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HomeMy WebLinkAboutAgenda 2002 11-12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 59Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC AGENDA TED DAVIS, JR., CHAIRMAN. ROBERT G. GREER VICE-CHAIRMAN WilLIAM A. CASTER, COMMISSIONER. JULIA BOSEMAN, COMMISSIONER. NANCY PRITCHETT, COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' LUCIE F. HARRELL, CLERK TO THE BOARD November 12, 2002 5:30 p.m. Amended Agenda MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCA TION PLEDGE OF ALLEGIANCE APPROVAL OF CONSENT AGENDA ESTIMATED ITEMS OF BUSINESS TIMES 5:45 pm. 1. Consideration of Creation of the New Hanover County Tourism Development Authority d/b/a Cape Fear Coast Convention and Visitors Bureau 5:55 p.m. 2. Consideration of Approval to Receive A ward and Designation from the National Weather Service as a Storm Ready Community 6:00 p.m. 2.1 Consideration of Special Assessment Determination of Cost for Mason Inlet Public Hearin2s: 6:05 p.m. 3. Public Hearing and Consideration of Approval of Grant Application for Community Transportation Program Funding FY2003-2004 6:10 p.m. 4.1 Special Use Permit (Continued from Oct. ih Meeting) - Request by ComScape Telecommunications, Inc. to locate a 106 foot tower in an R-15 Residential District located at 4510 South College Road behind the Arab Shrine Club. (S-488, 09/02) 6:25 p.m. 4.2 Rezoning - Request by Design Solutions for Archie McGirt and Janet Batten to rezone approximately 6.93 acres of property located adjacent and south of Archmil Place subdivision on Carolina Beach Road near Monkey Junction from R-15 Residential to R-I0 Residential. (2-751,09/02) 6:55 p.m. 4.3 Special Use Permit - Request by Airgate PCS for a Special Use Permit to locate antenna and associated structures on the existing Cornelia Nixon Davis water tank in a Conditional Use Office and Institutional District located at 1011 Porters Neck Road. (S-492, 10/02) 7: 15 p.m. 4.4 Rezoning - Request by the Golden Road Group, LLC to rezone approximately 4.77 acres of property from a combination ofR-15, B-2, and CD(B-l) to Conditional Use B-2 Highway Business located at 6315,6331, and 6339 Carolina Beach Road. (2-753, 10/02) 7:35 p.m. Break 7:45 p.m. 4.5 Special Use Permit (Appealed) - Request by Amanda Smith to modify an existing Special Use Permit for a Pet Grooming operation to a Convenience Food Store/Tea Shop in an R-15 Residential District located at 7903 Myrtle Grove Road. (S-387, 09/02) 8: 15p.m. 4.6 Road Renaming - Request by County Parks & Recreation Advisory Board to consider renaming Veterans Drive to Halyburton Parkway located near the 6400 block of Carolina Beach Road, west side. (SN -93, 11/02) 8:25 p.m. 5. Meeting of the Water and Sewer District ESTIMATED ITEMS OF BUSINESS TIMES 8:35 p.m. Non-Agenda Items 8:45 p.m. Additional Items: County Commissioners County Attorney County Manager 9:00 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. MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS Page No. 1. Non-Agenda Items (limited to 3 minutes 2. Approval of Minutes 55 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 59 2. Approval of Adoption of SR-2 Resolution Requesting the Addition of Ogden Park 61 Drive and Roads in Farrington Farms Subdivision 3. Approval of Ratification of Proclamation Declaring November 10,2002 as 67 "Westfield Works Wonders Day" in New Hanover County 4. Approval of Proclamation for Adoption Awareness Month 69 5. Approval of Grant Received from State Board of Elections 71 Approval of Budget Amendments 6.1 #03-0060 75 6.2 #03-0061 77 6.3 #03-0062 79 6.4 #03-0063 81 6.5 #03-0064 83 6.6 #03-0067 87 6.7 #03-0068 89 6.8 #2003-13 91 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 1 Estimated Time: Page Number: Department: Legal Presenter: Wanda M. Copley, County Attorney and Bruce Shell, Finance Director Contact: Wanda M.Copley, County Attorney and Bruce Shell, Finance Director SUBJECT: Creation of the New Hanover County Tourism Development Authority d/b/a Cape Fear Coast Convention and Visitors Bureau. BRIEF SUMMARY: On October 3, 2002, House Bill 1707 was ratified by the General Assembly, designating the CVB as a Tourism Development Authority (TDA). The Board needs to create the New Hanover County Tourism Development Authority d/b/a Cape Fear Coast Convention and Visitors Bureau. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution creating the Tourism Development Authority effective November 12, 2002 with the CVB being operated as a TDA January 1, 2003. Appoint members to the TDA December 16, 2002. FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: Room Occupancy Tax ATTACHMENTS: . CapeFearCoastCVBResolut REVIEWED BY: LEGAL: Approve FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with the County Attorney and Finance Director on the motion noted above. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS DRAFT WHEREAS, on October 3,2002, through House Bill 1707, the North Carolina General Assembly directed that the New Hanover County Board of Commissioners designate the Cape Fear Coast Convention and Visitors Bureau as a Tourism Development Authority to promote travel, tourism and conventions in New Hanover County, related tourism expenditures; and WHEREAS, said Authority shall be a public entity subject to the Local Government Budget and Fiscal Control Act, and shall be the successor to and hold all assets of the Cape Fear Coast Convention and Visitors Bureau, Inc.; and WHEREAS, the membership of the Authority shall be as follows: Fifteen (15) voting members: five (5) ex-officio members or their designees and ten (10) additional members appointed by the Board of County Commissioners: The ex-officio members shall be the Chair of the Board of County Commissioners, the Mayor of the City of Wilmington, and the Mayors of the Beach towns. Each ex-officio member may designate to serve in the member's place an individual who is actively involved in promoting travel and tourism in the local community the member represents or who owns or manages a lodging facility in the local community the member represents; and WHEREAS, the Board of County Commissioners shall also appoint the members listed below, to serve the terms of office which will be staggered as follows: 3 members appointed for 3-year terms 4 members appointed for 2-year terms 3 members appointed for I-year terms After the initial terms have expired, all terms will automatically convert to three (3)-year terms. (a) One owner or manager ofa hotel of 150 rooms or more in the Town ofWrightsville Beach. This individual must have experience in promoting travel and tourism. (b) One owner or manager of a hotel in the Town of Carolina Beach. This individual must have experience in promoting travel and tourism. (c) One owner or manager of a hotel in the Town ofKure Beach. This individual must have experience in promoting travel and tourism. (d) One owner of manager of a hotel of 150 rooms or more in the City of Wilmington. This individual must have experience in promoting travel and tourism. ( e) One owner or manager of a hotel of fewer than 150 rooms in the City of Wilmington. This individual must have experience in promoting travel and tourism. (f) One owner or manager of a bed and breakfast facility. This individual must have experience in promoting travel and tourism. (g) One owner or manager of a company that manages and rents more than 100 vacation rental properties. This individual must have experience in promoting travel and tourism. (h) One representative of a tourism attraction in the County who is actively involved in the promotion of travel and tourism in the County. (i) One representative of the Wilmington Chamber of Commerce who is actively involved in promoting travel and tourism in the County. G) One owner or manager of a restaurant business in the County; and WHEREAS, the Authority shall designate one of its members to be a chair and shall meet at the call of its chair, and adopted desired rules of procedure; and WHEREAS, the New Hanover County Finance Director shall serve as the ex officio financial officer of the Authority, and the County Finance department may provide financial operations, including purchasing, tax reporting and payroll, for the Authority at a fee to be established. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, that the Cape Fear Coast Convention and Visitors Bureau shall become a tourism development authority and shall take effect and come into creation on January 1, 2003, with all those powers, rights and duties set forth in House Bill 1707, Session 2001. The Authority shall hereinafter be known and operated as the New Hanover County Tourism Development Authority d/b/a Cape Fear Coast Convention and Visitors Bureau. This the lih day of November, 2002. NEW HANOVER COUNTY (SEAL) Ted Davis, Jr., Chairman Board of County Commissioners ATTEST: Clerk to the Board {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 2 Estimated Time: Page Number: Department: Emergency Management Presenter: Dan Summers Contact: Dan Summers SUBJECT: Receive award and designation from the National Weather Service as a Storm Ready Community BRIEF SUMMARY: The National Weather Service in Wilmington would like to present to the New Hanover County Department of Emergency Management their re-certification as a Storm Ready Community. This award illustrates the County's commitment to community preparedness and early warning. The award will be presented by either Mr. Tom Matheson or Mr. Richard Anthony from the National Weather Service in Wilmington. The award designation also contributes to the Community Rating System to aid in the reduction of flood insurance premiums. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request the Chairman recognize the representatives from New Hanover County Emergency Management for the brief award presentation. FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: Not Applicable ATTACHMENTS: iii iii R2 - 1 . do R2 - 2 . do REVIEWED BY: LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with recommendation noted above. COMMISSIONERS' ACTIONS/COMMENTS: Heard presentation. Accepted designation. -'~ . '\., . . ~ . iKiI, .,~.~~ National Weather Service 2015 Gardner Drive Wilmington NC 28405 September 17, 2002 Dear Dan Summers, Director, New Hanover County Emergency Management: On behalf of the Storm Ready Advisory Board I congratulate you on your county Storm Ready re-recognition. This is clearly the result of the hard work, vision, and leadership of New Hanover County Emergency Management, the 911 Center, and the county-wide network of volunteer SkyWarn storm spotters. The citizens of New Hanover County should take great pride in continuing at this status of high readiness. The current Storm Ready recognition for New Hanover County is valid for three years. While we will work together to maintain readiness, official recognition will require renewal in September, 2005. As a Storm Ready county, New Hanover County is authorized to use the Storm Ready logo in official letterheads, brochures, or other documents. The Storm Ready logo is trademarked and subject to certain restrictions which require the National Weather Service to monitor its use. If you use the logo, please send the National Weather Service a description of how it was used. You are also authorized to make additional signs like those provided by the National Weather Service. Congratulations again on this achievement. The National Weather Service is proud to keep New Hanover County as a part of the growing national Storm Ready family! Sincerely, Tom Matheson Warning Coordination Meteorologist cc: Storm Ready Advisory Board ~ . iKiI, .,~.~~ New Hanover County North Carolina -'~ . '\., . . Having met established community preparedness standards Is Hereby Re-Recognized as ". "'7n' -'. "R"'~:". ,.... . . d'. . . 1,-. '. ;e.a y . r . : ~ .' - . , . , . . ..- .:~. . .: . ~ . . ..I~".". ~ . 4 ~ .. of":r . ~ I .. i'" . .-::.. :" .... '... :.....- ','" ~'. .i.:. ~....': by the National Weather Service and the StormReady Community Advisory Board This StormReady recognition is valid through September 2005 Richard W. Anthony Meteorologist In Charge NWS Wilmington NC T om Matheson Warning Coordination Meteorologist NWS Wilmington NC {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 2.1 Estimated Time: Page Number: Department: Finance Presenter: Bruce Shell Contact: Bruce Shell / Kemp Burpeau SUBJECT: Special Item (to be heard after Item #2 at approximately 6:00 p.m.) Special Assessment Determination of Cost for Mason Inlet BRIEF SUMMARY: On June 21, 1999 the Board of County Commissioners adopted a preliminary assessment resolution regarding the relocation of Mason's Inlet and the sale of related sand to Figure Eight Island. The resolution established a methodology for assessing benefitted property owners. Wrightsville Beach property owners participated according to their proximity to the inlet and their land values. Figure Eight assessments were established for the sand purchased based on ocean front and non-ocean front properties. The County Commissioners are asked to approve the Determination of Cost as required by General Statute 153A-193 and to establish a public hearing. Subsequent to the Determination of Cost county staff will mail preliminary assessment to all affected property owners as well as a notice of public hearing. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Determination of Costs as well as establish November 25, 2002 as a public hearing. FUNDING SOURCE: Will above action result in: Explanation: ATTACHMENTS: . MasonInletRelocationResc REVIEWED BY: LEGAL: Approve FINANCE: BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Concur with Finance Director. COMMISSIONERS' ACTIONS/COMMENTS: Approved project distribution of $6,740,932. Amount was reduced by $100,000 of interest expense, Public Hearing will be held on Dec. 2, 2002. Approved 5-0. RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the North Carolina General Statutes authorize use of special assessments for beach erosion control projects; and WHEREAS, the Board of County Commissioners on the 21 st day of June, 1999, adopted a preliminary assessment resolution providing for a beach erosion control project be constructed by relocation of Mason Inlet; and WHEREAS, the project funded by special assessments was publicly bid and construction undertaken; and WHEREAS, the project is now complete to such an extent that final project cost can be determined; and NOW THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners, pursuant to General Statute 153A-193, that total project costs are six million eight hundred forty thousand nine hundred thirty-two dollars ($6,840,932). Staff is directed pursuant to General Statute 153A-194, to prepare the Preliminary Assessment Roll for review and confirmation at a public hearing to be scheduled for November 25, 2002 during the regular Board of County Commissioners meeting. This the 12th day of November, 2002. NEW HANOVER COUNTY (SEAL) Ted Davis, Jr., Chairman Board of County Commissioners ATTEST: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 3 Estimated Time: Page Number: Department: Transportation Presenter: Deborah M. Houston Contact: Deborah M. Houston SUBJECT: Public Hearing and Consideration of Approval of Grant Application for Community Transportation Program Funding for FY 2003-2004 BRIEF SUMMARY: New Hanover County is eligible to obtain grant funding from the North Carolina Department of Transportation (NCDOT) for administrative, capital and technology assistance in the operation of New Hanover Transportation Services (NHTS). The grant application deadline is November 22, 2002. NHTS provides general public and employment transportation to the unincorporated areas of the County. Human services transportation is also provided to clients of human service agencies throughout the County. A total of $420,694 is being requested for the upcoming fiscal year. These funds include $244,291 in administrative assistance, $170,703 in capital assistance (for the replacement of 3 vans and a minibus) and $5,700 in technology assistance (for the replacement of two computers/printers). Local matching funds required will total $54,283 and will be included in the NHTS budget request for the upcoming year. The current match amount is $55,750. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing, approve request to submit application, adopt resolution on use of funds, authorize Chairman Davis, County Manager O'Neal, and County Attorney Copley to execute the appropriate application certifications and assurances upon receipt thereof, and accept program funds if the grant is awarded. FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: Local Match: $54,283 to be included in the NHTS Budget Request for FY 2003-2004. ATTACHMENTS: REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hold public hearing and consider submission of application and associated requirements. COMMISSIONERS' ACTIONS/COMMENTS: Held public hearing. Approved submission of application and associated requirements. Vote was 5-0. FY2004 Community Transportation Program (CTP) Grant Application Project Nbr: 04-CT- ADMINISTRATIVE and EMPLOYEE DEVElOPMENT BUDGET SUMMARY July 2003 - June 2004 Legal Name of Subrecipient: New Hanovet,County Subrecipient's Federal Taxpayer Identification Number: 56-60000324 (NON-PROFITS need to submit a copy of their IRS certificate) Period of Performance: July 1, 2003 - June 30,2004 I. Total Project Expenditures (NCDOT Maximum Participation Amounts) ReQ uested NCDOT Approved Administrative Expenses . ':,$240~13S. $0 Employee Development Expenses Total : : '$244;291"':: $0 $0... Il.'..:'FOnding....( Do.not:,CQm plete:th is.section - NCDOT'61lIy) '. ." 1 .'. Total Federal NCDOT Local 1 00% 80% 5% 1 5% ,Adl11inistratiO..F< I $0 $0 $0 $0 (Rural Systems ) (federal & state funding) 1 00% 0% 85% 1 5% ..,..Adi1'lihisttatioh..... <I $0 $0 $0 $0 (Urban County and Human Service Systems) (slate funding) 1 00% 85% 0% 1 5% ...., "':...El11ploy~e.: ".1 .. Devel"Oprnehf" $0 $0 $0 $0 '. , 1 00% 80% 5% 1 5% .."Qt~IF:-L.in~ihg< "I $0 $0 $0 $0 . . (Rural Systems) 1 00% 0% 85% 1 5% .. T otal'F:-lJhd,ihg <"1 $0 $0 $0 $0 (Urban County and Human Service Systems) FY2004 Admin Budgel FY2004 Community Transportation Program (CTP) Grant Application Project Nbr: 04-CT- CAPITAL BUDGET SUMMARY July 2003 - June 2004 Legal Name of Subrecipient: New Hanover County Subrecipient's Federal Taxpayer Identification Number: 56-60000324 (Non-Profits need to submit a copy of their IRS certificate) July 1, 2003 - June 30, 2004 Period of Performance: NCDOT I. Total Project Expenditures Requested Approved (NCDOT Maximum Participation Amounts) Replacement Vehicles $- $ Expansion Vehicles $- $ Other Capital Expenses $ ....... $ Total $_" $ Total Federal NCDOT Local 100% 0% 90% 10% CAPITAL 0 0 0 0 (State funding only) 100% 80% 10% 10% CAPITAL 0 0 0 0 (Federal/State funding) FY2DD4 Capital Budget FY2004 Community Transportation Program (CTP) Grant Application Project Nbr: 04-AT- July 2003 - June 2004 TECHNOLOGY BUDGET SUMMARY Legal Name of Subrecipient: New Hanover County Subrecipient's Federal Taxpayer Identification Number: fil)~60000324 (Not-for-Profits need to submit a copy of their IRS certificate) Period of Performance: July 1, 2003 - June 30, 2004 I. Total Project Expenditures (NCDOT Maximum Participation Amounts) ReQuested NCDOT Approved Technology Expenses $..... $- $ Total $ II. Funding (Do not complete this section) Total Federal NCDOT local 100% 0% 90% 10% Technology FY2004 Technology Budget NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 4.1 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: S-488, 09/02 Special Use Permit for: A 106' Telecommunication Tower In an R-15 Zoning District BRIEF SUMMARY: CONTINUED FROM COMMISSIONERS MEETING 10/07/02: The petitioner was asked to try to mitigate some of the neighbors' concerns by moving the proposed tower away from the property line or by providing additional landscaping. A revised site plan has been filed. However, staff has not been informed if the changes mitigate the neighbors' concerns. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 9/5/02: The petitioner's attorney, Thomas Johnson, presented the request to erect a 106' Telecommunication Tower in an R-15 Residential District. Mr. Johnson presented a booklet and slides showing views of the proposed tower from adjacent properties. One adjacent neighbor from Pine Hollow Drive spoke in opposition to the request. There was discussion about the impacts that towers have on communities and the future of the cellular services. One board member was adamantly opposed to allowing the tower in the proposed location. However, other members felt that the addition of fencing, landscaping and buffering at the base would mitigate the impact on the adjacent neighbors. By a vote of 5-1 the Planning Board Recommends Approval, with the condition that aesthetic fencing and vegetative material shall be used in the buffer. FUNDING SOURCE: Will above action result in: Explanation: N/A ATTACHMENTS: iii iii iii iii 5 S-488 Finding of IS-488 Pet SumS-488 Exhibit S-488 exhibit ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Denied 5-0. Case: S-488, 09/02 Special Use Permit for: A 106' Telecommunication Tower In an R-15 Zoning District CONTINUED FROM COMMISSIONERS MEETING 10/07/02: The petitioner was asked to try to mitigate some of the neighbors concerns by moving the proposed tower away from the property line or by providing additional landscaping. A revised site plan has been filed however staff has not been informed if the changes mitigate the neighbors concerns. PLANNING BOARD RECOMMENDATION 9/5/02: The petitioner's attorney Thomas Johnson presented the request to erect a 106' Telecommunication Tower in an R-15 Residential District. Mr. Johnson presented a booklet and slides showing views of the proposed tower from adjacent properties. One adjacent neighbor from Pine Hollow Drive spoke in opposition to the request. There was discussion about the impacts that towers have on communities and the future of the cellular services. One board member was adamantly opposed to allowing the tower in the proposed location, however, other members felt that the addition of fencing, landscaping and buffering at the base would mitigate the impact on the adjacent neighbors. By a vote of 5-1 the Planning Board Recommends Approval with the condition that aesthetic fencing and vegetative material shall be used in the buffer. PRELIMINARY STAFF FINDINGS 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. Access to the site is from Jasmine Cove Way, which is a signalized intersection on South College Road. C. The tower will be used to facilitate a start up cellular service business and to provide 911 service to its customers. D. The tower is located at least a minimum distance equal to the height of the tower from the nearest residential dwelling. E. The structure has 110 mph wind rating. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in an R -15 Residential Zoning District. Communication facilities including towers are permitted by Special Use Permit within Residential Zoning Districts. B. Minimum setbacks and buffering can be accommodated. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. Additional cellular service is important in emergency situations. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as Developed by the New Hanover County Comprehensive Plan. The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Density may exceed 2.5 units per acre within the developed class, depending upon local zoning regulations. B. There is a concentration of commercial development to the north and south and higher density residential subdivisions in the area, which tend to increase the demand for cellular related services. Case: 8-488,09/02 Petition Summary Data Owner/Petitioner: ComScape Telecommunications Existing Land Use: Institutional Use Zoning History: October 15, 1969 (Masonboro) Land Classification: Developed Water Type: City Sewer Type: County Sewer Recreation Area: Myrtle Grove Park Access & Traffic Volume: 24,000 S. College Rd. @ Monkey Jnctn. (2001 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Motts Creek C(SW) Aquifer Recharge Area: Primary Conservation/Historic/ Archaeologic Resources: none Soils: Lynn Haven Septic Suitability: Class III (Severe Limitations) Schools: Pine Valley Elementary ~ s::: '- - e ~ u ~ o ::c:: s:::"' .E 0) .S: ~ ~ I .Q ::s C3"g Q)& r'f' . t:: C1l .:" i::: Cl ... ..s:::..9:! ~CI)o :S.Q~ ..c: ~ '5 I~ oc:( ~ .... 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'6~i:affi:;:cnUl~ZO~~>"'::; =-.Ja:::E:~>-~LU~::I:1-L.l-8::J::I: cO~:; 1l;:;;a~~~~;;!cn~~iiUl~~ co .!:! -'3! ...,"';I;~~g;I;",~5l~ "r a. ~"""'N(Y)'VLl) 0 en ,,,- ~~"'M""'" <<>....<D"'~:::~~;!: c:z:: II: COr-tC)(T.I~;:~M-o:;t ~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 4.2 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: CASE: Z-751, 09/02; APPLICANT: Design Solutions for Archie McGirt REQUEST: R-15 Residential to R-10 Residential BRIEF SUMMARY: The property is classified as Developed by the New Hanover County Comprehensive Plan Update adopted in September 1999. Urban services are available in the area. Archmil Place utilizes County sewer and has a private water system, although City water is available nearby. Many policies in the comprehensive plan support the provision of affordable housing throughout the County. The proposed rezoning would likely become an extension of the successfully developing Archmil Place, which provides small clustered patio home lots. Development on this parcel will have to be evaluated closely, given its proximity to flood prone areas. However, since the proposed rezoning is consistent with the comprehensive Plan, consistent with the adjacent subdivision, and consistent with the character of the area, Staff Recommends Approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 9/5/02: Cindee Wolf, the petitioners Landscape Architect, and Alton Lennon, the petitioners attorney, presented the rezoning request stating that the proposed rezoning area would be a continuation of the Archmil Place Development. No one spoke in opposition. By a vote of 6-0 the Planning Board Recommends Approval. FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: N/A ATTACHMENTS: iii iii 3 Z-751 Pet Sum Z-751 sum. c ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved rezoning request 5-0. Also directed the County Manager to write a letter to the City requesting they consider connecting this subdivision to their water system. Case: Z-751, 09/02 Petition Summary Data Owner/Petitioner: Design Solutions for Archie McGirt Existing Land Use: Residential/Vacant Zoning History: April 7, 1971 (Area "4") Land Classification: Developed & Conservation Water Type: Private, City nearby Sewer Type: County Sewer Recreation Area: Myrtle Grove Park Access & Traffic Volume: 22,000 Carolina Beach Rd @ Mnky Jnctn. (2001 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Motts Creek C(SW) Aquifer Recharge Area: Transition between primary & Secondary Conservation/Historic/Archaeologic Resources: Setback from Swamp Forest Soils: Stallings, Johnston Septic Suitability: Class II (Moderate Limitations), Class IV (Unsuitable) Schools: Williams Elementary CASE: Z-751, 09/02; APPLICANT: Design Solutions for Archie McGirt REQUEST: R-15 Residential to R-IO Residential ACREAGE: 6.93Acres LOCATION: Adjacent to and south of the developing Archmil Place. LAND CLASS: Developed - The purpose of the Developed class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Most of the land within the City of Wilmington is designated as developed, except for some Urban Transition and Conservation areas. Density may exceed 2.5 units per acre within the developed class, depending upon local zoning regulations. PLANNING BOARD RECOMMENDATION 9/5/02: Cindee Wolf the petitioners Landscape Architect and Alton Lennon the petitioners attorney presented the rezoning request stating that the proposed rezoning area would be a continuation of the Archmil Place Development. No one spoke in opposition. By a vote of 6-0 the Planning Board Recommends Approval. STAFF SUMMARY: The subject property is located south of and adjacent to the developing Archmil Place Subdivision. The subject property and the Archmil Place property were originally zoned R -15 in September 1971. In 1973 less than two years after the original zoning a large R-I0 residential district was established adjacent and to the southwest of the subject property. The adjacent Archhmil Place was rezoned R-lO Residential in September 1999. Existing residential neighborhoods in the area include Arrowhead established in the early 70's, Silver Lake developed in 1958, and Silver Sands in 1970. Each of these developments contain a variety of moderate single family housing with some duplexes and mobile homes. The property is classified as Developed by the New Hanover County Comprehensive Plan Update adopted in September 1999. Urban services are available in the area. Archmil Place utilizes County sewer and has a private water system, although City water is available nearby. Many policies in the comprehensive plan support the provision of affordable housing throughout the County. The proposed rezoning would likely become an extension of the successfully developing Archmil Place which provides small clustered patio home lots. Development on this parcel will have to be evaluated closely given its proximity to flood prone areas. However, since the proposed rezoning is consistent with the comprehensive Plan, consistent with the adjacent subdivision and consistent with the character of the area, Staff Recommends Approval. ~ "> . ~ ..C~~ " <.; ~ ~ ~ ~ -08 ~~ ~ ~ ~ ... == ... .e '" c .S '5 c; CI) c ... N .. e:! ~~ ~D:"2 'I"" CO '" In :;.!!! l'T"'a. . . ~ N 11:< 8 i:' if c ~ ... J! a: ~e:i ~ " Ii:: " ~ il5 ".~ .;lI:' ~!~ ...J en ~ ~~ e I;:;..,,j ~i3 z z~ w ~~ ~ ~ ~< i3 ",en~ 0 ~ ~~ ~ ~~~~ ~~- ~ ~~w~<, <~Z20 ~~o>~w~ ~~~zc~~~mws~zw~~wo~~x ~~X...Jo~~z>cm~~~~o~~~...J...J~ i=~~~...J=~~5~ en=",xz=oc~<~ Q<~~ ~=C~~w~~iwb~~~m~W ~~~~g~~~~~~~~Q~~~~W~~~ ~--xw~w~~~~~co-~~_~__o -~~U~~~~~<~~=Q~~U8~~~m ~~~~~~~~~~c~~~~~~~~~~~ ~~N~~~~~~QS~~~~~~~~~~~ a~~~~~~~~~Q~N~~~~~~mc~ ~ ~~~~~~~~~~N~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 4.3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: S-492, 10/02 Special Use Permit for: Telecommunication Antennas on a Water Tower in an R-15 Zoning District BRIEF SUMMARY: Request by Airgate PCS for a Special Use Permit to locate antenna and associated structures on the existing Cornelia Nixon Davis water tank in a Conditional Use Office and Institutional District located at 1011 Porters Neck Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: Representatives for Airgate PCS presented their request to locate panel type antennas on top of the water tank located on the Cornelia Nixon Davis Property in Porters Neck. No one spoke in opposition. However, some Board members were concerned about the appearance of the ground facilities associated with the proposed antennas. The Planning Board voted 6-0 to recommend approval with the condition that the ground facilities shall be screened with a 6 foot high opaque fence. The petitioner has submitted revised plans showing the fence. FUNDING SOURCE: Will above action result in: Explanation: N/A ATTACHMENTS: iii iii 8 8-492 Finding of 18-492 Pet 8um ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. Case: S-492, 10/02 Special Use Permit for: Telecommunication Antennas on a Water Tower in an R-15 Zoning District PLANNING BOARD RECOMMENDATION 10/03/02: Representatives for Airgate PCS presented their request to locate panel type antennas on top of the water tank located on the Cornelia Nixon Davis Property in Porters Neck. No one spoke in opposition, however some Board members were concerned about the appearance of the ground facilities associated with the proposed antennas. The Planning Board voted 6-0 to recommend approval with the condition that the ground facilities shall be screened with a 6 foot high opaque fence. The petitioner has submitted revised plans showing the fence. Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Ogden VFD. B. Access to the site is from Porters Neck Road or Champ Davis Road. C. The antennas will be placed on existing water tower. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is located in a CD(O&I) Conditional Use Office and Institutional District Zoning District. B. Communication facilities including towers are permitted by Special Use Permit within the Office and Institutional Zoning Districts. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. B. Additional cellular service is important in emergency situations. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. B. Antennas are located on top of other water towers, and tall structures throughout the County. Case: 8-492, 10/02 Petition Summary Data Owner/Petitioner: AirGate PCS Existing Land Use: Overhead Water Storage Tank Zoning History: July 6, 1971 (Area 5), July 1992 CD(O&I) Land Classification: Resource Protection Water Type: Private Sewer Type: Private Recreation Area: Ogden Park Access & Traffic Volume: 3,200 Champ Davis Rd (2001 ADT) Fire District: Ogden Watershed & Water Quality Classification: Futch Creek (SA) Aquifer Recharge Area: Outside Primary & Secondary Areas Conservation/Historic/ Archaeologic Resources: None Soils: Kureb, Baymeade Septic Suitability: Class I (Suitable) Schools: Blair Elementary en (J ll. Ql +-' ~ OJ i ~ ~~ o ~-~ 0-> ",.~ ..z ~"'~ u " WUu nz> ;; ~ ~ 00", I~~ ~~~ [IH'l ~ ~ ~ fj ~!~ Cl.. z: - ):~i5 ~g~! O~; i~~;;;~~~ aJR~ ~ i~ L '" ~ --:QiIJI8I'f >- <D o W < U W . U z :J 0.. ~ 1i.i '" "'C""" <D I ~ (J w ~ w z w '" '" w ~ "''''- _ <D 0 "'0_ >-<( ;:; oo~ >- w li21- "- w<t ...... 0 ~ 0 o..Cl !i . "'~ '" ~N~ ~ OW ! <D <D ~ ~ It:~ ~ON U '" 0..--' .. 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C~ U) cc cc ~~~:5 ~ ~~~~5~~u1 ~~~~C5~~~ ~g55~~~~x w..<u..Lu<~c:::=:l ~~~~~~85tu a::<o<tOo~<< (j;U::6~6~~~~ff3 !::-JuZo Z2::2:::::;: ~~~~~Q~~~~ "Vi;;;;:c..wc....Q..Wwz:::!: ~w::t2::E~::zI-WLi.J -C<Cct::<cc:(a:O':'ww Q;C!l::t:ax:r:ooc::o:: .J:Joouuuua..-u:5c.D .!5! ~~ !~ J~ 1 '" {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 4.4 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: CASE: Z-753, 10/02; APPLICANT: Golden Road Group LLC REQUEST: R-15 Residential, B-2 Business & CD(B-1) TO B-2 Highway Business BRIEF SUMMARY: Request by Golden Road Group, LLC to rezone approximately 4.77 acres of property from a combination of R-15, B-2 and CD (B-1) to Conditional Use B-2 Highway Business located at 6315,6331 and 6339 Carolina Beach Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 10/3/02: The petitioner presented his request to locate two flex space buildings in a conditional use Highway Business District. The Board, Staff and the petitioner discussed the specific uses for the flex space buildings and reviewed the site plan. One person from the church adjacent to the subject property inquired about the uses as well. Ultimately the Board voted 4-2 to recommend approval with 4 conditions: 1) Phase I or the northern parcel shall remain CD(B-l), 2) Access shall be limited to the two driveways shown 3) Trees along the frontage shall be preserved, 4) A list of specific uses shall be submitted and no outside storage may occur onsite. The petitioner has provided a specific list of uses and revised the conditional use site plan to reflect comments and concerns discussed at the Planning Board meeting. FUNDING SOURCE: Will above action result in: Explanation: N/A ATTACHMENTS: iii iii iii 5 Z-753 Finding of I Z-753 Pet Sum Z-753 Sum.c ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved rezoning 5-0. Approved the conditional use permit with attachments 5-0. Case: Z-753, 10/02 Special Use Permit for: Flex Space Buildings & Church in a Conditional Use B-2 Highway Business District Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. . The subject property is located within the Myrtle Grove VFD. . Access to the site is from a private right of way which has direct access to Carolina Beach Road which is classified as an arterial road by the New Hanover County Thoroughfare Classification Plan. . The site will be served by public water and sewer. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. . A site plan which can meet the requirements of the ordinance has been submitted. Setbacks, landscaping, buffering, stormwater management and tree preservation can be accommodated. . There are two flex space building totaling 25,000 square feet and 74 parking spaces proposed. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. . No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. . The petitioner has an interest in several of the nearby properties. . A variety of commercial and institutional uses are located nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. . The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. . Comprehensive Plan policies advocate concentrating commercial uses at major intersections. The southern part of the county has grown making the Golden Road intersection a more viable location for commercial uses which serve local markets. Planning Staff Comments: 1) The entrances from Winds Ridge Drive to the parking areas are fairly close to the main access from Carolina Beach Road. 2) There are some multi trunk live oaks fronting Carolina Beach road, existing elevations should be maintained as much as possible to protect these trees. 3) No additional driveway permits. Case: Z-753, 10/02 Petition Summary Data Owner/Petitioner: Design Solutions for Golden Road Group LLC Existing Land Use: Church & Vacant Property Zoning History: April 7, 1971 (Area 4) Land Classification: Resource Protection Water Type: County Water nearby Sewer Type: County Sewer nearby Recreation Area: Veterans Park Access & Traffic Volume: 1,800 Golden Rd (2001 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Everett's Creek Aquifer Recharge Area: Shallow Water Table Conservation/Historic/ Archaeologic Resources: None Soils: Kureb, Rimini Septic Suitability: Class I (Suitable), Class I (Suitable Schools: Bellamy Elementary CASE: Z-753, 10/02; APPLICANT: Golden Road Group LLC REQUEST: R-15 Residential, B-2 Business & CD(B-1) TO B-2 Highway Business ACREAGE: 4.77 ::I:: Acres LOCATION: 6315,6331,6339 Carolina Beach Road North of Golden Road. LAND CLASS: Resource Protection - The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. Residential density shall not exceed 2.5 units per acre. PLANNING BOARD RECOMMENDATION 10/3/02: The petitioner presented his request to locate two flex space buildings in a conditional use Highway Business District. The Board, Staff and the petitioner discussed the specific uses for the flex space buildings and reviewed the site plan. One person from the church adjacent to the subject property inquired about the uses as well. Ultimately the Board voted 4-2 to recommend approval with 4 conditions: 1) Phase I or the northern parcel shall remain CD(B-l), 2) Access shall be limited to the two driveways shown 3) Trees along the frontage shall be preserved, 4) A list of specific uses shall be submitted and no outside storage may occur onsite. The petitioner has provided a specific list of uses and revised the conditional use site plan to reflect comments and concerns discussed at the Planning Board meeting. STAFF SUMMARY: The subject property is comprised of the front or western portion of several parcels of vacant land fronting on Carolina Beach Road beginning 230 feet north of Golden Road and extending north approximately 737 feet. The Oceanway Assembly of God Church occupies the southern parcel and the remaining parcels are sandwiched between the church and the Ten Mile Post Gift Shop. The rear or eastern portion of one of the parcels is slated for the development of Winds Ridge Subdivision, which is an attached townhouse performance residential project. The petitioner is requesting a Conditional Use B-2 Highway business rezoning to construct two flex space buildings totaling 25,000 square feet. Commercial zoning was established in this location when the area was first zoned 1971. The original zoning established a 300-foot deep B-2 highway business district on the west side of Carolina Beach Road, which extended 2200 feet south. The original B-2 district was also established at the Golden Road intersection extending 300 feet to the north and south. Since the original zoning in 1971, several rezoning and special use permit applications have been heard for properties around this intersection. In 1979 the Ten Mile Post Gift Shop was established by Special Use Permit in an R-15 district. The 16::1:: acre parcel currently approved for Winds Ridge Subdivision was denied a B-2 rezoning in 1984. The Ten Mile Post was also denied a strait rezoning in 1994 before it was considered for Conditional Use Zoning. The most recent zoning case on the East side of the road was to change a Conditional Use district back to Residential. The zoning on the west side of Carolina Beach Road between Cathay Road and Pilots Ridge has been the subject of as many special use permits and rezonings as the east side. Ultimately resulting in a variety of commercial and institutional uses in close proximity. The eastern side of Carolina Beach Road is classified by the 1999 Comprehensive Plan Update as Resource Protection. The Resource Protection Classification generally includes lands that are within watersheds of tidal creeks, therefore impervious surface coverage and water quality are critical concerns. Comprehensive Plan policies do not specifically prohibit commercial uses in the Resource Protection Classification provided that important resources are not adversely impacted. While there is a concern that extending the commercial district to the north would establish a precedent for future rezonings along this stretch of Carolina Beach Road, the proposed Flex Space Buildings would be compatible with the surrounding land uses and consistent with the purpose of Conditional Use Zoning as a transition. Therefore, Staff Recommends Approval. ~f ; fi liJ~ itj 0~ - l~~ ~!l .If ~h i!li! m 1 Ill." j 3 ~S:!i<ll - ~ =81 ~ ! I 5!l D!. I I ~ m ~ i ! I ~ J" j~f is . Iii 1 "' ."t12 ~ I~~J ~ ~ 1.-f! ~~~;: .lJ~j l~t..~~ ~I"o_o " ' ~. Ji' i~j t; I' J~ I :! '".ff ;' U , ~-.<. t' ',1 ' d i1 l~ilJ ~i f'"~! j! JI1"!'; ". ,.... *: ']jIJ I:; ~,~~ !~t;,... f' l' H' ij ~~_~ !i1~"~R l' nI:~H ~i ~ T !j ttll:1t :! j ii~! ~l ~li' JI ~~. 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Ci C!J '2 '" ~ ~ ~ ~ ~ ~~ ... ~ ~ ~~ ~'CD C - -g ~ ~~ (1;1 ",,--.0"" i l.L (n a~ ~ ~5 ~ .E wGJ UI ~ ~E --.J~ c: en U z= O(,J :::;ec:a: ~ ~ =:!: :::;~ :j:j~z>-I=~ = ~ Q~~~ ~~~~:j~~ o i3 ::J-:;;;::::; ~;:)-n-:J ~ o ~~5~~g ~~~~O~~ c: ~~ou~~~m~~Cm~W~ ~ N-~ i~~~~~~j~~~~:3ffi* _ cC ~ ,g525~:7!F:iil~~~~31G:;Z ~ C~ ~~;;:~~~i5i2ffiffi~~"'~~ ~ U'j; :gNgt;:...~~~:J:J1lJ~~:i~ ~ .s.~ E;!...."-O<!l::;;~:;;!g~CJ::2ii5;;i~ ~ ~"E. 1;......~(fJ'VI.()<<:>t'-..CD O......(\JM"'It N a:~ ~~"'M"""",ID""":;:;:;::;;:;~ ?-...-..-'!'""":;::: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 4.5 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Baird Stewart Item Does Not Require Review SUBJECT: Case: S-387, 09/02 Special Use Permit for: A Convenience Food Store / Tea Shop In an R-15 Zoning District BRIEF SUMMARY: Request by Amanda Smith to modify an existing Special Use Permit for a Pet Grooming operation to a Convenience Food Store/Tea Shop in an R-15 Residential District located at 7903 Myrtle Grove Road. RECOMMENDED MOTION AND REQUESTED ACTIONS: PLANNING BOARD RECOMMENDATION 09/05/02: The petitioner, Ms. Smith, presented the request and provided some history about the structure and land use. No one spoke in support or in opposition. The Planning Board was concerned about this request establishing a precedent for commercial zoning along Myrtle Grove Road and south along Carolina Beach Road. The Board voted 6-0 to recommend Denial. FUNDING SOURCE: Will above action result in: Explanation: N/A ATTACHMENTS: iii iii 4 8-387 Finding of 18-387 Pet 8um ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Continue to December 2,2002 meeting. Approved 5-0. Case: S-387, 09/02 Special Use Permit for: A Convenience Food Store / Tea Shop In an R-15 Zoning District PLANNING BOARD RECOMMENDATION 09/05/02: The petitioner, Ms. Smith, presented the request and provided some history about the structure and land use. No one spoke in support or in opposition. The Planning Board was concerned about this request establishing a precedent for commercial zoning along Myrtle Grove Road and south along Carolina Beach Road. The Board voted 6-0 to recommend Denial. Preliminary Staff Findings 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. . The subject property is located within the Myrtle Grove VFD. . The site is served by individual well and septic. All restroom, kitchen and eating facilities will have to meet minimum health codes. . Access to the site is from Myrtle Grove Road . There is an existing special use permit for a Pet Grooming Facility at this location. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. . The site is located in an R-15 Residential Zoning District. Convenience food stores are permitted by Special Use Permit within the R-15 Residential Zoning District. . Required conditions of the zoning ordinance can be met. . No new structures are proposed. . No fuel sales or auto repair type services are permitted. The proposed convenience store use is to sell specialty breads, crackers, cookies, coffee, tea and some associated accessory items. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. . No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. . Historically the site has been used for non-residential purposes including small engine repair and most recently as a pet grooming facility. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. . The New Hanover County Comprehensive Plan classifies the site as resource protection. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. . No Structural expansions are proposed. ST AFF COMMENTS: 1. The proposed convenience store shall only be used to sell specialty type food items and accessories and shall not be converted into a standard Convenience store. Case: 8-387, 09/02 Petition Summary Data Owner/Petitioner: Amanda Smith Existing Land Use: Pet Grooming Zoning History: April 7, 1971 (Area "4") Land Classification: Resource Protection Water Type: Private Sewer Type: Septic Recreation Area: Veterans Park Access & Traffic Volume: 3,300 Myrtle Grove Road (2001 ADT) Fire District: Myrtle Grove Watershed & Water Quality Classification: Myrtle Grove Sound Aquifer Recharge Area: Shallow Water Table Conservation/Historic/ Archaeologic Resources: none Soils: Baymeade Septic Suitability: Class II (Moderate Limitations) Schools: Bellamy Elementary 7/C[;tJe42~ L(s~'_ .. ' / () .:) e.1I /2C}S J (! cok I es' (! fa cktJ ($ I C!- (' U. fr\ p~~ : .::i Pr:?(! i[L I'!-~{ 3 (C~4.~ { Q: j~ cd E Oih-e r _CD, hu I'e n-']. i ood $". {:} 1:;5 tJ C.['lPr; eS ~ (l \I d <{J 0\"" 1-<2. G (I C:JE ~ [) (2'I'e'S E ._ ~ T ..". . ~'.. .~ ). ~ ' ~,~ - ' r. (Jl b> '" . .J J ~ - ~ f' ~ p,) . .~~~ ~ !, "c' ... .~,. '. . '.. ~. . . l . . r . ] " . ....... . '"i .. ",-,','-7 .__ ~__ ~~:L,") ~- ..,Il....\\~.,' \", ~o-J- - - . - _,"fO..... ., ~_ '\ I f\ I' ~~ ~-~------- - - --- ..-(".") r) J l' \<"t: n, ,ue 'I i!.C _... /- lc'O()CC1€( .)-, L,J .11 . y'1oi . . I r.-_ ''l(.: S\c('-€.-) 1 (!I.\. ~) 1\.) f o \ ,'.2.' ['I 2- 1[t\\\Y;J: s~~ ('~=c~~s;: IC() ~ ,~{; .f'e" I L,,/), I. ""\;-\ J" l ' ,-' (b 3-S ;~Y" .~(\I\ k) /H\ )0' ~ l~ b. J (l.... ,"0 ,..... ''"'r) t, \)'" fq)l,l ~C('"J ~ .; ~_:f{l~ \,I\~ \\\~i-4 \~~jC~\J: ~ l,) \2(\~ \'H\-eP)"e(l~\~y\ [.L ,i. ~ ~ L\:}\ dfiltih- f s- '1) D :S:~f. bpQkc,; - ;j€.e. IV1- ~ '~ \ D l. (1t is, - , \ f ~) ',.. ~ ij J ~ ..J ., I ~ I.) W' It) . a: '!1 '" .~.~f T 1l ~ '" '" ,. :!!! ~ '" ~1 a..m ~O co '" :z: ~ '" :g ~:i: :!.~ .t~ II ~i~ Nii I - :E 'E rn ",,,, ....11:1 Oe -.. Ci) ~ .~ E E:! ~ CC me.. .. .~'E r--. e '" co ~.!::! ~ ea.. rn~~ :;;: t;jc3 --I a:~ ~ z:~~ ~ ~--Io;( w(E1:C <<:<<: ~ '" ....c;:Z ::2:.:::z: QJWOU <0 ~~w.:Ji:3> g::e~~>~~ ~aJ::iE~~:J::I: ~ffi~g:~t:t:: ~~u:;t:;~~ '"E:T"""('JC"J''It"U";Ico ~T"""Nr")""f"i.nCC 0: {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Regular Item #: 4.6 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess Item Does Not Require Review SUBJECT: SN-93, 11/02 Applicant: County Parks Advisory Board Road Renaming BRIEF SUMMARY: The applicant is interested in renaming the entire length of Veterans Drive that extends from Carolina Beach Road west to its intersection with River Road. The renaming to Halyburton Parkway encompasses a length of approximately 1.6 miles and is maintained by the County. Presently, this access serves several new schools, a residential subdivision and apartment complex which is under construction. RECOMMENDED MOTION AND REQUESTED ACTIONS: The New Hanover County Parks and Recreation Advisory Board has recommended that the road running through Veterans Park be named after Mr. Halyburton in keeping with the theme already established in Veterans Park. Halyburton Parkway has been approved by the County's E-911 Center. To date, several residents in the Heritage Woods development have voiced concern over the proposed renaming. They have suggested that other facilities near the Veterans Park campus be named after Mr. Halyburton. If the renaming is adopted by the Board, address changes will need to be made by the apartment complex and the existing schools. Typically, the County has allowed a two to three month grace period to make necessary changes. The County will install new street signs. FUNDING SOURCE: Will above action result in: Explanation: N/A ATTACHMENTS: 2 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Continued to later meeting. CASE: SN -93, 11/02 APPLICANT: County Parks Advisory Board SUBJECT: Road Renaming - Veterans Drive to Halyburton Prkwy LOCATION: Near 6400 Block Carolina Beach Road (West side) Staff Summary The applicant is interested in renaming the entire length of Veterans Drive that extends from Carolina Beach Road west to its intersection with River Road. The renaming to Halyburton Parkway encompasses a length of approximately 1.6 miles and is maintained by the County. Presently, this access serves several new schools, a residential subdivision and apartment complex which is under construction. William D. Halyburton, Jr. was one of four Medal of Honor recipients who spent most of his life in New Hanover County. The New Hanover County Board of Education has named two new schools at Veterans Park after Medal of Honor recipients who also resided in the County. An elementary school is still planned for the site. Several individuals in the County have suggested that Mr. Halyburton be honored in the same way. Staff Comments The New Hanover County Parks and Recreation Advisory Board has recommended that the road running through Veterans Park be named after Mr. Halyburton in keeping with the theme already established in Veterans Park. Halyburton Parkway has been approved by the County's E-911 Center. To date, several residents in the Heritage Woods development have voiced concerned over the proposed renaming. They have suggested that other facilities near the Veterans Park campus be named after Mr. Halyburton. If the renaming is adopted by the Board, address changes will need to be made by the apartment complex and the existing schools. Typically, the County has allowed a two to three month grace period to make necessary changes. The County will install new street signs. ~ -'C 11:"'1:1 <=- .g~ ll= """ ... ",_ CI.. :1:0 ct: .s.~ Cl .... > U co ~~ ~ ~ Ccn W ...... ~.:.: ~ ~ ~:a 0<( to'] ~o.. ~~ ~ N i:;,~ .,,:3wi=~i=i= ~.: 5 ~;;!:~P3~~~ ,... E 0 ::.:::~a::Z:U')zz ,.. ~~ ~~~~~~~ ri ~'E ];@=!~z:;::;: ~ 'lG.2 ~ CI..:z;Ji~~ z: ~"E. ~T"""N~VLt)(C CI) C;;~ ~"-~{"')VLOo:g ~ '" i i _r: ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ J.OOi ~ {This page intentionally left blank} MEETING OF THE WATER AND SEWER DISTRICT ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ITEMS OF BUSINESS Page No. 1. Non-Agenda Items (limited to 3 minutes 2. Approval of Minutes 55 {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell Item Does Not Require Review SUBJECT: Water & Sewer Agenda BRIEF SUMMARY: Approve the following sets of minutes: Regular Meeting, September 16, 2002 Regular Meeting, October 7, 2002 Regular Meeting, October 21, 2002 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve minutes COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 59 2. Approval of Adoption of SR-2 Resolution Requesting the Addition of Ogden Park 61 Drive and Roads in Farrington Farms Subdivision 3. Approval of Ratification of Proclamation Declaring November 10,2002 as 67 "Westfield Works Wonders Day" in New Hanover County 4. Approval of Proclamation for Adoption Awareness Month 69 5. Approval of Grant Received from State Board of Elections 71 Approval of Budget Amendments 6.1 #03-0060 75 6.2 #03-0061 77 6.3 #03-0062 79 6.4 #03-0063 81 6.5 #03-0064 83 6.6 #03-0067 87 6.7 #03-0068 89 6.8 #2003-13 91 {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell Item Does Not Require Review SUBJECT: Consent Agenda - Approval of Minutes BRIEF SUMMARY: Approve the following sets of minutes: Regular Meeting, September 16, 2002 Regular Meeting, October 7, 2002 Regular Meeting, October 21, 2002 Closed Session, October 7,2002 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. FUNDING SOURCE: Will above action result in: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Approve minutes. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with the exception of the Closed session minutes. Those held until a later date. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Lucie Harrell Contact: Lucie Harrell Item Does Not Require Review SUBJECT: Adoption of SR-2 Resolution requesting the addition of Ogden Park Drive and roads in Farrington Farms Subdivision BRIEF SUMMARY: NCDOT has notified the County that they are considering adding the following roads to the State Road System: Ogden Park Drive West and Ogden Park Drive East (929-N) Farrington Farms Drive, Daybreak Lane, Olde Well Loop, Myric Court and Buckhurst Court in Farrington Farms Subdivision (971-N) RECOMMENDED MOTION AND REQUESTED ACTIONS: NCDOT has requested the Board to adopt the standard SR-2 Resolution requesting the addition of the roads. FUNDING SOURCE: Will above action result in: Explanation: ATTACHMENTS: SR-1 Forms and Letters from NCDOT ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GOVERNOR SECRETARY October 10, 2002 Ms. Lucie F. Harrell New Hanover County Commissioners 320 Chestnut Street Wilmington, North Carolina 28401-4093 Dear Ms. Harrell: This office is considering the addition of 1076.62' of Ogden Park Drive West and 735.82' Ogden Park Drive East (Division File No: 929-N) to the state system. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road name for our further handling. If I may be of further assistance, please advise. Very truly yours, t>t~ Daniel R. Cumbo, P.E. District Engineer DRC:mjd Attachments Cc: Scott E. Cooke, P.E., New Hanover County Maintenance Engineer 124 Division Drive, Wilmington, N.C. 28401 (910)251-2655 Fax: (910)251-2759 DIVISION 3 APR 2 8 i993 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolina County of New Hanover Petition request for (check one): Addition to State System (.--( Paving ( ) Maintenance Improvement ( ) We the undersigned, being propel"tf owners on OG.!JW PfiR..}( hRJIJE. (Describe or give local name or Secondarj Road Number) in New Hanover County do hereby request the Division of Highways of the Department ofTransportation to 1/}fl TO 71:!( SI~:N srCJVf the above-described road. We further advise that the road requested to 1J(j G is 0.25 miles in length and at the present time there are occupied homes located on the road and having entrances into the road. Finally, we agree to dedicate to the Division of Highways a right-of-way of the necessary width to construct the road to the minimum construction standards required by the Division of Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Oivision of Highways. REil,1ARKS Four copies of recorded subdivision plat enclosed if applicable. PROPERTY OWNERS NAME MAl LING ADDRESS TELEPHONE The Division of Highways should contact the first petitioner listed below: NRil T,p,,,;r;c:: New Hanovpr r'nllnt-y Pi'lrk-c::n"',:",rirrmpnt- "3ill 7199 Revised Form SR-1 (5-83). All previous forms obsolete. ?;:q-/,/- STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GOVERNOR SECRETARY October 10, 2002 Ms. Lucie F. Harrell New Hanover County Commissioners 320 Chestnut Street Wilmington, North Carolina 28401-4093 Dear Ms. Harrell: This office is considering the addition of 2162.10' of Farrington Farms Drive, Daybreak Lane, Olde Well Loop, Myric Court and Buckhurst Court in Farrington Farms Subdivision (Division File No: 971-N) to the state system. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road name for our further handling. If I may be of further assistance, please advise. Very truly yours, f;JfZ~ Daniel R. Cumbo, P.E. District Engineer DRC:mjd Attachments Cc: Scott E. Cooke, P.E., New Hanover County Maintenance Engineer 124 Division Drive. Wilmington, N.C. 28401 (9] 0)251-2655 Fax: (910)251-2759 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PETITION FOR ROAD ADDITION FORM SR-I REVISED 1-99 , ~I NaV_2.2.~ ROADW A Y INFORMA nON: (Please Print) Coumy: N e LU H- cn, () ve r Road Nar:1e: F-fl r r ;"i:l !-c. I' r:::rrrn s- ]) ri '/<::- dncl C) tt..e;:s', (Please list ad onal meel names and lengths on the back of this form.) Subdi vision Name: . Fc r r I c:J +c ^ r:<./I fVl <} Se c+; 011 <; I 1-" fD,IJ1 Length (miles): 0,.323 ~umbe~ of occupied homes having street frontage: 1/4-- Location: (), "3 {, miles N S@)W of the intersection of Route (Circle one) US/7 (S R, NC or US) and Route S K ZO..d.-S (Sit, NC or US) \lie. the undersigned, bemg property owners and/or developer of Fl ( r i':.:J !-c'I"\ :for fYl5' / <;;: eft ':'/1.5 ;f,;J, tf.J- in New I+CltlCt:e'- County, do hereby request the Division of~ighways to add the above described road. CO NT ,'..CT PERSON: Name and Address of First Petitioner. (Please Print) \'ame I-fnL<..h-i rei Res I)} L, B- / Street .-\ddress: 3/':J {(It! rlid- <: -:-rt: ef (, I: I,..., /"c, ~'" ~'.J Phone Number:(Z/t )-:S43-8c)O L lie _ ZS'4{) ( '.lailing.-\ddress: SC(rYl'-- CC~ <:7/7(,1/<::' PROPERTY OWNERS MAILING ADDRESS NA:YlE G rr.v r. / ( r,'1", /: f~f~w /le' C 2f-/-4) C TELEPHONE /7/C-)-=))S--Z-7Z3 ! f:\ 1'. l I . i ~ I \ IJ\ I \ \ J ) \ R'r-" .', D1ST ' -," :~ NOV 2 3 1999 ~"1 J.;. ~~-.,-......... ~ ~ /_ _..........,;ft {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Consent Item #: 3 Estimated Time: Page Number: Department: Governing Body Presenter: Tammy Hopkins Contact: Tammy Hopkins Item Does Not Require Review SUBJECT: Consent Agenda - Ratification of Proclamation Declaring November 10, 2002 as "Westfield Works Wonders Day" in New Hanover County BRIEF SUMMARY: Ratify a proclamation declaring November 10, 2002, as Westfield Works Wonders Day in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: . Adopt proclamation. resolution- Independenc FUNDING SOURCE: Will above action result in: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Ratify proclamation. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION WHEREAS, on November 10,2002 from 6-9 P.M., Westfield Shoppingtown Independence will host Westfield Works Wonders, an annual corporate charity event; and WHEREAS, last year, nationwide thirty-nine Westfield malls generated 1.7 million dollars for over 1,000 different non-profit organizations; and WHEREAS, last year locally over fifty-four charities participated and more than 54,000 dollars was generated for non-profit organizations in the Wilmington area; and WHEREAS, New Hanover County is pleased to endorse Westfield Works Wonders as a charity extravaganza that will support over fifty-four local non-profit organizations; NOW, THEREFORE, BE IT RESOL VED, that the New Hanover County Board of Commissioners does hereby proclaim November 10, 2002 as Westfield Works Wonders day in New Hanover County and salutes the non-profit groups who participate to enhance their service to the entire community. Adopted this the ih Day of November, 2002. Ted Davis, Jr., Chairman Attest: Lucie F. Harrell, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Consent Item #: 4 Estimated Time: Page Number: Department: DSS Presenter: Wanda Neidig Contact: Wanda Neidig SUBJECT: Adoption Awareness Month BRIEF SUMMARY: The Governor has proclaimed November as Adoption Awareness Month in North Carolina to recognize the value of adoption for children in need of permanent homes with loving families. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board of Social Services unanimously voted to request that the Board of County Commissioners proclaim November as Adoption Awareness Month in New Hanover County. Proclaim November as Adoption Awareness Month in New Hanover County. FUNDING SOURCE: Will above action result in: Explanation: N/A ATTACHMENTS: . adoptproc .11 REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMA TION WHEREAS, all children need love, support, security and a place to call home; WHEREAS, in the County of New Hanover, 366 children live away from their families in substitute care; WHEREAS, many of these children cannot return to their birth families and need the security and nurturing that a permanent family can provide; WHEREAS, adoption is the plan for permanency for 143 of these children; WHEREAS, nearly all of these children have special needs because of physical or mental or emotional disabilities, because they must be placed as a sibling group, because they are minorities, or because they are older; WHEREAS, between July 1,2001, and June 30,2002, thirty six New Hanover County children with special needs were permanently placed into adoptive homes; WHEREAS, there are families able and willing to adopt children with special needs; and WHEREAS, children waiting for adoptive parents, and families who have adopted these children require and deserve community and public agency support; NOW, THEREFORE, the New Hanover County Board of Commissioners, does hereby proclaim November 2002 as "ADOPTION AWARENESS MONTH IN NEW HANOVER COUNTY." In honor of this event, we encourage citizens, community agencies, religious organizations, businesses and others to celebrate adoption, honor the families that grow through adoption and focus attention on those children who live with the burden of an uncertain future while they await permanent families. Adopted this the _ of November 2002. Ted Davis, Jr. Chairman Attest: Lucie F. Harrell, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Consent Item #: 5 Estimated Time: Page Number: Department: Elections Presenter: Contact: Len Chamblee SUBJECT: Grant received from State Board of Elections BRIEF SUMMARY: Elections has received a grant in the amount of $5,508 from the State Board of Elections to help fund the establishment of additional one-stop absentee voting sites. The funds will be used to offset temporary salary costs incurred for this service. No County match is required and no new County positions are required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend acceptance of the grant and request approval of associated budget amendment #03-0065. FUNDING SOURCE: Will above action result in: c) No Change In Position(s) Explanation: ATTACHMENTS: . ba03-0065.w REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment DEPARTMENT: Elections BUDGET AMENDMENT #: 03-0065 ADJUSTMENT DEBIT $5,508 CREDIT State Board of Elections Grant Temporary Salaries $5,508 EXPLANATION: To budget grant received from State Board of Elections for One Stop Absentee Voter Site. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners State of North Carolina Office of the State Controller Michael F. Easley Governor Robert L. Powell State Controller OCTOBER 15,2002 NEW HAi"{OVER COUNTY BOARD OF ELECTIONS 24 N THIRD 5T R1'\I 101 WILMINGTON NC 28401 Dear Siril',.1adam: Enclosed is a copy of the Payment Verification Form. The North Carolina Office of the State Controller received this information from the state government agency that is paying you for goods or services that you provided. This form is to confirm that this information is correct. Please correct any information on the form that is not correct and complete the remaining blanks on the form, if applicable. Then return the form to the address on the top of the form, or fax to (919) 981-5561 as soon as possible. This will assure that any future payments will be correct. If you do not complete and return the form to us within 60 days, you will receive a duplicate form. Completing and returning this form will not affect your Social Security payments, tax refunds, welfare checL, AFDC checks or any other entitlement checks. If you have any questions about this form, please call (919) 875-HELP (4357) and state that you have a question about the Payment Verification Form. If you have questions about your payment, please contact the State agency with which you are doing business. The State Controller's Office controls the accuracy of these files but does not have information about your payment. Businesses cannot substitute a W-9 for this form. Your cooperation IS greatly appreciated. Sincerely, ~~ Annie N. Thompson Manager, NCAS Support Services Attention Vendors! Vendors that regularly receive payments from State agencies may choose to have payments deposited electronically. Instructions and the form are located at \\!WW.osc.~tate.nc.us/vendorepavform . The Payment Verification Form on the back of this letter must be returned to verify information in our central files even if you do not choose to have payments deposited electronically. 1425 Mail Service Center - Raleigh, North Carolina 27699-1425. Telephone (919)875-4357 State Courier 56-50-10. FAX 919-981-5561 An Equal Opportun;ty'Affirmative Action/Americans Witll Disabilities Employer State Board of Elections 506 North Harrington Street Raleigh, North Carolina 27603 ONE-STOP SITES County: New Hanover Person Completing Form: Len Chamblee E-mail address: lchamblee@co.new- Telephone #: (910) 341-4058 hanover.nc.us List One-Stop Sites: New Hanvper County Senior Center Northeast Library Election Board Lobby Itemization of Request Cost Salaries: Senior Center 480 @ 8.50/0 X3 $1224.00 Northeast Library " I 1224.00 T Election Board Lobbv 1200X8.50;o X 13 3060.00 Total: $5508.00 Provide name of County Financial Officer who will provide the accounting of funds: Dottie Ray, Grants Manager A report of expended funds must be provided to the State Board of Electio 2002. Attach to this form the procedures to be followed for additional 0 s ) Date NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment Consent Item #: 6.1 Estimated Time: Page Number: DEPARTMENT: Aging/Senior Center/Administration/Property Management BUDGET AMENDMENT #: 03-0060 ADJUSTMENT Aging/Senior Center: Other DEBIT CREDIT $5,362 Administration $3,700 Property Management: Departmental Supplies $1,662 EXPLANATION: To budget donations to fund a temporary switchboard position for ten hours per week and fund one-half the cost of an ice maker for the Senior Center nutrition site. Donations are from citizens using the services provided by the Senior Center. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0, {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment Consent Item #: 6.2 Estimated Time: Page Number: DEPARTMENT: Social Services/Temporary Aid to Needy Families (TANF) Assistance BUDGET AMENDMENT #: 03-0061 ADJUSTMENT Work First Family Assistance (WFFA) County Issued Checks DEBIT $70,000 CREDIT Work First Diversion Assistance $70,000 EXPLANATION: To budget additional Work First Family Assistance (WFFA) federal dollars. No additional County funds are required. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment Consent Item #: 6.3 Estimated Time: Page Number: DEPARTM ENT: Public Health/Health Check BUDGET AMENDMENT #: 03-0062 ADJUSTMENT Partnership For Children Grant DEBIT $5,250 CREDIT Salaries and Wages Social Security Taxes Retirement-Local Govt. Employee Long-Term Disability Insurance Departmental Supplies Employee Reimbursements Employee Reimb.lUniforms Training & Travel $6,249 $400 $200 $20 $1,319 $250 $150 $100 EXPLANATION: To budget additional Partnership For Children Grant funds for the Health Check Program. Total grant funds received to date are $20, 250. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. Arr1aJT\ ~11'l[rr - c5m,'. -art; f:J"fij It!u - ___NEW HANOVER COUNTY ___ David Rice NHC Health Department 2029 South 17th Street Wilmington, NC 28401 September 16,2002 Dear David, This letter is to inform you that the Board of Directors of the New Hanover County Partnership for Children is extending the Direct Service Provider contracts for three months. Contracts for the Child Care Nursing Program and Health Check Coordination which are to expire September 30, 2002 will be amended to expire on December 31 st. Health Check Coordination funding will be increased by $10,125, to a total of$20,250 and Child Care Nursing Program will be increased by $41,375, to a total of$82,750. Until the state budget is finalized, we ask that you continue to be conservative in spending due to this uncertainty. Thank you to you and your staff for all that you do within our community to support the Partnership and the well-being of young children. Sincerely, ~/Uh~ Janet Nelson Executive Director c. Janet McCumbee OFFICE 3001.B Wrightsville Avenue, Wilmington, NC 28403 PHONE 910-815"3731 FAX 910.815.3733 EM.~IL nhcpfc@newhanoverkids.org - ~~-~-,. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment Consent Item #: 6.4 Estimated Time: Page Number: DEPARTMENT: Public Health/Partnership For Children BUDGET AMENDMENT #: 03-0063 ADJUSTMENT Partnership For Children Grant DEBIT $32,750 CREDIT Salaries and Wages Social Security Taxes Retirement-Local Govt. Employee Long-Term Disability Insurance Telephone Expense M & R - Equipment Printing Charges Departmental Supplies Dues & Subscriptions Employee Reimbursements Employee Reimb.lUniforms Training & Travel $35,625 $2,000 $1,000 $80 $120 $100 $250 $3,460 $25 $500 $500 $1,000 EXPLANATION: To budget additional Partnership For Children Grant funds. Total grant funds received to date are $82,750. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. c[Wi~ - ___ NEVV HANOVER COUNTY___ -/~rnart-\ C~ii 8," / [j' ~[f David Rice NBC Health Department 2029 South 17'""' Street Wilmington, NC 28401 September l6, 2002 Dear David, This letter is to inform you that the Board of Directors of the New Hanover County Partnership for Children is extending the Direct ServIce Provider contracts for three months. Contracts for the Child Care Nursing Program and Health Check Coordination which are to expire September 30, 2002 will be amended to expire on December 31 sC Health Check Coordination funding will be increased by $10,125, to a total of$20,250 and Child Care Nursing Program will be increased by $41,375, to a total ofS82,750 Until the state budget is finalized, we ask that you continue to be conservative in spending due to this uncertainty, Thank you to you and your staff for all that you do within our community to support the Partnership and the well-being of young children, Sincerely, ~ /td<J~ Janet Nelson Executive Director c. Janet McCumbee OFfICE 3001-B Wrightsville Avenue. \\'ilrnington, NC 28403 !'HO\E 910-815-3731 [,IX 910-815-3733 F\JIIL nhcpfc@'rH'whanoverkidsorg - '....".~, ' NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment Consent Item #: 6.5 Estimated Time: Page Number: DEPARTMENT: Public Health/Smart Start For Asthma BUDGET AMENDMENT #: 03-0064 ADJUSTMENT Partnership For Children Grant DEBIT $6,500 CREDIT Salaries and Wages Social Security Taxes Retirement-Local Govt. Employee Long-Term Disability Insurance Medical Insurance Expense Printing Charges Departmental Supplies Employee Reimbursements Training & Travel $1,455 $686 $50 $125 $7,822 $576 $352 $16 $50 EXPLANATION: To budget balance of FY 02-03 Smart Start For Asthma Grant award. Total amount of grant is $13,000. An amount of $6,500 was included in the FY 02-03 adopted budget. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. , W ACHOVIA GRANT NEW HANOVER COUNTY PARTNERSHIP FOR CHILDREN 300l-B Wrightsville Avenue, Wilmington, NC 28403 Telephone: (910) 815-3731 Fax: (910) 815-3733 LETTER OF AGREEMENT Grant # 3-23-3-03-0997 PERIOD OF GRANT: July 1, 2002 to December 31, 2002 RESOLVED: That the New Hanover County Partnership for Children, hereinafter referred to as the "Local Partnership", grants $13,000 to the New Hanover County Health Department, hereinafter referred to as the "Grantee", for Healthy Homes-Asthma Management. Healthy Homes-Asthma Management will employ one half time nurse, salary and operating expenses, to provide prevention, education and intervention services to preschool children with asthma, their families and child care providers. Home assessments will be offered to look for asthma triggers and low cost or free intervention services wiIl be provided to families. This grant is herewith acknowledged and accepted for payment for the activities specified above and the foIlowing conditions: 1. The grant will be used only for the purpose specificalIy set forth above. Any portion of the grant not used for these purposes will be repaid to the Local Partnership. 2. Reports will be submitted by Grantee on the manner in which the funds are spent and the progress made in accomplishing the purpose of the grant. These reports will be due to the Local Partnership on the foIlowing dates Quarterly Reports Due: October 11,2002 and January 10,2003 3. The total payment under this Contract shall not exceed $13,000 (Thirteen thousand dollars). Upon execution of this Contract, the Direct Services Provider may request and, upon approval by the Local Partnership, receive an advance of no more than two months operating expenses including start-up expenses approved by the Local Partnership. The amount of this advance is to reflect actual expenses anticipated for the upcoming two-month period. Monthly payments shall be made based on actual expenditures incurred in accordance with the approved budget on file with both parties. Submitting to the Local Partnership, in such form as specified by the Local Partnership, a financial status report for each activity, which details monthly expenditures in order to claim reimbursement or receive payment. This expenditure report must be submitted by the 14th (fourteenth) day of each month. 4. UNEXPENDED FUNDS: Any unexpended funds held by the Direct Services Provider shall be reported to the Local Partnership with the final claim for reimbursement. Payment for the final claim shaIl be reduced by this amount. If the remaining unexpended funds are in excess of the final claim for payment, the Direct Services Provider shalI return these excess funds to the Local Partnership within fifteen days after approval of the final claim. The Local Partnership have the authority to withhold payment if the Direct Services Provider fails to make significant progress toward achieving outcomes, if the quality of services provided fails to meet the Local Partnership standards and expectations for any reason, or if the Direct Services Provider fails to submit required reports. t. 5. Grantee will promote the activities specified in this contract as being funded by Wachovia and the Local Partnership. 6. Records of receipts and disbursements will be maintained by Grantee and such books and records will be made available to the NCPC, or its representative, upon request. 7. Grantee accepts and will retain full responsibility for compliance with the terms and conditions of this grant. 8. In the event the attached budget needs to be revised or amended during the course of the project, changes to the project budget and/or objectives shall be submitted to the Local Partnership for approval. The budget or program revision will be approved or disapproved in writing by an appropriate representative of the Local Partnership following receipt of the written request. 9. These funds will not be used to supplant any other funds for this project, which have already been funded with federal, state or local dollars. 10. No funds from this Letter of Agreement will be used to carry on propaganda or otherwise to attempt to influence legislation, to influence the outcome of any public election, 'or to carry on directly or indirectly any voter registration. 11. The Grantee will maintain an Equal Employment Opportunity Program in accordance with Amended Equal Employment Opportunity Guidelines 28C.F.R.42.301, et.seq., Subpart E. 12. The Grantee will maintain a Drug-Free Workplace Awareness program and will make a good faith effort to maintain a drug-free workplace, in accordance with the requirements of Title Y, Secs 5153 and 5154 of the Anti-Drug Abuse Act of 1988. 13. The 'Grantee will report suspected child abuse, neglect, or dependency as defined in G.S. 7B-301. 14. The person signing this "Letter of Agreement" certifies his or her authority to execute this agreement on behalf of Grantee. IN WITNESS WHEREOF, this Letter of Agreement is duly executed: On behalf of the New Hanover County Partnership for Children: t::t.<<-r-~' ?J)02 Date I 2 t Contractor: NHC Health Department Contract # 3-23-3-03-0997 Activity: Healthy Homes-Asthma Management Effective JULY 1, 2002 DESCRIPTION I SMART START I Personnel 11) Salary/Waoes/Benefits 12,125.00 12lContracted Services - 13) TOTAL PERSONNEUCONTRACTED SERVICES COST 12,125.00 Suoolies and Materials 14) Office Suoolies and Materials 125.00 15) Services Related Suoolies 225.00 16) Total Supplies & Material Cost 350.00 Current Obligations 17 Travel - 18 Communications & Postaae 300.00 19 Utilities - 20 Printinq and Bindino 150.00 21 Reoair and Maintenance - 22 Meetino/Conference Exoense - 23 Employee Trainino (no travell 75.00 24) Classified Advertisino - 25) In-State Board Member Expense: N/A . 26) TOTAL NON-FIXED OPERATING EXPENSES 525.00 Fixed Charges and Other Expenses - 35 Office Rent (Land Buildinns etc.) - 36 Furniture Rental - 37 Equipment Rental (Phones Computer etc. \ - 38 Vehicle Rental: N!A 39 Dues and Subscriotions - 40 Insurance and Bondino - 33) Book/Library Reference Materials- - 34) Mortoaoe Interest and Bank Fees - 35) Other Exoenses: N/A 36) Total Fixed Charges & Other Expenses . CaoltalOutlay 37 Buildinqs & Imorovements - 38 Leasehold Imorovements - 39 Furniture! Non-Comouter Eoot. $500. + oer item - 40) Computer EauiomentfPrinters $500. + per item - 41 )Furniture/EauDt. under $500. - 42) Total Property & Equipment Outlay - Contracts & Grants 43) Purchase of Services - 44) Contracts with Service Providers - 45 Stipends/Scholarships/Bonuses . 46 Grants/Cash Awards - 471 GrantslNon-Cash Awards - 48) Total Servicesl Grants/ Contracts - 50) Total Expenditures 13,000.00 NEW HANOVER COUNTY PARTNERSHIP FOR CHILDREN 2002-2003 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment Consent Item #: 6.6 Estimated Time: Page Number: DEPARTM ENT: Courts/Cape Fear Memorial Foundation (CFM F)-Juvenile Crime Prevention BUDGET AMENDMENT #: 03-0067 ADJUSTMENT Cape Fear Memorial Foundation Grant Contributions From Southeastern Center (SEMH) DEBIT $11,163 $10,000 CREDIT Salaries and Wages Social Security Taxes Retirement-Local Govt. Employee Medical Insurance Expense Long-Term Disability Insurance $12,037 $1,018 $731 $7,349 $28 EXPLANATION: To budget additional Cape Fear Memorial Foundation Grant funds and a contribution from Southeastern Center for a Juvenile Crime Prevention position. This will reestablish a grant-funded position that was eliminated with the downsizing during FY 01-02. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment Consent Item #: 6.7 Estimated Time: Page Number: DEPARTMENT: Jail BUDGET AMENDMENT #: 03-0068 ADJUSTMENT U.S.Marshall Service-CAP Capital Outlay DEBIT $140,000 CREDIT $140,000 EXPLANATION: To budget funds received from U.S. Marshall's Service for the purchase of video arraignment equipment and an AFIS fingerprint system. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. {This page intentionally left blank} NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/12/02 Budget Amendment Consent Item #: 6.8 Estimated Time: Page Number: DEPARTM ENT: Sheriff -Controlled Substance Tax/Firing Range Capital Project BUDGET AMENDMENT #: 2003-13 ADJUSTMENT DEBIT CREDIT Controlled Substance Tax - Sheriff Extended Project Expense Transfer to Capital Projects $27,000 $27,000 Sheriff's Firing Range Capital Prj. Transf In From Cont Sub Tax Capital Project Expense $27,000 $27,000 EXPLANATION: Transfer in amount of $27,000 from Controlled Substance Tax funds to provide increased security for the Sheriff's Firing Range Capital Project as approved by the Sheriff. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0.