M. Copley, County Attorney Contact: Bruce Shell and Wanda M. Copley SUBJECT: Public Hearing on Refunding of Debt for New Hanover County Water and Sewer District BRIEF SUMMARY: The Board authorized on April 21, 2003 the application to the Local Government Commission as well as establishing a public hearing on May 5, 2003 in connection with the debt refunding for the New Hanover County Water and Sewer District. The County Commissioners are required to hold a public hearing, adopt the attached order to approve the debt refunding, and direct the Clerk to the Board to advertise such adoption of the proposed debt refunding of the $9,430,000 of New Hanover County Water and Sewer District General Obligation Refunding Bonds, Series 1993. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold Public Hearing, adopt the attached Order, and direct the Clerk to advertise notice of adoption of order. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: g-FormalFormatNoticeofAdoptionofBondOrder-NHCW&SDebt BondOrder-NHCW&SDebtRefundin REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct Public Hearing. Recommend adoption of resolution and proceed with debt refunding process. COMMISSIONERS' ACTIONS/COMMENTS: Approved 44 BOND ORDER AUTHORIZING THE ISSUANCE OF $10,500,000 GENERAL OBLIGATION REFUNDING BONDS OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT WHEREAS, New Hanover County Water and Sewer District (the "District") has issued General Obligation Refunding Bonds, Series 1993, dated March 1, 1993 and $9,430,000 of such Bonds maturing in the years 2004 to 2011, inclusive, are outstanding (the "Outstanding Refunding Bonds"); and WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, deems it advisable to refund the Outstanding Refunding Bonds pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, as follows: Section 1. The Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, has ascertained and hereby determines that it is advisable to refund the Outstanding Refunding Bonds. Section 2. In order to raise the money required to refund the Outstanding Refunding Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the District are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $10,500,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk of the Board of Commissioners and of the District and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. th Adopted this the 5 day of May, 2003. [SEAL] NEW HANOVER COUNTY WATER AND SEWER DISTRICT ________________________________ ATTEST: Robert G. Greer, Chairman ______________________ Clerk to the Board 45 NOTICE OF ADOPTION OF BOND ORDER "BOND ORDER AUTHORIZING THE ISSUANCE OF $10,500,000 GENERAL OBLIGATION REFUNDING BONDS OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT" WHEREAS, New Hanover County Water and Sewer District (the "District") has issued General Obligation Refunding Bonds, Series 1993, dated March 1, 1993 and $9,430,000 of such Bonds maturing in the years 2004 to 2011, inclusive, are outstanding (the "Outstanding Refunding Bonds"); and WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, deems it advisable to refund the Outstanding Refunding Bonds pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, as follows: Section 1. The Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, has ascertained and hereby determines that it is advisable to refund the Outstanding Refunding Bonds. Section 2. In order to raise the money required to refund the Outstanding Refunding Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the District are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $10,500,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk of the Board of Commissioners and of the District and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. The foregoing bond order was adopted on the 5th day of May 2003, and is hereby published this ___ day of May 2003. Any action or proceeding questioning the validity of the bond order must be begun within thirty days after the date of publication of this notice. Lucie F. Harrell Clerk of the Board of Commissioners of the County of New Hanover and Clerk, New Hanover County Water and Sewer District, North Carolina 46 {This page intentionally left blank} 47 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Water & Sewer Item #: 3Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell, Finance Director and Wanda M. Copley, County Attorney Contact: Bruce Shell, Finance Director and Wanda M. Copley, County Attorney SUBJECT: Water and Sewer District Regular Agenda Bond Order Authorizing the Issuance of $7,000,000 of General Obligation Water and Sewer Refunding Bonds BRIEF SUMMARY: Due to a drop in interest rates and the maturity of water and sewer bonds, it is feasible for the Water and Sewer District to "refund" $5.795 million of Series 1994 water and sewer bonds. The County will save approximately $300,000 over the remaining eight years to be paid on this debt. The bonds will be sold on May 28, 2003. The District Board is required to introduce a bond order and call for a related public hearing on May 19, 2003. The County Finance Director will file a statement of debt with the Clerk to the District Board prior to the public hearing on May 19, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Introduce bond order and approve public hearing date of May 19, 2003. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: NHCW&S$7millBondOrder-IntroVer-MNHCW&SDistrict-$7millDebtRefundingResolu DRAFTNoticeofPublicHearing-NHCW&S-$7millD REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendations noted above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 48 BOND ORDER AUTHORIZING THE ISSUANCE OF $7,000,000 GENERAL OBLIGATION REFUNDING BONDS OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT WHEREAS, New Hanover County Water and Sewer District (the "District") has issued General Obligation Refunding Bonds, Series 1994, dated January 1, 1994 and $5,795,000 of such Bonds maturing in the years 2004 to 2012, inclusive, are outstanding (the "Outstanding Refunding Bonds"); and WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, deems it advisable to refund the Outstanding Refunding Bonds pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, as follows: Section1. The Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, has ascertained and hereby determines that it is advisable to refund the Outstanding Refunding Bonds. Section 2. In order to raise the money required to refund the Outstanding Refunding Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the District are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $7,000,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk of the Board of Commissioners and of the District and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. 49 RESOLUTION SETTING A PUBLIC HEARING ON THE BOND ORDER AUTHORIZING THE ISSUANCE OF $7,000,000 GENERAL OBLIGATION REFUNDING BONDS NEW HANOVER COUNTY WATER AND SEWER DISTRICT WHEREAS, the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $7,000,000 GENERAL OBLIGATION REFUNDING BONDS OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT," has been introduced at the meeting of the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, held on May 5, 2003 and the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, desires to provide for the holding of a public hearing thereon and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, as follows: (1) The public hearing upon said bond order shall be held on the 19th day of May, 2003, at 9:00 o'clock A.M. in Room 301 in the Historic New Hanover County Courthouse, 24 North Third Street, in Wilmington, North Carolina. (2) The Clerk of the Board of Commissioners and of the District is hereby directed to cause a copy of the bond order to be published with a notice of such hearing in the form prescribed by law in a qualified newspaper no fewer than six days prior to such public hearing. (3) The District's Finance Officer is hereby directed to file with the Clerk prior to publication of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the assessed value of property subject to taxation by the District and the net debt of the District. th This the 5 day of May, 2003. (SEAL) New Hanover County Water and Sewer District ______________________________________ Robert G. Greer, Chairman ATTEST: _________________________ Clerk to the Board 50 DRAFT NOTICE OF PUBLIC HEARING "BOND ORDER AUTHORIZING THE ISSUANCE OF $7,000,000 GENERAL OBLIGATION REFUNDING BONDS OF NEW HANOVER COUNTY WATER AND SEWER DISTRICT" WHEREAS, New Hanover County Water and Sewer District (the "District") has issued General Obligation Refunding Bonds, Series 1994, dated January 1, 1994 and $5,795,000 of such Bonds maturing in the years 2004 to 2012, inclusive, are outstanding (the "Outstanding Refunding Bonds"); and WHEREAS, the Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, deems it advisable to refund the Outstanding Refunding Bonds pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the Bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Local Government Commission has notified the Board that the application has been accepted for submission to the Local Government Commission; NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of New Hanover, sitting as the governing body of New Hanover County Water and Sewer District, as follows: Section 1. The Board of Commissioners of the County of New Hanover, sitting as the governing body of the District, has ascertained and hereby determines that it is advisable to refund the Outstanding Refunding Bonds. Section 2. In order to raise the money required to refund the Outstanding Refunding Bonds as set forth above, in addition to any funds which may be made available for such purpose from any other source, bonds of the District are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $7,000,000. Section 3. A tax sufficient to pay the principal of and interest on said bonds when due shall be annually levied and collected. Section 4. A sworn statement of the District's debt has been filed with the Clerk of the Board of Commissioners and of the District and is open to public inspection. Section 5. This bond order shall take effect upon its adoption. 51 The foregoing bond order has been introduced and a sworn statement of debt has been filed under The Local Government Bond Act showing the assessed value of New Hanover County Water and Sewer District to be $_____________ and the net debt thereof, including the proposed bonds, to be $___________. A tax will be levied to pay the principal of and interest on the bonds if they are issued. Anyone who wishes to be heard on the questions of the validity of the bond order and the advisability of issuing the bonds may appear at a public hearing or an adjournment thereof to be held in Room 301 in the Historic New Hanover County Courthouse, 24 North Third Street, in Wilmington, North Carolina at 9:00 o'clock, A.M., on the 19th day of May, 2003. Lucie F. Harrell Clerk, Board of Commissioners of the County of New Hanover and Clerk, New Hanover County Water and Sewer District 52 {This page intentionally left blank} 53 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Reimbursement of $16,800 from the ROT/Beach Maintenance Fund 57 to the Town of Carolina Beach for the Construction of ?Hatteras Ramps? for Dune Protection 2. Approval for New Hanover Transportation Services to Enter in to an Agreement 67 with Lowe?s Home Centers to Establish a Shuttle Stop and Park-and-Ride Facility 3. Approval for the Retired and Senior Volunteer Program (RSVP) to Apply for a 71 Program of National Significance Grant in the Amount of $45,000 4. Approval of Procurement of Vitals Software from Hart InterCivic, Inc. in the 75 Amount of $72,597, as a Sole Source Procurement Through an Amendment to Contract #00-0282 and Authorize the County Manager to Sign Contract Amendment 5. Approval of Pre-application Proposal for the N. C. Public Beach and Waterfront 81 Access Program Approval of Budget Amendments: 6.1 #03-0168 87 6.2 #03-0171 89 6.3 #03-0173 91 6.4 #03-0174 93 6.5 #2003-37 95 54 {This page intentionally left blank} 55 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Consent Item #: 1Estimated Time:Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Approval of Reimbursement of $16,800 from the ROT/Beach Maintenance Fund to the Town of Carolina Beach for the Construction of "Hatteras Ramps" for Dune Protection BRIEF SUMMARY: The Town of Carolina Beach has requested reimbursement of $16,800 for the construction of two "Hatteras ramps" to allow vehicles access to the beach. The Ports, Waterway and Beach Commission, as indicated by the attached documentation, has endorsed this recommendation. Funding will come from the Room Occupancy Tax Fund. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Commissioners approve the request. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 56 57 58 59 60 61 62 63 64 65 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Consent Item #: 2Estimated Time:Page Number: Department: County Manager Presenter: Pat Melvin Contact: Allen O'Neal SUBJECT: Approval for New Hanover Transportation Services to Enter into an Agreement with Lowe's Home Centers, Inc. to Establish a Shuttle Stop and Park-and-Ride Facility BRIEF SUMMARY: New Hanover Transportation Services (NHTS) and the Wilmington Transit Authority (WTA), through a collaborative partnership, will provide a shuttle for the pilot park-and-ride program from the Lowe's store in Monkey Junction. The park- and-ride shuttle will operate twice a day Monday through Friday providing transportation from the Lowe's parking lot to the downtown area. The park-and-ride program is a creative solution to reduce the number of single occupant automobiles during the morning and afternoon peak demand hours. The proposed agreement between Lowe's Home Centers, Inc. and the County for the use of a portion of their parking lot for the park-and-ride project is attached. The agreement has been reviewed and approved by the County legal department. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of the agreement. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: greement LowesA REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 66 Lowe?s Home Centers, Inc. Shuttle Stop and Park and Ride Lot License Agreement This agreement made and executed as of this _____ day of , 2003, between the Wilmington Transit Authority ("WTA"), an agency of the City of Wilmington ("City"), a North Carolina municipal corporation, New Hanover, a North Carolina body corporate and politic, and Lowe?s Home Centers, Inc. Store #1138 located at 5110 S. College Road, Wilmington, North Carolina hereinafter referred to as ?Lowe's?. Witnesseth: WHEREAS, the Wilmington Regional Transportation Demand Management program ("TDM program") is a joint effort of the City of Wilmington and the North Carolina Department of Transportation to reduce traffic congestion by developing transportation alternatives and promoting their use to area residents; and WHEREAS, one of the initiatives of the TDM program is the development of a park-and-ride facility with express shuttle service to major employers; and WHEREAS, it has been determined that the Monkey Junction (US 421/NC 132) area is suitable for the location of a park-and-ride lot and the origin of the accompanying shuttle service; and WHEREAS, both the WTA and the New Hanover County Transit Service will provide shuttle service to the park-and-ride lot; and WHEREAS, Lowe's is willing to grant the WTA and New Hanover County permission to establish a shuttle service stop at its store #1138 located at 5110 S. College Road, Wilmington, North Carolina and to permit the use of a portion of the parking lot at said store as a park-and-ride facility; NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows, 1. Lowe?s hereby allows and conveys to the WTA and New Hanover County on a non-exclusive basis the use of a portion of its property as shown on Exhibit ?A? (the ?Park & Ride facility?) for the sole purpose of operating a park-and-ride parking facility for the parking of passenger vehicles by the WTA's and New Hanover County's shuttle passengers including the location of shuttle stops. Lowe's shall have no duty under this Agreement to provide security for the vehicles parked on the property for "Park & Ride" purposes. 2. The initial term of the agreement shall be for a period of two (2) years, but may be renewed at the option of Lowe?s for additional periods of up to two (2) years each upon agreement with the WTA and New Hanover County. 3. WTA and New Hanover County will be responsible for all maintenance and upkeep of "Park & Ride" facility, and it shall be maintained in a clean and safe manner consistent with first class shopping centers in Eastern North Carolina. If WTA and New Hanover County fail to properly maintain the "Park & Ride" facility after (2) two days written notice from Lowe?s, Lowe?s may remove any unclean or unsafe condition and WTA and New Hanover County shall reimburse Lowe?s the cost to remove the condition within (10) ten days. 4. Upon execution of this agreement, WTA and New Hanover County and / or their agents, consultants and engineers shall have permission to enter into the Lowe?s property for the purpose of performing design work associated with the "Park & Ride" facility. WTA and New Hanover County shall have permission to enter onto Lowe?s property for the purpose of constructing the "Park & Ride" facility and evaluating the performance of transit services being performed. 67 5WTA and New Hanover County shall consult with Lowe?s and / or its appointed agents during the design . and placement of the "Park & Ride" facility and Lowe?s shall approve plans before construction. 6. Transit Vehicles providing shuttle services shall follow a route as outlined in Exhibit "A". The majority of "Park & Ride" use is expected to occur between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, although parking may occur at any time during scheduled shuttle operating hours. Lowe?s shall have the option of canceling this contract with sixty days (60) written notice. Lowe?s shall also have right to relocate the location of the ?Park & Ride? facility to another location on its property with ten (10) days written notice to WTA and New Hanover County. 7. This agreement shall be binding upon the parties hereto, and their respective successors and assigns. 8. Nothing in this agreement shall obligate WTA, the City or New Hanover County to expend any funds in excess of funds already appropriated for installation and maintenance of the "Park & Ride" facility. However this Agreement shall terminate immediately if Lowe?s does not approve the design and plans. 9. The WTA's and New Hanover County shuttle vehicles shall at all times comply with Lowe?s rules and posted speed limits through the parking lot. 10. The City and New Hanover County shall maintain with respect to their use of the property a policy of commercial general liability insurance with a limit of a least One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) in aggregate, in companies qualified to do business in the State of North Carolina, insuring the City and New Hanover County against injury to persons or damage to property. The City and New Hanover County shall furnish Lowe's a certificate of such insurance prior to the commencement of the term. Such policy shall, to the extent obtainable, provide that it may not be changed or canceled without at least ten (10) days' prior written notice to each insured. Lowe?s Home Centers, Inc. Store #1138 shall be named as additional insured on said policies. 68 In witness whereof, the parties hereto have caused this agreement to be executed by their duly authorized officers. LOWE?S HOME CENTERS, INC. By: ________________________________ Vice President WILMINGTON TRANSIT AUTHORITY By: _________________________________ Chairman CITY OF WILMINGTON By: _________________________________ City Manager NEW HANOVER COUNTY By: _________________________________ County Manager Approved as to form: Approved as to form: ___________________ _____________________ City Attorney County Attorney 030503L/P&Ragmt030503/U 69 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Consent Item #: 3Estimated Time:Page Number: Department: Aging Presenter: Bunnie Brush and Annette Crumpton Contact: Annette Crumpton SUBJECT: Request permission for the Retired and Senior Volunteer Program (RSVP) to apply for a Program of National Significance grant in the amount of $45,000 BRIEF SUMMARY: The Corporation for National Services, the federal funding source for the Retired and Senior Volunteer Program (RSVP), has made expansion grants available to current RSVP sponsors which will allow local projects to expand their federal funding levels. Our proposal will include a project involving RSVP volunteers in "Homeland Security" as defined by the Corporation along with disaster preparedness and recovery. Application will be in the amount of $45,000. No cash match is required from the County. A copy of the grant application is available for review in the County Manager's office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of request to apply for Program of National Significance grant from the Corporation for National Service to expand RSVP funding level in the amount of $45,000 and to accept grant and if approved, related budget amendment if grant is awarded. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 1 part time temporary Explanation: The grant will cover salary and FICA for one part time temporary employee 20 hours per week to coordinate the Homeland Security program. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 70 71 72 73 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Consent Item #: 4Estimated Time:Page Number: Department: Register Of Deeds Presenter: Contact: Amy Akin SUBJECT: Approve procurement of Vitals software from Hart InterCivic, Inc. in the amount of $72,597, as a sole source procurement through an amendment to contract #00-0282 and authorize the County Manager to sign contract amendment BRIEF SUMMARY: The acquisition of the Vitals software is part of the upgrade of the Register of Deeds applications. The Vitals software will provide a platform for efficient work flow and enable the Register of Deeds to serve the public more efficiently. The Information Technology Department and the Register of Deeds Office have developed a detailed scope of work for this particular project and are ready to move forward. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt attached resolution awarding procurement of the Vitals software from Hart InterCivic, Inc. in the amount of $72,597 as a sole source procurement, approve attached contract amendment and authorize the County Manager to sign contract amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: The funding for this project is available through the Register of Deeds Automation Enhancement and Preservation Fund (115-410-4180-6399). This fund was approved and established at the Board of Commissioners meeting on March 10, 2003. ATTACHMENTS: The resolution and contract amendment are attached. o00-0282 Amendment # 2 to Contract fo 00-0282 Vitals res REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. 74 COMMISSIONERS' ACTIONS/COMMENTS: Approved 75 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, the implementation of the Vitals 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 Vitals 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, pursuant to General Statute 161-11.3. regarding Automation Enhancement and Preservation Fund, funds to be used for this project are available in account # 115-410-4180-6399; AND WHEREAS, the Vitals enabled software project through Hart InterCivic, Inc. totals seventy-two thousand five hundred ninety-seven dollars ($72,597.00); AND WHEREAS, the Registrar, the Finance Director, the Information Technology Director and the County Manager recommend that the contract for the purchase Vitals 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 seventy-two thousand five hundred ninety-seven dollars ($72,597.00); NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for acquisition of an Vitals enabled software be awarded to Hart InterCivic, Inc. in the amount of seventy-two thousand five hundred ninety-seven dollars ($72,597.00); 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. This 5th day of May, 2003. (SEAL) _______________________________________ Chairman, Board of County Commissioners ATTEST: _________________________________ Clerk to the Board 76 AMENDMENT # 2 To Integrated Information and Imaging System Agreement Between Hart Information Services, Inc. and New Hanover County New Hanover CountyHart Information Services, WHEREAS, , North Carolina (?County?) and Inc., now known as Hart InterCivic, Inc. (?Hart?) have entered into a Proprietary Software License and New Hanover County Contract # 00-0282 Maintenance Agreement dated February 28, 2000, , (?Agreement?) for Integrated Information and Imaging System pursuant to which all work has been completed and all payments made; AND WHEREAS, an Anthem Software Upgrade and Migration to Version 6 for the Integrated Information and Imaging System pursuant to which all work has been completed and all payments made; AND WHEREAS, the County is currently implementing the new automated indexing module, aiINDEX, of the currently installed software; AND WHEREAS, the County desires to implement the Hart InterCivic Anthem Vitals 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 # 2 and incorporated herein by reference; AND WHEREAS, County and Hart have agreed to modify the Agreement to include the County=s acquisition of the Hart InterCivic Anthem Vitals Module, 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 and the previous Amendment are incorporated herein and form a part of this Amendment # 2. 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 Amendment # 2 and the Agreement, this Amendment # 2 shall govern and control. 77 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 seventy-two thousand five hundred ninety-seven dollars ($72,597.00) 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 Software: Hart InterCivic Anthem Vitals Module Licensor: Hart InterCivic 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: Allen O?Neal Name: Name: County Manager Title: Date: Date: Exhibit 1 B Statement of Work for Implementation of Vitals Module 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 78 {This page intentionally left blank} 79 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Consent Item #: 5Estimated Time:Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe SUBJECT: Presentation of Preapplication Proposal for the N.C. Public Beach and Waterfront Access Program BRIEF SUMMARY: Through the Hazard Mitigation Grant Program, the County purchased a 7 acre parcel using State funds, including an island off the Intra Coastal Waterway earlier this year. A house sits on the property. As a condition of the grant program the house cannot be used. The house also cannot be moved easily. The State will pay for the house to be torn down, however. The property cannot be sold. The property provides an excellent access to the Waterway in an area where there currently is none and provides a beautiful view of Masonboro Island. The property has great potential as a passive waterfront park. There have been no objections from neighbors to date. Several vacant parcels of land exist on the landward side of this site which could provide parking for the facility. The CAMA Public Beach and Waterfront Access Program requires a preliminary application to be submitted by May 16th. The County would have to contribute at least 25% of the total project cost and at least half of the County?s contribution would have to be cash if the grant is approved. Staff received the pre-grant application approximately a week ago. It is due May 16. Submittal of the grant application does not obligate the County in any way. Before staff would submit a final application, staff would obtain input from the Parks Advisory Board and develop more detailed plans and cost estimates for acquisition, development, and maintenance. The final package would be brought to the Board for approval at a later date. It is very difficult to give a good cost estimate at this early stage, especially since it involves property acquisition. Again, however, the County is not making a formal commitment with this pre-application package. Please see the attached maps. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the planning and parks departments to develop a preliminary application for acquisition of additional land to this site. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: (2 maps) REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: 80 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 81 82 83 84 {This page intentionally left blank} 85 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Budget Amendment Consent Item #: 6.1Estimated Time:Page Number: DEPARTMENT: Non-Departmental BUDGET AMENDMENT #: 03-0168 ADJUSTMENT DEBIT CREDIT Contingencies $24,282 City of Wilmington $24,282 EXPLANATION: To transfer funds from Contingency to fund the County's share of the External Cordon Survey Project which is being conducted on behalf of the Wilmington Urban Area Metropolitan Planning Organization (MPO). The purpose of the External Cordon Survey project is to determine origin and destination of travelers entering, leaving, or simply passing through the greater Wilmington area. This project will provide data that is critical to the development of the Regional Travel Demand Model and subsequently the Long Range Transportation Plan. Completion of the Long Range Transportation plan is a requirement for the continued receipt of federal transportation funds to the Wilmington area. These travel surveys are typically only necessary once every 20 or more years. ADDITIONAL INFORMATION: With approval of this transfer, the remaining balance in contingencies will be $159,468 APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 86 {This page intentionally left blank} 87 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Budget Amendment Consent Item #: 6.2Estimated Time:Page Number: DEPARTMENT: Juvenile Day Reporting Center-Schools BUDGET AMENDMENT #: 03-0171 ADJUSTMENT DEBIT CREDIT Contribution from Schools $65,686 Salaries $53,000 Supplies $12,686 EXPLANATION: To increase budget as a result of an increase in funding provided by New Hanover County Schools. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 88 {This page intentionally left blank} 89 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Budget Amendment Consent Item #: 6.3Estimated Time:Page Number: DEPARTMENT: Fire Services District BUDGET AMENDMENT #: 03-0173 ADJUSTMENT DEBIT CREDIT Installment Loan Proceeds $1,316,901 Installment Lease Payments $1,316,901 EXPLANATION: To budget proceeds from Certificates of Participation Series 2003 to pay off installment debt for pumper tanker and Federal Point Volunteer Fire Department. For accounting purposes only. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 90 {This page intentionally left blank} 91 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Budget Amendment Consent Item #: 6.4Estimated Time:Page Number: DEPARTMENT: General Fund BUDGET AMENDMENT #: 03-0174 ADJUSTMENT DEBIT CREDIT Installment Loan Proceeds $3,850,000 Installment Lease Payments $3,850,000 EXPLANATION: To budget proceeds from Certificates of Participation Series 2003 to pay off installment debt for the County owned annex at Market Place Mall. For accounting purposes only. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 92 {This page intentionally left blank} 93 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 05/05/03 Budget Amendment Consent Item #: 6.5Estimated Time:Page Number: DEPARTMENT: Mason's Inlet/Room Occupancy Tax BUDGET AMENDMENT #: 2003-37 ADJUSTMENT DEBIT CREDIT Mason's Inlet - Maintenance Transfer in from ROTS $26,000 Extended Project Expense $26,000 Room Occupancy Tax Fund Appropriate Fund Balance $26,000 Transfer to Capital Projects $26,000 EXPLANATION: To budget additional transfer from Room Occupancy Tax Fund to Mason's Inlet Project for maintenance. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 94