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Home My WebLink About2019-10-21 RM ExhibitsExhibi Book '��- Page 5� NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2020 Agenda Review and Regular Meeting Schedules Agenda Review Meeting Dates Agenda Review Meeting Times Regular Meeting Dates Regular Meeting Times Location: NHC Government Center Conference Room 601 Location: NHC Courthouse, 24 North 3`d Street, Room 301 Thursday, January 2 4:00 p.m. Monday, January 6 4:00 p.m. Thursday, January 16 4:00 p.m. Tuesday, January 21 9:00 a.m. Thursday, January 30 4:00 p.m. Monday, February 3 4:00 p.m. Thursday, February 13 4:00 p.m. Monday, February 17 9:00 a.m. Thursday, March 5 .4:00 p.m. Monday, March 9 4:00 p.m. Thursday, March 19 4:00 p.m. Monday, March 23 9:00 a.m. Thursday, April 2 4:00 p.m. Monday, April 6 4:00 p.m. Thursday, April 16 4:00 p.m. Monday, April 20 9:00 a.m. Thursday, April 30 4:00 p.m. Monday, May 4 4:00 p.m. Thursday, May 14 4:00 p.m. Monday, May 18 9:00 a.m. Thursday, May 28 4:00 p.m. Monday, June 1 4:00 p.m. Thursday, June 11 4:00 p.m. Monday, June 15 9:00 a.m. Thursday, July 9 4:00 p.m. Monday, July 13 4:00 p.m. Thursday, August 6 4:00 p.m. Monday, August 10 4:00 p.m. Thursday, August 20 4:00 p.m. Monday, August 24 9:00 a.m. Thursday, September 3 4:00 p.m. Tuesday, September 8 4:00 p.m. Thursday, September 17 4:00 p.m. Monday, September 21 9:00 a.m. Thursday, October 1 4:00 p.m. Monday, October 5 4:00 p.m. Thursday, October 15 4:00 p.m. Monday, October 19 9:00 a.m. Thursday, November 12 4:00 p.m. Monday, November 16 4:00 p.m. Thursday, December 3 4:00 p.m. Monday, December 7 4:00 p.m. Conference Dates: NACo Legislative Conference, Washington, D.C. NCACC County Assembly Day, Raleigh, NC NACo Annual Conference, Orange County, FL NCACC Annual Conference, Cabarrus County, NC February 29 - March 4, 2020 May 2020 (TBD) July 17 -20, 2020 August 13 - 15, 2020 Exhibit Book Page 5• NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS WHEREAS, General Statute 47 -30.2 requires that every County appoint one or more Map Review Officers to examine and approve plats and maps prior to recordation at the Registry of Deeds; and WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy and consistency; and WHEREAS, the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach and New Hanover County have requested that the staff listed below be designated Map Review Officers. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following staff be designated as Map Review Officers: For the Unincorporated areas of New Hanover County and the Towns of Carolina Beach, Kure Beach, and Wrightsville Beach: • Ken Vafier, Planning Manager • Brad Schuler, Senior Planner • Ron Meredith, Current Planner • Gideon Smith, Current Planner • Linda E. Painter, Zoning Compliance Official • Dylan McDonnell, Long Range Planner • Ed Parvin, Assistant Town Manager (Town of Carolina Beach only) • Jeremy Hardison, Planning & Development Director (Town of Carolina Beach only) • Miles Murphy, Town Planner (Town of Carolina Beach only) • Gigi Baggarley, GIS Administrator (Town of Carolina Beach only) • John Batson, Inspector (Town of Kure Beach only) • Tony Wilson, Director of Planning and Parks (Town of Wrightsville Beach only) For the City of Wilmington: • David E. Cowell, PE, City Engineer • Richard Christensen, PE, Project Engineer • Rob Gordon, PE, City Plan Review Engineer • Peter J. Brennon, Jr., PLS, Surveyor • Ed Ashworth, Surveyor • Ronald H. Satterfield, Jr., Assistant Planning Director • Brian Chambers, Senior Planner • Nicole Smith, Associate Planner • Craig Harris, Associate Planner r • Jeff Walton, Associate Planner • Patrick O'Mahony, Associate Planner , • Kathryn Thurston, Zoning Administrator - • ADOPTED this the 211 day of October, 2019. N A ER COUNTY than Barfiel , Chai man ATT T: <"Jslo� a 0—'t�o Ky erleigh G. Cr ell, Clerk to the Board Exhibit ��/� '' -_ Books =' Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE REPAIR, RESTORATION AND ENCAPSULATION OF REGISTER OF DEEDS RECORDS WHEREAS, North Carolina General Statute 132 -7 provides that Board of County Commissioners of any county may authorize that any county records in need of repair, restoration, or rebinding be removed from the building or office in which such records are ordinarily kept, for the length of time required to repair, restore, or rebind them; and WHEREAS, New Hanover County Death books 47, 66, 67, 68, 74, 75, 76, 77, 78, 79, 80, 81, 82 part 1, 82 part 2, 83, 84, 85, 86; Delayed Birth books 42, 45, 51, 68, 76, 104, 153, 195; Birth books 66, 67, 83, 84, 85, 86, 87, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 105, 106, 107, 108, 109, 110, 111, 120, 121, 122, 123, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149 and 150 are in desperate and dire need of repair, restoration and encapsulation due to years of constant handling and use; and WHEREAS, it is the County's obligation to maintain and preserve the historical documents contained in the New Hanover County Registry to ensure for future generations that the people will have access to historical documents in their original condition; and WHEREAS, New Hanover County has entered into a contract with Kofile Preservation to deacidify, mend, and encapsulate the records identified above. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby authorize and sanction Tammy T. Beasley, New Hanover County Register of Deeds, to remove the records identified from the New Hanover County Registry for the purposes of repair, restoration, and encapsulation by Kofile Preservation. ADOPTED this the 2111 day of October, 2019. NEW HA VER COUNTY "/J/ J nation Ba , J ,Chairman ATTEST• Ky b rleigh G. Cro I, Clerk to the Board Exhibit � 35• ��—• Book X Page New Hanover Countv Monthly Collection Report for August 2019 Current Year 2019 -2020 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined T146,529,196.28 $ (7,414.83) $ 597.68 $ 9,356,318.78 $ - $ - $ 2,069,763.47 $ $ $ 157,955,278.53 (7,414.83) 597.68 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 146,522,379.13 7,692,018.62 1,341.44 (193.09) $ $ $ $ 9,356,318.78 6,212.50 - (765.51) $ $ 2,069,763.47 2,069,763.47 $ $ $ $ 157,948,461.38 9,767,994.59 1,341.44 (958.60) Outstanding Balance $ 138,831,508.86 $ 9,349,340.77 $ - $ 148,180,849.63 Collection Percentage 5.25 890.53 0.071 $ 100.00 $ 6.18 YTD Interest Collected $ - $ - 1 $ 17,210.11 $ 17,210.11 $ 1,090.86 $ 244,666.67 *Refunds $ 19,579.73 $ 2,536.29 Total 2019 -2020 Collections YTD $ 9,783,863.26 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,461,488.76 $ 4,153,832.71 $ 497,337.43 $ 6,112,658.90 Abatements $ (4,446.85) $ (13,221.99) $ - $ (17,668.84) Adjustments $ - $ 890.53 $ 890.53 Total Levy $ 1,457,041.91 $ 4,141,501.25 $ 497,337.43 $ 6,095,880.59 Collections to Date $ 176,715.75 $ 66,860.06 $ 1,090.86 $ 244,666.67 *Refunds $ 19,579.73 $ 2,536.29 $ 36.30 $ 22,152.32 Write -off $ (1.37) $ (119.13) $ (3.70) $ (124.20) Outstanding Balance $ 1,299,904.52 $ 4,077,058.35 $ 496,279.17 $ 5,873,242.04 YTD Interest Collected $ 20,715.02 1 $ 8,895.001 $ 394.05 1 $ 30,004.07 Total Prior Year Collections YTD Grand :Total Al(`CoilettionS YrtD ,:; : .. . * Detailed ' formation for Refunds can be found in the Tax Office , N ydOVERC UN� �IJ Av� // /// +� c.n r n w C r to th Boar 0 2l Date •I P.A. $ 252,518.42 Exhiby g �• b Book * a e New Hanover County Fire District Monthly Collection Report for August 2019 Current Year 2019 -2020 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 8,766,218.38 $ (504.45) $ 4,902.64 $ 727,794.41 $ - $ - $ 158,819.93 $ $ $ 9,652,832.72 (504.45) 4,902.64 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 8,770,616.57 479,319.93 - (20.10) $ $ $ $ 727,794.41 715.85 - (72.80) $ $ 158,819.93 158,819.93 $ $ $ $ 9,657,230.91 638,855.71 - (92.90) Outstanding Balance $ 8,291,276.54 $ 727,005.76 $ - $ 9,018,282.30 Collection Percentage 5.47 136.29 0.111 $ 100.00 $ 6.62 YTD Interest Collected $ - $ - 1 $ 1,271.94 $ 1,271.94 $ 51.41 $ 12,205.94 *Refunds $ - $ 103.82 Total 2019 -2020 Collections YTD 640,127:65 Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Combined Scroll $ 81,964.20 $ 227,599.09 $ 28,922.46 $ 338,485.75 Abatements $ (621.72) $ (26.62) $ (648.34) Adjustments $ 136.29 $ 136.29 Total Levy $ 81,342.48 $ 227,708.76 $ 28,922.46 $ 337,973.70 Collections to Date $ 7,903.39 $ 4,251.14 $ 51.41 $ 12,205.94 *Refunds $ - $ 103.82 $ 103.82 Write -off $ (4.89) $ (10.62) $ (0.39) $ (15.90) Outstanding Balance 1 $ 73,434.20 $ 223,550.82 1 $ 28,870.66 1 $ 325,855.68 YTD Interest Collected 1 $ 879.17 $ 444.18 1 $ 36.511 $ 1,359.86 Total Prior Year Collections YTD Grand Total All Collections YTD°M *Detailed information for Refunds can be found in the Tax Office uate 13;565.80 Exhibit Book '('iLrPage Jr• New Hanover County Debt Service Monthly Collection Report for August 2019 Current Year 2019 -2020 Total 2019 -2020 Collections YTD 2:e Prior Years 2009 -2018 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined $ 19,335,872.17 $ 1,227,463.38 $ 273,016.79 $ 20,836,352.34 Scroll /Billed Abatements $ (978.45) $ - $ - $ (978.45) Adjustments $ 78.86 $ - $ - $ 78.86 Total Taxes Charged $ 19,334,972.58 $ 1,227,463.38 $ 273,016.79 $ 20,835,452.75 Collections to Date $ 1,011,848.73 $ 770.20 $ 273,016.79 $ 1,285,635.72 *Refunds $ - $ - $ (16.24) $ - Write -off $ (25.51) $ (101.47) 196,547.73 $ - $ (126.98) Outstanding Balance $ 18,323,098.34 $ 1,226,591.71 $ - $ 19,549,690.05 Collection Percentage 5.23 0.07 100.00 6.17 YTD Interest Collected $ - $ - $ 2,241.31 Total 2019 -2020 Collections YTD 2:e Prior Years 2009 -2018 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office vale F" 4 fY $ 26,306.09 Real Estate Personal Property Motor Vehicles Combined Scroll $ 125,470.73 $ 202,521.88 $ - $ 327,992.61 Abatements $ (331.57) $ (880.11) $ (1,211.68) Adjustments $ 117.51 $ 117.51 Total Levy $ 125,139.16 $ 201,759.28 $ - $ 326,898.44 Collections to Date $ 19,251.26 $ 5,379.72 $ - $ 24,630.98 *Refunds $ 459.59 $ 184.41 $ - $ 644.00 Write -off $ (7.22) $ (16.24) $ - $ (23.46) Outstanding Balance $ 106,340.27 $ 196,547.73 $ - $ 302,888.00 YTD Interest Collected $ 1,816.86 $ 502.25 $ - $ 2,319.11 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office vale F" 4 fY $ 26,306.09 Exhibi �� Book LZ Page &5_,L-- AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage to the budget Fund: General Fund Department: Various Ex enditure: Decrease Increase Total BA 20 -012 - Grant Expenditures by Function Human Services $ 252,107 $ 252,107' Public Safety $ 85 011 $ 85, 011 Prior to Actions Total if Actions Todav Taken General Fund Budget Appropriated Fund Balance Fund: Fire Services Department: Fire S, Expenditure: BA 20 -012 - Grant Prior to Actions Total if Actions Todaz Taken Fire Services Fund Budget IYA WOMMM; Fund: Local Law Enforcement Block Grant Fund Department: Sheriff Revenue: Decrease Increase Total BA 20 -012 - Grant Revenues $ 892784 $ 89,784 Prior to Actions Total if Actions Todal Taken LLE Block Grant Fund Budget Section 2: Explanation BA 20 -012 - New Hanover County receives multiple grants that do not correspond with the fiscal year, meaning the expiration dates are not June 30. For this reason, this budget amendment is being presented for adoption to rollover unexpended grant expenditures from FY19 to FY20. Grant revenues will also be increased. The General Fund's Appropriated Fund balance will be increased by $13,323, which represents the county's cash match required by grantors of two grants. The grant rollover for the General Fund is $337,118, the Fire Services fund is $30,000 and the Local Law Enforcement Block Grant fund is $89,784. The total amount of grant rollovers for FY20 is $456,902. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -012 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. 7 ":. Adoocd;"this 21st day of October, 2019. (SEAL 7441 IF �§ erleigh G. Cro )&1, Clerk to the Board ExhibitxLl Book Page • Jib AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Understand / act on citizen needs Fund: Health and Human Services Facility Department: Health and Human Services E enditure: Decrease Increase Total BA 20 -013 - Capital Project Expense $ 20 000 Is 20 000 Total. •k,.: ;:.< <,.::��..,- .�,,y�. dill Prior to Actions Total if Actions Today Taken Project Fund Budget q`• `' =: "8 ..`t Section 2: Explanation BA 20 -013 - The county has received a private donation to be used solely for the design, purchase and installation of an outdoor playground and fencing at the Health and Human Services Facility. This amendment will budget the revenue and expense in the capital project fund. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -013 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted; ffiisi -day of October, 2019. (SEAT .l ATTEST: 1 � 1 K berleigh G. Cro 11, Clerk to the Board Exhibit --� xx Book �-L- Pagec.—!f— NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far - reaching and may have lifetime implications for families, the criminal justice system and our community; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency crisis intervention and ongoing support and services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, 1,206 adults and 204 children received direct services such as court accompaniment, advocacy, empowerment groups, and counseling. This includes 158 adults and 112 children who received emergency shelter through Domestic Violence Shelter and Services, Inc. in the year 2018; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment; and WHEREAS, this year's theme Shine Your Light serves as a call to action for citizens of New Hanover County to encourage, support and empower one another to live lives free from violence. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages our citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2019 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 215' day of October, 2019. ,1 ATTE T: 1 Kyru erleigh G. Cro%Wll, Clerk to the Board I� Exhibitt� �� Book/ Page 35- !46- NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS 9 AND 10A WHEREAS, after due advertisement, bids were recorded by the New Hanover County Environmental Management Department at 2:00 p.m. on the 10th day of September, 2019, at the New Hanover County Environmental Management Department offices, 3002 U.S. Highway 421 N., Wilmington, North Carolina; and WHEREAS, three (3) bids were received from qualified bidders and the bid tabulation shown for the three (3) qualified bidders includes the cost of the construction of Landfill Cells 9 and 10A; and Bidder Bid Amount for Cells 9 & 10A Atlantis CGI $4,743,130.00 ES8J Enterprises, Inc. $4,317,314.00 Wells Brothers Construction $4,613,927.60 WHEREAS, of these three (3) qualified bidders, ESW Enterprises, Inc. submitted the lowest responsible bid for the construction of Landfill Cells 9 & 10A in the amount of $4,317,314.00; and WHEREAS, a bid evaluation was completed by SCS Engineers P.C., determining that ESW Enterprises, Inc. met the criteria for minimum experience as set forth in Section 00100 INVITATION TO BID; and WHEREAS, funds for this.project are available in the capital project fund for Southern Property Cell Construction fund and as adopted in the fiscal year 2019 budget for the Environmental Management Enterprise Fund, and additional funds needed for this project are available for transfer from the Northern Property Closure capital project fund. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby authorizes the award of the contract for the construction of Landfill Cells 9 & 10A to ESW Enterprises, Inc., and that the County is hereby authorized and directed to negotiate and execute a contract, the form of which shall be approved by the County Attorney. ADOPTED this-the 210'day of October, 2019. A R COU , C airman ATTE T: 1<4nLieu. /� Ky erleigh G. Cr ell,(CCllerk to the Board Exhift,Ler �.7b Boo Page AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Increase efficiency / quality of key business processes Fund: Environmental Management Fund Department: Environmental Management E enditure: Decrease Increase Total BA 20 -003 Transfer to Southern Property Constr $ 750,000 $ 750,000 $ 750,000 BA 20 -003 Southern Property Expense $ 750,000 $ 750,000 BA 20 -003 Northern Property Closure $ (750,000) Mal Revenue: Decrease Increase I Total BA 20 -003 Northern Property Closure $ 750,0001 $ 750,000 Prior to Actions Total if Actions Todav Taken Fund 750 Budget 77- - Section 2: Explanation BA 20 -003 transfers $750,000 from Fund 740 (Northern Property Closure) to Fund 750 (Southern Property Construction). This amendment is needed to provide adequate funding to accelerate the construction of landfill cell 10A. Increased volume of disposal tonnage following Hurricane Florence has resulted in the consumption of available landfill space at a pace that will exceed the capacity of budgeted cell construction projects. To ensure the availability of sufficient disposal space, a cell closure project will be delayed to allow the accelerated construction of cell 10A. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -003 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, -thus 21st day of October, 2019 (SE) e- X4, // an Barfield, hairman ATT ST: r -Kiy", P,� rleigh G. Crow 2p, Clerk to the Board BooktY/ - 1 35 � Book age AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Understand / act on citizen needs Provide health / wellness education, programs, and services Fund: General Department: Office of Strategy E enditure: Decrease Increase 11 Total 20 -015 Contract Services 2,000,000 1 $ 2,000,000 11 $ 2,000,000 Revenue: Decrease Increase Total 20 -015 State Disaster Recovery Act $ 2,000,000 $ 2,000,000 M- Prior to Actions Total if Actions Toda Taken Departmental Budget him Section 2: Explanation New Hanover County has received $2M of Disaster Recovery Act (DRA -2018) funds from the Office of State Budget and Management — Disaster Recovery Office to be used for the repair, rehabilitation, replacement, buyout or elevation of owner- occupied homes damaged by Hurricane Florence. No matching funds are required and no new positions are created by this grant award. The grant period runs through December 2020, unless extended. The MOU that accompanies this BA lays out specific criteria and guidelines for the program. Candidate properties will be identified and prioritized by the New Hanover Disaster Coalition consistent with the NEW HANOVER COUNTY NC DISASTER RECOVERY ACT PROGRAM (DRA -2018) Housing Assistance Policy, which also accompanies this BA. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -015 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 21 st day of October, 2019. (SEAL) , - 0/0 XZ >01han Barfiel '1m ATTEST: -t�tw�' (2 1".L K erleigh G. Cro 1, Clerk to the Board Exh b* Booik I �� Page 3b NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION NC DISASTER RECOVERY ACT PROGRAM (DRA -2018) HOUSING ASSISTANCE POLICY WHEREAS, New Hanover County has received Disaster Recovery Act (DRA -2018) funds from the Office of State Budget and Management — Disaster Recovery Office to be used for immediate needs on residential property damaged during Hurricane Florence in September 2018; and, WHEREAS, New Hanover County has entered into a Memorandum of Agreement (MOA) with the Office of State Budget and Management — Disaster Recovery Office to accept $2,000,000 to be used for immediate residential needs as a result of Hurricane Florence; and WHEREAS, the County requires a formal policy establishing guidelines for the provision of DRA housing assistance benefits; NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners hereby authorizes and directs the County Manager to execute the Memorandum of Agreement with the State of North Carolina for Hurricane Florence Disaster Recovery Act ( "DRA ") funds and hereby adopts the following Housing Assistance Policy, to be used during implementation of the DRA Program for Hurricane Florence: A. HOMEOWNER ELIGIBILITY AND PRIORITIZATION Eligibility. A residential owner - occupied household is eligible for DRA funds if: (1) the household occupied the dwelling unit as a primary residence at the time of the event (Hurricane Florence, September 2018); (2) is low- to moderate - income (LMI) as defined in the Memorandum of Agreement (MOA) as annual income no greater than $84,300 for a single- or multi - person household unless otherwise waived by the Office of State Budget and Management — Disaster Recovery office; and (3) complies with any further limitations as identified in the MOA. Priority. Priorities shall be as follows: • Households that have unmet housing needs and where the continued occupancy of the residence creates: o Threat to life safety. • Unsafe or unsanitary conditions. • Exposure to health hazards (mold, asbestos, lead). • Households occupying FEMA temporary housing units. • Households with unmet needs from the Hazard Mitigation Grant Program. • Households with damages as a result of Hurricanes Matthew and Florence. Candidate Selection. Candidates / candidate properties will be identified and prioritized by the New Hanover Disaster Coalition, New Hanover County's long -term recovery group, Construction Committee and Case NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy Management Committee jointly. The Construction Committee and Case Management Committee have identified the following principles that they will use to select and prioritize potential candidate / candidate properties: In general: • Given the flexibility of the DRA funding (eligibility requirements, range of allowable activities, etc.), the DRA funding should be used to assist those who are not currently being served / are not eligible or able to be served by other current funding sources / programs; Specifically: 1) Working adult(s) with child(ren) in the home; 2) Households with disabled or medically fragile household members; 3) Elderly living alone or with multigenerational households; and 4) Presence of deferred maintenance and hurricane damage. • Households in meeting the aforementioned criteria that have unmet housing needs or where the continued occupancy of the residence creates a threat to life safety, have unsafe or unsanitary conditions, or exposure to health hazards will receive the highest priority. The county and its contractors will prepare and submit the applications, documentation and prioritized list to the state as recommended by the committees. Final eligibility will be determined by the state and consistent with program eligibility requirements and thresholds detailed in the MOU. B. ELIGIBLE ACTIVITIES The MOA outlines the eligible activities these funds may be used for with limitations set forth by the Office of State Budget and Management — Disaster Recovery Office (OSBM -DR). The MOA shall serve as the official guidance document for the implementation of this program. While the MOA allows for several different types of projects, New Hanover County has elected to perform the following activities: Rehabilitation or Reconstruction of Owner - Occupied Housing • Limitations • Rehabilitation: Damage total less than 51% of the home's pre- disaster market value. • Reconstruction: Damages equal to or above 51% of the home's pre- disaster market value. Rehabilitation or Reconstruction of Owner- Occupied Manufactured Homes • Limitations • Rehabilitation: Damage total less than 51% of the home's pre- disaster market value. • Minimum $1,000 in repairs • Maximum $37,500 in repairs • Reconstruction: Damages equal to or above 51% of the home's pre- disaster market value. ■ Single -wide funding cap of $65,000 NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy ■ Double -wide funding cap of $90,000 Hazard Mitigation Projects — LMI does not apply to HM DRA projects if homeowner should be denied or missed the HMGP deadline. • Acquisition • Property must be in a flood prone area • Elevation is not feasible; and /or • Acquisition would minimize flood risk or support stormwater mitigation • Elevation • Home must be substantially damaged per the definition in the appropriate jurisdiction's Flood Damage Prevention Ordinance • Must be elevated in accordance with the appropriate jurisdiction's Flood Damage Prevention Ordinance or 2 feet above base flood elevation, whichever is greater. If the highest flood event exceeds aforementioned requirements, then 2 feet above the highest flood event may be used. • Reconstruction o Should follow requirements provided in Rehabilitation or Reconstruction of Owner- Occupied Housing and Manufactured Homes as listed above. State Acquisition Relocation Fund • Replacement Property. Comparable replacement dwelling must: o Meet HUD requirements for comparable decent, safe, and sanitary dwellings. ■ A comparable replacement home is: • Decent, safe, and sanitary; • Functionally equivalent to the participant's displacement dwelling; • Available for purchase; • Affordable (i.e., having a monthly housing payment equal to or less than 30% of the participant's income); • Reasonably accessible to the participant's place of employment; • Generally, as well located with respect to public and commercial facilities, such as schools and shopping, as the displacement dwelling; • Not subject to unreasonable adverse environmental conditions; • Available to all persons regardless of race, color, religion, sex, or national origin. ■ Decent, safe, and sanitary housing meets local housing and occupancy requirements, and • Is structurally sound, weather tight, and in good repair; • Contains a safe, adequate electrical wiring system; • Has adequate living space for the occupants; • Has a kitchen with a sink, hot and cold running water, and connections for a stove and refrigerator; NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy • Has a separate, complete bathroom with hot and cold running water and sewage system; • Has heating as required by climatic conditions; • Has an unobstructed exit to safe, open space at ground level; • Is free of any barriers that would preclude reasonable use of the unit, if occupant has a physical disability. ■ Be located outside of floodplain areas as shown on the current Flood Insurance Rate Map (FIRM) (i.e., 100- and 500 -year floodplain). • If not possible, the County will certify that no appropriate housing or housing sites are available outside of the floodplain, and will seek approval by OSBM -DR. ■ Qualify as "real property." Modular units or manufactured homes are acceptable if they are permanently affixed to real property. I ■ Relocation must be within New Hanover County unless extenuating circumstances exist. These cases must be approved by New Hanover County and OSBM -DR. • Terms and Limits of Assistance. The terms of DRA- funded, r�eplacement housing assistance shall be as outlined in the New Hanover County DRA Program Memorandum of Agreement (DRA_FLO_13624 -H): o Replacement Housing Assistance: Eligible homeowners may be offered a gap payment in an amount up to but not exceeding $50,000, which amount is the lesser of the difference in acquisition cost of the displacement dwelling and a comparable replacement dwelling (described above); OR the difference of acquisition cost of the displacement dwelling and the actual replacement dwelling selected by the displaced homeowner. Actual replacement dwelling must also meet the definition of a comparable replacement dwelling as described herein. o Relocation (Moving Expense) Assistance: Eligible homeowners may be provided with up to but not exceeding $5,000 in moving expense assistance, based upon the HUD "Fixed Residential Moving Cost" schedule for the number of rooms of furniture in the displacement dwelling, PLUS closing costs associated with the purchase of the replacement dwelling. These costs include appraisal, survey, floodplain certification, title work and insurance, home inspection, termite inspection, recording fees, property taxes (prorated), and attorney fees for closing. C. BASIC RIGHTS OF DISPLACED PERSONS New Hanover County shall not require any displaced person to accept a dwelling provided by the County under these procedures (unless the County and the displaced person have entered into a contract to do so) in lieu of any relocation payment for which the person may otherwise be eligible. D. APPEALS NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy Any aggrieved person may file a written appeal with New Hanover County in any case in which the person believes that the County has failed to properly consider the person's eligibility for assistance under this policy, or has not provided assistance properly in accordance with this policy. ' 1 ADOPTED this =' ' day of W06�— '2019. ATTEST: 10 Ky rleigh G. Cr II, Clerk to the Board lonakhan Barfie Chairman NeWHan&E A ounty Board of Commissioners NC DISASTER RECOVERY ACT PROGRAM 10/2019 (DRA -2018) Housing Assistance Policy Exhibit Book XL Page NC DISASTER RECOVERY ACT PROCUREMENT /CONTRACT AWARD POLICY Introduction New Hanover County has been awarded North Carolina Disaster Recovery Act (NCDRA) grant funds to assist homeowners within the county to: repair, rehabilitate, reconstruct, replace, elevate, or acquire homes damaged by Hurricanes Florence; provide temporary housing during construction or replacement of a home; and /or assist homeowners in purchasing flood insurance. In order to most effectively and expeditiously serve eligible residents while ensuring that New Hanover County meets all Federal and State requirements, the county has developed a NCDRA- specific procurement and contract award policy. Policy New Hanover County will comply with the terms and conditions of Federal and /or State funding that is awarded and accepted, including but not limited to, the terms and conditions of Grant Contract, Title 2 CFR Part 200, and HUD implementing regulations contained in 24 CFR Section 570.489(8) which are incorporated by reference and included herein to the extent of its applicability. The County, as the recipient of Federal and /or State CDBG funds as well as NC Disaster Recovery Act funds, acknowledges its responsibility to and will adhere to the aforesaid North Carolina State and Federal Procurement Policies. New Hanover County will, to the extent applicable, follow methods of procurement, procure by contracting with small, minority firms, women's business enterprises, and labor surplus area firms. Additionally, the County will demonstrate contract cost and price awareness, and adhere to awarding agency review provisions (Title 2 CFR Appendix II to Part 200 — Contract Provisions for Non - Federal Entity Contracts under Federal Awards). Plan All procurement of goods and services by the County with NCDRA grant funds shall be accomplished in accordance with the regulations of Procurement Standards, where applicable, Recipient shall follow the procurement standards established in the "Uniform Administrative Requirements, Cost Principles, And Audit Requirements For Federal Awards" (2 CFR Part 200) and HUD implementing regulations contained in 24 CFR Section 570.489(g), which explicitly prohibit cost plus a percentage of cost and percentage of construction cost methods of contracting. In addition, all purchase orders and contracts shall include any clauses required by Federal Statutes, Executive Orders, and implementing regulations including the Section 3 clause, per 24 CFR 570.489 (g) and 24 CFR 135.38, or the North Carolina General Statues applying to procurement in general by the North Carolina municipalities and counties. When the Federal and State regulations are different, the more restrictive regulations shall apply to the procurement in question. Additionally, the County will adhere to the following guidelines during procurement of goods and services with Federal funds: New Hanover County NC Disaster Recovery Act Procurement / Contract Award Policy 10/2019 NC DISASTER RECOVERY ACT PROCUREMENT /CONTRACT AWARD POLICY • In all cases where goods or services are procured on the basis of one bid or proposal received, the County will follow established principles included in OMB Circular A 87 to verify the reasonable cost of the procurement, and shall contact the State agency supervising the grant program before making any contract award on the basis of non - competitive negotiation. • Underutilized businesses, including women - owned, and minority -owned enterprises shall be included on bidders' or professional services' lists maintained by the County, and such firm(s) shall be solicited for all competitive negotiations, small purchases, and informal and formal bids when such firms are potential competitive sources for good and services. • The County shall develop a written scope of work for each service to be awarded on the basis of competitive negotiation, which shall include descriptions of tasks to be completed, project timetables, and outline of fee proposal requirements. The statement of work shall also include a written selection procedure. All competitive negotiations shall be awarded strictly on the basis of written selections procedures, and cost shall not be the sole or more important factor in selection of services through the use of competitive negotiations. • Prior to any contract award, the County shall verify the contractor's eligibility to participate in a federally- assisted program. • No consultant or bidder shall assist in the evaluation of proposals or bid packages for contracts in which that consultant or bidder has an indirect or direct interest. The County shall adhere to all applicable Federal and State conflict of interest regulations in making contract awards. • The County shall request references, or check references, of contractors or firms who are awarded contracts with Federal grant funds, and will request a written warranty for all goods and services provided through small purchases requests. • The County shall not award any contract for federally- assisted projects on a contingency or cost plus percentage of cost basis. • During the performance of rehabilitation /housing activities included in the NC Disaster Recovery Act Program, the county will utilize the following guidelines in the award of contracts to contractors who bid on the rehabilitation /reconstruction or demolition of specific dwelling units: 1. The County shall reserve the right to reject bids and rescind contract awards if one of the following conditions has not been met: a. The contractor must have turned in all required forms, credit report, references, etc., with his bid; New Hanover County NC Disaster Recovery Act Procurement / Contract Award Policy 10/2019 NC DISASTER RECOVERY ACT PROCUREMENT /CONTRACT AWARD POLICY b. The contractor must have references and a past working record acceptable to the Program Administrator prior to the Administrator's recommendation of award to the New Hanover County Board of Commissioners; c. The contractor must have demonstrated the ability to meet the performance criteria established in the Instructions to Bidders and the Contract for Housing Construction Work. d. The contractor must have demonstrated the ability to meet standards of workmanship outlined in the Contractor's Handbook as witnessed by the Program Administrator. 2. Assessment of conditions 1(c) and 1(d) above shall be based on the Program Administrator's review of contractor references and work performed in other locations, if the contractor has not performed recent rehabilitation housing work for New Hanover County. 3. If construction estimates are prepared, no contract award shall be made if the contract price is less than 85% or more than 115% of the Program Administrator's final estimate. The Program Administrator will document negotiation of bids and /or estimates before contract awards are made. 4. In a case where an individual contractor is performing adequately, but he /she is the low bidder on more houses than he /she can complete within 120 days following the bid opening, (based on past performance), New Hanover County shall reserve the right to reject bids for those surplus houses, and award those houses to the next lowest bidders meeting the guidelines outlined herein, in the interest of efficient completion of rehabilitation, demolition, and replacement housing activities. New Hanover County also reserves the right to reject bids and award contracts to alternate bidders in the interest of maintaining an efficient work schedule consistent with performance standards mandated by the funding agency. 5. New Hanover County reserves the right to rescind contract awards made prior to contract execution if circumstances beyond the control of New Hanover County, including directives by the funding agency or homeowner's non - participation, prohibit New Hanover County's participation in the contract as Owner's Representative. 6. Any action, either restrictive or affirmative, taken under these guidelines, shall be in the interest of an efficiently managed DRA program, and will be without self- interest on the part of any member of the New Hanover County Board of Commissioners or New Hanover New Hanover County NC Disaster Recovery Act Procurement / Contract Award Policy 10/2019 NC DISASTER RECOVERY ACT PROCUREMENT /CONTRACT AWARD POLICY County staff, and furthermore, shall be without regard to race, creed, sex, color, or national origin. • The New Hanover County Board of Commissioners realizes the importance of prompt action in the interest of maintaining satisfactory work progress. Therefore, the New Hanover County Manager is hereby authorized to approve and execute all professional services procurement, housing rehabilitation, housing elevation, replacement housing, and demolition contracts. S4- Adopted this0 day of 2019] ATTEST: Ky berleigh G. Crowell, Clerk to the Board i6nathan Ba d, Jr., ChaiAman . New Hano f County Board of Commissioners New Hanover County NC Disaster Recovery Act Procurement / Contract Award Policy 10/2019 Exhibit 2� q Book Exhibit AGENDA: October 21, 2019 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2020 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2020. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Attract / retain new and expanding businesses Fund: General Department: Various E enditure: Decrease Increase Total BA 20 -014 National Gypsum Company Incentive 1 $ 53,517 $ 53,517 BA 20 -014 Property Management $ 53,51 $ (53,517 Revenue: i Prior to Actions Total if Actions Fund Budget �t l Section 2: Explanation BA 20 -014 transfers $53,517 from the Property Management Department to the Economic Incentive Division to provide funds as an incentive to National Gypsum Company to reopen, refurbish and operate the existing Gypsum facility located at 838 Sunnyvale Drive in Wilmington, North Carolina. Funds are available for transfer from the Property Management Department due to savings realized in contracted services. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 20 -014 amending the annual budget ordinance for the fiscal year ending June 30, 2020, is adopted. Adopted, this 21st day of October, 2019. (SEAL) �.. Ao.o.-.j 0, Kjjberleigh G. Cr 11, Clerk to the Board Exhibity _ 6Page 15, 10 Book � NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, New Hanover County has been asked to comment on plans to construct a Wal -Mart Supercenter on a 31 -acre site in the 7200 block of Market Street in the Ogden and Middle Sound Communities; and WHEREAS, the front portion of this property has a considerable amount of wetlands that would be impacted by a planned entranceway; and WHEREAS, this segment of Market Street is highly congested with traffic movements already failing at many locations; and WHEREAS, New Hanover County recognizes the importance of protecting our water quality and environmental resources in order to maintain and enhance the County's diverse and ecologically important natural systems; and WHEREAS, New Hanover County through our Watershed Management Advisory Board with assistance from the Clean Water Management Fund has expended over $17,000,000 for the protection and enhancement of our tidal creeks; and WHEREAS, New Hanover County desires to ensure sustainable coastal communities, providing for the needs of the present without compromising our ability to meet the needs of future generations, and WHEREAS, more appropriate alternative designs and proposals are available for the development of this site in ways that eliminate or greatly reduce the environmental and transportation conflicts; and WHEREAS, New Hanover County has already engaged in numerous discussions and several meetings concerning ongoing projects along Market Street in the headwaters of our estuarine watersheds and wishes to extend those opportunities for broader input through a public hearing; and WHEREAS, the New Hanover County Planning Department has already made such a request to the Corps of Engineers' District Office and the NC Division of Coastal Management, copies of which are attached hereto; NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners supports and endorses the comments previously forwarded to the Corps of Engineers and the NC Division of Coastal Management in letters from the New Hanover County Planning Department, including the request for a public hearing be held to consider the cumulative impacts of the proposed project. ADOPTED this the 7`h day of November, 2005. • Robert G. Greer, Chairman Attest: Sheila L. Schult, Clerk to the Board rpN V ER C 0 9 � OF NOATN GP Dexter L. Hayes Director New Hanover County Planning Department October 19, 2005 Corps of Engineers, Wilmington District Attn: Jennifer Frye PO Box 1890 Wilmington, NC 28402 Re# 200500058 Wal -Mart Center Dear Ms Frye; County Annex Building 230 Marketplace Drive, Suite 150 Wilmington, NC 28403 P 910 798 7165 F 910 798 7053 Our Department has reviewed the application to construct a Wal -Mart Center in the 7200 Block of Market Street and would like to offer the following comments: While this tract is part of a larger commercial distract in the Ogden Community the front portion of the property along Market St has a considerable amount of wetlands. This area is regulated by the New Hanover County's Conservation Overlay District which purpose is to protect these important environmental resources within the County. Protection of these resources is necessary to maintain the County's diverse and ecologically important natural systems as well as to provide open space. The proposed entranceway needs to be relocated to avoid the unnecessary crossing of these important wetlands. This is a highly congested area along Market St. with traffic movements already failing at many locations. Alternative designs for the entrances to the site have been discussed with NCDOT and Wal -Mart's engineers. However, this wetland crossing has not been dictated by anyone that I'm aware. Certainly the opportunity to utilize an existing signalized intersection has merits in protecting the flow of traffic along US 17. The Planning Staff supports the realignment of Lendire Rd with the signal at Middle Sound Loop. We would also encourage interconnectivity with neighborhoods and properties to the north and west in order to eliminate as many trips as possible from utilizing Market St as an access point. It is the Planning Staff's position that this segment of Market St cannot accommodate the 7,000 — 8,000 trips projected for this project. The approval of any large traffic generator at this location should be delayed until the completion of Military Cut -Off extension. d 1 Development activities along Market Street have already been the subject of numerous discussions and several meetings concerning ongoing projects. Because of the cumulative impacts of a project of this size, our Department respectively request that a public hearing be held to consider the application. In addition to the reasons cited above various policies adopted in the City and County CAMA Land Use Plan are pertinent to the environmental and transportation impacts of the proposed project. We appreciate the opportunity to comment on this project. Sincerely, Dexter Hayes Cc Dave Weaver, County Manager Board of County Commissioners �p VEq CO New Hanover County 9 2 Planning Department OR OR GpQ�� County Annex Building N 230 Marketplace Drive, Suite 150 Wilmington, NC 28403 Dexter L. Hayes P 910 798 7165 Director F 910 798 7053 October 13, 2005 Mr. Stephen Rynas, AICP �C NC Division of Coastal Management �� NsN�vFP GNtaS 400 Commerce Avenue f t Morehead City, NC 28557 DCM # 20050082 Wal -Mart Center Dear Mr Rynas; Our Department has reviewed the application to construct a Wal -Mart Center in the 7200 Block of Market Street and would like to offer the following comments: While this tract is part of a larger commercial district in the Ogden Community the front portion of the property along Market St has a considerable amount of wetlands. This area is regulated by the New Hanover County's Conservation Overlay District which purpose is to protect these important environmental resources within the County. Protection of these resources is necessary to maintain the County's diverse and ecologically important natural systems as well as to provide open space. The proposed entranceway needs to be relocated to avoid the unnecessary crossing of these important wetlands. This is a highly congested area along Market St. with traffic movements already failing at many locations. Alternative designs for the entrances to the site have been discussed with NCDOT and New Hanover County. However, this wetland crossing has not been dictated by anyone that I'm aware. Certainly the opportunity to utilize an existing signalized intersection has merits in protecting the flow of traffic along US 17. The Planning Staff supports the realignment of Lendire Rd with the signal at Middle Sound Loop. We would also encourage interconnectivity with neighborhoods and properties to the north and west in order to eliminate as many trips as possible from utilizing Market St as an access point. It is the Planning Staff's position that this segment of Market St cannot accommodate the 7,000 — 8,000 trips projected for this project. The approval of any large traffic generator at this location should be delayed until the completion of Military Cut -Off extension RECEIVE N>�Rg AL` COMMISSI Development activities along Market Street have already been the subject of numerous discussions: and several meetings concerning ongoing projects. Because of the cumulative impacts of a project of this size, our Department respectively request that a public hearing be held to consider the application. In addition to the reason cited above various policies adopted in the City and County - CAMA Land Use Plan are pertinent to the environmental and transportation impacts of the proposed project. We appreciate the opportunity to comment on this project. Sincerely, Dexter Hayes Cc Dave Weaver, County Manager Board of County Commissioners NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JULY 11, 2005 PAGE 356 Budget Amendment #06 -0002 — Sheriff Adjustment Debit Credit Administration: Department of Homeland Security $10,700 Detectives: Safety Equipment $10,700 Explanation:_ To increase budget for the 2005 Project Homeland Security Grant Program from the Governor's Crime Commission/DHS Homeland Security Grant Program. Approval of Budget Amendment #2005 -58 — Hanby Beach Sewer Capital Project The Commissioners approved the following budget amendment: Budget Amendment #2005 -58 — Hanby Beach Sewer Capital Project Adjustment Debit Credit Sales Tax Refund: $ 49,566 Contributions from Carolina Beach $ 23,553 Capital Project Expense $248,808 Transfer to Water /Sewer $321,927 Explanation: For accounting purposes only. To close Fund 880 — Hanby Beach Sewer. REGULAR AGENDA ADMINISTRATION OF OATH OF OFFICE TO THE GOVERNOR'S CRIME COMMISSION JUVENILE JUSTICE PLANNING COMMITTEE APPOINTEE Chairman Greer reported that James Winston Pierce, Jr. with Kids Making It is a woodworking instructor at the Juvenile Day Treatment Center. Mr. Pierce has been appointed to be a member of the Governor's Crime Commission Juvenile Justice Planning Committee to annually determine goals and objectives with respect to funding programs in NC that deal with at risk youth. This position requires the appointee to be sworn in by a local government official. Chairman Greer administered the Oath of Office to Mr. Pierce as a member of the Juvenile Justice Planning Committee of the Governor's Crime Commission and on behalf of the Board, congratulated him on the appointment. A copy of the Oath of Office is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX. Page 24.2. CONSIDERATION OF REQUEST TO FUND PART -TIME POSITION FOR DRUG TREATMENT COURT Judge James Faison reported that as a result of cuts in the State's budget for FY 2005 -06, the New Hanover County Drug Treatment Court would lose funding for a part-time case manager position. The loss of the part-time case manager will result in the Court being able to provide services to thirty-five clients instead of the annual goal of sixty. The work performed by the Drug Treatment Court program reduces the jail population. A drug conviction nets a sentence of not less than one year. It is estimated that this program saves the County thousands of dollars per year, and would suffer without the part-time case manager who supplements the work of a full -time program coordinator. Judge Faison requested that the Board approve the funds to cover the salary of the part-time case manager at an estimated cost for FY 05 -06 of $19,892. After brief discussion, Chairman Greer requested direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Vice - Chairman Caster, to approve the funds to cover the salary of the part-time New Hanover County Drug Treatment Court case manager at an estimated cost for FY 05 -06 in the amount of $19,892. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF OPTIONS TO TEMPORARILY LIMIT LARGE -SCALE COMMERCIAL DEVELOPMENT ON MARKET STREET Commissioner Davis stated that he is requesting the Board to consider implementing an ordinance restricting any residential or commercial project that would have a large impact on the traffic on Market Street from the City limits to the Pender County line. After talking with Deputy County Attorney Kemp Burpeau and Planning Director Dexter Hayes he has been advised that an ordinance would need to be on a temporary basis citing the health and welfare of the citizens. The outer loop is still a year and a half away from completion. Military Cutoff traffic is also a concern but that project has just been started and is two to three years away from completion and would not fall into the temporary basis category. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JULY 11, 2005 PAGE 357 Planning Director Hayes reported that the model that is used to require a traffic impact analysis is if a project generates more than one hundred trips in any peak hour. Using this model as a guide, Staff felt that the formula of one hundred trips in any peak hour would be a good standard to use in determining what constitutes a major project. The individual project use would determine the peak hours for that project. Vice - Chairman Caster reported that he has received a -mails concerning the proposed Ogden area Wal -mart project but that the zoning was appropriate and in place. The project is on track and the appropriate permits are being obtained. Lanny Wilson, member of the NC Transportation Board, stated that he would prefer the Commissioners partner with NCDOT instead of imposing a rezoning moratorium. He proposed that the County work together over the next six months with NCDOT integrating a land use plan and a transportation plan for all of Market Street. The by -pass under construction is estimated to be completed by June 15, 2006. The Market Street corridor has been allocated $9.7 million by NCDOT from Colonial Avenue up through Porter's Neck Road that includes improvements between New Center Drive and Martin Luther King Highway. Chairman Greer stated that he feels that the Access Management Plan Committee for Market Street, endorsed by the Board at their July 12, 2004 meeting, should have been working closely with NCDOT. Commissioner Davis asked Mr. Wilson what would be the impact of having a moratorium on building on Market Street for the next six months along with the County working with NCDOT. Mr. Wilson commented that he felt that the best method would be for the County to work together with NCDOT to integrate a land use plan and transportation plan for Market Street without a moratorium on building. Commissioner Kopp clarified with Mr. Wilson that it is his recommendation that the County not accept any more rezoning requests for Market Street until the land use plan and transportation plan is completed and that the study will consider the super street concept and bus loading lanes. Chairman Greer asked for direction from the Board. Motion: Commissioner Kopp MOVED, SECONDED by Vice - Chairman Caster, that the County partner with NCDOT on a land use plan and transportation plan for Market Street and that the Board not accept any rezoning requests for six months from today until the plan can be implemented. Commissioner Pritchett asked Assistant County Attorney Holt Moore what the legal ramifications would be in not accepting rezoning requests for six months. Attorney Moore stated that not accepting rezoning requests would be considered to be a moratorium on rezoning. A very specific moratorium ordinance would need to be approved by the Board. A source of concern is that a change in zoning doesn't necessarily have a connection with building. A rezoning request can be approved without the petitioner building on the property. Chairman Greer stated that he would prefer to see the Board look at each rezoning request on a case -by- case basis and partner with the NCDOT to integrate a land use plan and a transportation plan for Market Street. Commissioner Kopp withdrew the motion. Substitute Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, that over the next six months that the County partner with NCDOT integrating a land use plan and a transportation plan for all of Market Street and authorized the Chairman, on behalf of the Board, to write a letter to the City of Wilmington requesting their participation. Upon vote, THE MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Davis MOVED that Staff be directed to proceed with drafting a proposed temporary ordinance and schedule a public hearing on that proposed ordinance that would place any new building permits on hold for major developments pending completion of the US 17 By -pass Outer Loop. The proposal would define a major development, either residential or commercial, as a project generating one hundred trips per peak hour with traffic accessing Market Street. NO SECOND WAS RECEIVED. Commissioner Kopp stated that he attended a traffic forum where the proposed Wal -mart in the Ogden area was a topic of concern to the citizens. He stated that he is in favor of free enterprise and property rights but due to the traffic problems in the form of hazards and delays he would like to appeal to Wal -mart to delay their project in the Ogden area until the By -pass is completed. Motion: Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to adopt a resolution requesting Wal -Mart to reconsider its decision to build a store in the Ogden area, specifically to either not construct one at that location, or at a minimum, to delay construction until NCDOT improvements are in place. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, JULY 11, 2005 PAGE 358 Commissioner Davis stated that the zoning for the Wal -mart project in the Ogden area was already in place. He clarified with Planning Director Hayes that a project of this magnitude constituted a major traffic impact with one hundred trips per peak hour. Substitute Motion: Vice - Chairman Caster MOVED, for the Board not to accept any rezoning requests that will affect traffic on Market Street for a period of six months. NO SECOND WAS RECEIVED. Chairman Greer asked for the direction of the Board on the motion. Commissioner Davis stated that he felt it was not realistic to ask Wal -mart to delay their project. Vice- Chairman Caster stated that the By -pass would be completed before the Wal -mart was open. He clarified with Planning Director Hayes that a DOT process is in place to monitor traffic concerns and address those issues. He stated that he would vote for the motion if the Ogden Wal -mart was not named specifically. Substitute Motion: Vice - Chairman Caster MOVED, SECONDED by Commissioner Kopp, to delay any major project, residential or commercial, that would generate more than one hundred cars at peak hour for six months. Commissioner Pritchett asked Assistant County Attorney Moore what the legal ramifications would be in delaying major projects for six months. Assistant County Attorney Moore cautioned that delaying major projects for six months would need to be treated as a moratorium ordinance and would likely be challenged. County Attorney Wanda Copley stated that due to legal ramifications the Board should move cautiously when considering a moratorium ordinance. Chairman Greer stated that he would like to see the Board control future development on Market Street on a case- by-case basis and not put a moratorium on building. Commissioner Kopp withdrew the original motion. Vice - Chairman Caster withdrew the substitute motion. Motion: Commissioner Pritchett MOVED, to direct Staff, the Planning Board and NCDOT to work diligently with all developers, to in any way possible, reduce the traffic impact on Market Street. NO SECOND WAS RECEIVED. Chairman Greer requested County Manager O'Neal to direct staff to begin working closely with NCDOT. County Manager O'Neal requested that the Commissioners meet with the Planning Board and the Planning Department and discuss the implementation of ordinances. PUBLIC HEARING TO CONSIDER A REQUEST BY SAMM, INC. ON BEHALF OF MATTOCKS ET AL TO REZONE A TOTAL OF APPROXIMATELY 26.03 TOTAL ACRES WITH ONE REQUEST TO REZONE APPROXIMATELY 16.81 ACRES OF PROPERTY LOCATED BETWEEN THE 8600 AND 8700 BLOCKS OF MARKET STREET FROM R -15 RESIDENTIAL TO B -1 NEIGHBORHOOD BUSINESS AND THE SECOND REQUEST TO REZONE APPROXIMATELY 9.22 ACRES OF PROPERTY FROM R -15 RESIDENTI4,L/B -1 NEIGHBORHOOD BUSINESS TO B -2 HIGHWAY BUSINESS (Z-799,06/05) Planning Director Dexter Hayes reported that the Petitioner, Samm, Inc. on behalf of Mattocks et al has requested that the item be continued until the next meeting of the Board. BREAK: Chairman Greer called for a break at 3:30 p.m. until 3:45 p.m. PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS & RAVENEL ON BEHALF OF WAVERLY INVESTMENTS TO REZONE APPROXIMATELY 0.88 ACRE OF PROPERTY LOCATED AT 8015 MARKET STREET FROM R -15 RESIDENTIAL TO O &I OFFICE AND INSTITUTIONAL (Z- 797, 06/05) Z -799 Chairman Greer opened the Public Hearing and requested Planning Director Dexter Hayes to present the staff summary. Planning Director Hayes reported that Cindee Wolf with Withers & Ravenel on behalf of Waverly Investments is requesting to rezone approximately 0.88 acre of property located at 8015 Market Street from R -15 Residential to O &I Office and Institutional. The subject property is located on the west side of Market Street near Sweetwater Drive and has approximately 150 -feet of road frontage on Market Street. The property adjacent and southwest of the request was rezoned to O &I in July, 2003 and is presently vacant. To the north is an area of B -2 Highway Business that was purchased by the hospital several years ago. Across the street from the subject property is an I -1 Light Industrial District that has a variety of small retail and health care type businesses. Staff recommends approval of the applicant's request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 7, 2005 PAGE 456 Chairman Greer asked if anyone from the public wished to speak on the request. Hearing no comments, Chairman Greer closed the Public Hearing and asked for direction from the Board. Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve amending Section 53.5 -2(3) of the County's Zoning Ordinance modifying the setback requirements in a PD Planned Development District. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the New Hanover County Zoning Ordinances is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.5. PRESENTATION BY RESIDENT OF ARNOLD ROAD CONCERNED WITH DRAINAGE Chairman Greer reported that Ms. Shari Mongold has requested to make a presentation on Arnold Road drainage concerns and requested Ms. Mongold make the presentation. Ms. Mongold, resident of 714 Arnold Road, reported that she and her neighbor have been served by the County with a Notice of Violation to correct a clogged or broken drainage pipe between their lots that has caused flooding on Arnold Road. This violation is due to section 23 -342 of the County drainage ordinance that requires property owners to maintain drainage ways on their property. The two residents appealed the Notice of Violation and the hearing was continued to December 1 to allow them time to work out an alternate funding approach. Ms. Mongold reported that NCDOT guidelines state that this matter should never have been placed on individual homeowners and requested the Board petition the Secretary of Transportation for the repair or replacement of the drainage pipe. A pipe cleaning company was hired by the homeowners to flush the line and look inside with a camera truck. At that time, it was discovered that the pipe was collapsed within 2 feet of the edge of the road on the state right of way. The pipe has been successfully flushed up to the portion of pipe that is collapsed on the state right of way. She requested that this information be taken into consideration and that the Notice of Violation be removed. If the County continues to hold the homeowners responsible she requested that all the Arnold Road residents who would benefit from the correction of the drainage problem be assessed. The cost of replacing these underground pipes is approximately $15,000 - $20,000. In closing, she requested the Board to reconsider the ordinance that appears to be in violation with State policies and find a more equitable solution for funding maintenance and repairs of the County's drainage system stating that she feels that a reasonable solution would be to charge a small drainage tax. Kenneth Bomhan, resident of 701 Arnold Road, stated the problems he has encountered due to the drainage problem. R. H. Walker, grandfather of Kenneth Bomhan, spoke on the drainage problems his grandson has encountered and his frustration in trying to get the problem resolved. Tom Toby, resident of 812 Arnold Road, requested the Board contact NCDOT to correct the drainage problems and clear the drainage pipe. He stated the drainage easement on his property is for the entire neighborhood and he shouldn't be held responsible for the maintenance and repair. Travis Mongold, resident of 714 Arnold Road, stated that he has examined the closing documents on his home and cannot find any disclosure of the drainage pipe. After brief discussion, Chairman Greer requested that Interim County Manager Dave Weaver contact NCDOT for an update on the project. MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session at 11:00 p.m. to hold a meeting of the New Hanover County Water and Sewer District. Chairman Greer reconvened to Regular Session at 11:15 p.m. NON - AGENDA ITEMS Chairman Greer announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Dan Walton, on behalf of Jacob Ridge Homeowners Association, spoke on concerns of increase in traffic, negative impact on their property values and safety issues should the super Wal -Mart be built and requested support from the Board to do whatever possible to stop the project. Lee Bollie, a resident of the Ogden area, spoke on concerns for the wetlands, residential safety and the increase in traffic and requested the Board do whatever is possible to stop the project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 30 REGULAR MEETING, NOVEMBER 7, 2005 PAGE 457 Chairman Greer read a letter of update to the Commissioners from Planning Director Dexter Hayes dated November 3, 2005. The letter states the following: • Since the property is already zoned B -2 there will not be any public hearings held by the County to review the site plans. • Permitting will be processed through our Inspections Department. As of the date of this update no plans have been submitted to the County for permit review. • In September the County received notices from the NC Department of Environment and Natural Resources Division of Coastal Management and the US Army Corps of Engineers soliciting comments on the proposed impacts to 4.2 acres of wetlands on the site. • Those impacts include the construction of an entranceway to the Wal -Mart Super Center from Market Street and an access drive to the rear of the building. This driveway location has not been approved by NCDOT. • Several months ago the County was invited to attend a meeting at NCDOT with the Wal -Mart traffic consultant to review some of the transportation issues that will need to be addressed in their traffic impact analysis. • NCDOT is requiring that study which will be reviewed by their Commercial Plan Review office; that study and review is still underway. • The portion of the property fronting on Market Street that is classified as wetlands will require permitting by the Corps of Engineers prior to any land disturbance. Those plans have been submitted to the Corps that precipitated the public notice. • One aspect of the Corps' review process under Section 404 of the Clean Water Act is the opportunity to request that a public hearing be held by the District Engineer to evaluate the cumulative impacts of the project. • The Planning Department has made that request in a letter of comments to the Corps and in a similar letter to the Division of Coastal Management objecting to the project as proposed. • There are several transportation, wetland and water quality issues that need to be resolved prior to the project moving forward. Chairman Greer stated that the proposed project is permitted in B -2 zoning according to the County's Land Use Plan. The County does not have the authority to arbitrarily tell property owners what they can and cannot do on their own property. A letter to the appropriate agencies reiterating the Board's stance and requesting that they do everything possible to make sure that the project, if it is done, is done the right way, and if it can't be done properly that they will make that determination. ADDITIONAL ITEMS Item Presented by Commissioner Davis Commissioner Davis reported that following citizen concerns and questions about the Super Wal -Mart Center being proposed near the Ogden Community on Market Street he is requesting the Board approve a resolution in support of the comments previously forwarded to the Corps of Engineers and the NC Division of Coastal Management in letters from the New Hanover County Planning Department including the request for a public hearing to be held to consider the cumulative impacts of the proposed project. Commissioner Davis introduced the resolution into the record. After discussion, Chairman Greer requested direction from the Board. Motion: Commissioner Davis MOVED to adopt the resolution supporting and endorsing the comments previously forwarded to the Corps of Engineers and the NC Division of Coastal Management in letters from the New Hanover County Planning Department including the request for a public hearing to be held to consider the cumulative impacts of the proposed project, copy the letters to NCDOT and authorize the Chairman, on behalf of the Board, to write a letter to Wal -Mart Real Estate Business Trust requesting a delay in the project at the proposed site or consideration of other alternative sites that would be better able to handle the projected traffic as well as any unnecessary impacts to the coastal environment. The MOTION DIED FOR LACK OF A SECOND. Motion: Chairman Greer MOVED, SECONDED by Vice- Chairman Caster, to adopt the resolution as presented and authorize the Chairman on behalf of the Board to: 1) send letters to the Corps of Engineers and NC Division of Coastal Management as decided upon with a copy of the resolution; 2) send a letter to NCDOT including traffic impact concerns including copies of letters sent to the Corps of Engineers and NC Division of Coastal Management and a copy of the resolution; and 3) send copies of the letters sent to the Corps of Engineers, NC Division of Coastal Management and NCDOT to Wal -Mart Real Estate Business Trust. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIX, Page 31.6. Item Presented by Chairman Greer Chairman Greer reported that Lori Goodell, Regional Development Manager of the Food Bank of Central and Eastern North Carolina, has requested the Board to proclaim November 14 -18, 2005 as National Hunger and Homelessness Awareness Week in New Hanover County.