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Agenda 2003 06-02 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 June 2, 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 Approval of Funding for Master Plan of a Joint Fire Training 5 Facility Public Hearings 6:00 p.m. 2.1 Zoning Text Amendment - Request by Planning Staff to Amend Section 72-29 9 of the Zoning Ordinance Regarding Special Use Permits for Dwelling Units Contained Within the Principle Use. (A-327, 05/03) 6:05 p.m. 2.2 Special Use Permit - Request by the North Carolina Coastal Land Trust to 13 Permit a Dwelling Unit Within a Principle Use in an I-2 Heavy Industrial Zoning District Located on 477 Acres of Property on the West Side of US Highway 421 Between the North Cape Fear River Bridge and the Rail Road Bridge. (S-501, 05/03) 6:15 p.m. 2.3 Special Use Permit - Request by Todd Byrd to Consider a Special Use Permit 19 for the Placement of a Single Wide Mobile Home in an R-20 Residential Zoning District located at 2415 Oakley Road, Wrightsboro Community. (S-502, 06/03) 6:20 p.m. 2.4 Road Closing - Request by Attorney Jim Snow for Webster Trask to Consider 25 Closing a Portion of Five Acre Road Located North of the 6500 Block of Murrayville Road. The Board of County Commissioners adopted the Resolution of Intent to Close a Portion of Five Acre Road on April 7, 2003. (SC-79, 03/03) 6:30 p.m. 3. * Consideration of Recommended Funding to Specific Organizations 33 7:00 p.m. and Public Hearing on the FY2003-2004 Recommended Budget 7:30 p.m. Break 7:40 p.m. 3. Continue Public Hearing on the FY2003-2004 Recommended Budget * Each person or organizational representative will be allowed three minutes to comment on the proposed FY2003-2004 budget. The total public comment period will not exceed one hour. 8:00 p.m. 4. Second Reading35 Amendments to Solid Waste Ordinance, Chapter 44 8:10 p.m. 5. Consideration of Resolution for Final Approval - New Hanover County 45 General Obligation Bonds in an Amount Not To Exceed $35,000,000 8:20 p.m. 6. Meeting of the Water and Sewer District47 8:45 p.m. Non-Agenda Items (limit three 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 ITEMS OF BUSINESS Page No. 1. Non-Agenda Items (limit three minutes) 2. Approval of Minutes49 3. Consideration of Resolution for Final Approval - New Hanover County 51 Water and Sewer District General Obligation Bonds in an Amount Not to Exceed $17,500,000 4. Consideration of Resolution for Condemnation for Sewer Easement53 3 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes59 61 2. Approval of the Use of School?s Capital Outlay Fund Balance for School Projects 65 3. Approval of Amendments to the Airlie Gardens Foundation By-Laws 4. Approval of Resolution Requesting the Addition of Granny Road Extension to the 71 State Road System 5. Approval of Local Governmental Resolution Authorizing Application for Law 73 Enforcement Equipment Funding 6. Approval of Request to Ratify Acceptance of an Additional HUD Grant Awarded 77 to Human Relations and Associated Budget Amendment 03-0206 7. Approval to Accept the Standard EEOC Grant FY02-03 and Associated Budget 79 Amendment 03-0205 Approval of Budget Amendments: 8.1 #03-019981 83 8.2 #03-0202 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Regular Item #: 1Estimated Time:Page Number: Department: Fire Services Presenter: Donnie Hall Contact: Donnie Hall SUBJECT: Consideration of Approval of Funding for Master Plan of a Joint Fire Training Facility BRIEF SUMMARY: Wilmington International Airport, Cape Fear Community College, City of Wilmington and New Hanover County Department of Fire Services have jointly conducted work sessions on the feasibility of constructing a joint fire fighter training facility in New Hanover County. Property has been identified by the Airport. It is anticipated that property for the facility will be provided by the Airport and that Cape Fear Community College will be able to secure capital funding from the State for construction. The faculty would be supported by user fees for training. The next phase of the project will be development of a master plan, at an estimated cost of $25,000. This cost will be shared equally by the County and City. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the County Commissioners approve funding in the amount of $12,500 to jointly fund the master planning phase of this project. The City will provide an additional $12,500. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funding has been identified in the Fire Services District Budget this year that could be used for this project. ATTACHMENTS: Short Presentat REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear Presentation. Strongly recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 5 6 7 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Regular Item #: 2.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: A-327, 05/03 Amend Section 72-29 of the Zoning Ordinance Allowing Special Use Permits for Dwelling Units Contained Within the Principal Use in Conservation Areas BRIEF SUMMARY: In an effort to reduce illegal dumping, hunting and other illicit activities on conservation property in commercial/industrial districts, it would be useful to have a caretaker reside on the premises provided that the language of an associated conservation easement allows a dwelling on the property. Staff recommends the text amendment above to allow the construction of a single dwelling unit for the purpose of maintaining conservation easements. Such use would only be allowed by Special Use Permit. The Planning Board also voted to approve an unrelated minor housekeeping amendment as shown on the attached document. RECOMMENDED MOTION AND REQUESTED ACTIONS: Several Board members were concerned about how this amendment would affect conservation lands and where the special use permit requirements applied. Staff explained that the amendment would only affect those properties with conservation easements in commercial and industrial districts where dwelling units are not permitted by right in the underlying zoning district classification. After some discussion the Board voted 4-0 to recommend approval. The Planning Board also voted to approve the unrelated minor housekeeping amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: A-327 Caretaker dwe ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 9 CASE : A-327, 05/03 APPLICANT: Planning Staff REQUEST: Amendsection 72-29 of the Zoning Ordinance regarding Special Use Permits for dwelling units contained within the principal use. If approved Section 72-29 would be amended to add item (10) to the ordinance. The underlined text shown below would be added: PLANNING BOARD RECOMMENDATION 05/01/03: Several Board members were concerned about how this amendment would affect conservation lands and where the special use permit requirements applied. Staff explained that the amendment would only affect those properties with conservation easements in commercial and industrial districts where dwelling units are not permitted by right in the underlying zoning district classification. After some discussion the Board voted 4-0 to recommend approval of the addition of item (10) below. (As a minor housekeeping amendment, the Board also recommends amending item (3) below to say that the front yard setback shall conform to the underlying district front yard setback.) 72-29: A dwelling unit incidental to and contained in the same building as the principal use provided that: (1) The purpose of this provision is to allow close physical proximity required by the owner-operator or a full time employee to effectively transact a small business and yet maintain economically and safely a family dwelling unit within the same structure; (2) The dwelling unit shall be occupied solely by the person engaged in the principal use, a full time employee, or their family members residing with them; (3) The building shall meet the minimum side and rear yard requirements of the R-15 (single family) district in all cases. The front yard shall conform to the requirements of the appropriate B-1 or B-2 district underlying zoning district. (4) The site shall provide an area of open space, unobstructed by any buildings, parking or structures, equal to the total floor space of the dwelling unit; (5) The amount of floor area for the dwelling unit shall be not more than fifty percent (50%) of the total floor area of the principal use; (6) The dwelling unit shall be located totally above the ground floor or totally to the rear of the principal use so as not to interrupt the commercial frontage; (7) In addition to the required off-street parking for the principal use, two (2) off-street parking spaces shall be provided for the dwelling unit; and (8) A site plan and a building layout plan shall be presented with any Special Use Permit application. (5/7/79) (9) A mobile home may be used as a separate and unattached residential structure under this provision, provided: (A) An area of l5,000 sq. ft. can be designated for the use of residents, free from any use or activity needed to operate the business, and; (B) The mobile home shall be screened from view by adjacent properties or rights-of-way as specified in Section 67 of this Ordinance, and; (C) Items 2, 3, 6, 7 and 8 above shall be incorporated in the site review and approval of this subsection. (11/5/79) 10 (10) A single family dwelling unit may be constructed under this provision as a caretakers home for the enforcement and maintenance of conservation areas, provided: (A) The dwelling shall be occupied solely by the person engaged in the maintenance of the conservation land, an employee of the organization holding the conservation easement, or their family members residing with them. (B) The Conservation Easement allows a residence on the designated conservation land. (C) Items 3 and 8 above shall be incorporated in the site review and approval of this subsection. STAFF SUMMARY With the growing number of conservation lands in the County it has come to staff?s attention that enforcement and maintenance of these conservation areas is difficult for some of the owners of this open space. In an effort to reduce illegal dumping, hunting and other illicit activities on the property it would be useful to have a caretaker reside on the premises provided that the language of the associated conservation easement allows a dwelling on the property. Staff recommends the text amendment above to allow the construction of a single dwelling unit for the purpose of maintaining conservation easements. Such use would only be allowed by Special Use Permit. 11 {This page intentionally left blank} 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Regular Item #: 2.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: S-501, 05/03 A Dwelling Unit Incidental To the Principal Use BRIEF SUMMARY: Consideration of this agenda item is dependent upon approval of the previous text amendment item, A-327. Bruce Watkins presented the request on behalf of the Coastal Land Trust. The purpose is to establish a caretaker residence within a Conservation Easement on property zoned I-2 Heavy Industrial. The property shown on the attached location map is off of 421 North. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board questioned the petitioner how one family would be able to patrol such a large piece of property. Some members of the Planning Board were concerned that the information shown on the site plan was not sufficient. The Board also wanted official comments from the Sheriff's Department regarding concerns relating to the nearby shooting range. After further discussion the Board voted 2-2 on a motion to approve the petition as submitted. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: S-501 Finding of FS-501 Pet Sum ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 13 Case: S-501, 05/03Applicant: North Carolina Coastal Land Trust SPECIAL USE PERMIT FOR: A Dwelling Unit Incidental To the PrincipalUse Bruce Watkins presented the request on behalf of the Coastal Land PLANNING BOARD RECOMMENDATION 05/01/03: Trust. The Planning Board questioned the petitioner how one family would be able to patrol such a large piece of property. Some members of the Planning Board were concerned that the information shown on the site plan was not sufficient. The Board also wanted official comments from the Sheriffs department regarding concerns relating to the nearby shooting range. After further discussion the Board voted 2-2 on a motion to approve the petition as submitted. Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A.The subject property is located within the 421 North Fire District. B.Proposed access to the site is from US 421 C.The site is served by private water and sewer. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A.One dwelling unit is proposed on the 477 acre site B.The proposed location meets all setback requirements C.The dwelling shall be occupied solely by the person engaged in the maintenance of the conservation land, an employee of the organization holding the conservation easement, or their family members residing with them. D.The petitioner has stated that a dwelling unit is permitted within the Conservation Easement. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A.The subject property is located in an I-2 Heavy Industrial District. B.The subject property is more than 400 acres. C.Nearby properties are used for industrial purposes. There is also an outdoor shooting range approximately 3,000 feet south of the subject property. 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 Conservation by the New Hanover County Comprehensive Plan. The purpose of the conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while protecting the rights of the property owner. B.The proposed dwelling unit is for a caretaker who will help protect the conservation easement from illegal dumping, hunting, and other illicit activities. Planning Staff Concerns: 1) The proposed dwelling unit is within 6/10 of a mile from the sniper range on the adjacent property. Sheriffs Department Comments: After visiting with Baird Stewart and Dexter Hayes and looking at the proposed plans, I offer these observations. It was never our intent to use land adjacent to the firing range as an impact area. All ranges were constructed to contain all projectiles on our property and proper safety rules are in effect to help with this. But it made designing the ranges simpler, knowing that the adjacent land would never be developed. The additional safety factor offered by having this unoccupied land to contain an accidental discharge that leaves the property is a definite plus. According to the aerials, the proposed site is @3000 feet north of the shooting positions of the sniper range. It would be my suggestion that the building site be moved as far north as possible to maximize the safety factor. I hope this helps you in this matter. 14 15 16 17 Case: S-501, 05/03 Petition Summary Data Owner/Petitioner: North Carolina Coastal Land Trust Existing Land Use: Vacant Zoning History: July 1972 (Area 9A) Land Classification: Conservation Water Type: Well Sewer Type: Septic Recreation Area: USS North Carolina Battleship Memorial Access & Traffic Volume: 13,000 US 421 North of the North Bridge (2001 ADT) Fire District: 421 North Fire District Watershed & Water Quality Classification: Cape Fear River Aquifer Recharge Area: Chiefly a discharge area for ground-water flow Conservation/Historic/Archaeologic Resources: Swamp Forest Soils: Dorovian Septic Suitability: Class IV (Unsuitable) Schools: Parsley Elementary 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Regular Item #: 2.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: S-502, 06/03 Special Use Permit for: A Single Wide Mobile Home in an R-20 Residential District BRIEF SUMMARY: The applicant, Todd Byrd, is requesting to place a single wide mobile home on his vacant property located in an R-20 Residential District, located at 2415 Oakley Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: See attached Preliminary Staff Findings. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: g of FS-502 Pet Sum S-502 Findin ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Boseman no 19 Case: S-502, 06/03 Special Use Permit for: A Single Wide Mobile Home in an R-20 Residential District Applicant: Todd Byrd Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Wrightsboro VFD. B. The site will be served by private well and septic. C. Access to the site is from Oakley Road. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R-20 Residential Zoning District. Minimum setbacks for structures can be met. B. Singlewide mobile homes are permitted by special use permit in the R-20 Residential Zoning District. C. The mobile home will be located on a 10,000 square foot existing lot of record. D. One other mobile homes exist nearby. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. The area has a rural character. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B. Mobile homes are located on similar properties in the area. 20 S-502, 06/03 Case: Petition Summary Data Owner/Petitioner: Todd Byrd Existing Land Use: Vacant Zoning History: July 1 1974 (10A) Land Classification: Resource Protection Water Type: Private Well Sewer Type: Septic Recreation Area: Cape Fear Optimist Park Access & Traffic Volume: 15,000 Castle Hayne Rd (2001 ADT) Fire District: Wrightsboro Watershed & Water Quality Classification: Ness Creek C(SW) Aquifer Recharge Area: Secondary Recharge Area Conservation/Historic/Archaeologic Resources: None Soils: Onslow Septic Suitability: Class II (Moderate Limitations) Schools: Alderman Elementary 21 22 23 {This page intentionally left blank} 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Regular Item #: 2.4Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: SC-79, 02/03 Request to Close a Portion of Five Acre Road BRIEF SUMMARY: Web Trask, on behalf of the School Board, has petitioned the County to close an approximate 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, the Board of Commissioners adopted a Resolution of Intent to close the road segment on April 7, 2003. A site map depicting the segment of road to be closed is attached along with an illustration of the proposed Murrayville Road Elementary School site and aerial photo. RECOMMENDED MOTION AND REQUESTED ACTIONS: Based on a broader view of the area, between Murrayville Road and north to The By-Pass, staff continues to be concerned that if the road segment is closed, access options for adjoining landowners, along with future divisions of adjacent properties abutting Murrayville Road will become more difficult as additional traffic is generated. Additional demands will be placed on the proposed school site and existing street network. Knowing the uncertain time table of future land development and road designs for the surrounding properties along with the realization that leaving the road in its current state will not jeopardize the construction or access to the school campus, Planning staff recommends that the Five Acre Road segment remain open. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: SC-79.do ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Postponed to July 7, 2003 at request of applicant 25 Request: Close Portion of Five Acre Road (SC - 79, 02/03) Petitioner: Webster Trask Location: North of the 6500 Block Murrayville Road General Comments Web Trask on behalf of the School Board has petitioned the County to close an approximate 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, the Board of Commissioners adopted a Resolution of Intent to close the road segment on April 7, 2003. A site map depicting the segment of road to be closed is attached along with an illustration of the proposed Murrayville Road Elementary School site and aerial photo is attached. Staff Observations As depicted on the attached site map displaying adjoining land owners, this segment of Five Acre Road consists of an unimproved 30 foot right of way. Several of these lots currently have access through an unnamed road to the east. Other properties have direct access off 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 as well as acreage tracts north of parcel 5 (proposed school site) need to be considered. Future subdivisions of adjacent properties abutting Murrayville Road will also result in additional road connections and access improvements to allow better service delivery & emergency response. A narrative by Attorney Snow outlining why a portion of Five Acre Road should be closed is attached. Staff Recommendation The proposed Murrayville Road Elementary School site layout provides adequate ingress and egress through a proposed 60 foot access and utility easement from Murrayville Road to and through the school campus. An agreement with the Department of Transportation (NCDOT) indicates that the 60 foot easement will be dedicated in the future as a public road right of way. Improvements to Murrayville Road may be required by NCDOT. Based on a broader view of the area, (between Murrayville Road and north to The By-Pass), staff continues to be concerned that if the road segment is closed, access options for adjoining landowners, along with future divisions of adjacent properties abutting Murrayville Road will become more difficult as additional traffic is generated. Additional demands will be placed on the proposed school site and existing street network. Knowing the uncertain time table of future land development and road designs for the surrounding properties along with the realization that leaving the road in its current state will not jeopardize the construction or access to the school campus, Planning staff recommends that the Five Acre Road segment remain open. 26 27 28 29 30 31 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Regular Item #: 3Estimated Time:Page Number: Department: Governing Body Presenter: Chairman Davis Contact: Allen O'Neal, County Manager Cam Griffin, Budget Director SUBJECT: Review Recommended Funding With Specific Organizations and Hold a Public Hearing on the FY 2003-2004 Recommended Budget BRIEF SUMMARY: Beginning at 6:30 p.m., on June 2, 2003, the Board of County Commissioners will review FY 2003-2004 recommended funding with specific organizations and hold a public hearing at 7:00 p.m. to receive public comments on the FY 2003-2004 Recommended Budget. Following is a list of organizations scheduled to address the Board of County Commissioners: New Hanover County Schools Cape Fear Community College Health Department Southeastern Center Public Hearing on FY 2003-2004 Recommended Budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Begin at 6:30 p.m. on June 2, 2003, to review FY 2003-2004 recommended funding with specific organizations and hold a public hearing at 7:00 p.m. to receive public comments on the FY 2003-2004 Recommended Budget. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with Budget Director's recommendations. COMMISSIONERS' ACTIONS/COMMENTS: Heard 33 {This page intentionally left blank} 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Regular Item #: 4Estimated Time:Page Number: Department: Legal Presenter: Holt Moore, Assistant County Attorney and Ray Church, Environmental Management Director Contact: Holt Moore and Ray Church SUBJECT: Second Reading Amendments to Solid Waste Ordinance, Chapter 44 BRIEF SUMMARY: This is the second reading of the proposed amendments to Chapter 44 of the County Code, pertaining to solid waste, which are an integral part of the mandatory residential collection system the Board has asked staff to create for its consideration, and will be necessary for the system to be put into place. A second reading is required because it did not pass unanimously at the May 19, 2003 meeting. The proposed ordinance almost completely mirrors the City of Wilmington solid waste ordinance. The proposed ordinance has been distributed to the haulers for comment. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and adopt the proposed ordinance amendments. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: n SolidWasteOrdinance6-2-03Ame REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Second reading required. Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 3-2 (Greer, Caster no) 35 36 37 38 39 40 41 42 43 {This page intentionally left blank} 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Regular Item #: 5Estimated 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: Regular Agenda Resolution for Final Approval - New Hanover County General Obligation Bonds in an amount not to exceed $35,000,000 BRIEF SUMMARY: On April 21, 2003 a bond order authorizing General Obligation refunding bonds in an amount not to exceed $35,000,000 was introduced to the Board. The public hearing was held on May 5, 2003 at which the bond order in connection with this issuance was approved. At the May 19, 2003 meeting the Board approved the issuance of the bonds in an amount not to exceed $35,000,000. The bonds were sold by the Local Government Commission on May 28, 2003. The Board is now required to consider approval of the resolution confirming the final results of the May 28, 2003 sale and approval of the escrow deposit agreement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and approve resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Resolution and escrow deposit agreement will be distributed to County Commissioners and staff upon receipt from bond counsel. REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval of resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 45 {This page intentionally left blank} 46 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 three minutes) 2. Approval of Minutes 49 3. Consideration of Resolution for Final Approval - New Hanover County 51 Water and Sewer District General Obligation Bonds in an Amount Not to Exceed $17,500,000 4. Consideration of Resolution for Condemnation for Sewer Easement 53 47 {This page intentionally left blank} 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Water & Sewer Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell Item Does Not Require Review SUBJECT: Water and Sewer Agenda - Approval of Minutes BRIEF SUMMARY: Approve the following set of minutes: April 21, 2003 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve minutes. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 49 {This page intentionally left blank} 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 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 Agenda Resolution for Final Approval - New Hanover County Water and Sewer District General Obligation Bonds in an amount not to exceed $17,500,000 BRIEF SUMMARY: On April 21, 2003 a bond order authorizing General Obligation refunding bonds in an amount not to exceed $10,500,000 was introduced to the Water and Sewer District Board. The public hearing was held on May 5, 2003 at which time the bond order in connection with this issuance was approved. A bond order authorizing General Obligation refunding bonds in an amount not to exceed $7,000,000 was also introduced to the District Board at the May 5, 2003 meeting. The District Board held a public hearing during the May 19, 2003 meeting and approved the bond order in connection with the $7,000,000 issuance. The District Board on May 19, 2003, also approved the issuance of these bonds through a resolution which combined the $10,500,000 and $7,000,000 issues for a total amount not to exceed $17,500,000. The bonds were sold by the Local Government Commission on May 28, 2003. The District Board is now required to consider approval of the resolution confirming the final results of the May 28, 2003 sale and approval of the escrow deposit agreement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and approve resolution FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: Resolution and escrow deposit agreement will be distributed to County Commissioners and staff upon receipt from bond counsel. REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval of resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 51 {This page intentionally left blank} 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Water & Sewer Item #: 4Estimated Time:Page Number: Department: Water & Sewer District Presenter: Wyatt E Blanchard Contact: Wyatt E Blanchard SUBJECT: Resolution for Condemnation for Sewer Easement Tax Parcel No.R04400-003-019-000 Middle Sound Wastewater Project BRIEF SUMMARY: Staff has been working with the property owner's attorney for the last several months to obtain an easement across the referenced property. We were recently informed that one of the two owners has died without a will. There are four possible heirs and the attorney does not know where they live. The remaining owner has agreed to work with us. Condemnation may be necessary to close the easement within a reasonable length of time since all owners may not be located. Staff will continue to work with the attorney to try to obtain a resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Resolution, authorizing condemnation if necessary, be approved with authorization for the Chairman to execute, if necessary. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: jp Devane. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with County Engineer?s recommendation. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 53 DRAFT A RESOLUTION OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT WHEREAS, permanent and temporary sewer utility easements, on the property of the Virginia Devane heirs, Deed Book 347, Page 494, New Hanover County Registry, more specifically described as a five foot (5') wide permanent easement adjoining and abutting Middle Sound Loop Road, together with a five foot (5') wide temporary construction easement, having a duration of three hundred sixty-five (365) days from the date of acquisition, adjoining and abutting the northern line of the referenced five foot (5') wide permanent easement; and WHEREAS, a thirty foot (30') wide permanent easement adjoining and abutting the entire eastern property line of the subject parcel is necessary for construction of sewer utilities; and WHEREAS, it is necessary to utilize the District?s power of eminent domain to acquire the above-referenced easements in that negotiations to acquire said easements have been unsuccessful in obtaining the property owner?s consent. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the New Hanover County Water and Sewer District hereby resolves that the necessary easement on, over, and across the Virginia Devane heirs property, Tax Parcel No. RO4400-003-019-000, Deed Book 347, Page 494, New Hanover County Registry be acquired by condemnation. County staff is hereby authorized to take any and all actions, including suit, necessary to obtain said real property interest. nd This the 2 day of June, 2003. NEW HANOVER COUNTY [SEAL] __________________________________ Robert G. Greer, Chairman ATTEST: ____________________ Clerk to the Board 54 55 56 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 59 2. Approval of the Use of School?s Capital Outlay Fund Balance for School Projects 61 3. Approval of Amendments to the Airlie Gardens Foundation By-Laws 65 4. Approval of Resolution Requesting the Addition of Granny Road Extension to the 71 State Road System 5. Approval of Local Governmental Resolution Authorizing Application for Law 73 Enforcement Equipment Funding 6. Approval of Request to Ratify Acceptance of an Additional HUD Grant Awarded 77 to Human Relations and Associated Budget Amendment 03-0206 7. Approval to Accept the Standard EEOC Grant FY02-03 and Associated Budget 79 Amendment 03-0205 Approval of Budget Amendments: 8.1 #03-0199 81 8.2 #03-0202 83 57 {This page intentionally left blank} 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Consent Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell Item Does Not Require Review SUBJECT: Consent Agenda - Approval of Minutes BRIEF SUMMARY: Approve the minutes of the Regular Meeting held on May 5, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve minutes. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 59 {This page intentionally left blank} 60 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Consent Item #: 2Estimated Time:Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: New Hanover County Schools Budget Amendments BRIEF SUMMARY: New Hanover County Board of Education passed a resolution appropriating School Capital Outlay fund balance for projects that will be completed this summer. The projects include replacing Brogden Hall Gym floor, installation of grease traps at several schools and HVAC Replacement at Myrtle Grove School. The second budget amendment transfers funds from the Hoggard Roof Repair project which is complete to the HVAC replacement project at Building 2 at Ogden Elementary School. Budget amendment is presented for informational purpose only. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the County Commissioners approve the use of the fund balance for the several projects mentioned above to be completed prior to the beginning of the FY03-04 School year. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: No additional county funding is required. ATTACHMENTS: New Hanover County Administrative Unit Budget Amendment #5. New Hanover County Schools Budget Transfer Request. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 61 62 63 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Consent Item #: 3Estimated Time:Page Number: Department: Airlie Presenter: Thomas Herrera-Mishler Contact: Thomas Herrera-Mishler SUBJECT: Amendments to the Airlie Gardens Foundation By-Laws BRIEF SUMMARY: At their May 13, 2003 meeting the Airlie Gardens Foundation made amendments to the Foundation By-Laws. Proposed changes to the By-Laws are indicated in italics in the attached document. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Foundation's Board Members respectfully request that the Commissioners adopt the amendments as presented. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: B Airlie Gardens Foundation REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Removed ?and direction? from Article I, Section 2d, line 2. Removed ?of the year? from Article III, Section 3, line 2. Approved 5-0 with changes noted above 65 BY-LAWS OF THE AIRLIE GARDENS FOUNDATION, INC. Article I - Purposes Section 1: Mission Statement: a. To establish an outstanding historic garden with cultural and environmental education programs that serves the residents and visitors of New Hanover County. Section 2: The general purposes of the Foundation are as follows: a. To establish an endowment and receive and distribute monies for prospective funding of capital improvements at Airlie Gardens and to encourage the accumulation and dissemination of knowledge of and natural heritage of Southeastern North Carolina. the history b. To arrange for such meetings of Foundation officers or other interested individuals, as may be legally necessary, or considered desirable in the furtherance of the aims and purposes of Airlie Gardens. c. To encourage and arrange for gifts, grants, bequests, and devises to the Foundation for its work in the furtherance of the objectives for which it is organized, and to provide for the proper expenditure, use, and conservation of all gifts, grants, bequests, and devises so received. d. To serve in an advisory capacity to the Gardens staff & County Commissioners. To provide advice and direction for operations, policy, capital improvements and program development. e. To provide oversight to all internal groups including but not limited to: volunteers, special event committees and the Airlie Gardens Guild. f. To foster relationships with other related organizations. g. To serve as ambassadors for the Gardens to the community. h. To participate in and support Airlie Gardens events and programs. Article II - Membership Section 1: The corporation will not have members. Article III - Directors Section 1: Composition of the Board. The Board of Directors shall consist of eleven (11) members, ten (10) of which shall be appointed by the New Hanover County Commissioners as follows: One (1) County Commissioner Nine (9) At large members appointed by the County Commissioners The following Board member shall serve by virtue of their position, as indicated: One (1) Member of the Corbett family appointed by Corbett Package Company, its successors or assigns 66 Section 2: Honorary Directors. In recognition of significant service to the Foundation or contributions of other nature, the Board of Directors may also appoint honorary or emeritus directors. Such directors shall be considered ex officio members of the Board but shall not have the power to vote at Board meetings. Section 3: Elections,Terms and Vacancies. Terms of directors will be for three (3) years and will begin on July 1 of the year following their appointment and expire on June 30 of the last year of their terms. Directors, appointed or ratified by the New Hanover County Board of Commissioners, may serve a maximum of two consecutive terms (six years); they will again be eligible for appointment to the Board after one year off the Board. Section 4: Ex Oficio Members: The following ex officio members shall be included on the board with the indicated term limits: Cape Fear Garden Club Representative ? 2 Years Azalea Festival Outgoing President ? 1 Year Lebanon Chapel ? 2 Years Section 5: Quorum.members of the Board with the power to vote shall A simple majority of all duly appointed constitute a quorum at any meeting of the Board. Section 6: Function. The Board of Directors shall be the governing body of the Foundation. Section 7: Attendance and Participation Requirements - All board members shall serve on at least one standing committee of the Board and shall not miss more than 25% of the meetings of the Foundation and their assigned committee. Article IV - Officers Section 1: Officers. The officers of this Corporation shall be a President, two Vice-Presidents, a Secretary, a Treasurer, and such other officers or agents as the Board of Directors find to be needed. Section 2. Method of Election. Vacancies. The officers shall be elected by a majority of the Directors present at the annual Board meeting in August of each year. They shall hold office for two years (one term) following their election or until successors are elected. Officers may serve a maximum of four years (2 terms). They will again be eligible for election as officers one year after the completion of a second consecutive term. A vacancy in any office shall be filled by the Executive Committee for the unexpired term of the official whose term is not completed. Section 3. Duties of Officers. a.President. The President shall be responsible for carrying out the policies adopted by the Foundation and its Board of Directors. He or she shall preside at all meetings of the Foundation membership, all meetings of the Board of Directors, and all meetings of the Executive Committee. He or she shall execute all deeds, contracts, agreements, transfers, and such other instruments as may be ordered by the Board of Directors. b.Vice-Presidents. The Vice-Presidents shall perform such duties as may be prescribed from time-to-time by the Board of Directors, the Executive Committee, or the President. Either Vice-President may, in case of the absence or disability of the President, be assigned by the Board or Executive Committee to perform any or all of the duties of the President.The County Commissioner appointee on the board of Directors will serve as one of the Vice-Presidents of the Board. c.Secretary. The Secretary shall preserve in the books of the foundation true records and minutes of all 67 meetings of the Foundation, its Board of Directors, and its Executive Committee. d.Treasurer. Subject to the policies of the Foundation, custody and management of the assets of the Foundation shall be undertaken by the Treasurer. All financial transactions shall be overseen and approved by the Treasurer of the Foundation and the Director of the Gardens or his appointee. The Foundation shall operate under an annual budget as recommended by the Director and the Treasurer and as amended and adopted by the Board or by the Executive Committee acting for the Board. The Treasurer shall review and authorize disbursement of funds according to the budget and transfer of funds among bank and investment accounts, shall periodically review the status of the budget, interim financial statements, and the transactions and books of the Foundation; shall monitor investment accounts and performance and shall recommend changes to the Executive Committee; shall review the annual independent audit and recommend and monitor corrective action, and shall render to the Executive Committee and the Board accounts of all fiscal transactions and of the financial condition of the Foundation. 68 Article V - Executive Committee Section 1: Composition. The Executive Committee shall consist of the: President of the Foundation Vice Presidents of the Foundation Secretary of the Foundation Treasurer of the Foundation Director of Airlie Gardens ( Non-Voting Member) The President shall serve as chairman of the Executive Committee Section 2: Function. The Executive Committee shall act between the meetings of the Board of Directors and shall possess all the powers of the Board in regard to the conduct of the business of the Foundation, provided, however, that the Executive Committee shall have no power to alter or amend the By-laws of the Foundation. The Executive Committee shall oversee the solicitation, receipt, and disbursement of Foundation funds within the approved annual budget and in accordance with the budgeting procedures established by the Board. The Executive Committee shall also disburse to the Garden funds or grants raised or donated for specific Garden purposes. The Executive Committee will be charged with seeking qualified applicants for the at-large positions on the Airlie Gardens Foundation and encouraging them to apply to the New Hanover County Board of Commissioners. Section 3: Procedure. Executive Committee action may be taken on simple majority vote by mail or other means if a meeting is not practical. Section 4: Quorum. Three (3) members of the Executive Committee shall constitute a quorum at any meeting of the Committee. Article VI - Committees Section 1: Committees. The Board of Directors may, by resolution, provide for any and all committees necessary for the proper conduct of the affairs of the Foundation. Committees may also be established by the President as he or she, with the approval of the Executive Committee, deems desirable. The duties and responsibilities of each committee, not inconsistent with the By-laws, shall be fixed by the Board of Directors or the Executive Committee. The President and the Director of Airlie Gardens shall be members ex officio of each committee and shall have the power to vote in committee meetings. All other members shall be appointed for certain terms by the Board of Directors or by the Executive Committee acting for the Board. Vacancies shall be filled by appointment of the President for unexpired terms. Section 2: Standing Committees: The standing committees of the Board of Directors are: a. Finance ? Reviews the Annual Budget b. Buildings & Grounds c. Development ? Subcommittees ? Capital Campaign, Endowment, Annual Fund/Membership d. Programs & Outreach ? Subcommittees ? Events, Education, Volunteers 69 Non-Board Members may serve on the standing committees of the Board. The committee chair must be a member of the Airlie Gardens Foundation. Article VII - Meetings of the Foundation Section 1: Regular Meetings. There shall be an annual meeting of the Board of Directors of the Foundation, to be held in August in Wilmington, North Carolina, together with such additional meetings as the Board of Directors may schedule. Section 2: Special Meetings. Special meetings of the Foundation may be called by a majority vote of the Board of Directors in any of its official meetings. Section 3: Notice. At least five (5) days prior to the date set for any regular meeting of the Foundation, notice of the time and place of such meeting shall be mailed to each member of the Foundation. Such notice may be made through newsletters or other regular mailings. Article VIII - Fiscal Year Section 1: Duration. The fiscal year of the Foundation shall be from July 1 through June 30 inclusive. Article IX - Amendments Section 1: Method. These By-laws may be amended, altered, or repealed by a recommendation of the Board of Directors at any regular meeting or at any special meeting (provided notice of the proposed change or amendment is given in the notice of such special meeting), with final approval by the New Hanover County Board of Commissioners. 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Consent Item #: 4Estimated Time:Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell Item Does Not Require Review SUBJECT: Consent: Adoption of Resolution Requesting the Addition of Granny Road Extension (SR2027) to the State Road System - Division File No. 1038-N BRIEF SUMMARY: NCDOT has notified the office that they are considering the addition of Granny Road Extension, located off of Castle Hayne Road. The Commissioners need to adopt the standard SR-2 Resolution for their further handling. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Standard SR-2 Resolution FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Letter from NCDOT ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 71 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Consent Item #: 5Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Approval of Local Governmental Resolution Authorizing Application for Law Enforcement Equipment Funding BRIEF SUMMARY: The Governor's Highway Safety Program (GHSP) has completed its review of the Fiscal Year 2003 equipment requests, and the NHC Sheriff's Office proposal was approved for further consideration. The next step in the funding process is the submission of a project contract application and a Local Governmental Resolution. The resolution authorizes application in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $62,797 with a local match of $24,833 for a total project cost of $87,630. If the grant is awarded, the Sheriff will use either Federal Forfeited Property funds or State Controlled Substance Tax funds to fund the local match. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of the Local Governmental Resolution to seek federal funds for three traffic enforcement vehicles, three radar units, and three in-car cameras and approval of the associated budget amendment if grant is awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Total of $87,630: $62,797 federal funding and local match of $24,833, which the Sheriff will fund from Federal Forfeited Property funds or State Controlled Substance Tax funds, if grant awarded. ATTACHMENTS: Local Governmental Resolution Letter from the Governor's Highway Safety Program Acting Director REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 73 74 75 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Consent Item #: 6Estimated Time:Page Number: Department: Human Relations Presenter: Contact: Carl Byrd SUBJECT: Request to Ratify Acceptance of an Additional HUD Grant Awarded to Human Relations BRIEF SUMMARY: HUD recently awarded Human Relations a grant of $250,000 to co-sponsor the Fair Housing Assistance training conference. They have now awarded an additional $120,000 for this event. The grant had to be signed and returned prior to this meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request ratification of the HUD grant in the amount of $120,000; request approval of associated budget amendment 03- 0206. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: w ba03-0206. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 77 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Budget Amendment DEPARTMENT: Human Relations BUDGET AMENDMENT #: 03-0206 ADJUSTMENT DEBIT CREDIT HUD Grant $120,000 Travel and Training $120,000 EXPLANATION: To budget additional HUD Grant awarded to Human Relations to co-host the HUD Training conference. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Consent Item #: 7Estimated Time:Page Number: Department: Human Relations Presenter: Contact: Carl Byrd SUBJECT: FY 02-03 EEOC Grant BRIEF SUMMARY: The Human Relations Department has been awarded the standard EEOC grant for FY 02-03 in the amount of $26,200. The budget amendment is prepared for the difference between $26,000 (amount already budgeted) and the actual grant award of $26,200. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the EEOC Grant. Recommend authorization for the County Manager to sign the grant document. Request approval of associated budget amendment 03-0205. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: w ba03-0205. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 79 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Budget Amendment DEPARTMENT: Human Relations BUDGET AMENDMENT #: 03-0205 ADJUSTMENT DEBIT CREDIT EEOC Grant $200 Contract Services $200 EXPLANATION: To increase budget to actual amount of FY 2002-03 EEOC Grant award. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 80 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Budget Amendment Consent Item #: 8.1Estimated Time:Page Number: DEPARTMENT: Health BUDGET AMENDMENT #: 03-0199 ADJUSTMENT DEBIT CREDIT State Grant $3,962 Contracted Services $3,962 EXPLANATION: Additional funds from Breast and Cervical Cancer Program (BCCCP) for current fiscal year. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 81 {This page intentionally left blank} 82 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Budget Amendment Consent Item #: 8.2Estimated Time:Page Number: DEPARTMENT: Sheriff's Office BUDGET AMENDMENT #: 03-0202 ADJUSTMENT DEBIT CREDIT Other $2,150 Safe Summer Program $2,150 EXPLANATION: To budget contributions for the Safe Summer Camp. ADDITIONAL INFORMATION: The Safe Summer Camp is a week long camp that takes place during the summer and is open to all fifth graders in New Hanover County Schools that have graduated from the Drug Abuse Resistance Education (D.A.R.E.) program during the school year. The School Resource Officers and volunteers provide staff for the camp, which will be run for three separate weeks this year. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 83 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 06/02/03 Additional Item #: 1Estimated Time:Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Allen O'Neal SUBJECT: Consideration of providing $125,000 to the Wilmington Regional Film Commission BRIEF SUMMARY: Consideration of providing $125,000 to the Wilmington Regional Film Commission, Inc. for support of the series, "One Tree Hill", if the series is filmed here. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: Contingencies ATTACHMENTS: o A1-1.d REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 85 86