Agenda 2003 10-06
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
October 6, 2003 5:30 p.m.
MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.)
INVOCATION
PLEDGE OF ALLEGIANCE
The Boy Scouts of America, Troop 234 will lead the meeting in the Pledge of Allegiance.
APPROVALOF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
5:50 p.m. 1. Consideration of Proclamation by the Board of County Commissioners that the 7
Week of October 5-11, 2003 is Fire Prevention Week
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5:55 p.m. 2. Consideration of Proclamation Declaring the Month of October as Colonial
Heritage and Family History Month
Public Hearings:
6:00 p.m. 3.1 Special Use Permit - Request by Wilmington Montessori School to consider a 13
Special Use Permit to operate a Child Daycare Facility for ten (10) children in
an R-15 Residential Zoning District at Trinity United Methodist Church located
at 4008 South College Road (S-503, 09/03)
6:20 p.m. 3.2 Special Use Permit - Request by Randall Glazier to consider a Special Use 19
Permit for the placement of two (2) single wide mobile homes in an R-20
Residential Zoning District located at 2021 Oakley Road, Wrightsboro
Community (S-505, 10/03)
6:40 p.m. 4. Update Presentation on Convention Center Initiative25
6:55 p.m. 5. Presentation by Archmil Place Homeowners27
7:25 p.m.
Break
7:35 p.m. 6. Briefing on Legislative Changes to the Homestead (Senior Citizen) and 31
Disabled Exclusion - NCGS 105-277.1
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7:50 p.m. 7. Meeting of the Water and Sewer District
8:05 p.m. 8. Non-Agenda Items (limit three minutes)
8:20 p.m. 9. Additional Items:
County Commissioners
County Attorney
County Manager
8:35 p.m. 10. Closed Session Pursuant to G.S. 143-318.11(a)(3)33
9:05 p.m. 11. Consideration of Issues Relating to Sale of Law Enforcement Center.35
The Board may consider the following three options:
1. Whether the County should now execute the Buy-Sell Agreement with First
Baptist Church.
2. Whether the County should now execute any agency application requested
by First Baptist Church needed as part of the City of Wilmington Special Use
Permit process.
3. Whether the County should now extend the Church's one hundred fifty
(150) day due diligence examination period, as requested by the Church.
9:15 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed.
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1. Non-Agenda Items (limit 3 minutes)
2. Consideration of Interim Water Rates for Brookfield/Brierwood Subdivisions39
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1. Approval of Request by the Arboretum Foundation to Use One County Free Day 43
at the Coastline Convention Center for the 2004 Wilmington Garden Show
2. Approval of Federal Emergency Management Act Funds Allocation45
3. Approval of Authorization of Settlement Agreement with the United States of 47
America for the Airport Burn Pit Matter
4. Approval of Interlocal Agreement Between the City of Wilmington and New 57
Hanover County for the Purchase of Fuel from the City for County Public
Transportation Vehicles
5. Approval of Veterans Park Educational Forestry Project Grant67
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October 6, 2003
Pledge of Allegiance
Troop 234 Wilmington (Scotts Hill Baptist Church)
Assistant Scout Masters: Randy Richartz and Jeff Hunnicutt
Most are from New Hanover County, the members are:
Hunter Hieronymus
Blake Montieth
Matthew Ketner
Kevin Chu
Bruce Howard
Eric Hunnicutt
Ben Cothren
The Scout Oath and Scout Law will also be recited after the Pledge. The scouts are 9 and
10 years old. They are working on the Citizenship in the Community Merit Badge, the first
of three citizenship merit badges required for Eagle Scout.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 1Estimated Time:Page Number:
Department: Fire Services Presenter:
Contact: Matt Davis, Fire Marshall
SUBJECT:
Proclamation by the Board of County Commissioners that the Week of October 5-11, 2003 is
Fire Prevention Week
BRIEF SUMMARY:
This week is commemorated across the country and supported by the public safety efforts of fire departments, schools and
other safety advocates in conjunction with the National Fire Prevention Association.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make this proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Letter to Mr. Davis and copy of the proclamation to come in interoffice mail.
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 2Estimated Time:Page Number:
Department: Governing Body Presenter: Chairman Davis
Contact: Judy Ward, National Society of Colonial Dames of the 17th Century, Lord Craven Chapter
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation Declaring the Month of October as Colonial Heritage and Family
History Month
BRIEF SUMMARY:
The Lord Craven Chapter of the National Society of Colonial Dames of the 17th Century has requested the Board to
proclaim the month of October asColonial Heritage and Family History Month.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Proclamation
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
colonial.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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New Hanover County Board of Commissioners
Proclamation
WHEREAS, the National Society of the Colonial Dames of the Seventeenth Century throughout the United States
and North Carolina observe Colonial Heritage and Family History Month in October; and
WHEREAS, the citizens of the County of New Hanover in the State of North Carolina benefit from the strengthening
of family values and celebrate the ties that link our families together; and
WHEREAS, citizens and visitors are encouraged to take advantage of our extensive historical sites, genealogical and
historical records, including research libraries, publications and references; and
WHEREAS, the citizens of the County of New Hanover are a vital part of area history and preservation; and
WHEREAS, New Hanover County was founded in 1734, within the bounds of the aforesaid County, the Cities of
New Liverpool and Newton, said cities being the outgrowth of the attempted settlement of Charles Town on the Cape
Fear River, October 12, 1663;
NOW, THEREFORE, the New Hanover County Board of Commissioners do hereby proclaim October 2003, as
Colonial Heritage and Family History Month in the County of New Hanover.
ADOPTED this the 6
th
day of October, 2003
_______________________________
Chairman
Attest:
_____________________________________
Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 3.1Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case: S-503, 09/03 Special Use Permit for a Child Daycare Facility for 10 Children in an
R-15 Residential Zoning District
BRIEF SUMMARY:
The Wilmington Montessori School is requesting a Special Use Permit to operate a Child Daycare Facility for 10 children in
an R-15 Residential District at the Trinity United Methodist Church located at 4008 South College Road.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
PLANNING BOARD RECOMMENDATION 9/4/03:
Holly Renton, a teacher at the Wilmington Montessori School, presented the request to include a full day educational
program for younger students. Ms. Renton explained that there would be a maximum of 10 students enrolled in this
preschool program. No one spoke in support or in opposition to the request. The Planning Board voted 7-0 to Approve the
Special Use Permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: N/A
ATTACHMENTS:
S-503 Finding of FS-503 Pet Sum
3 documents, 2 plans or maps
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 3.2Estimated Time:Page Number:
Department: Planning Presenter: Dexter Hayes
Contact: Baird Stewart
Item Does Not Require Review
SUBJECT:
Case: S-505, 10/03 Special Use Permit for 2 Single Wide Mobile Homes in an R-20 Residential
District
BRIEF SUMMARY:
Request by Randall Glazier to consider a Special Use Permit for the placement of two (2) single wide mobile homes in an
R-20 Residential District located at 2021 and 2023 Oakley Road in the Wrightsboro Community.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
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. Well and septic permits have been approved by the New Hanover County Health Department.
D. Access to the site is through an existing access easement.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: N/A
ATTACHMENTS:
g of F
S-505 FindinS-505 Pet Sum
2 documents, 2 plans or maps
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 4Estimated Time:Page Number:
Department: County Manager Presenter: Sterling Cheatham, City Manager
and Dale Smith, Chairman, Mayor's Convention Center Task Force
Contact: Allen O'Neal
Item Does Not Require Review
SUBJECT:
Update on Convention Center Initiative
BRIEF SUMMARY:
The City Manager has requested the opportunity to provide the Board with an update on the Convention Center initiative.
CLICK HERE TO LINK TO A COPY OF THE PRESENTATION.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation. No action required.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation. No action required.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 5Estimated Time:Page Number:
Department: County Manager Presenter: Robert W. Wilson, MD
Contact: Allen O'Neal
SUBJECT:
Presentation by Archmil Place Homeowners
BRIEF SUMMARY:
The residents of Archmil Place, as indicated by the attached letters, have been seeking a means to eliminate their
dependence on their individual wells by hooking on to the City water lines available in their area. The developer of Archmil
Place had constructed a dry water distribution system within the subdivision when it was developed, as part of the R-10
subdivision requirements.
County Legal and Zoning Enforcement staff have determined that the developer is required by County ordinance to
complete the connection to City water now that the City has stated that the City's system is available for connecting. Staff
will give the developer 90 days to complete the connection. It may be most expedient for the District to perform the
connection with the developer reimbursing the District.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff will enforce the ordinance requiring the developer to connect Archmil Place to the City water system. Staff
recommends that the County Commissioners direct staff to pursue an agreement for the District to perform the work with
reimbursement by the developer if both parties can reach agreement.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Concur with recommendation above.
COMMISSIONERS' ACTIONS/COMMENTS:
Directed staff to continue following this item to insure developer finishes the project as required.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 6Estimated Time:Page Number:
Department: TAX Presenter: Robert C. Glasgow
Contact: Robert C. Glasgow
Item Does Not Require Review
SUBJECT:
Briefing on Legislative Changes to the Homestead (Senior Citizen) and Disabled Exclusion -
NCGS 105-277.1
BRIEF SUMMARY:
In 2001, the General Assembly increased the Homestead Exclusion. There were two changes to the statute. The eligibility
income level changed the annual income from $15,000 to $18,000. The exclusion amount of $20,000 of tax value was
changed to the greater of $20,000 or 50% of the appraised value of the residence and up to one acre of land the residence
is situated on. The state of North Carolina does an annual review of the income level to determine if it should be changed.
In FY 03-04 the income level was $18,500. In FY04-05 it was increased to $18,800.
In FY 01-02 New Hanover County had 1,574 (1,498 real estate accounts and 76 personal accounts) Senior and Disabled
Exclusions with a total tax value of $30,237,117 ($29,735,437/$501,680).
In FY 02-03 New Hanover County had 1,601 (1,526 real estate accounts and 75 personal accounts) Senior and Disabled
Exclusions with a total tax value of $59,143,901 ($58,669,861/$474,040). (Real/Personal)
The differences between FY 01-02 and FY 02-03 were 27 more who qualified to receive the exclusions and $28,906,784
more in excluded tax value from the previous year.
Eligibility requirements:
65 years of age or older or totally and permanently disabled on January 1;
income for the preceding calendar year can not exceed $18,500 ($18,800 in FY 04-05).
applicant must own and live in the home in which the exclusion would apply;
applications must be submitted by June 1.
Applications are provided when requested by telephone, in person or in writing.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
None
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
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COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
No action required. This is a public information item only.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 10Estimated Time:Page Number:
Department: Legal Presenter: Wanda M. Copley, County Attorney
Contact: Wanda M. Copley, County Attorney
SUBJECT:
Closed Session pursuant to G.S. 143-318.11(a)(3)
BRIEF SUMMARY:
Closed Session to consult with our attorney regarding a matter of litigation or legal controversy.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hold closed session.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hold closed session.
COMMISSIONERS' ACTIONS/COMMENTS:
Did not hold closed session.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Regular Item #: 11Estimated Time:Page Number:
Department: Legal Presenter: Wanda M. Copley, County Attorney
Contact: Wanda M. Copley, County Attorney
SUBJECT:
Consideration of Issues Relating to Sale of Law Enforcement Center
BRIEF SUMMARY:
Due to controversy relating to the sale of the Law Enforcement Center, the Board needs to consider three issues;
Whether the County should now execute the Buy-Sell Agreement with First Baptist Church.
Whether the County should now execute any agency application requested by First Baptist Church needed as part of
the City of Wilmington Special Use Permit process.
Whether the County should now extend the Church's one hundred fifty (150) day due diligence examination period, as
requested by the Church.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Upon advice of counsel and after discussion, offer direction to Chairman and Staff, and response to Church's request.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
As noted above.
COMMISSIONERS' ACTIONS/COMMENTS:
Commissioner Pritchett moved,seconded by Commissioner Boseman, to retain the Law Enforcement Center for County
use. Motioned carried 3-2,Commissioners Greer and Caster voted no.
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MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1. Non-Agenda Items (limit 3 minutes)
2. Consideration of Interim Water Rates for Brookfield/Brierwood Subdivisions 39
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Water & Sewer Item #: 2Estimated Time:Page Number:
Department: Engineering Presenter: Wyatt E. Blanchard
Contact: Wyatt E Blanchard
SUBJECT:
Interim Water Rates
Brookfield/Brierwood
BRIEF SUMMARY:
The County is assuming ownership, operation and maintenance of the existing Brookfield/Brierwood water system once the
transfer is approved by the North Carolina Utility Commission. We presently have a contract in place for the construction of a
new water system to replace most or all of the old existing system. There are not any water meters in place on the existing
water system and the customers are charged a flat rate.
The customers of the Brookfield/Briarwood water system are now charged $14.92 per month. Since the County does not have
a flat rate in the Ordinance for water, it will be necessary to establish a temporary flat rate until the new water system is
complete. Anticipated completion date is one year. At that time new water meters will be in place.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the current rate of $14.92 per month ($29.84 bi-monthly) be established temporarily until the new water
system is complete.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
1. Approval of Request by the Arboretum Foundation to Use One County Free Day 43
at the Coastline Convention Center for the 2004 Wilmington Garden Show
2. Approval of Federal Emergency Management Act Funds Allocation 45
3. Approval of Authorization of Settlement Agreement with the United States of 47
America for the Airport Burn Pit Matter
4. Approval of Interlocal Agreement Between the City of Wilmington and New 57
Hanover County for the Purchase of Fuel from the City for County Public
Transportation Vehicles
5. Approval of Veterans Park Educational Forestry Project Grant 67
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Consent Item #: 1Estimated Time:Page Number:
Department: Cooperative Extension Service Presenter: Karen Root, Arboretum Foundation President
Contact: Dave Weaver
SUBJECT:
Request by the Arboretum Foundation to Use One County Free Day at the Coastline
Convention Center for the 2004 Wilmington Garden Show
BRIEF SUMMARY:
The New Hanover County Cooperative Extension Arboretum Foundation, Inc. has requested the County to allow the
Arboretum to use one of the County's free days at the Coast Line Convention Center during the 2004 Wilmington Garden
Show. The use of one free day enables the Foundation to apply the saved funds directly to Arboretum projects and
operations. The Foundation expresses appreciation for this support by the Board for the past nine years and requests
continuing support for the 2004 fund raising event.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the request.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Removed, this item had previously been approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Consent Item #: 2Estimated Time:Page Number:
Department: Emergency Management Presenter: Warren Lee
Contact: Warren Lee
SUBJECT:
Federal Emergency Management Act Funds
BRIEF SUMMARY:
Emergency Management has received funds from the Federal Emergency Management Act. The funds need to be
allocated to Emergency Management's budget for contracted services. The funds will be used for contracted services for
emergency planning with emphasis on terrorism preparedness.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of the FEMA grant for $8,824 and the approval of the associated Budget Amendment 04-0059.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
04-0059.d
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Budget Amendment
DEPARTMENT: Emergency Management
BUDGET AMENDMENT #: 04-0059
ADJUSTMENT DEBIT CREDIT
Federal Emergency Mgmt. Act $8,824
Contracted Services $8,824
EXPLANATION: To move Federal Emergency funds to Contracted Services.
ADDITIONAL INFORMATION: To establish budget for FEMA Emergency Planning Grant awarded to Emergency
Management.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Consent Item #: 3Estimated Time:Page Number:
Department: Legal Presenter: Kemp P. Burpeau, Deputy County Attorney
Contact: Kemp P. Burpeau, Deputy County Attorney and Ray Church, Environmental Management Director
SUBJECT:
Authorization of Settlement Agreement with the United States of America for the Airport Burn
Pit Matter
BRIEF SUMMARY:
In 1988 the EPA determined that the Airport Burn Pit was a Superfund site, and listed New Hanover County, the City of
Wilmington, Cape Fear Community College and the U.S. Department of Defense as potential responsible parties with the
obligation to bear clean up costs. Because the U.S. Department of Defense was itself a potentially responsible party , the
Federal government was obligated by the EPA to participate in remediation costs. The U.S. agreed to pay twenty-five
(25%) percent of the partial cost of the remediation design. The U.S. was to also pay twenty-five (25%) percent of final
costs for the construction/monitoring and oversight. The proposed agreement will address these costs for construction,
monitoring and oversight.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize execution of a settlement agreement with the U.S. whereas the Federal government will pay its twenty-five (25%)
share of remediation costs.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
g03
#218335-v1-newhanau
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Consent Item #: 4Estimated Time:Page Number:
Department: Legal Presenter: Kemp P. Burpeau, Deputy County Attorney and Patricia A. Melvin, Assistant County
Manager
Contact: Kemp P. Burpeau, Deputy County Attorney and Patricia A. Melvin, Assistant County Manager
SUBJECT:
Interlocal Agreement between the City of Wilmington and New Hanover County for the
Purchase of Fuel from the City for County Public Transportation Vehicles
BRIEF SUMMARY:
Effective July 1, 2003, New Hanover County, the City of Wilmington, and the Wilmington Transit Authority entered into an
interlocal agreement creating the Wilmington New Hanover County Transportation ("Agency") to jointly operate public
transportation facilities and services throughout New Hanover County. To coordinate resources, an interlocal agreement is
proposed allowing the County to purchase fuel from the City at cost plus an administrative fee for those County vehicles
used for the provision of public transportation services through June 30, 2005. The City Council will adopt the same
resolution at their meeting on October 8, 2003. A copy of that resolution is attached. We currently reimburse Progressive
for such fuel purchases at the pump rate. Entering this agreement will result in a savings of at least $.50 per gallon.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the interlocal agreement. Authorize the Manager to execute the interlocal agreement.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
greeFueling Interlo
FuelInterlocalA
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Consent Item #: 5Estimated Time:Page Number:
Department: Parks Presenter: Neal Lewis
Contact: Neal Lewis
SUBJECT:
"Veterans Park Educational Forestry Project" Grant
BRIEF SUMMARY:
The N.C. Division of Forest Resources awards matching grants annually for urban forestry projects. Based on a proposal
from the Parks Department, a grant has been awarded to New Hanover County for a project at Veterans Park. The project
will consist of planning and installation of native trees, shrubs and grasses on the Veterans Park property. Science teachers
from Ashley High School and Murray Middle School will assist with the planting. Native species will be planted, interpretive
signs will be installed, and an informational brochure will be prepared. The result will be the addition of needed trees and
plants to the park, and an opportunity to teach students about native plants in a natural setting. The total amount of the
grant is $24,000. The State share is $12,000. The County share is $9,400 in cash and $2,600 in In-Kind services. The
County share will come from the Tree Fund. There is currently $66,521.00 in the County Tree Fund.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of the Veterans Park Educational Forestry Project Grant in the amount of $24,000, and approval of related budget
amendments.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Veterans Park Forestry Grant Bu04-0050.d
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Budget Amendment
DEPARTMENT: Parks
BUDGET AMENDMENT #: 04-0050
ADJUSTMENT DEBIT CREDIT
NC Forest Resources Grant $12,000
Transfer from Operating Budget $9,400
Contracted Services $16,000
Printing Charges $4,000
Supplies and Materials $1,400
EXPLANATION: Veteran?s Park Educational Forestry Grant and Local Matching Funds.
ADDITIONAL INFORMATION: To budget funds from Grant and Local Match.
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Additional Item #: 1 Estimated Time:Page Number:
Department: Finance Presenter:
Contact: Bruce Shell
SUBJECT:
Application for Federal and State Assistance-Hurricane Isabel,
Designation of Applicant's Agent
BRIEF SUMMARY:
FEMA requires the submission of the "Application of Federal Assistance" and the "State-Applicant Disaster Assistance
Agreement" forms to begin the reimbursement process for Hurricane Isabel. They also require a resolution designating the
Applicant's Agent.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval to apply for funding. Request authorization for the Manager to sign as the authorized representative
on the Application for Federal Assistance.
Request authorization for the County Manager to sign the State Assistance Agreement.
Request resolution designating County Manager, Allen O'Neal, as the primary Applicant's Agent and Dottie Ray, Grants
Manager as the secondary agent.
Request approval of budget amendment #04-0062.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: FEMA--Federal/State $300,000
ATTACHMENTS:
ba04-0062.d
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 10/06/03
Budget Amendment
DEPARTMENT: Hurricane Isabel
BUDGET AMENDMENT #: 04-0062
ADJUSTMENT DEBIT CREDIT
FEMA $300,000
Salaries $100,000
Contract Services $150,000
Supplies $50,000
EXPLANATION: To establish budget for Hurricane Isabel.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved.
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