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Agenda 2010 01-04AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmin ton, NC g JASON R. THOMPSON, CHAIRMAN • JONATHAN BARFIELD, JR., VICE-CHAIRMAN ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • TED DAVIS, JR., COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD JANUARY 4, 2010 6:00 P.M. MEETING CALLED TO ORDER (Chairman Jason R. Thompson) INVOCATION (Rickie Houston, Senior Pastor, Pilgrim Rest Missionary Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Robert G. Greer) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Ratification of Issuance of Special Use Permit (5-13) as Directed by Judge Gary Locklear 4. Approval to Accept FY2009 State Homeland Security Grant in the Amount of $20,000 for Urban Search and Rescue Equipment, Training and Exercise Activities 5. Approval of a Resolution Authorizing Electronic Bid Advertisements 6. Approval to Accept Grant Award from the Good Shepherd Fund, Inc. for Safe Summer Program 7. Approval of Board of Education Budget Amendment 8. Adoption of Ordinances for Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS TIMES 6:10 p.m. 9. Presentation of Plaque to Commissioner Ted Davis, Jr. for His Service as Chairman of the Board of Commissioners for the Past Year 6:15 p.m. 10. Public Hearing Consideration and Possible Board Action Regarding ABC Board Policies, Procedures and Actions 6:45 p.m. 11. Public Hearing Text Amendment (A-38212/09) - Request by Staff to Amend Section 69.17, to Expand the Standards for Telecommunication Towers 7:00 p.m. 12. Public Hearing Text Amendment (A-38312/09) - Request by Staff to Amend Article VII of the County Subdivision Ordinance to Add Two New Private Road Certificates 7:15 p.m. 13. Trails End Boating Access Facility Progress Report and Consideration of Proposed Rules for Use 7:30 p.m. 14. Update on County Parks 7:45 p.m. 15. Consideration of Southeastern Center Facility Authorization to Design and Construct Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 8:15 p.m. 16. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:25 p.m. 17. 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. Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Jason R. Thompson, Chairman CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review meeting held on December 3, 2009 Regular Session meeting held on December 7, 2009 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following roads and requesting the Board to adopt a resolution in support of adding the roads to the state system: Hobart Drive, John Yeaman Road, Miranda Court, and Caesar Court located within the North Chase Subdivision in New Hanover County (Division File No. 1149-N). RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. ATTACHMENTS: NCDOT Request Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 2-0 P d,~ ~ ~ DEC 1 6 X009 STATE QF oRT~ ~A~QL~A ~~w ~~NovE~ CC. ~D. b~ COMMISSION~R~ I~EPAR ~F SPQRTA BE't~~L~r EA~'E~ PERDUE ~~~~E~I'E A. ~~~~l~, R. GOVERNOR SECRETARY December ~ Q, 2009 Ms. Sheila Schult, Clerk to the Board New Hanover County Board of Commissioners 2~D government Center Drive, Suite ~ ~5 Wilmington, NC 2~40~ Subject: Proposed Addition to the State System of Highways Dear Ms. Schuh: This office is considering the addition of Hobart Drive, ,~chn l~earnan lid, Miranda Ct and Caesar Ct located within the North Chase Subdivision in New Hanover County Div. File No. ~ ~ 49-N~ to the state system. After the Board's consideration please furnish this office with the current county resolution and official road names fvrourfurther handling. if we may be of further assistance, please call John Diaz at 910.25 .255. Sincerely, G~• Ant ony V11. L District Engineer AWL: jdd Attachments: cc~y of petition ar~d locator maps Div~sic_m give, ~v~~ngtc~n; ~,C, ~~)I Tei: f Z~1 ~~5~ Fa_~- i X51 ~ i~~ Board of Commissioners Meeting (11 /(14/2(11(1 2-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 CONSENT ITEM: 3 DEPARTMENT: County Attorney PRESENTER(S): Wanda Copley, County Attorney CONTACT(S): Wanda Copley, County Attorney and Sharon Huffman, Assistant County Attorney SUBJECT: Ratification of Issuance of Special Use Permit (5-13) as Directed by Judge Gary Locklear BRIEF SUMMARY: The Board of Commissioners denied a request for approval of SUP 582 on July 7, 2008. Judge Locklear found that it was an error of law to not have approved this request as an amendment to SUP 13 and further ordered that this Board issue the order approving an amendment to SUP 13 consistent with the Court's Order. The attached Order granting Special Use Permit was signed by Chairman Thompson on December 16, 2009. RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify the issuance of the attached Order. ATTACHMENTS: Order Granting Special Use Permit COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 3-0 ■ M,+ ' ~it ■ ■ ■ ■ ■ _ ■ ■ ■ ' ~ ■ ■ ■ ■ ■ ■ ~ ■ - ■ I r l . ■ ■ - ~ 1 r ' ti 1 r. 1 li i i i , r r i i c i r r ~ i i i . it r 1 ti li i t r r r i I. r ■ . ~T . ■ i i i i i r I r i t ~ . 7 ■ c l , r r li 1 ..1 .1. ~ it i . .I i I i I I r II i I _ T . r i s t~ rl r' ill t 'ri I t T li l r i t r r I r i ' i ' r . r i r r ' 1 il'r it • . 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 CONSENT ITEM: 4 DEPARTMENT: Emergency Management PRESENTER(S): Wayne Pearce, Emergency Management Specialist and Warren Lee, Emergency Management/911 Director CONTACT(S): Wayne Pearce, Emergency Management Specialist SUBJECT: Approval to Accept FY2009 State Homeland Security Grant in the Amount of $20,000 for Urban Search and Rescue Equipment, Training and Exercise Activities BRIEF SUMMARY: The US Department of Homeland Security has made funds available through the State Homeland Security Grant Number: FY2009-SS-T9-0046 to implement the goals and objectives of the State Homeland Security Strategy. To ensure adequate preparedness for a response to an all hazard event to include terrorism within the State of North Carolina, funding has been allocated for the procurement of equipment, training and exercise activities for NC Urban Search and Rescue Task Force 11, based in New Hanover County. The Memorandum of Agreement is attached. This grant program requires expenditure of local funds and submission of invoices for reimbursement. There is no local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept $20,000 Homeland Security Grant for Urban Search and Rescue equipment, training and exercise activities and adopt ordinance for budget amendment 10-130. ATTACHMENTS: Memorandum of Agreement # 1034 B/A 10-130 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 4-0 MOA#:1034 Tax 56-60000229 Fund Code # 1520-030-H15 MOA Amount; ~2o,00a CFDA 97.OG7 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF CRIME CONTROL AND PUBLIC. SAFETY, DIVISION OF EMERGENCY MANAGEMENT AND New Hanover County NC USAR Task Force 11 ~aU9-SS-T9-004 I. SUBJECT To ensure adequate preparedness far a response to an all hazard event to include terrorism within the State of North Carolina, funding has been allocated for the procurement of Equipment, Training and Exercise activities, as described in Attachment 1. II. .PURPOSE The Department of Crime Control and Public Safety, Division of Emergency Management, and New Hanover Caunty will enter into an agreement to provide funding to first responders for Equipment, Training and Exercise activities that will enable them to prepare for all hazard events. III. PARTIES The parties to this Memorandum of Agreement ~MGA} are: North Carolina Department of Crime Control & Public Safety, Division of Emergency Management, henceforth referred to in this document as Grantee, and New Hanover County, henceforth referred to in this document as Sub- grantee. Page 1 of 8 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 4-1-1 Iv. BACKGROUND The U.S. Department of Homeland Security has made funds available through the State Homeland Security Grant Number: FY2009-5 S-T9-0046 to implement the goals and ob j ectives of the State Homeland Security Strategy 2007-2009. The Grantee and Sub-grantee enter into an arrangement by which the Grantee will provide Federal reimbursement funding to the Sub-grantee for the conduct of Equipment, Training and Exercise activities. V. AUTHORITY The parties enter into this MOA under the authority of the following:l}Public Law 105w277, the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act,1999 Div. A, Sec.101 ~B} at 112 Stat.2681-50}; 2} Department of Justice Appropriations Act, 1999 Div. A, Sec. lO1~B}, Title I at 112 Stat.2681-50; 3}Public Law 107- 56, the U.S. Patriot Act of 2001; 4}Public Law 107-296, the Homeland Security Act of 2002; 5} Public Law 108-11, the wartime Supplemental Appropriations Act ~of 2003; 6} FY 2003 Omnibus Appropriations Act; 7}the implementing regulations of each Act or Law; 8} The U. S. Department of Homeland Security Fiscal Year 2009 State Homeland Security Grant Program Guidelines and Application Kit available at http:llwww.ojp.usdoj.govlodplgrants~rograms.htm; 9} DHS FY 2009-SS-T9-0046; 10} applicable DHS Information Bulletins; l 1} The N,C. Emergency Management Act, Chapter 166A of the North Carolina General Statutes; and, l2}The Sub-grantee further agrees to comply with current federal suspension and debarment regulations pursuant to OMB Circular A-133 which states in pertinent part that "[e]ffective November 26, 2003, when anon-federal entity enters into a covered transaction with an entity at a lower tier, ;the non-federal entity must verify that the entity is not suspended or debarred or otherwise excluded. SUB-GRANTEE shall be responsible to ensure that it has checked the federal Excluded Parties List System ~EPLS} to verify that contractors or subrecipients have not been suspended or debarred from doing business with the federal government." In addition, the grantee and any sub-grantee shall comply with all applicable laws, regulations and program guidance. Anon-exclusive list of regulations commonly applicable to DHS grants are listed below, including the following guidance: A. Administrative Requirements 1.44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to. State and Local Governments 2. 2 CFR Part 215, Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations B. Cost Principles 1.2 CFR Part 225, State and Local Governments 2.2 CFR Part 220, Educational Institutions 3.2 CFR Part 230, Non-Profit Organizations 4. Federal Acquisition Regulation Sub-part 31.2, Contracts with Commercial Organizations Page 2 ofi S Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 4-1-2 C. Audit Requirements LOMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The grantee and any sub-grantee must comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit requirements. VI, DUTIES & RESPGNSIBILITIES GF THE DEPARTMENT OF CRIME CaNTRGL AND PUBLIC SAFETY, DIVISIGN OF EMERGENCY MANAGEMENT Grantee agrees to: A. Provide reimbursement to the Sub-grantee in the amount of Twenty Thousand dollars ~$20,000~ far Equipment, Training and Exercise. B. Conduct periodic monitoring visits to the Sub-grantee to maintain grant compliance. VII. DUTIES AND RESPGNSIBILITIES OF THE SUB-GRANTEE Sub-grantee agrees to: A. Expend Equipment, Training, and Exercise funds under the applicable USDHS Program Guidelines and Application Kits incorporated by reference herein, of this MOA for the enhancement of all hazard preparedness. B. Utilize its departmental procurement procedures and policies for the expenditure of Equipment, Training, and Exercise activities, and follow procurement procedures and policies outlined in the applicable federal regulations, and as outlined in the applicable USDHS Program Guidelines and Application Kits and the USDHS Financial Management Guide. C. Sub-grantee shall, order, receive, inspect, and stage the items at its own facility. The purchase or acquisition of any additional materials, equipment, accessories or supplies beyond those identified in this MOA shall be the sole responsibility of Sub-grantee and shall not be ;reimbursed under this MOA. Sub-grantee shall prominently mark any equipment purchased with grant funding as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." D. Submit invoices} requesting reimbursement for items} received to the NCEM Homeland Security grants manager. Grantee will reimburse Sub-grantee for eligible costs as outlined in the applicable USDHS Program Guidelines and Application Kits. Sub-grantee must take possession of ail purchased equipment and receive any grant-eligible service prior to seeking reimbursement from the grantee. E, Complete the procurement ~s~ process not later than July 31, X012. Page 3 of 8 Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 4-1-3 F. Provide quarterly progress reports to the NCEM Homeland Security grants manager as described in Attachment 2 by the following dates:l5 January, l5 April, l5 July, and 15 Goober. G. Provide inventory list at project completion phase to the Homeland Security Branch listing all equipment purchased through the grant as described in Attachment 3. H, Maintain grant management filing system as required in Attachment 4. I.. Comply with the applicable federal statutes, regulations, policies, guidelines and requirements, reporting requirements and certifications as outlined in the applicable USDHS Program Guidelines and Application Kits. J. Retain all original records pertinent to this MOA for five years from the date of the final Financial Status Report, as outlined in the applicable USDHS Guidelines and Application Kits and the USDHS Financial Management Guide, with the following exception: If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until alI litigation, claims or audit findings involving the records have been resolved. K. The Sub-grantee further agrees to comply with current federal suspension and debarment regulations pursuant to OMB Circular A-133 which states in pertinent part that "[e]ffective November 26, 2003, when anon-federal entity enters into a covered transaction with an entity at a lower tier, the nonfederal entity must verify that the entity is not suspended or debarred or otherwise excluded. SUB-GRANTEE shall be responsible to ensure that it has checked the federal Excluded Parties List System (EPLS} to verify that contractors or sub- recipientshave not been suspended or debarred from doing business with the federal government." VIII. FUNDING AND CGMPENSATIDN Grantee will reimburse Sub-grantee for the actual eligible costs incurred for the subject of this grant, not to exceed $20,040.00 Twenty Thousand dollars}. Funds will be provided by the State of Narth Carolina, Department of Crime Control and Public Safety, Division of Emergency Management. The allocation of funds wi11 be from the USDHS FY 2009 Homeland Security Cxrant Program. All terms and conditions of this Agreement are dependent upon and sub j ect to the. allocation of funds from USDHS and Grantee for the purposes set forth and the MOA shall automatically terminate if funds cease to be available. Allowable eligible costs shall be determined in accordance with the applicable federal regulations, including but not limited to, 44 C.F.R., and the applicable USDHS Program Guidelines .and Application Kits available at http:llwww.ojp.usdoj.govlodplgrants~rograms.htm, OMB Circulars A-21, A-87, A-122, A-128 and A-13 3, the USDHS Financial Management Guide available at http:llwww.dhs.govlxlibrarylassetslGrants,~FinancialManagementGuide.pdf and the approval of Page 4 of 8 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 4-1-4 the State. Administrative Agent for the State of North Carolina, the Secretary of Crime Control and Public Safety. The applicable USDHS Program Guidelines and Application Kits, include but may not be limited to, the following: Fiscal Year ~~09 Homeland Security Grant Program Guidelines. IX. MUDIFICATIDN GF THE AGREEMENT .Modifications of this agreement must be in writing and upon approval of both parties except as modified by official USDHS Federal Grant Adjustment Notice ~GAN}. PRUPERTY All property furnished under this agreement shall become the property of the Sub-grantee, The Sub-grantee shall be responsible for the custody and care of any property furnished for use in connection with the performance of this agreement. Grantee will not be held responsible for any equipment purchased by Sub-grantee. XI. CGMMUNICATIGNS To provide consistent and effective communication between the Sub-grantee and the Department of Crime Control and Public Safety, Division of Emergency Management, each party shall appoint a Principal Representatives} to serve as its central point of contact responsible for coordinating and implementing this MBA. Grantee contacts shall be Mr. H. Douglas Hoell, Jr., Director; John Yarboro, Homeland Security Branch Chief and Mr. Todd Brown, Emergency Services Supervisor. The sub-grantee contact shall be Mr. 'Warren Lee., Emergency Management Director, New Hanover County. All confidential information of either party disclosed to the other party in connection with the services provided hereunder will be treated by the receiving party as confidential and restricted in its use to only those uses contemplated by the terms of this Agreement. Any information which is to be treated as confidential must be clearly marked as confidential prior to transmittal to the other party. Neither party shall disclose to third parties the other party's confidential information without written authorization to do so from the other party. Specifically excluded from such confidential treatment shall be information which: ~i} as of the date of disclosure andlor delivery, is already known to the party receiving such information; iii} is or becomes part of the public domain, through no fault of the receiving party; viii} is lawfully disclosed to the receiving party by a third party who is not obligated to retain such information in confidence; or Div} is independently developed at the receiving party by someone not privy to the confidential information. XII. SUBCGNTRACTING If the Sub-grantee subcontracts any or all purchases required under this Agreement, Sub-grantee agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this MaA. Sub-grantee agrees to include in the subcontract that the subcontractor shall hold Page 5 of 8 Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 4-1-5 Grantee harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this MOA. If Sub-grantee subcontracts a copy of the executed subcontract agreement must be forwarded to the Division of Emergency Management. Contractual arrangement shall in no way relieve Sub~grantee of its responsibilities to ensure that - all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. Sub-grantee is bound by the terms, conditions and restrictions of the applicable USDHS Program Guidelines and Application Kits referenced herein. XIII. COMPLIANCE WITH THE LAW Sub-grantee shall be wholly responsible for the purchases to be made under this MQA and for the supervision of its employees and assistants. Sub-grantee shall be responsible for compliance with all laws, ordinances, codes, rules, regulations, licensing requirements and other regulatory matters that are applicable to the conduct of its business and purchase requirements performed under this MaA, including those of federal requirements and State and local agencies having appropriate jurisdiction and found in applicable USDHS Program Guidelines and Application Kits. XIV. WARRANTY Sub-grantee shall hold Grantee harmless for any liability and personal injury that may occur from or in connection with the performance of this MDA to the extent permitted by the North Carolina Tort Claims Act. xV. ANTITRUST LAWS This Agreement is entered into incompliance with all State and Federal antitrust laws. XVI. TERMINATION - The termination date is July 31, Zo12. This MOA may be terminated upon submission of a 3D- day advance written notice of termination. Upon approval by USDHS and the issuance of the Grant Adjustment Notice, if this MOA is extended, the termination date for the extension will be the date listed in the applicable USDHS Grant Adjustment Notice or as established by the State Administrative Agency whichever is sooner, If DHS suspends or terminates funding in accordance with 44 C.F.R. and the applicable U. S. Department of Homeland Security Program Guidelines and Application Kits, incorporated by reference herein, Sub-grantee shall reimburse the Division of Emergency Management for said property. Page 6 of S Board of Commissioners Meeting vi/v-r/./.vly 4-1-6 XVII. ENTIRE AGREEMENT This Agreement and any exhibits and amendments annexed hereto and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral and written statements or agreements. XVIII. ExECUTI~N This MGA will become effective upon execution of all parties to the MGA. The date of execution shall be the date of the last signature which shall be that of Mr. Gerald A. Rudisill, Jr., Chief Deputy Secretary, NC Department of Crime Control and Public Safety. Pale 7 of 8 Board of Commissioners Meeting vi/v-r/./.vly 4-1-7 o~Gr~ .CONTRACTING AGENCY DIVISION ~F EMERGENCY MANAGEMENT DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BY: H. D AS HOELL, JR.; DIRECTOR DIVISION OF EMERGENCY MANAGEMENT , . DATE:.. ~ ~ ~ ; ~ t~~ BY: WARREN LEE, DIRECTOR NEW HANOVER COUNTY EMERGENCY MANAGEMENT DATE: APPROVED AS TO PROCEDURES: BY: BENNIE AIKEN, CONTROLLER DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY . DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BY: A VIN WATERS, CCPS GENERAL COUNSEL REVIEWED FOR THE DEPARTMENT QF CRIME CONTROL AND PUBLIC SAFETY BY MARVIN WATERS, CCPS GENERAL COUNSEL, TO FULFILL THE PURPOSES OF THE US DEPARTMENT OF HOMELAND SECURITY GRANT PROGRAMS ~ 4 ~ DATE.. BY: GERALD A. RUD151LL, JR., CHIEF DEPUTY SECRETARY NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY DATE: PREVIOUSLY APPROVED AS TO FORM FOR THE US DEPARTMENT OF HOMELAND SECURITY, STATE HOMELAND SECURITY GRANTS, BY THE NORTH CAROLINA DEPARTMENT OF JUSTICE. Page 8 of 8 Board of Commissioners Meeting: n~m~~~n~n 4-1-8 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-130 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-130 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Emergency Management & 911 Communications Ex enditure: Decrease Increase Emer enc Mana ement & 911 Communications: Safet E ui ment $20,000 Total $20,000 Revenue: Decrease Increase Emer enc Mana ement & 911 Communications: State Grant -Urban Search and Rescue Grant $20,000 Total $20,000 Section 2: Explanation To budget grant award of $20,000 from the North Carolina Department of Crime Control and Public Safety. These funds will be used for search and rescue training and exercises and to purchase personal protective equipment, hydraulic rescue tools, and a concrete cutting saw. There is no local match. 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 10-130, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 4-2-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 CONSENT ITEM: 5 DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director CONTACT(S): Kemp Burpeau, Deputy County Attorney & Lena Butler, Purchasing Agent SUBJECT: Approval of a Resolution Authorizing Electronic Bid Advertisements BRIEF SUMMARY: N.C.G.S ~ 143-129(b) gives local governing boards authority to use the method of electronically advertising bids, proposals and the purchase and sale of property in lieu of the requirement to advertise in a local newspaper. In order to use electronic means as the sole preferred method, the County must first adopt a resolution authorizing this method. Electronic advertising is viewed as an efficient and cost effective method of publishing bid notices. If the resolution is adopted, County staff would advertise all bids and proposals for contracts and the purchase and/or sale of property electronically on the County's website. This would eliminate the cost of advertising in the local newspaper. Arguments for electronic advertising include: 1. Newspaper advertising does not seem to increase the potential range of suppliers for County contracts. It assumes that the potential bidder will read the ad in the paper, and since it is only published once, the odds are not in favor of the ad being read. The electronic ad is posted for the life of the bid. 2. An electronic ad is more readily available for viewing and can be found through various search engines. 3. Efficiency. Electronic ads can quickly be posted to the Internet. There is usually athree- to four-day lag time before a print ad appears in a newspaper. This is particularly helpful incases of construction rebid. 4. The cost of electronically advertising is substantially lower than newspaper. 5. Increased competition. An electronic ad reaches a larger audience. When bid opportunities arise, County staff would notify all potential bidders/suppliers of each bid opportunity. Staff would also work to educate suppliers about the new method of advertising for bid proposals and the purchase and sale of property. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution authorizing advertisement and notice solely by electronic means. ATTACHMENTS: Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 5-0 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 5-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING ADVERTISEMENT AND NOTICE SOLEY BY ELECTRONIC MEANS WHEREAS, publishing electronically can result in substantial savings of money and promote greater competition. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover County: Section 1. The County Manager or his designee is authorized to publish advertisements and notices using electronic means instead of publishing in a newspaper in connection with (a) soliciting bids and proposals for contracts and (b) the purchase or sale of property. This authority includes using solely electronic means for publication of: (a) advertisements for bidders on construction and repair contracts under General Statute 143-129; and (b) advertisements for bidders on contracts to purchase apparatus, supplies, materials, and equipment under G.S. 143-129, including those made under the piggybacking procedures of G.S.143-129(g); and (c) advertisements to include the sale of real or personal property under Article 8 of G.S. 153A and Article 12 of G.S.160A; and (d) resolutions, orders, and notices in connection with the sale of real and personal property under Article 8 of G.S.153A and Article 12 of G.S.160A; and Section 2. This resolution is not intended to reduce the authority of the County under any other law, resolution or ordinance. ADOPTED this the 4th day of January, 2010. NE~U HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 5-1-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 CONSENT ITEM: 6 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Edward J. McMahon CONTACT(S): Sheriff Edward J. McMahon SUBJECT: Approval to Accept Grant Award from the Good Shepherd Fund, Inc. for Safe Summer Program BRIEF SUMMARY: The Sheriff's Office has received a $2,000 grant award from the Good Shepherd Fund, Inc., to be used for the Safe Summer Program. The Safe Summer Program is an annual event held during the summer and serves as a continuum of the training that the D.A.R.E. (Drug Awareness Resistance Education) Program provides during the school year. Students that graduate from the D.A.R.E. Program participate in the Safe Summer Program. The summer program allows children to participate in activities that reinforce the positive elements of life and enables them to see that there are alternatives to drug usage. The Good Shepherd Fund grant awards are to be used for drug abuse prevention, intervention and education. There is no local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the grant and adopt the ordinance for budget amendment 10-059. ATTACHMENTS: B/A 10-059 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 6-0 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-059 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-059 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Uniform Patrol Ex enditure: Decrease Increase Sheriff sOffice/Uniform Patrol: Safe Summer Pro ram $2,000 Total $2,000 Revenue: Decrease Increase Sheriff sOffice/Uniform Patrol: Good She herd Fund, Inc. rant $2,000 Total $2,000 Section 2: Explanation To budget grant award of $2,000 from the Good Shepherd Fund, Inc. for the Safe Summer Program. These funds will be used for drug abuse prevention, intervention, and education. There is no local match requirement. 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 10-059, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 6-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 CONSENT ITEM: 7 DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Approval of Board of Education Budget Amendment BRIEF SUMMARY: On November 3, 2009 the Board of Education approved Capital Outlay Budget Amendment # 5. The budget amendment shifts funds between Board of Education Capital Projects and increases the bond funds carried over from FY08-09 to FY09-10 by $92.52. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Board of Education Budget Amendment #5. ATTACHMENTS: Board of Education Budget Amendment #5 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 7-0 . Budget Amendrnen# #5 New Hanover County Administrative Uni# Capital Outlay Fund The New Hanover County Board of Educa#ion a# a meeting on the 3rd day of November 2009, passed the following resolution, Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year ending June 30, 2010, Cade Number Descrip#ion of Code Increase (pecrease~ Uarious See Attached $92,52 Revenue; Uarious See Attached $92,52 Explanation: See attached Total Appropria#ion in Curren# Budget $ 33,852,395,82 Amount of Increase~Decrease of above Amendment 92,52 Total Appropriation in Cu~ent Amended Budget $ 33,852,488,34 Passed by majority vote of the Board of Education of New Hanover County on the 3r°~" day of ~ 20 0~, Chairman, B rd of Ed on Secret ,Board of Education Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 7-1-1 Capital C}utlay Fund Amendment #5 Program Project # Project Description Total Transfers to establish budgets for crificai capifaJ outlay projects as per attached memorandum and Unfunded ~Capifal Outlay listing: 820 - 2005 Bond Program 9058 Noble Traffic Improvements {150,000.00) 9051 Mold remediation and repairs {26,300.00) 9031 Mosley Boiler System Replacement ~ 176,300.00 806 - 2005105 Capital Projects 905$ Traffic Improvement {AldermanJNobie) {329,471.31) 809 - 2008109 Capital Projects 9078 Williston Structual Repairs {Increase in funding) 100,000.00 810 - 2009110 Capital Projects 9031 Mosley Boiler System Replacement 107,071.31 9032 TrasklLaney f=iber Connection 42,000.00 9033 Mobile Relocation 30,000.00 9034 Admin Bldg MDF AC Replacement 29,400.00 9035 Boiler Conversion to Natural Gas {various schools) 21,000.00 Correc#ion to Carryover budget due fo prior year expendifure correction: 820 - 2005 Bond Program 9029 program Management 92.52 Revenue: 4.4610.820 2005 Bond X92.52) Net Change in Capital Outlay 92.52 Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 7-1-2 11~~4~2~09 16.32 N0.0?5 D02~ Fatality p'lanatn~ ~ ~onstrnctiou b~ 1 o carc,l;na $each load V~i~mington,N'o~6 Carolina ~$41~. tel; 9JQ-254313 ~J~V~R Rio-~s~z~s pate: Qcto6ear ~ 209 ~"o: Billl~ance Nary ~azei small 1~`rom; Eddie Anderson ~ ' 1 ~i Capital ~u~.ay I have reviewed ~e status of 14 Capital funded ~►ith Maintenance and Technology and would .like to recor~amend a change. 'here are ~o projects that we don't feel are a higher priority than some of a otb~x capital inns that did npt get fund. ~Ue are sugg~g a change in the priorities to be abbe ~ implement these pro jests iturne~i~tely. Phase ~ 4f oar ~af~c improvements at Noble Diddle ~chaol were completed this past s►er, This has made sign%~t im~pmvement and improved student safety at ~e school, 'We have .xeceived funding for phase fix, but would reootnrnend deferring this project for rare critical needs. ~e also received fuu,ciing for rnald re~aediation m our' 10 capital budget. ~e bave money rernaaning in pre~ia~ua year's capital fc~r mold remadiati4n and will use this rnan.ey first, I recommend the ' I0 ~capi#nl money for mold mnu~diatf on he zeallocated fox more critical needs, Vie refer~d to ' 10 Facilities Capital bequest and the u~ded priorifiies to identi f y nut critical needs, We recommand tl~e i'oll+owing projects; ~ 4. l~osle~► - Replace bailer systems radiator a,nd steam fps 15. firask ~ Laney Install fiber connection with 4" oonduit. ~iJ~t has bad failures. . l~, lrvaluation, ~ i~tial design for future mobile classroom relocatYans ~dmuin Building ~ Rplace air canditioxung in third door MDF 21..~adersan, Ircmey and .l~Iutxayville --Convert bailer fxona pxopane to nai~rai gas. We skipped prin~,~ies I ?,18 and ~ 9 due to the costs of these items ~d we felt ca ital caz~t~Agency cQUld, be used ~o fund any unforeseen. repairslrenavaticns that ma came dux~ng 1'he year. y ~ P I have attached a vud.get transfer request fvr cousideraticn at the next Baaxd meeting. ~'leasG review a,nd Iet me kuov~ if you have any questions ox concerns, Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 7-1-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 CONSENT ITEM: 8 DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2010. 10-113 -Social Services 10-125 -Social Services 10-127 -Social Services 10-128 -Social Services 10-110 - Sheriff s Office 10-111- Sheriff s Office 10-131- Sheriff s Office 2010-35 - Sheriff s Office 2010-36 -Sheriff's Office RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 10-113 B/A 10-125 B/A 10-127 B/A 10-128 B/A 10-110 B/A 10-111 B/A 10-131 B/A 2010-35 B/A 2010-36 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 8-0 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-113 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-113 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS I Administration Ex enditure: Decrease Increase DSS /Administration: Salaries and Wa es $66,000 DSS /Client Related Su ort - CWS: Famil Find Searches $1,000 Total $67,000 Revenue: Decrease Increase DSS /Administration: Duke Endowment Grant $67,000 Total $67,000 Section 2: Explanation To budget a grant award of $67,000 from the Duke Endowment to fund salaries for Family Find personnel and information search expenses. No County match is required, and there is no requirement to continue the program when funding ends. This funding will defray the cost of an existing position. Expenditures in the department have not been reduced by a similar amount due to the large increase in caseloads that is being experienced by the Department. 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 10-113, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-1-1 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-125 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-125 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS I ARRA Ex enditure: Decrease Increase DSS /ARRA: Da care Services $306,559 Total $306,559 Revenue: Decrease Increase DSS /ARRA: 0 eratin Grant -Federal $306,559 Total $306,559 Section 2: Explanation To budget an additional allocation of Federal ARRA Stimulus funds for Child daycare services. There are currently just over 400 children on the DSS daycare wait list. There is no County match required. 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 10-125, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-2-1 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-127 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-127 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS /Energy Assistance Ex enditure: Decrease Increase DSS I Ener Assistance: Assistance Pa menu $79,980 Total $79,980 Revenue: Decrease Increase DSS /DSS -Administration: DSS Admin 1571 Funds -Fed /State $79,980 Total $79,980 Section 2: Explanation To budget an additional crisis intervention funds of $79,980 for energy assistance payments. There is no County match required. 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 10-127, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-3-1 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-128 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-128 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS /Child Daycare Ex enditure: Decrease Increase DSS / Child Da care: Smart Start Child Da care $83,673 Total $83,673 Revenue: Decrease Increase DSS / Child Da care: 0 eratin Grants and Contributions -Smart Start $83,673 Total $83,673 Section 2: Explanation To budget an additional Smart Start allocation of $83,673 for Smart Start child daycare services. There is no County match required. 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 10-128, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-4-1 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-110 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-110 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Uniform Patrol Ex enditure: Decrease Increase Sheriff sOffice/Uniform Patrol- Trainin and Travel $10,000 Total $10,000 Revenue: Decrease Increase Sheriff sOffice/Uniform Patrol: NC Governor's Hi hwa Safet Pro ram rant $10,000 Total $10,000 Section 2: Explanation To budget grant award of $10,000 from the North Carolina Governor's Highway Safety Program for Law Enforcement Liaison Reimbursement grant for Sheriff s Office personnel in-state and out-of state travel reimbursements while assisting in gathering traffic statistics and coordinating the initiatives of "Booze It and Lost It" and "Click It or Ticket" campaigns. Total proj ect cost is federal funds and no County match is required. The Board of County Commissioners approved application for these grant funds at their August 17, 2009, meeting. 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 10-110, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-5-1 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-111 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-111 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Uniform Patrol Ex enditure: Decrease Increase Sheriff sOffice /Uniform Patrol: Salaries & Wa es $1,821 Total $1,821 Revenue: Decrease Increase Sheriff sOffice /Uniform Patrol: Traffic Enforcement Grant $124,027 A ro riated Fund Balance: A ro riated Fund Balance $122,206 Total $122,206 $124,027 Section 2: Explanation To budget third year Governor's Highway Safety Program 2010 Traffic Enforcement grant award. These funds will continue funding 4 deputy positions until September 2010. Positions will be evaluated and continuation will be determined based on available funding at that time. Total project amount for year 3 is $248,054. In FY09-10, an amount of $246,233 was budgeted for the cost of 4 deputy positions. Revenue was not budgeted pending approval of grant. This budget amendment is budgeting the non-county portion of grant in the amount of $124,027. The actual grant amount approved is $ 1, 821 more than the currently budgeted amount. The award of the grant decreased appropriated fund balance by $122,206. Prior to actions taken at the Board of County Commissioners meeting, the Appropriated Fund Balance is $3,739,234. 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 10-111, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-6-1 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-131 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-131 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Uniform Patrol Ex enditure: Decrease Increase Sheriff sOffice /Uniform Patrol: Salaries & Wa es $38,565 Total $38,565 Revenue: Decrease Increase A ro riated Fund Balance: A ro riated Fund Balance $38,565 Total $38,565 Section 2: Explanation To carry over Governor's Highway Safety Program 2010 Traffic Enforcement grant from FY08-09 to FY09-10. Prior to actions taken at the Board of County Commissioners meeting, the Appropriated Fund Balance is $3,739,234. 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 10-131, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-/-1 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 2010-35 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2010-35 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: Controlled Substance Tax Department: Sheriff s Office Ex enditure: Decrease Increase Controlled Substance Tax: Su lies $7,626 Total $7,626 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $7,626 Total $7,626 Section 2: Explanation To budget receipt of $7,626 on 11/25/09. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. 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 2010-35, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-8-1 AGENDA: January 4, 2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 2010-36 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2010-36 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: Federal Forfeited Property Department: Sheriff s Office Ex enditure: Decrease Increase Federal Forfeited Pro e Su lies $5,002 Total $5,002 Revenue: Decrease Increase Federal Forfeited Pro e Federal Forfeited Pro e $5,002 Total $5,002 Section 2: Explanation To budget receipt of $5,002 on 12/12/09. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. 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 2010-36, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2010. (SEAL) Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi/v-r/./.vly 8-9-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 REGULAR ITEM: 9 DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson CONTACT(S): Sheila Schult, Clerk to the Board SUBJECT: Presentation of Plaque to Commissioner Ted Davis, Jr. for His Service as Chairman of the Board of Commissioners for the Past Year BRIEF SUMMARY: A plaque is to be presented to Commissioner Ted Davis, Jr. in recognition of serving as Chairman of the New Hanover County Board of Commissioners from December 1, 2008 to December 7, 2009. RECOMMENDED MOTION AND REQUESTED ACTIONS: Present plaque. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present plaque. COMMISSIONERS' ACTIONS: Presented plaque. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 9-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 REGULAR ITEM: 10 DEPARTMENT: County Attorney PRESENTER(S): ABC Board CONTACT(S): Bruce Shell, County Manager and Wanda Copley, County Attorney SUBJECT: Public Hearing Consideration and Possible Board Action Regarding ABC Board Policies, Procedures and Actions BRIEF SUMMARY: The Board of Commissioners has requested that the ABC Board appear to address concerns that the Commissioners have regarding ABC Board policy, procedures and actions. A public hearing will be conducted. The Commissioners will have a discussion and consider whatever action, if any, the Commissioners deem appropriate. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing. Hear from the ABC Board. Consideration by the Commissioners as to what, if any, action it desires to take. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. Hear from the ABC Board. Consideration by the Commissioners as to what, if any, action it desires to take. COMMISSIONERS' ACTIONS: The letter of resignation of the ABC Board was read into the record and accepted 5-0. A motion to remove the item as a public hearing was approved 5-0. Bruce Shell, Wanda Copley and Avril Pinder were appointed as the interim ABC Board for no less than 90 days and no more than 120 days. Bruce Shell was appointed interim Chairman. The interim board will serve without compensation. An item will be placed on the February 15, 2010 agenda to discuss qualifications desired for the Board members prior to advertising vacancies and specifics of the board. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 10-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 REGULAR ITEM: 11 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge, Planning & Zoning Manager and Chris O'Keefe, Planning & Inspections Director CONTACT(S): Jane Daughtridge, Planning & Zoning Manager and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Text Amendment (A-38212/09) -Request by Staff to Amend Section 69.17, to Expand the Standards for Telecommunication Towers BRIEF SUMMARY: At its December 3, 2009 meeting, the Planning Board voted 4-0 to recommend approval of this amendment. One change was recommended to require the landscape buffer to be located within the tower site. This recommendation has been included in the final draft. No one from the public spoke on this item. Recent requests for wireless communication towers in residential areas have generated public concern for this issue. In response to those concerns, staff has evaluated the existing regulations and is bringing forward suggested amendments to help clarify the expectations. Providing more complete standards that address some of the aesthetic or safety concerns typical in neighborhoods is desirable in today's technological climate. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff Recommends: Motion to Approve ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of Policy 5.7 adopted in the 2006 land use plan to preserve the character of existing residential neighborhoods; 2. Reasonable and in the public interest to clarify and specify the standards for approval of telecommunication towers to be placed within the unincorporated county. ATTACHMENTS: Cell Tower Amendments COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 11-0 COMMISSIONERS' ACTIONS: A motion to approve, noting it is in harmony with the land use plan, was approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 11-0 Case A-3 82,12/09 REQUEST BY: STAFF AMEND SECTION 69.17 OF THE ZONING ORDINANCE TELECOMMUNICATION FACILITIES, CELLULAR AND RELATED TOWERS TO ADD MORE SPECIFIC STANDARD S PLANNING BOARD ACTION: At its December 3, 2009 meeting the Planning Board voted 4-0 to recommend approval of the proposed amendments with one addition relating to buffers, which has been incorporated into the document below. No one from the public spoke on this item. BACKGROUND: Recent requests for wireless communication towers in residential areas have generated public concern for this issue. In response to those concerns, staff has evaluated the existing regulations and is bringing forward suggested amendments to help clarify the expectations. Providing more complete standards that address some of the aesthetic or safety concerns typical in neighborhoods is desirable in today's technological climate. We attempted to better protect the public and to address safety issues, visual impacts, and the need for service. STAFF RECOMMENDATION: Staff feels these changes are an improvement over existing language and supports the Planning Board recommendation for approval as submitted below. (Red print is proposed new language. Strike-through is existing language to be deleted.) Section 69.17: Telecommunication Communication Facilities, Cellular and Related Towers These facilities may be located by right in the I-1 and I-2 Districts and by special use permit in all other zoning districts. In addition, these facilities shall be subject to the following: (A) ,any tower, antenna or related structure in N ~N r°~~ °N+~ district shall set back from any residential a distance equal to the height of the tower as measured from the base of the tower. (B) , III+~~GZCC~i CrV 10 ~ V~CIIZCI~I7ZC ~~r ~ n ~ v~rnt~ p~}~y 1111 V . Page 1 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 11 - 1 - 1 Case A-3 82,12/09 (C) A landscaped buffer (D) All applicants seeking approval for the construction of any new towers, antennas, and related structures shall submit written evidence . to demonstrate that collocation on any existing tower, antenna or usable structure in the search area for the new tower is not reasonable or possible. Page 2 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 11 - 1 - 2 Case A-3 82,12/09 (E) All towers shall be constructed to accommodate collocation. Towers over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Towers 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. (F) All applicants seeking approval shall also submit a written affidavit that the construction or placement of such structures meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules Sections 1.1311,1.1312,1.1307 and all other applicable federal, state and local laws. (G) Any tower and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even through the tower and associated equipment may not conform with the provisions of this Ordinance for the district in which it is located. Towers and associated equipment may only be enlarged and/or relocated if the enlarged or relocated tower eliminates the need for an additional tower, provides additional collocation opportunities on the tower, or provides additional antenna space on the tower; and provided further that the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: 1. Tower height may not be increased by more than 15% of the originally constructed tower height. Increases in height greater than 15% will require a variance from the Board of Adjustment. 2. A tower shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setback does not exceed 15% of the originally constructed tower height and the relocated tower is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the tower where the resulting decrease in setback exceeds 15% of the originally Page 3 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 11-1-3 Case A-3 82,12/09 constructed tower height shall require a variance from the Board of Adjustment. (8/4/97) (H) Cellular and PCS antennas attached to existing structures shall not add more than six feet to the overall height of a structure. (10/02) Page 4 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 11-1-4 Case A-3 82,12/09 ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of Policy 5.7 adopted in the 2006 land use plan to preserve the character of existing residential neighborhoods; 2. Reasonable and in the public interest to clarify and specify the standards for approval of telecommunication towers to be placed within the unincorporated county. Page 5 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 11-1-5 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 REGULAR ITEM: 12 DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Principal Development Planner; Chris O'Keefe, Planning & Inspections Director CONTACT(S): Sam Burgess, Principal Development Planner; Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Text Amendment (A-383 12/09) -Request by Staff to Amend Article VII of the County Subdivision Ordinance to Add Two New Private Road Certificates BRIEF SUMMARY: At their regular meeting on December 3, 2009, the Planning Board voted 4-0 to recommend approval of both Private Road Certificates. The Planning Board recommended additional wording at the end of the last sentence of the Certificate of Disclosure. No one from the public spoke in opposition. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff Recommends: Motion to Approve Action Needed: (Choose one) 1. Motion to approve the amendments as presented 2. Motion to modify the recommended amendments 3. Motion to deny the recommended amendments ATTACHMENTS: Staff Summary Private Roads Disclosure Certificate Private Roads Certification COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 12-0 CASE: A-383,12/09 PETITIONER: Private Road Task Force & Technical Review Committee (TRC) REQUEST: Add Two Private Road Certificates to Article VII of the New Hanover County Subdivision Ordinance Planning Board Action At their regular meeting on December 3, 2009, the Planning Board voted 4-0 to recommend approval of both Private Road Certificates. The Planning Board recommended additional wording at the end of the last sentence of the Private Roads Disclosure Certificate displayed in bold and underlined). No one from the public spoke in opposition. Staff History During the past several years, the County's Technical Review Committee TRC) has approved a number of preliminary site plans that were designed and designated as public streets. After preliminary site plan approval, construction plan drawings for the public roads are submitted to the North Carolina Department of Transportation (NCDOT) for review and approval. A growing number of construction plansfor public roadssubmitted to NCDOThave been denied ordelayed. Reasons include issuessuch as improper curve radii, the presence of significant or regulated trees close to and or within the road right- of-way, sidewalk encroachments, streetscape vegetation limiting site distance along with inadequate drainage due to marginal soil conditions. Developers have been re-approaching TRC and asking for their roads to be re-designated from public to private use. In order to better understand this issue, Planning staff convened a Private Task Force Committee (TFC), including local stakeholders, to research the problem and propose solutions. The preferred solution was to add certificate language disclosing to perspective buyers that roads in their subdivision would be private and maintained by the Property Owner's Association. A Private Road Certificate was also crafted requiring that a licensed Professional Engineer from North Carolina certify that the roads were built to minimum NCDOT construction standards for right-of-way width, aggregate base, and asphalt topping as displayed on the road cross-section of the preliminary site plan. The Certificates As a part of your agenda package for this item, two distinct documents were created for private roads in newly proposed subdivisions. 1. Certificate of Disclosure: Private Roads The certificate of disclosure is signed and dated by the developer or owner of the preliminary project, indicating that he will be responsible for the maintenance of the private roads until such time as the responsibility transfers to the Property Owners Association. The roads are to be built in accordance with the County's Subdivision Ordinance and all applicable County Codes which Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 12 - 1 - 1 would include the design, installation, inspection, and approval by a licensed Professional Engineer(PE) recognized in the State of North Carolina.Thiswould be completed prior to final plat approval for all or a portion of the project. If all or a portion of the road infrastructure system within the project is bonded through a surety, performance bond, orcash escrow, the bond will not be released until all road construction improvements are completed and certified by the Professional Engineer. This disclosure statement would be revealed to the prospective buyer by the developer, real estate agent, and closing attorney and would also be affixed to the final plat. 2. Private Roads Certificate Once the road improvements are compete, the second Private Roads Certificate would be required. This certification would require signature and seal from the Professional Engineer that the private roads have been designed, inspected, and approved in accordance with Section 52-4 of the County's Subdivision Ordinance and all applicable County Codes prior to final plat approval for all or a portion of the project. The PE who certifies the road construction places the prospective buyer on notice that there are no guarantees or assurances of acceptance of the road by NCDOT in the future. This certification would be placed in the project files of the County Engineering Department along with the Planning and Inspections Department. Staff Recommendation Planning staff feels that the proposed changes to the subdivision ordinance will accommodate new directions in development in our area such as Low Impact Development techniques (LID) and Exceptional Design projects along with the preservation of significant and regulated trees. Providing full disclosure to the prospective home buyer of road maintenance responsibilities will help the public make informed choices when they purchase property in such subdivisions. Planning staff supports the Task Force and TRC recommendations for approval of both certificates. ACTION NEEDED: (Choose one) 1. Motion to approve the amendments as presented 2. Motionto modifythe recommended amendments 3. Motion to deny the recommended amendments Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 12-1-2 Certificate of Disclosure: PRIVATE ROADS Revised: 09/20/09 Revised:11/12/09 I (we) the developers of subdivision located in the unincorporated area of New HanoverCounty understandthatthe roads in said subdivision are designated private. I understandthatownershipand maintenanceof the roadswill bethe responsibilityof the developer until such timethatthe developerdesignatestheresponsibility to the property owners' association. Responsibilities must be accepted by the homeowners association as specified in the homeowner covenants for said subdivision. The private roads in said subdivision are to be constructed in accordance with Section 52-4 of the New Hanover County Subdivision Ordinance and all applicable County Codes which includes the design, installation, inspection, and approval bya licensed Professional Engineer(PE) recognized inthe State of North Carolina priortofinal plat approvalforall ora portion of the subdivision. If all or a portion of the road infrastructure system within the subdivision is bonded through a surety, performance bond, or cash escrow, no bond shall be released until all road construction improvements are complete and certified by the Professional Engineer. It shall be disclosed to the prospective buyer of a lot or lots within the subdivision that road maintenanceshall runthroughthe propertyownersassociation in perpetuity after acceptance from the developeruntil suchtimethatthe roadsare re-platted as publicallydesignated roads andtaken overformaintenancethroughthe North Carolina Department of Transportation (NCDOT) or appropriate ~overnin~ authority. Developer's Name Date Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 12-2-1 Private Roads Certification I (we) herebycertifythat all private roads as depicted on subdivision plat have been designed, installed, inspected, and approved in accordance with Section 52-4 of the New Hanover County Subdivision Ordinanceand all applicable NewHanoverCountyCodes prior tofinal platapproval forall ora portion of the subdivision. Byicertifyin~the construction of these roads as private, there are no guarantees orassurances of acceptance of said roads by the North Carolina Department of Transportation. Certified Professional Engineer Date Seal Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 12-3-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 REGULAR ITEM: 13 DEPARTMENT: Parks PRESENTER(S): Jim McDaniel, Parks and Gardens Director CONTACT(S): Jim McDaniel, Parks and Gardens Director SUBJECT: Trails End Boating Access Facility Progress Report and Consideration of Proposed Rules for Use BRIEF SUMMARY: Trails End Boating Access Facility progress report. Presentation on the latest plans for the facility, time line for construction, the draft rules for use of the park, and report on the public meeting held on the Monday, November 23, 2009 at Parsley Elementary School. Also, answer questions from the commissioners regarding the project. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of rules for use for the park. ATTACHMENTS: Proposed Rules Trails End Boating Access Facility COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider proposed rules for use. COMMISSIONERS' ACTIONS: Heard presentation and approved rules for use of the park as presented 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 13-0 Proposed Rules Trails End Boating Access Facility This facility is subject to all laws adopted by the North Carolina Wildlife Resources Commission which govern boating access areas under their authority. These regulations are as follows: "Boating access areas are designed, constructed, and maintained by the wildlife Resource Commission's Engineering Division for public use. Compliance with the following boating access area laws will go a long way toward keeping these areas clean, safe, and for all to enjoy." It is unlawful to: • Leave any vehicle, trailer, boat or other obstruction where it will impede the use of the ramp by others. • Park any vehicles, trailer or boat anywhere on the area other than the designated parking zone. This does not prohibit legal use of the ramp. • Use the area for swimming, camping, operating concessions or for any use other than the launching and recovery of boats and parking of vehicles and boat trailers, except where facilities for a particular use are provided. • Operate any vessel within 50 yards of the ramp at a speed greater than "No wake" speed. • Possess loaded firearms on the access area. • Operate a vehicle on any boat access area in a manner so as to endanger life or property. • Deposit any debrisor refuse anywhere onthegroundsof the area. • Fail to obey any instruction or signs regulating use of the access area. • Conduct any special event, such as fishing tournament weigh-in, without first obtaining a letter of authorization from the Division of Engineering Services by calling (919) 707-0150. This permit must be available for inspection by wildlife enforcement officers during the event. • Park in a handicapped space without displaying handicapped plate or sign. New Hanover County is considering the following rules in addition to those listed above: 1. The property will be managed by New Hanover County, and, therefore, subject to all applicable New Hanover County Parks Ordinances. Accordingly, the following is not allowed: • Overnight camping on the property; all vehicles must be removed after 72 hours • Open fires Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 13-1-1 • Consumption of alcohol or possession of open containers of alcohol on the property • Excessive noise • Solicitation by private vendors • Commercial activity, unless specifically authorized in writing by New Hanover County • No unleashed pets; owner must pick up after their animals all waste and they are subject to all applicable New Hanover County Ordinances 2. Visitors to the facility should be aware of and respect the residential nature of the area leading to and surroundingthefacility. 3. New Hanover County reserves the right to establish hours of operation of the facility. Should the County adopt hours of operation they will be clearly posted in the park. 4. Visitors must obey all traffic laws on Trails End Road and neighboring streets. 5. Parking along Trails End Road and neighboring streets is discouraged. Trails End Road is subject to North Carolina Department of Transportation regulations. 6. The dock maybe used for recreational fishing, subject to North Carolina Saltwater Fishing License Regulations. 7. The dock maybe used only for temporary mooring of boats waiting to use the boat ramp. No overnight mooring allowed. 8. All special events, such as fishing tournaments, family reunions, wedding ceremonies, etc. are subject to review and approval by New Hanover County Parks system. 9. New Hanover County assumes no responsibility for loss or theft from vehicles or watercraft. Take all valuables with you when leaving the area. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 13-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 REGULAR ITEM: 14 DEPARTMENT: Parks PRESENTER(S): Jim McDaniel, Parks and Gardens Director CONTACT(S): Jim McDaniel, Parks and Gardens Director SUBJECT: Update on County Parks BRIEF SUMMARY: Jim McDaniel will provide an update on County Parks with a focus on capital projects. The presentation will include existing projects as well as future projects. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 14-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2010 REGULAR ITEM: 15 DEPARTMENT: County Manager PRESENTER(S): Chris Coudriet, Assistant County Manager and Avril Pinder, County Finance Director CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: Consideration of Southeastern Center Facility Authorization to Design and Construct BRIEF SUMMARY: County staff and representatives from Southeastern Center (SEC) have worked since summer 2009 to develop a plan for designing and constructing a new SEC headquarters. Anew SEC facility affords the New Hanover County Health Department the opportunity to make necessary expansions to support its public health mission, and meets the long term growth expectations for SEC. SEC Area Board members voted to proceed with the project at its November 19, 2009 meeting. SEC approved a $5.78 million 20,000 square foot facility. The facility is planned for 12 acres between Medical Center Drive and Physicians Drive held by the County on behalf of SEC. The suggested finance model includes issuing Recovery Zone Economic Development Bonds, and using the principal and interest of the remaining $3 million SEC facility fund balance to fund the debt service through 2019. Chris Coudriet, Assistant County Manager, and Avril Pinder, County Finance Director, will present the complete plan to include the time line and budget impact. RECOMMENDED MOTION AND REQUESTED ACTIONS: County staff is recommending three actions: 1. Approve the project Memorandum of Agreement between New Hanover County and Southeastern Center; 2. Adopt resolutions declaring New Hanover County a recovery zone and allocate bonds to the Southeastern Center project; 3. Authorize the County Manager to execute a contract with LS3P and Associates for design and project management. ATTACHMENTS: Agreement Resolution Designating Recovery Zone Resolution -Reallocation of Recovery Zone Economic Bond Allocation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-0 Recommend approval. COMMISSIONERS' ACTIONS: Approved the project Memorandum of Agreement between New Hanover County and Southeastern Center contingent upon Brunswick and Pender Counties' agreement to pay their appropriate share of the cost 4-1, Commissioner Greer dissenting. Adopted resolution declaring New Hanover County a recovery zone 5-0. Adopted resolution authorizing the allocation of bonds to the Southeastern Center project 4-1, Commissioner Greer dissenting. Authorized the County Manager to execute a contract with LS3P and Associates for design and project management 5-0. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-0 NEW HANOVER COUNTY # 10-0245 NORTH CAROLINA AGREEMENT NEW HANOVER COUNTY THIS CONTRACT, made and entered into this day of , 20_, by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "COUNTY"; and SOUTHEASTERN CENTER FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES & SUBSTANCE ABUSE SERVICES, a mental health, developmental disability and substance abuse area facility organized pursuant to General Statute 122C, hereafter referred to as "SOUTHEASTERN". WITNESSETH: WHEREAS, the parties hereto desire to efficiently promote and provide mental health services through construction of facilities mutually beneficial to both the County and Southeastern; WHEREAS, Southeastern is agreeable to participating in the cost of such construction; and WHEREAS, Southeastern has previously transferred to the County a sum of three million dollars from its unreserved fund balance to be used by County, together with County funds, for construction of a mental health facility to be occupied by Southeastern, and has conveyed to the County approximately 12.7 acre tract to be used for the same purpose. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-1-1 NEW HANOVER COUNTY # 10-0245 NOW, therefore, the parties hereto agree as follows: 1. CONSTRUCTION: The County shall construct a mental health facility of approximately 20,000 square feet that shall be utilized by Southeastern, pursuant to designs and plans mutually acceptable to the parties. Southeastern shall participate fully in the design and planning process and shall have final approval of the design and configuration of the approximately 20,000 square foot facility which it will occupy. The structure shall be constructed upon land previously owned by Southeastern, more fully identified as an approximate 12.7 acre tract of underdeveloped property positioned between Medical Center Drive and Physicians Drive in New Hanover County, conveyed to County by Southeastern in Deed Book 5197, Page 2789, New Hanover County Registry. The 12.7 acre property is comprised of 8.7 acres which are part of a medical subdivision referred to as Lakeside Estates, with the balance 4 acres being previously shown on maps as part of a proposed Wilmington Medical Park. 2. COST: Southeastern having conveyed title to the subject real estate to the County and having paid the sum of three million dollars to the County, on or before June 30, 2007, the County shall contract for and pay for all facility design and construction expense for the 20,000 square foot facility, not to exceed five million seven hundred eighty thousand dollars ($5,780,000) inclusive of the three million dollars ($3,000,000) previously paid by Southestern but excluding the value of the subject real estate. The projected construction schedule is for the design and construction plan phase to commence with the execution of this agreement. If, for any reason, construction of the facility has not begun by June 2011, the County will return the real property and the three Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-1-2 NEW HANOVER COUNTY # 10-0245 million dollars with accrued interest to Southeastern, if requested to do so by Southeastern's Board of Directors. 3. LEASE: Upon completion of construction, the County shall lease to Southeastern for one dollar annual rent the approximately 20,000 square foot area and associated common areas and parking, for an initial term of thirty years and two renewal terms of thirty years each. Southeastern may exercise the renewal terms at its option. A lease shall be executed where under the County shall keep in good repair and insure the entire building and all associated facilities, including the roof, building exterior, building interior, mechanical, electrical and plumbing systems, grounds, and parking facilities. Southeastern shall pay its utilities and janitorial costs. Southeastern shall maintain insurance on its personal property and fixtures. Southeastern shall have the right to assign or sublet the approximately 20,000 square foot area, or portions thereof, to a private or governmental organization providing mental health, developmental disability, or substance abuse services, with approval of the County, which approval will not be unreasonably withheld. 4. SALE OR DISPOSITION OF PROPERTY. Pending commencement of construction of the 20,000 square foot facility, the County shall not sell, encumber or otherwise dispose of the 12.7 acre property without Southeastern's consent. Following construction of the 20,000 square foot facility, the County will consult with Southeastern with respect to sale or disposal of the remaining portion of the 12.7 acre property to ensure that such sale or disposal does not interfere with or detract from Southeastern's use of the 20,000 square foot facility or give rise to an inappropriate or incompatible use of the property. Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-1-3 NEW HANOVER COUNTY # 10-0245 5. FUTURE DEVELOPMENT. In the event the County elects to expand the 20,000 square foot facility or construct an adjoining facility to house the County Health Department or other such department, the County will consult with Southeastern with respect to the design of the expansion or adjoining facility to ensure that the expansion or separate construction is compatible with and does not unduly interfere with Southeastern's use of the 20,000 square foot facility. NEW HANOVER COUNTY Board of Commissioner Chairman (SEAL) Sheila L. Schult Clerk to the Board Southeastern Center for Mental Health, Developmental Disabilities & Substance Abuse Services Chairman (SEAL) Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-1-4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING RECOVERY ZONE WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 1115-5) ("ARRA") modifies the Internal Revenue Code of 1986, as amended (the "Code") to authorize, among others, two new types of bonds entitled "recovery zone economic development bonds" and "recovery zone facility bonds"; and WHEREAS, "recovery zone economic development bonds" are a subcategory of taxable build America bonds (as defined in Section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as Section 1400U-2 of the Code, the proceeds of which are to be used for qualified economic development purposes in a recovery zone; and WHEREAS, qualified economic development purposes include expenditures for the purpose of promoting development or other economic activity m a recovery zone, including capital expenditures for property located in the zone or expenditures for public infrastructure and construction of public facilities in the zone; and WHEREAS, ARRA also authorizes a new type of federally tax exempt private activity bonds entitled "recovery zone facility bonds" in Sections 1400U-1 and 1400U-3 of the Code to finance construction, renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone, with "qualified business" defined to include any trade or business other than residential rental property and certain prohibited uses outlined in the Code; and WHEREAS, sections 1440U-2 through 1400U-3 of the Code, and related Notice 2009-50 issued by the U.S. Treasury Department (collectively, the "Recovery Zone Act"} define a recovery zone as any area designated by the County as an area of significant poverty, unemployment, rate of home foreclosure, or general distress; and WHEREAS, the County has determined that the County has experienced significant unemployment due to an increase in unemployment since June 2008; and WHEREAS, the County has determined that it is in the best interest of the County and its citizens to designate the County limits as a "recovery zone" for purposes of the Recovery Zone Act. Page 1 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-2-1 NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1. The County hereby finds that there is significant unemployment in New Hanover County, and therefore hereby designates the County of New Hanover County as a recovery zone for purposes of the Recovery Zone Act; and 2. The officers of the County are hereby authorized and directed to take all actions as may be required in furtherance of the designation of the recovery zone. ADOPTED this the 4th day of January, 2010. NE~U HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Page 2 Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-2-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE APPROPRIATE COUNTY OFFICERS TO FILE A REQUEST FOR REALLOCATION OF RECOVERY ZONE ECONOMIC BOND ALLOCATION WHEREAS, the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 1115-5) ("ARRA") modifies the Internal Revenue Code of 1986, as amended (the "Code") to authorize, among others, two new types of bonds entitled "recovery zone economic development bonds" and "recovery zone facility bonds"; and WHEREAS, "recovery zone economic development bonds" are a subcategory of taxable build America bonds (as defined in Section 54AA(d) of the Code), issued under provisions of ARRA that have been codified as Section 1400U-2 of the Code, the proceeds of which are to be used for qualified economic development purposes in a recovery zone; and WHEREAS, ARRA also authorizes a new type of federally tax exempt private activity bonds entitled "recovery zone facility bonds" in Sections 1400U-1 and 1400U-3 of the Code to finance construction, renovation, or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone, with "qualified business" defined to include any trade or business other than residential rental property and certain prohibited uses outlined in the Code; and WHEREAS, NCAC Chapter Ol, Subchapter OlH Section .0400 - .0404 established procedures for recovery zone bonds allowing a recipient at any time to request for reallocation; and WHEREAS, the County has a project to construct an administration building for Southeastern Center for Mental Health at an estimated cost of $6,000,000. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1. The County is requesting an allocation of Recovery Zone Economic Bonds in the amount of $6,000,000; and 2. The officers of the County are hereby authorized and directed to take all action as maybe required in filing a Request for Reallocation of the Recovery Zone Economic Bond Allocation. ADOPTED this the 4th day of January, 2010. NE~U HANOVER COUNTY Jason R. Thompson, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting n~ m~~~n~n vi~v~~~.vly 15-3-1