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HomeMy WebLinkAboutAgenda 2003 11-03 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 November 3, 2003 5:30 p.m. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION PLEDGE OF ALLEGIANCE APPROVALOF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS Page TIMES No. 5:45 p.m. 1. Consideration of Proclamation Declaring November 16, 2003 as Westfield 5 Works Wonders 5:50 p.m. 2. Consideration of New Hanover County Board of Commissioners 2004 7 Schedule of Regular Meetings Public Hearings: 5:55 p.m. 3. Public Hearing - 2004 North Carolina (NC) Small Cities Community 11 Development Block Grant (CDBG) Program - Scattered Site Program (SSHP) - Request by Design Solutions for Elton Tucker, Trustee to rezone 15 6:05 p.m. 4.1 Rezoning approximately 20.88 acres of property located at 5960 Carolina Beach Road in the southwestern quadrant of the intersection of Sanders and Carolina Beach Roads from R-15 Residential to CD(B-1) Conditional Use B-1. (Z-769, 09/03) 6:35 p.m. 4.2 Rezoning - Request by Keith Calder for Bruce Cavenaugh to rezone 39 approximately 0.92 acres of property located between the 100 & 200 block of Judges Road from R-15 Residential to I-1 Light Industrial. (Z-770, 10/03) 6:45 p.m. 4.3 Thoroughfare Classification Plan Amendment - Request by Planning staff to 43 amend the Thoroughfare Classification Plan to reclassify the entire length of River Road to Collector Road status. (TCM-9, 10/03) 6:55 p.m. 5. Second Reading: Consideration of Contract Terms for County-Wide Solid 47 Waste Collection System 7:15 p.m. Break 7:25 p.m. 6. Meeting of the Water and Sewer District55 7:40 p.m. 7. Non-Agenda Items (limit three minutes) 7:50 p.m. 8. Additional Items: County Commissioners County Attorney County Manager 8:05 p.m. 9. Water and Sewer Agenda51 Closed Session Pursuant to G.S. 143-318.11(a)(3) 53 8:20 p.m. 10. Regular Agenda Closed Session Pursuant to G.S. 143-318.11(a)(3) and G.S. 131E-97.3 8:35 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 3 minutes) 2. Approval of Minutes57 3 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes61 2. Approval of Authorization for Assistant County Managers to Execute County 63 Documents 3. Approval of Donation of a 1999 Ford 15 Passenger Club Van to St. Luke 65 Ministries, Inc. for the After School Day Care Program for Inner City Children At Risk 4. Approval of Federal Emergency Management Act Funds 67 and Related Budget Amendment 04-0076 5. Approval of Keep America Beautiful Grant 69 and Related Budget Amendment 04-0077 6. Approval of Public School Building Capital Fund71 and Related Budget Amendment 2004-18 7. Approval of Administrative Office of the Courts Funding for Drug Court73 and Related Budget Amendment 04-0074 8. Approval of New Position Classifications to the Position Classification Plan75 9. Approval of Expenditure of Grassroots Reserve Dollars77 and Related Budget Amendment 04-0075 10. Approval of Acceptance of Land Donation from Mr.Bruce Jackson79 Approval of Budget Amendments: 11.1 #2004-16 Clean Water Management - Wetland Cells 83 11.2 #2004-17 Federal Point Volunteer Fire Department 85 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 1Estimated Time:Page Number: Department: Governing Body Presenter: Valerie Watkins Contact: Valarie Watkins, Westfield Shoppingtown Item Does Not Require Review SUBJECT: Consideration of Proclamation Declaring November 16, 2003 as Westfield Works Wonders BRIEF SUMMARY: Westfield Shoppingtown is hosting its annual corporate charity event on November 16, 2003. The proclamation is in support of the day to help non-profit organizations in our community. The Board has approved similar proclamations in the past. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: WWWonders.do ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, on November 16, 2003, from 6-9 P.M., Westfield Shoppingtown Independence will host Westfield Works Wonders, an annual corporate charity event; and WHEREAS, last year, nationwide thirty-nine Westfield malls generated $1.5 million for over 2,300 different non-profit organizations; and WHEREAS, last year locally over fifty-eight charities participated and more than $50,000 was generated for non-profit organizations in the Wilmington area; and WHEREAS, New Hanover County is pleased to endorse Westfield Works Wonders as a charity extravaganza that will support over fifty-four local non-profit organizations; NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby proclaim November 16, 2003 as Westfield Works Wonders day in New Hanover County and salutes the non-profit groups who participate to enhance their service to the entire community. Adopted this the 3rd day of November, 2003. ________________________________ Chairman Attest: _________________________________ Clerk to the Board 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 2Estimated Time:Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell Item Does Not Require Review SUBJECT: New Hanover County Board of Commissioners - 2004 Schedule of Regular Meetings BRIEF SUMMARY: Please note the attached 2004 Meeting Schedule for the Board of County Commissioners. Listed below are meetings that vary from the regular schedule. Tuesday, January 20, 2004: Monday, January 19, is the Martin Luther King, Jr. Holiday Meetings in March have been changed to the second and fourth Monday because the NACo Legislative Conference is being held in Washington, D.C. on February 27- March 2, 2004. Only one meeting has been scheduled in July, which is Tuesday, July 6, 2004, since Monday is the 4th of July Holiday. This meeting will begin at 2:00 p.m. to allow time for regular items to be heard that afternoon with Public Hearings starting at 6:00 p.m. Tuesday, September 7, 2003: Monday, September 5 is the Labor Day Holiday. Meetings in November have been changed to the second and fourth Monday because Election Day is Tuesday, November 2, 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Amend or adopt the schedule as presented. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Adopt a schedule for 2004. COMMISSIONERS' ACTIONS/COMMENTS: The schedule was amended to move the July meeting from July 6 to July 12, 2004. Approved 5-0. 7 8 9 {This page intentionally left blank} 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 3Estimated 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: Federal and State CDBG regulations require that two public hearings are conducted to solicit citizen comments concerning the implementation of the proposed County 2004 SSHP. CDBG regulations also require that strategies are developed that identify and make available opportunities in employment and procurement to low income citizens within the County to the greatest extent feasible. The plans to implement these strategies were given as part of the October 20 agenda item. Additional copies will be made available as requested. RECOMMENDED MOTION AND REQUESTED ACTIONS: 1) Request that the Commissioners conduct a 2nd 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 New Hanover County Equal Employment and Procurement Plan in accordance with Federal and State CDBG Regulations. 3) Request adoption of the New Hanover County Local Economic Benefit Plan in accordance with Federal and State CDBG Regulations. 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: 2 Resolutions REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing. Recommend approval. The first of the required public hearings was held at your last meeting. There were no comments from the public. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing. Approved 5-0. 11 12 13 {This page intentionally left blank} 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 4.1Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: CASE: Z-769, 09/03; APPLICANT: Design Solutions for Tucker REQUEST: R-15 Residential To CD (B-1) Conditional Use Neighborhood Business BRIEF SUMMARY: The petitioner is requesting a CD(B-1) Conditional Use Neighborhood Business Rezoning with a Special Use Permit for Limited Commercial Uses and Residential Uses. The subject property is located in the southwestern quadrant of the intersection of Carolina Beach Road and Sanders Road area. Staff Recommends Approval with the conditions listed on the Special Use Permit Findings. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 10/2/03: The Planning Board recommends approval with the following five conditions added to the accompanying Special Use Permit: 1) The developer shall make all improvements to the Sanders Road intersection as recommended in the TIA, driveways on Carolina Beach Road should also be consolidated. 2) To provide as much inter-connectivity as possible, access shall be provided from the proposed project to the rear of the lots that front on Carolina Beach Road. 3) Provide a pedestrian easement to the Bea Rivage Subdivision. 4) The buffers against the Beau Rivage Subdivision shall meet the minimum County standards and include an 8? high opaque fence and 2 rows of Leyland Cypress. 5) To maintain the existing Cypress Ponds, the site shall be engineered to ensure that the water table remains at the existing level. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-769 Finding of Ffd Z-769 Pet SumZ-769 reference sect 72-38 oZ-769 Sum. (4) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: 15 COMMISSIONERS' ACTIONS/COMMENTS: Request to rezone from R-15 Residential to B-1 Conditional Use Neighborhood Business was approved 4-1, Boseman dissenting. Special Use Permit as requested with five conditions as submitted by the Planning Board was approved 3-2, Pritchett and Boseman dissenting. 16 17 18 19 20 21 {This page intentionally left blank} 22 23 {This page intentionally left blank} 24 25 26 27 28 29 30 31 {This page intentionally left blank} 32 33 34 35 36 37 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 4.2Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: CASE: Z-770, 10/03; APPLICANT: Calder & Calder for Bruce Cavenaugh REQUEST: R-15 Residential To I-1 Light Industrial BRIEF SUMMARY: The petitioner is requesting a rezoning from R-15 Residential to I-1 Light Industrial. The property is located on Judges Road behind an existing automobile dealership. The subject property is classified by the New Hanover County Comprehensive Plan as Developed and is within the Urban Services Boundary. Recognizing the surrounding zoning designation and the adjacent land uses Staff Recommends Approval of the rezoning petition. Additionally Staff recommends that the Judges Road right of way adjacent to the subject property should also be included in the I-1 rezoning. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 10/2/03: Keith Calder presented the request for Mr. Cavenaugh. No one spoke in support or opposition. After a brief discussion the Planning Board unanimously voted to recommend approval as recommended by staff. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: Z-770 Sum.dZ-770 Pet Sum (2) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 39 40 41 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 4.3Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: CASE: TCM-9, 10/03 APPLICANT: Planning Staff REQUEST: To Reclassify River Road to Collector Road LOCATION: The entire length of River Road from the City Limits to Carolina Beach Rd BRIEF SUMMARY: River Road is currently classified as a local road. Planning Staff is proposing to reclassify the road to collector road status. As conditions change, revisions of the designation of certain facilities as indicated on the Thoroughfare Classification Plan may be necessary. Recognizing the function of River Road as a collector road Staff recommends reclassifying the entire length of River Road to Collector Road status. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 10/2/03: Planning Staff presented the request and explained the implications of the proposed Thoroughfare Classification Plan Amendment. No one spoke in support or in opposition. The Planning Board unanimously voted to Recommend Approval. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: u TCM-9 River Rd S (1) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 43 44 45 46 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 5Estimated Time:Page Number: Department: Legal Presenter: Ray Church and Holt Moore Contact: Ray Church and Holt Moore SUBJECT: Second Reading Consideration of Contract Terms for County-Wide Solid Waste Collection System BRIEF SUMMARY: This is the second reading of the contracts which were approved by the Board by a vote of 3 to 2 during the regular meeting on August 18, 2003. The contracts are for the three waste haulers to provide residential solid waste collection and other environmental services to all of the unincorporated County. NOTE: Commissioners' Actions/Comments from 09/15/03: bring back on second meeting in October 2003. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct second reading. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct second reading. COMMISSIONERS' ACTIONS/COMMENTS: Collection of household and yard waste at the rate of $19.95/month failed 3-2, Greer, Boseman and Caster opposing. 47 48 49 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 9Estimated Time:Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney, Kemp P. Burpeau, Deputy County Attorney, Wyatt Blanchard, County Engineer Contact: Kemp P. Burpeau, Deputy County Attorney, Wyatt Blanchard, County Engineer SUBJECT: Water and Sewer Agenda 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: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: N/A REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct closed session. COMMISSIONERS' ACTIONS/COMMENTS: Held closed session to discuss potential litigation. No action was taken. 51 {This page intentionally left blank} 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Regular Item #: 10Estimated 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: Regular Agenda Closed Session Pursuant to G.S. 143-318.11(a)(3) and G.S. 131E-97.3 BRIEF SUMMARY: Closed Session to consult with our attorney regarding a matter of litigation and information relating to competitive health care activities involving New Hanover Regional Medical Center. 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: N/A REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct closed session. COMMISSIONERS' ACTIONS/COMMENTS: Discussed legal matters. No action was taken. The Board was contacted by a firm in Tennessee regarding a possible lease at New Hanover Regional Medical Center. The Board is not interested. COMMENTS BY: LGL: COMMENTS BY: FIN: COMMENTS BY: BUD: COMMENTS BY: HR: 53 {This page intentionally left blank} 54 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 3 minutes) 2. Approval of Minutes 57 55 {This page intentionally left blank} 56 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 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 sets of minutes: Regular Meeting, September 15, 2003 Regular Meeting, October 6, 2003 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the 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. 57 {This page intentionally left blank} 58 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 61 2. Approval of Authorization for Assistant County Managers to Execute County 63 Documents 3. Approval of Donation of a 1999 Ford 15 Passenger Club Van to St. Luke 65 Ministries, Inc. for the After School Day Care Program for Inner City Children At Risk 4. Approval of Federal Emergency Management Act Funds 67 and Related Budget Amendment 04-0076 5. Approval of Keep America Beautiful Grant 69 and Related Budget Amendment 04-0077 6. Approval of Public School Building Capital Fund 71 and Related Budget Amendment 2004-18 7. Approval of Administrative Office of the Courts Funding for Drug Court 73 and Related Budget Amendment 04-0074 8. Approval of New Position Classifications to the Position Classification Plan 75 9. Approval of Expenditure of Grassroots Reserve Dollars 77 and Related Budget Amendment 04-0075 10. Approval of Acceptance of Land Donation from Mr.Bruce Jackson 79 Approval of Budget Amendments: 11.1 #2004-16 Clean Water Management - Wetland Cells 83 11.2 #2004-17 Federal Point Volunteer Fire Department 85 59 {This page intentionally left blank} 60 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 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, September 15, 2003 Regular Meeting, October 6, 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: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The minutes of September 15, 2003 were removed. Approved 5-0. 61 {This page intentionally left blank} 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Consent Item #: 2Estimated Time:Page Number: Department: County Manager Presenter: Allen O'Neal Contact: Allen O'Neal SUBJECT: Authorization for Assistant County Managers to Execute County Documents BRIEF SUMMARY: Staff requests the Board's approval for the Assistant County Managers to be authorized to execute County documents in the County Manager's absence or as directed to do so. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: gerDesigneeResolut Mana REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: Approve COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 63 DRAFT A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS The New Hanover County Board of Commissioners does hereby resolve as follows: WHEREAS, the New Hanover County Board of Commissioners appoints the County Manager, Allen O?Neal, to act on its behalf in operational and financial matters involving County government; and WHEREAS, in performing his duties as County Manager, certain documents, including but not limited to contracts, grants, and fiscal instruments must be executed by the Manager on behalf of the County; and WHEREAS, in the Manager?s absence, time may be of the essence in executing certain documents and it is necessary for the Manager?s designee(s) to execute the required documents. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the Assistant County Managers, Patricia A. Melvin and David F. Weaver are hereby authorized to execute documents in the Manager?s absence or pursuant to his directive. rd This the 3 day of November, 2003. NEW HANOVER COUNTY [SEAL] ______________________________ Ted Davis, Jr., Chairman ATTEST: ____________________ Clerk to the Board 64 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Consent Item #: 3Estimated Time:Page Number: Department: Sheriff's Office Presenter: Contact: Amy Akin SUBJECT: Donation of a 1999 Ford 15 Passenger Club Van to St. Luke Ministries, Inc. for the After School Day Care Program for Inner City Children At Risk BRIEF SUMMARY: The Sheriff desires to transfer as a donation a 1999 Ford 15-Passenger Club Van to St. Luke Ministries, Inc. for the after school day care program. The conditions of the conveyance would stipulate that the van was to be used only for the after school day care program, or such other purpose as the County may authorize, and that when the van is sold, proceeds from the sale shall be used exclusively for the after school day care program. General Statute 160A-279 authorizes the County Board of Commissioners to approve this type of transfer of property and to attach conveyance conditions to assure the property will be put to a public use. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of the attached resolution which approves the transfer and directs County staff to process any required documents to consummate the transaction. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funds required for the transaction. ATTACHMENTS: resolution for transfer of van to a REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 65 66 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Consent Item #: 4Estimated Time:Page Number: Department: Emergency Management Presenter: Contact: Warren Lee SUBJECT: Federal Emergency Management Act Funds BRIEF SUMMARY: Emergency Management has been awarded a grant in the amount of $20,160 from FEMA for Emergency Operations Planning. The funds will be used for updating the Emergency Operations Plan with emphasis on Terrorism Preparedness. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the grant; request authorization for Emergency Management Director, Warren Lee, to sign the grant document; request approval of budget amendment #04-0076. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ba04-0076.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 5-0. 67 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Budget Amendment DEPARTMENT: Emergency Management BUDGET AMENDMENT #: 04-0076 ADJUSTMENT DEBIT CREDIT Federal Emergency Mgmt. Act $20,160 Contracted Services $20,160 EXPLANATION: To budget grant awarded to Emergency Management for Emergency Operations Planning. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 68 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Consent Item #: 5Estimated Time:Page Number: Department: Environmental Management Presenter: Jason Hale, Solid Waste Planner Contact: Jason Hale Item Does Not Require Review SUBJECT: Keep America Beautiful Grant BRIEF SUMMARY: Keep America Beautiful has been offered a $1,315 grant (contract #04-0135) from N.C. Department of Environment and Natural Resources. The associated project involves a two-year reinvigoration of the "Care Grounds" at Hugh McRae Park with considerable assistance from the Juvenile Day Treatment Center. More specifically, for two consecutive years Center youth volunteers will plant native seedlings in pots in an irrigation field at Hugh McRae Park. These volunteers will care for the seedlings, then re-plant them in non-profit settings such as schools and parks throughout the community. The County's match will be the time dedicated to the project by Juvenile Day Treatment Center youth volunteers and staff. A copy of the grant is available for review in the County Manger's office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests the Board of Commissioners accept the grant, authorize the County Manager to sign the grant document, and approve budget amendment #04-0077. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ba04-0077.d ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 69 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Budget Amendment DEPARTMENT: Environmental Management BUDGET AMENDMENT #: 04-0077 ADJUSTMENT DEBIT CREDIT Urban Forestry Grant $1,315 Dept. Supplies $1,315 EXPLANATION: To budget grant awarded to Environmental Management-Keep American Beautiful ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 70 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Consent Item #: 6Estimated Time:Page Number: Department: Finance Presenter: Bruce Shell Contact: Bruce Shell SUBJECT: Public School Building Capital Fund BRIEF SUMMARY: The State has approved use of the Public School Building Capital Fund to reimburse for expenditures related to Parsley Elementary School. The Board of Education will use these funds for Murrayville Elementary. The fund currently has $780,412 remaining to be spent on state approved capital projects. This budget amendment of $1,729,064 increases this funding to $2,509,476. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of budget amendment #2004-18. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ba2004-18.d REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 71 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Budget Amendment DEPARTMENT: Public School Building Capital Project Fund BUDGET AMENDMENT #: 2004-18 ADJUSTMENT DEBIT CREDIT Public School Bldg. Cap. Fund $1,729,064 Extended Project Expense $1,729,064 EXPLANATION: To increase project budget for Parsley Elementary School, approved for funding by Public School Building Capital funds. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Consent Item #: 7Estimated Time:Page Number: Department: Finance Presenter: Contact: Bruce Shell SUBJECT: Approval of Administrative Office of the Courts Funding for Drug Court BRIEF SUMMARY: The Administrative Office of the Courts has awarded a "good-faith" grant amount of $107,380 for fiscal year 2003-04 to fund the Drug Court in New Hanover County. We presently contract with Coastal Horizons Center, Inc. to operate the program for the County. No county funds are required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request acceptance of the grant and approval of budget amendment #04-0074. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: State $107,380 ATTACHMENTS: ba04-0074.d REVIEWED BY: LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 73 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Budget Amendment DEPARTMENT: Finance BUDGET AMENDMENT #: 04-0074 ADJUSTMENT DEBIT CREDIT Adm. Office of Courts Grant $107,380 Contracted Services $107,380 EXPLANATION: To budget grant from Administrative Office of the Courts to fund the Drug Court administered by Coastal Horizons Center, Inc. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Consent Item #: 8Estimated Time:Page Number: Department: Human Resources Presenter: Andre' R. Mallette Contact: Andre' R. Mallette SUBJECT: Approval of New Position Classifications to the Position Classification Plan BRIEF SUMMARY: As an ongoing responsibility, staff in the Human Resources Department review budgeted positions to determine whether they are appropriately classified. If it is determined that a position needs to be reclassified, and the classification to which it should be assigned exists in the County's approved Position Classification Plan, that recommendation is forwarded from the Human Resources Director to the County Manager for approval. If, however, it is determined that a new classification needs to be created, Article II Section 3 of the personnel policy requires that in addition to the approvals stated above, the new classification must be submitted to the Board of Commissioners for their approval and that it be added to the Position Classification Plan. Listed below are six new classifications that are being recommended for inclusion in the Position Classification Plan. Health Program Administrator - Pay Grade MG05 ($55,869 - $85,696) Revaluation Coordinator - Pay Grade PT05 ($40,706 - $62,462) Community Services Coordinator - Pay Grade PT07 ($46,405 - $71,178) Sr. Information Support Services Specialist - Pay Grade PT05 ($40,706 - $62,462) Information Technology Development Manager - Pay Grade PT09 ($52,083 - $79,893) Executive Assistant to the County Manager - Pay Grade PT06 ($43,888 - $67,371) RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve adding the classifications listed above to the County's Position Classification Plan. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: 75 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Consent Item #: 9Estimated Time:Page Number: Department: Museum Presenter: Ruth Haas Contact: Ruth Haas SUBJECT: Approve Expenditure of Grassroots Reserve Dollars BRIEF SUMMARY: A number of years ago, $50,000 of Grassroots Science Museum Collaborative grant money was transferred to the Cape Fear Museum Associates, Inc. to begin a reserve account with the potential to earn income. The money was to ultimately go toward long-term improvements for the Museum. The Museum is now requesting approval to transfer this money back into the Museum's budget to apply toward installing the long-term 20th-century exhibit. Specifically, the dollars will go toward contracted services to gain the assistance of an exhibits media design firm to assist with audio-visual and interactive components of the exhibit. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the transfer of $50,000 from Cape Fear Museum Associates, Inc. and approve related Budget Amendment #04- 0075. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: 04-0075.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 5-0. 77 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Budget Amendment DEPARTMENT: Museum BUDGET AMENDMENT #: 04-0075 ADJUSTMENT DEBIT CREDIT Contr/CF Museum Association $50,000 Transfer to Capital Project $50,000 EXPLANATION: Transfer of funds from Cape Fear Museum Associates, Inc. for the long-term 20th-century exhibit. 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: 11/03/03 Consent Item #: 10Estimated Time:Page Number: Department: Planning Presenter: Dexter Hayes Contact: Dexter Hayes Item Does Not Require Review SUBJECT: Acceptance of Land Donation from Mr. Bruce Jackson BRIEF SUMMARY: Acceptance of a conservation and open space donation for a remnant parcel, noted by a star on the attached map, located off Myrtle Grove Road. The property adjoins a recently acquired estuarine island that was purchased as part of the Hurricane Floyd (FEMA) buyout. This donation will provide a natural expansion to the County property on the AIWW. RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning Staff recommends acceptance. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: N/A ATTACHMENTS: map attached ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recomend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 79 {This page intentionally left blank} 80 81 {This page intentionally left blank} 82 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Budget Amendment Consent Item #: 11.1Estimated Time:Page Number: DEPARTMENT: Clean Water Mgmt-Wetland Cells BUDGET AMENDMENT #: 2004-16 ADJUSTMENT DEBIT CREDIT Sales Tax Refund $23,924 Interest on Investments $25,814 Extended Project Expense $2,854 Transfer to Eng. Mgmt. $52,592 EXPLANATION: For accounting purposes only; to close fund 730-Clean Water Mgmt. -Wetland Cells ADDITIONAL INFORMATION: APPROVAL STATUS: For Budget Officer's approval; then report to Board Of Commissioners at next regular meeting COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 83 {This page intentionally left blank} 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/03/03 Budget Amendment Consent Item #: 11.2Estimated Time:Page Number: DEPARTMENT: Federal Point VFD BUDGET AMENDMENT #: 2004-17 ADJUSTMENT DEBIT CREDIT Sales Tax Refund $18,710 Interest on Investments $14,733 Extended Project Expense $43,686 Transfer to Fire Service District $77,129 EXPLANATION: For accounting purposes only; to close fund 344-Federal Point VFD. ADDITIONAL INFORMATION: APPROVAL STATUS: For Budget Officer's approval; then report to Board Of Commissioners at next regular meeting COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 85