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Agenda 2008 04-07 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G. GREER, CHAIRMAN. WilLIAM A. CASTER, VICE- CHAIRMAN TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD April 7, 2008 5:30 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION (Reverend George W. Maize, IV from Warner Temple AME Zion Church) PLEDGE OF ALLEGIANCE (Commissioner William A. Kopp) APPROV AL OF CONSENT AGENDA ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of "The Week of the Young Child" Proclamation 49 5:45 p.m. 2. Consideration of "Spring Litter Sweep" Proclamation 51 5:50 p.m. 3. Consideration of "N ational County Government Week" Proclamation 53 5:55 p.m. 4. Consideration of "Sexual Assault Awareness Month" Proclamation 55 6:00 p.m. 5. Consideration of "Child Abuse Prevention Month" Proclamation 57 Presentation: George Holding, US Attorney for the Eastern District, and Assistant District Attorneys Tom Old and Tim Severo will make a short presentation to the Board regarding the spending of County grant funding that allowed the District Attorney's Office to hire a dually sworn prosecutor (SAUSA) to take drug cases to the federal level over the last year and a half. 6:05 p.m. 6. Consideration of a Resolution in Support of Continuation of Criminal Justice 59 Partnership Program Funding 6:10 p.m. 7. Presentation: Southeastern Center Budget Deficit Update 61 6:20 p.m. 8.1 Public Hearing 63 Rezoning Request (Z-881, 3/08) - Request by Withers & Ravenel for Thomas Clifford Munn Heirs to Rezone Approximately 2.2 Acres Located off Gordon Rd (PID R03400-003-007-000) and Adjacent to Brierwood Subdivision in the Transition Land Classification from R-15 Residential to R-l 0 Residential District; the Action Would Increase Potential Density from 2.5 to 3.3 Units Per Acre 6:40 p.m. 8.2 Public Hearing 73 Text Amendment (A-370, 3/08) - Request by County Commissioners to Evaluate the Need to Change Section 59.9-1 and Eliminate State Property on the West Side of the Cape Fear River from the Eligible Area for Riverfront Mixed Use District 6:55 p.m. 9. Consideration of Additional Tax Positions for the Next Revaluation and 75 Adoption of Ordinance for Budget Amendment 08-212 7:00 p.m. 10. Consideration of Waiver of Competitive Bidding for Television Broadcasting 77 Equipment in the Commissioners Assembly Room at the Historic Courthouse and Award of Contract to Technical Video Systems, Inc. 7:05 p.m. 11. Meeting of the Water and Sewer District 81 8:00 p.m. 12. Non-Agenda Items (limit three minutes) 8:05 p.m. 13. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8: 15 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 2 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 7:05 p.m. 1. Non-Agenda Items (limit three minutes) 7:10p.m. 2. Approval of Minutes 83 7: 15 p.m. 3. Consideration of Cape Fear Public Utility Authority (CFPUA) Interim Funding 85 Request and Adoption of Ordinance for Budget Amendment 08-210 7:20 p.m. 4. NOTE: This item has been withdrawn. 91 Consideration of a Resolution of Acceptance of Public Dedication, Figure Eight Harbour Common Area 7:30 p.m. 5. Consideration of a Resolution to A ward Ogden Park Well Head Construction 95 Work 7:40 p.m. 6. Consideration of Funding for the Extension of an 8-inch Sanitary Sewer Main 97 and a 12-inch Water Main on Murrayville Road and Adoption of Ordinance for Budget Amendment 2008-100 7:50 p.m. 7. Consideration of a Resolution of Condemnation of a Thirty-Foot (30') Wide 99 Utility Easement for Sewer Purposes at 7026 Market Street, Cardinal Lanes, Inc. 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 7 2. Approval to Revise Regular Board Meeting Schedule 9 3. Appointment of Bill Vassar to the Wilmington Regional Film Commission, Inc. 11 Board of Directors 4. Adoption of State Road Resolution 15 5. Approval to Submit Grant Application to the Criminal Justice Partnership 17 Program (CJPP) 6. Approval of a Resolution to Dispose of Surplus Property According to 19 Procedures Prescribed in Chapter 160, Article 12 7. Approval to Submit Burroughs Wellcome Fund Grant Application 25 8. Approval to Destroy Dated Financial and Correspondence Records from the 27 Register of Deeds Department 9. Approval of New Hanover County and New Hanover County Fire District 29 Collection Reports 10. Correction to Advertising Date of 2007 Delinquent Real Estate Taxes 33 11. Approval of New Hanover County Board of Education Budget Amendments 35 12. Adoption of Ordinances for Budget Amendments: 39 08-199 - Social Services 08-209 - Social Services 08-202 - Board of Elections 08-219 - Emergency Management 08-220 - Emergency Management 08-221 - Sheriffs Office 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Greer Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review meeting held on March 6, 2008 Board of E&R meeting held on March 7, 2008 Regular Session meeting held on March 10, 2008 Budget Work Session meeting held on March 13, 2008 Board of E&R meeting held on March 20, 2008 Board of E&R meeting held on March 27, 2008 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 7 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Greer Contact: Sheila Schult Item Does Not Require Review SUBJECT: Approval to Revise Regular Board Meeting Schedule BRIEF SUMMARY: The Board is requested to revise the Regular Board Meeting Schedule as follows: All evening meetings to start at 6:00 p.m. instead of 5:30 p.m. Change the meeting date of the September 15, 2008 meeting to Monday, September 22, 2008 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the revised schedule FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ 2008R egularM eetingD ale$rev. doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2008 SCHEDULE OF REGULAR MEETINGS MEETING PLACE: NEW HANOVER COUNTY COURTHOUSE 24 N. THIRD STREET, ROOM 301, WILMINGTON, NC MONDAY, January 7,2008 ......................................................... 5:30 P.M. TUESDAY, January 22,2008 ..................................................... 9:00 A.M. MONDAY, February 4,2008 .......................................................5:30 P.M. MONDAY, February 18, 2008 ........ ..... ....... ...... ........................... 9:00 AM. MONDAY, March 10, 2008 ........................................................ 1:00 P.M. MONDAY, April 7, 2008 .............................................................. 5:30 P.M. MONDAY, April 21 ,2008 ............................................................ 9:00 AM. MONDAY, May 5,2008 ............................................................... 6:00 P.M. MONDAY, May 19, 2008 ...... ...... ....... ..................... ..................... 9:00 A.M. MONDAY, June 2,2008 .............................................................. 6:00 P.M. MONDAY, June 16, 2008 ............................................................ 9:00 A.M. MONDAY, July 7,2008 ............................................................... 6:00 P.M. MONDAY, July 21,2008 .............................................................9:00 A.M. MONDAY, August 4,2008 .......................................................... 6:00 P.M. MONDAY, August 18, 2008 ...................... .... .................. ...... ...... 9:00 AM. TUESDAY, September 2,2008 ................................................... 6:00 P.M. MONDAY, September 22,2008 .................................................. 9:00 AM. MONDAY, October 6,2008 ......................................................... 6:00 P.M. MONDAY, October 20, 2008 ................................ ........... ............ 9:00 AM. MONDAY, November 10, 2008 .................................................. 1 :00 P.M. MONDAY, December 1, 2008 .....................................................6:00 P.M. MONDAY, December 15, 2008 ........ ...................................... ..... 9:00 A.M. Conference Dates NACo Legislative Conference, Washington, D.C. March 1 - 5, 2008 NACo Annual Conference, Kansas City, MO July 11 - 15,2008 NCACC Annual Conference, New Bern, NC August 21 - 24,2008 " . --- 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Greer Contact: Sheila Schult Item Does Not Require Review SUBJECT: Appointment of Bill Vassar to the Wilmington Regional Film Commission, Inc. Board of Directors BRIEF SUMMARY: Upon the recent death of Frank Capra, Jr., a vacancy exists on the Wilmington Regional Film Commission Board. It is recommended by the Board of Directors that Bill Vassar of Screen Gems Studios be appointed as the County's designee to fill the vacant seat. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Bill Vassar to the Film Commission Board. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Letters from Johnny Griffin, Wilmington Regional Film Commission ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 11 .. Ft=lX NO. : 91 El-34:::'i-34S7 "'Iar. 07 2e0EI 12:.13f:IM P2/3 FROM :WU.M.FtLM COMM rss 1 (l.l , '~TON fCI!lOJON.AJ.. FILM CO.MMIS;SION. iNC. 12~1l1l1. Jar lltlNlGi . Wl~.Jfe Ifl4Ol> 91(1-J.',$.lI_. '10-_"'. PO ~- r~F. _.Wlrrdl.,.e""'llnoIlOlll <'~rM",e.'l""~ft' t\llfl'\l'l'l"~t4N<1il1 "''AlWI\r~r. ....r...''N1a.MAoM MEMO 1>I_b\tll:llll~." ~y l~ur!lt\l.;JIlf'll> J_l. hll\,wtll P"'I.'I:: Macas, ~_ ~ ~._ _._.u~.. .'_..._ 'IU; .88VGUER 1lROM: ,.NlW aa.:FlN H: Im4IWM~AmMN'1'MENT As you lU1i'awatc, Frank C'~. Jr. wid! ~ Gems SlW1if)~ IIIrved on Ule Boardtjf Pll"OCltlI'lI (~f the W,j~n;legIOlllll ~;ilm C(l1J1'~Q, 1m:.from itll' inception umit i1~ death in Deoembor 2007. '(!he re'#lllinlnJ 'board Illlolmbernu14MtImd'thf vAb.<<: that was bmusht to dltl Cummi8llionby bavlns A bnard ~ _ ScrecrI GclUll 8mdio~ wb<<:b,pia~ .i4QCh a'valuable rolo in t1\e II\1<<lOll!\ (If,tI~ 100111 and. _wide film iudlHtq. 11lorel't:n, ~ Commission'" bow desitell III haw DiU VlISSllI' with SC1'eenOetml smdios ~inted wtbe C(l~'~ lmIri. Bill'. biD itl1lttaehed for yo1l!'-refemKlCl. .. .... ,.>,............:::. ,..y;:>...."..',.;,.......-........::.... .>..',.:..:c:,......:...................,),...: '". ...,.'..'..".....'..:............',.: >.'............'.....'...:. .....:.:...':'......:".....:..... ..' ~ eO~\fia nino ~bC.ft liffieial,~u(lelt"r. bebaJf of the Commialll(ln'lI board m . that New ~erQ1l.mtY :appOmtRiU V._ ~ ~me' the C(1'unty~1I designee to the'~ of tiw WilrfiiQglon ,.~.'ffm~UtJ. .. ..,~,.".it~,~ .. "'" +"" ""07''''' ," -.1'r<"'"!j;J.:_'0'-~/r,":?.~~?::t':.; .... '''-- .........'.., If th~1'e i. addidooal inforllWion or 1l~'Mn l'lIgUited, p_e ~t me. MiJmber of: .. ' , A F]::I ~ .""....,~,, ". .,' . . . _____,.I~__':.!.I,~;:lr:".."I_f'H.I.!:j.J.;:. ,"'t!"rt"''''l.'''''''n' 12 . FROM :WlL.M.FILM COMMI$S[!:t' FAX NO. :910-343-3457 Mar. 07 2e€I8 12: 131=lM P3/3 , fiU V@@.W" ~I V"MNPlilld sue $c/MJIlG"",, ,'0 ~,l!I9J" Vice ~ftt.' ~n>_""'WT~: NielriltlllrttlPONilifllflu iridlJded tM ~h=':Ii_UGtIli",U.:ef1_~_~,'~~ ' ,', r......P..iVlMf. ,"'irrN_(ol1c:~. :Hlld,~~ll",J:'nl\Ilda ,n *'~~IJl.__i'JBOfifOr1liP~a~~~lftirUgti.~ TM ~,'V~ f..QlI~YIIl,..,tnebome.of..."tle~~smw.. 9__:;mli:lilWi $~~i.IICWmeCl.;t)j$'own~~logv ~, 't$t ~'a,l-V i"niI~lorof iw;,aCtion ~_'_;PI'Otb,~QtlQn that ,....,iJlil..~~.lf8!YltJtjor ~aid apo/l1J~. :IllI worked 0I'I.~=1cJr~~_ fQl!Ultll!d in1he=ly:Emmy A~for tI1e du)JA_ " .. Wtwrllef. <...:.... .. ........ :'...... :.....;. n_:tnal'llJ8danasupervi_;fOdW\iOns fOr majOr.. 900J),li!I'!ie$ lqpr~~~ml)tfnl,.'8lV. FQx. Att,I)ISQey,t'lBO,U(,tirrle "~8ion, The fi:9IJd 1lI~ ami NI~.Hen.ge.:hi$_.I'HlaJ'(* In 1DS. at NBC New~woiklngOl'l the _It-up of t\eQrlQlna1 "COsBy $how." In~()2, the Qoone)'famnV. OWIWf1l of~ ~ Genls,f?ltlmotGd SiIUo th$ oo~flo$ltiOrl Of~w Vlofl'iHldent of ~I'le P@'!'lt ~~ At ~t --~""~1bt1flif~i:maldMghh~f EVE S-"GIiln.~~nWtlrnl_n Whl19ftedOntlnuBd 10 I\ln'\tJe oompany's ,-,..,. ",~.t~~~~~!4,~!!OJ!'u ",' "':"i"-"~"':"" '~, ' BIII~.~..on_IiIHl'dofGovernorsof1he*ilmal Aclid.myOf Television Arts and ~noes. For thf31ut fIVe yeCill'$, Sill has beef! WOIking with f'QJ11'.eTtMlHbalhllllmMissloner .Fay Vincent and the Baseball +tall Of Fame on the , DralJ:f/s'tO/yof.IlaMba11. ' Bill began his media career as a l'QCk and roll OJ at the age of 16. He worked on the alr .and held-mtanagement1JC$ition&'for-over to yeers at variOus radIO stations In New Haven, Hartfo~ and 8oston. In 2006, after four years of splitting his time between New York and Wilmington, Bill gave up the weekly commute between New York and North CaroNna. He and his wife Emily along with their sons Joe and luk.e moved to Wilmington. This has allowed for more ana better fami4' time and allowed Bill to tbcus on the growth of the production studio In Wilmington. 3/5/08 13 This page intentionally left blank. 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 4 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult, Clerk to the Board Contact: Sheila L. Schult, Clerk to the Board Item Does Not Require Review SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of these roads and requesting the Board to adopt a resolution in support of adding the roads: Peppercorn, Mascot, Wooler, Whitney and Powder Keg Courts, Brittany Lakes, Iota, Valor, Woodhall, Whitney Drive, Newbury Way, Courtney Pines Road, and Torchwood Boulevard in Whitney Pines Subdivision Sections 2, 3, 5, and 7 in New Hanover County (Div. File No: 1120-N). RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ -, .....kbM: NCDOT Requesl LeUer.pdf ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 15 STATE OF NORTII CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GoVERNOR SECRETARY March 7 2008 ~1E(c;IUWIE~ Ms, Sheila Schult, Clerk to the Board . . \ MAR 1 J 1008_\~ . - ~ ---New Hanover Count)'Boara orcomnlissiOiiers -.- --- 230 Government Center Dnve, SUlte 175 Wilmmgton, NC 28403 Nf.W HANOVER CO BO or COM ~1.;SION RS Subject Proposed Addition to the State System of Highways Dear Ms Schult Tins office IS consldenng the additIOn of Peppercorn, Mascot, Wooler Wlntney and Powder Keg Courts, Bnttany Lakes, Iota, Valor Woodhall, Wlntney Dnves, Newbury Way Courtney pmes Road, and Torchwood Boulevard roads lD Whitney Pmes SubdIVIsIon SectIons 2, 3 5 and 7 (DlV File No 1120-N) to the state system. After the Board s consIderatIon please furmsh'tlns office WIth the current county resolutIon and offiCIal road names for our further handlIng. Ifwe may be offurther aSSIstance, please call John Dlaz at 910 251 2655 ~wrP -- --. -....~---~ Anthony Law Dlstnct Engmeer AWL Jdd i .1"- -I 300 DIV1S10n Dnve, Wilrnmgton, N C 28401 Tel. (910) 251 2655 F (910) 251 2759 .-,.,........-- 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 5 Estimated Time: Page Number: Department: County Manager Presenter: Janet Coleman, CJPB Chairman Contact: Chris Coudriet, Assistant County Manager SUBJECT: Approval to Submit Grant Application to the Criminal Justice Partnership Program (CJPP) BRIEF SUMMARY: The Criminal Justice Partnership Board (CJPB) voted to request approval to submit an application to the Department of Corrections Criminal Justice Partnership Program for funding of the local Day Sentencing Program at their March 28, 2008 meeting. Grant funding in the amount of $152,751 is provided annually to support the cost of operating the Day Sentencing Program. There is no County match. The Day Sentencing Program is operated via a contract with Coastal Horizons. It is designed to reduce recidivism rates, reduce the number of probation revocations, reduce alcoholism and other drug dependencies among offenders, and reduce the cost of incarceration. The program provides judges an intermediate sentencing option for those sentenced to lesser crimes, saving valuable prison space for dangerous felons. The caseload for this program is 110. The CJPP has extended the March 31 deadline until after the Board's April 7, 2008 meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission of grant application in the amount of $152,751 for FY08-09 and accept the grant if awarded. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: Grant funds in the amount of $152,751 will be included in the FY08-09 budget process. ATTACHMENTS: ~ ......., CJPP 2WB-2Gt:'S.dos REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 17 CJPP Budget Summary Page 1 01 1 Criminal Justice Partnership Program FY 2009 Budget Summary Due in the CJPP Office by March 31, 2008 County: New Hanover Grant Number: 65-0708-I-A o County Operations Ijf Contractual Service Contact Person: Cbris Coudriet FY 2007 - 2008 Grant Award 152,751.00 Phone: 910-798-7124 FY 2008 - 2009 Grant Award 152,751.00 Fax: 910-798-4027 Email: ccoudriet@nbcgov.com M.__ I Budgeted Amounts (FY 2007 - 2008) I Expenditure Amounts (FY I I 2007 - 2008) [A] 18] Ic] IDl IE] Budget Budgeted July 1, Budgeted Dec 31, 2007 Actual Estimated Total Budgeted for Category 2007 (Column (A] from July Report + Expenditures Expenditures FY 2008 - 2009 and Code (From Column (A) Column (H) from July tbrougb Througb Dee 31, (July 1, 2007 from July Report) December reports) 2007 Througb June 30, 2008) Personnel I 84,653.0011 84,653.0011 56,324.4411 0.0011 92,849.001 536502 1 Travel 1 600.0011 600.0011 24.4011 0.0011 0.001 536502 2 Contractnal I 55,000.0011 55,000.0011 23,300.0011 0.0011 54,80 1.001 536502 3 Operating I 12,498.0011 12,498.0011 9,164.5811 0.001/ 5,101.001 536502 4 Equipment I 0.0011 0.0011 0.0011 0.0011 0.001 536502 5 Construction I 0.0011 0.0011 0.0011 0.0011 0.001 536502 6 Un allocated 1 0.0011 0.0011 0.0011 0.0011 0.001 536502 7 I Totals I 152,751.00 152,751.00 88,813.00 I 0.001 152,751.00 (To Match Column (AI Totol) (To Match FY 2008. (To Mat"" FY 2007.2008 (Should mlllck [01 from 2009 Grant Aword) Grant Award) Docembei Reoort) -"'- .............--.--....--,...,.., ,.---.-. I certify that this infonnalion is correct, based on the grantee county's accounting system and records, consistently applied and maintained. Expenditures shown have been made for the purpose of and in accordance with the approved budget and applicable grant conditions and requirements. Appropriate documentation to support all expenditures is available for inspection. Signature of Program Director Dale SignatUre of County Manager, Date Official Designee, or Fiscal Officer NOTE: Not needed if services are fully contracted with service provider. RcJ!..!rn to FormSclcction l'age hfu"II""", rlo" <:t"t.. Tl"l1<:lsmn~/C:.TPPFiscaIlC.TPPFiscalController?ACTTON=SaveFonn 3/24/200R 18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 6 Estimated Time: Page Number: Department: Finance Presenter: Avril Pinder, Finance Director Contact: Lena Butler, Purchasing Agent SUBJECT: Approval of a Resolution to Dispose of Surplus Property According to Procedures Prescribed in Chapter 160, Article 12 BRIEF SUMMARY: Chapter 160A-Article 12 of the General Statutes governs the sale and disposition of property. Currently, the County has certain items of personal property that are surplus and are being stored in the County's warehouse on Division Drive. Staff proposes to dispose of the personal property according to the procedures prescribed in Chapter 160A-270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service. Staff proposes to utilize the services of GovDeals, an online Internet based provider servicing government entities. If items do not sell using GovDeals, staff proposes to dispose of the property by any other method authorized by the Statutes. RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing its disposal electronically using GovDeals or any other means authorized by the Statutes. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ . '- "...... : ~ :'.~~:';: ..- . Re$Qlution ~-7{jg.dQS Surplu$ Auclion Li$t 4.7.08.~1$ REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 19 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County has certain items of personal property that are surplus and are being stored in the County's warehouse on Division Drive; and WHEREAS, the items to be disposed of are listed and submitted as an attachment to this resolution; and WHEREAS, staff proposes to dispose of the personal property according to the procedures prescribed in Chapter 160A - 270( c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, staff proposes to utilize the services of GovDeals, an online Internet based provider servicing government entities; and WHEREAS, items not sold using GovDeals, may be disposed of using any other method authorized in the Statutes. NOW, THEREFORE, BE IT RESOLVED by the New Hanover COlmty Board of Commissioners that the Finance Director's designated representative, pursuantto the provisions ofG.S. 160A-270(c), is hereby authorized to dispose of the personal property as listed electronically using GovDeals and any property not sold using Gov Deals may be disposed of using any other method authorized by the Statutes, and that said representative be further authorized and directed to execute necessary documents, transfer title, add/delete items from the surplus list, and perform all necessary functions associated with this disposal. ADOPTED this the J'h day of April, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila 1. Schult, Clerk to the Board 20 SURPLUS AUCTION LIST APRIL 7, 2008 AUCTION i -NUMBER FA# "..-n, ^' ... ~~, I DESCRIPTION ...- ....... 1 IDA's :hair 2 IDA's :hair 3 IDA's :hair ~ . ... I ~~~ - ~~~:~ 6 DA's :hair 7 DA's :hair 8 DA's :hair 9 DA's Chair 10 Health Dept Desk 11 - Health Dept Desk 12 Health Dept Desk 13 Health Dept Desk --~ 14 .~.... r'\ont Copier 15 Animal Control Printer 16 S'I V'tO't'L .~.... noni I Copier 17 , r '-"', '" .,... r\Qni Wheelprinter 18 l-lo<:>lth noni Chair 19 Health Dept Chair-- 20 .. Health Dept I Chair 21 Finance Computer Desk --------- ---- -- -------------~~~-----~--- ~----~-------- - ~- I=---~-~---- 22 Finance Table 23 Finance Desk 24 Finance--I Return -~--- --- --- ------ -.---- - -.. --------~-- -~f_-----.~ 25 Finance ITable Top ------r--- -~-^-~ 26 Finance I Pedestal 27 Finance Pedestal 1- 28 .. ... ":;",,;,;;:,, LJ'\J~ I Desk 29 I Health Dept Monitor --.. .- ----- ._..._~ 30 Health Dept Printer 31 I Health Dept Printer 32 I Health Dept Printer 33 I Health Dept Printer 34 I Health Dept Hard Drive 35 I Health Dept ~c; - .. .;;JU I Health Dept Laser ....III1l\:, 37 I Health Dept Adding 38 I Health Dept I aOle ~9 I DSS iChair 40 I DSS Chair 41 DSS Chair 42 i DSS Chair 43m - I Fire Serv Sofa 44-------~--~ Fire Serv- Love Seat 45 Program Support Computer Desk _~m __ __ .. ____ ~_mmm_.__ 46 Program Support Workstation 47 .-- -- -. -- . Health-Depf--- --- --Ifable~--~-- .- ---- --~._-------- -. ' 48 Health Dept Printer 49 Health Dept Printer 21 SURPLUS AUCTION LIST APRIL 7, 2008 50 Health Dept Printer -- 51! Health Dept Printer ~- Health Dept Copier 53 Health Dept Printer -.--.- _ _ ---- -----.--.----.--.--.-. 54 Health Dept Rolling Cart 55 f:l13_~I!~_[)eet Lamp 56 Sher Ofc Monitor ----- ---.-. 57 ;her Ofc Monitor -.---.- .-. 58 ;her Ofc Monitor 59 )SS TV 60 v-'vv vvvv )SS VCR ------- -- . -- - --_.__.._------_.~----- 61 A525441_ DSS Projector 62 __ ___ __. __~ty Mgr Ofc Microwave 63 EH08315 Hum Res Laminator 64 Health bept -- ---------Chalr.. .....--- --- 65 Hum Res Chair -----=-- _ -- -_.. 66 Hum Res Chair 67 Hum Res Chair 68 Hum Res ,Chair 69 DA's Desk 70 DA's Chair 71 DA's Chair 72 DA's Bookcase 73 DSS Chair 74 .-. I DSS Chair 75 DSS Chair 76, DSS Chair 77 :S' Chair 78 :s Chair 79 )~:S Chair 80 I DSS Chair 81 DSS Conference Table -82 i.- Tax File Cabinet - --- ----- 83 13345 Tax Plotter 84 Tax Book Case 1-------=-:::- - ---- 85 Tax Microfiche f------- --.-...-------------- 86 _ _ Tax Fax Machine 87 ITax Chair 88 Tax Chair- 89 -. Tax Chair 90 9560 ax Printer 91 I . ax Printer 92 ! Tax Printer 93 I Tax Printer 94 I Health Dept Printer ~_5 Health Dept Printer 96 Health Dept I Chair __ 97 Health DeEL_________ _ _ _jg~air _ _______ 98 I Health Dept 'Brouchure Rack 99 Health Dept Desk -- ------ .--- 100 I Health Dept Television 101 I Health Dept VCR 22 SURPLUS AUCTION LIST APRIL 7, 2008 102 ! Health Dept TV Stand 103 ! I Heal1h Dept i Stool 104 I Health Dept " ~JW'~'_ 105 I i Heal1:h Dept --106 Hea 1 )ept TV Stand 107 Hea 1 )ept I V/VI,.,t<. Combo __~? Hea h )ept ne{ T09 Health Dept Cart 101 i !Health Dept Cart 11 Health Dep: Chair ._ 11: I Health Dep: Chair 113 I Health Dep: Chair 114 i Health Dept Chair 115 i Health Dept Table 116 i Health Dept ITable 117 Health Dept I 'V'VI IILV' 118 DSS Chair 119 DSS Chair 120 DSS Chair---. -.-121 DSS Chair 122 DSS I Chair 123 DSS Modem __ . 124 - DSS 125 DSS Chair 126 DSS ;hair .... 127 DSS Chair 128 DS~ I Chair 129 H_ DSS Chair 130 I DSS Chair______ 131 i..i';""lth ri';l"It I;;;;; 132 TVNCR Combo 133 Health Dept Chair 134 Health Dept I Chair 135 Health Dept i 13" TV --136--- IT IChair 137 IT Chair 138 IT i Chair 139 IT iChair 140 IT Chair ---------- ....-- 141 DSS VCR 142 DSS iVCR 142 DSS IVCR 143 lOSS iVCR 144 lOSS VCR 145 15602 8025898 Hugh Macrae Pk Hustler Mower__ 146 10746 504030700 Hugh Macrae Pk Bobcat 642B 147_~~65 80971 Hugh Macrae Pk Toro-Mower 322...D _ -~~ 148 4872 11843 Hugh Macrae Pk I Kubota L245H 149 15600 97063427 Hugh Macrae Pk Hustler Mower 3400 +-.-...- ! ._.....~- .~ ...~~.._......~~_...~~~~MM....~..~__..__..._..................................--. - --------- t -..-~----.._.._. 150 i 15599! 77063429lHughMacraePk 'Hustler Mower 3400 =-=I~r-~- I5~6Jr -- .. ..... 99073645 [Rugh Macrae Pk . Hustler Mower 3400 152 T 80899471 HUQh Macrae Pk ,Bac Pac 23 SURPLUS AUCTION LIST APRIL 7, 2008 153 I 18170.2FAFP71W2XX238645 ~Ofe 1999 Ford Crown Vie 154 I 1205111GCFK24H4RE221715 ~~:~~fc'ant ___ __ --..- L~~EChevroletTruck 155 , --- 1847711 F AFP42X93F33992 2003 Ford Mustang I n._._.. 156 I 15945 2FAFP71E1YX142782 i Sher Gfe 2000 Ford Crown Vie I ---------- ..-.. r Health Dept 157 Chair ----.-- .-------------- 158 I I Health Deot IChair 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 7 Estimated Time: Page Number: Department: Museum Presenter: Ruth Haas Contact: Ruth Haas SUBJECT: Approval to Submit Burroughs Wellcome Fund Grant Application BRIEF SUMMARY: Cape Fear Museum is seeking a Burroughs Wellcome Fund Student Science Enrichment Program grant of $60,000 annually for three years or a total of $180,000. If awarded, 1/3 of the grant will support wages for temporary/PT education staff each year. Most of the funds will be used to purchase scientific equipment and supplies that will allow the Museum to offer higher level science enrichment programs to elementary school students. Funds also will be used to recruit program participants and evaluate results. The science programs will be offered as a next step of strengthening successful weekend programs in the Museum Learning Center and StarLab. An important component of the program is developing a Science Advisory Council with representatives of local industry. The Council will assist the Museum to identify the science that is most relevant for our region and also to help recruit volunteers who can participate in teaching science to students. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission of three-year Burroughs Wellcome Fund grant for $180,000 by Cape Fear Museum. FUNDING SOURCE: Will above action result in: Position(s) Modification Or Change Number of Positions: Explanation: One-third of funds will be used to extend hours of part-time/temporary staff members. There will be no change in full-time positions as a result of the grant. There is no match required for this grant. There is no requirement for continued funding beyond the three-year period. ATTACHMENTS: ~ . ~.,^,... 8 W31 Burro'Jghs 'Nei:come SSEP Budgetxl", REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 25 Burroughs Wellcome Fund - Student Science Enrichment Program Budget EXPENSE CATEGORY YEAR 1 YEAR 2 YEAR 3 Personnel Expenses 3% increase 3% increase Staff facilitator - 10 h r/wk @ $15 $7,800 Staff instructor 10 hr/wk @ $17.60 $9,152 FICA 1,297 $18,249 $18,797 $19,361 Stipends 12 sessions @ $100 1,200 1,200 1,200 Instructional Supplies Year 1: laptop comperters; compound microscopes; Scope-on-a-Rope wi flat screen television; biological specimens; Magical planet $30,000 $30,000 $29,000 Evaluation Work with UNCW School of Ed $7,000 $7,000 $7,000 Other Advertising I recruitment $3,551 $3,003 $3,439 TOTAL $60,000 $60,000 $60,000 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 8 Estimated Time: Page Number: Department: Register Of Deeds Presenter: Jennifer Hardison Contact: Jennifer Hardison, Administrative Support Specialist Item Does Not Require Review SUBJECT: Approval to Destroy Dated Financial and Correspondence Records from the Register of Deeds Department BRIEF SUMMARY: Staff requests permission to allow Wilmington Records Center to incinerate 47 boxes and Property Management to incinerate 21 boxes of financial records that have been stored on their sites respectively which have been designated for destruction according to the North Carolina Department of Cultural Resources, Office of Archives and History Division of Historical Resources, Archives and Records Section, and Government Records Branch Retention and Disposition Schedule. These items are daily receipts, copies of checks, daily deposit slips and correspondence forms from the Vital Records department. An inventory of items destroyed is maintained by the Register of Deeds department. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval to destroy 68 boxes of outdated records by incineration. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 27 This page intentionally left blank. 28 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 9 Estimated Time: Page Number: Department: TAX Presenter: Michelle Harrell Contact: Michelle Harrell Item Does Not Require Review SUBJECT: Approval of New Hanover County and New Hanover County Fire District Collection Reports BRIEF SUMMARY: Collection reports through February 29, 2008 are submitted for the Board's approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 29 ,---,>\}' NEW HANOVER COUNTY TAX COLLECTIONS fita ;\ COLLECTIONS THRU 2/29/2008 03/26/2008 t';'\ "">,,:',! i, : "" :ii i/i 4:59:54PM \...., \ -,.-\ ' :.; \"~'~ .,' . '. . ,---~ -":,.,, CURRENT TAX YEAR AD VALOREM MOTOR VEHICLE ORIGINAL TAX LEVY PER SCROLL 131,348,529.46 6,701,498.14 DISCOVERIES ADDED 4,099,015.56 0.00 ADJUSTMENTS/ABATEMENTS -4,621.908.50 -98,008.47 TOTAL TAXES CHARGED 130,825,636.52 6,603,489,67 LISTING PENAL TIES CHARGED 89,276.80 0.00 TOTAL LEVY 130,914,913.32 6,603,489.67 COLLECTIONS TO DATE 125.614,146.32 5,381 ,584.65 OUTSTANDING BALANCE 5,300,767.00 1,221,905.02 PERCENTAGE COLLECTED (%) 95.95 81.50 BACK TAXES REAL ESTATE AND PERSONAL PROPERTY 4,990,387.18 CHARGES ADDED 0.00 ADJUSTMENTS/ABATEMENTS -101,992.86 TOTAL TAXES DUE 4,888,394.32 COLLECTIONS TO DATE 1 ,555,532.21 OUTSTANDING BALANCE 3,332,862.11 PERCENTAGE COLLECTED (%) 31.82 This month Fiscal YTO ROOM OCCUPANCY TAX COLLECTIONS 279,457.50 5,889,622.92 RENTAL VEHICLE TAX COLLECTIONS 23,008.89 246,213.92 PRIVILEGE LICENSE COLLECTIONS 552.50 19,182.77 THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2007 RESPECTFULLY SUBMITTED ~ MICHELLE O. HARRELL COLLECTOR OF REVENUE 30 ~'ft' NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 2/29/2008 , , I' 03/26/2008 < \ - ""<\, ?f 4:59:54PM , , " . / , , .,,;.::..;:...,.. - CURRENT TAX YEAR AD VALOREM MOTOR VEHICLE ORIGINAL TAX LEVY PER SCROLL 5,729,610.31 316,710.49 DISCOVERIES ADDED 123,045.52 0.00 ADJUSTMENTS/ABATEMENTS -192,910.57 -4 .459.43 TOTAL TAXES CHARGED 5,659,745,26 312,251.06 LISTING PENAL TIES CHARGED 3,801,59 0.00 TOTAL LEVY 5,663,546.85 312,251,06 COLLECTIONS TO DATE 5.423,874.67 257,738.52 OUTSTANDING BALANCE 239,672.18 54,512,54 PERCENTAGE COLLECTED (%) 95.77 82.54 BACK TAXES REAL ESTATE AND PERSONAL PROPERTY 159,595.07 CHARGES ADDED 0.00 ADJUSTMENTS/ABATEMENTS -5,364.01 TOTAL TAXES DUE 154,231.06 COLLECTIONS TO DATE 56.157.10 OUTSTANDING BALANCE 98,073,96 PERCENTAGE COLLECTED (%) 36.41 THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2007 RESPECTFULLY SUBMITTED ~l\J~ MICHELLE D. HARRELL COLLECTOR OF REVENUE 31 This page intentionally left blank. 32 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 10 Estimated Time: Page Number: Department: TAX Presenter: Michelle Harrell Contact: Michelle Harrell Item Does Not Require Review SUBJECT: Correction to Advertising Date of 2007 Delinquent Real Estate Taxes BRIEF SUMMARY: At the February 18, 2008 meeting, the Board approved the advertisement of tax liens on April 2, 2008. According to NCGS 105-369 the advertisement shall be made during the period of March1 through June 30. All the necessary requirements to advertise the liens on April 2 have not been met, therefore, staff is requesting that the Board approve the advertisement be done in the mandated period and not a specific date. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the advertisement of tax liens to be published in the local paper for the delinquent 2007 real estate accounts during the mandated period and not a specific date. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 33 This page intentionally left blank. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 11 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Approval of New Hanover County Board of Education Budget Amendments BRIEF SUMMARY: Please find attached for your review and approval: 1) Board of Education Capital Outlay Fund Amendment #5, which transfers $187,990 from the existing capital project funds to the New Hanover High School Tennis Courts Capital Project funds. 2) Board of Education Capital Outlay Fund Amendment #6, which transfers $1,043,690 for water and sewer improvements for the Northern Site Land Purchase. The County's share of this improvement was approved by the County Commissioners on March 10, 2008. The amendment also budgets sales tax fund receipts of $160,000 for the New Hanover High School Field House renovations. No additional County funding is required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve New Hanover County Board of Education Capital Outlay Fund Amendments #5 and #6. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: Board of Education Budget Amendments REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 35 Addition to Appendix H Capital Outlay Fund Amendment #5 Transfer to cover excess cost of Tennis Court Project at NHHS: 4.9187.801.529.000.945.08 Mobile Classroom Relocation (187,990.00) 4.9175.801.529.352.945.08 Ground Repairs - NHHS 187,990.00 36 Revised Capital Outlay Fund Amendment #6 Transfer from Bond Contingency for Northern Site Land Purchase and Water and Sewer Improvements : 4.9900.820699000.945 Bond Contingency (1,125,833.00) 4.9110.820.511.000.945 Land Acquisition 82,143.00 4.9110.820.531.000.945 Site Improvements 1,043,690.00 To set up budget for NHHS Field House from current year Sales Tax Refund: 4.9189.801.529.000945.08 NHHS Field House Renovations 160,000.00 4.8100.801.472.000 Sales Tax Refund (160,000.00) 37 This page intentionally left blank. 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Consent Item #: 12 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin 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, 2008. 08-199 - Social Services 08-209 - Social Services 08-202 - Board of Elections 08-219 - Emergency Management 08-220 - Emergency Management 08-221 - Sheriff's Office RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of ordinances for the budget amendments listed in the summary above. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008. ATTACHMENTS: ~ ~ ~ ~ ~ DB- 1 9S J.-1::.DS,dos DB-X--!j J.-25--JS.dos DB-2v2 J.- 10-0S.dos DB-215" J-2-5-DS.dos DB- 22v J- 2-5 .DS, dos ~ DB-221 J-2E.03.dac REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 39 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-199 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-199 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS/Child Day Care Exnenditure: Decrease Increase Child Dav Care: Dav Care Services $31,513 Total $31,513 Revenue: Decrease Increase Child Day Care: Operating Grants & Contributions - Fed/State $31,513 Total $31,513 Section 2: Explanation To budget additional Federal and State funds received for the child day care program. The additional revenue will be used to help fund services for currently enrolled children. No children will be pulled from the waitlist. As of 3/1/08, there were 367 children on the waiting list. 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 08-199 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 40 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-209 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-209 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS/Child Day Care Exnenditure: Decrease Increase Child Dav Care: Smart Start Child Dav Care Services $15,091 Total $15,091 Revenue: Decrease Increase Child Day Care: Smart Start Operating Grants & Contrib.- Fed/State $15,091 Total $15,091 Section 2: Explanation To budget additional Federal and State funds received for the Smart Start child day care program. The additional revenue will be used to help fund services for currently enrolled children. No children will be pulled from the waitlist. As of 3/1/08, there were 367 children on the waiting list. 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 08-209 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 41 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-202 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-202 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Board of Elections Exnenditure: Decrease Increase Capital Outlay - Equipment $132,000 Total $132,000 Revenue: Decrease Increase HA V A Grant $132,000 Total $132,000 Section 2: Explanation This budget amendment will reduce the budget for the Board of Elections because they were notified that this grant has been cancelled. The grant was to have paid for the state-developed electronic access system (EASY) option as the Electronic Records Access at the Polling Place (ERAPP) method. Because the State's IT staff was pulled from this project, the grant was cancelled. 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 08-202 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 42 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-219 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-219 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Emergency Management/Emergency Management Exnenditure: Decrease Increase Emergency Management: Safety Equipment $95,000 Total $95,000 Revenue: Decrease Increase Emergency Management: NC Dept. of Crime Control & Public Safety Grant $95,000 Total $95,000 Section 2: Explanation To budget funds for a grant of $95,000 received from the North Carolina Department of Crime Control and Public Safety. The funds must be used to purchase equipment for urban search and rescue for designated first response units. No matching county funds are 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 08-219 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 43 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-220 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-220 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Emergency Management/Emergency Management Exnenditure: Decrease Increase Emergency Management: Contract Services $16,084 Total $16,084 Revenue: Decrease Increase Emergency Management: NC Dept. of Crime Control & Public Safety Grant $16,084 Total $16,084 Section 2: Explanation To budget funds for a grant of $16,084 received from the North Carolina Department of Crime Control and Public Safety to coordinate National Incident Management (NIMS) and Emergency Management Certification Training for local public safety agencies. The funds will be used to contract with Cape Fear Community College and independent instructors to provide training classes. No matching county funds are 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 08-220 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 44 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-221 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-221 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff/Uniform Patrol Exnenditure: Decrease Increase Uniform Patrol: Salaries and Wages $85,692 Social Security Taxes 6,555 Retirement - Local Government 4,190 Retirement - 401K 4,285 Medical Insurance Expense 16,026 Long Term Disability 231 Supplies - Auto 71,616 Cellular Expense 2,320 Supplies - Computer and Other 13,680 Uniforms - Purchase 12,000 Capital Outlay - Motor Vehicle 94,384 Finance: Contingencies $48,500 Total $48,500 $310,979 Revenue: Decrease Increase Uniform Patrol: Governor's Highway Safety Program Grant Funds $262,479 Total $262479 Section 2: Explanation To budget a 2008 Governor's Highway Safety Program grant award of $262,479 federal funds with local match funds of $48,500, for a total Traffic Enforcement Project of $310,979. The award letter is attached. The Board of Commissioners authorized the grant application and signed the required local governmental resolution at their meeting on March 10, 2008. Contingency funds were authorized to be used for the 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 08-221 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 45 This page intentionally left blank. 46 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of "The Week of the Young Child" Proclamation 49 5:45 p.m. 2. Consideration of "Spring Litter Sweep" Proclamation 51 5:50 p.m. 3. Consideration of "N ational County Government Week" Proclamation 53 5:55 p.m. 4. Consideration of "Sexual Assault Awareness Month" Proclamation 55 6:00 p.m. 5. Consideration of "Child Abuse Prevention Month" Proclamation 57 6:05 p.m. 6. Consideration of a Resolution in Support of Continuation of Criminal Justice 59 Partnership Program Funding 6:10 p.m. 7. Presentation: Southeastern Center Budget Deficit Update 61 6:20 p.m. 8.1 Public Hearing 63 Rezoning Request (Z-881, 3/08) - Request by Withers & Ravenel for Thomas Clifford Munn Heirs to Rezone Approximately 2.2 Acres Located off Gordon Rd (PID R03400-003-007-000) and Adjacent to Brierwood Subdivision in the Transition Land Classification from R-15 Residential to R-l 0 Residential District; the Action Would Increase Potential Density from 2.5 to 3.3 Units Per Acre 6:40 p.m. 8.2 Public Hearing 73 Text Amendment (A-370, 3/08) - Request by County Commissioners to Evaluate the Need to Change Section 59.9-1 and Eliminate State Property on the West Side of the Cape Fear River from the Eligible Area for Riverfront Mixed Use District 6:55 p.m. 9. Consideration of Additional Tax Positions for the Next Revaluation and 75 Adoption of Ordinance for Budget Amendment 08-212 7:00 p.m. 10. Consideration of Waiver of Competitive Bidding for Television Broadcasting 77 Equipment in the Commissioners Assembly Room at the Historic Courthouse and Award of Contract to Technical Video Systems, Inc. 7:05 p.m. 11. Meeting of the Water and Sewer District 81 8:00 p.m. 12. Non-Agenda Items (limit three minutes) 8:05 p.m. 13. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8: 15 p.m. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 47 This page intentionally left blank. 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 1 Estimated Time: Page Number: Department: Human Resources Presenter: Barbara Kahn, New Hanover County Smart Start Contact: Mark Boyer Item Does Not Require Review SUBJECT: Consideration of The Week of the Young Child Proclamation BRIEF SUMMARY: The designation is requested annually by New Hanover County Smart Start. Mark Boyer is working with Smart Start staff to bring a small group of preschoolers to the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ "".... . -- . \'J.,'eek do the YO'Jng Child Proslamation.dSls ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 49 NEW HANOVER COUNTY BOARD OF COMMISSIONERS THE WEEK OF THE YOUNG CHILD PROCLAMATION WHEREAS, Smart Start of New Hanover County, in conjunction with the National Association for the Education of Young Children, is celebrating "The Week of the Young Child" April 13-19, 2008; and WHEREAS, since 1997, Smart Start of New Hanover County has provided health care, family support, and access to quality and affordable child care to the 11,500+ children under age six that live in the county; and WHEREAS, 25% of children ages birth to five in New Hanover County live in single parent homes, 19% of children ages birth to five in New Hanover County live in poverty and 6% of children in New Hanover County who receive child care subsidy are enrolled in non-licensed care situations; and WHEREAS, the future of our community depends on the quality of early childhood experiences provided to young children today; and WHEREAS, high quality early childhood services represent a worthy commitment to our children's future. NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the week of April 13-19, 2008 be recognized as "The Week of the Young Child" in New Hanover County. All citizens are urged to recognize and support the needs of our young children. ADOPTED this the 7th day of April, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 50 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 2 Estimated Time: Page Number: Department: Environmental Management Presenter: Jennifer O'Keefe Contact: Jennifer O'Keefe Item Does Not Require Review SUBJECT: Consideration of Spring Litter Sweep Proclamation BRIEF SUMMARY: Each spring and fall, the North Carolina Department of Transportation encourages citizens to help clean up our roads and environment by participating in the Litter Sweep Roadside Clean Up. Adopt-A-Highway volunteers, churches, civic organizations, schools, businesses, NCDOT crews, local governments, and Department of Corrections inmates participate in this two-week long event. Keep America Beautiful of New Hanover County's Roadside Litter Pick Up Program participates in this event. Each week, court-ordered community service workers clean our roadways and the clean up performed on April 19 and 26 and May 3 will be counted in the Spring Litter Sweep with the North Carolina Department of Transportation. Anyone interested in adopting a highway or organizing a clean up may contact Ms. April Lockamy with NC DOT at 341- 0500. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ "".... . -- . Spri:"Jg Utter Sweep 2iXlS.dSls ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 51 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SPRING LITTER SWEEP 2008 PROCLAMATION WHEREAS, the North Carolina Department of Transportation organizes an annual spring statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and WHEREAS, the Spring 2008 LITTER SWEEP roadside cleanup will take place April 19 - May 3, 2008, and encourages local governments, communities, civic and professional groups, businesses, churches, schools, families, and individual citizens to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups; and WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees, Department of Correction inmates, and community service workers, local government agencies, community leaders, civic and community organizations, businesses, churches, schools, and environmentally concerned citizens conduct local cleanups during LITTER SWEEP and may receive certificates of appreciation for their participation; and WHEREAS, the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians, attracting tourists and aiding in recruitment of new industries; and WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize the importance of not littering, and encourage recycling of solid wastes; and WHEREAS, the 2008 spring cleanup will celebrate the 20th anniversary of the North Carolina Adopt-A-Highway program and its 6,000 volunteer groups that donate their labor and time year- round to keep our roadsides clean; and WHEREAS, the LITTER SWEEP cleanup will be a part of educating the children ofthis great state regarding the importance of a clean environment to the quality of life in North Carolina. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 19 - May 3, 2008 be recognized as "Spring Litter Sweep" in New Hanover County. ADOPTED this the 7th day of April, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Bruce T. Shell Contact: Bruce T. Shell, County Manager Item Does Not Require Review SUBJECT: Consideration of National County Government Week Proclamation BRIEF SUMMARY: There are 3,066 counties in the nation that provide a variety of essential public services to communities serving 300 million Americans. Counties are serious about their responsibility to protect and enhance the health, welfare and safety of their residents in sensible and cost-effective ways. Many county government services directly touch the lives of children and families. In 13 states, all or some of the counties are responsible for child welfare and foster care systems with more than 500,000 children placed in foster care, removed from their families as a result of suspected abuse or neglect. By declaring April 6 - 12 as "National County Government Week" we strive to raise public awareness and understanding about the roles and responsibilities of the nation's counties to meet the needs of the community and recognize the leadership, innovation and valuable services provided by the nation's counties, especially in the protection and welfare of children. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ -.. - CO'Jnt:.' Govemment \Veek 2WS Proslamation ,dos ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 53 NEW HANOVER COUNTYBOARD OF COMMISSIONERS PROCLAMATION NATIONAL COUNTY GOVERNMENT WEEK APRIL 6-12, 2008 PROTECTING OUR CHILDREN WHEREAS, the nation's 3,066 counties provide a variety of essential public services to communities serving 300 million Americans; and WHEREAS, counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and WHEREAS, many county government services directly touch the lives of children and families; and WHEREAS, in 13 states, all or some of the counties are responsible for child welfare and foster care systems; and WHEREAS, more than 500,000 children are in foster care, removed from their families as a result of suspected abuse or neglect; and WHEREAS, the National Association of Counties is the only national organization that represents county governments in the United States; and WHEREAS, the National Association of Counties first celebrated National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation's counties to meet the needs of the community; and WHEREAS, in recognition of the leadership, innovation and valuable service provided by the nation's counties, especially in the protection and welfare of children. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 6-12, 2008 be recognized as "National County Government Week" in New Hanover County. ADOPTED this the 7th day of April, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board .. .~,.M"",_,'_'__'_____'_ 54 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 4 Estimated Time: Page Number: Department: County Manager Presenters: Margaret Weller Stargell, President/CEO of Coastal Horizons Center, Inc. and Amy Feath, Crisis Intervention Services Director, Coastal Horizons Center Contact: Bruce T. Shell, County Manager Item Does Not Require Review SUBJECT: Consideration of Sexual Assualt Awareness Month Proclamation BRIEF SUMMARY: Jennifer Stancil, Rape Crisis Center Supervisor at Coastal Horizons Center, submitted the attached proclamation for your consideration. The following staff from Coastal Horizons Center, Inc. are present today: Margaret Weller Stargell, President/CEO Karen Chapple, Vice President of Operations Amy Feath, Crisis Intervention Services Director Shemekka Miles, RPE Coordinator Lauren Slusher, Advocate/Educator Jennifer Stancil, Supervisor RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ 5e;.:ua! ,As"'au~ .A.',;'arene$$ Month Prodamation-Co'Jnt,' 2Wg.d~s ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 55 NEW HANOVER COUNTY BOARD OF COMMISSIONERS SEXUAL ASSAULT AWARENESS MONTH PROCLAMATION WHEREAS, sexual assault affects every person in New Hanover County as a victim or survivor, or as a family member, significant other, neighbor, or co-worker of a survivor, with more than 409 rape and sexual abuse victims served in the past year; and WHEREAS, many citizens of Wilmington, North Carolina are working to provide quality services and assistance to sexual assault victims or survivors, including dedicated community volunteers, who provide crisis response on hotlines and respond to emergency departments to offer support, provide comfort and offer advocacy during forensic medical exams, criminal proceedings, and throughout the healing process; and WHEREAS, the New Hanover County Rape Crisis Center staff and volunteers are promoting prevention and awareness education by offering training to schools, churches, civic organizations, as well as professional training for medical, mental health, law enforcement, education and criminal justice personnel regarding sexual assault issues and victim response reaching more than 693 participants; and WHEREAS, it is critical to increase New Hanover County's awareness of sexual assault, to educate citizens regarding the prominent incidence of sexual violence, efforts to reduce sexual violence, increase support and cooperation between agencies providing sexual assault services, and to increase the awareness of the healing power of creative expression for victims and survivors in the community through events such as Rock Against Rape and the Sexual Offense Awareness Run; and WHEREAS, in cooperation with Child Abuse Prevention Month efforts, it is important to alert New Hanover County that of the 409 rape and sexual abuse victims served at the Rape Crisis Center last year, 119 of these victims were under the age of 18; and WHEREAS, Rape Crisis Center of Coastal Horizons Center, Inc. and the New Hanover County Sexual Assault Response Team request public support and assistance in aspiring toward a society where all women, children and men can live in peace, free from sexual violence, rape, sexual abuse and sexual exploitation in all its forms. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the month of April 2008 be recognized as "Sexual Assault Awareness Month" in New Hanover County; and BE IT FURTHER PROCLAIMED that the Board of Commissioners pledges themselves and asks our citizens, public and private, professional and volunteer, to redouble their efforts to obliterate sexual violence from our families, our neighborhoods, and our community. ADOPTED this the 7th day of April, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 56 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 5 Estimated Time: Page Number: Department: DSS Presenters: LaVaughn Nesmith, Wanda Marino Contact: LaVaughn Nesmith SUBJECT: Consideration of Child Abuse Prevention Month Proclamation BRIEF SUMMARY: April has been designated as Child Abuse Prevention Month in North Carolina. We would like for the Board of Commissioners to join Governor Michael F. Easley and other North Carolina counties in proclaiming the month of April as "Child Abuse Prevention Month." RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt proclamation. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . Child .~u$e Prevention Proclamation -D8.dos REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 57 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CHILD ABUSE PREVENTION MONTH PROCLAMATION WHEREAS, child abuse continues at near record levels across our Nation and our State; and WHEREAS, in Fiscal Year 2006-2007, there were 3,035 child abuse and neglect reports resulting in 2,218 investigations involving 3,499 children in New Hanover County; and WHEREAS, 493 children in New Hanover County were found to be abused or neglected; and WHEREAS, April 2008 has been proclaimed "Child Abuse Prevention Month" in North Carolina by Governor Michael F. Easley; and WHEREAS, beyond the family unit, the effects of child abuse are most immediately felt in neighborhoods and communities; and WHEREAS, child abuse, like other crimes and social problems, destroys the tranquility of families, neighborhoods and communities and robs children of their childhoods and neighborhoods of their vitality; and WHEREAS, the family unit is the building block of the community, and healthy families make healthy communities; and WHEREAS, the most effective solutions are local solutions and there are within our community, professionals of all disciplines and volunteers from all walks of life dedicated to the amelioration of the effects of child abuse. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 2008 be recognized as "Child Abuse Prevention Month" in New Hanover County. The Board of County Commissioners pledges themselves and asks our citizens, public and private, professional and volunteer, to redouble their efforts to obliterate the social problem of child abuse from our families, our neighborhoods and our community. ADOPTED this the ih day of April, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board """"." _ "_ ""U~~~_____ 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 6 Estimated Time: Page Number: Department: County Manager Presenter: Karen Chapple, Executive Vice President of Operations, Coastal Horizons Contact: Chris Coudriet, Assistant County Manager SUBJECT: Consideration of a Resolution in Support of Continuation of Criminal Justice Partnership Program Funding BRIEF SUMMARY: Criminal Justice Partnership Program (CJPP) funding has been removed from the State's continuation budget. New Hanover County currently receives $152,751 in CJPP funding annually. The funds are used to operate the Day Sentencing Program via contract with Coastal Horizons. The Day Sentencing Program is designed to reduce recidivism rates, reduce the number of probation revocations, reduce alcoholism and other drug dependencies among offenders, and reduce the cost of incarceration. It provides judges an intermediate sentencing option for those sentenced to lesser crimes, saving valuable prison space for dangerous felons. The caseload for this program is 110. At its business meeting Friday, March 28, 2008, members of the CJPP board introduced the resolution, and it passed unanimously. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ -.- . CJPP ResDlutiDn,dDs REVIEWED BY: LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Consider resolution. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. (revised) 59 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF CONTINUATION OF CRIMINAL JUSTICE PARTNERSHIP PROGRAM FUNDING WHEREAS, since 1995, the State of North Carolina and county governments have been partners in providing effective and necessary community supervision of adult criminal offenders; and WHEREAS, the CJPP funded program in New Hanover County is meeting the goals for the program as stated in the General Statutes; and WHEREAS, in accordance with legislative mandates, the New Hanover County CJPP local advisory board is comprised of representatives of the New Hanover County Board of Commissioners, New Hanover County Manager's Office, members of the business community, etc; and WHEREAS, the New Hanover County CJPP diligently carries out its charge of establishing and delivering competent, effective and necessary program assistance to augment community supervision of adult criminal offenders; and WHEREAS, the loss of CJPP services in New Hanover County will result in the loss in rehabilitative services for offenders and additional costs of incarceration due to higher failure rates for offenders; and WHEREAS, Criminal Justice Partnership Program (CJPP) funding has been removed from the continuation budget and is now subject to continuation review; and WHEREAS, the non-recurring status of CJPP funding and subsequent continuation review will delay the annual appropriation and may result in the loss of qualified professional personnel or county government to discontinued participation due to uncertain funding. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners strongly endorses full reinstatement of funding for Criminal Justice Partnership Program to the continuation budget. ADOPTED this the ih day of April, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 60 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 7 Estimated Time: Page Number: Department: County Manager Presenter: Dr. Arthur F. Costantini Contact: Chris Coudriet SUBJECT: Presentation: Southeastern Center Budget Deficit Update BRIEF SUMMARY: Local Management Entity (LME) representatives will present a plan to address the current year budget deficit. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear presentation. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. A motion to deny the request for additional County funding and request the State to reinstate funding was approved by a vote of 5-0. 61 This page intentionally left blank. 62 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 8.1 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Rezoning Request (Z-881, 3/08) - Request by Withers & Ravenel for Thomas Clifford Munn Heirs to Rezone Approximately 2.2 Acres located Off Gordon Road (PID R03400-003-007-000) and Adjacent to Brierwood Subdivision in the Transition land Classification from R-15 Residential to R-10 Residential District; the Action Would Increase Potential Density from 2.5 to 3.3 Units Per Acre BRIEF SUMMARY: The Planning Board voted 7-0 to recommend approval of the request. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: 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 map amendment from R-15 Residential to R-10 Residential District is (or is not): 1. Consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow an increase in density from 2.5 units per acre to 3.3 units per acre based on the availability of urban services and adjacency to existing R-10 zoning. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ mr -. ........ '-r~: . .- Z.SS1.Staff Summary. doc Z-SS' .Pelilion Summary.doc Z-SS' Applicanl malerials.pdf Z.BS1, pdf ITEM DOES NOT REQUIRE REVIEW 63 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 64 CASE: Z-881, 3/08; PETITIONER: Withers & Ravenel for Thomas Clifford Munn Heirs REQUEST: From R-15 Residential District to R-10 Residential District ACREAGE: Approximately 2.2 Acres LOCATION: 4459 Gordon Rd. (PID R03400-003-007-000) LAND CLASS: Transition PLANNING BOARD ACTION: At it's March 6, 2008 meeting, the planning board voted 7- o to recommend approval of this rezoning. No one from the public spoke on this item. STAFF SUMMARY The subject property is located in the northern portion ofthe county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is on the westernmost segment of Gordon Road, west of 1-40. Gordon Road is a collector road on the thoroughfare plan. Level of service has been rated B along this segment, meaning traffic flow is free and stable. The subject property is a landlocked parcel and currently a vacant, wooded lot. No street connectivity is available into Brierwood, so access will be through the undeveloped property to the south which was recently rezoned to R-lO. Brierwood Subdivision is also zoned R-IO. The Commercial portion of the Murrayville Station Business Park conditional district abuts on the west side. The subject property is located within the Smith Creek watershed drainage area. The property is not influenced by flood hazard. The site is in a primary or secondary recharge area for the principal aquifers. County water and sewer are in place in the vicinity. Land Use Plan Considerations: This rezoning petition proposes a change from lower density R-15 Residential with a maximum of2.5 units/acre to R-IO Residential with a maximum density of3.3 units/acre performance. High density projects would require a special use permit. Direct access to Gordon Road would be required before a project could qualifY. Rezoning action would result in the following possible density scenarios: Units (Performance) (High Density w/SUP) R-15 6 23 R-IO 7 38 Z-881 Page I of2 65 , The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Following other rezonings in the past year, this is the only remaining R-15 property in this vicinity. Based on the foregoing, this proposal would appear to be consistent with the strategies for the Transition classification. Staff recommends approval. 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 map amendment from R-15 Residential to R-l 0 Residential District is (or is not): 1. Consistent with the purposes and intent of the Transition land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow an increase in density from 2.5 units per acre to 3.3 units per acre based on the availability of urban services and adjacency to existing R -10 zoning. Z-881 Page 2 of2 66 Case: Z-881, 3/08 Petition Summary Data OwnerIPetitioner: Withers & Ravenel for Thomas Clifford Munn Heirs Existing Land Use: Vacant Zoning History: Area 8B (July 7, 1972) Land Classification: Transition Water Type: County in vicinity Sewer Type: County in vicinity Recreation Area: Ogden Park Access & Traffic Volume: Gordon Road (collector) ADT 4,799 (4/05) LOS B Fire District: Wrightsboro VFD Watershed & Water Ouality Classification: Smith Creek Watershed; C(SW) Aquifer Recharge Area: Primary or Secondary Recharge area of the principal aquifers ConservationlHistoric/Archaeological Resources: None Soils: Se- Seagate fine sand; Be-Baymeade fine sand Septic Suitability: Class II - moderate limitations Schools: Blount Elementary 67 ~ "'d "ri) 0::" '" 15. 00 ~ '" -gi '0 "" E 8 h c N ,;j II ~ .n j lfJD ~8. w u oil'Gli ~ ':"l!~ ~'cil \1", ~'" 'I ......tl:'a::: ~~i~ ~..~ ~a~ co'" l? e Lp..~;3~%:t o E8~ r ~u IU~ M :5~ " "'jO"''' :H", :w S".,lIill <'>lIi ~~rc~ +. $....$~~11;;; .. I~H~~iH~ co '".2 II . Cljl. 0"= ~ 0"'10 .... if; N&.3i ul u(jj"~!!! U U..J:>;5 ~,.~li;!,.1!u 68 APPLICANT MATERIALS 69 WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your request satisfies each of the following requirements: (Fill in Below or attach additional pages). 1. How would the requested change be consistent with the County's Policies for Growth and Development? The policies for growth and development encourage safe and affordable housing to be available to every citizen. Rezoning this property for a slightly higher-density of residential development would be consistent with the concept of transitioning uses, and in-filling vacant parcels where existing utilities can readily be extended and urban services are available. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The CAMA Land Use Plan identifies these tracts as being in a Transition Land Classification. The intent of this classification is provide lands for future intensive urban development that are, or will be provided with necessary urban services. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Development of the Murrayville area has been active in the past several years. The adjacent subdivision of Brierwood is zoned R-10. Sanitary sewer mains have been constructed along Gordon Road, providing service from a public system, where previously the only option was individual septic systems. Public water is also available, The property is near the highway interchange for easy access to major transportation corridors into, and out of, the City. 4. How will this change of zoning serve the public interest? Infill of vacant properties with services and transition of uses in developed areas are important strategies to quell the inherent problems of the past urban sprawl. In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand the singling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. c;~~ Wo \.\. Print Name Page 2 of2 ZMA-02/07 70 a ~ <;> ~5 <l: li ~ \ ic ~~ _J ~ij .;si :a6 00" H ...., I (fiN r: ~ d:) L 0 'c\U..,g "U 13 '" ~g .~ _N L H I~ .E1Il- (5 a '"U~ ....LO <;:> die on :.="~ N L , o ~ ..., L "U::I ~ 1i ::> o is .- \ C III - ~z::Q o E . ... ..c:: E::>~ >- x .Er:n ~ ll.l \ I- 5 5! c '''~~'' 1 '"U \1 0 A?>,!>,r:,A' g " L ~ ~ \ ';. 1'!>' AfJ'?>'" v.\ z li .... o:rd3 l"l I 5g- '" 0 G ~ l 0> ~ OJ ",- .- is'" N -' 15 Q..... I ~ Q! .Y ... C It-- 2 I ~ (J .~ .~ "I in 3lS~ ~ '.~ j a.nl&f ~I ~ \1,g~~5U oj' II 5N ~ "'t a Ci l"') 0::: z """~ \. N "'t~ g I- ~l ~ .'::! (T'tO '0:'" <( J :hrO ... III L \ 1) ~;;;!!; ~ ~tl: j ::;) --' N <<l CL .. \ coJ") '0 ~o.' I ~ :(d \ I 'KJei I\)N ~()t::>'Q I\)<J-.!l l4>) I ~ 1Il~ ~ // If) ..... .- U ,.... \ c is r: d:) L I r-- .J . 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Id~ :E:~ ...~ -~ $Z w 71 This page intentionally left blank. 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 8.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Text Amendment (A-370, 3/08) - Request by County Commissioners to Evaluate the Need to Change Section 59.9-1 and Eliminate State Property on the West Side of the Cape Fear River from the Eligible Area for Riverfront Mixed Use District BRIEF SUMMARY: The Planning Board voted 7-0 to recommend leaving the language as is in the ordinance. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: None FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ,...'''' . -- - co .A,-37J-RFMU,doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing, no action was taken. 73 A.370 Page 1 of 1 CASE: A-370, 3/08 Applicant: Commissioner Request REQUEST: Discuss Zoning Text Amendment for Sections 59.9-1 Riverfront Mixed Use District BACKGROUND: During the Land Use Plan amendment hearing which created an exception to density limits in the floodplain for RFMU projects, public comment from the Cape Fear Riverkeeper questioned the wisdom of increasing density in sensitive areas along the river at the confluence ofthe Cape Fear and NE Cape Fear Rivers. The Commissioners asked the Planning Board to take a look at the eligible areas to determine if the State-owned property should be removed from eligibility in order to better preserve the habitat areas in that vicinity. PLANNING BOARD ACTION: At its March 6, 2008 meeting, the Planning Board discussed this item from a variety of viewpoints. The major points raised were (1) The State is not bound by local rules anyway; (2) If the property changed to private hands, it would be zoned B-2 and could be developed for a variety of uses by right and several others by special use; and (3) If the property changed to private hands, it might be preferable to allow it to be developed under the RFMU standards rather than the B-2 standards. Having considered these points, the Board felt the existing language did not need to be changed at this time, and by a vote of7-0, they recommend leaving the language as is. In a subsequent motion, the Board directed staffto explore and draft language for a potential Conservation Zoning District, which could be utilized in environmentally sensitive areas like this one so that highly valued areas might be better protected from development pressures. ACTION NEEDED: None 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 9 Estimated Time: Page Number: Department: TAX Presenter: Avril Pinder Contact: Avril Pinder SUBJECT: Consideration of Additional Tax Positions for the Next Revaluation BRIEF SUMMARY: On March 10, 2008, the Commissioners agreed to begin the next Countywide revaluation immediately and to have the revaluation take effect January 1, 2011. In order to begin the revaluation, two additional appraisers and two additional fiscal support positions need to be added to the Tax Department immediately. In addition, two appraiser positions will be added to the Tax Department as part of the FY08-09 budget process, for a total of six new positions. The cost of the positions' operating expenses and two cars for the appraisers will be $51,753. The annual cost of the positions will be $192,544. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the addition of four positions to the Tax Department and adopt the ordinance for budget amendment 08-212. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: 4 Explanation: ATTACHMENTS: ~ DS-2'2 J.-l5"{iEl.dQS REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 75 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-212 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-212 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Tax Exnenditure: Decrease Increase Tax Department: Salaries and Wages $ 4,837 Social Security Taxes 370 Medical Insurance Expense 5,342 Long Term Disability 14 Capital Outlay - Motor Vehicles 34,800 Supplies - Fuel & Other 800 Supplies 2,100 Supplies - Computer & Other 2,400 Training and Travel 1,000 Contracted Services 90 Total $51 753 Revenue: Decrease Increase General Fundi Appropriated Fund Balance: Appropriated Fund Balance: $51,753 Total $51,753 Section 2: Explanation To budget for additional Tax Department staff to begin the next Countywide revaluation that will become effective on January 1,2011. Prior to actions taken at this Board of County Commissioners meeting, the revised Appropriated Fund balance is $8,925,133. 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 08-212 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Regular Item #: 10 Estimated Time: Page Number: Department: Human Resources Presenter: Mark Boyer, Public Information Officer Contact: Mark Boyer SUBJECT: Consideration of Waiver of Competitive Bidding for Television Broadcasting Equipment in the Commissioners' Assembly Room at the New Hanover County Historic Courthouse and Award of Contract to Technical Video Systems, Inc. BRIEF SUMMARY: The existing broadcasting system used at the New Hanover County Historic Courthouse has required extensive repairs this year due to the age of the system. Some funds are available in this fiscal year but not enough to replace all the equipment. Therefore, the replacement was divided into two phases so that the most pressing needs could be completed this year. In this first phase, the high definition switch and replacement of the four television cameras are being replaced. The second phase will include replacing the equipment used in the broadcast room. Final estimates have not been received at this time. The recommended budget will reflect the final projection. To ensure standardization and compatibility with the equipment at the New Hanover County Government Center, staff is requesting to exempt this project from competitive bidding and award the contract to TVS in the amount of $187,858. In March 2007, the County awarded a contract to Technical Video Systems, Inc. (TVS) to design, create, and install a broadcast and television production studio at the New Hanover County Government Center with the capability of expansion for future needs. GS 143-129(e)(6) allows an exemption from competitive bidding for purchases of apparatus, supplies, materials, or equipment when: (i) performance or price competition for a product are not available; (ii) a needed product is available from only one source of supply; or (iii) standardization or compatibility is the overriding consideration. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution and award contract to TVS for Broadcasting Equipment for the Commissioners' Assembly Room at the New Hanover County Historic Courthouse. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Funds are currently available in 112005200-800200 for this purchase. Funds to complete this project are being requested in next year's budget. ATTACHMENTS: ~ "".... . .. R E SO LUTlotldQS 77 REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn. 78 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the television broadcast equipment located in the Commissioners' Assembly Room at the New Hanover County Historic Courthouse needs to be replaced; and WHEREAS, the County entered a contract with Technical Video Systems, Inc. (TVS) in March 2007 to design, create, and install a broadcast and television production studio at the New Hanover County Government Center with the capability of expansion for future needs; and WHEREAS, to ensure standardization and compatibility, staff is requesting to exempt this project from competitive bidding and award the contract to TVS; and WHEREAS, General Statutes 143-129 (e)(6) allows an exemption from competitive bidding for purchases of apparatus, supplies, materials or equipment when: (i) performance or price competition for a product is not available (ii) a needed product is available from only one source of supply (iii) standardization or compatibility is the overriding consideration. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that this project is exempt from competitive bidding and TVS is awarded the contract for broadcasting equipment for the New Hanover County Historic Courthouse in the amount of$187,858. ADOPTED this the 7th day of April, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 79 This page intentionally left blank. 80 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 7:05 p.m. 1. Non-Agenda Items (limit three minutes) 7:10p.m. 2. Approval of Minutes 83 7: 15 p.m. 3. Consideration of Cape Fear Public Utility Authority (CFPUA) Interim Funding 85 Request and Adoption of Ordinance for Budget Amendment 08-210 7:20 p.m. 4. NOTE: This item has been withdrawn. 91 Consideration of a Resolution of Acceptance of Public Dedication, Figure Eight Harbour Common Area 7:30 p.m. 5. Consideration of a Resolution to A ward Ogden Park Well Head Construction 95 Work 7:40 p.m. 6. Consideration of Funding for the Extension of an 8-inch Sanitary Sewer Main 97 and a 12-inch Water Main on Murrayville Road and Adoption of Ordinance for Budget Amendment 2008-100 7:50 p.m. 7. Consideration of a Resolution of Condemnation of a Thirty-Foot (30') Wide 99 Utility Easement for Sewer Purposes at 7026 Market Street, Cardinal Lanes, Inc. 81 This page intentionally left blank. 82 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: District Chairman Kopp Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District Agenda BRIEF SUMMARY: Approve minutes from the March 10, 2008 regular meeting of the Water and Sewer District. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 83 This page intentionally left blank. 84 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Finance Presenter: Avril M. Pinder Contact: Avril M. Pinder SUBJECT: Consideration of Cape Fear Public Utility Authority (CFPUA) Interim Funding Request BRIEF SUMMARY: The Cape Fear Public Utility Authority (CFPUA) unanimously passed a resolution on March 12, 2008 requesting funding from the City of Wilmington and New Hanover County in the amount of $598,190 each. This will fund the necessary contracts with consultants and various operating expenses of the Authority through June 30, 2008. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve New Hanover County's share of funding for the Cape Fear Public Utility Authority (CFPUA) in the amount of $598,190 and adopt the ordinance for associated budget amendment 08-210. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ 1ft ~ -. , ~.....,... .....~: C F P UfI.Funding RequestA-7-DEb:J$ Resolulion. CFPUA.pdf -GB-2lD J- 1 B-i}g.dQS REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 85 RESOLUTION REQUEST FOR INTERIM FUNDING FOR AUTHORITY START-UP WHEREAS] the Cape Fear Public Utility Authority formed by a concurrent resolution of the Wilmington City Council and the Board of Commissioners of New Hanover County on June 16, 2007 requires funding for transition to full operation; and WHEREAS] the Cape Fear Public Utility Authority does not have a revenue stream to fund expenses related to the transition and start-up; and WHEREAS] the City of Wilmington and New Hanover County provided $1,837,820 ($918,910 from the City and $918,910 from the County) to provided funding for the Cape Fear Public Utility Authority for interim operations for a period originally estimated through December 31,2007; and THEREFORE BE IT RESOLVED THAT] the Cape Fear Public Utility Authority requests continuation of funding from the City of Wilmington and New Hanover County for expenditures related to start-up through June 30, 2008 in the amount of$1,196,380 ($598,190 from the City and $598,190 from the County) as detailed in the attached. 7<<' ADOPTED this 12 -day of March 2008 in Regular Session. , ~ I .-r- /;.2: I -- . .~y _ By,.;yJl!f~ Altes',. // . _ Matt Hunter, Chairman <ifteve Thomas, Secretary 86 Cape Fear Public Utility Authority Estimated Expenditures For Operations Through 6/30/2008 Governance $ 30,000 Administration & Operations $ 990,846 Contractual Services $ 1,558,883 Equipment $ 310,000 $ 2,889,729 Contingency (5%) $ 144,471 Total Budget $ 3,034,200 Previous Funding Approved by NHC/COW $ 1,837,820 Current Funding Request $ 1,196,380 New Hanover County Portion $ 598,190 City of Wilmington Portion $ 598,190 87 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-210 BE IT ORDAINED by the Water and Sewer District Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-210 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: 800 Fund Water and Sewer District Department: Water and Sewer Exnenditure: Decrease Increase Transfer to Enterprise Funds (CFPUA) $598,190 Total $598,190 Revenue: Decrease Increase Appropriated Fund Balance $598,190 Total $598,190 Fund: 804 Fund Cape Fear Public Utility Authority Department: CFPUA Board Exnenditure: Decrease Increase Contingencies $ 57,157 Capital Outlay - Equipment 256,777 Insurance and Bonds 1,000 Training and Travel 14,605 Dues and Subscriptions 4,857 Maintenance and Repair of Equipment 5,000 Telephone Expense 12,000 Cellular Expense 5,000 Advertising Cost 19,089 Rent - Equipment 3,000 Rent 95,000 Contracted Services - Legal 70,010 Contracted Services - Sun guard 77 ,992 Contracted Services - MSF &G 161,866 Contracted Services 4,805 Salaries and Wages - CFPUA 693,708 Salaries and Wages - CFPUA BOARD $225,486 Supplies and Equipment 40,000 Supplies - Board 20,000 Total $285.486 $1 481 866 NET TOTAL $1,196,380 Revenue: Decrease Increase CFPUA - General Revenue (Transfer from NHC) $ 598,190 CFPUA - Contribution (from COW) 598,190 Total $1196 380 Section 2: Explanation To request the Water and Sewer District Board of Commissioners approval for additional funding from the 800 Fund for the CFPUA in the amount of $598,190. In addition, the County is the designated financial fiduciary agent for the CFPUA, and the remainder of the Budget Amendment adjusts the CFPUA Fund in accordance with the attached Resolution adopted March 12, 2008, by the CFPUA Board. Prior to actions taken at this Water and Sewer District Board of Commissioners meeting, the revised Appropriated Fund balance in the 800 Fund is $6,692,849. 88 Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Water and Sewer District Board of Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-210 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) William A. Kopp, District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 89 This page intentionally left blank. 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Water & Sewer Item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dennis J. Ihnat Contacts: Gary McSmith, Christine Neal SUBJECT: NOTE: This item has been withdrawn. Consideration of a Resolution of Acceptance of Public Dedication, Figure Eight Harbour Common Area BRIEF SUMMARY: The County is currently constructing water lines within an existing utility easement crossing the Figure Eight Harbour Development. These lines being installed are part of the Well Field and Water Treatment Plant Capital Project. When completed, these lines will provide potable drinking water and improved fire protection to not only this development, but residents adjacent to a large portion of Porters Neck and Edgewater Club Roads. To continue the current construction schedule for this project, and to eliminate potential field conflicts related to existing underground utilities on Figure Eight Harbour property, it will be necessary to make minor field adjustments within the existing platted common area, during the installation process on this site. Once construction is completed, these adjustments will be noted and added to the final as-built drawings. By making field adjustments, the County avoids construction delays and potentially costly change orders. The existing common area has been platted and offered for public acceptance. Attached is a document accepting the conservation area for water and sewer purposes. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution accepting those identified common areas of Figure Eight Harbour Subdivision for sewer and/or water utility purposes only. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funding involved ATTACHMENTS: If!t ~ :....~: ........ figure 8 harbour common area,pdf PLAT OED ICflTION fo; FIGURE S ~,lJ,doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn 91 U) n:s GJi .... <C c .... 0 g: ::::a 1'1 o E ~ .,a""'E ~ .... C :i! n:s CD 0 ......::1: E 0 0..... a.. "C i"'Ii .c:.o C _ -Q-ca JI fl...... " .......> ..... 7,; .. . c: :II .1Il.j .41e~' It i ::::a ..... .~. I .~= 1 .. ftI - ..... 5 i m Gl ... <( r:: o E E o u 92 RESOLUTION OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT WHEREAS, a.s. Chapter 153A, Article 15 authorizes counties to establish water and sewer systems, and G.S. Chapter 162A, Article 6 authorizes counties to establish a water and sewer district; and WHEREAS, New Hanover County has established the New Hanover County Water and Sewer District, which District has arranged for construction of a water and sewer system in the unincorporated County; and WHEREAS, the District desires to locate portions of the water and sewer system within dedicated subdivision common areas easements in New Hanover County; and WHEREAS, various common areas and easements in New Hanover County have been dedicated to the public use by the recordation of a subdivision plat or other map; and WHEREAS, G.S. l53A-158 authorizes acquisition of a fee or lesser interest in real property by gift, grant or other lawful method; and WHEREAS, the New Hanover County Water and Sewer District desires to accept the offer of dedication of those common areas for the purpose only of providing sewer and/or water services to County residents by and through the New Hanover County Water and Sewer District. NOW, THEREFORE, BE IT RESOLVED as follows: That New Hanover County Water and Sewer District hereby accepts only for sewer and/or water utility the offer of dedication ofthe common areas as more fully set forth below: Description: Being those common areas of Figure Eight Harbour Subdivision as shown in Map Book 26, Page 143 and 144, New Hanover County Registry. The New Hanover County Water and Sewer District does not accept said common areas and easements for the purpose of providing any drainage services or any non-water/sewer maintenance whatsoever. ADOPTED this the 7th day of April, 2008. NEW HANOVER COUNTY WATER AND SEWER DISTRICT William A. Kopp, Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 93 This page intentionally left blank. 94 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Water & Sewer Item #: 5 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dennis J. Ihnat Contact: Dennis J. Ihnat SUBJECT: Consideration of a Resolution to Award Ogden Park Well Head Construction Work BRIEF SUMMARY: On March 10, 2008 the Board approved a resolution to construct one (1) well head, as a change order to a competitively awarded contract with State Utilities. Subsequent to this meeting the County Manager successfully polled the Board of Commissioners for the construction of two additional well heads. This action will improve water availability. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution to award this work to State Utilities by change order to their current competitively awarded contract. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Well field and Water Treatment Construction ATTACHMENTS: ~ ,......, . -- - resDlution for two wel!s .dos REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 95 RESOLUTION OF THE NEW HANOVER COUNTYWATER AND SEWER DISTRICT WHEREAS, any potential shortage of potable water constitutes an emergency impacting the health and safety of the people of New Hanover County and their property; and WHEREAS, immediate construction of two additional well heads in Ogden Park would make additional necessary potable water available on or around July 2008, rather than the original planned date of September 2009; and WHEREAS, a change order to the existing contract of State Utilities, a contractor already mobilized and working in the Ogden Park area, would expedite construction of two additional well heads (for a total ofthree in Ogden Park). NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Water and Sewer District, given the public health emergency posed by potential water shortages for the spring and summer 2008 season, authorizes a change order to the existing State Utilities contract, pursuant to the provisions of North Carolina General Statutes 143-129(e)(2). ADOPTED this the 7th day of April, 2008. NEW HANOVER COUNTY WATER AND SEWER DISTRICT William A. Kopp, Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 96 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Water & Sewer Item #: 6 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dennis J. Ihnat Contact: Alvin McCollum SUBJECT: Consideration of Funding for the Extension of an 8-inch Sanitary Sewer Main and a 12-inch Water Main on Murrayville Road BRIEF SUMMARY: The sanitary sewer line will provide sewer access for residential and commercial properties in the Murrayville Road area. The 12" water main will create a loop in the water system, improving fire protection, pressure and water quality. These sewer and water lines will also serve the planned New Hanover County Fire Station in Murrayville. The total estimated cost for these improvements is $899,620. New Hanover County Fire Services will fund half of the sanitary sewer estimated cost of $394,220, and has included $197,110 in the Murrayville Fire Station Capital Project budget. The remaining $702,510 will be funded in the General Water and Sewer Capital Projects by the attached budget amendment. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinance for budget amendment 2008-100. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: General Water and Sewer Capital Project Budget ATTACHMENTS: ~ 2W~-lW 3-2f.[!8,dos REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 97 AGENDA: April 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-100 BE IT ORDAINED by the Water and Sewer District Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-100 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Water & Sewer Capital Projects Department: Engineering Exnenditure: Decrease Increase Murravville Water & Sewer $627,510 Easement Acquisitions 75,000 Total $702,510 Revenue: Decrease Increase Transfer in from Fund 800 $702,510 Total $702,510 Fund: Water & Sewer District Department: Water & Sewer Administration/Water & Sewer Finance Exnenditure: Decrease Increase Transfers to Capital Projects $702,510 Total $702,510 Revenue: Decrease Increase Appropriate Fund Balance $702,510 Total $702,510 Section 2: Explanation This budget amendment is to establish the budget for the District's participation in the Murrayville Water & Sewer improvements, which will require acquisition of easements. Prior to actions taken at this Water and Sewer District Board of Commissioners meeting, the revised Appropriated Fund Balance in Fund 800 is $6,692,849. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Water and Sewer District Board of Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-100 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008. (SEAL) William A. Kopp, District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 98 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 04/07/08 Water & Sewer Item #: 7 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Kemp Burpeau Contacts: Dennis J. Ihnat, Bill Pinnix, Christine Neal SUBJECT: Consideration of a Resolution of Condemnation of a Thirty-Foot (30') Wide Utility Easement for Sewer Purposes at 7026 Market Street, Cardinal Lanes, Inc. BRIEF SUMMARY: County Staff has been working for several months on acquiring the necessary easements for the Westwood Lift Station (number 77) Alternate Force Main project. The route was designed to take advantage of existing easements as much as possible. Staff has worked closely with property owners and with Progress Energy in an attempt to route the line through established easements in order to minimize impact to all of the property owners along the entire project route. One property owner along the route has not yet agreed to provide a sewer easement, after extensive negotiations with County staff, and we must move forward with this condemnation action in an attempt to prevent potential construction delays. The easement at issue is required on property owned by Cardinal Lanes, Inc., at 7026 Market Street. The proposed 3D-foot wide sewer easement is situated entirely within an existing 1 DO-foot wide Progress Energy easement already located on this property, and does not place additional restrictions on the use of any of this land that are not already required by Progress Energy. County staff has placed the same value for these easements, based on their placement within already heavily restricted areas, as the tax value applied to wet lands andlor conservation easements, which currently is set at five hundred dollars per acre. However, the original offers to all the property owners along this route, was approximately three times that value (in this case $2,500), in an attempt to expedite this project and to provide some compensation for potential disruption to use of portions of this property during construction. Staff will continue to negotiate with the property owner, in an attempt to resolve the matter in the next thirty days and prior to any potential filings with the Clerk of Court. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution to acquire the necessary easement by condemnation. County staff will continue efforts to negotiate an agreement with the property owner to obtain this easement. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funding involved ATTACHMENTS: ~ ~ -, ....."-bJI:: 2WElU&;-G 7 LS 77EasementCondemnation Resolution .dQS 2WSU&;-G 7. LS 77EasementCondemnation, Site Map .pm REVIEWED BY: 99 LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn. 100 RESOLUTION OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT WHEREAS, it is necessary for construction of utilities to acquire a permanent sewer utility easement on the property of Cardinal Lanes, Inc., Deed Book 1968, Page 309, New Hanover County Registry, more specifically described as a 30-foot wide permanent easement situated within the existing 100-foot wide CP&L easement encumbering the referenced parcel, as more fully shown in Map Book 52, Page 143, New Hanover County Registry; and WHEREAS, it is necessary to utilize the District's power of eminent domain to acquire the above referenced easement in that negotiations to acquire said easement have been unsuccessful in obtaining the property owner's consent. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the New Hanover County Water and Sewer District hereby resolves that the necessary easement on, over and across the Cardinal Lane, Inc. property, Tax Parcel No. RO 4400- 005-022-000, Deed Book 1968, Page 309, New Hanover County Registry be acquired by condemnation. County staff is hereby authorized to take any and all actions, including suit, necessary to obtain said real property interest. ADOPTED this the ih day of April, 2008. NEW HANOVER COUNTY WATER AND SEWER DISTRICT William A. Kopp, Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 101 t)J) = .... I:IJ I:IJ - <= ........ ~ - ~ .......-. . U~..ct:J - ....... = ........ ......., ~ = 00 QJ .... =- = ........ I:IJ ~ <:IJ =:=: <:IJ ~ ~ <= = .... = ~ ~ ~~ -~-,.... <= ~ QJ = ~ \C =.. = ~ <= .... ""CS~....""CS QJ I:"-- =.. .... I:IJ = <=........=u =..< <= <= - =-. 0. "' If I>> .. .~ -9i,';:;~-E;::,~~;i:!!;@~ 102