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HomeMy WebLinkAboutAgenda 2003 10-20 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 20, 2003 9:00 a.m.` MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 9:15 a.m. 1. Presentation of New Hanover County Service Awards5 9:25 a.m. 2. Recognition of New Employees7 9:35 a.m. 3. Consideration of Resolution Recognizing Andrew J. Atkinson, Deputy County 9 Manager, for over Twenty Years of Service to New Hanover County 9:40 a.m. 4. Presentation by the Audubon Society on the Bird Conservation Program and 11 Mason Inlet Relocation Project 9:50 a.m. 5. Consideration of Resolution Dedicating the River Road Bike Lanes13 10:00 a.m. 6. Public Hearing: 2004 N. C. Small Cities Community Development Block 15 Grant Program - Scattered Site Housing Program : Consideration of Adoption of Amendments to the Flood Plain 23 10:20 a.m. 7. PublicHearing Management Regulations 10:40 a.m. 8. Update Presentation on Recently Completed County-Wide Address Collection 47 Project 11:00 a.m. Break 11:10 a.m. 9. Consideration of Request for Assistance to Obtain Payment for Work 49 Performed 11:20 a.m. 10. Status Report on the Activities Related to the Development of the Emergency 51 Communications Center (911) and the Emergency Operations Center (EOC) 53 11:40 a.m. 11. Discussion/Consideration of the Future Use of the Law Enforcement Center (LEC) 12:00 p.m. Lunch Break 12:30 p.m. 12. Committee Appointments55 71 12:45 p.m. 13. Meeting of the Water and Sewer District 1:30 p.m. 14. Additional Items: County Commissioners County Attorney County Manager 1:40 p.m. 15. Non-Agenda Items (limit three minutes) 1:50 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 ESTIMATED ITEMS OF BUSINESS Page TIMES No. 1. Non-Agenda Items (limit 3 minutes) 2. Approval of Minutes73 3. Consideration of Resolution for Condemnation for Sewer Easement75 4. Update Presentation on Water and Sewer Construction Activities/Projects79 3 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes89 2. Ratification of Environmental Protection Agency Grant for Water Quality 91 Improvements in the Smith Creek Area 3. Approval of Request to Submit Grant Application and Local Governmental 93 Resolution to the North Carolina Governor?s Highway Safety Program for the 2004 Law Enforcement Liaison Reimbursement Grant 4. Approval of Addition of Two Positions to NCSU Payroll and Related Budget 95 Amendment 04-0065 (Cooperative Extension Service) 5. Approval of Contract #04-0118 with Gregory Poole Equipment Company for the 97 Purchase of a Caterpillar D8R Dozer Through Installment Financing for the Landfill 6. Approval of Disposal of Surplus Equipment and Vehicles Through County 101 Auction to be Held November 8, 2003 7. Approval of Cape Fear Garden Club Grant Award for the Juvenile Day Treatment 119 Program and Related Budget Amendment 04-0066 8. Approval of Waiver of Restrictive Covenants by New Market, LLC121 New Hanover County Contract 04-0120 9. Approval of New Hanover County Contract 04-0112 - Amendment of Lease with 127 Airport Authority 10. Approval of Transfer of Funds from the Library?s Gift Account to the Library 133 Foundation of New Hanover County 11. Approval of New Hanover County and New Hanover County Fire District 135 Collection Reports 12. Approval of Release of Tax Value139 13. Approval of Change Order for BMS Architects141 Approval of Budget Amendments: 14.1 #04-0063 Human Relations Partnership Initiative 143 14.2 #04-0068 Health Department Programs 145 14.3 #2004-14 Federal Forfeited Property 147 14.4 #2004-15 Controlled Substance Tax 149 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 1Estimated Time:Page Number: Department: Human Resources Presenter: Allen O'Neal Contact: Rosetta Bryant Item Does Not Require Review SUBJECT: Presentation of New Hanover County Service Awards BRIEF SUMMARY: The following employees are eligible for New Hanover County Service Recognition: FIVE (5) YEAR: Sharon P. Oakes - Tax Dept.; James F. Pridgen - Fire Services; Donald W. Chestnut - Fire Services; Dorian K. Flowers - Fire Services; Jerry W. Garrett - Fire Services; Brett A. Ham - Fire Services; James R. House - Fire Services; John A. Lorek - Fire Services; Willie D. Murray - Fire Services; Malcolm H. Smith - Fire Services; Sean W. Socie - Fire Services; Regina D. Anderson - Social Services; Elizabeth E. Schmitt - Social Services TEN (10) YEAR: William T. Parker - Sheriff's Office; Bobby D. Blackmon - Sheriff's Office; Cheryl M. Jones - Social Services FIFTEEN (15) YEAR: Barbara B. Hull - Finance Dept. TWENTY (20) YEAR: Vonzella Jones - Sheriff's Office TWENTY-FIVE (25) YEAR: Ruth E. Foy - Health Dept. and Avery G. Rollinson - Health Dept. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Present service awards. COMMISSIONERS' ACTIONS/COMMENTS: Presented awards. 5 {This page intentionally left blank} 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 2Estimated Time:Page Number: Department: Human Resources Presenter: Allen O'Neal Contact: Marlene Carney Item Does Not Require Review SUBJECT: Recognition of New Employees BRIEF SUMMARY: A list of new employees will be made available at the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recognize new employees. COMMISSIONERS' ACTIONS/COMMENTS: Recognized. 7 {This page intentionally left blank} 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 3Estimated Time:Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Allen O'Neal Item Does Not Require Review SUBJECT: Consideration of Resolution Recognizing Andrew J. Atkinson, Deputy County Manager, for over Twenty Years of Service to New Hanover County BRIEF SUMMARY: A resolution is attached to recognize Andrew J. Atkinson and thank him for his years of service to New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: AndyResolution ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval of resolution and presentation to Andy Atkinson. COMMISSIONERS' ACTIONS/COMMENTS: Approved resolution and presented. 9 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, Andrew J. (Andy) Atkinson has served the citizens of New Hanover County for twenty-four years as Deputy County Manager, and prior to that as Finance Director, and WHEREAS, while serving as Finance Director, Andy initiated a 20-year history of Certificates of Excellence in Financial Reporting recognition for New Hanover County by the Government Finance Officers Association of the United States and Canada, and WHEREAS, Andy played the key role in the reform and improvement of the juvenile justice system in New Hanover County by providing leadership to the Juvenile Crime Prevention Council, securing significant grant funding for youth programs and establishing the Juvenile Day Treatment Program, and WHEREAS, with his leadership, the 911 Center successfully evolved from a division of the Sheriff?s Department into the Public Safety Communications Center, and established a Policy Board of user agencies in the decision making process for the center, and WHEREAS, his expertise benefited multiple County capital projects including the judicial building expansion, parking deck, library renovation, law enforcement renovations, and jail construction, and WHEREAS, Andy?s eagerness to utilize new technologies has led to improved systems for staff use, easier access to information by the public, and cost savings through such systems as electronic monitoring and video first arraignment, and WHEREAS, Andy has taught over 160 staff from New Hanover County, the City of Wilmington and New Hanover Regional Medical Center as a facilitator for ?7 Habits of Highly Effective People? as well as Effective Groups training, and WHEREAS, Andy has served the community in leadership capacities in the Cape Fear Area United Way including campaign and board chairman, and the Episcopal Diocese of East Carolina as an ordained Deacon and many other charitable organizations, NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby thank and recognize Andrew J. Atkinson, for many years of loyal service to the citizens of New Hanover County, and wish him well in his retirement from public service and in his new endeavors. th Adopted this, the 20 day of October, 2003. New Hanover County Board of Commissioners Ted Davis, Jr., Chairman Robert G. Greer. Vice Chairman Julia Boseman, Commissioner William A. Caster, Commissioner Nancy H. Pritchett, Commissioner [Attest] Lucie F. Harrell, Clerk to the Board 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 4Estimated Time:Page Number: Department: County Manager Presenter: Walker Golder Contact: Dave Weaver Item Does Not Require Review SUBJECT: Presentation by the Audubon Society on the Bird Conservation Program and Mason Inlet Relocation Project BRIEF SUMMARY: Walker Golder with the National Audubon Society will present information on the great success of the Spring-Summer 2003 bird conservation program on Shell Island as evidenced by nesting and other statistics. This program is required as a condition of and has been funded through the Mason Inlet Relocation Project. Mr. Golder will also present information on public visitation, volunteerism, and educational efforts by the Audubon program, which are associated with a potential eco- tourism economy. Mr. Golder will discuss actions that are necessary for continuation and improvement of the program. These actions include modification of the existing Audubon contract to include a year-round presence, ordinance modifications, and modifications to the site plan to control and improve public access. Mr. Golder will also address potential funding sources in the partnership between the County and Audubon. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the Commissioners: 1) Commend the Audubon Society on their success with this year's bird conservation program, including Audubon's success in educating and gaining support from the public; and 2) Consider implementing the actions suggested by Audubon in order to further this successful program. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Agree with recommendations above. COMMISSIONERS' ACTIONS/COMMENTS: Commissioner Pritchett moved to delay action until staff brings back more information concerning what is required and not required in accordance with the permit. Also, staff to bring back a recommendation concerning what needs to be done as to management and monitoring of this area. Seconded by Chairman Davis. Passed 3-2, with Greer and Caster voting no. 11 {This page intentionally left blank} 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 5Estimated Time:Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Resolution Dedicating the River Road Bike Lanes BRIEF SUMMARY: The NC Department of Transportation has completed resurfacing River Road and adding four foot wide bike lanes on each side of the road. The bike lanes have been a top priority for local cyclists for many years. The addition of these lanes is a giant step in making New Hanover County a bicycle friendly community. To commemorate this event the New Hanover Bicycle Advisory Committee is having a bike lane dedication and bike ride on Saturday, October 25, at 8:30 a.m.. The attached resolution recognizes DOT for installing the bike lanes and announces the formal dedication on October 25th. RECOMMENDED MOTION AND REQUESTED ACTIONS: Sign the attached resolution supporting the River Road Bike Lane dedication. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: dedication reso river rd (1) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Adopted resolution. COMMENTS BY: LGL: COMMENTS BY: FIN: COMMENTS BY: BUD: COMMENTS BY: HR: 13 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 6Estimated Time:Page Number: Department: Planning Presenter: Wanda Coston Contact: Wanda Coston SUBJECT: Public Hearing - 2004 North Carolina (NC) Small Cities Community Development Block Grant (CDBG) Program-Scattered Site Housing Program (SSHP) BRIEF SUMMARY: The 2004 SSHP is the second non-competitive grant, in this category, to be awarded to the County. Projects must include activities in which a majority of funds are directed toward improving, preserving or developing residential areas; address the national objective of benefiting low and moderate income persons; and/or aid in the prevention or elimination of slums and blight. New Hanover County is one of 33 counties in the State which is eligible to receive $400,000 in non-competitive funds, to be used to implement a housing program to benefit very low-income owner occupied households. In order to comply with the terms and conditions set forth in the grant requirements the County must submit an application, certify that a detailed citizen participation plan is being followed and to adopt an Optional Coverage Relocation Plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: 1) Request that the Commissioners approve the attached application to be submitted and conduct a public hearing for citizen comments in order to comply with the requirements for implementation of the proposed county SSHP. This hearing is intended to solicit public input. 2) Request adoption of the attached New Hanover County Citizen Participation Plan and Resolution in accordance with Section .1002 Citizen Participation of the North Carolina CDBG Regulations (4NCAC19L). 3) Request adoption of the attached resolution establishing Policy and Plan for Optional Coverage Relocation Assistance as outlined under the required Uniform Relocation Assistance and Real Property Acquisition Policies Act, Sections 570.496a(d) and 570.606(d), of the interim rule, which describes the Act. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Grant Funding by the North Carolina Department of Commerce, Division of Community Assistance, SSHP ATTACHMENTS: CitizenParticipationResolutCitizenParticipationPlan (3 items) Resolution Establishing Poli REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: 15 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Public Hearing held. Recommendations approved. 16 17 18 19 20 21 {This page intentionally left blank} 22 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 7Estimated Time:Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing - Consideration of Adoption of Amendments to the Flood Plain Management Regulations BRIEF SUMMARY: The following amendment to the Flood Plain Management Regulations is a result of the Unified Development Ordinance (UDO) process. The amendment combines the County?s old regulations with the City of Wilmington and the State of North Carolina minimum standards for Coastal Flood Plain Regulations. Recommendations from the County?s All Hazard Mitigation Plan have also been included where appropriate. Changes from the existing ordinance have been highlighted and deletions are indicated by strikethrough. The attached memo explains the more significant changes. Following a work session on August 13, the New Hanover County Planning Board voted 7-0 to recommend approval of the proposed changes at their September 4th meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the attached Flood Plain Management Regulations with the changes as indicated. The Board may wish to schedule a workshop before final adoption. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: y for 10-20-0 A-332 CC summarA-332flood ordinance final 1 (2 documents) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: th Postponed until after work session is held on Nov.12. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 {This page intentionally left blank} 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 8Estimated Time:Page Number: Department: IT Presenter: Mike Arkinson and Bill Clontz Contact: Bill Clontz Item Does Not Require Review SUBJECT: Update on Recently Completed County-Wide Address Collection Project BRIEF SUMMARY: This project was recently completed by McKim and Creed within the allowed time, within the approved budget and with an error rate that was half of what was anticipated. The County now has recorded in our computer system an exact latitude and longitude of every building in New Hanover County. Further, we have modified our Inspections process to capture the location of all new buildings in the county. This is very valuable data because it is so widely used. Most County departments rely on it, especially public safety functions. Other users include the City, beaches, the business community and the public. RECOMMENDED MOTION AND REQUESTED ACTIONS: Information only. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: th Postponed until Nov. 17 meeting. 47 {This page intentionally left blank} 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 9Estimated Time:Page Number: Department: County Manager Presenter: Harry Dorsey Contact: Patricia A. Melvin Item Does Not Require Review SUBJECT: Payment for Work Performed BRIEF SUMMARY: Harry Dorsey, Owner of Carolina Communications, requested placement on the County Commissioners' agenda. His company performed work on the jail project, as a subcontractor to McGregor Industries, Inc. McGregor is J.M.Thompson's subcontractor for the jail's security system. Carolina Communications' last day on the project was April 14, 2003. Documents demonstrate that the amount payable to Carolina Communications totals $96,000. $44,000 of that amount is for work performed during the month of February, 2003. The remaining $52,000 is retainage. County staff sought to mediate this situation, to no avail. McGregor desires to resolve the matter utilizing the services of an arbitrator, to which Mr. Dorsey objects. Staff has notified J.M.Thompson of the alleged "failure to pay". RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear Mr. Dorsey. A formal opportunity will be available to address Mr. Dorsey's concerns during the scheduled December mediation with the general contractor, J. M. Thompson. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with the recommendation noted above. COMMISSIONERS' ACTIONS/COMMENTS: Heard Mr. Dorsey. 49 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 10Estimated Time:Page Number: Department: County Manager Presenter: Andy Atkinson Contact: Andy Atkinson Item Does Not Require Review SUBJECT: Status Report on the Activities Related to the Development of the Emergency Communications Center (911) and the Emergency Operations Center (EOC) BRIEF SUMMARY: Contract amendments are presently being completed in order to combine the efforts of the two architectural firms presently working on each of these facilities. Sharp Architects have completed design work on the new EOC. Ware Bonsell will be required to design the 911 Center as a new structure instead of an expanded space in the LEC. Currently, approximately $70,000 has been expended for architectural services. The plan is to move ahead with design and then bid. Once bids are received, we will come back to the Board for award of the construction contracts. Funds were budgeted for this project at the September 15, 2003 meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Update only - 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: With the change in status of the LEC, I wanted to revisit this with you prior to moving ahead. I believe that it is best to move functions to the new space as discussed in September. In order for the 911 Center to be expanded, the EOC needed a new facility regardless of the ownership of the LEC. Functionally, it is better for these two agencies to be co-located. I recommend continuing as recommended 9/15/03. COMMISSIONERS' ACTIONS/COMMENTS: Continue with the 911/EOC construction as approved at the meeting on 9/15/03 meeting. Motion carried 3-2, Chairman Davis and Commissioner Boseman voted no. 51 {This page intentionally left blank} 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 11Estimated Time:Page Number: Department: County Manager Presenter: Andy Atkinson Contact: Andy Atkinson Item Does Not Require Review SUBJECT: Discussion/Consideration of the Future Use of the Law Enforcement Center (LEC) BRIEF SUMMARY: Since the decision has been made to keep the LEC, direction is needed for staff to develop a plan for the building. RECOMMENDED MOTION AND REQUESTED ACTIONS: Discussion by the Board. Direct staff as necessary. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Direct staff. COMMISSIONERS' ACTIONS/COMMENTS: Motion made to relocate Sheriff?s office to Blue Clay Road with the Sheriff committing $150,000 toward the cost. Motion passed 3-2, commissioners Boseman and Davis voted no. Also, staff to report back to the Commissioners by the first of the year on future use of LEC. 53 {This page intentionally left blank} 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Regular Item #: 12Estimated Time:Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell Item Does Not Require Review SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following: Adult Care Home Community Advisory Committee (Maxwell and Walker) Board of Examiners of Electricians (Steele) Risk Management Advisory Committee (Hicks) RECOMMENDED MOTION AND REQUESTED ACTIONS: Make Appointments FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Make appointments. COMMISSIONERS' ACTIONS/COMMENTS: Made appointments noted above. 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 {This page intentionally left blank} 70 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. Approval of Minutes 73 3. Consideration of Resolution for Condemnation for Sewer Easement 75 4. Update Presentation on Water and Sewer Construction Activities/Projects 79 71 {This page intentionally left blank} 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 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 minutes of the August 18, 2003 meeting. 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. 73 {This page intentionally left blank} 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Water & Sewer Item #: 3Estimated 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. RO4211-007-003-000 Glynnwood Village a Subline of the Brookfield/Brierwood Sewer Project BRIEF SUMMARY: Staff has been informed by the original lending company, Homeside Lending, Inc., that they have transferred ownership of the referenced property to HUD. Attempts are being made to contact a local listing for HUD. Those attempts have not been successful. Condemnation may be necessary to obtain the easement within a reasonable length of time, since ownership is in question. Staff will continue to work on owner notification to attempt to obtain a resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the Resolution authorizing condemnation, with authorization for the Chairman to execute. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Brookfield/Briarwood ATTACHMENTS: glynwoodvillageresol REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with County Engineer's recommendation. COMMISSIONERS' ACTIONS/COMMENTS: Approved as recommended. 75 76 77 {This page intentionally left blank} 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Water & Sewer Item #: 4Estimated Time:Page Number: Department: Water & Sewer District Presenter: Wyatt E Blanchard Contact: Wyatt E Blanchard SUBJECT: Update on Water and Sewer Construction Activities/Projects Kings Grant Middle Sound Brookfield/Briarwood Water Treatment Plant BRIEF SUMMARY: The referenced water and sewer projects, as shown on the attached maps, are all under construction except the water treatment plant. The status of the projects are as follow: Kings Grant Section I Contract completion March 2004. All work is ahead of schedule. Contractor plans to have the project complete prior to January 1, 2004. Kings Grant Section II Contract completion August 2004. Contractor has just begun work. He has provided a schedule indicating the resources and the equipment to complete the project by August of 2004. It will be thirty to sixty days before this can be confirmed. Kings Grant Section III Contract completion May 2004. This project has not proceeded in a manner which has indicated completion will take place by May. Staff, along with our consulting engineer, has had several meetings with the contractor concerning the progress issue. The contractor has also been put on notice that he must provide a schedule and the resources to complete the project within the contract time, or other action may be necessary. Middle Sound Division I Contract completion March 2004. This project is proceeding well but due to the excess rain and the rainy season approaching, it appears that completion could be sixty (60) days beyond March 2004. Middle Sound Division II Contract completion June 2004. This contract is proceeding well with substantial completion by the end of June 2004. Middle Sound Division III The contractor which was awarded this contract went into bankruptcy and the contract was taken over by the bonding company. The bonding company has been cooperative and has given the work to another contractor for completion. The new contractor has begun work and is anticipated to complete the work by February 2004. Brookfield/Briarwood 79 Contract completion July 2004. The contractor has just begun this project. At this time, he anticipates completion in July of 2004 unless we receive an unusual amount of rain this winter. Water Treatment Plant Dan Dawson with WK Dickson will provide a brief status of this project. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommendation is not needed. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funds involved ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: No action required. COMMISSIONERS' ACTIONS/COMMENTS: Heard update. 80 81 {This page intentionally left blank} 82 83 {This page intentionally left blank} 84 85 {This page intentionally left blank} 86 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMATED ITEMS OF BUSINESS Page TIMES No. 1. Approval of Minutes 89 2. Ratification of Environmental Protection Agency Grant for Water Quality 91 Improvements in the Smith Creek Area 3. Approval of Request to Submit Grant Application and Local Governmental 93 Resolution to the North Carolina Governor?s Highway Safety Program for the 2004 Law Enforcement Liaison Reimbursement Grant 4. Approval of Addition of Two Positions to NCSU Payroll and Related Budget 95 Amendment 04-0065 (Cooperative Extension Service) 5. Approval of Contract #04-0118 with Gregory Poole Equipment Company for the 97 Purchase of a Caterpillar D8R Dozer Through Installment Financing for the Landfill 6. Approval of Disposal of Surplus Equipment and Vehicles Through County 101 Auction to be Held November 8, 2003 7. Approval of Cape Fear Garden Club Grant Award for the Juvenile Day Treatment 119 Program and Related Budget Amendment 04-0066 8. Approval of Waiver of Restrictive Covenants by New Market, LLC 121 New Hanover County Contract 04-0120 9. Approval of New Hanover County Contract 04-0112 - Amendment of Lease with 127 Airport Authority 10. Approval of Transfer of Funds from the Library?s Gift Account to the Library 133 Foundation of New Hanover County 11. Approval of New Hanover County and New Hanover County Fire District 135 Collection Reports 12. Approval of Release of Tax Value 139 13. Approval of Change Order for BMS Architects 141 Approval of Budget Amendments: 14.1 #04-0063 Human Relations Partnership Initiative 143 14.2 #04-0068 Health Department Programs 145 14.3 #2004-14 Federal Forfeited Property 147 14.4 #2004-15 Controlled Substance Tax 149 87 {This page intentionally left blank} 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell Item Does Not Require Review SUBJECT: Consent Agenda - Approval of Minutes BRIEF SUMMARY: Approve the following sets of minutes: Regular Meeting, August 18, 2003 Airlie Gardens Work Session, September 11, 2003 Emergency Sessions - Hurricane Isabel September 16, 2003 September 17, 2002 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. 89 {This page intentionally left blank} 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 2Estimated Time:Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Ratification of Environmental Protection Agency Grant for $157,500 for Water Quality Improvements in the Smith Creek Area BRIEF SUMMARY: The U. S. Environmental Protection Agency (EPA) has awarded the County $157,500 for watershed improvements. The grant application was approved by the County Commissioner at the May 6, 2002 meeting, as detailed in the attached agenda item. Matching funds are not required. These funds will be used for establishment of Best Management Practices (BMPs) for water quality improvement in two areas of the upper Smith Creek watershed. One area is near Laney High School and will also be used for environmental education. The second area will be along Candlewood Drive where the County purchased several properties using FEMA funds for acquisition of repetitive flood loss properties. The BMPs will include such measures as stream and wetland restorations, and floodplains improvement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board ratify the grant and authorize the County Manager to proceed forward with the project. 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 recommendation above. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 91 92 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 3Estimated Time:Page Number: Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff Contact: Sidney A. Causey, Sheriff SUBJECT: Request to Submit Grant Application and Local Governmental Resolution to the North Carolina Governor's Highway Safety Program for the 2004 Law Enforcement Liaison (LEL) Reimbursement Grant BRIEF SUMMARY: In return for participating in the NC Governor's Highway Safety Program's regional plan, the Sheriff's Office is eligible to apply for the 2004 Law Enforcement Liaison (LEL) Reimbursement Grant for equipment and in-state travel funds. The local governmental resolution authorizes an application in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $13,000, with no local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval for the Sheriff's Office to submit a grant application and local governmental resolution to the Governor's Highway Safety Program for the 2004 Law Enforcement Liaison (LEL) Reimbursement Grant. Additionally, recommend acceptance of grant and approval of associated budget amendment if grant is awarded. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: $13,000 in federal funds (no local match requirement). Funding breakdown: $5,000 in-state travel and $8,000 equipment. ATTACHMENTS: Local Governmental Resolution Note: A copy of the complete grant application is available in the County Manager's Office for review. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 93 94 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 4Estimated Time:Page Number: Department: Cooperative Extension Service Presenter: Melissa Hight Contact: Melissa Hight SUBJECT: Addition of Two Positions to NCSU Payroll (Cooperative Extension Service) BRIEF SUMMARY: The Cooperative Extension Service is requesting two positions currently funded by the Arboretum Foundation be included in the staffing agreement between the North Carolina Cooperative Extension Service/North Carolina State University and New Hanover County. The funding will be split equally between the County and the Arboretum Foundation for the cost of the Ability Garden Program Manager with benefits. The Arboretum Secretary will continue to be funded by the Arboretum Foundation, with no contribution from the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve including the Ability Garden Program Manager and Arboretum Secretary position in the staffing agreement between North Carolina Cooperative Extension Service/North Carolina State University and New Hanover County. Approve the related budget amendment budgeting funds from contingency for the cost of one half of the Ability Garden Program Manager for the remainder of the FY. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: There is an additional $13,700 County cost for the remainder of the FY and the additional annual cost to the County will be $22,818 adjusted for salary or benefit adjustments implemented by the State. ATTACHMENTS: 04-0065.d REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: Approve COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 95 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Budget Amendment DEPARTMENT: Non-Departmental/Contingencies/Cooperative Extension BUDGET AMENDMENT #: 04-0065 ADJUSTMENT DEBIT CREDIT Non-Departmental/Contingencies: Contingencies $13,700 Cooperative Extension: Contribution from Arboretum $36,300 Foundation Professional Services $50,000 EXPLANATION: To transfer funds from Contingency for the additional county cost of the positions being added to the Cooperative Extension Agreement with NC State for the remainder of the fiscal year. To budget Contribution from the Arboretum Foundation for the remainder of the cost of the positions. ADDITIONAL INFORMATION: With approval of this budget amendment the remaining balance in Contingencies will be $211,300. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved. 96 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 5Estimated Time:Page Number: Department: Environmental Management Presenter: Contact: Amy Akin SUBJECT: Approval of Contract # 04-0118 with Gregory Poole Equipment Company for the Purchase of a Caterpillar D8R Dozer Through Installment Financing for the Landfill BRIEF SUMMARY: In the adopted budget for this fiscal year, the Landfill received approval to purchase a bulldozer through installment debt financing. There are several other items that will be purchased with financing and therefore, financing will be secured as a lump sum amount when all items have been purchased and an exact financing amount is known. At that time, the installment contract will be brought back to the Board of Commissioners for approval to finalize the financing. As part of the resolution, reimbursement language is being included to acknowledge that the Caterpillar D8R dozer is being purchased with the intent to reimburse the County with the installment financing proceeds. Through G.S. 143-129(g) the County is allowed to "piggy back" on another government's contract if the vendor is willing to provide the item at the same or better price. Orange County, North Carolina formally bid for a bulldozer and awarded the contract to Gregory Poole Equipment Company for a Caterpillar D8R dozer on September 5, 2003. Gregory Poole Equipment Company has extended the same pricing to New Hanover County and allowed New Hanover County to add and delete options to customize the unit as needed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of resolution: 1. awarding contract # 04-0118 with Gregory Poole Equipment Company for the purchase of a Caterpillar D8R dozer in the amount of $424,288.00 2. approving the purchase to be made through installment financing with the understanding the County will reimburse itself at a later date 3. authorizing the County Manager to execute the contract FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funds to pay debt service payments to become due in this fiscal year were appropriated in account # 700- 480-4191-5940 in the adopted budget for the current fiscal year. ATTACHMENTS: The resolution is attached. 04-0118 resolution fo The draft contract is being forwarded to the County Manager's Office. 97 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. 98 99 {This page intentionally left blank} 100 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 6Estimated Time:Page Number: Department: Finance Presenter: Contact: Amy Akin SUBJECT: Disposal of Surplus Equipment and Vehicles Through County Auction to be Held November 8, 2003 BRIEF SUMMARY: Resolution for approval to authorize Finance Director's designated representative to dispose of surplus equipment and vehicles through County Auction to be held November 8, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend adoption of resolution authorizing Finance Director's designated representative to dispose of surplus equipment and vehicles through the County Auction to be held November 8, 2003. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Resolution and auction list. y04 auction resol f Auction List revised 10-7 for REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 7Estimated Time:Page Number: Department: County Manager Presenter: Richard Christian Contact: Richard Christian Item Does Not Require Review SUBJECT: Cape Fear Garden Club Grant Award BRIEF SUMMARY: The Cape Fear Garden Club has awarded the NHC Juvenile Day Treatment Program a grant in the amount of $8000. The grant will be used as part of the beautification project to purchase plant stock and complete the first phase of the landscaping project. RECOMMENDED MOTION AND REQUESTED ACTIONS: That the Commissioners agree to accept the funding, approve the associated budget amendment #04-0066, and thank the Cape Fear Garden Club. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: 04-0066.d ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 119 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Budget Amendment DEPARTMENT: JUVENILE DAY TREATMENT CENTER BUDGET AMENDMENT #: 04-0066 ADJUSTMENT DEBIT CREDIT Contribution - Cape Fear Garden Club $8,000 M&R Buildings and Grounds $8,000 EXPLANATION: Received grant from Cape Fear Garden Club for first phase of Grounds beautification project at the Juvenile Day Treatment Center. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved. 120 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 8Estimated Time:Page Number: Department: Legal Presenter: Kemp P. Burpeau, Deputy County Attorney and Bruce Shell, Finance Director Contact: Kemp P. Burpeau, Deputy County Attorney and Bruce Shell, Finance Director SUBJECT: Request for Approval of Waiver of Restrictive Covenants by New Market, LLC New Hanover County Contract #04-0120 BRIEF SUMMARY: As a property owner at Marketplace Mall, the County has been asked by New Market, LLC to agree to an amendment of the restrictive covenants to address a proposed use by Wayne Stamey, a prospective purchaser of a portion of the Mall tract to be sold by New Market. Mr. Stamey desires to store automobiles on the site he intends to purchase, in conjunction with his adjacent auto dealership. County staff has examined the proposal and sees no detriment from such use, as the area surrounding the buildings are already in use for parking. The area would be used only for storage, not sales. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize Manager to sign New Hanover County Contract #04-0120. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: (04)0120WaiverofRestrictiveC REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 121 122 123 124 125 126 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 9Estimated Time:Page Number: Department: Legal Presenter: Kemp P. Burpeau, Deputy County Attorney Contact: Kemp P. Burpeau, Deputy County Attorney SUBJECT: New Hanover County Contract #04-0112 Amendment of Lease with Airport Authority BRIEF SUMMARY: In 1989 the County leased the airport tracts to the Airport Authority for a thirty (30) year period. The description intended to cover "all that property and premises presently known as the New Hanover County International Airport." The original lease inadvertently omitted a certain parcel reference and instead included a non-airport reference. This proposed lease amendment will correct these clerical errors. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize execution of Lease Amendment to correct clerical errors. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: portLeaseAmen (04)0112-Air REVIEWED BY: LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 127 128 129 130 131 {This page intentionally left blank} 132 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 10Estimated Time:Page Number: Department: Library Presenter: Mary Hatcher, Chair Library Advisory Board Contact: David Paynter SUBJECT: Library Foundation BRIEF SUMMARY: The Library Advisory Board has established a library foundation; "The mission of the Library Foundation of New Hanover County is to strengthen the services of the New Hanover County Public Library by providing funding that complements, but does not supplant the responsibility of New Hanover County to adequately support its public library system." The foundation will be a tax exempt 501-C organization, which will be able to accept gifts, bequests, and other funds to improve library service. The Library Administration and Advisory Board thought it appropriate that memorials and gifts recently received in honor of David Brinkley be transferred to the Library Foundation. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize transfer of $11,835 from the Library's gift account to the Library Foundation of New Hanover County FUNDING SOURCE: Will above action result in: No Change In Position(s) 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: Approved. COMMENTS BY: FIN: Unless it is earmarked for the Foundation, this is a precedent you should think twice about starting. 133 {This page intentionally left blank} 134 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 11Estimated Time:Page Number: Department: TAX Presenter: None Required Contact: Patricia Raynor Item Does Not Require Review SUBJECT: New Hanover County and New Hanover County Fire District Collection Reports BRIEF SUMMARY: Collection reports as of September 30, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of these reports. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Sept03NHCColrpt 1 other to follow ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 135 136 137 {This page intentionally left blank} 138 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 12Estimated Time:Page Number: Department: TAX Presenter: None Required Contact: Robert Glasgow Item Does Not Require Review SUBJECT: Release of Value BRIEF SUMMARY: Request the following taxpayers be granted the Senior Citizen/Disability Exclusion (applications and letters explaining late filing are available upon request): Ballenger, Marian $ 39,756 Benson, Winfred B. $ 47,527 Freeman, Betty Bloodworth $ 39,456 Glover, Marvin $ 50,869 Hewett, James A. Shirley G. $ 46,060 McLamb, Leroy Pamela C. $ 58,566 Noland, John C. Jr. $ 61,114 Oerter, Gladys $ 58,035 Philemon, Bessie C. $ 38,335 Potter, Gale $ 21,657 Smith, Frances L. $ 86,699 Tate, Elizabeth H. $ 20,000 Thompson, Frederick $ 45,952 Topka, Uta $ 45,121 Whitman, Sherwood L. $ 38,748 Wilson, Edward R. $ 38,625 Request the following late list penalties be released as this was the taxpayer's first offense: Burnett, Gilbert H. $ 29.78 Hickmon, James R. Patricia F. $ 18.57 McKesson Automation Systems, Inc. $ 7.93 Myers, Cynthia D. $ 9.74 Request approval of the following delinquent applications for exemption from property tax for the following organizations: (applications and letters explaining late filing available upon request) Anchor Baptist Church R02900-004-028-000 Mount Zion AME Church R04819-018-001-000 Warner Outreach Ministries R04809-012-010-000 R04809-012-011-000 RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: 139 Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved. 140 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Consent Item #: 13Estimated Time:Page Number: Department: Airlie Presenter: Thomas Herrera-Mishler Contact: Thomas Herrera-Mishler/ Max Maxwell SUBJECT: Change Order for BMS Architects BRIEF SUMMARY: The Airlie Gardens Foundation Board has approved the conceptual design for the visitor center and staff facilities as proposed by BMS Architects. This design is based on the master plan adopted by the County Commissioners in February 2002. Airlie Gardens now requires the development of full construction documents in order to build these facilities and requests amendment of the original design contract with BMS Architects to include full design of the proposed visitor center and staff facilities. The change order amount is not to exceed $200,000 and is to be paid for with funds from the existing Airlie Gardens Capital Improvements Fund. These drawings are essential in order to have an accurate package to present to prospective donors for the $2.2 million Capital Campaign required to construct these structures. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the change order be awarded to BMS Architects for construction documents and authorization for the County Manager to execute the change order. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Fund 305-495-3050-7300-6000 (Airlie Gardens Capital Improvements Fund) ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-1, Commissioner Boseman voting no. 141 {This page intentionally left blank} 142 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Budget Amendment Consent Item #: 14.1Estimated Time:Page Number: DEPARTMENT: Human Relations BUDGET AMENDMENT #: 04-0063 ADJUSTMENT DEBIT CREDIT HUD Grant $50,000 Contract Services $50,000 EXPLANATION: To increase budget for additional award of $50,000 to Human Relations for Partnership Initiative. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved. 143 {This page intentionally left blank} 144 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Budget Amendment Consent Item #: 14.2Estimated Time:Page Number: DEPARTMENT: Health BUDGET AMENDMENT #: 04-0068 ADJUSTMENT DEBIT CREDIT Maternity Care Coordination: State Grant $7,500 Salaries & Wages $6,750 Employee Reimbursements $750 Breast & Cervical Cancer Program: State Grant $3,910 Contracted Services $3,910 Temporary Assistance to Needy Families: Temp Aid to Needy Families $17,827 Salaries & Wages $17,827 EXPLANATION: To budget additional state revenue for Health Department Programs. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved. 145 {This page intentionally left blank} 146 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Budget Amendment Consent Item #: 14.3Estimated Time:Page Number: DEPARTMENT: Federal Forfeited Property BUDGET AMENDMENT #: 2004-14 ADJUSTMENT DEBIT CREDIT Federally Forfeited Property $1,279 Capital Project Expense $1,279 EXPLANATION: To increase budget for additional revenue received on September 8, 2003. ADDITIONAL INFORMATION: Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved. 147 {This page intentionally left blank} 148 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Budget Amendment Consent Item #: 14.4Estimated Time:Page Number: DEPARTMENT: Controlled Substance Tax BUDGET AMENDMENT #: 2004-15 ADJUSTMENT DEBIT CREDIT Controlled Substance Tax $3,316 Capital Project Expense $3,316 EXPLANATION: To increase budget for additional revenue received on October 6, 2003. ADDITIONAL INFORMATION: Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved. 149 150 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Additional Item #: 1Estimated Time:Page Number: Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Return of Hurricane Isabel Fund to More Distressed Counties BRIEF SUMMARY: Blue Cross/Blue Shield generously donated $1.0 million to the State for use to aid victims of Hurricane Isabel whose damages are not met by FEMA aid. Based on the State appropriation formula, the County will receive $44,871 and possibly more if other donations are received. Two factors should be noted. First, residents of other counties are in greater need of these funds than New Hanover County residents. Although some New Hanover residents have suffered damage from Isabel, the level of damage is much greater further north. Second, based on the County's experience with a similar fund during Hurricane Floyd, the cost and bureaucracy of administering this relatively small amount of funds in compliance with State requirements does not justify the benefits. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board of Commissioners return its allocated funds to the State for disbursement to more impacted counties. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Removed, will be brought back at a later time if necessary. 151 152 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/20/03 Additional Item #: 2Estimated Time:Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney and Holt Moore, Assistant County Attorney Contact: Wanda M. Copley, County Attorney and Holt Moore, Assistant 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. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hold Closed Session FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hold the closed session. COMMISSIONERS' ACTIONS/COMMENTS: Held Closed session 153